BUSH WATCH...ERNEST PARTRIDGE
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity...
And what rough beast, its hour come round at last,
Slouches towards Bethlehem to be born?W. B. Yeats
Like Shakespeare's Brutus, I am sick of many griefs.
An incurious, narcissistic psychopath sits in the Oval Office ' an office he did not legitimately win four years ago ' an office that he may have seized last month through massive, many-faceted electoral manipulation and fraud.
Forty million of our citizens are without health insurance, one out of six American children live in poverty, uncounted millions are out of work as still more jobs are exported overseas. The median family income declines as the nation's wealth continues to 'percolate up' from the pockets of the needy and the productive middle class to the wealthy.
The list of horrors continues: the environment ravished, our natural heritage sold off, education starved of funding, our civil liberties casually violated as if the Bill of Rights had never been ratified, scientific expertise and research set aside in favor of dogma, both religious and secular.
Meanwhile, the voice of dissent is banished from the mainstream media and retreats to the universities and the internet. And how long dissent will be tolerated in these refuges of unfettered thought is anyone's guess.
Throughout all this, the American public sits misinformed, stunned, bewildered, and passive.
And yet, in this winter of my discontent, all this is secondary in my heart and soul.
Above all else, I grieve for the devastation that we have brought upon an unthreatening sovereign country, Iraq. I grieve for the innocent lives lost, the innocent bodies mutilated, the devastating losses visited upon the survivors.
Not a day goes by that I am not haunted by the lamentations of the Baghdad bloggers, 'River' and 'Salam Pax,.' and the images of the humiliated prisoners at Abu Ghraib. And above all, I am haunted by the faces of the beautiful dark-eyed children of Iraq ' those vibrantly alive, and those broken in brutal death. All this provokes in me a grief and a despair beyond words.
Why has my government brought this devastation upon the people of Iraq? Not to disarm the weapons of mass destruction, for we now know that there were none. Not to break up an alliance with terrorists, for it was known all along that Saddam Hussein and Osama bin Laden were sworn enemies. The entire justification for war that Colin Powell presented to the United Nations in February, 2003, we have now learned, was a tissue of lies.
And yet the slaughter continues.
One Hundred Thousand innocent dead. Can one comprehend that multitude? Think of the Rose Bowl, filled to its capacity of 90,000. Then think of everyone therein, killed, one by one, for no justifiable reason.
But to imagine a sea of faces is to imagine an abstraction. Reflect, if you can bear it, upon the particular victims.
In a remote village near the Syrian border, a wedding feast had just finished, as the new bride and groom were led to their marriage tent for the night."The bombing started at 3am," [said a sister-in-law of the groom] from her bed in the emergency ward at Ramadi general hospital, 60 miles west of Baghdad. "We went out of the house and the American soldiers started to shoot us. They were shooting low on the ground and targeting us one by one," she said. She ran with her youngest child in her arms and her two young boys, Ali and Hamza, close behind. As she crossed the fields a shell exploded close to her, fracturing her legs and knocking her to the ground.
She lay there and a second round hit her on the right arm. By then her two boys lay dead. "I left them because they were dead," she said. One, she saw, had been decapitated by a shell...
By the time the sun rose on Wednesday over the Rakat family house, the raid had claimed 42 lives...
Among the dead were 27 members of the extended Rakat family, their wedding guests and even the band of musicians hired to play at the ceremony... 11 of the dead were women and 14 were children. (McCarthy)The words of Walt Whitman resound in my mind and torture my conscience:
Beat! beat! drums! - blow! bugles! blow!
Through the windows - through doors - burst like a ruthless force,
Into the solemn church, and scatter the congregation,
Into the school where the scholar is studying;
Leave not the bridegroom quiet -
no happiness must he have now with his bride,
Nor the peaceful farmer any peace,
ploughing his field or gathering his grain,
So fierce you whirr and pound you drums - so shrill you bugles blow.
A Baghdad family encounters an American checkpoint:The family of 17 had packed into its 1974 Land Rover wearing their best clothes for the trip through the American lines "to look American". But at the next checkpoint, the American soldiers opened fire....
[The father] said 11 members of his family were killed - his daughters aged two and five, his son aged three, his parents, two older brothers, their wives and two nieces aged 12 and 15.
His wife Lamea, who is nine months pregnant, said she saw her children die. "I saw the heads of my two little girls come off," 36-year-old Lamea said. "My girls, I watched their heads come off their bodies. My son is dead." (Ananova)
At a house in Baghdad. The father laments the loss of his daughter:
"A shell came down into the room as she was standing by the dressing-table," Najem says. "My daughter had just completed her PhD in Psychology and was waiting for her first job. She was born in 1970. She was 33. She was very clever.
"Everyone said I have a fabulous daughter. She spent all her time studying. Her head buried in books. She didn't have a care about going out enjoying herself. My other daughter [Alia] is the same. She has a Master's degree in English and teaches at the university. Me? I'm just a lorry driver. A simple man." ...
"I don't know what humanity Bush is calling for," [Alia] says in English, "Is this the humanity which lost my sister?' (Antonowicz)Beat! beat! drums! - blow! bugles! blow!
Over the traffic of cities - over the rumble of wheels in the streets;
Are beds prepared for sleepers at night in the houses?
no sleepers must sleep in those beds,
No bargainers` bargains by day -
no brokers or speculators-would they continue?
Would the talkers be taking? would the singer attempt to sing?
Would the lawyer rise in the court to state his case before the judge?
Then rattle quicker, heavier drums - you bugles wilder blow.
In his new book, The Fall of Baghdad, Jon Lee Anderson recalls the time he visited a hospital, and looked upon the body of a child, the victim of American bombing.Before the cloth covered her, I saw that the girl was covered in blood. Her brother looked as though he were sleeping. But they both were dead. Their mother was there, beside herself with grief. She was the woman I had heard wailing and hitting the walls. Then almost all the onlookers around the mother, including the doctors and nurses, broke down and cried. I was overcome and went outside and sat down. I wept. The children's father was sitting a few feet away from me, disconsolately sobbing into his arms. (Hedges)
Beat! beat! drums! - blow! bugles! blow!
Make no parley - stop for no expostulation,
Mind not the timid - mind not the weeper or prayer,
Mind not the old man beseeching the young man,
Let not the child`s voice be heard, nor the mother`s entreaties,
Make even the trestles to shake the dead
where they lie awaiting the hearses,
So strong you thump O terrible drums - so loud you bugles blow.Pause for a moment and contemplate the inconsolable grief caused by the needless death of one of these innocents. Now multiply that grief by one hundred thousand.
One hundred thousand dead, two thousand more in Falluja, 'the city of mosques.' One-hundred and fifty thousand American soldiers wrenched from their families and their careers, ordered to become instruments of this atrocity. 1,272 dead, returning in 'transfer tubes,' unmourned by their 'Commander in Chief.' 18,000 more horribly mutilated. An uncounted more, emotionally crippled for life with post-traumatic stress disorders.
And for what? Not to find and disarm WMDs. Not to combat 'terrorism.' Do we cause this mayhem to impose upon the Iraqis our brand of 'democracy,' even though the Iraqis emphatically tell us, with polls and with bullets, they do not want our kind of 'democracy'?
