Showing posts with label torturegate. Show all posts
Showing posts with label torturegate. Show all posts

July 09, 2008

Naomi Wolf on Sexual WAR CRIMES


NEW YORK - Sex crime has a telltale signature, even when those directing the outrages are some of the most powerful men and women in the United States. How extraordinary, then, to learn that one of the perpetrators of these crimes, Condoleezza Rice, has just led the debate in a special session of the United Nations Security Council on the use of sexual violence as a weapon of war.

I had a sense of déjà vu when I saw the photos that emerged in 2004 from Abu Ghraib prison. Even as the Bush administration was spinning the notion that the torture of prisoners was the work of "a few bad apples" low in the military hierarchy, I knew that we were seeing evidence of a systemic policy set at the top. It's not that I am a genius. It's simply that, having worked at a rape crisis center and been trained in the basics of sex crime, I have learned that all sex predators go about things in certain recognizable ways.

We now know that the torture of prisoners was the result of a policy set in the White House by former Secretary of Defense Donald Rumsfeld, Vice President Dick Cheney, and Rice -- who actually chaired the torture meetings. The Pentagon has also acknowledged that it had authorized sexualized abuse of detainees as part of interrogation practices to be performed by female operatives. And documents obtained by the American Civil Liberties Union have Rumsfeld, in his own words, checking in on the sexualized humiliation of prisoners.

The sexualization of torture from the top basically turned Abu Ghraib and Guantánamo Bay into an organized sex-crime ring in which the trafficked sex slaves were US-held prisoners. Looking at the classic S and M nature of some of this torture, it is hard not to speculate that someone setting policy was aroused by all of this. And Phillipe Sands' impeccably documented Torture Team: Rumsfeld's Memo and the Betrayal of American Values, now proves that sex crime was authorized and, at least one source reports, eroticized: Diane Beaver, the Staff Judge Advocate at Guantanamo who signed off on many torture techniques, told Sands about brainstorming sessions that included the use of "sexual tension," which was "culturally taboo, disrespectful, humiliating and potentially unexpected."

"These brainstorming meetings at Guantanamo produced animated discussion," writes Sands. "'Who has the glassy eyes?" Beaver asked herself as she surveyed the men around the room, thirty or more of them. She was invariably the only woman in the room, keeping control of the boys. The younger men would get excited, agitated, even: "You could almost see their dicks getting hard as they got new ideas" [reported Beaver]. A wan smile crossed Beaver's face: "And I said to myself, you know what, I don't have a dick to get hard, I can stay detached."' [Sands, p 63]

The nonsexual torture that was committed ranged from beatings and suffocation, electrodes attached to sensitive areas, and forced sleep deprivation, to prisoners being hung by the wrists from the ceiling and placed in solitary confinement until psychosis was induced. These abuses violate both US and international law. Three former military attorneys, recognizing this blunt truth, refused to participate in the "military tribunals" -- rather, "show trials" -- aimed at condemning men whose confessions were elicited through torture.

Though we can now debate what the penalty for waterboarding should be, America as a nation, maintaining an odd silence, still cannot seem to discuss the sex crimes involved.

Why? It's not as if the sex crimes that US leaders either authorized or tolerated are not staring Americans in the face: the images of male prisoners with their heads hooded with women's underwear; the documented reports of female US soldiers deployed to smear menstrual blood on the faces of male prisoners, and of military interrogators or contractors forcing prisoners to simulate sex with each other, to penetrate themselves with objects, or to submit to being penetrated by objects. Indeed, the Military Commissions Act of 2006 was written deliberately with loopholes that gave immunity to perpetrators of many kinds of sexual humiliation and abuse.

There is also the testimony by female soldiers such as Lynndie England about compelling male prisoners to masturbate, as well as an FBI memo objecting to a policy of "highly aggressive interrogation techniques." The memo cites a female interrogator rubbing lotion on a shackled detainee and whispering in his ear -- during Ramadan when sexual contact with a strange woman would be most offensive -- then suddenly bending back his thumbs until he grimaced in pain, and violently grabbing his genitals. Sexual abuse in US-operated prisons got worse and worse over time, ultimately including, according to doctors who examined detainees, anal sodomy.

All this may sound bizarre if you are a normal person, but it is standard operating procedure for sex offenders. Those who work in the field know that once sex abusers control a powerless victim, they will invariably push the boundaries with ever more extreme behavior. Abusers start by undressing their victims, but once that line has been breached, you are likely to hear from the victim about oral and anal penetration, greater and greater pain and fear being inflicted, and more and more carelessness about exposing the crimes as the perpetrator's inhibitions fall away.

The perpetrator is also likely to engage in ever-escalating rationalizations, often arguing that the offenses serve a greater good. Finally, the victim is blamed for the abuse: in the case of the detainees, if they would only "behave," and confess, they wouldn't bring all this on themselves.

Silence, and even collusion, is also typical of sex crimes within a family. Americans are behaving like a dysfunctional family by shielding sex criminals in their midst through silence.

Just as sex criminals -- and the leaders who directed the use of rape and sexual abuse as a military strategy -- were tried and sentenced after the wars in Bosnia and Sierra Leone, so Americans must hold accountable those who committed, or authorized, sex crimes in US-operated prisons. Throughout the world, this perverse and graphic criminality has added fuel to anxiety about US cultural and military power. These acts need to be called by their true names -- war crimes and sex crimes -- and people in America need to demand justice for the perpetrators and their victims. As in a family, only when people start to speak out and tell the truth about rape and sexual assault can the healing begin.

© Project Syndicate


May 09, 2008

Marjorie Cohn's testimony to US Congress (pray people pray!)

On Torture and "Administration Interrogation Rules"
Testimony to the US Congress



Global Research, May 8, 2008
US Congress


Testimony of Marjorie Cohn

"From the Department of Justice to Guantánamo Bay: Administration Lawyers and Administration Interrogation Rules"

Subcommittee on the Constitution, Civil Rights, and Civil Liberties House Judiciary Committee

May 6, 2008

What does torture have in common with genocide, slavery, and wars of aggression? They are all jus cogens. That’s Latin for "higher law" or "compelling law." This means that no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a jus cogens prohibition.

The United States has always prohibited torture in our Constitution, laws, executive statements, judicial decisions, and treaties. When the U.S. ratifies a treaty, it becomes part of American law under the Supremacy Clause of the Constitution.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, says, "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 a justification for torture."

Whether someone is a POW or not, he must always be treated humanely; there are no gaps in the Geneva Conventions.

The US War Crimes Act, and 18 USC sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment.

