Wednesday, December 17, 2014

A Poison named System of democratic Justice

Michael B. Mukasey who, for two decades, was judge and then attorney general of the United States of America wrote an article where he seeks to show that “The CIA Interrogations Followed the Law” which is the title of his article. It also came under the subtitle: “Some of those now criticizing the program as illegal seem oddly uninterested in the laws they themselves helped write.” The article was published on December 17, 2014 in the Wall Street Journal.

Knowing that when he says: “Some of those now criticizing the program,” he means Senator Dianne Feinstein, and when you juxtapose that subtitle with a sentence that comes later in the article, a vast window of fresh perceptions opens to you. What comes into question as a result is the validity of the system that spawned this whole debate in the first place.

The sentence in question is this: “Sen. Feinstein wins the argument only by defining herself as both the standard setter and the winner.” Thus, according to Mukasey, it was Feinstein who participated in the writing of the laws that no longer interest her. But she took it upon herself to criticize the program that was set-up based on those laws, and she wins the argument by defining herself as standard setter and ultimate winner of the argument that she herself started.

Do you know what this sounds like, my friend? It sounds like the world talking about America, something that happens each time there is an international legal matter involving that country, or involving Israel where America is summoned to crush the due process and get Israel off the hook. Unfortunately, despite protestations to the effect that America is a nation of laws, the world has lost faith in the ability of that country, or even its willingness to follow the laws it seeks to impose on others ... with the exception of Israel, of course.

We're not talking about small legal matters such as those that arise when trade disputes flare up between jurisdictions and where administrative tribunals are set-up to handle such cases. No, we're talking about matters that involve human rights, and where the cases that come up for adjudication have universal implications so serious, they sometimes engender ramifications that lead to interventionist wars under the guise of the “right to protect” or some other concoctions.

Now, when Mr. Mukasey argues that the CIA followed the law, he does not mean to say America followed a law that would be recognized by the world. He means to say that America followed a set of laws which are subject to the kind of endless hair-splitting debates that ultimately turn into partisan disputes. This drags on till the end of the electoral cycle, and one side wins the election. The dispute is then left without resolution, and shelved to gather dust, perhaps for ever. And what all this means, is that no one is held accountable, no one is declared culpable, and no justice is done or seen to have been done.

This being the system that America has set up and called democracy, it compares poorly with any of the systems which are set-up under the so-called authoritarian regimes. That is where the cardinal rule is to let would-be violators know at the outset what the penalties will be for the actions they choose to take, and by which they may break the law. These may not be fair penalties but they are well defined, and they are not subject to hair-splitting by those who will decide your fate behind your back.

In contrast, the so-called democratic system fails to let you know where the hair-splitting will take you. Thus, you are robbed of the chance to choose making an informed decision about yourself … ultimately about your fate. Also where the autocratic system lets you know what you're accused of, and lets you face your accuser – however horrible he may be – the democratic system robs you of the dignity of knowing what you're defending yourself against.

In most cases, you are simply told ... not publicly but with a whisper in your ear, that you have been displaying bad intentions. You must, therefore, prove that you had good intentions by publicly groveling and begging forgiveness for offenses you never knew you committed.

Now, set aside the merit of the accusations where they exist and where they don't. Contrast the treatment that the American detainees received in North Korea with the treatment that America inflicted on the Guantanamo detainees. Now be honest and declare North Korea to be civilized, and America to be a primitive savage.