Wow. This from the Huffington Post of all places.
Rich man’s law, poor man’s prison.
FBI Director James Comey Just Explained Why America Doesn't Prosecute The Rich And Powerful
Rich man’s law, poor man’s prison.
WASHINGTON ― Americans have grown accustomed to the idea that some criminal laws target specific populations. Drug possession charges tend to hit low-income black communities harder than other neighborhoods. The sentencing disparity between crack cocaine and powder cocaine just happens to result in long prison terms for black people, while Wall Street snorters receive leniency.
But the legal system’s bias against the poor and people of color is not limited to laws that directly put these populations in the crosshairs. It’s also reflected in the privileged treatment received by the rich and powerful who violate laws targeting the rich and powerful.
This is why FBI Director James Comey’s decision to effectively exonerate Hillary Clinton for allegedly mishandling classified information is so troubling. In a Wednesday press conference and an epic Thursday hearing before Congress, Comey accurately described his choice as consistent with a century of legal precedent. But based on any fair-minded understanding of justice, this precedent is a moral outrage.
Comey’s decision to shrug off prosecution was based on decades of “gross negligence” prosecutions, or more accurately, a lack thereof. Under the 1917 Espionage Act, federal prosecutors have brought only one case against a public official based on gross negligence. Clinton may have repeatedly mishandled classified information, even when she should have known better. That could be the basis for a prosecution based on negligence ― failing to uphold the law without actually trying to break it. Over the past century, authorities have exercised discretion in such cases. Absent criminal intent ― a willful desire to break the law ― prosecutors have overwhelmingly avoided bringing such cases.
So Comey’s point is consistent with the historical record. But here’s the problem: Negligence is a crime of power. The weak, low-ranking (and low-born), however, do not and cannot commit crimes of negligence, by definition. For example, when whistleblowers draw attention to a problem by leaking it to the press, this is not an act of negligence ― it is a deliberate act. The Obama administration has been ruthless with whistleblowers, throwing the book at Chelsea Manning and destroying the career of Thomas Drake. John Kiriakou received a 30 month sentence for leaking details about the CIA’s torture program. There are many other cases.
FBI Director James Comey Just Explained Why America Doesn't Prosecute The Rich And Powerful