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Confronting the lies about the Iraq invasion March 18, 2013

Posted by rogerhollander in Dick Cheney, George W. Bush, Iraq and Afghanistan, Media, War.
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Statement by Brian Becker, national coordinator of the ANSWER Coalition, on the 10th anniversary of the invasion of Iraq

Confronting the lies about the Iraq invasion

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

january-18-2003-washington-dc-antiwar

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

 

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

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

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

This is a fanciful and false account.

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

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

An unprecedented, massive anti-war movement

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

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

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

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

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

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

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

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

Why the race toward war

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

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

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

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

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

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

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

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

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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.

The Fascist Moses September 10, 2011

Posted by rogerhollander in History.
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Roger’s note: A stroll down Memory Lane for those of us who lived through and survived the 60s, 70s, etc.

By David Glenn Cox

(about the author)
www.opednews.com, September 10, 2011

Let’s kick Richard Nixon, its great fun; we all did it at parties back in the 1970s. But that was the previous generation and this generation has missed out on the fun, like Woodstock. Unbeknownst to this current generation there would have been hundreds of fistfights and stabbings at Woodstock had it not been for three little words, “f**k Richard Nixon!”

All one had to do was simply step between the adversaries and say, “Come on now, guys, hey, look. f**k Richard Nixon!” Instantly the opponents would separate and begin to smile and agree, “Yeah, you’re right, man. f**k Richard Nixon!” The potential warriors would depart as buddies and would exchange bong hits until their eyeballs melted in their sockets and they would forget all about their conflicts.

That was in the twilight’s last gleaming of American democracy, when a President could still be removed from office for malfeasance. Let me rephrase that, Richard Nixon could be removed from office for malfeasance; it’s doubtful whether anyone else could be. I know all about George W. Bush and Bush was a drunken, coke-snorting, mean-spirited, frat boy. There is no doubt in my mind that he is the truest definition of a sociopath, but Nixon was just plain crazy.

Nixon had paranoid delusions that people were out to get him and so he responded with bile, tirades, enemy lists and dirty tricks. Because of his paranoid delusions he alienated everyone around him until even members of his own party would walk all the way across the street just to piss on Richard Nixon. Eventually these self-fulfilling, paranoid delusions gave to Richard Nixon a kind of an Eeyore quality.

Nixon’s most trusted advisor was Henry Kissinger and Nixon only trusted him while he was in the room. Kissinger’s first government job was as a translator for the head of the CIA, Allen Dulles. Kissinger was his protege and it was Dulles who helped to plan the Bay of Pigs invasion and Dulles who told Kennedy that he needed to launch an unprovoked, full-scale military attack on Cuba. Kennedy fired Dulles and his Deputy Director Charles Cabell, whose brother Earl Cabell changed the presidential motorcade route in Dallas.

Nice folks. It was Dulles who proposed a plan to fake an aircraft hijacking and to blame it on Cuba. This is where this cast of unknowns began their rise into the halls of corporate fascism. George Bush, E. Howard Hunt, Porter Goss were all operatives under Dulles, and after Dulles was fired their futures were in question. But when Richard Nixon chose Henry Kissinger as Secretary of State their meal tickets became safe and secure. Meanwhile, on the other side of the world, CIA operative General Richard Secord was moving heroin on military aircraft in Vietnam and depositing the profits in banks in Australia. Then Secord began to sell pilfered US military hardware to friend and foe alike, and when this was discovered Secord was promoted!

Nixon ran for the presidency with the promise of a secret plan to end the Vietnam War. His secret plan, as it turned out, was this: get Richard Nixon elected President and then fight the North Vietnamese until they give up. Nixon authorized the secret bombings of neutral countries, as well as illegal invasions. Cambodia’s President Norodom Sihanouk was playing both sides so the CIA had him overthrown. Sihanouk had signed a secret pact with China in 1965 but was playing footsie with the CIA, so when the CIA disposed of him, China said, “Good riddance!”

Kennedy wouldn’t expand the Vietnam War, and well, he had an accident. So when Richard Nixon ended the Vietnam War without a victory he, well, he had an accident, too. After invading and bombing civilian areas in neutral countries and bombing civilian and humanitarian targets in North Vietnam, Nixon was removed from office because of a bungled burglary and financial campaign irregularities, and Americans with a straight face say the Catholic Church is in denial!

With Spiro Agnew’s departure due to racketeering conviction two chief executives of the country are removed from office within ten months and no one suspects anything is amiss. No one suspects levers behind the throne but Gerald Ford is elected President by one vote, Richard Nixon’s vote. Ford’s lone claim to fame was to pardon Richard Nixon to end the long national nightmare of Watergate. Nightmare is a good synonym for the coup d’etat that happened while America slept. Two attempts were made on Ford’s life in little more than two years and who was the director of the CIA then? Anyone? Why, it was good old George H. W. Bush.

The first Witch says, “When shall we three meet again, In thunder, lightning, or in rain?”

The second Witch, “When the hurlyburly’s done, When the battle’s lost and won.”

The third Witch says, “That will be ere the set of sun.”

The first Witch, “Where the place?”

The second Witch, “Upon the heath.”

The third Witch, “There to meet with Macbeth.”

All, “Fair is foul, and foul is fair: Hover through the fog and filthy air.”

Gerald Ford was lampooned in the press as a buffoon and even though he was a buffoon he never shot his friend in the face on a drunken hunting excursion or played golf with a Supreme Court Judge who might have to hear cases involving his administration. So either you’re in or you’re out. James Earl Carter was elected with on strong anti-Washington sentiment and Washington responded with a strong Anti-Carter sentiment. For four years Carter and his staff complained of phone calls not being returned and policies not being carried out. Riots and demonstrations were happening in Tehran; did anyone think of reducing the embassy staff or closing the embassy? That’s the job the CIA is supposed to do, and when the Iranians took Americans hostage, who took the fall?

When the military rescue mission failed, who took the fall?

The hostages were released twenty minutes after the swearing in of Ronald Reagan, but the story goes that no deals were struck. Sure, I believe. Somehow the Reagan camp came into possession of Carter’s national security briefings and even Carter’s debate notes. Richard Allen was Reagan’s foreign policy chief during the campaign and he said that he was told to report to Theodore Shackley. Shackley had been fired from the CIA by the Carter administration and it was Theodore Shackley who was the station chief in Miami during the Bay of Pigs invasion and the senior agent was E. Howard Hunt.

So who did the Carter administration suspect had been leaking the classified documents? Two national security officials named Donald Gregg and Robert Gates. That’s somewhat illuminating considering Gates was the lone holdover from the Bush administration. Shackley reported to Bush Senior on the campaign and Gregg reported directly to Shackley.

So Reagan gets elected and hell comes to breakfast: tax cuts for the rich, education cuts for the poor. The giveaways of national resources to coal and timber interests. Drug smuggling in South America, the looting of the savings and loans. For the CIA it was glory days until something went horribly wrong just sixty-nine days into Reagan’s first term. Another of America’s oh so famous lone nuts with a gun shot Reagan as he walked out the front door of the hotel where he was speaking.

I’ll repeat that, the President of the United States walked out the front door of the hotel. Does that sound like good security policy to you? Reagan and aide James Brady were hit with bullets and the hospital was immediately notified, but Reagan’s limo showed up at the hospital almost fifteen minutes after Brady’s and no stretcher was waiting. The excuse given was that the driver, a highly-trained ten year veteran of the Washington Secret Service, got lost in his own hometown. If you had told me that he got lost in Omaha, maybe I’d believe it. If you pulled a stunt like that in Stalin’s Russia, you and your family would be chopping wood in Siberia for generations to come.

During his short tenure as Secretary of State, Al Haig had complained that someone within the administration had been trying to undermine him in the eyes of the President. After hearing that the President had been shot it was Haig’s staff who notified Vice President Bush who was away giving a speech in Fort Worth. It was Haig who convened the cabinet for a status report and began an investigation into the shooter or shooters and then made his famous “I am in charge” statement, which meant that he was in charge of the White House until Bush returned. He later said that Bush had agreed to this over the phone.

When Bush returned to the White House he cancelled the investigation into the shooter or shooters and Haig was then vilified in the press. Al Haig had been hired by Henry Kissinger to serve in the Nixon administration in 1969. Secretary of state George Schultz was also a Nixon/Kissinger protege as were Donald Rumsfeld, Dick Cheney and Paul Bremer. Nixon begat Reagan, Reagan begat Bush, Bush begat son of Bush.

In the first one hundred and seventy-four years of American history there were three assassination attempts on chief executives and candidates, with only two being successful. Since 1963 there have been six assassinations or attempts: John Kennedy, Robert Kennedy, Gerald Ford (twice), George Wallace and Ronald Reagan. Interestingly when Wallace ran in 1968 he ran as a Democrat and was seen as taking votes away from Democrats. When he ran again in 1972 he ran as an independent and was expected to take votes from Republicans and was shot by yet another lone nut with a gun.

In one hundred and seventy-four years only one chief executive was ever impeached. Since 1968 one President was impeached, one President stepped down to keep from being impeached and one Vice President resigned upon conviction for racketeering.

It is tied and twisted like a Gordian Knot; the fiascos and failures of a generation of political leadership can all be tied to the tail of one delusional paranoid, but the names and numbers speak for themselves. It is impossible to say that it all happened because of Richard Nixon, but Nixon hired Kissinger and in doing so made himself the Fascist Moses.

