We live in perilous times, and the risks have increased over the past 10 years. We now have the dilemma of fake news and are challenged to teach our children how to recognize it. We barely survived four years of Donald Trump’s presidency with his flagrant disregard for established good-government norms.
While Trump was impeached two times (the first for trying to convince a foreign leader to investigate his political opponents and the second for inciting the January 6 riot at the Capitol), the Senate did not convict him on both occasions. Now we have to live with the aftermath of those colossal failures.
Speaking of the riot, while members of Congress were in great danger and declared immediately after the experience that there had to be consequences, many of them now have accepted that adherence to Trump’s version of the event serves their political future.
Some are now claiming that the riot was just excessive enthusiasm of tourists, ignoring the reality that the peaceful transfer of power was at stake. Actually, our system of democracy was challenged, and due to election deniers, it still is. Peril is now our nation’s middle name.
Our Legal System Under Attack
My subject is our legal system. Add to my description of the present state of our governmental system that Trump, during his presidency, filled our courts with Federalist Society nominees who now are part of the judiciary. This includes three Supreme Court Justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—who form a solid conservative majority on the Court at a time when our very democratic soul is in jeopardy.
Still, we are blessed with a legal system, with judges and prosecutors and patriotic citizens who are saving us from this desperate situation. Let’s start with the 60-plus lawsuits which claimed there was election fraud in the 2020 presidential election.
At a time when an avalanche of lawsuits claimed that the election was fraudulent and the outcome of the 2020 presidential election was challenged in multiple states, federal and state judges dismissed the challenges for lack of evidence, non-existent causes of action, and frivolous lawsuits case after case. The judicial system survived the challenge and restored our faith in the rule of law.
The January 6 riot occurred, and there were consequences. There have been over 1,200 indictments, more than 500 convictions, and many of the perpetrators are now sitting in prison. While Trump himself has so far avoided being convicted for his role in these crimes, he has been indicted.
Absolute Immunity?
Trump claims that he is entitled to absolute immunity for any and all crimes he committed during his presidency. This issue remains to be resolved. The argument on this issue is being heard today, April 25, 2024.
This issue will be decided by the U.S. Supreme Court, which, as I mentioned above, is now enjoying a conservative majority, three of whom were Trump’s appointees. You are justified in being concerned about how this question will be resolved. SCOTUS is now at the lowest level of citizenry respect in my lifetime. We will see where this goes.
Our Judicial Giants
Here is what should also be mentioned about our judiciary. The pending cases are being heard by judicial giants, judges who deserve our highest respect and gratitude. I am referring to Judges Lewis Kaplan, Arthur Engoron and Tanya Chutkan. The hush-money election interference case is on trial this month before Judge Juan M. Merchan. We are in good hands.
Trump has declared that these judges are denying him justice, but they are doing their jobs under difficult circumstances, with considerable personal risk, and they are in command of their courtrooms. Trump can stamp his feet, stare at them with contempt, and send strident message after message to his many followers, but the judges are in charge and they are delivering justice.
There are also other judges, like Judge Scott McAfee in Georgia, who are dispensing justice in their courtrooms. I have watched how he handles the hearings, read his rules for procedure in his courtroom, and poured over the motions filed before him and how he has decided them.
I saw him sentencing the four defendants who pled guilty in the Georgia RICO case. While he has not been on the bench for many years (or even many months), I admire his calm reflection on the issues and his fairness in conducting the proceedings.
The Prosecutors, Plaintiffs and Jurors
None of these cases would have been possible without competent prosecutors. Once again, we have to be grateful that they are at their posts, exercising their prosecutorial discretion, negotiating guilty pleas, conducting trials and getting convictions, while displaying legal acumen and good judgment.
I should also mention the plaintiffs.
I never heard of E. Jean Carroll before she joined the rank of heroes, people who have faced danger and performed under pressure. At great personal risk, and after years of delay, she defended herself. And she did so gracefully.
Add to the list the lawyers representing these plaintiffs. They are also in the trenches, doing their jobs and protecting our democracy.
The characters in this drama who are entitled to our highest form of admiration are the jurors, the ordinary citizens who perform their civic duties. They do so anonymously because they are also accepting risk to preserve our democracy.
Think about this for a moment—In the two trials Carroll brought, 18 ordinary citizens stepped up, answered the call, and sat through the two trials. They unanimously found that Trump was liable for defamation and sexual assault. They acted with great courage; they deserve our acclaim; they are unknown, but they will not be forgotten.
Hooray for our legal system, and God bless America and those who are preserving its greatness.
This MFP Voices essay does not necessarily represent the views of the Mississippi Free Press, its staff or board members. To submit an opinion for the MFP Voices section, send up to 1,200 words and sources fact-checking the included information to azia@mississippifreepress.org. We welcome a wide variety of viewpoints.
