Tags: Canada, canada government, canada justice, child soldier, david climenhaga, dennis edney, Guantanamo, harper government, king's university college, military commissions, Omar Khadr, roger hollander, samuel morison, Stephen Harper, steven blaney, torture
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Roger’s note: I have written and posted before about Omar Khadr, and it is important that he should not be forgotten. I refer you again to the documentary: “You Don’t Like the Truth: Four Days Inside Guantanamo,” which depicts the torturous interrogation this child was put through by Canadian spooks, and the torture he suffered at the hands of the Americans at the same time as he was wounded to the near point of death. This photo shows the condition he was in when the CIA interrogated him.
| November 19, 2013, http://www.rabble.ca
Is the continued imprisonment of Omar Khadr actually a question of principle for the Harper Government, or has it become such an embarrassment that our Conservative leaders in Ottawa have concluded he must be kept under wraps as long as possible for reasons of political expediency?
The hatred and hysteria with which the supporters of this government attack the former child soldier, who is now 27 and resides in a federal penitentiary here in Edmonton after pleading guilty to a variety of war crimes charges before a “military commission” run by the U.S. armed forces, suggests the latter.
Either way, though, the explanation hardly shows our federal government in a good light. And perhaps not the rest of us Canadians either, given the sorry tale of what happened to our fellow citizen when he was still a child, abandoned by his father in a war zone, pressed into service as a child soldier and put on trial after being grievously injured in a battle with American forces.
The question Canadians who believe in common decency and the rule of law need to ask themselves now, though, is what can we do about it?
Various legal challenges are in the works, as regular readers of the news columns surely know. Khadr’s Canadian lawyer, Dennis Edney, has launched an appeal of an Alberta court decision that denied his request to be transferred from the maximum-security Edmonton Institution to a provincial jail.
Khadr’s American attorney, Samuel Morison of the United States Department of Defense, has challenged his conviction for war crimes by a military commission inside the extra-territorial U.S. prison at Guantanamo Bay in occupied Cuban territory.
But the wheels of justice grind slowly, when they grind at all. And the Canadian government, which never lifted a finger to help this young man and which resisted his return to Canada until the embarrassed Americans put him on a plane and sent him home, has now adopted a strategy of doing anything it can to prevent his release.
“The government is going to run the clock out on Omar Khadr,” said Edney, who spoke a week ago today at a packed forum on the case at Edmonton’s King’s University College, a private university founded by the Christian Reformed Church that has taken up Khadr’s case with increasing vigour.
The Harper government, Edney explained, has the legal power to do the right thing, “but it can’t, because it’s put its reputation at stake” by supporting the prosecution of a 15-year-old boy in a judicial proceeding, that while not quite a kangaroo court, hardly lives up to the standards of Canadian justice.
Even that explanation may be a generous one, it is said here, because the passions aroused by Canada’s enthusiastic participation in the war in Afghanistan obviously made Khadr’s fate an effective wedge issue for the relentlessly cynical Harper Tories. Is it beyond the pale they would care more about their own electoral fate than justice for a young man caught in the meat-grinder of a war he didn’t choose?
Surely it is not that hard to imagine that the Harper Government risking even a constitutional crisis to prevent Khadr’s release before the next election if actually ordered to do so by a court.
Adherents of the Harper government’s line are bound to angrily assert that Khadr pleaded guilty to the charges. Indeed, Steven Blaney, the minister of Public Safety, said just that, telling the CBC: “Omar Khadr pleaded guilty to very serious crimes… The government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes.”
But as Morison pointed out to the crowd at King’s last week, “If he had been tried by the standards that prevailed here in Canada, he would never have been convicted.”
What’s more, the American lawyer explained, given the Kafkaesque inversion of justice in the Guantanamo commissions, “the only way to win at Gitmo is to lose … the only way to get off the island was to plead guilty.” For a prisoner to insist he is innocent is to sentence himself to life in prison: “That drains the trial process of any real meaning.”
Indeed, last Friday, Canadian lawyers representing Khadr filed civil arguments claiming the Canadian government conspired with U.S. authorities to abuse the prisoner to ensure he pleaded guilty.
