The Erosion of Individual Liberties: When Justice and Politics Become One
Saturday 03 July 2010
by: Lt. Col. Barry Wingard, t r u t h o u t | Op-Ed

(Image: Lance Page / t r u t h o u t; Adapted: P R, rubyblossom.)
In the "War on Terror," I am amazed how every time our enemy takes action, it sets into motion a scramble by our government to take away the individual rights of Americans. Will we reach a point at which we will be completely stripped of our civil liberties in the name of eliminating danger from external threats?
I am hopeful that this won't happen for two reasons. First, my travels have shown me that the world as a whole is closely scrutinizing American policies and behavior. Second, American history is replete with examples of the government making mistakes that went too far by denying rights or privileges to particular groups or individuals. In each instance, society stood against these practices and demanded the same rights for everyone, eventually returning the equilibrium in a way that could never have been accomplished by a single person.
Despite our victories of the past, unjust treatment of groups and individuals continues in the world we live in today. It is being played out every day at Guantanamo Bay and throughout America, where to be Muslim is to be suspect.
At Guantanamo, we have been detaining prisoners for nearly a decade without charges or trials, claiming that the detainees fall into a special category that allows us to treat them differently from the mandates of our justice system and our values as Americans. The presumption of innocence is one of the great hallmarks of the American judicial system. At Guantanamo, the government presumes the opposite. If you are caged there, you are guilty, and you will serve a life sentence, regardless of the evidence against you.
My client, Fayiz al-Kandari, is a Kuwaiti who has been held in a Guantanamo cage for eight and a half years. He is presumed guilty and, in all likelihood, will be held indefinitely as the Obama administration considers reinstituting the worst of the worst of Bush's detention policies. The US government has not been able to prove Fayiz actually did anything, but it does not have to because he falls into a special category of prisoner - one with fewer rights than you or me.
Imagine for a moment that American citizens were locked away for more than eight years without charges or trials. Would we as a country allow that to happen? Well, until we refuse to exclude certain groups from the rights that protect all of us, we are headed in that direction. And this is as great a threat to America as any external force.
It is only a matter of time until the tables turn against us. America's willingness to surrender a person's right to justice and due process at Guantanamo will ultimately find its way to the rest of society, perhaps eventually affecting us all on a personal level. When men decide how the judiciary system will function based on popular or political consensus, we have become a land of men and not laws.
If we do not change course at Guantanamo, we could ironically find ourselves subject to the same rights as Guantanamo Bay detainees: none. It's an extreme situation, admittedly, but what we are doing to individuals in US custody is no less extreme.
It is not just the US government that may overstep its bounds with American citizens. Any American who travels abroad should consider that, once the United States sets the precedent of indefinitely detaining individuals without any legal process, other countries will follow suit. Prejudice is not a one way street. During a recent trip to the Middle East, I was told that all Christians should immediately be jailed for infliction of terror around the world. How is this different from what Americans are allowing to occur at Guantanamo Bay?
Historically, laws expand in scope and almost never retract without express legislation to the contrary. It was for a reason that our founding fathers were particularly concerned with individual liberties. In their infinite wisdom, they recognized that it is the vulnerable citizens who need buffers to protect them against government overreaching, and that the erosion of rights is a slippery slope. This is precisely why they created the Declaration of Independence and the Bill of Rights.
The continued assault on our liberties will not only increase our feelings of insecurity; it will lead to more mistakes by the government that will result in fewer individual rights for Americans. We as a society must demand that the government not be allowed to interfere with our rights and that it prove every allegation against everyone it detains beyond a reasonable doubt - in a real court, in the light of day, for all to observe.
The views expressed in this article do not represent the views of the Department of Defense or the United States government.

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.





