Civil Liberties

Public Safety And National Security Versus Right To Privacy

Libertarians and Barack Obama critics are up in arms over the National Security Agency and the Federal Bureau of Investigation authority to gain records of phone calls, emails, voice mails, and all other evidence that could possibly prevent future terrorist attacks, claiming it is a loss of the right to privacy, and that privacy should overrule public safety and national security.

But, as much as this author wishes we lived in a world without terrorism, the reality is that the number one priority of the government is to promote public safety and national security, and if one is NOT engaged in terrorist or criminal activity, what do we have to hide from the government? Why such a protest if nothing we are doing is illegal?

Believe me, after Benghazi, we see the reaction because we failed to stop a terrorist attack, but now some of the same critics are trying to stop the government from protecting Americans on the false idea that somehow, we all have something to hide, and that the government should not be able to track terrorist or criminal actions, in the name of that privacy.

When we discover, however, that liberals from Diane Feinstein on the left to Lindsey Graham on the right, and all of the Intelligence Committee members of the US House of Representatives and US Senate knew about this, and approved of it, the screams and yells of people such as Rand Paul, who lives in his own fantasy world, ring hollow, as making a person such as him our President would undermine our public safety and national security, and we are not about to do such a stupid thing as to consider such a wing nut as Paul for the Presidency!

It is better to do what the NSA and FBI are doing, than it was to torture suspects in the way that George W. Bush promoted, as it will protect our nation, and yet uphold our belief in international law and common decency by the banning of torture methods which produce little substantial evidence, but shame us in the eyes of the world!

In history, Barack Obama will be seen as doing what was necessary and essential, just as much as Abraham Lincoln was bitterly attacked during the Civil War, but is now seen as justified in his restrictions on civil liberties!

Momentous Supreme Court Month Coming Up: Gay Marriage, Affirmative Action, Voting Rights Act Cases To Be Decided

The United States Supreme Court is entering its last month of the present session, and as usual, is leaving its most blockbuster decisions to the last weeks of its term.

Every June is momentous on the Supreme Court, as for instance, the upholding of the Obama Health Care Plan last June.

But this June is possibly more crucial when looking at history, as well as the issue of civil rights and civil liberties!

The most important cases are on Gay Marriage, Affirmative Action, and the Voting Rights Act of 1965.

With so much at stake, with 13 states having legalized gay marriage, and more to come in the next year, it would be wonderful if the Supreme Court went the whole distance, as it did in Loving V. Virginia on interracial marriage in 1967. It would be a major victory for civil rights and civil liberties, and stop the right wing attempt to fight gay marriage dead in its tracks! The hate mongering would go on, but if the Court ruled that two men or two women can be married, it could not be overcome by religious extremists by law!

Affirmative Action has been in effect since 1972, and remains highly controversial, but is now in danger or being ended as a method to promote the advancement of minority groups and women.

The Voting Rights Act, first passed in 1965, and renewed in 1982 and 2006, is now in danger of being curbed or ended, on the false basis that the record of Southern and other states on voting rights in the past no longer applies, but that leaves open the possibility of new voting rights violations in the future.

It is assumed that there are four votes on the Court to uphold all three cases–those of Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, and Elana Kagan.

It is also assumed that three votes to prevent gay marriage and end affirmative action and the Voting Rights Act are certain–those of Antonin Scalia, Clarence Thomas, and Samuel Alito.

It would be a major surprise if any of these seven votes ended up differently.

The two “swing” votes are those of Chief Justice John Roberts, who has become somewhat unpredictable after, surprisingly, backing ObamaCare last June; and Associate Justice Anthony Kennedy, the true “swing” vote alone, since Sandra Day O’Connor left the Court seven years ago.

Will Kennedy side with the liberals on the Court on all three cases? It seems highly unlikely at this point, but a good bet on gay marriage at the least, but the Court could choose to decide that case in a very limited manner, not an all encompassing decision.

We shall see on all three cases very soon!

50th Anniversary Of Civil Liberties Victory: Gideon V. Wainwright!

Fifty years ago today, the United States Supreme Court made one of its most important civil liberties decisions in American history, and in the history of the Warren Court.

