Showing posts with label special prosecutor. Show all posts
Showing posts with label special prosecutor. Show all posts

July 17, 2008

House Democrat Calls For New "contempt Of Congress" Prosecutor

By John Bresnahan


(The Politico) Rep. Brad Miller (D-N.C.) has introduced legislation calling for the appointment of a special prosecutor to handle criminal contempt of Congress charges when Justice will not cooperate.

The Miller bill grows out of the dispute between House Democrats and the White House over subpoenas issued to White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers.

The committee issued the subpoenas as part of its probe into the 2006 firing of nine U.S. attorneys. Bolten and Miers, relying on an assertion of executive privilege by President Bush, refused to comply with the subpoenas. The House passed both criminal and civil contempt resolutions against Bolten and Miers, but the Justice Department, citing earlier legal opinions, declined to allow a federal prosecutor to bring the case before a grand jury. The Judiciary Committee has filed a civil lawsuit against the Justice Dept. seeking to enforce the subpoenas.

According to Miller's office, his new bill would allow a federal judge to "appoint an independent ;Special Advocate' to investigate and prosecute alleged Contempt of Congress charges passed by the House of Representatives against current and former executive branch employees, when the Justice Department fails to do so." The special prosecutor would technically work for attorney general, but in reality, would be "largely independent from both the executive and legislative branches and not subject to undue political influences."

“The law explicitly requires the Justice Department to present Contempt of Congress charges to the grand jury, but the Bush Administration claims Congress can not compel a U.S. attorney to prosecute contempt cases where the White House claims executive privilege,” Miller said in a statement. “Other presidents have made bodacious claims about their powers, but always compromised in the end. No president, not even Nixon, has gone this far before.”

Miller's new legislation comes as Bush, at the recommendation of Attorney General Michael Mukasey, is once again asserting executive privilege and refusing to turn over to the House Oversight and Government Reform Committee documents related to the criminal probe into the outing of former CIA operative Valerie Plame Wilson.

Rep. Henry Waxman (D-Calif.), chairman of the Oversight panel, is seeking unredacted FBI interviews with current and former top White House officials involved in the episode, including former Bush strategist Karl Rove.


June 19, 2008

WAR CRIMES DOSSIER: repost of 2004 torture article in Commondreams

U.N. Report Slams Use of Torture to Beat Terror
by Thalif Deen

UNITED NATIONS - No country can justify torture, the humiliation of prisoners or violation of international conventions in the guise of fighting terrorism, says a U.N. report released here.

The 19-page study, which is likely to go before the current session of the U.N. General Assembly in December, does not identify the United States by name but catalogues the widely publicized torture and humiliation of prisoners and detainees in Iraq and Afghanistan by U.S. troops waging the so-called ”war on terrorism.”


Bush is thumbing his nose at the international community and all those who respect human rights by nominating Gonzales. You cannot simply up and bolt from the Geneva Conventions and the Anti-Torture Convention. Gonzales is Ashcroft without the edges and the delirium and the baritone. But the policy will remain the same.

Matt Rothschild, editor of 'The Progressive' magazine
The hard line taken by the United Nations comes amidst the controversial appointment of a new U.S. attorney general, who has implicitly defended the use of torture against ''terrorists'' and ''terror suspects''.

On Wednesday, U.S. President George W Bush named White House legal counsel Alberto Gonzales as attorney general to succeed John Ashcroft, who announced his resignation last week.

In a now-infamous memo to the White House in January 2002, Gonzales argued that captured members of the former ruling Taliban regime in Afghanistan were not protected under the Geneva Conventions, which stipulate the treatment of prisoners of war (POWs). The United States has signed the Geneva Conventions.

The same policy was applied to prisoners in Abu Ghraib prison in Baghdad who were tortured and humiliated by U.S. troops following the U.S.-led invasion of Iraq in March 2003, raising outrage among human rights activists and other people worldwide.

The U.S. Army Criminal Investigation Command is now prosecuting several U.S. soldiers on criminal charges, including involuntary manslaughter, for their treatment of prisoners.

Gonzales has also described international conventions governing prisoners of war, including the Geneva Conventions, as ''obsolete.''

According to the author of the 19-page U.N. report, 'Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment', ''The condoning of torture is, per se, a violation of the prohibition of torture.”

The study, by U.N. Special Rapporteur on Human Rights Theo van Boven, points out that ''legal argument of necessity and self-defense, invoking domestic law, have recently been put forward, aimed at providing a justification to exempt officials suspected of having committed or instigated acts of torture against suspected terrorists from criminal liability.''

But, Van Boven says, ''the absolute nature of the prohibition of torture and other forms of ill-treatment means that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as justification for torture.''

Von Boven said he has received information ''on certain methods that have been condoned and used to secure information from suspected terrorists.''

He says these include, ''holding detainees in painful and-or stressful positions, depriving them of sleep and light for prolonged periods, exposing them to extremes of heat, cold, noise and light, hooding, depriving them of clothing, stripping detainees naked and threatening them with dogs.''

''The jurisprudence of both international and regional human rights mechanisms is unanimous in stating that such methods violate the prohibition of torture and ill-treatment,'' Von Boven adds.

In the aftermath of the Sep. 11, 2001 terrorist attacks on the United States, he says, ''thousands of persons suspected of terrorism, including children, have been detained, denied the opportunity to have legal status determined and prevented from having access to lawyers.''

Some of them, he adds, are said to be still held in solitary confinement, ''which in itself may constitute a violation of the right to be free from torture.''

Asked if he supports a call by Amnesty International for an independent commission to probe U.S. detention policies in Iraq and Afghanistan, Van Boven told reporters in October that such a probe is imperative.

''Whenever there are serious allegations of torture, investigations are absolutely necessary. And the results of these investigations should be made public because it's absolutely a public affair,'' said the special rapporteur.

In view of the U.N. position, the appointment of Gonzales as the new U.S. attorney general is a slap in the face of the international community, says Matt Rothschild, editor of 'The Progressive' magazine.

''Bush is thumbing his nose at the international community and all those who respect human rights by nominating Gonzales,'' Rothschild told IPS.

''You cannot simply up and bolt from the Geneva Conventions and the Anti-Torture Convention. Gonzales is Ashcroft without the edges and the delirium and the baritone. But the policy will remain the same,'' he added.

''It was Gonzales, along with Ashcroft and (Defense Secretary Donald) Rumsfeld and (Vice President Dick) Cheney, who signed off on tougher interrogation methods and on the hiding of prisoners from the International Red Cross,'' said Rothschild.

According to Francis A Boyle, who teaches international law at the University of Illinois, ''As White House counsel, Alberto Gonzales originated, authorized, approved and aided and abetted grave breaches of the Third and Fourth Geneva Conventions of 1949, which are serious war crimes.”

''In other words, Gonzales is a prima facie war criminal. He must be prosecuted under the Geneva Conventions and the U.S. War Crimes Act,'' Boyle told IPS.

In any event, the U.S. Senate must reject his nomination, because, as a presumptive war criminal, Gonzales is not fit to be attorney general of the United States, he continued.

''Should Gonzales travel around the world in that capacity, human rights lawyers such as myself will attempt to get him prosecuted along the lines of what happened to (former Chilean dictator) General (Pinochet,''
said Boyle, author of 'Destroying World Order'.

Jordan J Paust, law foundation professor at the University of Houston, agrees with Boyle's thesis.

'The denial of protections under the Geneva Conventions is a violation of the Geneva Conventions, and every violation of the laws of war is a war crime. Complicity in connection with war crimes (such as aiding and abetting the denial of protections) is also criminally sanctionable,''
Paust told IPS.

Thus, it appears Gonzales is reasonably accused of international criminal activity, he added, although he has the human right to be presumed innocent until proven guilty in a court of law that provides basic human rights to due process protections, ”that he chose to deny others with respect to the military commissions at Guantanamo Bay” (where Washington detains terror suspects).

''Whether or not Gonzales is guilty, the taint in this instance is surely enough to require that he not be confirmed in any U.S. governmental position, especially since the Bush administration has stated that it is still the policy of the United States to have a government under law and to promote the rule of law and human rights -- rights that are reflected also in the Geneva Conventions,'' Paust added.

