When it's committed by the DOJ, apparently. According to this article on the Huffington Post, Michael Mukasey stated the plan was that justice department staffers would not be prosecuted for alleged illegal hiring practices. The key phrase in his statement? "Not every wrong, or even every violation of the law is a crime."
I wonder what would happen if a defendant attempted to use that as a defense... "Yes, your honor, I know that the law says 'Don't do X,' and I did it, but violating this law is not a crime." Somehow, I don't think the Court would buy it. I know I don't. But I would never suggest that a Bush appointee investigating the acts of other Bush-administration appointees would decline to prosecute a crime merely because they're all on the same side...
I think that perhaps, had he phrased it differently, it would be a more accurate statement. While I disagree with his assertion that not every violation of the law is a crime, I would say that perhaps not every violation of the law warrants criminal prosecution or potential jail time. But if it's not a crime to violate the law, then why have a law in the first place?
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