The Torture Statute criminalizes the commission, attempt, or conspiracy to commit torture outside the United States.

The Constitution gives Congress the power to make laws and the President the duty to enforce them. Yet Bush, relying on memos by lawyers including John Yoo, announced the Geneva Conventions did not apply to alleged Taliban and Al Qaeda members. But torture and inhumane treatment are never allowed under our laws.

Justice Department lawyers wrote memos at the request of Bush officials to insulate them from prosecution for torture. In memos dated August 1, 2002 and March 18, 2003, John Yoo wrote the DOJ would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.

The maiming statute makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb, or any member of another person” or throw or pour upon another person any scalding water, corrosive acid, or caustic substance.

Yoo said, "just because the statute says -- that doesn't mean you have to do it." In a debate with Notre Dame Professor Doug Cassell, Yoo said there is no treaty that prohibits the President from torturing someone by crushing the testicles of the person's child. It depends on the President's motive, Yoo said, notwithstanding the absolute prohibition on torture.

Yoo twisted the law and redefined torture much more narrowly than the Torture Convention and the Torture Statute. Under Yoo's definition, you have to nearly kill the person to constitute torture.

Yoo wrote that self-defense or necessity could be defenses to war crimes prosecutions, notwithstanding the Torture Convention's absolute prohibition against torture in all circumstances.

After the August 1, 2002 memo was made public, the DOJ knew it was indefensible. It was withdrawn as of June 1, 2004, and a new opinion, dated December 30, 2004, specifically rejected Yoo’s definition of torture, and admitted that a defendant’s motives to protect national security won’t shield him from prosecution. The rescission of the prior memo is an admission by the DOJ that the legal reasoning was wrong. But for the 22 months it was in effect, it sanctioned and caused the torture of myriad prisoners.

Yoo and other DOJ lawyers were part of a common plan to violate U.S. and international laws outlawing torture. It was reasonably foreseeable their advice would result in great physical or mental harm or death to many detainees. Indeed, more than 100 have died, many from torture. Yoo admitted recently he knew interrogators would take action based on what he advised.

Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft met in the White House and micromanaged the torture by approving specific torture techniques such as waterboarding. Bush admitted he knew and approved of their actions.

They are all liable under the War Crimes Act and the Torture Statute. 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 President can no more order the commission of torture than he can order the commission of genocide, or establish a system of slavery, or wage a war of aggression.

A Select Committee of Congress should launch an immediate and thorough investigation of the circumstances under which torture was authorized and rationalized. The high officials of our government, and the lawyers who advised them, should be investigated and prosecuted by a Special Prosecutor, independent of the Justice Department, for their roles in misusing the rule of law and legal analysis to justify torture and other crimes in flagrant violation of our laws.

For the complete testimony, see
http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&products_id=205193-1 .

Once again: "my" Special Prosecutor information is at:

http://www.opednews.com/articles/2/genera_ladybroa_080215_special_prosecutor_i.htm
or accessible, if the blog stays up, on the link on your left!


April 23, 2008

ACLU Demands Immediate Release Of Inspector General Report On FBI's Role In Illegal Interrogations

(4/22/2008)

Filing Follows Stonewalling By Defense Department

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK - The American Civil Liberties Union filed a Freedom of Information Act (FOIA) request today with the Departments of Justice and Defense for the release of a report on a long-running investigation of the FBI's role in the unlawful interrogations of detainees in Iraq, Afghanistan and Guantánamo Bay. The Justice Department's Office of Inspector General (OIG) launched the investigation after internal government documents - uncovered by an ACLU lawsuit - revealed that FBI agents stationed at Guantánamo Bay expressed concern after witnessing military interrogators' use of brutal interrogation techniques.

According to recent media reports, the OIG investigation has been completed for months. The Defense Department, however, has blocked the OIG from releasing it, claiming that the report still needs to be reviewed and redacted by the Pentagon.

"The Pentagon is using the classification review as a pretext to delay the release of a report that ought to have been released months ago," said Jameel Jaffer, Director of the ACLU National Security Project. "It's increasingly clear that the report is being suppressed not for legitimate security reasons, but in order to protect high-level government officials from embarrassment, criticism, and possibly even criminal prosecution. The report should be released immediately."

Inspector General Glenn Fine has stated that his report was finalized months ago. In the last few weeks, Fine has taken the unusual step of publicly criticizing the Defense Department for delaying the release of the report.

The OIG investigation was initiated in 2005 after the ACLU obtained documents in which FBI agents described interrogations that they had witnessed at Guantánamo Bay. The documents included:

  • An e-mail in which FBI agents stated that Defense Department interrogators had impersonated FBI agents during an interrogation and used "torture techniques." The email stated that the techniques were ineffective.
  • An e-mail in which an FBI agent stated that "on a couple of occasions" he or she "entered interview rooms to find a detainee chained hand and foot in a fetal position to the floor, with no chair, food, or water," and that on one occasion he or she entered a cell to find that "the A/C had been turned off, making the temperature in the unventilated room probably well over 100 degrees. The detainee was almost unconscious on the floor with a pile of hair next to him. He had apparently been literally pulling his own hair out throughout the night."
  • An e-mail that suggests that, although FBI agents began reporting abuse in 2002, the FBI did not initiate any comprehensive investigation of the abuse until after the Abu Ghraib photographs were published in 2004.

While the documents obtained by the ACLU were most notable for their description of illegal interrogation methods used by military interrogators, the documents also raised serious questions about the FBI's participation in abusive interrogations, the actions of FBI personnel who witnessed abusive interrogations, and the response of FBI officials to reports of abuse.

Today's FOIA request seeking the OIG report itself as well as all documents related to the investigation is part of a broader ACLU effort to uncover information about the Bush administration's torture policies. In October 2003, the ACLU and the New York Civil Liberties Union - along with the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense, and Veterans for Peace - filed a request under the Freedom of Information Act for records concerning the treatment of prisoners in U.S. custody abroad. To date, more than 100,000 pages of government documents have been released in response to the ACLU's FOIA lawsuit enforcing the request - including the Bush administration's 2003 "torture memo" written by John Yoo when he was a deputy at the DOJ's Office of Legal Counsel.

A copy of today's FOIA request is available at:

www.aclu.org/safefree/torture/34956lgl20080422.html

The documents received in the ACLU's FOIA litigation are online at: www.aclu.org/torturefoia

In addition, many of the FOIA documents are also compiled and analyzed in a recently published book by ACLU attorneys Jaffer and Amrit Singh, Administration of Torture. More information is available online at: www.aclu.org/administrationoftorture


Drugs, Detainees, John Yoo

Were Drugs Used to Interrogate Detainees?

