Showing posts with label MCA. Show all posts
Showing posts with label MCA. Show all posts

November 21, 2008

crosenberg@MiamiHerald.com

GUANTANAMO BAY NAVY BASE, Cuba -- Two Navy defense lawyers upended a prison camps taboo Tuesday and toured a top-secret detention facility that houses the alleged elite of al Qaeda, called Camp 7.

''We weren't hooded,'' said Navy Cmdr. Suzanne Lachelier, Pentagon-appointed defense attorney for alleged 9/11 conspirator Ramzi bin al Shibh. She declined to provide details of the special prison camp whose exact location on this 45-square mile Navy base is considered a national security secret.

Pentagon officials will only say that the facility segregates some 16 former CIA-held captives from the 235 or so other war-on-terror detainees.

Among those sequestered there are alleged al Qaeda kingpin Khalid Sheik Mohammed, an Indonesian terror captive called Hambali and alleged arch-terrorist known as Abu Zubaydah, two of whom the CIA has confirmed waterboarding during overseas detention before President Bush ordered their transfer here for war court prosecution in September 2006.

Until Tuesday, only the Red Cross and unidentified prison camp personnel had seen Camp 7, a site so clandestine prison camp officials won't identify the commander of the secret detention center unit known as Task Force Platinum.

But a military judge, Marine Col. Ralph Kohlmann, issued an order in October permitting Lachelier and her co-counsel, Navy Lt. Rich Federico, to inspect the portion of the prison complex where Bin al Shibh is held. The order covered a visit to his cell, two adjacent cells, a so-called recreation room, medical room and media room -- providing a glimpse of the facilities of the clandestine prison camp on Tuesday night.

Their purpose was to evaluate the circumstances of his confinement as part of ongoing hearings of whether he is mentally competent to serve as his own defense counsel at any future death-penalty trial.

Prosecutors have charged Bin al Shibh and four other former CIA captives, among them alleged 911 mastermind Khalid Sheik Mohammed in a complex conspiracy case. They allegedly trained, advised and financed the 19 hijackers who commandeered American airlines on Sept. 11, 2001, and then crashed them into the World Trade Center, Pentagon and a Pennsylvania field, killing 2,973 people.

Bin al Shibh's attorneys have said in court filings that the Yemeni is being administered psychotropic drugs by U.S. military medical staff, which may hamper his ability to defend himself at trial. Under the terms of their access, Federico and Lachelier said, they could describe little about their 90-minute Tuesday night tour.

"We accomplished everything that the judge ordered," the commander said.

Pentagon officials consider Camp 7 such closely guarded secret that they consistently refuse to say how much money was spent on its construction -- in contrast to public disclosure of contracts for the other prison camps that sprawl across a bluff at Guantánamo overlooking the Caribbean.

In ordering the unprecedented access in October, judge Kohlmann noted that both Navy lawyers have top secret security clearances -- and volunteered to be blindfolded, if need be, as a condition of transport to the special prison camp.

  Navy Cmdr. Suzanne Lachelier, a war court defense attorney, at left, and her co-counsel, Navy Lt. Richard Federico, at right, paid an unprecedented visit Tuesday Nov. 18, 2008 to the top-secret prison facility called Camp 7 where their Pentagon appointed client, Ramzi bin al Shibh, center, is held along with other former CIA detainees. Bin al Shibh is accused of conspiracy the mass murder of nearly 3,000 people in the Sept. 11, 2001 terror attacks. He has refused to work with his lawyers, who are trying to determine whether he is mentally competent to defend himself at trial.
Navy Cmdr. Suzanne Lachelier, a war court defense attorney, at left, and her co-counsel, Navy Lt. Richard Federico, at right, paid an unprecedented visit Tuesday Nov. 18, 2008 to the top-secret prison facility called Camp 7 where their Pentagon appointed client, Ramzi bin al Shibh, center, is held along with other former CIA detainees. Bin al Shibh is accused of conspiracy the mass murder of nearly 3,000 people in the Sept. 11, 2001 terror attacks. He has refused to work with his lawyers, who are trying to determine whether he is mentally competent to defend himself at trial.

Federal judge orders five Guantanamo detainees released

Jaclyn Belczyk at 12:37 PM ET


Photo source or description
[JURIST] A judge for the US District Court for the District of Columbia [official website] on Thursday ordered the release [order, PDF] of five Algerian Guantanamo Bay [JURIST news archive] detainees. In the first ruling on detainees' rights since the June Supreme Court decision in Boumediene v. Bush [opinion, PDF; JURIST report], Judge Richard Leon [official profile] decided [Washington Post report] that the government's evidence was insufficient to persuade him that the men were planning to travel to Afghanistan to join al Qaeda and therefore properly classed as "enemy combatants:"
[W]hile the information in the classified intelligence report, relating to the credibility and reliability of the source, was undoubtedly sufficient for the intelligence purposes for which it was prepared, it is not sufficient for the purposes for which a habeas court must now evaluate it. To allow enemy combatancy to rest on so thin a reed would be inconsistent with this Court's obligation under the Supreme Court's decision in Hamdi to protect petitioners from the risk of erroneous detention. [emphasis in original]

Leon ordered that a sixth detainee, Belkacem ben Sayah, remain in custody because the government's evidence against him was sufficient to label him an enemy combatant. US Justice Department officials issued a statement [text] indicating that they were "pleased" with the court's decision to detain ben Sayah, but "disappointed" with the court's decision to release the other detainees.

Leon began habeas corpus hearings [JURIST report] for the six Algerians earlier this month. In October, he ruled [order, PDF; JURIST report] that in order to be validly held as "enemy combatants," Guantanamo Bay detainees [JURIST news archive] must have directly supported hostilities against the US or its allies, setting the standard which the government must use to justify their detention.

In a related development Wednesday, a military judge at Guantanamo Bay rejected [ACLU press release] evidence against detainee Mohammed Jawad [DOD materials; JURIST news archive], finding that it had been obtained through torture. Other evidence against Jawad for his pending trial by military commission was excluded [JURIST report] in October, also because it had allegedly been obtained through torture.

You can read the full decision at this link, too:

http://news.lp.findlaw.com/hdocs/docs/guantanamo/20081120-order-to-release-detainees.pdf

August 08, 2008

Human Rights for Whom?: Mediascout

Human Rights for Whom?

If only the left hand seemed to know what the right hand was up to, the public may have actually believed the sanctimonious speech delivered by US President George W. Bush yesterday that was meant to call out China on its human rights violations. Speaking from Bangkok yesterday, President Bush boldly criticized the way in which the Chinese government treats it human rights activists and political dissenters. “We speak out for a free press, freedom of assembly and labour rights, not to antagonize China’s leaders, but because trusting its people with greater freedom is the only way for China to develop its full potential.” It seems that the president did not mention the treatment of prisoners in his speech, perhaps because on that same day his government was busy convicting Salim Hamdan in a trial that human rights groups are calling a “sham.” Hamdan, Osama bin Laden’s former driver, was the first person to be charged in the war crimes tribunal in Guantanamo Bay launched by the Bush administration. It is the first US war crimes trial since the Second World War.

