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James Bovard

Snowden and the Fight for American Privacy

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Edward Snowden did heroic service in awakening Americans to Washington ravishing their privacy. Snowden’s “reward” is to be banished in Russia without a snowball’s chance in hell of a fair trial if he returns to America. But as he courageously declared, “I would rather be without a state than without a voice.” He explained why he leaked classified information: “I can’t in good conscience allow the U.S. government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

To recognize Snowden’s contribution to liberty, it helps to review the political and legal  landscape before his revelations. In 2008, Sen. Barack Obama’s denunciations of the Bush administration’s warrantless wiretaps secured his image as a champion of civil liberties. Campaigning for president, Obama pledged “no more illegal wiretapping of American citizens…. No more ignoring the law when it is inconvenient.” Unfortunately, Obama didn’t promise not to ignore the law when it was “really, really convenient.”
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Endangering Washington's Divine Right to Deceive

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Do Americans have the right to know if the $100 billion in their tax dollars that the Biden administration is delivering to Ukraine is being wasted? No, according to the U.S. Congress - which recently voted against creating an Inspector General to investigate whether handouts to the most corrupt government in Europe were being stolen.

Do Americans have the right to know if their own government blew up the Nord Stream pipeline, the biggest act of environmental terrorism in history? The Washington Post reported that the message from the U.S. and western European governments is “Don’t talk about Nord Stream.” So almost all reporters were “good boys” and moved along.

Do Americans have the right to know if Biden administration officials have perennially made false statements about the prowess and victories of the Ukrainian army fighting the Russians?

No, according to Washington journalists who proudly fly Ukrainian flags on their own lavish homes.


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Presidents Are Legally Immune for Their Most Dangerous Crimes

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Manhattan district attorney Alvin Bragg has charged former president Donald Trump with thirty-four felonies tied to his payments to two women prior to the 2016 election. Some pundits are outraged that a former president is facing charges, and others are jubilant that Trump now has a mug shot. But this case will do nothing to curtail the most dangerous immunities that presidents possess.

Neither presidents nor any federal officials were entitled to break the law when this nation was founded. John Taylor, a US senator, wrote in 1820 that the Constitution “wisely rejected this indefinite word [sovereignty] as a traitor of civil rights, and endeavored to kill it dead.” But the following year, Chief Justice John Marshall concocted the doctrine of sovereign immunity out of whole cloth: “The universally received opinion is, that no suit can be commenced or prosecuted against the United States; that the judiciary act does not authorize such suits.” The Supreme Court declared in 1945 that sovereign immunity is “embodied in the Constitution,” but the justices have never revealed exactly where they found it.

In 1977, former president Richard Nixon told interviewer David Frost, “When the president does it, that means that it is not illegal.” Somewhat dumbfounded, Frost replied, “By definition?” Nixon answered, “Exactly. Exactly.” Nixon’s comments were considered scandalous at the time. But “It is not a crime if the president does it” is now conventional wisdom in Washington.
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Democrats champion censorship and smear Twitter files heroes

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The House Subcommittee on the Weaponization of the Federal Government held a hearing Thursday on the Twitter Files, which are exposing pervasive federal browbeating to suppress free speech.

Congressional Democrats championed the National Lampoon definition of censorship: Unless there is a photo of an FBI agent holding a gun to the head of a Twitter employee, the feds did nothing wrong.

Twitter Files reporters Matt Taibbi and Michael Shellenberger were on the witness stand. Though both are bestselling authors with long records of excellent reporting, they were treated as shameless grifters who were basely smearing noble federal agencies.

Taibbi and Shellenberger labored under the misconception that congressional hearings seek to reveal facts.

Instead, Democratic members viewed them as sacrifices on the altar of boundless federal prerogatives. Democratic members continually cut off the witnesses, signaling that their role was to shut up and take a whupping.

