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Greenwald: Civil Liberties Are Being Trampled By Exploiting "Insurrection" Fears
SUNDAY, OCT 17, 2021 - 10:15 PM
Authored by Glenn Greenwald via greenwald.substack.com,
When a population is placed in a state of sufficiently grave fear and anger regarding a perceived threat, concerns about the constitutionality, legality and morality of measures adopted in the name of punishing the enemy typically disappear. The first priority, indeed the
sole priority, is to crush the threat.
Questions about the
legality of actions ostensibly undertaken against the guilty parties are brushed aside as trivial annoyances at best, or, worse, castigated as efforts to sympathize with and protect those responsible for the danger. When a population is subsumed with pulsating fear and rage, there is little patience for seemingly abstract quibbles about legality or ethics. The craving for punishment, for vengeance, for protection, is visceral and thus easily drowns out cerebral or rational impediments to satiating those primal impulses.
Rep. Adam Schiff (D-CA), Rep. Jamie Raskin (D-MD), Rep. Liz Cheney (R-WY) and Rep. Adam Kinzinger (R-IL) arrive for the House Select Committee hearing investigating the January 6 attack on the U.S. Capitol on July 27, 2021 at the Cannon House Office Building in Washington, DC. (Photo by Drew Angerer/Getty Images)
The aftermath of the 9/11 attack provided a vivid illustration of that dynamic.
The consensus view, which formed immediately, was that anything and everything possible should be done to crush the terrorists who — directly or indirectly — were responsible for that traumatic attack. The few dissenters who attempted to raise doubts about the legality or morality of proposed responses were easily dismissed and marginalized, when not ignored entirely. Typically, they were vilified with the accusation that their constitutional and legal objections were frauds: mere pretexts to conceal their sympathy and even support for the terrorists. It took at least a year or two after that attack for there to be any space for questions about the legality, constitutionality, and morality of the U.S. response to 9/11 to be entertained at all.
For many liberals and Democrats in the U.S., 1/6 is the equivalent of 9/11. One need not speculate about that. Many have said this explicitly. Some prominent Democrats in politics and media have even insisted that 1/6 was worse than 9/11.
Joe Biden's speechwriters, when preparing his script for his April address to the Joint Session of Congress,
called the three-hour riot “the worst attack on our democracy since the Civil War.” Liberal icon Rep. Liz Cheney (R-WY), whose father's legacy was cemented by years of casting 9/11 as the most barbaric attack ever seen, now serves as Vice Chair of the 1/6 Committee; in that role, she
proclaimed that the forces behind 1/6 represent “a threat America has never seen before.” The
enabling resolution that created the Select Committee calls 1/6 “one of the darkest days of our democracy.”
USA Today’s editor David Mastio published
an op-ed whose sole point was a defense of the hysterical thesis from MSNBC analysts that 1/6 is at least as bad as 9/11 if not worse. S.V. Date, the White House correspondent for America's most nakedly partisan "news” outlet,
The Huffington Post, published a series of tweets arguing that 1/6 was worse than 9/11 and that those behind it are more dangerous than Osama bin Laden and Al Qaeda ever were.
And ever since the pro-Trump crowd was dispersed at the Capitol after a few hours of protests and riots, the same repressive climate that arose after 9/11 has prevailed. Mainstream political and media sectors instantly consecrated the narrative, fully endorsed by the U.S. security state, that the United States was attacked on 1/6 by domestic terrorists bent on insurrection and a coup. They also claimed in unison that the ideology driving those right-wing domestic terrorists now poses the single most dangerous threat to the American homeland, a claim which the intelligence community was making even before 1/6 to
argue for a new War on Terror (just as neocons wanted to invade and engineer regime change in Iraq prior to 9/11 and then exploited 9/11 to achieve that long-held goal).
With those extremist and alarming premises fully implanted, there has been little tolerance for questions about whether proposed responses for dealing with the 1/6 “domestic terrorists" and their incomparably dangerous ideology are excessive, illegal, unethical, or unconstitutional. Even before Joe Biden was inaugurated, his senior advisers made clear that
one of their top priorities was to enact a bill from Rep. Adam Schiff (D-CA) — now a member of the Select Committee on 1/6 — to import the first War on Terror onto domestic soil. Even without enactment of a new law, there is no doubt that a second War on Terror, this one domestic,
has begun and is growing, all in the name of the 1/6 "Insurrection" and with little dissent or even public debate.
Following the post-9/11 script, anyone voicing such concerns about responses to 1/6 is reflexively accused of minimizing the gravity of the Capitol riot and, worse, of harboring sympathy for the plotters and their insurrectionary cause. Questions or doubts about the proportionality or legality of government actions in the name of 1/6 are depicted as insincere, proof that those voicing such doubts are acting not in defense of constitutional or legal principles but out of clandestine camaraderie with the right-wing domestic terrorists and their evil cause.
