*ON HOLD*
*
*
<http://latuffcartoons.wordpress.com/tag/syria/>
*
*
**
*As you know, Obama is postponing his attack on
Syria<http://www.truthdig.com/eartotheground/item/obama_postpones_syrian_strike_20130831/>while
he ostensibly waits for Congressional approval. What do you think
will happen? I think the worthless wankers in Congress will fall into line.
After all, they have to give something back for all the bribes they take
from Raytheon, Northrup Grumman, etc. Corporate America produces weapons,
and corporate America expects those weapons to be used. We need war, dammit!
*
*
*
*Meanwhile, we still don't have solid evidence of who, exactly, used
chemical
weapons<http://www.mintpressnews.com/author/dale-gavlak-and-yahya-ababneh/>.
-LS*
**

------------------------------

*BRAIN POWER*
*
*
<http://intrepidheroine.tumblr.com/>
*
*
**
*"There but for the grace of God go I." It's a familiar saying. But how
many of us really grasp what it means? I suspect that those of us lucky
enough to never have gone without, who acknowledge that luck, have this
saying always in the back of our minds. Now there's
research<http://www.truthdig.com/eartotheground/item/poverty_damages_the_mind_20130831/>showing
how much the backs and the fronts of our minds would be affected if
that lucky state of affairs weren't the case. -LS*
**
* *

------------------------------

*LUV NEWS ACTION OF THE MONTH*
**  <http://intrepidreport.tumblr.com/>



*For September's Action of the Month, LUV News asks you to support Intrepid
Report <http://luvnews.info>. -LS*
*
*
**
------------------------------


*We have "doublethink" and we have "newspeak." Orwell wrote about them in
1949 in his famous dystopian novel, the title of which has become a warning
bell and a rallying cry. Problem is, too many people, especially those who
make up our most powerful institutions, don't heed it.  -Lisa
Simeone<http://abombazine.com>
*

<http://www.betterlivingthroughbeowulf.com/?p=16730>


 Note to the New York Times: ‘War is the Health of a Totalitarian
State’<http://www.commondreams.org/view/2013/08/31-4>
by Howard Friel <http://www.commondreams.org/howard-friel>

Speaking to tens of thousands of U.C. Berkeley students on May 21, 1965,
Norman
Mailer
bellowed<http://www.amazon.com/WE-ACCUSE-Norman-Contributor-Mailer/dp/B001H1NFFI/ref=sr_1_1?s=books&ie=UTF8&qid=1377842734&sr=1-1&keywords=we+accuse+mailer>
,* “War is the health of a totalitarian state. And peace is its disease.”
In the same breath, Mailer said, “No philosophy of government can occupy
nine-tenths of the globe without being altered to its roots.”*

The occasion was Vietnam Day, the 35-hour, antiwar marathon on the Berkeley
campus. It was Mailer’s first speech against the war in Vietnam, but those
words resound today. Or they should, including at the *New York Times*,
which, like the courts and the Congress, has failed ever since, to the
point of constitutional malfeasance, in its acquiescence to the illegal
wars of the United States.

Author Norman Mailer speaks at an anti-Vietnam war rally at the bandshell
in New York's Central Park, in this March 26, 1966 photo. (AP Photo/David
Pickoff)The result: As Mailer in a sense foretold, since 1965 the
philosophy of government in the United States has indeed changed, in
general from liberty and democracy grounded in the Bill of Rights and the
finest Constitution in the history of the Western world, to an obsession
with security within the most secure state in history, set apart in the
northern western hemisphere and cradled between two great oceans.

*To the extent that a threat exists today, it is homegrown, incubated in
Eisenhower’s “military-industrial complex”—today a
military-intelligence-surveillance-complex—which, as we've recently
learned, is ominously inwardly focused.*

This wealth-robbing, rights-robbing, multifarious machine, which appears to
wag the executive, the legislature, the judiciary, and the press—the entire
constitutional scheme—makes serial war of one sort or another around the
world. That, in turn, *fuels the hatred that engenders the terrorism* that
creates the security obsession that sells more war. As Mailer warned, it is
the positive feedback loop of a totalitarian state.

*Constitutional malfeasance and the Times?*

Here is the backstory, beginning in this instance with Vietnam.

