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Showing Original Post only (View all)The rule of law [View all]
Last edited Sat Apr 15, 2023, 12:31 PM - 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.