Are Cameras the New Guns?

GIZMODO– In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

Massachusetts attorney June Jensen represented Simon Glik who was arrested for such a recording. She explained, “[T]he statute has been misconstrued by Boston police. You could go to the Boston Common and snap pictures and record if you want.” Legal scholar and professor Jonathan Turley agrees, “The police are basing this claim on a ridiculous reading of the two-party consent surveillance law – requiring all parties to consent to being taped. I have written in the area of surveillance law and can say that this is utter nonsense.”

The courts, however, disagree. A few weeks ago, an Illinois judge rejected a motion to dismiss an eavesdropping charge against Christopher Drew, who recorded his own arrest for selling one-dollar artwork on the streets of Chicago. Although the misdemeanor charges of not having a peddler’s license and peddling in a prohibited area were dropped, Drew is being prosecuted for illegal recording, a Class I felony punishable by 4 to 15 years in prison.

Continue reading at GIZMODO.

Wendy McElroy is the author of several books on anarchism and feminism. She maintains the iconoclastic website ifeminists.net as well as an active blog at wendymcelroy.com.

© COPYRIGHT GIZMODO, 2010

Obama to Use National Guard to Beef up Border Security

LA TIMES– With its immigration overhaul effort bogged down in Congress, the Obama administration will deploy up to 1,200 National Guard troops to the violence-plagued Mexican border, officials said Tuesday.

News of the expected deployment came just hours after Obama met with GOP senators over lunch and discussed immigration and other issues on his agenda. Republicans last month wrote to the president asking for a larger National Guard deployment along the border to deal with drug-running and the smuggling of people.

The administration will seek $500 million to pay for the Guard and other border-protection measures. The Guard is expected to focus on efforts against drug trafficking, which has made the border region a murder zone. The troops are not expected to do law enforcement.

The last time the Guard was sent to the border was in 2006, when President George W. Bush sent thousands of troops to handle support issues and to free up U.S. Border Patrol agents.

In an afternoon appearance on the Senate floor, Sen. John McCain (R-Ariz.) called for a renewed effort to bring the border region under control. In televised remarks,  McCain, who had been a leading proponent of immigration overhaul, argued that troops were needed to prevent the human rights violations carried out by smugglers bringing undocumented workers into the U.S.

The dispatch of federal troops comes as the national spotlight has again turned to immigration issues after Arizona passed a law that gives police the power to stop people they suspect of being undocumented workers.

Liberals have vowed to overturn the law, arguing it is unconstitutional. Conservatives, however, have backed the law as needed to secure the borders.

Obama has pushed immigration issues, but his efforts have been rebuffed in this midterm election year. On Tuesday, he told the Republican lawmakers that he needed their help in getting a sweeping overhaul through the Senate.

Obama has repeatedly argued for better border security, a position backed by Mexico President Felipe Calderon, who recently visited the White House.

But Obama has also called for a program targeting employers of undocumented workers and a plan to give those immigrants a path to citizenship after paying penalties.

Written by Michael Muskal, twitter.com/LATimesmuskal

Fascist America, in Ten Easy Steps

ALTERNETEditor’s note: This is adapted from Wolf’s forthcoming book “The End of America: A Letter of Warning to a Young Patriot.”

Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down — the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel and took certain activists into custody.

They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy, but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.

As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated in the United States by the Bush administration.

Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree, domestically, as many other nations. Because we no longer learn much about our rights or our system of government — the task of being aware of the Constitution has been outsourced from citizens to professionals such as lawyers and professors — we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don’t learn much about European history, the setting up of a department of “homeland” security — remember who else was keen on the word “homeland”? — didn’t raise the alarm bells it might have.

It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable — as the author and political journalist Joe Conason has put it — that it can happen here. And that we are further along than we realize.

Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the United States.

1. Invoke a terrifying internal and external enemy.

After we were hit on Sept. 11 2001, we were in a state of national shock. Less than six weeks later, on Oct. 26, 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” intending to “wipe out civilization.” There have been other times of crisis in which the United States accepted limits on civil liberties, such as during the Civil War, when Lincoln declared martial law, and the Second World War, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: All our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space — the globe itself is the battlefield. “This time,” Fein says, “there will be no defined end.”