Chief Justice Earl Warren, appointed by President Dwight D. Eisenhower in 1953 to lead the Supreme Court, and doing so for sixteen years until his retirement in 1969, led a Court that greatly expanded civil liberties in so many ways, and had an impact beyond the retirement of Warren himself.

Gideon V. Wainwright would guarantee that all criminal suspects were entitled to a court appointed lawyer in court if they were indigent, as to do otherwise would deny equal justice under the law.

It meant that lack of financial assets, or a state of poverty, would not prevent someone accused of a crime from having representation in court.

Many might not think this could apply to them in some future scenario, but this was an important victory for civil liberties and human rights, and would have the effect of equalizing the balance between prosecutors and defense in a criminal court case, and that is a good thing for the image of equal justice under the law!

The Centennial Of Woodrow Wilson’s Presidency: A Time For Debate Over His Legacy

A century ago day, Woodrow Wilson was inaugurated as the 28th President of the United States,and helped to transform the Presidency in massive ways, some good and some bad.

Wilson has been under attack in the present climate of conservative attacks on reform oriented Presidents, including Theodore Roosevelt, Franklin D. Roosevelt, Lyndon B. Johnson, and Barack Obama.

The facts are that Wilson, FDR, and LBJ were the three most accomplished Presidents in domestic affairs, but with plenty of criticism about their handling of wars and the domestic relationship to those wars.

Wilson accomplished the most domestic reform of any President before him, taking on parts of Theodore Roosevelt’s New Nationalism agenda on the Progressive Party line in 1912, adding it to his own New Freedom legislative ideas.

So Wilson’s time saw the following:

Underwood Simmons Tariff

Federal Reserve Act

Clayton Anti Trust Act

Federal Trade Commission

Keating-Owen Child Labor Act

La Follette Seamen’s Act

Adamson Act (eight hour work day in interstate transportation)

Federal Farm Loan Act

Some of this did not work out well long term, and additionally, Wilson had major negative policies dealing with:

Woman Suffrage—opposing an amendment (although it came about despite him in 1920, via the 19th Amendment).

Race Relations—clearly racist policy of imposing Jim Crow segregation in Washington, DC; unfair treatment and recognition of African American sacrifices in the World War I effort; and endorsement of an openly racist film, D W Griffith’s BIRTH OF A NATION, which portrayed the Southern view of Reconstruction, a myth of long standing, which finally was proved inaccurate in the past half century of historical research and writing.

Civil Liberties Violations— including arrest and imprisonment of Socialist Party leader Eugene Debs for opposition to the draft and American involvement in World War I; the Espionage and Sedition Acts; and the Palmer Raids after the war.

In foreign policy, Wilson engaged in “Missionary Diplomacy” including interventions in Haiti, and more significantly in Mexico, attempting to pursue Pancho Villa for a raid across the border into Columbus, New Mexico, the worst incursion in American territory since the War of 1812. And of course, the controversy over Wilson and our entrance into World War I continues even today, and the whole debate and divisiveness over the Versailles Treaty and League of Nations in 1919-1920.

Additionally, being incapacitated by a stroke, but being unwilling to hand over temporary power to Vice President Thomas Marshall, and allowing his wife to run cabinet meetings, is another major issue in assessing Wilson’s Presidency.

So Wilson is a “very mixed bag” as a President, but usually is ranked in the bottom of the top ten of our Presidents, specifically because of his long range influence on America, rare among Presidents, for good or for bad, and there is clearly plenty of both!

The Right Wing Attack On Everything Imaginable!

The Right Wing media propaganda machine has become “expert” at attacking everything imaginable that they consider to be “liberal”, “progressive”, “socialist”, “communist”, or any other left wing ideology they can dream up, and managing to put all of these widely differing philosophies together as stereotypes.

