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.
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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.
Colorado school staffer accused of sexually abusing 13-year-old student, now on the run
State Department to ask for bonds of up to $15,000 for visa applications from a dozen more countries
Former counterterrorism chief Joe Kent under FBI investigation for alleged classified leaks
‘Theatrical fools’: House GOP slams Democrats for blowing off Bondi interview
186 Democrats Kick and Scream as Critical Bill Targeting Fraudsters Narrowly Passes House
BREAKING: Sen. Kennedy Just Moved to Pass the SAVE America Act Using a Brilliant Legislative Trick That Only Requires 51 Votes
Immigration judge orders deportation of NYC Council employee after ICE arrest, city leaders push back
Millionaire developer found dead in ritzy beach home; bizarrely dressed suspect arrested after standoff
GOP overperforms in Virginia special election, fueling early momentum talk in blue-trending state
Senate Republicans side with Trump in second Iran war vote
As Dems Shill for Iran Against Trump, Reports Claim Iranian Security Is Raping Women So Badly That They Need Colostomy Bags and Hysterectomies
Watch: Senate Dem Turns to Conspiracy Theories When Markwayne Mullin Refuses to Play Her Games During Confirmation Hearing
MS Now Axes Part of ‘Morning Joe’ in Significant Shake-Up
Mullin committee vote could hinge on John Fetterman as Rand Paul vows to oppose
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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.
Colorado school staffer accused of sexually abusing 13-year-old student, now on the run
State Department to ask for bonds of up to $15,000 for visa applications from a dozen more countries
Former counterterrorism chief Joe Kent under FBI investigation for alleged classified leaks
‘Theatrical fools’: House GOP slams Democrats for blowing off Bondi interview
186 Democrats Kick and Scream as Critical Bill Targeting Fraudsters Narrowly Passes House
BREAKING: Sen. Kennedy Just Moved to Pass the SAVE America Act Using a Brilliant Legislative Trick That Only Requires 51 Votes
Immigration judge orders deportation of NYC Council employee after ICE arrest, city leaders push back
Millionaire developer found dead in ritzy beach home; bizarrely dressed suspect arrested after standoff
GOP overperforms in Virginia special election, fueling early momentum talk in blue-trending state
Senate Republicans side with Trump in second Iran war vote
As Dems Shill for Iran Against Trump, Reports Claim Iranian Security Is Raping Women So Badly That They Need Colostomy Bags and Hysterectomies
Watch: Senate Dem Turns to Conspiracy Theories When Markwayne Mullin Refuses to Play Her Games During Confirmation Hearing
MS Now Axes Part of ‘Morning Joe’ in Significant Shake-Up
Mullin committee vote could hinge on John Fetterman as Rand Paul vows to oppose
How Markwayne Mullin would lead DHS differently than Kristi Noem
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.