Yet another possible legacy of former Justice Department official John Yoo's legal advice: the use of drugs on detainees as an interrogation technique.

The charge that drugs were used on detainees by the CIA and military interrogators is not a new one, The Washington Post reports, but it's given new credence by the fact that Yoo specifically authorized the use of drugs on detainees "as long as they did not inflict permanent or 'profound' psychological damage" in his recently released 2003 legal opinion.

The Department of Defense denies ever using drugs on detainees for interrogations, and the CIA, through a "senior official" speaking anonymously, did the same. But the Post reports that a number of former detainees say that they were forcibly injected with something that made them drowsy and lethargic. Others describe getting injections that made them "crazy." One Saudi says he signed a confession just to make the interrogators leave him alone, and so they did -- and he was ultimately freed years later regardless.

It all adds up to what is arguably among the greater human rights abuses in Gitmo:

Medical ethicists and experts in international law say such accounts raise serious questions. While the Geneva Conventions do not specifically refer to drugs, they ban any use of force or coercion in interrogating prisoners of war, said Barbara Olshansky, a law professor at Stanford University and the author of a book on military tribunals. "If you're talking about interrogations, you're talking about very specific prohibitions that mean you cannot use any force, at all, to interrogate someone," Olshansky said.
"The law is beyond clear."

Update: See also CQ's Jeff Stein on this earlier this month.


April 13, 2008

ACTIVISM: Remove torturer Condeleeza Rice as Secretary of State

Dear Friend,

You may have seen the recent revelations about the Bush Administration's policy on torture. After years of denial, there is now evidence that senior Bush officials directly discussed and approved specific torture techniques. And, Condoleezza Rice chaired the White House meetings on this subject.

Now, TrueMajority, is calling on the Secretary of State Condoleezza Rice to resign from her role as Secretary of State. You can help them kick off the campaign by watching a video and signing their petition today.

Sign their petition demanding Condoleezza Rice resign:

http://www.truemajority.org/condi/

April 12, 2008

AS torturegate continues, meanwhile back at the ranch ..

From today's press briefing ..

does someone need a bit of a handholding .. ??

Is the rePUBlican party's survival ALL important ..??

Curious minds want to KNOW.

Veeger




Q Given that the President's parents and brother and sister-in-law are at the ranch this weekend, can we construe that this is a family weekend and maybe there's some family wedding planning going on?

MR. STANZEL: You know, I would refer you to the First Lady's Office for all things wedding-planning. But in terms of their participation, no -- you know, this event that occurs tonight is actually one that we do annually, in support of the Republican National Committee, and it's unique that the President's parents are able to participate tonight, as is Jeb Bush and his wife.

Q What brings that about?

MR. STANZEL: What brings that about? Well, as President, it's the last of these events that the President will do here at the Broken Spoke Ranch. So they were willing and able to come down, so we think it will be a good event.

Q So is it in a way sort of send-off for the President?

MR. STANZEL: Well, I'm sure there will be many of those over the course of the next nine months. But from the perspective of this being probably the last one of these events that we have annually at the Broken Spoke Ranch, yes.


President Says He Knew His Senior Advisers Discussed Tough Interrogation Methods


President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News Friday.

Bush / Khalid Sheikh Mohammed
(ABC News Photo Illustration)

"Well, we started to connect the dots in order to protect the American people." Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved."

As first reported by ABC News Wednesday, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA.

The high-level discussions about these "enhanced interrogation techniques" were so detailed, these sources said, some of the interrogation sessions were almost choreographed -- down to the number of times CIA agents could use a specific tactic.

These top advisers signed off on how the CIA would interrogate top al Qaeda suspects -- whether they would be slapped, pushed, deprived of sleep or subjected to simulated drowning, called waterboarding, sources told ABC news.


April 11, 2008

The connections - violence and torturegate!!

"The link between intimate violence in the home and the international violence of terrorism and war is as tightly bound together as the fingers of a clenched fist."

Riane Eisler


Violence, it seems, has become a worldwide epidemic. We are bombarded by stories of inhumanity and violence daily by the media. We are aghast at stories of children shooting children in the US, women being stoned for showing an arm in the Middle East and even genocide the world over. Is this who human beings are? Are we doomed to a future of violence and given our technological capabilities, a brutal and cataclysmic end?

The answer is no. Anger and violence may be written into our genetic code, but so are compassion, empathy and caring. We have a choice, both personally and globally.

The challenge we face in creating the peaceful and compassionate world we want is to understand and rid ourselves of the mechanisms and systems that hold violence in place.

Riane Eisler, nearly a victim of Nazi genocide as a child, has spent a life time studying the question of man's inhumanity to man, and woman. Her multidisciplinary approach has led her to an understanding of the social systems that create and maintain cultures of violence. Looking at a larger picture made it possible to see patterns or connections that were not visible before. Underlying the many differences in societies, both cross-culturally and through human history, are two basic social configurations, the dominator model and the partnership model.

In societies adhering closely to the dominator model, we find top-down authoritarianism (strong-man rule), the subordination of one half of humanity to the other, and a high degree of institutionalized or built-in violence, whether in the form of wife and child beating or in the form of warfare. Moving toward the partnership side of the spectrum we see a more democratic organization, economically as well as politically. Both halves of humanity are equally valued, and stereotypically feminine values such as caring and nonviolence (which are considered "unmanly" in the dominator model) are highly regarded, whether they are embodied in women or men. We also see a less violent way of living. (We see this most highly developed today in the Scandinavian world, but there are trends in this direction worldwide.)

While changing society might seem beyond the reach of one concerned individual, remember that society is a human invention partly inherited from our dominator past and partly built on the sum of individual relationships. Not only can you change your own relationships in a partnership direction, your voice for change can be as loud as you choose it to be.

The main determination for whether a society adheres primarily to a dominator or partnership model is intimate relationships. It is in the family that we first learn either respect and caring for others or that violence and fear can get us what we want. It is between parents and children that either domination or partnership are passed to the next generation. It is for this reason that CPS has become one of the first sponsors of (SAIV) Spiritual Alliance to Stop Intimate Violence. We invite you to be come a member and add your voice to this important stepping stone. For more information follow this link.

SAIV

Dr. Eisler has written extensively on the subject of violence in our society and our relationships. All of her books are concerned with positive changes to our selves and our society to create the peaceful and sustainable world we want. For more information on our selection of books, visit our Library. Below is a selection of the many articles Dr. Eisler has written dealing with violence.


