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I’ve been giving thought to how the deep state can be truly abolished. I don’t think that the proposed reorganization plans unveiled by the White House, for all their vast benefits, will do very much to eliminate it.
The deep state creates two problems for Americans. First, the deep state (like all organizations) desires to perpetuate itself through its influence over the political classes.
Second, the deep state enjoys its vast powers buried and permeating the United States Code relating to the administrative agencies. The Supreme Court case of Wilkie v. Robbins, 551 U.S. 537, decided in 2006, was about a victim of government abuse that included frivolous criminal charges (of which he was acquitted) and frivolous administrative fines. All because the victim refused to grant the Government an easement on his land. The easement or the land could have been taken by eminent domain.
The Supreme Court said that because Mr. Wilkie defeated the frivolous administrative charges and frivolous criminal charges in court, he already had his remedy and could not recover damages for the abuse of power, including the attorneys’ fees he had been forced to incur. The case revealed the deep state at its worst and most abusive.
I have no idea what to do about the first problem.
However, I think I have a proposal to address the second. Abuse of power by administrative agencies is a continuing and serious problem and threat to liberty. I propose that Congress pass a law that criminalizes abuse of power and gives a right of civil action against the individual who abuses power, simultaneously forbidding the government from defending the power abuser. To protect the occasionally innocent government employee, the prevailing party should be able to recover its reasonable attorneys’ fees. The statute should expressly provide that one result of a successful prosecution (criminal or civil) of a power-abuser is that the power-abuser loses his or her cushy federal job and all accumulated retirement benefits.
If such a statute causes government employees to be so timid that the agency grinds to a halt, so be it.