[News] Dean Elena Kagan: Harvard's Gitmo Kangaroo Law School-The School for Torturers
Anti-Imperialist News
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Tue May 18 11:15:08 EDT 2010
Dean Elena Kagan: Harvard's Gitmo Kangaroo Law School--The School for Torturers
http://www.zcommunications.org/dean-elena-kagan-harvards-gitmo-kangaroo-law-school-the-school-for-torturers-by-francis-boyle
By <http://www.zcommunications.org/zspace/francisboyle>Francis Boyle
Tuesday, May 18, 2010
Not surprisingly, the January 2007 issue of the
American Journal of Imperial Law--otherwise known
as the self-styled American Journal of
International Law but originally founded a
century ago and still operated by U. S. War and
State Department legal apparatchiks and their law
professorial fellow-travelers--published an
article by Harvard Law School's recently retired
Bemis Professor of International Law Detlev Vagts
(who only taught me the required course on Legal
Accounting) arguing in favor of the Pentagon's
Kangaroo Courts System on Guantanamo despite the
fact that they have been soundly condemned by
every human rights organization and every human
rights official and leader in the entire world as
well as by the United States Supreme Court itself in Hamdan v. Rumsfeld (2006).
I am not going to bother to recite here all the
grievous deficiencies of the Gitmo Kangaroo
Courts under International Law and U.S.
Constitutional Law. But suffice it to say that
the Gitmo Kangaroo Courts constitute war crimes
under the Laws of War, the Four Geneva
Conventions of 1949, and even the U. S. Army's
own Field Manual 27-10, The Law of Land Warfare
(1956). Field Manual 27-10 was drafted for the
Pentagon by my Laws of War teacher Richard R.
Baxter, who was generally recognized as the
world's leading expert on that subject. That is
precisely why I voluntarily chose to study
International Law with him and his long-time
collaborator Louis B. Sohn, and not with the
bean-counter Vagts. For the entire post-World War
II generation of international law students at
Harvard Law School, Louis Sohn shall always be
our real Bemis Professor of International Law and
never the False Pretender to that Throne known as
Detlev Vagts. Since those student days I have
personally appeared pro bono publico in five U.S.
military courts-martial proceedings involving
warfare that were organized in accordance with
the Congress's Uniform Code of Military Justice
(U.C.M.J.)--which still does not apply to the
Gitmo Kangaroo Courts despite the ruling by the
U. S. Supreme Court in Hamdan that the U.C.M.J.
should be applied in Guantanamo--on behalf of
five U. S. military personnel who each acted as
matters of courage, integrity, principle,
conscience and at great risk to their own freedom:
1. U. S. Marine Corporal Jeff Paterson, the first
U.S. military resister to President Bush Sr.'s genocidal war against Iraq;
2. Army Captain Doctor Yolanda Huet-Vaughn, the
highest ranking U. S. commissioned officer to be
court-martialed for refusing to participate in
President Bush Sr.'s genocidal war against Iraq;
3. Captain Lawrence Rockwood, who was
court-martialed by the U. S. Army for trying to
stop torture in Haiti after the Clinton
administration had illegally invaded that country in 1994;
4. Army Staff Sergeant Camilo Mejia, the first U.
S. military resister to be court-martialed for
refusing to participate in President Bush Jr.'s
war of aggression against Iraq; and
5. Army First Lieutenant Ehren Watada, the first
U. S. commissioned officer to be court-martialed
for his refusal to participate in President Bush
Jr.'s war of aggression against Iraq.
As I can attest from my direct personal
involvement, each and every one of these five
courts-martial under the U.C.M.J. were Stalinist
show-trials produced and directed by the Pentagon
that predictably and readily degenerated into
travesties of justice. These five U.C.M.J.
courts-martial involving U.S. warfare each proved
correct the old adage attributed to Groucho Marx
that military justice is to justice as military
music is to music. By comparison, the Gitmo
Kangaroo Courts will not even be run in
accordance with the U.C.M.J. despite the fact
that the U.S. Supreme Court ruled in Hamdan that
they should be. The Marx Brothers are running the Gitmo Kangaroo Courts.