Comments
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"In the "War on Terror," I
Sat, 07/03/2010 - 17:59 β EDGEOFNOWHERE (not verified)"In the "War on Terror," I am amazed how every time our enemy takes action, it sets into motion a scramble by our government to take away the individual rights of Americans. Will we reach a point at which we will be completely stripped of our civil liberties in the name of eliminating danger from external threats?" Count on it! That is precisely why the shadow government of Neocons and Zionists created and staged the "enemy actions," from the false flag 9/11 "attack" right through the patently obvious CIA "underwear" bomber and the pathetically incompetent Times Square operative. Right now they are working on plans to attack Iran. Keep in mind that the Patriot Act was written well before 9/11. Your civil liberties and constitutional rights are history my friend, and it is about to get worse -- a lot worse. All that you see purporting to be our "government," from the president on down is nothing but a sham puppet show to keep you distracted while the Madmen of Empire roll on to the inevitable collapse that awaits all empires. Whether or not they manage to destroy the planet in the process remains to be seen.
It is especially interesting
Sat, 07/03/2010 - 18:06 β Anonymous (not verified)It is especially interesting in that they do not seem to work or to accomplish their alleged goal.
So, chances are, 09/11 et al, were as alleged in the previous comment, simply provided a "reason" that could pass muster for denying everyone but the rich their civil rights. Just as it was convenient to reinterpret the Constitution for years as supporting Jim Crow--not for just black people but tribal members as well.
All of that is why it's important to keep pushing to close Guantamo and to keep pushing to get the Patriot Act repealed.
Thank you.
Sat, 07/03/2010 - 18:07 β Anonymous (not verified)Thank you.
Another depressing article.
Sat, 07/03/2010 - 18:19 β OrwellWasAnOptimist (not verified)Another depressing article. Depressing because it is so true. It seems America has lost its way, and is headed down a path towards despotism. Not there yet, but the direction seems pretty clear. We are not becoming a better country every day, we are becoming a worse country every day, and we seem incapable of turning away from this wrong path.
I have one minor quibble with the author. I don't think any human being ever had, or ever will have, "infinite" wisdom. Not to say the founders were not some of the smartest people of their or any other age. But let's agree, they were not gods.
Thank you for your essay.
Sat, 07/03/2010 - 18:22 β Anonymous (not verified)Thank you for your essay. That Guantanamo exists has been a horror since the first day, a symbol of something dreadfully amiss with the US. And that "we" have not been able to do anything about it...any more than stop the bank bail-out and related financial peccadilloes or intervene in the Gulf against BP's crimes against the earth. As Tony Judt's book title reminds us, *Ill Fares the Land.*
Dear President Obama, Keep
Sat, 07/03/2010 - 18:42 β Ra-Be (not verified)Dear President Obama, Keep your word be diffent than Bush Corps and close Guantanamo. And how about if in America we are innocent until proven guilty we be not arrested or incarcerated until proven guilty. If we are not allowed by big corporations who seek to rule the world top have a Democaracy or a monopoly free free enterprise system then crime is caused by those at the top just as much as those who steal a loaf of bread not to die. Though survival may not be the goal, for some, it is. (Also since 911 was absolutely an inside job masterminded by Cheney and others, beyond any doubt, why don't we stop those who steal power and undermine America...those are the real internal domestic terrorists.)
James Madison Quotes βIf
Sat, 07/03/2010 - 19:05 β Anonymous (not verified)James Madison Quotes
βIf Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.β
"It is a universal truth that the loss of liberty at home is to be charged to the provisions against danger, real or pretended, from abroad."
"The means of defense against foreign danger historically have become the instruments of tyranny at home."
"The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse."
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny"
He, as a founding father, certainly saw the dangers.
The despotism and tyranny
Sat, 07/03/2010 - 22:08 β S. Wolf Britain (not verified)The despotism and tyranny ARE already here, my friends! When the DHS, FBI and Secret Service are already visiting millions of innocent Americans, as they ARE, for the non-threatening exercise of free speech; the free speech right to be non-violently angry about all that's happening in this country and world today, and expressing it; for going to protest gatherings to express those First Amendment rights to free speech and dissent; and for, as they have visited me regarding, false and fraudulent allegations of threatening the government; it is the beginning of very serious oppression and repression, and it is only going to get worse and worse very quickly.
