Category Archives: Crime and Punishment

Quote of the Day: “Highest Honor” Edition

“Being called a traitor by Dick Cheney is the highest honor you can give an American…”

- Edward Snowden in response to Cheney and others calling him a traitor for his NSA leaking.

Your Secrets Are Not Safe with the Government

During a recent show, Chris Hayes, host of All In with Chris Hayes, made some very important points worthy of sharing here about government secrecy and the government’s inability to keep secrets:

As of the end of 2011, there were 1.4 million people with top secret security clearance […] just one of the 1.4 million people is on trial for leaking a heck of a lot of secrets. Bradley Manning is the 25-year-old soldier accused of turning over files to Wikileaks including reports from Afghanistan and air strikes to killed civilians. His trial got under way and he faces prison. He is viewed as a hero and others see him as a villain and a traitor. What he is is proof that the government cannot keep secrets. If 1.4 million people had access, that access is not a secret in any real way.

For the purposes of this post, I’m not going to get into whether Bradley Manning is a patriot or a traitor but Chris Hayes’ main point about the ability of the government to keep secrets safe, especially among 1.4 million individuals. These secrets that Manning leaked were secrets which painted the U.S. government in a very negative light (to put it mildly) and therefore, had a great deal of incentives to keep these secrets from ever seeing the light of day (this seems to throw quite a bit of cold water on many of the Alex Jones conspiracy theories, at least in my mind). If these secrets could not be kept safe from public view, can anyone really make the case that the government would be better able or have greater incentive to keep secrets collected on American citizens?

This brings me to Hayes’ second point about the SCOTUS ruling regarding the keeping of DNA records in databases, even of suspected felons who were later found not guilty:

The court decided that information can be taken without your consent and kept in a database. All the precautions taken with the database, the state is not allowed to search it for fun or interesting facts about people. It can only be used to identify suspects. No matter how responsible the state promises to be with it, it is a government database subject to the statement forces that our top clearance systems. That system that they are trying to keep hackers out which is to say it is a system that cannot keep secrets.

As we now know, the IRS found all kinds of “fun or interesting facts” and used them against certain individuals and groups. What other creative uses will this government come up with to use the alarming volume of information collected of and against the people? Even if we are to believe that most of the people who have access to confidential information will not misuse it (I have no such confidence this is true), all it takes is one rogue individual. For those who may be reading this who have adopted the authoritarian “If you have nothing to hide” mindset, I would suggest reconsidering that premise and resist the growing surveillance state.

The Best Defense Against Terrorism

Terrorism

The specter of terrorism, especially on the American homeland is very frightening. These fears are especially acute in the immediate aftermath of a terrorist attack such as the bombing near the finish line of the Boston Marathon on Monday.

More recently and prior to this latest attack, however; according to a recent Gallup poll, terrorism received 0% when asked about America’s greatest problem. Sen. Mitch McConnell said in response to the mathon bombing: “I think it’s safe to say that, for many, the complacency that prevailed prior to September 11th has returned. And so we are newly reminded that serious threats to our way of life remain.

Is Sen. McConnell right? Have Americans become complacent to these “serious threats”? Are Americans to blame for failing to be vigilant? Should we demand the federal government “do something” more to protect us?

Since 9/11, Americans have surrendered liberty for the appearance of security. The USA PATRIOT Act and the Department of Homeland Security have been in place for more than a decade. The former has given government agents the ability to write their own search warrants (i.e. National Security Letters), the ability to monitor bank accounts and library records of unsuspecting individuals among other privacy invasions. The latter created the TSA which gave airline passengers the choice between a thorough groping or a virtual strip search among other indignities. There was also the “no fly list” which contained the names of individuals who could not fly under any circumstances. President Bush launched two undeclared wars in Afghanistan and Iraq (two battlefronts in the “war on terror” we were told) projected to cost somewhere between $4-6 trillion when all is said and done.

President Obama, far from being “weak” on terrorism as many of his critics suggest, broke his promise of closing Guantanamo Bay, renewed the Patriot Act, expanded the use of drones with a “kill list” which includes American citizens, and signed the NDAA which gives government agents the ability to kidnap American citizens and take them to Guantanamo Bay and detain them indefinitely. Osama bin Laden was also killed on Obama’s watch.

Yet with all of these policies being used to wage war on a common noun, somehow, two individuals managed to plant a bomb near the finish line of the Boston Marathon which killed three people and injured many more. What other liberties are we, the people supposed to surrender to make sure this “never happens again.”?

