Revealed: How the FBI Coordinated the Crackdown on Occupy December 30, 2012
Posted by rogerhollander in Civil Liberties, Occupy Wall Street Movement.Tags: #occupy movement, dhs, fbi, government repression, Homeland Security, naomi wolf, occupy wall street, orwellian, ows, police state, roger hollander, wikileaks
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New documents prove what was once dismissed as paranoid fantasy: totally integrated corporate-state repression of dissent
It was more sophisticated than we had imagined: new documents show that the violent crackdown on Occupy last fall – so mystifying at the time – was not just coordinated at the level of the FBI, the Department of Homeland Security, and local police. The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves –was coordinated with the big banks themselves.
Police used teargas to drive back protesters following an attempt by the Occupy supporters to shut down the city of Oakland. Photograph: Noah Berger/AP
The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.
The documents, released after long delay in the week between Christmas and New Year, show a nationwide meta-plot unfolding in city after city in an Orwellian world: six American universities are sites where campus police funneled information about students involved with OWS to the FBI, with the administrations’ knowledge (p51); banks sat down with FBI officials to pool information about OWS protesters harvested by private security; plans to crush Occupy events, planned for a month down the road, were made by the FBI – and offered to the representatives of the same organizations that the protests would target; and even threats of the assassination of OWS leaders by sniper fire – by whom? Where? – now remain redacted and undisclosed to those American citizens in danger, contrary to standard FBI practice to inform the person concerned when there is a threat against a political leader (p61).
As Mara Verheyden-Hilliard, executive director of the PCJF, put it, the documents show that from the start, the FBI – though it acknowledges Occupy movement as being, in fact, a peaceful organization – nonetheless designated OWS repeatedly as a “terrorist threat”:
“FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) … reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat … The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.”
Verheyden-Hilliard points out the close partnering of banks, the New York Stock Exchange and at least one local Federal Reserve with the FBI and DHS, and calls it “police-statism”:
“This production [of documents], which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement … These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”
The documents show stunning range: in Denver, Colorado, that branch of the FBI and a “Bank Fraud Working Group” met in November 2011 – during the Occupy protests – to surveil the group. The Federal Reserve of Richmond, Virginia had its own private security surveilling Occupy Tampa and Tampa Veterans for Peace and passing privately-collected information on activists back to the Richmond FBI, which, in turn, categorized OWS activities under its “domestic terrorism” unit. The Anchorage, Alaska “terrorism task force” was watching Occupy Anchorage. The Jackson, Michigan “joint terrorism task force” was issuing a “counterterrorism preparedness alert” about the ill-organized grandmas and college sophomores in Occupy there. Also in Jackson, Michigan, the FBI and the “Bank Security Group” – multiple private banks – met to discuss the reaction to “National Bad Bank Sit-in Day” (the response was violent, as you may recall). The Virginia FBI sent that state’s Occupy members’ details to the Virginia terrorism fusion center. The Memphis FBI tracked OWS under its “joint terrorism task force” aegis, too. And so on, for over 100 pages.
Jason Leopold, at Truthout.org, who has sought similar documents for more than a year, reported that the FBI falsely asserted in response to his own FOIA requests that no documents related to its infiltration of Occupy Wall Street existed at all. But the release may be strategic: if you are an Occupy activist and see how your information is being sent to terrorism task forces and fusion centers, not to mention the “longterm plans” of some redacted group to shoot you, this document is quite the deterrent.
There is a new twist: the merger of the private sector, DHS and the FBI means that any of us can become WikiLeaks, a point that Julian Assange was trying to make in explaining the argument behind his recent book. The fusion of the tracking of money and the suppression of dissent means that a huge area of vulnerability in civil society – people’s income streams and financial records – is now firmly in the hands of the banks, which are, in turn, now in the business of tracking your dissent.
Remember that only 10% of the money donated to WikiLeaks can be processed – because of financial sector and DHS-sponsored targeting of PayPal data. With this merger, that crushing of one’s personal or business financial freedom can happen to any of us. How messy, criminalizing and prosecuting dissent. How simple, by contrast, just to label an entity a “terrorist organization” and choke off, disrupt or indict its sources of financing.
Why the huge push for counterterrorism “fusion centers”, the DHS militarizing of police departments, and so on? It was never really about “the terrorists”. It was not even about civil unrest. It was always about this moment, when vast crimes might be uncovered by citizens – it was always, that is to say, meant to be about you.
