Hodjanernes Blog

15 juli 2016

USA: Efter Servergate er retssamfundet en vittighed

“Laws are just words on a page to be rewritten by and for powerful people.”

Comey’s rationale for not referring the Clinton case for prosecution defied all logic and, according to former assistant US Attorney Andy McCarthy, represented an on-the-spot revision of federal law. McCarthy wrote:

 “There is no way of getting around this: According to Director James Comey (disclosure: a former colleague and longtime friend of mine), Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust. Director Comey even conceded that former Secretary Clinton was ‘extremely careless’ and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.”

Yes, she did all of things and more. According to Director Comey, Hillary’s saving grace was her supposed lack of intent to break the law. She didn’t mean to do what she did, you see. There are two responses to this. First, yes there was her intention. Hillary Clinton didn’t set up her illegal email server by accident. She didn’t use it for all of her correspondence by chance. She didn’t wipe the server by bumbling error, an issue I noticed Comey did not even address. But the second response is even more important: intent is not the legal standard; negligence is. Even his whitewash investigation found that she and her staff were “extremely careless” with classified information. Carelessness is a synonym for negligence.

So Hillary will skate. Director Comey dished out the only punishment she will likely ever face—a stern talking-to. Start printing invitations for the Inaugural Ball—Hillary’s going to be our next president!

As I sat listening to Comey’s remarks, my mind wandered to President Gerald Ford, who inherited the office after the Watergate scandal. At his August 1974 inauguration, Ford tried to assuage the public’s anger with assurances that justice had been done. “My fellow Americans,” said the newly minted president, “our long national nightmare is over. Our Constitution works; our great Republic is a government of laws and not of men.”

[…]

Richard Nixon was not charged with anything and he was in fact pardoned. It should be noted here that at least Nixon paid some price: the not insignificant loss of his elected office. Hillary Clinton, on the other hand, is on the fast track to becoming the next president. That’s the difference.

Three years after Nixon resigned he sat for a series of interviews with David Frost, a British journalist and television host. Perhaps the most memorable quote came when Nixon said “I’m saying that when the president does it that means that it’s not illegal.” People were rightfully shocked.

Nixon’s governing philosophy, so in-eloquently blurted out on national television, is probably more common among powerful people than we’d like to believe. Though Hillary Clinton has never said those exact words, she conducts herself as if she believes them.

[…]

Once you understand that laws are just a lot of useless paper, all of our endless squabbling seems pretty silly. What’s the point of learned men standing around in a courtroom arguing the finer points of the law when in the end it means whatever the judge decides it means? It’s not good enough to have the law on your side. That’s actually quite irrelevant. You have to have the judges on your side.

[…]

Who cares what the law actually says? Let’s determine what Congress meant, rather than what was debated and voted on.

These people are just making it up as they go along. They decide the hot button issues of the day according to their preferences then go in search of a justification. No justification is too lame because they’re the supremes and we’re not.

This is the way we do things in America these days. The law isn’t really the law. Powerful people do whatever the heck they feel like doing and if the law gets in their way it is magically rewritten on the spot. Sometimes it’s the FBI director who decides to change the plain meaning of a statute. Sometimes it’s a judge. It can be the president, or even on occasion, a backroom bureaucrat. Beneath the tissue-thin pretense of an orderly, principled system, it’s actually just a naked power struggle—and we’re losing.

Benny Huang på Freedom Daily via No Pasaran

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