James Gillespie reports from Paris

[Valin]

Power Line:

Paul Mirengoff

November 22, 2015

Our unofficial Paris correspondent, attorney James Gillespie, provides another round of description/commentary regarding the French government’s response to the terrorist attacks of November 13. You can read his first two reports here and here.

 

The first portion of James’ latest report is descriptive and includes new measures proposed by the French government which I found especially interesting. The second portion is James’ commentary, which I commend, in particular, to the attention of our readers:

 

 

(Snip)

 

However…

 

It would be irresponsible not to admit that the powers that have been granted the French Administration are sweeping.

 

In the US, many of these measures would be flatly unconstitutional. In France, they are without precedent since the Algerian wars of the 1950s and ‘60s (I don’t count the brief, geographically-limited, half-hearted and widely-contested state of emergency declared by President Chirac in 2005 during the Paris suburb riots).

 

And it would be naïve to expect that the Administration will not be guilty of some overreaching. In the present climate the police have massive incentives to err on the side of going too far, rather than not going far enough. Further, the power of the police is enhanced by the consideration that it is not clear that persons placed under administrative detention have the right to an attorney; it is even less clear that they have the right to court-appointed counsel, as they would in criminal courts.

 

All in all, as with any public policy, this is a situation of trade-offs.

 

Personally, while I am a firm supporter of both free speech and procedural rights for accused criminals, I support the French government in the new measures – I believe that the benefits are worth the costs. At the same time, I believe that such support should not be blind, should be granted in full recognition of the collateral damage that may be inflicted, and should be conditioned on political leaders, journalists, lawyers and citizens holding the government to a high standard in exercising the vast powers it now has at its disposal.

 

(Snip)

[nickydog]

All 3 articles provide clear and concise info on what has taken place in France, and this guy's legal expertise adds greatly to his observations.