We have wandered in the political desert for forty years and we cannot seem to find our way home. Maybe defense secretary Robert Gates knows the way; He was a Kissinger protege. Maybe Treasury Secretary Tim Geithner knows; he worked for Kissinger, too. Maybe CIA Director Panetta knows. He, too, worked in the Nixon administration. Funny, isn’t it? Defense, Treasury and CIA.

America’s Disappeared July 18, 2011

Posted by rogerhollander in Argentina, Barack Obama, Criminal Justice, Human Rights, Latin America, Torture.
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Published on Monday, July 18, 2011 by TruthDig.com 

  by  Chris Hedges

Dr. Silvia Quintela was “disappeared” by the death squads in Argentina in 1977 when she was four months pregnant with her first child. She reportedly was kept alive at a military base until she gave birth to her son and then, like other victims of the military junta, most probably was drugged, stripped naked, chained to other unconscious victims and piled onto a cargo plane that was part of the “death flights” that disposed of the estimated 20,000 disappeared. The military planes with their inert human cargo would fly over the Atlantic at night and the chained bodies would be pushed out the door into the ocean. Quintela, who had worked as a doctor in the city’s slums, was 28 when she was murdered.(Illustration by Mr. Fish)

A military doctor, Maj. Norberto Atilio Bianco, who was extradited Friday from Paraguay to Argentina for baby trafficking, is alleged to have seized Quintela’s infant son along with dozens, perhaps hundreds, of other babies. The children were handed to military families for adoption. Bianco, who was the head of the clandestine maternity unit that functioned during the Dirty War in the military hospital of Campo de Mayo, was reported by eyewitnesses to have personally carried the babies out of the military hospital. He also kept one of the infants. Argentina on Thursday convicted retired Gen. Hector Gamen and former Col. Hugo Pascarelli of committing crimes against humanity at the “El Vesubio” prison, where 2,500 people were tortured in 1976-1978. They were sentenced to life in prison. Since revoking an amnesty law in 2005 designed to protect the military, Argentina has prosecuted 807 for crimes against humanity, although only 212 people have been sentenced. It has been, for those of us who lived in Argentina during the military dictatorship, a painfully slow march toward justice.

Most of the disappeared in Argentina were not armed radicals but labor leaders, community organizers, leftist intellectuals, student activists and those who happened to be in the wrong spot at the wrong time. Few had any connection with armed campaigns of resistance. Indeed, by the time of the 1976 Argentine coup, the armed guerrilla groups, such as the Montoneros, had largely been wiped out. These radical groups, like al-Qaida in its campaign against the United States, never posed an existential threat to the regime, but the national drive against terror in both Argentina and the United States became an excuse to subvert the legal system, instill fear and passivity in the populace, and form a vast underground prison system populated with torturers and interrogators, as well as government officials and lawyers who operated beyond the rule of law. Torture, prolonged detention without trial, sexual humiliation, rape, disappearance, extortion, looting, random murder and abuse have become, as in Argentina during the Dirty War, part of our own subterranean world of detention sites and torture centers.

We Americans have rewritten our laws, as the Argentines did, to make criminal behavior legal. John Rizzo, the former acting general counsel for the CIA, approved drone attacks that have killed hundreds of people, many of them civilians in Pakistan, although we are not at war with Pakistan. Rizzo has admitted that he signed off on so-called enhanced interrogation techniques. He told Newsweek that the CIA operated “a hit list.” He asked in the interview: “How many law professors have signed off on a death warrant?” Rizzo, in moral terms, is no different from the deported Argentine doctor Bianco, and this is why lawyers in Britain and Pakistan are calling for his extradition to Pakistan to face charges of murder. Let us hope they succeed.

We know of at least 100 detainees who died during interrogations at our “black sites,” many of them succumbing to the blows and mistreatment of our interrogators. There are probably many, many more whose fate has never been made public. Tens of thousands of Muslim men have passed through our clandestine detention centers without due process. “We tortured people unmercifully,” admitted retired Gen. Barry McCaffrey. “We probably murdered dozens of them …, both the armed forces and the C.I.A.”

Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants. Habeas corpus no longer exists. American citizens can “legally” be assassinated. Illegal abductions, known euphemistically as “extraordinary rendition,” are a staple of the war on terror. Secret evidence makes it impossible for the accused and their lawyers to see the charges against them. All this was experienced by the Argentines. Domestic violence, whether in the form of social unrest, riots or another catastrophic terrorist attack on American soil, would, I fear, see the brutal tools of empire cemented into place in the homeland. At that point we would embark on our own version of the Dirty War.

Marguerite Feitlowitz writes in “The Lexicon of Terror” of the experiences of one Argentine prisoner, a physicist named Mario Villani. The collapse of the moral universe of the torturers is displayed when, between torture sessions, the guards take Villani and a few pregnant women prisoners to an amusement park. They make them ride the kiddie train and then take them to a cafe for a beer. A guard, whose nom de guerre is Blood, brings his 6- or 7-year-old daughter into the detention facility to meet Villani and other prisoners. A few years later, Villani runs into one of his principal torturers, a sadist known in the camps as Julian the Turk. Julian recommends that Villani go see another of his former prisoners to ask for a job. The way torture became routine, part of daily work, numbed the torturers to their own crimes. They saw it as a job. Years later they expected their victims to view it with the same twisted logic.

Human Rights Watch, in a new report, “Getting Away With Torture: The Bush Administration and Mistreatment of Detainees,” declared there is “overwhelming evidence of torture by the Bush administration.” President Barack Obama, the report went on, is obliged “to order a criminal investigation into allegations of detainee abuse authorized by former President George W. Bush and other senior officials.”

But Obama has no intention of restoring the rule of law. He not only refuses to prosecute flagrant war crimes, but has immunized those who orchestrated, led and carried out the torture. At the same time he has dramatically increased war crimes, including drone strikes in Pakistan. He continues to preside over hundreds of the offshore penal colonies, where abuse and torture remain common. He is complicit with the killers and the torturers.

The only way the rule of law will be restored, if it is restored, is piece by piece, extradition by extradition, trial by trial. Bush, Dick Cheney, Donald Rumsfeld, former CIA Director George Tenet, Condoleezza Rice and John Ashcroft will, if we return to the rule of law, face trial. The lawyers who made legal what under international and domestic law is illegal, including not only Rizzo but Alberto Gonzales, Jay Bybee, David Addington, William J. Haynes and John Yoo, will, if we are to dig our way out of this morass, be disbarred and prosecuted. Our senior military leaders, including Gen. David Petraeus, who oversaw death squads in Iraq and widespread torture in clandestine prisons, will be lined up in a courtroom, as were the generals in Argentina, and made to answer for these crimes. This is the only route back. If it happens it will happen because a few courageous souls such as the attorney and president of the Center for Constitutional Rights, Michael Ratner, are trying to make it happen. It will take time—a lot of time; the crimes committed by Bianco and the two former officers sent to prison this month are nearly four decades old. If it does not happen, then we will continue to descend into a terrifying, dystopian police state where our guards will, on a whim, haul us out of our cells to an amusement park and make us ride, numb and bewildered, on the kiddie train, before the next round of torture.

© 2011 TruthDig.com

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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.

 

 

 

 

21 Comments so far

Posted by sivasm
Jul 18 2011 – 9:03am

Chris Hedges, as always one of the best piece I’ve read especially on Obama. I will rejoice when they drag Obama in chains, together with his cronies to stand trials for crimes against humanity.

Posted by Gdpxhk
Jul 18 2011 – 9:12am

Obama is just another puppet. He would only be replaced by another marionette. The men in the shadows need to be revealed like night crawlers under a rock. Follow the money trail and they can be found, but would anyone listen? Actually, I should say, follow the gold trail as fiat money means nothing to these creatures…and they will have all the gold.

Posted by Richard-Ralph-Roehl
Jul 18 2011 – 9:11am

After reading this disturbing article, another masterpiece of sober truth-telling by Chris Hedges, I’m not entirely surprised there no comments yet posted herein. Hedges’ article makes one wonder if blogging makes people a target for nefarious action by Amerika’s $ociopathic ruling class. And like Mr. Hedges, I blog under my legal name. Perhaps I’m more brave (or foolish) than I believe I am. Albeit… I’m not as brave as Mr. Hedges.

It is my opinion that Amerika’s foreign policy is delusional, violent and criminallly insane. It is the fruit of $ociopaths and psychopaths. It is why 9-11 happened.

And Amerika’s domestic policy isn’t much different. It is cruel and stupid and mean-espirited. I rest my case on the latter policy with the damn War on Drrrugs, a vicious minded policy that is the antithesis of personal freedom. Rome is burning! It burns because Amerika’s rapacious ruling class has the insight of rabid dogs.

Amerika is NOT a beacon of light for the world. It is a violent, war mongering beast that pushes humanity down the road toward an extinction event. It is evil.

What to do? Well… you don’t pet rabid dogs. You fukin’ shoot ‘em!

Posted by Thalidomide
Jul 18 2011 – 9:12am

Obama is the leader of a terrorist theocracy and in case people think things will get better someday it is important to realize that a large majority of young Americans support torture.

