Isn’t it great to know that the intellectual bodyguard of the party currently in power in Washington stands for limited government and individual liberty? So much so that when Ted Kennedy–one of their most hated opponents, but also a man a man whose presence on an aeroplane poses no threat to anyone else–is prevented from boarding a plane because of a secret, unaccountable, government no-fly list forced on private airline companies by the fiat of the Executive Branch of government, and which has been repeatedly used in acts of political harassment, one can certainly count on them to make a bold, principled denunciation of this shameless invasion on civil liberties by a overbearing government. For example, here’s National Review Online on the incident:

TOO GOOD TO BE TRUE [Steve Hayward]

Ted Kennedy on the no-fly list? Supply your own punchline.

Posted at 08:12 PM

Ho, ho, ho. Nor is this the first time that American conservatism has extended this sort of charity towards Mr. Kennedy:

So, I ask the question – is Senator Kennedy a traitor who says things which give aid and comfort to the enemy, or is he just plain and simple stupid? There are no other options on this – pick one, or the other.

…

Let us be clear about this — there are legitimate criticisms to be made about the liberation of Iraq; about whether or not we should have gone in, and about the manner in which we went in, and about how we have performed since we went in; there are, however, no legitimate criticisms to be raised about the reason we went in, nor can there be any legitimate point for an American to make other than that we should be doing more to win this fight. To criticise the reasons we went in and/or to do anything which indicates an unwillingness to see this thing through to final victory is the statement of a fool, or a traitor. No two ways about it.

We’ve given the left a pass long enough — its [sic] time for those who are of leftwing opinion to make their final call: which side of the river are you on? If you’re on America’s side, then you want total and overwhelming US victory — and just to really spell it out; this means that our enemies are dead or begging for mercy. I challenge you — choose, and let you be known for what you are by what you choose — patriot, or traitor.

— Blockheads for Bush 2004/04/09: Is this treason, or stupidity?

I have to disagree, though, with Jeffrey Tucker’s suggestion that this sort of good-hearted charity and principled defense of liberty is a new trend in modern-day conservatism. It is actually a long-standing tradition of the Right, from the Old Right’s defense of peace and prosperity for all:

When in the course of human events it becomes necessary to abolish the Negro race, proper methods should be used. Among these are guns, bows and arrows, slingshots and knives…. All whites are created equal with certain rights, among these are life, liberty and the pursuit of dead niggers.

— Senator James Eastland, addressing a rally of the White Citizens Council in 1956

… to the vigorous defense of liberty and principled opposition to all forms of invasive power by the leading lights of the New Right, such as the folks behind the National Review:

the thus far invincible aggressiveness of the Soviet Union imminently threatens U.S. security, … we have to accept Big Government for the duration–for neither an offensive nor defensive war can be waged given our present government skills, except through the instrument of a totalitarian bureaucracy within our shores…

And if they deem Soviet power a menace to our freedom (as I happen to), they will have to support large armies and air forces, atomic energy, central intelligence, war production boards, and the attendant of centralization of power in Washington — Even with Truman at the reins of it all.

–William F. Buckley, The Commonweal, 25 January 1952

Thank God Above for the Right: they’ve been staunch defenders of an orderly freedom for lo these many years. And by orderly freedom, of course, I mean the freedom to take orders from an all-powerful righteous government. Or else.

Further reading

• GT 2004/04/10: Aid and Comfort
• Murray N. Rothbard: Buckley Revealed
• Jeffrey Tuckery: The Violence of Conservatism

(I owe the link on Al-Jazeera to Roderick’s News from the Front)

Now that Saddam Hussein’s tyrannical regime is nothing more than a terrible memory, and resistance to the new, friendly, liberal regime is just about almost sorta kinda crushed, we can no doubt look forward to dramatic progress toward the creation of a vigorous, free, American-style democracy in Iraq. For example:

BAGHDAD, Iraq (AP) – Police ordered Al-Jazeera’s employees out of their newsroom Saturday after the Iraqi government accused the Arab satellite channel of inciting violence and closed its office for 30 days.

Iraqi Interior Minister Falah al-Naqib said the closure was intended to give the station a chance to re-adjust their policy against Iraq.

