THE RULE OF LAW – DOES IT EXIST?

With the recent announcement of the federal indictment of former President Donald J. Trump, Special Counsel Jack Smith stated: “Adherence to the rule of law is a bedrock principle of the Department of Justice, and our nation’s commitment to the rule of law sets an example for the world.” Mr. Smith was appointed Special Counsel to investigate Trump on November 18, 2022, so this investigation took less than seven months.

Meanwhile, the Department of Justice has been looking into Hunter Biden’s business and personal influence peddling, along with his tax affairs since at least 2018; and the infamous laptop that the FBI had since December 2019, was exposed to the public by the New York Post in October 2020, which was purposely and falsely deemed “Russian disinformation” by 51 so-called U.S. Intelligence Experts, whose sole purpose was to influence, or rather rig, the 2020 presidential election in favor of Joe Biden, with the assistance of the mainstream media and social media!

Do you still believe that the 2020 Presidential Election was fairly decided… history may yet vindicate Trump’s “Big Lie” as a legitimate conspiracy to defeat Trump, at all costs, by the Deep State, the Democrat Party, and the mainstream media. Everything the Deep State and the mainstream media has accused Trump of the Biden Crime Family has done, e.g., “the Biden family bagged some $31 million from individuals with direct ties to the highest levels of Chinese intelligence.” What products or services did the Biden’s provide… maybe political influence and access to top-secret documents…

Once Joe Biden was elected, the DOJ appeared to try and bury Hunter Biden’s investigation for several years until early 2023 when the Republicans took control of the House of Representatives. Unlike President Trump — who was indicted in less than seven months— the Hunter Biden investigation was slow-walked for over five years. Among many other possible charges, rather than an indictment for Tax Fraud and Money-Laundering, with a maximum punishment under USC § 1957 of $500,000 or twice the amount of money laundered, whichever is greater, and up to 20 years in prison for each count, the DOJ worked out a plea deal.

A conviction under USC § 1957 for Tax Fraud and Money Laundering could put Hunter Biden in jail for the rest of his life and cost him well over $5,000,000 in fines. In addition, there are several possible unspeakable crimes documented on Hunter’s laptop, along with possible conspiracy, sedition and/or treason charges, i.e., “adhering to [United States] Enemies, giving them Aid and Comfort [China].” Article III, Section 3.

Then there is the argument, that many want us to believe, that the DOJ could not go back farther than 2017 because the Statute of Limitations has run out; NOT SO, the IRS can audit you for three years, six years and in some cases, forever! If your return includes a “substantial understatement of income” say 25% of your gross Income was understated, the IRS can go back six years. In addition, if you have never filed a return or file a fraudulent return, the IRS has no time limit, which would appear to be the case in Hunter Biden’s situation, i.e., for failure to file returns in 2017 and 2018; and over 150 suspicious wire transfers from offshore, including transfers from China and Ukraine.

Since the Attorney General, Merrick B. Garland, who is in charge of the Department of Justice, works for Hunter’s Dad, President Joe Biden, more commonly known today as the “Big Guy”, instead of bringing a speedy indictment — like they did against former President Trump — after over five years of slow-walking, they worked out a misdemeanor plea deal, which appears to allow Hunter Biden to avoid jail time.

Obviously, the Democrats, the mainstream media, and the Biden Administration are hoping that this plea deal will sever any connection to the President himself, since, as they want us to believe, the Attorney General and the Department of Justice are completely independent from the Executive Branch or President Joe Biden. Back in April 2013, then Attorney General Eric Holder stated, “I’m still the President’s wingman, so I’m there with my boy [Barrack Hussein Obama].” Despite what you hear from the mainstream media every day, it certainly appears that AG Garland has been “there with [his] boy [Joe Biden].”

On May 12, 2023, Special Counsel John H. Durham issued his scathing 300-plus page “Report on Matters Related to Intelligence Activities and Investigations Arising Out of the 2016 Presidential Campaigns,” specifically concluding that the alleged Trump-Russian collusion was indeed a hoax and the Mueller Investigation, which lasted about 2-years and cost at least $32 million, should have never been authorized. Basically, the Clinton Campaign, the Democratic Party, and certain high-level members of the Federal Bureau of Investigation (FBI), the Central Intelligence Agency (CIA), the National Security Agency (NSA), and the Executive Branch, including then President Barrack Hussein Obama, in cohorts with the mainstream media and social media platforms (e.g., Facebook, Twitter, etc.), worked diligently for four years to take-down then President Donald J. Trump.

