Category Archives: War on Terror

9/11 Open Thread

As everyone is fully aware, today marks the 11th anniversary of the 9/11 attacks. Due to this passage of time, I’m somewhat conflicted about whether today should be strictly about remembering the victims and celebrating the heroism of the first responders (as well as how ordinary Americans came together donating their time, money, blood, and etc.) or if it’s appropriate to focus on the causes of this horrific violence (in the aftermath, people started asking the question: why?).

On his radio show today, Neal Boortz challenged listeners to look for MSM articles or broadcasts that would make any mention of the words “Muslim terrorists” or “Islamic terrorists” as opposed to simply “terrorists.” In addition to this challenge, for those who would like to take this up, I would be very interested if any MSM article has made any mention of the term “blowback” or anything referencing a response to American foreign policy as a reason for the attacks (Lest I be accused of making excuses for these Islamic terrorists, understanding the motivations for why they attacked WTC and the Pentagon is not the same as justifying their reasons or the attacks themselves).

I’m sure that some of you have some thoughts you would like to share on this very tragic anniversary, so feel free to offer your thoughts here in this open thread.

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Ron Paul Will Never Be President But He HAS Made a Difference

Those who support the establishment of the Republican Party tend to be irritated that Ron Paul’s supporters kept trying to put his name up for nomination against Mitt Romney at the convention in Tampa even though Paul had no realistic chance of winning. Even very early in the campaign, establishment whores such as Hugh Hewitt were arguing that Ron Paul along with Herman Cain and Gary Johnson should be “exiled” from the debates because they didn’t have “a prayer of winning” the nomination. But are political campaigns, especially presidential campaigns, only about winning the nomination and ultimately, the presidency?

As someone who supported Ron Paul in the primary, I believed his winning the nomination would be the greatest upset in political history to say nothing about becoming the next president. When Terry Moran asked Paul the question: “When you lay your head on your pillow at night, do you see yourself in the Oval Office?” Paul replied “not really.” This is not a typical response of someone who is making a serious run for president.

This isn’t to say in any way that Ron Paul was not making a serious run for president, I think he was. Paul made three unsuccessful runs for the presidency but has succeeded in changing the political conversation. He advanced the ball in ways that he otherwise would not have had he not made these runs for the White House.

The most obvious example of how Paul has changed the political debate would be his call for a full audit of the Federal Reserve. As recently as 2006, the following was written about the Federal Reserve in a book by Richard Brookhiser entitled What Would the Founders Do (Our Questions, Their Answers)*

Everyone likes the Federal Reserve System these days, partly because it seems to work so well. (Not one person in a thousand ever thinks of it, a rough definition of working well.) But suspicion of public banks could revive at any time, for the same reasons that many of the founders were suspicious of them — most people (the founders included) do not understand banks or banking, and some bankers are in fact crooks. (p.92)

Back when this paragraph was written, I don’t think the Federal Reserve was even on my radar and I don’t think I was alone. Maybe the Fed isn’t the top issue for the average voter even now but I do think it’s safe to say more people are skeptical of the Fed especially in the era of bailouts and quantitative easing (i.e. printing money out of thin air). The mere mention of Ben Bernake or the Fed, especially at Ron Paul or liberty oriented rallies bring about boos and chants of “End the Fed!” “End the Fed!” This in of itself isn’t that big of a deal; these are true believers. What is a big deal, however; is that language to audit the Fed has made its way into the 2012 Republican Party Platform. Even more importantly, Paul’s Audit the Fed bill passed the House by an overwhelming 327-98 vote margin. Every single Republican but one supported the legislation along with 89 Democrats.

The bill wasn’t brought to a vote in the Senate but pressure will mount on Harry Reid if the Democrats maintain control to schedule a vote. If the Republicans take the Senate, a vote is even more likely to happen and Audit the Fed would be more likely to pass. If it gets to the president’s desk, the president – be it Obama or Romney will sign the bill, I believe.

A bipartisan bill authored by Ron Paul – who would have thought?

Ron Paul, one man who prior to the 2008 campaign wasn’t a household name, has changed the conversation within the G.O.P. concerning the Fed, spending, constitutional government, taxation, and civil liberties. Though his delegates were mistreated in Tampa, the RNC saw fit to at least try to mollify them with this tribute to the congressman’s career.

