America has a crime problem: We treat criminal laws as if they were terms of service on a website — blindly agreeing and praying we’ll never need to know what they say. But it isn’t ordinary Americans who do the clicking; Congress clicks for us.
Worse, most legislators are as blind to what’s inside the laws they enact, or how to enforce them, as your average iTunes user clicking “Yes” on the latest Apple user agreement.
Consider a crime we keep hearing about — obstruction of justice. During his confirmation hearings, Attorney General William Barr sparred with senators about the meaning of the word “corruptly” as it’s used in the obstruction statutes.
Millions tap Trump tax cuts this filing season as refunds top $3,400
Trump-Tillis tiff deepens as president says he ‘quit,’ concedes Fed fight could doom new chair confirmation
Man with Joker-inspired rifle fires gun, runs into traffic near Trump golf course, deputies say
Bahamian authorities plan to suspend search for missing American woman amid US Coast Guard criminal probe
Trump Says China Is ‘Very Happy’ With What He’s Doing With the Strait of Hormuz and Has Agreed to Comply
Sanity Is Returning: Teens Identifying as ‘Nonbinary’ Has Crashed 70 Percent in 2 Years Among CA 16-Year-Olds
Federal judge hands Biden’s home state a loss in battle of ICE access to labor data
Watch: Biden Drags College Administrator Up to Podium to Compare Him to Obama
Vance anti-fraud task force suspends 447 hospices in Los Angeles over more than $600M in suspected fraud
Pakistan Police Allegedly Torture Roman Catholic Man to Death
Republican seeks blue-state breakthrough, distances from Trump while taking aim at ‘socialist’
Suspect in string of random attacks in Georgia is naturalized citizen from UK, DHS says
DOJ sues Connecticut, New Haven over sanctuary policies: ‘Open defiance’
House avoids unprecedented four-member expulsion week as Swalwell and Gonzales resign instead
BREAKING: DHS Employee Among Victims in Georgia Murder Spree by Naturalized US Citizen
It was just one word, concerning one kind of crime, and yet there was sharp disagreement between the people writing laws and the man who would soon be enforcing them. Special counsel Robert Mueller spent 182 pages analyzing the president’s conduct under those same statutes, only to leave the ultimate question unresolved. When Barr returned for Senate Judiciary Committee hearings, Sen. Dianne Feinstein seemed flummoxed when he explained that instructing someone to lie isn’t necessarily a crime.
For answers, many have turned to the cavalcade of legal analysts on cable news declaring assuredly that the president definitely had, or definitely hadn’t, committed obstruction. Those watching at home had to wonder: Shouldn’t there be an actual answer? Isn’t everyone looking at the same law? Surely America’s most telegenic legal minds and seasoned government officials can definitively answer the binary question of whether the president obstructed justice. But they haven’t. Now some are calling on Congress to answer it in impeachment proceedings.
This tiresome exercise could be undertaken with countless other federal laws. Is it a crime to remove a migratory bird that has taken up roost in your house? It depends. Can you cut the tag off a mattress? Again, it depends. What does it depend on? Well, that depends too. Lawyers are conditioned to accept this, but it’s no less unsettling that, even when the facts are clear, lawmakers, law enforcers, judges and lawyers still can’t agree on what the law itself makes a crime.
Millions tap Trump tax cuts this filing season as refunds top $3,400
Trump-Tillis tiff deepens as president says he ‘quit,’ concedes Fed fight could doom new chair confirmation
Man with Joker-inspired rifle fires gun, runs into traffic near Trump golf course, deputies say
Bahamian authorities plan to suspend search for missing American woman amid US Coast Guard criminal probe
Trump Says China Is ‘Very Happy’ With What He’s Doing With the Strait of Hormuz and Has Agreed to Comply
Sanity Is Returning: Teens Identifying as ‘Nonbinary’ Has Crashed 70 Percent in 2 Years Among CA 16-Year-Olds
Federal judge hands Biden’s home state a loss in battle of ICE access to labor data
Watch: Biden Drags College Administrator Up to Podium to Compare Him to Obama
Vance anti-fraud task force suspends 447 hospices in Los Angeles over more than $600M in suspected fraud
Pakistan Police Allegedly Torture Roman Catholic Man to Death
Republican seeks blue-state breakthrough, distances from Trump while taking aim at ‘socialist’
Suspect in string of random attacks in Georgia is naturalized citizen from UK, DHS says
DOJ sues Connecticut, New Haven over sanctuary policies: ‘Open defiance’
House avoids unprecedented four-member expulsion week as Swalwell and Gonzales resign instead
BREAKING: DHS Employee Among Victims in Georgia Murder Spree by Naturalized US Citizen
It’s not just a federal problem. Nor is it an exclusively political one. The same day that the special counsel released his report, the highest court in the state of Washington issued an evenly split opinion concerning that state’s own obstruction statute. In it, eight justices of the Washington Supreme Court couldn’t agree whether a man’s refusal to open his door for police constituted a crime. There was no real dispute about the facts. There was a statute written in black and white. Yet the court split 4-4.
This kind of ambiguity is a problem for an executive branch charged with enforcing laws and a judiciary that applies them. It may soon become a very public problem for a Congress trying its hand at both. Mostly, however, it threatens all of us who are presumed to know the law, required to comply with it and barred from arguing ignorance of the law as an excuse.
If Congress really is about to embark on impeachment, perhaps lawmakers will learn a valuable lesson in the process. Let them slog through the muck of their own criminal statutes. Let them display how even they can’t agree on what the text of the law means. Then let America be reminded that we had better follow the untold thousands of laws written by these people or go to prison.
Millions tap Trump tax cuts this filing season as refunds top $3,400
Trump-Tillis tiff deepens as president says he ‘quit,’ concedes Fed fight could doom new chair confirmation
Man with Joker-inspired rifle fires gun, runs into traffic near Trump golf course, deputies say
Bahamian authorities plan to suspend search for missing American woman amid US Coast Guard criminal probe
Trump Says China Is ‘Very Happy’ With What He’s Doing With the Strait of Hormuz and Has Agreed to Comply
Sanity Is Returning: Teens Identifying as ‘Nonbinary’ Has Crashed 70 Percent in 2 Years Among CA 16-Year-Olds
Federal judge hands Biden’s home state a loss in battle of ICE access to labor data
Watch: Biden Drags College Administrator Up to Podium to Compare Him to Obama
Vance anti-fraud task force suspends 447 hospices in Los Angeles over more than $600M in suspected fraud
Pakistan Police Allegedly Torture Roman Catholic Man to Death
Republican seeks blue-state breakthrough, distances from Trump while taking aim at ‘socialist’
Suspect in string of random attacks in Georgia is naturalized citizen from UK, DHS says
DOJ sues Connecticut, New Haven over sanctuary policies: ‘Open defiance’
House avoids unprecedented four-member expulsion week as Swalwell and Gonzales resign instead
BREAKING: DHS Employee Among Victims in Georgia Murder Spree by Naturalized US Citizen
Impeachment or not, the problem is already on display. We spent two years and tens of millions of dollars on an investigation conducted by dozens of lawyers, all for a non-answer on whether one person committed a particular crime. Meanwhile, hundreds of millions of us could have violated any of the thousands of criminal laws on the books, and we would be hard-pressed to afford just one lawyer to defend us.
To be sure, criminal conduct is nuanced, and it’s impossible to write a perfect statute. But we shouldn’t ignore the danger in a system where lawmakers, the nation’s top prosecutor or a court of last resort can’t agree on whether something is a crime. Hopefully, lawmakers will soon spend less time politicking and more time making the law clearer.
Story cited here.
