Tags: addington, alberto gonzalex, bybee, CIA torture, condoleeza rice, constitutiion, Criminal Justice, Dick Cheney, George Bush, human rights, International law, john yoo, jon queally, nuremberg, obama torture, roger hollander, rumsfeld, senate intelligence, torture, waterboarding
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Roger’s note: The United States government and military violate international law on a daily basis; the Bush/Cheney torture regime, which Obama has outsourced to Bagram and god knows where else, is one of its most blatant manifestations. Obama’s “we need to look forward not backward” excuse for violating his oath to defend the constitution does credit to Lewis Carroll and Franz Kafka. The next time you are before a judge accused of a crime, please remind her that it is time to look forward and not backward. Your charges are sure to be dropped.
According to sources who spoke with McClatchy, five-year inquiry into agency’s torture regime ignores key role played by Bush administration officials who authorized the abuse
According to new reporting by McClatchy, the five-year investigation led by the U.S. Senate Intelligence Committee into the torture program conducted by the CIA in the aftermath of September 11, 2001 will largely ignore the role played by high-level Bush administration officials, including those on the White House legal team who penned memos that ultimately paved the way for the torture’s authorization.
Though President Obama has repeatedly been criticized for not conducting or allowing a full review of the torture that occured during his predecessor’s tenure, the Senate report—which has been completed, but not released—has repeatedly been cited by lawmakers and the White House as the definitive examination of those policies and practices. According to those with knowledge of the report who spoke with McClatchy, however, the review has quite definite limitations.
The report, one person who was not authorized to discuss it told McClatchy, “does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law.” Instead, the focus is on the actions and inations of the CIA and whether or not they fully informed Congress about those activities. “It’s not about the president,” the person said. “It’s not about criminal liability.”
Responding to comment on the reporting, legal experts and critics of the Bush torture program expressed disappointment that high-level officials in the administration were not part of the review. In addition to the president himself, Vice President Dick Cheney, National Security Advisor Condoleeza Rice and Secretary of Defense Donald Rumsfeld, others considered part of what it sometimes referred to as the “Torture Team,” include: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who wrote many of the specific legal memos authorizing specific forms of abuse.
“If it’s the case that the report doesn’t really delve into the White House role, then that’s a pretty serious indictment of the report,” Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School, said to McClatchy. “Ideally it should come to some sort of conclusions on whether there were legal violations and if so, who was responsible.”
And Kenneth Roth, executive director of Human Rights Watch, indicated that limiting the report to just the actions of the CIA doesn’t make much sense from a legal or investigative standpoint. “It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction. It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”
As Mclatchy‘s Jonathan S. Landay, Ali Watkins and Marisa Taylor report:
The narrow parameters of the inquiry apparently were structured to secure the support of the committee’s minority Republicans. But the Republicans withdrew only months into the inquiry, and several experts said that the parameters were sufficiently flexible to have allowed an examination of the roles Bush, Cheney and other top administration officials played in a top-secret program that could only have been ordered by the president.
“It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction,” said Kenneth Roth, executive director of Human Rights Watch. “It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”
It’s not as if there wasn’t evidence that Bush and his top national security lieutenants were directly involved in the program’s creation and operation.
The Senate Armed Services Committee concluded in a 2008 report on detainee mistreatment by the Defense Department that Bush opened the way in February 2002 by denying al Qaida and Taliban detainees the protection of an international ban against torture.
White House officials also participated in discussions and reviewed specific CIA interrogation techniques in 2002 and 2003, the public version of the Senate Armed Services Committee report concluded.
Several unofficial accounts published as far back as 2008 offered greater detail.
Cheney and Defense Secretary Donald Rumsfeld relentlessly pressured interrogators to subject detainees to harsh interrogation methods in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein, McClatchy reported in April 2009. Such evidence, which was non-existent, would have substantiated one of Bush’s main arguments for invading Iraq in 2003.
Other accounts described how Cheney, Rumsfeld, National Security Adviser Condoleezza Rice, Attorney General John Ashcroft, and Secretary of State Colin Powell approved specific harsh interrogation techniques. George Tenet, then the CIA director, also reportedly updated them on the results.
“Why are we talking about this in the White House? History will not judge this kindly,” Ashcroft said after one of dozens of meetings on the program, ABC News reported in April 2008 in a story about the White House’s direct oversight of interrogations.
News reports also chronicled the involvement of top White House and Justice Department officials in fashioning a legal rationale giving Bush the authority to override U.S. and international laws prohibiting torture. They also helped craft opinions that effectively legalized the CIA’s use of waterboarding, wall-slamming and sleep deprivation.
Though President Obama casually admitted earlier this, “We tortured some folks.” — what most critics and human rights experts have requested is an open and unbiased review of the full spectrum of the U.S. torture program under President Bush. And though increasingly unlikely, calls remain for those responsible for authorizing and conducting the abuse to be held accountable with indictments, trials, and if guilty, jail sentences. In addition, as a letter earlier this year signed by ten victims of the extrajudicial rendition under the Bush administration stated, the concept of full disclosure and accountability is key to restoring the credibility of the nation when it comes to human rights abuses:
Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.
These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.
As McClatchy notes, a redacted version of the report’s summary—the only part of it expected to be released to the public—continues to be under review. Its release date remains unclear.
Ha Ha! Waterboarding! War Crimes! Shooting People in the Face! Hell Yeah! Fellow Sociopaths Have A Merry Old Time Roasting Dick Cheney, the Sociopathiest of Them All October 10, 2013Posted by rogerhollander in Criminal Justice, Dick Cheney, War on Terror.
Tags: abby zimet, Dick Cheney, donald rumsfeld, joe liberman, roger hollander, rupert murdoch, torture, War Crimes, waterboarding
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Obama Gives Bush “Absolute Immunity” For Everything August 27, 2013Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.
