For those who haven't been watching this drama play out, John Gilmore has been one of the few people who has had the testosterone to ask WHY our right to travel domestically without "showing our papers" has suddenly been revoked. He wants to know how and why this unconstitutional restraint on our traveling between states has appeared. And "they" don't want to tell him. Rather scary, eh?
I just saw the latest
news on John Gilmore's case concerning the requirement to present ID before
boarding a commercial aircraft.
There are lots of opinions on both sides of the main issue. But I'm not
going to try here to elaborate, much less address, those opinions.
Rather, what I am writing about here is the assertion by the government that
they can make their arguments in secret, not even telling Gilmore what those
arguments are.
That assertion screams of Kafka. Is John Gilmore a modern day Joseph K
who is never to learn why his rights are being removed, much less to have a real
means to make a challenge?
I will soon be writing some thoughts engendered by a book I just read -
Sinclair Lewis' 1935 novel It
Can't Happen Here When I read of actions and assertions by the
present so-called "Justice" Department - assertions such are being
made here in the Gilmore case, redaction
of case citations in decisions, as well as assertions recently made (but
fortunately rejected by the courts) of executive power to hold prisoners
incommunicado for indefinite periods, I wonder whether the book could be
re-issued under the title It Is Happening Here?
We as citizens deserve more from our government than "trust
us". Citizens can not exercise their rights as citizens without
information. A democracy can not survive in secrecy. A government
that hides behind secrecy is a government that has repudiated the principles
upon which this country was founded.
We may not all agree with John Gilmore's claim that he can board a commercial
airliner without showing ID. But I believe that we all can agree that
secret trials are wrong and are permissible only in extreme cases after a clear,
complete, and compelling public showing by the government that a secret
proceeding is necessary in a specific case and that there is no less burdensome
alternative.
[
CaveBear Blog]