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‘Death of a Prisoner’ at Obama’s Guantánamo January 11, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
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Roger’s note: WATCH THE VIDEO: http://www.youtube.com/watch?v=IO2gwKLKHOo

 

Published on Friday, January 11, 2013 by The New York Times

 

When President Obama pledged to close the Guantánamo Bay prison on his first day in office as president in 2009, I believed the country had shifted direction. I was wrong. Four years later, President Obama has not only institutionalized Guantánamo and all the horrors it symbolizes, but he has initiated new extrajudicial programs, like the president’s secret kill list.

In September 2012 I read the news that another prisoner at Guantánamo had died, and I knew I had probably met his family. I traveled to Yemen in 2007 with the idea of making a film about a Guantánamo prisoner. I went there with the Guantánamo lawyer David Remes. He met with families and delivered the news of their sons, brothers, fathers and husbands. I had hoped to film the journey of someone being released from Guantánamo and returning home. Five years later, I find myself making that film, but under tragic circumstances.

Adnan Farhan Abdul Latif recently died in solitary confinement at Guantánamo at age 36, after nearly 11 years of imprisonment there, despite never having been charged with a crime. Last month his body was returned to his family in Yemen, but we are left with many unanswered questions about his imprisonment and death.

Mr. Latif’s death is under investigation by the United States military, which claims he committed suicide from an overdose of prescription medication complicated by acute pneumonia. But that’s hard to take at face value. Why was he placed in solitary confinement when he was suffering from acute pneumonia? How could he have overdosed on medication, given the strict protocols at Guantánamo? Why did it take three months for the body to be returned to Yemen? And finally, why are his autopsy and toxicology report classified and being withheld from his family?

These questions are not just about Adnan Latif.  They also address the injustices that our government has instituted and normalized in the war on terror.

© 2012 The New York Times

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Laura Poitras

Laura Poitras is an Academy Award-nominated documentary filmmaker. She is currently working on a trilogy of films about post-9/11 America. She is the recipient of a 2012 MacArthur Fellowship and is on the board of the Freedom of the Press Foundation.

Does the Black Political Class Actually Protect or Defend Black People? If Not, What Do They Do? May 12, 2012

Posted by rogerhollander in Democracy, Economic Crisis, Poverty, Race.
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Wed, 05/09/2012 – 14:43 — Bruce A. Dixon

 

By BAR managing editor Bruce A. Dixon

Do the black political class, our preachers, leading business people, and thousands of appointed and elected officials actually do us much good? Do they protect or defend us? Do they carry our wishes and will to the seats of power. Or do they just “represent” us by merely being there doing the bidding of corporate funders?

Does the Black Political Class Actually Protect or Defend Black People? If Not, What Do They Do?

By BAR managing editor Bruce A. Dixon

Let’s take a trip to an imaginary black America, a place in which black leaders regularly stood on their hind legs to safeguard and protect the interest of their constituents against greedy banksters and institutional racism in the job, credit and housing markets. It’s a pretend world where African American politicians are busily engaged in building and expanding opportunity for all, and leading the fight for peace, jobs, justice, and quality education and participatory democracy. It’s a mythical place where prominent blacks in the business world too, work to create good jobs and stable communities and provide key support to the civic organizations engaged in this work as well.

Imagine that the Katrina disaster had occurred in such an imaginary world. Black America’s best and brightest would have convened hundreds of meetings and workgroups in real and virtual spaces across the country. Urban planners, educators, and professionals of all stripes would have speedily devised just and equitable plans for regional education, transit, agriculture, tourism and more. They would have insisted that the six figure number of black Gulf Coast residents deported to the four corners of the continental US on buses paid for by charitable donations to the Red Cross be returned and put to work rebuilding a just and sustainable region. This single example reveals that such a world, if it did exist would differ so profoundly from the one we know as to be almost unrecognizable.

In the real world that does exist, we now have more than 10,000 black elected officials, from small town mayors and sheriffs up to forty-some reps in Congress and the president. Still, black unemployment, black incarceration rates, foreclosures on black homeowners and the gap between black and white family wealth are at or near all time highs, with not a one of these key indicators moving rapidly in any good direction.

Black faces are found more often than ever in corporate boardrooms. Chevron named a tanker after Condoleezza Rice, one of its longtime board members. In recent years, black corporate execs have run the NAACP, the National Urban League and big-city school systems like Atlanta, where public schools CEO Erroll Davis boasts that he learned all he needed to know about running a school system in his time on the board of BP. Black-owned and operated banks in cities like New York are heavily invested in gentrifying developments that push African Americans out of the five boroughs toward the suburban periphery, or in many cases, back to the South. Some contend that it is the shriveling of urban housing and job markets in places like Chicago, Cleveland, New York and Detroit that accounts for the net flow of black population in the twenty-first century reversing from the north back to the south, something not seen in almost a hundred years.

National black leaders, even with popular winds at their backs were unable to prevent the legal lynching of Troy Davis. Since the freelance killing of Trayvon Martin more than thirty police and vigilante killings of young blacks have occurred, and our leaders can’t point to even the beginnings of any official process on the national level aimed at preventing the next thirty. Like the man whose lower lip brush the ground and whose upper lip caresses the clouds, they are all mouth.

Local black political leaders in places like Columbia SC and Atlanta GA have proved as vicious toward the homeless as any of their white colleagues. Black mayors like Philly’s Michael Nutter have endorsed widespread stop-and-frisk policies that presumptively criminalize black youth, and like his black and white counterparts in City Halls across the land, the mayor of Philadelphia tells parents and children that there is no alternative to the piecemeal destruction of public education, driving it into a crisis whose only solution, we will be told, is privatization. The black mayor of Newark is pushing to privatize that city’s water system, and the black mayor of Atlanta has proposed taxing rainwater that some catch as an alternative to the city’s wate rsupply.

At the 2004 Democratic convention, pointedly held on and constantly referring to the anniversary of King’s 1963 March on Washington, Barack Obama gathered more than 20 African American generals and admirals on stage around him, hypocritically linking their mission with that of the apostle of economic justice and nonviolence. Despite the fact that black America is the most antiwar segment of the US population, Barack Obama has boosted military spending to all time highs, has put more troops in more countries than any of his predecessors, and is waging wars in more countries, including African countries than any president in recent memory.

