[David Cole, ENEMY
ALIENS: Double Standards and Constitutional Freedoms in the War on
Terrorism, New York and London: The New Press (2003). US $ 24.95]
Review
and Commentary by
Tecola W. Hagos
Printable
Version
PART
ONE: THE IMPACT OF COLE�S BOOK (A REVIEW)
I. General Introduction
II. Thesis
and Theme: Content and Issues
A.
Problem of definition and scope
B. The Law
as a Tool of Oppression (particulars)
1. Race,
Religion, and Ideology
2. Sinking
Further into Tyranny
3. History
of Violations and Abuse
III.
Limitations of the Book
PART TWO:
COMMENTARY - EXPANDING COLE�S BOOK
IV.
Seizing Up the United States: Politics, International Relations
V. In
Defense of the Indefensible
Conclusion:
In Tandem (Part One and Two)
PART
ONE: THE IMPACT OF COLE�S BOOK (A REVIEW)
I. General Introduction
�A man is not just if he carries a matter
by violence; no, he who distinguishes both right and wrong, who is learned
and guides others, not by violence, but by the same law, being a guardian
of the law and intelligent, he is called just.� The Buddha (from the
Dhammapada, circa 530 B.C.)
Of the many books I have
read, only a limited number of books have gnawed at my very being
resulting in my experiencing intense feeling of foreboding of the
apocalyptic, the outrageous, and the hopeless as did David Cole�s book
ENEMY ALIENS. Next to their Bibles and their Qurans, Ethiopians (or
anybody else for that matter) living here in the United States or
elsewhere should have in their homes copies of this wonderful book, ENEMY
ALIENS, warts and all, both for reference purposes and as a sobering
reminder that their lives lived away from home is lived on the razor�s
edge at great personal risks more than they think.
Great books are an
amalgamation of the lives of communities and the lives of their authors
woven together and forming great matrix of profound insight. One such
great book that comes to mind is the book by Fyodor Dostoevsky, NOTES FROM
THE UNDERGROUND; that book had profound effect on me in my youth and
continues to do so every time I reread it. Cole�s book ENEMY ALIENS is a
very personal book despite its very public message where the personal
struggle of the Author is both a trajectory and an integral part of the
Book. [See as an example, Cole, Chapter 12] Here is where great passion
for a cause can be excused for getting in the way of what academicians
would object to as subjectivist approach (writing) to issues of public
concern the same way Dostoevsky tried to tackle the issues of his time in
a most profound self expression. There is no question that David Cole is a
passionate writer. I am glad he is. How else an intelligent and committed
person would react to injustice and prejudices being paraded as patriotism
and national defense?
The direction the United
States Government took after the September 11 terrorist attack, where 2970
individuals died [www.nytimes.com/ 2002/09/01], may be seen as one of the
most important events in the history of this country. It was a defining
moment in the history of the people of the United States, and we are still
living within the tremor of that monumental event. However, without
trivializing the seriousness of the crime committed on September 11, I
must point out the fact that in the annals of the most barbaric of
Centuries, the Twentieth Century, the death of about three thousand people
pales considerably compared to over one hundred million who perished
through nuclear bombing, indiscriminate high-flying bombing raids, and
military engagements on fields of operations the United States was
involved in, along with other Western nations.
The ongoing inhuman
treatment of captured Taliban fighters and others, whose identity is not
properly disclosed by the Bush government, at the Guantanamo Bay detention
camp goes far beyond what can be considered security precaution and is in
fact a form of barbaric torture. It exposed the underbelly of the beast in
both the American citizenry and the office holders as much as it brought
out in dissenters, such as Cole, some of the finest human qualities that
any people ought to have. [See Cole, 42-56]
The anger directed against
those captured prisoners (one of whom a thirteen year old teenager) seems
more of a lashing out in blind furry than a rational act aimed to find the
people responsible for the attack. Had any of the people in detention were
involved in such crimes, the government would have splashed such news all
over the place. As Cole pointed out those prisoners are simply being extra
judicially punished for their association with Al Queada or the Taliban.
Cole wrote, �Guilt by association is a common response in times of fear.�
[Cole, Chapter 4, 59] The captured individuals were being used in a
grotesque public blood-letting that I find primitive and barbarous, an act
that degrades our humanity and our dignity.
This
frenzy and cry for �blood� by the Bush Government seems to have lost
all sense of proportion or rational thinking, it is even directed at
Americas� longtime friends like France, Germany, Canada et cetera. I
have never seen a people so animated and frightened at the same time, as
the people I met or observed here in Washington DC and vicinity just after
the terrorist attacks; I say this having lived through and having observed
two traumatic and bloody revolutions that dramatically changed the lives
of people in totally different directions: the 1974 Military takeover and
fall of Emperor Haile Selassie and the 1991 overrun by liberation fighters
of the Military dictatorship left in place when the brutal Mengistu bolted
out of the country in fright of the coming doom.
II. Thesis
and Theme: Content and Issues
The book ENEMY ALIENS is
divided into four main parts and subdivided into fourteen uneven Chapters.
The thesis of the book is plainly and clearly stated in the introduction,
and it deals with the legal and moral ramification of trading of �foreign
nationals� liberties for citizens� security.� Cole argues four main
points in support of his thesis that such impulse should be resisted
because such trade off is illusory in the long run, counterproductive as a
security measure, an overreaction that is bound to be corrected with
regret later when things settle down, and an act that is morally and
constitutionally indefensible. [Cole, 7] In the process of developing and
expounding these points, Cole guides us through a political and legal
labyrinth enriched with numerous case citations. His writing is lucid, his
presentation informative, and his arguments well organized and convincing.
Although to my test, I wish Cole was a little more belligerent than so
even keeled and courteous; I wish he had written some well deserved
guttural expressions against some of the most outrageous conducts of
government officials.
What makes this book
particularly timely and important is the fact that it makes us face the
fact that most of us did not really know the United States Government, and
that all pride in the democratic nature of the Government is misplaced and
delusional. The Officials of the Government of the United States over a
long period of time have carried out those same violations of human rights
and abuse of power that other national governments were accused of
committing year in and year out by the United States Government (See the
Annual Reports on foreign governments by the State Department). Many
people, citizens and immigrants alike, have suffered under the polarizing
umbrella of a system seemingly democratic. Some have disappeared into the
nether world of State security system. Some have been harassed and
arrested and have been detained without a showing of probable cause. Some
have been tortured and viciously singled out for prosecution et cetera by
the �greatest democracy� on Earth, the United States.
I crack my head trying to
answer how such abuse and trampling of human rights happen in full view of
the �People�s� Representatives and the Supreme Court, in our midst
with such impunity. To ask such question in itself suggest lack of proper
evaluation of the American society and people. The violation of the rights
of a minority or target group on the basis of race, national origin,
economic class interest, is not something new in the United States. In
fact, it seems that it is the norm; thus we are dealing here in terms of
difference in degrees of violations from era to era rather than something
unusual.
