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Why No Outcry Over These Torturing Tyrants? May 14, 2011

Posted by rogerhollander in Israel, Gaza & Middle East.
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Published on Saturday, May 14, 2011 by The Independent/UK

 

Christopher Hill, a former US secretary of state for east Asia who was ambassador to Iraq – and usually a very obedient and un-eloquent American diplomat – wrote the other day that “the notion that a dictator can claim the sovereign right to abuse his people has become unacceptable”.The King of Bahrain has so far avoided the criticism of Western leaders. And why is that? (Reuters )

Unless, of course – and Mr Hill did not mention this – you happen to live in Bahrain. On this tiny island, a Sunni monarchy, the al-Khalifas, rule a majority Shia population and have responded to democratic protests with death sentences, mass arrests, the imprisonment of doctors for letting patients die after protests and an “invitation” to Saudi forces to enter the country. They have also destroyed dozens of Shia mosques with all the thoroughness of a 9/11 pilot. But then, let’s remember that most of the 9/11 killers were indeed Saudis.

And what do we get for it? Silence. Silence in the US media, largely silence in the European press, silence from our own beloved CamerClegg and of course from the White House. And – shame of shame – silence from the Arabs who know where their bread is buttered. That means, of course, also silence from al-Jazeera. I often appear on their otherwise excellent Arabic and English editions, but their failure to mention Bahrain is shameful, a dollop of shit in the dignity that they have brought to reporting in the Middle East. The Emir of Qatar – I know him and like him very much – does not need to belittle his television empire in this way.

CamerClegg is silent, of course, because Bahrain is one of our “friends” in the Gulf, an eager arms buyer, home to thousands of Brit expatriates who – during the mini-revolution by Bahrain’s Shia – spent their time writing vicious letters to the local pro-Khalifa press denouncing Western journalists. And as for the demonstrators, I recall a young Shia woman telling me that if only the Crown Prince would come to the Pearl Roundabout and talk with the protesters, they would carry him on their shoulders around the square. I believed her. But he didn’t come. Instead, he destroyed their mosques and claimed the protests were an Iranian plot – which was never the case – and destroyed the statue of the pearl at the roundabout, thus deforming the very history of his own country.

Obama, needless to say, has his own reasons for silence. Bahrain hosts the US Fifth Fleet and the Americans don’t want to be shoved out of their happy little port (albeit that they could up-sticks and move to the UAE or Qatar anytime they wish) and want to defend Bahrain from mythical Iranian aggression. So you won’t find La Clinton, so keen to abuse the Assad family, saying anything bad about the al-Khalifas. Why on earth not? Are we all in debt to the Gulf Arabs? They are honourable people and understand when criticism is said with good faith. But no, we are silent. Even when Bahraini students in Britain are deprived of their grants because they protested outside their London embassy, we are silent. CamerClegg, shame on you.

Bahrain has never had a reputation as a “friend” of the West, albeit that is how it likes to be portrayed. More than 20 years ago, anyone protesting the royal family’s dominance risked being tortured in the security police headquarters. The head of it was a former British police Special Branch officer whose senior torturer was a pernicious major in the Jordanian army. When I published their names, I was rewarded with a cartoon in the government newspaper Al-Khaleej which pictured me as a rabid dog. Rabid dogs, of course, have to be exterminated. It was not a joke. It was a threat.

The al-Khalifas have no problems with the opposition newspaper, Al-Wasat, however. They arrested one of its founders, Karim Fakhrawi, on 5 April. He died in police custody a week later. Ten days later, they arrested the paper’s columnist, Haidar Mohamed al-Naimi. He has not been seen since. Again, silence from CamerClegg, Obama, La Clinton and the rest. The arrest and charging of Shia Muslim doctors for letting their patients die – the patients having been shot by the “security forces”, of course – is even more vile. I was in the hospital when these patients were brought in. The doctors’ reaction was horror mixed with fear – they had simply never seen such close-range gunshot wounds before. Now they have been arrested, doctors and patients taken from their hospital beds. If this was happening in Damascus, Homs or Hama or Aleppo, the voices of CamerClegg, and Obama and La Clinton would be ringing in our ears. But no. Silence. Four men have been sentenced to death for killing two Bahraini policemen. It was a closed military court. Their “confessions” were aired on television, Soviet-style. No word from CamerClegg or Obama or La Clinton.

