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Category Archives: war on terror

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.

I Thought We Were “Looking Forward”

30 Friday Apr 2010

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

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Attorney General Eric Holder, Balloon Juice, CIA, confidential sources, James Risen, John Cole, Obama administration, State of War, subpoena

Wait a minute. I sense some inconsistency here. What happened to “look forward, not back?”:

“The Obama administration is seeking to compel a writer to testify about his confidential sources for a 2006 book about the Central Intelligence Agency, a rare step that was authorized by Attorney General Eric H. Holder Jr.

The author, James Risen, who is a reporter for The New York Times, received a subpoena on Monday requiring him to provide documents and to testify May 4 before a grand jury in Alexandria, Va., about his sources for a chapter of his book, “State of War: The Secret History of the C.I.A. and the Bush Administration.” The chapter largely focuses on problems with a covert C.I.A. effort to disrupt alleged Iranian nuclear weapons research.”

John Cole at Balloon Juice makes the call:

“It’s just a damned shame Risen didn’t torture anyone. I’m serious- can’t Risen just claim he tortured someone to get the information, but destroyed the tapes? Then mumble something about a few bad apples.

Doesn’t that get you a pass under the current rules?”

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.

President Obama to Indonesians: Look Backward, Not Forward

26 Friday Mar 2010

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

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Glenn Greenwald, human rights, Indonesia, look backwards, President Obama, Salon

From the Department of ‘Do As I Say, Not As I Do’ comes this from Glenn Greenwald at Salon:

“President Obama gave an interview earlier this week to an Indonesian television station in lieu of the scheduled trip to that country which was canceled due to the health care vote.  In 2008, Indonesia empowered a national commission to investigate human rights abuses committed by its own government under the U.S.-backed Suharto regime “in an attempt to finally bring the perpetrators to justice,” and Obama was asked in this interview:  “Is your administration satisfied with the resolution of the past human rights abuses in Indonesia?”  He replied:

We have to acknowledge that those past human rights abuses existed.  We can’t go forward without looking backwards . . . .

Did I miss something or isn’t that the polar opposite of Obama’s policy toward officials in the Bush administration accused of human rights violations by way of “enhanced interrogation techniques” (aka torture) in pursuit of the “war on terror?”

Greenwald:

“Why, as Obama sermonized, must Indonesians first look backward before being able to move forward, whereas exactly the opposite is true of Americans?  If a leader is going to demand that other countries adhere to the very “principles” which he insists on violating himself, it’s probably best not to use antithetical clichés when issuing decrees, for the sake of appearances if nothing else.

[…]

Nothing enables the glorification of crimes, and nothing ensures their future re-occurrence, more than shielding the criminals from all accountability.  It’s nice that Barack Obama is willing to dispense that lecture to other countries, but it’s not so nice that he does exactly the opposite in his own.”

Where Are the Deficit Hawks on Pentagon Spending?

25 Thursday Mar 2010

Posted by Craig in Afghanistan, budget, economy, Iraq, Pentagon, Politics, war on terror

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cost overruns, F-35 Joint Strike Fighter, government spending, Pentagon

Think of what the reaction of the self-anointed deficit hawks in Washington would be to this headline in relation to any government spending not affiliated with the Pentagon:

“Cost of (insert name of program here) Will Be Double the Original Estimates”

Members of Congress would be stampeding to find a microphone and rail against wasteful government spending. The Tea Party movement would take to the streets in protest. Radio and TV talkers would be ranting about “stealing money from our children and grandchildren.” So why no outcry over this:

“Since 2001, when an F-35 Joint Strike Fighter was expected to cost an already hefty $50 million, the plane’s cost has soared into the stratosphere…The estimated cost today is $113 million per plane.  Yes, that’s per plane….It’s also 2 ½ years behind schedule.  Keep in mind that the Marines, the Air Force, and the Navy are planning to buy a combined 2,450 of them for what’s now an eye-popping $323 billion.”

That’s assuming there are no more cost overruns. Quite a stretch, to say the least.

“In other words, if all goes well from here (an unlikely possibility), a single future weapons system is now estimated to cost the American taxpayer almost one-third of what the Obama administration’s health-care plan is expected to cost over a decade.”

Where are Sens. Nelson, Landrieu, and Lincoln? Where are Sen. McConnell, Rep. Boehner and the born-again fiscal conservatives in the Republican Party? Strangely silent. To his albeit limited credit, Sen. McCain offered this scathing rebuke (sarcasm intended) :

“The taxpayers are a little tired of this. I can’t say that I can blame them.”

Strong stuff there, huh?

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.

Guantanamo Detainee Ordered Released

23 Tuesday Mar 2010

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

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Bush administration, District Judge James Robertson, Donald Rumsfeld, Guantanamo, Mohamedou Slahi, release, special techniques, torture

In another victory for the rule of law and a defeat for the Bush administration’s “war on terror” policies (sadly continued by the Obama administration), U.S. District Judge James Robertson has ordered the release of Mohamedou Slahi, who has been held at Guantanamo since 2002, without charges. The Miami Herald has the story:

“A federal judge on Monday ordered the Pentagon to release a long-held Mauritanian captive at Guantánamo Bay who was once considered such a high-value detainee that former Secretary of Defense Donald Rumsfeld designated him for “special interrogation techniques.”

About those “special techniques” ordered by Rumsfeld

“Slahi is the 34th Guantánamo detainee ordered freed since the U.S. Supreme Court ruled detainees could challenge their incarceration in federal court, but his name was already well known because of investigations into detainee abuse.

The interrogations were so abusive a highly regarded Pentagon lawyer, Marine Lt. Col. Stuart Couch, quit the case five years ago rather than prosecute him at the Bush administration’s first effort to stage military commissions.”

Those probes found Slahi had been subjected to sleep deprivation, exposed to extremes of heat and cold, moved around the base blindfolded, and at one point taken into the bay on a boat and threatened with death. Investigators also found interrogators had told him they would arrest his mother and have her jailed as the only female detainee at Guantánamo if he did not cooperate.

And as if any further proof of the ineffectiveness of those interrogation methods were needed (emphasis added):

“In November 2006 he wrote his lawyers that he had denied any wrongdoing while in custody until he was tortured. “I yess-ed every accusation my interrogators made,” after they tortured him, he said. “I even wrote the infamous confession about me planning to hit the CN Tower in Toronto.”

The Obama Justice Department is “reviewing the ruling.” *Sigh* Here’s the only “review” needed:

“He’s been incarcerated, tortured and interrogated and rendered illegally,” said attorney Nancy Hollander of Albuquerque, N.M., who represents Slahi free of charge. “After almost 10 years the government has not been able to meet the minimal burden to detain him that’s required under habeas. He should be free.”

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?

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