A Partnership Response to Terrorism

Other articles pertaining to violence


April 03, 2008

WaPo on Torture memo .. plus Bush hypocrasy

John C. Yoo, now a law professor in Berkeley, Calif., defended his memo, saying, John C. Yoo, now a law professor in Berkeley, Calif., defended his memo, saying, "Our legal advice to the President, in fact, was near boilerplate."
Photo Credit: Photo By Karen Ballard/for The

Memo: Laws Didn't Apply to Interrogators

Justice Dept. Official in 2003 Said President's Wartime Authority Trumped Many Statutes

Washington Post Staff Writers
Wednesday, April 2, 2008; Page A01

The Justice Department sent a legal memorandum to the Pentagon in 2003 asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president's ultimate authority as commander in chief overrode such statutes.

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The 81-page memo, which was declassified and released publicly yesterday, argues that poking, slapping or shoving detainees would not give rise to criminal liability. The document also appears to defend the use of mind-altering drugs that do not produce "an extreme effect" calculated to "cause a profound disruption of the senses or personality."

Although the existence of the memo has long been known, its contents had not been previously disclosed.

Nine months after it was issued, Justice Department officials told the Defense Department to stop relying on it. But its reasoning provided the legal foundation for the Defense Department's use of aggressive interrogation practices at a crucial time, as captives poured into military jails from Afghanistan and U.S. forces prepared to invade Iraq.

Sent to the Pentagon's general counsel on March 14, 2003, by John C. Yoo, then a deputy in the Justice Department's Office of Legal Counsel, the memo provides an expansive argument for nearly unfettered presidential power in a time of war. It contends that numerous laws and treaties forbidding torture or cruel treatment should not apply to U.S. interrogations in foreign lands because of the president's inherent wartime powers.

"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."

Interrogators who harmed a prisoner would be protected by a "national and international version of the right to self-defense," Yoo wrote. He also articulated a definition of illegal conduct in interrogations -- that it must "shock the conscience" -- that the Bush administration advocated for years.

"Whether conduct is conscience-shocking turns in part on whether it is without any justification," Yoo wrote, explaining, for example, that it would have to be inspired by malice or sadism before it could be prosecuted.

The declassified memo was sent by the Defense and Justice departments late yesterday to Democrats on Capitol Hill, including Sens. Carl M. Levin (Mich.) and Patrick J. Leahy (Vt.), who had seen the document in classified form and pushed for its release.

The document is similar, although much broader, than a notorious memo primarily written by Yoo in August 2002 that narrowly defined what constitutes illegal torture. That document was also later withdrawn.

In his 2007 book, "The Terror Presidency," Jack Goldsmith, who took over the Office of Legal Counsel after Yoo departed, writes that the two memos "stood out" for "the unusual lack of care and sobriety in their legal analysis."

The documents are among the Justice Department legal memoranda that undergirded some of the highly coercive interrogation techniques employed by the Bush administration, including extreme temperatures, head-slapping and a type of simulated drowning called waterboarding.


n 2005, amid public controversy over such methods, Congress limited Defense Department officials to interrogation methods listed in the Army's field manual, which was rewritten to forbid many of the aggressive methods. The CIA was exempted, however, and President Bush vetoed recent legislation that would have applied the same requirements to that agency.

Yoo, now a law professor at the University of California at Berkeley, defended the memo in an e-mail yesterday, saying the Justice Department altered its opinions "for appearances' sake." He said his successors "ignored the Department's long tradition in defending the President's authority in wartime."

"Far from inventing some novel interpretation of the Constitution," Yoo wrote, "our legal advice to the President, in fact, was near boilerplate."

Yoo's 2003 memo arrived amid strong Pentagon debate about which interrogation techniques should be allowed and which might lead to legal action in domestic and international courts.

After a rebellion by military lawyers, then-Defense Secretary Donald H. Rumsfeld in December 2002 suspended a list of aggressive techniques he had approved, the most extreme of which were used on a single detainee at the military prison at Guantanamo Bay, Cuba. The prisoner, military investigators later would determine, was subjected to stress positions, nudity, hooding, exposure to dogs and other aggressive techniques.

Largely because of Yoo's memo, however, a Pentagon working group in April 2003 endorsed the continued use of extremely aggressive tactics. The top lawyers for each military service, who were largely excluded from the group, did not receive a final copy of Yoo's March memo and did not know about the group's final report for more than a year, officials said.

Thomas J. Romig, who was then the Army's judge advocate general, said yesterday after reading the memo that it appears to argue there are no rules in a time of war, a concept Romig found "downright offensive."

Martin S. Lederman, a former lawyer with the Office of Legal Counsel who now teaches law at Georgetown University, said the Yoo memo helped create a legal environment that allowed prisoner abuses at Abu Ghraib.

"What else could have been the source of belief in Iraq that the gloves were off and all laws could be disregarded with impunity?" Lederman asked. "It created a world in which everyone on the ground believed the laws did not apply. It was a law-free zone."

In a 2004 memo for the Navy inspector general's office, then-General Counsel Alberto J. Mora objected to the ideas that cruel, inhuman or degrading treatment could be allowed at Guantanamo and that the president's authority is virtually unlimited.

Mora wrote that he spoke with Yoo at the Pentagon on Feb. 6, 2003, and that Yoo "glibly" defended his own memo. "Asked whether the President could order the application of torture, Mr. Yoo responded, 'Yes,' " Mora wrote. Yoo denies saying that.

Staff researcher Julie Tate contributed to this report.

Pentagon Releases Memo on Harsh Tactics
Torture Memo Released by Pentagon
Memo Linked to Warrantless Surveillance
And meanwhile, although the detainees could not access legal council, dig this case and story!!


Justices Rebuff Bush and World Court

Powers Limited in Texas Death Case

By Robert Barnes
Washington Post Staff Writer
Wednesday, March 26, 2008; Page A01

The Supreme Court yesterday issued a broad ruling limiting presidential power and the reach of international treaties, saying neither President Bush nor the World Court has the authority to order a Texas court to reopen a death penalty case involving a foreign national.

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BuZh and Co may have had control of ALL THE GOLD, nonetheless they can't make ALL the rules!!




April 02, 2008

How do we know Hayden is LIEING ..

because he is moving his lips.


I could deconstruct this as I sometimes feel like doing - just to show you how the buy their own ROT, but this time you can watch it for yourself.

Torture is torture; it's not a matter of "legal definitions" - if you wouldn't be doing it to a baby you shouldn't be doing it! There are ways to compel even psychopaths to cooperate that do not include waterboarding, stress positions, freezing temperatures, sexual humiliating and all the rest. MANY.

