“Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”
— Benjamin Franklin
We’ve heard that quote over and over again in recent years, in reference to the Patriot Act, NSA wiretapping, and all kinds of things. It hasn’t lost its meaning, though, and should not be forgotten.
It has been.
I would like a defense, using the original intent of the Constitution as it was written, for a recent decision by the Supreme Court. They have refused to hear the case of Khaled el-Masri brought against the CIA, claiming that he was abducted and tortured in a case of mistaken identity.
The government is claiming that to allow the case to go forward would compromise national security. This is a man whose life has been ruined. He has had many legal problems since his release, tied to mental health issues that he claims are related to having been tortured and held by the US government.
I know the case law. I’ve read it. I deny its legitimacy in just the same way that I deny Roe v. Wade. If you’d like to make up your own mind, feel free:
U.S. v. Reynolds, et al., 73 S. Ct. 528, 345 U.S. 1 (1953)
I find it indefensible, using the original intent of the Constitution. Never did the Founding Fathers intend to allow the government to assert that it had a right to hide information in order to avoid liability in how other people’s rights are trampled. An interesting footnote is that when the Reynolds documents were eventually declassified, there were found to be no secrets. What happened was that the “state secrets” privilege of the government was asserted to enable a cover-up of actual negligence.
This was the same thing done to Canadian citizen Maher Arar, whom we deported to Syria to be tortured. He was denied legal recourse, as well, as we claimed national security reasons. Link to his story on the blog roll or here, if you’d like. (And I think that every American should know this story.)
What is our government doing that has to be kept hidden? Where does it gather the authority to keep it hidden?
And when are we, as a people who say that we love freedom, going to demand that our nation’s government treat people in accordance with basic human rights?
What would we say if any nation abducted an American citizen and held him, inflicted injuries upon him, and then turned him loose saying, “Oopsies, you’re not the guy we thought you were”?
The ACLU is on el-Masri’s side in the case. In this one, I have to side with the ACLU, then. As near as I can tell, they’re the ones defending the Constitution and the Founders’ intent.
