http://www.truthout.org/docs_2006/100206A.shtmlFatal Vision: The Deeper Evil Behind the Detainee Bill By Chris Floyd, TO UK Correspondent
t r u t h o u t | Perspective
Monday 02 October 2006
1.
It was a dark hour indeed on Thursday when
the United States Senate voted to end the constitutional republic and transform the country into a "Leader-State," giving the president and his agents
the power to capture, torture and imprison forever anyone - American citizens included - whom they arbitrarily decide is an "enemy combatant." This also includes those who merely give "terrorism" some kind of "support," defined so vaguely that many experts say it could encompass legal advice, innocent gifts to charities or even political opposition to US government policy within its draconian strictures.
All of this is bad enough -
a sickening and cowardly surrender of liberty not seen in a major Western democracy since the Enabling Act passed by the German Reichstag in March 1933. But it is by no means the full extent of our degradation. In reality, the darkness is deeper, and more foul, than most people imagine. For in addition to the dictatorial powers of seizure and torment given by Congress on Thursday to George W. Bush - powers he had already seized and exercised for five years anyway, even without this fig leaf of sham legality - there is a far more sinister imperial right that Bush has claimed - and used - openly, without any demur or debate from Congress at all:
ordering the "extrajudicial killing" of anyone on earth that he and his deputies decide - arbitrarily, without charges, court hearing, formal evidence, or appeal - is an "enemy combatant." That's right; from the earliest days of the Terror War - September 17, 2001, to be exact - Bush has claimed the peremptory power of life and death over the entire world. If he says you're an enemy of America, you are. If he wants to imprison you and torture you, he can. And if he decides you should die, he'll kill you. This is not hyperbole, liberal paranoia, or "conspiracy theory": it's simply a fact, reported by the mainstream media, attested by senior administration figures, recorded in official government documents - and boasted about by the president himself, in front of Congress and a national television audience.
And although the Republic snuffing act just passed by Congress does not directly address Bush's royal prerogative of murder, it nonetheless strengthens it and enshrines it in law. For the measure sets forth clearly that the designation of an "enemy combatant" is left solely to the executive branch; neither Congress nor the courts have any say in the matter. When this new law is coupled with the existing "Executive Orders" authorizing "lethal force" against arbitrarily designated "enemy combatants," it becomes, quite literally, a license to kill - with the seal of Congressional approval.
How arbitrary is this process by which all our lives and liberties are now governed? Dave Niewert at Orcinus has unearthed a remarkable admission of its totally capricious nature. In an December 2002 story in the Washington Post, then-Solicitor General Ted Olson described the anarchy at the heart of the process with admirable frankness:
"(There is no) requirement that the executive branch spell out its criteria for determining who qualifies as an enemy combatant," Olson argues. "'There won't be 10 rules that trigger this or 10 rules that end this,' Olson said in the interview. 'There will be judgments and instincts and evaluations and implementations that have to be made by the executive that are probably going to be different from day to day, depending on the circumstances.'"
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