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UNITED STATES V. LYNNE STEWART
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I teach law and psychology, and also do a good deal of public speaking, mostly to lawyers, educators, and social workers. Since September 11, 2001, I have been watching closely what the Bush dictatorship is doing at home and abroad. I continue to be disgusted and dismayed by how little presumably well-education Americans know about what is going on at home in Bush's "other war," the war against you and me, and the American way of life.
For instance, many people do not know about the Patriot Act, the law that rewrote half of the Constitution and that was enacted, with only one dissenting vote in the Senate (from Senator Feingold). They don't question the airports' resemblance to National Guard training weekends. A mother this week told me that she had to pour out or drink the breast milk she had pumped for her baby's consumption on the trip (she drank it, to recycle it, so to speak). I asked this mother if that did not outrage her. Not particularly, she said. She figured "they" were doing it to protect her. From what, I asked? Did it make sense that her breast milk could be a weapon to be used to terrorize the passengers?
I have spoken to at least a dozen people this week who had no idea when I mentioned the FCC's plans to hand over the airwaves to conservative conglomerate media sources. Granted, this has not gotten huge coverage in the press--of course not--that would be counterproductive to mainstream media's efforts to control the access to information. But, it has been there--if you at least thumbed through the front section of a major daily paper (I live in the Washington, D.C. area, so poor as they are, there are two daily newspapers). I urged them to get online and send their emails to the FCC immediately, for time is running out.
I spoke to a friend last night about analogies between so many aspects of the most recent activities of the Bush administration (for instance, Rumsfeld insisting that he, and he alone, will have control over all Department of Defense employees, in addition to the military--that would be 700,000 people. That ought to scare everyone to death; given that Bush has control over another 300,000 employees of the Homeland Security--make that Insecurity--Department). One million government employees under the control of Bush and Rumsfeld. If you are not thinking Hitler, then you better start reading about how his rise to power consisted of actions like taking control of government departments (including the judiciary--which topic I will cover at another time).
Virtually everything I have been writing about is far from common knowledge to most Americans, regardless of their education level. But people in other parts of the world are watching. And thus, I share with you an email (with his permission) from a reader in Chile who responded to my Memorial Day post (also published in CounterPunch).
Read it and weep--and learn from the mistakes they made before it is too late. Time is really running out.
Dear Elaine.
Having read your article "Supreme Sacrifice," I cannot but feel vertigo at the awesome power that has become unleashed in your country for the sake of the profits of a few and the suffering of the many.
Being from Chile, I may tell you about the 1000 days it took for the Chilean people to accept the loss of freedom, which has become one morning in your country. After 30 years we are still unable to recover and take off from where we left, back in 1973.
Get ready for torture, denial, selfishness, bullies, assassinations, within and without your territory and mass ignorance, brought on with the connivance of the philistine media. I could go on and on. My sympathy to you and yours.
Kindly,
Javier Merrill
Pity that few Americans have Javier's knowledge or insight. The Germans slept through Hitler's rise to power, the Chileans through Pinochet. We through Bush. I hope that my articles, and those of my colleagues, are not someday historical records of the descent of American from democracy to dictatorship.
Read about how Hitler began his rise to power with a war on "terror."
Posted by Elaine Cassel at May 31, 2003 6:03 AM
So much in the law changed after September 11, 2001, that it would take someone more adept at database management than this blogger to keep up with it all. But one thing that stands out is secrecy in the halls of justice--secrecy in surveillance, obtaining warrants, trials of alleged terrorists, and deportation hearings of immigrants. Thousands of immigrants have been deported for technical VISA violations. Before they were deported, many were held in secret and were tried and deported in secret.
The policy was implemented on Sept. 21, 2001, in a memorandum from Chief Immigration Judge Michael Creppy. Acting at the behest of Attorney General John D. Ashcroft, Creppy ordered that all "special interest" deportation hearings be closed to all visitors, family members and news reporters. What might "special interest" mean? Don't ask. Justice won't tell you, the alien, or even the judge.
Some members of the press raised the ruckus about this practice. Namely press in New Jersey and Cincinnati (I wonder if the New York Times and The Washington Post would have been outraged. I doubt they would want to get their hands dirty). The federal trial judges in New Jersey and Cincinnati both ordered that the trials should be open to the public, ruling against the government's claim of "special interest."
But federal appeals courts ruled differently. The 3rd Circuit Court of Appeals reversed the judge in New Jersey, finding that Bush and Ashcroft were above the law, now that we are in a war with "terror." So whatever the administration wants, it gets. The 6th Circuit Court of Appeals upheld the trial judge's ruling that such hearings be open. The government did not appeal. Why? Perhaps because the government can move an alien any place in the country and find a forum where trials will be closed. Indeed, in an outrageous move that ought to have been contempt of court, when the New Jersey judge ordered that the hearings be open, Justice moved deportees out of New Jersey under cover of darkness to undisclosed, presumably government-friendly, venues.
But the plaintiffs in the New Jersey case appealed for the Supreme Court to reverse the 3rd Circuit. Generally, this Supremes love this type of case--as they get to resolve a split in the circuits and make an example of the circuit they find to be dead wrong (federal appeals courts take in the trial courts of several states).
The Supreme Court this week refused to hear the case, letting stand the New Jersey appellate court's order that keeps trials closed in that jurisdiction. Why didn't the Supreme Court take the case and give the government's its certain hat trick? Well, for some reason, Solicitor General Ted Olson (remember that he argued Bush's case to the Supreme Court that got Bush appointed as President) wrote to the Court and asked them not to hear it. He said that there were not that many more aliens awaiting deportation anyway, so why clog the docket?
Surely Olson must have thought that there was some chance that the government might lose, though I cannot imagine how. And I cannot think that the Court would hesitate to show its heavy hand. And surely it would, because no way this Court is going to deny Bush anything, let alone when it comes to immigrants. After all, as reported earlier this month in this space, the Court recently lowered the bar for rights due resident aliens (see my post entitled "Good Enough For An Alien").
Ashcroft, of course, was quick to claim the court's denial of the appeal as a victory in, you got it, the war on terror. Said His Highness, DOJ closed the hearings "to protect the public interest." Huh? And he and his minions actually had the nerve to assert before the trial courts that they were protecting--are you ready for this--the "privacy" (privacy!)--of the aliens, who would be embarrassed or shamed by the hearings. I kid you not. They arrested, held, tried, and deported in secret to help them out! And, as a little side advantage, help out the government which is accountable to no one in secret proceedings.
Look for secret trials in this country to gather momentum. Justice and the Pentagon are trying out the procedures in Guantanamo. They may soon come to a federal court near you.
Posted by Elaine Cassel at May 30, 2003 4:46 AM
Michael Powell, son of Secretary of State Colin Powell, and Chairman of the FCC, is responding to the hundreds of thousands of protests from Americans about the FCC's planned "deregulation" of media licensing provisions with the attitude of a seasoned dictator.
His proposed rule change would open up the airwaves to one or two media conglomerates, such as Rupert Murdoch and his far-flung enterprises, which would control the public access to the media. In effect, the deregulation could leave the public with only the news and entertainment that the giants--conservatives, the lot of them-want you to hear and see. How would you like a steady diet of all Fox, all the time?
The public outcry has been huge and disparate. Organizations from the ACLU to the National Rifle Association to Common Cause are protesting the plans that could render the First Amendment a ghost of times past (hell, it almost is, already). Howard Dean, the only democratic presidential hopeful to really stand for something, called yesterday for a delay in the vote and full congressional hearings.
Powerful Powell, with Daddy and Bush at his side who are promoting his dirty work, promises not to be swayed by public opinion. Echoing George Bush on his imperialistic war plans and budget-busting tax cuts, Powell says, we (don't you just love that imperial "we"--it sure it not you and me, he means) don't govern by polls and opinions. "We have to exercise difficult judgments and abide by the law."
What law would that be? Certainly not the Constitution I read. Must be the Bush-Ashcroft expurgated version. And if you thought this was a democracy you were living in, no better proof of your delusion is needed than this attitude of your government. The airwaves are supposed to belong to the people. The FCC is supposed to protect "our" access to them.
Powell did not read that part of the law. And what you want to do with your airwaves matters not one whit to Powell and the band of Bush autocrats.
