What Exactly is Legal vs Illegal?

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I am a simple-minded person.  I tend to see things in their easiest form, rather than their most complicated.  This approach has served me well over the years, as the simplest solution tends to be the most correct.  But, based upon current events, I may need to re-evaluate my process.  Let’s dig.

In a simple world, there is a very clear demarcation between legal and illegal.  The highest order of law in the United States is the US Constitution.  Any law that does not conform to Constitutionality is an illegal, unenforceable law.  Next, we have Federal law—those items that passed both the House and the Senate, and either was signed into law by the President at the time, or the Congress had enough votes to override that President’s veto.  Next in the legal pecking order isn’t considered ‘law’ at all—rules and regulations adopted by Federal agencies.  This is referred to as ‘Administrative Law’, meaning the rules and regulations, even though they never passed a vote of Congress, have the force of law.  Most IRS, BATF, FCC, FAA, and similar agencies, have general Congressional approval of their main purposes, but not the details.  Next in line:  State and local laws.  Most of these laws are passed by the legislature of the applicable State, then signed into law by the Governor of that State.  Local laws can be as granular as zoning regulations, HOA rules, and the like.  But one thing all of the laws above have in common:  they are written down SOMEWHERE official.  Just so we know what law we broke if we do.  Violate any of the different levels of law (or Administrative Law), a person should know what the specific law is, and what the likely punishment for that specific law is.  Justice is supposed to be evenly administered, without any special consideration for who broke the law.  Justice is blind, meaning all folks get the same treatment, regardless of any of their attributes (gender, religion, political party, age (mostly), income level, etc.).

I no longer trust the outline mentioned above.  It is quite obvious that Justice is no longer blind at all—in fact, she can tell many things about you, tailoring your treatment in the legal arena.  Don’t believe me?  Here are some examples of special treatment of the legal community:

  • President Trump gives a fiery speech.  Some small percentage of folks decide to storm Congress.  Not a single phrase of Trump’s speech is specific to inciting illegal behavior.  Yet Trump has impeachment proceedings brought against him. This protest is labelled an ‘insurrection’, yet not one person attempted to seize control of government.  Not one building burned, not one hostage taken.  The only fatality was someone (unarmed) shot by Capitol Police.  Four months later, Rep Maxine Waters calls for ‘violence in the streets’ if a court case doesn’t go her way.  No charges of any kind are brought against Ms. Waters, even though her rhetoric is MUCH more direct and inflammatory than whatever Trump said.
  • General Michael Flynn gives a statement to the FBI.  Unbeknownst to him, it is considered an interrogation.  They somehow convinced him that counsel need not be present during this ‘interview’.  Flynn is charged with ‘lying to the FBI’.  James Comey, in testimony to several Congressional hearings, lies repeatedly.  No charges.
  • The altercation at the Capitol in January, following Trump’s speech?  Several people have been arrested, and a few are still jailed, awaiting trial.  Meanwhile, several cities saw riots, arson, mayhem, and looting last summer (including Washington DC).  No charges.  In fact, many mayors and Governors gave stand-down orders to the respective police departments.  Literally BILLIONS of dollars in damages, but they are labelled as ‘mostly peaceful protests’.
  • President Trump has a phone conversation with the President of The Ukraine.  That conversation, supposedly private, is grounds for another impeachment.  Trump even releases the transcript of that very phone call.  No matter—the impeachment passes the House on party lines.  Sanity came into play in The Senate, as only one Senator, Mitt Romney, votes against party line, and against the President.  Note that the articles of impeachment do not mention a single criminal act.  In the meantime, former Secretary of State John Kerry, as a private citizen, lobbies against President Trump with officials in Iran.  Now, as ‘US Special Presidential Envoy for Climate’ (whatever that is), apparently divulged secret information of both the US and our ally Israel, to Iran.  As of this writing, no charges have been brought.
  • All Congressmen take an oath of office to protect and defend the US Constitution.  Yet the House just passed a bill attempting to grant Washington DC Statehood.  It specifically states in the Constitution that the District should NOT be part of a State, to avoid giving that State undo political preferences.  This bill is blatantly unconstitutional, yet it PASSED the House!  Does Constitutionality no longer matter at all?
  • Hunter Biden had a laptop.  When he took it in for service, the PC shop kept a copy of the hard drive.  In that copy, are supposedly oodles of evidence of criminal wrongdoing, from money laundering to child porn.  No charges.  In fact, Mr. Biden lied explicitly on his handgun application, yet he is a free man.  Rep Anthony Weiner also had a laptop problem:  he had MANY secret and top secret memos and emails from his wife, Huma Abedin, who worked for then Secretary of State Hillary Clinton.  The FBI has both the Biden and Weiner laptops, but no criminal charges have been made to either person.

So, with all of the above happening within a calendar year, one must ask:  what exactly IS illegal?  It appears that if one is on one political side, he or she can do no wrong; those on the other side have no such immunity. Note that if laws are whimsically administered and enforced, they really are not laws at all.  They are just the  means to disrupt and punish political opponents.  And at that point, we stop being a nation of laws at all.


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