What If the Military or CIA Had Killed Mike Brown?

by Jacob G. Hornberger
Aug. 20, 2014

While the facts surrounding the police killing of Michael Brown in Ferguson, Missouri, must still be determined, one thing is clear: If it turns out that the killing was not justified, the law dictates that he is subject to being criminally indicted and also to being sued in a civil action for wrongful death by Brown's survivors.

Not so, however, if the killing had come at the hands of the military or the CIA. In that case, the soldier or the CIA agent would be immune from criminal prosecution and civil suit, so long as they claimed that the killing took place as part of a "national-security" operation. Once their lawyers cited those two magical words, every judge in the land, both state and federal, would immediately slam down the gavel and declare "Case dismissed."

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