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Three-Fifths of an Attorney General Declares POWs “Non-Persons” July 24, 2014

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
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Roger’s note: Congratulations.  Barak Obama and Eric Holder, with the essential contribution of George Bush, have managed to score a trifecta: a policy and implementation at Guantanamo Bay that is all three, Orwellian, Kafkaesque and Lewis Carroll at the same time.  Torture, indefinite detention, and people who are not persons.  “Execution first, then the trial” shouted the Queen.

And by the way, the three fifths of a person of African slaves that was in the original constitution is even worse than it appears at face value.  Slaves would have been better off if not considered as persons at all.  The southern states lobbied for three fifths so that their slaves would be counted in the census, which in turn determined their level of representation in the House of Representative.  More slaves on the roll via the three fifths gave the southern state more political clout with which to defend slavery.  Thus, being counted as less than fully human was a double whammy against the slaves.  Kafka would have loved it.

 

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Protestors gathered in New York City’s Time Square in April of 2013 to raise awareness of detainee hunger strikes and indefinite imprisonment of prisoners in Guantanamo Bay. (Photo: flickr / cc /Jordan P)

 

Hand it to President Obama for appointing Eric Holder the first African American Attorney General in US history. Then try to fathom that after generations of civil and human rights work by African Americans — whom the US Constitution once called “3/5 of a person” — it is Holder who declared some brown skinned prisoners of war to be “non-persons.” The men are held outside the law by the US at Guantánamo Bay.

Attorneys for the POWs have asked for an order that would allow group prayers during the holy month of Ramadan, but Holder’s Justice Dept. has formally replied that the men aren’t entitled to relief under the Religious Freedom Restoration Act (RFRA) because the Supreme Court has not found that Guantánamo’s prisoners “are ‘persons’ to whom RFRA applies.”

Holder calls the men “unprivileged enemy belligerents detained overseas during a period of ongoing hostilities.” Calling them prisoners of war would require respecting their human rights.

Cori Crider, an attorney with the legal charity Reprieve who represents some of the men, said in a statement, “I fail to see how the President can stand up and claim Guantánamo is a scandal while his lawyers call detainees non-persons in court. If the President is serious about closing this prison, he could start by recognizing that its inmates are people — most of whom have been cleared by his own Government.”

According to AG Holder, US Appeals Court rulings mean Guantánamo’s POWs — whom he calls “nonresident aliens outside the US sovereign territory” — are “not protected ‘person[s].’” In the infamous Hobby Lobby case Holder argues, the Supreme Court refused to say that the word “‘person’ as used in RFRA includes a nonresident alien outside sovereign United States territory.”

Even if RFRA applied to the POWs, Holder claims, the law “cannot overcome the judicial presumption against extraterritorial application of statutes.” Translation: US Law doesn’t apply at Gitmo, or, the reason the US isolates non-persons at an off-shore military penal colony in the first place is so we can ignore or violate “statutes” with impunity. And if we convince ourselves that “unprivileged enemy belligerents” are not people, we should be able to sleep even if we violate the US torture statute (18 USC, Sec. 1, Ch. 113C), the Convention Against Torture and the US War Crimes Act (18 USC, Sec. 2441) ¾ for years on end.

America’s indefinite imprisonment without charges, hunger strikers and force-feeding

My own jail and prison time, all for political protests, has always come with a clear sentence: six days, 90 days, 180 days; 54 months in all. Anybody who’s been on the inside knows that a release date gives you something fast to hold on to, even if you’re called by a number, fed through a slot, handcuffed for court. But imagine 156 months in a nihilistic “extraterritorial” military prison, with no charges, no trial, no sentence, no visits, phone calls or mail, and no hope.

This is what the USA imposes at Guantánamo, a torturous psychological vice of legal oblivion and manufactured futurelessness. Add to this appalling construction the fact that 72 of 149 remaining inmates were approved for release more than four years ago — but are chained up anyway. Scores of Gitmo’s inmates have looked into this man-made oblivion and decided to die. They are using the only power they have left, the dreadful hunger-strike, both as a protest against their endless detention without trial and their only means of eventually ending it.

The US military has chosen to force-feed hunger strikers, gruesomely plunging plastic tubes up the non-persons’ noses. This abuse violates laws against torture, and the force-feeding schedule is the original basis for the religious rights petition so vigorously opposed by Obama and Holder. The ghastly traumatic stress resulting from enduring force-feeding and the regime of its application make Ramadan’s prayerful group reflection impossible. US District Judge Gladys Kessler has, according to Charlie Savage in the New York Times, publicly condemned the abuse for causing “agony.” For PR purposes the Pentagon and Justice Department call the abuse “enteral feeding.”

Mr. Holder has called “not credible” the prisoners’ complaints about “alleged aspects of enteral feeding” and “allegations that detainees who were being enterally fed were not permitted to pray communally during Ramadan in 2013.” But after the number of hunger strikers reached 106 last year, the military halted its public reporting of the strike.

Significantly, a Navy medical officer at Guantánamo has become the first prison official known to refuse force-feeding duty. The unidentified nurse’s refusal was acknowledged by the Pentagon July 15.

If Holder wins his frightening argument denying the humanity of the men at Guantánamo, even the American Society for the Prevention of Cruelty to Animals could object. The ASPCA says its vision is that “the US is a humane community in which all animals are treated with respect and kindness.”

Obama Worse than Bush? October 17, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, War on Terror.
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Roger’s note: Obama worse than Bush?  On the face of it it seems a ludicrous idea.  But digging a little deeper …  Here are two articles that give much food for thought.  I especially encourage you to play the video at the very end of the second article and watch Rachel Maddow take apart Obama’s academy award winning performance for convolution.

http://www.opednews,com,  10/17/2013 at 09:10:31

Hersh Says bin Laden Kill Story “One Big Lie”

 

By (about the author)    

If Seymour Hersh says the tale of the death of Osama bin Laden at the hands of US Navy SEALS is “one big lie” and “not one word of it is true,” President Obama will be hard pressed to keep his job when Hersh’s new book comes out. Over a lifetime, investigative reporter Hersh has become famous for his accuracy, honesty, reliability and integrity and if he says the bin Laden tale is a fake, you can take it to the bank.

 

Hersh told “The Guardian,” Britain’s investigative daily, “Nothing’s been done about that story.” A Pakistani report on the killing of bin Laden, Hersh says, was published with considerable U.S. input and is “a bullshit report.”  bin Laden allegedly was killed by a SEAL team in Abbottabad, Pakistan, May 1, 2011.
Hersh is writing a book about national security, “The Guardian” says, and he’s hinted it will include a chapter on the Seals raid in Pakistan that allegedly bumped off bin Laden.
President Obama’s administration lies systematically, Hersh asserts, yet is never challenged by America’s supine media. “It’s pathetic, they are more than obsequious, they are afraid to pick on this guy (Obama),” Hersh said.
Hersh claims President Obama is worse than Bush, “Guardian” writer Lisa O’Carroll, who interviewed Hersh, reports.”Do you think Obama’s been judged by any rational standards?” Hersh asks.”Has Guantanamo closed? Is a war over? Is anyone paying attention to Iraq? Is he seriously talking about going into Syria?”How does Obama get away with the drone program?” How does he justify it? What’s the intelligence?”Why don’t we find out how good or bad this policy is?”
Hersh concludes, “The republic’s in trouble, we lie about everything, lying has become the staple.”
In his bid for re-election in 2012, the Obama campaign milked the bin Laden slaying for all it was worth, making a video narrated by actor Tom Hanks about it. The “Huffington Post’s” Ben Feller at the time wrote an article headlined, “Obama Campaign Using Osama Bin Laden Killing As 2012 Campaign Tool.”
Obama earlier had trumpeted the killing as “the most significant achievement in our fight against Al Quida.”
And Hersh says today the “gotcha” story is all “One Big Lie.” Sounds like an investigation, perhaps even a prosecution, may be in order. #
(Sherwood Ross, who formerly reported for major dailies and wire services, is a public relations consultant for good causes.)
http://www.opednews.com,  8/24/2013 at 03:14:38