Tags: abby zimet, Dick Cheney, George Bush, International law, Iraq war, nuremberg, Obama, roger hollander, rumsfeld, Sundus Shaker Saleh, tom tomorrow, torture, War Crimes
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Days before Bradley – now Chelsea – Manning was sentenced to 35 years in prison for helping expose U.S. war crimes in Iraq, the Obama Department of Justice filed a petition in federal court arguing that the perpetrators of those crimes - Bush, Cheney, Rumsfeld et al – enjoy “absolute immunity” against criminal charges or civil liability. The filing came in a suit brought by Sundus Shaker Saleh, an Iraqi single mother and refugee now living in Jordan, who alleges that the planning and waging of the Iraq war under false pretenses constituted a “crime of aggression” under a law used in the Nuremberg trials. With neither Congress nor Obama willing to hold Bush & Co. accountable for the Iraq catastrophe, supporters see the suit as a last-chance tactic to force the issue back into the public eye – an effort the Obama adminstration clearly opposes. More, all dispiriting, on the increasingly flawed Bush-Obama-lesser-of-two-evils thesis, and the current culture of impunity.
Two Faux Democracies Threaten Life On Earth July 26, 2013Posted by rogerhollander in Uncategorized.
Tags: amitai etzioni, Barack Obama, china, Dick Cheney, israel nuclear, military, Navy, neocons, non-proliferation, nuclear war, paul craig roberts, Pentagon, Politics News, u.s. military
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Etzioni is correct that this is a momentous decision made by a neoconized military. China is obviously aware that Washington is preparing for war with China. If the Yale Journal knows it, China knows it. If the Chinese government is realistic, the government is aware that Washington is planning a pre-emptive nuclear attack against China. No other kind of war makes any sense from Washington’s standpoint. The “superpower” was never able to occupy Baghdad, and after 11 years of war has been defeated in Afghanistan by a few thousand lightly armed Taliban. It would be curtains for Washington to get into a conventional war with China.
When China was a primitive third world country, it fought the US military to a stalemate in Korea. Today China has the world’s second largest economy and is rapidly overtaking the failing US economy destroyed by jobs offshoring, bankster fraud, and corporate and congressional treason.
The Pentagon’s war plan for China is called “AirSea Battle.” The plan describes itself as “interoperable air and naval forces that can execute networked, integrated attacks-in-depth to disrupt, destroy, and defeat enemy anti-access area denial capabilities.”
Yes, what does that mean? It means many billions of dollars of more profits for the military/security complex while the 99 percent are ground under the boot. It is also clear that this nonsensical jargon cannot defeat a Chinese army. But this kind of saber-rattling can lead to war, and if the Washington morons get a war going, the only way Washington can prevail is with nuclear weapons. The radiation, of course, will kill Americans as well.
Nuclear war is on Washington’s agenda. The rise of the Neocon Nazis has negated the nuclear disarmament agreements that Reagan and Gorbachev made. The extraordinary, mainly truthful 2012 book, The Untold History of the United States by Oliver Stone and Peter Kuznick, describes the post-Reagan breakout of preemptive nuclear attack as Washington’s first option.
During the Cold War nuclear weapons had a defensive purpose. The purpose was to prevent nuclear war by the US and USSR each having sufficient retaliatory power to ensure “mutually assured destruction.” MAD, as it was known, meant that nuclear weapons had no offensive advantage for either side.
The Soviet collapse and China’s focus on its economy instead of its military have resulted in Washington’s advantage in nuclear weaponry that, according to two US Dr. Strangeglove characters, Keir Lieber and Daryl Press, gives Washington first-strike capability. Lieber and Press write that the “precipitous decline of Russia’s arsenal, and the glacial pace of modernization of China’s nuclear forces,” have created a situation in which neither Russia nor China could retaliate to Washington’s first strike.
The Pentagon’s “AirSea Battle” and Lieber and Press’ article in Foreign Affairs have informed China and Russia that Washington is contemplating pre-emptive nuclear attack on both countries. To ensure Russia’s inability to retaliate, Washington is placing anti-ballistic missiles on Russia’s borders in violation of the US-USSR agreement.
Because the American press is a corrupt government propaganda ministry, the American people have no idea that neoconized Washington is planning nuclear war. Americans are no more aware of this than they are of former President Jimmy Carter’s recent statement, reported only in Germany, that the United States no longer has a functioning democracy.
The possibility that the United States would initiate nuclear war was given reality 11 years ago when President George W. Bush, at the urging of Dick Cheney and the neocons that dominated his regime, signed off on the 2002 Nuclear Posture Review.
This neocon document, signed off on by America’s most moronic president, resulted in consternation and condemnation from the rest of the world and launched a new arms race. Russian President Putin immediately announced that Russia would spend all necessary sums to maintain Russia’s retaliatory nuclear capability. The Chinese displayed their prowess by knocking a satellite out of space with a missile. The mayor of Hiroshima, recipient city of a vast American war crime, stated:
“The nuclear Non-Proliferation Treaty, the central international agreement guiding the elimination of nuclear weapons, is on the verge of collapse. The chief cause is US nuclear policy that, by openly declaring the possibility of a pre-emptive nuclear first strike and calling for resumed research into mini-nukes and other so-called ‘useable nuclear weapons,’ appears to worship nuclear weapons as God.”
Polls from all over the world consistently show that Israel and the US are regarded as the two greatest threats to peace and to life on earth. Yet, these two utterly lawless governments prance around pretending to be the “world’s greatest democracies.” Neither government accepts any accountability whatsoever to international law, to human rights, to the Geneva Conventions, or to their own statutory law. The US and Israel are rogue governments, throwbacks to the Hitler and Stalin era.
The post World War II wars originate in Washington and Israel. No other country has imperial expansionary ambitions. The Chinese government has not seized Taiwan, which China could do at will. The Russian government has not seized former constituent parts of Russia, such as Georgia, which, provoked by Washington to launch an attack, was instantly overwhelmed by the Russian Army. Putin could have hung Washington’s Georgian puppet and reincorporated Georgia into Russia, where it resided for several centuries and where many believe it belongs.
For the past 68 years, most military aggression can be sourced to the US and Israel. Yet, these two originators of wars pretend to be the victims of aggression. It is Israel that has a nuclear arsenal that is illegal, unacknowledged, and unaccountable. It is Washington that has drafted a war plan based on nuclear first strike. The rest of the world is correct to view these two rogue unaccountable governments as direct threats to life on earth.
Preparing to Go to War With China
If you have never heard of the Air-Sea Battle (ASB) concept, you are in the good company of most Americans. Since 2009 the Pentagon has been fleshing out this operational concept, which prepares the United States, among other contingencies, for an all-out war with China. You may say, “Wait a moment; surely the military has a contingency plan for everything, even for an alien invasion” — and you would be correct. Air-Sea Battle, however, is moving beyond the contingency phase to implementation, including force restructuring and significant budget allocations, changes that are difficult to reverse once they are set in motion.
