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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.

Why I’m Suing Barack Obama January 16, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, War on Terror.
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Roger’s note: Don’t be mislead by the title of this article; its significance has not to do with the quixotic law suit, rather the chilling reality of the disappearance of the right of habeas corpus in American jurisprudence.  It should be remembered that throughout history, including the Nazi era, all state crimes were done “legally.”  Hence, the importance of the Nuremberg principles, which have been rendered a dead letter under the Bush and Obama administrations.

Published on Monday, January 16, 2012 by Truthdig.com

  by  Chris Hedges

Attorneys Carl J. Mayer and Bruce I. Afran filed a complaint Friday in the Southern U.S. District Court in New York City on my behalf as a plaintiff against Barack Obama and Secretary of Defense Leon Panetta to challenge the legality of the Authorization for Use of Military Force as embedded in the latest version of the National Defense Authorization Act, signed by the president Dec. 31.

The act authorizes the military in Title X, Subtitle D, entitled “Counter-Terrorism,” for the first time in more than 200 years, to carry out domestic policing. With this bill, which will take effect March 3, the military can indefinitely detain without trial any U.S. citizen deemed to be a terrorist or an accessory to terrorism. And suspects can be shipped by the military to our offshore penal colony in Guantanamo Bay and kept there until “the end of hostilities.” It is a catastrophic blow to civil liberties.

Detainees pray at the U.S. military detention facility known as Camp Bucca in Iraq in this 2009 photo. (Photo: AP / Dusan Vranic)

I spent many years in countries where the military had the power to arrest and detain citizens without charge. I have been in some of these jails. I have friends and colleagues who have “disappeared” into military gulags. I know the consequences of granting sweeping and unrestricted policing power to the armed forces of any nation. And while my battle may be quixotic, it is one that has to be fought if we are to have any hope of pulling this country back from corporate fascism.

Section 1031 of the bill defines a “covered person”—one subject to detention—as “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

The bill, however, does not define the terms “substantially supported,” “directly supported” or “associated forces.”

I met regularly with leaders of Hamas and Islamic Jihad in Gaza. I used to visit Palestine Liberation Organization leaders, including Yasser Arafat and Abu Jihad, in Tunis when they were branded international terrorists. I have spent time with the Revolutionary Guard in Iran and was in northern Iraq and southeastern Turkey with fighters from the Kurdistan Workers’ Party. All these entities were or are labeled as terrorist organizations by the U.S. government. What would this bill have meant if it had been in place when I and other Americans traveled in the 1980s with armed units of the Sandinistas in Nicaragua or the Farabundo Marti National Liberation Front guerrillas in El Salvador? What would it have meant for those of us who were with the southern insurgents during the civil war in Yemen or the rebels in the southern Sudan? I have had dinner more times than I can count with people whom this country brands as terrorists. But that does not make me one.

Once a group is deemed to be a terrorist organization, whether it is a Palestinian charity or an element of the Uighur independence movement, the military can under this bill pick up a U.S. citizen who supported charities associated with the group or unwittingly sent money or medical supplies to front groups. We have already seen the persecution and closure of Islamic charity organizations in the United States that supported the Palestinians. Now the members of these organizations can be treated like card-carrying “terrorists” and sent to Guantanamo.

But I suspect the real purpose of this bill is to thwart internal, domestic movements that threaten the corporate state. The definition of a terrorist is already so amorphous under the Patriot Act that there are probably a few million Americans who qualify to be investigated if not locked up. Consider the arcane criteria that can make you a suspect in our new military-corporate state. The Department of Justice considers you worth investigating if you are missing a few fingers, if you have weatherproof ammunition, if you own guns or if you have hoarded more than seven days of food in your house. Adding a few of the obstructionist tactics of the Occupy movement to this list would be a seamless process. On the whim of the military, a suspected “terrorist” who also happens to be a U.S. citizen can suffer extraordinary rendition—being kidnapped and then left to rot in one of our black sites “until the end of hostilities.” Since this is an endless war that will be a very long stay.

This demented “war on terror” is as undefined and vague as such a conflict is in any totalitarian state. Dissent is increasingly equated in this country with treason. Enemies supposedly lurk in every organization that does not chant the patriotic mantras provided to it by the state. And this bill feeds a mounting state paranoia. It expands our permanent war to every spot on the globe. It erases fundamental constitutional liberties. It means we can no longer use the word “democracy” to describe our political system.

The supine and gutless Democratic Party, which would have feigned outrage if George W. Bush had put this into law, appears willing, once again, to grant Obama a pass. But I won’t. What he has done is unforgivable, unconstitutional and exceedingly dangerous. The threat and reach of al-Qaida—which I spent a year covering for The New York Times in Europe and the Middle East—are marginal, despite the attacks of 9/11. The terrorist group poses no existential threat to the nation. It has been so disrupted and broken that it can barely function. Osama bin Laden was gunned down by commandos and his body dumped into the sea. Even the Pentagon says the organization is crippled. So why, a decade after the start of the so-called war on terror, do these draconian measures need to be implemented? Why do U.S. citizens now need to be specifically singled out for military detention and denial of due process when under the 2001 Authorization for Use of Military Force the president can apparently find the legal cover to serve as judge, jury and executioner to assassinate U.S. citizens, as he did in the killing of the cleric Anwar al-Awlaki in Yemen? Why is this bill necessary when the government routinely ignores our Fifth Amendment rights—“No person shall be deprived of life without due process of law”—as well as our First Amendment right of free speech? How much more power do they need to fight “terrorism”?

Fear is the psychological weapon of choice for totalitarian systems of power. Make the people afraid. Get them to surrender their rights in the name of national security. And then finish off the few who aren’t afraid enough. If this law is not revoked we will be no different from any sordid military dictatorship. Its implementation will be a huge leap forward for the corporate oligarchs who plan to continue to plunder the nation and use state and military security to cow the population into submission.

The oddest part of this legislation is that the FBI, the CIA, the director of national intelligence, the Pentagon and the attorney general didn’t support it. FBI Director Robert Mueller said he feared the bill would actually impede the bureau’s ability to investigate terrorism because it would be harder to win cooperation from suspects held by the military. “The possibility looms that we will lose opportunities to obtain cooperation from the persons in the past that we’ve been fairly successful in gaining,” he told Congress.

But it passed anyway. And I suspect it passed because the corporations, seeing the unrest in the streets, knowing that things are about to get much worse, worrying that the Occupy movement will expand, do not trust the police to protect them. They want to be able to call in the Army. And now they can.

 

© 2012 TruthDig

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Chris Hedges

Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America.  His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.

