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

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

September 23, 2011

By Ralph Lopez

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

Torture Room, Abu Ghraib

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

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

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

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

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

Abu Ghraib Prisoner Smeared with Feces

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

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

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

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

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

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

Abu Ghraib: Dog Bites

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

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

Dilawar

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

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

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

The UK Guardian reports:

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

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

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

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

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

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

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

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

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

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

Exhibit: Dilawar Death Certificate marked “homicide”

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

Dilawar’s daughter and her grandfather

Binyam, Genital-Slicing

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

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

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

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

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

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

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

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

Obama: Torturers’ Last Defense

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

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

Andy Worthington writes that:

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

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

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

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

The UK Guardian writes:

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

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

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

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

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

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

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

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

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

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

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

Exhibit: Abu Ghraib, Female POW

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

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

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

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

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

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

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

Jose Padilla in Military Custody

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

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

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

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

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

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

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

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

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

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

Click here to see the most recent messages sent to congressional reps and local newspapers

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

RELEVANT US CODE:

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

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

Massachusetts Attorney General Martha Coakley:
email:  Email address removed

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

//

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

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

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

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

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

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

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

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

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

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

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

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

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Abu Ghraib Guards Say Memos Show They Were Scapegoats May 1, 2009

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture.
Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,
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by Josh White

When the photos of detainee abuse at the Abu Ghraib prison in Iraq surfaced in 2004, U.S. officials portrayed Army Pvt. Charles A. Graner Jr. as the ringleader of a few low-ranking “bad apples” who illegally put naked Iraqi detainees in painful positions, shackled them to cell doors with women’s underwear on their heads and menaced them with military dogs.

Now, the recent release of Justice Department memos authorizing the use of harsh interrogation techniques has given Graner and other soldiers new reason to argue that they were made scapegoats for policies approved at high levels. They also contend that the government’s refusal to acknowledge those polices when Graner and others were tried undermined their legal defenses.

Graner remains locked up at Fort Leavenworth, Kan., about halfway through a 10-year prison sentence for detainee abuse, assault and dereliction of duty. His lawyer said this week that he is drafting appeals arguments centered largely on the revelations in the memos and a newly released congressional investigation into the interrogation practices.

President George W. Bush “was so disappointed in what happened, yet the whole time he knew what was going on,” said Graner, answering questions through his wife, Megan, who also worked at Abu Ghraib. He is the only one of about a dozen soldiers tried for abuses at the prison who remains incarcerated.

Graner and other defendants — including Lynndie R. England, who was photographed holding a naked detainee by a leash — were blocked by military judges from calling senior U.S. officials to the stand at their trials in 2004 and 2005. The government would not acknowledge any policy or procedure that could have led to what the world saw in the photographs.

Some of what the guards at Abu Ghraib did, such as throwing hooded detainees into walls, echoes tactics authorized in the Justice Department memos, such as “walling,” in which interrogators were allowed to push detainees in CIA custody into a flexible wall designed to make a loud noise.

But the Abu Ghraib photographs also depicted some actions, such as punching or stomping, that bear no relation to the techniques described in the memos, as well as others that were improvised by guards, such as forcing detainees to masturbate or to form human pyramids while naked.

Charles Gittins, a Virginia lawyer who represents Graner, said he has been fuming since reading the memos. He said he has long believed that there was no way Graner and the other Army Reservists invented techniques such as stress positions, leashing and the use of dogs, and he says the documents confirmed his suspicions.

“Once the pictures came out, the senior officials involved in the decision-making, they knew. They knew they had to have a cover story,” Gittins said. ” ‘It was the bad apples led by Charles Graner.’ ”

Gittins said he hopes to convince the Court of Appeals for the Armed Forces that top officials improperly influenced the court and kept evidence from the defense.

According to the memos and congressional documents, U.S. officials reverse-engineered techniques from U.S. survival training courses designed to teach troops how to endure capture and interrogation. Justice and Defense department officials approved the use of dogs, nudity, stress positions, sleep deprivation and other techniques.

Those tactics, according to the documents, were put into use at the facility at Guantanamo Bay, Cuba, and in the CIA’s secret prisons, and eventually were adopted in Afghanistan and Iraq after then-Defense Secretary Donald H. Rumsfeld’s approval was forwarded from officials at Guantanamo to Capt. Carolyn Wood, a military intelligence officer. She told investigators that she then sought approvals in Afghanistan for the tactics and brought them with her to Iraq and Abu Ghraib. Senior officers in Iraq also approved the methods there.

Though considered illegal under the Uniform Code of Military Justice, the tactics were put into official use in late 2003. They have since been banned in a new Army Field Manual on interrogations.