Some possible charges come to mind that should be explored resulting in an indictment of ALL the scoundrels involved in the “Russian Hoax” or “Witch Hunt” against former president Donald J. Trump: Seditious Conspiracy; Rebellion or Insurrection; Subversive Activities; and Treason. Maybe something as simple as fraud, perjury, violation of Trump’s 4 th and 5 th Amendment Rights, and violation of their oaths to uphold the U.S. Constitution, along with civil or tort charges to reimburse Trump and the American Taxpayers for all the time and expense incurred trying to fraudulently take down a duly elected president and high-level members of his campaign and executive staff, including the costs that Trump and others incurred to defend themselves. In addition, what about punitive damages?

Hillary Clinton was right when she stated, “Our Constitution enshrines the rule of law, freedom of worship and expression,” [2] but, then she continued, “we cherish these values too.” Yeah, right!? The Clinton’s, like the Bidens, became extremely wealthy through their political career and so-called public disservice. See Clinton Cash by Peter Schweizer.

Hillary Clinton deliberately started the erroneous Russian-Collusion Hoax against Donald J. Trump and President Barrack Hussein Obama knew about it BUT, did absolutely nothing to stop the investigation, which cost American Taxpayers over $40 million (Mueller Investigation and Durham Investigation).

President Trump’s indictment is tantamount to the statement made by Stalin’s Head of the Secret Police, “Show me the man and I’ll find you the crime.” If the DOJ truly believed in fairness or equal justice under the law, an indictment of Trump would also be followed by indictments of Hunter Biden, Barrack Obama, Hillary Clinton, and every other person involved in the Trump-Russian Collusion Hoax.

At this point, it looks like the Biden Administration has weaponized the federal government against everyone that does not agree with their policies, in particular, Trump; and can do so because the laws are “so voluminous” and their meaning arbitrary.

The father of our Constitution, James Madison, stated, “It will be of little avail to the people that the laws are made by men of their choice if the laws be so voluminous they cannot be read, or so incoherent they cannot be understood.” Thomas Jefferson, wrote, “Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.”

Therefore, today, the “rule of law” does not exist… we are ruled by the power-elites that control our government and their minions in the deep state.

Let’s look at the history behind the concept of “the rule of law” and what it really means. For most of recorded history, humankind has been ruled by kings or tyrants. This “Old World” philosophy or belief system states that all rights came from the king or government. The ancient Celts and Scots were the first to challenge this belief system when in 1320 the clergy and great barons sent a letter to the Pope, known as the Declaration of Arbroath, expressing the people of Scotland’s desire for freedom and the right to choose their own government.

In 1776 Americans announced to the world that “the rule of law” supplants “the rule of kings.” With the ratification of the Constitution of the United States in 1789, “the rule of law” was becoming increasingly important for the American people. With the adoption of the civil war amendments abolishing slavery, the United States was fast-approaching the realization of “the rule of law” for all of its people.

Then, in 1913, the beginning of the end for “the rule of law” was set in motion. With the ratification of the Sixteenth Amendment, granting Congress the power to tax all incomes, from whatever source derived, all the other Constitutional “checks & balances” were made practically worthless in protecting the inalienable rights to life, liberty, and property. In addition, the Seventeenth Amendment was ratified that same year, taking power away from the States by providing for the popular election of U.S. Senators. And, the final blow was struck that same year with the passage of the Federal Reserve Act, creating a central bank, allowing those in power the ability to access an unlimited source of debt-financing for all of their pet- projects, schemes, and ambitions.

The laws we have in place today are designed to change behavior and control the masses. And, if the State is not able to modify your behavior, it will use these voluminous and ambiguous laws to take your property and incarcerate you. There are over 4,500 federal crimes on the books and 400,000-plus rules & regulations. [3]As John Whitehead stated, “It is estimated that the average American actually commits three felonies a day without knowing it.” And, according to law professor John Baker, “There is no one in the United States over the age of 18 who cannot be indicted for some federal crime.” Under these circumstances, “the rule of law” is an illusion used for propaganda and indoctrination purposes. [4]

We made progress by going from “the rule of kings” to “the rule of law” in 1776. But now, we have come full circle; back to the “Old World” view and “the rule of kings.” The power-elites that control government and every aspect of our lives no longer call themselves kings; for even the most ignorant of the masses might suspect something may not be right. If we capitulate, they allow us to vote for our masters who enslave us. They even encourage the properly schooled and indoctrinated to join them and participate in the plunder of their fellow citizens. This allows the fraud to continue unabated.

Thomas Jefferson defined rightful liberty as “unobstructed action according to our will within limits drawn around us by the equal rights of others—I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.” As explained by Jefferson, “the rule of law” does not exist when individual rights are violated as they are today.

