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Obama Gives Bush “Absolute Immunity” For Everything August 27, 2013

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.
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by Abby Zimet

Days before Bradley – now Chelsea – Manning was sentenced to 35 years in prison for helping expose U.S. war crimes in Iraq, the Obama Department of Justice filed a petition in federal court arguing that the perpetrators of those crimes - Bush, Cheney, Rumsfeld et al – enjoy “absolute immunity” against criminal charges or civil liability. The filing came in a suit brought by Sundus Shaker Saleh, an Iraqi single mother and refugee now living in Jordan, who alleges that the planning and waging of the Iraq war under false pretenses constituted a “crime of aggression” under a law used in the Nuremberg trials. With neither Congress nor Obama willing to hold Bush & Co. accountable for the Iraq catastrophe, supporters see the suit as a last-chance tactic to force the issue back into the public eye – an effort the Obama adminstration clearly opposes. More, all dispiriting, on the increasingly flawed Bush-Obama-lesser-of-two-evils thesis, and the current culture of impunity.

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Tell Congress: Repeal the blank check for perpetual war June 4, 2013

Posted by rogerhollander in 9/11, George W. Bush, War on Terror.
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The email below is from Congresswoman Barbara Lee, a fearless progressive with an unparallelled record of doing what is right under the toughest of circumstances. She was the ONLY member of Congress to vote against giving George W. Bush a blank check for war in the wake of 9/11. She started a petition on org.credoaction.com, where activists can launch their own campaigns for progressive change. We strongly urge you to sign Representative Lee’s petition to repeal the overly broad resolution Congress passed in 2001 that gave President George Bush a blank check to wage war anywhere at any time, and that is still in effect today
Dear roger,

I started my own campaign on CREDO’s new site that allows activists to start their own petitions.

My petition, which is to Congress, asks the following:

Support HR 198 – Repeal of the Authorization for Use of Military Force – legislation that will reexamine and ultimately repeal the flawed blank check authorization to the president to wage war, anywhere at any time.

Now is the time for the U.S. Congress to repeal the overly broad 2001 Authorization for Use of Military Force.

On September 14, 2001, I was the sole member of either house of Congress to vote against the 2001 Authorization for Use of Military Force. That misguided resolution is a blank check for war. It has been used to justify activities, such as warrantless surveillance, indefinite detention and the lethal use of drones, that fly in the face of our constitutional values. I am convinced that military engagement with no end in sight actually undermines our long-term national security.

This is not who we Americans think we are or who we want to be. This is why I have introduced legislation – HR 198 – that will reexamine and ultimately repeal the flawed blank-check Congressional authorization for the president to wage war anywhere at any time.

My bill already has more than a dozen congressional co-sponsors. But a public show of support for this effort is critical now as Congress is getting ready to consider whether to continue the blank check for the executive branch to wage endless war. That’s why I’m asking you to sign on as a citizen co-sponsor.

Click here to learn more and add your name to my petition to Congress, to ask them to repeal the blank-check authorization of war by supporting HR 198.

Thank you for your support.

Rep. Barbara Lee

http://act.credoaction.com/go/782?t=6&akid=8062.1644223.Rya1yR

Picture of the Week April 28, 2013

Posted by rogerhollander in George W. Bush, Iraq and Afghanistan, War.
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by Abby Zimet

With all the boot-licking coverage of last week’s rewriting of history, this photo was nowhere in sight. Yes, it’s real: Melissa Stockwell, the first female U.S. soldier to lose a limb in Iraq, reading the Pledge of Allegiance. By Alex Wong for Getty. Worth many thousands of words.

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The Last Letter March 20, 2013

Posted by rogerhollander in Dick Cheney, George W. Bush, Imperialism, Iraq and Afghanistan, War.
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Roger’s note: I want you to picture Bush and Cheney reading this letter.  Notice the arrogance, the smugness, the disgusting grins as they dismiss these heartfelt letter with less concern than they would flicking an annoying fly of the table.  They are impervious to moral criticism,  they act with virtually complete impunity.  It is frustrating, it is infuriating that so much power is in the hands of such reduced human beings.  It is our present reality.  They coined the phrase “axis of evil.”  Ironic. 