Hamdan, who was Bin Laden’s driver from 1995 to 2001, was convicted on five charges of aiding terrorism but acquitted on three charges of conspiring to plot the 9/11 attacks. Deputy White House spokesperson Tony Fratto has called it a “fair trial,” but the Big Seven would have us believe otherwise. Because the trial was run by a military commission rather than through regular US legal channels, Hamdan was not afforded the same rights that other US prisoners would be granted in his position. The Post reports that the trial included testimony that Hamdan was not aware would be used in court, while CTV points out that the case was tainted by coercive tactics such as sleep deprivation and solitary confinement. Ben Wizner of the American Civil Liberties Union points out that never before has

“a military tribunal been convened to punish such a low-level offender for such a low-level charge.”
It is expected that the Bush administration will push ahead with the prosecution on war crimes charges of eighty other Guantanamo detainees before Bush leaves office in January. Perhaps by then Bush will have applied his own human rights rhetoric to lessons at home.

Vivian Belik is a Winnipeg-based MediaScout writer for Maisonneuve Magazine.


August 06, 2008

Panel Convicts Bin Laden Driver in Split Verdict (!!!!!)

And you thought you'd already heard EVERYTHING ?????

Guess not.

Ain't THIS this pitz ?

Think about it .. this man was tortured, held in solitary, the MCA is illegal and STILL the BuZhistas must go and "get their man" regardless of its effects on international relations.

Published: August 6, 2008

GUANTÁNAMO BAY, Cuba — A panel of six military officers convicted a former driver for Osama bin Laden of one of two war crimes charges on Wednesday but acquitted him of the other, completing the first military commission trial here and the first conducted by the United States since the aftermath of World War II.


Associated Press

Salim Ahmed Hamdan in an undated photograph.

Back Story With The Times’s Jonathan Mahler (mp3)

Salim Ahmed Hamdan, in 1999.

Readers' Comments

Share your thoughts on this article.

In a setback for the military prosecutors, the commission acquitted the former driver, Salim Ahmed Hamdan, of a conspiracy charge, arguably the more serious of the two charges he faced. At a trial that included references to the landmark Nuremberg war-crimes trials of Nazi leaders in the 1940s, Mr. Hamdan was convicted on a separate charge of providing material support for terrorism.

The split verdict gave both sides in the long debate over the procedures here grounds for their competing claims. Supporters said the system’s fairness was illustrated by the careful verdict, while critics said the trial, which featured secret evidence and closed proceedings, demonstrated the injustice of the Bush administration’s military commission system.

Mr. Hamdan, who has said he is about 40, could be sentenced by the panel to anything from no imprisonment to a life term. The sentence is to be determined after a separate proceeding before the same panel, which began Wednesday afternoon, after the announcement of the verdict. At that hearing, the defense worked to portray Mr. Hamdan sympathetically as a man with few choices who felt “betrayed by bin Laden” when he learned about terrorist attacks.

The sentence is expected to be announced as soon as Thursday. Its severity could provide an insight into the military panel’s view of the case, which has been criticized because Mr. Hamdan was a minor figure in Al Qaeda.

On Wednesday, the judge granted a defense request that Mr. Hamdan be credited for more than five years of pretrial confinement since he was first charged in 2003. If the panel imposes a short sentence, lawyers said, the administration would be under increased pressure to justify continuing to hold a detainee who might already have completed his term after a conviction.

The Bush administration has long asserted that it could continue to hold detainees even if they were acquitted or given short sentences because they are designated enemy combatants who, according to the administration, can be held until the end of the war on terror.

As the verdict was read just after 10 a.m. on Wednesday in an old airport building at the isolated naval station here, Mr. Hamdan, a Yemeni who has been in custody since he was detained in Afghanistan in November 2001, stood passively at the defense table. He wore a traditional white headscarf. His head was bent slightly to one side.

The conviction of Mr. Hamdan, who was part of a select group of drivers and bodyguards for Mr. bin Laden until 2001, was a long-sought, if qualified, victory for the Bush administration, which has been working to begin military commission trials here for nearly seven years.

The six senior military officers on the panel deliberated for eight hours over three days. Four votes in a secret ballot were required for conviction.

Critics have long contended that the military commission system does not meet American standards, partly because it allows hearsay evidence and evidence derived through coercive interrogation methods.

The verdict did not mute the critics. Larry Cox, executive director of Amnesty International USA, said the trial “revealed what is common knowledge — the military commissions are fatally flawed and do not adhere to major aspects of the rule of law.”

But the military prosecutors said the verdict supported their contentions that Mr. Hamdan was a “career Al Qaeda warrior” who was pledged to protect Mr. bin Laden from the mid-1990s until after the Sept. 11 attacks. The chief military prosecutor, Col. Lawrence J. Morris of the Army, added that the verdict validated the system “as an extraordinarily fair, open and just process that produces a reliable result.”

Michael J. Berrigan, the deputy chief defense counsel for Guantánamo, said the defense was encouraged by the verdict.

“For a team that was expected to strike out at every pitch,”
Mr. Berrigan said,
“we at least hit a triple.”

He described the conspiracy charge that was rejected by the panel as the government’s main charge, and noted that when Mr. Hamdan was originally charged in 2003 the only charge he faced was conspiracy.

Charles D. Swift, a former Navy lawyer who has represented Mr. Hamdan for years, said the case would eventually reach the American court system, which he predicted would correct legal errors here. Mr. Swift called the military commission “a made-up tribunal to try anybody we don’t like.”

Defense lawyers have long argued that the charge on which Mr. Hamdan was convicted, material support for terrorism, has not historically been part of the international law of war, which is the law applied by the military commissions. Prosecutors say that, although the term “material support” may not have existed historically, the laws of war have long prohibited stealthy attacks on civilians, the mainstay of terrorism groups.

After an appeal to a military appeals court, convicted detainees can take their cases to a civilian federal appeals court and, potentially, to the Supreme Court.

The panel rejected two specifications that would have supported a conviction for conspiracy. One asserted that Mr. Hamdan was part of the larger conspiracy with senior Qaeda leaders and shared responsibility for terror attacks including the 2001 terror attack.

The second conspiracy specification rejected by the panel asserted that Mr. Hamdan was part of a conspiracy to kill Americans in Afghanistan in 2001 with shoulder-fired missiles.

But the panel voted to convict Mr. Hamdan of five of eight specifications that made up the charge of providing material support for terrorism. The specifications included accusations that he drove Mr. bin Laden, served as his bodyguard, was a member of Al Qaeda and knew its goals.

During the sentencing hearing the judge, Keith J. Allred, a Navy captain, told the panel members that the specifications were duplicative and that they should sentence Mr. Hamdan as if he had been convicted of only one specification.

For the Bush administration, a conviction on any charge represented a singular victory, partly because a case brought on Mr. Hamdan’s behalf reached the Supreme Court in 2006. That case, Hamdan v. Rumsfeld, ended with a ruling that derailed the Bush administration’s first plan for military commission trials here.

Tony Fratto, the deputy White House press secretary, said the administration was pleased that Mr. Hamdan received a fair trial, with an opportunity to present a defense against serious charges.

“The military commission convicted Hamdan of material support for terrorism,” Mr. Fratto said in a statement. “The military commission system is a fair and appropriate legal process for prosecuting detainees alleged to have committed crimes against the United States or our interests. We look forward to other cases moving forward to trial.”

The two-week trial included references by both sides to the Nuremberg trials.

Prosecutors, eager to shore up the image of the commissions here, presented a video that included graphic images of Qaeda terror attacks and their victims that they titled “The Al Qaeda Plan,” in reference to “The Nazi Plan,” a film shown at Nuremberg to document the Holocaust.

The defense noted that Hitler’s driver, Erich Kempka, was not prosecuted as a war criminal at Nuremberg.

Much of the case against Mr. Hamdan was based on his own descriptions of his role as a driver collected by federal agents in more than 40 interrogations, including some that lasted many days.