Obama Explains the FEMA Camps

 

 

By (about the author)

From http://www.flickr.com/photos/11846056@N06/8151482123/: Federal Emergency Management Agency relief trucks stage in New York, as seen as Army Gen. Frank Grass, the chief of the National Guard Bureau; Air Force Chief Master Sgt. Denise Jelinski-Hall and other National Guard senior leaders visit areas impacted by Hurricane Sandy in New Jersey and New York and Guard members supporting recovery operations on Nov. 2, 2012. (Army National Guard photo by Sgt. 1st Class Jim Greenhill) (Released)
Federal Emergency Management Agency relief trucks stage in New York, as seen as Army Gen. Frank Grass, the chief of the National Guard Bureau; Air Force Chief Master Sgt. Denise Jelinski-Hall and other National Guard senior leaders visit areas impacted by by jim.greenhill
The Conspirosphere has been buzzing about FEMA camps – mass incarceration/relocation centers – for some years now.
There is no shortage of videos and more videos from conspiratists and mainstream sources alike.
Some purposes seem benign, even helpful, like using the camps to house natural disaster victims, instead of warehousing them in horrific conditions like what ensued after Hurricane Katrina, when up to 20,000 people were jammed into the Louisiana Superdome.

But the use of such camps can be expanded greatly, especially in the new Amerika, where everyone is a suspect, and Constitutional rights are a sometime option.

Rachel Maddow has compiled and dissected some recent speeches by Obama in which he explains the future use of FEMA camps directly, and his twisted but very real legal theory allowing, at least to him, indefinite pre-emptive detention for crimes that have not been committed yet, and Obama’s overreach, far beyond anything Bush and Cheney ever attempted, and completely outside even the constitution’s Article 1, Section 9, which allows for suspension of Habeas Corpus during times of “Rebellion (e.g. as in the Civil War) or Invasion.”  She compares Obama’s evolving policy to that of the Tom Cruise science fiction movie: Minority Report, in which Cruise works as a cop in the department of pre-crime, arresting people for things they haven’t done yet.

So, FEMA camps: helpful shelter systems for the next super-storm, or involuntary detention centers for the round-up by the next super storm-troopers…or both?  You can decide…for now.

Humanity Is Drowning In Washington’s Criminality August 14, 2013

Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Whistle-blowing, Wikileaks.
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Roger’s note: before reading this article, please not that the author is not Noam Chomsky or Ralph Nader, but rather a former official in the Reagan administration and writer for the Wall Street Journal.  

 

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By (about the author)

OpEdNews Op Eds 8/13/2013 at 16:06:54
Americans will soon be locked into an unaccountable police state unless US Representatives and Senators find the courage to ask questions and to sanction the executive branch officials who break the law, violate the Constitution, withhold information from Congress, and give false information about their crimes against law, the Constitution, the American people and those in Afghanistan, Pakistan, Yemen, Iraq, Libya, Syria, Somalia, Guantanamo, and elsewhere.  Congress needs to use the impeachment power that the Constitution provides and cease being subservient to the lawless executive branch. The US faces no threat that justifies the lawlessness and abuse of police powers that characterize the executive branch in the 21st century.

Impeachment is the most important power of Congress. Impeachment is what protects the citizens, the Constitution, and the other branches of government from abuse by the executive branch. If the power to remove abusive executive branch officials is not used, the power ceases to exist. An unused power is like a dead letter law. Its authority disappears. By acquiescing to executive branch lawlessness, Congress has allowed the executive branch to place itself above law and to escape accountability for its violations of law and the Constitution.
National Intelligence Director James R. Clapper blatantly lied to Congress and remains in office. Keith B. Alexander, Director of the National Security Agency, has also misled Congress, and he remains in office.  Attorney General Holder avoids telling Congress the truth on just about every subject, and he also remains in office.  The same can be said for President Obama, one of the great deceivers of our time, who is so adverse to truth that truth seldom finds its way out of his mouth.
If an American citizen lies to a federal investigator, even if not under oath, the citizen can be arrested, prosecuted, and sent to prison.  Yet, these same federal personnel can lie to Congress and to citizens with impunity. Whatever the American political system is, it has nothing whatsoever to do with accountable government. In Amerika no one is accountable but citizens, who are accountable not only to law but also to unaccountable charges for which no evidence is required.
Congress has the power to impeach any presidential appointee as well as the president.  In the 1970s Congress was going to impeach President Richard Nixon simply because he lied about when he learned of the Watergate burglary. To avoid impeachment, Nixon resigned. In the 1990s, the House impeached President Bill Clinton for lying about his sexual affair with a White House intern. The Senate failed to convict, no doubt as many had sexual affairs of their own and didn’t want to be held accountable themselves.
In the 1970s when I was on the Senate staff, corporate lobbyists would send attractive women to seduce Senators so that the interest groups could blackmail the Senators to do their bidding. Don’t be surprised if the NSA has adopted this corporate practice.
The improprieties of Nixon and Clinton were minor, indeed of little consequence, when compared to the crimes of George W. Bush and Obama, their vice presidents, and the bulk of their presidential appointees. Yet, impeachment is “off the table,” as Nancy Pelosi infamously declared. Why do Californian voters send a person to Congress who refuses to protect them from an  unaccountable executive branch? Who does Nancy Pelosi serve? Certainly not the people of California. Most certainly not the US Constitution. Pelosi is in total violation of her oath of office. Will Californians re-elect her yet again? Little wonder America is failing.
The question demanding to be asked is: What is the purpose of the domestic surveillance of all Americans? This is surveillance out of all proportion to the alleged terrorist threat. The US Constitution is being ignored and domestic law violated. Why?  Does the US government have an undeclared agenda for which the “terrorist threat” is a cover?
What is this agenda? Whose agenda is more important than the US Constitution and the accountability of government to law? No citizen is secure unless government is accountable to the Constitution and to law. It is an absurd idea that any American is more threatened by terrorism than by unaccountable government that can execute them, torture them, and throw them in prison for life without due process or any accountability whatsoever. Under Bush/Obama, the US has returned to the unaccountable power of caesars, czars, and autocrats.
In the famous play, “A Man For All Seasons,” Sir Thomas More, Chancellor of England, asks: So, you would have me to cut down the law in order to chase after devils? And what will we do, with the law cut down, when the devil turns on us?
This is the most important legal question ever asked, and it is seldom asked today,  not in our law schools, not by our bar associations, and most certainly not by the Justice (sic) Department or US Attorneys.
American conservatives regard civil liberties as mere excuses for liberal judges to coddle criminals and terrorists. Never expect a conservative Republican, or more than two or three of them, to defend your civil liberty. Republicans simply do not believe in civil liberty. Democrats cannot conceive that Obama — the first black president in office, a member of an oppressed minority — would not defend civil liberty. This combination of disinterest and denial is why the US has become a police state.
Civil liberty has few friends in government, the political parties, law schools, bar associations, or the federal judiciary. Consequently, no citizen is secure. Recently, a housewife researched online for pressure cookers looking for the best deal. Her husband was searching for a backpack. The result was that a fully armed SWAT team appeared at the door demanding to search the premises and to have questions answered.
I am always amazed when someone says: “I haven’t done anything wrong. I have nothing to fear.” If you have nothing to fear from the government, why did the Founding Fathers put the protections in the Constitution that Bush and Obama have stripped out?

