A Few Simple Words

In the course of history some of the most powerful statements have been made by using a minimal number of words. General Colin Powell, in his letter to Senator John McCain, has once again achieved this remarkable feat.

The world is beginning to doubt the moral basis of our fight against
terrorism. To redefine Common Article 3 would add to those doubts. Furthermore, it would put our own troops at risk.

In all of the blogs that have been discussing this issue, it could not have been said any better.

New Definitions

A couple of weeks ago, President Bush declared that some of the people he decreed to be the top terrorists who had been captured by the United States were going to be transferred to Guantanamo Bay in Cuba. He also stated that these top terrorists were going to be put on trial for their actions now that their use in interrogations has been exhausted. The problem is the tribunal process implemented by the White House was overruled by the United States Supreme Court on the grounds that the Congress is the governmental body that needed to implement the tribunal process; the President was not authorized to act as he did. The Court also determined that the Geneva Convention applies to all aspects of the so called "War on Terrorism" including the black ops prisons where these people were held.

The relevance of the later determination is that the secret prisons, which the White House denied existed and accused journalists of treason for having disclosed, engage in torture tactics to acquire information. However, these techniques violate "Common Article Three," which is a general article that is in all of the Geneva Conventions. It prohibits, among other things, "outrages upon personal dignity" and "humiliating and degrading treatment." Bush claims that these are vague and undefined terms that the US Congress needs to define; however, the White House is wrong to make this allegation.

While the terms do not have definitions set forth in the Treaties themselves, there are international tribunals which have interpreted these treaties and these interpretations are internationally recognized. This is the same as the interpretation of vague statutes that Congress drafts. Once the courts interpret statutory language, that becomes binding on all acting under the statute. The Treaties have been interpreted and these interpretations are binding on all governments that are signatories to the Treaties, including the United States. Just like individual states are not allowed to pass laws declaring that they are going to interpret a federal statute different than the federal courts have interpreted it, nations are not allowed to pass laws with different definitions than those which have been established by international tribunals. Thus any interpretation by the White House or the Congress which deviates from the international norm of Common Article Three is a violation of the Treaty.

Violating a treaty is significant. Treaties signed by the United States become the law of the land. The only laws in the United States that are given greater weight than a treaty is the United States Constitution itself. No statute can overrule a treaty and violating a treaty is virtually the same as committing a constitutional violation. Thus, the White House and the Congress are committing violations of the magnitude of a constitutional violation by refusing to follow the Geneva Convention and trying to manipulate the language to meet the White House’s nefarious desires regarding it.

Committing constitutional violations rises to the level of high crimes and misdemeanors which justify impeachment.

Market Manipulation

Tough times for BP. There is an investigations into Prudhoe Bay and a recent court decision finding that it manipulated propane prices, a lawsuit is about to go to trial regarding an oil refinery explosion and now it is being investigated for manipulating oil and gas prices. It comes as no surprise that an oil company might manipulate its prices. With oil companies recording record profits and the cost per barrel of oil not being in direct relation with the prices at the pump. As has been previously discussed, prior to Hurricane Katrina, gas prices went up faster than the cost per barrel and then as the prices came down, they did so out of sync with the price of a barrel of oil. All of this likely occurred due to manipulation, and it should have been ferreted out long before this.

Oil companies have finally established the perfect storm. There is a virtual monopoly on all oil production, refining and sales in the United States. The five major companies have reported the highest corporate profits in history, yet people are comfortable that they are playing by the rules, not taking advantage of their market dominance. While they may be playing by the rules, the rules are what they decided they are. The government has gotten out of the way of these companies. The current administration has given the oil companies a blank check; Congress has yelled at the oil companies in hearings telling them to stop price gouging, but they have done nothing more, no winfall tax has been imposed, no regulations regarding the production and pricing have been put into place and no one is doing anything to prevent the environmental disasters that are befalling the areas where there is drilling - worse, there is a push to open up new protected areas for drilling like ANWAR and national parks in Utah and other states have been opened for exploratory drilling.

So long as the oil companies are allowed to decide how they are going to operate and no checks on their authority is imposed, they will of course use their information on the drilling side to manipulate prices to ensure the greatest profits. As long as the companies are allowed to control the drilling and distribution of oil and gas, they will be able to use the information on both sides of the production line to maximize profits to the consumer’s detriment. Rest assured the stock holders are not making enough on their investment to cover their new gas and oil prices. Exxon’s price is up about 55% over the past two years, so the profits are not going to the investors, but rather to the corporate fat cats.

BP is not the only company that is using its inside information to manipulate the oil prices, but it is the only one that is currently being investigated. The question is what will be done when the investigation is completed. Will BP be required to disgorge their profits and will comprehensive reform be put into place, or will the company receive a slap on the wrist and allowed to continue performing business as usual. It is likely that no real consequences will result from this and everyone will continue as usual, the oil companies will continue to record record profits, and the average person will continue to feel the wallet pressures of the inflated prices at the pump that allows the record profits to continue soaring.