In the sentencing hearing on Wednesday afternoon, a psychiatrist called by the defense described Mr. Hamdan’s feeling of having been betrayed by Mr. bin Laden, although she did not fully explain why.

The psychiatrist, Dr. Emily A. Keram, also described what she said was Mr. Hamdan’s emotional reaction to seeing “The Al Qaeda Plan” at his trial, with its images of attacks and screaming victims.

Dr. Keram said that Mr. Hamdan had described being shocked by the images. “He told me that it was hard on his soul,” she said, adding that “he felt that his head was going to explode.”

Prosecutors argued that Mr. Hamdan had protected and ferried Mr. bin Laden to elude detection, including after the Sept. 11 attacks. However small his role in Al Qaeda, they said, people like Mr. Hamdan make Al Qaeda possible.

Defense lawyers argued that there was no evidence that Mr. Hamdan was involved in planning any Qaeda operations or had advance knowledge of them. They contended that his role as a driver was just a job for a father of two who “had to earn a living,” as one of his lawyers, Harry H. Schneider Jr., said.

July 02, 2008

ANOTHER good essay on the NSA

BTC News .. 
Worst National Security Administration Ever: Wall Street Edition
Blaming our country’s woes exclusively on the people who have most directly wrought them—Bush, Cheney, torture maven David Addington et al—becomes increasingly difficult in the face of the refusal by Democratic party leaders to confer accountability, let alone make any attempt to visit some sort of necessarily inadequate justice, upon the administration. 

The party’s presidential candidate, who agreeably opposes impeaching Bush and Cheney and seems no more than mildly interested in examining the genesis of our sorrows should he and his party consolidate control of the two elective branches, has just come out foursquare in favor of expanding the reach of a government that already has its national security tentacles embedded in what should be some very uncomfortable places, and he has endorsed at least two Congressional figures—practicing war lover Joe Lieberman, who is receiving favorable mention as a possible Republican vice-presidential candidate, over the anti-occupation Ned Lamont in 2006, and reactionary Georgia representative John Barrow over his progressive primary opponent, Regina Thomas, this year—who represent the antithesis of Barack Obama’s watchwords, “hope” and “change”. To continue the cephalopod analogy, he seems fully sympathetic to the notion of redaction as a survival technique, if one takes “survival” to mean “convenience”.

Obama did not, however, lay the keystone of a national security state, or invade Iraq, or greenlight torture, or threaten to carpet bomb Iran, or minister to the armed forces with a sledgehammer, or weaken the economy to the point that it has become its own threat to our collective security, and neither did other Vichy Democrats such as Jay Rockefeller, Nancy Pelosi, Steny Hoyer and dozens of other administration enablers. They only helped; anything more than to shave their heads and shun them could be seen as an overreaction.

Obama, like Hillary Clinton and most other Democrats, has endorsed the idea of expanding the size of the Army and Marines by some 100,000 bodies. Unfortunately, so much equipment has been worn out, damaged or destroyed in service to the occupation of Iraq and the escalating war in Afghanistan that the military, primarily the two ground-bound branches but not excluding the Air Force and Navy, cannot afford to refurbish and replace mechanical goods at the same time as they embark on a costly and time consuming expansion of flesh and blood ones. Accordingly, sentiment at the Pentagon is running high in favor not of increasing the number of ground-bound combat troops, but of trimming the human ranks in favor of resuscitating the mechanical ones.

The obvious stumbling block to a streamlining is the military’s inability to maintain the occupation and prosecute the war with fewer troops under arms. The improvements in Iraq’s internal security, which have led to steep declines in kidnappings and violent occupation-related Iraqi deaths, from apocalyptic to merely horrifying—500 each month of the latter, down from as many as 1,500 or more in the salad days, and perhaps two dozen daily of the former, down from who knows how many—are dependent upon either a stable number of US troops and mercenaries, at present in the neighborhood of 150,000 and 50,000, respectively, or an actual functioning central government with functional Iraqi police and military organizations, prospects which seem as far beyond the horizon as ever. 

In Afghanistan, where the Taliban and other anti-occupation forces appear to have taken a much longer view of the conflict than have the US and NATO, the increasingly petulant US cries for help from our once-again allies are a reflection of our own inability to bolster our own forces without dipping into that immutable number in Iraq. In both instances, expanding the Army and Marine Corps, a process that will cost upwards of $100 billion over perhaps five years—coincidentally, about what analysts say the Pentagon needs to recover from the equipment deficit—will come too late to have much impact on situations that we can reasonably guess will have deteriorated significantly by then. (The Pentagon, with characteristic modesty, places equipment repair and replacement costs closer to $50 billion.)

The Bush administration begat these problems but they now belong, for practical purposes, exclusively to the Pentagon and the next administration, which means that nothing will be done to address them for at least another six months, if then. Obama has made no coherent pledge to decrease the number of Americans under arms in Iraq, and has indicated his desire to increase the number in Afghanistan. John McCain has not been coherent about much of anything other than his cheery willingness to splash more blood whenever and wherever he can, including but not limited to those countries. Something, either the government’s and military’s commitments to the occupation and war or their shared allergy to a military draft, has to give. 

In exchange, then, for whatever dubious accomplishments they can point to in Afghanistan and Iraq, the Bush administration have left us with a military that has been poised on the brink of physical collapse for several years, and that, even barring any additional misadventures, will require at least as many years more to recover; not necessarily a bad thing philosophically, but bad enough for the people who serve in it and in the unlikely event that we need it for staving off the invading Venezuelan hordes or some other, equally legitimate purpose.

Meanwhile, the administration have, according to Seymour Hersh in the New Yorker, embarked upon an increasingly rich and expensive variety of warlike moves against Iran, using CIA and special forces personnel inside Iran and funding various Iranian dissident groups, including one on the state department’s list of terrorist organizations—an exercise, whether aimed at genuinely destabilizing the Iranian regime or at provoking it into something approaching a reason to obliviate the country, or just for the hell of it, that might make slightly more sense, using whatever logic is required for it to make any sense at all, were not oil prices already spiking upward in the wake of the Iraq invasion and US threats against Iran, and were most of our ground forces not playing hostage in neighboring Iraq, surrounded by 20 million Shiite coreligionists along with Iran’s allies in Iraqi Kurdistan.

Much of Hersh’s story is not really news—most people who are aware of the Mujahideen-e-Khalq, the group designated as terrorists, know that the US gave them safe haven in Iraq after the invasion, and assumed that the US has been supporting them in operations against the Iranian government—and some of it is questioned by people of experience in the region. Hersh says that among the groups being employed by the administration are some that bear a startling resemblance to al Qaeda, but Laura Rozen notes that journalists who have spent time with the organizations in question have seen no signs of the new weapons or wealth that one could expect to result from US support, and says her sources suggest that the threats against Iran, and whatever support the US is providing to the regime’s internal opponents, reflect only an attempt to keep the ayatollahs off balance as the administration runs out the clock until Iran, like Iraq and Afghanistan, becomes someone else’s problem. One can only hope that Rozen’s account is the more accurate, as our last formal relationship with violent Sunni fundamentalists has not resolved to our long-term benefit.

Although the degree is disputed, no one worth reading argues that invading and occupying Iraq, and the debt incurred in service of the adventure, has not had an unfortunate impact on the US economy. Unemployment, which is far higher than the official statistics admit, and the credit meltdown, which is likewise more Dali-esque than most authorities admit, are not direct consequences of the occupation, unless one takes the housing and mortgage bubbles as reflections of our collective desire to be happy and not worry about the kinds of hell we’re visiting upon Iraqis, but other costs are more visibly associated with it.

