h/t David French in David Gregory and the Decline of the Rule of Law.
On the decision to not prosecute David Gregory for violating D.C.’s gun laws – even after requesting and being denied permission from the authorities:
Of course prosecuting Mr. Gregory would have been sad and — on many levels — absurd, but so is the law under which he would have been prosecuted. In fact, if absurdity were a defense to prosecutions or other adverse legal actions, an enormous swathe of our regulatory state would be swept away.
Can we even speak of the rule of law as a meaningful concept when we combine an explosive regulatory state with near-absolute prosecutorial discretion? As many others have noted, the regulatory state makes ever-more conduct — even benign conduct — unlawful, while absolute discretion grants the prosecutor the right of the King’s pardon. Overlay that legal reality with a stark red/blue divide, and the situation is ripe for the most base forms of political and personal favoritism. Glenn Reynolds (Instapundit) has been all over this issue, and I love his phrasing: “Due process when everything is a crime.”
The Left is fond of saying that through the common bonds and obligations of government “we’re all in this together.” Apparently, however, we’re not.