Morison, perhaps with the hyperbole of a good trial lawyer, insists the principal crime to which Khadr pleaded guilty — killing a U.S. soldier with a hand grenade — could never have happened the way prosecutors claimed. Indeed, he said, not only did Khadr not perpetrate a war crime, “he was himself the victim of a war crime!” You can click here to see a video of Morison’s illuminating remarks.
This case was the first time in modern history, Morison added, that a 15-year-old was prosecuted for war crimes.
But what can Canadians do now?
“There’s no great big fix in the world,” Edney told the approximately 300 people who attended the forum at King’s. “There’s steps, little steps.”
“You can’t speak in the Supreme Court, but you can speak to your friends,” he explained. “You can go to your local politician…” But nothing will happen, he advised, “without you, without you getting angry, without you saying you will work night and day … only then will you get a result.”
And you must have faith in the rule of law, Edney counselled, as has King’s – “the rule of law is applying here today.”
King’s, he said, “this little Christian university,” has “advocated far more strongly than any other university in Canada, for a Muslim boy.”
So what are the rest of us going to do?
David Climenhaga, author of the Alberta Diary blog, is a journalist, author, journalism teacher, poet and trade union communicator who has worked in senior writing and editing positions with the Toronto Globe and Mail and the Calgary Herald. His 1995 book, A Poke in the Public Eye, explores the relationships among Canadian journalists, public relations people and politicians. He left journalism after the strike at the Calgary Herald in 1999 and 2000 to work for the trade union movement. Alberta Diary focuses on Alberta politics and social issues.
This post also appears on David Climenhaga’s blog, Alberta Diary.
Congressional No-Show at ‘Heart-Breaking’ Drone Survivor Hearing October 30, 2013Posted by rogerhollander in Human Rights, Pakistan, War on Terror.
Tags: Alan Grayson, civilian casualties, congress, drone missile, drone wars, lauren mccauley, pakistan, pakistan drones, Rehman, robert greenwald, roger hollander
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Roger’s note: I posted on this subject yesterday, but I am repeating it here to underscore the blatant and callous disregard for human life (that is not white American) demonstrated by U.S. congressmen. Five of 435 showed up to listen to how the drone missiles they casually lob into civilian neighborhoods took the life of a mother/grandmother and injured two children. That represents 1.4% of the members of the House. And this family is just the tip of the drone’s murderous iceberg.
In “historic” briefing, Rehman family gives heartbreaking account of drone killing of 65-year-old grandmother… to five lawmakers
Despite being heralded as the first time in history that U.S. lawmakers would hear directly from the survivors of a U.S. drone strike, only five elected officials chose to attend the congressional briefing that took place Tuesday.
Pakistani schoolteacher Rafiq ur Rehman and his two children—9 year-old daughter Nabila and 13 year-old son Zubair—came to Washington, DC to give their account of a U.S. drone attack that killed Rafiq’s mother, Momina Bibi, and injured the two children in the remote tribal region of North Waziristan last October.
According to journalist Anjali Kamat, who was present and tweeting live during the hearing, the only lawmakers to attend the briefing organized by Rep. Alan Grayson (D-Fla.), were Rep. John Conyers (D-Mich.), Rep. Jan Schakowsky (D-Ill.), Rep. Rush Holt (D-NJ) and Rep. Rick Nolan (D-Minn.).
Before the handful of reporters and scant lawmakers, however, Rafiq and his children gave dramatic testimony which reportedly caused the translator to break down into tears.
In her testimony, Nabila shared that she was picking okra with her grandmother when the U.S. missile struck and both children described how they used to play outside but are now too afraid.
“I no longer love blue skies. In fact, I now prefer grey skies. Drones don’t fly when sky is grey.” –Zubair Rehman, 13-year-old drone victim
“I no longer love blue skies. In fact, I now prefer grey skies. Drones don’t fly when sky is grey,” said Zubair, whose leg was injured by shrapnel during the strike.
“My grandmother was nobody’s enemy,” he added.