“How many times can a man turn his head and pretend that he just doesn’t see?”  Bob Dylan

 

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A Message to George W. Bush and Dick Cheney From a Dying Veteran

To: George W. Bush and Dick Cheney
From: Tomas Young

I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.

I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.

You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.

I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.

Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.

I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.

To read Chris Hedges’ recent interview with Tomas Young, click here.

I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.

I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.

My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness.

 

Dig Continued: Vietnam veteran and peace activist Ron Kovic on what it’s like to be wounded in war.

Confronting the lies about the Iraq invasion March 18, 2013

Posted by rogerhollander in Dick Cheney, George W. Bush, Iraq and Afghanistan, Media, War.
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Please circulate this message widely among your friends and family.

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Statement by Brian Becker, national coordinator of the ANSWER Coalition, on the 10th anniversary of the invasion of Iraq

Confronting the lies about the Iraq invasion

Ten years ago, the United States and Britain invaded Iraq. The history of how this invasion came about has been largely falsified by both the right-wing supporters of the invasion and the liberal commentators who opposed the war.

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500,000 rally against looming war on Jan 18, 2003

 

The core argument of the professional liberal commentators and historians is that Bush hoodwinked the country and the general public, with the help of a supplicant media, by scaring people into thinking that Saddam Hussein had weapons of mass destruction and the Bush administration had to invade to defend America and its people.

The fallacious handwringing liberal position was typified in the recent 10th-anniversary account of the war by Micah Sifry, published by the National Memo.

“But 10 years ago, it was not a good time to be a war skeptic in America. It rarely is. The vast majority of ‘smart’ and ‘serious’ people had convinced themselves that in the face of Saddam Hussein’s alleged stockpiling of weapons of mass destruction, the prudent thing to do was to go to war to remove him from power,” writes Sifry.

This is a fanciful and false account.

The “country” was not hoodwinked. There was no general feeling that the U.S. must strike first or be engulfed by Saddam Hussein’s military.

The opposite was true. The people of this country—and the world—mobilized in unprecedented numbers prior to a military conflict under the banner: “Stop the War Before it Starts.”

An unprecedented, massive anti-war movement

In the months prior to the invasion, I was the central organizer of the mass anti-war actions in Washington, D.C., that brought many hundreds of thousands of people into the streets of the capital in repeated demonstrations—on Oct. 26, 2002; Jan. 18, 2003; and March 15, 2003.

The Jan. 18, 2003, demonstration filled up a vast expanse of the Mall west of the Capitol building, which houses the U.S. Senate and House of Representatives. The Washington Post described the Jan. 18 demonstration as the largest anti-war protest since the end of the Vietnam War.

In addition to the Washington demonstrations, there were mass anti-war protests in cities throughout the United States, on both the east and west coasts and nearly everywhere in between.

Thousands of organizations and millions of individuals were participants and organizers in this grassroots global movement.

On Feb. 15, 2003, there were coinciding demonstrations in more than 1,000 cities in almost every country—including many hundreds of cities and towns in the United States.

The rise of a global anti-war movement of such magnitude—before the actual start of military hostilities—was without precedent in human history. Mass anti-war movements and even revolutions have occurred inside one or more of the warring countries at the time of their defeat or perceived defeat, but the Iraq anti-war movement of 2002-2003 was in anticipation of a war and before the gruesome impact of the slaughter could be seen and felt.

The depth of the movement was breathtaking for the organizers and the participants. Millions went into the streets over and over and over again. They knew that they were in a race against time. Bush, Cheney and Rumsfeld were likewise racing to go to war, not because Iraq was getting stronger or closer to having weapons of mass destruction but because this global grassroots anti-war movement had the potential to shake the political status quo to its very foundations

In February 2003, The New York Times described the global anti-war movement as the world’s “second super-power.”

