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To Resist Tyranny, We Must Celebrate and Stand By Our Whistleblowers

in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Alice Salles Comments are off

To Resist Tyranny, We Must Celebrate and Stand By Our Whistleblowers

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The need for transparency was an important talking point during the 2008 presidential elections, but once the current administration had an opportunity to handle information leaked by whistleblowers such as former NSA contractor Edward Snowden in a constitutional manner, making sure that the National Security Agency’s disregard for privacy was investigated, the Barack Obama administration decided to, instead, start one of the most effective anti-whistleblower campaigns in the history of the United States.

SnowdenAccording to Tech Dirt, the current administration has prosecuted more whistleblowers than all other administrations combined. And what the most recent case of official mishandling of another NSA whistleblower proves is that officials are oblivious of what due process is all about.

Recently, Foreign Policy reported, another NSA whistleblower attempted to “go through the proper channels” in order to report issues she felt that should be addressed by her superiors. Instead of investigating her complaints, the FBI raided her house.

According to Foreign Policy, the FBI suspended the whistleblower’s clearances without giving her any reason. The publication also explained that she “wasn’t allowed at work, and for two years, the NSA made her ‘call every day like a criminal, checking in every morning before 8.’”

The report continues:

“[Elham] Khorasani went to the agency only for interrogations, she says: eight or nine sessions that ran at least five hours each. She was asked about her family, her travel, and her contacts.”

According to Khorasani, the “special” treatment she received from the FBI only came after the NSA whistleblower set up a meeting with Thomas Drake, another whistleblower prosecuted by the current administration. She had decided to meet with Drake in order to learn more on how she should proceed to make an effective complaint regarding what she calls an unfair reassignment. Once she contacted Drake, he explained that too much time had already passed, and that her efforts would be fruitless from that point on.

He allegedly told her that she had “the bull’s-eyes on” her. “You’re done.”

Khorasani’s story may have been covered by Foreign Policy, but countless others haven’t been pursued. Unfortunately, she’s not the only one to have suffered increased scrutiny over her decision to pursue proper channels in order to have her complaints investigated. According to Foreign Policy’s James Bamford, people under suspicion of misconduct such as Khorasani are often given a special red badge, which replaces the blue card used by employees and contractors with access to secure facilities.

This sort of scarlet letter, Foreign Policy reports, often forces employees to live in “purgatory.” During the entire process, they are never told why they are under scrutiny. And in many cases, they are given jobs inside the gardening department or at the NSA’s museum.

To Tech Dirt, the United States doesn’t have enough whistleblowers because the “proper channels” simply don’t work, which is what the Khorasani case shows us.

If more people within the US government had more incentives to speak out and more often, we would be able to hold our officials accountable. “Unrestrained power may be many things,” Edward Snowden wrote recently, “but it’s not American… We, the people, are ultimately the strongest and most reliable check on the power of government.”

If resistance to tyranny is what we’re looking for, Snowden contends, “Change has to flow from the bottom to the top.”

Bipartisan Senate Amendment Seeks to End Indefinite Detention of American Citizens

in Criminal Justice, Foreign Policy, Liberator Online, Middle East, National Defense, News You Can Use, Personal Liberty by Jackson Jones Comments are off

Bipartisan Senate Amendment Seeks to End Indefinite Detention of American Citizens

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

An amendment to the FY 2016 National Defense Authorization Act (NDAA), sponsored by Sen. Mike Lee, R-Utah, would guarantee that no American citizen can be indefinitely detained by the federal government without charges being filed against them.

DetentionIn 2011, Congress passed the FY 2012 version of the NDAA, which contained a controversial provision that, read broadly, could be used to detain American citizens suspected of terrorism without charges or trail under the 2001 Authorization for Military Force against al-Qaeda. The Lee amendment – which is cosponsored by a bipartisan group of senators, including Rand Paul, R-Ky., and Dianne Feinstein, D-Calif. – would resolve the controversy.

“America should never waiver in vigilantly pursuing those who would commit, or plot to commit, acts of treason against our country. But the federal government should not be allowed to indefinitely imprison any American on the mere accusation of treason without affording them the due process guaranteed by our Constitution,” Lee said in a statement released by his office. “By forbidding the government from detaining Americans without trial absent explicit congressional approval, the Due Process Guarantee amendment strikes the right balance between protecting our security and the civil liberties of each citizen.”

