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Weekend Thoughts on the Occupy Movement & Rule of Law



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I can keep this short and shockingly simple. The Occupy Movement has picked the right target — out-of-control thieving fraudulent banks — but it's not about the banks.

They've named the right perps — the top 1% (or the top 0.1%, which is where the real power is) — but the perps are not the problem. The problem is the crime.

And what's the crime? The U.S. is no longer governed by "rule of law." If you're high enough — politically or economically — you cannot be arrested or go to jail.

Here's Glenn Greenwald making the same point, in an interview about his new book, With Liberty and Justice for Some. This is just one part of that excellent interview (my emphasis):

[Interviewer] Mark Karlin: [Your book's] title seems made to order for what is happening with Occupy Wall Street. Protesters are getting arrested, while the elite perpetrators of Wall Street malfeasance and fraud go free. Is this a localized application of "how the law is used to destroy equality and protect the powerful"?

Glenn Greenwald: Actually, what is happening with the Occupy Wall Street protests is as perfect an illustration of the book's argument as anything I could have imagined. The book's central theme is that law is no longer what it was intended to be - a set of rules equally binding everyone to ensure that outcome inequalities are at least legitimate - and instead has become the opposite: a tool used by the politically and financially powerful to entrench their own power and control the society. That's how and why the law now destroys equality and protects the powerful.

What we see with the protests demonstrates exactly how that works. The police force - the instrument of law enforcement - is being used to protect powerful criminals who have suffered no consequences for their crimes. It is simultaneously used to coerce and punish the powerless: those who are protesting and who have done nothing wrong, yet are subjected to an array of punishment ranging from arrest to pepper spray and other forms of abuse.

That's what the two-tiered justice system is: elites are immunized for egregious crimes while ordinary Americans are subjected to merciless punishment for trivial transgressions.
There's no other way to put it.

From Obama's pre-inauguration FISA / telecom-immunity cave in (and so much more) to the refusal of anyone federal to indict bankers for fraud (and so much more — "execution by decree is a kingly power"), the U.S. is, in practice, no longer governed by rule of law.

The Occupy Movement would like bankers indicted; if innocent, let them prove it (CORR: provide a defense) in court. The Occupy Movement would like taxes returned to something like fairness. What's blocking these outcomes? The government and all of its branches act like fully owned subsidiaries of the top 1%.

Bush can't be indicted for torture; no one can be indicted for war crimes; bankers can't be arrested for fraud. Even Corzine may skate (only Tabloid Demons like Blagojevich can go to jail).

At this point, return to the rule of law is revolutionary. It would entirely change the way our government, under bipartisan agreement (sad to say), now operates.

So hang on, folks. The Occupy Movement is the Change you Hoped for in 2008 — and didn't get. This is the first time the ball has not been relentlessly pushed toward our own end zone. Restore rule of law (say I). Occupy — and persist.

(Thank you for listening. And now back to your constantly scheduled manliness lessons, cleverly disguised as football-embedded Lite beer commercials. Aren't they cute?)

Real strength, or an incredible simulation? Your call. Weekend thoughts.

GP


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