Obama’s Secret Prisons in Afghanistan Endanger Us All February 14, 2010

Posted by rogerhollander in Barack Obama, Iraq and Afghanistan, Pakistan, Women.
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Published on Saturday, February 13, 2010 by The Independent/UK

He was elected in part to drag us out of this trap. Instead, he’s dragging us further in

by Johann Hari

Osama bin Laden’s favourite son, Omar, recently abandoned his father’s cave in favour of spending his time dancing and drooling in the nightclubs of Damascus. The tang of freedom almost always trumps Islamist fanaticism in the end: three million people abandoned the Puritan hell of Taliban Afghanistan for freer countries, while only a few thousand faith-addled fanatics ever travelled the other way. Osama’s vision can’t even inspire his own kids. But Omar bin Laden says his father is banking on one thing to shore up his flailing, failing cause – and we are giving it to him.

[Obama was elected in part to drag us out of this trap. Instead, he's dragging us further in. Whenever Obama acts like Bush, listen carefully - you will hear the distant, delighted chuckle of Osama bin Laden, and the needless stomp of fresh recruits heading his way. (CHRIS COADY/ NB ILLUSTRATIONS)]
Obama was elected in part to drag us out of this trap. Instead, he’s dragging us further in. Whenever Obama acts like Bush, listen carefully – you will hear the distant, delighted chuckle of Osama bin Laden, and the needless stomp of fresh recruits heading his way. (CHRIS COADY/ NB ILLUSTRATIONS)

The day George W Bush was elected, Omar says, “my father was so happy. This is the kind of president he needs – one who will attack and spend money and break [his own] country”. Osama wanted the US and Europe to make his story about the world ring true in every mosque and every mountain-top and every souq. He said our countries were bent on looting Muslim countries of their resources, and any talk of civil liberties or democracy was a hypocritical facade. The jihadis I have interviewed – from London to Gaza to Syria – said their ranks swelled with each new whiff of Bushism as more and more were persuaded. It was like trying to extinguish fire with a blowtorch. 

The revelations this week about how the CIA and British authorities handed over a suspected jihadi to torturers in Pakistan may sound at first glance like a hangover from the Bush years. Barack Obama was elected, in part, to drag us out of this trap – but in practice he is dragging us further in. He is escalating the war in Afghanistan, and has taken the war to another Muslim country. The CIA and hired mercenaries are now operating on Obama’s orders inside Pakistan, where they are sending unarmed drones to drop bombs and sending secret agents to snatch suspects. The casualties are overwhelmingly civilians. We may not have noticed, but the Muslim world has: check out Al Jazeera any night.

Obama ran on an inspiring promise to shut down Bush’s network of kidnappings and secret prisons. He said bluntly: “I do not want to hear this is a new world and we face a new kind of enemy. I know that… but as a parent I can also imagine the terror I would feel if one of my family members were rounded up in the middle of the night and sent to Guantanamo without even getting one chance to ask why they were being held and being able to prove their innocence.” He said it made the US “less safe” because any gain in safety by Gitmo-ing one suspected jihadi – along with dozens of innocents – is wiped out by the huge number of young men tipped over into the vile madness of jihadism by seeing their brothers disappear into a vast military machine where they may never be heard from again. Indeed, following the failed attack in Detroit, Obama pointed out the wannabe-murderer named Guantanamo as the reason he signed up for the jihad.

Yet a string of recent exposes has shown that Obama is in fact maintaining a battery of secret prisons where people are held without charge indefinitely – and he is even expanding them. The Kabul-based journalist Anand Gopal has written a remarkable expose for The Nation magazine. His story begins in the Afghan village of Zaiwalat at 3.15am on the night of November 19th 2009. A platoon of US soldiers blasted their way into a house in search of Habib ur-Rahman, a young computer programmer and government employee who they had been told by someone, somewhere was a secret Talibanist. His two cousins came out to see what the noise was – and they were shot to death. As the children of the house screamed, Habib was bundled into a helicopter and whisked away. He has never been seen since. His family do not know if he is alive or dead.

This is not an unusual event in Afghanistan today. In this small village of 300 people, some 16 men have been “disappeared” by the US and 10 killed in night raids in the past two years. The locals believe people are simply settling old clan feuds by telling the Americans their rivals are jihadists. Habib’s cousin Qarar, who works for the Afghan government, says: “I used to go on TV and argue that people should support the government and the foreigners. But I was wrong. Why should anyone do so?”

Where are all these men vanishing to? Obama ordered the closing of the CIA’s secret prisons, but not those run by Joint Special Operations. They maintain a Bermuda Triangle of jails with the notorious Bagram Air Base at its centre. One of the few outsiders has been into this ex-Soviet air-hangar is the military prosecutor Stuart Couch. He says: “In my view, having visited Guantanamo several times, the Bagram facility made Guantanamo look like a nice hotel. The men did not appear to be able to move around at will, they mostly sat in rows on the floor. It smelled like the monkey house at the zoo.”

We know that at least two innocent young men were tortured to death in Bagram. Der Spiegel has documented how some “inmates were raped with sticks or threatened with anal sex”. The accounts of released prisoners suggest the very worst abuses stopped in the last few years of the Bush administration, and Obama is supposed to have forbidden torture, but it’s hard to tell. We do know Obama has permitted the use of solitary confinement lasting for years – a process that often drives people insane. The International Red Cross has been allowed to visit some of them, but in highly restricted circumstances, and their reports remain confidential. In this darkness, abuse becomes far more likely.

The Obama administration is appealing against US court rulings insisting the detainees have the right to make a legal case against their arbitrary imprisonment. And the White House is insisting they can forcibly snatch anyone they suspect from anywhere in the world – with no legal process – and take them there. Yes: Obama is fighting for the principles behind Guantanamo Bay. The frenzied debate about whether the actual camp in Cuba is closed is a distraction, since he is proposing to simply relocate it to less sunny climes.

Once you vanish into this system, you have no way to get yourself out. The New York lawyer Tina Foster represents three men who were kidnapped by US forces in Thailand, Pakistan and Dubai and bundled to Bagram, where they have been held without charge for seven years now. She tells me there have been “shockingly few improvements” under Obama. “The Bush administration rubbed our faces in it, while Obama’s much smoother. But the reality is still indefinite detention without charge for people who are judged guilty simply by association. It’s contrary to everything we stand for as a country… I know there are children [in there] from personal experience. I have interviewed dozens of children who were detained in Bagram, some as young as 10.”

Today, Bagram is being given a $60m expansion, allowing it to hold five times as many prisoners as Guantanamo Bay currently does. Gopal reports that the abuse is leaking out to other, more secretive sites across Afghanistan. They are so underground they are known only by the names given to them by released inmates – the Salt Pit, the Prison of Darkness. Obama also asserts his right to hand over the prisoners to countries that commit torture, provided they give a written “assurance” they won’t be “abused” – assurances that have proved worthless in the past. The British lawyer Clive Stafford Smith estimates there are 18,000 people trapped in these “legal black holes” by the US.

