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View Diary: Criminally Investigating Not the Problem, But Rather the Person Who Raised the Problem (198 comments)

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  •  Right. The "scope of employment" shield applies (3+ / 0-)
    Recommended by:
    Vitarai, paul94611, MsGrin

    to civil actions. I have never heard of any civil employee having a legal shield against criminal charges. They do have certain immunity from legal actions resulting from acts determined to be within the scope of duty and not criminal in nature. That principle has nothing to do with "the criminal violations inherent in the government actions that he authorized and supervised" you mention.

    What you are talking about is a general failure of our legal system and the "rule of law," a corrupt Executive asserting royal perogative and failure of the Legislative to remedy that by impeachment and removal.

    It is a mistake and confuses issues to conflate one with the other. The civil shield has a purpose. Nobody could afford to serve or be employed by government if exposed to lawsuit and expenses of defending against unlimited lawsuits challenging acts within the legal scope of their duties. The other is simply refusal of the executive branch prosecutors to do their jobs and honor their oaths--whether federal, state or local.

    The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

    by pelagicray on Thu Jan 08, 2009 at 02:14:49 PM PST

    [ Parent ]

    •  We are in agreement.. (0+ / 0-)

      The key will be the process whereby our political society determines how or if it will address the reestablishment of the rule of law to what is now the reality of royal prerogative in the executive.

      While there is no formal system of deferment of criminal charges via a shield for civil or military service there has developed a strong disincentive for those that populate the institutions of justice both civil & military from bringing any charges that might detract from the status of the organization to which the person/s are involved.  This is the realization of a process whereby "loyalty to the institution" has been conflated with "protection of the institution from all negative news or publicity".  It is this operative condition that I am addressing from my observations from within the institutions of justice and national security where I spent my entire adult career.

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