Yesterday, we reported that the Oath Keepers, a “Patriot” movement group best known for the standoff at the Bundy Ranch and for showing up heavily armed to the protests in Ferguson, Missouri, was converging on Kentucky to offer a “security detail” to anti-gay clerk Kim Davis to protect her from further arrest for refusing to do her job and issue marriage licenses to same-sex couples.
Now, almost as soon as they arrived, the Oath Keepers are packing up and going home. Oath Keepers leader Stewart Rhodes writes in an email to members today that Davis, through her attorneys at the Religious Right legal group Liberty Counsel, has (probably wisely) declined their offer of assistance. He encourages members to save their gas money for another mission, such as “our planned upcoming operation to guard Texas border ranches against drug cartel violence and invasion”:
Upon request by Kim Davis’ legal team, Oath Keepers is canceling the planned security detail for Mrs. Davis in Morehead, Kentucky.
Oath Keepers has been contacted by Kim Davis’ legal team at Liberty Counsel, and they have, on her behalf, declined our offer of assistance in protecting her from a possible repeat incarceration by Federal District Court judge David Bunning. We will, of course, respect her wishes, and are hereby issuing a stand-down for our security volunteers who were planning on deploying to Morehead, Kentucky on Monday.
Oath Keepers will NOT be conducting a security detail for Mrs. Davis. We always seek the full consent and cooperation of anyone we protect, and we must respect their wishes if they decline that protection. Anyone who was planning on going to Morehead, KY to serve on the security detail are now asked to not do so. We do thank you most sincerely for your willingness to step up, as unpaid volunteers, in defense of due process. That was a very honorable intent, and we commend you.
This is a free country, and of course you are free to still go there on Monday and peaceably assemble to express your support for her due process rights and your opposition to arbitrary arrest if you want to, but Oath Keepers will not be conducting a security detail, and she apparently does not want anyone else to do so. Therefore, we encourage you to save your gas money and time off work for another security detail, at another time (such as for our planned upcoming operation to guard Texas border ranches against drug cartel violence and invasion).
We have not talked to Mrs. Davis directly, and therefore we don’t know her reasoning or ultimate intent, but we do note that civil disobedience where the person is willing to allow themselves to be unlawfully arrested and are willing to go to jail to make a point, is a time honored, respectable, and honorable American tradition going back to Henry David Thoreau. We must respect that if it turns out to be her chosen strategy. There is more than one way to skin a cat, and such non-resistant civil-disobedience can be a powerful tool in resisting tyranny. Or it may be that she is confident of making an accommodation. We don’t know, but regardless we will respect her wishes and stay out of it.
Rhodes ends with a “special message to our critics”:
As for the many harsh critics of our offer to protect Mrs. Davis, it is frankly sad that so many Americans cannot understand taking a stand in defense of someone’s due process rights regardless of who that person is, what they stand for, or what they are accused of doing or have done. That should not matter, and all that should matter is our common ground of the Bill of Rights and the hard-won rights of due process and in particular jury trial. As I told one person who wrote in:
You can’t see past your opposition to what she did long enough to see our point about due process and the dangers of having judges use their contempt power like a magic wand to put people into indefinite detention till they submit. Please try to focus on the due process rights of the accused, not on the particular crime. I would, and have, stood up for the due process rights or anyone, regardless of the accusations made against them. I did so during the Bush Admin, when I stood up for the due process rights of Yasir Hamdi and Jose Padila, both of whom are Muslim Americans who were held in indefinite detention by Bush. I also stood up for the due process rights of the detainees at Guantanamo Bay. And the paper I wrote at Yale Law about that won Yale’s top prize for best paper on the Bill of Rights. But that was during the Bush years, and was a harsh criticism of what a Republican was doing to Muslims. so the leftist professors at Yale ate it up.
Now, with the shoe on the other foot, leftists are apparently as blind to the bedrock issues of due process for someone they despise – Davis – as the Bush supporters were when it came to someone they despised – Jose Padilla and Yasir Hamdi.
Clearly, in America, what matters most is whether the accused is seen as a “good guy” or a “bad guy” and if seen as being bad, then there is zero concern for due process and people will clamor for expedited punishment. I suppose that is just a reflection of human nature. But sad nonetheless.
Now, after a cycle of the Republicans in power, and then the Democrats, with both exponentially growing the military industrial complex, national security surveillance state over us, I see that Orwell was right when he said “If you want a vision of the future, imagine a boot stamping on a human face – forever.” It doesn’t matter to me whether it is a right boot or a left boot. Or whether you think the person being smashed deserves it. I oppose it. – Stewart