Posts Tagged ‘civil liberties

26
Oct
10

Hedges: America more or less screwed, thanks to the liberal class. Have a nice day!

UPDATE BELOW: A defense of liberals!

Chris Hedges continues to hammer on the failure of the liberal class. And I can’t say I find much with which to disagree—either in the video above or his recent piece “The World Liberal Opportunists Made.”

I get so tired of the fearmongering about the threat to Democracy posed by Rush, Beck, Christine O’Donnell and Palin. It is absolutely true that they are are clowns, dangerous clowns. But at the moment they hold zero real political power. One wishes the Democrats would stop talking about how awful their opponents are, and just run things, as they were elected to do. But that is the only weapon left in their arsenal. Unwilling to actually enact changes that live up to their purported ideals, all they can do is say, “Look over there. What if those bad people actually took power!?”

Not that there’s any chance of the Dems finding their spine at this point, but even if they did, Hedges says it’s already gone too far.

An ineffectual liberal class, in short, means there is no hope, however remote, of a correction or a reversal through the political system and electoral politics. The liberals’ disintegration ensures that the frustration and anger among the working and the middle class will find expression in a rejection of traditional liberal institutions and the civilities of a liberal democracy. The very forces that co-opted the liberal class and are responsible for the impoverishment of the state will, ironically, reap benefits from the collapse. These corporate manipulators are busy channeling rage away from the corporate and military forces hollowing out the nation from the inside and are turning that anger toward the weak remnants of liberalism. It does not help our cause that liberals indeed turned their backs on the working and middle class.

 

UPDATED: “In defense of liberals, though, we…uh. Yeah, I got nothing.”

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20
Dec
09

“Future prospective torturers can now draw comfort from this decision”

We suspect he's an Enemy Combatant, so this is OK!

News earlier this week, from the Center for Constitutional Justice

Today, the United States Supreme Court refused to review a lower court’s dismissal of a case brought by four British former detainees against Donald Rumsfeld and senior military officers for ordering torture and religious abuse at Guantánamo. The British detainees spent more than two years in Guantanamo and were repatriated to the U.K. in 2004.

The Obama administration had asked the court not to hear the case. By refusing to hear the case, the Court let stand an earlier opinion by the D.C. Circuit Court which found that the Religious Freedom Restoration Act, a statute that applies by its terms to all “persons” did not apply to detainees at Guantanamo, effectively ruling that the detainees are not persons at all for purposes of U.S. law. The lower court also dismissed the detainees’ claims under the Alien Tort Statute and the Geneva Conventions, finding defendants immune on the basis that “torture is a foreseeable consequence of the military’s detention of suspected enemy combatants.”  Finally, the circuit court found that, even if torture and religious abuse were illegal, defendants were immune under the Constitution because they could not have reasonably known that detainees at Guantanamo had any Constitutional rights.

Eric Lewis, a partner in Washington, D.C.’s Baach Robinson & Lewis, lead attorney for the detainees, said, “It is an awful day for the rule of law and common decency when the Supreme Court lets stand such an inhuman decision. The final word on whether these men had a right not to be tortured or a right to practice their religion free from abuse is that they did not.  Future prospective torturers can now draw comfort from this decision. The lower court found that torture is all in a days’ work for the Secretary of Defense and senior generals. That violates the President’s stated policy, our treaty obligations and universal legal norms. Yet the Obama administration, in its rush to protect executive power, lost its moral compass and persuaded the Supreme Court to avoid a central moral challenge.  Today our standing in the world has suffered a further great loss.”

No shortage of outraged commentary on this howling catastrophe, but I thought Digby put it pretty well:

So torture is a for[e]seeable consequence of the military’s detention of suspected enemy combatants. I guess it’s official.

Everyone in the world should be advised that if they don’t want to be tortured, they shouldn’t let themselves be suspected of being an enemy combatant. And if they foolishly allow themselves to be suspected enemy combatants, they should realize, regardless of any laws or treaties to the contrary, that they’ll be tortured. After all, nobody can be expected to know ahead of time which people are legally “persons” or which prisoners are allowed constitutional rights. It’s up to innocent people not to allow themselves to be caught in this Catch 22 in the first place. Good to know.

Any guesses who said this way back in January?

I was clear throughout this campaign and was clear throughout this transition that under my administration the United States does not torture.We will abide by the Geneva Conventions. We will uphold our highest ideals.

03
Nov
09

“all the historical foresight of Dred Scott”

Scott Horton, on the absolutely shameful, contemptible, disgraceful decision by the Second Circuit Court of Appeals stating that Maher Arar, a Canadian software engineer, had no right to sue U.S. government officials for HAVING BEEN TORTURED FOR A YEAR, for eighteen hours a day, for no reason, in Syria, after having been sent there by American officials who knew what they were doing to him.

The Canadian government admitted to their role in the  episode and awarded Arar $11.5 million (Canadian) in compensation and reimbursement of legal costs.   “And the United States?

The United States tenaciously refused to acknowledge ever having made any mistakes—even after its own sources did so. It stonewalled Congressional probes and issued a travel ban to stop Arar from testifying before Congress. The Bush Justice Department made aggressive representations to the courts in response to Arar’s suit that strained credulity at almost every step. As in other cases, their trump card was simple: when caught with pants down, shout “state secrets!”….

[Dissenting judge Guido] Calabresi generously accepts the suggestion that the Second Circuit acted out of concern for national security. Still, he delivers an appropriate lashing. The majority, Calabresi charges, “engaged in extraordinary judicial activism.” Its activism was aimed at extricating political actors from a precarious predicament and keeping the door firmly shut on what may well be the darkest chapter in the entire history of the Justice Department. In so doing, the court’s majority delivered an example of timidity in the face of government misconduct the likes of which have not been seen since the darkest days of the Cold War. When the history of the Second Circuit is written, the Arar decision will have a prominent place. It offers all the historical foresight of Dred Scott, in which the Court rallied to the cause of slavery, and all the commitment to constitutional principle of the Slaughter-House Cases, in which the Fourteenth Amendment was eviscerated. The Court that once affirmed that those who torture are the “enemies of all mankind” now tells us that U.S. government officials can torture without worry, because the security of our state might some day depend upon it.




Ineffable beauty, unspeakable evil, and all sorts of crap in between

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