Posts tagged constitutional rights

‘Inalienable Constitutional Rights in Court is Terrorism’

A Gitmo detainee expressed support for U.S. civilian courts over military tribunals, so they must be evil.

How long before that’s the line derived from this New York Times article?:

Last year, Mr. Ghailani became the first detainee moved from Guantánamo into the civilian system, as President Obama declared his intention to try terrorism suspects in federal court whenever feasible, fueling a debate on whether the civilian or the military system was better for such cases.

The president’s effort has stalled with the controversy over moving detainees like Khalid Shaikh Mohammed into civilian court. But Mr. Ghailani has now entered the discussion, expressing strong opinions on the merits of each system and his preference for the rules of civilian justice, as part of 16 hours of discussion with a psychiatrist who evaluated him last spring and quoted him extensively in a report.

“When I was at Gitmo, they were able to use hearsay evidence,” Mr. Ghailani told the doctor. “Here, they have constitutional rights.”

In addition to his own experiences, Mr. Ghailani freely credits another, surprising source for his more than working knowledge of how the legal system operates—numerous John Grisham novels he has read and one that he has seen as a movie: A Time to Kill.

John Grisham’s like the Anwar al-Awlaki of Gitmo, I guess.

Wait, does that mean the oft-quoted-by-teabaggers Thomas Jefferson is like Osama bin Laden?

Of course, the same people who imply that supporting the supremacy of the Constitution over authoritative decrees of government agents is somehow anti-American, terrorism, evil, socialist, etc., are the same who firmly believe doctors should have gubment-guns in their face to force them from not providing a woman with the service of safely aborting her pregnancy. How Taliban of the conservadroolers…

I guess it’s literally “Don’t Tread on Me”, as in “Don’t Tread on Me, Only Them, Whoever I Declare ‘Them’ To Be, You Know, Just Because.”


Filed under: National News, Political Science Tagged: Ahmed Khalfan Ghailani, civil liberties, conservatives, constitutional rights, Guantanamo Bay, John Grisham, Khalid Shaikh Mohammed, NY Times, tea party movement

Obama ‘Fighting Tooth and Nail’, Citing ‘State Secrets’ to Assassinate Citizens Without Due Process

The Justice Department is playing hardball against the ACLU’s efforts to block an executive order to assassinate an American citizen charged with no crime.

The American Civil Liberties Union (ACLU) has filed a lawsuit, representing the rights of New Mexico cleric Anwar al-Awlaki, in the attempt to force the Obama Administration “needs to present evidence before assassinating the U.S. citizen”, Jason Ditz wrote yesterday at AntiWar News.

To which the Administration “is fighting tooth and nail”, he added, to “kill” the suit—citing The Bushian Imperial Presidency philosophy:

In fact the papers filed by the Justice Department attempting to quash the case argue that the court system should have absolutely no oversight over the administration’s sudden, bizarre claim that it can assassinate any American citizen it wants on the basis of nation security, arguing that such issues are “for the executive branch of the government to decide rather than the courts.”Though officials have alleged that Awlaki has active ties to Al Qaeda, they have never presented publicly any evidence of this claim, and cite “state secrets” to the court as one of the many reasons they should never have to. Instead officials point to Awlaki’s well publicized sermons criticizing American foreign policy as proof that he is a threat.

The assertion of the authoritarian “state secrets” privilege by the Administration is—as constitutional lawyer and Salon blogger Glenn Greenwald wrote over the weekend—”an all-new low in its abysmal civil liberties record”, adding:

As a reminder:  Obama supporters who are dutifully insisting that the President not only has the right to order American citizens killed without due process, but to do so in total secrecy, on the ground that Awlaki is a Terrorist and Traitor, are embracing those accusations without having the slightest idea whether they’re actually true.  All they know is that Obama has issued these accusations, which is good enough for them.  That’s the authoritarian mind, by definition:  if the Leader accuses a fellow citizen of something, then it’s true — no trial or any due process at all is needed and there is no need even for judicial review before the decreed sentence is meted out, even when the sentence is death.For those reciting the “Awlaki-is-a-traitor” mantra, there’s also the apparently irrelevant matter that Article III, Section 3 of the Constitution (the document which these same Obama supporters pretended to care about during the Bush years) provides that “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.”  Treason is a crime that the Constitution specifically requires be proven with due process in court, not by unilateral presidential decree And that’s to say nothing of the fact that the same document—the Constitution—expressly forbids the deprivation of life “without due process of law.” This one sentence from [The Washington Post] article nicely summarizes the state of Obama’s civil liberties record:

The Obama administration has cited the state-secrets argument in at least three cases since taking office—in defense of Bush-era warrantless wiretapping, surveillance of an Islamic charity, and the torture and rendition of C.I.A. prisoners.