What is this nonsense? Well, I will tell you. It has nothing to do with the Bahrainis or the al-Khalifas. It is all about our fear of Saudi Arabia. Which also means it is about oil. It is about our absolute refusal to remember that 9/11 was committed largely by Saudis. It is about our refusal to remember that Saudi Arabia supported the Taliban, that Bin Laden was a Saudi, that the most cruel version of Islam comes from Saudi Arabia, the land of head-choppers and hand-cutters. It is about a conversation I had with a Bahraini official – a good and decent and honest man – in which I asked him why the Bahraini prime minister could not be elected by a majority Shia population. “The Saudis would never permit it,” he said. Yes, our other friends. The Saudis.

© 2011 The Independent

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Robert Fisk

Robert Fisk is Middle East correspondent for The Independent newspaper.  He is the author of many books on the region, including The Great War for Civilisation: The Conquest of the Middle East

Democracy in America Is a Useful Fiction January 25, 2010

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Published on Monday, January 25, 2010 by TruthDig.comby Chris Hedges

Corporate forces, long before the Supreme Court’s decision in Citizens United v. Federal Election Commission, carried out a coup d’état in slow motion. The coup is over. We lost. The ruling is one more judicial effort to streamline mechanisms for corporate control. It exposes the myth of a functioning democracy and the triumph of corporate power. But it does not significantly alter the political landscape. The corporate state is firmly cemented in place.

The fiction of democracy remains useful, not only for corporations, but for our bankrupt liberal class. If the fiction is seriously challenged, liberals will be forced to consider actual resistance, which will be neither pleasant nor easy. As long as a democratic facade exists, liberals can engage in an empty moral posturing that requires little sacrifice or commitment. They can be the self-appointed scolds of the Democratic Party, acting as if they are part of the debate and feel vindicated by their cries of protest.

Much of the outrage expressed about the court’s ruling is the outrage of those who prefer this choreographed charade. As long as the charade is played, they do not have to consider how to combat what the political philosopher Sheldon Wolin calls our system of “inverted totalitarianism.”

Inverted totalitarianism represents “the political coming of age of corporate power and the political demobilization of the citizenry,” Wolin writes in “Democracy Incorporated.” Inverted totalitarianism differs from classical forms of totalitarianism, which revolve around a demagogue or charismatic leader, and finds its expression in the anonymity of the corporate state. The corporate forces behind inverted totalitarianism do not, as classical totalitarian movements do, boast of replacing decaying structures with a new, revolutionary structure. They purport to honor electoral politics, freedom and the Constitution. But they so corrupt and manipulate the levers of power as to make democracy impossible.

Inverted totalitarianism is not conceptualized as an ideology or objectified in public policy. It is furthered by “power-holders and citizens who often seem unaware of the deeper consequences of their actions or inactions,” Wolin writes. But it is as dangerous as classical forms of totalitarianism. In a system of inverted totalitarianism, as this court ruling illustrates, it is not necessary to rewrite the Constitution, as fascist and communist regimes do. It is enough to exploit legitimate power by means of judicial and legislative interpretation. This exploitation ensures that huge corporate campaign contributions are protected speech under the First Amendment. It ensures that heavily financed and organized lobbying by large corporations is interpreted as an application of the people’s right to petition the government. The court again ratified the concept that corporations are persons, except in those cases where the “persons” agree to a “settlement.” Those within corporations who commit crimes can avoid going to prison by paying large sums of money to the government while, according to this twisted judicial reasoning, not “admitting any wrongdoing.” There is a word for this. It is called corruption.

Corporations have 35,000 lobbyists in Washington and thousands more in state capitals that dole out corporate money to shape and write legislation. They use their political action committees to solicit employees and shareholders for donations to fund pliable candidates. The financial sector, for example, spent more than $5 billion on political campaigns, influence peddling and lobbying during the past decade, which resulted in sweeping deregulation, the gouging of consumers, our global financial meltdown and the subsequent looting of the U.S. Treasury. The Pharmaceutical Research and Manufacturers of America spent $26 million last year and drug companies such as Pfizer, Amgen and Eli Lilly kicked in tens of millions more to buy off the two parties. These corporations have made sure our so-called health reform bill will force us to buy their predatory and defective products. The oil and gas industry, the coal industry, defense contractors and telecommunications companies have thwarted the drive for sustainable energy and orchestrated the steady erosion of civil liberties. Politicians do corporate bidding and stage hollow acts of political theater to keep the fiction of the democratic state alive.

