USA: the only non-democracy in North America

from truthdig.com

First They Come For the Muslims
Posted on Apr 16, 2012
By Chris Hedges

Tarek Mehanna, a U.S. citizen, was sentenced Thursday in Worcester, Mass., to 17½ years in prison. It was another of the tawdry show trials held against Muslim activists since 9/11 as a result of the government’s criminalization of what people say and believe. These trials, where secrecy rules permit federal lawyers to prosecute people on “evidence” the defendants are not allowed to examine, are the harbinger of a corporate totalitarian state in which any form of dissent can be declared illegal. What the government did to Mehanna, and what it has done to hundreds of other innocent Muslims in this country over the last decade, it will eventually do to the rest of us.

Mehanna, a teacher at Alhuda Academy in Worcester, was convicted after an eight-week jury trial of conspiring to kill U.S. soldiers in Iraq and providing material support to al-Qaida, as well as making false statements to officials investigating terrorism. His real “crime,” however, seems to be viewing and translating jihadi videos online, speaking out against U.S. foreign policy in the Middle East and refusing to become a government informant.

Stephen F. Downs, a lawyer in Albany, N.Y., a founder of Project Salam and the author of “Victims of America’s Dirty War,” a booklet posted on the website, has defended Muslim activists since 2006. He has methodically documented the mendacious charges used to incarcerate many Muslim activists as terrorists. Because of “terrorism enhancement” provisions, any sentence can be quadrupled—even minor charges can leave prisoners incarcerated for years.

“People who have committed no crime are taken into custody, isolated without adequate recourse to legal advice, railroaded with fake or contrived charges, and ‘disappeared’ into prisons designed to isolate them,” Downs told me when we met last week at Brown University in Providence, R.I.

Downs calls the process of condemning people before they have committed a crime “pre-emptive prosecution.” The concept of pre-emptive prosecution mocks domestic law as egregiously as pre-emptive war mocks the foundations of international law.

Downs’ awakening to the corruption of the judicial system came in 2006 when Yassin Aref, a Kurdish refugee from Iraq who was an imam of a mosque in Albany, was entrapped in a government sting operation. Downs, who three years earlier had retired as chief attorney for the New York State Commission on Judicial Conduct, became part of Aref’s legal defense team. He met with Aref two or three times a week in the Rensselaer County jail over a six-month period.

“I was unprepared for the fact that the government would put together a case that was just one lie piled up on top of another lie,” Downs said. “And when you pointed it out to them they didn’t care. They didn’t refute it. They knew that it was a lie. The facts of most of these pre-emptive cases don’t support the charges. But the facts are irrelevant. The government has decided to target these people. It wants to take them down for ideological reasons.”

“In the past, when the government wanted to do something illegal it simply went ahead and broke the law,” he said. “They rounded up the Japanese during World War II and stuck them in concentration camps. They knew they were breaking the law when they decided to go after the activists with COINTELPRO in the 1960s but they rationalized that they were doing it for a higher purpose. This is different. The government is destroying the legal framework of our country. They are twisting it out of recognition to make it appear as though what they’re doing is legal. I don’t remember that kind of a situation in the past. The opinions of the court are now only lame excuses as to why the courts can’t do justice.”

“The government lawyers must know these pre-emptive cases are fake,” he said. “They must know they’re prosecuting people before a crime has been committed based on what they think the defendant might do in the future. They defend what they are doing by saying that they are protecting the nation from people who might want to do it harm. I’m sure they’ve been co-opted at least to believe that. But I think they also know that they are twisting the legal concepts, they are stretching them beyond what the framework of the law can tolerate. They have convinced themselves that it is OK to convict many innocent people as long as they prevent a few people from committing crimes in the future. They are creating an internal culture within the Justice Department where there is contempt for the law and for the foundational principle that it is better for one guilty person to go free than that one innocent person is convicted. They must know they do not do justice, and that they serve only ideological ends.”

Downs pointed out that if the government was actually concerned about the rule of law it would prosecute politicians and other prominent Americans who have publicly spoken out in support of Mojahedin-e Khalq (MEK or People’s Holy Jihadis), an armed group on the State Department terrorism list that carries out terrorist attacks inside Iran. They include former New York City Mayor Rudy Giuliani, former Pennsylvania Gov. Ed Rendell, former U.N. Ambassador John Bolton, former Vermont Gov. Howard Dean, former Homeland Security Secretary Tom Ridge, former Attorney General Michael Mukasey, former homeland security adviser Frances Fragos Townsend, former FBI Director Louis Freeh, former Joint Chiefs of Staff Chairman Gen. Hugh Shelton and Gen. James Jones, who was President Obama’s first national security adviser. Some of them voiced their backing in speeches for which they were paid lavishly.

