Alan Dershowitz: A widespread Double Standard is eroding the Rule of Law

Civil liberties require a single standard without regard to party, ideology or person. This great tradition has not been evident when it comes to the treatment of Donald Trump. A double standard has been manifested in a number of ways. (Image source: iStock)

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” — President Harry S. Truman

Important Takeaways:

  • Double Standard by Civil Libertarians against Trump Endangers the Rule of Law
  • The American Civil Liberties Union, which has repeatedly challenged the constitutionality and applicability of the Espionage Act to anti-government activities by left-wing radicals, is strangely silent when the same overbroad law is deployed against a political figure whose politics they deplore.
  • Then there is the manner by which Trump loyalists have been treated when they were indicted. Several have been arrested, handcuffed and shackled, despite not having been charged with crimes of violence and despite the absence of evidence that they were planning to flee… [M]ost other comparable defendants are simply notified of the charges and ordered to appear in court. Yet despite this apparent double standard, the left has been silent.
  • U.S. Attorney General Merrick Garland commendably stated that the Justice Department is dedicated to the “evenhanded application of the law.” But recent applications of the law suggest otherwise.
  • Perhaps the most glaring manifestation of the double standard currently at work is the different approach taken to the alleged mishandling of classified material by Trump, on the one hand, and former presidential candidate Hillary Clinton, on the other hand. No wide-ranging search warrants were sought for Clinton’s home, where private servers were apparently kept and subpoenaed material even possibly destroyed.
  • According to Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:
    • Publicly promulgated
    • Equally enforced
    • Independently adjudicated
    • And consistent with international human rights principles.

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