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Bob Barr, Civil Libertarian: The right wing of the ACLU (2003)
Reason Magazine (CA) ^ | December 2003 | Jesse Walker

Posted on 05/03/2008 6:38:48 PM PDT by Kurt Evans

After entering the House of Representatives in 1995, Georgia Republican Bob Barr acquired a reputation as one of the most conservative members of Congress. It was Barr who in 1996 wrote the Defense of Marriage Act, which said states didn't have to recognize gay marriages performed in other states; it was Barr who protested when he learned the military allowed soldiers to practice Wicca. A former federal prosecutor, a firm social conservative, and a strong supporter of the War on Drugs, Barr doesn't fit most people's image of a civil libertarian.

But in his eight years in Congress (he failed to win re-election in 2002), Barr was one of Washington's loudest critics of the federal government's abuses of power, taking the lead in investigating the raid on Waco and in opposing Bill Clinton's efforts to undermine due process in terrorism cases. Since leaving Congress, Barr has taken an advisory post with the American Civil Liberties Union (ACLU) and started writing a column for Atlanta's alternative weekly Creative Loafing -- neither ordinarily a haven for Republicans. While many on the right have fallen behind the Bush administration even as it betrays their purported principles, Barr represents another set of conservatives' growing discomfort with the administration's erosion of individual liberty.

Associate Editor Jesse Walker talked with Barr in September.

Reason: In Creative Loafing, you complained that "the attorney general spends his time and prestige traveling the heartland to sow fear and to endeavor to limit public discourse over the most basic of our freedoms." When the Senate confirmed Ashcroft, did you ever expect to be describing him like that?

Bob Barr: No. This has been something that I never would have anticipated two and a half years ago.

Reason: Do you regret voting for the USA PATRIOT Act?

Barr: I do. I was hoping at the time that it would not be used as a floor but as a ceiling. But it's been a taking-off point for expanded authority in a number of areas. Perhaps most important is the fact that the administration seems to be pushing its application as broadly as it can in nonterrorism cases. And despite the assurances by the administration that Section 215, which relates to obtaining records from libraries and other repositories, is not being used, the fact is it is being used.

It has become much more problematic because it's part of a growing list of privacy-invasive government programs, such as TIA [Terrorism Information Awareness]. They changed the name [from Total Information Awareness] and John Poindexter has left the Defense Department, but I've seen nothing that indicates to me proof that TIA is absolutely dead with a stake driven through its heart and burned and its head cut off, which is how Steve Forbes used to describe what we needed to do with the IRS. So my presumption is that it in some form or fashion is continuing.

We have now the emergence of the CAPPS II system -- the airline passenger profiling system. We have, apparently, a number of state efforts that are being funded by the federal government, such as the one that just came to light called the Matrix system, down in Florida, where the feds are providing grant monies to state agencies to set up programs similar to TIA.

Reason: Isn't there a continuity between what Janet Reno was doing and what John Ashcroft's doing now? A lot of these measures are warmed over from the Clinton years.

Barr: I think that's a very accurate observation. It's one that I and a number of others had when we first saw the initial version of the law. It wasn't called the PATRIOT Act originally -- that was some acronym that someone came up with a few weeks later -- but the first version of what later became the PATRIOT Act was very familiar to a number of us on the Hill. We had seen many of these provisions submitted previously by the Clinton administration.

Reason: A lot of people were surprised when you took a post with the ACLU, but you actually cooperated with them going back at least to the early Clinton years.

Barr: It started with the initial anti-terrorism bill in '96. That probably was the first time that we recognized specifically that we had some very fundamental common interests. We worked together after that on several other pieces of legislation, such as the asset forfeiture reform, the national driver's license, and the Know Your Customer program.

I had always known them to be a very, very consistent advocate for civil liberties, but we disagreed on so many issues that I never really sought them out in terms of an ally. But shortly after I came up to the Congress, I realized -- and I think they realized the same thing -- that the size of government and the expansiveness of government power were creating a smaller sphere of personal liberty and personal privacy, and that we needed to find allies in this fight, and work together on those issues in which we agree and agree to disagree on the other issues.

Reason: Have you caught much flak from other conservative Republicans for cooperating with them?

Barr: To some extent, but the reaction generally has been positive. Most people, when they stop to think about it, realize that there is a great commonality of interest between liberals and conservatives on these issues.

Reason: You started out sympathetic to civil libertarian concerns about trying terrorists before military tribunals, but ended up endorsing the idea. What changed your mind?

Barr: The administration, in that instance, seemed to listen to a number of the criticisms that we made. It made some fairly substantial changes to the way they were going to carry out the tribunals.

