Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, December 15, 2005

Torture: The White House blinked

The Grand Jury continues its work.

The Americans decided to follow the rules – and pass a law saying they will abide by the treaties. How quaint.

It is curious the laws of the land and treaties – through Article VI of the American Constitution – was an insufficient catalyst for civility and discipline.

The catalyst wasn’t the law, nor morality.

The reason had nothing to do with the American leadership’s concern for the views of the American population.

The wake up call had nothing to with potential consequences to their nation, nor the Constitution.

Rather, the catalyst for action was from without – the lawful retaliation by others against things American leaders value – their personal safety, their liberty – the very things they value, as private citizens – but take for granted as leaders.

American leadership wears two hats – that hat of tyranny to abuse – the hat of private citizen to avoid accountability.

Justice – and, if needed, lawful use of force – denies a tyrant of all, not just his crown.

* * *

The truth: The McCain Amendment is meaningless -- the government gets to decide if someone was unreasonablly following an illegal order. The Government won't find one of their own did soemthing that stemmed from an illegal Presidential order. Yoo Doctrine:
"All Presidential actions are lawful in times of war. Just don't ask us whether the war is lawful; or whether the orders are consistent with our treaties or the Constitution."

Here's more on the signing via Conyers: How the Amendment was gutted.

* * *

The United States is already a signatory to the Convention Against Torture.

The American laws – and potential for judicial oversight at Guantanamo – remains the catalyst to conceal detention centers in Eastern Europe.

* * *

It remains to be understood whether the law, as enacted, is enforced; or what loopholes there are.

* * *

The Americans are not one to assent to the rule of law freely. In this case, let it be a reminder to the world and American citizens – the leadership was willing to bargain with your personal safety, and embark on a lawless, reckless path.

The only thing stopping them, and which finally woke them up, was the rude realization:
  • A. The continued conduct would lawfully permit others to ignore the similarly ignored standards; and

  • B. The lawless conduct abroad would lawfully expose their personal wealth, safety, and families to lawful retaliation

    The law meant nothing. The rule of law was meaningless. And the notion of right and wrong was of no consequence.

    The catalyst for the action wasn’t a noble principle, or a guiding sprit of freedom, but the real, imminent, and catastrophic loss of power.

    * * *

    The American leadership has shown they value something more than the Constitution, freedom, principles, or security for their own population.

    Their lust for power – and real loss of that power – is more of a threat than anything.

    Leaders, such as these, who refuse to assent to the rule of law and ignore rights, no longer have fulfilled their obligations.

    A leader which refuses to protect another’s rights admits that the leader is unfit to be trusted with the power to protect those rights.

    * * *

    Let it be known through the world – it is not the principle of freedom, democracy, or the rule of law which is the guiding light for Americans. The real catalyst has nothing to do with what is right or wrong.

    Americans have shown they are miserable creatures. The only catalyst to do what must be done was not the credible threat of more litigation, but open, lawful combat to engage in the same abuses – in America’s heartland.

    Americans have shown disdain for the rule of law and laws of war. It was only when they were reminded that if they continue to violate the laws of war – ignoring the treaties defining acceptable conduct – that they would subject their homeland to lawful retaliation – it was only then that they assented to the rule of law.

    * * *

    When Americans speak of compassion, rights, or civility – know it is not by choice, nor is it because of a superior ability to contact God.

    Americans do not have the moral high ground. They do not recognize morality.

    Americans only recognize one thing – force.

    Americans only assented to the rule of law when it was clear the world was willing to lawfully retaliate against Americans for their continued disregard of norms of civility.

    * * *

    The American leadership has little regard for the American citizens – those demonstrating on the streets – speaking out about what was right or wrong.

    The American leadership shows they have no regard for the laws and treaties and oaths to which they are bound.

    The American leadership argued in their own mind – the leadership was justified to ignore the laws of war, and engage in abuse.

    Then, they realized they had gone to far. The world was in a position to do something. And there was nothing the American leadership could do to stop them.

    Having squandered American military power, leaving it exhausted – the world no longer blindly groveled to the hollow threats.

    The risk for America’s leadership wasn’t that the domestic population may or may not have done something.

    Rather, it was the world’s lawful reaction – what ever that might be – to no longer assent to a bully, and freely join together to assert their power and collective will against the Americans who have for many years refused to freely assent to their obligations.

    Their assent was with hollow words, not lawful action.

    The American tyrant’s claims about others – apply to American leadership.

    * * *

    The American leadership may choose to congratulate themselves – naively thinking they have survived another crisis.

    But the world – and the American citizenry now knows – this leadership has no intention of freely assenting to the rule of law or doing what is morally required – unless there is the real threat of lawful sanctions for failing to do so.

    Either at home or – of if ignored – from abroad.

    However much they might argue or believe otherwise -- lawful, swift, and serious sanctions forever remain a looming option.

