Topic: Law and Civil Liberties

First Thing We Do, Let’s Kill All the Lawyers

Scholars argue about what Shakespeare’s famous line in Henry VI really means, but I prefer to think that the wise playwright understood that law is a protection for the people and a constraint on rapacious rulers. Which brings us to the situation in Pakistan, where President/General Musharraf must be contemplating Shakespeare’s proposition. The glamorous Benazir Bhutto gets the headlines, but the real conflict is between Musharraf and the judges and lawyers who uphold the rule of law.

The latest crisis began last March, when Musharraf suspended Supreme Court Chief Justice Iftikhar Chaudhry. The rest of the Supreme Court then reinstated the chief justice. After questions arose about the legitimacy of Musharraf’s reelection, the general suspended the constitution and brought lawyers into the streets.

Lawyers. In the streets. In suits, as a Washington Post essayist noted. It’s not the usual image of a revolution. The people leading the rebellion against Musharraf’s undemocratic rule are not embattled farmers, or sans-culottes, or proletarian mobs, or even Buddhist monks. They’re lawyers, people normally committed to quiet meetings, legal briefs, formal argument, and decisionmaking processes both judicial and judicious.

But as Husain Haqqani, a former adviser to three Pakistani prime ministers, wrote in the Wall Street Journal:

Pakistan’s burgeoning civil society, led by lawyers and encouraged by judges ousted from the Supreme Court, is refusing to be cowed. Protests are spreading despite thousands of arrests and the use of tear gas and batons against peaceful demonstrators. More than 1,700 attorneys have been jailed but still more are taking to the streets. University students have joined the lawyers, and former Prime Minister Benazir Bhutto has vowed to violate a ban on public meetings by leading a rally on Friday.

There are a number of important reasons why Pakistan’s attorneys are leading the protests against Mr. Musharraf. They have a long tradition of activism for rule of law and human-rights issues. In 1968-69, the lawyers started the campaign that resulted in the ouster of Pakistan’s first military ruler, Field Marshal Ayub Khan. They also were at the forefront of the campaign against Mr. Zia-ul-Haq, whose 11-year military rule ended when he died in a 1988 plane crash.

The sympathies of Americans should be with the Pakistani people and the rule of law, not with any political player in the current struggle. It is not for the United States government to pick winners in Pakistan, but we should free ourselves of the belief that Musharraf is the only force capable of opposing radical Islamic terrorism in the country. Chief Justice Chaudhry, in Haqqani’s words, “has become a symbol of resistance to arbitrary rule — the man who refused to roll over and disappear, unlike earlier judges who cooperated with military rulers or simply went home when their conscience dictated otherwise.” He may one day be seen as the Joan of Arc or the George Washington of his country’s revival.

Haqqani writes, “Mr. Musharraf seems determined to put his own political survival before the rule of law — actions that warrant the label dictator. Pakistan’s attorneys, and increasingly the rest of its citizenry, seem equally determined to prevent this from happening.” Americans should wish them well.

Identity Systems Aren’t Good Security, and Other Lessons From the Chicago Airport Fake ID Story

AFP is reporting that more than a hundred people with false identification documents were given employee security passes to Chicago’s O’Hare airport.

This is a good opportunity to compare conventional wisdom to actual security wisdom.

CW: This was a breach of the airport’s security system.
W: This was definitely a breach of the airport’s identity system, but identity systems provide very little security. The airport’s security, already weak if it relied on workers’ identities, was little changed.

CW: “ ‘If we are to ensure public safety, we must know who has access to the secure areas of airports,’ said Patrick Fitzgerald, US attorney for the northern district of Illinois.”
W: Public safety can’t be ensured by knowing who has access to the secure areas of airports. Knowing who has access may protect against ordinary threats like theft, but not against the threats to aviation that we care about.

CW: “A fundamental component of airport safety is preventing the use of false identification badges and punishing those who commit or enable such violations.”
W: Preventing the use of false identification is a trivial component of airport safety. It’s a fundamental component of airport safety programs, which are mostly for show. Security expert Bruce Schneier calls them “security theater.”

