Time & Elections

From the article US Torture: Voices from the Black Sites by Mark Danner at NYRB on the report of the International Committee of the Red Cross on the treatment of detainees at Guantanamo Bay [pdf]:

We think time and elections will cleanse our fallen world but they will not. Since November, George W. Bush and his administration have seemed to be rushing away from us at accelerating speed, a dark comet hurtling toward the ends of the universe. The phrase “War on Terror”—the signal slogan of that administration, so cherished by the man who took pride in proclaiming that he was “a wartime president”—has acquired in its pronouncement a permanent pair of quotation marks, suggesting something questionable, something mildly embarrassing: something past. And yet the decisions that that president made, especially the monumental decisions taken after the attacks of September 11, 2001—decisions about rendition, surveillance, interrogation—lie strewn about us still, unclaimed and unburied, like corpses freshly dead.

How should we begin to talk about this? Perhaps with a story. Stories come to us newborn, announcing their intent: Once upon a time… In the beginning… From such signs we learn how to listen to what will come. Consider:

I woke up, naked, strapped to a bed, in a very white room. The room measured approximately 4m x 4m [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed….

A man, unnamed, naked, strapped to a bed, and for the rest, the elemental facts of space and of time, nothing but whiteness.

The Sorry Case of Binyam Mohamed

It is beyond my understanding how we know these things and do so little about them.  From an article by Glenn Greenwald that Barack Obama should read:

Mohamed is an Ethiopian citizen and British resident who was arrested in Pakistan in 2002 and then “rendered” by the U.S. to multiple countries (such as Morocco); held incommunicado (no access to lawyers, the International Red Cross or anyone else) and interrogated by U.S. agents until 2004; and then shipped off to Guantanamo, where he has remained ever since.  Mohamed alleges — and (as British courts have ruled) there is substantial evidence to confirm — that he was brutally tortured during this time period, including having his genitals sliced, being severely beaten, and having guns aimed at his head and threatened with death if he did not confess.  [more]

Surely Obama does not want these horrors to be his.  But if not, and I simply must assume not, he must do everything in his power to allow these stories to be told and justice to be done, in America, in Britain, in Canada [Omar Khadr] and wherever it is necessary to do so.  Nothing less than full disclosure is required.

UPDATE:  From Scott Horton at The Nation

Articles 4 and 5 of the Convention Against Torture require the United States to prohibit torture under domestic criminal law and to investigate and prosecute incidents in which it is practiced. The failure even to begin criminal investigations has placed the United States in breach of its obligations under the treaty, a point that even torture apologists like University of Chicago Law School professor Eric Posner freely concede.  [more]

Très Stupide

If Binyam Mohamed hadn’t been tortured in this scenario, it might be funny:

[UPDATED below]

A British ‘resident’ held at Guantanamo Bay was identified as a terrorist after confessing he had visited a ‘joke’ website on how to build a nuclear weapon, it was revealed last night.

Binyam Mohamed, a former UK asylum seeker, admitted to having read the ‘instructions’ after allegedly being beaten, hung up by his wrists for a week and having a gun held to his head in a Pakistani jail.

It was this confession that apparently convinced the CIA that they were holding a top Al Qaeda terrorist.

This is the British case that was in the news last week when the justices held that documents pertaining to Mohamed’s interrogation could not be made public because the US threatened to stop sharing intelligence with the British if they gave up its “state secrets”.  By the way, this was the policy of the Bush administration but Barack Obama has adopted it to the apparent dismay of the British court.

The “build a nuclear bomb” article in question was a satirical piece written by Barbara Ehrenreich, Rolling Stone journalist Peter Biskind and scientist Michio Kaku.  It claims that a nuclear weapon can be made ‘using a bicycle pump’ and with liquid uranium ‘poured into a bucket and swung round’.  It was published in the American magazine Seven Days and was later available on many websites.

 Don’t get me wrong, it wouldn’t be acceptable to torture someone for a better reason.  Still, this does add insult to injury.  If anyone thinks that the US has its hands tied because the real reasons for Mohamed’s detention and torture can’t be revealed in order to protect national security, think again.  The story is coming out anyway, as these stories so often do.  At this point, I can only think the US doesn’t want to acknowledge the sheer stupidity of its buffons-in-action,  post 9/11.  Better we should think they at least thought they had good reason to be freaked out, a lá that most serious and altruistic of torturers, Jack Bauer.

