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Report: Senate Report on CIA Will Sidestep Look at Bush ‘Torture Team’ October 19, 2014

Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Dick Cheney, George W. Bush, Human Rights, Torture, War on Terror.
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Roger’s note: The United States government and military violate international law on a daily basis; the Bush/Cheney torture regime, which Obama has outsourced to Bagram and god knows where else, is one of its most blatant manifestations.  Obama’s “we need to look forward not backward” excuse for violating his oath to defend the constitution does credit to Lewis Carroll and Franz Kafka.  The next time you are before a judge accused of a crime, please remind her that it is time to look forward and not backward.  Your charges are sure to be dropped.

 

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According to sources who spoke with McClatchy, five-year inquiry into agency’s torture regime ignores key role played by Bush administration officials who authorized the abuse

 rumsfeld_bush_cheneyFrom left: Donald Rumsfeld, George W. Bush, and Dick Cheney. Thanks to an Obama adminstration that insisted on “looking forward, not backward” on torture, and a Senate investigation that has limited its scope to the mere “action or inactions” of the CIA, neither these men nor the others who helped authorize the torture program will likely ever face prosecution for what experts say were clear violations of domestic and international law. (Photo: Wikimedia/Public domain)

According to new reporting by McClatchy, the five-year investigation led by the U.S. Senate Intelligence Committee into the torture program conducted by the CIA in the aftermath of September 11, 2001 will largely ignore the role played by high-level Bush administration officials, including those on the White House legal team who penned memos that ultimately paved the way for the torture’s authorization.

Though President Obama has repeatedly been criticized for not conducting or allowing a full review of the torture that occured during his predecessor’s tenure, the Senate report—which has been completed, but not released—has repeatedly been cited by lawmakers and the White House as the definitive examination of those policies and practices. According to those with knowledge of the report who spoke with McClatchy, however, the review has quite definite limitations.

The report, one person who was not authorized to discuss it told McClatchy, “does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law.” Instead, the focus is on the actions and inations of the CIA and whether or not they fully informed Congress about those activities. “It’s not about the president,” the person said. “It’s not about criminal liability.”

Responding to comment on the reporting, legal experts and critics of the Bush torture program expressed disappointment that high-level officials in the administration were not part of the review. In addition to the president himself, Vice President Dick Cheney, National Security Advisor Condoleeza Rice and Secretary of Defense Donald Rumsfeld, others considered part of what it sometimes referred to as the “Torture Team,” include: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who wrote many of the specific legal memos authorizing specific forms of abuse.

“If it’s the case that the report doesn’t really delve into the White House role, then that’s a pretty serious indictment of the report,” Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School, said to McClatchy. “Ideally it should come to some sort of conclusions on whether there were legal violations and if so, who was responsible.”

And Kenneth Roth, executive director of Human Rights Watch, indicated that limiting the report to just the actions of the CIA doesn’t make much sense from a legal or investigative standpoint. “It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction. It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

As Mclatchy‘s Jonathan S. Landay, Ali Watkins and Marisa Taylor report:

The narrow parameters of the inquiry apparently were structured to secure the support of the committee’s minority Republicans. But the Republicans withdrew only months into the inquiry, and several experts said that the parameters were sufficiently flexible to have allowed an examination of the roles Bush, Cheney and other top administration officials played in a top-secret program that could only have been ordered by the president.

“It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction,” said Kenneth Roth, executive director of Human Rights Watch. “It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

It’s not as if there wasn’t evidence that Bush and his top national security lieutenants were directly involved in the program’s creation and operation.

The Senate Armed Services Committee concluded in a 2008 report on detainee mistreatment by the Defense Department that Bush opened the way in February 2002 by denying al Qaida and Taliban detainees the protection of an international ban against torture.

White House officials also participated in discussions and reviewed specific CIA interrogation techniques in 2002 and 2003, the public version of the Senate Armed Services Committee report concluded.

Several unofficial accounts published as far back as 2008 offered greater detail.

Cheney and Defense Secretary Donald Rumsfeld relentlessly pressured interrogators to subject detainees to harsh interrogation methods in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein, McClatchy reported in April 2009. Such evidence, which was non-existent, would have substantiated one of Bush’s main arguments for invading Iraq in 2003.

Other accounts described how Cheney, Rumsfeld, National Security Adviser Condoleezza Rice, Attorney General John Ashcroft, and Secretary of State Colin Powell approved specific harsh interrogation techniques. George Tenet, then the CIA director, also reportedly updated them on the results.

“Why are we talking about this in the White House? History will not judge this kindly,” Ashcroft said after one of dozens of meetings on the program, ABC News reported in April 2008 in a story about the White House’s direct oversight of interrogations.

News reports also chronicled the involvement of top White House and Justice Department officials in fashioning a legal rationale giving Bush the authority to override U.S. and international laws prohibiting torture. They also helped craft opinions that effectively legalized the CIA’s use of waterboarding, wall-slamming and sleep deprivation.

Though President Obama casually admitted earlier this, “We tortured some folks.” — what most critics and human rights experts have requested is an open and unbiased review of the full spectrum of the U.S. torture program under President Bush. And though increasingly unlikely, calls remain for those responsible for authorizing and conducting the abuse to be held accountable with indictments, trials, and if guilty, jail sentences. In addition, as a letter earlier this year signed by ten victims of the extrajudicial rendition under the Bush administration stated, the concept of full disclosure and accountability is key to restoring the credibility of the nation when it comes to human rights abuses:

Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.

These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.

As McClatchy notes, a redacted version of the report’s summary—the only part of it expected to be released to the public—continues to be under review. Its release date remains unclear.

Obama Gives Bush “Absolute Immunity” For Everything August 27, 2013

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.
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by Abby Zimet

Days before Bradley – now Chelsea – Manning was sentenced to 35 years in prison for helping expose U.S. war crimes in Iraq, the Obama Department of Justice filed a petition in federal court arguing that the perpetrators of those crimes - Bush, Cheney, Rumsfeld et al – enjoy “absolute immunity” against criminal charges or civil liability. The filing came in a suit brought by Sundus Shaker Saleh, an Iraqi single mother and refugee now living in Jordan, who alleges that the planning and waging of the Iraq war under false pretenses constituted a “crime of aggression” under a law used in the Nuremberg trials. With neither Congress nor Obama willing to hold Bush & Co. accountable for the Iraq catastrophe, supporters see the suit as a last-chance tactic to force the issue back into the public eye – an effort the Obama adminstration clearly opposes. More, all dispiriting, on the increasingly flawed Bush-Obama-lesser-of-two-evils thesis, and the current culture of impunity.

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Edward Snowden: What I Have Done Is Costly, But It Was the Right Thing To Do July 12, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, Whistle-blowing.
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Roger’s note: what can one say about the Obama US government’s reactions to Snowden and his disclosures?  The panicky reflexes of a dying empire?  Question: should Snowden be flying into exile from Russia, is Obama capable of ordering his plane shot down?  Nothing anymore will surprise me.

 

 

NSA Whistleblower asks for support from international community and human rights campaigners

 

Edward Snowden along with Sarah Harrison of WikiLeaks (left) at a meeting with human rights campaigners in Sheremetyevo airport in Moscow today where he released the following statement. (Photograph: Tanya Lokshina/Human Rights Watch)

Hello. My name is Ed Snowden. A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates.

It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice – that it must be seen to be done. The immoral cannot be made moral through the use of secret law.

I believe in the principle declared at Nuremberg in 1945: “Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring.”

Accordingly, I did what I believed right and began a campaign to correct this wrongdoing. I did not seek to enrich myself. I did not seek to sell US secrets. I did not partner with any foreign government to guarantee my safety. Instead, I took what I knew to the public, so what affects all of us can be discussed by all of us in the light of day, and I asked the world for justice.

That moral decision to tell the public about spying that affects all of us has been costly, but it was the right thing to do and I have no regrets.

Since that time, the government and intelligence services of the United States of America have attempted to make an example of me, a warning to all others who might speak out as I have. I have been made stateless and hounded for my act of political expression. The United States Government has placed me on no-fly lists. It demanded Hong Kong return me outside of the framework of its laws, in direct violation of the principle of non-refoulement – the Law of Nations. It has threatened with sanctions countries who would stand up for my human rights and the UN asylum system. It has even taken the unprecedented step of ordering military allies to ground a Latin American president’s plane in search for a political refugee. These dangerous escalations represent a threat not just to the dignity of Latin America, but to the basic rights shared by every person, every nation, to live free from persecution, and to seek and enjoy asylum.

Yet even in the face of this historically disproportionate aggression, countries around the world have offered support and asylum. These nations, including Russia, Venezuela, Bolivia, Nicaragua, and Ecuador have my gratitude and respect for being the first to stand against human rights violations carried out by the powerful rather than the powerless. By refusing to compromise their principles in the face of intimidation, they have earned the respect of the world. It is my intention to travel to each of these countries to extend my personal thanks to their people and leaders.

I announce today my formal acceptance of all offers of support or asylum I have been extended and all others that may be offered in the future. With, for example, the grant of asylum provided by Venezuela’s President Maduro, my asylee status is now formal, and no state has a basis by which to limit or interfere with my right to enjoy that asylum. As we have seen, however, some governments in Western European and North American states have demonstrated a willingness to act outside the law, and this behavior persists today. This unlawful threat makes it impossible for me to travel to Latin America and enjoy the asylum granted there in accordance with our shared rights.

