Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Democracy, Media.
Tags: bradley mannin, Criminal Justice, first amendment, freedom of press, glenn greenwald, james rosen, journalism, julian asange, Media, obama doj, Richard Nixon, roger hollander, stephen kim, wikileaks
It is now well known that the Obama justice department has prosecuted more government leakers under the 1917 Espionage Act than all prior administrations combined – in fact, double the number of all such prior prosecutions. But as last week’s controversy over the DOJ’s pursuit of the phone records of AP reporters illustrated, this obsessive fixation in defense of secrecy also targets, and severely damages, journalists specifically and the newsgathering process in general.
Fox News chief Washington correspondent James Rosen had his emails read by the Obama DOJ, which accused him of being a co-conspirator in a criminal leak case. (Photo: screen grab)
New revelations emerged yesterday in the Washington Post that are perhaps the most extreme yet when it comes to the DOJ’s attacks on press freedoms. It involves the prosecution of State Department adviser Stephen Kim, a naturalized citizen from South Korea who was indicted in 2009 for allegedly telling Fox News’ chief Washington correspondent, James Rosen, that US intelligence believed North Korea would respond to additional UN sanctions with more nuclear tests – something Rosen then reported. Kim did not obtain unauthorized access to classified information, nor steal documents, nor sell secrets, nor pass them to an enemy of the US. Instead, the DOJ alleges that he merely communicated this innocuous information to a journalist – something done every day in Washington – and, for that, this arms expert and long-time government employee faces more than a decade in prison for “espionage.”
The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist.”
But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law. Describing an affidavit from FBI agent Reginald Reyes filed by the DOJ, the Post reports [emphasis added]:
“Reyes wrote that there was evidence Rosen had broken the law, ‘at the very least, either as an aider, abettor and/or co-conspirator.’ That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target. Using italics for emphasis, Reyes explained how Rosen allegedly used a ‘covert communications plan’ and quoted from an e-mail exchange between Rosen and Kim that seems to describe a secret system for passing along information. . . . However, it remains an open question whether it’s ever illegal, given the First Amendment’s protection of press freedom, for a reporter to solicit information. No reporter, including Rosen, has been prosecuted for doing so.”
Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.
That same “solicitation” theory, as the New York Times reported back in 2011, is the one the Obama DOJ has been using to justify its ongoing criminal investigation of WikiLeaks and Julian Assange: that because Assange solicited or encouraged Manning to leak classified information, the US government can “charge [Assange] as a conspirator in the leak, not just as a passive recipient of the documents who then published them.” When that theory was first disclosed, I wrote that it would enable the criminalization of investigative journalism generally:
“Very rarely do investigative journalists merely act as passive recipients of classified information; secret government programs aren’t typically reported because leaks just suddenly show up one day in the email box of a passive reporter. Journalists virtually always take affirmative steps to encourage its dissemination. They try to cajole leakers to turn over documents to verify their claims and consent to their publication. They call other sources to obtain confirmation and elaboration in the form of further leaks and documents. Jim Risen and Eric Lichtblau described how they granted anonymity to ‘nearly a dozen current and former officials’ to induce them to reveal information about Bush’s NSA eavesdropping program. Dana Priest contacted numerous ‘U.S. and foreign officials’ to reveal the details of the CIA’s ‘black site’ program. Both stories won Pulitzer Prizes and entailed numerous, active steps to cajole sources to reveal classified information for publication.”
“In sum, investigative journalists routinely — really, by definition — do exactly that which the DOJ’s new theory would seek to prove WikiLeaks did. To indict someone as a criminal ‘conspirator’ in a leak on the ground that they took steps to encourage the disclosures would be to criminalize investigative journalism every bit as much as charging Assange with ‘espionage’ for publishing classified information.”
That’s what always made the establishment media’s silence (or even support) in the face of the criminal investigation of WikiLeaks so remarkable: it was so obvious from the start that the theories used there could easily be exploited to criminalize the acts of mainstream journalists. That’s why James Goodale, the New York Times’ general counsel during the paper’s historic press freedom fights with the Nixon administration, has been warning that “the biggest challenge to the press today is the threatened prosecution of WikiLeaks, and it’s absolutely frightening.”
Indeed, as Harvard Law Professor Yochai Benkler noted recently in the New Republic, when the judge presiding over Manning’s prosecution asked military lawyers if they would “have pressed the same charges if Manning had given the documents not to WikiLeaks but directly to the New York Times?”, the prosecutor answered simply: “Yes, ma’am.” It has long been clear that this WikiLeaks-as-criminals theory could and would be used to criminalize establishment media outlets which reported on that which the US government wanted concealed.
Now we know that the DOJ is doing exactly that: applying this theory to criminalize the acts of journalists who report on what the US government does in secret, even though there is no law that makes such reporting illegal and the First Amendment protects such conduct. Essentially accusing James Rosen of being an unindicted co-conspriator in these alleged crimes is a major escalation of the Obama DOJ’s already dangerous attacks on press freedom.
It is virtually impossible at this point to overstate the threat posed by the Obama DOJ to press freedoms. Back in 2006, Bush Attorney General Alberto Gonzales triggered a major controversy when he said that the New York Times could be prosecuted for having revealed the Top Secret information that the NSA was eavesdropping on the communications of Americans without warrants. That was at the same time that right-wing demagogues such Bill Bennett were calling for the prosecution of the NYT reporters who reported on the NSA program, as well as the Washington Post’s Dana Priest for having exposed the CIA black site network.
But despite those public threats, the Bush DOJ never went so far as to formally accuse journalists in court filings of committing crimes for reporting on classified information. Now the Obama DOJ has.
This week, the New Republic’s Molly Redden describes what I’ve heard many times over the past several years: national security reporters have had their ability to engage in journalism severely impeded by the Obama DOJ’s unprecedented attacks, and are operating in a climate of fear for both their sources and themselves. Redden quotes one of the nation’s best reporters, the New Yorker’s Jane Mayer, this way:
“It’s a huge impediment to reporting, and so chilling isn’t quite strong enough, it’s more like freezing the whole process into a standstill.”
Redden says that “the DOJ’s seizure of AP records will probably only exacerbate these problems.” That’s certainly true: as surveillance expert Julian Sanchez wrote in Mother Jones this week, there is ample evidence that the Obama DOJ’s seizure of the phone records of journalists extends far beyond the AP case. Recall, as well, that the New York Times’ Jim Risen is currently being pursued by the Obama DOJ, and conceivably faces prison if he refuses to reveal his source for a story he wrote about CIA incompetence in Iran. Said Risen:
“I believe that the efforts to target me have continued under the Obama Administration, which has been aggressively investigating whistleblowers and reporters in a way that will have a chilling effect on the freedom of the press in the United States.”
If even the most protected journalists – those who work for the largest media outlets – are being targeted in this way, and are saying over and over that the Obama DOJ is preventing basic news gathering from taking place without fear, imagine the effect this all has on independent journalists who are much more vulnerable.
There is simply no defense for this behavior. Obama defenders such as Andrew Sullivan claim that this is all more complicated than media outrage suggests because of a necessary “trade-off” between press freedoms and security. So do Obama defenders believe that George Bush and Richard Nixon – who never prosecuted leakers like this or formally accused journalists of being criminals for reporting classified information – were excessively protective of press freedoms and insufficiently devoted to safeguarding secrecy? To ask that question is to mock it. Obama has gone so far beyond what every recent prior president has done in bolstering secrecy and criminalizing whistleblowing and leaks.
Goodale, the New York Times’ former general counsel, was interviewed by Democracy Now last week and said this:
AMY GOODMAN: “You say that President Obama is worse than President Nixon.”
JAMES GOODALE: “Well, more precisely, I say that if in fact he goes ahead and prosecutes Julian Assange, he will pass Nixon. He’s close to Nixon now. The AP example is a good example of something that Obama has done but Nixon never did. So I have him presently in second place, behind Nixon and ahead of Bush II. And he’s moving up fast. . . .”
