Yes some people are above the law.

Once or twice a month I find myself standing with clients in front of judges. The clients have finally decided to enter into plea agreements to resolve their cases. They have done the difficult cost benefit analysis and have decided that it’s best that they enter a plea of no contest or a plea of guilty rather than take the risk of going to trial and getting convicted and getting more time in prison. 

At some point during the sentencing, the judge will announce that the plea agreement is being accepted because it meets the statutory purposes of sentencing. Also, most judges will give my clients lectures on the importance of the rule of law and how no one is above the law. 

Like all statements there are exceptions. No serious person has ever truly believed that no one is above the law. Factors like race, income, gender, and random facts like the mood of judge who sentences you have always made the criminal justice system a lottery system. Justice is not uniform or fair. We strive for that but we don’t always get there. 

I’ve been thinking a lot about this idea that no one is above the law in light of the recent news about former GOP Congressman Matt Gaetz. Over the past several years, investigations by both state and federal entities has lead to inescapable conclusion that Mr. Gaetz paid underage women to have sex with him. 

Despite this reliable evidence, Mr. Gaetz was never charged and at one point, was actually selected by Donald Trump to be the Attorney General of the United States. 

The plan to nominate Gaetz crashed and burned quickly due to strong bipartisan opposition to him being the nation’s chief law enforcement officer. 

Last week, the Florida Bar (Gaetz is a attorney licensed to practice in Florida) wrote a letter stating that it would not seek any disciplinary action against Gaetz despite findings by a Congresional ethics committed that he likely committed the crime of statutory rape.

The Florida Bar’s  rationale for this action was nothing short of shocking. The Bar committee investigating Gaetz wrote that there is no connection between the practice of law and committing the crime of statutory rape. 

The fact that lawyers on that committee were willing to attach their names to such a ridiculous argument just proves what many people have believed for quite some time. The enforcement of laws, rules, and regulations does depend on who you are and who you know. The Florida ethics rules that govern lawyers clearly state that a lawyer can be disciplined for committing a violation of local, state, or federal law. Every year the Florida Supreme Court disciplines lawyers who are convicted for driving under the influence. Clearly statutory rape is an offense that is just as serious, frankly it’s more serious than a DUI. 

Yet once again, wealth, power and influence have come together in a way to shield Matt Gaetz from the consequences of his actions. 

There’s a funny joke about lawyers. The joke states that in response to any question a lawyer will always say, “It depends.”

Well in light of how Matt Gaetz has escaped accountability I think the real answer to the question is there equal justice under the law is, “It depends.”