Tag Archives: constitution

SYNDICATED COLUMN: What Would the U.S. Look Like If We Built It From Scratch?

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Imagine that there was another revolution. And that nothing big had changed. Demographics, power dynamics, culture, our economic system and political values were pretty much the same as they are now. If we Americans rolled up our sleeves and reimagined our political system from scratch, if we wrote up a brand-new constitution for 2017, what would a brand-spanking-new United States Version 2.0 look like today?

A lot of stuff would be different. Like, there wouldn’t be an electoral college. (Only a handful of countries, mainly autocracies in the developing world, do.)

There probably wouldn’t be a Second Amendment; if there were, it would certainly be limited to the right to own pistols and hunting weapons. And the vast majority of gun owners believe in regulations like background checks.

Does anyone believe we would choose the two-party duopoly over the multiparty parliamentary model embraced by most of the world’s representative democracies?

Our leaders fail us in innumerable ways, but perhaps their worst sin is to accept things they way they are simply because that’s the way they have always been. Whether in government or business or a family, the best way to act is determined by careful consideration of every possibility, not by succumbing to inertia. Don’t just imagine — reimagine.

We live in the best country in the world. That’s what our teachers taught us, our politicians can’t stop saying (even the critical ones), and so most Americans believe it too.

But it isn’t true, not by most measures.

Americans suffer from drastic income inequality, massive adult and child poverty, an atrocious healthcare system, higher education affordable only to the rich, blah blah blah. Plus the candidate who gets the most votes doesn’t necessarily get to be president. It doesn’t have to be this way. We just need a little imagination.

Probably because I have a foreign-born parent and thus dual citizenship, and also because I have been fortunate enough to visit a lot of other countries, I bring an internationalist perspective to my political writing and cartoons. Like RFK I don’t accept things how they are. I imagine how things could be. Why shouldn’t we learn from China’s ability to build infrastructure? Why can’t we improve food quality standards like the EU? Aiming for the best possible result ought to be the standard for our politicians. For citizens too.

New New York Times columnist Bret Stephens called for repealing the Second Amendment following the recent mass shooting in Las Vegas. His piece made a splash because he’s a conservative. Setting aside whether banning guns is a good idea, no one followed his suggestion to its logical conclusion: it won’t happen. Not just because guns are popular (which they are), or of the influence of the NRA’s congressional lobbyists (who are formidable), but because it’s impossible to amend the constitution over any matter of substance. In fact, the U.S. has the hardest-to-amend constitution in the world.

Girls can join the Boy Scouts and women can fight our wars, yet we live in a country that never passed the Equal Rights Amendment. We The People have moved past our ossified, stuck-in-1789 Constitution.

So has the rest of the world. In days of yore, when the U.S. was still that shining city on a hill, newly independent nations modeled their constitutions on ours. No more. Rejecting our antiquated constitution because it guarantees fewer rights than most people believe humans are entitled to, freshly-minted countries like South Sudan instead turn to documents like the European Union Convention on Human Rights and the Canadian Charter of Rights and Freedoms.

Other nations replace their constitutions completely an average of every 19 years. By global standards, our 228-year-old charter is ancient. More recent constitutions cover the right of every citizen to education, food and healthcare. Unlike ours, they guarantee the right of defendants to be considered innocent until proven guilty.

I’m not suggesting that we convene a second constitutional convention. Not now! Two hundred twenty-eight years ago they had Thomas Jefferson and James Madison; we have Nancy Pelosi and Paul Ryan. This political class isn’t fit to rubberstamp a routine raising of the debt limit, much less figure out how this More Perfect Union could become new and improved.

I’m saying: it’s time to shed the illusion of the U.S. as some cute wet-behind-the-ears nation-come-lately. The frontier has been conquered. Even though 97% of Puerto Ricans want in, there will be no new states. In spirit and by chronology we are old, old as the hills, old like Old Europe, and we’ve gotten stuck in our ways. If we don’t want to get even more fogeyish and dysfunctional and incapable of progress, we have got to consider things with fresh eyes.

Look at a map. Would anyone sane divide administrative districts into 50 states whose populations and sizes varied as much as inconsequential Delaware and ungovernable California?