“Their support of MEK is far worse than any of the pre-emptive prosecution cases,” Downs said. “They are literally engaged in material support for terrorism. But of course they’re not being prosecuted. ... The whole thing is a game. It’s not serious law enforcement. It is political posturing. This will bring the law into contempt. It will bring the mechanisms of prosecution into contempt and eventually it will destroy the legal system.”

“Justice is now justice for corporations,” he went on. “Anybody who interferes with the corporations, who interferes with their profits, who interferes with their rights, will become labeled ‘terrorists.’ They become people we need to get rid of. Judges, politicians and lawyers all feed at the same corporate trough. And that is why their decisions increasingly are corporate decisions.”

Downs holds out a faint hope that it may be possible to force the Justice Department to turn over exculpatory evidence—evidence of a defendant’s innocence that by law the prosecution must disclose to the defendant but an obligation that the prosecutors frequently ignore. He said he is certain there is exculpatory evidence in government vaults that could free many of those pre-emptively prosecuted. Government prosecutors, however, do not willing sabotage their own cases by turning over evidence that would exonerate those they seek to condemn. Downs knows it is a quixotic fight, but he is working to get the undisclosed exculpatory evidence in pre-emptive prosecution cases released to defense lawyers.

“That’s my one hope of getting these guys out of jail—I don’t see any other way,” he said.

The corruption in the judiciary, Downs argues, is so pervasive that it is probably irreversible in the short run. Already dissidents such as peace activists, environmentalists and outspoken intellectuals have been treated as terrorists. Downs expects soon to see labor organizers and those in Occupy encampments treated as terrorists, especially if domestic dissent spreads. Yet despite his pessimism he has no intention of surrendering.

“I take comfort from organizations like the White Rose in Germany,” he said, referring to the anti-Nazi group that defied Hitler and saw most of its members arrested and executed. “They were doomed almost from the beginning. How long could you defy Hitler before you were rounded up and shot? It appeared to be a futile effort. And yet, after the war, when people went back and began to rebuild the German nation, they could look to the White Rose as an example of what German culture was really about. There were Germans who cared about peace, freedom and tolerance. I’m working now as much for the historical record as for those still in jail.”

“When I was 6,” Mehanna told the court Thursday at his sentencing, “I began putting together a massive collection of comic books. Batman implanted a concept in my mind, introduced me to a paradigm as to how the world is set up: that there are oppressors, there are the oppressed, and there are those who step up to defend the oppressed. This resonated with me so much that throughout the rest of my childhood I gravitated towards any book that reflected that paradigm—‘Uncle Tom’s Cabin,’ ‘The Autobiography of Malcolm X,’ and I even saw an ethical dimension to ‘The Catcher in the Rye.’ ”

“By the time I began high school and took a real history class, I was learning just how real that paradigm is in the world,” he went on. “I learned about the Native Americans and what befell them at the hands of European settlers. I learned about how the descendants of those European settlers were in turn oppressed under the tyranny of King George III. I read about Paul Revere, Tom Paine, and how Americans began an armed insurgency against British forces—an insurgency we now celebrate as the American Revolutionary War. As a kid I even went on school field trips just blocks away from where we sit now. I learned about Harriet Tubman, Nat Turner, John Brown, and the fight against slavery in this country. I learned about Emma Goldman, Eugene Debs and the struggles of the labor unions, working class and poor. I learned about Anne Frank, the Nazis, and how they persecuted minorities and imprisoned dissidents. I learned about Rosa Parks, Malcolm X, Martin Luther King and the civil rights struggle. I learned about Ho Chi Minh, and how the Vietnamese fought for decades to liberate themselves from one invader after another. I learned about Nelson Mandela and the fight against apartheid in South Africa. Everything I learned in those years confirmed what I was beginning to learn when I was 6: that throughout history, there has been a constant struggle between the oppressed and their oppressors. With each struggle I learned about, I found myself consistently siding with the oppressed, and consistently respecting those who stepped up to defend them—regardless of nationality, regardless of religion. And I never threw my class notes away. As I stand here speaking, they are in a neat pile in my bedroom closet at home.”

