Double Standard by Civil Libertarians against Trump Endangers the Rule of Law
by Alan M. Dershowitz • August 16, 2022 at 5:00 am
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. 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.