John Adams may have summed up the American experiment best: “We are a government of laws, not men.” This was the origin of all talk of a “rule of law.”
Alas, we are currently a nation in manifest decline. Accordingly, “rule of law,” the cornerstone of our judicial system, must be radically reassessed. The concept, much like the justice system as a whole, has been contaminated, perhaps irrevocably, by bad-faith actors, for which the Constitution, understood in its proper, historical context, is totally foreign. Our historic Constitution ought to be understood as hopelessly forgotten by those now tasked to defend its sacred tenets. And so accounts for the present chaos.
The media went wild last week after Joe Biden’s Justice Department finally produced a criminal indictment to support the claim that January 6 was an “insurrection” planned by militiamen loyal to Donald Trump: Eleven members of the Oath Keepers, including its founder, Stewart Rhodes, face the rarely used charge of seditious conspiracy for their brief and nonviolent involvement at the Capitol protest that day.
Journalists luxuriated in the news, jeering those of us who had correctly noted that the Justice Department had failed to charge anyone with insurrection or sedition for more than a year.
But the press does not share the same zeal in covering another politically charged investigation: the imploding criminal case against five men accused of plotting to kidnap Michigan Governor Gretchen Whitmer in 2020. The kidnapping narrative shares many similarities with their preferred telling of January 6, not the least of which is that alleged militias incited by Trump attempted to carry out a domestic terror attack.
A federal appeals court in Washington declined Monday to order the dismissal of the Michael Flynn prosecution, permitting a judge to scrutinize the Justice Department’s request to dismiss its case against President Donald Trump’s former national security adviser.
The decision keeps the case at least temporarily alive and rebuffs efforts by both Flynn’s lawyers and the Justice Department to force the prosecution to be dropped without any further inquiry from the judge, who has for months declined to dismiss it. The ruling represents the latest development in a criminal case that has taken unusual twists and turns over the last year and prompted a separation of powers tussle involving a veteran federal judge and the Trump administration.