guardian | The US is the world's largest prison state, imprisoning more of its citizens than any nation on earth, both in absolute numbers and proportionally. It imprisons people for longer periods of time, more mercilessly, and for more trivial transgressions than any nation in the west.
This sprawling penal state has been constructed over decades, by both
political parties, and it punishes the poor and racial minorities at overwhelmingly disproportionate rates.
This sprawling penal state has been constructed over decades, by both
political parties, and it punishes the poor and racial minorities at overwhelmingly disproportionate rates.
But
not everyone is subjected to that system of penal harshness. It all
changes radically when the nation's most powerful actors are caught
breaking the law. With few exceptions, they are gifted not merely with
leniency, but full-scale immunity from criminal punishment. Thus have
the most egregious crimes of the last decade been fully shielded from
prosecution when committed by those with the greatest political and
economic power: the construction of a worldwide torture regime, spying
on Americans' communications without the warrants required by criminal
law by government agencies and the telecom industry, an aggressive war
launched on false pretenses, and massive, systemic financial fraud in
the banking and credit industry that triggered the 2008 financial
crisis.
not everyone is subjected to that system of penal harshness. It all
changes radically when the nation's most powerful actors are caught
breaking the law. With few exceptions, they are gifted not merely with
leniency, but full-scale immunity from criminal punishment. Thus have
the most egregious crimes of the last decade been fully shielded from
prosecution when committed by those with the greatest political and
economic power: the construction of a worldwide torture regime, spying
on Americans' communications without the warrants required by criminal
law by government agencies and the telecom industry, an aggressive war
launched on false pretenses, and massive, systemic financial fraud in
the banking and credit industry that triggered the 2008 financial
crisis.
This two-tiered justice system was the subject of my last book, "With Liberty and Justice for Some",
and what was most striking to me as I traced the recent history of this
phenomenon is how explicit it has become. Obviously, those with money
and power always enjoyed substantial advantages in the US justice
system, but lip service was at least always paid to the core precept of
the rule of law: that - regardless of power, position and prestige - all
stand equal before the blindness of Lady Justice.
and what was most striking to me as I traced the recent history of this
phenomenon is how explicit it has become. Obviously, those with money
and power always enjoyed substantial advantages in the US justice
system, but lip service was at least always paid to the core precept of
the rule of law: that - regardless of power, position and prestige - all
stand equal before the blindness of Lady Justice.
It really is
the case that this principle is now not only routinely violated, as was
always true, but explicitly repudiated, right out in the open. It is
commonplace to hear US elites unblinkingly insisting that those who
become sufficiently important and influential are - and should be -
immunized from the system of criminal punishment to which everyone else
is subjected.
the case that this principle is now not only routinely violated, as was
always true, but explicitly repudiated, right out in the open. It is
commonplace to hear US elites unblinkingly insisting that those who
become sufficiently important and influential are - and should be -
immunized from the system of criminal punishment to which everyone else
is subjected.
Worse, we are constantly told that immunizing those
with the greatest power is not for their good, but for our good, for
our collective good: because it's better for all of us if society is
free of the disruptions that come from trying to punish the most
powerful, if we're free of the deprivations that we would collectively
experience if we lose their extraordinary value and contributions by
prosecuting them.
with the greatest power is not for their good, but for our good, for
our collective good: because it's better for all of us if society is
free of the disruptions that come from trying to punish the most
powerful, if we're free of the deprivations that we would collectively
experience if we lose their extraordinary value and contributions by
prosecuting them.
This rationale was popularized in 1974 when
Gerald Ford explained why Richard Nixon - who built his career as a
"law-and-order" politician demanding harsh punishments and unforgiving
prosecutions for ordinary criminals - would never see the inside of a
courtroom after being caught committing multiple felonies; his pardon
was for the good not of Nixon, but of all of us. That was the same
reasoning hauled out to justify immunity for officials of the National
Security State who tortured and telecom giants who illegally spied on
Americans (we need them to keep us safe and can't disrupt them with prosecutions), as well as the refusal to prosecute any Wall Street criminals for their fraud (prosecutions for these financial crimes would disrupt our collective economic recovery).
Gerald Ford explained why Richard Nixon - who built his career as a
"law-and-order" politician demanding harsh punishments and unforgiving
prosecutions for ordinary criminals - would never see the inside of a
courtroom after being caught committing multiple felonies; his pardon
was for the good not of Nixon, but of all of us. That was the same
reasoning hauled out to justify immunity for officials of the National
Security State who tortured and telecom giants who illegally spied on
Americans (we need them to keep us safe and can't disrupt them with prosecutions), as well as the refusal to prosecute any Wall Street criminals for their fraud (prosecutions for these financial crimes would disrupt our collective economic recovery).
A
new episode unveiled on Tuesday is one of the most vivid examples yet
of this mentality. Over the last year, federal investigators found that
one of the world's largest banks, HSBC, spent years committing serious crimes,
involving money laundering for terrorists; "facilitat[ing] money
laundering by Mexican drug cartels"; and "mov[ing] tainted money for
Saudi banks tied to terrorist groups". Those investigations uncovered
substantial evidence "that senior bank officials were complicit in the illegal activity."
As but one example, "an HSBC executive at one point argued that the
bank should continue working with the Saudi Al Rajhi bank, which has
supported Al Qaeda."
new episode unveiled on Tuesday is one of the most vivid examples yet
of this mentality. Over the last year, federal investigators found that
one of the world's largest banks, HSBC, spent years committing serious crimes,
involving money laundering for terrorists; "facilitat[ing] money
laundering by Mexican drug cartels"; and "mov[ing] tainted money for
Saudi banks tied to terrorist groups". Those investigations uncovered
substantial evidence "that senior bank officials were complicit in the illegal activity."
As but one example, "an HSBC executive at one point argued that the
bank should continue working with the Saudi Al Rajhi bank, which has
supported Al Qaeda."
Needless to say, these are the kinds of
crimes for which ordinary and powerless people are prosecuted and
imprisoned with the greatest aggression possible.
crimes for which ordinary and powerless people are prosecuted and
imprisoned with the greatest aggression possible.
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