Punishing Pro-Hezbollah Speech

 

Punishing Pro-Hezbollah Speech

Australian officials are rushing to denounce expressions of support for the Hezbollah resistance group as a violation of a new counter-terrorism law, writes Caitlin Johnstone. Read here...

By Caitlin Johnstone
in Melbourne, Australia
CaitlinJohnstone.com.au

Listen to Tim Foley reading this article.

As Israel begins another invasion of Lebanon, Australian officials from both sides of the imaginary partisan divide have been falling all over themselves to get Australians punished for speech crimes about the Lebanese resistance group Hezbollah.

The Australian political-media class have been in an uproar ever since footage surfaced of people waving Hezbollah flags at a protest in Melbourne over the weekend and displaying pictures of the group’s deceased leader Hassan Nasrallah, who was assassinated by Israel in a massive airstrike on Friday.

[See: AS’AD AbuKHALIL: The Middle East After Nasrallah]

After initially stating that no crime had been committed in these acts of political speech, Victoria police are now saying they have identified six potentially criminal incidents related to the demonstration.

These incidents reportedly involve “prohibited symbols” in violation of the Counter-Terrorism Legislation Amendment which was enacted last year.

Needless to say, free nations do not have “prohibited symbols.”

This development follows numerous statements from various Australian leaders denouncing the protests as criminal.

“I expect the police agencies to pursue this,” Victorian premier Jacinta Allan said of the protests, adding, “Bringing grief and pain and division to the streets of Melbourne by displaying these prohibited symbols, is utterly unacceptable.”

Australia’s Foreign Minister Penny Wong took to Twitter to denounce the protesters, saying Australians must not only refrain from supporting Hezbollah but from even giving “any indication of support.”

“We condemn any indication of support for a terrorist organisation such as Hizballah,” Wong tweeted, adding, “It not only threatens national security, but fuels fear and division in our communities.”

Home Affairs Minister Tony Burke wants to deport any international visitors displaying prohibited symbols in Australia, saying “I won’t hesitate to cancel the visas of visitors to our country who are spreading hate.”

On the other side of the aisle, opposition leader Peter Dutton is on a crusade to get new laws passed to ensure the elimination of banned symbols from public view, saying “enforcement for law is required and if there are laws that need to be passed to make sure that our values are upheld then the Prime Minister should be doing that.”

“Support for a proscribed terrorist organisation has no place on the streets of Melbourne,” tweeted Labor MP Josh Burns. “Anyone breaking counter-terrorism legislation should face the full force of the law.”

“Australians cherish the right to peaceful protest,” tweeted independent MP Zoe Daniels. “However, there is no justification for supporting a proscribed terrorist organisation. Those who were seen doing so on the streets of Melbourne at protests yesterday should be investigated and prosecuted.”

In an article titled “Hezbollah flags at protests shape as test of new hate-symbol laws,” ABC [the Australian Broadcasting Corporation] reports that these legal efforts to stomp out dissenting political speech are made possible by laws which were recently passed with the official intention of targeting Nazi symbols, but which “also cover the symbols of listed terrorist organisations such as Hezbollah.” Which is about as strong an argument on the slippery slope of government censorship as you could possibly ask for.

Hezbollah is listed as a “terrorist organisation” on the say-so of the Australian government, not because of its actions or methods but because it stands in opposition to the U.S. power alliance of which Australia is a part. This arbitrary designation is smeared across any resistance group on earth which opposes the dictates of Washington, and can then be used to suppress the speech of anyone who disagrees with the murderous behavior of the Western empire.

And it should here be noted that Australia is the only so-called democracy in the world which has no national charter or bill of rights of any kind. A tremendous amount of faith has been placed in state and federal legislators to simply do the right thing, which has proved foolish and ineffective.

Professor George Williams wrote for the Melbourne University Law Review in 2006:

“Australia is now the only democratic nation in the world without a national bill of rights. Some comprehensive form of legal protection for basic rights is otherwise seen as an essential check and balance in democratic governance around the world.

