ctrlp
Joined 9 years ago
Joined 9 years ago
Upon hearing these words, pqtyw was enlightened.
If you're talking about Orange Man Bad then he was, in fact, prosecuted, and it was a political own-goal by the Dems. Complete and total waste of time and resources for short-term political gains that never actually materialized. And it discredited the institution of impeachment forever. Well done.
It is 100% false that prosecuting current and former politicians strengthens law when we're talking above a certain low threshold of corruption. In those cases, it's up to the ruling class to police its own by using the legal code against low-level political figures and officials. The Chinese Communist Party operates this way more overtly but same principle. The incentive to do so is to strengthen the legitimacy of that ruling class, not because the law says you must.
According to the Law, you and I are committing "Three Felonies a Day". If the law were en vigueur then you and I and everyone else would be prosecutable 1984-style. It's at the whim of The Prosecutor to decide whether or not to pursue. Sound good to you? Me neither. The only thing stopping that is politics. When the political will is on the side of prosecution, then there will be prosecutions. We saw this with some heavy-handedness during the early days of the GWOT, 2020, Covid, hate speech legislation, many such cases.
The point being, interpretation of laws is a point of political conflict, often very sharp-elbowed. Even in the cases where laws are unambiguously stated (rare), there's still interpretation of the evidence, which doesn't happen in a political vacuum. Who would disagree?
You don't have to look far in history to see the abuse of the legal system in politics. Watergate is a prime example. Uninformed people think Nixon committed crimes and had to go. Anyone who spends just a little time looking at the details of that episode understands it as a political coup executed using lawfare. Whatever you think of Nixon's politics, the facts support that he was taken down by the anti-communist hawks in the defense establishment, largely in consequence of his opening up China. (The reasons were anti-USSR but given that China subsequently went from an agrarian backwater to a global competitor, one could debate whether they were right for the wrong reasons.)
Impeachment as a check/balance was just recently burned in Congress as a political tool to remove a sitting president. Extremely shortsighted. Or perhaps it just exposed it as a paper tiger. I thought it was burned when it was used against Clinton but it was only singed. Now it's completely discredited and no one will take it seriously ever again. That's the effect of abusing the law for political purposes.
What happened to the Roman Republic was overdetermined, but the Senate's threatened political prosecution of Caesar is historically understood to have been a motivating factor in his "crossing the Rubicon". If they hadn't threatened him with lawfare, would the Republic have survived a little longer? Perhaps.
Not only is it a category error, it is undesireable. Let them fight it out in the special realm of politics and leave our legal systems alone so we can enjoy their benefits.
And tell sad stories of the death of kings;
How some have been deposed; some slain in war,
Some haunted by the ghosts they have deposed;
Some poison’d by their wives: some sleeping kill’d;
All murder’d: for within the hollow crown
That rounds the mortal temples of a king
Keeps Death his court and there the antic sits,
Scoffing his state and grinning at his pomp,
Allowing him a breath, a little scene,
To monarchize, be fear’d and kill with looks,
Infusing him with self and vain conceit,
As if this flesh which walls about our life,
Were brass impregnable, and humor’d thus
Comes at the last and with a little pin
Bores through his castle wall, and farewell king!
Cover your heads and mock not flesh and blood
With solemn reverence: throw away respect,
Tradition, form and ceremonious duty,
For you have but mistook me all this while:
I live with bread like you, feel want,
Taste grief, need friends: subjected thus,
How can you say to me, I am a king?
"This is a good example of what I call the andelope: a breathless string of simple declarative statements linked by the conjunction 'and'. Like the 'evocative' slide-show and the Consumerland shopping-list, the andelope encourages skim-reading while keeping up the appearance of 'literary' length and complexity. But like the slide-show (and unlike the shopping-list), the andelope often clashes with the subject matter, and the unpunctuated flow of words bears no relation to the methodical meal that is being described."
I don't want to digress into Ancient Roman history but it's specious to argue that Caeser was only threatened after he broke the law. That's just not a plausible reading of history. It's well-established that crossing the Rubicon was the culmination of political conflict with the Senate, not the inception. Octavian would not have been in a position to end the republic if not for his uncle.
Impeachment is lawfare, of course. It is almost by definition a political act of parties in Congress. What could be more lawfare than that? Use the courts to attack your political enemies. Removal from office in a western democracy is "mostly peaceful" but I agree that removal from office is the solution with teeth. The parent post is about prosecuting former heads of state. That's 3rd world shit. At least in the 3rd world you would do that to remove a rival. Here it just seems to be vindictive. At best a shot across the bow of Sarkozy's patrons. If that's the motivation it's at least understandable. My objection is when people are propagandized to the point of being traumatized by political fights that have zero impact on their lives.
I don't believe terms like "fascists" have any meaning in the current political discourse and immediately suspect people who use that term casually. If half the country is fascist then we've really lost the plot. Nor do I think narratives about civil war are creditable at this time. The sectarian ingredients are not present in this country. Bringing it up is an appeal to extremes to discredit the vast middle ground.
What is the curriculum of that "basic civic education" campaign you propose should be completed? Sounds ominous.