Sent to you by Sean McBride via Google Reader: Conservatism vs.
authoritarianism: The British vs. the U.S. right via Salon: Glenn
Greenwald by Glenn Greenwald on 6/13/08
(updated below)

In Britain, the Labour Party, led by Prime Minister Gordon Brown, is
attempting to enact legislation empowering the Government to detain
terrorist suspects for 42 days without bothering to charge them with
any crime (as a result of post-9/11 legislation, the British Government
may do so now for 28 days). Much of the opposition to this expansion of
the Government's detention power comes from the British Right, which
sees it as an intolerable expansion of unchecked government power and a
severe erosion of core Western liberties. Factions within the British
Left are opposed to the legislation for the same reason.

The official position of the British Conservative Party is to oppose
the legislation, and former Tory Prime Minister John Major -- who
himself was the target of a 1991 bombing-assassination plot by the IRA
-- wrote an Op-Ed in the Times Online emphatically opposing these
increased detention powers and also opposing new DNA and other domestic
surveillance programs. Headlined "42-day detention: the threat to our
liberty -- The Government's plan is simply part of an assault on our
ancient rights," the conservative former Prime Minister wrote:

[T]he case for war was embellished by linking the Iraqi regime to the
9/11 attacks on New York -- for which there is not one shred of
evidence. As we moved towards war, that misinformation was compounded
by the implication that Saddam's Iraq was a clear and present danger to
the United Kingdom, which plainly it was not.

These actions damaged our reputation overseas. And, at home -- on the
back of the threat of terror and two serious incidents in London --
they foreshadowed a political climate in which civil liberties are
slowly being sacrificed.

We now know that, despite repeated denials, our Government was
complicit in rendition, or -- to put it in plain terms -- the transfer
of suspects out of civilised jurisdiction to a place where they could
be held without charge for a lengthy period.

Although the intention was presumably to garner information, such
action is hardly in the spirit of the nation that gave the world Magna
Carta, or the Parliament that gave it habeas corpus.

I don't believe that sacrifice of due process can be justified. If we
are seen to defend our own values in a manner that does violence to
them, then we run the risk of losing those values. Even worse, if our
own standards fall, it will serve to recruit terrorists more
effectively than their own propaganda could ever hope to. . . .

The Government has introduced measures to protect against terrorism.
These go beyond anything contemplated when Britain faced far more
regular -- and no less violent -- assaults from the IRA. The
justification of these has sometimes come close to scaremongering. . . .

The Government has been saying, in a catchy, misleading piece of
spin: "If you have nothing to hide, you have nothing to fear." This is
a demagogue's trick. We do have something to fear -- the total loss of
privacy to an intrusive state with authoritarian tendencies. . .

So is a society in which the right to personal privacy is downgraded.
These days a police superintendent can authorise bugging in public
places. A chief constable can authorise bugging our homes or cars.

The Home Secretary can approve telephone tapping and the interception
of our letters and e-mails. All of this is legal under an Act passed by
the Labour Government. None of this requires -- as it should -- the
sanction of a High Court Judge. . .

No one can rule out the possibility of another atrocity -- but a free
and open society is worth a certain amount of risk. A siege society is
alien to our core instincts and -- once in place - will be difficult to
dismantle. It is a road down which we should not go.That is an
expression of conservatism true to its ostensible principles of
individual liberty and limited government power. And, in England,
principled conservatism on such issues is not unique to Major. The Tory
MP leading the opposition to expanded detention powers, David Davis,
resigned his seat in order to run again specifically on a platform of
opposing due-process-less detentions and similar expansions of
government surveillance power:In his resignation statement, he said he
feared 42 days was just the beginning and next "we'll next see 56 days,
70 days, 90 days".

But, he added: "In truth, 42 days is just one -- perhaps the most
salient example -- of the insidious, surreptitious and relentless
erosion of fundamental British freedoms."

He listed the growth of the "database state," government "snooping" ID
cards, the erosion of jury trials and other issues.