The challenges that led the Pentagon to develop Air-Sea Battle are indeed formidable. Military leaders point out that potential adversaries of the U.S. have acquired increasingly sophisticated “anti-access/area-denial (A2/AD) capabilities,” which is Pentagon-speak for weapons and technologies that threaten the United States’ freedom to enter, maneuver within, and defend the global commons “of the air, sea, cyberspace, and space.” For instance, anti-ship missiles. In response, ASB calls for greater cooperation among the Navy, Air Force, Marines, and Army for the execution of “networked, integrated attacks-in-depth to disrupt, destroy, and defeat enemy anti-access area denial capabilities.”
Officials emphasize that ASB is not directed at any one nation. However, no country has invested nearly as much in A2/AD as China and few international environments are more contested — than the waters of the Asia-Pacific. Hence, while in the past the U.S. could send in a couple aircraft carriers as a credible display of force, as it did in 1996 when the Chinese conducted a series of missile tests and military exercises in the Strait of Taiwan, in the not-so-distant future Chinese anti-ship missiles could deny U.S. access to the region. Thus, it is not surprising that one senior Navy official overseeing modernization efforts stated that, “Air-Sea Battle is all about convincing the Chinese that we will win this competition.”
Although much of the ASB remains classified, in May of this year the Navy released an unclassified summary that illuminates how the concept is beginning to shape the military’s plans and acquisitions. In 2011, the Pentagon set up the Air-Sea Battle Office to coordinate investments, organize war games, and incorporate the ASB concept in training and education across all four Services. A Congressional Research Service report notes that “the Air-Sea Battle concept has prompted Navy officials to make significant shifts in the service’s FY2014-FY2018 budget plan, including new investments in ASW, electronic attack and electronic warfare, cyber warfare, the F-35 Joint Strike Fighter (JSF), the P-8A maritime patrol aircraft, and the Broad Area Maritime Surveillance (BAMS) UAV [Unmanned Aerial Vehicle].”
Critics of Air-Sea Battle warn that it is inherently escalatory and could even precipitate a nuclear war. Not only will the U.S.’s development of ASB likely accelerate China’s expansion of its nuclear, cyber, and space weapons programs, but according to Joshua Rovner of the U.S. Naval War College, the early and deep inland strikes on enemy territory envisioned by the concept could be mistakenly perceived by the Chinese as preemptive attempts to take out its nuclear weapons, thus cornering them into “a terrible use-it-or-lose-it dilemma.” Hence, some call for “merely” imposing a blockade on China along the first island chain (which stretches from Japan to Taiwan and through the Philippines) in order to defeat an aggressive China without risking a nuclear war.
Although Air-Sea Battle is often criticized as being a plan without a strategy, it actually reflects a major strategic shift, namely, to defeat China rather than accommodate its rise as a regional power. By seeking to guarantee the United States’ unfettered access to China’s backyard — by a preemptive mainland strike if necessary — Air-Sea Battle goes way beyond the containment strategy employed against the USSR and its allies during the Cold War. It merely sought to keep the USSR from expanding any further. Not to use military might to cow and if need be defeat the other side.
The Pentagon is doing its job. It identified a new threat and is preparing to face it in the ways it knows how. In doing so, it is propelled by a strong preference within the military — after more than a decade of being bogged down in Iraq and Afghanistan — to fight conventional battles rather than dirty ‘shadow’ wars against terrorists and insurgents. And, one cannot help but assume, is egged on by defense contractors that stand to gain by producing all the new hardware.
The rub, as demonstrated by a study just published by yours truly in the Yale Journal of International Affairs, is that it seems the White House has not approved ASB — because it has not yet reviewed it or developed a coherent China policy. It is not at all clear that civilian officials have weighed the Pentagon’s assessment of the threat posed by China against input from other sources, such as the State Department, Treasury, and the intelligence community. Such a thorough review is called for, before the U.S. slips into a major military buildup without first testing the thesis that China is much too preoccupied with major domestic challenges of its own to become a global power or to consider confronting the United States.
One thing is clear though: If you are a Chinese leader and read that the U.S. military is debating whether to hit the mainland of your country or “only” deprive China of the energy and raw materials it desperately needs by imposing a blockade, you are surely going to pursue a military buildup of your own. We hence face the danger that two major powers, each best served by focusing on problems at home, will again be caught up in preparations for war that may well end up in an all out military conflagration. Surely the ASB plan deserves public debate and a careful review on the highest level.
A panel discussion of the ASB will take place at The George Washington University on Wednesday, July 10, 2013 from 4 to 6 pm. For more information, please contact firstname.lastname@example.org.
Amitai Etzioni is a University Professor at The George Washington University and the author of Hot Spots: American Foreign Policy in a Post-Human-Rights World.
The Last Letter March 20, 2013Posted by rogerhollander in Dick Cheney, George W. Bush, Imperialism, Iraq and Afghanistan, War.
Tags: Dick Cheney, George Bush, Iraq, Iraq invasion, iraq veteran, Iraq war, roger hollander, tomas young, U.S. imperialism
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Roger’s note: I want you to picture Bush and Cheney reading this letter. Notice the arrogance, the smugness, the disgusting grins as they dismiss these heartfelt letter with less concern than they would flicking an annoying fly of the table. They are impervious to moral criticism, they act with virtually complete impunity. It is frustrating, it is infuriating that so much power is in the hands of such reduced human beings. It is our present reality. They coined the phrase “axis of evil.” Ironic.
“How many times can a man turn his head and pretend that he just doesn’t see?” Bob Dylan
A Message to George W. Bush and Dick Cheney From a Dying Veteran
To: George W. Bush and Dick Cheney
From: Tomas Young
I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.
I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.
I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.
Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.
I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.
|To read Chris Hedges’ recent interview with Tomas Young, click here.|
I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.
I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.
My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness.
Obama Channels Cheney’s Geopolitical Energy Policy June 21, 2012Posted by rogerhollander in Barack Obama, Dick Cheney, Energy, Environment, Nuclear weapons/power.