    * * *

    The American public should remember – your leadership shows no regard for the laws of your land, nor is it willing to freely be bound by the Constitution or standards of civility – unless there is a credible threat of lawful consequences for them failing to do so.

    Recall this lesson when you ask Americans a question and await their answer. In their world, if there are no immediate, meaningful, and severe consequences for doing what is morally wrong – lying, misleading, destroying, betraying – they look at that as a green light to do just that, while pretending otherwise.

    Do not be fooled. Before one whisper is given serious consideration, let them lay their hand on the bible with the threat of loss of all they cherish.

    Americans know and respond only to one thing – the lawful threat of compelling, immediate, and severe sanctions for them crossing the line.

    Where there are no credible, immediate, and clear threats of lawful sanctions for misconduct – Americans view that as a green light to engage in what is morally unacceptable.

    Americans view anything – not attached to consequences – as permissible.

    Americans, before they are to be believed, must have attached to their word meaningful sanctions for falsehoods.

    Notice their silence.

    They refuse to provide their assurances in writing under penalty of perjury.

    All the more reason to doubt their motives.

    And this, alone, should be the catalyst for more questions – the same catalyst the Americans used to justify torture, abuse, and silence – silence.

    American leadership must always be closely monitored and forever face the consequences of quick, immediate, swift, and lawful sanctions for their failure to remain within their lane.

    * * *

    The American leadership is not to be trusted. And this is why the laws of the land exist – to compel the leader to assent to the will of the people, and do what must be done to remain civil.

    Yet, this leadership has consistently demonstrated it will not assent to the rule of law unless compelled – or lawfully threatened with credible consequences – through the use of lawful force.

    * * *

    American citizens should always remember – it was not your voice that caused your leadership to respond. It was your consistent threat to stand by – watching with callous disregard -- as your leadership suffered the full consequences of their failures to assent to the rule of law:

  • Grand Jury investigations

  • Intrusion upon their affairs

  • Destruction of personal privacy

  • Continued threats of lawful retaliation by the enemy abroad

    A nation which freely chooses to violate the laws of war – sending un-uniformed volunteers to engage in abuse – lawfully subjects itself to lawful retaliation on others similarly situated – the defenseless civilian population.

    When a government shows it is no longer willing to respect the rights of the people, that government no longer demonstrates it has fulfilled its obligations warranting continued access to -- and use of -- power.

    American leadership freely chooses to assert it can do what it wants, unless they are slapped with lawful sanctions and lawful retaliation for having violated the laws of war.

    * * *

    The law was and remains clear, as was their oath – but the Americans continued to cross the line.

    The accountability for flawed decisions rests with those who lead. Yet, this leadership continues to engage in the foolhardy argument that the intelligence was wrong.

    No, the leadership was wrong. The intelligence – which they ignored, fabricated, twisted – was self-evidently flawed by their own choosing.

    The analysts were correct – there was insufficient evidence to justify a lawful war – there was no imminent threat from abroad.

    The imminent threat – to America’s way of life and Constitution – remains from the White House, as the founders warned.

    * * *

    The American leadership is fractured. It no longer is centrally controlled by mindlessness.

    Rather, the rule of law – and lawful consequences for violation that law – ring again.

    The catalyst to assent to the rule of law was not from America or the Constitution rather, American leadership saw the consequences, incapable of prevailing.

    Make no mistake – the gathering momentum remains prepared to:

  • Lawfully impose sanctions – even trial, with punishment by death for war cries -- on specific individuals who violate the laws of war;

  • Lawfully retaliate against a civilian population whose leadership guides them to engage in violations of the laws of war, abuse, or misconduct; and

  • Lawfully intervene and provide the discipline and leadership to compel assent to the rule of law and treaties.

    Remember – American leadership, left to their own devices, was unwilling to:

  • Do the right thing

  • Assent to treaties

  • Wage lawful war

  • Respect human rights

  • Respect your bill of rights

  • Honor your life, liberty, or happiness

  • Preserve, protect, and defend the Constitution

  • Let you live and travel free from unreasonable searches and seizures

    * * *

    What must be done is to inflict the lawful retribution on those individuals in the American government who have allowed this to occur.

    There must be open fact finding. There must be a willingness to bring the evidence before the court.

    There must be a showing of what was done.

    Then compare that evidence – of that conduct – to the rule of law.

    If America is unwilling to do that, the same forces remains ready to compel action with lawful force.

    * * *

    It is time to get answers, not excuses.

    The Congressional Committees need to account – what has been going on with Phase II with the Investigation into the WMD Issue.

    It is curious, despite the games from the Senate, that the British Parliament and others in the European Commission make progress, find answers, and dare to ask questions.

    One would think if there were no problems, no one in Europe could gather evidence. Yet, they make progress as Americans show they are unwilling to timely find facts.

    American leadership has shown they are not willing to assent to the rule of law – or find answers.

    They have shown they are unwilling to meet their obligations. Bluntly, it appears they have violated their oaths, not preserved the Constitution, and have been reluctant to respond to reasonable inquiry.