"This cannot go on. It must be stopped and for that reason today I feel
it is incumbent on me to make a stand," said Mr Davis.This skepticism
of Government power -- which lies not only at the heart of most key
British reforms over the last 8 centuries but also at the heart of the
American Founding -- is precisely what has been missing almost
completely from the American Right, for which there is now no federal
government power too great or too unlimited to embrace. The American
right-wing faction which now dominates the Republican Party is defined
largely by their insatiable lust for limitless government power in
virtually every realm -- spying, detentions, interrogations, and
war-making.

Hence, while British conservatives largely oppose a policy merely to
allow the Government to detain terrorist suspects for 42 days with no
charges, our "conservatives" react with fury over the U.S. Supreme
Court's rejection of the President's claimed authority to hold such
suspects in Guantanamo for 6 years -- really indefinitely -- without
providing them any meaningful process at all. In fact, the Bush
administration asserted the right to detain even U.S. citizens,
arrested on U.S. soil, indefinitely, with no charges or any contact
with the outside world, for years, and they proceeded to do so, with
virtually no opposition of any kind from our self-proclaimed right-wing
defenders of individual liberty or limited government.

The rare exceptions on the U.S. Right which have opposed such Draconian
powers -- the Ron Pauls, Bruce Feins and Bob Barrs -- have largely been
excommunicated from the GOP Church, because the greatest blasphemy on
the American Right is to oppose endless expansions of Government power
or to insist on some limits on the Government's surveillance and
detention authority.

While British conservatives rally to defeat the Government's attempt to
increase its detention powers, the U.S Right is plagued by -- defined
by -- a truly warped, deeply authoritarian and profoundly un-American
mentality. That mentality is exemplified by this characteristically
deranged reaction to yesterday's Supreme Court ruling by National
Review's in-house legal expert, former prosecutor Andrew McCarthy:A
Courtroom, er, Battlefield We Can Win On [Andy McCarthy]

An old government friend emails with a practical response to the
Supreme Court: Let's free all Gitmo detainees...on a vast, deserted,
open and contested Afghan battlefield. C-130 gunship circling overhead
for security. Give them all a two minute running head start.To our
country's pseudo-tough-guy "conservatives," the very idea of merely
requiring the Government to prove the guilt of the people it wants to
imprison for life or execute is so intolerable, so offensive, that they
want instead to release them all -- including detainees who are
indisputably innocent -- onto a battlefield so that they can be
slaughtered by our planes with no trial at all. Moments earlier,
McCarthy declared the Supreme Court ruling to mean that "the American
people had lost to radical Islam, 5 to 4" -- in the authoritarian eyes
of the American Right, the American people "lose" when our Government
is required to prove the guilt of people before it can imprison them
for life or kill them.

The contrast between the British Right and the American Right could not
be more glaring. The former is at least mildly faithful to the
principles they espouse, while the latter has morphed completely into
an authoritarian, government-power-worshiping faction that fantasizes
it's waging glorious war against -- to use Antonin Scalia's politicized
term -- "radical Islamists," but which is only at war with its own
claimed principles and the principles on which the country was founded.

UPDATE: I was just on WNYC debating yesterday's Supreme Court ruling
with Jed Babbin, one of the most enthusiastic and active participants
in the Pentagon's "military analyst" program (Babbin was one of
the "military analysts" on the indescribably propagandistic trip to
Guantanamo, where they were led around by the Pentagon for a grand
total of 3 hours and then came back and, in unison, pronounced
Guantanamo free of abuse; Babbin is still squeezing propaganda mileage
out of that trip, as he said this morning that he was at Guantanamo and
there was no abuse. Detainees even play soccer there, he said).

The question I put to him again and again was one that he simply
couldn't answer: how and why would any American object to the mere
requirement that our Government prove that someone is guilty before we
imprison them indefinitely or execute them? That is all that
yesterday's Supreme Court ruling required -- not that detainees be
released, but that their guilt be proven in a fair proceeding. The fact
that the Right is so enraged by this basic requirement vividly reveals
the authoritarian impulses which define them. After all, key McCain
ally Lindsey Graham is actually threatening to amend our Constitution
to limit the right of habeas corpus in response to yesterday's ruling.
The authoritarian radicalism of this faction can't be overstated.

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