• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2022
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Congress Has Created An Average of 50 New Crimes Per Year for the Past Decade

December 21, 2015 | FlaglerLive | 4 Comments

fbi j. edgar hoover building washington dc
They’ve been much too busy at FBI headquarters. (Ian T. Edwards)

By John Kiriakou

The media is fond of calling out our “do-nothing Congress.” Indeed, our national lawmakers’ last term was one of the least productive in history.

But maybe that’s not such a bad thing.

According to author John Whitehead, Congress has created, on average, 50 new crimes per year for the past decade. Not 50 newlaws. Fifty new crimes.

The trend is headed in the wrong direction. In just the five years from 2008 until 2013, according to the Congressional Research Service, Congress created 439 new criminal offenses. That made for a grand total of 4,889 federal crimes. And that’s in addition to the growing number of state and local crimes for which Americans can be prosecuted.

To make matters worse, many of these federal laws lack any mens rea, or “guilty mind,” requirement. That means you can be prosecuted even without criminal intent. Didn’t mean to break the law? Tough luck.

Not all criminalization is bad, of course. We really do need laws — new ones in some cases — to combat child pornography, human trafficking, police brutality, and other such affronts. The problem is when Congress oversteps and federal law enforcement authorities go hog wild, drunk with power.

In late 2013, Coast Guard agents — that’s right, even the Coast Guard has federal agents — stormed the home of a Washington Times reporter to search for a “potato gun.” A what?

other-wordsIt’s a homemade device that uses a PVC pipe to launch potatoes and other vegetables into the air. I had one as a kid.

The agents didn’t find a potato gun or any other weapon. Instead, they seized the reporter’s notes, which identified her sources — and for which they didn’t have a warrant. The Coast Guard claimed they’d discovered government documents, but they were forced to return the notes after learning the documents were legally obtained through the Freedom of Information Act.

More recently, two environmental protesters went to the headquarters of Devon Energy, a large utility with ties to the foiled Keystone XL Pipeline, where they unfurled a banner in the lobby. It read, a la The Hunger Games, “The odds are never in our favor.”

As the banner unrolled, some glitter fell onto the floor of the lobby. Police arrived, determined the glitter was a “potentially hazardous substance,” and charged the duo with perpetrating a “terrorism hoax.” In the end the charges were dropped — but not before the protestors were booked, fingerprinted, and arraigned.

There’s some light at the end of this tunnel. The House of Representatives earlier this year adopted a new rule whereby the Judiciary Committee has the opportunity to “review and improve the language“ of any bill that creates a new federal crime or modifies an existing one.

The move has the support of both the conservative Heritage Foundation and the progressive National Association of Criminal Defense Lawyers. Supporters hope that cooler heads will prevail in the committee and that federal criminalization will be slowed.

It’s a good start. But in the end, perhaps what we really need are more “do-nothing” Congresses.

john-kiriakouJohn Kiriakou is an associate fellow at the Institute for Policy Studies. He’s a former CIA counterterrorism officer and senior investigator for the Senate Foreign Relations Committee. See his previous column, “Paying for Patriotism: The Pentagon’s Crass, Misguided Stunts.“

Print Friendly, PDF & Email
You and your neighbors collectively read our articles about 25,000 times each day (that's not a typo) with up to 65,000 daily reads during emergencies like hurricanes. Flagler County residents rely on FlaglerLive for essential, bold and analytical journalism that cannot be found anywhere else. But we depend on your support. Please join our December fund drive! If you donate the cost of a scoop of ice cream, you will be helping us continue to provide comprehensive local news and honest, serious journalism for our community. If you can donate more or become a monthly donor, even better. Donations are tax deductible since FlaglerLive is a 501(c)(3) non-profit news organization. Donate by clicking anywhere in this box. Think of it as buying a scoop, in every sense of the term!  
All donors' identities are kept confidential and anonymous.
   

Reader Interactions

Comments

  1. scoff the cuff says

    December 21, 2015 at 11:11 am

    This is what we pay for. And pay, and pay, and pay.
    Where’s the Libertarian candidate, already?

    Reply
  2. Just me says

    December 21, 2015 at 1:58 pm

    He is there his name is Rand Paul.

    Reply
  3. Fed Off says

    December 21, 2015 at 3:33 pm

    Its a down right CRIME !!!!

    Reply
  4. Reason4anunreasonableworld says

    December 22, 2015 at 10:08 am

    And yet compounding student loan debt is still NOT a crime…

    Reply
  • politis matovina attorneys for justice personal injury law auto truck accidents
  • grand living realty

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Advertisers

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • FlaglerLive on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Brian on Palm Coast’s Darryl Boyer, Running for Renner’s Seat, Appears on Fox & Friends to Talk Trump/DeSantis
  • Deborah Coffey on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Deborah Coffey on Upside of Unrequited Survives Book Ban at FPC, But 57% of Challenged Titles Were Removed From Flagler Schools This Year
  • Looking for truth on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Sherry on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Laurel on Upside of Unrequited Survives Book Ban at FPC, But 57% of Challenged Titles Were Removed From Flagler Schools This Year
  • Sherry on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Sherry on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Laurel on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • John on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Laurel on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Laurel on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Mary Fusco on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • Wesley on I’m Almost 67, I Worked 22 Years With Walmart, Yet Can’t Afford to Retire
  • HayRide on Palm Coast Fines Waste Pro $125 For Every Recycling Bins It’s Taking Back and Threatens Litigation

Log in