Latest Threads
Latest
Greatest Threads
Greatest
Lobby
Lobby
Journals
Journals
Search
Search
Options
Options
Help
Help
Login
Login
Home » Discuss » Journals » Time for change » Read entry Donate to DU
Advertise Liberally! The Liberal Blog Advertising Network
Advertise on more than 70 progressive blogs!
THE UNFULFILLED PROMISE
Posted by Time for change in General Discussion (1/22-2007 thru 12/14/2010)
Sun Apr 19th 2009, 08:00 PM
Tomorrow I will be meeting with the staff of my Congressman, Chris Van Hollen, as part of a three-person delegation sponsored by Amnesty International, to request that Van Hollen support measures to investigate and hold the Bush administration responsible for their crimes. The first part of my prepared remarks is a general discussion of the need for more investigation into this issue. The second part is focused on the need to maintain the rule of law and hold high level criminals accountable for their crimes, lest anyone interpret the request for investigations as a substitute for prosecutions:

The need for investigations into Bush administration crimes

Our country has recently suffered through eight years of the most lawless presidential administration in our history. Most important, our president saw fit to declare that the Geneva Conventions no longer applied to his prisoners. That decision not only went far towards destroying the foundations of international law, but it also led to repeated violations of U.S. law and our Constitution.

From that decision, a long series of horrors was unleashed, including torture and the indefinite detention of thousands of men and boys, who were stripped of all their human rights, including their right to challenge their detention in a court of law. Though the Bush administration, with the assistance of our national news media, minimized the extent and severity of those policies, a glimpse of their horrors is provided to us by a 2005 research study, sponsored by the ACLU, which analyzed 44 autopsies of men who died in our detention facilities, and identified 21 of those 44 deaths as homicides.

So, why do we urge the creation of a commission to investigate the Bush administration crimes if we already know about these things?

First of all, too many Americans do not know about them. These crimes have been given way too little attention by our national news media over the past 8 years. The creation of a commission to investigate them would provide much needed attention to some of the worst crimes committed by the U.S. government in our history.

Secondly, it seems highly likely that a vigorous investigation of these things would turn up new revelations that could go a long way towards explaining how and why our country arrived at this sad state of affairs.

We as a nation need to understand how and why this all happened. We owe it to future generations to get to the bottom of this sordid story, so that we can take steps to ensure that it does not happen again.

The need to hold perpetrators accountable for their crimes and uphold the rule of law

Finally, it is essential to hold those responsible for these crimes accountable for their actions. If we fail to do that we essentially condone them. That would send a terrible signal to future government leaders and to the American people. Essentially, we would be signaling that such crimes are not very serious and that they may be committed with impunity – as long as the perpetrators are high enough up in the food chain. If we allow this to pass, we should not be surprised to see it happen again in the not distant future. For that reason, we want to make it absolutely clear that in recommending the creation of a commission of inquiry we do not see it as a substitute for prosecutions of the guilty, but rather as an accompaniment to them.

President Obama has spoken of the need to “look towards the future”. I agree with that. But we cannot look towards the future by ignoring the past and by condoning heinous crimes committed by the highest officials in our government. With that kind of attitude we may as well empty our prisons of all their murderers, on the rationalization that their crimes were committed in the past, and we need to look towards the future instead. Who would accept such a decision?

In a democracy our government officials are supposed to serve us, not the other way around. Why should we tolerate crimes of our government leaders that we wouldn’t tolerate of anyone else? The American people deserve to know what their leaders do in our name, and we deserve accountability from them.

Lastly, I’d like to end with a quote from Dawn Johnsen, President Obama’s choice to head the Office of Legal Counsel at the Justice Department:

“We must avoid any temptation simply to move on. We must instead be honest with ourselves and the world as we condemn our nation's past transgressions and reject Bush's corruption of our American ideals. Our constitutional democracy cannot survive with a government shrouded in secrecy, nor can our nation's honor be restored without full disclosure.”


The need to emerge from the shadow of Bush administration crimes

The other two members of our delegation feel almost exactly the same way that I do about this.

In addition to expanding on some of my points, the delegation member who follows me (who has not yet given me permission to use her name) will emphasize the point that these investigations are further needed in order to address current national policies. Here are excerpts from her remarks:

An investigation is needed to make clear the violations of the past that are framing the understanding of what is legal and illegal, moral and immoral, justifiable and criminal today. It is needed to allow for even the hope of a new course of action concerning torture, domestic spying, and civil and human liberties from this democrat-majority congress and new executive leader. As a member of Amnesty International who has spent the last 8 years vigorously pursuing every line to end torture… I have received little reassurance from the Obama administration or the congressional body that these actions will not continue.

