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Rogue Justice: The Making of the Security State
Rogue Justice: The Making of the Security State
Rogue Justice: The Making of the Security State
Audiobook8 hours

Rogue Justice: The Making of the Security State

Written by Karen J. Greenberg

Narrated by Rebecca Mitchell

Rating: 4.5 out of 5 stars

4.5/5

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About this audiobook

The definitive account of how America's War on Terror sparked a decade-long assault on the rule of law, weakening our courts and our Constitution in the name of national security. The day after September 11, President Bush tasked the Attorney General with preventing another terrorist attack on the United States. From that day forward, the Bush administration turned to the Department of Justice to give its imprimatur to activities that had previously been unthinkable-from the NSA's spying on US citizens to indefinite detention to torture. Many of these activities were secretly authorized, others done in the light of day. When President Obama took office, many observers expected a reversal of these encroachments upon civil liberties and justice, but the new administration found the rogue policies to be deeply entrenched, and, at times, worth preserving. Obama ramped up targeted killings, held fast to aggressive surveillance policies, and fell short on bringing reform to detention and interrogation. How did America veer so far from its founding principles of justice? Rogue Justice connects the dots for the first time-from the Patriot Act to today's military commissions, from terrorism prosecutions to intelligence priorities, from the ACLU's activism to Edward Snowden's revelations. And it poses a stark question: will the American justice system ever recover from the compromises it made for the war on terror? Riveting and deeply reported, Rogue Justice could only have been written by Karen Greenberg, one of this country's top experts on Guantanamo, torture, and terrorism, with a deep knowledge of both the Bush and Obama administrations. Now she brings to life the full story of law and policy after 9/11, introducing us to the key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim.
LanguageEnglish
Release dateMay 24, 2016
ISBN9781501919428
Rogue Justice: The Making of the Security State

