“Guns, But Not Trials, For Terror Suspects”: The Land Of Liberty According To Lindsey Graham
South Carolina Sen. Lindsey Graham is not pleased that the Obama administration decided to prosecute Boston Marathon bombing suspect Dzhokhar Tsarnaev in civilian court, even though it would probably be illegal and counterproductive to treat the U.S. citizen as an enemy combatant.
The senator, a lawyer and reserve Air Force JAG officer himself, called for stripping Tsarnaev of his constitutional rights to due process even before the 19-year-old was captured Friday evening. “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise,” Graham said on Twitter on Friday. “Under the Law of War we can hold #Boston suspect as a potential enemy combatant not entitled to Miranda warnings or appointment of counsel.”
But Graham seems to hold the opposite view when it comes to different constitutional rights for those accused or suspected of terrorism. At a press conference he set up this afternoon to slam the White House on the enemy combatant decision, he was asked about legislation that would stop people on the Terrorist Watch List from buying guns. Here’s his response:
GRAHAM: “I think, anyone who’s on the Terrorist Watch List should not lose their Second Amendment right without the ability to challenge that determination. I think, Senator Kennedy was on the Terrorist Watch List. There’ve been people come up on the watch list. I did not want to make that a — the basis to take someone’s Second Amendment rights away. What I would suggest, is that if you come up on the Terrorist Watch List, you have the ability to say, “No, I’m not a terrorist.” And that would be the proper way to do that.
Currently, the federal government can only prevent a firearm sale for 11 reasons — suspected ties to terrorism, or even suspicion that a gun would be used in an attack, are not one of them. Between February 2004 and December 2010, 1,453 people on the terror watch list tried to buy a gun and over 90 percent were not stopped.
Democratic Sen. Frank Lautenberg’s bill to close what he calls the “terror gap” would not automatically strip anyone’s Second Amendment rights, as Graham suggests. It would, in fact, allow “any individual whose firearms or explosives license application has been denied to bring legal action to challenge the denial.” In Graham’s world, Tsarnaev would have no such clear recourse to challenge his status as an enemy combatant.
The Terrorist Watch List is imperfect and there are plenty of legitimate civil libertarian arguments to be made against restricting firearms access to people on the list, since people on it haven’t been convicted of any crimes and they’re not even allowed to know whether they’re on the list. For instance, Ted Kennedy was, indeed, briefly and erroneously placed on the no fly list in 2004, though that’s a different list. But Graham’s opposition to limiting the Second Amendment rights of people suspected of being terrorists is wholly inconsistent with his support for completely stripping away their Fifth and Sixth Amendment rights to a fair trial in court.
Contrast his opposition to closing the “terror gap” with this, from a 2011 New York Times article:
Citizens who are suspected of joining Al Qaeda are opening themselves up “to imprisonment and death,” Mr. Graham said, adding, “And when they say, ‘I want my lawyer,’ you tell them: ‘Shut up. You don’t get a lawyer. You are an enemy combatant, and we are going to talk to you about why you joined Al Qaeda.’ ”
So the only right that Graham seems interested in preserving for people suspected of being affiliated with al-Qaida is their right to purchase firearms.
The NRA also opposes closing the “terror gap,” fearing that it would be used to strip the Second Amendment rights of “Americans who disagree with the policies of the Obama Administration,” “who believe in federalism,” or “who post their political opinions on the Internet.”
By: Alex Seitz-Wald, Salon, April 22, 2013
“A Double-Barreled Standard”: When We Say “Never Again” About Terrorism, We Mean It, But Not About Gun Violence
The nation demonstrated again last week how resolute it can be when threatened by murderous terrorists — and how helpless when ordered to heel by smug lobbyists for the gun industry.
Tamerlan and Dzhokhar Tsarnaev’s deadly rampage through the Boston area provoked not fear but defiance. Even before one brother was killed and the other captured, the city was impatient to get back to normal, eager to show the world that unspeakable violence might shock, sadden and enrage but never intimidate. “Sweet Caroline,” the eighth-inning singalong at Fenway Park, became an unlikely anthem of unity and resistance.
