"Our
morality has no precedent, and our humanity is absolute, because it
rests on a new ideal. Our aim is to destroy all forms of oppression
and violence. To us, everything is permitted, for we are the first to
raise the sword not to oppress races and reduce them to slavery, but
to liberate humanity from its shackles .... Blood? Let blood flow
like water . .. for only through the death of the old world can we
liberate ourselves forever."
From a 1920
editorial in Krasni Mech (The Red Sword), a publication of the Soviet
Checka secret police; quoted in The
Black Book of Communism by Stephane Courtois, et al, pg. 102.
Under the
legal
regime proposed by attorney
and law professor William C. Bradford, who until recently was an
instructor at West Point, lawyers and legal scholars who
criticize or impede the Regime's endless “war on terror” could be
designated “fifth columnists” and “enemy combatants” subject
to indefinite detention or summary execution.
“Fighting
total war demands a mental reconfiguration” on the part of the
public by resolving “arguments over how to balance security and
liberty in favor of security,” insists Bradford in a
185-page diatribe entitled “Trahsion
des Professeurs:
The Critical Law of Armed Conflict Academy as an Islamist Fifth
Column,” which was published in the Spring/Summer issue of the
National Security Law Journal. This will mean “acculturating the
necessary fighting spirit” in the population through mass
propaganda and, where possible, conspicuous punishment of dissidents.
“Spartanization of the West will require the deepening of the
concept of citizenship to include duties as well as rights," Bradford pontificates. "Rights
are attended by corresponding duties, and the state may obligate
citizens – even academics – to contribute to to the struggle in
those ways they are able.” Refusal “to
acknowledge the Islamist threat as an existential challenge to
Western Civilization, and to … unite to defeat that threat, would
be the greatest dereliction of duty in history.
In
confronting an existential crisis, Bradford asserts, “survival is
its own justification.” There is no room for “legal fetishists”
who are skeptical of decisions by the executive or military
leadership: “Americans are entitled not only to political leaders
who employ and and all necessary measures but to the strong
presumption such measures are legal, and to the salutary effects of
this presumption upon their belief in the virtue of their cause and
their will to fight for it.”
That
virtue, according to Bradford, is sufficient to justify the
eradication not only of “Islamists,” but all Muslims who are
suspected of sympathizing with them – and, if deemed necessary,
Americans who are delinquent in their “duty” to support that
objective.
“The West
must shatter Islamists' political will and eradicate those who do not
renounce Islamism,” he declares “All instruments of
national power – including convention and nuclear force and PSYOPs
[psychological warfare operations] – must be harnessed … to
capture the hearts and minds of Islamic peoples, break their will to
fight for Islamism, and leave them prepared to coexist with the West
or be utterly eradicated....”
To wage
“total war” against a tenacious and all-but-omnipresent enemy,
all restrictions on government power must be supplanted by what he
calls the Law Of Armed Conflict (LOAC), in which the executive is
emancipated from checks and balances and the constitutional
subordination of the military to civilian control is reversed: “[I]t
is the military upon whom the constitutional duty to defend Americans
is incumbent, and in whom Americans repose trust.”
Bradford
refers to scholarly critics of Washington's open-ended war against
Islamism as the Critical Law of Armed Conflict Academy, an awkward
and contrived expression created to justify the pungently dismissive
acronym CLOACA (which is a relatively high-brown surrogate for themore familiar adolescent vulgarity referring to the emunctory aperture). While admitting that “no membership roll exists” of
that intellectual cohort, and declining to name specific examples
(most likely out of a desire to avoid civil liability), Bradford
insists that scholars who fit within that amorphous category
constitute an “Islamist Fifth Column,” even when no evidence of
conscious collaboration exists.
Scholarship
that challenges the “autonomy” of the Pentagon, or “dismiss[es]
military wisdom” by questioning the legality, constitutionality, or
morality of foreign wars, indefinite detention of terrorism suspects,
or the use of torture as an interrogation technique are not mere
academic exercises. Instead, they are a form of advocacy that
“attenuates U.S. arms and undermines American will, [and] are
PSYOPs. Which are combatant acts,” Bradford insists.
As
“propaganda inciting others to war crimes, such acts are
prosecutable..... CLOACA members are thus combatants who, like all
other combatants, can be targeted at any time and place and captured
and detained until termination of hostilities” – without judicial
recourse. Assuming that “CLOACA members” would be treated in the
same fashion as their supposed Islamist comrades, they would be
subject to “judicial execution post-interrogation” if this were
considered justifiable as a matter of military necessity.
The
threshold for such treatment is astonishingly low. Academic
dissenters who publicly describe the U.S. government as “an
`aggressor' or employer of illegal methods and means, or [cast]
aspersions on U.S. motives” for carrying out military operations
display “an intent to betray the United States” or to give aid
and comfort to the enemy, Bradford contends. Those thus identified
would be subject to what Bradford calls a “counterattack”
involving a range of options drawn from a continuum of “increasing
coercion” – including mandatory loyalty oaths, termination from
employment, formal criminal charges for “material support of
terrorism” or even “treason” – a capital offense.
Ominously,
in the wake of the summary execution, via drone strikes, of
U.S. citizen Anwar al-Awlaki and his American-born, 16-year-old son
Abdulrahman, Bradford insists that scholarly critics of
Washington's terror war who “commit treason, or otherwise engage in
unlawful combatancy … must answer for their delicts just as any
others do. The perversity inherent in countenancing intellectual
elitism as a basis for a defense against prosecution and a grant
of immunity from targeting in war is astonishing.” (Emphasis
added.)
Earlier in
the essay, Bradford observes that “enemy combatants may be targeted
and killed wherever and whenever they can be found” and that “UAVs
[that is, missile-bearing drones], as with other weapons systems, do
not require that targets of targeting killing be afforded a warning
or judicial process before use.”
The
coercive “counterattack” against so-called “CLOACA members”
would not be limited to lawyers or scholars who express critical
views.
“[The]
infrastructure used to create and disseminate CLOACA propaganda –
law school facilities, scholars' home offices, and media outlets
where they give interviews – are also lawful targets given the
causal connection between the content disseminated and the Islamist
crimes incited. Shocking and extreme as this option might seem,
CLOACA scholars, and the law schools that employ them, are – at
least in theory – targetable so long as attacks are proportional,
distinguish noncombatants from combatants, employ nonprohibited
weapons, and contribute to the defeat of Islamism.”
In
assessing the legitimacy of an envisioned punitive strike against a
“Fifth Columnist,” the last consideration – supposed military
necessity – trumps all of the others. Bradford's
blithe recommendation that the military target the institutional
“infrastructure” – including media outlets – used to
disseminate “CLOACA propaganda” offers a portentous counterpoint
to the
recently publicized Pentagon “Law of War” manual outlining
circumstances under which journalists could be treated as
“unprivileged belligerents.”
In previous armed conflicts, the U.S. government has authorized lethal strikes against media facilities used to broadcast critical coverage of American military actions: During the 1999 Kosovo conflict, the office of Radio Television Serbia suffered a U.S. missile strike that killed sixteen people.
In previous armed conflicts, the U.S. government has authorized lethal strikes against media facilities used to broadcast critical coverage of American military actions: During the 1999 Kosovo conflict, the office of Radio Television Serbia suffered a U.S. missile strike that killed sixteen people.
![]() |
| "Targeted killing" of Serbian journalists (above and below, right). |
In April
2003, Al-Jazeera
correspondent Tarek Ayoob was killed when a U.S. warplane bombed the
network's Baghdad office. An employee of the Reuters news agency
was killed, and several of his colleagues were wounded, in the
notorious July 12,
2007 “collateral murder” airstrike in Baghdad. Chelsea
Manning, then known as Private Bradley Manning, was criminally
charged, subjected
to abusive detention for 112 days, and eventually sentenced to prison
for providing the video record of that atrocity to the Wikileaks
organization. Those who preside over the empire's "Disposition Matrix" are prepared not only to arrest and detain but also to kill people accused of using Twitter to express solidarity with Islamists.
"Shoot off your mouth all you want," an unnamed "senior counter-terrorism official" told ABC News regarding social media comments seen as sympathetic to radical Muslims. "Eventually we are going to kill you." Under Bradford's definitions, this approach would be taken not only with social media pests and provocateurs, but with lawyers and law professors as well.
"Shoot off your mouth all you want," an unnamed "senior counter-terrorism official" told ABC News regarding social media comments seen as sympathetic to radical Muslims. "Eventually we are going to kill you." Under Bradford's definitions, this approach would be taken not only with social media pests and provocateurs, but with lawyers and law professors as well.
Invoking
war suras from the Koran, and imputing treasonous motives to all
outspoken critics of the unending war on terror, Bradford insists
that Western civilization has been seized, encompassed, and ambushed
“by a Fifth Column, and will be vanquished, subsumed within the
Caliphate, and ruled by Shari'a if a trahison des professeurs
[treason of the professors] goes unchecked.” Just as he scruples at
no means to “wipe Islamism and if need be its adherents … from
the earth,” Bradford rules nothing out in his proposed campaign to
bring so-called CLOACA adherents “to heel via criminal law or force
of arms.”
Anticipating
critics, Bradford acknowledges that some might complain that his
overwrought essay “incites authoritarianism insofar as it counsels
militarization, withdraws debates over the enemy from the political
arena, vilifies those who fail to acknowledge a grave threat,
punishes disloyalty, and takes up law as sword and shield to defend
and destroy political will.” Rather than explaining how that
critique is inaccurate, Bradford parries such objections by insisting
that “mobilization on all fronts is as necessary as a response to
the current threat condition as it was during World War II.”
Bradford's
disdain for dissent, due process, and the rule of law do summon
comparisons with a World War II-era legal revolution. In his study
Hitler's
Justice: The Courts of the Third Reich, Ingo Mueller
describes how the Nazified German legal system was founded on the
assumption that “the
`national aim'” was the central organizing principle of society,
and all guarantees of rights and limitations of state power yielded
before the doctrine of “national emergency.”
Citing the rulings of the German Supreme
Court and the writings of influential Party-aligned jurists, Mueller
writes that the Nazi-era equivalent of Bradford's Law Of Armed
Conflict dictated that “objectivity finds its limits … when the
national security is placed in doubt.” Every judge and lawyer was
required to be “a son of his country” who would “place the
vital interests of the nation unconditionally above what is formally
the law.”
Bradford spent
several years teaching law to West Point cadets before being forced
to resign in early August. Significantly, he wasn't terminated
for his advocacy of a genocidal foreign policy or a totalitarian
campaign to suppress domestic dissent, but rather for inflating his
military resume by falsely
claiming to have received a Silver Star for combat duty in Desert
Storm.
Not surprisingly, Bradford blames his
forced resignation on critics of his essay who hadn't read it, but
had only seen a handful of inflammatory statements orphaned of their
context. Reasonably well-informed readers who manage to plow through
the entire paper should recognize that it is a commendably candid
effort to provide a legal argument for domesticating practices that
have been employed abroad by the United States Government for at
least six decades.
Beginning in the late 1950s or early
1960s, U.S.-aligned militarist regimes in Latin America, with the
help of the Pentagon and the CIA, “shared intelligence and seized,
tortured, and executed political opponents in one another's
territory,” recounts historian and author J. Patrick McSherry in
his book Predatory
States: Operation Condor and Covert War in Latin America.
“Counterinsurgency militaries organized massive new state and
parastatal apparatuses for intelligence, surveillance, and social
control, including secret torture-disappearance-killing systems and
new technologies of violence to terrorize who populations.”
This coordinated venture in international
state terrorism was eventually known as “Operation Condor,” a
name derived from the national symbol of Uruguay --whose national
police agency was among the bloodiest participants.
Owing to the existence of “an
implacable enemy whose avowed objective is world domination,”
insisted the CIA's 1954 Doolittle Report, “hitherto acceptable norms
of conduct do not apply.” By that time, Communist regimes had
slaughtered tens of millions of people, and the architects of
Washington's Cold War strategy assumed that the best way to defeat
the Communists was to echo their claim of plenary moral immunity (see
the statement from the Krasni Mech editorial above) and emulate some
of their most reprehensible behavior, including the state-ordered
disposal
of what the Soviets called “socially dangerous persons.”
“Increasingly, a person's ideas – not
illegal acts – were the criteria used in decisions to detain or
disappear him,” McSherry points out. “Counterinsurgency
specialists also re-engineered police forces and changed their
mission from a law enforcement to a militarized model.”
In the name of counter-insurgency
warfare, these “Spartanized” states – to use Bradford's
entirely appropriate term – slaughtered millions of people
throughout Latin America, and conducted extra-territorial kidnappings
and murders in Europe and the United States. Nor were they content to
focus on armed guerrillas and people who provably offered them
material support.
“First we will kill all the
subversives; then we will kill their collaborators; then their
sympathizers; then those who remain indifferent,” explained
Argentine General Iberico St. Jean, speaking on behalf of a
U.S.-supported junta that “disappeared” countless thousands of
people in that fashion. General St. Jean's formula was originally
presented in Spanish, but he and professor Bradford speak the same
language.
Dum spiro, pugno!


