There is no national institution left that can accurately be described as democratic. Citizens, rather than participate in power, are allowed to have virtual opinions to preordained questions, a kind of participatory fascism as meaningless as voting on “American Idol.” Mass emotions are directed toward the raging culture wars. This allows us to take emotional stands on issues that are inconsequential to the power elite.

Our transformation into an empire, as happened in ancient Athens and Rome, has seen the tyranny we practice abroad become the tyranny we practice at home. We, like all empires, have been eviscerated by our own expansionism. We utilize weapons of horrific destructive power, subsidize their development with billions in taxpayer dollars, and are the world’s largest arms dealer. And the Constitution, as Wolin notes, is “conscripted to serve as power’s apprentice rather than its conscience.”

“Inverted totalitarianism reverses things,” Wolin writes. “It is politics all of the time but a politics largely untempered by the political. Party squabbles are occasionally on public display, and there is a frantic and continuous politics among factions of the party, interest groups, competing corporate powers, and rival media concerns. And there is, of course, the culminating moment of national elections when the attention of the nation is required to make a choice of personalities rather than a choice between alternatives. What is absent is the political, the commitment to finding where the common good lies amidst the welter of well-financed, highly organized, single-minded interests rabidly seeking governmental favors and overwhelming the practices of representative government and public administration by a sea of cash.” 

Hollywood, the news industry and television, all corporate controlled, have become instruments of inverted totalitarianism. They censor or ridicule those who critique or challenge corporate structures and assumptions. They saturate the airwaves with manufactured controversy, whether it is Tiger Woods or the dispute between Jay Leno and Conan O’Brien. They manipulate images to make us confuse how we are made to feel with knowledge, which is how Barack Obama became president. And the draconian internal control employed by the Department of Homeland Security, the military and the police over any form of popular dissent, coupled with the corporate media’s censorship, does for inverted totalitarianism what thugs and bonfires of books do in classical totalitarian regimes.

“It seems a replay of historical experience that the bias displayed by today’s media should be aimed consistently at the shredded remains of liberalism,” Wolin writes. “Recall that an element common to most 20th century totalitarianism, whether Fascist or Stalinist, was hostility towards the left. In the United States, the left is assumed to consist solely of liberals, occasionally of ‘the left wing of the Democratic Party,’ never of democrats.”

Liberals, socialists, trade unionists, independent journalists and intellectuals, many of whom were once important voices in our society, have been silenced or targeted for elimination within corporate-controlled academia, the media and government. Wolin, who taught at Berkeley and later at Princeton, is arguably the country’s foremost political philosopher. And yet his book was virtually ignored. This is also why Ralph Nader, Dennis Kucinich and Cynthia McKinney, along with intellectuals like Noam Chomsky, are not given a part in our national discourse.

The uniformity of opinion is reinforced by the skillfully orchestrated mass emotions of nationalism and patriotism, which paints all dissidents as “soft” or “unpatriotic.” The “patriotic” citizen, plagued by fear of job losses and possible terrorist attacks, unfailingly supports widespread surveillance and the militarized state. This means no questioning of the $1 trillion in defense-related spending. It means that the military and intelligence agencies are held above government, as if somehow they are not part of government. The most powerful instruments of state power and control are effectively removed from public discussion. We, as imperial citizens, are taught to be contemptuous of government bureaucracy, yet we stand like sheep before Homeland Security agents in airports and are mute when Congress permits our private correspondence and conversations to be monitored and archived. We endure more state control than at any time in American history. 

The civic, patriotic and political language we use to describe ourselves remains unchanged. We pay fealty to the same national symbols and iconography. We find our collective identity in the same national myths. We continue to deify the Founding Fathers. But the America we celebrate is an illusion. It does not exist. Our government and judiciary have no real sovereignty. Our press provides diversion, not information. Our organs of security and power keep us as domesticated and as fearful as most Iraqis. Capitalism, as Karl Marx understood, when it emasculates government, becomes a revolutionary force. And this revolutionary force, best described as inverted totalitarianism, is plunging us into a state of neo-feudalism, perpetual war and severe repression. The Supreme Court decision is part of our transformation by the corporate state from citizens to prisoners.

© 2010 TruthDig.com

Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America.  His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle

Barack Obama, Iraq and the Big Lie March 1, 2009

Posted by rogerhollander in About Barack Obama, About War, Barack Obama, Iraq and Afghanistan, War.
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By Roger Hollander, March 1, 2009, www.rogerhollander.wordpress.com

 

“Don’t piss on me and try to tell me it’s raining”

Judge Judy

 

Does it matter whether it is a moral and intellectual imbecile like George W. Bush or a brilliant and charismatic intellectual like Barack Obama who employ the Big Lie as a tactic to explain and justify the unjustifiable?

