Are Presidents Entitled to Kill Foreigners?
by
James Bovard
by James Bovard
DIGG THIS
What is the
common term for ordering soldiers to kill vast numbers of innocent
people?
A war crime.
But not when
it is done on the command of the U.S. president.
Killing innocent
foreigners seems to be a perk of the modern presidency akin
to the bands playing Hail to the Chief when he
enters the room.
Bush is revving
up the war threats against Iran. Seymour Hersh reported in the current
issue of the New Yorker that the administration is
advancing plans to bomb many targets in Iran. British newspapers
have confirmed that the Pentagon has a list of thousands of bombing
targets. Hardly anyone claims that Iran poses a threat to the United
States.
Yet few people
in Washington seem to dispute the presidents right to attack
Iran. It is as if the presidential whim is sufficient to justify
blasting any foreign nation that does not kowtow to the commands
of the U.S. government.
Jack Goldsmith,
a former top Bush appointee in the Justice Department and now a
Harvard Law professor, observes in his new book, The Terror
Presidency, The president and the vice president always
made clear that a central administration priority was to maintain
and expand the presidents formal legal powers. And the
power to attack foreign nations is one of the most valued prerogatives
of todays Republicans.
Bushs
top advisors and especially the vice president are
devoted to a Nixonian view of absolute power for the commander in
chief. After he was driven out of office in disgrace, Nixon told
interviewer David Frost in 1977, When the president does it
that means that it is not illegal. Frost, somewhat dumbfounded,
replied, By definition? Nixon answered, Exactly.
Exactly.
This seems
to be the attitude of Bush and his war planners towards Tehran.
Pentagon Deputy Assistant Secretary Debra Cagan recently told several
British Members of Parliament that I hate all Iranians.
Perhaps Cagan got her position because of such prejudice towards
nations that Bush formally designated as evil. At the
same time that Congress is considering hate-crime legislation, ethnic
hatred may be driving U.S. plans to slaughter Iranians.
For Bush,
attacking Iran may simply be a question of checking off another
item on his final To Do list or one more wild swing at making
himself a legacy. Bush told a biographer that, after he leaves office,
he looks forward to receiving ridiculous (in his words)
speaking fees of $75,000 per talk. He is also looking forward to
putting in some time on his fantastic Freedom Institute.
The fact that
thousands or hundreds of thousands of Iranians might die is irrelevant.
Bush appears far more concerned about baseball statistics than the
body counts compiled by the U.S. military abroad. The fact that
many Americans could also die either during the attack or
from Iranian retaliation on U.S. forces in Iraq doesnt
appear to be costing Bush any sleep.
No
American politician has ever been sentenced to death for ordering
U.S. soldiers to kill innocent foreigners. Such orders have gone
out many times from the Philippines in the early 1900s, to
Haiti in the 1910s, to Vietnam in the 1960s. There have been many
other conflicts in which American presidents rubber-stamped U.S.
military rules of engagement that guaranteed carnage among foreign
women and children.
Americans
cannot expect to have good presidents if presidents are permitted
to make themselves tsars. The president and his top officials should
face the same perils common citizens face when they are accused
of breaking the law. Seeing a president answer for his crimes would
be public education at its best. Consider how the subsequent course
of American foreign policy might have differed if Lyndon Johnson
or Richard Nixon had been tried, convicted in federal court, and
punished for committing war crimes.
Perhaps
Bush thinks that starting another foreign war will help boost demand
for his speeches among groups that want to see U.S. forces kill
more Muslims. But if he cares about freedom as much as he claims,
he will cease acting as though he is above the law. And if Bush
refuses to restrain himself, Americans should remember the wisdom
of Thomas Jefferson. Sometimes the threat of a noose is the best
way to keep the peace.
October
6, 2007
James Bovard
[send him mail] is the author
of the just-released Attention
Deficit Democracy, The
Bush Betrayal, and Terrorism
& Tyranny: Trampling Freedom, Justice, and Peace to Rid the
World of Evil. He serves as a policy advisor for The
Future of Freedom Foundation. Visit his
website.
Copyright
© 2007 The Future of Freedom Foundation
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