Topic: Law and Civil Liberties

HRW’s Deafening Denunciation of Hugo Chávez

Human Rights Watch cannot be accused of being a right-wing organization fostering Washington’s imperialist agenda. Thus, its recent report bluntly condemning Hugo Chávez for the erosion of democracy and the gross violation of civil liberties in Venezuela is creating shockwaves. The first reaction from the government in Caracas has been to expel HRW director José Miguel Vivanco.

In 236 pages, the report, titled “A Decade Under Chávez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela,” details Chávez’s abuses against opposition groups, the media, organized labor, civil society, and his assault on the Courts. It’s a worthwhile read.

Abuse of Power, Big Time

This week, the Washington Post ran two excerpts from Barton Gellman’s new book Angler: The Cheney Vice Presidency, which describes the fight over warrantless wiretapping in greater detail than we’ve had before. We still don’t know the precise reach of the original (pre-2004) program, nor do we have the classified legal analysis prepared by John Yoo. But Gellman’s account makes you wonder just how far the program and the legal theory went, given that it horrified men like Attorney General John Ashcroft, Deputy A.G. James Comey, and Office of Legal Counsel head Jack Goldsmith–all staunch conservatives who were perfectly comfortable with ambitious theories of executive power, all of whom (along with FBI Director Robert Mueller and sundry other top Justice officials) were ready to resign over the original warrantless wiretapping program. (Marty Lederman made a similar point last year, when Comey testified before the Senate Judiciary Committee).

Ashcroft’s record on civil liberties and executive power is fairly well known. And keep in mind who Goldsmith and Comey are. Goldsmith says plainly that he’s “not a civil libertarian,” and he got the OLC job on John Yoo’s recommendation. And as a US Attorney in New York, James Comey was quite comfortable with pushing the law to its limits and beyond. He prosecuted Martha Stewart for misleading federal investigators about behavior that wasn’t a crime, and he even seriously considered pursuing mail and wire fraud charges against disgraced reporter Jayson Blair for the hitherto unknown crime of making stuff up in the New York Times (Bill Kristol, beware). But the original program was a bridge too far even for them.

Gellman describes a “come to Jesus” meeting orchestrated by David Addington, Alberto Gonzales and Dick Cheney, to get the Justice Department to reauthorize the surveillance program:

Comey, Goldsmith and Philbin found the titans of the intelligence establishment lined up, a bunch of grave-faced analysts behind them for added mass. The spy chiefs brought no lawyers. The law was not the point. This meeting, described by officials with access to two sets of contemporaneous notes, was about telling Justice to set its qualms aside.

The staging had been arranged for maximum impact. Cheney sat at the head of Card’s rectangular table, pivoting left to face the acting attorney general. The two men were close enough to touch. Card sat grimly at Cheney’s right, directly across from Comey. There was plenty of eye contact all around.

This program, Cheney said, was vital. Turning it off would leave us blind. Hayden, the NSA chief, pitched in: Even if the program had yet to produce blockbuster results, it was the only real hope of discovering sleeper agents before they could act.

“How can you possibly be reversing course on something of this importance after all this time?” Cheney asked.

“I will accept for purposes of discussion that it is as valuable as you say it is,” Comey said. “That only makes this more painful. It doesn’t change the analysis. If I can’t find a lawful basis for something, your telling me you really, really need to do it doesn’t help me.”

“Others see it differently,” Cheney said.

There was only one of those, really. John Yoo had been out of the picture for nearly a year. It was all Addington.

“The analysis is flawed, in fact facially flawed,” Comey said. “No lawyer reading that could reasonably rely on it.”

Gonzales said nothing. Addington stood by the window, over Cheney’s shoulder. He had heard a bellyful.

“Well, I’m a lawyer and I did,” Addington said, glaring at Comey.

“No good lawyer,” Comey said.

Bonus Angler revelation: Former House Majority Leader Dick Armey suggests that Cheney lied to him to keep Armey from going all wobbly on the Iraq War vote:

The threat Cheney described went far beyond public statements that have been criticized for relying on “cherry-picked” intelligence of unknown reliability. There was no intelligence to support the vice president’s private assertions, Gellman reports.

Armey had spoken out against the coming war, and his opposition gave cover to Democrats who feared the political costs of appearing weak. Armey reversed his position after Cheney told him, he said, that the threat from Iraq was “more imminent than we want to portray to the public at large.”

Cheney said, according to Armey, that Iraq’s “ability to miniaturize weapons of mass destruction, particularly nuclear,” had been “substantially refined since the first Gulf War.”

Cheney linked that threat to Hussein’s alleged ties to Al Qaeda, Armey said, explaining “we now know they have the ability to develop these weapons in a very portable fashion, and they have a delivery system in their relationship with organizations such as Al Qaeda.”

“Did Dick Cheney … purposely tell me things he knew to be untrue?” Armey said. “I seriously feel that may be the case… . Had I known or believed then what I believe now, I would have publicly opposed [the war] resolution right to the bitter end.”

