SMRs and AMRs

Thursday, January 04, 2007

Dahlia Lithwick: 2006 wasn't kind to civil liberties

Minneapolis StarTribune

I must confess that I love all those year-end lists of greatest movies and albums and lip glosses and tractors of the past 12 months -- it's reassuring that all human information can be wrestled into bundles of 10. In that spirit, herewith are my top 10 civil liberties nightmares of 2006.

10 Attempt to get death penalty for Zacarias Moussaoui: Long after it was clear that the hapless Frenchman was neither the "20th hijacker" nor a key plotter in the attacks of 9/11, the government pressed to execute him as a "conspirator" in those attacks. Moussaoui's alleged participation? By failing to confess to what he may have known about the plot, which may have led the government to disrupt it, Moussaoui directly caused the deaths of thousands of people. This massive overreading of the federal conspiracy laws would be laughable were the stakes not so high. Fortunately, a jury rejected the notion that Moussaoui could be executed for the crime of merely wishing there had been a real connection between himself and 9/11.

9 Guantanamo Bay: After the Supreme Court struck down the military tribunals planned to try hundreds of detainees on the U.S. base in Cuba, and after President Bush agreed that it may be a good idea to close it down, the worst public relations fiasco since the Japanese internment camps lives on. Prisoners once deemed "among the most dangerous, best-trained, vicious killers on the face of the Earth" are either quietly released or still awaiting trial. The lucky 75 to be tried there will be cheered to hear that the Pentagon has just announced plans to build a $125 million legal complex for the hearings. The government has now officially put more thought into the design of Guantanamo's court bathrooms than the charges against its prisoners.

8 Bashing the media: Whether the Bush administration is reclassifying previously declassified documents, sidestepping the Freedom of Information Act, threatening journalists for leaks on dubious legal grounds or, most recently, using its subpoena power to try to wring secret documents from the American Civil Liberties Union, the administration has continued its "secrets at any price" campaign. Is this a constitutional crisis? Probably not. Infuriating? Definitely.

(The rest is here.)

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