This willingness by powerful states to act extra-legally represents a threat to all of us, and must not be allowed to succeed. Accordingly, I ask for your assistance in requesting guarantees of safe passage from the relevant nations in securing my travel to Latin America, as well as requesting asylum in Russia until such time as these states accede to law and my legal travel is permitted. I will be submitting my request to Russia today, and hope it will be accepted favorably.

If you have any questions, I will answer what I can.

Thank you.

Edward Snowden

Whistleblower Edward Joseph Snowden is a US former technical contractor for the National Security Agency (NSA) and Central Intelligence Agency (CIA) employee who leaked details of top-secret US and British government mass surveillance programs to the press.

‘Time for a Reckoning': UN Investigator says US/UK Must Account for Torture, Human Rights Violation March 5, 2013

Posted by rogerhollander in Barack Obama, Dick Cheney, George W. Bush, Human Rights, Torture, Uncategorized, War on Terror.
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Roger’s note: “Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.”  The mind boggles at this statement, which was the classic Nazi defense  (not to mention the classic “Nixon Defense:” if the president does it, it is legal).  It is as if Nuremberg never happened.  
Published on Tuesday, March 5, 2013 by Common Dreams

‘Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow,’ says Ben Emmerson’

- Jon Queally, staff writer

If the US and UK governments truly want to rebuke the role that kidnapping, torture and prolonged detention without trial played—and in some cases continues to play—in their declared “war against terrorism” than they must go beyond words and release the still disclosed internal reports that document such abuses.

Ben Emmerson: failure to release intelligence reports shows seeming unwillingness by UK and US to face up to international crimes. Photograph: Sarah Lee for the Guardian

That’s the argument of Ben Emmerson, the UN special rapporteur on the promotion and protection of human rights while countering terrorism, who spoke out on Monday against the secrecy and denial that persists within both governments.

Perpetrators and architects of such programs should be held accountable and face justice, he declared in both an official report and in a speech delivered Monday.

“Despite this clear repudiation of the unlawful actions carried out by the Bush-era CIA, many of the facts remain classified, and no public official has so far been brought to justice in the United States,” Emmerson writes in the report written for the the U.N. Human Rights Council, which he will present Tuesday.

Prefacing the report in Geneva on Monday, Emmerson criticized “a policy of de facto immunity for public officials who engaged in acts of torture, rendition and secret detention, and their superiors and political masters who authorized these acts.”

Citing the hypocrisy of such secrecy and the damage done to the reputation of both countries abroad, Emmerson continued:

“Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow to many in those parts of the Middle East and North Africa that have undergone, or are undergoing, major upheaval, since they have first-hand experience of living under repressive regimes that used torture in private whilst making similar statements in public.”

“The scepticism of these communities can only be reinforced if western governments continue to demonstrate resolute indifference to the crimes committed by their predecessor administrations.”

Shortly before the speech in Geneva, Emmerson told the Guardian it was time for “a reckoning with the past”. He added:

“In South America it took up to 30 years before the officials responsible for crimes like these were held fully accountable. With the conspiracy organised by ther Bush-era CIA it has taken a decade, but the campaign for securing the right to truth has now reached a critical point.

“The British and American governments are sitting on reports that reveal the extent of the involvement of former governments in these crimes. If William Hague is serious about pursuing a policy of ethical counter-terrorism, as he says he is, then the first thing the British government needs to do is to release the interim report of the Gibson Inquiry immediately.”

And Reuters adds:

Emmerson, an international lawyer from Britain, has served since August 2011 in the independent post set up by the U.N. Human Rights Council in 2005 to probe human rights violations committed during counter-terrorism operations worldwide.

The “war on terror” waged by Bush after al Qaeda attacks on the United States on September 11, 2001 led to “gross or systematic” violations involving secret prisons for Islamic militant suspects, clandestine transfers and torture, Emmerson said.

Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.

But Emmerson said that using a “superior orders defense” and invoking secrecy on national security grounds was “perpetuating impunity for the public officials implicated in these crimes”.

American MilitarismThreatening To Set Off World War III December 12, 2012

Posted by rogerhollander in Genocide, History, Imperialism, War.
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by Professor Francis A. Boyle

Wed, 12/12/2012, www.blackagendareport.org

The following is the text of a speech delivered by Professor Francis A. Boyle at the Puerto Rican Summit Conference on Human Rights, University of the Sacred Heart, San Juan, Puerto Rico, December 9, 2012.

The serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.”

Historically this latest eruption of American militarism at the start of the 21st Century is akin to that of America opening the 20th Century by means of the U.S.-instigated Spanish-American War in 1898. Then the Republican administration of President William McKinley stole their colonial empire from Spain in Cuba, Puerto Rico, Guam, and the Philippines; inflicted a near genocidal war against the Filipino people; while at the same time illegally annexing the Kingdom of Hawaii and subjecting the Native Hawaiian people (who call themselves the Kanaka Maoli) to near genocidal conditions. Additionally, McKinley’s military and colonial expansion into the Pacific was also designed to secure America’s economic exploitation of China pursuant to the euphemistic rubric of the “open door” policy. But over the next four decades America’s aggressive presence, policies, and practices in the so-called “Pacific” Ocean would ineluctably pave the way for Japan’s attack at Pearl Harbor on Dec. 7, 194l, and thus America’s precipitation into the ongoing Second World War. Today a century later the serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.

By shamelessly exploiting the terrible tragedy of 11 September 2001, the Bush Junior administration set forth to steal a hydrocarbon empire from the Muslim states and peoples living in Central Asia and the Middle East and Africa under the bogus pretexts of (1) fighting a war against “international terrorism” or “Islamic fundamentalism”; and/or (2) eliminating weapons of mass destruction; and/or (3) the promotion of democracy; and/or (4) self-styled humanitarian intervention/responsibility to protect (R2P). Only this time the geopolitical stakes are infinitely greater than they were a century ago: control and domination of the world’s hydrocarbon resources and thus the very fundaments and energizers of the global economic system – oil and gas. The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America (e.g., the Pentagon’s reactivization of the U.S. Fourth Fleet in 2008), and Southeast Asia for further conquest or domination, together with the strategic choke-points at sea and on land required for their transportation. Today the U.S. Fourth Fleet threatens Cuba, Venezuela, and Ecuador for sure.

Toward accomplishing that first objective, in 2007 the neoconservative Bush Junior administration announced the establishment of the U.S. Pentagon’s Africa Command (AFRICOM) in order to better control, dominate, steal, and exploit both the natural resources and the variegated peoples of the continent of Africa, the very cradle of our human species. In 2011 Libya then proved to be the first victim of AFRICOM under the neoliberal Obama administration, thus demonstrating the truly bi-partisan and non-partisan nature of U.S. imperial foreign policy decision-making. Let us put aside as beyond the scope of this paper the American conquest, extermination, and ethnic cleansing of the Indians from off the face of the continent of North America. Since America’s instigation of the Spanish-American War in 1898, U.S. foreign policy decision-making has been alternatively conducted by reactionary imperialists, conservative imperialists, and liberal imperialists for the past 115 years and counting.

The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America and Southeast Asia.”

This world-girdling burst of U.S. imperialism at the start of humankind’s new millennium is what my teacher, mentor, and friend the late, great Professor Hans Morgenthau denominated “unlimited imperialism” in his seminal book Politics Among Nations 52-53 (4th ed. 1968): The outstanding historic examples of unlimited imperialism are the expansionist policies of Alexander the Great, Rome, the Arabs in the seventh and eighth centuries, Napoleon I, and Hitler. They all have in common an urge toward expansion which knows no rational limits, feeds on its own successes and, if not stopped by a superior force, will go on to the confines of the political world. This urge will not be satisfied so long as there remains anywhere a possible object of domination–a politically organized group of men which by its very independence challenges the conqueror’s lust for power. It is, as we shall see, exactly the lack of moderation, the aspiration to conquer all that lends itself to conquest, characteristic of unlimited imperialism, which in the past has been the undoing of the imperialistic policies of this kind….

The factual circumstances surrounding the outbreaks of both the First World War and the Second World War currently hover like the Sword of Damocles over the heads of all humanity.

Since September 11, 2001, it is the Unlimited Imperialists à la Alexander, Napoleon, and Hitler who have been in charge of conducting American foreign policy decision-making. After September 11, 2001 the people of the world have witnessed successive governments in the United States that have demonstrated little respect for fundamental considerations of international law, human rights, or the United States Constitution. Instead, the world has watched a comprehensive and malicious assault upon the integrity of the international and domestic legal orders by groups of men and women who are thoroughly Hobbist and Machiavellian in their perception of international relations and in their conduct of both foreign affairs and American domestic policy. Even more seriously, in many instances specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law, and in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, as well as the Pentagon’s own U.S. Army Field Manual 27-10 on The Law of Land Warfare, which applies to the President himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.

Specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law.”

Depending on the substantive issues involved, these international and domestic crimes typically include but are not limited to the Nuremberg offences of “crimes against peace”—e.g., Libya, Afghanistan, Iraq, Somalia, Yemen, Pakistan, Syria, and perhaps their longstanding threatened war of aggression against Iran. Their criminal responsibility also concerns “crimes against humanity” and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and the 1907 Hague Regulations on land warfare: torture, enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, “shock and awe,” depleted uranium, white phosphorous, cluster bombs, drone strikes, etc. Furthermore, various officials of the United States government have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as U.S. Army Field Manual 27-10 (1956) are international crimes in their own right: planning, and preparation, solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting. Of course the terrible irony of today’s situation is that over six decades ago at Nuremberg the U.S. government participated in the prosecution, punishment, and execution of Nazi government officials for committing some of the same types of heinous international crimes that these officials of the United States government currently inflict upon people all over the world. To be sure, I personally oppose the imposition of capital punishment upon any human being for any reason no matter how monstrous their crimes, whether they be Saddam Hussein, Bush Junior, Tony Blair, or Barack Obama.