At that Democratic convention, just like the one in North Carolina this year, the goodie bags and receptions will be held by AT&T, the nuclear industry, GE and GM, Big Oil, Big Ag, Big Insurance, drone manufacturers and “defense” contractors, defending US interests in more than 140 countries. Nobody will be the least surprised when Barack Obama again proclaims himself the president of “clean coal and safe nuclear power.” For the black political class, the road leads to exactly the same destination as their white counterparts.

The Congressional Black Caucus and the CBC Foundation like the careers of most black politicians, and traditional civil rights organizations, from NAN to NAACP, the Urban League, National Coalition on Black Civic Participation and the National Conference of Black State Legislators, is funded by the generous contributions of actors like Microsoft, Boeing, Lockheed, Wal-Mart, Bank of America, Wells Fargo and on and on and on on and on. It’s hard to regard most of the black political class these days as anything but sock puppets for the folks who fund their careers.

The Congressional Black Caucus still stages a weeklong annual celebration of itself and the black political class. A look at its weeklong agenda any time over last few years shows lots of relationship workshops, celebrity meet-and-greets and workshops on how to be a black military subcontractor, a black real estate developer, a movie producer, or a contractor with the Department of Homeland Security. You will search in vain for workshops on how to organize to protect black homeowners and keep them in their homes, how to prevent municipal and state privatizations of transit, education and infrastructures, how to organize unions and strike for better wages and conditions, or sessions how to obtain permanent title to vacant urban land for community agriculture projects.

There are a handful of corporate actors, like Koch Industries and Exxon-Mobil that give exclusively or mainly to Republicans. But these are relatively few, and there are some big players that give mostly to Democrats as well. For the most part however, corporate America is happily bipartisan, with a pronounced bias toward incumbents of whatever party and color, and only too happy to shine on the favorite charities of black congresscreatures in the inner city, or Tom Joyner’s computer giveaways, or pet charter schools in black communities, to name just a few.

President Barack Obama, far from being the exception to this rule, will be standing atop a heap of more than one billion dollars in direct corporate contributions to his re-election campaign this year, in addition to another billion in indirect contributions to super-PACs, state and national Democratic parties, and other channels, even without the nickels and dimes of a diminishing number of hopeful ordinary people.

Since it doesn’t protect us, doesn’t defend our jobs, our homes, our education, our children or our elderly, all that the black political class can do for black people, all they can do to prolong their careers, is to wave in our faces the rancid racism of their Republican colleagues. And that’s what Republicans are —- not their rivals, but their colleagues. Keeping the black conversation focused on what racist s.o.bs these Republicans are is vital to the survival of the black political class. It takes attention away from the fact that black politicians in power, of whatever party, no matter what they say on the campaign trail, pursue roughly the same policies in office, in keeping with the fact that they all have the same funders.

The ideology of the black political class is best described with the clumsy world “representationalism”. It’s supposed to “represent” us, mostly by looking like us, but while not defending our children or elderly, not protecting our families or jobs or institutions, not defending our political gains or the public sector that our advocacy built. And the last thing the black political class will do is argue with militarism or war, even though these penalize black communities and nonwhite people around the world. It is only now, with the ascension of a black president, prominent blacks in all branches of the military, courts and corporate American that the end of the representationalist rainbow can clearly be seen. This is it. This is as good as it gets.

It’s time for something completely different. It’s been a long time since we had black leadership that didn’t depend on corporate America for its funding. But until our people can throw up new leaders and mass organizations whose bills aren’t paid by corporate elites, little will change. It’s time for all of us, and especially for those who would be leaders to let pharaoh go.

Bruce A. Dixon is managing editor at Black Agenda Report, and a member of the state committee of the Georgia Green Party. Contact him at bruce.dixon(at)blackagendareport.com.

Obama drops bombshell: Announces trade embargo against China and Saudi Arabia April 27, 2012

Posted by rogerhollander in Cuba, Democracy, Humor, Latin America.
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In one of the most bizarre moments ever witnessed at a presidential news conference, President Obama was taken aback when confronted by the  former doyenne and rare iconoclast amongst White House correspondents Helen Thomas.  The latter, who had lost her credentials for anti-Israel comments, apparently was able to enter the presidential briefing disguised as New York times columnist David Brooks.  Just returned from his highly successful Cartagena Summit, where only a handful of his Secret Service protectors got caught underpaying Colombian hookers (in violation of the principles of the proposed US Colombia free trade agreement and the War on Sin), the President re-iterated his opposition to Cuba’s participation in the OAS  (where only 33 Latin American presidents stood up against the US and Canada, in other words, a technical minority).

 PRESIDENT BARACK OBAMA: Cuba, unlike the other countries that are participating, has not yet moved to democracy, has not yet observed basic human rights. I am hopeful that a transition begins to take place inside of Cuba. And I assure you that I and the American people will welcome the time when the Cuban people have the freedom to live their lives, choose their leaders, and fully participate in this global economy and international institutions.

It was at this point that Thomas qua Brooks went where no White House correspondent had gone before and asked the President how Cuba was any different on human rights violations and democracy than major US trading partners China and Saudi Arabia.  President Obama, a legal scholar and a man known for transparency, honesty and loose change you can believe in, responded with: “Oh my God, you’re right.  I hadn’t noticed.”

The President then surprised everyone by postponing the rest of the conference so that he could confer with his economic advisors to consider this new information.

Several hours later the President returned to announce trade sanctions against the undemocratic and totalitarian regimes of China and Saudi Arabia.  In his statement Obama belittled the loss of Saudi oil, saying that it only represents 11% of US imports and that could be made up by draining more oil from our loyal Canadian neighbors, where the Harper Conservative government (a government with an absolute majority in parliament despite only 40% of the popular vote — a singular strength of Canadian democracy) was the only support against the Latin American ingrates ganging up against North American largesse in Cartagena.  The President added that he had his eyes on all that Canadian fresh water as well.

The President admitted, however,  that the Chinese embargo might present more of a problem for Americans in that amongst China’s major exports to the United States included apparel, footwear and toys and sports equipment.  “As with our successful interventions to bring democracy to Iraq and Afghanistan”, the President noted, “the American people have shown themselves to be more than willing to make sacrifices in the name of democracy.”  The President added that he was particularly concerned about the loss of toys for American children, the vast majority of which come from totalitarian, undemocratic, Communist China (thanks to that notorious pinko Richard Nixon).  He therefore announced that his government would be buying up all the toy outlets from the nation’s number one toy retailer and renaming it Democracy “R” Us.  Children from every nook and corner of America will be invited to learn about democracy in sessions where they will debate and vote on resolutions authored by lobbyists from the military and major corporations including arms manufacturers, big Pharma, Dick Cheney’s oil buddies,  the prison-industrial complex, major HMOs and other paragons of American democracy.