The rule change comes up for vote June 2. Register your support for the First Amendment through the ACLU website. Or send email to all five commissioners.
Oh, by the way, one little warning that I hope won't deter you: Did you know that under the USA Patriot Act flooding the government with emails that express what you want your government to do for you could be considered an act of terrorism? Yes, indeed. You are using a computer to influence politics and that use may overload or crash a system. But I hear that conditions have improved at Guantanamo!
Posted by Elaine Cassel at May 29, 2003 5:18 AM
The government is facing problems in its prosecution of Zacarias Moussaoui, alleged to have been involved either with the hijackings of September 11 or a latter foiled planned attack (the government has not yet chosen its theory of the case). Once the German government nabbed and prosecuted Ramzi Binalshibh, allegedly the mastermind behind the September 11 "plot," Moussaoui and his "stand-by" attorneys (fired by their client but asked by Judge Leonie Brinkema to stand by and help her help him get a fair trial) have been adamant about gaining access to Binalshibh in order to find out what he knows that can help Moussaoui's defense.
The government already knows what he knows and knows that it will help Moussaoui's case. Binalshibh has said that Moussaoui was not involved in September 11, but had some mischief planned for another time. Judge Brinkema ordered the government to make Binalshibh available for deposition by Moussaoui and his lawyers. The government refused and is pleading with the 4th Circuit Court of Appeals (go to the Supreme Court, make a hard right, and there you will find the 4th Circuit), hoping that it will tell Moussaoui to pack sand.
And the 4th Circuit, which earlier this year refused to let Yasir Hamdi see a lawyer (he is an American citizen named as an "unlawful combatant") or require that the government press charges against him or release him, is likely to rule against Moussaoui. For in Hamdi's case, they said that really, they would rather let Bush run the country his way during "war time." They said that the battle ground of the "war on terror" will constantly change; indeed, they suggested that the whole world is the battleground. So anyone arrested anywhere could be an "unlawful combatant." Further, they said it could last a very long time, this war. And they would wait for Bush to tell them when it was over. Until then, they might as well put their robes in mothballs.
Given their ruling in the Hamdi case, my bet is that Moussaoui will lose. If so, the government case will proceed in Brikema's courtroom. But if the government loses, it promises to take Moussaoui away from Virginia to Guantanamo, where he can be tried there by a new military commission. No worry about how the case will turn out there. Each case will be customized to fit the defendants, who will be personally picked by Bush himself! And no appeal of the commission, but to Bush himself. Trying him in Guantanmo would insure a death sentence. Appealable only to Bush. Remember how Bush laughed at Carla Tucker of Texas who was executed. Imagined the giggles he will get when he signs Moussaoui's death warrant.
Judge Brinkema is showing the best of justice; Moussaoui's lawyers are staying in the kitchen when the government turns up the heat. But the Bush Administration, being the authoritarian regime that it is, owns the kitches and the knives. And, according to Victoria Toensing, former DOJ attorney who helped set up the terrorism unit, the American legal system was not designed to try "terrorists." Too untidy, to use a Rusmfeld-ism.
Dispensing with the complications of the Constitution would make life so much easier for the Bush regime. Military commissions could be a testing ground for what is in store for you and me. Pity that most don't see that justice denied for Moussaoui will mean the same for them. Sooner rather than later, I predict.
Posted by Elaine Cassel at May 28, 2003 5:03 AM
We are at war, Bush says. At war with "terrorism." Like the war on drugs, the war on terror can never be won. For one thing, terrorism is so loosely defined it can mean anything—including my writing this article. On a more logical level, terrorism, like its more prosaic rhetorical cousin, violence, will be around as long as there are disparate powers and as long as dispossessed, frustrated, and even maniacal people want to use violence to influence politics.
So Bush has gotten himself a free ride to becoming an authoritarian ruler. And rule by fear, he will. The current return of "homeland security" status to "orange alert" is a perfect example. Just when people thought they might enjoy a holiday, back it comes. With highway signs and everything, to make sure everyone is good and jittery. So that everyone will look to Bush and law enforcement to protect us. So that we will be "grateful" that our liberties are being sacrificed in order to protect us.
Two articles in the Sunday Washington Post, a paper so hawkish and pro-Bush it has ceased to become a source of hard news for me, are worthwhile background writing. The Post writers have been virtually silent about the loss of liberties since September 11. Now they are beginning to write a line or two about what we have lost and what the future holds. Too little, too late, but better than nothing at all.
E. J. Dionne, Jr., who used to be anti-war, but fell in with the rest of the Post editorial and op-ed writers, 100 percent of who came out in favor of the war, has an interesting piece in Sunday's Post about the politics of terror and how Bush is using it masterfully. That is what fascist regimes do, rule by and through fear (my words, not his). And Warren Getler, a guest columnist, gives us a much-needed history lesson in why the Supreme Court will be likely to do as it did in the Civil Warn, and stand by and let the President do what Presidents are wont to do in times of war—rule like autocrats (though Getlin seems not to get the point).
Getler's piece hints at the darker side of Bush's scheme. Though Lincoln, he said, trampled on civil rights during the Civil War, he did not do so under a shroud of secrecy. Nor did Lincoln single out certain groups of people as suspicious, as Bush and Ashcroft are doing. The extent to which secret surveillance, warrants, detentions, and trials are taking place even as I write this is unprecedented in our history. In the name of fighting terror, Bush and Ashcroft are clamping down on law-abiding, tax-paying Americans. We are supposed to be grateful for this—that is he saving us "terrorists" while establishing an authoritarian regime.
Last week, in an interview with the Washington Post, White House counsel Alberto Gonzales hinted at the Bush plot. Speaking about how Bush has been taking unto himself unprecedented powers, such as personally deciding who will be tried in military tribunals, refusing to share information with the Congress, imposing restrictions on access to the papers of former presidents, and pushing for judicial candidates who will carry out his agenda, Gonzales said, "Ultimately, quite frankly, it is going to be up to the courts to tell us if we've made the right decision."
This is where Getler falls short. He holds out the false hope that this Supreme Court will not let Bush go the limit. He quotes, but fails to recognize the irony of his quote, Justice Rehnquist, who, most presciently, wrote a book on wartime presidential powers in 2000 (what did Rehnquist know that we didn't?). Rehnquist said, "Perhaps it may be best that the courts reserve their serious consideration of questions of civil liberties which arise during wartime until after the war is over."
The Chief Justice has spoken unambiguously. Don't think that the Supreme Court is going to save us from Bush and Ashcroft. And don't think that Bush, Ashcroft, and Alberto Gonzales don't know it.
Posted by Elaine Cassel at May 27, 2003 5:46 AM
Memorial Day is the day we set aside to honor those who have made the ultimate sacrifice for the freedoms of life that the Bush Administration is taking away. In that respect, this Memorial Day is most poignant. Can it be that those hundreds of thousands of sacrifices have now been in vain—because one Administration, drunk on power and ruling by fear, will dismantle the Constitution to promote the interests of wealth and privilege?
Never have I thought more about the significance of Memorial Day than on this day. Spending so much time reading and writing about the loss of freedom put this day in a new perspective. Sad as I was upon waking this morning, I even more so as I read about yet another young man (African American, of course) about to be put to death by the machinery of my state, Virginia.
Then it came to me—why not add a new category of people to honor on Memorial Day—all people that our local, state, and federal governments have killed? They, too, make the ultimate sacrifice in the name of "freedom." Law enforcement and justice systems tell us that by killing the innocent—and the guilty—they are making our communities safer. There you go away, they are saving us from fear, ridding the state of undesirables (as Bush says he is doing in the war on civil liberties).
At the top of the roll call of honored dead would be the two innocent, hard-working, law-abiding citizens who died at the hands of New York City police officers (NYPD) last week. One, an immigrant from Africa whose specialty was restoring African art, was killed in a ambush when NYPD were looking for people who are pirating CDs (ask yourself why, even if he were doing that, it would merit a shooting). Then there was the woman whose apartment was stormed by SWAT team members looking for criminal activity. Wrong place, wrong person—she died of a heart attack in the melee.
We could add all those, known and unknown, who have been executed by the state for crimes they did not commit. We could add all those who have been executed for crimes they did commit—for a state that kills its own is a sad, sick government that relishes in the ultimate act of power—taking life away in the pretext of doing "justice."
