Showing posts with label libertarian. Show all posts
Showing posts with label libertarian. Show all posts

Friday, August 26, 2011

The Pseudo Conservative, Pseudo Libertarian Views of Glenn Beck and Ron Paul


Glenn Beck and Ron Paul and most of the other "small government dogma" types that push this "the government is the problem" swill like to pretend that they are "conservatives" or "libertarians".  But, they are really neither if you go by the more traditional, classic definitions of the terms.

The first tenet of original libertarianism, which has cross mojinated with modern "conservatism" at this point,is that the ONLY legitimate purpose of government is to protect the rights of the people. I wonder how you can protect people's rights without protecting their person or how you can abstractly separate rights from physical well being with regards to regulations, laws, government agencies or whatever, but somehow Beck and his followers think they make sense. They don't.  Conservatism also used to be about espousing the traditional, spiritual, community values and care for neighbors or the "least of these".  Somehow, conservatism has morphed into Ayn Rand's anti altruistic, pro business, pro corporate, anti government version of reality.  It makes no sense to me and it probably doesn't make sense to you if you are reading on this website.

Chaps like Glenn Beck and Ron Paul, et al, say they want to minimize government and that no one should expect the government to protect them. He asserted that since the government can't, won't or shouldn't protect us that we need to all keep guns around and be ready to get in line for a bucket brigade in case of catastrophe as if we live in Tombstone of the old west or something.

As Ken Brooker Langston points out in his article "Why I Am Not A Libertarian", its true that of all the political groupings out there, guys like Beck and his followers have the most grandiose rhetoric. They get to spout all that stuff about freedom vs. tyranny and use the quotes the founding fathers made about King George and so on...

It's also the perfect belief system for young, uneducated or fundamentalist people that see things in stark black and white and especially young males. You don't need knowledge or experience or details or nuances on complicated issues. All you need to "get it" is to buy in to essentially ONE BIG IDEA that supposedly resolves everything- that other than a minimalist military and court system that government and taxation is evil, that all you need is more gun rights, slight protection of life by the authorities, to enforce property rights and contracts and then the "free market" AKA Ayn Rand's magical, laissez faire economic principles will take care of everything else. How do I know this? Because for a few years as a college freshman and sophomore between 1982-84 I bought it and learned ALL the arguments before I grew up and figured out that the world doesn't work that way. It never has and never will no matter what you call it, reaganomics, trickle down economics, free market capitalism, whatever. It has been tried and it has a track record of success on par with hardcore socialism, it sucks.  Someone will say that the death toll from hardcore socialism is much higher... but you can only try to make a point like that if you decide not to count the mega- millions of laborers, Indigenous people, American Indians, Africans and so on that died and are still dying in the ongoing conquest of the West and the endless quest for the gold, coal, oil, timber, cotton and gemstones.

Beck and the rest of the pseudo-conservative/libertarian's view of political realities is a caricature, a simplistic right wing fantasy and it just can't work.

The truth is actually that we live in a society that is a hybrid of pure capitalism or socialism and it has been for a very long time... It works somewhat ugly when it "works" (depending on who and where you are) at all... It has boom and bust cycles and trends, but its about as good as we can expect to do at trying to manage a complex, pluralistic country in a complicated and jacked up world, especially when we've put corporations, materialism and consumerism and the profit motive at the very pinnacle of our value system.

As for me, I don't really care if the government is big or small so long as it is doing the right things and doing them as efficiently as possible and it does not impinge too much upon my personal life.  In this approach one does not need either "small government" or "more government" dogmas.

One day guys like Beck and the rest will be mere shadowy and unpleasant memories in a world that has left them behind... assuming we don't crash and burn the planet or Western "culture" first.  Some days I am more optimistic about the future than others.  After reading about Rick Perry's latest poll numbers, today is is one of the less optimistic days.

Sunday, March 21, 2010

A Biblical View of Social Justice

A Biblical View of Social Justice
Posted by John Wheaton | Sunday, November 2, 2008 | 7:45 pm CT

Christian Social Justice: “Life is Just not Fair!” by John Wheaton, J.D.

SOURCE: http://thechristianworldview.com/tcwblog/archives/741

Life is just not fair.

Is it fair that Tiger Woods makes millions for playing a game of leisure while the average person struggles to pay the bills working 50-60 hours a week? Even worse, is it fair that some people are born into extreme wealth and freedom while others must live and often die in dire poverty or under severe oppression? No, life is not fair; unfairness is inherent in the human condition. But life can and should be just. When human acts or omissions are at the heart of these inequities and suffering, then social injustices have occurred. Unfortunately, these injustices shame and scar our world every day. This begs the question: What should a Christian do about it?

In matters of social concern, the biblical Christian should know God’s heart well. God has a special interest in the welfare of those at the lowest end of the social ladder: widows, orphans, legal aliens, and others who are oppressed or disadvantaged in society (Jeremiah 7:5-7). Recognizing this, modern Christians must lead the world in striving for social justice by clearly 1) defining “social justice”, 2) determining key biblical principles of social justice, and 3) developing a strong position on state-sponsored social action especially as it relates to addressing the major social problems of the early 21st century.
What is Social Justice?
First, it is essential that Christians clearly define what social justice entails. On its face, the term has a positive connotation that conveys a seemingly strong sense of virtue and morality. Basing a claim on an appeal to “social justice” provides the claim holder with a degree of persuasive advantage – a kind of moral blessing on his or her political, theological, or social ideas (Nash 6). However, social justice involves much more than a superficial label or feelings of compassion. It must involve a clear understanding and delineation of each social problem, the root cause of the problem, and the best solution for the problem. In short, “Good justice requires good judgment” (8).

Generally, social justice has two key components:

1.social – “living together in communities or organized groups”, and
2.justice – “the upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law” (American Heritage Dictionary). Combining these two concepts, an apt, working definition might be, “Social justice exists when people get what they are due from their particular group or community.” Conversely, a social injustice occurs when people do not get what they deserve. This begs another important question: What do people deserve from their particular social group or society? Some say each person deserves an equal opportunity to work and acquire their society’s resources; others say each person deserves an equal share, or at least a basic share. As America’s founders recognized, people deserve from their society at least three basic inalienable rights specified in the Declaration of Independence: “life, liberty, and the pursuit of happiness.” While these rights are not directly protected by God – He even permits some people to be born into social conditions that threaten their life, liberty, and opportunities – it will be shown shortly that He expects human societies to uphold these rights and that He holds people accountable for failing to do so.
More specifically, social justice deals with three areas of social concern:

1.economic justice,
2.remedial justice, and
3.distributive justice. Economic justice involves a society’s rules and procedures for maintaining productive, efficient, and fair commercial markets. Remedial justice, similarly, involves just and fair rules and procedures pertaining to civil and criminal (legal) matters. Put in terms of the aforementioned operative definition, economic and remedial justice assure that every person is given fair and equal opportunity to access a society’s economic resources and its political and legal systems.
While economic and remedial justice systems focus on just procedures (i.e. due process), the third area, distributive justice, focuses on fair outcomes. It is concerned with relative fairness – that all people within a society actually possess a certain portion of that society’s “benefits and burdens” (Rawls 50). Put in terms of the aforementioned operative definition of social justice, every person deserves a certain fair share of society’s benefits and burdens. Even though all three forms of justice deal with social concerns, it is this last concept of distributive justice that is most often the central topic of debate surrounding social justice issues today – that is, how should a society be structured to assure a fair distribution of burdens and benefits among its citizens?

What are the Key Biblical Principles of Social Justice?
With a clear understanding of what “social justice” entails, the next essential step for the Christian is to determine what the Bible teaches about it. While the scriptures have plenty to say about justice, it is important to distinguish passages concerning the “outcome fairness” required by distributive justice from passages involving the “procedural fairness” required by a society’s economic or remedial justice systems. It is even more important to consider each “distributive” passage in context – to understand that some social action can be mandated and performed by the state while some is to be done lovingly and voluntarily by private groups (including churches) and individuals.

Proverbs 31:8-9 says, “Open your mouth, judge righteously, and defend the rights of the afflicted and needy.” This and many other biblical passages make it clear that every human being has a God-given, unalienable right to life and liberty in society, which includes the right to be free from oppression and affliction, whether at the hands of human or natural forces.

