People who don't understand how America works

Glenn Greenwald wages what must at some times seem like a lonely battle against the forces that would create an Imperial Presidency. As hard as this may be to believe, this actually happened:

The United States Congress openly debated yesterday whether the federal government should begin imprisoning journalists who publish stories containing information which the Bush administration wants to conceal.

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As one can say for so many core American political principles, the U.S. Government under 42 different Presidents has thrived and defended the nation for 220 years without the need to imprison journalists for the stories they publish, but the Bush administration is the first to claim that it has to dismantle these liberties because it is too weak -- and America is too weak -- to maintain national security unless we radically change the kind of country we are.

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That's how this group of Bush followers thinks America is supposed to work. If you are a U.S. citizen, the President can unilaterally order you abducted and imprisoned; does not have to charge you with any crime; can block you from speaking with anyone, including a lawyer; can keep you incarcerated indefinitely (meaning forever); and can deny you the right to any judicial review of your imprisonment or any mechanism for challenging the accuracy of the accusations. And oh - while it would be nice if we could preserve all of that abstract lawyer nonsense about the right to a jury trial and all that, we're really scared that Al Qaeda is going to kill us, so we can't.

Even Supreme Court Justice Antonin Scalia understands that this isn't how it works and explained in Hamdi v. Rumsfeld why the Constitution bars the Government from imprisoning U.S. citizens without a trial.

The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive. . . .

As Scalia makes so clear -- but shouldn't need to -- if there is any defining American principle, it is that the President can't throw U.S. citizens in jail without charges and a trial. Since the 13th Century Magna Carta, not even the British King could do that. But there are virtually no American political principles left which are not being called into question, if not overtly attacked, by Bush followers. Prohibitions on torture, the right to a jury trial, the obligation of the President to obey the law, the right of the press to publish stories without criminal prosecution -- all of the values which have distinguished this country and defined who we are as a nation for the last two centuries are all being debated and assaulted.