“Obama has classified, I think, seven million — in one year, classified seven million documents. Everything is classified. So that would give the government the ability to control all its information on the theory that it’s classified. And if anybody asks for it and gets it, they’re complicit, and they’re going to go to jail. So that criminalizes the process, and it means that the dissemination of information, which is inevitable, out of the classified sources of that information will be stopped.”
JUAN GONZÁLEZ: “What about the—”
JAMES GOODALE: “It’s very dangerous. That’s why I’m — I get excited when I talk about it.”
That was before it was known that the Obama DOJ read James Rosen’s emails by formally labeling him in court an unindicted co-conspirator for the “crime” of reporting on classified information. This all just got a lot more dangerous.
Even journalists who are generally supportive of Obama – such as the New Yorker’s Ryan Lizza – are reacting with fury over this latest revelation:
The Daily Beast’s Eli Lake said this:
Any journalist who doesn’t erupt with serious outrage and protest over this ought never again use that title to describe themselves.
© 2013 Guardian News and Media
Posted by rogerhollander in Britain, Criminal Justice, Ecuador, Wikileaks.
Tags: craig Brown, Criminal Justice, julian assange, Media, roger hollander, uk intelligence, wikileaks
Screenshot from Spanish TV’s Salados, May 19, 2013.
Speaking during an interview with Spanish television program Salvados, which aired on Sunday, WikiLeaks’ founder Julian Assange said that he has received a series of unclassified instant message exchanges from UK intelligence officials suggesting that he is being framed.
Assange filed a ‘Special Access Request’ under the UK’s Data Protection Act asking the Government Communications Headquarters (GCHQ) for copies of all unclassified documents referencing Assange.
“They are trying to arrest him on suspicion of XYZ, it’s definitely a fit-up though. Their timings are too convenient right after Cablegate.”Assange has spent the past 11 months in the Ecuadorian embassy in London to avoid arrest and extradition to Sweden for alleged sexual assault charges.
Assange told the interviewer: “If I walked out the front door immediately I would be arrested that would either be an arrest for a sealed indictment from the United States for the investigation that is occurring there or it would be an arrest for an extradition to Sweden followed by an extradition from Sweden to the United States.”
“And just recently we used this from GCHQ. We have just received this. It is not public yet. GCHQ which the electonic spying agency in Britain equivalent of the United States National Security Agency. It of course won’t hand over any of the classified information,” he told interviewer Jordi Évole. “But, much to its surprise, it has some unclassified information on us. It had some instant messaging between its spies,” he said.
The first instant message conversation from August 31, 2012 reads:
“You’ve seen Assange’s prediction?”
“He reckons he will stay in the Ecuadorian embassy for six to 12 months then the charges against him will be dropped, but that is not really how it works now is it?
“He’s a fool”
“A highly optimistic fool”
“Another one here from September last year:”
“They are trying to arrest him on suspicion of XYZ, it’s definitely a fit-up though. Their timings are too convenient right after Cablegate.”
“This is what their spies are discussing among themselves,” Assange added.
(CD Editors note: UsingEnglish.com defines “fit-up” as meaning: “To frame someone – make them look guilty of something they haven’t done.”
“We made a request to the police here, the government has already admitted it cost £4.5m to surround this embassy with police, but they won’t hand over any documents under the Freedom of information Act because it “concerns an investigation.” We know there is no investigation,” he told the interviewer Jordi Évole.
“Everything I say in email or SMS can be used in espionage prosecution. The US is finding ways to make everything classified.”
“Journalists want to hear that I am suffering, but I am fine, I am doing the work of my life so even in quite difficult circumstances it is satisfying,” he said.
“Sometimes I wonder if I have overstepped the mark, but the work I am doing is so satisfying to my principles that I am firm in my convictions that it was worth it.”
Posted by rogerhollander in War, Criminal Justice, Peace, Democracy, Civil Liberties, Nuclear weapons/power.
Tags: anti-nuclear, anti-war, Criminal Justice, dissent, doj, eric holder, fran quigley, greg boertje-obed, megan rice, michael walli, non violence, nuclear, nuclear weapons, oak ridge, pacifism, peace, peace protestors, ramsey clark, roger hollander, swords into plowshares
Roger’s note: if this doesn’t send a chill up the spine of anyone with spine enough to peacefully challenge US war mongering, then I don’t know what will. This case is Lewis Carroll, Orwell and Kafka rolled up into one. Don’t fail to realize that this is happening under a president who was awarded the Nobel Peace Prize.
From left, Greg Boertje-Obed, Sister Megan Rice, and Michael Walli. (Photo: Saul Young/News Sentinel)
In just ten months, the United States managed to transform an 82 year-old Catholic nun and two pacifists from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into federal felons convicted of violent crimes of terrorism. Now in jail awaiting sentencing for their acts at an Oak Ridge, TN nuclear weapons production facility, their story should chill every person concerned about dissent in the US.
Here is how it happened.
In the early morning hours of Saturday June 28, 2012, long-time peace activists Sr. Megan Rice, 82, Greg Boertje-Obed, 57, and Michael Walli, 63, cut through the chain link fence surrounding the Oak Ridge Y-12 nuclear weapons production facility and trespassed onto the property. Y-12, called the Fort Knox of the nuclear weapons industry, stores hundreds of metric tons of highly enriched uranium and works on every single one of the thousands of nuclear weapons maintained by the U.S.
“The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
- Sr. Megan Rice
Describing themselves as the Transform Now Plowshares, the three came as non-violent protestors to symbolically disarm the weapons. They carried bibles, written statements, peace banners, spray paint, flower, candles, small baby bottles of blood, bread, hammers with biblical verses on them and wire cutters. Their intent was to follow the words of Isaiah 2:4: “They shall beat their swords into plowshares and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more.”
Sr. Megan Rice has been a Catholic sister of the Society of the Holy Child Jesus for over sixty years. Greg Boertje-Obed, a married carpenter who has a college age daughter, is an Army veteran and lives at a Catholic Worker house in Duluth Minnesota. Michael Walli, a two-term Vietnam veteran turned peacemaker, lives at the Dorothy Day Catholic Worker house in Washington DC.
In the dark, the three activists cut through a boundary fence which had signs stating “No Trespassing.” The signs indicate that unauthorized entry, a misdemeanor, is punishable by up to 1 year in prison and a $100,000 fine.
No security arrived to confront them.
So the three climbed up a hill through heavy brush, crossed a road, and kept going until they saw the Highly Enriched Uranium Materials Facility (HEUMF) surrounded by three fences, lit up by blazing lights.
Still no security.
So they cut through the three fences, hung up their peace banners, and spray-painted peace slogans on the HEUMF. Still no security arrived. They began praying and sang songs like “Down by the Riverside” and “Peace is Flowing Like a River.”
When security finally arrived at about 4:30 am, the three surrendered peacefully, were arrested, and jailed.
The next Monday July 30, Rice, Boertje-Obed, and Walli were arraigned and charged with federal trespassing, a misdemeanor charge which carries a penalty of up to one year in jail. Frank Munger, an award-winning journalist with the Knoxville News Sentinel, was the first to publicly wonder, “If unarmed protesters dressed in dark clothing could reach the plant’s core during the cover of dark, it raised questions about the plant’s security against more menacing intruders.”
On Wednesday August 1, all nuclear operations at Y-12 were ordered to be put on hold in order for the plant to focus on security. The “security stand-down” was ordered by security contractor in charge of Y-12, B&W Y-12 (a joint venture of the Babcock and Wilcox Company and Bechtel National Inc.) and supported by the National Nuclear Security Administration.
On Thursday August 2, Rice, Boertje-Obed, and Walli appeared in court for a pretrial bail hearing. The government asked that all three be detained. One prosecutor called them a potential “danger to the community” and asked that all three be kept in jail until their trial. The US Magistrate allowed them to be released.
