April 18, 2013
On the Boston Bombings: "I’m safe. You are safe. 99.999999% of the country is safe. But there never is a completely safe, and there never will be. I refuse to give up another right to prevent another 'Boston.' The bomber isn't the only one who wants you to be afraid. Remember that."

(Source: liberalsarecool, via progressivefriends)

April 15, 2013
Fear Of A Muslim Bomber

When I first heard about the bombings in Boston earlier this afternoon, my reaction was sterotypical: I was shocked and saddened.  My heart went out to the victims and their families.  An event that is literally world-famous, which draws tens of thousands of competitors annually, and which is a boon to the Boston business community, and is often associated with charitable causes, has been scarred by a particularly horrifying form of violence.  It is a tragedy at the cultural level, and also at the personal level for all those involved.

Details are still trickling in, but there is no question that this appears to be a particularly gruesome attack.  Many people lost limbs.  As of this writing, the Boston Globe (who has dropped their paywall in light of the attacks), is reporting 3 killed and 125 140 injured.  I am sure those numbers will rise as hospitals get their numbers in order.  They are rightly focused on helping the victims, rather than getting the numbers straight.

Very shortly after the attacks, officials began reporting that undetonated explosive devices were being discovered elsewhere in the city.  At that point, it became clear that this was an intentional attack.

And my heart sank.

Whenever there is a terrorist attack on American soil—apparent, actual, or threatened—two phenomenon generally accompany it.  First, there is a general desire to discover “what went wrong” in the aftermath.  We look at the Government entities who were supposed to prevent these tragedies from occurring, search for flaws, and try to fix them.  This is understandable—everybody wants to figure out how to prevent future tragedies from occurring.

Unfortunately, the “fixes” that get proposed almost always involve significant deprivations of the civil liberties of innocent and law-abiding people who had nothing to do with the attack.  In the aftermath of 9/11, Congress passed the infamous PATRIOT Act, in all of its glory.  Inside the PATRIOT Act is a particularly insidious provision which provided for “Delayed-Notice Search Warrants.”  These new warrants, which allow police to enter and search a home without notifying the owner until months after the search was conducted, were supposed to help federal officials catch terrorists more easily.  Instead, more than 9 out of every 10 applications for delayed-notice search warrants were used for narcotics enforcement.  A device that was supposed to help us fight terrorists is being used instead to fight the notoriously failed War on Drugs—a realization that has left many to realize that the expansion of police power authorized by the PATRIOT Act was, for the most part, unnecessary and ineffective in helping the country to counter terrorist threats.  

And that’s the problem with the first post-terrorism phenomenon: people immediately become willing to sacrifice their civil rights, despite the fact that those sacrifices, almost without fail, are later revealed to be ineffective and unnecessary in the long run.  As Justice Brennan said in 1987:

For as adamant as my country has been about civil liberties during peacetime, it has a long history of failing to preserve civil liberties when it perceived its national security threatened.  This series of failures is particularly frustrating in that it appears to result not from informed and rational decisions that protecting civil liberties would expose the United States to unacceptable security risks, but rather from the episodic nature of our security crises.  After each perceived security crises ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary.  but it has proven unable to prevent itself from repeating the error when the next crisis came along.

Despite this well-recognized pattern of history, I have no doubt that when the dust settles on this latest tragedy, we will see pundits and officials scrambling to figure out what went wrong in Boston.  They will ask how we could’ve missed the explosive devices before they were detonated.  And they will seek to discover what part of our law enforcement institutions and national security apparatus must be “strengthened” in order to prevent another tragedy like this from happening in the future.  It is unfortunate that “strengthening” those institutions often comes at the cost of marginalizing various groups within American society.  

This brings me to the second phenomenon that occurs in the wake of national tragedies in America: the rousing of dormant Islamophobia and animosity towards Arabs.  While things are not as bad as they were in the wake of 9/11 when hate crimes towards Arab and Muslim Americans skyrocketed, one can already see the tendrils of hatred towards Muslim and Arab citizens creeping into the public sphere.

