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The Rise of the Inhumanes

By Paul Craig Roberts – Sputnik – 02.09.2015

America’s descent into totalitarian violence is accelerating. Like the Bush regime, the Obama regime has a penchant for rewarding Justice (sic) Department officials who trample all over the US Constitution. Last year America’s First Black President nominated David Barron to be a judge on the First US Circuit Court of Appeals in Boston.

Barron is responsible for the Justice (sic) Department memo that gave the legal OK for Obama to murder a US citizen with a missile fired from a drone.

The execution took place without charges presented to a court, trial, and conviction. The target was a religious man whose sermons were believed by the paranoid Obama regime to encourage jihadism.

Apparently, it never occurred to Obama or the Justice (sic) Department that Washington’s mass murder and displacement of millions of Muslims in seven countries was all that was needed to encourage jihadism. Sermons would be redundant and would comprise little else but moral outrage after years of mass murder by Washington in pursuit of hegemony in the Middle East.

Barron’s confirmation ran into opposition from some Republicans, some Democrats, and the American Civil Liberties Union, but the US Senate confirmed Barron by a vote of 53-45 in May 2014. Just think, you could be judged in “freedom and democracy America” by a fiend who legalized extra-judicial murder.While awaiting his reward, Barron had a post on the faculty of the Harvard Law School, which tells you all you need to know about law schools. His wife ran for governor of Massachusetts. Elites are busy at work replacing law with power.

America now has as an appeals court judge, no doubt being groomed for the Supreme Court, who established the precedent in US law that, the Constitution not withstanding, American citizens can be executed without a trial.

Did law school faculties object? Not Georgetown law professor David Cole, who enthusiastically endorsed the new legal principle of execution without trial. Professor Cole put himself on the DOJ’s list of possible federal judicial appointees by declaring his support for Barron, whom he described as “thoughtful, considerate, open-minded, and brilliant.”

Once a country descends into evil, it doesn’t emerge.

The precedent  for Obama’s appointment of Barron was George W. Bush’s appointment of Jay Scott Bybee to the US Court of Appeals for the Ninth Circuit. Bybee was John Yoo’s Justice (sic) Department colleague who co-authored the “legal” memos justifying torture despite US federal statutory law and international law prohibiting torture.  Everyone knew that torture was illegal, including those practicing it, but these two fiends provided a legal pass for the practitioners of torture.  Not even Pinochet in Chile went this far.

Bybee and Yoo got rid of torture by calling it “enhanced interrogation techniques.”  As Wikipedia reports, these techniques are considered to be torture by Amnesty International, Human Rights Watch, medical experts who treat torture victims, intelligence officials, America’s allies, and even by the Justice (sic) Department.Others who objected to the pass given to torture by Bybee and Yoo were Secretary of State Colin Powell, US Navy General Counsel Alberto Mora, and even Philip Zelikow, who orchestrated the 9/11 Commission coverup for the Bush regime.

After five years of foot-dragging, the Justice (sic) Department’s Office of Professional Responsibility concluded that Bybee and his deputy John Yoo committed “professional misconduct” by providing legal advice that was in violation of international and federal laws. The DOJ’s office of Professional Responsibility recommended that Bybee and Yoo be referred to the bar associations of the states where they were licensed for further disciplinary action and possible disbarment.

But Bybee and Yoo were saved by a regime-compliant Justice (sic) Department official, David Margolis, who concluded that Bybee and Yoo had used “poor judgement” but had not provided wrong legal advice.

So, today, instead of being disbarred, Bybee sits on a federal court just below the Supreme Court. John Yoo teaches constitutional law at the University of California, Berkeley, School of Law, Boalt Hall.

Try to imagine what has happened to America when Harvard and Berkeley law professors create legal justifications for torture and extra-judicial murder, and when US presidents engage in these heinous crimes.  Clearly America is exceptional in its immorality, lack of human compassion, and disrespect for law and its founding document.

Hitler and Stalin would be astonished at the ease with which totalitarianism has marched through American institutions. Now we have a West Point professor of law teaching the US military justifications for murdering American critics of war and the police state. Also here. The professor’s article is here.