Sr. Megan Rice walked out of the jail and promptly admitted to gathered media that the three had indeed gone onto the property and taken action in protest of nuclear weapons. “But we had to — we were doing it because we had to reveal the truth of the criminality which is there, that’s our obligation,” Rice said. She also challenged the entire nuclear weapons industry: “We have the power, and the love, and the strength and the courage to end it and transform the whole project, for which has been expended more than 7.2 trillion dollars,” she said. “The truth will heal us and heal our planet, heal our diseases, which result from the disharmony of our planet caused by the worst weapons in the history of mankind, which should not exist. For this we give our lives — for the truth about the terrible existence of these weapons.”
Then the government began increasing the charges against the anti-nuclear peace protestors.
The day after the Magistrate ordered the release of Rice, Boertje-Obed, and Walli, a Department of Energy (DOE) agent swore out a federal criminal complaint against the three for damage to federal property, a felony punishable by zero to five years in prison, under 18 US Code Section 1363.
The DOE agent admitted the three carried a letter which stated, “We come to the Y-12 facility because our very humanity rejects the designs of nuclearism, empire and war. Our faith in love and nonviolence encourages us to believe that our activity here is necessary; that we come to invite transformation, undo the past and present work of Y-12; disarm and end any further efforts to increase the Y-12 capacity for an economy and social structure based on war-making and empire-building.”
Now, Rice, Boertje-Obed, and Walli were facing one misdemeanor and one felony and up to six years in prison.
But the government did not stop there. The next week, the charges were enlarged yet again.
On Tuesday August 7, the U.S. expanded the charges against the peace activists to three counts. The first was the original charge of damage to Y-12 in violation of 18 US Code 1363, punishable by up to five years in prison. The second was an additional damage to federal property in excess of $1000 in violation of 18 US Code 1361, punishable by up to ten years in prison. The third was a trespassing charge, a misdemeanor punishable by up to one year in prison under 42 US Code 2278.
Now they faced up to sixteen years in prison. And the actions of the protestors started to receive national and international attention.
On August 10, 2012, the New York Times ran a picture of Sr. Megan Rice on page one under the headline “The Nun Who Broke into the Nuclear Sanctum.” Citing nuclear experts, the paper of record called their actions “the biggest security breach in the history of the nation’s atomic complex.”
At the end of August 2012, the Inspector General of the Department of Energy issued at comprehensive report on the security breakdown at Y-12. Calling the peace activists trespassers, the report indicated that the three were able to get as far as they did because of “multiple system failures on several levels.” The cited failures included cameras broken for six months, ineptitude in responding to alarms, communication problems, and many other failures of the contractors and the federal monitors. The report concluded that “Ironically, the Y-12 breach may have been an important “wake-up” call regarding the need to correct security issues at the site.”
On October 4, 2012, the defendants announced that they had been advised that, unless they pled guilty to at least one felony and the misdemeanor trespass charge, the U.S. would also charge them with sabotage against the U.S. government, a much more serious charge. Over 3000 people signed a petition to U.S. Attorney General Holder asking him not to charge them with sabotage.
But on December 4, 2012, the U.S. filed a new indictment of the protestors. Count one was the promised new charge of sabotage. Defendants were charged with intending to injure, interfere with, or obstruct the national defense of the United States and willful damage of national security premises in violation of 18 US Code 2155, punishable with up to 20 years in prison. Counts two and three were the previous felony property damage charges, with potential prison terms of up to fifteen more years in prison.
Gone entirely was the original misdemeanor charge of trespass. Now Rice, Boertje-Obed, and Walli faced up to thirty-five years in prison.
In a mere five months, government charges transformed them from misdemeanor trespassers to multiple felony saboteurs.
The government also successfully moved to strip the three from presenting any defenses or testimony about the harmful effects of nuclear weapons. The U.S. Attorney’s office filed a document they called “Motion to Preclude Defendants from Introducing Evidence in Support of Certain Justification Defenses.” In this motion, the U.S. asked the court to bar the peace protestors from being allowed to put on any evidence regarding the illegality of nuclear weapons, the immorality of nuclear weapons, international law, or religious, moral or political beliefs regarding nuclear weapons, the Nuremberg principles developed after WWII, First Amendment protections, necessity or US policy regarding nuclear weapons.
Rice, Boertje-Obed, and Walli argued against the motion. But, despite powerful testimony by former U.S. Attorney General Ramsey Clark, a declaration from an internationally renowned physician and others, the Court ruled against defendants.
Meanwhile, Congress was looking into the security breach, and media attention to the trial grew with a remarkable story in the Washington Post, with CNN coverage and AP and Reuters joining in.
The trial was held in Knoxville in early May 2012. The three peace activists were convicted on all counts. Rice, Boertje-Obed, and Walli all took the stand, admitted what they had done, and explained why they did it. The federal manager of Y-12 said the protestors had damaged the credibility of the site in the U.S. and globally and even claimed that their acts had an impact on nuclear deterrence.
As soon as the jury was dismissed, the government moved to jail the protestors because they had been convicted of “crimes of violence.” The government argued that cutting the fences and spray-painting slogans was property damage such as to constitute crimes of violence so the law obligated their incarceration pending sentencing.
The defense pointed out that Rice, Boertje-Obed, and Walli had remained free since their arrest without incident. The government attorneys argued that two of the protestors had violated their bail by going to a congressional hearing about the Y-12 security problems, an act that had been approved by their parole officers.
The three were immediately jailed. In its decision affirming their incarceration pending their sentencing, the court ruled that both the sabotage and the damage to property convictions were defined by Congress as federal crimes of terrorism. Since the charges carry potential sentences of ten years or more, the Court ruled there was a strong presumption in favor of incarceration which was not outweighed by any unique circumstances that warranted their release pending sentencing.
These non-violent peace activists now sit in jail as federal prisoners, awaiting their sentencing on September 23, 2012.
In ten months, an 82 year old nun and two pacifists had been successfully transformed by the U.S. government from non-violent anti-nuclear peace protestors accused of misdemeanor trespassing into felons convicted of violent crimes of terrorism.
Posted by rogerhollander in Barack Obama, Criminal Justice, Health, Human Rights, Torture.
Tags: congress, Criminal Justice, detainee transfer, force feedin, force feeding, Guantanamo, guantanamo detainee, human rights, hunger strike, jacob chamberlain, jon queally, medical ethics, Obama, roger hollander, torture
U.S. President Barack Obama stated at a press conference on Tuesday that he would like to shut down the Guantanamo Bay prison but said that Congress was to blame for blockading any such action.
However, rights groups are calling Obama’s bluff, saying he actually does have the power to transfer detainees and put an end to the indefinite detention, solitary confinement, and torture inherent within the military prison—without the approval of Congress—and that he simply lacks the political courage to do so.
Obama stated Tuesday:
Now Congress determined that they would not let us close it and despite the fact that there are a number of the folks who are currently in Guantanamo who the courts have said could be returned to their country of origin or potentially a third country. . . . And so I’m going to — as I’ve said before, we’re — examine every option that we have administratively to try to deal with this issue. But ultimately, we’re also going to need some help from Congress.
In response, lawyers for Guantanamo detainees at the Center for Constitutional Rights stated, “We praise the president for re-affirming his commitment to closing the base but take issue with the impression he strives to give that it is largely up to Congress.”
Rather than waiting for Congress to make a move on Guantanamo, CCR reports Tuesday that Obama has the autonomy to take a number of actions:
- Congress is certainly responsible for imposing unprecedented restrictions on detainee transfers, but President Obama still has the power to transfer men right now. He should use the certification/waiver process created by Congress to transfer detainees, starting with the 86 men who have been cleared for release, including our client Djamel Ameziane.
- Congress may have tied one hand behind his back, but he has tied the other: he should lift his self-imposed moratorium on transfers to Yemen regardless of a detainee’s status. It’s collective punishment based on citizenship, and needs to be reevaluated now.
- President Obama should appoint a senior government official to shepherd the process of closure, and should give that person sufficient authority to resolve inter-agency disputes.
- The President must demonstrate immediate, tangible progress toward the closure of Guantanamo or the men who are on hunger strike will die, and he will be ultimately responsible for their deaths.