It is important to
understand the foundation principle(s) at the bottom of all that is
happening in the United States. Despite its religiosity, the United States
is founded and functions on secular principles of utility or
utilitarianism. Consequences or results seem to determine the type of
methodology used to achieve social and economic goals. Cole alluded to
this when he stated that �[n]atural law theories no longer hold much
influence.� [Cole, 214] This is a frightening situation since it
questions very many universal principles of the unity of man and equality
of human beings. It is only a short stop to fascism from such national
ethos. I suspect that the obvious democratic relationship between the
different Government functionaries, between the individual and the
government, between individuals et cetera is a great acrobatic display
that could as easily collapse if it were not for the infusion of new
immigrants who maintained the dream of American democracy from generation
to generation. If it were not for such continuous revival and renewal with
the infusion of new, ready and eager immigrants, the United States would
have evolved into a state with obnoxious and rigid class structure,
serfdom, and third rate economy.
Immigrants
are the life giving force to the United States, and they are indispensable
to the viability and survival of the United States as we know it. Thus, it
is ironic that the very people who created and revitalized the United
States from generation to generation have to go through a ritualistic
purging and persecution by the earlier settled and entrenched population
once in every decade. If you study the history of people who contributed
greatly as scientists, enterprising-workers, moral leaders, et cetera to
the development of the United States to become the World�s great
technological and economic power, most of them were/are immigrants. Thus,
the current misdirected persecution of immigrants, simply put, is idiotic,
but not out of the ordinary.
A.
Problem of definition and scope
The Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act (PATRIOT Act) is the legislation that is the
single most threat to the constitutionally protected rights of Citizens
and residents alike not to mention the havoc it unleashed on international
human rights Covenants and Resolutions including the Universal Declaration
of Human Rights. The PATRIOT Act was rushed through a cowered in Congress
in a flash and was out being used in no time as a battering ram to
demolish constitutionally protected rights that took up most of the two
Centuries to build through the painful sacrifices of millions of people
since the establishment of the United States. 
To date, the chief enforcer
of the Act, the Justice Department, had only about one or two convictions
under the Act out of the thousands of suspects it arrested and detained. On
the limited success of the Department of Justice in apprehending the right
people who may have participated in terrorist activities, see Cole, �The
War on Our Rights,� The Nation, 12 January 2004, 5] In his book,
Cole wrote, �Ashcroft�s dragnet approach has targeted tens of
thousands of Arabs and Muslims for registration, interviews, mass arrests,
deportation, and automatic detention, effectively treating an entire,
overwhelmingly law-abiding community as suspect.� [Cole, 190]
In the PATRIOT Act, the
first main problem is the issue of the definition of words like �terrorist,�
�terrorist activities,� �terrorist organization,� and �terrorism�
as used in the PATRIOT Act and immigration laws. Cole devoted considerable
effort in a number of ways trying to deal with the definition of such
words. [Cole, Chapters 4 and 5] His conclusion is a sobering one. The
definition of such words is expansive that it could cover most anything.
Almost any activity or an organization, even remotely connected with an
organization perceived either by the President or the Attorney General as
dangerous no matter how remote the danger may be, could be considered as a
terrorist activity or a terrorist organization. What is also most
disturbing is the creeping interfacing of censor of Citizens and
non-citizens who may end up being designated as terrorists and lose
protection from arbitrary and often degrading and brutal incarceration or
detention with no relief.
Similarly, on the side of
the investigative branch of government, guidelines for the FBI have been
relaxed to such an extent that the requirement of the showing of �probable
cause,� before any eavesdropping could take place, now can be carried
out by the Department of Justice on the simple showing of �reasonable
suspicion.
�Under such very low threshold almost anything could trigger such
eavesdropping on wide range of activities, even violating the age old
sacred attorney-client communications. [Cole, 80-1]
Cole does not limit his
criticism to government functionaries and officials, but also leveled
scathing criticism of the American public itself for their complacency
with such governmental violations and threats against fundamental
principles of human dignity and constitutionally protected individual
rights. As a matter of fact, the Book text opened appropriately with a
poem by Stephen Rohde:
�First they came for the
Muslims, and I didn�t speak up
because I wasn�t a
Muslim.....
Then they come for me...and
by that time no
one was left to speak up.�
[Cole, 17]
I must emphasize the fact
that Cole is as much concerned with the violations of human rights by the
Government of the United States as much as he is worried that the public
and individual citizens have become silent enablers of such violations in
recent events. I completely agree with Cole in that no dictator can bloom
in a vacuum without willing sycophantic individuals, and no abuse and
violation of the rights of a target group is possible without the
cooperation or indifference of enabler public. It follows then that the
challenge to the many violations of the rights of individuals need be
mounted first and foremost by the individuals themselves and their
communities. The interest of any governmental institution is a
self-generating and a self-preserving one, and as such by its very nature
opposed to the rights and autonomy of the individual. Thus a responsible
community must be vigilant and on the lookout in order to prevent any
hegemonic, oppressive, or abusive attempt by its elected or appointed
officials.
B. The Law
as a Tool of Oppression (particulars)
1. Race,
Religion, and Ideology
The concept of the law and
how law is applied to particular events in the United States seems to
reflect the view that the law is a process solely aimed at legitimizing
the United States Government violent and oppressive actions against
citizens, non-citizens, residents, and foreigners. This seems to be the
case because there seems to be an understanding in society that what ever
is not specifically forbidden is permitted in the United States. Thus, the
purpose of the law assumed this distortion as a tool of repression rather
than as an expression of social order and aspiration to be used by the
government to guide, inspire, and lead the people to higher order of
reality/existence. Because everything is presumed allowed then the role
government takes up is that of a censor of some of the �excess� of
individuals, perceived or other wise. Cole discussed a disturbingly
consistent pattern of a tradition of violent and abusive suppression of
individual rights in time of actual or presumed security danger to the
United States from the period around the First World War to date.
From the turn of the
Twentieth Century to date the United States government never let up its
persecution and prosecution of suspected radicals even though historians
and legal scholars seem to limit such activities by identifying periods of
intense activities e.g. the Palmer Raids (1920s), Un-American Activities
(1940s) Civil Right Movement (1960s) et cetera. Even the most venerable
judges are at times seduced by the social trend of the moment, or by
mob/herd mentality. For example, Learned Hand, a great jurist in more
ways, faltered in the case of United States v. Dennis [Cole, p.
140] during the period of the �Second Red Scare� in the 1950s. So did
Chief Justice Earl Warren when he was Governor of California on the issue
of the internment of American citizens with Japanese ancestry and Japanese
legal residents before he became champion of civil and individual right as
a jurist. [Cole, p. 97] These facts tell us two things about human beings
including even those who are the best of us 1)that we are all susceptible
to mass hysteria, and 2) that we always create/find victims to vent our
anger and fear. Cole�s discussion in Chapter 7 about the internment of
American citizens with Japanese ancestry and Japanese legal residents
during the Second World War is the best in the book, which elegantly
explained and exposed a very complex subject.
