| 
             
              
            
              
            See Also this article 
            regarding the Rule of Law 
            
            
            Web Exclusive: George Bush and Bill Clinton Do Toronto 
            
              
              
            
              BUSH LEAGUE JUSTICE: 
              Should George W. Bush Be Arrested in Calgary Alberta 
              To Be Tried For International Crimes? 
              by 
              Anthony J. Hall 
              Professor of Globalization Studies 
              University of Lethbridge 
            (For presentation as the annual distinguished lecture 
            sponsored by the Sociology Department of the University of Winnipeg, 
            6 March, 2009) 
            George W. Bush and Omar al-Bashir 
            Serious allegations of criminality are swirling around ex-US 
            President George W. Bush and current Sudanese President Omar al-Bashir. 
            In late February of 2009 it was reported that the Hague-based 
            International Criminal Court was preparing to issue a warrant for 
            al-Bashir alleging his culpability for genocide, war crimes, and 
            crimes against humanity. As the documents were being prepared 
            against Sudan’s head of state, ex-President Bush was preparing to 
            initiate a series of high-paying speaking engagements beginning in 
            Calgary Alberta on March 17. Bush’s visit to Alberta’s oil capital 
            tests the consistency and authenticity of the Canadian government’s 
            “unequivocal” position that “Canada is not and will not become a 
            safe haven for persons involved in war crimes, crimes against 
            humanity or other reprehensible acts.”1 
            The contrast between the treatment afforded Bush and al-Bashir 
            was inadvertently highlighted by Geoffrey York, a colleague with 
            whom I conferred frequently when we were both reporting regularly in
            The Globe and Mail about two decades ago on the surprising 
            twists that repeatedly made Aboriginal Affairs in Manitoba a major 
            source of national news. York introduced his story on the charges 
            against al-Bashir by writing, “For the first time in history, an 
            international criminal court is set to issue an arrest warrant for 
            the leader of a country, accusing him of orchestrating a campaign of 
            murder, torture and rape.” The reporter anticipated that the ICC’s 
            initiative “will be hailed by many as a sign that nobody is above 
            the law.”2 
            The striking contrast between the treatment of al-Bashir and Bush 
            serves to clarify the division of the world’s criminals and 
            suspected criminals into two major categories, one inhabited by a 
            small elite that is essentially above the law and the other 
            populated by figures not rich or influential enough to gain 
            exemptions from the law’s coercive force. It is not without a sense 
            of irony that I arrive at this conclusion. On the one hand the ICC’s 
            decision to press charges against al-Bashir, as well as to initiate 
            in January of 2009 a full-fledged trial against Congolese warlord 
            Thomas Lubanga Dyilo, signals a major transformation in the career 
            of the ICC.3 It indicates that the 
            court is no longer a mere vehicle for the empty expression of lofty 
            idealism but rather a site of real engagement aimed at subjugating 
            the rule of murder, mayhem and intimidation to the higher authority 
            of law.  
            On the other hand by pointing its initial surge of juridical 
            activism at the local criminality of individuals in those afflicted 
            regions of Africa where resource cartels and their client regimes 
            often dominate, the ICC has called attention to the West’s hypocrisy 
            in shielding its own war lords and war profiteers in the 
            military-industrial complex from any legal accountability for the 
            violent acts its operatives, many of them in the so-called private 
            sector, regularly plan, instigate, finance, arm, facilitate, commit 
            and exploit.4 Indeed, the double 
            standard promoted by the ICC in the choice of its targets for 
            prosecution replicates in the international arena much of the 
            duplicity of the criminal justice system in the United States.  
            As starkly demonstrated by the scandalously high and inequitable 
            proportion of Blacks warehoused in the failing superpower’s 
            privatized jails, law-enforcement officials there obviously shower a 
            disproportionately high amount of their energy on criminalizing poor 
            African-Americans leaving those predominately fair-skinned 
            inhabitants of suburbia and the more rarified enclaves of extreme 
            wealth outside the orbit of their most concerted attention. Will the 
            new global enforcers of international law limit themselves to 
            prosecuting gang leaders in the continental ghetto of Africa while 
            conveniently looking the other way when it comes to more 
            comprehensive global networks of cartelized criminality 
            headquartered in North America, Europe, Israel, and, increasingly, 
            China, India and Russia as well.5 
            While Omar al-Bashir is far from a household name, George Bush is 
            one of the most well known people in the world. Indeed, throughout 
            the eight years of his disastrous presidency, Bush managed to make 
            himself into one of the most reviled individuals on the planet. He 
            is widely disliked for his policies as well as for the assorted war 
            hawks, corporate privateers, lying propagandists, evangelical 
            zealots, loan sharks, torture freaks, and psycho cops and generals 
            who formed the ex-president’s inner circle. A significant component 
            of global public opinion sees this discredited man as the embodiment 
            of something far worse than terrible leadership. They see the 
            forty-third US head of state as an abusive lawbreaker. Indeed, many 
            rightfully see Bush as a pathological deviant who harboured the 
            delusional fantasy that the power of his office gave him unlimited 
            global power to authorize his national forces, proxy armies and 
            mercenary operatives to commit the most grave onslaughts of mass 
            murder, disappearances and torture on a genocidal scale.  
            This widespread belief is informed by the large and growing body 
            of legal scholarship using evidence already on the public sphere to 
            make the case that George Bush and his underlings have violated many 
            domestic and international laws, including the Geneva Conventions 
            and UN instruments prohibiting torture. Philippe Sands, Francis 
            Boyle and Osgood Hall Law School Professor Michael Mandel have been 
            prominent among the international jurists who have developed the 
            legal case that George Bush and his war cabinet have transgressed 
            the law of nations on many, many counts.6 
            Indeed, the line up is long of jurists seeking to bring the ex-US 
            president to justice. With his recent book, The Prosecution of 
            George W. Bush for Murder, Vincent Bugliosi, the former 
            prosecutor of Charles Manson, adds his voice to a crowded field.7 
            Given the depth and extent of the documentation already assembled 
            to indict Bush and many of his top lieutenants for domestic and 
            international crimes, the ex-president’s ability to cross 
            international borders and address audiences in places like Calgary 
            stands as an indicator of the juridical malaise of our 
            law-enforcement agencies. Is the role of these agencies primarily to 
            protect the property and prestige of the rich from the incursions of 
            the marginalized and dispossessed? Isn’t law a mere fiction if it 
            can’t restrain the exploitative application of violence to entrench 
            privilege and intimidate dissent? Will officials of the Crown in 
            Canada or public prosecutors in other countries rise to a higher 
            standard in order to demonstrate their respect for the power of law 
            as a force of equalization applying uniformly to president and 
            pauper, native and settler, white and black? How can we transcend 
            the mean and frequently racist codes contained in the rhetoric of 
            law and order in order to rise to the high standards required by 
            adherence to the rule of law?  
            Will truth ever be given its day in court in trials calling not 
            only Bush, but also Richard Cheney, Donald Rumsfeld, Paul Wolfowitz, 
            Condollezza Rice and others to account for their decisions and 
            actions in supervising aggressive wars. As key strategists, 
            lobbyists, and propagandists for the oil, armaments and mercenary 
            industries, most of these figures helped to plan through the Project 
            for the New American Century the our current privatized terror 
            economy and the pseudo-justifications for so-called “preemptive 
            wars.”8 It was PNAC that announced a 
            year before 9/11 the need for “a new Pearl Harbor” in order to 
            produce the necessary climate of public hysteria to achieve its 
            sponsors’ objectives. The most ambitious of these was to create a 
            pretext in order to seize control of oil resources in Iraq and 
            throughout the Middle East.9 
            Imagining the Rule of Law Internationally and Globally 
            For several generations the principle has been developing that 
            all the world’s peoples and governments must recognize our shared 
            interest in expressing forms of universal jurisdiction when it comes 
            to dealing with the highest order of criminality. On his return from 
            Africa in 1890 George Washington Williams, a Black missionary from 
            the United States, helped point subsequent legal thought in this 
            direction. As Williams reached for words evocative enough to 
            describe the appalling scope of the violations of human rights he 
            had just witnessed in King Leopold’s so-called Congo Free State, the 
            commentator came up with the expression “crimes against humanity.”10 
            In 1944 a Polish Jew who had escaped the Nazi horror in Europe drew 
            on his experience and scholarship to enhance the vocabulary of 
            international crime. Raphael Lemkin invented the word, “genocide,” 
            to advance the project of trying to deal with crimes so severe that 
            they undermine the wellbeing of the entire human family.11 
            In the world Lemkin sought to bring about there could be no 
            immunity, no safe refuge, for those involved in the elimination of 
            religious, ethnic and racial groups through industrialized murder 
            and also through the assimilative machinery of cultural genocide. 
            Lemkin was instrumental in helping the delegations at the United 
            Nations to entrench in 1948 the Convention on the Prevention and 
            Prohibition of the Crime of Genocide. This basic pillar of 
            international law was not adopted by the United States until 1989.
             
