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How The Trump Trial Harkens Back To A Dark Period In American Law

Author’s note: Below is a slightly expanded version of my column in the New York Post on the verdict in the Trump trial. The Manhattan case, in my view, was a raw exercise of political manipulation of the criminal justice system. It is only the latest example of the use of the justice system for political purposes and harkens back to the Adams Administration at the start of our Republic. I discuss that period in my book, The Indispensable Right: Free Speech in an Age of Rage (which is available this month).

Here is the column:

After years of trying — in the words of the judge — “to get the damned rascal in this court,” it was a conviction that many welcomed.

But those words were not from Manhattan Supreme Court Justice Juan Merchan, and the conviction was not that of former President Donald Trump.

Rather they were from US Supreme Court Justice Samuel Chase, at the end of the 18th century, when America embraced political prosecutions to target critics and opponents.

The man on trial then was James T. Callender, a muckraking writer critical of President John Adams.

For accusing politicians of corruption, Callender was charged with sedition, fined $200 and put in prison.

It was one of the many political prosecutions carried out by the Adams administration.

Undeniable reality

Political prosecutions are something most citizens associate with dictatorships.

But the Trump prosecution has forced many to confront the undeniable reality of the politicization of our legal system.

In many respects, President Biden and Democrats have re-created the Adams era.

Biden has led calls for censorship of political critics and his administration has coordinated the silencing and the blacklisting of those with opposing views.

Democratic politicians have pressured social-media companies to serve as surrogates for the government in banning, throttling and defunding individuals and groups.

Indeed, I have previously written that Biden is now the most anti-free-speech president since Adams.

The Adams era also reflected the same blind loyalty of many media outlets.

Federalist publications supported the crackdowns while echoing charges against political opponents as seditionists and insurrectionists.

Jeffersonian publications, like Callender’s, attacked Adams for his “unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice.”

The nation was divided down the middle as both sides accused each other of being traitors and insurrectionists. Sound familiar?….

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Continue reading this article at JonathanTurley.org

Image credit: Wikimedia Commons

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