UPDATE:  The wonderfully lucid Glenn Greenwald provides an excellent synopsis of the way the Bush administration, and now the Obama adminisration, used the State Secrets Act –

What was abusive and dangerous about the Bush administration’s version of the States Secret privilege — just as the Obama/Biden campaign pointed out — was that it was used not (as originally intended) to argue that specific pieces of evidence or documents were secret and therefore shouldn’t be allowed in a court case, but instead, to compel dismissal of entire lawsuits in advance based on the claim that any judicial adjudication of even the most illegal secret government programs would harm national security.  That is the theory that caused the bulk of the controversy when used by the Bush DOJ — because it shields entire government programs from any judicial scrutiny — and it is that exact version of the privilege that the Obama DOJ yesterday expressly advocated (and, by implication, sought to preserve for all Presidents, including Obama).  

 

Obama & Civil Liberties – Fail

From Glenn Greenwald at Salon:

Two weeks ago, I interviewed the ACLU’s Ben Wizner, counsel to 5 individuals suing the subsidiary of Boeing (Jeppesen) which had arranged the Bush administration’s rendition program, under which those 5 plaintiffs had been abducted, sent to other countries and brutally tortured.  Today the Obama administration was required to file with the Ninth Circuit Court of Appeals its position in this case — i.e., whether it would continue the Bush administration’s abusive reliance on the “state secrets” privilege to prevent courts from ruling on such matters, or whether they would adhere to Obama’s previous claims about his beliefs on “state secrets” by withdrawing that position and allowing these victims their day in court. 

Yesterday, enthusiastic Obama supporter Andrew Sullivan wrote about this case:  “Tomorrow in a federal court hearing in San Francisco, we’ll find out if the Obama administration intends to keep the evidence as secret as the Bush administration did.”  As I wrote after interviewing Wizner two weeks ago:  “This is the first real test of the authenticity of Obama’s commitment to reverse the abuses of executive power over the last eight years.”  Today, the Obama administration failed that test — resoundingly and disgracefully …

Read the rest here

Less than a month in to Barack Obama’s presidency, I’m tired already.

UPDATE:  See poor old Obama enthusiast (ex?) Andrew Sullivan on this.

Obama, “Change” & Torture USA

From Glenn Greenwald at Salon:

While virtually all of the Bush agenda over the last eight years ended up being deeply unpopular and profoundly discredited, it was his foreign policy and intelligence programs (torture, rendition, illegal surveillance, war) which caused the most intense opposition, at least among Democratic voters.  That is a large part of why Democrats just won their second straight national election promising to oppose Bush’s policies and to implement “change.”  It was the policies implemented and overseen by Bush’s Pentagon, CIA and “homeland security” apparatus that caused the most disgrace.  “Continuity” in those areas would be nothing less than a patent betrayal of everything Democrats, over the last two years, told the citizenry they intended to do.

And yet, having watched Obama already announce that he is retaining Bush’s Defense Secretary, here we have the top Democrat on the House Intelligence Committee also urging that Obama keep, for “at least” six months, Bush’s handpicked Director of National Intelligence (whom Democrats excoriated during the FISA debates for manipulating and, as even Reyes himself noted, outright lying to them) and Bush’s handpicked CIA Director (who was, as Obama himself said, the “architect and chief defender” of Bush’s illegal NSA spying programs).  Even worse, Reyes is publicly urging that Obama maintain, rather than overhaul, “some parts of the CIA’s controversial alternative interrogation program” — or else we’ll all be slaughtered by the Terrorists.

Read the whole thing here

Constitutional Peril

I do hope that America pays close attention to a book written by Bruce Fein, the Harvard-educated constitutional lawyer who had the gumption, to up and quit and critisize the Bush administration for its crimes against the America and the Founding Document:  Constitutional Peril: The Life and Death Struggle for our Constitution and Democracy.  Here’s part of a review at firedoglake:

While most of his fellow conservatives were defending anything and everything George Bush did, and most establishment Democrats were running away from these issues as fast as their scared little legs could carry them, Fein became one of the most eloquent and uncompromising defenders of our country’s constitutional values in the face of a coordinated onslaught led by Dick Cheney’s office and the Bush DOJ. Fein, to my knowledge, was the first prominent political figure to declare — in a December 27, 2005 Washington Times column that has aged exceptionally well — that Bush’s FISA lawbreaking was not only a threat to our republican principles, but was an impeachable offense, and he further argued that Congress had not the option, but the Constitutional duty, to impeach the President if the lawbreaking did not cease immediately:

Volumes of war powers nonsense have been assembled to defend Mr. Bush’s defiance of the legislative branch and claim of wartime omnipotence so long as terrorism persists, i.e., in perpetuity. Congress should undertake a national inquest into his conduct and claims to determine whether impeachable usurpations are at hand. As Alexander Hamilton explained in Federalist 65, impeachment lies for “abuse or violation of some public trust,” misbehaviors that “relate chiefly to injuries done immediately to the society itself. . . .