 When asked for a comment, Republican presidential hopeful Mitt Romney stated that he was too busy trying to find a way to convince Evangelical Christians that Mormonism is not a cult and that his grandparents probably were not polygamists to be able to make a statement at the moment.  He added, however, that we could count on hearing at least two conflicting opinions from him in the near future.

 

 

 

Obama Justice and medical marijuana April 26, 2012

Posted by rogerhollander in Barack Obama, Criminal Justice, Drugs.
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Cannabis plants grow at Northwest Patient Resource Center in Seattle, Wash. (Credit: Reuters/Cliff DesPeaux)

 

The President’s justification for his crackdown on medical marijuana dispensaries has to be heard to be believed

President Obama gave an interview to Rolling Stone‘s Jann Wenner this week and was asked about his administration’s aggressive crackdown on medical marijuana dispensaries, including ones located in states where medical marijuana is legal and which are licensed by the state; this policy is directly contrary to Obama’s campaign pledge to not “use Justice Department resources to try and circumvent state laws about medical marijuana.” Here’s part of the President’s answer:

I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana – and the reason is, because it’s against federal law. I can’t nullify congressional law. I can’t ask the Justice Department to say, “Ignore completely a federal law that’s on the books” . . . .

The only tension that’s come up – and this gets hyped up a lot – is a murky area where you have large-scale, commercial operations that may supply medical marijuana users, but in some cases may also be supplying recreational users. In that situation, we put the Justice Department in a very difficult place if we’re telling them, “This is supposed to be against the law, but we want you to turn the other way.” That’s not something we’re going to do.

Aside from the fact that Obama’s claim about the law is outright false — as Jon Walker conclusively documents, the law vests the Executive Branch with precisely the discretion he falsely claims he does not have to decide how drugs are classified — it’s just extraordinary that Obama is affirming the “principle” that he can’t have the DOJ “turn the othe way” in the face of lawbreaking. As an emailer just put it to me: “Interesting how this principle holds for prosecuting [medical] marijuana producers in the war on drugs, but not for prosecuting US officials in the war on terror. Or telecommunications companies for illegal spying. Or Wall Street banks for mortgage fraud.”

That’s about as vivid an expression of the President’s agenda, and his sense of justice, and the state of the Rule of Law in America, as one can imagine. The same person who directed the DOJ to shield torturers and illegal government eavesdroppers from criminal investigation, and who voted to retroactively immunize the nation’s largest telecom giants when they got caught enabling criminal spying on Americans, and whose DOJ has failed to indict a single Wall Street executive in connection with the 2008 financial crisis or mortgage fraud scandal, suddenly discovers the imperatives of The Rule of Law when it comes to those, in accordance with state law, providing medical marijuana to sick people with a prescription.

Western justice and transparency January 23, 2012

Posted by rogerhollander in Barack Obama, Criminal Justice, War on Terror.
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By Glenn Greenwald, www.salon.com

Anwar Awlaki and Barack Obama

Anwar Awlaki and Barack Obama   (Credit: AP)

On Saturday in Somalia, the U.S. fired missiles from a drone and killed the 27-year-old Lebanon-born, ex-British citizen Bilal el-Berjawi. His wife had given birth 24 hours earlier and the speculation is that the U.S. located him when his wife called to give him the news. Roughly one year ago, El-Berjawi was stripped of his British citizenship, obtained when his family moved to that country when he was an infant, through the use of a 2006 British anti-Terrorism law — passed after the London subway bombing — that the current government is using with increasing frequency to strip alleged Terrorists with dual nationality of their British citizenship (while providing no explanation for that act). El-Berjawi’s family vehemently denies that he is involved with Terrorism, but he was never able to appeal the decree against him for this reason:

Berjawi is understood to have sought to appeal against the order, but lawyers representing his family were unable to take instructions from him amid concerns that any telephone contact could precipitate a drone attack.

Obviously, those concerns were valid. So first the U.S. tries to assassinate people, then it causes legal rulings against them to be issued because the individuals, fearing for their life, are unable to defend themselves. Meanwhile, no explanation or evidence is provided for either the adverse government act or the assassination: it is simply secretly decreed and thus shall it be.

Exactly the same thing happened with U.S. citizen Anwar Awlaki. When the ACLU and CCR, representing Awlaki’s father, sued President Obama asking a federal court to enjoin the President from killing his American son without a trial, the Obama DOJ insisted (and the court ultimately accepted) that Awlaki himself must sue on his own behalf. Obviously, that was impossible given that the Obama administration was admittedly trying to kill him and surely would have done so the minute he stuck his head up to contact lawyers (indeed, the U.S. tried to kill him each time they thought they had located him, and then finally succeeded). So again in the Awlaki case: the U.S. targets someone for death, and then their inability to defend themselves is used as a weapon to deny their legal rights.

The refusal to provide transparency is also the same. Ever since Awlaki was assassinated, the Obama administration has steadfastly refused to disclose not only any evidence to justify the accusations of Terrorism against him, but also the legal theories it is using to assert the power to target U.S. citizens for death with no charges. A secret legal memo authorizing the Awlaki assassination, authored by Obama lawyers David Baron and Marty Lederman, remains secret. During the Bush years, Democratic lawyers vehemently decried the Bush DOJ’s refusal to release even OLC legal memoranda as tyrannical “secret law.” One of the lawyers most vocal during the Bush years about the evils of “secret law,” Dawn Johnsen (the never-confirmed Obama appointee to be chief of the OLC) told me back in October: “I absolutely do not support the concealment of OLC’s Awlaki memo . . . .The Obama administration should release either any existing OLC memo explaining why it believes it has the authority for the targeted killings or a comparably detailed legal analysis of its claimed authorities.”

A Daily Beast report today says that the Obama administration “is finally going to break its silence” on the Awlaki killing, but here’s what they will and will not disclose:

In the coming weeks, according to four participants in the debate, Attorney General Eric Holder Jr. is planning to make a major address on the administration’s national-security record. Embedded in the speech will be a carefully worded but firm defense of its right to target U.S. citizens. . . .

An early draft of Holder’s speech identified Awlaki by name, but in a concession to concerns from the intelligence community, all references to the al Qaeda leader were removed. As currently written, the speech makes no overt mention of the Awlaki operation, and reveals none of the intelligence the administration relied on in carrying out his killing.

