Coyote Blog

A number of years ago, I heard someone (George Carlin maybe?  Commenters help!) ask "What's the worst thing that can happen to you if you smoke pot" and the answer was "Get thrown in jail".  The not so subtle message was that the preventative measures applied to prevent marijuana use were worse than the drug use itself.

I would say this fairly summarizes my fears about government responses post 9/11.  Reason's Hit and Run quotes T.J. Rogers along the same lines:

What's the worst thing that Al-Qaida can do to America? We have
probably already seen it. Of course, the government can talk about
bigger things, like the use of weapons of mass destruction, to justify
its use of totalitarian tactics.

I would much rather live as a free man under the highly improbable
threat of another significant Al-Qaida attack than I would as a serf,
spied on by an oppressive government that can jail me secretly, without
charges. If the Patriot Act defines the term "patriot," then I am
certainly not one.

By far, our own government is a bigger threat to our freedom than any possible menace posed by Al-Qaida.

The worst thing the terrorists can do is not another 9/11, but to push America into abandoning its separation of powers and its traditional protections of individual rights.

Reasonable people can disagree whether the Patriot Act goes too far in violating civil rights.  I personally opposed most of the measures in that act when Bill Clinton proposed them the first time and opposed them again this time around.  However, whether I support the Act or not, at least the Act and its provisions are still following the separation of powers script written into our country's DNA:  Congress proposes new administrative powers vis a vis searches, the administration and justice organizations follow the procedures, with certain oversight and appeals rights granted to the courts.

What worries me more than the Patriot Act is the administration's claiming of broader and broader police state powers in the name of combatting terrorism, whether it be detaining people indefinitely without a warrant or eavesdropping on citizens without a warrant.  I understand that both of these programs have practical goals related to security, but I think that most of these goals can still be reached by continuing to respects separation of powers.  Congress must still set the rules for a program such as detention of suspected enemy combatants, and these rules should include a role for the judiciary to review individual cases.

Via Overlawyered, comes this fascinating confession of one of the young "accusers" in the McMartin pre-school sex abuse prosecutions, one of several witch-hunts from a mercifully brief era of a national day care sex-abuse panic.  While certainly abuse occurs, as is made clear from recent Catholic Church revelations, prosecutors used the excuse of "protecting the children" to justify all kinds of abuses of the fact-finding process (something we should remember in the Patriot Act era).

The lawyers had all my stories written down and knew exactly what I had said
before. So I knew I would have to say those exact things again and not have
anything be different, otherwise they would know I was lying. I put a lot of
pressure on myself. At night in bed, I would think hard about things I had said
in the past and try to repeat only the things I knew I'd said before.

I
remember describing going to an airport and Ray taking us somewhere on an
airplane. Then I realized the parents would have known the kids were gone from
the school. I felt I'd screwed up and my lie had been caught"”I was busted! I was
so upset with myself! I remember breaking down and crying. I felt everyone knew
I was lying. But my parents said, "You're doing fine. Don't worry." And everyone
was saying how proud they were of me, not to worry.

I'm not saying
nothing happened to anyone else at the McMartin Pre-School. I can't say that"”I
can only speak for myself. Maybe some things did happen. Maybe some kids made up
stories about things that didn't really happen, and eventually started believing
they were telling the truth. Maybe some got scared that the teachers would get
their families because they were lying. But I never forgot I was lying.

There is much more in the article, demonstrating how prosecutors manipulated children to get prosecutions. 

This topic has resonance with me because I sat on the jury of such a case around 1992.  Earlier sex-abuse prosecutions were starting to look suspicious, but there was still a lot of incentive for prosecutors to push high-profile cases (after all, Janet Reno would soon become AG for the US, largely on the strength of a number of well publicized and in retrospect very questionable such prosecutions).  By 1992, though, defense lawyers had caught up and were better at highlighting the egregious tactics used by prosecutors to coax stories out of children.  Many of the tactics we saw in our trial were identical to those recounted in this article.  There was even an eerie parallel to this recent Vioxx case, as the initial (3rd party) accuser who first reported that the victim was being abused seemed more motivated by getting on Oprah than getting her facts correct.

Update:  Neo-Libertarian has the details on the Janet Reno prosecutions I mentioned in passing.  Here is the PBS story on "the Miami method" and several of Reno's unethical abuse prosecutions.

Unfortunately, the libertarian "bloc" in the country tends to be a bit too small for either of the two major parties to fight over - kind of like expending energy on wooing left handed Eskimo pipe-welders.  However, last year, with many libertarians opposing key parts of the Patriot Act, the growth in government spending, and the war in Iraq, the left and the Democratic Party made a bid to woo libertarians over to the Kerry camp. 

I would have found this argument more compelling had the left proven themselves to be a bit more consistent supporters of democracy and individual rights around the world.  Many on the left bent themselves into pretzels supporting blatant totalitarians in hopes of seeing George Bush fail.  Other leftists continue to be strong Marxists, supporting socialist regimes with a blind eye towards their human rights records.

While the socialists are probably a loss, there is still hope for much of the left to craft a freedom- and individual-rights-based foreign policy that libertarians could find compelling -- I handed out some free advice here.  However, before they left can really make progress here, the need to learn how to recognize a dictatorship:

You Know its a Dictatorship When:

1. Michael Moore portrays the country as a kite-flying paradise
2. Jimmy Carter sanctioned their last election
3. The UN certifies that there is no genocide
4. They sign friendship pacts with other dictatorships (also here and here and here too)
5. They are a member of the UN Human Rights commission (not 100% foolproof but getting closer every year)
6. They were once a French colony, and/or France is opposing sanctions against it (also here too)
7. Their people are impoverished and they lag the world in economic growth

Update:  Welcome Powerline and Instapundit readers. 

For years, a number of more conservative groups have been warning that the messages given by Islamic leaders and holy men in English for world consumption were far different than the messages given to their own people in Arabic.  And indeed, their translations of Arabic speech aimed at Muslims can be pretty scary.  Few Westerners believed or wanted to believe these warnings, preferring to hope that most arabs were like themselves, basically peaceful and supportive of democracy and plurality. 

For years, I was skeptical of these claims.  I felt like it would require extraordinary laziness and incompetance on the part of the media to just digest the English statements of Islamic leaders without ever checking out what they were saying in Arabic.  However, over the past couple of years, I have lost all faith in the work ethic, intelligence, and dilligence of the western media, and have come to believe that it would be enitrely possible for Arab leaders to manipulate Western media in this way.

For this reason, a part of this article (hat tip LGF) about German reactions to Musilm violence in the Netherlands is interesting to me.  It seems that, after the recent violence, the media finally had the idea to actually listen in on what some Islamic religeous leaders are saying in Arabic:

"These Germans, these atheists, these Europeans don't shave under their arms and their sweat collects under their hair with a revolting smell and they stink," said the preacher at the Mevlana Mosque in Berlin's Kreuzberg district, in the film made by Germany's ZDF public TV, adding: "Hell lives for the infidels! Down with all democracies and all democrats!"

Beyond the bizarre body hair reference, this is NOT what the media has been saying that Islam is teaching here in the west (I don't imply this represents the majority, but the media has essentially claimed it does not exist at all).

By the way, the proposed "solotions" strike me as nuts, and should also be enlightening to anyone in the US who looks up to Continental Europe as a counter-weight to percieved creeping fascism with the Bush Administration.  I may not be a fan of the Patriot Act, but nobody in the Bush administration, with far more provocation, has suggested anything as loony as making all religeous ceremonies English-only.