By what mandate of heaven, earth, 'the invisible hand of the market,' or whatever else, do we claim the privilege of wasting these precious lives ' lives, if we affirm our founding Declaration, that are created equal to our own?
What pluperfect arrogance leads us to proclaim that our 'way of life' is, for all peoples at all times, the best and the only way ' that we know, better than the Iraqis themselves, the economic system and the political structure that is best for Iraq? How dare we impose this politico-economy order upon them 'for their own good,' whether they want it or not, and then call it 'democracy'? Why must we resolve to fight for this imposition of an alien ideology to the last drop of Iraqi blood?
This war was a horrible mistake. What American soldier, what innocent Iraqi citizen, will be the last to die for this mistake?
The voices of the quick and the dead cry out: Stop! In the name of all that is holy, humane and compassionate ' stop immediately! Let there be no more dead and crippled children. Let there be no more grieving parents. Let not another soldier's blood be spilled in behalf of a fool's errand. Let not another patriot's blood be spilled defending his country against the invader.
Yet we do not stop. We seem to be locked into a course leading to straight to disaster for Iraq and for the United States as well. Once admired, we are now despised throughout the world, as we are led by a man-child who is unmoved by reason and evidence, deaf to the advice of others, incapable both of considering alternative courses of action or of admitting error on his part.
Meanwhile, silently, gradually, but inexorably, the civilized world quarantines this madness as it forms alliances to counteract it. We alienate our foreign creditors and the suppliers of our essential resources ' nations which could, in alliance, bring ruin upon our rogue country without firing a shot.
Many wise and capable Americans are fully aware of the perils before us. But they are denied public office, or a voice in our media.
Where is our Mohandas Gandhi, our Nelson Mandella, our Andrei Sakharov, our Martin Luther King, who will lead us out of this moral quagmire? Who are the citizens who will follow?
The honor of the American republic has been besmirched by the usurpers and empire builders in Washington. And now, only the American people can restore the honor of the United States of America.
We can embrace that awesome responsibility with courage and resolve, or else we can lament, wait, and hope that 'someone else' will somehow set things straight. As we wait and hope, the oligarchs and theocrats will solidify their control, and the light of American liberty will flicker and die. Government of the people, by the people, and for the people truly 'shall not perish from the earth.' However, it will thrive elsewhere, as we relinquish it here forever.
Unless we act, now.
So write letters to Washington, your state capitol, and your local newspapers. Boycott the mainstream media and its sponsors, run for office, contribute to MoveOn and ACT. Meet with friends, make your views known, organize, demonstrate, raise Hell. At first it will all seem random, pointless, and unavailing. But be patient and be alert. Today, dissent is scattered and inchoate. But soon a movement will congeal and leaders will emerge with an agenda and a coordinated plan of resistance.
A generation ago, the American people put an end to an immoral war, and forced the resignation of another unworthy president.
We can do it again.
Ananova: "Survivors Describe Horror and Disbelief at US Checkpoint Shooting."
www.ananova.com/news/story/sm_766690.html
Anton Antonowicz: "The Saddest Story of All."
www.mirror.co.uk/news/allnews/page.cfm?objectid=12811861&method=full&siteid=50143
Chris Hedges: "On War," New York Review of Books. www.nybooks.com/articles/17630
Rory McCarthy: 'Wedding massacre survivors: 'US soldiers started to shoot us, one by one','
The Guardian, www.guardian.co.uk/Iraq/Story/0,2763,1221658,00.html
Copyright 2004, by Ernest Partridge
The dogmas of the quiet past, are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise -- with the occasion. As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country. Fellow-citizens, we cannot escape history. We ... will be remembered in spite of ourselves.... We shall nobly save, or meanly lose, the last best hope of earth... The way is plain, peaceful, generous, just -- a way which, if followed, the world will forever applaud, and God must forever bless. Abraham Lincoln
Gentlemen,
Rarely in the course of human events, does an opportunity fall upon a single individual to dramatically and favorably alter the course of history.
Each of you stands at that crossroad of history and each of you, in Abraham Lincoln's words, 'hold the power and bear the responsibility.'
Along with millions of our countrymen, I implore you to pause, to reflect, and then to follow the demands of your duty to your country and to its enduring principles: renounce your support of George Bush and his corrupt and incompetent administration, and join us in our determination to cleanse our body politic of greed and deliberate ignorance, and to restore the good name of the United States among the community of nations.
Either of you, and most certainly both of you together, can, by this act of conscience and authentic loyalty, bring an end to this administration and by so doing, rescue and renew our democracy.
Mr. Secretary: You, more than anyone in or out of public service, know of the international dishonor that the Bush Administration has brought upon the United States. Immediately after the attacks of September 11, 2001, governments and peoples throughout the world were united as they shared our grief and our outrage. 'Nous sommes tout Americaines,' declared France's Le Monde. And candles were lit in front of our embassies abroad.
Today, the world community is equally outraged by the United States' illegal war against a country that posed no danger to us ' a country completely contained by sanctions and UN inspections. In recent international polls the publics of ten of twelve leading industrial countries wanted Kerry to defeat Bush. (The exceptions were Israel and Russia). American diplomats, active and retired, have deplored the Bush foreign policy, and its effects upon our national reputation. 650 foreign affairs scholars and twenty-seven signatories of Diplomats and Military Commanders for Change, have demanded a radical change in American foreign policy. But of course, I need not tell you all this.
And Mr. Secretary, in the dutiful performance of your duties, you disgraced our country and yourself with the mendacious speech before the United Nations Security Council on February 5, 2003, spelling out the alleged justifications for the invasion of Iraq ' a speech which you now admit, and subsequent evidence has proven, was false from beginning to end.
Your reputation and that of our country could be partially restored by your immediate resignation and your timely disavowal of support of President Bush's reelection.
Senator McCain: Many of your friends and admirers are astonished at your continuing support of a man who has condoned and benefited from vicious attacks upon you, your wife, and your daughter. He also condoned false charges impugning the service, the courage, and the patriotism of your personal friend, John Kerry. To your great credit, you have defended Senator Kerry from these slanders. And yet, you continue to support George Bush's candidacy.
Your endorsement of Bush appears tepid and pro-forma, even though there is abundant reason for you to disavow that endorsement. So why do you continue your support? Loyalty to party? But the Republican party of today no longer embodies and promotes the principles and values of its past.
You, sir, are an authentic patriot and a genuine conservative. As a naval officer and as a Senator, you took an oath to defend the United States and its Constitution from all enemies foreign and domestic. Can you not see that the most serious threat to our Constitution now occupies the White House, as the Bush Administration willfully abrogates treaties, violates the legal rights of our fellow citizens as enumerated in the Fourth, Fifth, Sixth, Seventh, Eighth and Fourteenth Amendments to that Constitution?
