DNA TESTING: OSAMA’S GONE BUT HIS LEGACY LIVES ON: IT SEEMS THAT OUR BIGGEST DANGER IS THAT WE WILL BECOME A POLICE STATE FOR DUBIOUS EFFICIENCY REASONS AT THE EXPENSE OF OUR CONSTITUTIONAL FREEDOMS AND OUR DEMOCACY.
Filed under: A POLICE STATE, CONSTITUTIONAL FREEDOMS, DNA TESTING, LEGACY, OSAMA’S GONE, OUR BIGGEST DANGER, OUR DEMOCACY
Osama Bin Ladin (OBL) wanted to destroy the influence of the United States and other western democracies in the Mid-East by a new Jihad of violence. Well he has succeeded in many ways.
The National Security Agency (NSA,) under the Foreign Intelligence Surveillance Act (FISA) has been monitoring all Verizon calls within the U.S. and between the U.S. and foreign countries This is done without probable cause or notice. Why just Verizon? Is it the terrorist telephone of choice? Or will we learn when the other shoe drops that it is all calls by all providers. We are told that it concerns just meta data, numbers and length of calls, but it also includes the information necessary to determine who made the call to whom and when and where. Also we don’t know who the information was shared with, the FBI, ATF, Homeland security, the military, all police departments, and the guys that target drone strikes?
The Washington Post June 6, 2013 reports, “The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio and video chats, photographs, e-mails, documents, and connection logs that enable analysts to track one target or trace a whole network of associates, according to a top-secret document obtained by The Washington Post.”
Then we learn that in Maryland v. King the police can collect your DNA after an arrest for a serious crime. It seems that an alleged crime is always charged to the maximum possible but later it is reduced to a misdemeanor or even an infraction. So it is at the discretion of the police what they consider a serious crime i.e. some moron who brandishes a weapon is often also cited for a terrorist act for purposes of the plea bargaining process.
The curious thing about Maryland is that one Justice, Scalia, normally considered “conservative “, joined Ginsberg, Sotomayer and Kagan, Justices, considered to be “liberal” in a dissent written by Justice Scalia. While Justice Steven Breyer, usually considered a member of the liberal wing of the Supreme Court, joined a conservative majority opinion written by Justice Kennedy. If Justice Breyer had voted with the liberals as he usually does there would be an opposite result and the rule that DNA testing could not take place until after a conviction thus there would be no personal intrusions more akin to taking blood samples than fingerprinting. There appears to be ideological confusion on the Supreme Court. Also as Justice Scalia points out this was a search not for identification but cross referencing to other cold cases either allegedly committed by the individual in custody or his close relatives. DNA has many uses other than identification and sophisticated criminals are now planting someone else’s DNA at crime scenes as red herrings.
All this comes back to OBL’s desire to destroy the freedoms we have in the U.S. which are the shining examples to those who live in the Mideast in favor of the prescriptions of the Koran And Sharia law.
FISA, Maryland and the Executive Orders allowing the NSA to track all electronic communications involve interpretations of the 4th Amendment which narrows our protection from unreasonable searches and seizures.
Couple this with the National Security Letters used by government agencies without notice to gather data on persons of interest (could be anybody: the Associated Press case is but a recent example.) and OBL’s desire to destroy our way of life is slowly becoming a reality. He and his followers are weakening our democracy from within and not from without by violence although our reaction to their violent acts and threats of violence is part of the cause.
Holding prisoners indefinitely at Guantanamo, many of who are eligible for release to a foreign country willing to accept them or waiting years for a trial is another serious problem contrary to the principles set forth in our Constitution.
This new kind of thinking which arose after 9/11 for new, ostensible, efficiency requirements overriding the freedoms of Americans with laws empowering policing agencies, federal, state and local to circumvent those protections enshrined in our Constitution has become ubiquitous. Expediency is trumping individual rights on a daily basis because of this scare tactic of “perpetual war against ill defined enemies or criminals who would destroy us. “
All this police power was useless to prevent the Boston bombings, the attempted Times Square bombing which was thwarted by observant citizens after the bomb fizzled out, or the underwear bomber who we had been warned about before he got on the passenger plane and who tried and failed by incompetence to ignite the bomb in his under garments.
Now we have all these officious people running around eroding our personal freedoms for security reasons be it alleged terrorists or other varieties of alleged criminals claiming it is for our own safety.
It seems that our biggest danger is that we will become a police state for efficiency reasons at the expense of our Constitutional freedoms. OBL’s wish is coming true. Already simpletons are entrapped and charged with conspiracy to commit crimes thought up by police departments, the FBI or other government agencies which plant the idea and provide the wherewithal and then arrest and charge for their creations. Wherever OBL is he must be happy.