Must read:
http://glenngreenwald.blogspot.com/2007/01/iraqis-learn-art-of-legal-workarounds.htmlMonday, January 01, 2007
Iraqis learn the art of legal "workarounds"
This depressing New York Times
article by John Burns and Marc Santora details the frantic, reckless manner in which Saddam Hussein was shoved into the noose in clear violation of Iraqi law. We can't even get a hanging right. With all of the world watching, we yet again were the primary authors of a violent, uncivilized, and primitive act which -- no matter how justified in some ultimate moral sense -- was carried out in the most thuggish, wretched, inept, and (we now learn) patently illegal manner.
It really is striking, and a potent sign of just how absurd is our ongoing occupation, that the "Iraqi Government" which we are fighting to empower could not even conduct this execution with a pretense of legality or concern for civilized norms -- the executioners were not wearing uniforms but leather jackets and murderers' masks, conducting themselves not as disciplined law enforcement officers but as what they are (death squad members and sectarian street thugs).
And the most revealing, and most disturbing, detail is that Saddam's executioners -- in between playground insults spat at a tied-up Saddam -- chanted their religious-like allegiance to Moktada Al Sadr, the Shiite militia leader whom we are told is the Great Enemy of the U.S., the One We Now Must Kill. This noble and just event for which we are responsible was carried out by a brutal, murderous, lawless militia. Freedom is on the march.
Despite all of these grim events, it must at least be encouraging to the Bush administration that the Maliki government is quickly learning some of the most important tools for governing. For instance, after Prime Minister Maliki was told that his Order to quickly exectue Saddam would violate several different legal constraints -- i.e., "laws" -- this is what ensued:
Told that Mr. Maliki wanted to carry out the death sentence on Mr. Hussein almost immediately, and not wait further into the 30-day deadline set by the appeals court, American officers at the Thursday meeting said that they would accept any decision but needed assurance that due process had been followed before relinquishing physical custody of Mr. Hussein.
“The Americans said that we have no issue in handing him over, but we need everything to be in accordance with the law,” the Iraqi official said. “We do not want to break the law.”
The American pressure sent Mr. Maliki and his aides into a frantic quest for legal workarounds, the Iraqi official said.That is a sublime phrase -- "legal workarounds". Our polite media here at home refers to deliberate and knowing government lawbreaking as "bypassing" the law, or sometimes they will even pretend that the law being violated just does not exist. But "workaround" is a nice phrase, too....