Truthout is publishing chapter eight of my new book "War Is A Lie." I should explain where it fits in the overall argument I've made. The book strives to make a comprehensive case against the very idea that there can ever be a good or just war, any more than there can be a good slavery or a just rape. While Americans often turn against particular wars after cheering for them, many people maintain the fantasy that there could be a really good or necessary war next month. This delusion helps to keep around what President Eisenhower 50 years ago this week called the military-industrial complex, which is itself a large source of pressure for more wars.
The candidate supported by progressives - President Obama - himself holds heinous views on a slew of critical issues and himself has done heinous things with the power he has been vested. He has slaughtered civilians - Muslim children by the dozens - not once or twice, but continuously in numerous nations with drones, cluster bombs and other forms of attack. He has sought to overturn a global ban on cluster bombs. He has institutionalized the power of Presidents - in secret and with no checks - to target American citizens for assassination-by-CIA, far from any battlefield. He has waged an unprecedented war against whistleblowers, the protection of which was once a liberal shibboleth. He rendered permanently irrelevant the War Powers Resolution, a crown jewel in the list of post-Vietnam liberal accomplishments, and thus enshrined the power of Presidents to wage war even in the face of a Congressional vote against it. His obsession with secrecy is so extreme that it has become darkly laughable in its manifestations, and he even worked to amend the Freedom of Information Act (another crown jewel of liberal legislative successes) when compliance became inconvenient.
Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush's most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called a "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees have won 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention.
Immediately following Boumediene, the Bush administration argued that the decision was inapplicable to detainees at Bagram -- including even those detained outside of Afghanistan but then flown to Afghanistan to be imprisoned. Amazingly, the Bush DOJ -- in a lawsuit brought by Bagram detainees seeking habeas review of their detention -- contended that if they abduct someone and ship them to Guantanamo, then that person (under Boumediene) has the right to a habeas hearing, but if they instead ship them to Bagram, then the detainee has no rights of any kind. In other words, the detainee's Constitutional rights depends on where the Government decides to drop them off to be encaged. One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers "told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush's legal team."
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All of those views -- Democratic Party orthodoxy a mere three years ago -- have become relegated to the fringe under the Obama presidency by virtue of the President's adoption of what were once purely GOP/right-wing positions. But it's worth recalling that they were indeed the backbone of the Democrats' once-vigorous opposition (at least in rhetoric) to the Bush/Cheney worldview of using war and battlefield theories to fight Terrorism and to erode core Constitutional and civil liberties.
Two weeks after the U.S. killed American citizen Anwar Awlaki with a drone strike in Yemen - far from any battlefield and with no due process - it did the same to his 16-year-old son, Abdulrahman al-Awlaki, ending the teenager's life on Friday along with his 17-year-old cousin and seven other people. News reports, based on government sources, originally claimed that Awlaki's son was 21 years old and an Al Qaeda fighter (needless to say, as Terrorist often means: "anyone killed by the U.S."), but a birth certificate published by The Washington Post proved that he was born only 16 years ago in Denver. As The New Yorker's Amy Davidson wrote: "Looking at his birth certificate, one wonders what those assertions say either about the the quality of the government's evidence - or the honesty of its claims - and about our own capacity for self-deception." The boy's grandfather said that he and his cousin were at a barbecue and preparing to eat when the U.S. attacked them by air and ended their lives. There are two points worth making about this: