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Fifteen Years After 9/11, Perpetual "War on Terror" Continues Unabated

By       Message Marjorie Cohn     Permalink
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Reprinted from Smirking Chimp

Fifteen years ago, 19 men committed suicide and took more than 3,000 people with them. The 9/11 attacks constituted crimes against humanity and should have been treated as such, with investigations and prosecutions of those who helped plan and finance the horrific crimes.

If they had been armed attacks by another country, George W. Bush could have lawfully used military force in self-defense under the United Nations Charter. But they were not. Neither Afghanistan nor Iraq had attacked the United States or any other UN member country. In fact, Iraq had not invaded any country for 11 years, since it went into Kuwait. Neither Afghanistan nor Iraq posed an imminent threat to any nation.

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None of the hijackers hailed from Afghanistan or Iraq. In fact, 15 came from Saudi Arabia. Nevertheless, the Bush administration invaded both Afghanistan and Iraq and changed their regimes, killing and injuring untold numbers of people. The resulting vacuum in Iraq has been filled by Islamic State, which formed and became powerful after the US invaded that country.

Bush declared a "war on terror." Terrorism is a tactic, not an enemy and you don't declare war on a tactic. Yet Bush invoked the 9/11 attacks to shred the Constitution. And although he avoids using the phrase "war on terror," Barack Obama is continuing Bush's perpetual war.

Bush's War on Civil Liberties

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Bush did not confine his war on terror to other countries. He mounted a wholesale assault on civil liberties here in the United States.

He rammed the USA PATRIOT Act through a shell-shocked Congress that had rejected its provisions prior to 9/11. The act enhanced the government's ability to conduct surveillance and created a crime of "domestic terrorism," which was used to target political activists who protest government policies. It is defined so broadly that it has been used to go after environmental and animal rights groups.

Bush inaugurated a new program of COINTELPRO-style surveillance, in which the government used wiretapping without judicial authorization. A similar policy was banned by a Republican-controlled Congress with the passage of the 1978 Foreign Intelligence Surveillance Act (FISA) after the FBI used it to target civil rights leaders like Martin Luther King, Jr.

In violation of FISA and the Fourth Amendment, Bush signed an executive order establishing the Terrorist Surveillance Program. It authorized the National Security Agency (NSA) to wiretap people within the United States with no judicial review. The NSA has eavesdropped on untold numbers of private conversations. It has combed through large volumes of telephone and internet communications flowing into and out of the United States, collecting a vast amount of personal information that has nothing to do with national security.

Bush ordered federal agencies to refuse to honor requests under the Freedom of Information Act, an important vehicle for citizens to hold the government accountable by requesting, receiving and publicizing public records.

In particular, three developments on Bush's watch have had a chilling effect on protected First Amendment activity: the shift from reactive to preemptive law enforcement; the enactment of domestic antiterrorism laws; and the relaxation of FBI guidelines on the surveillance of Americans.

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Bush also indefinitely detained hundreds of men and boys of Arab, Muslim and South Asian descent in the United States and Guantanamo, Cuba, without charges or suspicion of terrorist ties.

Bush & Co.'s Illegal Torture Program

Nearly 800 individuals have been held indefinitely at Guantanamo, most without charge, in violation of the International Covenant on Civil and Political Rights (ICCPR), which the US has ratified.

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http://www.marjoriecohn.com
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. An updated edition of her book, "Drones and (more...)
 

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