On the determination of
issues dealing with civil and human rights, the Supreme Court, for most of
its life since its establishment in 1789 (actual sitting 1790) with the
appointment of John Jay as Chief Justice by George Washington, except for
the Warren Court period, in the main was involved in legitimizing or
rubber stamping of the Government�s oppressive actions and violations of
individual human rights by rendering some of the most horrible judgments,
such as the Dred Scott v. Sandford 60 U.S. (19 How) 393(1856), Korematsu
v. United States, 323 U.S. 214 (1944) et cetera cases. Even the
celebrated case Marbury v. Madison, 5 U.S. 137 (1803), which is
often jammed down the throats of starry eyed first year law students in
American law schools as �the case� that established the Supreme Court�s
power of judicial review, has problems. Despite the fact of the importance
of that case, I read the case as a disappointing cope-out and a weaseler
of a case, to put it bluntly. It set the tone of a court of timidity and
evasion for the life of the Supreme Court to date in general, except for
punctuated periods of enlightenment. The Court in the Marbury Case, for
example, could have simply asserted its authority as a matter of
analytical definition, and thereby would have saved us from all kinds of
tortured opinions entered over the years on varied issues trying to
establish its authority.
Simply put, the Marbury
case involved an aggrieved person, William Marbury, who �moved the court
for a rule to James Madison� to order the new Jefferson Administration
to distribute to him a commission of an appointment by the outgoing Adam�s
Administration. Chief Justice Marshall chose to sacrifice the interest of
a citizen by holding that the Federal Judiciary Act of 1789 gave authority
to the Court i.e. the writ, not explicitly authorized by the Constitution,
thus denying Marbury a ruling rather than ordering the Administration to
deliver the commission to Marbury that the Court has found to be in order.
Marbury never received his commission. However, the Court thereby gained
some power of judicial review by considering the constitutionality of the
act of Congress. The decision of the Court was a self contradictory
holding since the same could be argued that the Constitution does not
explicitly authorize the Supreme Court to review the acts of Congress for
what ever reason either. Moreover, the decision flies against the very
authority the Court cited: Blackstone--acknowledging �every right, when
withheld, must have a remedy." The Marbury case set the type of �ethical�
and legal sophistry that would characterize the Supreme Court for years to
come. Maybe my expectation of more assertion of independence by the Court
is unrealistic since the Justices of the Court are appointed by the
President there by tied into the system in a loop, and that their decision
is as much a political action as much as a legal one.
The current Supreme Court,
with Chief Justice Rehnquist at its head, exhibits in great depth the
polarizing effect of conservative politics since Reagan rode into
Washington DC on a conservative charger. However, not everything was a
loss. To a respectable degree, in an otherwise gloomy court, at least
Justices Breyer, Ginsburg, Souter, and Stevens have maintained a degree of
profound insight and understanding of human nature and the liberating role
law is supposed to play in the lives of individuals in society. [By the
way, in my judgment, Justice Ginsburg is the most heroic of the group.]
The greatest disappointment on the Court to me is Justice Thomas (a Black
man) who seems to suffer from an acute case of myopic vision of history
constructing in his legal opinions a cocoon of selectively idealized
universalist conception of Constitutional law, and who seems to be
preoccupied with resolving his own personal psychological problems more
than his obligation to the culture and race that produced him--what a
contrast to Justice Thurgood Marshall.
The eight-year hiatus of
the Clinton Administration in between Republican administrations was
marred mostly by petty scandal that was magnified by die-hard
conservatives and by sulphur and brimstone preachers into something
monumental. By contrast the far more compromising lies or misleading
statements about alleged Saddam�s immediate danger to the security of
the United States, the Bush administration still insists on as the reasons
for going to war, is being handled lightly and being pushed under the rug
of obscurity so far. Thus, there is a tradition of telling outright lies,
half truths, and deception on the part of the Executive Branch of the
American Government. As a result of such history, the public considers �politics�
and �politicians� with great suspicion. By comparison other western
democracies take their politics and politicians very seriously.
The conviction and
execution of Nicola Sacco and Bartolomeo Vanzetti on charges that many
people believe was trumped up murder charges illustrate one extreme
example of the extent the United States Government (a State in this case)
had waged its considerable force and money against radical immigrants.
Even the most progressive justice of the time Oliver W. Holmes was swept
with the tide of the fear of communism of the 1920s that he ended up
writing the denial of request for stay of execution by Sacco and Vanzetti
in 1927. However, Cole did not discuss that important case maybe because
the case has been weighed down with the possibility of some crime (not
necessarily the crime charged) committed by the accused.
2. Sinking
Further into Tyranny
One other method used by
the Executive is to disfranchise a Citizen by taking away the status of
citizenship thereby opening him or her unprotected by any Constitutional
rights to due process, freedoms and liberty et cetera under the many
Amendments. This is one of the most insidious and despicable attack on
naturalized citizens. Cole in Chapter 8 has laid out the history of such
abuse and the frenzy even by respectable newspaper like the Washington
Post advocating the execution of all anarchists. (Cole, 109) I may add
that a number of whom were naturalized citizens. The United States
Government has used one other devastating weapon, which it has already
unleashed against Citizens. By labeling a citizen as �enemy combatant�
the government has indeed detained Citizens. There is no content review of
such Executive decision by Courts. (See Cole, (43-46) The secret �No fly
list� of the names of American citizens is another example of
uncontestable governmental abuse and encroachment of the freedom of
movement of individuals.
Another disturbing fast
development is the extent and form of intimidation bordering blackmailing
of foreign governments by the United States Government with threats of
military attack, economic sanction, blockade et cetera if such foreign
governments do not cooperate with the United States in hunting down �terrorists�.
The problem with such approach is the fact that it is the United States
Government that determines who the terrorists are and what constitute
terrorism. George W. Bush�s Manichean world view of �either you are
with Us or against Us� is too sophomoric, and reduces complex problems
and issues into a series of �either/or� confrontational points with
the rest of the world.
Can the United States
Government carry out activities outside of the United States and its
territories that are illegal had they been performed in the United States
and its Territories? In other words, detaining captured Taliban fighters
and others at the Guantanamo Bay (assuming Guantanamo Bay is not a United
States territory) shield the United States Government from all legal
process on behalf of the detainees to determine the legality of the
detention and the manner of their detention? A more disturbing practice is
emerging as an acceptable practice of the officials of the United States
Government in the investigation and interrogation of foreign nationals
suspected of �terrorist� activities. Dana Priest and Barton Geliman of
the Washington Post about a year ago wrote that officials of the United
States were using other nations to carry out investigations that include
torture as a means of interrogation of suspects captured by the United
States military forces. [Torture Tactics Used on Terrorism Suspects Held I
Secret Overseas,� The Washington Post, 26 December 2002] Many
reports and articles have been published since then, but there is no
public outcry for such obvious illegal activity of officials of the United
States Government. The Supreme Court has as yet to give clear answer on
such issues.
