[vharuck]

We absolve government officials and agents of legal liability for almost every act they do as part of their job, but that's under the assumption that (1) fear of prosecution would paralyze every decision, and (2) the government acts in good faith. Previously, this was taken to be an impenetrable defense. A government too frightened to do anything is useless. And it takes a lot to prove the existence of malice and the absence of desire to help the country.

But I can't see any reason besides malice, or cruel disregard for human rights, behind continually ignoring the usual legal process when they'd already been reminded what it was and that they should stop violating it. The executive staff must have explicitly worded their demands so that the agents in the field circumvented this man's due process. I refuse to believe everyone in the chain was identically derelict in their duties when passing along commands. There was no good faith, and every decision maker behind this kidnapping should be given their own days in court.

As for the paralysis of fear, this should be like accepting a bribe: we want officials to fear prosecution.