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UNEQUAL JUSTICE

One of the hallmarks of the American legal system is the concept of equal treatment under the law for all those accused of a crime.  “Designed by famed architect Cass Gilbert, the U.S. Supreme Court Building’s west façade bears the phrase ‘Equal Justice Under Law’…(t)he phrase ‘Equal Justice Under Law’ traces its origins all the way back to the end of the Peloponnesian War at about 404 B.C.E. At the time, the renowned Greek general Pericles gave a famous speech in which he stated: ‘If we look to the laws, they afford equal justice to all in their private differences’…(e)quality and justice should not only complement each other, but also serve the same purpose. Equality and justice both represent egalitarianism and fairness. Without equality, true justice cannot exist; and without a way to deliver just verdicts that ensure impartial treatment, the meaning of equality is nothing more than an unenforced altruism.” 

This concept was enshrined in the 14th Amendment to the United States Constitution, which states that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” 

It is also instructive to remind the reader of the wording of the 8th Amendment to the US Constitution; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” 

Despite these noble sentiments, equal justice is not being administered to a particular group of citizens.  These persons do not receive impartial treatment, and are being deprived of their liberty without due process.  They have also been subjected to cruel and unusual punishment, in most cases, while they await trial in jail, without the ability to post bond.  

Meanwhile, another group facing similar charges has received favorable treatment under the law, their charges being dropped, in most cases, with these persons spending a minimum amount of time under incarceration.

To whom do I refer?

A Portland Antifa rioter charged last year with assaulting police officers has had a federal case dropped after completing 30 hours of community service…Eva Warner of Beaverton, Oregon, who police said was also known as Joshua Warner, was charged in September 2020 with felony civil disorder… Portland Police said Warner directed a high-powered laser into the eyes of law enforcement officers trying to disperse the crowd. Warner resisted arrest, prompting officers to use force…(a) laser pointer was found on Warner.  Warner was booked into custody and charged with intentionally obstructing, impeding, interfering with law enforcement officers engaged in official duties but later released without bail. About a week later, Warner was arrested again and charged with second-degree criminal mischief in connection with another riot. Warner was again released from custody without bail. A week after that, Warner was arrested a third time in connection with yet another riot and charged with interfering with a peace officer and second-degree disorderly conduct. Warner was once again released without bail… Scott Erik Asphaug, acting U.S. Attorney for the District of Oregon, filed a motion Dec. 21, asking the court to ‘dismiss with prejudice the indictment against (Warner), in the best interests of justice.’ The motion noted that the defendant had performed ‘at least 30 hours of community service.’  The next day, U.S. District Court Judge Michael H. Simon dismissed Warner’s indictment ‘with prejudice,’ according to court documents obtained by Fox News.”   

A dismissal without prejudice means that the case against Warner cannot be restored.

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Contrast this lenient treatment of an individual arrested for rioting in the streets of Portland three times with this:

“’Capitol Punishment’ reveals the true story of Jan. 6, 2021, and the federal government’s stunning response…Cowboys for Trump founder Couy Griffin describes his experience in prison…’They put me in a cell by myself, total solitary confinement in a cell not much bigger than a walk-in closet…I don’t know how many times I heard the chants, ‘F Trump, F Trump, F Trump!’ And these are by guards that work there.’ Griffin said he was called derogatory names like ‘f***ing white cracker.’ He only had one interaction with the prison’s deputy warden, and his recounting of the story was haunting. ‘She leaned down to my cell, and she spoke through the little slot that they were feeding me through’…(a)nd she said, ‘The only job these guards have is to keep your chest moving up and down.'”

And what crime was Couy Griffin arrested for? “(A) commissioner of Otero County in southern New Mexico… Griffin has been charged with participating in the Capitol incursion and was arrested on Jan. 17 after returning to Washington from New Mexico… A Justice Department affidavit said that in a since-deleted video posted to the Cowboys for Trump Facebook page, Griffin said that during the incursion he ‘climbed up on the top of the Capitol building and … had a first row seat.’  That video also contained comments about his plans for Inauguration Day, according to the affidavit. ‘You want to say that that was a mob? You want to say that was violence? No sir. No Ma’am. No we could have a 2nd Amendment rally on those same steps that we had that rally yesterday’… (h)e later told FBI agents that there was ‘no option that’s off the table for the sake of freedom.'”

For these actions, which appear to amount to a trespass, Federal Prosecutors asked that “‘Griffin (be) held without bail…The defendant has taken ‘nothing off the table’ in pursuit of his aims to ensure ‘Biden will never be president.’ The defendant’s inflammatory conduct, repeated threats, delusional worldview, and access to firearms makes him a danger to the community,’ they said in a filing.”  Let us assume, for the sake of argument, that Griffin is dangerous, and that he should be held without bail.  How is Warner any less dangerous?  Warner was arrested three times for rioting in the space of less than a month, yet each time he was released without bond.  Why is Warner treated one way and Griffin another?

The Report Concludes Tomorrow

Photo: Portland riots (Pixabay)

Judge John Wilson (ret.) served on the bench in New York City.