The Obama administration decided Monday to charge the younger Tsarnaev , in custody at Beth Israel Deaconess Medical Center, under criminal statutes rather than as an “enemy combatant.” Sen. Lindsey Graham (R-S.C.) and some others will disapprove, but this is really an issue of semantics. No one has argued for kid gloves and leniency.
There is also the unanswered question of whether the Tsarnaev brothers had contact with some terrorist organization or acted alone. I have no doubt that authorities will find out. No stone will be unturned, not just in Cambridge and Watertown, Mass., but in the remote vastness of Chechnya and Dagestan as well. The brothers’ relatives and acquaintances will be interviewed, their movements traced, their Internet habits minutely examined for any possible clue.
Can the Tsarnaevs’ motive be described as “Islamist,” and would that be in a religious or cultural sense? When Russian security officials flagged Tamerlan Tsarnaev for scrutiny, did the FBI drop the ball? Are there telltale patterns of behavior that hint at dangerous self-radicalization? Or is this tragedy more like Columbine, an unfathomable orgy of death?
It may be, in the end, that there simply was no way that authorities could have anticipated and prevented the bombing of the Boston Marathon. But rest assured that we will move heaven and earth looking for answers. Since the 9/11 attacks, we have demonstrated that when alienated young men who are foreign-born and Muslim kill innocents, we will do anything in our power to keep such atrocities from happening again.
Shamefully, however, we have also shown that when alienated young men who are not foreign-born or Muslim do the same, we are powerless.
It is inescapably ironic that while Boston was under siege last week, the Senate was busy rejecting a measure that would have mandated near-universal background checks for gun purchases nationwide — legislation prompted by the massacre of 20 first-graders and six adults last December at Sandy Hook Elementary School in Newtown, Conn.
Gun violence costs 30,000 lives in this country each year. Other steps proposed after Newtown — such as reimposition of a ban on military-style assault weapons and large-capacity magazines — were deemed too much to hope for. But expanded background checks once had the support of the powerful National Rifle Association, and experts considered them potentially the most effective way of keeping deadly weapons out of the wrong hands. They might not have prevented the last senseless mass shooting, but might prevent the next.
However, the NRA changed its position on background checks to “never” and dug in its heels, threatening to punish senators who voted in favor. And so, despite polls showing that up to 90 percent of Americans support universal background checks, Senate Majority Leader Harry Reid could not muster the 60 votes needed to move the legislation forward.
Some critics say President Obama didn’t push hard enough for action on gun violence, didn’t twist enough arms or slap enough backs. Some say Reid could have done more to keep red-state Democrats in the fold. Some say the barrier arises from the architecture of the Constitution, which gives Montana’s 1 million residents the same number of senators as California’s 38 million.
There are lots of explanations for the failure of legislation on background checks, but no good reasons.
Imagine what our laws would be like if the nation were losing 30,000 lives each year to Islamist terrorism. Do you think for one minute that a young man named, say, Abdullah or Hussein — or Tsarnaev — would be able to go to a gun show and buy a semiautomatic AR-15 knockoff with a 30-round clip, no questions asked? Would the NRA still argue, as it essentially does now, that those thousands of lives are the price we must pay for the Second Amendment?
When we say “never again” about terrorism, we really mean it. When we say those words about gun violence, obviously we really don’t.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 22, 2013
“Who’s Doing The Terrorizing?”: Lindsey Graham Pulls A Page Straight Out Of The Bush-Cheney Playbook
Apparently on Friday, before Dzhokhar Tsarnaev was apprehended, Sen. Lindsey Graham was already torquing up the hysteria by taking the position that Tsarnaev not receive his Miranda warning before being interrogated. Graham–who, not to imply anything from this, is one of those lucky men who can go into any barbershop and the get the exact look he wants simply by saying, “I’d like the Adolf Hitler haircut”–tweeted “If captured I hope [the] Administration will at least consider holding the Boston suspect as [an] enemy combatant for intelligence gathering purposes.” He then added “The last thing we may want to do is read Boston suspect Miranda Rights telling him to ‘remain silent.'”
