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Time for change's Journal
Posted by Time for change in General Discussion
Sun Feb 22nd 2009, 09:00 PM
It is largely President Obama’s decision. He can acknowledge that the rule of law in our country is sacrosanct and that our country is part of a community of nations that desperately need a system of international law in order to maintain peace in th
There are many millions of Americans who would dearly love to see members of the Bush administration, including George Bush and Dick Cheney themselves, prosecuted for serious crimes committed during their tenure in office. A recent Gallup poll showed that 38% of Americans would like to see criminal investigations of the Bush administration for torture of terrorism suspects, and another 24% would like to see investigations undertaken by an independent panel (Doing both simultaneously was not an option in the poll). Only 34% said that neither criminal prosecutions nor an independent investigation should be undertaken. These figures indicate a level of animosity of the American people towards their previous presidential administration that, I believe, is far greater than has ever existed in our country – with the possible exception of the Nixon administration.

One can look at these figures in two ways. On the one hand, I find it amazing that nearly two thirds of the American people would like to see investigations into serious crimes of a presidential administration, and that more than a third actually want to see criminal prosecutions. But on the other hand, why do only 38% want to see criminal investigations when there is overwhelming evidence already available that the Bush administration did commit horrific international crimes?

I think that what these figures indicate is the interplay of two opposing forces. On the one hand, there is the great trauma that many Americans would feel at the specter of seeing a former American president undergo a criminal investigation. So great would be the trauma to these Americans that they have entered into a psychological denial that prevents them from acknowledging the crimes of our former president and vice president, no matter how great the evidence. On the other hand, there is the great American tradition that in order to have a nation of laws, nobody – especially our highest government officials – can be above the law. People who believe in that tradition are much less likely to utilize psychological denial to protect themselves from unpleasant realities.

Yet, despite the overwhelming evidence, and despite the fact that a large majority of the American people want to see this pursued, there is as yet little or no indication from the Obama administration that they intend to pursue it. This is true despite the fact that public airing of the evidence would be certain to greatly increase public support for criminal prosecutions.

How can that be? How can a presidential administration committed to the rule of law allow such grave crimes to go unprosecuted? Well, maybe they will pursue it after all. President Obama’s pick for the Office of Legal Counsel suggests that maybe he will indeed be open to criminal prosecutions. But his words suggest otherwise.

If the Obama administration fails to follow-up on this, the next best hope of seeing the rule of law restored in our country (and the world) would be the International Criminal Court (ICC). Let’s take a look at that possibility.


THE INTERNATIONAL CRIMINAL COURT

In July 1998, 120 member nations of the United Nations adopted a treaty to establish the first permanent international criminal court in world history. On July 1, 2002, the ICC went into effect, after treaties were ratified in 60 nations. Today there are 108 member nations. The jurisdiction of the ICC applies only to crimes committed after July 1, 2002.


Purpose

In the preamble to the ICC it is noted that in the 20th Century millions of men, women and children were victims of “unimaginable atrocities that deeply shock the conscience of humanity” and that such crimes “threaten the peace, security and well-being of the world”. It then goes on to speak of the need to take measures, through international cooperation, to “put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes.” These sentiments are summed up by then Secretary General to the United Nations, Kofi Annan:

Our hope is that, by punishing the guilty, the ICC will bring some comfort to the surviving victims and to the communities that have been targeted. More important, we hope it will deter future war criminals, and bring nearer the day when no ruler, no State, no junta and no army anywhere will be able to abuse human rights with impunity.

The ICC defined three types of crimes that would comprise those that it would seek to prosecute:

Genocide
A list of prohibited acts, such as killing or causing serious harm, committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

Crimes against humanity
Particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice…

War crimes
Grave breaches of the Geneva Conventions and other serious violations of the laws and customs that can be applied in international armed conflict, and in armed conflict "not of an international character", as listed in the Statute, when they are committed as part of a plan or policy or on a large scale.