In other words, they’re going to dispatch Eric Holder to assert that the U.S. Government has the power to target U.S. citizens for assassination by-CIA-drone, but will not even describe a single piece of evidence to justify the claim that Awlaki was guilty of anything. In fact, they will not even mention his name. As Marcy Wheeler said today:

This is simply an asinine compromise. We all know the Administration killed Awlaki. We all know the Administration used a drone strike to do so. . . .

The problem–the problem that strikes at the very heart of democratic accountability–is that the Administration plans to keep secret the details that would prove (or not) that Awlaki was what the Administration happily claims he is under the veil of anonymity, all while claiming that precisely that information is a state secret.

The Administration seems to be planning on making a big speech on counterterrorism–hey! it’s another opportunity to brag again about offing Osama bin Laden!–without revealing precisely those details necessary to distinguish this killing, and this country, from that of an unaccountable dictator.

The CIA seems to have dictated to our democratically elected President that he can’t provide the kind of transparency necessary to remain a democracy. We can kill you–they appear to be planning to say–and we’ll never have to prove that doing so was just. You’ll just have to trust us!

That, of course, is the heart and soul of this administration’s mentality when it comes to such matters, and why not? Between Republicans who always cheer on the killing of Muslims with or without any explanation or transparency, and Democrats who do so when their leader is the assassin, there is little political pressure to explain themselves. If anything, this planned “disclosure” makes the problem worse, since we will now have the spectacle of Eric Holder, wallowing in pomp and legal self-righteousness, finally defending the power that Obama already has seized — to assassinate U.S. citizens in secret and with no checks — but concealing what is most needed: evidence that Awlaki was what the U.S. Government claims he is. That simply serves to reinforce the message this Government repeatedly sends: as Marcy puts it, “We can kill you and we’ll never have to prove that doing so was just. You’ll just have to trust us!” The Yemen expert Gregory Johnsen added: “The US legal opinion on Awlaki is one thing, but it rests on assumptions made by the intelligence community, which won’t be revealed.”

This no longer seems radical to many — it has become normalized — because it’s been going on for so long now and, more important, it is now fully bipartisan consensus. But to see how extreme this all really is, to understand what a radical departure it is, just consider what George Bush’s neocon Ambassador to Israel, Martin Indyk, told the Israelis in 2001, as flagged by this Guardian Op-Ed by Mary Ellen O’Connell comparing Obama’s assassinations to Bush’s torture program:

The United States government is very clearly on the record as against targeted assassinations. They are extrajudicial killings, and we do not support that.

What George Bush’s Ambassador condemned to the Israelis’ face just a decade ago as something the nation was steadfastly against has now become a staple of government policy: aimed even at its own citizens, and carried out with complete secrecy. And those who spent years mocking the notion that “9/11 Changed Everything” will have no choice but to invoke that propagandistic mantra in order to defend this: what else is there to say?

Glenn Greenwald
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Secret US Memo Made Legal Case to Kill a Citizen October 9, 2011

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, War on Terror.
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Roger’s note: I would like to make a couple of points here.  The infamous Office of Legal Counsel (to the president) is already discredited for its justifications of the Bush/Cheney torture regime.  One is reminded that all the Nazi crimes were committed under the color of law (Hitler had his own “Office of Legal Counsel”).  With respect to the substance of the argument presented in the article below that justifies legally the killing of an American citizen by executive order, it depends entirely on the fact that Bush and Obama have defined the entire globe as the “battlefield” in the so-called War on Terror.  Individual acts of terrorism have rightly and traditionally been a matter for policing, not all out warfare (which results in massive “collateral damage,” that is, the killing of innocent civilian bystanders). 

(Ironically and tragically, the non-individual and massive acts of terror that could be described as war-like, are those being undertaken by the United States government with its invasions of foreign countries and its murderous drone missile strikes that have killed thousands of innocent bystanders.)

The memo in effect asserts that if the president decides that any person anywhere in the world, is a threat to the United States, US citizen or no,  he or she can be murdered on nothing more than his say-so.  That is enough “due process.”

Sunday 9 October 2011
by: Charlie Savage, The New York Times News Service         | Report

Washington – The Obama administration’s secret legal memorandum that opened the door to the killing of Anwar al-Awlaki, the American-born radical Muslim cleric hiding in Yemen, found that it would be lawful only if it were not feasible to take him alive, according to people who have read the document.

The memo, written last year, followed months of extensive interagency deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made byPresident Obama — to move ahead with the killing of an American citizen without a trial.

The secret document provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine to permit the targeted killing of any Americans believed to pose a terrorist threat.

The Obama administration has refused to acknowledge or discuss its role in the drone strike that killed Mr. Awlaki last month and that technically remains a covert operation. The government has also resisted growing calls that it provide a detailed public explanation of why officials deemed it lawful to kill an American citizen, setting a precedent that scholars, rights activists and others say has raised concerns about the rule of law and civil liberties.

But the document that laid out the administration’s justification — a roughly 50-page memorandum by the Justice Department’s Office of Legal Counsel, completed around June 2010 — was described on the condition of anonymity by people who have read it.

The legal analysis, in essence, concluded that Mr. Awlaki could be legally killed, if it was not feasible to capture him, because intelligence agencies said he was taking part in the war between the United States and Al Qaeda and posed a significant threat to Americans, as well as because Yemeni authorities were unable or unwilling to stop him.

The memorandum, which was written more than a year before Mr. Awlaki was killed, does not independently analyze the quality of the evidence against him.

The administration did not respond to requests for comment on this article.

The deliberations to craft the memo included meetings in the White House Situation Room involving top lawyers for the Pentagon, State Department, National Security Council and intelligence agencies.

It was principally drafted by David Barron and Martin Lederman, who were both lawyers in the Office of Legal Counsel at the time, and was signed by Mr. Barron. The office may have given oral approval for an attack on Mr. Awlaki before completing its detailed memorandum. Several news reports before June 2010 quoted anonymous counterterrorism officials as saying that Mr. Awlaki had been placed on a kill-or-capture list around the time of the attempted bombing of a Detroit-bound airliner on Dec. 25, 2009. Mr. Awlaki was accused of helping to recruit the attacker for that operation.

Mr. Awlaki, who was born in New Mexico, was also accused of playing a role in a failed plot to bomb two cargo planes last year, part of a pattern of activities that counterterrorism officials have said showed that he had evolved from merely being a propagandist — in sermons justifying violence by Muslims against the United States — to playing an operational role in Al Qaeda in the Arabian Peninsula’s continuing efforts to carry out terrorist attacks.

