WELCOME TO POST-CONSTITUTION AMERICA
By Peter Van Buren
Post-Constitutional America
So welcome to post-Constitutional America. Its shape is, ominously enough, beginning to come into view.
Orwell’s famed dystopian novel 1984 was not intended as an instruction manual, but just days before the Manning verdict, the Obama administration essentially buried its now-ironic-campaign promise to protect whistleblowers, sending it down Washington’s version of the memory hole. Post-9/11, torture famously stopped being torture if an American did it, and its users were not prosecutable by the Justice Department.
Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even requireprobable cause. Low-level NSA analysts have desktop access to the private emails and phone calls of Americans. The Post Office photographs the envelopes of every one of the 160 billion pieces of mail it handles, collecting the metadata of "to:" and "from:" addresses. An Obama administration Insider Threat Programrequires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted. Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
Secret laws and secret courts can create secret law you can’t know about for “crimes” you don’t even know exist. You can nonetheless be arrested for committing them. Thanks to the PATRIOT Act, citizens, evenlibrarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered. Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
In the last decade, 10 times as many employers turned to FBI criminal databases to screen job applicants. The press is restricted when it comes to covering “open trials.” The war on whistleblowers is metastasizing into awar on the First Amendment. People may now be convicted based on secret testimony by unnamed persons. Military courts and jails can replace civilian ones. Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades. Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home. The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor. According to the government, increasingly we are now indeed their enemy.
Peter Van Buren blew the whistle on State Department waste and mismanagement during Iraq Reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at his blog, We Meant Well. Van Buren’s next book,Ghosts of Tom Joad: A Story of the #99Percent, will be available March 2014.
This article first appeared on TomDispatch.com, a weblog of the Nation Institute, which offers a steady flow of alternate sources, news, and opinion from Tom Engelhardt, long time editor in publishing, co-founder of the American Empire Project, author of The End of Victory Culture, as of a novel, The Last Days of Publishing. His latest book is The American Way of War: How Bush's Wars Became Obama's (Haymarket Books).
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