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THE UNFULFILLED PROMISE
Posted by Time for change in General Discussion (1/22-2007 thru 12/14/2010)
Wed Jan 28th 2009, 06:23 PM
There is no legitimate excuse for arguing that so-called “illegal enemy combatants” shouldn’t have the most fundamental of American and human rights because, as “terrorists” they don’t deserve any rights. We have no right to label them “terrorists” u
Karl Rove’s recent remarks to a cheering crowd at the University of Miami should remind us that right wing efforts to continue the barbarism of the Bush years will not disappear any time soon. Chelsea Isaacs recently wrote about Rove’s comments in the Miami Hurricane:

One year from now, Gitmo won’t be closed,” Rove said. “If it is, there will be an uproar in the U.S. about where to put these people.” Interrogation tactics used by the CIA during Bush’s term in office were not torturous, Rove said, but he did not deny that the CIA strongly pressed terrorists for vital information. “You bet we squeeze them for information,” Rove said. “If we hadn’t, those same terrorists could have executed their plans to kill, and (people) would be asking why Bush didn’t protect American soldiers’ lives.”

Rove’s statement that the Bush administration didn’t use torture is a flat out lie. Torture was not only a routine occurrence during the Bush years, but it was aggressively encouraged by George Bush and Dick Cheney themselves, as meticulously detailed by Philippe Sands in “Torture Team – Rumsfeld’s Memo and the Betrayal of American Values”. Secondly, there is no evidence whatsoever that “squeezing them for information”, as Rove puts it, contributed one iota to the safety of Americans, and lots of evidence that it did just the opposite. And thirdly, this whole speech is the very antithesis of the ideals on which our country was founded.


The denial of habeas corpus is anti-American in the extreme

In some ways it is unfortunate that Guantanamo Bay has taken on such symbolic significance, by both the right and the left, that the more basic issues have been somewhat obscured. The more fundamental issues are the denial of habeas corpus and the torture that has characterized our treatment of prisoners at Guantanamo Bay. But the Bush administration treated its other “War on Terror” prisoners in much the same way that it treated those at Gitmo – so closing Gitmo won’t necessarily solve the whole problem. And by the same token, Gitmo could be legitimately kept open, as long as we treat our prisoners there humanely and in accordance with basic American ideals.

I am so sick and tired of hearing right wing anti-American barbarians whine about our “giving the terrorists special rights”, complaining that they don’t deserve any rights at all because of what they did or are trying to do to our country.

Anyone who refers to our prisoners at Guantanamo Bay as “terrorists” is either enormously ignorant, anti-American, racist, or more likely a combination of all three. Our detainees are not “terrorists” – as they have not been found guilty in a court of law of committing terrorism. The American Declaration of Independence maintains that ALL people have the “inalienable right to life, liberty and the pursuit of happiness”. The very first Article of our Constitution goes a long way towards making that right a reality, through the introduction of habeas corpus, which has been considered a foundational right of Western Civilization since the Magna Charta of 1215. According to Article I, Section 9 of our Constitution:

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

The writ of habeas corpus is the most basic American right because without it there can be no other rights. Eugene Jarecki explains this in “The American Way of War”:

Habeas corpus is a catchall for a body of fundamental legal principles that protect the rights of the individual against wrongful prosecution and detention by the state. So basic is habeas corpus to American law that it is codified in Article I of the Constitution, predating even the freedoms of speech, religion, and assembly…

Thus, anyone who, in the process of making a political argument, refers to uncharged, un-convicted people as “terrorists”, or gives them any other designation denoting a serious crime, is anti-American in the truest sense of the term. How can a person who does not believe in the most fundamental of American rights consider himself an American in spirit? That person may technically be American by birth or by some other legal process. But if you don’t believe in the most basic of human rights that the idea of the United States of America was founded upon, then in what other than the most narrow technical sense are you an American?


