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November 8, 2010

Obama: Create Jobs by Executive Order

By Jeanne Mirer and Marjorie Cohn

On May 6, 1935, with the country in the midst of the Great Depression, and with indirect efforts to create jobs having not moved the needle of unemployment rates, President Franklin D. Roosevelt signed Executive Order 7034 and appropriated $4.8 billion for the Works Progress Administration (WPA). The WPA put millions of Americans to work constructing buildings, painting murals to decorate them, and performing plays for audiences that had never before seen a dramatic production. In the process, many were saved from poverty and starvation and the economy began to revive.

Although Congress, as part of the New Deal, had appropriated money specifically for relief, FDR decided to use the money for a direct jobs program by issuing a Presidential executive order. This Executive Order described the agencies to be involved in the program, its structure and procedure for application and allocation of jobs.

The WPA was quickly implemented. By March 1936, 3.4 million people were employed and an average of 2.3 million people worked monthly until the program ended in June 1943. During its existence the WPA employed more than 8,500,000 different persons on 1,410,000 individual projects, and spent about $11 billion. The average yearly salary was $1,100, a living wage at the time. During its 8-year history, the WPA built 651,087 miles of highways, roads, and streets. It constructed, repaired, or improved 124,031 bridges, 125,110 public buildings, 8,192 parks, and 853 airport landing fields.

Today our infrastructure is crumbling, and loss of revenue is forcing many cities and states to cut basic services. About 15 million people have become unemployed since the crisis hit in late 2008; a million and a half of them are construction workers. The need for a direct jobs program is either as great, or even greater than during the Depression.

But, in light of the election results, is such a program possible? Can the President directly create jobs by executive order? The answer is a resounding yes. Remember when the Emergency Economic Stabilization Act of 2008, which created the $700 billion Troubled Assets Relief Program (TARP) was passed, one of the purposes was to preserve homeownership, and promote jobs and economic growth.

Much of the TARP money has been repaid and the administration refers to the profit on the payments. If one assumes an average cost of one job is $50,000, 6 million jobs could be immediately created for $300 billion. 12 million jobs could be created for $600 billion. Because this is already appropriated money, Congressional Republicans could not block it.

This direct job creation would be bold. It would also be highly stimulative. It would not add to the deficit because it is already appropriated money. Furthermore, one third of it would come back immediately in taxes, and more importantly, the growth in demand from this number of added jobs would expand private sector job growth and grow the overall economy.

This bold program would contrast markedly with prior stimulus bills, which were indirect and whose effects have been too slow to manifest themselves. The posture of the Republicans during the last two years has been to prevent the President and Congress from taking bold steps to intervene in the economy to directly create jobs. Then they used the Administration’s failure to take bold steps to create jobs to say the “stimulus did not work.” They turned the very TARP bailouts they supported into a rallying cry against government intervention in the economy to help people and they characterized as “socialism” any government initiatives such as health care. They decried deficits and opposed any sane tax policies to get the deficit going in the other direction.

By keeping progress in job creation slow and blaming the administration for lack of jobs, the high expectations for the Obama administration became deflated. The loss of jobs exacerbated the mortgage crisis, and banks have been encouraged to foreclose rather than restructure mortgages despite the opposite being explicitly called for the Emergency Stabilization Act.

The people who voted for Obama in 2008 voted for the promised hope and change. Many developed buyer’s remorse when what they got was a set of policies which protected Wall Street at the expense of Main Street, big business at the expense of workers, and made unnecessary compromises with the right. The so called “enthusiasm gap” created by Republican obstruction and Administration timidity, produced such a deflation in people’s morale that it acted as an effective form of voter suppression. The election results can be explained in this fashion.

Some have said it makes no sense that the voters would go in a more rightward direction because the Obama administration was not “left” enough. But the fact is the Obama administration failed to deliver change and also failed to make the case for progressive policies. The election of Democratic incumbents meant only more of the same. And only 9 million of the 23 million young people who voted in 2008, came out in 2010. This undervote made the difference.

Abraham Lincoln once said: “You can fool some of the people all of the time, and all of the people some of the time but you cannot fool all of the people all of the time.” What happened in this election was the right wing was able to fool enough of the people enough of the time to make independents join with rabid right wingers, while at the same time suppressing the progressive electorate.

This country has a lot to do to get its economic house in order. It is heavily dependent on the financial services industry which only promotes speculation and unregulated bubbles. It is largely controlled by the defense industries which have promoted two and possibly more wars. It is beholden to the extractive energy industries, whose owners are funding the “tea party,” thus putting environmental amelioration on indefinite hold. And it is more and more influenced by the prison industrial complex which promotes hostility to immigrants, and takes resources from education and other vital areas. For the last 30 years it has relied on anti-union and anti-worker policies, which has forced the hemorrhaging of high paid manufacturing jobs to low cost countries and driven down wages for U.S. workers which can no longer be papered over with unsustainable debt.

The President cannot solve all these problems overnight, but with a stroke of a pen he can use already appropriated money to create millions of good green jobs, and move down the road to recovery much faster. Any opposition to this from the Republicans will expose their hostility to anyone but the richest members of society, and give the progressive movement ammunition to take the offensive.

Jeanne Mirer, who practices labor and employment law in New York, is president of the International Association of Democratic Lawyers. Marjorie Cohn is a professor at Thomas Jefferson School of Law and past president of the National Lawyers Guild.

November 1, 2010

Let’s Rally to Restore Peace

In their Rally to Restore Sanity and/or Fear, Jon Stewart and Stephen Colbert effectively demonstrated how the media hypes fear. They brought out Kareem Abdul Jabbar to show that not all Muslims are terrorists. A couple of musical numbers dealt with the wars we are fighting. But neither Stewart nor Colbert mentioned Iraq or Afghanistan and how those wars are allowed to continue by the hyping of fear.

Like his predecessor, President Obama also hypes fear – by connecting his war in Afghanistan to keeping us safe, even though CIA director Leon Panetta recently admitted that only 50 to 100 al Qaeda fighters are there. Hoping to put the unpopular Iraq war behind him, Obama declared combat operations over, although 50,000 U.S. troops and some 100,000 mercenaries remain.

Tragically, both wars have largely disappeared from the national discourse. On October 22, Wikileaks released nearly 400,000 previously classified U.S. military documents about the Iraq war. They contain startling evidence of more than 1,300 incidents of torture, rape, abuse and murder by Iraqi security forces while the U.S. government looked the other way. During this time the Bush administration issued a “fragmentary order” called “Frago 242” not to investigate detainee abuse unless coalition troops were directly involved. U.S. authorities failed to investigate hundreds of reports of torture, rape, abuse and murder by Iraqi soldiers and police. Manfred Nowak, the United Nation’s Special Rapporteur on Torture, called on Obama to order a complete investigation of U.S. forces’ involvement in human rights abuses.