Why the race toward war

It was under these circumstances that the “mass media” went into overdrive to promote the war. Anti-war voices on television were booted off the air. The airwaves were filled up with the obviously bogus imagery that Iraq in league with unspecified “Muslim terrorists” was about to engulf the United States in a nuclear mushroom cloud. The message was that war was inevitable and that protests were futile.

Bush rushed hundreds of thousands of troops to Kuwait in a race to launch the invasion that they knew was likely to destroy the Iraqi military in a few weeks.

The Democratic Party leaders in Congress had already acquiesced to Bush and Cheney’s war demands. Even though the calls and letters to Congress against the war were running 200 to 1, both the Senate and the House of Representatives, by lopsided margins, passed resolutions on Oct. 11, 2002, authorizing Bush to use the armed forces of the United States against Iraq.

The Iraq invasion was a criminal enterprise. Millions of Iraqis died, more than five million were forced into the miserable life of refugees, thousands of U.S. troops were killed and tens of thousands of others suffered life-changing physical and mental injuries.

Today, Bush and Cheney are writing books and collecting huge speaking fees. They are shielded from prosecution by the current Democratic-led government.

The war in Iraq was not simply a “mistake” nor was it the consequence of a hoodwinked public. It was rather a symptom of the primary reality of the modern-day political system in the U.S. This system is addicted to war. It relies on organized violence, or the threat of violence, to maintain the dominant position of the United States all over the world. The U.S. has invaded or bombed one country after another since the end of the so-called Cold War. It has military bases in 130 countries and spends more on lethal violence than all other countries combined. Yes, in the United States the adult population is encouraged to vote every two or four years for one of two ruling-class parties that enforce the global projection of U.S. empire with equal vigor when they take turns at the helm. And this is labeled the exercise of “democracy” and proof that the United States is indeed the land of the free.

The invasion of Iraq succeeded in creating mass human suffering and death. What Bush, Cheney and Rumsfeld failed to anticipate was that the Iraqi people, like all people everywhere, would never willingly accept life under occupation. It was the unanticipated resistance of the Iraqi people that eventually forced the withdrawal of the occupation forces nine long years later.

Brian Becker was the lead organizer of the largest anti-war demonstrations in Washington, D.C., between Oct. 26, 2002, and the start of the Iraq invasion on March 19, 2003. The October demonstration drew 200,000 people. Less than two months later, on Jan. 18, 2003, approximately 500,000 demonstrated again in what the Washington Post called the “largest anti-war demonstration” in Washington, D.C., since the end of the Vietnam War. On Feb. 15, 2003, millions of people demonstrated in nearly 1,000 cities around the world, including several hundred cities and towns in the United States. On March 15, just four days before the start of the invasion, 100,000 demonstrated once gain in Washington, D.C.

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‘Time for a Reckoning': UN Investigator says US/UK Must Account for Torture, Human Rights Violation March 5, 2013

Posted by rogerhollander in Barack Obama, Dick Cheney, George W. Bush, Human Rights, Torture, Uncategorized, War on Terror.
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Roger’s note: “Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.”  The mind boggles at this statement, which was the classic Nazi defense  (not to mention the classic “Nixon Defense:” if the president does it, it is legal).  It is as if Nuremberg never happened.  
Published on Tuesday, March 5, 2013 by Common Dreams

‘Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow,’ says Ben Emmerson’

- Jon Queally, staff writer

If the US and UK governments truly want to rebuke the role that kidnapping, torture and prolonged detention without trial played—and in some cases continues to play—in their declared “war against terrorism” than they must go beyond words and release the still disclosed internal reports that document such abuses.

Ben Emmerson: failure to release intelligence reports shows seeming unwillingness by UK and US to face up to international crimes. Photograph: Sarah Lee for the Guardian

That’s the argument of Ben Emmerson, the UN special rapporteur on the promotion and protection of human rights while countering terrorism, who spoke out on Monday against the secrecy and denial that persists within both governments.

Perpetrators and architects of such programs should be held accountable and face justice, he declared in both an official report and in a speech delivered Monday.