The denial of habeas corpus is often or usually racist

It is no coincidence that the vast majority of our detainees at Gitmo and elsewhere are of darker skin and practice a different religion than most Americans. Clearly, it was believed by Bush administration officials who designed this barbaric system that many or most Americans would be more likely to accept it by virtue of the fact that the victims are different than most of us. And they were correct in that belief.

On what other basis do those who so casually refer to our victims as “terrorists” do so? No evidence of terrorism has been presented against the vast majority of them. Nor have the vast majority of them even been charged with terrorism. And many of them have been captured and turned in to us by bounty hunters. They are merely assumed to be terrorists because George Bush and Dick Cheney said so and because they look different than most of us and practice a different religion.


A brief history of Bush administration attempts to deny habeas corpus

George Bush determined from the very beginning of his “War on Terror” that his prisoners would have no habeas corpus or any other rights.

Hamdi v. Rumsfeld
The first test in the U.S. Supreme Court of the Bush administration’s usurpation of our Constitution came in the Hamdi v. Rumsfeld case on June 28, 2004. Eight of the nine justices agreed that the Executive Branch does not have the right to indefinitely hold a U.S. citizen without basic due process protections. Explaining the decision, Justice O’Connor, writing for the majority, said that “… We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the nation’s citizens.”

What this meant was that now the Bush administration had to either provide Hamdi with access to a lawyer and some sort of hearing on his case or else release him. Faced with that choice, three months later it decided to release him back to Saudi Arabia. Deliah Lithwick commented on the absurdity of the situation:

So the Bush administration's decision to release Hamdi is stunning, given that only months ago he was so dangerous that the government insisted in front of the U.S. Supreme Court and the world that he could reasonably be locked up for all time, without a trial or criminal charges….

Rumsfeld v. Padilla
The next major test was Rumsfeld v. Padilla. The Bush administration initially won the case in the 4th Circuit Court of Appeals in September, 2005. But when Padilla’s lawyers appealed the case to the U.S. Supreme Court, the Bush administration abruptly made the case moot by rescinding Padilla’s “enemy combatant” status and agreeing to prosecute him in a civilian court. But the charges had nothing to do with the original allegations about plots to explode a “dirty bomb” on U.S. soil. Rather the new charges were “providing – and conspiring to provide – material support to terrorists, and conspiring to murder individuals who are overseas.”

The principle was the same as in Hamdi v. Rumsfeld. After rationalizing the detention and torture of a man for several years on a bogus excuse, rather than risk having the bogus excuse revealed, they just dropped the charges. Even the right wing judge, J. Michael Luttig, who ruled for the Bush administration in the 4th Circuit Court of Appeals decision, was incensed. Charlie Savage, in his book, “Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy”, describes Luttig’s reaction:

Luttig – one of the most conservative and executive power-friendly judges on the federal bench – accused the Bush-Cheney administration of manipulating the judicial process to make sure that the Supreme Court would have no opportunity to evaluate the precedent that Luttig himself had just written. The Padilla indictment, he said, raised serious questions about the credibility of the government’s statements on which the judge had relied when crafting that precedent, and “left the impression that Padilla may have been held for all these years, even if justifiably, by mistake”.

Hamden v. Rumsfeld
The Hamden v. Rumsfeld decision of the U.S. Supreme Court was about as definitive as a legal decision can be. It even went so far as to accuse the Bush administration of war crimes. In that decision, Justice Stevens, speaking for the majority, explained that the petitioner Hamdan was “entitled to the full protection of the Geneva Convention”, and that the “military commission convened to try him was established in violation of both the Universal Code of Military Justice and Common Article 3 of the Third Geneva Convention”. Justice Kennedy further elaborated on the Geneva Convention that the USSC determined the Bush administration to have violated:

The provision is part of a treaty the United States has ratified and thus accepted as binding law… moreover, violations of Common Article 3 are considered “war crimes,” punishable as federal offenses…

The Military Commissions Act and its overturn by the U.S. Supreme Court
Consequently the Bush administration pushed through Congress the Military Commissions Act, in an attempt to ensure that detainees would have as few rights as possible. However, on June 12, 2008, the USSC determined that this law too was not Constitutional, primarily because the Act was not sufficient to restore habeas corpus:

Security subsists, too, in fidelity to freedom's first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to separation of powers. . . .

