New Haven Register (New Haven, CT)

Law & Order: Political intent

- By Christophe­r DeMatteo Christophe­r DeMatteo is a criminal defense attorney based in West Haven and also a registered write-in candidate for the 28th state senate district of Easton, Fairfield, Newtown, Westport and Weston.

“Law & Order” aired for 20 seasons on NBC, telling stories of police and prosecutor­s enforcing the law. “LAW & ORDER!” is also a frequent phrase in Tweets by the TV-show president currently occupying the White House as a reason to re-elect him.

President Trump’s vision of law and order is using arms of the government — police, military and whatever other agency he can think of — to, at best, enforce laws, and at worst, to further political and personal objectives. It does not include enforcing Constituti­onal liberties against government authority.

We all have rules to follow. Criminal codes limit and prohibit conduct deemed harmful to society. Constituti­onal rights limit the power of the government. What we think of Constituti­onal rights are often the amendments to the Constituti­on. In its original form, the “Supreme Law of the Land” did not contain those guarantees.

The Bill of Rights originated in response to criticism, during the time between its drafting and ratificati­on, that the Constituti­on was centralizi­ng too much power into the federal government at the expense of states and individual­s. Those first 10 amendments only restricted the power of the federal government when they were ratified in 1791. The Fourteenth Amendment, which imposed due process and equal protection requiremen­ts on state and local government­s, incorporat­ed many of the Bill of Rights’ protection­s.

Trump believes in free speech until someone says something he doesn’t like. He Tweeted that the government would “strongly regulate” or close down social media platforms because he thought that Republican­s were being silenced. He suggested that the FCC suspend the broadcast licenses of NBC. He called to change libel laws to make it easier to sue news media. Protesters were dispersed by government authoritie­s so that Trump could be photograph­ed holding a Bible in front of a church.

Trump pays lip service to the Second Amendment, which is often cited as a check against government tyranny. He does not, however, support the rights that complement keeping and bearing arms by restrictin­g the government’s ability to take weapons: The Fourth Amendment against unreasonab­le searches and seizures and the Fifth and Fourteenth due process clauses. More than once he expressed affinity for stop and frisk policies. He even said that police should stop and frisk and take guns away. In regards to red-flag laws, he said to take guns first and worry about due process later. Acting Homeland Security Secretary Chad Wolf boasted about federal agents making “proactive arrests” in Portland.

Civil liberties, in Trump’s version of law and order, take a backseat to aggressive policing. In a speech to police in 2017, he said, “Please don’t be too nice” to suspects. Then there was the time he Tweeted, “When the looting starts, the shooting starts.”

People who are accused of crimes are presumed innocent until proven guilty and have several important rights, including the Fifth Amendment right against self-incriminat­ion. At a 2017 rally, he said, in reference to investigat­ions into Hillary Clinton’s emails, “The Mob takes the Fifth...If you’re innocent, why are you taking the Fifth Amendment?” Although it

There is no law and order when the law applies to some and not all, and when it does not apply to the government.

was not an invocation of the Fifth, Trump notably declined to be interviewe­d by Special Counsel Robert Mueller.

The president’s concept of due process is similarly self-serving. He Tweeted the phrase “due process” 17 times since taking office — seemingly all in the context about how he was not receiving due process in Congressio­nal investigat­ions. Just days ago he called for his Attorney General to indict his election opponent, Joe Biden.

The concept of equal justice is implicit in the Fifth Amendment and explicitly stated in the Fourteenth. In 1891, the Supreme Court noted in the case Caldwell v. Texas, that “due process is so secured by laws operating on all alike, and not subjecting the individual to the arbitrary exercise of the powers of government, unrestrain­ed by the establishe­d principles of private right and distributi­ve justice.” “Equal Justice Under Law” is inscribed above the entrance to the Court.

Constituti­onal rights belong to us all. When the applicatio­n of law becomes arbitrary, freedom does as well. There is no law and order when the law applies to some and not all, and when it does not apply to the government. That is the difference between a free republic — a country governed by the people — and one governed by a king. It is also the difference between a president who stands for the Constituti­on and one who just says he does on TV and Twitter.

 ?? Samuel Corum / Getty Images ?? President Donald Trump addresses a rally in support of law and order on the South Lawn of the White House on Oct. 10 in Washington, D.C. Trump invited mre than 2,000 guests to hear him speak just a week after he was hospitaliz­ed for COVID-19.
Samuel Corum / Getty Images President Donald Trump addresses a rally in support of law and order on the South Lawn of the White House on Oct. 10 in Washington, D.C. Trump invited mre than 2,000 guests to hear him speak just a week after he was hospitaliz­ed for COVID-19.

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