FacebookTwitterGoogle+RedditEmail

Bush’s Assaults on Freedom

 

On June 29 the US Supreme Court in a 5-3 decision ruled that President Bush’s effort to railroad tortured Guantanamo Bay detainees in kangaroo courts “violates both US law and the Geneva Conventions.”

Better late than never, but it sure took a long time for the checks and balances to call a halt to the illegal and unconstitutional behavior of the executive.

The Legal Times quotes David Remes, a partner in the law firm of Covington & Burling: “At the broadest level, the Court has rejected the basic legal theory of the Bush administration since 9/11–that the president has the inherent power to do whatever he wants in the name of fighting terrorism without accountability to Congress or the courts.”

Perhaps the Court’s ruling has more far reaching implications. In finding Bush in violation of the Geneva Conventions, the ruling may have created a prima facie case for charges to be filed against Bush as a war criminal.

Many readers have concluded that Bush assumed the war criminal’s mantle when he illegally invaded Iraq under false pretenses. The US itself established the Nuremberg standard that it is a war crime to launch a war of aggression. This was the charge that the chief US prosecutor brought against German leaders at the Nuremberg trials.

The importance of the Supreme Court’s decision, however, is that a legal decision by America’s highest court has ruled Bush to be in violation of the Geneva Conventions.

There are many reasons to impeach Bush. His flagrant disregard for international law, US civil liberties, the separation of powers, public opinion and human rights associate Bush with the worst tyrants of the 20th century. It is true that Bush has not yet been able to subvert all the institutions that constrain his executive power, but he and his band of Federalist Society lawyers have been working around the clock to eliminate the constraints that the US Constitution and international law place on executive power.

Republicans are “outraged” that “liberal judges” have prevented Bush from “protecting us from terrorists.” In the US Senate, Majority Leader Bill Frist said that Republicans will propose legislation to enable Bush to get around the Supreme Court’s decision. Senator Arlen Spector (R, PA) already had a bill ready. What sense does it make to talk about “liberal opposition” when liberal Republicans like Spector are falling all over themselves to kow-tow to Bush.

Americans are going to have to decide which is the greater threat: terrorists or the Republican Party’s determination to shred American civil liberties and the separation of powers in the name of executive power and the “war on terror.”

The rest of the world has already reached a decision. A Harris Poll recently conducted for the Financial Times found that the populations of our European allies–Britain, France, Italy and Spain–view the United States as the greatest threat to global stability.

A Pew Foundation survey released the same week found that 60 percent of the British believe that Bush has made the world less safe and that 79 percent of the Spanish oppose Bush’s war on terror.

Republicans and conservatives equate civil liberties with homosexual marriage, abortion, racial quotas, flag burning, banning of school prayer, and crime resulting from a lax punishment of criminals. This is partly the fault of the ACLU and leftwingers, who go to extremes to make a point. But it is also the fault of conservatives, who believe that their government is incapable of evil deeds.

In their dangerous and ill-founded belief, conservatives are in total opposition to the Founding Fathers, who went to the trouble of writing the Constitution and the Bill of Rights in order to protect us from our government. Most conservatives believe that they do not need constitutional protections, because they “are not doing anything wrong.” Conservatives have come to this absurd conclusion despite the Republicans’ decision to sell out the Bill of Rights for the sake of temporary power.

A number of important books have recently been published that decry America’s decaying virtue. In Lawless World, the distinguished British jurist, Philippe Sands, documents the destruction by George Bush and Tony Blair of the system of international law put in place by Franklin D. Roosevelt and Winston Churchill. In The Peace of Illusions, Christopher Layne documents the American drive for global hegemony that threatens the world with war and destruction. Americans are enjoying a sense of power with little appreciation of where it is leading them.

Congress has collapsed in the face of Bush’s refusal to abide by statutory law and his “signing statements” by which Bush asserts his independence of US law. Bush has done what he can to turn the Supreme Court into a rubber stamp of his unaccountable power by placing John Roberts and Samual Alito on the bench. Though much diminished by these appointments, the Court found the strength to rise up in opposition to Bush’s budding tyranny.

Amazingly, on the very same day in England, where our individual rights originated, the High Court struck down Tony Blair’s “anti-terrorism” laws as illegal breaches of the human rights of suspects. As with the Bush regime, the Blair regime tried to justify its illegality on the grounds of “protecting the public,” but a far larger percentage of the British population than the American understands that the erosion of civil liberty is a greater threat to their safety than terrorists.

Thus, in the two lands most associated with civil liberties, courts have struck down the tyrannical acts of the corrupt executive. Perhaps the fact that courts have reaffirmed the rule of law will give hope and renewed strength to the friends of liberty to withstand the assaults on freedom that are the hallmarks of the Bush and Blair regimes. On the other hand the two tyrants might ignore the courts as they have statutory law.