William C. Bradford, the professor teaching our future military officers to regard moral Americans as threats to national security, blames Walter Cronkite for loosing the Tet Offensive in the Vietnam War by reporting the offensive as an American defeat.  Tet was an American defeat in the sense that the offensive proved that the “defeated” enemy was capable of a massive offensive against US forces. The offensive succeeded in the sense that it demonstrated to Americans that the war was far from over. The implication of Bradford’s argument is that Cronkite should have been killed for his broadcasts that added to the doubts about American success.

The professor claims to have a list of 40 people who tell the truth who must be exterminated, or our country is lost. Here we have the full confession that Washington’s agenda cannot survive truth.

I am unaware of any report that the professor has been censored or fired for his disrespect for the constitutionally protected right of freedom of expression.

However, I have seen reports of professors destroyed because they criticized Israel’s war crimes, or used a word or term prohibited by political correctness, or were insufficiently appreciative of the privileges of “preferred minorities.”

What this tells us is that morality is sidetracked into self-serving agendas while evil overwhelms the morality of society.

Welcome to America today.  It is a land in which facts have been redefined as  enemy propaganda, a land in which legally protected whistleblowers are redefined as  “fifth columns” or foreign agents subject to extermination, a land in which America is immune from criticism and all crimes are blamed on those whom Washington intends to rule.

Barron, Bybee, Yoo, and Bradford are members of a new species—the Inhumanes—that has risen from the poisonous American environment of arrogance, hubris, and paranoia.

September 6, 2015 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite, Subjugation - Torture | , , , , , | 1 Comment

The Senate’s Excuses for Reauthorizing Section 215–and Why They’re Wrong

By Mark Jaycox | EFF | May 19, 2015

Three provisions of the Patriot Act expire on June 1 and Senate Majority Leader Mitch McConnell is trying to delay taking action on the issue by calling for a two month or 5-year reauthorization of Section 215—the provision of the Patriot Act the NSA relies on to collect millions of Americans call records.

Before June 1 we expect to see plenty of fear-mongering from intelligence officials and national security hawks. Last year, the Wall Street Journal began the foray with an op-ed by Former NSA Director General Mike Hayden and former Attorney General Michael Mukasey—key architects of many of the NSA’s unlawful activities. This time, the mongering started with op-eds by John Yoo, Senator Marco Rubio, and Senator Tom Cotton.

Here are the top excuses officials will use to continue spying on Americans calling records and why they’re wrong:

Congress Needs Time to Debate

“I don’t know how we have the kind of fulsome debate that is going to be required on NSA without passing a temporary extension,” —Sen. John Cornyn

Congress has had two full years to publicly debate the NSA’s use of Section 215. Indeed, the debate has been vigorous and thoughtful. While Congress didn’t create a separate investigative committee, it was still able to hold over a dozen hearings where Section 215 was discussed. The hearings, which called upon officials like the Attorney General, Director of National Intelligence, and Director of the NSA, included hours of testimony on the programs, what they collect, and their effectiveness.

Congress has also debated Section 215 via Senator Patrick Leahy and Jim Sensenbrenner’s reform bill called the USA Freedom Act. Last year, the House passed a gutted bill of the USA Freedom Act, but debated the legislation for days. This year, the House debated a stronger version of the USA Freedom Act and passed it 338 to 88.

The Senate has also debated the legislation. Last year, after two days of debate, the Senate failed to advance a stronger version of the USA Freedom Act by two votes. Congress has had more than enough time to discuss these authorities and must act.

The Section 215 Program is Effective

“This has been a very important part of our effort to defend the homeland since 9/11.” —Sen. Majority Leader Mitch McConnell

There’s one problem: there’s no evidence to support that. Two independent commissions concluded the calling records program was not effective and has not been used to stop a terrorist attack. The first, called the President’s Review Group on Signals Intelligence, concluded “Our review suggests that the information contributed to terrorist investigations by the use of section 215 telephony meta-data was not essential to preventing attacks.”

