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The Rule of Law

By   Follow Me on Twitter     Message Robert B. Reich       (Page 1 of 2 pages)     Permalink    (# of views)   4 comments

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From Robert Reich Blog

From youtube.com: The Rule of Law Pushes Back {MID-328102}
The Rule of Law Pushes Back
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Democracies depend on what's known as the "rule of law." It's based on three fundamental principles. Trump is violating every one of them.

The first is that no person is above the law, not even a president. Which means a president cannot stop an investigation into his alleged illegal acts.

Yet in recent weeks Trump fired Attorney General Jeff Sessions, who at least had possessed enough integrity to recuse himself from special counsel Robert Mueller's investigation into Trump's possible collusion with Russia in the 2016 election, and replaced him with an inexperienced loyalist hack, Matthew G. Whitaker -- whose only distinction to date has been loud and public condemnation of the investigation. As a conservative legal commentator on CNN, Whitaker even suggested that a clever attorney general could secretly starve the investigation of funds.

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There's no question why Trump appointed Whitaker. When asked by the Daily Caller, Trump made it clear: "As far as I'm concerned this is an investigation that should have never been brought. It should have never been had... It's an illegal investigation."

The second principle of the rule of law is a president cannot prosecute political opponents or critics. Decisions about whom to prosecute for alleged criminal wrongdoing must be made by prosecutors who are independent of politics.

Yet Trump has repeatedly pushed the Justice Department to bring charges against Hillary Clinton, his 2016 rival, for using a private email server when she was Secretary of State, in alleged violation of the Presidential Records Act.

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During his campaign, Trump led crowds in chanting "lock her up," called Clinton "crooked Hillary," and threatened to prosecute her if he was elected president.

After taking office, according to the New York Times, Trump told White House counsel Donald McGahn he wanted the Justice Department to prosecute Clinton. McGahn responded that Trump didn't have the authority to do so, and such action might even lead to impeachment.

Yet Trump has continued to press Justice Department officials -- including Whitaker, when he served as Sessions's chief of staff -- about the status of Clinton-related investigations.

Never mind that Trump's senior adviser and daughter, Ivanka Trump sent hundreds of messages on her private email server to government employees and aides that detailed government business, policies, and proposals. Or that other Trump officials have used their private email to conduct official business as well.

Breaking the rule of law doesn't require consistency. It requires only a thirst for power at whatever cost.

The third principle of the rule of law is that a president must be respectful of the independence of the judiciary.

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Yet Trump has done the opposite, openly ridiculing judges who disagree with him in order to fuel public distrust of them -- as he did when he called the judge who issued the first federal ruling against his travel ban a "so-called" judge.

Last week Trump referred derisively to the judge who put a hold on Trump's plan for refusing to consider asylum applications an "Obama judge," and railed against the entire ninth circuit. "You go the 9th Circuit and it's a disgrace," he said. He also issued a subtle threat: "It's not going to happen like this anymore."

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Robert Reich, former U.S. Secretary of Labor and Professor of Public Policy at the University of California at Berkeley, has a new film, "Inequality for All," to be released September 27. He blogs at www.robertreich.org.

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Paul Cohen

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I never expected much rule of law from Trump - or from the GOP. For years they seemed like crooks who treated the law without much respect. But from law Professor Obama I did have high hopes. Unfortunately that was not what we experienced.

Instead, Obama said we should look to the future not to the past and overlook the obvious need to enforce the rule of law to the Bush administration that preceded him or to the bankers who pushed lie-er loans on people who could not afford them and then lied yet again to buyers of packages of these bad loans. Rather than prosecuting these acts he bailed out the offenders and made it easy for them to profit handsomely from their enormous misdeeds.

Yes, we need to return to the rule of law but not to a one-sided rule of law.

Submitted on Friday, Nov 23, 2018 at 3:16:41 PM

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Eddy Schmid

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How man times must it be said ? There IS NO RULE OF LAW, when it comes to the 10% ruling America, and there is most certainly only ONE Rule of Law when it comes to World affairs, and that is EVERY NATION MUST ABIDE BY THE RULE'S OF LAW that the U.S. Administration lays down from time to time.

The U.S. Administration it'self,is NOT obliged to abide by those same laws.

Just the Facts folks.

Submitted on Saturday, Nov 24, 2018 at 8:08:11 AM

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BFalcon

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Obama thought that he should not start a precedent of prosecuting political opponents when they are out of power and you are in.

Perhaps good thinking but he was wrong.

He should not have led the prosecution but should not have opposed it either.

That is the point of the rule of law.

Submitted on Sunday, Nov 25, 2018 at 2:02:02 PM

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Reply to BFalcon:   New Content

Nicely said.

Submitted on Sunday, Nov 25, 2018 at 3:37:59 PM

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