September 30, 2011 was the day America was assassinated.
Some of us have watched this day approach and have warned of its
coming, only to be greeted with boos and hisses from “patriots” who have
come to regard the US Constitution as a device that coddles criminals
and terrorists and gets in the way of the President who needs to act to
keep us safe.
In our book,
The Tyranny of Good Intentions,
Lawrence Stratton and I showed that long before 9/11 US law had ceased
to be a shield of the people and had been turned into a weapon in the
hands of the government. The event known as 9/11 was used to raise the
executive branch above the law. As long as the President sanctions an
illegal act, executive branch employees are no longer accountable to the
law that prohibits the illegal act. On the president’s authority, the
executive branch can violate US laws against spying on Americans without
warrants, indefinite detention, and torture and suffer no consequences.
Many expected President Obama to re-establish the accountability of
government to law. Instead, he went further than Bush/Cheney and
asserted the unconstitutional power not only to hold American citizens
indefinitely in prison without bringing charges, but also to take their
lives without convicting them in a court of law. Obama asserts that the
US Constitution notwithstanding, he has the authority to assassinate US
citizens, who he deems to be a “threat,” without due process of law.
In other words, any American citizen who is moved into the threat
category has no rights and can be executed without trial or evidence.
On September 30 Obama used this asserted new power of the president
and had two American citizens, Anwar Awlaki and Samir Khan murdered.
Khan was a wacky character associated with
Inspire Magazine and does not readily come to mind as a serious threat.
Awlaki was a moderate American Muslim cleric who served as an advisor
to the US government after 9/11 on ways to counter Muslim extremism.
Awlaki was gradually radicalized by Washington’s use of lies to justify
military attacks on Muslim countries. He became a critic of the US
government and told Muslims that they did not have to passively accept
American aggression and had the right to resist and to fight back. As a
result Awlaki was demonized and became a threat.
All we know that Awlaki did was to give sermons critical of
Washington’s indiscriminate assaults on Muslim peoples. Washington’s
argument is that his sermons might have had an influence on some who are
accused of attempting terrorist acts, thus making Awlaki responsible
for the attempts.
Obama’s assertion that Awlaki was some kind of high-level Al Qaeda
operative is merely an assertion. Jason Ditz on antiwar.com concluded
that the reason Awlaki was murdered rather than brought to trial is that
the US government had no real evidence that Awlaki was an Al Qaeda
operative.
Having murdered its critic, the Obama Regime is working hard to
posthumously promote Awlaki to a leadership position in Al Qaeda. The
presstitutes and the worshippers of America’s First Black President
have fallen in line and regurgitated the assertions that Awlaki was a
high-level dangerous Al Qaeda terrorist. If Al Qaeda sees value in
Awlaki as a martyr, the organization will give credence to these claims.
However, so far no one has provided any evidence. Keep in mind that all
we know about Awlaki is what Washington claims and that the US has been
at war for a decade based on false claims.
But what Awlaki did or might have done is beside the point. The US
Constitution requires that even the worst murderer cannot be punished
until he is convicted in a court of law. When the American Civil
Liberties Union challenged in federal court Obama’s assertion that he
had the power to order assassinations of American citizens, the Obama
Justice (sic) Department argued that Obama’s decision to have Americans
murdered was an executive power beyond the reach of the judiciary.
In a decision that sealed America’s fate, federal district court
judge John Bates ignored the Constitution’s requirement that no person
shall be deprived of life without due process of law and dismissed the
case, saying that it was up to Congress to decide. Obama acted before an
appeal could be heard, thus using Judge Bates’ acquiescence to
establish the power and advance the transformation of the president into
a Caesar that began under George W. Bush.
Attorneys Glenn Greenwald and Jonathan Turley point out that
Awlaki’s assassination terminated the Constitution’s restraint on the
power of government. Now the US government not only can seize a US
citizen and confine him in prison for the rest of his life without ever
presenting evidence and obtaining a conviction, but also can have him
shot down in the street or blown up by a drone.
Before some readers write to declare that Awlaki’s murder is no big
deal because the US government has always had people murdered, keep in
mind that CIA assassinations were of foreign opponents and were not
publicly proclaimed events, much less a claim by the president to be
above the law. Indeed, such assassinations were denied, not claimed as
legitimate actions of the President of the United States.