Many reports of abuse are supported by medical evidence. Prisoners were shackled, blindfolded, and hung by their wrists and ankles. Some were whipped with cables, chains, wire and pistols. Some were burned with acid and cigarettes. Electric shocks were applied to genitals, fingernails were ripped off, and fingers cut off. Some were sodomized with hoses and bottles. Six died from their torture.

And there are reports of widespread killing of civilians by U.S. and other coalition forces.

But after a couple of days of reporting about the largest incident of whistle blowing in our history, news of the Wikileaks revelations has disappeared from the news cycle.

Both torture and the targeting of civilians are war crimes. And, in spite of the reports of torture, Obama completed the handover of 9,250 detainees to the Iraqi government in July 2010. In so doing, he has violated the Convention Against Torture, which forbids a party from expelling, returning or extraditing a person to a country where there are substantial grounds to believe he will be in danger of being subjected to torture. This is called non-refoulement. The United States has ratified the Torture Convention, making it part of U.S. law under the Supremacy Clause of the Constitution.

The newly released documents show that between 2004 and 2009, at least 109,032 Iraqis died, including 66,081 civilians. More than 80 percent of those killed in incidents related to convoys or at checkpoints throughout Iraq were civilians. Pregnant women were shot dead, priests were kidnapped and murdered, and Iraqi prison guards used electric drills to get prisoners to confess.

A U.S. helicopter crew was granted approval to attack two Iraqis on the ground even though the pilots reported that the men were trying to surrender. Under the 1907 Hague Regulations, it is prohibited “to kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion.”

Last year, 239 American soldiers took their own lives and 1,713 soldiers survived suicide attempts; 146 soldiers died from high-risk activities, including 74 drug overdoses. One-third of returning troops report mental health problems, and 18.5 percent of all returning service members have Post-Traumatic Stress Disorder or depression, according to a study by the Rand Corporation.

Jon Stewart spent a whole show last week interviewing Obama about everything from health care to the economy. But neither man mentioned the wars, even though the billions spent on them could go a long way toward fixing the economy and paying for health care.

It is time to put the wars back on the national agenda. Iraq Veterans Against the War issued a statement saying, “We grieve for the Iraqi and Afghan lives that were lost and destroyed in these wars. We also grieve for our brothers and sisters in arms, who have been lost to battle or suicide . . . We demand a real end to both wars, including immediate withdrawal of the 50,000 “non-combat” troops who remain in Iraq. The Iraq War Logs underscore the urgent need for peace, healing, and reparations for all who have been harmed by these wars. The first step is to bring our brothers and sisters home.”

We cannot rely on Obama to end the wars. It’s up to us to put sustained pressure on him to do it.

October 14, 2010

Israel Raid on Gaza Flotilla: US Failure to Condemn Despite UN Findings

On May 31, the Israeli military attacked a flotilla of ships in international waters. The vessels were carrying humanitarian supplies to the people in the Gaza Strip, who suffer under a punishing blockade by Israel. The stated aims of the flotilla were to draw international attention to the situation in Gaza and the effect of the blockade; to break the blockade; and to deliver humanitarian assistance and supplies to Gaza.

During the attack, Israeli soldiers killed 9 people, seriously wounded more than 50, and detained 750. They also confiscated or destroyed equipment worth hundreds of thousands of dollars.

The United Nations Human Rights Council sent an independent fact finding mission to investigate violations of international law resulting from the Israeli attacks on the flotilla. The Mission, with Judge Karl T. Hudson-Philips, Q.C., retired Judge of the International Criminal Court presiding, interviewed 112 witnesses and examined forensic and other evidence, assisted by experts in forensic pathology, military issues, and firearms. Israel refused to cooperate with the independent investigation.

In a 56-page draft report, released on September 21, the Mission concluded that the Israeli military “demonstrated levels of totally unnecessary and incredible violence. It betrayed an unacceptable level of brutality. Such conduct,” the report added, “cannot be justified or condoned on security or any others grounds. It constituted grave violations of human rights law and international humanitarian law.”

The Mission made the following findings:

Passengers on the vessels and their luggage were subjected to “security checks similar to those found in airports before boarding, including body searches,” to ensure that they were not carrying weapons. “At no stage was a request made by the Israeli Navy for the cargo to be inspected.”

The Israelis fired live ammunition from an Israeli helicopter onto the top deck of the Turkish ship, Mavi Marmara, before soldiers boarded the vessel by descending from the aircraft. Although some of the passengers used chairs, sticks, a box of plates and other objects to resist the soldiers, there was “no evidence to suggest that any of the passengers used firearms or that any firearms were taken on board the ship.”

During the operation to secure control of the top deck, the Israeli forces landed soldiers from three helicopters in a 15-minute period. The use of live ammunition resulted in fatal injuries to four passengers and injuries to at least 19 others, 14 with gunshot wounds.

Israeli soldiers continued shooting at passengers who were already wounded, with live ammunition, soft baton charges and plastic bullets. “There was considerable live fire from Israeli soldiers on the top deck and a number of passengers were injured or killed whilst trying to take refuge inside the door or assisting others to do so.”

Furkan Dogan, a 19-year old with dual Turkish and U.S. citizenship, was one of the people killed by the Israeli forces. He was hit with live fire while filming with a small video camera on the top deck. He received five bullet wounds. “All of the entry wounds were on the back of his body, except for the face wound, which was delivered at point blank range while he was lying on the ground on his back.”

Many people were forced to kneel on the outer deck in harsh conditions for many hours and people were subjected to physical mistreatment and verbal abuse, unnecessarily tight handcuffing, and the denial of access to toilets and food.

Israeli authorities confiscated, withheld, and in some cases destroyed the private property of many hundreds of passengers on board the vessels.

There is a “severe humanitarian situation in Gaza, the destruction of the economy and the prevention of reconstruction.” Israel’s blockade was “inflicting disproportionate damage upon the civilian population” in Gaza, and is therefore illegal. Article 33 of the Fourth Geneva Convention prohibits collective punishment of civilians under occupation. One of the principal motives behind Israel’s imposition of the blockade was “a desire to punish the people of the Gaza Strip for having elected Hamas” in the 2005 election. There is “no doubt that Israel’s actions and policies amount to collective punishment.” In this conclusion, the Mission explicitly supported the findings of Richard Falk, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, as well as those of the International Committee of the Red Cross.

The firing of rockets and other munitions of war into Israeli territory from Gaza “constitutes serious violations of international and international humanitarian law. But action in response which constitutes collective punishment of the civilian population of Gaza is not lawful in the present or in any circumstances.”