In a posting that appeared in towardfreedom.com on February 18, Joel S. Hirschhorn writes, “Compared to rioting Europeans, Americans seem like docile, drugged out sheep … mesmerized by melodic rhetoric of political messiah Barack Obama.”

(http://towardfreedom.com/home/content/view/1529/1/) (italics added)

 

In an ironic and tragic twist of fate, it now appears that Barack Obama’s mesmerizing and melodic rhetoric has turned out to be a two-edged sword.  The same magic timbre that inspired and motivated millions of America to work day and night for his election in order to end America’s disastrous military adventures in the Middle East is now being put to use to give credibility to the Bush/Cheney worldview of the Iraq War and to thwart the desires, interests and welfare of those very same millions.  The delivery hasn’t changed, but God help us, look at the content (which is what this article is all about).

 

In an article entitled “War Is Over (IF You Want It)” that appears in the current edition of The Nation magazine (http://www.thenation.com/doc/20090316/alterman), Eric Alterman calls attention to the radical Republican right strategy of defining the fiasco in Iraq as a “victory.”  He cites, for example, an editorial that appeared in the Wall Street Journal that quotes Bush speech writer Marc Thiessen, “As Mr. Bush leaves office, Iraq is a unified and free country, and our enemies there have suffered a devastating defeat. If his successor does not squander that victory, a free Iraq will one day be to the Middle East what a free South Korea has been to Asia.”  (this parallels the same kind of Big Lie that the radical right has propagated about the Vietnam War, that it could have been won if only the politicians had given the military a free hand – to nuke Hanoi presumably).

 

Alterman goes on to cite other neocons in a similar vein and suggests that this is a conscious and concentrated strategy the purpose of which is to set up President Obama up for failure.  If that is indeed the case, then Obama seems to be willingly and blithely walking into the trap.

 

In his speech given on Friday, February 27 at marine Camp Lejeune in Jacksonville, Obama both affirms the neocon revisionist history of the Iraq invasion and occupation and lies blatantly to the American public about the proposed withdrawal.

 

First the latter.  Obama: “Let me say this as plainly as I can: by August 31, 2010, our combat mission in Iraq will end …. And under the Status of Forces Agreement with the Iraqi government, I intend to remove all U.S. troops from Iraq by the end of 2011.”

A bald faced lie.

Writing in the journal Foreign Policy in Focus on Friday, February 27, (http://www.fpif.org/fpiftxt/5910), Phyllis Bennis exposes Obama’s dissimulation about the up to 50,000 allegedly non-combatant troops “left behind.”  Leaving aside the question of why that huge number would be required to “train,equip and advise” (one is reminded of the “advisors” in Vietnam), which even Nancy Pelosi has questioned, Bennis refers to a December New York Times article “describing how military planners believe Obama’s goal of pulling out combat troops ‘could be accomplished at least in part by re-labeling some units, so that those currently counted as combat troops could be ‘re-missioned,’ their efforts redefined as training and support for the Iraqis.’”  She adds, “That would mean a retreat to the lies and deception that characterized this war during Bush years — something President Obama promised to leave behind. It would also mean military resistance in Iraq would continue, leading to more Iraqi and U.S. casualties.”

Along with AlterNet’s Jeremy Scahill (“All Troops Out By 2011? Not So Fast; Why Obama’s Iraq Speech Deserves a Second Look,” (http://www.alternet.org/waroniraq/129362/all_troops_out_by_2011_not_so_fast%3B_why_obama%27s_iraq_speech_deserves_a_second_look/), Bettis shows how the Status of Forces Agreement (SOFA), which was adopted by the Iraqi government but never ratified by the United States, and which calls for all U.S. troops to be out of Iraq by the end of 2011, is full of loopholes that the Pentagon and presumably the President are ready, willing and able, to employ when the time comes for the helicopters to be evacuating the remaining troops a la Vietnam (in other words, it ain’t gonna happen).

Obama himself (inadvertently, I presume) lets it slip into the speech where he states that he will “retain a transitional force … conducting targeted counter-terrorism missions.”   Such missions can hardly be characterized as anything other than combat missions.  He also telegraphs to both the American people via his warning to the Iraq resistance what his ace-in-the-loophole will be: “But our enemies should be left with no doubt: this plan gives our military the forces and the flexibility they need to support our Iraqi partners, and to succeed.”  It’s that flexibility that we knee-jerk peace-mongers worry about.

