Hervis Rogers, a 62-year-old black man, waited over six hours to vote in the Texas Democratic primary in March 2020. “I thought it was my duty to vote. I wanted to get my vote to express my opinion, ”he said. told a CNN reporter at the time. “And I wasn’t going to let anything stop me.”

Now, Rogers faces up to 20 years in prison for voting while on parole – although he’s not aware he was technically ineligible to vote at the time.

Back in the days of the primary, former President Donald Trump was already preparing the ground to challenge the 2020 election results, question the security of mail-in ballots. Culminating with a speech in Washington, DC, on January 6, Trump knowingly instigated that day’s act of domestic terrorism, as the FBI defined it, in an attempt to nullify the votes of millions of Americans. Yet he does not face any criminal charges.

There is clearly a disparity here between the scope of the crime and that of the punishment.

This injustice is even more appalling when we look at the facts of the Rogers case. His lawyer said Rogers did not know it was illegal to vote while on parole. In fact, The Washington Post reported that in at least 20 states it is not a crime to vote while on parole. In addition, Rogers was arrested the day before the The Texas Legislature began its special session, which the Texas governor called for sweeping voter suppression laws.

Texas Attorney General Ken Paxton, who ordered the arrest and himself is indicted for fraud charges, tweeted after Rogers arrest: “Hervis is a criminal rightly prohibited from voting under TX law. … I pursue electoral fraud wherever we find it! (But Paxton said the allegations against him are politically motivated and denied any wrongdoing, according to The Texas Tribune.)

Trump, however, is not the only Republican to use his white privilege to avoid the same penalties as black Americans for the same or less conduct.

For example, in Pennsylvania, Trump supporter Bruce Bartman filled out a mail-in ballot application so her mother could vote in the 2020 election. The only problem was that her mother had died 12 years ago. But Bartman, 70, was so dedicated to helping Trump that he wanted to vote for him twice. (He actually tried to vote for Trump three times in registering stepmom as a republican, despite the fact that she was also dead.)

In the end, Bartman was able to vote on behalf of his late mother. An investigation followed and Bartman was charged. He finally pleaded guilty in April to perjury and illegal voting. His punishment for his intentional electoral fraud scheme: five years probation.

This excruciating disparity is also evident in the recent case republican Edward Snodgrass, who serves as a local elected official in Ohio. After an election worker questioned the signature on a ballot submitted on behalf of Snodgrass’ father, Snodgrass admitted that his father had died before the mail ballot arrived and had forged the signature of his deceased father.

Snodgrass was first accused of a fourth degree crime which could have resulted in six months in prison, but instead he was offered and accepted a plea deal fined $ 500 and serving a three-day local jail sentence.

Compare that to the case of Crystal Mason, a black woman from Texas who in 2016 attempted to vote while on probation after serving five years in prison. After her mother urged her to vote, Mason went to the polls without knowing that she was not eligible. Mason’s name not appearing on the electoral rolls, so she submitted a provisional ballot that was never even counted. What was his punishment for simply casting a provisional ballot that was never counted? Five years in prison. This case is now on appeal to the highest court in Texas for criminal cases while she is out of jail on bail.

Now stop to consider the even more mind-boggling fact that more than 500 people have been charged for trying to “stop the theft” as Trump demanded of them – but he’s free. And alarmingly for our nation, Trump is now back on the road spitting the same lies that prompted the January 6 attack and openly defending the terrorists who attacked Capitol on his behalf.

As a lawyer, it literally makes no sense to me. As an American, I am outraged to see this blatant injustice since we all know that if Trump was black or a Muslim (or both!) He would already be rightly accused of various crimes.

Rogers and Mason can end up in jail for years for unknowingly voting when they were ineligible, while Trump knowingly instigated an act of domestic terrorism to overturn the votes of millions of Americans and not just in freedom, but is celebrated by the GOP.

It is beyond white privilege. This is dangerously toxic white supremacy that will most likely lead to more violence unless Trump is brought to justice. So I have to ask: do we have a WTF (in) criminal justice system? !