Equality before the law has been compromised in two of the world’s putative great democracies: the United States and Israel

HALIFAX—In America, the law is king, the king isn’t the law. That sentiment was expressed by 18th century English-American political philosopher and pamphleteer Thomas Paine. He wanted to persuade his fellow colonists that it would be better to break way from England and form a republic, a view he successfully advocated in his famous 47-page tract, Common Sense. That pamphlet became one of America’s first bestsellers. Central to his thinking, Paine espoused the rule of law, rather than the rule of a monarch. He was passionately against any form of government based on aristocracy or heredity. From the very founding of America, equality before the law, the supremacy of law over mere politics, and the law’s absolute independence, have been paramount—at least until now. Paine would be in pain today if he could see how his classic principle has been compromised in two of the world’s putative great democracies: the United States and Israel. In Israel, the government is run by a prime minister under indictment for bribery, fraud, and breach of trust, offences that could carry a sentence of more than a decade in prison if they are proven. Benjamin Netanyahu became the first PM in Israeli history to be indicted while in office. But it is not his alleged crimes that have recently put him on the front pages of newspapers around the world. After all, he has pled not guilty to all the charges brought against him in 2019, and remains cloaked in the presumption of innocence unless a court finds otherwise. So why have hundreds of thousands of Israelis taken to the streets for weeks to protest against their prime minister and his extreme, right-wing coalition government? Why have some women shown up at these rallies dressed in long, red gowns, like handmaidens from Margaret Atwood’s dystopian novel? Why have Israeli opposition members draped themselves in Israel flags during debates in the Knesset? It is because their worst fear of what might happen if an indicted person became prime minister has been realized. Netanyahu, himself before the courts, has introduced legislation that would destroy the balance of power between the legislative and judicial branches of government. If Netanyahu gets his way, politicians may soon hold the whip hand over judges in Israel, as they do in autocracies. That’s because under Netanyahu’s judicial reforms, a simple majority vote in the Knesset would be all that is needed to overturn rulings by Israel’s Supreme Court; so much for the independence of the judiciary. It's not a bad card to hold if you happen to be under indictment. Perhaps that’s why former Israeli prime minister and current opposition leader Yair Lapid has called Netanyahu’s proposed legislation a “corrupt, personalized law,” in which the current PM is “looking out for himself.” While Netanyahu has triggered mass civil disobedience in the streets of Jerusalem, with his frontal assault on the independence of the judiciary, the GOP in the United States is veering toward the same outcome. The implications of what Kevin McCarthy and House Republicans are doing is every bit as drastic, extreme, and wildly undemocratic as what the Likud party is doing in Israel. Consider the stunning developments in U.S. politics in reaction to the multiple criminal investigations into former president—and now presidential candidate—Donald Trump. House Speaker Kevin McCarthy is as hopelessly captive to Team Crazy within his own caucus as Netanyahu is to the raging right-wing extremists who made him PM. They want to “investigate” the investigators looking into the Stormy Daniels Affair. Sorry, alleged affair. Think about that. What McCarthy has ordered, and what has been supported by three GOP committee chairpeople, is dragging the district attorney of the southern district of Manhattan before Congress to answer questions about an ongoing criminal investigation! Think of it as a kind of official obstruction of justice. It would be hard to imagine a clearer case of partisan iconoclasm and overreach. Or one that strikes a potentially lethal blow to the very heart of American democracy. McCarthy and his Freedom Caucus are not just interfering in the administration of justice in a blatant and outrageous way, they are doing it in total ignorance of what the facts are in the case. As in Alice in Wonderland, it is verdict first, then the trial. These misguided zealots don’t even know what Alvin Bragg has, let alone what the grand jury intends to do with it. So what do they know? They put that in a letter to DA Bragg: “You are reportedly about to engage in an unprecedented abuse of prosecutorial authority.” The letter was signed by three GOP Committee chairmen—Jim Jacobs, Bryan Steil, and James Comer—the Curly, Larry, and Moe of the Freedom Caucus. And just how did they come to that conclusion? Exactly what moved them to so egregiously violate the independence of the judiciary and the justice system? Who inspired this partisan face-plant? None other than Donald Trump, the very subject of the Stormy Daniels criminal investigation. Trump, the politician who called for the termination of the U.S. Constitution, and all the rules and regulations that govern civil and political life in America. Trump, who made 30,573 false or misleading statements during his four years as president. And Trump, who said he was about to be arrested, which turned out to be another lie. The GOP’s war on the justice system should not come as a surprise. One of the party’s deep space, political “astronuts," Marjorie Taylor Greene, has openly said the Department of Justice needs to be “gutted," and invited others to help her in this work. All the better to “lock up” political opponents, right? Greene—who continues to peddle the malicious fantasy that the 2020 election was stolen—thinks that the heroes of the Jan. 6, 2021, riot at the Capitol Hill Building were the rioters themselves, not the Capitol Hill police who put their lives on the line defending the peaceful transition of power to a new president. She even mused about visiting those insurrectionists already in jail for their crimes. What’s next, a Christmas card to Russian President Vladimir Putin? The GOP needs to wake up to the likelihood that Trump’s next photo-op might well be a mug-shot. And if they really do think that a twice-impeached, indicted presidential candidate is the ticket back to the White House, they should remember that the electorate will have the final say. In that case, Americans would do well to consider another profound thing that old Thomas Paine had to say: “These are the times that try men’s souls.” Michael Harris is an award-winning journalist and author. The Hill Times

Equality before the law has been compromised in two of the world’s putative great democracies: the United States and Israel

The GOP needs to wake up to the likelihood that Trump’s next photo-op might well be a mug-shot. And if they really do think that a twice-impeached, indicted presidential candidate is the ticket back to the White House, they should remember that the electorate will have the final say.

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Equality before the law has been compromised in two of the world’s putative great democracies: the United States and Israel

The GOP needs to wake up to the likelihood that Trump’s next photo-op might well be a mug-shot. And if they really do think that a twice-impeached, indicted presidential candidate is the ticket back to the White House, they should remember that the electorate will have the final say.

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