Israel has continuously occupied Gaza despite its unilateral withdrawal of military forces in 2005. Since then, “abject poverty” among refugees has tripled. Israel determines the conditions of life within Gaza. Israel controls the border crossings and the territorial sea adjacent to Gaza, and it has declared a virtual blockade and limits to the fishing zone, thereby regulating economic activity in that zone. Israel maintains complete control of the airspace above Gaza through continuous surveillance, and it makes military incursions and from time to time hits targets within the Gaza Strip. Moreover, Israel regulates the local monetary market of Gaza based on the Israeli currency and controls taxes and customs duties.

The flotilla presented “no imminent threat but the interception was motivated by concerns about the possible propaganda victory that might be claimed by the organizers of the flotilla.” There was no reasonable suspicion that the flotilla posed any military risk, and as a result “no case could be made to intercept the vessels in the exercise of belligerent rights or [UN Charter] Article 51 self-defence.”

Not only was the Israeli interception of the flotilla unlawful, “the use of force by the Israeli forces in seizing control of the Mavi Marmara and other vessels was also prima facie unlawful since there was no legal basis for the Israeli forces to conduct an assault and interception in international waters.”

Much of the force used by the Israeli soldiers onboard the Mavi Marmara and from the helicopters was “unnecessary, disproportionate, excessive and inappropriate and resulted in the wholly avoidable killing and maiming of a large number of civilian passengers.” At least six of the killings, including that of Dogan, can be characterized as “extra-legal, arbitrary and summary executions,” which amounted to violations of the right to life and to physical integrity under articles 6 and 7 of the International Covenant on Civil and Political Rights (ICCPR).

During the period of detention on board the Mavi Marmara, the passengers were subjected to cruel and inhuman treatment, which “did not respect the inherent dignity of persons who have been deprived of their liberty.”

The Israeli military’s treatment of the passengers on board the Mavi Marmara and in certain instances on board the Challenger 1 amounted to torture and cruel, inhuman and degrading treatment and punishment, in violation of articles 7 and 10 of the ICCPR. The willful killing, torture or inhuman treatment and willfully causing great suffering or serious injury to body or health violated article 147 of the Fourth Geneva Convention.

Other violations included the arbitrary or illegal arrests or detentions, in violation of article 9 of the ICCPR and the parading of detainees at the quayside carrying “the hallmarks of a ‘triumph’” which amounted to a “humiliating spectacle” in violation of article 13 of the Third Geneva Convention.

Serious incidents of physical violence perpetrated by the Israeli military and/or police officers at the Ben Gurion International Airport “clearly constituted grave violations” of the right to security of the person and to human dignity, in violation of article 9 of the ICCPR. In some instances, the treatment amounted to torture.

The confiscation of a large amount of video and photographic footage recorded on electronic and other media by passengers “represents a deliberate attempt by the Israeli authorities to suppress or destroy evidence and other information.”

The ICCPR guarantees the victims judicial remedies and reparations proportionate to the gravity of the violations. Torture victims should be afforded medical and psychological care, and article 9 provides for a specific right to compensation.

“The perpetrators of the more serious crimes being masked cannot be identified without the assistance of the Israeli authorities,” the Mission concluded, and urged the Israeli government to assist in their identification.

Israel’s Ministry of Foreign Affairs called the UN Human Rights Council a biased commission because it issued the Goldstone Report, a 575-page document under the direction of noted Zionist Richard Goldstone, which found Israel guilty of international law violations in its December 2008 – January 2009 war on Gaza. During that war, 1,400 Palestinians and 13 Israelis were killed.

Israel conducted its own investigation of the flotilla attack, known as the Turkel Commission. It refused to take testimony from any of the victims on the vessels.

UN Secretary General Ban Ki-moon also commissioned an investigation, which undertook no primary witness investigation, largely relying on evidence from Israeli officers.

There is no evidence that the United States played any direct role in the attack on the flotilla. However, U.S.-made and U.S.-financed Apache and Blackhawk helicopters, which Israel often employs, were likely used in the assault. Any use of those weapons would violate the Arms Export Control Act, which prohibits any recipient of U.S. arms exports from using U.S. weapons except for security within its own borders or for self-defense.

Israel could not maintain its illegal occupation of the Palestinian territories without the support of the United States. Three weeks after Israel’s deadly attack on the flotilla, 329 out of 435 members of the House of Representatives and 87 out of 100 senators wrote letters to President Barack Obama supporting what they called Israel’s right to “self-defense.”

Obama has failed to condemn Israel’s actions on May 31, notwithstanding overwhelming evidence of its illegality. If Iran had attacked a humanitarian flotilla in international waters and killed 9 people, there would be certain retaliation from Washington.

Until our government stands up to the powerful Israel lobby in the United States, the Palestinian people, and our own humanity, will continue to be held hostage.

September 19, 2010

Bradley Manning: An American Hero

Army Pfc. Bradley Manning is accused of leaking military secrets to the public. This week, his supporters are holding rallies in 21 cities, seeking Manning’s release from military custody. Manning is in the brig for allegedly disclosing a classified video depicting U.S. troops shooting civilians from an Apache helicopter in Iraq in July 2007. The video, available at www.collateralmurder.com, was published by WikiLeaks on April 5, 2010. Manning faces 52 years in prison. No charges have been filed against the soldiers in the video.

In October 1969, the most famous whistleblower, Daniel Ellsberg, smuggled out of his office and made public a 7,000 page top secret study of decision making during the Vietnam War. It became known as the Pentagon Papers. Dan risked his future, knowing that he would likely spend life in prison for his expose.

The release of the Pentagon Papers ultimately helped end not only the Nixon presidency, but also the Vietnam War, in which 58,000 Americans and three million Indochinese were killed. Dan’s courageous act was essential to holding accountable our leaders who had betrayed American values by starting and perpetuating an illegal and deadly war.

Manning’s alleged crimes follow in this tradition. The 2007 video, called “Collateral Murder,” has been viewed by millions of people on the Internet. On it, U.S. military Apache helicopter soldiers from Bravo Company 2nd Battalion 16th Infantry Regiment can be seen killing 12 civilians and wounding two children in Iraq. The dead included two employees of the Reuters news agency.

The video shows U.S. forces watching as a van pulled up to evacuate the wounded. They again opened fire from the helicopter, killing more people. During the radio chatter between the helicopter crew members and their supervisors, one crew member gloated after the first shooting, saying, “Oh yeah, look at those dead bastards.”

One Iraqi witness told Amy Goodman on Democracy Now! “The helicopter came yesterday from there and hovered around. Then it came right here where a group of people were standing. They didn’t have any weapons or arms of any sort. This area doesn’t have armed insurgents. They destroyed the place and shot at people, and they didn’t let anyone help the wounded.”

Another witness said, “They killed all the wounded and drove over their bodies. Everyone witnessed it. And the journalist was among those who was injured, and the armored vehicle drove over his body.”

Journalist Rick Rowley reported that the man who they drove over had crawled out of the van that had been shot and he was still alive when the American tank drove over him and cut him in half.

