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While the facts surrounding the police killing of Michael Brown in Ferguson, Missouri, must still be determined, one thing is clear: If it turns out that the killing was not justified, the law dictates that he is subject to being criminally indicted and also to being sued in a civil action for wrongful death by Brown’s survivors.
Not so, however, if the killing had come at the hands of the military or the CIA. In that case, the soldier or the CIA agent would be immune from criminal prosecution and civil suit, so long as they claimed that the killing took place as part of a “national-security” operation. Once their lawyers cited those two magical words, every judge in the land, both state and federal, would immediately slam down the gavel and declare “Case dismissed.”
Among the best examples of this immunity phenomenon involves the murder of two American men, Charles Horman and Frank Teruggi, during the Chilean coup in 1973, ...
If anyone thinks that CIA Director John Brennan is going to be severely punished for lying about the CIA’s hacking into the computers of members of Congress who were investigating torture inflicted on people by the CIA, think again. It’s not going to happen. Everyone knows that lying is the official policy of the CIA and a well-established, accepted custom, much as it is for the rest of the U.S. national-security state.
Indeed, don’t forget Director of National Intelligence James Clapper’s false statements to Congress, in which he lied about the NSA’s surveillance of Americans. Unlike private citizen Martha Stewart, who received a felony conviction and a 6-month jail sentence for lying to federal agents, Clapper got a complete pass — no investigation, no indictment, no trial, no conviction, no sentencing, no fine. That’s because of the wall of protection that has been built around the national-security state apparatus—i.e., the military and the CIA—a wall of protection that has only ...