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“Countering” Terror By Eroding Justice

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Everyone needs to read Glenn Greenwald’s analysis of the shift from denying basic human rights to non-US terror suspects under Bush/Cheney, to denying such rights to American citizens under Obama/Biden.

A bipartisan group from Congress sponsors legislation to strip Americans of their citizenship based on Terrorism accusations. Barack Obama claims the right to assassinate Americans far from any battlefield and with no due process of any kind. The Obama administration begins covertly abandoning long-standing Miranda protections for American suspects by vastly expanding what had long been a very narrow “public safety” exception, and now Eric Holder explicitly advocates legislation to codify that erosion. John McCain and Joe Lieberman introduce legislation to bar all Terrorism suspects, including Americans arrested on U.S. soil, from being tried in civilian courts, and former Bush officials Bill Burck and Dana Perino — while noting (correctly) that Holder’s Miranda proposal constitutes a concession to the right-wing claim that Miranda is too restrictive — today demand that U.S. citizens accused of Terrorism and arrested on U.S. soil be treated as enemy combatants and thus denied even the most basic legal protections (including the right to be charged and have access to a lawyer).

I tend to think we should care just as much about our government’s treatment of non-citizens as we do of citizens, but Greenwald argues that this new trend is particularly disturbing in political terms:

There is, of course, no moral difference between subjecting citizens and non-citizens to abusive or tyrannical treatment. But as a practical matter, the dangers intensify when the denial of rights is aimed at a government’s own population. The ultimate check on any government is its own citizenry; vesting political leaders with oppressive domestic authority uniquely empowers them to avoid accountability and deter dissent.

He declines however to suggest what ought to be done to change this trend – in other words, is it too late for dissent to make a difference? I welcome readers’ ideas. I think many voters thought they’d already taken the appropriate step by electing a progressive, pro-civil liberties leader. With the writing on the wall, what now?

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