With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful, by Glenn Greenwald (2011, Metropolitan Books, New York) reports the news: powerful people have attacked a founding principle of the United States, equality under law. These people, politicians and corporate interests, have reached a point where they dismiss Federal laws and international agreements openly, even boastfully. Greenwald provides in-text sources for the modern-day events and quotes the Founding Fathers or gives Constitutional sources for his background references. However, he does not give footnotes or endnotes should a reader wish to check the references.
Greenwald’s communication strength rests on his passion. He does very well at saying, “This happened, here’s proof it happened, and it’s wrong because it’s against the Constitution and the intentions of the Founding Fathers!” He makes this statement in reference to equality under the law very thoroughly, focusing on events from the President Ford’s pardon of Richard Nixon to President Obama’s refusal to investigate or prosecute either Bush Administration torturers or Wall Street’s grand-scale fraudsters.
Greenwald spares neither parties nor personalities; liberals, conservatives, and moderates will each find some discomfort here. He also removes the illusions of those who still see the media as eager to expose wrongdoing. Greenwald concludes with a contrasting chapter on the lot of the less powerful, pointing out that the US prison population is huge and tends to be minorities and poor people. He points out that this growing prison population, largely non-violent drug users, does not correlate to either lower crime rates or reductions in drug use. In this chapter, he gives a good background to suggest why this continues despite its inability to achieve the stated results.
The flaws in Greenwald’s communication derive from his failure to go beyond passion. Except in the last chapter, he gives little background for his characters or their times. For example, why would Nixon do something as desperate as the Watergate break-in when he was leading in the polls and very likely to be re-elected without that? Why do people who make millions of dollars annually seek to make more millions by violating the law?
More importantly, he only cries foul; he does not suggest changes to make or even consequences of the current course. This negates his passion. Moving people to strong feelings without asking them to do something brings them depression and frustration, not understanding and satisfaction.
In short, With Liberty and Justice for Some gives a clear and impassioned picture of the decay of equality under law in the United States, but does little to help one understand why this is happening or what to do about it.