“Despite this clear repudiation of the unlawful actions carried out by the Bush-era CIA, many of the facts remain classified, and no public official has so far been brought to justice in the United States,” Emmerson writes in the report written for the the U.N. Human Rights Council, which he will present Tuesday.

Prefacing the report in Geneva on Monday, Emmerson criticized “a policy of de facto immunity for public officials who engaged in acts of torture, rendition and secret detention, and their superiors and political masters who authorized these acts.”

Citing the hypocrisy of such secrecy and the damage done to the reputation of both countries abroad, Emmerson continued:

“Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow to many in those parts of the Middle East and North Africa that have undergone, or are undergoing, major upheaval, since they have first-hand experience of living under repressive regimes that used torture in private whilst making similar statements in public.”

“The scepticism of these communities can only be reinforced if western governments continue to demonstrate resolute indifference to the crimes committed by their predecessor administrations.”

Shortly before the speech in Geneva, Emmerson told the Guardian it was time for “a reckoning with the past”. He added:

“In South America it took up to 30 years before the officials responsible for crimes like these were held fully accountable. With the conspiracy organised by ther Bush-era CIA it has taken a decade, but the campaign for securing the right to truth has now reached a critical point.

“The British and American governments are sitting on reports that reveal the extent of the involvement of former governments in these crimes. If William Hague is serious about pursuing a policy of ethical counter-terrorism, as he says he is, then the first thing the British government needs to do is to release the interim report of the Gibson Inquiry immediately.”

And Reuters adds:

Emmerson, an international lawyer from Britain, has served since August 2011 in the independent post set up by the U.N. Human Rights Council in 2005 to probe human rights violations committed during counter-terrorism operations worldwide.

The “war on terror” waged by Bush after al Qaeda attacks on the United States on September 11, 2001 led to “gross or systematic” violations involving secret prisons for Islamic militant suspects, clandestine transfers and torture, Emmerson said.

Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.

But Emmerson said that using a “superior orders defense” and invoking secrecy on national security grounds was “perpetuating impunity for the public officials implicated in these crimes”.

Brennan and Kiriakou, Drones and Torture February 6, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, George W. Bush, Human Rights, Torture, War on Terror.
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Posted on Feb 6, 2013, http://www.truthdig.com

By Amy Goodman

John Brennan and John Kiriakou worked together years ago, but their careers have dramatically diverged. Brennan is now on track to head the CIA, while Kiriakou is headed off to prison. Each of their fates is tied to the so-called war on terror, which under President George W. Bush provoked worldwide condemnation. President Barack Obama rebranded the war on terror innocuously as “overseas contingency operations,” but, rather than retrench from the odious practices of his predecessor, Obama instead escalated. His promotion of Brennan, and his prosecution of Kiriakou, demonstrate how the recent excesses of U.S. presidential power are not transient aberrations, but the creation of a frightening new normal, where drone strikes, warrantless surveillance, assassination and indefinite detention are conducted with arrogance and impunity, shielded by secrecy and beyond the reach of law.

John Kiriakou spent 14 years at the CIA as an analyst and a case officer. In 2002, he led the team that found Abu Zubaydah, alleged to be a high-ranking member of al-Qaida. Kiriakou was the first to publicly confirm the use of waterboarding by the CIA, in a 2007 interview with ABC’s Brian Ross. He told Ross: “At the time, I felt that waterboarding was something that we needed to do. … I think I’ve changed my mind, and I think that waterboarding is probably something that we shouldn’t be in the business of doing.” Kiriakou says he found the “enhanced interrogation techniques” immoral, and declined to be trained to use them.

Since the interview, it has become known that Zubaydah was waterboarded at least 83 times, and that he provided no useful information as a result. He remains imprisoned at Guantanamo Bay, without charge. Kiriakou will soon start serving his 30-month prison sentence, but not for disclosing anything about waterboarding. He pled guilty to disclosing the name of a former CIA interrogator to a journalist, with information that the interrogator himself had posted to a publicly available website.