Citizens of Washington D.C. can’t vote in presidential or gubernatorial elections. Why the hell not?

You can fight and kill in the military at age 18. But you can’t drown your PTSD in beer before age 21. And you can’t rent a car until you’re 25. WTF?

Oh, and we can probably do away with that part of the Bill of Rights about not having to billet troops in your home.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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SYNDICATED COLUMN: The NSA Loses in Court, but the Police State Rolls On

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Edward Snowden has been vindicated.

This week marks the first time that a court – a real court, not a sick joke of a kangaroo tribunal like the FISA court, which approves every government request and never hears from opponents – has ruled on the legality of one of the NSA’s spying programs against the American people.

Verdict: privacy 1, police state 0.

Yet the police state goes on. Which is what happens in, you know, a police state. The pigs always win.

A unanimous three-judge ruling by the US Court of Appeals for the Second Circuit, in New York, states unequivocally that the Obama Administration’s interpretation of the USA Patriot Act is fatally flawed. Specifically, it says, Congress never intended for Section 215 to authorize the bulk interception and storage of telephony metadata of domestic phone calls: the calling number, the number called, the length of the call, the locations of both parties, and so on. In fact, the court noted, Congress never knew what the NSA was up to before Snowden spilled the beans.

On the surface, this is good news.

It will soon have been two years since Snowden leaked the NSA’s documents detailing numerous government efforts to sweep up every bit and byte of electronic communications that they possibly can — turning the United States into the Orwellian nightmare of 1984, where nothing is secret and everything can and will be used against you. Many Americans are already afraid to tell pollsters their opinions for fear of NSA eavesdropping.

One can only imagine how chilling the election of a neo-fascist right-winger (I’m talking to you, Ted Cruz and Scott Walker) as president would be. Not that I’m ready for Hillary “privacy for me, not for thee” Clinton to know all my secrets.

Until now, most action on the reform front has taken place abroad, especially in Europe, where concern about privacy online has led individuals as well as businesses to snub American Internet and technology companies, costing Silicon Valley billions of dollars, and accelerated construction of a European alternative to the American dominated “cloud.”

Here in the United States, the NSA continued with business as usual. As far as we know, the vast majority of the programs revealed by Snowden are still operational; there are no doubt many frightening new ones launched since 2013. Members of Congress were preparing to renew the disgusting Patriot Act this summer. One bright spot was the so-called USA Freedom Act, which purports to roll back bulk metadata collection, but privacy advocates say the legislation had been so watered down, and so tolerant of the NSA’s most excessive abuses, that it was just barely more than symbolic.

Like the Freedom Act, this ruling is largely symbolic.

The problem is, it’s not the last word. The federal government will certainly appeal to the U.S. Supreme Court, which could take years before hearing the case. Even in the short run, the court didn’t slap the NSA with an injunction to halt its illegal collection of Americans’ metadata.

What’s particularly distressing is the fact that the court’s complaint is about the interpretation of the Patriot Act rather than its constitutionality. The Obama Administration’s interpretation of Section 215 “cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program,” said the court ruling. However: “We do so comfortably in the full understanding that if Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously.”

Well, ain’t that peachy.

As a rule, courts are reluctant to annul laws passed by the legislative branch of government on the grounds of unconstitutionality. In the case of NSA spying on us, however, the harm to American democracy and society is so extravagant, and the failure of the system of checks and balances to rein in the abuses so spectacular, that the patriotic and legal duty of every judge is to do whatever he can or she can to put an end to this bastard once and for all.

It’s a sad testimony to the cowardice, willful blindness and lack of urgency of the political classes that the New York court kicked the can down the road, rather than declare the NSA’s metadata collection program a clear violation of the Fourth Amendment’s right to be free from unreasonable search and seizure.

(Ted Rall, syndicated writer and the cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

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Backdate

For nearly a year, the Obama Administration has waged a high-intensity air campaign against the Islamic State in Syria and Iraq, killing thousands of Iraqis and Syrians, including many civilians. Now they’re finally asking for retroactive authorization from Congress, as mandated by the Constitution, for doing what they’ve already done. So much for a nation of laws.

