I think you mean "punished." Indictment simply means "charged with a crime" or accused.

People think Rule of Law requires that all people who break the law get punished. Nope. Let me explain.

A government needs a source of authority . . .
. . . sociologist Max Weber outlined 3 sources of authority.

The first traditional. This is the authority underlying monarchies.

Second is rule of law. This is the authority underlying democracy.

Third is what he called "charismatic leader."
Today we'd say "demagogue" or "strongman." This is the source of authority underlying fascist governments.

So if the source of authority is a body of law and not the whim of a king or the commands of a strongman, you have a democracy.

When rule of law breaks down . . .
. . . it means that the authority underlying government is no longer the law but something else.

The idea that all lawbreakers must get punished for there to be rule of law flies in the face of due process.

Again, let me explain . . .
You have the right to be free from unreasonable searches and seizures. That's in the Constitution. So if you are indicted and the only evidence against you was gotten through an illegal search . . . you walk free

Well, provided you have a good criminal defense lawyer 😆 . . .
Rule of law means a constitution, which means individual rights, which brings us to an idea that informs our criminal justice system: It's better to let a guilty person walk free than imprison an innocent one.

I'd like to make 2 points. (If you're still with me, you get a 🏆)
Rule of law will not be "restored" by punishing Trump. Because Trump was removed from the White House, we still have rule of law because we don't have a king or a strongman making the rules.

Also punishing Trump will not end the threat of fascism.

So I guess I have a third. . .
It's super easy to utter what I call "rage-inducing simplifications."

It can be done in a tweet.

The truth is more nuanced and takes more work to put forward.

That's why truth loses.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Teri Kanefield

Teri Kanefield Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @Teri_Kanefield

Feb 3
Screenshot so I don't give airtime to people who trade on despair, even though it seems stingy of me to deny people such an easy route to popularity and attention.

Facts:

🔹Nobody knows what is happening inside the DOJ except people who work there.

1/ Image
🔹People who speculate on what is happening based on evidence are, well, speculating.

🔹One problem is distinguishing fact from speculation.

🔹Here's the shocker: Just because someone is a well-known lawyer doesn't mean they are right when they speculate.

2/
🔹Another shocker: Not all lawyers are smart or good lawyers.

🔹It can be very difficult to distinguish legal facts from legal opinions. If you're a nonlawyer, this is harder than distinguishing facts or speculation.

Some things are legal facts. Others are legal opinions.

3/
Read 15 tweets
Feb 2
Person: There should be indictments by now!

Me: 768 indictments so far, including Steve Bannon and a recent indictment for seditious conspiracy. . .
in an investigation that is ongoing. . .
in less than a year, during a pandemic.

Person: NONE OF THOSE COUNT.
⤵️The Trump Org, Paul Manafort, Michael Flynn, Allen Weisselberg, George Papadopoulos, Rick Gates, George Nader, Michael Cohen, Lev Parnas. . .

Two impeachments.

The Mueller team indicted or got guilty pleas from 34 people and 3 companies.

But none of those count, right?
Wrong about what?

I've said what has happened already.
I make no future predictions.

Person #1: There have been no indictments.

Me: Yes there have been (and I list them)

Person #2: Will you admit you're wrong?

Read 27 tweets
Feb 1
Read this announcement carefully.

I doubt Trump wrote it, but the argument is "why do they need to pass a law against what we tried to do if what we tried to do was illegal?"

This is the attitude he has always had toward the law, and it's the attitude his father had.

1/
I'm not saying this will work as a defense.

As I said earlier, in the criminal context, most defenses fail (ask any criminal defense lawyer).

I'm saying that it's not an admission of guilt. It's a convoluted argument that what he wanted Pence to do wasn't illegal.

2/
In fact, the law that Democrats and a few others are trying to pass is to clarify the Electoral Count Act so people don't get the idea the vice president can win the election.

As I said earlier, Trump usually loses in court.
This is for the Court of Right-Wing Opinion.

3/
Read 5 tweets
Jan 31
Outrage is not productive. I'd wager that the only people who think it is, are those who profit from outrage in some way.

Take FOX. Their business model is to keep their viewers glued to the screen with fear and outrage.

I'd say it's counterproductive . . .
. . . when you're spinning with outrage, you can't think or plan. Too much outrage leads people to think it's all hopeless, which leads to cynicism, which leads to nihilism.

In life-threatening emergencies, cool heads save lives . . .

terikanefield.com/things-to-do/
The question is: How do we save democracy?

Do we jump to conclusions from headlines and keep everyone spinning with outrage?

Or do we plan how we can get more Democrats into office in the 2022 elections?

terikanefield.com/things-to-do/
Read 6 tweets
Jan 31
People, people, people.

To begin with, Trump is a total liar. I am not denying that.

But instead of reading a headline that announced that Trump committed perjury and demanding prosecution, let's look a little closer.

(Although I hate to take away everyone's fun)

1/
The headline says this⤵️

What happened was this. Mueller wanted to question Trump in person, but Trump refused because he wanted to avoid a "perjury trap" . . .

2/
Instead, Trump submitted written answers through his lawyers. nbcnews.com/politics/donal…

The answer he submitted was basically "I don't recall."

3/
Read 20 tweets
Jan 30
This is how he will create the narrative that any prosecution is political. For Trump, the truth doesn’t matter. What matters is that enough people believe it.
This defense won't matter in court, but Trump always loses in court.

He will create the narrative which the entire right-wing will believe.

People need to understand what is coming.
The idea that prosecuting Trump will put an end to the threat of right-wing fascism in America is pure fantasy.

That fantasy now takes the shape of "if he had been prosecuted sooner none of this would be happening."

The same people said, "Impeach him to end this nonsense!"
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

:(