A Baseless
Justification for War in Syria
June 25,
2017
By Dennis J Bernstein
Consortiumnews.com
U.S. government officials, including Chairman of the Joint Chiefs of
Staff, Gen. Joseph F. Dunford Jr., claim the current U.S. authority to mount
military operations in Iraq and Syria is legally based on the Authorization
for the Use of Military Force [AUMF] declaration to go after Al
Qaeda and related terror groups after the 9/11 attacks in 2001. But how does
that cover the recent U.S. attacks on Syrian government forces that have been
battling both Al Qaeda and its spinoff, Islamic State?
Francis Boyle, professor of international law at the University of
Illinois College of Law, asserts that the recent U.S. shoot-down of a Syrian
government jet inside Syria on June 18 was not only illegal under international
law but amounts to an impeachable act by President Trump.
In an interview with Flashpoints’ Dennis J. Bernstein, Professor Boyle
said, “What the U.S. government is getting away with here is incredible.” Boyle
also talked to Bernstein about the questionable Russia-gate investigation and
the darker history behind Special Prosecutor Robert Swan Mueller III, the
former Director of the Federal Bureau of Investigation.
Dennis Bernstein: Will Syria’s hot war and the recent U.S. bombings
there lead us into a hot war with Russia? Well, the generals are saying this
shoot-down in Syria is legal. You want to jump into this?
Francis Boyle: You know Dunford doesn’t have a law degree that I’m aware
of. But, of course, still the Pentagon is going to try to justify whatever war
crimes it can. They always do.
Clearly the U.S. invasion, which we have done, and now repeated military
attacks against Syria constitutes a Nuremberg crime against peace, and in
violation of the Nuremberg charter, judgment and principles, and, of course, a
violation of the United Nations’ charter. [It is] an act of aggression as
defined by, oh even the new element of the Rome Statute for the International
Criminal Court that is not yet in force. But it has a definition based upon the
1974 definition of aggression which the World Court found to be customary
international law in the very famous Nicaraguan case when it applied it against
Nicaragua.
Indeed, it’s very interesting, you know, if you go back and read the
Nicaragua case, and change Syria for Nicaragua, pretty much the law, the
illegalities remain the same. Likewise, the United States Congress has never
authorized any act of war against Syria.
So, this violates the War Powers clause of the United States
Constitution, the War Powers Resolution of 1973, and is clearly an impeachable
act against President Trump. This is a slam dunk. We don’t have time to go
through all the other arguments being made on impeachment here, but for the
most part, all those are being made by these totally hypocritical Democratic
lawyers who never applied the same impeachable arguments against President
Obama. So, I’m not going to waste time with them.
And, finally, this is existentially dangerous, what is going on right
now in Syria. But Russia is there with the consent of the legitimate government
of Syria. They’re not violating international law. The United States is in
clear cut violation, as I have explained. And, now, Russia … has said
that they are going to begin to target U.S. planes and drones. And, the problem
is, of course, when you target planes, that triggers their radar and they fire
back. So, we’re pretty much on a hair trigger right now in Syria for war
between the United States and Russia.
And given the massive war mongering campaign we’re seeing being waged
against Russia by almost all the mainstream news media, the Democrats, the
whole Democratic Party, the Hillary Clinton people, etc. and sort of
neo-McCarthyism against Russia, Putin and everyone else, I shudder to think
what would happen if Russia were to shoot down an American pilot under these
circumstances. In my lifetime, Dennis, my political lifetime, I don’t think
we’ve been in such a dangerous situation since the Cuban Missile Crisis.
I mean, anything could go wrong here, soon. And, even if it’s not
deliberate, as President Kennedy said when the Soviet Union shot down a U-2 spy
plane at the heart of the Cuban Missile Crisis that could have resulted in
World War III, he said something like, “Well, there’s always some
son-of-a-bitch down the line who doesn’t get the message.” So, anything could
go wrong here. And we could end up being at war with Russia momentarily.
DB: You want to talk a little bit about the so-called deconfliction
zones, that are really conflict zones and a potential for war?
FB: Yeah, it’s clear, Dennis, and indeed [the] Financial Times now has
an article on this, but I’ve said this for a while, these deconfliction zones
are really de-facto partition zones for Russia and the United States. And what
we’re seeing here is effectively all these surrounding states are going into
Syria and grabbing a chunk of their territory.
