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Bruce Fein

Bruce Fein

Posted: December 10, 2010 02:42 PM

The state of civil liberties and national security in the United States is alarming.

In the American Empire, the former are routinely crippled or lacerated in the false name of the latter. Trust in government plunges. Dangers are magnified manifold to wound constitutionally venerated freedoms. International terrorist suspects who have never attempted to kill an American are treated as existential threats to U.S sovereignty. Predator drones employed off the battlefield in Afghanistan, Pakistan, or Yemen are spawning more enemies than are killed. Habeas corpus is suspended. Military commissions denuded of due process and which combine judge, jury, and prosecutor in a single branch of government are substituted for independent civilian courts. Time-honored privacy rights are trampled. Torture or first cousin enhanced interrogation techniques are endorsed. Congressman Peter King (R. N.Y.), slated for the chairmanship of the Homeland Security Committee, insists that prosecutions of alleged international terrorists in civilian courts are intolerable because guilty verdicts are not guaranteed. The worst violations are dared by few, willed by more, but tolerated by virtually all.

The nation needs a new birth of freedom dedicated to the proposition that the life of a vassal or serf -- even in absolute safety -- is not worth living.

At present, procedural safeguards against injustice are jettisoned for the counter-constitutional dogma, "Better that many innocents suffer than that one culprit eludes punishment." A craving for a risk-free and comfortable existence fuels the nation's war on individual freedom. Acceptance of risk, however, is the lifeblood of a free society. Every human sports DNA capable of anti-social behavior -- even the saintly. The United States is headed for the same ruination as Athens for the same reasons penned by historian Edward Gibbon: "In the end, more than they wanted freedom, they wanted security. They wanted a comfortable life, and they lost it all -- security, comfort, and freedom. When...the freedom they wished for was freedom from responsibility, then Athens ceased to be free."

Contrary to longstanding orthodoxies, civil liberties and national security are more aligned than opposed. Scrupulous respect for freedom works hand-in-glove with national security by evoking unbegrudging loyalty among citizens eager to risk that last full measure of devotion to foil opponents and to maintain government of the people, by the people, and for the people. Patriotic soldiers are superior to mercenaries. Hessians were no match for the Minutemen in the American Revolutionary War. A military that fights more for love of country than fear or money will triumph. And love of country is elicited by the government's securing unalienable rights to life, liberty, and the pursuit of happiness.

Crushing civil liberties may enhance immediate safety, but future calamity is likely to ensue. The British believed that Writs of Assistance, denial of jury trial, quartering soldiers, and impressing American seaman to fight against American colonists would make them safer. And then came the Declaration of Independence and the beginning of the end of the British Empire.

Prevailing legal doctrines and practices in the United States bear the earmarks of tyranny deplored by the Founding Fathers and hauntingly evocative of The Soviet Union or The People's Republic of China.

The president is empowered to target American citizens off the battlefield for assassination abroad who have not engaged in hostilities against the United States on his say-so alone.

Citizens and non-citizens may be detained indefinitely without accusation or trial at Bagram prison in Afghanistan or in undisclosed locations abroad on the president's say-so alone.

Predator drones kill civilians off the battlefield in Afghanistan, Pakistan, and Yemen. The protocols for targeting decisions are secret.

Military commissions are established for the trial of alleged war crimes that may be equally prosecuted in civilian courts, for example, material assistance to a foreign terrorist organization. Military commissions combine judge, jury, and prosecutor in a single branch -- the very definition of tyranny according to the Founding Fathers.

State secrets are invoked by the president to prevent victims of constitutional wrongdoing, including torture or kidnapping, from judicial redress for their injuries.

Telephone calls and emails are intercepted by the government without probable cause to believe the target is connected to international terrorism.

Lawyers who defend alleged international terrorist organizations are vulnerable to prosecution under the material assistance law.

The Patriot Act authorizes the FBI to obtain business, bank, or other records by unilateral issuance of national security letters alleging a relationship to a terrorist investigation.

Extraordinary rendition is employed to dispatch detainees to countries notorious for torture.

Individuals or organizations are designated as "terrorists" and quarantined from human intercourse based on secret evidence.

Government crimes -- including torture, illegal surveillance, obstruction of justice, and war crimes -- go unprosecuted despite the President's constitutional obligation to take care that the laws be faithfully executed.

