From Those Who Know : Torture Just Doesn’t Work

Artist: Fernando Botero / truthout.

Tortured reasoning: The tactical errors of prisoner abuse.
By David Rose

George W. Bush defended harsh interrogations by pointing to intelligence breakthroughs, but a surprising number of counterterrorist officials say that, apart from being wrong, torture just doesn’t work. Delving into two high-profile cases, the author exposes the tactical costs of prisoner abuse. This article was originally published by Vanity Fair on Dec. 16, 2008 and was also distributed by truthout.

By the last days of March 2002, more than six months after 9/11, President George W. Bush’s promise “to hunt down and to find those folks who committed this act” was starting to sound a little hollow. True, Afghanistan had been invaded and the Taliban toppled from power. But Osama bin Laden had vanished from the caves of Tora Bora, and none of his key al-Qaeda lieutenants were in U.S. captivity. Intelligence about what the terrorists might be planning next was almost nonexistent. “The panic in the executive branch was palpable,” recalls Mike Scheuer, the former C.I.A. official who set up and ran the agency’s Alec Station, the unit devoted to tracking bin Laden.

Early in the morning of March 28, in the moonlit police-barracks yard in Faisalabad, Pakistan, hopes were high that this worrisome intelligence deficit was about to be corrected. Some 300 armed personnel waited in silence: 10 three-man teams of Americans, drawn equally from the C.I.A. and the F.B.I., together with much greater numbers from Pakistan’s police force and Inter-services Intelligence (ISI). In order to maximize their chances of surprise, they planned to hit 10 addresses simultaneously. One of them, they believed, was a safe house containing a man whose name had been familiar to U.S. analysts for years: Zayn al-Abidin Muhammad Hussein, a 30-year-old Saudi Arabian better known as Abu Zubaydah. “I’d followed him for a decade,” Scheuer says. “If there was one guy you could call a ‘hub,’ he was it.”

The plan called for the police to go in first, followed by the Americans and ISI men, whose job would be to gather laptops, documents, and other physical evidence. A few moments before three a.m., the crackle of gunfire erupted. Abu Zubaydah had been shot and wounded, but was alive and in custody. As those who had planned it had hoped, his capture was to prove an epochal event – but in ways they had not envisaged.

Four months after Abu Zubaydah’s capture, two lawyers from the Department of Justice, John Yoo and Jay Bybee, delivered their notorious memo on torture, which stated that coercive treatment that fell short of causing suffering equivalent to the pain of organ failure or death was not legally torture, an analysis that – as far as the U.S. government was concerned – sanctioned the abusive treatment of detainees at the C.I.A.’s secret prisons and at Guantánamo Bay. But, as Jane Mayer writes in her recent book, The Dark Side (Doubleday), Abu Zubaydah had been subjected to coercive interrogation techniques well before that, becoming the first U.S. prisoner in the Global War on Terror to undergo waterboarding.

The case of Abu Zubaydah is a suitable place to begin answering some pressing but little-considered questions. Putting aside all legal and ethical issues (not to mention the P.R. ramifications), does such treatment – categorized unhesitatingly by the International Committee of the Red Cross as torture – actually work, in the sense of providing reliable, actionable intelligence? Is it superior to other interrogation methods, and if they had the choice, free of moral qualms or the fear of prosecution, would interrogators use it freely?

President Bush has said it works extremely well, insisting it has been a vital weapon in America’s counterterrorist arsenal. Vice President Dick Cheney and C.I.A. director Michael Hayden have made similar assertions. In fact, time and again, Bush has been given opportunities to distance his administration from the use of coercive methods but has stood steadfastly by their use. His most detailed exposition came in a White House announcement on September 6, 2006, when he said such tactics had led to the capture of top al-Qaeda operatives and had thwarted a number of planned attacks, including plots to strike U.S. Marines in Djibouti, fly planes into office towers in London, and detonate a radioactive “dirty” bomb in America. “Were it not for this program, our intelligence community believes that al-Qaeda and its allies would have succeeded in launching another attack against the American homeland. By giving us information about terrorist plans we could not get anywhere else, this program has saved innocent lives.”