'Conservatism,' according to Webster's dictionary, is 'the practice of preserving what is established; disposition to oppose change in established institutions and methods.' How then, can the Bush Administration in any sense be regarded as 'Conservative' in fact, regardless of how it chooses to label itself? It violates our established Constitutional civil liberties, promotes policies that invade our private and personal lives, it hides behind a veil of secrecy, it erodes the wall separating church and state, and as you know better than anyone, Senator McCain, it doesn't hesitate to slander and smear its political enemies and their families, if such behavior advances their political ends. 'Conservatism,' as I have come to understand the concept, entails fiscal discipline, adherence to established laws and treaties, a foreign policy that reflects 'a decent respect to the opinions of mankind," small government contained by the rule of law and constrained from interference in the private lives and personal consciences of the citizens. Thus it is no surprise that the American Conservative Magazine has withheld support of George Bush in this election.
Secretary Powell and Senator McCain: I daresay that if you were to put labels aside and take candid inventory of your moral and political ideals, of your aspirations for your country, and of your concern for the rights and well-being of your fellow citizens, that you would find yourselves far more in accord with Senator Kerry than with President Bush. After all, the Democratic Party of today has moved significantly to the right, and now occupies the political ground once held by Dwight Eisenhower, Nelson Rockefeller, and Richard Nixon. If so, what remains of your allegiance to the Republican Party but habit, personal associations, and the labels 'Republican' and 'Democrat.' After all, 'what's in a name'? And how much weight should mere labels bear, when measured against your fundamental moral ideals and political principles?
Gentlemen, like John Kerry, and unlike all of the senior members of the Bush Administration, you have faced combat and you know first-hand the horror and devastation of war. You have been called upon to write letters of condolence to the families of your fallen comrades. Unlike your Commander in Chief, you have seen fit to attend their funerals and acknowledge their sacrifice. You can comprehend the grief of the bereaved families, and the dreadful slaughter of the innocents in Iraq. And you, perhaps more than anyone, can this week help bring an early end to this madness.
Time is short, and within a week the levers of history will be taken from your hands. Act wisely, act decisively, and act promptly.
You will then earn the gratitude of your country and of the world, and your names will endure honorably in the still to be written pages of human history.Respectfully,
Ernest Partridge
Copyright 2004, by Ernest Partridge
by Ernest Partridge
On Monday, August 2, a federal crime was committed in plain view of millions of Americans and millions more abroad. A Pakistani intelligence mole, crucial in the 'war' against al Qaeda, was outed by an individual in the Bush Administration.
We know that this was a federal crime from the preceding (and still unsolved) Valerie Plame case. While the culprit is still unindicted, the fact that the 'outing' of a covert intelligence asset is a crime, is now known to all.
Today, more than a month later, the individual who blew the cover of the Pakistani double-agent has not been identified, much less arrested and indicted. And the story has disappeared from the media ' which is, arguably, the greatest outrage of all.
For those who have forgotten, here is a recapitulation of the crime.
On Sunday, August 1, Homeland Security Secretary Tom Ridge announced that due to 'new and unusually specific information,' he was raising the terrorist threat level from yellow ('elevated') to orange ('high'), thus bumping news of the just-completed Democratic convention off the front pages.
The 'targets' of the terrorists, we were told, were five specifically identified financial institutions in Washington and New York.
In retrospect, several intriguing questions arise: (1) If five specific buildings in two cities were targeted, why a nationwide alert? (2) Why any alert at all? Would it not have been better to warn only the occupants of the buildings, keeping the 'confidential' tip-off a secret, so as to entrap the terrorists?
As more information about the 'plot' emerged, the official version began to unravel. It turned out that the 'intelligence' was three to four years old, and that it had been gathered from the internet and other publicly available sources. In addition, there was no evidence of recent al Qaeda planning.
So we were asked to believe that all this old material was part of a three-year old plot scheduled precisely for early August, 2004, and directed to five specific buildings.
With official credibility hemorrhaging, emergency intervention was necessary. It arrived the very next day, on Monday, with the 'fresh information' that the data wasn't all that old, after all. As Reuters reported:The New York Times published a story on Monday saying U.S. officials had disclosed that a man arrested secretly in Pakistan was the source of the bulk of information leading to the security alerts. The newspaper named him as Khan, although it did not say how it had learned his name. U.S. officials subsequently confirmed the name to other news organizations on Monday morning. None of the reports mentioned that Khan was working under cover at the time, helping to catch al Qaeda suspects." (Juan Cole)
OOPS!
So there was the crime, as plain as the smirk on Dubya's face: the 'outing' of an intelligence asset.
This is serious stuff. How serious? Peter Graff of Reuters explains:The revelation that a mole within al Qaeda was exposed after Washington launched its "orange alert" this month has shocked security experts, who say the outing of the source may have set back the war on terror....
Reuters learned from Pakistani intelligence sources on Friday that computer expert Mohammad Naeem Noor Khan, arrested secretly in July, was working under cover to help the authorities track down al Qaeda militants in Britain and the United States when his name appeared in U.S. newspapers.
"The whole thing smacks of either incompetence or worse," said Tim Ripley, a security expert who writes for Jane's Defense publications. "You have to ask: what are they doing compromising a deep mole within al Qaeda, when it's so difficult to get these guys in there in the first place?"
"It goes against all the rules of counter-espionage, counter-terrorism, running agents and so forth.... Running agents within a terrorist organization is the Holy Grail of intelligence agencies. And to have it blown is a major setback which negates months and years of work, which may be difficult to recover."So it comes to this: In order to escape from a public relations embarrassment, the Busheviks willingly exposed a 'mole' ' a source of information from inside the operations and planning center of al Qaeda.
Similarly, Valerie Plame's crucially important operation was shut down, in order to punish her husband, Joe Wilson, for committing the crime of premeditated truth-telling.
Once again, the Busheviks burned down the barn to roast the pig.
And what was the political price they paid for these catastrophic blunders? Essentially zilch. True, 'Plame-gate' is still under investigation, though with only two months to go, the damaging denouement will likely be postponed until after the election. Maybe a minor White House apparatchik will be sacrificed. No further damage ' until the nuclear device that Plame's operation might have intercepted falls into the hands of al Qaeda.
As for 'Pak-gate,' after a month, it has totally disappeared from the media radar, presumably never to surface again. No investigation, no indictment, no political cost ' no cost at all, except perhaps the lives of a few thousand of our fellow citizens, when the shipping container containing the WMD package from al Qaeda, about which double-agent Khan might have alerted us, enters one of our harbors.
This is the stuff of major scandal. Had this happened during the administration of a Democratic president, Congress would even now be drawing up articles of impeachment. In an election year, that president, like LBJ, would choose not to run for re-election, and for good reason: he would be unelectable.But not this administration and not this president. Instead, the media hasn't touched this scandal, much less investigated it. 'Pak-gate' (for which I must invent a name, because the media has not), is gone and forgotten: unexamined by Congressional oversight, and uninvestigated by our 'journalists.'
Where's the outrage?
Meanwhile, the totally baseless and transparently mendacious 'Swift Boat' smear resounds. The media presents 'both sides' of the controversy, pretending that the accusers even have a 'side.' A responsible press would have looked to the merits of the accusations and, finding none, would have exposed the scam sufficiently to have disgraced the slanderers, and made an example of them that might discourage subsequent attempts to besmirch honorable political candidates.
But we've seen so much of this two-faced, double-standard so-called journalism that we should be used to it by now. Accustomed, but not tolerant.
Eight years and $70 million of persistent probing of the public and private lives of Bill and Hillary Clinton, resulted in nothing more than the discovery of an illicit but consensual sex act.