''Making Alberto Gonzales the attorney general of the United States would be a travesty,'' says Michael Ratner, president of the Center for Constitutional Rights.

''It would mean taking one of the legal architects of an illegal and immoral policy and installing him as the official who is charged with protecting our constitutional rights. The Gonzales memo paved the way for Abu Ghraib,''
Ratner said in a statement issued Thursday.

###

WAR CRIMES DOSSIER: Andrew Sullivan: "We Do Not Torture"

"We Do Not Torture"

18 Jun 2008 12:30 pm

Yoomandelnganafpgetty

The latest reality check on the gravest lie this president has ever told:

Physicians for Human Rights, an advocacy group based in Cambridge, Mass., that investigates abuse around the world and advocates for global health and human rights, did not identify the 11 former prisoners to protect their privacy. Seven were held in Abu Ghraib between late 2003 and summer of 2004, a period that coincides with the known abuse of prisoners at the hands of some of their American jailers. Four of the prisoners were held at Guantanamo beginning in 2002 for one to almost five years. All 11 were released without criminal charges.

Those examined alleged that they were tortured or abused, including sexually, and described being shocked with electrodes, beaten, shackled, stripped of their clothes, deprived of food and sleep, and spit and urinated on.

Or are you going to believe Dick Cheney? What's staggering to me is the moral relativism of these men who report to a fundamentalist Christian. You cannot compromise on the meaning of the word "marriage". But "torture"? No problem. The only outer limit is murder. John Yoo led the way:

Torture "is basically subject to perception," CIA counterterrorism lawyer Jonathan Fredman told a group of military and intelligence officials gathered at the U.S.-run detention camp in Cuba on Oct. 2, 2002, according to minutes of the meeting...

The newly released documents show that in the summer of 2002, Pentagon officials compiled lists of aggressive techniques, soliciting opinions from the CIA and others, and ultimately implementing the practices over opposition from military lawyers who argued that the proposed tactics were probably illegal and could harm U.S. troops.

Lindsey Graham describes these actions as "irresponsible." I guess he can't yet quite believe that his president meant them. When Bush says that Abu Ghraib was the work of a few, he forgot to mention that he was one of them.

(Photo: War criminal John Yoo by Mandel Ngan/AFP/Getty.)

"We Do Not Torture"

Trackback: http://www.typepad.com/t/trackback/2224950/30305804

June 18, 2008

Countdown to Changing of the Guard, H. Res. 1258, H. res. 333

Yes, it's closer than you think. We can all now connect the "dots."

Those who have the fantasy it's going to take until November had best think hard about the consequences of NOT pursuing impeachment NOW have a chance to now look at the overwhelming evidence of the folly of such a plan.

Each legislator, including state attorney generals, takes a sworn oath to uphold the Constitution of the United States against all enemies foreign and domestic.

Under the rules of Geneva, any nation that does not police itself is considered a failed state.

It is fair to say that the United States has been more than lax at that fundamental nationstate requirement.

- Due to the mistreatment of POWs (detainees) - and for information's sake here, it is alleged that those Boeings were used to transfer drugs and the POWs used as a cover for that illegal activity - we can read about this situation here, here, here and here. A great place to put a face on the victims can be found at freedetainees.org. Consider: when the US does the torturing, our soldiers are at risk under the rule of reciprocity. We need to realize that the Military Commissions Act has grave implications.

- involvement in an ILLEGAL war of aggression and continued illegal sabre-rattling at nations from the highest levels of government and even our presidential candidates,

- Russia and China have been chomping at the bit to come to North America and take over.

Medvedev has been in Europe (unhappy with the installation of the US missile shields themselves - the news on THAT leaked out at the last G8 summit, while scores of nations moved frantically to distance themselves from participating in the WAR CRIMES imposed by tyrant BuZhCo.)

The Russians are writing scores of articles on the state of the impeachment effort; they know how to do the "spin" on their efforts to ensure human rights with the use of ngo's (non government organizations).

Now consider this statement following the Supreme Court decision in

The US strategic interests have been threated by the creation of legitimate terrorists,

says Alberto J. Mora, former General Council of the Navy, following The Supremes' decision on habeas corpus. The imposition of lawlessness by The Decider and his CONgressional enablers needs to come to a screeching halt. A reorganization of US intel operations (mostly outsourced and privatized now) is URGENTLY required.

While McCain has been excoriated already, the pro-AIPAC stance of Obama, his ties to organized crime and Rezko, his alliance with Zbig and the failure to be a unifying force in following the US Constitution should have been a testiment to why impeachment must be pursued now. His advisers are nothing about CHANGE; they're just post Clinton Mach 2. There are unions are already upset with his economic "policies". Perhaps it will take time for those in the adrenalated love trance to wake up, but that's an eventuality.

What is needed is a campaign for a new foreign policy.

What is needed is a more realistic economic program: something Dennis Kucinich offered up with his economic advisor, Dr. Michael Hudson.

To get personal, I have a real problem reading "liberal"/"progressive" threads suggesting we must wait for Obama to come to everyone's rescue.

As has been noted over the course of the last eight years of horror, there are NO MORE MESSIAHS. The power lies in We the People.

Our imperative as citizens is to the United States Constitution, not party affiliation ! Geneva is the Supreme Law of the Land - it's been so through the last eight bloody years.

The nexus of the arguments for impeachment was laid out last night on Keith Olbermann's Countdown. I was, unlike many others, not surprised to see this installment of public denunuciation of The Decider's ruthless flaunting of the law and morality.

GENOCIDE is the Supreme International Crime. Two nations have been turned into sand/glass - at least 1 million dead, (1 million before that under sanctions, mostly innocent women and children), 1 million declared refugees, and at least 2 million displaced persons .. real numbers aren't kept so estimates are necessary. This, too, is an international violation.

Regardless of what people think those who do not uphold their oaths are subject to WAR CRIMES prosecutions and subject to death and imprisonment.

Finally, this nation has woken up for it's nightmare and refuses to be victims of the information warfare!

Lawyers for Guantanamo "detainees" left for Guantanamo Bay yesterday.

When they return (and remember they all KNOW THE LAW and have seen the suffering) - they've all learned the real laws of GENEVA. The military JAGS who warned of the illegality of the war and counselled against it are going to make it clear that it's time to get this Constitutional crisis/international humiliation "on the table".

As for us citizens, We the People, our lives our totally threatened by the breakdown of law and order - the market is going to crash by October which is a done deal - BUT the market manipulations continue unabetted without a single piece of oversight. In fact, OUR gold is missing. Chalmers Johson has made the point it was military spending that brought America to its knees. Yet have a little run through of Tom Murtha's proposed 2009 budget! We don't need a police state, martial law depleted uranium and other radiation nor BIOWEAPONS.

Many have been deceived as to the true nature of the obstacles that we face as the earthchanges set in. Our energy must be going towards having the manpower to rescue our fellow countrymen.

There have been so many lies proliferated during the information warfare directed against We the People it's been hard to verify the truth of the realities of our existence. And while the MSM has been complicit in the CRIMES, we have established our own networks and will do fine, as long as we realize that "dots" must be connected and we must find the patterns that have not been reported in this era of mis/disinformation.

Yes, impeachment (an investigation) is going to take awhile to process, but without an immediate return to the RULE OF LAW, there is so much more to lose.

I believe Conyers has been persuaded to save his own neck, that republicans will quickly jump the Decider's ship if they want to retain any chance of re-election. In fact, I am sure within the halls of CONgress all this has been widely discussed already. A full 50% of republicans are ready to revolt according to recent polls. They need a new candidate ... (and it's sure not gonna be Jeb BuZh!)

On my blog, I have provided links to every document relevant - to be downloaded - for your convenience over the course of the past few months.

International WAR CRIMES suits are being filed in other nations, but let's get our house in order, keeping the focus on our nation's own complicity first.

This is our last chance as a civilation to avoid NUCLEAR WAR.

The moment has come! This CAN be done! It shall be done !

We had a problem; now we move to the solution. No more playing with matches! Time to bring the infantile deceptors to a court of LAW.

A special prosecutor on torture will be appointed.

What has happened must never be allowed to happen again.

