Searching for credibility

Once this was a day on which Germany and Italy committed an infamous crime

Once a day on which Germany committed an infamous crime

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 case of humanitarian imperialism?

It’s just amazing that the Iraq invasion and occupation were about Oil. The Independent now reports that:

Plans to exploit Iraq’s oil reserves were discussed by government ministers and the world’s largest oil companies the year before Britain took a leading role in invading Iraq, government documents show.

As Patrick Cockburn points out:

The supposed disinterest expressed by international oil companies in the outcome of the invasion of Iraq in the year before it was launched never quite made sense. Iraqis used to ask ironically if the rest of the world would have been quite so interested in the fate of their country if its main export had been cabbages.

Nevertheless, Cockburn believes:

It has never seemed likely that the US and Britain invaded Iraq primarily for its oil. Reasserting US self-confidence as a super-power after 9/11 was surely a greater motive. The UK went along with this in order to remain America’s chief ally. Both President Bush and Tony Blair thought the war would be easy.

But would they have gone to war if Iraq had been producing cabbages? Probably not.

Cockburn is right about the role of oil in the push for war. After all, the United States can invade and decimate nearly any country it wants to destroy. But Iraq and its oil had strategic value for the faltering superpower, and Iraq could serve to announce to the world that the United States could defend its interests when pushed. Fortunately, the Iraqis also had designs on their country! The Iraq invasion and occupation have thus produced a political nightmare for the United States and Great Britain. It can be said that the United States prevailed in Iraq. But it is clear that it weakened America as a whole and as a military power.

Question of the Day

Alexander Cockburn asks:

In terms of evil deeds, is Qaddafi a Mobutu, a Bokassa, a Saddam, or any U.S. president?

His answer: “Surely not.”

I find it difficult to disagree with his answer given Qaddafi’s opponents, who were all unrepentant killers.

I ought to mention that neither Cockburn’s question nor his answer would hold any significance whatsoever if it were not for the American need to justify its imperial sorties by claiming these military actions were meant to check the actions of or depose outright an archfiend. It is believed, wrongly, I would guess, that Americans will not long tolerate war-making unless the war-makers target radical evil. Thus, for this American President, the name Qaddafi along with the aura that surrounds that name does provide the President with the fortitude needed to produce another costly political-military spectacle. That Obama’s actions in Libya are legally dubious and morally suspect are matters which remain unresolved. Neither the quality of Qaddafi’s character nor America’s pretensions to being exceptional can resolve them. Nor also an act of Congress and a Supreme Court judgment.

Fortunately, Ralph Nader and Dennis Kucinich have already identified one path that would resolve the issues raised by Obama’s Libyan actions: Impeachment. I believe this outcome, one that would be politically and legally relevant, would provide a more effective and durable remedy to Executive branch lawlessness than would Congressional disapproval or a Supreme Court ruling that could not be enforced except by the use of violence. After all, the impeachment option would require the proponents of the action to make their case in public to the American people and thus by extension to the whole world.

Disturbing image of the day

Der Spiegel recently published three of the suppressed photographs it has of Americans committing a war crime in Afghanistan. They can now be viewed online, and include this image:

A GI with his trophy

NATO is bracing for the consequences produced by the publication of these photos, according to a Der Spiegel online report:

At NATO headquarters, there are fears that the coming days could see angry protests in Afghanistan or even potential attacks against NATO units. “The images have an enormous potential here in Afghanistan,” one NATO general told SPIEGEL ONLINE. “Experience shows that it might take a couple of days, but then people’s anger will be vented.”