Re-establishing the Law

(10 am. – promoted by ek hornbeck)

I say re-establishing because there is presently no rule of law.  I mean that literally.  I don’t know what rules now in our country, but it is not the law.  There are people with power and other people who have no power and are therefore subject to the authoritarian political and police structure we now have in place.

There is no law which covers all equally.  Nor are there any laws now which protect all equally.  At this moment, if those in authority wish, they can act against us in a way where we are not protected by the law — but they are, of course … they are.  If we whistle blow they will have the protection of all the lawyers they wish and no doubt many judges.

There are many arguments from my fellow liberals who oppose prosecuting those who have committed torture by their authority, if not at their own hands.  The political argument is especially revolting, but I am not writing about that tonight.

The argument I’m referring to is viewing this struggle as motivated by revenge.

Let me be clear.  I believe that if the real truth comes out and the majority of American citizens (not to mention the rest of the world) are fully informed as to what has been done by human beings to other human beings, there will be feelings of revenge aplenty.  That will no doubt be the first reaction from many folks, along with denial, defensiveness, hostility, compassion, you name it — many emotions but all great in strength.

To me, that is the very reason there should be a fair trial, that those prosecuted be presumed innocent until proven guilty.

I love Frankenstein movies, and there are times I could have seen myself joining the torch bearing crowd, but not in this instance.  There’s something I need even more in this instance, when it comes to torturing, to committing the ultimate tyranny over another human being, the very kind of behavior that caused the American Revolution, the fight against tyranny.

See, if we just allow this moment to pass, we only draw out our own pain.  The effect of actions this egregious are not going to vanish in a lovely mist if ignored.  One of the grave consequences of ignoring this is that the heaviest responsibility for continuing the fight will stay with the few who are already weary, who already need expansion and fellowship, not more burdens to carry.

But mark my words, justice will be done.  It can be ignored, faced with half-measures, although perhaps very intelligent and well meant half-measures.  It is not up to those in power to tell me as a citizen what is and is not justice.

That’s what our Constitution is for.  The laws that are supposed to be equal for all, that we are all equal under the law.

If that is just a lie, then I’d like to find that out.

If it is not, then a fair trial under the justice system outlined in our Constitution, is the only way to avoid revenge, but more importantly, avoiding further torture for those who have already been tortured.

To me, this is not about President Obama (and yes, it feels very good to write that).  It’s about me.  And it’s about my fellow citizens.  It’s about my own rights and powers under the law.

So here I am.  This is one response to one of the many obstacles I am seeing when it comes to honestly persuading our fellow citizens that this is not something to fear or fight, that the exercise of the laws of this land, the re-establishment of what we instinctively value in our Constitution, is a good thing, to have a fair trial is a good thing, to say “you are innocent until proven guilty,” something too many human beings were never told, is a good thing.

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  1. … Big Apple winter wage-slave Wednesday.

    Hope everyone is doing well.

    • kj on January 22, 2009 at 03:22

    Midwestern wage-slave Wednesday night here.  ðŸ™‚

    which means of course, i’m incapable of any deep thought or response, but wondering if maybe the decision about where to place our energies (individual and collective) isn’t a part of people’s decisions about this issue.  at least, it is mine.  i signed and left a comment.  but that pursuit, as worthy as it is for at least a dozen thousand reasons… isn’t one i chose to make.  and it might be because i’m too weak and tired and disgusted to deal with what remains of bush/cheney. that i think the rot and smell have yet to begin to be acknowledged and unhidden, but i’m chosing to move away from those days.  that isn’t right or wrong, it’s just a choice among many choices.

    and yeah, again, a dozen thousand arguments against the work being ‘revenge,’ but that energy is there and way too easily tapped into for my taste.  i’ve already seen it and of course, seen it in myself.  this is one i don’t want to carry.

    that is all.   (probably not!  lol)

  2. You can find it here.  What does he say?

    HAYDEN: The question of waterboarding is kind of an uninteresting question for CIA. It’s not something we have done for nearly six years now. We’ve made very public that it was done on three individuals.

    Ok.  We tortured people.  But… but… it was only THREE people we tortured!

    HAYDEN: Right. He had a chance this past weekend, in responding to some questions, to talk about looking forward and looking backward. And I think he was quite appropriately — and certainly very heartening to this Agency – talking about looking forward. Catherine, look at the circumstances. The Agency was asked to do certain things. The Agency, in a sense, was thrown into the breach, when it comes to interrogating Al-Qaida. There was overall agreement that the nation was at great risk. There was overall agreement that these techniques would work. And they did. Now, honest men can differ about whether or not they wanted to do this or not, but you can’t dismiss the fact that the techniques worked and led to critical, life-saving information. So the Agency stepped up. But it stepped up out of a sense of duty, not out of enthusiasm.

    Ok.  We tortured people.  But… but… we didn’t ENJOY doing it!

    HAYDEN: Sure. The Army Field Manual was designed for certain purposes, and certain skills and certain circumstances. It was designed for a certain kind of detainee, it was designed for a certain kind of interrogator, it was designed to elicit or induce certain kinds of information. If the nation decides that is what it wants to be its limits, it really has to give us that direction in some sort of authoritative statement – an executive order or legislation. But before we did that, I think the nation needs to understand that no one claims that the Army Field Manual exhausts the universe of lawful interrogation techniques. And so I think there is some merit in having a discussion, as we look at what the Army Field Manual is and what the larger universe is – and if we decide that, “Outside the Army Field Manual is lawful but I still don’t want to do it,” or, “Outside the Field Manual, lawful, I think we ought to consider it.” But that is a logical dialogue. That is what I think we should do. Now, to emphasize something. The Agency will do what it is told. It will respect the limits that it is given. And I need to emphasize this, with the occasional comment about a “rogue agency” and so on. These are very law-abiding, patriotic Americans.

    Ok.  We tortured people.  But… But… we are PATRIOTIC AMERICANS and are LAW ABIDING torturers!!!!

    Gods… put Hayden to the Hague with Bush and Rumsfeld!

  3. is the only issue. The only one which matters. All the surrounding issues are just that. They gravitate around the LAW. Writ large. All else is politics the whore. How to convince people that the laws we developed over eons are what keeps us safe from each other is hard. So simple yet so complex when politics rule and ideology/religion is used to sway, to poison our better instincts.

    Obama is a pol.A good one I hope, but that should not be where I hang my star. We need somehow to get to a place where humanity the earth is our interest, it is beyond the monkey politics. Where we see all see the need for the LAW. of nature of man. The law that we all know is alive somewhere and exists as a way to to proceed for our own continuation. Laws that are man’s laws that are natures. A law that is writ on our hearts and souls the one we all know.    

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