The Brothers Tsarnaev will never be known as anything but terrorists, but Boston certainly doesn’t look like a town that has been terrorized to me. Defiant? Sure. Inspired? Definitely. There’s a kind of a civic euphoria arising from the realization that town came through this blow with strength and intelligence and courage. From the first responders on Monday, to the individuals who opened their homes to stranded runners, to the full-throated expression of patriotism that infused the way Bruins fans sang the national anthem, to an exemplary performance by the law enforcement authorities, Boston has a lot to be proud of. They don’t look terrorized to me.
It’s the Lindsey Grahams who are terrorizing people by suggesting that this threat maybe might possibly be so enormous that we have to deny Dzhokhar Tsarnaev his rights as an American citizen. This is a page straight out of the Bush-Cheney playbook, the idea that we have to start throwing away our most important values and traditions in order to be secure.
It’s nonsense. Denying Dzhokhar Tsarnaev his rights won’t improve my safety. Let’s face it: if I really wanted to improve my safety, I would lose twenty pounds.
By: Jamie Malanowski, Washington Monthly Political Animal, April 21, 2013
“Scary Cruz Control”: Republican Leaders Don’t Know How To Control The Monster They’ve Created
Is there nobody who can tell Ted Cruz to shut up?
The young senator from Texas has been on the job for about 100 days, but he has already turned the Senate’s ancient seniority system upside down and is dominating his senior Republican colleagues. He’s speaking for them on immigration, guns and any other topic that tickles his fancy; Republican leaders are seething at being outshone yet are terrified of challenging him.
Consider his news conference this week to promote the Republican alternative to gun control. With Cruz on the stage in the Senate TV studio: the bill’s primary author, Chuck Grassley of Iowa, a 32-year Senate veteran and longtime chairman or ranking member of the finance and judiciary committees; Lindsey Graham of South Carolina (10 years in the Senate and eight in the House); and Dan Coats of Indiana (12 years in the Senate and eight in the House).
But Cruz took over the lectern and refused to relinquish it. He spoke 2,924 words for the cameras, more than Grassley (904), Graham (1,376) and Coats (360) — combined. Factoring in his dramatic pauses to convey sincerity and deep thought, Cruz’s dominance was even more lopsided. The others shifted uncomfortably and looked awkwardly around the room. At one point, Graham requested a chance to speak. “Can I?” he asked Cruz.
Cruz is 42, the same age Joe McCarthy was when he amassed power in the Senate with his allegations of communist infiltration. Tail-gunner Ted debuted in the Senate this year with the insinuation that Chuck Hagel, now the defense secretary, may have been on the payroll of the North Koreans. Cruz also wrote in Politico that “Hagel’s nomination has been publicly celebrated by the Iranian government.” He later alleged that Democrats had told the Catholic Church to “change your religious beliefs or we’ll use our power in the federal government to shut down your charities and your hospitals.”
Now Cruz is turning his incendiary allegations against fellow Republicans. On immigration, he has described as amnesty the compromise that Sen. Marco Rubio (Fla.) and three other Republicans negotiated with Democrats. Cruz said such a plan would make “a chump” of legal immigrants. On guns, he said the background checks Sen. Pat Toomey (R-Pa.) negotiated in a bipartisan compromise would lead to a national gun registry — an outcome the doomed proposal explicitly prohibited.
Democrats see a potential bogeyman in Cruz because of his outrageous pronouncements, and reporters love his inflammatory quotes. Republican leaders, however, don’t know how to control this monster they created.
GOP lawmakers encouraged the rise of the tea party, which now dominates Republican primaries and threatens the same leaders who nurtured it. Cruz’s fellow Texan, John Cornyn, the Senate’s No. 2 Republican, could face a primary challenge next year and therefore can’t afford to cross Cruz, who beat an establishment Republican in the 2012 primary. Likewise, the Senate GOP leader, Mitch McConnell of Kentucky, is up for reelection and has to keep on the good side of tea party favorites such as Sen. Rand Paul, also of Kentucky, and Cruz.
