According to a planning document obtained by the ACLU, the Republican National Convention had planned to violate federal law by using federal troops to suppress and/or infringe the rights of free speech and assembly during the recent Republican national convention. According to the ACLU, several named agencies are military based, a violation of federal laws prohibiting the use of the military in domestic intelligence gathering activities. It is also a violation of the First Amendment to the US Constitution. [ACLU]The National Geospatial-Intelligence Agency (NGA), which provides mapping tools and imagery intelligence that are obtained from the United State's military spy satellites, is named specifically in the report. The document obtained by ACLU supports the charge that the RNC had planned to exploit the capabilities of what is called "these top spying tools" to gather intelligence, spy on activists, media, demonstrators. It is feared that the GOP (the RNC) would have relayed this illegally obtained information to local officials or agencies in the federal government.The GOP had planned to involve NORTHCOM, the Pentagon's Northern Command. Northcom would have assisted in planning crowd control strategies, dealing with potential civil unrest, clearly a violation of Federal Law.
November 25, 2008, NORFOLK (NNS) -- U.S. Fleet Forces Command's (USFF) staff enhanced its capabilities to support global regional combatant commanders while simultaneously supporting U.S. federal disaster response efforts as it wrapped up its participation in Vigilant Shield 2009 (VS09) Nov. 12-18.--U.S. Fleet Forces Command Tailors Operational Support for Vigilant Shield 09
The Army Times, meanwhile, had reported that NORTHCOM had, in fact, deployed an active military unit inside the United States, the first time an active unit has been given a dedicated assignment within U.S. Borders. Nevermind that it is a clear violation of the law. But, when the government itself is illegitimate, the 'rule of law' means nothing; the Constitution itself is just a 'goddamned piece of paper'.
In a barely noticed development, a US Army unit is now training for domestic operations under the control of US Army North, the Army service component of Northern Command. An initial news report in the Army Times newspaper last month noted that in addition to emergency response the force “may be called upon to help with civil unrest and crowd control.” The military has since claimed the force will not be used for civil unrest, but questions remain. We speak to Army Col. Michael Boatner, future operations division chief of USNORTHCOM, and Matthew Rothschild, editor of The Progressive magazine.In a barely noticed development last week, the Army stationed an active unit inside the United States. The Infantry Division’s 1st Brigade Team is back from Iraq, now training for domestic operations under the control of US Army North, the Army service component of Northern Command. The unit will serve as an on-call federal response for large-scale emergencies and disasters. It’s being called the Consequence Management Response Force, CCMRF, or “sea-smurf” for short.--Democracy Now, Is Posse Comitatus Dead? US Troops on US Streets
Furthermore it appears that the FBI may have been using a station faking technology that would allow them to locate an individual through their cell phone. The ACLU is concerned with how this technology is used and if there was proper judicial oversight. In the USA Patriot ACT, this process for obtaining a track was made easier, and could allow for little to no judicial oversight. This tracking via cell phones could have been used during the RNC without the knowledge of even the phone companies."These behaviors are a radical departure from separation of civilian law enforcement and military authority, and could, quite possibly, represent a violation of law," said Teresa Nelson, ACLU of Minnesota. The ACLU-MN will continue to investigate and will use their findings in future lawsuits against law enforcement officials.--Revealing RNC document leaked
A final observation: this will only get worse until the current government is crushed and brought to book. Frankly, I don't see that happening. The US, it's 'goverment' in particular, is broken, perhaps irreparably. The regime of George W. Bush was illegitimate from the outset. Restoring legitimacy to a government which is, in fact, controlled by the MIC and the numerous lobbies that are dependent upon it is probably beyond the ability of a new administration to repair.
