Posts Tagged ‘George W. Bush’

Canada’s hypocrisy: George W. Bush permitted, George Galloway banned

March 22, 2009

by Lech Biegalski |

Global Research, March 21, 2009

March to War

Those who stand for nothing will fall for anything


On March 17, 2009, George W. Bush was allowed to enter Canada and give a speech to the business community in Calgary. His arrival was accepted by the Canadian government which completely ignored the
Letter to the RCMP issued by the Lawyers Against the War organization.

On March 21, 2009, the BBC reported, “George Galloway, a British member of Parliament, has been banned from Canada on security grounds. /…/ British media reported the decision was due to his views on Afghanistan and the presence of Canadian troops there.”

Shortly after George Galloway was denied entry to Canada to speak at an anti-war event in Toronto, The Canadian Press reported that several organizations expressed their appreciation of the government’s decision:

“The Canadian Jewish Congress quickly issued a statement commending the government for its decision.

“We applaud the Canadian government for keeping George Galloway, a man who thrives on his support of terrorists, out of Canada,” said CJC Co-President Sylvain Abitbol.

“George Galloway publicly brags about his moral and, in some cases financial, support for internationally recognized terrorist organizations including Hamas, Hezbollah and the Taliban. He proudly flaunts his own nation’s laws and dares Western states to prosecute him for his support of terrorists. He is clearly a risk to Canadians,” he added.

“B’nai Brith Canada also endorsed the government’s action.”

Bernie Farber, the CEO of the Canadian Jewish Congress, was available for an interview on the Sympatico MSN Network. Farber described Galloway as a supporter of “terrorism.” By quoting Galloway’s statements out of political context and by presenting Hamas and Hezbollah as “terrorist organizations” out of historical context, Farber has shown a very limited ability to indoctrinate his audience. Using President Obama’s words, “The only place that might work is at Hollywood.”

According to The Canadian Press, the organizers of the event expressed an opposite opinion:

“This is a full frontal attack on free speech in Canada, and one that all supporters of civil liberties must challenge,” said James Clark from the Toronto Coalition to Stop the War.

“Kenney’s ban is an unprecedented move to censor someone whose views are critical of our own government’s foreign policy. We will not accept this ban, and we plan on challenging it.”

The political reaction was divided:

In Winnipeg, Liberal Leader Michael Ignatieff said he didn’t agree with Galloway’s views.

“We let into Canada all kinds of people who say ridiculous and absurd things and Galloway has said his share of ridiculous and absurd things. The issue … is whether the security services know something about George Galloway that I don’t,” he said.

“The minister of immigration is becoming the minister of censorship,” NDP immigration critic Olivia Chow said. “We don’t have to agree with everything Mr. Galloway talks about.

“But, at bare minimum, they should be allowed to express their points of view so Canadians can make decisions themselves. This is pure censorship and it’s wrong.”

George Galloway has been an outspoken peace activist, an opponent of the war in Iraq, the occupation of Afghanistan, the occupation of Palestine, and the Israeli massacres in Lebanon and Gaza.

For the record, here is what George Galloway really stands for:

Continued >>

Canada should bar or prosecute Bush: lawyer

March 13, 2009
Foreign Affairs stays silent on upcoming Calgary visit

As George W. Bush’s St. Patrick’s Day visit to Calgary draws near, the federal government is facing pressure from activists and human rights lawyers to bar the former U.S. president from the country or prosecute him for war crimes and crimes against humanity once he steps on Canadian soil.

Bush is scheduled to speak at the Telus Convention Centre March 17, but Vancouver lawyer Gail Davidson says that because Bush has been “credibly accused” of supporting torture in Iraq and Guantanamo Bay, Cuba, Canada has a legal obligation to deny him entry under Canada’s Immigration and Refugee Protection Act. The law says foreign nationals who have committed war crimes or crimes against humanity, including torture, are “inadmissible” to Canada.

”The test isn’t whether the person’s been convicted, but whether there’s reasonable grounds to think that they have been involved,” says Davidson, who’s with Lawyers Against the War (LAW). “…It’s now a matter of public record that Bush was in charge of setting up a regime of torture that spanned several parts of the globe and resulted in horrendous injuries and even death. Canada has a duty.”

In February, Davidson sent a letter to Prime Minister Stephen Harper and other cabinet ministers asking the Canadian government to either bar Bush from Canada, prosecute him once he arrives, or have the federal attorney general consent to a private prosecution by LAW against the Texan. She hasn’t received a response, and concedes she’s fighting “an uphill battle” with “terrific challenges.” Davidson laid torture charges against Bush during his visit to Vancouver in 2004, but a judge quashed them within days.

The federal government is keeping silent on the upcoming visit. “We have no comments to offer on the visit of Mr. George W. Bush to Calgary,” said Foreign Affairs spokesperson Alain Cacchione in an e-mail to Fast Forward. When told about Davidson’s letter, a spokesperson with the Canadian Border Services Agency said “we wouldn’t comment on something like that.”

Davidson is one of many voices around the world calling for Bush’s prosecution. Earlier this year, Manfred Nowak, the UN’s Special Rapporteur on Torture, said the U.S. has a “clear obligation” to prosecute Bush and former secretary of defence Donald Rumsfeld for authorizing torture — a violation of the UN Convention on Torture. “Obviously the highest authorities in the United States were aware of this,” Nowak told a German TV station in January.

Joanne Mariner, terrorism and counterterrorism director for Human Rights Watch, says that while there’s legally “all the reason in the world” to prosecute decision-makers in the Bush administration, “it’s a different story” politically. “The Obama administration certainly has not given much in the way of encouraging signals for such a prosecution,” says Mariner, who’s based in New York. “Obama has consistently said that he wants to look forward.” Mariner says that while a U.S. justice department investigation is unlikely, a congressional investigation is more probable — and “that could lead to recommendations for prosecution.”

Mariner’s not expecting a Canadian prosecution against Bush. “Obviously the Canadian government would have to be in favour of it, and that seems rather unlikely,” she says.

Calgary activists, meanwhile, are organizing a number of events for the week of Bush’s visit, culminating in a noontime rally outside the Telus Convention Centre during Bush’s speech. “We want to give him the welcome that he deserves — which is we want him to go back to the States, or we want him arrested,” says organizer Collette Lemieux. Activist Julie Hrdlicka, who visited Iraq twice during the American occupation, agrees. “We need to send a clear message to him that he’s not welcome,” she says.

Lemieux is hopeful that Bush will eventually be prosecuted. “Do I think that it’s going to happen very soon? No,” she says. “But I think that it’s very important that we keep the pressure up…. We have to make it clear that there’s accountability.”

The Plaza Theatre, meanwhile, is screening three Bush-themed documentaries for a “Bush Bash Film Fest” the night of the visit. Half the box office proceeds will go to the United Way.

POLITICS-US: Democrats Divided Over “Reckoning” for Bush

February 25, 2009

Analysis by William Fisher | Inter Press Service

NEW YORK, Feb 16 (IPS) – With growing public support for a public investigation of crimes that may have been committed by the administration of former president George W. Bush in waging its “global war on terror”, policy makers and legal experts are deeply divided on how to proceed – and President Barack Obama seems ambivalent about whether to proceed at all.

The president has said his view is that “nobody is above the law, and if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen, but that, generally speaking, I’m more interested in looking forward than I am in looking backwards.”

Before his nomination to be Obama’s attorney general, Eric Holder appeared to take a stronger view.

He said, “Our government authorised the use of torture, approved of secret electronic surveillance against American citizens, secretly detained American citizens without due process of law, denied the writ of habeas corpus to hundreds of accused enemy combatants and authorized the procedures that violate both international law and the United States Constitution… We owe the American people a reckoning.”

But at his confirmation hearing before the Senate, Holder tempered his responses to adhere more closely to Obama’s position.

