Nelson is a retired attorney and served as an associate justice of the Montana Supreme Court from 1993 through 2012.
An article caught my eye, and at first I read it as a simple news item, probably of not much interest to most people.
That is, until the irony hit me.
Here’s the story, as reported by CNN on Jan. 29:
The man who stole and leaked former President Donald Trump and thousands of others’ tax records has been sentenced to five years in prison.
[The 38-year-old defendant] pleaded guilty to one count of unauthorized disclosures of income tax returns. According to his plea agreement, he stole Trump’s tax returns along with the tax data of “thousands of the nation’s wealthiest people,” while working for a consulting firm with contracts with the Internal Revenue Service. ...
Judge Ana Reyes highlighted the gravity of the crime, saying multiple times that it amounted to an attack against the US and its legal foundation.
“What you did in attacking the sitting president of the United States was an attack on our constitutional democracy,” Reyes said. “We’re talking about someone who ... pulled off the biggest heist in IRS history.”
The judge compared the defendant’s actions to the Jan. 6, 2021, attack on the Capitol, saying, “your actions were also a threat to our democracy.”
The defendant, Charles Littlejohn, accepted responsibility: “My actions undermine the fragile faith” in the government.
So, the defendant committed a crime (and tried to cover it up), was caught, accepted responsibility for his conduct, pleaded guilty and was sentenced to serve five years in prison.
Yes, justice was served. But here’s the irony.
As reported in various media, Donald Trump purloined and willfully retained hundreds of classified documents from the federal government when he left office in 2021, and then conspired to prevent their return to U.S. officials. These records contained national defense information, including a “plan of attack” prepared by the Pentagon that he shared with a publisher and writer. A month or so later at his Bedminster golf club, Trump showed a representative of a political action committee “a classified map related to a military operation.”
Trump was charged with over 30 felony counts of willful retention of national defense information, a violation of the Espionage Act. The charges are based on documents that the government says contain classified information ranging from top secret to secret, the two highest classification levels for national security information. Also charged was Trump’s valet, Walter Nauta, who faces several of the same charges as his boss, with whom he allegedly conspired to keep classified records and hide them from a federal grand jury.
Trump (who has been accused of instigating the Jan. 6 insurrection) has called the charges a “witch hunt.” He has never accepted responsibility for his conduct — the same sort of conduct that has landed military personnel and civilians in prison. And the judge in charge of Trump’s case (whom he appointed to the bench) has seemingly done everything possible to delay the trial and favor Trump over the government prosecutors.
The rule of law should apply equally to all who violate it. But, obviously, it doesn’t. Steal from the wealthy, you get nailed; if you’re wealthy and steal, well, that’s a witch hunt.
Abraham Lincoln believed that unpunished willful and repeated violations of the rule of law would destroy democracy. To protect the rule of law and support the Constitution was a sacred obligation of every citizen.
Indeed, Lincoln called for Americans to exercise “general intelligence, sound morality, and in particular, a reverence for the constitution and laws.”
He added” “Let reverence for the laws ... become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasingly upon its altars.”
In other words, no different rules for different folks.




















U.S. Secretary of State Marco Rubio delivers a keynote speech at the 62nd Munich Security Conference on Saturday, Feb. 14, 2026, in Munich, Germany.
Marco Rubio is the only adult left in the room
Finally free from the demands of being chief archivist of the United States, secretary of state, national security adviser and unofficial viceroy of Venezuela, Marco Rubio made his way to the Munich Security Conference last weekend to deliver a major address.
I shouldn’t make fun. Rubio, unlike so many major figures in this administration, is a bona fide serious person. Indeed, that’s why President Trump keeps piling responsibilities on him. Rubio knows what he’s talking about and cares about policy. He is hardly a free agent; Trump is still president after all. But in an administration full of people willing to act like social media trolls, Rubio stands out for being serious. And I welcome that.
But just because Rubio made a serious argument, that doesn’t mean it was wholly persuasive. Part of his goal was to repair some of the damage done by his boss, who not long ago threatened to blow up the North Atlantic alliance by snatching Greenland away from Denmark. Rubio’s conciliatory language was welcome, but it hardly set things right.
Whether it was his intent or not, Rubio had more success in offering a contrast with Vice President JD Vance, who used the Munich conference last year as a platform to insult allies and provide fan service to his followers on X. Rubio’s speech was the one Vance should have given, if the goal was to offer a serious argument about Trump’s “vision” for the Western alliance. I put “vision” in scare quotes because it’s unclear to me that Trump actually has one, but the broader MAGA crowd is desperate to construct a coherent theory of their case.
So what’s that case? That Western Civilization is a real thing, America is not only part of it but also its leader, and it will do the hard things required to fix it.
In Rubio’s story, America and Europe embraced policies in the 1990s that amounted to the “managed decline” of the West. European governments were free riders on America’s military might and allowed their defense capabilities to atrophy as they funded bloated welfare states and inefficient regulatory regimes. Free trade, mass migration and an infatuation with “the rules-based global order” eroded national sovereignty, undermined the “cohesion of our societies” and fueled the “de-industrialization” of our economies. The remedy for these things? Reversing course on those policies and embracing the hard reality that strength and power drive events on the global stage.
“The fundamental question we must answer at the outset is what exactly are we defending,” Rubio said, “because armies do not fight for abstractions. Armies fight for a people; armies fight for a nation. Armies fight for a way of life.”
I agree with some of this — to a point. And, honestly, given how refreshing it is to hear a grown-up argument from this administration, it feels churlish to quibble.
But, for starters, the simple fact is that Western Civilization is an abstraction, and so are nations and peoples. And that’s fine. Abstractions — like love, patriotism, moral principles, justice — are really important. Our “way of life” is largely defined and understood through abstractions: freedom, the American dream, democracy, etc. What is the “Great” in Make America Great Again, if not an abstraction?
This is important because the administration’s defenders ridicule or dismiss any principled objection critics raise as fastidious gitchy-goo eggheadery. Trump tramples the rule of law, pardons cronies, tries to steal an election and violates free market principles willy-nilly. And if you complain, it’s because you’re a goody-goody fool.
As White House Deputy Chief of Staff Stephen Miller said not long ago, “we live in a world … that is governed by strength, that is governed by force, that is governed by power. These are the iron laws of the world that have existed since the beginning of time.” Rubio said it better, but it’s the same idea.
There are other problems with Rubio’s story. At the start of the 1990s, the EU’s economy was 9% bigger than ours. In 2025 we were nearly twice as rich as Europe. If Europe was “ripping us off,” they have a funny way of showing it. America hasn’t “deindustrialized.” The manufacturing sector has grown during all of this decline, though not as much as the service sector, where we are a behemoth. We have shed manufacturing jobs, but that has more to do with automation than immigration. Moreover, the trends Rubio describes are not unique to America. Manufacturing tends to shrink as countries get richer.
That’s an important point because Rubio, like his boss, blames all of our economic problems on bad politicians and pretends that good politicians can fix them through sheer force of will.
I think Rubio is wrong, but I salute him for making his case seriously.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.