Cecily Zamora
When the government breaks its own laws, it sets a precedent for others in government to do the same. This can lead to a culture in federal law enforcement where the Constitution, federal laws, and societal norms are disregarded during prosecutions and surveillance for national security purposes. 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 use torture. More recently, legal experts have questioned whether former President Trump broke federal laws by trying to shut down USAID and giving Elon Musk access to Treasury's payment system.
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What You'll Learn
The government breaking its own laws
Breaking the law is a daily occurrence for governments and their collaborators, and it often goes unpunished. This has been the case since the weeks following 9/11, when then-President George W. Bush began his systematic shredding of the Constitution by unleashing federal agencies to spy on all Americans without warrants and the CIA to torture foreign persons in order to gain information about so-called threats to the nation.
The government also believes it can bribe and coerce witnesses into saying what it wants to hear, and authorise criminals to commit crimes. It will also grossly overcharge defendants to avoid a jury trial, exposing them to life in prison and terrifying them into accepting a guilty plea to a lesser charge.
This culture of law enforcement breaking the laws it enforces in the name of national security has led to a precedent of governments breaking their own laws and going unpunished, which tramples on human liberty and makes those in government into tyrants.
Examples of this include the FBI surveilling the communications between a Proud Boy defendant and his legal team without a search warrant, and Trump trying to shut down USAID and letting Elon Musk access Treasury's payment system.
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Federal law enforcement breaking the law
Federal law enforcement agencies in the United States, also known as the "Feds", are empowered by the federal government to maintain law and public order. The majority of federal law enforcement employees work for the Department of Justice and Homeland Security, but there are dozens of other agencies under the other executive departments, as well as the legislative and judicial branches of the federal government. Federal agencies employ approximately 137,000 full-time personnel authorised to make arrests and/or carry firearms in the 50 states and the District of Columbia.
However, federal law enforcement officers have been known to break the law themselves. For example, it is a felony and a federal crime to impersonate someone else and intercept private communications intended for them, but this is the basis for police sting operations across the country. Law enforcement officers also frequently violate Fourth Amendment law by creating fake profiles on adult-only dating sites without a warrant or report of a crime.
In addition, the FBI has been accused of destroying evidence and surveilling the communications between a Proud Boy defendant and his legal team without a search warrant, which is also a federal crime.
The federal government has also been accused of breaking its own laws, such as when then-President George W. Bush allegedly authorised federal agencies to spy on all Americans without warrants after 9/11. More recently, legal experts have claimed that former President Trump may have broken federal laws by trying to shut down USAID and letting Elon Musk access Treasury's payment system.
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Presidents breaking the law
There is a long history of governments breaking their own laws. In the US, the FBI has been known to destroy evidence and surveil communications without a search warrant, and the CIA has been known to torture.
Legal scholars have long debated whether an American president can break the law and remain immune from prosecution. During the Civil War, Abraham Lincoln ordered troops to arrest, without warrant, and incarcerate, without due process, many peaceful, law-abiding journalists and newspaper editors — and even a member of Congress — in the Northern states. Wasn't that kidnapping? During World War I, Woodrow Wilson ordered federal agents to arrest people who sang German beer hall songs or read aloud from the Declaration of Independence in public. Wasn't that infringing upon the freedom of speech? During the Great Depression, Franklin D. Roosevelt ordered banks to confiscate gold from Americans who had purchased and possessed it lawfully.
In recent years, Donald Trump has asked Congress for money to condemn real estate and build a border barrier in Texas. Congress said no, yet he plans to spend the money anyway. Doesn't that violate his oath to uphold the Constitution? There may be political consequences to such acts of lawlessness, but there are rarely legal consequences in the form of impeachment or prosecution.
Richard Nixon also abused his power by refusing to spend funds allocated by Congress. Congress passed the Impoundment Control Act of 1974 to curb the practice. Under the law, presidents must notify Capitol Hill of their intent to hold on to allocated funds. Congress can accept or reject this proposal, and if it does not act within a certain amount of time, the money must be released.
Legal experts have also questioned whether Trump may be breaking federal laws by trying to shut down USAID and letting Elon Musk access Treasury's payment system.
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Law enforcement breaking the law
Law enforcement officers are statistically more likely to get away with crimes than civilians. They also often face less severe punishment than civilians once convicted. This is due to multiple factors that influence whether an officer is ever charged and how harshly they are sentenced.
Some people argue that law enforcement is free to break the laws it enforces in order to preserve national security. This attitude goes back to the weeks after 9/11 when then-President George W. Bush began his systematic shredding of the Constitution by unleashing federal agencies to spy on all Americans without warrants and the CIA to torture. Since then, the FBI has been surveilling the communications between defendants and their legal teams without search warrants, which is a federal crime.
Law enforcement officers routinely break the law by impersonating someone else and intercepting private communications intended for them. This is a felony and a federal crime, yet impersonating others online is the basis for police sting operations across the country. Without a warrant or report of a crime, male officers create fake profiles on adult-only dating sites using photos of attractive ladies (or young men). During the chat, the officer claims to be an underage 14-year-old girl/boy, even if it is obviously an adult pictured.
In addition to law enforcement, government leaders have also been accused of breaking the law. For example, experts say that former President Trump may have broken federal laws by trying to shut down USAID and letting Elon Musk access Treasury's payment system.
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Government officials breaking the law
The issue of government officials breaking the law is not limited to a specific country or region. For example, in the United States, there have been instances of the FBI engaging in surveillance without a warrant, which is a federal crime. Similarly, former President George W. Bush was criticised for authorising federal agencies to spy on Americans without warrants following the 9/11 attacks.
In another case, legal experts raised concerns about potential law-breaking by former President Donald Trump, including his attempts to shut down USAID and his granting of access to Elon Musk to Treasury's payment system.
When government officials break the law, it sets a dangerous precedent and undermines the very principles they are sworn to uphold. It also raises concerns about the protection of human rights and liberties. For example, when law enforcement officers engage in misconduct, such as assault, aggravated assault, murder, or manslaughter, and are not held accountable, it erodes trust in the justice system and can lead to a culture of impunity.
To address this issue, there should be greater accountability and transparency in the actions of government officials. The federal government should also step in when local prosecutors fail to hold police officers and other officials accountable for their actions. By doing so, we can help ensure that those in power are held to the same standards as the citizens they serve and protect.
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Frequently asked questions
When the government breaks its own laws, lawbreakers can go unpunished, setting a precedent for others in government to do the same.
In the weeks after 9/11, then-President George W. Bush began his systematic shredding of the Constitution by unleashing federal agencies to spy on all Americans without warrants and the CIA to torture.
The FBI has been surveilling the communications between one of the Proud Boy defendants and his legal team without a search warrant, which is a federal crime.
Yes, legal experts say that Trump may be breaking federal laws by trying to shut down USAID and letting Elon Musk access Treasury's payment system.
Yes, French President Emmanuel Macron is leading the European Union’s latest panic-buying spree, which may be harmful to personal liberty.
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