According to basic principles of international criminal law set forth in paragraph 501 of U.S. Army Field Manual 27-10, all high level civilian officials and military officers in the U.S. government who either knew or should have known that soldiers or civilians under their control (such as the C.I.A. or mercenary contractors), committed or were about to commit international crimes and failed to take the measures necessary to stop them, or to punish them, or both, are likewise personally responsible for the commission of international crimes. This category of officialdom who actually knew or should have known of the commission of these international crimes under their jurisdiction and failed to do anything about them include at the very top of America’s criminal chain-of-command the President, the Vice-President, the U.S. Secretary of Defense, Secretary of State, Director of National Intelligence, the C.I.A. Director, National Security Advisor and the Pentagon’s Joint Chiefs of Staff along with the appropriate Regional Commanders-in-Chiefs, especially for U.S. Central Command (CENTCOM).

These U.S. government officials and their immediate subordinates are responsible for the commission of crimes against peace, crimes against humanity, and war crimes as specified by the Nuremberg Charter, Judgment, and Principles as well as by U.S. Army Field Manual 27-10 of 1956. Today in international legal terms, the United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, because of its formulation and undertaking of serial wars of aggression, crimes against peace, crimes against humanity, and war crimes that are legally akin to those perpetrated by the former Nazi regime in Germany. As a consequence, American citizens possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by U.S. government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.

The United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles.”

For that very reason, large numbers of American citizens have decided to act on their own cognizance by means of civil resistance in order to demand that the U.S. government adhere to basic principles of international law, of U.S. domestic law, and of the U.S. Constitution in its conduct of foreign affairs and military operations. Mistakenly, however, such actions have been defined to constitute classic instances of “civil disobedience” as historically practiced in the United States. And the conventional status quo admonition by the U.S. power elite and its sycophantic news media for those who knowingly engage in “civil disobedience” has always been that they must meekly accept their punishment for having performed a prima facie breach of the positive laws as a demonstration of their good faith and moral commitment. Nothing could be further from the truth! Today’s civil resisters are the sheriffs! The U.S. government officials are the outlaws!

Here I would like to suggest a different way of thinking about civil resistance activities that are specifically designed to thwart, prevent, or impede ongoing criminal activity by officials of the U.S. government under well recognized principles of international and U.S. domestic law. Such civil resistance activities represent the last constitutional avenue open to the American people to preserve their democratic form of government with its historical commitment to the rule of law and human rights. Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence in Africa, the Middle East, Southwest Asia, military interventionism into Latin America, and nuclear confrontation with Iran, Pakistan, North Korea, Russia, and China.

Such measures of “civil resistance” must not be confused with, and indeed must be carefully distinguished from, acts of “civil disobedience” as traditionally defined. In today’s civil resistance cases, what we witness are American citizens attempting to prevent the ongoing commission of international and domestic crimes under well-recognized principles of international law and U.S. domestic law. This is a phenomenon essentially different from the classic civil disobedience cases of the 1950s and 1960s where incredibly courageous African Americans and their supporters were conscientiously violating domestic laws for the express purpose of changing them. By contrast, today’s civil resisters are acting for the express purpose of upholding the rule of law, the U.S. Constitution, human rights, and international law. Applying the term “civil disobedience” to such civil resistors mistakenly presumes their guilt and thus perversely exonerates the U.S. government criminals.

Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence.”

Civil resistors disobeyed nothing, but to the contrary obeyed international law and the United States Constitution. By contrast, U.S. government officials disobeyed fundamental principles of international law as well as U.S. criminal law and thus committed international crimes and U.S. domestic crimes as well as impeachable violations of the United States Constitution. The civil resistors are the sheriffs enforcing international law, U.S. criminal law and the U.S. Constitution against the criminals working for the U.S. government!

Today the American people must reaffirm their commitment to the Nuremberg Charter, Judgment, and Principles by holding their government officials fully accountable under international law and U.S. domestic law for the commission of such grievous international and domestic crimes. They must not permit any aspect of their foreign affairs and defense policies to be conducted by acknowledged “war criminals” according to the U.S. government’s own official definition of that term as set forth in U.S. Army Field Manual 27-10 (1956), the U.S. War Crimes Act, and the Geneva Conventions. The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all U.S. government officials guilty of such heinous international and domestic crimes. That is precisely what American civil resisters are doing today!

This same right of civil resistance extends pari passu to all citizens of the world community of states. Everyone around the world has both the right and the duty under international law to resist ongoing criminal activities perpetrated by the U.S. government and its nefarious foreign accomplices in allied governments such as Britain, the other NATO states, Australia, Japan, South Korea, Georgia, Puerto Rico, etc. If not so restrained, the U.S. government could very well precipitate a Third World War. Here in Puerto Rico we saw the stunning example of the most courageous civil resistors against Yankee Imperialism on Vieques.

The future of American foreign policy and the peace of the world lie in the hands of American citizens and the peoples of the world—not the bureaucrats, legislators, judges, lobbyist, think-tanks, professors, and self-styled experts who inhibit Washington, D.C., New York City, and Cambridge, Massachusetts. Civil resistance is the way to go! This is our Nuremberg Moment now!

Thank you.

Francis A. Boyle teaches law at the University of Illinois. He is a graduate of the University of Chicago and Harvard Law School. He has advised numerous international bodies in the areas of human rights, war crimes, genocide, nuclear policy, and bio warfare. He received a PHD in political science from Harvard
University.

War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
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Published on Sunday, May 13, 2012 by Common Dreams

 

Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims

- Common Dreams staff

Former US President George W Bush, his Vice-President Dick Cheney and six other members of his administration have been found guilty of war crimes by a tribunal in Malaysia.

Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (center) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. (Photo/Hasriyasyah Sabudin) Bush, Cheney, Defense Secretary Donald Rumsfeld and five of their legal advisers were tried in their absence and convicted on Saturday.

Victims of torture told a panel of five judges in Kuala Lumpur of their suffering at the hands of US soldiers and contractors in Iraq and Afghanistan.

Among the evidence, Briton Moazzam Begg, an ex-Guantanamo detainee, said he was beaten, put in a hood and left in solitary confinement. Iraqi woman Jameelah Abbas Hameedi said she was stripped and humiliated in the notorious Abu Ghraib prison.

Transcripts of the five-day trial will be sent to the chief prosecutor at the International Criminal Court, the United Nations and the Security Council.

A member of the prosecution team, Professor Francis Boyle of Illinois University’s College of Law, said he was hopeful that Bush and his colleagues could soon find themselves facing similar trials elsewhere in the world.

The eight accused are Bush; former US Vice President Richard Cheney; former US Defense secretary Donald Rumsfeld; former Counsel to Bush, Alberto Gonzales; former General Counsel to the Vice President, David Addington; former General Counsel to the Defense Secretary, William Haynes II; former Assistant Attorney General Jay Bybee and former Deputy Assistant Attorney General John Yoo.

Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter. “The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”

* * *

The Star (Kuala Lumpur, Malaysia) reports:

Bush Found Guilty of War Crimes

KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.

However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.

“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Crimi­na­lize War yesterday.

He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.

The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.

On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.

Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.

* * *

The Malaysia Sun reports:

[...] In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.

Former Malaysian Premier Mahatir Mohamad said of Bush and others: “These are basically murderers and they kill on large scale.”Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.

Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.

One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.

A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.

He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions… A redundant, possibly a dangerous, and certainly corrupted organization.”

Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”

It was the second so-called war crimes tribunal in Malaysia.

The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.

April 4, 2012

Posted by rogerhollander in George W. Bush, Torture.
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Wednesday, Apr 4, 2012 11:45 AM 11:54:33 EST, www.salon.com

Thought to have been lost, a document advising the Bush administration against torture has resurfaced

By Jordan Michael Smith

George W. Bush in 2006

George W. Bush in 2006  (Credit: AP/Ron Edmonds)

In February of 2006, Philip Zelikow, Counselor to Secretary of State Condoleezza Rice, authored a memo opposing the Bush administration’s torture practices (though he employed the infamous obfuscation of “enhanced interrogation techniques”). The White House tried to collect and destroy all copies of the memo, but one survived in the State Department’s bowels and was declassified yesterday in response to a Freedom of Information Act request by the National Security Archive.

The memo argues that the Convention Against Torture, and the Constitution’s prohibitions against cruel and unusual punishment, do indeed apply to the CIA’s use of “waterboard[ing], walling, dousing, stress positions, and cramped confinement.” Zelikow further wrote in the memo that “we are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here, even when the prisoners were presumed to be unlawful combatants.” According to the memo, the techniques are legally prohibited, even if there is a compelling state interest to justify them, since they should be considered cruel and unusual punishment and “shock the conscience.”

Chillingly, the memo notes that “corrective techniques, such as slaps,” may be legally sustained, as might be “[C]ontrol conditions, such as nudity, sleep deprivation, and liquid diets…depending on the circumstances and details of how these techniques are used.” However much distress Zelikow’s memo caused the White House, it was not an ACLU briefing paper.