Posted by Demonstorm
Jul 18 2011 – 11:25am

Correct. You always hear about “someday, our children will ask us why we did what we did – why did we leave them such a horrible nation.” WRONG. Young people today grew up in this Orwellian police state – they don’t know how Amerika “used to be.” This is the “norm” to them. They are growing up quite acclimated to torture, illegal invasions, the destruction of civil liberties once enshrined in the Constitution, no habeas corpus, the president claiming he has the powers of a dictator, etc.

As Thalidomide says – don’t count on our youth to straighten out the mess we are making. They will take the ball we have handed to them and run with it.

Posted by James Edwards
Jul 18 2011 – 9:17am

The USA is far worse than Argentina was. The body count, the period of time, the area over which the US’ns have killed and their glee makes this blatantly clear.
The USA is a grand human mistake (actually fuck-up in modern parlance). Humanity must eradicate its influence. There is no other way forward. Present US citizens are part of humanity and have a duty to perform. They must deny the authority of their government and the validity of the structure called the USA.
Hedges does not write so and as the likes of Steve Biko have discovered it is dangerous to do so, but it is so and those who cannot see so are in Hell already.
We must remember that it is an honour if Hell kicks us out.
The man Jesus said so and he was no Christian.

Posted by raydelcamino
Jul 18 2011 – 10:19am

Definitely far worse…Argentine facists actions killed Argentinians, American fascists kill people from every nation on earth.

Posted by Space Cadet
Jul 18 2011 – 9:43am

Excellent analogy.  Americans like to consider themselves as a first world country while they label Argenrina as some backward, third world country with no respect for the rule of law.  Unfortunately the American ruling class feels confident that they will never see the inside of a cortroom because of their wealth, sense of moral superiority and a complacent population that basically says… “better them than me”.
I for one, don’t see any of the culprits being brought to justice in my lifetime because most Americans still buy into the official State line that they’re just “doing their job” to help keep us safe.  Muslims have been vilified so successfully that the average American feels nervous next to a Middle Eastern man if he dons a long beard and speaks a foreign language.  We cloak our racism in the camoflauge of patriotism as we place  ‘support pur troops’ bumper stickers on our cars and wave tiny American flags as military processions roll by in tanks and armoured personnel carriers.  We’re taught to hold our founding fathers in high esteem while ignoring uncomfortable truths about them such as their slaves, genocide of the aboriginals and their selfish, financial motivations for declaring war on behalf or their fellow countrymen.
Critical thinking in our schools have been replaced by standarized tests that just have the narrow focus of honing our literacy and numeracy skills so that we may all be able to improve our chances of entering that rapidly shrinking employment pool known as corporate America in exchange for minimal wages, routine drug tests and a psychotic corporate mantra that places profits above family, empathy and morality.
One thing Argentina lacked compared to their U.S. contemporaries is the omnipotent influence of their State propaganda apparatus.  The Argentine elite couldn’t unabashedly expect a private media to cheer lead their crimes and responded with their own State run media lies.  But it had neither the sophistication, the reach or the deep pockets that America has and the populace quickly ignored it for the bunk that it was.
The elite in the U.S. have no such worries as the masses goose step with pride in defence of the status quo boasting of a free press, the greatest military in the world and a country personally blessed by God Almighty.  Everyone’s on board, or at least those who really matter  as we assuage our moral conscience that only America can save the world if the world would only embrace Big Macs, Paris Hilton and the Super Bowl as proof of a superior culture.  How stubborn the world must seem to be, when so few recognize that unchecked consumerism, limitless entertainment and blind patriotism are the only true paths to happiness.

Posted by Demonstorm
Jul 18 2011 – 11:30am

Extremely well-said. It is scary how much Amereichans today resemble Germans of the 30’s and 40’s. Only worse. Back then, at least many Germans could use the excuse they didn’t know what their government was really doing. Amereichans see it every day and don’t give a rat’s ass, for the reasons you so well stated. Indoctrinated and acclimated to Amerikka the Great, anything and everything she does is hunky-dory for them. They say most evil people don’t really believe they are evil, in their own minds. No better example of this exists than in this country.

Posted by memento
Jul 18 2011 – 9:44am

Hedges writes:

“Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants.”

I am having problems believing what Hedges has written. If each disappeared American had at least 10 friends and relatives, then well over 400,000 Americans a year would experience personally knowing someone who was disappeared by militarized police units breaking down doors. Someone, please explain where Hedges gets the numbers he writes.

Posted by Brian Brademeyer
Jul 18 2011 – 10:15am

>>>> Militarized police units break down the doors of some 40,000 Americans a year and haul them away …

Hint: The “blue” text (haul them away) in the article is a link to more information (assuming you’re not just a concern troll and actually want to learn).

Posted by gardenernorcal
Jul 18 2011 – 10:50am

I am not sure where Mr. Hedges got his information but there is information out there.

http://www.immigrantjustice.org/isolatedindetention

http://latimesblogs.latimes.com/laplaza/2010/09/immigration-detention-report.html

http://www.detentionwatchnetwork.org/aboutdetention

“The recent impact of ICE enforcement includes:

•Approximately 380,000 immigrants were detained in 2009, more than 30,000 people per day. The average length of detention is currently 33.5 days.
•More than 369,211 immigrants were deported in 2009, a record for the agency and a twenty seven percent increase from 2007.
•DHS has spent over $2.8 billion on efforts to deport immigrants since the creation of ICE in 2003.
•In total, 3.7 million immigrants have been deported since 1994.
•A 12 fold increase in worksite arrests between 2002 and 2008. A new trend is to use “identify theft” charges to put immigrants in the category of “criminal alien” to make it easier to deport them.
•Over 100 “Fugitive Operations Teams” and the development of other specialized operations. ICE claims these are focused on specific groups but they are often used as a pretext for wide scale arrests in apartment complexes, workplaces, and public spaces.
•67% of ICE detainees are housed in local and county jail facilities, 17% in contract detention facilities, 13% in ICE-owned facilities, and 3% in other facilities such as those run by the Bureau of Prisons.
•According to the Washington Post, “with roughly 1.6 million immigrants in some stage of immigration proceedings, the government holds more detainees a night than Clarion Hotels have guests, operates nearly as many vehicles as Greyhound has buses and flies more people each day than do many small U.S. airlines.” (Washington Post, February 2, 2007)”

http://www.detentionwatchnetwork.org/node/2382

Posted by Randy G
Jul 18 2011 – 11:10am

Memento — as Brian mentioned there is a link to Hedges’ assertion & you might want to read it on Truth Dig.

What may have confused you is that you seem to assume that Hedges is claiming that the 40,000 were executed clandestinely and never seen again. He is simply describing the number of arrests performed during which police execute military style raids in the middle of the night — often without knocking.

There are many, many incidents where it later turns out police have raided the wrong house, innocent people are shot, and the level of police violence in the raid is out of all reasonable proportion to the alleged offense.

Here is one tragic example of a raid gone bad:

http://www.huffingtonpost.com/2010/05/17/aiyana-jones-7-year-old-s_n_578246.html

I don’t want to bore you with the details, but I was recently surrounded –while camping legally in my car– by over a dozen sheriff’s officers with semi-automatic weapons and night vision goggles. This occurred in Arizona. It was, needless to say,  scary. They screamed at me to keep my hands in clear site while I was “laser sighted” from multiple rifles.

There was no warrant, there was no evidence of me doing anything wrong (I was asleep but my dogs started barking at them), and they admitted that I had committed no crime. I was 100 miles from the border but they had ‘suspicions’ that I might be a drug trafficker….

I wrote up more details in an earlier post but my main point is that I could have easily been killed if I had slipped trying to get out of the car or seemed like I was reaching for a gun.

They had not even bothered to run my vehicle license plate before launching their little raid. Since I was eventually let go without being arrested (or shot) there is not even an official statistic on this encounter.

There is no presumption of innocence and the 4th amendment is a joke.

You have to experience or witness something like this to appreciate how totally militarized our police have become. This is not a highway patrol officer cautiously approaching your car after stopping you for speeding.

The total number of arrests in the U.S. — much of it in the service of the ‘drug war’– is simple  mind boggling.

How many arrests per year are made in the U.S.?

14,172,384.

“From 2005 to 2008, there are on average 14,172,384 arrests made per year in the United States. This is based on data from the U.S. Federal Bureau of Investigation’s Uniform Crime Reporting program. Of all reported arrests, drug abuse violations remains the greatest, with on average 1,819,970 arrests made per year.”

http://www.numberof.net/number-of-arrests-per-year/

“Arrests for drug law violations this year are expected to exceed the 1,663,582 arrests of 2009. Law enforcement made more arrests for drug abuse violations (an estimated 1.6 million arrests, or 13.0 percent of the total number of arrests) than for any other offense in 2009.”

“Someone is arrested for violating a drug law every 19 seconds.”

http://www.drugsense.org/cms/wodclock

http://able2know.org/topic/172440-1

Posted by Jill
Jul 18 2011 – 9:52am

Gdpxhk,

Arrest a puppett and he will tell you who pulls his strings.

I agree that following the money is also essential.

Posted by readytotransform
Jul 18 2011 – 10:11am

.

Posted by Oikos
Jul 18 2011 – 10:18am

Richard-Ralph-Roehl, Jul 18 2011 – 9:11am, is unfortunately right.

What a painful, albeit necesary, article by Hedges.

