The United States, for centuries touted itself as a Rule of Law society. Citizens believe we are all equal before the law, including government officials. This concept is described as “the law is the king,” “no man is above the law,” or “we are a government of laws, not men.”
Unfortunately, the rule of law is neither a rule nor a law. It is a myth. The Biden administration exposes the myth by its every action. The most recent example is the IRS whistleblower who got tired of trying to bring the truth about Hunter Biden’s foreign payments and tax cheating to the top Justice Department (“DOJ”) officials. It appears the DOJ refused to speak with the whistleblowers, however, after listening to a top DOJ official perjure himself before Congress, the whistleblower brought evidence of the DOJ corruption to Congress.
There is the Secretary of Homeland Security, contrary to thousands of hours of video evidence and testimony by border patrol agents and media outlets, who tells Congress the southern border is closed and secure.
The most disturbing corruption, however, is the damage done to the integrity of the U.S. election system by the Biden campaign and its “patriotic CIA officials.” It now appears the letter signed by the fifty-one high-level U.S. security officials was false when sent. It was a lie to the American people in order to influence the 2020 presidential election. While Trump lost the election by receiving fewer votes than Biden, Trump was right that election crimes cost him the election. The crimes were revealed by former CIA acting chief Mike Morrell. He admitted that the letter signed by the “51 intel experts” claiming the Hunter Biden laptop story was Russian misinformation was the real misinformation. Morrell organized the signatures on the false letter to help Biden win the 2020 presidential election. Morrell hoped he would get the top CIA position. Unfortunately, Biden’s patronage was rewarded to Antony Blinken, Secretary of State, for initiating the letter.
The Biden administration’s list of lies, deceptions, and direct interference with criminal investigations prove there is no rule of law in the U.S. The federal government is operating as a criminal syndicate.
Most concerning, however, is other than the undefined, vague limits placed on the government by the Constitution or laws passed by Congress, there is scant mention of how our legal system applies to the operation of government when it acts illegally, even tyrannically. The fact is the federal government is not held accountable other than occasionally being voted out of office. It operates for its own benefit. The doctrine of Sovereign Immunity protects those running government from being subjected to citizens seeking recourse against it for unlawful actions or even crimes.
As with the rule of law, Sovereign immunity is not written into our Constitution. It is merely a doctrine that was not even recognized by the U.S. Supreme Court until 90 years after the ratification of our Constitution. While the Supreme Court protects federal power by applying the doctrine, it struggles to articulate any constitutional foundation for its use. The doctrine currently holds that the federal government cannot be sued without its consent. It bars all lawsuits against the federal government or its officers unless Congress enacts a law that clearly expresses its intent to lift the bar.
With absolute immunity from suit, unless otherwise legislated, there are few mechanisms to hold the United States government accountable for its illegal actions. The government waives some civil immunity in matters for small claims on its purse, such as torts, and breaches of contract. It sets out specific mechanisms so citizens believe they can secure monetary relief against illegal government actions. The Government Accountability Office, however, notes the waiver of sovereign immunity is not enough to assume the victim will be paid. Specifically, there can be no payment without a congressional appropriation.
Since the government is immune from liability without its consent, the only control over the Executive branch is another branch of government that checks the powers of an abusive branch. When all branches of our government are controlled by one party, the Biden administration proves, there is no rule of law since there is no viable check on abusive power.
When at least one part of the government is controlled by the opposition party, there is at least a slim chance of discovering a little of the government’s illegal activity. Unfortunately, unless the President agrees to hold the federal government accountable for crimes or Congress is able to check the powers of the abusive Executive officials, most likely through impeachment, there are no other mechanisms for holding the federal government accountable for its crimes.
The House of Representatives can always impeach an Executive that acts illegally; however, removing a corrupt Executive is unlikely since it requires a two-thirds vote of the Senate. Unless the President’s party votes to convict, the Executive remains in office, and the criminality can continue unchecked.
Certainly, citizens can speak out, protest, demonstrate, and complain about government corruption. In the end, however, citizens will be ignored if the government wants to ignore them. Or arrested if the government wants them arrested, as illustrated by the FBI sending twenty heavily armed FBI agents, with weapons drawn, supported by a fleet of armored vehicles, to arrest a pro-life activist at his home in a small Pennsylvania town while playing with his seven children in the front yard. The crime was not disclosed by the FBI, but press reports suggest the person was arrested for pushing a man who was verbally harassing one of his young children. State authorities refused to prosecute the alleged “crime.” The person claiming to be pushed filed a criminal complaint in state court but failed to show up at trial. The case was dismissed.
Dismissing one case is fruitless if the FBI continues to target as domestic terrorists, objectional groups like pro-life advocates, Catholics attending Latin mass, and parents who speak out at school board meetings.
The only power “We the people” have to control corruption in the federal government is our right to vote. It is extraordinarily powerful. By electing a Republican House of Representatives, Americans are witnessing the exposure of corruption by those who lead the nation. Unfortunately, exposing corruption has its limits since the Biden administration determines who is a criminal and who it will prosecute.
The stakes in the 2024 election are very high. If the Biden administration and the Democratic Senate are not voted out of office, the corruption of the Biden administration will continue unchecked until at least 2029. Who knows what the state of the Republic will be after eight years of unchecked corruption?
William L. Kovacs has served as senior vice president for the U.S. Chamber of Commerce, chief counsel to a congressional committee, and a partner in law D.C. law firms. His book Reform the Kakistocracy is the winner of the 2021 Independent Press Award for Political/Social Change. He can be contacted at [email protected]