The two-tiered justice system: an illustration

[Jefferson23]

April 14, 2011

Glenn Greenwald

(updated below)

Of all the topics on which I've focused, I've likely written most about America's two-tiered justice system -- the way in which political and financial elites now enjoy virtually full-scale legal immunity for even the most egregious lawbreaking, while ordinary Americans, especially the poor and racial and ethnic minorities, are subjected to exactly the opposite treatment: the world's largest prison state and most merciless justice system. That full-scale destruction of the rule of law is also the topic of my forthcoming book. But The New York Times this morning has a long article so perfectly illustrating what I mean by "two-tiered justice system" -- and the way in which it obliterates the core covenant of the American Founding: equality before the law -- that it's impossible for me not to highlight it.

The article's headline tells most of the story: "In Financial Crisis, No Prosecutions of Top Figures." It asks: "why, in the aftermath of a financial mess that generated hundreds of billions in losses, have no high-profile participants in the disaster been prosecuted?" And it recounts that not only have no high-level culprits been indicted (or even subjected to meaningful criminal investigations), but few have suffered any financial repercussions in the form of civil enforcements or other lawsuits. The evidence of rampant criminality that led to the 2008 financial crisis is overwhelming, but perhaps the clearest and most compelling such evidence comes from long-time Wall-Street-servant Alan Greenspan; even he was forced to acknowledge that much of the precipitating conduct was "certainly illegal and clearly criminal" and that "a lot of that stuff was just plain fraud."

Despite that clarity and abundance of the evidence proving pervasive criminality, it's entirely unsurprising that there have been no real criminal investigations or prosecutions. That's because the overarching "principle" of our justice system is that criminal prosecutions are only for ordinary rabble, not for those who are most politically and financially empowered. We have thus created precisely the two-tiered justice system against which the Founders most stridently warned and which contemporary legal scholars all agree is the hallmark of a lawless political culture. Lest there be any doubt about that claim, just consider the following facts and events:

in full: http://www.salon.com/news/opinion/glenn_greenwald/2011/04/14/justice/index.html

[randr]

1. An example

Oil executives lie openly at congressional hearings and walk.
Barry Bonds is possibly going to jail for lying about drug use.

[OHdem10]

2. I agree with your post, however until we we have a truly

active Democratic Party this will never change.

There must be a sound Democratic Party. There
are more Democrats than Republicans. They just
do not participate. Numbers count. If you have
all Democratic Groups focused and helping each
other out or supporting each other in their issues
this judicial situation could change.

Just showing up or not showing up in the Presidential
elecion year can never accomplish great things.
It takes real commitment.

[Jefferson23]

3. It's not that I disagree with your sentiments, yet I do believe until we

have public funded elections, especially the general election, not much will change.