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Traitors (How Congress Profits from War) May 27, 2011

Posted by rogerhollander in Democracy, War.
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‘When you’re the world’s sole superpower, and you’ve been bogged down for eight years by pismire adversaries who don’t have an air force or a navy or an army or even a defense budget, you’re not fighting a “war on terror”, you’re getting fleeced by Congress and crooked private contractors who are opposed to any “exit strategy”‘.

By Christopher Rice
(about the author)// March 27, 2011

opednews.com

In his opening statement, Gates (before Congress on March 2nd 2011) fervently appealed for funds requested by Gen. David
Petraeus for equipment to protect troops in Afghanistan. The money has been held up because it would be taken from a
project benefiting a major contributor to the committee chairman, Bill Young, R-Fa.
“Mr. Chairman, our troops need this force-protection equipment, and they need it now,” Gates pleaded. “Every day that goes
by without this equipment, the lives of our troops are at greater risk.”
He urged action “today” on the funds, admonishing: “We should not put American lives at risk to protect specific programs
or contractors.”
Gates warned that the military would “face a crisis” if Congress continues to fund the government with short-term spending
resolutions, or if it enacts the spending bill recently passed by House Republicans. (L.A. Times 3/6/2011) Gates said it
would leave the military unable “to properly carry out its mission, maintain readiness and prepare for the future.”
But the members of Congress could not function at such a high level of thought.
Gates couldn’t get the lawmakers to agree to his urgent request to shift $1.2 billion in Pentagon funds to protect soldiers’ lives in Afghanistan. He asked for the money a month before, but Young’s committee hadn’t acted.
Because Young objects to the money being taken away from the Army’s Humvee program. Never mind that the Army has more
Humvees than it wants. They are manufactured by AM General – which happens to be Young’s third-largest campaign
contributor. Its executives have funneled him more than $80,000, according to the Center for Responsive Politics.
Gates told Young that his delay was putting lives at risk, but the gentlemen from AM General was unmoved.
WHY ARE WE STILL AT WAR? FOLLOW THE MONEY….
Republican and Democratic lawmakers invested $161.3 million in companies under contract with the DoD
When you’re the world’s sole superpower, and you’ve been bogged down for eight years by pismire adversaries who don’t have an air force or a navy or an army or even a defense budget, you’re not fighting a “war on terror”, you’re getting fleeced by Congress and crooked private contractors who are opposed to any “exit strategy”.
The State Department’s inspector general says bomb-sniffing dogs used in Afghanistan and Iraq aren’t being tested properly
and may not be able to detect explosives.
The inspector general said its review found that the companies hired to supply and train the dogs weren’t testing them for
the most commonly encountered explosives, increasing the chance of a dog missing a bomb in a vehicle or luggage. That puts
U.S. lives at risk. (The Sun 10/09/2010 AP)
The companies also used expired or contaminated materials for the scent tests.
Sources:
LA TIMES 3/6/2011 Dana Milbank “Congress earns low reputation”
The Sun 10/9/2010 AP “Bomb-sniffing dog tests fall short”

Obama’s Orwellian Turn: Whistle-Blowing=Treason May 20, 2011

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy.
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05.19.11 – 11:42 AM

by Abby Zimet, www.commondreams.org

May 20, 2011

Candidate Obama championed transparency; President Obama has used the 1917 Espionage Act to preside over “the most draconian crackdown on leaks in our history,” prosecuting more national security leak cases than all previous Administrations combined. The New Yorker‘s Jane Mayer looks at the case of Thomas Drake, a GOP National Security Agency whistleblower who faces 35 years in prison for allegedly leaking information to a reporter about NSA waste and bureaucracy. To Jack Balkin, a Yale law professor, the increase in post 9/11 leak prosecutions represents “the bipartisan normalization and legitimization of a national-surveillance state.” To Drake, the turn toward secrecy is “Orwellian.”

“This was a violation of everything I knew and believed as an American. We were making the Nixon Administration look like pikers.”

Big Media’s Curious Nixon Judgment December 15, 2010

Posted by rogerhollander in Media, Vietnam, War.
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Robert Parry

www.consortiumnews.com, December 11, 2010

When Richard Nixon’s presidential library this week released tapes of him making bigoted remarks about blacks, Jews and various ethnic groups, major American news outlets jumped at the juicy details, recounting them on NBC’s Nightly News, in the New York Times and elsewhere.

Which is all well and good. It was also worth knowing that National Security Adviser Henry Kissinger, himself a German-born Jew, would express nonchalance at the prospect of the Soviet Union putting its Jewish population in gas chambers.

“The emigration of Jews from the Soviet Union is not an objective of American foreign policy,” Kissinger remarked in a taped conversation on March 1, 1973. “And if they put Jews into gas chambers in the Soviet Union, it is not an American concern. Maybe a humanitarian concern.” (Maybe?)

“I know,” President Nixon responded. “We can’t blow up the world because of it.” [See NYT, Dec. 11, 2010.]

But the Nixon-Kissinger Realpolitik wasn’t limited to such an unlikely prospect as the Soviets undertaking a Jewish extermination campaign. More shocking was the powerful evidence released two years ago by Lyndon B. Johnson’s library corroborating long-held suspicions that Nixon and Kissinger conspired to sabotage the 1968 Vietnam peace talks to ensure their ascension to power.

In that case, however, the major U.S. news media looked the other way. Except for a brief reference to an Associated Press dispatch, the New York Times and other leading news outlets apparently didn’t regard as newsworthy that Nixon and Kissinger had consigned more than 20,000 American soldiers and millions of Indochinese to their deaths in order to win an election.

By extending the Vietnam War for those four years, Nixon and Kissinger also ripped apart the social and political fabric of the United States – turning parents against their children and creating hatreds between the American Left and the Right, which continue to this day.

One might have thought that the LBJ Library’s evidence, which included a dramatic pre-election confrontation between President Johnson and then-Republican presidential candidate Nixon over what Johnson had termed Nixon’s “treason,” would be worthy of some serious attention. But none was forthcoming. (It fell to us at Consortiumnews.com to provide a detailed account of these exchanges.)

As has happened with other high-level scandals – such as the CIA’s admissions about cocaine trafficking by Ronald Reagan’s beloved Nicaraguan Contra rebels – the major U.S. news media shies away from evidence that puts the national Establishment in too harsh a light or that suggests the preeminent U.S. news organizations have missed some monumentally important story.

