As a reaction to the crack epidemic of the 1980s, many federal drug laws carry strict mandatory sentences. This has stirred unease in Congress and sparked a bipartisan effort to revise and relax some of the more draconian laws.
Traditionally — meaning before Barack Obama — that's how laws were changed: We have a problem, we hold hearings, we find some new arrangement, ratified by Congress and signed by the president.
That was then. On Monday, Attorney General Eric Holder, a liberal in a hurry, ordered all U.S. attorneys to simply stop charging nonviolent, non-gang-related drug defendants with crimes that, while fitting the offense, carry mandatory sentences. Find some lesser, non-triggering charge. How might you do that? Withhold evidence — e.g., about the amount of dope involved.
In other words, evade the law, by deceiving the court if necessary. “If the companies that I represent in federal criminal cases” did that, said former Deputy Attorney General George Terwilliger, “they could be charged with a felony.” But such niceties must not stand in the way of an administration's agenda. Indeed, the very next day, it was revealed that the administration had unilaterally waived Obamacare's cap on a patient's annual out-of-pocket expenses — a one-year exemption for selected health insurers that is nowhere permitted in the law. It was simply decreed by an obscure Labor Department regulation.
Which followed a presidentially directed 70-plus percent subsidy for the insurance premiums paid by congressmen and their personal staffs — under a law that denies subsidies for anyone that well-off.
Which came just a month after the administration's equally lawless suspension of one of the cornerstones of Obamacare: the employer mandate.
Which followed hundreds of Obamacare waivers granted by Health and Human Services Secretary Kathleen Sebelius to selected businesses, unions and other well-lobbied, very special interests.