• Monthly
  • $25
  • $50
  • $100
  • $other
  • use PayPal

ONE WEEK TO DOUBLE YOUR DONATION!

We are inching along, but not as quickly as we (or you) would like. If you have already donated, thank you so much. If you haven’t had a chance, consider skipping the coffee this week and drop CounterPunch $5 or more. We provide our content for free, but it costs us a lot to do so. Every dollar counts.
FacebookTwitterRedditEmail

Crumpling the Constitution

With one word, a federal judge has described not only John Ashcroft’s handling of the Department of Justice, but also the Bush administration’s policy of citing national security as the
reason why it’s trying to hide the Constitution from
Americans.

U.S. District Judge Robert G. Doumar says Ashcroft’s super-secret policies and violation of basic Constitutional guidelines sounds “idiotic.”

Yaser Esam Hamdi, 21, an American citizen born in Louisiana
but captured in Afghanistan, has been confined at the Norfolk (Va.) Naval Station since April 5. The Justice Department claims that since Hamdi is a captured enemy combatant not only isn’t he entitled to legal representation but can be held indefinitely since he hasn’t been charged with any crime. “That sounds idiotic, doesn’t it?” asks Judge Doumar. Ashcroft also believes it’s the government’s right to record all lawyer-client communication; Judge Doumar, citing the Constitution and more than two centuries of American legal precedent, disagrees.

In a related case, U.S. District Judge Gladys Kessler will decide if the government has any Constitutional basis to keep secret the names and charges against those it currently
detains as terrorists. Ironically, the Justice Department admits that many of those it’s hiding from the public are not terrorist suspects. In numerous actions, Ashcroft and Vice-President Dick Cheney have retreated into their bunkers, arguing that the secrecy and the shredding of Constitutional guidelines are necessary for national
security. Cheney himself told the Senate leadership in
February that Bush officials would probably defy all
attempts to question them about what they knew before and
after the Sept. 11 attacks. Both Ashcroft and Cheney have
labeled dissent, even by leaders of both major political
parties, to be unpatriotic, something that should cause even
more fear in Americans than anything that happened Sept. 11.

The Bush administration’s quest for secrecy is understandable, considering it was primarily staring at headlights prior to Sept. 11. Newsweek and numerous other publications now report that the Bush administration, probably for political reasons, discounted the Clinton administration’s severe and substantial warnings about terrorist activities. Ashcroft himself opposed an FBI proposal to add more counter-terrorism agents. Numerous memos by the CIA, backed by data from foreign intelligence agencies, were shuffled into a bureaucratic limbo by the Bush administration. These are the same leaders who agreed that color-coded days was a brilliant concept are now chomping away at our civil rights.

In the first weeks after the attacks, Americans gave the government wide latitude to seek out and destroy those responsible. The people realized they may have to temporarily yield a few of their own civil rights to gain their permanent security, a reality of life but one that would have shocked and saddened the nation’s founders who wrote our keystone documents under terrors we can’t even imagine.

John Ashcroft saw the confusion after Sept. 11 as political convenience. Within two months, drafted in secret under a cloak of “national security,” Ashcroft had bullied Congress to pass the USA Patriot Act. Most of Congress now admit they didn’t read the 342-page document which butts against Constitutional protections of the First (free speech), Fourth (unreasonable searches), Fifth (right against self-incrimination), and Sixth (due process) amendments.

President Bush–in Europe telling our allies that the reason to modernize the military is to make it more modern–has cloaked himself in the fiction of national security to justify a political agenda of secrecy. His popularity rating remains over 60 percent, even though his leading political advisor joyfully proclaims that the events of Sept. 11 should help elect more Republicans in the Fall elections.

What the President and his advisors must understand, yet may not be prepared to admit, is that Americans are giving unprecedented support not because they believe the President is a brilliant war leader but because they believe in the country, and hope that solidarity and increased vigilance will be the fortress against continued attacks upon the nation.

FBI director Robert Mueller, acknowledging numerous problems in America’s intelligence-gathering and analysis, and in announcing a massive reorganization of his agency, says the FBI “has been the agency to protect the rights of others.”

As long as John Ashcroft, Dick Cheney, and numerous Bush officials believe the Constitution is nothing more than a scrap of paper to be used to justify a cover-up for their own problems, then anything Mueller says is nothing more than empty rhetoric.