So in no special order, the following have come under attack in a vicious manner over time:

Welfare recipients
Food Stamp recipients
Uninsured people
The Homeless
The Poor
The Unemployed
Foreclosed Homeowners
The Working Poor
The Working Class
The Middle Class
Social Security
Medicare
Medicaid
Teachers
College Professors
Liberal Intellectuals
Liberal News Media
Hollywood
Firefighters
Police Officers
Public Service Workers
Labor Unions
Voting Rights
Women’s Rights
Undocumented Immigrants
Gays and Lesbians
Muslims
Environmentalists
Civil Rights Groups
Civil Liberties Groups
Planned Parenthood
Federal Government Agencies
National Public Radio
Public Broadcasting System
ObamaCare
Science
Hillary Clinton
Michelle Obama
Joe Biden
Barack Obama

Probably some have been left out, but this is a list which demonstrates the total negativity of the right wing, and why America is rejecting them in their voting behavior!

Drones Policy Of Barack Obama A Very Troubling Issue For Civil Libertarians

The government memorandum obtained by NBC that justifies the use of predatory drones against American citizens overseas presents a real quandary for civil libertarians.

Since September 11, 2001, in the name of national security, we have seen the administration of George W. Bush and Dick Cheney justify the use of “enhanced interrogation” and torture to gain information from suspects believe to be allied with Al Qaeda, and these suspects imprisoned in some cases now for a decade without any legal representation. Civil libertarians have condemned this violation as accomplishing little, except to besmirch the American image, and creating future generations out to attack America in revenge for such harsh treatment.

But now the administration of Barack Obama, led by John Brennan, who has been Chief Counter Terrorism adviser to the President, and is the nominee to be head of the Central Intelligence Agency.,has been engaged in the use of predatory drones to kill Americans overseas believed to be working with Al Qaeda, including Anwar Al Awlaki in Yemen, alleged to be involved in plots against the United States, and his son, killed in Yemen in a drone strike a couple of weeks after his father was killed in September 2011.

Critics would say that Awlaki should have been apprehended, brought to trial, and evidence presented publicly of his involvement in conspiracies, and that basic American values under the Bill of Rights were denied, and that his son was killed because of guilt by association, an even more egregious abuse of civil liberties.

The condemnation of Bush and Cheney has not been matched by condemnation of Obama, which makes it seem like pure politics.

This is, of course, not the first time Presidents have been engaged in violations of civil liberties, but with politics often determining the response.

Other Presidents who became involved in civil liberties violations include Abraham Lincoln during the Civil War; Woodrow Wilson in World War I; Franklin D. Roosevelt in World War II; and probably every President since in the Cold War period; and Bill Clinton, George W. Bush, and Barack Obama in the Age of Terrorism.

It is a complex issue, as certainly, the national security is at stake in wartime, and we could define what we are in now as an age of war, even though most Americans do not think of it that way, since there is no draft, as in other war periods until 1973.

One could also say that there could be trust of Barack Obama for some, while no such trust existed for George W. Bush. But the danger of such trust is that once policy is justified, how does one have the ability to retract that trust and implied right to be involved in such civil liberties abuses, for future Presidents, who we may not trust?

Therefore, this policy of using drones against American citizens is a very disturbing and troubling issue, which will expand the ability of the government to be judge, jury, and executioner of its own citizens overseas, and who knows, maybe one day in American territory itself!

Sadly, it turns out that Osama Bin Laden has triumphed in undermining America’s Constitution and Bill or Rights by what he wrought on September 11, 2001, and all Americans are the losers in this tragedy!

The Recklessness And Lack Of Responsibility Of Professor James Tracy Of Florida Atlantic University: How Should We React To It?

Professor James Tracy of the Department of Communications at Florida Atlantic University in Boca Raton, Florida, where this author has been an Adjunct Professor of History and Political Science since 1989, has become the center of a massive controversy in the past few days. Let me inform my readers that I do not know Professor Tracy, have never met him, and did not even know what he looked like until this controversy erupted!

Tracy has claimed that he believes that the Sandy Hook Elementary School Massacre of December 14 in Newtown, Connecticut, was a staged event conjured up by a conspiracy of the Obama Administration in cahoots with the news media and trained actors, and that since there is no released photographic evidence of the riddled bodies of 20 children and six teachers and administrators, therefore the event never happened!

This is obviously a lunatic theory, a conspiracy theory that believes that the government and the news media work together to lie to the American people, and to cause staged events to add to the power of the American government at all levels, in their aim to take away the civil liberties of the American population. It is never explained why the news media would collaborate in such a conspiracy, as criticism of government is a regular situation by the news media all across the country!