Like the President’s Review Group, the Privacy and Civil Liberties Oversight Board also concluded:

Based on the information provided to the Board, including classified briefings and documentation, we have not identified a single instance involving a threat to the United States in which the program made a concrete difference in the outcome of a counterterrorism investigation. Moreover, we are aware of no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack.

The quotes speak for themselves.

Fixing Section 215 Puts the Nation at Risk

“[The USA Freedom Act] would be rolling [the nation] back to exactly where we were pre-9/11. —Sen. Richard Burr

The Attorney General, Director of National Intelligence, and House Intelligence Chair and Ranking Members do not think reforming the Section 215 program will harm national security. Attorneys General Eric Holder and Loretta Lynch and Director of National Intelligence James Clapper wrote letters (.pdf) to Congress noting that Section 215 reform would preserve both “vital national security authorities” and “essential Intelligence Community capabilities.”

The Program is “Lawful”

“Contrary to irresponsible rumors, the [bulk surveillance] program is lawful, carefully monitored, and protects personal privacy. The program does not conduct mass surveillance of American citizens—or any surveillance at all.” —Sen. Cotton and Rep. Mike Pompeo

Apparently, one of the “irresponsible rumors” Sen. Tom Cotton and Rep. Mike Pompeo reference is a decision by the Second Circuit Court of Appeals. (The circuit courts are the federal courts directly below the Supreme Court). The Second Circuit held that the NSA’s telephone records program went far beyond what Congress authorized when it passed Section 215 of the Patriot Act in 2001. The court rejected the government’s secret reinterpretation of Section 215 that has served as the basis for the telephone records collection program. The Second Circuit’s opinion stands as a clear sign that the courts are ready to step in and rule that mass surveillance is illegal.

In addition, the program is “surveillance.” As we’ve repeatedly said: the collection of metadata matters. It reveals a host of information and context about a person’s habits, traits, and beliefs. The Circuit Court opinion explained that metadata is often a proxy for the content of the communication, and that phone records can “reveal a startling amount of detailed information” about callers. The court also recognized that aggregation of calling records matters because collection of large amounts of metadata plus the application of sophisticated data processing technologies gives the government access to even more revealing portraits of individuals and groups.

Congress Must Say No to a Short-Term Reauthorization

In the next few days, Congress will begin to debate whether or not they should vote for a short-term reauthorization of Section 215. The answer is clearly no. Join us now in telling your lawmaker to vote against any short-term reauthorization.

May 21, 2015 Posted by | Civil Liberties, Deception | , , , , , , , , | Leave a comment

SYRIAN INTERVENTION – LEGAL? DOUBTFUL; MORAL? DEFINITELY NOT!

By Damian Lataan | September 1, 2013

The US and their allies are expending a lot of effort in trying to convince both each other and public opinion that intervention in Syria would be legal both under their own respective domestic laws as well as under international law. Little, however, is being said about whether or not such action would be moral.

Neocon chickenhawk warmonger, “Mad Max” Boot, writing in Commentary, invokes George W. Bush’s legal justifications for attacking Iraq – of all examples – to set a precedent for Obama to attack Syria. Boot cites notorious Bush legal advisor and fellow warmonger John Yoo (famous for advising the Bush administration that torture of terrorists is legal) saying that Obama has executive power to ‘engage in war’ without consulting Congress but must consult Congress to ‘declare war’.

Meanwhile in the UK, Britain’s Attorney General Dominic Grieve sets out what he considers would have been Cameron’s legal justification for intervention. In Grieve’s opinion, if intervention is not authorised by the United Nations Security Council (UNSC), the UK could still legally intervene based on three conditions, namely:

1. The Syrian regime has been killing its people for two years, with reported deaths now over 100,000 and refugees at nearly 2 million. The large-scale use of chemical weapons by the regime in a heavily populated area on 21 August 2013 is a war crime and perhaps the most egregious single incident of the conflict. Given the Syrian regime’s pattern of use of chemical weapons over several months, it is likely that the regime will seek to use such weapons again. It is also likely to continue frustrating the efforts of the United Nations to establish exactly what has happened. Renewed attacks using chemical weapons by the Syrian regime would cause further suffering and loss of civilian lives, and would lead to displacement of the civilian population on a large scale and in hostile conditions.