Posted by Jim Shea
Jul 18 2011 – 10:36am

Thanks again to Chris Hedges. Unfortunately, he is a voice crying in the wilderness, and NOTHING will be done to bring the American war criminals to justice. We American are too caught up in our own mythology.
Jim Shea

Posted by Stig
Jul 18 2011 – 10:50am

The concerted effort by thousands of ordinary Argentinians, over decades, made sure the junta responsible were punished. In the States there is no equivalent embodiment of injustice by its citizens, no strong sense of moral outrage, nothing to bring ordinary people together, to insure a prison cell for Bush, Cheney and the rest of them. There is no cacerolada here, our hands and voices have been effectively amputated, by ourselves. Indeed, Bush would probably receive a Nobel peace prize, before anything here, resembles the type of justice that is taking place in Argentina.

Posted by downtownwalker
Jul 18 2011 – 11:03am

“Bush, Dick Cheney, Donald Rumsfeld, former CIA Director George Tenet, Condoleezza Rice and John Ashcroft will, if we return to the rule of law, face trial. “
I will certainly feel less “soiled” by my country’s dirty deeds when some of our laundry has been hung. No doubt that we are no longer a country where the “rule of law” means much any more. Hopefully one day that will change (and it will probably change “in one day”).

Posted by chaokoh
Jul 18 2011 – 11:24am

The condors* have come home to roost.

*http://en.wikipedia.org/wiki/Operation_Condor

Posted by chaokoh
Jul 18 2011 – 11:36am

Collapse and disintegration is a much more likely destiny for the dumb ol’ USA than any kind of long march to justice. The US hasn’t got three decades to spend defending its criminal acts in court. It probably hasn’t got three years. The US is perched on the mother of all tipping points, economically, socially and militarily and one wing beat from one black swan will send the US into the ravine. Here, for instance is just one of them:

Al Jazeera: CIA veteran: Israel to attack Iran in fall

http://english.aljazeera.net/indepth/opinion/2011/07/201171775828434786.html

US Calls Mount to Investigate Bush Era Officials for Torture July 12, 2011

Posted by rogerhollander in Barack Obama, Criminal Justice, Dick Cheney, Human Rights, Torture.
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Published on Tuesday, July 12, 2011 by Inter Press Service

  by Naseema Noor

WASHINGTON – Senior officials under the former George W. Bush administration knowingly authorized the torture of terrorism suspects held under United States custody, a Human Right Watch (HRW) report released here Tuesday revealed.

Titled “Getting Away with Torture”, the 107-page report presents a plethora of evidence that HRW says warrants criminal investigations against former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld, former Central Intelligence Agency (CIA) Director George Tenet and Bush himself, among others. (photo:  pantagrapher)

Titled “Getting Away with Torture”, the 107-page report presents a plethora of evidence that HRW says warrants criminal investigations against former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld, former Central Intelligence Agency (CIA) Director George Tenet and Bush himself, among others.

Newly de-classified memos, transcriptions of congressional hearings, and other sources indicate that Bush officials authorized the use of interrogation techniques almost universally considered torture – such as waterboarding – as well as the operation of covert CIA prisons abroad and the rendition of detainees to other countries where they were subsequently tortured.

HRW also criticized the United States under the current Barack Obama administration for failing to meets it obligations under the United Nations Convention Against Torture to investigate acts of torture and other inhumane treatment.

“President Obama has defended the decision not to prosecute officials in his predecessor’s administration by arguing that the country needs ‘to look forward, not backward,'” said HRW executive director Kenneth Roth. “[He] has treated torture as an unfortunate policy choice rather than a crime.”

To date, both the Bush and Obama administrations have successfully prevented courts from reviewing the merits of torture allegations in civil lawsuits by arguing that the cases involve sensitive information, which, if revealed, might endanger national security.

Last year, Bush defended the use of waterboarding on the grounds that the Justice Department deemed it legal. In 2002, lawyers in the Office of Legal Counsel had drafted memos approving the legality of a list of abusive interrogation techniques, including waterboarding. However, HRW documents evidence that shows senior administration officials pressured the politically-appointed lawyers to write these legal justifications.

“Senior Bush officials shouldn’t be allowed to shape and hand-pick legal advice and then hide behind it as if were autonomously delivered,” Roth said.

HRW further recommends that Congress establish an independent, nonpartisan commission to examine the mistreatment of detainees in U.S. custody since the Sept. 11, 2001 terrorist attacks against the World Trade Center and the Pentagon and compensate victims of torture, as required by the U.N. Convention Against Torture.

“Without [a commission], torture very much remains within the toolbox of accepted policies. People are not going to back away from it until there is accountability,” Karen Greenberg, executive director of New York University’s Center on Law and Security and author of “The Least Worst Place: Guantanamo’s First 100 Days”, told IPS.

In 2009, U.S. Attorney General Eric Holder appointed a special prosecutor to investigate detainee abuse, but limited the mandate to only “unauthorized” acts, which effectively excluded violations like waterboarding and forcing prisoners to maintain stress positions that were approved by the Bush administration.

But on Jun. 30 of this year, the Justice Department announced that it would continue probing only two of nearly 100 allegations of torture. The open cases involve the deaths of two men – Manadel al-Jamadi, an Iraqi, and Gul Rahman, an Afghan – in CIA custody.

Human and civil rights group criticized the narrow scope of the torture investigations, while HRW said they failed to address the systematic character of the abuses.

“The U.S. government’s pattern of abuse across several countries did not result from acts of individuals who broke the rules,” Roth said. “It resulted from decisions made by senior U.S. officials to bend, ignore, or cast aside the rules.” If the U.S. does not pursue criminal investigations, HRW is urging other countries to exercise universal jurisdiction under international law and prosecute the aforementioned officials.

A number of former detainees have already taken this step by filing criminal complaints in courts outside of the U.S.

In February 2011, alleged victims of torture living in Switzerland planned to file a suit against Bush, causing him to cancel his trip there.

Another investigation is underway in Spain, where the Center for Constitutional Rights and the European Center for Constitutional and Human Rights requested a subpoena for a former commander of the Abu Ghraib prison to explain his role in the alleged torture of four detainees.

Washington’s failure to investigate its own citizens for abuses like torture ultimately undercuts its efforts to hold other governments accountable for human rights violations, according to HRW.

“The U.S. is right to call for justice when serious international crimes are committed in places like Darfur, Libya, and Sri Lanka, but there should be no double standards,” Roth said.

“When the U.S. government shields its own officials from investigation and prosecution, it makes it easier for others to dismiss global efforts to bring violators of serious crimes to justice,” he added.

Failing to prosecute ultimately sends the message that “if you are powerful, you can get away with even torture,” Greenberg said.

Copyright © 2011 IPS-Inter Press Service

“Torture” Study Reveals Appalling Cowardice of America’s Newspapers July 2, 2010

Posted by rogerhollander in Media, Torture.
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Published on Thursday, July 1, 2010 by Media Matters for Americaby Will Bunch

On the one hand, waterboarding is torture.On the other hand….

I’m sorry — there is no other hand. Waterboarding is torture, period. It’s been that way for decades — it was torture when we went after Japanese war criminals who used the ancient and inhumane interrogation tactic, it was torture when Pol Pot and some of the worst dictators known to mankind used it against their own people, and it was torture to the U.S. military which once punished soldiers who adopted the grim practice. 

And waterboarding was described as “torture,” almost without fail, in America’s newspapers.

Until 2004, after the arrival of George W. Bush, Dick Cheney, and their criminal notions of “enhanced interrogations.” For four years — in what would have to be the bizarro-world version of “speaking truth to power,” waterboarding was almost never torture on U.S. newsprint. Then waterboarding-as-torture nearly made a mild comeback in journo-world, until perpetrators like Cheney and Inquirer op-ed columnist John Yoo began the big pushback, when American newspapers bravely turned their tails and fled.

The sordid history is spelled out in a significant new report by the Kennedy School of Government at Harvard (you can read it as a PDF file here). The report notes:

From the early 1930’s until the modern story broke in 2004, the newspapers that covered waterboarding almost uniformly called the practice torture or implied it was torture: The New York Times characterized it thus in 81.5% (44 of 54) of articles on the subject and The Los Angeles Times did so in 96.3% of articles (26 of 27). By contrast, from 2002-2008, the studied newspapers almost never referred to waterboarding as torture. The New York Times called waterboarding torture or implied it was torture in just 2 of 143 articles (1.4%). The Los Angeles Times did so in 4.8% of articles (3 of 63). The Wall Street Journal characterized the practice as torture in just 1 of 63 articles (1.6%). USA Today never called waterboarding torture or implied it was torture.

The report also notes that waterboarding had constantly been referred to as torture by newspapers when other nations did it, but when the United States did it in the 2000s, it was, to paraphrase Richard Nixon, not illegal. The study proves scientifically something we’ve been talking about here at Attytood since Day One, about the tragic consequences of the elevation of an unnatural notion of objectivity in which newspapers abandoned any core human values — even when it comes to something as clear cut as torture — to give equal moral weight to both sides of an not-so-debatable issue (not to mention treating scientific issues like climate changes in the same zombie-like manner).

Never before in my adult life have I been so ashamed of my profession, journalism.

There’s already some good analysis of the report out there from the likes of Glenn Greenwald and Adam Serwer, who writes:

As soon as Republicans started quibbling over the definition of torture, traditional media outlets felt compelled to treat the issue as a “controversial” matter, and in order to appear as though they weren’t taking a side, media outlets treated the issue as unsettled, rather than confronting a blatant falsehood. To borrow John Holbo’s formulation, the media, confronted with the group think of two sides of an argument, decided to eliminate the “think” part of the equation so they could be “fair” to both groups.

