What does it say about the state of our country when, according to recent polls,“Threats to Democracy” are a major concern for the public? What’s even more startling is that the threats are not some external menace, such as China or Russia. As the “Pogo” cartoon once said about the environment, “We have met the enemy, and he is us.”
Just look at the U.S. justice system, once considered a safeguard of democracy, It is now viewed by an overwhelming number of Americans as a political instrument.
Democrats point to Donald Trump and Bill Barr as culprits who started the decline. No question that they appointed political hacks and outrageously ideological judges to the federal bench.
In response, Republicans point to the Manhattan District Attorney Alvin Bragg’s criminal prosecution of Trump. To them, this surely looks like a case motivated by a local DA’s own political benefit.
They will also point to New York Attorney General Tish James’ quest to derail Trump via a civil action. Indeed, James ran for office on the promise of targeting Trump. She then brought a fraud case against Trump where the banks did not lose any money and the law on which the case is based was designed to protect the interests of consumers.
We have also watched as Special Counsel Jack Smith tried to move the date of Trump’s trial to assure a verdict before the presidential election. Since when do federal prosecutors concern themselves with election dates?
And now a special counsel absolved President Biden in the classified document case, but gratuitously offered a damning psychological examination.
Biden may be outraged but he cannot be surprised. Once the justice system is allowed to play politics, there is no stopping.
As a disclaimer, I am not objective on the topic. I have firsthand experience dealing with a politicized justice system where clear conflicts of interest by the state attorney general were ignored, a so-called “independent prosecutor” was appointed despite being a known political nemesis.
Everyday interactions were weaponized and exculpatory evidence was not just ignored but hidden away. Ironically, Biden called for my resignation within hours of the release of the clearly fraudulent political report. He did so while conceding that “I haven’t read the report.” But this was politics, not justice.
To add to this, just last month Brooklyn U.S. Attorney Breon Peace entered into a settlement agreement with my successor in office — an elected official who benefits directly from political damage inflicted upon me — endorsing the state AG’s now proven flawed findings.
Bizarrely, Peace did this without bothering to interview me, my staff or any of the people involved. He also violated basic legal ethics because the report he rubberstamped was done by his former law firm while he was a partner there. The firm was paid $6.5 million by the state. The press barely raised an eyebrow. Neither Biden nor U.S. Attorney General Merrick Garland or anyone in his administration said boo.
Mayor Adams was quite publicly raided by the notoriously political Southern District more than 100 days ago. Some believe it was motivated by Adams’ criticism of Biden’s migrant policy. No charges have been brought or explanations offered. This furthers the skepticism.
Some argue we have a design flaw in our justice system. Unlike many other countries where prosecutors are career civil service professionals, our prosecutors are chosen politically. Local district attorneys and state attorney generals hold their jobs by seeking votes, headlines and donations. U.S. attorneys are not anointed by the Almighty but handpicked by the senators of the political party that happens to hold the Senate majority at that time. Of course, they are political and motivated to please the hand that picks them.
Human nature, ambition, ego and self-interest are powerful forces. Perhaps Robert Hur wanted to appear evenhanded and nonpartisan by absolving Biden but criticizing his mental faculties. Maybe James wanted to be governor of New York. Maybe Smith wants to be the person who saves America from a Trump presidency.
So what is the solution? The only safeguard is engaged independent reviewers. That could be an unbiased and competent press corps, principled statesmen or credible legal professionals who speak up and transcend partisan politics and personal agendas. Today that is largely missing.
Who can stand up and say “no this is America, we are not a banana republic, we don’t play politics in our justice system.” Not even the apparent next presidential candidates can credibly say it. Trump says the exact opposite, and now so does Biden. Is there any mystery to the cynicism of the public?
Cuomo was the 56th governor of the State of New York.
from New York Daily News https://ift.tt/htURDr7