Among those costs is oil. The fourfold rise in the price of oil since January 2003, to this point heroically absorbed by consumers, can be ascribed at least in part to the invasion and the subsequent rollout of the campaign to demonize Iran. Inflation and rising demand account for only a portion, larger or smaller depending upon which maven is speaking, of the rise. More expensive gasoline isn’t necessarily a bad thing, leading as it has to a growing conservation evangelism, a practice that vice president and Halliburton lobbyist Dick Cheney once dismissed as a private virtue but “not a sufficient basis for a sound, comprehensive energy policy.” But absent that sound, comprehensive energy policy, which eight years of the Bush administration has deliberately failed to produce, conservation is an act of desperation, and high gasoline prices are a drag on everyone’s economy who isn’t an oil company executive.

Increased defense spending is a drag as well, in both senses. Unlike spending on education, research or infrastructure, or even health care and other entitlement programs, government investment in products that represent the epitome of planned obsolescence—ones that blow up the very first time you use them—does not offer a high rate of return. In peaceful days, when defense dollars are used primarily as welfare for defense contractors, the return is better but not great. During wartime, every defense dollar is taxed by higher personnel costs; what money soldiers and their families inject into the economy is eroded by the expense of caring for the wounded and paying for the dead. A million troops have passed through Iraq, and fully a third or more of them have been killed, wounded, or traumatized to the point of requiring treatment, some for the rest of their lives, most with federal funds that will have to be borrowed and on which interest will have to be paid. A few years ago, economists Joseph Stiglitz and Linda Bilmes estimated the true cost of the Iraq invasion and occupation to be between $2 trillion and $3 trillion, an estimate that they increased to at least $3 trillion in their new book, and now say may approach $4 trillion-$5 trillion instead.

That’s a lot of money, even by Everett Dirksen’s “a billion here and a billion there” standard. Distributed across the US population today, it amounts to $13,000-$16,000 for everyone, man, woman and child, which would make one hell of an economic stimulus check even on the low end. Invested in the sort of government programs which return three or four dollars for each one spent, it would inject $12 trillion or more into the economy over a period of 30 or 40 years. National security depends on our ability to remain intellectually and commercially competetive with the rest of the world; the ability to do that depends upon the economy, which depends in turn upon the well being of our population and our infrastructure. Both are suffering, and will continue to suffer, in a variety of ways and for many years, from the absence of all that money—an absence that will inspire considerably more fondness than now if Cheney has his way and we actually attack Iran.

Although not by name, Rozen’s response to Hersh’s story includes an estimation that Condoleezza Rice’s tenure at the state department has served to blunt the influence of Dick Cheney, and that of the other violent demagogues in the administration, upon Bush with respect to Iran. For that to be true, Rice, who unaccountably continues to receive mention as a good option for filling out the McCain ticket, would have to be considerably more effective in her current post than in the previous one, where she presided over the intersection of diplomacy, defense and intelligence that led us into the hole from which she is now presumably trying to dig us out. The surprising deletion, presided over by Rice deputy Christopher Hill, of North Korea from the axis of countries we would probably attack if we weren’t so fully and bloodily occupied elsewhere lends credence to the idea, but Rice’s continuing insistence on the profound evilness of Iran’s leaders suggests that if she has become less amorphous, it’s nothing that a good dunking in a vat of neoconservative bile can’t fix. And it would be profoundly out of character for Bush and Cheney to avoid leaving the next president, especially if that looks to be Obama, with something other than a fait accompli regarding Iran.

In addition to breaking the Army and the economy, the Bush administration have broken the Constitution, something the courts have made hesitant attempts to remedy in the absence of any cohesive objections from congressional Democrats or, recently, from the party’s putative leader. One of Obama’s least successful primary opponents, Chris Dodd, recently gave voice to a classic Senate floor rant in response to the Obama-supported bill granting immunity to the behemoth telecommunications firm that broke the law, violated the Constitution, in service to the Bush administration. The closing of his speech was an indictment aimed squarely at his collaborationist Democratic colleagues, and is well worth repeating here.

My father, Senator Tom Dodd, was the number two American prosecutor at the famous Nuremberg trials. And I have never, never forgotten the example he set.

As Justice Robert Jackson said in his opening statement at Nuremberg: “That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.”

Mr. President, what is the tribute that Power owes to Reason?

That America stands for a transcendent idea.

The idea that laws should rule, not men. 

The idea that the Constitution does not get suspended for vengeance. 

The idea that this nation should never tailor its eternal principles to the conflict of the moment, because if we did, we would be walking in the footsteps of the enemies we despised. 

The tribute that Power owes to Reason is due today. I know that we can find the strength to pay it. And if we can’t? We will all have to answer for it.

There’s a famous military recruiting poster that comes to mind. A man is sitting in an easy chair with his son and daughter on his lap, in some future after the war has ended. His daughter is asking him, “Daddy, what did you do in the war?” And his face is shocked and shamed, because he knows he did nothing.

My daughters, Grace and Christina, are six and three. They are growing up in a time of two great conflicts: one between our nation and its enemies, and another, between what is best and worst in our American soul. And someday soon, I know I am going to hear that question: “What did you do?” I want, more than anything else, to give the right answer.

That question is coming for every single one of us in this body. Every single one of us will be judged by a jury from whom there’s no hiding: our sons, our daughters, our grandchildren. Someday soon, they’ll read in their textbooks the story of a great nation, one that threw down tyrants and oppressors for two centuries; one that rid the world of Nazism and Soviet communism; one that proved that great strength can serve great virtue, that right can truly make might.

And then they will read how, in the early years of the 21st century, that nation lost its way.

We do not have the power to strike that chapter. No, Mr. President—we can’t go back. 

We can’t un-destroy the CIA’s interrogation tapes. We can’t un-pass the Military Commissions Act. We can’t un-speak Alberto Gonzales’s disgraceful testimony. We can’t un-torture innocent people. And perhaps, sadly, shamefully, we cannot stop retroactive immunity. We can’t un-do anything that has been done in the last six years for the cause of lawlessness and fear.

We cannot blot out that chapter. But we can begin the next one, even today. Let its first words read: “Finally, in June 2008, the Senate said: ‘Enough.’” 

The Senate, of course, has yet to say, “Enough”, although the ghost of a chance remains once the bill in question is put to a vote after, ironically, the July 4th holiday, the one where we celebrate our freedom and, whether spoken or not, its fount, the Constitution. All indications are that when the Senate reconvenes, its members will do as the House has done, and as Barack Obama now recommends, which is to approve legislation that at its heart undermines the principle, which now appears to be little more than a conceit, that legislation, and by unfortunate implication legislators, are an essential element of governance.

By which I mean, “What Chris Dodd said.”

June 26, 2008

"Detainee" kangaroo courts update

Judge threatens to suspend war court trial


crosenberg@MiamiHerald.com

GUANTANAMO BAY NAVY BASE, Cuba -- A military judge in the trial of Canadian captive Omar Khadr threatened Thursday to suspend the terror trial unless the prison camp releases a detailed log of Khadr's treatment in more than five years of detention as an alleged al Qaeda terrorist.

Khadr, 21, is accused of throwing a hand grenade in a July 2002 firefight between U.S. forces and al Qaeda suspects in Afghanistan. A Special Forces medic, Sgt. 1st Class Christopher Speer, 28, of Albuquerque, N.M., died of his wounds. Khadr was 15.

His attorney, Navy Lt. Cmdr. William Kuebler, wants the log in a pretrial effort to limit the scope of evidence given to a jury of U.S. military officers at his upcoming trial, expected in late summer. He argues the circumstances of some interrogations would exclude some of his statements from the trial.