That is why I ask that Congressman Van Hollen support HR 104 (John Conyers’ resolution), as 29 of his colleagues have already done. Supporting HR 104 would represent the majority of Americans who according to a February Gallup poll favor nearly 2 to 1 a criminal investigation or independent panel on the use of torture. This investigation must… make recommendations for changes to the actions we take in the name of national security… We can have little hope of undoing those arguments and addressing the actions that followed if we refuse to investigate.

The American people can expect no protections of their constitutional rights and domestic and international law as long as laws which should never have been passed in the first place are upheld by our congressional representatives. This establishes a seemingly natural state under which formerly illegal actions continue, under the illegal protection of laws that violate our constitutional rights and international law.

An investigation is necessary to expose the widespread violations of international laws banning torture, extraordinary rendition, and arbitrary/indefinite detention that were violated during the past 8 years, and to what extent those violations are becoming the norm under this administration.

We must have a full accounting of the past in order to remedy the present move into the future with clean hands

Without an investigation, there is no reason to believe such actions ended with the changing of the sheets from George Bush’s to Barack Obama’s bed in the White House. President Bush said that the United States does not torture. President Obama has said that the United States will not torture. We know for a fact that one of them (Bush) lied. An investigation would provide better assurance of the truth of Obama’s statement than blind trust: Did the United States torture? Does it still? How will we prevent it in the future? Actions taken in the first 100 days of the Obama administration have led many to believe – and some victims to outright accuse – that things are getting worse, not better under our new leader. A nonpartisan investigation gives the American people the best understanding of the truth in these matters – and our leaders the best hope for new actions and understanding in the future.

Most troubling is the extent to which actions are being taken under the new administration – with seeming approval from a new, Democrat-led house and congress – to prevent any investigation (or prosecutions) of those who we know violated the law… We know that violations have occurred. We have detainees whose rights are continuingly being asserted in our judicial courts, but denied by our executive powers – and ignored by our legislative branch. That did not end on January 20th. Why should we believe that it will not continue? …

I do not accept the justification of state secrets for refusals to release the documentation of illegal actions. I do not accept the argument that looking ahead will amend the wrongs of the past that continue to frame the actions of today, and the hopes of tomorrow. Without an investigation, the American people remain in the dark, threatened by an executive branch with ever-expanding powers and a complicit legislative branch of representatives who violate daily their oaths to uphold the constitution and serve the American people… I do not believe that end has yet come. Actions must be taken to ensure the rule of law in these matters is upheld, or violations will continue.

Some of this could be taken as a criticism of the Obama administration – but it is really not meant to be personally directed at anyone. I have noted before that our presidents may have considerably less power than we ascribe to them. Adlai Stevenson, former two-time Democratic nominee for President, and Ambassador to the United Nations in the Kennedy administration, made that point, when he said privately that Kennedy would never be allowed to establish diplomatic dialogue with Castro (as he intended) because “Unfortunately, the CIA is still in charge of Cuba”.

So, if President Obama really wants to proceed with criminal prosecutions but feels unable to do so for whatever reasons, we would be greatly helping him out by putting pressure on him to do so.


Ensuring that we do not become a totalitarian state

Lastly, Paul Grenier (who has written some interesting things about the 9/11 investigations) will discuss how under the Bush administration we were moving towards being a totalitarian state, and why we may still move in that direction if we don’t address our past. He does that especially by comparing the legal system of the former Soviet Union to that under the Bush administration:

A commission is necessary to establish the truth. Prosecution is necessary to discourage the repetition of the same crimes in the future and for the sake of justice. Full transparency is necessary, among other reasons, to assure us that similar crimes are not still continuing today (under new names and guises), and also to establish the full truth. Action on all these fronts is urgent, moreover, if we would preserve our identity as a nation under the rule of law.

Incredibly, despite the unprecedented unconstitutionality of recent government behavior, such an agenda is far from being vigorously promoted in the White House or in the halls of Congress. Excuses are made that we should ‘look to the future.’ It is as if the practices of recent years were, in the end, no very big deal. But these practices – which have yet to be fully renounced – were and are a very big deal. They are the practices of a totalitarian state….

A comparison of the rule of law in the former Soviet Union with that of the Bush administration

A number of characteristic features of the Soviet system clearly marked it as a nation which flagrantly violated the most basic principles of the rule of law. For example, under the Soviet system, individuals could be detained and mistreated indefinitely on the mere say so of the nation’s chief executive. All that was needed was for the government to declare, without any evidence presented in a fair and open court proceeding, that someone was an ‘enemy of the people.’

