A Nation of Laws

Nearly a year ago, I wrote a blog post on the “Clinton e-mail server” fiasco in which I argued that while I certainly would not defend former Secretary Clinton’s use of a private e-mail account for official purposes, the reality is that every Secretary of State since the dawn of e-mail has done more or less the same.  More broadly, I argued, the very real and dangerous problem we face as a nation is that elected officials and senior political appointees of both parties almost routinely flaunt laws and regulations.  Just as the old nobility of Europe were not held to the same standards as the peasants, America’s political class has come to view itself as above the law.  If you don’t believe that, just think of what would have happened if a “normal person” (the modern counterpart to a feudal peasant) did what the politicians did.  If a career member of the State Department had done what Hillary Clinton did, he/she would have been fired and maybe even jailed.  If a career officer at the CIA has ‘outed’ Valery Plame the way former VP Cheney did, he/she would have been sent to jail for a very, very long time.  The list of examples is (unfortunately), endlessly long.

If anyone had any hope that President Trump’s “drain the swamp” rhetoric meant that these sorts of abuses would stop, now is the time to wake up.  The Attorney General of the United States himself failed to disclose required information on his security form (known as a DS-86 or EQIP).  If a career civil servant of any branch of service – State Department, military, intelligence agency – did that, he/she would have his/her security clearance pulled in a heartbeat and would likely spend the next five years in jail.  It does not matter how ‘material’ the information was.  Withholding information on a security form is a crime.  Period.  Lying to or misleading the FBI officers who personally interview candidates for security clearances is a crime.  Period.  The list of senior Trump administration officials who have knowingly violated these laws is growing daily:  AG Sessions, former National Security Advisor Flynn, and Presidential son-in-law Jared Kushner, just to name a few.  On top of those, the Trump administration is now refusing to release the (evidently extensive) list of lobbyists who were granted special Presidential waivers from ethics rules so that they can now manage or oversee the exact same government bodies they once lobbied.

This post may sound to some as “anti-Trump,” but that is not my intent.  Instead, I deeply believe that we as a nation must reaffirm our commitment to equality and justice.   After all, America has survived rough times before because we are a nation a laws – laws that apply to everyone.  At its heart, that is the idea of America – a nation based on the belief that all people are equal and should be treated accordingly.  Not only are Trump administration officials continuing a decades-long practice of assuming that the laws don’t apply to political appointees, they are doing so in an unprecedentedly public and decisive manner.  The clear message is:  this Administration is above the law.  For anyone of any political party or political stripe, the time has come to stand up for America.  If we are not a nation of laws, then our Constitution is reduced to merely words on a scrap of paper.


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