Feehery: The criminalization of politics; The politicization of justice

As Donald Trump walks into the Manhattan courthouse to formally arraigned, voters will be stepping into the voting booths in Wisconsin and Chicago to vote in tight elections.  

What has happened to Chicago should be a cautionary tale for voters in Wisconsin and court observers everywhere. 

In the Badger State, the state Supreme Court is up for grabs, and the leading contender for the critically important swing seat, a Democrat, would tip the balance on issues like redistricting and abortion.  

Chicago is a complete mess because few have faith in the justice system in that city or in the state of Illinois; both have been overtaken by politics for years now. The state Supreme Court has been packed by leading politicos for decades. The local judicial races in Chicago are completely controlled by the Democratic political machine.  

This is nothing new and not necessarily just a Chicago thing. Certain judicial districts in Texas are notorious for inserting politics into the criminal justice system. Look what happened with former House Majority Leader Tom DeLay (R), former Gov. Rick Perry (R) and former Sen. Kay Bailey Hutchison (R), who were all indicted under suspicious circumstances to achieve political goals.  

But in this era of fierce political partisanship and polarization, where the stakes have gotten higher and the tactics have gotten tougher, when the justice system becomes completely politicized, the temptation to criminalize all politics becomes overwhelming. 

And what is the likely result of the criminalization of all politics? People who have good character and sober judgment won’t run.  

It used to be that if you lost an election, you could return to your former life or become a lobbyist. Now, you might end up in jail.  

Look what happened to former Rep. Jeff Fortenberry (R-Neb.), who is a good guy and was an excellent member of Congress, in my opinion. He ended up being convicted of a crime after an investigation conducted by an ambitious prosecutor. Although Fortenberry represented a district in Nebraska, his trial was held in Los Angeles, the same city where O.J. Simpson was found not guilty of double murder. There was no way Fortenberry was going to get a fair trial there.

Fortenberry was forced to resign in disgrace and had to pay a $25,000 fine. A promising career snuffed out, but a nice scalp for the ambitious prosecutor. 

William Butler Yeats, the Irish poet, once wrote that “the best lack all conviction, while the worst are full of passionate intensity.” 

The American political corollary would be: “The best fear criminal conviction, while the worst have nothing else to lose.”

And that seems to be where we are these days in American politics. 

In too many instances, the best avoid public service because of the circus it has become while the worst, driven by passionate intensity or a profit motive, often gladly dive into the political fray.

I don’t know how the Trump indictment will work out.  

He might be guilty of something. We are all guilty of something if prosecutors look closely enough. 

But what is on trial is less about Trump’s specific actions and what he represents to the American people. 

He is a threat to the status quo. For those who want to change America’s trajectory, smashing the status quo is not only advisable, it is urgently needed.  

For those who have a vested interest in the status quo, however, Trump must not be allowed to succeed. And that means taking him out before he gets a chance to face the voters once again.  

Using the criminal justice system to achieve a political goal may make sense to some who passionately hate Donald Trump, but it is a total perversion of our political system. 

The voters should decide these matters, not some liberal prosecutors with a political agenda. 

Feehery is a partner at EFB Advocacy and blogs at thefeeherytheory.com. He served as spokesman to former House Speaker Dennis Hastert (R-Ill.), as communications director to former House Majority Whip Tom DeLay (R-Texas) and as a speechwriter to former House Minority Leader Bob Michel (R-Ill.).