Saturday, September 08, 2012

Back to the Future With the GOP

By William Fisher

When my friend Brian Foley sent me a copy of the Republican Party 1956 Platform, I had to ask him whether he was acting as a law professor (which he is) or as a stand-up comic and author of a very funny book (which he also is).

“You read it. And then you decide,” he told me. “But read it.”

OK, with such a challenge how could I refuse?

Would the platform bring me visions of Dickens’ Scrooge? Or would it be more like Florence Nightingale?

Only time would tell, so I jumped in feet first.
The GOP Platform that year was 49 pages long. I couldn’t possibly critique it all. So I decided to look at a few 1956 issues that are still issues today, and one or two issues today that seem to have been hidden in plain sight back then. That, plus stuff that just jumped off the page into my computer!

Maybe a bit of context would help the reader (maybe the writer as well). 1956 was the year our President, Dwight David Eisenhower – Ike – was running for his second term. His first term is sometimes described as “quiet” – decompressing from World War Two. But no sooner that war ended, we began the combat of the Cold War, which was expensive and also shaped the national psyche for generations to come. There was the Korean War, to which an “honorable” peace had come. There were what we then called “The Communist Chinese” – once brave allies in the hot war, now being denied by the US a seat at the UN security Council. There were, of course, the expected labor troubles, Taft-Hartley and such, and the usual ups and downs of the capital markets. The biggest worry people seemed to have back then was inflation But, by and large, these were years of pretty good prosperity for many people and years of embarrassing wealth for the very few – and, on many critical issues, a parade of ostriches whistling past the graveyard (how’s that for a mixed-up metaphor?).

So now I began my digging into the Platform and the first thing that jumped off the very first page was this: Our great President Dwight D. Eisenhower has counseled us further: "In all those things which deal with people, be liberal, be human. In all those things which deal with people's money, or their economy, or their form of government, be conservative."

Could you find a paragraph like that in today”s GOP platform? I doubt it.

Or this one: “We are proud of and shall continue our far-reaching and sound advances in matters of basic human needs—expansion of social security—broadened coverage in unemployment insurance —improved housing—and better health protection for all our people. We are determined that our government remain warmly responsive to the urgent social and economic problems of our people.”

Then came this bit of triumphalist rhetoric: “We have balanced the budget. We believe and will continue to prove that thrift, prudence and a sensible respect for living within income applies as surely to the management of our Government's budget as it does to the family budget.”

Funny, didn’t we believe that Bill Clinton was the first president in decades to balance the federal budget?

What the Grand Old Party really meant to say was that Ike became the first Republican in 40 years to balance a budget.

(Dwight Eisenhower was last Republican President to preside over a balanced budget. He had a balanced budget in 1956 and 1957. Since then, there have been two presidents to preside over balanced budgets, LBJ in 1969 and Clinton in 1998 through 2001. During the last 40 years there have been five budget surpluses, all five were under Democratic Presidents: 1969, 1998, 1999, 2000, and 2001.)

Then came a familiar meme: “We hold that the major world issue today is whether Government shall be the servant or the master of men. We hold that the Bill of Rights is the sacred foundation of personal liberty. That men are created equal needs no affirmation, but they must have equality of opportunity and protection of their civil rights under the law.”

Sure, we’re familiar with that clarion call for small government. Ike used it. Reagan patented it – “government is the problem.” Bush mouthed the words and grew the government until it collapsed.

This year, both Republicans and Democrats are trying to frame their conventions and campaigns as “choices for the voter” – government should get out of the way or government should provide a strong safety net for all Americans.

We’re also all-too-familiar with other GOP mantras, which they apparently think never wear out and need replacing. For example, the 1956 Platform pledges: “

“Gradual reduction of the national debt; further reductions in taxes with particular consideration for low and middle income families; initiation of a sound policy of tax reductions which will encourage small independent businesses to modernize and progress; continual study of additional ways to correct inequities in the effect of various taxes.”

Holder: Torture Investigation Adieu



The article below By William Fisher originally appeared in the pages of Prism Magazine.


When President Obama said of the issue of the CIA torturing our prisoners that he’d rather go forward than backward, many of us saw this decision coming. Others were hopeful that justice would rise above politics. We wanted those who designed, administered and implemented torture to be held accountable in the only way that matters in our rule-of-law country.

We lost.

“The End,” as described by Scott Horton in Harper’s Magazine:

“Mr. Holder had already ruled out any charges related to the use of waterboarding and other methods that most human rights experts consider to be torture. His announcement closes a contentious three-year investigation by the Justice Department and brings to an end years of dispute over whether line intelligence or military personnel or their superiors would be held accountable for the abuse of prisoners in the aftermath of the terrorist attacks of Sept. 11, 2001. The closing of the two cases means that the Obama administration’s limited effort to scrutinize the counterterrorism programs carried out under President George W. Bush has come to an end.”

What this decision means is that, unless it is undone at some point, the United States will hold no one accountable for the stain of shame that will forever more blemish the reputation of the country that has held itself out as the gold standard for justice under law. What it means is that we will face the same kinds of problems when the next war rolls around.

I’m writing this over Labor Day weekend, but I’m far from the only one who’s livid over this decision.

One of Prism’s sources struck a philosophical tone. He is Col. Morris Davis (USAF Ret.) He was appointed to serve as the third Chief Prosecutor in the Guantanamo military commissions but resigned as a protest to the military commissions. He retired from active duty in October 2008, and now teaches law. Here’s what he told us:

“The decision was disappointing, but frankly it came as no surprise. We’re always slow to hold up the mirror to see the warts that detract from our self-image as the most exceptional people on the planet. Slavery, Jim Crow laws, internment of Japanese-Americans, forced sterilization of those labeled ‘defective’, gender discrimination: it’s often many, many years before we’re able to acknowledge a wrong. In the meantime, those who turned us into a torture state are held up as heroes and rewarded – they write books and appear on television, and they hold top positions on government boards, in major corporations, in academia, and even the federal judiciary – while most of us who spoke out against torture are persecuted and, in some cases, prosecuted.”