Then we could add those whom the state executes who are so mentally ill that their murder by the state rises above the "normal" execution. I am talking about 24-year-old Percey Levar Walton, whom Virginia plans to execute (yes, Virginia, there is an electric chair in the Commonwealth) this coming Wednesday night.
Percey was 18 when he killed three of his neighbors in a senseless violent rampage. His senselessness was born of schizophrenia, that brain disease in which causes its sufferers to be cut-off from reality, and to live in a world of delusions and hallucinations. One wonders what kind of representation Percey had to even be convicted—so obvious was his illness. But, of course, Virginia is second only to Texas in the number of people it executes, and Virginia is a fraction of the size of Texas. Virginians love their guns, and love to kill. The state death machinery only mirrors its citizens' sick obsession with taking life.
In order for Percey's life to be taken Wednesday by shocks of electric current frying his already sick brain, it has to make a minimal showing that he is "competent" to be put to death. Now there is a sick concept for you—state psychiatrists have to say that he knows he is about to die and that he is doing so to expiate for his sins against the Commonwealth. Psychiatrists have already done their part. They are not partial, mind you. They work for the state. Their jobs depends on telling the warden what he wants to know—that the man is ok to die.
Last year the Supreme court ruled in another Virginia case, Atkins v. Virginia, that the mentally retarded should not be executed. But that logic has not extended to the mentally ill, some of whom, like Percey, are so deranged that they think they are Jesus Christ, Batman, Superman, or, the King of Hearts. Go figure that atrocity—and while you are at it, think of the triad of hatred in Justices Rehnquist, Scalia, and Thomas, all of whom lust for blood and death. They rail against any mention that anyone should not be put to death, including, in Scalia's case, a belief that "horse thieves" should be hung today because they were in the early days of the country. So look no further than sickness in the high court to wonder why men like Percey are likely to die Wednesday. The bean-counting governor, Mark Warner, is not likely to risk his future political ambitions (though Virginia governors serve only one term, they all aspire to higher office; former governor George Allen is now, sadly, a U.S. senator, and former governor Gilmore was once the head of the Republican National Committee and now has some cushy job in Homeland Security) by speaking out for a man who represents no constituency.
Prosecutors, with blood on their hands, say that mental illness should be no defense to execution because then convicted inmates could "fake" illness to escape dying in the chair or by injection. Or, in the words of one prosecutor, start talking about "little green men," as their exeuction draws near. Like a state psychiatrist could not tell the difference? And if he or she could not, that means that they are not qualified to render a condemned man or woman competent to die, either. Seems like this logic could cut both ways.
Baring some relief from the federal courts, and you can imagine the likelihood of that happening, Percey Levar Walton, age 24, will become another statistic in the state record books. And proof that we have no shame as a society when we would take pride, joy even, as Scalia does in the death penalty, in killing the sick, the deranged, the demented.
So, on this Memorial Day, let's remember those who by reason of birth, nationality, ethnicity, race, age, geography, social status, and even bad luck, whose lives are taken by a government who could, if it would, show compassion and decency. But who won't, because those traits don't buy votes. And dead men can't vote.
Posted by Elaine Cassel at May 26, 2003 6:51 AM
After ruining the lives of eight Muslim men in Evansville, Indiana wrongfully accused of having terrorist connections, the FBI says "sorry." A false tip from an angry wife of one of the men led to them being rounded up, removed from their homes, detained in a prison in another city as "material witnesses" (under a law that allows the government to hold you without limit because you might have some information they want to use, someday, about someone or something) without access to family or attorneys. Their businesses and lives are effectively in shambles.
The FBI's hollow apology is an insult. For they say they would do it again. Apparently, the FBI uses no discretion in investigating "terrorism" leads, an appalling revelation given that now, in silly Code Orange alert, Americans are told to "report suspicious activity."
Those reports from crackpot strangers or vengeful significant others is a death sentence to a person's reputation and ability to earn a living. You have no rights when you are held as a "material witness."
And, in case you are wondering what the courts do about this type of thing--if you are lucky enough to have someone plead to a judge in your behalf (you cannot do so, you are locked up incommunicado), courts are generally giving the government all the rope it wants to hang you. Oh, maybe after a year or so judges say you ought to be questioned or released. But as I have reported repeatedly on this site, only one or two federal judges in the entire country have shown any regard whatsoever for your civil liberties.
With the Senate approving most of Bush's right-wing judicial nominees who will, you can be sure, be advancing government control of every aspect of your life, your chances of meaningful review of violations of civil liberties in a federal court will be virtually nonexistent for the next 40 to 50 years.
Posted by Elaine Cassel at May 25, 2003 9:56 PM
In a case that has dragged on for years, U.S. Distrct Court Judge Royce Lamberth has repeatedly found Gail Norton, Secretary of the Department of Interior, administrators of the American Indian Trust Fund, and Department of Justice attorneys, guilty of contempt of court for repeatedly violating his court orders.
When the Judge orders Norton or the lawyers to do something, do they comply? Of course not. This is but one skirmish in the battle of the Bush administration in the war against the rule of law.
Don't kid yourselves; the Bush administration is no law and order administration—unless they write the laws or "their" judges rule. No, they do what they damn well please when they please.
Cheney refuses to turn over records about his meetings with energy fat-cats in the White House, terrorist-trial prosecutors refuse to let suspects and defendants see their lawyers despite repeated court orders to do so, John Ashcroft violates judicial gag orders, and Gail Norton discloses information on the Interior website site that Judge Lamberth specifically ordered her not to disclose (leading Lamberth, bless him, to order the plug pulled on the entire Interior website for a time).
In one of his most recent attempts to get the attention of the sanctimonious Department of Justice attorneys who are covering for Norton while trying to pull another stunt to circumvent his rulings, Lamberth order that the lawyers pay their own fines for the contempt citations. But guess what they did? They went whining to Ashcroft and big Daddy Bush; now tucked into some spending bill is a law that makes the American taxpayers foot the bill for these lawyer's fines. Further, the law caps the compensation for the court overseer that Lamberth engaged to watch Norton et al., who are supposed to be watching out for the American Indians and their money.
No law but my law, Bush and his cronies may as well say. They think they are God, to be sure. But that delusion does not bother me nearly as much as their thinking—and I guess, being—above the law.
Posted by Elaine Cassel at May 24, 2003 10:23 PM
The Pentagon announced this week that it is preparing to handpick some ten or so hapless prisoners at Guantanamo, charge them with crimes as yet unidentified, and give them a defense attorney under the control of the Pentagon.
The proposed "military commissions," as they are called, have been created according to the whims of Rumsfeld, Bush, and Ashcroft to serve the purposes of the Bush administration. The commissions may or may not follow traditional rules of military tribunals. Prosecutors do not know what crimes the prisoners will be charged with, but they are special crimes created by Rumsfeld and his staff. The masterminds are, even now, we are told, scouring law review articles to get ideas about law and procedure.
Not only will the judge, jury, and prosecutor be military officers, but so will the defense attorneys appointed by the Pentagon. The chief defense attorney bemoaned the fact that he was passed over for the heroic task of being the prosecutor. Alas, he mourns, I shall just have to do my duty and go through the motions of helping to give the prisoners a "fair" hearing.
To what end? So that the prisoners can be hastily dispatched to their almost-certain deaths or harsh punishment? It is amazing how often the topic of death penalty arises when the Pentagon speaks of these matters. Prisoners have not even been charged with crimes, but the Pentagon wants to get the death warrants ready. Legal experts critical of the plans say that the procedures are crafted to make winning convictions and getting the death penalty as easy as possible.
Rumsfeld and his prosecutors will likely make sure that the crime fits the punishment, rather than the punishment fitting the crime. Recall how successful Rumsfeld was at touting weapons of mass destruction as the reason to rush into Iraq. The same propensity to lie will surely be apparent in these proceedings. The Pentagon will make sure the crime fits the chosen punishment, rather than making the punishment fit the crime.