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SYNDICATED COLUMN: Professionals Behaving Badly

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The Drone Memo’s Hack Author Should Be In Prison. Instead, He’ll Be a Judge.

Conservatives say, and this is one of their more successful memes, that poor people are immoral. The proles have sex and kids out of wedlock and expect us (i.e., upstanding middle- and upper-class patriots) to pay for them. They steal Medicare and cheat on welfare. They don’t follow The Rules (rules written by, let’s just say, not them). Which makes them Bad.

This was always hogwash, of course. Though it is true that poverty causes people to do bad things, class and morals are uncorrelated. But who’s worse, the poor thief or the wealthy person who refuses to pay him a living wage?

America’s professional class has traditionally enjoyed a privileged position at the top of middlebrow America’s aspirational hierarchy. At the core of our admiration for doctors, lawyers and bankers was the presumption that these learned men and women adhered to strict codes of ethics. Doctors healed, lawyers respected the law and bankers didn’t steal.

When they did, there’d be hell to pay, not least from their brethren.

Evidence abounded that the clay content in the professional class’ metaphorical feet was no lower than anybody else’s. Thanks to recent developments, not least since 2008’s save-the-banks-not-the-people orgy of featherbedding at taxpayer expense, the fiction that we should look up to the technocracy is dying fast.

Not only are some physicians crapping on their Hippocratic oath by carrying out executions of prisoners and participating in the horrific torture of innocent concentration camp inmates, the associations charged with enforcing professional ethics sit on their old-boys-club hands. Big-time judges, depicted in movies as moral giants who love to get medieval on evil dirtbags whether in the mafia or the CIA, act like wimps instead, grumbling under their mint-flossed breath as they sign off on the federally-funded insertion of needles into innocent men’s penises.

Thurgood wept.

I got to thinking about the fall of the professional class after hearing that the White House has finally relented in its incessant stonewalling on the Drone Memo. Finally, we peons will get a peek at a legal opinion that the White House uses to justify using drones to blow up anyone, anywhere, including American citizens on American soil, for any reason the President deems fit.

When the news broke, I tweeted: “This should be interesting.”

I’m a cartoonist, but I can’t imagine any reading of the Constitution — left, right, in Swahili — that allows the president to circumvent due process and habeas corpus. I can’t see how Obama can get around Ronald Reagan’s Executive Order 12333, even after Bush amended it. Political assassinations are clearly proscribed: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” (Yes, even bin Laden.)

I have no doubt that David Barron, who is a professor at the very fancy Harvard Law School and held the impressive title of Former Acting Chief of the Justice Department’s Office of Legal Counsel, and who furthermore is President Obama’s nominee to fill a vacancy on the United States Court of Appeals for the First Circuit in Boston, did his very bestest with his mad legal skillz to come up with a “kill ’em all, let Obama sort ’em out” memo he could be proud of.

Still, this topic prompts two questions:

What kind of human being would accept such an assignment? Did anyone check for a belly button?

How badly would such a person have to mangle the English language, logic, Constitutional law and legal precedent, in order to extract the justification for mass murder he was asked to produce?

I haven’t seen the drone memo, but Senator Rand Paul has. Whatever legal hocus-pocus Barron deployed didn’t convince Paul. “There is no legal precedent for killing American citizens not directly involved in combat and any nominee who rubber stamps and grants such power to a president is not worthy of being placed one step away from the Supreme Court,” Paul said in a statement.

I’ll bet my next couple of paychecks that Paul is correct — and that Barron’s sophistry wouldn’t withstand a serious court challenge, not even before a panel of a dozen Antonin Scalias. After all, we’ve been here before.

Shortly after 9/11, Dick Cheney and his cadre of neo-con fanatics ordered the White House Office of Legal Counsel, the same entity behind Barron’s drone memo, to come up with a legal justification to give Bush legal cover for torturing suspected terrorists. When they emerged, the Torture Memos were roundly derided by legal experts as substandard, twisted and perverse readings of the Constitution, treaty obligations and case law. Read them. You’ll see.