What’s to stop them?

PAUL CRAIG ROBERTS was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review. He is coauthor of The Tyranny of Good Intentions.He can be reached at: paulcraigroberts@yahoo.com

 

 

More articles by:

Paul Craig Roberts is a former Assistant Secretary of the US Treasury and Associate Editor of the Wall Street Journal. Roberts’ How the Economy Was Lost is now available from CounterPunch in electronic format. His latest book is The Neoconservative Threat to World Order.

September 24, 2018
Jonathan Cook
Hiding in Plain Sight: Why We Cannot See the System Destroying Us
Gary Leupp
All the Good News (Ignored by the Trump-Obsessed Media)
Robert Fisk
I Don’t See How a Palestinian State Can Ever Happen
Barry Brown
Pot as Political Speech
Lara Merling
Puerto Rico’s Colonial Legacy and Its Continuing Economic Troubles
Patrick Cockburn
Iraq’s Prime Ministers Come and Go, But the Stalemate Remains
William Blum
The New Iraq WMD: Russian Interference in US Elections
Julian Vigo
The UK’s Snoopers’ Charter Has Been Dealt a Serious Blow
Joseph Matten
Why Did Global Economic Performance Deteriorate in the 1970s?
Zhivko Illeieff
The Millennial Label: Distinguishing Facts from Fiction
Thomas Hon Wing Polin – Gerry Brown
Xinjiang : The New Great Game
Binoy Kampmark
Casting Kavanaugh: The Trump Supreme Court Drama
Max Wilbert
Blue Angels: the Naked Face of Empire
Weekend Edition
September 21, 2018
Friday - Sunday
Alexandra Isfahani-Hammond
Hurricane Florence and 9.7 Million Pigs
Andrew Levine
Israel’s Anti-Semitism Smear Campaign
Paul Street
Laquan McDonald is Being Tried for His Own Racist Murder
Brad Evans
What Does It Mean to Celebrate International Peace Day?
Nick Pemberton
With or Without Kavanaugh, The United States Is Anti-Choice
Jim Kavanagh
“Taxpayer Money” Threatens Medicare-for-All (And Every Other Social Program)
Jonathan Cook
Palestine: The Testbed for Trump’s Plan to Tear up the Rules-Based International Order
Jeffrey St. Clair
Roaming Charges: the Chickenhawks Have Finally Come Back Home to Roost!
David Rosen
As the Capitalist World Turns: From Empire to Imperialism to Globalization?
Jonah Raskin
Green Capitalism Rears Its Head at Global Climate Action Summit
James Munson
On Climate, the Centrists are the Deplorables
Robert Hunziker
Is Paris 2015 Already Underwater?
Arshad Khan
Will Their Ever be Justice for Rohingya Muslims?
Jill Richardson
Why Women Don’t Report Sexual Assault
Dave Clennon
A Victory for Historical Accuracy and the Peace Movement: Not One Emmy for Ken Burns and “The Vietnam War”
W. T. Whitney
US Harasses Cuba Amid Mysterious Circumstances
Nathan Kalman-Lamb
Things That Make Sports Fans Uncomfortable
George Capaccio
Iran: “Snapping Back” Sanctions and the Threat of War
Kenneth Surin
Brexit is Coming, But Which Will It Be?
Louis Proyect
Moore’s “Fahrenheit 11/9”: Entertaining Film, Crappy Politics
Ramzy Baroud
Why Israel Demolishes: Khan Al-Ahmar as Representation of Greater Genocide
Ben Dangl
The Zapatistas’ Dignified Rage: Revolutionary Theories and Anticapitalist Dreams of Subcommandante Marcos
Ron Jacobs
Faith, Madness, or Death
Bill Glahn
Crime Comes Knocking
Terry Heaton
Pat Robertson’s Hurricane “Miracle”
Dave Lindorff
In Montgomery County PA, It’s Often a Jury of White People
Louis Yako
From Citizens to Customers: the Corporate Customer Service Culture in America 
William Boardman
The Shame of Dianne Feinstein, the Courage of Christine Blasey Ford 
Ernie Niemi
Logging and Climate Change: Oregon is Appalachia and Timber is Our Coal
Jessicah Pierre
Nike Says “Believe in Something,” But Can It Sacrifice Something, Too?
Paul Fitzgerald - Elizabeth Gould
Weaponized Dreams? The Curious Case of Robert Moss
Olivia Alperstein
An Environmental 9/11: the EPA’s Gutting of Methane Regulations
FacebookTwitterGoogle+RedditEmail