Rep. Stacey Plaskett (D-USVI) kicked things off for the Democrats by ominously declaring the pair “pose a direct threat to people who oppose them.”
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Biden Weaponizes Hate to Win Votes

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Historian Henry Adams observed a century ago that politics “has always been the systematic organization of hatreds.” President Biden confirmed this axiom in his raging speeches prior to the mid-term congressional elections.

Throughout his career, Biden has relied on a two-step routine —first appealing to “our better angels” before demagogically vilifying his opponents. In December 2020, after the Electoral College had certified his presidential victory, he declared, “Now it is time to turn the page, to unite, to heal.” In his inaugural address last year, Biden appealed to his audience: “We can join forces, stop the shouting, and lower the temperature.”

Except when turning up the temperature. After rowdy protestors briefly entered the US Capitol on January 6, 2021, Biden and his Democratic allies portrayed any Republican who did not unquestioningly endorse the 2020 election as a traitor. President-elect Joe Biden condemned the protestors as “domestic terrorists” and said their action “borders on sedition.” (Actually, Republican members of Congress who objected to the Electoral College verdict were being denounced as the “sedition caucus” even before January 6.) Pervasive allegations of treason are demands for a political death sentence (if not actual execution) for one’s opponents. This became the template for the Biden administration’s effort to preemptively demonize dissent. Biden piled on additional charges, such as his comparison of Sen. Ted Cruz (R-Texas) to Nazi propaganda chief Joseph Goebbels.
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Julian Assange and Our Impunity Democracy

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On Saturday, protests supporting Julian Assange will occur around the world. In London, Assange supporters will link arms around the parliament building. Protests will also occur outside the Justice Department headquarters in Washington (I’ll be one of the speakers), D.C., and in San Francisco, Tulsa, Denver, and Seattle, as well as in Australia.

Four years ago, I wrote a USA Today column calling for Assange to receive a Presidential Medal of Freedom. My piece failed to sway the Trump White House and the Biden administration has taken up the prosecution of one of the most important truth tellers of this century. Assange has been locked away for years in a maximum-security prison in Britain. He is facing extradition to face 17 counts of violating the Espionage Act for disclosing classified information. If the Brits deliver Assange to the U.S. government, he has almost no chance for a fair trial because of how prosecutions are rigged in federal court.

The last four years have revealed why activists like Assange, who has been held for years in a maximum-security British prison, are vital to any hope of making rulers accountable to the citizenry. Attorney General Ramsey Clark warned in 1967, “Nothing so diminishes democracy as secrecy.” At this point, America is an Impunity Democracy in which government officials pay no price for their abuses.
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Lessons from Biden’s Disinformation Board Debacle

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President Biden’s campaign to banish (or maybe outlaw) political paranoia took a wallop last spring. In April, the Department of Homeland Security proudly announced that it had created a new Disinformation Governance Board. The following month, the board’s chairman resigned, and Biden administration officials claimed the board was being “paused.” But it remains in the wings awaiting the White House summons for an encore performance.Thought police by another name

From the start, the Disinformation Governance Board looked like a political caricature dreamed up by people who never appreciated either Monty Python or Orwell’s 1984. Given the Biden record, it was unclear whether the new board will be fighting or promulgating “disinformation.” After controversy erupted, an unnamed DHS spokesperson told the Washington Post: “The Board’s purpose has been grossly mischaracterized; it will not police speech…. Its focus is to ensure that freedom of speech is protected.” Geez, why didn’t the Founding Fathers think of adding a clause to the First Amendment creating a nefarious-sounding government agency to ride shotgun on the nation’s media?

Team Biden expected applause and deference when they announced the first disinformation czar for the board, Nina Jankowicz, a 33-year-old Bryn Mawr college graduate who was hailed as an “information warfare expert.” Jankowicz had the type of resume that made the Washington Post swoon — a Fulbright scholar, a graduate degree from Georgetown University, and “stints at multiple nonpartisan think tanks” — all of which were coincidentally progovernment — thus proving that Jankowicz herself was trustworthy.

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Did the FBI Swing the 2020 Election?