Unlike the Founding Fathers who designed our government to protect the citizens, the American sheeple trust the government to their own demise.
Glenn Greenwald recently explained how the mass of data that is being accumulated on every American is being mined for any signs of non-terrorist-related criminal behavior. As such warrantless searches are illegal evidence in a criminal trial, the authorities disguise the illegal way in which the evidence is obtained in order to secure conviction based on illegally obtained evidence.
In other words, the use of the surveillance justified by the “war on terror” has already spread into prosecutions of ordinary criminals where it has corrupted legal safeguards and the integrity, if any, of the criminal court system, prosecutors and judges.
This is just one of the many ways in which you have much to fear, whether you think you are doing anything wrong or not. You can be framed for crimes based on inferences drawn from your Internet activity and jokes with friends on social media. Jurors made paranoid by the “terrorist threat” will convict you.
We should be very suspicious of the motive behind the universal spying on US citizens. The authorities are aware that the terrorist threat does not justify the unconstitutional and illegal spying. There have been hardly any real terrorist events in the US, which is why the FBI has to find clueless people around whom to organize an FBI orchestrated plot in order to keep the “terrorist threat” alive in the public’s mind. At last count, there have been 150 “sting operations” in which the FBI recruits people, who are out of touch with reality, to engage in a well-paid FBI designed plot. Once the dupes agree, they are arrested as terrorists and the plot revealed, always with the accompanying statement that the public was never in any danger as the FBI was in control.
When 99 percent of all terrorism is organized by the FBI, why do we need NSA spying on every communication of every American and on people in the rest of the world?
Terrorism seldom comes from outside. The source almost always is the government in power. The Czarist secret police set off bombs in order to blame and arrest labor agitators. The Nazis burned down the Reichstag in order to decimate the communists and assume unaccountable power in the name of “public safety.” An alleged terrorist threat is a way of using fear to block popular objection to the exercise of arbitrary government power.
In order to be “safe from terrorists,” the US population, with few objections, has accepted the demise of their civil liberties, such as habeas corpus, which reaches back centuries to Magna Carta as a constraint on government power.  How, then, are they safe from their government?  Americans today are in the same position as the English prior to the Great Charter of 1215. Americans are no longer protected by law and the Constitution from government tyranny.
The reason the Founding Fathers wrote the Constitution was to make citizens safe from their government. If citizens allow the government to take away the Constitution, they might be safe from foreign terrorists, but they are no longer safe from their government.
Who do you think has more power over you, foreign terrorists or “your” government?
Washington defines all resistance to its imperialism and tyranny as “terrorism.” Thus, Americans who defend the environment, who defend wildlife, who defend civil liberties and human rights, who protest Washington’s wars and robbery of the people on behalf of special interests, all become “domestic extremists,” the term Homeland Security has substituted for “terrorist.” Those who are out of step with Washington and the powerful private interests that exploit us, other peoples, and the earth for their profits and power fall into the wrong side of Bush’s black and white division of the world: “you are for us or against us.”
In the United States independent thought is on the verge of being criminalized as are constitutionally guaranteed protests and the freedom of the press. The constitutional principle of freedom of speech is being redefined as treason, as aiding an undefined enemy, and as seeking to overthrow the government by casting aspersions on its motives and revealing its secret misdeeds. The power-mad inhabitants of Washington have brought the US so close to Gestapo Germany and Stalinist Russia that it is no longer funny. Indeed, it is sometimes difficult to see the difference.
The neoconservatives have declared that Americans are the “exceptional” and “indispensable people.” Yet, the civil liberties of Americans have declined the more “exceptional” and “indispensable” that Americans become. We are now so exceptional and indispensable that we no longer have any rights.
And neither does the rest of the world. Neoconservatism has created a new dangerous American nationalism.  Neoconservatives have given Washington a monopoly on right and endowed its military aggressions with a morality that supersedes the Geneva Conventions and human rights. Washington, justified by its “exceptionalism,” has the right to attack populations in countries with which Washington is not at war, such as Pakistan and Yemen. Washington is using the cover of its “exceptionalism” to murder people in many countries. Hitler tried to market the exceptionalism of the German people, but he lacked Washington’s Madison Avenue skills.
Washington is always morally right, whatever it does, and those who report its crimes are traitors who, stripped of their coddling by civil liberties, are locked away and abused until they confess to their crimes against the state. Anyone who tells the truth, such as Bradley Manning, Julian Assange, and Edward Snowden, are branded enemies of the state and are ruthlessly persecuted.
How does the “indispensable, exceptional nation” have a diplomatic policy? How can a neoconized State Department be based on anything except coercion?  It can’t. That is why Washington produces nothing but war and threats of war.
Wherever a person looks, whatever a person hears, it is Washington’s threat — “we are going to bomb you into the stone age” if you don’t do what we want and agree to what we require. We are going to impose “sanctions,” Washington’s euphemism for embargoes, and starve your women and children to death, permit no medical supplies, ban you from the international payments system unless you relent and consent to being Washington’s puppet, and ban you from posting your news broadcasts on the Internet.
This is the face that Washington presents to the world: the hard, mean face of a tyrant.
Washington’s power will survive a bit longer, because there are still politicians in Europe, the Middle East, Africa, Asia, Latin America and in Canada, Australia, New Zealand, and the NGOs in Russia, who are paid off by the almighty dollar. In exchange for Washington’s money, they endorse Washington’s immorality and murderous destruction of law and life.
But the dollar is being destroyed by Quantitative Easing, and the domestic US economy is being destroyed by jobs offshoring.
Rome was powerful until the Germans ceased to believe it. Then the rotten edifice collapsed. Washington faces sooner or later the same fate. An inhumane, illegal, unconstitutional regime based on violence alone, devoid of all morality and all human compassion, is not acceptable to China, Russia, India, Iran, and Brazil, or to readers of this column.
The evil that is Washington cannot last forever. The criminals might destroy the world in nuclear war, but the lawlessness and lack of humanity in Washington, which murders more people as I write, is no longer acceptable to the rest of the world, not even to its European puppet states, despite the leaders being on Washington’s payroll.
Gorbachev is correct. The collapse of the Soviet Union was a debacle for the entire world. It transformed the US from the “city upon the hill,” the “beacon for humanity,” into an aggressive militarist state. Consequently, Amerika has become despised by everyone who has a moral conscience and a sense of justice.

http://www.paulcraigroberts.org/

Dr. Roberts was Assistant Secretary of the US Treasury for Economic Policy in the Reagan Administration. He was associate editor and columnist with the Wall Street Journal, columnist for Business Week and the Scripps Howard News Service. He is a contributing editor to Gerald Celente’s Trends Journal. He has had numerous university appointments. His latest book, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West is available here:  http://www.amazon.com/Failure-Capitalism-Economic-Dissolution-ebook/dp/B00BLPJNWE/ref=sr_1_17?ie=UTF8&qid=1362095594&sr=8-17&keywords=paul+craig+roberts

Is the Lawlessness of Obama’s Drone Policy Coming Home? June 4, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice.
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Roger’s note: one is reminded of Malcolm X’s infamous remark upon the assassination of John Kennedy (for which Malcolm was roundly criticized and disciplined by the Black Muslim organization to which he at that time belonged): “the chickens have come home to roost.”  As the refrain goes from the prophetic song, “Where Have All the Flowers Gone,” … When will they ever learn?

Once a state gets used to abusing the rights of foreigners in distant lands, it’s almost inevitable it will import the habit

 

Did the FBI execute Ibragim Todashev? He appears to have been shot seven times while being interviewed at home in Orlando, Florida, about his connection to one of the Boston bombing suspects. Among the shots was the assassin’s hallmark: a bullet to the back of the head. What kind of an interview was it?

‘Under the Obama doctrine, innocent until proved guilty has mutated to innocent until proved dead.’ (Illustration by Daniel Pudles)

An irregular one. There was no lawyer present. It was not recorded. By the time Todashev was shot, he had apparently been interrogated by three agents for five hours. And then? Who knows? First, we were told, he lunged at them with a knife. How he acquired it, five hours into a police interview, was not explained. How he posed such a threat while recovering from a knee operation also remains perplexing.

At first he drew the knife while being interviewed. Then he acquired it during a break from the interview. Then it ceased to be a knife and became a sword, then a pipe, then a metal pole, then a broomstick, then a table, then a chair. In one account all the agents were in the room at the time of the attack; in another, all but one had mysteriously departed, leaving the remaining officer to face his assailant alone.

