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Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @04:45PM (#30727288)
Really? The last item 'Assets of russian "oligarchs"' seems like a massive violation of due process. It's basically civil forfeiture 2.0.
Re:Mariupol's devastation: AP journalists document war's toll by verve_rat on Friday March 18, 2022 @05:28PM (#30727764)
They are quasi-government entities of a hostile power. Stop being so naive, when wars happen realpolitik becomes the primary value system of nations.
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:40PM (#30727900)
>when wars happen realpolitik becomes the primary value system of nations.

And I suppose you're arguing that's a good thing? Everything you said could have been applied to suspected terrorists during the early 2000s, and suspected communists during the McCarthy era. Do you support those actions as well?

To be clear, I'm not against punishing the entities listed. I'm against punishing the entities listed without due process.

Re:Mariupol's devastation: AP journalists document war's toll by verve_rat on Friday March 18, 2022 @07:33PM (#30729013)
There is an element of scale here. The individuals you are talking about have a limited impact. But the oligarchs aren't just individuals, they are billion dollar institutions that are directly tied to the government in question.

Or to put it another way, Osama bin Laden didn't get much due process. But that is the difference between (allegedly) committing a crime and being a threat to a government.

Alleged criminals get due process, threats get "dealt with", for some given value of "dealt with".

Of course then the danger is that governments will see threats that aren't really there and try to turn people into threats rather than criminals to "deal" with them. But to my mind that is an argument for better oversight of the use of the tools that governments have, rather than just removing the "threat" toolkit and leaving only the "criminal" toolkit.

Re:Mariupol's devastation: AP journalists document war's toll by heartofadog on Saturday March 19, 2022 @11:34PM (#30739833)
War is, by definition, a "massive violation of due process".

I get your point (that ethics and law matter -- including basic principles of law where international law is not codified), and on a certain level this is valid.

But historically speaking, once things ratchet up to a certain level and scope of barbarity (as we are seeing unfold in real time) -- it's just not realistic to sit and wait for a "fair" solution to emerge (in the near term or ever). People are going to be hurt (and treated unfairly) one way or another. It's just a question of who is going to take the hit, and in what form. So if it's at least arguably plausible that measures that inconvenience a few individuals in the top .1 percent net-worth-wise might bring this insane situation to a close sooner rather than later -- I can go with that.

And there's no reason we can't "rub" a bit of due process into the situation -- by saying "OK sure, you can file an appeal, and have a shot at getting your toys and baubles back -- after Russia returns to its borders, and Putin has been decisively removed from power."

Re:Mariupol's devastation: AP journalists document war's toll by sorokod on Friday March 18, 2022 @05:01PM (#30727467)
All sorts of things get violated during war time - what due process would you have?
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:23PM (#30727708)
The willingness of people to upend civil rights and due process in times of "emergency" never creases to horrify me. Please remember that the japanese internment camps were basically justified using similar lines of thought.
Re:Mariupol's devastation: AP journalists document war's toll by oneoff786 on Friday March 18, 2022 @06:08PM (#30728159)
The difference between these two is that one of them is creating internment camps for innocent people, and the other is taking the wealth of people who enabled genocide to help victims.

That both involve a skip of some civil liberties is hardly a meaningful similarity

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @06:17PM (#30728256)
> The difference between these two is that one of them is creating internment camps for innocent people, and the other is taking the wealth of people who enabled genocide to help victims.

They certainly weren't considered "innocent" back in the day, at least according to some of the newspaper editorials.

>A Los Angeles Times editorial dated February 28, 1942, stated that:

>As to a considerable number of Japanese, no matter where born, there is unfortunately no doubt whatever. They are for Japan; they will aid Japan in every way possible by espionage, sabotage and other activity; and they need to be restrained for the safety of California and the United States. And since there is no sure test for loyalty to the United States, all must be restrained. Those truly loyal will understand and make no objection.

https://en.wikipedia.org/wiki/Internment_of_Japanese_America...