Sins of omission can be as deceptive, disingenuous and morally corrupt as sins of commission.  As Bettis points out, Obama neglected to mention the future use of air and naval force in Iraq, the disposition of the more than fifty military bases in Iraq, or the future status of the enormous numbers of mercenaries and contractors (e.g. Dyncorp, Bechtel,  and Blackwater, now Xe).  Nor did refer to the city within a city that is the United States Embassy in Baghdad, the largest embassy in the history of humankind of which you can bet that it wasn’t built to become redundant in a period of a couple of years. Come December 31, 2111, all logic and experience tell us that United States military presence in Iraq will continue to be substantial.  Obama does himself and the nation a disservice by suggesting otherwise.

As for the Bush, Cheney, neocon, and now apparently Obama fairytale version of the United States involvement in Iraq, it is probably true that it is the only one that would have been palatable for obvious reasons to the marines at Camp Lejeune, not to mention the neo-Fascist right that has ruled the country for the past eight years.  But to speak before the country and the entire world and characterize the United States invasion and occupation of Iraq, which has been responsible for hundreds of thousands of deaths, untold misery for millions and the virtual destruction of the Iraq infrastructure, as some kind of a noble venture is to contort reality into nothing less than a Big Lie which can only serve to justify past atrocity and foreshadow future ongoing bloodshed and destruction.

Obama: “We Americans have offered our most precious resource – our young men and women – to work with you to rebuild what was destroyed by despotism; to root out our common enemies; and to seek peace and prosperity for our children and grandchildren, and for yours.”  Bush could not have said it any better (which is probably why McCain is salivating as we speak).

The Biggest Lie of all comes toward the end of Obama’s speech: “And so I want to be very clear: We sent our troops to Iraq to do away with Saddam Hussein’s regime …We kept our troops in Iraq to help establish a sovereign government …And we will leave the Iraqi people with a hard-earned opportunity to live a better life …”

Alleging that “we sent our troops to Iraq to do away with Saddam Hussein’s regime” contains the truth within a lie.  In making the statement, Obama incredibly admits that the United States government violated the most fundamental precept of the United Nations Charter and international law, to wit, an unprovoked attack on a sovereign nation.  But does the President expect the American people and the world to forget about the intentionally false information about nuclear materials and weapons of mass destruction that was fed to the American people and world community as the justification for the invasion in the first place?  In this instance Obama’s Big lie serves to reinforce the Original Big Lie of the Bush administration.  The growing demand for prosecutorial accountability with respect to Bush and Company include, we should remember, not only torture, rendition, illegal wiretapping, etc. but also the crime of lying to the American public and Congress about the grounds for the invasion.

(To put matters into an even broader historical context, I refer readers to Nora Eisenberg’s excellent piece in AlterNet.com where she documents the Big Lie technique that was used to justify the first Gulf War in 1991 where according to a United Nations report the United States Air Force bombed Iraq “back into the Dark Ages.”  “Obama to Announce Iraq Troop Withdrawal,”

http://www.alternet.org/waroniraq/128916/why_the_dark_secrets_of_the_first_gulf_war_are_still_haunting_us/)

As for establishing a sovereign government and leaving the Iraqi people the opportunity to have a better life, while the jury may still be out on those counts, the evidence we have to date flies in the face of such empty rhetorical wishful thinking.

Some time ago Bush and the neocons began, ominously, comparing Iraq with South Korea, where the U.S. has had a “successful” military presence for over 50 years.  They neglect, of course, to note the difference, to wit, that South Korea was a military ally of the United States against the North Korean invasion, whereas the U.S. has been bombing the life out of Iraq since 1991 and through its unlawful invasion provoked a near civil war within the country that has cost the lives of hundreds of thousands of Iraqis?  Will this South Korea paradigm fiction be the next straw that Obama will need to grasp in order to justify occupation in perpetuity? 

There are two other critical concepts, which are central to the forces that were behind the original invasion and which impulse the continued military occupation, that Obama neglected to mention.  One of them is “war profiteering.”  Wipe out the infrastructure, and then as a pretext for reconstructing it, give billions in untendered contracts to the likes of Dick Cheney’s Haliburton.  And that is not to mention the corporate ghouls who manufacture our weapons of mass destruction.

