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Downsouthjukin

(86 posts)
Sat Apr 15, 2023, 10:12 AM Apr 2023

The rule of law

Last edited Sat Apr 15, 2023, 11:31 AM - Edit history (4)

When the rule of law is ignored or applied unequally democracy dies. Here are some examples of the dying process at work.

1. A man leaked classified documents violating the law. He was a member of the armed forces. The crime and the perpetrator were identified and an arrest was made prompting the start of the judicial process. This is an example of how the rule of law works. A. A law was passed by the legislative branch. B. The law was broken and the executive branch took action to enforce the law. c. The perpetrator was arraigned in court beginning the judicial process.

2. A former President illegally removed more sensitive classified material from its lawful location and took it to an unsecured location. It was discovered that he had done so. He was then begged to give it back and he refused. The executive branch identified the law had been broken and obtained a search warrant to search for evidence of a crime, which is the only reason a search warrant can be issued. Evidence of the alleged crimes was found, yet no arrest has been made. The circumstances are no different. The same elements of the same crime have lead to probable cause that a crime was committed. The perpetrator in the case, a former president has gone on national television and stated he took the classified material because it was his to take and he did it openly. Yet no arrest made by the executive branch, therefore no judicial process has been started.

3. A sitting Supreme Court justice sold property exceeding the threshold for disclosure under a federal law. Records of the sale of the property exist. Records of the failure to disclose the sale of the properties exist. A law made by the legislative branch has been broken. The executive branch has not taken any action to enforce the law, and the only involvement by the judicial branch so far is that the perpetrator is a member of the highest court in the judicial branch.

In case 2 and 3, the Executive branch is the branch that has failed to do its duty to enforce the law. In case 1 the rule of law has been followed by all three branches of government. Right now the only branch of government that is not controlled by a group that is actively working to overthrow our form of government is the Executive branch. If they will not do their duty, which is the enforcement of the rule of law democracy is pretty much over. The Executive branch is all that is standing in the way of democracy being scrapped and authoritarian rule becoming the new form of rule in this country. I don't want to hear about patience or how long investigations take blah blah blah. I was an investigator by trade and I know what probable cause is and when it has been met. I know that certain cases are what are referred to as documents cases. This means that a major amount of investigation is not needed because the elements of the crime are based on documentation which exists that shows the elements of the law have been violated and in both these cases the perpetrator is identified.

Our executive branch must do its job and soon or we will lose our democracy. That much is very plain and simple. You don't need a degree to understand it.

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The rule of law (Original Post) Downsouthjukin Apr 2023 OP
Welcome to our DU family. niyad Apr 2023 #1
I participate on a FB page of mostly rabid republicans... Tesha Apr 2023 #2
This message was self-deleted by its author Chin music Apr 2023 #3
That's about all I do, too. calimary Apr 2023 #4
You know, I used to love fighting the good fight on HP and the Hill, but PatrickforB Apr 2023 #12
Good comments Patrick DENVERPOPS Apr 2023 #16
I worked my way through undergrad school (Metro) with a big PatrickforB Apr 2023 #19
I agree, I refuse to wallow in big public posts Tesha Apr 2023 #18
I'm with you,I love to poke the Bear. Somewhere out there somebody on the edge of flying_wahini Apr 2023 #11
thank you for your service! LymphocyteLover Apr 2023 #13
If I were king, multigraincracker Apr 2023 #5
A rejiggering is probably needed. But I'd change the 2nd so weapons of any type require erronis Apr 2023 #10
Have to watch out for those multigraincracker Apr 2023 #14
26 months and counting republianmushroom Apr 2023 #6
Well said, and welcome to DU. c-rational Apr 2023 #7
You left some stuff out Fiendish Thingy Apr 2023 #8
Yawn..... brooklynite Apr 2023 #9
Your definition of the rule of law is incomplete at best. Beastly Boy Apr 2023 #15
Welcome to DU. Magoo48 Apr 2023 #17
Welcome to DU, Downsouthjukin! calimary Apr 2023 #20

Tesha

(21,120 posts)
2. I participate on a FB page of mostly rabid republicans...
Sat Apr 15, 2023, 10:25 AM
Apr 2023

and there I have tried to bring up both issues that have the same basis...the rule of law.

Responses include:

Something about HUnter Biden
That this is all racist, and so am I
That the president does this... somehow
That we've always been after these two men

and on and on. People who say they are patriots and love their country and they cannot admit they will only accept the interpretation from their trusted media sources.

We are so broken.

Response to Tesha (Reply #2)

calimary

(89,548 posts)
4. That's about all I do, too.
Sat Apr 15, 2023, 11:08 AM
Apr 2023

Why wade into the muck? You just get ick all over you. And it can get under your skin and into your brain and infect your thinking and reasoning. Not my idea of a good time, thank you very much.

PatrickforB

(15,398 posts)
12. You know, I used to love fighting the good fight on HP and the Hill, but
Sat Apr 15, 2023, 12:30 PM
Apr 2023

both of those cut out reader comments.

So I stopped reading them. And, I make it a point never to buy anything advertised on them when by chance I go there. I have an ad blocker anyway...

It bothers me, as well, that all the big corporate news networks - ABC, NBC, CBS, CNN, have essentially cut out any email or other avenues for people to give them feedback.