Thursday morning, the military judge, Army Col. Peter E. Brownback III, agreed with the defense that it should get copies of the log entries from the prison camp's Detainee Information Management System, or DIMS.

Brownback is believed to be the first war court judge to threaten to ''abate'' the proceedings if the prison camp's command staff does not turn over the evidence.

''I find that this is relevant because it shows the day-by-day, hour-by-hour track of Mr. Khadr throughout his detention here at Guantánamo Bay,'' the colonel said.

The extensive document is "a method of determining how he went through the system.''

The hearing took place in the original military commissions courtroom, an old air traffic control tower on a hill overlooking "Camp Justice.''

A day earlier, war court staff retreated from the Pentagon's showcase $12 million ''Expeditionary Legal Complex'' following a series of technical glitches, including a power outage, in a first test use of a maximum-security, snoop-proof court created for the trial of six alleged 9/11 conspirators.

The long the Khadr defense team seeks would draw back a layer of secrecy surrounding Khadr's treatment at this offshore Navy base, where the Toronto-born teen grew into bushy-bearded, six-foot-two adulthood behind the razor wire of Camp Delta.

A statement Thursday evening from the prison camps command staff, called the Joint Task Force, or JTF, said the commanders were "working closely with the prosecutors to redact the records for release.''

Redaction is a process of censorship that blacks out information that the Pentagon or other government agencies don't think the public should see.

''This entails a significant effort to redact information which would put JTF personnel at risk,'' the statement added, without elaborating on the nature of the risk.

Defense lawyers argue that Khadr, the son of an alleged senior al Qaeda financier, has been subjected to repeated mistreatment at Guantánamo to reinforce a confession he gave in detention at the Bagram air base in Afghanistan.

They say he was coerced into a confession soon after his capture, injured with two bullet wounds in his back -- and punished here if he didn't stick to that first account.

Prison camp commanders have consistently denied that Khadr has been mistreated and say all enemy combatants are treated with safety and humanely.

Khadr was sent here in 2002 after his 16th birthday and has been held in the cellblocks with other adult prisoners classified as ''enemy combatants,'' -- not at Iguana House, a special prison camp set up for juvenile combatants since sent home.

Brownback noted that Khadr's defense attorneys -- Kuebler and Rebecca Snyder, a civilian Pentagon lawyer -- are cleared to see any sensitive national security information that might be included in the log.

He set a deadline of 5 p.m. May 22 for authorities to turn over the log or find a remedy for the standoff over access to the details of Khadr's confinement.

''If not,'' Brownback said, "we stop.''

After the hearing, Air Force Maj. Gail Crawford, a military commissions legal expert, said there has been no abatement so far at the war court, which is now receiving pretrial motions in six cases and has charge sheets for seven more in the wings.

''If you can't get discovery, you can't go forward,'' Crawford said.

Brownback's ultimate remedy after abatement, she said, would be to dismiss the charges entirely.

In early 2005, his attorneys sought a criminal investigation into allegations that guards used Khadr as a human mop to clean up an interrogation room at the prison camps.

According to their description, Khadr had been left shackled so long in an interrogation booth in March 2003 that he urinated on himself. To clean it up, they claimed, guards poured a cleaning solvent on his soiled prison camp uniform and dragged him across the floor to wipe it up.

In March, a Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said there ``was no evidence to substantiate these claims."

Different war court judges have been struggling with their authority to issues orders related to the running of the prison, a razor-wire-ringed series of camps that sprawl across a bluff overlooking the Caribbean -- several miles from the tribunal building.

The judge in the case of Osama bin Laden's driver, expected to be the first at trial, has set late May for a hearing on the conditions of confinement of the driver, Salim Ahmed Hamdan.

Hamdan's lawyers say he is so emotionally unstable after years of isolation in the camps that he is not competent to assist in his defense.

Last week the driver declared he would boycott the proceedings after the judge, Navy Capt. Keith Allred, postponed a hearing on the topic.

''I don't have any control over the conditions of your confinement,'' Allred told Hamdan. "I've read in the newspapers that you and others are unhappy with them, and I understand that.''

Then Wednesday, a defense attorney in the case of Afghan detainee Mohammed Jawad, captured at 17, point blank asked Brownback whether he had the authority to intervene in the circumstances of his client's captivity. Brownback hedged a reply.

Jawad is accused of throwing a grenade into a U.S. military jeep at a bazaar in Kabul and injuring two American soldiers and their interpreter. He claims he was punished for refusing to come to his war court arraignment in March.

In order to get him there, his lawyer said, guards dragged him from his cell. In March, he was brought into the court in leg shackles, a war court first.

''I believe that some court should have some supervisory power over the administration of the detention facility. Up until now, it has been an empire unto itself,'' said Jawad's attorney, Air Force Reserves Maj. David J.R. Frakt, who is in civilian life a California law professor.


The crimes and cruelty of Buschco never cease, do they?

Guantánamo (from Miami Herald)


In this courtroom sketch, Omar Khadr attends his war-crimes trial in Guantánamo Bay, Cuba Thursday, May 8, 2008.
JANET HAMLIN / COURTESY CBC
In this courtroom sketch, Omar Khadr attends his war-crimes trial in Guantánamo Bay, Cuba Thursday, May 8, 2008.

June 18, 2008

Q and A on what's next for Guantanamo Bay

Associated Press Writer

Last week the Supreme Court ruled that Guantanamo Bay detainees could challenge their detention in federal court. Now it's up to the federal judges to figure out how that will work.

Judge Royce C. Lamberth, the chief judge of Washington's federal courthouse, met behind closed doors Wednesday with the Justice Department and lawyers for the detainees to hear thoughts on how to move the estimated 200 cases through the system.

But it won't be easy.

Here are some of the questions about the process, about the hurdles that stand in their way, and what the solutions might be.

---

Q: What are these cases, criminal trials?

A: No. They are known as petitions for habeas corpus. Basically, the detainees say the government has no right to keep them locked up. The Supreme Court has generally upheld the government's right to hold enemy combatants. Government lawyers must present evidence on a case-by-case basis to persuade a judge that each prisoner is being held lawfully.

Q: Why is this so complicated? The cases have already been assigned to judges and have been sitting on the court docket for months and years. Can't they just start holding hearings?

A: No. As the legal fight over Guantanamo Bay played out over the past several years, the cases in Washington have become muddled. Officials believe that, of the 500 or so pending petitions, most are duplicates and there only about 200 detainees. That means some detainees likely have cases pending before multiple judges. The cases can't even begin until people figure out what cases are out there. Plus there are many issues to work out on how the court will handle all the classified evidence needed to consider these cases.

Q: Why is that such a big deal? Courts hear cases involving classified evidence all the time.

A: True, but never in this volume. More law clerks would need to receive security clearance, a process that takes time. The court will need to figure out how it will store the classified information, which likely exceeds its current secure storage capacity. There are strict restrictions on computers that hold classified information, so new computers would probably need to be purchased.

Q: How is this going to work logistically? Will the judges go to Guantanamo Bay? Will the detainees come to Washington?

A: For now, the likeliest solution involves a secure, closed-circuit television feed from Guantanamo Bay to Washington. Court officials don't believe the judges have the authority to sit at Guantanamo Bay or to order detainees transferred onto U.S. soil. Attorneys could argue that latter point, but doing so would probably slow the process as the matter is argued.

Q: Speaking of the process, how long is this going to take?

