When the law is gone, what happens?
Consider the sports rorts affair. The political shit has been spraying off the fan for weeks, with revelation after revulsion about the Coalition government’s lavishing of public money on “grants” chosen solely to get itself reelected.
It’s fraud, theft, corruption on a massive scale, numbing in its brazenness.
There has been much opining about the legal consequences. Writers, including me, have called up the weaponry of the constitution, the Public Governance, Performance and Accountability Act, the common law, ministerial standards and so on, on the implicit assumption that, in our society, when there is illegality, there will be an accounting.
So, what has happened?
Bridget McKenzie has gone temporarily to the backbench, felled not by her facilitating the government’s $150 million cash grab but for failing to declare her membership of a gun club that was awarded grants.
Otherwise, the prime minister tells us, his departmental secretary found no evidence of wrongdoing, despite the acres of evidence that the Australian National Audit Office had already found and reported.
A misdemeanour, picked out with tweezers from the neck-deep muck.
But we can’t see the secretary’s report; it’s secret.
And, the prime minister tells us, the Attorney-General Christian Porter “disagrees” with the Australian National Audit Office’s conclusion that the sports grants program was executed without valid legal authority.
But we can’t see Porter’s advice; it’s secret.
Meanwhile, the Angus Taylor affair — in which a senior cabinet minister’s office used a fake document to try to discredit the Sydney lord mayor — ended last week when the federal police (AFP) announced that it isn’t going to even bother investigating.
Because it’s not serious enough. And Taylor had apologised already. And that’s that.
The legal hypotheticals aren’t dead. It’s still theoretically possible for a disgruntled sporting club to challenge the federal government’s constitutional power to make sports grants, or join the mooted class action seeking damages.
McKenzie could be prosecuted for misconduct in public office and even face personal liability for the losses she caused the Commonwealth.
Clover Moore could take the AFP to court to try to force it to do its job.
But none of these things will happen.
Scott Morrison has stood up and said in explicit terms that his government will not subject itself to the proper legal consequences of its deliberate actions, staring right into the incredulous eyes that that arrogance provokes.
It’s all a bit disconcerting, if you maintain a romantic attachment to the concept of consequence. How can they just get away with it?
Remember when a cabinet minister had to resign for failing to declare the importation of a Paddington bear? Our belief in the rule of law is just that: a belief. An article of faith.
To understand where this is leading, note that the US president has just been acquitted of a charge of abuse of power, which the evidence demonstrated he really did commit.
That evidence was not required by the Republican senators, who were always going to acquit Trump and had no time for details like their constitutional oaths.
Trump is not innocent, but he is untouchable now.
The American system has more inbuilt risks to the rule of law than ours, because their constitution gives the president monarch-like powers and immunity from prosecution while in office, and their judiciary is inherently politicised.
Impeachment is the safety switch, placed unwisely in the hands of political animals.
The integrity of our judiciary, thankfully, remains essentially intact. The same cannot be said for the instruments of law enforcement, particularly the AFP, which has become hopelessly politicised since it fell into Peter Dutton’s Home Affairs empire.
But police forces are always vulnerable to political winds, because they are part of the executive. We must look to parliament and the courts to protect us from the overreach of governmental power.
As I said, the law is never short of options. There’s always a case that can be tried, an appeal filed. But translating legal theory to practical reality depends on an indispensable ingredient: the executive’s willingness to submit.
Democratic government can only sustain when two foundations are honoured: the sanctity of the ballot and the rule of law. If either of these fails, democracy ends.
The rule of law is a social construct. It’s a bluff, and both Trump and Morrison have called it. The executive, which they control, has power that is by law constrained.
But who owns all the guns? Not the parliament, and not the courts.
Whether Morrison and his gang are aware of the damage they are doing, I don’t know. It doesn’t matter. Their shameless refusal to submit to the law is lethal to our democracy.
Like president Eisenhower said: “The clearest way to show what the rule of law means to us … is to recall what has happened when there is no rule of law.”
He’d be horrified.
Well put Michael. Actions have consequences – and the consequences of this particular Australian Government’s actions are that I feel sick to my stomach.
Separately and coincidentally I’m reading The Rise and Fall of the Third Reich at the moment. I don’t think I’m over egging the pudding to say that Trump’s ascent to power and associated Republican support is awfully close to Hitler’s / National Socialists’ playbook.
I wish enough voters would boot both shockers out.
Only some actions have consequences, for some. The actions of this government only have consequences for us. I too keep thinking how, very ordinary, regular everyday, kind, loyal, loving, honest, hard working people voted for Hitler, in the end. Scary!
48 women dead from domestic violence so far last years and this .. but the Rule of Law Porter gets rid of the Family Court.. .. meanwhile….
Some of us are awake – it’s those of us that like to keep voting in a dream that give me nightmares.
Well how about :-
“While ‘Accessary Fecking Plod’ decides which “serious” cases to pursue …………… along political lines.
