Glenn: Not a single War on Terror victim and not a single government official has faced the courts - not one...!

rule of law...? accountability... ? the justice system...? blind lady justice...? fuhgedaboudit...

glenn...

[O]f all the American institutions that have so profoundly failed in the wake of 9/11 to protect the most basic liberties — Congress, both political parties, the establishment media, the Executive Branch, the DOJ specifically — none has been quite as disgraceful as the federal judiciary, whose life tenure is supposed to insulate them from base political pressures that produce cowardly and corrupted choices. And yet, just consider these two facts:

(1) not a single War on Terror victim — not one — has been permitted to sue for damages in an American court over what was done to them, even when everyone admits they were completely innocent, even when they were subjected to the most brutal torture, and even when the judiciary of other countries permitted their lawsuits to proceed; and,

(2) not a single government official — not one — has been held legally accountable, either criminally or even civilly, for any War on Terror crimes or abuses; perversely, the only government officials to pay any price were the ones who blew the whistle on those crimes.

[...]

Even worse, if you’re a Muslim accused of any Terror-related crime, your conviction in a federal court is virtually guaranteed, as federal judges will bend the law and issue pro-government rulings that they would never make with a non-Muslim defendant; conversely, if you’re a government official who abused or otherwise violated the rights of Muslims, your full-scale immunity is virtually guaranteed. Those are the indisputable rules of American justice. So slavish and subservient are federal judges when it comes to Muslim defendants that if you’re a Muslim accused of any Terror-related crime, you’re probably more likely at this point to get something approximating a fair trial before a Guantanamo military tribunal than in a federal court; that is how supine federal judges have been when the U.S. Government utters the word “terrorism” in the direction of a Muslim or any claims of “national security” relating to 9/11.

it's a pretty pass we've come to in the land of the free and the home of the brave...

Submit To Propeller
Tweet

[Permalink] 0 comments

Our political culture has now explicitly renounced the concept of equality of law

glenn's new book, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful, is now on the stands, and it promises to be every bit as powerful as his regular columns... here's hoping it has the impact it so richly deserves...

from glenn's post today in salon...

The past decade has witnessed the most severe crimes imaginable by political and financial elites: the construction of a worldwide torture regime, domestic spying perpetrated jointly by the government and the telecom industry without the warrants required by the criminal law, an aggressive war waged on another country that killed hundreds of thousands of people, massive financial fraud that came close to collapsing the world economy and which destroyed the economic security of tens of millions, and systematic foreclosure fraud that, by design, bombarded courts with fraudulent documents in order to seize homes without legal entitlement. These are not bad policies or mere immoral acts. They are plainly criminal, and yet – due to the precepts of elite immunity which were first explicitly embraced during Ford’s pardon of Nixon — none of those crimes has produced legal punishments.

By very stark contrast, ordinary Americans are imprisoned more easily, for longer periods of time, and in greater numbers than any nation on earth. New legal classes of non-persons with no rights have been created over the last decade as well. Thus, over the same four decades that elite immunity has taken hold, the nation — namely,the same elite class that has aggressively vested itself with the right to act with impunity — has resorted to ever more merciless punishment schemes for ordinary Americans and others who are marginalized who, for multiple reasons, have very few defenses when the state targets them for punishment. While being rich and powerful has always been an advantage in the judicial system (and in all other aspects of American life), our political culture has now explicitly renounced the concept of equality of law, and it is thus now unabashedly clear that who you are is far more important than what you do.

the dynamic glenn describes is a cornerstone of what is behind the global awakening... our super-rich elites have doggedly and deliberately rigged the system in their favor and they have done so in multiple ways but none so pernicious and malign as the consequences to ordinary people by their manipulation of accountability and the rule of law...

glenn explicitly points this out...

This development isn’t just central to most of what I write. It is, I believe, driving the growing (and accurate) perception that our political institutions are wholly illegitimate. It is, as I wrote this morning at Tom Dispatch, this sense that outcome inequalities are now wholly illegitimate – as a result of this fundamental perversion of the rule of law – that is fueling the citizen anger inspirationally on display at the Occupy protests around the nation.

more from glenn's tomdispatch post...