The irony that Serwer notes — and I completely agree — is that in claiming they were working so hard not to take “a side,” the journalists who wouldn’t call waterboarding “torture” were absolutely taking a side and handing a victory to the Bush administration, which convinced newspapers to stop unambiguously describing this crime as they had done for decades prior to 2004. It’s a tactic that has continued to this day. It’s the reason why Cheney– who’d been nearly invisible when he was in power — and Yoo were suddenly all over the place beginning on Jan. 21, 2009, because they were desperately trying to keep framing this debate as the newspapers had, that their torture tactics were a public, political disagreement, and not a war crime.

And tragically, they succeeded. They were America’s leaders, they tortured, and they got away with it. And newspapers and other journalists drove the getaway car.

I do think this report frames a much broader problem in America, which is that we’ve lost our ability to distinguish right from wrong on its most basic level, because of our need to filter everything through some kind of bogus political prism. Look past torture, and look at the Elena Kagan hearings down in Washington, and the shameful way that Republican senators have desecrated the memory of the late Supreme Court Justice Thurgood Marshall. What made Marshall a great American is that he started with an alienable truth — that segregation and other unequal treatment of blacks or other minorities are a sin against mankind — and that it was our duty not just as Americans but as human beings to end that injustice by any peaceful means necessary. If Marshall had behaved the way that the 2010 Republican Party would want him to act, forget the notion of an African-American president — there would be water fountains in some American states where Barack Obama could not get a drink.

Increasingly, we’re losing our perspective, maybe our minds. We have candidates for the U.S. Congress comparing the taxes that we pay to finance the U.S. military or to pay for public schools to slavery, or to the Nazi-led Holocaust. As Americans, we should all seek higher ground over what we talk about when we talk about slavery, and what we talk about when we talk about torture.

And yet even some of my own colleagues failed — journalists who started out with a mission to tell the truth and who got very, very lost in a thicket of politics and perhaps self-importance along the way.

And that is beyond shameful.

© 2010 Media Matters for America

Will Bunch is a Senior Fellow at Media Matters for America.

The Bodies of Those Who Died in Vain Litter our Landscape May 30, 2010

Posted by rogerhollander in Iraq and Afghanistan, Peace, War.
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Sun, 05/30/2010 – 12:15 — Anonymous
by: 

It’s Memorial Day Weekend and I am sick to death of the glorification of war in America.

And I am even sicker of politicians who wrap themselves in the bloody flag and try to rub off some of the stench of death from the bodies of those who have died, mostly in vain for worthless causes, in hopes that taking on some of the odor will cause them to be perceived as admirable patriots themselves.

President George W. Bush, who dodged danger in the Vietnam War by signing up for the Texas National Guard and then ducked even that domestic duty, and Vice President Dick Cheney who used five different excuses to duck military service, morbidly rubbed themselves with that flag for eight long years, even as they sent hundreds of thousands of young men and women into harm’s for their own personal political advantage.

President Barack Obama (who also avoided military service), continued this obscene tradition when, in his weekly PR address to the nation, he urged Americans to “leave a flower” on the grave of a soldier who died in one of America’s wars “so the rest of us might inherit the blessings of this nation.” Obama is also sending young Americans to kill and die halfway around the world in a war that has no purpose other than to demonstrate his political “toughness.” Yet he disingenuously declares that it was “to preserve America and advance the ideals we cherish” that “led patriots in each generation to sacrifice their own lives to secure the life of our nation, from the trenches of World War I to the battles of World War II, from Inchon and Khe Sanh, from Mosul to Marja.”

What utter crap and nonsense!

I’ll grant you that there were noble motivations that led many Americans to die fighting for this country’s independence. The same can be said for those soldiers who fought and died on the Union side in the Civil War who had the noble goal of ending the crime of slavery. And indeed it was the decision by a group of freed slaves in 1866 in South Carolina to disinter the bodies of Union soldiers who had died in Confederate captivity and who had been unceremoniously dumped in a collective grave, and to give them all decent burials, that established the first Memorial Day.

But to claim that the over 100,000 American soldiers who died on the front lines in World War I were defending American freedoms, as Memorial Day speakers like Obama do year after year, is simply a lie. World War I was never about a threat to America. It was a war of empire, fought by the European powers, none of which was any better or worse than the others, and the US joined that conflict not for noble reasons or for defense, but in hopes of picking up some of the pieces. My own maternal grandfather, a promising sprinter who had Olympic aspirations, was struck with mustard gas in the trenches and, unable to run anymore with his permanently scarred lungs, ended up having to settle for coaching high school as a career. (My paternal grandfather won a silver star for heroism as an ambulance driver on the front, but was so damaged by what he experienced that he never talked about it at all, my father says.) Sadly, their sacrifices and heroism served no noble cause.

World War II, at least in Europe, may have had some moral justification, though there can be some legitimate debate as to whether the US and its freedoms were ever really threatened, and certainly many of the Americans who died in that war saw their struggle as worthy, so that we may at least in good conscience honor their deaths.

But Khe Sanh? Mosul? And for god’s sake, Marjah? Let’s get real.

Khe Sanh, one of the major battles in the Vietnam War, was just one little piece of a huge malignant disaster in a war that was criminal from its inception, and that had no purpose beyond perpetuating the neocolonialist control by the US of a long-subjugated people who were fighting to be free, just as our own ancestors had done. The over 58,000 Americans who died in that war, who contributed to the killing of over 2 million Vietnamese, many or most of them civilians, may have engaged in personal acts of bravery, but they were not, as a group, heroes. Nor were they over there fighting for American freedom. Some, like Lt. William Calley, who did not die, were no doubt murderers. Most, though, were simply victims–victims of their own government’s years of lying and deceit.

If we memorialize them, it should be by vowing never again to allow our government to commit such crimes, and to send Americans to fight and die for such criminal policies.

Sadly, we’ve already allowed that to happen, though, over and over again–in the Panama, in Grenada, in Iraq, and now in Afghanistan and perhaps, before long, Iran and/or Pakistan.

Take the president’s mention of Mosul. It is a city in Iraq, and the Americans who died there and in other Iraqi cities died because of the criminality of President George W. Bush and Vice President Dick Cheney, who manufactured a criminal war of aggression against Iraq, a country that posed no threat to the US. They died too because of the cowardice and venality of the Democrats in Congress who allowed themselves to be bullied and extorted into supporting that criminal war. The five thousand Americans who died, and the hundreds of thousands more who have been gravely wounded in that war, not to mention the more than a million who fought there or worked in support roles for others who fought, were not defending any of our “cherished ideals.” They were simply helping oil companies like Exxon/Mobil, Chevron, Shell and yes, British Petroleum, secure control of the Iraqi oilfields. They were simply helping Bush and Cheney win re-election. They were simply helping inflate the profits of Halliburton, Boeing, Lockheed, Blackwater and other war profiteers.

Noble deaths indeed.

As for Marjah, its mention at all in the same breath as the American Revolution or the Civil War is simply laughable, but it is also truly grotesque. The little farming communities that the Pentagon PR machine lyingly described as a small city swarming with Taliban fighters was nothing but a staged and carefully managed battle set, designed to make Americans forget that the US was (and is) bogged down in an unwinnable war of conquest and occupation in Afghanistan. The few American soldiers and Marines who died there died for the sake of White House and Pentagon propaganda, not for the sake of defending Americans’ vaunted freedoms. The set has now been torn down, the klieg lights have been turned off, and “Marjah” has reverted to Taliban territory again.

This blind worship of US militarism has got to stop!

Never again should Americans be sent to kill and die for politicians.

If and when America and American freedom are really threatened, I have no doubt that American men and women will rise to the occasion and show the kind of nobility and heroism that was evident in the Revolution and the Civil War. But in the meantime, we need to stop glorifying all these wars that were criminal, or that could have been avoided. Memorial Day should be a day to demand peace, a day to demand an end to a military-industrial complex that claims nearly half of the nation’s general funds, a day to focus on the real threats to American’s “cherished ideals,” most of which are purely domestic, and a day to celebrate what those ideals are: equalty before the law, freedom of speech and assembly, freedom from government intrusion in our lives, the right to be considered innocent until proven guilty by a jury of our peers, and the right to stand up and say that our political leaders are, for the most part, crooks, charlatans and even war criminals.

Ex-Bush Official Willing to Testify Bush, Cheney Knew Gitmo Prisoners Innocent April 12, 2010

Posted by rogerhollander in Civil Liberties, Criminal Justice, Dick Cheney, Torture, War on Terror.
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Friday 09 April 2010

by: Jason Leopold, t r u t h o u t | Report

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(Image: Lance Page / t r u t h o u t; Adapted: amarine88, Bebopsmile, ImageAbstraction, JoesSistah…)

Former Secretary of Defense Donald Rumsfeld once declared that individuals captured by the US military in the aftermath of 9/11 and shipped off to the Guantanamo Bay prison facility represented the “worst of the worst.”

During a radio interview in June 2005, Rumsfeld said the detainees at Guantanamo, “all of whom were captured on a battlefield,” are “terrorists, trainers, bomb makers, recruiters, financiers, [Osama Bin Laden’s] body guards, would-be suicide bombers, probably the 20th hijacker, 9/11 hijacker.”