The president initially refrained from commenting on a proposal from the chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, a Vermont Democrat, for a “truth commission” to investigate abuses of detainees, politically inspired moves at the Justice Department, and a whole range of decisions made during the Bush administration. At the time, Obama said he had not seen the Leahy proposal, although he has not explicitly ruled it out.

Such a “truth commission” is one of several ideas being offered by those who see a comprehensive look-back as essential to cleansing the U.S. justice system and restoring the U.S.’s reputation in the world.

Leahy said the primary goal of the commission would be to learn the truth rather than prosecute former officials, but said the inquiry should reach far beyond misdeeds at the Justice Department under Bush to include matters of Iraq prewar intelligence and the Defence Department.

The panel he envisions would be modeled after one that investigated the apartheid regime in South Africa. It would have subpoena power but would not bring criminal charges, he said.

Among the matters Leahy wants investigated by such a commission are: the firings of U.S. attorneys, treatment and torture of terror suspect detainees, and the authorisation of warrantless wiretapping. He said that witnesses before such a commission might have to be granted limited immunity from prosecution to obtain their testimony.

Other Democrats have called for criminal investigations of those who authorised certain controversial tactics in the war on terror. Republicans have countered that such decisions made in the wake of the 2001 terror attacks should not be second-guessed.

An arguably stronger measure has been proposed by House Judiciary Committee Chairman John Conyers, a Michigan Democrat, and nine other lawmakers. The measure would set up a National Commission on Presidential War Powers and Civil Liberties, with subpoena power and a reported budget of around 3.0 million dollars.

It would investigate issues ranging from detainee treatment to waterboarding and extraordinary rendition. The panel’s members would come from outside the government and be appointed by the president and congressional leaders of both parties.

This body would be much like the 9/11 Commission, set up after the Sep. 11, 2001 attacks, to examine failures within government anti-terror efforts. The commission’s investigation did not lead to any prosecutions.

Human rights advocacy groups and many legal experts have been more forceful in their proposals.

For example, Amnesty International is urging its supporters to press lawmakers to investigate the U.S. government’s abuses in the war on terror and hold accountable those responsible. The organisation is calling on Obama and Congress to create an independent and impartial commission to examine the use of torture, indefinite detention, secret renditions and other illegal U.S. counterterrorism policies.

But the organisation does not necessarily see a conflict between a 9/11-type body and a “truth and reconciliation” commission. In answer to a question from IPS, Amnesty International’s Tom Parker said, “I don’t think the two approaches are mutually exclusive. Both could go forward at the same time. The immunities that may have to be granted by a Truth and Reconciliation Commission would not be absolute.”

Marjorie Cohn, president of the National Lawyers Guild, does not favour the “truth and reconciliation” approach.

She told IPS, “As President Obama said, ‘No one is above the law.’ His attorney general should appoint a special prosecutor to investigate and prosecute Bush administration officials and lawyers who set the policy that led to the commission of war crimes. Truth and Reconciliation Commissions are used for nascent democracies in transition. By giving immunity to those who testify before them, it would ensure that those responsible for torture, abuse and illegal spying will never be brought to justice.”

A similar view was expressed by Peter M. Shane, a law professor at Ohio State University. He told IPS, “The immunities that might be granted in connection with a congressional or commission investigation of the Bush administration could well compromise the prospects for criminal prosecution, as our experience with the Iran-Contra affair demonstrates. There is likewise reason to fear that justice cannot be completely served without recourse to prosecution.”

“On the other hand,” he said, “I believe our paramount need as a country is for a full and fair airing of the historical record; democracies depend, I think, on an unblinking understanding of their past.”

“One would hope that immunity might be granted as narrowly as possible and that efforts would be undertaken to allow the Justice Department to preserve its investigative integrity based on independently developed evidence. Should push come to shove, however, I think history is more important than prosecution,” he added.

Brian J. Foley, visiting associate professor at Boston University law school, takes a harder line. He told IPS, “Until we have Truth and Reconciliation Commissions rather than prosecutions for drug offenders and others accused of non-violent crimes whom we promiscuously throw into our overcrowded prisons, we should not bestow ‘justice lite’ on our political leaders. It appears that laws designed with government actors in mind were broken. There should be prosecutions.”

And Georgetown University’s David Cole, one of the country’s preeminent constitutional lawyers, believes the Obama administration or Congress “should at a minimum appoint an independent, bipartisan, blue-ribbon commission to investigate and assess responsibility for the United States’ adoption of coercive interrogation policies.”

It should have “a charge to assess responsibility, not just to look forward”, he said.

This divergence of viewpoints – from doing nothing to appointing a special prosecutor – is putting President Obama in an uncomfortable position. The most recent Gallup Poll shows that a sizable majority of citizens favours an investigation into Bush-era misconduct.

But Obama appears reluctant to take any action that might further divide the country. Moreover, he may be loath to antagonise Republicans, whose support he may need on many other issues in the future.

The Democratically-controlled Congress does not need the president in order to act – it can hold extensive hearings, grant itself subpoena power and in effect take whatever action it desires short of legislation, which would require the president’s signature. But Congressional Democrats may well be reluctant to overtly defy the wishes of the president, who is the leader of their party.

So the form of the Bush-era retrospective – if there is to be one – is yet very much a work in progress that will continue to put pressure on the young Obama administration.

War Criminals, Including Their Lawyers, Must Be Prosecuted

February 21, 2009

Marjorie Cohn, Feb 19, 2009

Since he took office, President Obama has instituted many changes that break with the policies of the Bush administration. The new president has ordered that no government agency will be allowed to torture, that the U.S. prison at Guantánamo will be shuttered, and that the CIA’s secret black sites will be closed down. But Obama is non-committal when asked whether he will seek investigation and prosecution of Bush officials who broke the law. “My view is also that nobody’s above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen,” Obama said. “But,” he added, “generally speaking, I’m more interested in looking forward than I am in looking backwards.” Obama fears that holding Team Bush to account will risk alienating Republicans whom he still seeks to win over.

Obama may be off the hook, at least with respect to investigating the lawyers who advised the White House on how to torture and get away with it. The Office of Professional Responsibility (OPR) has written a draft report that apparently excoriates former Justice Department lawyers John Yoo and Jay Bybee, authors of the infamous torture memos, according to Newsweek’s Michael Isikoff. OPR can report these lawyers to their state bar associations for possible discipline, or even refer them for criminal investigation. Obama doesn’t have to initiate investigations; the OPR has already launched them, on Bush’s watch.

The smoking gun that may incriminate George W. Bush, Dick Cheney, et al., is the email traffic that passed between the lawyers and the White House. Isikoff revealed the existence of these emails on The Rachel Maddow Show. Some maintain that Bush officials are innocent because they relied in good faith on legal advice from their lawyers. But if the president and vice president told the lawyers to manipulate the law to allow them to commit torture, then that defense won’t fly.

A bipartisan report of the Senate Armed Services Committee found that “senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.”

Cheney recently admitted to authorizing waterboarding, which has long been considered torture under U.S. law. Donald Rumsfeld, Condoleezza Rice, George Tenet, Colin Powell, and John Ashcroft met with Cheney in the White House basement and authorized harsh interrogation techniques, including waterboarding, according to an ABC News report. When asked, Bush said he knew about it and approved.

John Yoo wrote in a Wall Street Journal oped that Bush “could even authorize waterboarding, which he did three times in the years after 9/11.”

A representative of the Justice Department promised that OPR’s report would be released sometime last November. But Bush’s attorney general Michael Mukasey objected to the draft. A final version will be presented to Attorney General Eric Holder. The administration will then have to decide whether to make it, and the emails, public and then how to proceed.