Conversely, every human being, especially society’s leaders, has a God-given moral duty to protect fellow human beings from social injustices whenever and wherever it is practical to do so (Prov. 3:27-28). The prophets Amos and Micah spent much of their ministries condemning leaders in Israel for failing to practice social justice. They stressed the “integral relationship between true spirituality and social ethics” (The New Open Bible 1003). Scores of other scriptural examples and passages abound on social action and justice.

The fundamental basis for pursuing social justice goes back to the fact that every human being is created in God’s image and thus has intrinsic value. Furthermore, Jesus makes it clear that God’s law can be summarized in two commandments: love God and love your neighbor (Luke 10:25-37). He explains further that “love thy neighbor” means helping people in need until they can become self-sufficient as illustrated by the so-called Parable of the Good Samaritan. In fact, all people have a moral duty to help other people who are disadvantaged in society. According to scripture, the church and the state play distinctive roles in addressing those needs.

On the one hand, the theocratic nation of Israel had a responsibility to practice distributive social justice in a statist sense as prescribed in the Mosaic Law (Old Covenant). Deuteronomy 15:1-11, for example, details how debts were to be forgiven every seventh year as one means of providing for the poor. This shows how Israeli society was expected to relieve the burden of debt on those who were unable to succeed in the marketplace of that day.

Another example of state sponsored distributive justice in Israel involved one form of tithing. Deuteronomy 14:28-29 states,

At the end of every third year you shall bring out all the tithe of your produce in that year, and shall deposit it in your town. The Levite, because he has no portion or inheritance among you, and the alien, the orphan and the widow who are in your town, shall come and eat and be satisfied, in order that the LORD your God may bless you in all the work of your hand which you do.

This tithe was in essence a welfare tax whereby Israeli citizens were to give the equivalent of 3.3% of their annual incomes to help the disadvantaged in society – those who could not meet their own needs through agrarian or commercial means.

Even gentile nations, it seems, were expected to practice some form of distributive justice. For instance, Israel was condemned for committing another kind of “sodomy”; specifically, failing to help the poor and needy. “Behold, this was the guilt of your sister Sodom: she and her daughters had arrogance, abundant food and careless ease, but she did not help the poor and needy” (Ezek.16:44-50).

On the other hand, the church and individual Christians under the New Covenant of grace have somewhat different obligations of distributing resources. Since New Testament times, Christians have operated under various forms of governments and economic systems. While the church and individual Christians must be in subjection to these governing social systems, and may be able to influence civic leaders to be more just and fair, their first priority is to practice the law of love directly on their fellow man. This means to give care to anyone in need, beginning first with one’s own family (1 Tim 5:8), then fellow believers (Gal. 6:10), and even to every human being (Gal 6:10; James 1:27-2:26; cf. Rom. 13:1-10). Sharing the love and good news of Jesus Christ can and should be a part of the Christian’s sharing ministry (Matt. 28:18-20; cf. Acts 3).

Early Christians, for example, demonstrated how a system of distribution could be set up to meet the needs of everyone within a local church community (Cf. Acts 2:43-45, Acts 5:1-11, Acts 6:1-6). This communal sharing was a voluntary method of meeting pressing needs within the church. Of course, this was a far cry from the politically driven socio-economic Marxism, communism, and socialism that exist in present times, all which grant citizens the right to possess a large share of society’s burdens but only a small (though equal) share of its benefits.

The Apostle Paul similarly demonstrated how voluntarily meeting the needs of Christians in other church communities was important (cf. Acts 11:29-30, Gal. 2:10, Rom. 15:25-27, 1 Cor. 16:1-4). In fact, unlike the tithe of Israel, Paul showed that Christian giving for needy brothers in Christ was to be generous, voluntary, equitable, cheerful, anonymous, and in the name of Jesus Christ. This giving out of love instead of obligation truly glorified God. (cf. 1 Cor. 16:2; 2 Cor. 8-9, Matt. 6:2-4, Col. 3:17, 1 Cor. 10:31). It is helpful here to reiterate that, under the New Covenant, Christian charity was to be voluntary, not coerced by the state or any other institution.

Finally, it should be noted that the early church used great care in discerning who should receive their social support. For example, a widow was to be put on a list for permanent, life-time support only if she met certain criteria. Paul sets these down clearly in I Timothy 5:3-6: she must be at least 60 years old, “left alone” without family or presumably any other means of support, a woman of prayer, married only once, and a reputation for good works, among other things. In contrast, Paul admonishes the Thessalonians to withhold their social care to those unwilling but able to work: “if anyone will not work, neither let him eat” (II Thess. 3:6-15).

All of these scriptural examples show how God is not as concerned with perfect equality or fairness as He is with the just treatment of those who are unable to support themselves in a local community and in society at large. In this sense, life really is meant to be just… not fair. On the one hand, able bodied people are expected to support themselves. Those unable to support themselves, depending upon the severity of their condition, are provided with social safety nets beginning first with the family, then the church, and lastly, as will next be shown, the state.

What Should be the Christian’s Position on State Sponsored Social Action?
It is evident that pursuing social justice is one of the highest moral responsibilities of the church and of the individual Christian. Recognizing that life can and should be just, though not necessarily fair, Christians should be at the forefront of the effort to pursue social justice through voluntary church and charitable social work. While it is important for every believer and church to practice private, voluntary acts of charity and social justice, it is also essential that every Christian develop sound convictions regarding social action by the state.

Christians should be at the forefront of encouraging state-sponsored, democratic and, what some would deem “conservative” social values. Not only the value of giving wealth and resources to aid the truly needy in society, but also, to name a few, the just and biblical values of protecting private property rights and ownership, maintaining a small but efficient governmental bureaucracy, encouraging a strong work ethic and a free market economy, defending the traditional family and the rights of the unborn and infirmed, promoting a strong national defense and a protective foreign policy that preserves our national interests while defending human rights, and promoting free speech and religious tolerance. [Though I would like to defend these conservative ideals as decidedly biblical and Constitutional, present time and space limitations do not permit me to do so here – perhaps in a future paper.]

Of course, Christians have little or no influence over state policy in most non-democratic societies. In such cases, unfortunately, the Christian has no choice but to quietly acquiesce to the governing authority – except in matters of conscience – or risk the loss of life, property, or the limited liberties he or she may have under the regime.

However, in a free and open society like the United States, Christians can and should influence social policy through their voting, being involved in party politics, forming public interest groups, serving in government, and participating in lawful demonstrations.

Many Christian pro-life groups, for example, are committed to using political means to end the abominable injustice of killing unborn children in America. In fact, immoral abortion laws will never be overturned in the U.S. without rigorous and legal political action being taken by a powerful coalition of Christian and other anti-abortion groups.

Some argue, however, that Christian individuals, advocacy groups, and churches are too involved in American politics. They say spreading the gospel, not gaining political power, should be the primary concern of the Christian and the church. Of course the gospel should be primary, and Christians must not seek to build a theocracy or wield their power and influence in a way that shames God or the gospel. But it is not an either-or proposition. Relinquishing governmental control to others so that Christians merely have “power under” as popular scholar and pastor Greg Boyd suggests, is altogether foolish and immoral (Goodstein, “Disowning Conservative Politics”). It imprudently puts Christians outside the gates of democratic power and influence – a place they have every right and responsibility to be, and a place where they can effectively protect the rights of their families and their fellow man, most notably, the poor and oppressed (cf. Prov. 31:8-9). As one parishioner asked rhetorically after hearing Pastor Boyd’s recent assertion that the church should step out of politics, “So why NOT us? If we contain the wisdom and grace and love and creativity of Jesus, why shouldn’t we be the ones involved in politics and setting laws?” (Goodstein, “Disowning Conservative Politics”). Another disgruntled parishioner exclaimed, “You can’t be a Christian and ignore actions that you feel are wrong. A case in point is the abortion issue. If the church were awake when abortion was passed in the 70’s, it wouldn’t have happened. But the church was asleep” (Goodstein, “Disowning Conservative Politics”).

The church and individual Christians in America must be citizens who are fully awake and aware, engaged in the political process at every level, raising their voices, their dollars, and their hands to elect candidates and support just lobbying efforts. Christians can also support state social action and policies where individual, church and charity actions fall short, such as using public money or manpower to rebuild infrastructure after a disaster like Katrina. Furthermore, Christians can also support state action, such as President George W. Bush’s Faith-Based and Community Initiatives, which directs public monies toward private church and charity programs. These programs can often do the work of helping people much more personally and effectively than the unwieldy bureaucracies of government.

