Police State

The disparity between rhetoric and reality is now a yawning chasm. America never ceases, for a second, to rhapsodize about freedom and liberty and justice and the American Way. And then, without the slightest inkling of opposition or dissent, casually renews the Patriot Act, making it legal for the government to spy on whoever it wants whenever it wants with impunity, tap your phones, read your mail, or search your home– without even having to tell you that you are under suspicion, without even having to tell a judge.

Nobody knows which way Judge Roberts is going to vote on abortion or environmental regulations (well, actually, we do): this guy has already ruled in favor of the government’s right to hold people prisoner for as long as they like simply by designating them “prisoners of war”.

And Americans run the flag up the pole and salute and sing their anthems, completely unconcerned.

And the police continue to flog the illusion that these police state provisions have helped them catch terrorists. They don’t have a single real terrorist (just a gaggle of impulsive youths who were entrapped) to show for it, but that hasn’t even slowed them down: we need to spy on people to keep America safe.

When this measure was introduced, it included “sunset provisions”, which everyone happily pronounced would ensure that this glaring intrusion on everyone’s civil rights would expire in four years. Just as I always expected, the Republicans are now trying to make those provisions permanent. That is ghastly. That is just maybe the most outrageous act by an outrageous congress. And the Democrats, petrified of being portrayed as intelligent and wise, are rolling over like sheep.

[Last minute correction: most Democrats voted against the bill. That’s actually interesting, because the perception used to be that you could not win re-election if your opponent could accuse you of a lack of enthusiasm for bombing or killing or suppressing civil liberties.]


Why hasn’t a single prominent politician dared to stand up and announce he will oppose government use of torture against prisoners, no matter what the charges? (Actually, John McCain and some other senators have.) Do people really think that that is unpalatable?

I suspect that if, say, John Edwards, made it a prominent feature of a campaign (an early start on 2008), it would set off all kinds of alarms in the White House. Right now, Bush can nudge, nudge, wink, wink, declare that of course he’s opposed to torture, while allowing his staff and officials to carry it out. But if someone prominent were to make it an issue, I have a feeling that Karl Rove would issue immediate instructions: no more torture. It just don’t look good defending it in public, or answering reporters questions — “Mr. Edwards says that he would fire any official involved in any kind of torture– would you, Mr. Bush?”

Then go ahead, George, make a joke about it.


Russ Feingold was the only senator to vote against the Patriot Act. He deserves the medal of freedom but, of course, he’ll never get one.


In fairness, the Senate’s version of the same bill is considerably less draconian. But it’s rather pathetic that anyone would see this version as “enlightened”. We’ll allow the rack, but not the red-hot pokers to our civil liberties.

Added October 5: Judge Roberts, in his hearings before the Senate, declared that the President has the power to order the torture of prisoners, if Congress was “supportive”.

That’s a strange reading. Why would a Supreme Court Justice care if Congress was “supportive” of an unconstitutional act?

Judge Roberts, should the President arrest witches? If Congress is “supportive”…

What Mr. Roberts has really said is that torture is “constitutional” (since a mere Act of Congress could allow it).  I would not be alone in vehemently asserting that it is NOT.

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