One GOP theme has been putting country first,
before party.  Putting aside the false dichotomy, the claim contradicts the  email evidence.

The DoD emails show the United States government supported an unlawful,
disproportionate use of force in violation of the laws of war.

The President has been linked with the DoD emails. His staff is mentioned as having met to discuss the military analysts.

What the GOP neglected to mention was that they're using the
idea of country to justify something not lawfully permitted: A wider
crusade to impose American values regardless the legality of that
Agenda.

Just War Theory

There are legal standards regulating how much force may be lawfully used. This is the principle of proportionality. The use of lawful force must be proportionate to the threat. When a country uses disproportionate force, they have under the laws of war committed a war crime.

The Administration knew or should have known there ewas no imminent threat from Iraq. To distract from the lack of imminent threat -- a clear war crime -- one discussion in the DoD emails shows a nuanced argument: To find a method to justify a disproportionate use of force.

The Administration has distracted attention from the legal standards related to an imminent threat,
and focused on the ethics of warfare: When is a disproportionate use of force morally
-- not legally -- justified.

Subordinating Laws of War To Just War Exceptions

Under a Just War theory (Jus ad bellum) , the religious leadership said the rules related to a just war can be waived during a crusade. In the view of the clergy, diisproportionate force can be used to achieve success:

disproportionate measures are required to achieve success

America's leadership has sought, in the wake of 9-11, jus in bello justice in war, regardless the legality of the war itself. 9-11 was the excuse to wage warfare. The DoD emails show the planned expansion of this warfare from Iraq was into Syria and Iran.

The DoD emails show the Administration and military analysts exchanged ideas on justifying a disproportionate, and illegal use of force. A reasonable conclusion is the United States, after 9-11, viewed itself as being in a crusade against all others who did not embrace the American agenda.

This explains why the Administration supported using nuclear weapons against Iran:

7535:
Advocating disproportionate force:

"First, that we couldn't allow ourselves to
be weakened by empty rhetoric urging a 'proportional response.' Our
response to the 9-11 attacks had to be decisive, and to be so our
counterattack had to be in proportion to our strength and not the enemy's relative size or weakness."

The irony is the Administration was arguing to use nuclear weapons against Iran for their possible use of nuclear weapons. Certain warfare today by the United States to thwart a possible, speculative future war by someone else. That fails to meet the "imminent threat" standard required under the laws of war.

The GOP with DNC collusion have jointly embraced an illegal justification for an unlawful use of force: The American leadership have implicitly embraced the excuse of a crusade as an illegal exception to the laws of war permitting only proportionate use of force.

The Americans changed the debate from whether the use of force was lawful or linked with an imminent threat; to whether the amount of force could be justified.

Do we wage illegal war using big bombs or nuclear bombs?

The issue isn't whether the party or country should be first; but for the American civilian leadership to be held accountable for putting the rule of law second to both their party and unlawful national military objectives.

Senators Obama and McCain have -- now -- the power to lead investigations in the Senate. What both refuse to do as Senators is a signal of what they have no plan to do as Commander in Chief or President:

Lead an effort to ensure America's civilian leadership remain accountable to the rule of law when the Federal Government and States refuse to put the law before party.

We need something more than empty rhetoric. We need leadership in the Senate.

Discussion Questions

Food for thought:

A. GOP Agenda of War Crimes Justification

To what extent is the the "country first"-theme intended to justify a false choice between the party and the country?

B. Distraction from Geneva

Why is there a distraction from the lack of imminent threat in the DoD emails, with the false claim that disproportionate power may be used?

C. Prosecuting GOP Civilian Leadership

What is to be said of civilians who distract attention from legal standards, and make excuses to use disproportionate force against non-military targets which are not imminent threats?

D. GOP Reckless Geneva Compliance Program

What can we say about civilians who distract attention from legal compliance programs under the laws of war to whether or not they can hide or destroy evidence of those war crimes?

E. Loyalty to Party and Deception

Why should there be a truth a reconciliation process where witnesses are granted immunity when the witnesses before Congress have lied under oath despite a promise of immunity from prosecution?

Disingenuous Truth and Reconciliation

It is absurd to seriously discuss a "truth a reconciliation" process on the issues of American war crimes. The Americans have not shown an interest in complying with disclosure or any truth. Even when promised immunity from prosecution, the American witnesses (Goodling, Libby) before Congress and the Grand Jury have lied.

The Americans are not interested in disclosing the truth. They're interested in putting their party agenda before the national security interests of the United States.

America's security interests depend on legal compliance program. The Americans have not shown a respect for the rule of law, but for the excuses to justify disproportionate force.

Senators McCain and Obama have jointly not provided the expected leadership in the Senate on the issues of war crimes. To show they are serious about change, the Senators must outline their plan -- now, as Senators -- to lead in the Senate their plan to conduct fact finding.

The American approach to post 9-11 events has been a reckless disregard for civilized rules. The American political leadership has made excuses for barbarity. The FISA requirements were applicable during wartime. The DoD emails show there was an arrogant discussion to distract attention from the laws of war and lawful use of force; and focus on creating excuses for the disproportionate, illegal use of force.

These are not moral questions. These are issues of international criminal law. The civilian leadership in the United States -- at the Federal, State, and local levels -- has been complicity with this illegal activity. They've embraced the war crimes as a policy; continued to refuse to challenge that illegal activity; and have not timely led prosecution efforts or investigations at the local, state, or federal level.

America's Leadership Problem

This is a reckless collapse of law and order. The Constitution does not expressly prevent the military from arresting civilian leaders who refuse to enforce the Geneva Conventions; and timely ensuring this is a peaceful transfer of power to the next in line to the leadership positions.

The American political parties have recklessly wasted time pretending they are for a legislative agenda, and failed to ensure the American Constitution and Geneva Conventions were fully enforced, as required by oath. The American leadership cannot be trusted.

GOP Rallying Americans For War Crimes

The worst thing is for the GOP to argue for "America first" when America under GOP has been an outlaw nation. "America first" is a code word meaning, "Ignore all legal constraints on the myth of 9-11." 

The GOP leadership, not American citizens in combat gear, should be first in line to the war crimes tribunals. Until America confronts this reckless disregard for the rule of law at
home, foreign powers might conclude American can only be subdued using
military force.

The GOP leadership is actively mobilizing Americans to ignore the laws of war, and rally around the flag.

We must rally around the rule of law, not the criminals leading the GOP and DNC -- the domestic enemies of American citizens and the Constitution. There is no statute of limitations for war crimes, especially for those at the local, state, and federal level who have been complicit with this illegal activity, and decision not to enforce the law.