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Reviews for Rogue Justice

Rating: 4.276315921052631 out of 5 stars
4.5/5

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  • Rating: 5 out of 5 stars
    5/5
    After September 11, President George W. Bush turned to the Justice Department for its official OK for activities previously thought inconceivable. They included torture, indefinite detention and NSA spying on Americans. When President Obama took office, it was expected that these policies would be reduced, or eliminated. If anything, some of these policies were actually expanded.The things and people from the early days of the "war on terror" are in this book, including FISA, the PATRIOT Act, John Walker Lindh (the American Taliban), military commissions and John Yoo. He is the Justice Department who went through mental gymnastics trying to give George W. Bush the legal justification to run the "war on terror" any way he wanted.This is a first-rate piece of writing. For anyone who wants to know how America went from "land of the free" to torture, warrantless surveillance of Americans and waterboarding, start right here. It is very highly recommended.
  • Rating: 5 out of 5 stars
    5/5
    Excellent read and good history book of post 9/11 events. Karen Greenberg's solid reporting skills and the ease she explains the complexity of post 9/11 United States, resulted in numerous times saying to myself , 'Wow, I didn't know that was going on!'. Karen Greenberg's, 'Rogue Justice' and Adam Benforado's, 'Unfar' will give any reader a good understanding of the current judicial system in the U.S. Frankly, it doesn't look good - even though Greenberg tries to put a positive spin on things in the last chapter of the book stating that 'fear should not be our primary guide'. She's right. The Apostle Paul stated in 2 Timothy 1:7 that a true Christian should not have fear but be bold and have a sound mind. Additionally, Greenberg indicates over and over again throughout the book, the people of these United States were sold short on any resemblance of integrity or character in both Judicial and Executive officials and their decisions - regardless of whether they were elected or appointed - Republican or Democrat. It seems to me, after reading 'Rogue Justice', that both sides of the isle are as crooked as a country road. What I also gained and came to realize after reading 'Rogue Justice' is that men and women elected or appointed to government positions - whether it be Judicial or Executive - should be promoting true justice. Not 'using' justice to promote their own agenda or corrupt opinions. In her final statement, Greenberg gets to the heart of what true justice is when she writes, 'What remains to be seen is whether we can face down terror even as we uphold those principals . . . . . ' And what principals are 'those'? In a much neglected book of the Bible, it clearly instructs the reader in Micah 6:8, God 'has shown you, oh man, what is good [that is what is Biblical]; and what does the Eternal require of you BUT TO DO JUSTLY, TO LOVE MERCY AND TO WALK HUMBLY WITH YOUR GOD.' Good advise. I pray that our leaders can learn that bit of wisdom before it's too late.
  • Rating: 5 out of 5 stars
    5/5
    "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty or Safety." -- Benjamin Franklin. Yes, I know that I am taking the Franklin quote out of context. And while it is important to not forget the historical context in which Franklin penned this now-famous observation, the sentiment has metamorphosed in a new century and new circumstances, in similar a fashion as Abraham Lincoln re-birthed the Declaration of Independence (see, e.g,. Pauline Maier,AMERICAN SCRIPTURE [1997]). Franklin's skeptical wisdom of nearly two-and-a-half centuries ago is rediscovered, as perhaps its author dare dreamed it might be. The spirit of that wisdom permeates Karen Greenberg's work, ROGUE JUSTICE. I can see it being used as a textbook. It is a detailed overview of the (well, not making of; more the furtherance of) the national security state within the United States after 9/11. Each chapter almost begs for other researchers, journalists, academicians, to explore further. For example, Chapter 7, "The Justices Weigh In." discusses the Guantanamo detention cases before the Supreme Court. Ms. Greenberg eloquently nutshells the issue: "It was a question the lawyers ... had been asking for ... years. But it was in many ways an ancient question, the same one that had been on the minds of the British aristocracy in 1215 when the confronted King John at Runnymede: just how much does the sovereign power have over the bodies of his citizens or those in his custody?" (p. 88). Profiles of the attorneys arguing before the Court are included, followed by excerpts from the oral argument transcripts. The government's incredible legal positions are explored. The chapter concludes with a brief summation if the Court's rulings. Really, each of these topics could be a book by themselves. This is not an impartial overview. Ms. Greenberg minces no words: "in implementing the the new [post-9/11] regime, the [G.W. Bush] White House ignored some of the most sacred principles of American democracy and law, including the rights to freedom from imprisonment without due process ..., the right to privacy, the right to free speech, and the overarching right to freedom from passion in favor of the rule of law" (p. 7). This is a grim book. It is also an important one, and not just for today's readers, but for many tomorrows, as well. Is Franklin's 1766 anachronistic to his country in 2016? There is yet still wisdom in his words.
  • Rating: 5 out of 5 stars
    5/5
    This is a clear and powerful book -- its level tone and reporting style, free of any apparent hyperbole or character takedowns, makes it even more painful to read than it might otherwise be. I also found it refreshingly non-partisan: neither of the major political parties is given a pass here (in the interest of full disclosure, I must state that although I am not a registered member of either party, I am of an extremely liberal bent).Greenberg's book is useful for all citizens who, like me, know many of the major turns but are weak on the details of how our country descended into such a woeful vale. It would also be useful for those spectators from other countries who wonder "what the f**k happened to you lot? Why did you let this happen?"And it really is a sickening state of affairs. Read it and weep. Many thanks to Crown Publishers for the ARC -- I will be ordering a copy of this when it is published, and recommending it to friends.