In 1967 the Lawyers Committee on American Policy Toward Vietnam, chaired by
Richard Falk, and which included some of the most prominent international
law scholars and foreign policy intellectuals at the time—Quincy Wright,
Hans Morgenthau, and Stanley Hoffmann, among others—wrote in Vietnam and
International
Law<http://www.amazon.com/Vietnam-International-Committee-American-Torwards/dp/B000JVOLQY/ref=sr_1_5?s=books&ie=UTF8&qid=1377842969&sr=1-5&keywords=vietnam+and+international+law>,
*“To the extent that the war actions by the United States in Vietnam
violate international treaties, they also violate the United States
Constitution.”*

How so? The supremacy clause of the Constitution (Article VI,
paragraph
2<http://www.archives.gov/exhibits/charters/constitution_transcript.html>)
states that “all treaties made, or which shall be made, under the authority
of the United States, shall be the supreme law of the land.”

The single most important treaty ratified by the United States is the UN
Charter <http://www.un.org/en/documents/charter/>, the cardinal rule of
which (Article 2, pararaph
4<http://www.un.org/en/documents/charter/chapter1.shtml>)
prohibits “the threat or use of force” by states in the conduct of their
international relations.

Thus, the Lawyers Committee argued that because U.S. war actions in Vietnam
“above all … violate the Charter of the United Nations … they also violate
the U.S. Constitution.”

In short, when the United States resorts to the threat or use of force
in *violation
of the UN Charter, as it did in Vietnam in the 1960s, Iraq in 2003, in
Pakistan and Yemen in recent years, and against Syria in recent days, it
also violates the United States Constitution. The U.S. press, including
the New
York Times, employs no editorial principle that holds the war-making of the
government to this constitutional standard.*

Crucially, the Lawyers Committee on Vietnam also observed that* “because
these [war] actions” in Vietnam “violate the supreme law of the land, the
question as to which branch of the Government may delegate to another
branch legal powers to authorize [the war actions] becomes irrelevant. No
branch of Government is permitted directly or indirectly to violate the
Constitution.” Thus, under the U.S. Constitution, the Congress may not
declare war, and the president may not conduct war, in violation of the UN
Charter.*

*Also, the Nuremberg Principles define a “crime against peace” as
“planning, preparation, initiation, or waging of a war of aggression or a
war in violation of international treaties, agreements, or assurances.” *The
major Nazi officials were tried and convicted at Nuremberg of “conspiracy
to commit aggression” and “the commission of aggression.” These are the
very same crimes committed by U.S. government officials who planned and
waged illegal war in Vietnam and Iraq.

In his opening remarks as chief judge at Nuremberg, U.S. Supreme Court
justice Robert H. Jackson famously
said<http://content.time.com/time/magazine/article/0,9171,852564,00.html>
:* “We must never forget that the record on which we judge these defendants
today is the record on which history will judge us tomorrow. To pass these
defendants a poisoned chalice is to put it to our own lips as well.”* *Thus,
the rules of international law that we Americans apply to others should
also be applied to ourselves.*

Enter, again, the *New York Times*.

In our book, *The Record of the Paper: How the New York Times Misreports US
Foreign Policy *(Verso 2004), which I coauthored with Richard Falk, and
which examined the *Times*’ coverage of U.S. military and foreign policy
from the perspective of international law, we found that, with *respect to
the 2003 invasion of Iraq, the Times never mentioned the words “UN Charter”
or “international law” in any of its 70 editorials on Iraq from September
11, 2001 to March 23, 2003 (the start of the invasion). It simply never
challenged the legality under international law of the threatened U.S.
invasion of Iraq.*

Likewise, the *Times* seldom mentioned, if at all, the Charter’s
prohibition of the threat and use of force in its coverage of war actions
by the United States in Vietnam.

*Consistent with its journalistic practice, the Times to date has not
mentioned the UN Charter’s Article 2(4) prohibition against the threat or
use of force in its news and editorial coverage of the Obama
administration's threats to bomb Syria. *Note that the standard here is the
mere mention of this fundamental rule of modern international law by the
leading news organization in the United States.

Thus, in a report published on August 28, “West Debates Legal Rationale for
Syria
Strike,”<http://www.nytimes.com/2013/08/29/world/middleeast/west-scrambles-for-legal-rationale-for-syria-strike.html?pagewanted=1>
the *Times*’ Steven Erlanger wrote about the international law context of
the U.S. threat to bomb Syria without mentioning Article 2(4) specifically
or the prohibition against the threat or use of force generally.