Likewise, the ACLU affirmed Tuesday that Obama holds certain powers to release at least half of the Guantanamo detainees:
There are two things the president should do. One is to appoint a senior point person so that the administration’s Guantánamo closure policy is directed by the White House and not by Pentagon bureaucrats. The president can also order the secretary of defense to start certifying for transfer detainees who have been cleared, which is more than half the Guantánamo population.
Carlos Warner, an attorney representing 11 Guantanamo prisoners, said today:
I applaud President Obama’s remarks — he hasn’t mentioned Guantanamo in years — but the fact is that Congress has very little to do with it. NDAA as written allows the President to transfer individuals if it’s in the national security of the United States. The President’s statement made clear that Guantanamo negatively impacts our national security. The question is not whether the administration has the authority to transfer innocent men, but whether it has the political courage to do so.
And writing at the Lawfare Tuesday, Benjamin Wittes adds that Obama’s comments on Tuesday are a direct contradiction of his own self imposed policies. Wittes states:
The President’s comments are bewildering because his own policies give rise to the vast majority of the concerns about which he so earnestly delivered himself in these remarks.
Remember that Obama himself has imposed a moratorium on repatriating people to Yemen. And Obama himself has insisted that nearly 50 detainees cannot either be tried or transferred.
A US military guard carries shackles at the US detention center in Guantánamo Bay. (Photograph: John Moore/Getty Images)
The US military has confirmed that at least 40 “medical personnel” have arrived at the Guantanamo Bay detention facility in order to expand a force-feeding operation designed to counter an ongoing hunger strike by more than 100 prisoners protesting their indefinite detention and ill treatment.
But because the procedure of “force-feeding” is widely held as a form of torture, critics of the practice may well view the medical teams as nothing more than ‘torture reinforcements’ as the number of those approved for the painful process continues to grow and their conditions deteriorate.
Military authorities repeatedly claim that force-feedings are somehow necessary, but experts are unequivocal when they declare that the procedure is torture.
The United Nations Human Rights Commission considers the practice of force-feeding—in which detainees are strapped to a restraining chair, have tubes pushed up their nostrils and liquids pumped down their throats—a clear form of torture. In addition, the World Medical Association prohibits its physicians from participating in force-feeding and the American Medical Association has just sent a letter to the Pentagon calling the practice an affront to accepted medical ethics.
One detainee, speaking recently through his lawyer David Remes, described the process by saying it felt a “razor blade [going] down through your nose and into your throat.”
In an interview with the Guardian, Remes discussed the treatment of those at Guantanamo as he pushed back against the US military’s claims that it is safeguarding the prisoners by torturing them. “It’s like the way you would treat an animal,” he said. Watch:
Despite testimony like this and the many objections by human rights advocates, reports indicate that at least 21 men have been approved for force feeding at the US prison.
As The Guardian reports:
Authorities said that the “influx” of medical reinforcements had been weeks in the planning. But the news will fuel speculation that the condition of hunger-striking prisoners at Guantánamo Bay is deteriorating. Shaker Aamer, the last British resident being kept at the centre, told his lawyer earlier this month that authorities will soon see fatalities as a result of the current action.
“I cannot give you numbers and names, but people are dying here,” said Aamer, who is refusing food.
The action is a protest against conditions at the centre, as well as the indefinite nature of the remaining prisoners’ confinement. Aamer has been cleared for release twice, but is still behind bars after 11 years. He has never been charged or faced trial but the US refuses to allow him to return to the UK, despite official protests by the British government.
Late last week, president of the American Medical Association, Dr. Jeremy Lazarus, sent a letter to US Secretary of Defense Chuck Hagel in order to remind the Pentagon that the AMA’s long-held view is that force feeding is both an unethical and inhumane practic practice.
As Reuters report:
[The AMA letter] urged the defense secretary “to address any situation in which a physician may be asked to violate the ethical standards of his or her profession.”
Hagel had just returned from a trip to the Middle East and it was unclear whether he had seen the letter, said Pentagon spokesman Army Lieutenant Colonel Todd Breasseale.
Asked if military doctors had raised ethical concerns about being asked to perform force-feedings, Breasseale said, “I can tell you there have been no organized efforts, but I cannot speak for individual physicians.
Vince Warren, director of the Center for Constitutional Rights which represents many of the detainees, welcomed the AMA’s letter.
“In reaffirming its long-standing opposition to force feeding Guantanamo prisoners, the country’s most prominent medical association has delivered a stinging rebuke to the Obama administration’s wholly inadequate response to the hunger strik,” Warren said. “The administration cannot force feed its way out of this growing medical emergency.”
He added, “The only true solution is to resume transfers of prisoners and close Guantanamo.”
Posted by rogerhollander in Canada, Criminal Justice, Torture, War, War on Terror.
Tags: Canada, child soldier, Criminal Justice, dennis edney, diana mehta, Guantanamo, khadr appeal, military commissions, Omar Khadr, roger hollander, terrorism, torture
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Janet Hamlin / AP
Khadr had pleaded guilty before a military commission in October 2010 to five war crimes — among them killing a U.S. special forces soldier — committed as a 15 year old in Afghanistan. He was given a further eight years behind bars.
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Khadr’s lawyer Dennis Edney said Saturday that the Toronto-born 26-year-old was “looking forward” to the appeal, which is expected to be filed “very soon.”
Khadr has been held in maximum-security Millhaven Institution in Kingston, Ont. since his transfer to Canada last September from Guantanamo Bay, where he had been held for a decade.
He had pleaded guilty before a widely discredited American military commission in October 2010 to five war crimes — among them the killing of a U.S. special forces soldier — committed in Afghanistan when he was 15 years old. He was given a further eight years behind bars.
Edney said the appeal being launched aims to have all those convictions dismissed.
“We are very confident that the military tribunal convictions will be overturned because in our view there are serious questions about the validity of all these convictions,” Edney told The Canadian Press.
Although Khadr opted for a plea agreement in 2010, Edney argued his guilty plea may not have too much of a bearing on his appeal.
“If you plead guilty to a charge which is a nullity in war, then the plea is also a nullity,” he said.
The case is still likely to be complicated as Khadr did sign away his appeal rights in 2010. but Edney contends that obstacle, too, could be surmounted.
“If the underlying acts weren’t crimes, at least not war crimes, then Mr. Khadr’s waiver may also be unreliable,” he said.
Edney said his team would be filing an appeal first with a U.S. military commission, and then later in the U.S. civil courts if necessary, to overturn all of Khadr’s convictions.
The terms of Khadr’s transfer to Canada precluded attacking his sentence in Canadian courts.
Working in Khadr’s favour, Edney said, are two similar military commission verdicts which American appeal courts have already thrown out after ruling the crimes did not exist under international law of war at the time.
Last October an American appeal court dismissed Osama bin Laden’s driver Salim Hamdan’s 2008 conviction for providing material support for terrorism.
In essence, the court ruled no such crime existed under international law of war at the time of the alleged offence and retroactive prosecutions were not authorized.
In January, the same court threw out the conviction of Ali Hamza al-Bahlul, a Yemeni who was charged with providing material support to terrorism and conspiracy for making propaganda videos for Al Qaeda. In that case, however, a U.S. appeals court said earlier this month that it will re-examine the decision.
Nonetheless, Edney said the rulings on those two cases could bode well for Khadr’s appeal.
“As the law now stands, based upon two earlier rulings … where the civilian appeals court overturned the same charges Omar faced, it concluded the charges were not and are not recognized international law of war charges,” he said.
Edney said he was surprised previous lawyers retained by Khadr hadn’t filed an appeal so far.
“One would expect that should have been done as a matter of course. It wasn’t,” he said. “I took it upon myself to persuade the military defence department to agree that Omar Khadr’s case was worthy of an appeal and they agreed.”
Posted by rogerhollander in Criminal Justice, Cuba, Foreign Policy, Labor.
