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11 October 2005

The damage terrorists can inflict pales in comparison to the loss of the civil liberties that protect us from the arbitrary power of law used as a weapon

Paul Craig Roberts believes the police state is closer than you think.
Habeas corpus is the greatest protection Americans have against a police state. Habeas corpus ensures that Americans can only be detained by law. They must be charged with offenses, given access to attorneys, and brought to trial. Habeas corpus prevents the despotic practice of picking up a person and holding him indefinitely.

President Bush claims the power to set aside habeas corpus and to dispense with warrants for arrest and with procedures that guarantee court appearance and trial without undue delay. Today in the US, the executive branch claims the power to arrest a citizen on its own initiative and hold the citizen indefinitely. Thus, Americans are no longer protected from arbitrary arrest and indefinite detention.

These new "seize and hold" powers strip the accused of the protective aspects of law and give reign to selectivity and arbitrariness. No warrant is required for arrest, no charges have to be presented before a judge, and no case has to be put before a jury. As the police are unaccountable, whoever is selected for arrest is at the mercy of arbitrariness.