Crucial legal principles

Various legal principles were established in an attempt to ensure that high level government officials who commit these crimes do not escape punishment. These principles are described by Antoine Bernard in an article titled “Challenges of the New System of International Criminal Justice”, from the book “International Justice and Impunity”. Chief among these legal principles are the prohibition of granting immunity for acting in “official capacity”, and the principle of “universal jurisdiction”.

Prohibition of granting immunity for acting in “official capacity”
Just as with the Nuremburg Trials, acting in the official capacity of one’s government cannot alone be used as a legitimate defense. Bernard explains:

Official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility, nor shall it, in and of itself, constitute a ground for reduction of sentence…

Universal jurisdiction
The principle of universal jurisdiction means that a member nation State may act on behalf of the ICC, either by arresting and turning suspected perpetrators over to the ICC or by prosecuting the perpetrators itself:

even with regard to acts that do not have any of the links with that State that are usually required. In other words, acts that have been committed neither on the territory of that State, nor by nationals of that State, nor at the expense of its basic interests.

However, in order for the ICC to have jurisdiction, the acts generally have to have been committed either on the territory of a State or by nationals of a State that is a member of the ICC. So, in that sense, this principle as it now stands, is not truly and completely universal.

Complementarity
Complementarity is not a principle whose purpose is to ensure that perpetrators don’t fall through the cracks. Rather, it is primarily a practical principle, meant to reduce the burden of work in the ICC. It states that the primary responsibility for prosecuting international criminals for ICC crimes rests with the home nation of the suspected perpetrators. However, recognizing that nations are often reluctant to prosecute their own citizens for international crimes, it states:

The ICC may decide to initiate an investigation if there is an unjustified delay in the action of the national jurisdiction, if this national jurisdiction has started a procedure in a way which shows an intent to shield the person concerned from criminal responsibility or, finally, if the proceedings were not conducted independently or impartially.


Foundation of ICC legal principles in morality

There are many nationalists, especially in the United States, who are abhorred by the idea that a U.S. citizen could be tried in an international court. They believe that other nations of the world have no right to have any kind of legal authority over U.S. citizens. Part of the reason for this attitude may be based in xenophobia or racism. But I believe that it is equally rooted in arrogance – defined as “an attitude of superiority manifested in an overbearing manner or in presumptuous claims or assumptions”. In this case the presumptuous claims or assumptions are that Americans have an inalienable right to do anything they want to other peoples of the world without being labeled or prosecuted as criminals.

My feeling on the matter is this: I would make a parallel to the authority of federal, state or local police and courts over American citizens. What would we think if an American citizen claimed that American law should have no authority over him, no matter what heinous acts he commits, because that interferes with his freedom to do as he wants? The great majority of us would think that such a claim is preposterous. The basic principle on which almost all of us agree is that a system of laws must be established within our country in order to protect us against malicious individuals who would do us harm.

The same principle applies to international affairs because malicious and horrible acts, sometimes on a massive scale, are not confined within international borders. The international community must have a means to protect itself against malicious individuals, organizations, and nations for the same reason that legal systems are required within countries.


THE UNITED STATES AGAINST THE ICC

It is no secret that the United States, especially under the Bush/Cheney administration, has posed one of the biggest barriers to the successful function of the ICC. Bernard succinctly summarizes the situation, as mildly as possible, and without even mentioning the word “United States”, “in the context of the post September 11 events, a period in which respect of international norms concerning human rights has decreased”:

Many opportunist States have seized this occasion – symbolized by Guantanamo and Abu Ghraib, and by the doctrine of preventive war – to reinforce their authoritarianism under the pretext of the war against terror. Under such conditions, the consolidation of a system of international criminal justice is one of the rare reasons for hope in the construction of peace through law and justice.