It’s like jackals descending on a wounded animal. Iran is in there,
Hezbollah is in there, Turkey is in there, the Kurds are in there, the U.S. is
in there. We have our proxy terrorist groups in there. The best analogy would
be a pack of jackals descending upon and eating away at a wounded animal. And
the so-called deconfliction zones are just part of the de-facto carve up of
Syria, in violation of Syria’s territorial integrity and political independence
guaranteed by the United Nations’ charter.
DB: Well, as you say, these are incredibly dangerous times, and very,
very difficult policies. Who loses, who gains on this kind of response to
Syria, and bombing of Syria?
FB: Well, the United States government believes it gains because they
are out — and have always been out — to overthrow the Assad government, and put
a puppet in power. And, you know, continue to achieve their objectives there in
the Middle East, going back for quite some time, preparing the way for future
action against Iran and Russia, for sure.
So, they believe that this is to their advantage: the Pentagon, the CIA,
the White House, the so-called Power Ministries, the Deep State. Call them
whatever you want. They could be tragically short-sighted. I mean, this is the
way the First World War and the Second World War began. What can I say, Dennis?
It’s a tinder box, already.
DB: And how would you characterize Israel’s interest and their role in
this policy? Do you think they’re a driving force in it?
FB: Of course. That’s got reported […] in the Wall Street Journal. I
guess I should say Israel wants its chunk of Syria, too. They’ve already stolen
the Golan Heights, in 1967. And they’ve been arming, equipping and supplying
these terrorist organizations since the outset of the uprising in Syria. And,
indeed, they’ve now carved out a further buffer zone in Syria.
So, they’re in to get their share of Syria, as well, along with everyone
else. I’m not saying they’re any better or any worse than anyone else. But
they’re doing exactly the same thing everyone else is doing. As I said, it’s
this pack of hyenas going in there to gnaw away, and eat the flesh of Syria.
And Israel is getting its pound of flesh, as it sees it.
DB: And this, you think, could easily unravel. These are perhaps, would
you say, the most dangerous times of our life time, or close to it?
FB: Well, when you have Russia saying it is going to target so-called
paint U.S. jet fighters, and jet fighters bombers, and their standard operating
procedure when they get painted is to destroy the source that is targeting
them. Yes. As I said, we could have war, at least in Syria, between the United
States and Russia.
And given the anti-Russian warmongering and hysteria, and
neo-McCarthyism in this country that has been deliberately orchestrated by the
Clinton campaign and the Democrats and their fellow travelers in the mainstream
news media since the Democratic Convention last summer, if a U.S. pilot gets
killed, we could see Congress going into session, and declaring war against
Russia. Sure. It’s a catastrophe, Dennis. I mean, anything could happen here. I
shudder to think of the consequences.
DB: Amazing. But I do want to, just before we let you go, I want to ask
you to weigh in. Because we’ve seen this amazing, as you call it, McCarthyite
attack. People don’t like Trump, they find him very difficult. And it’s not
hard to find him difficult. How would you describe what is happening against
him in terms of … people refer to it as the Deep State, or an intelligence
coup? How would you unpack that?
FB: Right, well, first of all, let me say I did not vote for either
Clinton or Trump. As I saw it, it was a choice between the cholera and the
plague. And I decided not to have anything to do with either of them. But I
think if Clinton had been elected we’d probably be at war with Russia, right
now. I think what we’re seeing is the elements in the Obama administration that
was being run by [Zbigniew] Brzezinski, this ex-patriot Pole who hated the
Russians with a passion, and the CIA, the FBI, the Pentagon, all moving further
in the direction of a direct conflict with Russia, and especially over Ukraine.
As we know, it was the Obama administration, Assistant Secretary of
State [Victoria] Nuland, a neo-con holdover from the Bush administration, who
admitted, we had put $5 billion in there to overthrow the democratically
elected government of Ukraine. Which we did. It was a standard textbook CIA
coup d’etat, that followed the manual going back to the original CIA overthrow
of the Mossadegh government in Iran.
Trump seemed to indicate that he was going to take a different approach,
and not continue with this agenda. And so, now what we’re seeing is all the
forces that had been lined up to steal Ukraine, to confront Russia, are
furiously fighting back.