Indeed, I can find no example of a democratic nation that has gained a new Constitution or legal system in recent decades that has not included some form of a bill of rights, nor am I aware of any such nation that has done away with a bill of rights once it has been put in place.

“Why then is Australia the exception? The answer lies in our history. Although many think of Australia as a young country, constitutionally speaking, it is one of the oldest in the world. The Australian Constitution remains almost completely as it was when enacted in 1901, while the Constitutions of the Australian states can go back as far as the 1850s.

The legal systems and Constitutions of the nation and the Australian colonies (and then states) were conceived at a time when human rights, with the prominent exception of the 1791 United States Bill of Rights, tended not to be protected through a single legal instrument.

Certainly, there was then no such law in the United Kingdom, upon whose legal system ours is substantially based. This has changed, especially after World War II and the passage of the Universal Declaration of Human Rights, but by then Australia’s system of government had been operating for decades.”

If you ever wonder why Australia so often stands out as a freakish anomaly in the Western world with its jarring authoritarianism and disregard for human rights, this is why.

The powerful abuse our civil rights because they can. We are pummeled with propaganda in the birthplace of Rupert Murdoch and increasingly forbidden from speaking out against the atrocities of our government and its allies overseas. We are being groomed into mindless, obedient sheep for the empire.

Caitlin Johnstone’s work is entirely reader-supported, so if you enjoyed this piece please consider sharing it around, following her on Facebook, Twitter, Soundcloud, YouTube, or throwing some money into her tip jar on Ko-fi, Patreon or Paypal. If you want to read more you can buy her books. The best way to make sure you see the stuff she publishes is to subscribe to the mailing list at her website or on Substack, which will get you an email notification for everything she publishes.  For more info on who she is, where she stands and what she’s trying to do with her platform, click here. All works are co-authored with her American husband Tim Foley.

This article is from CaitlinJohnstone.com.au and re-published with permission.

The views expressed are solely those of the author and may or may not reflect those of Consortium News.

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Tags: 2024 Israel-Lebanon War Australian Constitution Australian Foreign Minister Penny Wong Caitlin Johnstone George Williams

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Deal or No Deal?

In a traditional trial of the Gitmo defendants, versus a plea agreement, George W. Bush et. al. could be indicted and tried in foreign countries for war crimes, writes Andrew P. Napolitano. Read here...

“Oh, what a tangled web we weave
When first we practice to deceive.”
—Sir Walter Scott (1771-1832)

The case of the Gitmo plea agreement keeps getting curiouser and curiouser.

A few weeks ago, we learned that a plea agreement had been entered into by way of a signed contract among the retired general in the Pentagon who is supervising all Gitmo prosecutions, the Gitmo defendants and defense counsel, and the military prosecutors.

The agreement, as we understand it from sources who have seen it, provides that in return for a guilty plea, Khalid Shaikh Mohammed and others will serve life terms at Gitmo, rather than be exposed at trial to the death penalty. The guilty plea is to include a public and detailed recitation of guilt. 

Stated differently, Mohammed agreed to reveal under oath the nature and extent of the conspiracy that resulted in the crimes of 9/11.

So far, this is straightforward. While the trial judge may have given his nod of approval to the terms of the agreement, under the federal rules of criminal procedure, the agreement is not final until the judge hears the defendants actually admit guilt under oath in a public courtroom and then accepts the plea in a written order.

That admission has not yet taken place because the U.S. secretary of defense, who learned of the plea agreement while traveling in Europe, removed the authority of the retired general supervising the prosecution to enter into plea agreements without his express approval.

Thereupon, defense counsel asked the court to enforce the agreement anyway since it is a signed contract, and schedule the plea hearing at which Mohammed and others will presumably comply with their obligations to spill the beans on this 23-year-old case.

The military prosecutors — who initiated the plea negotiations because they recognized that they cannot ethically defend the George W. Bush administration’s torture of these defendants — have been ordered by the Pentagon to ask the judge to reject the plea.