In 2010, the Justice Department decided not to file charges against Torture Memo authors John Yoo and Jay Bybee on the grounds that the two men weren’t evil — just dumb. (Can’t they be both?) The Torture Memos, they ruled, were shoddy. That, I’m as sure as I can be about something I haven’t seen yet, will be the case with the drone memo.

As with Yoo and Bybee, both of whom went on to prosper in the legal profession rather than warm the prison cells they both richly deserve, Barron probably won’t lose anything as the result of his work on the drone memo. He’ll be a federal judge.

Yet another heavy stone on the grave of America’s once-vaunted professional class.

(Ted Rall, staff cartoonist and writer for Pando Daily, is author of “Silk Road to Ruin: Why Central Asia is the New Middle East.” Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

 

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Guest Post: Sometimes You Just Gotta Let It Out

I think this lady deserves a hearing here at the Rallblog. Because it’s where we’re at right now. She’s reacting to Obama’s “Syria” speech.

Susan

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SYNDICATED COLUMN: Stuck

Why Can’t the U.S. Move Forward?

“Your dearest wish is for our state structure and ideological system never to change, to remain as they are for centuries. But history is not like that. Every system either finds away to develop or else collapses.” Aleksandr Solzhenitsyn wrote that in 1974, in his famous “Letter to the Soviet Leaders.” But it could just as easily be addressed to President Obama, Congress, members of the media, corporate chiefs, and others who lead and maintain the power structure in the United States.

The United States is as ossified as the USSR was before its collapse.

Shortly after the start of the financial meltdown which began in 2009, polls found American citizens disgusted with the capitalist system. Tens of millions said they would prefer socialism. When the Occupy Wall Street movement took off in 2011, mainstream pundits began using the “R” word, revolution – but only to ask a question with a predetermined answer. Regime change, they said, was neither desirable nor possible.

Too bad.

We used to be a growing country. Not any more. We used to welcome new states into the Union. It’s been 53 years since we added a star to Old Glory; Puerto Rican statehood isn’t a subject of serious consideration. We used to amend the Constitution to suit changing mores. The last major amendment, granting the vote to 18-year-olds, was ratified in 1971. Apparently equal rights for women is too much to ask.

We don’t build anymore. Think about infrastructure. The last major public works project in U.S. history was the Interstate Highway System, built in the 1950s – not coincidentally when the economy was booming.

Our political system is ossified too. The massacre at Sandy Hook Elementary School in Connecticut prompted calls for tighter gun control. But nobody – not even liberals, the traditional enemies of gun rights – argued for getting rid of the Second Amendment which, depending on your interpretation of the prefatory comma, allows us to join a militia or carry guns in our waistbands. “I have no intention of taking away folks’ guns,” President Obama has said.

Well, why not? Personally, I’m against gun control and I’m glad that very little is going to change. Yet I find it disturbing that the Second Amendment is considered sacrosanct, even by the 24% of Americans who want to ban handguns. Pointing out that the country is very different now than it was in 1789 seems reasonable. Maybe we don’t need guns any more. A smart country, one willing to weigh the alternatives when trying to solve a problem, should be able to discuss the possibility of repealing the Second Amendment.

Look at our national political dialogue, which ranges from center-right (Democrat) to right (Republican). Whole strains of ideology – communist, socialist, nationalist, libertarian – are off the table. We pretend most of the ideological spectrum doesn’t exist. Not smart.

Our national unwillingness and/or inability to have a wide-ranging debate reminds me of New York City, where I have lived for many years. There are no public restrooms. Restaurants and other businesses post “Restrooms for Customers Only” signs on their doors. Yet peeing outside is against the law; in fact, it’s public exposure, a sex offense that can land you on a Megan’s Law-style pervert registry. So where are you supposed to go?

A child could tell you this is insane. You know what’s even more insane? That we New Yorkers don’t even talk about it. Like Germans on their way to work in the early 1940s, wondering what that funny smell coming from the camp down the road might be coming from, we pretend that this is all perfectly normal.

As a recent New York Times article by Louis Seidman pointed out, we have foolishly elevated the Constitution to the status of a sacred text, fetishizing a supposedly “living document” that in truth has been dead for years. (Congress, for example, has the sole right to start wars. President Bush ignored the U.S. Supreme Court’s decisions concerning POWs at Guantánamo. And so on.) The result, Seidman argues, is endless petty bickering about what the meaning of “is” is – and what that stupid comma was supposed to be for.

