And today’s Comment of the Day by Steve-O-in-NJ is….but seriously folks, Steve-O has been especially pointed and prolific since he was called a “racist suck-up” by a troll who got himself banned here in record time. (Steve-O’s commentary on that was also Comment of the Day worthy.) This COTD takes off from the post’s citing of the Obama Administration’s disingenuous justification for not enforcing our immigration laws. And then there’s more.
Here is Steve-O’s Comment of the Day on the post, “Introduction: Will The Audacious ‘It Isn’t What it is’ Propaganda Assault By The American Left Succeed?”
Prosecutorial discretion? Prosecutorial discretion is moving to dismiss a case because the evidence is weak and might not make it over the hump of reasonable doubt or there were procedural errors that might result in it getting kicked. It might also be dropping prosecutions because the law has changed or is about to change (i.e. the repeal of the Volstead Act). Like any discretion, though, it can be abused, and I’d say that wholesale refusals to enforce broad areas of the law constitute abuse of discretion. The point of being a prosecutor in the first place is to enforce the law by prosecuting offenders, not thwart the law by dismissing offenders.
The times were when this crap wasn’t tolerated. Waaay back in 1994 George Pataki was elected Governor of New York, denying Mario Cuomo the fourth term that now his son will also never get. He was elected partially on the promise to bring back the death penalty, which Cuomo steadfastly opposed. He did and was applauded for doing so by a fed-up populace. However, liberal “maverick ” (or so the media called him) Robert Johnson, then District Attorney of the Bronx, publicly declared that his office would not seek the death penalty under any circumstances. Inevitably, a case that was eligible came up, he declined to seek the penalty, and Pataki’s AG took the case away from him, which the courts later upheld, since District Attorney was an executive office and the governor was the head of the executive branch, although NY district attorneys are elected, not appointed by him like county prosecutors are in NJ. That said, I am metaphysically certain that there would have been no such case had the governor and the DA not been of different political parties. Even assuming the death penalty was already in place, and not a just-passed pet project of the governor, I am certain that a Democratic governor would have just said “prosecutorial discretion” and that would have been the end of it.
These days, it’s a pet project of the left to get control of DA offices. There is precedent for this in George Soros’ secretary of state project, in which he would finance favored candidates for that office, which typically counts and certifies votes at the state level. After all, as old Uncle Joe put it, it does not matter who CASTS the votes, it matters who COUNTS the votes. It also doesn’t matter who passes the laws, it matters who enforces them. It’s possibly beyond the left’s power to get control of all state legislatures, at least with any degree of speed, since there are just too many safe GOP districts and changing all of them, or even enough to tip the balance everywhere, is too daunting an undertaking.
There are always going to be some states where the GOP holds the trifecta and can pass tough on crime laws. This even happens (or happened) in places like NY and NJ (after people got fed up with Jim Florio) at times. However, those passed laws mean nothing if the urban counties where most crime takes place have district attorneys elected by Democratic populations that just dismiss everything short of a multiple homicide. Likewise, whatever laws may have been passed by a GOP congress and signed into law by a GOP president mean nothing, even if the Democrats don’t quite have the numbers to wipe them off the books, if Democrat-appointed US Attorneys just won’t enforce them. Interestingly, most Democrats now loathe or ignore or deny the fact that the first major defiance of the judicial process by the executive was when Andrew Jackson, the first Democratic president (officially) sneered at the Supreme Court’s ruling in favor of native Americans against settlers in Worcester v. Georgia.
It’s all frankly a culture within the Democratic Party that the law is there to be worked within when it benefits them and worked around when it does not. That’s part of a larger culture within that party and the left generally that there is a presumption in favor of anything anyone who’s “in the club” or on their side does and a presumption against anything anyone who isn’t does. Once in a while someone in the club will have to be punished for going too far, but that’s the exception rather than the rule, and only to be invoked once that person is of no further value to the party and the left. Al Franken was jettisoned because he was easily replaceable and had ceased to have any value, and Andrew Cuomo was forced from office because he had become more liability than asset. Notably he still won’t face criminal charges thanks to those wonderful Democratic DAs. However, they closed ranks around Bill Clinton and will close ranks around Biden, because they are/were just too valuable and useful not to be protected, even though neither deserves/deserved to be protected. It remains to be seen if Kamala Harris will be protected from the consequences of her clear inability to do the job and, if so, for how long. The answer is probably also “until the minuses of protecting her outweigh the pluses,” and for now, she still has value as that face that can go on every little girl of color’s wall between Shirley Chisholm and Gabby Douglas to remind them that You Can Be Anything You Choose.
“It isn’t what it is” is a part of our lives from the first time your classmate pushes you down and lambastes you tripped over your own feet and not to be so clumsy, the first time your shiftless brother-in-law says he doesn’t mean to use up your whole day off cleaning his yard, the first time your boss says his decision to move you into a crappier assignment isn’t a demotion, and so forth. Each time you accept it, because there’s not much you can do about it. If you fly at your classmate, you’ll be the one who gets in trouble, if you tell your brother-in-law forget it, you’ll hear about it again at Thanksgiving and so will everyone else, and if you challenge your boss, he will just say he moved you there and he can also move you out the door.
By the time we’re all adults we’ve just come to accept that people will lie about what they are doing just to make themselves and others be okay with all the crappy things they do and get away with. Your classmate will never say he was a budding asshole when he pushed you down, your brother-in-law will never admit he was taking advantage of you because you want a peaceful set of holidays, and your boss will never admit he stuck it to you because he could. It should come as no surprise that people much more powerful than your bullying classmate, POS brother-in-law, and petty tyrant boss will utilize the same rationalizations and lies, and you, the go-along-to-get-along, be-a-good-boy, don’t-cause-trouble all around nice guy, will put up with it, because you’re already so used to it. You fell right into this line of isn’t-what-it-is’s because if you don’t go along with it, you risk shrieking from the feminist harpies in your life, adverse consequences at work if tarred as a racist, or losing everything and even your life if BLM/Antifa puts you in the crosshairs.
Now you’re going to fall right into line, at least for now, because right now the Democratic party and its minions have all the power and won’t hesitate to use it on you, while justifying it, and, as the Chicago PD put it, you might beat the rap, but you won’t beat the ride. In the Middle Ages it was hard to prove your innocence if you were swinging from a gibbet, and now it’s hard to prove your innocence if your bank accounts are frozen, your job lost, your house burned down, and you are either warming a prison cell or killed in a riot. Tyranny? Sure. But who’s going to call it tyranny if all it gets is good press and any bad press is either discredited as FOX noise or suppressed by Big Tech and no one sees it?
Sound like the old USSR? Sound like apartheid South Africa? Sound like Pink Tide South America? Nope, it’s worse (a lot of that predated the internet). This country could possibly be headed down the path to becoming like China if we keep going along with this. We’re not there yet, BUT don’t say it can never happen.