For the mainstream media, it’s safer to focus on the foibles of an individual like Nixon than to accept that respected members of the ruling elite in the United States are so corrupt that they would sacrifice the lives of ordinary citizens for the achievement of some political or foreign policy goal.

So, we get to learn from the new Nixon tapes that he made bigoted assertions about “abrasive and obnoxious” Jews, Irish who get “mean” drunk, Italians without “heads screwed on tight,” and blacks who would need “500 years” and have to “be, frankly, inbred” to become useful contributors to the nation.

The Peace Talk Gambit

As offensive as those remarks are, however, they pale in newsworthiness to the now unavoidable conclusion that Nixon, aided by Kissinger, struck a deal with South Vietnamese President Nguyen van Thieu in fall 1968 to block Johnson’s negotiated end to the Vietnam War.

The significance of Nixon’s “treason” was that – while 500,000 U.S. soldiers were serving in Vietnam – Nixon’s campaign assured Thieu that Nixon would, as U.S. president, continue the war to get a better deal for Thieu. That left Nixon little choice but to extend the war and expand the fighting because, otherwise, Thieu would have been in a position to expose Nixon’s treachery to the American people.

Yet, what was also stunning to me about the “treason” tapes when the LBJ library released them in December 2008 was how much Johnson knew about Nixon’s sabotage and why the Democrats chose to keep silent.

Right before Election Day 1968 – with the Paris peace talks in the balance and with Democratic nominee Hubert Humphrey closing the gap on Nixon – Johnson considered allowing the White House to confirm the facts of Nixon’s gambit to Christian Science Monitor reporter Saville Davis who had gotten wind of the story.

Johnson raised this possibility in a Nov. 4, 1968, conference call with Defense Secretary Clark Clifford and Secretary of State Dean Rusk. However, both opposed going public, with Clifford – a pillar of the Establishment – arguing that the disclosure risked national disorder.

“Some elements of the story are so shocking in their nature that I’m wondering whether it would be good for the country to disclose the story and then possibly have a certain individual [Nixon] elected,” Clifford said. “It could cast his whole administration under such doubt that I think it would be inimical to our country’s interests.”

So, instead of confirming the story, Johnson agreed to maintain his public silence. He stood by as Nixon’s narrowly won the presidential election over Humphrey by about 500,000 votes or less than one percent of the ballots cast.

Johnson’s Complaints

Still, four decades later, when the Johnson library released the audiotapes, they offered a dramatic story: an embattled president angered over intelligence intercepts that revealed emissaries from Nixon’s campaign, including right-wing China Lobby figure Anna Chennault, urging the South Vietnamese government to boycott peace talks in Paris.

Beginning in late October 1968, Johnson can be heard on the tapes complaining about this Republican maneuver. However, his frustration builds as he learns more from intercepts about the back-channel contacts between Nixon operatives and South Vietnamese officials.

On Nov. 2, 1968, just three days before the election, Thieu withdrew from his tentative agreement to sit down with the Viet Cong at the Paris peace talks. That same day, Johnson telephoned Senate Republican leader Everett Dirksen to lay out some of the evidence of Nixon’s treachery and to ask Dirksen to intervene with the Nixon campaign.

“The agent [Chennault] says she’s just talked to the boss in New Mexico and that he said that you must hold out, just hold on until after the election,” Johnson said in an apparent reference to a Nixon campaign plane that carried some of his top aides to New Mexico. “We know what Thieu is saying to them out there. We’re pretty well informed at both ends.”

Johnson then made a thinly veiled threat about going public with the information. “I don’t want to get this in the campaign,” Johnson said, adding: “They oughtn’t be doing this. This is treason.”

Dirksen responded, “I know.”

Johnson continued: “I think it would shock America if a principal candidate was playing with a source like this on a matter of this importance. I don’t want to do that [go public]. They ought to know that we know what they’re doing. I know who they’re talking to. I know what they’re saying.”

The President also stressed the stakes involved, noting that the movement toward negotiations in Paris had contributed to a lull in the war’s violence.

“We’ve had 24 hours of relative peace,” Johnson said. “If Nixon keeps the South Vietnamese away from the [peace] conference, well, that’s going to be his responsibility. Up to this point, that’s why they’re not there. I had them signed onboard until this happened.”

Dirksen: “I better get in touch with him, I think.”

“They’re contacting a foreign power in the middle of a war,” Johnson said. “It’s a damn bad mistake. And I don’t want to say so. …

“You just tell them that their people are messing around in this thing, and if they don’t want it on the front pages, they better quit it.”

Nixon’s Protestation

The next day, Nixon spoke directly to Johnson and haltingly professed his innocence, while also acknowledging that he knew how close Johnson was to negotiating an end to the war.

 “I didn’t say with your knowledge,” Johnson responded. “I hope it wasn’t.”

“Huh, no,” Nixon responded. “My God, I would never do anything to encourage … Saigon not to come to the table. … Good God, we want them over to Paris, we got to get them to Paris or you can’t have a peace.”

Nixon also insisted that he would do whatever President Johnson and Secretary Rusk wanted.

“I’m not trying to interfere with your conduct of it. I’ll only do what you and Rusk want me to do. We’ve got to get this goddamn war off the plate,” Nixon said. “The war apparently now is about where it could be brought to an end. … The quicker the better. To hell with the political credit, believe me.” [Emphasis added]

But the South Vietnamese boycott continued, leading to Johnson’s conference call about going public with the story of Republican sabotage, before he was dissuaded by Rusk and Clifford.

In the aftermath of the election, Johnson continued to confront Nixon with the evidence of Republican treachery, trying to get him to pressure the South Vietnamese leaders to reverse themselves and join the Paris peace talks.

On Nov. 8, 1968, Johnson recounted the evidence to Nixon and described the Republican motivation to disrupt the talks, speaking of himself in the third person.

“Johnson was going to have a bombing pause to try to elect Humphrey. They [the South Vietnamese] ought to hold out because Nixon will not sell you out like the Democrats sold out China,” Johnson said.

“I think they’ve been talking to [Vice President-elect Spiro] Agnew,” Johnson continued. “They’ve been quoting you [Nixon] indirectly, that the thing they ought to do is to just not show up at any [peace] conference and wait until you come into office.

“Now they’ve started that [boycott] and that’s bad. They’re killing Americans every day. I have that [story of the sabotage] documented. There’s not any question but that’s happening. … That’s the story, Dick, and it’s a sordid story. … I don’t want to say that to the country, because that’s not good.”