Comparable behavior by the accusers, Gingrich, Hyde, Livingston, etc., was deemed irrelevant.
Groundless smears against Al Gore ' that he had claimed to have 'invented the internet' (false), had claimed to have 'discovered Love Canal' (false), and so on. But no mention of George W. Bush's business failures, his possibly illegal investment deals, his 'escape' from his National Guard obligations, his record as the Governor of Texas.
The evidence of the media's bias in the 2000 election is clear and incontrovertible, as Paul Begala demonstrated in a November, 2002 Nexus-Lexus search:
There were exactly 704 stories in the campaign about this flap of Gore inventing the Internet. There were only 13 stories about Bush failing to show up for his National Guard duty for a year. There were well over 1,000 stories -- Nexus stopped at 1,000 -- about Gore and the Buddhist temple. Only 12 about Bush being accused of insider trading at Harken Energy. There were 347 about Al Gore wearing earth tones, but only 10 about the fact that Dick Cheney did business with Iran and Iraq and Libya'
And now, the Administration of George Bush, arguably the most incompetent and corrupt in US history, is given a free pass by the media.
Had the current management of the Washington Post been in charge during the Watergate burglary, Woodward and Bernstein would no doubt have been ordered to get back to covering freeway smash-ups, and Richard Nixon would have finished his term, unexposed and unpunished.
There are precious few indicators of change in this dismal situation. The New York Times and the Washington Post, 'flagships' of American journalism, have both published tepid apologies for their failure to serve as responsible watch-dogs of the government, in the run-up to the Iraq war. But now, having apologized for their misbehavior, they are repeating it. There is an abundance of opportunity for critical, objective and balanced reporting of the current election campaign. Once again, it is an opportunity not taken.
In the face of all this evidence, it is difficult to understand how anyone with more than a casual acquaintance with the corporate media persist in the belief that the media have a 'liberal bias'?
The examples of the corporate media's double dealing could fill a book, as indeed they have, many times over. And I expect to continue this elaboration in subsequent essays. But it is time, now, to bring this to a close.
When I was a youngster half a century ago, the US press delighted in relating the fantasies of Pravda and Isvestia, and we all wondered 'how could they get away with printing such outright lies,' and 'what kind of effect does all this have on the Soviet People?' Today, there is not all that much difference between Pravda c.1960s and the US media today. With FOX, right-wing talk radio and the NY Post there is no difference. As an October, 2003 study demonstrated, the more one watches FOX News, the less informed one is. Shaun Waterman of UPI reports:It's official -- watching Fox News makes you ignorant. To be precise, researchers from the Program on International Policy at the University of Maryland found that those who relied on Fox for their news were more likely than those who relied on any other news source to have what the study called "significant misperceptions" about the war in Iraq...
After decades of this kind of 'journalism,' discerning Russians came to appreciate that they were being systematically lied to by their media ' a realization that has not yet come to most Americans.
For the Soviet citizens seeking to escape the fog of 'official news,' their reality check was the Voice of America, Radio Free Europe, the BBC, illegally smuggled-in publications and 'Samizdat' ' unauthorized personal publications (by handscript or typewriter).
For us, it is the Internet ' while it lasts. After the internet is privatized and then closed to dissenters, we will have to devise our own 'Samizdat,' perhaps of audiotapes and computer disks.
Or perhaps, just perhaps, we might, as an aroused public, demand the return of a free and diverse commercial media.
For the campaign immediately ahead, we do not ask that the media join 'our side.' It will quite suffice if the media renounce their allegiance to the Bush regime, and instead direct that allegiance to the truth ' to facts, evidence, clarity and logic. That is their legitimate function and their duty to the public. We demand that the media present the facts in an even-handed manner, investigate indications of corruption and mendacity, and spare us the trivia.
Then John Kerry and John Edwards will win.
Because Rove and the Bushistas can't handle the truth. And we the people can. --posted 09.20.04
Copyright 2004, by Ernest Partridge
Dr. Ernest Partridge is a consultant, writer and lecturer in the field of Environmental Ethics and Public Policy. He publishes the website, "The Online Gadfly" (www.igc.org/gadfly) and co-edits the progressive website, "The Crisis Papers" (www.crisispapers.org).A Letter to a Republican Friend
Is this the Kind of Country that you Want?
Ernest Partridge, Co-Editor
Note: While I have many Republican friends, none are named 'Whitney.' This letter is for all my Republican friends in general, and none in particular. It is also for all Republicans with whom I am not personally acquainted, who are willing to pause and reflect upon the condition of their party and their country, and then upon their consequent duty as citizens of the United States.
Dear Whitney,
At no time in my memory, or yours, I suspect, has the rivalry between the two major parties been more mean-spirited and poisonous.
And yet, despite our separate party affiliations, we remain close friends as we have for all the decades since high school. Moreover, I see no reason for this to change, nor, I trust, do you..
Surely you know that I have never regarded you as a fascist, just as I know that you have never thought of me as a traitor. Yet these are the kinds of labels that are routinely hurled by one fringe of our respective parties against the other.
Such mutual incivility is more than acutely unpleasant, it strikes at the foundation of our republic. Thus it falls upon cooler heads, such as ours, to reject the insult and abuse, and to restore the calm civic dialog and mutual respect that is the foundation of a just and secure political order.
Sadly, much more is required if we are to restore our republic to its former health and vigor. For our country and its founding political principles are gravely endangered by a radicalism that has taken control of all branches of our government as well as our mass media.
This means that it has, regretfully, taken control of the Republican Party ' your party. It is thus imperative that moderates, such as yourself, take back their party.
I suspect that this stark accusation might put you on the defensive. If you feel that the Democrats also pose a threat to our republic, I invite you to present your case and I promise to consider it carefully. But first, please hear me out,
Our respective political differences manifest more than contrasting political philosophies. These differences issue from contrasting professional perspectives, career choices, family backgrounds, social contacts, and even religious commitments. Though different, our perspectives on life and politics may be more complementary and compatible, rather than exclusive.
I chose an academic career. You opted to join your father's small manufacturing enterprise. So we encountered government differently. The taxpayers furnished my salary, while government imposed environmental and work safety regulations on your company.
I joined the California Teachers Association ' a union. You were management, at the other side of the bargaining table.
In my professional life, I had the privilege of teaching foreign students, corresponding with scholars abroad, and frequently traveling overseas to international conferences. You had to deal with the problem of competition with foreign goods.
As a philosopher, my convictions strayed from the religious faith of my childhood. You have remained steadfast in your religious convictions. So, of course, we have different views on the relationship of church and state.
We have adopted different attitudes toward government, labor relations, foreign policy, and so forth. Almost inevitably, you have allied yourself with the Republicans, and I have supported the Democrats ' albeit often reluctantly, as 'the lesser of the evils.'
Our political differences have been a constant topic of conversation between us over the years, occasionally heated, but never placing our friendship in any great peril. You see, we are both moderates. And while, in our arguments, our attention was understandably focused upon our differences, we took little notice of our common ground of commitment and belief.
