Like Talking to a Brick Wall

 


The First Continental Congress of the American Colonies sent a petition to King George III on October 25, 1774, requesting he redress their grievances against the British Parliament related to the Coercive Acts passed in response to the Boston Tea Party of December 16, 1773. The king ignored the petition, and consequently the colonists’ march toward revolution picked up momentum over the next year, resulting in the beginning of hostilities in the spring of 1775. Petitions were the primary recourse of the American Colonists in dealing with their British rulers across the Atlantic Ocean since they had no official representation in Parliament, hence the slogan “No taxation without representation.”

The nation’s founders regarded the right to petition the government as so essential to a free society that they included it in the First Amendment, adopted in 1791. They made the right explicit despite the reality that citizens of the United States, unlike colonists under the British Empire, had official representation in the government. James Madison, who was largely responsible for drafting the Bill of Rights, understood that while the people had representation in government, their representatives may not be responsive to the wishes of all the people, and that therefore the people required another, independent outlet “for a redress of grievances.”



The unresponsiveness of government representatives to the people has rarely appeared as evident as it does now, when it seems representatives are responsive mostly to the wishes of corporate contributors to their election campaigns. Polls do not necessarily give lawmakers an accurate idea of how some of their constituents are feeling about issues because responding to pollsters is a passive response to a pollster’s sometimes tailored questions. Poll sample sizes are also often ludicrously small on account of the expense and difficulty of polling. Pollsters claim they conduct their surveys based on well-researched principles in order to achieve accurate representation from small sample sizes, but there are plenty of examples to cite in demonstrating that taking polls is as much art as it is science, and not at all infallible. For one example, look at how inaccurate the polling was in several key Rust Belt states in the weeks before the November 2016 presidential election.


Mrs Emmeline Pankhurst, Leader of the Women's Suffragette movement, is arrested outside Buckingham Palace while trying to present a petition to King George V in May 1914. Q81486
Emmeline Pankhurst, leader of the Woman’s Suffragette movement in England, arrested outside Buckingham Palace in London while trying to present a petition to King George V in May 1914. Photo from the British Imperial War Museum.


Signing a petition is an active measure taken by citizens numbering in the thousands or millions, as opposed to a select few hundreds or thousands responding passively to a pollster. Citizens mostly seek out petitions on their own initiative, or are made aware of them by friends or family, or by reading the news. The relative ease of signing a petition online, compared to signing one circulated door to door, does not discount that people are participating in the political process instead of waiting for someone to ask their opinion. The distinction is not a small one. Yes, physical participation in a protest weighs far more than signing an online petition in getting the attention of government leaders and the society at large, but an online petition nonetheless demonstrates that the people signing it are paying attention. Numbers have always given weight to petitions, and in the internet age it is possible for millions of people to make their wishes known to their representatives within days of a petition’s first appearance.

The petitions currently circulating urging United States House of Representatives legislators to impeach the occupant of the Oval Office are an excellent demonstration of the need of the people for an outlet to make their wishes known to their government. To anyone paying attention honestly to developments originating from the White House since January 2017, it has long been obvious that impeachment and conviction of the current president would be necessary sooner or later to uphold the rule of law. The nation’s legislators, however, always conscious of political calculations and of the interests of their big money donors, have been dragging their feet to avoid having to put themselves on the line in upholding the oath they took to preserve and defend the Constitution.

Captain Queeg, the character played by Humphrey Bogart in the 1954 film The Caine Mutiny, was obviously unstable, but nonetheless discharging him from his command was quite difficult because the captain of a vessel at sea is by necessity an autocrat whose authority is fully backed by a nation’s institutions. For all that, Captain Queeg was not a corrupt grifter with contempt for democratic institutions and a sneering disregard for the norms of civil discourse, and in comparison to the offenses of the current president, Queeg’s official transgressions were minor.

