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OpEdNews Op Eds    H3'ed 5/15/11

Of Humans and Rights

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What if we go out of our way to research everything we can on the internet, and we learn some good fraction of what our government does in our name with our money, then are we halfway free?  I don't think so.  Exercising power, otherwise known as freedom, through a representative government means being able to have a meaningful impact on that representation.  And that means more than just communication.  We don't have a right to vote.  People are blocked from voting because they didn't jump through hoops to register and stay registered, or because of criminal records.  We don't have a right to run for elected office.  No one who lacks huge amounts of money or who is unwilling to take huge amounts of money from those who have it can meaningfully run for state-wide or national office in most states.  When 400 Americans have over half the country's money, participation in power is extremely concentrated too.

No one operating outside of two very large and corrupt political parties can reasonably put their name on a ballot or participate in debates or communicate through major media outlets in most state and national elections.  Electronic voting machines make it impossible to verify which candidates receive how many votes.  Just ask former U.S. senator Max Cleland.  If you can't run for office, and nobody you know can run for office, and your U.S. representatives are supposedly going to represent 700,000 people, and none of the viable choices to represent you comes anywhere close to representing you, then you're not participating in power, no matter how much speech and knowledge you can pull together.  You're not free.

And if, on top of those problems, your misrepresentatives in Washington have ceded the bulk of their power to a single individual, to whoever is president at the moment, it seems to me you're another degree removed from being free.  Americans spend a lot of time cheering for and condemning politicians based on which political party they are a member of.  And the two parties do disagree on cultural issues and on matters where their corporate funders have no interest or themselves disagree.  But on many of the biggest questions there is beautiful bipartisan harmony, so harmonious in fact that we may not survive it.  Republicans are not sure if Barack Obama was born in this country or if he might be a Muslim or a Communist or a space alien, but Republican Congressman Buck McKeon and Republican Senator John McCain are advancing legislation that would give President Obama the power to single-handedly and unconstitutionally launch just about any war and imprison just about any person.  Building on the work of his 43 predecessors, President Obama has already claimed and used those powers.  But legislating them won't help undo them. 

The U.S. Constitution denied presidents the power to launch wars and placed that power in the Congress.  In 1938 the Congress very nearly gave that power to the people, advancing an amendment that would have required a public referendum before a war could begin.  Franklin Roosevelt stopped that effort.  Congress hasn't declared a war since 1941, and its pretenses of being involved in such decisions have diminished over time.  Obama carefully avoided any consultation of Congress before launching a war in Libya.  Now McKeon and McCain want to legislate presidential war power for as long as the so-called war on terrorism lasts.  In fact, they are also thereby handing presidents the power to determine how long it will last.  And that of course makes it likely to last until our empire is finished. 

And this is despite the war makers having just lost the scariest propaganda poster they had during the past decade.  This should be the time for ending this endless war, not giving the power to enlarge it to a single person and whatever presidents follow him in that office.

I was in Afghanistan in April and spoke with a member of Parliament named Ramazan Bashardost.  He described the same problems in his government that we have in ours: financial corruption, partisanship, a poor communications system, and power taken out of the legislature and concentrated in the hands of a single person.  Afghans I spoke with longed for peace, but spoke first and foremost about participation.  When we hear that our military may negotiate a sharing of power with the Taliban, our first thought may be that talking is better than bombing.  And of course it is.  But for at least some Afghans, the first thought is "Why are these new criminals negotiating with those old criminals?  Where is OUR seat at the table?  When do we get to participate in shaping our own future?"

This is what people want and need all over the world.  They want it and need it on almost the same level on which they want and need peace and food and water.  The Iraqi people have wanted us out of their country for several years now, not because they hate us or fail to appreciate our culture, and not because they expect paradise to quickly follow our departure, but because they want power over their own country. 

And by the way, the bulk of the U.S. occupation has now been withdrawn from Iraq, so give yourself some credit if you pushed for that to happen.  Our pressure was so great in 2006, that the Republican leader of the Senate privately urged Bush to end that war, even while publicly talking it up. 

But an occupation is not over until it's over, so get ready to raise some hell when the complete withdrawal deadline of this December 31st is violated.