Now, I’m not saying Trump is a good guy here, but what I am saying, if
you’re watching the mainstream news media, none of the people involved here are
good guys. No one wears a white hat. And it’s an extremely dangerous situation.
[James] Comey, the FBI Director… well, first look at Wesley Swearingen,
a decorated retired FBI agent, in his book FBI Secrets, has
repeatedly called the FBI “the American Gestapo.” And, of course, you and I and
your listening audience certainly know that, Dennis. Certainly
African-Americans know the FBI is the American Gestapo. Arabs know it. Muslims
know it. Communists know it. I know it since they put me on all the
government’s terrorism watch lists here, because I refused to become an
informant for them and the CIA on my Arab and Muslim clients.
So, Comey is no great hero here. And, indeed, when he worked for Bush
Jr. he was Deputy Attorney General. He was up to his eye balls in every hideous
atrocity Bush Jr. inflicted on everyone, both abroad and here at home,
including the 1,100 Muslims that they summarily rounded up. Many of them were
beaten up, and a few died.
As for Mueller, again, former Director of the FBI, the American Gestapo,
Mueller, when he was Assistant Attorney General of the Criminal Division,
Mueller was in charge of fixing the case against Libya and Gaddafi, for the
Lockerbie bombing. When everyone knows Libya had absolutely nothing to do with
the Lockerbie bombing.
Indeed, we had been told that the Lockerbie bombing effectively was
revenge by Iran for the destruction of the Iran air jet by the USS Vincennes in
the Persian Gulf, with the loss of all that innocent human life. And the Reagan
administration refused to apologize, refused to accept responsibility,
decorated the captain of the Vincennes that killed close to 270 completely
innocent human beings.
But, in the run up to the Bush Sr.’s war against Iraq to steal Persian
Gulf oil, he wanted and needed support of Iran, and also, Syria. There’s
evidence Lockerbie might have been staged out of Syria. I don’t know if that’s
true or it isn’t. So, we cut a deal that all of a sudden Iran, Syria, whatever
the responsibility, they would be let off the hook, in return for Iran and
Syria supporting the United States’ war against Iraq. And, all of a sudden, out
of nowhere, Libya gets blamed. Mueller was behind all of that. He fixed all
that evidence that prevented us, the American people, from finding out who
really was behind the Lockerbie bombing. I can’t recall the number there was
[270 total people killed], [187] American civilians were killed. Mueller is
truly evil. [For more on the Lockerbie bombing, see Consortiumnews “The Crumbling
Lockerbie Case”]
And then, in addition, Mueller was head of the FBI, and he was in charge
of the cover up of the anthrax attacks of October 2001. At the time, I had
given interviews right after these attacks pointing out that this was super
weapons grade anthrax that could only be manufactured in a U.S. government lab,
or one affiliated, working for the United States government. And, indeed, I
informed the FBI of this, given my expertise on biological warfare. And the
FBI, then under Mueller, sent a team out there to the Ames Repository for
Anthrax, in Ames, Iowa — where we keep our weapons strains — and destroyed them
all, attempting to cover up the U.S. government’s origins of the anthrax
attack.
That was all done while Mueller was head of the FBI, and under his
direct supervision. So, this so-called special council that we see now is just
a “fix-it man” for the CIA, the Pentagon, the military industrial complex,
despite what you’re reading in the newspaper about character and integrity.
This man is a criminal, he should be prosecuted and put in jail, certainly for
what he did on Lockerbie, and what he did on the anthrax attacks. And I won’t
go through the rest of his record here. So, this is a real scheme by, as I see
it, the power ministries, what they used to call it in the Soviet Union, to
continue our confrontation with Russia, and in Ukraine, in the Baltics, and
also in Syria.
And in my read of the situation, that’s what’s going on. This is not to
say Trump is a good guy, except to say, if Clinton had been elected I think
we’d be at war with Russia. We dodged a bullet on November 8th. But I don’t
know how much longer we will be able to continue to dodge the bullet.
And, again, we have to remember, Dennis, that for eight years under the
Obama administration… Obama’s mentor was Zbigniew Brzezinski. Brzezinski and I
went through the exact same PhD program at Harvard, the Graduate School of Arts
and Sciences, Department of Government, not the Kennedy School, which is
basically a front organization for the CIA, and the Department of Defense. But
the same program that produces professors of political science, like
Brzezinski, like [Henry] Kissinger, and like me, like [Samuel P.] Huntington.