It's time to planetize.

We can face the truth about global warming, about "peak oil", about AIDS, and move on to being truly global citizens at last.

Sure the right wing and the evangelicals are going to be rabid for a time, but it's our job to convince them by providing the information that will undo the information warfare that's been used against us, We the People.

It's time for a changing of the Guard

and yes, dreams really do come true.

We'll sing our songs and bang our drums instead.


June 10, 2008

IMPEACHMENT TOOLKIT: update 3:30 10 June 2008

The actual Kucinich impeachment text, all 35 articles:

AP, yesterday:

http://ap.google.com/article/ALeqM5iE21FOVAfMfEbAE5LDwiYm8fGh4QD916SHJ01

The Village Voice, today:

http://blogs.villagevoice.com/runninscared/archives/2008/06/kucinich_introd.php

A petition supporting Dennis Kucinich's articles of impeachment:

http://www.democrats.com/35-articles-of-impeachment

#1: Creating a secret propaganda campaign to manufacture a false case for war against Iraq

#2 Falsely, Systematically, and with Criminal Intent Conflating the Attacks of September 11, 2001, With Misrepresentation of Iraq as a Security Threat as Part of Fraudulent Justification for a War of Aggression

#3 Misleading the American People and Members of Congress to Believe Iraq Possessed Weapons of Mass Destruction, to Manufacture a False Case for War

#4 Misleading the American People and Members of Congress to Believe Iraq Posed an Imminent Threat to the United States

#5 Illegally Misspending Funds to Secretly Begin a War of Aggression

#6 Invading Iraq in Violation of the Requirements of HJRes114

#7: Invading Iraq without a declaration of war.

#8: Invading Iraq in violation of the U.N. charter and international law.

#9: Failing to provide troops with body armor and vehicle armor.

#10: Falsifying accounts of US troops deaths and injuries for political purposes

#11: Establishment of permanent military bases in Iraq

#12: Initiating a war against Iraq for control of that nation's natural resources.

#13: Secret task force for directing national energy policy

#14: Misprision of a felony, misuse and exposure of classified information and cover up (Plame outing)

#15: Providing immunity from prosecution for criminal conduct for contractors in Iraq

#16: Reckless misspending and wasted US tax dollar with Iraq contractors

#17: Illegal detention – detaining indefinitely, and without charge, American citizens and foreign captives (suspension of habeus)

#18: Torture – secretly authorizing and encouraging use of torture, as matter of official policy

#19 Rendition

#20 Imprisoning Children Bush is guilty of impeachable offence arcticle 20, imprisoning children. Has personal and acting through agents has held at least 2,500 children in violation of Geneva convention and the rights of children in armed conflict signed by the US in 2002.

#21 Misleading Congress about threats from Iran

#22. HAS ESTABLISHED A BODY OF SECRET LAWS THROUGH THE OFFICE OF LEGAL COUNSEL. THE YOO MEMORANDUM WAS DECLASSIFIED YEARS AFTER IT SERVED AS LAW UNDER THE EXECUTIVE BRANCH.

#23 Violated Posse Comitatus Act ESTABLISHED PROGRAMS FOR THE USE OF THE MILITARY IN LAW ENFORCEMENT. MUST BE AUTHORIZED BY THE CONSTITUTION OF THE CONGRESS SO THAT THE MILTARY CANNOT BECOME A NATIONAL POLICE FORCE.

#24 Spying on citizens violating 4th Amendment.

#25 Directing telecoms to collect databases on US citizens.

#26 Announcing intent to violate laws w/signing statements, and then violating those laws.

#27 Failing to comply with congressional subpoenas, and instructing others to do so.

#28 Tampering with free and fair election[s]. Corruption with the administration of justice, False allegations of voter fraud in selected districts, immediately preceding elections. Undermining process.

#29: Conspiracy to violate voting rights act of 1965, Ohio Sec of State 2004-06

#30: Misleading congress and american people in an attemtp to destroy medicare.

#31 Katrina and the failures of gross negligence of the administration.

#32: Misleading congress and the American people. Systematically undermining global climate change. Article 2, Section 3: Personally and through subordinates including the VP, for not protecting property of people vis a vis global climate change thru deception. Failure to ratify Kyoto. Editing reports - 294 edits by a lobbyist to add data which called into question the facts by muddying them. Or diminishing scientific findings.

#33: Repeatedly ignored and failed to respond to high level intelligence warnings of planned terrorist attacks in U.S. prior to 9/11.

Clark warned the president in daily briefings of the threat. Clark was unable to conviene a cabinet level position. Tenet met with the president 40 times to warn of threat. Still no meetings of top officials.

#34: Obstruction into the investigation of 9/11

#35: endangering the health of 9/11 first responders


June 09, 2008

Lawmakers Urge Special Counsel Probe of Harsh Interrogation Tactics

Washington Post Staff Writer
Sunday, June 8, 2008; Page A07

This Story

In a letter to Attorney General Michael B. Mukasey, the lawmakers cited what they said is "mounting evidence" that senior officials personally sanctioned the use of waterboarding and other aggressive tactics against detainees in U.S.-run prisons overseas. An independent investigation is needed to determine whether such actions violated U.S or international law, the letter stated.

"This information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law,"
it said. The letter was signed by 56 House Democrats, including House Judiciary Committee Chairman John Conyers Jr. (D-Mich.) and House Intelligence Committee members Jan Schakowsky (D-Ill.) and Jerrold Nadler (D-N.Y).

The request was prompted in part by new disclosures of high-level discussions within the Bush administration that reportedly focused on specific interrogation practices. Some of the new detail was contained in a report last month by the Justice Department's inspector general, which described a series of White House meetings in which the controversial tactics were vigorously debated.

Conyers, whose committee already is looking into the role played by administration lawyers in authorizing aggressive measures, said a broader probe is now needed.

"We need an impartial criminal investigation,"
said Conyers, who called the detainee controversy
"a truly shameful episode" in U.S. history. "Because these apparent 'enhanced interrogation techniques' were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious."

Justice officials had not yet studied the letter and would not comment, said Peter Carr, a department spokesman. "The department reviews every letter received by Congress and responds appropriately," he said.

The House letter suggested a broad inquiry that would examine the consequences of administration decisions at U.S. detention sites in Iraq; at Guantanamo Bay, Cuba; and in former secret prisons operated by the CIA. The letter said interrogation policies had resulted in "abuse, sexual exploitation and torture" that may have violated the War Crimes Act of 1996 and the American Anti-Torture Act of 2007.

"Despite the seriousness of the evidence, the Justice Department has brought prosecution against only one civilian for an interrogation-related crime," the letter states. "Given that record, we believe it is necessary to appoint a special counsel in order to ensure that a thorough and impartial investigation occurs."

Numerous human rights groups have been calling for such an investigation for several years. Jennifer Daskal, senior counterterrorism counsel for Human Rights Watch, said the request by House members will be significant even if the request for a special counsel is refused.

"The fact that so many representatives have called for the investigation helps lay the groundwork for the inevitable reckoning and accounting that the next administration is going to have to do regarding this administration's practices," Daskal said.

Same story by Public Record's Jason Leopold !!

(note this gives the entire timeline of the torture developments - but leaves out significant details of other detainee torture .. )

House Democrats Want Bush Administration Investigated for War Crimes



House Democrats sent a letter to Attorney General Michael Mukasey Friday requesting that he appoint a special prosecutor to investigate whether White House officials, including President Bush, violated the War Crimes Act when they allowed interrogators to use brutal interrogation methods against detainees suspected of ties to terrorist organizations.


The letter, signed by 56 Congressional lawmakers, including House Judiciary Committee Chairman John Conyers, who is leading an investigation into the administration’s interrogation practices, says the International Committee of the Red Cross conducted an independent investigation of interrogation practices at Guantanamo Bay and “documented several instances of acts of torture against detainees, including soaking a prisoner’s hand in alcohol and lighting it on fire, subjecting a prisoner to sexual abuse and forcing a prisoner to eat a baseball.”

“We believe that these events alone warrant action, but within the last month additional information has surfaced that suggests the fact that not only did top administration officials meet in the White House and approve of the use of enhanced techniques including waterboarding against detainees, but that President Bush was aware of, and approved of the meetings taking place,” the letter, dated June 6, says. The Justice Department is reviewing the letter, a spokesman said.