Janis L. Karpinski, a former Army Reserve general in charge of prisons in Iraq who was demoted and left the service as a result of the Abu Ghraib scandal, said she was stunned silent by the administration memos.

“I could have cried,” Karpinski said. “I always had a sense of betrayal because it’s just disgusting. I’m sure those photos scared the hell out of them,” she added, referring to Bush administration officials. “Here, in living color, you have a photographic rendition of your memos. Is that what they wanted it to look like? Guess what, that is what it looks like.”

It is unclear whether low-level soldiers who were convicted of crimes can retrospectively use the Justice Department memos to their advantage. Gary Myers, a New Hampshire lawyer who represented Ivan L. “Chip” Frederick on abuse charges, said that unless the soldiers knew about the policies specifically, the memos might be irrelevant in a courtroom. Still, Myers said he is going to use the recent developments to try to get Frederick’s dishonorable discharge removed from his record.

“If what was suggested as license was itself illegal, relying on illegal documents or opinions is not in my mind a defense,” Myers said. “What we know now is we had at the time a rogue government that created an environment where this sort of conduct was condoned, if not encouraged. But it doesn’t do anything for you when you hold it up against the maltreatment statute of the [Uniform Code of Military Justice], which is law, passed by the Congress.”

Staff researcher Julie Tate contributed to this report.

A General Despairs of Palin Victory September 19, 2008

Posted by rogerhollander in U.S. Election 2008.
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Palin Can Launch Us Back in Time

September 19 2008

by: Janis L. Karpinski, t r u t h o u t | Op-Ed

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US Army Brigadier General Janis L. Karpinski. (Photo: John MacDougall / AFP / Getty Images) 

    The author is former US Army Brigadier General (retired) Janis L. Karpinski.

    “We shall never have rights until we take them, or respect until we command it,” said Belva Lockwood, activist and the first female lawyer to argue before the United States Supreme Court.

    Hmmmmm. My intuition is kicking into high gear on the nomination of Sarah Palin as vice president on the Republican ticket. Hmmmmm. It is haunting me. There is something sneaky behind her and methinks it is the devious orchestration of Karl Rove. Months of criticism for Barack Obama’s allegedly short supply of expertise, then McCain selects a true novice as a partner on his ticket. Does this make any sense at all?

    I’m afraid it does. Palin is bringing new life to the ticket. McCain was in dire straits and absolutely knew he was going to lose the election on his merits, so he pulled the proverbial bunny out of his hat – presto, Palin.

    I know enough about Palin’s character to assess her as ill-equipped, clueless and unprepared to take control of our nation in the event of McCain’s early demise or incapacitation, much less qualified to serve as the commander in chief of all military forces. Unfortunately for Palin, leadership is not derived by a process of osmosis. She does not automatically qualify for commander in chief or get to check the “Military Service” block because she has a son in the Alaska National Guard who is deployed to Iraq, or because she dons a camouflage uniform and knows how to shoot straight. Military leadership develops with a true concern for the lives of soldiers and civilians placed under your command. Military leadership requires the leader to be ready, willing and able upon assuming command; to be able immediately to execute those responsibilities without hesitation, to have the tools and skills to command and lead. Leadership comes from experience of “walking the ground where your soldiers will fight” as opposed to working and planning in a vacuum with little regard for the soldiers serving on your watch. It means the commander in chief will never use military force and take the nation and the military to war until every other option is exhausted, and then only with the greatest intelligence information available to ensure a course leading to victory. If it isn’t there, you aren’t going to find it in a desk drawer or in the process of going to war.

    Palin wants desperately to be accepted as tough and capable in the skills she sees as critical to being as tough as any man – tough talk, tough walk and tough as nails. Sarah Palin apparently thinks because she claims to have the skills, we must trust her and take her at her word. Note the absence of military leadership skills in the current administration, due largely to the sum total lack of military experience amongst the elected and appointed officials.

    There is something almost sinister in Palin’s attempts to seduce the voting public. She has a “come hither” look all of the time, and dares anyone, men or women, but especially men, to approach her or challenge her. Pay attention. Nobody believes qualifying as Miss Alaska in the Miss America Pageant really prepares you for service as the vice president of the United States, let alone as the president of the United States of America. Obama is right, although he may have chosen the wrong animal to use in the comparison – put lipstick on a soccer mom, as opposed to a pit bull, and you still have a soccer mom, not a pit bull. The fierceness of a pit bull, which Palin is trying to use as proof of her ability to serve as the vice president, is ridiculous at best and sadly ironic. Pit bulls are senseless and out of control when angry; they are certainly far from being of good mind, rationale, organized or focused. Her personal comparisons to Hillary Clinton are insulting to Clinton. Senator Clinton did not stoop to use of her sexuality as a means of attracting votes or attention. She is articulate and stays on message, whether in the primaries or campaigning for Obama. Hillary’s supporters, men and women, accepted her for her experience, her credentials and her qualifications, deservedly so, unlike Palin who is trying to steal mileage on the shirttails of Hillary. You can easily recollect memorable events of Hillary’s campaign, but you will not remember her parading about or flirting with her supporters or the media. She did not behave in such a manner. Her wardrobe aside, Hillary Clinton was competing on a level playing field and behaved accordingly, like an intelligent, confident and capable candidate. This is what women hope for and seek to achieve. Sarah Palin’s behavior sets our progress back by decades and encourages the fashionable use of sexuality as the tool to measure success.

