The Obama administration and the criminalization of dissent

I wrote a piece early last October laying out my thoughts as to what the Obama administration would look like, and what his presidency would bring. At some point, I intend to do a full-scale review of that post, evaluating what I got right and what I got wrong, but at this point I think I can call the shot on three connected predictions I made:  that Barack Obama’s talk of bipartisanship would be just empty words belied by a highly partisan administration, that Nancy Pelosi would run rampant, and (most worrisome), this:

I believe the approach we’ve seen from the Obama campaign to dissent and criticism will be repeated in the policies and responses of an Obama-led Executive Branch; given the clear willingness of his campaign to suppress freedom of speech to prevent criticism of their candidate, I believe we’ll see the same willingness from his administration and his chief congressional allies. This will mean a surge in the kind of the strongarm political tactics that we’ve already seen entirely too often this year. . . .

The Obama campaign’s efforts to shout down Stanley Kurtz and David Freddoso (in an effort to intimidate Chicago radio station WGN into canceling their appearances on Milt Rosenberg’s show) ought to be disturbing to anyone who cares about free speech. Of even greater concern should be the Obama “truth squads” in Missouri, where the campaign enlisted allies in public office to threaten prosecution of any TV station that runs any ads about Sen. Obama that the campaign deems untrue. Not only is this approach outrageously biased (one side’s allowed to lie, but the other isn’t?), it gets into some very grey areas about interpretation and intent, and thus raises some real concerns as to the approach an Obama Department of Justice might take to the First Amendment.

This kind of approach, like Joe Biden’s suggestion that an Obama/Biden administration might prosecute the Bush administration, is nothing more nor less than the use (or threat of use) of political power to punish one’s opponents, intimidate critics, and silence dissenters; it’s the sort of thing we’re used to seeing in Zimbabwe, not here—and as the case of Zimbabwe shows, there’s nothing, not even money, that can corrupt a democracy faster, or more severely. I’ve argued before that one of the great problems with our politics in this day and age is that we absolutize our own perspectives—we assume that our own perspectives and presuppositions are the only legitimate ones, and that those who disagree with us can’t possibly be doing so sincerely, but must be acting out of motives that are selfish or otherwise wrong. The criminalization of politics, which we’re starting to see urged by the Obama campaign, is a more extreme version of that problem, because it argues that those motives are not only wrong, but are in fact criminal in nature. The chilling effect of that sort of approach should be deeply worrisome not just to conservatives, but also to true liberals.

Unfortunately, it appears that many leftist Democrats aren’t true liberals, because President Obama has now invited just such prosecutions, and they don’t appear to be worried at all; to its credit, the Boston Globe did call out Janet Napolitano and the Department of Homeland Security for the egregious report that pretty much labeled all conservatives as potential terrorist threats, but an awful lot of Democrats seem to be just fine with it.  Indeed, many who were First Amendment absolutists who loved to wax lyrical about the importance of dissent back when there was a Republican in the White House now seem to think anyone who dares argue with the Anointed One should be drug out into the street and shot.

To repeat:  the willingness of those in power to deal with opposition by criminalizing policy differences—to use brute force as a tool for gaining and maintaining political power—is one of the things that makes places like Zimbabwe the basket cases that they are.  We cannot afford to allow such an approach to corrupt our system.  But even if concern for what’s best for the nation doesn’t restrain the Obama administration from such banana-republic tactics, enlightened self-interest should, as Matt Lewis memorably illustrated (HT:  Joshua Livestro):

There has been a lot of debate on the potential prosecution of Bush Administration officials who offered legal opinions supporting waterboarding—with some even calling for investigations of high-ranking officials like Dick Cheney. However, one thing that hasn’t been given the attention it deserves is the precedent it would set if we were to criminalize national security decisions. Hence, I’ve finally decided to test out the time machine I’ve been building in my basement—and you would be surprised what sort of things grew out of the current debacle.

For instance, the following Associated Press story was filed on April 23, 2013, and if it sounds Orwellian, well, it is:

OBAMA ADMINISTRATION OFFICIALS TO FACE PROSECUTION

WASHINGTON—The Justice Department announced today that charges could be filed against numerous Obama Administration officials as a result of last year’s terror attack in Los Angeles. In announcing the indictments, Attorney General John Cornyn said that top officials showed “gross and purposeful negligence” by releasing perpetrators of the attacks from the Guantanamo Bay prison camp and demanding that interrogation tactics be softened against chief planner Mehmet al-Meshugeneh, who had already revealed that a major attack was being planned against a major U.S. sporting event.

“By purposefully disregarding crucial intelligence, and in releasing known participants in the plot into Saudi custody, numerous government officials took action which made the Staples Center bombing possible,” Cornyn said. He went on to note that “numerous individuals in the Departments of Defense, Justice, and Homeland Security knowingly pursued policies which would endanger the lives of Americans. They placed their political priorities above the safety of the citizens of this country, and thousands of innocent people died as a result. These people must be prosecuted to the fullest extent of the law.”

At the White House, Press Secretary Adam Brickley said that President Sarah Palin stands firmly behind the decision. “It’s not as if we relish the thought of prosecuting members of the previous administration,” Brickley said, “but, at this point, there is a clearly established precedent—set in place by the Obama Administration themselves—which says that government officials must be held accountable if they contributed in any way to major breaches of the law. In this case, the individuals under investigation do appear to have purposefully allowed these terrorists to continue their actions—prioritizing international public opinion over the lives of the American people. So, while this may be a politically charged issue, there is a real need to prosecute.”

In the end, the sort of tactics the Obama administration has now begun to employ are ineffective at silencing dissent (as the case of Zimbabwe, along with many other nations, shows)—all they really do is raise the stakes enormously.  If you’re willing to start prosecuting your predecessors, you’re going to get the same treatment from your successors unless you can manage to do one of two things:  a) overthrow the Constitution so that you can become President-for-Life, or b) never make a significant mistake.  Taken all in all, I’d say the first is likelier, and neither exactly probable.

All of which is to say that Barack Obama and his senior staff and advisors would do well to remember, and live by, an ancient piece of wisdom:

“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets.”

—Matthew 7:12 (ESV)

Posted in Barack Obama, Politics, Scripture.

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