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As we saw on Jan. 6, when elected leaders defy the law, they invite their followers to do the same. Chaos reigns, the courts become powerless, and mob rule (directed by an authoritarian leader) prevails. When [Donald] Trump lambastes judges and prosecutors and promises to "weaponize" the Justice Department, judges must maintain a zero-tolerance policy for officials' (and former officials') defiance of laws and court orders and ignore their claims of persecution. Judges should continue to denounce the contempt for courts, the law and truth Republicans routinely display.
If courts do not mete out severe consequences for willful disregard of the law and attacks on the legitimacy of the courts, Trump will succeed in ripping up the foundation of our democracy. Judges simply must hold the line.
The phrase "contempt of court" often misleads persons not lawyers, and causes them to misapprehend its meaning, and to suppose that a proceeding for contempt of court amounts to some process taken for the purpose of vindicating the personal dignity of the Judges, and protecting them from personal insults as individuals. Very often it happens that contempt is committed by a personal attack on a Judge or an insult offered to him; but as far as their dignity as individuals is concerned, it is of very subordinate importance compared with the vindication of the dignity of the Court itself; and there would be scarcely a case, I think, in which any Judge would consider that, as far as his personal dignity goes, it would be worth while to take any steps.
The Code of Judicial Conduct Rule 1.2 requires that a judge "act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety." And I go back and I look to that. It is pretty high, it is really high, that a judge shall act at all times—not just sometimes when you're wearing your robe—in a manner that promotes public confidence. Public confidence. Where's the public confidence? So it is high. And even in the face of the worst thing that could happen, a sexual assault allegation; even in the face of an overly and overtly political process, a politicized process; even when one side of this chamber is absolutely dead set on defeating his nomination, from the very get-go, before he was even named; even in these situations, the standard is that a judge must "act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
We must never regard as normal the regular and casual undermining of our democratic norms and ideals. We must never meekly accept the daily sundering of our country, the personal attacks, the threats against principles, freedoms and institution, the flagrant disregard for truth and decency, the reckless provocations, most often for the pettiest and most personal reasons, reasons having nothing whatsoever to do with the fortunes of the people that we have been elected to serve. None of these appalling features of our current politics should ever be regarded as normal. We must never allow ourselves to lapse into thinking that that is "just the way things are now." If we simply become inured to this condition, thinking that it is just politics as usual, then heaven help us. Without fear of the consequences and without consideration of the rules of what is politically safe or palatable, we must stop pretending that the degradation of our politics and the conduct of some in our executive branch are normal. They are not normal. Reckless, outrageous and undignified behavior has become excused and countenanced as "telling it like it is" when it is actually just reckless, outrageous and undignified. And when such behavior emanates from the top of our government, it is something else. It is dangerous to a democracy. Such behavior does not project strength because our strength comes from our values. It instead projects a corruption of the spirit and weakness. It is often said that children are watching. Well, they are. And what are we going to do about that? When the next generation asks us, "Why didn't you do something? Why didn't you speak up?" What are we going to say?
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