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In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being "The Dirty Bomber."  Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically.  All of this -- including the torture -- was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials.  Just as the Supreme Court was about to hear Padilla's plea to be charged or released -- and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind -- the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla's arguments as "moot"; Padilla was then convicted and sentenced to 17 years in prison.

Which is not to say that the Obama era has meant an end to law enforcement. On the contrary: In the past few years, the administration has allocated massive amounts of federal resources to catching wrongdoers - of a certain type. Last year, the government deported 393,000 people, at a cost of $5 billion. Since 2007, felony immigration prosecutions along the Mexican border have surged 77 percent; nonfelony prosecutions by 259 percent. In Ohio last month, a single mother was caught lying about where she lived to put her kids into a better school district; the judge in the case tried to sentence her to 10 days in jail for fraud, declaring that letting her go free would "demean the seriousness" of the offenses. So there you have it. Illegal immigrants: 393,000. Lying moms: one. Bankers: zero. The math makes sense only because the politics are so obvious. You want to win elections, you bang on the jailable class. You build prisons and fill them with people for selling dime bags and stealing CD players. But for stealing a billion dollars? For fraud that puts a million people into foreclosure? Pass. It's not a crime. Prison is too harsh. Get them to say they're sorry, and move on. Oh, wait - let's not even make them say they're sorry. That's too mean; let's just give them a piece of paper with a government stamp on it, officially clearing them of the need to apologize, and make them pay a fine instead. But don't make them pay it out of their own pockets, and don't ask them to give back the money they stole. In fact, let them profit from their collective crimes, to the tune of a record $135 billion in pay and benefits last year. What's next? Taxpayer-funded massages for every Wall Street executive guilty of fraud?

The U.S. Army yesterday announced that it has filed 22 additional charges against Bradley Manning, the Private accused of being the source for hundreds of thousands of documents (as well as this still-striking video) published over the last year by WikiLeaks. Most of the charges add little to the ones already filed, but the most serious new charge is for "aiding the enemy," a capital offense under Article 104 of the Uniform Code of Military Justice. Although military prosecutors stated that they intend to seek life imprisonment rather than the death penalty for this alleged crime, the military tribunal is still empowered to sentence Manning to death if convicted.