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There is no equal justice under the law

The Constitution says there is equal justice under the law. It should be, but it isn’t, and it is easy to make a case for it. Unfortunately, there doesn’t seem to be a solution for it. Due process is mentioned in the Bill Of Rights and again in an amendment. It sounds good and would be if it was followed.

The recent attacks by the Dark Side in Washington DC and the SAFE Act in New York are perfect examples of the discrepancy of the process used in legal practices. In both places (and other places in the country) an accusation or report is as good as a conviction for losing rights.

An example of the SAFE Act is that a person can lose four constitutional and civil rights on a false report by a medical facility or certain personnel. 0ne loss is the right to keep and bear arms. A false report goes to the Department of Mental Health, they report that a person was an involuntary admission to the hospital, or some person puts on the report that in their opinion the patient is a danger to himself or others. When that false notification is given to the State Police, the person is trapped.

They are trapped because almost immediately, if they have a pistol permit, the County Clerk is notified to suspend the permit. There is no due process so the person involved has no opportunity to dispute the claim. The person is also reported to the FBI and is put on the NICS report which is used to do background checks to purchase firearms. Being on that list prohibits the person from owning a gun.

If a person does not have a pistol permit, they don’t know that they are on the list unless they try to purchase a gun. It can also be a problem if they are arrested and the police discover they are on the list. The person might be arrested for a misdemeanor hunting violation and then find out he is guilty of a federal felony.

The state does not inform the person that they have been put on the list. Ignorance of the law is no excuse and they can be charged from a state misdemeanor to a federal charge of “illegal possession of a firearm.”

There has not been a publicized case where this has happened yet, but with a governor in New York who hates guns and honest gun owners, it could happen.

Wnen a person finds out he or she is on the list, it is almost impossible to get off. Many have tried and few have been successful. The state obviously has no interest in correcting their mistake and refuses to amend the law to prevent this from happening. Andrew Cuomo loves any way possible to confiscate guns.

On that note, the Mueller investigations regarding President Donald Trump and the accusation of Russian Collusion in the presidential election is another good example. The investigation has been going on for almost two years but has yet to show any collusion. However, two people involved have been convicted of crimes. The crimes were related to income tax laws and had nothing significant to do with the collusion charges.

That is where the selective enforcement problem comes in. The investigation showed corruption by FBI members involved, and also that the FISA report was fraudulent. Hillary Clinton and the Democratic Party were involved in the dossier which they used as an important part of the process. Little attention has been given to those issues.

When side issues like breaking tax law becomes an issue, some are saying that is a way the government will put pressure on minor players to get more substantial evidence against those higher in the food chain. Some reports claim the investigators are even threatening the families of the people involved. A Russian KGB official once said: “Show me the law and I will show you the person.”

Many Russians went to Siberia with that tool. If you look at any law library, it takes a long, high wall to make a bookcase large enough to hold all the law books. Ask a lawyer or even a judge about a law, and it is quite possible that they can’t answer that beyond, “I’ll have to check on that.” Judges have staff to research laws. Lawyers have paralegals and computers to determine what a law says and means. The poor citizen gets nailed because “Ignorance of the law is not excuse.”

So, equal protection under the law is trumped by position and financial means. The wealthy and powerful get more justice than the working stiff because they can hire better lawyers and go through a lengthy process and higher courts. A lawyer once told his audience. “I will defend you to your last dollar.” It was said as a joke, but there was a lot of truth in the humor.

As for indictments, that brings us back to Governor Andrew Cuomo who is the most powerful person in New York. He wants to be considered as a presidential candidate in 2020 and is running for reelection. He is extremely wealthy and powerful. However he has some baggage relating to corruption that has scores of people saying: “Don’t elect. Indict!”

There are many stories and convictions of people close to him that bring up the subject of an indictment and a thorough investigation of these proven acts of corruption. Much sworn testimony brings up good reasons with names like Silver, Skelos, Kaloyeros, Ciminelli, Percoco and even three legislators to give enough credence to start an investigation.

As more evidence comes out, there should be a surge of complaints from the populace to demand that an investigation be given the same attention for corruption with Cuomo as they gave for collusion by President Trump. Be assured that the liberal left protects its own and this could be an uphill battle.

Budd Schroeder