“I’m pleased the memo is now part of the historical record and available for study,” Zelikow wrote Salon in an email. The White House had determined that the memo — which was not binding since Zelikow’s was a bureaucratic position without legal authority — was too dangerous to exist. “I later heard the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed,” he said in a May 2009 Congressional hearing.

At that hearing, before the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, Zelikow said he had “no view on whether former officials should be prosecuted,” a decision he thinks should be left to “institutions.” However, he did call for a thorough inquiry and a public report examining how the U.S. came to employ torture.

Of course, no such inquiry was ever launched. The Obama administration declined to revisit the U.S. employment of torture, with the president saying he didn’t want to “look back.” Zelikow believes this was a mistake. “I still believe an inquiry would be useful, though less so as time passes and more information becomes available, especially after the 9/11 trials conclude, hopefully this year,” he says in an email.

During his Congressional testimony, Zelikow declined to say whether Department of Justice lawyers acted improperly or immorally, conceding only that their opinions were “unsound, even unreasonable.” But in a 2007 lecture in Houston, he had no problem saying “the cool, carefully considered, methodical, prolonged, and repeated subjection of captives to physical torment, and the accompanying psychological terror, is immoral.”

The importance of the memo lies in its revelation that there was real, serious debate inside the Bush administration about how to interrogate captured terrorist suspects. The members of the White House declined to enter that debate — indeed, they did their best to squash it. The destruction of Zelikow’s carefully reasoned memo suggests the White House did not want any record of alternative views even existing, lest they be considered reasonable or people get the idea that the torture policies were thought controversial even by members of the administration.

Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.  More Jordan Michael Smith

The Crime of Truth: Obama’s Persecution of the Peacemaker March 11, 2012

Posted by rogerhollander in Barack Obama, Criminal Justice, War.
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(about the author)

opednews.com

If any one person can be said to have ended the direct involvement of the United States military in Iraq, it is not the man whose champions  claim this deed as one of his glorious accomplishments: Barack Obama. As we all know (and 99 percent of us have forgotten), Obama fought  doggedly to extend the murderous occupation of Iraq into the indefinite  future.
No, if you had to choose one person whose actions were  the most instrumental in ending the overt phase of the war, it would not the commander-in-chief of the most powerful war machine in world  history, but a lowly foot-soldier — mocked, shackled, tortured,  defenseless — Bradley Manning

William Blum points this out in his latest “Anti-Empire Report,” as he recaps the impact of the revelations made by Manning and  Wikileaks. He begins by noting a painful irony: Manning’s own defense  team is playing down the heroic nature of this act and instead insisting that such a “sexually troubled” young man should never have been sent  to the homophobic environment of the American occupation force in the  first place. He was under too much stress, acting irrationally, they  say, and thus should not be held accountable for his actions.

 

As Blum  notes, this defense — though doubtless well-intentioned, a desperate  bid to keep Obama’s massive war machine from crushing Manning completely under its wheels — partakes of the same deceitful twisting of reality  that has characterized the entire war crime from the beginning. Blum:

“It’s unfortunate and disturbing that  Bradley Manning’s attorneys have chosen to consistently base his legal  defense upon the premise that personal problems and shortcomings are  what motivated the young man to turn over hundreds of thousands of  classified government files to Wikileaks. They should not be presenting  him that way any more than Bradley should be tried as a criminal or  traitor. He should be hailed as a national hero. Yes, even when the  lawyers are talking to the military mind. May as well try to penetrate  that mind and find the freest and best person living there. Bradley also wears a military uniform.

“Here are Manning’s own words from an  online chat: ‘If you had free reign over classified networks … and you saw incredible things, awful things … things that belonged in the  public domain, and not on some server stored in a dark room in  Washington DC … what would you do? … God knows what happens now.  Hopefully worldwide discussion, debates, and reforms. … I want people  to see the truth … because without information, you cannot make  informed decisions as a public.’
Is the world to believe that  these are the words of a disturbed and irrational person? Do not the  Nuremberg Tribunal and the Geneva Conventions speak of a higher duty  than blind loyalty to one’s government, a duty to report the war crimes  of that government?”

Every scrap of evidence presented about Manning’s alleged crimes  makes it clear that he was acting from rational, well-considered  motives, based on the highest ideals. Indeed, wasn’t Manning simply  following the words of Jesus Christ — words carved in stone, with the  most bitter irony, in the entranceway of the original headquarters of  the CIA: “And ye shall know the truth and the truth shall make you  free.”
In any case, as Blum points out, the effects of Manning’s actions were far-reaching:

“It was after seeing American war crimes  such as those depicted in the video ‘Collateral Murder’ and documented  in the ‘Iraq War Logs,’ made public by Manning and Wikileaks, that the  Iraqis refused to exempt US forces from prosecution for future crimes.  The video depicts an American helicopter indiscriminately murdering  several non-combatants in addition to two Reuters journalists, and the  wounding of two little children, while the helicopter pilots cheer the  attacks in a Baghdad suburb like it was the Army-Navy game in  Philadelphia.
“The insistence of the Iraqi government on legal  jurisdiction over American soldiers for violations of Iraqi law —  something the United States rarely, if ever, accepts in any of the many  countries where its military is stationed — forced the Obama  administration to pull the remaining American troops from the country.
“If Manning had committed war crimes in Iraq instead of exposing them, he would be a free man today …”

But he is not a free man, of course. It is very likely that he will  never be free again. He will spend the rest of his life in a federal  prison for the unforgivable crime of telling the truth to people who  don’t want to hear it.

 
NOTE: A tribute to Bradley and his fellow truth-tellers can be found here: The Good Corporal: To the Exposers of Power and the Troublers of Dreams.

 

This one goes out to Bradley Manning, Julian Assange, Daniel Ellsberg, Sibel Edmonds, and “all those who speak the hard truth to the state.”

 

The Good Corporal

Good corporal, good corporal, now what have you done?

You’ve laid out the dead in the light of the sun.

 You’ve opened the door where the dark deeds go on,

Where the fine words of freedom are broken like bones.

Good corporal, good corporal, you tell us of crime

Done in the name of your country and mine.

Of torture and murder, corruption and lies,

In a land where no echo will carry the cries.

Good corporal, good corporal, now who do we blame

For the horrors you bring us, for this undying shame?

Should we lay all the guilt on the grunts with no name,

Or the high and the mighty who rigged up this game?
Good corporal, good corporal, don’t you know the fate

Of all those who speak the hard truth to the State

And all who trouble the people’s sweet dreams?

They’re mocked into scorn and torn apart at the seams.

Good corporal, good corporal, what have you done?

You’ve laid out the dead in the light of the sun.

  © 2010 by Chris Floyd

Chris Floyd is an American journalist. His work has appeared in print and online in venues all over the world, including The Nation, Counterpunch, Columbia Journalism Review, the Christian Science Monitor, Il Manifesto, the Moscow Times and many (more…)

The Anti-Empire Report

March 5th, 2012   by William Blum www.killinghope.org

The Saga of Bradley Manning, Julian Assange, and Wikileaks, to be put to ballad and film

“Defense lawyers say Manning was clearly a troubled young soldier whom the Army should never have deployed to Iraq or given access to classified material while he was stationed there … They say he was in emotional turmoil, partly because he was a gay soldier at a time when homosexuals were barred from serving openly in the U.S. armed forces.” (Associated Press, February 3)

It’s unfortunate and disturbing that Bradley Manning’s attorneys have chosen to consistently base his legal defense upon the premise that personal problems and shortcomings are what motivated the young man to turn over hundreds of thousands of classified government files to Wikileaks.  They should not be presenting him that way any more than Bradley should be tried as a criminal or traitor.  He should be hailed as a national hero.  Yes, even when the lawyers are talking to the military mind.  May as well try to penetrate that mind and find the freest and best person living there.  Bradley also wears a military uniform.

Here are Manning’s own words from an online chat: “If you had free reign over classified networks … and you saw incredible things, awful things … things that belonged in the public domain, and not on some server stored in a dark room in Washington DC … what would you do? … God knows what happens now.  Hopefully worldwide discussion, debates, and reforms. … I want people to see the truth … because without information, you cannot make informed decisions as a public.”

Is the world to believe that these are the words of a disturbed and irrational person?  Do not the Nuremberg Tribunal and the Geneva Conventions speak of a higher duty than blind loyalty to one’s government, a duty to report the war crimes of that government?

Below is a listing of some of the things revealed in the State Department cables and Defense Department files and videos.  For exposing such embarrassing and less-than-honorable behavior, Bradley Manning of the United States Army and Julian Assange of Wikileaks may spend most of their remaining days in a modern dungeon, much of it while undergoing that particular form of torture known as “solitary confinement”.  Indeed, it has been suggested that the mistreatment of Manning has been for the purpose of making him testify against and implicating Assange.  Dozens of members of the American media and public officials have called for Julian Assange’s execution or assassination.  Under the new National Defense Authorization Act, Assange could well be kidnaped or assassinated.  What century are we living in?  What world?

It was after seeing American war crimes such as those depicted in the video “Collateral Murder” and documented in the “Iraq War Logs,” made public by Manning and Wikileaks, that the Iraqis refused to exempt US forces from prosecution for future crimes.  The video depicts an American helicopter indiscriminately murdering several non-combatants in addition to two Reuters journalists, and the wounding of two little children, while the helicopter pilots cheer the attacks in a Baghdad suburb like it was the Army-Navy game in Philadelphia.