Whenever they are up and fully operating the
Gitmo Courts will constitute Stalinist Show
Trials as well as Kangaroo Courts, and their
preliminary proceedings have already proven them
to be Travesties of Justice. Even worse yet,
fully-functioning Stalinist Gitmo Kangaroo Courts
will quickly become conveyor-belts of death for
alleged and already tortured terrorist suspects
along the lines of the Texas execution chamber
operated by George Bush Jr. when he was the
"governor" of that state and tortured to death
152 victims by means of lethal injection. Gitmo
and/or Gitmo-North in Illinois will become
Americas first-ever Nazi-style death camp.
But today under the Four Geneva Conventions of
1949, executing persons detained as a result of
armed conflict without a fair trial before a
regularly constituted court constitutes a grave
war crime. To be sure, under the First Amendment
to the United States Constitution Harvard Law
Professor Vagts has the freedom to advocate war
crimes so long as he does not participate in
their commission, or incite them, or aid and abet
them. But precisely where is that line to be drawn for law professors?
In this regard, the Harvard Law School Faculty
currently has at least five professors who have
advocated torture and war crimes:
1. Vagts himself, who supported abusing the then
recently captured President of Iraq Saddam
Hussein despite his being publicly acknowledged
to be a Prisoner of War by the Bush Jr.
administration itself and thus absolutely
protected by the Third Geneva Convention of 1949
and the Convention against Torture;
2. The infamous Alan Dershowitz, a
self-incriminated war criminal in his own right.
Dersh publicly acknowledged being a member of a
Mossad Committee for approving the murder and
assassination of Palestinians, which violates the
Geneva Conventions and is thus a grave war crime;
3. The Neo-Con Con Law non-entity known as Richard Parker;
4. Another one of my teachers, Waco Phil Heymann.
Previously, Waco Phil had been Deputy to U.S.
Attorney General Janet Reno, the Butcher of Waco.
Reno ordered the Waco Massacre, while Heymann
ordered its cover-up and thus earned his
well-deserved sobriquet of Waco Phil as an
Accessory After The Fact. All those incinerated women and children!
5. The war criminal Jack Goldsmith who while
working as a lawyer for the Bush Jr.
administration at both the Pentagon and later its
Department of In-Justice did much of the legal
spade-work designing, justifying and approving
the hideous human rights atrocities that the Bush
Jr. administration inflicted on everyone after
9/11. Goldsmith and his co-felon accomplice and
co-conspirator from the Bush Jr. administration
Professor John Yoo--now desecrating Berkeley's
Law School where my friend and colleague the
late, great Dean Frank Newman had taught Human
Rights and International Law--are functionally
analogous to Nazi Law Professor Carl Schmitt, who
justified every hideous atrocity that Hitler and
the Nazis inflicted on anyone, including the Jews.
Despite my best efforts to prevent it, the
Harvard Law School Faculty and Deans hired the
war criminal Goldsmith right out of the Bush Jr.
administration knowing full well that he was up
to his eyeballs in the Gitmo Kangaroo Courts,
torture, war crimes, enforced disappearances,
murder, kidnapping, and crimes against humanity,
at a minimum. And when Goldsmith's proverbial
"smoking-gun" Department of In-Justice Memorandum
was published by the Washington Post, then
Harvard Law School's Dean Elena Kagan
contemptuously boasted in response about how
"proud" she was to have hired this notorious war
criminal. Previously Kagan had also publicly
bragged that the future of International Legal
Studies at Harvard Law School would be in the
"good hands" of their resident war criminal
Goldsmith. How perversely and tragically true!
The Neo-Conservative Harvard Law School Faculty
and Deans deliberately hired this Neo-Nazi legal
architect of the Bush Jr. administration's bogus
and nefarious "war against terrorism" because
they fully support it together with all its
essential accouterments of torture, kangaroo
courts, war crimes, murder, kidnapping, enforced
disappearances, crimes against humanity, and Nuremburg crimes against peace.
