Defending People

the tao of criminal-defense trial lawyering

At What Point?

Now that Con­gress has repealed the Fifth Amend­ment, can you please join me in rec­og­niz­ing that this coun­try is on a rocket-sled to totalitarianism?

Some sen­a­tors think that indef­i­nite deten­tion with­out due process of Amer­i­cans arrested in Amer­ica was allowed before the pas­sage of the NDAA (and that’s just their inter­pre­ta­tion of the law that they allow us to know about).

Do you trust the gov­ern­ment with such power? You shouldn’t.

If you trust Obama not to abuse the dis­cre­tion to detain Amer­i­cans at home (“part of the bat­tle­field”) until the end of the End­less Global War on Ter­ror, you prob­a­bly don’t trust Perry or Gin­grich or Rom­ney. (If you trust all of them, your amyg­dala is dam­aged; if you trust none of them, you’re per­fectly healthy.)

Tyranny doesn’t always arrive on metal treads. Some­times it just grows qui­etly in place, unno­ticed until its ten­drils. The Ger­mans thought they were free.

You might think, it could never hap­pen here. Why? Once the leg­isla­tive branch has given the exec­u­tive branch the power, what’s to stop the exec­u­tive from using it?

We like to pre­tend that we’re bet­ter than that, that our form of gov­ern­ment makes us free, but our elected rep­re­sen­ta­tives have, by and large, done fuck all to pre­serve the very free­doms that made America.

We like to pre­tend that our free­dom to speak our minds makes us free, but that free­dom is under attack by the fed­eral gov­ern­ment.

We like to pre­tend that we, as Amer­i­cans, are some­how immune to tyranny—that we’ll rise up, Red Dawn style, to defeat those who would take away our free­dom. Horse­shit. We’re corn-fed con­sumers, eager to hand over our basic rights to those who promise to make us safe—what­ever it takes—as long as we are kept heav­ily fed and well-supplied with toys and can take that vaca­tion to Disneyland.

If you agree with my assessment—that the prog­no­sis for America’s free­dom is bleaker than it has ever been and is, thanks to the war with Eura­sia, get­ting bleaker every day—what are you doing about it now?

And if you won’t con­cede now that we have left free­dom behind, then when will you?

Do you pro­pose to wait until hear­ing the 3 a.m. boots on your own front steps, or only until your friends and neigh­bors start dis­ap­pear­ing in the mid­dle of the night?

And what do you think you are you going to do about it then?

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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3 Responses to “At What Point?”

  1. David Tarrell says:

    I think the best thing all of us can do is join and empower the Occupy protests. It’s too early to see what direc­tion these move­ments will take over the long term, but they seem to be at least some­thing to be hope­ful about in a time in which the can­di­date that cam­paigned on hope and change has instead placed a bipar­ti­san stamp on the excesses of the Bush Admin­is­tra­tion and earned the cheers of Cheney for con­tin­u­ing, and in some cases going beyond, the rad­i­cal tac­tics of their War on Ter­ror, which has become an attack on the Constitution.

    My fear, though, is that most peo­ple believe It Can’t Hap­pen Here even though the title of this book was meant face­tiously, and will thus con­tinue to believe this and sit back and watch as “first they came for the Com­mu­nists but I didn’t speak up for I was not a Com­mu­nist” plays out with var­i­ous groups.

    What’s truly scary is that in a time when we are told that Al Queda, the sup­posed source of these “tem­po­rary” mea­sures put in place over 10 years ago, has been defeated on var­i­ous fronts, we seem to have grown addicted to empow­er­ing our gov­ern­ment to pro­tect us and thus both par­ties, despite AQ’s defeat, are in favor of expand­ing the AUMF and grant­ing the Uni­tary Chief Exec­u­tive (a the­ory both par­ties now seem to endorse) even more power to label us as “ter­ror­ists” and imprison us indef­i­nitely, or even assas­si­nate us, with­out hav­ing to show a shred of evi­dence of this in Court.

    What’s even scarier, how­ever, is that so few peo­ple seem to care about the Con­sti­tu­tion itself any­more and seem con­tent with trad­ing their hard­fought free­doms for a lit­tle tem­po­rary secu­rity. While Ben Franklin’s state­ment that “Those who would trade lib­erty for secu­rity deserve nei­ther” used to sound like a warn­ing to me, describ­ing that the coun­try was turn­ing down a rad­i­cal path, it now seems more like a news­pa­per head­line describ­ing the apa­thy toward lib­erty that seems so rou­tine and bipar­ti­san today.