The United States was founded on the idea that the individual was the center of the nation's universe; and, that freedom was the rule and government restraints grudging exceptions. The right to be left alone was cherished above all others. The national purpose was not to build an Empire by projecting military force throughout the planet, but to revere due process and the blessings of liberty at home.

These ennobling ideas have been abandoned for the juvenile thrill of domination for the sake of domination and a quest for absolute safety that elevates vassalage to the summum bonum.

Where are the leaders to awaken America to its philosophical peril? Who has the courage to preach, "Better free than safe," "As we would not be tyrannized, so we shall not be tyrants," and, "due process is a higher life form than vigilante justice?"

If not us, who? If not now, when?

 
 
 
 
 
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09:15 PM on 01/01/2011
"Those who make peaceful revolution impossible will make violent revolution inevitable."
President John F. Kennedy
I think the writing is on just about any wall you care to look at.
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HUFFPOST SUPER USER
Dan Zuffi
01:15 AM on 12/17/2010
I think, perhaps, our own corporate run government is getting little afraid of us. And it's about time.
12:03 AM on 12/17/2010
i mean seriously, did you really think some chosen corporate puppet was going to make all the booboos better, with nary a change on your part? Hows it feel, all that pain & destruction youve inflicted on the world (for our own good, naturally) finally coming back at ya?

You deserve what you get, the glorious dawning moment when americans see just how truly disgusting they've become.
11:59 PM on 12/16/2010
hey yanks, hows all that hope and change feeling?
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Gracie fr
11:32 AM on 12/15/2010
..Wishful thinking. Sadly most of the country is asleep at the wheel...
10:45 AM on 12/15/2010
"What annoys me most is when people abuse their power and harm innocents, and they didn't actually need to do it. ... There needed to be more actions that created positive reform effects, more actions that were just and corrective to injustice." --Julian Assange

More actions. Indeed.
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yogini4
Think deeper!
10:14 PM on 12/14/2010
I think I'll plant a big garden this spring.
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01:55 PM on 12/13/2010
But will you practice what you preach? Powerful words, but what are words without actions?
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CanisLatrans
Progressive/2nd Amendment Jewish Iraq war vet.
02:48 PM on 12/13/2010
Everybody knows action must be taken, but what, exactly?
10:50 AM on 12/13/2010
I find this article very interesting. You cannot have liberty with big government. The democrats we have in Washington want to run your lives. The food safety bill sounds good, but what else is in the bill. Regulating school bake sales, that is not liberty, that is security. Obama pushing restaurants to change what they offer. How about the big medical database that the IRS can get into? Wanting to control the thermostat in your home. All of these things are being done in the name of safety, security, but all of these things destroy liberty. How can you be big democrat supporters and claim you want your liberty when you fight for all these liberty killing programs. I will also add that republicans are liberty killers as well. But right now we have the biggest over reach into our lives by the federal government than I have seen in my 50 years on this planet.
01:16 PM on 12/13/2010
Piffle.
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CanisLatrans
Progressive/2nd Amendment Jewish Iraq war vet.
02:47 PM on 12/13/2010
By golly, you're right. That's why those dastardly Democrats shackled us with things like the Patriot Act and silly wars based on lies and promises written on sand... oh, wait.

Trying to cover your obvious partisan sniping by adding the hastily-thought phrase, "the republicans are liberty killers too" kinda implies you're trying to have your cake and eat it too. Face it, the Republicans are as guilty or even more so for the mess we're in now, and no amount of lipstick will make thier pig kissable.
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Berettasskeeter
For what we are about to receive, may we be truly
03:42 PM on 12/13/2010
What were the lies that got us into the war? What promises??
Semper fi
05:37 AM on 12/13/2010
I would suggest that apathy and the unwillingness by many Americans to go beyond the surface of their comfortable world, and explore the ideas of freedom contributes to the erosion of liberty in the USA.

Conservative Right wing talk show hosts have made a very profitable living from spoon feeding many Americans how to act and think. They've successfully linked - Christianity, conservatism, patriotism and the republican party to explain what it takes to be an American.