Under the rule of law, by contrast, attaching a label to a person is insufficient grounds to deny said person access to the protection of the law.

Under the Bush administration, numerous individuals have been swept up, imprisoned indefinitely, tortured by the CIA directly or rendered to third countries for detention and torture, on the sole basis that the executive branch defined these persons as ‘unlawful enemy combatants’ or ‘terrorists.’ It is no secret that many of these persons later turned out to be innocent of any and all criminal action or even intent.

The use of sleep deprivation and waterboarding are typical practices of totalitarian regimes. It is well known that the virtue of these techniques, from the point of view of totalitarian states, is their effectiveness in extracting false confessions. For example, as was pointed out by Vladimir Bukovksy, the Soviet human rights defender and celebrated pro-democracy dissident, it was precisely sleep deprivation that was used by Stalin’s NKVD to produce false confessions during the famous ‘show trials’ of the 1930s.

The Bush administration made use of both water-boarding and prolonged sleep deprivation – up to eleven days – while interrogating detainees. These interrogations are known for a fact to have produced false, though often convenient, information – including information which was used to justify the US invasion of Iraq


On the need for an independent commission of inquiry

I hope that it is apparent from the above remarks that we see an independent commission of inquiry as complementary to, not as a substitute for, criminal prosecutions of those suspected of crimes. But they are necessary nonetheless. Criminal prosecutions are focused narrowly on determining the guilt or innocence of the accused. They do not address broader issues of how to revise our system of law in order to prevent future violations of the kind that we endured under the Bush administration. Our problems are of such magnitude that punishing the guilty is not enough (alone) to get our country back on track. For example, during the Bush administration our Republican Congress (with help from a minority of Democrats) passed the Military Commissions Act of 2006, which expanded presidential powers to unconstitutional levels and tainted our nation with characteristics of totalitarianism.

In addition, we need to consider the very real possibility that the Obama administration at this time has no intention of moving forward with criminal prosecutions. If that is the case, then one potential means of persuading it to proceed with prosecutions would be to establish a high profile independent commission of inquiry that publicly reveals information that leaves the Obama administration little choice in the matter. Is there a chance that it would fail to do that? Sure. Maybe it’s even likely that it would fail to do that. But that’s no reason not to try.

If I had my choice between a commission of inquiry or criminal prosecutions, I would choose the latter. But that is not my choice to make. I have previously written Attorney General Holder, who has that responsibility, to urge him to undertake criminal prosecutions of Bush administration officials who may have committed serious crimes. I cannot lobby Congress to do that because it is not their responsibility. They don’t have the power to prosecute criminals. They can only undertake investigations or appoint others to investigate. In my letter to Holder I spoke of the Obama administration’s stance of “look forward as opposed to looking backward” as a reason to forego criminal prosecutions. I wrote:

What if we were to take that attitude towards common criminals – say murderers and rapists, for example? What if a prosecuting attorney was to say about the prosecution of a murderer/rapist, "Rather than vengeance, we need a fair-minded pursuit of what actually happened -- so let's forget about prosecuting and just focus on getting to the truth"? Does anybody seriously believe that such an approach would act as a deterrent to murder and rape? Any prosecuting attorney who suggested such a thing would be looking for a new job very soon.

So why should we take such a radically different approach to the crimes of the Bush administration? Why should anyone think that merely establishing the truth of what happened would act as a deterrent to further occurrences, if the establishment of that truth did not lead to prosecutions of the guilty parties?

We also intend to stress that that a commission of inquiry needs to be truly INDEPENDENT and staffed at the highest levels by internationally acknowledged, independent experts on humanitarian law and practice.

Wish us luck, and please feel free to use any ideas in this post in discussion or correspondence with your Congresspersons.
Discuss (96 comments) | Recommend (+90 votes)
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.

Profile Information
Time for change
Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your ignore list
DU Donor DU Donor
12554 posts
Member since Thu Dec 2nd 2004
Silver Spring, MD, US
Male
Visitor Tools
Use the tools below to keep track of updates to this Journal.
The Usual Suspects
Greatest Threads
The ten most recommended threads posted on the Democratic Underground Discussion Forums in the last 24 hours.
StarStar
AlienGirl has passed away
16 recs : By Contrary1
Star
My Forums
Democratic Underground forums and groups from my "My Forums" list.
Random Journal
Random Journal
 
Home  |  Discussion Forums  |  Journals  |  Campaigns  |  Links  |  Store  |  Donate
About DU  |  Contact Us  |  Privacy Policy
Got a message for Democratic Underground? Click here to send us a message.