Russia's military actions highlight the President's convoluted
legal arguments behind the invasion of Iraq, PNAC, and his cynical
confrontation with Russia.
The President and Congress have
largely failed to enforce the laws of war. It is absurd for the
American government to attempt to hold Russia to legal standards
Americans refused to enforce.
DoD Emails Undermine President's Position Against Russia
The
President's agenda was founded on an illegal perversion of the laws of
war. He threw the laws out the window, and said that propaganda was
sufficient to defend his actions.
The DoD emails show the world
the American President personally spoke with military analysts to drum
up the case for war against not just Iraq but Syria:
Illegal propaganda, illegal warfare: "a lot was moved by Saddam's people from Iraq into Syria"
Russia Destroys PNAC's Legal Foundation
The
American government's hypocrisy on the laws of war created an unstable
foundation for the American government. The roots of the hypocrisy
extend to the now-discredited PNAC agenda.
The Project for the
New American Century relied on legal opinions perverting the laws of
war to justify illegal warfare, pre-textual invasion, and war crimes.
The Americans since 2001 have abused power and violated the Geneva
Conventions.
This President argued he was above the law. He
said, as documented in the DoD emails, the PNAC agenda should guide
Americans to impose American values ti reshape the world:
Imperial President: "when we invaded iraq we let syria and iran know they were next"
The
PNAC legal foundations were unalwful, and largely unchallenged until
Russia challenged the Georgian's illegal provocations along her souther
borders.
PNAC HypocrisyThe President, in
challenging Russia, is arguing against the American agenda and legal
framework adopted to justify his illegal activity. The President has to
opinions on whether the PNAC legal foundation should or should not be
thrown out the window. The President, long disdainful off
accountability, has a new (disingenuous) religion and an expansive love
of legal standards.
Bush's Illusion: The
perverted, ignored laws suddenly have taken on new meaning: A new
standard to impose on others, but one to continue to explain away at
home as unworthy of concern.
The President has no real
love of the laws of war. He's merely looking for an excuse to distract
attention from his war crimes against civilians.
DOJ OLC is
hard pressed to explain why the Russians should comply with the legal
standards DOJ OLC said were not applicable to the American President.
Even the Attorney General says he will not enforce these standards at
home.
The American President has no coherent plan to:
1. Explain his reversal on legal standards;
2. Justify embracing a standard he earlier said did not apply; and then
3. Convince reasonable American the Russians should be bound by legal standards the AG and DOJ OLC said do not warrant a response to Congress.
US Govt Disingenuous About Russian Combat OperationsThe
President fails to understand that Russia's actions
along her border are lawful, and consistent with her internal security
requirements. The buffoon in the Oval Office needs a geography lesson:
Iraq, unlike Georgia on Russia's border, is not on America's border.
It is irrelevant how the Russians achieved their
legal
justification. This American President and the law are not in the same
universe. The DoD emails show the President fabricated a pre-text to
plan for the illegal invasion of Iraq, then Syria, then Iraq.
Propaganda, not the law applies: "they're training terrorists right now in Syria to go into Iraq"
Unlike
Iraq many thousands of miles away from America and not an imminent
threat to American civilians, Georgia took illegal action along
Russia's border against
civilians holding Russian passports. No propaganda is required when there is an
unfolding threat to Russian citizens.
GenevaThe American President and Congress have no legal foundations used to question Russia's decision to address an
internal
security requirement along her southern border. The Geneva Conventions,
once ignored, cannot be revived. Once one power ignores the laws of
war, they have no legal justification to prosecute anyone for similar
violations.
Geneva does not allow the United states to attempt to enforce any legal
requirement a the United States has substantially ignored, not enforced, or violated.
In
their response to Russia, PNAC and the DOJ OLC lawyers have cast their
perverted legal architecture out the window. Whether Russia has or has
not complied with the laws of war is irrelevant. These are questions
the the American President
and Congress cannot adequately explain to the public:
A. Which ignored legal standard does DOJ OLC plan to impose on Russia; and
B. How does DOJ OLC explain attempting to impose on Russia a legal standard PNAC, the President, and Congress said no longer applied?
There is no legal foundation for this
President or Congress
to question Russia: Those legal principles are ones this Congress,
President, and Attorney General to not recognize. The Attorney General
says all DOJ OLC memos 'legalized' the war crimes:
MUKASEY: "When it comes to past conduct, one of the many questions
involving past conduct, in addition to what was done, is, what
authorizations were given, what authorizations were reasonably relied
on?"
Those
ignored legal standards
cannot be exported as requirements on foreign powers. Even if Russia
had violated any applicable law, the President and Congress have
another problem: A history of lack of enforcement establishes those
legal standards cannot be
selectively enforced.
Comparing American Atrocities in Iraq to Russian Actions in GeorgiaWar
isn't pretty. The press reports from both Georgia and Iraq have not
been free from bias. The number of civilian deaths in Iraq is
estimated, in one study, to be several hundreds of thousands:
BBC: "One study, published by the Lancet medical journal in
October 2006, suggested that about 655,000 people had died in Iraq as a
result of the 2003 invasion."
