The Magna Carta (Great Charter of Freedoms) was written 795 years ago, and the Charter of Liberties, 115 years before that. Together, they represented a breakthrough in the shared belief that human beings are born with certain inalienable rights, and that those who wield power over others are constrained by laws that embody these ideals. In short, humans agreed that the will of the law stood higher than that of any emperor, king or president. Over the last millenium, the codification of these ideas has defended countless millions of human beings from exploitation, abuse and murder.
Fast forward to the year 2010, and one can see that a cancer is spreading through human society that threatens to undo what is perhaps humanity's greatest single accomplishment. Patients Zero and One in this growing pandemic are just your garden-variety government lawyers, who go by the names of John Yoo and Jay Bybee. They were tasked by their bosses, our modern monsters Dick Cheney and George Bush, to write clever memos that essentially negate the basic principles of the Magna Carta and the hundreds, if not thousands, of laws that have been written based on it. Essentially, these memos act as permission slips to the Executive to perform any otherwise illegal act, including torture and murder, as long as the Executive says it believes these otherwise illegal acts are "necessary."
It is not surprising to me that such an infinite feedback loop between monsters and their lawyers could come to pass. After all, voters have been electing megalomaniacal mental midgets for a very long time, who always seem to think "they know best." Even after resigning in disgrace, Richard Nixon freely admitted that he believed that "when the president does it, that means it is not illegal." I believe that Nixon sincerely believed these words. What better example would be needed than this to automatically disprove the very idea?
Former New York governor Eliot Spitzer said on Friday night that it would be impossible to prosecute Cheney or others who authorized torture, because they did so based on legal opinions from their lawyers. As a matter of current law, I have no basis to disagree with Spitzer. But what I can say is that this is precisely the problem. We have a president and an attorney general who are merely continuing the policies of the previous administration, and have repeatedly blocked attempts to hold them legally accountable for torture, indefinite detention without trial, and illegal eavesdropping on innocent citizens. To them, this would be "looking backward." Newsflash: "accountability for past wrongs" is semantically identical to "looking backward." (Oh, how easily we are manipulated by language.)
And I'm sure that, like Richard Nixon, Barack Obama thinks he "knows best."
It would appear that Americans only know how to fight for their right to party, and are resigned to live with a profound loss of civil rights, until such time as it interferes with their access to Doritos, Fox News or porn.
Then, look out.
By the way, here is a fascinating and apt comparison between the anti-human-rights disease carriers in American and their doppelgangers in the Mideast. Ta-Nehisi Coates is an amazing and insightful writer, I might add.