“In your eyes, I’m a terrorist, and it’s perfectly reasonable that I be standing here in an orange jumpsuit,” he told the court at the end of his statement. “But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the U.S. military in foreign countries, yet somehow I’m the one going to prison for ‘conspiring to kill and maim’ in those countries—because I support the mujahedeen defending those people. They will look back on how the government spent millions of dollars to imprison me as a ‘terrorist,’ yet if we were to somehow bring Abeer al-Janabi back to life in the moment she was being gang-raped by your soldiers, to put her on that witness stand and ask her who the ‘terrorists’ are, she sure wouldn’t be pointing at me.”

AIPAC Works for the 1 Percent

from Truthdig.com
Chris Hedges' Column

Posted on Mar 4, 2012

By Chris Hedges

Chris Hedges gave this talk Saturday night in Washington, D.C., at the Occupy AIPAC protest, organized by CODEPINK Women for Peace and other peace, faith and solidarity groups.

The battle for justice in the Middle East is our battle. It is part of the vast, global battle against the 1 percent. It is about living rather than dying. It is about communicating rather than killing. It is about love rather than hate. It is part of the great battle against the corporate forces of death that reign over us—the fossil fuel industry, the weapons manufacturers, the security and surveillance state, the speculators on Wall Street, the oligarchic elites who assault our poor, our working men and women, our children, one in four of whom depend on food stamps to eat, the elites who are destroying our ecosystem with its trees, its air and its water and throwing into doubt our survival as a species.

What is being done in Gaza, the world’s largest open-air prison, is a pale reflection of what is slowly happening to the rest of us. It is a window into the rise of the global security state, our new governing system that the political philosopher Sheldon Wolin calls “inverted totalitarianism.” It is a reflection of a world where the powerful are not bound by law, either on Wall Street or in the shattered remains of the countries we invade and occupy, including Iraq with its hundreds of thousands of dead. And one of the greatest purveyors of this demented ideology of violence for the sake of violence, this flagrant disregard for the rule of domestic and international law, is the American Israel Public Affairs Committee, or AIPAC.

I spent seven years in the Middle East. I was the Middle East bureau chief for The New York Times. I lived for two of those seven years in Jerusalem. AIPAC does not speak for Jews or for Israel. It is a mouthpiece for right-wing ideologues, some of whom hold power in Israel and some of whom hold power in Washington, who believe that because they have the capacity to war wage they have a right to wage war, whose loyalty, in the end, is not to the citizens of Israel or Palestine or the United States but the corporate elites, the defense contractors, those who make war a business, those who have turned ordinary Palestinians, Israelis and Americans, along with hundreds of millions of the world’s poor, into commodities to exploit, repress and control.

We have not brought freedom, democracy and the virtues of Western civilization to the Muslim world. We have brought state terrorism, massive destruction, war and death. There is no moral distinction between a drone strike and the explosion of the improvised explosive device, between a suicide bombing and a targeted assassination. We have used the iron fist of the American military to implant our oil companies in Iraq, occupy Afghanistan and ensure that the Muslim world remains submissive and compliant. We have supported a government in Israel that has carried out egregious war crimes in Lebanon and Gaza and is daily stealing larger and larger portions of Palestinian land. We have established a network of military bases, some the size of small cities, in Iraq, Afghanistan, Saudi Arabia, Turkey and Kuwait, and we have secured basing rights in the Gulf states of Bahrain, Qatar, Oman and the United Arab Emirates. We have expanded our military operations to Uzbekistan, Pakistan, Kyrgyzstan, Tajikistan, Egypt, Algeria and Yemen. And no one believes, except perhaps us, that we have any intention of leaving.

Advertisement
And let us not forget that deep inside our secret world of offshore penal colonies, black sites, and torture and interrogation centers, we practice the cruelty and barbarity that always accompanies unchecked imperial power. There were scores of graphic pictures and videos from the prison in Abu Ghraib that were swiftly classified and hidden from public view. And in these videos, as Seymour Hersh reported, mothers who were arrested with their young sons, often children, watched in horror as their boys were repeatedly sodomized. This was filmed. And on the soundtrack you hear the boys shrieking. And the mothers were smuggling notes out to their families saying, “Come and kill us because of what is happening.”

We are the biggest problem in the Middle East. It is we who legitimize the Mahmoud Ahmadinejads, suicide bombers and radical jihadists. The longer we drop iron fragmentation bombs and seize Muslim land, the longer we kill with impunity, the more these monsters, reflections of our own distorted image, will proliferate.

“If you gaze into the abyss,” Friedrich Nietzsche wrote, “the abyss gazes into you.”