The Bush administration against the International Criminal Court

Of the many institutions and traditions that George W. Bush attempted to destroy during his eight years in office, the ICC tops the list. So vehement was his hostility to the ICC that it was almost as if he thought he might one day come under its jurisdiction himself. Though the Bush administration provided many excuses for its hostility to the ICC, the underlying issue appears to be that it cannot tolerate the possibility that an American could ever be tried before the Court. For example, Bush claimed that the Court’s jurisdiction cannot extend to Americans because that will undermine “the independence and flexibility that America needs to defend our national interests around the world”.

Philippe Sands, in his book “Lawless World – The Whistle-Blowing Account of How Bush and Blair Are Taking the Law into Their Own Hands”, poses the following pertinent rhetorical question in response to that excuse:

The flexibility to do what? The flexibility to commit war crimes? The flexibility to provide assistance to others in perpetrating crimes against humanity? The flexibility to turn a blind eye when your allies commit genocide?

Consequently, though President Clinton signed the ICC Statute, George Bush announced in 2002 that it was unsigning the statute. And he went well beyond non-participation, to active sabotage. For example, the American Service members’ Protection Act authorizes the American President to “use all means necessary and appropriate” to release any American national who is “being detained or imprisoned by, on behalf of, or at the request of the ICC”; it prohibits all American cooperation with the ICC; it prohibits participation of American troops in UN peacekeeping operations unless they are granted complete immunity from the ICC; and it prohibits the U.S. from providing military assistance to any country that is a party to the ICC (with some exceptions).

Nuri Albala, in an article titled “Universal Jurisdiction Unacceptable to the Most Powerful”, provides an example of how the Bush administration efforts to hold itself above the laws proclaimed by the ICC worked out in practice:

In May 2003, Jan Fermon lodged a complaint on behalf of a number of Iraqi and Jordanian victims against General Tommy Franks and some members of his staff for war crimes. The complaint addressed acts which were very grave: bombardment of civilian targets which had nothing to do with military objectives, use of fragmentation bombs with their well known horrible consequences, and firing on the Palestine Hotel where only journalists stayed, as was well known. There were also attacks against medical infrastructure, and pillaging.

Immediately the American administration’s blackmail machinery was activated against Belgium with an extraordinary power. First, a law passed by the US Senate permitted the Pentagon and the US President to start military operations against anyone who would detain members of US military forces, and it was claimed that this could be applied to Belgium! … If the complaint were not immediately rejected, NATO headquarters would be transferred outside Belgium, which would result in some thousands of unemployed.


Bush administration crimes in need of attention by the ICC if not prosecuted by the United States

Crimes by the Bush administration that should be pursued by the ICC if the Obama administration fails to pursue them include genocide, crimes against humanity, and war crimes. I’ll discuss genocide and crimes against humanity together, since there is so much overlap between them.

Bush and Cheney took U.S. militarism to a totally new level by claiming the right to invade and occupy any country that might pose a future threat to us. Even if we “win” the Iraq War, that will never erase the fact that we’ve killed approximately a million Iraqis, made refugees out of over four million, and ruined their infrastructure. So if we “win” the war, what will we have “won”, other than the right for U.S. corporations to operate in Iraq, access to Iraqi oil, and the right to say that we “won”? David Model, in “State of Darkness – US Complicity in Genocide Since 1945”, explains why our war against and occupation of Iraq constitutes genocide:

The 2003 war and military occupation is an irrefutable case of genocide… The targeted group is the people of Iraq, and by 2007, there is no question that U.S. actions destroyed large numbers of Iraqis, displaced a massive number of people, and further degraded the infrastructure and the capacity of any existing facilities to operate. Whether or not the George W. Bush administration deliberately intended to commit genocide is irrelevant, because the known and easily predictable consequences of their actions could only lead to a huge civilian toll… Military occupation has plunged Iraq into a hellhole of sectarian violence and subjected the people to wanton, indiscriminate killing by American forces. Therefore, George W. Bush is guilty of genocide against the people of Iraq.