You correctly describe yourself as a 'Conservative.' I am willing to be called a 'liberal,' despite the recent disparagement of that once honorable label. However, because of the abuse of that word, I prefer to call myself a 'progressive.' 'Conventional wisdom' treats 'conservative' and 'liberal' as opposing point of view. I prefer to see them as complementary. Thus an authentic conservative and a liberal can hold a great deal in common.
For example:
We both revere our founding documents, the Declaration of Independence and the Constitution. Accordingly, we believe that 'to secure these rights" to life, liberty, and the pursuit of happiness, governments are instituted among men.'
Along with the founders of our republic, we share a suspicion of 'big government' and thus endorse the protection of our 'inalienable rights' as articulated in the Bill of Rights.
We both believe that our elected leaders have a bond of honor to the citizens which requires that these leaders deal candidly, openly and honestly with the people.
We both prize freedom, though you are more inclined to interpret freedom in economic terms, while my attention is directed to freedom of inquiry and expression.
With Jefferson, we both believe that a free press and the open competition of ideas are the life blood of a democracy.
With Washington, Adams, Jefferson and Monroe, we eschew 'foreign entanglements' and disavow any imperial ambitions for our country.
Despite our religious differences, we both endorse the 'traditional values' that are taught by all the great world religions: tolerance, mercy, charity, compassion, moderation, peacemaking.
We both reject sudden social change through violence or the radical imposition of alien ideologies.
These are all, let us note, 'conservative' values, which we learned together from the outstanding public school teachers that taught us history and civics. These values have stood the test of time, and may serve us well today. Neither of us are at all inclined to abolish these principles.
The differences between 'conservatism' and 'liberalism' are grounded in perspective and in emphases ' again, not necessarily in conflict.
Webster's dictionary defines 'conservatism' as 'The practice of preserving what is established; disposition to oppose change in established institutions and methods.'
The liberal looks forward to an improvement of the human condition. The best expression that comes to my mind is that of Edward Kennedy, at the funeral of his brother, Robert F. Kennedy:"My brother need not be idealized, or enlarged in death beyond what he was in life, to be remembered simply as a good and decent man, who saw wrong and tried to right it, saw suffering and tried to heal it, saw war and tried to stop it... As he said many times, in many parts of this nation, to those he touched and who sought to touch him: "Some men see things as they are and say why. I dream things that never were and say why not."
The liberal, then, is a 'meliorist' ' one who endorses worthy values and institutions received from the past, and who recognizes suffering and injustice in the present which he strives to ease and rectify for the future.
What deserves most to be preserved from the past, and improved in the future? In the specific answer to these questions reside the divergences of our political opinions. But in the general content of these received principles and future aspirations, we are united. It is that concurrence which has bound our nation together.
Until now.
For now I must urge you to look directly and soberly upon your Party. With the aforementioned principles of conservatism firmly in your mind, ask yourself: Does the Republican Party of today embody your conservative convictions? Do those public figures who so readily describe themselves as 'conservative' authentically fit that label? Where your Party is leading our country, do you truly wish to follow?
For consider:
Can you, as a defender of the Constitution and the Bill of Rights, support the Patriot Act, and the fact that under its provisions, at least three of your fellow citizens, and possibly more, are today incarcerated without charge, without access to counsel, with no prospect of a trial and release ' all this in violation of the Fourth, Fifth, Sixth and Eighth articles of the Bill of Rights?
Can you support an Administration that assumed power through election fraud, the disfranchisement of thousands of our fellow citizens, the violent disruption of official vote counting, and an arbitrary and incoherent ruling by five partisan judges?
In the coming presidential election, 30% of the votes will be cast with 'touch-screen' machines that leave no audit trail ' meaning that the votes can not be verified? As a Democrat, I am further troubled by the knowledge that the manufacturers of these machines are avowed supporters of George Bush, and that the software is 'proprietary,' which means secret. I know you to be a patriot first and a Republican second, so you must be concerned about this possible violation of the sacred right to vote, even though ' perhaps especially because ' it may benefit your Party.
Can you, as an opponent of 'foreign entanglements' support a war of aggression, launched under demonstrably false pretenses, and provoking a world-wide hostility toward the United States administration? Are you even more troubled by casual talk by the neo-conservatives of pending invasions of Iran and Syria?
As a Christian, do you truly believe that this Administration can justify the loss of a thousand American lives, and at least 10,000 Iraqi civilians ' numbers that are fated to increase as this war continues?
Can you sanction the torture of Iraqi prisoners at Abu Ghraib and 'detainees' at Guantánamo, in clear violation of international law and treaties as well as Christian morality? Do you really believe that full responsibility for these atrocities falls solely upon the enlisted personnel directly involved?
Can you, as a conservative, approve of a federal deficit this year of half a trillion dollars and several trillion dollars over the next several years, causing an unbearable financial burden upon the generations that follow?
Don't you agree that the economic productivity of this country should be shared fairly among its people? If so, can you believe that the American economy can continue much longer upon this course of increasing deficits, the outsourcing of jobs, decreased wages and benefits, loss of consumer confidence and disposable income? How long to you suppose that the American people will put up with this injustice? And as John F. Kennedy said, 'those who make peaceful revolution impossible, will make violent revolution inevitable.'
Conservatives insist upon responsibility and accountability. Can you then allow exceptions by such well-placed individuals such as Ken Lay, Dick Cheney and Karl Rove? Are you not troubled by the disappearance of over two billion dollars of taxpayers' money into the pockets of corrupt individuals ' cash appropriated to the Halliburton Corporation and intended for the reconstruction of Iraq?
As a conservative who believes in free markets and free enterprise, are you not concerned about the growth of monopolistic cartels and conglomerates which stifle and absorb competitors (e.g., Microsoft). Are you troubled by the fact that virtually all broadcast media in the United States are owned and controlled by six corporations, and that the corporation- friendly Federal Communications Commission has ruled in favor of still greater media market concentration? Are you aware of the devastation that WalMart has caused to small town 'free enterprise' business throughout the country?
If conservatives believe in limited government, then can you, as a conservative, accept without protest, government surveillance of your book purchases and your e-mail? Is it the business of the government to interfere with a woman's control over her own body?
Conservatives uphold the rule of law. Can you then condone the arbitrary violation of laws by the President and members of his administration ' including the Presidential Records Act, the Freedom of Information Act, the law forbidding the 'outing' of covert CIA agents and organizations? (See "When the Law Goes Flat").
If these trends and conditions trouble you, then you are in agreement with this liberal, for we both find in this list a violation of our shared political and economic convictions.
For this reason, I refuse to describe the ideology and policies of the controlling faction of your party as 'conservative.' Far better to describe it as 'right-wing,' 'radical right' or 'regressive.'
Consider next, the corruption of our politics. The right wing has repudiated our tradition of civic friendship, as self-identified 'liberals,' such as myself, are accused of 'treason' by Ann Coulter. Max Cleland, who lost three limbs in Viet Nam, is labeled as 'unpatriotic.' John McCain's years as a POW are turned against him and his family is slandered. John Kerry's medals, duly awarded by the Navy, are proclaimed as fraudulent. Liberal policies are condemned, not merely as erroneous or misguided, but as 'evil.' Politics today has become 'warfare by other means,' wherein it is not enough to defeat one's opponents in a fair election; the opponent must be destroyed. Witness the attacks on the Clintons, and on John McCain in the South Carolina primary of 2000. And now once again, against John Kerry and John Edwards in the current campaign.