When it comes to 1/6 and those who were at the Capitol, there is no middle ground. That playbook is not new. "Either you are with us, or you are with the terrorists" was the rigidly binary choice which President George W. Bush presented to Americans and the world
when addressing Congress shortly after the 9/11 attack. With that framework in place, anything short of unquestioning support for the Bush/Cheney administration and all of its policies was, by definition, tantamount to providing aid and comfort to the terrorists and their allies. There was no middle ground, no third option, no such thing as ambivalence or reluctance: all of that uncertainty or doubt, insisted the new war president, was to be understood as standing with the terrorists.
The coercive and dissent-squashing power of that binary equation has proven irresistible ever since, spanning myriad political positions and cultural issues. Dr. Ibram X. Kendi's
insistence that one either fully embrace what he regards as the program of "anti-racism” or be guilty
by definition of supporting racism — that there is no middle ground, no space for neutrality, no room for ambivalence about any of the dogmatic planks — perfectly tracks this manipulative formula.
As Dr. Kendi described the binary he seeks to impose: “what I'm trying to do with my work is to really get Americans to eliminate the concept of 'not racist’ from their vocabulary, and realize
we're either being racist or anti-racist." Eight months after the 1/6 riot — despite the fact that the only people who died that day were Trump supporters and not anyone they killed — that same binary framework shapes our discourse, with a clear message delivered by those purporting to crush an insurrection and confront domestic terrorism.
You're either with us, or with the 1/6 terrorists.
What makes this ongoing prohibition of dissent or even doubt so remarkable is that so many of the responses to 1/6 are precisely the legal and judicial policies that liberals have spent decades denouncing. Indeed, many of the defining post-1/6 policies are identical to those now retrospectively viewed as abusive and excessive, if not unconstitutional, when invoked as part of the first War on Terror.
We are thus confronted with the surreal dynamic that policies long castigated in American liberalism — whether used generally in the criminal justice system or specifically in the name of avenging 9/11 and defeating Islamic extremism — are now off-limits from scrutiny or critique when employed in the name of avenging 1/6 and crushing the dangerous domestic ideology that fostered it.
Almost immediately after the Capitol riot, some of the most influential Democratic lawmakers — Senate Majority Leader Chuck Schumer (D-NY) and House Homeland Security Committee Chair Bennie Thompson (D-MS), who also now chairs the Select 1/6 Committee —
demanded that any participants in the protest
be placed on the no-fly list, long regarded as
one of the most extreme civil liberties assaults from the first War on Terror. And at least some of the 1/6 protesters have been placed on that list: American citizens,
convicted of no crime, prohibited from boarding commercial airplanes based on a vague and unproven assessment, from unseen and unaccountable security state bureaucrats, that they are too dangerous to fly. I
reported extensively on the
horrors and abuses of the no-fly list as part of the first War on Terror and do not recall a single liberal speaking in defense of that tactic. Yet now that this same brute instrument is being used against Trump supporters, there has not, to my knowledge, been a single prominent liberal raising objections
to the resurrection of the no-fly list for American citizens who have been convicted of no crime.
Axios, Jan. 12, 2021
With more than 600 people
now charged in connection with the events of 1/6,
not one person has been charged with conspiracy to overthrow the government, incite insurrection, conspiracy to commit murder or kidnapping of public officials, or any of the other fantastical claims that rained down on them from media narratives. No one has been charged with treason or sedition. Perhaps that is because, as
Reuters reported in August, “the FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result.” Yet these defendants are being treated as if they were guilty of these grave crimes of which
nobody has been formally accused, with the exact type of prosecutorial and judicial overreach that criminal defense lawyers and justice reform advocates have long railed against.
Dozens of the 1/6 defendants
have been denied bail, thus being imprisoned for months without having been found guilty of anything. Many are being held in unusually harsh and bizarrely cruel conditions, causing a federal judge on Wednesday
to hold “the warden of the D.C. jail and director of the D.C. Department of Corrections in contempt of court,” and then calling on the Justice Department "to investigate whether the jail is violating the civil rights of dozens of detained Jan. 6 defendants.” Some of the pre-trial prison protocols have been so punitive that even Sen. Elizabeth Warren (D-MA) — who calls the 1/6 protesters "domestic terrorists” —
denounced their treatment as abusive: “Solitary confinement is a form of punishment that is cruel and psychologically damaging,” Warren said, adding: “And we’re talking about people who haven’t been convicted of anything yet.” Warren also said she is "worried that law enforcement officials are deploying it to 'punish' the Jan. 6 defendants or to 'break them so that they will cooperate.”
Part 1 of 2
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Axios, Jan. 12, 2021