And now, in this case, Obama uses this secrecy and immunity weapon not to shield Bush lawlessness from judicial review, but his own.

Mr. Greenwald also added that Charlie Savage at The New York Timeswrote about the possibility that Obama might raise this argument“.


Filed under: International Affairs, National News, Political Science Tagged: ACL, al-Qaeda, Anwar al-Awlaki, Charlie Savage, civil liberties, constitutional rights, counterterrorism, CT, Eric Holder, extrajudicial assassination, Glenn Greenwald, Jason Ditz, libertarian, Obama, Obama Administration, Obamaphilia, terrorism

Demagoguing the Mosque

Rep. Ron Paul (R-Texas) on the exploitation of xenophobia and tribalism to encourage the violent violation of property rights, liberty and reason itself.

by Ron Paul

23 Aug 2010 | LewRockwell.com

Is the controversy over building a mosque near Ground Zero a grand distraction or a grand opportunity? Or is it, once again, grandiose demagoguery?

It has been said, “Nero fiddled while Rome burned.” Are we not overly preoccupied with this controversy, now being used in various ways by grandstanding politicians? It looks to me like the politicians are “fiddling while the economy burns.

The debate should have provided the conservative defenders of property rights with a perfect example of how the right to own property also protects the 1st Amendment rights of assembly and religion by supporting the building of the mosque.

Instead, we hear lip service given to the property rights position while demanding that the need to be “sensitive” requires an all-out assault on the building of a mosque, several blocks from “Ground Zero.”

Just think of what might (not) have happened if the whole issue had been ignored and the national debate stuck with war, peace, and prosperity. There certainly would have been a lot less emotionalism on both sides. The fact that so much attention has been given the mosque debate, raises the question of just why and driven by whom?

In my opinion it has come from the neo-conservatives who demand continual war in the Middle East and Central Asia and are compelled to constantly justify it.

They never miss a chance to use hatred toward Muslims to rally support for the ill-conceived preventative wars. A select quote from soldiers in Afghanistan and Iraq expressing concern over the mosque is pure propaganda and an affront to their bravery and sacrifice.

The claim is that we are in the Middle East to protect our liberties is misleading. To continue this charade, millions of Muslims are indicted and we are obligated to rescue them from their religious and political leaders. And, we’re supposed to believe that abusing our liberties here at home and pursuing unconstitutional wars overseas will solve our problems.
The nineteen suicide bombers didn’t come from Iraq, Afghanistan, Pakistan or Iran. Fifteen came from our ally Saudi Arabia, a country that harbors strong American resentment, yet we invade and occupy Iraq where no al Qaeda existed prior to 9/11.

Many fellow conservatives say they understand the property rights and 1st Amendment issues and don’t want a legal ban on building the mosque. They just want everybody to be “sensitive” and force, through public pressure, cancellation of the mosque construction.

This sentiment seems to confirm that Islam itself is to be made the issue, and radical religious Islamic views were the only reasons for 9/11. If it became known that 9/11 resulted in part from a desire to retaliate against what many Muslims saw as American aggression and occupation, the need to demonize Islam would be difficult if not impossible.

There is no doubt that a small portion of radical, angry Islamists do want to kill us but the question remains, what exactly motivates this hatred?

If Islam is further discredited by making the building of the mosque the issue, then the false justification for our wars in the Middle East will continue to be acceptable.

The justification to ban the mosque is no more rational than banning a soccer field in the same place because all the suicide bombers loved to play soccer.

Conservatives are once again, unfortunately, failing to defend private property rights, a policy we claim to cherish. In addition conservatives missed a chance to challenge the hypocrisy of the left which now claims they defend property rights of Muslims, yet rarely if ever, the property rights of American private businesses.

Defending the controversial use of property should be no more difficult than defending the 1st Amendment principle of defending controversial speech. But many conservatives and liberals do not want to diminish the hatred for Islam—the driving emotion that keeps us in the wars in the Middle East and Central Asia.

It is repeatedly said that 64% of the people, after listening to the political demagogues, don’t want the mosque to be built. What would we do if 75% of the people insist that no more Catholic churches be built in New York City? The point being is that majorities can become oppressors of minority rights as well as individual dictators. Statistics of support is irrelevant when it comes to the purpose of government in a free society – protecting liberty.

The outcry over the building of the mosque, near Ground Zero, implies that Islam alone was responsible for the 9/11 attacks. According to those who are condemning the building of the mosque, the nineteen suicide terrorists on 9/11 spoke for all Muslims. This is like blaming all Christians for the wars of aggression and occupation because some Christians supported the neo-conservative’s aggressive wars.