Creating a terrifying threat — hydralike, secretive, evil — is an old trick. It can, like Hitler’s invocation of a communist threat to the nation’s security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the “global conspiracy of world Jewry”, on myth.

It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain, which has also suffered violent terrorist attacks, than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilization as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.

2. Create a gulag.

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) — where torture can take place.

At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals.” Initially, citizens tend to support the secret prison system; it makes them feel safer, and they do not identify with the prisoners. But soon enough, civil society leaders — opposition members, labor activists, clergy and journalists — are arrested and sent there as well.

This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.

With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA “black site” prisons throughout the world, which are used to incarcerate people who have been seized off the street.

Gulags in history tend to metastasize, becoming ever larger and more secretive, ever more deadly and formalized. We know from firsthand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the U.S.-run prisons we are aware of and those we can’t investigate adequately.

But Americans still assume this system and detainee abuses involve only scary brown people with whom they don’t generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: “First they came for the Jews.” Most Americans don’t understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.

By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24, 1934, the Nazis, too, set up the People’s Court, which also bypassed the judicial system: Prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favor of Nazi ideology when making decisions.

3. Develop a thug caste.

When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorize citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: You need citizens to fear thug violence, and so you need thugs who are free from prosecution.

The years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the U.S. military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time U.S. administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution.

Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode, but the administration’s endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home, in U.S. cities.

Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for “public order” on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station “to restore public order.”

4. Set up an internal surveillance system.

In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China — in every closed society — secret police spy on ordinary people and encourage neighbors to spy on neighbors. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state program to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.

5. Harass citizens’ groups.

The fifth thing you do is related to step four — you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favor of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under U.S. tax law, have been left alone.

Other harassment is more serious: The American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents, and a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents.” The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organizations engaged in peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary U.S. citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism.” So the definition of “terrorist” slowly expands to include the opposition.

6. Engage in arbitrary detention and release.

This scares people. It is a kind of cat-and-mouse game. Nicholas D. Kristof and Sheryl WuDunn, the investigative reporters who wrote “China Wakes: the Struggle for the Soul of a Rising Power,” describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: You are targeted in this way once you are on the list, and it is hard to get off the list.

In 2004, America’s Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco, liberal Sen. Edward Kennedy, a member of Venezuela’s government (after Venezuela’s president had criticized Bush), and thousands of ordinary U.S. citizens.

Professor Walter F. Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic “Constitutional Democracy.” Murphy is also a decorated former Marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, “because I was on the Terrorist Watch list,” he said.

“Have you been in any peace marches? We ban a lot of people from flying because of that,” asked the airline employee.

“I explained,” said Murphy, “that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution.”

“That’ll do it,” the man said.

Anti-war marcher? Potential terrorist. Support the Constitution? Potential terrorist. History shows that the categories of “enemy of the people” tend to expand ever deeper into civil life.

James Yee, a U.S. citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the U.S. military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.

Brandon Mayfield, a U.S. citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.

It is a standard practice of fascist societies that, once you are on the list, you can’t get off.

7. Target key individuals.

Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate,” in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7, 1933.

Bush supporters in state legislatures in several states put pressure on regents at state universities to penalize or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.

Elsewhere, a CIA contract worker who said in a closed blog that “waterboarding is torture” was stripped of the security clearance she needed in order to do her job.

Most recently, the administration purged eight U.S. attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were “coordinated” too, a step that eased the way of the increasingly brutal laws to follow.

8. Control the press.

Italy in the 1920s, Germany in the ’30s, East Germany in the ’50s, Czechoslovakia in the ’60s, the Latin American dictatorships in the ’70s, China in the ’80s and ’90s — all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.

The Committee to Protect Journalists says arrests of U.S. journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened “critical infrastructure” when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.

Other reporters and writers have been punished in other ways. Joseph C. Wilson accused Bush in a New York Times op-ed of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy, a form of retaliation that ended her career.

Prosecution and job loss are nothing, though, compared with how the United States is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the U.S. military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organizations ranging from al-Jazeera to the BBC. While Westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC’s Kate Adie. In some cases reporters have been wounded or killed, including ITN’s Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the U.S. military and taken to violent prisons; the news organizations were unable to see the evidence against their staffers.

Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.

You won’t have a shutdown of news in modern America — it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.

9. Dissent equals treason.

Cast dissent as “treason” and criticism as “espionage.” Every closing society does this, just as it elaborates laws that increasingly criminalize certain kinds of speech and expand the definition of “spy” and “traitor.” When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times‘ leaking of classified information “disgraceful,” while Republicans in Congress called for Keller to be charged with treason, and right-wing commentators and news outlets kept up the “treason” drumbeat. Some commentators, as Conason noted, reminded readers, smugly, that one penalty for violating the Espionage Act is execution.

Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and “beaten, starved, suffocated, tortured and threatened with death,” according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.

In Stalin’s Soviet Union, dissidents were “enemies of the people.” National Socialists called those who supported Weimar democracy “November traitors.”

And here is where the circle closes: Most Americans do not realise that since September of last year, when Congress wrongly, foolishly, passed the Military Commissions Act of 2006, the president has the power to call any U.S. citizen an “enemy combatant.” He has the power to define what “enemy combatant” means. The president can also delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.

Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door, ship you or me to a navy brig and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)

We U.S. citizens will get a trial eventually — for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is increasingly and aggressively trying to find ways to get around giving even U.S. citizens fair trials. “Enemy combatant” is a status offence — it is not even something you have to have done. “We have absolutely moved over into a preventive detention model — you look like you could do something bad, you might do something bad, so we’re going to hold you,” says a spokeswoman of the CCR.

Most Americans surely do not get this yet. No wonder: It is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests — usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn’t real dissent. There just isn’t freedom. If you look at history, just before those arrests is where we are now.

10. Suspend the rule of law.

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency — which the president now has enhanced powers to declare — he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens.

Even as Americans were focused on Britney Spears’s meltdown and the question of who fathered Anna Nicole’s baby, the New York Times editorialized about this shift: “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night … Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any ‘other condition.'”

Critics see this as a clear violation of the Posse Comitatus Act, which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic Sen. Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: Having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militia power over American people in the hands of an oppressive executive or faction.

Of course, the United States is not vulnerable to the violent, total closing down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as W.H. Auden put it, the horror is always elsewhere — while someone is being tortured, children are skating, ships are sailing. “Dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”

As Americans turn away quite leisurely, keeping tuned to Internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: Our democratic traditions, independent judiciary and free press do their work today in a context in which we are “at war” in a “long war,” a war without end, on a battlefield described as the globe, in a context that gives the president — without U.S. citizens realizing it yet — the power over U.S. citizens of freedom or long solitary incarceration, on his say-so alone.

That means a hollowness has been expanding under the foundation of all these still free-looking institutions, and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the “what ifs.”

What if, in a year and a half, there is another attack — say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani, because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.

What if the publisher of a major U.S. newspaper were charged with treason or espionage, as a right-wing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing, but they would suddenly be very polite.

Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us — staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody’s help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a United States unrestrained by real democracy at home can mean for the rest of the world.

We need to look at history and face the “what ifs.” For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: That is how it was before, and this is the way it is now.

“The accumulation of all powers, legislative, executive and judiciary, in the same hands is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.

© COPYRIGHT ALTERNET, 2007

Photo by flickr user david_shankbone

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The Criminal NSA Eavesdropping Program

SALON– While torture and aggressive war may have been the most serious crimes which the Bush administration committed, its warrantless eavesdropping on American citizens was its clearest and most undeniable lawbreaking.  Federal District Judge Vaughn Walker yesterday became the third federal judge – out of three who have considered the question – to find that Bush’s warrantless eavesdropping program was illegal (the other two are District Judge Anna Diggs Taylor and 6th Circuit Appellate Judge Ronald Gilman who, on appeal from Judge Taylor’s decision, in dissent reached the merits of that question [unlike the two judges in the majority who reversed the decision on technical “standing” grounds] and adopted Taylor’s conclusion that the NSA program was illegal).  

That means that all 3 federal judges to consider the question have concluded that Bush’s NSA program violated the criminal law (FISA).  That law provides that anyone who violates it has committed a felony and shall be subject to 5 years in prison and a $10,000 fine for each offense.  The law really does say that.  Just click on that link and you’ll see. 