Faced with Johnson’s implied threat, Nixon promised to tell the South Vietnamese officials to reverse themselves and join the peace talks. However, the die was cast for more war. Thieu could not be pressured because he had the leverage over Nixon; Thieu could go public even if Johnson didn’t.

More Dead

The U.S. participation in the Vietnam War continued for more than four years (including its expansion to Cambodia) at a horrendous cost to both the United States and the people of Indochina. Before the conflict was finally brought to an end, a million or more Vietnamese were estimated to have died along with an additional 20,763 U.S. dead and 111,230 wounded.

At home, the growing resistance to the war also led to more abuses by Nixon, who routinely cited national security to justify a massive political spying operation against his enemies.

That paranoia led to the White House “plumbers unit” breaking into the Democratic National Committee at Watergate in 1972, planting bugs but eventually getting caught. The Watergate scandal led to Nixon’s resignation two years later.

However, it took almost another decade before the story of Nixon’s “treason” began to reach the American public.

Journalist Seymour Hersh sketchily described the initiative in his 1983 biography of Henry Kissinger, The Price of Power. Hersh reported that the Nixon campaign had benefited from back-channel communications from Kissinger who was working as a consultant to the Johnson administration.

U.S. intelligence “agencies had caught on that Chennault was the go-between between Nixon and his people and President Thieu in Saigon,” Hersh wrote. “The idea was to bring things to a stop in Paris and prevent any show of progress.”

Hersh noted that in her own autobiography, The Education of Anna, Chennault had acknowledged that she was the courier. She quoted Nixon aide John Mitchell (who became Nixon’s Attorney General) as calling her a few days before the 1968 election and telling her: “I’m speaking on behalf of Mr. Nixon. It’s very important that our Vietnamese friends understand our Republican position and I hope you made that clear to them.”

However, Kissinger had powerful defenders in Washington, including inside the upper echelons of the news media, people such as Ted Koppel, the host of ABC’s influential “Nightline” program, and Katharine Graham, the publisher of the Washington Post and Newsweek.

So, Hersh’s reporting came under a barrage of criticism and his account of Nixon’s 1968 peace-talk gambit was treated as a dubious conspiracy theory.

More Evidence

Gradually, however, more evidence bubbled to the surface. Reporter Daniel Schorr added some details in a Washington Post “Outlook” article on May 28, 1995, citing decoded cables that U.S. intelligence had intercepted from the South Vietnamese embassy in Washington.

On Oct. 23, 1968, Ambassador Bui Dhien cabled Saigon with the message that “many Republican friends have contacted me and encouraged me to stand firm.” On Oct. 27, he wrote, “The longer the present situation continues, the more favorable for us. … I am regularly in touch with the Nixon entourage.”

Anthony Summers’s 2000 book, The Arrogance of Power, filled in more of the blanks, including a reference to the debate within Democratic circles about what to do with the evidence.

Both Johnson and Humphrey believed the information – if released to the public – could assure Nixon’s defeat, according to Summers.

“In the end, though, Johnson’s advisers decided it was too late and too potentially damaging to U.S. interests to uncover what had been going on,” Summers wrote. “If Nixon should emerge as the victor, what would the Chennault outrage do to his viability as an incoming president? And what effect would it have on American opinion about the war?”

Summers quoted Johnson’s assistant Harry McPherson, who said, “You couldn’t surface it. The country would be in terrible trouble.”

As it turned out, however, the country was in terrible trouble anyway. Not only did the Vietnam War continue for four more years – before Kissinger negotiated a settlement along the lines of what Johnson had hammered out in 1968 – but the Republicans discovered that key Democrats would stay silent even if GOP candidates sabotaged Democratic presidents.

In 1980, faced with a similar opportunity as President Jimmy Carter struggled to resolve a crisis over Iran’s holding of 52 American hostages, Republican operatives, including Kissinger and other veterans of the 1968 gambit, interfered again. [For details on the so-called October Surprise case of 1980, see Robert Parry’s Secrecy & Privilege.]

Though much of this history about the electoral scandals of 1968 and 1980 has now been painfully pieced together, the major U.S. news media continues to look the other way, either ignoring the evidence as it emerges or disparaging those who have put the pieces together.

Apparently, it’s one thing to note that individuals within the Establishment have personal weaknesses but it’s another to question the integrity of the Establishment as a collective body. Then, the defenses come up and inconvenient history gets shoved into the memory hole.

The contrast between the coverage of Nixon’s bigoted remarks and his role in sabotaging peace talks that could have saved countless lives is further proof that the U.S. national press corps is more comfortable commenting on a politician’s flaws than on crimes of state.

[For more on these topics, see Robert Parry’s Lost History and Secrecy & Privilege, which, along with Neck Deep, are now available as a three-book set for the discount price of $29. For details, click here.]

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there.

Sullivan’s defense of presidential assassinations October 3, 2010

Posted by rogerhollander in 9/11, Africa, Barack Obama, Civil Liberties, Criminal Justice, Democracy, Human Rights, Kenya, War on Terror.
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Saturday, Oct 2, 2010 09:03 ET

By Glenn Greenwald

 

(updated below)

During the Bush-era torture debates, I was never able to get past my initial incredulity that we were even having a “debate” over whether the President has the authority to torture peopleAndrew Sullivan has responded to some of the questions I posed about his defense of Obama’s assassination program, and I realize now that throughout this whole assassination debate, specific legal and factual issues aside, my overarching reaction is quite similar:  I actually can’t believe that there is even a “debate” over whether an American President — without a shred of due process or oversight — has the power to compile hit lists of American citizens whom he orders the CIA to kill far away from any battlefield.  The notion that the President has such an unconstrained, unchecked power is such a blatant distortion of everything our political system is supposed to be — such a pure embodiment of the very definition of tyrannical power — that, no matter how many times I see it, it’s still hard for me to believe there are people willing to expressly defend it.

Moreover, it’s almost impossible to ignore how similar are the rhetoric and rationale between (a) Bush supporters who justified presidential torture and (b) Obama supporters who now justify presidential due-process-free assassinations.  Please read Daniel Larison’s argument about that, responding to Sullivan’s post.  He’s exactly right. 

The central rhetorical premise of Bush defenders was that if they just scream “Terrorist!!’ and “we’re at war!!!!” enough times, and loudly enough, then it would make basic precepts of due process, Constitutional safeguards and the rule of law disappear.  If they demonized their targets enough (this is a really bad Terrorist who wants to kill Americans, with nukes if he can!!) — or manipulatively invoked 9/11 enough times (note Andrew’s prominent display of a smoldering WTC photo strategically placed at the top of his argument) — then it would mean that anything goes, that no compliance with law is or should be required to do anything to them (a claim that always led to the unanswerable question:  if it’s really so obvious that this is a really bad Terrorist, then why not prove it in court?). 

