It is hardly surprising that
President Obama ordered the assassinations of Osama bin Laden and Anwar
al-Awlaki since the last thing he wants is to bring any leader of al-Qaeda to
trial. If the U.S.
wanted bin Laden to have his day in court it might have had the Navy Seals go
against his lightly defended hideout with stun grenades or tear gas instead of
launching a shoot-to-kill attack.
As The New
Yorker article "Getting bin Laden" of August 8 by reporter
Nicholas Schmidle makes clear, the bin Laden slaying was a shoot-and-kill
operation from the get-go and "all along, the SEALs had planned to dump
bin Laden's corpse into the sea." Schmidle writes that when the
SEALs came upon Osama in his three-story compound in Abbottabad that he was
unarmed and that those guarding him had already been killed. It would have been
the easiest thing in the world to capture him and put him on trial. Instead, by
having the SEALs execute him, Obama made good on his 2008 campaign pledge, "We
will kill bin Laden" and spared the American public the story of how the
U.S. created al-Qaeda in the first place and why and how the terrorist band
turned against Washington.
Reporter Schmidle writes the
bin Laden slaying was a CIA covert operation, so it was a natural fit for the
President. For years a CIA employee, Obama shares the Agency's criminal
outlook, which has long been the expropriation of the energy resources of the Middle East . To further this goal, Obama vastly increased
the number of drone assassination terror strikes by the CIA over those ordered
by his predecessor George W. Bush, and this escalation has also led, reliable
sources inform us, to the killing of hundreds of innocent
civilians---a figure that now may well number a thousand or more. I
underscore: innocent civilians. Ask yourself, how any
civilized man can purchase the destruction of an accused enemy at the price of
the murders of so many innocent bystanders, including women and children?
And why no trials? Well, it
is hard to think of any aggressorin history who sought to put his foreign
captives on trial. As a rule, invaders don't do that. The U.S. surely hasn't done this in the Middle East . Of the thousands of "terrorist"
captives (and I put the term in quotes because in my book a man is still
innocent until proved guilty in court) arrested and held for years in Iraq,
Afghanistan, Guantanamo, and other hell holes, how many have been put on trial?
How many have had lawyers? How many have had anything resembling due process?
How many have been allowed to contact their families? The late entertainer
Michael Jackson's physician currently is on trial in a procedure exposed on
nation-wide television---but which captive of the Pentagon allegedly guilty of
the grave crime of seeking to destroy America by force and violence has
been afforded a like opportunity to defend himself in a public trial?
If there was the slightest
shred of justice in the CIA's renditions, it has been obliterated by the
burdens the U.S. has heaped on the several lawyers allowed to represent a
handful of the accused, making it difficult for them to visit their clients, to
speak to their clients, and to represent them fairly. Worse, the Pentagon has
dressed military personnel in civilian suits and sent them to tell captives
they are their court-appointed lawyers and can speak to them freely when, in
fact, they are spies! And nothing points to American culpability so much as the
widespread torture of captives. When, in the annals of human history, has a
nation using such foul methods ever been in the right? When has any nation that
closets men in secret prisons to deny access to them by the International Red
Cross not had something ghastly to hide? When, in all of human history, has any
nation that ever outspent all the other nations on the planet combined on
armaments not been an aggressor state?
Let's be clear about this:
the nation that arrests suspects without first going before a judge to make its
case is no respecter of human rights. Just the opposite. Its violation of
international law is precisely what it accuses those it arrests of doing.
Al-Awlaki's slaying by the U.S.
"is a real body blow against the United States Constitution by the Obama
administration---the murder and assassination of a U.S.
citizen in gross violation of the Fifth Amendment," says Francis Boyle,
the distinguished authority on international law at the University
of Illinois , Champaign . This states: "No person
shall...be deprived of life, liberty or property without due process of
law."
Instead, Boyle says, this
was a "Mafia-style 'hit'" on a U.S.
citizen authorized by President Obama, a graduate of Harvard
Law School
and former constitutional law professor at the University of Chicago
whose action "proves how degraded and bankrupt legal education at such
elite institutions has become." Harvard's moral bankruptcy, though, is the
least of it.
The killing of al-Awlaki is
no cause for rejoicing by the American people. Not only has President Obama
once again authorized a murder but by denying al-Awlaki any chance of a fair
trial Obama cheats the American people of their right to hear what the
defendant has to say. One of the great blessings of trial by jury enshrined in
centuries of Anglo-Saxon jurisprudence is its educational aspect. There is not
only sworn testimony presented by the involved parties but the opportunity to
examine and cross-examine witnesses and to get at the motives for their conduct
and to determine the truth of their positions. There is the opportunity to hear
opening and closing arguments by both the defendant and the prosecution and to
evaluate them calmly and weigh them one against the other. In the present
situation, the prosecution is trying al-Awlaki, like bin Laden before him, in
the compliant media of the American
Warfare State .
Boyle charges that as the
CIA originally established Al Qaeda to fight in Afghanistan, "they are
aware of all the dirty work we have been involved in around the world since
about 1980 that we have had them doing, most recently in Libya. Hence, they all
get Kangaroo Courts on Gitmo that are under the complete control of the
Pentagon to silence and control whatever they have to say as well as their
lawyers." In short, bin Laden and al-Awlaki knew too much.
Finally, just as President
Bush's attacks on Afghanistan and Iraq created a precedent for waging deceitful
and illegal "preventive wars," so, too, has President Obama's latest
assassination established a precedent for the murder of Americans by the White
House without jury trial, opening the door to the killing, say, of any
president's political opponents and dissenters. Where Hitler, Mussolini, and
Tojo failed miserably, Presidents Bush and Obama have brilliantly succeeded in
turning America
into a totalitarian state that can execute on a president's whim. With luck,
other peoples and nations will halt the spread of this American empire using
creative non-violence rather than the use of force. The way to fight fire
is with water. #
(Sherwood Ross was active in
the civil rights movement and has worked as a reporter for major dailies and as
a columnist for several wire services. He currently runs a public relations
firm "for good causes" and directs the Anti-War News Service. To
contact him or contribute to his news service, emailsherwoodross10@gmail.com)
#
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