He added, “It’s a bizarre twist that in America talking about torture, but not committing torture, can get you sent to prison. It’s easy to get discouraged, and the current decision to keep our head buried in the sand awhile longer adds to the discouragement, but I reminded myself every day what Winston Churchill said in 1941: ‘Never, never, never give in.’ We have to keep lifting up the mirror until people look and see the ugly reflection.”

Anger more than disappointment is evident in the comment of Jameel Jaffer, ACLU deputy legal director, who told Prism, “That the Justice Department will hold no one accountable for the killing of prisoners in CIA custody is nothing short of a scandal. The Justice Department has declined to bring charges against the officials who authorized torture, the lawyers who sought to legitimate it, and the interrogators who used it. It has successfully shut down every legal suit meant to hold officials civilly liable.”

He added, “Continuing impunity threatens to undermine the universally recognized prohibition on torture and other abusive treatment and sends the dangerous signal to government officials that there will be no consequences for their use of torture and other cruelty. Today’s decision not to file charges against individuals who tortured prisoners to death is yet another entry in what is already a shameful record.”

Continuing impunity threatens to undermine the universally recognized prohibition on torture and other abusive treatment and sends the dangerous signal to government officials that there will be no consequences for their use of torture and other cruelty.

And this was the view expressed in the Huffington Post by Daphne Eviatar, senior counsel at Human Rights First:

“In his statement yesterday, [Attorney General] Holder said he’d declined to prosecute anyone in the CIA ‘because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt’. He didn’t explain what kind of evidence he’d judged not ‘admissible’. But certainly all CIA agents who’d participated in or witnessed the abuse of the two detainees whose deaths were being investigated would have similarly ‘had access to classified intelligence sources and methods’ that the government doesn’t want revealed.”



Eviatar noted that, in a 2006 report, Human Rights First “documented that up to 12 men had been tortured to death in U.S. custody since 2002. Reviewing documents we’ve received more recently through a Freedom of Information Act request to the government, it now appears that up to 19 of 247 deaths involved torture. In only six of those cases was anyone held criminally liable. According to military documents, many more detainees — we’ve counted 72 so far — are believed to have been murdered. While in some cases charges were brought, in many they were dropped or the perpetrators received only administrative sanctions.”

Then she reminded us that CIA Director “David Petraeus sent a statement to CIA employees assuring them that the matter has been put to rest. ‘As intelligence officers, our inclination, of course, is to look ahead to the challenges of the future rather than backwards at those of the past’.

She concluded with: “That may be the CIA’s inclination, but the agency is still obligated to investigate when its agents break the law. And surely the Justice Department has no excuse. Its role is always to investigate what happened in the past and to hold those responsible for crimes accountable. When it comes to the treatment of detainees in U.S. custody, many of whom were clearly tortured to death, all relevant branches of the U.S. government have fallen down on the job.”

Chip Pitts, former CEO of Amnesty USA and now a lecturer at Stanford and Oxford, weighed in with this:

“When those in power break the rules merely because they can, it inspires mistrust and derision instead of trust and confidence. The reverberations from this nauseating decision extend much farther than the Obama administration realizes, because (contrary to the arguments of its defenders) it cavalierly ignores the rule of law just as the Bush administration did – and on a subject (torture) and an area (legally required accountability) of universal import.”

Such “hypocritical and politically opportunistic decisions have systemic implications. Those systemic implications cannot be avoided or cloaked by the administration’s ludicrous claims of insufficient evidence in these well-documented extreme cases (in which not even one person has been held accountable for torture), or by this obviously self-interested precedent established in hopes of avoiding the administration’s own future accountability for assassination and other illegal acts.

Pitts added, “All of this is exquisitely ironic in light of the administration’s aggressive pursuit of the whistleblowers who’ve sought to shed light on such crimes. The implications for US foreign policy and for international law generally could not be clearer: Our country’s actions will be less effective and our calls for legal compliance more ridiculed, than before.”

And he concluded: “The trust reposed in those in power and in our legal and other institutions erodes further, whether from the perspective of those at home or abroad.

And greater play is given not only to torturers but more generally to similarly horrendous and illegal ongoing and future policies and to the coarse, violent, and uncivilized actions currently continuing to lead our nation in a downward spiral of dramatic relative decline.”
So there you have it. It’s over. As Glenn Greenwald wrote in The Guardian, “The Obama administration’s aggressive, full-scale whitewashing of the ‘war on terror’ crimes committed by Bush officials is now complete. Thursday, Attorney General Eric Holder announced the closing without charges of the only two cases under investigation relating to the US torture program: one that resulted in the 2002 death of an Afghan detainee at a secret CIA prison near Kabul, and the other the 2003 death of an Iraqi citizen while in CIA custody at Abu Ghraib. This decision, says the New York Times Friday, “eliminat[es] the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the CIA”.

This news was consigned to the Friday afternoon dump, and distributed during the Republican National Convention, so as to attract minimal media attention. By and large, our stenographic press corps obliged; few major publications carried this bombshell.

Romney was their dish of the day.

Well, the Romneys of the world will come and go. But the historic nature of this day – September 1st, 2012 — will be with us forever.
But perhaps there is one more slender chance left. The Center for Constitutional Rights (CCR) reminds us:

“Once again, the United States has shown it is committed to absolving itself of any responsibility for its crimes over the past decade. Today’s announcement belies U.S. claims that it can be trusted to hold accountable Americans who have perpetrated torture and other human rights abuses, and underscores the need for independent investigations elsewhere, such as the investigation underway in Spain, to continue. Impunity does not always cross borders.”