When the United States ratified the Convention Against Torture, we promised to extradite or prosecute those who commit, or are complicit in the commission, of torture. We have two federal criminal statutes for torture prosecutions – the Torture Statute and the War Crimes Act (torture is considered a war crime under U.S. law). The Torture Convention is unequivocal: nothing, including a state of war, can be invoked as a justification for torture.

Yoo redefined torture much more narrowly than U.S. law provides, and counseled the White House that it could evade prosecution under the War Crimes Act by claiming self-defense or necessity. Yoo knew or should have known of the Torture Convention’s absolute prohibition of torture.

There is precedent for holding lawyers criminally liable for giving legally erroneous advice that resulted in great physical or mental harm or death. In U.S. v. Altstoetter, Nazi lawyers were convicted of war crimes and crimes against humanity for advising Hitler on how to “legally” disappear political suspects to special detention camps.

Almost two-thirds of respondents to a USA Today/Gallup Poll favor investigations of the Bush team for torture and warrantless wiretapping. Nearly four in 10 favor criminal investigations. Cong. John Conyers has introduced legislation to establish a National Commission on Presidential War Powers and Civil Liberties. Sen. Patrick Leahy advocates for a Truth and Reconciliation Commission; but this is insufficient. TRC’s are used for nascent democracies in transition. By giving immunity to those who testify before them, it would ensure that those responsible for torture, abuse and illegal spying will never be brought to justice.

Attorney General Eric Holder should appoint a Special Prosecutor to investigate and prosecute high Bush officials including lawyers like John Yoo who gave them “legal” cover. Obama is correct when he said that no one is above the law. Accountability is critical to ensuring that our leaders never again torture and abuse people.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild.  She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), which will be published this winter by PoliPointPress.  Her articles are archived at www.marjoriecohn.com (The views expressed in this article are solely those of the writer; she is not acting on behalf of the National Lawyers Guild or Thomas Jefferson School of Law)

The U.S. Imperial Triangle and Military Spending

February 18, 2009

John Bellamy Foster, Hannah Holleman, and Robert W. McChesney | Monthly Review, October 2008

The United States is unique today among major states in the degree of its reliance on military spending, and its determination to stand astride the world, militarily as well as economically. No other country in the post–Second World War world has been so globally destructive or inflicted so many war fatalities. Since 2001, acknowledged U.S. national defense spending has increased by almost 60 percent in real dollar terms to a level in 2007 of $553 billion. This is higher than at any point since the Second World War (though lower than previous decades as a percentage of GDP). Based on such official figures, the United States is reported by the Stockholm International Peace Research Institute (SIPRI) as accounting for 45 percent of world military expenditures. Yet, so gargantuan and labyrinthine are U.S. military expenditures that the above grossly understates their true magnitude, which, as we shall see below, reached $1 trillion in 2007.1

Externally, these are necessary expenditures of world empire. Internally, they represent, as Michal Kalecki was the first to suggest, an imperial triangle of state-financed military production, media propaganda, and real/imagined economic-employment effects that has become a deeply entrenched, and self-perpetuating feature of the U.S. social order.2

Many analysts today view the present growth of U.S. militarism and imperialism as largely divorced from the earlier Cold War history of the United States, which was commonly seen as a response to the threat represented by the Soviet Union. Placed against this backdrop the current turn to war and war preparation appears to numerous commentators to lack a distinct target, despite concerns about global terrorism, and to be mainly the product of irrational hubris on the part of U.S. leaders. Even as insightful a left historian as Eric Hobsbawm has recently adopted this general perspective. Thus in his 2008 book On Empire Hobsbawm writes:

Frankly, I can’t make sense of what has happened in the United States since 9/11 that enabled a group of political crazies to realize long-held plans for an unaccompanied solo performance of world supremacy….Today a radical right-wing regime seeks to mobilize “true Americans” against some evil outside force and against a world that does not recognize the uniqueness, the superiority, the manifest destiny of America…. In effect, the most obvious danger of war today arises from the global ambitions of an uncontrollable and apparently irrational government in Washington….To give America the best chance of learning to return from megalomania to rational foreign policy is the most immediate and urgent task of international politics.3

Such a view, which sees the United States as under the influence of a new irrationalism introduced by George W. Bush and a cabal of neoconservative “political crazies,” and consequently calls for a return from “megalomania to rational foreign policy,” downplays the larger historical and structural forces at work that connect the Cold War and post–Cold War imperial eras. In contrast, a more realistic perspective, we believe, can be obtained by looking at the origins of the U.S. “military ascendancy” (as C. Wright Mills termed it) in the early Cold War years and the centrality this has assumed in the constitution of the U.S. empire and economy up to the present.4

The Permanent War Economy and Military Keynesianism

In January 1944 Charles E. Wilson, president of General Electric and executive vice chairman of the War Production Board, delivered a speech to the Army Ordnance Association advocating a permanent war economy. According to the plan Wilson proposed on that occasion, every major corporation should have a “liaison” representative with the military, who would be given a commission as a colonel in the Reserve. This would form the basis of a program, to be initiated by the president as commander in chief in cooperation with the War and Navy departments, designed to bind corporations and military together into a single unified armed forces-industrial complex. “What is more natural and logical,” he asked, “than that we should henceforth mount our national policy upon the solid fact of an industrial capacity for war, and a research capacity for warthat is already ‘in being’? It seems to me anything less is foolhardy.” Wilson went on to indicate that in this plan the part to be played by Congress was restricted to voting for the needed funds. Further, it was essential that industry be allowed to play its central role in this new warfare state without being hindered politically “or thrown to the fanatical isolationist fringe [and] tagged with a ‘merchants-of-death’ label.”

In calling, even before the Second World War had come to a close, for a “continuing program of industrial preparedness,” for war, Charles E. Wilson (sometimes referred to as “General Electric Wilson” to distinguish him from “General Motors Wilson”—Charles Erwin Wilson, president of General Motors and Eisenhower’s secretary of defense) was articulating a view that was to characterize the U.S. oligarchy as a whole during the years immediately following the Second World War. In earlier eras it had been assumed that there was an economic “guns and butter” trade-off, and that military spending had to occur at the expense of other sectors of the economy. However, one of the lessons of the economic expansion in Nazi Germany, followed by the experience of the United States itself in arming for the Second World War, was that big increases in military spending could act as huge stimulants to the economy. In just six years under the influence of the Second World War the U.S. economy expanded by 70 percent, finally recovering from the Great Depression. The early Cold War era thus saw the emergence of what later came to be known as “military Keynesianism”: the view that by promoting effective demand and supporting monopoly profits military spending could help place a floor under U.S. capitalism.5

John Maynard Keynes, in his landmark General Theory of Employment, Interest and Money, published in 1936, in the midst of the Depression, argued that the answer to economic stagnation was to promote effective demand through government spending. The bastardized Keynesianism that came to be known as “military Keynesianism” was the view that this was best effected with the least negative consequences for big business by focusing on military spending. As Joan Robinson, one of Keynes’s younger colleagues, critically explained in her iconoclastic lecture, “The Second Crisis of Economic Theory,” before the American Economic Association on December 27, 1971:

The most convenient thing for a government to spend on is armaments. The military-industrial complex [thus] took charge. I do not think it plausible to suppose that the cold war and several hot wars were invented just to solve the employment problem. But certainly they have had that effect. The system had the support not only of the corporations who make profits under it and the workers who got jobs, but also of the economists who advocated government loan-expenditure as a prophylactic against stagnation. Whatever were the deeper forces leading to the hypertrophy of military power after the world war was over, certainly they could not have had such free play if the doctrine of sound finance had still been respected. It was the so-called Keynesians who persuaded successive Presidents that there is no harm in a budget deficit and left the military-industrial complex to take advantage of it. So it has come about that Keynes’ pleasant daydream was turned into a nightmare of terror.6