The point is this man is morally culpable and legally responsible so to claim he does nto know what the Department of Justice says now is pure bs!! Totall BULLSHIT. He is paid by the United States taxpayer .. and these guy are SO arrogant it is beyond belief.

But you know that ..

Veeger

Hayden Dismisses Waterboarding As ‘Uninteresting For The CIA,’ Calls Torture ‘A Legal Term’

According to a November 2007 CNN poll, 69 percent of the public believes waterboarding is a form of torture. But yesterday on Meet the Press, CIA director Michael Hayden was dismissive about whether the CIA’s waterboarding constitutes torture. “We have not waterboarded anyone in now over five years,” Hayden said, concluding that it is “an uninteresting question for the Central Intelligence Agency.”

When asked about the broader issue of torture, Hayden referred to it as just a “legal term,” saying that the ongoing public discussion on “torture” per se tends to “cloud the debate”:

Well, first of all, we’re not talking about torture, all right? I mean, torture is a legal term. Now, there are some things that are illegal that are not, that are not torture. And so we cloud the debate when, when we throw the word torture out there, I think, in a far too casual way.

Watch it:

Hayden’s claim that torture is largely a “legal term” underscores the administration’s approach to detainee treatment. Instead of considering it a moral or leadership issue, the Bush administration has repeatedly narrowed the legal definition of torture to fit its aims. Later in the interview, Hayden said he is unaware of how the Justice Department currently defines waterboarding’s legality — because he hasn’t asked:

RUSSERT: Do you believe now that the Justice Department allows the CIA to engage in waterboarding?

HAYDEN: I don’t — the real answer is — I’m going to be very candid — I have no idea. And do you know why? Because I’ve not asked. And, and I know that previous opinions may no longer be extant because there have been a series of changes in American law since those opinions were issued.

Hayden claimed that waterboarding is “uninteresting” to the CIA as they haven’t waterboarded in five years. But if this is the case, then why did CIA officials leave “open the option of reinstating” the tactic as late as this year?

Transcript Below

Transcript:

RUSSERT: Do you believe that waterboarding’s torture?

HAYDEN: What’s more important is what the Department of Justice believes, and, frankly, the question of waterboarding, I’ve, I tried to point this out in as many ways as I can publicly, is an uninteresting question for the Central Intelligence Agency. We have not–and I, I made this public last month–we have not waterboarded anyone in now over five years, and only three people have been waterboarded in in the life of the CIA’s interrogation program.

The issue with the Army Field Manual is not the false dichotomy that, that some people want to create, that on the one hand you’ve got the Army field manual and on the other hand you’ve got the licensing of torture. That, that’s not the choice at all. The Army has listed–and by the way, the real debate, the real impact for us isn’t on the list of things you’ve forbidden. That’s fairly uninteresting to us.

What’s critical for the Army Field Manual, were it to be applied to CIA, is what’s authorized and limiting the CIA only to what’s authorized. No one claims that that list of authorized techniques in the Army Field Manual exhausts the universe of lawful interrogation techniques that the republic can draw on to defend itself.

[…]

RUSSERT: As you know, many in Congress disagree. They think the CIA should abide by…

HAYDEN: I know.

RUSSERT: …what’s in the Army Field Manual.

HAYDEN: Right.

RUSSERT: Because they don’t want U.S. servicemen who are taken in captivity by others to be tortured.

HAYDEN: Right. Well, first of all, we’re not talking about torture, all right? I mean, torture is a legal term. Now, there are some things that are illegal that are not, that are not torture. And so we cloud the debate when, when we throw the word torture out there, I think, in a far too casual way.

[…]

RUSSERT: Do you believe now that the Justice Department allows the CIA to engage in waterboarding?

HAYDEN: I don’t–the real answer is–I’m going to be very candid–I have no idea. And do you know why? Because I’ve not asked. And, and I know that previous opinions may no longer be extant because there have been a series of changes in American law since those opinions were issued.

RUSSERT: So anything the CIA would do would be approved and signed off by the Justice Department?

HAYDEN: It would have to be approved and signed off as lawful, consistent with our Constitution and our international obligations.


March 17, 2008

Iraq War as War Crime (Part One)

By Robert, Sam and Nat Parry
March 18, 2008

Editor’s Note: The Iraq War – now ending its fifth bloody year – represents not only a human tragedy of enormous consequence and possibly the greatest strategic blunder in U.S. history but also a systemic failure of American political and journalistic institutions.

Instead of checking George W. Bush’s imperial impulse for the good of the Republic, the Congress – including Sen. Hillary Clinton and other prominent Democrats – and the national press corps tended to their careers and their political viability.

In recognition of this tragedy – and in honor of the thousands of American dead and the hundreds of thousands of Iraqi dead – we are publishing the first of two excerpts from Neck Deep: The Disastrous Presidency of George W. Bush:

Iraq’s “Day of Liberation” – as George W. Bush called it – was supposed to begin with a bombardment consisting of 3,000 U.S. missiles delivered over 48 hours, 10 times the number of bombs dropped during the first two days of the Persian Gulf War in 1991.

Officials, who were briefed on the plans, said the goal was to so stun the Iraqis that they would simply submit to the overwhelming force demonstrated by the U.S. military. Administration officials dubbed the strategy “shock and awe.”

In his 2003 State of the Union speech, Bush had addressed the “brave and oppressed people of Iraq” with the reassuring message that “your enemy is not surrounding your country – your enemy is ruling your country.”

Bush promised that the day that Saddam Hussein and his regime “are removed from power will be the day of your liberation.”

But never before in history had a dominant world power planned to strike a much weaker nation in a preemptive war with such ferocity. It would be liberation through devastation.

Many projections expected the deaths of thousands of Iraqi non-combatants, no matter how targeted or precise the U.S. weapons. For those civilians, their end would come in the dark terror of crushing concrete or in the blinding flash of high explosives.

In the prelude to the invasion, the United Nations predicted possibly more than 500,000 civilians injured or killed during the war and its aftermath and nearly one million displaced from their homes.

The International Study Team, a Canadian non-governmental organization, raised similar alarms. The invasion of Iraq would cause a “grave humanitarian disaster,” with potential casualties among children in “the tens of thousands, and possibly in the hundreds of thousands,” the group said.

Assuming U.S. forces succeeded in eliminating Saddam Hussein and his army with relative speed, the post-war period still promised to be complicated and dangerous. The Bush administration outlined plans to occupy Iraq for at least 18 months, installing a military governor in the style of Gen. Douglas MacArthur in Japan after World War II.