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Author, social critic, and political activist Naomi Wolf is the author of The New York Times bestseller “The End of America” (Chelsea Green) and, more recently, Give Me Liberty: A Handbook for American Revolutionaries. Wolf’s landmark international bestseller, The Beauty Myth, challenged the cosmetics industry and the marketing of unrealistic standards of beauty, launching a new wave of feminism in the early 1990s.
U.S. is the Worst Police State in the World – By the Numbers August 31, 2012
Posted by rogerhollander in Civil Liberties, Criminal Justice, Race, Racism, Torture.Tags: afrrican americans, american gulag, glen ford, police state, Race, racism, roger hollander, solitary confinement, torture, us prisons
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A Black Agenda Radio commentary by Glen Ford
There’s no getting around the fact that the United States is the Mother of All Police States. China can’t compete in the incarceration business. With four times the U.S. population, it imprisons only 70 percent as many people – about the same number as the non-white prison population of the U.S. Even worse, 80,000 U.S. inmates undergo the torture of solitary confinement on any given day.
U.S. is the Worst Police State in the World – By the Numbers
A Black Agenda Radio commentary by Glen Ford
“The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.”
When U.S. corporate media operatives use the term “police state,” they invariably mean some other country. Even the so-called “liberal” media, from Democracy Now to the MSNBC menagerie, cannot bring themselves to say “police state” and the “United States” without putting the qualifying words “like” or “becoming” in the middle. The U.S. is behaving “like” a police state, they say, or the U.S. is in danger of “becoming” a police state. But it is never a police state. Since these privileged speakers and writers are not themselves in prison – because what they write and say represents no actual danger to the state – they conclude that a U.S. police state does not, at this time, exist.
Considering the sheer size and social penetration of its police and imprisonment apparatus, the United States is not only a police state, but the biggest police state in the world, by far: the police state against whose dimensions all other police systems on Earth must be measured.
By now, even the most insulated, xenophobic resident of the Nebraska farm belt knows that the U.S. incarcerates more people than any country in the world. He might not know that 25 percent of prison inmates in the world are locked up in the U.S., or that African Americans comprise one out of every eight of the planet’s prisoners. But, that Nebraska farmer is probably aware that America is number one in the prisons business. He probably approves. God bless the police state.
For the American media, including lots of media that claim to be of the Left, it is axiomatic that China is a police state. And maybe, by some standards, it is. But, according to United Nations figures, China is 87th in the world in the proportion of its people who are imprisoned. China is a billion people bigger than the United States – more than four times the population – yet U.S. prisons house in excess of 600,000 more people than China does. The Chinese prison population is just 70 percent of the American Gulag. That’s quite interesting because, non-whites make up about 70 percent of U.S. prisons. That means, the Black, brown, yellow and red populations of U.S. prisons number roughly the same as all of China’s incarcerated persons. Let me emphasize that: The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.
“Solitary confinement beyond 15 days at a stretch crosses the line of torture.”
However, police states must be measured by conditions behind the bars, as well as raw numbers of inmates. And, by that standard, the American Gulag is even more monstrous.
Civilized people now recognize that solitary confinement is a form of torture. The United Nations Special Rapporteur on Torture, Juan Mendez, reports that solitary confinement beyond 15 days at a stretch crosses the line of torture, yet, as Al Jazeera recently reported, it is typical for hundred of thousands of U.S. prisoners to spend 30 or 60 days in solitary at a stretch. Twenty thousand are held in perpetual isolation in so-called supermax prisons – that is, they exist in a perpetual state of torture. Studies now show that, all told, 80,000 U.S. prisoners are locked up in solitary on any given day.That’s as many tortured people as the entire prison system of Germany, or of England, Scotland and Wales, combined.
If that is not a police state, then no such thing exists on planet Earth.
For Black Agenda Radio, I’m Glen Ford. On the web, go to Black Agenda Report.
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Less Lethal, Or You Die November 22, 2011
Posted by rogerhollander in Civil Liberties, Criminal Justice, Occupy Wall Street Movement.Tags: #occupy movement, abbyf zimet, cfivil liberties, combined tactical, crowd management, defense technology, first amendment, free speech, occupy wall street, ows, pepper spray, pepperball guns, police brutality, police state, roger hollander
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by Abby Zimet, www.commondreams.org, November 22, 2011
A chilling look at “crowd management tools” – a.k.a. weapons – made by companies with names like Defense Technology and Combined Tactical Systems and increasingly used by police, from pepperball guns and compressed-air pepper-spray backbacks to projectiles firing bean bag “pain compliance rounds” and fog machines dispensing clouds of tear gas “to provide reliable, less-lethal, effective means of incapacitation.” From Mother Jones.