Really? In researching this article, I spoke to numerous counterterrorist officials from agencies on both sides of the Atlantic. Their conclusion is unanimous: not only have coercive methods failed to generate significant and actionable intelligence, they have also caused the squandering of resources on a massive scale through false leads, chimerical plots, and unnecessary safety alerts – with Abu Zubaydah’s case one of the most glaring examples.

Here, they say, far from exposing a deadly plot, all torture did was lead to more torture of his supposed accomplices while also providing some misleading “information” that boosted the administration’s argument for invading Iraq.

Everything that was to go wrong with the interrogation of Abu Zubaydah flowed from a first, fatal misjudgment. Although his name had long been familiar to the C.I.A., that did not make him an operational terrorist planner or, as Bush put it in September 2006, “a senior terrorist leader and a trusted associate of Osama bin Laden.” Instead, Scheuer says, he was “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. However, only a tiny percentage would ever be tapped for recruitment by al-Qaeda.

According to Scheuer, Abu Zubaydah “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and the enemy he focused on was Israel, not the U.S. After Abu Zubaydah’s capture, Dan Coleman, an F.B.I. counterterrorist veteran, had the job of combing through Abu Zubaydah’s journals and other documents seized from his Faisalabad safe house. He confirms Scheuer’s assessment. “Abu Zubaydah was like a receptionist, like the guy at the front desk here,” says Coleman, gesturing toward the desk clerk in the lobby of the Virginia hotel where we have met. “He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” It was also significant that he was not well versed in al-Qaeda’s tight internal-security methods: “That was why his name had been cropping up for years.”

Declassified reports of legal interviews with Abu Zubaydah at his current residence, Guantánamo Bay, suggest that he lacked the capacity to do much more. In the early 1990s, fighting in the Afghan civil war that followed the Soviet withdrawal, he was injured so badly that he could not speak for almost two years. “I tried to become al-Qaeda,” Abu Zubaydah told his lawyer, Brent Mickum, “but they said, ‘No, you are illiterate and can’t even remember how to shoot.'” Coleman found Abu Zubaydah’s diary to be startlingly useless. “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11,” he says. “All it does is reveal someone in torment. Based on what I saw of his personality, he could not be what they say he was.”

In May 2008, a report by Glenn Fine, the Department of Justice inspector general, stated that, as he recovered in the hospital from the bullet wounds sustained when he was captured, Abu Zubaydah began to cooperate with two F.B.I. agents. It was a promising start, but “within a few days,” wrote Fine, he was handed over to the C.I.A., whose agents soon reported that he was providing only “throw-away information” and that, according to Fine, they “needed to diminish his capacity to resist.” His new interrogators continued to question him by very different means at so-called black-site prisons in Thailand and Eastern Europe. They were determined to prove he was much more important than the innkeeper of a safe house.

Bush discussed Abu Zubaydah’s treatment in his 2006 announcement. “As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the C.I.A. used an alternative set of procedures….. The procedures were tough, and they were safe, and lawful, and necessary.” Soon, Bush went on, Abu Zubaydah “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11.” Among them, Bush said, were Khalid Sheikh Mohammed, the alleged 9/11 mastermind, and his fellow conspirator Ramzi Binalshibh. In fact, Binalshibh was not arrested for another six months and K.S.M. not for another year. In K.S.M.’s case, the lead came from an informant motivated by a $25 million reward.

As for K.S.M. himself, who (as Jane Mayer writes) was waterboarded, reportedly hung for hours on end from his wrists, beaten, and subjected to other agonies for weeks, Bush said he provided “many details of other plots to kill innocent Americans.” K.S.M. was certainly knowledgeable. It would be surprising if he gave up nothing of value. But according to a former senior C.I.A. official, who read all the interrogation reports on K.S.M., “90 percent of it was total fucking bullshit.” A former Pentagon analyst adds: “K.S.M. produced no actionable intelligence. He was trying to tell us how stupid we were.”