Should the poor prisoner like to have a civilian lawyer, Rumsfeld will arrange for that. As long as he approves of the attorney, the attorney has a secret security clearance, will work for no pay, will agree to have all attorney-client meetings and conversations monitored, and will abide by a life-long gag order about what transpired there. Oh, and one other thing, they won't get to see or hear all the evidence against their client. The judge, prosecutor and jury (consisting of military officers) will, but not the attorney and the defendant. This is precisely what is taking place in the trials of New York attorney Lynne Stewart and so-called "potential" hijacker Zacarias Moussaoui (see related articles on this page).
"To some extent, these things are not set up to give a fair trial, but set up to compel guilty pleas out of people," said Michael Ratner, president of the New York-based Center for Constitutional Rights.
Once convictions are handed down (and do you doubt that this will be the case?), there will be no judicial review. Convictions and sentences will not be review able by any court.
The Bush administration is dismantling the basic tenets of criminal justice that defendants and defense attorneys have paid dearly for these 225 years. What laws and procedures it does not like, it erases. Now it is doing the same in the context of international law and military tribunals.
One thing is certain—the world is already watching. The UK and Australian presses already have had more articles on these commissions than most American papers. The American reputation for trampling on international law was apparent in the invasion of Iraq; the next front is Guantanamo, as it picks off easy targets in its campaign to punish someone--anyone--for the September 11 attacks.
Read the Pentagon's spin on the military commissions.
Posted by Elaine Cassel at May 23, 2003 10:41 PM
Activist attorney Lynne Stewart, who was court-appointed to defend the blind Sheik Abdel Rahman in charges arising out of the 1993 World Trade Center bombing, is charged with aiding and abetting her client's "acts of terrorism" by speaking to the press about her client's politicial position. She is being criminally prosecuted for doing what lawyers do--advocating and speaking for her client. In the world according to John Ashcroft, the lawyer becomes synonymous with the client. This is an unheard of spin on the attorney-client relationship, one that defies hundreds of years of history of professional obligation and duty. Ashcroft has made lawyers--as well as their clients--targets in his war on civil liberties. He would vilify lawyers who uphold the highest tradition of their profession.
Now Michael Tigar, an activist himself, who has spent his lifetime representing controversial clients and causes (and as the target of an FBI false smear tactic, former Supreme Court Justice Brennan withdrew his offer to the young Tigar to clerk for him), is representing Lynne Stewart. No case could be more fitting for him than this one. And in this terrorist trial, the government has an attorney who won't be timid in calling the judge and the prosecutors on their illegal conduct.
In a letter Tigar wrote to Judge Koeltl on May 21, Tigar lambasts the prosecutor's suggestions that it, and it alone, will decide what evidence Tigar and his client get to see. Though the prosecutor refers to the documents as "classified," no proof, let alone rationale, of their classified status has been disclosed. Morever, the prosecutors say that as to the documents they will let Tigar and his team see, they, the prosecuors and/or their agents, will "monitor" Tigar and his staff to see what they do with the information. Of course, they may also be monitoring his meetings with his client. Ashcroft wrote that into law a couple of years ago.
The judge signed an order agreeing to the government's proposal, before Tigar had an opportunity to comment on the plan. Tigar warns the judge that the court's control of the evidence is a violation of the separation of powers between the Executive (that would be DOJ and Ashcroft) and the Judiciary (Judge Koeltl) branches of government, and a violation of defendant's due process rights.
Incredibly, Tigar's letter to the judge is dated the same day the story broke about the government's secreting of evidence from alleged drug kingpin Ochoa and his attorney (see the article on this page). As I noted, Ochoa's attorney, Roy Black, suggested that the government might be trying to hide its own misconduct in extorting money from drug lords to aid the efforts of the right-wing paramilitary in Colombia.
In the Stewart case, Tigar pulls no punches in calling it as he sees it: "The secrecy in this case," he says, "apparently relates to political acitivty in Egypt. Given the United States official support for the Mubarak regime, it is certainly possible that the government is using secrety as a shield for preferring that regime's state-sponsored terrorism to non-governmental criminality directed at regime change."
Tigar goes on to warn the judge that the message to lawyers and clerks who are involved in the case, that they must be subject to "background checks" if they wish to read case documents, sends the same message that the FBI, by its own words, tried to send him as a young man--that they would teach the young Tigar a "bitter lesson" in return for his dissident views.
Tigar indeed learned a lesson--and learned it well. He learned not to sit stll for government threats and to fight back at injustice. Tigar will confront the government and Judge Koeltl in arguments on important motions in federal court in New York City on June 13. The trial is set for January 2004.
Read more about the Lynne Stewart case and Michael Tigar through the links on the right on this page.
Posted by Elaine Cassel at May 22, 2003 8:26 PM
Fearless Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia (Alexandria Virginia) has upset the government by making good on her promise to give Zacarias Moussaoui, indicted for involvement in the September 11 hijackings (though, of late, the government's theory of the case is shifting), a fair trial.
The government has appealed her order that Moussaoui be allowed to question Ramzi Binalshibh, the government's star witnesses against him, pursuant to the Federal Rules of Criminal Procedure. In an effort to avoid a showdown in the 4th Circuit Court of Appeals in Richmond (the federal court that makes the Supreme Court look moderate), the appellate court directed the parties to try to "resolve" the issue.
The government's idea of a resolution was that it, the government, would tell Moussaoui's attorneys (who exist in some nether-world, as Moussaoui represents himself but Judge Brinkema has then on the case as "stand-by" counsel) what Binalshibh would say at trial.
While the arrogance of the government attorneys is boundless, Brinkema knows a scam when she sees one. She refused the government's proffer and offer of compromise, saying that it will not "provide the defendant with the same ability to make his defense" as would a deposition of Binalshibh.
This is one judge who is not abdicating her authority under the Constitution. She is sticking to the unexpurgated version of the Bill of Rights, not the Ashcroft revision.
Read more about it in this Washington Post story.
Posted by Elaine Cassel at May 22, 2003 4:03 PM
A disturbing case out of Florida is a wake-up call to all of you who think that secret trials are reserved for unlawful combatants, terrorists, and immigrants waiting deportation and asylum hearings. Seems that the trial of accused Colombian drug kingpin Fabio Ochoa in U.S. District Court in Miami does not even appear on the docket! What's more, prosecutors and judges, according to one of Ochoa's attorneys, the esteemed Roy Black, are hiding information essential to their client's defense.
Fair and open public trials are the hallmark of the American judicial system. But this 6th Amendment guarantee has been seriously undermined by the USA Patriot Act and Executive Orders signed by Bush and Ashcroft that have the effect of law. Don't like the Constitution? Here, a stroke of the pen will take care of that. No need to wait on Congress and the Courts to do your bidding (though they would, we know that).
What is the government hiding in Ochoa's case? According to his attorneys, it might come to light that the government has extorted money from drug kingpins to bankroll right-wing paramilitary groups (remember Iran contra?) in Colombia. Maybe that is why the judge and prosecutors seems to be colluding to keep the trial and much of the evidence secret.
The ACLU has joined in Ochoa's suit asking the Eleventh Circuit Court of Appeals to order the Clerk of the Court to cease keeping a dual docket—one secret and one public. The ACLU rightly claims that such a practice violates the public's First Amendment and common-law rights of access to court proceedings, the defendant's right to a fair trial, and the constitutional doctrine of the separation of powers between the executive and judicial branches of government.
And, there's the real rub, the one that connects this trial to what Ashcroft and Bush, with the complicity of judges, are doing in "terrorist-related" trials. Ashcroft and Bush decide who will get a trial and just what kind, and the federal judges, many of who have Bush I, Bush II, or Reagan to thank for their life-long tenure, are, as of this date, just happy to roll over and give the Executive what it wants. No separation of powers there.
What does the Clerk of the court have to say about the Ochoa trial? Denial, of course, saying there is no "secret" docket, when the truth is plain as day. The case is not on the public docket. But you know the rules of political rhetoric. Saying it makes is so.
Though the briefs filed with the Eleventh Circuit rely on a 1993 case (U.S.v. Valenti) that said that a dual docketing system is illegal, don't count on the appellate judges to uphold their own precedent.
After all, when national security is at risk, all rules--and rights--are off the table. But it is for our own good, you know. As Ashcroft has said repeatedly, "We are not taking away your rights. We are protecting your security."
Yea, right. And here we go, sliding even faster down the slippery slope of authoritarianism. Or as my fellow blogger, Mark Gisleson, suggests, maybe we are already well down the road to fascism.