Meanwhile, John Brennan, longtime counterterrorism advisor to Obama, is expected to receive Senate confirmation as the new director of central intelligence. I recently asked Kiriakou what he thought of Brennan:

“I’ve known John Brennan since 1990. I worked directly for John Brennan twice. I think that he is a terrible choice to lead the CIA. I think that it’s time for the CIA to move beyond the ugliness of the post-September 11th regime, and we need someone who is going to respect the Constitution and to not be bogged down by a legacy of torture. I think that President Obama’s appointment of John Brennan sends the wrong message to all Americans.”

Obama has once already considered Brennan for the top CIA job, back in 2008. Brennan withdrew his nomination then under a hail of criticism for supporting the Bush-era torture policies in his various top-level intelligence positions, including head of the National Counterterrorism Center.

What a difference four years makes. With the killing of Osama bin Laden notched in his belt, Obama seems immune from counterterror criticism. John Brennan is said to manage the notorious “kill list” of people that Obama believes he has the right to kill anytime, anywhere on the planet, as part of his “overseas contingency operations.” This includes the killing of U.S. citizens, without any charge, trial or due process whatsoever. Drone strikes are one way these assassinations are carried out. U.S. citizen Anwar al-Awlaki was killed in Yemen by a drone strike, then, two weeks later, his 16-year-old son, Abdulrahman al-Awlaki, was killed the same way.

I asked Col. Lawrence Wilkerson, who served as chief of staff to Secretary of State Colin Powell from 2002 to 2005, what he thought of Brennan. He told me: “What’s happening with drone strikes around the world right now is, in my opinion, as bad a development as many of the things we now condemn so readily, with 20/20 hindsight, in the George W. Bush administration. We are creating more enemies than we’re killing. We are doing things that violate international law. We are even killing American citizens without due process and have an attorney general who has said that due process does not necessarily include the legal process. Those are really scary words.”

While Kiriakou goes to prison for revealing a name, the U.K.-based Bureau of Investigative Journalism is launching a project called “Naming the Dead,” hoping “to identify as many as possible of those killed in U.S. covert drone strikes in Pakistan, whether civilian or militant.” The BIJ reports a “minimum 2,629 people who appear to have so far died in CIA drone strikes in Pakistan.” John Brennan should be asked about each of them.

Denis Moynihan contributed research to this column.

Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on more than 1,000 stations in North America. She is the co-author of “The Silenced Majority,” a New York Times best-seller.

Extraordinary Rendition Report Finds More Than 50 Nations Involved In Global Torture Scheme February 5, 2013

Posted by rogerhollander in Barack Obama, Criminal Justice, George W. Bush, Human Rights, Torture.
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Roger’s note: the following article on the Bush/Obama torture regime uses the words “mistake” and “blunder” to describe the infamous barbarism.  Next time you are about to get a traffic ticket or are charged with robbing a bank, tell the judge it was just a mistake or a blunder, and you are certain to be excused.  After all, if government officials can “mistakenly” violate constitutional and international law, you certainly should be able to do the same for “minor” offenses.

 

Joshua Hersh

joshua.hersh@huffingtonpost.com

Posted: 02/04/2013 11:14 pm EST  |  Updated: 02/05/2013 9:26 am EST

 

Extraordinary Rendition

More than 50 nations played a role in the extraordinary rendition of terrorism suspects in the years after 9/11, a new report has found. The program, started under President George W. Bush, involved shipping suspects off to foreign prisons and CIA “black sites,” where they often faced torture. (Photo: Saul Loeb/AFP/Getty Images/File)

WASHINGTON — The U.S. counterterrorism practice known as extraordinary rendition, in which suspects were quietly moved to secret prisons abroad and often tortured, involved the participation of more than 50 nations, according to a new report to be released Tuesday by the Open Society Foundations.

The OSF report, which offers the first wholesale public accounting of the top-secret program, puts the number of governments that either hosted CIA “black sites,” interrogated or tortured prisoners sent by the U.S., or otherwise collaborated in the program at 54. The report also identifies by name 136 prisoners who were at some point subjected to extraordinary rendition.