The first to theorize this tendency toward military Keynesianism under monopoly capitalism, was the Polish economist Michal Kalecki (most famous, as Robinson pointed out in the above-mentioned lecture, for having discovered the essentials of Keynes’s General Theory before Keynes himself). In a 1943 essay on “The Political Aspects of Full Employment” and in subsequent essays, Kalecki argued that monopoly capital had a deep aversion to increased civilian government spending due to its intrusion on the commodity market and the sphere of private profit, but that this did not apply in the same way to military spending, which was seen by the vested interests as adding to rather than crowding out profits. If absorption of the massive economic surplus of large corporate capital through increased government spending was the key to accumulation in post–Second World War U.S. capitalism, this was dependent principally on military expenditures, or what Kalecki in 1956 labeled “the armament-imperialist complex.” This resulted in a “high degree of utilization” of productive capacity and “counteracted the disrupting influence of the increase in the relative share of accumulation of big business in the national product.”7

For Kalecki this new military-supported regime of accumulation that came to characterize U.S. monopoly capital by the mid-1950s established a strong political-economic foundation for its own rule “based on the following [imperial] triangle”:

  1. Imperialism contributes to a relatively high level of employment through expenditures on armaments and ancillary purposes and through the maintenance of a large body of armed forces and government employees.
  2. The mass communications media, working under the auspices of the ruling class, emits propaganda aimed at securing the support of the population for this armament-imperialist set-up.
  3. The high level of employment and the standard of living increased considerably as compared with before the war (as a result of the rise in the productivity of labor), and this facilitated the absorption of this propaganda to the broad masses of the population.

Mass communication occupied a central place in this imperial triangle. An essential part of Kalecki’s argument was that “the mass communication media, such as the daily press, radio, and television in the United States are largely under the control of the ruling class.” As none other than Charles E. (General Electric) Wilson, then defense mobilization director, put it in a speech to the American Newspaper Publishers Association on April 26, 1951, the job of the media was to bring “public opinion, as marshaled by the press” to the support of the permanent war effort (italics added).8

The result by the mid-1950s was a fairly stable militarized economy, in which intertwined imperial, political-economic, and communication factors all served to reinforce the new military-imperial order. Kalecki observed that U.S. trade unions were “part and parcel of the armament-imperialist set-up. Workers in the United States are not duller and trade union leaders are not more reactionary ‘by nature’ than in other capitalist countries. Rather, the political situation in the United States, is simply, in accordance with the precepts of historical materialism, the unavoidable consequence of economic developments and of characteristics of the superstructure of monopoly capitalism in its advanced stage.” All of this pointed to what Harry Magdoff was to call the essential “one-ness of national security and business interests” that came to characterize the U.S. political economy and empire.9

Many of Kalecki’s ideas were developed further by Paul Baran and Paul Sweezy in 1966 in Monopoly Capital. Baran and Sweezy argued there were at least five political-economic-imperial ends propelling the U.S. oligarchy in the 1950s and ’60s toward the creation of a massive military establishment: (1) defending U.S. global hegemony and the empire of capital against external threats in the form of a wave of revolutions erupting throughout the world, simplistically viewed in terms of a monolithic Communist threat centered in the Soviet Union; (2) creating an internationally “secure” platform for U.S. corporations to expand and monopolize economic opportunities abroad; (3) forming a government-sponsored research and development sector that would be dominated by big business; (4) generating a more complacent population at home, made less recalcitrant under the nationalistic influence of perpetual war and war preparation; and (5) soaking up the nation’s vast surplus productive capacity, thus helping to stave off economic stagnation, through the promotion of high-profit, low-risk (to business) military spending. The combined result of such political-economic-imperial factors was the creation of the largest, most deeply-entrenched and persistent, “peacetime” war machine that the world had ever seen.10

Like Kalecki, Baran and Sweezy argued that the U.S. oligarchy kept a “tight rein on civilian [government] spending,” which, they suggested, “had about reached its outer limits” as a percentage of national income “by 1939,” but was nonetheless “open-handed with the military.” Government-pump priming operations therefore occurred largely through spending on wars and war preparations in the service of empire. The Pentagon naturally made sure that bases and armaments industries were spread around the United States and that numerous corporations profited from military spending, thus maximizing congressional support due to the effects on states and districts.11

For members of the U.S. oligarchy and their hangers-on, the virtuous circle of mutually reinforcing military spending and economic growth represented by military Keynesianism was something to be celebrated rather than held up to criticism. Harvard economist Sumner Slichter explained to a banker’s convention in October 1949, that as long as Cold War spending persisted a severe economic depression was “difficult to conceive.” The Cold War “increases the demand for goods, helps sustain a high level of employment, accelerates technological progress and thus helps the country to raise its standard of living….So we may thank the Russians for helping make capitalism in the United States work better than ever.”

Similarly, U.S. News and World Report told its readers on May 14, 1950 (a month before the outbreak of the Korean War):

Government planners figure they have found the magic formula for almost endless good times. They are now beginning to wonder if there may not be something to perpetual motion after all. Cold war is the catalyst. Cold war is an automatic pump primer. Turn a spigot, and the public clamors for more arms spending. Turn another, the clamor ceases. Truman confidence, cockiness, is based on this “Truman formula.” Truman era of good times, President is told, can run much beyond 1952. Cold war demands, if fully exploited, are almost limitless.

In the same vein, U.S. News and World Report was to declare in 1954: “What H-bomb means to business. A long period…of big orders. In the years ahead, the effects of the new bomb will keep on increasing. As one appraiser puts it: ‘The H-bomb has blown depression-thinking out the window.’” In 1959 David Lawrence, editor of U.S. News and World Report, indicated that he viewed with equanimity the suggestion that the United States “might conceivably strike first in what has become known as ‘preemptive’ rather than ‘preventive’ war.”

Henry Luce, the media mogul at the head of the Time-Life empire, who coined the term “the American Century,” observed in November 1957 in Fortune that the United States “can stand the load of any defense effort required to hold the power of Soviet Russia in check. It cannot, however, indefinitely stand the erosion of creeping socialism and the ceaseless extension of government activities into additional economic fields” beyond the military. This was directly in line with Kalecki’s and Baran and Sweezy’s contention that the system was tight-fisted where civilian spending was concerned and open-handed with the military.

Remarking on the success of military Keynesianism in promoting economic prosperity, the influential Harvard economist Seymour Harris wrote in the The New York Times Magazine in 1959: “If we treat the years from 1941 to the present as a whole, we find again that a period of record prosperity coincided with a period of heavy military outlay….About one dollar out of seven went for war and preparation for war, and this expenditure was undoubtedly a stimulus to the economy.”12

A military Keynesian view was close to the heart of the major U.S. planning document of the Cold War, NSC-68, issued in April 1950 shortly before the Korean War by the U.S. National Security Council  and signed by President Truman in September 1950, but not declassified until 1975. Drafted by Paul Nitze, then head of the policy review group in the state department, the main intent of NSC-68 was to construct a rollback strategy against the Soviet Union. It called for a vast increase in military spending above its already high levels, and considered the possibility that “in an emergency the United States could devote upward of 50 percent of its gross national product” to the military effort as in the Second World War. “From the point of view of the economy as a whole,” NSC-68 declared,

the program [of military expansion] might not result in a real decrease in the standard of living, for the economic effects of the program might be to increase the gross national product by more than the amount being absorbed for additional military and foreign assistance purposes. One of the most significant lessons of our World War II experience was that the American economy, when it operates at a level approaching full efficiency [full capacity], can provide enormous resources for purposes other than civilian consumption while simultaneously providing a high standard of living. After allowing for price changes, personal consumption expenditures rose by almost one-fifth between 1939 and 1944, even though the economy had in the meantime increased the amount of resources going into Government use by $60[–]$65 billion (in 1939 prices).13

U.S. militarism was therefore motivated first and foremost by a global geopolitical struggle, but was at the same time seen as essentially costless (even beneficial) to the U.S. economy, which could have more guns and more butter too. It was thus viewed as a win-win solution for the U.S. empire and economy.

By the time that President Eisenhower (who played a role in this military expansion) raised concerns about what he dubbed the “military-industrial complex” in his farewell address of January 17, 1961, it was already so firmly established as to constitute the permanent war economy envisioned by Charles E. (General Electric) Wilson. As Eisenhower’s secretary of defense, Charles Erwin (General Motors) Wilson (best known for having created a major flap by saying that “what is good for General Motors is good for the country”), observed in 1957, the military set-up was then so built into the economy as to make it virtually irreversible: “so many Americans are getting a vested interest in it: Properties, business, jobs, employment, votes, opportunities for promotion and advancement, bigger salaries for scientists and all that….If you try to change suddenly you get into trouble….If you shut the whole business off now, you will have the state of California in trouble because such a big percentage of the aircraft industry is in California.”14

Hence, the concern that Eisenhower voiced in his farewell address about a “permanent armaments industry of vast proportions” and the fact that “we annually spend on military security alone more than the net income of all United States corporations”15 was a belated recognition of what had already become an established fact. The need for the gargantuan military-industrial complex that the United States developed in these years was not so much for purposes of economic expansion directly (though military Keynesianism pointed to its stimulating effects) but due to the reality, as Baran and Sweezy emphasized, that the capitalist world order and U.S. hegemony could only be maintained “a while longer,” in the face of rising insurgencies throughout the world, through “increasingly direct and massive intervention by American armed forces.”16 This entire built-in military system could not be relinquished without relinquishing empire. Indeed, the chief importance of U.S. military power from the early Cold War years to today has been that it is used—either directly, resulting in millions of deaths (counting those who died in the Korean War, the Vietnam War, the Gulf War, the Kosovo War, the Afghanistan and Iraq Wars, as well as dozens of lesser conflicts), or indirectly, as a means to intimidate.17

The most important left analysts of these developments in the 1950s and ’60s, Kalecki, Baran, Sweezy, and Magdoff, insisted—going against the dominant U.S. Cold War ideology—that the cause of U.S. military spending was capitalist empire, rather than the need to contain the Soviet threat. The benefits of military spending to monopoly capital, moreover, guaranteed its continuation, barring a major social upheaval. The decade and a half since the fall of the Soviet Union has confirmed the accuracy of this assessment. The euphoria of the “peace dividend” following the end of the Cold War evaporated almost immediately in the face of new imperial requirements. This was a moment of truth for U.S. capitalism, demonstrating how deeply entrenched were its military-imperial interests. By the end of the 1990s U.S. military spending, which had been falling, was on its way up again.

Today, in what has been called a “unipolar world,” U.S. military spending for purposes of empire is rapidly expanding—to the point that it rivals that of the entire rest of the world put together. When it is recognized that most of the other top ten military-spending nations are U.S. allies or junior partners, it makes the U.S. military ascendancy even more imposing. Only the reality of global empire (and the effects of this on the internal body politic) can explain such an overwhelming destructive power. As Atlantic Monthly correspondent Robert Kaplan proudly proclaimed in 2005: “By the turn of the twenty-first century the United States military had already appropriated the entire earth, and was ready to flood the most obscure areas of it with troops at a moment’s notice.”18

Continued >>

Torture Report Erodes War Criminal President Bush’s Defense

February 16, 2009

Jason Leopold | Consortiumnews.com, Feb 15, 2009

A key line in George W. Bush’s defense against war crimes charges has weakened with the disclosure that an internal Justice Department watchdog has concluded that the legal advice, which cleared the way for Bush’s policies on torture and other abuse of detainees, was tainted by political influence.

An investigation by H. Marshall Jarrett, head of the Justice Department’s Office of Professional Responsibility, reached “damning” conclusions about numerous cases of “misconduct” in the advice from John Yoo and other lawyers in the Office of Legal Counsel during the Bush administration, according to legal sources familiar with the report’s contents.

OPR investigators determined that Yoo blurred the lines between an attorney charged with providing independent legal advice to the White House and a policy advocate who was working to advance the administration’s goals, said the sources who spoke on condition of anonymity because the contents of the report are still classified.

One part of the OPR report criticized Yoo’s use of an obscure 2000 health benefits statute to narrow the definition of torture in a way that permitted waterboarding and other acts that have historically been regarded as torture under U.S. law, the sources said.

The report also criticizes Yoo’s legal theories that the President of the United States had the right to suspend Fourth Amendment protections against unreasonable searches and seizures, the sources said. It is believed that Yoo’s legal theories led to a warrantless wiretap program after 9/11.

The OPR report was completed late last year but was kept under wraps by Attorney General Michael Mukasey while Bush finished out his days in office, the sources said.

Bush’s Defense

The OPR’s findings could influence whether Bush and other senior officials are held to account for torture and other war crimes. Bush has pinned his defense on the fact that he had received advice from Yoo and other Justice Department lawyers that the brutal interrogations of “war on terror” detainees did not constitute torture or violate other laws of war.

Bush’s line of defense could collapse if it were determined that the lawyers were colluding with administration officials in setting policy, rather than providing objective legal analysis. Already, extensive evidence exists, including Yoo’s own writings, showing that he participated in high-level administration meetings to discuss and set policy.

For instance, in his 2006 book War by Other Means, Yoo describes his involvement in frequent White House meetings regarding what “other means” should receive a legal stamp of approval. Yoo, who was a deputy assistant attorney general assigned to the powerful Office of Legal Counsel at the Justice Department, wrote:

“As the White House held its procession of Christmas parties and receptions in December 2001, senior lawyers from the Attorney General’s office, the White House counsel’s office, the Departments of State and Defense and the NSC [National Security Council] met a few floors away to discuss the work on our opinion. …

“This group of lawyers would meet repeatedly over the next months to develop policy on the war on terrorism. We certainly did not all agree, nor did we always get along, but we all believed that we were doing what was best for the nation and its citizens.

“Meetings were usually chaired by Alberto Gonzales,” who was then White House counsel and later became Bush’s second Attorney General. Yoo identified other key players as Timothy Flanigan, Gonzales’s deputy; William Howard Taft IV from State; John Bellinger from the NSC; William “Jim” Haynes from the Pentagon; and David Addington, counsel to Vice President Dick Cheney.

What Yoo’s book and other evidence make clear is that the lawyers from the Justice Department’s OLC weren’t just legal scholars handing down opinions from an ivory tower; they were participants in how to make Bush’s desired actions “legal” even if the arguments were professionally flawed.

For instance, the Aug. 1, 2002, OLC opinion known as the “torture memo,” which opened the door to abusive tactics such as waterboarding, which subjects a detainee to the sensation that he is drowning, was rescinded soon after Jack Goldsmith became head of the OLC in fall 2003.

Goldsmith later described the opinion as “legally flawed” and “sloppily written.” The OPR report concurs in Goldsmith’s judgment, the sources said.

Congressional Interest

Asked to comment about the OPR report and the disclosure that Mukasey blocked its delivery to Congress, staffers for Democratic Sens. Dick Durbin and Sheldon Whitehouse said they were working on a letter to Jarrett to inquire about the circumstances that resulted in the report being kept under wraps.

A year ago, Whitehouse and Durbin discovered the existence of the internal probe after writing a letter to the Justice Department’s watchdog agencies requesting an investigation into the role “Justice Department officials [played] in authorizing and/or overseeing the use of waterboarding by the Central Intelligence Agency… and whether those who authorized it violated the law.”

