The "Free fall" of the Rule of Law: The American Declension to Fascism

Graham Hill's picture
Submitted by Graham Hill on Tue, 2020-11-24 20:17

The late literary critic Harold Bloom in an interview said that US Democracy was dying and that the US was falling to being ruled by Plutocrats [big tech and big corporations]; Oligarchs and Theocrats. As friends of democracy and liberty, these three are not. The present election t sees all three at play. MSM in the USA seems to think it is an activist part of the state's functioning apparatus.

The corruption of the election- and to aver such in Michigan according to its State Attorney General is a crime- MSM has a responsibility through its censorship and its willful blindness not to cover stories (the Hunter Biden laptop) and its perpetration of misinformation. CNN at lunchtime yesterday had a side banner of covid cases and covid deaths. Never does it show the actual death rate which is around 6% nor does it commend the Trump administration for its efforts to have not 1 but 3 vaccines available for use, logistics implemented and ready to go, in mid-December. This is a lying by deliberate omission. This is more than a "liar, liar pants on fire " Lies have a destructive force on society as Solzhenitsyn demonstrably shows in his Gulag Archipelago. But I guess the priests and priestesses of MSM do not read.

CNN's Jake Tapper shamelessly retailed a further scurrilous lie that of Government Service Agency's head Emily Murphy by not directing the Transition to move forward would be costing lives. As if to say the Trump administration had done nothing and was deliberately setting out to kill people. This is risible on the facts. But, of course, media talking heads are a one-way traffic street there is no real-time interaction to say 'No you got thas wrong.' The misinformation is allowed to 'lie' where it falls. Our media tends to cut and past such pieces and they are never assessed or corrected. More troubling, if not unethical, in this example is the form of blackmail by insinuating moral turpitude.

Mrs Murphy is a public official and her role is governed by law and process. MSM have no regard to process and law and are wholly ignorant of Max Weber's analysis of bureaucracy, public administration and how it works. The fact that she and her agency are governed by law and doing her job accordingly did not stop, or even give pause to reflect on her position, as she came under abusive calls and threats:

“To be clear, I did not receive any direction to delay my determination,” Murphy said amid the torrent of criticism that has been lobbed at her from the Left. “I did, however, receive threats online, by phone, and by mail directed at my safety, my family, my staff, and even my pets in an effort to coerce me into making this determination prematurely."

“Even in the face of thousands of threats, I always remained committed to upholding the law,” she added.

See: https://www.washingtonexaminer...

The threats- intimidation- constitute 'extra' processes to extrajudicial means and sidelining the rule of law. Those who abused and threatened were, in the fascist methodology, they will say, "being "pragmatic."

There is another twist to this form of coercion and that has been made by Law Professor Jonathan Turley.

First, yesterday he noted that a Democrat member of the House of Representatives has laid 20 lawyer complaints with bar Associations in New York directed at the lawyers involved in Trump's legal cases. Bar complaints re serious matters fro lawyers, they are time-consuming and cause issues with reputations. Two points flow. First, acting for a party is a public duty and all citizens have the right of access to the Courts. How this is lawyer misconduct is far fetched but secondly, it is an attempt at coercion- an attempt to overbear the lawyers will, AKA blackmail- by a political and elected partisan house member. Courts are where disputes are resolved- it is their constitutional role in a civil society- not by the social media mob or political hacks.

Secondly, the weaponising of law and the denial of free speech. The raising of an allegation of fraud publically in Michigan could lead to prosecution. The message seems clear, the Party is to to be contradicted:

We have been discussing the use of the criminal code by Michigan Attorney General Dana Nessel (D) to threaten people who post videos on alleged voter fraud or legislators who raise such objections in the state. These threats are coercive and abusive, particularly when targeting opponents of your party who are challenging the victory of your candidate for president. Yet, as shown by a congressman seeking to disbar dozens of Trump lawyers, such threats are popular in today’s rage-filled politics. So, Nessel continued her threats of prosecution on Monday in warning that a former state senator could be prosecuted for alleging possible voter fraud at a meeting of the Michigan Board of State Canvassers.

So, raising voting fraud at the board overseeing voting is now a possible basis for prosecution in Michigan.

All three examples are alarming incidences of throwing the rule of law in the garbage. As Jean Piaget stated in his book on games, no one likes a cheat and without rules, there is no game. As Mark Levin has commented in his recent podcast on District Court Judge Bann's Federal Court decision on voter fraud in Pennsylvania. The judge accepted the affidavit evidence of fraud but got lost in the remedy over disallowing votes. Levin said he needed to simply follow the rules set out in the constitution. The abdication of applying the constitution's higher law marks a serious declension of law in the US polity. The loss of this 'idea" of the rule of law will have serious downstream consequences for the US state and its citizens with the erosion of rights- as we see with the Alinsky tactics- and the rise of a fascist totalitarian state and its "panopticon."

The distraction has been MSM's over-focus on the centre and not the penumbra of events with the inability, through ignorance and inexperience (youth) of MSM media folk to properly analyse, comprehend the significance of events and to exist in an ever-present now.