1.19.2014 Leave a comment
A political blog written from a left populist perspective
9.22.2013 Leave a comment
Rob Urie has provided us with a concisely written essay which identifies the predicaments generated by the capitalist democracies in the West as well as by the global empire governed by power elites located in Washington, DC and Wall Street. Reading Urie’s essay is worth the effort.
8.31.2013 Leave a comment
As the United States lunges into another reckless, foolish war, we may wish to notice that:
Regardless of the trigger mechanism, the [Obama] administration seems intent on pushing through Donald Rumsfeld’s old madcap blueprint for the Middle East, which involved toppling the governments of seven consecutive countries on the way to unchallenged dominion over Arab and Persian fossil fuels. Their eyes are on the prize. The rest is detail. It seems to make little difference to the Americans what becomes of Syria, only that Assad is overthrown, and the warlord that plants his flag atop the wreckage is hostile to Tehran and is willing to viciously put down any foolhardy bids for self-determination that might emerge from the populace. After all, the U.S. has left a trash bin of fallen monuments and blown infrastructures in Afghanistan, Iraq, and Libya. If the entire Arab world is a flaming midden whose only functional entities are oil derricks, what cause for concern is that to our imperial chieftains? Let the Islamists slaughter each other on the peripheries of the bonfire while we vacuum every ounce of natural gas and petroleum from the core of the earth. (One conjures visions of Daniel Day-Lewis in There Will Be Blood, mocking his young evangelical rival and shouting, “I drink your milkshake!”)
Jason Hirthler, author of the above, continued by pointing out that America’s “Liberals stare blankly from the sidelines while their ‘lesser evil’ does another expert impression of the ‘greater evil’.” How much blood must their standard bearer shed before they break with him and the party duopoly which runs Uncle Sam’s empire? I would guess a lot of blood as long as they can put affordable gasoline in their cars.
8.18.2012 1 Comment
On Tuesday, August 14, a federal judge issued a disturbing ruling allowing the Federal Bureau of Investigation (FBI) to evade public accountability for infiltrating faith institutions, monitoring law-abiding people, recording sexual encounters, and then lying about all of it. Carney’s decision erodes democracy in two dimensions at once, enabling ongoing constitutional violations by the executive branch while, at the same time, eroding judicial independence.
What Buttar depicts above and throughout his article is a dualism intrinsic to a political system which observes the rule of law in some areas but not all areas. This dualism features prominently in Ernst Frankel’s seminal The Dual State. Frankel’s analysis focuses on the post-Weimar German state as used by the National Socialist to govern Germany. The gist of his analytical edifice rests upon a division of the German state into two coexisting but not equal domains. He calls one domain the Normative State. The Normative State is a domain in which the rule of law regulates social life. He calls the second and superior domain the Prerogative State. The Prerogative State is a domain defined and governed by the prerogative powers of the political sovereign, the kind of powers once available only to a Monarch. In the Prerogative State the law becomes a component of force available to the sovereign. Thus it can be said that the rule by law and coercion replaces the rule of law and legitimate authority in domain of the Prerogative State. In Nazi Germany, the object of Frankel’s analysis, Der Führer was the source of the state’s prerogative powers. In the United States today the state’s prerogative power originated in the President construed as Commander in Chief and the source of authority for the massive security-surveillance apparatus which now exists in the United States. It is this apparatus which operates beyond the reaches of the Normative State, a claim supported by Fazaga v. FBI. In his principal Fazaga ruling, a Federal Judge, Cormac J. Carney, ruled in favor of the Federal Bureau of Investigation:
After careful deliberation and skeptical scrutiny of the public and classified filings, the Court concludes that Plaintiffs’ claims against Defendants, aside from their FISA claim, must be dismissed under the state secrets privilege. Further litigation of those claims would require or unjustifiably risk disclosure of secret and classified information regarding the nature and scope of the FBI’s counterterrorism investigations, the specific individuals under investigation and their associates, and the tactics and sources of information used in combating possible terrorist attacks on the United States and its allies. The state secrets privilege is specifically designed to protect against disclosure of such information that is so vital to our country’s national security.
In his ruling Judge Carney recognized the separate and superior domain of the Prerogative State. It is, by definition, a legal space which lacks rule of law safeguards, as the victims of the FBI in Southern California can claim based on their experiences.
5.4.2012 Leave a comment
The abdication of U.S. federal judges in the post-9/11 era, and their craven subservience to Executive Branch security claims, has been a topic I’ve written about several times over the past couples of weeks. Yesterday, the 9th Circuit Court of Appeals adopted the argument of the Obama DOJ that John Yoo is — needless to say — fully immune from any and all liability for having authorized the torture of Jose Padilla, on the ground that the illegality of Yoo’s conduct was not “beyond debate” at the time he engaged in it. Everything I wrote a couple of weeks ago about the identical shielding of Donald Rumsfeld by federal courts and the Obama DOJ from similar claims applies to yesterday’s ruling, and The New York Times has a good editorial today condemning this ruling as “misguided and dangerous.”
In sum, this yet again underscores that of all the American institutions that have so profoundly failed in the wake of 9/11 to protect the most basic liberties — Congress, both political parties, the establishment media, the Executive Branch, the DOJ specifically — none has been quite as disgraceful as the federal judiciary, whose life tenure is supposed to insulate them from base political pressures that produce cowardly and corrupted choices.