“Nobody has ever told me why my mother was targeted that day,” Rafiq wrote in an open letter to President Barack Obama last week. “The media reported that the attack was on a car, but there is no road alongside my mother’s house. Several reported the attack was on a house. But the missiles hit a nearby field, not a house. All reported that five militants were killed. Only one person was killed – a 65-year-old grandmother of nine.”
“But the United States and its citizens probably do not know this,” Rafiq continued. “No one ever asked us who was killed or injured that day. Not the United States or my own government. Nobody has come to investigate nor has anyone been held accountable.”
He concluded, “Quite simply, nobody seems to care.”
You can watch a recording of the briefing below and here:
The purpose of the briefing, Grayson told the Guardian, is “simply to get people to start to think through the implications of killing hundreds of people ordered by the president, or worse, unelected and unidentifiable bureaucrats within the Department of Defense without any declaration of war.”
The family was joined by their legal representative Jennifer Gibson of the UK human rights organization Reprieve. Their Islamabad-based lawyer, Shahzad Akbar, was also supposed to be present but was denied a visa by the US authorities—”a recurring problem,” according to Reprieve, “since he began representing civilian victims of drone strikes in 2011.”
“The onus is now on President Obama and his Administration to bring this war out of the shadows and to give answers,” said Gibson.
Also present was U.S. filmmaker Robert Greenwald, who first met Rafiq when he traveled to Pakistan to interview the drone strike victims for his documentary Unmanned: America’s Drone Wars. Before the briefing, Greenwald told the Guardian that he hoped the briefing “will begin the process of demanding investigation. Innocent people are being killed.”
The following clip from Unmanned was shown at Tuesday’s hearing:
“Nobody has ever told me why my mother was targeted that day” October 29, 2013Posted by rogerhollander in Imperialism, Pakistan, War, War on Terror.
Tags: Alan Grayson, civilian casualties, Civilian death, congress, drone missiles, drone strikes, drones, hearing, News, pakistan, Politics News, Rafiq ur Rehman, roger hollander, waziristan
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Roger’s note: “This family went to remarkable lengths to share their story… the turnout at today’s briefing is shameful.” The brief turnout is not the only thing that is shameful about the use of drone missiles and the U.S. various military interventions around the globe.
Tuesday, Oct 29, 2013 02:05 PM CST, http://www.salon.com
Drone victim family travel from Pakistan Capitol Hill to testify and only a handful of lawmakers show up
School teacher Rafiq ur Rehman traveled with his family from Pakistan’s beleaguered Waziristan region to tell Capitol Hill about a day in October 2012 when his 67-year-old mother way blown to pieces by U.S. drone fire. In the same strike, three of Rehman’s children, aged from five to 13, were injured.
Rehman, his 13-year-old son and 9-year-old daughter gave testimony on Capitol Hill Tuesday. The family, who were invited to Congress by Rep. Alan Grayson, D-Fl., told their heart-wrenching story in front of a typically small briefing turnout; Grayson was joined by Reps. Reps. Jan Schakowsky, Rush Holt, John Conyers, and Rick Nolan. Grayson assured the family and the media present that this constitutes a good turnout. As my friend and journalist Ryan Devereaux, present at the briefing, noted via Twitter, “This family went to remarkable lengths to share their story… the turnout at today’s briefing is shameful.”
Rehman’s case was among the civilian tragedies noted in a recent report published by Amnesty International, which posited that a number of U.S. drone strikes in Pakistan constituted war crimes.
“Nobody has ever told me why my mother was targeted that day,” Rehman testified. He continued:
Some media outlets reported that the attack was on a car, but there is no road alongside my mother’s house. Others reported that the attack was on a house. But the missiles hit a nearby field, not a house. All of them reported that three, four, five militants were killed. But only one person was killed that day–Mammana Bibi, a grandmother and midwife who was preparing to celebrate the Islamic holiday of Eid… Not a militant, but my mother.