Tags: china policy, coal, Dick Cheney, energy, energy policy, energy politics, environment, fracking, gas, geopolitics, haliburton, hudro-fracking, michael t. klare, nuclear, Obama policy, offshore drilling, oil, oil exploration, oil industry, roger hollander
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Roger’s note: Back in the fall of 2008, after the election and before the inauguration, I wrote an essay entitled “Plus ça change you can believe in.” Obama has not disappointed this cynical prediction. I would not have thought that he would have out Bushed Bush on warmongering, but there is no surprise that he is loyal to the big money (despite the phony claim of small contributors) that put him in office.
Published on Thursday, June 21, 2012 by TomDispatch.com
Four Ways the President Is Pursuing Cheney’s Geopolitics of Global Energy
As details of his administration’s global war against terrorists, insurgents, and hostile warlords have become more widely known — a war that involves a mélange of drone attacks, covert operations, and presidentially selected assassinations — President Obama has been compared to President George W. Bush in his appetite for military action. “As shown through his stepped-up drone campaign,” Aaron David Miller, an advisor to six secretaries of state, wrote at Foreign Policy, “Barack Obama has become George W. Bush on steroids.”
When it comes to international energy politics, however, it is not Bush but his vice president, Dick Cheney, who has been providing the role model for the president. As recent events have demonstrated, Obama’s energy policies globally bear an eerie likeness to Cheney’s, especially in the way he has engaged in the geopolitics of oil as part of an American global struggle for future dominance among the major powers.
More than any of the other top officials of the Bush administration — many with oil-company backgrounds — Cheney focused on the role of energy in global power politics. From 1995 to 2000, he served as chairman of the board and chief executive officer of Halliburton, a major supplier of services to the oil industry. Soon after taking office as vice president he was asked by Bush to devise a new national energy strategy that has largely governed U.S. policy ever since.
Early on, Cheney concluded that the global supply of energy was not growing fast enough to satisfy rising world demand, and that securing control over the world’s remaining oil and natural gas supplies would therefore be an essential task for any state seeking to acquire or retain a paramount position globally. He similarly grasped that a nation’s rise to prominence could be thwarted by being denied access to essential energy supplies. As coal was to the architects of the British empire, oil was for Cheney — a critical resource over which it would sometimes be necessary to go to war.
More than any of his peers, Cheney articulated such views on the importance of energy to national wealth and power. “Oil is unique in that it is so strategic in nature,” he told an audience at an industry conference in London in 1999. “We are not talking about soapflakes or leisurewear here. Energy is truly fundamental to the world’s economy. The Gulf War was a reflection of that reality.”
Cheney’s reference to the 1990-1991 Gulf War is particularly revealing. During that conflict, he was the secretary of defense and so supervised the American war effort. But while his boss, President George H.W. Bush, played down the role of oil in the fight against Iraq, Cheney made no secret of his belief that energy geopolitics lay at the heart of the matter. “Once [Iraqi autocrat Saddam Hussein] acquired Kuwait and deployed an army as large as the one he possesses,” Cheney told the Senate Armed Services Committee when asked to justify the administration’s decision to intervene, “he was clearly in a position to be able to dictate the future of worldwide energy policy, and that gave him a stranglehold on our economy.”
This would be exactly the message he delivered in 2002, as the second President Bush girded himself for the invasion of Iraq. Were Saddam Hussein successful in acquiring weapons of mass destruction, Cheney told a group of veterans that August 25th, “[he] could then be expected to seek domination of the entire Middle East [and] take control of a great portion of the world’s energy supplies.”
For Cheney, the geopolitics of oil lay at the core of international relations, largely determining the rise and fall of nations. From this, it followed that any steps, including war and environmental devastation, were justified so long as they enhanced America’s power at the expense of its rivals.
Through his speeches, Congressional testimony, and actions in office, it is possible to reconstruct the geopolitical blueprint that Cheney followed in his career as a top White House strategist — a blueprint that President Obama, eerily enough, now appears to be implementing, despite the many risks involved.
That blueprint consists of four key features:
1. Promote domestic oil and gas production at any cost to reduce America’s dependence on unfriendly foreign suppliers, thereby increasing Washington’s freedom of action.
2. Keep control over the oil flow from the Persian Gulf (even if the U.S. gets an ever-diminishing share of its own oil supplies from the region) in order to retain an “economic stranglehold” over other major oil importers.
3. Dominate the sea lanes of Asia, so as to control the flow of oil and other raw materials to America’s potential economic rivals, China and Japan.
4. Promote energy “diversification” in Europe, especially through increased reliance on oil and natural gas supplies from the former Soviet republics of the Caspian Sea basin, in order to reduce Europe’s heavy dependence on Russian oil and gas, along with the political influence this brings Moscow.
The first objective, increased reliance on domestic oil and gas, was highlighted in National Energy Policy, the energy strategy Cheney devised for the president in May 2001 in close consultation with representatives of the oil giants. Although mostly known for its advocacy of increased drilling on federal lands, including the Arctic National Wildlife Refuge, the Cheney Report (as it came to be known) largely focused on the threat of growing U.S. dependence on foreign oil suppliers and the need to achieve greater “energy security” through a damn-the-torpedoes-full-speed-ahead program of accelerated exploitation of domestic energy supplies.
“A primary goal of the National Energy Policy is to add supply from diverse sources,” the report declared. “This means domestic oil, gas, and coal. It also means hydropower and nuclear power.” The plan also called for a concerted drive to increase U.S. reliance on friendly sources of energy in the Western hemisphere, especially Brazil, Canada, and Mexico.
The second objective, control over the flow of oil through the Persian Gulf, was, for Cheney, the principal reason for both the First Gulf War and the 2003 invasion of Iraq. Although before that invasion, the president and other top officials focused on Saddam Hussein’s supposed weapons of mass destruction, his human rights record, and the need to bring democracy to Iraq, Cheney never wavered in his belief that the basic goal was to ensure that Washington would control the Middle Eastern oil jugular.
After Saddam’s ouster and the occupation of Iraq began, Cheney was especially outspoken in his insistence that neighboring Iran be prevented, by force of arms if need be, from challenging American preeminence in the Gulf. “We’ll keep the sea lanes open,” he declared from the deck of an aircraft carrier during maneuvers off the coast of Iran in May 2007. “We’ll stand with others to prevent Iran from gaining nuclear weapons and dominating the region.”
