As a general rule in politics and public policy, I recommend applying one’s principles as consistently as possible. If, say, you want the federal government to indict your political opponents on some vague charge and then complain about the “weaponization” of the justice system while you or your allies are in the dock, it’s hard to be taken seriously. Just saying.
One of the warnings I often give to those on the left or right advocating for new laws, tighter regulations, and expanded powers of police agencies is: first consider how those powers might end up in the hands of the enemy. Many “well-intentioned” laws have been twisted in ways the authors never foreseen. Sometimes the cause is nefarious, sometimes it’s the result of bureaucratic laziness.
During the war on drugs in the 1980s, the U.S. Department of Justice enacted civil asset forfeiture laws, which authorized the government to seize the property of drug cartels. It quickly became a means for police agencies to steal cars and cash from ordinary Americans, many of whom were never convicted or charged with a crime. For years, the criminal justice reform movement has tried to reform these and other unjust laws, but the government has been alarmingly resistant to change.
But perhaps the movement is ready to welcome a large group of Americans previously uninterested in the inner workings of the justice system. Now that former President Donald Trump is a convicted felon and faces additional state and federal charges in various indictments, the “Make America Great Again” movement suddenly finds itself confronted with politicized prosecutions, an inequitable justice system, and The crime of fear of police abuse of power. MAGA hasn’t gotten the necessary points yet, so I’m elaborating for them.
Before Trump emerged on the political scene, a new national consensus was emerging about the criminal justice system. The issue of forfeiture has become a bipartisan concern in light of its abuses. Liberal groups have long complained about police abuse of power, but prominent conservatives are also increasingly realizing that bad policing costs taxpayers a lot of money and undermines good policing. Incarceration levels and costs have soared, providing impetus for change.
However, Trump’s 2016 election polarized voters. The excesses of Black Lives Matter and defund the police have added to the rigidity of the battle lines, especially in the wake of protests and riots sparked by the death of George Floyd in Minneapolis. COVID-19 hits and crime rises. Conservatives are all in to “support the badge.” We find ourselves in the same old place, with little room for bipartisanship.
Trump’s comments made matters worse. At one point, he joked to a group of police officers that they shouldn’t protect suspects’ heads when putting them into police cars. He now denies this, but Trump appeared to encourage the crowd to chant “Lock her up,” referring to Hillary Clinton. It’s hard to count the number of officials MAGA supporters want to target, with U.S. Rep. Marjorie Taylor Greene’s (R-Ga.) comments about Anthony Fauci being the latest example.
Mueller’s report “shows Mr. Trump’s attempt to use law enforcement powers to target political opponents, a step no known president has taken since Richard M. Nixon.” New York Times concluded. But that was then and this is now. As Trump feels the sting of the jury (albeit following a local indictment rather than a federal indictment), perhaps his staff will reconsider their inconsistencies. Hope never ends.
The antidote to so-called political prosecutions is to limit prosecutors’ ability to create novel and political interpretations of relevant statutes. The goal is to reduce their power so they can’t do this to anyone, but Trump and his supporters just don’t want that to happen to them.
“It’s time for the red state AGs and DAs to get busy,” U.S. Rep. Mike Collins posted on X, ABC News reported. It pointed to other Trump supporters, including calling out Republicans Conservative commentator Charlie Kirk, who “sued the left,” and Donald Trump Jr., who called on Republicans to “fight fire with fire.” It’s like they only care about justice when they’re on the receiving end of it.
recent reason The column lamented the failure of justice reform in some red states: “Several Republican-controlled state legislatures claiming to deal with rising crime rates and the excesses of progressive reformers have not only reversed progress but also rolled back key reforms: increasing Imprisonment sentences, limits on parole and probation, limits on charities that pay bail for offenders, limits on district attorney discretion, and weakening civilian police oversight boards.
So, of course, there is no evidence that Trump and MAGA want to reform the justice system and continue to address their concerns about Trump’s prosecution. They seek revenge after following the pain of their dear leader. But there’s always time to learn the right lessons. When they do, I will be the first to welcome them to criminal justice reform.
This column first appeared in the Orange County Register.