Commanders decided that the wounded children would not be taken to a U.S. military field hospital. Ethan McCord, one of the soldiers on the scene who picked up one of the children and tried to take him to a military vehicle, was reprimanded for his response.

The U.S. Central Command exonerated the soldiers and refused to reopen the investigation. Reporters Without Borders said, “If this young soldier had not leaked the video, we would have no evidence of what was clearly a serious abuse on the part of the U.S. military.”

In fact, the actions depicted in “Collateral Murder” contain evidence of three violations of the laws of war set forth in the Geneva Conventions, which amount to war crimes.

There were civilians standing around, there was no one firing at the American soldiers, and at least two people had cameras. There may have been people armed, as are many in the United States, but this does not create the license to fire on people. That is one violation of the Geneva Conventions – targeting civilians who do not pose a threat, not for military necessity.

The second and third possible violations of the laws of war are evident in the scene on the tape when the van attempts to rescue the wounded, and a later scene of a U.S. tank rolling over a body on the ground. The soldiers shot the rescuer and those in the van, another possible violation of the Geneva Conventions – preventing the rescue. Third, when the wounded or dead man was lying on the ground, a U.S. tank rolled over him, effectively splitting him in two. If he was dead, that amounted to disrespecting a body, another violation of the Geneva Conventions.

Josh Steiber, a former U.S. Army specialist and member of the Bravo Company 2nd Battalion 16th Infantry Regiment, was not with his company when they killed the civilians depicted in Collateral Murder. Steiber told Truthout that such acts were “not isolated incidents” and were “common” during his tour of duty. “After watching the video, I would definitely say that that is, nine times out of 10, the way things ended up,” he said.

Steiber explained that during his basic training for the military, “We watched videos celebrating death,” and said that his commanders would “pull aside soldiers who’d not deployed, and ask us if somebody open fired on us in a market full of unarmed civilians, would we return fire. And if you didn’t say ‘yes’ instantly, you got yelled at for not being a good soldier. The mindset of military training was one based on fear, and the ability to eliminate any threat.”

Manning is also being investigated for allegedly leaking the “Afghan War Diary” documents that were posted on Wiki Leaks in coordination with the New York Times, the U.K. Guardian, and the German magazine Der Spiegel. But President Obama said, “…the fact is, these documents don’t reveal any issues that haven’t already informed our public debate on Afghanistan.”

Those reports expose 20,000 deaths, including thousands of children, according to WikiLeaks founder Julian Assange. Many of them also likely contain evidence of war crimes.

Besides the fact that targeting civilians is illegal, it also makes us less safe. A new study by the National Bureau of Economic Research, which was released by the New America Foundation, concluded that civilian attacks in Afghanistan make our troops more vulnerable due to retaliation. A typical incident that causes two Afghan civilian deaths provokes six revenge attacks by Taliban and other fighters.

Moreover, Marine Col. David Lapan, a senior Pentagon spokesman, said that so far, there is no evidence that the Taliban has harmed any Afghan civilians as a result of the WikiLeaks publication of the 76,000 logs this past summer.

Over 1,000 Americans and untold numbers of Afghans have been killed in this war which is just as illegal, expensive, and counter-productive as the one in Iraq.

The charges against Manning end with the language, “such conduct being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces.” On the contrary, if Manning did what he is suspected of doing, he should be honored as an American hero for exposing war crimes and hopefully, ultimately, helping to end this war.

September 13, 2010

Business as Usual in Iraq

Last week, President Obama ceremoniously announced that U.S. combat operations had ended in Iraq. As Democrats face an uphill battle in the upcoming midterm elections, Obama felt he had to make good on his campaign promise to move the fighting from Iraq to Afghanistan. But while he has escalated the killing in Afghanistan, it’s business as usual in Iraq.

The United States, with its huge embassy in Baghdad and five large bases throughout Iraq, will continue to pull the strings there. Last week, Vice President Biden delivered a power-sharing plan to the Iraqis, who have been unable to form a government in the six months since the March election resulted in a stalemate. “We think that’s better for the future of Iraq,” Biden declared. The New York Times speculated about whether “the Americans can close the deal.” But the United States will continue to do a lot more than simply make suggestions about how Iraqis should share political power.

The timing of Obama’s announcement that combat troops are leaving Iraq is based on the status of forces agreement (SOFA) the Bush administration negotiated with the Iraqis in 2008. It calls for U.S. combat troops to leave Iraq by August 31, 2010. The SOFA also requires the Pentagon to withdraw all of its forces by the end of 2011, but this date may be extended.

Obama’s speech about withdrawing combat troops from Iraq is an effort to demonstrate compliance with the SOFA as the midterm elections draw near. But events on the ground reveal that he is playing a political version of the old shell game. As Obama proclaimed the redeployment of a Stryker battalion out of Iraq, 3,000 combat troops from the 3rd Armored Cavalry Regiment redeployed back into Iraq from Fort Hood, Texas. And that cavalry regiment will have plenty of company. The State Department is more than doubling its “security contractors” to 7,000 to make sure U.S. interests are protected. And with them will come 24 Blackhawk helicopters, 50 Mine Resistant Ambush-Protected vehicles and other military equipment.

Fifty thousand U.S. military troops remain in Iraq. Forty-five hundred U.S. special forces troops continue to fight and kill with Iraqi special forces. American troops are still authorized to take preemptive action against any threat they perceive. The policy regarding air strikes and bombings will remain unchanged. And untold numbers of “civilian contractors” – more accurately called mercenaries – will stay in Iraq, unaccountable for their war crimes.

When Obama spoke to the nation about ending combat operations in Iraq, he delivered his message with a spin that would make George W. Bush proud. Obama renamed the U.S. occupation of Iraq “Operation New Dawn,” and talked of the sacrifices we made during “Operation Iraqi Freedom.” But he failed to mention the more than 100,000 dead Iraqis, the untold numbers of wounded Iraqis and the 2 million Iraqis who went into exile. He said nothing about the few hours per day that most Iraqis enjoy electricity. He neglected to note that unions have been outlawed and Iraq’s infrastructure is in shambles. And he omitted any reference to the illegality of Bush’s war of aggression – in violation of the UN Charter – and Bush’s policy of torture and abuse of Iraqis – in violation of the Geneva Conventions. Obama chose instead to praise his predecessor, saying, “No one could doubt President Bush’s . . . commitment to our security.” But foreign occupation of Iraq and mistreatment of prisoners never made us more secure.

Obama also failed to remind us that we went to war based on two lies by the Bush administration: that Iraq had weapons of mass destruction, and that al Qaeda was in bed with Saddam Hussein.

Obama spoke of “credible elections” in Iraq. But “Iraq does not have a functional democracy,” said Raed Jarrar, Iraq consultant for American Friends Service Committee and a senior fellow at Peace Action. “We cannot expect to have a functional democracy from Iraq that was imposed by a foreign occupation,” he said on Democracy Now!