Missing from the tribute video was Paul’s anti-war/anti-interventionist views that he has espoused throughout his political career. Paul challenged people to do their own research concerning American foreign policy, particularly in the Middle East. He openly challenged the notion that policing the world trying to “make the world safe for democracy” and nation building was in America’s national security interest. Though the Neocons and war hawks are still firmly in control of the G.O.P., more voices in the party are challenging the prevailing view and cautioning Americans about blowback – a term invented by the C.I.A. but popularized by the Texas congressman.

Most important of all, Ron Paul is leaving a legacy behind him as he retires from congress. What will become of the rEVOLution in his absence? A small but growing number of individuals are being elected to the House and the Senate who share many of Paul’s small government/pro-liberty views. Ron Paul’s son Sen. Rand Paul along with Sen. Mike Lee, Sen. Mark Kirk, Rep. Justin Amash among others will lead the movement into the future. If the Paul activists continue to fight the establishment from inside** the G.O.P., there is at least a chance that the party will actually live up to its more small government ideals it purports to stand for.

*Basic Books, New York.

**While I understand why some Paul supporters might be tempted to leave the party due to how they have been treated by the party establishment, I would advise against this. The G.O.P. is ripe for a hostile takeover BUT the establishment isn’t going to give up control so easy. If you drop out, you are allowing them to win; this is precisely what they want you to do. Don’t give them the satisfaction. Focus on the Senate, House, and races at the state and local levels and vote your conscience for president (the wonderful thing about voting is that you don’t have to tell anyone who you voted for). After this election, regroup and continue to fight for liberty.

Recovered from the Memory Hole: Rep. Paul Ryan Urges Congress to Pass TARP

Mitt Romney has selected Rep. Paul Ryan (R-WI) as his running mate with great fanfare among conservatives. Paul Ryan, someone with some fiscal sanity on a major political ticket who can offer an alternative to President Obama and his big government, big spending ways.

Well, not so fast. Not too long after the news of Ryan being selected as Romney’s running mate hit the wires, this little gem was recovered from the memory hole:

Well, maybe this is an anomaly. I wish it were. In addition to supporting TARP, Ryan supported the auto bailout, Medicare Part D, and voted against repealing Davis-Bacon. Ryan is also a war hawk and his record on civil liberties isn’t any better. Extending the Patriot Act, supporting the indefinite detention of American citizens provisions of the NDAA, and voting to create the Department of Homeland Security are but a few examples.

To put it another way, Paul Ryan is no Ron Paul, or even Rand Paul for that matter.

Quote of the Day: Killing vs. Squealing Edition

Judge Andrew Napolitano wrote an excellent article in yesterday’s Washington Post entitled: Killing vs. Squealing. The judge laments that the Republicans in the congress aren’t so much concerned about the fact that President Obama is acting as a third-world warlord thug killing individuals he picks out from a deck of “baseball cards” in Yemen, Pakistan, and elsewhere (foreigners and Americans alike) but the fact that someone, somewhere in the government has leaked this information to the press and the American public. Sen. John McCain and others apparently believe the Obama administration has leaked these facts to the press to show how effectively he is killing the “terrorists” abroad to preempt any attacks from the Romney campaign that Obama is somehow weak on “national security.”

Just about every paragraph in the judge’s article is quotable (seriously, read the whole thing) but I believe he summed up just where the “loyal opposition” is with regard to the president’s arguably impeachable activities best here:

Which is ultimately more harmful to freedom: that the president on his own kills, maims and destroys, or that some people in our own government who have greater fidelity to the Constitution than loyalty to an out-of-control presidency – and who are protected by law when they reveal government crimes – tell us what the president is up to? What kind of politicians complain about truthful revelations of unconstitutional behavior by the government, but not about death and destruction, and, let’s face it, criminal abuse of power by the president? Only cynical, power-hungry politicians who have disdain for the Constitution they have sworn to uphold could do this with a straight face.

[…]

How base our culture has become when the hunt for truth-tellers is more compelling than the cessation of unlawful government killing.

Yeah, the funny thing is, just four years ago when Bush was president, our culture (i.e. the MSM, Hollywood, academia, the anti-war movement, etc.) was very concerned about government secrecy, civil liberties violations, torture, secret prisons, getting out of Iraq & Afghanistan, etc. but now that their guy is in the Whitehouse, these very valid concerns seemingly have fallen by the wayside. If people in the opposition party doesn’t call the president out on this, don’t think for a moment that the president’s allies will. Something tells me that in the event Romney wins in November, all of these concerns will suddenly be back in vogue but not until then.