In other words, members of Congress have a constitutional duty to impeach this president for high crimes and misdemeanors he has engaged in too obviously for them to ignore any longer. Whether he will be convicted in the Republican-controlled Senate is anyone’s guess at this point. It probably depends on whether political calculations indicate to at least a few key Republican senators that the time has come at last to throw the president over the side, at which point many of the rest will scramble to get on board.

If millions of American people had waited politely for a pollster to ask them if impeachment was necessary, instead of taking matters into their own hands and petitioning their representatives, Congress might still be dithering, possibly all the way up to Election Day 2020. The current president may not get convicted in the Senate and removed from office before then, but it’s important that public hearings in Congress shine a light long enough and brightly enough on the corrupt and unethical practices of his administration that even the most disengaged voters will have to listen. A brick wall, no matter who constructed it, can keep people from hearing their government at work as well as keep government leaders from hearing the people, but now that representatives have finally listened to people engaged enough to petition them, it’s important that the rest of the populace listen honestly to the arguments for impeachment, and honest engagement requires more than checking an often lopsided Facebook news feed, a far sloppier way of exercising one’s civic duty than signing an online petition.
— Vita

 

And Another Thing

 

Telling someone off, no matter who they are and how high and mighty they may seem, is as American as apple pie. In fact, the more important a person purports to be, the better for all concerned in our society that someone tell that person off sooner or later, either before or after they get too big for their britches. That’s democracy. Last October, when Juli Briskman was out for a bicycle ride in Sterling, Virginia, and the motorcade of the Duffer-in-Chief passed her on the road on their way back from yet another weekend on the links, Ms. Briskman exercised her rights as well as herself by flipping off the Duffer and his motorcade. Her gesture was every bit an expression of American freedom as the “thumbs up” gesture the Duffer favors using, or even the one where he points to the person next to him in an awkward and strange display of his dominance.

 

Ms. Briskman is now suing her former employer, Akima, a federal contractor in the facilities maintenance business, for unlawful termination in order to collect legal fees and the severance pay they promised, but never gave her. Akima’s management used the excuse of an obscene social media posting by Ms. Briskman to fire her, because she posted the photo of herself flipping off the president’s motorcade after it had already circulated widely through the news media. She was making a political statement on her own time when she flipped off El Presidente, and she posted the picture on her personal social media account, with no reference to the company she worked for, yet the Akima bosses saw fit to throw her under the bus once it became widely known she worked for them, a federal contractor seemingly at the mercy of the whims of El Presidente.

DC Women's March - 31640799373 09
The Women’s March on January 21, 2017, in Washington, D.C., one day after the installment of Spanky the Pussy Grabber in the Oval Office. Photo by Liz Lemon.

It’s unfortunate Ms. Briskman lost her job over her political statement, though considering how Akima management reacted it is perhaps best for her in the long run to get away from those people. What’s particularly interesting about the lawsuit she is bringing against them is the effect it may have on employers’ control over their employees lives outside of work. There has been a trend toward companies’ monitoring of employees’ social media accounts, and whether the companies or the public disapproves of any individual’s social media postings or political activity outside of work should be immaterial under the First Amendment to the Constitution. It is worth noting the irony that the Supreme Court, with its 2010 decision in Citizens United, upheld the notion that the political campaign expenditures of corporations qualify as free speech, with protection under the First Amendment, yet there has been no Supreme Court ruling on the broad capacity of corporations to intimidate their employees when it comes to the employees expressing themselves freely on their own time.

People are free of course not to work for such corporations, just as they are free not to work for a corporation like Sinclair Broadcasting, which forces its employees to spout the company line over the airwaves on the company’s time, whether they agree with it or not. The problem comes when these companies acquire undue influence throughout their particular industry, and can then effectively blackball not only dissent, but the dissenters as well. That’s where the courts are supposed to step in to protect the rights of individuals, the rights that are codified in many laws from the Constitution’s Bill of Rights on down to state laws against discrimination and unequal treatment of all sorts. But it’s expensive to fight large corporations in court. The corporations know that, and they will often act in that case in what they perceive as their own best interest, letting the legal chips fall where they may, which often as not happens to be in their favor.