None of us is safe, RIGHT NOW. Since the U.S. government already can and does kidnap and indefinitely imprison without trial innocent people, both those from abroad and U.S. citizens, they can take any of us away in the blink of an eye just for exercising our rights, the exercise of which is now already being called, by that government, "terrorism" or a "threat" to the government. And, as a result of the fact that we are already far down that slippery slope, it is just a matter of not much time at all until it happens to more and more innocent U.S. citizens right here on U.S. soil, and more and more "Guantanamos" come to exist within U.S. borders...
...They already have the
Sat, 07/03/2010 - 22:10 β S. Wolf Britain (not verified)...They already have the countless prisons and internment camps built all over the U.S., just for that very purpose; and, as in 1930s and '40s Germany, they want us to live in fear that we can be taken away at any time, at any whim of the government without trial, to expressly get us to "shut up" and not continue to excercise our rights, AND DUTIES, to dissent against all of this madness. That is what H.G. Wells, who was in favor of all of this government tyranny, despotism and insanity, meant when he said in his 1939 book The New World Order, "Countless people will hate the New World Order and will die protesting against it". So, again, you see we are already there.
But, of course, standing up against evil will be called a "hate crime", and will get one "disappeared" into indefinite detention, in more and more cases to never be seen or heard from again, as quickly as anything else done in protest against the despotism and tyranny now flooding this "land of the (slaves), and home of the (cowards)". So what do you think most "Americans" will do as they become more and more aware of this serious threat? They will sell their souls to the devil, and will shut their mouths in order to avoid the fate of the true heroes who stand up against it. I can already feel it happening when you inform them of what is really going on...
...They might as well come
Sat, 07/03/2010 - 22:11 β S. Wolf Britain (not verified)...They might as well come right out and say, though they don't usually do so, "Well, just keep your mouth shut and you won't have anything to worry about". That is the way of the cowards that most "Americans" have been turned into. It is not all of their fault. They have been chemically lobotomized by additives to the food, air and water, and dental and pharmacological regimens, and have been indoctrinated and conditioned to it. But that does not excuse their cowardice. They still have the duty to wake up from their "braindeadedness" (sic), as God is willing and able to awaken them from. So, when they reject those who seek to awaken them, there is no reprieve for doing so.
It has become so bad that you can't talk to most "Americans" about any of this, including what this article is deliniating, because all it gets them to do is cringe in fear, get defensive, and cover it up with changes of subject to meaningless topics, or claims that it supposedly can't, or won't, happen here. In fact, many if not most of them act like even broaching such subjects allegedly makes those who do so a threat that more and more they will "tattle-tale" to the government about, as the government is intentionally getting neighbors to turn against innocent neighbors to have the latter disappeared and silenced for doing nothing but speaking the truth. Nazi Germany all over again...
...Look at the level of
Sat, 07/03/2010 - 22:13 β S. Wolf Britain (not verified)...Look at the level of denial. Just stating that last sentence of my previous paragraph is enough to get most "Americans" to refuse to face that history repeats itself over and over again; that such tyranny and despotism CAN happen here in the U.S.; and that the symptoms of that madness, such as neighbors being turned against innocent neighbors, can AND ARE being repeated right here, right now, in "la-la land". Thus, it begs the question, Is it scarry? Yes, it is. But we better face our fears head on and overcome them, and stand up en masse against all of this repeating insanity, or we might as well roll over and die right now; because there are no other options...
...In the fictional movie
Sat, 07/03/2010 - 22:14 β S. Wolf Britain (not verified)...In the fictional movie about 9/11, The Reflecting Pool, the Russian immigrant reporter who investigated and published the truth about 9/11 rolls over and gives up because he and his investigatory partner were persecuted for speaking that truth. But that is the cowardly thing to do. We have to keep speaking the truth no matter what befalls us; because, otherwise, we are capitulating to and complicit in evil, and failing our fellow citizens, of the U.S. and the whole world; and we cannot allow ourselves to be such cowards and traitors to our fellow humankind, this country, the Bill of Rights and Declaration of Independence, and to the entire planet...
...Therefore, please don't
Sat, 07/03/2010 - 22:14 β S. Wolf Britain (not verified)...Therefore, please don't be cowards; but be true heroes, and true national and international patriots.