            In the immediate aftermath of the Second World War the US 
            government emerged briefly as the world’s foremost champion of the 
            principle that those who commit the highest order of international 
            crime must be held accountable as individuals. This brief 
            convergence of pragmatism and idealism was channeled into the 
            juridical processes at Nuremberg and Tokyo where some of the 
            leadership of the defeated Axis powers were judged before 
            international military tribunals. In outlining his objectives to US 
            President Harry Truman, Robert Jackson, the US government’s chief 
            prosecutor at Nuremberg, explained that the time had come to remove 
            any doubt “that aggressive war making is illegal and criminal.” In 
            his view such activity, including campaigns to “exterminate, enslave 
            and deport civilians,” constituted “international crimes” for which 
            “individuals are responsible.”12 In 
            introducing his case before the judges Jackson returned to the 
            importance of moving beyond all the old lines of argument that have 
            provided “immunity for practically everyone concerned in the really 
            great crimes against peace and mankind.” No longer could “so vast an 
            area of legal irresponsibility” be “tolerated” because “because 
            modern civilization puts unlimited weapons of destruction in the 
            hands of men.”13 
            Some of the strongest language used by the Nuremberg judges in 
            the sentencing of the convicted Nazis stipulated that “to initiate a 
            war of aggression…. is not only an international crime. It is 
            the supreme international crime differing from other war crimes 
            in that it contains within itself the accumulated evil of the 
            whole.”14 [my emphasis] The Nuremberg 
            rulings were refined and distilled in 1950 at the United Nations 
            into principles that point with precision at exactly the kinds of 
            illegal acts known to have taken place at, for instance, Abu Ghraib 
            and Guantanamo Bay under George W. Bush’s watch as US president. The 
            Nuremberg Principles divide international criminality into three 
            categories, crimes against peace, war crimes, and crimes against 
            humanity. One of the Nuremberg Principles stipulates, “The fact that 
            a person who committed an act which constitutes a crime under 
            international law acted as a Head of State or responsible government 
            official does not relieve him from responsibility under 
            international law.” 
            Although the International Criminal Court is a brand new addition 
            to the juridical infrastructure of international criminal law, its 
            draws on hopes, ideals and traditions that have deep roots in many 
            societies’ quest for justice. With all its problems and shortcomings 
            the ICC at it best embodies an attempt to put into action many of 
            humanity’s most stirring proclamations announcing the equal dignity 
            of every human life as articulated in the inspirational language of 
            the Universal Declaration of Human Rights. The ICC worked its way 
            from a UN study to a full-fledged treaty transacted in Rome in 1998.15 
            The court acquired institutional form in 2002.16 
            Currently there are 108 state members of the court, including 
            Canada, with 40 states moving towards full ratification of the Rome 
            Statute.  
            The governments of Russia, India and China oppose the court. 
            President Bill Clinton signed the Rome Treaty on behalf of his 
            government but President Bush nullified his predecessor’s signature 
            in 2002 as part of his sweeping and many-faceted efforts to withdraw 
            the United States from many multilateral agreements. Is the ICC the 
            best hope for the future or has the abject failure of states so far 
            to uphold and enforce the rule of law internationally taken us to 
            the stage where humanity must try something else. Are we reaching 
            the point in the evolution of the global community where it is 
            becoming thinkable, or maybe even necessary, to begin putting in 
            place the structures of a truly global court whose officials would 
            draw their jurisdiction to arbitrate and enforce international 
            criminal law from some form of globalized expression of shared human 
            citizenship? 
            Calgary and Congo 
            There is much more than immediately meets the eye in the George 
            Bush’s decision to accept an invitation to address an audience of 
            business executives assembled by Calgary’s Chamber of Commerce. 
            According to David Taras, a Professor of Political Science at the 
            University of Calgary, there is considerable behind-the-scenes 
            strategy in the decision to have the former US president begin the 
            process of attempting to rehabilitate his public image in this “very 
            conservative and pro-American” urban centre.17 
            Some have dubbed Calgary Houston North, a nickname that does suggest 
            much about the town’s real character. Calgary is indeed a virtual 
            colony of Houston and Dallas economically, and, to some extent, 
            politically and culturally as well. A high pro portion of its 
            inhabitants have either immigrated from Texas or they have relatives 
            who made the northward trek from Governor Bush’s old stomping 
            grounds. Calgary forms the political base and home constituency of 
            Canada’s current minority government leader, Prime Minister Stephen 
            Harper. In 2001 Harper and some of his closest advisors put their 
            provincialist biases on full display when they advocated the raising 
            of a “firewall” around Alberta to isolate Oil Patch and its agencies 
            from the constitutional authority of the Canada’s national 
            government.18 
            Over the last eight years Harper has acted more or less like the 
            main franchise holder of the Bush brand of governance in Canada. As 
            leader of the opposition Harper actually chastised Prime Minister 
            Jean Chretien for not committing Canadian troops to take part in the 
            Anglo-American invasion and occupation of Iraq. Harper worked 
            closely with the former premier of Alberta, Ralph Klein, in opposing 
            the Kyoto Protocol on global climate change. Both delivered the 
            political talking points developed by the global PR firm, 
            Burson-Marsteller. Burson-Marsteller’s Calgarian arm is National 
            Public Relations whose “green PR” has included the creation of front 
            organizations such as the Canadian Coalition for Responsible 
            Environmental Solutions.19 
            David Frum has been one of the most striking operatives and 
            embodiments of the axis of ideology that linked Alberta to the ideas 
            and personnel of the Bush White House. Before Frum became one of the 
            chief propagandists for George Bush’s War on Terror, this icon of 
            neoconservatism helped earn his spurs by contributing to Ted 
            Byfield’s evangelical-libertarian magazine, Alberta Report.20 
            Frum is widely lionized on the right for having helped to renew 
            Ronald Reagan’s condemnation of the “evil empire” by coming up with 
            the phrase, “axis of evil.” George Bush famously included Frum’s 
            contribution to the propaganda of aggressive warfare in the 
            president’s State of the Union address in January of 2002.  
            Many forces of history, therefore, converge in how Bush is 
            received by immigration and justice department officials when he 
            touches down at Calgary’s International Airport. On February 23, 
            2009 an organization entitled Lawyers Against War served notice to 
            the relevant officials, including Prime Minister Harper and the 
            Leader of Her Majesty’s Loyal Opposition, that “George W. Bush, 
            former President of the United States and Commander in Chief of the 
            U.S. Armed Forces, is a person credibly accused of torture and other 
            gross human rights violations, crimes against humanity and war 
            crimes.” With reference to very specific sections of Canada’s 
            Immigration Act and its Crimes Against Humanity and War Crimes Act, 
            the jurists spelt out why Bush should not be allowed to enter the 
            country. They continue by explaining that if Bush is allowed to 
            enter the country then he should be arrested by Canadian police 
            officers. In support of these contentions the jurists cite many 
            evidentiary sources including an internal report of the U.S. Army 
            completed in June of 2008 by Major General Antonio Taguba. They also 
            cite some of the conclusions reached in February of 2009 by the 
            United Nations Special Rapporteur on Torture, Manfred Nowak. This UN 
            official writes, 
  