But Rumsfeld knowingly lied, according to a former top Bush administration official.

And so did then Vice President Dick Cheney when he said, also in 2002 and in dozens of public statements thereafter, that Guantanamo prisoners “are the worst of a very bad lot” and “dangerous” and “devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort.”

Now, in a sworn declaration obtained exclusively by Truthout, Col. Lawrence Wilkerson, who was chief of staff to former Secretary of State Colin Powell during George W. Bush’s first term in office, said Bush, Cheney, and Rumsfeld knew the “vast majority” of prisoners captured in the so-called War on Terror were innocent and the administration refused to set them free once those facts were established because of the political repercussions that would have ensued.

“By late August 2002, I found that of the initial 742 detainees that had arrived at Guantánamo, the majority of them had never seen a US soldier in the process of their initial detention and their captivity had not been subjected to any meaningful review,” Wilkerson’s declaration says. “Secretary Powell was also trying to bring pressure to bear regarding a number of specific detentions because children as young as 12 and 13 and elderly as old as 92 or 93 had been shipped to Guantánamo. By that time, I also understood that the deliberate choice to send detainees to Guantánamo was an attempt to place them outside the jurisdiction of the US legal system.”

He added that it became “more and more clear many of the men were innocent, or at a minimum their guilt was impossible to determine let alone prove in any court of law, civilian or military.”

For Cheney and Rumsfeld, and “others,” Wilkerson said, “the primary issue was to gain more intelligence as quickly as possible, both on Al Qaeda and its current and future plans and operations but increasingly also, in 2002-2003, on contacts between Al Qaeda and Saddam Hussein’s intelligence and secret police forces in Iraq.”

“Their view was that innocent people languishing in Guantánamo for years was justified by the broader war on terror and the capture of the small number of terrorists who were responsible for the September 11 attacks, or other acts of terrorism,” Wilkerson added. “Moreover, their detention was deemed acceptable if it led to a more complete and satisfactory intelligence picture with regard to Iraq, thus justifying the Administration’s plans for war with that country.”

Documents have been released over the past year that showed how in 2002 several high-value detainees were tortured and forced to make statements that linked Iraq to al-Qaeda and 9/11, which the Bush administration cited as intelligence to support its invasion of the country in March 2003. But the confessions were utterly false.

Wilkerson’s declaration was made in support of a lawsuit filed by Adel Hassan Hamad, a 52-year-old former Guantanamo detainee who is suing Defense Secretary Robert Gates, former Joint Chief of Staff Richard Myers, and a slew of other Bush administration officials for wrongfully imprisoning and torturing him.

Hamad was arrested in his apartment in Pakistan in July 2002, rendered to Bagram Air Base in Afghanistan for three months, where he says he was tortured, and then transferred to Guantanamo, where he was interrogated daily and subjected to even more torture by US military personnel.

At Bagram, according to Hamad’s lawsuit, “dogs were set upon [him] while watching United States military personnel laughed and mocked him.” Moreover, he was forced to stand for three days without “sleep or food” and eventually collapsed. He was then sent to a hospital where it took him two weeks to recover.

“Mr. Hamad was not given notice of the basis for his detention until more than two years after first being detained, when a Combatant Status Review Tribunal (CSRT) was convened in November 2004,” according to the lawsuit, filed in US District Court for the Western District of Washington at Seattle earlier this week. “Not until March 2005, nearly three full years after initially being detained, was Mr. Hamad officially labeled an ‘enemy Combatant’ by the flawed CSRT process,” according to the lawsuit.

“However, this determination drew a rare dissenting opinion that acknowledged his enemy combatant status determination was unwarranted and, as such, would have ‘unconscionable results,'” the lawsuit states. “The basis for Mr. Hamad’s enemy combatant determination was simply because of his association as an employee of two organizations for whom he had done humanitarian and charity work (one of which he had left years before), and nothing more.

“In fact, a second CSRT was ordered for Mr. Hamad in November of 2007, one month before he was ultimately released to the Sudan. This was unusual, and indicates that the government recognized that the initial CSRT determination of Mr. Hamad was not accurate.”

While Hamad was detained, his wife gave birth to a daughter who died some time later because the family did not have any money to pay for medical care. He has five other children.

Since he has been released, Hamad says he suffers from emotional, physical and psychological injuries and he is seeking undisclosed compensatory and punitive damages. Similar lawsuits against former Bush administration officials, however, have been dismissed in other jurisidictions.

Wilkerson said he “made a personal choice to come forward and discuss the abuses that occurred because knowledge that I served in an Administration that tortured and abused those it detained at the facilities at Guantánamo Bay and elsewhere and indefinitely detained the innocent for political reasons has marked a low point in my professional career and I wish to make the record clear on what occurred.”

“I am also extremely concerned that the Armed Forces of the United States, where I spent 31 years of my professional life, were deeply involved in these tragic mistakes. I am willing to testify in person regarding the content of this declaration, should that be necessary,” he added.

Gwynne Skinner, an assistant professor of clinical law at Willamette University College of Law in Salem, Oregon and a member of Hamad’s legal team, said WIlkerson’s declaration was originally intended to be filed in support of Hamad’s habeas corpus case, which was still pending in federal court in Washington, DC, along with more than 100 others, even though Hamad and the other former Guantanamo prisoners have already been released.

But US District Court Judge Thomas Hogan dismissed the cases, stating the former prisoners’ transfers rendered their habeas lawsuits moot. Attorneys for the detainees were upset because they had hoped the court would make a decision that would ultimately clear the peitioners’ names, lift travel restrictions, and the stigma that comes from being detained at Guantanamo.

Still, Skinner said Wilkerson’s declaration is signficant because it marks the first time a Bush administration official is willing to state, under oath, that Bush, Cheney, Rumsfeld and others knew many of the prisoners were innocent when they were sent to Guantanamo.

Wilkerson said detainees like Hamad were of little concern to Cheney.

The Office of Vice President Dick Cheney “had absolutely no concern that the vast majority of Guantanamo detainees were innocent, or that there was a lack of any useable evidence for the great majority of them,” Wilkerson said in the 9-page declaration. Cheney’s position, Wilkerson asserted, “could be summed up as ‘the end justifies the means.'”

Cheney, and his daughter Liz, have been vocal critics of President Obama’s efforts to shut down Guantanamo. Obama signed an executive order immediately after he was sworn into office and set a one-year deadline to close the facility. But he missed the date, due in part, to Congress’ refusal to earmark funds that would have allowed the administration to close the prison and move some detainees to a supermax prison in Illinois.

Cheney said last year that the only alternative the Bush administration had to setting up Guantanamo was to kill the prisoners detained there.

“If you don’t have a place where you can hold these people, the only other option is to kill them, and we don’t operate that way,” Cheney said.

It is not news that the majority of the initial 742 prisoners who were detained at Guantanamo were innocent of the crimes that they were accused of.

Indeed, in February of 2006, the National Journal reviewed the case files of 132 prisoners who filed habeas corpus petitions and the redacted CSRT transcripts of 314 others and concluded that “most of the ‘enemy combatants’ held at Guantanamo… are simply not the worst of the worst of the terrorist world” as Cheney, Rumsfeld and Bush had claimed.

“Many of them are not accused of hostilities against the United States or its allies,” according to an investigative report published by the National Journal. “Most, when captured, were innocent of any terrorist activity, were Taliban foot soldiers at worst, and were often far less than that. And some, perhaps many, are guilty only of being foreigners in Afghanistan or Pakistan at the wrong time. And much of the evidence — even the classified evidence — gathered by the Defense Department against these men is flimsy, second-, third-, fourth- or 12th-hand. It’s based largely on admissions by the detainees themselves or on coerced, or worse, interrogations of their fellow inmates, some of whom have been proved to be liars.”

The Journal noted that a common thread among many of the detainees is that a  majority of them “were not caught by American soldiers on the battlefield. They came into American custody from third parties, mostly from Pakistan, some after targeted raids there, most after a dragnet for Arabs after 9/11.”

That’s a point Wilkerson made in his declaration and said it likely applied to Hamad’s case as well.

“With respect to the assertions by Mr. Hamad that he was wrongfully seized and detained, it became apparent to me as early as August 2002, and probably earlier to other State Department personnel who were focused on these issues, that many of the prisoners detained at Guantanamo had been taken into custody without regard to whether they were truly enemy combatants, or in fact whether many of them were enemies at all,” Wilkerson said in his declaration. “I soon realized from my conversations with military colleagues as well as foreign service officers in the field that many of the detainees were, in fact, victims of incompetent battlefield vetting.

“There was no meaningful way to determine whether they were terrorists, Taliban, or simply innocent civilians picked up on a very confused battlefield or in the territory of another state such as Pakistan. The vetting problem, in my opinion, was directly related to the initial decision not to send sufficient regular army troops at the outset of the war in Afghanistan, and instead, to rely on the forces of the Northern Alliance and the extremely few US Special Operations Forces (SOF) who did not have the necessary training or personnel to deal with battlefield detention questions or even the inclination to want to deal with the issue.

“A related problem with the initial detention was that predominantly US forces were not the ones who were taking the prisoners in the first place. Instead, we relied upon Afghans, such as General [Abdul Rashid] Dostums forces, and upon Pakistanis, to hand over prisoners whom they had apprehended, or who had been turned over to them for bounties, sometimes as much as $5,000 per head.