*On August 27th, the editors at the Times editorial page approved for
publication an op-ed piece with the title, “Bomb Syria, Even If It Is
Illegal<http://www.nytimes.com/2013/08/28/opinion/bomb-syria-even-if-it-is-illegal.html?ref=opinion&_r=0>
.”*

That sentiment apparently reflected the consensus view within the *Times*’
editorial board, as presented in an August 27th editorial, “Responding to
Syrian
Atrocities<http://www.nytimes.com/2013/08/27/opinion/responding-to-syrian-atrocities.html>,”
which called on President Obama to bomb Syria without an authorizing
resolution from the UN Security Council.

Also on August 27th, Andrew Rosenthal’s blog
page<http://takingnote.blogs.nytimes.com/2013/08/27/how-to-legitimize-intervention-in-syria/?ref=opinion>
on
the *Times*’ online edition observed that President Obama should, “at a
minimum, secure backing from legislative leaders for military action”
against Syria, although such backing would fulfill neither constitutional
nor international law standards for a legal use of force.

*On August 29th, a Times’ editorial titled, “More Answers Needed on
Syria<http://www.nytimes.com/2013/08/29/opinion/more-answers-needed-on-syria.html>,”
contradicted nearly every major feature in its editorial two days earlier,
except for one: it never mentioned the UN Charter’s prohibition against the
threat or use of force, and allowed that President Obama could bomb Syria
if he did a better job of explaining in his view why he should.*

On August 31st, a *Times*’ editorial, Absent on
Syria<http://www.nytimes.com/2013/08/31/opinion/absent-on-syria.html?hp>,
argued: “The [UN] Security Council should have quickly formulated a robust
response, including tough sanctions, to the chemical weapons attack, near
Damascus on Aug. 21. Instead, Russia and China, which have long protected
Mr. Assad, have thwarted any Council action. They seemed to care little
that chemical weapons use is a war crime, that the weapons are banned under
international treaties and that as veto-wielding Council members, they,
along with the United States, France and Britain, have a responsibility to
ensure these legal commitments are upheld.”

*Perhaps if the Times had a journalistic history of holding its own
government to its own commitments under international law, perhaps if the
facts were established with respect to the party responsible for the recent
use of chemical weapons in Syria, perhaps if the U.S. hadn't lied about
Iraqi WMD, and perhaps if U.S.-led UN economic sanctions against Iraq in
the 1990s hadn't caused the deaths of hundreds of thousands of Iraqi
children, this editorial might make some moral or legal sense.*

Overall, the plea here to conform U.S. foreign policy and U.S. press policy
to international law is not an appeal to abide by empty legalisms. It is a
demand, perhaps a selfish one, to put a stop to the illegal war-making of
the United States so as to rescue the Bill of Rights and the U.S.
Constitution.

With respect to the calamitous war in Syria, instead of a U.S. military
attack as somehow being the remedy for the human suffering that is taking
place there, including the crimes committed by both the Syrian government
forces and the armed rebels against civilians, the United Nations, with
U.S. support, should greatly accelerate its efforts to mediate and resolve
the conflict along the lines of the Geneva
Communiqué<http://www.un.org/News/dh/infocus/Syria/FinalCommuniqueActionGroupforSyria.pdf>
of
June 2012.

This would have been a far less disingenuous course of action for the *Times
* editorial page to recommend, an opportunity to break its pattern of
supporting the illegal war-making of the United States, and a chance to
begin to mend its contribution to the dissolution of the rule of
enlightened law and civil liberties here.


This work is licensed under a Creative Commons Attribution-Share Alike 3.0
License
Howard Friel is coauthor with Richard Falk of Israel-Palestine on Record:
How The New York Times Misreports Conflict in the Middle
East<http://www.amazon.com/dp/1844671097?tag=commondreams-20/ref=nosim>(Verso,
2007), and with Falk of The Record of the Paper: How The New York Times
Misreports U.S. Foreign
Policy<http://www.amazon.com/dp/1844675831?tag=commondreams-20/ref=nosim>(Verso,
2004). His most recent book is The Lomborg Deception: Setting the Record
Straight about Global
Warming<http://www.amazon.com/dp/0300171285?tag=commondreams-20/ref=nosim>
(Yale
University Press, 2010).

http://www.commondreams.org/view/2013/08/31-4
**
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