Fluid Laws Are Not Laws

As a country we’re facing a tipping point.

There are those that boldly tell us the Constitution is a ‘living’ document, subject to interpretation of the times today. They say it was never meant to be literal. How do these constitutional non-scholars know this? Because if what it says doesn’t fit what they want to accomplish they want it to be “living,” and therefore can be ‘interpreted’ to say something it doesn’t. They know many items on their agenda have little chance of becoming law through the representative, legislative process, so they want federal judges at all levels to interpret the Constitution the way they want it interpreted and thereby circumventing the legislative standard.

It has gone further. We’re now dealing with something I call “fluid” law.

What fluid law means is the law is applied and enforced totally dependent on your ideology, your political leanings and/or social class.

We’re all aware that some prosecutors – district attorneys – have decided to apply the law differently than what their laws say. Most of the argument for this ‘fluidity’ is that our prisons are too big, too crowded. Therefore, criminals often are not held with any or substantive bail and are released quickly – without regard to the many examples of dire consequences for their releases – not to mention the absence of deterrent.

Then we have the political influence to make laws fluid. If you were a rioter in Minneapolis and elsewhere in the summer of 2020 and one of the few arrested for the violence, killings, and arson, you were probably released rather quickly. Our VP even set up a national fund to pay the bail for those arrested rioters. Why? Because the political narrative was that the police were racist and rioting was understandable.

Add the Hunter Biden laptop to the list of fluid law application. Not only was most of the media accommodating in the coverup and timing of the reporting, then after the election supportive of the narrative it was Russian misinformation, there was/is no Congressional investigation.

Now comes January 6, 2021, when a number of jackasses breached the Capitol. Many were properly arrested – most charged with trespassing or other misdemeanors. There were no guns or what we would call weapons carried by those trespassers. There was one killing, that by a Capitol police officer of an unarmed woman. But here’s where the law becomes fluid.

The police officer who committed the killing was not arrested and tried like Derek Chauvin. Nothing ever happened to him. A police officer who died during the breach was laid in state because of fake news that he was killed by being smashed with a fire extinguisher. The coroner later found he had died of a stroke.

But the die was cast. It was and still is described as an ‘insurrection’ and ‘sedition.’ Those areas of Seattle and Portland that were set up in 2020 as separate ‘countries’ by rioters were never described as insurrectionists. I don’t think most of the participants were even arrested.

So, what’s the difference? Why were those 2020 rioters treated differently than those who breached the Capitol? The answer is simple, Donald Trump.

The Capitol rioters were Trump supporters. The summer 2020 rioters were not.

So, the Democrat controlled House established a Special Committee to investigate the Capitol breach and “the attack on democracy.” There obviously are precedents for special House committees. Iran-Contra comes to mind and prior to that the Nixon, Watergate scandal. The difference between those special committees and this one is the entire 9-member committee was appointed by the Speaker of the House. Normally special investigative House committees have appointments by the minority Party. But in this case, Republican appointees were rejected. The 2 members of the Republican Party appointed by the Speaker were well known ‘never Trumpers.’ This Special Committee is blatantly partisan.

The focus of the investigation has been to uncover one or more ‘conspiracies’ created and managed by Donald Trump and many of his colleagues leading up to the Jan. 6 breach of the Capitol. There is no transparent committee discussion about staffing, depositions, subpoenas, or charges for contempt of Congress. It’s all one-sided – and political. And the majority of the American people and voters know it.

This Special Committee was formed July 1, 2021, to investigate the “domestic terrorist attack upon the United States Capitol.” So, it was determined from the onset it was domestic terror. We supposedly can expect a final report of the Committee within the next several months. We all know that report will say that Donald Trump knew he did not win the election and was thus perpetrating a fraud, and that he led a “criminal conspiracy” that led to the ‘attack’ on the Capitol. We know this because on prime-time TV, June 12, 2022, the committee announced it has enough evidence to recommend that the Justice Department indict Trump.

Don’t be surprised if this Justice Department actually does bring charges against Trump. Frankly, I would look forward to a court case on the whole matter where ‘evidence’ can be challenged, and witnesses cross-examined.

But the real tipping point we’re facing is the law becoming ‘fluid’ and applied differently dependent on what your politics may be and whether they fit what the latest approved ‘narrative’ may be.

Oh, and the fluid law music continues. 7 CBS staffers were arrested and charged with trespassing in the Capitol last week. They were held overnight, then released. No protestor at the homes of Supreme Court Justices threatening not only the justices but their families – a clear violation of federal law – has yet to be arrested.

Laws became fluid during the French Revolution, and 1917 Russia. Laws were interpreted to say what the mob wanted them to say – and the laws became weapons.

If we don’t want subjective application of our laws, we must insist that separation of powers remain intact here. That judges interpret the Constitution and laws for what they say (and don’t say) and not make law, that law enforcement arrests and charges prosecuted apply equally to all violators, including illegal immigrants, and that our legislative branch step up to oversteps by itself and the other branches.

The Constitution and laws in the United States are not meant to be fluid. But when they are we have no Constitution and no laws.

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Have a great and prosperous week.

Hug somebody.

References:

https://www.washingtontimes.com/news/2022/jun/1/jan-6-committee-is-a-kangaroo-committee/

https://www.cnn.com/2021/12/08/politics/mark-meadows-lawsuit/index.html

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