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OpEdNews Op Eds    H1'ed 2/7/13

It Has Happened Here

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These are reassurances from the deluded. The Bush/Obama police state is far more comprehensive than Lincoln's, Wilson's, or Roosevelt's, and the war on terror is open-ended and is already three times longer than World War II. The Police State is acquiring "squatter's rights."

Moreover, the government needs the police state in order to protect itself from accountability for its crimes, lies, and squandering of taxpayers' money. New precedents for executive power have been created in conjunction with the Federalist Society which, independent of the war on terror, advocates the "unitary executive" theory, which claims the president has powers not subject to check by Congress and the Judiciary. In other words, the president is a dictator if he prefers to be.

The Obama regime is taking advantage of this Republican theory. The regime has used the Republican desire for a strong executive outside the traditional checks and balances together with the fear factor to complete the creation of the Bush/Cheney police state.

As Lawrence M. Stratton and I documented in our book, The Tyranny Of Good Intentions, prior to 9/11, law as a shield of the people was already losing ground to law as a weapon in the hands of the government. If the government wanted to get you, there were few if any barriers to a defendant being framed and convicted, least of all a brainwashed jury fearful of crime.

I cannot say whether the US justice system has ever served justice better than it has served the ambition of prosecutors. Already in the 1930s and 1940s US Supreme Court Justice George Sutherland and US Attorney General Robert Jackson were warning against prosecutors who sacrifice "fair dealing to build up statistics of success." Certainly it is difficult to find in the ranks of federal prosecutors today Jackson's "prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility."

Just consider the wrongful conviction of Alabama's Democratic governor, Don Siegelman by what apparently was a Karl Rove plot to rid the South of Democratic governors. The "Democratic" Obama regime has not investigated this false prosecution or given clemency to its innocent own. Remember how quickly Bush removed the prison sentence of Cheney's operative who revealed the name of a CIA undercover agent? The Democrats are a cowed and cowardly political party, fearful of justice, and as much a part of the corrupt police state as the Republicans.

Today the purpose of a prosecution is to serve the prosecutor's career and that of the party that appoints him or her. A prosecutor's career is served by high conviction rates, which require plea bargains in which the evidence against a defendant is never tested in court or before a jury, and by high profile cases, which can launch a prosecutor into a political career, as Rudy Giuliani achieved with his frame-up of Michael Milken.

Glenn Greenwald explained how Internet freedom advocate Aaron Swartz was driven to his death by the ambition of two federal prosecutors, US Attorney Carmen Ortiz and Assistant US Attorney Stephen Heymann, who had no aversion to destroying an innocent person with ridiculous and trumped-up charges in order to advance their careers.

It is rare for a prosecutor to suffer any consequence for bringing false charges, for consciously using and even paying for false evidence, and for lying to judge and jury.

As prosecutors are rarely held accountable, they employ illegal and unethical methods and routinely abuse their power. As judges are mainly concerned with clearing their court dockets, justice is rarely served in America, which explains why the US has not only a larger  percentage  of its citizens in prison than any other country on earth, but also the largest  absolute number  of prisoners.  The US actually has more of its citizens in prison than "authoritarian" China which has a population four times larger than the US. The US, possibly the greatest human rights abuser in history, is constantly bringing human rights charges against China. Where are the human rights charges against Washington?

In America the collapse of law has gone beyond corrupt prosecutors and their concocted false prosecutions. Unless it needs or desires a show trial, a police state does not need prosecutors and courts. By producing legal memos that the president can both throw people into prison without a trial and execute them without a trial simply by stating that some official in the executive branch thinks the person has a possible or potential connection to terrorism, tyranny's friends in the Justice (sic) Department have dispensed with the need for courts, prosecutors and trials.The Bush/Obama regime has made the executive branch judge, juror, and executioner. All that is needed is an unproven assertion by some executive branch official. Here we have the epitome of evil.

Evidence is no longer required for the president of the US to imprison people for life or to deprive them of their life. A secret Justice Department memo has been leaked to NBC News that reveals the tyrannical reasoning that authorizes the executive branch to execute American citizens on the basis of belief alone without the requirement of evidence that they are terrorists or associated with terrorists. 

In "freedom and democracy" America, innocent until proven guilty is no longer the operative legal principle. If the government says you are guilty, you are. Period. No evidence required for your termination. Even Stalin pretended to have evidence.

The United States government is working its way, step-by-step, toward the determination that any and every critic of the government is guilty of providing "aid and comfort" to Washington's "terrorist enemies," which includes the elected Hamas government in Gaza. The only critics exempted from this rule-in-the-making are the neoconservatives who criticize the US government for being too slow to throttle both its critics and "anti-Semites," such as former US President Jimmy Carter, who criticize the Israeli government's illegal appropriation of Palestinian lands. Most of Palestine has been stolen by Israel with Washington acquiesce and aid. Therefore, nothing is left for a "two-state solution."

There is no doubt whatsoever that the Israeli government's theft of Palestine is illegal; yet, Washington, on which Israel is totally dependent, does nothing about law. Law, we don't need no stinking law." Washington has might. Might is right. Get used to it.

Not only for Palestinians has law ceased to exist, but also for Americans, and for Washington's NATO puppets in the UK and Europe, pitiful remnants of once great nations now complicit in Washington's crimes against humanity. The Open Society Justice Initiative, a NGO based in New York, has issued a report which documents that 54 governments are involved in Washington's rendition and torture program. Twenty-five of the governments that help Washington to kidnap, disappear, and torture people are European.

The opening decade of the 21st century has seen the destruction of all the law that was devised to protect the innocent and the vulnerable since the rise of the now defunct moral conscience of the West. The West's moral conscience never applied outside of itself. What happened to people in Europe's colonies and to native inhabitants of the US and Australia is a very different story.

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Dr. Roberts was Assistant Secretary of the US Treasury for Economic Policy in the Reagan Administration. He was associate editor and columnist with the Wall Street Journal, columnist for Business Week and the Scripps Howard News Service. He is a contributing editor to Gerald Celente's Trends Journal. He has had numerous university appointments. His books, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West is available (more...)
 

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