Posted by Elaine Cassel at May 22, 2003 3:50 PM
Are the American people as stupid as the government makes us out to be? Change the name of some horrifying program and we will forget what it does? Think it is as something innocuous?
Do you remember about four years ago with Louis Freeh (remember him, of FBI fame) announced a new FBI surveillance system? Called it "Carnivore." Of course, now Carnivore, by any name, as a program, seems downright innocent when compared to Total Infomation Awareness.
But people so freaked at the name "Carnivore," that the FBI changed its name to DCS1000! And, there you are! No one worried anymore about the pit-bull of a software program watching your email for nasty references to the government.
Fast forward to 2003. Total Information Awareness. John Pointdexter. Convicted of lying to Congress about Iran-Contra (and by God, he would do it again, he says. Sell arms to Iran AND lie about it. Bush's kind of guy). He developed a global surveillance system that will track everything about you from the pizza you eat, the beer your drink, the books you read, the email you send and, we found out this week, the way your walk. And keep a record of it, against which to find a pepperoni-pizza eating, Molson's Light beer-drinking, sci-fi reading, trash talking man or woman who might be a "person of interest" to DOJ, DOD, and the FBI.
Well, seems like people--and even a few members of Congress, though damn few--didn't much care for the idea of every breath we take being watched AND recorded for data purposes. So, voila! Change the name.
Presto, in a flash, this week, the Pentagon announced that forthwith the name of the program will be "TERRORISM INFORMATION AWARENESS." Ah, now who could argue with information about terrorists! Like, who could argue with a law named USA PATRIOT?
Well, there you have it folks. Let's see how ignorant the American collective consciousness is. Let's see how long we remember that tracking our every move, our every cent, our every sigh is a despicable erosion of civil liberties.
No matter what you call it.
Read more about what John Pointdexter has in store for you in these Washington Post and New York Times articles.
And read the report to Congress from DARPA on the newly named Terrorism Information Awareness.
Posted by Elaine Cassel at May 22, 2003 5:00 AM
Your blogger does not comment on the war in Iraq, now the imperial occupation of Iraq, leaving this topic to the experts, like my editor Steve Perry, and his blog, Bush Wars.
And I have quite enough to worry about keeping an eye on what Ashcroft is doing (and, more importantly, "un"doing) to us here in the USA. Shredding the constitution, dismantling the Bill of Rights, mocking the very concept of justice with his hardball and sometimes out-right illegal tactics of overreaching indictments, secret arrests and detentions, violation (he and his attorneys) of court orders, and much more.
But the news report that came out this morning that Ashcroft had hand-picked a team of 25 judges, police officers, lawyers and legal professionals to go to Iraq cannot go without comment in this space.
Always hyperbolic and dramatic, Ashcroft evidenced a sense of humor when he said that his team will show the Iraqis how to build ''an equitable criminal justice system, based on the rule of law and standards of basic human rights.''
Oh, really? What is his model? Certainly not the one we have in the US since the reign of Bush II. Where the rule of law means Ashcroft and Bush's law, which they create out of executive orders, bypassing the legislative process; they violate national and international laws at whim, if they don't like them. They engage in Alice-in-Wonderland thinking and rhetoric, where the mere change of a word (say "unlawful combatant" instead of "prisoner of war," and no Geneva Convention rules apply, they say) alters universal legal principles.
Yes, let's bring American justice to Iraq. Let's teach them about justice of the rich and powerful, by the rich and powerful, for the rich and powerful. Let's teach them about coerced confessions, corrupt and lying law enforcement, bigoted judges, false convictions, and death sentences for the innocent. Let's teach them about Tulia, Texas, where one cop was responsible for dozens of innocent people being convicted and receiving long sentences for drug crimes they did not commit. Let's teach them about forensic experts in Texas and Oklahoma who make up and taint evidence so innocents can be sentenced to death for crimes they did not commit. Let's teach them about cops who shoot and kill innocent people reaching for their identification, like Amadou Diallo in New York City. Of cops that beat and sodomize "suspects," then lie about it and get away with it. And don't forget about executing juveniles--we must bring that practice to Iraq, and soon.
Let's teach them about judges that roll over for their President and give him whatever he wants, Constitution be damned. And by all means, let help them build a Supreme Court that ignores the Constitution and any other law, state or federal, that does not serve its political agenda; that rules that an innocent defendant being put to death is "not our problem," and that appoints the President of the country when the people's choice does not suit them.
Let's send American justice to Iraq.
Posted by Elaine Cassel at May 21, 2003 6:13 AM
Posted by Elaine Cassel at May 20, 2003 7:52 PM
This blog does not generally reprint articles from elsewhere, but this speech given by Arundhati Roy on Monday evening is too good to pass up. Among her many excellent comments is one that is striking for its ironic truth--that while claiming to establish "democracy" in Iraq, the Bush Administration is dismantling democracy at home.
Roy reminds us that the civil liberties that were reserved to the people by the Bill of Rights (thanks to George Mason) will not be recovered once they are wrested away. And that we have only ourselves to blame if we let that happen.
Arundhati Roy
Sponsored by the Center for Economic and Social Rights
May 19, 2003
TERROR WAR
In these times, when we have to race to keep abreast of the speed at which our freedoms are being snatched from us, and when few can afford the luxury of retreating from the streets for a while in order to return with an exquisite, fully formed political thesis replete with footnotes and references, what profound gift can I offer you tonight?
As we lurch from crisis to crisis, beamed directly into our brains by satellite TV, we have to think on our feet. On the move. We enter histories through the rubble of war. Ruined cities, parched fields, shrinking forests, and dying rivers are our archives. Craters left by daisy cutters, our libraries.
So what can I offer you tonight? Some uncomfortable thoughts about money, war, empire, racism, and democracy. Some worries that flit around my brain like a family of persistent moths that keep me awake at night.
Some of you will think it bad manners for a person like me, officially entered in the Big Book of Modern Nations as an "Indian citizen," to come here and criticize the U.S. government. Speaking for myself, I'm no flag-waver, no patriot, and am fully aware that venality, brutality, and hypocrisy are imprinted on the leaden soul of every state. But when a country ceases to be merely a country and becomes an empire, then the scale of operations changes dramatically. So may I clarify that tonight I speak as a subject of the American Empire? I speak as a slave who presumes to criticize her king.
Since lectures must be called something, mine tonight is called: Instant-Mix Imperial Democracy (Buy One, Get One Free).
Way back in 1988, on the 3rd of July, the U.S.S. Vincennes, a missile cruiser stationed in the Persian Gulf, accidentally shot down an Iranian airliner and killed 290 civilian passengers. George Bush the First, who was at the time on his presidential campaign, was asked to comment on the incident. He said quite subtly, "I will never apologize for the United States. I don't care what the facts are."
I don't care what the facts are. What a perfect maxim for the New American Empire. Perhaps a slight variation on the theme would be more apposite: The facts can be whatever we want them to be.
When the United States invaded Iraq, a New York Times/CBS News survey estimated that 42 percent of the American public believed that Saddam Hussein was directly responsible for the September 11th attacks on the World Trade Center and the Pentagon. And an ABC News poll said that 55 percent of Americans believed that Saddam Hussein directly supported Al Qaida. None of this opinion is based on evidence (because there isn't any). All of it is based on insinuation, auto-suggestion, and outright lies circulated by the U.S. corporate media, otherwise known as the "Free Press," that hollow pillar on which contemporary American democracy rests.
Public support in the U.S. for the war against Iraq was founded on a multi-tiered edifice of falsehood and deceit, coordinated by the U.S. government and faithfully amplified by the corporate media.
Apart from the invented links between Iraq and Al Qaida, we had the manufactured frenzy about Iraq's Weapons of Mass Destruction. George Bush the Lesser went to the extent of saying it would be "suicidal" for the U.S. not to attack Iraq. We once again witnessed the paranoia that a starved, bombed, besieged country was about to annihilate almighty America. (Iraq was only the latest in a succession of countries - earlier there was Cuba, Nicaragua, Libya, Grenada, and Panama.) But this time it wasn't just your ordinary brand of friendly neighborhood frenzy. It was Frenzy with a Purpose. It ushered in an old doctrine in a new bottle: the Doctrine of Pre-emptive Strike, a.k.a. The United States Can Do Whatever The Hell It Wants, And That's Official.
