Sunday, April 3, 2011
War is Holy, This I Know -- For Dear Leader Tells Me So 
William N. Grigg

 
<http://1.bp.blogspot.com/-dQh26KKLUTY/TZfzIKAd9zI/AAAAAAAAHHE/_zRUzRtc5jY/s
1600/Weeping+Woman.jpg> []
Ed Schultz's ancestor, celebrating the Anschluss? "He's my Leader! That's
all I need to know!"

 "I take President Obama's word for it that troops will not be engaged on
the ground," eructated MSNBC's Ed Schultz, rebuking investigative reporter
Jeremy Scahill for fomenting doubts about the wisdom of the Dear Leader's
war in Libya. When Scahill made a passing reference to "your President
Obama," Schultz morphed into a portlier, more articulate version of Sean
Hannity: "`My' President Obama? Is he your president, too? Jeremy, is he
your president, too?"

  []
<http://1.bp.blogspot.com/-nvjXjqRLYek/TZgEBoY7vKI/AAAAAAAAHHI/OLQOpNbK054/s
320/Schultz+the+suckup+vs.+Scahill.jpg> 

A suitable response to hectoring of this kind from a certified cultist would
be the following:

"I am not a member of the U.S. military, which means that I do not have a
commander-in-chief. I am not an employee of the executive branch of the
federal government, which means that the occupant of the White House is not
my supervisor. Mr. Obama does not preside over me in any sense that I
recognize. To the extent we have any relationship at all, Mr. Obama should
be considered my subordinate, one of the hired help. He certainly doesn't
have any moral or legal standing to pretend that he can order me to do
anything, and if I had the opportunity I would place him under citizen's
arrest for his crimes against the Constitution, individual liberty, and the
peace of nations -- of which his criminal assault on Libya is the most
recent but hardly the only example."
  
There was a time, perhaps five of six years ago, when Ed Schultz
<http://technifi.com/Hosts/Ed-Schultz/bio>  was a genuinely independent
radio commentator of a left-leaning populist bent. I doubt that the Ed
Schultz of 2005 would recognize the triple-jointed sycophant who began the
segment with Scahill by utterling the following homily on the theme of the
Leader Principle: "This isn't Bush-talk, this is totally different from
Iraq.... The president has gone on record saying that Libyan agents have
killed Americans -- that's all as an American I need to hear; let's get it
done."

http://www.youtube.com/watch?feature=player_embedded
<http://www.youtube.com/watch?feature=player_embedded&v=dXDZ2AogetA>
&v=dXDZ2AogetA

The doctrine of citizenship-as-submission to the Dear Leader's divine will
is indeed "Bush talk" of the most obnoxious variety. It was preached with
remarkable clarity during a July 11, 2006 exchange between Senator Patrick
Leahy (D-Vermont) and Steven Bradbury, at the time head of the Office of
Legal Counsel for the "Justice" Department.

At issue was the Wee Emperor's deliberate misrepresentation of the
<http://www.law.cornell.edu/supct/html/05-184.ZS.html> Hamdan v. Rumsfeld
decision, which did impose some trivial (and largely ignored) restrictions
on the treatment of the detainees who are held illegally at the prison camp
in Guantanamo Bay. Bradbury insisted that because the Hamdan ruling "does
implicitly recognize we're in a war," it effectively authorizes the
president to do anything he wants to anyone of his choosing, since such
decisions are supposedly permissible "under the law of war."

Leahy pointed out that the Hamdan decision -- whatever its faults --
explicitly rejected the Bush administration's claim of illimitable war
powers, and upbraided the OLC for giving Bush the "cockamamie idea" that
such a claim had been validated in that ruling.

"Was the president right or was he wrong?" Leahy demanded of Bradbury.

"The president is always right," oozed Bradbury in reply
<http://images1.americanprogress.org/il80web20037/ThinkProgress/2006/bradbur
ycongress.320.240.mov> .

 
<http://1.bp.blogspot.com/-fPtqAFCPd5U/TZgKw0fD7-I/AAAAAAAAHHM/4A7p5t8Pxno/s
1600/blog_obama_libya_address.jpg> []
The Leader speaks, the Leader lies. 