The question for any society is not how to figure out how to conform ourselves to rules and assumptions laid down by our forebears, but to come up with the smartest solutions to our problems and the best systems to make things run smoothly now and in the future. If we were revolutionaries, if we were inventing the United States from scratch, would we create the Electoral College? Doubtful.

The people of the United States are changing all the time, but the United States government and power structure are stuck. The political “culture wars” date to the 1960s and 1980s. Our military thinks the Cold War is still going on.

Our economy reflects our national congealing.

Once a “land of opportunity,” the U.S. is now anything but. If you’re born into a poor family, your chances of elevating yourself into the middle or upper class are lower in America than in other industrialized countries. “It’s becoming conventional wisdom that the U.S. does not have as much mobility as most other advanced countries,” says economist Isabel Sawhill of the Brookings Institution. “I don’t think you’ll find too many people who will argue with that.” Aside from the unfairness and the instability caused by inequality and lack of social mobility, we’re losing the talents of tens of millions of Americans who will never be able to live up to their potential, share their ideas and contribute to the making of a more perfect union.

We haven’t had a major social or political revolution since the 1960s. It’s been too long. Like the Soviet Union, we must develop – scrapping long-held assumptions and reconsidering everything from scratch – or collapse.

I think we’re headed toward collapse.

(Ted Rall’s website is tedrall.com. His book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan” will be released in November by Farrar, Straus & Giroux.)

COPYRIGHT 2013 TED RALL

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SYNDICATED COLUMN: Executive Privilege: Another Presidential Lie

Why George III Would Be Jealous of Obama

The Phoenix bureau of the Bureau of Alcohol, Tobacco, Firearms and Explosives sold over 2,000 guns to operatives they believed to be working for Mexican drug cartels between 2006 and 2010. According to the ATF, “Operation Fast and Furious” was an attempt to track the weapons to higher level criminals.

Things went south—literally—when ATF guns began turning up at crime scenes, including the murder of a U.S. Border Patrol agent. Now, as part of its investigation, the GOP-led House Oversight and Government Reform Committee is demanding that the Obama Administration turn over documents relevant to the botched ATF operation.

President Obama has refused, invoking “executive privilege.”

I put “executive privilege” in quotes because, like terms such as “enemy combatant,” it does not appear in law. Presidents of both parties—indeed, presidents of parties that no longer exist, all the way back to 1796—have asserted that the constitutional separation of powers grants the executive branch an “inherent” right to ignore subpoenas issued by Congress or the judiciary.

The standard argument is that compliance would reveal the internal deliberations of the President, his Cabinet officers and other government officials who require the presumption of privacy in order to engage in internal debates and deliberations.

This is Obama’s first use of “executive privilege,” but both by historical and current legal standards it is radically overreaching. The closest we have to a definitive word on executive privilege dates to the Watergate scandal, when the U.S. Supreme Court ruled against Richard Nixon’s attempt to stonewall Congress. As long as a prosecutor could argue that the relevant documents were essential to the justice of a case, and did not compromise national security, Chief Justice Warren Burger said, the president would have to fork over the documents.

Operation Fast and Furious, a law enforcement matter, doesn’t qualify under the Burger ruling. It’s hard to imagine making a credible case that national security would be compromised if the details were made public. Since run-of-the-mill ATF memos would be covered, the usual top-level internal deliberations justification doesn’t apply either: “Obama’s claim broadly covers administration documents about the program called Operation Fast and Furious, not just those prepared for the president,” reports Larry Margasak of the Associated Press.

Once again Obama is following precedent established by George W. Bush, whose legal advisors seem to have missed the class about how Americans decided not to be ruled by a King. Bush, who promoted another legal fiction, a “unitary executive” branch, invoked “executive privilege” six times, such as when refusing to release the minutes of Dick Cheney’s meetings with corporate energy executives, Karl Rove’s refusal to testify in the politically-orchestrated firings of federal prosecutors, and in the cover-up of the “friendly fire” shooting of former football player Pat Tillman in Afghanistan.