It is, perhaps, a little late, more than six years after detainees began to be interrogated at Guantánamo Bay and at the C.I.A.’s black-site prisons, to be asking whether torture works. Yet according to numerous C.I.A. and F.B.I. officials interviewed for this article, at the time this question really mattered, in the months after 9/11, no one seriously addressed it. Those who advocated a policy that would lead America to deploy methods it had always previously abhorred simply assumed they would be worthwhile. Non-governmental advocates of torture, such as the Harvard legal scholar Alan Dershowitz, have emphasized the “ticking bomb” scenario: the hypothetical circumstance when only torture will make the captured terrorist reveal where he – or his colleagues – has planted the timed nuclear device. Inside the C.I.A., says a retired senior officer who was privy to the agency’s internal debate, there was hardly any argument about the value of coercive methods: “Nobody in intelligence believes in the ticking bomb. It’s just a way of framing the debate for public consumption. That is not an intelligence reality.”

Read all of this article here.

Thanks to Jim Retherford / The Rag Blog

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Alleged Vote-Rigger Michael Connell Was Warned About Sabotage Before Crash

Michael Connell and Karl Rove.

Report: GOP consultant killed in plane crash was warned about possible sabotage.
By John Byrne, David Edwards and Stephen Webster / December 22, 2008

Go here to watch Video from Action 19 News.

For more background on this story, see Michael Connell : The Suspicious Death of the Man Who May Have Rigged the 2000 Election by Bob Fitrakis and Harvey Wasserman, posted earlier today, Dec. 22, 2008, on The Rag Blog.

The Republican consultant accused of involvement in alleged vote-rigging in Ohio in 2004 was warned that his plane might be sabotaged before his death in a crash Friday night, according to a Cleveland CBS affiliate.

45-year-old Republican operative Michael Connell was killed when his single-passenger plane crashed Friday into a home in a suburb of Akron, Ohio. The consultant was called to testify in federal court regarding a lawsuit alleging that he took part in tampering with Ohio’s voting results in the 2004 election.

Without getting into specific details, 19 Action News reporter Blake Renault reported Sunday evening that 45-year-old Republican operative and experienced pilot had been warned not to fly his plane in the days before the crash.

“Connell…was apparently told by a close friend not to fly his plane because his plane might be sabotaged,” Renault said. “And twice in the last two months Connell, who is an experienced pilot, cancelled two flights because of suspicious problems with his plane.”

Renault called Connell’s death “untimely.”

The National Transportation Safety Board and Federal Aviation Administration are now investigating the crash. According to the Cleveland Plain Dealer, no new information has been made available since the incident occurred.

Connell was the subject of a lawsuit by liberal lawyer Clifford Arnebeck, perhaps most well known for suing on behalf of 37 Ohio residents to block Bush’s electoral college victory in 2004. Arnebeck had alleged Connell’s involvement in a ploy to “flip” votes from then Democratic nominee Sen. John Kerry to then-President George W. Bush.

Connell was ordered to testify in the suit in October, and told a federal court that he had no involvement and knew of no plan to switch votes in Ohio in 2004.

The Plain Dealer made no mention at all of the suit in their article Monday.

Connell was the founder of Ohio-based New Media Communications, which created campaign Web sites for George W. Bush and John McCain.

Arnebeck warned the Justice Department that Connell’s safety was in jeopardy earlier this year. In July, he wrote an email to Attorney General Michael Mukasey, requesting witness protection for the GOP operative, which was carbon copied to Democratic Congressmen John Conyers, Jr. (D-MI) and Rep. Dennis Kucinich (D-OH), who were sympathetic to his 2004 lawsuit over Ohio’s electoral votes.