2. Previous attempts by the UK and its international partners to secure a resolution of this conflict, end its associated humanitarian suffering and prevent the use of chemical weapons through meaningful action by the Security Council have been blocked over the last two years. If action in the Security Council is blocked again, no practicable alternative would remain to the use of force to deter and degrade the capacity for the further use of chemical weapons by the Syrian regime.

3. In these circumstances, and as an exceptional measure on grounds of overwhelming humanitarian necessity, military intervention to strike specific targets with the aim of deterring and disrupting further such attacks would be necessary and proportionate and therefore legally justifiable. Such an intervention would be directed exclusively to averting a humanitarian catastrophe, and the minimum judged necessary for that purpose.

The problem with this opinion is that it does not reflect the actual situation and circumstances on the ground in Syria and, as British legal expert Professor Philippe Sands, QC, of London University points out:

…is premised on factual assumptions – principally that the weapons were used by the Syrian government, that the use of force by the UK would deter or disrupt the further use of chemical weapons – that are not established on the basis of information publicly available.

Furthermore, Grieve in his opinion note infers that the Syrian government is also responsible for all of the 100,000 deaths and is responsible for the creation of the entire refugee crisis resulting from the war when clearly both sides need to take responsibility.

The legal principles relating to burden of proof, presumption of innocence until proven guilty, gathering of evidence, laying charges, making arrests, going to trial, etc., all seems to have been abandoned by the very governments that claim all of these principles as being the foundation stones upon which have been established the virtues that ‘they’, so the Western governments have told us, hate about ‘us’.

September 1, 2013 Posted by | Militarism, Progressive Hypocrite, Timeless or most popular, War Crimes | , , , , , , | Comments Off on SYRIAN INTERVENTION – LEGAL? DOUBTFUL; MORAL? DEFINITELY NOT!

Russia Bars Bush-Era Torture Lawyers

By Robert Parry | Consortium News | April 14, 2013

The U.S. government views itself as the global arbiter of human rights, righteously throwing stones at other nations for their misbehavior and most recently imposing sanctions on a group of Russians accused of human rights crimes. That move prompted a tit-for-tat response from Moscow, barring 18 current and former U.S. officials from entering Russia.

The predictable response from the U.S. news media to the Russian retaliation was to liken it to the Cold War days when the United States would catch a Soviet spy and Moscow would retaliate by grabbing an American and arranging a swap.

But several of the Americans targeted by Moscow this time were clearly guilty of human rights crimes. John Yoo and David Addington were former legal advisers to President George W. Bush and Vice President Dick Cheney, respectively. The two lawyers were famous for inventing new excuses for torture. Two other Americans on Moscow’s list – Major General Geoffrey D. Miller and Rear Admiral Jeffrey Harbeson – commanded the extralegal detention center at Guantanamo Bay, Cuba.

In particular, Yoo and Addington stand out as smug apologists for torture who twisted law and logic to justify waterboarding, painful stress positions, forced nudity, sleep deprivation and other techniques that have been historically defined as torture. In a society that truly respected human rights, they would have been held accountable – along with other practitioners of the “dark side” – but instead have been allowed to walk free and carry on their professional lives almost as if nothing had happened.

The Russians were polite enough only to include on the list these mid-level torture advocates and enablers (as well as some prosecutors who have led legal cases against Russian nationals). They left off the list many culpable former senior officials, such as Defense Secretary Donald Rumsfeld, National Security Advisor Condoleezza Rice, CIA Director George Tenet, Cheney and Bush. Obviously, the Russian government didn’t want an escalation.

It’s also undeniably true that Moscow does not come to the human rights issue with clean hands. But neither does the United States, a country that for generations has taken pride in its role as the supposed beacon of human rights, the rule of law, and democratic principles.

