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Departments National Issues Six months of immunity The Iraq War set a new low for the blatant openness of the lies used to justify it, and those lies included a secret memo The crime of aggressive war against Iraq could be prosecuted in a foreign court, potentially in the International Criminal Court, theoretically in U.S. federal court, or -- using an argument made by Vincent Bugliosi -- through a local or state court in the United States where Bush could be tried for the murder of U.S. soldiers. The U.S. Department of Justice could also prosecute Bush for misspending funds on a war that had not yet been authorized in any way -- funds appropriated only for other purposes, or for the crime of lying to Congress, or for using false propaganda domestically, for imprisoning children, employing assassination squads, using the U.S. military domestically, spying without warrant, exposing an undercover agent, obstructing justice, or various other crimes. And an attorney general who would do all of that (or even most attorneys general who wouldn't) would also overturn the prosecutions of political prisoners like Don Siegelman, Paul Minor, and so many others, and hold accountable those who used the Justice Department to target state and local elected officials, 85 percent of those prosecuted being Democrats and the other 15 percent consisting largely of moderate Republicans. Many of the crimes above could also be prosecuted in foreign courts. A foreign or international court could conceivably even prosecute the crime of continuing the occupation into 2009, since the UN fig leaf for the occupation expired in December 2008 and has been replaced only by a treaty drawn up between an occupier and a puppet government of the occupied, a treaty now openly violated by both parties and never properly ratified by either nation. Many of the crimes could be, and several are, the subjects of civil suits as well. Bybee, who is now a federal appeals judge, could be impeached If the architects of the Iraq War were being held accountable in any way for launching it and, in some cases, profiting from it financially, it is likely that U.S. troops would now be withdrawing from Iraq. As it is, no withdrawal is underway, a war in Afghanistan is being expanded, the possibility of launching a war against Iran is being kept open, and illegal strikes are being launched fairly routinely into Pakistan. We have seen in the past six months not just a period of immunity, but the clear results of that immunity, the clear evidence of why "looking backwards" has an enormous impact on what you see when you look forward. Sadly, much of the peace movement has not only stopped pressing for peace and lost the funding with which to do so, but it has also failed to at long last take up the cause of deterring future war crimes by prosecuting past ones. The positive news is that human rights and civil rights groups have taken up the cause of prosecuting torture. The drawback is that they never mention aggressive war, and it is hard to imagine an aggressive war occurring without torture even if torture has been punished. For each of the other crimes that Bush and Cheney have been granted immunity for, a similar story can be told. The crimes are not in the past, because they are being continued in the present. In the case of indefinite detention, President Obama has fought in court and made a speech in front of the U.S. Constitution at the National Archives asserting the power to do exactly what candidate Obama said was unconstitutional. Obama is imprisoning people outside of any rule of law in Bagram and Guantanamo, and proposing to keep some of them in prison indefinitely without ever bringing them to trial. He is proposing to formalize such a system and dress it up in "due process" reviews. He asserts the power to render prisoners to other nations, as well. Having promised not to render prisoners for the purpose of having them tortured, Obama now claims the power to render prisoners while promising not to use it for torture, yet failing -- in the view of many human rights advocates -- to justify the practice. It is a safe assumption that Obama's behavior would be different, that he would not be proposing to formalize preventive detention, were Bush being criminally prosecuted or impeached or held liable in civil court cases for it. On August 4th Director of Central Intelligence Leon Panetta published a column essentially advocating immunity for all past criminals who held important positions in the federal government. Panetta excused the CIA as having obeyed Bush, failing to recognize that being asked to disobey laws by one's employer does not create legal protection. At the same time, Panetta urged immunity for Bush as well. And Panetta claimed that the United States no longer tortures. One problem with this is that, even if it were true, it would also be true that the United States offers no deterrent against torture