A: It won't be quick, but the court is considering steps to speed it up. The judges will meet in the next week or so to consider putting one judge in charge of settling preliminary disputes for all the cases. That would create a standard process that could speed things along. It's also possible that some detainees, such as the Chinese Muslims the government has been trying to find a home for, could be grouped together because their cases are so similar. Some attorneys are skeptical of those ideas, though, and want each case to be heard on its own from start to finish.

Q: So what happens now?

A: Lamberth will meet with the attorneys again next week to see what common ground can be reached on procedural and security issues. Then he'll meet with the judges. It's too soon to say when the first hearings will begin.


June 17, 2008

WAR CRIMES DOSSIER: more on torturegate

June 17, 2008 - 5:38am.

This Pentagon file photo, obtained by The Associated Press, shows Sgt. Michael Smith, left, with his dog Marco, menacing a detainee at an unspecified date in 2003 at the Abu Ghraib prison in Baghdad, Iraq.

Military psychologists were enlisted to help develop more aggressive interrogation methods, including snarling dogs, forced nudity and long periods of standing, against terrorism suspects, according to a Senate investigation.

Before they were approved by then-Defense Secretary Donald H. Rumsfeld, such harsh techniques had drawn warnings from military lawyers that they could be illegal, an investigation by the Senate Armed Services Committee has found. Officials familiar with the findings discussed them on condition of anonymity because the information has not been formally released . . .

And this from Capital Hill Blue


People often scoff at the notion of "military justice," opining that it is an oxymoron. Nothing could be further from the truth. To get a feel for the value that the military puts in its lawyers, watch this video: Gitmo hearing 'not justice'; in this case, MAJ Jackson is willing to put his career on the line to call the proceeding what it is - an injustice. That's pretty outspoken for a military officer, but it is a value that the Army in particular expects from its officers - to do the right thing, even when it is the hard thing.

Those of us who are trained in the law, and military law in particular, are not as surprised as others. We understand that the Uniform Code of Military Justice is quite a remarkable instrument for justice - which is apparently why the administration was so reluctant to use it. For example, most people think that the famous phrase "you have the right to remain silent..." comes from the Supreme Court's decision in Miranda v. Arizona - it actually is modeled on the UCMJ's Article 31, which preceded Miranda by 16 years. F. Lee Bailey, the famous defense attorney, has opined that if he were innocent he would rather be tried in a military court martial than in a civilian court because of the safeguards required in such trials. That is the objection that many of us have to the Military Commissions Act. There were established procedures, recognized as "just" around the world, including in international law, that could have been used. The Geneva Conventions specifically provide that:
Quote:
Art. 102. A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
Geneva Convention III, Section III, Article 102 In other words, the UCMJ. If it is good enough under international law, why is is not good enough for the United States?


I have been disturbed by other authorizations by the administration that are not in conformity with the Geneva Conventions, in particular GC III, Art. 99, which provides:

Quote:
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.


No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel.
Would that that had been read before.
_________________________

A well reasoned argument is like a diamond - impervious to corruption and crystal clear - and infinitely rarer - N. Hussein O'Ponderer

June 16, 2008

Pentagon Flip-Flops, Denies WAR CRIMES DOSSIER: Evidence To Detainees In Military Commission Trials


When Khalid Sheik Mohammed and other alleged co-conspirators in the
Sept. 11, 2001, terrorist attacks seek to represent themselves in military commissions trials in Guantanamo Bay, Cuba, they may be barred from reviewing highly classified evidence and might not have access to the intelligence agents who interrogated them, according to the Pentagon's Office of Military Commissions.

The Justice Department has argued that the Supreme Court's decision last week granting the Guantanamo detainees the right to challenge their detentions in U.S. courts should not affect the military trials process. The department contends that the government plans to go ahead with military commissions for those who are facing war crimes charges.

Though the top legal adviser for the commissions process, Air Force Brig. Gen. Thomas W. Hartmann, has said that the trials would be "fair, just and transparent" and that detainees would have full access to the evidence against them, Pentagon officials have now backed off of those claims. The Office of Military Commissions said last week that defendants representing themselves might not get access to information about their interrogators and that secret information might have to be redacted in order to be shared with them.

"If classified information is presented to the jury, the accused will see it, no exceptions," according to the Office of Military Commissions' written responses to Washington Post questions about how the military commissions will deal with classified evidence in the Sept. 11 case. Yet a further explanation reveals that classified contents of certain materials could be replaced by summaries and blacked-out documents. "It is possible that an accused representing himself will not be able to directly review some evidence; in such circumstances, his standby defense counsel might be involved."

t is unclear, however, what role the standby counsel would be allowed to play and how far the judge would let him go in cooperating in their client's defense. Mohammed, Tawfiq bin Attash and Ali Abdul Aziz Ali have been approved to represent themselves at trial; Ramzi Binalshibh and Mustafa Ahmed al-Hawsawi have hearings pending to determine their competency to do so.

The defendants, some of whom have already said they were tortured by CIA agents while held in secret prisons overseas, almost certainly will request to use highly classified evidence relating to their captures and alleged confessions under duress. Legal experts said that, in such cases, it would be critical to challenge the confessions as illegal because of coercion, even if the government did not seek to use them, because of the legal doctrine that if the defendant was abused, all of his following statements would then be tainted and inadmissible.

Yet the Office of Military Commissions will not guarantee that the defendants will be able to question and confront their interrogators or captors, saying that the "identities of intelligence interrogators are normally classified." Though the CIA has acknowledged using aggressive interrogation techniques, including waterboarding, it is possible that the detainees will never learn their interrogators' names or have access to them.

Gerald T. Zerkin, a lawyer who represented convicted terrorist Zacarias Moussaoui in his federal trial in Alexandria, said that when he was "stand-by counsel" in the case, he could not share classified information with Moussaoui, and summaries of some high-value detainees' interrogations were offered to the court, with no indication of how, when or where the statements were obtained.

"He didn't have access to classified information," said Zerkin. "You know information about the trial, you want to advise him, and you can't tell him what it is. How do you suppress statements if you can't have access to the officers to ask them questions about how the statements were taken, and they can't testify? So it will be secret trials. It just shreds the [U.S.] Constitution into itty-bitty pieces."

The government's position contrasted with earlier public statements, in which Hartmann and military prosecutors vowed to share everything with the defendants. "As to classified, there will be no secret trials," Hartmann said when he announced the charges in the Sept. 11 conspiracy case last February, before the defendants declared they wanted to represent themselves. "Every piece of evidence, every stitch of evidence, every whiff of evidence that goes to the finder of fact, to the jury, to the military tribunal will be reviewed by the accused, subject to confrontation, subject to cross-examination, subject to challenge."

Decisions about classified evidence will be up to the military judges presiding over military commissions cases, and Hartmann has said he will allow prosecutors to put forward classified evidence derived from the CIA's enhanced interrogation techniques and leave it up to the judge to determine its legality. Still, prosecutors could try to keep some classified evidence out of the defense's hands.

"If the military judge agrees that the classified information is relevant and material to the defense and that there is no reasonable alternative, then the military judge may order the prosecution to disclose the classified information or dismiss the charge and specification to which the classified information pertains," according to the e-mailed statement.

Eugene R. Fidell of the National Institute of Military Justice said he thinks detainees must have a way to confront classified evidence and the people who interrogated them.

"Otherwise, I don't see how the interest in public confidence in the administration of justice can be served," said Fidell. "Does he have a right to challenge the circumstances under which his statements were made or not? Does he have a right to say how he was treated or not?"