Tags: adriana perez, alan gross, bob menendez, Criminal Justice, Cuba, cuban five, fidel castro, foreign policy, john kerry, Latin America, oakland ross, raul castro, roger hollander
Roger’s note: here is just another example of Obama following the same foreign policy as bush and his predecessors with respect to Latin America, as with his ((and Secretary of State Clinton’s) tacit support for the coup in Honduras and Paraguay, not to mention Venezuela. As a Latin Americanist I am more than disgusted with Obama and his phony campaign gimmick about change you can believe in.
JOSE GOITIA / Toronto Star file photo
The Cuban Five, who were convicted in Miami of espionage, are portrayed on a billboard near Havana as then Cuban president Fidel Castro delivers a speech, in this photo from June 23, 2001
She’s 43 years old, childless, and lives in Cuba, while her husband of a quarter-century is incarcerated in a U.S. maximum-security prison, having served just 14 years of a soul-crushing sentence — two life terms plus 15 years.
So what are the odds that Adriana Perez and her spouse, Gerardo Hernandez, will ever have a child together?
Right now, those chances are looking extremely slim.
Or, as Perez put it just the other day: “It’s another one of our rights that is being violated.”
In this case, the right to bear children.
An intense, somewhat diminutive woman with dark, striking features and a crown of wavy black hair, the Cuban activist was in town last week to address an assembly of about 160 mostly left-leaning Torontonians. They crowded into the United Steelworkers Hall at 25 Cecil St. to hear a tale of American hard-heartedness and duplicity, at least as it’s framed by one of its victims.
In the United States, however, the same individuals are vilified as foreign spies, criminals who broke the law and who richly deserve to be behind bars.
Behold the core configuration of Cuba-U.S. relations in the early years of the third millennium: a tale of five Cuban convicts — plus one yanqui detainee.
The gringo in this story is a 63-year-old American by the name of Alan Gross, who is currently doing time in a Cuban jail.
Put them together, and what you’ve got is possibly the main obstacle to progress on what may well be the most bizarrely dysfunctional bilateral relationship in the world, a state of bitter enmity that has alternately fumed and flared for more than 50 years, pitting Washington and Havana in what some regard as the final battleground of the Cold War.
The Cold War, of course, is over — and ideological disagreement no longer has much to do with the stubborn antipathy that continues to dominate U.S.-Cuba relations.
Even the experts seem stymied by the remarkable and seemingly illogical persistence of the dispute.
“There is no explanation,” says Larry Birns, director of the Council on Hemispheric Affairs, a Washington-based think-tank. “This is the war without end — the war against Cuba.”
To some degree, that war can now be reduced to a conflict over prisoners — five Cubans and one American.
Where the Cubans are concerned, time is fast running out.
“The real fear is that the United States is essentially destroying the prospects of these families to have children,” says Birns. “The inability to have children confronts all of them.”
It is certainly staring Adriana Perez straight in the face, as she travels the world trying to drum up support for her husband and his four comrades.
In fact, her hopes for children may already be moot.
Dispatched to south Florida in the 1990s, the five Cuban men were on a long-term clandestine mission — no one denies that — but they were not spies in the conventional sense, according to their defenders. They were not interested in undermining the U.S. government or its institutions. Instead, they spent their time monitoring the activities of radical Cuban-American groups fiercely opposed to the government of Fidel Castro and not averse to violence.
Later, Havana offered to share its intelligence with the U.S. government.
Instead of saying gracias, compañeros, American authorities responded by arresting the five Cubans and charging them with a raft of espionage-related crimes.
Lawyers for the five sought to move the trial out of Miami, with its volatile anti-Castro community, but those efforts were rebuffed.
“That was quite shocking,” says Birns. “In south Florida, it’s hard to imagine you could get an impartial jury.”
Impartial or not, the Miami jurors subsequently convicted the defendants on all counts, and the men were sentenced in 2001 to sometimes astoundingly long prison terms, most notably the sentence meted out to the husband of Adriana Perez.
With one exception — Rene Gonzalez, who was released from a federal prison in 2011 but is still serving three years of parole — the Cubans have remained behind bars ever since.
“In spite of this, they have not lost their optimism that they will return to Cuba,” said Perez, who hasn’t seen her husband since the 1990s — and not for lack of trying.
On at least 10 occasions, she has sought a U.S. visa in order to visit Hernández in jail, only to be turned down each time.
This past week, she called on a highly sympathetic Toronto audience to step up their efforts to win the release of the five.
“I ask each one of you, when you leave here, to think, ‘What would I do if it was my son or brother or father who was in jail?’ ” she said. U.S. President Barack Obama “is not going to give freedom to the five spontaneously or because he is a good person.”
What’s needed, she said, is political pressure.
That pressure could take many different forms, but it seems unlikely they will include a prisoner exchange, although the Cubans have earnestly sought one.
Cue Alan Gross, a possibly somewhat naive American who was arrested in Havana in 2009, while working on a “pro-democracy” project funded by the United States Agency for International Development, a contract that involved providing electronic communications equipment to the island’s minuscule Jewish community.
For that activity, the Cubans arrested the American and put him on trial. He is now serving a 15-year sentence for crimes against the Cuban state.
Havana has left no doubt that it would agree to a swap — Gross’s freedom in return for the release of some or all of the five. But Washington says no.
“The U.S. position is these are not comparable detainees,” says Christopher Sabatini, policy director at the Council of the Americas, a research and analysis forum based in New York. “I don’t think the United States is going to budge on this.”
As a result, the two neighbours remain suspended in the same state of mutual hostility and diplomatic paralysis that has prevailed for almost as long as Cuba has been governed by someone named Castro.
Nowadays, the man in charge in Havana is Raul Castro, Fidel’s slightly younger brother and a considerably more pragmatic individual than his elder sibling ever was.
By most accounts, Raul badly wants to ease tensions with Washington — for economic reasons, above all, given the dilapidated state of the island’s economy. But his government also seems deeply committed to securing the release of the Cuban Five.
“They have tried every conceivable measure to show they are conciliatory,” says Birns in Washington. “They are giving away the store in terms of the concessions they are granting. You would think that Washington would want to dance around the maypole.”
Instead, the Obama administration continues to include Cuba on its list of “terrorist” states — a tired anachronism at best — and to maintain its long-running economic embargo against the island.
“We’re in a complete stalemate,” says Sabatini.
It sometimes seems that nothing short of the Second Coming could inspire a change in the official U.S. stance on Cuba.
Consider the recent appointment of John Kerry as U.S. secretary of state. Many observers expected the former Democratic presidential candidate to provide a fresh new look to Washington’s outmoded policy toward the island. After all, he has long advocated a range of measures that would reduce tensions between the two sides. So far, however, there is little sign that Kerry is sparing much time pondering the fate either of the Cuban Five or of the remaining 11 million islanders still sweltering in the Antillean sea breeze roughly 100 kilometres across the Straits of Florida from Key West.
“That’s the shamefulness of it,” says Birns. “This is the great curse. It’s an unvisited policy.”
According to Sabatini, Cuba receives little attention from the State Department in Washington at least partly because the U.S. has far bigger foreign-policy concerns, from North Korea to China to the Middle East.
Besides, he says, improved relations with the island would spell only minor economic and political benefits for the United States, while risking a much more formidable downside — the outrage of Cuban-Americans in south Florida.
“The amount of noise they would cause is huge,” he says. “So why do it?”
In the absence of a clear directive from the White House, he believes it is inevitable that Cuba policy will remain mired in bureaucratic inertia and outdated thinking.
After all, the U.S. Senate’s foreign affairs committee is chaired by Bob Menendez, a retrograde Cuban-American who would not look fondly on ambassadorial candidates with a history of progressive-minded ideas about his ancestral island home.
“The problem is that, for career people in Washington, being behind a Cuba change is a death sentence,” says Sabatini. “They want to be ambassadors. They’d never be approved.”
Still, there may be at least a glimmer of change on the short-term horizon, as Obama prepares to travel to the region next month, a trip that will include stops in Mexico and Costa Rica.