And if you just toss enough insult-strawmen at those who insist upon basic rights even when “we’re at war!!,” then you can marginalize them to the point of invisibility (I wasn’t around in 2003 and thus never got to be accused by Andrew of being a Far-Leftist-pacifist-unwilling-to-fight-the-menace-of-Islamic-Evil, so I guess it’s nice that I’m making up for that now.  I always thought a “pacifist” was one who opposes the use of force under all circumstances, even self-defense [a view to which I do not subscribe]; I never knew that one becomes a “pacifist” by believing that the President lacks the power to order his own citizens assassinated far from any battlefield without due process).  Just read Andrew’s post to see how reliant he is on these same tactics to justify Obama’s program:  quite ironic, given how often he has had these same tactics used against him during his steadfast, eloquent opposition to torture.

In any event, I was going to address a few of Andrew’s specific claims, because some of them are factually inaccurate (I don’t believe that’s intentional, but merely the by-product of the fact that Andrew doesn’t write about the legal issues raised here very often).  And I still will do that below, but before I do:  as I was writing this, I received an email from a Kenyan lawyer, David Majanja, that so perfectly illustrates how far America has fallen on these issues of basic liberty as compared to much of the rest of the world, and what authoritarian extremists many Americans have become on these questions, that I want to feature it first. 

As Majanja noted in his email to me, Kenya faces a massive threat from terrorism.  Radicals bombed the U.S. embassy in Nairobi in 1998 and attacked an Israeli-owned tourist resort and Israeli airliner in Mombasa in 2002, and that country has repeatedly been under Terrorist threats for the last decade.  Nonetheless, consider this court decision that was just issued in Nairobi on Thursday.  A Kenyan Muslim, Mohamed Sulemein, was detained in August — without any charges or due process — by Kenyan anti-terrorism agents (the ATPU), accused of having participated in the horrific June World Cup bombings in Kampala, Uganda, which killed 74 innocent people.  He had his passport seized and was told he would be sent to Uganda without any opportunity to contest the accusations against him.  His wife filed a habeas corpus petition in a Kenyan court, demanding that “he be treated in accordance with the laws and Constitution of Kenya,” which, among other things, guarantees the right to be charged with a crime within 24 hours of arrest and not to be shipped outside the country without a hearing. 

The Kenyan Court agreed, and ruled that the due-process-free extradition of this accused Terrorist to Uganda was illegal and unconstitutional.  Just read what the court said to see what’s so profoundly absent from American political thought; this, to me, is the crux of all of these debates, including the one over presidential assassinations:

The person whose rights were denied there is accused of Terrorist acts every bit as reprehensible and dangerous as the accusations aimed at Anwar Awlaki.  His rights were denied to a far less extreme degree than what is being done to Awlaki (rendition to Uganda for trial v. being targeted for due-process-free assassination).  Kenya faces a Terrorism threat at least equal to what the U.S. faces, and several times has suffered atrocious attacks on its soil.  But they are nonetheless able to recognize that citizens “are not exempted from the ordinary protections of law” by virtue of being a Terrorism suspect, and that “the preservation of liberties [even for Terrorist suspects] is the only way to reinforce this country’s commitment to the rule of law and human rights.”  If only that recognition were equally widespread in the U.S., which still holds itself out as “the leader of the free world.”

* * * * *

As for Andrew’s specific claims:  I realize that it’s not possible for him to address every point I made and that he made a good faith effort to answer the questions I asked, but I was still disappointed to see him ignore these questions, because these are the same ones I could never get Bush supporters to answer either:  (1) would you also be comfortable with having a GOP President — such as Sarah Palin — vested with the unchecked power to order American citizens killed far from any battlefield, with no due process and no obligation to prove the accusations?; (2) Andrew says that the President does not have the right to kill American citizens on U.S. soil, but what rationale can justify that limitation once you endorse the view that the President can order citizens killed anywhere they are found via the mere accusation of Terrorism?; (3) shouldn’t the long and disturbing record of serious error and/or abuse on the part of both the Bush and Obama administrations — whereby numerous individuals, a majority, have been falsely accused of Terrorism — lead a rational person to refuse to vest faith in the President’s ability to decide who is a Terrorist without due process or oversight?; and (4) how could Bush’s oversight-free detention or eavesdropping of citizens be so dangerous, whereas Obama’s oversight-free killing of them isn’t?

Then there are several factually inaccurate assertions.  Andrew claims that Obama has “expanded judicial review of this kind of military action,” which is the only reason Awlaki’s case is in court.  The claim that these assertions of power are being reviewed by courts due to Obama’s beneficence is absolutely false; they’re in court because Obama — like Bush — has been sued for acting illegally and unconstitutionally, and Obama — like Bush — has asserted that no courts can review his conduct due to secrecy and standing (see this article from the Obama-friendly TPM site — headlined:  “Expert consensus:  Obama mimics Bush on state secrets” — to see how identical the conduct is).  Obama’s argument is the exact opposite of what Andrew claims:  it’s that courts have no right and no power to review his decisions about which citizens are assassinated. 

Then Andrew cites Ex parte Quirin [1942]  to claim that “it is utterly uncontroversial that the military can kill a US citizen abroad if he is waging a treasonous war against the United States,” but even that case — long considered quite radical and a favorite of the Yoo/Addington camp — came only after the defendants were charged in a military commission of being saboteurs, and the Supreme Court merely held that military commissions constitute sufficient due process for the offenses with which they were charged.  Here’s what the Court actually said (emphasis added):

The President, as President and Commander in Chief of the Army and Navy, by Order of July 2, 1942, appointed a Military Commission and directed it to try petitioners for offenses against the law of war and the Articles of War . . . On July 3, 1942, the Judge Advocate General’s Department of the Army prepared and lodged with the Commission the following charges against petitioners, supported by specifications: . . . The Commission met on July 8, 1942, and proceeded with the trial, which continued in progress while the causes were pending in this Court . . .As announced in our per curiam opinion we have resolved those questions by our conclusion that the Commission has jurisdiction to try the charge preferred against petitioners. . . .

We are concerned only with the question whether it is within the constitutional power of the national government to place petitioners upon trial before a military commission for the offenses with which they are charged. . . . Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. . . . We hold only that those particular acts constitute an offense against the law of war which the Constitution authorizes to be tried by military commission. 