Morsi Between Censorship and Freedom of the Press



The article below originally appeared in the pages of Prism Magazine.


By William Fisher

Ten years ago, when I retired from my work with USAID and the US State Department, I reverted to my first love – journalism.

My plan was modest: I would draw on my experience in the Middle East and elsewhere to report on US reactions to developments in the region, particularly in Egypt, which had been my last posting, I had no idea how labor-intensive this work would become. I had no idea that an Arab Spring was in the offing. Lamentably, I expected to be writing pretty depressing pieces about the worst excesses of the Mubarak regime – the crony capitalism, the highly partisan justice system, the torture in prison, the imposition of the so-called emergency laws, the faux elections, and the absence of any semblance of free speech and free expression.

These were the same ugly deficits I experienced during my years in Egypt while trying to help the country’s trade sector to compete effectively for world markets and begin to realize the promise of globalization.
I remember that my first articles were submitted to the Middle East Times. When I received copies of that paper from the publisher, I didn’t know whether to be enraged or amused. There were large sections of the front page where nothing was printed. I learned later that one of those blanks was what I’d written. Well, at least I had the satisfaction of knowing that the editor intended to put my work on his front page.

Now what I had written was totally non-controversial. It was clear that it was chopped simply because the government censors didn’t understand it.

An inauspicious beginning, to be sure. But I decided there was nothing to gain from being enraged and so I settled for being amused.
Then came The Arab Spring, as the media named it. The promise was that everything would be different. The people would write a new constitution and be allowed to vote freely for multiple candidates for the first time in centuries. There would be jobs for all the college graduates now driving taxies. There would be trials and convictions and incarcerations for the members of the Mubarak inner circle who had become wealthy from the favors heaped on them by the supreme dictator. That inner circle included the military, which had effectively ruled the country since the Tahir Square revolution of January 25, 2011.

But now, eleven months after the Revolution, too many aspects of current Egypt are slipping back into standard Mubarak behavior.

One of these is the heavy-handed censorship of print and electronic media actually taking place in real time – almost as if there had never been a Revolution.

For example:

The Arabic Network for Human Rights Information (ANHRI ) Condemned the Monitoring and Confiscation Policy through Stopping the Opinion Articles in the National Newspapers

ANHRI denounced the attack on the freedom of opinion and speech, which represented in the stopping of publishing of several articles in the national newspapers. The organization said, “The attack reached its climax when ‘Al-Akhbar’ stopped publishing the articles of the writer and the novelist Ibrahim Abdulmeged, which used to be published on every Thursday morning.

The writer said, “The decision of stopping my articles is consistent with the new editing policy launched by the new editor in chief, “Mohamed Hasan El-Bana” the writer, who was appointed by the Shura Council.

“Abdelmeeged” indicated that the policy of the new editor in chief is to stop dealing with the writers who criticize the Muslim Brotherhood Group. He quoted the newspaper’s officials saying that “all the opinion articles, for whom outside of the newspaper, will be stopped.”

He added “it is regretful to say that the editors in chief appointed by the National Democratic party were more professionals”.
In the same context, “Medhat El-Adl” said that he stopped writing to Al-Akhbar after the clear interference in his articles, “due to the editing policy changed in the favor of the Islamic trend.”

The news spread that the stopping of “Free Opinion Page” in “Al-Akhbar” Newspaper”, which is a page full with several Egyptian writers and creators as “Mohamod El-Werdani”, “Medhat El-Adl” and “Abdelmeeged”.

“Al-Qaeed” said this matter is conducted because the writings that criticizes the Muslim brotherhood policies, as well as accusing the editors-in chief that he tends to them and he won’t publish opinions against the MB in the newspaper.

Last week “Al-Akhbar” banned the publishing of an article to the big writer “Ableeah El-rewaini” as she described the appointing of the new editor in chief as “Brotherization” of the newspapers. The publishing officials asked her to delete the expression of “Brotherization”, but she refused so the article was banned.

“Al-Ahram” took the same steps through banning the publishing of the ex-leader in MB article, who used to criticizes them in his articles.

It is also stopped the publishing of “A hundred days of the president’s promises” by the decision of the new editor in chief, Abdulnasser Salama, without reasons. The page aimed to monitor the president to fulfill his promises of the first hundred days of his rule.

ANHRI said it resents this “severe attack targeted the freedom of speech and opinion.” It warned of “getting back to the practices of the old regime which aim to silence the mouths and harass the freedom of journalism which are the important guarantee to a good political life.”

ANHRI said, “We fear that the newspapers’ new policy aims to ban criticisms of the Muslim brotherhood group in the light of the control, of Shura Council of the MB’s majority, on the process of appointing the leaders of these newspapers. ANHRI calls for the necessity of changing the ownership of these newspapers and liberating it from the government as well as taking the procedures to fix the media to guarantee creating an independent, professional and credible media.

The reaction of Egypt’s human rights community was predictable and expected. It was also surprising that it was triggered so soon after the Revolution under the steel-soled boots of the military-led government.

For example, in a statement, the Egyptian Organization for Human Rights (EOHR) “expressed its most sincere concern at the continued use of censorship as a State policy in dealing with media and journalism professionals.”

EOHR charged that “the most recent implementation of this stifling practice includes the State order to confiscate a series of publications by the ‘El Dostor’ Newspaper that were scheduled for publication on Saturday, 11th of August, 2012. This action was based on the investigations carried out by the Prosecutor General within the context of the reports submitted to the Prosecutor General’s Office. The ‘El Dostor’ Newspaper was charged with the alleged incitement of sectarian sedition, the insult of the President, and the incitement of social chaos.”

