America's Two-Tiered Justice System

Glenn Greenwald has a good summary of recent examples of how our two-tiered justice system works, or, as he describes it, "the way in which political and financial elites now enjoy virtually full-scale legal immunity for even the most egregious lawbreaking, while ordinary Americans, especially the poor and racial and ethnic minorities, are subjected to exactly the opposite treatment: the world's largest prison state and most merciless justice system."

The New York Times this morning has a long article so perfectly illustrating what I mean by "two-tiered justice system" -- and the way in which it obliterates the core covenant of the American Founding: equality before the law -- that it's impossible for me not to highlight it.

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The article's headline tells most of the story: "In Financial Crisis, No Prosecutions of Top Figures." It asks: "why, in the aftermath of a financial mess that generated hundreds of billions in losses, have no high-profile participants in the disaster been prosecuted?" And it recounts that not only have no high-level culprits been indicted (or even subjected to meaningful criminal investigations), but few have suffered any financial repercussions in the form of civil enforcements or other lawsuits. The evidence of rampant criminality that led to the 2008 financial crisis is overwhelming, but perhaps the clearest and most compelling such evidence comes from long-time Wall-Street-servant Alan Greenspan; even he was forced to acknowledge that much of the precipitating conduct was "certainly illegal and clearly criminal" and that "a lot of that stuff was just plain fraud."

Despite that clarity and abundance of the evidence proving pervasive criminality, it's entirely unsurprising that there have been no real criminal investigations or prosecutions. That's because the overarching "principle" of our justice system is that criminal prosecutions are only for ordinary rabble, not for those who are most politically and financially empowered. We have thus created precisely the two-tiered justice system against which the Founders most stridently warned and which contemporary legal scholars all agree is the hallmark of a lawless political culture.

After a series of illustrations, he closes with this:

In a 1795 letter, George Washington vowed that "the executive branch of this government never has, nor will suffer, while I preside, any improper conduct of its officers to escape with impunity." Thomas Jefferson -- in an April 16, 1784, letter to Washington -- argued that the foundation on which American justice must rest is "the denial of every preeminence." It's literally difficult to imagine how we could be further away from those core principles.

Ronald Reagan: Hard Left Ideologue

From Glenn Greenwald's post yesterday at Salon - "Ronald Reagan: vengeful, score-settling, Hard Left ideologue":

Ronald Reagan, May 20, 1988, transmitting the Convention Against Torture to the Senate for ratification:

The United States participated actively and effectively in the negotiation of the Convention . It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.

The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.

Convention Against Torture, signed and championed by Ronald Reagan, Article II/IV:

No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture. . . Each State Party shall ensure that all acts of torture are offences under its criminal law.

The views that Ronald Reagan not only advocated, but signed a treaty compelling the U.S. to adhere to, are ones that are now -- in the view of our dominant media narrative -- the hallmarks of The Hard Left: torture is never justified; there are "no exceptional circumstances" justifying it; it must be declared to be a serious criminal offense ; and -- most of all -- the U.S., as Ronald Regan put it, "is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution." Reagan's explicit view that the concept of "universal jurisdiction" permits signatory nations (such as Spain) to prosecute torturers from other countries (such as the U.S.) is now considered so fringe that it's almost impossible to find someone in mainstream American debates willing to advocate it. . . .

It's literally true that if you say today verbatim what Ronald Reagan said in 1988 about torture and the need to prosecute those who do it, then you are immediately and by definition a rabid score-settler from the Hard Left who is unfit to be trusted with national security decisions. Conversely, the views that Reagan vehemently rejected by words and by treaty -- that torture can be justified in some circumstances; that torturers should be shielded from prosecution; that other countries have no right to prosecute the torturers from other countries under "universal jurisdiction" -- are now not merely acceptable, but are required views in order to be not only a conservative, but to be a centrist. That's how severely the political spectrum and our elite consensus on these questions have shifted -- descended -- even from the time of the right-wing Reagan era when American exceptionalism and military aggression thrived.