This is particularly frustrating.  As I was browsing the twittersphere for news about the Boston Marathon bombing, I made a point to sample some of the reactions from Muslim tweeters.  Muslims of diverse backgrounds were as horrified by the violence as anyone else.  Here is a small sampling of some of the reactions:

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And yet, despite the outrage and empathy, there is also fear.  It is a fear that every Muslim person has when a large tragedy of any sort occurs in America.  It is a fear that leads Muslim citizens to mutter phrases such as “Please don’t be a Muslim” in the wake of an attack:

 [A] Libyan Twitter user named Hend Amry wrote, “Please don’t be a ‘Muslim.’” Her message was retweeted by more than 100 other users, including well-known journalists and writers from the Muslim world.

Jenan Moussa, a journalist for Dubai-based Al-Aan TV, retweeted the message “Please don’t be a ‘Muslim’” and added that the plea was “The thought of every Muslim right now.” Moussa’s message was forwarded more than 200 times.

Every time a large tragedy occurs in America, Muslims pray for the safety of their families.  They are forced to hang their heads low and dutifully remind everyone that they hate being bombed too, as insultingly obvious as that should be.  They are forced to do this despite being the vast majority of victims of terrorist violence, and despite the fact that on the same day as the Boston Marathon bombing, 231 Iraqi citizens were killed or injured in bombings in three cities in Iraq, and America did not even bat a lash.  Dead innocent Muslim bodies in foreign countries are ignored, while living innocent Muslim bodies in America are forced to vicariously answer for the depraved actions of mad men, latter of whose colleagues may have killed the former’s loved ones in a previous attack.

And thus, we see reactions of this sort:

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And yet there is some hope.  The initial backlash against Muslim citizens seems to be less intense than it has been in the past.  Nonetheless, it remains.  In light of this, it is helpful to remember the words of Max Fisher, who offered the following extraordinarily insightful remarks at the Washington Post:

There will be displays of true sympathy from the Muslim world regardless of the religion of those responsible for the fatal blasts in Boston — as there were after both Sept. 11, 2001, and the deadly December school shooting in Newtown, Conn. Should the incident turn out to have even the slightest connection to a professed observer of Islam – a possibility that, according to Moussa and others, some Muslims are dreading – those gestures of support may look something like the handmade posters in Benghazi last September, a declaration of solidarity and a gentle reminder that Muslims despise terrorism just as much as anyone else.

February 12, 2013
"Can any of us imagine a time when we are not firing weapons into foreign countries; when we are not stripping down to our socks for travel; when we are not sending agents into mosques to foment plots; when we are not spying on Muslim students? What reason is there to view this moment when we do not torture as anything more than a brief interlude? Is this just who we are, now? Or is it, in fact, who we have always been? Can any of us actually imagine the end?"

Ta-Nehisi Coates on The Art of Infinite War (via theatlantic)

(via prettayprettaygood)

February 9, 2013
"The Washington Post has reported that there are 1,271 government organizations and 1,931 private companies in 10,000 locations in the United States that are working on counterterrorism, homeland security, and intelligence, and that the intelligence community as a whole includes 854,000 people who hold top-secret clearances. According to a 2008 study by the Office of the Director of National Intelligence, private contractors make up 29% of the workforce in the US intelligence community and cost the equivalent of 49% of their personnel budgets."

United States Intelligence Community (Wikipedia).

1,271 government organizations working on national security and intelligence.  The Washington Post report in question noted that “The top-secret world the government created in response to the terrorist attacks of Sept. 11, 2001, has become so large, so unwieldy and so secretive that no one knows how much money it costs, how many people it employs, how many programs exist within it or exactly how many agencies do the same work.”

If this isn’t an indication that the Leviathan is out of control, I’m not sure what is.

