by Kingcoal » Thu 24 Jan 2008, 00:46:13
I have a theory about the justifications officials in the executive branch use for this kind of behavior. Domestic laws concerning weapons, narcotics, etc, are regulatory in nature. For example, a narcotic is a "controlled substance." The key word is 'controlled.' That means that unless you are authorized, you can't handle these substances. The same goes for weapons. Since it is the executive branch that enforces the laws of the US, most officials feel that they have executive license to act above the law, so to speak. I'm not making moral judgments here, I'm just pointing out their logic. They feel that in the interest of prosecuting what they believe to be their duty, they have license to participate in trafficking weapons, drugs and even national secrets. They can claim that they are acting in an official manor executing a program which is beneficial to US interests, therefore they have justification. It may be illegal for a private entity to traffic weapons internationally, but the CIA is acting in an official capacity, not for profit, therefore they believe that they are within their authority.
The executive branch can:
1. Selectively prosecute and make deals with criminals (terrorists) in exchange for information and other services (i.e., be an informant, mole, etc.)
2. Engage in covert international commerce of controlled substances, weapons and government secrets as long as such activity is wholly within the scope of US interests, national defense and security.
3. Keep secrets and even lie publicly about what they are doing.
That is what I came up with from studying the Constitution and Supreme Court rulings. Unless Congress wants to specifically tell them that they can't do these things, they can and will. Most of the laws that Congress writes apply to private citizens engaged in commerce. Officers of the executive branch can engage in activities which are illegal for private citizens as long as those activities are official and in no way private. In other words, a government officer, in the performance of his duty, can do things that are illegal for private citizens to do. However if a government officer does such things for personal gain, they are acting as a private citizen and are thus breaking the law.
The branches of government have found that they have to give the executive branch "breathing room" to execute on their prime mission of national security. As long as those activities don't infringe on the rights of private citizens, they look the other way. The executive branch does have the right to raise funds through business activities. They don’t have to get all their money through congressional appropriation as long as that money stays out of the US.
Of course, Congress has the right to be informed of such goings on and they have the authority, through legislative action, to make such activities illegal. The judicial branch also has the right, through subpoena, to be informed of such activities and has the authority to interpret the law in such a way as to declare the activity illegal. The judicial branch has the final word on everything that goes on in the US government. That's an enormous amount of power and thus judges exercise it with extreme caution.
I don’t agree with it, but what can I do? Well, I can lobby my representatives to enact laws prohibiting government officials in engaging in such activities. It’s been done before; in the seventies, congress made laws prohibiting assassinations. That is why GWB used to constantly tell us that he wasn’t targeting Sadam Hussein during the early days of the Iraq war. We live in a prohibitive society, which means that laws state what is not allowed, which means that if something isn’t illegal, it’s legal. Currently, officials are allowed to handle weapons, secrets and narcotics and even sell them (outside of the US), in the performance of their official duties. Congress can change that.
"That's the problem with mercy, kid... It just ain't professional" - Fast Eddie, The Color of Money