FacebookTwitterRedditEmail

Eliot Spitzer’s Constitutional Hang Up

New York will soon be inaugurating a new governor and many liberals here and across the country are excited about the prospect of having a celebrated K Street watchdog scale the ranks of the Democratic Party. Voters ushered Eliot Spitzer into office in unprecedented fashion last November, with almost 70% casting their vote for his sweeping crusade. Spitzer, like young Barack Obama, is often seen as the face of a new, invigorated Democratic Party–one that isn’t afraid to shine its progressive credentials. Eliot Spitzer, unfortunately, is anything but progressive. In many ways he is not even a reformer.

Sure he’s stood up for abortion rights and against tax cuts for the rich, but that’s right about where Spitzer’s political ideology plummets into Bushland. He unashamedly supports the neocons’ war on terror, salutes the racist death penalty as a just punishment, and perhaps most telling of all, Spitzer was one of the chief architects of the New York version of the fear provoked PATRIOT Act.

Shortly after the attacks on the World Trade Center, Gov. Pataki along with Attorney General Spitzer wrote the grossly overreaching Anti-Terrorism Act of 2001. Much like the federal PATRIOT Act, the Anti-Terrorism Act attempted to curtail our civil liberties in the name of national defense.

The Act sanctions “roving” wiretaps of US citizens, expands the definition of terrorist activity to include money laundering, and eliminates the statute of limitations for all “terrorist” offenses. The Act also permits the prosecution of suspects despite a pending or prior federal prosecution, and among further offensives, Spitzer and Pataki’s bill prevents suspects from being freed due to a “technicality,” i.e. an unlawful action made by investigators and law enforcement officials in complying with federal search and seizure regulations.

Apparently a “technicality” to Spitzer is synonymous with “Constitutional hang-up.” And that’s a dangerous path for any state to travel down, especially when a savvy prosecutor is at the helm. By eliminating Constitutional rights, terror suspects will not be presented with fair, impartial trials. Indeed their guaranteed rights will not assured at all — their rights will be restricted in the name of terror prevention.

As governor, will Spitzer also attempt to make New York a place where we have access to neither a fair trial, nor adequate counsel? Will New York become a state where Constitutional rights are viewed as “technicalities” that get in the way of a prosecutor’s case? Spitzer seems to hope so, for it will make prosecutors’ jobs a heck-of-a-lot easier. No longer will they have to abide by the pesky Bill of Rights when trying terrorism suspects. And of course, who is, and who is not deemed a “terrorist” is solely decided by government prosecutors, not citizen juries.

Given Eliot Spitzer’s national political ambitions, the future New York governor must be held accountable. Let’s let Spitzer know we don’t agree with his Constitution wrecking behaviors by making sure he doesn’t employ further measures in the quest to destroy our civil liberties.

JOSHUA FRANK is the author of Left Out! How Liberals Helped Reelect George W. Bush and edits http://www.BrickBurner.org

 

 

More articles by:

JOSHUA FRANK is managing editor of CounterPunch. His most recent book, co-authored with Jeffrey St. Clair, is Big Heat: Earth on the Brink. He can be reached at joshua@counterpunch.org. You can troll him on Twitter @joshua__frank.

August 12, 2020
Melvin Goodman
Trump’s War On Arms Control and Disarmament
P. Sainath
“We Didn’t Bleed Him Enough”: When Normal is the Problem
Riva Enteen
Kamala Harris? Really? Desperate Times, Desperate Measures
Kenneth Surin
The Decrepit UK Political System
Robert Hunziker
Freakish Arctic Fires Alarmingly Intensify
Ramzy Baroud
The Likud Conspiracy: Israel in the Throes of a Major Political Crisis
Sam Pizzigati
Within Health Care USA, Risk and Reward Have Never Been More Out of Kilter
John Perry
The US Contracts Out Its Regime Change Operation in Nicaragua
Binoy Kampmark
Selective Maritime Rules: The United States, Diego Garcia and International Law
Manuel García, Jr.
The Improbability of CO2 Removal From the Atmosphere
Khury Petersen-Smith
The Road to Portland: The Two Decades of ‘Homeland Security’
Raouf Halaby
Teaching Palestinian Children to Love Beethoven, Bizet, and Mozart is a Threat to a Depraved Israeli Society
Jeff Mackler
Which Way for Today’s Mass Radicalization? Capitalism’s Impending Catastrophe…or a Socialist Future
Tom Engelhardt
It Could Have Been Different
Stephen Cooper
Santa Davis and the “Stalag 17” Riddim
August 11, 2020
Richard D. Wolff
Why Capitalism is in Constant Conflict With Democracy
Paul Street
Defund Fascism, Blue and Orange
Richard C. Gross
Americans Scorned
Andrew Levine
Trump and Biden, Two Ignoble Minds Here O’erthrown
Patrick Cockburn
The Rise of Nationalism Has Led to the Increased Repression of Minorities
Sonali Kolhatkar
Trump’s Presidency is a Death Cult
Colin Todhunter
Pushing GMO Crops into India: Experts Debunk High-Level Claims of Bt Cotton Success
Valerie Croft
How Indigenous Peoples are Using Ancestral Organizing Practices to Fight Mining Corporations and Covid-19
David Rovics
Tear Gas Ted Has a Tantrum in Portland
Dean Baker
There is No Evidence That Generous Unemployment Benefits are Making It Difficult to Find Workers
Robert Fantina
War on Truth: How Kashmir Struggles for Freedom of Press
Dave Lindorff
Trump Launches Attack on Social Security and Medicare
Elizabeth Schmidt
COVID-19 Poses a Huge Threat to Stability in Africa
Parth M.N.
Coping With a Deadly Virus, a Social One, Too
Thomas Knapp
The “Election Interference” Fearmongers Think You’re Stupid
Binoy Kampmark
Mealy-Mouthed Universities: Academic Freedom and the Pavlou Problem Down Under
Mike Garrity
Emperor Trump Loses Again in the Northern Rockies in Big Win for Bull Trout, Rivers and the ESA
Alex Lawson
34 Attorneys General Call to Bust Gilead’s Pharma Monopoly on COVID Treatment Remdesivir
August 10, 2020
Gerald Sussman
Biden’s Ukrainegate Problem
Vijay Prashad – Érika Ortega Sanoja
How the U.S. Failed at Its Foreign Policy Toward Venezuela
Daniel Warner
Geneva: The Home of Lost Causes
Mike Hastie
The Police Force Stampede in Portland on August 8, 2020 
Jack Rasmus
Trump’s Executive Orders: EOs as PR and FUs
Rev. William Alberts
Cognitive Without Conscience
David Altheide
Politicizing Fear Through the News Media
F. Douglas Stephenson
Is Big Pharma More Interested in Profiteering Than Protecting Us From Coronavirus?
Evaggelos Vallianatos
The Money Plague
Howard Lisnoff
Revolutionaries Living in a System of Growing Fascism
Ralph Nader
Donald Trump is Defeating Himself
Lynnette Grey Bull
The Murdered and Missing Indigenous Women Human Rights Emergency is Not a Photo-Op for Ivanka Trump
FacebookTwitterRedditEmail