Today, we are going to take a look back at a place that used to be called “America.” Our attention for this trip down memory lane will be focused on what many used to refer to as “justice.” In order to understand the concept of “justice” in America, we must make a short journey back in time to a place called Runnymede, England in the year 1215 and consider the document entitled the Magna Carta. Many of you will recall that the Magna Carta was a charter of English liberties granted by King John on June 15, 1215, under threat of civil war and reissued, with alterations, in 1216, 1217, and 1225. By declaring the sovereign to be subject to the rule of law and documenting the liberties held by “free men,” the Magna Carta provided the foundation for individual rights in Anglo-American jurisprudence. Further, it sought to prevent the king from exploiting his power.
Now let’s fast forward to 1787 and the ratification of the US Constitution. It seems the Founding Fathers had a deep and abiding appreciation for the laws of England. Consequently, they used their knowledge to develop the principles of jurisprudence in America.
These principles are rooted in the U.S. Constitution, which includes concepts such as the rule of law, the separation of powers, federalism, individual rights, and the principle that the Constitution is the supreme law of the land. These principles shape our legal framework and guide the interpretation and application of laws within the American legal system.
Let’s now take a look at the first principle, the Rule of Law. As we now know, the rule of law was a fundamental principle in the American legal system, serving as the bedrock for justice and governance. It embodied the idea that all individuals and institutions were subject to and accountable to the law, ensuring fairness, predictability, and equal treatment under the law. In America, the rule of law was deeply rooted in the Constitution, which established the framework for the nation's legal and political systems. It limited the powers of government, protected individual rights, and outlined the separation of powers among the legislative, executive, and judicial branches. This separation is crucial for maintaining checks and balances and preventing the abuse of power.
So, what went wrong? In 2016, a non-politician was elected to the highest office in the land – as we know, that was Donald J. Trump. Over the course of the campaign that election season, we learned that his opponent, Hillary Clinton, had violated the law while serving as the Secretary of State in the Obama Administration. Her crime was having and maintaining a secret server in order to circumvent the Records Act, which essentially requires all government officials to preserve all official and even private communications if using a government network. Chants of “lock her up” were often heard at Trump rallies.
History tells us that shortly after taking office, Trump was confronted with the idea that he should direct the Justice Department to prosecute Clinton for her many crimes. But Trump chose not to abuse his power – instead he opined that “It would not be in the best interest of the nation to pursue a legal case against Clinton”. It was clear that Trump understood the rule of law and the abuse of power, and he acted in the best interest of the nation. But just 4 years later, that was not to be the case for his successor, Joe Biden.
Prior to taking office, the nation was rocked by the riot that took place on Capitol Hill. The day was January 6, 2021, and supporters of Trump were trying to make the case that the 2020 election appeared to have been stolen by the Democrats. Almost immediately after taking office, Biden’s Justice Department began apprehending and incarcerating people who were inside the Capitol that day. The number of Constitutional violations of individual rights is in fact too extensive to recount here. What we can say by looking back is that by the 2022 midterm elections, Biden was in full “lawfare” as evidenced by the following quote in a White House Press Conference: “We just have to demonstrate that he [Trump] will not take power by, if we, if he does run. I'm making sure he, under legitimate efforts of our Constitution, does not become the next President again."
Biden all but confirmed that he and his team have been and are coordinating these Trump indictments to "stop Trump” from taking power again.
Within weeks of Biden speaking on this matter, Trump was indicted in New York by Alvin Bragg for an allegation we all thought had been settled. This was followed closely by a case opened in Florida by the Justice Department linked to classified documents.
Another case is in New York regarding overvaluation of Trump properties to obtain loans from banks; and finally, there is the Grand Jury RICO indictment in Atlanta for trying to change election results in Georgia. And we can’t forget that the NY State Legislature passed a special bill allowing an alleged accusation of rape by Trump to be reopened.
Looking back, we can essentially mark the end of justice in America on January 22, 2021, the day that Joe Biden was sworn into office. And without recounting all of the injustices that are being played out right in front of our eyes, it is important, in conclusion, to say - the erosion of justice in America stands as a stark reminder of the work that lies ahead. It calls for a collective effort to reinvigorate the values upon which a just society is built. Just like the Barons in 1215 at Runnymede that forced concessions from the King of England under the threat of civil war – so must we fight to save our legal system. Our fight today is not carried out with long bows and arrows … today we fight at the ballot box. So, the only way this can happen is for you to vote for change. If you don’t, there is a possibility that all will be lost.