The number of nations and the names of those detained provide a stark tally of a program that was expanded widely — critics say recklessly — by the George W. Bush administration after the Sept. 11, 2001, attacks and has been heavily condemned in the years since. In December, Sen. Dianne Feinstein (D-Calif.), chairwoman of the Senate Select Intelligence Committee, condemned the CIA’s detention and interrogation efforts as “terrible mistakes.”

Although Bush administration officials said they never intentionally sent terrorism suspects abroad in order to be tortured, the countries where the prisoners seemed to end up — Egypt, Libya and Syria, among others — were known to utilize coercive interrogation techniques.

Extraordinary rendition was also a factor in one of the greatest intelligence blunders of the Bush years. Ibn al-Shaykh al-Libi, a Libyan national and top al Qaeda operative who was detained in Pakistan in late 2001, was later sent by the U.S. to Egypt. There, under the threat of torture, he alleged that Saddam Hussein had trained al Qaeda in biological and chemical warfare. He later withdrew the claim, but not before the U.S. invaded Iraq in part based on his faulty testimony.

When he came into office, President Barack Obama pledged to end the U.S. government’s use of torture and issued an executive order closing the CIA’s secret prisons around the world.

But Obama did not fully end the practice of rendition, which permits the U.S. to circumvent any due process obligations for terrorism suspects. Instead, the administration said it was relying on the less certain “diplomatic assurances” of host countries that they would not torture suspects sent to them for pretrial detention.

This decision, the OSF report concludes, was tantamount to continuing the program, since in the absence of any public accounting, it was impossible to measure the accuracy of those “assurances.”

Without any public government records to read, Amrit Singh, the OSF’s top legal analyst for national security and counterterrorism and the new report’s author, turned to news reports, the investigations of a global network of human rights organizations, and the proceedings of a handful of foreign courts that have investigated their own countries’ practices.

What Singh saw was a hasty global effort, spearheaded by the United States in the months after 9/11, to bypass longstanding legal structures in order to confront the emerging threat of international terrorism.

Singh condemned the consequences of that effort in the report’s introduction. “By enlisting the participation of dozens of foreign governments in these violations, the United States further undermined longstanding human rights protections enshrined in international law — including, in particular, the norm against torture,” she wrote.

“Responsibility for this damage does not lie solely with the United States,” Singh added, “but also with the numerous foreign governments without whose participation secret detention and extraordinary rendition operations could not have been carried out.”

The list of those nations includes a range of American allies (Canada, the United Kingdom, Germany) and familiar Middle Eastern partners in the messy fight against radical Islam (Jordan, Yemen, the United Arab Emirates). Their alleged levels of participation vary widely, from countries like Poland, which agreed to host CIA black-site prisons, to nations like Portugal and Finland, which merely allowed their airspace and airports to be used for rendition flights.

A few of the nations involved, such as Australia and Sweden, have begun a process of public accounting and compensation for their roles in the process. Others, including Italy and Macedonia, have recently become embroiled in trials of local officials and CIA agents in absentia over their actions.

 

Accountability for Bush’s Torture November 30, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Dick Cheney, George W. Bush, Human Rights, Torture.
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Roger’s note: the United States government has a long history of disgraceful behavior, and the Bush/Cheney torture regime is one of the most heinous.  We need to be constantly reminded, and we need to acknowledge that the Obama government’s disregard of its constitutional obligation to prosecute constitutes legal and moral complicity.

By (about the author)
OpEdNews Op Eds 11/29/2012 at 20:45:34

opednews.com

In June 2004, in the wake of the Abu Ghraib scandal,    a notorious memo from August 2002 was leaked . It was written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel and it claimed to redefine torture and to authorize its use on prisoners seized in the “war on terror.” I had no idea at the time that its influence would prove to be so long-lasting.
Ten years and four months since it was first issued, that memo — one of two issued on the same day that will forever be known as the “torture memos” — is still protecting the senior Bush administration officials who commissioned it (as well as Yoo and his boss, Jay S. Bybee, who signed it).