Tangled Web

Khalid Sheikh Mohammed in 2003 after his capture. (Wikimedia Commons, Public domain)

Thus, we have a tangled web, tangled because the government deceived the American public and federal judges about its own criminal behavior — the Bush torture regime. The signed contract was initiated and drafted by the same military prosecutors who have been ordered — against their professional judgement — to ask the trial judge to repudiate it.

Those who have seen it have revealed that the agreement contains a poison pill — a clause that survives the agreement even if it is nullified.

That poison pill removes the death penalty from the case, should the case go to trial.

This was apparently made a part of the agreement in case the political winds blow against the government and it gets cold feet. That is probably what happened.

When Secretary of Defense Lloyd Austin — who is not a lawyer — was asked why he ordered the agreement rescinded, he stated that the American public has a right to learn “all” the evidence in the case.

He must have made that comment while ignorant of the terms of the plea agreement, as the agreement requires a full recitation by the defendants of their knowledge of the events leading up to 9/11; and nothing prevents prosecutors from revealing whatever evidence they choose to reveal.

Austin at a Pentagon press briefing in February. (DoD, Alexander Kubitza)

Moreover, the Pentagon’s own team of prosecutors have warned against the public revelation of “all” the evidence in the case because the evidence of stomach-churning torture will expose war crimes for which there is no statute of limitations.

Stated differently, if this case is tried in the traditional way as opposed to the entry of a plea agreement with the defendants’ recitation under oath of their knowledge of the crimes, former President George W. Bush himself and others in his administration, in the C.I.A. and in the military could be indicted and tried in foreign countries for war crimes.

As well, there will be blowback against American troops now stationed abroad, most of whom were not born when Bush ordered torture and deception and invasions of Afghanistan and Iraq. His “don’t mess with Texas” presidential style continues to haunt today. He failed to understand that the problem of searching the world for monsters to slay is that the monsters you find will follow you home.

Adding to the jurisprudential oddities here is the intrusion of Congress. When President Barack Obama revealed his intention to close Gitmo — it costs half a billion dollars a year to operate — Congress enacted a statute that prohibited the removal of the defendants from Gitmo to the American mainland for any reason, including the infliction of capital punishment.

That statute is probably unconstitutional as violative of the separation of powers. Just as the president cannot tell Congress when and how to vote, Congress cannot tell the president how to manage federal prisons or prosecutions.

Gitmo was a Devil’s Island, flawed from its inception. More than 100 years ago, the U.S. leased the land on which Gitmo is located from Cuba. When the lease ran out, the U.S. refused to leave. Bush’s lawyers advised him that if he tortured and prosecuted in Cuba, federal laws didn’t apply, the Constitution wouldn’t restrain him and, best of all, those pesky federal judges couldn’t interfere with him.

In five cases, the Supreme Court rejected Bush’s arguments for evading the Constitution. Bush has visited upon all of his successors a nearly insoluble jurisprudential mess. A mess born out of antipathy to the Constitution he swore to uphold and the knee-jerk bravado apparently integral to his persona.

Gitmo is a tragic example of what happens when the American public entrusts the preservation of constitutional norms into the hands of those unworthy of that trust and quick to cut constitutional corners in order to persecute unpopular defendants. The Constitution itself was written in large measure to assure that these things can’t happen here. But they do.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, was the senior judicial analyst at Fox News Channel and hosts the podcast Judging Freedom. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty. Learn more about Judge Andrew Napolitano here. 

Published by permission of the author.

COPYRIGHT 2024 ANDREW P. NAPOLITANO 

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Tags: Andrew P. Napolitano Gitmo Khalid Shaikh Mohammed U.S. Defense Secretary Lloyd Austin

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WATCH: UN Security Council
on Widening Mideast War

The Security Council met this morning at 10 am EDT. Watch the replay here. Read here...

Amir Saeed Iravani, Iran’s U.N. envoy speaking to Security Council Wednesday. (UNTV Screenshot)

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