Polling Presidential Power

There’s a new poll out from the Associated Press and the National Constitution Center that shows “Americans strongly oppose giving the president more power at the expense of Congress or the courts, even to enhance national security or the economy.” Which is certainly good news, but it doesn’t mean there’s deep public support for de-imperializing the presidency. As the survey itself shows, only a minority of Americans thinks our current, gargantuan presidency is “too powerful.”

Which is one reason why there’s been very little debate over presidential power in campaign over the last few months (I know, because I’ve been looking fruitlessly for op-ed news hooks). Even after the Bush years, presidential power is not a pressing electoral issue.

Last December, Charlie Savage did the electorate a service by getting all the presidential candidates to go on the record with their views on executive power. (Here are McCain, Obama, and Biden’s answers.) But the voters don’t punish candidates who break these promises like they do presidents who break a “no new taxes” pledge. If the voters did, the candidates would have worried more about flip-flopping on the wiretapping question, but both McCain and Obama felt they could do it with little difficulty.

So sure, around 2/3s of the respondents to the AP/National Constitution Center poll oppose further expansions of executive power. But how people answer broad, abstract questions about governance is one thing; what they actually demand from potential presidents is another thing entirely. If the rhetoric of this presidential campaign is any indication, voters continue to respond to the idea of the president as a combination miracle-worker-cum-national parent.

Barack Obama has, among other things, promised to hold back the oceans’ rise, “end the age of oil in our time,” and “create a Kingdom right here on Earth.”

In his acceptance speech, John McCain professed humility, only moments after a video montage that suggested God rescued him from a carrier-deck fire so he could be president someday. And, judging by Rudy Giuliani’s keynote address, McCain will bridge the Mommy Party/Daddy Party divide, becoming a all-purpose national parent: “And we can trust him to deal with anything, anything that nature throws our way, anything that terrorists do to us…. and we will be safe in his hands, and our children will be safe in his hands.” He’s got the whole world in his hands.

This expansive vision of presidential responsibility is incompatible with limited government. And so long as it prevails, we can’t take much comfort in the fact that Americans tell pollsters they’d like limits on presidential power.

More bad news here.

Suppressing Terrorism Videos Does No Good

It exalts terrorists and terrorism to try chasing their videos off the Internet, and it doesn’t work. Senator Lieberman’s quest to cleanse the Internet of terrorism has won a battle in a losing war by convincing Google to take down such videos. They can still be found on LiveLeak and can be hosted on any of millions of servers worldwide.

[In his eager anti-Google gafliery (“gadfliery” - the nominative case of the verb “to gadfly,” which I just invented), I’m sorry to say that TLF friend Scott Cleland has gotten it wrong.]

The better approach is to treat terrorists as the losers that they are. Their videos do not scare us, but provide us opportunities to observe, comment, and deplore them, perhaps even mocking their foolishness. In this video, at minute 2:18, terrorists appear to be training for the circus. We’ll really fear them when they can fend off lions with a chair.

More on the Calvo Home Invasion

Yesterday, Washington Post columnist Marc Fisher had a nice piece about the Calvo incident.  Mr. Fisher was in attendance at our policy forum last week .  Also, the popular blog site Boing Boing  picked up our event and our podcast interview with Mayor Calvo.  Today, we have a podcast interview with Radley Balko, author of the Cato study, Overkill.

“Four Hours Later, They Left Us With an Unsecure Door, a House Turned Upside Down, and Two Dead Dogs”

Yesterday, Berwyn Heights, Md., mayor Cheye Calvo spoke at the Cato Institute about his experience on the receiving end of a misdirected drug raid. He sat down later to record today’s Cato Daily Podcast [MP3].

Calvo recognizes that he is one of the lucky ones because nobody in his family was hurt and because he is in a position to object to this kind of treatment.

If you haven’t felt outrage at the drug raid epidemic across the country, and the danger it creates for citizens and law enforcement, maybe it will help you to know that they shot the dogs.

Audio and (soon) video are on the Cato website. Radley Balko’s study “Overkill: The Rise of Paramilitary Police Raids in America” can be purchased here.

They shot the dogs.

“Law and Order” — YouTube Version

My colleague David Boaz posted here a few months ago with a memorable reminder of what “law and order” means. Discussing a pair of Virginia Supreme Court cases that overturned drug convictions premised on searches conducted without sufficient suspicion, he said:

Advocates of liberty and limited government should not concede the concept of “law and order” to those who engage in “excessive use of police powers.” Those who actually believe in law and order would hold police and prosecutors, as well as criminal suspects, to the rule of law; and that seems to be what the Virginia Supreme Court did.

I was reminded of this when I came across this video of a law-and-order type encountering Customs and Border Patrol agents as he attempted to drive on State Route 86 in Arizona. It’s as exciting to watch as any TV show.