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Sincerely Yours: Another Legal Triumph for the Obama-Yoo Administration
We're Now America's Evil Twin.
First published in Empire Burlesque on 17 June 2010
The Arar ruling upholds the "legality" of a new, universal form of slavery, i.e., the United States government can deprive anyone in the world of their freedom, and dispose of their bodies as it sees fit: torture, "indefinite detention," or even "targeted assassination."
James Bovard at Antiwar.com points out one of the more egregiously sick-making of the many atrocious "arguments" employed by Barack Obama in his successful effort to block the efforts of Maher Arar to seek justice for his unjust rendition and proxy torture in the Great War of Global Terror.
Obama bade his legal henchmen -- his own personal John Yoos, as it were -- to tell the Supreme Court that it should kill the Canadian citizen's case seeking compensation for his unlawful arrest by U.S. officials, who then rendered him not unto Caesar but to the untender mercies of Syria's torture cells. The Robed Ones agreed, dismissing, without comment, Arar's appeal of a lower court ruling that quashed his case -- a decision that Scott Horton rightly likened last year to the Dred Scott case, which upheld the legality of slavery, even in states which prohibited it.
The Arar ruling upholds the "legality" of a new, universal form of slavery, i.e., the United States government can deprive anyone in the world of their freedom, and dispose of their bodies as it sees fit: torture, "indefinite detention," or even "targeted assassination." The fact that it is a man of partly African descent who is now outstripping the Southern slavers in this extension of servitude to the entire world is one of those poisonously bitter ironies with which history abounds.
But grim and depraved as Obama's position is, it is not without its comic elements. As Bovard notes, one of the "arguments" offered by the Obama/Yoo administration was that the case should be dismissed because it might call into question “the motives and sincerity of the United States officials who concluded that petitioner could be removed to Syria.” We kid, as they say, you not.
So now cases of monstrous and criminal actions by agents of the United States government cannot be heard in court, because this might impugn the "sincerity" of the officials involved. And after all, as we all know, it is the inner feelings of government officials that are all important in determining the legality -- and morality -- of their actions. That is why the murder of more than a million Iraqis in an act of naked military aggression is not a war crime; it is, at the very worst, just a "tragic blunder," a misdirected excess of good intentions gone awry. Because we meant well, didn't we? We always mean well.
Even those Southern slavers were "sincere" in their belief that keeping people of African descent in servitude was the "right" thing to do. It's too bad that Barack Obama was not around in those days to stick up for them and ensure that their "motives and sincerity" could not be questioned. Heaven forefend that the delicate sensibilities of slavers, renditioners, torturers and assassins should ever be exposed to public scrutiny!
So Arar's American case is now dead. (The Canadians long ago 'fessed up -- and paid up -- for their role in his torment.) But its implications live on. As I noted in my first article on the Arar case, back in December 2003:
And please note: none of this has changed. None of it. These crimeful, brutal abuses of power are becoming more thoroughly entrenched under the rule of the progressive Peace laureate now in the White House. What Bush did with winks and nods, Obama is openly championing, expanding and codifying into law. And these deeply sincere evils will keep reverberating, in ways that we can not even imagine, far into the lives of our children and grandchildren, and for generations beyond.
UPDATE: Scott Horton has much more on the latest ruling in the Arar case.
Chris Floyd has been a writer and editor for more than 25 years, working in the United States, Great Britain and Russia for various newspapers, magazines, the U.S. government and Oxford University. Floyd co-founded the blog Empire Burlesque, and is also chief editor of Atlantic Free Press. He can be reached at email@example.com.
This column is republished here with the permission of the author.
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This story was published in the Baltimore Chronicle on June 21, 2010.
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