The war against Iraq has been fought and won and no Weapons of Mass Destruction have been found. Not even a little one. Perhaps they'll have to be planted before they're discovered. And then, the more troublesome amongst us will need an explanation for why Saddam Hussein didn't use them when his country was being invaded.
Of course, there'll be no answers. True Believers will make do with those fuzzy TV reports about the discovery of a few barrels of banned chemicals in an old shed. There seems to be no consensus yet about whether they're really chemicals, whether they're actually banned and whether the vessels they're contained in can technically be called barrels. (There were unconfirmed rumours that a teaspoonful of potassium permanganate and an old harmonica were found there too.)
Meanwhile, in passing, an ancient civilization has been casually decimated by a very recent, casually brutal nation.
Then there are those who say, so what if Iraq had no chemical and nuclear weapons? So what if there is no Al Qaida connection? So what if Osama bin Laden hates Saddam Hussein as much as he hates the United States? Bush the Lesser has said Saddam Hussein was a "Homicidal Dictator." And so, the reasoning goes, Iraq needed a "regime change."
Never mind that forty years ago, the CIA, under President John F. Kennedy, orchestrated a regime change in Baghdad. In 1963, after a successful coup, the Ba'ath party came to power in Iraq. Using lists provided by the CIA, the new Ba'ath regime systematically eliminated hundreds of doctors, teachers, lawyers, and political figures known to be leftists. An entire intellectual community was slaughtered. (The same technique was used to massacre hundreds of thousands of people in Indonesia and East Timor.) The young Saddam Hussein was said to have had a hand in supervising the bloodbath. In 1979, after factional infighting within the Ba'ath Party, Saddam Hussein became the President of Iraq. In April 1980, while he was massacring Shias, the U.S. National Security Adviser Zbigniew Brzezinksi declared, "We see no fundamental incompatibility of interests between the United States and Iraq." Washington and London overtly and covertly supported Saddam Hussein. They financed him, equipped him, armed him, and provided him with dual-use materials to manufacture weapons of mass destruction. They supported his worst excesses financially, materially, and morally. They supported the eight-year war against Iran and the 1988 gassing of Kurdish people in Halabja, crimes which 14 years later were re-heated and served up as reasons to justify invading Iraq. After the first Gulf War, the "Allies" fomented an uprising of Shias in Basra and then looked away while Saddam Hussein crushed the revolt and slaughtered thousands in an act of vengeful reprisal.
The point is, if Saddam Hussein was evil enough to merit the most elaborate, openly declared assassination attempt in history (the opening move of Operation Shock and Awe), then surely those who supported him ought at least to be tried for war crimes? Why aren't the faces of U.S. and U.K. government officials on the infamous pack of cards of wanted men and women?
Because when it comes to Empire, facts don't matter.
Yes, but all that's in the past we're told. Saddam Hussein is a monster who must be stopped now. And only the U.S. can stop him. It's an effective technique, this use of the urgent morality of the present to obscure the diabolical sins of the past and the malevolent plans for the future. Indonesia, Panama, Nicaragua, Iraq, Afghanistan - the list goes on and on. Right now there are brutal regimes being groomed for the future - Egypt, Saudi Arabia, Turkey, Pakistan, the Central Asian Republics.
U.S. Attorney General John Ashcroft recently declared that U.S. freedoms are "not the grant of any government or document, but....our endowment from God." (Why bother with the United Nations when God himself is on hand?)
So here we are, the people of the world, confronted with an Empire armed with a mandate from heaven (and, as added insurance, the most formidable arsenal of weapons of mass destruction in history). Here we are, confronted with an Empire that has conferred upon itself the right to go to war at will, and the right to deliver people from corrupting ideologies, from religious fundamentalists, dictators, sexism, and poverty by the age-old, tried-and-tested practice of extermination. Empire is on the move, and Democracy is its sly new war cry. Democracy, home-delivered to your doorstep by daisy cutters. Death is a small price for people to pay for the privilege of sampling this new product: Instant-Mix Imperial Democracy (bring to a boil, add oil, then bomb).
But then perhaps chinks, negroes, dinks, gooks, and wogs don't really qualify as real people. Perhaps our deaths don't qualify as real deaths. Our histories don't qualify as history. They never have.
Speaking of history, in these past months, while the world watched, the U.S. invasion and occupation of Iraq was broadcast on live TV. Like Osama bin Laden and the Taliban in Afghanistan, the regime of Saddam Hussein simply disappeared. This was followed by what analysts called a "power vacuum." Cities that had been under siege, without food, water, and electricity for days, cities that had been bombed relentlessly, people who had been starved and systematically impoverished by the UN sanctions regime for more than a decade, were suddenly left with no semblance of urban administration. A seven-thousand-year-old civilization slid into anarchy. On live TV.
Vandals plundered shops, offices, hotels, and hospitals. American and British soldiers stood by and watched. They said they had no orders to act. In effect, they had orders to kill people, but not to protect them. Their priorities were clear. The safety and security of Iraqi people was not their business. The security of whatever little remained of Iraq's infrastructure was not their business. But the security and safety of Iraq's oil fields were. Of course they were. The oil fields were "secured" almost before the invasion began.
On CNN and BBC the scenes of the rampage were played and replayed. TV commentators, army and government spokespersons portrayed it as a "liberated people" venting their rage at a despotic regime. U.S. Defense Secretary Donald Rumsfeld said: "It's untidy. Freedom's untidy and free people are free to commit crimes and make mistakes and do bad things." Did anybody know that Donald Rumsfeld was an anarchist? I wonder - did he hold the same view during the riots in Los Angeles following the beating of Rodney King? Would he care to share his thesis about the Untidiness of Freedom with the two million people being held in U.S. prisons right now? (The world's "freest" country has the highest number of prisoners in the world.) Would he discuss its merits with young African American men, 28 percent of whom will spend some part of their adult lives in jail? Could he explain why he serves under a president who oversaw 152 executions when he was governor of Texas?
Before the war on Iraq began, the Office of Reconstruction and Humanitarian Assistance (ORHA) sent the Pentagon a list of 16 crucial sites to protect. The National Museum was second on that list. Yet the Museum was not just looted, it was desecrated. It was a repository of an ancient cultural heritage. Iraq as we know it today was part of the river valley of Mesopotamia. The civilization that grew along the banks of the Tigris and the Euphrates produced the world's first writing, first calendar, first library, first city, and, yes, the world's first democracy. King Hammurabi of Babylon was the first to codify laws governing the social life of citizens. It was a code in which abandoned women, prostitutes, slaves, and even animals had rights. The Hammurabi code is acknowledged not just as the birth of legality, but the beginning of an understanding of the concept of social justice. The U.S. government could not have chosen a more inappropriate land in which to stage its illegal war and display its grotesque disregard for justice.
At a Pentagon briefing during the days of looting, Secretary Rumsfeld, Prince of Darkness, turned on his media cohorts who had served him so loyally through the war. "The images you are seeing on television, you are seeing over and over and over, and it's the same picture, of some person walking out of some building with a vase, and you see it twenty times and you say, 'My god, were there that many vases? Is it possible that there were that many vases in the whole country?'"
Laughter rippled through the press room. Would it be alright for the poor of Harlem to loot the Metropolitan Museum? Would it be greeted with similar mirth?
The last building on the ORHA list of 16 sites to be protected was the Ministry of Oil. It was the only one that was given protection. Perhaps the occupying army thought that in Muslim countries lists are read upside down?
Television tells us that Iraq has been "liberated" and that Afghanistan is well on its way to becoming a paradise for women-thanks to Bush and Blair, the 21st century's leading feminists. In reality, Iraq's infrastructure has been destroyed. Its people brought to the brink of starvation. Its food stocks depleted. And its cities devastated by a complete administrative breakdown. Iraq is being ushered in the direction of a civil war between Shias and Sunnis. Meanwhile, Afghanistan has lapsed back into the pre-Taliban era of anarchy, and its territory has been carved up into fiefdoms by hostile warlords.
