For all of Israel’s great achievements in its seven decades of statehood, our country now finds its very future, identity and security severely threatened by the whims and illusions of the ultranationalist government of Prime Minister Benjamin Netanyahu.
.. this government has been irrational, bordering on messianic
.. The government realizes that carrying out its one-state plan must entail steps and practices that necessarily clash with Israeli and international law — which is why it has effectively declared war on
- the Supreme Court of Israel,
- the free press and civil society, as well as
- the Israel Defense Forces’ ethical code.
This disrespect for the rule of law permeates other aspects of the government, too. It helps to shield the prime minister, his family and his aides from corruption investigations. Mr. Netanyahu’s Likud Party recently introduced legislation that would explicitly forbid the police from recommending indictments at the end of high-profile investigations.
.. there is a broad consensus among Israelis that rests on three pillars.
- First and foremost, security comes before everything; every Israeli understands this.
- Second, the unity, solidarity and integrity of the people take priority over the unity of the land — namely, the wish to possess the entirety of our historic homeland.
- Third, the principles of the 1948 Declaration of Independence, which lay out a vision for a democratic Israel based on freedom, justice and peace, are the foundation of our country’s de facto constitution.
.. The entire debate, then, is actually only over the fate of the isolated settlements, fewer than 100 small communities deep in the West Bank, containing around 100,000 settlers. Even if it is not possible to solve the Israeli-Palestinian conflict at this stage — and it probably is not — it is obvious that continued construction in those isolated settlements directly damages Israel’s vital interests... Mr. Netanyahu’s coalition claims to support the three pillars of Israeli consensus but the truth is it is determinedly undermining all three... He prefers a Greater Israel with an Arab majority, violence and division over a united, self-confident Israel with a solid Jewish majority.. He sanctifies the Land of Israel before the People of Israel. And he systematically erodes Israel’s democracy and liberal norms of governance... In the service of this agenda, Mr. Netanyahu elevated fake news, alternative facts and whataboutism into art forms in Hebrew, long before those terms gained any traction in English.
Trump wants to upend 230 years of constitutional principle
Okay, it’s official. President Trump wants to upend 230 years of constitutional history and principle to run the U.S. justice system like a banana republic, or perhaps more aptly like what now passes for the rule of law in the country he aspires to emulate, the Russian Federation.
.. For months, Trump has been trying to divert attention from the walls closing in on his former campaign chairman, his former national security adviser and his own son Donald Trump Jr., who are caught up in the investigation by special counsel Robert S. Mueller III. Trump has practiced some of the favorite tactics of his role model Vladimir Putin, labeling any damaging revelation as “fake news” and practicing a refined form of “whataboutism.”
.. This is what authoritarians and tyrants do. They use the instruments of state power, particularly the wrath of the prosecutor, to rain opprobrium down upon citizens with whom they disagree... The first line of defense against authoritarianism is an independent Justice Department committed to the rule of law. In 1940, Attorney General (and future Supreme Court Justice) Robert Jackson, in a famous speech to U.S. attorneys in the Great Hall of the Department of Justice warned that when “the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that [is where] the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group.”
Bad Boies
The renowned liberal attorney threw ethics out the window to help Harvey Weinstein.
Boies told Farrow that he didn’t think this was a conflict, explaining that he was doing the Times a favor by pushing the newspaper to vet its Weinstein coverage carefully. “If evidence could be uncovered to convince the Times the charges should not be published, I did not believe, and do not believe, that that would be averse to the Times’ interest,” he told the New Yorker.
.. In the Trump era, we often measure justice along one simple axis, one that pits the president and his bullying New York attack dogs against legal rules and norms. But there is and has always been a second axis, one populated by respectable, principled attorneys who will work against the rule of law when they are working for the extremely wealthy. Consider Jamie Gorelick, the longtime Democratic activist and deputy attorney general under Bill Clinton, who represented Jared Kushner and Ivanka Trump in their business affairs. While Gorelick stepped back in July from handling anything related to Kushner and the Russia probe, her view has always been that everyone deserves quality representation.It is a long-standing American legal tradition dating back to John Adams that even contemptible people deserve good representation. The problem comes when counsel for the 1 percent finds themselves helping their clients contract out of, or bully their way around, the legal rules imposed upon the rest of us.wealthy to fail.What Boies seems to have done here is the very opposite of fighting for the rule of law. Rather, it looks an awful lot like aiding and abetting a man determined to bypass legal sanctions with money, privilege, and terror. At the very least, he created an attorney-client bubble around grotesque abuse. But Boies also should have known what lawyers and investigators were doing to vulnerable women in the interest of protecting Weinstein. In conceding that he failed to supervise or manage a raft of outside investigators, Boies was also admitting that Weinstein essentially bought his way around his legal relationship with his lawyer, then deployed that same legal relationship for cover.
There are many, many legal stratagems that allow society’s wealthiest to buy their way out of criminal and civil sanctions. In Weinstein’s case, those stratagems have included oppressive nondisclosure agreements and legal threats and attempts to confuse and harass witnesses. Anyone who has watched Donald Trump ooze his way out from under oodles of lawsuits knows that there have always been Platinum Elite workarounds for the rule of law—and lawyers willing to fly you there. This week we learned that Boies may very well be one of them.
Guns Aren’t a Bulwark Against Tyranny. The Rule of Law Is.
The two most common arguments made in defense of broad gun ownership are a) self protection and b) as a bulwark against tyranny.
1998 study in The Journal of Trauma and Acute Care Surgery
“every time a gun in the home was used in a self-defense or legally justifiable shooting, there were four unintentional shootings, seven criminal assaults or homicides and 11 attempted or completed suicides.” That means a gun is 22 times more likely to be used in a criminal assault, an accidental death or injury, a suicide attempt or a homicide than it is for self-defense.
A 2003 study published in the journal Annals of Emergency Medicine, which examined gun ownership levels among thousands of murder and suicide victims and nonvictims, found that gun-owning households were 41 percent more likely to experience a homicide and 244 percent more like to experience a suicide.
.. If you think stock piling firearms from the local Guns and Guitars store, where the Las Vegas shooter purchased some of his many weapons, and dressing up in camouflage and body armor is going to protect you from an American military capable of delivering tanks and armored vehicles full Navy SEALs to your door, you’re delusional.
.. if you’re having trouble with the government, a lawyer is a much more potent weapon than a gun.
.. Politicians and police fear citizens armed with legal counsel more than they do a public fortified with guns.
.. A civil society based on the rule of law with a professional military to protect its citizens from external threats; a police force to protect civilians from internal dangers; a criminal justice system to peacefully settle disputes between the state and its citizenry; and a civil court system to enable individuals to resolve conflicts nonviolently — these institutions have been the primary drivers in the dramatic decline of violence over the past several centuries, not an increasingly well-armed public.
.. Homicide rates, for example, have plummeted a hundredfold since 14th-century England, in which there were 110 homicides per 100,000 people a year, compared with less than one per 100,000 today.