Democracy Inaction, continued

Via Dave Winer: Olbermann on The beginning of the end of America.

Does this sound overblown? Maybe it is. But it bugs me.

The USA I love would treat all of its prisoners according to the Geneva Conventions. It would not pass acts which make it possible to abuse its own citizens.

Abraham Lincoln suspended the writ of habeas corpus during the Civil War. To some, that's a good precedent for suspending it now. But the U.S. Constitution says it can be suspended only in special circumstances.

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

-- Article One, section nine, U.S. Constitution

These circumstances held when Lincoln made his suspension. It's not at all clear that they hold now.

The current suspension is supposed to apply to non-citizens. But as Olbermann notes, that does not prevent its suspension for citizens, "by mistake."

"Oops, sorry! Your unfavorable article made us think you were an enemy combatant. We arrested you and beat you up by mistake. Please don't make a fuss about it; we wouldn't want to make the same mistake again."

[2006/10/24: Okay, that's specious. Trying to obscure abuse of power through intimidation is pretty common, not some unique consequence of the Military Commissions Act of 2006.]

"You Have the Body"

"The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action."

-- Harris v. Nelson, 394 U.S. 286, 290-91 (1969)

Habeas corpus makes it difficult to arrest people without cause. Here is one possible consequence of its suspension:

...'What was he arrested for?'... Most people, crazed by fear, asked this question just to give themselves a little hope; if others were arrested for some reason, then they wouldn't be arrested, because they hadn't done anything wrong...

This was why we had outlawed the question 'What was he arrested for?'

'What for?' Akhmatova would cry indignantly... 'What do you mean what for? It's time you understood that people are arrested for nothing!'

-- "Hope Against Hope" via "Gulag: A History"

That Could Never Happen Here

I don't believe our government could abuse this power for very long. It's hard to imagine that they could pull it off on a large scale. People would notice. Congress would investigate. Abusers would be punished.

But why give them the chance? They just might exceed our imaginations.

The U.S. has held citizens, without charge, for years at a time. It has prevented them from meeting with their lawyers. It has prevented them from hearing the evidence against them.

It has done these things only rarely. I would prefer that it never be allowed to do them at all.

---

Footnote

The story of Kurt Gödel's interview for U.S. citizenship used to be funnier.

...the judge continued, "Anyhow, it was under an evil dictatorship ... but fortunately, that's not possible in America." With the magic word dictatorship out of the bag, Gödel was not to be denied, crying out, "On the contrary, I know how that can happen. And I can prove it!"