The other concept, however, is one that virtually every American, not to mention the rest of the world, knows in her or his heart to have been, is, and will continue to be the single most – if not the only – motivating force behind the U.S. military adventure in Iraq.  It can be found in the original but quickly discarded acronym for the mission: Operation  Iraqi  Liberation.

Further Deconstruction of President Obama’s February 27 “Withdrawal from Iraq” Speech

Obama: (to the military) “You have fought against tyranny …”

Deconstruction: Those soldiers who have fought tyranny are living in Canada.

Obama: (to the military) “You have fought against … disorder.”

Deconstruction: Disorder created not only by the current invasion and occupation but also by 19 years of U.S. bombing and economic blockade.  Eisenberg: “We never learned that the government’s goals had changed from expelling Saddam’s forces from Kuwait to destroying Iraq’s infrastructure. Or what a country with a destroyed infrastructure looks like — with most of its electricity, telecommunications, sewage system, dams, railroads and bridges blown away.”

Obama: “Violence has been reduced substantially from the horrific sectarian killing of 2006 and 2007.”

Deconstruction: Sectarian killing and violence that the U.S. invasion and occupation provoked and by which Saddam Hussein’s atrocities pale in comparison.  U.S. inspired violence and killing 2003-2006 conveniently ignored.

Obama: “Al Qaeda in Iraq has been dealt a serious blow by our troops and Iraq’s Security Forces …”

Deconstruction: And has been handed a recruiting opportunity that will dramatically inflate the ranks of revenge-motivated terrorists who will plague us for decades or more.

Obama: “… a transition to full Iraqi responsibility … an Iraq that is sovereign, stable and self-reliant … The United States pursues no claim on your territory or your resources.”

Deconstruction: An Iraq that is occupied by the U.S. military in perpetuity, in order to ensure the protection of U.S. interests in the region’s natural resources and to ensure the “election” of government’s that maintain Iraq as a client state of the U.S.

Obama: “There are those … who will insist that Iraq’s differences cannot be reconciled without more killing.”

Deconstruction: We don’t insist on more killing we just do it.  Bennis: “And what if the reduction in ground troops is answered with an escalation of U.S. air power? The U.S. appears to be planning to control the skies over Iraq for years to come. That means even more Iraqi civilians being killed by the U.S. military. We need the withdraw all air and naval forces too — something the SOFA agreement mentions, but we have yet to hear anything from the Obama administration. The U.S. has been conducting continuous overflights and regular bombing of Iraq since January 1991 – isn’t 18 years of air war enough?”

Obama: “And as long as I am your Commander-in-Chief, I promise you that I will only send you into harm’s way when it is absolutely necessary …”

Deconstruction: Necessary to what and to whose ends?

Obama: “What we will not do is let the pursuit of the perfect stand in the way of achievable goals.”

Deconstruction: Forget such wishy-washy idealist notions such as actual peace and justice.

Obama: (with respect to) “millions of displaced Iraqis … America has … a moral responsibility – to act.”

Deconstruction: This is another Obama slip up: America has no “moral responsibility” to help those refugees.  It was Saddam who made us create all those refugees.  Right?  We do it out of the goodness of our gas-guzzling hearts.

Obama: “… the United States of America – a nation that exists only because free men and women have bled for it from the beaches of Normandy to the deserts of Anbar; from the mountains of Korea to the streets of Kandahar.”

Deconstruction: Obama gives us jingoistic triumphalistic patriotism, when the American people hunger for a truthful acknowledgement of the past crimes.

One has to ask the question why the entire sub-text, not to mention the practical implications, of Obama’s speech was addressed directly to the radical Republican right, corporate America, and the military-industrial complex.

 

 

 

 

 

 

 

 

 

Lawrence Walsh and America’s law-free zone February 17, 2009

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.
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Glenn Greenwald

(updated below)

David Rivkin and Lee Casey are right-wing lawyers and former Reagan DOJ officials who, over the last eight years, have been extremely prolific in jointly defending Bush/Cheney theories of executive power. Today, they have one of their standard Op-Eds, this time in The Washington Post, demanding that there be no investigations or prosecutions of Bush officials.  Most of the arguments they advance are the standard platitudes now composing Beltway conventional wisdom on this matter.  But there is one aspect of their advocacy that is somewhat remarkable and worth noting.