The United States is now the only country in the Americas that does not have normal diplomatic relations with Havana, and Latin American leaders are impatient with what they see as U.S. foot-dragging.
That frustration might be enough to produce a shift in Washington’s tone, if not something more concrete.
“There are rumblings of change,” says Sabatini. “But it will have to come from the White House.”
Meanwhile, Adriana Perez continues to traverse the globe, on an increasingly urgent campaign to secure the release of her husband.
“We hope it comes soon,” she said in Toronto last Saturday, “because it’s already too late.”
For more about Cuba — the good, the not-so-good, and the downright glorious — check out Oakland Ross’s eRead, Cuba Libre. Simply go to stardispatches.com and subscribe for $1/week. Cuba Libre is also available for single-copy purchase at itunes.ca or starstore.ca for $2.99.
Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Human Rights.
Tags: civil liberties, Criminal Justice, desmond tutu, dick gregory, ed asner, human rights, lynne stewart, pete seeger, political prisoner, state repression, US government
Roger’s note: to learn more about Lynne Stewart, http://en.wikipedia.org/wiki/Lynne_Stewart
April 15th, 2013
Statement by Ed Asner in support of Lynne Stewart:
April 13, 2013
“Given the enormous good that Lynne Stewart has done for humanity throughout her life as a courageous lawyer for the poor, the oppressed and the unjustly accused, I am shocked by the cynical perversity of a government that has pursued her savagely and vengefully.
Lynne Stewart’s treatment by the government has been demonic. Prevented from scheduled surgery, her breast cancer spread to her lymph nodes, bones and lungs. Denied proper medical treatment, she has been bound with 10 pounds of shackles and chains, even when in a hospital bed.
In tormenting Lynne Stewart the government seeks to terrorize all lawyers who would defend those targeted by State repression. The treatment of Lynne Stewart is a threat to due process, an assault on fundamental rights that date to Magna Carta.
Lynne Stewart must be free. The law requires her compassionate release and the medical care that can save her life. We must deny the State a death sentence aimed at the freedom of us all.
The State power that torments Lynne Stewart invades countries at will, murders hundreds of thousands with impunity and creates a climate of fear and repression to prevent the people of this country from calling those in power to account.
The fight to free Lynne Stewart is a front-line battle for basic rights secured through the American revolution and is a measure of our will to reclaim a land of the free in the home of the brave.”
April 4th, 2013
DECLARATION BY DICK GREGORY — APRIL 4, 2013 (PDF Verison)
I hereby declare on this day commemorating the life and sacrifice of my friend and brother in struggle, Dr. Martin Luther King, Jr., that in the spirit of his moral legacy, I demand the immediate release from prison of the legendary lawyer Lynne Stewart, who devoted her entire professional life to the poor, the oppressed and those targeted by the police and a vindictive State.
I further declare that from this day forth, I shall refuse all solid food until Lynne Stewart is freed and receives medical treatment in the care of her family and with physicians of her choice without which she will die.
There is no time to lose as cancer, which had been in remission, has metastasized since her imprisonment. It has spread to her lymph nodes, her shoulder and appears in her bones and in her lungs.
Read the rest of this entry »
April 2nd, 2013
VIEW PETITION SIGNATURES (PDF)
(as of March 31, 2013)
VIEW COMMENTS FROM PEOPLE IN SUPPORT OF LYNNE! (PDF)
Lynne Stewart sends her appreciation to petition signatories:
I want you, individually, to know how gratifying and happy it makes me to have your support. It is uplifting, to say the least, and after a lifetime of organizing it proves once again that the People can rise.
The acknowledgement of the life-political, and solutions brought about by group unity and support, is important to all of us. Equally, so is the courage to sign on to a demand for a person whom the Government has branded with the “T” word — Terrorist. Understanding that the attack on me is a subterfuge for an attack on all lawyers who advocate without fear of Government displeasure, with intellectual honesty guided by their knowledge and their client’s desire for his or her case, I hope our effort can be a crack in the American bastion. Thank you. Lynne
03/20/13 Federal Medical Center, Carswell
April 1st, 2013
Letter from Lynne responding to Desmond Tutu’s message of support:
My dear honorable Desmond Tutu:
I hardly know how to address you, for while we have never met face to face we are bonded as only those who fight for the rights and justice of humanity can be. As my husband and I are activists of many years and struggles, we can claim this lovely unity with you harking back to Nelson Mandela at Robbin Island, the original ANC and before. While I know you are still engaged in helping South Africa reach the highest level of the expectations of freedom, I am most pleased and amazed that you have taken the time to support my efforts against the US prison system.
I have now been in jail as a political prisoner since 2009, but only recently been diagnosed with fatal cancer. The “mechanism” in the US law that allows “compassionate release” is so infrequently utilized that the New York Times did an editorial criticizing the system. Anytime the key to the jailhouse is placed in the hands of uncaring bureaucrats, freedom is at stake.
Having been informed that their “rule” is that one must have death in the room–a prognosis of a year or less, to be considered, once again forces me to don my armor and do battle—not just for me but for all the millions of prisoners who do not receive the consideration that they deserve. It is a fight to demand that each person is treated with individual care and attention. It is with great joy that I see you joining me and this renews my hope and belief that the worldwide network of good caring people exists and can be made manifest.
March 29th, 2013
To send Lynne a letter, write:
Federal Medical Center, Carswell
For more information e-mail us at
1lawyerleft at gmail.com
Click here for information on contributing to the Lynne Stewart Defense Committee, as well as contributing to Lynne’s commissary.
Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice.
Tags: bradley manning, commander-in-chief, constitution, Criminal Justice, denise lind, jacob chambderlain, kevin gosztola, military trial, roger hollander, rule of law, speedy trial, torture, wikileaks
Roger’s note: 1000 days in prison without trial is not considered by military judge Colonel Denise Lind, to be a violation of the accused’s right to a speedy trial. The standard is 120 days. But wait a second, Bradley Manning is a soldier and his commander in chief, the president of the United States has already convicted him, stating not that he is accused of breaking the law but that in fact he did break the law (http://www.politico.com/news/stories/0411/53601.html). Talk about justice.
Here is a comment from DarwinsBeagle in response to the judge’s decision:
80,000 American citizens are now held in solitary confinement for years, decades and lifetimes. The depravity of this society is unparalleled in human history. Manning is a prime example of how this vicious and sick society deals with people. This could be any one of us. All the while, they rubberstamp their criminality with court rulings like this one. Truly disgraceful. From www salem-news dot com:
His cell is approximately six feet wide and twelve feet in length. The cell has a bed, a drinking fountain, and a toilet. The guards at the confinement facility are professional. At no time have they tried to bully, harass, or embarrass PFC Manning. Given the nature of their job, however, they do not engage in conversation with PFC Manning.
At 5:00 a.m. he is woken up. Under the rules for the confinement facility, he is not allowed to sleep at anytime between 5:00 a.m. and 8:00 p.m. If he attempts to sleep during those hours, he will be made to sit up or stand by the guards.
He cannot see otherinmates from his cell. He can occasionally hear other inmates talk. Currently, there are no other inmates near his cell.
He is allowed to receive letters from those on his approved list and from his legal counsel. If he receives a letter from someone not on his approved list, he must sign a rejection form. The letter is then either returned to the sender or destroyed.
Due to being held on Prevention of Injury (POI) watch: PFC Manning is held in his cell for approximately 23 hours a day.
The guards are
required to check on PFC Manning every five minutes by asking him if he is okay. PFC Manning is required to respond in some affirmative manner.
At night, if the guards cannot see PFC Manning clearly, because he has a blanket over his head or is curled up towards the wall, they will wake him in order to ensure he is okay.
He receives each of his meals in his cell.
He is not allowed to have a pillow or sheets.
He is not allowed to have any personal items in his cell.
He is only allowed to have one book or one magazine at any given time to read in his cell.
The book or magazine is taken away from him at the end of the day before he goes to sleep.