“Such practices meant that the likelihood was high that some of the Guantanamo detainees had been turned in to US forces in order to settle local scores, for tribal reasons, or just as a method of making money. I recall conversations with serving military officers at the time, who told me that many detainees were turned over for the wrong reasons, particularly for bounties and other incentives.” 

In Hamad’s case, Wilkerson said that he has “no reason to believe that any more thorough process was used to determine whether his seizure or transfer to Guantanamo was justified.”

Wilkerson said that he discussed the Guantanamo detainees issue regularly with Powell and, based on those discussions, Wilkerson discovered that “President Bush was involved in all of the Guantanamo decision-making.”

“My own view is that it was easy for Vice President Cheney to run circles around President Bush bureaucratically because Cheney had the network within the government to do so,” Wilkerson said. “Moreover, by exploiting what Secretary Powell called the president’s ‘cowboy instincts,’ Vice President Cheney could more often than not gain the President’s acquiescence.”

Wilkerson said issues revolving around efforts to repatriate individuals wrongfully detained at Guantanamo came up during the morning briefings chaired by Powell that he and about 50 to 55 senior State Department officials attended beginning in August 2002 after the prison facility was opened.

“At the briefing, Secretary Powell would question Ambassador Pierre Prosper (Ambassador-at-Large for War Crimes), Cofer Black (Coordinator for Counter Terrorism), and Beth Jones (Assistant Secretary for Eurasia), or other senior personnel for information about specific progress in negotiating detainee releases,” Wilkerson said. “A number of these conversations arose because Secretary Powell received frequent phone calls from British Foreign Minister Jack Straw, who had consulted with Secretary Powell frequently about repatriating the British Guantánamo detainees …

“I also know that several other foreign ministers spoke with Secretary Powell urging him to repatriate their countries’ citizens. During these morning briefings, Secretary Powell would express frustration that more progress had not been made with detainee releases.”

During one particular meeting, Wilkerson said, Ambassador Prosper, the point person on negotiating the transfer of detainees to other countries, “would discuss the difficulty he encountered in dealing with the Department of Defense, and specifically Donald Rumsfeld, who just refused to let detainees go.” 

Wilkerson said it was “politically impossible” to release detainees, even the ones Bush, Cheney, Rumsfeld and other senior officials knew were innocent.

“The concern expressed was that if they were released to another country, even an ally such as the United Kingdom, the leadership of the Defense Department would be left without any plausible explanation to the American people, whether the released detainee was subsequently found to be innocent by the receiving country, or whether the detainee was truly a terrorist and, upon release were it to then occur, would return to the war against the US,” he said. “Another concern was that the detention efforts at Guantánamo would be revealed as the incredibly confused operation that they were. Such results were not acceptable to the
Administration and would have been severely detrimental to the leadership at DOD.”

A spokesman for Rumsfeld said Wilkerson’s claims are untrue. Peggy Cifrino, Powell’s spokeswoman, said the former Secretary of State, “has not seen Colonel Wilkerson’s declaration and, therefore, cannot provide a comment.”

Still, what Wilkerson described may have very well been an issue in Hamad’s case, although as Jim White pointed out in a blog post, the Pentagon appears to have had a policy in place to “justify the long-term detention and interrogation of innocent civilians.”

According to Hamad’s lawsuit, the Pentagon had cleared him for release in November 2005, according to a redacted copy of his clearance decision his attorneys cited in their complaint.

But he was not freed from Guantanamo until December 2007. His attorneys said they were notified via email in March 2007 that Hamad was eligible to be sent back home to Sudan and it was during negotiations with the Sudanese government that they discovered he was eligible for release a full two years earlier.

About 183 detainees, many of whom have already been cleared for release, remain at Guantanamo. A majority of them have never been charged with a crime.

Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit newsjunkiebook.com for a preview. 

Gibbs Refuses to Answer Torture Question in Public February 17, 2010

Posted by rogerhollander in Dick Cheney, Torture.
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www.jonathanturley.org, February 17, 2010

With Dick Cheney boasting on national television of his support for waterboarding and torture (here), the Obama White House is continuing its policy of ignoring the credible claims of war crimes to avoid the politically difficult decision to prosecute Bush, Cheney and others for the U.S. torture program. This was evident this week when White House spokesman Robert Gibbs refused to answer a basic question on the torture of a recently captured Taliban leader– offering only to discuss the matter off the record.
Just a couple days after the Cheney interview, it was made public that the Administration had captured Mullah Abduh Ghani Baradar. The question was whether the Administration would use waterboarding though its allies:

CHIP REID: Back on the topic of waterboarding and torture. The president having, as you said, outlawed waterboarding, what is the responsibility of his administration to make sure that this latest alleged captive from the Afghan Taliban is not waterboarded or tortured? Is it — is it the president’s and the administration’s responsibility, not talking about him in particular but is it their responsibility to make sure waterboarding doesn’t happen by Pakistan security forces.

ROBERT GIBBS: I, Chip, I for a number of reasons, as I said, I’m just not going to get into the details surrounding any of these events right now.
REID: It is a question of policy, not a question of this particular case.
GIBBS: And I’ll be happy to talk about it off camera.
Gibbs also refused to confirm whether or not Mullah Abduh Ghani Baradar had even been captured, which the Taliban has denied.

Reid was correct. This should be an easy question of policy. It is the very crux of the controversy over extraordinary renditions and the use of allies to torture suspects. The United States neither tortures nor hands over suspects to others for torture. It should be a policy that is stated openly and clearly. Yet, Gibbs was clearly unwilling or uncomfortable in making such assurances.

Instead, the Administration’s blocking of any prosecution has reinforced the view of many that waterboarding is not unlawful and clearly emboldened people like Cheney. Now, we have leading columnists arguing not only for the torture of detainees but their wives and children. It is an example of the slippery slope of torture — once you accept torture, there are no limitations in the absence of principle.

Cheney Admits to War Crimes, Media Yawns, Obama Turns the Other Cheek February 16, 2010

Posted by rogerhollander in Criminal Justice, Dick Cheney, Torture.
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Monday 15 February 2010

by: Jason Leopold, t r u t h o u t | News Analysisphoto
(Image: Lance Page / t r u t h o u t; Adapted: Mike Licht, NotionsCapital.com, World Economic Forum, stevefaeembra, MissusK)

Dick Cheney is a sadist.

On Sunday, in an exclusive interview with Jonathan Karl of ABC News’ “This Week,” Cheney proclaimed his love of torture, derided the Obama administration for outlawing the practice, and admitted that the Bush administration ordered Justice Department attorneys to fix the law around his policies.

“I was a big supporter of waterboarding,” Cheney told Karl, as if he were issuing a challenge to officials in the current administration, including President Barack Obama, who said flatly last year that waterboarding is torture, to take action against him. “I was a big supporter of the enhanced interrogation techniques…”

The former vice president’s declaration closely follows admissions he made in December 2008, about a month before the Bush administration exited the White House, when he said he personally authorized the torture of 33 suspected terrorist detainees and approved the waterboarding of three so-called “high-value” prisoners.

“I signed off on it; others did, as well, too,” Cheney said in an interview with the right-wing Washington Times about the waterboarding, a drowning technique where a person is strapped to a board, his face covered with a cloth and then water is poured over it. It is a torture technique dating back at least to the Spanish Inquisition.

The US has long treated waterboarding as a war crime and has prosecuted Japanese soldiers for using it against US troops during World War II. And Ronald Reagan’s Justice Department prosecuted a Texas sheriff and three deputies for using the practice to get confessions.

But Cheney’s admissions back then, as well as those he made on Sunday, went unchallenged by Karl and others in the mainstream media. Indeed, the two major national newspapers–The New York Times and The Washington Post–characterized Cheney’s interview as a mere spat between the vice president and the Obama administration over the direction of the latter’s counterterroism and national security policies.

The Times and Post did not report that Cheney’s comments about waterboarding and his enthusiastic support of torturing detainees amounted to an admission of war crimes given that the president has publicly stated that waterboarding is torture.

Ironically, in March 2003, after Iraqi troops captured several U.S. soldiers and let them be interviewed on Iraqi TV, senior Bush administration officials expressed outrage over this violation of the Geneva Convention.

“If there is somebody captured,” President George W. Bush told reporters on March 23, 2003, “I expect those people to be treated humanely. If not, the people who mistreat the prisoners will be treated as war criminals.”

Nor did the Times or Post report that the “enhanced interrogation techniques” Cheney backed was, in numerous cases, administered to prisoners detained at Guantanamo and in detention centers in Iraq and Afghanistan who we would come to discover were innocent and simply in the wrong place at the wrong time. The torture methods that Cheney helped implement as official policy was also directly responsible for the deaths of at least 100 detainees.

Renowned human rights attorney and Harper’s magazine contributor Scott Horton said, “Section 2340A of the federal criminal code makes it an offense to torture or to conspire to torture. Violators are subject to jail terms or to death in appropriate cases, as where death results from the application of torture techniques.”

In addition to Obama, Attorney General Eric Holder said during his confirmation hearing last year that waterboarding is torture.

“Dick Cheney wants to be prosecuted. And prosecutors should give him what he wants,” Horton wrote in a Harper’s dispatch Monday. 

