“This authority includes entering an Alien Enemy’s residence to make an AEA apprehension where circumstances render it impracticable to first obtain a signed Notice and Warrant of Apprehension and Removal,” the memo continues. [More]
Here’s the memorandum. So, hyperbole that you’ll no doubt see aside, it’s not “any house.” But that aside, they don’t want us “second guessing” them if it’s the wrong house.
Government ignoring fundamental rights is nothing new– that sites like WoG even exist is testament enough to that. And using “terror” as the hook to spook the herd into acceptance of a heavy hand is also nothing new. You’ll notice Guantanamo is out of sight, out of mind, your average American couldn’t tell you what the FISA Court is, and “we” dutifully submit to TSA groping.
That’s despite the fact that those doing the spooking never found any yellow cake, let the 9/11 hijackers in and failed to follow up on intel, made a mess of Afghanistan…
So what do we do (and I realize I’m just free-style rambling the thoughts that come out)?
Do we call criminals terrorists? What door does that open to expand the classes of people who qualify? Another administration with such power would love to include you and me.
What kind of “circumstances render it impracticable to first obtain a… warrant”? Got legally defensible standards? Against the Fourth Amendment…? Beyond “exigent”…?
If it’s a real terror threat, what should “we” do? Say we’ve got a Jack Bauer scenario, where if the subject doesn’t talk, mass atrocities will be committed.
Do we listen to Sir Thomas More and give the Devil the benefit of law for our own safety’s sake? Or Clausewitz, who knew “Without public support, no war can be conducted successfully,” meaning if it takes Dresden and Hiroshima, so be it?
I don’t know how to untangle the damn mess, but respecting the Bill of Rights, avoiding foreign entanglements, and recognizing that a well regulated militia is necessary to the security of a free State seem like good places to start.
Now: How far are we willing to go to make that happen?
[Via WiscoDave]