Saturday, February 14, 2009

An Open Letter To President Obama



Dear Mr. President:

Your reliance on the inspiration and example of Abraham Lincoln is commendable, but in at least one case, it is leading you astray.

I am sure your reluctance to investigate and prosecute the criminal acts of the preceding administration comes straight out of Lincoln's Second Inaugural Address: "with malice toward none, with charity for all." It does denote a nobility of spirit on your part--and normally, I am all for pursuing kindness over retribution when it's a viable alternative.

But what was done during the George W. Bush [henceforth "Dubya"--Ed.] administration cannot be compared to the US Civil War. Had Lincoln pursued retribution starting in 1865, fully half the country would have wound up in jail--and for no good reason. Many, if not most, of the Confederate foot soldiers fought because they considered the Union to have invaded their territory. They had no slaves, no economic stake in perpetuating slavery, and no great philosophical quarrel about the concept of "states' rights" vs. the federal government's authority. They were merely defending their homes.

In the Dubya administration, however, specific people at the head of government pursued policies and authorized actions that clearly violated both the US Constitution and international law. You have sworn to uphold, protect, and defend the US Constitution. Part of upholding and defending it is bringing to justice those who violate it, especially when they committed crimes under the ægis of being Constitutional officeholders. Besides, under treaties we have signed, the US is obligated to prosecute war crimes committed by Americans . . . not merely Americans who did not formerly hold high office.

Nor can you compare your inaction to Gerald Ford's pardon of Richard Nixon. In that case, the crimes were investigated and revealed. Most of the perpetrators were held accountable for their criminal actions. Your apparent intent to give everyone from the Dubya administration a walk does not provide even the partial sense of justice having been done that the American people attained through the post-Watergate trials, however.

The thing that makes America unique is not that we are, or even claim to be perfect, for surely we are not and do not. But when we know of grievous, criminal official activity, we show it to the world--and for that which we cannot undo, we enforce retribution. Besides, the latest polls show that over 65% of the American public wants the criminals in the Dubya administration to be held accountable for their crimes. You simply cannot ignore such a sizable percentage of the population, not if you truly believe (as I think you do) in government "of the people, by the people, and for the people."

Please, please, please reconsider your intent just to let this matter slide. For not only would your administration's inaction be a disservice to the American people, it would set a dangerous precedent for the future. I don't care whether the president is a Democrat, a Republican, or from any other party affiliation: I don't want ANY president to think s/he can get away with the abuses of power that happened between 2000 and 2008. To let future presidents think they could would obliterate our concept of "the rule of law and not of men." It would mean the death of the very Constitution you swore to uphold, protect, and defend. Don't let that be your ultimate legacy.

Sincerely,

One who cares a great deal about Lincoln and the Constitution, and who has extensively studied--and taught--both

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