Just Be Just

We are currently mid-way or so in the US Senate’s impeachment trial. If you asked, “What impeachment?”, your name must be Rip Van Winkle*, and you’ve been asleep since November 2016. The House managers (the prosecutors) finished presenting their case, and yesterday the president’s lawyers (the defense team) began their presentation. There are at least two days of arguments ahead before we know exactly what will happen.

While watching the defenders reacting to the prosecutors’ assertions, I remembered the words of one of the sayings from the Bible’s book of Proverbs: “The one who states his case first seems right, until the other comes and examines him” (Proverbs 18:17). How true it is, for if you only heard one side of the story, during the impeachment or during any other trial or debate, you could easily be swayed to believe that version. Not until the other side has spoken can you better decide who is right.

I once served on a jury that heard a felony case about a man charged with tethering and abusing his dogs. The prosecutor, an assistant district attorney, showed pictures and presented testimony from two animal control officers. Then came the animal shelter veterinarian who showed and described the dogs’ injuries. When the prosecutor finished, it would have been easy to conclude the defendant was guilty. But then the defense attorney got up and shredded the prosecutor’s case. Not only did the animal officers’ testimony disagree with the physical evidence and photos, the vet testified that apart from the superficial wounds (caused by the dogs when they attacked each other) the animals’ conditions showed they were properly nourished and cared for. Our verdict: not guilty.

It’s interesting that the Bible, and other ancient Jewish writings, hold a lot of wisdom about trials and other legal remedies, such as the admonition in Proverbs that a person hear both sides of a story before deciding what is true.  I’m sure a biblical scholar could write a book about all the lessons, but for now, consider the following few examples of “biblical jurisprudence:”

1. Justice is blind. If you see modern courthouses and statues representing justice, you often see a blindfolded figure holding a scale in one hand. The figure is weighing evidence and testimonies to determine the truth, in order that justice be done. The blindfold is to show that “justice is blind,” meaning that non-relevant factors (such as who is at trial or what they look like) do not play a part in the decision. Of course, this is an ideal; it’s very difficult for people to remain completely non-biased in their verdicts. You would have to have a perfect judge to render a perfect verdict; which we have fortunately in the perfect Judge of the universe. Isaiah 11:3-4 says this about the LORD: “He shall not judge by what his eyes see, or decide disputes by what his ears hear, but with righteousness he shall judge the poor, and decide with equity for the meek of the earth.” God is not swayed in his judgments by the earthly factors that might prejudice our opinions. This truth is reiterated in Acts 10:24 by the Apostle Peter, who declares, “Truly I understand that God shows no partiality [no respecter of persons].”

2. Don’t let witnesses collaborate. There is a reason witnesses are kept from hearing other witnesses’ testimonies before they speak: it’s too easy to let their testimony be swayed or to conspire in a lie. Suspects are questioned separately, as well. There is a story found in the Apocrypha, a collection of non-canonical books and stories written between the testaments. The story is called Susanna or Susanna and the Elders, and tells of a married woman named Susanna who is observed bathing by two elders. Inflamed by lust, they demand she have sex with them, but the righteous woman refuses. Rebuffed, the elders concoct a story that they saw her commit adultery with a young man; Susanna is arrested and sentenced to death until Daniel intervenes and says the witnesses should be questioned separately. When this is done, the two elders give conflicting accounts of where the event took place. When their lies are exposed, Susanna is freed and the elders are put to death instead. Perjury has consequences!

3. Capital crimes require two or more eyewitnesses. Crimes which are punishable by death require two or more witnesses to the act, to prevent anyone charging someone else with such serious crimes just out of spite. The specific text in the Bible is Deuteronomy 17:6, “On the evidence of two witnesses or of three witnesses the one who is to die shall be put to death; a person shall not be put to death on the evidence of one witness.” The writers of the US Constitution included this requirement in the one capital crime they included: treason. Article 3, Section 3 states: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” When the stakes are so high, the corroboration of eyewitnesses is vital for the accused to receive justice.

4. Tell the truth. In today’s courtrooms,witnesses swear or affirm to “tell the truth, the whole truth, and nothing but the truth.” They used to swear to do so, “so help you God,” placing their hand on a Bible. When people looked to God as their judge, they feared God’s judgment on them should they lie under oath. Leviticus 19: 12 says, “You shall not swear by my name falsely, and so profane the name of your God: I am the Lord.” While I’m sad to see such a statement disappear as a sign of the decreasing relevance of faith and religion in our society, according to the Bible we should tell the truth whether under oath or not.  James 5:12 says, “But above all, my brothers, do not swear, either by heaven or by earth or by any other oath, but let your ‘yes’ be yes and your ‘no’ be no, so that you may not fall under condemnation.” The commandment to not bear false witness against our neighbor (Exodus 20:16 and Deuteronomy 5:20) is always applicable, even in daily speech; we don’t have to be under oath to be forced to tell the truth. Note that the admonition against false witness is not just about lying in general, but especially about harming someone by false accusations. God sets the standard (“God is not a man that he should lie” – Numbers 23:19) and expects us to be truthful as well. As believers on Christ and witnesses to him as our Lord and Savior, people must know that we speak truthfully, that our testimony be believed and trusted. Proverbs 12:22 says, “Lying lips are an abomination to the LORD,” so don’t lie!

5. God hates those who pervert justice for their own sake. God’s word speaks warning against those who pervert justice and use the law to rob others, especially those least able to defend themselves. Consider the following:

Proverbs 11:1 – A false balance is an abomination to the LORD, But a just weight is His delight.

Proverbs 17:15 – He who justifies the wicked and he who condemns the righteous, Both of them alike are an abomination to the LORD.

Isaiah 10:1-2 – Woe to those who enact evil statutes And to those who constantly record unjust decisions, So as to deprive the needy of justice And rob the poor of My people of their rights, So that widows may be their spoil And that they may plunder the orphans.

Deuteronomy 16:19 – You shall not distort justice; you shall not be partial, and you shall not take a bribe, for a bribe blinds the eyes of the wise and perverts the words of the righteous.

Amos 5:11-12 – Therefore because you impose heavy rent on the poor And exact a tribute of grain from them, Though you have built houses of well-hewn stone, Yet you will not live in them; You have planted pleasant vineyards, yet you will not drink their wine. For I know your transgressions are many and your sins are great, You who distress the righteous and accept bribes And turn aside the poor in the gate.

There are other condemnations of injustice throughout the Bible, but you get the idea. Our desire for justice, for being treated fairly and for having our case rightly heard align us with God himself, who desires that we not only receive justice but dispense it fairly as well.

In this fallen and sinful world, we will not always receive the justice we want, but God’s word promises us that one day, all will be set right. those who pervert justice will be punished, and those whom they mistreated will be justified. While we wait for that day, let us exhibit in our dealing the same high standards of justice and mercy which God has shown to us and demands from us. In other words, just be just.

And let us pray along with the Senate chaplain, Rev. Barry Black, that God’s will be done in the impeachment proceedings, for God’s thoughts are above our thoughts, and his ways above our ways, even as the heavens are above the earth (Isaiah 55:8-9).

Now may the Lord bless you and keep you, the Lord make his face to shine upon you and be gracious to you, the Lord look upon you with favor, and give you peace. Amen.

Read: Susanna and the Elders (available online or in the Catholic version of Daniel, chapter 13); Deuteronomy 19:15-21; and Amos 5:21-24.

*Old timer’s reference to the 1819 short story of the same name by Washington Irving, in which Rip fell asleep for 20 years.