He is prevented from exercising in his cell. If he attempts to do push- ups, sit-ups, or any other form of exercise he will be forced to stop.
He does receive one hour of “exercise” outside of his cell daily. He is taken to an empty room and only allowed to walk. PFC Manning normally just walks figure eights in theroom for the entire hour. If he indicates that he no longer feels like walking, he is immediately returned to his cell.
When PFC Manning goes to sleep, he is required to strip down to his boxer shorts and surrender his clothing to the guards. His clothing is returned to him the next morning.
In March 2011, they began stripping Manning naked, depriving him of his glasses as well.
BY ANY STANDARD THIS IS TORTURE; VENGEFUL PUNISHMENT AUTHORIZED BY PRESIDENT OBAMA HIMSELF.
WE USED TO SAY JOKINGLY THAT “MILITARY JUSTICE” IS AN OXYMORON; TODAY WE CAN SAY WITH REASON THAT “AMERICAN JUSTICE” IS AN OXYMORON.
Published on Tuesday, February 26, 2013 by Common Dreams
Manning’s Right to a Speedy Trial Not Violated After 1,000 Days, Judge Rules
Pre-trial hearings move to a full court martial trial in June
- Jacob Chamberlain, staff writer
Bradley Manning has not had his rights violated while waiting in a cell for almost three years before being granted a trial, judge Colonel Denise Lind ruled in a pre-trial hearing Tuesday.
Bradley Manning. (Reuters / Jose Luis Magaua)
Manning’s lawyer, David Coombs, had argued that the prosecution was guilty of “extreme foot-dragging” and “shameful” lack of diligence, which violated Manning’s right to a speedy trial—in a final bid that could have had the charges against Manning dismissed.
A soldier in the military has had his or her speedy trial rights violated when it takes over 120 days before an arraignment, Kevin Gosztola reports at FireDogLake, which is the case for Manning. However, Lind ruled in favor of the prosecution who said some of those days didn’t actually count in the speedy trial rule, due to “excludable delays” initiated by the prosecution.
The pre-trial hearings will now be certain to move to a full court martial trial in June.
Saturday marked the 1,000th day Manning has been in military custody without trial, and protesters gathered in 70 locations around the world in solidarity with Manning.
The Guardian adds more detail:
The judge, Colonel Denise Lind, spent two hours reading out her judgment to a pre-trial hearing in Fort Meade, Maryland. She went through the procedures in preparing for trial in minute detail, concluding that the exceptional length of the case was almost entirely justified as a result of its uniquely complex and sensitive nature. [...]
Under the Rules of Court Martial 707, any member of the military who is prosecuted must be brought to trial – as measured by the date of his or her arraignment – within a “speedy trial clock” of 120 days of being detained. But there are grounds for excusable delays that set back the clock that include the need for counsel to prepare for trial in a complex case, an inquiry into the mental condition of the accused, and the time taken to obtain security clearance for classified information.
In Manning’s case, the defense and prosecution agreed that there had been 84 days of diligent work between the soldier’s arrest and his arraignment on 23 February 2012. But the two sides were in dispute over 330 days.
Kevin Gosztola is live blogging from the courtroom here.
Posted by rogerhollander in Criminal Justice, Religion.
Tags: roger hollander, International law, Vatican, Criminal Justice, catholic church, Pope benedict, ratzinger, roman catholic, abby zimet, pedophile priests
Roger’s note: Apparently it was Mussolini who made the Vatican into a sovereign state. Somehow that seems appropriate.
Amidst growing efforts by international law advocates to arrest and prosecute Pope Benedict for the Church’s cover-up of child sex crimes, Vatican officials have announced they will give the retiring Pontiff sanctuary, arguing that otherwise he would be “defenseless” – a feeling likely familiar to the Church’s many victims of sexual abuse. A week before his resignation, the Pope reportedly heard from an undisclosed European government that the International Tribunal into Crimes Against Church and State (ITCCS) had called on “all people of conscience” to “disestablish the Vatican,” and seek Benedict’s and others’ arrests for crimes against humanity. Their call comes as part of an upcoming Easter Reclamation Campaign that also seeks to seize the assets of the Church under international law. In addition, the New York-based Centre for Constitutional Rights has requested, on behalf of the Survivors’ Network, an international inquiry into the Church’s sheltering of pedophile priests. Pope Benedict is reportedly scheduled to meet next week with Italian President Giorgio Napolitano to request immunity against allegations of child rape. We don’t really wish him well; we simply wish him what he legally and morally deserves.
“We call upon all citizens and governments to assist our efforts to legally disestablish the Vatican, Inc. and arrest its chief officers and clergy who are complicit in crimes against humanity and the ongoing criminal conspiracy to aid and protect child torture and trafficking.”
Posted by rogerhollander in Uncategorized.
Tags: capitalism, chris hedges, corrections corporation, Criminal Justice, drug policy, elizabeth detention, for profit prisons, Immigration, immigration reform, new jersey, prison industry, prison lobby, prison privatization, roger hollander, undocumented
|A row of beds inside the Elizabeth Detention Center.
By Chris Hedges
Marela, an undocumented immigrant in her 40s, stood outside the Elizabeth Detention Center in Elizabeth, N.J., on a chilly afternoon last week. She was there with a group of protesters who appear at the facility’s gates every year on Ash Wednesday to decry the nation’s immigration policy and conditions inside the center. She was there, she said, because of her friend Evelyn Obey.
Obey, 40, a Guatemalan and the single mother of a 12-year-old and a 6-year-old, was picked up in an immigration raid as she and nine other undocumented workers walked out of an office building they cleaned in Newark, N.J. Her two children instantly lost their only parent. She languished in detention. Another family took in the children, who never saw their mother again. Obey died in jail in 2010 from, according to the sign Villar had hung on her neck, “pulmonary thromboembolism, chronic bronchiolitis and emphysema and remote cardiac Ischemic Damage.’ ”
“She called me two days after she was seized,” Marela told me in Spanish. “She was hysterical. She was crying. She was worried about her children. We could not visit her because we do not have legal documents. We helped her get a lawyer. Then we heard she was sick. Then we heard she died. She was buried in an unmarked grave. We did not go to her burial. We were too scared of being seized and detained.”
The rally—about four dozen people, most from immigrant rights groups and local churches—was a flicker of consciousness in a nation that has yet to fully confront the totalitarian corporate forces arrayed against it. Several protesters in orange jumpsuits like those worn by inmates held signs reading: “I Want My Family Together,” “No Human Being is Illegal,” and “Education not Deportation.”
“The people who run that prison make money off of human misery,” said Diana Mejia, 47, an immigrant from Colombia who now has legal status, gesturing toward the old warehouse that now serves as the detention facility. As she spoke, a Catholic Worker band called the Filthy Rotten System belted out a protest song. A low-flying passenger jet, its red, green and white underbelly lights blinking in the night sky, rumbled overhead. Clergy walking amid the crowd marked the foreheads of participants with ashes to commemorate Ash Wednesday.
“Repentance is more than merely being sorry,” the Rev. Joyce Antila Phipps, the executive director of Casa de Esperanza
, a community organization working with immigrants, told the gathering. “It is an act of turning around and then moving forward to make change.”
The majority of those we incarcerate in this country—and we incarcerate a quarter of the world’s prison population—have never committed a violent crime. Eleven million undocumented immigrants face the possibility of imprisonment and deportation. President Barack Obama, outpacing George W. Bush, has deported more than 400,000 people since he took office. Families, once someone is seized, detained and deported, are thrown into crisis. Children come home from school and find they have lost their mothers or fathers. The small incomes that once sustained them are snuffed out. Those who remain behind often become destitute.
But human beings matter little in the corporate state. We myopically serve the rapacious appetites of those dedicated to exploitation and maximizing profit. And our corporate masters view prisons—as they do education, health care and war—as a business. The 320-bed Elizabeth Detention Center, which houses only men, is run by one of the largest operators and owners of for-profit prisons in the country, Corrections Corporation of America. CCA, traded on the New York Stock Exchange, has annual revenues in excess of $1.7 billion. An average of 81,384 inmates are in its facilities on any one day. This is a greater number, the American Civil Liberties Union points out in a 2011 report, “Banking on Bondage: Private Prisons and Mass Incarceration,” than that held by the states of New York and New Jersey combined.