War crimes committed by the Bush administration stem from his total disregard of the Geneva Conventions. This led to widespread indefinite detention of prisoners captured on and (mostly) off the battlefield, whose human rights were systematically abused, by the frequent use of torture and by providing them no recourse to challenge their detention.

The Bush administration tried to pretend that the acts of torture were all the result of a few ‘bad apples”, or with regard to acts that were officially condoned by the Bush administration, based on legitimate legal advice from its legal experts. However, aside from the fact that Bush and Cheney cherry picked lawyers to provide them with the advice that they wanted to hear, there was a major limitation put on the legal advice that Bush administration lawyers could provide. Philippe Sands, in his book “Torture Team – Rumsfeld’s memo and the betrayal of American values”, explains that on February 7, 2002, George Bush himself proclaimed that the Geneva Conventions would not apply to most of his detainees. All further policies in George Bush’s “War on Terror” were developed under that crucial constraint. Therefore, the use of torture and all the other many violations of the Geneva Conventions that took place during the Bush presidency are directly the responsibility of George W. Bush.


How will the Obama administration deal with this?

Now it is up to President Obama and his administration to decide how to handle this. It has both short and long term issues to deal with.

In the relatively short term it needs to decide how to deal with Bush administration crimes. With respect to that issue, Obama has said some things that show evidence of a reluctance to pursue these crimes. He has used phrases such as “If serious crimes are demonstrated….”, as if overwhelming evidence isn’t currently already available on that score. And, he has emphasized his wish to “move forward to the future” rather than “look backwards to the past”. Both of these excuses are patently absurd. The evidence of these crimes has been spelled out by numerous sources, and many books have been written about them. As far as characterizing prosecution of crimes as “looking backwards to the past”, that attitude would lead to a society where there are no punishments for any crimes and therefore no laws. Many have said this before, but it bears repeating: All crimes that require prosecution were committed in the past. Therefore, the fact that they are committed in the past provides no excuse whatsoever for not prosecuting them.

Undoubtedly, there are many political considerations weighing on President Obama with respect to this issue. He wants to be seen as “bipartisan”. And he probably fears that any efforts by his administration to prosecute Bush administration crimes will fuel a firestorm by Republicans and by the corporate news media.

The longer term issue facing the Obama administration is whether or not to reverse Bush’s obstruction of the International Criminal Court. To do that he would need to re-sign the ICC statute and seek repeal of the American Service Members’ Protection Act.

I have to admit that I have no idea where President Obama really stands on these issues. Does he really intend to ignore U.S. and international law by ruling out any potential prosecution of the Bush administration for their crimes? If so, is it just political considerations that are motivating him? Or, does he really believe that it is ok for a presidential administration to be above U.S. and international law, and for our country to be widely regarded as the bullies of the world?

It is largely President Obama’s decision. He can acknowledge that the rule of law in our country is sacrosanct and that our country is part of a community of nations that desperately need a system of international law in order to maintain peace in the world. Or he can, by ignoring the Bush administration crimes, set a precedent for enabling future presidential administrations to exhibit contempt for U.S. and international law in the firm knowledge that they can do so with impunity, and at the same time send a message to the world that the most powerful nation on earth is above international law.

If he chooses the latter option, I hope that some day soon the ICC will take the matter out of his hands by aggressively going after the Bush administration criminals.
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U.S. Democracy in Crisis
Time for change


The Democratic Underground was born on one of the worst days in U.S history – The day that the worst President in U.S. history took office.

Now, here we are 8 years later, and we’ve managed to remove that cancer from our nation and replace it with something much better. Notwithstanding my many ambivalent feelings towards President Obama, I have no doubt that he will be infinitely better for our country than his predecessor.

Yet despite that, our country has been terribly scarred from the events of the past eight years, and it continues to suffer from all of the root problems that brought us the worst President in our history in 2000 and 2004. Therefore, it is worth taking a look at the root problems that brought us to this sorry state of affairs.