 

Aside from the fact that these defendants were caught in the act of engaging in hostilities — not sleeping or driving in a car with their parents, as Awlaki might be doing when he’s killed — this case doesn’t remotely justify assassinating citizens without any due process, and I really hope Andrew would retract the suggestion that it does.  The whole point of Ex parte Quirin — as anyone can see — is that these defendants were given due process:  a military tribunal which the court found constitutionally adequate under the circumstances.  That’s the opposite of Obama’s due-process-free assassinations.

Then Andrew says this:

I agree that the Obama administration’s decision to shut down inspection of the evidence behind the decision to regard Awlaki as someone waging an active war against the US under “state secrets” is a step way too far. I think the president has a duty to explain in court why he believes this person must be treated as an active enemy at war with the US, and therefore treated as all such enemies in wartime as someone to be killed.

 

But this is the crux of the whole dispute.  Once one concedes this, what disagreement is left with critics of Obama’s conduct?  What Andrew says Obama has a “duty” to do — “explain in court why he believes this person must be treated as an active enemy at war with the US” — is precisely that which Obama is steadfastly refusing to do.  Rather than indict or charge Awlaki, or even respond to his lawsuit with evidence of his guilt, he’s simply asserting the right to kill him without any oversight.  Indeed, before Awlaki’s father filed suit, that’s exactly what Obama has been trying to do:  kill this American citizen without any due process whatsoever (along those lines, Andrew’s announcement that he’s “sick of the left treating Obama as if he has done nothing to change the dictatorial, illegal and indecent policies of his predecessor” is very odd, given that Andrew himself — in a post from several weeks ago which he entitled “The Untamed Prince” — called for the prosecution of Barack Obama as a war criminal, and wrote:  “Obama as executive quickly co-opted the kind of blanket secrecy and protection of the national security apparatus from the rule of law that plagued us in the Bush-Cheney administration“; those are Andrew’s words, not the words of “the left”).

But the most telling part of his response is where Andrew replies to my question about how he knows that Awlaki is actually an “Al Qaeda Terrorist” who deserves to die:

There is much public information about Awlaki, and I urge readers to go to Wiki and examine the public record and sources in detail to make their own minds up. . . . But seriously, is Glenn honestly saying that a man who has committed treason, has had multiple direct contacts with al Qaeda, including the 9/11 mass-murderers, has been directly connected with inciting American citizens to kill others in terror attacks is not, self-evidently, an al Qaeda terrorist who poses a direct and imminent threat to innocent human beings, motivated by a poisonous religious ideology that was responsible for the murder of 3,000 people on 9/11?

 

This is what we’re reduced to in America:  trial by Wikipedia.  Apparently, as long as there are enough links on your Wikipedia page to other accused Terrorists, then the President can wave his imperial wand and impose the death penalty on you.  Aside from the fact that most of what is on “Wiki” comes from unproven government accusations, and aside from the fact that it’s almost all rank guilt by association (Andrew:  “Witnesses report he was a spiritual adviser to and met with two 9/11 mass-murderers, Nawaf Al-Hazmi and Khalid Almihdhar“), this claim raises the painfully obvious question:  if the evidence is so clear and overwhelming that Awlaki is a Terrorist who deserves the death penalty, then why are Obama — and his supporters — so afraid to indict him and prove these claims in court?  That was always the quandary posed by Bush’s assertion that he could eavesdrop or detain with no judicial oversight, but was doing so only on obvious Terrorists:  if it’s so clear that they’re Terrorists, why won’t you go to court and convince a court that they’re Terrorists?

As for Andrew’s claim that Awlaki “has committed treason,” I’ll say this:  he may or may not have.  But we have this document called “the Constitution,” and it makes as clear as can be that no President has the power to simply decree that someone is guilty of that crime.  Right in Article III, Section 3, it explicitly makes clear what must be done if one is to be punished as a traitor:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

 

What possible justification exists for ignoring that Constitutional provision?  Even if we are at war, there is, manifestly, no “war exception” to the Constitution.  “War” is not, and never has been, a cognizable excuse for disregarding Constitutional guarantees — at least not in a republic that still adheres to the rule of law.

In general, the U.S. Constitution prohibits the deprivation of “life or liberty . . . without due process of law.”  But because of how serious a crime Treason is, the Constitution imposes heightened requirements on proving it in court.  It’s not something that is presidentially declared by anonymous press leaks or reading a Wikipedia page.  If the rule of law means anything, it’s that explicit Constitutional protections like this one don’t get to be swatted away by yelling “War!!!” or “Terrorist!” or by putting emotionally powerful pictures of 9/11 on your blog.  As the Kenyan judge put it: “the preservation of liberties [even for Terrorist suspects] is the only way to reinforce this country’s commitment to the rule of law.”  If you’re willing to vest the President with the power to order your fellow citizens murdered as a Traitor without a shred of due process, then, by definition, you simply do not believe in these core principles.

UPDATE:  In response to numerous reader emails, Andrew posts a couple more brief thoughts on all of this here.

Also worth reading on this:  (1) Harper‘s Scott Horton, who says he originally thought the objections of civil libertarians in the Awlaki case were overblown, but has now concluded — in light of the Obama DOJ’s brief — that the Obama program is the embodiment of “tyranny”:  “When the executive claims the power to take the life of a citizen without recourse to law and legal process, and seeks to sustain that under vague claims of commander-in-chief authority, that claim is in its essence tyrannical”; and (2) former CIA officer and current novelist Barry Eisler, who examines other dubious claims made by Sullivan in defense of Obama’s program.

 

Supreme Act Of Judicial Treason Against The People Of The United States, And What We Can And Must Do About It January 24, 2010

Posted by rogerhollander in Democracy, Political Commentary.
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Because of the gravity of the crime against the Constitution committed by a gang of 5 right wing judicial outlaws on our Supreme Court yesterday, we are launching two critical action pages at once

Action Page: Corporations Are NOT The People http://www.peaceteam.net/action/pnum1029.php

Action Page: Impeach The Supreme Court 5 http://www.peaceteam.net/action/pnum1030.php

By any fair legal definition, the decision yesterday by The Supreme Court 5 constitutes nothing less than an act of TREASON against the people of the United States. Having read and analyzed the entire 183 page decision and all of its concurring and dissenting opinions ourselves, we are fully prepared to support this accusatory conclusion.

