Agitating For A Crackdown
by digby
I wrote yesterday about the re-emergence of the shrieking harpies as the Republicans go down to defeat. I was speaking specifically of the wingnut gasbags, but Robert Parry points out that it is more than rhetoric. They are agitating to criminalize dissent. He cites this column by Tony Blankley:
The upcoming, unprecedented generals’ “revolt” described by Mr. Holbrooke, if it is not against the law, certainly comes dangerously close to violating three articles of the Uniform Code of Military Justice:
Article 94 — Mutiny and sedition Text
(a) “Any person subject to this chapter who (1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.”Article 88 — Contempt toward officials Text…
Article 134 — General article[…]
Certainly, generals and admirals are traditionally given more leeway to publicly assess war policies than is given to those in lower ranks. But with that broader, though limited, discretion comes the responsibility not to be seen to in any way contradict the absolute rule of civilians over the military in our constitutional republic.
The president has his authority granted to him by the people in the election of 2004. Where exactly do the generals in “revolt” think their authority comes from?
Republicans truly seem to have the idea that when a president wins an election he becomes dictator (or a “decider” as some might call it) Keep in mind Blankley is talking here about officers who resign or retire and then speak out about the policy. He claims that if they did this en masse, by design, they would be guilty of mutiny and sedition and a whole bunch of other things. He’s desperately reaching for a legal way to stop these people from objecting to Bush’s policies, even after they are out o0f the military.
Meanwhile, Bill Bennett says that journalists should be in jail for reporting that the government is tapping the phones of would-be terrorists without a warrant. Parry rightly reminds everyone of what Alberto Gonzales himself said about that:
At a Senate Judiciary Committee hearing on Feb. 6, 2006, Sen. Joe Biden, D-Delaware, asked Gonzales, “How has this revelation damaged the program” since the administration’s attack on the disclosure “seems to presuppose that these very sophisticated al-Qaeda folks didn’t think we were intercepting their phone calls?”
Gonzales responded, “I think, based on my experience, it is true – you would assume that the enemy is presuming that we are engaged in some kind of surveillance. But if they’re not reminded about it all the time in the newspapers and in stories, they sometimes forget” – a response that drew laughter from the citizens in the hearing room.
I know that the wingnuts don’t want to admit that the illegal wiretapping story is not about national security but rather about a heretofore unknown executive authority to flush the fourth Amendment down the toilet whenever it chooses, but that’s the issue.
The revelation of the secret prisons that is causing the harpies to foam at the mouth this week-end is equally ridiculous:
As for the secret prisons, the fallout appears to be largely political, causing embarrassment for countries that collaborated in what appears to be a clear violation of international law by granting space for “black sites” where torture allegedly was practiced.
The most likely consequence is that the Bush administration will find it harder in the future to set up secret prisons outside the scrutiny of the International Red Cross, the United Nations and human rights organizations.
Certain allies who were bullied or cajoled into accepting our torture facilities were exposed. I would not be surprised to find out that they were relieved not to have to host our sickening little gulag. It’s certainly hard to imagine they were entirely thrilled to have been drawn into our quixotic adventure in spreadin’ freedom through torture by serving as our illegal prison hosts.
Parry concludes:
… what appears most keenly at stake in the escalating political rhetoric is the Bush administration’s determination to stop its political fall by branding its critics – even U.S. generals and CIA officers – as unpatriotic and then silencing them with threats of imprisonment.
Bush is trying to mark the boundaries of permissible political debate. He also wants total control of classified information so he can leak the information that helps him – as he did in summer 2003 to shore up his claims about Iraq’s WMD – while keeping a lid on secrets that might make him look bad.
The firing of CIA officer Mary McCarthy and the threats of criminal charges against various dissenters are just the latest skirmishes in the political war over who will decide what Americans get to see and hear.
The other signal to Bush’s critics, however, is this: If they ever thought he and his administration would accept accountability for their alleged abuses of power without a nasty fight, those critics are very mistaken.
This is why the Democrats need to be very tough and make it clear that they are serious about holding this administration accountable for what they’ve done. If they are not out front, visibly willing to get these generals’ and these whistleblowers’ backs, they are sending a signal that these folks are on their own while the harpies are circling. Democrats need to step up here.
In this very interesting article in the American prospect, Ruy Texeira and John Helpin offer this thesis: “Progressives need to fight for what they believe in — and put the common good at the center of a new progressive vision — as an essential strategy for political growth and majority building.” I don’t know about you, but I believe in the Bill of Rights. (I actually think it may be the single best thing the United States ever did.)
I know it’s unfashionable to talk about rights at this political moment and that we are supposed to pull together and submerge our individual needs for the common good. But I’ve got to say that I think without a robust defense of the Bill of Rights, there is no common good. They are what allow the minority to participate in the common good. They are what allow the people to be heard and the truth to be spoken so that we can even know what the common good is. They are what restrains government from using its awesome power to repress its citizens instead of using it to promote the common good. In my mind, if Democrats don’t stand for the Bill of Rights then they stand for nothing. It’s the foundation upon which everything else we do is built.
So, as we go into this election season and we see the shrieking harpies like Bill Bennett and Tony Blankley agitating for the government to repress dissent, I hope the party keeps in mind that while braying about national defense, Republicans are increasingly “standing” for a police state. If we don’t defend the constitution then who the hell will?
.