Returning to the topic of rights: Self-determination is a fundamental right, and it requires peace, almost by definition.  When we bomb countries in the name of women's rights, we violate the right of women, men, and children not to be bombed, the right to exist free of that threat and to pursue additional rights without interference.  There are ways in which we can help others expand their rights, and types of help that tend to be appreciated and gratefully accepted.  But war is usually not one of them.  Expanding women's rights around the world is the key to halting the population explosion as well as being a moral imperative for its own sake.  But the people of Egypt seem to have done more for women's rights with nonviolence in a couple of weeks than the United States and NATO have done with violence in Afghanistan for 10 years.

Which brings us back to the problem that our own limited rights do not permit us to control our own government.  If we did control it, we could not only relate to the rest of the world in better ways, but we could expand our rights in many ways in which we have lost them, as well as in ways that some parts of the world have developed their rights beyond what we have ever known.

I was thinking recently about some of the rights that are now threatened in the United States, because I was comparing Daniel Ellsberg and Bradley Manning.  Do you all know who Dan Ellsberg is?  How about Bradley Manning?  If anyone doesn't, Ellsberg leaked the Pentagon Papers documenting Vietnam War lies 40 years ago.  Bradley Manning allegedly leaked evidence of war crimes in Iraq and around the world to Wikileaks.  President Obama, who as a candidate said he would reward whistleblowers, instead put Manning into a solitary 6' by 12' cell where he was forced to sleep and stand at attention naked.  Dan Ellsberg, in contrast, was left free on his own personal recognizance pending a civilian trial.  We can't even be sure than Manning is facing a trial.  He's been charged, but no trial date set.  He has been held for almost a year.  He was recently moved following intense protest to supposedly better conditions, but not freed or tried.  President Nixon's gang tried to secretly murder Ellsberg; these were no angels.  But they did not believe they could simply imprison and abuse him. 

There were other differences as well.  More Americans learned much more of the information that Ellsberg made public.   We had a relatively good communications system back then.  We had a Congress.  We had relatively good courts, and courts outside the military were in play.  If Manning is given a trial it will be a military trial conducted by subordinates of a commander in chief who has already declared Manning guilty.  President Obama claims that Manning leaked information more highly classified than what Ellsberg leaked.  The reverse is true.  The information that Ellsberg leaked was more top secret than Manning's and known to a handful of people, whereas literally millions of personnel had access to what Manning allegedly leaked.  That fact is perhaps most telling.  Would millions of Americans have failed to do what Manning did had this happened 40 years ago?  I suspect there would have been at least several Daniel Ellsbergs in that size crowd. 

Our government prosecuted but failed to convict Ellsberg or the New York Times.  Last week the New York Times' lawyer in the Pentagon Papers case published a letter in the Wall Street Journal arguing against prosecuting Wikileaks' Julian Assange under the Espionage Act.  He wrote:

"Under the First Amendment, WikiLeaks founder Julian Assange cannot be successfully prosecuted for a violation of the Espionage Act unless the publication of WikiLeaks constitutes a clear and present danger to the national security of the U.S.  This would be impossible for the government to prove. No one in the government has pointed to any particular leak that Mr. Assange or the New York Times has published as even 'damaging' national security."

Of course, laws mean what judges choose to say they mean, and nothing is so clear cut.  But where would this leave Bradley Manning?  Our nation now recognizes a category of person who has no right to be freed and no right to be tried.  In fact, many Americans are terrified of these people.  Moving Guantanamo's prisons from Cuba to Illinois would have done very little for human rights but would probably have caused some heart attacks in Illinois.  Can you imagine if Osama bin Laden had been put on trial in the United States?  How many terrified television viewers would have been rushed to the hospital?  Would bin Laden have been permitted to air his grievances against U.S. foreign policy?  Would U.S. failures to prevent the 9-11 attacks have been discussed?  What about U.S. support for bin Laden in the 1980s?  There was no way in the world that trial would be held, which is why we could be sure the Navy SEALs had been ordered to kill bin Laden even before that fact was reported.  For similar reasons of manufactured fear, there is little chance that Manning will be released.  He'd have to be put into a witness protection program if he were.  So, if a case cannot be developed to prove his guilt, then what . . . ?

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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