One good example of how Christians are attempting to have God-honoring influence on the political process (even on two sides of the same social justice issue) is the Climate Change Initiative. In early 2006, a group of American evangelical leaders issued a statement calling on the U.S. government to join a large block of the world community in striving to end what they claimed was human-induced global warming (Climate Change). The initiative was based mainly on an appeal to social justice: “The consequences of global warming will… hit the poor the hardest, in part because those areas likely to be significantly affected first are in the poorest regions of the world” (Climate Change). Even more interesting (and laudable) are the opening words to their statement, which powerfully express their view concerning Christians having a voice in state social policy:

As American evangelical Christian leaders, we recognize both our opportunity and our responsibility to offer a biblically based moral witness that can help shape public policy in the most powerful nation on earth, and therefore contribute to the well-being of the entire world. Whether we will enter the public square and offer our witness there is no longer an open question. We are in that square, and we will not withdraw. (Climate Change)

Whether the evangelical signers of the Climate Change Initiative are correct in their assessment remains to be seen; the scientific community’s jury is still out on whether human activity really causes global warming. This is precisely why another group of evangelical leaders decided to join the political debate on the issue and declined to sign the statement based, no less, on a separate social justice claim.

E. Calvin Beisner, associate professor of historical theology at Knox Theological Seminary… said ‘the science is not settled’ on whether global warming was actually a problem or even that human beings were causing it. And he said that the solutions advocated by global warming opponents would only cause the cost of energy to rise, with the burden falling most heavily on the poor. (Goodstein, “Evangelical Leaders”)

This example, and many more, illustrates how every Christian – whatever his or her political stripes – can and should influence state policy regarding life-giving social action.

This example also aptly illustrates how Christians must exercise careful discernment when considering the problem, root cause, and best solution for any social concern. Christians should be very careful not to jump on a bandwagon of questionable validity. Not every social action is necessarily good and positive even if it springs from sincere and good intentions. Some examples of seemingly helpful actions – distributing condoms in Africa, clean needles to drug addicts, or incremental welfare to unwed mothers – may address immediate or surface problems, but over time, they can lead to much worse social problems. It has been widely shown that distributing condoms, clean needles, and incremental child welfare only perpetuate the social problems those state distribution programs are attempting to alleviate. Christians have a duty to offer prudent and wise solutions.

“… [G]ood and just results are the ultimate test. Sound and logical principles must be at the heart of our feelings and acts of compassion, or we risk making bad situations worse” (Nash 2). We also risk shaming the good name of Jesus Christ if we offer solutions, such as those just listed, that are illogical, impractical, and just plain ridiculous.

A word of caution about socialism (democratic or otherwise) is in order here. Should Christians advocate a state political and economic system that to some extent redistributes wealth in order to bring about equality and lift up the poor? This temptation to use the state as a collectivist Robin Hood that steals from the rich and gives to the poor must be avoided at all costs. In fact, socialism, in any form, only hurts the poor in the end. Doug Bandow of the Cato Institute clearly addresses the dangers of socialism in his paper, “Capitalism and Christianity: an Uneasy Partnership”:

In the 20th century, capitalism proved superior for meeting human needs than socialism. Yet many Christians, rightly concerned about the poor, blame capitalism for the world’s ills…. While some government safety nets may be in order, government redistribution of wealth is usually a disincentive for production, lowering economic production and exacerbating social problems. Equal opportunity to succeed in a free society is what is required. Christian men and women can help people in poverty by ensuring they get the education required to prosper and that they are not kept in poverty through the unjust action of others. (Capitalism and Christianity 39)

Bandow’s article concludes,

Is capitalism Christian? No. It neither advances human virtures (sic) nor corrects ingrained personal vices; it merely reflects them. But socialism and its weaker statist cousins exacerbate the worst of men’s flaws. By divorcing effort from reward, stirring up covetousness and envy, and destroying the freedom that is the necessary precondition for virtue, socialism tears at the just social fabric that Christians should seek to establish. A Christian must still work hard to shed even a little light into a capitalistic society. But his task is likely to be much harder in a collectivist system. (55)

Conclusion
In regard to social justice, Christians must have a clear intellectual grasp of what social justice entails and the biblical principles that guide the Christian in his or her support of individual, church, and state social action. Christians also have a duty to wisely apply those sound principles to the major social problems of the early part of the 21st century. How individual believers and the church at large address these issues will impact many lives and bring great glory (or shame) to the name and gospel of Jesus Christ. It is of course axiomatic that any social action be motivated and implemented in a spirit of true Christian justice, grace and love.

In the final analysis, recognizing that life can and should be just, though not always fair, Christians can take the lead in church and charitable work and in advocating the careful application of state sponsored social action. Only Christians can offer the disadvantaged (both in the church and society) true love and spiritual healing, and, ultimately, only Christians can give God the glory in the process. By doing so they thus “fulfill the law of Christ” (Gal. 6:2, 10).

Works Cited
American Heritage Dictionary Online. www.bartleby.com. No pag.
Bandow, Doug. “Capitalism and Christianity: An Uneasy Partnership”. EBSCO Publishing: International Journal on Peace. September 3, 2002, Vol. XIX No. 3.
Climate Change: An Evangelical Call to Action. May 28, 2006. www.christiansandclimate.org/statement. No pag.
Faith-Based and Community Initiatives. The White House of President George W. Bush, August 7, 2006. http://www.whitehouse.gov/government/fbci/. No pag.
Goodstein, Laurie. “Disowning Conservative Politics Is Costly for Pastor”, The New York Times, July 30, 2006.
Goodstein, Laurie. “Evangelical Leaders Join Global Warming Initiative, The New York Times Online, February 8, 2006 www.nytimes.com/2006/02/08/national/08warm.html.
Nash, Ronald H. Social Justice and the Christian Church. (1st edition) Lima, Ohio: Academic Renewal Press, 2002.
The New Open Bible. New American Standard Version. Nashville: Thomas Nelson Publishers, 1990.
Rawls, John. Justice as Fairness: A Restatement. (1st edition) Cambridge, Mass: Belknap Press, 2001.

Saturday, March 06, 2010

Despite recent demagoguery, Non-Citizens also have Constitutional Rights



 * Civil Liberties & Human Rights

SENATOR SUSAN COLLINS SPREADS CENTRAL MYTH ABOUT THE CONSTITUTION
By Glenn Greenwald

Salon.com
February 1, 2010
http://www.salon.com/news/opinion/glenn_greenwald/2010/02/01/collins/ind…

Over the weekend, Sen. Susan Collins released a five-minute video (http://www.youtube.com/watch?v=u8j9lwTmiSA) in which she sounded as though she were possessed by the angriest, most unhinged version of Dick Cheney. Collins recklessly accused the Obama administration of putting us all in serious danger by failing to wage War against the Terrorists.

Most of what she said was just standard right-wing boilerplate, but there was one claim in particular that deserves serious attention, as it has become one of the most pervasive myths in our political discourse: namely, that the U.S. Constitution protects only American citizens, and not any dreaded foreigners. Focusing on the DOJ’s decision to charge the alleged attempted Christmas Day bomber with crimes, Mirandize him, and provide him with counsel, Collins railed: “Once afforded the protection our Constitution guarantees American citizens, this foreign terrorist ‘lawyered up’ and stopped talking”

This notion that the protections of the Bill of Rights specifically and the Constitution generally apply only to the Government’s treatment of American citizens is blatantly, undeniably false — for multiple reasons — yet this myth is growing, as a result of being centrally featured in “War on Terror” propaganda.

First, the U.S. Supreme Court, in 2008, issued a highly publicized opinion, in *Boumediene v. Bush*, which, by itself, makes clear how false is the claim that the Constitution applies only to Americans. The Boumediene Court held that it was unconstitutional for the Military Commissions Act to deny habeas corpus rights to Guantanamo detainees, none of whom was an American citizen (indeed, the detainees were all foreign nationals outside of the U.S.). If the Constitution applied only to U.S. citizens, that decision would obviously be impossible. What’s more, although the decision was 5-4, none of the 9 Justices — and, indeed, not even the Bush administration — argued that the Constitution applies only to American citizens. That is such an inane, false, discredited proposition that no responsible person would ever make that claim.