But it was not clear how the United States would police a population that was certain to include anti-American militants ready to employ suicide bombings and other irregular tactics against an occupying force.

Bin Laden’s Message

There was the risk, too, that the U.S. invasion would play into the hands of Osama bin Laden, who circulated a message portraying himself as the defender of the Arab people.

“Anyone who tries to destroy our villages and cities, then we are going to destroy their villages and cities,” the al-Qaeda leader said. “Anyone who steals our fortunes, then we must destroy their economy. Anyone who kills our civilians, then we are going to kill their civilians.”

Some U.S. military strategists saw Bush’s war plan as the worst sort of wishful thinking.

What if the Iraqi army – instead of making itself an easy target for the U.S. missiles – melted into urban centers and began coordinating with an armed civilian population to resist a foreign invasion of their homeland? What if the Iraqi people chose to fight the American invaders, rather than shower them with rose petals?

Already, Saddam Hussein had begun concentrating his troops in urban centers and passing out AK-47s to Iraqis, young and old, men and women.

But Bush’s biggest gamble was whether the “shock and awe” bombardment from the air and the stunning American firepower during the ground invasion would intimidate the Iraqis into surrendering.

The relatively light invading force of a couple hundred thousand troops would be enough to take Baghdad, most military analysts believed, but significant resistance during the invasion would be an early sign that the Army’s chief of staff, Gen. Eric Shinseki, was right when he told Congress that the occupation could require “several hundred thousand troops.”

After that alarming estimate, Shinseki was pushed into early retirement and drew a public rebuke from Deputy Defense Secretary Paul Wolfowitz, who called Shinseki “wildly off the mark.”

A similar dispute erupted over the expected cost of the war. White House economic adviser Lawrence Lindsay had estimated a figure as high as one or two percent of the gross national product or about $100 billion to $200 billion.

To head off American worries about this high cost, Bush’s budget director Mitch Daniels slapped down Lindsay’s estimate as “very, very high,” pegging it instead at between $50 billion and $60 billion. As for reconstruction costs, Wolfowitz and other administration officials suggested that Iraq’s oil revenues would pay for nearly all of that.

Lindsay was soon headed for the door, fired in December 2002 along with Treasury Secretary Paul O’Neill, an even more outspoken Iraq War critic.

Lost Objectivity

There is the old cliché about war, that its first casualty is truth. But – as U.S. forces began the invasion of Iraq on March 20, 2003, still the evening of March 19 in Washington – an even more immediate casualty was the journalistic principle of objectivity.

Many U.S. news outlets dropped even the pretense of trying to stay neutral and just report the facts. TV anchors were soon opining about what strategies “we” should follow in prosecuting the Iraq War.

“One of the things that we don’t want to do is to destroy the infrastructure of Iraq because in a few days we’re going to own that country,” NBC’s Tom Brokaw explained as he sat among a panel of retired generals on the opening night of “Operation Iraqi Freedom.”

There was little sensitivity to the sensibilities of the region. U.S. networks used large floor maps of Iraq so American analysts could stride across the country to point out troop movements. They looked like giants towering over the Middle East.

When American troops faced resistance from Iraqi paramilitary fighters, Fox termed them “Saddam’s goons.” When Iraqi forces surrendered, they were paraded before U.S. cameras as “proof” that Iraqi resistance was crumbling.

Some of the scenes showed Iraqi POWs forced at gunpoint to kneel down with their hands behind their heads as they were patted down by U.S. soldiers. Network executives apparently felt no sense of irony when they ran these images over the words, “Operation Iraqi Freedom,” the title for the coverage and the code name for the invasion.

Showing these degrading images of captured Iraqi soldiers generated not even the mildest concern. Neither the Bush administration nor a single U.S. reporter covering the war for the news networks observed that these scenes might violate the Geneva Conventions on treatment of prisoners of war.

But several days into the invasion, five American soldiers were captured in the southern city of Nasiriyah. When their images were broadcast on Iraqi TV, Bush administration officials immediately denounced the brief televised interviews as a violation of the Geneva Conventions, a charge that was repeated over and over by outraged U.S. television networks.

“It’s illegal to do things to POWs that are humiliating to those prisoners,” said Defense Secretary Donald Rumsfeld.

In their collective outrage over Iraq’s alleged violation of international law, the U.S. networks seemed to forget the earlier scenes of the Iraqi POWs. They also left out how President Bush had stripped POWs captured in Afghanistan of their rights under the Geneva Conventions.

Prisoners at Guantanamo Bay, Cuba, were shaved bald and forced to kneel down with their eyes, ears and mouths covered to deprive them of their senses. Their humiliation was broadcast widely for the world to see.

There also had been leaks to the news media that terrorist suspects were being subjected to “stress and duress” tactics, which in some cases could be considered forms of torture. U.S. officials admitted to the use of sleep deprivation in their interrogations of prisoners.

But senior U.S. officials defended these tactics, with one official telling The Washington Post,


Virtually confirming the new U.S. policy of using forms of torture, Cofer Black, former head of the CIA Counterterrorist Center, told a joint hearing of the House and Senate intelligence committees that there was a new “operational flexibility” in dealing with suspected terrorists.

“There was a before 9/11, and there was an after 9/11,” Black said. “After 9/11 the gloves come off.”

This background left many in the world shaking their heads over the U.S. outrage when Iraqi TV broadcast the videotapes of American POWs. The Bush administration – and the major American media – seemed to prefer their international law a la carte, picking and choosing when the rules should apply and when they shouldn’t.

Patriotism Sweepstakes

As the invasion – or “liberation” – proceeded, Fox News and MSNBC competed in the sweepstakes to be the network that demonstrated the greatest pro-war patriotism.

Both Fox and MSNBC broadcast Madison Avenue-style montages of heroic American soldiers at war, amid thankful Iraqis and stirring background music. Fox News used a harmonica soundtrack of the “Battle Hymn of the Republic.”

MSNBC brought even higher production values to its images of U.S. troops moving through Iraq. One segment ended with an American boy surrounded by yellow ribbons for his father at war, and the concluding slogan, “Home of the Brave.”

Another MSNBC montage showed happy Iraqis welcoming U.S. troops as liberators over the slogan, “Let Freedom Ring.”

Left out of these “news” montages – and much of the American news coverage – were images of death and destruction.

Rather than troubling Americans with gruesome pictures of mangled and dismembered Iraqi bodies, including many children, the cable networks, in particular, edited the war in ways that helped avoid negativity, boost ratings and give advertisers the feel-good content that plays best around their products.

