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The End is Near: Glenn Beck is the Voice of Reason

05 Wednesday May 2010

Posted by Craig in Bill of Rights, Congress, Politics, Republicans, terrorism

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citizenship, Constitution, Faisal Shahzad, Fox and Friends, Glenn Beck, Joe Lieberman, John Cornyn, United States citizen

OK, it’s official, we are through the looking glass on the treatment of suspected terrorists. Glenn Beck is the voice of reason and sanity. Yes, you read that right, Glenn Beck, reason, and sanity all in the same sentence. On Fox and Friends yesterday, Beck said of Faisal Shahzad, the Pakistani-born American citizen arrested in the attempted Times Square bombing:

“He is a citizen of the United States, so I say we uphold the laws and the Constitution on citizens. If you are a citizen, you obey the law and follow the Constitution. He has all the rights under the  Constitution. We don’t shred the Constitution when it’s popular. We do the right thing.”

Vodpod videos no longer available.The award for the most extreme, knee-jerk (emphasis on jerk) reaction comes from Joe Lieberman. He proposes taking away the citizenship of those who are “affiliated” (whatever that means) with foreign terrorist organizations when they are “apprehended and charged.” 

My own Senator finds that “interesting”:

Sen. John Cornyn (R-Texas), the head of of the GOP’s Senate campaign arm, is open to Lieberman’s idea. “I’m interested in Senator Lieberman’s approach. He is one of our leading members when it comes to national security issues and I would be interested in exploring that. I think at some point an act of war is a treasonous act, which could be a basis for relinquishing one’s citizenship,” he said.

I propose that we take away the citizenship of those who advocate that we take away the citizenship of others. I think that might solve the problem.

The Rule of Law Loses Another Round With Johnsen Withdrawal

13 Tuesday Apr 2010

Posted by Craig in George W. Bush, Justice Department, Obama, Politics, terrorism, torture, war on terror

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Dawn Johnsen, executive power, Glenn Greenwald, GOP obstructionists, look forward not back, OLC, President Obama, rule of law, Salon, Slate

In what has become SOP for this administration, President Obama has once again capitulated under the slightest pushback from the GOP obstructionists, although without too much of a struggle I might add. After leaving his nominee to head the OLC, Dawn Johnsen to “twist in the wind for more than a year,” Ms. Johnsen withdrew her nomination.

“The struggle between President Obama and Republicans on Capitol Hill has claimed a fresh victim — Dawn Johnsen. She was Mr. Obama’s choice to lead the Office of Legal Counsel at the Justice Department. Ms. Johnsen withdrew her nomination after more than a year. It was clear that the White House was not going to fight to save her from Republicans who were refusing to allow a vote on her confirmation.

Ms. Johnsen’s problem was not that she lacked strong qualifications to be the legal adviser to the executive branch, informing the White House about what the law requires and what it prohibits.”

Ms. Johnsen’s “problem” was that she is a staunch advocate for the limitation of executive power and an opponent of the president’s “look forward, not back” policy in relation to dealing with abuses of power by the previous administration. In a March, 2008 piece in Slate she wrote:

“The question how we restore our nation’s honor takes on new urgency and promise as we approach the end of this administration. We must resist Bush administration efforts to hide evidence of its wrongdoing through demands for retroactive immunity, assertions of state privilege, and implausible claims that openness will empower terrorists.”

[…]

“Here is a partial answer to my own question of how should we behave, directed especially to the next president and members of his or her administration but also to all of use who will be relieved by the change: We must avoid any temptation simply to move on. We must instead be honest with ourselves and the world as we condemn our nation’s past transgressions and reject Bush’s corruption of our American ideals. Our constitutional democracy cannot survive with a government shrouded in secrecy, nor can our nation’s honor be restored without full disclosure.”

Glenn Greenwald at Salon writes:

“What Johnsen insists must not be done reads like a manual of what Barack Obama ended up doing and continues to do — from supporting retroactive immunity to terminate FISA litigations to endless assertions of “state secrecy” in order to block courts from adjudicating Bush crimes to suppressing torture photos on the ground that “opennees will empower terrorists” to the overarching Obama dictate that we “simply move on.”