Other assertions about Mr. Awlaki included that he was a leader of the group, which had become a “cobelligerent” with Al Qaeda, and he was pushing it to focus on trying to attack the United States again. The lawyers were also told that capturing him alive among hostile armed allies might not be feasible if and when he were located.

Based on those premises, the Justice Department concluded that Mr. Awlaki was covered by the authorization to use military force against Al Qaeda that Congress enacted shortly after the terrorist attacks of Sept. 11, 2001 — meaning that he was a lawful target in the armed conflict unless some other legal prohibition trumped that authority.

It then considered possible obstacles and rejected each in turn.

Among them was an executive order that bans assassinations. That order, the lawyers found, blocked unlawful killings of political leaders outside of war, but not the killing of a lawful target in an armed conflict.

A federal statute that prohibits Americans from murdering other Americans abroad, the lawyers wrote, did not apply either, because it is not “murder” to kill a wartime enemy in compliance with the laws of war.

But that raised another pressing question: would it comply with the laws of war if the drone operator who fired the missile was a Central Intelligence Agency official, who, unlike a soldier, wore no uniform? The memorandum concluded that such a case would not be a war crime, although the operator might be in theoretical jeopardy of being prosecuted in a Yemeni court for violating Yemen’s domestic laws against murder, a highly unlikely possibility.

Then there was the Bill of Rights: the Fourth Amendment’s guarantee that a “person” cannot be seized by the government unreasonably, and the Fifth Amendment’s guarantee that the government may not deprive a person of life “without due process of law.”

The memo concluded that what was reasonable, and the process that was due, was different for Mr. Awlaki than for an ordinary criminal. It cited court cases allowing American citizens who had joined an enemy’s forces to be detained orprosecuted in a military court just like noncitizen enemies.

It also cited several other Supreme Court precedents, like a 2007 case involving a high-speed chase and a 1985 case involving the shooting of a fleeing suspect, finding that it was constitutional for the police to take actions that put a suspect in serious risk of death in order to curtail an imminent risk to innocent people.

The document’s authors argued that “imminent” risks could include those by an enemy leader who is in the business of attacking the United States whenever possible, even if he is not in the midst of launching an attack at the precise moment he is located.

There remained, however, the question of whether — when the target is known to be a citizen — it was permissible to kill him if capturing him instead were a feasible way of suppressing the threat.

Killed in the strike alongside Mr. Awlaki was another American citizen, Samir Khan, who had produced a magazine for Al Qaeda in the Arabian Peninsulapromoting terrorism. He was apparently not on the targeting list, making his death collateral damage. His family has issued a statement citing the Fifth Amendment and asking whether it was necessary for the government to have “assassinated two of its citizens.”

“Was this style of execution the only solution?” the Khan family asked in its statement. “Why couldn’t there have been a capture and trial?”

Last month, President Obama’s top counterterrorism adviser, John O. Brennan, delivered a speech in which he strongly denied the accusation that the administration had sometimes chosen to kill militants when capturing them was possible, saying the policy preference is to interrogate them for intelligence.

The memorandum is said to declare that in the case of a citizen, it is legally required to capture the militant if feasible — raising a question: was capturing Mr. Awlaki in fact feasible?

It is possible that officials decided last month that it was not feasible to attempt to capture him because of factors like the risk it could pose to American commandos and the diplomatic problems that could arise from putting ground forces on Yemeni soil. Still, the raid on Osama bin Laden’s compound in Pakistan demonstrates that officials have deemed such operations feasible at times.

Last year, Yemeni commandos surrounded a village in which Mr. Awlaki was believed to be hiding, but he managed to slip away.

The administration had already expressed in public some of the arguments about issues of international law addressed by the memo, in a speech delivered in March 2010 by Harold Hongju Koh, the top State Department lawyer.

As to whether it would violate Yemen’s sovereignty to fire a missile at someone on Yemeni soil, Yemen’s president secretly granted the United States that permission, as secret diplomatic cables obtained by WikiLeaks have revealed.

The memorandum did assert that other limitations on the use of force under the laws of war — like avoiding the use of disproportionate force that would increase the possibility of civilian deaths — would constrain any operation against Mr. Awlaki.

That apparently constrained the attack when it finally came. Details about Mr. Awlaki’s location surfaced about a month ago, American officials have said, but his hunters delayed the strike until he left a village and was on a road away from populated areas.

© 2011 The New York Times Company
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Cheney Praises Strike, But Seeks Apology October 2, 2011

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Dick Cheney, Torture, War on Terror.
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Roger’s note: Yes, politics indeed  makes strange bedfellows.  You probably couldn’t think of two more polar opposites than Cheney and Obama with respect to background and personality.  But when you choose to take leadership in the American Empire, regardless of who or what you are, you are obliged to follow the dictates of the military, the CIA and the corporate Behemoth: what Eisenhower in his farewell address famously referred to as the military-industrial complex.  The is little or no wiggle room, only nuances.  Obama tortures less (remember, Bagram is still in business) but kills more civilians than Bush/Cheney did with the drones.  And now Obama is executing American citizens with no due process, a fact that, as we can see, gives aid and comfort (and justification) to the architect of the American torture regime.

Published on Sunday, October 2, 2011 by Politico.com

Former Vice President Dick Cheney praised the Obama administration Sunday for ordering the drone strike that killed Anwar al-Awlaki, calling it “a very good strike” and “justified.”

Former Vice President Dick Cheney and his daughter, Liz Cheney. (CNN) But Cheney and his daughter Liz, who appeared together on CNN’s “State of the Union” said President Barack Obama owes the Bush administration an apology.

They said the killing of an American citizen without due process calls into question the president’s past criticisms of the Bush administration for using enhanced interrogation techniques.

“The thing I am waiting for is for the administration to go back and correct something they said two years ago, when they criticized us for quote overreacting to the events of 9/11,” Dick Cheney said. “They in effect said we had walked away from our ideals, taking policy contrary to our ideals when we had enhanced interrogation techniques. They have clearly moved in the direction of taking robust action when they feel it is justified. In this case, it was. They need to go back and reconsider what the president said in Cairo.”

“He said in his Cairo speech (in 2009) for example that he banned torture,” Dick Cheney said. “We were never torturing anyone in the first place. He said We walked away from our basic fundamental ideals. That simply wasn’t the case. What he said then was inaccurate especially now in light of what they are doing with policy.”