On Lousy Coverage and the Police Riot Kitten Meme October 28, 2011
Posted by rogerhollander in Uncategorized, Humor, Democracy, Civil Liberties, Occupy Wall Street Movement.Tags: roger hollander, Wall Street, police repression, Media, journalism, police state, washington post, abby zimet, police brutality, police riot, police violence, occupy wall street, occupy oakland, oakland, oakland police, oakland california, wapo, yellow journalism
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by Abby Zimet

The Washington Post is rightly taking heat for their print coverage of the Oakland police riots, which consisted of a bewilderingly irrelevant photo of a nice wittle cop petting a nice wittle kittie – Look Ma, no tear gas! – over the headline, “Protesters Wearing Out Their Welcome Nationwide.” Ok, we don’t expect much from them, but whoah. Meanwhile, online wise-acres are having a fine old time with it. A reminder on the media: Be wary of your source.
“Propaganda is to a democracy what the bludgeon is to a totalitarian state.” – Noam Chomsky.

oakland riot cat
FBI’s Counterterrorism Operations Scrutinizing Political Activists May 30, 2011
Posted by rogerhollander in Civil Liberties, Democracy.Tags: aclu, activism, anarchism, anarchist, church committee, civil disobedience, civil liberties, Civil Rights, cointel, colin moynihan, counterterrorism, fbi, fbi surveillance, peace avtivism, police state, roger hollander, scott crow, scott shane
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FBI’s Counterterrorism Operations Scrutinizing Political Activists
For at least three years, counterterrorism agents monitored the comings and goings at Scott Crow’s home in Austin, Tex. (Photo: Caleb Bryant Miller / The New York Times)
AUSTIN, Texas — A fat sheaf of F.B.I. reports meticulously details the surveillance that counterterrorism agents directed at the one-story house in East Austin. For at least three years, they traced the license plates of cars parked out front, recorded the comings and goings of residents and guests and, in one case, speculated about a suspicious flat object spread out across the driveway.
“The content could not be determined from the street,” an agent observing from his car reported one day in 2005. “It had a large number of multi-colored blocks, with figures and/or lettering,” the report said, and “may be a sign that is to be used in an upcoming protest.”
Actually, the item in question was more mundane.
“It was a quilt,” said Scott Crow, marveling over the papers at the dining table of his ramshackle home, where he lives with his wife, a housemate and a backyard menagerie that includes two goats, a dozen chickens and a turkey. “For a kids’ after-school program.”
Mr. Crow, 44, a self-described anarchist and veteran organizer of anticorporate demonstrations, is among dozens of political activists across the country known to have come under scrutiny from the F.B.I.’s increased counterterrorism operations since the attacks of Sept. 11, 2001.
Other targets of bureau surveillance, which has been criticized by civil liberties groups and mildly faulted by the Justice Department’s inspector general, have included antiwar activists in Pittsburgh, animal rights advocates in Virginia and liberal Roman Catholics in Nebraska. When such investigations produce no criminal charges, their methods rarely come to light publicly.
But Mr. Crow, a lanky Texas native who works at a recycling center, is one of several Austin activists who asked the F.B.I. for their files, citing the Freedom of Information Act. The 440 heavily-redacted pages he received, many bearing the rubric “Domestic Terrorism,” provide a revealing window on the efforts of the bureau, backed by other federal, state and local police agencies, to keep an eye on people it deems dangerous.
In the case of Mr. Crow, who has been arrested a dozen times during demonstrations but has never been convicted of anything more serious than trespassing, the bureau wielded an impressive array of tools, the documents show.
The agents watched from their cars for hours at a time — Mr. Crow recalls one regular as “a fat guy in an S.U.V. with the engine running and the air-conditioning on” — and watched gatherings at a bookstore and cafe. For round-the-clock coverage, they attached a video camera to the phone pole across from his house on New York Avenue.
They tracked Mr. Crow’s phone calls and e-mails and combed through his trash, identifying his bank and mortgage companies, which appear to have been served with subpoenas. They visited gun stores where he shopped for a rifle, noting dryly in one document that a vegan animal rights advocate like Mr. Crow made an unlikely hunter. (He says the weapon was for self-defense in a marginal neighborhood.)