Doublespeak Definition of the Day: Combatant

I touched on this on yesterday’s post but I think the Obama administration’s redefinition of the word “combatant” as it relates to his secret kill list deserves more exposure. The following comes from a New York Times article written by Jo Becker and Scott Shane entitled: Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will. (The part I’m quoting from appears on this page)

[emphasis mine]

Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.

Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good.[…]

[…]

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” — and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.

Brilliant! If the statistics show that the drone attacks are killing too many civilians, redefine the term “combatant” and the number of civilians killed will show up in the single digits. George Orwell would be proud.

Related:
Are You or Someone You Know a Victim of the Drone Mentality?
Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition
Obama: Judge, Jury, and Executioner in Chief

The Birther Distraction Only Benefits Obama

There it is again. That damned conspiracy theory about Barack Obama being born not in Hawaii but Kenya. An honest question for you birthers out there: even assuming that everything you believe about the birthplace of Barack Obama is true, do you really think that even if you could prove it 100% that people who would otherwise support him/undecided would choose not to or would be declared ineligible to serve as president by some court, perhaps SCOTUS?

IMO the answers to those questions are no and probably not. If the voters are not concerned enough to vote him out (or even call for his impeachment) based on his other, much more damaging assaults on the Constitution, I seriously doubt these same people are going to be upset about Obama’s audacity to be born to an American mother outside the country. As far as violating his oath to defend the Constitution goes, this would be quite a minor assault.

So if the birther issue doesn’t benefit Obama’s opponents, who would it benefit? President Obama and the Democrat Party. The Obama campaign has already released an ad critical of Mitt Romney and his ties to Donald Trump (below).

This is precisely the kind of issue President Obama wants to be a part of this campaign. If the media and the people are talking about the birther question, they are not talking about his failed economic policies, his continued assaults on free market capitalism, ObamaCare, signing extensions to the Patriot Act, signing the NDAA, Fast and Furious, his drug war hypocrisy, his foreign policy befitting that of a warlord, his very Orwellian change in the definition of the term “civilian” to make his statistics for killings of innocent people in foreign lands not look so bad to the casual news consumer, and etc. In other words, Obama’s record as president!

I hear people complain that Obama wasn’t properly vetted in 2008 (and to a certain extent I agree). The media didn’t concentrate enough on the birth certificate, his time hanging out with Marxists in college, his unwillingness to release his college transcripts, his association with Jeremiah Wright. Some of these things are reasonable questions but are distractions to the issues of the greatest importance.

It may be true that we don’t know a whole lot about Obama’s biography or what made him the person he is relative to past presidents but we have had four years to evaluate his job performance as president. In the final analysis, isn’t that all that really matters?

The rEVOLution After Paul

With Congressman Ron Paul’s third presidential run and career coming to an end, what will become of his rEVOLution he inspired? Prior to the 2012 campaign, some suggested that former New Mexico Gov. Gary Johnson would be the “next” Ron Paul but with Johnson running as the Libertarian Party nominee after being mistreated by the GOP establishment in the primaries, it appears to me that that bridge has been burned and will likely never be rebuilt. Johnson’s activities in furthering the liberty movement will be done outside the Republican Party.

The new heir apparent to lead the rEVOLution appears to be the congressman’s son Sen. Rand Paul. Rand Paul has been one of a handful of voices of reason in the senate voting against renewing the Patriot Act, the NDAA*, standing up to the TSA, and speaking out against President Obama’s unconstitutional “kinetic military actions” in Libya and elsewhere to name a few. For the most part**, Sen. Rand Paul has been a consistent champion of liberty much like his father. Speculation abounds that Sen. Paul will make a presidential run of his own in 2016.

The rEVOLution and the greater liberty movement must be much larger than one person***, however. According to Brian Doherty, author of his new book Ron Paul’s rEVOLution: The Man and the Movement He Inspired, Paul’s movement will continue long after Paul himself has left the political stage. Doherty summarizes the thesis of his book in the Cato forum (video below); David Boaz and Sen. Rand Paul also offer their thoughts on the future of the liberty movement after Ron Paul.