Liz Cheney added: “He slandered the nation, and I think he owes an apology to the American people. those are the policies that kept us safe”

But Dick Cheney said Obama was justified in ordering such an attack, even when it involves an American citizen.

“The president has all the authority he needs to order this kind of strike,” Cheney said. “It’s the difference between a law enforcement action and a war. We’re in a war.”

Liz Cheney also praised the administration, but leveled similar criticism of the president’s Cairo speech.

“What concerns me is the damage this president has done,” Liz Cheney said. “The extent to which when the president of the United States goes on on foreign soil saying the United States has abandoned American values … when he does that, he does real damage to our standing in the world.”

© 2011

We Refuse to Live in Fear! September 12, 2011

Posted by rogerhollander in Barack Obama, Civil Liberties.
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Roger’s note: I fell off my chair with laughter yesterday when I read these words from Obama.
 
Published on Monday, September 12, 2011 by Salon.com

 

President Obama, in his weekend radio address to the nation:

They wanted to terrorize us, but, as Americans, we refuse to live in fear.

ABC News, yesterday:

Fighter planes were scrambled, bomb squads were called, FBI command centers went on alert and police teams raced to airports today, but in the end two separate airline incidents were caused by apparently innocent bathroom breaks and a little “making out,” federal officials said.

Earlier this year, the Obama White House reversed the Attorney General’s decision to try Khalid Sheikh Mohammed for his alleged crimes in a federal court in New York, and Congress prohibited Guantanamo detainees generally from being tried on U.S. soil, due to fears that the Terrorists would use their heat-vision to melt their shackles and escape or would summon their Terrorist friends to attack the courthouse and free them into the community — even though none of that has ever happened, and even though almost every other county on the planet that suffered similar Terrorist attacks (Britain, Spain, India, Indonesia) tried the perpetrators in their regular courts in the cities where the attacks occurred.  In 2009, President Obama demanded the power to abolish the most basic right — not to be imprisoned without having been convicted of a crime  — by “preventively detaining” people who, in his words, “cannot be prosecuted yet [] pose a clear danger.”  During the Bush years, The Washington Post quoted a military official warning Americans that the most extreme security measures are needed against Guantanamo detainees because these are “people who would chew through a hydraulic cable to bring a C-17 down.

Meanwhile, America continues to transfer hundreds of billions of dollars to a private Security State industry — for the most ludicrous security systems — to turn itself into what Kevin Drum last week called ”Fortress America.”  Drum quoted from Bob Schieffer’s book in which the CBS News host recounts how “the Pentagon, like most of official Washington, was still open to the public in the 1970s.…No one was required to show identification to enter the building, nor were security passes required.”  But now, writes Drum:

Ordinary office buildings require IDs before they’ll let you in. Taking pictures is a suspicious activity. Airplanes return to the gate because someone in seat 34A got scared of a guy in a turban a couple of rows in front of them. Small children are swabbed down for bomb residue. . . . .

Now compare Schieffer’s recollection with this passage from Wednesday’s New York Times feature, “Fortress D.C.“:

________________________

“Some things are obvious: the Capitol Hill police armed with assault rifles, standing on the Capitol steps; concrete barricades blocking the once-grand entrances to other federal buildings; the surface-to-air missile battery protecting the White House; the National Archives security guards, almost as old as the Declaration of Independence enshrined inside, slowly waving a magnetic wand over all who enter. But most of the post-9/11 security measures have simply been embedded in the landscape and culture of the nation’s capital.

“From the reflecting pool at the foot of the Capitol to the reflecting pool in front of the Lincoln Memorial, government cameras take pictures of citizens, who smile for Big Brother and snap their own pictures of the government cameras. In the $561 million underground Capitol visitors center, completed in 2008, people clutching gallery passes from a senator’s or representative’s office are funneled through magnetometers, to witness a secure Congress in its sealed chambers.” . . . .

________________________

The protective apparatus we’ve put in place, both the less visible surveillance state and the highly visible security state, will be with us forever. And they’ll get worse and worse: If the past decade is any judge, Americans seem willing to put up with an almost unlimited amount of this stuff as long as it’s done in the name of protecting us from terrorism. The only thing that’s provoked any serious reaction at all has been backscatter scanners in airports — and not because they represent any kind of real government overreach, but because people have a knee-jerk revulsion to the idea of having “nude” pictures of themselves taken.

That gets us upset. But hundreds of billions of dollars spent to relentlessly harden the routines of our daily lives? Our apparent attitude toward that, to paraphrase our former president, is “bring it on.”

But remember: “as Americans” — rugged, courageous individualists — “we refuse to live in fear.”  Courtesy of The Daily Mail, enjoy some images of 9/11 Day in the Home of the Brave, including some as the President who delivered that stalwart decree spoke to the nation:

Obviously, reasonable security measures — to protect the President and otherwise — are perfectly appropriate.  But the very idea that America hasn’t been converted into a paramilitarized Nation of Fear is absurd on its face.  Most foreign policy and domestic civil liberties erosions are grounded in little other than that.  Meanwhile, in a New York Times Op-Ed this weekend, Ahmed Rashid describes how rapidly (and predictably) anti-Americanism has grown in Pakistan and Afghanistan over the last several years even among those previously favorable to the United States; perhaps some day we’ll make the connection between what we are doing over there and what we consequently do to ourselves at home.
© 2011 Salon.com

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Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy“, examines the Bush legacy. His next book is titled “With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful.”

So This Is Despair July 26, 2011

Posted by rogerhollander in Barack Obama, Economic Crisis, Right Wing.
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Roger’s note: it feels both surrealistic and nightmarish to think that in what is not much more than a single political moment, the Congress and the President are about to destroy Social Security and Medicare, two of the most fundamental parts of what is left of the social safety net.  Is this really happening?  Has the neo-fascist Christian Fundamentalist right wing lunacy taken full charge?
Tuesday 26 July 2011
by: William Rivers Pitt, Truthout         | Op-Ed

At its best our age is an age of searchers and discoverers, and at its worst, an age that has domesticated despair and learned to live with it happily.

- Flannery O’Connor

It is difficult to describe this emotion. I’m used to disappointment, fairly comfortable with heartbreak, and am well acquainted with rage. Over the course of my lifetime, my presidents have been Nixon, Ford, Carter, Reagan, Bush, Clinton, Bush, and now Obama…and each, in his own way, has been worse than the last.

