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SYNDICATED COLUMN: Barack Obama, Torture Enabler

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Ted Rall

Spain Enforces America’s Laws

America is a nation of laws–laws enforced by Spain.

John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith wrote, authorized and promulgated the Justice Department “torture memos” that the Bush Administration used for legal cover. After World War II, German lawyers for the Ministry of Justice went to prison for similar actions.

We’ve known about Yoo et al.’s crimes for years. Yet–unlike their victims–they’re free as birds, fluttering around, writing op/ed columns…and teaching. At law school!

Obama has failed to match changes of tone with changes in substance on the issue of Bush’s war crimes. “We need to look forward as opposed to looking backwards,” he answered when asked whether he would investigate America’s worst human rights abuses since World War II. Indeed, there’s no evidence that Obama’s Justice Department plans to lift a finger to hold Bush or his henchmen accountable.

“They should arrest Obama for trying to impersonate a President,” one wag commented on The San Francisco Chronicle‘s website.

Fortunately for those who care about U.S. law, there are Spanish prosecutors willing to do their job. Baltasar Garzón, the crusading prosecutor who went after General Augusto Pinochet in the ’90s, will likely subpoena the Dirty Half Dozen within the next few weeks. “It would have been impossible to structure a legal framework that supported what happened [in Guantánamo]” without Gonzales and his pals,” argues the criminal complaint filed in Madrid.

When the six miscreants ignore their court dates (as they surely will), Spain will issue international arrest warrants enforceable in the 25 countries that are party to European extradition treaties. All hail King Juan Carlos I!

Which brings us to a leaked report by the Red Cross, famous for its traditional reticence to confront governments. Which means that physicians are enjoined to do no harm. Doctors are prohibited by their ethical code of conduct from attending, much less participating in, torture. (What does this have to do with Bush’s lawyers? Hold on. I’m getting there.)

The Red Cross found that CIA doctors, nurses and/or paramedics “monitored prisoners undergoing waterboarding, apparently to make sure they did not drown. Medical workers were also present when guards confined prisoners in small boxes, shackled their arms to the ceiling, kept them in frigid cells and slammed them repeatedly into walls,” reports The New York Times.

“Even if the medical worker’s intentions had been to prevent death or permanent injury,” the report said, they would have violated medical ethics. But they weren’t there to protect anyone but the CIA. They even “condoned and participated in ill treatment….[giving] instructions to interrogators to continue, to adjust or to stop particular methods.” Charming.

Since 1945, at least 70 doctors around the world have been prosecuted for participating in torture. But not Bush’s CIA torture facilitators. Not by this president. Asked to comment on the Red Cross report, a spokesman for CIA director Leon Panetta replied that Panetta “has stated repeatedly that no one who took actions based on legal guidance from the Department of Justice at the time should be investigated, let alone punished.” (There’s the lawyer connection.)

Which is similar to what Obama said about the torturers: “At the CIA, you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got to spend all their time looking over their shoulders and lawyering up.” Don’t you just hate being micromanaged when you’re torturing people?

Ah, the great shell game of American justice. You can’t prosecute the torturers because their lawyers advised them that torture was OK. You can’t prosecute the lawyers because all they did was theorize–they didn’t torture anyone. You can’t prosecute the president and vice president who ordered the torture because they have “executive privilege” and, anyway, who would put a head of state on trial? What is this, Peru?

What’s the flip side of a victimless crime? A perpless crime?

It’s a neat circle, or would be if it fit, but drink some coffee and let the caffeine do its thing and it soon becomes apparent that it doesn’t come close. The trouble for the Bushies, and now for Obama–they’re his torturers now–is that lawyers are bound by a higher code than following orders.

Yoo, Bybee, Addington, Gonzales, Haynes and Feith were asked by the White House to come up with legal cover for what they knew or ought to have known were illegal acts under U.S. law, international law, and treaties including the Geneva Conventions (which were ratified by the U.S. and therefore hold the force of U.S. law). Since they don’t deny what they did–indeed, they continue to justify it–their presumed defense if they wound up on trial in Europe would be that they were just following orders.

