A Liberal is an Alito Supporter Put on a Terrorist Watch List

There's a story circulating around about a big muckey-muck law professor who got stopped in the airport and put on the terrorist watch list because he said some bad things about Bush.  Here's Josh Marshall.

Given who Professor Murphy is, I have no doubt this is an accurate account of his particular experience. And it would seem that the people who actually work with the list on a daily basis treat it as a given that the most innocuous and obviously protected forms of criticism of the Bush administration routinely get you on the watch list. That pretty much confirms the truth of what most of us would probably have thought was a harebrained conspiracy theory. Doesn't this deserve more scrutiny?

Here's who Murphy is.

As interesting, for present purposes, readers of the book will discover that Murphy is hardly a conventional political or legal liberal. While he holds some opinions, most notably on welfare, similar to opinions held on the political left, he is a sharp critic of ROE V. WADE, and supported the Alito nomination. Apparently these credentials and others noted below are no longer sufficient to prevent one from becoming an enemy of the people.

This episode reminds me of a panel I did in Connecticut a few months ago where a blogger who strove to be bipartisan noted how horrified he was that the police were monitoring his blog and using it to prevent protests against Governor Rell's swearing-in.  He said that the improper use of police powers really upset him, as an America.  I laid into him, since that was really a breathtaking instance of expressed privilege.  

And here too we see the same, with Josh Marshall.  He says that the increase of police powers in America, and the use of the terrorist watch list to intimidate, was what "most of us would probably have thought was a harebrained conspiracy theory."  That is, until a member of the club, this law professor who supported a man for the Supreme Court that seeks an expansion of said police powers, acknowledges the truth of what has been going on in this country.  I get that it's difficult to open our eyes and realize that there have been and are massive injustices going on in America at this very moment, that a great deal of the country lives in poverty or in a virtual state of Apartheid, with no access to the civil rights we take for granted.  This is as true in Appalachia or in certain corporate arenas as it is in inner cities, but it does cut into race quite fundamentally.

It's time we stop immediately dismissing the claims of people who are not in our educational bracket or socio-economic class as hare-brained.  This Murphy chap sounds like a smart fellow, but he also sounds like someone who profoundly lacks empathy for the situation of others.  And those that are shocked by his situation, and at this point there shouldn't be very many of us reading this blog that are, should open our eyes and begin to wake up to what other cavalier violations of civil rights go on around us every day.  

Legendary law professors deserve civil rights too, and I'm glad that this is a situation which will hopefully persuade elites to deal with the massive abuse of police powers before they become uncontrollable.  But let's not ignore the modern roots of this attack - the war on drugs, the national security state, and the prison-industrial complex.  And let's not pretend like civil rights violations are not our problem until they affect someone like Murphy.  

Anyway, it's good to see America waking up to this.



Display:


Be More Graceful, Matt, And Persuasive (none / 0)

The last bedrocks of the Red Nation are starting to peel away.  They are begining to realize that Bush (and the Homeland Security edifice he created) are abusing the power that has been granted to them. We should use this to our advantage, not attack the late converts to the cause.

I think your point about empathy gets it backwards.  Most Americans want to believe that the Bush Administration and the TSA are trying to do the right thing.  They already are convinced that the Bushies and the TSA are incompetent (thanks to Katrina, Iraq, etc.), but I do not think that most Americans have internalized the truth that Bush has politicized the War on Terror (their caps, not mine).  When people find out that Conservative Constitutional law professors are getting put on the watchlist, that raises the likelihood that they will understand that dissent, not danger, is the metric for getting put on the list.


by Ephus on Mon Apr 09, 2007 at 02:43:02 PM EST

Re: Be More Graceful, Matt, And Persuasive (none / 0)

I'm trying to expand the argument here.


by Matt Stoller on Mon Apr 09, 2007 at 02:54:35 PM EST
[ Parent ]

Re: Be More Graceful, Matt, And Persuasive (none / 0)

Correct me if I'm wrong, but I think one of the main points Matt was trying to make is people shouldn't be so quick to dismiss accusations that sound like conspiracy theories just because they come from a lower socio-economic class.

Some examples of this would be how minority populations have sometimes accused police of planting evidence, ignoring their civil rights, and systematically oppressing their populations.

I've been on board with this for a long time and I don't even consider these things conspiracy theories but more like everyday facts of life. A lot of people, even those on the left, don't want to accept these realities.


by wiretapp on Mon Apr 09, 2007 at 03:20:16 PM EST
[ Parent ]

Re: Be More Graceful, Matt, And Persuasive (none / 0)

Look, I think most of the people here have been well aware of what the Bush administration is doing. Anyone who's paying attention does.