“I have informed court chambers and am in the process of informing the Ohio Attorney General’s and US Attorney’s offices in Columbus for the purpose, among other things, of seeking protection for Mr. Connell and his family from this reported attempt to intimidate a witness,” Arnebeck wrote. “Because of the serious engagement in this matter that began in 2000 of the Ohio Statehouse Press Corps, 60 Minutes, the New York Times, Wall Street Journal, C-Span and Jim VandeHei, and the public’s right to know of gross attempts to subvert the rule of law, I am forwarding this information to them, as well.”

Connell’s exploits as a top GOP IT ‘guru’ have been well documented by RAW STORY’s investigative team.

The interest in Mike Connell stems from his association with a firm called GovTech, which he had spun off from his own New Media Communications under his wife Heather Connell’s name. GovTech was hired by Ohio Secretary of State Kenneth Blackwell to set up an official election website at election.sos.state.oh.us to present the 2004 presidential returns as they came in.

Connell is a long-time GOP operative, whose New Media Communications provided web services for the Bush-Cheney ’04 campaign, the US Chamber of Commerce, the Republican National Committee and many Republican candidates.

Alternative media group ePlubibus Media further discovered in November 2006 that election.sos.state.oh.us was hosted on the servers of a company in Chattanooga, TN called SmarTech, which also provided hosting for a long list of Republican Internet domains.

“Since early this decade, top Internet ‘gurus’ in Ohio have been coordinating web services with their GOP counterparts in Chattanooga, wiring up a major hub that in 2004, first served as a conduit for Ohio’s live election night results,” researchers at ePluribus Media wrote.

A few months after this revelation, when a scandal erupted surrounding the firing of US Attorneys for reasons of White House policy, other researchers found that the gwb43 domain used by members of the White House staff to evade freedom of information laws by sending emails outside of official White House channels was hosted on those same SmarTech servers.

RAW STORY Investigative Editor Larisa Alexandrovna said Connell’s death should be examined carefully in a blog post Sunday, but stopped short of alleging foul play. She reported on Arnebeck’s lawsuit and Connell’s enjoined testimony earlier this year.

“He has flown his private plane for years without incident,” Alexandrovna wrote. “I know he was going to DC last night, but I don’t know why. He apparently ran out of gas, something I find hard to believe. I am not saying that this was a hit nor am I resigned to this being simply an accident either. I am no expert on aviation and cannot provide an opinion on the matter. What I am saying, however, is that given the context, this event needs to be examined carefully.”

RUSH TRANSCRIPT: “The fatal plane crash of Michael Connell was certainly untimely. The 45-year-old local man was accused of rigging the 2004 election for President Bush, a claim that Connell denied under oath. But under closer examination from civil attorney Clifford Arnebeck, wanted Connell placed under federal protection. Arnebeck was worried that if Connell told all that he knew about President Bush and the 2004 campaign, Connell’s life would be in jeopardy. Arnebeck said that he received confidential information that Republican operative Karl Rove threatened Connell and his wife if Connell told all that he knew.

“So who exactly is Michael Connell? Well he worked here as a Republican computer specialist and consultant. Basically he is accused of taking votes in 2004 from then-candidate John Kerry and diverting them to president bush throughout the state of Ohio. And last month under oath in a federal court, Connell denied having any knowledge of manipulating votes. Records show that the Bush campaign paid Connell’s business $800,000 in 2004, but it’s unclear for what. Connell though was apparently told by a close friend not to fly his plane because his plane might be sabotaged. And twice in the last two months Connell, who is an experienced pilot, canceled two flights because of suspicious problems with his plane.

“And now yet another problem was … but this one took his life. It’s too early to tell if the federal investigation into Connell’s death has any kind of ties from the work he provided from this office to the president.”

Source / The Raw Story

Thanks to Jim Retherford / The Rag Blog

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Michael Connell : The Suspicious Death of the Man Who May Have Rigged the 2000 Election

Michael Connell. Photo from Cleveland Plain Dealer.