As Obama warned in the distant days of the election campaign, these policies place us all in greater danger. Matthew Alexander, the senior interrogator in Iraq who tracked down Abu Musab al-Zarqawi, says: “I listened time and time again to captured foreign fighters cite Abu Ghraib and Guantanamo as their main reason for coming to Iraq to fight… We have lost hundreds if not thousands of American lives because of our policy.” The increased risk bleeds out onto the London Underground and the nightclubs of Bali. I oppose these policies precisely because I want to be safe, and I loathe jihadism.

President Obama has been tossing aside the calm jihad-draining insights of candidate Obama for a year now. Whenever Obama acts like Bush, listen carefully – you will hear the distant, delighted chuckle of Osama bin Laden, and the needless stomp of fresh recruits heading his way.

© 2010 The Independent

Foreclosure Fiasco Continues: The Bush-Obama Strategy of Throwing Billions at Banks Doesn’t Work June 27, 2009

Posted by rogerhollander in Uncategorized.
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By Robert Scheer, Truthdig. Posted June 27, 2009.

Americans are now $14 trillion poorer. Many who thought they were middle class have now joined the ranks of the poor.

It’s not working. The Bush-Obama strategy of throwing trillions at the banks to solve the mortgage crisis is a huge bust. The financial moguls, while tickled pink to have $1.25 trillion in toxic assets covered by the feds, along with hundreds of billions in direct handouts, are not using that money to turn around the free fall in housing foreclosures.

As The Wall Street Journal reported Tuesday, “The Mortgage Bankers Association cut its forecast of home-mortgage lending this year by 27% amid deflating hopes for a boom in refinancing.” The same association said that the total refinancing under the administration’s much ballyhooed Home Affordable Refinance Program is “very low.”

Aside from a tight mortgage market, the problem in preventing foreclosures has to do with homeowners losing their jobs. Here again the administration, continuing the Bush strategy, is working the wrong end of the problem. Although President Obama was wise enough to at least launch a job stimulus program, a far greater amount of federal funding benefits Wall Street as opposed to Main Street.

State and local governments have been forced into draconian budget cuts, firing workers who are among the most reliable in making their mortgage payments–when they have jobs. Yet the Obama administration won’t spend even a small fraction of what it has wasted on the banks to cover state shortfalls.

California couldn’t get the White House to guarantee $5.5 billion in short-term notes to avert severe cuts in state and local payrolls, from prison guards to schoolteachers. Compare that with the $50 billion already given to Citigroup, plus an astounding $300 billion to guarantee that institution’s toxic assets. Citigroup benefits from being a bank “too big to fail,” although through its irresponsible actions to get that large it did as much as any company to cause this mess.

How big a mess? According to the Federal Reserve’s most recent report, seven straight quarters of declining household wealth have left Americans $14 trillion poorer. Many who thought they were middle class have now joined the ranks of the poor. Food banks are strapped and welfare rolls are dramatically on the rise, as the WSJ reports, with a 27 percent year-to-year increase in Oregon, 23 percent in South Carolina and 10 percent in California. And you have to be very poor to get on welfare, thanks to President Clinton’s so-called welfare reform, which he signed into law before he ramped up the radical deregulation of the financial services industry, enabling our economic downturn.

Citigroup, the prime mover for ending the sensible restraints of the Glass-Steagall Act of 1933, is now a pathetic ward of the state. But back in the day President Clinton would tour the country with Citigroup founder Sandy Weill touting the wonderful work that Weill and other moguls were doing to invest in economically depressed communities. It wasn’t really happening then, and now millions of folks in those communities have seen their houses snatched from them as if they were just pieces in a game of Monopoly that Clinton and his fat-cat buddy were playing.

Once Weill got the radical deregulation law he wanted, he issued a statement giving credit: “In particular, we congratulate President Clinton, Treasury Secretary Larry Summers, NEC [National Economic Council] Chairman Gene Sperling, Under Secretary of the Treasury Gary Gensler, Assistant Treasury Secretaries Linda Robertson and Greg Baer.”

Summers is now Obama’s top economic adviser, Sperling has been appointed legal counselor at Treasury, and Gensler, a former partner in Goldman Sachs, is head of the Commodity Futures Trading Commission, which he once attempted to prevent from regulating derivatives when it was run by Brooksley Born. Robertson worked for Summers in pushing through the Commodity Futures Modernization Act, which freed the derivatives market from adult supervision and contained the “Enron Loophole,” permitting that company to go wild. Robertson then became the top Washington lobbyist for Enron and was recently appointed senior adviser to Fed Chair Ben S. Bernanke. Baer went to work as a corporate counsel for Bank of America, which announced his appointment with a press release crediting him with having “coordinated Treasury policy” during the Clinton years in getting Glass-Steagall repealed. As a result of deregulation, B of A too spiraled out of control and ended up as a beneficiary of the Treasury’s welfare program.

Why was I so naive as to have expected this Democratic president to not do the bidding of the banks when the last president from that party joined the Republicans in giving the moguls everything they wanted? Please, Obama, prove me wrong.

Robert Scheer is Editor in Chief of Truthdig and author of a new book, The Pornography of Power: How Defense Hawks Hijacked 9/11 and Weakened America.

How Obama Excused Torture April 17, 2009

Posted by rogerhollander in Barack Obama, Dick Cheney, George W. Bush, Torture.
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Former Reagan Justice Department official Bruce Fein writes that Obama’s decision to release CIA memos without prosecuting Bush administration officials flouts his constitutional duty.

by Bruce Fein

On Thursday, April 16th, in response to a lawsuit initiated by the American Civil Liberties Union, President Barack Obama released four redacted Office of Legal Counsel (OLC) memoranda from the Bush administration to the CIA justifying torture or cruel, inhumane, or degrading treatment. (The CIA’s enhanced interrogation techniques were modeled on the Chinese Communist coercive brainwashing program against Americans captured in the Korean War to induce false confessions). Each memorandum hedged its conclusions with substantial caveats, such as the absence of judicial precedents and concessions that reasonable persons could dispute their exculpatory conclusions. The memoranda were later renounced as bad law.

Obama, however, promised non-prosecution of all CIA personnel complicit in torture who relied on the flawed OLC advice. He further pledged to defend them from criminal investigations initiated by foreign jurisdictions and to indemnify them if they are held liable in damages for constitutional or statutory wrongdoing. Obama is similarly defending former OLC Deputy Assistant Attorney General John Yoo against a torture suit initiated by Jose Padilla, convicted of terrorism in 2007 after the government dropped charges that as an “enemy combatant” he plotted to set off a “dirty bomb.” The Yoo memoranda on torture have also been renounced and discredited. Obama also promised to follow the Bush-Cheney duumvirate in claiming secrecy for alleged national security secrets because “the world is dangerous.” Indeed, he did not voluntarily initiate release of the four OLC memoranda, but responded to a Freedom of Information Act suit. And President Obama has echoed the Bush-Cheney state secrets arguments to block lawsuits challenging the legality of spying on Americans without warrants in contravention of the Fourth Amendment or federal law, or seeking damages for torture. Moreover, Obama has been unable to recite a single instance where transparency proved more dangerous to the liberties of the American people than has secrecy, the birthplace of COINTELPRO, Shamrock, Minaret, Abu Ghraib, and torture of 14 so-called “High Value Al Qaeda” detainees in secret prisons abroad (according to the International Committee of the Red Cross).