Undaunted by all this, on the 2nd of May Bush the Lesser launched his 2004 campaign hoping to be finally elected U.S. President. In what probably constitutes the shortest flight in history, a military jet landed on an aircraft carrier, the U.S.S. Abraham Lincoln, which was so close to shore that, according to the Associated Press, administration officials acknowledged "positioning the massive ship to provide the best TV angle for Bush's speech, with the sea as his background instead of the San Diego coastline." President Bush, who never served his term in the military, emerged from the cockpit in fancy dress - a U.S. military bomber jacket, combat boots, flying goggles, helmet. Waving to his cheering troops, he officially proclaimed victory over Iraq. He was careful to say that it was "just one victory in a war on terror ... [which] still goes on."
It was important to avoid making a straightforward victory announcement, because under the Geneva Convention a victorious army is bound by the legal obligations of an occupying force, a responsibility that the Bush administration does not want to burden itself with. Also, closer to the 2004 elections, in order to woo wavering voters, another victory in the "War on Terror" might become necessary. Syria is being fattened for the kill.
It was Herman Goering, that old Nazi, who said, "People can always be brought to the bidding of the leaders.... All you have to do is tell them they're being attacked and denounce the pacifists for a lack of patriotism and exposing the country to danger. It works the same way in any country."
He's right. It's dead easy. That's what the Bush regime banks on. The distinction between election campaigns and war, between democracy and oligarchy, seems to be closing fast.
The only caveat in these campaign wars is that U.S. lives must not be lost. It shakes voter confidence. But the problem of U.S. soldiers being killed in combat has been licked. More or less.
At a media briefing before Operation Shock and Awe was unleashed, General Tommy Franks announced, "This campaign will be like no other in history." Maybe he's right.
I'm no military historian, but when was the last time a war was fought like this?
After using the "good offices" of UN diplomacy (economic sanctions and weapons inspections) to ensure that Iraq was brought to its knees, its people starved, half a million children dead, its infrastructure severely damaged, after making sure that most of its weapons had been destroyed, in an act of cowardice that must surely be unrivalled in history, the "Coalition of the Willing" (better known as the Coalition of the Bullied and Bought) - sent in an invading army!
Operation Iraqi Freedom? I don't think so. It was more like Operation Let's Run a Race, but First Let Me Break Your Knees.
As soon as the war began, the governments of France, Germany, and Russia, which refused to allow a final resolution legitimizing the war to be passed in the UN Security Council, fell over each other to say how much they wanted the United States to win. President Jacques Chirac offered French airspace to the Anglo-American air force. U.S. military bases in Germany were open for business. German Foreign Minister Joschka Fischer publicly hoped for the "rapid collapse" of the Saddam Hussein regime. Vladimir Putin publicly hoped for the same. These are governments that colluded in the enforced disarming of Iraq before their dastardly rush to take the side of those who attacked it. Apart from hoping to share the spoils, they hoped Empire would honor their pre-war oil contracts with Iraq. Only the very naïve could expect old Imperialists to behave otherwise.
Leaving aside the cheap thrills and the lofty moral speeches made in the UN during the run up to the war, eventually, at the moment of crisis, the unity of Western governments - despite the opposition from the majority of their people - was overwhelming.
When the Turkish government temporarily bowed to the views of 90 percent of its population, and turned down the U.S. government's offer of billions of dollars of blood money for the use of Turkish soil, it was accused of lacking "democratic principles." According to a Gallup International poll, in no European country was support for a war carried out "unilaterally by America and its allies" higher than 11 percent. But the governments of England, Italy, Spain, Hungary, and other countries of Eastern Europe were praised for disregarding the views of the majority of their people and supporting the illegal invasion. That, presumably, was fully in keeping with democratic principles. What's it called? New Democracy? (Like Britain's New Labour?)
In stark contrast to the venality displayed by their governments, on the 15th of February, weeks before the invasion, in the most spectacular display of public morality the world has ever seen, more than 10 million people marched against the war on 5 continents. Many of you, I'm sure, were among them. They - we - were disregarded with utter disdain. When asked to react to the anti-war demonstrations, President Bush said, "It's like deciding, well, I'm going to decide policy based upon a focus group. The role of a leader is to decide policy based upon the security, in this case the security of the people."Democracy, the modern world's holy cow, is in crisis. And the crisis is a profound one. Every kind of outrage is being committed in the name of democracy. It has become little more than a hollow word, a pretty shell, emptied of all content or meaning. It can be whatever you want it to be. Democracy is the Free World's whore, willing to dress up, dress down, willing to satisfy a whole range of taste, available to be used and abused at will.
Until quite recently, right up to the 1980's, democracy did seem as though it might actually succeed in delivering a degree of real social justice.
But modern democracies have been around for long enough for neo-liberal capitalists to learn how to subvert them. They have mastered the technique of infiltrating the instruments of democracy - the "independent" judiciary, the "free" press, the parliament - and molding them to their purpose. The project of corporate globalization has cracked the code. Free elections, a free press, and an independent judiciary mean little when the free market has reduced them to commodities on sale to the highest bidder.
To fully comprehend the extent to which Democracy is under siege, it might be an idea to look at what goes on in some of our contemporary democracies. The World's Largest: India, (which I have written about at some length and therefore will not speak about tonight). The World's Most Interesting: South Africa. The world's most powerful: the U.S.A. And, most instructive of all, the plans that are being made to usher in the world's newest: Iraq.
In South Africa, after 300 years of brutal domination of the black majority by a white minority through colonialism and apartheid, a non-racial, multi-party democracy came to power in 1994. It was a phenomenal achievement. Within two years of coming to power, the African National Congress had genuflected with no caveats to the Market God. Its massive program of structural adjustment, privatization, and liberalization has only increased the hideous disparities between the rich and the poor. More than a million people have lost their jobs. The corporatization of basic services - electricity, water, and housing-has meant that 10 million South Africans, almost a quarter of the population, have been disconnected from water and electricity. 2 million have been evicted from their homes.
Meanwhile, a small white minority that has been historically privileged by centuries of brutal exploitation is more secure than ever before. They continue to control the land, the farms, the factories, and the abundant natural resources of that country. For them the transition from apartheid to neo-liberalism barely disturbed the grass. It's apartheid with a clean conscience. And it goes by the name of Democracy.
Democracy has become Empire's euphemism for neo-liberal capitalism.
In countries of the first world, too, the machinery of democracy has been effectively subverted. Politicians, media barons, judges, powerful corporate lobbies, and government officials are imbricated in an elaborate underhand configuration that completely undermines the lateral arrangement of checks and balances between the constitution, courts of law, parliament, the administration and, perhaps most important of all, the independent media that form the structural basis of a parliamentary democracy. Increasingly, the imbrication is neither subtle nor elaborate.
Italian Prime Minister Silvio Berlusconi, for instance, has a controlling interest in major Italian newspapers, magazines, television channels, and publishing houses. The Financial Times reported that he controls about 90 percent of Italy's TV viewership. Recently, during a trial on bribery charges, while insisting he was the only person who could save Italy from the left, he said, "How much longer do I have to keep living this life of sacrifices?" That bodes ill for the remaining 10 percent of Italy's TV viewership. What price Free Speech? Free Speech for whom?
In the United States, the arrangement is more complex. Clear Channel Worldwide Incorporated is the largest radio station owner in the country. It runs more than 1,200 channels, which together account for 9 percent of the market. Its CEO contributed hundreds of thousands of dollars to Bush's election campaign. When hundreds of thousands of American citizens took to the streets to protest against the war on Iraq, Clear Channel organized pro-war patriotic "Rallies for America" across the country. It used its radio stations to advertise the events and then sent correspondents to cover them as though they were breaking news. The era of manufacturing consent has given way to the era of manufacturing news. Soon media newsrooms will drop the pretense, and start hiring theatre directors instead of journalists.
As America's show business gets more and more violent and war-like, and America's wars get more and more like show business, some interesting cross-overs are taking place. The designer who built the 250,000 dollar set in Qatar from which General Tommy Franks stage-managed news coverage of Operation Shock and Awe also built sets for Disney, MGM, and "Good Morning America."
It is a cruel irony that the U.S., which has the most ardent, vociferous defenders of the idea of Free Speech, and (until recently) the most elaborate legislation to protect it, has so circumscribed the space in which that freedom can be expressed. In a strange, convoluted way, the sound and fury that accompanies the legal and conceptual defense of Free Speech in America serves to mask the process of the rapid erosion of the possibilities of actually exercising that freedom.