Could she have described any more perfectly what Obama would end up doing when she wrote, in March, 2008, what the next President “must not do”?

A rhetorical question, I presume. The answer is painfully obvious.

White House Set to “Overrule” Justice Department on Civilian Trials for Gitmo Detainees

25 Thursday Mar 2010

Posted by Craig in George W. Bush, Justice Department, Obama, Politics, terrorism, war on terror

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Attorney General Eric Holder, civilian courts, detainees, Guantanamo Bay, Justice Department, Michael Isikoff, military tribunals, Newsweek

One “change” I had hoped to see on January 20, 2009 was the end of the politicization of the Justice Department. Judging from this report at Newsweek by Michael Isikoff that isn’t going to be the case, as the Obama administration is set to “overrule” and “overturn” the decision of Attorney General Eric Holder to try detainees at Guantanamo Bay in civilian courts rather than military tribunals. The reason being political pressure from New York City mayor Bloomberg and Republicans in Congress:

“The White House may yet be several weeks away from announcing whether it plans to overrule Attorney General Eric Holder and order that the 9/11 conspirators be tried before military commissions rather than in civilian courts. But it’s not hard to figure out which way the wind is blowing.

…The embrace of military tribunals follows months of controversy over Holder’s decision to try Khalid Sheikh Mohammed and other 9/11 conspirators in federal court in New York–a move that generated opposition from New York political figures such as Mayor Michael Bloomberg, and Republicans in Congress. Administration officials have acknowledged it was looking increasingly likely that Congress would block any funding for civilian trials of the 9/11 conspirators.”

…”All the indications we’ve been given are to get ready for a lot of activity in Guanantamo,” said a military prosecutor, who asked not to be identified talking about upcoming cases. “It’s full steam ahead.”

…the big decision everyone is waiting for is whether President Obama, as is increasingly expected inside the Beltway, will overturn Holder’s decision and return Khalid Sheikh Mohammed and four other 9/11 co-conspirators to the military commissions.

Remember the days of an independent Department of Justice? When who was prosecuted and how was done at the discretion of the Attorney General? When an Attorney General would resign rather than succumb to political pressure from the White House?

Those days are apparently gone. No matter who occupies the Oval Office.

Proud of War Crimes?

14 Sunday Mar 2010

Posted by Craig in Politics, terrorism, torture, war on terror

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BBC, Convention Against Torture, interview, Karl Rove, Malcolm Nance, Newshoggers, proud, SERE, waterboarding

Proud to be war criminals—the sad, and sadly enduring, legacy of the Bush administration, which the so-called “brain” of that dark period in our history continued to attempt to rationalize and justify in a recent interview with the BBC:

“A senior adviser to former US President George W Bush has defended tough interrogation techniques, saying their use helped prevent terrorist attacks…In a BBC interview, Karl Rove, who was known as “Bush’s brain”, said he “was proud we used techniques that broke the will of these terrorists”…He said waterboarding, which simulates drowning, should not be considered torture.”

…Mr Rove said US soldiers were subjected to waterboarding as a regular part of their training…A less severe form of the technique was used on the three suspects interrogated at the US military prison at Guantanamo Bay, he added.”

“Simulates drowning” and a “less severe from of the technique?” Not so says someone who has been there, Malcolm Nance (emphasis added) :

“As a former master instructor and chief of training at the U.S. Navy Survival, Evasion, Resistance and Escape School (SERE) in San Diego, I know the waterboard personally and intimately. Our staff was required to undergo the waterboard at its fullest. I was no exception.

Having been subjected to this technique, I can say: It is risky but not entirely dangerous when applied in training for a very short period. However, when performed on an unsuspecting prisoner, waterboarding is a torture technique – without a doubt. There is no way to sugarcoat it.

In the media, waterboarding is called “simulated drowning,” but that’s a misnomer. It does not simulate drowning, as the lungs are actually filling with water. There is no way to simulate that. The victim is drowning.”