“The new Iraqi state is among the most corrupt in the world,” journalist Nir Rosen wrote in Foreign Policy. “It is only effective at being brutal and providing a minimum level of security. It fails to provide adequate services to its people, millions of whom are barely able to survive. Iraqis are traumatized. Every day there are assassinations with silenced pistols and the small magnetic car bombs known as sticky bombs.”

Obama put the cost of the wars at $3 trillion, an awesome sum that could well be used to provide universal health care, quality education, and improved infrastructure to create jobs in this country. But he overlooked the cost of treating our disabled veterans, many of whom return with traumatic brain injury and post traumatic stress disorder. “There is no question that the Iraq war added substantially to the federal debt,” Joseph Stiglitz and Linda Bilmes wrote in the Washington Post. “The global financial crisis was due, at least in part, to the war,” they added.

Regardless of how Obama tries to spin his message about the disaster the United States has created in Iraq, 60 percent of Americans think the U.S. invasion of Iraq was a mistake, 70 percent believe it wasn’t worth sacrificing American lives, and only one quarter feel it made us safer. The majority of Iraqis also oppose the U.S. occupation.

As I ponder events unfolding in Iraq, and Obama’s efforts to explain them to us, I am reminded of the highly decorated Marine Corps General Smedley Butler. Nearly 70 years ago he declared that, “War is a racket.” He was referring to the use of Marines in Central America during the early 20th Century to protect U.S. corporations like United Fruit, which were exploiting agricultural resources in that region. In my view, the Iraq war had a similar purpose – to secure the rich Iraqi oil fields and make them available to corporations that will continue to feed America’s petroleum addiction.

In a more honest speech, Obama would have said we successfully removed a leader who was unfriendly to American geopolitical and economic interests and replaced him with people beholden to U.S. money and materiel. U.S. forces have been downsized and re-branded. The “enduring presence posts” (new nomenclature for U.S. bases in Iraq) will ensure that we maintain hegemony in Iraq. Mission accomplished.

August 20, 2010

California Assembly Votes to Report on Human Rights to U.N. Committees

On August 9, the California Assembly took the historic step of becoming the first state to agree to publicize the text of three ratified U.N. human rights treaties, and to submit the required reports to the State Department for consideration by the U.N. treaty committees. The State Assembly voted to pass ACR 129, the Human Rights Reporting legislation, by a vote of 52 to 11, with 16 abstentions. The legislation will now move to the state Senate.

The International Convention on Elimination of all forms of Racial Discrimination requires the United States to publicize the text at the federal, state and local levels, and to make periodic reports to the U.N. Committee on Elimination of Racial Discrimination every two years on complaints of racial discrimination in every aspect of life, and on progress in eliminating such discrimination.

The U.S. ratified this treaty in 1994 and has issued some of the required reports, but has never publicized the text nor has it sought, or included, information from each state, as required. Now the California Assembly has voted to publicize and make the required reports.

The International Convention against Torture and other Cruel, Inhuman or Degrading or Treatment was ratified by the United States in 1994. It requires reporting every four years on misconduct and proper conduct by police, prison guards, human services agents, and everyone in government, and what steps the government is taking to correct reported problems.

The International Covenant on Civil and Political Rights requires reports to the U.N. Human Rights Committee every five years on violations and enforcement of freedom of assembly, labor union rights, rights of children, immigrants, and LGBT. When the Senate passes this Assembly Concurrent Resolution 129, California agencies will collect the information they already gather and submit it to the State Department for submission to the U.N. Human Rights Committee.

Bill Monning, the representative for the 27th Assembly district,
sponsored ACR129.

The City of Berkeley in September 2009 voted to become the first U.S. city to make reports under these treaties. City officials now state that collecting the information for the reports has heightened concern about human rights at City Hall.

Rev. Daniel Buford, President of the Meiklejohn Civil Liberties Institute and Prophetic Justice Minister at Allen Temple Baptist Church in Oakland, testified before the Assembly Appropriations Committee before adoption of the Resolution. He reported that he found the three treaties very helpful in working on justice in the killing of Oscar Grant by BART police officer Johannes Mehserle last year.

Attorney Ann Fagan Ginger, founder of MCLI, reports enthusiastic response when she describes the treaties to African American, Asian American, Latino and human rights organizations, students, unions, and people working on health care, prison conditions, the homeless, immigrant rights, ecology issues, and all other human rights related issues.

When the United States ratifies a treaty, it becomes part of U.S. law under the Supremacy Clause of the Constitution. The United States has not fully complied with its obligations under our ratified human rights treaties. While our government does not hesitate to criticize other countries for their human rights violations, it has been derelict in complying with our own human rights commitments. Hopefully the California Senate will also pass this important legislation which would send a strong message to other states and the federal government that this country is serious about protecting human rights.

August 8, 2010

Landmark Ruling Declares Prop 8 Unconstitutional

In a stunning, carefully crafted 136-page opinion, U.S. District Court Judge Vaughn Walker held in Perry v. Schwarzenegger that California’s Proposition 8, which outlaws same-sex marriage, is unconstitutional. The lawsuit was filed by two gay couples who sought to overturn Prop 8. Interestingly, the named defendant, Gov. Arnold Schwarzenegger, did not defend Prop 8. Neither did California’s Attorney General Jerry Brown; in fact, he conceded that Prop 8 is unconstitutional. It was the official proponents of the ballot initiative in the California election who defended Prop 8 in the lawsuit.

After making 80 bullet-proof findings of fact, Walker concluded that Prop 8 violates both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The judge agreed with all of the legal arguments advanced by the plaintiffs. The forces for marriage equality hit a grand slam. It remains to be seen, however, whether Walker’s ruling will hold up on appeal.

Walker presided over the first trial in U.S. history that raised the issue of whether same-sex marriage violates the federal Constitution. He heard testimony for two weeks, including that of plaintiffs’ myriad experts and the plaintiffs themselves. The anti-marriage equality side presented only two witnesses, who were unable to articulate any rational reason to treat straights and gays differently when it comes to the right to marry. Walker found that the opinions of one of those witnesses, David Blankenhorn, who is founder and president of the Institute for American Values, were “not supported by reliable evidence or methodology . . . and entitled to essentially no weight.” Kenneth Miller, a professor of government at Claremont McKenna College, also testified for the pro-Prop 8 side. The judge noted that Miller’s research did not focus on gay and lesbian issues, and the opinions he gave at trial conflicted with his prior opinions, which undermined his credibility.

When trial judges make factual findings, they are rarely disturbed on appeal; appellate courts usually confine themselves to reviewing legal conclusions. Walker’s detailed findings of facts include the following:

–Marriage in the United States has always been a civil matter. Civil authorities may permit religious leaders to solemnize marriages but not to determine who may enter or leave a civil marriage.