» Read more

Open Thread: If I Wanted America to Fail…

FreeMarketAmerica.org has released a great video (above) called “If I Wanted America to Fail.” It’s a pretty decent list of policies one would want to implement to cause America to fail but it’s far from complete.

Here are a few suggestions of my own:

If I wanted America to fail, I would want congress to abdicate its war powers and give those powers to the president so he could commit acts of war against any country he desires for any or no reason at all.

If I wanted America to fail, I would want these undeclared wars to be open-ended with no discernable war aim. This would lead to blowback and create more enemies for America.

If I wanted America to fail, I would have troops deployed around the world to make sure the world is “safe for democracy” but would topple regimes, even those elected by the people of these countries, if the president found the new leaders not to his liking. This would create even more enemies who would try to cause America to fail.

If I wanted America to fail, I would do away with due process – even for American citizens who the president considers “enemy combatants.” I would want the president to have the ability to detain these people indefinitely, ship them to a foreign country, and even give the president the authority to kill these people anywhere in the world they are found.

If I wanted America to fail, I would have the ATF sell arms to Mexican drug cartels so they could kill innocent people on both sides of the border. I would name this operation after a lame action movie franchise and pretend to know nothing about it when details were made public (It’s not like the media would have any interest in investigating this deadly policy because this is a Democrat administration).

Now it’s your turn. What are the policies being implemented now that you would want implemented if your goal was to make America fail?

Milton Friedman on Libertarianism and Humility

On August 14, 1990, Milton Friedman gave a speech at the International Society for Individual Liberty’s 5th World Libertarian Conference on the subject of libertarianism and humility. There are many adjectives which can be ascribed to libertarians but “humble” usually isn’t one of them. Among the quotable parts of the speech, Friedman said the following:

On the one hand, I regard the basic human value that underlies my own beliefs as tolerance based on humility. I have no right to coerce someone else because I cannot be sure that I am right and he is wrong. On the other hand, some of our heros…people who have, in fact, done the most to promote libertarian ideas, who have been enormously influential, have been highly intolerant as human beings and have justified their views, with which I largely agree, in ways that I regard as promoting intolerance.

In searching for the above transcription of what I thought was very profound and wise, I found a couple of bloggers who thought this particular quotation as “an inadequate defense of liberty” or one of the “failures” of Milton Friedman.

I happen to disagree with these notions.

Maybe because I have been humbled in realizing that I had been wrong on some issues of great importance. By far the most difficult (yet ultimately liberating) post I have ever written was the post in which I declared that I was wrong about my support for the war in Iraq. I was so certain that regime change in Iraq would bring about peace in the Middle East and freedom would take hold. I thought the Ron Paul and big “L” Libertarian position on preemptive war was naïve and dangerous but now I believe the opposite to be true (for reasons I stated in the aforementioned post).

Having experiencing this, I can’t help but think that Friedman was right to say that each of us should be open to the possibility we may be wrong. If we aren’t open to this possibility, what is the point of debating an issue? Obviously, if I argue that X is correct and my opponent says Y is correct, I’m going to do my best to convince my opponent that I am right and s/he is wrong (meanwhile, my opponent is doing the same).

But what if I realize in the course of the debate that my opponent is at least partially right about Y being correct and/or that my reasoning is flawed or the facts do not support X? As a normal human being, I might not concede right away but if I am being intellectually honest, I’ll revise my thinking based on new information or new reasoning I hadn’t considered.

If Milton Friedman was willing to be open to the possibility of being wrong, how could I, someone whose mind will never in the same league as his, be so stubborn?

One thing I notice in watching Friedman debate people who are diametrically opposed to his positions was how patient he was with them. Something that many of us libertarians seem to forget is that much of what we believe to be true is counterintuitive to at least half of the people we encounter on a daily basis because many of these people have not been exposed to our philosophy. Friedman understood this. He knew that much of what he was saying was new territory for many who would hear his lectures or read his books.

Before he could make the case about any of his ideas to others, he had to be satisfied that the facts backed up his theory. These two sentences from the NPR obituary for Friedman summed up his approach beautifully:

Friedman was an empiricist, whose theories emerged from his study of the evidence, not the other way around. He also was a champion of the free market and small government.

We are supposed to believe this to be a weakness? I find this to be so refreshing!