… My mother is not the first innocent victim of US drones he continued. Numerous families living in my community and the surrounding area have also lost loved ones, including women and children, in these strikes over the years. Dozens of people in my own tribe that I know are merely ordinary tribesman have been killed. They have suffered just like I have. I wish they had such an opportunity as well to come tell you their story. Until they can, I speak on their behalf as well. Drones are not the answer.
Obama Worse than Bush? October 17, 2013Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, War on Terror.
Tags: big lie, bin Laden, bin laden kill, civil liberties, constitution, fema camps, habeas corpus, minority report, obama lie, president obama, prolonged detention, roger hollander, scott baker, seymour hersch, sherwood ross, tom cruise
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Roger’s note: Obama worse than Bush? On the face of it it seems a ludicrous idea. But digging a little deeper … Here are two articles that give much food for thought. I especially encourage you to play the video at the very end of the second article and watch Rachel Maddow take apart Obama’s academy award winning performance for convolution.
http://www.opednews,com, 10/17/2013 at 09:10:31
Hersh Says bin Laden Kill Story “One Big Lie”
If Seymour Hersh says the tale of the death of Osama bin Laden at the hands of US Navy SEALS is “one big lie” and “not one word of it is true,” President Obama will be hard pressed to keep his job when Hersh’s new book comes out. Over a lifetime, investigative reporter Hersh has become famous for his accuracy, honesty, reliability and integrity and if he says the bin Laden tale is a fake, you can take it to the bank.
Federal Emergency Management Agency relief trucks stage in New York, as seen as Army Gen. Frank Grass, the chief of the National Guard Bureau; Air Force Chief Master Sgt. Denise Jelinski-Hall and other National Guard senior leaders visit areas impacted by by jim.greenhill
There is no shortage of videos and more videos from conspiratists and mainstream sources alike.
Some purposes seem benign, even helpful, like using the camps to house natural disaster victims, instead of warehousing them in horrific conditions like what ensued after Hurricane Katrina, when up to 20,000 people were jammed into the Louisiana Superdome.
But the use of such camps can be expanded greatly, especially in the new Amerika, where everyone is a suspect, and Constitutional rights are a sometime option.
Rachel Maddow has compiled and dissected some recent speeches by Obama in which he explains the future use of FEMA camps directly, and his twisted but very real legal theory allowing, at least to him, indefinite pre-emptive detention for crimes that have not been committed yet, and Obama’s overreach, far beyond anything Bush and Cheney ever attempted, and completely outside even the constitution’s Article 1, Section 9, which allows for suspension of Habeas Corpus during times of “Rebellion (e.g. as in the Civil War) or Invasion.” She compares Obama’s evolving policy to that of the Tom Cruise science fiction movie: Minority Report, in which Cruise works as a cop in the department of pre-crime, arresting people for things they haven’t done yet.
In Oval Office Meeting, Malala Yousafzai Tells Obama to End Drone Strikes in Pakistan October 13, 2013Posted by rogerhollander in Barack Obama, Imperialism, Iraq and Afghanistan, Pakistan, Peace, War, War on Terror, Women.
Tags: Afghanistan War, civilian casualties, drone, drone missiles, jacob chamberlain, kmalala, malala yousafzai, nobel peace, Obama, pakistan, peace, roger hollander, Sakharov Prize, terrorism
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ROGER’S NOTE: I TURN OVER MY “ROGER’S NOTE” SPACE TODAY TO “TUTTLE,” WHO COMMENTED ON THIS ARTICLE IN COMMONDREAMS.ORG:
President Obama in conversation with Malala in the Oval Office
“Well Malala, it goes like this. I am the Ruling Elite and you are not. Your life is yet just another mere commodity to be used as fodder to heat the machine that devours the planet and the rest of your class. Posing with you here today is like posing with the Turkey I pardon every year when the American people celebrate the genocide carried out on the original peoples that inhabited this country. These people are now just an embarrassment and a nuisance. Which brings me back to you and your people. You see Malala your life is worthless to me and my investors. These photo-ops are just to keep the illusion going that we care. And you are now a willing participant in that fairytale. If you threaten me or my class or their ability to make a profit… I have a list… Where is that list?…Malia, darling could hand your father that piece of paper… thank you. See Malala, I have the right to Kill anyone in the ENTIRE world. ANYONE. yes, even U.S. citizens… see here, I killed a young man no more than a couple years older than you. And that was because of who his father was! hahaha! Imagine! Now Imagine, if you, Malala truly stood up and spoke out against me and my friends. So just to let you know, I will drone anyone anywhere I feel like because that’s just apart of my job as Ruler of the free world. Now smile for the camera.