"It is written, thus says the Lord [God in and through Jesus the Christ, the Word(s) of God, and the Maker / Creator or all things except evil]...": "...Cry aloud, spare not, lift up your voice like a trumpet, and show My people their transgression(s)..."! [Isaiah 58:1; etc.; emphasis and/or clarification(s) added by me.]
To S. Wolf Britain: You have
Sun, 07/04/2010 - 01:28 β Anonymous (not verified)To S. Wolf Britain:
You have completely and perfectly diagnosed the disease of the United States.
Kudos to you! And I agree one million percent with you.
Excellent rant Wolf, let's
Sun, 07/04/2010 - 05:27 β Anonymous (not verified)Excellent rant Wolf, let's discuss nano-thermite and the Cheney remote-pull operation, with a side order of acid and speed. them! us! Kaput!
1984 happened in 1984 - we
Sun, 07/04/2010 - 05:53 β Anonymous (not verified)1984 happened in 1984 - we were just enamored of Ron Big Brother Reagan. But everything was already there - the newspeak, government acting in self preservation mode (16 Reagan senior aides were convicted of felonies rather then tell the truth about Reagan), the some of us are more equal than others, and a huge network of government agencies distorting the truth while catering to the conservatives, politicizing all decisions to make the conservatives and their policies look favorable in the eyes of the people.
Col. Wingard, The situation
Sun, 07/04/2010 - 06:27 β Anonymous (not verified)Col. Wingard,
The situation is worse than you describe it. Our rights don't just get taken away when our "enemies" attack. If you recognize that most "terror" attacks have been false-flag operations, then it is our own government and the agencies that carry out its wishes who are responsible for "terrorist" attacks.
You then are enabled to see that the erosion of civil rights was the aim of the false-flag attacks all along. You simply have to see how the two Patriot Acts were both ready to go before the attacks on the Murrah Building and World Trade Centers.
Moreover, if you see that the scenarios like terrorism, rogue states, etc., were mapped out in the 1970s by elements of the military-industrial complex, as you can see by watching "Carol Rosin" (google) on Youtube, then you discover that the various scenarios that have been played out more recently have all been in the works for decades.
WE are our enemy. We have attacked ourselves. We actually owe the Muslim world an apology for having cast it as the stand-in enemy when the real culprits sit in the CIA, FBI, State Department, Pentagon, etc.
There is so much information on this on the Internet today, not in the controlled mainstream media, that it should not take much effort to reveal it to yourself if you have the desire to follow it up.
.
Yes, the "Patriot" Act was
Sun, 07/04/2010 - 11:22 β marty weiss (not verified)Yes, the "Patriot" Act was prepared long before 9/11. The fascist cabal that created it cannot survive the light of day. But fascism and police states cannot survive anyway. Attempts to dismantle inalienable rights are doomed by human nature.
This forum is evidence of free speech. In China, people get arrested for writing criticism of gov't.
The principles of democratic gov't. are sound, but must be enforced by the people of every generation. "Free Speech Zones" behind barbed-wire fences demonstrate the futility of controlling any population's rightful expression.
Truth-out personifies the enduring right of Americans to speak against tyranny. Human nature will never surrender.
Both Ra-Be and Anonymous
Sun, 07/04/2010 - 15:31 β FBuckley (not verified)Both Ra-Be and Anonymous Madison quoter have voiced what a mojority has expressed or are making clear to the elites and their representatives. They do not represent us. They have perpetrated a wide range of injustices and possibly criminal events (like 911 by Cheney and his cabal, attested to here by an Mechanical Engineer with 30 years in Construction that points to a hopelessly inept and fraudulent investigation by Zelikow) to justify a series of oft-tauted measures to save us from terror. Cheney is a terrorist by his own admission. He violates international law at his pleasure and (has operated prisons at home and abroad) that are protected by State-Secrets Priviledge? He is a disgrace along with the contingent operating from the CIA, NSA and "Homeland [just change it to Fatherland for true effect] Security." that have taken political positions that are subvesive to the Constitution, as well as international law and agreements that we claim to operate under.