Jon Stewart as a Voice of Sanity on Iran

The war drums for war with Iran on behalf of Israel are getting louder by the day. I wouldn’t have ever imagined that after experiencing the failure to find WMD in Iraq following the invasion along with the tremendous sacrifices of blood and treasure we would be having an almost identical conversation concerning Iran years later. I thought that as a country we learned the hard lessons about the folly of preemptive war.

Apparently, I was wrong.

The prospects of a nuclear Iran has been an issue I’ve been intending on writing about. What does it mean for the security of the world if Iran gets the bomb? Is war with Iran even avoidable given all the heated rhetoric on all sides?

Now enter a voice of reason: comedian Jon Stewart. One thing that Stewart points out in the first clip is that this is an election year, not only for the U.S. but also Israel and Iran! Could it be that the rhetoric is so over the top because politicians in all three countries want to talk tough to curry favor with voters?

In the second clip, Stewart plays even more rhetoric from the 2012 campaign. The leading G.O.P. candidates would have us believe that President Obama has said and done nothing whatsoever to help Israel stop Iran from getting the bomb. As Stewart demonstrates here, Obama’s rhetoric doesn’t differ that much from the G.O.P. field (sans Ron Paul, of course). President Obama’s rhetoric is much more hawkish than I am comfortable with to be sure.

While Stewart’s comic relief on this issue is very much needed, hopefully he gets his very serious message across.

Romney Would Have Signed the NDAA; Trusts that President Obama “Would not abuse this Power”

In last night’s debate, Gov. Mitt Romney said something quite incredible when asked if he would have signed the National Defense Authorization Act (NDAA):

Yes I would have [signed the NDAA] and I do believe it’s appropriate to have the capacity to detain people who are threats to this country who are members of Al Qaeda. Look you have every right in this country to protest and to express your views on a wide range of issues but you don’t have a right to join a group that is challenged America and has threatened killing Americans, has killed Americans and has declared war against America. That’s treason. And in this country we have a right to take those people and put them in jail.

And I recognize in a setting where there are enemy combatants and some of them on our own soil that could possibly be abused. There are a lot of things that I think this president does wrong – lots of them. But I don’t think he’s going to abuse this power and I know that if I were president I would not abuse this power. And I could also tell you in my view, you have to choose people who have sufficient character not to abuse the power of the presidency and to make sure that we do not violate the Constitutional principles.

But let me tell you, people who join Al Qaeda are not entitled to the rights of due process under our normal legal code. They are entitled instead to be treated as enemy combatants.

There are so many problems with Gov. Romney’s answer but let’s start with the issue of treason. The Constitution actually deals with the issue of treason (one of the few crimes mentioned in the document) in Article III, Section 3:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Where in this section does it say anything about jailing alleged traitors without due process? From my reading of this, the bar for proving treason is quite high but at a very minimum requires a trial (as opposed to the president’s declaration someone is a traitor or “enemy combatant”).

Perhaps the bigger issue is Romney’s throwing out any notion of the rule of law and replacing it with the rule of men. We are supposed to trust the president, even the very president who he says has done “lots of things” wrong. The onus is on us to make sure the “right” person is elected so that this power isn’t ever abused and does not violate Constitutional principles rather than constrain him with the rule of law (i.e. the Constitution).

I’ve got some bad news for you Gov. Romney. I don’t believe you have “sufficient character not to abuse the power of the presidency.” Your very acknowledgement that you would have signed the NDAA proves that you cannot be trusted to defend the Constitution as your oath would require.

Related:
National Defense Authorization Act Passes Complete With Indefinite Detention Provisions
The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Rick Santorum, The Anti-Libertarian

Until Rick Santorum’s recent surge in the polls, I didn’t consider him much more than a nuisance. Since the beginning of the campaign, I thought he had the most anti-libertarian agenda in the 2012 race but I didn’t think he was as realistic of a threat as say Rick Perry or Newt Gingrich. The best way to approach Santorum was to ignore him and not give him the attention he desperately craved.

But since Santorum is polling in the top three in Iowa, I think it’s time use his own words to illustrate why he is the most anti-liberty candidate in the race. He actually makes Barack Obama look like a civil libertarian (which is quite an accomplishment).

First, in this interview, Santorum says (among other things) that the pursuit of happiness somehow harms America.