Malala Yousafzai, the sixteen-year-old Pakistani girl who survived a gunshot to the head by members of the Taliban for speaking out on women’s right to education, told President Barack Obama in an Oval Office meeting on Friday that he should stop drone strikes in countries such as Pakistan.
In a statement released after the meeting, Yousafzai said that she told Obama that she is concerned about the effect of U.S. drone strikes in her country—a portion of the conversation that was omitted from White House statements so far.
“I [expressed] my concerns that drone attacks are fueling terrorism,” Yousafzai said in a statement released by the Associated Press. “Innocent victims are killed in these acts, and they lead to resentment among the Pakistani people. If we refocus efforts on education it will make a big impact.”
Yousafzai—the youngest ever nominee for the Nobel Peace Prize—was invited to the White House “for her inspiring and passionate work on behalf of girls education in Pakistan,” according to a White House statement.
Yousafzai also recently called on the U.S. and U.K. governments to end military attacks in Afghanistan and Pakistan in an interview with BBC.
“The best way to solve problems and to fight against war is through dialogue,” she told BBC. “That’s not an issue for me, that’s the job of the government… and that’s also the job of America.”
Yousafzai was awarded a prestigious international human rights award—the Sakharov Prize for Freedom of Thought—on Thursday, but did not win the Nobel Peace Prize, as was announced on Friday.
Ha Ha! Waterboarding! War Crimes! Shooting People in the Face! Hell Yeah! Fellow Sociopaths Have A Merry Old Time Roasting Dick Cheney, the Sociopathiest of Them All October 10, 2013Posted by rogerhollander in Criminal Justice, Dick Cheney, War on Terror.
Tags: abby zimet, Dick Cheney, donald rumsfeld, joe liberman, roger hollander, rupert murdoch, torture, War Crimes, waterboarding
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URGENT ALERT – LYNNE STEWART DENIED COMPASSIONATE RELEASE BY FEDERAL BUREAU OF PRISONS DIRECTOR July 6, 2013Posted by rogerhollander in Criminal Justice, War on Terror.
Tags: Criminal Justice, John Ashcroft, john koeltl, lynne stewart, michael steven smith, ralph poynter, roger hollander, Sheik Abdel Rahman, war on terror
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June 25th, 2013
Lynne Stewart’ husband Ralph Poynter was informed by Lynne this morning that she received a three-paragraph letter from Kathleen Kenney, General Counsel for the Federal Bureau of Prisons in Washington, D.C.:
Compassionate Release has been denied on the grounds that Lynne’s “health is improving.”
This claim is at once cynical and false. Lynne Stewart’s cancer continues to spread in her lungs. She remains in isolation as her white blood cell count remains so low that she is at risk for generalized infection. She weakens daily.
A message from Lynne will be released imminently.
We call upon all committed to the effort to secure Lynne Stewart’s release and to save her life to stand by for further notice of the response from Lynne, her husband Ralph Poynter, and her family and her lawyers – announcing the next actions that we, her supporters, will launch in response to this appalling betrayal of compassion and justice.
The Sentencing of Lynne Stewart by Michael Steven Smith
Lynne Stewart is a friend. She used to practice law in New York City. I still do. I was in the courtroom with my wife Debby the afternoon of July 19th for her re-sentencing. Judge John Koeltl buried her alive.
We should have seen it coming when he told her to take all the time she needed at the start when she spoke before the sentence was read. It didn’t matter what she said. He had already written his decision, which he read out loud to a courtroom packed with supporters. It was well crafted. Bulletproof on appeal. He is smart and cautious.
