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The Rise of Political Prosecutions: A Tipping Point for American Democracy?

AP Photo/Alex Brandon

Are we headed into an era in which political prosecutions become more commonplace? With the Justice Department’s recent indictment of former President Donald Trump, some are speculating that this could be the case. The sense that this prosecution could be a harbinger of things to come has not been lost on members of the chattering class. This has raised an interesting question for me: Is this necessarily a bad thing?

During a recent appearance on Fox News, Sen. Marco Rubio (R-FL) predicted that the indictment of former President Donald Trump will set a precedent, leading to immense pressure on the next Republican president to bring charges against Joe Biden, his family, and even his son Hunter, whom he referred to as a “crackhead.” Rubio argued that this presents a larger problem where institutions are weaponized on both sides, contributing to the decline of America and the rise of China as the most powerful nation in the world.

While addressing the issue of political prosecutions, the lawmaker said:

You think this ends here? The next Republican president is going to be under tremendous pressure to bring charges and indict Joe Biden, his family, his crackhead son, whoever. The pressure’s going to be extraordinary. They’re going to turn us into — so, we’re decadent and we’re in decline because we thought we could do anything we wanted with our economy, we could send our jobs and factories overseas, break our politics, break our culture, break our society. We don’t need parents, we don’t need neighborhood[s], we don’t need family anymore, all these crazy ideas. And now reality’s catching up and it’s hurting us badly. And today is frankly just a symptom of a much bigger problem…and that is, we no longer live in that world. We need to understand America is being challenged in a way it hasn’t been challenged in 30 or 40 years and we either respond or we are going to live in a world in which the most powerful and stable country in the world is going to be China, a Communist dictatorship, not the United States.

Is Rubio accurate in his prediction? The current state of American politics seems to suggest that he might have nailed this one. As counterintuitive as it might sound, there could be advantages for the country if this becomes the new trend.

One of the main arguments in favor of political prosecutions is the idea that they hold public officials accountable for their actions. By subjecting politicians to legal scrutiny, these prosecutions can uncover and address corruption, abuse of power, and other unethical behaviors. This promotes transparency within the political system and exposes the darker side of our government.

The term “law and order” gets bandied about quite a bit. Unfortunately, it typically only applies to regular folks like ourselves and not to members of the ruling class. The threat of political prosecution could act as a deterrent for politicians engaging in illicit activities. Yes, the actors launching the prosecution would be motivated by the prospect of getting one over on the opposite party. But if it roots out corruption on either side of the aisle, this could go a long way towards making government officials think twice before abusing their position. Knowing that they could face legal consequences encourages politicians to adhere to the rule of law and act in the best interest of the public. This can help curb corruption and ensure that elected officials prioritize public service over personal gain.

One of the biggest complaints people have about the government is the apparent lack of accountability. Prosecuting government officials who misuse their positions might actually create a reality in which no one is above the law.

On the other hand, there are several issues inherent in having a political environment in which politics influences decisions related to criminal justice. A major concern with political prosecutions is the potential for partisan bias and selective enforcement of the law. When prosecutions are driven by political motivations rather than genuine pursuit of justice, it undermines the perceived credibility and impartiality of the legal system. It can lead to a perception that the law is wielded as a weapon against political opponents instead of being an instrument for protecting people’s rights.

Frequent political prosecutions can exacerbate political polarization and deepen societal divisions. When legal action is seen as a tool to target individuals solely based on their political affiliation, it intensifies animosity between opposing factions. This undermines the spirit of collaboration and compromises necessary for a healthy functioning democracy.

In some cases, political prosecutions can divert attention and resources from pressing societal problems. Lengthy legal battles and media spectacles surrounding political prosecutions can overshadow important policy debates and hinder progress. In essence, it could make it easier for the government to use these displays as political theater to distract the masses while it continues to grow its power. This can lead to a perception that political prosecutions serve as a strategic distraction rather than a genuine pursuit of justice.

There is also the inevitability that this trend would expand beyond simply targeting politicians and government officials. Sure, it might start with Trump and the Bidens. But how long will it take for this to trickle down to regular folks like you and me? There are already efforts to punish people for their political beliefs inside and outside of using the power of the state. Leftists have used the government to label conservatives as “domestic terrorists” for opposing gender ideology and other “progressive” ideas being presented to small children in K-12 classrooms.

Realistically, this will only get worse as time goes on, which is why I would conclude that the cons outweigh the pros from a liberty perspective. If the government can be used to force others to adopt, or acquiesce to, certain ideologies under the threat of punishment, we won’t have anything close to resembling a free society. Unfortunately, as Rubio suggested, this could very easily be the direction the country is moving at the moment.

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