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On Navy SEAL Slippers, Snow Globes and Christmas Tree Trinkets May 16, 2011

Posted by rogerhollander in Art, Literature and Culture, Humor.
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Roger’s note: I cannot wait for the Osama bin Laden bobble head.  Bullet holes included!!!

05.16.11 – 11:30 AM

by Abby Zimet

A mere two days after our sort of heroic Navy SEALS took down Osama Bin Laden, the Walt Disney Company, intrepid marketers of anything they can get their simplistic hands on, trademarked the name “Seal Team 6″ so they can forge ahead unimpeded making more stuff we don’t need from inappropriate sources. SEALS action figures soon.

The Targeted Assassination of Osama Bin Laden May 10, 2011

Posted by rogerhollander in Criminal Justice, War on Terror.
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                                                                                        NUREMBERG WAR CRIMES TRIBUNAL
 
 
Published on Tuesday, May 10, 2011 by CommonDreams.org

When he announced that Osama bin Laden had been killed by a Navy Seal team in Pakistan, President Barack Obama said, “Justice has been done.” Mr. Obama misused the word, “justice” when he made that statement. He should have said, “Retaliation has been accomplished.” A former professor of constitutional law should know the difference between those two concepts. The word “justice” implies an act of applying or upholding the law.

Targeted assassinations violate well-established principles of international law. Also called political assassinations, they are extrajudicial executions. These are unlawful and deliberate killings carried out by order of, or with the acquiescence of, a government, outside any judicial framework.

Extrajudicial executions are unlawful, even in armed conflict. In a 1998 report, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions noted that “extrajudicial executions can never be justified under any circumstances, not even in time of war.” The U.N. General Assembly and Human Rights Commission, as well as Amnesty International, have all condemned extrajudicial executions.

In spite of its illegality, the Obama administration frequently uses targeted assassinations to accomplish its goals. Five days after executing Osama bin Laden, Mr. Obama tried to bring “justice” to U.S. citizen Anwar al-Awlaki, who has not been charged with any crime in the United States. The unmanned drone attack in Yemen missed al-Awlaki and killed two people “believed to be al Qaeda militants,” according to a CBS/AP bulletin.

Two days before the Yemen attack, U.S. drones killed 15 people in Pakistan and wounded four. Since the March 17 drone attack that killed 44 people, also in Pakistan, there have been four drone strikes. In 2010, American drones carried out 111 strikes. The Human Rights Commission of Pakistan says that 957 civilians were killed in 2010.

The United States disavowed the use of extrajudicial killings under President Gerald Ford. After the Senate Select Committee on Intelligence disclosed in 1975 that the CIA had been involved in several murders or attempted murders of foreign leaders, President Ford issued an executive order banning assassinations. Every succeeding president until George W. Bush renewed that order. However, the Clinton administration targeted Osama bin Laden in Afghanistan, but narrowly missed him.

In July 2001, the U.S. Ambassador to Israel denounced Israel’s policy of targeted killings, or “preemptive operations.” He said “the United States government is very clearly on the record as against targeted assassinations. They are extrajudicial killings, and we do not support that.”

Yet after September 11, 2001, former White House press secretary Ari Fleischer invited the killing of Saddam Hussein: “The cost of one bullet, if the Iraqi people take it on themselves, is substantially less” than the cost of war. Shortly thereafter, Bush issued a secret directive, which authorized the CIA to target suspected terrorists for assassination when it would be impractical to capture them and when large-scale civilian casualties could be avoided.

In November 2002, Bush reportedly authorized the CIA to assassinate a suspected Al Qaeda leader in Yemen. He and five traveling companions were killed in the hit, which Deputy Defense Secretary Paul Wolfowitz described as a “very successful tactical operation.”

After the Holocaust, Winston Churchill wanted to execute the Nazi leaders without trials. But the U.S. government opposed the extrajudicial executions of Nazi officials who had committed genocide against millions of people. U.S. Supreme Court Justice Robert H. Jackson, who served as chief prosecutor at the Nuremberg War Crimes Tribunal, told President Harry Truman: “We could execute or otherwise punish [the Nazi leaders] without a hearing. But undiscriminating executions or punishments without definite findings of guilt, fairly arrived at, would … not set easily on the American conscience or be remembered by children with pride.”

