Comment by mindslight
1 hour ago
As opposed to the current status quo where would-be criminal actions of public officials against otherwise-uninvolved private citizens go unpunished? I don't find this argument compelling, as it would still at least limit the blast radius to people who get involved in public office.
And once again there isn't much that can be done about corrupt public officials unjustly prosecuting/persecuting former officials as it comes down to that same human problem rather than a system problem - regardless of whether there is or isn't criminal liability for actions adjacent to official acts, they are still subject to the rest of the law! For example James was persecuted under the guise of having defrauded an unrelated agency in a personal capacity, independent of her actions as an official being what drew the aggro. Those persecutions of Comey and James basically rely on a post-truth electorate that doesn't care, and who chose to reelect a destructive tyrant who repudiates our American values merely to stick a fork in the eye of "the elites".
And while we can also talk about ways of reforming the system to prevent that (eg Constitutional amendment that explicitly divides power amongst independent agencies), I don't think it has much bearing on how we should be drawing legal lines in the sand to constrain public officials.
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