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April 29, 2024

Asymmetric Justice

Obama weaponized the IRS to delay the organization of the Tea Party. Now Democrats have gone further.

By Mark W. Fowler

“If you are neutral in situations of injustice, you have chosen the side of the oppressor.” —Bishop Desmond Tutu

Whether or not one likes former President Trump, the astute observer notes the following: The allegations of “Russian collusion” are now known to be false. They originated with and were paid for by the Hillary Clinton presidential campaign and repeated by Democrats in official proceedings thereafter. These allegations led to FISA court search warrants to spy on Trump and his aides, and ultimately led to his impeachment. The Clinton campaign hired a law firm, which in turn hired an oppositional research firm that hired Christopher Steele. Steele made unverified salacious allegations about Trump. For this sordid activity, the Clinton campaign was fined $8,000 because the expenses should have been listed as opposition research rather than legal fees. District Attorney Alvin Bragg did not press charges. No one who made false allegations to the FISA court has been sanctioned.

Ms. Clinton as secretary of state had a computer server transmitting sensitive material at her house in violation of security regulations. While under investigation, her aides physically destroyed computer devices and erased 30,000 emails. No one was punished for this.

Bill Clinton lied under oath during the Monica Lewinsky investigation. He lost his law license temporarily but was not criminally prosecuted.

Special Counsel Robert Hur reported that President Biden had committed the elements of the crime of mishandling classified documents, including showing them to his ghost writer — a person with no security clearance. Hur declined to prosecute because the jury would sympathetically see President Biden as an elderly man with a poor memory. Former FBI Director James Comey declined to prosecute Hillary Clinton for her illegal activity “because no jury would convict her,” a decision that was not his to make. Hur and Comey are apparently clairvoyant regarding juries.

Special Prosecutor David Weiss has been investigating Hunter Biden since 2018 for inappropriate representation of foreign agents, lying on an application to buy a gun, and federal tax offenses. Weiss must now be frozen in the proverbial carbonite or abducted by aliens. After six years of investigation, the facts on the gun and tax charges appear to be irrefutable. Indeed, one court rejected a tentative sweetheart guilty plea. Have you heard from him lately?

Finally, Alejandro Mayorkas was impeached for official misconduct. The Senate, led by Chuck Schumer, a Democrat, refused to allow a hearing. This is unprecedented in Senate history.

Until now, no former American president has been prosecuted for criminal activity. It is quite possible some could have. (Bill Clinton, e.g., for perjury.) Only in third-world countries do politicians prosecute their opponents criminally.

The charges brought by DA Alvin Bragg against Trump center on misdemeanor offenses for misclassifying campaign expenses. The statute of limitations has expired on those charges. Bragg is attempting to resurrect the charges by tying misdemeanors to a felony federal election crime over mischaracterization of campaign expenses. New York state courts have no jurisdiction over federal election offenses.

Even to legal experts, the nature of the crime committed is elusive. Consider defending a charge of being a “bad guy.” However unsavory nondisclosure agreements may be, they are not illegal. Trump likely did not complete the paperwork himself. Even so, it is the same thing Clinton did. The Department of Justice, Federal Election Commission, Bragg’s predecessor, and Bragg himself initially refused to prosecute this. The case is being brought now to wear Trump down, to humiliate him and to prevent him from campaigning. It is also to re-air the details of an affair in an election season to affect the outcome.

Whatever else may be said about Trump, this should be said: Trump’s ability to fight on is impressive and augurs well regarding his ability to handle foreign ruffians. Most men in his position would have given up.

Obama weaponized the IRS to delay the organization of the Tea Party. Now Democrats have gone further. It is a dark time.

Mark Fowler is a board-certified physician and former attorney. He can be reached at [email protected].

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