‘What Rights Can We Seize?’

Thursday, May 20, 2010
By Paul Martin

New target of rights erosions: U.S. citizens

Glenn Greenwald
Salon.com

A primary reason Bush and Cheney succeeded in their radical erosion of core liberties is because they focused their assault on non-citizens with foreign-sounding names, casting the appearance that none of what they were doing would ever affect the average American. There were several exceptions to that tactic — the due-process-free imprisonment of Americans Yaser Hamdi and Jose Padilla, the abuse of the “material witness” statute to detain American Muslims, the eavesdropping on Americans’ communications without warrants — but the vast bulk of the abuses were aimed at non-citizens. That is now clearly changing.

The most recent liberty-abridging, Terrorism-justified controversies have focused on diluting the legal rights of American citizens (in part because the rights of non-citizens are largely gone already and there are none left to attack). A bipartisan group from Congress sponsors legislation to strip Americans of their citizenship based on Terrorism accusations. Barack Obama claims the right to assassinate Americans far from any battlefield and with no due process of any kind. The Obama administration begins covertly abandoning long-standing Miranda protections for American suspects by vastly expanding what had long been a very narrow “public safety” exception, and now Eric Holder explicitly advocates legislation to codify that erosion. John McCain and Joe Lieberman introduce legislation to bar all Terrorism suspects, including Americans arrested on U.S. soil, from being tried in civilian courts, and former Bush officials Bill Burck and Dana Perino — while noting (correctly) that Holder’s Miranda proposal constitutes a concession to the right-wing claim that Miranda is too restrictive — today demand that U.S. citizens accused of Terrorism and arrested on U.S. soil be treated as enemy combatants and thus denied even the most basic legal protections (including the right to be charged and have access to a lawyer).

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