The House Speaker is now treading on a slippery slope by demanding an investigation to find out just who is funding the mosque – a bold rejection of property rights, 1st Amendment rights, and the Rule of Law—in order to look tough against Islam.

This is all about hate and Islamaphobia.

We now have an epidemic of “sunshine patriots” on both the right and the left who are all for freedom, as long as there’s no controversy and nobody is offended.

Political demagoguery rules when truth and liberty are ignored.

Ron Paul represents the 14th district of Texas in the U.S. House of Representatives.


Filed under: National News, Political Science Tagged: constitutional rights, Cordoba House, First Amendment, Ground Zero Mosque, Islam, libertarian, liberty, Middle East, neoconservatives, New York City, Park51, property rights, racism, religion, Republicans, Ron Paul, War on Terror, xenophobia

Daily Briefing—12th-13th Aug 2010

News and views from around the web posted to the Wonderland Wire:


Filed under: Daily Briefing Tagged: 14th Amendment, Af-Pak War, al-Quds, Andrea Prasow, Anwar al-Awlaki, Anya Kamenetz, atheism, bailouts, BP, Bradley Manning, capitalism, caste system, chemical weapons, civilian casualties, constitutional rights, DR Congo, East Jerusalem, free enterprise, gay marriage, Guantanamo Bay, illegal immigration, India, international law, Iraq, Iraq War, Jason Ditz, Justine Sharrock, libertarian, Libya, mercenary firms, military commissions, Netanyahu, Newspeak, Obama Administration, Omar Khadr, overdraft fees, Pakistan, PKK, Robert Gates, Robert Rubin, Robert Scheer, Sheldon Richman, socialism, Sri Lanka, Sudan, TARP, torture, Turkey, UK, US Constitution, US Marine Corps, US military, war crimes, Wells Fargo, West Bank

A.C.L.U. Finds ‘Steady Resurgence’ of ‘Political Spying’, Kidnapping of Americans

A recent study released by the civil liberties advocacy group highlights the rise in U.S. government Big Brother policies by localizing the National Security State with no accountability.

Politically motivated domestic surveillance and harassment are surging in the U.S., a recent study by the American Civil Liberties Union (A.C.L.U.) found. Though recent reports have indicated the military is taking a Bush Administration spy program out of hibernation—of datamining information collected through domestic surveillance policies—the civil liberties group added that local agencies and private corporation are violating rights to privacy and free speech with impunity.

The release of the report, “Policing Free Speech: Police Surveillance and Obstruction of First Amendment‐Protected Activity” [.pdf], coincides with the civil liberties advocacy group’s launch of “Spy Files“, a “web hub on domestic political surveillance, which will serve as a comprehensive resource on domestic spying”, according to a statement.

“It will include a database of documents obtained through state and federal open-records requests as well as links to news reports and other relevant materials,” it added.

Analyzing 111 incidents in 33 states, the group found that all levels of law enforcement are abusing weak standards of probable cause to meet low burdens of proof to threaten and spy on people. The government’s policies result in harassing, surveying and kidnapping people “for doing little more than peacefully exercising their First Amendment rights” displays a regression of basic human rights defense, according to the A.C.L.U., which added:

Political spying—rampant during the Cold War under the F.B.I.’s COINTELPRO, the C.I.A.’s Operation Chaos and other programs—has experienced a steady resurgence in the years following 9/11 as state and local law enforcement are being urged by federal law enforcement agencies to participate in counterterrorism practices.

“In our country, under our Constitution, the authorities aren’t allowed to spy on you unless they have specific and individual suspicion that you are doing something illegal,” said Michael German, A.C.L.U. Policy Counsel and former F.B.I. Special Agent. “Unfortunately, law enforcement in our country seems to be reverting to certain old, bad behaviors when it comes to political surveillance. Our review of these practices has found that Americans have been put under surveillance or harassed by the police just for deciding to organize, march, protest, espouse unusual viewpoints and engage in normal, innocuous behaviors such as writing notes or taking photographs in public.”

Community policing projects—“suspicious activity reporting” (S.A.R.) programs [.pdf]—are expanding the reach of what the U.S. Supreme Court called the “reasonable suspicion” standard, a “Spy Files” post adds:

S.A.R. programs increase the probability that innocent people will be stopped by police and have their personal information collected for inclusion in law enforcement and intelligence data bases. They also open the door to racial profiling and other improper police practices by giving police unwarranted discretion to stop people who are not reasonably suspected of wrongdoing.

[...]

