Saturday, January 11, 2025

Surprised At Unequal Justice?

So Donald Trump was finally sentenced for his conviction on 34 counts of falsifying business records in New York State. But since he would be inaugurated as President of United States ten days after the sentencing, there would be no consequenses...at all. The sentence of "unconditional release" means no prison time, no probation, no restrictions, no conditions at all. Trump was whining on his social media site Truth Social that this someone meant that he was innocent...just another example of his ignorance on so many fronts. His conviction on these 34 counts (which were really piling on, since each of the counts traced back to the same crime: falsifying records in order to influence voters in the 2016 election - it was a separate count for each ledger entry, each check, each memo) were just one of the indictments. He was indicted by a Georgia State grand jury for his attempt to "find" enough votes to flip the states electoral votes to him. It's unlikely that this case will ever proceed since the prosecutor was banned from continuing with the case. Of the two federal indictments, one was for retaining federal documents and refusing to return them. The judge in the case dismissed the charges on the grounds that the position of Special Counsel was unconstitutional, despite there having been several Special Counsel appointments, at least one of which was confirmed as legal. The other federal indictment was for election interference for his actions not only for inciting the January 6th Insurrection, but for the numerous other actions he took to overturn the election results in 2020 and in January 2021. This case was delayed while the Supreme Court mulled over the concept of presidential immunity. Both the federal cases were effectively moot when Trump was re-elected - Department of Justice policy is such that the president cannot be prosecuted for anything while in office. The delays ran out the clock. 

Anyone who is surprised at this isn't paying attention.

There's several factors involved. His cultish following and compliant judges with novel interpretations of law, certainly. But the fact that someone with a lot of money to spend and/or with powerful connections can avoid or delay consequences for their actions is nothing new. Look at the whole concept of cash bail. In some jurisdictions people accused of crimes spend months, if not years sitting in a jail cell waiting for their trial. Not because this is what happens to everyone, but because many people have no financial resources and cannot afford even the most insignificant level of bail. Many will plead guilty just to get released. Meanwhile they've lost their job and have a criminal conviction on their record and have trouble getting a new job. But if you have a few million or billion in the bank, bail is seldom going to be a problem. 

Access to lawyers is another obstacle to equal justice. How many people who are reading this article have a lawyer? I have used a lawyer a couple of times in my life, but I don't have one in my smartphone contacts (I almost typed "speed dial"). If I was arrested I would need to use my one phone call to call my wife or other family member and ask them to Google "criminal lawyers in Lincoln NE". And I'm not poor. Even so, I would quickly drain my bank and retirement accounts to pay for any kind of defense. This doesn't just apply in criminal cases. Bringing suit in civil court is expensive. An ordinary person trying to sue a big company or a wealthy individual soon finds out how expensive delays can be. This is how people like Trump are able to avoid paying contractors - they don't have the resources to outlast the myriad delaying tactics. The delaying motions don't even have to be reasonable, but unless they're completely frivolous the judge has to consider them, and eventually the plaintiff runs out of money. Of course there is pro bono attorneys and public defenders exist of course, but many of them have such large case loads that they are no match for the gold-plated lawyers that billionaires have on retainer. 

Trump's escape from any consequences for his actions shine a spotlight on a problem with our legal system., but it's not new. And in nine days he will be in charge of the federal law enforcement apparatus, and has promised to use it to go after those he perceives as his enemies. Maybe it's just bluster, crazy talk to gin up support from his rabid base. But is that better? Marginally. 

But just the threat of retribution has inspired some to comply in advance. 

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