Cheney also focused in a major way on ensuring control over the sea lanes from the Strait of Hormuz, at the mouth of the Persian Gulf (out of which 35% of the world’s tradable oil flows each day) across the Indian Ocean, through the Straits of Malacca, and into the South and East China Seas. To this day, these maritime corridors remain essential for the economic survival of China, Japan, South Korea, and Taiwan, bringing oil and other raw materials to their industries and carrying manufactured goods to their markets abroad. By maintaining U.S. control over these vital conduits, Cheney sought to guarantee the loyalty of America’s key Asian allies and constrain the rise of China. In pursuit of these classic geopolitical objectives, he pushed for an enhanced U.S. naval presence in the Asia-Pacific region and the establishment of a network of military alliances linking Japan, Australia, and India, all aimed at containing China.
Finally, Cheney sought to rein in America’s other major great-power rival, Russia. While his boss, George W. Bush, spoke of the potential for cooperation with Moscow, Cheney, still an energy cold warrior, viewed Russia as a geopolitical competitor and sought every opportunity to diminish its power and influence. He particularly feared that Europe’s growing dependence on Russian natural gas could undermine its resolve to resist aggressive Russian moves in Eastern Europe and the Caucasus.
To counter this trend, Cheney tried to persuade the Europeans to get more of their energy from the Caspian Sea basin by building new pipelines to that region via Georgia and Turkey. The idea was to bypass Russia by persuading Azerbaijan, Kazakhstan, and Turkmenistan to export their gas through these conduits, not those owned by Gazprom, the Russian state-controlled monopoly. When Georgia came under attack from Russian forces in August 2008, after Georgian troops shelled the pro-Moscow enclave of South Ossetia, Cheney was the first senior U.S. official to visit Tbilisi, bringing a promise of $1 billion in reconstruction assistance, as well as an offer of fast-track entry into NATO. France and Germany blocked the move, fearing Moscow might respond with actions that could destabilize Europe.
Obama as Cheney
This four-part geopolitical blueprint, relentlessly pursued by Cheney while vice president, is now being implemented in every respect by President Obama.
When it comes to the pursuit of enhanced energy independence, Obama has embraced the ultra-nationalistic orientation of the 2001 Cheney report, with its call for increased reliance on domestic and Western Hemisphere oil and natural gas — no matter the dangers of drilling in environmentally fragile offshore areas or the use of hazardous techniques like hydro-fracking. In recent speeches, he has boasted of his administration’s efforts to facilitate increased oil and gas drilling at home and promised to speed drilling in new locations, including offshore Alaska and the Gulf of Mexico.
“Over the last three years,” he boasted in his January State of the Union address, “we’ve opened millions of new acres for oil and gas exploration, and tonight, I’m directing my administration to open more than 75% of our potential offshore oil and gas resources. Right now — right now — American oil production is the highest that it’s been in eight years… Not only that — last year, we relied less on foreign oil than in any of the past 16 years.” He spoke with particular enthusiasm about the extraction of natural gas via fracking from shale deposits: “We have a supply of natural gas that can last America nearly 100 years. And my administration will take every possible action to safely develop this energy.”
Obama has also voiced his desire to increase U.S. reliance on Western Hemisphere energy, thereby diminishing its dependence on unreliable and unfriendly suppliers in the Middle East and Africa. In March 2011, with the Arab Spring gaining momentum, he traveled to Brazil for five days of trade talks, a geopolitical energy pivot noted at the time. In the eyes of many observers, Obama’s focus on Brazil was inextricably linked to that country’s emergence as a major oil producer, thanks to new discoveries in the “pre-salt” fields off its coast in the depths of the Atlantic Ocean, discoveries that could help the U.S. wean itself off Middle Eastern oil but could also turn out to be pollution nightmares. Although environmentalists have warned of the risks of drilling in the pre-salt fields, where a Deepwater Horizon-like blowout is an ever-present danger, Obama has made no secret of his geopolitical priorities. “By some estimates, the oil you recently discovered off the shores of Brazil could amount to twice the reserves we have in the United States,” he told Brazilian business leaders in that country’s capital. “When you’re ready to start selling, we want to be one of your best customers. At a time when we’ve been reminded how easily instability in other parts of the world can affect the price of oil, the United States could not be happier with the potential for a new, stable source of energy.”
At the same time, Obama has made it clear that the U.S. will retain its role as the ultimate guardian of the Persian Gulf sea lanes. Even while trumpeting the withdrawal of U.S. combat forces from Iraq, he has insisted that the United States will bolster its air, naval, and special operations forces in the Gulf region, so as to remain the preeminent military power there. “Back to the future,” is how Major General Karl R. Horst, chief of staff of the U.S. Central Command, described the new posture, referring to a time before the Iraq War when the U.S. exercised dominance in the region mainly through its air and naval superiority.
While less conspicuous than “boots on the ground,” the expanded air and naval presence will be kept strong enough to overpower any conceivable adversary. “We will have a robust continuing presence throughout the region,” Secretary of State Hillary Clinton declared last October. Such a build-up has in fact been accentuated, in preparation either for a strike on Iranian nuclear facilities, should Obama conclude that negotiations to curb Iranian enrichment activities have reached a dead end, or to clear the Strait of Hormuz, if the Iranians carry out threats to block oil shipping there in retaliation for the even harsher economic sanctions due to be imposed after July 1st.
Like Cheney, Obama also seeks to ensure U.S. control over the vital sea lanes extending from the Strait of Hormuz to the South China Sea. This is, in fact, the heart of Obama’s much publicized policy “pivot” to Asia and his new military doctrine, first revealed in a speech to the Australian Parliament on November 17th. “As we plan and budget for the future,” he declared, “we will allocate the resources necessary to maintain our strong military presence in this region.” A major priority of this effort, he indicated, would be enhanced “maritime security,” especially in the South China Sea.
Central to the Obama plan — like that advanced by Dick Cheney in 2007 — is the construction of a network of bases and alliances encircling China, the globe’s rising power, in an arc stretching from Japan and South Korea in the north to Australia, Vietnam, and the Philippines in the southeast and thence to India in the southwest. When describing this effort in Canberra, Obama revealed that he had just concluded an agreement with the Australian government to establish a new U.S. military basing facility at Darwin on the country’s northern coast, near the South China Sea. He also spoke of the ultimate goal of U.S. geopolitics: a region-embracing coalition of anti-Chinese states that would include India. “We see America’s enhanced presence across Southeast Asia,” both in growing ties with local powers like Australia and “in our welcome of India as it ‘looks east’ and plays a larger role as an Asian power.”
