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Category Archives: Dick Cheney

McCain: Miranda Rights for U.S. Citizens a “Serious Mistake”

04 Tuesday May 2010

Posted by Craig in Bill of Rights, Dick Cheney, McCain, Politics, Republicans, war on terror

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Faisal Shahzad, John McCain, Justice Department, Miranda rights, Peter King, Scott Roeder, Shahzad, Times Square bombing

John McCain has taken the baton from Dick Cheney as drum major in the crazy parade. McCain said today it would have been a “serious mistake” to read the suspect arrested in connection with the May 1 attempted Times Square bombing his Miranda rights.

“Obviously that would be a serious mistake…at least until we find out as much information we have,” McCain said during an appearance on “Imus in the Morning” when asked whether the suspect, 30-year-old Faisal Shahzad, a naturalized American citizen from Pakistan.

“Don’t give this guy his Miranda rights until we find out what it’s all about,” McCain added.”

Sen. McCain, I know the suspect doesn’t have a good old ‘Murrican name like John, or Cindy…or even Sarah, but he is a United States citizen and he is entitled to Constitutional rights.

Scott Lemieux at Lawyers, Guns, and Money asks this:

“Did John McCain strenuously object when Scott Roeder was read his Miranda rights?   If not, I wonder what criteria McCain is using to determine which American terrorists are entitled to their constitutional rights and which aren’t?”

But the Arizona Senator didn’t stop there. He’s already assessed the death penalty—despite not knowing the charges:

“There’s probably about 350 different charges he’s guilty off — attempted acts of terror against the united States, attempted murder,” said McCain, cautioning that he’s not privy to the charges with which Shahzad might be charged. “I’m sure there’s a significant number to warrant the death penalty.”

And not to be outdone, New York Rep. Peter King also questioned the Justice Department with this:

“Did they Mirandize him? I know he’s an American citizen but still,” King said.”

I’ll leave it to your imagination what Rep. King was thinking but left unsaid.

Waterboarding Just “A Dunk in the Water?” New Documents Say Otherwise

10 Wednesday Mar 2010

Posted by Craig in Dick Cheney, Obama, Politics, terrorism, torture, war on terror

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Cheney, dunk in the water, Mark Benjamin, Salon, waterboarding

See if this sounds like what the Marquis de Cheney referred to as “ a dunk in the water,” and a “well done” technique that if he “had it to do all over again,..would do exactly the same thing.” Judge for yourself if those whose memos authorized and legitimized the following methods are guilty of nothing more than using “poor judgment.” I have a question for President Obama as well. Still think we need to “look forward, not back?” From Mark Benjamin at Salon:

…[R]ecently released internal documents reveal the controversial “enhanced interrogation” practice was far more brutal on detainees than Cheney’s description sounds, and was administered with meticulous cruelty.

…The documents also lay out, in chilling detail, exactly what should occur in each two-hour waterboarding “session.” Interrogators were instructed to start pouring water right after a detainee exhaled, to ensure he inhaled water, not air, in his next breath. They could use their hands to “dam the runoff” and prevent water from spilling out of a detainee’s mouth.

They were allowed six separate 40-second “applications” of liquid in each two-hour session – and could dump water over a detainee’s nose and mouth for a total of 12 minutes a day. Finally, to keep detainees alive even if they inhaled their own vomit during a session – a not-uncommon side effect of waterboarding – the prisoners were kept on a liquid diet. The agency recommended Ensure Plus.”

And for those defenders of waterboarding who say it can’t be torture because our soldiers go through it in SERE training:

“…the documents show that the agency’s methods went far beyond anything ever done to a soldier during training. U.S. soldiers, for example, were generally waterboarded with a cloth over their face one time, never more than twice, for about 20 seconds, the CIA admits in its own documents.

“The difference was in the manner in which the detainee’s breathing was obstructed,” the document notes. In soldier training, “The interrogator applies a small amount of water to the cloth (on a soldier’s face) in a controlled manner,” DOJ wrote. “By contrast, the agency interrogator … continuously applied large volumes of water to a cloth that covered the detainee’s mouth and nose.”

These memos show the CIA went much further than that with terror suspects, using huge and dangerous quantities of liquid over long periods of time. The CIA’s waterboarding was “different” from training for elite soldiers, according to the Justice Department document released last month.

But, the defenders also say, no matter the tactics, waterboarding worked.  It provided intelligence which “kept us safe” from future attacks, right? Wrong.

“When torture supporters would tout the value of the information Abu Zubaydah provided, they somehow failed to mention that the actionable intelligence he provided was admitted prior to his waterboarding.  After President Bush bragged about the information obtained by torturing Abu Zubaydah, the Washington Post, after reviewing case files, concluded that absolutely no credible intelligence came from Zubaydah’s interrogations that utilized torture.”

But despite all the gruesome and sadistic details contained in the documents, this is perhaps the most disturbing:

“NOTE: In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented: how long each application (and the entire procedure) lasted, how much water was used in the process (realizing that much splashes off), how exactly the water was applied, if a seal was achieved, if the naso- or oropharynx was filled, what sort of volume was expelled, how long was the break between applications, and how the subject looked between each treatment.”

