Against Hillary: Government Power and Criminal Justice

This is the fifth and final post in my series opposing Hillary Clinton’s candidacy. See the introduction in Part 1 here. Read my opposition to Trump here. Read why you should mathematically vote for a third party here.

Government Power and Criminal Justice

I could go on critiquing many more topics where progressives and libertarians disagree. I’m not sure that would help, so I’ll conclude with this broad section on government power. The fundamental problem we should all have with Hillary Clinton is that she trusts the government to fix every problem we face. But the government has no competition, is slow to change, is slow to respond, and wields a massive police state. Moreover, she also seems to believe government officials should always be trusted to act in the public interest. This seems to govern her position on her mishandling classified information, on her foreign interventions and wars, on healthcare, on government spending, on our right to know that our government is spying on us, and even on the right for people to publish books and movies critical of candidates near elections.

Let’s go back to some points I made in my Against Trump post. As noted by Conor Friedersdorf, the powers of the president apparently include ordering the execution of American citizens with drone strikes (something it seems Hillary Clinton implicitly approved of), detaining Americans suspected of terrorism indefinitely, and spying on millions of Americans with unconstitutional general warrants. Quoting me from the Trump piece:

The enormous amount of statutes on the books means it’s almost certain average people break laws every single day, and so these law enforcement agencies can always find probable cause to arrest you. Then they can stack up charges to force a plea deal, all at the discretion of prosecutors.  As it stands right now, there’s a strong case that the criminal justice system is biased, slow, and unfair, and that it deprives individuals of their rights. But now imagine Trump in charge of the DEA, FBI, intelligence services, and the military.

I later compare Trump to Nixon. My intention was to show that bad presidents have existed and they did terrible damage. Of course, Nixon and Trump in reality have little in common; Nixon was an unlikeable, calculating, politically successful military interventionist who also expanded the size and scope of the regulatory state and federal government while using his power to cover up his aggressive use of the state to fight his political rivals. In other words, he was literally Hillary Clinton in 2016. Imagine putting Richard Nixon in charge of the government today where he would have access to unprecendented surveillance, secret courts, and undeclared wars. This is what we face in a Clinton presidency.

One of the biggest issues in 2016 has been the way police interact with citizens, especially people of color. The trust Hillary Clinton has in the state is simply incompatible with the reality of police abuses. Libertarians, on the other hand, have been talking about police abuse for quite some time. Some of those ideas have been adopted by Clinton including an opposition to mandatory minimums, a prioritization of violent crime over drug crimes, and better police accountability. But Clinton’s positions are mixed at best: harsher sentences in the 90s that helped create the massive prison population we see today weren’t just introduced for drug possession, but also firearm possession. Clinton hasn’t discussed liberalization of firearm ownership, and in fact has called for the suspension of 2nd amendment rights for people placed on the unaccountable and discriminatory terrorist watch list. Her support for the Patriot Act and NSA spying doesn’t really imply a worldview that wants to reduce the police powers of the state. Indeed, her stances in all sorts of areas from undeclared wars to videogames reflect a fundamental belief in civilian deference to state power. Yet as countless examples have shown, including Eric Garner, Sandra Bland, Tamir Rice, and more, deferring to a powerful police state allows harm to come to innocents.

The more power the state has, the more likely there will be confrontations between actors of the state and citizens, and confrontations where there is a power imbalance leads to abuses. Even if we could end racism today, we would not be solving the problem; police that still abuse their power, just against people of all races equally are still immoral. Whether it’s the justice system broadly, government surveillance, regulatory powers, or foreign interventions Hillary Clinton does not offer a fundamental change from simply trusting in the state to fix the problem. Our military has been involved in trillion dollar middle eastern wars over the past 16 years. The justice system is so broken that prosecutors can force 95% of defendants to accept plea bargains. We are outraged at the power the police are wielding without oversight. Yet we are making the problem worse by putting a reincarnation of Richard Nixon into the White House, after she has already brazenly broken the law and gotten away with it. This is simply the wrong answer.

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Picture Credit: Public Domain Image, from National Archives and Records Administration.