A Terrible Subject Put Beautifully in a Terrible Kind of Way...

"A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens ... Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence." - Judge Richard Cardamone, explaining his decision to uphold the unconstitutionality of the Patriot Act's National Security letters provision.

Describing James Madison's belief that an absolutely essential condition for the American republic be that "no man is allowed to be a judge in his own cause," Gary Wills writes, in Explaining America,

No king, no legislature, no body at all should be put in a situation where interest has no overseer. The virtuous man will not want to be put in that situation. He welcomes the scrutiny of fair men. His virtue is not private, but public; on display, and asking to be tested.

Could the presidency of the Bush administration possibly be further removed from that ideal of “deriving their just powers from the consent of the governed,"? Having its "virtue" displayed in public, to be judged by "the scrutiny of fair men" is the last thing that the administration wants. Indeed, since the President took office, it has been a matter of policy that this administration ask to be put in a situation where it would be a judge in its own cause, while also asking us to trust that it is privately virtuous.

The administration has claimed that neither Congress nor the Courts can review its actions. Congress doesn't seem to mind very much, and the administration avoids the courts whenever it appears that it might be challenged. It claims "state secrets" would prevent a court from judging its actions. But this administration has lost the right to the benefit of the doubt. The right to keep secret the President deciding that laws no longer apply to him, that he can be a judge in his own cause, can not be a matter of national security.

As Thomas Paine put it:

In America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king.

It has become apparent that "national security" is used by the administration as a synonym for its own private political interests, private political interests that would make George W. Bush king ... Madison's nightmare.

It is not transparency and openness that threatens our security, but obsessive and excessive secrecy. Removal of oversight of the government is a threat to our security. When our government operates in the shadows we have no idea whether or not what they are doing is in our interest. The sad, likely truth is that the events of September eleventh, 2001 could have been prevented if better analysis of the existing intelligence had taken place - intelligence that was gathered without the Patriot Act, without the NSA being authorized to spy on Americans without a warrant, without secret CIA prisons, without "enhanced interrogation tactics", without President Bush asserting the right to unilaterally decide when the Constitution is applicable.

This administration, full of ideologues, immune from consideration of reality, deliberating in secret, hiding their motives from us, is what threatens us. Look at their track record. They were warned that their abandonment of the Geneva Conventions would invite abuse, they did it anyway. They were warned invading Iraq would require more troops, they claimed otherwise and fired the general who told them that. They were warned the invasion would cost over two hundred billion dollars, they claimed otherwise and fired the person that told them that. They were warned that there was no evidence linking Iraq to WMD's or al Qaeda, they claimed it anyway. They were advised to plan for a post invasion occupation, they decided not to for ideological reasons. They were warned that an insurgency would soon grow out of control in the newly occupied Iraq, they removed the CIA agent responsible for the report. Et cetera.

Yesterday the Senate Judiciary Committee approved an amendment to prohibit flag burning. So maybe it's fitting that, if we're going to be a police state, we may as well start acting like it. After all, as Ed Brayton notes:

One of the very first things that Hitler did upon seizing power in Germany was ban the burning of the German flag; the punishment was imprisonment. In China, where we all watched the student protestors at Tiananmen Square burn the Chinese flag, their actions result in a minimum of 3 years in prison. The other two nations that punish those who burn their flag at the moment: Cuba and Iran.

Read it all here: http://glenngreenwald.blogspot.com/2006/06/secrecy-and-security.html