Acting as a prosecutor at the Nuremberg Tribunals after World War II, Supreme Court Justice Robert Jackson famously denied that punishing the Nazi leaders as war criminals was simply victor’s justice. He insisted that the same principles would apply to the nations sitting in judgment, including the United States and the Soviet Union. However, that has turned out not to be the case.

The real principles of today’s international law could be described as dragging petty warlords from Africa or Eastern Europe off to The Hague for prosecution by the International Criminal Court, while letting leaders of the Big Powers – with far more blood on their hands – off the hook.  Jackson’s “universal principles” of human rights now only apply to the relatively weak.

A History of Double Standards

Of course, one could argue that double and triple standards have always been the way of the world. What often seems to really matter is who has the most powerful friends, the best P.R. team, and the greatest number of “news” organizations in their pocket. Plus, lots of cognitive dissonance helps, too.

For instance, you must forget the role of the New York Times’ Thomas Friedman, the Washington Post’s Fred Hiatt and other mainstream media stars in rallying the American people to get behind the U.S. invasion of Iraq in 2002-2003 – when the same pundits now fold their arms in disgust at some other nation’s violation of international law.

It’s also handy if you can forget much of American history. You can fondly recall the stirring words about liberty from the Founding Fathers, but it’s best to forget that many owned African-Americans as slaves and that their lust for territorial expansion led them and their descendants to wage a cruel genocide against Native Americans.

There also were the repeated military interventions in Latin America and the brutal counterinsurgency campaign in the Philippines (which applied some of the same tactics that the U.S. military had perfected in crushing uprisings by Native Americans). Then, there were the militarily unnecessary atomic bomb attacks on Hiroshima and Nagasaki; the mass slaughters in Indochina in the 1960s and 1970s; and the “death squad” operations in South and Central America in the 1970s and 1980s.

One can trace a direct correlation from American sayings like “the only good Indian is a dead Indian” in the 19th Century to “kill them all and let God sort them out” in the 20th Century. And U.S. respect for human rights hasn’t improved much in the new century with George W. Bush’s “war on terror” and his invasions of Afghanistan and Iraq and with Barack Obama’s extrajudicial killings by drone attacks.

So, when the United States strides from its glass house to hurl stones at Russians over repression in Chechnya, it’s not at all surprising that the Russians would return the volley by singling out some of the Americans clearly implicated in war crimes under George W. Bush. The only real question is why did the Russians stop with a handful of apparatchiks? Probably they didn’t want to escalate this exchange of Big Power hypocrisies.

The hard truth is that if the United States had a functioning criminal justice system for the powerful – not just for run-of-the-mill offenders – former Vice President Cheney and ex-President Bush would have convicted themselves with their own public comments defending their use of torture.

For instance, in February 2010, on ABC’s “This Week,” Cheney pronounced himself “a big supporter of waterboarding,” a near-drowning technique that has been regarded as torture back to the Spanish Inquisition and that has long been treated by U.S. authorities as a serious war crime, such as when Japanese commanders were prosecuted for using it on American prisoners during World War II.

Cheney was unrepentant about his support for the technique. He answered with an emphatic “yes” when asked if he had opposed the Bush administration’s decision to suspend the use of waterboarding. He added that waterboarding should still be “on the table” today.

Admitting the Sham

But Cheney went further. Speaking with a sense of legal impunity, he casually negated a key line of defense that senior Bush officials had hidden behind for years – that the brutal interrogations were okayed by independent Justice Department legal experts who gave the administration a legitimate reason to believe the actions were within the law.

However, in the interview, Cheney acknowledged that the White House had told the Justice Department lawyers what legal opinions to render. In other words, the opinions amounted to ordered-up lawyering to permit the administration to do whatever it wanted.

In responding to a question about why he had so harshly attacked President Obama’s counterterrorism policies, Cheney explained that he was concerned about the new administration prosecuting some CIA operatives who had handled the interrogations and “disbarring lawyers with the Justice Department who had helped us put those policies together. … I thought it was important for some senior person in the administration to stand up and defend those people who’d done what we asked them to do.”

