Imagine if in some local courthouse, we discover that the judges are giving accused child pornographers a free pass. The accused come into the system, get booked and then a judge finds some reason to either let them free on their own recognizance or simply drops the charges. After a while, someone notices that this sleepy little courthouse has a rather high number of people arrested for kiddie porn, but that all of them get set free on some technicality by one of the judges. The public would want some answers.
Upon further inquiry, it is learned that the head judge belongs to some weird club that thinks the age of consent is immoral, that adults should be free to have sex with children and consume child pornography. Once installed at the court house, he hired other judges from his club, as well as clerks and secretaries. The whole courthouse was full of these people. Further, the child porn people heard about it so they would travel to this jurisdiction to indulge in their fetish, knowing the local court would give them a free pass.
Needless to say, such a thing would be the scandal of the century. Now, instead of something abhorrent like kiddie porn, let’s say the secret club is composed of people loyal to some strange religion or bizarre ideology. They think the laws of the country are immoral and seek to overturn the entire legal system. Instead of operating in a local courthouse, they are targeting the Federal system. In other words, it is the same sort of conspiracy, but the motivation is ideological and the target is national.
That’s what we have happening in the Federal court system. The system is riddled with judges who belong to a bizarre political cult. They are members of a legal sub-cult that does not accept the rule of law. Instead, they think the law and the enforcement of the law should always be in support of their cult’s radical agenda. As such, they no longer abide by the law as written and refuse to obey the authority that issues the law. That is what we are seeing on a daily basis, as Federal judges revolt against the legal system.
This is not a new thing. The legendary ninth circuit out west has been a dumping ground for lunatics appointed to the federal bench by their coreligionists. Rulings come out of the ninth circuit, only to be struck down on appeal. The reason the ninth existed, was that everyone acknowledged the existence of this cult, but instead of exterminating it and its members, the idea was to keep them bottled up in specific circuits. It was like a quarantine around an infected zone. Rather than kill the afflicted, they would be isolated.
To continue the metaphor, the virus has jumped the quarantine and now the entire system is showing signs of infection. For two years the Trump administration has been plagued with federal judges who just make up rulings out of thin air. In many cases they are ruling on behalf of plaintiffs who have no standing in the court. In other cases, they are simply making up legal theories so bizarre they would get a first year law student dismissed from school on mental health grounds. The Federal bench is in revolt against the rule of law.
In this particular case, the law is clear. It’s not just US law, but international law. There is a legal process for applying for asylum. No country is required to accept anyone who does not follow the procedures. US law is crystal clear on the issue, yet this judge is making up law that is direct conflict with black letter law. This is no less deranged than if the judge stood up, stripped off his clothes and declared he is an invisible chicken and that everyone in the court must cluck in worship to him. This judge is not mentally fit.
Yet, this judge is not an exception. He is now the rule. The Federal system is full of his fellow cultists, trained in a bizarre legal theory that insists there is no law, just an unwritten ideology that is the rejection of the very basis of western civilization. The boys at FTN jokingly call it the kritarchy , but it is not a bad way to think of it. Instead of the judge being a neutral interpreter of law, as is the western tradition, the judge in this cult is a shaman, charged with reaching justice, as understood by the teachings of his cult.
Kritocracy is a system associated with pre-modern societies, in which there was no central rule making authority. Instead of a legal tradition upon which judges relied, they looked to local custom. This works well enough, it’s better than anarchy, as long as the people within the community adhere to the same customs and beliefs. The idea is to reach a peaceful result, not a legally consistent one. In a modern, rule based society, this form of legal theory is as alien as human sacrifice. It is an assault on civil order.
The thing is, the outcomes are not important here. Even if this lunatic is overruled and the law is enforced, the damage that is being done to civil order is incalculable. Every time one of these cult members gets on the bench and starts making these bizarre rulings, public trust in the legal system is eroded. We are very close to the point where a majority of people no longer think we have a legal system at all. Instead, it is arbitrary rule by robed shamans. Therefore, the law is irrelevant and the system for writing laws is illegitimate.
We now live in an age in which the Federal court says the White House cannot decide who gets a press pass, but it is perfectly OK for the banks to collude to shut you out of the financial system, because they don’t like how you voted. The law says a business can fire an employee, because he does not accept the company values, but the same business must hire a mentally unstable man in a sundress and let him watch the female employees undress. This is a revolt against rationality and reason and it can end only one way.
Getting back to where we started, the remedy for that courthouse overrun by perverts is to clear out the perverts. That’s a simple answer to a small, isolated problem. What American faces is the near total takeover of the institutions by a secular cult that is evolving into a suicidal mystery cult. Removing the believers from positions of authority will not be peaceful. Allowing their madness to run its course will not be peaceful either, as the overthrow of order can only lead to anarchy. Either way, what comes next is chaos.
As much as I have some issues with the English legal system I can only read this and be filled with anger and horror. America deserves so much better, England too (as soon as the rule of law is returned to us from Europe).
Umm – did you just become aware this was happening?
This is one of ZMan’s better columns IMHO. But it doesn’t change the fact that this subject has been broached multiple times in other venues…..
For the record – I see the corruption of the judicial system as one facet of the bureaucratic state – which itself was instituted to get around “the law” – and the way the law is made in this country.
The managerial system requires legitimacy and it achieves it through ideology. That soon turns to an opposition to the rule of law, as nothing can be allowed to stand in the way of ideology. We’re now ruled by the Cult of the Supreme Court. Everyone who goes down this road loses their head. This time will be no different.
