For the past decade, no mantra has flowed over the lips of Democrats and the left-wing establishment more than “no man is above the law” — or “person”, if you prefer. That is, unless the person breaking the law is a Democrat or left-winger – or participating in left-wing protest.
Arresting Judges
Nowhere is the hypocrisy more evident than in the responses to the recent arrests or threatened arrests of public officials. The arrests of a judge in Wisconsin and a former judge in New Mexico for shielding illegal aliens from Immigration and Customs Enforcement (ICE) reflect that hypocrisy.
Milwaukee County Circuit Court Judge Hannah Dugan was arrested – and now indicted by a grand Jury – for assisting in the attempted escape of an illegal immigrant wanted by ICE. Eduardo Flores-Ruiz was in Dugan’s courtroom on a charge of battery. Instead of turning him over as requested by ICE agents on the scene for deportation, Dugan abruptly ended the trial and facilitated Flores-Ruiz’s attempted escape through a private area and exit. The fact that Flores-Ruiz was arrested and is currently in custody does not absolve Dugan of her criminal actions.
Former New Mexico Judge Jose Cano and his wife Nancy, were arrested and charged with conspiring to tamper with evidence involving Cristhian Ortega-Lopez, an illegal alien and suspected member of Tren de Aragua. Ortega-Lopez had been living in a detached casita on the Cano grounds. Agents found guns at that site. In order to protect Ortega-Lopez, it is alleged that Jose and Nancy smashed a phone that contained photographs of Ortega-Lopez in illegal possession of guns. The phone was said to have had records of conversations between Canos and Ortega-Lopez – as well as other persons. Agents were able to seize other phones that established his ties to Tren de Aragua.
In both cases, the left-wing media were filled with reports accusing President Trump and the Department of Justice of carrying out improper and illegal authoritarian tactics against public officials. It was said these were political arrests as part of what the left calls “retribution.” They called the arrest of public officials “shocking” and “unprecedented”.
Arresting Public Officials
Then came the events outside an ICE facility in Newark, New Jersey. Left-wing protestors assembled as prisoners were being transferred from vehicles into the facility pending deportation. The situation escalated when protestors – including Newark’s Mayor Ras Baraka and three members of Congress (Rob Menendez Jr., LaMonica McIver and Bonnie Watson Coleman) stormed the facility’s gate in an attempt to force entry — coming into physical contact with ICE officers guarding the transfer of prisoners – and creating a dangerous situation. Pushing and shoving ensured. Baraka was arrested and the Justice Department is currently investigating potential charges against the three members of Congress. McIver was seen on video body slamming an ICE officer from behind.
The Democrats and the left-wing anti-Trump establishment have gone bonkers against Trump (as usual). They claim that the very idea of arresting judges and public officials is improper … illegal … un-American … unconstitutional. Forget about the facts of the cases. To the left, the very idea of arresting public officials is aberrant.
The arrest of Baraka resulted in a number of Democrat lawmakers charging “abuse of power.” New Jersey’s Democrat Governor Phil Murphy said the arrest was unjust. Democrat New Jersey Senator Cory Booker said the entire incident was “federal overreach”. Of course, none of them dealt with the events and actions that led up to the arrest – and the potential arrest of the participating members of Congress.
Left-Wing Hypocrisy
Sooo …where is all that talk about the rule-of-law and that no person being above the law? What we are seeing is state-of-the-art hypocrisy – a hyper hypocrisy from politicians and left-wing media that wallows in hypocrisy on a daily basis.
(I have often stated that hypocrisy is not a problem in politics, it is a prerequisite of employment. But I digress.)
There was a time when those on the left considered being arrested at a protest a badge-of-honor. In his early days, the late-Congressman John Lewis was arrested more than once as a young protester. It was what he called “good trouble.” Hard to recall how many times Jesse Jackson and Al Sharpton may have been arrested. (I am sympathetic to the protest against the oppression of Blacks in the solid Democrat south and the major cities, since most of the violence was directed at peaceful demonstrators by racist regimes.)
Arresting Members of Congress – Nothing New
And what about members of Congress. It is NOT unprecedented for members of Congress to be arrested. In fact, the first case involved Vermont Congressman Matthew Lyon, who was arrested and jailed under the Alien and Sedition Acts. If you do not recall the case, it could be because it occurred in 1798 when the American Republic was only nine years old. Lyon was re-elected to Congress while in prison.
In 1877, South Carolina Congressman Robert Smalls was convicted of accepting a bribe in return for a government contract. He was later pardoned. Congressman Henry Cassel of Pennsylvania was arrested and convicted of fraud in 1909. In 1912, Illinois Senator William Lorimer was found guilty of accepting bribes. In 1993, Texas Congressman Albert Bustamante was convicted on racketeering charges. Florida Congresswoman Corrine Brown was convicted of fraud and tax evasion in 2017.
And just last year, 2024, former Florida Congress David Rivera was indicted for receiving $5.5 million to act as an unregistered agent for corrupt Venezuelan businessman Raúl Gorrín — and for laundering funds through fraudulent shell companies while serving in Congress.
Yes … members of Congress can be arrested, indicted and even jailed for breaking laws. The question is whether Bakara and the three congresspersons broke the law – and it looks like they did. However, they are relying on a cultural and political tradition that breaking laws while protesting does not count. It is that theory – and the presence of overly accommodating prosecutors — that has spared thousands of violent criminal protesters from accountability and justice.
If we do live under a rule-of-law and no person is above the law. Bakara and the three members of congress – and the judges – should have their actions decided by a jury – not by partisans and a biased media.
Immunity from the Law
Presidents are not the only ones with legal immunity from the law. Dugan is already claiming judicial immunity. You can also bet that if arrested, the three members of Congress will claim “congressional immunity.” Hypothetically, Congressman Raskin already said he would invoke congressional immunity if he were the target of an investigation. Yep! Those who point to the rule-of-law and equal justice have legal immunity – putting them above the law. (Did I mention “hypocrisy”?)
The arrest of public officials is a controversial issue, often entangled with political narratives and legal interpretations. But breaking the law as a matter of civil disobedience or protest is still … breaking the law. The arrests of Braka and the potential arrest of members of Congress highlight the tension between political activism and legal accountability. Ultimately, however, the principle that “no one is above the law” must be applied consistently, regardless of political affiliation or status.
So, there ‘tis.