They asked the Internal Revenue Service to examine his tax returns, but backed off after an I.R.S. employee suggested that Mr. Crow’s modest earnings would not impress a jury even if his returns were flawed. (He earns $32,000 a year at Ecology Action of Texas, he said.)
They infiltrated political meetings with undercover police officers and informers. Mr. Crow counts five supposed fellow activists who were reporting to the F.B.I.
Mr. Crow seems alternately astonished, angered and flattered by the government’s attention. “I’ve had times of intense paranoia,” he said, especially when he discovered that some trusted allies were actually spies.
“But first, it makes me laugh,” he said. “It’s just a big farce that the government’s created such paper tigers. Al Qaeda and real terrorists are hard to find. We’re easy to find. It’s outrageous that they would spend so much money surveilling civil activists, and anarchists in particular, and equating our actions with Al Qaeda.”
The investigation of political activists is an old story for the F.B.I., most infamously in the Cointel program, which scrutinized and sometimes harassed civil rights and antiwar advocates from the 1950s to the 1970s. Such activities were reined in after they were exposed by the Senate’s Church Committee, and F.B.I. surveillance has been governed by an evolving set of guidelines set by attorneys general since 1976.
But the Oklahoma City bombing in 1995 demonstrated the lethal danger of domestic terrorism, and after the Sept. 11 attacks, the F.B.I. vowed never again to overlook terrorists hiding in plain sight. The Qaeda sleeper cells many Americans feared, though, turned out to be rare or nonexistent.
The result, said Michael German, a former F.B.I. agent now at the American Civil Liberties Union, has been a zeal to investigate political activists who pose no realistic threat of terrorism.
“You have a bunch of guys and women all over the country sent out to find terrorism. Fortunately, there isn’t a lot of terrorism in many communities,” Mr. German said. “So they end up pursuing people who are critical of the government.”
Complaints from the A.C.L.U. prompted the Justice Department’s inspector general to assess the F.B.I.’s forays into domestic surveillance. The resulting report last September absolved the bureau of investigating dissenters based purely on their expression of political views. But the inspector general also found skimpy justification for some investigations, uncertainty about whether any federal crime was even plausible in others and a mislabeling of nonviolent civil disobedience as “terrorism.”
Asked about the surveillance of Mr. Crow, an F.B.I. spokesman, Paul E. Bresson, said it would be “inappropriate” to discuss an individual case. But he said that investigations are conducted only after the bureau receives information about possible crimes.
“We do not open investigations based on individuals who exercise the rights afforded to them under the First Amendment,” Mr. Bresson said. “In fact, the Department of Justice and the bureau’s own guidelines for conducting domestic operations strictly forbid such actions.”
It is not hard to understand why Mr. Crow attracted the bureau’s attention. He has deliberately confronted skinheads and Ku Klux Klan members at their gatherings, relishing the resulting scuffles. He claims to have forced corporate executives to move with noisy nighttime protests.
He says he took particular pleasure in a 2003 demonstration for Greenpeace in which activists stormed the headquarters of ExxonMobil in Irving, Tex., to protest its environmental record. Dressed in tiger outfits, protesters carried banners to the roof of the company’s offices, while others wearing business suits arrived in chauffeured Jaguars, forcing frustrated police officers to sort real executives from faux ones.
“It was super fun,” said Mr. Crow, one of the suits, who escaped while 36 other protesters were arrested. “They had ignored us and ignored us. But that one got their attention.”
It got the attention of the F.B.I. as well, evidently, leading to the three-year investigation that focused specifically on Mr. Crow. The surveillance documents show that he also turned up in several other investigations of activism in Texas and beyond, from 2001 to at least 2008.
For an aficionado of civil disobedience, Mr. Crow comes across as more amiable than combative. He dropped out of college, toured with an electronic-rock band and ran a successful Dallas antiques business while dabbling in animal rights advocacy. In 2001, captivated by the philosophy of anarchism, he sold his share of the business and decided to become a full-time activist.
Since then, he has led a half-dozen groups and run an annual training camp for protesters. (The camps invariably attracted police infiltrators who were often not hard to spot. “We had a rule,” he said. “If you were burly, you didn’t belong.”) He also helped to found Common Ground Relief, a network of nonprofit organizations created in New Orleans after Hurricane Katrina.
Anarchism was the catchword for an international terrorist movement at the turn of the 20th century. But Mr. Crow, whose e-mail address contains the phrase “quixotic dreaming,” describes anarchism as a kind of locally oriented self-help movement, a variety of “social libertarianism.”