How can I say that? Easy. The problems of Nixon are still with us, and have grown worse by orders of magnitude through each successive administration. Certain presidents have exacerbated the situation beyond their expected purview, but generally speaking, each one has adopted the worst ideas of his predecessor, and in nearly every instance, has made those problems worse.

But this…this is too much.

The timeline as I understand it: the far-right GOP caucus in the House decided to use the debt limit as a hostage to fortune in their decades-long quest to eliminate Social Security and Medicare. The current Democratic president saw this, and in a pure anti-Lakoffian flail that explains everything you need to know about the man, accepted the deranged premise put before him and went to work on the annihilation of the social safety net…but with the proviso that we find some new tax revenues by closing some loopholes…maybe…please?

Not good enough. House Speaker Boehner walked away from the debt-limit talks, not once but twice, because he can’t control his caucus and because he had this Democratic president right where he wanted him. The president blew up – in as much as “No Drama” Obama ever blows up – and wondered what is needed for the GOP to say “Yes” to anything. Read between the lines of that presser, and you get this: “I tried to give them Social Security. I tried to give them Medicare and Medicaid. I gave those things willingly, despite cries of outrage from my ungrateful, foolish, obnoxious left flank, and asked only for a pittance in tax revenues in exchange. Shame on the GOP for not rampaging these social programs when I offered them the chance to do so.”

Web forums all across the Democratic Party spectrum celebrated the president’s resolve. He showed them, didn’t he?

Well…wait. I saw a president in a state of high piss-off because he tried to give away Social Security and Medicare, but couldn’t convince the far right to take the proffered opportunity. They’ve been trying to do this very thing for three generations, and here is Obama practically sweating bullets in his desire to give them the victory they have pined for since Goldwater was in short pants. Sure, it’s proof that Boehner is at the mercy of the Tea Party freshmen in his caucus, but in which universe is this called victory? This Democratic president was angry because he was being denied the opportunity to preside over an historic roll-back of the New Deal?

Poor baby.

Oh, but we weren’t done yet. The “Grand Bargain” was still in the offing, now splintered into two or three or twelve different iterations, but all ultimately coming down to the same thing: trillions in cuts for the most vulnerable Americans, no new tax revenues from the rich or anyone else, and the bonus prize sought most passionately by the Democrats was the chance to kick this whole fight down the road to 2013, so none of these failures would be forced to address the question before their next all-important election cycle.

Sell out Social Security, Medicare and Medicaid for a chance at an easier ride at the ballot? Where do I sign?

The Bush-era tax cuts for rich people appear nowhere in the discussion, despite the fact that eliminating them would go most of the way towards resolving this “crisis.” We are still fighting three wars, and the “defense” budget remains largely untouchable. I have not heard an American politician talk about jobs in over a year, even though a robust jobs program would add revenue to the budget hand over fist.

At the time of this writing, matters stand thusly:

We don’t yet know what the final deal to raise the debt ceiling will be. But now that Harry Reid is developing a proposal with $2.7 trillion in cuts and nothing in revenues, it’s a safe bet that it won’t include any tax increases. Which means that whether Republicans realize it or not, they’ve won. The question now is whether they can stop.

John Boehner is proposing a deal with about $1 trillion in spending cuts and a short-term increase in the debt ceiling and a bipartisan congressional committee charged with developing a large deficit reduction package that would be immune to amendments and filibusters and would be the price of the next increase in the debt ceiling. Harry Reid is developing a package of spending cuts that Democrats could accept and would reach Boehner’s $2.4 trillion mark.

If you take the Republicans’ goals as avoiding a deal in which they have to vote for tax increases and denying Obama a political victory, it looks like they have succeeded. That success has come with costs – they’ve done themselves political damage, are risking a crisis that could do the economy tremendous harm, and have left the Bush tax cuts unresolved, which means they might end up watching taxes rise much higher than if they’d taken Obama’s offer – but it’s still been a success.

A great many people who should know better continue to look at this situation as if Mr. Obama has some fantastic rabbit he…is…just…waiting to pull out of a hat, thus foiling the GOP and securing our future forever. For a brief moment a couple of weeks ago, I shared that optimism, but the last several days have slapped me soundly out of that fugue state.

I see a president on his knees, hands outstretched, offering the best ideas and policies liberal governance has ever devised up to the voracious carnivore of GOP opportunism. I see the end of the New Deal, and a far crueler America emerging from the aftermath. I see a Democratic president voiding his bladder on all that he is supposed to uphold.

Mr. Obama got on those knees again Monday night, on national television no less, and once again begged the GOP to devour Social Security and Medicare. He gobbled up the flawed, flayed premise of the far-right’s deranged argument, again, and pleaded for the chance to give away the core of what he was elected to defend.

I thought I was done being ashamed of my president.

I was wrong.

William Rivers Pitt is a Truthout editor and columnist.  He is also a New York Times and internationally bestselling author of two books: “War on Iraq: What Team Bush Doesn’t Want You to Know” and “The Greatest Sedition Is Silence.” His newest book, “House of Ill Repute: Reflections on War, Lies, and America’s Ravaged Reputation,” is now available from PoliPointPress.

 TEA PARTY AND THE RIGHT  

Obama Is No Victim of the Right Wing — He’s Pandered to Corporate Interests
for Years

The evidence is clear that Obama is an often-willing servant
of corporate interests — not serving their interests only because the GOP
forced him to.

July 25, 2011  |

//
In a campaign almost as frenzied as the effort to get Barack Obama into the
White House, liberal groups are now mobilizing against the White House and
reported deals that would cut Social Security, Medicare and Medicaid benefits.
They accuse President Obama of being weak and willing to “cave” to corporate and
conservative forces bent on cutting the social safety net while protecting the
wealthy. Those accusations are wrong.

The accusations imply that Obama is on our side. Or was on our side. And that
the right wing is pushing him around.

But the evidence is clear that Obama is an often-willing servant of corporate
interests — not someone reluctantly doing their bidding, or serving their
interests only because Republicans forced him to.

Since coming to Washington, Obama has allied himself with Wall Street
Democrats who put corporate deregulation and greed ahead of the needs of most
Americans.
In 2006, a relatively new Senator Obama was the only senator to
speak at the inaugural gathering of the Alexander Hamilton
Project
launched by Wall Street Democrats like Robert Rubin and Roger
Altman, Bill Clinton’s treasury secretary and deputy secretary. Obama praised
them as “innovative, thoughtful policymakers.” (It was Rubin’s crusade to
deregulate Wall Street in the late ‘90s that led
directly
to the economic meltdown of 2008 and our current crisis.)

