Government Law-Breaking: Lieberman's Legacy

In his book, *How the Government Breaks the Law*, Jethro Koller Lieberman, a former member of the Navy's Judge Advocate General Corps, exposes the many ways governments from the village level to the White House ignore, defy, and break the laws they are supposed to uphold. Published in 1972, just as the Watergate scandal was unfolding, Lieberman's book provides a well-documented, non-partisan, and clear-headed account of government criminality, with case studies illustrating the various forms of governmental discretion and lawlessness.

Government lawlessness and the many ways governments defy the laws they are supposed to uphold

In his 1972 book, *How the Government Breaks the Law*, Jethro K. Lieberman, a former member of the Navy's Judge Advocate General Corps, exposes the many ways governments defy the laws they are supposed to uphold. Lieberman's work is a study of "official lawbreaking", published as the Watergate scandal was unfolding. It highlights the startling dimensions of government criminality and impunity, from the local level to the highest offices in the nation.

A Culture of Impunity

Lieberman's work reveals a culture of impunity within the government, where officials routinely break the law without fear of consequences. He cites numerous examples of government lawlessness, including:

• The role of Deputy Sheriff Price in the 1964 murder of three Mississippi civil rights workers
• The assault by off-duty policemen on a group of Black Panthers in a Brooklyn Criminal Court in 1968
• The 1969 Chicago police raid that resulted in the deaths of Black Panthers Fred Hampton and Mark Clark
• Military surveillance of public figures, including Senator Adlai Stevenson III
• Unauthorised Justice Department wiretapping of domestic dissenters
• The 12,000 improper arrests during May Day demonstrations in the District of Columbia

Systemic Failures

Lieberman's work also points to systemic failures within the government that enable lawlessness. He argues that the government's violation of the law, such as illegal wiretapping, and its failure to enforce the law consistently, particularly in areas like civil rights, antitrust, and campaign financing, are both symptomatic of a larger problem. This problem is compounded by legislatures' failure to provide officials with the necessary resources to enforce the laws fully.

The Consequences of Government Lawlessness

The consequences of government lawlessness are far-reaching. It erodes trust in public institutions, undermines the rule of law, and can lead to the abuse of power and the violation of citizens' rights. Lieberman notes that government lawlessness can take many forms, from mundane bureaucratic inaction to dramatic instances of illegal power exercises.

Proposed Solutions

Lieberman offers several solutions to address government lawlessness. These include:

• Creating a strong ombudsman with extensive investigative powers
• Reducing government secrecy
• Implementing liberal procedural rules to enable more citizen lawsuits
• Holding government officers personally liable for official lawlessness
• Reducing the number of laws and developing clear priorities and rules of conduct for officials

A Call for Action

Lieberman's work is a call for action to address the pervasive issue of government lawlessness. By exposing the many ways governments defy the laws they are supposed to uphold, he highlights the urgent need for reform and the restoration of accountability and trust in public institutions.

The wide disregard of law in the US originates with the government itself

In his 1972 book, "How the Government Breaks the Law", Jethro Koller Lieberman, who served with the Navy's Judge Advocate General Corps, argues that the widespread disregard for the law in the United States originates with the government itself. Lieberman contends that the government habitually distorts or disregards the laws it is meant to enforce and uphold. He provides numerous examples of governmental lawlessness, ranging from the local level to the White House, including:

• The role of Deputy Sheriff Price in the 1964 murder of three Mississippi civil rights workers.
• The assault by off-duty policemen on a group of Black Panthers in a Brooklyn Criminal Court in 1968.
• The 1969 predawn raid by Chicago police that resulted in the deaths of Black Panthers Fred Hampton and Mark Clark.
• Military surveillance of public figures, including Senator Adlai Stevenson III.
• Recent Justice Department wiretapping of domestic dissenters without a court order.
• The 12,000 improperly conducted arrests during May Day demonstrations in the District of Columbia.

Lieberman suggests that government lawlessness can be mundane and committed by faceless bureaucrats working in nondescript cubicles in government office buildings. He also criticises the government's failure to enforce the law consistently or aggressively in areas such as civil rights, antitrust, and campaign financing.

While there is no justification for illegal government action, Lieberman acknowledges that legislatures often do not provide officials with the necessary resources to fully enforce the laws they have passed. As a result, some discretionary enforcement of the present laws is inevitable. However, he argues for stronger oversight and reform, including the creation of a powerful ombudsman with extensive investigative powers, reduced government secrecy, and more liberal procedural rules to enable more citizen lawsuits.

Overall, Lieberman's book provides a comprehensive and thought-provoking analysis of the issue of governmental lawlessness in the United States, offering valuable insights into the complex dynamics between government officials, the laws they are sworn to uphold, and the citizens they serve.