As anyone who follows Asian affairs is aware, a strategy aimed at encircling China — especially one intended to incorporate India into America’s existing Asian alliance system — is certain to produce alarm and pushback from Beijing. “I don’t think they’re going to be very happy,” said Mark Valencia, a senior researcher at the National Bureau of Asian Research, speaking of China’s reaction. “I’m not optimistic in the long run as to how this is going to wind up.”
Finally, Obama has followed in Cheney’s footsteps in his efforts to reduce Russia’s influence in Europe and Central Asia by promoting the construction of new oil and gas pipelines from the Caspian via Georgia and Turkey to Europe. On June 5th, at the Caspian Oil and Gas Conference in Baku, President Ilham Aliyev of Azerbaijan read a message from Obama promising Washington’s support for a proposed Trans-Anatolia gas pipeline, a conduit designed to carry natural gas from Azerbaijan across Georgia and Turkey to Europe — bypassing Russia, naturally. At the same time, Secretary of State Clinton traveled to Georgia, just as Cheney had, to reaffirm U.S. support and offer increased U.S. military aid. As during the Bush-Cheney era, these moves are bound to be seen in Moscow as part of a calculated drive to lessen Russia’s influence in the region — and so are certain to elicit a hostile response.
In virtually every respect, then, when it comes to energy geopolitics the Obama administration continues to carry out the strategic blueprint pioneered by Dick Cheney during the two Bush administrations. What explains this surprising behavior? Assuming that it doesn’t represent a literal effort to replicate Cheney’s thinking — and there’s no evidence of that — it clearly represents the triumph of imperial geopolitics (and hidebound thinking) over ideology, principle, or even simple openness to new ideas.
When you get two figures as different as Obama and Cheney pursuing the same pathways in the world — and the first time around was anything but a success — it’s a sign of just how closed and airless the world of Washington really has become. At a time when most Americans are weary of grand ideological crusades, the pursuit of what looks like simple national self-interest — in the form of assured energy supplies — may appear far more attractive as a rationale for military and political involvement abroad.
In addition, Obama and his advisers are no doubt influenced by talk of a new “golden age” of North American oil and gas, made possible by the exploitation of shale deposits and other unconventional — and often dirty — energy resources. According to projections given by the Department of Energy, U.S. reliance on imported energy is likely to decline in the years ahead (though there is a domestic price to be paid for such “independence”), while China’s will only rise — a seeming geopolitical advantage for the United States that Obama appears to relish.
It is easy enough to grasp the appeal of such energy geopolitics for White House strategists, especially given the woeful state of the U.S. economy and the declining utility of other instruments of state power. And if you are prepared to overlook the growing environmental risks of reliance on offshore oil, shale gas, and other unconventional forms of energy, rising U.S. energy output conveys certain geopolitical advantages. But as history suggests, engaging in aggressive global geopolitical confrontations with other determined, well-armed players usually leads to friction, crisis, war, and disaster.
In this regard, Cheney’s geopolitical maneuvering led us into two costly Middle Eastern wars while heightening tensions with both China and Russia. President Obama claims he seeks to build a more peaceful world, but copying the Cheney energy blueprint is bound to produce the exact opposite.
Michael T. Klare is the Five College Professor of Peace and World Security Studies at Hampshire College in Amherst, Massachusetts. His newest book, The Race for What’s Left: The Global Scramble for the World’s Last Resources, has just recently been published. His other books include: Rising Powers, Shrinking Planet: The New Geopolitics of Energy and Blood and Oil: The Dangers and Consequences of America’s Growing Dependence on Imported Petroleum. A documentary version of that book is available from the Media Education Foundation.
War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
Tags: Abu Ghraib, Alberto Gonzales, crimes against humanity, david addington, Dick Cheney, geneva conventions, George Bush, Guantanamo, jay bybee, john yoo, kuala lumpur, nuremberg, roger hollander, rumsfeld, Tan Sri Lamin Mohd Yunus, torture, torture victims, War Crimes, william haynes
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Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims
Former US President George W Bush, his Vice-President Dick Cheney and six other members of his administration have been found guilty of war crimes by a tribunal in Malaysia.
Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (center) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. (Photo/Hasriyasyah Sabudin) Bush, Cheney, Defense Secretary Donald Rumsfeld and five of their legal advisers were tried in their absence and convicted on Saturday.
Victims of torture told a panel of five judges in Kuala Lumpur of their suffering at the hands of US soldiers and contractors in Iraq and Afghanistan.
Among the evidence, Briton Moazzam Begg, an ex-Guantanamo detainee, said he was beaten, put in a hood and left in solitary confinement. Iraqi woman Jameelah Abbas Hameedi said she was stripped and humiliated in the notorious Abu Ghraib prison.
Transcripts of the five-day trial will be sent to the chief prosecutor at the International Criminal Court, the United Nations and the Security Council.
A member of the prosecution team, Professor Francis Boyle of Illinois University’s College of Law, said he was hopeful that Bush and his colleagues could soon find themselves facing similar trials elsewhere in the world.
The eight accused are Bush; former US Vice President Richard Cheney; former US Defense secretary Donald Rumsfeld; former Counsel to Bush, Alberto Gonzales; former General Counsel to the Vice President, David Addington; former General Counsel to the Defense Secretary, William Haynes II; former Assistant Attorney General Jay Bybee and former Deputy Assistant Attorney General John Yoo.
Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter. “The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”
* * *
The Star (Kuala Lumpur, Malaysia) reports:
Bush Found Guilty of War Crimes
KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.
However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.
“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Criminalize War yesterday.
He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.
The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.
On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.
Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.
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The Malaysia Sun reports:
[...] In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.
Former Malaysian Premier Mahatir Mohamad said of Bush and others: “These are basically murderers and they kill on large scale.”Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.
Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.
One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.
A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.
He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions… A redundant, possibly a dangerous, and certainly corrupted organization.”
Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”
It was the second so-called war crimes tribunal in Malaysia.
The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.
“Vietnam Ambush”: A Cautionary Tale March 4, 2012Posted by rogerhollander in History, Vietnam, War.