Having so grossly abused its jurisdiction by presuming to decide a question expressly WAIVED by the petitioner in the Court below (p 12), this rogue Supreme Court ruled for the FIRST time that NO corporation can be constrained from unlimited influence over our elections. And even assuming that the Court intended the decision to only apply to American corporations, the Court expressly DECLINED (pp 46-47) to reach the question of whether foreign ownership stakes in American corporations should likewise be given carte blanche to put their thumbs on the scales of our democracy.

Thus, until Congress FURTHER acts (and it must, though it could not have escaped the attention of The Supreme Court 5 that the current Republican minority has vowed to obstruct ANYTHING of consequence that Congress might try to pass), there is now nothing to constrain foreign nationals, even our most sworn enemies, from usurping what even the most die hard Tea Bagger takes as an article of faith, that the rights of citizenship of this country are ONLY for Americans. This must be construed, within the four corners of our Constitution, as deliberately and knowingly exposing the United States of America to harm in the interim, by giving “aid and comfort” to our enemies (Constitution Article 3, section 3), should our enemies now wish to take advantage of this unprecedented and rash decision. In simple Constitutional terms . . treason!!

The fact is that we now live in a world of giant transnational corporations, with allegiance to NO sovereign government, let alone our own, sworn only to exploit the most vulnerable and desperate workers they can find in any country of the world. How does The Supreme Court 5 propose parsing which of these extra-national legal artificialities should be allowed to corrupt our democratic election process? Apparently in their minds, all of them.

Action Page: Corporations Are NOT The People http://www.peaceteam.net/action/pnum1029.php

So what is it that we can and MUST do? The first and most prominent proposal we heard yesterday, and which we of course support, was to amend the Constitution to clarify that corporations have no such rights as people (which is to say U.S. citizens). While this certainly could not hurt, and would obviously help (assuming such a proposed amendment could garner 67 votes in a Senate already stalemated by obstructionism, let alone be ratified by 3/4 of the states, including many “red” ones), what we must first assert is that there is nothing WRONG with our Constitution, and demand that Congress do whatever it can to protect it.

Action Page: Impeach The Supreme Court 5 http://www.peaceteam.net/action/pnum1030.php

Because just as importantly, we are on ominous and clear notice that there is no further outrage these 5 gangsters in black robes are not gleefully and arrogantly capable of. Indeed, in his dissenting opinion (that the majority did not go far ENOUGH), Clarence Thomas characterized the decision as only a “first step” (Thomas opinion p. 1). It is worth noting that the authorship of the majority opinion is claimed by Anthony M. Kennedy, heretofore generally considered the LEAST wing nutty of the 5. Therefore, the immediate and unavoidably necessary recourse must be impeachment for all five, treason already being a high crime, otherwise the horrors yet to issue from their treacherous minds is too terrible to contemplate.

NEW FOUR COLOR BUMPER STICKERS

We will have much more to say on all this in subsequent alerts to follow shortly, but for now we are making available for no charge (not even shipping) your choice of one of two absolutely gorgeous full 4 color process bumper stickers. Take a “Corporations Are NOT The People” bumper sticker, OR a “Impeach The Supreme Court 5″ bumper sticker for free. Of course if you can make a contribution (or if you want both), please DO contribute what you can, which is what allows us to send these out for free to anyone who cannot make a donation right now.

You can request your bumper sticker from the return page after you submit either of the action pages above. Or you can do directly to this page and get them there.

Bumper Stickers for no charge: http://www.peaceteam.net/bumper_stickers.php

Facebook participants can also submit the action pages at

Corporations Are Not The People: http://apps.facebook.com/fb_voices/action.php?qnum=pnum1029

Impeach The Supreme Court 5: http://apps.facebook.com/fb_voices/action.php?qnum=pnum1030

And on Twitter, just send the following Twitter reply for the Corporations Are Not The People action

@cxs #p1029

And this Twitter reply for the Impeach The Supreme Court 5 action

@cxs #p1030

Please take action NOW, so we can win all victories that are supposed to be ours, and forward this alert as widely as possible.

If you would like to get alerts like these, you can do so at http://www.millionfaxmarch.com/in.htm

The Christmas Truce of 1914 December 25, 2009

Posted by rogerhollander in History, Peace, War.
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by: Paul J. Magnarella, t r u t h o u t | Report

photo
Christmas truce memorial. (Image: eyeSPIVE / flickr)

Although World War I ranks as one of the most horrific in history, causing about 40 million casualties and up to 20 million military and civilian deaths, it also included a famous and spontaneous peaceful interlude inscribed in chronicles as the unofficial Christmas truce of 1914.

World War I

The assassination of Archduke Franz Ferdinand, heir to the Austro-Hungarian throne, by a Bosnian Serb in Sarajevo on 28 June 1914, plunged much of Europe into war. The Entente Powers of France, Russia and Britain stood against the Central Powers of the Austro-Hungarian, German and Ottoman Empires. In mid-September, the German, British and French commands ordered their armies to entrench along a 475-mile Western Front that extended from the North Sea to the Swiss frontier. Four years of brutal, stalemated trench warfare followed. Most trenches were about seven feet deep and six feet wide, topped by a parapet of sandbags. From there, barbed wire entanglements extended into no man’s land. In many places, the no man’s land separating German and British front-line trenches was only 30 to 70 yards wide.

The elements were sometimes more debilitating than the enemy. Standing in the mud and water for days often resulted in feet becoming gangrenous. Excessive exposure to wet and cold caused nephritis, which affected the kidneys. The accumulated rubbish, urine and excreta in the trenches negatively impacted on health. Food scraps and decaying corpses attracted huge numbers of disease-carrying rats. The unwashed men attracted lice that covered their bodies with bite marks and caused “trench fever.” Artillery bursts caused some men to experience shell shock.

Periodically, the aristocratic generals (safely lodged in the rear) ordered the mostly lower-class men in the trenches to make suicidal frontal assaults on enemy trenches. Machine guns and rapid fire rifles simply mowed down attacking men in no man’s land, where their bodies often remained for weeks in a decaying state. The generals never devised a sensible plan to break the cruel stalemate that trench warfare became.