  • Rating: 1 out of 5 stars
    1/5
    It isn't often that I dislike a book as much as this one. Greenberg's intent (I believe), was to show how government excesses in the war on terror have threatened the very fabric of American society. And I agree with her that their were excesses. But her insistence on claiming that government officials have conspired, for reasons of gaining power, to ruin our government, is just wrong. "For every Cheney mongering fear and nurturing paranoia, there are many officials quietly going about their business - drafting legislation, writing legal opinions, arguing in court -thinking they are doing the right thing but failing to grasp that in their wish to protect the country, they are in fact betraying it." In the words of Steve Martin, "Well, excuse me!!!" If only we had known how evil all of us government servants were, I'm sure we would have done things her way. In her opinion, Edward Snowden is the second coming of Christ, and she is not far behind him. At least Greenberg's contempt for us pales in comparison to that which she holds Satan (I mean Cheney) in. I was not aware that the decades of experience he has in government matters not at all when compared to the judgement of Saint Snowden, with his one or two years experience in a low level analyst job. And, less you think her wrath is only for the former Republican administration, her feelings (and feelings are much more important than facts) towards that evil man, Barack Obama, are not much better. His insistence on murdering people with drone strikes (even an American) are just as bad. Never mind the fact that the "American", had declared war on America, was advocating the murder of his fellow Americans, and was hiding amongst his new-found friends (those misunderstood boys who were busy innocently beheading, crucifying, burning, or raping innocent people). I am sure that, if we had just tried, we could have had someone serve Al-waki with a subpoena to appear in an American court, and he would have happily showed up in his Sunday best! No, Greenberg seems content to live in her little make-believe world where there are no winners or losers, but everyone gets a trophy for participation. And yet, paradoxically, feels perfectly within her rights to judge everyone else. Because she knows best. I'm sure that's what her parents told her.Again, there were excesses committed in the war on terror. And yes, they were wrong. But the men and women who were in charge were not the devil. They were trying to protect America. And, like many other times in our history, the result will likely be a swing of the pendulum in the opposite direction (for example, the Church hearings). And things will balance out in the end. That's what makes America great. Despite what the author thinks.
  • Rating: 4 out of 5 stars
    4/5
    Rogue Justice: The Making of the Security State by Karen J. Greenberg does a commendable job of "connecting the dots" from just prior to 9/11 through today with respect to the assault on civil liberties and justice. There is plenty of blame to go around and Greenberg does not hesitate to put responsibility where it belongs.Certainly readers leaning heavily left or right will prefer more responsibility be shouldered by the other end of the spectrum (I am including myself here, I tend to place more on those who conceived of, and followed through on, plans to circumvent and disregard the Constitution and our liberties under the guise of "combating terrorism" but I tend to lean left) but I think Greenberg does a fair job of not trying to demonize either side. This allows her to speak to a broader audience about how and whether we can regain the principles the country used to value or remain little more than a shell of the country that once at least tried to value civil liberties.I would recommend this to those who want a nice overview without heavyhandedness so they can look at the many decisions that will confront this country in the near future with a good grasp of what went wrong and what we might do to improve.Reviewed from a copy made available by the publisher via LibraryThing.
  • Rating: 5 out of 5 stars
    5/5
    This is a excellent book that showcases the decay of civil liberties and the rise of a surveillance state in America. The book is rich with case examples of how our freedoms are being erased in real-time, and there appears to be no force to oppose it. The big players behind the surveillance agenda are painted in full light and the author is very inclined towards adding as much detail and insight into this dimly lit world. You really come to understand how easily the government can augment the law for their agenda while you sit belly-up lost in a fantasy world thinking that Big Brother is looking out for you.
  • Rating: 4 out of 5 stars
    4/5
    A very interesting read about post 9/11 government and it's desire to protect the public while also ignoring their privacy. The way different branches of the government, and different agencies, could review constitutional laws and tweak them enough to suit their needs is frightening. One of my favorite questions discussed in the book concerns suspending rights for the protection of the citizens and at what point excessive protection is no longer needed and our rights should be fully restored.
  • Rating: 5 out of 5 stars
    5/5
