In the current system, there is nothing necessarily inherently illegal about the use of private prisons. So how are they even legal? In part, because - despite private-public turnover and speedily passed laws and court interpretations - the American people didn’t make a strong case. And future beneficiaries did.

By BOP standards, private prisons are legally allowable. By their standards too, those setting policy for the public benefit are free to reap private benefits. Private prison operators, at least officially, won’t wear out their trial welcome until they’re officially proven failures. But with renewed scrutiny of privatized corrections coming to Congress, we’re forced to wonder: how is this even legal in the first place?

Reports by a specially-tasked agency looking for fraud in Afghanistan reveal allegations ranging from simple pay-to-play bribery schemes to concerns about whether a security contractor paid the Taliban to not attack U.S. forces and kill a rival.