The Ohio National Guardsmen who shot Kent State students as they
protested the US invasion of Cambodia in 1970 made no claim to be
carrying out an executive branch decision. Eight of the guardsmen were
indicted by a grand jury. The guardsmen entered a self-defense plea.
Most Americans were angry at war protestors and blamed the students. The
judiciary got the message, and the criminal case was eventually
dismissed. The civil case (wrongful death and injury) was settled for
$675,000 and a statement of regret by the defendants.
The point isn’t that the government killed people. The point is that
never prior to President Obama has a President asserted the power to
murder citizens.
Over the last 20 years, the United States has had its own
Mein Kampf transformation. Terry Eastland’s book,
Energy in the Executive: The Case for the Strong Presidency,
presented ideas associated with the Federalist Society, an organization
of Republican lawyers that works to reduce legislative and judicial
restraints on executive power. Under the cover of wartime emergencies
(the war on terror), the Bush/Cheney regime employed these arguments to
free the president from accountability to law and to liberate Americans
from their civil liberties. War and national security provided the
opening for the asserted new powers, and a mixture of fear and desire
for revenge for 9/11 led Congress, the judiciary, and the people to go
along with the dangerous precedents.
As civilian and military leaders have been telling us for years, the
war on terror is a 30-year project. After such time has passed, the
presidency will have completed its transformation into Caesarism, and
there will be no going back.
Indeed, as the neoconservative “Project For A New American Century”
makes clear, the war on terror is only an opening for the
neoconservative imperial ambition to establish US hegemony over the
world.
As wars of aggression or imperial ambition are war crimes under
international law, such wars require doctrines that elevate the leader
above the law and the Geneva Conventions, as Bush was elevated by his
Justice (sic) Department with minimal judicial and legislative
interference.
Illegal and unconstitutional actions also require a silencing of
critics and punishment of those who reveal government crimes. Thus
Bradley Manning has been held for a year, mainly in solitary confinement
under abusive conditions, without any charges being presented against
him. A federal grand jury is at work concocting spy charges against
Wikileaks’ founder Julian Assange. Another federal grand jury is at
work concocting terrorists charges against antiwar activists.
“Terrorist” and “giving aid to terrorists” are increasingly elastic
concepts. Homeland Security has declared that the vast federal police
bureaucracy has shifted its focus from terrorists to “domestic
extremists.”
It is possible that Awlaki was assassinated because he was an
effective critic of the US government. Police states do not originate
fully fledged. Initially, they justify their illegal acts by demonizing
their targets and in this way create the precedents for unaccountable
power. Once the government equates critics with giving “aid and comfort”
to terrorists, as they are doing with antiwar activists and Assange, or
with terrorism itself, as Obama did with Awlaki, it will only be a
short step to bringing accusations against Glenn Greenwald and the ACLU.
The Obama Regime, like the Bush/Cheney Regime, is a regime that does
not want to be constrained by law. And neither will its successor.
Those fighting to uphold the rule of law, humanity’s greatest
achievement, will find themselves lumped together with the regime’s
opponents and be treated as such.
This great danger that hovers over America is unrecognized by the
majority of the people. When Obama announced before a military gathering
his success in assassinating an American citizen, cheers erupted. The
Obama regime and the media played the event as a repeat of the (claimed)
killing of Osama bin Laden. Two “enemies of the people” have been
triumphantly dispatched. That the President of the United States was
proudly proclaiming to a cheering audience sworn to defend the
Constitution that he was a murderer and that he had also assassinated
the US Constitution is extraordinary evidence that Americans are
incapable of recognizing the threat to their liberty.
Emotionally, the people have accepted the new powers of the
president. If the president can have American citizens assassinated,
there is no big deal about torturing them. Amnesty International has
sent out an alert that the US Senate is poised to pass legislation that
would keep Guantanamo Prison open indefinitely and that Senator Kelly
Ayotte (R-NH) might introduce a provision that would legalize “enhanced
interrogation techniques,” an euphemism for torture.
Instead of seeing the danger, most Americans will merely conclude
that the government is getting tough on terrorists, and it will meet
with their approval. Smiling with satisfaction over the demise of their
enemies, Americans are being led down the garden path to rule by
government unrestrained by law and armed with the weapons of the
medieval dungeon.