The questions posed by the senators included whether the legal advice met professional standards and whether the lawyers were “insulated from outside pressure to reach a particular conclusion?” Whitehouse and Durbin also asked what role was played by Bush’s White House and the CIA in possibly influencing “deliberations about the lawfulness of waterboarding?”

Jarrett responded by saying the senators’ concerns were already part of a pending investigation that OPR was conducting into the genesis of the Aug. 1, 2002, legal opinion.

Because Yoo no longer works for the Justice Department, OPR can only recommend state bar associations conduct a review of his work to determine if he breached ethics and should be punished. The punishment could include disbarment.

The report also recommends state bar associations review the work of Jay Bybee, who was Yoo’s boss at the OLC, the sources said. Bybee signed the so-called torture memo and other controversial legal opinions that Yoo helped to draft.

Troubling Narrative

OPR investigators poured over thousands of pages of internal Justice Department e-mails and White House memos over the past four years and built a disturbing narrative about Yoo’s work, the sources said, adding that OPR investigators also examined Yoo’s book for further evidence that he had fixed the law around the administration’s policy interests.

In War by Other Means, Yoo wrote: “The only way to prevent future September 11s will be by acquiring intelligence. The main way of doing that is by interrogating captured al-Qaeda leaders or breaking into their communications…. In an opinion eventually issued on Jan. 22, 2002, OLC concluded that al-Qaeda could not claim the benefits of the Geneva Conventions.”

In the context of explaining why detainees were not entitled to the benefits of the Geneva Convention or prisoner of war status, Yoo wrote:

“When our group of lawyers visited Gitmo, the Marine general in charge told us that several of the detainees had arrived screaming that they wanted to kill guards and other Americans. …

“Many at Gitmo are not in a state of calm surrender. Open barracks for most are utterly impossible; some al-Qaeda detainees want to kill not only guards, but their peers who might be cooperating with the United States. The provision of ordinary POW rights…is infeasible.”

Yoo’s argument that only quiet POWs “in a state of calm surrender” should qualify for Geneva protections might be news to many former U.S. POWs, including Sen. John McCain, who have boasted about their various forms of resistance to their captors.

Yoo added that a few weeks after he returned from Guantanamo “the lawyers met again in the White House Situation Room to finally resolve the issue for presidential decision.”

“If Geneva Convention rules were applied, some believed they would interfere with our ability to apprehend or interrogate al-Qaeda leaders,” Yoo wrote. “We would be able to ask Osama bin Laden loud questions and nothing more. Geneva rules were designed for mass armies, not conspirators, terrorists or spies.”

Long Battle

The OPR probe was launched in mid-2004 after a meeting in which Jack Goldsmith, then head of the OLC, got into a tense debate with then-White House counsel  Alberto Gonzales about the torture memo. Following the meeting, Goldsmith, who had rescinded the memo, resigned.

According to people familiar with the OPR report, Yoo was briefed on the report in January.  Yoo is said to have informed officials at the University of California at Berkeley, where he is a tenured law professor, according to two senior law school officials.

Yoo is now a visiting law professor at Chapman University School of Law in Orange, California, where he teaches foreign relations law. I approached him on campus recently and asked him about the report’s findings but he refused to comment. Chapman University officials also declined to comment.

In a letter to faculty and students last December, Law School Dean John Eastman said “Chapman University officials have received several notes of concern about my decision to offer Professor John Yoo a distinguished visitorship at the Chapman University School of Law.”

“I would encourage those who object to Professor Yoo’s appointment here to read his scholarly work on the subject of Executive power, and in particular the memos he authored while serving in the administration,” Dean Eastman wrote Dec. 18, 2008. “You will find that Yoo’s position, while disputed, is far from ignorant or disrespectful of the Constitution.”

Dawn Johnsen, who has been tapped by President Barack Obama to head the Office of Legal Counsel, has publicly criticized the work of Yoo and other OLC officials under Bush. In a 2006 Indiana Law Journal article, she said the function of OLC should be to “provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies.”

“The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients’ desired actions, inadequately promotes the President’s constitutional obligation to ensure the legality of executive action,” said Johnsen, who served in the OLC under President Bill Clinton.

In a 2007 UCLA Law Review article, Johnsen said Yoo’s Aug. 1, 2002, torture memo is “unmistakably” an “advocacy piece.”

“OLC abandoned fundamental practices of principled and balanced legal interpretation,” Johnsen wrote. “The Torture Opinion relentlessly seeks to circumvent all legal limits on the CIA’s ability to engage in torture, and it simply ignores arguments to the contrary.

“The Opinion fails, for example, to cite highly relevant precedent, regulations, and even constitutional provisions, and it misuses sources upon which it does rely. Yoo remains almost alone in continuing to assert that the Torture Opinion was ‘entirely accurate’ and not outcome driven.”

[For another story about the OPR report, see Newsweek’s “A Torture Report Could Spell Big Trouble for Bush Lawyers.”]

President Obama Offers Internationalist Vision

January 21, 2009

By Jim Lobe | Inter Press Service


WASHINGTON, Jan 20 (IPS) – Speaking before a record crowd estimated at between two and three million people at his inauguration here Tuesday, U.S. President Barack Obama promised a foreign policy of “humility and restraint” and “greater cooperation and understanding between nations”.

In his first address as president, Obama also said he will take “bold and swift” action to address the deepening economic crisis designed to roll back the excesses of the market and “lay a new foundation for growth,” and to ensure that, in dealing with terrorist threats, he will seek to protect the rule of law and human rights.

“As for our common defence, we reject as false the choice between our safety and our ideals,” he asserted in an implicit rejection of the policies of his predecessor, George W. Bush, that received the strongest applause of a 15-minute address delivered shortly after he was sworn into office by Supreme Court Chief Justice John Roberts on the balcony of the U.S. Capitol.

“Our Founding Fathers, faced with perils we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generation. Those ideals still light the world, and we will not give them up for expedience’s sake.”

Obama’s swearing-in, which took place at noon in bright sunshine but frigid temperatures, was preceded by 90 minutes of pomp, music and circumstance, as the nation’s governors, congressmen, senators, past presidents and vice presidents all filed in before Bush himself was announced – to scattered booing and then an embarrassing silence, followed by Obama, who drew waves of cheering.

But most impressive was the immense crowd that gathered for the occasion. It stretched from the base of the Capitol Building down the stately National Mall to the Lincoln Memorial some three kms away. The previous record for an inauguration was 1.5 million in 1965 when Lyndon Johnson was sworn in for his first full term.

The celebration was clouded shortly later Tuesday afternoon as news spread that Sen. Edward Kennedy, who was diagnosed with brain tumor last year, reportedly suffered a seizure during a lunch reception held for Obama in the Capitol by the Congressional leadership after the swearing-in.

Obama’s speech, delivered in the same confident oratorical style that has become his trademark since he first emerged into the national spotlight at his keynote speech at the Democratic National Convention in Boston in 2004, was both grim and determined, noting that Washington is not only “at war, against a far-reaching network of violence and hatred,” but also that the U.S. economy is “badly weakened”.

“Less measurable but no less profound is a sapping of confidence across our land – a nagging fear that America’s decline is inevitable, and that the next generation must lower its sights,” he said, adding that the challenges faced by the country are “serious and they are many. They will not be met easily or in a short span of time. But know this, America – they will be met.”

On the economy, Obama indicated he intended to take strong action on the nation’s transportation and communications infrastructure, health care, and alternative energy sources, notably solar, wind, and biofuels, among other areas. In another swipe at Bush, he promised to “restore science to its rightful place”.

“Now, there are some who question the scale of our ambitions – who suggest that our system cannot tolerate too many big plans,” he said. “Their memories are short.”

“What the cynics fail to understand is that the ground has shifted beneath them – that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works…”

“Nor is the question before us whether the market is a force for good or ill,” he added. “Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control and that a nation cannot prosper long when it favours only the prosperous.”

