Above and Beyond the Law

Trey Smith

In language as clear as English permits, section 1809 [of the Foreign Intelligence Surveillance Act] provided that anyone who violates its mandates by eavesdropping without the requisite judicial approval has committed a felony punishable by up to five years in prison and a $10,000 fine for each offense. And there was no question that George W. Bush, Dick Cheney, former NSA and CIA director Michael Hayden, and many other Bush officials had violated FISA's requirements by spying on Americans without warrants. Not only had the New York Times exposed the illegality, but Bush himself had confirmed the findings on national television. If we were a country that actually lived under the rule of law, the illegal actions would have carried grave consequences for the lawbreakers...
~ from With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful by Glenn Greenwald ~

Imagine for a minute if the odd dude down the street had been found to be molesting many of the children in your neighborhood and, when confronted with the charges, had openly admitted to doing it, but the authorities adamantly refused to charge or arrest him for the crimes. Most people would be absolutely outraged! A mob would descend on the prosecutor's office to demand justice.

But when it comes to the highest ranking officials, as Greenwald makes the case in his book, the law no longer seems to apply. You can brazenly flaunt the law and even publicly admit your guilt, but you will suffer no adverse legal consequences.

Some people might suggest that, while Greenwald makes an excellent point, these crimes are in the past and we should only look forward. Unfortunately, the problem with this naive analysis is that past lawbreaking establishes the precedent for future lawbreaking. When we allow one presidential administration to get off scot free, it merely emboldens future presidential administrations to push the envelope even farther.

Just look at where we are now. Not only has President Obama continued to spy on Americans illegally, but he has ordered the assassination of American citizens without even a modicum of due process!!

Where will it end?