The refusal to investigate and prosecute these individuals and others for these travesties is equally culpable. Just more of the same and the guarantee that justice is a bribe, a kick back from the Prisons for Profit to fill their cells at $140/Day for anyone, without charges, without a limit to time and without representation from an actually concerned lawyer. The Magna Carta - where a nobleman finally was forced to admit his rule was bound by law - has been repealed by international criminals - openly alleged - Cheney and Bush Co. (including Agencies openly in conflict over their loyalties to Bush). Forcing them to sign a new Magna Carta is not a good idea. But, history has a strange way of repeating itself.
The TRUTH is in the
Sun, 07/04/2010 - 17:56 β Joe (not verified)The TRUTH is in the comments!
The "WAR ON TERROR" is a Fraud.
9/11 was an INSIDE JOB.
It is my hope that TRUTHOUT will someday soon begin reporting the whole diabolical truth.
Real grassroots activism has
Sun, 07/04/2010 - 18:06 β Sallyport (not verified)Real grassroots activism has to take place on the local level. Peace & justice groups of all kinds need to make their presence visible in every little village & town. Only thus are people really informed. We have seen too often that the efforts to mobilize huge marches on Washington, NYC, &c., are given short shrift by corporate media. The same energy spread around the country would communicate directly to the public & result in wider participation (& leave a smaller carbon footprint!) & growth in pressure on the Congress.
And TO is no place for
Mon, 07/05/2010 - 03:17 β Anonymous (not verified)And TO is no place for anything important like that - sorry, it just isn't.
What the author fears is
Mon, 07/05/2010 - 05:00 β wcandler1 (not verified)What the author fears is already happening. As a recent example a woman Valerie Carlton was released on June 30th by Harford County (Maryland) after 13 months in prison, much of it in solitary confinement, without a single Court appearance with a $12 million bond, on 28 charges. All 28 charges have been dropped for more details of this horrible case see: www.thehostagechild.com A key problem is the media, they report the arrest in the most prejudicial terms, but not the release. As I wrote to 2BalTV recently (without reply):
Investigative Reporters:
1. In June 2009, your station reported the arrest of Valerie Carlton on “28 charges ranging from sexual child abuse of the two girls to attempted kidnapping and extortion.” You can easily refresh your memory at http://www.wbaltv.com/news/19640644/detail.html .
2. Among the very emotive comments reported was “’(We're) hurt, furious, revengeful, that's about all I can say,’ the parent said. The parent's name is being withheld to protect the victim.”
3. Now Harford County has dropped all 28 charges, and set Valerie free. This does not smell right. Not least Valerie was in prison over a year, on $12 million (sic) bond, much of it in solitary confinement. This does not smell right.
4. If interested, www.thehostagechild.com has more on this case.
5. What the H*** is going on? A couple of unprovable charges could be explained by absent-mindedness or bad luck, but 28? I mean I get one speeding ticket and I get a warning, two tickets and I pay a fine, 3 tickets and I lose my license,… but 28?
Just trying to be helpful,,
Wow! Your piece expresses
Tue, 07/06/2010 - 00:41 β racetoinfinity (not verified)Wow! Your piece expresses the EXTREMITY of my vision of what is happening - I'm hoping it doesn't get that bad, but I agree with your analysis in most respects. It's important for all of us to speak out against the very serious abridgments of American Constitutional rights that are continuing to be expanded by the Obama administration in the name of the Orwellian war-on-terror meme word-virus implant (see Burroughs). Glenn Greenwald is another voice speaking up about this travesty. We all should be speaking up.
To clarify: My comment was
Tue, 07/06/2010 - 07:34 β racetoinfinity (not verified)To clarify: My comment was a reply to the first comment, ""In the "War on Terror," I by "EDGEOFNOWHERE".
I also want to thank Lt. Col. Wingard for the article, and laud him for speaking up along with Glenn Greenwald over at Salon.
Related to all of this,
Sat, 07/10/2010 - 14:11 β Anonymous (not verified)Related to all of this, please watch the following documentary which t is very important that everyone watch:
http://www.youtube.com/watch?v=NO24XmP1c5E&NR=1&feature=fvwp