However, Mukasey has defended the administration's interrogation policies, and with seven month to go before a new president is sworn into office, it appears unlikely that Mukasey will act on the Democrats' request. Earlier this year, Mukasey has appointed a special counsel to investigate the destruction of videotapes showing CIA interrogators subjecting detainees to waterboarding.

In April, President Bush told an ABC News reporter during an interview that he approved of meetings of a National Security Council's Principals Committee, whose advisers included Vice President Dick Cheney, former National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, former CIA Director George Tenet and former Attorney General John Ashcroft, where these officials discussed specific interrogation techniques the CIA could use against detainees.


"This information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law," the letter to Mukasey says. “We believe that these serious and significant revelations warrant an immediate investigation to determine whether actions taken by the President, his Cabinet, and other Administration officials are in violation of the War Crimes Act, the Anti-Torture Act, and other U.S. and international laws.”

In declaring that the United States does not engage in torture, Bush administration officials appear to be relying on a narrower U.S. definition of torture than that is accepted under international law, such as the 1984 Convention Against Torture that was signed by the Reagan administration in 1988 and ratified by the U.S. Senate in 1994.

“The threshold for torture is lower under international law: acts that do not amount to torture under U.S. law may do so under international law,” wrote Philippe Sands, law professor at University College London, in a column published in the Dec. 9, 2005, edition of The Financial Times.

“Waterboarding – strapping a detainee to a board and dunking him under water so he believes that he might drown – plainly constitutes torture under international law, even if it may not do so under U.S. law. …

“When the U.S. joined the 1984 convention it entered an ‘understanding’ on the definition of torture, to the effect that the international definition was to be read as being consistent with the U.S. definition The administration relies on the ‘understanding.’

“So, when Ms. Rice says the U.S. does not do torture or render people to countries that practice torture, she does not rely on the international definition. That is wrong: the convention does not allow each country to adopt its own definition, otherwise the convention's obligations would become meaningless. That is why other governments believe the U.S. ‘understanding’ cannot affect U.S. obligations under the convention.”

Torture Memo Based on Health Benefits Law

The document that gave the White House the legal cover it needed to authorize the CIA to use waterboarding and other tortuous methods during detainee interrogations was based on a statute governing health benefits.

John Yoo, the former deputy assistant attorney general in the Justice Department’s Office of Legal Counsel (OLC) who drafted the legal opinion widely referred to as the ”torture memo,” concluded that unless the amount of pain administered to a detainee results in injury "such as death, organ failure, or serious impairment of body functions" than the interrogation technique could not be defined as torture.

Waterboarding, a brutal and painful technique in which a prisoner believes he is drowning, therefore was not considered to be torture.

"That statute defined an ‘emergency medical condition’ that warranted certain health benefits as a condition ‘manifesting itself by acute symptoms of sufficient severity (including severe pain)’ such that the absence of immediate medical care might reasonably be thought to result in death, organ failure, or impairment of bodily function," Jack Goldsmith, the former head of OLC, wrote in his book, The Terror Presidency.

"The health benefits statute's use of ‘severe pain’ had no relationship whatsoever to the torture statute. And even if it did, the health benefit statute did not define ‘severe pain.’ Rather it used the term ‘severe pain’ as a sign of an emergency medical condition that, if not treated, might cause organ failure and the like.... OLC’s clumsily definitional arbitrage didn't seem even in the ballpark."

Yoo has agreed to testify before the House Judiciary Committee about the legal opinions he drafted authorizing the use of waterboarding and other methods during interrogations. Former Attorney General John Ashcroft, former Under Secretary of Defense Douglas Feith, and former Assistant Attorney General Dan Levin have also agreed to give testimony at a future hearing. Former CIA Director George Tenet is still in negotiations with the committee.

Military Interrogators

Yoo, who now teaches at the University of California at Berkeley, also drafted a March 14, 2003 document, nearly identical to the August 2002 memo he authored, that essentially provided military interrogators with legal cover if they resorted to brutal and violent methods to extract information from prisoners.

"If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network," Yoo wrote.

"In that case, we believe that he could argue that the Executive Branch's constitutional authority to protect the nation from attack justified his actions."

The legal opinion for military interrogators was virtually identical to an earlier memo that Yoo had written in August 2002 for CIA interrogators. Widely called the “Torture Memo,” it provided CIA interrogators with the legal authority to use long-outlawed tactics, such as waterboarding, when interrogating so-called high-level terrorist suspects.

Yoo, Others, Under Investigation

The Justice Department's Office of Professional Responsibility (OPR) launched a formal investigation to determine whether Yoo, and other attorneys in the Office of Legal Counsel, provided the White House with poor legal advice when it drafted memos authorizing the use of “enhanced interrogation” methods.

In a Feb. 18, letter sent to Sen. Dick Durbin, the Illinois Democrat who requested the probe, H. Marshall Jarrett, the head of OPR, said his office intends to question Yoo, and his former boss, Jay Bybee, the former head of OLC, now a federal appeals court judge in San Francisco, who signed the “torture memo.”

"Among other issues, we are examining whether the legal advice contained in those memoranda was consistent with the professional standards that apply to Department of Justice attorneys," Jarrett's letter says, adding that his office may release the findings of the investigation publicly.

Bush Approved

Lt. Gen. Ricardo S. Sanchez, the top commander in Iraq who retired last year, instituted a “dozen interrogation methods beyond” the Army’s standard practice under the convention, according to a 2004 report on the prisoner abuse at Abu Ghraib prepared by a panel headed by James Schlesinger, as a result of an action memorandum, dated Feb. 7, 2002, that was signed by President Bush.

The memo Bush signed stated that the Geneva Convention did not apply to members of al-Qaeda or the Taliban.

Sanchez said he based his decision on “the President's Memorandum,” which he said had justified "additional, tougher measures" against detainees at Abu Ghraib, the Schlesigner report said.

Two years later, an internal FBI email emerged that said Bush had signed an Executive Order Bush’s Executive Order that authorized interrogators to use military dogs, “stress positions,” sleep “management,” loud music and “sensory deprivation through the use of hoods, etc.” to extract information from detainees in Iraq.

The American Civil Liberties Union released FBI e-mail in December 2004 after obtaining it through a Freedom of Information Act lawsuit.

Government Drops Charges

Last month, the Pentagon announced that it decided to drop war-crimes charges against Mohammed al-Qahtani, the alleged “20th hijacker” in the 9/11 attacks because the U.S. government would have been forced to reveal its own violations of the Geneva Convention, anti-torture statutes and the laws of war, according to lawyers representing al-Qahtani.

“All of the [incriminating] statements Mohammad al-Qahtani made or is alleged to have made were the result of torture or made under the threat of torture and that is in my view why the government decided to dismiss his case at this point,” said Vince Warren, executive director of the Center for Constitutional Rights (CCR) in New York.

CCR has been representing Mohammed al-Qahtani since 2005 and has led the legal battle for the human rights of detainees incarcerated at Guantanamo Bay, Cuba, for the last six years.

Al-Qahtani is believed to be one of the first detainees subjected to harsh questioning after the Justice Department issued a legal opinion in August 2002 permitting U.S. government interrogators to sidestep the Geneva Convention and use cruel and humiliating techniques, from forced nudity to stress positions to waterboarding, to extract information.

He was captured in December 2001. Much of the evidence against al-Qahtani was derived substantially from admissions that he made while under harsh interrogation. Last February, the Pentagon announced its intention to pursue the death penalty against al-Qahtani and five other men for their alleged involvement in the 9/11 attacks.

But on May 9, the Pentagon dismissed the case against al-Qahtani without explanation – and without prejudice, meaning that the charges could be reinstated at a later date. Though the charges were dropped, he will remain detained indefinitely at Guantanamo.

Torture Log

The harsh treatment of al-Qahtani was catalogued in an 84-page log of his interrogation that was leaked in 2006. The so-called “torture log” shows that beginning in November 2002 and continuing well into January 2003, al-Qahtani was subjected to sleep deprivation, interrogated in 20-hour stretches, poked with IV’s, and left to urinate on himself.