Thus our once-united national community is being split into warring factions as we forget our common loyalties and lose the capacity to act in common purpose.
There may be among your fellow Republicans, individuals who would respond, 'spare me all this ideological Choctaw. My politics is guided by my self-interest, and it is clear to me that Republican policies are best for my investments, my business, and my personal prosperity.' Surely such a consideration is at least an ingredient of the Republican case.
However, on close examination, even the appeal to self-interest fails the radical right. Be honest, now: would you trade your investment portfolio today with the one you had when Bill Clinton left office? Don't you feel at least a little anxious about the direction of the Bush economy ' with ever increasing unemployment, ever-decreasing consumer confidence and disposable income, interest in the national debt soon to become the largest item in the federal budget, and half of that national debt owed to foreign creditors? In point of fact, throughout the twentieth century, the stock market has performed better under Democratic presidents and congresses. . (See also). History confirms Harry Truman's observation, 'to live like a Republican, vote like a Democrat'.
It is not difficult to understand why the self-interest even of the wealthy is best served under Democratic administrations. Democrats along with moderate Republicans believe that a flourishing economy is the result of cooperative teamwork functioning according to fair and explicit rules and regulations ' teamwork among investors, entrepreneurs, educators, researchers, workers, and yes, government. The right wing, on the other hand, takes a short-sighted and self-defeating view of 'self-interest,' whereby society is a jungle, a frontier, where the ruthless and self-serving individuals are best fit to survive. Thus the liberal is more inclined to think of morality in social terms, as justice, fairness, compassion, tolerance, equal opportunity. The radical right defines morality more as an inventory of individual virtues: chastity and fidelity, sobriety, piety. (See my On Civic Friendship and Consumer or Citizen?)
In sum, a gang of radical dogmatists have captured the Republican party. Consequently,
This is no longer the party of Abraham Lincoln who urged 'malice toward none and charity for all.'
This is no longer the party of Theodore Roosevelt, who waged political war against the 'malefactors of great wealth."
- This is no longer the party of Dwight D. Eisenhower who warned us of the 'military-industrial complex' and who lamented that "Every gun that is made, every warship launched, every rocket fired, signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and not clothed. '
Face it, my friend: your party has deserted you and your fellow moderates. All worthy content has been drained from this party, and all that remains is the empty shell with the name, 'Republican,' and the false attribution of the word 'conservative.'
If you are to take back your party, you must paradoxically leave it for a brief season. Clearly, the moderates can not now wrest control of the party from the radicals ' certainly, not before the November election which, if Bush wins a second term, will solidify the radical right control of our government for another generation.
If moderate republicanism is to revive, the radicals must be repudiated and thrown out of power in this election. To accomplish this, you and your fellow moderates must form an alliance with the moderate Democrats ' with whom, I submit, you share a significant inventory of political ideals and policies. You differ with these Democrats primarily in name ' and 'what's in a name?'
When I reflect upon the political landscape today, and upon the dilemma faced by moderate Republicans such as yourself, I am reminded of the closing scene in the magnificent war drama, 'The Bridge on the River Kwai.' Col. Nicholson (Alec Guinness), the commander of the British prisoners of war, becomes so personally invested in the project of building the bridge, that he forgets that he is assisting the enemy. Seeing the explosive charges set by the Allied saboteurs to destroy the bridge, he rushes down to the river to save the bridge and, upon encountering the British and American commandos, is suddenly shocked into a recognition of his authentic loyalties and duties. 'My God,' he says, 'what have I done?'
So, in closing, I must ask you: Wherein is your ultimate loyalty? To your party or to your country? If you reflect soberly on what has become of your party, on the full import of the crisis facing our country, and upon you duty as a conservative and as a patriot, I am confident that you will arrive at wise and just conclusion.
Your friend and compatriot,
Ernie --posted 08.24.04
Copying and distribution of this essay are encouraged, provided author and source (www.crisispapers.org) are indicated.
Copyright 2004 by Ernest Partridge
Blessed are they that mourn: for they shall be comforted.
Blessed are the meek: for they shall inherit the earth.
Blessed are they that hunger and thirst after righteousness: for they shall be filled.
Blessed are the merciful: for they shall obtain mercy.
Blessed are the pure in heart: for they shall see God.
Blessed are the peacemakers: for they shall be called sons of God.
Fundamentalists like to ask: 'What would Jesus do?' Good question! So let's ask them:
Would Jesus launch a 'war of choice' against a
non-threatening country?
Would Jesus cut back on school lunches for poor children?
Would Jesus decline to comfort 'those who mourn' as the
soldiers' caskets arrive at Dover Air Force Base?
Would Jesus sign 155 death warrants, giving the clemency appeals only a cursory glance?
George Bush wants to tell the world that he's been 'born
again.' But 'born again' to what? To pacifism, humility, compassion, mercy,
forgiveness, frugality? The Bible teaches that 'By their fruits shall ye
know them.' (Matt: 7:20) It seems that Mr. Bush has not learned
very much from his 'favorite philosopher.' (See my
'What Would Jesus Do?).
Why, then, do religious fundamentalists follow, and vote for, wealthy and
powerful individuals who openly violate the basic moral teachings of their
'Lord and Savior'? True, there are bloody and brutal chapters in the
Bible, and the millennial ('rapture') fundamentalists often preach as if the
Book of Revelation were the only book in the Bible. But the fundamentalists
also believe that the recorded words of Jesus in the Gospels are the words of
God Himself. And the Beatitudes and the Sermon on the Mount that contains it,
are the central foundation of Christian ethics. What fundamentalist Christian
would deny that Jesus said, and meant, 'Blessed are the Peacemakers?' If they
believe this, then if they would "do what Jesus would do," they must come to
terms with its full implications.
Given these clear and unyielding foundations of Christian morality, how has
the secular right managed to seduce the fundamentalists so completely?
Surely this must stand as one of the most amazing accomplishments in the
history of marketing!
The tacticians of the Right began, as all good salesmen begin, by identifying
the 'hot buttons' of "the mark' (customer), and proceeding to push those
buttons.
Fundamentalists crave strong and charismatic leadership. So such leaders were
sought out, and then lavishly funded, enabling them to establish colleges,
publishing houses and broadcasting networks. Hence the spectacular growth of
such subsidiaries of 'Jesus, Inc.' as Jerry Falwell's Liberty University, Pat
Robertson's Regent University, and, before they were busted, Jim and Tammy
Bakker's 'PTL Club' ('Pass the Loot').
Fundamentalists are most comfortable with a Manichean world view ' a concept
of the world as a battleground between unalloyed good (us) and evil (them).
('You are either with us or against us.' GWB). For several decades, Communism
fit the bill supremely well. But with the fall of communism, new evils had to
be identified, and so they were: Islam abroad, and Liberalism at home.
