Court-Martial Trial Practice Blog
Andrew McCarthy writes in National Review about the recent NY terror case and President Trump’s off-the-cuff comments. In a well-reasoned piece, he makes the following point.
Yet, just as law-enforcement officials must respect the policy judgments of their political superiors, the political authority must respect the need for independent administration of justice in individual cases. The president undoubtedly has the power to interfere in criminal cases that are brought under his authority. He abuses that power, though, when he fails to affirm the rule of law and the public integrity of the judicial process.
The thought is equally applicable to other politicians and government leaders, and here I’m thinking of the connection to comments about military sexual assault issues and cases. Of course, the legislature has a duty to protect society, identify what should be considered criminal conduct, and set out a process for holding criminals accountable to society. But in the process, their oath of office requires them to “affirm the rule of law and the public integrity of the judicial process.” When people decide that the law or its application is unfair (rightly or wrongly) disrespect for the law follows.