Gavin Howe
In a country like America, founded on the principle that the law is king, it can be shocking to see the government breaking its own laws. From the Bush administration's post-9/11 policies to the Trump administration's violation of rules and the Constitution, there are many examples of the government breaking the law and going unpunished. This sets a dangerous precedent and raises questions about accountability and the rule of law. With increasing concerns about national security, homeland security, public safety, and election integrity, it is essential to explore the implications of governmental law-breaking and the potential consequences for human liberty.
| Characteristics | Values |
|---|---|
| Government breaking its own laws | Surveillance for national security purposes |
| Obstruction of justice | |
| Violation of the Constitution and federal criminal law | |
| Violation of rules | |
| Violation of statutes | |
| Violation of Administrative Leave Act of 2016 | |
| Violation of Anti-Deficiency Act | |
| Violation of rules governing attorney conduct |
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What You'll Learn
Surveillance and national security
Surveillance programs are often implemented to enhance national security and prevent crime. However, critics argue that they infringe upon personal privacy and freedom. In the post-9/11 era, many governments expanded their surveillance capabilities to counter terrorism. They employed technologies like data mining, wiretapping, and online monitoring.
The Fourth Amendment is a legal framework designed to protect against unreasonable searches and seizures. It mandates that law enforcement must obtain a warrant from a neutral judge, based on probable cause, before conducting a search or surveillance. This principle extends to various contexts, including homes, vehicles, digital communications, and personal data.
However, in cases of foreign intelligence gathering, the Fourth Amendment requirements may be relaxed. The Foreign Intelligence Surveillance Act (FISA) permits the government to engage in mass, warrantless surveillance of Americans' international communications. The Protect America Act of 2007 further altered the definition of "electronic surveillance" under FISA, allowing the government to survey Americans' communications if the person being surveilled is outside the United States.
The USA Freedom Act of 2015 ended the National Security Agency's mass telephone data collection program. Still, the agency's mass surveillance has expanded since 9/11, tracking the calls, text messages, web-browsing activities, and emails of Americans.
The American Civil Liberties Union (ACLU) has been advocating for greater transparency and accountability in government surveillance practices. They argue that powerful, secret surveillance tools will almost certainly be abused for political ends and disproportionately target minority communities.
To protect personal privacy from government surveillance, individuals can use end-to-end encrypted messengers like Signal, WhatsApp, and Apple's iMessage and FaceTime. These services encrypt messages and calls so that only the recipient can access them.
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Obstruction of justice
In the United States, obstruction of justice is defined by Black's Law Dictionary as any "interference with the orderly administration of law and justice". Obstruction can be categorised as a process crime, a public-order crime, or a white-collar crime. Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials.
In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. This chapter contains provisions covering various specific crimes such as witness tampering and retaliation, jury tampering, destruction of evidence, assault on a process server, theft of court records, and obstruction of proceedings in federal courts, Congress, and federal executive agencies. Obstruction of justice can be punished by up to 5 years in prison, while more extreme cases can be punished by over 20 years in prison.
There have been several notable cases of obstruction of justice involving high-profile individuals and organisations. For example, in the wake of the Iran-Contra affair, several members of the Reagan Administration were charged with obstruction of justice for allegedly lying to Congressional committees and concealing evidence. In 1998, Bill Clinton was impeached and charged with obstruction of justice for allegedly trying to influence the testimony of witnesses, including Monica Lewinsky, in a sexual harassment lawsuit filed against him by Paula Jones. Clinton was acquitted of all charges by the Senate. In 2002, accounting firm Arthur Andersen was charged and convicted of obstruction of justice for allegedly destroying and altering documents in anticipation of an investigation of the Enron scandal. The conviction was later overturned. In 2004, Martha Stewart was convicted of obstruction of justice for lying to investigators in the ImClone stock trading case, which involved potential insider trading.
The federal government has also been accused of breaking its own laws, including through the violation of the Constitution and federal criminal law. For example, in the weeks after 9/11, then-President George W. Bush authorised federal agencies to spy on Americans without warrants and allowed the CIA to torture foreign persons to gain information about potential threats to national security. These actions set a precedent for others in the government to follow, undermining human liberty and establishing a culture of lawlessness within federal law enforcement.
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Presidential spending
In the United States, the government has been accused of breaking its own laws, particularly in the aftermath of the 9/11 attacks. During this time, the then-President George W. Bush was accused of systematically violating the Constitution by allowing federal agencies to spy on Americans without warrants and using the CIA to torture foreign persons to gain information.
Now, focusing on the topic of presidential spending:
Presidential Campaign Spending
Presidential candidates in the United States have access to various funding sources and are subject to spending limits during their campaigns. The spending limit increases every cycle due to inflation. For instance, in the 2020 election cycle, the limit for the primary election was estimated to be $40.9 million, with a state limit of 65.4 cents per person of voting age, or $817,800, whichever is greater. Candidates can spend up to $50,000 from their personal funds, and they may also receive public funds to match contributions from individual contributors up to $250 per person.
