TheAgitator.com
On “Enforcing the Law”
Tuesday, August 12th, 2008Attorney General Mukasey says that though high-ranking political appointees in the Justice Department violated federal law in factoring political ideology into the hiring of career prosecutors, no one will be punished.
[Mukasey] told delegates to the American Bar Association annual meeting, “Not every wrong, or even every violation of the law, is a crime. In this instance, the two joint reports found only violations of the civil service laws.”
So what’s the point in having the laws if no one will be punished for breaking them?
In general, I agree with Mukasey. Breaking the letter of the law shouldn’t always amount to a prosecutable crime. I guess my problem is that prosecutors seem much more likely to adopt Mukasey’s position when they’re looking at infractions committed by political allies, police officers, or other government employees than they are with the rest of us.
If anything, government employees should be held to a higher standard than the rest of us, not a lower one–especially the people charged with enforcing the laws in the first place.
Not every wrong, or even every violation of the law, is a crime
Yes, I’m sure the judge will consider that when I use that as my defense for a .085 BAC, possession of MJ, or playing poker for money with some friends.
I think what Mr. Mukasey is trying to say is, “We need to conserve space in our federal prisons for the real lawbreakers, such as medical marijuana users and online gamblers.”
I’m definitely going to remember to recite this quote if when I’m up before the military tribunal jury.
[...] tip Radley’s way. Filed under: Current Events, LL.org, Law Leave a [...]
Even if I ever agreed with that jackass, I’d have to stick my finger down my throat and vomit up a week’s worth of chicken sandwiches before I could even THINK of making those words come out of my mouth.
Mukasey: Gonzales Light.
Why the surprise? Mukasey was chosen solely because he shares these ideas with his commander-in-chief.
Yes, government employees should absolutely be held to a higher standard. Anyone that enjoys special privileges in our society should be held to a higher standard and/or pay for those privileges (ie. licenses, the ability to incorporate, etc.).
Do not put me on a jury. How can anyone be guilty of anything while the people in power are not held responsible for their actions, however deleterious they may have been?
Laws are not applicable to the Ruling Elite.
laws should be drafted rigorously enough so that police and prosecutors have the very least amount of discretion in their enforcement. on a sliding scale, the more “discretion” is given to law enforcement, the more power is allocated to the state rather than to the people (against whom the law is being enforced). by that calculation, then the least amount of discretion afforded to law enforcers (as dictated by the rigorousness of the laws themselves) will result in the maximum amount of power being allocated to the people (vs. the state).
i believe there should be less criminal laws. less things that are criminal. the criminal laws that remain should be drafted with such rigorousness as would not include prohibitions against actions (or inactions) which should not result in penalty. thus no need for “discretion” on the part of law enforcers.
aws should be drafted rigorously enough so that police and prosecutors have the very least amount of discretion in their enforcement. on a sliding scale, the more “discretion” is given to law enforcement, the more power is allocated to the state rather than to the people
If juries are allowed their proper level of discretion, then cops should also exercise discretion in making arrests, since cops should avoid arresting people whom a jury isn’t likely to convict. That having been said, government employees should be held to a higher standard than ordinary citizens.
I think everybody is being too harsh here. After all, Mukasey said that the perp here got the very worst punishment of all: bad publicity!
Actually, this is not an outrage.
The specified penalty for breaking (most) civil service laws is firing, rather than criminal charges. It’s not an issue of discretion–it’s an issue of the actual legally-provided penalty.
The legal system in this country is a fucking Joke, and the whole world is laughing at us!!!!!!!!