MAJOR IMPEDIMENTS TO DEMOCRACY IN THE UNITED STATES

One thing that we must keep in mind when considering our current problems is that they are not new. They were greatly exacerbated by eight years of Bush administration misrule, but they did not start with George W. Bush and Dick Cheney.


Money in politics

All but the most naïve of the American citizenry know that the wealthy and powerful in our country routinely influence our local and national elections through huge campaign contributions. And they also know that they are generally well rewarded for their “contributions”. And they also know that bribery is presumably against the law in our country. Yet, on the rare occasion that our politicians are actually accused of bribery, our news media makes a great big deal over it, as if bribery is actually a rare event in American politics.

The end result is that a great many of our politicians do everything they can to make their wealthiest constituents happy with them, at the expense of everyone else. They do that with the knowledge that the voters they lose in doing so will be more than compensated for by the disinformation that will be paid for by their wealthiest constituents. I discuss this situation in more detail here, here, and here.

There are a few dots to connect here, but any reasonable assessment of American politics tells us that bribery is routinely used to buy and sell elections in our country. So routine is it that it is actually built into our system and legalized. But that fact is never overtly spoken of. To do so would imply that our system of government is as much or more an aristocracy than it is a democracy.

Bill Moyers, in his book “Moyers on Democracy”, explains the situation bluntly:

We have lost the ability to call the most basic transaction by its right name. If a baseball player stepping up to home plate were to lean over and hand the umpire a wad of bills before he called the pitch, we’d call that a bribe. But when a real estate developer buys his way into the White House and gets a favorable government ruling that wouldn’t be available to you or me, what do we call that? A “campaign contribution”.

Let’s call it what it is: a bribe.

The legality of contributing money to political candidates, with the implicit (though not explicit) understanding that that money will buy political favoritism, has been defended by both our courts and our Congress by sanctimoniously pointing to the free speech provisions in the First Amendment to our Constitution and claiming that money is speech. But the absurdity of that contention should be obvious to anyone with some primary school education. Speech is of value from a political standpoint (or any other standpoint) only when it is heard. But if one billionaire has one thousand times as much opportunity to speak through a medium which reaches millions than several thousand other people added together, the speech of that one billionaire will drown out the speech of most other people, thereby interfering with their right to free speech.


Election fraud

Electronic vote switching with DRE (direct-recording electronic) machines poses a great danger to the integrity of our election system – by virtue of its ability to switch a voter’s vote without being noticed by the voter. In other words, someone tries to vote for John Kerry, and the machine registers a vote for George Bush instead. What makes matters worse is that many or most of these machines don’t even produce a piece of paper with the vote on it, which can then later be used for a recount. So, if fraud is suspected there is no recourse. And worse yet is the fact that most of these machines use proprietary (secret) code to determine who the voter voted for.

We know for a fact that vote-switching occurred in the 2004 election. One study, based on voter reports to the national Electronic Incident Reporting System (EIRS), showed that vote switching incidents favored Bush over Kerry by a ratio of 12 to 1 nationally. A similar study showed that these vote switching incidents that favored Bush were 9 times as common in the heavily contested “swing states” than in non-swing states. To make the point that the EIRS reports represent only a small fraction of actual Election Day problems, an investigation by the Washington Post identified about 25 electronic voting machines in Youngstown, Mahoning County, Ohio, that were said to have been switching votes all day long. Yet only eight incidents of this nature from Mahoning County (all in favor of Bush) were reported to EIRS that day.

Clint Curtis, a computer programmer working in Florida prior to the 2004 election, testified before the Democratic staff of the House Judiciary Committee that he was requested in 2000 by his boss (at the request of a high level Republican operative, Tom Feeney) to “develop a prototype of a voting program that could alter the vote tabulation in an election and be undetectable”. Curtis’ testimony was followed by the death of Raymond Lemme, who while investigating Curtis’ allegations was found dead in a Georgia hotel room, just a couple weeks after telling Curtis that he had traced the corruption “all the way to the top”,

Another type of election fraud is the illegal purging of registered voters from the voter rolls. Like vote switching, the increasing computerization of voter registration is no doubt making it much easier to perpetrate this type of fraud on a mass basis.