It is important to destroy terrorism. It’s just as important we don’t destroy the American fabric to do so.

Walter M. Brasch, Ph.D. is a professor of journalism at Bloomsburg University. His most recent book is Bill Clinton: The Joy of Sax. Walt has been sidelined with a nasty illness the past few weeks and is just now getting some of his old energy back. He love to hear from you and may be reached at brasch@bloomu.edu.

 

 

More articles by:

Walter Brasch is an award-winning social issues journalist. His latest book is Fracking Pennsylvania, an analysis of the history, economics, and politics of fracking, as well as its environmental and health effects.

bernie-the-sandernistas-cover-344x550
October 23, 2019
Kenneth Surin
Western China and the New Silk Road
W. T. Whitney
Stirrings of Basic Change Accompany Protests in Haiti
Louisa Willcox
Inviting the Chief of the Grizzlies to Our Feast
Jonathan Cook
The Democrats Helped Cultivate the Barbarism of ISIS
Dave Lindorff
Military Spending’s Out of Control While Slashing It Could Easily Fund Medicare for All
John Kendall Hawkins
With 2020 Hindsight, the Buffoonery Ahead
Jesse Hagopian
The Chicago Teachers Strike: “Until We Get What Our Students Deserve”
Saad Hafiz
America’s Mission to Remake Afghanistan Has Failed
Victor Grossman
Thoughts on the Impeachment of Donald Trump
Binoy Kampmark
Celebrity Protesters and Extinction Rebellion
John Horning
Spotted Owls and the National Christmas Tree
Dave Lindorff
Moment of Truth on Military Spending in the NY Times
October 22, 2019
Gary Leupp
The Kurds as U.S. Sacrificial Lambs
Robert Fisk
Trump and the Retreat of the American Empire
John Feffer
Trump’s Endless Wars
Marshall Auerback
Will the GOP Become the Party of Blue-Collar Conservatism?
Medea Benjamin - Nicolas J. S. Davies
Trump’s Fake Withdrawal From Endless War
Dean Baker
Trump Declares Victory in China Trade War
Patrick Bond
Bretton Woods Institutions’ Neoliberal Over-Reach Leaves Global Governance in the Gutter
Robert Hunziker
XR Co-Founder Discusses Climate Emergency
John W. Whitehead
Terrorized, Traumatized and Killed: The Police State’s Deadly Toll on America’s Children
Evaggelos Vallianatos
A World Partnership for Ecopolitical Health and Security
Binoy Kampmark
The Decent Protester: a Down Under Creation
Frances Madeson
Pro-Democracy Movement in Haiti Swells Despite Police Violence
Mike Garrity
Alliance for the Wild Rockies Challenges Logging and Burning Project in Methow Valley
Chelli Stanley
Change the Nation You Live In
Elliot Sperber
Humane War 
October 21, 2019
Jeffrey St. Clair
The Wolf at the Door: Adventures in Fundraising With Cockburn
Rev. William Alberts
Myopic Morality: The Rehabilitation of George W. Bush
Sheldon Richman
Let’s Make Sure the Nazis Killed in Vain
Horace G. Campbell
Chinese Revolution at 70: Twists and Turns, to What?
Jim Kavanagh
The Empire Steps Back
Ralph Nader
Where are the Influentials Who Find Trump Despicable?
Doug Johnson Hatlem
Poll Projection: Left-Leaning Jagmeet Singh to Share Power with Trudeau in Canada
Thomas Knapp
Excuses, Excuses: Now Hillary Clinton’s Attacking Her Own Party’s Candidates
Brian Terrell
The United States Air Force at Incirlik, Our National “Black Eye”
Paul Bentley
A Plea for More Cynicism, Not Less: Election Day in Canada
Walter Clemens
No Limits to Evil?
Robert Koehler
The Collusion of Church and State
Kathy Kelly
Taking Next Steps Toward Nuclear Abolition
Charlie Simmons
How the Tax System Rewards Polluters
Chuck Collins
Who is Buying Seattle? The Perils of the Luxury Real Estate Boom
Weekend Edition
October 18, 2019
Friday - Sunday
Anthony DiMaggio
Trump as the “Anti-War” President: on Misinformation in American Political Discourse
Jeffrey St. Clair
Roaming Charges: Where’s the Beef With Billionaires?
Rob Urie
Capitalism and the Violence of Environmental Decline
FacebookTwitterRedditEmail