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More on Bush's Anti-Dissent Order
by Chris Floyd We wrote recently here of Bush's new executive order granting himself and his minions the arbitrary power to seize the entire assets of any American citizen without warning, without any criminal charges whatsoever solely by declaring that their victim somehow poses an unspecified threat to "the peace or stability of Iraq" or else is "undermining efforts to promote economic reconstruction and political reform in Iraq."
In other words, Bush now claims the power to strip you of your assets if you oppose American policy in Iraq.
This latest tyrannical outburst from the Outrager-in-Chief has
passed largely without notice. Even some of the Administration's
fiercest critics have downplayed its significance. The always-admirable
Dave Neiwert at Orcinus has been among the skeptics, on the reasonable
grounds that right-wing militia groups were forever reading vast
conspiracies into ordinary government decrees in the 1990s, and that
one should wait for more informed legal analyses before leaping to
scarifying conclusions. Fair enough although Dave himself has done as
much as anyone out there in detailing the extremism of the Bush Regime
and its supporters. To his credit, Dave has kept an open mind on the
question, and co-blogger at Orcinus, Sara Robinson, has taken a far
darker view of the executive order.
Now Dave has featured a
long and highly disturbing piece of informed legal analysis of the
order from one of his regular commenters, attorney Den Valdron. who
draws out the very dangerous implications of the order's wording in
convincing detail. Perhaps most disturbing is Valdron's insight that
the executive order doesn't even have to be formally invoked in order
to have a chilling effect on political dissent. Just its mere existence
and the ever-present threat of social and legal obliteration that it
represents will be enough to quell all but the hardiest opponents of
the Leader's criminal rampage in Iraq.
You should scoot on
ever to Orcinus and read "That Executive Order" in full, but below is
an excerpt about the "chill factor" that Valdron identifies:
Essentially,
in this Executive Order the President is assuming unbelievably vast
powers to simply sidestep normal criminal or civil procedure, and to
operate quite explicitly on the basis of guilt by anticipation, guilt
by pre-emption, guilt by association and guilt for any reason in the
mind of the decider. There is literally no limitation on authority,
except that the person's actual physical being is unaffected.
However,
a person so designated by this Order could be rendered into a
non-person literally instantaneously. They could be stripped of every
asset, have every financial or commercial opportunity denied to them.
Worse, this literally creates a power to shun. Anyone who employs this
person, who hires them, who pays them for work, lends them money to
tide them over, who rents them an apartment, or allows them to sleep on
the couch, who drops them a few coins as they panhandle would be liable
to becoming subject to this order. The only protection would be to fire
this person, to not hire them, to not pay them, to not lend them money,
evict them from your apartment, kick them off the couch, and look away
if you see them begging on the street.
If the potential
implications of this make you think of Jews in Nazi Germany, think
again. The Jews pre-war had it good compared to the potential of this.
The
most disturbing thing is that this Executive Order need not be actually
used. Consider it as a weapon of intimidation. Most Americans are not
rich. Most people live in apartments, they may have a house that the
bank owns, they may have a car they're making payments on, they
struggle with credit card debt, live paycheque to paycheque. We all
live in these little islands of stability that can be so easy to
disrupt.
So imagine that you are a dedicated, committed,
politically active person. You're donating to the Green Party, perhaps
active in local politics, going to demonstrations...Then one day, a
person from the treasury department comes to visit. He shows you this
executive order, and he tells you that you have been identified by your
actions and associations as being a 'significant risk to commit acts of
violence.' He says that by their lights, you may already be deemed to
have committed acts of violence. He tells you that it has been
concluded that these acts of violence undermine the Iraqi government
and the reconstruction campaign...
You protest of course. He
says it doesn't matter, these are the findings of the Secretary of the
Treasury under the executive order. You challenge him to prove what act
of violence they think you are about to commit. He replies that there's
no particular act, only that you're a 'significant risk.'
Then
he tells you, in very clear terms, what they can do. That they can and
will take your house. That they can and will take your car and your
bank account. That you will be fired from your job. That you will find
it impossible to get another job, or find another place to live. That
anyone who helps you will be similarly punished, so no one will help
you. He tells you that if this isn't enough, they are prepared to take
the same tactic against your parents, your children, your girlfriend,
your friends, based on their association with you making them a
'significant risk of committing violence' or of 'providing support to
you.'
He asks you if you are prepared to see your life erased?
Are you really that brave? Do you really want to lose your job, your
home, your nest, your savings, your income, your retirement...And if
you are that brave, are you really prepared to see this done to your
girlfriend, your parents, whoever is close to you...
You could
take it to court and fight it, of course. All you need is a lawyer that
will work for free, because you won't be able to pay him. And he'll
have to be a lawyer willing to risk winding up in the same situation
you'll be in Fighting it will take two or three years. That's a long
time to spend eating out of dumpsters and sleeping on heating grates.
It's possible of course, that you'll win and be vindicated. Or you
could lose.
Are you feeling lucky?
So most people in that
situation, what would they do? They'll just shut their mouths, stop
making waves, they'll do their jobs, collect their paycheques and mind
their own business. They'll stay out of trouble.
But sometimes,
when they see the Sheriff driving down the street to evict someone,
when there's a hiccup in their credit card, when they get a call from
the bank, or a call into their boss's office... well, they'll get a
cold sweat running down their backs, and their stomach will flutter,
and they'll search their memories for anything that they might have
done wrong, maybe said the wrong thing to the wrong person, had the
wrong friend, went to the wrong place... And of course, most times,
it'll turn out to be nothing. They'll recover from the scare, their
life will go on. But the fear will remain somewhere, and the cold
sweat, and the only choice they have will be to be good little citizens.
This
is the dystopian thug-state that the Bush Administration is building
before our eyes often in broad daylight, with little or no pretense
of masking their lust, their obsession, with authoritarian power. Yet
every institution in American civic life that might act as a bulwark
against these tyrannical encroachments seems completely paralyzed or
else thoroughly complicit in this monstrous mutation. Bush and his
cronies are effecting a wholesale revolution in the American state,
despite being one of the most discredited and widely despised
administrations in the country's history. It's like a long and vivid
nightmare, where you watch some hideous, filth-encrusted beast gnawing
your child to pieces, in agonizing slow motion, while you stand
mysteriously frozen on the spot, unable to move or scream.