Paging Dr. Mengele, Dr. Josef Mengele.

Democrats Cave on Torture Amendment: So What Else Is New?

26 Friday Feb 2010

Posted by Craig in Constitution, Democrats, Dick Cheney, Justice Department, Obama, Politics, Republicans, terrorism, torture, Uncategorized, war on terror

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2010 Intelligence Authorization Act, amendment, Article VI, Atlantic, Convention Against Torture, Cruel Inhuman and Degrading Interrogation Prohibition Act of 2010, keeping us safe, Liz Cheney, Marc Ambinder, Sylvestre Reyes, veto, White House

While all the attention in Washington yesterday was focused on the posturing and pontificating over health care reform, there was something else going on. Democratic Congressman Sylvestre Reyes, chairman of the House Intelligence Committee, proposed an amendment to the 2010 Intelligence Authorization Act. The amendment is called the Cruel, Inhuman, and Degrading Interrogation Prohibition Act of 2010 which, in essence, does nothing more than codify what already exists in Articles 1 and 16 of the United Nations Convention Against Torture. You know that treaty which under Article VI of the Constitution is supposed to be the “supreme Law of the Land,” but was signed and ratified pre-9/11 so is no longer applicable, apparently.

The amendment prohibits such acts as waterboarding, beatings, sleep deprivation, and mock executions among others. In other words, pretty much the chart toppers on the Cheney/Ashcroft/Rumsfeld/Yoo/Bybee hit parade. It applies to any “U.S. national, or any officer, employee, contractor, or subcontractor of the Federal government,” with punishment for violation being “fine or imprisonment for not more than 15 years, or both,” unless death results. Then the imprisonment is “any term of years or for life.”

And right on cue, here came the torture defenders, led by Liz Cheney, playing the predictable “keeping us safe” card:

“Late last night, Democrats in the House of Representatives inserted a provision dubbed “The Cruel, Inhuman, and Degrading Interrogation Act of 2010” into the intelligence authorization bill. This new language targets the US intelligence community with criminal penalties for using methods they have deemed necessary for keeping America safe. These methods have further been found by the Department of Justice to be both legal and in keeping with our international obligations.”

Sorry Liz, but just because they were found legal by the pretzel logic of Daddy’s Justice Department (and sadly, found to be merely “poor judgment” by the current Justice Department) doesn’t mean they are legal. It just means that laws and treaties have become an a la carte menu in post 9/11 America. We now pick and choose which ones to enforce and which ones to ignore. Again, sadly.

According to Marc Ambinder at the Atlantic, the amendment is also not popular at 1600 Pennsylvania Avenue (sigh):

“The White House isn’t happy; they’ve already threatened to veto the bill because it, in their mind, it infringes upon the rights of the executive branch by forcing the administration to disclose more about intelligence operations to more members of Congress.”

That sounds a lot like a previous administration to me. (Double sigh).

And speaking of right on cue, all House Republicans had to do was give the insinuation that they would accuse Democrats of being ‘soft on terror’ and ‘coddling terrorists’ and the gutless, spineless, Democratic leadership pulled the bill.

Yoo: The President Could Order the Massacre of a Village

22 Monday Feb 2010

Posted by Craig in Dick Cheney, Justice Department, Politics, torture, Uncategorized, war on terror

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Dick Cheney, Jay Bybee, John Yoo, Michael Isikoff, Newsweek, OPR report, torture memos, waterboarding

Michael Isikoff at Newsweek.com has more on the Office of Professional Responsibility (OPR) report in which David Margolis, senior lawyer in the Obstruction of Justice Department, found John Yoo and Jay Bybee guilty of nothing more than “poor judgement” in authoring the torture memos.

The report also contains an excerpt of an investigator’s interview with Yoo on the subject of the expanded powers of the president:

“At the core of the legal arguments were the views of Yoo, strongly backed by David Addington, Vice President Dick Cheney’s legal counsel, that the president’s wartime powers were essentially unlimited and included the authority to override laws passed by Congress, such as a statute banning the use of torture. Pressed on his views in an interview with OPR investigators, Yoo was asked:

“Sure,” said Yoo.”

“What about ordering a village of resistants to be massacred? … Is that a power that the president could legally—”

“Yeah,” Yoo replied, according to a partial transcript included in the report. “Although, let me say this: So, certainly, that would fall within the commander-in-chief’s power over tactical decisions.”

“To order a village of civilians to be [exterminated]?” the OPR investigator asked again.

CarolynC at The Seminal comments on the fallout from Margolis’ decision:

“Because of the actions of men like John Yoo, our country’s moral standing in the world has been eroded. The country of Washington, Lincoln has become a country where legal justifications of torture are now viewed as a matter of “poor judgment,” as the OPR report concluded in its findings.”

One can only conclude that the extermination of an entire village would also fall under the “poor judgment” umbrella as well.

“… But far from being condemned and disgraced, our domestic war criminals live in comfort and ease, their opinions are eagerly sought by our slavish media, and they are treated with the utmost respect in the corridors of power.