This article describes a great deal of evidence that voter registration fraud played a major role in the 2004 presidential election, and in fact was probably the deciding factor in Ohio, which gave George Bush his electoral victory. Similarly, although the 2000 presidential election was stolen by a variety of means, voter registration fraud was quantitatively the most important method used. In 2000, the Florida Governor’s office used a computer program to purge tens of thousands of mostly black and Democratic voters.

There are many other means of election fraud that have been used in our country to destabilize our democracy. I discuss this issue in more detail, along with means for preventing election fraud, in this post.


Our corporate news media

If cash donated to their political campaigns is not enough to carry them through to victory, and if election fraud doesn’t happen to play a significant role, the corporate news media serves as another valuable tool for those seeking to sabotage our democracy. This problem overlaps with the role of money in politics, since those who own and control the corporate media are uniformly wealthy, and since it was their money that led to the acts that enabled our corporate media to become what it is today – Ronald Reagan’s veto of Democratic legislation to enforce the Fairness Doctrine in 1987, and the Telecommunications Act of 1996. This legislation allowed the monopoly consolidation of our news media to the point where today it is controlled by a very small number of extremely wealthy individuals.

Several excellent books have been written about the extent to which wealthy corporate interests control our news media today. I would highly recommend “Lapdogs – How the Press rolled Over for Bush”, by Eric Boehlert, “What Liberal Media – The Truth About BIAS and the News”, by Eric Alterman, and “Into the Buzzsaw – The Myth of a Free Press”, edited by Kristina Borjesson. And I have ranted about pseudo-journalists such as Tim Russert, who have made a largely successful, but hypocritical effort to appear unbiased to their viewers.

The bottom line, as Bill Moyers points out, is that the protection offered us by our First Amendment is based on the assumption of a separation of our government and a free press, which is supposed to protect us from government abuses. Moyers wrote this during the Bush administration:

What would happen, however, if the contending giants of big government and big publishing and broadcasting ever joined hands, ever saw eye to eye in putting the public's need for news second to free-market economics? That's exactly what's happening now under the ideological banner of "deregulation". Giant media conglomerates that our founders could not possibly have envisioned are finding common cause with an imperial state in a betrothal certain to produce not the sons and daughters of liberty but the very kind of bastards that issued from the old arranged marriage of church and state.

Consider the situation. Never has there been an administration so disciplined in secrecy, so precisely in lockstep in keeping information from the people at large and -- in defiance of the Constitution -- from their representatives in Congress. Never has the powerful media oligopoly ... been so unabashed in reaching like Caesar for still more wealth and power. Never have hand and glove fitted together so comfortably to manipulate free political debate, sow contempt for the idea of government itself, and trivialize the peoples' need to know.


Secrecy in government

Democracy suffers terribly when a nation’s citizens are uninformed – especially when they are uninformed with respect to the actions and motivations of their own government. If we don’t know what our government is doing, then how can we be expected to vote them out when they do something that we would consider deeply immoral had we known about it?

Consider war for example. If Americans understood the real motivations for its nation’s wars, they would probably be much more likely to strenuously object to those wars. That would make war much less politically feasible, and our country would therefore be led into war much less frequently than it has been in the past.

That is why I so hate the “national security” excuse for withholding information from us, the American people – which has become so routine that it is willingly or passively accepted by the good majority of Americans. I very much doubt that the “national security” excuse for withholding information from the American people has anything to do with national security more than 5% of the time. Rather, the reason for withholding such information from us is almost always something totally different. It is to blind us to the real reasons for war or other nefarious acts, so that we will accept them and willingly support or even risk our lives in their cause.