“I don’t like the state,” he said. “I don’t want to overthrow it, but I want to create alternatives to it.”
This kind of talk appears to have baffled some of the agents assigned to watch him, whose reports to F.B.I. bosses occasionally seem petulant. One agent calls “nonviolent direct action,” a phrase in activists’ materials, “an oxymoron.” Another agent comments, oddly, on Mr. Crow and his wife, Ann Harkness, who have been together for 24 years, writing that “outwardly they did not appear to look right for each other.” At a training session, “most attendees dressed like hippies.”
Such comments stand out amid detailed accounts of the banal: mail in the recycling bin included “a number of catalogs from retail outlets such as Neiman Marcus, Ann Taylor and Pottery Barn.”
Mr. Crow said he hoped the airing of such F.B.I. busywork might deter further efforts to keep watch over him. The last documents he has seen mentioning him date from 2008. But the Freedom of Information Act exempts from disclosure any investigations that are still open.
“I still occasionally see people sitting in cars across the street,” he said. “I don’t think they’ve given up.”
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When Will We All Need to Carry Identity Papers? September 1, 2010
Posted by rogerhollander in Civil Liberties, Human Rights, Immigration, Race, Racism.Tags: civil liberties, identity papers, immigrant, Immigration, jerry lanson, police state, Race, racial profiling, racism, roger hollander
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by Jerry Lanson
Once again, what we don’t know about the erosion of rights in this country can be as bad as what we do.
While Americans debate and litigate the Arizona law authorizing search and seizure of anyone police “reasonably suspect” to be an illegal immigrant, U.S. immigration officials on trains and buses up to 100 miles south of the Canadian border are confronting and sometimes strip-searching dark-skinned passengers whose only “crime” may be that they bought a public-transportation ticket to travel within the United States, The New York Times reports.
It’s part of what some consider the new and improved border patrols to protect “the homeland” from potential terrorists. No matter that the kind of people being stopped, The Times reports, include an 60-year-old Ecuadoran-born U.S. citizen who carries a passport while visiting her sister in the Midwest because she’s been stopped before and hassled without it. No matter that it includes a Taiwanese-born PhD student who, two days after delivering a paper at a Chicago conference, was taken from a train — one that had never crossed any borders — in Batavia, N.Y., strip-searched in a detention center and held, facing detention, because his visa had expired. No matter that a 21-year-old Long Island high school graduate was taken from the Lake Shore Limited in Rochester, N.Y., held for three weeks while her mother frantically tried to reach her and released at night at a rural Texas gas station.
These are not rumors. They are true stories, reported and told by The New York Times. They smack of overt racial profiling: How many blue-eyed Swedes and fair-skinned Russians do you think have been stopped on the trains and buses, whether they are gangsters, terrorists or simply PhD students? And they raise chilling reminders of World War II movies in which Nazi soldiers would walk down the aisles of trains looking for Jews.
“It’s turned into a police state on the northern border,” Cary M. Jensen, director of international services for the University of Rochester told The Times. He said foreign students, scholars and parents all have been questioned and, in some cases, jailed because the patrol did not recognize their legal status, the paper reports.
As I said, some Americans, frightened by our decade of war and fearful of anyone “different,” will applaud the newfound vigilance of immigration officials. Some, no doubt, were among the tens of thousands who flocked to the Lincoln Memorial this weekend to hear calls that America return to a more honorable time when we didn’t have to worry about foreigners (read non-white foreigners) crossing our borders. Just when that was I’m not sure since we are a nation founded by the poor and persecuted.
What the Tea Party folks may not be thinking is that this is how police states start. I wonder how they’d feel as white Americans (and the Tea Party is white) if police in Mexico pulled them off a train and threw them in jail because they’d forgotten to carry identity papers?
As for the rest of us, perhaps it’s time to do more than yawn and turn on that new flat screen TV to catch pre-season football. My father fled Hitler’s Germany on foot in 1935, walking through the mountains into what was then Czechoslovakia. If he taught me one thing it was this: What happened there can happen anywhere. That is why even as an American Army vet and longtime U.S. citizen, he never let his passport expire. He was always prepared to move on.
