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Sincerely Yours: Another Legal Triumph for the Obama-Yoo Administration

Chris Floyd

June 17, 2010

James Bovard at Antiwar.com points out one of the more egregiously sick-making of the many atrocious "arguments" employed by Barack Obama in his successful effort to block the efforts of Maher Arar to seek justice for his unjust rendition and proxy torture in the Great War of Global Terror.

Obama bade his legal henchmen -- his own personal John Yoos, as it were -- to tell the Supreme Court that it should kill the Canadian citizen's case seeking compensation for his unlawful arrest by U.S. officials, who then rendered him not unto Caesar but to the untender mercies of Syria's torture cells. The Robed Ones agreed, dismissing, without comment, Arar's appeal of a lower court ruling that quashed his case -- a decision that Scott Horton rightly likened last year to the Dred Scott case, which upheld the legality of slavery, even in states which prohibited it.

The Arar ruling upholds the "legality" of a new, universal form of slavery, i.e., the United States government can deprive anyone in the world of their freedom, and dispose of their bodies as it sees fit: torture, "indefinite detention," or even "targeted assassination." The fact that it is a man of partly African descent who is now outstripping the Southern slavers in this extension of servitude to the entire world is one of those poisonously bitter ironies with which history abounds.

But grim and depraved as Obama's position is, it is not without its comic elements. As Bovard notes, one of the "arguments" offered by the Obama/Yoo administration was that the case should be dismissed because it might call into question "the motives and sincerity of the United States officials who concluded that petitioner could be removed to Syria." We kid, as they say, you not.

So now cases of monstrous and criminal actions by agents of the United States government cannot be heard in court, because this might impugn the "sincerity" of the officials involved. And after all, as we all know, it is the inner feelings of government officials that are all important in determining the legality -- and morality -- of their actions. That is why the murder of more than a million Iraqis in an act of naked military aggression is not a war crime; it is, at the very worst, just a "tragic blunder," a misdirected excess of good intentions gone awry. Because we meant well, didn't we? We always mean well.

Even those Southern slavers were "sincere" in their belief that keeping people of African descent in servitude was the "right" thing to do. It's too bad that Barack Obama was not around in those days to stick up for them and ensure that their "motives and sincerity" could not be questioned. Heaven forefend that the delicate sensibilities of slavers, renditioners, torturers and assassins should ever be exposed to public scrutiny! 

So Arar's American case is now dead. (The Canadians long ago 'fessed up -- and paid up -- for their role in his torment.) But its implications live on. As I noted in my first article on the Arar case, back in December 2003:

... Arar's case is not extraordinary. In the past two years, the Bushist organs have "rendered" thousands of detainees, without charges, hearings or the need to produce any evidence whatsoever, into the hands of regimes which the U.S. government itself denounces for the widespread use of torture. Apparatchiks of the organs make no secret of the practice -- or of their knowledge that the "rendered" will indeed be beaten, burned, drugged, raped, even killed. "I do it with my eyes open," one renderer told the Washington Post. Detainees -- including lifelong American residents -- have been snatched from the homes, businesses, schools, from streets and airports, and sent to torture pits like Syria, Morocco, Egypt, Jordan -- even the stateless chaos of Somalia, where Ashcroft simply dumped more than 30 Somali-Americans last year, without charges, without evidence, without counsel, and with no visible means of support, as the London Times reports.

But this is not the scandal we were speaking of.

Of course, the American organs needn't rely exclusively on foreigners for torture anymore. Under the enlightened leadership of Ashcroft, Bush, Donald Rumsfeld and other upstanding Christian statesmen, America has now established its own centers for what the organs call "operational flexibility." These include bases in Bagram, Afghanistan and Diego Garcia, the Indian Ocean island that was forcibly depopulated in the 1960s to make way for a U.S. military installation. Here, the CIA runs secret interrogation units that are even more restricted than the American concentration camp on Guantanamo Bay. Detainees -- again, held without charges or evidentiary requirements -- are "softened up" by beatings at the hands of military police and Special Forces troops before being subjected to "stress and duress" techniques: sleep deprivation (officially condemned as a torture method by the U.S. government), physical and psychological disorientation, withholding of medical treatment, etc. When beatings and "duress" don't work, detainees are then "packaged" -- hooded, gagged, bound to stretchers with duct tape -- and "rendered" into less dainty hands elsewhere.

But this is not the scandal we were speaking of.

Not content with capture and torture, the organs have been given presidential authority to carry out raids and kill "suspected terrorists" (including Americans) on their own volition -- without oversight, without charges, without evidence -- anywhere in the world, including on American soil. In addition to this general license to kill, Bush has claimed the power to designate anyone he pleases "an enemy combatant" and have them "rendered" into the hands of the organs or simply killed at his express order -- without charges, without evidence, with no judicial or legislative oversight whatsoever. The life of every American citizen -- indeed, every person on earth -- is now at the disposal of his arbitrary whim. Never in history has an individual claimed such universal power -- and had the force to back it up.

But this is not the scandal we were speaking of.

All of the above facts -- each of them manifest violations of international law and/or the U.S. Constitution -- have been cheerfully attested to, for years now, by the organs' own apparatchiks, in the Post, the NY Times, Newsweek, the Guardian, the Economist and other high-profile, mainstream publications. The stories appear -- then they disappear. There is no reaction. No outcry in Congress or the courts -- the supposed guardians of the people's rights -- beyond a few wan calls for more formality in the concentration camp processing or judicial "warrants" for torture. And among the great mass of "the people" itself, there is -- nothing. Silence. Inattention. Acquiescence. State terrorism -- lawless seizure, filthy torture, official murder -- is simply accepted, a part of "normal life," as in Nazi Germany or Stalin's empire, where "decent people" with "nothing to hide" approved and applauded the work of the "organs" in "defending national security."

This is the scandal, this is the nation's festering shame. This acquiescence to state terror will breed -- and attract -- a thousand evils for every one it supposedly prevents. 


And please note: none of this has changed. None of it. These crimeful, brutal abuses of power are becoming more thoroughly entrenched under the rule of the progressive Peace laureate now in the White House. What Bush did with winks and nods, Obama is openly championing, expanding and codifying into law. And these deeply sincere evils will keep reverberating, in ways that we can not even imagine, far into the lives of our children and grandchildren, and for generations beyond.

UPDATE: Scott Horton has much more on the latest ruling in the Arar case.



:: Article nr. 67127 sent on 17-jun-2010 17:50 ECT

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