from the bigdumbHoosier Archive - 11.17.2001

Endangering freedom

Americans are a uniquely patriotic people - and why not, we're blessed to live on what is undoubtedly the finest part of the best planet in the solar system. On this favored expanse of realty we've built an open, democratic and pluralist society from the ground up over two centuries. Since 1776 we've made progress the rule, not the exception. We've even found the courage to start to face up to the worst of our sins - racism, slavery, the abuse of native's rights. I'd like to believe that we're starting to re-examine the wastefulness of our life style and our sometimes overly aggressive way of dealing with the majority of the planet. We certainly have a long way to go in these problem areas, but we're free to discuss them. So there is reason to be hopeful, and we are a hopeful people.

Most of all, we love freedom. We don't always use it to the best advantage, but we know it's out there for the taking 'from sea to shining sea'. Freedom to mount your Harley and hit the open road, freedom to open your own restaurant and if it works start a hundred more, freedom to speak your mind even if it's filled with ignorant and bigoted things, artistic freedom that has opened new realms of expression from Miles Davis to Bill Monroe to Iggy Pop. Even when we opt to sit on the couch and stare vacantly into the TV screen, at least we know we could turn it off and go find a real-life adventure.

There's no denying that we, as a nation, are facing some new challenges. We need to be very careful about allowing the threats posed by the potential for terrorist attacks to justify fundamental changes in the ways of doing business in this, the world's oldest and most stable democracy. Some of the measures being promoted by the Bush administration as 'anti-terrorist' are dangerous precedents that impinge upon the freedom, openness and equality that have been the light in lady Liberty's torch for generations.

Most troubling to me is the trend toward ever greater governmental secrecy. The Bush administration has moved to restrict the public's access to information about toxic materials and other industrial hazards in their community, to allow spying on attorney client communications, to suppress access to Reagan administration documents that might prove embarrassing to some his current staff, and to authorize secret military trials of 'suspected terrorists'.

Meanwhile, we see the Bush administration move to bring almost all intelligence operations into the CIA. We hear that extensive military operations are being conducted by the CIA in Afghanistan, and we hear almost nothing about what the US is doing there. We know we're bombing. We know there are special operations forces on the ground. We've been told little about the cost of the operation, and have yet to receive any substantial reports on US casualties.

In fairness, the Bush administration is facing a terribly difficult situation, and some of these steps may be justified. For example the 'right to know' laws giving citizen access to information about potential industrial accident scenarios could also provide a virtual recipe for terrorist mischief. It seems reasonable that intelligence efforts are the best defense against terrorist activities in the US and therefore better coordination between intelligence agencies could be helpful, assuming there's really a problem with information sharing.

However, spying on attorney-client communications is totally unacceptable; even suggesting that it might be done will have such a chilling effect on attorney-client communications that a competent defense will be impossible. Using secret military tribunals for non-military defendants is unacceptable as well; where are the safeguards? There goes your right to effective legal representation, there goes your right to a jury of fellow citizens. You disappear in the middle of the night, and nobody hears from you again. That's not America, that Argentina during their 'dirty little war'. Think it can't happen to you because you're a decent law-abiding citizen? Go back and read The Crucible again.

If the government really believes that a particular attorney is a terrorist operative, that problem should be dealt with by proceedings to disqualify that attorney. Despite public opinion to the contrary, America has thousands of reputable attorneys. Police and firefighters protect public safety; lawyers stand guard on the constitution, and in protecting their client's secrets they know how to keep a secret too. No group is more committed to defending and protecting the constitution than criminal defense attorneys who represent the rights of the most unpopular of clients against the awesome power of government on a daily basis. Plenty of reputable red-blooded American defense attorneys are available to ensure the effective and zealous defense of accused terrorists without posing any security risk.

It makes sense to keep the details of US military operations secret, and there is no doubt that some press coverage in the past has been counter to the safety and welfare of our troops. But what is the justification for silence as to casualties - surely there have been some casualties. Even the best trained soldier might step on a land mine.

It's very difficult to imagine the tactical importance of this information, and equally difficult to believe that the military does not possess any information about casualties. The only purpose for suppressing it would seem to be as part of the domestic public relations effort. Are we citizens whose votes govern our destiny or children being told soothing bedtime stories? We all know that wars are about killing and trying to survive. It's sad, it's barbaric, it's cruel. It's war.

Meanwhile, the Bush administration presses for a breathtaking package of corporate welfare in lieu of economic stimulus. No doubt a nice percentage of the payments to the wealthy will come back to Republican coffers, but giving more money to the same people who've been over-compensating themselves for years won't help the economy. What might help would be a program to get people working on the new, low-oil, economy that we must embrace if we ever hope to escape the downward spiral of fuel-wars into which we've been spinning.

Now, more than ever, we need a full and open discussion of the future of America. We need to question corporate welfare, discuss exit strategies from the oil economy, talk about the future for workers in post-industrial America, and how to take out foreign threats without picking on foreign friends. The genius of America isn't in a few rich folks, it never has been. It's in the combined cleverness and ambition of the millions. Excluding the public from the truth is more than dangerous, it is like putting hobbles on a horse - he's not going to get away, but he's not going to win any races either.

What's a freedom loving citizen to do? Here's a few suggestions I've come up with:

- Instead of showing the flag, display a copy of the Bill of Rights. That's what really matters, folks.

- If you're a defense attorney asked to work while being monitored by the government, politely and respectfully decline. Ask your colleagues to do the same. I'd argue that anything you do while being monitored would constitute inadequate representation anyway, so why play the fool?

- write a letter to the editor of your favorite national news source asking for information on US casualties. Tell 'em 'it's okay, I'm over 18'.

- demand (if you can get anybody to listen) that a significant portion of any 'economic stimulus' package be aimed at achieving significant and lasting reductions in fossil fuel dependence.

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