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Of Course a US President Can Murder Somebody Without Legal Jeopardy—Ain’t That Great!
“Once the foundation is there, and the people and Congress acquiesce, mission creep soon extends the immunity and impunity to other areas.”
by Kary Love
photo above: If the president does it, is it illegal? (Photo: Gage Skidmore/Flickr/cc)
WN: The Ultimate Ugly American according to this article highlighted, thanks to “mission creep” that began all the way back to Manifest Destiny and beyond, has potentially morphed into “Frankenstein USA”–then by extension, the Ultimate Global Monster…
We of course feel so much safer knowing the world is in such (in)sane hands… A whole new meaning to “He’s Got the Whole World in His Hands”… Billy Graham and George Beverley Shea, who loved that song, certainly son Franklin Graham, would simply thrill to this extension!
excerpts:
During his campaign for president, Donald Trump said that he could “stand in the middle of Fifth Avenue and shoot somebody” without losing voters.
Now, in a case before the Second Circuit Court of Appeals (and probably when appealed to the US Supreme Court), the president’s attorney William Consovoy told the three-judge panel that immunity would also temporarily shield Trump from prosecution for that act.
“This is not a permanent immunity,” Consovoy said, when asked by U.S. Circuit Judge Denny Chin to respond to a police investigation in “the Fifth Avenue example.” Judge Chin pressed Trump’s attorney if he means that, during the president’s tenure, “nothing could be done?”
Consovoy emphasized. “That is correct.”
Apparently, some people are upset with this. I cannot figure that out. It has been clear that Presidents since Harry Truman have enjoyed such immunity.
“Give em hell Harry” as he was affectionately called, began the evolution of the President from agent of the law and the people, into Imperial Caesar we all want and love. First, came the so-called Korean War. Of course, that is a misnomer—Congress which alone has the power to declare war did not do so in that case. Without a declaration of war, many thought the “war” was illegal. If there is no legal war, then the killing committed during it was not legal (killing in legal war so long as done in accord with the law of war is legal) but arguably was homicide.
…
Even today the USA has 6,000 hydrogen bomb weapons ready to go in a world with only 512 cities of over one million in population, or about 11.7 hydrogen bombs for each city. These “new and more useable” bombs are much more powerful than those used at Hiroshima and Nagasaki, so one per city would probably do the trick! That would leave lots of “extras” to finish off smaller targets.
Every President since Truman has had this power. They routinely threaten it with impunity: that is what they all mean when, in times of “crisis” the White House issues the statement: “all options are on the table.” It means: “How do you like that you so and so [insert enemy d’jour here].” We can visit a “fire and a fury “on you the likes of which you have never seen. Every President since Truman has made such threats with impunity. In fact, we, their fellow citizens, cheer them on! Walking softly but carry a big stick? Hell no! Swagger around and threaten worldwide murder! That is giving em hell, ain’t I right?
Now I could be wrong, but in my study of the illegality of nuclear weapons, I have seen not a single President called to task on making nuclear threats. Rather, the making of such threats seems to have enhanced Presidential stature—somewhat ironically given the apparent usurpation of Congress’s role in war-making. So, the foundation was laid for Presidential immunity and impunity in war declaring and making.
Once the foundation is there, and the people and Congress acquiesce, mission creep soon extends the immunity and impunity to other areas. As each President builds on the claims of those before, the President becomes the King. And soon the King claim “the law, that is me!” And, once the King gets away with that, in no time he claims to be “above the law.” Shocked? Nah, this is a good thing.
Yes, the President can not only murder someone in broad daylight on Fifth Avenue and be immune from the bar of justice—he can kill everyone on Fifth Avenue, and every other street everywhere in the world, without concern. Knowing that such power exists, and can be exercised with impunity by our Lord and King ought to make you sleep soundly tonight! God save the King! To hell with the rest of you.
Kary Love, syndicated by PeaceVoice, is a Michigan attorney who has defended nuclear resisters, including some desperado nuns, in court for decades and will on occasion use blunt force satire or actual legal arguments to make a point.