by its government employees or future top officials. A deeper problem is found in statements Panetta has made claiming the power to, in fact, torture. Back in May, blogger Josh Marshall was mystified, writing: "One of the weirdest moments in Vice President Cheney's speech was when he claimed that 'President Obama has reserved unto himself the right to order the use of enhanced interrogation should he deem it appropriate.'" But when you take a crime like torture and turn it into a policy question, and you choose the policy of not torturing, you maintain the power to switch to the policy of torturing without any criminal penalty -- unless someone else manages to transform torture back into a crime again. Here's Leon Panetta at his confirmation hearing, as reported by the Guardian: "Pressed by Democrat Ron Wyden of Oregon about a 'human ticking time-bomb' scenario, in which a terrorist knows of an imminent attack on the U.S., Panetta said he believed torture would not be necessary to extract information. 'I'm of the view that when you look at the FBI and the US military, that they have been able to show that it is possible to get the information that's needed to protect our nation's security,' he said. However, he added: 'If we had the ticking bomb situation and I felt that whatever we were using wasn't sufficient, I would not hesitate to go to the president and request any additional authority that we would need.'" Following Cheney's statement and Marshall's bewilderment, MSNBC asked presidential advisor David Axelrod about it. Axelrod repeatedly refused to deny that Obama believed himself to possess the power to legally torture. Predictably enough, there have been numerous reports It's the same story with warrantless spying. It's not being prosecuted, and it's also -- predictably enough -- not ending. And it's the same story with a wide variety of abuses of power that Bush engaged in to a greater extent than did those who preceded him: the abuses are being cemented in place by Obama. Rather than throwing out signing statements that altered laws, Obama has begun writing his own. Rather than throwing out executive orders that create laws, Obama has begun issuing his own. Rather than opening up records and accepting court challenges that had been blocked by claims of "state secrets," Obama is repeating and enlarging those claims. Rather than delivering subpoenaed witnesses like Karl Rove to Congress, Obama's White House Counsel is interfering in the work of the Justice Department to negotiate very partial compliance on behalf of Rove, an old friend of his. Rather than declassifying information unnecessarily made secret, Obama is making materials secret that Bush did not. Rather than rewarding whistleblowers who had been punished for their good deeds, Obama has signing statemented away constraints on his power to retaliate against whistleblowers by firing them. Were Congress holding Bush accountable for any of these abuses, Obama would be less likely to engage in them. Once Bush and Obama engage in them without protest, it may become more difficult for Congress to change course and deny the same powers to Obama's successor. So, what can we do? There is, at http://prosecutebushcheney.org a long list of steps we can take to pressure and encourage those who need it, and to create systemic reforms that make future crimes and abuses somewhat less likely. But ultimately, we are going to need to resist through nonviolent mass action, and the sooner we realize and organize that the better. It will not be easy. It will be a lot harder than what we have done thus far. But I have seen a lot of people make great sacrifices these past few years, and their examples have the potential to inspire others. Members of Veterans for Peace have done more than anyone else. And let me give you and example from this week from a friend of ours named Cynthia Papermaster. Here's a woman with a fixed income and no health insurance who has taken a large chunk of her retirement savings out of the bank and used it to purchase air time during the most worthwhile television shows there are for advertisements demanding ,br> Drafted in preparation for panel discussion at Veterans for Peace national convention August 7, 2009, on topic of "Holding the Architects of Illegal Wars and War Crimes Accountable." |