If – and it remains a big if – this was an extrajudicial execution, it was one of hundreds commissioned by US agencies since Barack Obama first took office. The difference in this case is that it took place on American soil. Elsewhere, suspects are bumped off without even the right to the lawyerless interview Ibragim Todashev was given.

In his speech two days after Todashev was killed, President Obama maintained that “our commitment to constitutional principles has weathered every war“. But he failed to explain which constitutional principles permit him to authorise the killing of people in nations with which the US is not at war. When his attorney general, Eric Holder, tried to do so last year, he got himself into a terrible mess, ending with the extraordinary claim that “‘due process’ and ‘judicial process’ are not one and the same … the constitution guarantees due process, not judicial process”. So what is due process if it doesn’t involve the courts? Whatever the president says it is?

Er, yes. In the same speech Obama admitted for the first time that four American citizens have been killed by US drone strikes in other countries. In the next sentence, he said: “I do not believe it would be constitutional for the government to target and kill any US citizen – with a drone, or a shotgun – without due process.” This suggests he believes that the legal rights of those four people had been respected before they were killed.

Given that they might not even have known that they were accused of the alleged crimes for which they were executed, that they had no opportunities to contest the charges, let alone be granted judge or jury, this suggests that the former law professor’s interpretation of constitutional rights is somewhat elastic. If Obama and his nameless advisers say someone is a terrorist, he stands convicted and can be put to death.

Left hanging in his speech is the implication that non-US citizens may be killed without even the pretence of due process. The many hundreds killed by drone strikes (who, civilian or combatant, retrospectively become terrorists by virtue of having been killed in a US anti-terrorism operation) are afforded no rights even in principle.

As the process of decision-making remains secret, as the US government refuses even to acknowledge – let alone to document or investigate – the killing by its drones of people who patently had nothing to do with terrorism or any other known crime, miscarriages of justice are not just a risk emerging from the deployment of the president’s kill list. They are an inevitable outcome. Under the Obama doctrine, innocent until proved guilty has mutated to innocent until proved dead.

The president made his rejection of habeas corpus and his assumption of a godlike capacity for judgment explicit later in the speech, while discussing another matter. How, he wondered, should the US deal with detainees in Guantánamo Bay “who we know have participated in dangerous plots or attacks, but who cannot be prosecuted – for example because the evidence against them has been compromised or is inadmissible in a court of law”? If the evidence has been compromised or is inadmissible, how can he know that they have participated? He can suspect, he can allege, but he cannot know until his suspicion has been tested in a court of law.

Global powers have an antisocial habit of bringing their work back home. The British government imported some of the methods it used against its colonial subjects to suppress domestic protests and strikes. Once an administrative class becomes accustomed to treating foreigners as if they have no rights, and once the domestic population broadly accepts their justifications, it is almost inevitable that the habit migrates from one arena into another. If hundreds of people living abroad can be executed by American agents on no more than suspicion, should we be surprised if residents of the United States began to be treated the same way?

George Monbiot

George Monbiot is the author of the best selling books The Age of Consent: a manifesto for a new world order and Captive State: the corporate takeover of Britain. He writes a weekly column for the Guardian newspaper. Visit his website at www.monbiot.com

The ‘War on Terror’ – by Design – Can Never End January 5, 2013

Posted by rogerhollander in Barack Obama, Iraq and Afghanistan, War, War on Terror.
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Published on Friday, January 4, 2013 by The Guardian

 

As the Pentagon’s former top lawyer urges that the war be viewed as finite, the US moves in the opposite direction

by Glenn Greenwald

endless_war_on_terror

A U.S. Army soldier takes cover as a Black Hawk chopper takes off from a U.S. military base in Arghandab valley near Kandahar. (Photo: Reuters)

Last month, outgoing pentagon general counsel Jeh Johnson gave a speech at the Oxford Union and said that the War on Terror must, at some point, come to an end:

“Now that efforts by the US military against al-Qaida are in their 12th year, we must also ask ourselves: How will this conflict end? . . . . ‘War’ must be regarded as a finite, extraordinary and unnatural state of affairs. We must not accept the current conflict, and all that it entails, as the ‘new normal.’ Peace must be regarded as the norm toward which the human race continually strives. . . .

“There will come a tipping point at which so many of the leaders and operatives of al-Qaida and its affiliates have been killed or captured, and the group is no longer able to attempt or launch a strategic attack against the United States, that al-Qaida will be effectively destroyed.”

On Thursday night, MSNBC’s Rachel Maddow interviewed Johnson, and before doing so, she opined as follows:

“When does this thing we are in now end? And if it does not have an end — and I’m not speaking as a lawyer here, I am just speaking as a citizen who feels morally accountable for my country’s actions — if it does not have an end, then morally speaking it does not seem like it is a war. And then, our country is killing people and locking them up outside the traditional judicial system in a way I think we maybe cannot be forgiven for.”

It is precisely the intrinsic endlessness of this so-called “war” that is its most corrupting and menacing attribute, for the reasons Maddow explained. But despite the happy talk from Johnson, it is not ending soon. By its very terms, it cannot. And all one has to do is look at the words and actions of the Obama administration to know this.

There’s no question that this “war” will continue indefinitely. There is no question that US actions are the cause of that, the gasoline that fuels the fire.

In October, the Washington Post’s Greg Miller reported that the administration was instituting a “disposition matrix” to determine how terrorism suspects will be disposed of, all based on this fact: “among senior Obama administration officials, there is broad consensus that such operations are likely to be extended at least another decade.” As Miller puts it: “That timeline suggests that the United States has reached only the midpoint of what was once known as the global war on terrorism.”

The polices adopted by the Obama administration just over the last couple of years leave no doubt that they are accelerating, not winding down, the war apparatus that has been relentlessly strengthened over the last decade. In the name of the War on Terror, the current president has diluted decades-old Miranda warnings; codified a new scheme of indefinite detention on US soil; plotted to relocate Guantanamo to Illinois; increased secrecy, repression and release-restrictions at the camp; minted a new theory of presidential assassination powers even for US citizens; renewed the Bush/Cheney warrantless eavesdropping framework for another five years, as well as the Patriot Act, without a single reform; and just signed into law all new restrictions on the release of indefinitely held detainees.

Does that sound to you like a government anticipating the end of the War on Terror any time soon? Or does it sound like one working feverishly to make their terrorism-justified powers of detention, surveillance, killing and secrecy permanent? About all of this, the ACLU’s Executive Director, Anthony Romero, provided the answer on Thursday: “President Obama has utterly failed the first test of his second term, even before inauguration day. His signature means indefinite detention without charge or trial, as well as the illegal military commissions, will be extended.”

There’s a good reason US officials are assuming the “War on Terror” will persist indefinitely: namely, their actions ensure that this occurs. The New York Times’ Matthew Rosenberg this morning examines what the US government seems to regard as the strange phenomenon of Afghan soldiers attacking US troops with increasing frequency, and in doing so, discovers a shocking reality: people end up disliking those who occupy and bomb their country:

“Such insider attacks, by Afghan security forces on their Western allies, became ‘the signature violence of 2012′, in the words of one former American official. The surge in attacks has provided the clearest sign yet that Afghan resentment of foreigners is becoming unmanageable, and American officials have expressed worries about its disruptive effects on the training mission that is the core of the American withdrawal plan for 2014. . . .

“But behind it all, many senior coalition and Afghan officials are now concluding that after nearly 12 years of war, the view of foreigners held by many Afghans has come to mirror that of the Taliban. Hope has turned into hatred, and some will find a reason to act on those feelings.

“‘A great percentage of the insider attacks have the enemy narrative — the narrative that the infidels have to be driven out — somewhere inside of them, but they aren’t directed by the enemy,’ said a senior coalition officer, who asked not to be identified because of Afghan and American sensitivities about the attacks.”

In other words, more than a decade of occupying and brutalizing that country has turned large swaths of the population into the “Taliban”, to the extent that the “Taliban” means: Afghans willing to use violence to force the US and its allies out of their country. As always, the US – through the very policies of aggression and militarism justified in the name of terrorism – is creating the very “terrorists” those polices are supposedly designed to combat. It’s a pure and perfect system of self-perpetuation.