The truth of the matter is we need to disabuse ourselves of the notion that any government policy can deliver such a promise no matter how many of our liberties we surrender. The government could take away all the guns, place all of our names in a database, implant RFID chips into our foreheads, track our every movement, go to war with three more countries, and certain individuals would still find a way to defeat these measures and commit acts of terrorism.

As discouraging as this may seem, there is one thing each and every one of us can do to defend ourselves against terrorism without sacrificing any liberty whatsoever (actually, re-claiming more of our lost liberties is part of the solution). But before this one thing can be revealed, we must first have a clear understanding of why some people resort to terrorism and how terrorism is supposed to work.

The “why” is simply that some people use the tactic in hopes of achieving (usually) a political end. These are usually people who do not believe they can accomplish their political aims peacefully through the normal political processes. The “how” is by engendering fear in carrying out attacks on unsuspecting people. The terrorists main goal is not necessarily to kill as many people as possible as it is to create so much fear that their enemies react emotionally as opposed to rationally.

Because the terrorist’s main goal is for each of us to live in fear that any moment we might be next, the answer is simply to not be afraid, stop acting out of fear, and stop allowing our leaders to legislate out of fear. This is the strategy Downsize D.C. has adopted and once I properly understood their reasoning, I have adopted this approach:

Here’s what it means to not be afraid, here’s what it means to fight a real war on terror, and here’s what it means to win that war, instantly . . .

  • It means that you do not participate in the public hysteria when terrorists attack, but instead react proportionally, placing the terrorist act in its proper place in the vast scheme of crimes, accidents, disease, natural disaster, and generic tragedy that is man’s lot on earth.

  • It means that you do not permit the politicians to feel terror on your behalf. It means that you discourage them from fomenting and exploiting hysteria to expand their own power at the expense of traditional American principles.

  • It means that you view terrorism as a matter for international police work, under the rule of law, and not a justification for bloated government programs, reckless wars, or the shredding of the Bill of Rights.

  • It means that you recruit others to adopt your war winning strategy of not being afraid.

Downsize D.C. also encourages Americans to write their legislators and include the following statement:

“I am not afraid of terrorism, and I want you to stop being afraid on my behalf. Please start scaling back the official government war on terror. Please replace it with a smaller, more focused anti-terrorist police effort in keeping with the rule of law. Please stop overreacting. I understand that it will not be possible to stop all terrorist acts. I accept that. I am not afraid.”

I think I would also add that we should stop treating these terrorists as if they are some larger than life super villain (Was it really necessary to shut down the entire town of Watertown, cancel sporting events, and stop trains from running for one person?). If and when the perpetrator is captured, he shouldn’t be treated any different than any other person accused of murder. If our government does anything well it’s putting people in cages.

For those who read this and are still afraid of being a victim of terrorism, let me offer a little bit of perspective. You are 17,600 times more likely to die from heart disease and 12,571 times more likely to die of cancer than a terrorist attack (so rather than worry about terrorism, pay attention to your health). You are also 1,048 times more likely to die in an auto accident than a terrorist attack (so pay attention to your driving and hang up that cell phone!). You are 8 times more likely to be killed by a cop or be electrocuted than be killed in a terrorist attack (so don’t fly your kite near power lines near a police station).

When was the last time you heard a politician point these things out?

The reason you haven’t is because politicians also benefit from fear. Think about it: what chance would the Patriot Act, NDAA, FISA, CISPA, gun control legislation, war, and laws named after dead children have of passing without the ability to scare the bejesus out of the general public? Fear is truly the health of the state.

Maybe the fact that most Americans have become “complacent” is a good thing!

This is…

…why I don’t trust people who want power:

By mid-May Steve [Heymann] was acting weird. None of his raids seemed to have turned up what he wanted. Aaron’s lawyer was talking to JSTOR, which had found him through Steve. We had contacted people to talk to JSTOR, eminent people, many of whom were shocked by what was happening. JSTOR was key to the prosecution, it was the victim, and we were winning them over. Steve had agents drop off a warrant made out to Aaron [Swartz], rather than law enforcement. It demanded the JSTOR documents, with the location for serving the warrant left blank. Aaron showed it to me, and we tried to interpret it in bewilderment. Warrants are executed by officers, not suspects. Aaron then told me Steve had threatened to get him arrested for contempt of court if he didn’t turn over JSTOR files. It was all tricks and lies, but it just seemed crazy at the time. But tricks and lies are part of prosecutions, allowed, and perhaps even encouraged, by prosecutorial immunity.

Read the whole thing.

‘Super Epic’ Tweet of the Day

There’s some really great tweets about Sen. Rand Paul’s filibuster. So far, this is my favorite:

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