Several individuals were noted to have submitted formal complaints to the Publishing Crime Department within the Ministry of Interior, accusing the “El Dostor” Newspaper, and the Newspaper’s Chairman, Reda Edward and Editor-in-Chief Islam Afifi, of slandering the President and inciting sectarian sedition in several consecutive issues.

Could there be a move torn more directly from the Mubarak playbook?

Furthermore, the issued complaints also held that “El Dostor’s” headlines were a principle cause to the sectarian clashes of Dahshour, and subsequently requested that appropriate legal action be taken against the Chairman of the Newspaper, as well as the Editor-in-Chief. Authorities called for the appearance of Editor-in-Chief Islam Afifi before the Prosecutor General for questioning in light of the submitted complaints and the investigation’s findings.

ANHRI is severely annoyed of the increasing of the Monitoring and confiscation policy imposed on the Egyptian newspapers. Algomhuria stopped a page deal with the freedom of speech and confiscation in Egypt, which is the culture page. El-Mosawr Magazine stopped publishing the rest of the series of the book "returning from the Brotherhood's paradise". In the same time, an edition of El-Shab newspaper was confiscated, which was prepared to be distributing due to an article of the Egyptian Intelligence body.

The group said, “This is the most violent attack on the Egyptian newspapers and media after the 25th revolution and after Dr. Morsi became the president, such attacks contradicted with the president Morsi speech of respecting the freedom of speech as a guarantee to the civil state.”
ANHRI said, “The attempts to justify the confiscation, monitoring and the criminal prosecution bring the journalists back to square zero and threatens of an era free from criticizing and fears of jail or oppression due to a word and an opinion".

It also declared “the absence of the political will to fix the Egyptian media, which suffers from a long decades of un-professionality and the lack of impartiality and was the reason of several crimes against the revolution and the revolutionaries, such as incitement against the Egyptian Christians which has become known as ‘Maspero’.

But President Morsi found himself under extreme public pressure from the journalists. In what appeared to be a rush by President Morsi to create distance between his actions and the press, Morsi backed off the decree that jailed journalist Islam Afifi, a newsletter editor. The Associated Press reported that Morsi “intervened to release a journalist jailed over accusations of insulting him.” The AP reported that Morsi issued a law for the first time since he assumed legislative powers earlier this month.

President Morsi's ban on detention for journalists accused of publishing-related offenses takes precedence over a court decision that kept the editor in prison pending trial this month. It was the first decree Morsi enacted since taking office.

The court's decision and case against Afifi, accused of slandering the president and undermining public interest, has caused uproar in Egypt among journalists and intellectuals, with dozens holding a protest Thursday night in Cairo demanding the protection of free speech.
It seems clear at this point that Morsi is hearing Egypt’s journalists. They need to be able to write whatever seems true to them. Much of this prose is not going to cause Morsi to break into a smile. He will be very angry with much of it.

But this is one of the prices that has to be paid by those who would govern a multi-factional Egypt. Democracy is messy. Dictatorship is far more orderly and predictable. But Tahrir Square proved that Egyptians favor democracy over order and predictability.

Which means that, over time, Mr. Morsi will learn to live with his critics – he will not throw them in jail. Just as hopefully, Egypt will continue to develop a mature, independent, responsible, fact-based press capable of criticizing its Government without committing treason.


























No Accountability for Torturers


The article below was written by Marjorie Cohn and published in the Huffington Post. It is repreoduced here with the author's permission. Marjorie Cohn is a professor at the Thomas Jefferson Scool of Law and former president of the National Lawyers Guild. She testified before Congress in 2008 about Bush interrogation policy. Her book, The United States and Torture: Interrogation, Incarceration, and Abuse, was released this year in paperback. Visit her blog.

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The Obama administration has closed the books on prosecutions of those who violated our laws by authorizing and conducting the torture and abuse of prisoners in U.S. custody. Last year, Attorney General Eric Holder announced that his office would investigate only two incidents, in which CIA interrogations ended in deaths. He said the Justice Department "has determined that an expanded criminal investigation of the remaining matters is not warranted."

With that decision, Holder conferred amnesty on countless Bush officials, lawyers andinterrogators who set and carried out a policy of cruel treatment.

Now the attorney general has given a free pass to those responsible for the deaths of Gul Rahman and Manadel al-Jamadi. Rahman froze to death in 2002 after being stripped and shackled to a cold cement floor in the secret Afghan prison known as the Salt Pit. Al-Jamadi died after he was suspended from the ceiling by his wrists which were bound behind his back. MP Tony Diaz, who witnessed al-Jamadi's torture, said that blood gushed from his mouth like "a faucet had turned on" when he was lowered to the ground. A military autopsy concluded that al-Jamadi's death was a homicide.

Nevertheless, Holder announced that "based on the fully developed factual record concerning the two deaths, the department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt."

Amnesty for torturers is unacceptable. General Barry McCaffreydeclared, "We tortured people unmercifully. We probably murdered > dozens of them during the course of that, both the armed forces andthe CIA." Major General Anthony Taguba, who directed the Abu Ghraib investigation, wrote that "there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account." Holder has answered Taguba's question with a resounding "no."

Some have suggested that Holder's decisions have been motivated by political considerations. For example, Kenneth Roth, director of Human Rights Watch, wrote that "dredging up the crimes of the previous administration was seen as too distracting and too antagonistic an enterprise when Republican votes were needed." And closing the books> on legal accountability for Bush officials may remove one more Republican attack on Obama in the next two months before the presidential election.

But the Obama administration's decision to allow the lawbreakers to go > free is itself a violation of the law. The Constitution says that the > president "shall take Care that the Laws be faithfully executed." When the United States ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, we promised to extradite or prosecute those who commit, or are complicit in the commission, of torture. The Geneva Conventions also mandate that we prosecute or extradite those who commit, or are complicit in the commission of, torture.