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Joe Biden won the 2020 election as a result of 43,000 votes in three states. The election was far closer than the media has usually admitted. There were plenty of dubious factors that could have tipped the scales for a Biden victory, including machinations by the Federal Bureau of Investigation.

The long history of FBI abuse

Though the media usually portray the FBI as the ultimate good guys, the bureau has long history of intervening in presidential elections. Shortly after taking office after Franklin Roosevelt’s death, President Harry Truman commented in his diary: “We want no Gestapo or Secret Police. FBI is tending in that direction. They are dabbling in sex-life scandals and plain blackmail…. This must stop.” But FBI Director J. Edgar Hoover outfoxed Truman and every subsequent president.

In the 1948 presidential campaign, Hoover brazenly championed Republican candidate Thomas Dewey, leaking allegations that Truman was part of a corrupt Kansas City political machine. In 1952, Hoover sought to undermine Democratic presidential candidate Adlai Stevenson by spreading rumors that he was a closet homosexual.
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Will Punch-Drunk Biden Take America Down with Him?

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President Biden often looks like a punch-drunk old fighter sent into the ring once too often. At this point, the only thing lower than Biden’s approval numbers is his energy level. Is Uncle Joe too old to rebound?

At this point, Biden is running on little more than fumes and righteousness. In his televised antigun speech Thursday night, Biden proclaimed that he expected most people “to turn your outrage into making this issue [assault weapons] central to your vote.” Biden’s histrionic spiel was far more likely to turbo-charge gun owners than gun banners and could be another coffin nail for Democratic candidates in middle America. Biden perennially tells audiences that banning assault weapons is justified because the Second Amendment didn’t permit Americans to own cannons—a falsehood that even the Washington Post has repeatedly derided.

Inflation is the top issue by a wide margin for Americans nowadays. Biden’s inflation will soon have inflicted a 10 percent cut in the purchasing power of Americans’ paychecks. But Biden is indignant at criticism of his policies. When Peter Doocy of Fox News asked about the impact in January, Biden called him “a stupid son of a bitch.” In a March speech to Democratic members of Congress, Biden raged at being blamed for inflation: “I’m sick of this stuff! … We have to talk about it because the American people think the reason for inflation is the government spending more money. Simply. Not. True.”
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The Latest Media Assault on Freedom

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Prominent journalists are calling for the media to champion a “pro-democracy” bias in how they portray politicians and government agencies. But tub-thumping for democracy — or at least for politicians who claim to be pro-democracy — is a poor substitute for exposing the proliferation of government abuses. Freedom will be the victim if journalists grasp a new pretext to portray government as a trustworthy savior.

In January, Washington Post columnist Perry Bacon called for a “pro-democracy media,” vigorously describing “long-standing Republican tactics such as aggressive gerrymandering as … dangers to democracy.” Bacon frets because “gun-shy editors” fail to denounce Republican “radicalism” in banner headlines. Washington Post media columnist Margaret Sullivan declared, “That American democracy is teetering is unquestionable” due to pro-Trump Republicans, requiring a “new pro-democracy emphasis” to be “articulated clearly — and fearlessly — to readers and viewers.” Post columnist Brian Klaas admits that “the media adopting a pro-democracy bias … effectively means being pro-Democratic [Party],” but there is no alternative except to “unequivocally and unapologetically condemn” Republicans.

What could possibly go wrong from journalists pretending that only one political party threatens Americans’ rights and liberties? Demonizing one political party tacitly saints their opponents. But both Republicans and Democrats have a long record of unleashing federal agencies and ignoring the subsequent constitutional carnage.

Urging the media to become “pro-democracy” is reminiscent of a corporation that is almost bankrupt and gambles everything on a desperate “Hail Mary” pass. A June 2021 survey by the Reuters Institute reported that only 29 percent of Americans trusted the news media — the lowest rating of any of the 46 nations surveyed. A Gallup poll last year revealed that “86 percent of Americans believed the media was politically biased.” Practically the only folks who don’t recognize the bias are the people who share the media’s slant.
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