On the same day Obama was excusing torture and promising more secret government, The New York Times published a front page story disclosing the National Security Agency’s apparently illegal interceptions of emails and phone calls of American citizens in the United States without individual judicial warrants. The interceptions exceeded even the sweeping group warrant authority to spy on persons reasonably believed to be outside the United States that were authorized in amendments to the Foreign Intelligence Surveillance Act (FISA) enacted last September. President Obama has declined to sanction a single official implicated in the latest apparent violation of a statute he supported as a senator. He has similarly chosen non-prosecution for former President Bush, former Vice President Cheney, and high level officials at the National Security Agency (NSA) and CIA who authorized more than five years of FISA felonies: namely, warrantless NSA spying on American citizens on American soil in flagrant contravention of FISA, about which more anon.

The evidence is now undeniable. President Barack Obama is flouting his unflagging constitutional obligation enshrined in Article II, Section 3 to “take Care that the Laws be faithfully executed.” He is also reneging on his signature campaign promise to restore the rule of law, transparency, and accountability to the White House. He is displaying the psychology of an arrogant Empire as opposed to a modest Republic in continuing and escalating the Bush-Cheney duumvirate’s global and perpetual war against international terrorism heedless of foreign sovereignties or the lives of civilians.

Even more disappointing, Obama has proven a political coward dangerous to the Republic. Before April 16, he had decided against any criminal investigation of the Bush-Cheney duumvirate or their inner circles for their boasted complicity in torture, i.e., waterboarding, which Attorney General Eric Holder has declared is torture. He has similarly declined investigations of extraordinary renditions that have occasioned, among other things, the indictments and in absentia trials of 26 CIA operatives in Milan, Italy, for the kidnapping and torture of Egyptian cleric Abu Omar.

Obama made no effort to square his refusal to investigate credible and substantial evidence of felonies with his constitutional obligation to faithfully execute, not sabotage the laws. He relied solely on politics, as though law was nothing more than a constellation of political calculations with ulterior motives. Obama insisted that investigations of Bush-Cheney would disturb the Toscanini-like symphony he had promised to the political class in the corridors of power. Comparable political calculations explain why Afghanistan’s President Hamid Karzai declines to prosecute the countless officials implicated in staggering corruption, inefficiency, and subjugation of women-all of which are deplored by President Obama.

In sweeping the Bush-Cheney lawlessness under the rug, Obama has set a precedent whitewashing White House lawlessness in the name of national security that will lie around like a loaded weapon ready for resurrection by any Commander-in-Chief eager to appear “tough on terrorism” and to exploit popular fear. Obama urges that the crimes were justified because the duumvirate acted to protect the nation from international terrorism. But Congress did not create a national security defense to torture or commit FISA felonies.

President Obama should have invoked his pardon power if he believed circumstances justified the crimes by Bush and Cheney and the CIA’s interrogators. A pardon or lesser clemency properly exposes the president to political accountability, as Bush discovered with Cheney’s chief of staff Scooter Libby and President Ford with former President Nixon. More significant, a pardon does not set a precedent making lawful what was unlawful. It acknowledges the criminality of the underlying activity, and acceptance of the pardon is an admission of guilt by the recipient. Pardons leave unsullied the doctrine of Ex parte Milligan (1866):”The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men at all times and in all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.”

Obama can be summoned against his own non-prosecution policy, secrecy, and non-accountability. In releasing the four OLC memoranda on April 16, Obama asserted: “Enlisting our values [like the rule of law or transparency] in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals [like the rule of law or government in the sunshine]… I believe strongly in transparency and accountability… The United States is a nation of laws.”

These words should be taken cum granis salis. Bush and Cheney also insisted that everything they did was constitutional and indispensable to thwarting another 9/11. Obama’s promise of change has proven nothing more than verbal jugglery.

Bruce Fein was associate deputy attorney general under President Ronald Reagan, and has authored Constitutional Peril: The Life and Death Struggle for our Constitution and Democracy.

Bibi Wags the Dog April 2, 2009

Posted by rogerhollander in About Barack Obama, About War, Barack Obama, Israel, Gaza & Middle East.
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 wag-the-dog2

Roger Hollander, www.rogerhollander.com, April 2, 2009

“You don’t want a messianic apocalyptic cult controlling atomic bombs. When the wide-eyed believer gets hold of the reins of power and the weapons of mass death, then the entire world should start worrying …”  (about-to-be-sworn-in Israeli Prime Minister  Benjamin Netanyahu, interview with Jeffrey Goldberg,  Atlantic Magazine, March 31, 2009).

You’re eight years too late, Bibi, Bush and Cheney are gone.  Oh, what?  You were referring to Iran?  I beg your pardon.  Honest mistake.  But really, Mr. Prime Minister, after eight years with Apocalypse Now Dubya with his finger on the button that could shoot off enough atomic bombs to wipe out the globe a thousand times over, you can hardly expect anyone to get excited about little old Iran, which may one day have the capacity to build a single atomic bomb and with no way to deliver it.

What is that you say, Bibi?   “Iran has threatened to annihilate a state or to have a state wiped off the map of the world.”  (cited, in Jeffrey Goldberg’s Blog,  http://jeffreygoldberg.theatlantic.com, April 2, 2009).  My God, do you believe everything Ahmadinejad says?  Could it be that you are taking such threats seriously so as to instil the kind if fear that keeps warmongers like you in power?  Do you really think the Iranis are dumb enough to risk annihilation by engaging in an unprovoked first nuclear strike (if they had the means, which they don’t) against a nuclear armed ally of the United States?

And by the way, Mr. Prime Minister, can you explain how Israel is the potential nuclear victim when it alone in the Middle East possesses nuclear weapons?  What’s that, you say?  Israel’s nuclear capacity has not been verified?  Of course it hasn’t.  Israel has refused to sign on to the Nuclear Non-proliferation Treaty (NNPT), so we can only guess as to the size of its nuclear arsenal.  I understand the Pentagon estimates 60 Israeli nuclear warheads.  You don’t allow inspections.  Iran, by the way, is a signee to the treaty, and it claims that its development of nuclear energy is for peaceful purposes, which is allowed.  I admit that it may be naïve to think that Iran is not intent upon the development of a nuclear warhead, but if they are, would it not be as a counter to Israeli nuclear weapons?   Let’s get real, Mr. Prime Minister.

