By James B. Ewers Jr. Ed.D.
Some years ago, I testified in a court of law. My testimony did not make or break the case. I was what you would call a character witness.
Over the years, I have been an observer of the court system and how it dispenses justice. There are some cases and trials that have caught my attention. I have investigated the facts that I have read and added my own perspective to it.
In adding my perspective, I have made it a point not to ignore the facts. It has always been my thinking that common sense could bring about justice and fairness.
However, using this approach is probably not going to win too many cases, especially these days.
I would also opine that com- mon sense was left out of the equation back in the day as well. There have been enough cases involving innocent people that were sent to jail because of inadmissible evidence.
Verdicts of guilty were announced, so case closed, and everyone went home except the accused. Still, we have seen cases overturned because all the facts were not used, and common sense was applied.
Does judicial discretion over- ride the facts and the law? I guess it depends upon who you ask. For example, much has been said about President Biden’s opponent and his legal woes. He has been found guilty of breaking the law.
The wheels of justice grind slowly and even slower for this Republican nominee for president of the United States of America. His mantra has been delay, put-off, postpone and re-schedule.
His lawyers have put this into practice. Has it worked? The answer is yes. They go from court- room to courtroom using this strategy as their bridge over troubled and murky waters.
He and his legal counsel are banking on the United States Supreme Court to clear him. This is my opinion. In a ruling last week, Chief Justice John Roberts wrote in his majority opinion, “The president enjoys no immunity for his unofficial acts, and not everything the president does is official. The president is not above the law.”
Since this ruling was made, it has America in a quandary. This is my opinion. What the then president did on January 6th incited a riot in Washington DC. This unprecedented act has been the subject of much debate.
Some legal scholars believe that his lawyers will use the SCOTUS ruling to justify his behavior and actions. Fordham University Law Professor Cheryl Bader said, “I think this is a major hurdle for the prosecution. This is a real gut punch.”
In the 6-3 SCOTUS vote, dissenting Supreme Court Justice Ketanji Brown Jackson said, “If the structural consequences of today’s paradigm shift mark a step in the wrong direction, then the practical consequences are a five-alarm fire that threatens to consume democratic self-governance and the normal operations of the Government.”
The president is not the king as our system of government is not set up that way. There is a checks and balances system in the United States of America. Does this ruling affect this long-standing system? The short answer is that we will just have to wait and see.
America may be at a tipping point as elections and those who run for office will become more scrutinized. My crystal ball is telling me that the court system will play an important role in our elections in the future. Despite this, we must go out and vote in November in record numbers.
We still have the final say in who becomes the next president of this country. Our vote is a powerful tool in making our voices heard. Let’s use our vote and our common sense to make a difference.
Dr. James B. Ewers, Jr. is a longtime educator who hails from Winston Salem, N.C. Ewers is a life member of the NAACP and a member of Alpha Phi Alpha Fraternity. Dr. Ewers is a member of the CIAA Hall of Fame.
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