The demonization of Liberalism is a text-book example of 'branding' ' piling
emotions and attitudes onto a label. Until recently, 'liberalism' was a
honorific term, as indicated by its dictionary definition: 'favoring reform or
progress ... specifically favoring political reform tending toward democracy
and personal freedom for the individual.' (Websters Unabridged, 2nd ed.) And,
in fact, when a cross-section of the American public is asked about such
liberal advancements as the minimum wage, social security, Medicare, racial
integration, environmental protection, etc., a large majority approves. But
the word 'liberal' itself has been so besmirched by the Right that in
self-identification polls, 'liberal' generally comes in a poor third to
'conservative' and 'moderate.'
The Right has, in effect, established a separate and distinct definition of
'liberal,' so that it is effectively equated with 'libertinism' ' sex, drugs
and rock 'n roll. In addition, the Right's use of 'liberal' connotes the
stifling of religion, welfare cheating, profligate government spending (as in
'tax-and-spend-liberals') and even, in the hands of such uninhibited ranters
as Ann Coulter, treason.
In short, this redefined 'liberalism' serves well as an embodiment of 'evil'
to the religious right. And when this sense of 'liberalism' is associated,
through constant repetitions, with the Democratic Party ' well, you know the
rest.
Finally, the tacticians of the Right have learned that fundamentalists are
typically much more sensitive to personal immorality ('sin') than they are to
social immorality (injustice). Thus when, for example, George Bush speaks to
the religious right, his themes are 'right to life' (anti-abortion),
opposition to gay marriage, but rarely economic injustice, ethnic
discrimination or civil liberties. Recall that on the contrary, secular
libertarians are very tolerant about private personal conduct, provided that
it is 'victimless.' But the libertarians also take care not to make a point of
this in the company of their allies of the religious right.
It follows from the preceding account that if the Democrats are looking for a
'wedge' that might disable the political clout of the regressives, then here
it is. The Fundamentalist Christians have been 'had' ' suckered ' by the
libertarians and oligarchs. Thus the fundamentalists have worked diligently
and faithfully toward their own disadvantage and undoing.
If the rank and file of fundamentalist Christians in the 'religious right' can
somehow be shown that they are being used to further the interests not of
themselves but of their oppressors, and that by so doing they are violating
the central moral precepts of their 'Lord and Savior,' then the political power
of the radical right will collapse. (Assuming that our public offices continue
to be founded on the consent of the governed, through free and open elections.
If not, then all bets are off).
Accordingly, Christian conservatives should be prime recruitment targets of
progressive political movements, including 'the Democratic wing of the
Democratic Party.'
How might the fundamentalists, the 'foot soldiers of the radical right,' be
persuaded to abandon their service in behalf of their exploiters on the Right?
First of all, moderate and liberal religious leaders must shed their
reluctance to involve themselves in politics. Normally, such reluctance is
justified, for it is responsive to our tradition of the separation of church
and state. But these are not normal times, for there is no such reluctance on
the part of the religious right to throw themselves into the midst of our
politics. Thus, when the field of political contention and debate is abandoned
by one side, the other side prevails, and much of the public comes to believe
that the fundamentalists must be right because no religious leaders see fit to
disagree.
And so, it is past time for liberal and progressive religious leaders to speak
out ' and to act out, by participation in peace protests, by personal
involvement with and assistance to the poor, and with active support of
progressive candidates and participation in the political process. In
particular, liberal evangelicals should, like Jimmy Carter, take the lead in
'preaching' and demonstrating by example, the Christian virtues of compassion,
charity, humility and passivism.
The hypocrisy and venality of prominent leaders of the religious right must be
exposed. The fall of Jimmy Swaggert and the Bakkers threw cold water on the
over-heated fanaticism of their followers. It is past time to expose
Pat Robertson's investments in
African diamond mines and his dealings with African despots like Liberia's
Charles Taylor.
Finally, constant attention and exposure must be given to the unchristian
behavior of the plutocrats, and the unchristian implications of their
policies. Cruelty, callousness, greed and aggressive warfare are not Christian
virtues. --posted 08.17.04
Some readers will no doubt have additional and better ideas about how to
pry the fundamentalist Christians away from the radical right alliance. We
invite you to send these ideas to us at
crisispapers@comcast.net , so
that we might continue this discussion.
Copyright 2004 by Ernest Partridge
To be sure, laws can be petty or even silly, especially in
local jurisdictions. Far worse, they can be cruel and unjust when enacted by
oppressive regimes such as Nazi Germany or the Soviet Union. But this is not
the case in the United States of America. Our laws are founded on our
Constitution, ratified with "the consent of the governed," and devised, in the
words of the Preamble, "in order to form a more perfect union, establish
justice, insure domestic tranquility, provide for the common defense, promote
the general welfare, and secure the blessings of liberty." When our courts are
functioning properly, laws judged to be in violation of these Constitutional
objectives and protections are ruled null and void.
The protection of the law, and the loss of that protection, is the central theme of
Robert Bolt's play and movie, "A Man for All Seasons," which dramatizes the
life and martyrdom of Thomas More. In the play, More warns his
son-in-law:
"[Would you] cut a great road through the law to get after the Devil? ... And when the last law was down, and the Devil turned round on you, where would you hide.., the laws all being flat? This country is planted thick with laws from coast to coast..., and if you cut them down... do you really think you could stand upright in the winds that would blow then? Yes, I give the Devil benefit of law for my own safety's sake."
Thomas More's offense, which eventually cost him his life, was
his refusal to recognize the supremacy of the English Monarch over papal
authority. More, a legal scholar, believed that so long as he remained silent,
the law would protect him, even from the sovereign, Henry VIII. But when that
law was "flattened" as it became subordinate to and a political weapon of that sovereign, Thomas More's fate was sealed.
The fate of Thomas More, and of countless others throughout history who have
fallen victim to the corruption of law by the wealthy and powerful, must stand
as a warning to all Americans today. For the evidence of the corruption of law
in the hands of the present administration and its party is compelling to any
who have the eyes to see and the judgment to appreciate the threat. Put
bluntly, the Bush administration is literally an "outlaw" regime -- it has
placed itself outside the law that both constrains and protects the rest of
us.
I will examine five of the many offenses by the Bush Administration against
the rule of law: the election of 2000, the unequal enforcement of the law, the
violation of international treaties, the infringement of civil liberties, and
the attempt through so-called "tort reform" to deny ordinary citizens the
protection of civil law.
The 2000 Election: To begin, we must never forget that
this administration was conceived in lawlessness. Thousands of Florida voters
were unlawfully "purged" and denied access to the polls. Military ballots
postmarked past the deadline were counted. In Miami-Dade county, an official
act of ballot counting was shut down by a "yuppie riot" of GOP staff members
-- an event as blatantly illegal as the disruption of a trial or of a debate
on the floor of the Congress. Yet no one was ever charged, much less punished,
for this lawlessness.
Article Two, Section One of the U.S. Constitution explicitly states that "each
State shall appoint, in such manner as the legislature thereof may direct, a
number of electors." Thus it is the business of the states, as interpreted by
the Supreme Courts of the states, to select the presidential electors.
Accordingly, the Supreme Court of Florida ordered the continued counting of
the ballots, and that decision was upheld by two appellate federal courts. No
matter. In a legally indefensible ruling ("limited to the present
circumstances"), clearly concocted with the sole purpose of putting George
Bush in the White House, five Republican judges on the Supreme Court ordered
an end of the vote counting and, in effect, selected the President. (See my
"A Day of Infamy," and a
collection of legal and journalistic responses to Bush v. Gore:
"We Dissent.").