On Dec. 11, 2002, interrogators began to apply what they called the “pride and ego down approach,” subjecting him to religious and sexual humiliation, making him bark like a dog, and calling him “a pig” as he was made to pick up piles of trash with his hands cuffed.

Gitanjali S. Gutierrez, an attorney with CCR and the lead attorney defending al-Qahtani, said in a sworn declaration that his client, imprisoned at Guantanamo, was subjected to months of torture based on verbal and written authorizations from Rumsfeld.

“Mr. al-Qahtani was subjected to a regime of aggressive interrogation techniques, known as the ‘First Special Interrogation Plan,’" Gutierrez said. “Those techniques were implemented under the supervision and guidance of [former Defense] Secretary [Donald] Rumsfeld and the commander of Guantánamo, Major General Geoffrey Miller.

"These methods included, but were not limited to, 48 days of severe sleep deprivation and 20-hour interrogations, forced nudity, sexual humiliation, religious humiliation, physical force, prolonged stress positions and prolonged sensory over-stimulation, and threats with military dogs.”

Gutierrez’s claims about the type of interrogation al-Qahtani endured have since been borne out by the release of hundreds of pages of internal Pentagon documents, which described interrogation methods at Guantanamo, as well as by the findings of two independent reports on prisoner abuse.

Rumsfeld’s action memo was criticized by Alberto Mora, the former general counsel of the Navy.

“The interrogation techniques approved by the Secretary [of Defense] should not have been authorized because some (but not all) of them, whether applied singly or in combination, could produce effects reaching the level of torture, a degree of mistreatment not otherwise proscribed by the memo because it did not articulate any bright-line standard for prohibited detainee treatment, a necessary element in any such document,” Mora wrote in a 14-page letter to the Navy’s inspector general.

Additionally, a Dec. 20, 2005, Army Inspector General Report relating to the capture and interrogation of al-Qahtani included a sworn statement by Lt. Gen. Randall M. Schmidt, who said Secretary Rumsfeld was “personally involved” in the interrogation of al-Qahtani and spoke “weekly” with Maj. Gen. Miller about the status of the interrogations between late 2002 and early 2003.

"Despite the seriousness of the evidence, the Justice Department has brought prosecution against only one civilian for an interrogation-related crime," the letter sent to Mukasey by House Democrats states. "Given that record, we believe it is necessary to appoint a special counsel in order to ensure that a thorough and impartial investigation occurs."






May 31, 2008

Joseph Wilson comments on the Scott McClellan Book

ON AIR

Q&A: Joseph Wilson

The Former Ambassador Reacts To Scott McClellan's New Book
Tammy Haddad spoke with former Ambassador Joseph Wilson for the May 30 edition of "National Journal On Air." This is a transcript of their conversation.

Q: Joe, my first question is, have you read Scott McClellan’s book yet, or have you seen any of his interviews?

Wilson: Well, I haven’t read the book. I’ve seen a couple of the excerpts that have been published, and I’ve seen a couple of his interviews.

Q: And what’s your first reaction?

Wilson: Well, I think he’s handled himself very well. This is part of American history. It’s contemporary, and I think it’s an important new piece to our understanding of the Bush administration and the machinations that it put our society through.

Q: You watched him, almost every day for a couple of years, talk about your wife, about you, about this case. What did you think when you saw him for the first time giving another part of the story?

Wilson: Well, my initial reaction was the same reaction I had to [former chief of staff to the secretary of state] Larry Wilkerson, [former CIA analyst] Paul Pillar, and [Washington Post reporter] Tom Ricks and some of the others when they kind of came to their senses on this: Where were you when it counted? You should’ve been out there then, making the case that you are making now. We would’ve been better served by that. That said, I understand people work on their own timelines, and I am just glad that he’s got it out now.

I’m amused, by the way, that when he takes the press on for not having been vigorous enough, what does the press do but bring out to rebut him the old administration liars and traitors that we’ve known for many years, including Ari Fleischer and Karl Rove.

Q: Are you surprised at the vehemence and the counter-response, I should say, to his book?

Wilson: Of course not, because I witnessed this in my own case over the article I wrote in the New York Times. I think Scott is just lucky that his wife is not a covert officer in the CIA, otherwise she would’ve been compromised as well.

Q: Did Valerie see the interviews? What did she think?

Wilson: I don’t know. I haven’t talked to her about it. She’s on the other side of the country. She’s in New York and traveling back today. We’ll have a chance to chat about it over the weekend.

Q: Well, I wanted to read a couple quotes from Scott’s book, since you haven’t read it, and get your reaction. On page 228, he’s talking about the CIA leak investigation -- he calls it “The Plame Affair,” by the way. He calls her Valerie Plame. In fact, if you look at the index of the book, it’s an entire page. You’re still fighting about what her name is, right?

Wilson: Her name is Valerie Wilson. It’s been Valerie Wilson since we got married.

Q: Well, it hasn’t changed in Scott’s book, however. I’m going to quote, this is Scott talking: "I imagine some people slipped at times, and found themselves complaining about their hours before the grand jury or gossiping about whodunit. On a few occasions, even the president couldn’t help himself. I remember hearing him in the Oval or on Air Force One, grousing about having to hire an attorney, and about the atmospherics of being questioned." Can you respond to that?

Wilson: Well, I don’t know what to say about that. The president has demonstrated, through commuting [Scooter] Libby’s sentence, that he is, at a minimum, an accessory to an ongoing obstruction of justice. The only question that I would like to ask the president is, what did you know about this before it happened? Scott apparently also answers part of that by saying that the president admitted to him that he had authorized the selective leak of intelligence through Libby to [former New York Times reporter] Judy Miller, which may well have been Valerie’s name.

Q: Well, do you think that your civil case would have ended differently if this information had been out before?

Wilson: I have no idea. Our case, by the way, is in the Court of Appeals now, and we’re not letting this drop. We think that the U.S. justice system would be ill-advised to actually establish a precedent permitting public officials to engage in private political vendettas on the taxpayers' dime. That’s the principle we’re trying to establish with this, and we will carry this as far forward as we can in order to get that principle established.

Q: Let me keep reading: "From the outset of the investigation, the president had made a decision not to pursue the matter internally." He’s confirming that the president didn’t want anything looked into, and as you just mentioned, also the fact that the president in a nonchalant way revealed to Scott that he had specifically authorized the declassification of the NIE for the explicit purpose of the vice president and company to defend against your charges.

Wilson: Right, and the fact that is so shocking to me is that there was no internal investigation. As Claude Rains said in Casablanca, “I’m shocked, I’m shocked.” This is an utterly corrupt and utterly bankrupt administration, and the fact that the press still gives it any sort of credibility whatsoever -- and Scott mentions this in his book -- is surprising to me. And I think it’s a real low point -- one, in the administration of this country, and two, in the willingness of the press corps to take it on.

Q: Well, here’s my other question about that. Because he goes on on a couple pages on how my old NBC colleague, David Gregory, [ABC News reporter] Terry Moran, [CBS News reporter] Bill Plante and other White House correspondents went out and defended him, saying he’s doing the best job he can in that position. Did you think that was appropriate?

Wilson: Well, I was really struck by some of the comments I’ve heard in the last couple of days which basically say, Scottie, now you tell us. Which reaffirms to me that for many of the members of the White House press corps, simply being a stenographer and listening to what the spokesman says at the podium is sufficient for them to earn their salaries. When in fact, investigative journalism requires that you actually trust, but verify and go to other sources, and I think that’s where the press really let us down.

I said to somebody the other day, if you just do a Google search of how many times Scowcroft, Wilson, Zinni, Baker, Wes Clark, were on discussing the run-up to the war, versus Perle, Feith, Mr. Cakewalk -- whatever his name is, I can’t remember his name offhand -- but some of these other neocons, I think you would easily see that the realists in this debate were overwhelmed by the ideologues. And, indeed, I think there have been a number of press services that have acknowledged that they were caught up in the fervor of sort of being more patriotic then their competitors.