Wait a second, isn’t that President Barack Obama I see down the hall.  Excuse me, Mr. Prime Minister, I have a couple of questions to ask him.

Mr. President, Mr. President, a minute of your time?  Thank you, most accommodating of you.  I assume you’ve read Jeffrey Goldberg’s interview with Benjamin Netanyahu in Atlantic and the clarification piece in his Blog?  You have?  Good.  I’d like to know your response to the Israeli Prime Minister’s apparent challenge to you, do something about Iran’s nuclear capacity, or he will.  But first I’d like to check a few facts with you.  According to Wikipedia, the U.S. sent some 20 Billion dollars worth of arms to Israel between 2001 and 2007.  These and other numbers suggest that in effect Israel is just about entirely dependent upon the States for its military strength.  That sound about right to you, Mr. President?

I see you nodding, so I’ll take that as a yes.  Now, Mr. President, where does Mr. Netanyahu get off laying down the gauntlet to the United States President when he rules a country that is in effect a client state of the U.S.?  What is that, Mr. President, you’re sort of mumbling.  I thought I heard you say something about the pro-Israel lobby. What is that, Mr. President?  Oh, yes, you’d rather look forward than backward.  I see, but, but … yes, I know you’re busy and thank you for taking the time to speak with me. 

_________________________________________________________________________________________________________

 (Here is the Atlantic interview and the subsequent clarification)

Jeffrey Goldberg, Atlantic Magazine, March 31, 2009

 In an interview conducted shortly before he was sworn in today as prime minister of Israel, Benjamin Netanyahu laid down a challenge for Barack Obama. The American president, he said, must stop Iran from acquiring nuclear weapons—and quickly—or an imperiled Israel may be forced to attack Iran’s nuclear facilities itself.

“The Obama presidency has two great missions: fixing the economy, and preventing Iran from gaining nuclear weapons,” Netanyahu told me. He said the Iranian nuclear challenge represents a “hinge of history” and added that “Western civilization” will have failed if Iran is allowed to develop nuclear weapons.

In unusually blunt language, Netanyahu said of the Iranian leadership, “You don’t want a messianic apocalyptic cult controlling atomic bombs. When the wide-eyed believer gets hold of the reins of power and the weapons of mass death, then the entire world should start worrying, and that is what is happening in Iran.”

History teaches Jews that threats against their collective existence should be taken seriously, and, if possible, preempted, he suggested. In recent years, the Iranian president, Mahmoud Ahmadinejad, has regularly called for Israel to be “wiped off the map,” and the supreme Iranian leader, Ayatollah Khamenei, this month called Israel a “cancerous tumor.”

But Netanyahu also said that Iran threatens many other countries apart from Israel, and so his mission over the next several months is to convince the world of the broad danger posed by Iran. One of his chief security advisers, Moshe Ya’alon, told me that a nuclear Iran could mean the end of American influence in the Middle East. “This is an existential threat for Israel, but it will be a blow for American interests, especially on the energy front. Who will dominate the oil in the region—Washington or Tehran?”

Netanyahu said he would support President Obama’s decision to engage Iran, so long as negotiations brought about a quick end to Iran’s nuclear ambitions. “How you achieve this goal is less important than achieving it,” he said, but he added that he was skeptical that Iran would respond positively to Obama’s appeals. In an hour-long conversation, held in the Knesset, Netanyahu tempered his aggressive rhetoric with an acknowledgement that nonmilitary pressure could yet work. “I think the Iranian economy is very weak, which makes Iran susceptible to sanctions that can be ratcheted up by a variety of means.” When I suggested that this statement contradicted his assertion that Iran, by its fanatic nature, is immune to pressure, Netanyahu smiled thinly and said, “Iran is a composite leadership, but in that composite leadership there are elements of wide-eyed fanaticism that do not exist right now in any other would-be nuclear power in the world. That’s what makes them so dangerous.”

He went on, “Since the dawn of the nuclear age, we have not had a fanatic regime that might put its zealotry above its self-interest. People say that they’ll behave like any other nuclear power. Can you take the risk? Can you assume that?”

Netanyahu offered Iran’s behavior during its eight-year war with Iraq as proof of Tehran’s penchant for irrational behavior. Iran “wasted over a million lives without batting an eyelash … It didn’t sear a terrible wound into the Iranian consciousness. It wasn’t Britain after World War I, lapsing into pacifism because of the great tragedy of a loss of a generation. You see nothing of the kind.”

He continued: “You see a country that glorifies blood and death, including its own self-immolation.” I asked Netanyahu if he believed Iran would risk its own nuclear annihilation at the hands of Israel or America. “I’m not going to get into that,” he said.

Neither Netanyahu nor his principal military advisers would suggest a deadline for American progress on the Iran nuclear program, though one aide said pointedly that Israeli time lines are now drawn in months, “not years.” These same military advisers told me that they believe Iran’s defenses remain penetrable, and that Israel would not necessarily need American approval to launch an attack. “The problem is not military capability, the problem is whether you have the stomach, the political will, to take action,” one of his advisers, who spoke on condition of anonymity, told me.

Both Israeli and American intelligence officials agree that Iran is moving forward in developing a nuclear-weapons capability. The chief of Israeli military intelligence, Major General Amos Yadlin, said earlier this month that Iran has already “crossed the technological threshold,” and that nuclear military capability could soon be a fact: “Iran is continuing to amass hundreds of kilograms of low-enriched uranium, and it hopes to exploit the dialogue with the West and Washington to advance toward the production of an atomic bomb.”

American officials argue that Iran has not crossed the “technological threshold”; the director of national intelligence, Admiral Dennis Blair, said recently that Israel and the U.S. are working with the same set of facts, but are interpreting it differently. “The Israelis are far more concerned about it, and they take more of a worst-case approach to these things from their point of view,” he said. The chairman of the Joint Chiefs of Staff, Michael Mullen, recently warned that an Israeli attack on Iran’s nuclear facilities would undermine stability in the Middle East and endanger the lives of Americans in the Persian Gulf.

The Obama administration agrees with Israel that Iran’s nuclear program is a threat to Middle East stability, but it also wants Israel to focus on the Palestinian question. Netanyahu, for his part, promises to move forward on negotiations with the Palestinians, but he made it clear in our conversation that he believes a comprehensive peace will be difficult to achieve if Iran continues to threaten Israel, and he cited Iran’s sponsorship of such Islamist groups as Hezbollah and Hamas as a stumbling block.

 

Ya’alon, a former army chief of staff who is slated to serve as Netanyahu’s minister for strategic threats, dismissed the possibility of a revitalized peace process, telling me that “jihadists” interpret compromise as weakness. He cited the reaction to Israel’s unilateral withdrawal from Gaza four years ago. “The mistake of disengagement from Gaza was that we thought like Westerners, that compromise would defuse a problem—but it just encouraged the problem,” he said. “The jihadists saw withdrawal as a defeat of the West … Now, what do you signal to them if you are ready to divide Jerusalem, or if you’re ready to withdraw to the 1967 lines? In this kind of conflict, your ability to stand and be determined is more important than your firepower.”

American administration sources tell me that President Obama won’t shy from pressuring Netanyahu on the Palestinian issue during his first visit to Washington as prime minister, which is scheduled for early May. But Netanyahu suggested that he and Obama already see eye-to-eye on such crucial issues as the threat posed by Hamas. “The Obama administration has recently said that Hamas has to first recognize Israel and cease the support of terror. That’s a very good definition. It says you have to cease being Hamas.”

When I noted that many in Washington doubt his commitment to curtailing Jewish settlement on the West Bank, he said, in reference to his previous term as prime minister, from 1996 to 1999, “I can only point to what I did as prime minister in the first round. I certainly didn’t build new settlements.”

Netanyahu will manage Israel’s relationship with Washington personally—his foreign minister, Avigdor Lieberman, of the anti-Arab Israel Beiteinu party, is deeply unpopular in Washington—and I asked him if he could foresee agreeing on a “grand bargain” with Obama, in which he would move forward on talks with the Palestinians in exchange for a robust American response to Iran’s nuclear program. He said: “We intend to move on the Palestinian track independent of what happens with Iran, and I hope the U.S. moves to stop Iran from gaining nuclear weapons regardless of what happens on the Palestinian track.”

In our conversation, Netanyahu gave his fullest public explication yet of why he believes President Obama must consider Iran’s nuclear ambitions to be his preeminent overseas challenge. “Why is this a hinge of history? Several bad results would emanate from this single development. First, Iran’s militant proxies would be able to fire rockets and engage in other terror activities while enjoying a nuclear umbrella. This raises the stakes of any confrontation that they’d force on Israel. Instead of being a local event, however painful, it becomes a global one. Second, this development would embolden Islamic militants far and wide, on many continents, who would believe that this is a providential sign, that this fanaticism is on the ultimate road to triumph.

“Third, they would be able to pose a real and credible threat to the supply of oil, to the overwhelming part of the world’s oil supply. Fourth, they may threaten to use these weapons or to give them to terrorist proxies of their own, or fabricate terror proxies. Finally, you’d create a great sea change in the balance of power in our area—nearly all the Arab regimes are dead-set opposed to Iran’s acquisition of nuclear weapons. They fervently hope, even if they don’t say it, that the U.S. will act to prevent this, that it will use its political, economic, and, if necessary, military power to prevent this from happening.”

If Iran acquires nuclear weapons, Netanyahu asserted, Washington’s Arab allies would drift into Iran’s orbit. “The only way I can explain what will happen to such regimes is to give you an example from the past of what happened to one staunch ally of the United States, and a great champion of peace, when another aggressive power loomed large. I’m referring to the late King Hussein [of Jordan] … who was an unequalled champion of peace. The same King Hussein in many ways subordinated his country to Saddam Hussein when Saddam invaded Kuwait in 1990. Saddam seemed all-powerful, unchallenged by the United States, and until the U.S. extracted Kuwait from Saddam’s gullet, King Hussein was very much in Iraq’s orbit. The minute that changed, the minute Saddam was defeated, King Hussein came back to the Western camp.”

One of Iran’s goals, Netanyahu said, is to convince the moderate Arab countries not to enter peace treaties with Israel. Finally, he said, several countries in Iran’s neighborhood might try to develop nuclear weapons of their own. “Iran’s acquisition of nuclear weapons could spark a nuclear arms race in the Middle East. The Middle East is incendiary enough, but with a nuclear arms race it will become a tinderbox,” he said.

Few in Netanyahu’s inner circle believe that Iran has any short-term plans to drop a nuclear weapon on Tel Aviv, should it find a means to deliver it. The first-stage Iranian goal, in the understanding of Netanyahu and his advisers, is to frighten Israel’s most talented citizens into leaving their country.  “The idea is to keep attacking the Israelis on a daily basis, to weaken the willingness of the Jewish people to hold on to their homeland,” Moshe Ya’alon said. “The idea is to make a place that is supposed to be a safe haven for Jews unattractive for them. They are waging a war of attrition.”

The Israeli threat to strike Iran militarily if the West fails to stop the nuclear program may, of course, be a tremendous bluff. After all, such threats may just be aimed at motivating President Obama and others to grapple urgently with the problem. But Netanyahu and his advisers seem to believe sincerely that Israel would have difficulty surviving in a Middle East dominated by a nuclear Iran. And they are men predisposed to action; many, like Netanyahu, are former commandos.

As I waited in the Knesset cafeteria to see Netanyahu, I opened a book he edited of his late brother’s letters. Yoni Netanyahu, a commando leader, was killed in 1976 during the Israeli raid on Entebbe, and his family organized his letters in a book they titled Self-Portrait of a Hero. In one letter, Yoni wrote to his teenage brother, then living in America, who had apparently been in a fight after someone directed an anti-Semitic remark at him. “I see … that you had to release the surplus energy you stored up during the summer,” Yoni wrote. “There’s nothing wrong with that. But it’s too bad you sprained a finger in the process. In my opinion, there’s nothing wrong with a good fist fight; on the contrary, if you’re young and you’re not seriously hurt, it won’t do you real harm. Remember what I told you? He who delivers the first blow, wins.”

 

 

2009 03:27 pm Jeffrey Goldberg’s Blog

 

There’s some controversy about just what Bibi Netanyahu said to me when we were talking about the challenge President Obama faces on Iran. Gary Rosenblatt, the editor of the New York Jewish Week, writes:

 “This week (Goldberg) landed another major interview, this time with Benjamin Netanyahu on the day he was sworn in as Israeli prime minister. The interview offers insights into Netanyahu’s priorities and strategies in dealing with foreign policy. But it does not make good on its headline: “Netanyahu to Obama: Stop Iran – Or I Will.” Nowhere in the Goldberg piece does Netanyahu say that Israel plans to attack Iran, nor does it even hint that the new Israeli leader will offer an ultimatum to Obama.”

Rosenblatt’s got a partial point here — the headline is an interpretation of Netanyahu’s statements, and framed in such a way to perhaps make an Israeli prime minister squeamish — even when Israeli leaders make demands on America, they don’t like to be seen as making demands on America. On the other hand, Netanyahu signals in about a dozen different ways that if the world doesn’t deal with this problem, Israel will be forced to. And his advisers, speaking on background, made themselves even more clear.

But since there’s some confusion on this point — and since, through the miracle of blog technology, I can update articles as I see fit — I’ll give you two quotes that I neglected to include in the first piece. The first one is from one of Netanyahu’s defense advisers, speaking on background: “We have to make sure our friends in Washington know that we can’t wait forever. There will come a point soon when it will be too late to do anything about this program. We’re going carefully, but if we have to act, we will act, even if America won’t.”

