Sunday, July 23, 2023

"You Bumped Me So I Can Shoot You"

 

I suppose great minds think alike. I was going to propose an extreme hypothetical to illustrate Republicans' quota system for criminal justice, but Patterico beat me to it.

Patterico is that decidedly rare bird -- a genuine anti-Trump conservative.  He is tough on crime, skeptical of allegations of police brutality, opposed to affirmative action, cancelling student loans, most economic regulation, and all things California. He hates FDR and loves Calvin Coolidge and is deeply skeptical of all present-day Democratic politicians.  He is also a Russia hawk, a firm believer in the rule of law, and an implacable Trump opponent.  When Republicans whine about a "two tiered justice system," I call it quota justice.  Patterico calls it the "You bumped me so I can shoot you fallacy."

Move #1: Take an opponent’s arguably provocative act and declare it to be intentionally evil; and

Move #2: Propose a wildly disproportionate response to that act, and justify it by pretending that the “provocation” and the wildly disproportionate response are equivalent. Describing both at the highest level of generality possible (“they are both acts of violence”) is an excellent aid in drawing such false equivalencies.

To understand why the two sides are not equivalent and why the complaints of weaponized justice don't hold up, Patterico proposes the following hypothetical:
Ask yourself this: how would you feel if, after Jack Smith gave his short statement about the indictment, Biden followed it up with a speech declaring that he had ordered Smith to seek the indictment, because it was high time that a president personally see to it that evil men like Trump get what’s coming to them. At which point Biden led the crowd in a chant of “lock him up.”  I think everyone would be appalled.

And he points out that Trump supporters can't justify their determination to seek revenge on Democrats as a "reaction" to Trump's indictment because Trump supporters were chanting "Lock her up" well before there was anything to react to.

 Which leads to my admittedly extreme hypothetical, which I thought of before reading Patterico, but delayed posting until after.  Suppose Ron DeSantis sees his campaign sinking and decides that drastic measures are needed to revive it.  He has tried being more pro-COVID and more anti-woke than Trump, but it just isn't getting him anywhere.  So he concludes that the only chance he has to beat Trump is to claim to be more persecuted.  And given that Trump is facing 400 years, that doesn't seem easy.

But then it occurs to DeSantis that, for all the time Trump is hypothetically facing he hasn't actually done any time at all.  He has gone through the fingerprinting and booking process and been arraigned in court, but he hasn't actually been arrested or seen the inside of a jail.  So DeSantis decides he can outdo Trump on that.

Let us suppose in my hypothetical that one day Chuck Schumer is walking down the Washington Mall in front of Washington Monument when a protestor insults him.  Schumer insults the protestor back (always a mistake), a shouting match ensues, and Schumer ends up punching the protestor in the nose and making him bleed.  Scandalous, right?  The protestor files charges, Schumer received a criminal summons, and waives arraignment, entering a paper plea of not guilty instead (that is allowed).  He ends up pleading guilty to a misdemeanor count of battery and gets a fine and restitution, but no jail time.

Naturally, Republicans everywhere are scandalized and Democrats are apologetic  Republicans demand to expel Schumer from the Senate.  Democrats block the move in favor of censure, and remove him from his post as Senate Majority Leader.  Republicans are outraged that Democrats are protecting a criminal.


DeSantis sees his opening.  He goes strolling down the Washington Mall in front of Washington Monument late on Friday afternoon, after the courts have closed, but while it is still light out.  He looks around, makes sure the police can see him, and shoots a random bystander through both kneecaps. He carefully aims for a non-vital spot to avoid any risk of the victim accidentally dying and being charged with murder.  Bystander is maimed for life and will need knee replacement surgery!  DeSantis is arrested on the spot!  Because courts are closed for the weekend, he is not arraigned until the following Monday.  (If he is smart, maybe he chooses a long weekend).   The next working day, DeSantis is brought into court and charged with two counts of mayhem, each carrying a 20 year sentence (or whatever the law is in DC).  A bitter dispute ensured about bail, with the prosecutor calling DeSantis a flight risk, but DeSantis' lawyer arguing that his highly visible job will prevent flight.  In the end, DeSantis is ordered to surrender his passport and return to Florida.

After posting a high bond (paid by adoring supporters), DeSantis calls a press conference to denounce the country's two-tiered system of justice.  A Democrat who commits an assault in front of Washington Monument gets off on a misdemeanor plea and never sees the inside of the DC jail.  Yet a Republican is arrested on the spot, jailed for several days, and facing two felony counts and 40 years!  He probably also mentions all the January 6 insurrectionists he met in jail and how cruelly they are being treated.  Clearly the Biden Administration is weaponizing the criminal justice system against Republicans!  Crowds eat it up!

No comments:

Post a Comment