Cheney’s comment about the Justice lawyers who had “done what we asked them to do” was an apparent reference to John Yoo and his boss, Jay Bybee, at the Office of Legal Counsel (OLC), a powerful Justice Department agency that advises the President on the limits of his power.

In 2002, Yoo – while working closely with White House officials – drafted legal memos that permitted waterboarding and other brutal techniques by narrowly defining torture. He also authored legal opinions that asserted virtual dictatorial powers for a President during war, even one as vaguely defined as the “war on terror.” Yoo’s key memos were then signed by Bybee.

In 2003, after Yoo left to be a law professor at the University of California at Berkeley and Bybee was elevated to a federal appeals court judgeship in San Francisco, their successors withdrew the memos because of the sloppy scholarship. However, in 2005, President George W. Bush appointed a new acting chief of the OLC, Steven Bradbury, who restored many of the Yoo-Bybee opinions.

In the years that followed, Bush administration officials repeatedly cited the Yoo-Bybee-Bradbury legal guidance when insisting that the “enhanced interrogation” of “war on terror” detainees – as well as prisoners from the Iraq and Afghan wars – did not cross the line into torture.

In essence, the Bush-Cheney defense was that the OLC lawyers offered honest opinions and that everyone from the President and Vice President, who approved use of the interrogation techniques, down to the CIA interrogators, who conducted the torture, operated in good faith.

If, however, that narrative is indeed false – if the lawyers had colluded with the policymakers to create legal excuses for criminal acts – then the Bush-Cheney defense would collapse. Rather than diligent lawyers providing professional advice, the picture would be of Mob consiglieres counseling crime bosses how to skirt the law.

Hand in Glove

Though Bush administration defenders have long denied that the legal opinions were cooked, the evidence has long supported the conspiratorial interpretation. For instance, in his 2006 book War by Other Means, Yoo himself described his involvement in frequent White House meetings regarding what “other means” should receive a legal stamp of approval. Yoo wrote:

“As the White House held its procession of Christmas parties and receptions in December 2001, senior lawyers from the Attorney General’s office, the White House counsel’s office, the Departments of State and Defense and the NSC [National Security Council] met a few floors away to discuss the work on our opinion. … This group of lawyers would meet repeatedly over the next months to develop policy on the war on terrorism.”

Yoo said meetings were usually chaired by Alberto Gonzales, who was then White House counsel and later became Bush’s second Attorney General. Yoo identified other key players as Timothy Flanigan, Gonzales’s deputy; William Howard Taft IV from State; John Bellinger from the NSC; William “Jim” Haynes from the Pentagon; and David Addington, counsel to Cheney.

In his book, Yoo described his work swatting down objections from the State Department’s lawyer and the Pentagon’s judge advocate generals – who feared that waiving the Geneva Conventions in the “war on terror” would endanger U.S. soldiers – Yoo stressed policy concerns, not legal logic.

“It was far from obvious that following the Geneva Conventions in the war against al-Qaeda would be wise,” Yoo wrote. “Our policy makers had to ask whether [compliance] would yield any benefit or act as a hindrance.”

What Yoo’s book and other evidence make clear is that the lawyers from the Justice Department’s OLC weren’t just legal scholars handing down opinions from an ivory tower; they were participants in how to make Bush’s desired actions “legal.” They were the lawyerly equivalents of those U.S. intelligence officials, who – in the words of the British “Downing Street Memo” – “fixed” the facts around Bush’s desire to invade Iraq.

Redefining Torture

In the case of waterboarding and other abusive interrogation tactics, Yoo and Bybee generated a memo, dated Aug. 1, 2002, that came up with a novel and narrow definition of torture, essentially lifting the language from an unrelated law regarding health benefits.

The Yoo-Bybee legal opinion stated that unless the amount of pain administered to a detainee led to injuries that might result in “death, organ failure, or serious impairment of body functions” then the interrogation technique could not be defined as torture. Since waterboarding is not intended to cause death or organ failure – only the panicked gag reflex associated with drowning – it was deemed not to be torture.