‘Michael Connell’s unnatural, suspicious death raises serious questions about the corruption of the American electoral process that now may never be answered.’
By Bob Fitrakis and Harvey Wasserman / December 21, 2008

Michael Connell, the crucial techno- lynch pin in the theft of the 2004 election, and much more, is dead at the age of 45. His unnatural, suspicious death raises serious questions about the corruption of the American electoral process that now may never be answered.

Connell died Friday, December 19 when his Piper Saratoga plane crashed near his northern Ohio home. He was flying himself home from the College Park, Maryland airport. An accomplished pilot, flying in unremarkable weather, his death cuts off a critical path to much of what may never be known about how the 2004 election was shifted from John Kerry to George W. Bush in the wee hours of November 2. His plane crashed between two houses in an upscale neighborhood, one vacant, just 2.5 miles from the Akron-Canton airport.

A long-time, outspokenly loyal associate of the Bush family, Connell created the Bush-Cheney website for their 2000 presidential campaign. Connell may have played a role in various computer malfunctions that helped the GOP claim the presidency in 2000. As a chief IT consultant and operative for Karl Rove, Connell was a devout Catholic and the father of four children. In various interviews and a deposition Connell cited his belief that abortion is murder as a primary motivating factor in his work for the Republican Party.

Connell recently wrote the following in his New Media Communications newsletter, regarding Barack Obama’s election: “In our 230 year history, our democracy has suffered worse fates. It’s just that none come to mind right now.” Connell wrote: “This is just a moment in time and this too shall pass. Enduring is the fact that 2000 years ago, a babe was born in Bethlehem. When our Lord God sent his only Son for our salvation,…In spite of the current economic and political conditions, salvation is eternal.”

Ohio Republican Secretary of State J. Kenneth Blackwell hired Connell in 2004 to create a real-time computer data compilation for counting Ohio’s votes. Under Connell’s supervision, Ohio’s presidential vote count was transmitted to private, partisan computer servers owned by SmartTech housed in the basement of the Old Pioneer Bank building in Chattanooga, Tennessee. Connell’s company, New Media Communications worked closely with SmartTech in building Republican and right-wing websites that were hosted on SmartTech servers. Among Connell’s clients were the Republican National Committee, Swift Boat Veterans for Truth and gwb43.com. The SmartTech servers at one point housed Karl Rove’s emails. Some of Rove’s email files have since mysteriously disappeared despite repeated court-sanctioned attempts to review them.

In 2001, Michael Connell’s GovTech Solutions, LLC was selected to reorganize the Capitol Hill IT network, the only private-sector company to gain permission from HIR [House Information Resources] to place its server behind the firewall, he bragged.

At 12:20 am on the night of the 2004 election exit polls and initial vote counts showed John Kerry the clear winner of Ohio’s presidential campaign. The Buckeye State’s 20 electoral votes would have given Kerry the presidency.

But from then until around 2am, the flow of information mysteriously ceased. After that, the vote count shifted dramatically to George W. Bush, ultimately giving him a second term. In the end there was a 6.7 percent diversion—in Bush’s favor—between highly professional, nationally funded exit polls and the final official vote count as tabulated by Blackwell and Connell.

Until his death Connell remained the IT supervisor for six Congressional committees. But on the day before the 2008 election, Connell was deposed by attorneys Cliff Arnebeck and Bob Fitrakis about his actions during the 2004 vote count, and his continued involvement in IT operations for the GOP, including his access to Rove’s e-mail files and the circumstances behind their disappearance.

Various threats have been repeatedly reported involving Connell and other IT experts close to the GOP. On July 24, 2008, Arnebeck emailed Attorney General Michael Mukasey, stating: “We have been confidentially informed by a source we believe to be credible that Karl Rove has threatened Michael Connell, a principal witness we have identified in our King-Lincoln case in federal court in Columbus, Ohio,….”