            
              We possess all the evidence which proves that the torture 
              methods used in interrogation by the U.S. government were 
              specifically ordered by former U.S. Defence Minister Donald 
              Rumsfeld…. Obviously these orders were given with the highest U.S. 
              authorities’ knowledge.21  
                
             
            There are many Canadian facets to the global proliferation of 
            torture, illegal renditions, wrongful incarcerations, denials of due 
            process and other gross human rights violations that in most cases 
            involve George Bush’s White House in one way or another. The Royal 
            Canadian Mounted Police, the Canadian Department of Foreign Affairs 
            and the Canadian Security Intelligence Service are all implicated 
            along with branches of the US government in the events that led to 
            the jailing and torture in Syria of Canadian citizens Maher Arar, 
            Abdullah Almalki, Ahmed El Maati and Muayyed Nureddin.22 
            The state terror heaped on these individuals forms one small part of 
            the transnational regime of lawlessness resulting from the US 
            president’s illegal assertion of worldwide jurisdiction over anyone, 
            anywhere branded by the US executive branch as an unlawful enemy 
            combatants. The term, “unlawful enemy combatant,” is a phrase of 
            obfuscation invented by George Bush’s advisers as a linguistic 
            device to help facilitate the US government’s rogue attempt to evade 
            the jurisdiction of international law or even its own prior laws.
             