War and fear erode a country’s moral compass and distort its sense of just action. Subtly for most, we’ve lived in a state of both for nearly a decade. And in the process — a little domestic wire-tapping here, a few false arrests of foreign-born there — we’ve begun to accept the significant erosion of the very principles on which this country was founded: its openness, its acceptance of difference, and its welcoming of those with little in their wallets, but with an ethic of hard work and a can-doism that’s always allowed this country to be inventive and thrive.
These were captured in the Emma Lazarus poem taught to all school children and mounted at the Statue of Liberty:
Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!
Be sure to tell those huddled masses not to ride the buses or the Lake Shore Limited routes from Chicago to New York. In the Buffalo sector alone, the border patrol reports arresting 1,050 on trains, buses and the stations of both in the six months between October 2007 and April 2008, The New York Times reports. That’s roughly six people a day.
The Buffalo sector didn’t say how many people were questioned and let go. Or how many of those arrests proved false.
You may shrug. Not your issue. I hope not. Me? I’ll keep my passport current.
Memos Provide Blueprint for Police State March 4, 2009
Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush.Tags: al-Qaeda, berkeley law school, bush justice department, cia, constitution, enemy combatants, eric holder, federal maiming statute, first amendment, fourth amendment, freedom of press, Freedom of speech, geneva conventions, international treaties, interrogation, jay bybee, john yoo, marjorie cohn, national lawyers guild, office professional responsibility, opr, police state, roger hollander, steven bradbury, Taliban, torture convention, torture memo, torutre, warrantless searches, warrantless seizures, waterboarding
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Seven ne wly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.
Who wrote these memos? All but one were crafted in whole or in part by the infamous John Yoo and Jay Bybee, authors of the so-called “torture memos” that redefined torture much more narrowly than the U.S. definition of torture, and counseled the President how to torture and get away with it. In one memo, Yoo said the Justice Department would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.
What does the federal maiming statute prohibit? It makes it a crime for someone “with the intent to torture, maim, or disfigure” to “cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person.” It further prohibits individuals from “throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance” with like intent.
The two torture memos were later withdrawn after they became public because their legal reasoning was clearly defective. But they remained in effect long enough to authorize the torture and abuse of many prisoners in U.S. custody.
The seven memos just made public were also eventually disavowed, several years after they were written. Steven Bradbury, the Principal Deputy Assistant Attorney General in Bush’s Department of Justice, issued two disclaimer memos – on October 6, 2008 and January 15, 2009 – that said the assertions in those seven memos did “not reflect the current views of this Office.” Why Bradbury waited until Bush was almost out of office to issue the disclaimers remains a mystery. Some speculate that Bradbury, knowing the new administration would likely release the memos, was trying to cover his backside.
Indeed, Yoo, Bybee and Bradbury are the three former Justice Department lawyers that the Office of Professional Responsibility singled out for criticism in its still unreleased report. The OPR could refer these lawyers for state bar discipline or even recommend criminal charges against them.
In his memos, Yoo justified giving unchecked authority to the President because the United States was in a “state of armed conflict.” Yoo wrote, “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” Yoo made the preposterous argument that since deadly force could legitimately be used in self-defense in criminal cases, the President could suspend the Fourth Amendment because privacy rights are less serious than protection from the use of deadly force.
Bybee wrote in one of the memos that nothing can stop the President from sending al Qaeda and Taliban prisoners captured overseas to third countries, as long as he doesn’t intend for them to be tortured. But the Convention Against Torture, to which the United States is a party, says that no country can expel, return or extradite a person to another country “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Bybee claimed the Torture Convention didn’t apply extraterritorially, a proposition roundly debunked by reputable scholars. The Bush administration reportedly engaged in this practice of extraordinary rendition 100 to 150 times as of March 2005.
The same day that Attorney General Eric Holder released the memos, the government revealed that the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri, both of whom were subjected to waterboarding. The memo that authorized the CIA to waterboard, written the same day as one of Yoo/Bybee’s torture memos, has not yet been released.
Bush insisted that Zubaida was a dangerous terrorist, in spite of the contention of one of the FBI’s leading al Qaeda experts that Zubaida was schizophrenic, a bit player in the organization. Under torture, Zubaida admitted to everything under the sun – his information was virtually worthless.
There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.
Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.


















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Most of these – and all the future ones still in development – weapons have one and only one purpose: to be used against Amereichan citizens who have the balls to dissent against the U.S. government. Think about that. Anyone thinking we still live in a democracy needs to have their blinders ripped off.
The Evil Empire’s ways come home to discipline and punish the citizenry.