Why the rule of law matters

When I am asked what films had an impact on my decision to become a lawyer, To Kill a Mockingbird is an obvious choice. I would also add A Man for All Seasons, a play written by Robert Bolt that eventually became a movie. I was so impressed with Sir Thomas More's choice to die rather than sign the Oath of Supremacy, which acknowledged King Henry VIII as the supreme head of the Church of England and recognized the annulment of his marriage to Catherine of Aragon. Because of his refusal to sign the Oath, More was convicted of treason and executed in 1535. (I wonder if I could have held to my beliefs under those circumstances.)

In that play, Robert Bolt, who was apparently an agnostic, wrote about the importance of the rule of law. When William Roper asked why More could not just sign the Oath, even if he did not believe in its contents, they had this exchange: 

William Roper: “So, now you give the Devil the benefit of law!”

Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?”

William Roper: “Yes, I'd cut down every law in England to do that!”

Sir Thomas More: “Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!”

That passage has resonated with me for my entire career. It gave me a reason to support the rights of those who I might not necessarily agree with or like. Maintaining the rule of the law was for not just their protection but mine as well. That meant standing up for those who are discriminated against now and not waiting for the discrimination to be practiced on those who were like me.

For months, I have observed the dismantling of the rule of law by the Trump Administration. Honestly, it sent chills through me as I watched Trump ignore the rule of law over and over again. Now that violation of his oath and duty as president has reached a new pinnacle. Every citizen of this country should be afraid, really afraid, as Trump has sent federal agents of DHS and ICE to act as the Gestapo in the streets of our cities - mostly Democratic-run states - to instill fear in our citizens.

From the beginning, the Black Lives Matters protests marked a change in our national conscience. Perhaps it was the fact that many of us were self-isolating from the tragic spread of COVID-19. Maybe we were facing our own mortality. Maybe we were examining our country - #1 at what? - and resisting the idea that we were going to be ruled by racism. Many felt, as I do, that we are better than this, but in striving to reach a higher level of of love and tolerance, we still had to face our racist past. For some, that was not part of the past; it is very much part of their present. I support those protests, which were mostly non-violent, because they are making a difference. Of course, there was always the fear that the protests would be taken over by others with a different agenda. Still, the accomplishments are something to be proud of.

As his ratings in the polls continue to slump, Trump has decided that he will appeal to his base and maybe others who want a law-and-order president, one who will not tolerate graffiti and damage to real property. At the express resistance of our local governments, these federal officers have shown up and exacerbated the situation. And why not? Could Trump justify sending in his Gestapo to quell a non-violent uprising of graffiti? That is hardly worth federal law enforcement stepping in at taxpayer expense.

But the snatching of protesters off the streets and whisking them away in unmarked cars by unidentified militia without probable cause is truly frightening. These actions are not done under the color of law and they are conducted in violation of the rule of law. Many laws. And, of course, they are making the situation worse, rather than quelling the protests. That simply plays into Trump's hands so he can justify the use of violence against peaceful protesters.

What about protestings who trespass on property, cause damage to personal property, or use graffiti? Law enforcement could take care of that and property owners have access to the courts to seek redress. Does it justify snatching people off the streets in unmarked cars? No, it does not. Because if we create excuses to apply the rule of law, then we are doomed, just as William Roper would be doomed in A Man for All Seasons.  

When I was very young, I wrote letters to world leaders for Amnesty International, imploring them to follow the rule of law and not simply imprison people who tried to protest. I would innocently urge them to look to our system of government where people could not be imprisoned without cause or indefinitely, and they had certain rights, even if they had committed terrible crimes. We knew of cases where individuals were snatched by their governments in the dead of night, never to be heard from again. Or their bodies would be found months later, dumped in forests or at the side of the road. I was so grateful I lived in a country where I thought that was not possible.

But it is possible now. If Trump's Gestapo is willing to beat up our citizens or snatch people off the streets without probable cause, then making them disappear may be the next step. We need to speak up!