The second is from Netanyahu: “Iran has threatened to annihilate a state or to have a state wiped off the map of the world. In historical terms, this is an astounding thing. It’s a monumental outrage that goes effectively unchallenged in the court of public opinion. Sure, there are perfunctory condemnations, but there’s no j’accuse – there’s no shock and there’s a resigned acceptance that this is acceptable practice. Bad things tend to get worse if they’re not challenged early. Iranian leaders talk about Israel’s destruction or disappearance while simultaneously creating weapons to ensure its disappearance.”

I followed this statement with a question: Is there any chance that Iran could be stopped through non-military means? Netanyahu responded: “Yes I do, but only if the military option is left on the table.”

Based on all these statements, I think it’s fair to say that Netanyahu, when he comes to America, will tell President Obama that should America fail to suppress the Iranian nuclear program, Israel will have to try.  

 

 

 

 

 

The Spanish’s Judge vs. Bush’s Architects of Torture April 1, 2009

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture.
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by Matthew Rothschild

Hallelujah, finally someone in authority is going after at least some of the Bushies who were the architects of the torture policies.

Tellingly, it’s not President Barack Obama or Attorney General Eric Holder.

In fact, it’s not anyone in the United States.

No, it’s the Spanish judge Baltasar Garzón, the same man who took down General Augusto Pinochet.

He’s drawn up a 98-page complaint (here’s a crude, computerized translation) against six former Bush Administration officials and has handed the complaint over to Spanish prosecutors.

The officials under investigation are:

Alberto Gonzales, who was White House counsel, and then Attorney General.

David Addington, Cheney’s chief of staff.

John Yoo, the Justice Department lawyer who wrote up some of the most infamous memos on torture.

Jay Bybee, who also drafted Justice Department policy on torture and amazingly is now an appellate court judge.

And William Haynes and Douglas Feith, who were high up in the Defense Department.

I’ve looked at the complaint, in rough translation as well as in its original Spanish, and it lays out, in detail, how these six individuals tried to “justify the unjustifiable” and legalize war crimes.

For instance, it cites a visit by Addington and Haynes to Guantanamo on September 25, 2002, where Addington ordered a lieutenant colonel to “do what needs to be done” in direct reference to obtaining information from a prisoners there.

It says that a memo Haynes drew up, and Rumsfeld approved, a list of “18 forms of torture.”

It says that the six people named were all lawyers and, malevolently used their legal skills “actively and decisively in the development, approval, and launching” of a dubious legal framework.

This framework denied “basic rights to a number of important prisoners,” it protected “people who participate in illegal activities and torture, and it was designed, “above all, to establish the absolute impunity for all officials, soldiers, doctors, and other staff” in Guantanamo.

Congratulations to Judge Garzón for refusing to accept impunity.

My only wish is that Judge Garzón would expand his list of targets to include not only the six mentioned above, but also Rumsfeld, Cheney, and yes, Bush, too.

Because they all were in on it.

Matthew Rothschild is the editor of The Progressive magazine.

Where’s the Outrage Over Workers Getting the Shaft? March 31, 2009

Posted by rogerhollander in Labor.
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By Marie Cocco

www.truthdig.com, Posted on Mar 30, 2009

    No cable television rants. No congressional hearing staged to publicly whip those responsible for so transparent a betrayal. Not a pitchfork in sight.

    You would be hard-pressed to know that American workers suffered a cruel defeat last week when Pennsylvania Sen. Arlen Specter—the lone Republican to have once supported a measure that would make it easier for workers to form unions and more likely that employers would negotiate in good faith—effectively killed the effort for this year.

    A Specter vote for the proposed Employee Free Choice Act, organized labor’s top legislative goal, was needed to break the expected filibuster by his fellow Republicans.

    The immediate cause of his flip-flop was a primary challenge that Specter is expected to face from former Rep. Pat Toomey, a card-carrying member of the vast right-wing conglomerate. Toomey, who came within a breath of toppling Specter in the 2004 primary, is president of the Club for Growth, an organization of conservatives that has as its guiding principle a fealty to pretty much every economic precept that has gotten us where we are today.

    The club’s view of sound economics is to make permanent the Bush tax cuts, which drain $2.2 trillion from the treasury over a decade and which, according to the nonpartisan Tax Policy Center, bestow the largest benefits on the top one-tenth of 1 percent of households—those with incomes of $3 million or more. The club also wants to permanently repeal the estate tax. This year, the Tax Policy Center found, about two-thirds of this tax will be paid by about 700 estates. The inheritors of these estates represent 0.03 percent of all anticipated heirs in 2009.

    Indirectly but indisputably, Toomey and the ideological brain trust that has given us such skewed policies have also managed to kill the most significant chance American workers had to push back against decades of job losses, benefit cuts and stagnant wages.

    But neither Toomey nor Specter did this alone. Business made defeat of the pro-union measure its top priority. It argued, deceptively, that it was ardently in favor of workers maintaining the right to vote for or against unions in secret-ballot elections when, in truth, such elections under current law are called not by workers but by employers who refuse to accept initial results of card check-offs that favor unionization. 

    Nonetheless, the economic downturn swiftly shredded the cloak of rhetoric about democracy. Business reverted to arguing that allowing workers to bargain for decent wages and benefits is a cost they should not bear. Even Specter took up this cant, arguing against “adding a burden” to business at the wrong time.

    So here is the essence of it: Largely unencumbered by unions, which now represent only about 7 percent of private-sector workers, American businesses have shipped jobs overseas, unilaterally cut benefits, kept wages stagnant or falling for most of the decade and laid off millions. The doctrine of nonintervention in the marketplace that is now the central argument against the proposed Employee Free Choice Act is the very same dogma that led us into the current financial crisis and the worst recession in at least three decades.

    Workers who did nothing to create the current economic crisis must now be kept powerless lest they create some future economic crisis we cannot yet imagine.

    The public—Pennsylvanians among them—voted against this sort of illogic just four short months ago. The AFL-CIO spent $250 million in last year’s elections on behalf of Barack Obama and many other Democrats it believed would be sympathetic to labor. But Obama, who endorsed the free choice act as a candidate, began obscuring his position almost as soon as he took office. And though Specter’s about-face is the most visible backstabbing, a handful of Senate Democrats worried about their own re-elections also were uncertain in their support and almost hostile in their public statements. It is unclear whether the measure would have passed the Senate even if Specter had voted to break his party’s filibuster and allowed a vote.

    American workers do not need friends whose subservience to the politics of self-preservation makes them indistinguishable from enemies. Remember this the next time these same so-called leaders join the frenzy over an irresponsibly greedy corporate culture—and then act decisively to keep it in place.

    Marie Cocco’s e-mail address is mariecocco(at)washpost.com.

