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

 

Sovereignty

President Obama has warned Russia that invading a sovereign nation is a violation of international law that will not be tolerated. He has announced various economic and other sanctions. Clearly the United States would never have anything to do with anything like that.

SYNDICATED COLUMN: Ukraine Is Not a Revolution.

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Mainstream news outlets in the United States, whose politics are closely aligned with those of the U.S. government, frequently criticize mainstream media outlets in Russia, whose politics are closely aligned to those of the Russian government. Current example: recent events in Ukraine.

“Russian officials have been doing everything they can to make it clear that they don’t recognize the legitimacy of this current parliament or its right to form an interim government,” NPR’s Corey Flintoff reported February 26th. “The impression that ordinary Russians would get from [their] news coverage is really that the Ukrainian Revolution is very much a thing to be feared.”

Flintoff made fun of Russian Prime Minister Dmitry Medvedev, who called the overthrow of Ukrainian president Viktor Yanukovych “essentially the result of an armed mutiny.” Russian Interior Minister Sergey Lavrov said it was “an attempt at a coup d’état and to seize power by force.”

Yet American media insist on the R-word: revolution.

Here we go again.

In U.S. and Western media, both the Tahrir Square “people power” demonstrations that removed Hosni Mubarak and the military coup that imprisoned the democratically elected Mohammed Morsi are called Egyptian “revolutions.” So is the Benghazi-based insurgency that toppled Libya’s Col. Moammar Gaddafi. If the civil war in Syria leads to the downfall of President Bashar al-Assad — even if, like Gaddafi, he gets blown up by a U.S. drone or a NATO fighter jet — they’ll call that a revolution too.

But those weren’t/aren’t revolutions. A revolution is “a forcible overthrow of a government or social order in favor of a new system.”

A new system. Those are the key words.

Even if it occurs as the result of dramatic street violence, a change in leaders doesn’t mean there has been a revolution. If the system doesn’t change much, a revolution  has not taken place.

Egypt’s Tahrir Square was dramatic, an important event. But it wasn’t a revolution. This became evident last year, when General Abdel Fattah el-Sisi arrested and jailed President Morsi. If the 2011 Tahrir uprising against Mubarak had been a revolution, Sisi — a high-ranking officer who served most of his career under Mubarak — would not have been in the military at all, much less a figure powerful enough to stage a coup.

In a real revolution, the old system — all of its most important components — are replaced. Military leaders aren’t merely shuffled around or replaced; the army’s core mission and organizational structure are radically altered. It isn’t enough to rejigger boardrooms and change CEOs; the class structure itself — which defines every other role in society — is changed. (In China, for example, landlords went from a privileged class to impoverished pariahs after 1949.) Reforms don’t make a revolution. In a revolution, everything old gets trashed. Society starts from scratch.

The bar for whether a political change qualifies as a full-fledged revolution is extremely high.

And yeah, the definition matters. It matters a lot. Because revolution — capital-R, blood-in-the-streets, head-on-a-stick Revolution is by far the biggest threat to our system of corporate capitalism and the ruling classes who have been stealing almost every cent of the fortune we the people create with our hard work. If our business overlords convince us that revolution is something short of actually changing the system — in other words, getting rid of them — then they’re safe no matter what. Even if we protest, even if we turn violent, we will never truly emancipate ourselves.

Maybe they’ll pay higher taxes. For a little while. Until they bribe their way back out of them.

Until we destroy the 1%, stripping them of their money, power and social status, we will be their slaves. And that will never happen if we forget what revolution is.

Bearing in mind what revolution means, Ukraine comes nowhere close.

Consider this quote from Nicolai Petro, a politics professor at the University of Rhode Island, on Amy Goodman’s radio show:

“Yes, [Ukraine] is pretty much a classical coup, because under the current constitution the president may be—may resign or be impeached, but only after the case is reviewed by the Constitutional Court and then voted by a three-fourth majority of the Parliament. And then, either case, either the prime minister or the speaker of the Parliament must become the president. Instead, that’s not what happened at all. There was an extraordinary session of Parliament, after—it was held after most members were told there would be no session and many had left town. And then, under the chairmanship of the radical party, Svoboda, this rump Parliament declared that the president had self-removed himself from the presidency.”

Note the trappings of “legitimacy”: Constitutional Court, Parliament, preexisting political parties, laws created under the old regime.

Under a revolution, old institutions would be abolished. Anyone who had anything to do with them would be discredited, and possibly in danger of being executed. Parties, if there were any, would be new (unless they’d been operating clandestinely), with revolutionary politics and brand-new organizational structures. You certainly wouldn’t see old establishment figures like the recently released former prime minister, Yulia Tymoshenko (a leader of the “Orange Revolution” of 2004, which also wasn’t a revolution), seriously discussed as a potential new ruler.

Many Ukrainians know what revolution is — and they want one. “We need new people who can say no to the oligarchs, not just the old faces,” a 25-year-old economist told The New York Times. “The problem is that the old forces are trying to come back to take their old chairs,” said a shipping broker who waved a sign outside parliament that read: “Revolution, Not a Court Coup!”

U.S. reporters quote the would-be revolutionaries, but they can’t understand their meaning. After all, their country’s founding “revolution,” the American Revolution, was nothing of the sort. The elites became even more powerful. Slavery continued. Women still couldn’t vote. The poor and middle class didn’t gain power.

Just another coup.

(Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

Droning Questions

It has been reported that President Obama is watching a U.S. member of Al Qaeda and wants to kill him with drones. However, Obama’s new rules say he can’t use CIA drones, which are tracking the suspect, to assassinate U.S. citizens. What a conundrum! How to work around it? And why does he have to?

Terrorist Name Game

Al Qaeda has ejected a Syrian terrorist subsidiary. Which makes the Syrians exempt from attack by the United States. What to do?

Tricky Dick Meets the NSA

Even if you trust the Obama Administration with NSA programs that see everything we do online, drones that can blow us up and an executive order that allows the President to maintain a kill list of anyone he wants, anywhere he wants, they won’t always be in charge. How will you feel about those powers when someone like the paranoid Dick Nixon is in charge?

Studied the Constitution. Didn’t Like It.

While Americans were distracted over Christmas, Congress and Obama quietly passed the National Defense Authorization Act, which beefs up the President’s right to put anyone, including US citizens, on a Kill List or hold them indefinitely without trial or representation by a lawyer. There’s even a new unit to funnel NSA spy data to the Pentagon so it can target US citizens.

Spiritual Journeyman

President Obama works hard to maintain his spirituality. How does that square with his murdering?

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