by Len Hart, The Existentialist CowboyAn ominous new decision from Federal judge David Trager has said the United States can violate international laws, presumably international conventions to which the U.S. is bound by treaty. The case involves a lawsuit filed by Canadian citizen, Maher Arar. He had been kidnapped by CIA agents during a stopover at Kennedy Airport. In his decision, Federal District Judge David Trager dismissed a lawsuit brought by Arar challenging his arrest, detention, and torture.
According to Nat Hentoff's column, Liberty Beat, Arar was flown to Syria where he was held in solitary confinement and tortured:
The implications of this case are enormous. If Judge Trager's ruling is allowed to stand, American officials will have a "....green light to do to others what they did to Arar." Any crime could then be committed in the name of national security.
Judge Trager's decision is a transparent circular argument, most often found in the decisions of Antonin Scalia. Trager maintains that any other ruling would have the "...the most serious consequences to our foreign relations or national security or both." In other words, Trager has not ruled upon law, but upon expediency. His primary consideration is not what is legal or what is not but rather, what is "convenient" to those agencies otherwise bound to operate within the U.S. Constitution. He has said, in effect, that even a judge must acquiesce in the commission of state crimes —for convenience! They must acquiesce not by or for law —but for convenience!
The concept of "Separation of Powers" is given a NeoCon treatment by an activist conservative judge:
Original 'Toon by Dante Lee. Use with permission only
According to Nat Hentoff's column, Liberty Beat, Arar was flown to Syria where he was held in solitary confinement and tortured:
... in a three-by-six-foot cell ("like a grave," he said). He became, internationally, one of the best-known victims of the CIA's extraordinary renditions—the sending of suspected terrorists to countries known for torturing their prisoners.Arar, subsequently released, has not been charged with a crime —by Syria or the United States, which refuses to cooperate with any investigation. The Canadian Parliament, however, has begun an investigation to include a public inquiry.
The implications of this case are enormous. If Judge Trager's ruling is allowed to stand, American officials will have a "....green light to do to others what they did to Arar." Any crime could then be committed in the name of national security.
Judge Trager's decision is a transparent circular argument, most often found in the decisions of Antonin Scalia. Trager maintains that any other ruling would have the "...the most serious consequences to our foreign relations or national security or both." In other words, Trager has not ruled upon law, but upon expediency. His primary consideration is not what is legal or what is not but rather, what is "convenient" to those agencies otherwise bound to operate within the U.S. Constitution. He has said, in effect, that even a judge must acquiesce in the commission of state crimes —for convenience! They must acquiesce not by or for law —but for convenience!
The concept of "Separation of Powers" is given a NeoCon treatment by an activist conservative judge:
...the coordinate branches of our government [executive and legislative] are those in whom the Constitution imposes responsibility for our foreign affairs and national security. Those branches have the responsibility to determine whether judicial oversight is appropriate.Hentoff appropriately asks whether or not it is the duty of the judiciary itself to determine whether judicial oversight is or is not appropriate. Here's my opinion for what it's worth: the Federal Judiciary since Marbury v Madison has always determined when judicial oversight is appropriate.
5 comments:
Len, further to our previous discussion with rurikid about 911 participants there has been a development. Pakistan and Indian press are reporting that the Pakistan Public Accounts Committee has received evidence that bribes were paid to US 911 Commission members to exclude references to Pakistan in the final report and to play down the role of Pakistan. (link)
Awesome cartoon, dante lee!
That is an incredible story, I believe Amy Goodman had Maher Arar on her show live via telephone last week. It is hard to believe this judge could hand down his decision and have any respect left for his position or our Constitution. Also I guess we were “buddies” with Syria that month…what a load of crap, some things never change. I would hope Canada would at least protest this action by the U.S. courts and Justice system, but I have a feeling even they will fall short as Arar is not really one of “them”.
That is an excellent cartoon…says it all, they always seem to be on the mark.
damien, it's been crazy and I have yet to fully explore the dialogue between you and rurikid. I want to bookmark all those links and follow the trail. Thanks for the links.
Indeed, benmarc, all makes sense when one reads the characteristics of the NeoCon cabal in John Dean's "Worse Than Watergate". These guys don't believe in the Constitution. That's why Doug Thompson's quote of Bush is entirely credible and why I believe it.
And you are both right about Dante's 'toon. Right on the target. I'm honored to have it on the 'Cowboy'. I would like to find a syndicator for Dante's toons. I think they are edgy.
damien, great links and, again, thanks. It confirms much of what John Dean had written in "Worse Than Watergate". I hope to absorb more of the info posted by you and rurikid, reconcile it with Dean's work and put together a broad perspective on this issue.
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