On Tue, Sep 16, 2008 at 10:09 PM, Robert Munn <[EMAIL PROTECTED]> wrote:

> I don't see even the tiniest, remotest possibility of that happening
> in the US. Here are a few thoughts:
>
> - The War on Drugs is a waste of time, money, and resources, but no
> one has ever ended up in Gitmo because of it, and everyone prosecuted
> under it has had the same rights as every other criminal defendant in
> the United States.
>

Actually, they don't necessarily have the same rights as other criminal
defendants. For instance, we passed a law here in Oregon requiring a
conviction for seizure of money and property in drug busts. It made the law
enforcement community go ape shit.  Prior to that initiative passing, they
had broad authority to seize and sell anything they deemed associated with a
bust even without a conviction. Now the law enforcement groups have lost a
significant source of revenue and they have to follow through with
prosecutions in order to keep seized items.

Beyond that though, your point doesn't deal with the notion of a chilling
effect at all. Sure, the glass blower in my example had the right to
challenge his arrest. But the point of the operation wasn't to convict the
guy. We are talking about a major, coordinated multi-state operation whose
purpose was to "send a message". The one guy in the whole bust that they did
get jail time for was Tommy Chong. And the prosecution admitted that it went
after him because he is a celebrity and a symbol of drug culture. We aren't
talking about a simple case of law enforcment arresting someone for breaking
the law, we are talking about broad efforts to use the tools of law
enforcement to intimidate and cow a segment of society. That's much more
pernicious.

- Gitmo is in the process of being wound down, not ramped up to house
> more people.


I'm pretty sure that Gitmo was being used as an example, not the only
destination that would qualify as a horrible end. Shipping Maureen off to
Diego Garcia, a black site in Eastern Europe or even a Super Max prision in
Texas would probably qualify as being pretty ugly.


> - Congress controls the levers on the Patriot Act and may well decide
> not to renew it next time it comes up.
>

Oh, well that's comforting. That's exactly how I like my civil liberties
protected.


>
> Personal liberties have always been more restricted during times of
> conflict. Part of the compact we make in a civil society is to allow
> our government, when necessary, to be a little more intrusive in our
> lives, if on balance that intrusion is deemed necessary to protect the
> country. Keep in mind that Republicans and Democrats alike have voted
> to keep warrant-less wiretaps and other measures in place after seeing
> how those measures have directly contributed to saving American lives.
>
> Should we be vigilant against attacks on personal liberty? Of course.
> We should also be vigilant against attacks on our country and our
> civilization, which is what we are facing from Al Qaeda.
>
>
I was on the phones for hours in the lead up to teh FISA votes. I sent
faxes, I sent emails. I would have sent letters if Congress allowed real
mail anymore. I bitched Obama out up one side and down the other on his
vote. You won't see me defending Obama on that one. And I'm frequently
nauseated at the way that Reid and Pelosi buckle to Bush on important
matters like civil liberties. No problems here slapping around the
Democratic Party and its leaders when they deserve it.

As for the balance of national security and civil liberties...well, that's a
matter for debate. Individual rights can only go so far, that is truly part
of the social compact. But seriously, do you agree that we are in such dire
straits that we need to be fighting for Habeas Corpus seven full years after
the last attack on US soil?

Freedom is vital to me. If I run a greater risk of dying in a terrorist
attack because of living more freely on a day to day basis, that is a risk
I'm willing to discuss. Habeas Corpus was suspended in the Civil War when
the entire nation was a battlefield, literally. And then again in WWII when
Japan attacked Pearl Harbor but was suspended for 3 years and only in
Hawaii. I just don't see the current struggle with Al Queda rising to the
same level of need as the Civil War and WWII. What is your opinion?

Judah


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