            Michael Keefer at the University of Guelph has carefully 
            investigated the Harper government’s zeal to replicate George W. 
            Bush’s strategy for inflating the national security state’s role by 
            trumping up Canadian public hysteria about the supposed existence of 
            a home-grown Islamic terror cell in the Greater Toronto Area. Keefer 
            has documented how the RCMP used paid “moles” who received many 
            millions of dollars to manufacture a fiasco of “evaporating 
            charges.” The case basically “imploded” after the RCMP created the 
            political conditions for Prime Minister Harper’s sound bite in 2006 
            giving the Canadian version of George Bush’s hallucinatory theories 
            on Islam’s imagined “hatred” of the West’s freedoms.23 
            The debacle was severe enough probably to destroy many of the life 
            chances of several traumatized young people in spite of the fact 
            that they walked away from court with their charges stayed. In 
            Keefer’s view the whole sorry episode was essentially “a propaganda 
            operation concocted to shore up the fraudulent post-911 psyop of the 
            War on Terror.”24  
            The role of the Canadian and US governments as partners in gross 
            violations of human rights and international law meets most 
            seamlessly in the case of Canadian citizen Omar Khadr. Khadr was a 
            fifteen year old child soldier in Afghanistan when US forces picked 
            up him up after a violent incident during which the boy was wounded 
            twice. Soon after that contested episode Khadr was moved to the 
            notorious Camp X-Ray at Guantanamo Bay Cuba. Prime Minister Stephen 
            Harper has used the case to advertise his willingness to subordinate 
            Canadian sovereignty to the culture of military rule in George 
            Bush’s America. Unlike the leaders of other Western countries who 
            intervened successfully to remove their citizens from Guantanamo, 
            Harper has made a point of not asking US authorities to return Khadr 
            to his country of birth.  
            The Canadian General and UN peacekeeper Romeo Dallaire has 
            commented on the significance of the Khadr case as a 
            precedent-setting display of both the Canadian and US governments’ 
            decisions not to adhere to international laws prohibiting the 
            prosecution of child soldiers. Dallaire has written, “We are 
            permitting the United States to try a Canadian child soldier using a 
            military tribunal whose procedures violate basic principles of 
            justice.” The General pointed to “incontrovertible evidence of US 
            malfeasance,” of officials’ “alteration” of documentary evidence in 
            the case, and of various forms of abuse heaped on Khadr including 
            threats of “rape and death.” In the Khadr case, Dallaire charges, 
            the Canadian government is “abetting an affront to human rights and 
            international law.”25 
            The contempt shown for all recognized principles of US and 
            international law at Guantanamo Bay and Abu Ghraib will almost 
            certainly be seen for generations to come as defining markers of the 
            infamy of George W. Bush’s two-term presidency. A number of military 
            jurists have resigned from Guantanamo’s staff in disgust, including 
            chief prosecutor Colonel Morris Davis. A more recent whistler blower 
            is ex-prosecutor Lieutenant-Colonel Darrel Vandeveld. As reported in
            The Globe and Mail on March 2 of 2009, Vandeveld has 
            condemned the “sadistic mistreatment,” the “gross abuse,” and “sham” 
            justice extended to Khadr and the other inmates in the “cluttered 
            mess” of Guantanamo. It is the “the gulag of our time” declared 
            Amnesty International.26 “I couldn’t 
            bring myself to believe that Americans could do this,” said 
            Vandeveld in anticipation of testimony he may very well be called 
            upon to give in a domestic or international court of law.27 
            The ongoing persecution in a US gulag of a young man first 
            apprehended when he was a child soldier casts a weird and telling 
            shadow over the ICC’s concurrent prosecution at the Hague of Thomas 
            Lubanga Dyilo. Lubanga has been accused of recruiting and deploying 
            child soldiers in the eastern Congo. Many US and Canadian mining 
            companies are prominent among the corporate entities from North 
            America, Europe, and South Africa that are helping to fuel the 
            conflicts where child soldiers are regularly deployed. Child 
            soldiers continue to be included among those on the delivering and 
            receiving end of the mass slaughter and mayhem in a zone that has 
            given rise to by far the biggest genocide since the Second World 
            War.28  
            Through their joint position on the Omar Khadr case George Bush 
            and Stephen Harper have transgressed the same complex of 
            international law that Lubanga now stands accused of violating? As 
            we approach the end of the twenty-first century’s first decade what 
            more telling proof could there be of the lawlessness cultivated at 
            the highest levels of our governments? What is to be said when an 
            ex-US president, a current Canadian Prime Minister and a Congolese 
            warlord can all be accused of similar contempt for the international 
            laws prohibiting the recruitment and prosecution of child soldiers? 
            Taking on the 9/11 Cover Up 
            It is not hard to imagine the main arguments for the defense, if 
            and when George W. Bush, Richard Cheney, Donald Rumsfeld and others 
            of their ilk face their accusers in a proper court of law. At its 
            base their defense would almost certainly lie in their contention 
            that their country had been attacked in 2001 by an external enemy 
            using tactics were so audacious and unexpected that the Islamic 
            terrorists were able to penetrate the entire military-industrial 
            complex as well as the huge national security apparatus. From this 
            basis of interpretation the defense lawyers would argue that the 
            invasions of Afghanistan and Iraq, as well as all attending actions 
            including those that have taken place in Guantanamo Bay and Abu 
            Ghraib, are not be understood as elements of aggressive 