The “torture memo” and related legal opinions were considered so unprofessional that Bybee’s replacement to head the OLC, Jack Goldsmith, himself a conservative Republican, took the extraordinary step of withdrawing them after he was appointed in October 2003. However, Goldsmith was pushed out of his job after a confrontation with Cheney’s counsel Addington. Bradbury then enabled the Bush White House to reinstate many of the Yoo-Bybee opinions.

Cheney’s frank comments on “This Week” in 2010 – corroborating that Yoo and Bybee “had done what we asked them to do” – reflected the confidence that former Bush administration officials felt by then that they would face no accountability from the Obama administration for war crimes.

Surely, if a leader of another country had called himself “a big supporter of waterboarding,” there would have been a clamor for his immediate arrest and trial at The Hague. That Cheney felt he could speak so openly and with such impunity was a damning commentary on the rule of law in the United States, at least when it comes to the nation’s elites.

John Yoo apparently shares Cheney’s nonchalance about facing accountability. This weekend, when Yoo was asked about the Russians banning him as a human rights violator, he joked about the athletic skills of Russian President Vladimir Putin. “Darn,” Yoo wrote in an e-mail, “there goes my judo match with Putin.”

Perhaps the ultimate measure of America’s current standing as a promoter of human rights is that it’s difficult to judge which government is the bigger hypocrite: the one in Moscow or the one in Washington.

~

Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his new book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).

April 15, 2013 Posted by | Progressive Hypocrite, Subjugation - Torture, Timeless or most popular, War Crimes | , , , , , , , , , , , , , , , , , , , | Comments Off on Russia Bars Bush-Era Torture Lawyers

Demolishing Due Process

By Ron Paul | March 19, 2012

It is ironic but perhaps sadly appropriate that Attorney General Eric Holder would choose a law school, Northwestern University, to deliver a speech earlier this month in which he demolished what was left of the rule of law in America.

In what history likely will record as a turning point, Attorney General Holder bluntly explained that this administration believes it has the authority to use lethal force against Americans if the President determines them to be a threat to the nation. He tells us that this is not a violation of the due process requirements of our Constitution because the President himself embodies “due process” as he unilaterally determines who is to be targeted. As Holder said, “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.'” That means that the administration believes it is the President himself who is to be the judge, jury, and executioner.

As George Washington University Law Professor Jonathan Turley wrote of the Holder speech:

“All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decisions are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review.”

It is particularly bizarre to hear the logic of the administration claiming the right to target its citizens according to some secret selection process, when we justified our attacks against Iraq and Libya because their leaders supposedly were targeting their own citizens! We also now plan a covert war against Syria for the same reason.

I should make it perfectly clear that I believe any individual who is engaging in violence against this country or its citizens should be brought to justice. But as Attorney General Holder himself points out in the same speech, our civilian courts have a very good track record of trying and convicting individuals involved with terrorism against the United States. Our civilian court system, with the guarantee of real due process, judicial review, and a fair trial, is our strength, not a weakness. It is not an impediment to be sidestepped in the push for convictions or assassinations, but rather a process that guarantees that fundamental right to be considered innocent until proven guilty in a court of law.

I am encouraged, however that there appears to be the beginning of a backlash against the administration’s authoritarian claims. Just recently I did an interview with conservative radio talk show host Laura Ingraham who expressed grave concern over using these sorts of tactics against Americans using the supposed war on terror as justification. Sadly, many conservative leaders were silent when Republican President George W. Bush laid the groundwork for this administration’s lawlessness with the PATRIOT Act, warrantless wiretapping, indefinite detention without trial, and other violations. Similarly, as Professor Turley points out, “Democrats previously demanded the ‘torture memos’ of the Bush administration that revealed poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.” The misuse of and disregard for our Constitution for partisan political gain is likely one reason the American public holds Congress in such low esteem. Now the stakes are much higher. Congress and the people should finally wake up!

March 21, 2012 Posted by | Civil Liberties, Progressive Hypocrite | , , , , | 1 Comment