There are two concerns that I continue to have. One is that the administration can change its mind at any time. You can't say, "Hey, this is a great idea," and just walk away from it. You've got to monitor it and make sure nobody backslides. The second is that I don't think we've seen a consistent standard exercised by the administration in deciding when to use military tribunals. That's bothersome.

If you use it in an appropriate setting -- a military setting, in the context of an active conflict -- and you have an enemy combatant, a military tribunal with its accelerated procedures lends itself to a wartime scenario. But the government really needs to have an articulated, consistent standard. You have John Walker Lindh, who I consider to be a poster boy for a military tribunal proceeding, tried in our civilian courts. And then you have this other fella, Jose Padilla, being tried in a military tribunal. I think his situation is much more appropriately handled in the civilian courts.

And then you have the Zacarias Moussaui case, where because the government doesn't seem to be getting its way with regard to access to witnesses by the defendant, they indicate, "Well, if we don't get our way, we'll just go ahead and try him in a military tribunal." I don't think that's appropriate.

Reason: In another one of your Creative Loafing columns, you wrote that neoconservatives want to "rely on the raw and aggressive use of military power to a unique degree." Where have they called for using military power where you'd prefer not to use force?

Barr: One place where this already seems to be coming back to haunt us is the Israeli call -- temporarily suspended, but it could be resurrected -- to go after Arafat and take him out, to kill him. It's somewhat inconsistent for us to counsel the Israelis not to do that when that's precisely the tack we seem to take in Iraq. This seems to open, to some extent, perhaps, a can of worms -- where other nations will take the same standard and we might not like it.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: aclu; barr; billofrights; bobbarr; bush; capps; corruption; elections; imperialpresidency; janetreno; johnashcroft; johnpoindexter; libertarianparty; lp; matrixsystem; patriotact; surveillance; tia; wot

Government agents are watching you.
Bob Barr is watching them.



BARR ’08

1 posted on 05/03/2008 6:38:49 PM PDT by Kurt Evans
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To: Kurt Evans
If guys like Barr, Paul, Keyes, Hunter, et al, would join together as a coalition with a coherent message, instead of running around like fringe Lone Rangers, they could hand both mainstream parties their asses. As it is, they just lift their leg, mark their own tree, and become poster boys for clique parties like the Libertarians, Constitutionalists, and Reformists. As a unit, they could send shockwaves through modern politics - and given that our current choices are McCain, Klinton, and Obama, it would be an overdue welcome.


2 posted on 05/03/2008 6:55:50 PM PDT by Viking2002 (Paul Krugman: Conscience Of A Crapweasel. (For lack of a better tagline at the moment.)
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To: Kurt Evans; lightman; dynachrome
Mr Evans, pls help me understand why Mr Barr has been so villified by everyone here, since he joined-up with the ACLU. I'm new here, but after searching Mr Barr's name in threads, it seems he's quite despised on FR.
3 posted on 05/03/2008 7:05:39 PM PDT by do not press 2 for spanish
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To: do not press 2 for spanish

“Mr Evans, pls help me understand why Mr Barr has been so villified by everyone here”

He’s pro-jihad.


4 posted on 05/03/2008 7:07:15 PM PDT by JHBowden
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To: Viking2002

I can’t find anything to disagree with there. As it is I’m writing Hunter in.


5 posted on 05/03/2008 7:08:05 PM PDT by cripplecreek (Voting CONSERVATIVE in memory of 5 children killed by illegals 2/17/08 and 2/19/ 08)
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To: JHBowden

“He’s pro-jihad.”

As in anti-America, anti-Western Civilization, pro-murder of Americans & Jews?

Going from acknowledged Conservative to ACLU-pro-jihad is really going over to the ‘dark side’, isn’t it?

Is he also pro-NAMBLA/pervert/deviant/degenerate, hate-US Military, anti-US Constitution, pro-terrorist, wacko libertarian?

I wonder why he flipped... any ideas?


6 posted on 05/03/2008 7:21:33 PM PDT by do not press 2 for spanish
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To: do not press 2 for spanish

Because he’s even dumber than Pat Buchanan. But at least he hasn’t made a commercial sitting on a couch with Nancy Pelosi.


7 posted on 05/03/2008 7:27:33 PM PDT by Past Your Eyes (Bill Clinton: Life Member of the Liars' Club.)
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To: do not press 2 for spanish
Mr Evans, pls help me understand why Mr Barr has been so villified by everyone here, since he joined-up with the ACLU.

