Glenn Harlan Reynolds

"Nothing could be further from the truth. I mean, we wouldn't do that." That was CIA Director John Brennan's answer in March when Sen. Dianne Feinstein, D-Calif., charged the CIA with breaking into computers used by Senate investigators looking into CIA misconduct.

It turns out that the CIA would do that — and, in fact, had done so. Brennan's reassurances were false, and CIA spooks had been hacking into the committee investigators' computers looking for documents they thought the investigators shouldn't have, violating a promise not to. So, first Brennan broke a promise. Then, he either lied, or showed that he doesn't control his own agency, which in many ways would be worse.

Brennan has apologized, but his apology won't be the end of things. We're already seeing bipartisan calls for his removal, from Sens. Mark Udall, D-Colo., Martin Heinrich, D-N.M., and Sen. Rand Paul, R-Ky. The White House is hanging tough so far, but we're now hearing comparisons made to the speed with which Brennan's predecessor, Gen. David Petraeus, was cut loose over an extramarital affair. Does this mean that the White House views spying on, and lying to, members of Congress as less serious than an affair?

The answer to that, alas, is probably "yes." Contempt for Congress, and for separation of powers and historical understandings about the roles of the executive and legislative branches, has been a hallmark of the Obama administration. It's not surprising that in such an atmosphere, CIA operatives would feel comfortable snooping on the Senate, and that a CIA director would feel confident issuing blanket denials when questioned.

And what's the worst that's likely to happen to Brennan? Even if he does lose his job, he will — like former NSA director Keith Alexander — just step through the revolving door into a high-paid private-sector consultancy. But without consequences, why should we expect better behavior in the future?

Call me old-fashioned, but I believe that people respond to incentives: If spying on, and lying to, Congress is dangerous, and the results of being caught unpleasant, then there will be less of it. If, on the other hand, the worst risk is a slap on the wrist and a seven-figure career in the private sector, then I suspect we'll see more of this kind of bad behavior.

Congress can, of course, charge Brennan with contempt of Congress, or refer him for prosecution under the False Statements Act. But in both cases, the decision to prosecute would be made by Attorney General Eric Holder, who seems to see his role not as administering justice, but as running interference for the Obama administration and protecting its officials from consequences. (Holder himself has already been held in contempt of Congress for stonewalling an investigation into ATF gun-running to Mexican drug gangs). Likewise, Sen. Udall's call for a criminal investigation of the CIA will go nowhere so long as Holder continues to play scandal-goalie.

Alas, as with the IRS' stonewalling of investigations into its targeting of Obama's political opponents, consequences for offenders seem hard to come by in the face of an administration that has no shame. Probably the best that Congress can do is to punish the entire CIA by using its budgetary power to make employees' lives worse: Cutting back on bonuses, raises, conferences, and other perks. Where the IRS is involved, there's some talk of abolishing most of it in favor of a national sales tax that would require much less bureaucracy and provide fewer opportunities for abuse, but that's unlikely to go anywhere anytime soon.

The sad truth is that when you elect irresponsible people into positions of power, you get irresponsible government. President Obama oozes contempt for Congress, and for longstanding unwritten political accommodations among the branches, at every opportunity. It's unsurprising that his underlings feel — and act — consistently with that view.

If the American electorate votes more responsibly next time, things will get better. Until then, alas, elections have consequences, and this is one of them.

Glenn Harlan Reynolds, a University of Tennessee law professor, is the author ofThe New School: How the Information Age Will Save American Education from Itself.

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