The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system, they are reconciled within the framework of law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, part of that law.


The reality of life without habeas corpus

Anthony D. Romero, the executive director of the American Civil Liberties Union, described the bottom line of the Bush detention and torture system. It allowed the Bush administration to:

indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petition.

In September 2006, then Senator Obama went into more detail about the Bush administration’s detainee system as he gave a great speech in favor of a habeas corpus amendment to the Military Commissions Act, on the floor of the U.S. Senate:

A few years ago… I spoke about why I love this country, why I love America, and what I believe sets this country apart from so many other nations in so many areas. I said “That is the true genius of America – that we can say what we think, write what we think, without hearing a sudden knock on the door…” Without hearing a sudden knock on the door. I bring this up because what is at stake in this bill, and in the amendment that is currently being debated, is the right, in some sense, for people who hear that knock on the door and are placed in detention because the Government suspects them of terrorist activity to effectively challenge their detention by our Government.

Fortunately, the Supreme Court in Hamden ensured that some meaningful review would take place. But in the absence of Senator Specter's amendment that is currently pending, we will essentially be going back to the same situation as if the Supreme Court had never ruled in Hamden

Now, I think it is important for all of us to understand exactly the procedures that are currently provided for under the Combatant Status Review Tribunals (CSRTs). I have actually read a few of the transcripts of proceedings under the CSRT. And I can tell you that oftentimes they provide detainees no meaningful recourse if the Government has the wrong guy.

Essentially, reading these transcripts, they proceed as follows: The Government says: You are a member of the Taliban. And the detainee will say: No, I'm not. And then…There is no evidence that the detainee can offer to rebut the Government's charge…. Even if there is evidence that he was not involved in any terrorist activity, he may not have any mechanism to introduce that evidence into the hearing...

I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary. I do not want to hear that this is a new world and we face a new kind of enemy. I know that…. But as a parent, I can also imagine the terror I would feel if one of my family members were rounded up in the middle of the night and sent to Guantanamo without even getting one chance to ask why they were being held and being able to prove their innocence. This is not just an entirely fictional scenario, by the way. We have already had reports…


Torture of the innocent

If the principle of “innocent until proven guilty” isn’t enough reason to refrain from labeling uncharged and un-convicted people as “terrorists”, there is plenty of empirical evidence that many, if not the great majority of them are in fact not terrorists.

An investigation of the Abu Ghraib prison scandal concluded that “A lack of proper screening meant that many innocent Iraqis were being detained (in some cases indefinitely) and that 60% of civilian prisoners at Abu Ghraib were deemed not to be a threat to society”; The International Red Cross said that between 70 percent and 90 percent of the persons deprived of their liberty in Iraq had been arrested by mistake; a study of our Guantanamo Bay detainees, using our government’s own records, found that 60% of our detainees at Guantanamo were thrown into prison for an indefinite period of time without charges or trial merely because they were claimed to be “associated with” a group or groups that our government asserts to be a terrorist organization (only 8% were deemed to be associated with al Qaeda), and; a CIA intelligence analyst who was summoned to Guantanamo Bay to discover why the CIA was able to obtain so little useful information from its detainees:

concluded that an estimated one third of the prison camp’s population of more than 600 captives… had no connection to terrorism whatsoever. If the intelligence haul was meager, his findings suggested, one reason was that many of the detainees knew little or nothing… Many, he felt sure, “were just caught in a dragnet. They were not fighters… They should not have been there…. By imprisoning innocent Muslims indefinitely, outside the reach of any legal review", he said, “I thought we were going to lose a whole damn generation” in the Arab world… Guantanamo was making the world more dangerous…"


In summary

There is no legitimate excuse for arguing that so-called “illegal enemy combatants” shouldn’t have the most fundamental of American and human rights because, as “terrorists” they don’t deserve any rights. We have no right to label them “terrorists” until they have been judged to be so in a fair trial. Anyone who doesn’t understand that principle doesn’t understand the most basic ideas on which our nation was founded. Or, alternatively, such people may be so blinded by racial or religious hatred that they can’t think straight.

