US Soldier Captured by Taliban

A US soldier was captured in late June by Taliban forces in Afghanistan and a recent video has surfaced showing the soldier eating and being interviewed by his captors. The video can be seen here. Shortly after the video release, commentators, pundits, and political officials condemned the Taliban for the soldier's treatment and exploitation. While the soldier's capture is lamentable, especially after hearing reports that he may have been drunk when captured, it is hard to take seriously any US official scolding the Taliban for "exploiting" this soldier considering the litany of immoral, brutal, and illegal acts committed by the US in the name of fighting terrorism. We all hope this soldier will be treated humanely and released. But after what our government has done to terror suspects, many of whom have turned out to be innocent, how can we expect the Taliban to do any better?

Healthcare Debate

Wendell Potter, a former public relations specialist with CIGNA, was on Democracy Now! today discussing the healthcare debate taking place in this country. Potter dissects the healthcare industry during the interview, exposing the industry's avarice and concern for profits for shareholders over the well-being of their clients. He also breaks down the industry's public relations campaign to discredit any healthcare reform proposed by anyone other than them. An overarching theme of Potter's characterizations of the healthcare industry is the incredible influence it has on members of Congress, both Republicans and Democrats alike. It is amazing how distorted the debate is over healthcare, with critics demonizing anyone who supports a public plan as a socialist. The recent bank bailout and various forms of corporate welfare, from tax breaks to outright subsidies, are a revealing indication of how our political system works. Healthcare is socialist and would bankrupt the country, but Wall Street and major financial interests are rescued in a heartbeat by the Fed and US Treasury. Private interests essentially took over and looted the American government at the expense of taxpayers in the last few months. But because the healthcare industry is a for-profit industry that has a highly manipulating (and, regrettably, effective) public relations arm and an extraordinary influence over Congress, millions of Americans remain uninsured.

New York Times' "News Analysis" by Scott Shane

Scott Shane, a New York Times national security correspondent, had a revealing "news analysis" in yesterday's edition regarding the Obama administration's possible decision to open an investigation into Bush-era national security policies.  Shane cites four different examples of the Bush administration's national security policies coming under increasing scrutiny from lawmakers and civil liberties groups, including a highly classified counterterrorism policy kept secret (presumably illegally) by former Vice President Cheney, the torture of detainees in US custody, the recent report about the National Security Agency's domestic spying activities and the massacre of Afghan prisoners by Afghan security forces allied with American forces directly after the 9/11 attacks.  Shane characterizes these disturbing revelations as a "distraction from Mr. Obama's domestic priorities."  Here is a brief excerpt from the article:

It is just the kind of distraction from Mr. Obama’s domestic priorities — repairing the economy, revamping the health care system, and addressing the long-term problems of energy and climate — that the White House wanted to avoid.

A series of investigations could exacerbate partisan divisions in Congress, just as the Obama administration is trying to push through the president’s ambitious domestic plans and needs all the support it can muster.

“He wants to dominate the discussion, and he wants the discussion to be about his domestic agenda — health care, energy and education,” said Martha Joynt Kumar, a professor of political science at Towson University who studies the presidency.

The Bush national security controversies “are certainly a diversion from what he wants to do,” Professor Kumar said. “He wants to talk about the present and not the past.”

In the establishment world of our mainstream media outlets and politicians, breaking the law, at least when it is done by the nation's highest political leaders, is acceptable and any investigation into this law-breaking would be a "distraction" to Obama's domestic agenda (as if Republicans would be willing to acquiesce to Obama's "socialist" agenda anyways).  It doesn't matter how much evidence there is for such crimes.  Any investigation, according to the standard establishment argument, would be purely for partisan gain and would ignite a deep divide in Washington (as if Dems and Reps agreed on everything anyways).  In Shane's view, upholding the law is secondary to Obama's domestic agenda.  Why can't anyone seem to understand that this is not a partisan witch-hunt to go after Dick Cheney and Co. but a matter of upholding the rule of law.  After all, we are supposed to be "a nation of laws, not of men."

President Obama, making a speech this morning in Accra, Ghana to the Ghanian Parliament, had this to say:

"No person wants to live in a society where the rule of law gives way to to the rule of brutality and bribery.  That is not democracy, that is tyranny, and now is the time for it to end."