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Recent National Issues Articles McCain could have meant Less War Healthcare mandate vs. the Constitution A healthy economy Apostle of our inner genius Wars or jobs: decide now Are Americans Too Broken for the Truth to Set Us Free? The school-to-prison pipeline Kucinich circulating privileged resolutions to end wars in Afghanistan and Pakistan National security state still killing John F Kennedy Richard Viguerie calls GOP litmus tests "Well intentioned," but urges replacement of Republican establishment leaders Craziest Obavietghanistan speech moments New civil resistance coalition formed to end the war Anti-Americans Why can't we do to DC what we did to Seattle? They should get a union KSM and MSM The two percent robustness Between hate speech and adoration Pelosi arrested us for asking for healthcare Over 2,200 veterans died in 2008 due to lack of health insurance Isolated incident Come together right now Joel Peresman of the Rock Hall Foundation says the time has come today Between hate speech and adoration Preview of Ramzy Baroud's 'My Father was a Freedom Fighter' Why I am risking arrest for Medicare for all Single-eye vision Did Obama/McCain choice matter? No one else will stop the killing -- Veteran's group to members: Multiply resistance by any peaceful means available Accepting the prize Glen Ford speaks in Columbus Heavy Traffic Who SHOULD Decide About War? Starting Another Year of War in Afghanistan Congress must pass single-payer health care now! U.S. Drug War Priorities in Need of Re-Evaluation Senator Kennedy visits then Cleveland City Councilman Govt-funded reporter urged lynching of Black Congresswoman HEALTH CARE WANTED: DEAD OR ALIVE Oligarchy rules the health care debate Six months of immunity Grand theft auto: how Stevie the Rat bankrupted GM The perfect storm The Joint Public-Option Single-Payer United Front Breaking sarcasm: Holder Joins Conyers in Demanding Action If media were any good I've Seen 1,200 Torture Photos California should pay its people in pot How to trap a torture judge A Campaign Proposal for Progressives* Two Ways to Pay As You Go Declaration of Indictment Remove the filibuster from the Senate rules The Emperor's seven signing statements Letter to Obama from a dying friend Honor our hemp-raising patriot heroes Breaking: Minnesota Supreme Court unanimously finds Franken winner Why demand to prosecute torture will grow The Iron Triangle The rise of single-payer health care Trading press events for votes: What should press do? U.S. government threatens to prosecute waterboarding Gutting the health care plan: the scorpion and the Congress Darth Vader Cheney and the next attack Justice for the privileged The Omnibus CYA Act of 2009 We don't need the General Motors Corporation New report casts exclusion of single payer option as a question of democracy and human rights Peace rising Democratic Socialists? Dems Not Half That Good Give workers what they need! Priorities Never Again George & the Water Board 76 members of Congress oppose staying in Afghanistan forever Holder's plans as clear as Gonzales' memory Why isn't Obama turning to the Credit Unions? Connell's sister now doubts plane crash was accident Renters caught in squeeze face eviction Interview with Dr. Margaret Flowers, arrested Tuesday on Capitol Hill, part two Why we risked arrest for single-payer health care Not outraged about torture? Take your torture photos to church day The hounds of heaven Pay to play politics is unacceptable for health care reform It's national Nancy Off the Table Day President Obama's war budget: analyzing the numbers Give everyone healthcare by shutting down insurance companies Torture and treason The wrong torture question The prosecution of George W. Bush and Dick Cheney The prosecution of torturers Rule of law vetoed by President Obama Take heart and have courage Karl Rove still not arrested Hard times for African-American workers Forced patriotism Geo-insanity's latest mutation Changing the rules of the blame game War casualties at home Capitalism's self-inflicted apocalypse MoveOn is not new to supporting war Is this the best we can do? Happy Birthday, Cesar Chavez! Capitalist Incarnate: My interview with a vampire Baseball: More than a man's game Let's truly honor Cesar Chavez A modest proposal Breaking: Peace activists arrested at Pentagon Government stands in the way of financial security of small farmers: NAIS program is source of deep concern A New Deal for American Workers Bill Moyers Journal: Interview with Simon Johnson Join a union, get fired Oregon Plumbers Local Endorses HR 676 Appoint a special prosecutor Kids for cash Washington & Lafayette get stoned & talk marriage An RX for nurses -- and us, too Jobs may decline, unions won't Cross of irony Coffee entrepreneur brewing trouble for George W. Bush Perriello, peace and justice What President Obama should say Truth and healing The problem with truth, reconciliation, and commissions Sit down! Sit down! Abandoning torture, but what about war? ... No intelligent life down here Keeping the Bush era viable Bolsheviks in Seattle? New letter from Leonard Peltier: A hero’s welcome Holding Rove in inherent contempt Missing the train on the recovery package President Obama must free Leonard Peltier Dangerous executive orders Childish things A New Day The shirt off my mother's back Not to remain silent Be the peace For the health of all: Camp Hope Bill Richardson - Kissinger-American The future of civilization Camp hope holds Obama to "Change" pledge Read National Issues Articles by Year: |
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