I think you're imputing motives to people they just don't have.  People always will relate better to people more like them, and pay more attention to people like them.  Get over it.


by attorney at arms on Mon Apr 09, 2007 at 04:45:29 PM EST
[ Parent ]

Re: Be More Graceful, Matt, And Persuasive (none / 0)

Because those nuns on the no-fly list dind't make it clear enough it was a political list, not a security list.  Not that such a list should exist at all, given that it's punishment without a trial.  


by Ian Welsh on Mon Apr 09, 2007 at 06:13:54 PM EST
[ Parent ]

Nicely Said (none / 0)

NT


by lisadawn82 on Mon Apr 09, 2007 at 02:53:19 PM EST

First they came for . . (3.00 / 1)

".  . . . . until they came for me.
And there was no one left to speak up."

         Pastor Martin Niemoller

As long as the "privileged elite" think that none of the abuses will ever touch them, we can probably expect it to go on. That's what happened in Germany in the 1930's.

The hope is that many many good people will speak up loud and often. We continue to have lots of work to do. All of us.


by RevDeb on Mon Apr 09, 2007 at 03:06:04 PM EST

Re: First they came for . . (none / 0)

That was my first reaction when I saw this. Goodwins law and all, but it feels right.

What's starting to happen is that politics is becoming a contact sport rather than emotional or intellectual spectacle for a lot of people who were formerly able to keep it at arms length. This is a good thing.


Me | My Work | Future Majority
by Josh Koenig on Mon Apr 09, 2007 at 04:06:46 PM EST
[ Parent ]

Good point on Appalachia (none / 0)

Appalachia is literally being bombed away by mountaintop removal coal mining. And its no small scale occurance. Around a million acres have already been blasted away, with that set to double in the next 10 years.

Culturally, it looks and feels like a completely different country than the rest of America. I love Appalachia desperately, and am so proud of the intellectual and cultural legacy of the Appalachian region (see "The United States of Appalachia"), and its sad to see what the coal companies are turning it into.  There is high unemployment, low high-school completeion rate,  and lots of people leaving.

Not to mention that people are having to drink, clean and cook with bottled water because their wells are poisoned by coal waste. Not to mention that high school kids are dying of cancer because their schools are next to coal processing plants and right underneath sludge dams holding back billions of gallons of toxic coal waste.

Matt, I know its not really a huge part of your post, I just wanted to acknowledge the mention of Appalachia and say thanks.

peace,
jw


by faithfull on Mon Apr 09, 2007 at 03:06:26 PM EST

Re: Are we sure that's what happened? (none / 0)

I'll repeat a comment I made over at TAPPED:

I have some reservations about this story. First, the exchange does not seem natural.  I'm not sure we have either the full story or a completely accurate account.  Second, is "one of the two people with whom I talked" a person who worked for the airlines or DHS, or was that a random bystander? How would this person know how someone gets in the list? Was this just rumor or speculation? Finally, do we even know Mr. Murphy is actually on the list, or was there a coincidence of names and it is a different "Walter Murphy" who is on the list?

I'm not saying the list is a good thing--it is completely wrong and needs to be ended--but with respect to this specific story, some more research is needed before we take it and begin passing it along as the truth.


by Alan on Mon Apr 09, 2007 at 03:40:13 PM EST

Re: A Liberal is an Alito Supporter Put on a Terro (none / 0)

I'd feel a lot better if I knew there was any kind of reasonable oversight concerning the watchlist progress.  That still doesn't mean I buy this particular story, although I don't think it matters.

Anyway, I don't think I understand who Matt is preaching to with this post.  The readership of this blog is largely comprised of people who feel strongly about the war in Iraq even though they're not fighting in it, people who fight against racism and discrimination even though they're white and privileged, people who see fighting poverty as an important issue even though they're not poor, people who see outsourcing as a major problem even though they're in no danger of being outsourced, etc.  (Of course, I'm not trying to pretend we don't also have people who have personally experienced these issues, but I hope you see my point.)

There's no shortage of empathy for problems we can't personally relate to, which is a big part of why we're liberals in the first place.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Apr 09, 2007 at 03:51:06 PM EST

Re: A Liberal is an Alito Supporter Put on a Terro (none / 0)

Exactly the reaction I had to reading about this.  I'm sure that it was annoying and inappropriate the way he was treated, but I found the implicit elitism of the whole thing to be a little frustrating.