Even under narrow
Constitutional interpretations, the fact that a particular governmental
action is authorized by Congress does not diminish its abuse or barbaric
application. The way the PATRIOT Act is being carried out by the officials
of the current Administration demonstrates this fact. What is significant
to remember is that no law is independent of some moral principle, and law
does not function in a vacuum. When one tries to delaminate law from its
moral content, then starts horrendous problem of abuse and oppression. The
many problematic provisions of the PATRIOT Act significantly conflict with
Constitutionally guaranteed rights dealing with rights from arbitrary
arrest, illegal search and seizure, freedom of speech and association,
equal protection of the law, due process of law that includes speedy
trial, et cetera. Especially the most obnoxious practice of the Justice
Department of secretiveness of some of the arrests and detentions is fully
discussed by Cole. In fact it is quite terrorizing to learn how vindictive
officials can be and how much power is being wielded by the President and
the Attorney General under the PATRIOT Act, Immigration and other laws
against real or imagined enemies.
3. History
of Violations and Abuse
In Part 2 of the Book, Cole
has provided us a succinct historical narrative with great clarity, a
useful context that helps us put in perspective the development of
safeguards as well as the curtailment mechanisms used by the United States
Government (the Executive, the Judiciary, and Congress) on civil liberties
and on the general concepts on human rights and dignity. What is amazing
is how many horrible individuals acquire power all throughout the history
of this country whether they are Presidents, Federal Judges, Justices and
Chief Justices of the Supreme Court, Attorney Generals, Members of
Congress et cetera who would go to extraordinary length to hurt
individuals.
The current Attorney
General, John Ashcroft, reminds me of Thomas de Torquemada (1420-1498),
the Grand Inquisitor of Medieval Spain. Cole�s quotations in his book of
statements made by Ashcroft are frightening, even when one of the quoted
statements seems to be a contradiction [Cole, 48-49] to the entire
activities of the Justice Department of its detention, arrest, et cetera
of suspected terrorists or material witnesses. The manner the Justice
Department went about arresting and detaining what it identified as
suspects, material witnesses, and �sleepers� is effectively discussed
by Cole. Especially Cole�s discussion of the detention of so called �sleepers�
is one of the most chilling accounts of a system that resembles a witch
hunt of Medieval Europe. Words like �sleepers� come loaded with
negative meanings; the mere calling a person as such puts such a person in
a category of convicted criminals.
Look at the type of
embarrassing situation the Bush Administration finds itself with the ever
shifting reasons it sold the public for going to war with Saddam. The
whole war on Saddam Hussein was based on that policy of preemptive strike
that has now been totally discredited for none of the claims of the danger
of being attacked by weapons of mass destruction, terrorism, and
development of nuclear weapon is true. Such school yard rule of conduct is
inappropriate as a national foreign policy. It suffices to say the rule of
the jungle does not lend any moral or civic authority in the conduct of
governments.
In general the public is
ill-informed or minimally aware of the abuse and violation of both
Constitutionally guaranteed rights and �fundamental� rights under
international conventions and declarations of Citizens, Resident Aliens,
or people who are illegal immigrants. Everyone should be aware of the
danger of a tyrannical government lurking just round the bend of history.
For a long time I have been more inclined towards the idea that laws are
reflections of long standing open ended customs (with inbuilt mechanism
for progressive improvement) processed into existence through the ethos of
current social setup. I am not so sure now having read David Cole�s
indictment of an entire regime of law as flawed and anti-people (citizens
and non-citizens), which is manipulated by few, often racist and corrupt,
powerful men to promote their political ambition, whether I will maintain
my previous insight on law and society.
III.
Limitations of the Book
It would have been most
helpful to include in the book pictures of some of the major players in
the United States Government, some of the Federal Judges and Justices et
cetera. For readers looking at some pictures of the people they are
reading about makes history quite tangible. Facing in pictures such
officials, who have profoundly affected the rights of individuals not only
here in the United States but allover the World, may add existential
dimension to the many incidents of violations of individual rights.
A more significant omission
in ENEMY ALIENS is the fact that there is hardly any discussion of the
causes of the violence against the United States. There is no mention of
the Palestine-Israel conflict that may have been one of the two most
important reasons why there has been this intense hate of the United
States, and the other being the type of support the United States has been
giving for almost fifty years to despotic and oppressive Arab governments
and others round the world. It would have been helpful to know at least
the direction one ought to consider to solve the sources of the conflict
taking into account the role played by the United States as mentioned
above.
David Cole devoted limited
space to the importance and applicability of international law to the very
many violations of the United States government of international law and
principles. Citizens, aliens, foreign combatants are all covered by this
or that international Convention or Resolutions of the General Assembly of
the United Nations that has become aspect of customary international law
readily applicable and taking precedent on local (municipal) law or
statute. I am not saying that Cole did not pay any attention to
international law and practice, but that he should have made the
obligation of the United States to abide and follow international law and
practice as one of his main thesis.
The brief reference and
short analysis of international law toward the end of Cole�s book
dealing with judicial process, human rights, the treatment of foreigners
in local jurisdictions et cetera as subordinate issues is an unnecessarily
limiting approach to a great defensive shield that should be used to blunt
the attacking spear thrusts of racist and xenophobic government officials.
I believe international law should have been given a central role by Cole
in his treatment of all of the issues raised and discussed in his book.
A couple of International
Courts are currently engaged in the trial of leaders and government
officials alleged to have committed crimes of genocide and crime against
mankind, and several nations have as part of their penal code provisions
addressing crimes committed by officials of governments anywhere in the
world. It is this understanding of the universal application of criminal
law where by some officials of the United States may end up in that Court
that prompted the United States Government to campaign intensely to have
its military and government officials exempted from such procedures. It
has also refused to ratify the convention on the International Criminal
Court that was recently established to try criminal violations of the
rights of individuals anywhere in the world. In local courts such effort
of the United States would be considered as evidence of admission of
guilt.
For example, the Geneva
Convention on Prisoners of War is violated when the United States
government denied Taliban Fighters who were captured in battle fields in
Afghanistan the status of prisoners of war. No matter how despicable the
leadership of the Afghan government of that time (the Taliban) might have
been, nevertheless, the Afghan foot-soldiers were just like any other
soldier anywhere in the world, pampered or not, for whom the Geneva
Convention was established to begin with. Their uniform may look odd,
their system of deployment may look or sound disorganized; nevertheless,
no matter how much they may look strange, they were soldiers and stood for
their own national cause no matter how primitive or distorted a cause it
might have been.
Even if we say that the
Geneva Convention is not applicable, it still remains that numerous
provisions of the Universal Declaration on Human Rights, which the United
States promoted for over fifty years; the Covenant on political rights,
which was signed a few years back by the United States, and scores of
Resolutions by the United Nations General Assembly against inhuman
treatment of prisoners, discrimination, which the United States sponsored
or voted for, were all arrogantly violated due to the United States
detention of people allegedly involved in terrorism.
Cole discussed the
disturbing evolution of a frowned upon administrative detention into a
court approved detention or imprisonment of individuals who have not
committed any crime. [Cole, 224] I wish he had spent a lot more time on
this issue and expound the dangerous trend being endorsed in Demore v.
