Posts tagged Law

Dr. Anarchy Answers Your Questions: on the Presidential assassination of Anwar al-Awlaki

Dear Dr. Anarchy,

Was the al-Awlaki Killing Legal?

Sincerely,
Progressively Perplexed in Peoria

Dear PPP:

I don’t care whether the al-Awlaki killing was legal or illegal. And neither should you. If you fell in love with a man years ago, and he turned out to be a frightening, violent psychopath, and he kept trying to excuse his behavior by saying, Well, technically nothing I did was really against the law; and besides, baby, I’m just trying to keep you safe… then what you have is still a frightening, violent psychopath. It’s just that he’s a frightening, violent psychopath with a law degree instead of a conscience. I suggest that you dump him and get away as quick as safely possible.

Sincerely,
Dr. Anarchy.

PS. Legality has nothing to do with morality, and if everything our Progressive Peace President did were perfectly legal, that would only put him in the august legally-licensed company of executioners, slave-hunters, and the Einsatzgruppen SS. The problem with these Presidential assassinations — whether directed against American citizens, or against disarmed foreign captives, or (what is overwhelmingly most common) against dozens of completely innocent women and children who just happened to be trying to exist in the general vicinity of a couple people our Progressive Peace President considered supsicious enough for a missile or two — is that they are evil, tyrannical and terrifying, because they entail the President’s claim to have a right to kill literally anyone, anywhere, on his whim alone and without any possible appeal; and the reasons that that is a problem have nothing to do with what the law or any other scrap of paper says. They are murders, out-and-out murders without any pretense of restraint or accountability for the people who commit them or the presidents who order them. If they are illegal, no court of law in the vicinity will ever consider holding anyone accountable for it, and the attempt to appeal to the law is rhetorically and politically useless. If they are legal, then the law itself is a crime and an infamy, and deserves no attention at all, except to trample it underfoot.

As Charlie Davis puts it:

What’s legally permissible, remember, is not the same as what’s morally permissible: Owning human beings was once the unchallenged law of the land, while those who helped fugitive slaves — not those who brutalized them — found themselves locked away in prison cells. A Southern plantation owner could win any legal challenge to his ownership of slaves by citing a dozen federal and state statutes. That didn’t make it right. And while some abolitionists did adopt legal arguments against slavery, they never forgot their most potent case against the infamous institution: the moral one.

Forget the law. Does any person, whether a saint or a statesman, have the moral right to unilaterally take the life of another? Is it just or wise to invest in one fallible human being, or even a group of them, the power to kill and the ability to do so without so much as a rubber-stamp conviction in a military tribunal — and without fear of so much as a harsh word from establishment liberal humanitarians? The answer, I’d argue, is unambiguous: no. Allowing one man or woman the right to be judge, jury, and executioner is a recipe for totalitarianism, one that eviscerates all other human rights and the moral fiber of those who would be a party to it.

Back when slavery was as legal and respectable as blowing up Pakistani tribesmen with Predator drones is now, author and dissident Henry David Thoreau published an essay on the duty of civil disobedience in which he noted that, in fact, “Law never made a man a whit more just.” Indeed, “by means of their respect for it, even the well-disposed are daily made the agents of injustice.”

Right now, too many Americans — pundits especially — have an undue respect for statutes and precedents, leading even those on the left to speak of things such as the “laws of war,” as odd a turn of phrase as the “rules of rape.” And it’s making them agents of injustice.

—Charlie Davis @ Antiwar.com (2011-10-03): When It Comes to State-Sanctioned Murder, Morality Matters Most

See also.

Monday Lazy Linking

Friday Lazy Linking

Dick Cheney’s Greatest Hits

So this week we learned that Vice President Dick Cheney created a CIA hit squad taking orders directly from his office — a little factoid which he happened to keep secret throughout the remainder of the Bush Administration. From Reuters:

WASHINGTON (Reuters) – The CIA withheld information from the U.S. Congress about a secret counterterrorism program on orders from former Vice President Dick Cheney, a senator said on Sunday as Democrats called for an investigation. … The still-secret program, which The New York Times said never became operational, began after the September 11 attacks on the United States in 2001.

The Wall Street Journal said the secret initiative terminated by Panetta was an effort to carry out a 2001 authorization by then Republican President George W. Bush to capture or kill al Qaeda operatives.

—Reuters (2009-07-12): Cheney hid CIA program from Congress: senator

Let’s get some reactions from arch-liberal power-brokers Patrick Leahy and Diane Feinstein:

Feinstein and Democrat Patrick Leahy, chairman of the Senate Judiciary Committee, insisted no one should go outside the law.

Asked about Cheney’s alleged involvement, Leahy told the CBS program Face the Nation: I’d like to know if it’s true or not. I mean, nobody in this country is above the law … You can’t have somebody say, well, if you’re vice president, you don’t have to obey the law.

Feinstein said Congress should have been told.

This is a big problem, because the law is very clear. And I understand the need of the day, which was when America was in shock after September 11, she said on Fox. But … I think you weaken your case when you go outside of the law.

—Reuters (2009-07-12): Cheney hid CIA program from Congress: senator

Oh, well. It was wrong because it wasn’t The Law.

So, just so we’re clear, if Cheney and Bush had gotten Congress to change the federal laws so that it would be perfectly legal for the Vice President of the United States to create unaccountable secret international death squads that take orders from, and report only to the highest levels of, Executive power, would that have somehow made it alright?

