Vox Political: Snoopers’ Charter Allows State to Lie When Evidence Gather through Spying

I’ve also written several pieces over the past few days talking about the slow death of democracy and freedom in America. Obama has taken over and made permanent all the infringements on Americans’ constitutional freedoms set up by George Dubya Bush, the Democrats and corporate media have taken to smearing leading left-wing journos and website as disseminators of Russian propaganda, and a Conservative student group is compiling a black list of left-wing college professors.

But civil liberties and the rule of law are also under attack here as well. Tony Blair also tried to set up secret courts in Britain when he was prime minister. David Cameron and Nick Clegg also passed legislation establishing them, and expanding the powers of the British surveillance state. Theresa May is determined to do the same with her Investigatory Powers Bill.

Mike today has put up a piece commenting on the way the May’s ‘Snoopers’ Charter’ demands that the prosecution lie in court to avoid revealing that the evidence has been gathered through spying. Section 56 of her wretched Act makes it an offence not only to reveal that the evidence was obtained by lying, but also that spying is, was and/or will be going on. This includes a clause meaning that the legislation also acts retrospectively. In other words, you can be charged and convicted of doing this before this pernicious piece of legislation was ever passed.

This means that the state can lie to secure a conviction. And there seems to be little way to defend against it. Mike has suggested that there is a possible way out, if the defence can show that the evidence could not have obtained it in the normal ways, but crucially does not state that it was obtained through spying. But Mike states that this is no more than a suggestion, and asks his readers for their opinions.

See: http://voxpoliticalonline.com/2016/12/07/if-the-snoopers-charter-allows-the-state-to-lie-in-court-how-can-the-innocent-foil-it/

The whole issue of secret courts is profoundly anti-democratic and a real and present danger to civil liberties. Under the legislation introduced by the Conservatives and their Lib-Dem enablers, Cameron and Clegg, a court case may be held in secret if a public trial is believed to constitute a threat to national security. The accused may not see the evidence against them, nor the identity of their accuser, again, all to safeguard ‘national security’. Now you may not even be told that you have been spied on.

I’ve pointed out before that this is exactly like the judicial system set up by the totalitarian states of Nazi Germany and Stalinist Russia, and also Saddam Hussein’s Iraq. The Iraqi legal system contained a series of secret clauses, whose disclosure to the public was a crime. Thus someone under Saddam’s regime could be charged with a series of offences he was not aware he had committed, and could not legally be made aware.

Franz Kafka, the great Czech writer, described all this in his novels The Trial and The Castle. These are about people hauled through convoluted court proceedings, tried and executed, without being told what crime they have committed or indeed anything much about the supposed offence. These are praised by the connoisseurs of great literature and historians, because they prophesy the gross miscarriages of justice at the heart of the totalitarian regimes of the 20th century. I think Kafka was probably less serious about his novels’ intentions. If I remember correctly, he had been a clerk for an insurance company, handling sickness claims, and his books are satires on convoluted bureaucracy. I think he even described them as long jokes. But dry, and ironic in style of the Middle European sense of humour.

But there is nothing remotely funny or joking about this piece of legislation. This is the corporate establishment using brutally authoritarian methods to hang on to its power and suppress dissent. All the while telling us that it’s all for our own good, because of the threat of Islamist terrorism. After politicians like Theresa May, Cameron and Clegg have finished, I shall be surprised if we have any freedom left for ISIS or al-Qaeda to destroy.

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