Friday, May 23, 2008

Walther out for revenge?

Walther has been, in my estimation, severely reprimanded by the appeals court - a unanimous decision voiding her judgment. It is clearly a great embarrassment, and political failure. It certainly impacts her legacy, and leaves her looking the fool on national TV.

When such things happen to humans (myself included), we tend to respond in a human way - revenge, and seek to strike out at whatever hurt us. It is the typical "fight or flight" defense, and since the judge has not stepped aside, I would suggest she is in fight mode.

Today, she heard the 14-day hearing of a set of parents. She was very careful, and said the hearing will take as long as it needs to take. She was also careful to avoid deciding the case before the long weekend, allowing the baby to stay in CPS custody another day. By taking her time, and allowing the appearance of due process, she is appeasing the appeals court, and reducing the chance that such a court will find she violated due process.

However, I fear it is all about appearance. There is no real justice. She has a fixed interest in seeing all FLDS placed in CPS custody to support her earlier ruling. There can be no real due process when the judge can unilaterally decide to support her earlier decision, and then put on a show trial.

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