President Obama, like most journalists and establishment politicians, refuses to apply this same logic to the country he actually lives in.  Instead of lecturing Africans on democracy and the rule of law, the President could have included this in his speech:

"Look, upholding the rule of law is the most important thing any democracy can do, especially when the law applies to the most senior government officials.  That is why I am opening an independent investigation into the conduct of the former Bush administration in their prosecution of the War on Terror.  9/11 was a horrific event, no one can deny that.  But the truth of the matter is that 9/11 was a direct response to US foreign policy in the Middle East, specifically the presence of US troops in Saudi Arabia, something Osama bin Laden took particular offense to, considering the two holy cities of Islam, Mecca and Medina, are both located in this country (which also happens to have a large supply of oil).  Under my administration, it will not be the policy of the US government to lecture and criticize other countries for their failures to uphold the rule of law, democracy, and human rights when we have clearly not lived up to those standards, especially since 9/11.  Investigating the previous administration is not a partisan, vindictive attack on Republicans.  It is a matter of upholding the law.  We have clear stipulations, under domestic law and international treaties that we have signed and the US Senate has ratified, that our government does not torture, physically or psychologically.  There have been numerous reports, from the International Red Cross to Congressional investigations, that have highlighted the flawed legal opinions justifying the expansion of executive power and abuses of the law under the auspices of national security.  Under our system of governance, everyone is afforded a fair trail before an impartial judge.  Everyone, even so-called enemy combatants, has access to defense and is assumed innocence until proven guilty.  I am not here today to convict anyone for anything.  What I am saying is that the law applies to everyone in my country, not just ordinary citizens."

Just a thought...

John Yoo and Alberto Gonzales Rewarded for Illegal Behavior

A truly mystifying development has taken place in the past two months.  John Yoo, a former lawyer for the Office of Legal Council during the early years of the Bush administration, has been hired by the Philadelphia Inquirer.  Alberto Gonzales, former Attorney General in the Bush administration, has also been hired by Texas Tech University.  Yoo, as you may recall, was the author of several secret memos, released by the Obama administration, that gave legal cover for torture and other executive branch abuses.  Gonzales was the head counsel for President Bush at the time, and apparently approved the memos that opened up a new chapter in the abuse of executive power.  The fact that these two men, deeply involved in the lawlessness that characterized the Bush administration, have been rewarded for their illegal behavior is astounding.  It is truly amazing that instead of these men facing criminal charges, or at least an investigation, they are promoted.  This development speaks volumes about the state of the justice system in the United States.  

Obama's Embrace of Illegal Bush Era Policies

President Obama's embrace, and even expansion, of the most egregious and lawless aspects of former President Bush's national security policies are a shock to many progressives that put their hope in an Obama administration.  Examples abound, including denial of basic civil liberties for detainees, an expansion of war in Afghanistan, and a refusal to investigate past and current abuses of the law (torture and rendition come to mind, both of which are clear violations of domestic and international law) by our highest political officials.  The most frightening, however, is the Obama administration's embrace of a policy called "preventive detention", in which the executive branch detains individuals, even if found innocent in a court of law (if they are even given a chance in court!), for crimes that they could potentially commit.  Every reasonable person, including ALL Democrats, were vehemently opposed to these policies under former President Bush.  The fact that a Democrat is in office now does not make these policies justifiable and Democrats should be outraged.  For a more comprehensive and detailed analysis of President Obama's embrace of Bush era policies, see this article by Jack Goldsmith, who worked in the Bush Justice Department in the Office of Legal Counsel.  

Roxana Saberi and the Contradictions of American Political Dialogue

Roxana Saberi, the Iranian-American journalist who was briefly detained in Iran earlier this year, harshly criticized the Iranian government for their draconian response to the recently disputed presidential election and the protests that followed.  Speaking of the plight of political prisoners in Iran, Saberi said:

They are detained without due process of law, and the whereabouts of most of them are unknown.  They have little or no contact with the outside world.  They are likely under severe psychological and, in some cases, physical pressures.  Many may be forced to make false confessions, and they have no access to lawyers.  This is very similar to the treatment I received.  

Since the protests began following the disputed presidential election a few weeks ago, political pundits and politicians of all stripes have condemned the Iranian government for their extreme and violent response to protesters, their dismissal of the rule of law, and their censorship of the media.  Many have also criticized President Obama's response to the upheaval in Iran as not going far enough in its' rebuke of the Iranian regime.  The funny thing is, Saberi's quote above could perfectly describe what our government has been doing for years with people we have detained prosecuting the War of Terror.  A list of examples include: the Bush administration ordering the torture of detainees to "get highly valuable information that saves American lives", the refusal to allow detainees access to lawyers and adequate defense, the dismissal of lawsuits brought by plaintiffs seeking justice and compensation for their illegal treatment by the US government on the basis of  the "State Secrets" priviledge, so-called "expert" legal opinions offered by the Office of Legal Counsel that give shield to the executive branch to get away with these abuses.  So, even though we have shredded our Constitution fighting the War on Terror, our elite political and media class cannot bring themselves to critically analyze what our own government has been doing with regard to basic civil liberties, the rule of law, and ensuring due process.  Many media outlets still will not call what took place at Guantanamo, Bagram Air Base and other CIA "black sites" torture, even though the evidence overwhelmingly shows that detainees were brutally tortured, often to the point of death.  Before we even contemplate criticizing other countries for civil rights and human rights abuses, we need to reflect on our own record on these issues.  The hypocrisy coming from the establishment media and Washington is astounding.