No Comment — December 2, 2007, 11:01 am

Kidnapping Not a Crime, Claims Bush Justice Department

Continuing its recent spree of criminality in the alleged pursuit of law enforcement, the Bush Justice Department formally advised a British Court last week that it is fully entitled to kidnap foreigners (i.e., Britons) off the street around the world and carry them off to secret prisons. The claim was formerly thought to relate to terrorists. But no longer. Now the Bush Justice Department asserts the right to kidnap anyone it suspects of a crime. The Sunday Times (London) reports:

America has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States. A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.

The admission will alarm the British business community after the case of the so-called NatWest Three, bankers who were extradited to America on fraud charges. More than a dozen other British executives, including senior managers at British Airways and BAE Systems, are under investigation by the US authorities and could face criminal charges in America.

A look a little deeper into the case at hand provides a good explanation:

The US government’s view emerged during a hearing involving Stanley Tollman, a former director of Chelsea football club and a friend of Baroness Thatcher, and his wife Beatrice. The Tollmans, who control the Red Carnation hotel group and are resident in London, are wanted in America for bank fraud and tax evasion. They have been fighting extradition through the British courts.

During a hearing last month Lord Justice Moses, one of the Court of Appeal judges, asked Alun Jones QC, representing the US government, about its treatment of Gavin, Tollman’s nephew. Gavin Tollman was the subject of an attempted abduction during a visit to Canada in 2005. Jones replied that it was acceptable under American law to kidnap people if they were wanted for offences in America. “The United States does have a view about procuring people to its own shores which is not shared,” he said.

He said that if a person was kidnapped by the US authorities in another country and was brought back to face charges in America, no US court could rule that the abduction was illegal and free him: “If you kidnap a person outside the United States and you bring him there, the court has no jurisdiction to refuse — it goes back to bounty hunting days in the 1860s.” Mr Justice Ouseley, a second judge, challenged Jones to be “honest about [his] position”. Jones replied: “That is United States law.”

Let’s be a bit fairer to the United States shall we? This is not U.S. law, it is a Bush Administration hallucination as to U.S. law. The sort of nightmare that comes flowing freely from the pen of John Yoo or David Addington. The sort of nightmare which refuses to recognize the sovereignty of foreign states or the solemn commitments of U.S. governments over the last two centuries in treaties and conventions. The sort of nightmare that refuses to recognize the “law of nations” referred to by the Founding Fathers and incorporated into the Constitution. Alas, it is the attitude of a criminal who imagines himself busy enforcing the law, even as he holds himself above the law.

It is the attitude which has brought our nation low in the world and threatens more damage still.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

April 2017

Echt Deutsch

= Subscribers only.
Sign in here.
Subscribe here.

The Boy Without a Country

= Subscribers only.
Sign in here.
Subscribe here.

Behind the Fig Leaf

= Subscribers only.
Sign in here.
Subscribe here.

You Can Run …

= Subscribers only.
Sign in here.
Subscribe here.

Never Would I Ever

= Subscribers only.
Sign in here.
Subscribe here.

The March on Everywhere

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The March on Everywhere·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph (detail) © Nima Taradji/Polaris
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph (detail) by Philip Montgomery
Article
Defender of the Community·

= Subscribers only.
Sign in here.
Subscribe here.

Illustration (detail) by Katherine Streeter
Article
The Boy Without a Country·

= Subscribers only.
Sign in here.
Subscribe here.

Illustration (detail) by Shonagh Rae
Article
Asphalt Gardens·

= Subscribers only.
Sign in here.
Subscribe here.

In a city that is rapidly pricing out the poor, NYCHA’s housing projects are a last bastion of affordable shelter, with an average monthly rent of $509
Photograph (detail) © Samuel James

Number of mine-detecting monkeys erroneously reported to have been given to the United States by Morocco in March:

2,000

The Pacific trade winds are weakening as a result of global warming.

In the United States, legislation to repeal the Affordable Care Act was advanced by the House Ways and Means Committee after 18 hours of deliberation, during which time the Republican members of Congress passed around candy.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today