Freedom itself was attacked this morning by a faceless
coward, said George W. Bush on September 11,
2001. And freedom will be defended.
President Obama apparently agrees that the U.S. governments
response to 9/11 has been to defend freedom. This past Memorial
Day he announced, From Gettysburg to Kandahar,
Americas sons and daughters have served with honor and
distinction, securing our liberties and laying a foundation for
lasting peace.
We might wonder which freedoms the U.S. government, under both
Bush and Obama, has defended since 9/11.
It doesnt appear to be the First Amendments freedoms
of speech and association. Otherwise it would be hard to explain
the National Security Letters that forbid their recipients from
telling anyone, even a lawyer or spouse, that the FBI is
monitoring them. It would be difficult to understand the Bush
administrations free speech zones that kept war
protesters far from presidential appearances, or U.S. spying on
peace activists under both administrations. It would be
perplexing that Obama would detain Bradley Manning for the crime
of releasing incriminating information about the U.S. warfare
state, or that his administrations officials would hint
that WikiLeakss project of exposing government wrongdoing
should be shut down.
Maybe the government has mostly been protecting Americans right to be
free from unreasonable searches and seizures. Then again, it
would be confusing that both Bush and Obama would stand by the
USA PATRIOT Act, which has eroded the Fourth Amendment, forced
businesses to spy on their customers and hand information over to
the Justice Department, loosened restrictions for wiretapping,
and empowered agents to conduct special searches without alerting
Americans right away that their property had been searched. It
would also be a mystery why both Bush and Obama have stood by the
National Security Administations power to spy on American
telecommunications without a warrant. Then there is the whole
question of the Transportation Security Administration, which
summarily searches American airline passengers, their luggage,
and their persons, forcing them to go through invasive pat-downs
and potentially dangerous irradiating porno-scanners.
Perhaps the freedom being defended is the long-celebrated right
to due process and habeas corpus for those detained by the
government. That would be hard to reconcile, however, with the
Bush administrations roundup of hundreds of innocent aliens
right after 9/11, the material witness doctrine that
allowed for indefinite detention without charge, or the
enemy combatant designation that, when pinned on
someone by the president, even on a U.S. citizen, means there
will be a total disregard for traditional due process. It would
certainly make a puzzle out of Guantanamo, where some detainees have
been determined innocent of all wrongdoing but are nevertheless kept
detained; and it would be hard to make sense of the military
commissions that deprive subjects of both the standard
protections of criminal suspects or those of prisoners of war.
The secret evidence used in many cases in the last ten years
certainly seems to be in tension with the right to confront
ones accuser and the evidence laid against one. And
Obamas very concept of prolonged detention and
his administrations fighting the courts on numerous habeas
corpus cases are a little bit of an enigma if indeed the right to
due process is what our leaders have in mind when theyre
waging these wars for our freedoms.
Maybe its the right not to be subject to cruel and unusual
punishment that Bush and Obama have been defending! Although that
would seem to be in conflict with the mistreatment of
whisteblower Bradley Manning, the abuse that continues at
Guantanamo, the waterboarding of Khalid Sheikh Mohammed, and the
psychological and sexual abuse that became a regular
interrogation practice throughout Iraq and other U.S.-controlled
areas at the height of the war on terror.
Other freedoms that havent seemed to be enhanced, much less
defended by the war on terrorism, include the right to travel,
financial freedom, the right to bear arms, and the right to a
fair civil proceeding against government agents who have violated
ones liberties. Economic freedom hasnt exactly blossomed
since 9/11. Come to think of it, most of the freedoms that have
been held as sacred for so long in this country arent
exactly easy targets for terrorists to undermine in the first
place; free speech, due process, privacy, and other such civil
liberties are much easier for governments to compromise than for
terrorists to take away.
But there is a class of people whose freedom has surely been
strengthened since 9/11, as a direct consequence of the wars
fought abroad. That would be people at the top of the executive
branch, and especially presidents themselves.
The right of the president to wage war unilaterally has been
defended against enemies, both foreign and domestic. The right of
the president to order torture and get away with it and to cover
up for those who perpetrated such acts of barbarism has been
secured. The freedom of the president to declare someone an enemy
of the United States, and thus be fit to be jailed without any
semblance of judicial oversight, or even be killed by a predator
drone strike, has been affirmed. The president is now at liberty
to spy on peoples communications without even the flimsy
standards adopted in the 1978 FISA guidelines.
In short, Bush was right that freedom would be defended after
9/11, and Obama is right to thank soldiers for fighting for
our freedom. The only confusion comes in thinking
these presidents were speaking on the behalf of the American
people, when in fact they were speaking only about the small
class of Americans known as U.S. presidents, and their freedom to
wage war, detain, torture, spy, and execute without restriction.
Anthony Gregory is a research analyst at the Independent Institute, a policy advisor for the Future of Freedom Foundation, and a columnist at LewRockwell.com. His website is AnthonyGregory.com. Send him email.
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