These are the symptoms of the end of empire. The US couldn't even do that right. Some have estimated that the Roman empire lasted almost 400 years. The US is not even in the ball park. How ludicrous that Bush fancied himself a dictator, a new Caesar. The 'new Caesar' will be remembered as the effeminate dipshit who pranced around the deck of an aircraft carrier in a too tight flight suit, an escapee from the Village People. My personal message to George Bush: fuck you, you megalomaniacal idiot!
A new book, Against the State by philosopher Crispin Sartwell, rejects with impeccable logic the traditional arguments in support of state legitimacy and power. Sartwell finds lacking all of the classics of Western political philosophy --Hobbes, Locke, Rousseau, Hegel, Hume, Bentham, Rawls, Habermas and others. They were not only wrong, he says, but indefensible.
He lists three traditional arguments in support of state power:
social contract theories,
utilitarianism
justicial views
In the end, Sartwell argues, state power does not reside within the consent given it by the people but, rather, on coercion, primarily, the threat and use of deadly force. Sartwell argues that the state use of coercion does not follow from legitimacy. Rather, state use of coercion is without legitimacy and demonstrates the illegitimacy of the state. It is on this point, specifically, that I fully concur. I believe that only human beings have rights. States, like corporations, are mere legal abstractions. What right has a legal abstraction to require of any one of us anything whatsoever? What if 200 million people told the state to fuck off?
I might have welcomed a strong, centralized state had I been certain that it would exercise its awesome power only against those would subvert the liberties of individuals or rob them of the fruits of their labor, necessities, homes, families, educations, careers. Certainly, George W. Bush has proven as no other President in our nation's history has or could have done that there is, indeed, no state of any form that can be entrusted with the care of our rights or welfare. Americans have erred twice. We believed in the legitimacy of state power. We trusted the state.
Anarchist Philosophy
Sartwell Interview
Sartwell's critique of all forms of 'state' power are correct as far as they go. Until recently, it was easy enough to justify 'state power' generally as simply the best choice among few --none of which were good. Surely decision theory must have something to say about the nature of this no win proposition.
The rise to power of George W. Bush in a nation that likes to think of itself as 'Democratic' is cause enough to re-examine the legitimacy of every means by which state power is exerted, indeed the concept of 'state power' itself. Sartwell's skepticism is timely and well placed.
The very existence of someone like Bush is evidence if not proof that Democracies are as inclined as totalitarian states to war crimes, abrogations of 'civil liberties', subversion of the 'separation of powers' thought to be the institutional check against absolute power. The strongest case for Democracy has been compromised, perhaps shattered forever. As I have often put it: if my rights as a human being are violated what difference does it make to me whether those rights are violated by Adolph Hitler or George W. Bush? If wars of aggression, in violation of numerous international prohibitions and conventions, are perpetrated, what difference does it make whether the offending nation is a communist state or a beacon of free market capitalism and Democracy? If human beings are tortured, their persons violated, their lives taken upon callous orders by higher ups, what difference does it make to the victim whether the order should issue from Adolph Hitler or George W. Bush?
I might have welcomed a strong, centralized state if I were certain that it would exercise its awesome power only against those would subvert the liberties of individuals or rob them of the fruits of their labor, necessities, a home, a family, an education, a meaningful career. Certainly, George W. Bush has proven as no other President in our nation's history has or could have done that there is, indeed, no state of any form that can be entrusted with the care of our rights or welfare. As the guarantor of social justice, the Bush administration has failed miserably if not deliberately. It is for this reason that Sartwell's argument that Social contract models (Hobbes & Locke, primarily) rest upon 'submission rather than consent' is most powerful and especially well-timed. The very existence of a 'George Bush' supports Sartwell.
However attractive, it is hard to imagine anarchy as the solution. By definition, anarchy is no check against the rise of a repressive state which is sure to rise up in reaction. To create an institutional check is to end --by definition --the anarchy. A dialectic of that form tends to confirm Hegel and Marx.
