How Qualified Immunity Leads To Weaponized GovernmentIf emboldened and protected government officials can weaponize the government against someone like Trump, then they can do the same to you.
By Keith Gross
April 12, 2023
Abedrock American principle is that our government is not only for but also by the people. Our founders created a system in which citizens have the power to protect themselves and the nation by acting as a check against potentially authoritarian government officials. The indictment of Donald Trump shines a light on a troubling example of how that power is being removed from the people to instead protect government officials in the form of judge-created doctrines of immunity.
Since the 1870s, American citizens have been able to use legal means to hold government officials accountable for actions that violate their constitutional rights. The knowledge that citizens could take legal action against them was a good reminder to be above reproach and serve only the people’s best interest.
But the Supreme Court has since established what is known now as the doctrine of qualified immunity and a doctrine of absolute immunity for certain officials, including prosecutors. These doctrines undermine the laws passed by Congress and shield government officials from being held accountable by the citizens they are sworn to serve, in the increasingly frequent event that they do not discharge that duty lawfully.
The effect on our government has been devastating, and never more so than now.
This legal protection from accountability has emboldened officials to weaponize the government against political opponents in ways they wouldn’t dare attempt were there any recourse available to the public.
We often see government officials engaging in questionable behavior while pushing—and even exceeding—ethical and constitutional boundaries. A prime example is the unethical behavior of Manhattan District Attorney Alvin Bragg. After campaigning on a promise to take a soft-on-crime approach, Bragg became known for minimizing the charges and reducing the sentences of offenders who posed a serious threat to the citizens of New York. But he had also made another promise—to use his power to hold Donald Trump “accountable.”
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In the case of Donald Trump, Bragg seems to have forgotten these ethical considerations, instead focusing on the immense socio-political “win” of indicting a divisive political figure. By disregarding exculpatory evidence and relying on weak legal theories to aggravate misdemeanor charges to felonies, Bragg has set the stage for significant reasonable doubt in what has the appearance of a case intended only to destroy the reputation of a disruptive citizen. He might have been more hesitant to push ethical boundaries with dubious legal tactics if he had to consider the potential for being held accountable for those questionable choices.
But because he enjoys the protection of immunity, Bragg feels empowered to push ethical boundaries and weaponize the government and judicial system against a citizen whose political opinions he dislikes. This sets a dangerous precedent that endangers every American citizen.
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Source:
https://amgreatness.com/2023/04/12/how-qualified-immunity-leads-to-weaponized-government/