Osama bin Laden and the “suspected militants” targeted in drone attacks should have been arrested and tried in U.S. courts or an international tribunal. Obama cannot serve as judge, jury and executioner. These assassinations are not only illegal; they create a dangerous precedent, which could be used to justify the targeted killings of U.S. leaders.

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Marjorie Cohn

Marjorie Cohn, a professor at Thomas Jefferson School of LGang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd).  Her anthology, The United States and Torture: Interrogation, Incarceration and Abuse, is now available. Her articles are archived at www.marjoriecohn.comaw and past President of the National Lawyers Guild, is the deputy secretary general for external communications of the International Association of Democratic Lawyers, and the U.S. representative to the executive committee of the American Association of Jurists..  She is the author of Cowboy Republic: Six Ways the Bush

The Massive Expansion of America’s “Hard Left” May 13, 2009

Posted by rogerhollander in Criminal Justice, Torture.
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by Glenn Greenwald



Jesse Ventura was on CNN with Larry King last night and this exchange occurred, illustrating how simple, clear and definitively non-partisan is the case for investigations and prosecutions for those who ordered torture (video below):



VENTURA:  I don’t watch much TV. This year’s reading, I covered Bush’s life. I covered Guantanamo and a few other subjects.


And I’m very disturbed about it.


I’m bothered over Guantanamo because it seems we’ve created our own Hanoi Hilton. We can live with that?  I have a problem.


I will criticize President Obama on this level; it’s a good thing I’m not president because I would prosecute every person that was involved in that torture. I would prosecute the people that did it. I would prosecute the people that ordered it. Because torture is against the law.


KING: You were a Navy SEAL.


VENTURA: That’s right. I was water boarded, so I know — at SERE School, Survival Escape Resistance Evasion. It was a required school you had to go to prior to going into the combat zone, which in my era was Vietnam. All of us had to go there. We were all, in essence — every one of us was waterboarded. It is torture.


KING: What was it like?


VENTURA:  It’s drowning. It gives you the complete sensation that you are drowning. It is no good, because you — I’ll put it to you this way, you give me a waterboard, Dick Cheney and one hour, and I’ll have him confess to the Sharon Tate murders.


Let’s just repeat that:  ”I would prosecute the people that ordered it. Because torture is against the law.”  That is the crux of the case for investigations and prosecutions.  That’s it.  Can anyone find a “liberal” or ideological argument anywhere in what Ventura said?  It’s about as far from a partisan or “leftist” idea as one can get.  Yet our establishment media has succeeded (as Digby recently argued) in converting this view into a “Hard Left,” “liberal” or “partisan” argument because that’s the only prism through which they can understand anything, and that’s their time-honored instrument for demonizing any idea that threatens their institutional prerogatives and orthodoxies (only the Hard Left favors this).


Ventura himself, like the argument he’s advocating, is also about as far from being a “leftist” or partisan as it gets.  He was elected Governor of Minnesota by running as the ultimate non-partisan, as a poorly-funded independent who defeated both the GOP and Democratic establishment candidates on a largely libertarian platform and on what he called “fiscal conservatism,” including large tax rebates.   Unlike the establishment-revering, prosecution-opposing pundits who are the true partisans — loyal spokespeople who fiercely defend Beltway culture and legal immunity for political elites above all else — Ventura is doing nothing more than expressing definitively independent and non-ideological political principles, ones that were quite obviously ingrained in him over the course of decades as an American and a veteran:  torture is wrong in all cases; it is illegal; and those who do it should therefore be prosecuted.


Former aide to Condoleezza Rice and former 9/11 Commission Executive Director Philip Zelikow yesterday became the latest to join Ventura by calling for investigations into torture, telling Laura Rozen:  ”When there is this kind of collective failure, we need to learn from what happened.”  Gen. Barry McCaffrey two weeks ago pointed out that numerous detainees were “murdered” in U.S. custody — which is unquestionably true — and called for criminal investigations of the top-level political officials who sanctioned torture.  Gen. Antonio Taguba previously stated that “there is no longer any doubt as to whether the current administration has committed war crimes.  The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”  Colin Powell’s former Chief of Staff, retired U.S. Army Col. Larry Wilkerson, this month endorsed both investigations and prosecutions for Bush officials who broke the law.  Bush 41 ambassador Thomas Pickering and Reagan-appointed FBI Director William Sessions wrote in The Washington Post that an independent investigation was a pre-requisite to moving beyond the torture era.  Ronald Reagan vehemently insisted that torture is inexcusable in all cases — no exceptions — and that those who do it must be prosecuted.


