Goodbye "Inalienable Rights"

Gitmo 'Justice' for US Citizens?
By Robert Parry
July 21, 2008
A conservative-dominated U.S. Appeals Court has opened the door for President George W. Bush or a successor to throw American citizens – as well as non-citizens – into a legal black hole by designating them “enemy combatants,” even if they have engaged in no violent act and are living on U.S. soil.
The federal Appeals Court in Richmond, Virginia, ruled 5-4 on July 15 that Bush had the right, while prosecuting the “war on terror,” to hold Qatari citizen (and Peoria, Illinois, resident) Ali al-Marri indefinitely as an “enemy combatant.”
But some of the court’s more liberal judges expressed alarm, saying the legal reasoning that denied al-Marri meaningful due process not only trampled on American legal traditions but could be used to lock up U.S. citizens as well.
“For over two centuries of growth and struggle, peace and war, the Constitution has secured our freedom through the guarantee that, in the United States, no one will be deprived of liberty without due process of law,” wrote Judge Diana Motz, a Bill Clinton appointee, who dissented against the court’s approval of sweeping presidential powers.
[...] Currently, the U.S. Supreme Court has a slim 5-4 majority in favor of limiting Bush’s authority to deny basic constitutional rights to people designated “enemy combatants,” but the replacement of one member of the majority with another Alito or Roberts would tip the balance and effectively permit the rewriting of the U.S. Constitution.
Though the July 15 ruling was convoluted and did call for a federal District Court to afford al-Marri some more rights, the Appeals Court decision effectively upheld Bush’s assertion of nearly unlimited power to have people detained as “enemy combatants.”
The ruling suggested that even American citizens – if they are deemed “enemy combatants” – could be subjected to Bush’s military commissions, where truncated legal rights make proving a person’s guilt much easier than in civilian courts.
Stunned Realization
Previously, the New York Times editorial page and some liberal legal experts had criticized Bush’s high-handed approach toward non-citizens, but had assured Americans that the military commissions would not apply to them.
But at Consortiumnews.com, we noted that language buried in the Military Commissions Act of 2006 seemed to cover – indeed even target – U.S. citizens. [See “Who Is ‘Any Person’ in Tribunal Law? or our book, Neck Deep.]
For instance, one section dealing with penalties stated that “any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission,” according to the law.
Another clause stated that “any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States ... shall be punished as a military commission … may direct.” [Emphasis added]
[...] But it took the Appeals Court ruling – and the blunt language from Judge Motz about denying constitutional rights to U.S. citizens – to catch the New York Times’ attention.
In a July 20 editorial, the Times wrote that the Appeals Court's “decision gives the President sweeping power to deprive anyone – citizens as well as non-citizens – of their freedom. …
“The implications are breathtaking. The designation ‘enemy combatant,’ which should apply only to people captured on a battlefield, can now be applied to people detained inside the United States. Even though Mr. Marri is not an American citizen, the court’s reasoning appears to apply equally to citizens.”
[...] In effect, Bush’s interpretation of his own powers – allowing him to imprison, torture and kill at his discretion – trumps the Founders’ vision that everyone possesses certain “unalienable rights” that a government can’t take away.
[...] In siding with Bush, conservative Appeals Court judges noted al-Marri had offered only a general denial of the accusations against him and failed to rebut the specific charges. Al-Marri’s lawyers argued that their client should have a right to confront his accusers and not be put in a position of having to prove his innocence.
[...] “While a showcase of American values, an open and public criminal trial may also serve as a platform for suspected terrorists,” [Judge Harvie] Wilkinson [a Ronald Reagan appointee who is often cited as a possible Republican Supreme Court nominee].wrote. “Terror suspects may use the bully pulpit of a criminal trial in an attempt to recruit others to their cause. Likewise, terror suspects may take advantage of the opportunity to interact with others during trial to pass critical intelligence to their allies.”
[...] “A citizen, no less than an alien, can be an enemy combatant,” [my bold] administration lawyer David B. Salmons told the Appeals Court in oral arguments on Feb. 1, 2007, adding that the courts cannot interfere with the President’s wartime judgments on such matters.
Salmons insisted that Bush is not interested in using this power too broadly, but argued that the judgment on whom is deemed an “enemy combatant” must solely be at the discretion of President Bush. [NYT, Feb. 2, 2007]
What may be decided in Election 2008 is whether the U.S. Supreme Court will be stocked with like-minded legal theorists.
http://www.consortiumnews.com/2008/072108.html