They have been showing a lot of crimes and criminals on TV, and they transfer a bad picture about Iraq and about Iraqis and encourage criminals to increase their activities, he said. We want to protect our people.

from Iraqi Government Shuts Al-Jazeera Station, the Guardian 2004-08-08

You might think I’m just being sarcastic–and very heavy-handedly so. Not at all: I really do think that, in spite of many obvious differences, the new state of Iraq and the polity of the United States are growing more alike with every passing day:

Michael Moore may be prevented from advertising his controversial new movie, Fahrenheit 9/11, on television or radio after July 30 if the Federal Election Commission (FEC) today accepts the legal advice of its general counsel.

At the same time, a Republican-allied 527 soft-money group is preparing to file a complaint against Moore’s film with the FEC for violating campaign-finance law.

In a draft advisory opinion placed on the FEC’s agenda for today’s meeting, the agency’s general counsel states that political documentary filmmakers may not air television or radio ads referring to federal candidates within 30 days of a primary election or 60 days of a general election.

The opinion is generated under the new McCain-Feingold campaign-finance law, which prohibits corporate-funded ads that identify a federal candidate before a primary or general election.

. . .

The FEC ruling may also affect promotion of a slew of other upcoming political documentaries and films, such as “Uncovered: The Whole Truth About the Iraq War,” which opens in August, “The Corporation,” about democratic institutions being subsumed by the corporate agenda, or “Silver City,” a recently finished film by John Sayles that criticizes the Bush administration.

. . .

Since the FEC considers the Republican presidential convention scheduled to begin Aug. 30 a national political primary in which Bush is a candidate, Moore and other politically oriented filmmakers could not air any ad mentioning Bush after July 30.

from Fahrenheit 9/11 ban?, The Hill 2004-06-24

Welcome to the new Iraq and the new America: where democracy is defended by giving the State massive new powers over citizens, and where speech is free as long as you don’t criticize the government.

One more thing before I go. Thanks to Max, I’ve learned that Atlanta’s Hartsfield airport is so abominably congested that it made the international news.

ATLANTA (AP) – Thousands of frustrated travelers waited in two-hour-long lines to pass through security Tuesday morning at Hartsfield-Jackson Atlanta International Airport, slowed by a rush of business and post-holiday passengers.

Until the crush cleared up by early afternoon, departing travelers at the country’s busiest airport stood in a labyrinthine line that wound through ticketing and baggage claim areas and the food court before even nearing the security gate. … Lines also have spilled outside at least twice in the last month. …

By early afternoon, travelers’ waiting time was down to about 10 minutes, but airport officials say people should expect more long lines on busy travel mornings throughout the summer.

from The Guardian 2004-06-01

What is causing such insane bottlenecks? Federal bureaucracy, of course–did you really have to ask?

Hartsfield-Jackson officials have warned for months they could not handle the summer travel crush without extra help from the federal Transportation Security Administration. … The airport has asked for more security lanes but the four additional lanes now being built haven’t been completed. All 18 security lanes were in use Tuesday.

Airport managers are also waiting for 59 more screeners promised by federal authorities. …

Travelers wondered whether security measures should be loosened now that air travel has bounced back to pre-9-11 levels.

Quincy Osborne, who was headed to the Cayman Islands for a vacation, expected to miss his flight even though he arrived at the airport three hours early.

Not everyone should be considered a threat, he said. Look, you see the elderly, little kids, expectant mothers. They should think of another way to do this.

from The Guardian 2004-06-01

Your thought for the day comes courtesy of M. Pierre-Joseph Proudhon; this one goes out to all the folks waiting in line in Atlanta:

To be GOVERNED is to be watched, inspected, spied upon, directed, law-driven, numbered, regulated, enrolled, indoctrinated, preached at, controlled, checked, estimated, valued, censured, commanded, by creatures who have neither the right nor the wisdom nor the virtue to do so. To be GOVERNED is to be at every operation, at every transaction noted, registered, counted, taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished, prevented, forbidden, reformed, corrected, punished. It is, under pretext of public utility, and in the name of the general interest, to be place under contribution, drilled, fleeced, exploited, monopolized, extorted from, squeezed, hoaxed, robbed; then, at the slightest resistance, the first word of complaint, to be repressed, fined, vilified, harassed, hunted down, abused, clubbed, disarmed, bound, choked, imprisoned, judged, condemned, shot, deported, sacrificed, sold, betrayed; and to crown all, mocked, ridiculed, derided, outraged, dishonored. That is government; that is its justice; that is its morality.