A fine display of the art of telling someone off in the 1992 film Glengarry Glen Ross, from the play by David Mamet about real estate salesmen, and starring Al Pacino, Kevin Spacey, and Jack Lemmon. Warning: foul language.

There ought to be a better way, and in fact there was a better way at one time. It was called “unions”. Corporations have non-disclosure agreements, arbitration agreements, end-user license agreements, and any number of other agreements in legalese meant to tie up individuals one by one and render them powerless against the mighty corporation with its cadre of lawyers on retainer. An individual such as Juli Briskman has to rely on a GoFundMe campaign in order to go to court to ensure her rights are respected, and to be able to pay the fees of attorneys working on her case as well as necessary household expenses while she looks for a new job. She is actually lucky, in that her case has generated sufficient publicity to get people interested in donating to her cause. Most people have to fight on their own, falling back on scanty resources. Unions, as corrupt and inefficient as some of them were, helped keep corporations in check, and now that the unions are almost entirely gone there is no check remaining on the corporations, not with the government in their pockets, and so now they seek to control every aspect of our lives, economic, social, and political.
— Ed.

 

I Have Nothing to Hide

 

So when they continued asking him, he lifted himself up and said unto them, He that is without sin among you, let him be the first to cast a stone at her.
― John 8:7 (Jubilee Bible 2000)

In any discussion of government surveillance, such as has been revealed by the recent WikiLeaks “Vault 7” release of CIA documents, there are some folks who are apt to pipe up with “Let the government spy on me – I have nothing to hide.” By that they presumably mean for their listeners to understand they are not terrorists, criminals, or perverts, and to drive home their utter lack of impure intentions they will often add a feebly humorous aside about how government agents would fall asleep from the boredom of eavesdropping on them. How reassuring to learn that government flouting of the Fourth and Fifth Amendments to the Constitution is okay because there are some among us who are without sin! Whether these folks realize it or not, their smug pronouncement comes out of them because in their lives the presumption of innocence has always been a given, and therefore government agents would have no interest in their good citizen behavior. It doesn’t seem to occur to them there are others in our culture who, through no fault of their own, are presumed guilty, and there are still others who are just as law abiding as the “nothing to hide” crowd, but may be concerned about hackers and thieves accessing their data, or simply want to be left alone and feel that their affairs are their own and should not be the concern of the government. We can use locks on our doors not only to keep out criminals after all, but nosy neighbors and government snoops as well.

Jesus und Ehebrecherin
Jesus and the Adulteress; drawing by Rembrandt.

The digital age has changed the game somewhat by introducing new channels of communication and cheap storage for vast quantities of information. The Fourth and Fifth Amendments are no less valid, however, in stating that citizens should be secure in their “effects”; that government officials need warrants; that citizens cannot be compelled to testify against themselves; and that government shall follow due process of law in proceedings against any citizen. Naturally the Founding Fathers did not foresee the age of computers, smartphones, and the internet. They didn’t need to foresee those things, because in looking back on thousands of years of ancient Roman and Greek law and English common law, they were able to extract valid principles which were applicable to the general human condition whatever the particulars of any one era might be. Since their time, we have moved from postal mail and personal messenger to phone calls and telegrams, and now to blog posts and email. Government snooping amounts to the same thing whatever the means of communication, and it is protection from the ends that the Founding Fathers wrote into the Constitution.

That much should be obvious, yet the erosion of the Bill of Rights continues bit by bit, often with the excuse that technology has wrought different contingencies in our modern era. There are no different contingencies – what has changed is that the state of emergency appears now to be permanent because it suits the agenda of powerful interests in the military-industrial complex. In the past, the United States government trampled rights for various reasons which seemed sensible to many at the time, from the Alien and Sedition Acts of 1798, to the Palmer Raids of 1919 and 1920, to the internment of Japanese-Americans in World War II. Always the advocates of such policies invoked a state of emergency to justify the abuse of state power, but eventually calmer heads and changing circumstances would prevail and the balance would be corrected.