These are the people – Gen. McCaffrey, Gen. Taguba, Col. Wilkerson, Philip Zelikow, Jesse Ventura, Ambassador Pickering, Director Sessions — that our little David Ignatiuses deceitfully dismiss as “liberal score-settlers” and that our David Broders and Jon Barrys accuse of lying by masking their Hard Left thirst for partisan vengeance with false pretenses about a belief in the rule of law and contrived disgust at torture.   Our media stars have a script from which they mindlessly read — anyone who believes that political leaders should be held accountable for serious crimes must be a member of the ”Hard Left” when the lawbreaking political leaders in question are Republicans — and they recite it over and over no much how evidence piles up in front of their noses proving how untrue it is.


Our media stars accuse everyone with any actual beliefs — and especially any beliefs that deviate from Beltway establishment orthodoxy — of being motivated by ugly “partisan” impulses because that’s the only way they are capable of seeing the world.  It’s the ultimate act of projection.  That’s how the most non-ideological and non-partisan principles (e.g.: government leaders who commit serious crimes should be held accountable; torture is wrong; Presidents shouldn’t eavesdrop on Americans without warrants where the law makes doing so a felony) are transformed into partisan, “ideological” views of the Hard Left, even when they are plainly nothing of the sort.  As commenter DCLaw1 wrote in explaining the media’s sudden obsession this week with whether Nancy Pelosi was briefed on the CIA’s interrogation program even though that issue has been known for years:



I want to point out that the main reason, if not the only reason, for this overwhelming media view is because the only lens through which they can see this issue – like every issue – is the Republican/Democrat or conservative/liberal lens. When one’s entire point of reference for even issues of egregious lawbreaking goes no further than fixating obsessively over the identity of the people and parties to the “controversy” and the issue’s putative effect on partisan politics, whether a leader of one party was informed of the crimes of the other takes on a meaning perversely greater than the evil of the underlying conduct itself.


Our establishment media simply cannot get beyond this stultifyingly narrow framework. It is pathological. Additionally, this staunch avoidance of anything approaching a substantive assessment of the actual illegal conduct, in favor of a petty fixation on the partisan “helps or harms” game, helps only the “side” that has committed the crimes and wrongdoing. No wonder our discourse is so unbelievably misshapen.


Few things better illustrate how warped our political discourse is than the media’s claim that advocating investigations and prosecutions for political lawbreakers who commit serious crimes, who torture, who illegally spy on Americans with no warrants, is the province of partisans on the “Hard Left,” even when people who are as far away from that as possible prominently advocate exactly that.


* * * * *


Beltway mavens are eager to declare that the torture controversy is ending, but these crimes are far too significant to sweep under the rug, no matter how unified the political and media establishments are in that effort.  In addition to the Ventura interview and the Zelikow call for investigations yesterday, here are some headlines just from the last 24 hours:


Interrogation Probe Should Include Congressional Leaders, Hoyer Says


US lawmakers to hear from Bush ‘torture’ dissenter


Top US Democrat under fire over ‘torture’ briefings


US lawmaker: Public needs all facts on alleged torture


Ire Over a Columnist, an Author of Torture Memos


Speaker Under Fire on Torture (“With a series of torture investigations already in the works . . . the issue simply isn’t going away“).


It’s difficult to avoid the conclusion that the President’s apparent contemplation of reversing himself on whether to release 60 new photographs showing brutal American abuse of detainees (outside of Abu Ghraib) is part of an effort to tamp down what is still, quite obviously, the growing political pressure not to simply “move beyond” the serious crimes that were committed.


* * * * *


The call for prosecutions from the newest member of America’s rapidly growing Hard Left:



 


 




Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “

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