The Nazi German Judges Trial of 1947.

Why America needs to put its Justices and Attorneys on trial.

When Roland Freisler, the head of Nazi Germany's main court, heard the wail of sirens, he froze for a split second. Next, he grabbed the fringes of his red robes with one hand and his papers with the other and ran for the cellar - along with everyone else who had been attending the trial of a German resistance fighter that day.

There was a whistle of bombs and smoky red flames. Freisler was hit by a steel splinter and died after being dragged out onto the pavement outside the court on February 3rd 1945.

Seldom has cosmic justice intervened with such perfect timing to restore some measure of balance and order when the human criminal judicial system has failed so miserably to carry out its function.

More than any other Nazi judge, Roland Freisler embodies the politicization and subversion of the the German legal system and its transformation into the tool of a brutal and arbitrary dictatorship.

Unconditional loyalty to the Nazi Dictator, Adolf Hitler, characterized Freisler; his show-trials of political opponents were held in courts that operated outside German constitutional law because the Nazis ran rough shod over existing laws rather than abolish them.

If Freisler had survived to see the end of the second world war, he might have been put on trial in 1947 along with 16 other key German judges and lawyers for their role in allowing the crimes of the Nazi dictatorship.

Among the charges leveled against the Nazi German judges: war crimes through abuse of the judicial and penal process resulting in torture, mass murder and plunder of private property.

The time has come to put the judges on the Supreme Court of the USA  on trial today for their abuse of the judicial and penal process, resulting in torture and other crimes when the overwhelming intent of American law is to ban torture.

The time has come to launch proceedings against Justice Antonin Scalia for his role in helping the Bush -- and now the Obama administration -- to subvert the laws of the land and implement torture and martial law, which will, in effect, shred the constitutional basis of America's political and legal system.

Interestingly, the "Judges Trial" of 1947 found even some of those judges who had not actively promoted Nazi lynch justice guilty, arguing that their decision to continue in office lent credibility to what had become a criminal and terror-based justice system.

Even in Nazi Germany, lawyers were bound to apply the law, and the law of Germany was at odds with the murderous policies of the Nazi dictatorship, forcing Nazi judges and lawyers to find legal maneuvers to justify the Nazi crimes.

Looking at the memos that the justice department drew up for Bush to justify torture, we can see the same artificial, sophistic and spurious arguments.

Can Justice Scalia, for example, really argue that torture is acceptable in cases when it is designed to get information about a possible terrorist attack when the law of the country he is bound to apply says it is not acceptable.

Justice Scalia was not elected to the Supreme Court to give his subjective opinion or to do whatever the President said. He was elected to the Supreme Court to uphold the law of America.

Under US law and under the Geneva Convention to which America is a signatory, torture is a crime.

Judges who aid and abet crimes by heads of state need to be impeached, removed from office or charged with malfeasance and that includes Justice Scalia.

The transformation of America from a nation based on the Constitution and the rule of the law into a dictatorship whose citizens have little legal security left against the arbitrary and brutal violence of state organs would not have been possible without the active help of key members in the Bush judicial system in the past, and without the continuing help and cover given by officials in the Obama administration today.

The transformation of the American judicial system into a tool for terrorizing and oppressing political opponents would not have been possible without the active help of America's Supreme Court and Attorney Generals.

Today, the overwhelming intent of the American judicial and political system is clearly not to uphold the law the law or the Constitution but to force people to do whatever the political powers wish whether through torture or through the rebranding of political groups as "terrorists" liable for criminal punishment.

So far, the US Constitution has put a wrench in the slide of America into a fully fledged dictatorship with arbitrary arrest, martial law and concentration camps.

Because the American Constitution was designed to prevent just such a tyranny, its principles were formulated with magnificent simplicity and plainness.

The Founding Fathers, for all their faults, understood the importance of the rule of law for advancing their vision of a country based on freedom, democracy and respect for the individual.

To get around these crystal clear principles and laws, the Bush and now Obama administration has had to resort to ever more contorted reasoning, hysterical justifications, arbitrary denunciations and accusations and ever more flagrant cover ups.

The media and the law have merged in the US, since both have long ago abandoned their role as a critical watchdog over government excesses.

Facts, evidence, reference to existing laws, the entire the judicial procedure, has become as irrelevant to the day to day running of American courts just as facts and evidence has become an irrelevance to the mainstream media.

What counts are hysterical interpretations handed down by justices or trumpeted by anchormen, who every day reveal that their real allegiance lies with the political powers in Washington and not with the laws of the land or with facts.

It is time for America to hold a Judges Trial on the same legal basis as the trial of 1947. The Justices, Attorneys and lawyers who have contributed to a break down in the law and constitution by replacing it with the primacy of personal opinion and subjective interpretation need to be held to account for the way they have violated the law and helped others in office to violate the law.

The events of September 9/11 need to be subjected to a criminal trial - and not a commission. The (mounting) evidence that the World Trade Center was destroyed on the orders of elements in the highest levels of the US administration and other agents to launch wars for profit needs to be examined, weighed and the people who are found guilty, if any, need to be put in jail.

That not even heads of state cannot claim immunity when it comes to serious war crimes and crimes against humanity is suggested by the ruling of the House of Lords in the case of General Pinochet of Chile.

Why should Bush or Obama be treated any differently?

Furthermore, the state organizations set up on the orders of Bush -- and whose scope is now being expanded by Obama -- in the aftermath of 9/11 need to be examined to see whether they can be classified as organization with criminal intent parallel to other Nazi organisations.

If FEMA and the DHS can be shown to serve overwhelmingly the purpose of shielding a repressive and corrupt regime and of implementing a totalitarian police state and illegal martial law under a fraudulent pretext, then FEMA and DHA and all the members of those organizations should be deemed criminal.

America needs to look back at history and apply the same rigorous legal standards to its own judges and lawyers that were applied to the Nazi German judges and lawyers in 1947 whose abuse of the judicial and penal system made the Nazi crimes against humanity possible.

It is time for the people of America to refuse the continuing politicisation of the law and myth.making, and return, one more, to the facts.

Anyone who has broken the law of the country after the facts of the situation are examined or helped others to break the law of the country must be held to account - even if it is the head of state himself.

Adolf Hitler, if he had not committed suicide, would have been put on a trial too at Nuremberg.

By Jane Bürgermeister

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