On Christmas Eve, the weather cleared. Rain gave way to a clear cold that froze the mud and water, making movement easier and boots and clothing drier. Having received gift packages from home, the men of both sides were in a festive mood. That evening, along the front line, German troops sang Christmas carols. Many erected candle-lit Christmas trees on their parapets and called out season greetings to their enemies opposite them. Many Entente troops responded with applause, holiday wishes and songs of their own. Concerned, one British battalion command informed Brigade Headquarters: “Germans have illuminated their trenches, are singing songs, and are wishing us a Happy Xmas. Compliments are being exchanged, but [I] am nevertheless taking all military precautions …”

Then, an amazing series of events occurred. Along parts of the British, French and Belgian lines, men from both sides went out into no man’s land unarmed to meet, shake hands and fraternize. The First Battalion Royal Irish Rifles reported Germans calling out: “If you Englishmen come out and talk to us, we won fire.” Scotsmen in Flanders, the 2nd Queen’s Battalion near La Chapelle d’ Armentieres, and the 2nd Battalion Royal Welsh Fusiliers also reported Germans singing “Stille Nacht” (“Silent Night”) and extending invitations to meet in no man’s land.

Christmas Day

On the morning of 25 December, the 2nd Battalion Devons reported seeing the Germans hoist a board with the words, “You no fight, we no fight.” Opposite the 2nd Battalion Border Regiment, the process began with a German officer emerging from his trench waving a white flag. The 2nd Battalion Wiltshires reported men on both sides waving to each other, and then going out into no man’s land to meet unarmed. After initial greetings, both sides agreed to bury their dead comrades, who had been laying in no man’s land for weeks. Some Germans and British worked together in burial parties; a British soldier described a joint funeral service as “a sight one will never forget!” Members of the British Rifle Brigade gave the Germans wooden crosses to mark their graves.

The opposing sides exchanged food, drink, cigarettes, photographs, addresses and sincere wishes for peace. A British officer found the scene “absolutely astounding!” The troops found each other to be quite likable. Many men felt compelled to write home about their experience. A London Rifles Brigade officer: “They [Germans] were really magnificent in the whole thing…. I now have a very different opinion of the Germans.” A Scots Guard: “Some of them are very nice fellows and did not show any hatred, which makes me think they are forced to fight.”

Once no man’s land had been cleared of corpses, some men found areas suitable for soccer games with improvised balls. In places, British and Germans ate Christmas dinner together, sharing whatever they had. They entertained each other with singing and instrumental music.

How It Ended

Many who participated in an informal truce hoped to continue it until New Year’s Day or beyond. But the high commands sternly objected. A German Army order threatened that fraternization with the enemy would be punished as high treason. A British order warned that “Officers and NCOs allowing [fraternization] would be brought before a court martial.” In late December, the high commands ordered artillery bombardments along the front. They did the same in following years to ensure that the 1914 Christmas truce would not be repeated. Despite these measures, a few friendly encounters did occur, but on a much smaller scale than in 1914.

Soldiers Express Themselves

The Christmas truce touched the men deeply as evidenced in their letters and diaries. Various British soldiers wrote the following: “The most wonderful day on record!” “The most extraordinary celebration of Christmas any of us will ever experience!” “This experience has been the most practical demonstration I have seen of Peace on earth and goodwill towards men.”

German troops wrote: “The way we spend Christmas in the trenches sounds almost like a fairy tale.” “It was a Christmas celebration in keeping with the command ‘Peace on earth’ and a memory which will stay with us always.” “Probably the most extraordinary event of the whole year “a soldier’s truce without any higher sanction by officers or generals.”

Speaking in the House of Commons in 1930, Sir H. Kingsley Wood, a former major who had served at the front in 1914 stated: “If we had been left to ourselves there would never have been another shot fired. “It was only the fact that we were being controlled by others that made it necessary for us to start trying to shoot one another again.”

Today, the Christmas truce of 1914 is regarded as evidence of men’s natural desire for peace and friendship, even in the context of a brutal and senseless conflict. However, the 1914 Christmas truce is not unique in history. During the early 19th century, Peninsula War, British and French soldiers at times visited each other, shared rations and played cards. Periodically, during the 1854-56 Crimean War, French, British and Russian troops gathered around the same fire to smoke and drink together. In the American Civil War (1880-81), Yankees and Rebels traded coffee and tobacco and peacefully fished from opposite sides of the same rivers. Throughout history, it has been rare for men fighting at close quarters not to extend friendly gestures and establish informal truces with their enemies.

Do the Secret Bush Memos Amount to Treason? Top Constitutional Scholar Says Yes March 26, 2009

Posted by rogerhollander in Criminal Justice, Torture.
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Legal expert Michael Ratner calls the legal arguments made in the infamous Yoo memos, “Fuhrer’s law.”

By Naomi Wolf, AlterNet. Posted March 25, 2009.

In early March, more shocking details emerged about George W. Bush legal counsel John Yoo’s memos outlining the destruction of the republic.

The memos lay the legal groundwork for the president to send the military to wage war against U.S. citizens; take them from their homes to Navy brigs without trial and keep them forever; close down the First Amendment; and invade whatever country he chooses without regard to any treaty or objection by Congress.

It was as if Milton’s Satan had a law degree and was establishing within the borders of the United States the architecture of hell.

I thought this was — and is — certainly one of the biggest stories of our lifetime, making the petty burglary of Watergate — which scandalized the nation — seem like playground antics. It is newsworthy too with the groundswell of support for prosecutions of Bush/Cheney crimes and recent actions such as Canadian attorneys mobilizing to arrest Bush if he visits their country.

The memos are a confession. The memos could not be clearer: This was the legal groundwork of an attempted coup. I expected massive front page headlines from the revelation that these memos exited. Almost nothing. I was shocked.

As a non-lawyer, was I completely off base in my reading of what this meant, I wondered? Was I hallucinating?

Astonished, I sought a reality check — and a formal legal read — from one of the nation’s top constitutional scholars (and most steadfast patriots), Michael Ratner of the Center for Constitutional Rights, which has been at the forefront of defending the detainees and our own liberties.

Here is our conversation:

Naomi Wolf: Michael, can you explain to a layperson what the Yoo memos actually mean?’

Michael Ratner: What they mean is that your book looks moderate in respect to those issues now. This — what is in the memos — is law by fiat.

I call it “Fuhrer’s law.” What those memos lay out means the end of the system of checks and balances in this country. It means the end of the system in which the courts, legislature and executive each had a function and they could check each other.

What the memos set out is a system in which the president’s word is law, and Yoo is very clear about that: the president’s word is not only law according to these memos, but no law or constitutional right or treaty can restrict the president’s authority.

What Yoo says is that the president’s authority as commander in chief in the so-called war on terror is not bound by any law passed by Congress, any treaty, or the protections of free speech, due process and the right to be free from unreasonable searches and seizures. The First, Fourth and Fifth amendments — gone.