    But maybe the Occupy protests are an indi­ca­tion that peo­ple have been pushed too far. We’ll see, but it’s at least some­thing to keep an eye on in an era in which police/governmental power has rapidly expanded with­out much thought about how it could be used against us once it dawned on us that their freedoms,which we so quickly sac­ri­ficed, belong to us too, or at least used to.

  2. Mike Paar says:

    Most peo­ple here in the US believe the “Arab Spring” were upris­ings against tyranny, but accord­ing to sev­eral for­eign news sources they were in fact upris­ings by the poor against the rich and well-connected. As we’ve watched the Occupy Wall Street move­ment spread into almost every city in this coun­try, so it’s not a far-fetched idea that they could one day soon lead to an “Amer­i­can Spring”, which is pre­cisely why I believe politi­cians passed this legislation.

    The sta­tus quo real­izes that we’re a long, long way from eco­nomic sta­bil­ity and are prepar­ing for major civil unrest in the com­ing decade, and the lead­ers of the move­ments will sim­ply dis­ap­pear as they do in other coun­tries where the 5th amend­ment doesn’t exist. I think the gov­ern­ment under­stands that the real threat are us cit­i­zens, and not for­eign terrorists.

  3. Ralph William Shields says:

    Mark, thank you. You are right, and I truly hope each of your read­ers will also see and thought­fully con­sider the linked items embed­ded within your post.

    As you sug­gest the USA is indeed on a “rocket-sled” and we find our­selves — if we are awake, con­scious and hon­est — well down the seduc­tive slope toward full-blown total­i­tar­i­an­ism. The trend started long before 2001, but has espe­cially accel­er­ated since we first blithely accepted and embraced the use of lan­guage and asso­ci­ated ideation sur­round­ing the con­cepts of “home­land” and ‘secu­rity” while “duti­fully” falling prey to the many clever lies and manip­u­la­tions that fol­lowed and will con­tinue to emerge from the prac­tice of tying these together in offi­cial pro­pa­ganda, leg­is­la­tion, and exec­u­tive action.

    And we know how well this worked for oth­ers, else­where, not long ago. The imme­di­ate leg­is­la­tion (and fail­ure of the Udall amend­ment) which appears to have prompted your writ­ing today eerily reminds me of the some­what sim­i­lar 1933 “Law Against Dan­ger­ous Habit­ual Crim­i­nals” and the unspeak­able hor­rors that rapidly followed.

    Your read­ers may wish to check a time­line depict­ing some events from 1933, here:

    http://www.jewishvirtuallibrary.org/jsource/Holocaust/Chronology_1933.html

    As an advo­cate for peo­ple with brain injuries and var­i­ous phys­i­cal, sen­sory and men­tal dis­abil­i­ties over the last quar­ter cen­tury, I am also chilled by our gov­ern­ments’ gross fail­ure to prop­erly antic­i­pate or address the needs of so many of our wounded mil­i­tary mem­bers and vet­er­ans, and their fam­i­lies — too many of whom have already paid a ter­ri­ble price to (sup­pos­edly) pro­tect our cher­ished free­doms — and too, from read­ing the some­times hate­ful and always hurt­ful words and atti­tudes of many politi­cians and self-proud Amer­i­can “cit­i­zens” who are so will­ingly and gen­uinely anx­ious to cut/slash/eliminate pro­grams which barely suf­fice now to meet basic sur­vival needs of so many of our fel­low citizens.

    This cal­lous­ness scares me, much more than any sup­posed “ter­ror­ist” threat.

    Remem­ber who goes first?

    See: http://www.regent.edu/acad/schedu/uselesseaters/

    Yes, Mark, I too can hear the boots pound­ing ever louder. I try to remain opti­mistic and take some mea­sure of hope from the Occupy Move­ment — maybe we’re not too late? But I also remem­ber Kent State hap­pen­ing two weeks before my high school grad­u­a­tion, and that nobody will ever be pun­ished for those shame­ful mur­ders of unarmed students.

    One of my late Uncles was among US Army sol­diers who lib­er­ated one of the most noto­ri­ous of the “camps” in Ger­many. He never talked much about what he did, or saw. But I sin­cerely doubt that he, or many of the thou­sands of men and women who have died then and since to pro­tect our Con­sti­tu­tion would be proud of what hap­pened in Wash­ing­ton this week.

    Best regards ~ RWS

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