We’ve come a long way since 1796. Because the Constitution grants the Senate (but not the House) the right to ratify treaties, George Washington refused to turn over notes about the negotiations of the Jay Treaty with Great Britain to the House, claiming “executive privilege.” But he did give them to the Senate. And the Supreme Court overruled Thomas Jefferson’s 1807 claim that providing his private correspondence to Aaron Burr’s defense in his treason trial would imperil national security.

In case after case, the whole idea of executive privilege has been made up, used by both parties to protect secrets and cover up malfeasance, yet has little to no constitutional basis. But it’s hardly the only example of how the Constitution is routinely ignored. The most glaring, of course, is the way presidents have stolen the exclusive right to declare war from one wimpy Congress after another. By some measures the U.S. has fought hundreds of wars, yet only five have carried the legal standing of an official Congressional declaration of war.

Americans enjoy the presumption of innocence and the right to a fair and speedy trial, by a jury of their peers, under the Sixth and Seventh Amendments. Yet President Obama—building on a secret assassination program against so-called “terrorists” begun under Bush—asserts the right not only to deprive U.S. citizens of these rights, detaining them indefinitely and denying them a trial, but to assassinate them. According to The Washington Post, all they need to subvert more than two centuries of constitutional law is an internal memo: “The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike [on September 30, 2011], according to administration officials,” reported The Post. “The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.”

We’re not even allowed to look at the text of the secret memo.

“Executive privilege.”

Too bad the Tea Party’s Constitutional purism is so inconsistent, focusing more on fighting the Democrats than protecting our freedoms. With no one to push back, we’re no longer a democracy. We’re Might Makes Right, not a nation of laws.

What’s worse, most Americans don’t care.

The United States is un-American.

(Ted Rall’s new book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt.” His website is tedrall.com. This column originally appeared at MSNBC.com)

(C) 2012 TED RALL, ALL RIGHTS RESERVED.

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SYNDICATED COLUMN: What If Might Made Right?

Reimagining the Assassination of Bin Laden

President Obama murdered Osama bin Laden. I am surprised that the left has been so supportive—not of the end result, but of the way it was carried out.

Imagine if the killing had gone down the same exact way, but under Bush. Armed commandos invade a foreign country, storm into a suburban neighborhood, blow a hole in a house and blow away an unarmed man in front of his 12-year-old daughter. The guy is a murder suspect. Mass murder. But there’s no attempt to arrest him or bring him to justice. They spirit his bloody corpse out of the country and dump it into the ocean.

Osama bin Laden was suspected ordering of one of the most horrific crimes of the decade. He might have been taken alive. Yet Obama’s commandos killed him. A big part of the puzzle—the key to the truth, who might have led us to other people responsible for 9/11—is gone.

Barack Obama is our Jack Ruby.

Liberals would be appalled if this had happened four years ago. They would have protested Bush’s violations of international law and basic human rights. They would have complained about killing the Al Qaeda leader before questioning him about possible terrorist plots. They would have demanded investigations.

But this happened under Obama. Which means that even liberal lawyers who ought to (and probably do) know better are going along. At a panel discussion at the Justice Institute at Pace Law School, University of Houston law professor Jordan Paust asserted: “You can [legally] use military force without consent in foreign countries.”

“At some point a sovereign state [such as Pakistan] that’s harboring an international fugitive loses the right to assert sovereignty,” added Robert Van Lierop.

Paust and Van Lierop are, respectively, a leading opponent of torture at Guantánamo and a former UN ambassador known for his activism on climate change. Both are “liberal.”

In the U.S., conservatives and “liberals” agree: Might makes right. America’s military-intelligence apparatus is so fearsome that it can deploy its soldiers and agents without fear of retribution.

Might makes right.

In 2007, for example, U.S. Special Forces invaded Iran from U.S.-occupied Iraq in order to kidnap Iranian border guards. It was an outrage. In practical terms, however, there was nothing the Iranians could do about it.

The United States’ 900-pound gorilla act might go over better if we weren’t a nation that constantly prattles on and on about how civilized we are, how important it is that everyone follow the rules. For example:

“We’re a nation of laws!” Obama recently exclaimed. “We don’t let individuals make their own decisions about how the laws operate.”