Those officials include George W. Bush, former Vice President Dick Cheney, and their senior lawyers, Alberto Gonzales and David Addington. None of them should be immune from prosecution, because torture is illegal under U.S. domestic law and is prohibited under the terms of the UN Convention Against Torture, which the United States, under Ronald Reagan, signed in 1988 and ratified in 1994. As Article 2.2 states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

However, the architects of the torture program didn’t care, and still don’t care, because for them the disgraceful memos written by Yoo were designed to be a “golden shield,” a guarantee that, whatever they did, they were covered, because they had legal advice telling them that torture was not torture.

Barack Obama came into office promising to ban the use of torture. His administration released the second Yoo and Bybee “torture memo” and three later “torture memos” from 2005 as part of a court case in April 2009. That, however, was the end of the Obama administration’s flirtation with accountability. In court, every avenue that lawyers have tried to open up has been aggressively shut down by the government, citing the “state secrets doctrine,” another “golden shield” for torturers, which prohibits the discussion of anything the government doesn’t want discussed, for spurious reasons of national security.

The only other opportunity to stop the rot came three years ago, when an internal DoJ ethics investigation concluded, after several years of diligent work, that Yoo and Bybee were guilty of “professional misconduct” when they wrote and signed the memos. That could have led to their being disbarred, which would have been inconvenient for a law professor at UC Berkeley (Yoo) and a judge in the Ninth Circuit Court of Appeals (Bybee). It also might well have set off ripples that would have led to Bush and Cheney and their lawyers.

However, at the last minute a long-time DoJ fixer, David Margolis, was allowed to override the report’s conclusions, claiming that both men were guilty only of “poor judgment,” which, he alleged, was understandable in the aftermath of the 9/11 attacks, and which carried no sanctions whatsoever.

Thwarted in the United States, those seeking accountability have had to seek it elsewhere: in Spain; in Poland, where one of the CIA’s “black sites” was located; and in Italy, where 23 Americans — 22 CIA agents and an Air Force colonel — were convicted in November 2009, in a ruling that was upheld on appeal in September this year, of kidnapping an Egyptian cleric, Abu Omar, and rendering him to Egypt, where he was tortured.

The United States has refused to extradite any of the men and women convicted in Italy, but the ruling is a reminder that not everyone around the world believes in Yoo’s and Bybee’s “golden shield.”

Moreover, although senior Bush administration officials — Bush and Cheney themselves and Donald Rumsfeld — have so far evaded accountability, their ability to travel the world freely has been hampered by their actions. In February 2011, for example, Bush called off a visit to Switzerland when he was notified that lawyers — at the New York-based Center for Constitutional Rights (CCR) and the Berlin-based European Center for Constitutional and Human Rights — had prepared a massive torture indictment that was to be presented to the Swiss government the moment he landed in the country.

The former president was told that foreign countries might take their responsibilities under the UN Convention Against Torture more seriously than America has and arrest him on the basis that his home country had failed to act on the clear evidence that he had authorized torture, which he had actually boasted about in his memoir, Decision Points, published in November 2010.

Most recently, lawyers seeking accountability have tried pursuing Bush in Canada. Last September, prior to a visit by the former president, CCR and the Canadian Centre for International Justice (CCIJ) submitted a 69-page draft indictment to Attorney General Robert Nicholson, along with more than 4,000 pages of supporting material setting forth the case against Bush for torture.

When that was turned down, the lawyers launched a private prosecution in Provincial Court in Surrey, British Columbia, on behalf of four Guantanamo prisoners — Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani, and Murat Kurnaz (all released, with the exception of bin Attash) — on the day of Bush’s arrival in Canada.

That avenue also led nowhere because the attorney general of British Columbia swiftly intervened to shut down the prosecution. Undeterred, however, CCR and CCIJ last week tried a new approach on behalf of those four men who, as Katherine Gallagher of CCR explained in the Guardian, “are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites’ around the world.”

