
Rudi Guiliani and co-counsel Jenna Ellis 2020
The United State's Marxist Democrat Party
proves the adage the socialism arms, and deploys, all the arms and powers of
the State in its cause. The cause, George Reisman tells us, is "the
government's economic plan [which] is part of the supreme law of the
land." The economic plan relies
on collectivist Social Justice and its unattainable parent Cosmic justice, and this lies behind the current degradation of the rule of law in the US which is being substituted
by political will.
Social and
Cosmic Justice eliminates and supersedes justice based on the rule of law and
the rights of individuals. The Marxist spawn of Critical Race theory eschews
and denounces the present legal and constitutional system and has its terms
like "White Privilege". George
Reisman says that 'white privilege' is a term that bamboozle[s people] out of
paying attention to and valuing the concept of individual rights..' leaving
them with a "nebulous and highly destructive concept of white privilege.
He adds: "The very concept of privilege implies injustice."
Rights justice
and equality according to the law is under serious attack in the USA by the
imposition of political will. Mr Giuliani’s suspension from the New York bar exemplifies the arbitrary nature
of the weaponising of justice for political
ends and is effected by the imposition
of political will.
The degradation
is not new for 2021 but has gained greater traction under the Biden Administration. A series of cases over time from Democrat
prosecutors, let alone the Trump impeachments, have shown prosecutorial
overreach the Enron fracas and Arthur Andersen (see the 2019 transcript
https://www.foxnews.com/transcript/sidney-powell-on-robert-muellers-poster-boy-for-prosecutorial-misconduct).
The Russian Collusion Bot/Troll farming cases-without crimes- against two
Russian corporations (US v Concorde Marketing and Consulting LLC and
Concorde Catering LLC); The cases, along with 'Bridgegate' (Kelly
v US no 18-1059 decision of the US Supreme Court on 7 May 2020 in favour of
the appellants' Ms Kelly and Mr Boroni,) have been, like Arthur Andersen
ones of an indictment looking for a crime. Lt General Flynn is the last in a
line of politically inspired shonky prosecutions: ( see my earlier article: https://viamedianz.blogspot.com/2020/05/the-ham-sandwich-nz-hate-speech-law.html).
Mr Giuliani
now joins the list.
Rudy
Giuliani has had his lawyer's license suspended for a statement made on
television about the 2020 election. He had
earlier in the year been subject to a
FBI search and seizure at his home. Previously, New York bar members who aided
in cases after the election were threatened with disbarment a sitting Democrat
House of Representative's member, Bill Pascrell.
Michigan
Governor Whitmer had threatened the disbarment of lawyers as well. Politicians
calling for disbarment is not appropriate as it arguably breaches the
separation of powers and is a matter for the Courts to address. We are a long
way in time from the Star Chamber.
Jonathan
Turley on his legal blog noted that: "Such calls have become commonplace.
Indeed, during the impeachment trial of President Trump, North Carolina Law
Professor Michael Gerhardt predicted that the entire Trump legal
team would be disbarred after their representation of the
President."
The right to
counsel is a fundamental protection of citizens from the arbitrary exercise of
the power of the state.
The due
administration of justice in New York State and city seems to have problems
with the political weaponising of the legal system. New York State's,
Democratic Party elected Attorney General, Letitia James, stood on an election
platform of sending Mr Trump to jail, before even looking at any evidence.
A
predetermination that someone is to go to jail before a case has been
investigated and an indictment laid,
speaks
loudly of arbitrary process and breach of natural justice in terms of bias.
The
Manhattan DA, Mr Cyrus Vance has spent four or five years
in the scurrilous chase of an indictment looking for a case and crime in Trump
entities. 100 subpoenas (the number is prima facie oppressive), 3 million pages
of documents, expansion of the DA's office staff and all that can be scraped up
are some fringe benefits to staff and the CFO. The cost of the investigation
would probably exceed the amount of tax in issue.
Apparently,
this has not met with the DA's vision.However, it is the State's A-G vision who has sued Mr Trump during his presidency some 70 times and stood on a platform of getting Mr Trump convicted. Under the rule of law, neither should never
have had a predetermined vision but they had the blurred vision of political will
instead.
