by Glenn Greenwald, The Intercept
Ever since then-army chief Abdel Fattah al-Sisi led a coup against the country’s elected president, Mohamed Morsi, the coup regime has become increasingly repressive, brutal and lawless. Despite that, or perhaps because of it, the Obama administration has become increasingly supportive of the despot in Cairo, plying his regime with massive amounts of money and weapons and praising him (in the words of John Kerry) for “restoring democracy.” Following recent meetings with Sisi by Bill and Hillary Clinton (pictured above), and then Henry Kissinger and Madeleine Albright, Obama himself met with the dictator in late September and “touted the longstanding relationship between the United States and Egypt as a cornerstone of American security policy in the Middle East.”
All of this occurs even as, in the words of a June report from Human Rights Watch, the Sisi era has included the “worst incident of mass unlawful killings in Egypt’s recent history” and “judicial authorities have handed down unprecedented large-scale death sentences and security forces have carried out mass arrests and torture that harken back to the darkest days of former President Hosni Mubarak’s rule.” The New York Times editorialized last month that “Egypt today is in many ways more repressive than it was during the darkest periods of the reign of deposed strongman Hosni Mubarak.”
As heinous as it has been, the Sisi record has worsened considerably in the last week. On Friday, an Egyptian court dismissed all charges against the previous U.S.-supported Egyptian dictator Hosni Mubarak stemming from the murder of 239 democracy protesters in 2011. The ruling also cleared his interior minister and six other aides. It also cleared him and his two sons of corruption charges, while upholding a corruption charge that will almost certainly entail no further prison time. The ruling was based on a mix of conspiracy theories and hyper-technical and highly dubious legal findings.
But while Mubarak and his cronies are immunized for their savage crimes, 188 members of the Muslim Brotherhood, who participated in anti-Sisi protests that led to the deaths of 11 police officers, were handed death sentences today en masse. As the New York Times notes, it was “the third such mass sentencing in less than a year,” and was handed down despite “no effort to prove that any individual defendant personally killed any of the officers; that more than 100 of the defendants were not allowed to have lawyers; and that scores of defense witnesses were excluded from the courtroom.” The judge ordering these mass executions was the same cretinous judicial officer who, over the summer, sentenced three Al Jazeera journalists to seven to ten years in prison.
The implications are obvious. Reuters today reports that the Mubarak acquittal is widely seen as the final proof of the full return of the Mubarak era, as the crushing of the 2011 revolution. Political Science Professor As’ad AbuKhalil argues, convincingly, that re-imposing dictatorial rule in Egypt to mercilessly crush the Muslim Brotherhood is what the U.S., Israel and the Saudi-led Gulf monarchs have craved since the unrest in 2011. With the Gulf monarch’s rift with Brotherhood-supporting Qatar now resolved, all relevant powers are united behind full restoration of the tyranny that controlled Egypt for decades.
Beyond the political meaning, the two starkly different judicial rulings demonstrate that judicial independence in Egypt is a farce, that courts are blatantly used for political ends to serve the interests of the regime, harshly punishing its political opponents and protecting its allies:
Rights advocates argued that the juxtaposition — hyper-scrupulousness in the case of the former president, a rush to the gallows for the Islamist defendants — captured the systematic bias of the Egyptian courts.
“It is just one more piece of evidence that the judiciary is just a political tool the government uses to prosecute its enemies and free the people it wants to be freed,” said Sarah Leah Whitson, the Middle East and North Africa director of the nonprofit group Human Rights Watch.
In one sense, it would be nice for the U.S. Government to condemn all of this, and even better if they cut off support for the regime as punishment. But in another, more meaningful sense, such denunciation would be ludicrous, given what enthusiastic practitioners U.S. officials are of similar methods.
Fully protecting high-level lawbreakers – even including torturers and war criminals – is an Obama specialty, a vital aspect of his legacy. A two-tiered justice system – where the most powerful financial and political criminals are fully shielded while ordinary crimes are punished with repugnant harshness – is the very definition of the American judicial process, which imprisons more of its ordinary citizens than any other country in the world, even as it fully immunizes its most powerful actors for far more egregious crimes.
Indeed, in justifying his refusal to condemn the dropping of charges against Mubarak, Sisi seemed to take a page from Obama’s own rhetorical playbook. Egypt must “look to the future” and “cannot ever go back,” he said when cynically invoking judicial independence as his reason for not condemning the pro-Mubarak ruling. The parallels to Obama’s own justifications for not prosecuting U.S. torturers and other war criminals – “we need to look forward as opposed to looking backwards” – are self-evident.
It may be true that U.S. courts don’t simultaneously sentence hundreds of political protesters to die en masse, but the U.S. government is in no position to lecture anyone on the indiscriminate and criminal use of violence for political ends. As of today, Obama officials can officially celebrate the War on Terror’s 500th targeted killing far from any battlefield (450 of which occurred under Obama), strikes which have killed an estimated 3,674 people. As CFR’s Micah Zenko put it, “it is easy to forget that this tactic, envisioned to be rare and used exclusively for senior al-Qaeda leaders thirteen years ago, has become a completely accepted and routine foreign policy activity.”
Condemnation of Egyptian tyranny has always been an uncomfortable matter for U.S. officials given how they long used Mubarak’s favorite torturers to extract information from detainees in their custody. Indeed, once Mubarak’s downfall became inevitable, the Obama administration worked to ensure that his replacement would be the CIA’s long-time torturing and rendition partner, close Mubarak ally Omar Suleiman. And, just by the way, the U.S. also imprisoned an Al Jazeera journalist – in Guantanamo – for seven years until casually letting him go as though nothing had happened.
It seemed like just yesterday that American media outlets were pretending to be on the side of the Tahrir Square demonstrates, all while suppressing the unpleasant fact that the dictator against which they were marching was one of the U.S. government’s longest and closest allies, a murderous tyrant about whom Hillary Clinton said: “I really consider President and Mrs. Mubarak to be friends of my family.” It’s an extraordinary feat of propaganda that all of that has been washed away – again – and the U.S. is right back to acting as stalwart ally to a repressive and incredibly violent dictator sitting in Cairo doing its bidding.