Kim, 123 S.Ct. 1708 (2003). The Supreme Court reversed the lower court�s
holding that the INS had not shown the need for detention (prior to any
conviction resulting in imprisonment) overcoming a permanent resident�s
�due process� rights. Justices Breyer, Ginsburg, Souter, and Stevens
dissented in part; however, their reason falls a shade short of according
aliens the benefits of �liberty� of the Fifth Amendment and the full
�due process clause� protection of the Fourteenth Amendments of the
Constitution. The boldness of the Court�s majority opinion seems to have
been influenced by the new cycle of purging and demonizing of foreigners
specially Arabs and Moslems under a policy of the Bush Administration on
preemptive attack. Despite its elaborate legal argument, the majority
opinion of the Court is essentially full of sophistry rather than long
term oriented guide or profound legal insight.
Nobody truly gains when
courts become courts of public opinion or simply become enablers of the
politics of the moment. The danger on criminal procedure in non-terrorist
crimes also should be considered in connection with the PATRIOT Act. The
lowered standard of presumption of innocence and suspension of the human
rights of suspected criminals by law-enforcement personnel (the police,
prosecutors et cetera) in the effort to fight terrorism under the
authority of the PATRIOT Act cannot simply get switched off. Considering
the fact that the Supreme Court had decided cases affecting the Miranda
protections [Miranda v. Arizona, 384 U.S. 436 (1966)] and allowed
questionable confessions and collection of evidence [See Illinois v.
Perkins, 110 S.Ct. 2394 (1990)], it is inevitable that the PATRIOT Act
contaminates all law-enforcement activities in both the Federal and State
governments. To hold otherwise is totally unrealistic.
It is on the issue of
world-perspective, on how things are for minorities specially people of
African decent in the rest of the World, where Cole made minimal effort to
incorporate the problems he raised in the United States with an overall
picture of the state of affairs in the World as an integrated and
interconnected whole. However, such discussion may be outside of the
thesis of the book when seen in light of the monumental undertaking of
Cole; he has courageously stepped out to warn us, at great risk to his
person and career, about very serious dangers facing us all by a
government administration that is increasingly becoming dictatorial
subverting principles of law and democracy. The creeping encroachment on
Constitutionally guaranteed rights such as freedom of speech and
association (First Amendment), rights against search and seizure (Fourth
Amendment), equal protection and due process of law (Fourteenth Amendment)
et cetera is a real setback that has taken back enormous ground of
development since the period of Civil Rights movement.
PART
TWO: COMMENTARY - EXPANDING COLE�S BOOK
IV.
Seizing Up the United States: Politics, International Relations
�Soft countries
breed soft men.� Cyrus the
Great [Herodotus, THE HISTORIES, Book Nine: 122]
Students in my logic
classes exert great effort to make the difficult distinction between an
explanation and an argument, which seems deceptively easy to do for many
inattentive and presumptuous people. Even the most astute reader routinely
fails to see such important distinction in every day communication. Thus,
I warn my readers what I offered as an explanation why individuals
act/react in destructive manner is not an argument of justification, but
an understanding or explanation as to why such individuals act the way
they do.
It is foolish for anyone to
expect absolute delamination of law from politics. It is in the nature of
social structures that the power structure and the law that is used to
prop up such power are both in the same social matrix. However, we can
have reasonable expectations that both power and law are used to benefit
society as a whole rather than serve individual ambition through schemes
that shreds the very delicate fabric of democratic government and
individual rights. As far as I am concerned, the most dangerous individual
is not the uninitiated person, a person without any sense of history, but
rather it is the person with a distorted view of history who is a real
danger to society and individual rights. When we study the background of
some of the worst brutal dictators such as Hitler, Mussolini, Stalin,
Mengistu, Doe, et cetera we can find common characteristics of limited
education and growing up in dysfunctional and often violent families. Such
situation is not limited to any one society but is a dangerous fertile
breeding ground of abusive leaders everywhere, including the United Sates
society.
Considering the many
benefits the United States had over the years from the United Nations
set-up and customary international law and practices, it is quite
incongruent for the Bush government to try to minimize or ignore such
crucial role in the present crises of terrorism and war with Saddam. The
open defiance of the United Nations by the Bush administration is like
cutting ones own nose to spite ones own face. Here is where great
statesmanship would have been handy in resolving a crisis without
demolishing the United Nations system of conflict resolution that took
over fifty years to rebuild after the League system collapsed setting off
the Second World War. This disrespect for international law and processes
that seems to be propounded by Donald Rumsfeld, Paul Wolfowitz and Company
from the Department of Defense, and their war-drum beaters on the outside
such as Richard Perle, who seem to find some way of making money (Trireme
Partners, Carlyle Group) from public policy problems, are on the attack
against a far more mature and distinguished soldier, Collin Powell of the
State Department, who brings in a degree of statesmanship, dignity, and
some sanity to America�s foreign relations.
One of the most disturbing
social phenomenon's I have observed here in the United States, which has
made me rethink my optimistic view of People living in the United States,
is their destructive illusion of �greatness� and �blessedness�
that almost every politician never fails to state with a straight face
given a chance to appear on television or public meetings. I cringe every
time I hear such self congratulatory moronic snobbishness, especially when
I hear members of disfranchised minority groups claiming such self
congratulatory bliss. The incessant and nauseating reference to �American�
people in news and commentaries by the media illustrate to me mass
insecurity or mass delusion of a people forgetting their humble
beginnings, or mass self denial of traumatized individuals finding comfort
in their own narcissistic cocoons.
Is the �American�
individual a human being or some other creature? This is not a stupid
question. Listening to people talking on television and the radio about
America, or their being Americans, and the way reporters and anchors of
news on television and radio broadcasters have developed almost
ritualistic daily self aggrandizement, I am tempted to think that
Americans maybe indeed from a different Planet! Even children of recent
immigrants, such as my own cousins who were either born here or came to
this country when they were very young think of themselves as a cut above
the people of the old country. However, the fact is totally different. If
a person really wants to know the background and legacy of the people who
are citizens of this nation, that person ought to read the poem by the
humanist Emma Lazarus (1849-1887), �The New Colossus,� which poem is
inscribed on the pedestal of the Statue of Liberty. The second stanza
reads:
��Keep, ancient lands,
your storied pomp!� cries she
With silent lips. �Give
me your tired, your poor,
Your huddled masses
yearning to breath free,
The wretched refuse of your
teeming shore,
Send these, the homeless,
tempest-tost to me
I lift my lamp beside the
golden door!��
Americans are one of the
most ordinary of people ever assembled to constitute a nation or a
community in World history.
And then in great contrast
to the humane Emma Lazarus, who was refined, well brought up, and well
educated, you have uncouth and vulgar hate mongers like Country music �super
star� Toby Keith who made millions of dollars screaming out some of the
most hate-filled lyrics ever written by anyone demonizing and dehumanizing
people in foreign countries because of their religion and
economic/technology situation. Toby Keith is a high-school dropout with no
talent except to croak like a frog his venomous lyrics to a moronic
cheering crowd. The following is part of �The Taliban Song� lyrics:
�I�m just a middle
aged, middle Eastern camel-herding� man.
I got a two-bedroom cave
here in northern Afghanistan.
So we prayed to Allah with
all of our might and then those big U.S. jets
come flying� in one
night.
