Tom Delay and Lady Justice

Published: Friday, Oct. 21, 2005 9:51 a.m. MDT
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The great American "mug shot" that shows up on police blotters is hardly a work of art. Compared to some of them, drivers' license photographs appear to have been shot by Busath. Celebrities know the horror better than most. Still, those mug shots do send a message: Nobody is above the law. In a police mug, the bum and the billionaire, the drunk and the opera diva are all the same.

Such a thought must be in the mind of Tom Delay, one of the most powerful legislators in the nation, as he gets "ready for his close up" at a Texas police precinct. Delay's crimes are just alleged at this point. And his promotional spots on talk shows have indeed raised questions about selective prosecution. But his little photo session points up a truth that all Americans would do well to remember.

When the Pledge of Allegiance says "justice for all," it is not only referring to the outcast and disenfranchised who in other nations have no recourse to justice, it refers to anyone — movie star, mogul or congressional mover — who gets flying high and feels he has risen above the lowly machinery of the American judicial system.

As every grade-schooler used to know, Lady Justice is blind so she can't tip the scales one way or the other. And that rule of law is what always has separated America from the tyrannical regimes of the last century and the ugly despots who currently prowl the continents of Africa, Latin America and Asia. Americans don't need a "patron" — a person in high places to watch out for their best interest. They have a document, The Bill of Rights, to do that. Principle — not people — is the bottom line when it comes to criminal cases.

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And Americans take a certain pride in that "leveling process." They like to see the disadvantaged have their day in court (think "To Kill a Mockingbird"), and they like to see the haughty brought to heel (think "Columbo"). When citizens get too low on the totem pole — or too high — society likes to rein them in.

Tom Delay, as a congressman, knows such things, of course. And he knows he's now in a position where twisting arms and calling in markers will do little good. He knows if he is acquitted, the country will declare that justice has been served and he will be exonerated. America lives by the law. But he also knows the nightmare that awaits should the verdict go the other way.

It can feel like a helpless position for an individual. For America itself, however, it has proven to be the most powerful position in the world.

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