July 17, 2019

We’re all Osama Bin Laden now

TAMPA, June 25, 2013 – Twelve years ago, the U.S. government demanded that the Taliban extradite Osama Bin Laden to stand trial for the 9/11 attacks on New York City and Washington, D.C. The Taliban responded similarly to how they had in the past to the same demand. They asked the U.S. government to obey the principles enshrined in its own Fourth Amendment and produce evidence of Bin Laden’s guilt.

The Bush Administration responded with carpet bombing, followed by an invasion.

Most Americans didn’t lose much sleep over Bin Laden’s rights being violated. He was the world’s most infamous terrorist. Had the U.S. been able to pinpoint his location and take him out with a missile or drone attack, there would have been no pundit debate about the constitutionality of the execution (and no, the constitution doesn’t apply only to U.S. citizens).

First, they came for the terrorists…

Flash forward twelve years and quite a few people are losing sleep. Not only has the government’s disregard for the Fourth Amendment “come home” to apply to every American, but all due process protections have been completely abolished. The government claims the right to search, spy on, arrest and detain you without probable cause or warrant. It even claims the right to kill you without charging you with a crime.

For war hawks, the year is perpetually 1939 and every tin pot dictator is Hitler, even if originally installed and supported by the U.S. government. We have been forced to pay for two completely useless wars over the past twelve years, with the specter of Nazi Germany and another Holocaust thrown in the faces of anyone who objected. Anything other than full commitment constitutes “appeasing a dictator,” the fatal mistake that led to WWII.

Yet, the abridged world history textbook that every neoconservative seems to have read apparently contains nothing else about Nazi Germany. It doesn’t seem to tell them anything about why Hitler was a dictator in the first place, long before the Holocaust got under way.

The truth regarding that question is stranger than fiction.

Five years earlier, Germany had suffered a spectacular terrorist attack. Someone set fire to the German parliament building, the Reichstag. Joseph Goebbels regarded the first report of the attack as “a tall tale” and hung up on the caller. Only upon receiving a second call did he believe the report and inform Hitler. Tragically, the eerie similarity to Bush’s reaction to 9/11 didn’t end there.

The Nazi’s blamed the communists for the fire, calling it “the most monstrous act of terrorism carried out by Bolshevism in Germany.” The next day, President Hindenburg signed the Reichstag Fire Decree (without a vote by the Reichstag), which suspended most civil liberties in Germany. This was followed later by the “Enabling Act,” which granted dictatorial powers to Hitler.

All of this was done to “fight the terrorists.” We’ve heard plenty about how not invading the next Middle East backwater would be tantamount to appeasing Hitler, but we haven’t heard a single pundit comparing what America has done to itself over the past twelve years to what Germany did to herself following the Reichstag Fire.

Am I the only one that finds that a little strange?

Sadly, neither country’s people resisted or even expressed reluctance at the surrender of their freedom. On the contrary, liberty died in both places “with thunderous applause.”

The Nazis started by setting up communists and Jews as enemies of the state. Civil liberties had to be set aside until this terrible “new threat” was defeated. But victory never came. Instead, the list of enemies got wider and wider and the police state became permanent. The Gestapo was empowered to spy on German citizens. “Papers, please” became the new normal. Kangaroo courts convicted “traitors and insurgents” without due process.

So far, the U.S. government has only executed a Muslim American citizen without a trial. It has only rounded up and indefinitely detained Muslims without a warrant or formal charges. But the definition of “terrorist” and “traitor” is slowly starting to expand. During the Bush Administration, anti-war protestors were viewed as unpatriotic. During Obama’s Administration, “right wing extremists” have been identified as potential threats.

First they came for the Muslims…

This article is published on a nationally known website. It is intended to be read by anyone who is interested in the subject. However, you may express an opinion not so intended to a friend or associate. If you do so by phone or e-mail, the government may examine it to determine if you represent a threat.

Who will speak up for you?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Jury nullification, not a pardon for Edward Snowden

TAMPA, June 10, 2013 – The whistleblower who has risked his life and his freedom to expose the NSA’s domestic spying program has fled to Hong Kong. Caught red-handed violating one of the most fundamental limits on its power, codified in the Fourth Amendment, the federal government has responded predictably. It wants to prosecute its accuser.

While mainstream conservatives call for Hong Kong to extradite Snowden for trial, libertarian and civil libertarian groups have started a petition to get him pardoned. That’s the wrong solution.

Pardons are for people who have already been convicted. No jury with any sense of justice should allow that to happen.

Yes, there are plenty of laws that Edward Snowden probably broke, but as Thomas Jefferson famously said, “The law is often but the tyrant’s will.” Never was that truer than it is now.

You could also argue that Snowden broke a contract he entered into when accepting this employment and the security clearances that go with it. That’s probably true, but so did the federal government. It broke the contract known as the U.S. Constitution.

If the so-called “Justice Department” is successful in having Snowden extradited to the United States, he will have a jury trial. The jury will be instructed by a federal judge that their one and only responsibility is to weigh the facts and to determine whether there is sufficient proof that Snowden committed the acts alleged in the indictment. They will be instructed to consider nothing else in reaching a verdict. That leaves one question.

Who cares what the judge says?

Everyone on that jury will know why Snowden is being persecuted. It’s not like he sold defense secrets to a foreign enemy during a time of war. He told the American people about how their own government was spying on them. The juror who renders a guilty verdict in this case is betraying his country, not Edward Snowden.

At one time, juries were informed of their right to consider the justice of the law itself in addition to the facts of the case. If they believed they were being asked to convict a defendant of an unjust law, they were free to acquit the defendant.

They still are. They just aren’t told so by state or federal judges any more. That doesn’t change the fact that if a jury acquits Edward Snowden, there is absolutely nothing that the government can do about it. They can’t appeal a not guilty verdict. They can’t charge him again for the same crimes. The case is over and the people trump the government. That’s how it is supposed to work.

It’s equally important that there is no recourse against the jury, either. It’s not as if they can be prosecuted for rendering a verdict the government doesn’t like. Acquittal by a jury is as final as it gets. The government may try to drum up some other charges against the defendant, but they usually take their best shot first and the next jury could nullify as well.

The only question left is this: Are Americans so devoid of any sense of personal liberty, so completely brainwashed to obey authority without question that they would convict a man who has risked everything to defend their freedom?

I am calling on every eligible juror in America to take a stand right now. If you are called to serve on a jury for the trial of Edward Snowden, do not convict. I don’t care if he’s broken a thousand laws. We know what he did and why he did it. It is his accuser that needs to be put on trial, whether at the ballot box, in state assemblies or by other constitutional means. Let this government know that those who defend the U.S. Constitution against a government that violates it are safe in this country.

The line must be drawn here.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.