 The instrument has yet to be invented that can identify a substantive
difference between Bradbury's statement and Ed Schultz's insistence that an
unsupported presidential assertion is sufficient authority to justify an
aggressive war. 

A slightly less acute version of the same leader-cult mentality was
exhibited by Kevin Drum of
<http://motherjones.com/kevin-drum/2011/03/obamas-judgment> Mother Jones
magazine <http://motherjones.com/kevin-drum/2011/03/obamas-judgment> .
Drum's endorsement of Obama's illegal war in Libya rests heavily on what
I've come to call the Gnostic Fallacy -- namely, that the president is
invested with prophetic powers giving him wisdom and insight mere mortals
don't possess: 

"If it had been my call, I wouldn't have gone into Libya. But the reason I
voted for Obama in 2008 is because I trust his judgment. And not in any
merely abstract way, either: I mean that if he and I were in a room and
disagreed about some issue on which I had any doubt at all, I'd literally
trust his judgment over my own. I think he's smarter than me, better
informed, better able to understand the consequences of his actions, and
more farsighted. I voted for him because I trust his judgment, and I still
do."

In matters of power, Thomas Jefferson advised, "let us hear no more of
confidence in man, but bind him down from mischief by the chains of the
Constitution." Modern collectivists, of both the Red State Fascist and Blue
State Bombardier varieties, insist that the president himself is the Living
Constitution, and that our duty is to make his will our law -- as long as
their respective faction controls the White House, of course. 

Bradbury, Schultz, and Drum reiterated a doctrine of executive authority
under which the Leader "shapes the collective will of the people within
himself," and his subjects are "bound to [him] in loyalty and obedience. The
authority of the [Leader] is not limited by checks and controls ... but it
is free and independent, all-inclusive and unlimited."

 
<http://1.bp.blogspot.com/-8SIN3NxFy5k/TZgkiRS1bYI/AAAAAAAAHHQ/k3uFIrISl-s/s
1600/ClearChannel_BushOurLeader.jpg> []
Leader Worship, circa 2003... 

This, of course, was the official definition of Fuhrerprinzip -- the "Leader
Principle," as found in The Organization Book of the National Socialist
Workers Party. It is also a bedrock organizing principle of the National
(or, since 2002, the Homeland) Security State. 

John Yoo, the unindicted war criminal who composed most of the key memoranda
outlining the Bush administration's doctrine of unlimited presidential war
powers, has conferred his blessing on Obama's war in Libya
<http://www.nationalreview.com/corner/263084/too-little-too-late-legal-john-
yoo> . It is Yoo's position is that while it is wise for a president to seek
political support from Congress, he doesn't need that body's "constitutional
permission" to commit the U.S. government to war.

A few days after Yoo endorsed Obama's war, Senator Carl Levin (D-Michigan),
chairman of the Senate Armed Services Committee, suggested that Congress
should consider a resolution "authorizing" the war. Unless Levin has access
to Doc Brown's flux capacitor-equipped DeLorean, what he is proposing is a
purely Orwellian exercise in  <http://www.george-orwell.org/1984/3.html>
"rectifying" the record to conform to Dear Leader's will. 

"I'm interested in a vote authorizing military action," Levin said on March
29 <http://news.yahoo.com/s/afp/libyaconflictuspoliticssenatelevin>  - a
week and a half after the missiles had started to fly, and most likely
months after CIA and Special Forces operators had been insinuated into Libya
<http://www.nytimes.com/2011/03/31/world/africa/31intel.html?_r=1&partner=rs
s&emc=rss> , Ed Schultz's ingenuous faith in Obama's assurances to the
contrary notwithstanding. "The president said he'd welcome it and I think it
would be helpful," Levin continued. "It'd show public support for the
effort. And that's always useful."

The Constitution doesn't describe a congressional declaration of war as a
"useful" gesture to ratify an ongoing military campaign; it dictates that
such a declaration is mandatory before the government of the United States
commits itself to military action against another country. 