Nazis in the White House

The story about the Buses involvement with the Nazi Party isn't new, but still needs to be spread far and wide. Here is an abridged version of Robert Parry's report on our First Family Nazis:
The Bushes and Hitler's Appeasement
By Robert Parry May 18, 2008
The irony of George W. Bush going before the Knesset and mocking the late Sen. William Borah for expressing surprise at Adolf Hitler’s 1939 invasion of Poland is that Bush’s own family played a much bigger role assisting the Nazis.
[...] The archival evidence is now clear that Prescott Bush, the president’s grandfather, was a director and shareholder of companies that profited from and collaborated with key financial backers of Nazi Germany.
That business relationship continued after Hitler invaded Poland in 1939 and even after Germany declared war on the United States following Japan’s bombing of Pearl Harbor in December 1941. It stopped only when the U.S. government seized assets of Bush-connected companies in late 1942 under the “Trading with the Enemy Act.”
[...] One can trace the origins of this story back more than a century to the emergence of Samuel Bush, George W. Bush’s great-grandfather, as a key manager for a set of powerful American business families, including the Rockefellers and the Harrimans. [See Consortiumnews.com’s “Bush Family Chronicles: The Patriarchs.”]
That chapter took an important turn in 1919 when investment banker George Herbert Walker teamed up with Averell Harriman, scion to a railroad fortune, to found a new investment banking firm, W.A. Harriman Company.
[...] In 1921, Walker’s favorite daughter, Dorothy, married Samuel Bush’s son Prescott, a Yale graduate and a member of the school’s exclusive Skull and Bones society.[...]
Three years later, Dorothy gave birth to George Herbert Walker Bush in Milton, Massachusetts.
Lifted by the financial boom of the 1920s, Prescott and Dorothy Bush were on the rise. By 1926, George Herbert Walker had brought his son-in-law in on a piece of the Harriman action, hiring him as a vice president in the Harriman banking firm.
[...] By the mid-Thirties, Prescott Bush had become a managing partner at the merged firm of Brown Brothers Harriman. The archival records also show that Brown Brothers Harriman served as the U.S. financial service arm for German industrialist Fritz Thyssen, an early funder of the Nazi Party. [my bold]
Thyssen, an admirer of Adolf Hitler since the 1920s, joined the Nazi Party in 1931 when it was still a fringe organization. He helped bail the struggling party out with financial help, even providing its headquarters building in Munich.
Meanwhile, Averell Harriman had launched the Hamburg-Amerika line of steamships to facilitate the bank’s dealings with Germany, and made Prescott Bush a director. The ships delivered fuel, steel, coal, gold and money to Germany as Hitler was consolidating his power and building his war machine.
Other evidence shows that Prescott Bush served as the director of the Union Banking Corp. of New York, which represented Thyssen’s interests in the United States and was owned by a Thyssen-controlled bank in the Netherlands.
[...] In 1941, Thyssen had a falling out with Hitler and fled to France where he was captured. Much of Thyssen’s empire went under the direct control of the Nazis, but even that did not shatter the business ties that existed with Prescott Bush and Harriman’s bank.
It wasn’t until August 1942 that newspaper stories disclosed the secretive ties between Union Banking Corp. and Nazi Germany.
After an investigation, the U.S. government seized the property of the Hamburg-Amerika line and moved against affiliates of the Union Banking Corp. In November 1942, the government seized the assets of the Silesian-American Corp. [For more details, see an investigative report by the U.K. Guardian, Sept. 25, 2004.]
[...] For most public figures, allegations of trading with the enemy would have been a political kiss of death, but the disclosures barely left a lipstick smudge on Averell Harriman, Prescott Bush and other business associates implicated in the Nazi business dealings.
[...] Indeed, the quick dissipation of the Nazi financial scandal was only a portent of the Bush family’s future. Unlike politicians of lower classes, the Bushes seemed to travel in a bubble impervious to accusations of impropriety, since the Eastern Establishment doesn’t like to think badly of its own. [For details, see Robert Parry’s Secrecy & Privilege.]
To this day – as President Bush showed by mocking the long-forgotten Sen. Borah and then wielding the Nazi “appeasement” club against Barack Obama and other Democrats – the assumption remains that the bubble will continue to protect the Bush family name.
However, the evidence from dusty archives suggests that the Bush family went way beyond appeasement of Adolf Hitler to aiding and abetting the Nazis.
http://www.consortiumnews.com/2008/051808.html#When:03:50PM
Lots more can be found by just googling any of the above names. A good place to start is the chapter, Bush Crime Family Tree, on the blog, Project for the Old American Century: http://www.oldamericancentury.org/bushco/bush_crime_family.htm