They dropped little bombs
all over our holy land and man you
shoulda seen �em run,
like rabbits, they run: the Taliban.�
The huge consumption of
Toby Keith recordings shows the shared sentiments of millions of �Americans�
against mostly non-European people as a matter of shared national ethos
whether or not there was the 9/11 event. And such a �hatemonger� is
adored by millions of people including George W. Bush.
Just to give a very brief
perspective on the wealth of the United States, we must understand the
fact that no nation is an island, but interconnected with other nations
through trade, demographic movement et cetera. One must acknowledge, first
of all, that the American economy is fueled by deficit financing by
trillions of borrowed fund mostly diverted from the wealth and
petrodollars of underdeveloped nations, fund that should have been
properly used in the development of the economy and life at the sources.
How much of the World�s raw material imported at the cheapest possible
price in exchange for manufactured goods and farm products at an
exorbitantly high prices go into maintaining the obscenely high lifestyle
of Westerners and Americans is never taken into account by lightweight
politicians and leaders who never tire boasting of the rich life of their
communities.
The fact that there is a
human being somewhere in the world starving, oppressed, dehumanized, or
disfranchised is an indictment on all of us, and that we all have failed
in this life to discharge our duties to our fellow man. Boastfulness,
pride, inflated self importance, just like nationalism and racism, are all
primitive attitudes and not the state of mind of a �universalist�
person. There are many outstanding history books that one ought to read to
guard against the polarizing effect of cheap propaganda if one does not
trust ones own eyes in observing the suffering of billions and the greed
of the few around the world. A book that should be read by everyone on the
subject of the �people� who constituted the United States is a book by
the great American historian and philosopher Howard Zinn, A PEOPLE�S
HISTORY OF THE UNITED STATES (1980).
Another disturbing
phenomenon, which grew into ridiculous proportion during the tumultuous
second-term Presidency of Clinton, where Clinton seemed to calibrate his
bombing of targets in foreign countries with his crises at home, is using
the rest of the world as a �whipping-boy� or as a �punching-bag�
for United States leaders every time they get in trouble with their
domestic polls. Although starting wars in far off lands to divert
attention from domestic problems is not something new in history, whether
it is Clinton or the two Bushs inflicting great pain and destruction on
tens of thousands of human beings is a very questionable, dishonest, and
irresponsible conduct of foreign policy when the reason given to justify
such violence is dubious and violates international law at some level.
I have given up on the
United States Military a few years back, before the first Gulf War, after
a discussion I had with a retired high military officer who was a fellow
teacher at a community College in Maryland. In our discussion about the
Greek Government�s anti-American posturing at that time, the retired US
Navy-man bluntly told me that the United States should use nuclear weapon
if such anti-American attitude escalates into some form of military
confrontation. I was absolutely shocked by his statement and even more so
because of the fact that the individual was a first or second generation
Greek immigrant who still has family connections with cousins in Greece.
On reflection, I thought maybe that statement was directed at me and
people like me. In order to reach an educated conclusion on that very
disturbing discussion, I committed considerable time and effort in
learning about the United States military activities and its conduct in
battle fields.
It is the most sobering
ongoing reevaluation that I have made so far, and I am still learning the
depth and scope of the atrocities committed all over the world by the
military forces of the United States, for example, in Cambodia, Japan, the
Philippines, Iraq, Vietnam, et cetera not to mention the injustice and
crime committed against aboriginal or native people of earlier centuries
right here. Thus, my study of the history and eyewitness accounts on many
of the wars and conflicts the United States participated in since the
Second World War changed my prior innocent and unconditional admiration of
the military might of the United States to that of a disappointed
critique. The recent highly acclaimed documentary film by Errol Morris
titled appropriately �The Fog of War: Eleven Lessons From the Life of
Robert S. McNamara� based on McNamara�s recollections of the many wars
and battles that McNamara was directly or indirectly involved shows how
unnecessarily and wantonly destructive the United States military really
was. I am fully vindicated in my condemnations of the overkill of the
military of the United States Government in all of its engagement from the
Second World War to Iraq.
As to McNamara, although he
was given numerous opportunities over the years to be fully honest with
his views and his mistakes as Secretary of Defense during the Vietnam War,
he failed to do so through his equivocation and evasive answers. According
to a disgusted commentator, the character of McNamara is flawed �because
he is both a pathological liar and a comically pathetic braggart.�
[Alterman, �The Century of the �Son of a Bitch,�� The Nation,
15 Dec. 2003,10.] Even at this late stage of his life at eighty seven
years, McNamara could not bring himself to criticize the Bush
administration�s handling of the present crises in the Iraqi war and
occupation in a recent interview with Charlie Ross (December 29, 2003).
This is a question of character more than anything else. Wishy-washy
opportunist individuals, no matter how high they climb the ladder of
power, no matter which distinguished school they attended, will always be
looking after their pathetic lives and would not hesitate to compromise
universal principles, honor, honesty et cetera. These are kinds of
individuals that one finds throughout human history in every race and
culture who are cut from the same cloth of disposition of selfishness and
greed. Such batch includes officials involved in advising and maintaining
the security of dictatorial national leaders such as Mussolini, Hitler,
and Stalin.
To any objective observer,
at this period in human history, it is the United States Government and
its military that pause the greatest danger to World peace and security
and not the other way around. One obvious reason for such danger is the
nature of the power structure in United States that is not defused or
spread out among large interest groups and individuals to insure that
neither political nor military power is capriciously used against anyone
out in the World by a single individual or an exclusive group. Power has,
in fact, become progressively exclusive in the hands of very few
individuals usually with no meaningful check on their determined decision
to take the country to war. A clear example of this is how such few
individuals, who may be counted by the number of fingers on one hand, and
in collaboration with a handful of demagogue I-know-it-all �journalists�
such as Charles Krauthammer and Bill Kristol manipulated the United States
Government to launch an attack against Saddam Hussein. Thus, democratic
check and balance is nowhere to be found where it counts at the present
moment in the American government structure. It underscores the fact how
dangerous America is to the rest of the World because this giant of a
country could be moved about at the caprices and personal ambitions of few
well positioned individuals. It is quite disconcerting to anyone after
having believed for years the benign nature of �democracy� as
championed by the United States to realize that after all even in the best
possible government political power resides in the hands of very few and
at times racist individuals.
It is very upsetting to me
when I see this very many people buying into the patriotism frenzy without
realizing how they are being played like a fiddle by a handful of
individuals with personal agenda and goals, which at times seems to have
nothing to do with America�s interest. People seem to forget the fact
that it was on the decision of one esoteric man, Harry Truman, the least
accomplished President of the United States, that the United States
Government actually dropped nuclear bombs on non-military targets in
Hiroshima and Nagasaki killing and wounding almost a million innocent people women,
men, and children) and leveling two cities: a crime of genocide of the
worst kind! It has been shown by serious scholars that the war was over
and Japan was defeated already, and it was only a matter days before its
surrender when the bombs were dropped. No matter how people may justify
the dropping of the first nuclear bomb, there was absolutely no
justification for dropping the second nuclear bomb. Such wanton barbaric
act earned the United States Government the horrible distinction of being
the only Government in the World to have used Nuclear bombs against
hundreds of thousands innocent civilians.