I’ve argued before that Cruz is more cunning than ideological. He’s Ivy League-educated and a skilled debater who has perfected a look of faux earnestness that suggests his every pronouncement is the most important oration since Gettysburg. Cruz has correctly calculated that the way to power among Senate Republicans is through attention-grabbing accusations.
On immigration, his Latino credentials have helped him undermine Rubio’s bipartisanship. When Rubio made the rounds of the Sunday talk shows April 14, he was confronted with Cruz’s criticism by both NBC’s David Gregory and ABC’s Jon Karl.
On guns, Cruz’s high profile required Grassley to give the upstart a premium chunk of floor time for his trademark falsehoods. Cruz claimed that his bill was the “result of multiple hearings in the Judiciary Committee.” (It was never brought before the panel.) He claimed the opposing legislation would extend “background checks to private transactions between private individuals.” (The bill applied to only advertised sales.) Off the floor, he made the patently false claim that the “so-called ‘gun show loophole’ ” doesn’t exist.
If Republicans are willing to look the other way when Cruz assaults the facts, they may find it increasingly grating to endure his assaults on their dignity. At their news conference on guns, Grassley was made to stand silently for half an hour while Cruz gave an eight-minute opening statement (more than twice the length of Grassley’s) and fielded six questions before yielding to his senior colleague. “I’m just going to say one thing,” Grassley said, “and then I’m going to have to go.”
By: Dana Milbank, Opinion Writer, The Washington Post, April 19, 2013
“Elected Official Edition”: Lindsey Graham Presents The Worst Response To Boston So Far
Sen. Lindsey Graham (R-The Worst) has some helpful suggestions for the Obama administration and, I guess, the thousands of FBI agents and police officers currently searching for Boston Marathon bomb suspect Dzhokhar Tsarnaev, in case any of them follow him on Twitter: Don’t read Tsarnaev his rights, if you catch him alive, because terror:
The last thing we may want to do is read Boston suspect Miranda Rights telling him to “remain silent.”
— Lindsey Graham (@GrahamBlog) April 19, 2013
If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes.
— Lindsey Graham (@GrahamBlog) April 19, 2013
If the #Boston suspect has ties to overseas terror organizations he could be treasure trove ofinformation.
— Lindsey Graham (@GrahamBlog) April 19, 2013
Graham wasn’t done, telling the Washington Post’s Jennifer Rubin (sigh): “This is Exhibit A of why the homeland is the battlefield.”
That is just the worst, dumbest, least helpful, wonderful (and totally predictable) response to a terror attack, Senator Graham. Making America “the battlefield” is sort of the point of terrorism (well, the point is also “killing Americans” and often “somehow causing America’s foreign policy to change in a way that is actually the opposite of the way that terrorism always makes America’s foreign policy change” but most terrorists aren’t great strategic thinkers, that is why they fucking bomb civilians).
So Tzarnaev is an American citizen, and while he may be a terrorist, terrorism is a crime. In America, when we arrest people for crimes we are required to inform the criminals that they have certain rights under the Constitution — the Constitution is this old list of rules that people like Sen. Lindsey Graham claim to revere — and we do this not just to make the criminal justice process fairer but also so that prosecutions don’t fall apart because of police misconduct.
This “don’t read terrorists their rights” line is weird nonsense even if you do think “terrorism” is a magical word that turns crime into super-crime-where-the-Constitution-doesn’t-count. Tsarnaev may be doing poorly in college, but he’s presumably watched enough television that if police tell him his rights he will not be surprised to hear them.
Anyway, Graham doesn’t even have to worry because the Supreme Court and the Justice Department have already basically rolled back Miranda to the point where once you say “terror” you basically only have to read someone their rights if you feel like it.)
Graham also told Rubin that it would be “nice to have a drone up there” because yeah what is impeding this investigation so far is that no one has access to any airborne cameras. IF ONLY WE HAD AIRBORNE CAMERAS.
This will remain the dumbest response to this week’s chaos until John McCain urges war with Russia and/or Liz Cheney urges war on Chechnya.
By: Alex Pareene, Salon, April 19, 2013
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