“Between them,” she added, “they have been beaten; hung from walls or ceilings; deprived of sleep, food, and water; and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody.”

The new approach taken by the lawyers was to file a complaint with the UN Committee Against Torture, in which the four men “are asking one question: how can the man responsible for ordering these heinous crimes openly enter a country that has pledged to prosecute all torturers regardless of their position and not face legal action?”

As Gallagher explained, “Canada should have investigated these crimes. The responsibility to do so is embedded in its domestic criminal code that explicitly authorizes the government to prosecute torture occurring outside Canadian borders. There is no reason it cannot apply to former heads of state, and indeed, the convention has been found to apply to such figures including Hissène Habré [the former president of Chad] and Augusto Pinochet.”

That is true, and it will be interesting to see how the UN Committee Against Torture responds. Probably the “golden shield” will not need to be invoked once more by the United States, as the Canadian government evidently has no wish to annoy its neighbor. Moreover, it has its own appalling track record when it comes to preserving human rights in the “war on terror,” as the cases of Omar Khadr in Guantanamo, and Mahar Arar and others who were tortured in Syria demonstrate. However, the submission is to be commended for reminding people that great crimes — committed by the most senior U.S. officials and their lawyers — still remain unpunished, and that that is a situation that ought to be considered a major disgrace rather than something to be brushed aside.

Archbishop Desmond Tutu: Bush and Blair Should Be Sent to The Hague September 2, 2012

Posted by rogerhollander in Criminal Justice, George W. Bush, Iraq and Afghanistan.
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Why I had no choice but to spurn Tony Blair

I couldn’t sit with someone who justified the invasion of Iraq with a lie

Desmond Tutu

Desmond Tutu: pulled out of a seminar which Tony Blair was scheduled to attend. Photograph: Str/REUTERS

The immorality of the United States and Great Britain’s decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history.

Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.

If leaders may lie, then who should tell the truth? Days before George W Bush and Tony Blair ordered the invasion of Iraq, I called the White House and spoke to Condoleezza Rice, who was then national security adviser, to urge that United Nations weapons inspectors be given more time to confirm or deny the existence of weapons of mass destruction in Iraq. Should they be able to confirm finding such weapons, I argued, dismantling the threat would have the support of virtually the entire world. Ms Rice demurred, saying there was too much risk and the president would not postpone any longer.

On what grounds do we decide that Robert Mugabe should go the International Criminal Court, Tony Blair should join the international speakers’ circuit, bin Laden should be assassinated, but Iraq should be invaded, not because it possesses weapons of mass destruction, as Mr Bush’s chief supporter, Mr Blair, confessed last week, but in order to get rid of Saddam Hussein?

The cost of the decision to rid Iraq of its by-all-accounts despotic and murderous leader has been staggering, beginning in Iraq itself. Last year, an average of 6.5 people died there each day in suicide attacks and vehicle bombs, according to the Iraqi Body Count project. More than 110,000 Iraqis have died in the conflict since 2003 and millions have been displaced. By the end of last year, nearly 4,500 American soldiers had been killed and more than 32,000 wounded.

On these grounds alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in the Hague.

But even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?

Leadership and morality are indivisible. Good leaders are the custodians of morality. The question is not whether Saddam Hussein was good or bad or how many of his people he massacred. The point is that Mr Bush and Mr Blair should not have allowed themselves to stoop to his immoral level.

If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?

My appeal to Mr Blair is not to talk about leadership, but to demonstrate it. You are a member of our family, God’s family. You are made for goodness, for honesty, for morality, for love; so are our brothers and sisters in Iraq, in the US, in Syria, in Israel and Iran.

I did not deem it appropriate to have this discussion at the Discovery Invest Leadership Summit in Johannesburg last week. As the date drew nearer, I felt an increasingly profound sense of discomfort about attending a summit on “leadership” with Mr Blair. I extend my humblest and sincerest apologies to Discovery, the summit organisers, the speakers and delegates for the lateness of my decision not to attend.

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