Look, these procedures now inconvenience smart, rich, well-connected people.  It's important to note how far-reaching and broad the effects might be but let's remember that the overwhelming majority of people don't have powerful and influential friends who can publicize their troubles.


by Baldrick on Mon Apr 09, 2007 at 03:55:03 PM EST

I think Murphy was fighting the good fight (none / 0)

And that's what may have been what got him on the watch list.

To complain that it's only when big shots get put on the list that there are problems misses the point.  If EVEN people like Murphy get put on the list, think of the danger to everyone.  Murphy is a sort of canary in the mine, though it's hardly news.

P.S. I do have an alternate, "crackpot," theory.  So many persons with common Irish names--Edward Kennedy, Murphy, etc. have repeatedly had problems that it may be that the British dumped a huge database of IRA suspects/names on the list.  And of course, since it's obvious that the list is never truly edited or targeted, all these Irish names stay there forever.

If my wild guess is right then it just goes to show how uselessly idiotic the lists are for the purpose of ensuring flight safety.  In addition to a deprivation of numerous constitutionally guaranteed liberties, of course.


by Reptile on Mon Apr 09, 2007 at 04:36:01 PM EST

Re: I think Murphy was fighting the good fight (none / 0)

I'm with you and your "crackpot" theory.  That this isn't considered the most likely scenario just goes to show how well along the way most people are to being brainwashed that terrorists are brown and have Muslim names.

However, that is not the end of Murphy's story.  It is troubling that it is commonly understood by those who deal with people on the DNF list that being a political opponent can get one on the list, whether or not it is true (which we all know it is).


by Disputo on Mon Apr 09, 2007 at 05:56:39 PM EST
[ Parent ]

Re: A Liberal is an Alito Sup (none / 0)

What bothered me about this story is the military history angle.

At first, when he mentioned that he was a retired colonel, I assumed he was pointing out the absurdity of the diligence put into placing people on the list.

But that, to my reading, was not what he was saying.  What he was saying was that, sure, some people like me may be on the watch list.  But I'm retired military so I'm different and therefor this is a terrrible injustice.  Look, here are my military credentials!!

But, apparently, if you haven't served, well, you're outta luck and he doesn't have much sympathy.


by corn dog on Mon Apr 09, 2007 at 04:38:33 PM EST

Matt's observation is on point (none / 0)

Now I understand.  Matt's observation is on point.

Who cares if the guy is an ex-marine, law professor, Alito supporter?  How is that relevant?  Does that make him more entitled to civil rights than anyone else?  Do when only get shocked or take action when its the "privileged" that have their civil rights infringed?


by Alan on Mon Apr 09, 2007 at 04:46:26 PM EST

Re: Us vs. Them (none / 0)

I think a lot of people tend to see things through a "us-good" vs "them-bad" prism.  As long as people can categorize things in this manner, they can rationalize the most absurd laws and rules, because it applies only to "them".  I think this Professor was firmly in the "us" category, and was unceremoniously dumped into the "them" pile.

Most Americans shrugged when they heard about the unauthorized wiretapping, because that only affected "them" not us.  Similarly, we ignore the denial of habeas corpus to "them", because supposedly it will not affect "us".  Jose Padilla doesn't count, because he seems to be one of "them".  Recently the NSL letters from the FBI stopped being a "them" issue, when some of "us" received them.

The Terrorist Watch List, how bad could it be, we put "them" on a watch list and it keeps "us" safe.  Now that many of "us" are being thrown on that watch list, well it's un-American.

I, for one, am usually glad when things intended to screw over "them" starts screwing "us" over,  because it forces "us" to re-look issues as a collective "we".


by Kingstongirl on Mon Apr 09, 2007 at 05:07:36 PM EST

Re: Us vs. Them (none / 0)

Of course you're right.  That's the history of these things.  Paranoia, at best, always reigns, and individual rights go right down the drain.  

Watch lists are necessary--but perhaps only for persons with arrest warrants or such.  Even then they would only be effective if there was a perfect ID system, and there isn't. Certainly NAMES aren't enough.  Anybody for national ID cards?  Lots of problems there, too.

So there is a justice issue and a safety issue.

And a competence issue.  The sad thing about these lists is that they apparently are wanting in all three instances.


by Reptile on Mon Apr 09, 2007 at 05:37:36 PM EST

Re: A Liberal is an Alito Supporter Put on a Terro (none / 0)

Should such a list exist at all?  What I find strange is the acceptance of its existence.  No one should be on that list unless they've been convicted of a crime.  Last time I checked no one was supposed to be punished or have any rights removed until they'd faced a jury of their peers.

Ah, such quaint ideas.


by Ian Welsh on Mon Apr 09, 2007 at 06:17:09 PM EST


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