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HORIST: What rule of law?

<p>Some argue that the American justice system is corrupt and in need of reform&period;&nbsp&semi; Others say the system is run by honest individuals just doing their job in a professional and ethical manner&period;&nbsp&semi; In a sense&comma; both are correct&period;&nbsp&semi; It just depends on what portion of the judicial system you are considering&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">When it comes to hard crimes&comma; like murder&comma; bank robbery&comma; rape and embezzlement&comma; the system works quite well&period;&nbsp&semi; When politics or white-collar crimes are involved&comma; the system can be very unfair and corrupt&comma; indeed&period;&nbsp&semi; Biases exist at every level of law enforcement&period;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">We do not operate under the rule of law because enforcement and judicial decisions are made by people with biases&period;&nbsp&semi; Police can make an arrest and not make an arrest&period;&nbsp&semi; Have you ever been stopped by police for speeding and have the officer &ldquo&semi;give you a pass&quest;&rdquo&semi;&nbsp&semi; The law did not rule&period;&nbsp&semi; Prosecutors call it &ldquo&semi;prosecutorial discretion&rdquo&semi; when they decide who to indict and who to let walk&period; Those decisions are not based on law&comma; but personal perspectives and considerations &ndash&semi; and all too often on political biases&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Law professor Alan Dershowitz states that a well-funded and determined prosecutor can find evidence to pursue a criminal case against anyone in America&period;&nbsp&semi; Yes&comma; anyone&period;&nbsp&semi; That is worth elaborating upon&period;&nbsp&semi; It means that you and I could be indicted for criminal activity if a prosecutor were willing to dig deep enough and spin the evidence&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Spin the evidence&quest;&nbsp&semi; Yep&excl;&nbsp&semi; In many cases&comma; crimes and the evidence are matters of perspective and interpretation&period;&nbsp&semi; Anyone who has sat through a court procedure&comma; hearing the opposing arguments&comma; will understand that dynamic&period;&nbsp&semi; If the law ruled&comma; how is it that crimes in different courts and different jurisdictions get extremely different results&quest;&nbsp&semi; Often&comma; two people committing the same crime together get different verdicts&period;&nbsp&semi; One can be convicted and one can be acquitted&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">In many cases&comma; the claim of a crime can be very subjective&period;&nbsp&semi; For example&comma; I once needed a loan to start a business&period;&nbsp&semi; I presented the bank with my business plan which showed an estimate of revenues and profits which were very good&comma; indeed&period; That is true of every business plan ever submitted to a lender&period;&nbsp&semi; Unfortunately&comma; things did not turn out as I had hoped&period;&nbsp&semi; I lost the business and the bank lost the loaned money&period;&nbsp&semi; This happens to banks every day&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">But&comma; what if an aggressive Horist-hating prosecutor decided that I had defrauded the bank by giving false information&quest;&nbsp&semi; Obviously&comma; the business did not produce the revenues I had proposed&period;&nbsp&semi; Prosecutors will tell you that it would all depend on my &ldquo&semi;intent&period;&rdquo&semi;&nbsp&semi; How could I prove my intent was honest and sincere if an aggressive prosecutor was stating that I lied to the bank and he used the outcome of the business as proof&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">When it comes to political matters&comma; it is even worse&period;&nbsp&semi; It does not matter if a prosecutor is a Republican or a Democrat if they are out to get you&period;&nbsp&semi; In Cook County&comma; Illinois &lpar;from whence I came&rpar; the Democrat machine prosecutors and judges will hang Republicans for jaywalking while overlooking vote fraud and other political crimes by Democrats&period;&nbsp&semi; During my days as head of or advisor to various civic groups in Chicago&comma; I have seen this corruption of the judicial system on a routine basis&semi; prosecutorial discretion trumps any concept of that highly touted rule of law&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Another corrupt tool of the prosecutors is nothing less than Mafia-like threats&comma; intimidation&comma; bribery and blackmail&period;&nbsp&semi; This is where they offer to &ldquo&semi;go easy&rdquo&semi; on a person if they &ldquo&semi;flip&rdquo&semi; and turn states&rsquo&semi; evidence against a bigger fish to fry&period;&nbsp&semi; They will even agree to not charge or guarantee minimum punishment to provable criminals&period;&nbsp&semi; Where is the rule of law in that&quest;&nbsp&semi; They literally stack as many criminal charges as possible&comma; suggesting many years of incarceration &ndash&semi; even beyond life expectancy &ndash&semi; to &ldquo&semi;cooperate&rdquo&semi; with the prosecutors&rsquo&semi; goal of nabbing a more prominent individual&period;&nbsp&semi; This has produced a crisis of false confessions and lies&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Apart from the legal chicanery&comma; there is another sad reality&period;&nbsp&semi; Even if you are innocent&comma; and even if the prosecutors cannot prove the charges&comma; they can destroy your life&period;&nbsp&semi; They have unlimited resources at their disposal to drag you through prolonged and costly hearings&period;&nbsp&semi; They can seize your private information&period;&nbsp&semi; They can destroy your ability to earn an income while subjecting you to costs beyond your capability to pay&period;&nbsp&semi; Unlike them&comma; you do not have access to the taxpayer vault to pay for your defense&period;&nbsp&semi; It has been reported that Rick Gates decided to cooperate with the Mueller investigation because he did not have the resource to fight&period; Michael Flynn&comma; it is reported&comma; offered to cooperate in order to exempt his son from the rule of law &lpar;meaning prosecution&rpar; and to reduce his exposure&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">If you want to better understand why Trump is so angry and frustrated&comma; consider this&period;&nbsp&semi; What if someone said you had put something in an expense account that was not proper &ndash&semi; maybe even accidentally&period;&nbsp&semi; Instead of being asked to correct the error&comma; a federal prosecutor was ordered to do a complete investigation of that mistake as an intentional crime&period;&nbsp&semi; And what if the investigators were told to use unlimited resources to not only prove that to be a crime&comma; but that they should dig in all directions to see what else they can uncover&period;&nbsp&semi; You would be tied down in judicial hell for years&period;&nbsp&semi; Your friends and business associates would be called to testify against you or risk punishment themselves&period;&nbsp&semi; Well &hellip&semi; you can see where this goes&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Over the years&comma; I have seen far too many injustices within our justice system&period;&nbsp&semi; I have seen too many times when the rule of law has been subverted to the rule of prosecutors and judges&period;&nbsp&semi; I suppose the next thing na&iuml&semi;ve people will come to believe in is the claim that all people are equal under the law&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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