The branch designed to be insulated from political pressures has been the most craven of all in the post-9/11 era
Topics: Politics News
The abdication of U.S. federal judges in the post-9/11 era, and their craven subservience to Executive Branch security claims, has been a topic I’ve written about several times over the past couples of weeks. Yesterday, the 9th Circuit Court of Appeals adopted the argument of the Obama DOJ that John Yoo is — needless to say — fully immune from any and all liability for having authorized the torture of Jose Padilla, on the ground that the illegality of Yoo’s conduct was not “beyond debate” at the time he engaged in it. Everything I wrote a couple of weeks ago about the identical shielding of Donald Rumsfeld by federal courts and the Obama DOJ from similar claims applies to yesterday’s ruling, and The New York Times has a good editorial today condemning this ruling as “misguided and dangerous.”
In sum, this yet again underscores that of all the American institutions that have so profoundly failed in the wake of 9/11 to protect the most basic liberties — Congress, both political parties, the establishment media, the Executive Branch, the DOJ specifically — none has been quite as disgraceful as the federal judiciary, whose life tenure is supposed to insulate them from base political pressures that produce cowardly and corrupted choices. And yet, just consider these two facts:
(1) not a single War on Terror victim — not one — has been permitted to sue for damages in an American court over what was done to them, even when everyone admits they were completely innocent, even when they were subjected to the most brutal torture, and even when the judiciary of other countries permitted their lawsuits to proceed; and,
(2) not a single government official — not one — has been held legally accountable, either criminally or even civilly, for any War on Terror crimes or abuses; perversely, the only government officials to pay any price were the ones who blew the whistle on those crimes.
That is how history will record the behavior of American federal judges in the face of the post-9/11 onslaught of anti-Muslim persecution and relentless erosions of core rights.
Even worse, if you’re a Muslim accused of any Terror-related crime, your conviction in a federal court is virtually guaranteed, as federal judges will bend the law and issue pro-government rulings that they would never make with a non-Muslim defendant; conversely, if you’re a government official who abused or otherwise violated the rights of Muslims, your full-scale immunity is virtually guaranteed. Those are the indisputable rules of American justice. So slavish and subservient are federal judges when it comes to Muslim defendants that if you’re a Muslim accused of any Terror-related crime, you’re probably more likely at this point to get something approximating a fair trial before a Guantanamo military tribunal than in a federal court; that is how supine federal judges have been when the U.S. Government utters the word “terrorism” in the direction of a Muslim or any claims of “national security” relating to 9/11.
# of DOJ requests to the FISA court to eavesdrop on and/or physically search Americans/legal residents: 1,745
# of FISA court denials: 0
The DOJ filed close to 1,800 requests for FISA court permission to eavesdrop on the electronic communications of Americans or legal residents or to physically search their property (the vast majority, more than 90%, were for eavesdropping), and the FISA court did not deny a single request, though they did “modify” 30. This is a perfect expression of how the federal judiciary, in general, behaves in the face of claims of National Security from the Executive Branch: as an impotent, eager rubber-stamping servant.
* * * * *
Just by the way: the 1978 FISA law that required court approval before the U.S. Government could eavesdrop on Americans has produced this sort of blindly accepting rubber-stamping from the FISA court since its inception. Nonetheless, it was this FISA process that the Bush administration claimed was too significant of an obstacle to its eavesdropping powers when it decided to violate the law by eavesdropping without asking for FISA court permission, and it’s the same claim which the Democratic-led Congress and then-Sen. Obama made in 2008 when they enacted a new FISA law that dramatically expanded the U.S. Government’s warrantless eavesdropping powers. A 100% victory rate in court is apparently too low for those who see presidential powers as monarchical, and our nation’s federal judges seem all the time to be eagerly attempting to increase that rate.
More Related Stories
- Is the Environmental Defense Fund ruining environmentalism?
- Top 5 investigative videos of the week: "Winning" Afghanistan
- Jester clowns Westboro Baptist Church
- GOP: Party of crybabies
- Developers evict historic women's shelter to build luxury hotel
- Guantánamo prisoner on hunger strike cries for help on Twitter
- 3 possible solutions to international tax avoidance
- “I just want the U.S. to send my father home”
- Army weapons engineer tied to white nationalist organizations
- Ted Cruz against the world
- David Vitter's hypocritical, punitive, horrible new amendment
- Louie Gohmert: Women should be forced to carry nonviable pregnancies to term
- Could hackers destroy the U.S. power grid?
- Democrats may be even worse than Republicans at regulating Wall Street
- Eric Holder versus journalism
- A progressive defense of drones
- There's no substitute for government disaster relief
- Holder signed off on search warrant for reporter
- Mississippi could begin prosecuting women for miscarriages
- Mike Judge: "Bowling for Columbine" made me pro-gun
- Closing Gitmo is not enough
Featured Slide Shows
The week in 10 picsclose X
- 1 of 11
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin
Recent Slide Shows
- 1 of 11
Glenn Greenwald (email: GGreenwald@salon.com) is a former Constitutional and civil rights litigator and is the author of three New York Times Bestselling books: two on the Bush administration's executive power and foreign policy abuses, and his latest book, With Liberty and Justice for Some, an indictment of America's
two-tiered system of justice. Greenwald was named by The Atlantic as one of the 25 most influential political commentators in the nation. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, and is the winner of the 2010 Online Journalism Association Award for his investigative work on the arrest and oppressive detention of Bradley Manning.