© 2009, Washington Post Writers Group

If Only the World Had Listened March 29, 2009

Posted by rogerhollander in Iraq and Afghanistan, Israel, Gaza & Middle East, Peace, War.
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Posted on Mar 29, 2009, www.truthdig.com
Hurndall
telegraph.co.uk

Tom Hurndall was 21 when he was shot by an Israel Defense Forces sniper in Gaza in April 2003. He died in January 2004 after being in a coma for nine months.

By Robert Fisk

Editor’s note: This article was originally printed in The Independent.

I don’t know if I met Tom Hurndall. He was one of a bunch of “human shields” who turned up in Baghdad just before the Anglo-American invasion in 2003, the kind of folk we professional reporters make fun of. Tree huggers, that kind of thing. Now I wish I had met him because – looking back over the history of that terrible war – Hurndall’s journals (soon to be published) show a remarkable man of remarkable principle. “I may not be a human shield,” he wrote at 10.26 on 17 March from his Amman hotel. “And I may not adhere to the beliefs of those I have travelled with, but the way Britain and America plan to take Iraq is unnecessary and puts soldiers’ lives above those of civilians. For that I hope that Bush and Blair stand trial for war crimes.”

Hurndall got it about right, didn’t he? It wasn’t so simple as war/no war, black and white, he wrote. “Things I’ve heard and seen over the last few weeks proves what I already knew; neither the Iraqi regime, nor the American or British, are clean. Maybe Saddam needs to go but … the air war that’s proposed is largely unnecessary and doesn’t discriminate between civilians and armed soldiers. Tens of thousands will die, maybe hundreds of thousands, just to save thousands of American soldiers having to fight honestly, hand to hand. It is wrong.” Oh, how many of my professional colleagues wrote like this on the eve of war? Not many.

We pooh-poohed the Hurndalls and their friends as groupies even when they did briefly enter the South Baghdad electricity station and met one engineer, Attiah Bakir, who had been horrifyingly wounded 11 years earlier when an American bomb blew a fragment of metal into his brain. “You can see now where it struck,” Hurndall wrote in an email from Baghdad, “caving in the central third of his forehead and removing the bone totally. Above the bridge of his broken nose, there is only a cavity with scarred skin covering the prominent gap…”

A picture of Attiah Bakir stares out of the book, a distinguished, brave man who refused to leave his place of work as the next war approached. He was silenced only when one of Hurndall’s friends made the mistake of asking what he thought of Saddam’s government. I cringed for the poor man. “Minders” were everywhere in those early days. Talking to any civilian was almost criminally foolish. Iraqis were forbidden from talking to foreigners. Hence all those bloody “minders” (many of whom, of course, ended up working for Baghdad journalists after Saddam’s overthrow).

Hurndall had a dispassionate eye. “Nowhere in the world have I ever seen so many stars as now in the western deserts of Iraq,” he wrote on 22 February. “How can somewhere so beautiful be so wrought with terror and war as it is soon to be?” In answer to the questions asked of them by the BBC, ITV, WBO, CNN, al-Jazeera and others, Hurndall had no single reply. “I don’t think there could be one, two or 100 responses,” he wrote. “To each of us our own, but not one of us wants to die.” Prophetic words for Tom to have written.

You can see him smiling selflessly in several snapshots. He went to cover the refugee complex at Al-Rowaishid and moved inexorably towards Gaza where he was confronted by the massive tragedy of the Palestinians. “I woke up at about eight in my bed in Jerusalem and lay in until 9.30,” he wrote. “We left at 10.00… Since then, I have been shot at, gassed, chased by soldiers, had sound grenades thrown within metres of me, been hit by falling debris…”

Hurndall was trying to save Palestinian homes and infrastructure but frequently came under Israeli fire and seemed to have lost his fear of death. “While approaching the area, they (the Israelis) continually fired one- to two-second bursts from what I could see was a Bradley fighting vehicle… It was strange that as we approached and the guns were firing, it sent shivers down my spine, but nothing more than that. We walked down the middle of the street, wearing bright orange, and one of us shouted through a loudspeaker, ‘We are International volunteers. Don’t shoot!’ That was followed by another volley of fire, though I can’t be sure where from…”

Tom Hurndall had stayed in Rafah. He was only 21 where – in his mother’s words – he lost his life through a single, selfless, human act. “Tom was shot in the head as he carried a single Palestinian child out of the range of an Israeli army sniper.” Mrs Hurndall asked me to write a preface to Tom’s book and this article is his preface, for a brave man who stood alone and showed more courage than most if us dreamed of. Forget tree huggers. Hurndall was one good man and true.

CCR to Argue for Prosecutions Before International Body as Evidence Accumulates March 18, 2009

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War.
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(Letter from the Center for Constitutional Rights with respect to the prosecution of the Bush Administration U.S. war criminals.  For furhter information: http://ccrjustice.org/100days)

Dear CCR Supporter,

As the atrocities of the Bush administration continue to be exposed, it is critical now more than ever to keep up the pressure and demand accountability from the high-ranking officials responsible for torture and war crimes.

The Inter-American Commission on Human Rights (IACHR), a pan-American body dedicated to the promotion and protection of human rights, is conducting a hearing at the request of CCR and the World Organization for Human Rights USA. On Friday, March 20, 2009 CCR President Michael Ratner will argue that U.S. officials must be held accountable for human rights violations, on live webcast on Friday, March 20, from 3:15 PM to 4:15 PM at http://www.oas.org/OASpage/Live, the website of the Organization of American States. It will be archived thereafter at the IACHR website, http://www.iachr.org/.

CCR and HRUSA will argue that the Commission should:

In addition to the IACHR hearing, which further demonstrates the need for prosecutions of Bush administration officials, the International Committee of the Red Cross (ICRC) compiled an extensive confidential report that was leaked to journalist Mark Danner. The ICRC report exposes the systematic use of torture and cruel, inhuman and degrading treatment against detainees in secret CIA “black sites.” Using information from the report, Danner compellingly exposes the “enhanced interrogation techniques” for what they are – brutal crimes authorized at the highest levels of the Bush administration.

Also in the news, former vice president Dick Cheney, once again justified the criminal conduct of the Bush administration and called for the resumption of his programs in an interview with CNN this week. Cheney participated in the so-called Principals Committee meetings that authorized torture and war crimes, and has repeatedly and openly defended the use of torture, including waterboarding. CCR’s 100 Days campaign offers actions, tools and resources to hold war criminals like Cheney accountable for torture and other human rights abuses..

Stand with us to secure justice for the victims and survivors of the Bush administration’s crimes.


Sincerely,

Annette Dickerson
Director of Education and Outreach

  •  Issue official recommendations to the United States to engage in criminal investigations and prosecutions for torture, cruel, inhuman and degrading treatment;
  • Reform laws that prevent the victims of U.S. policies from learning the truth about these abuses; and
  • Make reparations to victims of human rights abuses committed by the U.S. government.
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