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.




















Eric Trump, the newly appointed ALT5 board director of World Liberty Financial, walks outside of the NASDAQ in Times Square as they mark the $1.5- billion partnership between World Liberty Financial and ALT5 Sigma with the ringing of the NASDAQ opening bell, on Aug. 13, 2025, in New York City.
Why does the Trump family always get a pass?
Deputy Attorney General Todd Blanche joined ABC’s “This Week” on Sunday to defend or explain a lot of controversies for the Trump administration: the Epstein files release, the events in Minneapolis, etc. He was also asked about possible conflicts of interest between President Trump’s family business and his job. Specifically, Blanche was asked about a very sketchy deal Trump’s son Eric signed with the UAE’s national security adviser, Sheikh Tahnoon.
Shortly before Trump was inaugurated in early 2025, Tahnoon invested $500 million in the Trump-owned World Liberty, a then newly launched cryptocurrency outfit. A few months later, UAE was granted permission to purchase sensitive American AI chips. According to the Wall Street Journal, which broke the story, “the deal marks something unprecedented in American politics: a foreign government official taking a major ownership stake in an incoming U.S. president’s company.”
“How do you respond to those who say this is a serious conflict of interest?” ABC host George Stephanopoulos asked.
“I love it when these papers talk about something being unprecedented or never happening before,” Blanche replied, “as if the Biden family and the Biden administration didn’t do exactly the same thing, and they were just in office.”
Blanche went on to boast about how the president is utterly transparent regarding his questionable business practices: “I don’t have a comment on it beyond Trump has been completely transparent when his family travels for business reasons. They don’t do so in secret. We don’t learn about it when we find a laptop a few years later. We learn about it when it’s happening.”
Sadly, Stephanopoulos didn’t offer the obvious response, which may have gone something like this: “OK, but the president and countless leading Republicans insisted that President Biden was the head of what they dubbed ‘the Biden Crime family’ and insisted his business dealings were corrupt, and indeed that his corruption merited impeachment. So how is being ‘transparent’ about similar corruption a defense?”
Now, I should be clear that I do think the Biden family’s business dealings were corrupt, whether or not laws were broken. Others disagree. I also think Trump’s business dealings appear to be worse in many ways than even what Biden was alleged to have done. But none of that is relevant. The standard set by Trump and Republicans is the relevant political standard, and by the deputy attorney general’s own account, the Trump administration is doing “exactly the same thing,” just more openly.
Since when is being more transparent about wrongdoing a defense? Try telling a cop or judge, “Yes, I robbed that bank. I’ve been completely transparent about that. So, what’s the big deal?”
This is just a small example of the broader dysfunction in the way we talk about politics.
Americans have a special hatred for hypocrisy. I think it goes back to the founding era. As Alexis de Tocqueville observed in “Democracy In America,” the old world had a different way of dealing with the moral shortcomings of leaders. Rank had its privileges. Nobles, never mind kings, were entitled to behave in ways that were forbidden to the little people.
In America, titles of nobility were banned in the Constitution and in our democratic culture. In a society built on notions of equality (the obvious exceptions of Black people, women, Native Americans notwithstanding) no one has access to special carve-outs or exemptions as to what is right and wrong. Claiming them, particularly in secret, feels like a betrayal against the whole idea of equality.
The problem in the modern era is that elites — of all ideological stripes — have violated that bargain. The result isn’t that we’ve abandoned any notion of right and wrong. Instead, by elevating hypocrisy to the greatest of sins, we end up weaponizing the principles, using them as a cudgel against the other side but not against our own.
Pick an issue: violent rhetoric by politicians, sexual misconduct, corruption and so on. With every revelation, almost immediately the debate becomes a riot of whataboutism. Team A says that Team B has no right to criticize because they did the same thing. Team B points out that Team A has switched positions. Everyone has a point. And everyone is missing the point.
Sure, hypocrisy is a moral failing, and partisan inconsistency is an intellectual one. But neither changes the objective facts. This is something you’re supposed to learn as a child: It doesn’t matter what everyone else is doing or saying, wrong is wrong. It’s also something lawyers like Mr. Blanche are supposed to know. Telling a judge that the hypocrisy of the prosecutor — or your client’s transparency — means your client did nothing wrong would earn you nothing but a laugh.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.