Perhaps what Sartwell is really telling us is that we have at last arrived at that point in human evolution in which our species will fall victim to the 'states' of our own creation! Like the parasite which kills its host, states enabled the survival of our kind when other forces in the natural environment posed the greater threat. We found safety in numbers and for our survival made peace of sorts with tyrants. Is Sartwell telling us that all systems, pressed to their logical conclusions, fail?
Don't expect me to or even ask me to tell you why you should sign the petition.
You already know why you should sign the petition. You don't need me or anyone else to tell you why you should sign the petition.
Click the Badge to read and sign the Formal Petition to Attorney General-Designate Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
Click "Get Badge" to get the html code and post the badge on your blog or website so other people can find and sign the petition too.
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
Signing the petition drafted by budhydharma and Docudharma is not in defiance of our President-Elect Obama, but rather a sign of support for the difficult times that he and Holder will face when performing their clear constitutional duties.
As President, Obama will have the constitutional duty to faithfully execute our laws.
The constitutional oath of office will require President Obama to faithfully execute the office of President and preserve, protect and defend our Constitution. Our constitution also requires that our presidents "shall take care that the laws be faithfully executed." The principle of the rule of law is partially based on this Faithfully Execute clause which requires our President to comply with laws, our Constitution and treaties because our Constitution established a government of laws, not of men and women.
The Geneva Convention is one of the laws which must be faithfully executed.
Our constitution mandates that treaties are one of the laws that the President must faithfully execute. Moreover, treaties are recognized as one of our supreme laws of the land alongside our Constitution and federal laws. For over 200 years, the federal courts have reaffirmed that our President is bound by the laws of war, which include conventions. In fact, both Hamdi v. Rumsfeld (2004) and Hamdan v. Rumsfeld (2006)addressed issues of whether the US government was violating the terms of the 1949 Geneva Convention. Yet, some will whine that it is partisan to not exempt Bush from 200 years of precedent that governed presidents from both parties.
The Geneva Convention imposes a duty to prosecute former presidents who committed war crimes.
You already have your own reasons why you should sign the petition.
All the reasons that built up, piled one on top of the other for that past eight years as these criminals hijacked the country, dismantled the constitution and the rule of law, made their criminal friends fabulously wealthy, were directly responsible for the deaths of more than a million Iraqis in an illegal and immoral invasion and occupation, destroyed the global economy, wrecked America's reputation around the world, and called you a traitor when you cried foul and set up schemes to spy on you and intimidate you into silence.
And tortured people in your name. Tortured people. In your name. Tortured people with the blackest, most heinous and most evil torture methods known to humanity. Tortured people with methods that America has pressed war criminal charges against other countries citizens for using. Tortured people with the most sadistic and evil methods the Spanish Inquisition and more recently the Khmer Rouge made a regular habit of using as an oppression tool. Tortured people with methods that have been universally condemned and outlawed by virtually every country and society on earth.
You already know. You already know all of your own reasons why you should sign the petition.
I am sick to death of all the pussyfooting around the subject that has occupied the media for the duration of this premeditated, illegal war of terror that we the people of the United States have allowed to be waged against the people of Iraq, in our name, for the last several years.
No matter how much lipstick and rouge we smear on the face of this war no matter how we attempt to dress up the evil and bestial acts that have been performed in its unholy name, it still has the hideous countenance of an evil swine from hell.
It is an illegal war, begun and conducted under false pretenses, by a group of criminal liars and thieves in the United States Government, abetted by a cowardly congress who abrogated their constitutional duties in exchange for hundreds of millions of dollars in campaign funds and furthered by a complaisant press that ignored their obligation to remain independent from government, from their sponsors and report the facts.
The members of the completely rogue executive department acted in their own self interest in a quest for personal power and wealth, in concert with the usual domestic and international corporate pirates who, in the depths of their insatiable greed, continually amplify human conflict to their own ends and bring poverty, war, suffering and death down upon the world.
There is no such animal as extraordinary rendition, nor do I know of the existence of any beasts called enhanced interrogation methods.