There are two federal criminal statutes for torture prosecutions--the U.S. Torture Statute and the War Crimes Act; the latter punishes torture as a war crime. The Torture Convention is unequivocal:> nothing, including a state of war, can be invoked as a justification for torture.

 By letting American officials, lawyers and interrogators get away with torture - and indeed, murder - the United States sacrifices any right to scold or punish other countries for their human rights violations.


Israel Says: Rachel Made Me Do It – An Analysis

The article below was written by Lawrence Davidson, Professor of History at West Chester University.


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Part I – The Death of Rachel Corrie

On 16 March 2003, the last day of her life, 23 year old Rachel Corrie was in the Gaza town of Rafah standing in front of the Palestinian family home (not just a house) of Dr. Samir Nasrallah. Dr. Nasrallah was a local pharmacist and Ms Corrie had been staying with his family while serving as part of an International Solidarity Movement (ISM) cadre seeking to disrupt the Israeli army’s (IDF) on-going demolition of Palestinian homes. Between 2000 and 2004, the Israelis had destroyed enough homes in the Rafah area to leave some 1700 people homeless.
The Israeli army claimed they did this because these homes were used as “terrorist hiding places.” The result, they claimed, was frequent gunfire at Israeli settlements and soldiers. Yet for the time that Ms Corrie stayed with the Nasrallahs, everyone in the home had slept on the floor and away from the windows to avoid a constant barrage of gunfire from Israeli snipers.

On the day that Ms Corrie died, she had interposed herself between the Nasrallah home and a very large “D9R” armored Caterpillar bulldozer driven by an Israeli soldier. This was one of those infamous, made-in-the-USA machines sold to Israel by the Caterpillar Inc. even though the CEO, Board of Directors and sales staff know that their product is used to destroy homes in ways that violate international law. At the time the bulldozer in question stood twenty to thirty meters from Corrie, who was wearing a “high visibility” fluorescent orange jacket and was speaking through a megaphone calling for the tractor driver to stop or turn away. The tractor moved toward her and the home slowly in an operation the IDF later described as the “clearing of vegetation and rubble” so as to remove “explosive devices.” As it approached, the driver lowered the tractor blade and began accumulating a mound of dirt and debris as the machine went along. When the bulldozer was close to the outer wall of the Nasrallah home, Corrie climbed on top of the accumulating debris. At that point she was so positioned that she could look directly into the tractor cab, and the driver could look directly out at her, from no more that three or four meters. The machine kept coming. In the next few seconds, she lost her balance, fell backwards, and was run over twice by the tractor blade. The bulldozer driver later testified that he never saw Corrie until he noticed “people pulling the body our from under the earth.”

There was, of course, an internal military investigation of the incident, an investigation that then Israeli Prime Minister Ariel Sharon promised then President George W. Bush would be “thorough, credible and transparent.” Senior U.S. officials, including the U.S. Ambassador to Israel, Daniel Shapiro, later observed that the military investigation was none of these things. The military exonerated both the driver of the tractor and his commander, saying that neither had seen Corrie and also they weren’t even trying to destroy the Nasrallah home that day.

The judgment followed a long-standing practice of the Israeli military, reconstructing scenarios after the fact in order to rationalize just about any action soldiers take against the Palestinians, no matter how criminal. In the Rafah area during the years that Corrie and other ISM volunteers worked there, the Israeli military was in the habit of targeting Palestinian children, killing some 400 of them, one-fourth of whom were under the age of 12. In almost all cases there was no penalty for committing these murders. The practice of granting immunity has also been followed by Israeli police and courts with reference to crimes committed by Israeli civilians, especially settlers, against Palestinians. To date, “91% of investigations of such criminal acts committed by Israelis against Palestinians and their property are closed without indictments being served.”

Part II – The Corrie Family Civil Suit

In 2005, frustrated by the apparent whitewash of their daughter’s murder, Corrie’s parents filed a civil suit in an Israeli court against the country’s Ministry of Defense. They hoped that the trial would provide the “credible and transparent” accounting that had so far been denied. Subsequently, fifteen court sessions were held in the city of Haifa and just 23 witnesses testified. Yet the whole thing dragged on for seven years–until 28 August 2012 when the presiding judge, Oded Gershon, finally issued his ruling.

“I reject the suit,” Gershon stated in his 62 page decision, claiming that Corrie and the other ISM activists had purposely chosen to enter a “daily combat region” where they acted “to protect terrorists.” The judge accepted the army’s claim that the bulldozer driver had not seen Corrie. In any case, according to the judge, she was acting irrationally. “Corrie could have simply gotten out of the way of the bulldozer as any reasonable person would have done,” but she did not, and so she was ultimately responsible for her own death. According to the Corrie family lawyer, Hussein Abu Hussein, Judge Gershon’s judgment was “so close to the state’s attorney’s version of events that it could have been written by him.”

The Judge’s mind-set is perhaps the most telling part of the judgment. In Gershon’s world, the Israeli army was not seeking to engage in a siege that was turning Gaza into the world’s largest outdoor prison while illegal Israeli settlements expanded. And, because that was not what was going on, any response by the people of Gaza could not be seen as legitimate acts of resistance or self-defense. No, the people of Gaza were at best supporters of terrorists or at worst terrorists themselves. That was the paradigm into which both the judge and all the Israeli army witnesses were locked. These witnesses spoke from behind a curtain, using aliases. This was done “for security reasons.” And, they all said basically the same thing: we did not see Rachel Corrie and even if we had we would not have seen a civilian. Why? Because Israel is at war with the Palestinians and, as one testifying IDF officer (aka Yossi) put it, “during a war there are no civilians.” There are only terrorists and their allies (Corrie) and Israel does not prosecute its soldiers for waging “war” against them.