Re:Mariupol's devastation: AP journalists document war's toll by quantumwannabe on Friday March 18, 2022 @09:55PM (#30730135)
One of the major things that led to the internment camps was an incident where a Japanese fighter pilot who was shot down during the attack on Pearl Harbor was helped by Japanese-Hawaiians who had lived in US terriorty for years. The Japanese-Hawaiians attacked the guard, helped the pilot escape, burned down a neighbor's house, and took hostages. This caused many Americans to fear that the war effort would be sabotaged by ethnic Japanese (and Germans/Italians, who were spied upon but not placed in camps in large numbers as it would have been infeasible to do so due to their high American population) citizens who had more loyalty to their homeland than their country.

>The behavior of Shintani and the Haradas was included in an official Navy report dated January 26, 1942. The report's author Navy Lieutenant C. B. Baldwin wrote: "The fact that the two Niʻihau Japanese who had previously shown no anti-American tendencies went to the aid of the pilot when Japanese domination of the island seemed possible, indicate[s] [the] likelihood that Japanese residents previously believed loyal to the United States may aid Japan if further Japanese attacks appear successful."

https://en.wikipedia.org/wiki/Niihau_incident

Re:Mariupol's devastation: AP journalists document war's toll by oneoff786 on Saturday March 19, 2022 @09:30AM (#30733557)
That is irrelevant.
Re:Mariupol's devastation: AP journalists document war's toll by sorokod on Friday March 18, 2022 @05:40PM (#30727896)
An interesting use of double quotes around emergency, given the topic.

Since it will be governments (maybe) seizing those assets and not members of HN - would that be sufficient to not horrify you?

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @06:21PM (#30728304)
>Since it will be governments (maybe) seizing those assets and not members of HN - would that be sufficient to not horrify you?

I'm not arabic/muslim so the chances of me being targeted by anti-terror regulation is probably fairly low. Yet, I'm still against them. This comes to mind: https://en.wikipedia.org/wiki/First_they_came_...#Text

Re:Mariupol's devastation: AP journalists document war's toll by ModernMech on Friday March 18, 2022 @06:46PM (#30728576)
I think it's pretty rich to link to that poem given the context. It's a poem about the rise of authoritarianism, a poem Putin could have mistaken for a blueprint rather than a warning. Today as people speak out in Russia they are arrested, and that insulates Putin to believe he has the power and right to invade foreign countries. To use this poem as an argument against measures taken to nonviolently stem the tide of authoritarianism is particularly perverse, especially when what we're talking about here is no more abhorrent than seizing luxury assets like yachts and apartments from billionaires.
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @08:24PM (#30729473)
>It's a poem about the rise of authoritarianism [...] To use this poem as an argument against measures to stem the tide of authoritarianism is particularly perverse

And bypassing due process is also authoritarian. It might be in service of an anti-authoritarian goal, but that just gives me "the world must learn of our peaceful ways, by force" vibes.

Re:Mariupol's devastation: AP journalists document war's toll by xdennis on Friday March 18, 2022 @10:55PM (#30730501)
It's not bypassing due process. The process is: "Are they Russian oligarchs? If yes, confiscate everything."

Reactions to war a blunt like this. It could have been avoided only by Russia.

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @11:33PM (#30730725)
> It's not bypassing due process. The process is: "Are they Russian oligarchs? If yes, confiscate everything."

It's quite literally bypassing due process, unless I'm misunderstanding something here.

1. Will there be a trial? The fact that the assets were seized without trial, and that no suggestions of a trial be held suggests that OP (and most people here) are not advocating for trials. If that's the case, I have a hard time understanding how that could be considered "due process".

2. what crimes did the oligarchs actually commit? when was "being a russian oligarch" criminalized? there were russian sanctions that were passed, but those do not give the government authority to expropriate assets

3. any laws passed to expropriate assets sound suspiciously like bill of attainder, which would be banned by the constitution. At best it would allow you to expropriate assets of people who still have connections to putin/russia or whatever.