Congress should insist the president cease the spying unless or until a proper statute is enacted or face possible impeachment. The Constitution’s separation of powers is too important to be discarded in the name of expediency.

As further revelations of anti-democratic policies emerged — involving torture, rendition, due-process-less detentions and a whole slew of frivolous legal theories to shield the President’s behavior behind a wall of secrecy — Fein has remained one of the nation’s most relentless and tenacious critics of the Bush administration’s assault on our Constitution, as well as the inexcusable Congressional abdication in the face of this assault. He worked with Sen. Russ Feingold on the Wisconsin Senator’s resolution to censure Bush for violating FISA, and most of all, he has repeatedly urged that Congress fulfill its constitutional obligation by pursuing impeachment proceedings against this incomparably lawless President.

Fein has now made perhaps his most important contribution yet to the cause of defending the Constitution and the rule of law: his newly released book, Constitutional Peril: The Life and Death Struggle for Our Constitution and Democracy. As the title suggests, Fein argues and richly documents that, primarily as the result of the last eight years, America’s constitutional form of government is in imminent danger of extinction. Employing both his substantial constitutional expertise and his penchant for describing complex legal issues in clear and easy-to-understand terms, Fein details how the crux of our Constitutional guarantees have been gutted –not only by a lawless and power-grabbing administration, but also by a Congress that has allowed it to happen and, at least as much, by an American citizenry that has been tragically indifferent to safeguarding the liberties which the Founders guaranteed.

While other books have critiqued the Bush administration’s theories of executive power and chronicled its chronic lawbreaking, Fein very persuasively makes the case that, at this point, the blame is far more collective than suggested by those who simply heap blame on the White House. While the crimes of the Bush administration were originally conceived of and implemented in secret by a small group of executive branch officials, that is no longer the case. One by one, the criminal acts of the Bush administration has been revealed. Yet Congress has done virtually nothing in response, except to endorse the lawbreaking and immunize the criminals — as it did when it authorized the President’s detention and interrogation schemes with the 2006 bipartisan passage of the Military Commissions Act, as well as the 2008 enactment by the Democratic Congress of the FISA Amendments Act. And through it all, American citizens have expressed little outrage at the systematic evisceration of our core liberties.

The central project of Fein’s book is to examine the likelihood that these trends can be reversed. What, he asks, are the prospects for restoration of the Constitutional system that has served us so well for the last two centuries? The answer is one that most readers will be unhappy to hear, though there is little doubt that his answer is realistic. With a citizenry that has proven itself largely indifferent to these matters, a presidential election that has ignored them almost completely, and the general tendency of political officials — no matter how well-intentioned — to expand rather than contract their own power, Fein argues that, absent some unforeseeable and extraordinary changes, this erosion of our Constitution is likely to continue rather than abate, no matter who is in power.

Though pessimistic, Fein is not without hope — as evidenced by, at the very least, the fact that he has written this book, and has generally continued his forceful advocacy in defense of the rule of law. Within Fein’s grim assessment of where we are and are likely to go lies the template for persuading our fellow citizens of the urgency of these matters. As Fein recognizes, political institutions will respond to public will. It is that public will which must be galvanized, and Fein’s book is a vitally important tool in that cause.

Canadians and others would do well to read it too, since no constitution is immune from Bush-type revisions and regressive interpretations.  We are living through a huge threat to democracy every place it tries to grow.

Floating Prisons

From The Guardian/UK:

The United States is operating “floating prisons” to house those arrested in its war on terror, according to human rights lawyers, who claim there has been an attempt to conceal the numbers and whereabouts of detainees.

Details of ships where detainees have been held and sites allegedly being used in countries across the world have been compiled as the debate over detention without trial intensifies on both sides of the Atlantic. The US government was yesterday urged to list the names and whereabouts of all those detained.

Information about the operation of prison ships has emerged through a number of sources, including statements from the US military, the Council of Europe and related parliamentary bodies, and the testimonies of prisoners.

The analysis, due to be published this year by the human rights organisation Reprieve, also claims there have been more than 200 new cases of rendition since 2006, when President George Bush declared that the practice had stopped.

It is the use of ships to detain prisoners, however, that is raising fresh concern and demands for inquiries in Britain and the US.

According to research carried out by Reprieve, the US may have used as many as 17 ships as “floating prisons” since 2001. Detainees are interrogated aboard the vessels and then rendered to other, often undisclosed, locations, it is claimed.

Ships that are understood to have held prisoners include the USS Bataan and USS Peleliu. A further 15 ships are suspected of having operated around the British territory of Diego Garcia in the Indian Ocean, which has been used as a military base by the UK and the Americans.