Classified information requires special handling in a Sensitive Compartmented Information Facility - known as a SCIF - and prosecutors have indicated that they would ensure that such a facility would be made available for the defendants' use. The entire courtroom complex at Guantanamo is considered a SCIF, and there are five small holding cells inside the compound where detainees are held before court hearings.

"How they are going to do this, I have no idea," said Navy Lt. Richard Federico, who has been assigned to represent Binalshibh. "These individuals have been subject to the very things that are classified, including sources, methods and techniques. But they don't have a clearance, obviously, so I have no idea how they're going to rectify that."

June 14, 2008

As George Bush visits London, Reprieve tells Bush and Brown: Bring Binyam Back to Britain

Where: Trafalgar Square, in front of the National Gallery
When: 3 pm, Sunday 15 June
Who: Reprieve Director Clive Stafford Smith, former Guantánamo prisoners, Barney the Dinosaur and other special guests

On Sunday 15 June, US President George W. Bush is visiting London as part of his valedictory world tour, and will be having tea with the Queen and dinner with Prime Minister Gordon Brown.

Reprieve, the legal action charity that represents over 30 Guantánamo prisoners, is using this opportunity to highlight the suffering of Binyam Mohamed, the London resident who remains in Guantánamo Bay. The US military has announced that it wants to put him through its discredited military commission process, and a final decision will be made in the next two weeks. The commission system is so corrupt that Col. Morris Davis recently quit as the chief military prosecutor, because of the system’s many flaws, one being that evidence derived from torture was going to be used against the prisoners. 

Nothing could be more true of Binyam, who was taken to Morocco where his genitals were razor-bladed for 18 months. After that he was rendered to more abuse in the CIA-run “Dark Prison” in Kabul, where he was tortured psychologically, hung up and subjected to incredibly loud music for 20 days at a time. He has been imprisoned in Guantánamo Bay since September 2004.

The timing of President Bush’s visit to London is fortuitous but only if we can make sure that he gets the message. We are meeting at 3 pm outside the National Gallery in Trafalgar Square and are working towards a finale outside the Southbank Centre, where Massive Attack are hosting a series of Reprieve events as part of Meltdown 2008, at 4.30pm.

Throughout this initiative, Reprieve will dramatize the torture-by-music that Binyam and other prisoners have suffered. Barney the Purple Dinosaur will be making a personal appearance, as the theme tune to this popular children’s show has been one of the US torturers’ favourite pieces of torture music. We are also hoping to involve other creative “cartoon characters”: Katy the Kangaroo Court, and even Roger the Razor Blade. Cosmetics firm Lush, who have been supporting the work of Reprieve, have kindly agreed to bring along their massive “Fair Trial My Arse” orange underpants, to highlight the nature of the unjust process that Binyam is facing.

You don’t have to sing the Barney theme song with us (although you’d be welcome to!). Or you can dress up in any outfit you think dramatises Binyam’s torture over the past six years. We are also very keen for credible spokespeople to stand up for Binyam and demand that Gordon Brown place his immediate repatriation to Britain on the summit agenda.

Please join us!

June 12, 2008

WAR CRIMES DOSSIER: Supreme Court Rules in Favor of the Detainees in Massive Blow to Bush Administration

From the Jonathan Turley blog ..

Supreme Court Rules in Favor of the Detainees in Massive Blow to Bush Administration

In a massive blow to the Bush Administration, the Supreme Court has ruled 5-4 in favor of the detainees at Guantanamo Bay, Cuba. In the opinion below, Justice Kennedy delivers the opinion of a lifetime: holding faithfully to the Constitution in a time of prolonged crisis.

Kennedy writes:
“We hold that Art. I, §9, cl. 2, of the Constitution has full
effect at Guantanamo Bay. If the privilege of habeas
corpus is to be denied to the detainees now before us,
Congress must act in accordance with the requirements of
the Suspension Clause.”
Amen, Brother, amen.

For a copy of the opinion, click here.

May 23, 2008

Daillaire's comments on Omar Khadr ..

Dallaire: Who are the real criminals in Omar Khadr's case?

Romeo A. Dallaire, National Post Published: Friday, May 23, 2008

Canadians must realize by now that our government's cynicism toward Omar Khadr's tragic predicament reflects an unacceptable moral position. We are permitting the United States to try a Canadian child soldier using a military tribunal whose procedures violate basic principles of justice.

Stephen Harper's Conservatives slough off this reality using clever words and pat responses.

Speaking recently about his government's inaction on the Khadr file, Foreign Affairs Minister Maxime Bernier glibly told the House that "the current policy of the government is one that has been in place since 2002," and that the government "is making sure that justice takes its course."

The policy toward Mr. Khadr formulated by the Canadian government in 2002, during the panicky aftermath of 9/11, was unquestionably wrong. Sticking stubbornly to this six-year-old approach illustrates an inflexible policy mechanism, and perhaps even a compulsion to bow and scrape to the Bush administration

In recent years, we have heard troubling facts about Guantanamo Bay and incontrovertible evidence of U. S. malfeasance.

In July, 2006, the United Nations called for the closure of Guantanamo Bay, terming the indefinite detention of individuals without a charge "a violation of the convention against torture." Two months later, more than 600 U. S. legal scholars and jurists called on Congress not to enact the Military Commissions Act of 2006, as it would rob detainees of fundamental protections provided by domestic and international law.

This act allows prosecutors to use evidence gleaned from abusive interrogations, including coercion and torture. The commissions also sabotage individuals' ability to defend themselves by barring access to exculpatory evidence known to the U. S. government. In Mr. Khadr's case, documents to be used as evidence for war-crimes charges, laid in February, 2007, have been altered.

In December, 2007, Colonel Morris Davis, then chief military prosecutor of the military tribunals, resigned in protest over such political interference. "It's a disgrace to call it a military commission," he said. "It is a political commission."

Omar Khadr's ordeal began in 2002, when the 15-year-old was present during a firefight with U. S. troops in Afghanistan. Despite his age and the two serious gunshot wounds Khadr suffered during the incident, he was taken prisoner as an adult combatant for allegedly killing a U. S. serviceman. Even while he lay healing from his wounds, he was ill-treated, possibly tortured and certainly threatened with rendition, rape and death. We now know that even Canadian officials capitalized on Khadr's incarceration at Guantanamo Bay to question him.

Despite all this, Canada's Foreign Affairs Minister sticks to his line that the government "is making sure that justice takes its course." It's difficult to imagine how anything resembling justice can come out of Guantanamo Bay.

Within the international community, Canada is viewed as gullible for allowing one of its citizens to be processed by an illegal tribunal system at Guantanamo, and as hypocritical for quietly acceding to the first ever child-soldier war-crimes prosecution.

Canada's inaction has profound ramifications. The UN Special Representative for Children in Armed Conflict, Radhika Coomaraswamy, says Khadr's prosecution sets a hazardous precedent in international law, which will endanger child soldiers in conflict zones. The impunity enjoyed by the real criminals -- those who have recruited child soldiers -- continues to the detriment of real victims: the thousands of child soldiers around the world.

This government must act now, as all of our allies have done already, to bring its citizen home. Otherwise, through our citizens, we are abetting an affront to human rights and international law that will have detrimental consequences for the thousands of child soldiers we agreed to protect around the world.

- Lieutenant-General (ret'd) Romeo A. Dallaire is a Liberal Senator.


May 13, 2008

Canada losing moral standing over treatment of Omar Khadr: Dallaire

Canada has sunk to the moral equivalent of al-Qaeda by failing to treat Canadian Omar Khadr the same way it treats other child soldiers, Liberal Senator Roméo Dallaire said Tuesday.

