The rule of law in America today

Does it exist? Is the United States a Nation of Laws? It is clear that some rules do exist. But do they conform to the spirit and letter of the rule of law doctrine?

Glenn Greenwald thinks not. He recently identified four rules of American justice:

(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.

(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.

(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.

(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage — and will have the full weight of the American criminal justice system come crashing down upon you.

It is thus clear that some Americans are not subject to the rule of law. The rule of law makes sense only when everyone is subject to the same laws. The United States is not a country governed by laws.


Update

David Dayen of FireDogLake walks over some of the same ground as Greenwald:

The Administration has reserved some of its most punitive uses of their prosecutorial discretion for government leakers and whistleblowers. Government information gets leaked all the time, of course, often by official sources doing so on behalf of the Administration for political reasons. But no Administration has prosecuted as many government officials for leaking as this one; in fact, the six criminal cases are more than all other Presidents combined. It has unquestionably had a chilling effect on other whistleblowers. The case against former NSA official Thomas Drake, which thankfully collapsed last year, is the most celebrated of these cases. But the inadequacy of that case has not stopped the Justice Department from continuing to wage war on leakers.

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