Giving Up on Justice

by Keith Cooper

From Broader View Weekly, February 18, 2010

One of the most tragic victims of the attacks of 9/11 appears to be the sense of justice that has long been a core American value. Through the rage inspired by fear mongering politicians and pundits, U.S. citizens were manipulated into trading ethics in the interest of security.

My brother Gordon’s column illustrates this transition perfectly. While his rambling rant is nearly as incoherent as the coerced confession of Khalid Sheikh Mohammed, which he cites, the message is clear: when it comes to national security anything goes.

I find it interesting that Gordon implies that Attorney General Eric Holder has overstepped the bounds of constitutional law. The Bush administration had been so frustrated by the constraints of the constitution that they effectively skirted the law by declaring a war on terror. This declaration against an imaginary foe created the perfect storm of policy. It allowed terror suspects to be categorized not as the criminals they are, but as enemy warriors. It also changed the way suspects could be detained, interrogated and treated. The Bush administration legitimized techniques and strategies that were heretofore unthinkable.

For these offenses, the principles of the Bush administration should be investigated fully. Any constitutional transgressions should be prosecuted and officials should be held accountable. However, neither President Barack Obama, nor the Department of Justice is seeking to formally investigate Bush era policies.

What the Attorney General and the Obama administration do seek is to hold accountable the crafters and perpetrators of terror against the United States. Their intent to show strength and resolve by holding the trials within shouting distance of Ground Zero was meant to display undeniable symbolism. Unfortunately, political fallout and exaggerated security issues combined to make the location impossible to stage.

A couple of weeks ago the administration conceded this fact and officially announced that the trials would go on, but at some as yet unknown alternate site. New York City politicians and business organizations began putting pressure on state and federal administrations to reverse the decision and were able to sway Obama and Holder. Of course, in Glenn Beck’s delusional alternative universe none of this tug-of-war mattered. Nope. It was the miraculous election of a messiah in the form of Scott Brown and his rise to power on the crest of the tidal wave that is the Tea Party movement. Apparently, my brother has been drinking Beck’s Kool-Aid since he seems to believe that every shift and decision is a reaction to the seismic power of the Tea Partiers. It is impossible to deny the national impact of this movement, but it is naïve to insist that the political landscape is completely shaped by Sarah Palin’s adopted minions.

What is clear is that opposition to these trials has been inspired by groups like Keep America Safe – an activist organization run by former Vice President Dick Cheney’s daughter Elizabeth Cheney and conservative operative Bill Kristol. Keep America Safe was formed to justify Bush administration policy and to attack Obama’s policy with regard to national security. These groups have been effective in controlling the message and characterizing ethical conduct as weakness and “giving aid and comfort to the enemy” (in the words of former VP Cheney). The result is the undermining of the judicial system that has been an effective pillar of our civilization for centuries.

My brother isn’t alone in his belief that justice should be suspended in the cases of suspected terrorists. Even politicians like Long Island Representative Pete King believe the federal trials should be abandoned altogether. But the thought that Gordon’s assertion that the judicial process is unnecessary is echoed elsewhere in our society is troubling.

Commitment to the constitution, respect for the rule of law and trust in the system of justice are traditional American values. We should not be manipulated into abandoning those values out of fear.