Tag: confessions

On the Capture of Tsarnaev

Over at the Guardian, Glenn Greenwald reacts to Senator Lindsay Graham’s call to keep Tsarnaev out of the criminal justice system and treat him as an “enemy combatant”:

It is bizarre indeed to watch Democrats act as though Graham’s theories are exotic or repellent. This is, after all, the same faction that insists that Obama has the power to target even US citizens for execution without charges, lawyers, or any due process, on the ground that anyone the president accuses of Terrorism forfeits those rights. The only way one can believe this is by embracing the same theory that Lindsey Graham is espousing: namely, that accused Terrorists are enemy combatants, not criminals, and thus entitled to no due process and other guarantees in the Bill of Rights. Once you adopt this “entire-globe-is-a-battlefield” war paradigm - as supporters of Obama’s assassination powers must do and have explicitly done - then it’s impossible to scorn Graham’s views about what should be done with Tsarnaev. Indeed, one is necessarily endorsing the theory in which Graham’s beliefs are grounded.

It’s certainly possible to object to Graham’s arguments on pragmatic grounds, by advocating that Tsarnaev should be eventually Mirandized and tried in a federal court because it will be more beneficial to the government if that is done. But for anyone who supports the general Obama “war on terror” approach or specifically his claimed power to target even US citizens for execution without charges, it’s impossible to object to Graham’s arguments on principled or theoretical grounds. Once you endorse the “whole-globe-is-a-battlefield” theory, then there’s no principled way to exclude US soil. If (as supporters of Obama’s terrorism policies must argue), the “battlefield” is anywhere an accused terrorist is found and they can be detained or killed without charges, then that necessarily includes terrorists on US soil (or, as Graham put it, using one of the creepiest slogans imaginable: “the homeland is the battlefield”)….

[I]t is worth noting that the US government previously did exactly what [Graham] advocated. In 2002, US citizen Jose Padilla was arrested on terrorism charges on US soil (at Chicago’s O’Hare International Airport), and shortly before he was to be tried, the Bush administration declared him to be an “enemy combatant”, transferred him to a military brig, and then imprisoned him (and tortured him) for the next 3 1/2 years without charges, a lawyer, or any contact with the outside world. That was the incident that most propelled me to start political writing, but it barely registered as a political controversy.

So as extremist as Graham’s tweets may have seemed to some, it was already done in the US with little backlash. That demonstrates how easily and insidiously extremist rights assaults become normalized if they are not vehemently resisted in the first instance, regardless of one’s views of the individual target.

Let’s recall that the police did not bypass the Bill of Rights with Oklahoma City bomber, Timothy McVeigh.  Before his execution, McVeigh got a lawyer, trial, and an appeal.  That’s our law–and there’s no fiddling with it.  And experience tells us there are very good reasons for placing limits on police questioning.  For related Cato work, go here and here.

“Either the Most Honest Politician in the World or the Most Opportunistic”

Paul Waldie at Toronto’s Globe and Mail reports on the case of Mike Reilly, who (unsuccessfully so far) has sought to write off as tax expenses the costs of campaigning for local office in a suburb of Vancouver. Reilly told a tax court that there was nothing idealistic about his quest for government office: he wanted “to earn a good salary and promote his business,” raising the visibility of his development company. Lawyers for the Canada Revenue Agency insisted that Reilly wouldn’t have gone to the trouble of running unless he had cared about at least some public issues, but he disputed that:

“You know, I don’t recall being passionate about any issues other than seizing an opportunity to step in and develop a better profile for myself,” Mr. Reilly replied. “No. It was strictly business for me.”

The tax judge ruled against Reilly based on accounting issues but accepted his general contention that he “was not passionate about any issue except increasing his own profile and earning the salary of mayor,” noting that the candidate “did not listen to the citizens of Delta and did not appear to have much interest in their concerns.” If all politicians had to tell the truth, how many similar confessions might we hear?

Iran’s Stalinesque Show Trials

Stalinism was dropped even by the Soviet Union when the murderous Joseph Stalin died, but it has never disappeared completely.  North Korea, for instance, mimics the bizarre personality cult promoted by the Soviet dictator.

Now Iran appears to be adopting the Stalinesque tactic of staging show trials, with “confessions” from the obviously brutalized accused.  Reports the Wall Street Journal:

On Sunday, reaction by Iranian newspapers and Web sites to the trials of some 100 detained opposition members, including a former vice president, was polarized as some raised questions about whether their confessions were coerced.

The trial by Tehran’s Revolutionary Court appears to be paving the way for President Mahmoud Ahmadinejad to secure his grip on power and cap a gradual takeover of Iran’s political landscape by hardliners. Mr. Ahmadinejad, whose government claimed victory in the disputed June 12 presidential elections, is to be inaugurated Monday for a second four-year term. Opposition leaders said the election was rigged.

Top reformist figures appeared in court Saturday looking disheveled and dazed. They sat in the front row wearing gray prison pajamas and plastic slippers without socks, in an apparent attempt to humiliate them in public. The reform leaders were unshaven and had lost weight.

Mohammad Ali Abtahi, a cleric and former vice president to former President Mohamad Khatami, appeared without his robe and turban. Mr. Abtahi, who should legally be tried at the special tribunal for clerics, clutched a piece of paper and took the stand to give an elaborate confession. He said that reform leaders had been plotting for years to take over the government and had vowed to stick together.

By putting its outrageous repression forward front and center, the regime–fronted if not controlled by President Mahmoud Ahmadinejad–has delivered its own affirmative answer to the question whether the recent ballot was stolen.   Although the regime has sufficient coercive force to remain in power at the present, it has sacrificed any remaining legitimacy at home as well as abroad.  The oligarchy led by Ayatollah Ali Khamenei is likely to have an ever more difficult time fending off challenges within the governing elite as well as among the people.

Americans should wish the forces of liberty and democracy well.  There is little that the U.S. government, with an unsavory record of supporting repression in Iran, can do, other than ensure that Washington does not divert attention from the responsibility of the Tehran regime for the many problems facing the Iranian people.  But people around the nation and world can help publicize the struggle in Iran and provide Iranians with the tools of freedom, including freer access to the Internet.  The Iranian struggle against tyranny is one with which all lovers of liberty should identify.