The resulting a priori immunity is not unique to Israel. Just days after the Corrie decision was announced, another decision, this time by the U.S. Justice Department, was made public. The Department ended its investigation into deaths occurring during CIA interrogations conducted using torture. No charges were brought against the torturers in these cases due to insufficient “admissible evidence.” That is, the evidence which the government itself would declassify so as to make it admissible was not sufficient to “sustain a conviction.” The American Civil Liberties Union called the decision “nothing short of a scandal…Continuing impunity threatens to undermine the universally recognized prohibition on torture and other abusive treatment.” How Israeli of the American Justice Department–or is the other way around?

Part III – Conclusion

If you come across an individual who condemns an entire category of people and is also willing to violently act on the basis of that belief, you might call him or her a pathological racist, or a pathological xenophobe, or a pathological paranoid chauvinist. But what happens when those same sick sentiments get institutionalized in powerful bureaucracies? When, say, all Arabs (be they Muslim or Christian) are suspect and subject to government surveillance, segregation, collective punishment and worse. What then do you call this? National security? All too often that is exactly what we call it. The “we” here includes almost all politicians, media newscasters, security personnel, talking head “experts,” and the like. What it comes down to is that, in the name of “national security,” we can justify almost anything, including killing kids in Gaza and torturing people to death in some dungeon, the whereabout of which is classified, as well as running over a 23 year peace activist with a massive bulldozer.

That is certainly what the Corrie episode has shown to be the case in Israel. And it does not matter what is driving this obsessive stereotyping of the Palestinians as collective enemies by both individuals and entire government departments. The Israelis and their Zionist supporters can evoke the Holocaust (and, for that matter, the Americans can talk about 9/11) until the end of time. The actions stemming from such ultimately racist perspectives are still thoroughly dehumanizing and criminal. Such is perpetual “war.”



Monday, August 27, 2012

Domestic Terrorism American Style – An Analysis (27 August 2012) by Lawrence Davidson

This article is the work of Lawrence Davidson, Professor of History at West Chester University


Part I — Some Background
The Ku Klux Klan (the name derives from the Greek word Kuklos meaning circle with a modification of the word clan added), an American terrorist organization, was founded in Pulaski, Tennessee in 1865. It was organized by Southerners who refused to reconcile themselves to the defeat of the Confederacy in the Civil War, and its declared mission was to “maintain the supremacy of the white race in the United States.” To this end it adopted tactics in the southern states that would so terrify emancipated African Americans and their white allies, that they would not dare to vote, run for public office, or intermingle with whites except in “racially appropriate” ways.

Intimidation took many forms. Non-whites and their allies who sought to assert civil rights were threatened, assaulted and frequently murdered. If they were women they were subjected to assault and rape. The property of these people was destroyed, their homes and meeting places attacked with bombs or burned. Finally, a favorite tactic was lynching.

Lynching was/is murder carried out by a mob that collectively thinks it is protecting the community and/or its traditions. Between 1882 and 1930 the Klan and allied organizations lynched some 3,000 people, mostly black men. Often the accusation was that the black male victim had sought sexual relations with white women. It was very rare that those involved in these murders, which were carried out quite openly with little effort to hide identities, were arrested for their actions much less convicted and adequately punished. This, in turn, was possible because of a number of factors:

– First and foremost, the belief that African Americans, and subsequently all non-whites, were dangerous to “white civilization.” This belief was built into the cultural perceptions of the majority. With rare exceptions, a white person could not grow up in this environment without acquiring a knee-jerk prejudice against non-whites.

– As a result, local white populations, as well as local law enforcement, often sympathized with the Klan, sometimes feared it, or just did not care about what happened to the non-white population.

In the years following the Civil War, the activities of the Klan only subsided when the U.S. government allowed the Southern states to impose laws that prevented African Americans from voting and acquiesced in a harsh regime of segregation. When the Civil rights movement finally took place in the 1960s, the Klan reappeared and participated in the violent opposition to desegregation and racial equality. This abated only when the federal government started seriously enforcing its own civil rights laws.

Part II – Old Tactics and New Victims

While today the Ku Klux Klan as an organization is nearly (but not quite) gone, it would be a mistake to think that the Klan mentality is dead in the U.S. Quite the contrary. The nation’s deep seated history of racism has helped preserve an apparent permanent subset of Americans who grow up with prejudicial feelings against anyone they perceive as a threat to their version of the “American way of life.”

This background can help us understand the on-going attacks against American Muslims. Since 2010 there has been an increase in the number of attacks on American Muslims, their mosques and other property, as well as American minorities (such as Sikhs) who are regularly mistaken for Muslims. These attacks are not the work of a refurbished Ku Klux Klan but, nonetheless, have about them the same nature: fear of American Muslims as cultural subversives (for instance, the delusion that they seek to impose Sharia law in the United States); anonymous threats of violence (via telephone, internet, and also in the form of abusive graffiti); bomb, arson, and gun fire attacks on property; and finally assaults and murders. The Civil Rights Division of the U.S. Justice Department has investigated over 800 such incidents in the last eleven years. Eight such attacks occurred in the first half of the present month of August 2012, including the murder of six Sikhs in Milwaukee on August 5.

An important factor in all of this is the role of a number of campaigning politicians who go around proclaiming the threat that American Muslims supposedly represent to the country. For instance, just prior to a spate of arson attacks in the Chicago area, U.S. Representative Joe Walsh held town hall meetings in the area where he proclaimed, “One thing I am sure of is that there are people in this country–there is a radical strain of Islam in this country–it’s not just over there–trying to kill Americans every week.” His talk was filmed and posted on YouTube. Similar rhetoric has been heard from a dozen other politicians including Peter King, the Chairman of the House Homeland Security Committee and Michele Bachmann, who was among those running for GOP candidate for president.