The insistence of the Iraqi government on legal jurisdiction over American soldiers for violations of Iraqi law — something the United States rarely, if ever, accepts in any of the many countries where its military is stationed — forced the Obama administration to pull the remaining American troops from the country.

If Manning had committed war crimes in Iraq instead of exposing them, he would be a free man today, as are the many hundreds/thousands of American soldiers guilty of truly loathsome crimes in cities like Haditha, Fallujah, and other places whose names will live in infamy in the land of ancient Mesopotamia.

Besides playing a role in writing finis to the awful Iraq war, the Wikileaks disclosures helped to spark the Arab Spring, beginning in Tunisia.

When people in Tunisia read or heard of US Embassy cables revealing the extensive corruption and decadence of the extended ruling family there — one long and detailed cable being titled: “CORRUPTION IN TUNISIA: WHAT’S YOURS IS MINE” — how Washington’s support of Tunisian President Ben Ali was not really strong, and that the US would not support the regime in the event of a popular uprising, they took to the streets.

Here is a sample of some of the other Wikileaks revelations that make the people of the world wiser:

      • In 2009 Japanese diplomat Yukiya Amano became the new head of the International Atomic Energy Agency, which plays the leading role in the investigation of whether Iran is developing nuclear weapons or is working only on peaceful civilian nuclear energy projects.  A US embassy cable of October 2009 said Amano “took pains to emphasize his support for U.S. strategic objectives for the Agency.  Amano reminded the [American] ambassador on several occasions that … he was solidly in the U.S. court on every key strategic decision, from high-level personnel appointments to the handling of Iran’s alleged nuclear weapons program.”
      • Russia refuted US claims that Iran has missiles that could target Europe.
      • The British government’s official inquiry into how it got involved in the Iraq War was deeply compromised by the government’s pledge to protect the Bush administration in the course of the inquiry.
      • A discussion between Yemeni President Ali Abdullah Saleh and American Gen. David H. Petraeus in which Saleh indicated he would cover up the US role in missile strikes against al-Qaeda’s affiliate in Yemen.  “We’ll continue saying the bombs are ours, not yours,” Saleh told Petraeus.
      • The US embassy in Madrid has had serious points of friction with the Spanish government and civil society: a) trying to get the criminal case dropped against three US soldiers accused of killing a Spanish television cameraman in Baghdad during a 2003 unprovoked US tank shelling of the hotel where he and other journalists were staying; b )torture cases brought by a Spanish NGO against six senior Bush administration officials, including former attorney general Alberto Gonzales; c) a Spanish government investigation into the torture of Spanish subjects held at Guantánamo; d) a probe by a Spanish court into the use of Spanish bases and airfields for American extraordinary rendition (= torture) flights; e )continual criticism of the Iraq war by Spanish Prime Minister Zapatero, who eventually withdrew Spanish troops.
      • State Department officials at the United Nations, as well as US diplomats in various embassies, were assigned to gather as much of the following information as possible about UN officials, including Secretary-General Ban Ki Moon, permanent security council representatives, senior UN staff, and foreign diplomats: e-mail and website addresses, internet user names and passwords,  personal encryption keys, credit card numbers, frequent flyer account numbers, work schedules, and biometric data.  US diplomats at the embassy in Asunción, Paraguay were asked to obtain dates, times and telephone numbers of calls received and placed by foreign diplomats from China, Iran and the Latin American leftist states of Cuba, Venezuela and Bolivia.  US diplomats in Romania, Hungary and Slovenia were instructed to provide biometric information on “current and emerging leaders and advisers” as well as information about “corruption” and information about leaders’ health and “vulnerability”.  The UN directive also specifically asked for “biometric information on ranking North Korean diplomats”. A similar cable to embassies in the Great Lakes region of Africa said biometric data included DNA, as well as iris scans and fingerprints.
      • A special “Iran observer” in the Azerbaijan capital of Baku reported on a dispute that played out during a meeting of Iran’s Supreme National Security Council.  An enraged Revolutionary Guard Chief of Staff, Mohammed Ali Jafari, allegedly got into a heated argument with Iranian president Mahmoud Ahmadinejad and slapped him in the face because the generally conservative president had, surprisingly, advocated freedom of the press.
      • The State Department, virtually alone in the Western Hemisphere, did not unequivocally condemn a June 28, 2009 military coup in Honduras, even though an embassy cable declared: “there is no doubt that the military, Supreme Court and National Congress conspired on June 28 in what constituted an illegal and unconstitutional coup against the Executive Branch”.  US support of the coup government has been unwavering ever since.
      • The leadership of the Swedish Social Democratic Party — neutral, pacifist, and liberal Sweden, so the long-standing myth goes — visited the US embassy in Stockholm and asked for advice on how best to sell the war in Afghanistan to a skeptical Swedish public, asking if the US could arrange for a member of the Afghan government to come visit Sweden and talk up NATO’s humanitarian efforts on behalf of Afghan children, and so forth.  [For some years now Sweden has been, in all but name, a member of NATO and the persecutor of Julian Assange, the latter to please a certain Western power.]
      • The US pushed to influence Swedish wiretapping laws so communication passing through the Scandinavian country could be intercepted.  The American interest was clear: Eighty per cent of all the internet traffic from Russia travels through Sweden.
      • President of the European Council Herman Van Rompuy told US embassy officials in Brussels in January 2010 that no one in Europe believed in Afghanistan anymore.  He said Europe was going along in deference to the United States and that there must be results in 2010, or “Afghanistan is over for Europe.”
      • Iraqi officials saw Saudi Arabia, not Iran, as the biggest threat to the integrity and cohesion of their fledgling democratic state.  The Iraqi leaders were keen to assure their American patrons that they could easily “manage” the Iranians, who wanted stability; but that the Saudis wanted a “weak and fractured” Iraq, and were even “fomenting terrorism that would destabilize the government”.  The Saudi King, moreover, wanted a US military strike on Iran.
      • Saudi Arabia in 2007 threatened to pull out of a Texas oil refinery investment unless the US government intervened to stop Saudi Aramco from being sued in US courts for alleged oil price fixing.  The deputy Saudi oil minister said that he wanted the US to grant Saudi Arabia sovereign immunity from lawsuits
      • Saudi donors were the chief financiers of Sunni militant groups like Al Qaeda, the Afghan Taliban, and Lashkar-e-Taiba,  which carried out the 2008 Mumbai attacks.
      • Pfizer, the world’s largest pharmaceutical company, hired investigators to unearth evidence of corruption against the Nigerian attorney general in order to persuade him to drop legal action over a controversial 1996 drug trial involving children with meningitis.
      • Oil giant Shell claimed to have “inserted staff” and fully infiltrated Nigeria’s government.
      • The Obama administration renewed military ties with Indonesia in spite of serious concerns expressed by American diplomats about the Indonesian military’s activities in the province of West Papua, expressing fears that the Indonesian government’s neglect, rampant corruption and human rights abuses were stoking unrest in the region.
      • US officials collaborated with Lebanon’s defense minister to spy on, and allow Israel to potentially attack, Hezbollah in the weeks that preceded a violent May 2008 military confrontation in Beirut.
      • Gabon president Omar Bongo allegedly pocketed millions in embezzled funds from central African states, channeling some of it to French political parties in support of Nicolas Sarkozy.
      • Cables from the US embassy in Caracas in 2006 asked the US Secretary of State to warn President Hugo Chávez against a Venezuelan military intervention to defend the Cuban revolution in the eventuality of an American invasion after Castro’s death.
      • The United States was concerned that the leftist Latin American television network, Telesur, headquartered in Venezuela, would collaborate with al Jazeera of Qatar, whose coverage of the Iraq War had gotten under the skin of the Bush administration.
      • The Vatican told the United States it wanted to undermine the influence of Venezuelan president Hugo Chávez in Latin America because of concerns about the deterioration of Catholic power there.  It feared that Chávez was seriously damaging relations between the Catholic church and the state by identifying the church hierarchy in Venezuela as part of the privileged class.
      • The Holy See welcomed President Obama’s new outreach to Cuba and hoped for further steps soon, perhaps to include prison visits for the wives of the Cuban Five.  Better US-Cuba ties would deprive Hugo Chávez of one of his favorite screeds and could help restrain him in the region.
      • The wonderful world of diplomats: In 2010, UK Prime Minister Gordon Brown raised with Secretary of State Hillary Clinton the question of visas for two wives of members of the “Cuban Five”.  “Brown requested that the wives (who have previously been refused visas to visit the U.S.) be granted visas so that they could visit their husbands in prison. … Our subsequent queries to Number 10 indicate that Brown made this request as a result of a commitment that he had made to UK trade unionists, who form part of the Labour Party’s core constituency.  Now that the request has been made, Brown does not intend to pursue this matter further.  There is no USG action required.”
      • UK Officials concealed from Parliament how the US was allowed to bring cluster bombs onto British soil in defiance of a treaty banning the housing of such weapons.
      • A cable was sent by an official at the US Interests Section in Havana in July 2006, during the runup to the Non-Aligned Movement conference.  He noted that he was actively looking for “human interest stories and other news that shatters the myth of Cuban medical prowess”.  [Presumably to be used to weaken support for Cuba amongst the member nations at the conference.]
      • Most of the men sent to Guantánamo prison were innocent people or low-level operatives; many of the innocent individuals were sold to the US for bounty.
      • DynCorp, a powerful American defense contracting firm that claims almost $2 billion per year in revenue from US tax dollars, threw a “boy-play” party for Afghan police recruits.  (Yes, it’s what you think.)
      • Even though the Bush and Obama Administrations repeatedly maintained publicly that there was no official count of civilian casualties, the Iraq and Afghanistan War Logs showed that this claim was untrue.
      • Known Egyptian torturers received training at the FBI Academy in Quantico, Virginia.
      • The United States put great pressure on the Haitian government to not go ahead with various projects, with no regard for the welfare of the Haitian people.  A 2005 cable stressed continued US insistence that all efforts must be made to keep former president Jean-Bertrand Aristide, whom the United States had overthrown the previous year, from returning to Haiti or influencing the political process.  In 2006, Washington’s target was President René Préval for his agreeing to a deal with Venezuela to join Caracas’s Caribbean oil alliance, PetroCaribe, under which Haiti would buy oil from Venezuela, paying only 60 percent up front with the remainder payable over twenty-five years at 1 percent interest.  And in 2009, the State Department backed American corporate opposition to an increase in the minimum wage for Haitian workers, the poorest paid in the Western Hemisphere.
      • The United States used threats, spying, and more to try to get its way at the crucial 2009 climate conference in Copenhagen.
      • Mahmoud Abbas, president of The Palestinian National Authority, and head of the Fatah movement, turned to Israel for help in attacking Hamas in Gaza in 2007.
      • The British government trained a Bangladeshi paramilitary force condemned by human rights organisations as a “government death squad”.
      • A US military order directed American forces not to investigate cases of torture of detainees by Iraqis.
      • The US was involved in the Australian government’s 2006 campaign to oust Solomon Islands Prime Minister Manasseh Sogavare.
      • A 2009 US cable said that police brutality in Egypt against common criminals was routine and pervasive, the police using force to extract confessions from criminals on a daily basis.
      • US diplomats pressured the German government to stifle the prosecution of CIA operatives who abducted and tortured Khalid El-Masri, a German citizen.  [El-Masri was kidnaped by the CIA while on vacation in Macedonia on December 31, 2003.  He was flown to a torture center in Afghanistan, where he was beaten, starved, and sodomized.  The US government released him on a hilltop in Albania five months later without money or the means to go home.]
      • 2005 cable re “widespread severe torture” by India, the widely-renowned “world’s largest democracy”: The International Committee of the Red Cross reported: “The continued ill-treatment of detainees, despite longstanding ICRC-GOI [Government of India] dialogue, have led the ICRC to conclude that New Delhi condones torture.”  Washington was briefed on this matter by the ICRC years ago.  What did the United States, one of the world’s leading practitioners and teachers of torture in the past century, do about it?  American leaders, including the present ones, continued to speak warmly of “the world’s largest democracy”; as if torture and one of the worst rates of poverty and child malnutrition in the world do not contradict the very idea of democracy.
      • The United States overturned a ban on training the Indonesian Kopassus army special forces — despite the Kopassus’s long history of arbitrary detention, torture and murder — after the Indonesian President threatened to derail President Obama’s trip to the country in November 2010.
      • Since at least 2006 the United States has been funding political opposition groups in Syria, including a satellite TV channel that beams anti-government programming into the country.

