The American Judicial System is Ripe for Abuse
From an outsider’s perspective, the American method of adjudicating criminal and civil matters is ripe for political misuse. In the UK, judges are appointed through an independent organization called the Judicial Appointments Commission. Previously, judicial appointments were overseen by the Lord Chancellor, a government member. However, this was considered a dilution of the separation of powers, and an unwelcome injection of politics into the legal system, so it was scrapped.
To become a judge in Britain, individuals must apply to the Judicial Appointments Commission, similar to applying for any job. They must be legally qualified and have practiced as solicitors or barrister for at least five years. Applicants go through a rigorous selection process and are chosen based on various criteria. After the appointment, judges are supervised by a range of bodies to ensure independence and adherence to the law. While not perfect, and still influenced by politics as almost everything is, the process aims at preventing the overt politicization of judicial rulings.
The American legal system can be shocking to Europeans when they learn that most prosecutors and judges are elected. It is particularly surprising to many of us that the prosecutors pursuing cases against Donald Trump are Democrats who were elected after pledging to target the former President.
For instance, New York Attorney General Letitia James openly expressed her contempt for Trump when she took office, stating "He should know that we here in New York - and I, in particular - we are not scared of you." She also promised to thoroughly investigate Mr. Trump's business affairs and shine “a bright light into every dark corner of his real estate dealings, and every dealing, demanding truthfulness at every turn.”
That's exactly what she did. The Democrat took the Republican Presidential candidate to court, alleging he had inflated the value of his assets for business purposes. A Democrat judge then imposed a huge fine. Even though no one who had commercial dealings with Trump filed any complaints, James relentlessly pursued the case until she got the outcome she unashamedly promised.
Then there's Alvin Bragg in Manhattan, the Democrat District Attorney. While campaigning for his post, he proudly emphasized his history of targeting Republican Donald Trump. Bragg stated, "I have investigated Trump and his children and held them accountable for their misconduct with the Trump Foundation. I also sued the Trump administration more than 100 times for the travel ban and the separation of children from their families at the border. So I know that works. I know how to follow the facts and hold people in power accountable."
The first question to ask here is obvious—would this Democrat hold a Democratic Presidential candidate to account with so much gusto? Of course not. We know this because he could. If he trawled through Joe Biden’s background as he has with Trump, he could no doubt shoehorn a case into the courts – particularly given the President’s rather questionable financial gains and dealings with foreign companies as Vice President. After boasting about his record of going after the Republican candidate, Bragg performed extraordinary legal contortions to charge him with something, and he did it. He charged him with falsifying records, a misdemeanor he managed to twist into a felony by adding election interference to the mix.
When Trump faced trial in New York, it was under the watch of a judge who has openly supported President Biden. Judge Juan Merchan, a past donor to the Democrats and Joe Biden’s campaign, now presides over a case involving Joe Biden’s opponent in the 2024 White House race.
Next up is Fani Willis in Georgia. She is also a Democrat, and she has also gone out of her way to prosecute a Republican Presidential candidate in an election year. Again, as an outsider looking in, this is baffling. How can justice ever be blind when Democrats decide whether or not Republicans are prosecuted?
Politics is everywhere and touches everything, but surely this is too blatant to accept. To expect justice to be blind and fair when political opponents pass legal judgment on each other is downright dangerous.
A solution may not be readily apparent, but surely Americans deserve better than this. They should raise their voices and demand the eradication of such overt politics from their judicial and legal structure. It is a system ripe for corruption and abuse, and in 2024, that is both more apparent and important than ever.