… Meanwhile I’m waiting for the “wafeur-thin mint.””
Is there anything more ungodly than the godly?
Psychopaths are frequently church goers as this gives them a cover for the serenity with which they gleefully ignore any inconvenient law or truth regarding their behavior.
Being awake doesn’t help with present government. For first time in my 76 years we have a government that BLATANTLY breaks laws without any level of admission or contriteness. Joh Bjelke Petersen was bad with proven paper bags of bribe money reaching ministers etc. but nothing approaching the millions (well billions in total) across GBR Foundation, Manus, Nauru, Christmas Island mates’ contracts, and finally (with many unmentioned), Sports Rorts! His ex Chief of Staff (I think) does an inquiry into what the Attorney General has called out as a blatant breach of the guidelines and says “nothing to see here”! Well, we’ve all seen what was published and that suggests we should have French (or Russian) style revolution. It is so bad there is risk of even the sleepy OZ population rising in rebellion. IS there any scope for even QE2 to suggest to GG that one of her colonies is a bit out of line – er well relative to Westminster protocols a lot out of line? There maybe nothing constitutional possible BUT SHE would put cat among pigeons if a sly mention of HER disapproval occurred. Hey Lizzie – we need help!
“….. into what the Auditor General …..”. Can you imagine The Wagic Christian doing that?
The nats and QLD cops basically had a pet crime gang and directly helped them do organised crime, FYI. Watch the old ‘Moonlight State’ 4 corners episode. Morrison will be worse if it turns out the AFP merged with the mafia.
I certainly remember the days of Bejelke Petersen government.
The mistake everyone makes is to not understand that not all the police were corrupt.
Secondly, whatever is taught at the Police academy the extent of the crimes committed are certainly not expanded upon.
As for the mafia, maybe/ possibly however dancing to the government of the day’s tune, it is a given.
I thought the AFP is the mafia!
Great thoughts and well put
Revolution is the only answer to a Government which does not answer to the electorate.
Is there anybody to write to to complain about the AFP? To pressure them to do their jobs?
Also, what of the case against the Liberal Party over those Chinese language posters in the colours of the AEC? Has that been concluded yet, or is it still hanging around somewhere?
To me, that sounds like straight up fraud.
As is does in Taylor’s case.
But then signing a parliamentary expenses claim that is later proven to be incorrect would also appear to be fraud. But only Peter Slipper has been charged for that, despite the many cases of false claims.
If we need an exercise in hypocrisy then the Peter Slipper affair probably has to be up there with one of the besties of an example.
Tony Abbott attended Peter Slipper’s wedding and say he had considered himself a friend.
When Peter Slipper was offered the speakers job in parliament, I thought it was interesting to put a member of the opposition in the chair, and that there would be less partisan decisions made by him, I was right.
Then came the toxic and shameful episodes of “tear Peter Slipper to bits” the players of this game are mostly out of parliament now. You all know who you are and any of you who have a conscience need to reflect on your behavior and understand that you nearly caused this man’s death!
Those of you that don’t feel any shame, please understand that you are held in contempt, and someone who has the same personality disorder will throw you under the bus at their convenience.
For the magnitude of the thunderous pursuit of Peter Slipper for around $600 , the ink and trees that died so that Tony Abbott, Battlelines (his book/ manifesto), clutched to his chest as he urged the pursuers onward.
Aided and abetted by James Ashby currently of Pauline’s party and formerly the perfidious diary leaker and staffer of Peter Slipper.
Peter Slipper was not allowed to repay the $600, an example was going to be made of him, for Tony Abbott’s satisfaction!
At the same time Tony Abbott was not making an example of himself and he repaid almost $6000 he had claimed as travel expenses whilst he was promoting “Battlelines”.
It was not printed on soft quilted paper and so failed to sell very well at all.
yes they Fry em up was found not guilty by a judge
So, back to the jury of public opinion then and their vote at the ballot box. Oh, no, wait. That’s right, the jury can be knobbled by being paid off using their own money. Damn, no where left to turn. Sorry, Australia, you created them, you empowered them, you failed to hold them to account. Good luck!
As for “the AFP, which has become hopelessly politicised since it fell into Peter Dutton’s Home Affairs empire”?
The politicisation of A.F. Plod goes back to Keelty’s emasculated capitulation to Howard – after Keelty had the temerity to tell us that Howard’s invasion of Iraq made us a target for Muslim extremists, something Howard didn’t want us contemplating and publicly ‘bitch-slapped’ him down for it.
After that we had Keely’s Keystone Kops delivering the Bali 9 (sold up the river for the politics) and the spectacle of retaining Haneef with an election looming and the Howard government up Shite Creek and short on poles. A stunt that even the Qld cops thought was stupid.
Thank you klewso. Keelty was still protesting his innocence last night. It was an appalling give up of Australian citizens, and the Iraq war turn around was humiliation.