Were this an actual constitutional republic, public support for a formally
declared war, expressed through an appropriate vote by elected
representatives before the war began, would be mandatory. This is something
both Obama
<http://www.boston.com/news/politics/2008/specials/CandidateQA/ObamaQA/>
and Biden acknowledged as Senators; in fact, Biden went so far as to
describe presidential usurpation of congressional war powers as an
impeachable offense
<http://www.dailymotion.com/video/x3oi9y_obama-vp-choice-biden-will-impeach_
news> . Now we're told that a useless resolution issued well after the fact
would be taken as a binding statement of "public support," which is "useful"
but materially irrelevant to the actions of our rulers.

 
<http://3.bp.blogspot.com/-Xlic-zygia4/TZgk0lLIOYI/AAAAAAAAHHU/kpcujSQTRtA/s
1600/obamaspidey.jpg> []
... Leader Worship, circa 2009. 

 The only material check on presidential war-making ability, according to
John Yoo and people of his repulsive ilk, is the power of the purse:
Congress has the ability to de-fund military operations once they have
begun. 

 Of course, this creates a perverse incentive for presidents to use military
personnel as hostages -- deploying them in a war zone and then indignantly
accusing Congress of betraying "our gallant and intrepid heroes on the front
lines, oh may they be blessed forever" if the body moves to de-fund the war.


As if in anticipation of such action by Congress, Secretary of State Hillary
Clinton -- who seems to be channeling Dick Cheney -- told Rep. Brad Sherman
(D-California) during a classified briefing
<http://tpmdc.talkingpointsmemo.com/2011/03/clinton-tells-house-obama-would-
ignore-war-resolutions.php?ref=fpa>  that the administration would ignore
any congressional effort intended to end, restrain, or limit the war in
Libya. Some of the administration's critics have described this as a threat
to violate the War Powers Act of 1973, a peculiar little enactment intended
to "restrain" the power of the president to do something he isn't authorized
to do at all in the first place -- namely, to wage undeclared wars abroad. 

Clinton displayed a certain forthright arrogance in telling congressmen that
they wouldn't be permitted to end Mr. Obama's war. However, her statement is
firmly rooted in a bipartisan doctrine of totalitarian presidential war
powers -- one that would likely withstand a Supreme Court challenge, given
that the current Chief Justice, John Roberts, has explicitly endorsed it.

 
<http://2.bp.blogspot.com/-8K9e2ADVn3A/TZglKwGxpOI/AAAAAAAAHHY/AOPfN8BwKq8/s
1600/Hillary+Clinton.jpg> []

On February 19, 1984, Roberts -- at the time a special assistant to White
House Counsel Fred Fielding -- wrote a memo entitled
<http://www.reagan.utexas.edu/roberts/Box56JGRWarPowers.pdf> "War Powers
Problem" that examined a bill conferring benefits on veterans of the Reagan
administration's disastrous military venture in Lebanon. The time of service
covered by that bill would run from August 20, 1982, until "the date the
operation ends" -- with the latter date to be determined either by
presidential proclamation or by a concurrent resolution in Congress.

 For Roberts, the idea of Congress acting to end a military conflict would
be an impermissible encroachment on what he considered to be the plenary war
powers of the president. "I do not think we would want to concede any
definite role for Congress in termination [of] the Lebanon operation, even
by joint resolution presented to the president," he wrote.

"Your memo suggests that Congress is powerless to stop a president who is
going to conduct an unauthorized war," observed Senator Leahy during
Roberts's September 2005 confirmation hearings.
<http://www.asksam.com/ebooks/releases.asp?file=JGRHearing.ask&dn=Day%202%20
-%20Leahy%20-%20Separation%20of%20Powers%20-%20Does%20Congress%20Have%20the%
20Power%20to%20Stop%20War%3f>  "You're saying you don't want to concede any
ability to let Congress stop a war."

"Do we have the power to terminate a war?" persisted Leahy (whose zeal to
restrain the imperial presidency dimmed perceptibly after January 20, 2009).
"We have the power to declare war. Do we have the power to terminate war?"

Roberts took refuge in dissimulation:

"Senator, that's a question that I don't think can be answered in the
abstract. You need to know the particular circumstances and exactly what the
facts are and what the legislation would be like.... The argument on the
executive side will rely on authority as commander in chief and whatever
authorities derive from that."

