Why the Political Legal Troubles Matter - “The Sunday Political Brunch” December 8, 2024
Mark Curtis, MINDSETTER™
Why the Political Legal Troubles Matter - “The Sunday Political Brunch” December 8, 2024
“Hunter Biden’s Pardon” – After President Biden said repeatedly during the campaign that he would not pardon his convicted felon son Hunter, he pardoned him anyway, with about seven weeks remaining in his presidential term. Press Secretary Karine Jean-Pierre told reporters on Air Force One, that the Biden family discussed the issue over the Thanksgiving weekend, and the president made the final decision on Sunday. “It wasn't an easy decision to make," Jean-Pierre said. She added that President Biden believed his son was "singled out politically" and they "tried to break his son in order to break him."
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“Trump’s Common Defense” – This week, Trump’s legal team moved that his 34-felony count conviction in the New York “hush money” case be vacated since Trump and his supporters long claimed they were politically motivated. "These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought," Trump wrote on his social media platform, Truth Social. Trump has argued the U.S. Supreme Court’s ruling on presidential immunity, also extends to actions while he was not actually president. We’ll see, as this legal motion could test that theory.
“What Say the Polls?” – Polls can tell us lots of things, but sometimes they are accurate while other times they are distorted. A fascinating poll taken by Monmouth University back in June had interesting results. 57 percent of those who responded felt the hush money trial of Donald Trump was politically motivated, while 48 percent thought the criminal charges against Hunter Biden were also politically motivated. Given that the country is literally divided in half politically tells me these numbers are probably heavily skewed along party lines, so there is likely an element of political bias in the beholder. The old routine of, “Your guy is a crook, but my guy is a persecuted victim!”
“My Legal Experience” – As a reporter I have spent thousands of hours in state and federal courts, even the U.S. Supreme Court. I have covered more than one hundred murder and violent felony trials. I’ve probably spent more time in court than some lawyers who don’t actually try cases. I say this because I’ve learned something important. Prosecutors rarely bring cases that they don’t think they can win. They evaluate the physical evidence and victim and witness statements. Sometimes prosecutors will directly file charges, while other times they’ll ask a grand jury for an indictment. Either way, they won’t try the case if they don’t think they can win. The commonality in both the Trump and Biden cases was that the prosecutors brought in evidence that they believed proved the case, “beyond any reasonable doubt.” And in both cases, they prevailed.
“The Unjust Legal Disparity” – Yes, both sides feel railroaded and now both sides feel vindicated. I think that’s unfortunate because I believe it underscores the imbalance (and yes, unfairness), in our legal system. Both the Trump and Biden camps feel a sense of exoneration, with the slate essentially being wiped clean. But did they win on legal principle, or did they win on the notion that there is a different standard of justice for the rich and powerful in this country? The same questions were asked about O.J. Simpson. Did he win because he was truly not guilty, or did he win because his wealth and fame allowed him to assemble that legal “dream team” that sprung him, but ultimately could not save him from himself?
“Legal Equity and Parity?” – I asked the above question after reading an article this week from opinion writer Darvio Morrow. He noted that as a U.S. Senator, Joe Biden sponsored legislation that made it a felony for a drug addict to be in possession of a firearm. That the same crime bill provided harsher penalties for cheaper crack cocaine possession (favored by poorer, often Black users), compared to powdered, purer, more expensive cocaine, (favored by richer, suburban Whites). Darvio admitted he likely would have pardoned his son, but pondered, “What I do care about, however, is the fact that President Biden was the author of the laws that locked up many Black men for doing some of the same crimes that Hunter was just pardoned for.” He rightfully questions what he suggests is a double standard.
“In Other News…” – While the Biden-Trump legal wars play out, there was other political news this week, some of which falls under a similar umbrella. Trump defense secretary nominee Pete Hegseth is facing more questions, especially about alleged drunken behavior and a possible sexual assault. Like former attorney general nominee Matt Gaetz, some Republican senators, especially some of the women, are already saying no! One Republican senator, who asked not to be named told The Hill newspaper, “There’s seven or eight [Republican] votes against him. It’s a matter of time.” Gov. Ron DeSantis (R) Florida and Sen. Joni Ernst (R) Iowa are being seen as alternatives to Hegseth. Like him, both are combat veterans.
“Yes, No, and Maybe on Hegseth” – Right now, yes, no, and maybe are the only options. Gov. Jim Justice (R) West Virginia, who is now U.S. Senator-elect, is all in. Justice said, "I know he's got some tough stuff in his closet and everything, but really and truly, I'm telling you, Pete's a good man. And I know him, and I know him well. He's a patriot through and through. And I hope he gets across the finish line.” Justice’s soon-to-be Senate-mate Sen. Shelley Moore Capito (R), West Virginia, says she had a “frank” talk with Hegseth about the allegations but needs to hear more. Thursday, Capito said, "There'll be testimony in front of the Armed Service Committee and other committees. And I think my vote will then become in sharper focus for me, so I'm not making a commitment at this moment." For now, Justice is a “yes.” Capito is a “maybe.”