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Fwd: The Star Chamber Is Back

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> W

> Tue, 17 Aug 2004 18:07:04 EDT

> The Star Chamber Is Back

>

> http://www.antiwar.com/roberts/?articleid=3314

>

>

>

> August 17, 2004

> The Star Chamber Is Back

> by Paul Craig Roberts

>

> Are George Bush and Tony Blair building democracy in

> the Middle East or

> police states at home?

>

> There is no sign of democracy in Iraq. Bush has

> installed a puppet government

> backed up by U.S. military force. America's

> hamhanded occupation has resulted

> in large civilian casualties, prison tortures and a

> breakdown in public

> order.

>

> Domestic police states, however, are in evidence in

> the U.S. and UK.

>

> During the cold war, Western freedoms were favorably

> compared to the Soviet

> national identity card, which increased secret

> police efficiency.

>

> Today, UK Home Secretary David Blunkett says

> Englishmen are to be issued with

> national identity cards. This prompted UK

> Information Commissioner Richard

> Thomas to remark that the UK is " sleepwalking into a

> surveillance society. "

>

> In the U.S. there are plans for identity cards

> complete with retina scans and

> DNA information.

>

> The biggest threat to freedom, however, is the

> full-scale assault on what

> 18th century English jurist William Blackstone

> called " the Rights of Englishmen "

> and Americans know as civil liberties.

>

> President George Bush and his Attorney General, John

> Ashcroft, have

> resurrected the " Star Chamber, " made infamous by the

> Stuart kings in the 17th century

> for arbitrary, secret proceedings with no right of

> appeal.

>

> Today, American citizens can be arrested and held in

> secret indefinitely

> without being charged.

>

> The Bush administration has sacrificed the Bill of

> Rights to its " war on

> terror. " As Elaine Cassel conclusively demonstrates

> in her forthcoming book, The

> War on Civil Liberties (Lawrence Hill Books), the

> " war on terror " is in truth a

> war on the first, fourth, fifth, sixth, and eighth

> amendments to the

> Constitution.

>

> Cassel shows that Bush and Ashcroft have mobilized

> patriotism against the

> Constitution.

>

> The coup, Cassel writes, " came when some staffer

> dreamed up the acronym USA

> PATRIOT (United and Strengthening America by

> Providing Appropriate Tools

> Required to Intercept and Obstruct Terrorism) Act

> for a law that makes a mockery of

> constitutional protections. To be against the

> PATRIOT Act makes one

> unpatriotic. "

>

> The PATRIOT Act defines terrorism so broadly that

> any act of protest or civil

> disobedience can be construed as " terrorism, " a

> charge for which the

> government can hold a person indefinitely. Thus, the

> PATRIOT Act permits punishment

> without conviction.

>

> If you think you still live in a free society,

> consider:

>

> The PATRIOT Act overturns the attorney-client

> privilege, and attorneys who

> aggressively defend their clients can be indicted

> for " aiding and abetting

> terrorism. "

>

> Internet service providers who move to quash

> government surveillance of their

> customers can be charged with " obstructing justice. "

>

>

> Parents who object to airport security personnel

> dragging away a frightened

> child to be searched can be arrested for

> " obstructing a federal law enforcement

> officer. "

>

> According to Cassel, regulations have been issued

> that permit federal

> prosecutors to override federal judges – a gross

> breach of the separation of powers

> and a classic tool of 20th century police states.

>

> Indeed, Cassel herself might be subject to arrest

> " for aiding and abetting

> terrorists. " Here is what Ashcroft told the Senate

> Judiciary Committee: " To

> those who scare peace-loving people with phantoms of

> lost liberty, my message is

> this: your tactics only aid terrorists for they

> erode our national unity and

> diminish our resolve. "

>

> Cassel dryly notes that September 11 was caused by

> intelligence failures, not

> by civil liberties. Yet, the government's response

> was to attack civil

> liberties.

>

> All of the police state measures were waiting on the

> shelf. September 11 was

> an excuse to grab unconstitutional power – just as

> the Reichstag fire was for

> Hitler.

>

> Cassel says the fate of our free society rests with

> the judiciary. In her

> chapter, " The War in the Courts, " she assesses

> whether courts are up to the

> challenge. Some are and some are not. Ironically, it

> is the conservative Republican

> judges who go along with the police state measures.

> So much for the old saw

> that we need a Republican president to save us from

> liberal judges.

>

> At the time Cassel's book went to press, the Supreme

> Court had yet to rule

> whether the government can indefinitely hold a

> person without charging him and

> bringing him to trial.

>

> After the Padilla and Hamdi decisions, Cassel

> concludes that the Court did

> not consent to being read out of the picture, but

> did nothing effective to

> defend civil liberties. Civil libertarian Harvey

> Silverglate concurs.

>

> Where do matters stand? We are all in Abu Ghraib

> now. If the government

> declares you " an enemy combatant " or a " material

> witness " you have no rights. The

> government can hold you forever without charges or

> until you admit to some

> offense in order to escape from isolation and from

> psychological and perhaps

> physical torture.

>

> I would rather take my chances with terrorists.

>

> Cassel discusses specific cases, including cases of

> " guilt by association. "

> She names names and holds accountable the brown

> shirts in our government. She

> describes absurd regulations under which innocent

> American citizens can be

> convicted of terrorism.

>

> In a chapter on grass roots resistance, Cassel notes

> that more than 250

> counties and municipalities in 28 states, plus two

> entire states, representing 43

> million Americans, have passed resolutions

> criticizing the PATRIOT Act or

> forbidding local law enforcement from cooperating

> with the Bush administration's

> attack on the U.S. Constitution.

>

> After the horrors Cassel describes, it is refreshing

> that there are still 43

> million Americans who can recognize tyranny when

> they see it.

>

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