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So, selective enforcement is not a problem? It is a good thing that DOJ actually tries to help some of our more hapless. But I, at least, find it a problem when DOJ seems noticeably absent or asleep when it comes to investigating and prosecuting corporate criminals, not to mention righting the massive wrongs disdainfully committed against the Constitution and the Bill of Rights in the name of the Security State, and instead, just as Rove and others predicted, the Obama Administration suddenly found that against which they had railed during campaign season to be quite handy once in office, but perhaps to be used a little more "judiciously".

By refusing to "look back", as Obama likes to call it, he has tacitly approved of some of the most egregious abuses committed by his predecessor. Absent even token prosecutions for disdainful abuses of wiretap laws by government agencies and Bush Administration officials and absent vigorous investigation and prosecution of fraud on Wall Street and the condonment and involvement, if not orchestration of this fraud by the Federal Reserve, why should anyone not expect this behavior to resume and then exceed what was done under Bush when we get the next government elected upon a "national security" platform--probably in three years.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Sat Jan 23rd, 2010 at 03:48:42 PM EST
[ Parent ]
"why should anyone not expect this behavior to resume and then exceed what was done under Bush when we get the next government elected upon a "national security" platform--probably in three years. "

Why indeed? It took 3 years after the prosecutions of Nixon's henchmen for Ronald Reagan to put many of them and their protegees back in business. If you relinquish power, precedents make no difference.

by rootless2 on Sat Jan 23rd, 2010 at 07:55:06 PM EST
[ Parent ]
Why indeed? It took 3 years after the prosecutions of Nixon's henchmen for Ronald Reagan to put many of them and their protegees back in business. If you relinquish power, precedents make no difference.

Why? Because they were not prosecuted hard enough, or high enough.

The precedent that was set (rather, reinforced) in the Nixon case is that current or former cabinet members will never see the inside of a prison cell.

And yes, precedents do matter.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Jan 23rd, 2010 at 10:04:27 PM EST
[ Parent ]
A touching faith in legalism. Power determines results. Precedent is for the little people.
by rootless2 on Sat Jan 23rd, 2010 at 10:43:15 PM EST
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Power shifts. If the last president who got caught with his hands in the cookie jar had gotten 20 years in the shade, starting the second a new administration moved in, it might have inspired a certain amount of reflection on part of future culprits.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Jan 23rd, 2010 at 10:53:32 PM EST
[ Parent ]
As if the Bush administration believed it would ever lose power or that it would have believed that such a precedent meant anything other than it was itself licensed to jail the opposition.
by rootless2 on Sat Jan 23rd, 2010 at 10:58:10 PM EST
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If Raygun's crimes had been aggressively prosecuted, half of the Bush administration would have been unavailable for service.

What the other half might have though in that event is, of course, speculation.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sat Jan 23rd, 2010 at 11:05:42 PM EST
[ Parent ]
The reason Reagan's criminal enterprise was not prosecuted was that the Federalist Judiciary protected them. Given that the situation only got worse in the last 20 years, Obama and Holder would have to be dewy eyed innocents to imagine prosecutions against Bush administration figures would do better.
by rootless2 on Sat Jan 23rd, 2010 at 11:08:27 PM EST
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So nothing effective can be done. Just sweep the deck while the ship sinks?

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Jan 27th, 2010 at 02:50:45 PM EST
[ Parent ]

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