Such people are anti-American in the truest sense of the word. Then Senator Barack Obama said as much in his great Senate speech of 2006, excerpted in this post – though he said it in politically non-inflammatory terms in order not to derail his political career. He said he loves this country, but… Then he spoke of what our country was becoming. His reference to the “sudden knock on the door” implied that we were in the process of becoming a totalitarian state if Congress passed Bush’s bill as it then stood (which it pretty much did). He said that passing the bill as it then stood would be a refutation of our own Supreme Court – as if we had no courts to maintain the rule of law in our country. He described the farce of the Bush/Cheney Military Commissions. And he spoke of the terror that he would feel if this system was ever applied to a member of his own family – In other words, we are a terrorist country.

Some will object to my calling this system anti-American, on the basis that our country was founded in slavery. They will say that the so-called ideals on which our country was founded were hypocritical because of that. But that reasoning ignores the fact that it was not possible for those who were against slavery to end it at that time. The ideals were felt deeply by many of our Founders, and it was right to incorporate them into our Declaration and our Constitution. They pointed the way to a better nation. We have fallen well short of those ideals throughout most of our history, but at least we have usually made progress towards them.

However, for more than seven years the Bush administration worked to destroy the most basic rights promised to the American people in their Declaration of Independence and guaranteed to us in our Constitution. They worked to destroy the very foundation on which our country was founded. President Obama has quite a job in front of him – not only in restoring the fundamental rights we’ve lost over the past 8 years, but in holding those who violated them accountable for their actions.
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The Unfulfilled Promise
The Unfulfilled Promise of the American Dream: The Widening Gap between the Reality of the United States and its Highest Ideals




Time for change


Notwithstanding the lofty sentiments and purpose of the U.S. Declaration of Independence, the reality of the United States of America did not then – and never has – lived up to its ideal. Our nation remains today a long way from fulfilling the promise implied by those ideals. Yet, our Declaration was a great start, and it has long shone as a beacon of hope for people all over the world.

Throughout our history, while many have striven to close the gap between our highest ideals and the reality of our nation, others have focused on the accumulation of private wealth and power, at the expense of everyone else. In recent decades the latter have gained much ground, leading to increasing imperialism abroad and deteriorating democracy at home, characterized by routine (and legal) bribery of our public officials, the fusion of government and private corporate interests (corporatocracy), a corrupt election system largely in the hands of private corporations, a corporate controlled communications media, and the widespread acceptance of Executive Branch secrecy, routinely justified with little if any questioning, by the magic words “national security”. All of this is rapidly turning our country from the democracy proclaimed at our founding into a plutocracy (government by the wealthy and for the wealthy). The result is the most obscene wealth gap our country has ever known, the highest imprisonment rate in the world, rampant militarism, routine flaunting of international law, the least efficient health care system in the developed world, a pending environmental catastrophe that threatens to destroy the life sustaining forces of our planet, and myriad other problems that threaten to destroy our nation and tyrannize our people.

My new book, The Unfulfilled Promise of the American Dream – The Widening Gap between the Reality of the United States and its Highest Ideals, explores the roots and consequences of the demise of our democracy, and why most Americans have been unable to understand this process or even become aware of it. A good understanding of why and how we have deviated so greatly from the ideals of our nation is the first and necessary step towards getting back on the right track and revitalizing our society.

The book is currently being sold in electronic PDF format and can be purchased at http://www.unfulfilledpromise.com/Buy-the-... for $3.99. It will also soon be available in Amazon Kindle format. DU members who cannot afford to buy the book but would like to read it can pm me with your e-mail address, and I will send you a free PDF copy.