Connell’s death comes at a moment where election protection attorneys and others appeared to be closing in on critical irregularities and illegalities. In his pre-election deposition, Connell was generally evasive, but did disclose key pieces of information that could prove damaging to Karl Rove and the GOP. Examining attorneys in the King-Lincoln-Bronzeville civil rights lawsuit, stemming from the 2004 election theft, were confident Connell had far more to tell.

There is widespread concern that this may be the reason he is now dead.

[Bob Fitrakis and Harvey Wasserman have co-authored four books on election protection, including AS GOES OHIO and HOW THE GOP STOLE AMERICAS 2004 ELECTION…, available at http://www.blogger.com/www.freepress.org, where this article first appeared. They are attorney and plaintiff in the King- Lincoln-Bronzeville civil rights lawsuit which subpoenaed and was deposing Michael Connell.]

Source / The Free Press

Thanks to Bill Meacham / The Rag Blog

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Another Story of Police State Amerikkka: Plans for Economic Unrest

For cryin’ out loud, read what these clowns are planning. They are scared to death of their constituencies. And THAT scares me to death. First they trash the system, then they effectively scapegoat us for it having happened. What a deal !!

Richard Jehn / The Rag Blog

Dec. 1, 1999. Seattle, Washington, environs of the WTO meeting: officer fires plastic bullets at peaceful protesters at close range. Photo source.

Ariz. police say they are prepared as War College warns military must prep for unrest; IMF warns of economic riots
By Mike Sunnucks / December 17, 2008

A new report by the U.S. Army War College talks about the possibility of Pentagon resources and troops being used should the economic crisis lead to civil unrest, such as protests against businesses and government or runs on beleaguered banks.

“Widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security,” said the War College report.

The study says economic collapse, terrorism and loss of legal order are among possible domestic shocks that might require military action within the U.S.

International Monetary Fund Managing Director Dominique Strauss-Kahn warned Wednesday of economy-related riots and unrest in various global markets if the financial crisis is not addressed and lower-income households are hurt by credit constraints and rising unemployment.

U.S. Sen. James Inhofe, R-Okla., and U.S. Rep. Brad Sherman, D-Calif., both said U.S. Treasury Secretary Henry Paulson brought up a worst-case scenario as he pushed for the Wall Street bailout in September. Paulson, former Goldman Sachs CEO, said that might even require a declaration of martial law, the two noted.

State and local police in Arizona say they have broad plans to deal with social unrest, including trouble resulting from economic distress. The security and police agencies declined to give specifics, but said they would employ existing and generalized emergency responses to civil unrest that arises for any reason.

“The Phoenix Police Department is not expecting any civil unrest at this time, but we always train to prepare for any civil unrest issue. We have a Tactical Response Unit that trains continually and has deployed on many occasions for any potential civil unrest issue,” said Phoenix Police spokesman Andy Hill.

“We have well established plans in place for such civil unrest,” said Scottsdale Police spokesman Mark Clark.

Clark, Hill and other local police officials said the region did plenty of planning and emergency management training for the Super Bowl in February in Glendale.

“We’re prepared,” said Maricopa County Sheriff Deputy Chief Dave Trombi citing his office’s past dealings with immigration marches and major events.

Super Bowl security efforts included personnel and resources from the U.S. Department of Homeland Security and U.S. military’s Northern Command, which coordinated with Arizona officials. The Northern Command was created after 9/11 to have troops and Defense Department resources ready to respond to security problems, terrorism and natural disasters.

Northern Command spokesman Michael Kucharek and Arizona Army National Guard Major. Paul Aguirre said they are not aware of any new planning for domestic situations related to the economy.

Nick Dranias, director of constitutional government at the libertarian Goldwater Institute, said a declaration of marital law would be an extraordinary event and give military control over civilian authorities and institutions. Dranias said the Posse Comitatus Act restricts the U.S. military’s role in domestic law enforcement. But he points to a 1994 U.S. Defense Department Directive (DODD 3025) he says allows military commanders to take emergency actions in domestic situations to save lives, prevent suffering or mitigate great property damage.