And Brzezinski is an ex-patriot Pole who hates the Soviet Union, and Russia,
and the Russians with a passion.
Remember, it was Brzezinski who convinced President Carter to unleash
Al-Qaeda [known at the time as the mujahideen] against the Soviet Union in
Afghanistan, in order to bring about, as he saw it, the Vietnam for the Soviet
Union. And he was Obama’s mentor, at Columbia. And when Obama decided to run
for president, he brought in Brzezinski to be in charge of his entire foreign affairs
and defense operation, during the campaign.
And then, once Obama became president, Brzezinski stacked the Obama
administration with his proteges, all up and down the State Department, the
Department of Defense, and the White House, and the CIA and everywhere else he
could have. So, that is what we saw for eight years of Obama. And Clinton was
just continuing along those lines.
DB: Wow. Well, we just have a couple of minutes left. Today happens to
be the fifth year that, shall we say, Julian Assange is trapped in the
Ecuadorean embassy [in London]. What do you think U.S. and British intelligence
officials are so afraid of when it comes to WikiLeaks?
FB: The truth. That’s what they’re afraid of. Well, Dennis, WikiLeaks,
as far as I can tell, so far, I haven’t read all of these dispatches and
everything, but I’ve read the accounts, is simply telling the truth. And we
here live in a democracy. And, we, the American people are entitled to the
truth.
You know, all this diddly squat about classifications and security is
all baloney. We live in a democracy. We’re entitled to everything so that we
can make informed decisions. And the government refuses to do it. The NSA spies
on all of us, every one of us.
When the CIA and the FBI came into my office to try to interrogate me
for an hour, which they did, the first question they asked me is, well, why are
you giving these interviews all over the world, if you can believe that. And
then they tried to get me to become an informant, on my Arab and Muslim
clients. So, it’s the truth that the United States government cannot stand, and
cannot withstand. And so far as I see it, Assange and WikiLeaks have tried to
get the truth out.
And, remember, Mr. Justice [Louis] Brandeis of the United States Supreme
Court said quite some time ago, “Sunlight is the best disinfectant.” And
WikiLeaks has been consistently providing sunlight to us Americans, to try and
disinfect our own government.
DB: Wow. Professor Boyle we appreciate always your stand, your
information, and your willingness to be forthright in taking on the powers that
be. We thank you so much, again, for joining us on Flashpoints.
FB: Well, thanks again, Dennis. And, remember, John Yoo to jail. [John Yoo is author of
the “Torture Memos,” which advised the CIA, Department of Defense, and
president on the use of torture techniques after September 11.]
FB: John Yoo, he’s still there teaching those kids. And he’s been
cleansed.
FB: The sick, demented Berkeley Law faculty gave him their most
prestigious endowed chair. And that means that the Berkeley Law faculty have
become accessories after the fact to the use of torture, war crimes and
felonies. That’s right. They knew exactly what they were doing.
And I wouldn’t send my dog to the Berkeley Law School, these days. And I
say that in sadness because the late, great dean there, Frank Newman, who
taught international law and human rights, was a good friend of mine, and
supported me at the beginning of my career. And then later he was on the
California Supreme Court. And Yoo is now desecrating his slot there at Berkeley
Law with the full cooperation of the sick and demented Berkeley Law faculties.
So I certainly would not go there for any reason. I had a son who could
have gone to any top law school in the country and I said, “Don’t go to Harvard
Law School, they hired a war criminal. Don’t go to Yale Law School, they have
hired and still have war criminals. Don’t go to Berkeley Law School, they have
a war criminal. Don’t go to the University of Chicago Law School, where I was
an undergraduate, because they have a torture monger on there,” and I went
right down the list.
DB: So where does he go? There’s nowhere to go.
FB: Well, he eventually went to work for the high tech business. What
can I say? I lost my son… my dad was a lawyer, and I lost this boy to the law.
But, regretfully, you just could see the total perversion of the American legal
academy after 9/11, 2001. I regret to say that. So, what can I say?
DB: Well, we thank you for the frankness and for the information,
Professor Francis Boyle, professor of international law at the University of
Illinois, College of Law. Thanks again for joining us on Flashpoints.