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.
Planned Parenthood Lost More Money Than It Made as Taxpayer Funding, Abortions Increased
Wes Moore preemptively unloads on Baltimore Sun ahead of expose, as spox beefs with ‘right wing’ ownership
On Nato, It’s Time to Take the Maverick from ‘Top Gun’ Approach: ‘Don’t Think, Just Do’
Fox News Campus Radicals Newsletter: Antifa-tied group’s plan for chaos, school probe over transgender policy
Fox News True Crime Newsletter: Bahamas missing woman mystery, Athena Strand bodycam, Gilgo Beach guilty plea
Trump unveils new renderings for arch with ‘one nation under God’ inscription
Kamala Harris ‘might’ run for president in 2028, but black voters are skeptical of the idea
Kamala Harris Gives the Surest Sign Yet She’s Running in 2028 with Al Sharpton Event Speech
Teens suspected of murdering congressional intern linked by DNA on shell casings, prosecutors say
LATE BREAKING: Trump Issues Shockingly Graphic Post Targeting Haitian Illegal Accused of Murdering Mother of 2
Bessent, Powell summon Wall Street CEOs for emergency meeting over Anthropic AI risks amid Pentagon dispute
Trump’s Labor Department takes another hit as inspector general accused of abusing role
FLASHBACK: Dems want to boot Trump with 25th amendment, but refused to do so under Biden
WATCH: America250 backdrop topples near Shapiro, Revolutionary War reenactors
Navy scraps Biden-era submarine contract as overhaul costs surge toward $3B
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.
Planned Parenthood Lost More Money Than It Made as Taxpayer Funding, Abortions Increased
Wes Moore preemptively unloads on Baltimore Sun ahead of expose, as spox beefs with ‘right wing’ ownership
On Nato, It’s Time to Take the Maverick from ‘Top Gun’ Approach: ‘Don’t Think, Just Do’
Fox News Campus Radicals Newsletter: Antifa-tied group’s plan for chaos, school probe over transgender policy
Fox News True Crime Newsletter: Bahamas missing woman mystery, Athena Strand bodycam, Gilgo Beach guilty plea
Trump unveils new renderings for arch with ‘one nation under God’ inscription
Kamala Harris ‘might’ run for president in 2028, but black voters are skeptical of the idea
Kamala Harris Gives the Surest Sign Yet She’s Running in 2028 with Al Sharpton Event Speech
Teens suspected of murdering congressional intern linked by DNA on shell casings, prosecutors say
LATE BREAKING: Trump Issues Shockingly Graphic Post Targeting Haitian Illegal Accused of Murdering Mother of 2
Bessent, Powell summon Wall Street CEOs for emergency meeting over Anthropic AI risks amid Pentagon dispute
Trump’s Labor Department takes another hit as inspector general accused of abusing role
FLASHBACK: Dems want to boot Trump with 25th amendment, but refused to do so under Biden
WATCH: America250 backdrop topples near Shapiro, Revolutionary War reenactors
Navy scraps Biden-era submarine contract as overhaul costs surge toward $3B
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.
Planned Parenthood Lost More Money Than It Made as Taxpayer Funding, Abortions Increased
Wes Moore preemptively unloads on Baltimore Sun ahead of expose, as spox beefs with ‘right wing’ ownership
On Nato, It’s Time to Take the Maverick from ‘Top Gun’ Approach: ‘Don’t Think, Just Do’
Fox News Campus Radicals Newsletter: Antifa-tied group’s plan for chaos, school probe over transgender policy
Fox News True Crime Newsletter: Bahamas missing woman mystery, Athena Strand bodycam, Gilgo Beach guilty plea
Trump unveils new renderings for arch with ‘one nation under God’ inscription
Kamala Harris ‘might’ run for president in 2028, but black voters are skeptical of the idea
Kamala Harris Gives the Surest Sign Yet She’s Running in 2028 with Al Sharpton Event Speech
Teens suspected of murdering congressional intern linked by DNA on shell casings, prosecutors say
LATE BREAKING: Trump Issues Shockingly Graphic Post Targeting Haitian Illegal Accused of Murdering Mother of 2
Bessent, Powell summon Wall Street CEOs for emergency meeting over Anthropic AI risks amid Pentagon dispute
Trump’s Labor Department takes another hit as inspector general accused of abusing role
FLASHBACK: Dems want to boot Trump with 25th amendment, but refused to do so under Biden
WATCH: America250 backdrop topples near Shapiro, Revolutionary War reenactors
Navy scraps Biden-era submarine contract as overhaul costs surge toward $3B
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.