What divided the Boumediene Court was the question of whether foreigners held by the U.S. military outside of the U.S.(as opposed to inside the U.S.) enjoy Constitutional protections. They debated how Guantanamo should be viewed in that regard (as foreign soil or something else). But not even the 4 dissenting judges believed — as Susan Collins and other claim — that Constitutional rights only extend to Americans. To the contrary, Justice Scalia, in his scathing dissent, approvingly quoted Justice Jackson in conceding that foreigners detained inside the U.S. are protected by the Constitution (emphasis added): “Justice Jackson then elaborated on the historical scope of the writ: ‘The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and ascending scale of rights as he increases his identity with our society … . But, in extending constitutional protections beyond the citizenry, the Court has been at pains to point out that it was the alien’s presence within its territorial jurisdiction that gave the Judiciary power to act.’ Id., at 770–771.”

That’s from Scalia, and all the dissenting judges joined in that opinion. It is indisputable, well-settled Constitutional law that the Constitution restricts the actions of the Government with respect to both American citizens and foreigners. It’s not even within the realm of mainstream legal debate to deny that. Abdulmutallab was detained inside the U.S. Not even the Bush DOJ — not even Antonin Scalia — believe that the Constitution only applies to American citizens. Indeed, the whole reason why Guantanamo was created was that Bush officials wanted to claim that the Constitution is inapplicable to foreigners held outside the U.S.— not even the Bush administration would claim that the Constitution is inapplicable to foreigners generally.

The principle that the Constitution applies not only to Americans, but also to foreigners, was hardly invented by the Court in 2008. To the contrary, the Supreme Court — all the way back in 1886 — explicitly held this to be the case, when, in *Yick Wo v. Hopkins*, it overturned the criminal conviction of a Chinese citizen living in California on the ground that the law in question violated his Fourteenth Amendment rights to due process and equal protection. In so doing, the Court explicitly rejected what Susan Collins and many others claim about the Constitution. Just read what the Court said back then, as it should settle this matter forever (emphasis added):

“The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens and subjects of the emperor of China… . The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws… . The questions we have to consider and decide in these cases, therefore, are to be treated as involving the rights of every citizen of the United States equally with those of the strangers and aliens who now invoke the jurisdiction of the court.”

Could that possibly be any clearer? Over 100 years ago, the Supreme Court explicitly said that the rights of the Constitution extend to citizens and foreigners alike. The Court has repeatedly applied that principle over and over. Only extreme ignorance or a true desire to deceive would lead someone like Susan Collins to claim that such rights are “protection[s] our Constitution guarantees American citizens.”

Second, basic common sense by itself should prevent people like Susan Collins from claiming the Constitution applies only to American citizens. There are millions of foreign nationals inside the U.S. at all times — not only illegally but also legally: as tourists, students, workers, Green Card holders, etc. Is there anyone who really believes that the Bill of Rights doesn’t apply to them? If a foreign national is arrested and accused by the U.S. Government of committing a crime, does anyone believe they can be sentenced to prison without a jury trial, denied the right to face their accusers, have their property seized without due process, be subjected to cruel and unusual punishment, and be denied access to counsel?

Anyone who claims that the Constitution only protects American citizens, but not foreigners, would necessarily have to claim that the U.S. Government could do all of that to foreign nationals. Does anyone believe that? Would it be Constitutionally permissible to own foreigners as slaves on the ground that the protections of the Constitution — including the Thirteenth Amendment — apply only to Americans, not foreigners?

Third, to see how false this notion is that the Constitution only applies to U.S. citizens, one needs to do nothing more than read the Bill of Rights. It says nothing about “citizens.” To the contrary, many of the provisions are simply restrictions on what the Government is permitted to do (“Congress shall make no law respecting an establishment of religion … or abridging the freedom of speech”; “No soldier shall, in time of peace be quartered in any house, without the consent of the owner”). And where rights are expressly vested, they are pointedly not vested in “citizens,” but rather in “persons” or “the accused” (“No person shall … . be deprived of life, liberty, or property, without due process of law”; “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed … . and to have the assistance of counsel for his defense”).

The only way to argue that these rights apply only to Americans is to argue that only Americans, but not foreigners, are “persons.” Once one makes that claim, then one is in Dred Scott territory. If foreigners are not “persons,” then what are they: sub-persons? Non-persons? *Untermenschen*?

There are, of course, certain Constitutional rights that are clearly reserved only for citizens — such as the right to vote or to hold elective office — but when that is the case, the Constitution explicitly states that to be so (“The right of citizens of the United States to vote shall not be denied or abridged by the United States … .”). Indeed, the Fourteenth Amendment, in the very same clause, demonstrates the distinction between “citizens” (which only includes “Americans”) and “persons” (which includes everyone), and proves that the former is merely a subset of the latter: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Article II, Section 1 — in defining eligibility to be President — makes the same distinction: “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President.”

“Persons” and “citizens” have entirely different meanings in the Constitution. There are a handful of instances in which the Constitution applies only to American citizens. When that is the case, the Constitution explicitly uses the word “citizens.” In all other instances, it simply restricts what the Government is permitted to do generally or uses the much broader term “persons” to describe who holds the rights it guarantees. That’s the obvious point the *Yick Wo* Court made in 1886 in holding “these provisions are universal in their application, to all persons within the territorial jurisdiction,” and it ought to prevent the most minimally honest individuals among us from claiming otherwise, as Susan Collins just did.

It’s certainly true that, even after Boumediene, there is a viable debate over whether so-called alien “enemy combatants” held outside of the U.S. are entitled to the full panoply of Constitutional protections (of course, that debate ignores the unanswerable question: how do you know someone is an “enemy combatant” — let alone a “Terrorist” — if they don’t first have a trial?). There are also instances (such as deportation hearings) where the due process rights to which foreign nationals are entitled are less stringent than standard rights guaranteed in criminal trials (because foreign nationals have no Constitutional right to be admitted entrance to the U.S.).

But this right-wing demagoguery (coming from both Republicans and some Democrats) has nothing to do with those debates. For one thing, the accused Christmas Day bomber was captured and is being held inside the U.S.(right-wing fear-mongers have long argued that we should not bring GITMO detainees to the U.S. because, once inside the U.S., they would then enjoy full Constitutional protections). But more important, the standard rhetorical formulation being used — “extending rights to foreign Terrorists which the Constitution reserves for U.S. citizens” — suggests that Constitutional rights are for American citizens only. That is blatantly false, and anyone making that claim — as Susan Collins and so many others have — is either extremely ignorant or extremely dishonest.

Sunday, October 26, 2008

Michael Scheuer: Obama and McCain Are Both Clueless On Terrorism


Michael Scheuer - "Both front-runner Candidates need to tell the
American people the truth about what motivates terrorism against
America."

From Wikipedia, the free encyclopedia

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Michael F. Scheuer is a former CIA employee. In his 22-year career, he served as the Chief of the Bin Laden Issue Station (aka "Alec Station"), from 1996 to 1999, the Osama bin Laden tracking unit at the Counterterrorist Center. He then worked again as Special Advisor to the Chief of the bin Laden unit from September 2001 to November 2004.

Scheuer resigned in 2004. He is currently a news analyst for CBS News and a terrorism analyst for The Jamestown Foundation's online publication Global Terrorism Analysis.[1] He also makes radio and television appearances and teaches a graduate-level course on Al-Qaeda at Georgetown University. He also participates in conferences on terrorism and national security issues, such as the New America Foundation's December 2004 conference, "Al Qaeda 2.0: Transnational Terrorism After 9/11." [3]

Scheuer is now known to be the anonymous author of both Imperial Hubris: Why the West is Losing the War on Terror and the earlier anonymous work, Through Our Enemies' Eyes: Osama bin Laden, Radical Islam, and the Future of America.[2]

Osama bin Laden stated in his September 7, 2007 message:

"If you want to understand what's going on and if you would like to get to know some of the reasons for your losing the war against us, then read the book of Michael Scheuer." [4][5]

Scheuer's latest book, Marching Toward Hell: America and Islam After Iraq was released on February 12, 2008.