–California, like every other state, has never required that individuals entering a marriage be willing or able to procreate.

–Individuals do not generally choose their sexual orientation.

–Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions.

–Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples. Prior to Proposition 8, no religious group was required to recognize marriage for same-sex couples.

–The sexual orientation of an individual does not determine whether the individual can be a good parent. Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted.

Walker determined that “Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.” Same-sex couples, the judge found, are situated identically to opposite-sex couples regarding their ability to perform the rights and obligations of marriage under California law. He rejected the argument that domestic partnerships are a worthy substitute for marriage, which he called “a culturally superior status.”

Because the plaintiffs sought to exercise the fundamental right to marry, their claim was subject to strict scrutiny. “The minimal evidentiary presentation made by proponents [of Prop 8],” the judge said, “does not meet the heavy burden of production necessary to show that Proposition is narrowly tailored to a compelling government interest. Proposition 8 cannot, therefore, withstand strict scrutiny.” Thus, the judge ruled that Prop 8 violates the Due Process Clause.

Walker then held, “Proposition 8 cannot survive any level of scrutiny under the Equal Protection Clause.” All classifications based on sexual orientation, he wrote, “appear suspect, as the evidence shows that California would rarely, if ever, have a reason to categorize individuals based on their sexual orientation.” When there is a suspect classification, the court will judge it with strict scrutiny.

But, Walker noted, strict scrutiny is unnecessary here because Prop 8 fails even if the court uses the “rational basis” test, in which case the Prop 8 proponents would only need to show that there was a rational basis for treating homosexuals differently from heterosexuals. This is how the judge shot down each one of the rationales the proponents set forth for denying gays the right to marry:

(1) Reserve marriage as only a union between a man and a woman.
–Judge: Tradition alone cannot form a rational basis for a law.

(2) Proceed with caution when implementing social changes.
–Judge: “Because the evidence showed that same-sex marriage has and will have no adverse effects on society or the institution of marriage, California has no interest in waiting and no practical need to wait to grant marriage licenses to same-sex couples.”

(3) Promote opposite-sex parenting over same-sex parenting.
–Judge: The evidence shows “beyond any doubt that parents’ genders are irrelevant to children’s developmental outcomes.” Prop 8 has nothing to do with children; it simply prevents same-sex couples from marrying.

(4) Protect the freedom of those who oppose marriage for same-sex couples.
–Judge: Prop 8 does not affect any First Amendment right or responsibility of parents to educate their children, or the rights of those opposed to homosexuality or to same-sex marriage.

(5) Treat same-sex couples differently from opposite-sex couples.
–Judge: Prop 8 creates an administrative burden on California because it must maintain a parallel institution for same-sex couples.

(6) Any other conceivable interest.
Judge: Proponents have not identified any rational basis that Prop 8 could conceivably further.

A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation, the judge said. Thus, he held, “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

To the proponents’ arguments that the purpose of marriage is procreation, Walker retorted, “Never has the state inquired into procreative capacity or intent before issuing a marriage license.” Moreover, the fact that a majority of California voters supported Prop 8 is irrelevant, according to Walker, who wrote that “fundamental rights may not be submitted to [a] vote.”

If this case reaches the U.S. Supreme Court, it will likely fall to the swing Justice Anthony Kennedy to decide whether he wishes to be on the right side of history by affirming Judge Walker’s ruling. Kennedy authored Lawrence v. Texas, which overturned Texas’ anti-sodomy law, and Romer v. Evans, which struck down Colorado’s anti-gay ballot initiative. But Kennedy joined with the four conservative justices in overruling Walker’s decision to broadcast the Prop 8 trial to some locations, although this may reflect Kennedy’s views about the effect of televising trials rather than the way he feels about same-sex marriage.

Well-aware that Kennedy may cast the critical vote, Walker cited Romer and Lawrence several times in his ruling. For example, Walker held that “moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women . . . is not a proper basis on which to legislate,” citing Romer.

Walker also wrote, “The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce ‘profound and deep convictions accepted as ethical and moral principles’ through the criminal code. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot.”

Both Schwarzenegger and Brown asked Walker to permit gay marriages to proceed in California even while the case proceeds through the appellate courts. In ruling on this request, the judge will consider whether his opinion is likely to be upheld on appeal as well as whether same-sex couples who seek to marry would suffer irreparable harm by a postponement.

Judge Walker’s ruling may or may not survive. Nevertheless, in overturning Proposition 8, he struck a mighty blow against homophobia and in favor of equality.

July 27, 2010

Puerto Rican Political Prisoner Carlos Alberto Torres Released Today After 30 Years

Today, Puerto Rican political prisoner Carlos Alberto Torres walked out of prison after 30 years behind bars. He was convicted of seditious conspiracy – conspiring to use force against the lawful authority of the United States over Puerto Rico. Torres was punished for being a member of an armed clandestine organization called the FALN, which had taken responsibility for bombings in the Chicago area that resulted in no deaths or injuries. He was not accused of taking part in these bombings, only of being a member of the FALN.

In 1898, Puerto Rico was ceded to the United States by Spain as war bounty in the treaty that ended the Spanish-American War. Nevertheless, the U.S. invaded Puerto Rico and has occupied it ever since. Puerto Ricans have always resisted foreign occupation of their land and called for independence.

Colonized peoples of other empires, particularly in Africa, also resisted colonial control, similarly risking prison and death. In the 1950’s and 60’s, some fought in their own national territory; others, like the Algerians, took their struggle to the metropolis. This wave of anti-colonial struggle led to the formation of a body of international law, which recognized colonialism as a crime against humanity, and which also recognized the right of a people to fight to end that crime, and in the process to use any means at their disposal, including armed struggle.

Torres, who was sentenced to 78 years, invoked international law in his defense, and argued that the courts of the colonizing country may not criminalize captured anti-colonial combatants, but must turn them over to an impartial international tribunal to have their status adjudicated.

The Puerto Rican independence movement enjoys wide support internationally, as evidenced by annual resolutions for 29 years of the United Nations Decolonization Committee, declarations of the Non-Aligned Movement, and recent submissions to the United Nations Human Rights Council Universal Periodic Review.

All of these expressions call on the U.S. government to release Puerto Rican political prisoners who have served 30 and 29 years of their disproportionately long 70 year sentences in U.S. prisons for cases related to the struggle for Puerto Rican independence. They include Torres (who was sentenced to 30 years) and Oscar López Rivera (sentenced to 29 years), as well as Avelino González Claudio, who was recently sentenced to seven years. None of these men was convicted for harming anyone or taking a life.

