The point is that an agent of the justice department relies on legal counsel for their actions. If the legal counsel believes an action is legal, then the agent proceeds. If the action is later deemed illegal one can't prosecute someone for acting in good faith and following what they believed to be a legal course of action.
What matter here is intent.
Without intent to break the law, and where the matter exists in an area not specifically described in existing legislation you cannot prosecute.
It's really as simple as that.
Put another way, if I acquire a starship and mine Saturn's rings - I can't be prosecuted if government legal counsel has found nothing illegal in my actions because "mining Saturn's rings with a starship" has never been specified and prohibited. If later legislation is enacted which prohibits such, I would naturally cease & desist.
Such is the situation the Justice Dept. agents are in. The rule of law is not being broken down, it's just the sort of thing one expects in the nuanced, hyper-legislated lawyer-world we live in.
Current Events » in reply to Mukasey modifies "I was only following orders" excuse
"Am I missing something here?"
The whole thread (29 posts)
- Mukasey modifies "I was only following orders" excuse
- If the day ever comes where this sort of argument is made by a 'liberal' administration
- "Am I missing something here?"
- This is one of those sights...
- It seems, essentially, that whats being said here
- Conservatives have really got to go while there is something left of this country to salvage.