The capture of Dzhokhar Tsarnaev presents an important test for federal and state authorities: Can the United States resist the temptation to violate the civil liberties of people suspected of engaging in acts of terrorism? In some important respects, we seem to have avoided the systematic civil-liberties violations of the Bush administration. But when it comes to informing Tsarnaev of his Fifth Amendment rights, Obama is buying into the myth that ordinary police process is inadequate to dealing with domestic terrorism.
With near-unanimous support from the public, how did President Obama’s plan for expanded background checks fail? The easy answer is it ran into the same barriers that have kept Democrats from passing any legislation over the last two years: Hyper-partisanship, joined with mal-apportionment in the Senate, routine filibusters, and a 60-vote threshold for cloture.
When you learned that the suspects in the Boston bombing were ethnic Chechens who came to the United States as children, you may have had any number of thoughts. Chances are, though, that "I'm just glad Obamacare hasn't taken effect, otherwise they might have gotten health insurance subsidies" wasn't among them. But that seems to be where Chuck Grassley's mind went. The Iowa Republican senator said today that the Boston attack showed that we ought not pass comprehensive immigration reform too quickly.
Let's be honest and admit that everyone had a hope about who the Boston bomber would out to be. Conservatives hoped it would be some swarthy Middle Easterner, which would validate their belief that the existential threat from Islam is ongoing and that their preferred policies are the best way to deal with that threat. Liberals hoped it would be a Timothy McVeigh-like character, some radical right-winger or white supremacist, which would perhaps make us all think more broadly about terrorism and what the threats really are. The truth turned out to be…well, we don't really know yet. Assuming these two brothers are indeed the bombers, they're literally Caucasian, but they're also Muslim. Most importantly, as yet we know absolutely nothing about what motivated them. Nothing. Keep that in mind.
But for many people, their motivations are of no concern; all that matters is their identity.
As soon as it was revealed that the Boston Marathon bombing suspects were immigrants from Chechnya—who had migrated as children, following conflict in the region—a predictable crew of conservatives pounced on that fact to disparage comprehensive immigration reform. Here’s Ann Coulter:
It’s too bad Suspect # 1 won’t be able to be legalized by Marco Rubio, now.
Wednesday's release of the Gang of Eight's 844-page immigration-reform bill has taken a backseat to the coverage of the Boston bombings, currently hurtling toward a tense denouement. Immigration-advocacy organizations pushed back their press calls, and the senators behind the bill cancelled their press conference altogether. But the bill represents a sea change in the way the United States handles immigration. With a wide path to citizenship for the 12 million undocumented immigrants currently in the country and a major overhaul of the family- and employment-based immigration systems, it is a decisive shift away from the economic protectionism and anti-immigrant vitriol of the 2007-2008 immigration debate.
As Americans grapple with the tragic bombings in Boston on Monday and the U.S. government works to track down those responsible, a new report on detainee treatment after 9/11 sheds important light on some of the measures adopted by the U.S. government in response to that attack.
In the 21st century, American malevolence comes in twos. Just as people couldn’t begin to grasp what was happening until a plane hit the second of the Twin Towers on September 11, 2001, the full impact of what took place Monday in Boston didn’t sink in until, 13 seconds after the first explosion, another immediately confirmed the true implications of this particular horror. Tellingly and understandably, the initial response by all of us was to wrestle with the word “terror,” because as much as any word “terror” has become the rorschach of our modern rhetoric, a characterization that transforms the dimensions of an event even as the facts remain the same, when instead we might call what happened merely a “crime.” Was the explosion that took place at the Atlanta Olympics in the summer of 1996 less an act of terror because it came not in twos but ones? For many, long after the political motivations of Timothy McVeigh became evident, the single detonation in Oklahoma City in 1995—even more terrible than the one in Boston—remains a “bombing.”
Late last night, a robbery at a convenience store in Cambridge, Massachusetts led to the shooting death of a police office on the campus of the Massachusetts Institute of Technology. Minutes later, an SUV was hijacked. The suspects drove that vehicle to Watertown in Boston, where they lobbed explosives and exchanged gun fire with police.
As of early Friday morning, it was unclear if this was related to the Boston Marathon bombing. But soon, authorities released a photo of the suspect in the carjacking, noting the resemblance to one of the bombing suspects.
It's one thing to fight for something when you know the base of your party is behind you. You may not succeed, but you only have to face fire from one direction, and it's the one you're used to. But when your own core supporters are opposing you, things can get very complicated. That's what many Republicans are now facing as they try to pass immigration reform, the sine qua non of repairing their abysmal image among Latino voters. Republicans in both houses of Congress are working with Democrats to come up with a plan, but Republicans aren't sure they can get their own base to support it.
We don't have health insurance, suckers! (Flickr/Elvert Barnes)
As the various "gangs" in the House and Senate were writing their immigration proposals, it became clear that to win the support of Republicans, the provisional legal status undocumented immigrants were going to get had to be punitive. No coddling those law-breakers; if they're going to get on a path to citizenship, it had better be an unpleasant path. It had to last for a long time—10 years, in the end. And there had to be a requirement that during that time, you couldn't get any federal benefits like food stamps or welfare.
Throughout American history, whenever the United States has felt threatened, our response has been repression. In hindsight we come to realize that the nation was not made any safer from the loss of civil liberties. This is a crucial lesson to be remembered as the country deals with the terrible tragedy of Monday’s bombings in Boston. The impulse to take away constitutional rights to gain security must be resisted because, in reality, complying with the Constitution is not an impediment to safety.
Marco Rubio has had a pretty charmed political life. He rose quickly through the ranks in the Florida legislature, won a Senate seat without too much trouble at the tender age of 39, then suddenly found himself the "Republican savior" a mere two years after arriving in Washington. At a time when the GOP is desperate to appear to Latinos, he's a young, smart, dynamic Latino who could be their presidential nominee in 2016. What could go wrong?
Immigration reform, that's what. Many elite Republicans feel, and not without reason, that while supporting comprehensive reform might not win them the votes of Latinos, opposing it will pretty much guarantee that those votes will be lost to them. And Rubio almost has no choice but to be one of the leaders, if not the leader, of the party in that effort. He can't be the Great Latino Hope if he isn't. Trouble is, lots and lots of rank-and-file Republicans, particularly the kind who vote in presidential primaries, don't much like reform the way it's shaping up. Sure, under the "Gang of 8" plan in the Senate it'll take 13 years for a current undocumented immigrant to become an American citizen. But for many in the party's base, that's about 113 years too quick. Enter the MarcoPhone. Wait, what? Get a load of this:
Yesterday, a Republican filibuster killed the Senate compromise on expanded background checks, which had support from 54 senators, including its authors, Senators Joe Manchin of West Virginia and Pat Toomey of Pennsylvania. Skittish red state Democrats like Montana’s Max Baucus, North Dakota’s Heidi Heitkamp, Alaska’s Mark Begich, and Arkansas’ Mark Pryor joined the opposition, voting to uphold the filibuster and defeat the proposal.