Tuesday, November 28, 2006

Bringing Bush To Court, because we're all Kitty Genovese's neighbors

Elizabeth de la Vega at TomDispatch:

TomIntro:

"I'd like to draft an indictment of President Bush and his senior aides, and present the case for prewar intelligence fraud to a grand jury, just as if it were an actual case of mine, using the evidence we already have in the public record. That's the book I'd like to do."

With those three decades of publishing experience, I never doubted that this was an idea whose time should come -- and now it has. De la Vega has drawn up that indictment -- a "hypothetical" one, she hastens to add -- convened that grand jury, and held seven days of testimony. Yes, it's a grand jury directly out of her fertile brain and the federal agents who testify are fictional, but all the facts are true. She understands the case against the Bush administration down to the last detail; and she's produced, to my mind, the book of the post-election, investigative season: United States v. George W. Bush et al.

It's a Tomdispatch.com book project, produced in conjunction with Seven Stories Press, a superb independent publisher, and officially published on December 1st. I think it's simply sensational. It makes a "slam dunk" case for the way we were defrauded into war; despite the grim subject matter, it's a beautifully designed little book, a pleasure to hold in your hand; and, because de la Vega is a natural as a writer, it's also thoroughly enjoyable reading. With genuine pride, I'll be turning the Tomdispatch.com website over to excerpts from the book this week, beginning with the posting of De la Vega's introduction on the Enronization of American foreign policy today. The actual "indictment" will be posted on Wednesday; the first day of grand jury testimony on Thursday.

I assure you, this is must-read event; no less important, this is a must-buy book that must be given over the holiday season to friends, relatives, those who politically disagree with you, and even perhaps sent to Congressional representatives. Please get the investigative ball rolling by purchasing the book at Amazon.com or, if you want to give all involved a few extra cents, directly at the Seven Stories website.

Today, United States v. George W. Bush et al remains in the realm of fiction, but tomorrow, if you lend a hand… who knows? Tom

Ms. de la Vega:

After analyzing this evidence in light of the applicable law, I've determined that we already have more than enough information to allow a reasonable person to conclude that the President conducted a wide-ranging effort to deceive the American people and Congress into supporting a war against Iraq. In other words, in legal terms, there is probable cause to believe that Bush, Cheney, Rumsfeld, Rice, and Powell violated Title 18, United States Code, Section 371, which prohibits conspiracies to defraud the United States. Probable cause is the standard of proof required for a grand jury to return an indictment. Consequently, we have more than sufficient evidence to warrant indictment of the President and his advisers.

Do I expect someone to promptly indict the President and his aides? No. I am aware of the political impediments and constitutional issues relating to the indictment of a sitting president. Do those impediments make this merely an empty exercise? Absolutely not.

My third goal is to send the message home -- to whomever will listen. And this is it:

The President has committed fraud.

It is a crime in the legal, not merely the colloquial, sense.

It is far worse than Enron.

It is not a victimless crime.

We cannot shrug our shoulders and walk away.

Why? Because We Are All Kitty Genovese's Neighbors.

As Malcolm Gladwell recounts in his book The Tipping Point, Kitty Genovese was viciously assaulted, stabbed three times, and finally killed, on the way to her Queens, New York, home one night in 1964. Thirty-eight neighbors heard or watched her ordeal, but no one called the police until the attack was essentially over. The murder was universally seen as a horrifying example of modern-day indifference to the plight of others. But, Gladwell explains, psychologists Bibb Latane and John Darley conducted experiments that led to a far different explanation: "When people are in a group . . . responsibility for acting is diffused. They assume that someone else will make the call, or they assume that because no one else is acting, the apparent problem . . . is not really a problem." Ironically, then, it was not that no one called to help Kitty Genovese "despite the fact that thirty-eight people heard her scream; it's that no one called because thirty-eight people heard her scream."

For over a year now, polls have shown that the majority of Americans believe President Bush deliberately misrepresented prewar intelligence. Executive branch officials who deliberately mislead Congress and the public intending to influence congressional action have committed a federal crime. That means that roughly 100 million Americans believe Bush has committed a crime, yet most, like Kitty Genovese's neighbors, are just passive bystanders--although not, I believe, due to indifference.

Indeed, many of us are just watching it happen because we feel powerless to stop it. Hundreds of thousands of people have, in effect, called 911, but not even Democrats in Congress have been willing to answer the phone. It is not that they don't have enough information; it is, our Democratic representatives say, because it is not good political strategy.

The proposition that it is not good political strategy to insist that government officials obey the law is highly debatable. More important, strategizing in the face of an ongoing crime is wrong. Ask any legislator whether he would strategize about possible political fallout before intervening to stop a crime that was occurring in front of his eyes and the response would be, "Of course not." But that is exactly what's happening right now.

Go read Part One. Take a lunch. Then stay tuned for the rest. This gal knows her shit.

No comments: