Tag: 1984 was a Warning not a Blueprint

Since it’s existence was confirmed people have been wondering exactly a person had to meet to be added to one of the government’s terrorist watchlists. The most transparent government in history has remained tight lipped about the criteria claiming it would be a threat to national security. So we’ve been left to guess and ponder. That is until now:

The “March 2013 Watchlisting Guidance,” a 166-page document issued last year by the National Counterterrorism Center, spells out the government’s secret rules for putting individuals on its main terrorist database, as well as the no fly list and the selectee list, which triggers enhanced screening at airports and border crossings. The new guidelines allow individuals to be designated as representatives of terror organizations without any evidence they are actually connected to such organizations, and it gives a single White House official the unilateral authority to place “entire categories” of people the government is tracking onto the no fly and selectee lists. It broadens the authority of government officials to “nominate” people to the watchlists based on what is vaguely described as “fragmentary information.” It also allows for dead people to be watchlisted.

The Intercept managed to get a hold on a complete copy of the guidebook and release it in its entirety to the public [PDF]. It’s a sizable document and I haven’t read through the entire thing. What I have read indicates that it’s a legalese justification for basically putting anybody on the terrorist watchlist without worrying about pesky things like due process or evidence. In fact it’s an easy list to get onto but not an easy list to get off of:

The difficulty of getting off the list is highlighted by a passage in the guidelines stating that an individual can be kept on the watchlist, or even placed onto the watchlist, despite being acquitted of a terrorism-related crime. The rulebook justifies this by noting that conviction in U.S. courts requires evidence beyond a reasonable doubt, whereas watchlisting requires only a reasonable suspicion. Once suspicion is raised, even a jury’s verdict cannot erase it.

The only way you’re leaving this list is in a box. Just kidding, even being dead isn’t a good enough reason to be removed from the list:

Not even death provides a guarantee of getting off the list. The guidelines say the names of dead people will stay on the list if there is reason to believe the deceased’s identity may be used by a suspected terrorist–which the National Counterterrorism Center calls a “demonstrated terrorist tactic.” In fact, for the same reason, the rules permit the deceased spouses of suspected terrorists to be placed onto the list after they have died.

What this leak does is confirm most of the suspicions us crazy libertarians have had for a while now: the United States is without a shadow of a doubt a police state. Secret lists of people of interest that require no due process to get on and are practically impossible to get off of (after all, the government wouldn’t suspect you of wrongdoing if you weren’t doing something wrong) have been a favorite tool of especially tyrannical states since, most likely, the beginning of states.

One of my biggest gripes with the whole “illegal” immigrant issue is that those arguing for stronger enforcement against people born outside of this country are necessarily arguing for the establishment of a police state (which we already have so they’re really arguing for an even more tyrannical police state). In order to ensure only citizens and “legal” immigrants are in this country there needs to be a way to identify them and a way to verify their identities. That necessity leads to shit like police checkpoints where everybody has to present their papers for inspection:

The speed limit drops to 35 mph, the first warning of the upcoming checkpoint. All vehicles must stop. Drivers must use low beams. Wray pulls up along a string of neon-orange cones. “Slow down, slow down,” she says. “Hmm. I don’t see anybody. Today might be a lucky day. I don’t see anybody. Maybe they are in the car? Oh, there they are.”

A stocky uniformed man emerges from a shaded hut on the edge of the road and crosses to Wray’s window.

“How you doing?” he says, peering into the pickup.

“Doing good,” she says.

“U.S. citizens here?” the Border Patrol agent questions.

“U.S. citizens,” Wray says.

The agent nods, steps back and beckons us onward.

Wray exhales deeply, loosens her grip on the steering wheel, and presses on the gas.

A frontier war is being waged in southern Arizona, but it’s many miles north of the Mexico border. People are fed up with the immigration checkpoints. A round-the-clock U.S. Border Patrol presence at the checkpoints means that American citizens must endure inspection when they commute to work or run errands; every major road has one of these blockades.

I’m old enough to remember when people used the existence of checkpoints in the former Soviet Union as evidence that the nation was suffering under a tyrannical regime. Now we have the exact same shit here. Between citizenship checkpoints, sobriety checkpoints, and random police checkpoints setup when officers are looking for a suspect we have plenty of opportunity to emulate Soviet citizens by presenting our papers to thugs with badges. I guess checkpoints have gone from tyrannical to free now that we have them because I don’t hear as many people bringing them up as evidence of tyranny anymore.

Some people less apt to bow down to authority figures my contest the legality of these citizenship checkpoints. But Tuscon exists in the “Constitution free zone” where we have even fewer privileges than normal. In all probability these checkpoints are completely legal due to where they are because this is the land of the free.