Please click on: Presidential Impunity
- [1]Please look at several articles as well on American/Western will to world domination by clicking on "Selected Articles: Western Aggression Backed by Western Media”. The series of articles is introduced thus:
The Western allies never run dry of resources to support their global war of terror and aggression, ostensibly an integral part of their foreign policy. They dynamically legislate laws lest the people awaken. They have the unbending support of the corporate media, which skilfully distorts reality. When will they ever back down from their destructive quest for colonies? Read our selection below.↩
- [2]It continued:
‘For seven months, Tiger Force soldiers moved across the Central Highlands, killing scores of unarmed civilians – in some cases torturing and mutilating them - in a spate of violence never revealed to the American public,’ the newspaper said, at other points describing the killing of hundreds of unarmed civilians. ‘Women and children were intentionally blown up in underground bunkers,’ The Blade said. ‘Elderly farmers were shot as they toiled in the fields. Prisoners were tortured and executed - their ears and scalps severed for souvenirs. One soldier kicked out the teeth of executed civilians for their gold fillings.” The New York Times confirmed the claimed accuracy of the stories by contacting several of those interviewed. It reported: “But they wanted to make another point: that Tiger Force had not been a ‘rogue’ unit. Its members had done only what they were told, and their superiors knew what they were doing. “Burning huts and villages, shooting civilians and throwing grenades into protective shelters were common tactics for American ground forces throughout Vietnam, they said. That contention is backed up by accounts of journalists, historians and disillusioned troops… ‘Vietnam was an atrocity from the get-go,’ [one veteran] said in a recent telephone interview. ‘It was that kind of war, a frontless war of great frustration. There were hundreds of My Lais. You got your card punched by the numbers of bodies you counted.’ Current likely Democratic Presidential candidate John Kerry was also quoted giving evidence before the Senate Foreign Relations Committee in 1971. He reported that American soldiers in Vietnam had “raped, cut off heads, taped wires from portable telephones to human genitals and turned up the power, cut off limbs, blown up bodies, randomly shot at civilians, razed villages in fashion reminiscent of Genghis Khan, shot cattle and dogs for fun, poisoned food stocks and generally ravaged the countryside of South Vietnam in addition to the normal ravage of war, and the normal and very particular ravaging which is done by the applied bombing power of this country. Nicholas Turse [later author of: Kill Anything That Moves: The Real American War in Vietnam], a doctoral candidate at Columbia University, has been studying government archives and said they were filled with accounts of similar atrocities. ''I stumbled across the incidents The Blade reported,'' Mr. Turse said by telephone. ''I read through that case a year, year and a half ago, and it really didn't stand out. There was nothing that made it stand out from anything else. That's the scary thing. It was just one of hundreds.'' Yet there were few prosecutions.↩
- [3]Historian John Coatsworth in The Cambridge History of the Cold War noted:
Between 1960, by which time the Soviets had dismantled Stalin's gulags, and the Soviet collapse in 1990, the numbers of political prisoners, torture victims, and executions of nonviolent political dissenters in Latin America vastly exceeded those of the Soviet Union and its East European satellites. In other words, from 1960 to 1990, the Soviet bloc as a whole was less repressive, measured in terms of human victims, than many individual Latin American countries [under direct sway of US Empire] ("The Cold War in Central America", pp. 216 - 221).
What was true for Latin America was true for around the world: massive human rights abuses, assassinations, regime changes of democratically elected governments, etc., etc., etc. orchestrated by US Empire. Yet Americans invariably have wanted it both ways: to be seen as the exemplary "City on A Hill" that upholds universal human rights and democracy, while operating a brutal Empire directly contrary to all such elevated values, and a concomitant rapacious Empire market economy that takes no prisoners. This began of course even before the founding of the United States of America and continued apace, in its mass slaughter and dispossession of indigenous peoples, in its brutal system of slavery on which its obscene wealth in the textile industry in the first place was built. "The Land of the Free" conceit was a sustained con job on the part of America's leaders. It was also apotheosis of hypocrisy. American exceptionalism was/is true in one respect only: it was brutal like no other Empire in its eventual global reach.↩ - [5]↩
- [4] The highlighted article about renowned whistle-blower Daniel Ellsberg points to again what is utterly chilling, horror-filled, exponentially beyond immoral, American (hence the world's) reality: "Daniel Ellsberg: U.S. Military Planned First Strike On Every City In Russia and China … and Gave Many Low-Level Field Commanders the Power to Push the Button". [5]He has since written The Doomsday Machine: Confessions of a Nuclear War Planner. Of it we read:
Shortlisted for the 2018 Andrew Carnegie Medal for Excellence in Nonfiction Finalist for the California Book Award in Nonfiction The San Francisco Chronicle's Best of 2017 List In These Times “Best Books of 2017” Huffington Post's Ten Excellent December Books List LitHub's “Five Books Making News This Week” From the legendary whistle-blower who revealed the Pentagon Papers, an eyewitness exposé of the dangers of America's Top Secret, seventy-year-long nuclear policy that continues to this day. Here, for the first time, former high-level defense analyst Daniel Ellsberg reveals his shocking firsthand account of America's nuclear program in the 1960s. From the remotest air bases in the Pacific Command, where he discovered that the authority to initiate use of nuclear weapons was widely delegated, to the secret plans for general nuclear war under Eisenhower, which, if executed, would cause the near-extinction of humanity, Ellsberg shows that the legacy of this most dangerous arms buildup in the history of civilization--and its proposed renewal under the Trump administration--threatens our very survival. No other insider with high-level access has written so candidly of the nuclear strategy of the late Eisenhower and early Kennedy years, and nothing has fundamentally changed since that era.↩
- [6]A classic instance of this aligning with "just war" is the United States' "war on drugs" as subset of "war on crime", while at the same time the CIA was a major worldwide drug dealer in league with other drug cartels -- all done to enhance American Empire during the Cold War -- and continues to the present. The four-part series mentioned below connects American Empire drug dealing to the current War on Terror, in particular in Afghanistan. This of course is colossal hypocrisy as well. Worse: the series posits American federal government administrations over many decades as the Ultimate Drug Cartel, with Blacks, Latinos, and generally the poor directly being knowingly poisoned en masse. Then they have been primary targets of the Drug Enforcement Agency, and thereby become victims of America's too often savage prison system that oppresses and brutalizes them all over again... See: "The War on Drugs Is a Failure, So [Attorney General] Jeff Sessions Is All for It". A citation from the article reads:
In June [2017], the History Channel aired a four-part documentary series called America’s War on Drugs.” The series asserts that the war on drugs was actually a war of drugs—and that the CIA was essentially a partner in spreading drugs and drug use. The series follows how the U.S. intelligence agency, in an obsession with fighting communism, allied itself with U.S. organized crime and foreign drug traffickers and includes firsthand accounts from many involved. In an interview with Truthdig columnist Sonali Kolhatkar on her radio program “Rising Up With Sonali,” the series’ executive producer, Anthony Lappé, explains why the CIA got involved:
It’s actually a pretty mind-blowing story when you look at the extent to which the CIA was involved with drug traffickers and drug trafficking throughout the Cold War. … If you look at Cold War policy against the Soviet Union, we were locked in a global battle for supremacy, where we have lots of proxy wars going on. … We needed to team up with local allies, and often the local allies we were teaming up with were people who had access to guns, who had access to underground networks, to help us fight the perceived threat of communism. There are actually a lot of similarities between what drug traffickers do and what the CIA does.
Lappé elaborates by saying the hypocrisy of the war on drugs has been evident from the start: Secret CIA experiments with LSD helped fuel the counterculture movement, leading to President Richard Nixon’s crackdown and declaration of the war on drugs. The series also explores the CIA’s role in the rise of crack cocaine in poor black communities and a secret island “cocaine base.” In addition the documentary makes the connection between the war on drugs, the war on terror and the transformation of Afghanistan into a narco state and contends that American intervention in Mexico helped give clout to Joaquín “El Chapo” Guzmán and the super cartels, making it easier to send drugs across American borders. Watch Kolhatkar’s full interview with Lappé by clicking here. Please also see the now classic: The Politics of Heroin: CIA Complicity in the Global Drug Trade, by noted American historian Alfred McCoy. Of it we read:The first book to prove CIA and U.S. government complicity in global drug trafficking, The Politics of Heroin includes meticulous documentation of dishonesty and dirty dealings at the highest levels from the Cold War until today. Maintaining a global perspective, this groundbreaking study details the mechanics of drug trafficking in Asia, Europe, the Middle East, and South and Central America. New chapters detail U.S. involvement in the narcotics trade in Afghanistan and Pakistan before and after the fall of the Taliban, and how U.S. drug policy in Central America and Colombia has increased the global supply of illicit drugs.
To be noted as well is Johann Hari's Chasing The Scream, which tells the tragic tale of America's long-standing offensive against drugs, and the way to end such a war worldwide -- that several nations are successfully embracing.↩