CW: “Unauthorized workers employed at sensitive facilities such as airports, nuclear power plants, chemical plants, military bases, defense facilities and seaports pose a vulnerability which compromises the integrity of those key assets,’ US Immigration and Customs Enforcement said in a statement.”
W: Authorized workers employed at sensitive facilities pose a vulnerability which compromises the integrity of those very same assets. If you want to prevent some kind of harm, you must make that harm difficult to cause, regardless of who may try.

Security is not easy.

What You Need to Know About Driver Licensing and Illegal Aliens

After 700 words of Sturm und Drang about lawsuits and partisan machinations over whether illegal aliens should be able to get drivers’ licenses, CNSNews.com reporter Fred Lucas quoted me briefly:

“Identification systems aren’t a good security tool,” Harper told Cybercast News Service. “Driver licensing isn’t a good tool for immigration control. It will just result in illegal immigrants driving without a license.”

That sums it up nicely. Just thought I’d share it.

(The story says that unlicensed driving dropped by a third when New Mexico de-linked driver licensing and immigration status. Actually, unlicensed driving dropped by two thirds, from 33% to 11%, lower than the national average.)

Medical Marijuana

Three views on medical marijuana. 

For Drew Carey, click here.  (recommended)

For Mitt Romney, click here.

For Rudy Giuliani, click here.

More here.  I should also note that after California voters approved a medical marijuana referendum in 1996, Bill Clinton and Janet Reno vowed to enforce the federal law.  They stepped up the DEA raids and Bush continued the policy.

Freedom for Kareem November 9

November 9 will mark 1 year in jail for an innocent young man, sentenced to four years in prison for expressing his opinions on his blog.

Raja Kamal of the University of Chicago and I told the story in “Freedom for an Egyptian Blogger and Freethinker” last February in the Washington Post. You can get more details, including how you can help take part in a dignified protest for human rights, write letters to Egyptian officials, and more, at www.freekareem.org.

Anti-Immigrant Opinions are Weakly Held

I didn’t watch Tuesday’s Democratic debate – watching politicians from either party outbid each other on faux outrage and how much of my money they would spend is too annoying – but I did get the after-action report on the Newshour. And it seems Senator Clinton was drawn into the vortex New York Governor Eliot Spitzer (D) created with his recent flip-flop on driver licensing and public safety.

His original decision to de-link driver licensing and immigration status for public safety reasons was right, but it was pounced on and demagogued by anti-immigrant groups. Spitzer backed down, and pledged his state to implement the REAL ID Act, pleasing nobody. (When the costs of this national ID law to New York are discovered, he’ll flip-flop again, earning quiet, broad-based appreciation.)

Watching the excerpts of the candidates bumbling around this issue, it appeared to me that they knew giving licenses to illegal immigrants is the right and practical thing to do, but also that they would get demagogued if they said so.

Well, here’s my advice: Go ahead and say it.

Having watched this issue, and having heard from lots of angry people, I know that anti-immigrant views are a classic weakly held opinion. Angry as people are about the rule of law and “coming to this country the right way,” that anger melts when they learn more. Stuff like this:

“We haven’t permitted anywhere near enough legal immigration for decades. You can sit back and talk about legal channels, but the law has only allowed a smidgen of workers into the country compared to our huge demand. Getting people through legal channels at the INS has been hell.

“America, you’re going to have to get over what amounts to paperwork violations by otherwise law-abiding, honest, hard-working people. And that’s what we’re talking about - 98% honest, hard-working people who want to follow the same path our forefathers did, and who would be a credit to this country if we made it legal for them to come. Our current immigration policies are a greater threat to the rule of law than any of the people crossing the border to come here and work.”

This kind of argumentation will be met with vicious demagoguery, which will weaken, and weaken, and fade and fade and fade. The people I hear from – and I regularly do because of the educating I’ve been doing nationwide on the REAL ID Act – immediately soften when I pull them from their echo chambers. The “rule of law” hand is a low pair compared to this full house: “honest, hard-worker from impoverished circumstances, denied legal channels other than a narrow chance of navigating an incompetent bureaucracy.”

There’s one Democratic candidate who is well suited to make this kind of argument. It’s a way to draw attention, look principled, do the right thing, and vanquish a loud but weak pressure group. New Mexico’s uninsured driver rate dropped by two-thirds – from 33% to 11% – when that state delinked immigration status and driving in 2003.