Part III – What It Takes to Break a Bad Habit

This is what you get when you practice a culture that has evolved around racist views. And, you get it more or less in perpetuity. In the case of the United States, the nation spent from 1789 (counting from the establishment of the Constitution which legitimized slavery) to 1954 (the year the Supreme Court declared, in Brown v. Board of Education, mandatory segregation of public schools unconstitutional), or 165 years, building up an “American way of life,” which legitimized discrimination against non-whites. Subsequently, it has spent from 1957 (counting from the year that Brown v. Board of Education actually began to be enforced) to the present, or 55 years trying to undo that legacy. If it takes about as long to undo a nationwide bad habit as it did to establish it, we have a long road ahead of us.

What the years since 1957 have done is to legally enforce non-racist public behavior. This is certainly a necessary step which, if consistently applied, will eventually lead to an internalized change in the outlook and morality of most of the population. In this regard Barack Obama’s election as the first African American president in 2008 was a sure sign of progress. However, the virulent reaction to Obama by more than a few is another sign that, while 55 years is long enough to alter the public behavior of some people, it is not long enough to change the private attitudes of many. Thus, there are still those groups of citizens who are deeply racist. Today, under normal circumstances, they keep their feeling to themselves and their like-minded circle. However, when conditions allow, that racism emerges in a public way, often in hate speech but sometimes more brutally. These extremists are the modern day versions of yesterday’s klansmen and, given a chance, they will happily commit mayhem in the name of their cherished traditions. American Muslims are now their target.

Part IV – Another Example = Our Ally Israel

If you want to see another example of a society that has historically cultivated discriminatory outlooks and practices, one that American Zionists consider quite similar to the U.S., take a look at Israel. By the way, If there is any truth to the belief that Israel is “just like us,” it can only refer to the United States prior to 1957–prior to the introduction of civil rights laws.

Much like the American south of that pre-legal equality era, Israel is shaped by a culture of ethno/religious exclusiveness practiced amidst a larger out-group (in this case the Palestinian Arabs). This has led the Israeli Jews to teach successive generations that it is proper and necessary to discriminate against Palestinians. And, sure enough, over the years Israel has produced its own terrorist organizations that intimidate and attack Palestinian Arabs: the Irgun and Lehi during the years leading to the establishment of the state in 1948, Gush Emunim and Terror Against Terror in the 1970s and 1980s, and today’s “Price-Taggers” and West Bank settler vigilantes. Just like klansmen in the American south, these terrorists are rarely prosecuted and almost never adequately punished for their crimes because much of the Jewish population as well as the organs of the state sympathize with them. And, just like the American south, they operate in an environment conducive to an Israeli version of lynching.

That brings us to the Isreaeli style lynching that occurred on the night of August 17 in Jerusalem. Raised in an environment that purposely cultivates prejudice and hatred against Arabs, a mob of some fifty Israeli Jewish young people attacked four Palestinian male youths, almost killing one of them. The attack was unprovoked and apparently random, though the attackers “claimed they wanted to prevent them [the Arab boys] from speaking to Jewish girls.” “Hundreds” witnessed this event but did not interfere. The entire thing was predictable, and indeed inevitable. It is what you get when you practice a culture that has evolved around racist views.

Part V – Conclusion

There might be a human genetic inclination toward group solidarity, but its worst manifestations are not inevitable. You can feel solidarity with your family, your religious community, your ethnic group, your nation, etc. without hating others. The hating part is a learned attitude. And, as is often the case, fear will underlie the hatred.

Both American and Israeli bigots or terrorists have focused on Arabs and Muslims as a threatening out-group. Both the Americans and the Israelis who do so draw strength from a culture that has deep racist roots. In today’s U.S.A. many know that this is wrong and so there is a moral position from which to combat this behavior. Unfortunately, it is not possible to say the same thing about Israel.

In the United States the core need is consistent educational and legal pressure against racist behavior both in terms of individual and institutional behavior. When I say consistent I mean over multiple generations, for at least as many years as it took to create the nationwide bigotry in the first place. If we do not succeed in this endeavor then American Zionists will be proven correct. We in the U.S. will be just like the Israelis.





Blog: www.tothepointanalyses.com


Poll Reveals Alarming Depth of Dislike of American Muslims


By William Fisher

Most Americans are aware of the negative attitudes our country has toward American Muslims and Arab-Americans. But what they may not be so aware of is the depth of the vitriol with which they attack these two groups and the utter ignorance they apply to make their vitriol even more incendiary.

At a press conference earlier this week, Dr. James Zogby – who is president of the Arab American Institute – presented the results of a poll of 2100 Americans who were asked about their views about various aspects of Arab-America and American Muslim life.

The quick takeaway from Zogby’s presentation is that Arab-Americans and American Muslims are not just disliked – they are detested. They are despised.

Substantial majorities of Americans in various demographic niches believe people in these two groups are disloyal to the United States, though hundreds of thousands have been in the US for generations. It is estimated that there are approximately five to eight million Muslims living in the U.S. now.

In 2000, 1.2 million people reported an Arab ancestry in the United States. In December 2003, the U.S. census bureau released data for the first time on the Arab population of the United States. The data is from the 2000 census. The census does not break down the figures by religion, but the Arab-American Institute estimates that about 77% of Arab-Americans are Christians (42% Catholic, 23% Orthodox, 12% Protestant) and 23% Muslim.

The toxic attitudes of American citizens toward their Muslim and Arab countrymen have triggered a rash of attacks and threats. Zogby ran through a litany:

Of the findings, Zogby said, “The numbers from our latest poll highlight that Park 51, the anti-Muslim and anti-Arab tone of the 2010 campaign season, anti-Sharia legislation, calls for Muslim loyalty oaths, and public attacks on American Muslims and Arab American public servants have taken a toll on American public opinion. Park 51 is to be the official name of the controversial community center located near the remains of the World Trade Center.
“Despite the fact that most Americans are unable to make the distinction between Arabs and Muslims, the vitriol that has been aimed at both communities is clearly swaying public opinion along age and party lines,” Zogby said.


