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Postmodern Law and American Political Persecution

Postmodern Law and American Political PersecutionPostmodern Law and American Political Persecution

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Lavrentiy Beria, the longest-serving head of Joseph Stalin’s secret police, is infamously credited with noting that he could prove criminal mischief even among the most innocent of men. The paramount overseer of the Soviet Union’s Gulag prison system and key architect of the political repression between 1938 and 1953 once bragged, “Show me the man and I’ll show you the crime.” Manhattan District Attorney (DA) Alvin Bragg, who was elected in 2021 to his current position on the campaign pledge to go after Donald Trump, claimed mission accomplished with the guilty verdict on all 34-state felony counts his office received on Thursday May 30. The George Soros-funded DA had structural assistance in this dastardly legal scheme from the Biden Department of Justice (DOJ), the judge overseeing the trial, and a targeted geographically tiered judicial pool that is ideologically entrenched. Washington, Jefferson, and Lincoln would have all been found “guilty” under a similar authoritarian, kangaroo court setting.

Of the four legal trials against the Republican Party frontrunner since his candidacy was tacitly evident, this is the most barefaced. The meddling from the political pulpit in the 2024 presidential election to attempt to assure a Democratic Party victory is being done out in the open. The courts are one of the Trojan horses used to mask their illegitimacy. The utilization of the justice system to silence opposition and influence election results is nothing new. Non-democratic regimes have always done it this way. Every single person sent to Russia’s, China’s, or Cuba’s gulags was done so under the auspices of the “law.” Venezuela, Nicaragua, and Bolivia eliminate opposition leaders by levying criminal accusations.

The Biden-Obama regime is knowingly following the scripts established and practiced by experienced dictatorships, adapted to the American model. The U.S. path to non-democratic rule is rougher and requires special considerations, given the intricacies of its federal system of government. This is why socialist-hospitable enclaves like New York City and Washington, D.C. (among others) are the preferred legal venues to fabricate crimes to achieve the ends they seek. When there exists a two-tiered legal system that is politically and ideologically predetermined, then the rule of law becomes a capricious element of structure based on where you live or if you fall within the federal grasp of Biden’s DOJ.  

This is how the Left pulled off this Berian-like conviction in New York’s “hush money trial.” The whole court proceeding lacked elemental due process and followed a pattern of stretching the law and establishing precedents beyond the scope of accepted norms. Truly, this is the Marxist dream of postmodern law. The thirty-four counts all relate to one single occurrence: a bookkeeping infraction, at best, concerning a $130,000 payment under a Non-Disclosure Agreement (NDA) (perfectly legal) paid to a porn movie actress for sexual services (Stormy Daniels) in an alleged one-night stand that supposedly occurred in 2006. The prosecution’s key witness was a convicted perjurer (Michael Cohen) who, additionally, admitted to having stolen $60,000 from the Trump real estate conglomerate.

The judge umpiring the case, Juan Merchan, was the prosecution’s enabler. Medullary a Democrat, Merchan has donated to the Democratic Party and anti-Trump causes. Additionally, the judge’s daughter is a wholly committed employee of the Democratic establishment, making a living fundraising for Democratic political candidates. The trial that her father presides over has generated enormous sums of money, which she has benefited from financially. By working as an executive director at a top-notch Democratic firm that is connected directly with is Adam Schiff, the Democrat National Committee, Democratic Senate Majority PAC, and even Biden, Merchan’s daughter’s employment is grounds enough for him to have recused himself on conflict-of-interest grounds.

Perhaps the most influential entity on the prosecuting team was Matthew Colangelo, the number-three official at Biden’s DOJ, before transitioning to Manhattan’s DA office. Acting as the lead prosecutor, Colangelo laid the groundwork for the concocted legal theories that were explored to criminalize Trump’s legal actions. He served as the natural bridge between New York and the White House, in other words, between the Manhattan DA and the DOJ. Additionally, he has served as a paid political consultant to the Democratic National Committee. Fundamental to the prosecution’s strategy was to make the charges against Trump a felony since bookkeeping issues are a misdemeanor.

Colangelo and Bragg introduced novice, unchartered legal theories by arguing that New York voters had been “defrauded” in the 2016 election by Trump’s actions. Logically, this would place the jurisdiction in federal terrain, since the allegation involved supposed campaign finance violations. To neutralize the burdensome task of overriding logistical challenges that this judicial hypothesis would present, the cooperation of the presiding judge would be a prerequisite.  

To ensure that the outcome would, ultimately, be what it was, Judge Merchan effectively prevented key witnesses for Trump’s legal team from testifying by micromanaging what the defense could ask and what the witness could answer. One such example was election law expert Brad Smith, a former member of the Federal Election Commission. This witness was most important for the former president’s case. However, Merchan’s draconian limitations would render his testimony mute. The judge demanded to previously see in writing what the likely testimony would be.

The final and fatal blow to due process and Trump’s chance of a fair hearing was the unprecedented jury instructions given by Merchan to the 12 jurors. One of the hallmarks of American jurisprudence in criminal cases is the prosecutor’s burden of having to prove guilt beyond a reasonable doubt. In other words, to render a guilty verdict, the jury must be virtually certain of the defendant's guilt. Here, the judge would leave nothing to chance. A guilty verdict required that the jurors determine, by unanimity, that Trump falsified business records with “intent” to defraud. Furthermore, the payment made to buy silence for the alleged sexual favors was part of a “conspiracy” by “unlawful means” to elect Trump in 2016.   

Merchan broke with judicial protocol and tradition and established special rules for the jury to deliberate on. The left-wing judge allowed the jury to freely decide for themselves, according to their own personal standards, what those “unlawful means” were. In other words, they were free to imagine any path possible to arrive at the “unlawful” characterization. Clearly, this judicial curse epitomizes injustice and is a mockery of the rule of law. Considering the ample manipulation of the trial in the prosecutor's favor and the fact that the jury body consisted of one of the most hard-core Democratic Party populaces in the U.S., there was no way a different outcome could have been expected.

The utilization of the American court system to persecute, silence, and keep a candidate from competing in an election is an act of despotism. The radical Left will use all its resources to stop Trump from winning the 2024 election. It should be noted, however, that if the Republican candidate were any other non-globalist, conservative, anticommunist person, they too would face similar illiberal, antisystem wrath. Republicans, Independents, and centrist Democrats must realize that the American Republic undergoing an existential threat. God willing, Trump should win in November. It will take a brave course of restorative justice to return normalcy to the U.S. Those responsible for this authoritarian power grab must be held accountable. We all know who the suspects are. No one is above the law.

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J M Shiling autor circle red blue🖋️Author Julio M. Shiling 
Julio M. Shiling is a political scientist, writer, columnist, lecturer, media commentator, and director of Patria de Martí and The CubanAmerican Voice. He holds a master’s degree in Political Science from Florida International University (FIU) in Miami, Florida. He is a member of The American Political Science Association and The PEN Club (Cuban Writers in Exile Chapter).

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