Topic: Law and Civil Liberties

Don’t Tread on Me

Attorney General Alberto Gonzales does not like it when members of Congress poke their noses into the affairs of the executive branch. 

Consider today’s Washington Post report on this week’s release of the transcript from an April House Judiciary Committee hearing on such matters as domestic surveillance and treatment of potential terrorists. During the hearing, Gonzales repeatedly evaded lawmakers’ questions.

Here’s a snippet from the exchange between Gonzales and Rep. Jerrold Nadler (D-NY):

Nadler: Can you assure this Committee that the United States Government will not grab anybody at an airport or anyplace in U.S. territory, and send them to another country without some sort of due process?

Gonzales: Well, what I can tell you is that we’re going to follow the law in terms of what—

Nadler: Well, does the law permit us to send someone to another country without any due process, without a hearing before an administrative, an immigration judge or somebody? Just grab them off the street and put them on a plane, goodbye without — we’ve done that. Does the law permit us to do that? Do we claim that right?

Gonzales: I’m not going to confirm that we’ve done that.

Bush and Gonzales have this message for the Congress: Go back to investigating steroid use among athletes or something, but don’t tread on us!

On Media and Habeas Corpus

TV.  People call it the “boob tube.”  People banish it from their homes to demonstrate how smart and superior they are (oh, and elitist).  People argue endlessly about who should be able to own TV stations because, with too much media in too few hands, other people might hear or learn the wrong things.

The inferiority of TV.  Its subjection to the control of media titans, who play footsie with political power.  These things are demonstrated to be absurd by things like this: a former sportscaster on a throwaway cable news channel imploring his audience and the President about habeas corpus, the Military Commissions Act, and American history - for nearly nine minutes.  This is the kind of thing that happens in our supposedly vapid, short-attention-span media world.

Now, I’m not a fan of Keith Olbermann, nor an opponent of the current administration (though I criticize policies unreservedly when I think they’re wrong).  I make these disclaimers to encourage you to consider the arguments Olbermann makes, looking past some of his personal invective.  He states quite strongly things that our careful scholars are suggesting and exploring here, here, here, here, and here

People, when you’re not reading Levy, Moller, or Lynch - watch TV!

Tampering with George Mason’s Bill of Rights

I have an op-ed in the Washington Examiner on Virginia’s proposed constitutional amendment to restrict marriages, civil unions, domestic partnerships, and various contractual arrangements:

This amendment goes too far. But even its first sentence — the ban on gay marriage — is unworthy of a state that was the birthplace of American freedom. It is a cruel irony that this amendment to restrict contract rights and exclude loving couples from the institution of marriage is to be added to Virginia’s Bill of Rights, a document originally written by the great Founder George Mason.

Mason’s eloquent words inspired Thomas Jefferson in writing the Declaration of Independence and James Madison in writing the Bill of Rights for the U.S. Constitution. We should not add language to Virginia’s Bill of Rights that would limit rights rather than expand them.

Gay marriage is not legal in Virginia, and there’s no prospect of changing that in the foreseeable future, whether by legislative or judicial action. Ballot Question No. 1 is unnecessary and will create legal uncertainty.

Google (et al.) and Government Surveillance

Ars Technica reports here on the “provocative claim that Google is currently cooperating with secret elements in the US government, including the CIA.”  This is a possibility I blogged about here a couple of weeks ago.

It’s something people should be concerned about, and people’s concern is something Google should be concerned about.  

People averse to the risk of exposing their online activities to government surveillance should take Google’s studious silence as confirmation. 

An Interrogation in the Middle East

I have just been informed by a university student who attended our conference in Cairo this August that he has been told to report tomorrow to the prosecutor’s office for interrogation. If I don’t hear back from him by tomorrow evening, I’ll be alerting people to contact his country’s embassies for information on his status.

The potential crimes about which he is being interrogated (and for which he was arrested and detained earlier) concern informing the public on his Arabic-blog about police misconduct. 

I hope that the authorities don’t further compound their misconduct by jailing this brave young man. But if they do, they should at the very least know that people are watching them. (Thank God for the Internet, which allowed him to alert people to police misconduct and now to alert his friends to the harassment he is facing for it.)