Fox News may have pioneered the concept of casting the war in the gauzy light of heroic imagery, but the other U.S. networks weren’t far behind.

Not to be completely out-foxed, CNN offered startlingly different war coverage to Americans on domestic CNN than what other viewers saw on CNN International.

While domestic CNN focused on happy stories of American courage and appreciative Iraqis, CNNI carried more scenes of wounded civilians overflowing Iraqi hospitals.

“During the Gulf War in 1991, [CNN] presented a uniform global feed that showed the war largely through American eyes,” the Wall Street Journal reported. “Since then, CNN has developed several overseas networks that increasingly cater their programming to regional audiences and advertisers.”

Left unsaid by the Journal’s formulation of how CNN’s overseas affiliates “cater” to foreign audiences was the flip side of that coin, that domestic CNN was freer to shape a version of the news that was more satisfying to Americans.

Still, CNN – and MSNBC – lagged behind Fox in pulling in the viewers with super-patriotic war coverage, albeit not for lack of trying.

The U.S. networks fell over themselves to tell the glorious story of Pfc. Jessica Lynch, who was captured during the invasion’s early days. Her rescue was filmed by the U.S. military in the fuzzy green of night-vision equipment and played over and over again.

Only later was it revealed that the Lynch story had been embroidered for propaganda effect. The Iraqi doctors who had cared for Lynch said the rescue was staged, a kind of made-for-TV movie before it was destined to become a made-for-TV movie.

“They made a big show,” said Haitham Gizzy, a doctor who treated Lynch. “It was just a drama” filmed after Iraqi fighters had fled the scene and with only doctors manning the hospital.

Impending Disaster

While Americans were fed a steady diet of cheerleading journalism, the stronger-than-expected resistance from Iraqi forces on the ground in the war’s early days raised warning signs about trouble ahead.

Robert Parry tracked down some of his longtime military and intelligence sources who painted for him a much grimmer picture than was appearing in the major U.S. news media.

With the war less than two weeks old, he described their portents of disaster in a Consortiumnews.com article entitled “Bay of Pigs Meets Black Hawk Down.” It read:

“Whatever happens in the weeks ahead, George W. Bush has ‘lost’ the war in Iraq. The only question now is how big a price America will pay, both in terms of battlefield casualties and political hatred swelling around the world.

“That is the view slowly dawning on U.S. military analysts, who privately are asking whether the cost of ousting Saddam Hussein has grown so large that ‘victory’ will constitute a strategic defeat of historic proportions.

“At best, even assuming Saddam’s ouster, the Bush administration may be looking at an indefinite period of governing something akin to a California-size Gaza Strip.

“The chilling realization is spreading in Washington that Bush’s Iraqi debacle may be the mother of all presidential miscalculations – an extraordinary blend of Bay of Pigs-style wishful thinking with a ‘Black Hawk Down’ reliance on special operations to wipe out enemy leaders as a short-cut to victory.

“But the magnitude of the Iraq disaster could be far worse than either the Bay of Pigs fiasco in Cuba in 1961 or the bloody miscalculations in Somalia in 1993. In both those cases, the U.S. government showed the tactical flexibility to extricate itself from military misjudgments without grave strategic damage.

“The CIA-backed Bay of Pigs invasion left a small army of Cuban exiles in the lurch when the rosy predictions of popular uprisings against Fidel Castro failed to materialize. To the nation’s advantage, however, President John Kennedy applied what he learned from the Bay of Pigs – that he shouldn’t blindly trust his military advisers – to navigate the far more dangerous Cuban missile crisis in 1962.

“The botched ‘Black Hawk Down’ raid in Mogadishu cost the lives of 18 U.S. soldiers, but President Bill Clinton then cut U.S. losses by recognizing the hopelessness of the leadership-decapitation strategy and withdrawing American troops from Somalia.

“Similarly, President Ronald Reagan pulled out U.S. forces from Lebanon in 1983 after a suicide bomber killed 241 Marines who were part of a force that had entered Beirut as peace-keepers but found itself drawn into the middle of a brutal civil war.”

Robert Parry continued: “Few analysts today, however, believe that George W. Bush and his senior advisers, including Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, have the common sense to swallow the short-term bitter medicine of a cease-fire or a U.S. withdrawal.

“Rather than face the political music for admitting to the gross error of ordering an invasion in defiance of the United Nations and then misjudging the enemy, these U.S. leaders are expected to push forward no matter how bloody or ghastly their future course might be.

“Without doubt, the Bush administration misjudged the biggest question of the war: ‘Would the Iraqis fight?’ Happy visions of rose petals and cheers have given way to a grim reality of ambushes and suicide bombs.

“But the Bush pattern of miscalculation continues unabated. Bush seems to have cut himself off from internal dissent at the CIA and the Pentagon, where intelligence analysts and field generals warned against the wishful thinking that is proving lethal on the Iraqi battlefields. …

“Instead of recognizing their initial errors and rethinking their war strategy, Bush and his team are pressing forward confidently into what looks like a dreamscape of their own propaganda. …

“While the Bush administration once talked about administering Iraq for a couple of years after victory, that timetable was based on the pre-war assumptions that the war would be a ‘cakewalk’ and that the Iraqi population would welcome U.S. troops with open arms.

“After that easy victory, a U.S. proconsul administration would weed out Saddam loyalists and build a ‘representative’ government, apparently meaning that the U.S. would pick leaders from among Iraq’s various ethnic groups and tribes.

“However, now, with civilian casualties rising and a U.S. ‘victory’ possibly requiring a blood bath, the timeline for the post-war ‘reconstruction’ may need lengthening. Instead of a couple of years, the process could prove open-ended with fewer Iraqis willing to collaborate and more Iraqis determined to resist.

“A long occupation would be another grim prospect for American soldiers. Given what’s happened in the past 11 days, U.S. occupation troops and Iraqi collaborators can expect an extended period of scattered fighting that might well involve assassinations and bombings.

“U.S. troops, inexperienced with Iraqi culture and ignorant of the Arabic language, will be put in the predicament of making split-second decisions about whether to shoot some 14-year-old boy with a backpack or some 70-year-old woman in a chador. …

“Once the ‘shock and awe’ bombing failed to crack the regime and Iraqis showed they were willing to fight in southern Iraqi cities – such as Umm Qasr, Basra and Nasiriyah – where Saddam’s support was considered weak, Bush’s initial war strategy was shown to be a grave mistake.