After about an hour into his pronouncement, he came to the buried alive part. He prefaced it by citing the unprecedented 400 letters of support people had sent him, all of which he said he read. He noted Lynne’s three decades of service to the poor and the outcast. He stressed that she is a seventy-year-old breast cancer survivor with high blood pressure and other serious health problems. And then he laid it on her: 120 months.
Everyone in the courthouse divided 120 by 12. He had given her a death sentence, we all thought. She’ll never get out. He almost quadrupled the 28 month sentence he had originally pronounced. She had told him that 28 months was a horizon, that she had hope. But no more.
Lynne’s granddaughter gasped. Then started sobbing. She kept crying even as Judge John Koeltl kept reading. And reading. And reading. It was awful. The sentence was pitiless and cruel. How to understand it?
Lynne’s lawyer Jill Shellow Levine rose after the judge finished. She asked him why. He was candid. He was told to do it by his supervisors, the judges on the Court of Appeals for the Second Circuit. This court is an institution of the elite. It is considered the second highest court in America next to the Supreme Court because it presides over the financial center of the empire, not its capital, that is in D.C., but its real capital. This court makes policy and Lynne Stewart was to be made an example of in “the war against terrorism” just as a half a century before, in the same court, Ethel and Julius Rosenberg were condemned to death in the war against communism, told that they had caused the deaths of 50,000 U.S. soldiers in the Korean War, and found guilty of the ridiculous charge of “stealing the secret” of the atomic bomb, when there was no secret, it was only a matter of technology. The sentencing Judge Kaufman knew they would leave behind two orphan children, Robert and Michael, ages six and three.
In 1947 George Kennan, the ideological father of the cold war, wrote that the United States had but six per cent of the world’s population and fifty per cent of its wealth. The problem was to keep it. Anti-communism served as the ideological cover the U.S. ruling classes used. But communism ceased to exist after capitalism was restored in the Soviet Union in 1991. A new ideological cover has been constructed in the wake of the September 11th criminal attack on the World Tread Center and the Pentagon: the War against Terror. Nationalist opposition to U.S. economic and foreign policy in parts of the Arab world is no longer led by communists but by fundamentalist Muslims.
Lynne Stewart represented one of them, Sheik Abdel Rahman, who was the leading oppositionist to the U.S.-sponsored Mubarak dictatorship in Egypt, which gets more money from America than any other country in the world except Israel. In 1993, at the behest of the Egyptian government, Sheik Rahman was criminally indicted and later convicted of the crime of “sedition” for suggesting to a government informer that rather than blow up New York City landmarks he choose “a military target.” It was on the occasion of a post-conviction prison visit that Lynne helped her client. She released his statement to Reuters press service announcing his withdrawal of support for a ceasefire between his group and the Egyptian government. This was in violation of a Special Administrative Measure (SAMs) that Lynne had agreed to with the U.S. Government. She wasn’t supposed to be a medium for communication between her client and the outside world. She should have challenged the constitutionality of the SAMs, she now realizes, and not just have violated them.
She wasn’t prosecuted for what she did, not under the Clinton administration, nor during the first years of George W. Bush. Then came 9.11. Bush’s Attorney General John Ashcroft flew into New York City in 2003 and announced Lynne’s indictment on the David Letterman show. The crime? A novel one. Conspiracy to provide material aid to a terrorist organization. What was the material aid? Her client. When Ashcroft did that, as the nation’s highest law enforcement officer, he committed an ethical violation for which any other attorney would have been sanctioned. He made sure that from the very beginning of her ordeal Lynne Stewart never had a chance. Not with the level of fear the government was able to generate and the scare they put into her jury.
In 2006 she was convicted and sentenced. The maximum was 30 years, but thanks to the superb legal work of National Lawyers Guild attorneys Elizabeth Fink and Sarah Kunstler and the outpouring of public support Judge Koeltl gave her 28 months. The government appealed the sentence to their U.S. Court of Appeals. Game over. The selective prosecution of Lynne Stewart was accomplished.