Then, David Boaz writing for Cato@Liberty shares this quote from Santorum taken from a 2006 interview on NPR:

One of the criticisms I make is to what I refer to as more of a libertarianish right. You know, the left has gone so far left and the right in some respects has gone so far right that they touch each other. They come around in the circle. This whole idea of personal autonomy, well I don’t think most conservatives hold that point of view. Some do. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. You know, people should do whatever they want. Well, that is not how traditional conservatives view the world and I think most conservatives understand that individuals can’t go it alone. That there is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.

Silly me. I thought the American Revolution and this grand experiment in republican constitutional governance was precisely about “radical individualism” and liberty. To the extent our society hasn’t succeeded is due in large part to moralistic busy bodies just like Rick Santorum.

As if meddling in the affairs of Americans were not enough, Santorum also wants to continue to meddle in the Middle East and elsewhere. Santorum told “Meet the Press” that he would bomb Iran via airstrikes if Iran failed to allow inspectors verify that the regime isn’t developing a nuclear weapon (essentially, Iran is guilty of developing a bomb until proven innocent). “Iran will not get a nuclear weapon under my watch” Santorum proclaimed.

It seems that Rick Santorum inhabits another planet from those of us who believe in liberty, small government, and a humble foreign policy. This might explain why in the debates Santorum has the look of bewilderment on his face when Ron Paul speaks (in a foreign language apparently) about common sense principles of life, liberty, and property.

If the idea of a President Santorum doesn’t frighten you, it should.

GRANDMA GOT INDEFINITELY DETAINED (A VERY TSA CHRISTMAS)

Lyrics:

Grandma got indefinitely detained now
coming home to visit Christmas Eve
You could say she had a right to counsel
but some folks in the Congress disagree

she was flying home to our house
when she got checked by TSA
thought she might be Abdulmutallab
when they looked at her X-ray

Her hair had recently been colored
she paid cash for her Christmas gifts
two things apparently the Congress
says just might make you a terrorist

Grandma got indefinitely detained now
coming home to visit Christmas Eve
you could claim there’s no right to due process
but check the 5th amendment and you’ll see

they say they need to have these powers
to help protect this free country
but if it takes these steps to do so
what is it we are protecting?

Now she’s an enemy combatant
as if that makes any sense
the only thing that she’s combating
is her unpredictable incontinence

Grandma got indefinitely detained now
trying to come visit Christmas Eve
they took her rights in order to…protect rights..
the most genius plan ever in history

Grandma got indefinitely detained now
never made it home on Christmas day
she always wanted to live in Miami
at least now she’s 90 miles away

Quote of the Day: Isolationism Edition

Jacob Sullum @ Reason writes:

Reporters routinely describe Ron Paul’s foreign policy views as “isolationist” because he opposes the promiscuous use of military force. This is like calling him a recluse because he tries to avoid fistfights.

The implicit assumption that violence is the only way to interact with the world reflects the oddly circumscribed nature of foreign policy debates in mainstream American politics. It shows why Paul’s perspective is desperately needed in the campaign for the Republican presidential nomination.

Quote of the Day: Bill of Rights 220th Anniversary Edition

December 15, 2011 marks the 220th anniversary of the Bill of Rights – at least what is left of them. Anthony Gregory’s article at The Huffington Post runs through the list of violations of these precious rights from the Adams administration’s Alien and Sedition acts all the way to the present day violations of the Bush/Obama years via the war on terror. I encourage everyone to read the whole article and reflect on what these rights mean to you on this Bill of Rights Day. If you read nothing else from the article, at least read Gregory’s conclusion:

Clearly, we fall far short from having Bill of Rights that we adhere to and that was designed for our future posterity over 220 years ago. In the end, it is public opinion that most restrains political power — not words on paper, not judges, not politicians’ promises. A population that is not decidedly and passionately against violations of their liberties will see their rights stripped away. If we want to have a Bill of Rights Day worth celebrating, we must demand that officials at all levels respect our freedoms — and not let the government get away with abusing them.

Gregory is right: preserving the Bill of Rights ultimately rests with all of us.

National Defense Authorization Act Passes Complete With Indefinite Detention Provisions

Despite some valiant efforts of a handful of senators, the National Defense Authorization Act for FY 2012 passed by an astonishing 93-7 vote. Earlier today, Sen. Dianne Feinstein offered yet another amendment to the bill that would have limited the military’s jurisdiction to detain suspects captured outside the U.S.; the amendment failed by a narrower 55-45 margin.

