Law and Disorder

One of the most important reflections of a democratically elected country’s values are its laws. They are a social contract between its people, governing the rules of behavior and reflecting our principles to others. Built around these laws are the judicial systems, regulatory infrastructure and enforcement mechanisms that assure all people in the country that these values will be sustained over time, without prejudice or favor. Because prejudice and favor place doubts in people’s minds as to whether the laws (and their underlying values) apply to everyone.

Now we know that our legal and regulatory structure in the US has biases. Those with means have advantages over those without means. Those with historic racial and cultural advantages get to the starting line prior to others. But the laws of the country are not ignored and the government does not actively reflect values that are at odds with the laws of the land. Until now.

For nearly four months, we have experienced our nearly Orwellian example of a government that embraces the phrase ‘law and order’ while actively countering the law. It began on day 1 of the current administration with the gross misuse of the pardon authority vested in the president – applying that authority to over a thousand convicted criminals arrested for their actions (many violent) on January 6, 2021 in our nation’s capitol. That same pardon authority was applied to 23 people convicted of harassing and attacking patients at abortion clinics. Most recently the pardon authority was granted to an unrepentant woman in Nevada who raised money for a statue to honor a slain police officer, only to use that money for rent, plastic surgery, and her daughter’s wedding. The message – these illegal and sometimes violent actions are OK, as long as the President says so.

There are other ways laws are nullified and held in abeyance in this administration. Regulatory agencies, and most importantly their enforcement arms, are being dismantled and hollowed out. Where are the biggest cuts in the Education Department? – regulatory compliance and civil right enforcement divisions. Employees of the Consumer Financial Protection Bureau have been locked out – allowing banks to regulate themselves and leaving consumers in the lurch. Elon Musk has personally benefitted from the Trump Administration’s control of the regulatory enforcement mechanisms, with regulatory actions halted against his numerous companies (as that $250M contribution to the Trump campaign needs to get a return on investment). And President Trump’s own financial interests play into the Justice Department’s elimination of the the crypto enforcement unit (just when his own memecoin is being used to trade for access to the President).

The final way that this administration reflects a disregard for our values is their use of government authority to settle petty grievances. Miles Taylor, a former Homeland Security official in the first Trump administration, has drawn a Justice Department investigation – largely for opposing Trump and his policies publicly. Chris Krebs, Trump’s Cybersecurity expert in his first administration, is being investigated, largely for his assertion that the 2020 election was not a fraud. President Trump has threatened big law firms that have opposed his policies (not for breaking the law), some caving to his threats while others have stood up and fought him (successfully) in court. None of this is about upholding the law – it is about weaponizing the levers of power for personal interest.

A bedrock principal of our legal system is the even application of the law, without fear or favor. American values are not founded in pettiness and grievance. Our laws are not created as performative acts, subject to political vagaries.

And the national disgrace continues…