The Fifth and Fourteenth Amendments to the Constitution guarantee Americans the right to due process of law. The Sixth Amendment protects the right to “a speedy and public trial.”

The indefinite detention provision was inserted into the FY 2012 NDAA at the request of the White House, according to then-Sen. Carl Levin, D-Mich., who complied with the administration’s wishes. A Senate amendment, which passed the upper chamber with strong bipartisan support, to clarify the language was dropped during negotiations to resolve differences between the House and Senate’s versions of the FY 2013 NDAA.

“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial,” said Sen. Ted Cruz, R-Texas, another cosponsor of the amendment. “The Due Process Guarantee amendment will prohibit the President’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.”

“While we must vigorously protect national security by pursuing violent terrorists and preventing acts of terror, we must also ensure our most basic rights as American citizens are protected,” Cruz added.

The Senate is currently debating the FY 2016 version of the NDAA. Votes on amendments will occur over the next few legislative days. The bill passed the House in mid-May by a vote of 269-151.

Rand Paul, Others: Demilitarize the Police

in Criminal Justice, Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 13 of the Liberator Online. Subscribe here!)

“We Must Demilitarize the Police” is the title of a bold article by Sen. Cartoon Militarized Police OfficerRand Paul at TIME.com.

Written as the troubles in riot-torn Ferguson, Missouri were escalating, Paul says:

“The outrage in Ferguson is understandable — though there is never an excuse for rioting or looting. There is a legitimate role for the police to keep the peace, but there should be a difference between a police response and a military response.

“The images and scenes we continue to see in Ferguson resemble war more than traditional police action. …

“There is a systemic problem with today’s law enforcement. Not surprisingly, big government has been at the heart of the problem. Washington has incentivized the militarization of local police precincts by using federal dollars to help municipal governments build what are essentially small armies — where police departments compete to acquire military gear that goes far beyond what most of Americans think of as law enforcement.

“This is usually done in the name of fighting the War on Drugs or terrorism. …

“When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury — national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture — we begin to have a very serious problem on our hands.

“Given these developments, it is almost impossible for many Americans not to feel like their government is targeting them. Given the racial disparities in our criminal justice system, it is impossible for African-Americans not to feel like their government is particularly targeting them.”

Paul quoted others who share these concerns:

Glenn Reynolds (Instapundit): “Soldiers and police are supposed to be different. … But nowadays, police are looking, and acting, more like soldiers than cops, with bad consequences. And those who suffer the consequences are usually innocent civilians.”

Walter Olson (Cato Institute): “Why armored vehicles in a Midwestern inner suburb? Why would cops wear camouflage gear against a terrain patterned by convenience stores and beauty parlors? Why are the authorities in Ferguson, Mo. so given to quasi-martial crowd control methods (such as bans on walking on the street) and, per the reporting of Riverfront Times, the firing of tear gas at people in their own yards? … Why would someone identifying himself as an 82nd Airborne Army veteran, observing the Ferguson police scene, comment that ‘We rolled lighter than that in an actual warzone’?”

Evan Bernick (Heritage Foundation): “The Department of Homeland Security has handed out anti-terrorism grants to cities and towns across the country, enabling them to buy armored vehicles, guns, armor, aircraft, and other equipment. … federal agencies of all stripes, as well as local police departments in towns with populations less than 14,000, come equipped with SWAT teams and heavy artillery. …

“Bossier Parish, Louisiana, has a .50 caliber gun mounted on an armored vehicle. The Pentagon gives away millions of pieces of military equipment to police departments across the country — tanks included.”

Concludes Sen. Paul: “The militarization of our law enforcement is due to an unprecedented expansion of government power in this realm. … Americans must never sacrifice their liberty for an illusive and dangerous, or false, security. This has been a cause I have championed for years, and one that is at a near-crisis point in our country.”

For more libertarian critiques on Ferguson, see “Where Are the Libertarians on Ferguson? Here, LMGTFY,” by Elizabeth Nolan Brown, The Dish, Aug. 14, 2014.

Radley Balko, a libertarian journalist who writes for the Washington Post, has a great recent book on the dangers of U.S. police militarization, Rise of the Warrior Cop. You can read a lengthy excerpt from it here.