The Russians are getting blamed for
killing civilians.
Strange, when the Americans were charged with genocide in Iraq, the
President laughed it off as collateral damage. Rather than take
responsibility for the American abuses, the President blamed the
civilian casualties on
Iraqis:
"As democracy takes hold in Iraq, the terrorists and Saddamists will continue to use violence"
This
video shows the American president was willing to risk more deaths. The issue isn't that there are civilian deaths in Georgia, but the
American President has a new excuse to distract attention from the Iraqi civilians he
and others killed with an illegal invasion.
If the world wants to raise concerns about Russian actions in Georgia,
the world must ask about the Georgian actions; and the American abuses
in Iraq.
The
American government likes the Russian response to the Georgian
provocations: They distract attention from American war crimes and
Member of Congress collusion with the illegal activity in Iraq.
The
President invoked the "I'm a wartime President," as an excuse not to
respond to Congressional questions and assert executive privilege.
There is no reason this President should be surprised why the Russians
are not timely responding to America:
DOJ OLC Torture Memo: "In wartime, it is for the President alone to decide what method us use to be prevail against the enemy."
The
President cannot explain why this legal standard does not apply to
Russia's government. The war criminal-lawyers inside DOJ OLC want to
have it both ways, and argue that the
Russian President must rely on NATO-US agreement on how Russia secures its borders.
Bush's Convoluted Rules
A. The President gets to decide to ignore the laws of war;
B. The President can, outside Geneva, create a new standard that he holds Russia to;
C.
The President hopes nobody notices the similarity between how he views
Geneva re Russia and FISA: Ignore the real requirement; and then
attempt to apply new standards.
This is absurd.
DOJ OLC argued the opposite when it came to American Presidential
power. This United States government is arguing against itself.
Anything this DOJ OLC-President argue about Russia must be thrown back
at the lawyers:
A. How can the American President be above the standards imposed on Russia, a sovereign power; conversely,
B.
If the Russians are required to comply with any legal requirement, why
hasn't the American President and Congress shown by example they are
willing to comply with and enforce that legal "requirement"?
C.
If these legal standards are applicable to Russia, why doesn't the
American Attorney General see them suitable for enforcement against the
American government?
Members of Congress must explain why they did not demand since 2001 the
American President answer questions the Russians are "required" to
answer. The illusion is Congress has no control over the President; but the
President and Congress can control Russia. Strange, Pelosi claims she
cannot stop the war in Iraq, yet John Yoo writes:
"The legislative power should have a right to disband [a standing army] as soon as it pleased." [Yoo, 84 Calif. L. Rev. 167]
Anything the President or others say about Russians in Georgia should
be asked by Congress of the President about his military campaign in
Iraq and Afghanistan:
A. Why was this force used;
B. Why are these civilian deaths occurring, under which policy;
C. What is the legal basis for these actions, how is this uniformly enforced;
D. Why aren't the POWs being immediately cared for under the Geneva Conventions;
E. Why weren't captured non-combat-connected equipment and civilians immediately returned to their home countries; and
F. Who is responsible for establishing these illegal policies supporting war crimes against Iraqi civilians?
The American President blamed "ongoing combat operations" as the excuse
not to respond to the law and Congressional oversight. Last time we
checked Congress doesn't oversee Russia. Congress has enough trouble
explaining away the decrepit lawn on the
nation's mall.
When Congress can manage lawns, the
world might take seriously their "concern" about civilian deaths
overseas. Since 2003, Congress yawned when hundreds of thousands
of Iraqi civilians, mercilessly slaughtered by this President's war
criminals. Returning American veterans report the leadership
encourages war crimes against Iraqi civilians.
Congress: Incompetent Domestic ConfrontationCongress
has proven powerless and incompetent in using power to confront the
President. The world cannot take seriously any Congressional threat
against a sovereign power. Congress' idea of a declaration of war is to
write a letter asking for cooperation.
The President hasn't timely answered questions about his illegal warfare. Members of Congress have not made the case why they
tolerate a non-response from the President, but might require Russia to respond.
When
America cleans up the cess pool inside the Oval Office and explains the
Bush-led genocide in Iraq, perhaps the Russians might
consider responding to questions about civilian deaths in Georgia.
The
way forward is for Americans to reconsider Yoo's words and discuss
changing the American constitution to more effectively constrain
executive power, which this Congress, in defiance of its oath, refuses
to do:
Yoo: "South Carolina's radically
different constitution is the exception that proves the rule: it was the
only state to restrain the executive's war powers by placing
decision-making authority in war in another branch of government. If
the Framers of 1787 had wanted to adopt either South Carolina's system,
or a system requiring consultations with other bodies such as a council
or Senate, they had a clear example to follow."
Time
for the Congress to call Yoo to testify about war powers in light of
the turn of events in Georgia. Does he still have the same views; or
are there times when the Executive should be able to blame another
branch of government for letting him do something foolish?
The decider should decide whether he wants to be the leader. The village is waiting.