—P.-J. Proudhon, General Idea of the Revolution in the Nineteenth Century (trans. John Beverly Robinson), Epilogue ¶ 39

Thanks to our War President, equating political dissent with an act of treason has become something of a national pastime in Republistan. Tom Tomorrow has already commented on this phenomenon in connection with televised sociopath Ann Coulter, but while Coulter is certainly a dangerous lunatic there is at least this one point in her favor: a significant part of her book is devoted to documenting what she takes to be overt acts of war, and material assistance to the enemies of the United States (especially the Soviet Union). Of course, her case is based mainly on distortions, fabrications, and nonsense; but it still puts her a step above the foot-soldiers of tyranny who simply drag out the language of “aid and comfort to the enemy” explicitly and directly on the basis of nothing more than peaceful dissent from the President’s war policy.

Consider, for example, a fellow named Dan Kuykendall, who (during my time in the Auburn Peace Project) decided that it would be best to notify the Opelika-Auburn News that rallies opposing the war on Iraq give aid and comfort to the enemy, and mused that Isn’t the definition of treason giving aid and comfort to the enemy? Since then, the rhetorical tactics haven’t changed much; consider this contribution to Blockheads for Bush, commenting on Ted Kennedy’s recent missives against Mr. Bush’s war:

Let us be clear about this – there are legitimate criticisms to be made about the liberation of Iraq; about whether or not we should have gone in, and about the manner in which we went in, and about how we have performed since we went in; there are, however, no legitimate criticisms to be raised about the reason we went in, nor can there be any legitimate point for an American to make other than that we should be doing more to win this fight. To criticise the reasons we went in and/or to do anything which indicates an unwillingness to see this thing through to final victory is the statement of a fool, or a traitor. No two ways about it.

We’ve given the left a pass long enough – its [sic] time for those who are of leftwing opinion to make their final call: which side of the river are you on? If you’re on America’s side, then you want total and overwhelming US victory – and just to really spell it out; this means that our enemies are dead or begging for mercy. I challenge you – choose, and let you be known for what you are by what you choose – patriot, or traitor.

(Subsequent comments make it clear that most of the Bush League takes the traitor horn of the dilemma. Some offer the charitable suggestion that Ted Kennedy might be both stupid, and a traitor.)

I sent a letter to the editor of the Opelika-Auburn News in reply to Mr. Kuykendall back in April 2003; since the underlying rhetoric hasn’t changed any in the ensuing year, the reply was a useful template for my comment on the BfB article:

Treason is a federal crime, defined in Article III, Section 3 of the Constitution, which says Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Apparently at least some of the commentators on this weblog have read the passage, as they refer to the aid and comfort language. Unfortunately, it seems that they have also failed to read Amendment I, which reads Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The Founders did their best to make very sure that the Constitution prevented the government from using charges of Treason to suppress peaceful dissent. That is why the language of the article clearly states that the law of treason to be invoked only for overt acts with the intent to wage war on the United States, or to provide concrete, material assistance to those who do.

If anyone has evidence that Ted Kennedy has committed such a serious federal crime, they should contact the FBI field office in Boston at (617) 742-5533. Otherwise, baseless insinuations against Mr. Kennedy, for nothing more than disagreeing with George W. Bush’s foreign policy, amounts to little more than a shameful proposal for tyranny. You have every right to agree or disagree with Mr. Kennedy’s policy; you have no right to make such scurrilous attacks against fellow citizens on the basis of mere political disagreement.

Posted by: Rad Geek at April 10, 2004 11:51 AM

The comment has been posted directly on the Blockheads for Bush article; we’ll see how long it remains in their echo chamber as it was posted.