I am no friend of the Iranian regime, which helped create and arm Hezbollah, is certainly meddling in Iraq, has persecuted human rights activists, gays, women and religious and ethnic minorities, embraces racism and intolerance, and uses its power to deny popular will. And yes, it is a regime that appears determined to build a nuclear weapon, although I would stress that no one has offered any proof this is occurring. I have spent time in Iranian jails. I was once deported from Tehran in handcuffs. But I do not remember Iran orchestrating a coup in the United States to replace an elected government with a brutal dictator who for decades persecuted, assassinated and imprisoned democracy activists. I do not remember Iran arming and funding a neighboring state to wage war against our country. Iran never shot down one of our passenger jets, as did the USS Vincennes—nicknamed Robocruiser by the crews of other American vessels—when in June 1988 it fired missiles at an Airbus filled with Iranian civilians, killing everyone on board. Iran is not sponsoring terrorist strikes within the United States, as our intelligence services and the Israeli intelligence services currently do in Iran. We have not seen five of our top nuclear scientists since 2007 murdered on American soil. The attacks in Iran include suicide bombings, kidnappings, beheadings, sabotage and “targeted assassinations” of government officials and other Iranian leaders. What would we do if the situation were reversed? How would we react if Iran carried out similar acts of terrorism against us?

We are, and have long been, the primary engine for radicalism in the Middle East. The greatest favor we can do for democracy activists in Iran, as well as in Iraq, Afghanistan, the Gulf and the states that dot North Africa, is to withdraw our troops from the region and begin to speak to Iranians and the rest of the Muslim world in the civilized language of diplomacy, respect and mutual interests. The longer we cling to the doomed doctrine of permanent war the more we give credibility to the extremists who need, indeed yearn for, an enemy that speaks in the same crude slogans of nationalist cant and violence that they do. The louder the Israelis and their idiot allies in Washington call for the bombing of Iran to thwart its nuclear ambitions, the happier are the morally bankrupt clerics who are ordering the beating and murder of demonstrators. We may laugh when crowds supporting [President] Ahmadinejad call us “the Great Satan,” but there is a very palpable reality that informs the terrible algebra of their hatred. And since even the most optimistic scenarios say that any strike on Iranian nuclear installations will at best set back Iran’s alleged weapons program by [only] three or four years, we can be sure that violence will beget violence, just as fanaticism begets fanaticism.

The hypocrisy of this vaunted moral crusade is not lost on those in the Middle East. Iran signed the Nuclear Non-Proliferation Treaty. Pakistan, India and Israel did not and developed nuclear weapons programs in secret. Israel now has an estimated 400 to 600 nuclear weapons. The word “Dimona,” the name of the city where the nuclear facilities are located in Israel, is shorthand in the Muslim world for the deadly Israeli threat to Muslims’ existence.

What lessons did the Iranians learn from our Israeli, Pakistani and Indian allies?

Given that we are actively engaged in an effort to destabilize the Iranian regime, given that we use apocalyptic rhetoric to describe what must be done to the Iranian regime, and given that Israel could obliterate Iran many times over, what do we expect from the Iranians? On top of this, the Iranian regime grasps that the doctrine of permanent war entails making “pre-emptive” and unprovoked strikes. And they know that if Iraq, like North Korea, had had a bomb they would have never suffered American invasion and occupation.

Advertisement
Those in Washington who advocate attacking Iran, knowing as little about the limitations and chaos of war as they do about the Middle East, believe they can cripple nuclear production and neutralize the 850,000-man Iranian army. They should look closely at the 2006 Israeli air campaign in southern Lebanon, which saw Hezbollah victorious and united most Lebanese behind the militant Islamic group. If the massive Israeli bombing of Lebanon failed to pacify 4 million Lebanese, how can we expect to pacify a country of 70 million people? But reality never seems to impinge on the neoconservative universe or the efficacy of its doctrine of permanent war.

I have watched over the years as these neoconservatives have meddled disastrously in the Middle East. The support by neoconservatives of the Israeli right wing—and I covered Yitzhak Rabin’s 1992 campaign for prime minister when prominent AIPAC donors poured money and resources into Likud to defeat Rabin—is not about Israel. It is about advancing this perverted ideology. Rabin detested these neoconservatives. When he made his first visit to Washington after being elected prime minister he dismissed requests from the lobby for a meeting by telling aides: “I don’t speak to scumbags.”

These neoconservatives, who like our own neoconservatives hide behind the rhetoric of patriotism, national security and religious piety, are not wedded to any discernable doctrine other than force. They, like all rabid nationalists, are stunted and deformed individuals, only able to communicate in the language of self-exaltation and violence.

