Washington Is a Sledgehammer; We Are Nails by William L. Anderson

William L. Anderson writes:

"Today, we see the Patriot Act, a law that Lew Rockwell once told me was 'RICO on steroids,' being used not to fight 'terrorism,' but rather to severely punish individuals in order to 'send a message' to the rest of us... federal prosecutors now have decided to put forth the legal fiction that a New Jersey man who was shining a green laser at air traffic near an airport is a 'terrorist.'...

"The FBI acknowledged the incident had no connection to terrorism but called Banach's actions 'foolhardy and negligent.'...

"The latest incident involved a very stupid act by a person who most likely did not understand the consequences of his behavior...

"But doing something stupid and committing an act of terrorism clearly are not one and the same, yet federal prosecutors are using the Patriot Act to throw Banach into prison...

"To put it another way, the feds are using a sledgehammer in a situation that does not even call for a regular hammer. While one can call this a case of 'overcriminalization,' the actions by federal prosecutors are not the result of overzealousness but rather a cruel, calculated and deliberate act to let the rest of us know that we are the slaves and federal prosecutors and law enforcement are our masters...

"Furthermore, while one can understand why Banach might have been less-than-full-truthful when first confronted with investigators, it would seem to me that the much bigger lie has been told by Bush Administration officials. As pointed out earlier in this article, federal officials promised Congress that they would not abuse the new and extraordinary powers that were given them. That clearly was and is a lie. Lying to Congress is a crime for the rest of us, but for federal prosecutors and their ilk, it is another day at the office.

"Yes, Banach did something that was incredibly stupid, but there also was clearly no criminal intent. Once upon a time in America, intent – the doctrine of mens rea – mattered when it came to the pursuit of criminal acts. Today in Amerika, the only thing that matters is the accumulation of power by federal officials, who then wield it like a sledgehammer against the rest of us..."

Washington Is a Sledgehammer; We Are Nails by William L. Anderson