William Blum is the author of:

      • Killing Hope: US Military and CIA Interventions Since World War 2
      • Rogue State: A Guide to the World’s Only Superpower
      • West-Bloc Dissident: A Cold War Memoir
      • Freeing the World to Death: Essays on the American Empire

Portions of the books can be read, and signed copies purchased, at www.killinghope.org

Welcome to Boston, Mr. Rumsfeld. You Are Under Arrest. September 23, 2011

Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture.
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http://www.opednews.com/articles/1/Welcome-to-Boston-Mr-Rum-by-Ralph-Lopez-110920-706.html

September 23, 2011

By Ralph Lopez

(about the author)
Former Secretary of Defense Donald Rumsfeld has been stripped of legal immunityfor acts of torture against US citizens authorized while he was in office.   The 7th Circuit made the ruling in the case of two American contractors who were tortured by the US military in Iraq after uncovering a smuggling ring within an Iraqi security company.  The company was under contract to the Department of Defense.   The company was assisting Iraqi insurgent groups in the “mass acquisition” of American weapons.  The ruling comes as Rumsfeld begins his book tour with a visit to Boston on Monday, September 26, and as new, uncensored photos of Abu Ghraib spark fresh outrage across Internet.  Awareness is growing that Bush-era crimes went far beyond mere waterboarding.

Torture Room, Abu Ghraib

Republican Senator Lindsey Graham told reporters in 2004of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here…We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.”  And journalist Seymour Hersh says: “boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has.”

Rumsfeld resigned days before a criminal complaintwas filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify.  General Janis Karpinski in an interview with Salon.comwas asked: “Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?”

Karpinski answered: “Yes, absolutely.”  In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimonyand offered to appear before the German prosecutor as a witness.  Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything.”

And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:

“there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”

Abu Ghraib Prisoner Smeared with Feces

In a puzzling and incriminating move, Camp Cropper base commander General John Gardner ordered Nathan Ertel released on May 17, 2006, while keeping Donald Vance in detention for another two months of torture.  By ordering the release of one man but not the other, Gardner revealed awareness of the situation but prolonged it at the same time.

It is unlikely that Gardner could act alone in a situation as sensitive as the illegal detention and torture of two Americans confirmed by the FBI to be working undercover in the national interest, to prevent American weapons and munitions from reaching the hands of insurgents, for the sole purpose of using them to kill American troops.  Vance and Ertel suggest he was acting on orders from the highest political level.

The forms of torture employed against the Americans included “techniques” which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib.  They included “walling,” where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.

The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world.  Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain.  Former President Bush recently curbed travel to Switzerlanddue to fear of arrest following criminal complaints lodged in Geneva.  “He’s avoiding the handcuffs,” Reed Brody, counsel for Human Rights Watch, told Reuters.  And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.

And the Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were heto land in London to “flog his memoirs,” that “the real trouble — from the Bush point of view — is that he might never see Texas again.”

Former Secretary of State Colin Powell’s Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBCearlier this year that soon, Saudi Arabia and Israel will be “the only two countries Cheney, Rumsfeld and the rest will travel too.”

Abu Ghraib: Dog Bites

What would seem to make Rumsfeld’s situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.

In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld’s most vociferous critics,  stated:“I am willing to testify in person regarding the  content of this declaration, should that be necessary.”  That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was “accurate.”  Wilkerson said earlier this yearthat in that case, and in the case of another murder at Bagram at about the same time, “authorization for the abuse went to the very top of the United States government.”

Dilawar

The young farmer’s name was Dilawar.  The New York Times reported on May 20, 2005:

“Four days before [his death,] on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.
On the day that he disappeared, Mr. Dilawar’s mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. However, he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.”

Dilawar’s misfortune was to drive past the gate of an American base which had been hit by a rocket attack that morning.  Dilawar and his fares were arrested at a checkpoint by a warlord, who was later suspected of mounting the rocket attack himself, and then turning over randam captures like Dilawar in order to win trust.

The UK Guardian reports:

“Guards at Bagram routinely kneed prisoners in their thighs — a blow called a “peroneal strike”…Whenever a guard did this to Dilawar, he would cry out, “Allah! Allah!” Some guards apparently found this amusing, and would strike him repeatedly to show off the behavior to buddies.
One military policeman told investigators, “Everybody heard him cry out and thought it was funny. … It went on over a 24-hour period, and I would think that it was over 100 strikes.””

The New York Times reported that on the last day of his life, four days after he was arrested:

“Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar’s face.
“Come on, drink!” the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. “Drink!”

At the interrogators’ behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.

“Leave him up,” one of the guards quoted Specialist Claus as saying.”

The next time the prison medic saw Dilawar a few hours later, he was dead, his head lolled to one side and his body beginning to stiffen.  A coroner would testify that his legs “had basically been pulpified.”The Army coroner, Maj. Elizabeth Rouse, said: “I’ve seen similar injuries in an individual run over by a bus.” She testified that had he lived, Dilawar’s legs would have had to be amputated.

Despite the military’s false statement that Dilawar’s death was the result of “natural causes,” Maj. Rouse marked the death certificate as a “homicide” and arranged for the certificate to be delivered to the family.  The military was forced to retract the statement when a reporter for the New York Times, Carlotta Gall, tracked down Dilawar’s family in Afghanistan and was given a folded piece of paper by Dilawar’s brother.  It was the death certificate, which he couldn’t read, because it was in English.

The practice of forcing prisoners to stand for long periods of time, links Dilawar’s treatment to a memo which bears Rumsfeld’s own handwriting on that particular subject.  Obtained through a Freedom of Information Act Request, the memo may show how fairly benign-sounding authorizations for clear circumventions of the Geneva Conventions may have translated into gruesome practice on the battlefield.

The memo, which addresses keeping prisoners “standing” for up to four hours, is annotated with a note initialed by Rumsfeld reading: “”I stand for 8–10 hours a day. Why is standing limited to 4 hours?”  Not mentioned in writing anywhere is anything about accomplishing this by chaining prisoners to the ceiling.  There is evidence that, unable to support his weight on tiptoe for the days on end he was chained to the ceiling, Dilawars arms dislocated, and they flapped around uselessly when he was taken down for interrogation.  The National Catholic Reporter writes “They flapped like a bird’s broken wings”

Contradicting, on the record, a February 2003 statement by Rumsfeld’s top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings,” is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank.  Told of McNeill’s statement, Brand told Scott Pelley on 60 Minutes: “Well, he’s lying.”  Brand said of his punishment: “I didn’t understand how they could do this after they had trained you to do this stuff and they turn around and say you’ve been bad”

Exhibit: Dilawar Death Certificate marked “homicide”

Exhibit: Rumsfeld Memo: “I stand 8-10 hours a day.  Why only 4 hours?”