“The nationalist is by definition an ignoramus,” the Yugoslav writer Danilo Kiš wrote. “Nationalism is the line of least resistance, the easy way. The nationalist is untroubled, he knows or thinks he knows what his values are, his, that’s to say national, that’s to say the values of the nation he belongs to, ethical and political; he is not interested in others, they are no concern of his, hell—it’s other people (other nations, another tribe). They don’t even need investigating. The nationalist sees other people in his own images—as nationalists.”

AIPAC does not drive Middle Eastern policy in the United States. I am afraid it is worse than that. AIPAC is one of an array of powerful and well-funded neoconservative institutions that worship force and drive our relations with the rest of the world. These neoconservatives choose an enemy and then our compliant class of journalists, specialists, military analysts, columnists and television commentators line up to serve as giddy cheerleaders for war. Moments like these always make me embarrassed to be a reporter. Our political elite, Republican and Democrat, finds in this ideology a simple, childish allure. This ideology does not require cultural, historical or linguistic literacy. It reduces the world to black and white, good and evil. The drumbeat for war with Iran sounded by AIPAC is part of this broad, sick, binary vision of a world that can be subjugated by force, a world where all will be made to kneel before these corporate and neoconservative elites, where none, including finally us, will be permitted to whisper dissent. Pre-emptive war, under post-Nuremberg law, is defined as a criminal act of aggression. George W. Bush, whose disregard for the rule of law was legend, went to the U.N. for a resolution to attack Iraq, although his interpretation of the U.N. resolution as justifying the invasion of Iraq had dubious legal merit. But in this current debate over war with Iran, that pretense of legality is ignored. Where is Israel’s U.N. resolution authorizing it to strike Iran? Why isn’t anyone demanding that Israel seek one? Why does the only discussion in the media and among political elites center around the questions of “Will Israel attack Iran?” “Can it successfully carry out an attack?” “What will happen if there is an attack?” The essential question is left unasked. Does Israel have the right to attack Iran? And here the answer is very, very clear. It does not.

These neoconservatives were too blind and too enamored of their own power to see what invading Afghanistan and Iraq would trigger; so too are they unable to comprehend the regional conflagration that would be unleashed by attacking Iran, what it would mean for us, for Israel, for our allies and for tens, perhaps hundreds of thousands, of innocents.

“Where there is no vision, the people perish,” the Bible warns.

And since our elites have no vision it is up to us. The uprisings from Tunisia to Egypt to Greece to Occupy Wall Street to our gathering outside AIPAC’s doors in Washington are the same primal struggle for sanity, peace and justice, for a world wrenched free from the grip of those who would destroy it. And the abject fawning of our political elite, including Barack Obama, before AIPAC and its bank account is yet another window into the moral bankruptcy of our political class, another sign that the formal mechanisms of power are useless and broken. Civil disobedience is all we have left. It is our patriotic duty. We are called to make the cries of mothers, fathers and children in the squalid refugee camps in Gaza, in the suburbs of Tehran and in the bleak industrial wastelands in Ohio heard. We are called to stand up before these forces of death, the purveyors of violence, those whose hearts have grown cold with hatred. We are called to embrace and defend life with intensity and passion if we are to survive as a species, if we are to save our planet from the ravages of corporate greed and the specter of endless and futile war.

Advertisement
The Israeli poet Aharon Shabtai, in his poem “Rypin,” translated by Peter Cole, examined what power, force and self-worship do to compassion, justice and human decency. Rypin was the Polish town his father escaped from during the pogroms.

These creatures in helmets and khakis,
I say to myself, aren’t Jews,
In the truest sense of the word. A Jew
Doesn’t dress himself up with weapons like jewelry,
Doesn’t believe in the barrel of a gun aimed at a target,
But in the thumb of the child who was shot at—
In the house through which he comes and goes,
Not in the charge that blows it apart.
The coarse soul and iron first
He scorns by nature.
He lifts his eyes not to the officer, or the soldier
With his finger on the trigger—but to justice,
And he cries out for compassion.
Therefore, he won’t steal land from its people
And will not starve them in camps.
The voice calling for expulsion
Is heard from the hoarse throat of the oppressor—
A sure sign that the Jew has entered a foreign country
And, like Umberto Saba, gone into hiding within his own city.
Because of voices like these, father
At age sixteen, with your family, you fled Rypin;
Now here Rypin is your son.