Americans have overwhelming evidence from news reports and YouTube
videos of US police brutally abusing women, children, and the elderly,
of brutal treatment and murder of prisoners not only in Abu Ghraib,
Guantanamo, and secret CIA prisons abroad, but also in state and federal
prisons in the US. Power over the defenseless attracts people of a
brutal and evil disposition.
A brutal disposition now infects the US military. The leaked video of
US soldiers delighting, as their words and actions reveal, in their
murder from the air of civilians and news service camera men walking
innocently along a city street shows soldiers and officers devoid of
humanity and military discipline. Excited by the thrill of murder, our
troops repeated their crime when a father with two small children
stopped to give aid to the wounded and were machine-gunned.
So many instances: the rape of a young girl and murder of her entire
family; innocent civilians murdered and AK-47s placed by their side as
“evidence” of insurgency; the enjoyment experienced not only by high
school dropouts from torturing they-knew-not- who in Abu Ghraib and
Guantanamo, but also by educated CIA operatives and Ph.D.
psychologists. And no one held accountable for these crimes except two
lowly soldiers prominently featured in some of the torture photographs.
What do Americans think will be their fate now that the “war on
terror” has destroyed the protection once afforded them by the US
Constitution? If Awlaki really needed to be assassinated, why did not
President Obama protect American citizens from the precedent that their
deaths can be ordered without due process of law by first stripping
Awlaki of his US citizenship? If the government can strip Awlaki of his
life, it certainly can strip him of citizenship. The implication is
hard to avoid that the executive branch desires the power to terminate
citizens without due process of law.
Governments escape the accountability of law in stages. Washington
understands that its justifications for its wars are contrived and
indefensible. President Obama even went so far as to declare that the
military assault that he authorized on Libya without consulting Congress
was not a war, and, therefore, he could ignore the War Powers
Resolution of 1973, a federal law intended to check the power of the
President to commit the US to an armed conflict without the consent of
Congress.
Americans are beginning to unwrap themselves from the flag. Some are
beginning to grasp that initially they were led into Afghanistan for
revenge for 9/11. From there they were led into Iraq for reasons that
turned out to be false. They see more and more US military
interventions: Libya, Yemen, Somalia, Pakistan and now calls for
invasion of Pakistan and continued saber rattling for attacks on Syria,
Lebanon, and Iran. The financial cost of a decade of the “war against
terror” is starting to come home. Exploding annual federal budget
deficits and national debt threaten Medicare and Social Security. Debt
ceiling limits threaten government shut-downs.
War critics are beginning to have an audience. The government cannot
begin its silencing of critics by bringing charges against US
Representatives Ron Paul and Dennis Kucinich. It begins with antiwar
protestors, who are elevated into “antiwar activists,” perhaps a step
below “domestic extremists.” Washington begins with citizens who are
demonized Muslim clerics radicalized by Washington’s wars on Muslims. In
this way, Washington establishes the precedent that war protestors give
encouragement and, thus, aid, to terrorists. It establishes the
precedent that those Americans deemed a threat are not protected by law.
This is the slippery slope on which we now find ourselves.
Last year the Obama Regime tested the prospects of its strategy when
Dennis Blair, Director of National Intelligence, announced that the
government had a list of American citizens that it was going to
assassinate abroad. This announcement, had it been made in earlier
times by, for example, Richard Nixon or Ronald Reagan, would have
produced a national uproar and calls for impeachment. However, Blair’s
announcement caused hardly a ripple. All that remained for the regime
to do was to establish the policy by exercising it.
Readers ask me what they can do. Americans not only feel powerless,
they are powerless. They cannot do anything. The highly concentrated,
corporate-owned, government-subservient print and TV media are useless
and no longer capable of performing the historic role of protecting our
rights and holding government accountable. Even many antiwar Internet
sites shield the government from 9/11 skepticism, and most defend the
government’s “righteous intent” in its war on terror. Acceptable
criticism has to be couched in words such as “it doesn’t serve our
interests.”
Voting has no effect. President “Change” is worse than Bush/Cheney.
As Jonathan Turley suggests, Obama is “the most disastrous president in
our history.” Ron Paul is the only presidential candidate who stands up
for the Constitution, but the majority of Americans are too unconcerned
with the Constitution to appreciate him.
To expect salvation from an election is delusional. All you can do,
if you are young enough, is to leave the country. The only future for
Americans is a nightmare.