Friday, September 16, 2005
America Has Fallen to a Jacobin Coup
...Historians are quick to note that the Star Chamber was mild compared to Gitmo, to the U.S. practice of sending detainees abroad to be tortured, and to the justice (sic) regime being run by Attorney General "Torture" Gonzales and his predecessor, "Draped Justice" Ashcroft, who went so far as to say that opposition to the PATRIOT Act was itself the mark of a terrorist.
The time-honored attorney-client privilege is another casualty of the "war on terror." Taking their cue from the restrictions placed on lawyers representing Stalin's victims in the 1930s show trials, Justice (sic) Department officials seek to limit attorneys representing terrorist suspects to procedural niceties. Lynne Stewart, attorney for Omar Abdel Rahman, was handed a letter by a Justice (sic) Department prosecutor instructing her how to represent her client. When she did what every good lawyer would do and represented her client aggressively, she was arrested, indicted, and convicted.
Many conservative lawyers have turned a blind eye because Stewart is regarded as a left-wing lawyer whom they dislike. Only a few civil libertarians, such as Harvey Silverglate, have pointed out that prosecutors cannot create felonies by writing letters to attorneys. Stewart was convicted for violating a prosecutor's letter (technically, a Special Administrative Measure). This should make it obvious even to the blind that American democracy has lost all control over law.
Federal officials have sensed the sea change in American law: arbitrary actions and assertions by federal officials are taking the place of statutory legislation. We saw an example recently when the Federal Emergency Management Agency (FEMA) announced that news media covering the New Orleans hurricane story were prohibited from taking pictures of the bodies of inhabitants drowned when the levees failed. Nowhere is FEMA given authority to override the First Amendment. Yet, FEMA officials saw no reason not to issue its decree. Rome had one Caesar. America has them throughout the executive branch.
We see the same exercise of arbitrary authority in break-ins by police into New Orleans homes in order to confiscate legally owned firearms. No authority exists for these violations of the Second Amendment. No authority exists for the forceful removal of residents from non-damaged homes. Tyrannical precedents are being established by these fantastic abuses of government authority.
In the U.S. today nothing stands in the way of the arbitrary exercise of power by government. Federal courts have acquiesced in unconstitutional detention policies. There is no opposition party, and there is no media, merely huge conglomerates or collections of federal broadcasting licenses, the owners of which are afraid to displease the government....