The first is kidnapping, it is illegal, a felony and the second word is torture, its meaning is clear:
NOUN: 1. Infliction of severe physical pain as a means of punishment or coercion. 2. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony: the torture of waiting in suspense. 3. Something causing severe pain or anguish.
Torture is illegal in this country, a felonious act, it is illegal in the world at large, according to several conventions that we are legally bound by. Anyone committing torture, causing it to be committed, directing its commission, or training others in its techniques is guilty, guilty of war crimes, of crimes against humanity and crimes against "Nature's God.
Tens of thousands of people have signed the Petition for a Special Prosecutor for Bush War Crimes so far since we launched it on December 18, 2008, and Bob Fertiks "question" to Obama and the transition team at change.govunder "Additional Issues" is now is the lead question it its category.
"Will you appoint a Special Prosecutor [...] to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?"
Why aren't there 13 million signatures on the petition instead of just 13 thousand? Mainstream media is avoiding this issue like it's leprosy. I would hope left blogs wouldn't.
We need to force this issue into the media. We need to beat this issue into the heads of leaders, both current and incoming, in Washington.
International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. The prohibition applies to the United States during times of peace, armed conflict, or a state of emergency. Any person, whether a U.S. national or a non-citizen, is protected. It is irrelevant whether the detainee is determined to be a prisoner-of-war, a protected person, or a so-called "security detainee" or "unlawful combatant." And the prohibition is in effect within the territory of the United States or any place anywhere U.S. authorities have control over a person. In short, the prohibition against torture and ill-treatment is absolute. ... A federal anti-torture statute (18 U.S.C. § 2340A), enacted in 1994, provides for the prosecution of a U.S. national or anyone present in the United States who, while outside the U.S., commits or attempts to commit torture.
Torture is defined as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." A person found guilty under the act can be incarcerated for up to 20 years or receive the death penalty if the torture results in the victim's death.
After January 20, 2009 there will be a new Attorney General of the United States, and Eric Holder Jr. will most likely be confirmed as that new Attorney general.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
If Mr. Holder, when he becomes Attorney General, is to live up to his own statements and retain the personal and professional integrity he has displayed in his law career thus far, and not by acts of omission become an accessory along with Mr. Mukasey and Ms. Pelosi to the crimes of Bush, Cheney and others in the Bush administration, he will have no choice but to accept the demands of the thousands of US citizens who have signed the Docudharma/Democrats.com Citizens Petition for a Special Prosecutor to investigate and prosecute Bush administration war crimes.
If he will not, Mr. Holder runs the risk of throwing away a lifetime of work in a so far illustrious career and all of his personal and professional integrity and becoming a fugitive with Mr. Mukasey and an accessory to these crimes along with and no better than the perpetrators and other conspirators.
Given his professional record, I have every confidence that Mr. Holder, as soon to be Attorney General of the United States, realizes that he can make no other choice than to do the right thing.
Mr. Holder knows. As Attorney General he will wear the badge as the highest ranking officer of justice in the United States.
He will have his own integrity on the line.
Mr. Holder knows that like any other accused criminals, Bush and Cheney deserve fair trials.
And Mr. Holder knows that failing to give them those fair trials would be convicting himself.
There must be war crimes investigations, prosecutions and trials. And sentencing.
There was a fever over the land, a fever of disgrace, of indignity, of hunger. We had a democracy, yes, but it was torn by elements within. Above all there was fear, fear of today, fear of tomorrow, fear of our neighbors, and fear of ourselves. Only when you understand that can you understand what Hitler meant to us, because he said to us:
"Lift your heads. Be proud to be German. There are devils among us, communists, liberals, Jews, gypsies. Once these devils will be destroyed your misery will be destroyed."
It was the old, old story of the sacrificial lamb.