However, the decision in the 1948 trials of German attorneys immortalized in the fictionalized film “Judgment at Nuremberg” makes clear that a lawyer’s duty is to the law–not his government. And not just his own country’s law–international law.
The Nuremberg tribunal acknowledged that Nazi Germany was an absolute dictatorship in which everyone answered to Adolf Hitler and could be shot for disobeying.

Nevertheless, the court ruled, “there were [German] restrictions for Hitler under international law.” Despite his total legal authority within Germany, Hitler “could issue orders [that violated] international law.” Obeying a direct order from Hitler, in other words, was illegal if it violated international law. And German lawyers went to prison for doing just that.

The six lawyers about to face charges in Spain didn’t have to worry about Nazi firing squads. They were rank opportunists trying to advance their careers in an Administration that viewed laws as quaint, inconvenient obstacles. Here’s how not scared they are: Feith recently penned an op/ed in The Wall Street Journal daring–double-daring–Obama’s Justice Department to go after him.

“If President Barack Obama and the prosecutors see a crime to be prosecuted, they can act,” Feith wrote.

One can only hope. In the meantime, we’ll always have Spain.

COPYRIGHT 2009 TED RALL

NEW ANIMATION: The Fiendish Skies

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Ted Rall

Sitting in airports waiting for flights operated by carriers that might not still be in business by boarding time gave me the idea for this animation, wherein an airine goes out of business WHILE the flight is in progress. Hope you like it.

Sneak Preview: The Year of Loving Dangerously

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Ted Rall


I thought it would be fun to give you a sneak peak at what I’ve been up to lately: my upcoming graphic novel, “The Year of Loving Dangerously.”

Due out this fall, “Year” marks my return to the autobiographical graphic novel genre I last visited with “My War With Brian” in 1998.. This painful reminiscence focuses on my annus horriblus: 1984. I was expelled from college, fired from my job, arrested, and dumped by a girlfriend I thought I would marry someday (mo-ron!). I wound up homeless and alone on the streets of Manhattan during that long hot summer. What I did to survive is the topic of this graphic novel, and you can probably guess from the title.

The artwork is by Pablo J. Callejo, the brilliant artist behind “The Bluesman” series. I wrote everything, and it’s my story. Bear in mind that these are pre-edited pages and may include typos, mistakes, etc.

Over the next few days, I’ll be previewing a page from the book.

1996

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Ted Rall

I’ve just added my 1996 editorial cartoons to the archives. There’s some good stuff in there, so you might want to check it out.

All that’s missing now is the 1995 stuff. I also need to keyword 2002, 2003 and 2004.

Website Requests?

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Ted Rall

Since so many of my commentators are so interesting, I’m thinking of adding a bulletin-board type forum to the . They could discuss my cartoons, columns, politics, whatever they felt like. Do you think this would be a good idea? Is there anything else you’d like me to add here?

SYNDICATED COLUMN: Afghan Death Trip

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Ted Rall

Broke and on a Losing Streak, Obama Doubles Down

Contrary to myth, the Nazis weren’t crazy. But during the winter of 1944-45, with the Allied and Soviet armies closing in on Berlin, German leaders made an insane decision. Instead of doing whatever they could to hold out as long as possible, they sped up the Holocaust.

The Nazis’ policy of accelerated genocide deprived the war effort of increasingly precious resources. Soldiers and paramilitaries were pulled back from the battlefront in order to arrest and guard ever-increasing numbers of Jews and other “enemies of the state.” As battle after battle was lost, trains assigned to transport reinforcement troops were reassigned to ship the regime’s victims to the death camps.

Killing Jews was the Nazis’ top priority. It came ahead of everything else–even their own lives. Total madness.

But who are we to judge? Here we are 64 years later, doing the same thing. The U.S. is locked in a last-ditch struggle for survival, and the U.S. government is diverting vital resources to its own top priority: killing Muslims.