Really?

See also:

Freedom Movement Celebrity Birthday Feast (this year with big round numbers)

Today is a feast day, and a jubilee celebration, declared by edict of the Ministry of Culture in this secessionist republic of one, in honor of those who have worked, and with hope for those who are working today, for the liberation of so many held captive by oppressive governments in foreign nations.

Happy 80th birthday, Martin Luther King Jr.!

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have never yet engaged in a direct action movement that was well timed, according to the timetable of those who have not suffered unduly from the disease of segregation. For years now I have heard the words Wait! It rings in the ear of every Negro with a piercing familiarity. This Wait has almost always meant Never. We must come to see with the distinguished jurist of yesterday that justice too long delayed is justice denied.

We have waited for more than three hundred and forty years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jet-like speed toward the goal of political independence, and we still creep at horse and buggy pace toward the gaining of a cup of coffee at a lunch counter. I guess it is easy for those who have never felt the stinging darts of segregation to say, Wait. But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick, brutalize and even kill your black brothers and sisters with impunity; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can’t go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see the depressing clouds of inferiority begin to form in her little mental sky, and see her begin to distort her little personality by unconsciously developing a bitterness toward white people; when you have to concoct an answer for a five-year-old son asking in agonizing pathos: Daddy, why do white people treat colored people so mean?; when you take a cross-country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading white and colored; when your first name becomes nigger, your middle name becomes boy (however old you are) and your last name becomes John, and your wife and mother are never given the respected title Mrs.; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tip-toe stance never quite knowing what to expect next, and plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of nobodiness; then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into an abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask: How can you advocate breaking some laws and obeying others? The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that An unjust law is no law at all. … So I can urge men to disobey segregation ordinances because they are morally wrong.

—Martin Luther King Jr., born 80 years ago today on January 15, 1929. This passage is excerpted from his Letter from Birmingham Jail (1963) .

Happy 200th birthday, Pierre-Joseph Proudhon!

The sovereignty of Reason having been substituted for that of Revolution,

The notion of Contract succeeding that of Government,

Historic evolution leading Humanity inevitably to a new system,

Economic criticism having shown that political institutions must be lost in industrial organization,

We may conclude without fear that the revolutionary formula cannot be Direct Legislation, nor Direct Government, nor Simplified Government, that it is NO GOVERNMENT.

Neither monarchy, nor aristocracy, nor even democracy itself, in so far as it may imply any government at all, even though acting in the name of the people, and calling itself the people. No authority, no government, not even popular, that is the Revolution.

Direct legislation, direct government, simplified government, are ancient lies, which they try in vain to rejuvenate. Direct or indirect, simple or complex, governing the people will always be swindling the people. It is always man giving orders to man, the fiction which makes an end to liberty; brute force which cuts questions short, in the place of justice, which alone can answer them; obstinate ambition, which makes a stepping stone of devotion and credulity.

…

… I do not see why I myself should submit to this law. Who guarantees to me its justice, its sincerity? Whence comes it? Who made it? Rousseau teaches in unmistakeable terms, that in a government really democratic and free the citizen, in obeying the law, obeys only his own will. But the law has been made without my participation, despite my absolute disapproval, despite the injury which it inflicts upon me. The State does not bargain with me: it gives me nothing in exchange: it simply practises extortion upon me. Where then is the bond of conscience, reason, passion or interest which binds me?

But what do I say? Laws for one who thinks for himself, and who ought to answer only for his own actions; laws for one who wants to be free, and feels himself worthy of liberty? I am ready to bargain, but I want no laws. I recognize none of them: I protest against every order which it may please some power, from pretended necessity, to impose upon my free will. Laws! We know what they are, and what they are worth! Spider webs for the rich and powerful, steel chains for the weak and poor, fishing nets in the hands of the Government.

You say that you will make but few laws; that you will make them simple and good. That is indeed an admission. The Government is indeed culpable, if it avows thus its faults. No doubt the Government will have engraved on the front of the legislative hall, for the instruction of the legislator and the edification of the people, this Latin verse, which a priest of Boulogne had written over the door to his cellar, as a warning to his Bacchic zeal:

Pastor, ne noceant, bibe pauca sed optima vina. [Pastor, for your health, drink but little wine, but of the best.]

Few laws! Excellent laws! It is impossible. Must not the Government regulate all interests, and judge all disputes; and are not interests, by the nature of society, innumerable; are not relations infinitely variable and changeable? How then is it possible to make few laws? How can they be simple? How can the best law be anything but detestable?

You talk of simplification. But if you can simplify in one point, you can simplify in all. Instead of a million laws, a single law will suffice. What shall this law be? Do not to others what you would not they should do to you: do to others as you would they should do to you. That is the law and the prophets.

But it is evident that this is not a law; it is the elementary formula of justice, the rule of all transactions. Legislative simplification then leads us to the idea of contract, and consequently to the denial of authority. In fact, if there is but a single law, if it solves all the contradictions of society, if it is admitted and accepted by everybody, it is sufficient for the social contract. In promulgating it you announce the end of government. What prevents you then from making this simplification at once?

—Pierre-Joseph Proudhon, born 200 years ago today, on January 15, 1809. This passage is excerpted from The Principle of Authority, the Fourth Study of The General Idea of the Revolution in the Nineteenth Century (1851).

Here’s to many happy returns!

(Reminders of the occasion thanks to this morning’s e-mail from The Daily Bleed.)