Judge John Walker, George W. Bush’s first cousin, sits on that court. His family made their fortune selling munitions during WWI. He wrote that the 28 months was “shockingly low.” Judge Koeltl was given his orders. The seemingly kindly boyish-looking jurist about whom it was said that he walks to work and looks after an elderly mother—not exactly a sadistic old lady killer—then reversed himself and on the same evidence nearly quadruped the sentence, putting a seventy-year-old grandmother on chemotherapy away for ten years and two years’ probation after that for good measure. This is much more than meanness. It is ideology.
Michael Steven Smith is the co-host of the WBAI radio show Law and Disorder and sits on the Board of the Center for Constitutional Rights.
Tags: 9/11, barbara lee, congress, drone missiles, George Bush, hr 198, indifinite detention, perpetual war, war, warrantless surveillance
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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|
I started my own campaign on CREDO’s new site that allows activists to start their own petitions.
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.
Thank you for your support.
Rep. Barbara Lee
Obama Speech: Same Policies, Slightly New Package May 24, 2013Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Pakistan, War on Terror.
Tags: answer coalition, civilian casualties, drone missiles, forced feeding, Guantanamo, obama speech, pakistan, president obama, roger hollander, torture, war on terror
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Roger’s note: “Further, the president made several statements that seem to be contradicted by his actions.” This is a genteel way of saying the president is a liar.
ANSWER responds to President Obama’s speech at the National Defense
President Obama’s speech at the National Defense University today was another
exercise in misdirection and illusion regarding the administration’s
unprecedented use of drone military strikes that have killed more than 5,000
people, the majority of whom were civilians, including a large number of
Under pressure from a growing international grassroots protest movement
demanding the end of drone strikes and the closure of the Guantanamo torture
center, Obama’s speech was crafted to address both issues.
He acknowledged that civilians were killed by his drone strikes and said that
he would be “haunted” by their deaths, but he made it clear that the strikes
Although he spoke far more eloquently than George W. Bush, the president used
the Bush-created legal architecture to permit the president to kill anyone,
anywhere if he labeled them as a terrorist. Obama said that his previously
secret “legal basis” for targeted killings was actually the Authorization of
Military Use Force (AMUF) that Bush rammed through Congress shortly after the
September 11, 2001 attacks.
Demagogically he called again for the closure of Guantanamo, which has been
labeled a torture center by the United Nations. He said that the failure to
close the facility was seen by the whole world as a “flouting [of] the rule of
law” by the United States. But he neglected to say that he has refused to use
the vast authority of the presidency to actually close Guantanamo. Rather he is
placing the blame on Congress rather than acting.
In addition to refusing to take immediate action to close Guantanamo,
President Obama stated that he would not end the policy of indefinite detention.
He in fact stated that he has tasked an official to find a place in the United
States where people can be held indefinitely without charges. He further
referenced America’s “supermax” prisons. These brutal facilities, in which
prisoners are kept in tiny cells for 23 hours a day, also meet most definitions
of torture, a practice Obama claims to have “banned.”
Old wine in a new bottle
For almost the entirety of his presidency, Obama has sought to shield his
“War on Terror” policies from even some of the most basic scrutiny. In fact,
information on many of these programs has only been released after significant
criticism has been raised. More than anything, President Obama’s May 23, 2013,
speech must be seen as a direct response to the individuals and organizations
who have consistently been challenging the actions of the administration on
these issues. It is unavoidably clear that the firestorm of criticism around
drone strikes, Guantanamo Bay Prison, and the extent of domestic surveillance
created a climate in which Obama was forced to defend his policies.
The president outlined a number of policies, many of which had already been
revealed in their broad outlines, and attempted to give them a new gloss.
Further, the president made several statements that seem to be contradicted by
his actions. In other words, despite all the hype, the president is attempting
to codify many of the “war-time” measures that erode our civil liberties and
perpetuate imperialist brutality abroad.