Rampant U.S. nationalism and the GAME

Two months ago I wrote a DU post that I titled “The GAME”, which I began by discussing “Unmentionable things in U.S. politics” – including such things as the stealing of a U.S. presidential election, calling American military or covert actions immoral rather than merely “misguided”, and imputing bad intentions rather than mere incompetence to a U.S. president.

I find this to be terribly repressive, not because I personally can’t mention these things, but because our elected representatives are under tremendous pressure not to discuss them. We elect them to represent us and our nation, and except for some rare courageous exceptions such as Dennis Kucinich, Cynthia McKinney, and Robert Wexler, they refuse to even talk about some of our very most important issues.

It has occurred to me that this provides the backdrop for a huge GAME that has been foisted upon us. A prerequisite of the GAME is to create an alternate reality that must be believed by a critical mass of people in order for the GAME to proceed. Why is that necessary? I believe it’s necessary because the reality is so terrible that if enough people consciously recognized it they would rise up and simply refuse to play the GAME.

Although the GAME’s masters set the rules, there are two related character traits of many Americans that cause them to play along: Rampant nationalism and a propensity for denial. Rampant nationalism is the attitude that our country is inherently better than any other country – so much so that it can do no wrong. This attitude is drummed into the American people from the time that most of us learn how to talk. We are made to feel that to believe or speak otherwise demonstrates a dangerous lack of “patriotism”, which makes us deserving of being shunned – or worse.

The other character trait that persuades too many Americans to play the GAME is denial. Believing terrible things about one’s country can be very painful. Accepting reality as it is, rather than as one would like it to be, can be very painful. To make this point, in a recent post titled “12 Things that Never Happened in American History”, I discuss the following official stories that we have been told (or not told):

The U.S. is not an imperialist country; FDR’s New Deal was not instrumental in ending the Great Depression; the Cold War was just about fighting totalitarian Communism; JFK was assassinated by a lone gunman; bribery is infrequent in American politics; Iran-Contra was not a criminal abuse of presidential power; U.S. presidential elections cannot be stolen; Bush and Cheney did everything they could to protect us against the 9/11 attacks; the Bush administration’s crimes are not serious enough to warrant impeachment or prosecution; and, we’re barely told about our nation’s killing of more than a million Iraqi civilians, the October Surprise, or Operation Northwoods.


CONSEQUENCES

These impediments to democracy work together to surrender great amounts of power into the hands of a small number of elites, who use that power in the cause of increasing their wealth and power at the expense of everyone else. It is a vicious cycle that is very difficult to break. Here are some of the major tragic consequences.


Rampant militarism and illegal aggression against sovereign nations

We are so often told how good and pure our nation and its people are that only a minority of Americans are aware of the extent of our many illegal and immoral activities. Many or most who aren’t aware of these activities would be shocked to learn about them and quite resistant to accepting that information as the truth.

In myriad instances we have overthrown or assisted in the overthrow of sovereign nations. In the good majority of these instances we have substituted a repressive right wing government for one that was much more responsive to the needs and desires of the nation’s citizenry. Sometimes genocide was used to accomplish our goals. The purpose of these activities has most often been to create a government that is friendlier to the desires of American businesses or corporations – though we always have some sort of rationalization for our actions.

In “Excuses for War” I discuss many of the phony excuses that the United States government has used to lead us into war, including its Indian wars, the Mexican-American War, the Spanish-American War, and the Vietnam War.

In “The Roots and Consequences of U.S. Overseas Imperialism” I note or discuss our covert and overt illegal and immoral overthrowing of the sovereign nations of Hawaii (1893), Cuba (1898), Puerto Rico (1898), the Philippines (1899-1902), Nicaragua (1910), Honduras (1911-1912), Iran (1953), Guatemala (1954), South Vietnam (1963), Chile (1973), Grenada (1983), Panama (1989), Afghanistan (2001), and Iraq (2003).