By contrast, after the terrorist bombing of the
Murrah Federal Building by Timothy McVeigh and
Terry Nichols in alleged revenge for the Waco
Massacre and Cover-up by Janet Reno and Waco Phil
Heymann, to the best of my recollection I do not
remember that the Neo-Conservative Harvard Law
School Faculty and Deans advocated kangaroo
courts, torture, war crimes, and racist profiling
for America's population of White Judeo-Christian
Males. Yet after 9/11 the fundamentally White
Racist Harvard Law School Faculty and Deans have
no problem with inflicting torture, kangaroo
courts, war crimes, and racist profiling upon
Muslims/Arabs/Asians of Color, which is exactly
why they hired the war criminal Goldsmith to
teach such criminal practices to their own law
students and thus someday turn them into racist
U. S. governmental war criminals in their own
right. This is because for the most part the
Harvard Law School Faculty and Deans have always
been viscerally bigoted and racist against
Muslims/Arabs/Asians and other People of Color
since at least when I first matriculated there in September of 1971.
The Harvard Law School (H.L.S.) Faculty and Deans
are no longer fit to educate Lawyers, Members of
the Bar, and Officers of the Court. They are a
sick joke and a demented fraud. Groucho Marx
would have had a field day with them: Harvard is
to Law School as Torture is to Law. The Harvard
Law School Faculty and Deans torture the Law. Do
not send your children or students to Harvard Law
School where they will grow up to become racist
war criminals! Harvard Law School is a Neo-Con cesspool.
As for Harvard Laws Neo-Con Dean Kagan, Harvard
Law Graduate President Barack Obama appointed her
Solicitor General in his Department of Justice as
the third highest ranking official in that
department and thus as the proverbial Tenth
Justice for the 9-Justice U.S. Supreme Court. In
this capacity Kagan has quarter-backed,
supervised, and defended in all U.S. federal
courts the Obama administrations continuation of
the Bush Jr. administrations hideous atrocities
perpetrated against human rights, international
law, civil rights, civil liberties, the U.S.
Constitution, and Americas Bill of Rights. As
payback for her yeoman Neo-Con efforts, Kagan is
now reportedly at the top of a very short list
for President Obama to nominate to the U.S.
Supreme Court upon the expected retirement of Mr.
Justice Stevens, the reputed leader of the Courts neoliberal wing.
Of course Stevens widespread denomination as a
neoliberal just proves how far to the reactionary
right the Supreme Court has moved since Stevens
was recommended for the Supremes to President
Gerald Ford by the arch-reactionary jurist Edward
Hirsh Levi, then U.S. Attorney General and
previously Dean of the arch-reactionary
University of Chicago Law School where Antonin
Scalia, Obama, Kagan, and her pet war criminal
Goldsmith would all teach. As President of the
entire arch-reactionary University of Chicago
itself, Levi drove out about 30% of my
undergraduate class that in 1968 had unwittingly
entered this Birthplace and Warren for the
Neo-Con Movement that was founded there by
Chicago Professor Leo Strauss, a protégé of Nazi
Law Professor Carl Schmitt. Americas Neo-Cons are Neo-Nazis.
In an interview she recently gave to National
Public Radio, Obamas Neo-Con Solicitor General
Kagan went out of her way to proclaim: I love the
Federalist Society! (Emphasis in the original.)
The Federalist Society is a gang of lawyers, law
professors, and judges who for the most part are
right-wing, racist, bigoted, reactionary,
elitist, war-mongering, and totalitarian. For
example, almost all of the Bush Jr.
administration lawyers responsible for its war
criminal torture scandal were and still are members of the Federalist Society.
Likewise, five Justices on the current U.S.
Supreme Court were/are members of the Federalist
Society: Harvard Law Graduate Roberts; Harvard
Law Graduate Scalia; Harvard Law Graduate
Kennedy; Yale Law Graduate Thomas; and Yale Law
Graduate Alito. Thats what an elite legal
education will do for you. In any event, H.L.S.
President Obamas elevation of the H.L.S. Neo-Con
Kagan to the Supremes would cement the Federalist
Societys Neo-Con stranglehold over the U.S.
Supreme Court for the next generation. As for
another publicly touted Supremes candidate, the
Neo-Con Cass Sunstein of the University of
Chicago Law School and Harvard Law School, who is
currently working at the White House as Obamas
Disinformation and Infiltration Czar, would be
just as lethal as Kagan to the American
Constitution and Republic if sitting on the U.S.
Supreme Court. Time for the Ordinary People of
America to get organized against these Neo-Con legal elites!
Freedom Archives
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415 863-9977
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