Subsequently, more than 600 Professors of law signed
a petition of
protest, which included the following:
We are Professors of Law at American law schools, from every part of our country, of different political beliefs. But we all agree that when a bare majority of the U. S. Supreme Court halted the recount of ballots under Florida law, the five justices were acting as political proponents for candidate Bush, not as judges.
The Unequal Enforcement of the Law: Carved above the
entrance to this same Supreme Court, are the words "Equal Justice under Law."
Would that it were so. Unfortunately, there are two kinds of "justice." There
is one standard of justice for the wealthy murderer with a team of high-priced
attorneys, and another standard for the poor murder suspect with the
court-appointed lawyer. There is one law for wealthy users of powdered cocaine
or oxycontin, and another for poor black users of crack cocaine. There is one
law for the corporate executive who fixes energy prices, another for "Grandma
Millie" who must pay those inflated prices. There is one law for the
Republican donor who cheats thousands of taxpayers of billions of invested
dollars, and another for Democratic contributor, Martha Stewart, caught
"dumping" $50,000 of stock on an "insider tip." There is one law of perjury
for Casper Weinberger, Eliot Abrams and Oliver North, all of whom escaped fine
and imprisonment due to "technicalities" and presidential pardons, and another
law for President Bill Clinton caught, at last, in a "perjury trap" over a
non-material sexual indiscretion.
The Violation of International Treaties:
Article Six of the Constitution decrees that "all treaties made, or which
shall be made, under the authority of the United States, shall be the supreme
law of the land." But not, apparently, to this Administration which has
casually ignored and violated numerous treaties at its convenience. The most
outrageous has been the violations of the Geneva Conventions in Iraq, and
specifically at the Abu Ghraib prison. In a March 6, 2003, memo from the
Pentagon "working group," we read: "In light of the President's complete
authority over the conduct of war, without a clear statement otherwise,
criminal statutes are not read as infringing on the President's ultimate
authority in these areas." Regarding this memo,
Molly Ivins
wrote: "Quite literally, the president may as well wear a crown --
forget that 'no man is above the law' jazz. We used to talk about 'the
imperial presidency' under Nixon, but this is the real thing."
Civil Rights: George Bush's violation of the rights of
citizens' is open and flagrant. Until very recently, at least three U. S.
Citizens (that we know of) were incarcerated without specific charges, without
access to counsel, without expectation of a jury trial -- all this in
violation of the Fifth, Sixth, Seventh and Eighth Amendments to the
Constitution (the Bill of Rights). Even worse violations of basic judicial
rights were visited upon the non-citizens held at Guantánamo. But now, at
last, the courts have dug in their heels, as the very Supreme Court that
appointed Bush to his office, finally drew the line and ordered that U.S.
citizen Yaser Hamdi be allowed access to his lawyer and be formally charged.
(The Supremes "punted" the similar case of Jose Padilla back to the state
court).
Even so, the Bush Administration's aspirations to "transcend" the law remain a
constant threat. Last month, the conservative legal journalist,
Stuart
Taylor, Jr., wrote:
"These warped analyses [by the Defense Department legal team] are not just the work of a few lawyers carried away with clever circumvention of the law. They reflect an attitude deeply entrenched in the Bush White House -- including Bush and Dick Cheney as well as (White House counsel Alberto) Gonzales -- that whenever the president invokes national security, he enjoys near-dictatorial powers and is quite literally above the law. ... These perversions of the law would allow Bush to seize, imprison, and torture anyone in the world, at any time, for any reason that he associates with national security. Little did the Framers suspect that their Constitution would be twisted by a president to claim powers more appropriate to Roman emperors, Russian czars, and King George III."
Anyone claiming to be an authentic "conservative" who can still support this president, is engaging in an extraordinary feat of mind-bending.
"Tort Reform:" Finally, we come to
the issue of "tort reform," brought to public attention by the selection of
"trial attorney" John Edwards as the Democratic Candidate for Vice President.
Libertarians, and in particular the libertarian faction of the Republican party, have long contended that tort
law -- court mandated compensation for damages -- would accomplish all that
government regulation attempts to achieve, and that it would do this more
effectively and at less cost. Unfortunately, history clearly testifies
that it simply won't work. Furthermore, the attempt to have tort law take on
the same task as regulation would entail a re-establishment of the same sort
of bureaucracy that the libertarians deplore. This is a bold charge that I
make against the libertarian "tort and court" remedy. Because I have defended
this criticism of libertarianism at length in a published article,
"With Liberty for
Some," I will not repeat that argument here.
But just suppose that the libertarians are right: that the work
of the EPA, the Food and Drug Administration, the Securities and Exchange
Commission, and other regulatory agencies, can all be accomplished through the
threat of personal lawsuits against private corporations. This proposed
alternative to government regulation is insincere, to say the least
of it. For if the Republicans really believed that the courts could and
should protect the citizens and consumers from injuries from the corporations,
then they would be in the vanguard of those who would at least retain, and
perhaps even increase, the legal penalties imposed upon offending
parties and corporations. And, of course, the opposite is the case.
Instead, they propose "tort reform" which would make access to the courts
prohibitively expensive for ordinary citizens. In addition, this
so-called "reform" would result in
"settlements" unlikely to fully compensate for damages, and would exact
costs to large corporations sufficiently small to have virtually no deterrent
effect. Such "reform" would truly be a "flattening" of the law, leaving little
or no protection for private citizens from corporate abuses, damages and
injuries. But, of course, that's precisely the objective of "tort reform."
In short, the GOP and its corporate sponsors want it both ways: no protection
of the consumer-citizen through enforcement of government regulation, and no
protection of the consumer-citizen through punishing court settlements. The
corporation as screwer -- the citizen as screwee.
In Conclusion: The founders of our Republic resolved that
the inalienable rights of every citizen would be protected by the equal
application of the rule of law. They understood that in a well-ordered polity,
justice, embodied in the rule of law, is above politics; the law sets the
rules and defines the constraints of acceptable political activity. The Law is
the "referee" that assures "fair play." And it does so blindly, with equal
fairness to the various factions. The law protects the individual citizen from
the abuse of power, from the lowliest citizen to the President. This is what
Robert Bolt's Thomas More had in mind, when he said that "I give the Devil
benefit of law for my own safety's sake."
The blindfolded Lady Justice makes no distinctions: all are to be protected
equally by the law. And when the blindfold is torn off and the scales of
justice are weighted in favor of the rich and powerful, and against the
opposing parties and dissenting citizens, then the lowliest citizen is not
safe. Worse still, when that citizen comes to appreciate this fact, he will no
longer look to the law for justice and protection. Law, for the citizen, will
then have ceased to be his protector, and will instead have become his
oppressor - a political tool of a sovereign that has thus forfeited his right
to govern. "When in the course of human events" such misfortune befalls a
public, the time has come to replace the government -- peacefully if possible,
but forcibly if necessary.
If you disagree, then your argument is not with me, it is with all the signers
of the Declaration of Independence. --posted 07.27.04
Copyright 2004 by Ernest Partridge