A segment of Eisenhower’s January 17, 1961 farewell address, with commentary.

As long as there are enablers of government snooping who complacently and self-righteously announce to everyone within earshot that they “have nothing to hide,” dislodging the powerful interests invested in the current status quo and restoring a constitutionally correct balance between citizens and government will be a protracted struggle. Those who value the privacy of their communications enough to take measures to protect it, such as by using the Tor internet browser or encrypting their emails, are thereby presumed guilty of possible anti-state, criminal, or sexually deviant enterprises by government snoops and their sanctimonious “nothing to hide” enablers because the very action of taking privacy measures draws scrutiny from those groups and is something they deem an admission of being up to no good. It is as if the Fourth and Fifth Amendments have been turned upside down, and objecting to having snoops looking in the windows of your house and walking in through the front door any time they please is fussy obstructionism, definitely unpatriotic, and possibly prosecutable. The “nothing to hide” folks are unconcerned over these developments, secure as they are in the comforting knowledge of their own innocence, though they may want to keep in a corner of their uncluttered minds the notion that the perception of innocence by those in power can shift capriciously, and so they are well advised to note this paraphrased bit from a poem by the German Lutheran pastor Martin Niemöller: They came for the Privacy Advocates, and I did not speak out – Because I had nothing to hide.
― Techly

 

The Fickle Fingerprint of Fate

In May of 2016, Department of Justice officials wrote a memorandum seeking a warrant to search a Lancaster, California, premises and to force the occupants to unlock any phones or electronic devices with their fingerprints if the devices were equipped with that technology. This amounted to a fishing expedition to circumvent previous court rulings which held that law enforcement could not compel a criminal suspect to unlock an electronic device with their pass code because that would be a violation of the Fifth Amendment protection against self incrimination. It is unclear whether the DoJ ultimately received the warrant they sought because not all documents related to the case are publicly available.

Creation of Adam (Michelangelo) Detail
“Creation of Adam,” by Michelangelo

Why is compelling a suspect to unlock a device with their fingerprint also not a violation of the Fifth Amendment? Because of a 2014 ruling in a Virginia Circuit Court which stated that fingerprints and other bodily attributes are not protected, while handing over a pass code to law enforcement is divulging of information, which is protected. Law enforcement has long been able to use a suspect’s physical characteristics to incriminate him or her, but has not been allowed to compel a suspect to give up information. The problem now is that technology has leaped ahead of current law, and judges and prosecutors are falling back on anachronistic case law to cope with the use of biometrics like fingerprints and iris scans to lock personal electronic devices. Case law going back one hundred years and more treats fingerprints as a way of determining a suspect’s culpability at a crime scene, not as a key to a suspect’s possessions which may or may not contain evidence. It is obtuse to claim that a fingerprint or any other biometric is not the same as a pass code when it is being used for the same purpose.

All seeing eye
“All seeing eye,” from U.S. currency

The use of biometrics is springing up not only in consumer devices, but in technology used by the military and law enforcement. The 2002 film, Minority Report, depicts a dystopian future when law enforcement and advertisers make great use of biometrics, and those predictions are proving more accurate with each passing year. The Department of Justice already uses facial recognition technology for surveillance of people in public spaces, and as we have seen with the National Security Agency, the ability of modern digital storage to accumulate massive amounts of data encourages the practice of scooping up everything indiscriminately. Like a fishing trawler using a drift net, law enforcement intends to collect everything now, store it, and sort it all out later. They think they are being efficient and better safe than sorry. But people are not fish subject to by-catch, which ought to be obvious enough, and to be sure the Fourth and Fifth Amendments to the Constitution make the distinction clear.
– Techly

Randolph County Veterans Memorial Park Bill of Rights marker
Randolph County, Georgia, Veterans Memorial Park Bill of Rights marker;
photo by Michael Rivera