Governmental discretion and selective enforcement of the law

In his book, "How the Government Breaks the Law", Jethro K. Lieberman, a former member of the Navy's Judge Advocate General Corps, exposes the many ways in which governments at all levels, from village to the White House, flout, ignore, and defy the laws they are sworn to uphold and enforce. Lieberman's work highlights the insidious nature of governmental discretion and selective enforcement of the law, which can ultimately serve the interests of prejudice, privilege, and whim.

One example of governmental discretion is the selective enforcement power of police officers. While police are prohibited from making decisions based on bribes and special favors, racial prejudice and class bias often go unaddressed. This results in arbitrary enforcement, such as ignoring certain types of gambling while strictly enforcing the law on others.

Another form of governmental discretion is prosecutorial discretion, which allows those in power to use a range of statutes to target their enemies. For instance, Attorney General John Mitchell used obscure laws to prosecute Father Philip Berrigan for smuggling letters out of prison, and a high percentage of Americans have technically violated statutes on matters like income tax, marijuana, or adultery. This provides those in power with a "hunting license" to pursue their targets with little fear of consequence.

Lieberman also criticizes the government's failure to enforce the law consistently or aggressively in certain areas, such as civil rights, antitrust, and campaign financing. While illegal government actions are inexcusable, the lack of resources and legislative support often lead to discretionary enforcement, which can have far-reaching and detrimental effects.

To address these issues, Lieberman proposes several administrative reforms, including the creation of a powerful ombudsman with extensive investigative powers, reduced government secrecy, and more liberal procedural rules to enable citizen lawsuits.

Overall, Lieberman's work provides a comprehensive and thought-provoking analysis of governmental discretion and selective enforcement of the law, highlighting the need for greater accountability and reform to ensure equal justice for all.

The illegal exercise of power by bureaucracies

Jethro K. Lieberman's book, "How the Government Breaks the Law", published in 1972, examines the illegal exercise of power by bureaucracies, revealing the startling dimensions of government criminality. The book, described as "compelling" and "well-documented", provides a comprehensive study of government lawlessness, including case studies that illustrate how governments at various levels, from village to the White House, flout the very laws they are sworn to uphold.

The book highlights that government lawlessness can be found in the everyday actions of faceless bureaucrats working within the system. It presents a range of interesting episodes and anecdotes gathered from diverse sources, including criminal trial transcripts, Navy Judge Advocate files, Senate committee hearings, and records from agencies such as the Census Bureau and the General Accounting Office.

One of the key arguments presented by Lieberman is that the widespread disregard for the law in the United States originates with the government itself, which often distorts or disregards the laws it is meant to enforce. He provides numerous examples of governmental lawlessness, such as the role of Deputy Sheriff Price in the 1964 murder of three civil rights workers in Mississippi, the assault by off-duty policemen on Black Panthers in a Brooklyn Criminal Court in 1968, and the military surveillance of public figures like Senator Adlai Stevenson III.

Lieberman's work also addresses the distinction between the government's violation of the law and its failure to enforce the law consistently. While there is no justification for illegal government action, the book acknowledges that legislatures often do not provide officials with the necessary resources to fully enforce the laws they have passed, leading to some discretionary enforcement.

Overall, "How the Government Breaks the Law" offers valuable insights into the illegal exercise of power by bureaucracies, shedding light on the arbitrary nature of justice when left to the discretion of those in power.

The lack of a systematic analysis of the material presented in the book

While "How the Government Breaks the Law" by Jethro K. Lieberman is a valuable resource for citizens, offering a scrapbook of causes for citizen indignation, it does not provide a systematic analysis of the material it presents. The book fails to distinguish between the government's violation of the law and its failure to enforce the law consistently. For instance, it does not differentiate between illegal government actions such as wiretapping and instances where the government does not enforce the law aggressively in areas like civil rights, antitrust, or campaign financing.

The absence of a systematic analysis is evident in the book's treatment of government lawlessness as a monolithic concept, without exploring the nuances and complexities of different types of governmental discretion. The book also falls short in addressing the challenges faced by government officials due to a lack of resources for enforcing laws fully.

Furthermore, "How the Government Breaks the Law" does not adequately address the arbitrary nature of justice when left to the discretion of those in power. While it acknowledges the selective enforcement power of police officers, it does not offer a comprehensive analysis of how this discretion can perpetuate racial prejudice, class bias, and other forms of discrimination.

The book's proposal for reform, including the creation of a strong ombudsman and less government secrecy, while commendable, could benefit from a more in-depth exploration of the underlying issues contributing to governmental discretion and lawlessness. A more systematic analysis would enhance the book's contribution to the important discussion it initiates.

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