It is now clearly understood that, rather than apply the law equally to all, Wall Street tycoons have engaged in egregious criminality -- acts which destroyed the economic security of millions of people around the world -- without experiencing the slightest legal repercussions. Giant financial institutions were caught red-handed engaging in massive, systematic fraud to foreclose on people’s homes and the reaction of the political class, led by the Obama administration, was to shield them from meaningful consequences. Rather than submit on an equal basis to the rules, through an oligarchical, democracy-subverting control of the political process, they now control the process of writing those rules and how they are applied.

Today, it is glaringly obvious to a wide range of Americans that the wealth of the top 1% is the byproduct not of risk-taking entrepreneurship, but of corrupted control of our legal and political systems. Thanks to this control, they can write laws that have no purpose than to abolish the few limits that still constrain them, as happened during the Wall Street deregulation orgy of the 1990s. They can retroactively immunize themselves for crimes they deliberately committed for profit, as happened when the 2008 Congress shielded the nation’s telecom giants for their role in Bush’s domestic warrantless eavesdropping program.

i can't imagine a more opportune time for a book like this to appear and no one better than glenn to have written it...

Submit To Propeller
Tweet

[Permalink] 0 comments

The liberal class has become a useless and despised appendage of corporate power and all hope lies now with those in the street

which is one of the main reasons why ows has picked up such a head of steam so quickly...

chris hedges...

Human history has amply demonstrated that once those in positions of power become redundant and impotent, yet retain the trappings and privileges of power, they are brutally discarded. The liberal class, which insists on clinging to its positions of privilege while at the same time refusing to play its traditional role within the democratic state, has become a useless and despised appendage of corporate power. And as the engines of corporate power pollute and poison the ecosystem and propel us into a world where there will be only masters and serfs, the liberal class, which serves no purpose in the new configuration, is being abandoned and discarded by both the corporate state and radical dissidents. The best it can do is attach itself meekly to the new political configuration rising up to replace it.

An ineffectual liberal class means there is no hope of a correction or a reversal through the formal mechanisms of power. It ensures that the frustration and anger among the working and the middle class will find expression now in these protests that lie outside the confines of democratic institutions and the civilities of a liberal democracy. By emasculating the liberal class, which once ensured that restive citizens could institute moderate reforms, the corporate state has created a closed system defined by polarization, gridlock and political charades. It has removed the veneer of virtue and goodness that the liberal class offered to the power elite.

[...]

But the liberal class, by having refused to question the utopian promises of unfettered capitalism and globalization and by condemning those who did, severed itself from the roots of creative and bold thought, the only forces that could have prevented the liberal class from merging completely with the power elite. The liberal class, which at once was betrayed and betrayed itself, has no role left to play in the battle between us and corporate dominance. All hope lies now with those in the street.

[...]

Corporations are not concerned with the common good. They exploit, pollute, impoverish, repress, kill and lie to make money. They throw poor families out of homes, let the uninsured die, wage useless wars to make profits, poison and pollute the ecosystem, slash social assistance programs, gut public education, trash the global economy, plunder the U.S. Treasury and crush all popular movements that seek justice for working men and women. They worship money and power.

[...]

What took place early Friday morning in Zuccotti Park was the first salvo in a long struggle for justice. It signaled a step backward by the corporate state in the face of popular pressure. And it was carried out by ordinary men and women who sleep at night on concrete, get soaked in rainstorms, eat donated food and have nothing as weapons but their dignity, resilience and courage. It is they, and they alone, who hold out the possibility of salvation. And if we join them we might have a chance.

chris hedges could as easily deliver a screed like this from a pulpit as in a column written for the internet... reading it, i can almost smell the sulfur and brimstone and hear the electricity of his passion crackling from the page... with such vehemence, it's almost too much to take in large, long doses... however, that said, there is a broad vein of truth in what he writes, particularly in what he says here... the optimism in this piece is a bit surprising to me given the near despair that's informed a lot of his more recent writing... i feel some of that optimism beginning to trickle through me as well, although i confess to almost wishing it wasn't... i've had my hopes dashed entirely too often...

Submit To Propeller
Tweet

[Permalink] 0 comments