Re:Mariupol's devastation: AP journalists document war's toll by ModernMech on Friday March 18, 2022 @08:45PM (#30729635)
> And bypassing due process is also authoritarian.

No it is not, and even if it were, it's decidedly not the brand of authoritarianism that was being warned about in the poem.

Your entire argument seems to hinge on this idea that heretofore unspecified "due process" (what process is due, you haven't suggested) has been violated.

Yet as far as I'm aware, all appropriate processes and procedures were followed by our elected representatives in the course of levying sanctions against foreign nationals. Please point out where any process that was so due was circumvented. What exactly is the due process being violated?

To understand how sanctioning foreign nationals is not authoritarianism, consider the process by which the sanctions came to be. We came together in November of 2020 to elect a new government, entrusted with among other duties, the task of executing a foreign policy. That foreign policy is being executed now, which involves seizing assets of foreign individuals engaged in waging war against an ally. The seizing of assets is done under law, which was written and passed by our elected representatives, and signed into law buy our elected head of state. If at any point in time we deem their actions unfit to represent us, we are able to elect a new government to replace them. This is not authoritarianism. Calling this process authoritarian gives Putin a pass, because it's not at all like what happens in Russia.

I'm sorry you feel like some Russian billionaire's "due process" was violated, but that's simply not the case, and even if it were that is not "authoritarian". Not every bit of government overreach is "authoritarianism".

> that just gives me "the world must learn of our peaceful ways, by force" vibes.

I'm sorry, but as a point of fact it's government force that is used to preserve and enforce property rights. How do you think private property remains private if not for the government's monopoly to arrest and imprison? Peace and goodwill toward men is not keeping the property of Russian oligarchs private -- it's the threat of imprisonment for violating them.

My advice to you is if you're really worried about the issue of civil asset forfeiture, this is not the right context to argue against it. Billionaire Russian oligarchs are not a sympathetic group to champion, and it's really in poor taste in the moment. Your effort is better spent fighting concrete injustices faced by ordinary Americans, rather than making dozens of posts on HN defending... Russian oligarchs engaged in a war of aggression.

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @11:47PM (#30730791)
>Yet as far as I'm aware, all appropriate processes and procedures were followed by our elected representatives in the course of levying sanctions against foreign nationals. Please point out where any process that was so due was circumvented. What exactly is the due process being violated?

You realize that sanctions =/= expropriation, and we were talking about expropriation?

>I'm sorry, but as a point of fact it's government force that is used to preserve and enforce property rights. How do you think private property remains private if not for the government's monopoly to arrest and imprison? Peace and goodwill toward men is not keeping the property of Russian oligarchs private -- it's the threat of imprisonment for violating them.

I'm not against "force" here, I'm against invoking authoritarian policies to fight authoritarianism. If there are some anti-due process terrorists running around, and the government decides respond by sending them to gulags/gitmo without trial, they shouldn't get to claim the moral high ground. At the very least, the irony shouldn't be lost on them.

>My advice to you is if you're really worried about the issue of civil asset forfeiture, this is not the right context to argue against it. Billionaire Russian oligarchs are not a sympathetic group to champion, and it's really in poor taste in the moment. Your effort is better spent fighting concrete injustices faced by ordinary Americans, rather than making dozens of posts on HN defending... Russian oligarchs engaged in a war of aggression.

Yeah, but the whole point of due process is to protect the unsympathetic. If they're sympathetic they can at least try to win in the court of public opinion. For the unsympathetic, due process is literally all they have.