What about those of us who knew better, we who knew the words were lies and worse than lies? Why did we sit silent? Why did we take part? Because we loved our country. What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later. Hitler himself will be discarded -- sooner or later. The country is in danger. We will march out of the shadows! We will go forward. FORWARD is the great password.
And history tells how well we succeeded, Your Honor. We succeeded beyond out wildest dreams. The very elements of hate and power about Hitler that mesmerized Germany, mesmerized the world. We found ourselves with sudden powerful allies. Things that had been denied to us as a democracy were open to us now. The world said, "Go ahead. Take it. Take it! Take Sudetenland! Take the Rhineland! Re-militarize it! Take all of Austria! Take it!"
And then, one day we looked around and found that we were in an even more terrible danger. The ritual begun in this courtroom swept over the land like a raging, roaring disease. What was going to be a "passing phase" had become the way of life.
The trial conducted before this Tribunal began over eight months ago. The record of evidence is more than ten thousand pages long, and final arguments of counsel have been concluded.
Simple murders and atrocities do not constitute the gravamen of the charges in this indictment. Rather, the charge is that of conscious participation in a nationwide, government organized system of cruelty and injustice in violation of every moral and legal principle known to all civilized nations. The Tribunal has carefully studied the record and found therein abundant evidence to support beyond a reasonable doubt the charges against these defendants.
Give Bush and Cheney a fair trial -- something they have not bothered with since they stole office.
It's funny how the powers that be in the media and government are running around with their big fat excuses as to why we can't hold these criminals accountable for their crimes. It all boils down to "It's too hard!!!"
It's too hard. It would affect too many people. It would interfere with the crucial work of restoring our economy. Blah blah blah. Not one of these folks say, however, that no crime has been committed, no law has been broken. No one says that.
I find that stunning. We all know, at least those of us who have been paying attention, that Bush and his crew of crooks have broken the law over and over again.
And Cheney says "What you gonna do about it?" And Cheney says "oh, the Dems knew about this and approved it, hell they wanted us to be even tougher than we were!"
And we should believe Cheney ... why?
I don't want speculation any more. I want the truth, the facts, what really happened. Only a special prosecutor can get that information, someone who is inured to the politics of Washington D.C. by being given the independent power to investigate.
What I like about this petition is that it shows the power of the individual citizen. This is not a grassroots effort decided by committee. A couple of folks got together and came up with the text and others jumped in to work further on it and spread it around.
The power of the individual citizen.
I am extremely annoyed at the argument that we citizens are somehow childlike creatures who don't know all the real problems of our country and so we shouldn't cry and whine about our "pet issues" when the government knows so much more about what is important and should be made a priority.
Bleh.
We ARE the government. The only people who will take back power as citizens, are citizens! That's us.
To me, Obama's election is a signal that we can now start taking back that individual power, our individual rights. It's not for Obama or any elected representative to tell me what I should make a priority. I get to decide that for myself. They'll do their jobs, and I'll do mine.
The measure of our success with this petititon will be the resistance from the powers that be, the Dems, the Repubs, Obama, the media. The more we read about how this is not a good idea, getting a special prosecutor, the more we'll know we have them on the run.
Many of us have sent this petition to friends and family, whether they be politically agreeable to us or not. One by one people will sign. This isn't "organized" grassroots and it's netroots only insofar as the structure.
To me, this is about the power of each indviidual citizen, not resting happy with the decisions of our elected representatives but standing up for what we feel is right and making our voices heard.
We need to know the truth about the crimes committed in our names. We need to have every American citizen aware of what has been done so there can be no denials or excuses.
At this time, the only line between tyranny and freedom is an informed citizenry. By signing this petition and working to make it known we will not accept anything less than full accountability for torture being done in our name, we are exercising our power, not the power one step removed of the three branches of government.
We have power collectively and we also have power individually. I think the citizenry of this country are going to be tested enormously as we have to let our representatives know we are not asking for favors on our "pet causes" but taking our government back, of, by and for the people.