The for-profit prisons and their lobbyists in Washington and state capitals have successfully blocked immigration reform, have prevented a challenge to our draconian drug laws and are pushing through tougher detention policies. Locking up more and more human beings is the bedrock of the industry’s profits. These corporations are the engines behind the explosion of our prison system. They are the reason we have spent $300 billion on new prisons since 1980. They are also the reason serious reform is impossible.
The United States, from 1970 to 2005, increased its prison population by about 700 percent, according to statistics gathered by the ACLU. The federal Bureau of Justice Statistics, the ACLU report notes, says that for-profit companies presently control about 18 percent of federal prisoners and 6.7 percent of all state prisoners. Private prisons account for nearly all of the new prisons built between 2000 and 2005. And nearly half of all immigrants detained by the federal government are shipped to for-profit prisons, according to Detention Watch Network.
U.S. Immigration and Customs Enforcement (ICE), which imprisons about 400,000 undocumented people a year, has an annual budget of more than $5 billion. ICE is planning to expand its operations by establishing several mega-detention centers, most run by private corporations, in states such as New Jersey, Texas, Florida, California and Illinois. Many of these private contractors are, not surprisingly, large campaign donors to “law and order” politicians including New Jersey Gov. Chris Christie.
In CCA’s annual report to the Securities and Exchange Commission for 2011, cited by the ACLU, the prison company bluntly states its opposition to prison reform. “The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are currently proscribed by criminal laws,” it declares. CCA goes on to warn that “any changes with respect to drugs and controlled substances or illegal immigration” could “potentially [reduce] demand for correctional facilities,” as would “mak[ing] more inmates eligible for early release based on good behavior,” the adoption of “sentencing alternatives [that] … could put some offenders on probation” and “reductions in crime rates.”
CCA in 2011 gave $710,300 in political contributions to candidates for federal or state office, political parties and 527 groups (PACs and super PACs), the ACLU reported. The corporation also spent $1.07 million lobbying federal officials along with undisclosed funds to lobby state officials, according to the ACLU. CCA, through the American Legislative Exchange Council (ALEC), lobbies legislators to impose harsher detention laws at the state and federal levels. The ALEC helped draft Arizona’s draconian anti-immigrant law SB 1070.
A March 2012 CCA investor presentation prospectus, quoted by the ACLU, tells potential investors that incarceration “creates predictable revenue streams.” The document cites demographic trends that the company says will continue to expand profits. These positive investment trends include, the prospectus reads, “high recidivism”—“about 45 percent of individuals released from prison in 1999 and more than 43 percent released from prison in 2004 were returned to prison within three years.” The prospectus invites investments by noting that one in every 100 U.S. adults is currently in prison or jail. And because the U.S. population is projected to grow by approximately 18.6 million from 2012 to 2017, “prison populations would grow by about 80,400 between 2012 and 2017, or by more than 13,000 additional per year, on average,” the CCA document says.
The two largest private prison companies in 2010 received nearly $3 billion in revenue. The senior executives, according to the ACLU report, each received annual compensation packages worth well over $3 million. The for-profit prisons can charge the government up to $200 a day to house an inmate; they pay detention officers as little as $10 an hour.
“Within 30 miles of this place, there are at least four other facilities where immigrants are detained: Essex, Monmouth, Delaney Hall and Hudson, which has the distinction of being named one of the 10 worst detention facilities in the country,” Phipps, who is an immigration attorney as well as a minister, told the gathering in front of the Elizabeth Detention Center. “The terrible secret is that immigration detention has become a very profitable business for companies and county governments.”
“More than two-thirds of immigrants are detained in so-called contract facilities owned by private companies, such as this one and Delaney Hall,” she went on. “The rise of the prison industrial complex has gone hand in hand with the aggrandizing forces of Immigration and Customs Enforcement, or ICE, which, by the way, has filed suit against the very government it is supposed to be working for because they were told to exercise prosecutorial discretion in their detention practices.” [Click here
to see more about the lawsuit, in which 10 ICE agents attack the administration’s easing of government policy on those who illegally entered the United States as children.]
There is an immigration court inside the Elizabeth facility, although the roar of the planes lifting off from the nearby Newark Airport forces those in the court to remain silent every three or four minutes until the sound subsides. Most of those brought before the court have no legal representation and are railroaded through the system and deported. Detainees, although most have no criminal record beyond illegal entry into the United States, wear orange jumpsuits and frequently are handcuffed. They do not have adequate health care. There are now some 5,000 children in foster care because their parents have been detained or deported, according to the Applied Research Center’s report “Shattered Families.” The report estimates that this number will rise to 15,000 within five years.
“I am in family court once every six to eight weeks representing some mother who is surrendering custody of her child to somebody else because she does not want to take that child back to the poverty of Guatemala, Honduras or El Salvador,” Phipps said when we spoke after the rally. “She has no option. She does not want her child to live in the same poverty she grew up in. It is heartbreaking.”
We have abandoned the common good. We have been stripped of our rights and voice. Corporations write our laws and determine how we structure our society. We have all become victims. There are no politicians or institutions, no political parties or courts, that are independent enough or strong enough to resist the corporate onslaught. Greater and greater numbers of human beings will be consumed. The poor, the vulnerable, the undocumented, the weak, the elderly, the sick, the children will go first. And those of us watching helplessly outside the gates will go next.
Chris Hedges, whose column is published Mondays on Truthdig, spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He has reported from more than 50 countries and has worked for The Christian Science Monitor, National Public Radio, The Dallas Morning News and The New York Times, for which he was a foreign correspondent for 15 years.
Hedges was part of the team of reporters at The New York Times awarded a Pulitzer Prize in 2002 for the paper’s coverage of global terrorism. He also received the Amnesty International Global Award for Human Rights Journalism in 2002. The Los Angeles Press Club honored Hedges’ original columns in Truthdig by naming the author the Online Journalist of the Year in 2009 and again in 2011. The LAPC also granted him the Best Online Column award in 2010 for his Truthdig essay “One Day We’ll All Be Terrorists.”
Hedges is a senior fellow at The Nation Institute in New York City and has taught at Columbia University, New York University and Princeton University. He currently teaches inmates at a correctional facility in New Jersey.
Hedges began his career reporting the war in El Salvador. Following six years in Latin America, he took time off to study Arabic and then went to Jerusalem and later Cairo. He spent seven years in the Middle East, most of them as the bureau chief there for The New York Times. He left the Middle East in 1995 for Sarajevo to cover the war in Bosnia and later reported the war in Kosovo. Afterward, he joined the Times’ investigative team and was based in Paris to cover al-Qaida. He left the Times after being issued a formal reprimand for denouncing the Bush administration’s invasion of Iraq.
He has written twelve books, including “Days of Destruction, Days of Revolt” (2012), “Death of the Liberal Class” (2010), “Empire of Illusion: The End of Literacy and the Triumph of Spectacle” (2009), “I Don’t Believe in Atheists” (2008) and the best-selling “American Fascists: The Christian Right and the War on America” (2008). His book “War Is a Force That Gives Us Meaning” (2003) was a finalist for the National Book Critics Circle Award for Nonfiction. In 2011, Nation Books published a collection of Hedges’ Truthdig columns called “The World As It Is: Dispatches on the Myth of Human Progress.”
Hedges holds a B.A. in English literature from Colgate University and a Master of Divinity degree from Harvard University. He was awarded an honorary doctorate from Starr King School for the Ministry in Berkeley, Calif. Hedges speaks Arabic, French and Spanish and knows ancient Greek and Latin. In addition to writing a weekly original column for Truthdig, he has written for Harper’s Magazine, The New Statesman, The New York Review of Books, Adbusters, Granta, Foreign Affairs and other publications.