Real Tyranny

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.

One of my least favorite abuses of power is the government’s use of material witness warrants as all-purpose excuses for detaining people when they have no actual evidence of any wrongdoing.  So I’m very pleased to hear that the 9th Circuit Court has not only ruled that such behavior is reprehensible and obviously unconstitutional, but that former Attorney General John Ashcroft can be held personally responsible for it:

Members of the panel, all appointees of Republican presidents, characterized Ashcroft’s detention policy as “repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history.”

….[Abdullah] Kidd, a former University of Idaho running back…was handcuffed, strip-searched and shuttled among interrogations in Virginia, Oklahoma and Idaho before being released 16 days later and ordered to surrender his passport and live with his wife and in-laws in Nevada.  The arrest led to Kidd being denied a security clearance and losing his job with a government contractor.

….Georgetown Law professor David Cole said that Ashcroft adopted an aggressive “preventive paradigm” after Sept. 11 designed “to incapacitate people who government officials thought suspicious but lacked evidence of any wrongdoing. They were locked up and then investigated, rather than the other way around.” Virtually all of the targets had nothing to do with terrorism, Cole said.

….The judges, alluding to the George W. Bush administration, said that although “some confidently assert that the government has the power to arrest and detain” suspects without evidence of wrongdoing, the panel considered such preemptive detentions “an engine of political tyranny.”

Yep, boys and girls, that’s what the seeds of real political tyranny look like.  Somebody please tell Glenn Beck and the rest of the fever swamp crowd.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate