Refusal to Prosecute Anti-Abortion Laws Highlights Whim Powering Legal System

Goya, Saturn Devouring His Son,
painted sometime between 1819-1823.
The image represents America today,
as judicial cult deliberating in secret has
decided women no longer have autonomy
over their bodies. The Supreme Cult seeks
other victims, amid warning, no criticism.

Commentary: Prosecutorial Discretion and Liberty

Madison, Wisconsin — Many citizens read the news that Wisconsin Attorney General Joshua Kaul (D) declared his office will not investigate or prosecute woman for abortion-related 'offenses' with approval.

Kaul made his intentions to refuse enforcement of Wisconsin's 1849 ban on abortion following oral arguments of Dobbs v. Jackson Women’s Health Organization in Dec 2021.

The Supreme Court decision on Dobbs will soon eviscerate reproductive liberty as the judiciary jettisons its station as a Court of law.

"Even if courts were to interpret that [1849] law as being enforceable, as attorney general I would not use the resources of the Wisconsin Department of Justice either to investigate alleged violations of that abortion ban or to prosecute alleged violations of it," Kaul said in an interview with the AP.

Sen. Ted Cruz (R-Texas) claims to be outraged by Kaul and other DAs and attorneys general vowing to refuse to enforce anti-abortion laws.

Republican justices on the nonpartisan Wisconsin Supreme Court will interpret Wisconsin's 1849 ban as enforceable after Republicans on the nonpartisan United States Supreme Court hold women no longer have reproductive liberty.

Kaul was criticized for his abortion-law position by his Republican opponents for attorney general — Fond du Lac County District Attorney Eric Toney and State Rep. Adam Jarchow (R- Balsam Lake) in the AP piece.

"I am proudly pro-life and I will defend the police and defend our Wisconsin laws, including our abortion ban, if allowed," said Fond du Lac County District Attorney Eric Toney (R).

Adam Jarchow said that Kaul is a failed leader for his stated refusal to enforce criminal law. "[W]hile it’s disappointing that he says he will not follow the law, it’s not surprising," said Jarchow.

Some Wisconsin laws are more worthy of being followed and enforced than others.

Fast-forward five months to May 2022 and Jarchow is excoriating his Republican Primary opponent, Eric Toney, for enforcing Wisconsin's emergency order banning mass gatherings in 2020 (Opoien, The Capital Times). Republicans on the Wisconsin Supreme Court decided the ban was illegal.

But there is no rule of law to be found among prosecutors and judges.

Prosecutorial Discretion

Advocates for the wrongfully convicted continue to blast Attorney General Joshua Kaul for his political decision not to employ prosecutorial discretion in the DOJ's ludicrous crusade to keep those whom the State knows to be innocent in prison in post-conviction litigation, (see Steven Avery Motion to Stay Appeal and Remand, includes new eyewitness affidavit. April 12, 2021; Steven Avery Legal Filings - Updates;  State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288 Wisconsin Democrats Block Exoneration Seekers.)

Advocates for the exonerated Black Lives Matter protesters in Madison similarly blasted the Democrat-led Dane County District Attorney’s office for changing its charging standard in two bizarre Black Lives Matter cases to accommodate a racist Democrat State Senator, Tim Carpenter (D-Milwaukee).

Prosecuting charged law-breakers is determined by politics, increasingly so.

And the judiciary is a politically charged branch of government that hides behind black robes and pretension.

The rule of law is the product of the personal whims of officeholders. Refusal to acknowledge this reality gives prosecutors (and judges) political cover.

Liberty and the rule of law are little more than political slogans of two corrupt and destructive politcal parties.

And prosecutors, in the words of Robert Jackson, are potentially the worst threats to a civil society.

"While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst," writes Robert Jackson in The Federal Prosecutor.

As prosecutors lie and posture to the public to no accountability, Jackson's warnings speak loudly today.

It's imperative to refuse to enforce unjust law such as bans on abortion animated by a dishonest judiciary engineering its unpopular, anti-liberty agenda in secret, as the U.S. Supreme Court proceeds.

Gap between government and the people

The fact of the matter is the enormous power of the prosecutor to direct state violence has corrupted entire professions, and the judiciary, as these super cults become focused on destroying liberty.

As the liberty of an entire class of people stands on the brink of elimination by black-robed cultists, we should consider the words of Milton Mayer, They Thought They Were Free: The Germans, 1933-45, (University of Chicago Press. ©1955).

"What no one seemed to notice was the ever widening gap ... between the government and the people."

"What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand."...

This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter."

The prosecutor, the judiciary and the legal system as a whole have turned into a remote and destructive force that, even as the system's nature and effect become more obvious, cries out in response that the real danger is public criticism and calls for transparency.

We need massive reform on the power of the prosecutor and the judiciary as institutional narcissism working for totalitarian movements now feeds on the public with renewed appetite.

But even casual observers must know in their hearts, reform is not possible. Only massive civil disobedience and general strikes can save liberty today.