Q: Well, did you feel like that, Joe? Because I was working at MSNBC when you first came out -- after you wrote the column and came out and talked about it. And I know a lot of reporters were talking to you and were really interested in what you had to say. I mean, in many ways, had you not come forward, none of this would’ve happened. But now you’ve got a guy within the White House doing the exact same thing and getting completely killed for it by his own folks. We had Terry McAuliffe -- which the listeners will hear coming up on the show a little bit later -- and he said there is absolutely no excuse for anyone working with the president or anyone in power to come forward and tell tales out of school. Mr. McAuliffe is your friend, right?

Wilson: I know Terry. I know him quite well. I disagree with that assessment. I understand the concern and actually share it about telling tales out of school, but this administration has operated so far out of the parameters of normal American political behavior as to be, in my judgment, legitimately suspected of engaging in a criminal enterprise. And so, if you look at it in that context, then any and all information from the inside is useful to our understanding just how badly they have subverted our democracy.

Q: When you hear about this -- and I’ve already heard your comments about how you applaud Scott for coming forward -- but aren’t you a little angry that he didn’t quit? Because if he had quit, everyone would’ve looked at this so differently.

Wilson: Well, I preface my answer to that by saying my first response to him is the same response I’ve had to people like Larry Wilkerson and Paul Pillar -- the CIA and Wilkerson was [Colin] Powell’s aide -- where were you when it counted? You should’ve come forward when it counted. We might have been able to stop this crazy invasion. We might have been able to actually put some sanity back in the discussion of what our national security policy and approach should be, and they didn’t. They went along, and they quit later.

The only people who were out there prior to the war... And by the way, the debate on the war didn't split on partisan lines. It split largely along lines of the realist first Gulf War, like myself, and the ideologues -- those who had some fantasies that one, we really did have to worry about chemical and biological weapons and nuclear programs to the extent we had to invade, conquer and occupy sovereign nations, to those who actually believe in the concept that a madman and bad man is worthy of our military response.

Q: I have to turn over now to Karl Rove -- which there is so much time spent on talking about the fact that McClellan had gone out and defended Rove after he specifically asked him that the president... that Rove had told the president he wasn't involved. And I've got to lead you over to page 261, where in this one page he talks about how Karl Rove apologized to him. I'll read: "I received a phone call from Rove." This is after one of the really controversial briefings. Quote: "I just want to say I'm sorry for what you're going through." And then later that day, Rove in a meeting with the other senior staff said, "I am so sorry." And then later on, he actually wrote a note to him, leaving it on his chair at the White House, saying, "I'm so sorry for what you're going through." What's your reaction to that?

Wilson: Well, you know, Karl Rove is a liar. Karl Rove is a traitor. Karl Rove is actively subverting the republic of the United States of America, and yet Karl Rove is still welcome on TV programs. He has not been driven out of town. He is still given space on newspapers, and until such time as Karl Rove is recognized for what he is and shunned, he should actually be put in stocks in the public square so that people can walk by and throw tomatoes at him for the damage that he has done to this country and the way we govern ourselves and, frankly, for the damage he has done to the Republican brand.

Q: Well, he's still out there, though. What do you do, Joe, when you see -- I hear what you're saying -- but there he is on FOX, he's working for Newsweek. He's out there. He's Mr. Pundit. He's everywhere you could ever want to be -- Wall Street Journal. What do you think of the fact that he has made a tradition like none before him? And I'm sure he's making big bucks, too.

Wilson: Well, I'm sure he is. I'm sure he's cashing in. I don't watch him. There is nothing that he has to say that is of any interest to me. In fact, I read about 12 news sources every day, and 10 of them are non-American, and the only two American news sources I read are the International Herald Tribune and then I glance at the Washington Post to see what sort of idiocies they're up to.

Q: Doesn't it bother you, though, that he is out there, that he was embraced so quickly -- and such a strong, firm embrace?

Wilson: I think it says a lot for the state of American journalism. I really do. I honestly believe that they have sold out, and the idea that somebody who is an admitted liar, and somebody who is quite literally responsible for compromising the national security of my country -- it just tells you where the right wing is.

Q: Are you going to call for the reopening of the leak investigation?

Wilson: Well, I heard Scott say last night that everything that is in his book he shared with a special prosecutor. So I suspect that this in and of itself will not cause the reopening of the case. What would've caused the case to go forward would've been had Libby been obliged to actually do hard time in taking the fall for [Dick] Cheney. That might have encouraged him to be more truthful.

Q: One more item... There is an anecdote in the book -- which I believe he's talked about on television, so maybe you've seen it -- about how he saw Karl Rove and Scooter Libby go off in a room together and have a private conversation. And he is straight up about the fact that he's not sure what they talked about. Do you have any evidence, have you ever heard anything, that confirms that they worked together -- this is, once the investigators started -- to get their stories straight or together, or to talk about the case in any inappropriate way which is a violation of law?

Wilson: I don't, other than what Scott has just mentioned. And, of course, one of the things we hoped to do with our civil suit is be able to put these guys under oath -- that, of course, if we were to get them under oath, we'd be able to compare their answers to our depositions to their grand jury testimony -- the special prosecutor would do that. That might bring them under another sort of criminal vulnerability.

Q: Thank you, Joe Wilson, for being with us on "National Journal On Air."


May 25, 2008

WAR CRIMES DOSSIER: Mukasey defends government lawyers who wrote interrogation memos : Jurist

Mukasey defends government lawyers who wrote interrogation memos
Devin Montgomery at 11:59 AM ET

Photo source or description
[JURIST] US Attorney General Michael Mukasey [official profile; JURIST news archive] defended Bush administration attorneys who authored memoranda supporting the legality of coercive interrogating tactics - the so-called "torture memos" [JURIST news archive] - in a commencement address [text] to Boston College Law School graduates Friday. Emphasizing the legal complexity of the issues raised in the memos and criticizing the vilification of the authors [JURIST op-ed] in some quarters, Mukasey told the audience:
Today, many of the senior government lawyers who provided legal advice supporting the nation’s most important counterterrorism policies have been subjected to relentless public criticism. In some corners, one even hears suggestions—suggestions that are made in a manner that is almost breathtakingly casual—that some of these lawyers should be subject to civil or criminal liability for the advice they gave. The rhetoric of these discussions is hostile and unforgiving.

The difficulty and novelty of the legal questions these lawyers confronted is scarcely mentioned; indeed, the vast majority of the criticism is unaccompanied by any serious legal analysis. In addition, it is rarely acknowledged that those public servants were often working in an atmosphere of almost unimaginable pressure, without the academic luxury of endless time for debate. Equally ignored is the fact that, by all accounts I have seen or heard, including but not limited to Jack Goldsmith’s book [The Terror Presidency], those lawyers reached their conclusions in good faith based upon their best judgments of what the law required.
The author of one such memo [PDF text] for the Department of Defense in 2003, former Deputy Assistant Attorney General John Yoo [faculty profile], faces a civil lawsuit and calls for his resignation from Berkeley Law School. Earlier this month, a federal judge directed the CIA [order, PDF; JURIST report] to produce a 2002 Department of Justice memo that the American Civil Liberties Union (ACLU) claims authorized the agency to use specific torture techniques, including waterboarding [JURIST news archive]. AP has more.

May 20, 2008

PHOTO OF THE WEEK

May 20, 2008 at 6:51 am (Collaboration, Corrupt Politics, Dubya, Palestine)

A new feature on DesertPeace will be ‘THE PHOTO OF THE WEEK’…. Submissions will be more than welcome..

The first installment appears below…. ‘Tweedle Dumb’ and ‘Tweedle Dee’ walking off in the sunset…..

IMPEACHMENT NOW. GET A SPECIAL PROSECUTOR !!


May 12, 2008

NLG calls for Special Prosecutor !! Yes !!