He wasn’t talking about himself. This was about PFC Bradley Manning, the soldier accused of supplying the big Defense Department data dump to WikiLeaks. Manning has been subjected to torture including sleep deprivation and forced nudity—treatment ordered by Obama.

Truth is, the Constitution, our treaty obligations and our stacks of legal codes are worthless paper. We’re not a nation of laws. We’re a nation of gun-toting, missile-lobbing, drone-flying goons.

U.S. officials do whatever they feel like and then dress up their brazenly illegal acts with perverse Orwellian propaganda. “I authorized an operation to get Osama bin Laden and bring him to justice,” Obama claimed, as if blowing away an unarmed man in a foreign country was the moral equivalent of filing an extradition request with the Pakistani government and putting him on trial before 12 unbiased jurors in a court of law.

Justice is a legal process. It is not a military assault.

When considering the legality or morality of an act it helps to consider different scenarios. What, for example, if Pakistan had military power equal to ours? Last week’s lead news might have begun something like this:

“Pakistan has intercepted four U.S. helicopters over its airspace, forced them to land, and taken 79 “heavily-armed commandos” as prisoners. According to Pakistani military officials, the incident took place about 100 miles from the border of U.S.-occupied Afghanistan. ‘They didn’t stray across the border accidentally. This was a deliberate act,’ said a Pakistani general. President Asif Ali Zardari has asked Pakistan’s nuclear weapons infrastructure has been placed on high alert as the parliament, the Majlis-e-Shoora, considers whether to issue a declaration of war…”

Or let’s assume a different reimagining. What if the United States really was a nation of laws?

Then the news might look like the following:

“Bipartisan demands for Congressional investigations into the assassination of alleged terrorist mastermind Osama bin Laden quickly escalated into demands for presidential impeachment after reports that U.S. forces operating under orders from President Obama invaded a sovereign nation without permission to carry out what House Speaker John Boehner called ‘a mob-style hit.’ Standing at Boehner’s side, Democratic leader Nancy Pelosi decried Obama’s ‘cowboy antics’ and said she had received numerous phone calls from the relatives of 9/11 victims furious that true justice had been denied. Meanwhile, in New York, U.N. secretary-general Ban Ki-Moon moved for sanctions against the United States…”

In fact, no one knows whether Osama bin Laden was involved in 9/11.

They suspect. They feel.

They don’t know.

For what it’s worth, he denied it:

“Following the latest explosions in the United States, some Americans are pointing the finger at me, but I deny that because I have not done it,” bin Laden said in a statement released on 9/16/01. “The United States has always accused me of these incidents which have been caused by its enemies. Reiterating once again, I say that I have not done it, and the perpetrators have carried this out because of their own interest.”

Why should we believe him? Why not? He admitted his responsibility for the East Africa embassy bombings in 1998.

Interestingly, the FBI never mentioned 9/11 on his “wanted” poster.

There was the famous “confession video”—but it was translated into English by the CIA, hardly an objective source. Arabic language experts say the CIA manipulated bin Laden’s discussion of what he had watched on TV into an admission of guilt. For example, they changed bin Laden’s passive-voice discussion to active: “[the 19 hijackers] were required to go” became, in the CIA version, “we asked each of them to go to America.”

“The American translators who listened to the tapes and transcribed them apparently wrote a lot of things in that they wanted to hear but that cannot be heard on the tape no matter how many times you listen to it,” said Gernot Rotter, professor of Islamic and Arabic Studies at the Asia-Africa Institute at the University of Hamburg.

Other OBL communiqués appear to take credit for 9/11—but there’s a possibility that he was trying to keep himself relevant for his Islamist audience. Anyway, a confession does not prove guilt. Police receive numerous “confessions” for high-profile crimes. They can’t just shoot everyone who confesses

I’m not angry that Bin Laden is dead. Nor am I happy. I didn’t know the guy or care for his ideology.

I’m angry that, without a trial or a real investigation, we will never know whether he was guilty of 9/11—or, if he was, who else was involved.

Our Jack Ruby, Barack Obama, made sure of that.

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

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