Not much is known about his personal history, though Scheuer was an analyst at the CIA and not a covert field operations officer. During a recent C-SPAN interview, he mentioned that he is a graduate of Canisius College. He also received a Ph.D. in British Empire-U.S.-Canada-U.K. relations from the University of Manitoba.[3] Scheuer a 1974 graduate from Canisius university master’s degrees from Niagara University (1976) and Carleton University (1981).[4]

In the 9/11 Commission Report, Scheuer is featured in Chapter 4, where his name is given only as "Mike". He is portrayed as being occasionally frustrated with his superiors' failure to aggressively target bin Laden.


From Wikipedia, the free encyclopedia

Jump to: navigation, search

Michael F. Scheuer is a former CIA employee. In his 22-year career, he served as the Chief of the Bin Laden Issue Station (aka "Alec Station"), from 1996 to 1999, the Osama bin Laden tracking unit at the Counterterrorist Center. He then worked again as Special Advisor to the Chief of the bin Laden unit from September 2001 to November 2004.

Scheuer resigned in 2004. He is currently a news analyst for CBS News and a terrorism analyst for The Jamestown Foundation's online publication Global Terrorism Analysis.[1] He also makes radio and television appearances and teaches a graduate-level course on Al-Qaeda at Georgetown University. He also participates in conferences on terrorism and national security issues, such as the New America Foundation's December 2004 conference, "Al Qaeda 2.0: Transnational Terrorism After 9/11." [3]

Scheuer is now known to be the anonymous author of both Imperial Hubris: Why the West is Losing the War on Terror and the earlier anonymous work, Through Our Enemies' Eyes: Osama bin Laden, Radical Islam, and the Future of America.[2]

Osama bin Laden stated in his September 7, 2007 message:

"If you want to understand what's going on and if you would like to get to know some of the reasons for your losing the war against us, then read the book of Michael Scheuer." [4][5]

Scheuer's latest book, Marching Toward Hell: America and Islam After Iraq was released on February 12, 2008.

Not much is known about his personal history, though Scheuer was an analyst at the CIA and not a covert field operations officer. During a recent C-SPAN interview, he mentioned that he is a graduate of Canisius College. He also received a Ph.D. in British Empire-U.S.-Canada-U.K. relations from the University of Manitoba.[3] Scheuer a 1974 graduate from Canisius university master’s degrees from Niagara University (1976) and Carleton University (1981).[4]

In the 9/11 Commission Report, Scheuer is featured in Chapter 4, where his name is given only as "Mike". He is portrayed as being occasionally frustrated with his superiors' failure to aggressively target bin Laden.


Israel and the Lobby

Michael Scheuer entered into the controversy surrounding the Mearsheimer and Walt paper on the "Israel Lobby". He said to NPR that Mearsheimer and Walt are basically right. Israel, according to Scheuer, has engaged in one of the most successful campaigns to influence public opinion in the United States ever conducted by a foreign government. Scheuer said to NPR that "They [Mearsheimer and Walt] should be credited for the courage they have had to actually present a paper on the subject. I hope they move on and do the Saudi lobby, which is probably more dangerous to the United States than the Israeli lobby."[6]

In February, 2005, Scheuer gave an interview in which he discussed, among other things, Israeli lobbying in the United States.[7] In the interview, the following exchange took place:

"QUESTIONER: I'm curious — Gary Rosen from Commentary magazine. If you could just elaborate a little bit on the clandestine ways in which Israel and presumably Jews have managed to so control debate over this fundamental foreign policy question.
SCHEUER: Well, the clandestine aspect is that, clearly, the ability to influence the Congress — that's a clandestine activity, a covert activity. You know to some extent, the idea that the Holocaust Museum here in our country is another great ability to somehow make people feel guilty about being the people who did the most to try to end the Holocaust. I find — I just find the whole debate in the United States unbearably restricted with the inability to factually discuss what goes on between our two countries."

Ron Paul

In the Republican Presidential Debate on May 15, 2007, presidential candidate Ron Paul stated that American foreign policy was a "contributing factor" in anti-Americanism in the Middle East. Rudy Giuliani denounced this as "absurd" and that he'd never heard such a thing before. In an interview on May 18, Michael Scheuer defended Paul, stating: "I thought Mr. Paul captured it the other night exactly correctly. This war is dangerous to America because it's based, not on gender equality, as Mr. Giuliani suggested, or any other kind of freedom, but simply because of what we do in the Islamic World – because "we're over there," basically, as Mr. Paul said in the debate."[10]

On May 24, 2007, Ron Paul and Scheuer held a press conference at the National Press Club in Washington, D.C. about the causes that led up to 9/11, American foreign policy and its implications on terrorism, security and Iraq.[11] Paul and Scheuer argued that Rudy Giuliani is wrong on security and foreign policy and provided documentation about the unintended consequences of interventionism - known to many in the intelligence world as blowback - and assigned Giuliani a reading list of foreign policy books, including Dying to Win, Blowback, Imperial Hubris and the 9/11 Commission Report.[12]

On Larry King Live, September 7, 2007, Scheuer alluded to the Fox News Republican Debate of September 5, 2007, where a Fox News moderator accused Ron Paul of taking "marching orders" from Al Qaeda. Scheuer said, "The truth of the matter is that it is all of the Democrats and the Republicans, except perhaps for Mr. Paul and Mr. Kucinich, who are marching to Osama Bin Laden's drum." Larry King Live Transcript

[edit] Iraq and al-Qaeda

Thomas Joscelyn of Weekly Standard wrote a highly critical piece on Scheuer and an interview Scheuer did on Chris Matthews Hardball. [11] Joscelyn wrote:

"When Michael Scheuer, the first head of the CIA's bin Laden unit, first emerged into public view almost a year ago, it was a curiosity how he could appear in the media--time after time--claiming that there was no evidence of a relationship between Saddam Hussein's Iraq and al Qaeda. It was curious because, in 2002, Scheuer wrote the book Through Our Enemies' Eyes, in which he cited numerous pieces of evidence showing that there was, in fact, a working relationship between Saddam and al Qaeda. That evidence directly contradicted his criticism of the intelligence that led this nation into the Iraq war, which he called a 'Christmas present' for bin Laden."

Scheuer wrote about the relationship between Saddam Hussein and al-Qaeda in his 2002 book (see above, 2002). Yet when interviewed in 2004 he stated that he had found no evidence of a Saddam/al-Qaeda connection. Tim Russert asked Scheuer to explain the seeming contradiction on Meet the Press (30 November 2004):

MR. SCHEUER: I certainly saw a link when I was writing the books in terms of the open-source literature, unclassified literature, but I had nothing to do with Iraq during my professional career until the run-up to the war. What I was talking about on "Hardball" was, I was assigned the duty of going back about nine or 10 years in the classified archives of the CIA. I went through roughly 19,000 documents, probably totaling 50,000 to 60,000 pages, and within that corpus of material, there was absolutely no connection in the terms of a--in the terms of a relationship.
MR. RUSSERT: But your [2002] book did point out some contacts?
MR. SCHEUER: Certainly it was available in the open-source material, yes, sir.[12]

Scheuer explains more fully in the revised edition of his 2002 book the exhaustive study of the evidence of Iraq-al-Qaeda cooperation that eventually led him to the conclusion that there was no relationship between the two forces:

For a number of reasons, I was available to perform the review of Agency files on Iraq and al Qaeda, and the chief of the bin Laden unit handed me the assignment. I was delighted with the task, eager to begin, and sure that my research would support the analysis I had presented in Through Our Enemies' Eyes. For about four weeks in late 2002 and early 2003, I and several others were engaged full time in searching CIA files -- seven days a week, often far more than eight hours a day. At the end of the effort, we had gone back ten years in the files and had reviewed nearly twenty thousand documents that amounted to well over fifty thousand pages of materials. I was both pleased and embarrassed by the results of the research. I was pleased because CIA's position was reaffirmed and the analysis of Mr. Feith's unit was discredited. There was no information that remotely supported the analysis that claimed there was a strong working relationship between Iraq and al Qaeda. I was embarrassed because this reality invalidated the analysis I had presented on the subject in my book.[13]

Bibliography

[edit] Books

[edit] Articles

[edit] External links

[edit] Other

Wikiquote has a collection of quotations related to:

[edit] Notes and references

  1. ^ Global Terrorism Analysis.
  2. ^ The authorship of these books is now widely known, and advertised as such. See [1] Council on Foreign Relations, Transcript of Interview Winning or Losing? An Inside Look at the War on Terror by Nicholas Lemann Dean of the Columbia University Graduate School of Journalism, February 3, 2005. Also see: The Phoenix
  3. ^ Georgetown Bio
  4. ^ Canisius school News Story
  5. ^ Foreign Policy: Seven Questions: Fixing U.S. Intelligence - May 16, 2006 (free registration needed to view the article)
  6. ^ Paper on Israel Lobby Sparks Heated Debate, Deborah Amos, National Public Radio, April 21, 2006
  7. ^ Council on Foreign Relations,[2], February 3, 2005
  8. ^ Michael F. Scheuer, "Bill and Dick, Osama and Sandy," Washington Times (5 July 2006).
  9. ^ "Transcript: Counterterror Experts Debate Clinton Claims on 'FNS'", Fox News (October 1, 2006).
  10. ^ Antiwar.com Blog · Michael Scheuer
  11. ^ Venue: National Press Club - Upcoming
  12. ^ Reuters: N24342743.htm U.S. candidate Paul assigns reading to Giuliani. May 24, 2007.
  13. ^ Michael Scheuer, Through Our Enemies' Eyes (revised edition). Washington, DC: Potomac Books, 2006) p. 136.