Meaning that older people and Republicans have the most deep-seated enmity toward the two groups.

Other findings:

Arabs, Muslims, Arab Americans, and American Muslims have the lowest favorable/highest unfavorable ratings among the eight major religious groups covered.

Muslims are the only group with a net unfavorable rating.

There is a deep generational divide, which is reflected in a partisan divide. Younger Americans (18-25) rate Arabs and Muslims up to 17 points higher than the older generation. They also rate Arab Americans and American Muslims higher as well.

Younger Americans rate Catholics and the various Protestant denominations covered in the survey almost 20 points lower than do older Americans (65+). The younger group also rates Mormons 15 points lower. This is reflected in a deep partisan divide and even more so in a division between those who describe themselves as Obama or Romney voters.
For example, the ratings given to Arabs and Muslims by Obama and Romney voters are mirror reflections of each other. While Obama voters give Arabs a net 51%/29% favorable rating and Muslims a net 53%/29% rating; Romney voters give Arabs a 30%/50% net unfavorable rating and Muslims a 25%/57% unfavorable rating.

Democrats and Obama voters give no group a net negative rating. Republicans and Romney voters only give strong negative ratings to Arabs, Muslims, Arab Americans, and American Muslims.
There is also a racial divide in attitudes toward Arabs, Muslims, Arab Americans, and American Muslims.

Favorable attitudes toward Arabs, Muslims, Arab Americans, and American Muslims are significantly higher among African American, Hispanic, and Asian Americans.

Fifty-seven per cent of voters believe their ethnicity or religion would influence their decision-making of Arab Americans and American Muslims if they were appointed to important government posts.
Again there is a deep partisan divide on this question. By a two to one ratio, Democrats and Obama voters are confident that Arab Americans and American Muslims could do the job, but a strong majority of Republicans and Romney voters fear that the ethnicity or religion of members of these communities would influence their work.

Once again, age plays a significant role.

To make matters worse, the U.S. Government continues to perform its schizoid dance that confuses everyone involved. On the one hand, the government is reaching out to those it considers “good” Arab-Americans and “good” Muslims. It is praising these people whenever it can. On the other hand, it is sending agent provocateurs into mosques and Muslim neighborhoods to gather information on future terror plots. Muslim congregations are crying “entrapment.”

Zogby’s comment:
“In 2010, in the wake of the Park 51 controversy, AAI conducted a similar poll on views toward Arabs and Muslims. The data extracted from both polls indicates that anti-Arab and anti-Muslim political rhetoric has taken a toll on American public opinion, especially along age and party lines.”
How’s that for understatement?
The Arab-American and American Muslim communities suffered through similar attacks in the days and weeks immediately following the September 11, 2001 attacks. The government rounded up thousands of “Middle Eastern people” and jailed hundreds of them. Scores of violent incidents and threats against Arab-Americans and American Muslims were reported. Many took their complaints to court.

And now we are seeing a repeat performance.

For example, The Chicago office of the Council on American-Islamic Relations (CAIR) called for an FBI hate crime investigation of an acid bomb attack on a Muslim school in that state. It was the second such incident targeting an Illinois Muslim institution .
Arab immigrants and their community centers, mosques and businesses have been hit by Molotov cocktails, bullets and bricks. Buildings have been defaced with graffiti. Numerous bomb threats have occurred. In one incident a drunken 75-year-old man, screaming, “You’re destroying my country,” tried to run down a Pakistani woman in a Long Island parking lot.

Two air rifle shots were fired at the Muslim Education Center (MEC) mosque in Morton Grove, Ill.

The Civil Rights Division of the U.S. Department of Justice placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and persons of Arab and South-Asian descent, as well as persons perceived to be members of these groups.

On July 4th, Joplin, Missouri's Islamic Center — the city's only mosque — suffered roof damage after an unidentified man set it on fire by tossing a burning object onto the building.

The following Monday, there was a second fire, but this time the damage was far more extensive. Fire officials described it as a "complete loss."

A man armed with a hammer was caught on video apparently destroying a sign at a mosque in Rhode Island.
At least seven people were killed and twenty injured as a gunman took over a Sikh temple in Oak Creek, Wisconsin. The number includes the gunman, who was killed by police. Officials are treating it as a "domestic terrorist-type incident." The attacker is believed to have confused Sikhs and Muslims.

CAIR called for increased police protection at houses of worship across the country following the Joplin fire and the deadly attack on the Sikh temple.

What this ugly bigotry conjures up are pages out of American history’s Book of Shame. For there is where we find our Pilgrim Fathers destroying the lives of the people they found there. There is where we find the sepsis of the slave-trade economy. There is where we find the Italians, the Irish and the Jewish immigrants from Eastern Europe at the turn of the 20th century. There is where we find 110,000 Japanese-Americans hauled off to camps in the middle of nowhere. And there is where we find the bloody swamp we know as Jim Crow.

Arabs and Muslims in America are going to have to fight hate and discrimination – many are doing so now. To be successful, they are going to need the proactive backing of the heavy hitters in our government – beginning with the President -- and in our business and financial communities over a substantial period of time. And these are not groups that embrace change unless there is absolutely no alternative. The more enlightened attitudes of the younger American generation offer some hope for healing.

While some observers have urged Mr. Obama to provide stronger and more consistent leadership on this issue, others are suggesting that now may be too soon; the wounds of 9/11 may be too fresh.

But time alone would not have given us the Civil Rights Act of 1965 or the Voting Rights Act of 1965.

And – let’s face it -- it wouldn’t have mattered a whit if a posse of American Muslims and Arab Americans had killed Osama bin Laden. Nobody would have believed it!
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This article originally appeared in the pages of Prism Magazine