Dilawar’s daughter and her grandfather

Binyam, Genital-Slicing

Binyam Mohamed was seized by the Pakistani Forces in April 2002 and turned over to the Americans for a $5,000 bounty.  He was held for more than five years without charge or trial in Bagram Air Force Base, Guantánamo Bay, and third country “black” sites.

“They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me. Maybe castrate me…
One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. “I told you I was going to teach you who’s the man,” [one] eventually said.

They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor.”

I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: “What’s the point of this? I’ve got nothing I can say to them. I’ve told them everything I possibly could.”

“As far as I know, it’s just to degrade you. So when you leave here, you’ll have these scars and you’ll never forget. So you’ll always fear doing anything but what the US wants.”

Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped. They treated me and took more photos when I was in Kabul. Someone told me this was “to show Washington it’s healing”.

The obvious question for any prosecutor in Binyam’s case is: Who does “Washington” refer to?  Rumsfeld?  Cheney?  Is it not in the national interest to uncover these most depraved of sadists at the highest level?  US Judge Gladys Kessler, in her findings on Binyam made in relation to a Guantanamo prisoner’s petition, found Binyam exceedingly credible.  She wrote:

“His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one foreign prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in plots to imperil Americans. The government does not dispute this evidence.”

Obama: Torturers’ Last Defense

The prospect of Rumsfeld in a courtroom cannot possibly be relished by the Obama administration, which has now cast itself as the last and staunchest defender of the embattled former officials, including John Yoo, Alberto Gonzalez, Judge Jay Bybee, Dick Cheney, George W. Bush, and others.  The administration employed an unprecedented twisting of arms in order to keep evidence in a lawsuit which Binyam had filedin the UK suppressed, threatening an end of cooperation between the British MI5 and the CIA.  This even though the British judges whose hand was forced puzzled that the evidence “contained “no disclosure of sensitive intelligence matters.”  The judges suggested another reason for the secrecy requested by the Obama administration, that it might be “politically embarrassing.”

The Obama Justice Department’s active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office.  Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state.  The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.

Andy Worthington writes that:

“As it happens, one of the confessions that was tortured out of Binyam is so ludicrous that it was soon dropped…The US authorities insisted that Padilla and Binyam had dinner with various high-up members of al-Qaeda the night before Padilla was to fly off to America. According to their theory the dinner party had to have been on the evening of 3 April in Karachi … Binyam was  meant to have dined with Khalid Sheikh Mohammed, Abu Zubaydah, Sheikh al-Libi, Ramzi bin al-Shibh and Jose Padilla.” What made the scenario “absurd,” as [Binyam's lawyer] pointed out, was that “two of the conspirators were already in U.S. custody at the time — Abu Zubaydah was seized six days before, on 28 March 2002, and al-Libi had been held since November 2001.””

The charges against Binyam were dropped, after the prosecutor, Lieutenant Colonel Darrel Vandeveld, resigned. He told the BBC later that he had concerns at the repeated suppression of evidence that could prove prisoners’ innocence.

The litany of tortures alleged against Rumsfeld in the military prisons he ran could go on for some time.  The new photographic images from Abu Ghraib make it hard to conceive of how the methods of torture and dehumanization could have possibly served a national purpose.

The approved use of attack dogs, sexual humiliation, forced masturbation, and treatments which plumb the depths of human depravity are either documented in Rumsfeld’s own memos, or credibly reported on.

The UK Guardian writes:

The techniques devised in the system, called R2I – resistance to interrogation – match the crude exploitation and abuse of prisoners at the Abu Ghraib jail in Baghdad.

One former British special forces officer who returned last week from Iraq, said: “It was clear from discussions with US private contractors in Iraq that the prison guards were using R2I techniques, but they didn’t know what they were doing.””

Torture Now Aimed at Americans, Programs Designed to Obtain False Confessions, Not Intelligence

The worst of the worst is that Rumsfeld’s logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror.  The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units.  The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods.  But the aim of those methods was never to obtain intelligence, but to elicit false confessions.  The Bush administration asked the military to “reverse engineer” the methods, i.e. figure out how to break down resistance to false confessions.

In the 2008 Senate Armed Services Committee reportwhich indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:

“SERE instructors explained “Biderman’s Principles” — which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War — and left with GTMO personnel a chart of those coercive techniques.”

The Biderman Principles were based on the work of Air Force Psychiatrist Albert Biderman, who wrote the landmark “Communist Attempts to Elecit False Confessions from Air Force Prisoners of War,” on which SERE resistance was based.  Biderman wrote:

“The experiences of American Air Force prisoners of war in Korea who were pressured for false confessions, enabled us to compile an outline of methods of eliciting compliance, not much different, it turned out, from those reported by persons held by Communists of other nations.  I have prepared a chart showing a condensed version of this outline.”

The chart is a how-to for communist torturers interested only in false confessions for propaganda purposes, not intelligence.  It was the manual for, in Biderman’s words, “brainwashing.”  In the reference for Principle Number 7, “Degradation,” the chart explains:

“Makes Costs of Resistance Appear More Damaging to Self-Esteem than Capitulation; Reduces Prisoner to “Animal Level…Personal Hygiene Prevented; Filthy, Infested Surroundings; Demeaning Punishments; Insults and Taunts; Denial of Privacy”

Appallingly, this could explain that even photos such as those of feces-smeared prisoners at Abu Ghraib might not, as we would hope, be only the individual work of particularly demented guards, but part of systematic degradation authorized at the highest levels.

Exhibit: Abu Ghraib, Female POW

This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong.  A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.

But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place?  What the Ponzi scheme of either innocent men or low-level operatives incriminating each other  DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.

And now, American contractors Vance and Ertel show, unless there are prosecutions, the law has effectively changed and they can do it to Americans. Jane Mayer in the New Yorker describes a new regime for prisoners which has become coldly methodical, quoting a report issued by the Parliamentary Assembly of the Council of Europe, titled “Secret Detentions and Illegal Transfers of Detainees.”  In the report on the CIA paramilitary Special Activities Division detainees were “taken to their cells by strong people who wore black outfits, masks that covered their whole faces, and dark visors over their eyes.”

Mayer writes that a former member of a C.I.A. transport team has described the “takeout” of prisoners as:

“a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location.”

A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability.”

Of course we have seen these images before, in the trial balloon treatment of Jose Padilla, the first American citizen arrested and declared “enemy combatant” in the first undeclared war without end.  The designation placed Padilla outside of his Bill of Rights as an American citizen even though he was arrested on American soil.  Padilla was kept in isolation and tortured for nearly 4 years before being released to a civilian trial, at which point according to his lawyer he was useless in his own defense, and exhibited fear and mistrust of everyone, complete docility, and a range of nervous facial tics.

Jose Padilla in Military Custody

Rumsfeld’s avuncular “golly-gee, gee-whiz”  performances in public are legendary.  Randall M. Schmidt, the Air Force Lieutenant General appointed by the Army to investigate abuses at Guantanamo, and who recommended holding Rumsfeld protege and close associate General Geoffrey Miller “accountable” as the commander of Guantanamo, watched Rumsfeld’s performance before a House Committee with some interest. “He was going, “My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ “

But General Taguba said of Rumsfeld: “Rummy did what we called “case law’ policy — verbal and not in writing. What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”

Taguba went on: “Rumsfeld is very perceptive and has a mind like a steel trap. There’s no way he’s suffering from C.R.S.–Can’t Remember sh*t.”

Miller was the general deployed by Rumsfeld to “Gitmo-ize” Abu Ghraib in 2003 after Rumsfeld had determined they were being too “soft” on prisoners.  He said famously in one memo “you have to treat them like dogs.”  General Karpinski questioned the fall of Charles Graner and Lyndie England as the main focus of low-level “bad apple” abuse in the Abu Ghraib investigations.  “Did Lyndie England deploy with a dog leash?” she asks.

Exhibit: Dog deployed at Abu Ghraib, mentally-ill prisoner

Abu Ghraib prisoner in “restraint” chair, screaming “Allah!!”

Rumsfeld’s worry now is the doctrine of Universal Jurisdiction, as well as ordinary common law.  The veil of immunity stripped in civil cases would seem to free the hand of any prosecutor who determines there is sufficient evidence that a crime has been committed based on available evidence.  A grand jury’s bar for opening a prosecution is minimal.  It has been said “a grand jury would indict a ham sandwich.”  Rumsfeld, and the evidence against him, would certainly seem to pass this test.

The name Dilawar translates to English roughly as “Braveheart.”  Let us pray he had one to endure the manner of his death.  But the more spiritual may believe that somehow it had a purpose, to shock the world and begin the toppling of unimaginable evil among us.  Dilawar represented the poorest of the poor and most powerless, wanting only to pick up his three sisters, as his mother had told him to, for the holiday.  The question now is whether Americans will finally draw a line, as the case against Rumsfeld falls into place and becomes legally bulletproof.  Andy Worthington noted that the case for prosecutors became rock solid when Susan Crawford, senior Pentagon official overseeing the Military Commissions at Guantánamo — told Bob Woodward that the Bush administration had “met the legal definition of torture.”

