Trump’s conduct toward women is loathsome, but his efforts to control the judiciary are even more worrisome
We’ve heard it recited many times. Perhaps the first time was in elementary school. The phrase may have originated with British Prime Minister William Gladstone in the 1800s.
Martin Luther King Jr. repeated it from his cell in a Birmingham jail. It’s a phrase that has been at the front of my consciousness lately, as I watch the delaying tactics of former President Trump and his legal teams. The quotation is, “Justice delayed is justice denied.”
All of the charges against Trump (seen above in a public domain photo posted on wikimedia commons), if convicted, are appealed. All of the court cases are publicly challenged, often suggesting partisan politics at play. Prosecutors and judges and witnesses are publicly demonized, often resulting in threats to them and their families. Personal relationships of court personnel, as well as their political persuasion, become fodder for further delaying tactics and public distrust.
Some Trump-appointed judges help, delaying decisions indefinitely, or at least till after he has an opportunity to regain the office of president. A Supreme Court he “packed” with the help of Majority Leader McConnell, stands ready to grant him immunity from charges against him.
The one trial against the former president that has concluded, brought by E. Jean Carroll in 1996, found him guilty of sexual abuse and awarded Carroll $5 million. The trial didn’t happen till 2023; successfully delayed till then.
This was a jury trial; a jury of his peers; as required by our judicial system. They were likely Republicans and Democrats. They were required to base their decision on the evidence, not the persona of the defendant. Of course, this verdict was appealed after Trump posted a $91 million bond. That appeal was denied in April, but the delay succeeded and the future of the verdict is uncertain.
Trump denies it even happened; just part of the witch hunt. Two of the witnesses in the Carroll trial were women who reported unwanted sexual advances from Trump; Jessica Leeds, a former stockbroker, and Natasha Stoynoff, a writer who interviewed him.
Together, with the testimony of these three women, and listening to the Access Hollywood tape where he confesses to his enjoyment in groping women, one wonders what the other women who have accused him of unwanted sexual advances might say.
The world has certainly heard plenty from Stormy Daniels. One wonders how much longer denial and delay will keep him from answering to his accusers on his chauvinistic and sexual predator behavior?
But former President Trump and his behavior is not the primary concern. The larger issue for the future of our republic is what he is doing to the judicial branch of the government. If justice delayed is justice denied, it is writ large in his cases.
As Stormy Daniels remarked, “If he didn’t do it, why doesn’t he take the stand and state his case?” That way justice won’t be delayed or denied, but he can prove his innocence quickly.
Trump also illustrates the problem of wealth, privilege and power in our judicial system. Even without Trump and his trials, we all assume money helps in court. You likely have a better chance before a judge paying a lawyer who knows the minutiae of the law; maybe hire two or three lawyers. And it’s not unusual to see someone with political pull or prominence walk free, whereas a nobody goes to jail for a similar offense. We know some people go to jail who are later found to be innocent.
The judicial system is not perfect. But the misuse of the system in the cases brought against former President Trump is unusual and destructive, especially in the daily glare of the media and the public. It makes one wonder if the system can survive?
The judiciary would not be such a worry if the other branches of our government weren’t in such a sorry state. Congress has never been so polarized and partisan in recent memory. Integrity seems in short supply. Some, like Sen. John Thune, will sacrifice honesty for personal advancement at the feet of the Republican front-runner.
What about the executive branch? We have a choice between two seniors, usually associated with experience and wisdom; both helpful traits. But one seeker of the seat in the White House is an autocrat, a bully, and amoral. Recently, we discovered he is prepared to take us into the heart of catastrophic climate change, if only the fossil fuel companies come up with $1 billion for his campaign.
The other executive candidate is showing his age, and has a Cold War mentality in his international outlook that has only meant violence and war for generations. He needs some good nonviolence training and a team of people who can communicate and mediate disputes. A peace economy would also help.
Finally, our very democratic system is at risk! Many repeat the Trump mantra of a “stolen election” with no evidence, and encourage the suggestion that should he lose in 2024, that will also be “stolen” (and perhaps the new “insurrection” would make the previous one look weak and timid in comparison).
These folks are setting things up, ahead of time, for the failure of the 2024 presidential election. Doubt has been sown! Many election officials are frightened and some are resigning.
We need and deserve justice! The innocent should take the stand and declare before God and the country that innocence! Skip the lawyering. Stop the appeals. Take the stand before a jury of your peers. Face the consequences.
Delaying justice is denying justice!
Carl Kline of Brookings is a United Church of Christ clergyman and adjunct faculty member at the Mt. Marty College campus in Watertown. He is a founder and on the planning committee of the Brookings Interfaith Council, co-founder of Nonviolent Alternatives, a small not-for-profit that, for 15 years, provided intercultural experiences with Lakota/Dakota people in the Northern Plains and brought conflict resolution and peer mediation programs to schools around the region. He was one of the early participants in the development of Peace Brigades International. Kline can be reached at carl@satyagrahainstitute.org. This column originally appeared in the Brookings Register.