The ACLU sues the Obama administration

The reason for the suit: “…[T]he release of records related to the U.S. government’s ‘targeted killing’ of U.S. citizens overseas.” The Obama administration has selectively released information regarding assassinations carried out under the targeted killing program, which it otherwise cloaks with claims of national security. The ACLU suit seeks to subject this assassination program to public scrutiny and even legal contestation. Glenn Greenwald pointed to the tyranical aspect of America’s assassination program:

From a certain perspective, there’s really only one point worth making about all of this: if you think about it, it is warped beyond belief that the ACLU has to sue the U.S. Government in order to force it to disclose its claimed legal and factual bases for assassinating U.S. citizens without charges, trial or due process of any kind. It’s extraordinary enough that the Obama administration is secretly targeting citizens for execution-by-CIA; that they refuse even to account for what they are doing — even to the point of refusing to disclose their legal reasoning as to why they think the President possesses this power — is just mind-boggling. Truly: what more tyrannical power is there than for a government to target its own citizens for death — in total secrecy and with no checks — and then insist on the right to do so without even having to explain its legal and factual rationale for what it is doing? Could you even imagine what the U.S. Government and its media supporters would be saying about any other non-client-state country that asserted and exercised this power?

Killing American citizens now sits within the prerogative powers of the American President. This ‘achievement’ ought to be considered a threshold passed on a road that ends in a dictatorship.

The rule of law in America today

Does it exist? Is the United States a Nation of Laws? It is clear that some rules do exist. But do they conform to the spirit and letter of the rule of law doctrine?

Glenn Greenwald thinks not. He recently identified four rules of American justice:

(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.

(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.

(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.

(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage — and will have the full weight of the American criminal justice system come crashing down upon you.

It is thus clear that some Americans are not subject to the rule of law. The rule of law makes sense only when everyone is subject to the same laws. The United States is not a country governed by laws.


Update

David Dayen of FireDogLake walks over some of the same ground as Greenwald:

The Administration has reserved some of its most punitive uses of their prosecutorial discretion for government leakers and whistleblowers. Government information gets leaked all the time, of course, often by official sources doing so on behalf of the Administration for political reasons. But no Administration has prosecuted as many government officials for leaking as this one; in fact, the six criminal cases are more than all other Presidents combined. It has unquestionably had a chilling effect on other whistleblowers. The case against former NSA official Thomas Drake, which thankfully collapsed last year, is the most celebrated of these cases. But the inadequacy of that case has not stopped the Justice Department from continuing to wage war on leakers.

A dictatorship gestating

Reuters reports that (h/t to Glenn Greenwald who wrote about this matter):

American militants like Anwar al-Awlaki are placed on a kill or capture list by a secretive panel of senior government officials, which then informs the president of its decisions, according to officials.

There is no public record of the operations or decisions of the panel, which is a subset of the White House’s National Security Council, several current and former officials said. Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.

And:

The role of the president in ordering or ratifying a decision to target a citizen is fuzzy. White House spokesman Tommy Vietor declined to discuss anything about the process.

The United States murders an American citizen

An armed drone finally killed Anwar al-Awlaki, an American citizen whom the Obama administration had marked for death. Mr. Awlaki’s murder becomes another milestone passed by the American political system in its effort to replace the rule of law by the rule by law.

Boogeyman dead — now what…?

No problem!

On Friday, government officials anonymously claimed that “a rushed examination” of the “trove” of documents and computer files taken from the bin Laden home prove — contrary to the widely held view that he “had been relegated to an inspirational figure with little role in current and future Qaeda operations” — that in fact “the chief of Al Qaeda played a direct role for years in plotting terror attacks.” Specifically, the Government possesses “a handwritten notebook from February 2010 that discusses tampering with tracks to derail a train on a bridge,” and that led “Obama administration officials on Thursday to issue a warning that Al Qaeda last year had considered attacks on American railroads.”

Boogeyman immortal!

The quote can be found in a Glenn Greenwald article addressing the use of bin Laden’s name to generate fear and yet another extension of the security-surveillance state.

Maureen Dowd — Moral idiot

Dowd’s latest sees her opining:

I don’t want closure. There is no closure after tragedy.

I want memory, and justice, and revenge.

When you’re dealing with a mass murderer who bragged about incinerating thousands of Americans and planned to kill countless more, that seems like the only civilized and morally sound response.

We briefly celebrated one of the few clear-cut military victories we’ve had in a long time, a win that made us feel like Americans again — smart and strong and capable of finding our enemies and striking back at them without getting trapped in multitrillion-dollar Groundhog Day occupations.

But for the nay-sayers, Dowd would be all aglow with the sense of entitlement and efficacy she believes to be her due as a member of the American elite. She thus takes after the Republicans here and the leaders abroad for criticizing the bin Laden assassination. What she fails to grasp is that killing the Boogeyman was a political spectacle that will only justify the “multitrillion-dollar Groundhog Day operations’ she dislikes and the kind of Presidents that will start them and see them through to the end. The bin Laden assassination was an instance in which the American empire practiced the propaganda of the deed.

Capturing and trying bin Laden was the only civilized response, at least for those individuals for whom the rule of law is a key component of a civilized society.

Quote of the day

This one issued from Mike Whitney‘s keyboard:

What does the assassination of Osama Bin Laden have in common with Guantanamo Bay?

They’re both intended to send a message that the United States has sunk deeper into savagery and abandoned any commitment to conventional norms of behavior. That’s the message, and we hear it “loud and clear”.

We don’t need our Harvard-educated president to crow about his latest gangland “hit” to know that America has turned into a moral swamp. That’s obvious in every area of policy, foreign and domestic. It’s just that certain incidents draw more attention than others, like when a drone incinerates a home full of women and children in the Pakistani outback or when F-16s reduce a city of 300,000 (Falluja) to rubble leaving behind a legacy of birth defects, cancer and grinding poverty. These are the real “headline grabbers”, like shrugging off the sovereign rights of an ally, invading their airspace, and deploying special ops to conduct a Rambo-style massacre in a civilian section of town.

Booyah. You go America! U-S-A, U-S-A, U-S-A.

An ironic consequence produced by the bin Laden assassination

(Some) Americans have danced in the streets in celebration of a political murder. Bin Laden is dead, the Boogeyman is dead, and Uncle Sam killed him. Once more America is whole…vital…effective…. The blood of “the other” has unburdened Uncle Sam of his many failures. From blood comes purity, perfection, unity.

And yet, David Swanson offers this caveat:

Imagine the propaganda that the U.S. media could make of video footage of a foreign country where the primitive brutes are dancing in the streets to celebrate the murder of a tribal enemy. That is the propaganda we’ve just handed those who will view bin Laden as a martyr. When their revenge comes, we will know exactly what we are supposed to do: exact more revenge in turn to keep the cycle going.

We need not use our imaginations for this. We only need to do an internet search where we will find this footage:

It seems America and Americans are not at all exceptional. We are like “the other” we despise. Blowback awaits Uncle Sam. By now he has to expect consider blowback normal. Surely he does not expect to win this endless, expensive and repulsive war?