Government Lawlessness

Here is a bit from an article in Salon magazine by Glenn Greenwald that looks at a plot by government and private companies to undermine Weakileaks. The point that Greenwald is making is that justice is being hijacked to pursue government interests without regard to how it distorts the rule of law:

That's what this anti-WikiLeaks campaign is generally: it's a concerted, unified effort between government and the most powerful entities in the private sector (Bank of America is the largest bank in the nation). The firms the Bank has hired (such as Booz Allen) are suffused with the highest level former defense and intelligence officials, while these other outside firms (including Hunton & Williams and Palantir) are extremely well-connected to the U.S. Government. The U.S. Government's obsession with destroying WikiLeaks has been well-documented. And because the U.S. Government is free to break the law without any constraints, oversight or accountability, so, too, are its "private partners" able to act lawlessly. That was the lesson of the Congressional vesting of full retroactive immunity on lawbreaking telecoms, of the refusal to prosecute any of the important Wall Street criminals who caused the 2008 financial crisis, and of the instinctive efforts of the political class to protect defrauding mortgage banks.

The exemption from the rule of law has been fully transferred from the highest level political elites to their counterparts in the private sector. "Law" is something used to restrain ordinary Americans and especially those who oppose this consortium of government and corporate power, but it manifestly does not apply to restrain these elites. Just consider one amazing example illustrating how this works.

After Anonymous imposed some very minimal cyber disruptions on Paypal, Master Card and Amazon, the DOJ flamboyantly vowed to arrest the culprits, and several individuals were just arrested as part of those attacks. But weeks earlier, a far more damaging and serious cyber-attack was launched at WikiLeaks, knocking them offline. Those attacks were sophisticated and dangerous. Whoever did that was quite likely part of either a government agency or a large private entity acting at its behest. Yet the DOJ has never announced any investigation into those attacks or vowed to apprehend the culprits, and it's impossible to imagine that ever happening.

Why? Because crimes carried out that serve the Government's agenda and target its opponents are permitted and even encouraged; cyber-attacks are "crimes" only when undertaken by those whom the Government dislikes, but are perfectly permissible when the Government itself or those with a sympathetic agenda unleash them. Whoever launched those cyber attacks at WikiLeaks (whether government or private actors) had no more legal right to do so than Anonymous, but only the latter will be prosecuted.

That's the same dynamic that causes the Obama administration to be obsessed with prosecuting WikiLeaks but not The New York Times or Bob Woodward, even though the latter have published far more sensitive government secrets; WikiLeaks is adverse to the government while the NYT and Woodward aren't, and thus "law" applies to punish only the former. The same mindset drives the Government to shield high-level political officials who commit the most serious crimes, while relentlessly pursuing whistle-blowers who expose their wrongdoing. Those with proximity to government power and who serve and/or control it are free from the constraints of law; those who threaten or subvert it have the full weight of law come crashing down upon them.

The tragedy is that it was well known that the Bush administration was "lawless", but it was thought that the Obama administration would bring back government to its proper role within the law. But Obama has shown himself, with his continuation of torture, the failure to close Guantanamo, the continued wiretaps, and now this attack on Wikileaks, to be an extension of the Bush years.

Obama may want to pat himself on the back for being a "democrat" for allowing Mubarak to be brought down in Egypt, but his actions in the US leave much to be desired. Rule of law is a keystone for a democracy. If the Obama administration is not willing to rein in the fanatics who think their cause is "higher" than the law, then he is part of the problem and not part of the solution.