Law? What Law?

I have so much to say about the shocking NSA unconstitutional spying scandal blown wide  open by whistleblower Edward Snowden and journalist Glenn Greenwald that I barely know where to begin.

So I shall begin with a tangent – the repercussions of the case over in Britain, where scandal has erupted because it turns out that Britain’s intelligence-gathering departments have had access to the US PRISM system for a number of years, and have made use of it on occasions to eavesdrop on the conversations of British citizens.

This should be causing people to light flaming torches and take to the streets, but as it stands today in docile modern day Britain, Prime Minister David Cameron is just being made to squirm a bit. The Huffington Post reports:

The foreign secretary, who is due to make a statement on the allegations in the Commons later, has said the law-abiding British public had “nothing to fear” from the work of GCHQ.

However MPs are likely to press Hague on whether the intelligence service has always abided by the legal framework.

Sir Malcolm Rifkind, the chairman of the ISC, told BBC Radio 4’s Today programme that GCHQ would have needed to ask ministers before requesting information on British citizens’ internet activity from the United States.

How comforting. But worst of all were the comments from David Cameron himself, who thought that these flimsy, meaningless words would serve somehow to placate us:

David Cameron has said British intelligence agencies operate “within a legal framework”, as MPs prepare to grill William Hague on GCHQ’s involvement with the American Prism internet surveillance system.

“I think it is right that we have well-organised, well-funded intelligence services to help keep us safe,” the prime minister said on Monday morning.

“But let me be absolutely clear. They are intelligence services that operate within the law, within a law that we have laid down, and they are also subject to proper scrutiny by the intelligence and security committee (ISC) in the House of Commons.”

What the hell does this garbage even mean?

British intelligence agencies are operating within a legal framework. Okay, what legal framework?

He thinks that it’s right to have an intelligence service? Who on earth was saying that it wasn’t?

But the final line is the worst, where he says that the intelligence services are operating within “a law that we have laid down”. Oh, well that’s fine then, let’s all go home.

Does David Cameron at any point mention the particular law under which the intelligence services are operating? Or when this law that “we” laid down was written, voted on and approved? Of course he doesn’t! And I, for one, would rather like to know.

Do you see the difference between having a written constitution and not having one? Do you?

Even if (as in the United States), the President and his administration choose to brazenly flout it, the written constitution at least gives a frame of reference when it comes to determining whether an action is acceptable or unacceptable. Contrast this with Britain, where the most basic laws of the land can (and often are) changed on a whim by the elected dictatorship of a majority government. In Britain, if we are told that a government action that we disagree with is “lawful”, there is no end of Acts and Amendments and revisions and EU law and whatever else to sort through in order to work out whether or not it is so.

The result, of course, is that the British don’t even try. We might kick up a bit of a fuss if someone catches David Cameron devouring live puppies in the alley behind Downing Street one warm summer night, but once his spokesman assures us that he was acting “within the law, within a law that we have laid down”, we would all meekly nod, and let him get back to his puppy-butchering.

This is unacceptable. William Hague and David Cameron need to make crystal clear not only the laws currently on the statute books which allow for spying on the communications of a British citizen (with or without a warrant), but also the specific criteria that the intelligence services use, or at least the threshold of evidence that must be met, when selecting an individual for such a breach of their privacy.

Not that it much matters. David Cameron has lost my vote today.

Exit Bachmann

Well, this is a very sad day for American comedians and political junkies across the land. Our thoughts (but certainly not our prayers) must especially go out to Bill Maher at this difficult time. Why?

Because US Congresswoman Michele Bachmann of Minnesota’s 6th district – otherwise known as Minnesota Palin – will not be running for re-election in 2014.

And she made this incredibly cheesy YouTube video to break the devastating news to her constituents:

 

She assures as that her decision has nothing to do with any of the following potential juicy reasons:

1. The fact that she barely held on to her seat in 2012, and the same Democratic Party challenger is gearing up to take her on again in 2014.

2. Her 2012 presidential campaign is being investigated by the Federal Elections Commission for potential serious improprieties.

3. She goes on dirty, McCarthy-ite, partisan witch hunts against loyal public servants.

4. She’s quite clearly insane.

So what, oh what could the real reason be? Did Michele Bachmann jump or was she pushed?

Normally I wholeheartedly agree with the likes of Glenn Greenwald, who argue that this type of Politico-esque process and personality-obsessed gossiping should not be part of our political discourse, and that it distracts from real journalism, and serious discussions of policy when we need them most. Quite right. But this particular dose of schadenfreude is too good to pass up.

Farewell, Michele Bachmann.

At least she was looking directly at the camera this time around.

Too Big To Jail

A brief segment from the Rachel Maddow show on MSNBC, in which Maddow interviews Glenn Greenwald and asks him when it became acceptable in our society to accept that the political and financial elites are often considered “too big to jail”, or even to stand trial, despite being guilty of egregious crimes, while people without power are often imprisoned for the smallest, most inconsequential infractions.

 

Well worth five minutes of your time.

In Praise of Glenn Greenwald, Ctd.

A lecture given to students at Yale Law School, based on Greenwald’s recent book, “With Liberty And Justice For Some”:

 

This lecture is well worth a view, and is a wonderful antidote to the oversimplification of over-used terms such as “the rule of law”,  and the attempt by many people (especially those on the American right) to almost deify the founding fathers and portray them as a unified, homogenised group.

The crux of Greenwald’s argument really comes in an anecdote he gives 28 minutes into the above video, where he contrasts a “healthy, free” society with a tyrannical one. The free society, he says, is one in which those who wield power do so with a healthy amount of fear that they will suffer some harm if they ever abuse that power. This may be fear of civil or criminal liability, fear of reputational harm or fear of potential physical injury to themselves (which of course neither Greenwald nor I would advocate, but nonetheless).

The tyrannical society is the exact opposite of this – a land where not only do those in power have no fears of any kind which might restrain them from abusing their power, but in which the citizens themselves live in fear of the leaders.

Given the fact that we are now five years into an Obama administration in which almost none of the gross infringements on civil liberties introduced by George W. Bush and Dick Cheney have been halted or reversed, this insight from Greenwald – and a fearless, uncompromising assessment of where we currently sit on the continuum between freedom and tyranny – is needed now more than ever.

In Praise of Glenn Greenwald

Glenn Greenwald, former blogger at Salon.com and now writing at The Guardian, is one of the best and most articulate people talking about civil liberties and pressing back against the intrusive power of the government today.

Exhibit 1, in which he tears apart the war criminal Dick Cheney for the casual way in which he celebrated his own lawbreaking and contempt for the US constitution on the eve of the publication of his memoirs:

 

Exhibit 2, in which he rips into CNN (both the network, the host and her former Bush administration talking head stooge) for their coverage of Julian Assange and the WikiLeaks scandal:

 

And finally exhibit 3, in which he takes on Bill Maher and Andrew Sullivan in a roundtable discussion on the morality and constitutionality of extra-judicially ordered drone strikes on US citizens.

 

Keep fighting the good fight, Glenn.