            war. They should not be seen as part of a coordinated plan of 
            military aggression that the Nuremberg judges decided long ago 
            constitutes “the supreme international crime differing from 
            other war crimes in that it contains within itself the accumulated 
            evil of the whole.” 
            Following from this line of argument the defense lawyers would 
            assert that everything done on the righteous and civilized side of 
            the War on Terror should not be interpreted as aggressive war. 
            Rather these actions should be viewed as necessary self-defense, or, 
            perhaps as preemptive precautionary actions undertaken with the hope 
            of saving innocent civilians from the violent threat of Islamic 
            extremists. Whether or not we are conscious of it, we are all 
            bombarded with the signal that we have good reason to fear the 
            savage terrorists, a message carefully crafted by practitioners of 
            so-called perceptions management to cast constant suspicion on the 
            entire Muslim and Arab worlds. Indeed, the War on Terror’s public 
            mythology forms the most essential element of the terror economy 
            that has fuelled the tremendous growth of the military-industrial 
            complex during George W. Bush’s time as US president. The old enemy 
            in the Cold War was no more, so a new enemy was required. 
            Enterprises such as Eric Prince’s Blackwater mercenary soldier 
            corporation have been able to prosper in even a more privatized 
            mould than was the case during the capitalist jihad on the Soviet 
            evil empire.29  
            In cross-examining the line of testimony citing 9/11 as the major 
            justification for actions that have been done in the War on Terror’s 
            name, a prosecutor might challenge Bush and the others in the 
            following manner. She or he might ask about specific US officials 
            whose negligence and/or incompetence supposedly led to the 
            breakdowns that allowed the terrorists to hit their well protected 
            targets on 9/11. The prosecutor might seek clarification about what 
            happened to those officials whose malfeasance and mistakes caused 
            such unprecedented failures of, for instance, intelligence, 
            counterintelligence, airport security, air defense and the 
            enforcement of immigration law. Had any incompetent officials been 
            fired? Had any been reprimanded? Had anyone resigned? The accused 
            answers “no.” The prosecutor responds, “Why not?”  
            If the mass murder and mayhem of 9/11 is attributed to a massive 
            failure of national security, why hasn’t anyone taken or been given 
            specific responsibility for precise elements of the supposed 
            breakdown? And what of George W. Bush’s own responsibility for the 
            debacle? Why did the President himself not take immediate charge of 
            the crisis by going to Washington instead of fleeing in Air Force 
            One into the American Mid-West leaving Richard Cheney, former CEO of 
            Halliburton, in charge in the bunker under the White House during 
            the fateful morning of September 11, 2001? 
            The most serious failures connected to the events of 9/11 are not 
            those of US intelligence agencies, airport security services, NORAD 
            and the like. Rather the deepest and darkest of the failures to 
            protect us for those enemies that menace us most lie with 
            journalists, mainstream media outlets, professors and the 
            universities that employ us. It is we who have in the vast majority 
            of cases chosen to abandon our skepticism and with it our 
            professional ethics and responsibilities. By and large our 
            professional class and caste continue to respond to the events of 
            9/11 in ways that are expedient rather than wise. As I see it, 
            therefore, it is a mass treason of the intellectuals that 
            constitutes the most significant underlying condition resulting in 
            the continuing fraud known as the War on Terror. The War on Terror 
            continues to be packaged, promoted and sold to the public in the 
            most aggressive campaign of psychological warfare ever mounted. How 
            many of us are complicit with our silence in this black psyop, the 
            key enabling factor in the ongoing aggressive wars justified in the 
            name of an unfounded and unproven official conspiracy theory of 
            9/11?  
            It is not my intention here and now to deconstruct the lies and 
            crimes of Bush’s White House and, more recently, President Obama’s 
            White House in the covering up key elements of the truth of what 
            happened on the morning of September 11, 2001. I have attempted such 
            a deconstruction elsewhere, but not nearly as exhaustively, 
            comprehensibly and expertly as others have done.30 
            I could mention many dozens, if not hundreds, of solid scholarly 
            contributions putting together from partial evidence the minute 
            specifics detailing what probably and certainly happened, as well as 
            what absolutely didn’t happen, on that bright, late summer morning 
            in 2001.31 Those many contributions 
            are by and large in the public domain and can easily be accessed in 
            this era of Google and You Tube. 
            While many have moved the markers in the understanding of those 
            engaged in the quest for 9/11 truth, the contributions of one 
            particular scholar stand out for their remarkable combination of 
            scope, precision and detail. I believe I speak for many colleagues 
            who share a broad consensus that the theological professor, David 
            Ray Griffin, has more than earned the title of the Dean of the 
            so-called 9/11 truth movement. I defy anyone to read even a portion 
            of Griffin’s small library of books and articles written on various 
            aspects of 9/11 and not develop utter contempt for the official 
            conspiracy theory. Given what Griffin and others have already 
            publish there is no remaining shred of credibility left to the 
            notion that the hit on the Pentagon together with the pulverization 
            of three steel-frame World Trade Center towers was caused simply by 
            a handful of Saudis armed only with box cutters, a smattering of 
            flight training and intense jihadist zeal.32
             
