House Majority leader, Mike Johnson, and Donald Trump are pushing hard the idea that our court system and law enforcement treat Democrats differently than Republicans. The current buzzword is a “two tier system.” This is all a lot of political rhetoric. If Donald Trump had won in court, you would hear a lot of praise for our judicial system. He would be doing a victory lap right now, on how the jury had exonerated him.

Representative Maria Salazar of Miami compared the trial that Donald Trump got with those in communist countries like Cuba where you are guilty until proven innocent. Representative Matt Gaetz was so angry at the FBI, that he suggested shutting it down. But, I didn’t hear any real protest when the FBI executed a search warrant on President Biden’s homes.

I will readily admit that our judicial system is far from perfect. But, rich defendants have a lot better chance of either beating the system, or getting off with light sentences than poor people. The sort of defense that Senator Bob Menendez, Donald Trump, Hunter Biden or Steve Bannon can mount is far more than the average citizen. It is of course, a lot more expensive. Yes, I would like to be in the tier of the very wealthy if accused of a crime. The rich man’s tier is second to none.

It never hurts to bring a big loudspeaker to court. By this, I mean social media or even better cable network stations to court. This is where Trump and most recently Steve Bannon have blasted the judicial system. Bob Menendez and Hunter Biden have also been interviewed multiple times, so they can sort of plead their case to the public.

In Senator Menendez case, it really helps that he is a sitting Senator, as some of the very important evidence against him, will not be presented to the jury, because of Congressional immunity. A sitting president and cabinet officials may not be indicted for civil crimes committed as part of their official duties. A good case of this was a lawsuit launch against Hillary Clinton, as Secretary of State, claiming she had neglected her responsibly in the death of a military serviceman in Libya. The lawsuit never went to court because she had immunity.

So, we have an imperfect law enforcement and judicial system. It has improved immensely over the last 50 years. The integrity of our court system and the safety of law enforcement officers comes above all other considerations, so both Steve Bannon and Donald Trump are wrong to say the courts are attempting to silence them. They have placed restrictions on their public statements. They can not attack, the families of judges or employees of the court. This is exactly what Trump did during the business fraud case.

It is easier for some to get a fair trial. If your English is poor, and need to rely on a public defender, you are at a disadvantage. Your prior arrests and convictions can be introduced into evidence. Also, being male and young should not matter, but it certainly can factor into a jury’s thinking. I don’t think being either Republican or Democrat is a particularly strong factor. The judge in Trump’s trial, reminded the jury to find the defendant guilty or not guilty solely on the evidence presented in the courthouse. A judge has tremendous authority to dismiss a case where the evidence is lacking or severely compromised.

“Innocent until proven guilty,” is told to every jury. It is true that criminals are often found innocent, because the evidence was mishandled or is conflicting. When the Supreme Court ruled that every defendant was entitled to an attorney, President Nixon strongly criticized this decision as a tough law and order philosophy. Miranda rights are being cut back, by the Supreme Court. See link at end.

Where the evidence is strong, it essentially overrides all of the prejudices. What really convinced the jury of Trump’s guilt was likely the documentary evidence. His trial was mostly what is in emails bank deposit statements and signed checks.

Society has a certain urgency to lock up violent offenders, particularly if they just arrived from our southern border. I am very glad that for DNA evidence, which can be used to exonerate and well as convict someone. There are a number of cable network shows, which highlight people who have been incarcerated on weak evidence. Everyone convicted of a crime has the right to an appeal. This is another safety check, helping to ensure equal justice.

I am reminded of a cartoon of a judge telling a defendant, “Crime does not pay, at least at your level.” Crime is apparently profitable. Steve Bannon, just 24 days before he has to go to prison, is plugging his podcast station and claiming to be the victim of partisan persecution and a violation of his free speech rights. He’ll be back in court in September on fraud charges, accused of pocketing the money for the private charity of “Build the Wall” which by the way, built nothing.

Donald Trump, claiming to be a victim of (let’s count) Manhattan DA, E. Jean Carrol (defamation victim), judge Engoron (business fraud) and the special prosecutor, Jack Smith, and of course, the DOJ, FBI and Joe Biden, raked in 52 million dollars following his guilty verdict in the the hush money case. I have to include Michael Cohen made 4.4 million dollars on his book and public appearances, after his conviction. Of course, Hunter Biden also wrote a book, which likely is selling quite well.

What ultimately matters, is the hard evidence against the accused. No expensive defense team can win, when the testimony collaborated with documents or other evidence points to guilty.

Stay tuned,

Dave