I guess they don't want no feedback! That golden bull idol on Wall Street be HUNGRY for shareholder profits! Truth doesn't matter. Everyone knows that!

I stopped taking the Denver Post because I got flagged and NONE of my comments were published. Too much truth I guess...and you absolutely CANNOT get to any editor to give them feedback at all. Just 'news tips.'

One of the things I like about the NYT is I can still comment on articles, at least some of them. If they cut that off, I very well might cut them off and cancel my subscription. I LIKE to comment on news articles. Silly me, with this sad penchant for truth!

DENVERPOPS

(13,003 posts)
16. Good comments Patrick
Sat Apr 15, 2023, 01:13 PM
Apr 2023

Ever since someone? decided that Denver was "not big enough" for the two newspapers that had existed for an entire century, the people in the city of Denver have been screwed over.......

Not only did someone? "decide" that only one of those newspapers should remain, but someone? "decided" that it should be the Denver Post. And the post did not pick up a single reporter or editor from the RM News that I can think of........



And now, we have only that one, mostly hard right leaning, local newspaper..............Gene Amole is rolling over in his grave...........

Hell, even back in the day, the News had it all over the post. I threw the "Post" back in the 50's starting when I was 11 YO. but switched to the "News" because they treated their "News boys" far better than the Post did........and it mattered, believe me.........
We had to get up at 3am every morning and fold, pack the bags on our bike, and run our route, being sure to have the newspaper on the porch of every subscriber by 5am, then go back to bed and then get up and go to school.........Believe me, it could get really brutal during the winter when it was extremely cold, and/or with 6-12" of new fallen snow on the walks. But I "threw" my 126 daily and 137 Sunday papers every day, and never missed a single day during that entire year that I worked for the News........

I also enjoy making comments on a news article, often to ad something very important that the twenty something, so called "journalist" reporter didn't mention or bother doing research to include in their article. Not much different than the local network TV news people. In my opinion, they have been reduced to "talking heads", not doing the actual reporting and writing their story, but merely reciting what is put in front of them on the teleprompter....... Remember Carl Akers and his: "That's 30" sign off every night??????????

PatrickforB

(15,398 posts)
19. I worked my way through undergrad school (Metro) with a big
Sun Apr 16, 2023, 08:11 PM
Apr 2023

RMN car route. I was very sad when the RMN folded. They were a good paper.

As to Carl Akers, I think I was in college when he left in the 80s. I graduated in '87 with a BA, then from grad school in '94. Went to Heritage High School - I was in the second class that started as freshmen after attending Euclid when it was 'Junior High' as opposed to Middle School.

We did have another nickname for Euclid...

Tesha

(21,120 posts)
18. I agree, I refuse to wallow in big public posts
Sat Apr 15, 2023, 01:36 PM
Apr 2023

You have no idea who's there.

But this page is all local people, I could go knock on their doors if I felt like it.
In fact, as a public official, I offered to take anyone out for a coffee and a chat.
Two brave young men took me up on it, and one ended our coffee time with a hug - from him!
A liberal old lady just scares the heck out of some young men.

But I've retired and just stir up these people on one page, making them dig hard to find ways out of talking to a liberal.

flying_wahini

(8,263 posts)
11. I'm with you,I love to poke the Bear. Somewhere out there somebody on the edge of
Sat Apr 15, 2023, 12:26 PM
Apr 2023

Changing their mind is listening.

erronis

(23,405 posts)
10. A rejiggering is probably needed. But I'd change the 2nd so weapons of any type require
Sat Apr 15, 2023, 11:57 AM
Apr 2023

licensing and regulation and proof of competency.

Need a definition of "weapon" that encompasses all the nasties that humans can devise. As someone will point out, a pillow can be a weapon....

Fiendish Thingy

(22,700 posts)
8. You left some stuff out
Sat Apr 15, 2023, 11:51 AM
Apr 2023
In case 2 and 3, the Executive branch is the branch that has failed to do its duty to enforce the law, quickly enough to satisfy my impatience


FIFY

Your impatience is not a measure of the success or failure of democracy.

It’s not “plain and simple”, and to claim it is reveals a glaring lack of understanding.
 

Beastly Boy

(13,283 posts)
15. Your definition of the rule of law is incomplete at best.
Sat Apr 15, 2023, 01:06 PM
Apr 2023

There may be several steps between identifying a crime and identifying a suspect. There may be several steps between identifying a suspect and making an arrest. There may be several steps between making an arrest and charging a suspect with a crime. There may be several steps between identifying a perpetrator and making him a defendant. There may be several steps between an arrest and the start of judicial process. The rule of law begins with identifying a crime, but describing how it works isn't limited by the description you gave. The rule of law is inseparable from due process of law.

Incomplete or inaccurate understanding of the rule of law easily lends itself to false equivalencies. False equivalencies easily lend themselves to wrong conclusions.

Magoo48

(6,713 posts)
17. Welcome to DU.
Sat Apr 15, 2023, 01:24 PM
Apr 2023

Empirical denunciation on behalf of the DOJ, by folks who most likely don’t know any more than the rest of us concerning it’s glacial movements in pursuit of tfg, have no more validity here than those wondering about pace of the chase.

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