…thanks to John Yoo, the President can now commit everything up to and including genocide. Nothing seems to have changed, but everything has changed. Most of us were brought up to consider ourselves citizens of a democratic country; now we are dangerously close to being mere subjects of a monarchical leader, whose powers know no bounds.”

Dick Cheney is so confident that he is in no danger of being held accountable that he triumphantly broadcast his guilt on national television; he admitted last Sunday that he personally ordered the CIA to waterboard detainees. No matter. He will still be treated with deference as an elder statesmen by the Beltway Elite. And John Yoo will continue to practice law, teach, give interviews and write books on the virtues of unlimited executive power, and the books will be greeted with glowing reviews.

Spencer Ackerman’s Open Letter to Liz Cheney

22 Monday Feb 2010

Posted by Craig in Constitution, Dick Cheney, Justice Department, Obama, Politics, torture, Uncategorized

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Liz Cheney, open letter, Spencer Ackerman, torture, Washington Independent

Spencer Ackerman at the Washington Independent has an “Open Letter to Liz Cheney on Torture”:

Dear Ms. Cheney,

I don’t know if you saw ‘Meet The Press’ this morning, but a general you may have heard of named David Petraeus — he’s the commander of U.S. forces in the Middle East and South Asia and is the most distinguished Army general since Colin Powell — graced your television. He was asked about whether the U.S. ought to torture Mullah Abdul Ghani Baradar, the deputy commander of the Taliban, recently captured in Pakistan. “I have always been on record, in fact since 2003, with the concept of living our values,” Petraeus replied. Every time the U.S. took what he called “expedient measures” around the Geneva Conventions, those deviations just “turned around and bitten us on our backside.” The effect of torture at Abu Ghraib is “non-biodegradable,” he continued, and boasted that as commander of the 101st Airborne in Iraq, he ordered his men to ignore any instruction to use techniques outside the Army Field Manual on Interrogations. Besides, the non-torture techniques that manual has long instructed? “That works,” he said. “That is our experience.”

But hey. You’re a former deputy assistant secretary of state! You obviously know better than the man who implemented the surge in Iraq. Why don’t you enlighten Gen. Petraeus about all the glories of torture? And since you consider “enhanced interrogation” so necessary to secure the country, perhaps there’s a full page ad you’ll take out in a major newspaper?

Cordially,
Spencer

Would that Ackerman’s letter might get Ms. Cheney’s mind right. But I think the only means to that end would be Papa Dick in his rightful place before a war crimes tribunal. But sadly, the Obama Obstruction of Justice Department and the Look Forward, Not Back Doctrine of the Constitutional Scholar-in-Chief isn’t going to allow that to happen.

Sadly, we will continue to be subjected to the former VP, and by extension his daughter, proudly extolling the virtues of torture, undeterred by any thoughts of being held accountable.

Sadly indeed.

Why Is This Man Not Facing a War Crimes Tribunal?

16 Tuesday Feb 2010

Posted by Craig in Dick Cheney, Justice Department, Obama, Politics, torture, war on terror

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Andrew Sullivan, Convention Against Torture, Dick Cheney, Eric Holder, Geneva Conventions, This Week, torture, war crimes, waterboarding

Every time I see former Vice-President Dick Cheney interviewed on any news program, national or otherwise, I think to myself, ‘Why is this man here and not facing a war crimes tribunal?’ Cheney made a remark during an interview with Jonathan Karl Sunday on ABC’s This Week, a remark made almost in passing, that once again brought that question to mind:

KARL: Did you more often win or lose those battles, especially as you got to the second term?

CHENEY: Well, I suppose it depends on which battle you’re talking about. I won some; I lost some. I can’t…

KARL: … waterboarding, clearly, what was your…

CHENEY: I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques that…

KARL: And you opposed the administration’s actions of doing away with waterboarding?

CHENEY: Yes.

It never ceases to amaze me, although it’s not the first time it has happened and undoubtedly won’t be the last, that a former vice-president of the United States of America can openly and brazenly confess to something which the Geneva Conventions and the United Nations Convention Against Torture recognize as torture, something for which members of the Japanese military were punished after World War II. Torture, a punishable offense under U.S. Code 2340A by imprisonment or death. And he can do so without any fear of reprisal, thanks to the ‘look forward, not back’ policy of the Obama administration.

Shameful.

Andrew Sullivan at the Daily Dish calls on Attorney General Eric Holder to take action or be considered an accessory, also a punishable offense:

“…the attorney general of the United States is legally obliged to prosecute someone who has openly admitted such a war crime or be in violation of the Geneva Conventions and the UN Convention on Torture. For Eric Holder to ignore this duty subjects him too to prosecution. If the US government fails to enforce the provision against torture, the UN or a foreign court can initiate an investigation and prosecution.

Cheney himself just set in motion a chain of events that the civilized world must see to its conclusion or cease to be the civilized world. For such a high official to escape the clear letter of these treaties and conventions, and to openly brag of it, renders such treaties and conventions meaningless.”

These are not my opinions and they are not hyperbole. They are legal facts. Either this country is governed by the rule of law or it isn’t. Cheney’s clear admission of his central role in authorizing waterboarding and the clear evidence that such waterboarding did indeed take place means that prosecution must proceed.

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