Gary Johnson Quotes
I would have never signed the Patriot Act. I would have never signed the National Defense Authorization Act allowing for arrests and detainment of you and me as U.S. citizens without being charged.
Johnson, Gary. Libertarian Presidential Debate. Stossel, Fox Business Network, 10 May 2012.
Goldsmith headed the Justice Department Office of Legal Counsel—the office that makes legal opinions to guide the Federal Government’s conduct. The George W. Bush White House had decided that the War on Terror required spying on American citizens under certain circumstances but the existing laws required that in each case, they obtain a warrant from a special FISA (Foreign Intelligence Surveillance Act) Court. They were afraid that the court might not grant the warrants in all cases so in some cases ignored the requirements to go through the court. Addington and some other White House staff felt that if there was one more terrorist incident in the United States, they could pressure Congress into getting rid of the FISA court.
In the aftermath of 9-11, there was a call for giving the law enforcement agencies more authority and the Patriot Act was passed in haste and fear. Some law enforcement personnel then went about picking up Arab Americans and in many cases holding them incommunicado without any charges. No terrorists were discovered by this process and yet good American citizens were abused, traumatized and insulted. In our zeal to protect American freedom, we actually began to resemble some of the capricious and abusive practices of our undemocratic enemies. There were other abuses allowed under the Patriot Act, but at the time of this writing the extent had not yet been revealed, but the refusal of the authorities to make public the national security benefits suggests that there was not much national security benefit and much abuse.
There has in the United States, since the Constitution was ratified, a tension in every war or conflict, where some Americans wanted to reduce civil rights in order to better cope with the conflict and others observed that what we were fighting for is precisely those civil rights and liberties. John Adams and the Federalists, did not want anyone to be allowed to publicly criticize the Government while we were in conflict with Great Britain. They passed the Alien and Sedition Acts. Thomas Jefferson and the Republicans felt that that the freedom should not be given up in the name of national security—we could prevail without that incursion on rights. They repealed the Adams laws. In WWI, Democratic President Woodrow Wilson wanted to jail anyone who claimed that the military draft was improper, immoral or illegal, and he did. Republicans, when they assumed office, then released the prisoners and restored freedom of speech. In the war on terror, most Republicans like sessions, wanted to torture prisoners, allow the imprisonment of suspected terrorists indefinitely without any charges or trial, and bug American telephone calls without the usually required court warrants. Democrats disagreed. That stimulated Sessions statement.
The choice is usually contrasted between guilty persons going free, rather an innocent one be adjudicated guilty. But here the justice tells us that the avoidance of an innocent person being subject to easy arrest is important enough to have a system where guilty people sometimes escape justice.
Gary Earl Johnson is an American businessman, author, politician, and former presidential candidate who served as the 29th governor of New Mexico from 1995 to 2003 as a member of the Republican Party. He was the Libertarian Party nominee for President of the United States in the 2012 and 2016 elections. He was also the Libertarian nominee in the 2018 U.S. Senate election in New Mexico.