The War on Voting


Using the Department of Justice, friendly governors, and its usual propaganda outlets, the GOP has propagated the myth of voter fraud to purge the rolls of non-Republicans.

One week before the close of voter registration in Kentucky last fall, in an election that culminated with the victory of Democratic gubernatorial candidate Steve Beshear, Johanna Sharrard, a fresh-faced 26-year-old national organizer for the low-income advocacy group ACORN, gathered her canvassers in a run-down Louisville office and told them some good news: "We got 396 people yesterday -- that's really great!" Then she added what could have seemed a jarringly discordant note: "We know it's getting harder to reach people with the cards in this area. It's really important that you guys are not slipping up and turning to filling out your own applications or other fraudulent activity. Just yesterday we had to let another person go because she did not follow protocols." Sharrard continued sternly, "What's important is that we get 15,000 new voters. We're not out there to get 10,000 new voters and 5,000 false applications."
Indeed, the voter registration waged by ACORN (the Association of Community Organizations for Reform Now) in Kentucky was also an effort to test the group's new system for rooting out any fraud. The organization is readying itself for the challenges to voter participation that the poor and minorities -- and Democrats -- are sure to face in 2008.
Sharrard's cautionary tone was a response to the Republican Party's ongoing nationwide campaign to suppress the low-income minority vote by propagating the myth of voter fraud. Using various tactics -- including media smears, bogus lawsuits, restrictive new voting laws and policies, and flimsy prosecutions -- Republican operatives, election officials, and the GOP-controlled Justice Department have limited voting access and gone after voter-registration groups such as ACORN. Which should come as no surprise: In building support for initiatives raising the minimum wage and kindred ballot measures, ACORN has registered, in partnership with Project Vote, 1.6 million largely Democratic-leaning voters since 2004. All told, non-profit groups registered over three million new voters in 2004, about the same time that Republican and Justice Department efforts to publicize ?voter fraud? and limit voting access became more widespread. And attacking ACORN has been a central element of a systematic GOP disenfranchisement agenda to undermine Democratic prospects before each Election Day.
Revelations that U.S. attorneys were fired for their failure to successfully prosecute voter fraud have revealed how fictitious the allegations of widespread fraud actually were -- but the allegations haven't gone away. They live on in all the vote-suppressing laws and regulations that will likely affect this year's election, in GOP rhetoric and, most recently, in the arguments presented by champions of Indiana's restrictive voter-identification law in a case currently before the U.S. Supreme Court.
Unfortunately, progressives have tended to pay more attention to Election Day dirty tricks and to electronic voting machines than to a more systemic threat: the Republican campaign to suppress the votes of low-income, young, and minority voters through restrictive legislation and rulings, all based on the mythic specter of voter fraud. Those relatively transient voters, drawn to the polls this year by the Obama and Clinton campaigns, could find themselves thwarted in November and thereafter by the GOP-driven regime of voting restrictions -- particularly if, as many observers believe, the Court upholds Indiana's restrictive law before it adjourns this June.
Voter fraud is actually less likely to occur than lightning striking a person, according to data compiled by New York University's Brennan Center for Justice. As Lorraine Minnite, a Columbia University professor, observed in the Project Vote report, The Politics of Voter Fraud, "The claim that voter fraud threatens the integrity of American elections is itself a fraud." In October 2002, then-Attorney General John Ashcroft launched an intensive "Ballot Access and Voting Integrity Initiative" that required all U.S. attorney offices to coordinate with local officials in combating voter fraud. Yet even after the Justice Department declared the war against voter fraud a "high priority," only 24 people were convicted of illegal voting in federal elections between 2002 and 2005 -- and nobody was even charged by Justice with impersonating another voter. (The Justice Department declined to answer questions about more recent fraud prosecutions.) And despite the anti-immigrant frenzy fueling photo-ID laws, only 14 noncitizens were convicted of illegally voting in federal elections from 2002 through 2005 -- mostly because of their ignorance of election law.
Unfortunately, the public hasn't heard just how nonexistent the voter fraud epidemic actually is. While progressives have successfully challenged some of the most restrictive laws in court, they're still playing catch-up when it comes to combating the glib sound bites of voter-fraud alarmists. Republicans and the Bush Justice Department have cloaked their schemes under such noble-sounding concepts as "ballot integrity." The GOP's vote-suppression playbook features everything from phony lawsuits to questionable investigations to authoritative-seeming reports, all with the aim of promoting restrictive laws. These tactics were first perfected in the hotly contested swing state of Missouri.
The roots of John Ashcroft's passion on this issue go back to the chaos of Election Day 2000 in St. Louis, when hundreds, if not thousands, of mostly inner-city voters were turned away from polling places because their names were not on voting rolls. The resulting last-minute court battle kept some polling places open for 45 minutes after their scheduled closing time of 7 P.M. Ashcroft, then the Republican U.S. Senate nominee, lost his race to the dead Democratic governor, Mel Carnahan, whose name stayed on the ballot weeks after he died in a plane crash. At an election-night party, an infuriated Republican Sen. Kit Bond pounded the podium and screamed, "This is an outrage!" -- and subsequently charged that Republican losses were due in part to dogs and dead people voting. As one local government official observed, "In St. Louis, 'dogs and dead people' is code for black people [voting fraudulently]."
That election night gave birth to the new right-wing voter-fraud movement, while Missouri became a proving ground for the vote-suppression campaigns that later spread to other key states. Missouri's then-Secretary of State Matt Blunt, now governor, launched a trumped-up investigation that concluded that more than 1,000 fraudulent ballots had been cast in an organized scheme. A Justice Department Civil Rights Division investigation, started before Ashcroft shifted the department's priorities, found no fraudulent ballots, however. Instead, it discovered that the St. Louis election board had improperly purged 50,000 voters from the rolls.
Nonetheless, the template for smear campaigns, groundless lawsuits, and politicized prosecutions used across the country had been set in Missouri. Key roles were played by many of the same GOP zealots who later made their mark on the national drive to fight voter fraud, among them St. Louis attorney Thor Hearne, the 2004 Bush-Cheney campaign election counsel who later launched the GOP front group, the American Center for Voting Rights (ACVR). And as early as 2002, the executive director of the Missouri Republican Party pioneered a new dirty trick: publicly "filing" with the Federal Election Commission a 26-page complaint against the state's leading registration group, known as Pro Vote, that charged it with secretly conspiring with Democrats in the Senate race -- but then failing to sign the document so the agency never considered it.
The goal of such complaints and allegations was to create a barrage of negative publicity about voter-registration groups and the voter-fraud menace that could pave the way for restrictive laws. In Missouri, the Republicans' cries for a new state photo-ID law began in 2002, before the GOP blitz in most other states. The legislature passed such a bill in early 2006, before it was struck down that September by a Missouri state court as unconstitutional.
The GOP in Missouri also turned to prosecutions and lawsuits, most either overblown or groundless. In November 2005, Bradley Schlozman, then the Justice Department's acting civil-rights chief, insisted on filing a lawsuit that accused Missouri's secretary of state, Robin Carnahan, a Democrat, of failing to purge supposedly ineligible voters under federal law. (U.S. Attorney Todd Graves was forced out in March 2006 for having balked at filing the suit.) A federal judge, who found that the Justice Department did not produce any evidence showing fraud justifying the purges, dismissed the lawsuit in April 2007. The department continues to appeal the ruling.
The fraud-obsessed Schlozman was then moved into Graves' old post without Senate confirmation, through a loophole in the Patriot Act. In an apparent effort to discredit both Democrats and ACORN, just five days before the tight Senate election in 2006 between incumbent Republican Jim Talent and Democrat Claire McCaskill, Schlozman announced, in violation of the department's own standards, the indictment of four former ACORN workers who had been fired by ACORN for filling out false voter-registration forms. The indictments were part of a broader effort to tilt the campaign against Democrats by bashing ACORN and limiting voter access. St. Louis' Republican election director, Scott Leiendecker, sent out a chilling letter shortly before the election to 5,000 mostly African Americans registered by ACORN, asking them to verify to the election board that they were eligible to vote. Leiendecker backed off after he faced the threat of a voting-rights lawsuit and received a warning letter from Secretary of State Carnahan.
***
What began in Missouri soon went nationwide. Starting in 2003, the Justice Department's civil-rights division issued a flurry of advisory letters, rulings, and lawsuits under the guise of fighting fraud that appear designed to disenfranchise hundreds of thousands of voters. Federal and state courts have struck down some of the laws shaped by policies promoted by the Justice Department, such as strict database-matching laws limiting new voters in Washington state and Florida. Even so, Justice Department-backed secretive purging policies have targeted voter-registration applicants and current voters in several key states: In Ohio in 2006, 303,000 voters were purged in three major urban counties, while the Brennan Center reported that Pennsylvania's rigid database rules, later loosened, had excluded up to 30 percent of eligible registrants. Karl Rove aide Tim Griffin played a major role in state GOP voter "caging" operations (that is, challenging the eligibility of registered voters) in such states as Ohio and Florida. These schemes, Project Vote reports, challenged the right of 77,000 mostly minority voters to cast ballots between 2004 and 2006, under the pretext that non-forwardable letters sent by GOP activists to their addresses were returned as undelivered. Thor Hearne's now-vanished ACVR lobbied for strict voter-ID laws in nine states, according to McClatchy and other news organizations. Voter-ID laws in states such as Georgia, Arizona, and Indiana have, for now, been allowed to stand.