Tracy is intellectually dishonest, and in his heart of hearts, he knows that what he has done is horrific, irresponsible, reckless, unforgivable, and only feeds gun fanatics who wish to act in a manner similar to Alex Jones, who went on Piers Morgan’s show on CNN, and ranted and raved about plans to begin another “1776” event, through an armed uprising against government authorities.

Tracy is feeding paranoia, adding his title as a professor to promotion of conspiracy theories, and is undermining respect for our government leadership at all levels. He is acting as a demagogue, a man who incites crazies with his nutty utterances on his blog and in emails.

But the problem is that some would say this man should be fired by the university, which has taken the proper stand to separate themselves from his reckless, irresponsible statements, but point out that his viewpoints are not associated with the university, therefore upholding his First Amendment rights to freedom of speech.

The best thing that could happen, but is unlikely to occur, is that Tracy, a tenured Associate Professor, choose to resign from Florida Atlantic University, but his notoriety makes it unlikely that he would be picked up by another university, and this is his livelihood. Freedom of expression and academic freedom cannot be violated nor abrogated!

So we must be willing to tolerate his outrageous statements in the name of civil liberties, and know that he will certainly be living a life of discomfort for his utterances, and his lack of concern for the harm he is doing to the families of the 20 children and six teachers and administrators who were tragic victims nearly a month ago!

But despite anger, no one should threaten his life, or write hateful emails to this professor, but instead ignore him as quickly as possible, as that is ultimately what Professor Tracy feeds on—attention, although of a negative variety—which makes one wonder about his own mental state, and the hope that he does not have ownership of any guns or other assault weapons!

Evaluating Woodrow Wilson A Century After His Election To The Presidency, And On His 156th Birthday Commemoration!

Woodrow Wilson, our 28th President, was born on this day in 1856, and was elected President in the four way race of 1912, running against Theodore Roosevelt, William Howard Taft, and Eugene Debs, arguably the most exciting Presidential election in American History.

The President with the least government experience, only two years as Governor of New Jersey; the only earned PH. D. to become President; the first President elected who grew up in the South (Virginia) since the Civil War; the President to face the greatest war crisis since Abraham Lincoln; the President who emphasized the importance of international affairs and the need for an international organization to promote peace; the President who was the culmination of the Progressive reform movements of the early 20th century; and the President who promoted successfully his domestic agenda, and then took on Theodore Roosevelt’s even more advanced progressive ideas and made them his own—this President has also been bitterly attacked by many for his shortcomings in many areas, and particularly has been viciously attacked by right wing conservatives, including Glenn Beck and George Will, who have torn his image to shreds.

Well, the question is whether the attacks on Wilson are fair and just, so that requires a careful examination of the positive and negative aspects of his Presidency.

Let’s start with the negative points that can be made about Wilson, and they are plenty!

1. Wilson was a white supremacist, despite his stellar education, and failed to treat people of African, Asian, and Latin American heritage in a dignified way, whether in the nation or with foreign nations overseas. His treatment of China, Japan, Mexico, Haiti and governments of other nations outside of Europe were treated in an insensitive and unacceptable manner, and he issued an executive order mandating segregation of the races in Washington, DC, and failed to recognize the contributions of soldiers of other than the Caucasian race during World War I. He legitimized and set back mistreatment of African Americans for another thirty years, until progress was made by President Harry Truman after World War II.

2. Wilson, inexplicably, opposed the woman suffrage movement, and had suffragettes arrested for disturbing the peace in their marches on Pennsylvania Avenue near the White House. Theodore Roosevelt had proposed this constitutional change in his 1912 Progressive Party campaign, but Wilson never moved in that direction on his own. Despite his opposition, the 19th Amendment was added at the end of his term in 1920.

3. Wilson had a horrible record on civil liberties in wartime, promoting passage of the Espionage Act, Sedition Act, and numerous other laws violating freedom of speech and press. He displayed total intolerance toward critics, once America was at war, and is regarded as one of the absolutely worst Presidents on the subject of civil liberties overall for his eight years in office.