Dallaire, who appeared before a foreign affairs committee on international human rights, said Khadr is clearly a child soldier who shouldn't be prosecuted by an illegal court system at Guantanamo Bay but reintegrated into society.

Canada is heading down a slippery slope by failing to obey the United Nations conventions on child soldiers to which it is a signatory, he said.

"The minute you start playing with human rights, with conventions, with civil liberties in order to say you are doing it to protect yourself … you are no better than the guy who doesn't believe in them at all," he said.

"We are slipping down the slope of going down that same route."

Now 21, Khadr has been in U.S. custody since 2002, after he was captured on an Afghan battlefield. The Pentagon says he threw a grenade that killed U.S. Sgt. Christopher Speer and are attempting to try him before the controversial military tribunals.

Dallaire, Kenney spar

In a testy exchange with Conservative MP Jason Kenney, Dallaire suggested by failing to treat Khadr as a child soldier, Canada has sunk to the moral equivalent of terrorists.

Kenney pointed to a number of al-Qaeda actions, including an incident in which the group allegedly outfitted mentally challenged young girls with explosive belts and sent them to their deaths in a Baghdad animal market.

"Is it your testimony that al-Qaeda strapping up a 14-year-old girl with Down Syndrome and sending her into a pet market to be remotely detonated is the moral equivalent to Canada's not making extraordinary political efforts for a transfer of Omar Khadr to this country?" asked Kenney.

"If you want a black and white [response] … I am only too prepared to give it to you: absolutely," said Dallaire. "You are either with the law or you are against the law. You're either a child soldier or you're not. You're either guilty or you're not."

Canada must be ready to deal with similar situations in the future, Dallaire said.

"If you think this is the last one, then we're really smoking dope because in this era, we're going to face similar scenarios and we've got to be prepared in this multi-ethnic country to handle it," he said.

Canada must protect all of its citizens, "whether we like them and their beliefs or not. That is irrelevant," he said.

Dallaire said Canadian soldiers have helped rehabilitate more than 7,000 child soldiers in Afghanistan. None of them have been prosecuted, he said.

"What is the political reason? What makes [Khadr] different from the others?" said Dallaire.

Dallaire said Khadr is being tried under an illegal judicial system at Guantanamo Bay, the U.S. prison on the eastern tip of Cuba.

"The thing is flawed, it is illegal and we're letting it happen," he said.

U.S. President George W. Bush would be "one of the happiest people on earth" if Canada removed Khadr from Guantanamo, Dallaire said.

"The way to sort it out is you get the prime minister of this country to call the president and say 'I want my boy out and we’ll fill out the paperwork after.' And that's it," said Dallaire.

Liberal Leader Stéphane Dion said he disagreed with Dallaire's choice of words and hinted the senator could be disciplined.

"This is a matter … [for] the [party] whip, and we'll deal with that," Dion told reporters.

"I would express that in my own way. I would say that Canada should do like the other countries and ask the government of the United States to bring this Canadian home to be prosecuted in Canada. The inaction of the government is unacceptable."

U.S. expert calls for action

The former U.S. prosecutor for the UN's war crimes court in Sierra Leone also called for Khadr to be returned to Canada, saying he believes Khadr is a child soldier.

"I think it's important to bring Khadr back and have his case fairly and openly considered in Canada," said David Crane, who appeared before the committee.

Crane, a law professor at Syracuse University College, said children who volunteer for military duty shouldn't be held to the same standard as adults.

"Children, any child, just doesn't have the requisite mental capability of this situation, regardless if they volunteer or not," he said.

"Children shouldn't be placed in these situations. If so, we shouldn't prosecute them for what they did,"
he said.
"Legally, at the international level, they're not responsible for what they did. We just don't do this anymore."

Dallaire declared his intention to agitate on Khadr's behalf earlier this month, saying he would "harass" Prime Minster Stephen Harper until the government intervened in the case.

Washington maintains that the U.S. Military Commissions Act, which governs the trial process at Guantanamo Bay, doesn't have a minimum age, and is legal under international law.

My article on Romeo Dellaire that ran in NZ, Australia, it was picked up by Australian Broadcasting.
The owner of the blog was a ditz, had me publically attacked, so I no longer write for her despite the number of links, etc. I got over there!! She was paying me nothing and ABC didn't pay me anything either.

http://www.emotionalwellbeingblog.com/2007/06/learning-to-set-reasonable-goals.html


April 27, 2008

Don't let shock overpower overpower your intelligence and logic: Mark Yannone

Don't let shock overpower your intelligence and logic

by Mark Yannone


Here is a video that tries to convince the audience that an Act of Congress can alter the Constitution, including the Bill of Rights. It cannot. This is how the Constitution is altered. And this is the result of trying to alter the Constitution illegally. If you believe otherwise, you, citizen, are fired.

Watch as this popular documentary tries to convince the nation that we have lost Amendments 1, 4, 5, 6, 8, and 13 by congressional legislation or executive order. Likewise, this documentary tries to convince the audience that the Military Commissions Act stripped our right of habeas corpus from the Constitution. Nonsense. Congress has no power to change so much as a comma in the Constitution. We have lost nothing but our minds.

Washington, You're Fired!


Note: You do not have to sign any petitions or write any letters to your representatives. Every two years you have the right to remove 100 percent of the members of the House of Representatives and 33 percent of the Senators. The ballot is available to register your demand.

3 comments:

Anonymous said...

LOL MARK WAS THAT YOU?? at approximately 21:40 they put a brain on you and you started twinkling I think. Hahahaha.

Good for you, Mark. Good for you!

Fred Marshall said...

Technically, you are absolutely right. I suppose that is a good argument you can make when you're stopped at any one of the growing number of arbitrary checkpoints across the country, as they snatch you out of the car and taser you as they drag you to a patrol car and haul you downtown. By the time you get before a judge, the charges (bogus all) against you will be so overwhelming that you won't escape scot-free.

Obviously you have not had a run-in with the "law" lately. I have. So have thousands of others. Law enforcement and the courts play by the Patriot Act "rules," not by the Constitutional prohibitions. I heard one judge, in a Larry Becraft trial, clearly say he wouldn't allow the Constitution to be quoted in his courtroom. I was there and personally heard that.

Former Texas attorney Harmon Taylor resigned the bar after losing his case before the court of appeals on the Timothy McVeigh case, when they ruled that the Constitution "is not admissible evidence of law." The public was told the 30-day delay in McVeigh's execution was because they had found some misplaced FBI files they wanted McVeigh's lawyers to see, but that delay was caused by Harmon's jurisdictional challenge based on the Constitution's requirement that wrongful death is a matter over which the State has exclusive jurisdiction, when it occurs anywhere within the state other than federally-owned property. The Murrah "Federal" building was OWNED by Oklahoma City and only portions of it were LEASED to the feds.

If I have $100 but you have it locked in your safety deposit box and won't give me access to it, is it really mine?

Fred

said...

Public perception is worth its weight in gold. If the public is led to believe that "Ron Paul can't win," can he win? If the public is led to believe that there are "only three candidates," can Ron Paul win? If the public is led to believe that Congress voted away the Bill of Rights, do you expect the public to demand enforcement of the Bill of Rights?

But we are a nation of laws, not a nation of wishes or illusions painted by TV broadcasters and commentators. So, yes, Fred, in the hypothetical example you gave, the $100 is still yours, and if I won't surrender it then you have a right to take action to get it. My decision cannot change your entitlement.

If a judge or police officer misbehaves, he doesn't have any effect on the law. The law stands until legally changed. Americans should know this well, so that at every turn we will object loudly and boldly to illegal government behavior.

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