To refuse to be the border is to resist locating what scares or excites you as entirely outside of yourself.
In the Warren trials, U.S. prosecutors made a slew of philosophical arguments that might be known characteristics of the nation-state but are seldom spelled out with such clarity. Iâll gesture to three of them here.
The first is that the nation-state wishes to reduce and simplify. When pressed to confirm that he is a âhigh-ranking leader in No More Deaths,â Scott paused and smiledânot because he was plotting a lie but because the government doesnât understand horizontal power structures. âHe paused,â was the U.S. governmentâs argument as to why Scottâs testimony was not credible.
Second, the nation-state relies on a myth of âcommon sense.â When asked about the spirituality that calls him to practice humanitarian aid in the desert, Scott gave an immense description of the sacredness that inheres in places where people suffer. On the spot, he defined the word âplaceâ like a practiced philosopher. In response to this carefulness and complexity, the U.S. government wielded an anti-intellectual appeal to argue that Scottâs way of speaking was âobscureâ and thus untrustworthy. In both of these instances, the state advocated a devaluation of complexity, contemplation, and carefulness.
The third is most succinctly demonstrated by the debate that took place in the courtroom around the difference between âgiving directionsâ and âorientation.â The prosecution argued Scott gave directions so that the migrants could avoid BP checkpoints, and their evidence was that, through a surveillance scope, BP agents had seen Scott âwaving his hands aroundâ toward the mountains while standing with the two men. Asked to define, as a geographer, the difference between orientation and directions Scott said: âOrientation is partly an art and partly a science, of being able to tell where you are in relation to the landscape.â His attorney argued that âorientation is just as much of a human right as food, water, and shelter. Humanitarian aid organizations around the world recognize the reality that migrants are going to migrate. No More Deathsâ mission is to reduce harm.â
From barring video evidence of recovered human remains in court, to denying individuals the right to know where they are, to arguing that we all cut off natural flows of generosity that would compel us to give water to someone directly in front of us, every argument presented by the U.S. government in United States v. Scott Daniel Warren sought to deny context. This is the final philosophical position laid bare in the Warren trials: Decontextualization is an ideological state project. Prosecutor Anna Wright said as much in her closing argument, and in so doing laid out one of the most profound ethical positions of the U.S. government: âContext [is] another fancy word for confusion.â