4. Wilson was intolerant of opposition in Congress, refusing to work with Republicans when events worked against him, and tended to see things in religious terms, with him having God behind him, and often invoking religion in his speeches and comments. So he was seen as manipulative and deceitful in his actions and words that took us to ultimate war in 1917, and refused to negotiate on the Versailles Treaty after the war.

5. Wilson had a supreme, and self righteous ego, and this made him blind to reality much of the time, as when he had a severe paralytic stroke, but refused, along with his second wife, to keep Vice President Thomas Marshall informed, or to consider resigning in 1919-1921 so that the nation would have a President capable of leading the nation in the difficult post war days, when Attorney General A. Mitchell Palmer led the Red Scare or Palmer Raids, another massive violation of civil liberties, which helped to spur the creation of the Civil Liberties Union in 1920. The nation was basically leaderless for a period of 18 months, as Wilson slowly recovered and even thought of running for an unprecedented third term despite his poor health.

Now to the positive side of Woodrow Wilson!

1. Wilson was the most successful President in domestic policy achievements up to his time in office, and only surpassed later by Franklin D. Roosevelt in the 1930s and Lyndon B. Johnson in the 1960s. He accomplished all of his original domestic agenda, including legislation that has stood the test of time, despite criticism by conservatives and Republicans over the years, including the Federal Reserve Act, the Federal Trade Commission Act, and the Clayton Anti Trust Act, as well as the first attempt at so called “free trade”, the lowering of tariff walls on foreign goods.

2. Wilson also accomplished the passage of laws originally promoted by Theodore Roosevelt in 1912, including the temporary end of child labor, protection for some workers on hours, workers compensation, and the protection of the merchant marine workers who are employed on ships offshore. Also, the first real attempt at agricultural aid to farmers to encourage expansion of acreage and the buying of new equipment, was also an idea promoted by TR. Basically, Wilson adopted much of the Populist Party and Progressive Party agenda of earlier times, and brought Progressive reform to its peak in the period before the conservative 1920s.

3. Wilson dealt with a war that was the most massive for America in 50 years, and was skilled enough to keep America out of war for two years and eight months after World War I began in Europe, but his role in the eventual entrance of America is still highly disputed even today, seen by some as dishonest and deceptive, but praised by many others as the best one could have expected.

4. Wilson had a vision of a peaceful post war world, and saw an international organization, the League of Nations, as the most important accomplishment of the Treaty of Versailles, and was stunned by the rejection of the US Senate to any international commitment, with America going into isolation. But his vision came to fruition a generation after his passing, with the establishment of the United Nations, but with many conservatives and Republicans bitterly opposed today in the US involvement in that international organization.

5. Wilson comes across, despite his many faults and shortcomings as worthy, in the minds of most experts, to be rated in the top ten of all Presidents–number 6 in the C Span 2000 poll and number 9 in the 2009 C Span Followup poll, and this despite bitter condemnation by so many right wing sources who only emphasize the evil side of Wilson, and give him no credit for his accomplishments. There is no question, however, that he had an important impact on the growth of Presidential power, the exact reason why the right wing hates his guts.

This blogger and author understands the mixed legacy of Woodrow Wilson, but still sees him as an influential President, who still impacts America a century after his first election to the Presidency!

So Happy Birthday, President Wilson, a man we will hear a lot about as we commemorate the major events of his administration over the next eight years from March 4, 1913, to March 4, 1921!

The Military Industrial Complex Gone Wild And Reckless! Time For Accountability For Corporate And Military Leadership!

In his Farewell Address in January 1961, President Dwight D. Eisenhower warned of the dangers of a “Military Industrial Complex” that would undermine our national security, civil liberties and basic ethical standards, as well as monopolizing the American economy.

Eisenhower was so prophetic, and it is slapping us in the face more and more every year!

Not only have big business corporations gained unheard of control over the American economy, but they have also corrupted our political system, and sadly, the Supreme Court, controlled by conservative Justices who had no concept of the true meaning of the Constitution, have hijacked our democracy through the Citizens United Case!

And the military has become corrupted too, and not just in abuses practiced in wartime, but also in the personal behavior of the top officials of our military. It is shocking that General David Petraeus and General John Allen are caught in highly inappropriate contact with women, who might have compromised these powerful men in the area of national security and the fight against terrorism.