There is zero reason for US officials to want an end to the war on terror, and numerous and significant reasons why they would want it to continue.

Exactly the same thing is happening in Yemen, where nothing is more effective at driving Yemenis into the arms of al-Qaida than the rapidly escalated drone attacks under Obama. This morning, the Times reported that US air strikes in Yemen are carried out in close cooperation with the air force of Saudi Arabia, which will only exacerbate that problem. Indeed, virtually every person accused of plotting to target the US with terrorist attacks in last several years has expressly cited increasing US violence, aggression and militarism in the Muslim world as the cause.

There’s no question that this “war” will continue indefinitely. There is no question that US actions are the cause of that, the gasoline that fuels the fire. The only question – and it’s becoming less of a question for me all the time – is whether this endless war is the intended result of US actions or just an unwanted miscalculation.

It’s increasingly hard to make the case that it’s the latter. The US has long known, and its own studies have emphatically concluded, that “terrorism” is motivated not by a “hatred of our freedoms” but by US policy and aggression in the Muslim world. This causal connection is not news to the US government. Despite this – or, more accurately, because of it – they continue with these policies.

One of the most difficult endeavors is to divine the motives of other people (divining our own motives is difficult enough). That becomes even more difficult when attempting to discern the motives not of a single actor but a collection of individuals with different motives and interests (“the US government”).

But what one can say for certain is that there is zero reason for US officials to want an end to the war on terror, and numerous and significant reasons why they would want it to continue. It’s always been the case that the power of political officials is at its greatest, its most unrestrained, in a state of war. Cicero, two thousand years ago, warned that “In times of war, the law falls silent” (Inter arma enim silent leges). John Jay, in Federalist No. 4, warned that as a result of that truth, “nations in general will make war whenever they have a prospect of getting anything by it . . . for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans.”

Only outside compulsion, from citizens, can make an end to all of this possible.

If you were a US leader, or an official of the National Security State, or a beneficiary of the private military and surveillance industries, why would you possibly want the war on terror to end? That would be the worst thing that could happen. It’s that war that generates limitless power, impenetrable secrecy, an unquestioning citizenry, and massive profit.

Just this week, a federal judge ruled that the Obama administration need not respond to the New York Times and the ACLU’s mere request to disclose the government’s legal rationale for why the President believes he can target US citizens for assassination without due process. Even while recognizing how perverse her own ruling was – “The Alice-in-Wonderland nature of this pronouncement is not lost on me” and it imposes “a veritable Catch-22″ – the federal judge nonetheless explained that federal courts have constructed such a protective shield around the US government in the name of terrorism that it amounts to an unfettered license to violate even the most basic rights: “I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret” (emphasis added).

Why would anyone in the US government or its owners have any interest in putting an end to this sham bonanza of power and profit called “the war on terror”? Johnson is right that there must be an end to this war imminently, and Maddow is right that the failure to do so will render all the due-process-free and lawless killing and imprisoning and invading and bombing morally indefensible and historically unforgivable.

But the notion that the US government is even entertaining putting an end to any of this is a pipe dream, and the belief that they even want to is fantasy. They’re preparing for more endless war; their actions are fueling that war; and they continue to reap untold benefits from its continuation. Only outside compulsion, from citizens, can make an end to all of this possible.

© 2012 Guardian News and Media Limited

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

Obama fights ban on indefinite detention of Americans August 8, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice.
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(AFP Photo / Paul J. Richards)

(AFP Photo / Paul J. Richards)

Roger’s note: The phrase “lock ‘em up and throw away the key” used to be used jokingly.  It is no joke what Obama is doing.  This president, who is reputed to be a constitutional scholar, is systematically tramping over the constitution and what is perhaps the most important and precious civil and legal protections, habeas corpus.  Imagine how this precedent will be used under some of the Republican nut cases who are likely to be future presidents.  Frightening.

www.rt.com, August 7, 2012

The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.

Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.

The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.

Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.

In section 1021 of the NDAA, the president’s authority to hold a terrorism suspect “without trial, until the end of the hostilities” is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Just Forrest to find it unconstitutional one month later.

“There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote in her 68-page ruling. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”

At the time Just Forrest made her injunction, attorney Carl Mayer told RT on behalf of the plaintiffs that, although he expected the White House to appeal, “It may not be in their best interest.”

“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’” Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”

The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.

Extremism normalized July 31, 2012

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Democracy, Torture.
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Roger’s note: I am reminded of Barry Goldwater’s infamous statement in his acceptance speech for the 1964 Republican nomination: “I would remind you that extremism in the defense of liberty is no vice!”  Today’s neo-con Republicans have come a long way since then, in a neo-fascist direction that I suspect would trouble a libertarian like Goldwater, who was an Air Force General if I remember correctly.  I would argue in fact that Goldwater’s genuine spiritual heirs are not the nut case Republican leadership or Fox News racists, but rather the libertarian Republicans such as Ron Paul, who are the only vocal critics in Congress (apart from a handful of Democrats)  of the Bush/Clinton/Obama super imperialist and militarist foreign policy (while, unfortunately, remaining shills for American corporatism with respect to domestic policy).

Tuesday, Jul 31, 2012 05:19 AM EST, www.salon.com

 

How Americans are efficiently trained to acquiesce to ideas once deemed so radical as to be unthinkable

By

 

Extremism normalizedSen. John McCain, R-Ariz., left, shakes hands with Vice President Dick Cheney after McCain introduced Cheney during a campaign stop, Friday, July 16, 2004, at the Lansing Center in Lansing, Mich. (Credit: AP Photo/Al Goldis)

(updated below – Update II)

Remember when, in the wake of the 9/11 attack, the Patriot Act was controversial, held up as the symbolic face of Bush/Cheney radicalism and widely lamented as a threat to core American liberties and restraints on federal surveillance and detention powers? Yet now, the Patriot Act is quietly renewed every four years by overwhelming majorities in both parties (despite substantial evidence of serious abuse), and almost nobody is bothered by it any longer. That’s how extremist powers become normalized: they just become such a fixture in our political culture that we are trained to take them for granted, to view the warped as normal. Here are several examples from the last couple of days illustrating that same dynamic; none seems overwhelmingly significant on its own, but that’s the point:

After Dick Cheney criticized John McCain this weekend for having chosen Sarah Palin as his running mate, this was McCain’s retort:

Look, I respect the vice president. He and I had strong disagreements as to whether we should torture people or not. I don’t think we should have.

Isn’t it amazing that the first sentence there (“I respect the vice president”) can precede the next one (“He and I had strong disagreements as to whether we should torture people or not”) without any notice or controversy? I realize insincere expressions of respect are rote ritualism among American political elites, but still, McCain’s statement amounts to this pronouncement: Dick Cheney authorized torture — he is a torturer — and I respect him. How can that be an acceptable sentiment to express? Of course, it’s even more notable that political officials whom everyone knows authorized torture are walking around free, respected and prosperous, completely shielded from all criminal accountability. “Torture” has been permanently transformed from an unspeakable taboo into a garden-variety political controversy, where it shall long remain.

Equally remarkable is this Op-Ed from The Los Angeles Times over the weekend, condemning President Obama’s kill lists and secret assassinations:

Allowing the president of the United States to act as judge, jury and executioner for suspected terrorists, including U.S. citizens, on the basis of secret evidence is impossible to reconcile with the Constitution’s guarantee that a life will not be taken without due process of law.

Under the law, the government must obtain a court order if it seeks to target a U.S. citizen for electronic surveillance, yet there is no comparable judicial review of a decision to kill a citizen. No court is even able to review the general policies for such assassinations. . . .

But if the United States is going to continue down the troubling road of state-sponsored assassination, Congress should, at the very least, require that a court play some role, as the Foreign Intelligence Surveillance Court does with the electronic surveillance of suspected foreign terrorists. Even minimal judicial oversight might make the president and his advisors think twice about whether an American citizen poses such an “imminent” danger that he must be executed without a trial.