He hasn't been vilified by everyone here. Those who have vilified him have probably had various motives. In some cases the motive may be that slander requires less effort than thinking.
8 posted on 05/03/2008 7:31:54 PM PDT by Kurt Evans (This message not approved by any candidate or candidate's committee.)
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To: Kurt Evans

Didn’t you come on here urging us to vote for Huckabee? Or does my memory fail me?


9 posted on 05/03/2008 8:21:02 PM PDT by davidtalker (David Gold - goldtalk.com)
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To: davidtalker

I’ve been reading here off-and-on since 2002. I registered in October 2004 to comment on the Thune-Daschle race for U.S. Senate. So far in this election season I’ve promoted Duncan Hunter (Hannity forums), Cap Fendig, Mike Huckabee, Alan Keyes and Bob Barr. It’s been a rough cycle.

http://electcap.us/
http://freerepublic.com/focus/f-news/1958069/posts


10 posted on 05/03/2008 9:45:47 PM PDT by Kurt Evans (This message not approved by any candidate or candidate's committee.)
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To: Kurt Evans
"In some cases the motive may be that slander requires less effort than thinking."


Sad but true.
11 posted on 05/05/2008 11:01:39 AM PDT by rob777 (Personal Responsibility is the Price of Freedom)
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To: cripplecreek

Have you checked with your State about write ins? I’m seeing a lot of States requiring write ins be pre qualified for the ballot. Write ins not PQ’d will be considered tainted and the whole ballot is disqualified by my State.

I think that’s one of the reasons Paul kept his name alive.

I’d rather throw it away on someone like Barr.


12 posted on 05/12/2008 12:51:26 PM PDT by papasmurf (Unless I post a link to a resource, what I post is opinion, regardless of how I spin it.)
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To: JHBowden
He’s pro-jihad.

Got something to back that up?

I find it hard to believe that because during his tenure, Barr was regarded as one of the most conservative members of Congress.

In 2002, he was described as "the idol of the gun-toting, abortion-fighting, IRS-hating hard right wing of American politics". But, his criticism of the Bush administration's encroachment on privacy and other civil liberties after the 9/11 attacks was unusual among House Republicans

He lost re-election due to redistricting here in Ga, which put him in a contest with another well liked Pubby, Linder.

More of his accomplishments and positions... He authored and sponsored the Defense of Marriage Act in 1996. But, he does not support the Federal Marriage Amendment, citing states' rights reasons. A Federalist position.

He voted for the Patriot Act, but only after his amendments adding "sunset clauses" were added to the final bill. He did the same thing during the debate over Bill Clinton's Comprehensive Anti-terrorism Act of 1995, crafting pro-civil liberties amendments to the original text. He now regrets his Patriot Act vote.

In Congress, he also proposed that the Pentagon ban the practice of Wicca in the military.

He's a supporter of the Fair Tax and repealing the 16th Amendment, which gives the US Congress the right to levy an income tax.

Barr might be best known for his role as one of the House managers during the Clinton impeachment trial. It was Barr who first introduced a resolution directing Judiciary Committee to inquire into impeachment proceedings, months before the Monica Lewinsky scandal came to light. Chief among the concerns Barr cited at the time was apparent obstruction of Justice Department investigations into Clinton campaign fundraising from foreign sources, chiefly China.

...and the list goes on. A moonbat, he's not.
13 posted on 05/12/2008 1:04:23 PM PDT by papasmurf (Unless I post a link to a resource, what I post is opinion, regardless of how I spin it.)
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To: papasmurf

I’ll be writing in Duncan Hunter and yes my state “allows” write ins.


14 posted on 05/12/2008 1:07:10 PM PDT by cripplecreek (Voting CONSERVATIVE in memory of 5 children killed by illegals 2/17/08 and 2/19/ 08)
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To: cripplecreek

Cool!


15 posted on 05/12/2008 1:18:52 PM PDT by papasmurf (Unless I post a link to a resource, what I post is opinion, regardless of how I spin it.)
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To: papasmurf

“his criticism of the Bush administration’s”

That explains 99.99% of the Hate directed at Barr.


16 posted on 05/13/2008 2:46:16 PM PDT by Philly Nomad
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To: Philly Nomad

That explains 99.99% of the Hate directed at Barr.


I think you are right...


17 posted on 05/25/2008 10:24:55 AM PDT by chasio649 (sick of it all)
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To: do not press 2 for spanish
I'm new here, but after searching Mr Barr's name in threads, it seems he's quite despised on FR.

Ten years ago, he was a saint here. Just like Ron Paul was too.

18 posted on 05/25/2008 11:13:23 AM PDT by Extremely Extreme Extremist (Bipartisanship: Two wolves and the American people deciding what's for dinner)
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