FATAL VISION: THE DEEPER EVIL
    BEHIND THE DETAINEE BILL
    ("Big Brother" Government
    Is Now Here In The U.S.)
    By Chris Floyd, T.O. UK Reporter
    t r u t h o u t | Perspective
    Tuesday, 3 October 2006
    [Copyright (c) 2006 in the
    U.S.A. and Internationally
    by t r u t h o u t (.org),
    Empire Burlesque (Chris' blog)
    and/or Chris Floyd.
    All rights reserved.]

    (This is a slightly revised version of a piece that first appeared on the Oct. 2nd edition of Truthout.org .)

    There is no week nor day nor hour when tyranny may not enter upon this country -- if the people lose their confidence in themselves -- and lose their roughness and spirit of defiance.
--- Walt Whitman

    I.

    It was a dark hour indeed (on Friday, September 29th, 2006) when the United States Senate voted to end the constitutional republic and transform the country into a "Leader-State," giving the president and his agents the power to capture, torture and imprison forever anyone -- American citizens included -- whom they arbitrarily decide is an "enemy combatant." This also includes those who merely give "terrorism" some kind of "support," defined so vaguely that many experts say it could encompass legal advice, innocent gifts to charities or even political opposition to US government policy within its draconian strictures.

    All of this is bad enough -- a sickening and cowardly surrender of liberty not seen in a major Western democracy since the Enabling Act passed by the German Reichstag in March 1933. But it is by no means the full extent of our degradation. In reality, the darkness is deeper, and more foul, than most people imagine. For in addition to the dictatorial powers of seizure and torment given by Congress on Thursday to George W. Bush -- powers he had already seized and exercised for five years anyway, even without this fig leaf of sham legality -- there is a far more sinister imperial right that Bush has claimed -- and used -- openly, without any demur or debate from Congress at all: ordering the "extrajudicial killing" of anyone on earth that he and his deputies decide -- arbitrarily, without charges, court hearing, formal evidence, or appeal -- is an "enemy combatant."

    That's right; from the earliest days of the Terror War -- September 17, 2001, to be exact -- Bush has claimed the peremptory power of life and death over the entire world. If he says you're an enemy of America, you are. If he wants to imprison you and torture you, he can. And if he decides you should die, he'll kill you. This is not hyperbole, liberal paranoia, or "conspiracy theory": it's simply a fact, reported by the mainstream media, attested by senior administration figures, recorded in official government documents -- and boasted about by the president himself, in front of Congress and a national television audience.

    And although the Republic-snuffing act just passed by Congress does not directly address Bush's royal prerogative of murder, it nonetheless strengthens it and enshrines it in law. For the measure sets forth clearly that the designation of an "enemy combatant" is left solely to the executive branch; neither Congress nor the courts have any say in the matter. When this new law is coupled with the existing "Executive Orders" authorizing "lethal force" against arbitrarily designated "enemy combatants," it becomes, quite literally, a license to kill -- with the seal of Congressional approval.

    How arbitrary is this process by which all our lives and liberties are now governed? Dave Niewert at Orcinus has unearthed a remarkable admission of its totally capricious nature. In an December 2002 story in the Washington Post, then-Solicitor General Ted Olson described the anarchy at the heart of the process with admirable frankness:

    "[There is no] requirement that the executive branch spell out its criteria for determining who qualifies as an enemy combatant," Olson argues.

    "'There won't be 10 rules that trigger this or 10 rules that end this,' Olson said in the interview. 'There will be judgments and instincts and evaluations and implementations that have to be made by the executive that are probably going to be different from day to day, depending on the circumstances.'"

    In other words, what is safe to do or say today might imperil your freedom or your life tomorrow. You can never know if you are on the right side of the law, because the "law" is merely the whim of the Leader and his minions: their "instincts" determine your guilt or innocence, and these flutterings in the gut can change from day to day. This radical uncertainty is the very essence of despotism -- and it is now, formally and officially, the guiding principle of the United States government.

    And underlying this edifice of tyranny is the prerogative of presidential murder. Perhaps the enormity of this monstrous perversion of law and morality has kept it from being fully comprehended. It sounds unbelievable to most people: a president ordering hits like a Mafia don? But that is our reality, and has been for five years. To overcome what seems to be a widespread cognitive dissonance over this concept, we need only examine the record -- a record, by the way, taken entirely from publicly available sources in the mass media. There's nothing secret or contentious about it, nothing that any ordinary citizen could not know -- if they choose to know it.

(Continued below.)