The Supreme Court established “reasonable suspicion” as the standard for police stops in Terry v. Ohio in 1968. This standard required suspicion supported by articulable facts suggesting criminal activity was afoot before a policeman could stop a person for investigative purposes. Likewise, the Department of Justice established a reasonable suspicion standard for the inclusion of personally identifiable information into criminal intelligence systems. Title 28, Part 23 of the Code of Federal Regulations states that law enforcement agencies receiving federal funds:

shall collect and maintain criminal intelligence information concerning an individual only if there is reasonable suspicion that the individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity [emphasis added].

S.A.R. programs threaten this reasonable, time-tested law enforcement standard by encouraging the police and the public to report behaviors that are not reasonably indicative of criminal or terrorist behavior.

In January 2008 the D.N.I. [Information Sharing Environment (I.S.E.)] Program Manager published functional standards for state and local law enforcement officers to report ‘suspicious’ activities to fusion centers and to the federal intelligence community through the I.S.E. The behaviors it described as inherently suspicious included such innocuous activities as photography, acquisition of expertise, and eliciting informationThe following March the Los Angeles Police Department (L.A.P.D.) initiated its own S.A.R. program to “gather, record, and analyze information of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism,” and included a list of 65 behaviors L.A.P.D. officers “shall” report, which included taking pictures or video footage, taking notes, drawing diagrams and espousing extreme views. In June 2008, long before either of these programs could be evaluated, the Departments of Justice and Homeland Security teamed up with the Major City Chiefs Association to issue a report recommending expanding the S.A.R. program to other U.S. cities. (Indeed, in April 2009 the L.A.P.D. admitted its S.A.R. program had not foiled any terrorist threats during its first year in operation.) The F.B.I. began its own S.A.R. collection program called eGuardian in 2008, and in 2010 the military announced it would implement a S.A.R. program through eGuardian.

Programs like COINTELPRO, Operation Chaos, the Denver Police Department labeling a Nobel Peace Prize-winning Quaker organization and a 73-year-old nun as “criminal extremists,” and a case—just settled this week—of an antiwar activist being spied on and arrested on false charges to keep him from attending a protest are “quickly becoming a dime a dozen”, Amanda Simon posted today at the A.C.L.U. Blog of Rights.

In a separate post, describing the objective of “Spy Files”, the A.C.L.U. stated these policies are “directed at all of us” and the motivations are politically manufactured fear. They are not isolated to federal law enforcement, military intelligence and foreign intelligence agencies, but extend to local agencies—even those unrelated to law enforcement:

Today the government is spying on Americans in ways the founders of our country never could have imagined. The FBI, federal intelligence agencies, the military, state and local police, private companies, and even firemen and emergency medical technicians are gathering incredible amounts of personal information about ordinary Americans that can be used to construct vast dossiers that can be widely shared with a simple mouse-click through new institutions like Joint Terrorism Task Forces, fusion centers, and public-private partnerships. The fear of terrorism has led to a new era of overzealous police intelligence activity directed, as in the past, against political activists, racial and religious minorities, and immigrants.

This surveillance activity is not directed solely at suspected terrorists and criminals. It’s directed at all of us. Increasingly, the government is engaged in suspicionless surveillance that vacuums up and tracks sensitive information about innocent people. Even more disturbingly, as the government’s surveillance powers have grown more intrusive and more powerful, the restrictions on many of those powers have been weakened or eliminated. And this surveillance often takes place in secret, with little or no oversight by the courts, by legislatures, or by the public.

“Spy Files” has a section where users can monitor government “spying on First Amendment activity” cases by state.


Filed under: National News, Political Science Tagged: 9/11, ACLU, Amanda Simon, Bush Administration, CIA, civil liberties, COINTELPRO, constitutional rights, corporatism, counterterrorism, DIA, domestic surveillance, fascism, FBI, free speech, fusion centers, government spying, human rights, ISE, JTTF, LAPD, law enforcement, libertarian, liberty, Obama Administration, Operation Chaos, police, reasonable suspicion, SAR programs, SCOTUS, Spy Files, Sweden, terrorism, Terry v. Ohio, US, War on Terror

Daily Briefing—26th May 2010

News and views from around the web posted to the Wonderland Wire:


Filed under: Daily Briefing Tagged: Ahmadinejad, airstrikes, Arizona, Bagram Air Base, BP Gulf oil spill, child soldiers, conspiracy theory, constitutional rights, DPRK, Faisal Shahzad, Freedom Flotilla, Gaza, Glenn Greenwald, Guantanamo Bay, habeas corpus, Hakimullah Mehsud, Hannah Rubenstein, illegal immigration, India, Iran, Israel, missile defense, national debt, NM Rothschild, North Korea, North Waziristan, NPT, Poland, Russia, Scott Horton, South Korea, Times Square bomb, UN, US Pakistan, War on Terror, William Fisher, Yemen