Thursday 28th of November 2024

hope fades .....

hope fades .....

It sounds like the plot for the latest summer horror movie. Imagine, for a moment, that George W. Bush had been allowed a third term as president, had run and had won or stolen it, and that we were all now living (and dying) through it. With the Democrats in control of Congress but Bush still in the Oval Office, the media would certainly be talking endlessly about a mandate for bipartisanship and the importance of taking into account the concerns of Republicans. Can't you just picture it?

There's Dubya now, still rewriting laws via signing statements. Still creating and destroying laws with executive orders. And still violating laws at his whim. Imagine Bush continuing his policy of extraordinary rendition, sending prisoners off to other countries with grim interrogation reputations to be held and tortured. I can even picture him formalizing his policy of preventive detention, sprucing it up with some "due process" even as he permanently removes habeas corpus from our culture.

I picture this demonic president still swearing he doesn't torture, still insisting that he wants to close Guantanamo, but assuring his subordinates that the commander-in-chief has the power to torture "if needed," and maintaining a prison at Bagram Air Base in Afghanistan that makes Guantanamo look like summer camp. I can imagine him continuing to keep secret his warrantless spying programs while protecting the corporations and government officials involved.

If Bush were in his third term, we would already have seen him propose, yet again, the largest military budget in the history of the world. We might well have seen him pretend he was including war funding in the standard budget, and then claim that one final supplemental war budget was still needed, immediately after which he would surely announce that yet another war supplemental bill would be needed down the road. And of course, he would have held onto his Secretary of Defense from his second term, Robert Gates, to run the Pentagon, keep our ongoing wars rolling along, and oversee the better part of our public budget.

Now, here's the funny part. This dark fantasy of a third Bush term is also an accurate portrait of Obama's first term to date. In following Bush, Obama was given the opportunity either to restore the rule of law and the balance of powers or to firmly establish in place what were otherwise aberrant abuses of power. Thus far, President Obama has, in all the areas mentioned above, chosen the latter course. Everything described, from the continuation of crimes to the efforts to hide them away, from the corruption of corporate power to the assertion of the executive power to legislate, is Obama's presidency in its first seven months.

http://www.tomdispatch.com/post/175109/david_swanson_the_more_things_change

home to roost .....

Former US president George Bush's top law enforcer John Ashcroft could be sued and held personally responsible for the wrongful detention of a US "terror" witness, a federal court of appeals said.

Placing responsibility on the shoulders of US officials in the Bush administration, and specifically Ashcroft, who was attorney general at the time, the judge at the ninth circuit court of appeals in Boise, Idaho ruled on Friday in favour of Abdullah al-Kidd, an American citizen who brought the complaint.

The "aggressive detention of lawbreakers and material witnesses is vital to preventing, disrupting or delaying new attacks," Ashcroft said at the time, in a statement quoted in court.

Judge Milan Smith, writing for the court's majority decisions, said that those who wrote the US Constitution "would have disapproved of the arrest, detention, and harsh confinement of a United States citizen as a 'material witness' under the circumstances, and for the immediate purpose alleged..."

"Sadly," Smith wrote, "some confidently assert that the government has the power to arrest and detain or restrict American citizens for months on end, in sometimes primitive conditions."

In such circumstances, he wrote, such powers were used "not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or to prevent them from having contact with others in the outside world."

http://www.smh.com.au/world/john-ashcroft-can-be-sued-for-wrongful-detention-20090905-fbzv.html