Thursday, May 02, 2019

The (mis)rule of law

Perhaps it is the teenage rebel who continues to live within me, or perhaps because I am always pissed off about something or the other.  Yet, despite the anger within, I am a wuss who obeys the law.  I simply do not have the backbone to openly question the law and its enforcers.

I do have the greatest admiration for the courage and determination that people demonstrate when they question the law, fully knowing that they could be imprisoned for months or even years, should the law find them guilty.

Imagine if MLK and others had respected the rule of law and not protested against the existing system that treated a population as less than equal.

A geography colleague--in the larger community--is one of those courageous and determined people who are willing to risk it all in order to do the morally correct thing.  He--Scott Warren--writes in his recent update:
By now most of you know the story. In January 2018 I received misdemeanor charges for doing humanitarian work in the Cabeza Prieta National Wildlife Refuge. Days later, I was arrested and then indicted by federal grand jury in a three-count felony harboring charge for giving "food, water, clean clothes and beds" to two undocumented individuals in my hometown of Ajo, Arizona (http://kjzz.org/content/10966/arizona-aid-worker-arrested-accused-harboring-undocumented-immigrants). The judge released me on my own recognizance, but the two undocumented individuals were held in detention for weeks, deposed as material witnesses in the government's case against me, then deported to the countries from which they had fled for their safety.
Trials for both the misdemeanor and felony are coming up, May 6 and May 28, respectively.
Warren is fighting the US government.  One can easily imagine what a challenge this is.  If he fails in this fight?  Warren can be locked away for years!!! :(

Despite that, Warren fights on.  He writes:
My future is most directly at stake in these cases. But I am well situated to weather a felony charge. In the future, there may be others who will not be so well resourced. Regardless, the government may continue to expand its interpretation of the harboring and smuggling laws to target not only humanitarian aid workers on the border, but possibly family members, friends, churches, lawyers, doctors, charities, and all those in the interior of the country who support undocumented people. Even if that support is in the form of the most basic of human needs for "food, water, clean clothes, and beds." 
I encourage you to use this moment in ways that you can, to shine a light not just on the border, but on the people and places in your own communities most affected by these issues.
Warren joins a long line of people who have courageously stood up against the forces, who defend their actions by using a legal argument: Necessity defense/doctrine.
This legal argument has deep roots: History is full of situations in which breaking the law was morally justified, and a critical means of changing unjust laws. The abolition movement, the women's suffrage movement, and the civil rights movement of the 1960s all included protests, sit-ins, and other acts of non-violent civil disobedience. Each of these movements saw activists jailed and prosecuted for challenging laws that were changed as a result. While controversial at the time, these struggles are now understood as heroic efforts that led to major milestones in human rights.
What many people don't realize is that, in such situations, breaking the law can be legally, as well as morally, permissible, and our legal system recognizes that breaking the law is sometimes justified.
Our collective progress is thanks to the courageous few who act according to their conscience, and then lead us also towards a better society.
History proves that strict adherence to immoral laws can be foolhardy and destructive. Laws are not perfect. They evolve over time to reflect society's changing values. Our ability to act rationally and prioritize morality in the face of these contradictions is what moves us toward a more just world.
In the case of Scott Warren, and others who are battling the immoral acts of the US government, there are a few ways that you too can help.  Warren provides that information also in his email:
For those who want to support with a financial contribution, please consider a donation to Armadillos Busqueda y Rescate (Armadillos Search and Rescue). This volunteer, civilian organization searches for migrants lost in the Arizona desert and regularly recovers the bodies and bones of those who have died. Many volunteers are immigrants themselves and I consider them all friends. Donate at https://www.gofundme.com/armadillos-busqueda-y-rescate1, offer a message of support, and help them surpass their fundraising goal.
Feel free to distribute this email message widely, post to social media, and share within your own social circles. 

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