Just as the first casualty of war is truth, so, too, the first casualty of hyper-partisan politics is civil liberties.
Many traditional civil libertarians have allowed their strong anti-Trump sentiments to erase their long-standing commitment to neutral civil liberties. They are now so desperate to get Trump that they are prepared to compromise the most basic due process rights. They forget the lesson of history that such compromises made against one’s enemy are often used as precedents against one’s friends. As Robert Bolt put it in the play and movie A Man for all Seasons:
Roper: So now you would give the Devil benefit of Law!
Thomas Moore: Yes, what would you do? Cut a great road through the law to get after the Devil?
Roper: I’d cut down every law in England to do that?
Thomas Moore: And when the last law was down, and the Devil turned round on you, where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast — man’s laws, not God’s — and if you cut them down — and you’re just the man to do it — d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake.
But today’s fair weather civil libertarians are unwilling to give President Trump – who they regard as the devil — the “benefit of law” and civil liberties.
Consider the issue of criticizing Robert Mueller, the Special counsel. Any criticism or even skepticism regarding Mueller’s history is seen as motivated by a desire to help Trump. Mueller was an Assistant US attorney in Boston, the head of its criminal division, the head of the criminal division in Main Justice and the Director of the FBI during the most scandalous miscarriage of justice in the modern history of the FBI. Four innocent people were framed by the FBI in order to protect mass murdering gangsters who were working as FBI informers while they were killing innocent people. An FBI agent, who is now in prison, was tipping off Whitey Bulger as to who might testify against him so that these individuals could be killed. He also tipped off Bulger allowing him to escape and remain on the lam for 16 years.
What responsibility, if any, did Robert Mueller, who was in key positions of authority and capable of preventing these horrible miscarriages, have in this sordid incident? A former member of the parole board – a liberal Democrat who also served as mayor of Springfield, Massachusetts – swears that he saw a letter from Robert Mueller urging the denial of release for at least one of these wrongfully convicted defendants. When he went back to retrieve the letter, it was not in the file. This should surprise no one since Judge Mark Wolf (himself a former prosecutor), who conducted extensive hearings about this entire mess, made the following findings:
“The files relating to the Wheeler murder, and the FBI’s handling of them, exemplify recurring irregularities with regard to the preparation, maintenance, and production in this case of documents damaging to Flemmi and Bulger. First, there appears to be a pattern of false statements placed in Flemmi’s informant file to divert attention from his possible crimes and/or FBI misconduct….
Second, contrary to the FBI’s usual policy and practice, all but one of the reports containing Halloran’s allegations against Bulger and Flemmi were not indexed and placed in an investigative file referencing their names. Thus, those documents were not discoverable by a standard search of the FBI’s indices. Similar irregularities in indexing and, therefore, access occurred with regard to information that the FBI received concerning an extortion by Bulger of Hobart Willis and from Joseph Murray concerning the murder of Brian Halloran, among other things.