The presidential nominee of each major party can become eligible for a public grant, which was $81.78 million in 2007. To receive this grant, the candidate must limit their spending to the amount of the grant and not accept private contributions. Minor and new party candidates may receive partial public funding and can supplement it with private contributions, but they are generally subject to the same spending limits as major party candidates.
Presidential Discretionary Spending
Presidents also have some influence over discretionary spending through federal contracts, grants, and loans. The Impoundment Control Act of 1974 curbs the president's power to refuse to spend allocated funds. Under this law, presidents must notify Congress of their intent to withhold allocated funds, and Congress can accept or reject the proposal.
Additionally, the President's "Department of Government Efficiency" Cost Efficiency Initiative aims to transform federal spending on contracts, grants, and loans to ensure transparency and accountability. This initiative requires agency heads to review covered contracts and grants, terminate or modify them to reduce spending, and conduct comprehensive reviews of contracting policies, procedures, and personnel.
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Illegal access to sensitive information
There have been several instances of governments breaking their own laws, with some arguing that this sets a dangerous precedent that undermines human liberty. One example is the case of former US President George W. Bush, who, after the 9/11 attacks, authorised federal agencies to spy on American citizens without warrants and allowed the CIA to torture foreign persons to gain information about potential threats.
Another instance of the government breaking the law involves the Trump administration, which has been accused of violating rules, laws, and the Constitution. One notable incident involves Elon Musk, whose squad of junior engineers took over the Treasury Department's payment system, potentially granting him access to sensitive government information. This was described as an anticonstitutional lawbreaking spree that should have been objected to by members of Congress.
In terms of preventing illegal access to sensitive information, the US government has implemented measures such as Executive Order 14117, which aims to prevent countries of concern and covered persons from accessing Americans' bulk sensitive personal data and government-related information. This order identifies prohibited and restricted transactions, specific countries and individuals, and establishes a process for issuing licenses and advisory opinions.
The Committee on Foreign Investment in the United States (CFIUS) also plays a role in assessing the potential national security risks of certain investments by foreign persons in US businesses that collect or maintain sensitive personal data. While CFIUS only reviews certain types of investments, other measures, such as export controls and sanctions, help prevent sensitive technology and information from falling into the wrong hands.
Despite these efforts, there are concerns that the government's actions in the name of national security could infringe on privacy protections and civil liberties.
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Violation of the Administrative Leave Act
Administrative leave is a temporary leave from a job, with pay and benefits intact. It is generally reserved for employees of non-business institutions such as schools, police, and hospitals. The use of administrative leave is at the discretion of the agency, and it is not an entitlement. However, agencies may have policies and practices in place that provide for the automatic application of administrative leave in special circumstances or emergencies.
The violation of the Administrative Leave Act can occur when agencies inconsistently use and record administrative leave. In 2014, the Government Accountability Office (GAO) found inconsistencies in how federal agencies utilized and documented administrative leave. Agencies differed in which activities were eligible for administrative leave, and some agencies authorized administrative leave for activities already covered by other laws. This inconsistent application of administrative leave can lead to concerns about fairness and equity within the federal government.
Additionally, the inappropriate use of administrative leave by the Trump administration has been noted. The Trump administration's actions appeared to violate the rule's instruction that agencies should consider "the effect of productivity and the agency's ability to meet mission needs" when developing policies for administrative leave. Placing all employees on extended administrative leave can hinder an agency's ability to function effectively.
Furthermore, the use of administrative leave to dismantle agencies raises constitutional concerns. Presidents who attempt to deconstruct agencies without congressional authorization violate the spirit of Article II. This action undermines the separation of powers and the checks and balances within the government.
The violation of the Administrative Leave Act can have significant consequences, including the waste of government resources, the obstruction of justice, and the setting of a dangerous precedent that can lead to the erosion of human liberties. It is essential for agencies to adhere to consistent and transparent practices regarding administrative leave to maintain the integrity of the federal government and uphold the rule of law.
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Frequently asked questions
Yes, there are several instances of governments breaking the law. For example, the Trump administration has been accused of violating rules, laws, and the Constitution.
When the government breaks the law, it sets a precedent for others in power to do the same, which can have harmful consequences for personal liberty.
Yes, the government can be prosecuted for breaking the law. For example, the attorneys for the Proud Boys lost their argument in court, and members of the group are currently on trial for sedition.
Some examples of the government breaking the law include Richard Nixon's abuse of power, the Trump administration's potential violation of the Anti-Deficiency Act, and the Biden administration's circumvention of immigration policies.
