Sunday, October 9, 2016

A(nother) self-inflicted wound

Congress voted yesterday to over-ride the President's veto of a bill that allows private citizens to sue in US Federal Court any state and government that they believe might have been involved in sponsoring terrorism.

This is absurdly short sighted, and the fact that 28 of the senators who almost unanimously voted to over-ride the veto signed a letter today saying they didn't like the bill for which they had just voted simply reinforces the perception of the stupidity, incompetence, and unworldliness of our elected representatives.

Mitch McConnell, ludicrously, blamed the President for not getting involved, despite that fact they Obama explicitly warned the Senate in advance that he would veto the bill and set out exactly why - but they took no notice, and voted not once, but twice, on a bill they now say they don't like (or didn't read) despite being warned of its broader implications.

The bill is not one that limits its reach to the Saudi government and to the 911 attack but could be used to sue any government for any alleged involvement with terrorism.

For example, suppose a terrorist enters the US via Canada and kills a US citizen. The relative of the victim might allege that the Canadians knew he was a terrorist when he crossed into the US and sue the Canadian government in US court for supporting terrorism through negligence. In the process, the plaintiffs might demand that Canada make public (or at least available to the court) information that it could not disclose for national security reasons, effectively forcing it to settle the claim rather than fight the allegations; in the business world, that known as greenmail.     

Since this sets a precedent, other countries would be likely to pass similar legislation of their own. Thus, a Nicaraguan national whose relatives had been killed by the Contras might sue the US government in Nicaraguan court for the US' involvement in supplying arms to the rebels.

And to McConnell to say he wasn't warned (Obama made statements on the implications of the law in April) and that he hadn't thought it though when it came to the vote is simply an embarrassment. And yet another shameful black eye for the US Congress.

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