All these campaigns have created a kind of GOP vote-suppression playbook that aims to limit voting rights in the states and attack registration groups such as ACORN. In most states where ACORN wages ballot-initiative and voter-registration campaigns, Republican lawyers, officials, and some prosecutors routinely file dubious lawsuits and complaints to generate bad press for the voter-registration drives. The lawsuits seldom if ever succeed, but the bad press they engender creates a climate to pass restrictive voting laws.
In New Mexico by the summer of 2004, ACORN's effort to register voters in advance of the closely fought presidential election was a stunning success: The organization registered 35,000 voters, mostly in the Albuquerque area. "Republicans were freaking out," recalls John Boyd, an attorney for the state Democratic Party. Republicans accused ACORN of "manufacturing voters," conflating error-plagued cards with fraud while trumpeting one registration card filled out in the name of a 13-year-old boy. The boy's card became the centerpiece of the lawsuit Rep. Joe Thompson, an Albuquerque Republican, filed in August 2004 demanding that the state government require photo ID for voters registered by ACORN and other nonprofits. The lawsuit claimed that the Republican plaintiffs' votes were "diluted" by supposedly false registrations.
Their case fell apart in court, and by September, a judge dismissed the lawsuit. But Republicans were not deterred by their loss in civil court and pressed for a criminal investigation, a probe which U.S. Attorney for New Mexico David Iglesias started on the same day that the court ruled against the GOP. Iglesias was a true believer in the menace of voter fraud. As one of just two U.S. attorneys in the nation to form such task forces, he was invited to lecture other U.S. attorneys in 2005 as part of the annual Justice Department ballot-integrity conference.
Iglesias' efforts weren't enough for Patrick Rogers, the Republican National Lawyers Association point person in the state, who mounted a campaign to pressure Iglesias to bring criminal charges before the election, rather than form a task force. Indeed, even before Iglesias concluded in 2006 that there wasn't enough evidence to indict on voter fraud, major Republicans in the state had started asking the Bush administration for his removal. In early December 2006, Iglesias was one of seven U.S. attorneys whom the Justice Department fired.
Today, Iglesias says of voter fraud: "It's like the boogeymen parents use to scare their children. It's very frightening, and it doesn't exist. U.S. attorneys have better things to do with their time than chasing voter-fraud phantoms."
But the damage of chasing phantoms proved more substantial. In 2005, the state legislature, with the blessing of its Democratic governor, Bill Richardson, passed legislation that essentially crippled the ability of groups like ACORN to do mass voter registration. In 2006, ACORN had only 10 certified canvassers in the whole state, and registration plunged to 2,000 new applicants from 35,000 two years before, according to ACORN's top New Mexico organizer, Matt Henderson.
In Florida in 2004, ACORN's initiative to raise the state's minimum wage looked to be cruising to victory (it won with 71 percent of the vote), and brought in over 200,000 newly registered voters. That led business lobbies and the GOP to find a poster boy for fraud in a fired ACORN employee and ex-con named Mac Stuart, who spun elaborate tales of ACORN squirreling away hundreds of GOP voter applications it gathered but did not turn over to election officials. Republican attorneys filed two lawsuits featuring Stuart's claims. After the election, Stuart ultimately conceded that he made false statements about ACORN. In December 2005, federal judges dismissed both lawsuits.
But in the same month, the legislature passed one of the most restrictive voting-registration laws in the country. The new law fined every registration worker $5,000 for any lost application, potentially wiping out the entire budget of the state League of Women Voters if just 14 forms were lost and forcing the group to stop registering voters for the first time in over 70 years. It was not until August 2006 that a federal judge blocked enforcement of the law. However, a slightly revised version passed last year.
Responding to the GOP-generated hysteria over voter fraud, criminal investigations were launched in 2004 and 2005 in Wisconsin, Colorado, Florida, and Ohio, with ACORN often a target. But by the end of 2005, the investigations ended after finding either no evidence of wrongdoing by ACORN or any pervasive voter fraud. Nationally, only six former ACORN employees were charged with registration fraud or other election-related crimes in the 2004 election, offenses involving fewer than 20 forms. That's out of 1 million new voters registered by ACORN during that cycle.
Yet Thor Hearne, among others, took advantage of these assorted investigations and news accounts about fraud to create the fictional appearance of an epidemic, then added some fabrications of his own. Perhaps the wildest ACVR whopper -- seized on by The Wall Street Journal as late as November 2006 -- was the charge that ACORN and an affiliated group were under criminal investigation for "paying crack cocaine for fraudulent registration forms." Actually, the tale originated with the arrest of a Toledo-area man who may have received drugs while working for another volunteer for a now-defunct organization, not ACORN. Without substantiation, ACVR identified Democratic-leaning cities as hotspots for fraud. They were generally the same locations where U.S. attorneys later faced pressure over prosecutions, including Seattle, St. Louis, and Milwaukee. (The one exception to overblown investigations targeting ACORN was the indictment last year by a local Seattle prosecutor, welcomed by ACORN, of seven rogue ex-employees who had fabricated nearly 2,000 registration forms.)
The hyped reports, indictments, and hearings had their intended effect after the 2004 elections. Nearly 30 states considered bills to require photo ID or proof of citizenship to register or vote. While most of these measures haven't yet passed, those that have can be severe: An Arizona law requiring proof of citizenship to register has disenfranchised up to 60 percent of applicants in some counties.
Over the past few years, what began as local phony lawsuits and investigations escalated into a concerted drive by the Civil Rights Division to restrict voting. Since 2004, the goal of the state GOP vote-caging initiatives has become official Justice Department policy. The department has also promoted the equivalent of caging by pressuring 16 states and cities to speed up their purging of hundreds of thousands of voters through letters and lawsuits, as first reported by Alternet.
Alarmingly, the insubstantiality of the claims of pervasive voter fraud may not deter the U.S. Supreme Court from upholding Indiana's restrictive voter-ID law -- which, according to a new University of Washington study, could disenfranchise the more than 20 percent of the state's African American voters who lack the ID required by Indiana's law. Amazingly, Indiana has admitted that there hasn't been a single alleged case of in-person voter fraud in the state's history. Instead, Indiana's attorneys and legal allies, including the federal government, have submitted virtually nothing but unverified newspaper clippings and right-wing claims about fraud allegations in other states.
Indeed, the Supreme Court, in a little-noticed comment in an earlier ruling on Arizona's ID law, has already granted government the leeway to enact laws denying the vote based merely on fears of fraud, regardless of evidence. But outside of the world of voting experts, little attention has been paid to the lack of evidence in the federal court rulings leading up to the Indiana case. As Wendy Weiser of the Brennan Center observes, "The way this case has been decided so far [in lower courts] is that a state doesn't have to justify measures to suppress the vote."
The Supreme Court is expected to issue its Indiana ruling in the next few months, and it's considered unlikely that the Court will strike down the law.
***
These days, weakened by the publicity over the U.S. attorneys scandal, the savvier voter-fraud propagandists are shifting their now-discredited arguments about massive voting by illegal immigrants to yet another "menace": "double voting." Republicans and some newspapers point to lists of the same names in different states to claim there has been large-scale double voting. Yet such sweeping double-voting claims are almost always due to administrative errors and the statistical probability that people with the same name and birth date will show up in large pools of voters.
Regardless of the facts, the drive for new voter-ID restrictions will likely be strengthened in the wake of the upcoming Supreme Court decision. There's little sign that progressives or Democrats are going to launch what the Brennan Center's Deborah Goldberg has called the "huge public education effort" needed to raise awareness about the problems with voter-ID laws. Democrats seemingly haven't yet grasped the political importance of fighting these restrictive policies, though they could prove a major impediment to minority voting (and if minorities voted at the same rate as whites, there would be 7.5 million more voters on Election Day).
But Johanna Sharrard and other ACORN leaders aren't going to be deterred by Republican obstacles and smears as they gear up for new registration drives this year that could be their most successful yet. Sharrard's campaign in Kentucky last year brought in over 14,000 new voters, a state record. And after seeing all the attacks against ACORN in Missouri and elsewhere, she realizes, "It's a good motivator; it showed us that that things we were doing are important." It's an open question, though, whether progressives will realize that it's worth fighting to make sure that the voters ACORN is trying to reach will actually have their votes count.
Research assistance for this article was provided bvy the Investigative Fund of the Nation Institute.