Rivkin and Casey have long been vigorous opponents of the legitimacy of international tribunals to adjudicate crimes committed by American officials.  In February, 2007, they wrote an Op-Ed in the Post bitterly criticizing Italian officials for indicting 25 CIA agents who had literally kidnapped a Muslim cleric from Italy and “rendered” him from Milan to Egypt.  In that Op-Ed, the Bush-defending duo argued that Italy had no right to prosecute these agents (h/t reader tc):

An Italian court announced this month that it is moving forward with the indictment and trial of 25 CIA agents charged with kidnapping a radical Muslim cleric. These proceedings may well violate international law, but the case serves as a wake-up call to the United States . . . .

[T]he United States must still vigorously resist the prosecution of its indicted agents. . . . [I]t is up to American, not Italian, authorities to determine whether any offense was committed in the capture and rendition of Nasr.

Unfortunately, the effort to prosecute these American agents is only one instance of a growing problem. Efforts to use domestic and international legal systems to intimidate U.S. officials are proliferating, especially in Europe. Cases are pending in Germany against other CIA agents and former defense secretary Donald Rumsfeld — all because of controversial aspects of the war on terrorism. These follow Belgium’s misguided effort to pursue “universal jurisdiction” claims for alleged violations of international law, which also resulted in complaints against American officials including Vice President Cheney and former secretary of state Colin Powell. That law was amended, but the overall problem is unlikely to go away.  The initiation of judicial proceedings against individual Americans is too attractive a means of striking at the United States — and one often not subject to control by the relevant foreign government.

Accordingly, Congress should make it a crime to initiate or maintain a prosecution against American officials if the proceeding itself otherwise violates accepted international legal norms.

So it’s up to the U.S. — not any foreign tribunals — to prosecute war crimes and other felonies committed by American officials (for reasons that, at least in part and under certain circumstances (not prevailing in the Italian case), I find persuasive).  In fact, they argue, international prosecutions are so illegitimate that such proceedings themselves should be declared crimes.  Indeed, like most of their political comrades, Rivkin and Casey have consistently argued that U.S. jurisdiction over alleged violations of international law and U.S. treaties by U.S. citizens — including our leaders — is exclusive. 

They made the same argument when opposing U.S. ratification of the enabling statute of the International Criminal Court (.pdf), arguing that “[t]he question is whether [international] law can, or should, be enforced outside national legal systems that have generally functioned well.”  Their answer, of course, is that, when it comes to Americans, international law obligations cannot and shouldn’t be enforced anywhere but America:

There are many problems with the Rome Treaty.  The most immediate one, for Americans, is the danger of its being used as a political instrument against us.  But the most profound flaw is a philosophical one:  The concept of “international” justice underpinning the ICC project is more apparent than real. . . .

The prosecution of political leaders is inherently political, and there are at least two sides to every political conflict. . . . From America’s perspective, the greatest practical danger of joining the ICC regime would be that the court, driven by those who may resent American global preeminence, could seek to restrain the use of U.S. military power through prosecutions of U.S. leaders.

They then went on to call for the Bush administration to vocally and decisively reject the legitimacy of the ICC  so that the whole edifice would collapse.  This is because American leaders should not be subjected to prosecution in foreign countries for their crimes — only in America.

Yet what do these two argue today?  That domestic investigations and prosecutions — by American tribunals and American courts — are also inappropriate, illegitimate and destructive.  Though they acknowledge that “the Justice Department is capable of considering whether any criminal charges are appropriate,” they nonetheless insist that this must not be done:

For his part, President Obama has reacted coolly to calls to investigate Bush officials. Obama is right to be skeptical; this is a profoundly bad idea — for policy and, depending on how such a commission were organized and operated, for legal and constitutional reasons. . . .

Attempting to prosecute political opponents at home or facilitating their prosecution abroad, however much one disagrees with their policy choices while in office, is like pouring acid into our democratic machinery. As the history of the late, unlamented independent counsel statute taught, once a Pandora’s box is opened, its contents can wreak havoc equally across the political and party spectrum. . . .

Obama and the Democratic Congress are entitled to revise and reject any or all of the Bush administration’s policies. But no one is entitled to hound political opponents with criminal prosecution, whether directly or through the device of a commission, and those who support such efforts now may someday regret the precedent it sets.

So no international tribunals or foreign countries have any power to investigate or prosecute American officials for war crimes (even when those war crimes are against citizens of those countries and/or committed within their borders).  And, American political officials must also not be prosecuted inside the U.S., by American courts.  “Nobody is entitled” to do that either, because “attempting to prosecute political opponents at home or facilitating their prosecution abroad is like pouring acid into our democratic machinery.”