    The treaties we have are clear – we shall not engage in abuse. The treaty is clear. We have the Convention Against Torture.

    It is time to find out what is, or has been happening in Eastern Europe.

  • How many American personnel – trained in America’s military – are out of uniform, but waging warlike acts against people who have simply been accused of wrong doing?

  • How many American citizens – never charged – remain detained by the American government?

    This conduct is devoid of legal foundation.

    * * *

    The American Constitution is alive and well. When the American leadership fails to assent to that document – and wages unlawful war or acts of abuse around the globe – the citizens of the world are allowed – indeed invited – to lawfully ignore the same rules the American leadership has ignored.

    Where the powerful freely choose to turn a blind eye to lawlessness – the law permits those abused to lawfully take the other eye.

    America’s leadership is blind to it’s failings.

    For many years it has been given a green light to do what it likes.

    Those days are over.

    * * *

    The American leadership – those who knew, were informed, and failed to act – must be compelled to appear before the court of law.

    We need to hold a war crimes trial. To find out what happened, present the evidence, and hold this leadership to account:

  • For the abuse inflicted

  • For the failed leadership

  • For the reckless handling of the war

  • For the conduct contrary to the laws of war

  • For the invasions where there existed no imminent threat

  • For rewriting history when the facts did not support continued lawlessness.

    The list, apparently is endless. But capable prosecutors, as we saw at Nuremburg, are adept at finding facts, gathering evidence, and brining charges.

    The issue remains – whether the American leadership will freely choose to assent to this court – or be compelled by the force of lawful intervention to assent to the rule of law.

    Either way, regardless what the American l leadership does, the rule of law shall prevail.

    America will be forced to be civilized – either through the threat of lawful retaliation – or by a simple refusal by its civilian population to continue to assent to recognizing the powers that will not respect their rights.

    * * *

    If the American leadership doubts the rule of law – know there will be many who do not shed a tear the day, the hour, and the second that your families face lawful retaliation for your failure to compel your unlawful warriors to assent to the rule of law.

    They remain ready to act without regard for the laws which you ignore.

    There will be no sympathy for these within the CIA whose livelihoods are at risk – they chose to believe that abuse and misconduct was permitted – there is no protection.

    Nor will there be any sympathy if the civilian leadership is lawfully – through a lawful war crimes trial – put to death, or your livelihoods, trusts, and prosperity is scattered to the winds.

    We await the verdict of the court to make a finding whether the lawful verdict of death is prudent.

    You freely chose your positions. Nobody forced you to be a leader. Nor did anyone have a gun to your head compelling you to lead this nation to lawlessness.

    But you chose to ignore the laws of war – freely chose to provide misleading information to Congress – and, without imminent threat, have squandered American lives, wealth, and prestige long fought for by warriors who dared to put their lives on the line and stand for something called the American Constitution.

    You – the American leadership – have brought discredit upon yourselves, your families, your profession, and your way of life. Nothing you have done has demonstrated that you are willing to assent to your oath of office – nor have you demonstrated your commitment to preserve, protect, and defend your Constitution.

    Now, it is judgment time. The very document which you rely on for your protections – will now be your only defense.

    May you suffer – as others have under your scornful watch, but which you have denied them access to – the full wrath of the judicial system – the complexities of the opposition – and full weight of justice.

    * * *

    Yes, there is only one check on power – and that is the lawful use of power to destroy tyrants.

    That – Americans – is the only thing keeping you free – the lawful use of force to compel your leadership to assent to the rule of law, or face consequences that are immediate, swift, and personal.

    Either way, whether by free choice, or the threat of lawful force – American leadership has shown the world once again that the Constitution, however it may be ignored, will ultimately triumph over tyranny.

    * * *

    Perhaps there is some question whether the rule of law – and sanctions for its violations – is real.

    Please, American leadership – continue unchanged -- provide more evidence of your recklessness.

    You are freely invited to – by your own choosing, if that is what you desire – to continue to ignore the American Constitution. May you continue to water down protections. May you freely choose on your own volition to ignore the rights of those who have assented to your power.

    The mounting evidence would provide a fine harvest for the Fitzgerald Grand Jury.

    Know – your days are numbered.

    American leadership – if you choose to deny the citizenry access to courts to amicably bring these disputes to resolution – then you demonstrate for the world – that you desire only one option to mandate your assent to the rule of law – swift, immediate, and lawful brute force in open combat.

    This free citizenry -- however naïve you might think they are – are ably led by warriors willing to fight and defeat you in the only arena you self-evidently recognize – lawful, open battle.

    * * *

    Today, the American tyrant blinked for one reason – he was shown the potential devastating consequences of lawful retaliation should he continue to ignore the laws of war.

    This tyrant blinked. He knows his days are numbered.

    He blinked – a clear signal he shall soon lawfully be defeated in the next battle – the court room.

    May Justice – for lawful retribution for this tyrant’s disregard to the rule of law – show the same – no mercy.