            A more recent entry into the most professionalized branch of 9/11 
            Studies is the indefatigable Richard Gage, the founder and guiding 
            light of the 600 member strong Architects and Engineers for 9/11 
            Truth.33 Gage has assembled and 
            popularized a great mass of technical study that has removed all 
            basis for reasonable doubt that it was controlled demolitions rather 
            than jet crashes, kerosene fires and the force of gravity that 
            brought down all three of the mighty steel-frame towers. All of them 
            hurtled into their footprint at the speed of free fall.  
            Recently I have explored carefully the deep scholarship on 
            abundant display in Canadian Peter Dale Scott’s The Road to 
            9/11: Wealth Empire and the Future of America. This 
            peer-reviewed book is published at Berkeley by the University of 
            California Press. In it Scott draws on decades of investigation into 
            the intertwined workings of oil companies, drug cartels, 
            counterintelligence operations, banking regimes and politics in an 
            account that exposes the decades of close collaboration between Dick 
            Cheney and Donald Rumsfeld culminating in their strange appearances 
            and disappearances on and around 9/11. Like the work of Nafeez 
            Mossaddeq Ahmed, Scott’s text presents much evidence to demonstrate 
            that the boogey man of al-Qaeda has since its inception in the CIA-ISI-sponsored 
            mujahadeen been internally involved in the workings of the national 
            security state.34 Starting as key 
            players in the financial transactions of the now-defunct 
            Lahore-based Bank of Credit and Commerce, the cast of characters 
            assigned to perform roles in al Qaeda’s career have helped advance 
            the process of transforming terrorism into a business and political 
            opportunity for the many merchandisers of fear. I particularly 
            recommend chapter 10 of Scott’s book. It is entitled “al Qaeda and 
            the U.S. Establishment.” The chapter’s subheadings include phrases 
            like “U.S. Operatives, Oil Companies and al Qaeda,” “U.S. Operatives 
            and al Qaeda in Azerbaijan,” “Unocal, the Taliban, and bin Laden in 
            Afghanistan,” “al Qaeda, the Kosovo Liberation Army and the 
            Trans-Balkan Pipeline,” “al Qaeda and the 
            Petroleum-Military-Financial Complex.” 
            I could end by making a plea for a parliamentary investigation in 
            Canada into the veracity of the interpretation of 9/11 that 
            continues to put our soldiers in Afghanistan in harms way. I could 
            end by pointing to the journalistic failures of our own CBC or to 
            the propaganda for aggressive war that has proliferated especially 
            in the commercial media.35 As 
            revealed in the post-Watergate investigations into the CIA, hired 
            “assets” in the mainstream media have long been used by the national 
            security state to propagate spin and disinformation campaigns whose 
            real agenda is to improve the business opportunities for the likes 
            of the Bush family dynasty of war profiteers.36 
            I could illustrate some of my contentions by pointing to the 
            ridiculous histrionics particularly of all the Can West Global 
            venues, but especially The National Post. I’ll quote the 
            headline of a piece where anonymous bloggers are given a large 
            amount of space in the newspaper to attack my work. What else are 
            the NP’s headline writers doing by “Taking on the 9/11 Conspiracy 
            Theorists” other than fending off challenges to the War on Terror’s 
            public mythology?37 
            There are many ways I could conclude but I choose actually to 
            bring this essay to a close with a few thoughts on George Bush, 
            international law, and Naomi Klein’s remarkably well received book 
            entitled, The Shock Doctrine: The Rise of Disaster Capitalism. 
            Through the lens of her Keynesian interpretations, Klein surveys 
            many of the world’s countries over the last several decades. In 
            doing so she presents a very compelling case that the modest 
            redistributive programs that were once incorporated into national 
            economies and the global economy have by and large not survived the 
            incursions of “disaster capitalism.” Our material relations have 
            been subjected to repeated shocks of hyperprivatization during 
            periods when we have been most vulnerable to the disorienting 
            effects of manufactured or naturally induced trauma.  
            As the author acknowledges in her text, the events of 9/11 form
            the classic example for the central thesis of her work. The 
            shocking imagery of the collapsing towers created the pretext for 
            the invasion of Iraq and the subsequent rush by the Bush regime to 
            exploit what Klein call the “market for terrorism.” Iraq was to be 
            remade as a prototype to demonstrate that “the job of the state [is] 
            not to provide security but to purchase it at market prices.” 
            Moreover the violence in Iraq helped stimulate the culture of fear 
            and loathing in North America supporting the rise of what Klein dubs 
            “the homeland security industry.38 
            Like most authors who write about the War on Terror, Klein tip 
            toes around the actual events of 9/11 so she can arrive unscathed at 
            safer professional ground. For her this safer zone of more 
            camera-ready interpretation involve documenting how Bush, Cheney, 
            Rumsfeld, Paul Bremer and the other architect and engineers of the 
            privatized terror economy exploited 9/11 to advance their agenda. As 
            she whizzes by the subject of what actually happened on the day of 
            the Great Shock, Klein bows to the mantra of “the security failures 
            of 9/11.”39 Klein then takes her 
            readers with her on her highly original and important economic 
            analysis of the War on Terror’s ground zero of Iraq.  
            I think I understand the basis of Naomi’s journalistic decision. 
            I see it as a necessary tradeoff if she wanted to have a hope of 
            expanding the tremendously useful work she does on mainstream media 
            in Canada and the United States as well as with budding young 
            activists around the world. But my best guess is that Klein is too 
            well informed not to be suspicious of the Bush regime’s “security 
            failure” meme on 9/11. If my hunch is true, what does it say about 
            how bad the climate of paranoia has become when even Naomi Klein is 
            self-censoring rather than taking the risk of joining the 
            marginalized “conspiracy theorists” whose local ranks in Winnipeg 
            include a disqualified Liberal candidate here with us today? Is 
            Klein’s adherence to the taboos of 9/11 similar to that of Noam 
            Chomsky and the producers of otherwise progressive media at, for 
            instance, ZMag, the Nation, and Democracy Now? Or is Barrie Zwicker 
            right when he argues there are more malevolent forces involved that 
            repeat in the context of the so-called War on Terror the Cold War 
            techniques of disinformation and psyops?40
             