The news and entertainment industry in the U.S. is for the most part controlled by a few major corporations - AOL-Time Warner, Disney, Viacom, News Corporation. Each of these corporations owns and controls TV stations, film studios, record companies, and publishing ventures. Effectively, the exits are sealed.
America's media empire is controlled by a tiny coterie of people. Chairman of the Federal Communications Commission Michael Powell, the son of Secretary of State Colin Powell, has proposed even further deregulation of the communication industry, which will lead to even greater consolidation.
So here it is - the World's Greatest Democracy, led by a man who was not legally elected. America's Supreme Court gifted him his job. What price have American people paid for this spurious presidency?
In the three years of George Bush the Lesser's term, the American economy has lost more than two million jobs. Outlandish military expenses, corporate welfare, and tax giveaways to the rich have created a financial crisis for the U.S. educational system. According to a survey by the National Council of State Legislatures, U.S. states cut 49 billion dollars in public services, health, welfare benefits, and education in 2002. They plan to cut another 25.7 billion dollars this year. That makes a total of 75 billion dollars. Bush's initial budget request to Congress to finance the war in Iraq was 80 billion dollars.
So who's paying for the war? America's poor. Its students, its unemployed, its single mothers, its hospital and home-care patients, its teachers, and health workers.
And who's actually fighting the war?
Once again, America's poor. The soldiers who are baking in Iraq's desert sun are not the children of the rich. Only one of all the representatives in the House of Representatives and the Senate has a child fighting in Iraq. America's "volunteer" army in fact depends on a poverty draft of poor whites, Blacks, Latinos, and Asians looking for a way to earn a living and get an education. Federal statistics show that African Americans make up 21 percent of the total armed forces and 29 percent of the U.S. army. They count for only 12 percent of the general population. It's ironic, isn't it - the disproportionately high representation of African Americans in the army and prison? Perhaps we should take a positive view, and look at this as affirmative action at its most effective. Nearly 4 million Americans (2 percent of the population) have lost the right to vote because of felony convictions. Of that number, 1.4 million are African Americans, which means that 13 percent of all voting-age Black people have been disenfranchised.
For African Americans there's also affirmative action in death. A study by the economist Amartya Sen shows that African Americans as a group have a lower life expectancy than people born in China, in the Indian State of Kerala (where I come from), Sri Lanka, or Costa Rica. Bangladeshi men have a better chance of making it to the age of forty than African American men from here in Harlem.
This year, on what would have been Dr. Martin Luther King, Jr.'s 74th birthday, President Bush denounced the University of Michigan's affirmative action program favouring Blacks and Latinos. He called it "divisive," "unfair," and "unconstitutional." The successful effort to keep Blacks off the voting rolls in the State of Florida in order that George Bush be elected was of course neither unfair nor unconstitutional. I don't suppose affirmative action for White Boys From Yale ever is.
So we know who's paying for the war. We know who's fighting it. But who will benefit from it? Who is homing in on the reconstruction contracts estimated to be worth up to one hundred billon dollars? Could it be America's poor and unemployed and sick? Could it be America's single mothers? Or America's Black and Latino minorities?
Operation Iraqi Freedom, George Bush assures us, is about returning Iraqi oil to the Iraqi people. That is, returning Iraqi oil to the Iraqi people via Corporate Multinationals. Like Bechtel, like Chevron, like Halliburton.
Once again, it is a small, tight circle that connects corporate, military, and government leadership to one another. The promiscuousness, the cross-pollination is outrageous.
Consider this: the Defense Policy Board is a government-appointed group that advises the Pentagon. Its members are appointed by the under secretary of defense and approved by Donald Rumsfeld. Its meetings are classified. No information is available for public scrutiny.
The Washington-based Center for Public Integrity found that 9 out of the 30 members of the Defense Policy Board are connected to companies that were awarded defense contracts worth 76 billion dollars between the years 2001 and 2002. One of them, Jack Sheehan, a retired Marine Corps general, is a senior vice president at Bechtel, the giant international engineering outfit. Riley Bechtel, the company chairman, is on the President's Export Council. Former Secretary of State George Shultz, who is also on the Board of Directors of the Bechtel Group, is the chairman of the advisory board of the Committee for the Liberation of Iraq. When asked by the New York Times whether he was concerned about the appearance of a conflict of interest, he said, "I don't know that Bechtel would particularly benefit from it. But if there's work to be done, Bechtel is the type of company that could do it."
Bechtel has been awarded a 680 million dollar reconstruction contract in Iraq. According to the Center for Responsive Politics, Bechtel contributed hundreds of thousands of dollars to Republican campaign efforts.
Arcing across this subterfuge, dwarfing it by the sheer magnitude of its malevolence, is America's anti-terrorism legislation. The U.S.A. Patriot Act, passed in October 2001, has become the blueprint for similar anti-terrorism bills in countries across the world. It was passed in the House of Representatives by a majority vote of 337 to 79. According to the New York Times, "Many lawmakers said it had been impossible to truly debate or even read the legislation."
The Patriot Act ushers in an era of systemic automated surveillance. It gives the government the authority to monitor phones and computers and spy on people in ways that would have seemed completely unacceptable a few years ago. It gives the FBI the power to seize all of the circulation, purchasing, and other records of library users and bookstore customers on the suspicion that they are part of a terrorist network. It blurs the boundaries between speech and criminal activity creating the space to construe acts of civil disobedience as violating the law.
Already hundreds of people are being held indefinitely as "unlawful combatants." (In India, the number is in the thousands. In Israel, 5,000 Palestinians are now being detained.) Non-citizens, of course, have no rights at all. They can simply be "disappeared" like the people of Chile under Washington's old ally, General Pinochet. More than 1,000 people, many of them Muslim or of Middle Eastern origin, have been detained, some without access to legal representatives.
Apart from paying the actual economic costs of war, American people are paying for these wars of "liberation" with their own freedoms. For the ordinary American, the price of "New Democracy" in other countries is the death of real democracy at home.
Meanwhile, Iraq is being groomed for "liberation." (Or did they mean "liberalization" all along?) The Wall Street Journal reports that "the Bush administration has drafted sweeping plans to remake Iraq's economy in the U.S. image."
Iraq's constitution is being redrafted. Its trade laws, tax laws, and intellectual property laws rewritten in order to turn it into an American-style capitalist economy.
The United States Agency for International Development has invited U.S. companies to bid for contracts that range between road building, water systems, text book distribution, and cell phone networks.
Soon after Bush the Second announced that he wanted American farmers to feed the world, Dan Amstutz, a former senior executive of Cargill, the biggest grain exporter in the world, was put in charge of agricultural reconstruction in Iraq. Kevin Watkins, Oxfam's policy director, said, "Putting Dan Amstutz in charge of agricultural reconstruction in Iraq is like putting Saddam Hussein in the chair of a human rights commission."
The two men who have been short-listed to run operations for managing Iraqi oil have worked with Shell, BP, and Fluor. Fluor is embroiled in a lawsuit by black South African workers who have accused the company of exploiting and brutalizing them during the apartheid era. Shell, of course, is well known for its devastation of the Ogoni tribal lands in Nigeria.
Tom Brokaw (one of America's best-known TV anchors) was inadvertently succinct about the process. "One of the things we don't want to do," he said, "is to destroy the infrastructure of Iraq because in a few days we're going to own that country."
Now that the ownership deeds are being settled, Iraq is ready for New Democracy.
So, as Lenin used to ask: What Is To Be Done?
Well...
We might as well accept the fact that there is no conventional military force that can successfully challenge the American war machine. Terrorist strikes only give the U.S. Government an opportunity that it is eagerly awaiting to further tighten its stranglehold. Within days of an attack you can bet that Patriot II would be passed. To argue against U.S. military aggression by saying that it will increase the possibilities of terrorist strikes is futile. It's like threatening Brer Rabbit that you'll throw him into the bramble bush. Any one who has read the documents written by The Project for the New American Century can attest to that. The government's suppression of the Congressional committee report on September 11th, which found that there was intelligence warning of the strikes that was ignored, also attests to the fact that, for all their posturing