I have personally led, witnessed and supervised waterboarding of hundreds of people. It has been reported that both the Army and Navy SERE school’s interrogation manuals were used to form the interrogation techniques employed by the Army and the CIA for its terror suspects. What is less frequently reported is that our training was designed to show how an evil totalitarian enemy would use torture at the slightest whim.

Rove reiterated his pride later in the interview:

“Yes, I’m proud that we kept the world safer than it was, by the use of these techniques. They’re appropriate, they’re in conformity with our international requirements and with US law.”

No they aren’t. Our “international requirements” [the Convention Against Torture] and U.S. law [U.S. Code, Title 18, Chapter 113 C]  both forbid and prescribe punishment for torture.

“Mr Rove has just written a memoir, Courage and Consequence, in which he defends the two terms of the Bush administration as “impressive, durable and significant.”

BJ Bjornson at Newshoggers:

“Well, I’ll go with significant, at least. Significant in that Bush’s two terms took the US from the acknowledged leader of the Free World, respected if not loved, to just another world hegemony that most people won’t mind seeing pass into history at this point. While Obama has repaired a bit of the damage Bush has done, the lack of any prosecutions over the war crimes that people like Rove and Cheney now flaunt to the world has left most of us rather less than impressed.”

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.

Lindsey Graham is For Our System of Justice…Except When He’s Against It

10 Wednesday Mar 2010

Posted by Craig in Congress, Justice Department, Politics, terrorism, war on terror

≈ 1 Comment

Tags

al-Qaeda 7, indefinite detention, Keep America Safe ad, legal framework, Lindsey Graham

Senator Lindsey Graham believes suspected terrorists are entitled to legal representation—except when they aren’t. Confused? So is Sen. Graham. On the one hand he condemns the Keep America Scared Safe ad which refers to Justice Department lawyers who defended terrorism suspects as the “al-Qaeda 7”:

“Sen. Lindsey Graham, R-S.C., a member of the Senate Armed Services and Judiciary Committees, told The Cable Tuesday that the Cheney-Kristol ad was inappropriate and unfairly demonized DOJ lawyers for doing a noble public service by defending unpopular suspects.

“I’ve been a military lawyer for almost 30 years, I represented people as a defense attorney in the military that were charged with some pretty horrific acts, and I gave them my all,” said Graham. “This system of justice that we’re so proud of in America requires the unpopular to have an advocate and every time a defense lawyer fights to make the government do their job, that defense lawyer has made us all safer.”

On the other hand, Sen. Graham is “looking for a legal framework” by which suspected terrorists can be indefinitely detained:

“There has to be some type of statute– and he’s been clear on that — for indefinite detention,” [Graham spokesman Kevin] Bishop said…Primarily, the system Graham is designing is set up for handling the Obama administration’s so-called “Fifth Category” of detainees that a Justice Department task force recommended against charging and releasing. “What do you do with them? What type of system do you have to hold them indefinitely?” Bishop said. “What type of system do you establish where we can ensure that we’re looking back at their cases; that we are holding them; we still determine that they are enemy combatants; they’re too dangerous to release; but we also aren’t going to try them in either a military or a civilian court.” So there has to be a system for that, and that’s why Senator Graham is looking for a legal framework.”

There are countries where that “type of system” exists, Mr. Bishop. Places named Iran…and China…and North Korea. Are they now our roles models for jurisprudence?

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.

Are We No More The Home of the Brave?

18 Thursday Feb 2010

Posted by Craig in Justice Department, Obama, Politics, terrorism, war on terror

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civilian trials, Glenn Greenwald, Guantanamo Bay, Indonesia, Lindsey Graham, London, Madrid, Mumbai, Obama administration, Salon, Sydney, terrorists

Glenn Greenwald has an interesting contrast in Tuesday’s Salon. How the rest of the world deals with accused terrorists as compared with the United States. A few cases in point:

May 12, 2003:
“DENPASAR, Indonesia — The first suspect charged with the October 12 [2002] Bali bombings, which killed over 200 people, has gone on trial in an Indonesian court.”

