From Gatestone Institute <[email protected]>
Subject Double Standard by Civil Libertarians against Trump Endangers the Rule of Law
Date August 16, 2022 9:16 AM
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In this mailing:
* Alan M. Dershowitz: Double Standard by Civil Libertarians against Trump Endangers the Rule of Law
* J.B. Shurk: The Fall of Faucism and the Return of Common Sense


** Double Standard by Civil Libertarians against Trump Endangers the Rule of Law ([link removed])
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by Alan M. Dershowitz • August 16, 2022 at 5:00 am
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* 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. "Due process for me but not for thee" seems to have replaced the equal protection of the law as the guiding principle.
* 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.
* Equal justice for Democrats and Republicans must not only be done; it must be seen to be done. There must be one law, and one application of law, for all comparable acts and persons. There must also be one standard of civil liberties — and complaints about their violation — by principled civil libertarians.
* This unacceptable double standard is so widespread that it endangers the rule of law and the historic role of neutral, non-partisan civil liberties that protect it from partisan weaponization.

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)

Civil liberties require a single standard without regard to party, ideology or person. The right of Nazis to their despicable free speech must be protected with the same vigor as the right of Salman Rushdie. The American Civil Liberties Union (ACLU) in particular, and good civil libertarians in general, used to live by that creed. That is what makes them different from special pleaders who limit their advocacy to those who agree or identify with them. This great tradition — that led John Adams to defend the hated British soldiers who were accused of the Boston massacre and led the old ACLU to defend the right of Nazis to march through Skokie, Illinois — has not been evident when it comes to the treatment of Donald Trump. A double standard has been manifested in a number of ways.

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** The Fall of Faucism and the Return of Common Sense ([link removed])
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by J.B. Shurk • August 16, 2022 at 4:00 am
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* To insist that grown adults lack the ability to make consequential life choices is to insist that they be infantilized for the rest of their lives.
* Parents have every right to balance the costs of missed educational opportunities for school-aged children against the risks of illness. American adults are entirely qualified to judge for themselves whether masks, gloves, or full body hazmat suits are necessary for day-to-day existence. And individual Americans are intellectually capable of determining whether they wish to be injected with novel mRNA vaccines. To insist that grown adults lack the ability to make consequential life choices is to insist that they be infantilized for the rest of their lives.
* To believe Americans cannot, or should not, make their own health decisions is to steal from them their personal agency and render them completely dependent upon government directives. Such a system elevates bureaucratic authority and enslaves the citizen to the State. That type of total government control is the hallmark of authoritarian and totalitarian societies. It has absolutely no place, however, in any nation that regards itself as a bastion for personal freedom.

To believe Americans cannot, or should not, make their own health decisions is to steal from them their personal agency and render them completely dependent upon government directives. Pictured: Dr. Anthony Fauci prepares to testify before the Senate Health, Education, Labor and Pensions Committee on Capitol Hill in Washington, DC, June 30, 2020. (Photo by Kevin Dietsch/Pool/AFP via Getty Images)

COVID-19 mitigation czar and mask scold Dr. Anthony Fauci recently bemoaned Americans' increased reluctance to "adhere" to public health restrictions. Blaming "fatigue," "political divisiveness," and "social media misinformation and disinformation," the good doctor seemed quite upset that Americans no longer readily comply with every policy recommendation coming from his office. Where officials command and citizens comply, however, "expert" opinion smothers personal choice. That is hardly the American way.

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