Surprisingly, Obama devoted more attention to foreign affairs in a series of implicit rebukes to the unilateralist and militarist tendencies of the Bush administration.

After pledging to uphold the rule of law and human rights while maintaining national security, he pledged to “all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman and child who seeks a future of peace and dignity, and that we are ready to lead once more.”

“Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions,” he went on. “They understood that our power alone cannot protect us, not does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.”

“We are the keepers of this legacy. Guided by these principles once more, we can meet those new threats that demand even greater effort – even greater cooperation and understanding between nations,” he went on, adding, “We will begin to responsibly leave Iraq to its people, and forge a hard-earned peace in Afghanistan.”

“With old friends and former foes, we will tirelessly to lessen the nuclear threat, and roll back the spectre of a warming planet,” he said. At the same time, he added, “We will not apologise for our way of life, nor will we waver in its defence, and for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that our spirit is stronger and cannot be broken; you cannot outlast us, and we will defeat you.”

Obama stressed that the U.S.’s own “patchwork heritage” was a “strength, not a weakness” and that its own long struggle to eliminate slavery and segregation gave it an optimism “that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.”

“To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect,” he declared. Obama’s advisers have said he plans to deliver a major address in the capital of a major Islamic nation within the first 100 days of his term.

“To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds,” he went on. “And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to suffering outside out borders; nor can we consume the world’s resources without regard to effect. For the world has changed, and we must change with it.”

Obama, the nation’s first president of African descent, alluded only once to his own experience – or, more precisely, his Kenyan father’s – when he noted that core U.S. values of “hard work and honesty, courage and fair play, tolerance and curiosity, loyalty and patriotism” explained “why men and women and children of every race and every faith can join celebration across this magnificent mall, and why a man whose father less than sixty years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.”

In the Inaugural’s benediction, civil rights icon Rev. Joseph Lowery also alluded to race when he asked God to “help us work for that day when black will not be asked to get back, when brown can stick around, when yellow will be mellow, when the red man can get ahead, man, and when white will embrace what is right.”

Bush’s Last War Crime?

January 6, 2009

by Robert Dreyfuss | The Nation, January  5, 2009

The Israeli invasion of Gaza, launched Saturday, might very well be George W. Bush’s last and final war crime. For eight years, Bush has coupled unparalled ignorance of the Middle East with supreme arrogance. It is precisely that deadly combination of ignorance and arrogance that is on display now, as a politically motivated Israeli invasion of Gaza unfolds with the full support of the Bush administration.

In his weekly radio address, delivered as Israeli tanks and armor rumbled into the Gaza Strip, Bush declared:

“This recent outburst of violence was instigated by Hamas — a Palestinian terrorist group supported by Iran and Syria that calls for Israel’s destruction. … Another one-way ceasefire that leads to rocket attacks on Israel is not acceptable. And promises from Hamas will not suffice — there must be monitoring mechanisms in place to help ensure that smuggling of weapons to terrorist groups in Gaza comes to an end. I urge all parties to pressure Hamas to turn away from terror.”

A more sweeping endorsement of Israel’s action is hard to imagine. Writing in the Post, columnist Jim Hoagland, a reliable, neoconservative-allied scribbler, describes it this way:

“He did not just give Israel a green light to inflict as much damage as possible on Hamas once that radical movement foolishly renounced a six-month-old truce. Bush knocked down the traffic light post and waved the Israelis through the intersection.”

Personally, I find Hamas despicable. It is a right-wing Islamist group with open terrorist inclinations, motivated by a fanciful notion that it can defeat Israel with its pinprick attacks. I’ve also written extensively, including in my book, Devil’s Game: How the United States Helped Unleash Fundamentalist Islam, how Israel created Hamas systematically and deliberately during the 1970s and 1980s, building up the Muslim Brotherhood and Ahmed Yassin’s proto-Hamas movement as a counterweight to Fatah.

But Israel could easily have absorbed the rockets launched by Hamas, nearly all of which crash harmlessly in remote areas, if it had truly sought to work out an accommodation with the Palestinians. Most important, Israel could have endorsed and supported efforts by Saudi Arabia, Egypt, and others to create a lasting accord between Hamas and Fatah. Instead, Israel did the opposite, meeting each of Hamas’ acts of violence with far greater violence of its own.

As I’ve written in this space earlier, the outcome of Israel’s action is likely to be to strengthen, not weaken, Hamas. It will also have the following collateral effects: it will undermine the moderate wing of the Palestinian movement, perhaps fatally. It will weaken the government of Egypt, boosting the power of the radical-right Muslim Brotherhood there, to the point where Egypt’s regime could collapse, with incalculable consequences. It will boost radicalism across the region, especially its Islamist variant, in Lebanon and Iraq in particular, and help Iran gain traction among otherwise unreceptive Arab populations.

Hamas is unlikely to seek a deal now. Having watched Israel blunder into Lebanon two years ago, in a futile effort to eradicate Hezbollah, only to see that movement emerge victorious and take control of part of Lebanon’s own government, Hamas is not going to sue for peace. In that, they may be wrong, since Gaza is not Lebanon. In Gaza, Hamas has no access to resupply its armaments, and the territory on which it operates is extremely limited. So it is going to suffer severe military losses and vast casualties against the lethal Israeli Defense Forces.

Israel’s objectives aren’t clear. Israeli hawks, including Bibi Netanyahu — appearing Sunday on CNN’s Late Edition — insist that Israel cannot stop its action until Hamas is utterly defeated, whatever that means. In the New York Times, two top Israeli leaders are quoted to the effect that Israel’s objective is regime change and the elimination of Hamas. Foreign Minister Livni put it this way:

“There is no doubt that as long as Hamas controls Gaza, it is a problem for Israel, a problem for the Palestinians and a problem for the entire region.”

And Haim Ramon, the vice premier, said:

“What I think we need to do is to reach a situation in which we do not allow Hamas to govern. That is the most important thing.”

But in trying to eliminate Hamas, Israel will revive Hamas, which has been losing popularity dramatically until the current explosion. With Barack Obama maintaining his sphinx-like silence, it’s the Bush-Cheney-Rice administration that remains in charge. They clearly have no intention of intervening, unless Israel gets into trouble and requests help. The Swampland blog at Time suggests that Obama’s approach might be different from Bush’s:

“No doubt, the Israelis want the operation to be over before the Obama inauguration–it’s not neighborly to present your most important potential ally with a crisis at his moment of ascension. But it is very easy to get to stuck, and hurt, in alley-fighting. I hope that Israel is working as hard behind the scenes to arrange a quick cease fire as it is fighting on the ground. It would be nice if we had a President of the United States with the credibility and ingenuity to make it happen. Perhaps we soon will.”

I’m not convinced. So far, at least, Obama has given no indication that he’d do anything different. I’d like to think he would. Some of his advisers, before the election, told me that they thought Obama would talk to Hamas. Let’s hope so.

Seasonal forgiveness has a limit. Bush and his cronies must face a reckoning

December 26, 2008

Heinous crimes are now synonymous with this US administration. If it isn’t held to account, what does that say about us?

‘Tis the night before Christmas and the season of goodwill. The mood is forgiving. Our faces warm with mulled wine, our tummies full, we’re meant to slump in the armchair, look back on the year just gone and count our blessings – woozily agreeing to put our troubles behind us.

As in families, so in the realm of public and international affairs. And this December that feels especially true. The “war on terror” that dominated much of the decade seems to be heading towards a kind of conclusion. George Bush will leave office in a matter of weeks and British troops will leave Iraq a few months later. The first, defining phase of the conflict that began on 9/11 – the war of Bush, Tony Blair and Osama bin Laden – is about to slip from the present to the past tense. Bush and Blair will be gone, with only Bin Laden still in post. The urge to move on is palpable.

