The sad parallels between the Texas polygamy raid and Guantanamo

[madmusic]

By Dahlia Lithwick
Posted Thursday, May 22, 2008, at 6:09 PM ET

For those of you who haven't been following the many legal twists and turns of the Texas polygamy story, today's news of a state appellate court ruling that child welfare officials impermissibly seized hundreds of children from a polygamist ranch over three days in April will be shocking. It seemed an open-and-shut case of child abuse, right? Young girls married to much older men, trapped on a compound, bearing babies. The question was not so much why the state removed 465 children from the Fundamentalist Church of Jesus Christ of Latter-day Saints on April 3 but, rather, what the heck took them so long?

More recent reporting has shown that the legal apparatus intended to protect abused children in Texas was strained to the breaking point by what turned out to be one of the largest child welfare cases in American history. Earlier today, attorneys for Child Protective Services confirmed that 15 of the 31 "child" mothers placed in foster care were actually adults. One is 27. A 14-year-old removed as a child mother apparently has no children. The state had raided the ranch after a 16-year-old girl called an abuse hotline saying she had been beaten and raped by her 50-year-old husband, but that girl has not been found. And interim custody placements made parental visits difficult, if not impossible. Seized children were not even permitted to hear sect prophet Warren Jeffs' name. The original custody proceedings had been hasty, chaotic, and confused. And estimated court costs were being projected at $2.25 million (before lawyers' fees).

In other words, what was intended as a noble effort suddenly got mired down in tricky factual disputes, cultural and religious clashes, and the practical necessity of warehousing hundreds of human beings for an indefinite period of time. If this sounds a whole lot like the Bush administration's fruitless, costly, and ultimately cruel exercises in mass justice at Guantanamo Bay, that's because the parallels are hard to miss. In both cases, government actors hurled themselves at a problem with the best of intentions. The prospect of averting just one more terror attack, or protecting just one more molested child, has a way of making all those technical legal details seem trivial. But both cases have been plagued by glaring errors of fact and identification: Names and ages and associations were all jumbled up, hearsay and double hearsay piled up in place of real evidence. At the time, it probably seemed like all the who's and where's could eventually be sorted out later. But there were real costs to surging forward ahead of the legal niceties.

The most important parallel between the seizure of the 465 children from the Yearning for Zion Ranch and the warehousing of 775 alleged prisoners at Guantanamo Bay in 2002 is that legal processes are slow and careful and cautious—or, at least, they trend that way over the long haul. That makes them poorly suited to exigent situations in which the rights of hundreds of different individuals are at risk. It also makes them poorly suited for grand political gestures.

Read more: http://www.slate.com/id/2191009/

[madmusic]

1. Polygamists' Kids in Their Own Private Gitmo

Indefinite detention without meaningful hearings, inadequate defense counsel, standards of proof that range from low to nonexistent and, in most states, secret tribunals, may sound like the Bush Administration's war on terror. In fact, it's all standard operating procedure as part of America's war on child abuse. But mass detention is new. And now, with its raid on the compound of the Fundamentalist Church of Jesus Christ of Latter-Day Saints in Eldorado, the State of Texas has filled that last gap--complete with their own private Guantánamo.

A Texas appeals court ruled May 22 that the state had no right to take many of the children. But the children remain scattered throughout Texas, as CPS appeals the decision.

On one point, defenders of this indefinite detention are right. The issue on which this massive detention turns is not religion--the issue is alleged rape. But the allegations against the detainees at Guantánamo also are serious and real. There, the issue also is not religion but terrorism. What's happening in Texas may be worse than Guantánamo. For starters, the victims are children.

When children are needlessly put into foster care, they lose not only mom and dad but often brothers, sisters, aunts, uncles, grandparents, teachers, friends and classmates. For a young enough child, it's an experience akin to a kidnapping. One recent study of foster care "alumni" found they had twice the rate of post-traumatic stress disorder of Gulf War veterans and only 20 percent could be said to be "doing well."

http://www.thenation.com/doc/20080609/wexler