American Justice

[Y]esterday in American justice, a three-judge panel of a federal appellate court in Virginia upheld the dismissal of a lawsuit brought against Donald Rumsfeld and other Bush officials by Jose Padilla, the U.S. citizen who was imprisoned for almost three years without charges or even a lawyer and was systematically tortured to the point of permanent mental incapacitation. Padilla sued the former Defense Secretary on the ground that he had authorized Padilla’s illegal imprisonment and torture. The Obama DOJ vigorously defended Rumsfeld, arguing (a) that Rumsfeld is entitled to immunity on the ground that he had reason to believe his acts were legal and (b) an American citizen has no right to sue a government official for the treatment he receives as a designated “enemy combatant” — even if the treatment in question is torture and prolonged imprisonment without charges.

  Glenn Greenwald

Two unconscionable and illegal acts.

Even as [terror victims aka enemy combatants] have been able to pursue claims against foreign officials in countries around the world, often successfully, the Bush and Obama DOJs have insisted, and courts have agreed, that they have no right even to be heard in an American court against the country and its officials most responsible for their (often savage) mistreatment — even if everyone acknowledges that they were completely innocent.

[...]

Regarding this heinous story about a campaign manager of a Democratic House candidate in Arkansas coming home to find his child’s cat murdered with the word “LIBERAL” scrawled on the cat’s corpse, a picture of which made its way to the Internet to highlight how horrible a crime it was, one commenter applied the Obama mentality as follows: “We should look forward, not back on this cat killing. But perhaps whoever released that photo should be prosecuted.” And about the Kirakou case, John Cole sarcastically celebrated: “At Long Last, Someone Will Face a Waterboarding Related Prosecution, and then added: “He’s being prosecuted for blabbing about what happened- not the actual crime itself.”

[...]

Although the DOJ ultimately decided yesterday against indictments of the lawyers in the case who [attempted to determine which CIA agents actually tortured Gitmo prisoners], the very fact that the DOJ criminally investigated them at all is self-evidently dangerous. About that investigation, ACLU Executive Director Anthony Romero told Savage that “it — and the Obama-era leak investigations more broadly — had had a ‘chilling effect on defense counsel, government whistle-blowers, and journalists’.” That, of course, is exactly its purpose.

[...]

The Rules of American Justice are quite clear:

(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.

(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.

(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.

(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage – and will have the full weight of the American criminal justice system come crashing down upon you.

[...]

When the purpose of American justice is to shield those who with the greatest power who commit the most egregious crimes, while severely punishing those who talk publicly about those crimes, it’s hard to imagine how it can get much more degraded or corrupted than that.

It’s long past time to rip those blindfolds off of the Lady Justice statues.