What will happen is rulings will be ignored. When will a President pull a Jackson and tell the Federal Courts to get bent? How many decrees came out of Rome in the 400’s and were promptly ignored? It’s really worse than you describe due to the three felonies a day rule. Everything is illegal and they use prosecutorial discretion to decide who goes to prison for life. I have a friend that was offered the deal of a lifetime. Six months in federal prison or go to court and take a chance on forty years of federal prison. His crime?… Read more »
The “Jackson Moment” might well be here with this “migrant” caravan. Apparently some Hawaiian Judge has ordered that Trump must let them in the country. If he complies, it’s the end. If he tells them to get bent, it’s a different end. I thought the crisis point would come faster than people think, but this is faster than even I thought. We’re in a world of trouble right now.
The only thing that will work is for the administration to start busing the migrants into the richest neighborhoods and just letting them out. Give them tents and bedrolls, maybe some camping gear and let them set up migrant cities in rich enclaves.
Unfortunately, with the media’s full support, I think it will be a leftist president that will break the seal and tell a federal judge to get bent. The changing of the rules in the Senate could never have been accomplished by a Republican majority because the wailing from the press would have been 24/7. Long term consequences? No idea.
We have to be damned careful about where we get our info. The press cannot be trusted further than you can throw them. The judge did not exactly order the Whitehouse to give that twerp at CNN his press pass back. There was more to it than that, that the vast majority of media slobs deliberately left it out. The judge ordered the reinstatement of that press pass, AND the establishment of a code of conduct at the press conferences. In effect, he told BOTH of the parties to play nice – and if Accosta acts up again after the… Read more »
The court has no place in the process of issuing press credentials. It’s just points how toxic this lunacy is on the minds of most Americans. Rule by judge is just accepted, while rule of law is ignored.
When you say ‘there was more to it’ with approval, you have been cucked. There is NO WAY to rationally construct a “property right” to a press pass. All the pass really is is a ticket to a football game. If you cannot conduct yourself civilly at a football game, you will be removed, period. (Unless you are in Philadelphia, of course.)
Ernst Fraenkel nailed this back in the 1930s — it’s the “prerogative state.” He said that the 3rd Reich had “normative law” and “prerogative law.” Normative law was black-letter law, and you’d get real, impartial justice, even from the Nazi-est judge, if it were a matter of a speeding ticket or something like that. But when normative law conflicted with ideology, the prerogative kicked in. In their case it was a little easier — let the guy off, as normative law demands, but with the Gestapo ready to meet him on the courthouse steps — but the principle is the… Read more »
Somewhere in my travels I ran across a piece where the author compared the conviction rates of the US justice system, the Nazi justice system – and the Soviet era justice system in the USSR. The scary conclusion he came to was that the conviction rate of the US system – was close to 95% – and the Nazi and Soviet systems were some number of percentage points less than that ( I don’t remember the specifics). It should be somewhat sobering to contemplate that if you get caught up in the US “justice” system – you’re almost guaranteed to… Read more »
I just read 8 U.S. Code § 1158 – Asylum. You can too. Here’s the relevant text: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section… It sure seems to me that the judge wasn’t making this up. Perhaps there are legal twists I can’t untangle. The law… Read more »
Leonard: Note the terms “IS PHYSICALLY PRESENT IN THE UNITED STATES OR WHO ARRIVES IN THE UNITED STATES.” The key here is “IN.” If our central/national/federal government has any one purpose, it is to DEFEND the nation against invasion, attack, or intrusion of any kind. If the U.S. military and/or U.S. Border Patrol cannot keep invaders OUT, then they are useless. Once “IN,” anyone can claim asylum then commit criminal acts to avoid deportation. The fundamental question is “WHY ARE THEY ALLOWED IN AT ALL?”
I can apply for asylum. The legitimacy of the application is not assumed. The Administration gets the job of setting rules for evaluating these claims. More important, the ACLU has no standing. The court should dismiss the case on those grounds. This absurd idea that a third party with no interest in the issue can petition the court on behalf of imaginary parties is itself a mockery of the law.
Are you surprised to learn that Congress should be indicted, tried, and hung for treason?
I spent the day in the court jury pool a few weeks ago. Took the time to assess the demographics and get a take on the potential jurors attitudes. Obviously hardly anyone wants to be on jury duty but from what I have observed with interviewees and my personal conversations is this:NO ONE BELIEVES IN THE SYSTEM ANYMORE! A more jaded bunch has never existed. (oh and of course the first to be recused by the defense attorney were all older white males.) As others have said here, either Trump finds his inner Jackson and makes a stand or much… Read more »
“Further, the child porn people heard about it so they would travel to this jurisdiction to indulge in their fetish, knowing the local court would give them a free pass. Needless to say, such a thing would be the scandal of the century. ” *Should* be, not would be – this has been the situation at the BBC for decades, yet nothing curative has happened, and the organisation still gets 3.8 billion pounds p/a from a mandatory TV licence tax. No actual abuse of anybody in any way (eg ‘Rotherham’ and *many* other similar cases across the nation; 10,000-plus slaves… Read more »
We already have chaos when reason is not honored, my friend.
It’s even worse. If there were still adults in the room, Roberts would assert himself and the Judiciary would promptly rein in these nutjobs using internal controls and remedies. That they do not do so is evidence that the whole system is rotten and dysfunctional, not just a few bad apples. The good news is that we are reaching critical mass more quickly rather than the slow glide into the ditch, which is the typical method of keeping the natives from rioting. Half the country is now preparing to have a snit of indignation and the other half is moving… Read more »
The bigger context for this phenomena is even more worrying; the large majority of people in the modern world believe in magic. TV logic rules everywhere, at every level. What is there left to save, to restore? Are even 10% of the population living in the real world?
On the bright side, at least the over population problem is going to be solved…