Re:Mariupol's devastation: AP journalists document war's toll by stjohnswarts on Friday March 18, 2022 @06:36PM (#30728472)
But it's not, we've known for years they are milking the Russian people both legally and illegally. So you're basically feeling sorry for Russian oligarchs?
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @08:14PM (#30729388)
As mentioned elsewhere, I'm not feeling sorry for the oligarchs. I'm appalled how easily we as a society are willing to skip due process, given a sufficiently evil sounding villain.
Re:Mariupol's devastation: AP journalists document war's toll by stjohnswarts on Friday March 18, 2022 @09:56PM (#30730137)
They're gonna be okay, even if their fortunes are cut in half they're still billionaires. We all know that if you're a billionaire in Russia you are are criminal beholden to Putin. I'm sure they have bucketloads of documents at the CIA with more details than one person can read in a lifetime.
Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Saturday March 19, 2022 @10:22AM (#30733923)
Thing is, you remind me of every armchair general who pitch a royal racist fit about the BLM protests and that was on behalf of due process for Americans. But a few seized Russian boats gets you all fired up.
Re:Mariupol's devastation: AP journalists document war's toll by ChuckNorris89 on Friday March 18, 2022 @05:31PM (#30727800)
>It's basically civil forfeiture 2.0.

That's .... the point.

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:35PM (#30727848)
"we're going to violate people's rights, but don't worry because we promise that we'll only be using it against Bad People. You're not a Bad People supporter/sympathizer, are you? Yeah that's what we thought."
Re:Mariupol's devastation: AP journalists document war's toll by scotty79 on Friday March 18, 2022 @06:01PM (#30728106)
It's just seizing assets related to state terrorism.
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @06:08PM (#30728156)
And FISA is "just" collecting information related to '"foreign powers" and "agents of foreign powers" suspected of espionage or terrorism', right?

https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveilla...

Re:Mariupol's devastation: AP journalists document war's toll by scotty79 on Friday March 18, 2022 @06:21PM (#30728301)
Sure. So you see we already have estabilished precedent. Finally we can put those overreaching mechanisms to a good use.
Re:Mariupol's devastation: AP journalists document war's toll by tastyfreeze on Friday March 18, 2022 @06:17PM (#30728254)
You are not alone in that sentiment. I wrote my representative to tell him that I will absolutely not support seizure of foreign national private assets. I don't care that they are billionaires or that they are wealthy because they bow to Putin. We don't throw our laws out the window for political expediency.
[dead]
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:27PM (#30727754)
>(You do realize these aren't US citizens we're talking about, correct?

You realize that due process isn't something that's reserved for US citizens, right?

> These are Putin's economic hitmen. Fuck them.

Note that I objected to the lack of due processes, not to seizing their assets. Until they have been granted due process, they're merely accused of being "Putin's economic hitmen".

Re:Mariupol's devastation: AP journalists document war's toll by PostOnce on Friday March 18, 2022 @06:06PM (#30728137)
Consider this an arrest, rather than imprisonment. We don't have to prove a man with blood on his hands is the murderer before we arrest him, that comes later.

People are dying every day -- obviously lawsuits and criminal trials take years in complex cases. A lot more people would be dead by then. Our goal in the immediate term is to stop the war. One of the strongest non-kinetic tools we have for that is these sanctions.

When the war ends, then we can figure out due process... for these guys hundred million dollar yachts. I'm sure they can live without a cruise to a resort island in the mean time while we try to save lives in Mariupol.

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @06:10PM (#30728181)
> Consider this an arrest, rather than imprisonment. We don't have to prove a man with blood on his hands is the murderer before we arrest him, that comes later.

OP isn't talking about freezing the funds, OP is literally asking for the funds to be redistributed right now.

Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Friday March 18, 2022 @05:09PM (#30727557)
Haha. Personal cronies of a foreign adversary don't get due process.
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:24PM (#30727721)
We literally give accused child rapists and serial killers due process. Are you suggesting that's a mistake, or that people accused "Personal cronies of a foreign adversary" are somehow worse?
Re:Mariupol's devastation: AP journalists document war's toll by xdennis on Friday March 18, 2022 @11:11PM (#30730602)
It's not about who's worse, it's about what we can afford to do.

As Dan Carlin said, what's terrible about authoritarian countries is that fighting them forces you to act like them. If we set ourselves boundaries only we follow, we're doomed to lose.

Following the regular process just gives an advantage to the enemy because he knows he can just put all his foreign assets in the hands of private oligarchs and we'll have our hands tied behind our backs by our own noble principles.