You can sense it in the valedictory interviews Bush and Dick Cheney are conducting on their way out. They’re looking to the verdict of history now, Cheney telling the Washington Times last week: “I myself am personally persuaded that this president and this administration will look very good 20 or 30 years down the road.” The once raging arguments of the current era are about to fade, the lead US protagonists heading off to their respective ranches in the west, the rights and wrongs of their decisions in office to be weighed not in the hot arena of politics, but in the cool seminar rooms of the academy.

Not so fast.

Yes, the new year would get off to a more soothing start if we could all agree to draw a line and move on. But it would be wrong. First, because we cannot hope to avoid repeating the errors of the last eight years unless they are subject to a full accounting. (It is for that reason Britain needs its own full, unconstrained inquiry into the Iraq war.) Second, because a crucial principle, one that goes to the very heart of the American creed, is at stake. And third, because this is not solely about the judgment of history. It may be about the judgment of the courts – specifically those charged with punishing war crimes.

Less than a fortnight ago, in the news graveyard of a Friday afternoon, the armed services committee of the US Senate released a bipartisan report – with none other than John McCain as its co-author – into the American use of torture against those held in the war on terror. It dismissed entirely the notion that the horrors of Abu Ghraib could be put down to “a few bad apples”. Instead it laid bare, in forensic detail, the trail of memos and instructions that led directly to the then defence secretary, Donald Rumsfeld.

The report was the fruit of 18 months of work, involving some 70 interviews. Most of it is classified, but even the 29-page published summary makes horrifying reading. It shows how the most senior figures in the Bush administration discussed, and sought legal fig leaves for, practices that plainly amounted to torture. They were techniques devised in a training programme known as Survival, Evasion, Resistance and Escape or SERE, that aimed to teach elite American soldiers how to endure torture should they fall into the hands of pitiless enemies. The SERE techniques were partly modelled on the brutal methods used by the Chinese against US prisoners during the Korean war. Yet Rumsfeld ruled that these same techniques should be “reverse engineered”, so that Americans would learn not how to endure them – but how to inflict them. Which they then did, at Guantánamo, Abu Ghraib and beyond.

The Senate report cites the memorandums requesting permission to use “stress positions, exploitation of detainee fears (such as fear of dogs), removal of clothing, hooding, deprivation of light and sound, and the so-called wet towel treatment or the waterboard”. We read of Mohamed al Kahtani – against whom all charges were dropped earlier this year – who was “deprived of adequate sleep for weeks on end, stripped naked, subjected to loud music, and made to wear a leash and perform dog tricks”. Approval for this kind of torture, hidden under the euphemism of “enhanced interrogation”, was sought from and granted at the highest level.

And that doesn’t mean Rumsfeld. The report’s first conclusion is that, on “7 February 2002, President George W Bush made a written determination that Common Article 3 of the Geneva conventions, which would have afforded minimum standards for humane treatment, did not apply to al-Qaida or Taliban detainees”. The result, it says, is that Bush “opened the door” to the use of a raft of techniques that the US had once branded barbaric and beyond the realm of human decency.

For this Bush should surely be held to account. And yet there is no sign that he will, and precious little agitation that he should. A still smiling Cheney denies the Bush administration did anything wrong. Note this breathtaking exchange with Fox News at the weekend. He was asked: “If the president during war decides to do something to protect the country, is it legal?” Cheney’s answer: “General proposition, I’d say yes.”

It takes a few seconds for the full horror of that remark to sink in. And then you remember where you last heard something like it. It was the now immortalised interview between David Frost and Richard Nixon. The disgraced ex-president was asked whether there were certain situations where the president can do something illegal, if he deems it in the national interest. Nixon’s reply: “Well, when the president does it, that means that it is not illegal.”

It is no coincidence that Cheney began his career in the Nixon White House. He has the same Nixonian disregard for the US constitution, the same belief that executive power is absolute and unlimited – that those who wield it are above the law, domestic and international. It is the logic of dictatorship.

But Nixon was forced from office, his vision of an unrestrained presidency rejected. If Bush and Cheney are allowed to retire quietly, America will have failed to reassert that bedrock principle of the republic: the rule of law.

This is why there must be a reckoning. Bush will do all he can to avoid it: and it is wholly possible that one of his last acts as president will be to cover himself, his vice-president and all his henchmen with a blanket pardon. Even if that does not happen, Barack Obama is unlikely to want to spend precious capital pursuing his predecessor for war crimes.

But other prosecutors elsewhere in the world should weigh their responsibilities. In the end, it was a lone Spanish magistrate, not a Chilean court, who ensured the arrest of Augusto Pinochet. A pleasing, if uncharitable, thought this Christmas, is that Rumsfeld, Cheney and Bush will hesitate before making plans to travel abroad in 2009. Or indeed at any time – ever again.

freedland@guardian.co.uk

George Bush Shoe-Thrower ‘Too Severely Beaten’ for Court Appearance

December 18, 2008

Iraqi journalist who threw his shoes at US president was not taken to court because it could ‘trigger anger’, alleges brother

by Peter Walker and agencies | Guardian,UK,  Dec 17, 2008

The brother of an Iraqi journalist who hurled his shoes at George Bush claimed today that the television reporter was too badly beaten to appear in court, as the speaker of Iraq’s parliament reportedly announced his resignation over the issue.Dargham al-Zaidi said he was told a judge had been to see his younger brother, Muntazer, at the jail where he has been held since throwing his shoes at the US president during a press conference in Baghdad on Sunday. The television reporter – whose actions have made him a star in the Arab world – called Bush a “dog” and said he was angry at the US occupation of his country.

[Iraqi journalist Muntazer al-Zaidi, who hurled shoes at US President George W. Bush. The journalist who has since become a star in the Arab world appeared before a judge on Wednesday, his brother said. (AFP/File)]Iraqi journalist Muntazer al-Zaidi, who hurled shoes at US President George W. Bush. The journalist who has since become a star in the Arab world appeared before a judge on Wednesday, his brother said. (AFP/File)

The family went to Baghdad’s central criminal court expecting a hearing, Dhargham said, but were told the investigative judge had been to the prison and they should return in eight days. “That means my brother was severely beaten and they fear that his appearance could trigger anger at the court,” he said.Iraqi officials have denied that Muntazar, a 29-year-old reporter for the private Al-Baghdadia TV station, has been injured. Under Iraq’s legal system a judge investigates an allegation before recommending whether to order a trial. Initial hearings are often conducted informally rather than in court.

According to Dargham, his brother suffered a broken arm and ribs, as well as injuries to an eye and a leg after being beaten by security officials, and was treated at the Ibn Sina hospital, in Baghdad’s heavily fortified Green Zone. Dargham said he did not know whether the injuries happened when Muntazer was being overpowered at the press conference or later.

The journalist faces possible trial under a clause in the Iraqi penal code outlawing “aggression against a president”. If convicted, he could be imprisoned for seven to 15 years. Dargham said he was told by the investigating judge that his brother “had co-operated well”, but had no other details.

During a press conference marking Bush’s farewell visit to Iraq as US president, Muntazer jumped up and shouted: “It is the farewell kiss, you dog”. He threw both his shoes at the US leader – a severe insult in the Arab world.

Iraq’s parliament erupted into chaos today as MPs debated Muntazer’s continued detention. An official in the office of the speaker, Mahmoud al-Mashhadani, said he had resigned after the row, although it was not clear why this had happened.

The US state department said yesterday it would condemn “unnecessary force” used against Muntazer, but it did not know whether any had occurred.

Bush’s press secretary, Dana Perino – who was sporting a bruise under her eye after being struck by a microphone stand during the melee – said the president held “no hard feelings” about the incident and accepted it was up to Iraq to decide on any punishment.