For instance, President Obama claimed that his administration has “banned
torture” despite the fact the force feedings being carried out by individuals
directly under his purview have been classified by the American Medical
Association as torture. The president also made several interesting admissions,
one being that in the Afghanistan-Pakistan theater the U.S. government
reportedly only attacks leaders of Al-Qaeda. Whether that is true or not, it is
a clear admission that in Pakistan and Afghanistan, “signature strikes” – which
have been responsible for thousands of deaths, including many civilians – will
“Only 55 known militant leaders have been killed in Pakistan, representing
just 2 percent of the total deaths” caused by U.S. drone strikes in Pakistan,
according to the New American Foundation.
President Obama, in response to major criticism, did state the need to close
Guantanamo; the president also stated that he wants to find a way to eliminate
the Authorization of the Use of Military Force as a justification for terror
policies. This is after he used the AUMF to conduct a mostly secret worldwide
conflict that has killed tens of thousands of people. It seems highly convenient
that, after such a huge amount of damage and suffering were caused, in
retrospect the president criticizes the AUMF.
While there is much to dissect in his speech, the bottom line is that
President Obama is attempting to respond to criticism of his war on terror
policies while creating a new framework to institutionalize many of these same
Omar Khadr to appeal terrorism convictions April 28, 2013Posted by rogerhollander in Canada, Criminal Justice, Torture, War, War on Terror.
Tags: Canada, child soldier, Criminal Justice, dennis edney, diana mehta, Guantanamo, khadr appeal, military commissions, Omar Khadr, roger hollander, terrorism, torture
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Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Khadr’s lawyer Dennis Edney said Saturday that the Toronto-born 26-year-old was “looking forward” to the appeal, which is expected to be filed “very soon.”
Khadr has been held in maximum-security Millhaven Institution in Kingston, Ont. since his transfer to Canada last September from Guantanamo Bay, where he had been held for a decade.
He had pleaded guilty before a widely discredited American military commission in October 2010 to five war crimes — among them the killing of a U.S. special forces soldier — committed in Afghanistan when he was 15 years old. He was given a further eight years behind bars.
Edney said the appeal being launched aims to have all those convictions dismissed.
“We are very confident that the military tribunal convictions will be overturned because in our view there are serious questions about the validity of all these convictions,” Edney told The Canadian Press.
Although Khadr opted for a plea agreement in 2010, Edney argued his guilty plea may not have too much of a bearing on his appeal.
“If you plead guilty to a charge which is a nullity in war, then the plea is also a nullity,” he said.
The case is still likely to be complicated as Khadr did sign away his appeal rights in 2010. but Edney contends that obstacle, too, could be surmounted.
“If the underlying acts weren’t crimes, at least not war crimes, then Mr. Khadr’s waiver may also be unreliable,” he said.
Edney said his team would be filing an appeal first with a U.S. military commission, and then later in the U.S. civil courts if necessary, to overturn all of Khadr’s convictions.
The terms of Khadr’s transfer to Canada precluded attacking his sentence in Canadian courts.
Working in Khadr’s favour, Edney said, are two similar military commission verdicts which American appeal courts have already thrown out after ruling the crimes did not exist under international law of war at the time.
Last October an American appeal court dismissed Osama bin Laden’s driver Salim Hamdan’s 2008 conviction for providing material support for terrorism.
In essence, the court ruled no such crime existed under international law of war at the time of the alleged offence and retroactive prosecutions were not authorized.
In January, the same court threw out the conviction of Ali Hamza al-Bahlul, a Yemeni who was charged with providing material support to terrorism and conspiracy for making propaganda videos for Al Qaeda. In that case, however, a U.S. appeals court said earlier this month that it will re-examine the decision.
Nonetheless, Edney said the rulings on those two cases could bode well for Khadr’s appeal.
“As the law now stands, based upon two earlier rulings … where the civilian appeals court overturned the same charges Omar faced, it concluded the charges were not and are not recognized international law of war charges,” he said.
Edney said he was surprised previous lawyers retained by Khadr hadn’t filed an appeal so far.
“One would expect that should have been done as a matter of course. It wasn’t,” he said. “I took it upon myself to persuade the military defence department to agree that Omar Khadr’s case was worthy of an appeal and they agreed.”