Monday, April 30, 2012

TRIALS WITHOUT CRIMES OR EVIDENCE

A detainee in Guantánamo Bay. (Photo: Brennan Linsley/Associated Press)
Global Research
April 24, 2012



Andy Worthington is a superb reporter who has specialized in providing the facts of the US government’s illegal abuse of “detainees,” against whom no evidence exists. (http://www.andyworthington.co.uk/ ) In an effort to create evidence, the US government has illegally resorted to torture. Torture produces false confessions, plea bargains, and false testimony against others in order to escape further torture.

For these reasons, in Anglo-American law self-incrimination secured through torture has been impermissible evidence for centuries. So also has been secret evidence withheld from the accused and his attorney. Secret evidence cannot be confronted. Secret evidence is distrusted as made-up in order to convict the innocent. The evidence is secret because it cannot stand the light of day.

The US government relies on secret evidence in its cases against alleged terrorists, claiming that national security would be threatened if the evidence were revealed. This is abject nonsense. It is an absurd claim that presenting evidence against a terrorist jeopardizes the national security of the United States.

To the contrary, not presenting evidence jeopardizes the security of each and every one of us. Once the government can convict defendants on the basis of secret evidence, even the concept of a fair trial will disappear. Fair trials are already history, but the concept lingers.

Secret evidence murders the concept of a fair trial. It murders justice and the rule of law. Secret evidence means anyone can be convicted of anything. As in Kafka’s The Trial, people will cease to know the crimes for which they are being tried and convicted.

This extraordinary development in Anglo-American law, a development demanded by the unaccountable Bush/Obama Regime, has not resulted in impeachment proceedings; nor has it caused an uproar from Congress, the federal courts, the presstitute media, law schools, constitutional scholars, and bar associations.
Having bought the government’s 9/11 conspiracy theory, Americans just want someone to pay. They don’t care who as long as someone pays. To accommodate this desire, the government has produced some “high value detainees” with Arab or Muslim names. But instead of bringing these alleged malefactors to trial and presenting evidence against them, the government has kept them in torture dungeons for years trying to create through the application of pain and psychological breakdown guilt by self-incrimination in order to create a case against them.

The government has been unsuccessful and has nothing that it can bring to a real court. So the Bush/Obama Regime created and recreated “military tribunals” to lend “national security” credence to the absolute need that non-existent evidence be kept secret.

Andy Worthington in his numerous reports does a good job in providing the history of the detainees and their treatment. He deserves our commendation and support. But what I want to do is to ask some questions, not of Worthington, but about the idea that the US is under terrorist threat.

By this September, 9/11 will be eleven years ago. Yet despite the War on Terror, the loss of Americans’ privacy and civil liberties, an expenditure of trillions of dollars on numerous wars, violations of US and international laws against torture, and so forth, no one has been held accountable. Neither the perpetrators nor those whom the perpetrators outwitted, assuming that they are different people, have been held accountable. Going on 11 years and no trials of villains or chastisement of negligent public officials. This is remarkable.

The government’s account of 9/11 implies massive failure of all US security and intelligence agencies along with those of our NATO puppets and Israel’s Mossad. The government’s official line also implies the failure of the National Security Council, NORAD and the US Air Force, Air Traffic Control, Airport Security four times in one hour on the same morning. It implies the failure of the President, the Vice President, the National Security Adviser, the Secretary of Defense.

Many on the left and also libertarians find this apparent failure of the centralized and oppressive government so hopeful that they cling to the official “government failure” explanation of 9/11. However, such massive failure is simply unbelievable. How in the world could the US have survived the cold war with the Soviets if the US government were so totally incompetent?

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