I’ve previously posted on DU a slightly earlier version of the introduction to the book, which is also posted at my site. Here is the Table of Contents, followed by a brief description of the three parts of the book:


TABLE OF CONTENTS

Introduction
Acknowledgements
Prologue – What is Wrong with the United States of America?

Part I – Root Causes of the Impending Demise of American Democracy
Chapter 1 – Legalized Bribery
Chapter 2 – Human Psychological Factors
Chapter 3 – Corporatocracy
Chapter 4 – Corporate Control of Media
Chapter 5 – Corrupt Election System
Chapter 6 – Government Secrecy
Chapter 7 – American Exceptionalism

Part II – A Sampling of Imperialist Actions
Chapter 8 – Slavery and its Legacy
Chapter 9 – Early U.S. Imperialism
Chapter 10 – U.S. Imperialism in Cold War
Chapter 11 – Iraq War and Occupation
Chapter 12 – Afghanistan War

Part III – Consequences
Chapter 13 – Election of George W. Bush
Chapter 14 – War and Imperialism
Chapter 15 – Class Warfare
Chapter 16 – Predator Financial Class
Chapter 17 – Shock Therapy
Chapter 18 – Contempt for Int. Law
Chapter 19 – The “War on Drugs”
Chapter 20 – Climate Change
Chapter 21 – “War on Terror”
Chapter 22 – Health Care
Chapter 23 – Unaccountable government
Chapter 24 – Response to 9/11 Attacks
Epilogue


PART I – Root Causes of the Impending Demise of American Democracy

It is somewhat difficult to separate the causes of our problems from their consequences, since they combine to form a long chain of cause leading to consequence, leading to more consequences, etcetera. Nevertheless, it seems worth while to identify the root causes of our problems, those that occur early in the chain and lead to so many of the tragic consequences we see today. The only chance we have of reversing the demise of our democracy is through addressing and attacking its root causes.

At the top of the list is the systematic bribery of public officials by the powerful corporations (Chapter 1) whom our government is charged with regulating in the public interest. Instead of calling it bribery, we call it “campaign contributions”, but what we call it isn’t as important as what it is. It is hard to fathom how democracy can survive when such a practice is legal and condoned.

Working in tandem with our system of legalized bribery is the nature of the people who inhabit our country. That is not to say that Americans are inherently substantially different than any other people. Human beings are imperfect, and that is probably a major reason why in a world where civilization began more than five millennia ago, the oldest written national framework of government in the world today – the Constitution of the United States of America – is only a little more than two and a quarter centuries old. Chapter 2 explores the roles of basic human needs, authoritarianism, psychological defense mechanisms used to prevent us from perceiving reality as it is rather than as we’d like it to be, and corrupted ideologies in causing us to passively accept the accumulation of power in the hands of ambitious and ruthless individuals who care about little else than expanding their own wealth and power.

When bribery of public officials is tolerated as an inevitable aspect of public life, government inevitably grows close to the wealthy interests that shower it with money in return for legislative and other favors. A malevolent symbiosis grows between the state and corporate power, resulting in rule by an oligarchy that is highly detrimental to the lives of ordinary people (Chapter 3). Using their accumulated wealth and power to manipulate our legislative process, the oligarchy grabs for more and more control of the communications media (Chapter 4) that are used to control the information available to and shape the attitudes of our nation’s people, in pursuit of their own narrow interests.

Since the 1980s an orchestrated campaign has been underway to demonize “big government”, thereby paving the way for private corporate control over more and more functions that were previously deemed intrinsic functions of government. Among those functions is the running of public elections (Chapter 5) – the function that symbolizes democracy perhaps more than any other single function. Consequently, the purging of selected registered voters from our computerized voter rolls has become a routine recurring event throughout much of our country, and without a doubt determined the results of the 2000 – and probably 2004 as well – presidential election. Just as bad, more and more of the counting of votes in our public elections have been turned over to private corporations, which count our votes using electronic machines using secret software to produce vote counts that cannot be verified by anyone.