It is not a question of morality per se, but rather of judgment, as people at the top of the military cannot afford to be reckless in their behavior, because it does not just affect their wives and families, but also all of us in this nation!

It was not acceptable with President Bill Clinton, and it is no more acceptable in the head of the Central Intelligence Agency or the head of our troops in Afghanistan!

But this is due to the fact that we tend to worship both powerful, wealthy businessmen, and powerful military leaders, both of whom are considered heroes, which builds up their egos in both the business and military worlds, and allows them to think they are unaccountable for their actions and behavior!

There is a need for a major house cleaning in the military, but also full prosecution of those businessmen who have abused their power and caused the economic downturn of the past four years.

Men and women of power MUST be held accountable, and this is the time to do it, in a second term of a President no longer facing reelection, and therefore able to be “free” of political considerations!

American Jews, Israel And Barack Obama: Why Two Thirds Of Jews Will Support Obama Over Mitt Romney

With two days to go until the election, the Republican Jewish Coalition has been actively trying to convince American Jews that Barack Obama is not supportive of Israel, and that they should support Mitt Romney for President.

Will the RJC succeed? To some extent, yes, in the sense that while 78 percent of American Jews backed Barack Obama in 2008, the number will be down to about 60-63 percent in 2012.

There are those Jews who are extremely wealthy and do not wish to pay more taxes, such as the group which met in Boca Raton, at the infamous gathering where Romney talked about the “47 percent”. Those who are corporate, Wall Street, and banking related will wish to have the government abandon any regulations, so they can go about their merry way abusing their industries, as they did in 2008. and earlier, without any care for the damage they were doing to the American economy!

Those who are highly religious will use it as a means to promote prejudice, based on the belief that Obama is a secret Muslim, and of course, being black, is not a plus to highly religious people, whether Jewish or Christian, a sad commentary on what the meaning of religion is all about!

Those who look at Israel as the number one issue will wish to allow Benjamin Netanyahu to influence American policy, even though if any other foreign leader ever attempted to interfere as Netanyahu has, they would be infuriated by such boldness of a foreign leader!

But American Jews, while caring about Israel, will not allow Netanyahu, or religiosity, or counting their money, to be the key factors in their voting. So yes, the percentage will be down, but Jews who do not allow any of the above to influence them will remember that Obama and his party are the party of the New Deal and Great Society reforms, which Romney and the Republicans wish to destroy!

They will know that it was REPUBLICAN Presidents who made life much more difficult for Israel, including Dwight D. Eisenhower, George H. W. Bush, and George W. Bush, even though the RJC conveniently manipulates the truth about that

They will know that Defense Minister Ehud Barak (a former Prime Minister); Shimon Peres (Israel’s President); Haaretz (the oldest Israeli daily newspaper); Holocaust survivor Elie Wiesel; and most prominent American Jewish leaders have all endorsed Obama, or said that he has been the best friend of Israel of all American Presidents.

They will know that most American Presidents either never visited Israel, or not in their first term, despite the lies of the RJC.

They will know that Obama has supplied Israel with the IRONDOME missile defense system, and more than $3.1 billion in security spending beyond that, and has defended Israel consistently in international organizations, including the United Nations.

They know that George W. Bush also talked about the 1967 borders as a beginning point for negotiations, the same thing that Barack Obama said.

They know the Jewish tradition of being activists in civil rights; of supporting women’s rights; of being big promoters of labor unions; of being involved in promoting education and the environment on a regular basis; and advocates of aid to the disabled; and of always being against the negativism of the Republican Party on domestic matters, always resisting Social Security and Medicare and Medicaid and every other social, economic and political reform the Democrats have promoted over the past century.

They know that the party of the people is NOT the Republicans, but the Democrats, and they are not about to abandon the party that has done so much good, particularly when we could see the alternative of the most right wing threat in American history since Barry Goldwater in 1964!

American Jews are OVERWHELMINGLY oriented toward reform, progress, change, compassion for those who are discriminated against and less fortunate, and they are intelligent and wise enough not to vote for the party of Mitt Romney, Paul Ryan and right wing evangelicals who wish to take away our civil liberties and civil rights!

So close to two thirds of American Jews will repudiate the RJC, and support their President, Barack Obama!