            President Obama’s rhetoric of hope and change will not transcend 
            the hate talk and hate crimes that will continue to proliferate as 
            long as the public’s gaze is averted from the truth of the event 
            whose content has been misrepresented to justify the international 
            crimes that continue to be perpetrated in the War on Terror’s name. 
            Until that fraud is exposed the obscenity will likely continue of 
            George Bush moving across international borders to give highly-paid 
            motivational speeches. Nevertheless we shall endeavour to do what we 
            can on March 17 to draw the line by making the former US president’s 
            visit to Calgary the test case on whether we are governed by the 
            rule of law or the rule of disinformation, cronyism and military 
            muscle. 
            
              
                | ENDNOTES 
                1 Canada, Department of Justice, 
                “Canada’s War Crimes Program,” 2 January 2009 at 
                
                http://www.justice.gc.ca/eng/pi/wc-cg/index.html 
                For some reason the Justice Department replaced the term 
                “genocide” in its December 2008 statement with the term “other 
                reprehensible acts regardless of when or where they occurred.” 
                See 
                
                
                http://www.justice.gc.ca/eng/news-nouv/nr-cp/2007/doc_32020.html 
                </ br> 
                2 Geoffrey York, 
                “Historic Warrant for Sudan’s Leader Sparks Global Debate, The 
                Globe and Mail, 26 February, 2009, A1 
                3 Peter Walker and 
                Chris McGreal, “Congo Militia Leader ‘Trained Child Soldiers to 
                Kill, The Guardian, 26 January, 2009 at 
                
                
                http://www.guardian.co.uk/world/2009/jan/26/thomas-lubanga-international... 
                4 See Adam Jones, ed., 
                Genocide War Crimes, and the West: History and Complicity 
                (London: Zed, 2004) 
                5 Mark Findlay, The 
                Globalisation of Crime (Cambridge: Cambridge University Press, 
                1999) 
                6 Philippe Sands, 
                Lawless World: Making and Breaking Global Rules (London: 
                Penguin, 2006); Sands, Torture Team: Deception, Cruelty and the 
                Compromise of Law (London: Allen Lane, 2008); Francis A. Boyle, 
                Breaking All the Rules: Palestine, Iraq, Iran and the Case for 
                Impeachment (Atlanata: Clarity Press, 2008); Boyle, Protesting 
                Power: War, Resistance and Law (Lanham Maryland: Rowman and 
                Littlefield, 2008); Michael Mandel, How America Gets Away With 
                Murder: Illegal Wars, Collateral Damage and Crimes Against 
                Humanity (Ann Arbour: Pluto Press, 2004) 
                7 Vincent Bugliosi, 
                The Prosecution of George W. Bush for Murder (Cambridge Mass: 
                Vanguard Press, 2008) 
                8 James Mann, The Rise 
                of the Vulcans: The History of Bush’s War Cabinet (New York: 
                Viking, 2004) 
                9 Project for the New 
                American Century, Rebuilding America’s Defenses: Strategy, 
                Forces and Resources for a New Century (Washington: PNAC, 2000) 
                at 
                
                http://www.newamericancentury.org/ 
                10 Adam Hoschschild, 
                King Leopold’s Ghost: A Story of Greed, Terror and Heroism in 
                Colonial Africa (Boston: Houghton Mifflin Company, 1999), 
                111-112 
                11 Raphael Lemkin, 
                Axis Rule in Occupied Europe: Laws of Occupation, Analysis of 
                Government, Proposals for Redress (Washington: Carnegie 
                Endowment for International Peace, 1944) 
                12 Robert H. 
                Jackson, The Nurnberg Case as Presented by Robert H. Jackson, 
                (New York: Cooper Square Publishers, 1971), p. xv. See Ciara 
                Damgaard, Individual Criminal Responsibility for Core 
                International Crimes (New York: Springer, 2008); See Michael 
                Marrus, The Nuremberg War Crime Trial, 1945-1946 (Boston: 
                Bedfords Books, 1997) 
                13 Robert Jackson, 
                Nuremberg Trials, Opening Arguments for the United States at 
                
                
                http://fcit.usf.edu/HOLOCAUST/Resource/DOCUMENT/DocJac15.htm 
                14 Cited in Toram 
                Dinstein, War, Aggression, and Self-Defence (Cambridge: 
                Cambridge University Press, 2005), 120. The judges were quoting 
                the British jurists Lord Wright [of Dursley], “War Crimes Under 
                International Law,” The Law Review Quarterly, Vol. 62, January, 
                1946 
                15
                
                http://untreaty.un.org/cod/icc/index.html 
                16
                
                http://www.iccnow.org/?mod=icchistory 
                17 The Canadian 
                Press, “George W. Bush to Give Talk in Calgary,” 12 February, 
                2009, ctv.ca at 
                