    I spent more than 28 years in and around the military, mostly as a member of the Army Officer Corps. I saw what women think they must do in order to fit in with their male counterparts and feel a part of the male bastion of control. Sarah Palin is cut from the same mold as these women who were desperate to fit in with male colleagues – desperately trying to prove herself as tough as, or tougher than, “the boys” who are competing with her. Palin sets the stage with stories of her prowess in murdering wolves, moose and caribou from a helicopter platform vantage point, begging the question, “C’mon boys, don’t you think I am tough enough?”

    Men want to screw her, literally – it is a fantasy of many men, particularly those in the high power, high profile assignments, and she knows it. She uses her sexuality, and men’s vulnerability, to intimidate them and expose their weaknesses. They imagine what she is like in bed; they fantasize about screwing the vice president of the United States because they have never had this chance. They imagine what she is like as a sex object and they drool over possibilities, not necessarily thinking the fantasies will come to fruition, instead focusing on four years of possibilities. She projects the willingness to let them fantasize. She is not businesslike, rather power hungry and control-like, offering, subtly and directly, suggestions of her feistiness and daring men to try and conquer her. Somewhere in the mix, she attempts to say something noteworthy to demonstrate her readiness and capabilities to serve as the vice president of the United States. She wants to be seen as a sexual object because she has a track record of success using the same techniques at increasing levels of responsibilities. Sarah Palin tried, unsuccessfully, to get credit for foreign affairs and international experience through three stopovers, and walkovers, involving Germany, Kuwait and Iraq. Many officers and soldiers found the same low road to “credible international and combat experience” by staying comfortably and safely, and often only occasionally, in Kuwait, while real soldiers, men and women, crossed the border into Iraq, and spent a year or longer in harm’s way. The coveted “right shoulder patch,” symbolizing combat duty, was awarded equally to any and all deployed officers and soldiers, those serving in Iraq as well as those serving in better and safer assignments anywhere but in Iraq. This may have inspired Palin to claim international experience involving Kuwait (short stopover) and Iraq (walked across the border into Iraq) and Germany (flight layover). This type of exaggeration migrates to the unimaginable – claiming some quasi-military experience because she stood near a soldier, or because her son is serving in Iraq or because she wore cammies while hunting. It is not beyond the thinkable.

    Sarah Palin may be responsible for breaking through another level of the glass ceiling by being the vice-presidential candidate on the Republican ticket and she deserves credit for this.

    Palin, however, is a dangerous choice and her style goes against the grain of feminists and women everywhere. We spent years seeking equality, and ask only for a level playing field where we can find credit for our accomplishments and capabilities and the opportunities to compete fairly. Sarah Palin can launch us back in time and remove years of progress, albeit slow and incomplete. She encourages men and women to be drawn first to the sexuality and beauty of a woman before making a decision about her credibility, intelligence and leadership. There is abundant truth in the age-old saying “beauty is only skin deep.” We need and deserve a vice-presidential candidate who offers far more than “skin deep” – her absolute lack of substance on the issues; her lack of experience, particularly in the international and foreign affairs environment; her lack of a sound economic policy to regain control of our national treasure; and her insistence on propelling herself as tough and capable because she can murder wildlife when there is virtually no chance of missing, are the issues of substance. The fact she refuses to discuss any of the issues is troubling. Voters need to take a deep breath and return to reality in the aftermath of the hype created by Sarah Palin herself. Pay attention – she does not have international experience or foreign affairs capabilities simply because she can see Russia from her backyard in Alaska.

    Sarah Palin is amazingly popular and she is dangerous. She is George Bush in disguise, in terms of policies and principles. Karl Rove is in the middle of this and we all know what Karl Rove did for President Bush and what he did to every American. Keep this in mind when throwing support to the ticket of McCain and Palin. The legitimate concerns about McCain being joined at the hip with the president and the potential for four (and potentially eight) more years of the same worthless policies of this administration seem to pale in comparison when considering the strong attachment, admiration and support Sarah Palin gives to this administration.