It’s been a rough century for the Bill of Rights. It started out with Woodrow Wilson’s totalitarian Espionage and Sedition Acts, proceeded through Franklin Roosevelt’s mass jailing of dissidents and the Vietnam era’s brutal COINTELPRO, and has ended up with Bush Jr.’s USA PATRIOT Act, suspension of habeas corpus, and periodic attempts to push through even more totalitarian surveillance legislation. My intent, however, is not to retell the rather disgusting tale of assaults on civil liberties during wartime (that tale is retold nicely enough by Justin Raimondo, in the context of the John Walker Lindh trial). Rather, I want to wish a belated happy birthday to that good old parchment barricade against tyranny. December 15, 2003 was the 212^th anniversary of the passage of the first ten Amendments to the Constitution.

The Executive Branch has not been very kind to the Birthday Bill. Consider, for example, that most famous of amendments:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

And another Amendment, less frequently cited but no less important, which the Founders considered absolutely essential to preventing monarchial tyranny from the Executive:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Consider, on the other hand, the conduct of the FBI — and not just the conduct, but the overwhelming sense of entitlement — in pissing all over both of these barricades for liberty:

What a completely surreal evening I had last night. As I’d mentioned, I reluctantly dropped John off at the airport around 4pm or so. I went with him to the baggage counter and waited while he filled out the paperwork to declare his firearms, walked with him to the security line, and kissed him goodbye. I thought I might need some distraction, so I had agreed to meet some friends for dinner at 7pm. I went home, changed, and then headed to the restaurant. Just as I pulled into the parking lot, my cell phone rang.

I said hello, and a polite stranger asked if I was [my name], identified himself as a police officer, then asked if I was safe and okay. My forehead wrinkled, and I said I was. The officer then asked if I knew John, and whether he had (a) been staying with me this past week and (b) brought firearms with him for the purpose of shooting at the local range. I said yes to both, and jumped to the conclusion that John must’ve not cleared each and every gun — I know I’m obsessive about checking mine when I travel — it wouldn’t be unreasonable for him to have left one magazine in when dealing with the number of guns he brought with him. So the officer then asked if I’d mind coming to the airport to talk to him.

. . .

They told me that John was in a little trouble. They dodged my questions at first, and then said he had brought a firearm with him that he had not declared. The way in which they said it implied that he had a gun I hadn’t seen, that it was loaded, and that it was on his person. They didn’t outright say any of those things — but they very adroitly led me right to that conclusion. Then they started asking me questions. Who was I, how did I meet John, what were our political views, did we meet with others who might have similar political views on his visit… lots of things that were clearly leading right to the idea that he was some sort of militia nut who was here on a recruiting mission or some such.

They started out treating me like some poor stupid femme who’d been unknowingly lured into some sort of illicit affair with a Very Dangerous Fellow. On top of that, both were extremely flirty. They seemed to think that I didn’t know John had any guns with him. When I said I did, they wanted to know how many and what types. Then whether I knew that he had illegal high capacity magazines with him. I said that so far as I knew, all of his high-cap mags were pre-ban and thus not illegal. They asked if I knew he’d made modifications to his guns. I said sure, he’d put a new trigger in his Glock while he was here. Stupid, stupid questions calculated to make me think he was some sort of maniac.

Then they moved on and asked me if I knew what kind of literature he had with him.

Fortunately, this is not just a jeremiad about the decline and fall of civil liberties in America. The Executive branch is not the only branch of government there is (gee, it’s almost like they designed the Constitution with this sort of thing in mind…), and the news is not all doom and gloom. In particular, two federal courts have given the Bill of Rights a belated birthday present, by striking down the Bush administration’s assaults on habeas corpus and the Fourth Amendment in the case of Abdullah al-Mujahir (nee José Padilla) and the internment camp at Guantanamo Bay.

The Bush administration, of course, is not about to take this lying down, and they are planning to appeal this up to the Supreme Court if they have to. Good — let the battle be joined, just in time for an election year when the Left and civil libertarians need to mobilize. In the meantime, take a moment to celebrate. Give the Bill of Rights a reading, and say a thank you to the Second and Ninth Circuit Courts of Appeals. Happy birthday Bill of Rights — and here’s hoping for many happy returns.

For further reading:

• GT 2002-08-10: Judge Doumar has made his ruling; now let him enforce it.
• GT 2002-06-11: An Important Update from the War Information Council