In the first video below, Mark Kirk (R-IL) in his floor speech explains how Sections 1031 and 1032 violate the principles of the Bill of Rights by reading the applicable amendments. Sen. Kirk makes some geography based distinctions in determining whether U.S. citizens have due process rights (which I disagree with; geography should not matter) but otherwise does a great job of explaining to his fellow senators why keeping these sections in the bill is a terrible mistake.

Though he voted against the offending sections of the bill, Sen. Kirk ultimately voted with the majority in supporting the overall legislation.

Sen. Rand Paul (R-KY) on the other hand supported neither. Paul’s floor speech is equally compelling and perhaps even more chilling than that of Kirk’s. Could you find yourself an innocent victim of this bill? Do you have any missing fingers? Do you have more than a seven day supply of food? How many firearms do you own and if so what kind of ammunition do you use? Depending on your answers to these questions, it’s possible that you could find yourself detained, perhaps at Guantanamo Bay or elsewhere, indefinitely with very little legal recourse according to Sen. Paul.

Related Posts:

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Are You or Someone You Know a Victim of the Drone Mentality?

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition

Obama: Judge, Jury, and Executioner in Chief

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Back in the 2010 mid-term election, Libertarian Party co-founder David Nolan ran as a Libertarian against Sen. John McCain for his seat in the U.S. Senate. Sadly, McCain easily won the election and Nolan died several weeks after the election and just two days before his 67th birthday.

During his debate with Sen. McCain, Nolan warned voters of what he called a “dangerous, evil, un-American” bill which McCain co-sponsored called S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” This bill would authorize indefinite detention of American citizens without trial. Nolan was so outraged by this bill he said that this was one reason he decided to run against Sen. McCain.

Sen. McCain brushed off Nolan’s comments saying that Nolan “may be a little bit biased.”

Fast forward just over a year later, Sen. McCain has sponsored another piece of legislation hidden in the National Defense Authorization Act for FY 2012 that is very similar. One of the more concerning aspects of the bill is Section 1031:

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons’ for purposes of subsection (b)(2).

The next section, Section 1032 adds some confusing language as to whether American citizens can truly be held indefinitely:

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

Christopher Anders, senior legislative counsel of the ACLU points out that the language contained in Section 1032 only applies to Section 1032. To put it another way, according to Section 1031 U.S. citizens can be detained indefinitely and even sent to another country without the normal civil liberties protections guaranteed in the Fifth, Sixth, and possibly Eighth Amendments.

Sen. Mark Udall (D-CO) introduced Amendment No. 1107 to the bill that would have mitigated much of the civil liberties concerns found in 1031 but it was soundly defeated by a 61-37 vote. Only two Republicans, Mark Kirk of Illinois and Rand Paul of Kentucky voted in favor of the Udall amendment.

Now the vote for the National Defense Authorization Act for FY 2012 is set for today, December 1, 2011. There isn’t much time left to stop this horribly unconstitutional bill from being passed.

This being said, President Obama has threatened to veto the bill if these sections are still in place when it hits his desk. I’m not quite sure how the president can say on one hand he can send drones to kill American citizens while on the other say he opposes indefinite detention of American citizens but a veto would be the correct response regardless.

President Obama might well veto this bill but I have no confidence that any of the Republican challengers would veto similar legislation in the future save Gary Johnson (who is sadly very much a long shot at this point), Ron Paul, or perhaps Jon Huntsman.

We can now see that David Nolan’s concerns he expressed in the 2010 debate were well founded after all.

Ron Paul CNN National Security Debate Highlights and Observations

For those of us who value our liberties, there were a plethora of things said in last night’s debate from candidates not named Ron Paul to be very distressed about. For starters, there was the debate about the USA PATRIOT Act and whether it should be renewed, strengthened, or abolished. Unsurprisingly, Paul explained how civil liberties have eroded due to the act and lamented how willing the other candidates were to surrender even more liberty in the name of security. Paul held up Timothy McVeigh as an example of a terrorist who was tried in the traditional criminal justice system and ultimately convicted. In response, Newt Gingrich said “Timothy McVeigh succeeded.” (How he would have stopped the OKC bombings is anyone’s guess but I can’t imagine it would have been inside the framework of the Bill of Rights.) Paul’s response was spot on.