If we don't act bluntly (like confiscating oligarch wealth) we have no leverage at all.

We _can_ afford to give rapists proper due process because society still functions afterwards. But look at what happened during the height of Mafia power. Both Italy and the US had to change the regular due process (RICO, Maxi Trial) because it cannot work when individuals are conspiring behind the scene.

And Russia functions as a giant mafia state.

Re:Mariupol's devastation: AP journalists document war's toll by soraminazuki on Saturday March 19, 2022 @01:35AM (#30731396)
> Following the regular process just gives an advantage to the enemy because he knows he can just put all his foreign assets in the hands of private oligarchs and we'll have our hands tied behind our backs by our own noble principles.

Have the courts freeze the assets of the accused when there is that risk.

Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Saturday March 19, 2022 @04:18PM (#30737207)
I'm pretty sure the President is already authorized to sanction these oligarchs. I'm confident the QAnon members of congress and senate would be suing Biden on their behalf right now if they thought it would even be a pain in his neck. (It wouldn't be)
Re:Mariupol's devastation: AP journalists document war's toll by soraminazuki on Sunday March 20, 2022 @05:31AM (#30741305)
Mass authorization to strip one's rights without trial isn't due process and the QAnon stuff is a non-sequitur.

The OP claimed that due process is impossible, so I showed how it can work. Funding or plotting genocide would probably be a serious crime anyways, so why not have a proper trial instead of cutting corners?

A functioning justice system is the bedrock of democracy, and it's the last place where you'd want to be making shortcuts. Not only would missteps cause reputational damage for democracies, it's going to ultimately hurt you too.

Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Sunday March 20, 2022 @09:40AM (#30742517)
You are talking about situations that do not include military aggression. We do not grant foreign adversaries the privilege of petitioning our courts and we never have.
Re:Mariupol's devastation: AP journalists document war's toll by properparity on Friday March 18, 2022 @05:36PM (#30727862)
It's not worse, but then seizing a billionaires boat is also not a huge grievance in the grand scheme of things, so it's not really a thorny ethical problem.

I'm OK living in a world where elites might have higher risks of having their property rights violated during crisis times.

Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @05:55PM (#30728045)
> It's not worse, but then seizing a billionaires boat is also not a huge grievance in the grand scheme of things, so it's not really a thorny ethical problem.

If you're approaching this from a consequentialist perspective, would you also be for preemptively seizing billionaire's assets the moment they're accused of kicking a puppy or whatever? After all, it's "also not a huge grievance in the grand scheme of things, so it's not really a thorny ethical problem".

>I'm OK living in a world where elites might have higher risks of having their property rights violated during crisis times.

Sounds great in theory until one day you're declared an elite[1]. Apparently 16% of peasants were considered kulaks in 1912, although the definition was later changed by the Bolsheviks so I'm not sure how much % actually got persecuted. Regardless I'd say the typical HN reader is at a risk of being considered a kulak.

[1] https://en.wikipedia.org/wiki/Kulak#Dekulakization

Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Friday March 18, 2022 @08:16PM (#30729401)
I'd love to have enough money to be realistically called elite. That's a good problem.
Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Friday March 18, 2022 @08:15PM (#30729393)
I do consider bringing up child rapists and serial killers to be interesting. Have you heard what Russians are doing with their missiles against Ukrainian civilians?
Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Friday March 18, 2022 @08:14PM (#30729384)
No, I'm suggesting they are non-citizens as well as agents of foreign adversaries. They are not entitled to much under our laws, especially in a time of war.
Re:Mariupol's devastation: AP journalists document war's toll by gruez on Friday March 18, 2022 @08:29PM (#30729517)
"non-citizens as well as agents of foreign adversaries" sounds a lot like enemy spies. To my knowledge we still try them in court, not summarily execute them.
Re:Mariupol's devastation: AP journalists document war's toll by spacemanmatt on Saturday March 19, 2022 @10:17AM (#30733885)
Like we tried Usama bin Laden or Saddam Hussein? Good times.