By Richard Falk

Assuming that the current prospects for presidential candidates hold firm, and Hilary Clinton is nominated by the Democrats and Jeb Bush, Rick Rubio, or Scott Walker win the Republican nomination, what should a conscientious citizen do when it comes to voting in November 2016? Of course, step one is to rule out support for the Republican candidates due to their regressive views on a range of social and economic issues, and their militarist bluster on foreign and defense policy. Step two is more difficult. Clinton is clearly preferable if the domestic agenda is taken into account, and probably no worse than the Republicans when it comes to foreign policy, but also not noticeably better, and in some ways more objectionable.

For instance, she begins her recent letter to the billionaire arch Zionist mega-donor and longtime Clinton family supporter, Haim Saban, on July 7, 2015 this way: “I am writing to express my alarm over the boycott, divestment, and sanction movement, ‘BDS,’ a global effort to isolate the State of Israel by ending commercial and academic exchanges.” She seeks Saban’s guidance in pursuit of this nefarious goal with this deferential language: “Now I am seeking your thoughts and recommendations on how leaders and communities across America can work together to counter BDS.”

I am sure it didn’t escape the gurus of the Clinton campaign that Saban had joined with the casino mogul, Sheldon Adelson not long ago to headline a donors gathering at which each participant was expected to pledge $1 million to fight BDS. Although Adelson identifies as Republican and Saban as Democrat, both fervently embrace the Netanyahu brand of Israeli leadership. Saban has been quoted on Iran in language that manages to outdo Bibi, “I would bomb the daylight out of those sons of bitches.”

Clinton has a variety of other scary credentials, including voting in support of the Iraq War of 2003, and to this day remains unwilling to admit that the war was at the very least a tragic mistake, and more accurately, a costly international crime. She not only argued for intervention in Libya in 2011, but made a chilling comment on CBS News after learning of the grisly vigilante execution of Muammar Qaddafi: “We came, we saw, he died.” Further, among the emails that Clinton has long withheld from the public are several that substantiate the charges that France from the outset both intended to overthrow the Qaddafi regime, and expected to reap economic benefits by way of the spoils of war, especially with respect to Libya’s oil wealth. It is not that Clinton actually conspired with such plans while serving as Secretary of State, but she did knowingly lead the effort to support the French-led NATO intervention in 2011, claiming that its limited goal was the protection of Libyan civilians in Benghazi, when she was well aware that the real purpose of the UN-mandated intervention was regime-change in Tripoli.

Here is my dilemma. In view of such considerations, does one vote for Hilary Clinton with eyes wide open because she is likely to be better for ordinary Americans on a range of crucial issues, including some effort to challenge the obscene scandal of growing inequalities and sustained slippage in the real income and labor rights of workers and the accumulated hardships on much of the middle class? Or does one say there are certain candidates whose views are so abhorrent as to be unsupportable without weighing their suitability against alternatives? Many remember the acrimonious debates along the same lines concerning the 2000 campaign pitting Bush against Gore, and allegedly lost by Gore in Florida because Ralph Nader, running as a third party candidate, received over 90,000 votes, arguably more than enough to swing the state to Gore’s side of the ledger, and thus enough electoral votes to win the presidency. Most Democrats angrily dismissed Nader as a spoiler and harshly criticized supporters for indulging in irresponsible political behavior. As someone who voted for Nader in 2000, while coming to detest the Bush presidency, I continue to believe that primary duty of citizens in a democratic society is to be on most occasions responsive to their conscience rather than to attempt pragmatic calculations often glamorized as ‘the best being the enemy of the good.’ In the case more accurately phrases as ‘the worst being the enemy of the bad.’ I do admit that I didn’t realize in 2000 that Bush would turn out as badly as he did, and if I had, I might have wavered.

Looking ahead to 2016 the issue of choice can be at this stage put as follows: vote for Hilary Clinton as ‘the lesser of evils’ or vote for Jill Stein of the Green Party as the most attractive presidential candidate, but someone with no chance to do more than enliven the debate and give alienated voters like myself a positive option that feels better than not voting. Remember that there were those establishment liberals who in the tense days after the 9/11 attacks were ready to rationalize torture as the lesser of evils. It was alleged lesser as compared to the need for information that would lead to dangerous terrorist suspects, but where it actually led was to Abu Ghraib and Guantanamo, and a nationally humiliating orgy of torture with very little security payoff. The Kathryn Bigelow film on the search for and execution of Osama Bin Laden, “Zero Dark Thirty,” also gave a bright green light to the torture policies of the Bush presidency, fed to the public by the grotesque evasion embedded in the words ‘enhanced interrogation.’

The alternative logic may be described as respect for ‘red lines.’ I happen to believe that the BDS campaign is a desirable and an essential step in the redesign of a peace process that might produce a just and sustainable peace for Palestinians and Israelis after more than 67 years of agonizing failure, including the recent frustrations associated with the Oslo diplomacy initiated by the handshake in 1993 between Yitzhak Rabin and Yasir Arafat, with a beaming Bill Clinton standing in between. For me, Hilary Clinton crossed my red line with her craven letter to Haim Saban, making it impossible for me to vote for her by invoking the alternative logic of the lesser of evil. But maybe, although unlikely, by the time November 2016 comes around, I might reconsider.

I realize that if one of those awful Republicans is elected president by a close vote that is skewed by Green Party votes, I will be bitterly criticized by liberal friends. I admit that it is a tricky issue on principled grounds. Livelihoods and wellbeing will almost certainly be adversely affected by a Republican victory, whereas the differences in foreign policy between the two candidates are murky at best, and on Israel/Palestine there is no up side regardless of which party prevails. At the same time, the American plutocracy has become a bipartisan enterprise, calling for resistance as an ethical and political imperative, acknowledging the validity of Chris Hedges’ powerfully reasoned insistence that the country is experiencing pre-revolutionary tremors.

At this stage of the electoral process, my overall sense is that the lesser of evils is still evil, and that morally significant red lines are important for citizens to draw and respect. Until further notice, then, I have decided not to cast my vote for Hilary Clinton.

– Richard Falk is Albert G Milbank Professor Emeritus of International Law at Princeton University and Research Fellow, Orfalea Center of Global Studies. He is also the United Nations Special Rapporteur on Palestinian human rights. Visit his blog.