Then Rick Santorum advocated the notion of racial, religious, and ethnic profiling. Paul once again brought up Timothy McVeigh as an example of someone who would not have fit Santorum’s profile and pointed out some of the “careless use of words” being used by the other candidates (i.e. “we are at war,” naming individuals “terrorists” without due process etc.) is further compromising our liberty.

Other topics included Iran’s nuclear ambitions, the foregone conclusion that the U.S. should intervene anywhere and everywhere there is a regime our government doesn’t like, the assumption that not a single penny should be cut from the “national defense” budget, and the drug war violence in Mexico (I really wish someone would have brought up Fast and Furious).

Overall, the debate was very unsettling but Ron Paul once again was the voice of reason and responded well to his challengers.

Are You or Someone You Know a Victim of the Drone Mentality?

Are you or someone you know a victim of what Glenn Greenwald calls “the drone mentality”?

[Emphasis original]

I was predictably deluged with responses justifying Obama’s drone attacks on the ground that they are necessary to kill The Terrorists. Reading the responses, I could clearly discern the mentality driving them: I have never heard of 99% of the people my government kills with drones, nor have I ever seen any evidence about them, but I am sure they are Terrorists. That is the drone mentality in both senses of the word; it’s that combination of pure ignorance and blind faith in government authorities that you will inevitably hear from anyone defending President Obama’s militarism.

If you are or have been a victim of this mentality don’t feel bad. I was once a victim of this mentality myself. I once believed that the government was completely incompetent domestically but somehow very efficient in its execution of the so-called war on terror.

The article continues [Emphasis original]

As it turns out, it isn’t only the President’s drone-cheering supporters who have no idea who is being killed by the program they support; neither does the CIA itself. […] Obama’s broad standards for when drone strikes are permitted, and noted that the “bulk” of the drone attacks — the bulk of them – “target groups of men believed to be militants associated with terrorist groups, but whose identities aren’t always known.” As Spencer Ackerman put it: “The CIA is now killing people without knowing who they are, on suspicion of association with terrorist groups”; moreover, the administration refuses to describe what it even means by being “associated” with a Terrorist group (indeed, it steadfastly refuses to tell citizens anything about the legal principles governing its covert drone wars).

Kill ‘em all, let [insert deity here] sort ‘em out…is this the policy for combating terrorism now? Is anyone else reading this disturbed by this?

[T]he internal dissent [inside the U.S. government] is grounded in the concern that these drone attacks undermine U.S. objectives by increasing anti-American sentiment in the region (there’s that primitive, inscrutable Muslim culture rearing its head again: they strangely seem to get very angry when foreign governments send sky robots over their countries and blow up their neighbors, teenagers and children)[…] Remember, though: we have to kill The Muslim Terrorists because they have no regard for human life.

Nah, that can’t be it. They hate us because of our freedom. Just ask John Bolton, Rick Santorum, and the rest of the Neocons who are chomping at the bit to start a war with Iran.

How is it that this drone mentality persists and what is the cure?

This is why it’s so imperative to do everything possible to shine a light on the victims of President Obama’s aggression in Pakistan, Yemen, Somalia and elsewhere: ignoring the victims, rendering them invisible, is a crucial prerequisite to sustaining propaganda and maintaining support for this militarism (that’s the same reason John Brennan lied — yet again — by assuring Americans that there are no innocent victims of drone attacks). Many people want to hear nothing about these victims — like Tariq — because they don’t want to accept that the leader for whom they cheer and the drone attacks they support are regularly ending the lives of large numbers of innocent people, including children. They believe the fairy tale that the U.S. is only killing Terrorists and “militants” because they want to believe it…

For far too long, I believed this fairy tale myself. I couldn’t handle the truth but I eventually saw the error of my thinking. Government is just as blunt an instrument on foreign battlefields as it is in virtually every domestic aspect of our lives but even more destructive and deadly.

How about you, can you handle the truth?

The truth (according to sources cited in the article) that between 2,359 and 2,959 people (nearly 200 of whom were children) have been killed in 306 documented drone strikes, 85% of which were launched during the administration of the Nobel Peace Prize winner President Barack Obama?

If you are willing to confront the drone mentality head on, I would strongly encourage you to read the rest of Greenwald’s article.

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