Isn’t it amazing that a newspaper editorial even has to say: you know, the President isn’t really supposed to have the power to act as judge, jury and executioner and order American citizens assassinated with no transparency or due process? And isn’t it even more amazing that the current President has actually seized and exercised this power with very little controversy? Recall that when The New York Times first confirmed Obama’s targeting of citizens for assassinations in 2010, it noted, citing “officials,” that “it is extremely rare, if not unprecedented, for an American to be approved for targeted killing.” No longer. That presidential power — literally the most tyrannical power a political leader can seize — is also now a barely noticed fixture of our political culture.

Meanwhile, we have this, from the Associated Press yesterday:

Remember when John Poindexter’s “Total Information Awareness” program – which was “to use data mining technologies to sift through personal transactions in electronic data to find patterns and associations connected to terrorist threats and activities”: basically create real-time surveillance of everyone – was too extreme and menacing even for an America still at its peak of post-9/11 hysteria? Yet here we have the NYPD — more than a decade removed from 9/11 — announcing a very similar program in very similar terms, and it’s almost impossible to envision any real controversy.

Similarly, in the AP’s sentence above describing the supposed targets of this new NYPD surveillance program: what, exactly, is a “potential terrorist”? Isn’t that an incredibly Orwellian term given that, by definition, it can include anyone and everyone? In practice, it will almost certainly mean: all Muslims, plus anyone who engages in any activism that opposes prevailing power factions. That’s how the American Surveillance State is always used. Still, the undesirability of mass, “all-seeing,” indiscriminate surveillance regime was a given — a view, in sum, that the East German Stasi was a bad idea that we would not want to replicate on American soil — yet now, there is almost no limit on the level of state surveillance we tolerate.

In The New York Times yesterday, Elisabeth Bumiller wrote about the very moving and burdensome plight of America’s drone pilots who, sitting in front of a “computer console [] in the Syracuse suburbs,” extinguish people’s lives thousands of miles away by launching missiles at them. The bulk of the article is devoted to eliciting sympathy and admiration for these noble warriors, but when doing so, she unwittingly describes America’s future with domestic surveillance drones:

Among the toughest psychological tasks is the close surveillance for aerial sniper missions, reminiscent of the East German Stasi officer absorbed by the people he spies on in the movie “The Lives of Others.” A drone pilot and his partner, a sensor operator who manipulates the aircraft’s camera, observe the habits of a militant as he plays with his children, talks to his wife and visits his neighbors. They then try to time their strike when, for example, his family is out at the market.

“They watch this guy do bad things and then his regular old life things,” said Col. Hernando Ortega, the chief of aerospace medicine for the Air Education Training Command, who helped conduct a study last year on the stresses on drone pilots. . . . ”You see them wake up in the morning, do their work, go to sleep at night,” said Dave, an Air Force major who flew drones from 2007 to 2009 at Creech Air Force Base in Nevada and now trains drone pilots at Holloman Air Force Base in New Mexico.

That’s the level of detailed monitoring that drone surveillance enables. Numerous attributes of surveillance drones — their ability to hover in the same place for long periods of time, their ability to remain stealthy, their increasingly cheap cost and tiny size — enable surveillance of a breadth, duration and invasiveness unlike other types of surveillance instruments, such as police helicopters or satellites. Recall that one new type of drone already in use by the U.S. military in Afghanistan — the Gorgon Stare, named after the “mythical Greek creature whose unblinking eyes turned to stone those who beheld them” — is “able to scan an area the size of a small town” and “the most sophisticated robotics use artificial intelligence that [can] seek out and record certain kinds of suspicious activity”; boasted one U.S. General: “Gorgon Stare will be looking at a whole city, so there will be no way for the adversary to know what we’re looking at, and we can see everything.”

There is zero question that this drone surveillance is coming to American soil. It already has spawned a vast industry that is quickly securing formal approval for the proliferation of these surveillance weapons. There’s some growing though still marginal opposition among both the independent left and the more libertarian-leaning precincts on the right, but at the moment, that trans-ideological coalition is easily outgunned by the combination of drone industry lobbyists and Surveillance State fanatics. The idea of flying robots hovering over American soil monitoring what citizens do en masse is yet another one of those ideas that, in the very recent past, seemed too radical and dystopian to entertain, yet is on the road to being quickly mainstreamed. When that happens, it is no longer deemed radical to advocate such things; radicalism is evinced by opposition to them.

* * * * *

Whatever one thinks of the RT network, Alyona Minkovski, a host of a show on that network, is an excellent journalist and interviewer. Last night was her last show — she’s leaving to work on a Huffington Post video show — and I was on last night, along with Jane Hamsher, discussing several domestic police state issues…

 

Over the weekend, in the column I wrote hailing the Internet’s capacity to detect falsehoods and myths better than traditional journalism, I made reference to the “mass panic” caused by Orson Wells’ 1938 broadcast of “The War of the Worlds.” Numerous people — in comments, via email and elsewhere — objected by arguing that no such panic was ever documented. Journalism Professor W. Joseph Campbell makes the case here that this is nothing more than urban myth. He suggests that the widespread propagation of this myth on the Internet undermines my argument because it shows how the Internet can spread rather than combat falsehoods (Dan Drezner makes a related argument here), but (at least with regard to Campbell’s argument) I’d say the opposite is true. Leaving aside that this “mass panic” myth was widely believed long before the Internet was widely used, I was quickly exposed to, and persuaded by, the likely mythical nature of my claim as a result of the interactive process of Internet journalism which I praised.

UPDATE: In Mother Jones, Adam Serwer argues that “Congress is finally standing up to President Barack Obama on targeted killing” — specifically that they “are pushing the administration to explain why it believes it’s legal to kill American terror suspects overseas.” Notably, this push is coming from Republican Senators, while leading Democrats such as  are attempting to impede these efforts to bring basic accountability and transparency to this most radical power. Note the debate here: not whether the President should have the power to order Americans executed without due process, but simply whether he should have to account to Congress for what he does and what the legal framework is that he believes authorizes this.

 

UPDATE II: Via BuzzFeed and Spencer Ackerman, here is the logo for the U.S. Navy’s executive offices for its drone planes:

 Why do they hate us?

The Obama GITMO myth July 24, 2012

Posted by rogerhollander in Uncategorized.
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New vindictive restrictions on detainees highlights the falsity of Obama defenders regarding closing the camp

By , Monday, Jul 23, 2012, www.salon.com

The Obama GITMO mythAccused Sept. 11 co-conspirator Ramzi Binalshibh is shown while attending his military hearing at the Guantanamo Bay U.S. Naval Base in Cuba. (AP/Janet Hamlin)

Most of the 168 detainees at Guantanamo have been imprisoned by the U.S. Government for close to a decade without charges and with no end in sight to their captivity. Some now die at Guantanamo, thousands of miles away from their homes and families, without ever having had the chance to contest accusations of guilt. During the Bush years, the plight of these detainees was a major source of political controversy, but under Obama, it is now almost entirely forgotten. On those rare occasions when it is raised, Obama defenders invoke a blatant myth to shield the President from blame: he wanted and tried so very hard to end all of this, but Congress would not let him. Especially now that we’re in an Election Year, and in light of very recent developments, it’s long overdue to document clearly how misleading that excuse is.

Last week, the Obama administration imposed new arbitrary rules for Guantanamo detainees who have lost their first habeas corpus challenge. Those new rules eliminate the right of lawyers to visit their clients at the detention facility; the old rules establishing that right were in place since 2004, and were bolstered by the Supreme Court’s 2008 Boumediene ruling that detainees were entitled to a “meaningful” opportunity to contest the legality of their detention. The DOJ recently informed a lawyer for a Yemeni detainee, Yasein Khasem Mohammad Esmail, that he would be barred from visiting his client unless he agreed to a new regime of restrictive rules, including acknowledging that such visits are within the sole discretion of the camp’s military commander. Moreover, as SCOTUSblog’s Lyle Denniston explains:

Besides putting control over legal contacts entirely under a military commander’s control, the “memorandum of understanding” does not allow attorneys to share with other detainee lawyers what they learn, and does not appear to allow them to use any such information to help prepare their own client for a system of periodic review at Guantanamo of whether continued detention is justified, and may even forbid the use of such information to help prepare a defense to formal terrorism criminal charges against their client.