What this actually means is that the president can order the military to operate in the U.S. and to operate without constitutional restrictions. They — the military –  can pick you or me up in the U.S. for any reason and without any legal process. They would not have any restrictions on entering your house to search it, or to seize you. They can put you into a brig without any due process or going to court. (That’s the Fourth and Fifth amendments.)

The military can disregard the Posse Comitatus law, which restricts the military from acting as police in the the United States. And the president can, in the name of wartime restrictions, limit free speech. There it is in black and white: we are looking at one-person rule without any checks and balances — a lawless state. Law by fiat.

Who has suspended the law this way in the past? It is like a Caesar’s law in Rome; a Mussolini’s law in Italy; a Fuhrer’s law in Germany; a Stalin’s law in the Soviet Union. It is right down the line. It is enforcing the will of the dictator through the military.

NW: The mainstream media have virtually ignored these revelations, though it seems to me this is the biggest news since Pearl Harbor.

MR: I think that’s right. We had a glimmering of the blueprint for some of this — when they picked up Jose Padilla, the military went to a prison and snatched an American citizen as if they had a perfect right to do so.

Now we can see that these memos laid the legal groundwork for such actions. We knew the military could do this to an individual. We did not know the plan was to eliminate First Amendment constitutional rights for the entire population.

NW: If Bush only wanted these powers in order to prosecute a war on terror, why does he need to suspend the First Amendment? Isn’t that the smoking gun of a larger intention toward the general population?

MR: Part of this plan was actually implemented: for instance, they tried to keep people like Padilla from getting to a magistrate. They engaged in the wiretapping, because according to these memos there was no Fourth Amendment.

They had to be planning some kind of a takeover of the United States to be saying they could simply abolish the First Amendment if the president believed it was necessary in the name of national security. It lays the groundwork for what could have been a massive military takeover of the United States.

Here they crept right up and actually implemented part of the plan, with Padilla, with the warrantless wiretapping. Yet they are saying in the White House and in Congress that it is looking backward to investigate the authors of these memos and those who instructed Yoo and others to write them.

But investigation and prosecutions are really looking forward — to say we need the deterrence of prosecution so this does not happen again.

NW: What about the deployment of three brigades in the U.S.? How should we read that?’

MR: With terrorism as less of a concern to many, but now with the economy in tatters there is a lot more militant activism in U.S. — the New School and NYU student takeovers, protests around the country and strikes are just the beginning. I think governments are now concerned over people’s activism, and people’s anger at their economic situation. I don’t think those brigades can be detached from the idea that there might well be a huge amount of direct-action protest in the U.S.

There could have also been a closer election that could have been stolen easily and then a huge protest. Those troops would have been used to enforce the will of the cabal stealing the election.

NW: As a layperson, I don’t fully understand what powers the memos actually manifest. Are they theoretical or not just theoretical? What power did the memos actually give Bush?

MR: They were probably, in fact almost for sure, written in cahoots with the administration — [Karl] Rove, [Dick] Cheney — to give them legal backing for what they planned or wanted to carry out.

What I assume happened here is people like Cheney or his aides go to the Office of Legal Counsel and say, “We are going to need legal backing, to give a face of legality to what we are doing and what we are planning.” When the president then signs a piece of paper that says, “OK, military, go get Jose Padilla,” these memos give that order a veneer of legality.

If you are familiar with the history of dictators, coups and fascism (as I know you are), they (the planners) prefer a veneer of legality. Hitler killed 6 million Jews with a veneer of legality — getting his dictatorial powers through the Reichstag and the courts.

These memos gave the Bush administration’s [lawless] practices the veneer of legality.

NW: So are you saying that these memos actually created a police state that we did not know about?

MR: If you look at police state as various strands of lawlessness, we knew about some of this lawlessness even before this latest set of memos.

But the memos revealed how massive the takeover of our democracy was to be — that this wasn’t just going to be a few individuals here or there who suffered the arrows of a police state.

These memos lay the groundwork for a massive military takeover of the United States in cahoots with the president. And if that’s not a coup d’etat then, nothing is.

NW: Can I ask something? I keep thinking about the notion of treason. In America now, people tend to read the definition of treason in the Constitution as if they are thinking of a Tokyo Rose or an American citizen acting as an agent for an enemy state — very much a World War II experience of the traitor to one’s country.

But I’ve been reading a lot of 16th and 17th century history, and it seems to me that the founders were thinking more along the lines of English treason of that era — small groups of Englishmen, usually nobility, who formed cabals and conspired with one another to buy or recruit militias to overthrow the crown or Parliament.

The notion that a group might conspire in secret to overthrow the government is not a wild, marginal concept, it is a substantial part of European, and especially British, Renaissance and Reformation-era history and would have been very much alive in the minds of the Enlightenment-era founders. (I just visited the Tower of London where this was so frequent a charge against groups of English subjects that there is a designated Traitor’s Gate.)

So clearly you don’t have to act on behalf of another state to commit treason. The Constitution defines it as levying war against the United States or giving aid and comfort to its enemies. It says nothing about the enemy having to be another state.

When the Constitution was drafted, the phrase “United States” barely referred to a singular country; it referred to a new federation of many united states. They imagined militias rising up against various states; it was not necessarily nation against nation.

Surely, when we have evidence Bush prepared the way to allow the military to imprison or shoot civilians in the various states and created law to put his own troops over the authority of the governors and the national guard of the various states, and when the military were sent to terrorize protesters in St. Paul, [Minn.], Bush was levying war in this sense against the united states?

Hasn’t Bush actually levied war against Minnesota? And if our leaders and military are sworn to protect and defend the Constitution, and there is clear evidence now that Bush and his cabal intended to do away with it, are they not our enemies and giving aid and comfort to our enemies? Again, “enemy” does not seem to me to be defined in the Constitution as another sovereign state.

MR: You are right. Treason need not involve another state. Aaron Burr was tried for treason. I do think that a plan to control the military, use it in the United States contrary to law and the Constitution and employ it to levy a war or takeover that eliminates the democratic institutions of the country constitutes treason, even if done under the president of the United States.

The authority given by these memos that could be used to raid every congressional office, raid and search every home, detain tens of thousands, would certainly fit a definition of treason.

This would be the president making war against the institutions of the United States.

Naomi Wolf is the author of Give Me Liberty (Simon and Schuster, 2008), the sequel to the New York Times best-seller The End of America: A Letter of Warning to a Young Patriot (Chelsea Green, 2007).

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