Torres’ attorney, National Lawyers Guild member Jan Susler of Chicago, notes, “Carlos is being released from prison due to the unflagging support of the Puerto Rican independence movement and others who work for human rights. The more than 10,000 letters of support from the U.S., Puerto Rico, Mexico and other countries sent a strong message to the Parole Commission.”

When President Clinton granted clemency to several of the other Puerto Rican political prisoners in 1999, he declared that “the prisoners were serving extremely lengthy sentences – in some cases 90 years – which were out of proportion to their crimes.” Clinton said he was moved by the support from “various members of Congress, a number of religious organizations, labor organizations, human rights groups, and Hispanic civil and community groups” along with “widespread support across the political spectrum within Puerto Rico,” as well as thousands of letters requesting their release. He also indicated that he was moved by “worldwide support on humanitarian grounds from numerous quarters,” pointing specifically to Jimmy Carter, Nobel Prize laureate South African Archbishop Desmond Tutu, and Coretta Scott King.

Supporters from all over the United States flocked to the welcoming celebration in Chicago, which took place in the heart of the Puerto Rican community. Tomorrow, Torres, his family and attorney will fly to Puerto Rico, where thousands will greet him with a concert of the nation’s finest musicians and artists.

Yet there is a damper on the celebration, as Torres leaves behind his compatriot Oscar López, a 67 year old decorated Viet Nam veteran. López did not accept the terms of President Clinton’s 1999 clemency offer, which would have required him to serve an additional 10 years in prison with good conduct. Though he declined the offer, López has now served the additional 10 years in prison with good conduct. Had he accepted the deal, he would have been released last September. Those who did accept are living successful lives, fully integrated into civil society. There is no reason to treat him differently.

While we celebrate this remarkable day in the life of Torres and the movement for Puerto Rican independence, let us commit ourselves to continue to struggle until Oscar López Rivera and Avelino González Claudio, as well as all political prisoners in U.S. prisons, also walk free.

July 26, 2010

John McCain on Iraq: ‘We Already Won That One’

On July 15, I attended a reception in Washington DC to celebrate the 15th anniversary of the normalization of relations between the United States and Vietnam. Geoff Millard and I spoke to Sen. John McCain. When Geoff introduced himself as chairman of the board of Iraq Veterans against the War, McCain retorted, “You’re too late. We already won that one.”

McCain is now the second U.S. official to declare “mission accomplished” in a war that continues to ravage the people and land of Iraq. “[I]t would be a huge mistake to see Iraq as either a success story or as stable,” Juan Cole, Professor of Modern Middle Eastern and South Asian History at the University of Michigan, wrote on Informed Comment. McCain’s declaration of victory in Iraq is as specious as the one George W. Bush made after he strutted across the flight deck of the Abraham Lincoln on May 1, 2003.

Gen. David Petraeus is often credited with reducing the violence in Iraq after the “surge” of 30,000 extra U.S. troops. But the violence continues unabated. Every few days there are reports of suicide bombings, car bombs, roadside bombs, and armed attacks in Iraq. About 300 civilians continue to die each month and more than two million Iraqis continue to live as refugees.

I wonder how McCain defines “victory” in Iraq. The U.S. mission there has never been clear since the invasion in 2003. First the search for weapons of mass destruction proved fruitless. Then it became evident there was no link between Al Qaeda and Saddam Hussein. Finally we were told the U.S. invaded Iraq to accomplish regime change and bring democracy to the Iraqi people. But if democracy is the goal, there has been no victory.

Neither Prime Minister Nuri al-Maliki nor Ayad Allawi won a mandate in Iraq’s March election, which created a power vacuum. ”The shortages of power, which remain a chronic problem seven years after the American invasion, have combined with a near paralysis of Iraq’s political system and violence to create a volatile mix of challenges before a planned reduction of United States forces this summer,” according to the New York Times. Ryan Crocker, former U.S. ambassador to Iraq, described the “elitist authoritarianism that basically ignores the people.”

Sunni Arab insurgents have taken advantage of the political vacuum to mount “effective bombing campaigns” and target the banks, says Cole. Last month, attackers in military uniforms tried to storm the Central Bank of Iraq in Baghdad, causing explosions and gun battles with soldiers and police. Fifteen people were killed and 50 were wounded.

Most Iraqis have less than six hours of electricity per day. Baghdad’s poorer neighborhoods have as little as one hour per day, leaving them without so much as an electric fan to withstand the blistering heat – 120 degrees in some places. The electricity shortages caused thousands of Iraqis to join street demonstrations in Baghdad last month.

The political situation in Iraq is worse than it was before the U.S. invaded. Although Saddam Hussein was a tyrant, he nevertheless raised the Iraqi standard of living to a respectable level. “Saddam [had] improved the school system in Iraq and literacy for women was phenomenal for that of an Arab country at the time,” William Quandt, a professor of Middle East politics at the University of Virginia who has served as an adviser to the American government on Mideast policy, said on the PBS News Hour. “People didn’t go hungry in those days in Iraq,” Quandt added.

“We knew Saddam was tough,” Mr. Said Aburish, author of a biography of Hussein called ‘Secrets of His Life and Leadership,’ noted on PBS Frontline. “But the balance was completely different then. He was also delivering. The Iraqi people were getting a great deal of things that they needed and wanted and he was popular.”

Al Qaeda did not operate in Iraq before Bush’s “Operation Iraqi Freedom.” Now Al Qaeda in Mesopotamia terrorizes Iraqis in areas like Amil in Mosul. “They say you have to slaughter soldiers and police,” Staff Col. Ismail Khalif Jasim told the New York Times.

There is a campaign of assassinations aimed at government officials across Iraq, the Times reported a few weeks ago: “Some 150 politicians, civil servants, tribal chiefs, police chiefs, Sunni clerks and members of the Awakening Council [former Sunni insurgents now aligned with the Iraqi government and U.S. military] have been assassinated throughout Iraq since the election.” Speculation about those responsible includes Shiite militia allies, Sunni extremist groups like Al Qaeda in Mesopotamia, Kurdish political parties, and Iran.

Reconstruction of what we have destroyed in Iraq remains elusive. After six years and $104 million spent on restoring a sewage treatment system in Falluja, U.S. officials are walking away without connecting a single house. American reconstruction officials have also walked away from partially completed police stations, schools and government buildings in the past months. “Even some of the projects that will be completed are being finished with such haste, Iraqi officials say, that engineering standards have deteriorated precipitously, putting workers in danger and leaving some of the work at risk of collapse,” the Times reported earlier this month.

President Obama is scheduled to reduce the number of U.S. soldiers in Iraq from 80,000 to 50,000 by the end of August. But that does not mean stability has been attained, nor does it mean the occupation will end. The U.S. is sending civilian “contractors” – perhaps more accurately called mercenaries – to replace them.