In early 2007, way before he was a presidential frontrunner, candidate Obama
was raising more money from Wall
Street interests
than all other candidates, including New York presidential
candidates Hillary Clinton and Rudy Giuliani.

In June 2008, as soon as Hillary ended her campaign, Obama went on CNBC,
shunned the “populist” label and announced: “Look: I am a pro-growth,
free-market guy. I love the market.” He packed his economic team with Wall
Street friends
— choosing one of Bill Clinton’s Wall Street deregulators,
Larry Summers, as his top economic advisor.

A year into his presidency, in a bizarre but revealing
interview
with Business Week, Obama was asked about huge bonuses just
received by two CEOs of Wall Street firms bailed out by taxpayers. He responded
that he didn’t “begrudge” the $17 million bonus to J.P. Mogan’s CEO or the $9
million to Goldman Sachs’ CEO: “I know both those guys, they are very savvy
businessmen,” said Obama. “I, like most of the American people, don’t begrudge
people success or wealth. That is part of the free-market system.”

After any review of Obama’s corporatist ties and positions, the kneejerk
response is: “Yes, but Obama was a community organizer!”

He WAS a community organizer. . .decades before he became president. Back
when Nelson Mandela was in prison and the U.S. government declared him the
leader of a “terrorist organization” while our government funded and armed Bin
Laden and his allies to fight the Soviets in Afghanistan. That’s a long time
ago.

It’s worth remembering that decades before Reagan became president, the great
communicator was a leftwing Democrat and advocate for the working class and big
federal social programs.

The sad truth, as shown by
Glenn Greenwald
,  is that Obama had arrived at the White House looking to
make cuts in benefits to the elderly. Two weeks before his inauguration, Obama
echoed conservative scares about Social Security and Medicare by talking of “red
ink as far as the eye can see.” He opened his doors to Social Security/Medicare
cutters — first trying to get Republican Senator Judd Gregg (“a leading voice
for reining in entitlement spending,” wrote Politico) into his cabinet, and
later appointing entitlement-foe Alan Simpson to co-chair his “Deficit
Commission.” Obama’s top economic advisor, Larry Summers, came to the White
House publicly telling Time magazine of needed Social Security cuts.

At this late date, informed activists and voters who care about economic
justice realize that President Obama is NOT “on our side.”

Independent Senator Bernie Sanders of Vermont — widely seen as “America’s
Senator” — is so disgusted by recent White House actions that he called Friday
for a challenge to Obama in Democratic primaries: “I think it would be a good
idea if President Obama faced some primary opposition.”
Although Sanders has
said clearly that he’s running for reelection to the senate in 2012 — not for
president — his comment led instantly to a Draft Sanders for President
website.

Imagine if a credible candidate immediately threatened a primary challenge
unless Obama rejects any deal cutting the safety net while maintaining tax
breaks for the rich. Team Obama knows that a serious primary challenger would
cost the Obama campaign millions of dollars. And it may well be a powerful
movement-building opportunity for activists tired of feeling hopeless with
Obama.

It’s time for progressives to talk seriously about a challenge
to Obama’s corporatism. Polls show most Americans support economic justice
issues, and that goes double for Democratic primary voters.

If not Bernie, who? If not now, when?

 

Keeping “Secrets and Lies” on Argentina’s Past May 24, 2011

Posted by rogerhollander in Argentina, Human Rights, Latin America.
Tags: , , , , , , , , , , , , , , , , ,
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Published on Tuesday, May 24, 2011 by CommonDreams.org

For a relatively slight margin, the US Congress rejected an amendment by Rep. Maurice Hinchey (D) to declassify files on Argentina’s 1976-1983 military dictatorship. The refusal to declassify files on Argentina is likely to have momentous consequences on the fate of hundreds of babies stolen or “disappeared” during those years. Many of those babies were born in clandestine torture centers, while others were adopted or given in adoption by the same members of the military or police personnel responsible for their parents’ disappearance.

It is not altogether clear whose interests are sought to be protected, but one can hardly imagine that national security, or the work of US spies fighting Al Qaeda, as suggested by House Intelligence Committee Chairman Rep. Mike Rogers (R), may be put in jeopardy by keeping these files in secret. It is not even clear whether President Cristina Kirchner’s administration is interested in having these files in the open. However, if an official request from the Argentine government were submitted, the U.S. government would be hard pressed, as a matter of international comity, not to reveal at least a redacted text of those files.

Aside from governmental interests and politicians’ desires to keep secrets, what is at stake are human lives, victims, and the administration of justice. In 1999, during the Clinton administration, Rep. Hinchey presented a similar amendment for declassifying documents related to General Augusto Pinochet’s administration.  Declassification resulted in the publication of 24,000 documents that proved to be crucial in the prosecution of crimes committed during the Chilean dictatorship.  It provided clear evidence of Pinochet’s connections to the 1976 assassination, in Washington, D.C., of Chilean foreign minister Orlando Letelier, along with his secretary Ronni Karpen Moffitt. Also disclosed was Pinochet secret police’s plans to assassinate former Chilean president Patricio Aylwin, the presidential candidate of the coalition that ultimately defeated General Pinochet in 1988.

In December of 2009,  President  Obama signed an executive order entitled “Classified National Security Information”, stating:  “I expect that the order will produce measurable progress towards greater openness and transparency in the Government’s classification and declassification programs while protecting the Government’s legitimate interests, and I will closely monitor the results.” Failure to disclose information on Argentina’s brutal reign of terror cannot be in the interest of the U.S. Government and, to the extent that it may in the interest of some members of the Argentine Government, it is unlikely that those interests may qualify as “legitimate”.

Both the Mothers of Plaza de Mayo and the Grandmothers of Plaza de Mayo have been searching for decades for their disappeared children and grandchildren. This decision by the U.S. Congress only adds to their difficulties in finding their loved ones. As Representative Hinchey stated, “The United States can play a vital role in lifting the veil of secrecy that has shrouded the terrible human rights abuses of the despotic military regime that ruled Argentina.”  It is about time.

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César Chelala

César Chelala, MD, PhD, is a co-winner of an Overseas Press Club of America award. He is also the foreign correspondent for Middle East Times International (Australia).

Alejandro Garro

Alejandro M. Garro teaches Comparative Law at Columbia Law School and sits at advisory board of Human Rights Watch/Americas, the Center for Justice and International Law, and the Due Process of Law Foundation.

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