February 15, 2007:
“The trial of 29 people accused of involvement in train bombings that killed 191 people in March 2004 has opened in the Spanish capital, Madrid.”

April 11, 2008:
“LONDON — Three British Muslims accused of helping the suicide bombers who carried out the attacks on London’s transportation system in July 2005 went on trial on Thursday, in the first case against people accused of helping plan the attacks.”

July 21, 2009:
“The sole surviving gunman from last year’s Mumbai attacks, a Pakistani national, on Monday pleaded guilty at his trial, admitting for the first time his part in the atrocity that killed 166 people.”

Monday:
“SYDNEY – Five Muslims were sentenced Monday to 23 to 28 years in prison in Australia for stockpiling explosive chemicals and firearms for terrorist attacks on unspecified targets…The men, aged 25 to 44, were found guilty last October on charges linked to preparing a terrorist act between July 2004 and November 2005.”

In contrast, January 22, 2010:
“WASHINGTON — The Obama administration has decided to continue to imprison without trials nearly 50 detainees at the Guantanamo Bay military prison in Cuba because a high-level task force has concluded that they are too difficult to prosecute but too dangerous to release, an administration official said on Thursday.”

And February 1, 2010:
“WASHINGTON — Sen. Lindsey Graham plans to introduce a bipartisan bill Tuesday to block funding for civilian trials of five alleged plotters of the Sept. 11, 2001, attacks who are now being held at the U.S. military prison in Guantanamo Bay, Cuba.

Graham, a South Carolina Republican and a military lawyer, said that eight other GOP senators had signed onto his legislation, along with Democrats Jim Webb of Virginia and Blanche Lincoln of Arkansas, and independent Sen. Joe Lieberman of Connecticut.”

Home of the brave?

More Openness and Transparency: Patriot Act Extension Hidden In Jobs Bill

10 Wednesday Feb 2010

Posted by Craig in George W. Bush, Obama, Politics, terrorism, war on terror

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George W. Bush, jobs bill, Patriot Act extension, President Obama, third term

Other than President Obama’s apparent determination to be seen as George W. Bush’s third term, why is the extension of the Patriot Act in the new jobs bill?

 SEC. 645. EXTENSION OF INTELLIGENCE AUTHORITY SUNSETS.

(a) USA PATRIOT IMPROVEMENT ANDREAUTHORIZATION ACT OF

 2005.—Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 211861 note, and 50 U.S.C. 1862 note) is amended by striking ‘‘February 28, 2010’’ and inserting ‘‘December 31, 2010’’.

(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF

2004.—Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742; 50 U.S.C. 1801 2note) is amended by striking ‘‘February 28, 2010’’ and inserting ‘‘December 31, 2010’’.

 Gotta love that openness and transparency.

Specter: Miranda? Wasn’t She the Actress Who Wore the Crazy Hats?

10 Wednesday Feb 2010

Posted by Craig in Politics, terrorism, torture, war on terror

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Abdulmutallab, Arlen Specter, mirandize

One would think that a former prosecutor and former chairman of the Senate Judiciary Committee would have some rudimentary knowledge of the American criminal justice system. One would think so, but one would be wrong:

“The suspect accused of trying to blow up a flight on Christmas Day should not have been read his Miranda rights, Sen. Arlen Specter (D-Pa.) said Tuesday…”I do not believe he should have been read his rights,” Specter said during an appearance on MSNBC. “I think the most important thing is to find out what information he has to prevent future terrorist acts.

“The most important thing is to get what information he has,” Specter said. “More important than conviction.”

And apparently in Specter’s mind, more important than whether or not that information is factual.

“Specter said that while it would be preferable to try suspects like Abdulmutallab in regular criminal court, if confessions are made inadmissible in those courts, then defendants should be tried in military tribunals.”

Pick a court, any court. Whichever one allows coerced confessions and illegally obtained evidence. There are certainly courts like that to be found, Sen. Specter—in China, Cuba, and Iran. Evidently you prefer their system of justice to ours.

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