Karl also made no mention of the fact that the CIA’s own watchdog concluded in a report declassified last year that the torture of detainees Cheney signed off on did not result in any actionable intelligence nor did it thwart any imminent attacks on the United States. To the contrary, torture led to bogus information, wrongful elevated threat warnings, and undermined the war-crimes charges against Mohammed al-Qahtani, the alleged “20th hijacker” in the 9/11 attacks because the evidence against him was obtained through torture.

Karl also failed to call out Cheney on a statement the former vice president made during his interview in which he suggested the policy of torture was carried out only after the Bush administration told Justice Department attorneys it wanted the legal justification to subject suspected al-Qaeda prisoners to brutal interrogation methods.

Cheney told Karl that he continues to be critical of the Obama administration “because there were some things being said, especially after we left office, about prosecuting CIA personnel that had carried out our counterterrorism policy or disbarring lawyers in the Justice Department who had — had helped us put those policies together, and I was deeply offended by that, and I thought it was important that some senior person in the administration stand up and defend those people who’d done what we asked them to do.”

In an interview with Karl on December 15, 2008, Cheney made a similar comment, which Karl also allowed to go unchallenged, stating that the Bush administration “had the Justice Department issue the requisite opinions in order to know where the bright lines were that you could not cross.”

Bush’s Key Line of Defense Destroyed

Those statements, both on Sunday and in his December 2008 interview with Karl, destroys a key line in the Bush administration’s defense against war crimes charges. For years, Cheney and other Bush administration officials pinned their defense on the fact that they had received legal advice from Justice Department lawyers that the brutal interrogations of “war on terror” detainees did not constitute torture or violate other laws of war.

Cheney’s statements, however, would suggest that the lawyers were colluding with administration officials in setting policy, rather than providing objective legal analysis.

In fact, as I reported last year, an investigation by the Department of Justice’s Office of Professional Responsibility (OPR) determined that DOJ attorneys John Yoo and Jay Bybee blurred the lines between attorneys charged with providing independent legal advice to the White House and policy advocates who were working to advance the administration’s goals, according to legal sources who were privy to an original draft of the OPR report.

That was a conclusion Dawn Johnsen reached. Johnsen was tapped a year ago by Obama to head the Office of Legal Counsel (OLC), where Yoo and Bybee worked, but her confirmation has been stuck in limbo.

In a 2006 Indiana Law Journal article, she said the function of OLC should be to “provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies.”

“The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients’ desired actions, inadequately promotes the President’s constitutional obligation to ensure the legality of executive action,” said Johnsen, who served in the OLC under President Bill Clinton. “In short, OLC must be prepared to say no to the President.

“For OLC instead to distort its legal analysis to support preferred policy outcomes undermines the rule of law and our democratic system of government. Perhaps most essential to avoiding a culture in which OLC becomes merely an advocate of the Administration’s policy preferences is transparency in the specific legal interpretations that inform executive action, as well as in the general governing processes and standards followed in formulating that legal advice.”

In a 2007 UCLA Law Review article, Johnsen said Yoo’s Aug. 1, 2002, torture memo is “unmistakably” an “advocacy piece.”

“OLC abandoned fundamental practices of principled and balanced legal interpretation,” Johnsen wrote. “The Torture Opinion relentlessly seeks to circumvent all legal limits on the CIA’s ability to engage in torture, and it simply ignores arguments to the contrary.

“The Opinion fails, for example, to cite highly relevant precedent, regulations, and even constitutional provisions, and it misuses sources upon which it does rely. Yoo remains almost alone in continuing to assert that the Torture Opinion was ‘entirely accurate’ and not outcome driven.”

The original draft of the OPR report concluded that Yoo and Bybee violated professional standards and recommended a referral to state bar associations where they could have faced disciplinary action and have had their law licenses revoked.

The report’s findings could have influenced whether George W. Bush, Cheney and other senior officials in that administration were held accountable for torture and other war crimes. But two weeks ago, it was revealed that officials in Obama’s Justice Department backed off the earlier recommendation and instead altered the misconduct findings against Yoo and Bybee to “poor judgment,” which means neither will face disciplinary action. The report has not yet been released.

For his part, Yoo had already admitted in no uncertain terms that Bush administration officials sought to legalize torture and that he and Bybee fixed the law around the Bush administration’s policy.

As I noted in a report last year, in his book, “War by Other Means: An Insider’s Account on the War On Terror,” Yoo described his participation in meetings that helped develop the controversial policies for the treatment of detainees.

For instance, Yoo wrote about a trip he took to Guantanamo Bay, Cuba, with other senior administration officials to observe interrogations and to join in discussions about specific interrogation methods. In other words, Yoo was not acting as an independent attorney providing the White House with unbiased legal advice but was more of an advocate for administration policy.

The meetings that Yoo described appear similar to those disclosed by ABC News in April 2008.

“The most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al-Qaeda suspects would be interrogated by the CIA,” ABC News reported at the time, citing unnamed sources.

“The high-level discussions about these ‘enhanced interrogation techniques’ were so detailed, these sources said, some of the interrogation sessions were almost choreographed – down to the number of times CIA agents could use a specific tactic.

“These top advisers signed off on how the CIA would interrogate top al-Qaeda suspects – whether they would be slapped, pushed, deprived of sleep or subjected to simulated drowning, called waterboarding,” according to unnamed sources quoted by ABC News.

Torture Preceded Legal Advice

If ABC’s Karl had a firmer grasp on the issues he queried Cheney about he would have known that as recently as last week, three UK high-court judges released seven paragraphs of a previously classified intelligence document that proved the CIA tortured Binyam Mohamed, a British resident captured in Pakistan in April 2002 who was falsely tied to a dirty bomb plot, months before the Bush administration obtained a memo from John Yoo and Jay Bybee at the Justice Department’s Office of Legal Counsel (OLC) authorizing specific methods of torture to be used against high-value detainees, further undercutting Cheney’s line of defense.

The document stated bluntly that Mohamed’s treatment “could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities.”

Under the United Nations Convention Against Torture, the treatment of Mohamed and the clear record that the Bush administration used waterboarding and other brutal techniques to extract information from detainees should have triggered the United States to conduct a full investigation and to prosecute the offenders.In the case of the US’s refusal to do so, other nations would be obligated to act under the principle of universality.

However, instead of living up to that treaty commitment, the Obama administration has time and again resisted calls for government investigations and has gone to court to block lawsuits that demand release of torture evidence or seek civil penalties against officials implicated in the torture.

Though it’s true, as Vice President Joe Biden stated Sunday on “Meet the Press,” that Cheney is rewriting history and making “factually, substantively wrong” statements about the Obama administration’s track record and approach to counterterrorism, it’s difficult, if not near impossible, to defend this president from the likes of Cheney.

Case in point: last week the Obama administration treated the disclosure by British judicial officials of the former prisoner’s torture as a security breach and threatened to cut off an intelligence sharing arrangement with the UK government.

In what can only be described as a stunning response to the revelations contained in the intelligence document, White House spokesman Ben LaBolt said “the [UK} court’s judgment will complicate the confidentiality of our intelligence-sharing relationship with the UK, and it will have to factor into our decision-making going forward.”

“We’re deeply disappointed with the court’s judgment today, because we shared this information in confidence and with certain expectations,” LaBolt said, making no mention of Mohamed’s treatment nor even offering him an apology for the torture he was subjected to by the CIA over the course of several years. Mohamed was released from Guantanamo last year and returned to the UK.

As an aside, as revelatory as the disclosures were, news reports of Mohamed’s torture were buried by the mainstream print media and went unreported by the cable news outlets, underscoring how the media’s interest in Bush’s torture policies has waned.

The Obama administration’s decision to ignore the past administration’s crimes has alienated civil liberties groups, who he could once count on for support.

Last December, on the day Obama received a Nobel Peace prize, Jameel Jaffer, director of the ACLU’s National Security Project, told reporters that “on every front, the [Obama] administration is actively obstructing accountability. This administration is shielding Bush administration officials from civil liability, criminal investigation and even public scrutiny for their role in authorizing torture.”

That being the reality is what makes Cheney’s claim on Sunday that the Obama administration is attempting to prosecute “CIA personnel that had carried out our counterterrorism policy or disbarring lawyers” laughable.

Holder has expanded the mandate of a special counsel, appointed during the Bush administration, who is investigating the destruction of torture tapes, to conduct a “preliminary review” of less than a dozen torture cases involving CIA contractors and interrogators to determine whether launching an expanded criminal inquiry is warranted. That hardly amounts to a prosecution. It’s not even an investigation.

And “disbarring lawyers, a clear reference to Yoo and Bybee, which is beyond the scope of the Justice Department watchdog’s authority to begin with, is no longer a possibility given that the OPR report reportedly does not recommend disciplinary action.

In a statement, the ACLU said, “to date, not a single torture victim has had his day in court.”

As Jane Mayer reported in a recent issue of the New Yorker, Holder’s limited scope authorization to Durham did not go over well with the White House and Obama’s Chief of Staff Rahm Emanuel made sure Holder knew where the administration stood.

“Emanuel worried that such investigations would alienate the intelligence community…,” Mayer reported. “Emanuel couldn’t complain directly to Holder without violating strictures against political interference in prosecutorial decisions. But he conveyed his unhappiness to Holder indirectly, two sources said. Emanuel demanded, ‘Didn’t he get the memo that we’re not re-litigating the past?'”

Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, News Junkie, a memoir. Visit www.newsjunkiebook.com for a preview.

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