Legislating Tyranny By Paul Craig Roberts and Lawrence M. Stratton

[Echo In Light]

Legislating Tyranny
By Paul Craig Roberts and Lawrence M. Stratton

07/06/08 "Lew Rockwell" -- The George W. Bush administration responded to the 9/11 attack on the World Trade Center and Pentagon with an assault on U.S. civil liberty that Bush justified in the name of the “war on terror.” The government assured us that the draconian measures apply only to “terrorists.” The word terrorist, however, was not defined. The government claimed the discretionary power to decide who is a terrorist without having to present evidence or charges in a court of law.

Frankly, the Bush administration’s policy evades any notion of procedural due process of law. Administration assurances that harsh treatment is reserved only for terrorists is meaningless when the threshold process for determining who is and who is not a terrorist depends on executive discretion that is not subject to review. Substantive rights are useless without the procedural rights to enforce them.

Terrorist legislation and executive assertions created a basis upon which federal authorities claimed they were free to suspend suspects’ civil liberties in order to defend Americans from terrorism. Only after civil liberties groups and federal courts challenged some of the unconstitutional laws and procedures did realization spread that the Bush administration’s assault on the Bill of Rights is a greater threat to Americans than are terrorists.

The alacrity with which Congress accepted the initial assault from the administration is frightening. In 2001, the USA PATRIOT Act passed by a vote of 98 to 1 in the Senate and by 357 to 66 in the House. The act was already written and waiting on the shelf before the 9/11 attack. Indeed, the FBI and Department of Justice have tried for years to introduce PATRIOT Act provisions into the law. That act was introduced immediately after the attacks, and few members of Congress read its contents prior to passing it.

Federal courts declared some provisions of the legislation to be unconstitutional. Vague language criminalizing “expert advice or assistance” as material support for terrorism was thrown out, as were gag orders and “National Security Letters” used to obtain private information without judicial oversight. Despite challenges from the American Civil Liberties Union and resolutions passed in 8 states and 396 cities and counties condemning the act for its attack on civil liberties, Congress reauthorized the act in March 2006, making most of it permanent and sending a clear signal that the “war on terror” takes precedence over civil liberty.

The PATRIOT Act’s infringements of civil liberty are serious, but they pale by comparison to the Bush administration’s assertion of executive power to set aside habeas corpus protection for both citizens and noncitizens declared by the executive branch to be “enemy combatants.” The Bush administration claimed and exercised the power to hold indefinitely anyone so designated without access to legal representation. In other words, the Bush administration claimed the discretionary and unaccountable power to imprison whomever it wished.

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