Of course, under the Constitution -- which, admittedly, has no tangible
relationship to the exercise of governmental power in our current system --
all of the president's war powers are derivative. This includes his
temporary role as commander-in-chief of the U.S. government's military
forces when called into service by Congress, which has the sole and
exclusive power to declare war and to issue regulations governing the
military. 

That's what the Constitution says on the matter. However, Roberts -- like
all other proponents of Fuhrerprinzip -- insists that the president's war
powers are "not limited by checks and controls," as the definitive
expression of that doctrine put it (albeit in the original German). In fact,
the Bush administration -- building on a string of precedents going back to
the Vietnam War -- actually held that the president has the authority to
spend un-allocated funds to continue military operations even after Congress
refuses to continue appropriating money for a war.

In 2007, Congress and the White House were at loggerheads over a
<http://www.usatoday.com/news/washington/2007-03-30-2481327714_x.htm>
"supplemental" spending bill to fund the wars in Iraq and Afghanistan.
Insisting that "We expect there to be no strings on our commanders," Bush
threatened to veto a spending measure that called for an end to the Iraq war
by no later than September 2008. 

As the impasse deepened, a fascinating proposal was offered by economics
pundit Stan Collender <http://www.qorvis.com/staff/stan-collender> , an
executive vice president for the PR firm Burson-Marsteller
<http://www.burson-marsteller.com/default.aspx>  -- which received some very
lucrative Iraq War agitprop contracts
<http://www.sourcewatch.org/index.php?title=Iraq>  (and, appropriately, has
made a fortune sanitizing <http://bursonmarstellerwatch.com/>  some of the
world's most hideous dictatorships). Writing in the National Journal,
Collender suggested that the administration could invoke the "Feed and
Forage Act of 1861" in order to permit the Pentagon to continue procuring
war materiel in the absence of an actual congressional appropriation.

The Lincoln-era Feed and Forage Act, Collender insisted, "turns the federal
budget world on its head. The standard procurement process is for
obligations to be incurred by a federal department or agency only after an
appropriation is enacted. Food [sic] and Forage allows funds to be obligated
before the appropriation is in place. In other words, the deadlines the
White House keeps using for the Iraq war supplemental are irrelevant.
Indeed, the Pentagon may have already begun to obligate funds for this
purpose while the debate on the supplemental is continuing."

An analysis of the issue published by OMB Watch
<http://www.ombwatch.org/files/budget/feedandforageact.pdf>  pointed out
that on at least a half-dozen occasions since 1968, the Feed and Forage Act
was used to fund ongoing military operations. "The act gives the military,
at its own discretion and in the absence of appropriations, some power to
obligate the federal government to purchase goods and services during
emergencies for use through the end of the fiscal year," explained the
analysis. 

None of the "emergencies" described in the report involved an actual threat
to the United States -- but this is entirely proper, since the text of the
measure "does not expand upon conditions or circumstances that would
constitute an `emergency,' relying instead on case-by-case determinations."
A 1994 GAO Report entitled  <http://archive.gao.gov/t2pbat3/151756.pdf>
"Analysis of Options for Funding Contingency Operations" concluded that the
Feed and Forage Act endows the Pentagon with "virtually unlimited contract
authority" to purchase whatever it deems necessary to continue a war.

"With this understanding, it seems more than plausible that President Bush
could use the powers in the Feed and Forage Act to sustain U.S. soldiers in
Iraq and Afghanistan once other sources of funding have run out," concludes
the report <http://www.ombwatch.org/files/budget/feedandforageact.pdf> .
This is to say that thanks to this measure -- an legacy of Abraham Lincoln's
war to conquer the independent South -- the president and the Pentagon can
continue to spend money in defiance of a congressional decision to de-fund a
military operation.

What this means is that under present arrangements, Congress is not only
denied a role in declaring war, it has no effective means of ending an
undeclared war.  But this is troubling only to those heresy-riddled souls
who refuse to submit to the infallible judgment of our Blessed Leader. 

http://freedominourtime.blogspot.com/2011/04/war-is-holy-this-i-know-for-dea
r-leader.html 

 



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