Tags: book review, daniel seidenberg, david krieger, Dick Cheney, history, roger hollander, tonkin gulf, vietnam, vietnam ambush, Vietnam War, war, westmoreland
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Vietnam Ambush Daniel Seidenberg Jr. PublishAmerica Baltimore, 2010
In the 1960s, the United States of America conscripted young men into its military forces. The head of Selective Service, which imposed conscription, was General Lewis B. Hershey. Assisted by local draft boards, he gobbled up young men and put them in uniforms. Then they were trained to kill.
Most young men were edgy and wary about conscription, particularly after it became apparent that the military’s destination of choice was the jungles of Vietnam. To receive a deferment and remain beyond the military’s clutches, one had to stay in college or graduate school. Dick Cheney, one of the subsequent great warmongers of our time, successfully used college deferments to stay out of the military until he qualified first for a marriage deferment and then a deferment for having a child. He always managed to stay one step ahead of the military’s grasp.
Other means of escaping being drafted into the military were failing one’s physical examination, claiming to be gay and conscientious objection. All were difficult. One rumor at the time was that if you drank enough Coke fast enough, it would raise your blood pressure to the point that you would fail your physical. This advice seemed more like an urban legend than fact. Not many young men were secure enough to use homosexuality as a reason for staying out of the military, and the criteria for conscientious objection were rigid and based in traditional religious practices that objected to killing. The truth was that most of us were naive and hadn’t given much thought to avoiding military “service.” That changed as the war in Vietnam heated up and expanded.
The generation before us had fought in World War II, which seemed like a good war, pitting democracy against fascism (Hitler, Mussolini, Tojo). More recently, there had been the war in Korea, which was touted as a fight for democracy against communism. There was precedent for young men to go docilely into the US military and do its bidding. And then, along came Vietnam, Lyndon Johnson’s lies about the Tonkin Gulf incident and General William Westmoreland (“General Waste-more-men”), who always saw a light at the end of the tunnel – all he needed was more conscripts.
The net of conscription ensnared many of us. I was one. Another was Daniel Seidenberg Jr., who received his draft notice at the age of 19 in the winter of 1967. He was just out of high school, and he was a surfer. When his notice came, he thought about escaping to Canada, but, after visiting Canada, decided against it. Instead, he joined the regular army, having been promised by the recruiter that he would not be sent to Vietnam. Despite the promise, after being trained as an infantryman, he was sent to Vietnam. He ended up with near-fatal head wounds that have left him disabled for life.
In 2010, Seidenberg published a book he wrote about his military experience in Vietnam. The book, titled “Vietnam Ambush,” confirms the worst fears of those of us who didn’t go to fight in that needless, reckless and lawless war. It is a well-written account of the war from the perspective of a soldier in the field. It should be read by every young American who thinks war might be glorious. In fact, it is a cautionary tale that should be read by young people throughout the world. It takes the adventure and heroics out of war and tells it like it really is, a dirty business in which the old send the young to fight, kill and die in far-off lands – in the case of the Vietnam War, to fight in humid jungles which US military planes were busy defoliating with the poisonous chemicals napalm and Agent Orange.
Here is how Seidenberg describes his dilemma as a US soldier in Vietnam on the opening page of his book:
I was a combat infantryman in Vietnam. We were shooting dice for our souls. Our very spirits were on the line, if we survived.
No one could say what we were fighting for. The consensus was that our purpose was to simply survive it all. I knew that merely surviving would not be enough. I had to make sure that I survived with a clean conscience.
What good is living, if you wind up hating yourself? And I didn’t want to be responsible for any crimes.
In a war fought entirely in cold blood, keeping a clean conscience was not easy. Simply staying alive was not easy.
Although today there is no longer conscription, there is instead a “poverty draft,” which makes the military an economically attractive option for escaping poverty. Being put into a killing zone makes it difficult to not become a killer if only in order to stay alive oneself. Should we allow ourselves to be used as tools in war? Should we not fight against militarism and those who, like Dick Cheney, promote it? Should we not refuse to subordinate our consciences to leaders who lie us into war?
“Vietnam Ambush” is a short book. It is written in simple prose. It tells the truth. It reminds us that our society has corrupted its youth with war. It reminds us that war steals from the young – their youth and their consciences. It reminds us about the importance of having political leadership that is decent and truthful, not deceitful and dishonest. It reminds us that war is not a game played on a field of battle; it has consequences that last for lifetimes. War traumatizes young men and women. It kills and maims soldiers and civilians alike. It reminds us to choose peace.
Un-Cheating Justice: Two Years Left to Prosecute Bush March 4, 2012Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War.
Tags: Bush Cheney, Criminal Justice, david swanson, Dick Cheney, elizabeth holtzman, eric holder, FISA, George W. Bush, obama administration, roger hollander, state secrets, torture, War Crimes
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Elizabeth Holtzman knows something about struggles for justice in the U.S. government. She was a member of Congress and of the House Judiciary Committee that voted for articles of impeachment against President Richard Nixon in 1973. She proposed the bill that in 1973 required that “state secrets” claims be evaluated on a case-by-case basis. She co-authored the special prosecutor law that was allowed to lapse, just in time for the George W. Bush crime wave, after Kenneth Starr made such a mockery of it during the Whitewater-cum-Lewinsky scandals. She was there for the creation of the Foreign Intelligence Surveillance Act (FISA) in 1978. She has served on the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, bringing long-escaped war criminals to justice. And she was an outspoken advocate for impeaching George W. Bush.
Holtzman’s new book, coauthored with Cynthia Cooper, is called “Cheating Justice: How Bush and Cheney Attacked the Rule of Law and Plotted to Avoid Prosecution — and What We Can Do About It.” Holtzman begins by recalling how widespread and mainstream was the speculation at the end of the Bush nightmare that Bush would pardon himself and his underlings. The debate was over exactly how he would do it. And then he didn’t do it at all.
Holtzman ends her book by pointing out that legal accountability can come after many years, as in the case of various Nazis, or of Chilean dictator Augusto Pinochet, or of the murderers of civil rights activists including Medgar Evers.