FOR IMMEDIATE RELEASE
May 12, 2008
4:54 PM

CONTACT: National Lawyers Guild (NLG)
Marjorie Cohn, NLG President, marjorie@tjsl.edu; 858-204-3565
Jeanne Mirer, NLG International Committee, mirerfam@earthlink.net; 313-515-2046

National Lawyers Guild Calls For Special Prosecutor to Investigate Bush Administration Officials and Lawyers Who Wrote Torture Memos
Issues White Paper On Torture Liability
NEW YORK, NY - May 12 -The National Lawyers Guild (NLG) calls on Congress to appoint a Special Prosecutor, independent of the Department of Justice, to investigate and prosecute high Bush officials and lawyers including John Yoo for their role in the torture of prisoners in U.S. custody. The NLG has issued a White Paper explaining why the memos, which purported to give objective legal advice, subject all those involved to prosecution under international and U.S. domestic law. This includes people who ordered the torture, approved it or gave advice to justify it. Guild President Marjorie Cohn testified on May 6 before the Subcommittee on the Constitution, Civil Rights and Civil Liberties of the House Judiciary Committee, that some lawyers in the Department of Justice were "part of a common plan to violate U.S. and international laws outlawing torture." The 14-page White Paper details the ways in which the lawyers, including Yoo, Jay Bybee, David Addington, and William Haynes, counseled the White House on how to get away with war crimes. The lawyers said that the Department of Justice would not enforce federal laws against torture, maiming, assault and stalking. "Just because the statute says," John Yoo explained in a recent Esquire interview, "that doesn't mean you have to do it." Professor Cohn told the congressmen it was "reasonably foreseeable" the lawyers' advice "would result in great physical and mental harm or death to many detainees"; more than 100 have died, many from torture. Torture, like genocide, slavery and wars of aggression, is absolutely prohibited at all times. No country can ever pass a law that would allow them. Professor Philippe Sands, a British international litigator and author of the new book, "Torture Team," also testified at the congressional hearing. He said that after his extensive interviews with many Bush officials, including John Yoo, "it became clear to me that the Administration has spun a narrative that is false, claiming that the impetus for the new interrogation techniques came from the bottom-up. That is not true; the abuse was a result of pressure and actions driven from the highest levels of government." It was recently revealed that Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft met in the White House and personally oversaw and approved the torture by authorizing specific torture techniques including waterboarding. President Bush admitted he knew and approved of their actions. "They are all liable under the War Crimes Act and the Torture Statute," Professor Cohn testified. "Under the doctrine of command responsibility, commanders, all the way up the chain of command to the commander-in-chief, are liable for war crimes if they knew or should have known their subordinates would commit them, and they did nothing to stop or prevent it. The Bush officials ordered the torture after seeking legal cover from their lawyers." The National Lawyers Guild calls on Congress to appoint a Special Prosecutor, independent of the Department of Justice, to investigate and prosecute the high officials of the Bush administration and the lawyers who advised them, for their roles in misusing the rule of law and legal analysis to justify torture and other crimes. The White Paper can be read at www.nlg.org/news/statements/White Paper - Yoo hearing.doc

See the blog post I put on OpEd News, it's also on a link to your left:
http://www.opednews.com/articles/2/genera_ladybroa_080215_special_prosecutor_i.htm

Article available free at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf



April 12, 2008

ALL with one voice: TORTURE SPECIAL PROSECUTOR NOW

The ACLU has called for the appointment of a SPECIAL PROSECUTOR to end the torture and hold those responsible in the US government accountable now. This is a toolkit of information for you to use as we DEMAND the investigator panel be accomplished.


read more | digg story

March 26, 2008

Special Prosecutor information, please circulate

I have posted a WAR CRIMES and IMPEACHMENT swicki, please feel free to put in your additions. You can install it and add to it on your site.

I refer you to this item as well:

http://www.opednews.com/articles/genera_ladybroa_080326_water_is_not_a_basic.htm

Many of the basic international law is contained in Jordan Paust's paper as regards crimes against humanity.

And please honor us and all future generations by signing these petitions:

www.wexlerwantshearings.com


Global people for the impeachment of Richard Cheney 


Now that George Bush and Michael Hayden have publicly confessed to government waterboarding in a press conference on February 6, 2008, and in testimony before Congress on February 5, 2008, you may find the following information useful:

The law review article referenced below (available at no cost at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf ) makes clear that waterboarding is torture and is a crime and a war crime punishable under a number of treaties to which the United States is a party and several U.S. statutes.

The article also explains that there is no defense available due to either (1) prior legal advice, or (2) circumstances (including, without limitation, terrorist acts – see citations in Footnotes 21 and 25 in the article), contrary to the claims of Bush and Hayden.

The law review article (see pages 359 to 374) also establishes that under a number of treaties to which the United States is a party, the U.S. has an obligation to initiate an official investigation regarding confessed acts of torture. For example, the 1984 U.N. Convention Against Torture, (1465 UNTS 85), Article 12 reads as follows:

“Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (NOTE: The article also explains why “territory under its jurisdiction” includes GITMO and all DOD and CIA secret detention sites for the United States.)

The following case, among others, has held that waterboarding is torture:

In re Estate of Ferdinand E. Marcos Human Rights Litigation, 910 F. Supp. 1460, 1463 (District of Hawaii, 1995)

Waterboarding is torture regardless of the surrounding circumstances – there is no circumstantial or necessity defense to torture claims.

It is time for the appointment of a special prosecutor – General Mukasey must recuse himself because of his refusal to publicly state that waterboarding is criminal torture. As explained in the law review article and elsewhere, the following individuals played primary roles in the authorization of waterboarding and should be immediately identified as the primary subjects of the investigation:

George W. Bush
Richard “Dick” Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski

Bush/Cheney Pardon Calendar

Under the circumstances – a public confession of criminal acts by George W. Bush -- you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick” Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush.

Immediate Appointment of Special Prosecutor

As a result of the expected pardons, a special prosecutor should be appointed immediately

Commencement of Impeachment Proceedings

As a result of the expected pardons, on the day after the November elections, the House of Representatives should impeach George W. Bush and Richard “Dick” Cheney for high crimes -- torture -- violating the following statutes, among others:

18 USC 3231
18 USC Sections 2340-2340A
18 USC 2441

Please note the strategic importance of simply presenting the impeachment to members of the House with no hearings and an immediate vote on the day after the November elections. There is no reason for hearings or delay, since George W. Bush has admitted the criminal act that is the basis of the impeachment.

International Crimes Not Subject to Pardon Power

It is worth pointing out that torture violations of the Law of War and international treaties are not subject to the Presidential pardon power. We will see these individuals on trial in the Hague for their publicly confessed war crimes.

“Above the Law: Unlawful Executive Authorizations Regarding Detainee Treatment, Secret Renditions, Domestic Spying and Claims to Unchecked Executive Power,” Jordan J. Paust, Utah Law Review, 2007, Number 2, Pages 345 to 419

Article available free at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf

March 18, 2008

The Gatehring Storm at Jusitce; Scott Horton

The Gathering Storm at Justice

Scott Horton

I don’t in the ordinary course review and recommend law review articles, but I’ve just come across one that is close to indispensable for public affairs junkies. On December 7, 2006—the anniversary of the attack on Pearl Harbor—at least eight U.S. attorneys received phone calls from Michael Battle, the executive director of the Office of U.S. Attorneys at the Justice Department. Each was essentially ordered to submit his or her resignation.

The Administration attempted to sell the event as a routine personnel turn-over. But Congress and the public weren’t buying. After a series of hearings at which senior members of the Administration committed acts of perjury, there was a public uproar. In its wake the entire senior echelon of political appointees at the Justice Department were forced to leave office under a cloud and subject to an investigation into potentially criminal misconduct, as were a number of senior White House figures, most prominently including Bush’s senior political advisor, Karl Rove.

The storm has died down a bit now as the Justice Department completes its own internal investigation of what happened. This has been led by Inspector General Glenn Fine and by the Office of Professional Responsibility. I understand that this investigation is approaching its conclusion now, and that a report is likely in the course of the spring. The report will almost certainly be explosive.

Of George W. Bush’s cohort of U.S. Attorneys, one of the most highly regarded—perhaps even the most highly regarded—was John McKay, who headed the office in Seattle. He was included in the December 7 massacre. McKay has now authored a law review article that examines the history of the scandal, reviews the legal issues that it raises, and provides some observations on the trajectory the matter is likely to take going forward. It’s called “Train Wreck at the Justice Department,” and it was published in volume 31 of Seattle University Law Review. Here are some key elements of the article, which really merits being read in its entirety.