It’s been obvious for more than four years that Bush, Cheney, NSA Director (and former CIA Director) Michael Hayden and many other Bush officials broke the law — committed felonies — in spying on Americans without warrants.  Yet another federal judge has now found their conduct illegal.  If we were a country that actually lived under The Rule of Law, this would be a huge story, one that would produce the same consequences for the lawbreakers as a bank robbery, embezzlement or major drug dealing.  But since we’re not such a country, it isn’t and it doesn’t.

Although news reports are focusing (appropriately) on the fact that Bush’s NSA program was found to be illegal, the bulk of Judge Walker’s opinion was actually a scathing repudiation of the Obama DOJ.  In fact, the opinion spent almost no time addressing the merits of the claim that the NSA program was legal.  That’s because the Obama DOJ — exactly like the Bush DOJ in the case before Judge Taylor — refused to offer legal justifications to the court for this eavesdropping.  Instead, the Obama DOJ took the imperial and hubristic position that the court had no right whatsoever to rule on the legality of the program because (a) plaintiffs could not prove they were subjected to the secret eavesdropping (and thus lacked “standing” to sue) and (b) the NSA program was such a vital “state secret” that courts were barred from adjudicating its legality.

Read full article about The Criminal NSA Eavesdropping Program.

© 2010 SALON

Presidential Assassination of U.S. Citizens

SALON The Washington Post‘s Dana Priest today reports that “U.S. military teams and intelligence agencies are deeply involved in secret joint operations with Yemeni troops who in the past six weeks have killed scores of people.”  

That’s no surprise, of course, as Yemen is now another predominantly Muslim country (along with Somalia and Pakistan) in which our military is secretly involved to some unknown degree in combat operations without any declaration of war, without any public debate, and arguably (though not clearly) without any Congressional authorization.  The exact role played by the U.S. in the late-December missile attacks in Yemen, which killed numerous civilians, is still unknown.

But buried in Priest’s article is her revelation that American citizens are now being placed on a secret “hit list” of people whom the President has personally authorized to be killed:

After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. . . .

The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, “it doesn’t really change anything from the standpoint of whether we can target them,” a senior administration official said. “They are then part of the enemy.”

Both the CIA and the JSOC maintain lists of individuals, called “High Value Targets” and “High Value Individuals,” whom they seek to kill or capture.  The JSOC list includes three Americans, including [New Mexico-born Islamic cleric Anwar] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that Aulaqi’s name has now been added.  

Indeed, Aulaqi was clearly one of the prime targets of the late-December missile strikes in Yemen, as anonymous officials excitedly announced — falsely, as it turns out — that he was killed in one of those strikes.

Just think about this for a minute.  Barack Obama, like George Bush before him, has claimed the authority to order American citizens murdered based solely on the unverified, uncharged, unchecked claim that they are associated with Terrorism and pose “a continuing and imminent threat to U.S. persons and interests.”  They’re entitled to no charges, no trial, no ability to contest the accusations.  Amazingly, the Bush administration’s policy of merely imprisoning foreign nationals (along with a couple of American citizens) without charges — based solely on the President’s claim that they were Terrorists — produced intense controversy for years.  That, one will recall, was a grave assault on the Constitution.  Shouldn’t Obama’s policy of ordering American citizens assassinated without any due process or checks of any kind — not imprisoned, but killed — produce at least as much controversy?

Obviously, if U.S. forces are fighting on an actual battlefield, then they (like everyone else) have the right to kill combatants actively fighting against them, including American citizens.  That’s just the essence of war.  That’s why it’s permissible to kill a combatant engaged on a real battlefield in a war zone but not, say, torture them once they’re captured and helplessly detained.  But combat is not what we’re talking about here.  The people on this “hit list” are likely to be killed while at home, sleeping in their bed, driving in a car with friends or family, or engaged in a whole array of other activities.  More critically still, the Obama administration — like the Bush administration before it — defines the “battlefield” as the entire world.  So the President claims the power to order U.S. citizens killed anywhere in the world, while engaged even in the most benign activities carried out far away from any actual battlefield, based solely on his say-so and with no judicial oversight or other checks.  That’s quite a power for an American President to claim for himself.

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