Art Levine is a contributing editor of U.S. News and World Report and of The Washington Monthly and has written for The New Republic, The Atlantic Monthly, and many other publications.


By Liza Porteus Viana
Oct 17th 2008 5:52PM

Barack Obama's campaign fought back hard today against the ongoing accusations that the Illinois senator is connected to voter fraud.

Obama general counsel Robert Bauer wrote to Attorney General Michael Mukasey, asking that a special prosecutor look into what role, if any, Justice Department and White House officials have had in supporting the McCain-Palin campaign and the Republican National Committee's "systematic development and dissemination of unsupported, spurious allegations of vote fraud."

The Republican White House ticket has been hammering Obama on his connection to ACORN, a voter-registration group being investigated by the FBI for voter fraud.

The special prosecutor on the case is Nora Dannehy, the same one investigating the removal of U.S. attorneys by the Bush administration.

Obama's camp says the same exact type of improper behavior that led to the firing of some of those U.S. attorneys several years ago - removals based on "improper political factors, including to affect the way they handled certain voter fraud or public corruption investigations and prosecutions" in 2006 - is being acted out now by Republican Party officials around the country.

"It has become clear, in these remaining weeks of the Presidential campaign, that 'the fact and law require' the Special Prosecutor's urgent attention to recent partisan Republican activities throughout the country," Bauer writes. "These activities seek both to suppress the vote and to unduly influence investigations and prosecutions through baseless allegations of vote fraud - exactly as in the 2006 election cycle."

Some of those activities cited included GOP claims of "fraud" by John McCain and Sarah Palin surrounding ACORN, and Republican lawmakers calling on the DOJ to launch an investigation into "these manufactured allegations of 'fraud'" involving ACORN. Bauer said those McCain-Pain surrogates who have sent such letters include: Sens. George Voinovich of Ohio, John Cornyn of Texas, and Reps. Roy Blunt of Missouri and Paul Ryan of Wisconsin.

"Of course, the timing of the opening of this investigation and leaking of this information is damning, 19 days before the general election - and less than 24 hours after the Republican Presidential nominee announced the advent of fraud so pervasive that it threatened the very 'fabric of democracy,'" Bauer writes.

But the McCain-Palin attack against ACORN marches on.

Palin today said Obama hasn't been forthcoming about his ties to the Association of Community Activists for Reform Now, even though Obama has said he doesn't have any significant links to the group.

"You deserve to know," Palin told thousands surrounding her stage in a suburban community park in Ohio. "This group needs to learn that you here in Ohio won't let them turn the Buckeye State into the Acorn State."

In a press call today, Bauer said ACORN is not "an agent of this campaign, they did not perform registration services for this campaign."

McCain-Palin campaign manager Rick Davis told reporters Friday that he sent a letter to Obama campaign manager David Plouffe, encouraging them to join a group called "The Honest and Open Election Committee" organized by the McCain campaign.

"We've gotten little to no response back from the Obama campaign on this issue," Davis said, adding that you can't just "blow off" these allegations as a "cynical ploy to reduce voter turnout," "like David Plouffe did."

The ACORN allegations are "not anything less than disturbing," Davis added.

To add to the ACORN debacle, AP reports that the group has another nasty issue on its agenda when its board of directors meets in New Orleans this weekend: missing money.

ACORN leaders are locked in a legal dispute stemming from allegations that the brother of the group's founder misappropriated nearly $1 million of the nonprofit's money several years ago. The embezzlement case has spawned a lawsuit and set off a power struggle inside ACORN.

Bertha Lewis, ACORN's interim chief organizer, called the lawsuit "a distraction from us marshaling our forces to deal with the Republican right-wing attacks" over ACORN's voter registration.



This all came on the heels of the High court rejecting the GOP in Ohio voting dispute.
Republicans had won an order that the state do more to check eligibility but were overturned by the USSC.


Iglesias: "I'm Astounded" By DOJ's ACORN Probe

David Iglesias says he's shocked by the news, leaked today to the Associated Press, that the FBI is pursuing a voter-fraud investigation into ACORN just weeks before the election.
"I'm astounded that this issue is being trotted out again," Iglesias told TPMmuckraker. "Based on what I saw in 2004 and 2006, it's a scare tactic." In 2006, Iglesias was fired as U.S. attorney thanks partly to his reluctance to pursue voter-fraud cases as aggressively as DOJ wanted -- one of several U.S. attorneys fired for inappropriate political reasons, according to a recently released report by DOJ's Office of the Inspector General.
Iglesias, who has been the most outspoken of the fired U.S. attorneys, went on to say that the FBI's investigation seemed designed to inappropriately create a "boogeyman" out of voter fraud.
And he added that it "stands to reason" that the investigation was launched in response to GOP complaints. In recent weeks, national Republican figures -- including John McCain at last night's debate -- have sought to make an issue out of ACORN's voter-registration activities.
As we noted earlier, last year, Sen. Dianne Feinstein publicly highlighted changes made to DOJ's election crimes manual, which lowered the bar for voter-fraud prosecutions, and made it easier to bring vote-fraud cases close to the election.
Speaking today to TPMmuckraker, Iglesias called such changes "extremely problematic."
The way in which the news was revealed today -- Associated Press sourced its report to two "senior law enforcement officials" who "spoke on condition of anonymity because Justice Department regulations forbid discussing ongoing investigations particularly so close to an election" -- is also raising eyebrows.
Both Iglesias and Bud Cummins -- another of the U.S. attorneys who, according to the IG report, was also fired for political reasons -- told TPMmuckraker that DOJ guidelines do allow US attorneys to speak publicly about an investigation, even before bringing an indictment, if it's to allay public concern over an issue.
But that certainly wouldn't cover anonymous leaks. "If you can't say it with your name on it, it's fair to say you should not be saying it," Cummins told TPMmuckraker.
Earlier this afternoon, House Judiciary Chair John Conyers (D-MI) released a letter he sent to Attorney General Michael Mukasey and FBI director Robert Mueller, which connected today's news to the U.S. attorney firings, and to recent GOP efforts to stoke fears over voter fraud.