                
                http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090212/Bush_Calgar... 
                18
                
                https://www.albertaresidentsleague.com/letter.htm 
                19 Donald Gutstein, 
                “Canada Poised to Kill Kyoto,” 22 January, 2006, Spinwatch at 
                
                http://www.spinwatch.org.uk/-news-by-category-mainmenu-9/181-canada/2528... 
                Bob Burton and Sheldon Rampton, “Thinking Globally, Acting 
                Vocally: The International Conspiracy to Overheat the Earth,” PR 
                Watch at 
                
                http://www.prwatch.org/prwissues/1997Q4/warming.html 
                20 Richard Perle and 
                David Frum, An End to Evil: How to Win the War on Terror (New 
                York: Random House, 2004); 
                J.L. Jackson, “The Rise and Fall of Canada’s Only Conservative 
                Magazine,” at 
                
                
                http://www.enterstageright.com/archive/articles/0703/0703report.htm 
                21 Cited in Gail 
                Davidson of Lawyers Against War to Harper, Nicolson, Van Loan, 
                Kenny, Canon et. al. 23 February, 2009 
                22 Kerry Pither, 
                Dark Days: The Story of Four Canadians Tortured in the Name of 
                Fighting Terror (Toronto: Viking, 2008); Monia Mazigh, Hope and 
                Despair: My Struggle to Free My Husband, Maher Arar (Toronto: 
                McClelland and Stewart, 2009) 
                23 Thomas Walkom, 
                “The Incredible Shrinking Terror Case,” The Toronto Star, 16 
                April, 2008, at 
                
                http://www.thestar.com/columnists/article/414859 
                24 Michael Keefer, 
                “The Toronto 18 Frame Up: Fraud and Fear Mongering in the War on 
                Terror,” Global Outlook, summer, 2008, 32 
                25 Romeo Dallaire, 
                “Bring Omar Khadr Home,” The National Post, 22 May, 2008 
                26
                
                http://www.finalcall.com/artman/publish/article_2038.shtml 
                27 Omar El Akkad, 
                “Former Gitmo Prosecutor Slams Detention Camp,” The Globe and 
                Mail, 2 March, 2009, A4 
                28 Gerard Prunier, 
                Africa’s World War: Congo, the Rwandan Genocide and the Making 
                of a Continental Catastrophe (New York: Oxford University Press, 
                2009): Thomas Turner, The Congo Wars: Conflict, Myth, Reality 
                (New York: Zed, 2007) 
                David Barouski, “Mining in Ituri Province of Congo, Z Mag, 14 
                May, 2007 at 
                
                http://www.zmag.org/znet/viewArticle/15432 
                29 Jeremy Scahill, 
                Blackwater: The Rise of the World’s Most Powerful Mercenary Army 
                (New York: Nation Books, 2008) 
                30
                
                http://www.globalresearch.ca/index.php?context=va&aid=10117 
                31
                
                http://patriotsquestion911.com/ 
                32 See, for 
                instance, David Ray Griffin, The New Pearl Harbor: Disturbing 
                Questions about the Bush Administration and 9/11 (Northampton 
                Mass.: Olive Branch Press, 2004); Griffin, The 9/11 Commission 
                Report: Omissions and Distortions (NorthamptonMass.: Olve Branch 
                Press/Interlink, 2004); 9/11 and American Empire: Intellectuals 
                Speak Out, Griffin and Peter Dale Scott, eds. (Northampton 
                Mass.: Olive Branch Press, 2006); Griffin, Debunking 9/11 
                Debunking: An Answer to Popular Mechanics and Other Defenders of 
                the Official Conspiracy Theory. Revised and Updated Edition 
                (Northampton Mass.: Olive Branch Press, 2007)  
                33
                
                http://www.ae911truth.org/ 
                34 Nafeez Mossaddeq 
                Ahmed, The War on Freedom: How and Why America Was Attacked, 
                September 11, 2001 (Joshua Tree California. Tree of Life 
                Publications, 2002) 
                35 See Michael 
                Kearney, The Prohibition of Propaganda for War in International 
                Law (New York: Oxford University Press, 2007); R.T. Naylor, 
                Satanic Purses: Money, Myth, and Misinformation in the War on 
                Terror (Montreal: McGill-Queen’s University Press, 2006) 
                36 Kevin Phillips, 
                American Dynasty: Aristocracy, Fortune, and the Politics of 
                Deceit in the House of Bush (New York: Viking, 2004) 
                37 See Paul Russell, 
                “The Week in Letters,” “Professor Anthony J. Hall Responds,” and 
                “Taking on the 9/11 Conspiracy Theorists,” all in The National 
                Post, 6 October, 2008, A10, A11 
                38 Naomi Klein, The 
                Shock Doctrine: The Rise of Disaster Capitalism (Toronto: Alfred 
                A. Knopf Canada, 2007), 362, 359, 367 
                39 Ibid, 357 
                40 Barry Zwicker, 
                “The Shame of Noam Chomsky and the Gatekeepers of the Left,” in 
                Zwicker, Towers of Deception: The Media Cover-Up of 9/11 (Gabriola 
                Island: New Society Publishers, 2006), 179-224 
                
                   | 
               
             
            
            
            more  
            
            
            Source  
            
              
               |