As we slog towards another vapid, largely meaningless exercise in pretend democracy with the selection of a new president and Congress this November, it is time to make it clear that the current president, elected four years ago by so many people with such inflated expectations four years ago (myself included, as I had hoped, vainly it turned out, that those who elected him would then press him to act in progressive ways), is not only a betrayer of those hopes, but is a serial violator of his oath of office. He is, in truth, a war criminal easily the equal of his predecessor, George W. Bush, and perhaps even of Bush’s regent, former Vice President Dick Cheney.
Let me count the ways:
* For starters, in vowing to “preserve, protect and defend the US Constitution of the United States,” President Obama, upon taking office, had a sacred obligation to prosecute the people who had gravely wounded that document prior to his assuming office. It was clear, as I wrote in my book The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office (St. Martin’s Press, 2006), that Bush and Cheney had ordered and condoned and covered up torture of captives in their so-called “War” on Terror, as well as in the very real wars against Iraq and Afghanistan, committing grievous war crimes that are not only violations of international law, but of the US Criminal Code, given that the US is a leading author and signatory of the Geneva Accords). They also were war criminals of the first degree for orchestrating, through lies to both the UN Security Council and the US Congress and the American people, about the alleged threat and imminence of any threat by Iraq to the US or its allies. President Obama, under the UN Charter and under US law, as the president, commander in chief and top law officer in the nation, was bound to investigate and prosecute those crimes. Instead, he ordered that there would be no prosecutions.
* A federal court also ruled that President Bush had committed a felony in using the National Security Agency and several complicit telecommunications companies to spy on massive numbers of Americans with no warrants. Again, instead of prosecuting the president once he replaced him, President Obama said there would be no prosecution, and he went on to expand that spying program exponentially, effectively shredding beyond recognition the Fourth Amendment against unreasonable searches and seizures, which had been a leading rallying issue for the revolutionists of 1776.
* President Obama, on his own initiative, has moved beyond the illegal wars in Iraq and Afghanistan, launching illegal wars against Libya, Yemen and Pakistan, largely through the use of American military aircraft, cruise missiles and especially pilotless drones. In addition to being illegal acts of war against nations that pose no imminent threat to the US, these clear acts of war have caused vastly disproportionate civilian deaths — reportedly as many as 40 civilians, including many children, are being killed by drone strikes inside Pakistan for each of the supposed targeted “terrorists.” Jist the disproportionality of such “collateral damage” is a heinous war crime, even leaving aside the illegality of such strikes being conducted by the US within the border of a sovereign nation not at war with the US. Read More