The United States is demanding that Pakistani President Pervez Musharraf lift emergency rule in his country, which he is using as an excuse to suspend the constitution and restrict civil liberties. But Americans’ freedoms also are eroding under the pretext of a national emergency. Perhaps some of those defending democracy in Pakistan should pay closer attention to what’s happening at home.
The Bush administration says Musharraf must give up control of the army; some members of Congress are demanding that the United States cut off financial aid to Pakistan until he does. But consider this: Last year, Bush pressed for — and Congress gave him — authority to more easily declare martial law.
Previously, a president could use the military for domestic law enforcement only when “rebellion against the authority of the United States makes it impracticable to enforce the laws of the United States by the ordinary course of judicial proceedings.” But the National Defense Authorization Act that Bush signed into law last fall included a provision allowing the president to commandeer every state’s national guard in case of public disorder resulting from natural disaster, disease, terrorist attack or “other conditions.”
The measure was opposed by the National Guard Association, the National Sheriffs’ Association, the Adjutants General Association and all 50 governors. Like other critics of the provision, they rightly feared that allowing a president to federalize the national guard and declare martial law under such subjective conditions would be too great a temptation for a power-mad executive to resist. Would theRepublican Congress that gave Bush such authority trust Hillary Clinton with that much power?
Reasonable people may debate whether any crisis could be grave enough to warrant giving a president dictatorial authority, but nothing excuses giving the president power to dictate behavior at the Super Bowl. Effectively, that’s the result of a provision in the renewed Patriot Act sponsored by Sen. Arlen Specter, R-Pa., which expands the Secret Service into a federal police force with authority over attendees at national events. Keep in mind that the Secret Service doesn’t enforce democratically enacted laws; agents establish rules that suit their purpose and convenience. Moreover, the Secret Service isn’t accountable to citizens; the agency acts at the president’s behest.
Specter recently said that the United States should take the lead “in putting the maximum pressure on Musharraf to return a democracy.” He’s worried about freedom in Pakistan — but has no concern about giving more unchecked power to an unaccountable police force here at home?
Donald Kerr, deputy director of National Intelligence, recently said that Americans need to change their expectation of privacy. They can no longer enjoy the ultimate freedom of anonymity, but they can trust that their government will properly safeguard their private communications and financial information. In other words: Get used to the feds reading your e-mail and bank statements and trust them to keep it secret.
Totalitarian governments keep tabs on their citizens. Free people keep tabs on their government. An administration official tells us to get used to the former — and we’re focused on Musharraf?
Fortunately, freedom in this country still has some allies, such as Rep. Mark Udall, D-Colo., who included in this year’s defense bill a measure restoring to governors control over the states’ national guards. That’s a start. Surely there is at least one member of Congresswilling to rein in the Secret Service — someone who sees the danger of creating a federal police force over which the president has complete control. Out of all those lawmakers who foam at the mouth defending privacy when it pertains to abortion or homosexuality, couldn’t one direct his or her zeal toward defending citizens’ rights to keep private information out of public hands?
Like Musharraf, too many politicians use terrorism as an excuse to grab power. Too few are willing to defend freedom. If that doesn’t constitute a national emergency, I don’t know what does.
Examiner Columnist Melanie Scarborough lives in Alexandria.
