After almost 10 years of battling a stubborn grassroots insurgency financed by shadowy anonymous donors here at home, a somber U.S. Attorney General Eric Holder announced yesterday that the United States of America would surrender it's rule of law, effective immediately, and await further orders from the insurgency's leadership.
The announcement was not unexpected.
In November of 2009, I announced that Khalid Sheikh Mohammed and four other individuals would stand trial in federal court for their roles in the terrorist attacks on our country on September the 11th of 2001.
Had this case proceeded in Manhattan or in an alternative venue in the United States, as I seriously explored in the past year, I am confident that our justice system would have performed with the same distinction that has been its hallmark for over two hundred years.
Unfortunately, since I made that decision, Members of Congress have intervened and imposed restrictions blocking the administration from bringing any Guantanamo detainees to trial in the United States, regardless of the venue.
Members of Congress simply do not have access to the evidence and other information necessary to make prosecution judgments. Yet they have taken one of the nation’s most tested counterterrorism tools off the table and tied our hands in a way that could have serious ramifications.
Congress and American voters have been waffling on whether there is any further need for a rule of law after the 9-11 event. Critics of the centuries-old U.S. legal framework have relentlessly argued that our federal courts are no longer safe venues for trials.....with reliable guilty verdicts no longer guaranteed. These same critics have said that trials by juries post 9-11 are too high profile, too expensive and unsafe from jihadist attacks.
Furthermore, Congressional insurgents maintain that our stateside maximum security prisons.....the so-called SuperMax prisons, from which no one has ever escaped.....would be easy lock-picking, escape-hatches for our new superhuman enemy.
Even though the U.S. defeated the mighty Axis powers of WW2 without sacrificing it's rule of law.....even though our most dangerous and powerful enemy, the Soviet Empire, was successfully worn down without offshore secret torture prisons or newfangled systems of jurisprudence.....today's shoe and underwear bombing enemy, today's box-cutter-equipped jihadists, pose too much of a threat today for us to rely on some dusty, outdated rule of law.
Holder's announcement yesterday is the natural progression for a nation which has been successfully propagandized by shadowy donors and Congressional insurgents over nearly 10 years. It is most definitely a truth that if something is repeated enough times, that something is eventually believed by a majority. A majority in the U.S. now fully embrace the lie that since 9-11, "everything has changed."
I am embarassed for my country. It is neither "free" any longer, nor "brave."
And so, with Holder's capitulation to homegrown, insurgent political forces.....we proudly acknowledge that we now try international criminals in undisclosed torture centers outside the U.S., in secrecy, by military tribunals akin to those of banana republic dictatorships. Guantanamo stays open.....and America's proud fearmongers celebrate our new symbol of exceptionalism.
With yesterday's announcement to America and to the world.....the often-cited American "winning hearts and minds" slogan enters permanent retirement. Osama has won the battle of the slogans.....a win which will have repercussions for a very, very long time.
First they came for our private electronic communications. It was, indeed, illegal for them to eavesdrop without warrants.....but we allowed it. Then they came for our freedom to travel. Passports required, shoes and belts removed, crotches groped, scanners scanning. And then they gave new powers to the Commander Guy. Powers to order the assassination of U.S. citizens, powers to declare anything and everything a state secret, powers to wage war anywhere, anytime and without the approval of anyone.
Then medieval torture techniques, techniques ruled illegal and unacceptable for over 200 years, were declared useful tools to be used, with doctors standing at the ready naturally, in our new Long War.
And finally, with Attorney General Holder's announcement yesterday, our overlords have declared that the rule of law in the United States has become fully optional. As a citizen of this United States it is no longer true that you have a guarantee to not be cruelly and unusually punished. You no longer have a guaranteed right to a trial by a jury of your peers. You no longer have a right to privacy in your possessions, your papers, or your most intimate of communications.
Regardless of whether Osama Bin Laden is ever brought to justice, America has already lost the ridiculously named "war on terror." The very virtues and values once-cherished by a patriotic people have been freely given up over the last ten years in exchange for some fantastical "24" perception of security.
The insurgents of fear have won.
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