    I highly recommend this book not because I agree with the author’s legal position—I do not but she is persuasive in the defense of her own. I do not contend that it is a page turner—it is brain numbing dull except to those enamored with arcane legal argumentation. I recommend it because it brings out in the open the erosion of constitutional rights that began innocently in the near panic level urgency in the aftermath of 9/11. Once released, it has proven difficult to put the genie back in the bottle. Those who submitted legal briefs justifying the violation of civil liberties in deference to national security are loath to back off and the persons and offices who have reaped a benefit will not relinquish power granted because of legal precedent.Greenberg parses the difference between ‘a’ (indefinite) and ‘the’ (definite) as it refers to intelligence versus criminal evidence gathering, (an example of less titillating content); the separation of power between the Executive and Judicial branches of government; the pros and cons of civil prosecution versus military commission prosecution of terrorists; the applicability of protection granted under the US Constitution to non-citizens; the use of torture as a viable interrogation technique, vacuuming up phone records and other controversial subjects. With the possible exception of the word ‘Rogue’ in the title, she does so dispassionately and avoids the appearance of personal opinion by relying on the written words of both those she agrees with and those with opposing views. To her credit, she avoids the error of attributing fault to political differences; she notes little difference between Bush and Obama positions on critical issues. Without going into great detail, the author suggests that the increase in using drones to assassinate terrorists avoids the uncertainties of prosecution—an unintended consequence of efforts made to defend accused terrorists—the dead cannot appeal to a higher court. (Is death by drone fundamentally different than psychological scaring by water boarding other than by degree?)Torture as an issue in the war on terror is perplexing. Greenberg includes an accepted legal definition of torture; something most other authors writing on the subject omit. She does not, however, specify the circumstances when torture might be warranted. The knee jerk reaction would be never but consider this scenario: A group of ardent civil libertarians are held captive in a room with a ticking time bomb. One of five persons being interrogated in an adjoining knows how to neutralize the bomb. Only the persons in the room willing to accept martyrdom would urge restraint by any of the five interrogators even knowing that four subjects will be coerced unnecessarily. That might have been the rationale behind the legal briefs justifying harsh interrogation techniques immediately following 9/11. With hindsight, we now realize that the sense of urgency felt at the time was irrational but we should withhold judgment.But in a time of less than panic urgency, torture, however defined, is not an effective tool. In criminal prosecutions, evidence obtained under duress is less than persuasive to juries if not barred from introduction all together. For intelligence to be credible and actionable it must be evaluated with its worth measured in the validity of the information and the reliability of its source. Validity is measured as consistency with, for example, data from other sources, enemy capabilities and avowed intent, and consistency with expectations—the latter fraught with subjectivity. The reliability of the source is largely determined by the degree to which the information was freely given. Information gained because of torture is not credible.There are two other possibilities regarding the authorization of overly harsh interrogation; the first being that the objective was to elicit retribution rather than intelligence. The second is even more diabolic; torture or the threat of torture is, in itself, a means to install terror. As long as we keep torture on the table as an issue, the longer it remains a tool of terror wielded by us. Is it possible that, when credible intelligence was sought, torture was avoided and administered selectively only so its credence could be maintained and ‘leaked’?Based on a sample of one—me—the book is effectiveness in raising alarms about the erosion of civil liberties in America.
  • Rating: 5 out of 5 stars
    5/5
    A blow by blow, person by person, case by case accounting of the on going conflict between security and constitutional rights after 9/11. What particularly impressed me was how readable it was despite its detail and thoroughness. It is a disturbing story and an extremely important one for American citizens to be aware of, hopefully to prevent the erosion of American and international rights.
  • Rating: 5 out of 5 stars
    5/5
    If this book doesn’t make you mad, you haven’t been paying attention. Karen Greenberg documents how since 9/11 our constitutional rights have been dying the death of a thousand cuts at the hands of government and elected officials who take advantage of every tragedy to expand government power and chip away at our rights. Greenberg does a great job of tracing the assault on our civil liberties through each legal opinion, court case, and piece of legislation as they occurred from 9/11 to the present day. If every American read this book this summer, we would have a very different government following the November 2016 election.(This book was provided to me by the publisher as a LibraryThing early reviewer.)
  • Rating: 5 out of 5 stars
    5/5
    "The only thing we have to fear is fear itself." One of our greatest presidents said those words during one of the darkest times in American History. Too bad he wasn't around after 9/11 when one of our worst presidents crapped the bed and we almost lost the Bill of Rights. Here we are fifteen years and several crises later and we still haven't healed all the damage. Rogue Justice covers it all; the AUMF, FISA court, the Patriot Act, Abu Ghraib, waterboarding, the 20th hijacker, the underwear bomber, the Boston bombings, the NSA, Edward Snowden, drone strikes, it's all here in painstaking detail. The author explains that it's taken us fifteen years and all this history to figure out that the system we had in place before 9/11 is up to the task, and all these unconstitutional, illegal maneuvers we went through in the meantime didn't stop one terrorist act or make us one bit safer. Hopefully the next time something awful happens, and something awful eventually will, we'll have a President in place who's up to the challenge. Terrific book.