A Torrent of Lies Under Oath

The falsehoods presented, under oath, to Congressional committees were sweeping. They included varying and at points inconsistent accounts of the reasons for the dismissals—which internal documents from Justice reflect were often fabricated on the eve of hearings, sometimes after attempts to synch a false story with the White House. This was largely part of an effort to disguise the obvious fact that the dismissals were the implementation of a political plan which had been formulated in the White House, largely under the guidance of Karl Rove. They were also designed to disguise the fact that an elaborate scheme had been concocted to circumvent the process through which candidates are reviewed and confirmed by the Senate using a secret amendment to the USA PATRIOT Act.

Participants in the conspiracy to misdirect Congress included Attorney General Alberto Gonzales, Deputy Attorney General Paul J. McNulty, Associate Attorney General Will Moschella—the top three figures at the Justice Department—and a stream of staffers led by Michael Elston, Kyle Sampson and Monica Goodling.

After a flurry of phone calls among the U.S. Attorneys who had been ordered to resign, many of those former U.S. Attorneys concluded that the Attorney General was lying to the Senate about the intent of the Justice Department to seek Senate confirmation of their prospective replacements. In Seattle, for example, no known efforts had been underway by either the White House or the Justice Department to recruit or interview candidates for my replacement. In spite of my frequent requests for guidance, Justice officials had not revealed their plans, and no internal candidates had been contacted by the Justice Department or the White House. With only a few days remaining before our departures, it was clear the Justice Department planned to name their own interim U.S. Attorneys under the new powers granted them in the amendments to the USA PATRIOT Act. Other fired U.S. Attorneys confirmed similar patterns in San Francisco and San Diego, and we also knew that an interim U.S. Attorney had been serving in Kansas City for many months.

The article documents a series of further conscious falsehoods from Gonzales and other senior figures of the Justice Department related to similar issues.

The White House in Charge
Perhaps the hallmark of the administration of justice in the Bush era is its complete politicization. No aspect of the process of law enforcement seems beyond the reach of political meddling. This was dramatically demonstrated when Senator Sheldon Whitehouse disclosed early in the hearing process that virtually every political staffer in the White House had been authorized to meddle with criminal investigations and prosecutions. But the reach of Karl Rove was most apparent, and his fingerprints are all about the December 7 scandal. Moreover, when senior figures of the New Mexico G.O.P. decided they wanted to fire their U.S. attorney because he had refused to prostitute his office for electoral political purposes, they went straight to the man who could obviously make it happen: Karl Rove.

McKay reviews the politically motivated dismissal of Iglesias in some detail, and shows the focal role of Rove and the involvement of a number of further political operatives.

During 2006 in New Mexico, then-U.S. Attorney David Iglesias led an investigation which eventually resulted in the indictment and conviction of the Treasurer of the State of New Mexico, an elected Democrat. Iglesias has testified that he received phone calls from Senator Pete Domenici and U.S. Representative Heather Wilson (R-N.M.), in which he was allegedly pressured to accelerate the indictment in order for it to occur before the November re-election campaign of Representative Wilson. Iglesias responded to questions before the Senate on March 6, 2007:

SENATOR SCHUMER: Please describe for the committee now, as best you can, your entire recollection of that communication. Please tell us what Senator Domenici said and what you said.

DAVID IGLESIAS: Thank you, Sir. I was at home. This was the only time I’d ever received a call from any member of Congress while at home during my tenure as United States attorney for New Mexico. Mr. Bell called me. I was in my bedroom. My wife was nearby. And he indicated that the senator wanted to speak with me. He indicated that there were some complaints by some citizens, so I said, “OK.” And he said, “Here’s the Senator.” So he handed the phone over, and I recognized the voice as being Senator Pete Domenici. And he wanted to ask me about the matters of the corruption cases that had been widely reported in the local media. I said, “All right.” And he said, “Are these going to be filed before November?” And I said I didn’t think so, to which he replied, “I’m very sorry to hear that.” And then the line went dead.

SENATOR SCHUMER: So in other words, he hung up on you?

MR. IGLEGIAS: That’s how I took that. Yes, Sir.

The public record shows that Domenici, Heather Wilson and other figures of the New Mexico G.O.P. lobbied for Iglesias’s dismissal because he refused their demands that a high-profile Democrat be indicted on a schedule calculated to influence the 2006 elections. The demands made were arguably a felony: an attempt to corruptly influence a criminal investigation. They were ultimately implemented through Iglesias’s dismissal.

McKay calls this a process of obstruction of justice.

The elements of a prima facia case of obstruction of justice are (1) the existence of the judicial proceeding; (2) knowledge of or notice of the judicial proceeding; (3) acting “corruptly” with intent to influence, obstruct, or impede the proceeding in the due administration of justice; and (4) a nexus (although not necessarily one which is material) between the judicial proceeding sought to be corruptly influenced and the defendant’s efforts. The omnibus clause of Section 1503(a) is a “catchall” provision, which is broadly construed to include a wide variety of corrupt methods.

Facts surrounding the dismissal of Carol Lam in the Southern District of California, and the equally suspicious but more graceful edging out of the U.S. attorney in Los Angeles also point to obstruction of justice—in those cases for purposes of freezing or stopping in its tracks a series of criminal investigations involving Republican political officeholders and senior figures at the CIA.

This conduct probably runs afoul of several other statutes. One is the Hatch Act, which “limits the political activities of federal employees in the interests of promoting efficient, merit-based advancement, avoiding the appearance of politically-driven justice. . .”

The Next Steps
At this point on the basis of the public record alone, no report by the Inspector General could credibly dismiss the serious charges which have been leveled against senior former Justice Department and White House figures connected to the December 7 events. Moreover, an examination of other cases points to rampant, likely criminal manipulation of prosecutions in a number of other cases involving U.S. attorneys in Birmingham, Jackson, Montgomery, Pittsburgh, Philadelphia and Milwaukee. The recent exposé by CBS News 60 Minutes links Karl Rove directly to the fabricated charges brought against former Alabama Governor Don Siegelman. And notwithstanding the exposure of the fraud through which he was prosecuted, Siegelman remains in prison in Louisiana today, cleaning latrines.

There are two clear steps which must follow the release of the Inspector General’s report:

  • Appointment of a special prosecutor with full authority to investigate and prosecute those involved in criminal conduct associated with this affair.
  • Commencement of hearings in the House Judiciary Committee to fully explore the role played by the White House in the misconduct identified in the Inspector General’s report.

The issues surrounding the appointment of a special prosecutor will be numerous. It will be a critical test for the independence and objectivity of Attorney General Mukasey. There are already grounds to suspect that he gave some form of assurance that he would not appoint a special prosecutor in the course of political meetings leading up to his nomination. That is disturbing and a disappointment. If Mukasey were to fail to act under circumstances as compelling as this, it would provide cause for his removal from office.

Any special prosecutor appointed must be a person of unquestioned integrity and professional acumen and not be a person who is or has been involved in partisan politics of any flavor. Moreover, the special prosecutor must be given authority to fully pursue charges relating to the politicization of the U.S. attorney’s office and his remit should not be limited to the U.S. attorney’s dismissed on December 7, 2006. (Note that among other things, Gonzales, McNulty and others continue to maintain their silence in the face of questioning under oath as to the actual number of U.S. attorneys dismissed in this political process).

Further, the special prosecutor must be in fact independent in his pursuit of these matters. Mukasey, his deputy and other senior figures in the Department of Justice are hopelessly politically conflicted and cannot credibly purport to exercise any authority over the process. The manner in which Deputy Attorney General James Comey authorized the investigation and work of Patrick Fitzgerald on the Plamegate matter continues to furnish an example of how this process can and should be handled.

But we should also keep in mind that the jurisdictional basis for the Inspector General’s review is formally limited to the Justice Department and its employees. Therefore the Judiciary Committee in the House of Representatives should convene its own hearings to follow up on the trail to the extent it goes into the White House. In particular the involvement of Karl Rove and Harriet Miers must be fully tested, using the subpoena power, and invoking the power of impeachment if necessary. No claims of Executive Privilege may be lawfully raised to obstruct these hearings, and they should proceed as a matter of urgency and priority.


Harper's Magazine


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