Bribery, the fusion of government and private interest, fake and biased news, and corrupt elections are not things that government and its corporate allies want us to know about. Consequently, they construct walls of secrecy (Chapter 6) to keep us from obtaining information that sheds light on their activities. The perfect phrase for facilitating this is “national security”. When our government tells us that the “national security” requires that certain things be kept secret from us, the understanding is that to question such a pronouncement is unpatriotic, and to actually attempt to obtain the “secret” information may be treasonous.

But indefinitely maintaining secrets from the American people can be very difficult, because at least some people want to know what their government is up to. So in addition to the formal mechanisms of secrecy, informal mechanisms are constructed (Chapter 7) to keep vital information away from us. One of the primary methods for doing this is to make certain sensitive subjects taboo – that is, to create the widespread belief that discussion of these topics is so outside the bounds of acceptable human discourse that anyone who discusses them should be shunned by society, or worse. The most common issue that falls into this category is any discussion that sheds light on the disparity between American ideals and the reality of life in our country today.


PART II – A Sampling of Imperialist Actions in U.S. History

Notwithstanding the fact that our founding document says that “all men are created equal” and speaks of the inalienable rights of humankind, the United States has throughout its history partaken of massive exploitation of other peoples.

It is estimated that at the time of our birth, 18% of our population was black slaves. In our expansion westwards during the late 18th and 19th centuries, we decimated the original inhabitants of our continent, and often treated them with great cruelty. In 1846 we manufactured an excuse for war with our neighbor Mexico, in which we continued to expand our country westwards and southwards. In 1893 we began our overseas imperialism with the conquest of Hawaii. Our overseas expansion was greatly accelerated in 1898 with our participation in the Spanish-American War, which led to our conquest of Cuba, Puerto Rico, and the Philippines. With our arrival at world superpower status at the end of World War II, we began the Cold War, which led to and served as a rationalization for covert and/or direct military actions against myriad foreign nations over the next 46 years. With the September 11, 2001 attacks on our country, we declared a perpetual “War on Terror”, which served and continues to serve as an excuse to invade and occupy Iraq and Afghanistan, nations that posed no threat to us. We do not know when or if this perpetual war will ever end. We don’t know how many additional imperial conquests it will lead to.

Most Americans don’t think much about all this. Many of these actions are done in secrecy, and the American people don’t find out about them until many years later – or we never find out about them at all. Those that we do know about are spun into the most favorable light, to make them seem benign or even noble.

But these actions come at great costs: in the lives of our soldiers; in the ruined lives of the peoples of the victim countries; in trillions of dollars cost to our people and their future generations; in our international reputation; in anti-American hatred leading to terrorism; and, to our democracy itself. For how can a nation claim to believe in the inalienable rights of humankind specified in its founding document, while making a mockery of that belief in the way it treats other peoples? For that reason alone it is worth while to take a brief look at our long history of imperialist actions.


PART III – Consequences

In the Prologue I give a brief account of what I see as some of the worst and tragic consequences of the root causes that I discuss in Part I – to enable the reader to see where this book is heading. When elections of our public officials are for sale to the highest bidder… when our public officials are so addicted to the “campaign contributions” of their wealthiest constituents that they develop a symbiotic relationship with them… when our communications media are owned and controlled by an oligarchy of wealthy elites… when our citizenry lack the ability to differentiate propaganda from reality… when we allow machines provided by private corporations to count our votes using secret electronic software… then we should expect that the consequences will not be pretty or comfortable for the vast majority of our citizens.

In Part III, I explore those consequences in much greater detail, in the hope that the reader will agree with me that these are very serious problems, and that they must be successfully addressed if our country is ever to fulfill the promise of its ideals, or even make progress in that direction. When enough Americans recognize our problems as problems, stripped of the gloss and spin put on them by our oligarchy, they will rise up and do something about them. Until then there will be no progress, and we are very likely to head in the direction of all the former empires of our planet, ending in chaos, widespread catastrophe, suffering, and ignominy.

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