I haven’t been blogging, because I’m buried in finishing a book on founding-era taxes, public debt, tea parties, occupations, and other economic and financial struggles of that period, but an article entitled Betrayal of the Founders (sent to me this morning by Jerry Fresia because, I suspect, he knows what I’m going to say about it!) is so germane to the problems in founding history I’m exploring that I want to make hasty comment. The piece is on the “Counterpunch” site, the free online component to the dissenting political newsletter of the same name edited by Alexander Cockburn and Jeffrey St. Clair, and it’s by Ray McGovern, formerly a U.S. Army officer and CIA analyst, now on the Steering Group of Veteran Intelligence Professionals for Sanity.
McGovern criticizes President Obama’s signing the 2012 National Defense Authorization Act, which he describes, I think rightly, as
affirming that the president has the authority to use to detain any person “who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.” Under the law, the president also may lock up anyone who commits a “belligerent act” against the U.S. or its coalition allies “without trial, until the end of the hostilities.” The law embraces the notion that the U.S. military can be used even domestically to arrest an American citizen or anyone else who falls under such suspicion — and it is “suspicion” because a trial can be avoided indefinitely.
McGovern also trenchantly criticizes Obama’s reassuring us that we can take the act as more or less okay because Obama is committed to never using it to do anything wrong. The absurdity of that claim is so manifest, at least to me, and I think so damaging to the whole idea of the rule of law, that with McGovern, I wonder why there hasn’t been more coverage criticizing it. The Constitution isn’t clear on everything (originalists to the contrary), but it’s clear as a bell on habeas corpus. Liberals who excoriated Bush’s use of torture, detentions, signing statements, etc., have been strangely silent on Obama’s behavior here.
But McGovern fatally contradicts his own realism about Obama’s policies in this area with a completely unrealistic paean to none other than George Washington, presented by McGovern in typically glowing terms as our great and nearly godlike fighter for the individual liberties set out in the Bill of Rights.
I bring this up because this is what we always do: reach for “the founders” to support an objection to current policies. And because in the case of Washington, that reach is a grope, at best, in the dark, and because McGovern uses his invocation of Washington as a call to what sounds like revolutionary action against Obama, I think it’s worth remembering Washington’s impatience with dissent and scorn for the civil rights of citizens he branded, without due process, enemies.
If we’re going to have a revolution on these issues — and I’m pretty sure we’re not! — we won’t find any real inspiration for it in our founding president. He would have cracked our heads. And if we’re not going to have a revolution, but hope instead to take effective action against executive overreaching, we’d do better to stop living in fuzzy dream about the past.
Here’s some of McGovern on Washington:
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