January 19, 2013
"Last month, while nobody was taking anyone’s gun, the senate voted to reauthorize a program that allows the government to collect data and hold on to it forever. They can look at your e-mails, your texts, your skypes, and not a peep out of the crowd that’s always bitching about what the Framers intended … the facebook generation in particular doesn’t seem to care that big brother now knows everything about you … doesn’t anyone care that this is the new normal? I guess not. Gun nuts don’t care, and neither do liberals. When Bush did warrantless wiretapping, oh! He was wiping his ass with the Constitution! But when Obama does it? Oh, whatever helps Jessica Chastain find Bin Laden … both parties compete to appear to be greater champion of our freedoms, but the only thing that still has bipartisan support in Washington is not giving a shit about privacy."

Bill Maher

h/t/ brooklynmutt

April 23, 2012
"Th[e National Security Agency’s] capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. [If a dictator ever took over, the N.S.A.] could enable it to impose total tyranny, and there would be no way to fight back"

Senator Frank Church, 1975.

Via Glenn Greenwald

April 12, 2012
The Loyal Slave Learns To Love The Lash

I was chatting with a colleague at law school today, and we were discussing a resolution I drafted in March for the ABA House of Delegates condemning the use of long-term solitary confinement in prisons.  The conversation turned towards Bradley Manning, whose case my colleague was unfamiliar with.  After explaining the circumstances of Manning’s detention, including the alleged leak of the infamous Wikileaks cables, he mentioned how he believed that what Bradley Manning did was wrong; and explained that there is information that the government has access to that he doesn’t want to be told about.  His grounds for this position was that our enemies were watching, and certain information about our national security actions would put lives in danger if it was disseminated to the public.

As he said this, I could not help but be reminded of a quote from James Madison, who once said:

Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.

And:

A popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both.

And Patrick Henry, who said:

The liberties of a people never were, nor ever will be,  secure, when the transactions of their rulers may be concealed from them. 

And Jeremy Bentham, who said:

Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government.

And:

Without publicity, all other checks are fruitless: in comparison with publicity, all other checks are of small account.

And Lord Action, who said:

Every thing secret degenerates, even the administration of justice; nothing is safe that does not show it can bear discussion and publicity.

And Woodrow Wilson, who said:

Government ought to be all outside and no inside… . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair presumption that secrecy means impropriety.

And Justice Louis Brandeis, who said:

Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.

And Judge Damon Keith, of the U.S. Sixth Circuit Court of Appeals, who said:

Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately.

Perhaps unsurprisingly, my colleague professed himself to be “more of a conservative” after revealing his love of furtive tyranny.  But sarcasm aside, what I will never understand is why, why anyone, particularly a person who claims that the government is dangerously incompetent, actually desires for that same government to hide information from him, ostensibly for his own benefit?  Why would you trust an institution that, by your professed measure, screws up virtually everything it touches?  Why do you pine to be enslaved vis-a-vis further alienating yourself from the decisions of our political leaders, by divorcing yourself from perfect knowledge of what they do on your behalf?  Why do you prefer ignorance?  Why do you prefer a restriction on liberty to achieve greater security?  

Isn’t there another quote along those lines?  By another dead rich white dude who supposedly founded this great nation?  Wasn’t it something about trading liberty for security?  An admittedly broad, easily misused quote that is nonetheless extremely relevant in certain contexts, such as in the realm of national security?  Some scurrilous mountebank named Ben, I think?  No matter.

Perhaps predictably, my colleague also abhorred Obamacare.  The fact that he is more afraid of being forced to ‘be healthy’ than he is of government abusing its monopoly on the legitimate use of violence is absolutely mindboggling; and demonstrates everything that is wrong with America at present: he is literally more afraid of being ‘balmed’ than he is of being bombed.  The silliness of this mantra is manifest on its face.

National security does not require obsessive secrecy.  National security is far better served by ceasing to play the part of “World Police,” and dismantling the absurdly unnecessary military presence that we have in virtually every part of the world.  To trust the government’s discretion to kill under a cloak of government secrecy, while abhorring a national healthcare policy whose most invidious schema of oppression is a comparatively insignificant fine, is cognitive dissonance at its most profound.  And quite frankly, it endangers us all.

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