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The last three years have seen a sea change when it comes to the rule of law. What was once considered to be ironclad has become a mere suggestion to be dismissed when those in power choose. While some would argue this has always been the case, it has never been as pronounced as it is now.
Charges Dropped Against General Flynn
The latest salvo in the assault on the rule of law came when the Justice Department dropped the case against former National Security Adviser Michael Flynn. It was a stunning move that unfortunately many saw coming.
General Flynn was fired by the Trump administration shortly into his tenure for lying about his communications with the Russian ambassador. He then lied to the FBI, something he later pleads guilty too.
Sadly, the dropping of charges against Flynn by the Trump Justice Department is not the only instance of the administration’s blatant disregard for the law. The administration has routinely defied the oversight powers of Congress which are firmly established in the constitution. The president this week put forward that he would only acknowledge the oversight of the Senate due to it being controlled by fellow Republicans.
Local Defiance
The flouting of the rule of law has reared its head on the local level as well. Across the country, defiant law enforcement officers have stated they will not enforce “shelter in place” orders set up by governors. Political grandstanding has been at an all-time high in the face of the quarantine.
Citizens have joined the fun as well. Numerous business owners have tried opening up shop against government orders. A woman in Texas was jailed when she opened her business and threatened to keep it open in defiance of the law. The Texas Supreme Court later ordered her release.
The actions of the Trump administration are not surprising. Trump’s inner circle has proven time and time again to be ignorant and dismissive of the law. What is mildly surprising is how Congressional Republicans have rolled over. The Republican Party has long been known as the law and order party. That is clearly no longer the case.
The Power of the Presidency
The power of the presidency has been growing incrementally since the nation’s founding. That growth exploded during and after World War 2. The September 11th attacks saw another massive expansion of presidential power.
During this entire period of growth, the presidency has always been checked by Congress. This was especially true when Congress was controlled by the opposite party of the president. The Trump administration has rejected this premise, brazenly ignoring the constitution itself.
Democrats in the House of Representatives saw this threat and executed their constitutional duty. The president was impeached for improper behavior in dealing with Ukraine, but also for defying the oversight powers of Congress. You can debate the president’s behavior in regards to Ukraine all day, but there is no defense of his defiance of Congressional oversight.
Senate Republicans gave their blessing to the president’s disregard for the law when they voted to acquit him of the impeachment charges. Only Senator Mitt Romney voted to impeach.
The Justice Department
Another troubling development is the politicization of the Justice Department under Attorney General Bill Barr. The Attorney General has frequently acted more as the president’s personal attorney rather than the country’s. Dropping charges against General Flynn is but the latest example.
With Congressional Republicans turning a blind eye to the executive branch, and the Justice Department failing under Barr, there are no checks on the presidency. We are left with but one option, and that is at the ballot box. That option is seemingly under assault as well.
Russian interference in the 2016 election is well documented at this point. The intelligence community has been fairly unanimous in their belief that the interference will be repeated this fall. If the election is tainted, and the final check on the executive branch is dissolved, then we will be facing an imperial presidency the likes of which this nation has never seen.