Maybe that is why other cultures and nations the American experience are readily vilified such as: Hispanics- Gays - Anti war protestors- China -Muslims. All are blamed for the problems of America on a daily basis.
Where is the outrage that 2 million people have lost their homes since 2008?
Where is the outrage that unemployment is nationally close to 11%?
It's as if the American public are asleep at the wheel, or too tired or comfortably numb to stand up and fight to bring this country back from the abyss- Or maybe they are too afraid?

When more people watch TV shows like Dancing With The Stars or American Idol than take an active role in voting - then I believe America has a huge problem.
When you have 2 wars and a nation that for the most part is not involved and does not care and does not protest en masse - then America also has a huge problem.
Freedom is a word Conservatives love to use- but their governing policies
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donnyraindog
Grass shack nailed to a pinewood floor
08:32 AM on 12/13/2010
The great mark twain who died 100 years ago and has just puplished his memoirs wrote "americans are blessed with freedom of speech freedom of thought and the good sense to use neither"he would have appricated all your points fanned
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SitandStay
Lorenzo&BushH8ter
03:14 AM on 12/13/2010
We need a better name for these tyrants. Republicans just doesn't go far enough anymore.
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CanisLatrans
Progressive/2nd Amendment Jewish Iraq war vet.
02:55 PM on 12/13/2010
There already is a name, but unfortunately it is considered too dramatic to use in public, and it exposes too many uncomfortable truths about the country these days. That name is "fascism", which is the willing collusion between the highest levels of corporation & finance with the power of the State backing them.

The power-brokers want something done, so the State cooks up a story that plays on the heartstrings of patriotism, honor, family, whatever motivates the people, and the people line up to fight for it based on these airy rhetorical flourishes. Once the people win the war, the corporations rush in to divide the spoils, pay a cut to the State for their role in whipping up the populace, and everyone is happy except the folks counting the dead.
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ThePeoplesKey
Writer/General Disreputable Rogue
10:09 PM on 12/12/2010
You're preaching to the choir of the few that care enough to educate themselves about how this nation was founded and why. But look around you. The revolutionary spirit of the US died around the end of the civil war and hasn't been seen since. There are only a handful of citizens paying attention to their nation crumbling around them. The rest are too busy with their play stations to bother with learning what freedom requires of them. We should be closing and defending our own borders as our primary defense, not waging wars of choice far from home. Lessons of Vietnam forgotten. I've given up trying to convince the ignorant to pay attention. I won't be shedding any tears for those that refuse to pay attention to their own demise . . .
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01:51 PM on 12/13/2010
... save that everyone is impacted by everyone else, and they are dragging everyone else with them. I suppose the moment we give up, we become culpable too.
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martintillier
human
05:01 PM on 12/12/2010
The truth about the destruction of the constitution and the rights of Americans, http://www.truth-out.org/justice-department-prepares-expansion-laws-targeting-activists ----------------------- This is some scary reading, America is under attack, from within.
been2there
Facts have a liberal bias.
04:49 PM on 12/12/2010
Liberty takes courage, and the right has taught people to live in fear. It is a sad day when our lowest impulses are driving us, not our highest.
If, for example, we had--or do--prosecute those who ordered torture, the rest of the world could believe our moral strength. Instead, our stances are revealed as hollow.
If we put our resources into decent intelligence and not the TSA, we would find more plots and discourage more as well.
Life is not safe, and death is assured. We should accept reasonable risk and LIVE.
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02:25 PM on 12/12/2010
The full range of freedoms that we all want is not available to us right now. Why is that?

1) Because nefarious government officials want to take our freedoms away and give them to nefarious corporations?

2) Because we have an enemy that is global and has infiltrated our own country?

3) Because we continue to pretend the enemy is a seemingly unending stream of criminals who all happen to believe the same doctrine about their obligations the the Islamic Umma?

4) Because we are playing defense and will not be able to play offense because we still do not know how to identify the enemy until he blows something up?
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SitandStay
Lorenzo&BushH8ter
03:13 AM on 12/13/2010
5. Because the profits are just too good by keeping the diversion of war on the screen and keeping the steady flow of money to those un-bid contracts of the uber-rich banks and corporations.

Maybe they are afraid to bring our troops home as there might be some domestic mercenaries in the group.
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06:34 AM on 12/13/2010
Has there ever been a war in any country that did not make the war goods industry rich? Is this war any different in this aspect?