So was there a need for yet another anti-Bush book?
Well, it turns out there was. Because Marjorie Cohn’s modest new volume,
Cowboy Republic, (Polipoint Press) achieves
two goals so often missing from the growing library of tomes
chronicling Dubya’s failings. First, it includes the exquisite legal
detail one would expect from a distinguished lawyer. But arguably more
important, it does so in straightforward everyman-language that makes
it accessible to ordinary folks who don’t happen to be either lawyers
or political junkies.
Marjorie Cohn seems to have been
around forever. A professor at the Thomas Jefferson School of Law in
San Diego and president of the National Lawyers Guild, hers has been a
powerful voice on both mainstream and alternative radio and television,
in major newspapers and magazines, and on the web. Moreover, it is a
voice that has become more thoughtful, more forceful, more consistent –
and, yes, more civil, over the years.
Which is not to say is Ms. Cohn lacks passion. On the contrary, it is
this very passion that helps make this little book to so eminently
readable. But, happily, Ms. Cohn’s passion doesn’t turn her new book
into a polemic. If anything, the language she uses in making her case
against the Bush Administration is somewhat under-stated, perhaps in
the best legal tradition. Michael Moore she is not.
The subtitle of Cowboy Republic is “Six Ways the Bush Gang has Defied
the Law” – and this book is about the law. So, at one level, it is a
love story: Marjorie Cohn has been in love with the law for many years.
In the face of a largely apathetic public and an often- supine press,
she persists in her belief that a renaissance in respect for the rule
of law will ultimately be the nation’s way out of its current mess.
Her case against the Bush Administration’s contempt of the rule of law
lays out most of the high crimes and misdemeanors with which Truthout
readers – and most of everyone else – have now become so familiar. The
hypocrisy of US “support” for the United Nations. The “marketing” of
the Iraq invasion. The unending conflation of Iraq and 9/11. The
torture memos. Guantanamo. Extraordinary renditions. National Security
Letters. The “disappeared” in CIA “black sites.” The euphemisms – i.e.
“enhanced interrogation” – used to sanitize repeated US violations of
the Geneva Conventions. The warrantless surveillance programs. The
roundup and detention of foreigners suspected of being of Middle
Eastern descent. The over-hyped press conference trumpeting the arrests
of “the worst of the worst” – later set free, deported, or charged with
far less egregious crimes. And the complicity of the president’s
lawyers in finding “legal justifications” to condone the un-condonable,
to ignore the separation of powers, and to promulgate the notion of a
“unitary executive.”
Ms. Cohn writes of these transgressions with economy and clarity.
Moreover, she places them within the context of America’s history,
starting with the Sedition Laws of the late 18th Century that
imprisoned journalists for speaking out against the government, through
Attorney General Mitchell Palmer’s “Red Raids” to root out Bolsheviks
in the 1920s, through the internment of Japanese-Americans in eh Second
World War, through the Cold War’s shameful McCarthy debacle, through
the myriad falsehoods perpetrated by government during Vietnam, though
the lies of Nixon’s Watergate nightmare.
Her point is that the US has been here before, and that it has always
been the law, in confluence with the activism of a minority of outraged
citizenry, that has eventually righted the ship of Ship of State.
But Ms. Cohn refuses to rely solely on these tools. She is saying that
time does not allow us the luxury of confidence in evolution and
incrementalism alone. An activist needs action, and Ms. Cohn is nothing
if not an activist.
Her hope was that the 2006 mid-term elections would have resulted in a
groundswell of support for the impeachment of the President and his top
aides. Today, she is clearly disappointed with the leadership of the
new Congress. “Both Nency Pelosi, the new Speaker of the House, and
John Conyers, the incoming chairman of the House Judiciary Committee
where impeachment would be initiated, have said, “Impeachment is off
the table,” she writes.
Yet she is not without hope. “…if Congress fulfills its constitutional
duty to investigate the Bush gang’s malfeasance, the legislators will
invariably encounter stonewalling by the administration. That should
anger many in Congress, who then might develop the resolve to launch
impeachment hearings,” she writes, adding:
“It is now time for us to demand truth, justice and accountability from
the Cowboy Republicans. That means op-eds and letters to the editor,
and writing e-mailing and calling Congress, insisting that the Bush
gang be held to account for its high crimes and misdemeanors. We must
organize protects, marches, and demonstrations to end the Iraq war and
occupation and prevent the next war. Our lives and those of our
children depend on it.”
For Marjorie Cohn, it will never depend on waiting for Gen. David Petraeus.
William Fisher has managed economic development programs for the US
State Department and the US Agency for International Development in the
Middle East, Latin America and elsewhere for the past 25 years. He
served in the administration of President John F. Kennedy.