Despite the past deaths of
hundreds of thousands of soldiers, often in heroic sacrifices specially
during the fight against the Fascists and Nazis in Europe, I believe the
United States military has changed far from an army in defense of freedom
and liberty to a trigger-happy force often on rampage to expand
imperialistic domination of the world. By judging from the recent behavior
of United States leaders and politicians of recent conflicts, the United
States government will not hesitate to use nuclear bombs on nations that
may engage it with credible non-nuclear military force. The greatest
danger to world peace and coexistence of nations in peace is paused by
nations with illusions of exclusivity and grandeur, illusion of �manifest�
destiny, or of being chosen for some glorious reward by a super-being.
These kinds of childish fantasies may have helped communities to survive
under hostile circumstances in primitive times, but have no validity at
this point in human history.
We know that school yard
thugs respect only those with power; they have no respect for decency or
the good of society. I am now in favor of the state of limbo of the Cold
War era than the present state of unchecked swagger and militarism imposed
on the American people by a handful warmongers surrounding the current
President. The absence of a viable second �world power� would only
promote injustice and more chaos because the urge to dominate and destroy
the weak seems to be a simple deeply seated character flaw of human
beings. From my own unscientific observation the reaction of my students
to the Iraqi conflict seems to confirm my suspicion that people tend to
support the government of the United States if they see it winning in any
undertaking, in other words the bandwagon phenomenon is at work here. If
there is no danger of retaliatory force against its actions, the United
States government, just like any other powerful government, will simply
become more and more belligerent because the nature of its political and
economic structure promotes the ascendance of a handful of exceedingly
polarizing handful of people who would control the public and plunge it
into more wars and conflicts.
As we have seen in the
decision making process of going to war against Saddam, the American
people will simply be manipulated into going to war by such few
overzealous individuals for their own personal goals with diminished sense
of the horror of war and no ethical strength to stop such meltdown of
civility and coexistence. It seems that most of the people surrounding the
current President, with their drum-beaters on the outside seem to have
lost their in-built human restraint of gracefully accepting the defeat of
an enemy. They have become like the Dove, a symbol of peace, but a
merciless killer once provoked into violence. It is a biological fact that
most primates including man, and other carnivorous animals do have a built
in instinctually triggered mechanism that inhibits them from further
attacking a fallen adversary. However, the Dove has no such inhibition.
Though it is a docile creature, if it is provoked to a fight, it will
simply prick and pluck its foe to death even if the adversary is
incapacitated and not fighting back.
V. In
Defense of the Indefensible
Maybe it was the limit set
by the thesis of the book itself that Cole did not find it necessary to
point out to us the many beneficial roles played out by the United States
in World history. Thus, to balance our views on World history and the
behavior of some of the governments of nations around the World, I have
interjected this section defending the United States. Of course, such a
section may not be included in an ordinary book review since it is outside
the purview of the book under consideration.
On the surface, the
creation and coming into power of the United States may look like as the
bloodiest series of events in human history, and the result of the work of
exceptionally greedy and selfish individuals. Is America a blessing and a
new stage in human history that has uplifted mankind to new higher
platform of human rights, political freedoms, and economic development and
wealth? Having lived in the United States for almost thirty years, and
having witnessed the change of five Governments, I have come to the
realization that it is a mistake to make a sweeping condemnation of the
United States. However, for reasons I am not going to go into details in
this short article, America has in fact elevated humanity to a higher
phase of reality in far subtler ways than what seems to be the case at
first blush. It is not as a naive new refugee almost thirty years ago
believed it to be found in the glitter and the jive, but in far more
enduring ethical standards of volunteerism of simple folks.
As a �Black� man (a US
Government designation not mine), I realize that specially the Black man
is between a rock and a hard place in any community around the world. I
can say with certainty that even in my own birth nation I would not last a
day before a nefarious and brutal dictatorial government would eliminate
or incarcerate me. Millions have suffered such fate around the world.
Elsewhere in the world too the persecution and abuse against a black
person is relentless. In the long run, it is in the United States that the
Black man or any minority has a fighting chance of survival as a human
being without being totally dehumanized and terminated. Thus, my criticism
of the governments and officials of the United States should not be
misconstrued as some form of support to the brutal and often dictatorial
governments elsewhere in the world. It is only in the higher interest of
improving the political and moral content of the United States Government,
as well as that of the society in general, that I have written the above
scathing criticism of the United States, its Citizens, Government, and
officials.
The recent collapse of the
Union Soviet Socialist Republic (USSR) in the 1980s was seen by a number
of political scientists, historians, and philosophers as the harbinger of
a new era of World peace and economic revival. In the twenty years since,
much has happened that make us optimists to reevaluate the significance of
that momentous event. After all, the evil that lurked in the Soviet system
was not limited to the People of the USSR but is to be found across the
World�s population--it is the human in all of us that harbor such
impulse. The racism and the corruption that followed in the wake of that
change are turning bureaucratic oppression into racial oppression. The few
Africans and other minorities living in Russia and former East-Block
countries are experiencing brutal and often deadly discrimination by the
now liberated population.
It is not the first time
that �Black� people were exterminated by Caucasians or Asian people.
According to Arktinos and Homer, in antiquity, the soldiers of Memnon, the
Ethiopian warrior-king who fought on the side of the Trojans against the
Greeks (the Greeks were trying to recover Helen their Queen who had eloped
with Paris the Trojan Prince), settled around the Black Sea area after
their leader Memnon was killed by Achilles in single combat. They were
later identified as the Colchians (Ethiopians) of the south-eastern shores
of the Black Sea whether they arrived from Susa, Elem (in present day
Iraq) or Sais (Egypt). They were completely wiped out by the indigenous
Caucasian population. Even in earlier times, it is asserted by van
Sertima, the famous historian/anthropologist that the English Isle was
first populated by Black people who were completely destroyed by new
immigrant Anglo-Saxon settlers from mainland Europe. The Black people of
Lagash, Sumer, the founders of settled life and civilization in that part
of the world were either killed out or swallowed up by the majority
population of Chaldeans, Medes, Akkads et cetera. What happened to the
millions Africans sold into slavery in the Arabian Peninsula in the last
one thousand years remains a mystery and ought to be studied.
If we take China, the
reaction to the presence of a minuscule population of Africans who were
students was absolutely horrendous. A couple of decades ago African
scholarship students were brutally attacked by the local population and as
a result almost every single one of those students left China. It is the
most bizarre race prejudice since China has no minority Black population
for thousands of years from the time the Black people of China were wiped
out in earlier times. Xenophobia specially against Black people is one
serious problem that China and other Asian societies have yet to deal
with. India, despite its long history of experiment with democracy is
still mired in obnoxious caste system where tens of millions of Indians
mostly darker skinned Indians are forced to lead a subhuman existence.
In some significant areas
of individual rights, the United States is way ahead of the game,
specifically when it comes to the overall direction its record on human
rights seems to be pointing. It has purged major stumbling blocks of
racial and gender discrimination, caste system, the polarization effect of
wealth et cetera that European nations to a limited extent, Russia, China,
India, Japan in major ways have as yet to confront. Russia and former
Eastern Block nations are becoming the worst abusers of Africans or people
with African decent in their respective communities. Asiatic nations such
as China, Japan, Indonesia et cetera have been making tremendous profit
with their one sided foreign trade with African nations that they have to
work hard to bring about good relationship with Africans and black people
in general.