In “The Meaning of U.S. Imperialism, Genocide and Militarism” I note U.S. perpetrated genocides, as described in “State of Darkness” by David Model, including our atomic bombing of Japan (1945), those perpetrated against Guatemala (1954), Vietnam (1954-73), Indonesia (1965), Cambodia (1970-75), Laos (1969-74), and East Timor (1975), and our two wars against Iraq.

Other atrocities include our invasion of Cuba in 1961; U.S. Marine invasion of the Dominican Republic in 1965 to put down a rebellion against their repressive right wing government; U.S. military support of Haitian tyrant and mass murderer, Francois Duvalier; and numerous brutal interventions in several Latin American and African nations.


Massive Income and wealth inequality

Inequality of wealth in the United States is truly astounding – and it is increasing at a fast rate. In the United States in 2001, 1% of the population controlled 38% of the wealth, whereas the bottom 40% owned just 1%. That means that, on average, individuals in the top 1% owned about 1,500 times more wealth than individuals in the bottom 40%.

The rising level of income inequality in our country recently exceeded the point where it stood just prior to the stock market crash of 1929, which led to the worst depression in U.S. history. There are many who see a connection between the income inequality preceding that depression and our current situation. This graph, which plots income inequality measured as the ratio between the average income of the top 0.01% of U.S. families compared to the bottom 90%, over time, makes that point.

I discuss the subject of income and wealth inequality here, here, and here.


The loss of the rule of law

During the Bush Presidency I often argued that he should be impeached for his many crimes. Now that he can no longer be impeached, I have argued that our Justice Department should prosecute him for those crimes, and if it fails to do so then the International Criminal Court (ICC) should step in.

While Bush was still President, President Obama weighed in against impeachment, saying that impeachment should be reserved for only the most serious crimes. Now that he is President he has thus far given little or no indication that he intends to have his Justice Department prosecute George Bush or any other high level Bush administration official for their crimes. But if widespread torture, an illegal war of aggression, spying on American citizens, suspending of the right of habeas corpus, and numerous other violations of our Constitution don’t constitute serious crimes, then what does?

What would people say if a prosecuting attorney failed to prosecute a rapist and murderer simply because he had high level political connections? Who would accept that? Then why when far more serious crimes are committed by a President of the United States are there so many people who seem to think that it is ok to sit passively by and make no attempt to hold the perpetrators accountable for their crimes?

I’ll tell you why. It’s like I said earlier in this post. Saying that a former U.S. President might be guilty of prosecutable crimes is simply against the rules of the GAME. Given that and the failure to hold the Reagan administration accountable for its Iran-Contra crimes, George Bush and Dick Cheney connected the dots and thought that they might be able to get away with just about anything. Testing that assumption by moving ahead with prosecutions might be politically risky for the Obama administration. The Republican Party would no doubt raise holy hell if there was an attempt to prosecute high level Bush administration officials.

Consequently, we live in country in which, protestations to the contrary notwithstanding, certain people are indeed above the law. That fact, taken together with all of the impediments to democracy discussed in the first part of this post, means that democracy and the rule of law in our country are in grave danger. Indeed, some believe that we narrowly averted a military coup perpetrated by the Bush administration.

The American people and their leaders need to reassess what our country stands for. Is our democracy important enough to take steps to remove the role of money in politics, reform our election system, break up the corporate monopoly on our news media, require government actions to be much more transparent than they now are, and dare to look more objectively at who we are and what we do? Can we give up imperialism and warfare for the sake a world in which nations live and work together to further the cause of peace and justice? Can we make our nation one in which all of its citizens truly have the opportunity for life, liberty and the pursuit of happiness? And do our laws apply to all people, not just to those who lack the political influence to avoid them?

If we think that these things are important we have a great deal of work to do, lest our country sinks into a tyranny from which it may never recover.
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