Freedom, liberty, and “the rule of law” are still enshrined in our founding documents and although these terms are frequently used suggesting that they exist for all Americans, they are practically meaningless. As Frank Chodorov wrote in February 1954:

“Tradition has a way of hanging on even after it is, for all practical purposes, dead. We in this country still use individualistic terms—as, for instance, the rights of man—when, as a matter of fact, we think and behave in the framework of collectivistic doctrine. We support and advocate such practices as farm support prices, social security, government housing, socialized medicine, conscription, and all sorts of ideas that stem from the thesis that man has no rights except those given him by government.” [5]

“Despite this growing tendency to look to political power as a source of material betterment and as a guide to our personal destinies, we still talk of limited government, state’s rights, checks and balances, and the personal virtues of thrift, industry, and initiative. Thanks to our literature, the tradition hangs on even though it has lost force.”

The experiment in individual freedom and limited government, which was begun by our Founders, along with the concept of “the rule of law,” has been reversed. As explained by Robert Higgs:

“One need only open one’s eyes to the clear historical trend. The United States verges ever closer to totalitarianism, yet at every moment the bulk of America’s people and most intellectuals insist that we live in a free country . . .”

“In 2010 alone, federal regulatory agencies issued 3,573 final rules—a fairly typical number in recent years—and the Federal Register reached an all-time high of 81,405 pages. Each year state and local governments add countless rules, regulations, and ordinances of their own. Very few such rules are ever repealed, so the total number of them grows steadily greater. A standard compilation of federal tax rules, regulations, and IRS rulings, for example, contains 72,536 pages, most of which only a tax lawyer or tax accountant has any chance of understanding, although every taxpayer bears the risk of penalties, fines, and imprisonment for violating them.”

“The United States is a dreadfully unfree country, all things being considered, and it is becoming less free all the time. The little patches of freedom that remain, scattered here and there, are too few and too insignificant to refute this generalization.”

“For a very long time, [Americans] have rested content with the Myth of the Land of the Free; they have accepted creature comforts, lavish entertainments, and the illusion of security as good substitutes for living in a free country. Such disregard of reality allows them to drift steadily toward a whirlpool of tyranny from which they will be unable to escape.”

The concept of “the rule of law,” which existed roughly the first 150 years of our existence, is now an illusion. The phrase, “the rule of law” is often repeated by the political class and academia, suggesting a meaning that, sadly, no longer exists. This is a fraud perpetrated against the American people by the power-elites that control government.

There is still hope… To reverse this trend towards totalitarianism and re-establish “the rule of law,” the first thing we need to do is vote the socialists, mostly Democrats, out-of-office in November 2024, i.e., do not vote for anyone that wants to raise taxes, increase spending, or increase regulation. We need to remove power from Washington, D.C.— please sign our Petition, Abolish IRS— and bring it back to the States. Just as important, we must separate Education from State and get rid of compulsory-schooling.

Find more positive solutions in my newest book, Freedom vs. Democracy : The Supreme Court May Be Our Last Hope eBook.

We all must work together — beginning in our local communities — to save our great country, making America great again, or as President Ronald Reagan referenced in his farewell address, “to restore America to her role as a shinning city upon a hill.”

Dum Spiro Spero—While I breathe, I hope.

Slainte mhath,

Robert G. (Mike) Beard Jr., C.P.A., C.G.M.A., J.D., LL.M.

1 Each Jeffersonian Group, LLC (www.jeffersoniangroup.com) publication is intended solely for information purposes and is not intended nor does it purport to provide legal, tax, individual investment advice, estate planning advice, medical advice, insurance, or business advice. In addition, information and analysis is compiled from sources believed to be reliable but such accuracy cannot be guaranteed. Readers should do their own research and consult with expert medical, legal, tax, insurance, business, and financial counsel before taking any action. Copyright © 2023 Jeffersonian Group, LLC

2 You may want to read, Freedom vs. Democracy, available through our website and Amazon.com.

3 There is absolutely no reason to have all these federal laws and regulations that infringe on individual freedom and make a mockery of “the rule of law.” In 1995, Professor Richard A. Epstein published his thesis, Simple Rules for a Complex World… If I recall correctly, there were six basic rules, not over 400,000!

4 The U.S. Department of Justice, particularly under the Obama Administration, had a history of hiding evidence and charging people with non-existent crimes. See Sidney Powell’s Licensed To Lie, Brown Books Publishing Group (2014). The Biden Administration has picked up where the Obama Administration left off!

5 If rights come from government, as the liberals in academia believe, we are all slaves to those in power. If government grants rights, those in power can take them away; and, under this philosophy, “the rule of law” has been thrown out the window and we are back to “the rule of kings” or, the more modern version, “the rule of the power-elites who control government.”