Even close allies of the
United States who share similar historical and cultural background, and
with considerable number of minority presence in their respective
societies such as Britain and France, even Canada do not have minority
representatives in their parliaments or elected offices nor any in high
government posts comparable to that of the United States. You do not find
Black men or women such as Powell or Rice appointed to such high
government offices in European nations. However, African-Americans do not
seem to have taken full advantage of their wealth, position of influence
et cetera to the great benefit and strengthening of the African-American
community.
I think that it will be
wrong to draw a definitive single picture of the United States by just
examining only its constitutive parts, for America is a state of mind more
than a physical presence that transcends the limitations of its parts. In
the spirit of new immigrants, it is a whole lot more than its parts. For
some of us, especially those who escaped from the jaws of political and
religious persecutions, though small in number and a battered lot at that,
it is a ground where we are making our last stand against the forces of
oppression where ever we find them in like manner as the legendary
Ethiopian Patriots who fought Fascist Italy for five horrendous years with
nothing more than their bare hands or the Three Hundred Spartans who
traveled all the way to Thermopile pass and took on half-a-million-men
Army of Xerxes and died to a man in defense of their freedom and their
ideal.
The strength or weakness of
a society is wholly the function of its organizational principles based on
its religion and value system with some accidental creative discovery of
physical (natural) laws leading to technological advances. It is quite
reveling to me to witness in recent conflicts in Iraq and Afghanistan that
the inheritors of the glorious civilizations of Nebuchadnezzar, Cyrus the
Great, et cetera hiding in caves and grottos with their dated rifles and
scavenged weapons while being bombed with impunity from the air with
sophisticated fighter planes and helicopters with laser guided missiles
and all kinds of bombs by the children of people immortalized in Emma
Lazarus poem. �The wretched refuse of your teeming shores.� We learn a
lot from this vignette that it is not lack of courage or lack of
individual intellectual capacity that resulted in the devastating defeat
of Iraqi soldiers or Taliban fighters. In fact, through a process of
illuminating what is common in both nations with that of the United
States, we can easily identify what is different that determined one
community to be a loser and the other a winner, and that difference is the
lack of liberating ideas and democratic political systems in Iraq,
Afghanistan or the Middle East in general.
The above quoted statement
at the beginning of Part Two by Cyrus the Great was in response to the
urging of short-sighted but overzealous subordinates trying to convince
the great Cyrus to move his entire population to a more fertile and well
watered area in Thrace and beyond (present day Austria, Romania, Serbia)
once Cyrus had successfully created his empire by incorporating Lydia
(present day Turkey). Cyrus�s response was that his native land Media
(part of present day Iraq and Iran) with its hard and rugged land lent
them strength, and if they move away from such tough life, they will
become land owners with people working for them and growing soft thereby
sealing their doom (fate). Herodotus, Book Nine: 122] The United States is
growing fat and blotted and corrupted not only physically but also
ethically. My defense of the United State as an �ideal� and �a state
of mind� above does not in any way exonerate its many government leaders
since its birth, except very few, who have abused and dehumanized peoples
and nations all over the world. A lot of people do not seem to realize how
dangerous the current Government is to the World and to Americans at home.
Conclusion:
In Tandem (Part One and Two)
The most frightening
government is a government where a very incapable and mentally �weak�
person ascends the power structure and becomes the President of the United
States and falls in the hands of a select few corrupt and powerful
individuals [as the case was suggested in the 1971 book Being There
by Jerzy Kosinski, and superbly acted by Peter Sellers in the movie
version in 1979]. It is no secret that despite his affable personality and
wholesome family-man image, George W. Bush is perceived both here in the
United States and elsewhere in the World by a number of people as a person
who is intellectually-challenged. The recent confessional book on the
former Secretary of the Treasury Paul O�Neill [THE PRICE OF LOYALTY] did
not dispel that perception. Those officials who expressed such concern
were either censored by their respective governments (Canada, Germany,
Mexico)or unceremoniously bushed out of office. These types of personal
feelings should not have counted for much because I felt about Bush the
father as a far more decent and heroic man than either Reagan or Clinton,
and yet he lost the Presidency to a virtual unknown.
Almost all of my students
in my Ethics and other Philosophy courses and several fellow teachers and
friends, a representative sample of the American public, with whom I had
conversations at different depth seem to believe that George W. Bush is
sincere and has the best interest of the nation at heart, but has no idea
how that interest really is to be achieved because of his limited
knowledge of the intricacies of domestic government and international
relations and practices. Some believe he has caused United States�
long-term interest greater harm than any United States president in
history. Even more alarming is what seems to be the acute disharmony in
the American political psyche between those who support George W. Bush and
those who oppose him. A number of people seem to think that Vice President
Cheney and advisor Rove are playing the role of a svengali to an
impressionable and naive George W. Bush. However, I suspect that the
reality of that relationship might be a surprisingly complex one, and
George W. Bush may indeed have himself as the center of his effort, and
may turn out to be a very clever politician after all.
By focusing more on
personalities, let us not lose sight of the real danger to us who live
here in the United States or to people who live all over the world. The
danger we all are facing is coming from ceding our freedoms and liberty in
times of crises to government functionaries and to the system they put in
place to do as they please on the excuse of protecting national security
and the welfare of citizens. In fact, it is during such crises, as David
Cole has warned us in his book, that we ought to be far more vigilant on
the accelerated encroachment on our civil and political rights and the
violation of our human dignity. We need to protect the �stranger�
among us from abuse and violence against his or her rights and human
dignity for our own sake; for the same governmental hand raised against
the �stranger� in abuse and violence is more often the hand that ends
up being directed at each one of us. As a lasting reminder I quote back
Cole�s quotation of Hermann Cohen, from the Front page of his book: �The
alien was to be protected, not because he was a member of one�s family,
clan, religious community; but because he was a human being. In the alien,
therefore, man discovered the idea of humanity.� [Cole, vii]
Goodness is the highest
virtue in any culture even though it might take different forms of
expression. The measure of a good person is not weighed in by his or her
support of popular views or by support of what is mainstream, but it is
when he or she stands apart even at the risk of his or her own personal
safety because of his or her compassion for the �stranger� amongst us.
It is best expressed when one supports unpopular causes and when one
stands in defense of the defenseless. Reemphasizing the seriousness of the
subject addressed by David Cole in his extremely important book, ENEMY
ALIENS, I conclude this hybrid of review and commentary with my great
admiration of the courage and dedication of David Cole for warning us, in
the great tradition of the Prophets of the Old Testament, about the
enormous loss of our ethical values and about the danger facing us all in
the officials of the Government of the United States pursuit of a policy
of trading of �foreign nationals� liberties for citizens� security�
by using methods affecting our individual freedoms and liberty and human
dignity. The book is an affirmation of the unity and oneness of all human
beings.
Tecola W. Hagos
January 2004
Back to Top
|