The implication of their argument — which is now the conventional Beltway view — is too obvious to require much elaboration.  If our political leaders can’t be held accountable for their war crimes and other serious felonies in foreign countries or international tribunals, and must never be held accountable in the U.S. either (because to do so is to “pour acid into our democratic machinery”), then it means that American political officials (in contrast to most other leaders) are completely and explicitly exempt from, placed above, the rule of law.  That conclusion is compelled from their premises. 

At least to me, it’s just endlessly perplexing how anyone — let alone our political class in unison — could actually endorse such absolute lawlessness for political leaders.  Didn’t our opinion-making elites learn in the eighth grade that the alternative to a “nation of laws” was a “nation of men” — i.e., the definition of tyranny?  Those are the only two choices.  It’s just so basic.

Apparently, though, this is all fine with our political establishment, since none of this is new.  Here’s what Iran-contra prosecutor (and life-long Republican official) Lawrence Walsh said in 1992 after George H.W. Bush pardoned Casper Weinberger days before his trial was set to begin:

President Bush’s pardon of Caspar Weinberger and other Iran-contra defendants undermines the principle that no man is above the law. It demonstrates that powerful people with powerful allies can commit serious crimes in high office — deliberately abusing the public trust without consequence.

Weinberger, who faced four felony charges, deserved to be tried by a jury of citizens. Although it is the President’s prerogative to grant pardons, it is every American’s right that the criminal justice system be administered fairly, regardless of a person’s rank and connections.

The Iran-contra cover-up, which has continued for more than six years, has now been completed with the pardon of Caspar Weinberger. . . . Weinberger’s early and deliberate decision to conceal and withhold extensive contemporaneous notes of the Iran-contra matter radically altered the official investigations and possibly forestalled timely impeachment proceedings against President Reagan and other officials. Weinberger’s notes contain evidence of a conspiracy among the highest-ranking Reagan Administration officials to lie to Congress and the American public. . . .

In light of President Bush’s own misconduct, we are gravely concerned about his decision to pardon others who lied to Congress and obstructed official investigations.

Does anyone deny that we are exactly the country that Walsh described:  one where “powerful people with powerful allies can commit serious crimes in high office — deliberately abusing the public trust without consequence”? And what rational person could think that’s a desirable state of affairs that ought not only be preserved — but fortified still further– as we move now to immunize Bush 43 officials for their far more serious and disgraceful crimes? As the Rivkin/Casey oeuvre demonstrates, we’ve created a zone of lawlessness around our highest political leaders and either refuse to acknowledge that we’ve done that or, worse, have decided that we don’t really mind.

 

UPDATE:  In a world in which the Rivkin/Casey mentality dominates (i.e., the world in which we actually live), imagine that you’re the American President, sitting in the Oval Office, tempted to issue a secret order that you know directs that laws be broken.  What possible pragmatic motive would you have to refrain from doing that?  Wouldn’t any rational person in that situation think to themselves:  

There’s nothing that would stop me from doing this because, fortunately, we live in a country where the President actually has the right to break the law and to do so without consequences.  In fact, amazingly enough, the citizenry — or at least the opinion-making elite — has somehow become convinced that it’s a good thing — vital even — for the President to have this lawbreaking right and to be shielded from consequences when he commits crimes.  I don’t know how that they got convinced of that, but that’s actually how they think.  As strange as it is, I know that if I decide to commit this crime, political and media figures from across the political spectrum will join together to insist that there must be no consequences for what I have done.

Ironically, while there is consensus horror in America’s political class over the idea that our political leaders might be charged and tried in the U.S. (let alone a foreign country) for their torture and other war crimes, we — Americans — have adopted a statute that expressly arrogates unto ourselves the power to do exactly that to leaders of other countries, and the Bush administration — even as they presided over their own torture regime — actually invoked that law to pursue such prosecutions.  After a torture prosecution of a Liberian official last December, Bush’s Attorney General, Michael Mukasey, actually spoke these words — what very well might be the most audaciously hypocritical quote of all of 2008:

Law without conscience is no guarantee of freedom; that even the seemingly most advanced of nations can be led down the path of evil; and that we must confront horror with action and vigilance, not lethargy and cowardice. . . .

His conviction – the first in history under our criminal anti-torture statute – provides a measure of justice to those who were victimized by his reprehensible acts, and it sends a powerful message to human rights violators around the world that, when we can, we will hold them accountable for their crimes.

No torturer is safe from American judicial accountability — as long as the torturer is not an American political official.

– Glenn Greenwald

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