President Obama and the Democrats always asserted that Afghanistan was the “good war”–the one thing George W. Bush did right before he “took his eye off the ball” by invading Iraq. Not me. I realized that the invasion and subsequent occupation were doomed from the start. My Paul-on-the-road-to-Damascus moment came while watching Afghan villagers sobbing outside a house being searched by U.S. troops. “The Russians never violated our homes,” an old man told me. As in many societies descended from nomads, Afghan culture dictates that a man’s home is truly his castle. “Even when they came to kill you, the Taliban knocked on the door and waited for you come out. They didn’t touch your wife or daughter. They never came inside. Never.”

I stared at the house’s front door, smashed and splintered after having been kicked in, and thought: They’ll never forgive us. Women were shrieking inside the house. The soldiers yelled at them: “Shut the f— up!” At least they did it in English, so they couldn’t understand. Hearts and minds.

I went to my rented room and filed a story with the headline: “How We Lost Afghanistan.” It was December 11, 2001.

Bush spent the following seven years sending more and more troops to Afghanistan: 8,000 at first, then 18,000, then 30,000. Afghan resistance fighters killed more and more of them. It became more dangerous to serve a tour of duty in America’s “forgotten war” than in Iraq. The more the size of the U.S. occupation force increased, street-level violence, warlordism and opium poppy cultivation spiraled out of control.

Chaos doesn’t come cheap. It costs $390,000 to sustain one American soldier overseas for one year.

Now Obama is “doubling down” on a “new Afghanistan-Pakistan strategy,” reported The Washington Post. “Along with the 17,000 additional combat troops authorized last month, Obama said he will send at least 4,000 more this fall…” There were 38,000 when Obama took office. Soon there will be 55,000. By early next year, at least 70,000. Thousands of more will be moved from Iraq to Afghanistan. There have been few protests. If insanity is doing the same thing over and over and expecting different results, we must be out of our collective minds.

I stand nearly alone in my long-running criticism of the Afghan war. But even if you disagree with my pessimistic assessment of the foreign policy repercussions of the “good war,” surely we can find common ground on the economic front.

The U.S. is broke. One cause is the $3 trillion we’ve already wasted on the Iraq and Afghanistan wars. (With compound interest, that debt comes to over $10 trillion–or a dozen $700 billion Wall Street bailouts.) In a move that echoes Hitler’s misdirected obsessiveness, Obama is about to waste even more money we don’t have. According to the Pentagon’s notoriously rosy projections, Obama’s “Afghan surge” will increase the cost of that misbegotten quagmire (remember when right-wing pundits ridiculed those of us who used the Q-word to describe Afghanistan?) by 60 percent, up from the current $2 billion a month.

Millions are losing their jobs and their homes. Is this best the possible use of our federal taxdollars?

Obama says his war aims in Afghanistan are to fight insurgents, “train Afghan Security Forces,” improve the Afghan economy and reduce opium production. Of course, some of these goals are self-actualizing. If the U.S. withdrew, there wouldn’t be any insurgents. And Afghanistan wouldn’t need so many more security forces to keep order.

As for the Afghan economy and narcotics, Obama doesn’t stand a chance. “We’re pretty good about getting rid of old governments, but not really good at building new ones. I don’t think any other country has that skill, either,” said Gordon Adams, professor of foreign policy at American University and former Clintonista. “We can burn millions of dollars and lose thousands of American lives pretending we know how–but we don’t know how.”

And anyway: so what? As the real unemployment rate in the U.S. surpasses 20 percent and we sail off the cliff of fiscal oblivion, how can Obama justify spending hundreds of billions dollars more? To reduce unemployment in Afghan cities (while increasing it in the countryside, which depends on opium farming)? Even if Obama meets his metrics in Afghanistan, what’s in it for us?

In this Depression there’s still one gig with high job security: write a column for The New York Times that repeatedly gets everything wrong. Columnist David Brooks, one of the Dying Grey Lady’s resident neocons, agrees with Obama that seven years of bombing wedding parties isn’t enough. “This energetic and ambitious [Afghan troop surge] amid economic crisis and war weariness–says something profound about America’s DNA,” says he.

Maybe it does. Seventeen percent of Americans have German roots, more than any other ancestry group.

(Ted Rall, President of the Association of American Editorial Cartoonists, is author of the books “To Afghanistan and Back” and “Silk Road to Ruin.”)

COPYRIGHT 2009 TED RALL

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