The New York Times Editorial Page today denounced these new rules as “spiteful,” cited it as “the Obama administration’s latest overuse of executive authority,” and said “the administration looks as if it is imperiously punishing detainees for their temerity in bringing legal challenges to their detention and losing.” Detainee lawyers are refusing to submit to these new rules and are asking a federal court to rule that they violate the detainees’ right to legal counsel.

But every time the issue of ongoing injustices at Guantanamo is raised, one hears the same apologia from the President’s defenders: the President wanted and tried to end all of this, but Congress — including even liberals such as Russ Feingold and Bernie Sanders — overwhelming voted to deny him the funds to close Guantanamo. While those claims, standing alone, are true, they omit crucial facts and thus paint a wildly misleading picture about what Obama actually did and did not seek to do.

What made Guantanamo controversial was not its physical location: that it was located in the Caribbean Sea rather than on American soil (that’s especially true since the Supreme Court ruled in 2004 that U.S. courts have jurisdiction over the camp). What made Guantanamo such a travesty — and what still makes it such — is that it is a system of indefinite detention whereby human beings are put in cages for years and years without ever being charged with a crime. President Obama’s so-called “plan to close Guantanamo” — even if it had been approved in full by Congress — did not seek to end that core injustice. It sought to do the opposite: Obama’s plan would have continued the system of indefinite detention, but simply re-located it from Guantanamo Bay onto American soil.

Long before, and fully independent of, anything Congress did, President Obama made clear that he was going to preserve the indefinite detention system at Guantanamo even once he closed the camp. President Obama fully embraced indefinite detention — the defining injustice of Guantanamo — as his own policy.

In February, 2009, the Obama DOJ told an appellate court it was embracing the Bush DOJ’s theory that Bagram detainees have no legal rights whatsoever, an announcement that shocked the judges on the panel hearing the case. In May, 2009, President Obama delivered a speech at the National Archives — in front of the U.S. Constitution — and, as his plan for closing Guantanamo, proposed a system of preventative “prolonged detention” without trial inside the U.S.; The New York Times – in an article headlined “President’s Detention Plan Tests American Legal Tradition” – said Obama’s plan “would be a departure from the way this country sees itself, as a place where people in the grip of the government either face criminal charges or walk free.” In January, 2010, the Obama administration announced it would continue to imprison several dozen Guantanamo detainees without any charges or trials of any kind, including even a military commission, on the ground that they were “too difficult to prosecute but too dangerous to release.” That was all Obama’s doing, completely independent of anything Congress did.

When the President finally unveiled his plan for “closing Guantanamo,” it became clear that it wasn’t a plan to “close” the camp as much as it was a plan simply to re-locate it — import it — onto American soil, at a newly purchased federal prison in Thompson, Illinois. William Lynn, Obama’s Deputy Defense Secretary, sent a letter to inquiring Senators that expressly stated that the Obama administration intended to continue indefinitely to imprison some of the detainees with no charges of any kind. The plan was classic Obama: a pretty, feel-good, empty symbolic gesture (get rid of the symbolic face of Bush War on Terror excesses) while preserving the core abuses (the powers of indefinite detention ), even strengthening and expanding those abuses by bringing them into the U.S.

Recall that the ACLU immediately condemned what it called the President’s plan to create “GITMO North.” About the President’s so-called “plan to close Guantanamo,” Executive Director Anthony Romero said:

The creation of a “Gitmo North” in Illinois is hardly a meaningful step forward. Shutting down Guantánamo will be nothing more than a symbolic gesture if we continue its lawless policies onshore.

Alarmingly, all indications are that the administration plans to continue its predecessor’s policy of indefinite detention without charge or trial for some detainees, with only a change of location. Such a policy is completely at odds with our democratic commitment to due process and human rights whether it’s occurring in Cuba or in Illinois.

In fact, while the Obama administration inherited the Guantánamo debacle, this current move is its own affirmative adoption of those policies. It is unimaginable that the Obama administration is using the same justification as the Bush administration used to undercut centuries of legal jurisprudence and the principle of innocent until proven guilty and the right to confront one’s accusers. . . . .The Obama administration’s announcement today contradicts everything the president has said about the need for America to return to leading with its values.

In fact, Obama’s “close GITMO” plan — if it had been adopted by Congress — would have done something worse than merely continue the camp’s defining injustice of indefinite detention. It would likely have expanded those powers by importing them into the U.S. The day after President Obama’s speech proposing a system of “prolonged detention” on U.S. soil, the ACLU’s Ben Wizner told me in an interview:

It may to serve to enshrine into law the very departures from the law that the Bush administration led us on, and that we all criticized so much. And I’ll elaborate on that. But that’s really my initial reaction to it; that what President Obama was talking about yesterday is making permanent some of the worst features of the Guantanamo regime. He may be shutting down the prison on that camp, but what’s worse is he may be importing some of those legal principles into our own legal system, where they’ll do great harm for a long time.

So even if Congress had fully supported and funded Obama’s plan to “close Guantanamo,” the core injustices that made the camp such a travesty would remain. In fact, they’d not only remain, but would be in full force within the U.S. That’s what makes the prime excuse offered for Obama — he tried to end all of this but couldn’t – so misleading. He only wanted to change the locale of these injustices, but sought fully to preserve them.

Indeed, as part of that excuse, one frequently hears that even liberal civil liberties stalwarts in the Senate — such as Russ Feingold and Bernie Sanders — voted to deny funding for the closing of Guantanamo: as though it is they who are to blame for these enduring travesties, rather than Obama. But this, too, is misleading in the extreme.

The reason these Democratic Senators voted to deny funds for closing Guantanamo is not because they lacked the courage to close Guantanamo. It’s because they did not want to fund a plan to close the camp without knowing exactly what Obama planned to do with the detainees there — because people like Feingold and Sanders did not want to fund the importation of a system of indefinite detention onto U.S. soil. Here’s what actually happened when the Senate, including most Democrats, refused to fund the closing of Guantanamo:

[White House Press Secretary Robert Gibbs] added Obama has not yet decided where some of the detainees will be sent. A presidential commission is studying the issue. . . .

Sen. Daniel Inouye, D-Hawaii, chairman of the Appropriations Committee, favors closing Guantanamo, and the legislation his panel originally sent to the floor provided money for that purpose once the administration submitted a plan for the shutdown.

In changing course and seeking to delete the funds, he said, “The fact that the administration has not offered a workable plan at this point made that decision rather easy.”

Can that be any clearer? They would have voted to fund the closing of Guantanamo, but only once they knew what Obama’s plan was for the detainees there. Feingold — whose vote against funding the closing of Guantanamo is invariably cited by Obama defenders — wrote a letter to the President specifically to object to any plan to import the system of indefinite detention onto U.S. soil:

My primary concern, however, relates to your reference to the possibility of indefinite detention without trial for certain detainees. While I appreciate your good faith desire to at least enact a statutory basis for such a regime, any system that permits the government to indefinitely detain individuals without charge or without a meaningful opportunity to have accusations against them adjudicated by an impartial arbiter violates basic American values and is likely unconstitutional.

While I recognize that your administration inherited detainees who, because of torture, other forms of coercive interrogations, or other problems related to their detention or the evidence against them, pose considerable challenges to prosecution, holding them indefinitely without trial is inconsistent with the respect for the rule of law that the rest of your speech so eloquently invoked. Indeed, such detention is a hallmark of abusive systems that we have historically criticized around the world. It is hard to imagine that our country would regard as acceptable a system in another country where an individual other than a prisoner of war is held indefinitely without charge or trial.

Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not. There is a real risk, then, of establishing policies and legal precedents that rather than ridding our country of the burden of the detention facility at Guantanamo Bay, merely set the stage for future Guantanamos, whether on our shores or elsewhere, with disastrous consequences for our national security.

Worse, those policies and legal precedents would be effectively enshrined as acceptable in our system of justice, having been established not by one, largely discredited administration, but by successive administrations of both parties with greatly contrasting positions on legal and constitutional issues.

Feingold was not going to vote for a plan to close Guantanamo if it meant that its core injustice — indefinite detention — was going simply to be re-located onto American soil, where it would be entrenched rather than dismantled. That, as all of this evidence makes clear, is why so many Democratic Senators voted to deny funding for the closing of Guantanamo: not because they favored the continuation of indefinite detention, but precisely because they did not want to fund its continuation on American soil, as Obama clearly intended.

Now, here we are, almost four years after the vow to close Guantanamo was enshrined in an Executive Order, and the rights of detainees — including the basic right to legal counsel — are being constricted further, in plainly vindictive ways. Conditions at Guantanamo are undoubtedly better than they were in 2003, and some of the deficiencies in military commissions (for the few who appear before them) have been redressed. But the real stain of Guantanamo — keeping people locked up in cages for years with no charges — endures. And contrary to the blatant myth propagated by Obama defenders, that has happened not because Obama tried but failed to eliminate it, but precisely because he embraced it as his own policy from the start.

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The NDAA: a clear and present danger to American liberty March 3, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Democracy.
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Roger’s note: THIS IS TRULY FRIGHTENING.

The US is sleepwalking into becoming a police state, where, like a pre-Magna Carta monarch, the president can lock up anyone

Guantanamo
NDAA critics say that it enables ordinary US citizens to be treated like ‘enemy combatants’ in Guantánamo. Photograph: Paul J Richards/AFP/Getty Images

Yes, the worst things you may have heard about the National Defense Authorization Act, which has formally ended 254 years of democracy in the United States of America, and driven a stake through the heart of the bill of rights, are all really true. The act passed with large margins in both the House and the Senate on the last day of last year – even as tens of thousands of Americans were frantically begging their representatives to secure Americans’ habeas corpus rights in the final version.

It does indeed – contrary to the many flatout-false form letters I have seen that both senators and representatives sent to their constituents, misleading them about the fact that the NDAA destroys their due process rights. Under the act, anyone can be described as a ‘belligerent”. As the New American website puts it,

“[S]ubsequent clauses (Section 1022, for example) unlawfully give the president the absolute and unquestionable authority to deploy the armed forces of the United States to apprehend and to indefinitely detain those suspected of threatening the security of the ‘homeland’. In the language of this legislation, these people are called ‘covered persons’.

“The universe of potential ‘covered persons’ includes every citizen of the United States of America. Any American could one day find himself or herself branded a ‘belligerent’ and thus subject to the complete confiscation of his or her constitutional civil liberties and nearly never-ending incarceration in a military prison.”

And with a new bill now being introduced to make it a crime to protest in a way that disrupts any government process – or to get close to anyone with secret service protection – the push to legally lock down the United Police States is in full force.

Overstated? Let’s be clear: the NDAA grants the president the power to kidnap any American anywhere in the United States and hold him or her in prison forever without trial. The president’s own signing statement, incredibly, confirmed that he had that power. As I have been warning since 2006: there is not a country on the planet that you can name that has ever set in place a system of torture, and of detention without trial, for an “other”, supposedly external threat  that did not end up using it pretty quickly on its own citizens.

And Guantánamo has indeed come home: Guantánamo is in our front yards now and our workplaces; it did not even take much more than half a decade. On 1 March, the NDAA will go into effect – if a judicial hearing scheduled for this week does not block it – and no one in America, no US citizen, will be safe from being detained indefinitely – in effect,  “disappeared.”.

As former Reagan official, now Ron Paul supporter, Bruce Fein points out, on 1 March, we won’t just lose the bill of rights; we will lose due process altogether. We will be back at the place where we were, in terms of legal tradition, before the signing of the Magna Carta – when kings could throw people in prison at will, to rot there forever. If we had cared more about what was being done to brown people with Muslim names on a Cuban coastline, and raised our voices louder against their having been held without charge for years, or against their being tried in kangaroo courts called military tribunals, we might now be safer now from a new law mandating for us also the threat of abduction and fear of perpetual incarceration.

We didn’t care, or we didn’t care enough – and here we are. We acclimated, we got distracted, the Oscars were coming up … but the fake “battlefield” was brought home to us, now real enough. Though it is not “we” versus Muslims in this conflict; it is our very own government versus “us”. As one of my Facebook community members remarked bitterly, of our House representatives, our Senate leaders and our president, “They hate our freedoms.”

The NDAA is, in the words of Shahid Buttar of the Bill of Rights Defense Committee, “the worst threat to civil liberties since COINTELPRO. It gives the government the power to presume guilt rather than innocence, and indefinitely imprison anyone accused of a ‘belligerent act’ or terror-related offense without trial.” He points out that it gives future presidents the power to arrest their political critics. That may even be understating things: it is actually, in my view, the worst threat to civil liberty in the US since habeas corpus was last suspended, during the American civil war.

On a conference call for media last Friday, hosted by the cross-partisan BORDC (which now includes the 40,000 members of the American Freedom Campaign, which we had co-founded as a response to the warning in 2007 that America was facing a “fascist shift”) and the right-leaning Tenth Amendment Foundation, we were all speaking the same language of fear for our freedom, even though our perspectives spanned the political spectrum. As the Tenth Amendment Foundation put it, we are a family with diverse views – and families know when it is time to put aside their differences. If there were ever a time to do so, it is now. This grassroots effort is pushing hard in many places. Protests that included libertarians, progressives, Tea Party members and Occupy participants have been held nationwide in recent weeks. State legislators in Virginia, Tennessee, and Washington have also introduced bills to prevent state agencies from aiding in any detention operations that might be authorized by the NDAA. In other words, they are educating sheriffs and police to refuse to comply with the NDAA’s orders. This presents an Orwellian or 1776-type scenario, depending upon your point of view, in which the federal government, or even the president, might issue orders to detain US citizens – which local sheriffs and police would be legally bound to resist.

What will happen next? I wrote recently that the US is experiencing something like a civil war, with only one side at this point – the corporatist side – aggressing. This grassroots, local-leader movement represents a defensive strategy in what is being now tacitly recognized as unprovoked aggression against an entire nation, and an entire people. (Here I should say, mindful of the warning issued to me by NYPD, which arrested me, to avoid saying anything that could be construed as “incitement to riot” and that I believe in nonviolent resistance.)

The local resistance to the police state goes further: midwestern cities, such as Chicago and Minneapolis, are considering “torture-free city” resolutions that would prohibit the torture which civil libertarians see as likely under a military detention regime expanded by the NDAA. (Bradley Manning’s initial treatment in solitary confinement, for instance, met some Red Cross definitions of torture.)

But I am far more scared than hopeful, because nothing about the NDAA’s legislative passage worked as democracy is supposed to work. Senator Dianne Feinstein, for instance, in spite of her proposed (defeated) amendment that could have defended due process more completely, has nonetheless not fought to repeal the law – even though her constituents in California would, no doubt, overwhelmingly support her in doing so. Huge majorities passed this bill into law – despite the fact that Americans across the spectrum were appalled and besieging their legislators. And this president nailed it to the table – even though his own constituency is up in arms about it.

History shows that at this point, there isn’t much time to mount a defense: once the first few arrests take place, people go quiet. There is only one solution: organize votes loudly and publicly to defeat every single signer of this bill in November’s general election. Then, once we have our Republic back and the rule of law, we can deal with the actual treason that this law represents.

Why I’m Suing Barack Obama January 16, 2012

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

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

  by  Chris Hedges

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

© 2012 TruthDig

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Chris Hedges

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

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