“The supposedly decisive ‘shock and awe’ bombing in the war’s opening days amounted to TV pyrotechnics that did little more than blow up empty government buildings, including Saddam’s tackily decorated palaces. The U.S. had so telegraphed the punch that the buildings had been evacuated. …

“Unwittingly, Bush may be applying all the wrong lessons from America’s worst military disasters of the past 40-plus years. He’s mixing risky military tactics with a heavy reliance on propaganda and a large dose of wishful thinking.

“Bush also has guessed wrong on the one crucial ingredient that would separate meaningful victory from the political defeat that is now looming. He completely miscalculated the reaction of the Iraqi people to an invasion.

“More and more, Bush appears to be heading toward that ultimate lesson of U.S. military futility. He’s committed himself – and the nation – to destroying Iraq in order to save it.”

Part Two: Stiffer-Than-Expected Resistance

Robert Parry, who broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek, wrote Neck Deep: The Disastrous Presidency of George W. Bush, with two of his sons, Sam and Nat. It can be ordered at neckdeepbook.com. Or go to Amazon.com.


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March 13, 2008

Torturegate: Centre for American Progress, Tortured LOGIC

Think Again: Catch-22 Revisited: The Bush Administration and the Public’s “Right to Know”

By Eric Alterman, George Zornick

March 13, 2008

While most of the media remains (understandably) obsessed with the hard-fought primary campaigns and a gubernatorial sex scandal torn from the pages of “Payton Place,” the Bush administration’s defense of torture—reminiscent of the dizzying Joseph Heller masterpiece,

Catch-22

—is not getting the attention it deserves.

President Bush has vetoed a bill that would have essentially prevented the CIA from engaging in torture, and the move was just upheld by Republicans in Congress. The legislative avenue for reversing the administration’s torture policy has been closed, for now, and all that’s left is the judiciary.

The Supreme Court, of course, has long since agreed with the Bush administration’s Catch-22 argument about its alleged right to torture. To sue the administration, you need to come to us with knowledge. But hey, you can’t have the knowledge because the government is not required to reveal interrogation methods due to national security concerns.

“That’s some catch, there, that Catch-22,”
observes the novel’s anti-hero, Yossarian.
“The best there is,”
comes the reply. Works every time…

Withholding information on the CIA’s interrogation methods is a stunning assertion of executive secrecy seen time after time with the current federal government. The Bush administration has used secrecy to inoculate itself against accountability for a series of potentially unconstitutional or even criminal actions. Until the dark veil of secrecy is pulled back, we can’t possibly ensure that the government is acting in accordance with the Constitution.

In the case of Khaled al-Masri, who claims he was abducted in Afghanistan and tortured by the United States, the U.S. government sought dismissal of his case under the “state secrets privilege,” contending that if they revealed any details about al-Masri’s treatment, it would compromise national security. Circuit courts agreed and tossed the case, and the Supreme Court refused al-Masri’s appeals.

Of course, al-Masri’s lawyers, along with the ACLU, argue that the use of state secrets privilege in this case twists its original meaning—the privilege is meant to shield specific evidence in an ongoing trial, not to throw an entire case out the window before it even starts.

The Supreme Court established the state secrets privilege in 1953 in a case brought by the families of three civilians who died in a military plane crash. The families wanted the accident report entered into evidence, but the government refused because the plane was part of a secret mission and had secret equipment on board. The accident report was kept hidden, but the case proceeded. Now, with al-Masri’s case dismissed on state secrets grounds alone, the law is being twisted so as to essentially immunize the federal government in any matter where national security secrets are involved, according to the ACLU.

The protection given to national security secrets has been frequently invoked by the current administration in cases where they wish to remain free from legal challenges. A number of National Security Agency employees told the Wall Street Journal that they are concerned the agency may be “overstepping its authority by veering into domestic surveillance,” but the administration has never been satisfactorily above board about who the agency is monitoring and how, which makes a fair assessment of the program impossible.

The administration dragged its feet on telling Congress anything about the NSA’s spying activities, earning an angry rebuke from Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA) last year when they were debating legislative action on domestic surveillance. The senators’ letter stated, “You have rebuffed all requests for documents and your answers to our questions have been wholly inadequate and, at times, misleading.”

When Bush officials were faced with legislation that would hold telecommunication companies accountable for breaking the law on behalf of the administration, they kept the details of the program secret even while promoting its necessity.

“The telephone companies that were alleged to have helped their country after 9/11 did so because they are patriotic and they certainly helped us and they helped us save lives,”
White House spokeswoman Dana Perino told the press on February 12. This odd logical knot—they were “alleged” to have helped, but “did so” because they are patriotic—gets at the heart of the administration’s secrecy: it refuses to recognize official recognition of any program whose existence might lead to legal challenges.

As in the al-Masri case, if there is no official knowledge of a program, it cannot be challenged in court. That’s why the administration won’t acknowledge the existence of certain programs or methods even when it implies that they are necessary. The administration actually heralds the idea of warrantless wiretapping, but almost always adds that, by the way, we may not actually be doing any. It heralds the necessity of keeping all options open when it comes to interrogation, but also, we don’t torture. This secretive subterfuge prevents any actual legal or legislative examination of what the government is actually doing.

The Bush administration’s secrecy isn’t just wielded via claims of national security secrets. In more straightforward ways, the administration is trying to keep prying eyes away from its conduct. For example, several White House staffers are refusing to cooperate with a congressional investigation into the U.S. Attorney firings, despite subpoenas demanding their presence.

Most glaringly, as we wrote about here in January, the Bush administration attempted to essentially de-fund the Office of Government Information Services, which handles Freedom of Information Act requests. These routine requests, which allow journalists and the public access to many records and information on the doings of the federal government, were under attack as soon as President Bush took office.

Attorney General John Ashcroft lowered the government’s burden for denying FOIA requests, and the Justice Department began charging exorbitant “administrative” fees for releasing documents under FOIA. There is no conclusion other than that the current government would prefer citizens have as little information about its doings as possible.

While there hasn’t been much in the way of discussion or debate about these tactics in the mainstream media of late, efforts to shine a light on them are more than welcome. Next week, the American Society of Newspaper Editors is holding Sunshine Week, a national initiative aimed at elevating discussion of issues of transparency and the public’s right to know what its government is doing in its name.

To be honest, I haven’t read Catch-22 in some decades, but I remember this: it ends badly.

Eric Alterman is a Senior Fellow at the Center for American Progress and a Distinguished Professor of English at Brooklyn College, and a professor of journalism at the CUNY Graduate School of Journalism. His blog, "Altercation," appears at

http://www.mediamatters.org/altercation.

His seventh book, Why We’re Liberals: A Political Handbook for Post-Bush America, has just been released by Viking.

George Zornick is a New York based writer.



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