camberiu
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That amounts to option #1 above - blanket exception for terror, into which just about anything can be made to fit. That's not what I'm saying.
What I am saying is that if the limits on law enforcement are too onerous then those limits will be skirted at some point. That isn't too great either. The only way around that is to have edge cases which are clearly defined, and that have a mechanism for oversight built in.
Due process is oversight. That is the whole point of due process. You can't skip due process and have oversight at the same time, which is what you are proposing (or trying to propose). Skipping due process is by definition scuttling oversight. It is allowing the prosecutor, the jury and the judge to become the same person or entity. And even with all the oversight we have today, the system is already highly fallible, manipulable and biased, imagine when you skirt around it. The potential for abuse grows exponentially.
The system we have today of innocent until proven guilty, of not allowing torture, of requiring a lawyer to be present, was not created in the luxury of a realm free of terrorism and fear and just for shits and giggles. it was created in the mist of all of that, because thousands of years of trial and error has shown that once you deviate from that, you create a monster much more terrible, frighting and destructive than the terrorists that you are trying to fight against. That is why Ben Franklin wrote that those who trade freedom for security shall have neither. That is the crux of his argument: That once you skirt around the process, once you make someone's rights conditional and relative, instead of absolute, the egg of the serpent materializes. You have started to go down into the path of damnation. What we have today is the MINIMUM level of oversight that our civilization has been able to come up with and yet have a resemblance of a fair justice system. There is no way to "streamline" that further and not open the floodgates to widespread injustice and abuse.
Freedom and justice are not just ends, they are also means. You cannot achieve a just and free society by denying people justice and freedom, no matter how scared you might be. Once you go down that path, no matter how well intentioned or reasonable you might sound, it is over.