In between, for the bulk of the book, Holtzman, a former district attorney, lays out the prospects for a prosecution of Bush and others on charges of lying to Congress about the grounds for war, wiretapping Americans, and conspiring to torture. This is an excellent sampling of the many horrors on the list of Bush’s abuses, and clearly the three areas in which Holtzman believes a prosecution would stand the best chance of success. Her analysis of the war lies parallels and builds on that of Elizabeth de la Vega, another former prosecutor who has written on the topic. Holtzman adds an analysis of the steps Bush took to protect himself from prosecution in this and each other area. She also examines his possible legal defenses, finding some of them strong and others easily overcome.
In each area Holtzman finds charges that would stick, if our laws were enforced. She also finds charges that would have stuck, had the statute of limitations not elapsed, and others for which a couple of years yet remain. Holtzman believes charges for conspiring to defraud the government with war lies could be brought until January 20, 2014. She also believes that charges for violation of FISA could be brought until that same date, pointing out that changes made to the law have not provided immunity for prior violations of what the law used to be, and that immunity has been granted from civil suits but not from criminal prosecution. Charges of torture, Holtzman concludes, could be brought at any time in the future.
Holtzman argues for lengthening the statutes of limitations for grave abuses of power, for creating a special prosecutor, restoring the War Crimes Act, reclaiming protection against unchecked surveillance, recovering missing records, pursuing civil cases, impeaching torture lawyer turned judge Jay Bybee, and looking abroad for hope and change. She sees some chance of the International Criminal Court pursuing charges of torture.
This book is an ideal guide for a prosecutor with nerve and decency, although we haven’t found one in this country in the past several years. Other than Kurt Daims who is running for the office of Town Grand Juror in Brattleboro, Vermont, which voted to direct its police to indict Bush and Cheney four years ago, I’m not aware of any prosecutors in the United States with plans to pursue this kind of justice.
Glaringly absent from Holtzman’s book, despite its 2012 publication date, is any significant mention of the approach that President Obama has taken. There’s not one word about “looking forward, not backward,” not even so much as one tangential reference to Obama’s public instructions to Attorney General Eric Holder, no analysis of the intense effort that the Justice Department, State Department, and White House have pursued to protect Bush and Cheney from accountability, no mention of the ways in which Obama has continued a similar pattern of criminality — a state of affairs which, of course, might explain his reluctance to allow the enforcement of laws against his predecessor.
I don’t think it’s an unfair criticism to object that a book has left out a large but intimately related topic, one that apears to have been carefully avoided. Partisan prosecution of crimes and non-crimes by Republicans under President Clinton has been aggravated by Republican defensiveness and Democratic spinelessness under Bush. But it is the Democratic switch to defending all presidential wrongdoing since 2008 that has put the largest nails into the coffin of legitimate rule by law in this country. Bush’s crimes have been legitimized. Obama has claimed the power to torture as he deems necessary, the power to imprison and rendition as he sees fit, the power to murder any human being including U.S. citizens and children as he and he alone declares necessary, and powers of state secrecy that Nixon and Cheney never dreamed of. While Bush lied the Congress into a war that a reasonably intelligent 8 year old could have seen through, Obama has made the launching of wars a matter for the president alone. And that’s just fine with Democrats. Surely Holtzman is aware that this partisanship is a cancer, that it has ruined the power of impeachment and done away with truly independent special prosecutors, and that the purpose of accountability is to halt the ongoing acceptance of crime.
I have to quibble as well with Holtzman’s lowballing of the Iraq war death count by two orders of magnitude. I know everybody does it, but I still find it grotesque.
And yet I have to strongly recommend that this book be read and presented to every prosecutor in this country, including the seemingly shameless Eric Holder. We’ve got 23 months.
Cheney Praises Strike, But Seeks Apology October 2, 2011Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Dick Cheney, Torture, War on Terror.
Tags: Anwar al-Awlaki, Criminal Justice, Dick Cheney, drone missiles, enhanced interrogation, Liz Cheney, president obama, presidential assassination, presidential killing, presidential power, roger hollander, torture, war on terror
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Roger’s note: Yes, politics indeed makes strange bedfellows. You probably couldn’t think of two more polar opposites than Cheney and Obama with respect to background and personality. But when you choose to take leadership in the American Empire, regardless of who or what you are, you are obliged to follow the dictates of the military, the CIA and the corporate Behemoth: what Eisenhower in his farewell address famously referred to as the military-industrial complex. The is little or no wiggle room, only nuances. Obama tortures less (remember, Bagram is still in business) but kills more civilians than Bush/Cheney did with the drones. And now Obama is executing American citizens with no due process, a fact that, as we can see, gives aid and comfort (and justification) to the architect of the American torture regime.
Published on Sunday, October 2, 2011 by Politico.com
Former Vice President Dick Cheney praised the Obama administration Sunday for ordering the drone strike that killed Anwar al-Awlaki, calling it “a very good strike” and “justified.”
Former Vice President Dick Cheney and his daughter, Liz Cheney. (CNN) But Cheney and his daughter Liz, who appeared together on CNN’s “State of the Union” said President Barack Obama owes the Bush administration an apology.
They said the killing of an American citizen without due process calls into question the president’s past criticisms of the Bush administration for using enhanced interrogation techniques.
“The thing I am waiting for is for the administration to go back and correct something they said two years ago, when they criticized us for quote overreacting to the events of 9/11,” Dick Cheney said. “They in effect said we had walked away from our ideals, taking policy contrary to our ideals when we had enhanced interrogation techniques. They have clearly moved in the direction of taking robust action when they feel it is justified. In this case, it was. They need to go back and reconsider what the president said in Cairo.”
“He said in his Cairo speech (in 2009) for example that he banned torture,” Dick Cheney said. “We were never torturing anyone in the first place. He said We walked away from our basic fundamental ideals. That simply wasn’t the case. What he said then was inaccurate especially now in light of what they are doing with policy.”
Liz Cheney added: “He slandered the nation, and I think he owes an apology to the American people. those are the policies that kept us safe”
But Dick Cheney said Obama was justified in ordering such an attack, even when it involves an American citizen.
“The president has all the authority he needs to order this kind of strike,” Cheney said. “It’s the difference between a law enforcement action and a war. We’re in a war.”
Liz Cheney also praised the administration, but leveled similar criticism of the president’s Cairo speech.
“What concerns me is the damage this president has done,” Liz Cheney said. “The extent to which when the president of the United States goes on on foreign soil saying the United States has abandoned American values … when he does that, he does real damage to our standing in the world.”