Government
is dangerous. Handle with care.
by Jeff
Jacoby
THERE IS NO
connection, of course, between the prosecution of notorious gangster James
"Whitey" Bulger and the recent spate of scandals and revelations
roiling the Obama administration. Or is there?
Law
enforcement and criminal justice are essential functions of government. No
civilized society could survive for long if it lacked tools to combat
lawlessness or make dangerous villains answer for their crimes. And Bulger was
certainly dangerous — "one of the most vicious, violent criminals ever to
walk the streets of Boston," as Assistant US Attorney Fred Wyshak called
him in summing up for the prosecution last week.
But Bulger
wasn't the only one on trial in Boston's federal courthouse. So was the
government trying him. Bulger and his henchmen may have been the degenerates
who physically committed the gruesome murders and other crimes that jurors
learned about during 35 days of sometimes stomach-churning testimony. But it
was other degenerates, in the FBI and the Justice Department, who for so long
enabled Bulger's bloody mayhem. They enlisted Bulger as an informant, protected
him from police investigations, and warned him to flee when an indictment was
imminent. "If the FBI had not made Whitey its favorite mobster, broken the
rules, and rigged the game to his benefit," reporter David Boeri has concluded, "Bulger
would never have reached as high as he did."
The corruption
of the federal government was a key element in Bulger's trial, as it was in so
much of his sadistic career. Officials charged with defending the public from
gangsters like Bulger used their considerable influence to defend the gangster
instead.
It would be
comforting to believe that this was a one-off, that law enforcement agencies
never abuse their authority, that the immense powers of the federal government
are always deployed with scrupulous integrity. But no one believes that.
As Bulger's
racketeering prosecution was playing out in Boston, other stories of federal
overreach, secrecy, and obstruction were making headlines: The scandal at the
Internal Revenue Service, which for more than two years had targeted
conservative grassroots groups for intimidation and harassment. The Justice
Department'sunprecedented designation
of national-security reporter James Rosen as a "co-conspirator" in
order to trawl through his personal
email, and its surreptitious seizure of
telephone records from up to 20 Associated Press reporters and editors. The disclosure
that the National Security Agency's collection of domestic communications data
is far more intrusive than
was previously known, with the NSA reportedly collecting billions of pieces of intelligence
from US internet giants such as Google, Facebook, and Skype.
President
Obama insists that none of this should undermine confidence in the federal
government. "You've grown up hearing voices that incessantly warn of
government as nothing more than some separate, sinister entity," he told Ohio State's
graduating class in May. "You should reject these voices."
At a press conference in
June, he likewise assured Americans that they needn't worry about the NSA's
vast data-mining operation being abused. "We've got congressional
oversight and judicial oversight," he said. "And if people can't
trust not only the executive branch, but also don't trust Congress and don't
trust federal judges to make sure that we're abiding by the Constitution and
due process and the rule of law, then we're going to have some problems here."
According to
Gallup, nearly half of Americans believe that the federal government "poses an immediate threat
to the rights and freedoms of ordinary citizens." A
Rasmussen Poll asks whether the NSA's metadata is likely to be used by the
government to persecute political
opponents; 57 percent say yes. Maybe we do have some problems here.
Or maybe
Americans are remembering that government is always dangerous, regardless of the party
in power. "If men were angels, no government would be necessary," James Madison famously wrote. Alas, men are
never angels, not even those entrusted with political authority. "In
framing a government which is to be administered by men over men, the great
difficulty lies in this: you must first enable the government to control the
governed; and in the next place oblige it to control itself."
The Bulger
trial, the IRS scandal, our gigantic surveillance
state– they are only the latest reminders that even the best government in the
world depends on human beings, with all their human vices and appetites.
Politicians, regulators, and law enforcement agents are as capable of villainy
as anyone else. Government is dangerous, and should always be handled with
care.
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