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Tag Archives: Newsweek

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.

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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.

Continuing the Bush / Cheney "War on Terror" Policies

01 Monday Feb 2010

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

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Barack Obama, Bush/Cheney, criminals, Glenn Greenwald, Khalid Sheikh Mohammed, Libya, Muammar Gaddafi, New York City, Newsweek, Obama DOJ, poor judgment, Ronald Reagan, rule of law, Salon, terrorist

As someone who voted for Barack Obama in 2008,  I’ve been disappointed in many of the actions of the Obama administration. None more so than their continuation of the Bush/Cheney policies of dealing with those accused of terrorist activities. I expected much better from a president who professed to be something of a Constitutional scholar, and the administration bowing to pressure over the weekend from those who are against trying Khalid Sheikh Mohammed and 4 others in New York City has only renewed that disappointment.

It also didn’t help that, in a Newsweek article on Friday, the Obama Justice Department has, what Newsweek called “downgraded” but a better term would be “whitewashed,” a Bush DOJ recommendation that Jay Bybee and John Yoo should be investigated for committing ethical violations in connection with authoring the 2002 torture memos. The Obama DOJ now calls their actions simply “poor judgment.”

In light of that, Glenn Greenwald has an excellent piece in Salon which is a must-read for anyone who shares my concerns, and which compares the Bush/Cheney policies with those of the current administration. The sad fact being that there isn’t much difference. Greenwald writes:

“From indefinite detention and renditions to denial of habeas rights, from military commissions and secrecy obsessions to state secrets abuses, many of the defining Bush/Cheney policies continue unabated under its successor administration.

...it’s now crystal clear that the country, especially its ruling elite, is either too petrified of Terrorism and/or too enamored of the powers which that fear enables to accept any real changes from the policies that were supposedly such a profound violation “of our values.”  One can only marvel at the consensus outrage generated by the mere notion that we charge people with crimes and give them trials if we want to lock them in a cage for life. Indeed, what was once the most basic and defining American principle — the State must charge someone with a crime and give them a fair trial in order to imprison them — has been magically transformed into Leftist extremism.”

…there is clearly a bipartisan and institutional craving for a revival (more accurately:  ongoing preservation)  of the core premise of Bush/Cheney radicalism:  that because we’re “at war” with Terrorists, our standard precepts of justice and due process do not apply and, indeed, must be violated.

That “Leftist extremism” would by today’s standards include that noted leftist, Ronald Reagan, whose policy on dealing with terrorists, as stated by L. Paul Bremer, the top Reagan State Department official in charge of  Terrorism policies, was this:

“Another important measure we have developed in our overall strategy is applying the rule of law to terrorists. Terrorists are criminals. They commit criminal actions like murder, kidnapping, and arson, and countries have laws to punish criminals. So a major element of our strategy has been to delegitimize terrorists, to get society to see them for what they are — criminals — and to use democracy’s most potent tool, the rule of law against them.”

Greenwald also has the just-released policy of another country in dealing with al-Qaeda, along with some quotes from that country’s leader. See who this sounds like:

“_____ will hold up to 300 al Qaeda members in jail indefinitely after they have completed their prison terms to stop them staging fresh attacks.

“These people are heretics. They are followers of (Osama) Bin Laden and Ayman al-Zawahri. They killed a number of civilians and police…It is a necessity to keep them in prison. They are very dangerous as they are ready to resume killing people in our streets here or travel…elsewhere to stage attacks…These people constitute a danger even when the court had pronounced its verdict. Security authorities are the ones who are responsible for this matter to say whether they are dangerous or not. The court verdict is void of reason in such cases.”

The country is Libya. The speaker is Muammar Gaddafi.

Obama DOJ: Authorizing Torture Just "Poor Judgment"

30 Saturday Jan 2010

Posted by Craig in Justice Department, Obama, torture

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2002 memo, DOJ, Jay Bybee, John Yoo, Newsweek, OPR, torture

The Obama administration Department of Looking Forward, Not Back has come to the conclusion that the authorization of the use of “enhanced interrogation techniques” torture is nothing more than “poor judgement.” From Michael Isikoff and Daniel Klaidman at Newsweek:

“..an upcoming Justice Department report from its ethics-watchdog unit, the Office of Professional Responsibility (OPR), clears the Bush administration lawyers who authored the “torture” memos of professional-misconduct allegations.

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.”

Meet the new DOJ, same as the old DOJ.

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