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The Dangers Of Unrestrained Partisanship – Above the Law

Partisans
can
make
everything
partisan.

For
example,
who
causes
a
standoff?

Both
sides.

It
takes
two
to
stand
off. If
either
side
gave
in
to
its
opponent’s
position,
there
would
be
no
standoff.  

So
who
caused
the
government
shutdown?

Both
sides,
of
course. The
Republicans
were
being
stubborn
on
issues
that
mattered
to
Republicans. The
Democrats
were
being
stubborn
on
issues
that
mattered
to
Democrats. You
might
agree
with
one
side
or
the
other
about
whose
stubbornness
was
more
reasonable,
or
which
issue
better
justified
stubbornness,
but
there
can
be
no
doubt
about
who
caused
the
government
to
shut
down: Both
sides
did.

Here’s
an
even
worse
example: Who’s
to
blame
for Rahmanullah
Lakanwal
having
shot
two
National
Guardsmen
in
Washington,
D.C.,
last
week?

Rahmanullah
Lakanwal,
of
course.

Or
maybe
you
could
break
it
down
further. Let’s
allocate
blame
as,
say:

  • 95%
    Lakanwal,
    who
    was,
    after
    all,
    the
    shooter; 
  • 1%
    Lakanwal’s
    parents
    and
    health
    care
    professionals,
    who
    probably
    didn’t
    raise
    him
    right
    and
    treated
    his
    mental
    illness
    poorly; 
  • 1%
    the
    Taliban
    and
    the
    CIA,
    who
    together
    seemingly
    caused
    some
    of
    Lakanwal’s
    mental
    health
    issues; 
  • 1%
    the
    Biden
    administration
    for
    having
    allowed
    Lakanwal
    to
    enter
    the
    United
    States
    in
    2021
    under
    the
    Operation
    Allies
    Welcome
    parole
    program
    for
    Afghans
    who
    had
    helped
    the
    U.S.
    during
    the
    war; 
  • 1%
    the
    Trump
    administration
    for
    having
    granted
    asylum
    to
    Lakanwal
    in
    April
    2025; 
  • 1%
    the
    Trump
    administration
    for
    shifting
    its
    focus
    from
    anti-terrorism
    efforts
    to
    border
    enforcement
    (if
    it
    turns
    out
    that
    Lakanwal
    was
    a
    terrorist); 
  • 1%
    the
    Trump
    administration
    for
    sending
    the
    National
    Guard
    to
    the
    District
    of
    Columbia,
    without
    coordinating
    with
    the
    local
    police
    and
    over
    local
    opposition,
    for
    the
    political
    purpose
    of
    trying
    to
    embarrass
    a
    city
    run
    by
    Democrats; and
  • 1%
    the
    Trump
    administration
    for
    sending
    the
    National
    Guard
    to
    D.C.
    despite
    warnings
    that
    the
    Guard’s
    deployment
    presented
    an
    easy
    target
    of
    opportunity

    for
    grievance-based
    violence.

Perfect! Except
that
my
percentages
probably
add
up
to
more
than
100.
But
you
get
the
idea.

When Rahmanullah
Lakanwal
shoots
someone, Rahmanullah
Lakanwal
is
to
blame. The
rest
is
petty
bickering.

Who
was
responsible
for
trying
to
assassinate
Donald
Trump
last
summer?

The
shooter.

Who
was
responsible
for
assassinating
Charlie
Kirk?

The
shooter.

You
can
quibble
around
the
edges
of
these
things,
always
assigning
blame
to
the
other
side
for
having
very
slightly
contributed
to
the
shooter’s
motivations. But
that
slight
blame
is
nothing
compared
to
where
the
blame
really
lies.

Moreover,
in
situations
such
as
these,
it
probably
makes
sense
to
put
partisanship
aside
for
a
moment

both
to
lower
the
temperature
of
our
country’s
political
climate
and
to
more
accurately
place
responsibility
for
atrocities
where
the
responsibility
truly
lies.






Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of 
The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strategy
 (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].