The number of State Department security contractors will more than double – from 2,700 to between 6,000 and 7,000 – according to a July 12 report of the bipartisan Commission on Wartime Contracting. The State Department has requested 24 Blackhawk helicopters, 50 Mine-Resistant Ambush-Protected vehicles, and other military equipment from the Pentagon. The gigantic U.S. embassy and five “Enduring Presence Posts” (U.S. bases) will remain in Iraq. The contractors are simply taking over the duties of the departing soldiers.

Transferring military functions to civilians is “one more step in the blurring of the lines between military activities and State Department or diplomatic activities,” said Richard Fontaine of the Center for a New American Security in Washington D.C.

The U.S. government has changed the language describing military activity in Iraq from combat operations to “stability operations,” but U.S. forces will continue to kill Iraqis. “In practical terms, nothing will change,” Maj. Gen. Stephen Lanza told the Times. “We are already doing stability operations.”

Bush’s war of choice in Iraq has caused 4,413 American deaths. Iraq Body Count estimates that between 97,110 and 105,956 Iraqi civilians have been killed. Untold numbers have been seriously wounded. By September, we will have spent nearly $750 billion on this war and occupation.

John McCain should examine the actual state of affairs in Iraq. If he does, he might stop declaring victory.

July 6, 2010

Losing in Afghanistan

Last week, the House of Representatives voted 215-210 for $33 billion to fund Barack Obama’s troop increase in Afghanistan. But there was considerable opposition to giving the President a blank check. One hundred sixty-two House members supported an amendment that would have tied the funding to a withdrawal timetable. One hundred members voted for another amendment that would have rejected the $33 billion for the 30,000 new troops already on their way to Afghanistan; that amendment would have required that the money be spent to redeploy our troops out of Afghanistan. Democrats voting for the second amendment included House Speaker Nancy Pelosi and nine Republicans. Both amendments failed to pass.

The new appropriation is in addition to the $130 billion Congress has already approved for Iraq and Afghanistan this year. And the 2010 Pentagon budget is $693 billion, more than all other discretionary spending programs combined.

Our economic crisis is directly tied to the cost of the war. We are in desperate need of money for education and health care. The $1 million per year it costs to maintain a single soldier in Afghanistan could pay for 20 green jobs.

Not only is the war bankrupting us, it has come at a tragic cost in lives. June was the deadliest month for U.S. troops in Afghanistan. In addition to the 1,149 American soldiers killed in Afghanistan, untold numbers of Afghan civilians have died from the war – untold because the Defense Department refuses to maintain statistics of anyone except U.S. personnel. After all, Donald Rumsfeld quipped in 2005, “death has a tendency to encourage a depressing view of war.”

There are other “depressing” aspects of this war as well. As Gen. Stanley McChrystal reported just days before he got the axe, there is a “resilient and growing insurgency” with high levels of violence and corruption within the Karzai government. McChrystal’s remarks were considered “off message” by the White House, which was also irked by the general’s criticisms of Obama officials in a Rolling Stone article. McChrystal believes that you can’t kill your way out of Afghanistan. “The Russians killed 1 million Afghans and that didn’t work.”

He and his successor, Gen. David Petraeus, likely disagree on the need to prevent civilian casualties (known as “Civ Cas”). McChrystal instituted some of the most stringent rules of engagement the U.S. military has had in a war zone: “Patrol only in areas that you are reasonably certain that you will not have to defend yourselves with lethal force.” Commanders cannot fire on buildings or other places if they have reason to believe civilians might be present unless their own forces are in imminent danger of being overrun. And they must end engagements and withdraw rather than risk harming noncombatants. McChrystal knows that for every innocent person you kill, you create new enemies; he calls it “insurgent math.” According to the Los Angeles Times, McChrystal “was credited with bringing about a substantial drop in the proportion of civilian casualties suffered at the hands of NATO’s International Security Assistance Force and its Afghan allies.”

While testifying in Congress before he was confirmed to take McChrystal’s place, Petraeus told senators that some U.S. soldiers had complained about the former’s rules of engagement aimed at preventing civilian casualties.

According to the Rolling Stone article, Obama capitulated to McChrystal’s insistence that more troops were needed in Afghanistan. In his December 1 speech at West Point, the article says, “the president laid out all the reasons why fighting the war in Afghanistan is a bad idea: It’s expensive; we’re in an economic crisis; a decade-long commitment would sap American power; Al Qaeda has shifted its base of operations to Pakistan. Then,” the article continued, “without ever using the words ‘victory’ or ‘win,’ Obama announced that he would send an additional 30,000 troops to Afghanistan, almost as many as McChrystal had requested.”

Both Obama and Petraeus no longer speak of “victory” over the Taliban; they both hold open the possibility of settlement with the Taliban. Indeed, Maj. Gen. Bill Mayville, chief of operations for McChrystal, told Rolling Stone, “It’s not going to look like a win, smell like a win or taste like a win.”

The majority of Americans now oppose the war in Afghanistan. Fareed Zakaria had some harsh words for the war on his CNN show, saying that “the whole enterprise in Afghanistan feels disproportionate, a very expensive solution to what is turning out to be a small but real problem.” Noting that CIA director Leon Panetta admitted that the number of Al Qaeda left in Afghanistan may be 50 to 100, Zakaria asked, “why are we fighting a major war” there? “Last month alone there were more than 100 NATO troops killed in Afghanistan,” he said. “That’s more than one allied death for each living Al Qaeda member in the country in just one month.” Citing estimates that the war will cost more than $100 billion in 2010 alone, Zakaria observed, “That’s a billion dollars for every member of Al Qaeda thought to be living in Afghanistan in one year.” He queried, “Why are we investing so much time, energy, and effort when Al Qaeda is so weak?” And Zakaria responded to the argument that we should continue fighting the Taliban because they are allied with Al Qaeda by saying, “this would be like fighting Italy in World War II after Hitler’s regime had collapsed and Berlin was in flames just because Italy had been allied with Germany.”

There is also division in the Republican ranks over the war. Republican National Committee chairman Michael Steele made some gutsy comments about the war in Afghanistan, saying it is not winnable and calling it a “war of Obama’s choosing.” (Even though George W. Bush first invaded Afghanistan, Obama made the escalation of U.S. involvement a centerpiece of his campaign.) Steele said that if Obama is “such a student of history, has he not understood that, you know, that’s the one thing you don’t do, is engage in a land war in Afghanistan? Everyone who has tried, over 1,000 years of history, has failed.” Interestingly, Republicans Lindsey Graham and John McCain slammed Steele and jumped to Obama’s defense. Rep. Ron Paul, however, agreed with Steele, saying, “Michael Steele has it right, and Republicans should stick by him.”

Obama will likely persist with his failed war. He appears to be stumbling along the same path that Lyndon Johnson followed. Johnson lost his vision for a “Great Society” when he became convinced that his legacy depended on winning the Vietnam War. It appears that Obama has similarly lost his way.