As Rumsfeld continues his book tour and people like Dilawar are remembered, it is not beyond the pale that an ambitious prosecutor, whether local, state, or federal, might sense the advantage.  It is perhaps unlikely, but not inconceivable, that upon landing at Logan International Airport on Wed., Sept. 21st, or similarly anywhere he travels thereafter, Rumsfeld could be greeted with the words such as: “Welcome to Boston, Mr. Secretary.  You are under arrest.”

Take action — click here to contact your local newspaper or congress people:
Prosecute Rumsfeld NOW for torture!

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Massachusetts District Attorneys Who Can Indict Rumsfeld, Please Email them this post and call them.SAMPLE INDICTMENT
LEGAL BACKGROUND

RELEVANT US CODE:

a. Conspiracy to torture in violation of the U.S. Code, in both Title 18, Section 2340

b. Conspiracy to commit war crimes including torture, cruel or inhuman treatment, murder, mutilation or maiming and intentionally causing serious bodily injury in violation of Title 18, Section 2441

Massachusetts Attorney General Martha Coakley:
email:  Email address removed

One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200 begin_of_the_skype_highlighting            (617) 727-2200     end_of_the_skype_highlighting

//

And Gov. Duval Patrick has an obligation to order the state police to do the same: CONTACT FORM

Local District Attorneys
Berkshire County: District Attorney David F. Capeless
Elected November 2006
OFFICE ADDRESS:     P.O. Box 973
888 Purchase Street
New Bedford, MA 02741
PHONE:     (508) 997-0711 begin_of_the_skype_highlighting            (508) 997-0711     end_of_the_skype_highlighting
FAX:     (508) 997-0396
INTERNET ADDRESS:     http://www.bristolda.com

Bristol County     District Attorney C. Samuel Sutter
Appointed March 2004
Elected November 2004
OFFICE ADDRESS:     7 North Street
P.O. Box 1969
Pittsfield, MA 01202-1969
PHONE:     (413) 443-5951 begin_of_the_skype_highlighting            (413) 443-5951     end_of_the_skype_highlighting
FAX:     (413) 499-6349
Internet Address:     http://www.mass.gov/…

Cape & Islands     District Attorney Michael O’Keefe
Elected November 2002
OFFICE ADDRESS:     P.O.Box 455
3231 Main Street
Barnstable, MA 02630
PHONE:     (508) 362-8113 begin_of_the_skype_highlighting            (508) 362-8113     end_of_the_skype_highlighting
FAX:     (508) 362-8221
INTERNET ADDRESS:     http://www.mass.gov/…

Essex County: District Attorney Jonathan W. Blodgett
Elected November 2002
OFFICE ADDRESS:     Ten Federal Street
Salem, MA 01970
PHONE:     (978) 745-6610 begin_of_the_skype_highlighting            (978) 745-6610     end_of_the_skype_highlighting
FAX:     (978) 741-4971
INTERNET ADDRESS:     http://www.mass.gov/…

Hampden     District Attorney Mark Mastroianni
Elected 2010
OFFICE ADDRESS:     Hall of Justice
50 State Street
Springfield, MA 01103
PHONE:     (413) 747-1000 begin_of_the_skype_highlighting            (413) 747-1000     end_of_the_skype_highlighting
FAX:     (413) 781-4745

Middlesex County: District Attorney Gerard T. Leone, Jr.
Elected November 2006
OFFICE ADDRESS:     15 Commonwealth Avenue
Woburn, MA 01801
PHONE:     (781) 897-8300 begin_of_the_skype_highlighting            (781) 897-8300     end_of_the_skype_highlighting
FAX:     ((781) 897-8301
INTERNET ADDRESS:     http://www.middlesexda.com

Norfolk     District Attorney Michael Morrissey
Elected 2010
OFFICE ADDRESS:     45 Shawmut Ave.
Canton, MA 02021
PHONE:     (781) 830-4800 begin_of_the_skype_highlighting            (781) 830-4800     end_of_the_skype_highlighting
FAX:     (781) 830-4801
INTERNET ADDRESS:     http://www.mass.gov/…

Northwestern     District Attorney David Sullivan
Elected 2010
HAMPSHIRE OFFICE ADDRESS:     One Gleason Plaza
Northampton, MA 01060
PHONE:     (413) 586-9225 begin_of_the_skype_highlighting            (413) 586-9225     end_of_the_skype_highlighting
FAX:     (413) 584-3635
FRANKLIN OFFICE ADDRESS:     13 Conway Street
Greenfield, MA 01301
PHONE:     (413) 774-3186 begin_of_the_skype_highlighting            (413) 774-3186     end_of_the_skype_highlighting
FAX:     (413) 773-3278
WEBSITE:
Northwestern     http://www.mass.gov/…

< a href=”http://media.fastclick.net/w/click.here?sid=48406&m=6&c=1&#8243; target=”_blank”><img src=”http://media.fastclick.net/w/get.media?sid=48406&m=6&tp=8&d=s&c=1&#8243; width=300 height=250 border=1></Plymouth     District Attorney Timothy J. Cruz
Appointed November 2001
Elected November 2002
OFFICE ADDRESS:     32 Belmont Street
Brockton, MA 02303
PHONE:     (508) 584-8120 begin_of_the_skype_highlighting            (508) 584-8120     end_of_the_skype_highlighting
FAX:     (508) 586-3578
INTERNET ADDRESS:     http://www.mass.gov/…

Suffolk County:     District Attorney Daniel F. Conley
Appointed January 2002
Elected November 2002
OFFICE ADDRESS:     One Bulfinch Place
Boston, MA 02114
PHONE:     (617) 619-4000 begin_of_the_skype_highlighting            (617) 619-4000     end_of_the_skype_highlighting
FAX:     (617) 619-4009
INTERNET ADDRESS:     http://www.mass.gov/…

Worcester     District Attorney Joseph D. Early, Jr.
Elected November 2006
OFFICE ADDRESS:     Courthouse – Room 220
2 Main Street
Worcester, MA 01608
PHONE:     (508) 755-8601 begin_of_the_skype_highlighting            (508) 755-8601     end_of_the_skype_highlighting
FAX:     (508) 831-9899
INTERNET ADDRESS:     http://www.worcesterda.com

Justice Dept. Gives Torture a Pass July 21, 2011

Posted by rogerhollander in Criminal Justice, Human Rights, Torture.
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Published on Wednesday, July 20, 2011 by OtherWords

What will we say when other governments follow our example by providing immunity from prosecution to torturers?

  by  Peter Weiss

The Romans had an expression for it: “Nulla poena sine lege,” no punishment without a law. But people sometimes forget that the opposite is also true: Without punishment for offenders, a law itself can die.

The Justice Department recently announced that, of the 101 cases involving alleged illegal treatment of post-9/11 detainees by the CIA and its contractors, 99 were being closed. The remaining two, which involved deaths in custody, would continue to be investigated.

The decision to drop virtually all these cases is based on a policy promulgated by Attorney General Eric Holder shortly after he took office. Reiterating this policy on June 30, Holder wrote that the Justice Department “would not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees.”

This refers to the infamous “torture memos” provided in 2002 to Alberto Gonzales while he was White House counsel by John Yoo, then Deputy Assistant Attorney General and Jay Bybee, who was Assistant Attorney General and now serves as a judge on the Court of Appeals for the Ninth Circuit. These memos, which sanctioned virtually all forms of “enhanced interrogation” (or torture, in common parlance), were withdrawn as legally deficient by Jack Goldsmith, President George W. Bush’s head of the Office of Legal Counsel, and specifically disavowed later by President Barack Obama himself.Creative Commons image by the US Dept. of Agricultureholder

Holder’s recent move is completely consistent with Obama’s insistence on looking “forward, not back” when it comes to accountability for torture. Prosecuting most of these cases would require seriously examining the perpetrators’ faith that the Yoo memos acted as a “golden shield,” as one Bush administration official called them. But the law says that this defense, “the defense of superior orders,” doesn’t work when the act in question is palpably or manifestly illegal.

It didn’t work for Lt. William Calley when he and his platoon killed over 300 women, children, and elderly men in the village of My Lai during the Vietnam War. It didn’t work for Lynndie England, the hapless army reservist convicted of torturing and abusing detainees at Abu Ghraib.

And it didn’t work for most of the defendants at Nuremberg.

Why should it now work for CIA agents and others who relied “in good faith” on the torture memos? The journalist Christopher Hitchens was himself waterboarded by Special Forces soldiers to help him decide whether it was torture. His conclusion: “If waterboarding does not constitute torture, then there is no such thing as torture.” Indeed, since the Spanish inquisition, waterboarding has never been considered anything other than torture, and in this century torture is absolutely forbidden under both domestic and international law.

And waterboarding is only one of several torture techniques used by U.S. personnel in the years following 9/11, including prolonged sleep deprivation, shackling in stress positions, and exposure to extreme cold and heat. All of these have been largely or completely abandoned under the Obama administration. But what lesson are we to draw from the fact that no prosecutions have been started, nor are likely to start, against those who authorized and practiced them? What will we say when other governments follow our example by providing immunity from prosecution to torturers on the basis of phony, made-to-order legal memos?

June 30, 2011 will go down as a dark day in the annals of the struggle against torture.

This work is licensed under a Creative Commons License

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Peter Weiss

Peter Weiss is a vice president of the Center for Constitutional Rights.

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