One of Mr
Trump's lawyers has been under attack. Mr Rudy Giuliani's licence to practice
law has been suspended and falls within the context of the political
witch-hunt. The attack and suspension is another example of the weaponising of
the law, as in the Flynn and Bridgegate cases and shows the
degradation of the rule of law where it is substituted by the imposition of
political will- the will of the party.
It is
pointed out that this is hypocrisy and that the Democrats have done similar
things and Hunter Biden's dealings and Hillary Clinton's email server. What is
lost sight of in the call of hypocrisy, which is a traditionalist's touching
call for fairness and equal treatment at law but the rules of the game have
changed and the hypocrites do not care. Hypocrisy is the very point: It is about
power and the imposition of political will by emerging tyranny.
This is the terra
horribilis that Mr Giuliani now finds himself in.
Professor
Alan Dershowitz takes the traditionalist line and sets out the position adding
a warning:
I taught
legal ethics for, I don't know, 35 years at Harvard Law school. I think of
myself as a leading expert on legal ethics. I've never ever seen a case where a
lawyer was essentially disbarred … without a hearing," Dershowitz
outlined. "I mean, the most basic concept of due process is you don't
deprive somebody of his living, of his freedom, of his ability to work without
a hearing. And then the criteria under which they suspended his law
license is so vague. It says in the course of representing a client, a
lawyer shall not knowingly make a false statement of fact or law to a third
person. In other words, if he goes on your show, or he goes on my podcast, or
he goes on Fox or anywhere else, and he makes a statement which turns out to be
false, and he had reason to believe it was false, he could be disbarred. Do you
know how many lawyers we'd have left if we applied that standard across the
board? … We have case after case after case where prosecutors, defense
attorneys, lawyers of every kind, have made statements … which turn out to be
untrue, and they're never disbarred. And certainly not without a hearing. And
so, this is a first. … The atmosphere is such today that if you defended
President Trump in any way, they're out to get you. And they're certainly out
to get Rudy Giuliani."
"The
idea of holding lawyers to this standard of truth-telling when they're on
television is a whole new ballgame. It will chill free speech. It will chill
advocacy," he added.
Host John
Catsimatidis asked if the words "equal justice for all" are dead.
"I
think they are mortally wounded," Dershowitz replied. "I don't think
we're seeing equal justice for all. I think we're seeing selective justice. … When a prosecutor runs for office, like
the attorney general of New York ran for office on the promise that she will
get Donald Trump, is that equal justice?
Or is that show me the man, and I'll find you the crime?"
(emphasis added; see Link below)
'Mortally
wounded' ultimately means leading to and causing death. Professor Dershowitz adds that this is an
ominous precedent because anyone can become a target.
A salient
point to note is that the Democrat Party has the greatest number of lawyers in
its ranks of any US party. The rule of law and the rule of lawyers are clearly
two separate things. I have seen this with an NZLS Branch and it is chilling to
see the derogation from legal norms. Like socialists and communist lawyers
think in abstractions and humanity and decency dies in abstraction.
Robert
Mueller's and Andrew Weissman's treatment of defendants in Arthur Andersen
was illustarted by Sydney Powell in her address to Hillsdale College
in 2020 on the erosion of the rule of law (see: link below). The present US
Deputy A-G, Lisa Monaco was also lead counsel in the Mueller Team.
The US is in
the process of a slow cold coup by its elected government. Yet, arbitrary
use and abuse of power- legal power- is more likely to bring about revolt as it
did in 1776. We are hard wired for
fairness: it is not a social construct.
Addenda: The Mark Levin Show for 1 July 2021 played segments from the lawyers for Trump entities and the CFO about the unprecedented- it is without legal precedent- nature of the prosecution, which rightly is normally a civil matter. Mr Giuliani's case falls into the unprecedented as well.
Graham Hill
MA (Hons) LL.B (Hons)
Nelson, 2
July 2021
Links:
https://www.breitbart.com/clips/2021/06/27/dershowitz-on-giuliani-law-license-suspension-equal-justice-for-all-mortally-wounded/
https://www.youtube.com/watch?v=LTV1Y_QuZOM