Dranias said such an emergency declaration could worsen the economic situation and doubts extreme measures will been taken. “I don’t think it’s likely. But it’s not impossible,” he said.

The economy is in recession. Consumer spending is down, foreclosures are up and a host of businesses are laying off workers and struggling with tight credit and the troubled housing and financial markets. The U.S. Federal Reserve Bank and U.S. Treasury Department have pumped more than $8.5 trillion into the economy via equity purchases of bank stocks, liquidity infusions, Wall Street and bank bailouts and taxpayer rebates. U.S. automakers are seeking more than $14 billion in federal loans with fears they could fall into bankruptcy without a bailout. The U.S. housing and subprime lending-induced recession also has hit economies in Europe, Japan and China.

Gov. Janet Napolitano’s office declined comment on emergency planning and possible civil unrest. Napolitano is president-elect Barack Obama’s pick for secretary of Homeland Security, an agency that oversees airport security, disaster response, border security, customs and anti-terrorism efforts.

As governor, Napolitano sent National Guard troops to Palo Verde Nuclear Generating Station in 2003 in response to terrorism threats.

Glendale Police spokesman Jim Toomey said the West Valley suburb developed new emergency plans with the approach of Y2K computer changeovers leading up to the year 2000 and police have updated those plans several times including after 9/11. Toomey said strategies to deal with public unrest usually involve deploying personnel and equipment to deal with specific incidents while still providing usual services.

Source / Phoenix Business Journal

Thanks to Richard Myers, MDS / The Rag Blog

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Freeze! CodePink Strikes Austin Mall With Anti-War Theater

Austin “freeze action”: Video by Ric Sternberg / The Rag Blog.

On December 20, 2008, a group of Code Pink members and friends staged a ‘freeze action’ at the Barton Creek Mall in Austin, Texas. The message was ‘don’t buy war,’ encouraging shoppers to avoid buying war toys and to think about the horrors of the wars in Iraq and Afghanistan.

By Susan Van Haitsma / The Rag Blog / December 21, 2008

The arctic cold front scheduled to bring plunging temperatures to Austin tonight was pre-empted by a brief freeze that blew into the Barton Creek Square Mall earlier today.

While shoppers buzzed from store to kiosk, a group of 15 of us organized by CodePink Austin stood still in an atrium area for 6 minutes to demonstrate the cold reality that the 6th year of an occupation of Iraq that continues to cost lives and dollars is being sold as the solution in Afghanistan as well.

Some of us carried shopping bags that we’d covered with bold lettering reading “Don’t Buy War,” “We Can’t Afford War,” or “Buy Toys, Not War.” We wore clothing with peace messages and buttons that encouraged shoppers to read our flier. Some held mock newspapers emblazoned with the headline, “War is Over.”

Our mall theatre was modeled on previous freeze actions held in New York City’s Grand Central Station and other busy public centers to dramatize the “stop war” message.

The flier we made available to shoppers explained the action, urging them to not buy war toys and to not “buy into the notion that war in Afghanistan is the ‘good war.'” The flier listed reasons to end the military occupation of Afghanistan and recommendations for a changed US policy, as prepared by the group, September 11th Families for Peaceful Tomorrows, an organization of 9-11 victims’ family members, some of whom have travelled to Afghanistan to meet with family members of occupation victims.

Our freeze action elicited curious stares from shoppers who stopped and watched, some taking out their phones to take photos, and some asking for a flier. Coming across people standing still amidst a flurry of activity arrests the imagination.

I stood in my “Make Art, Not War” t-shirt holding a messaged shopping bag, a pocket watch and a sketch pad with the years 2003 – 2008, “$, injury and death” written on successive pages that I folded down as each minute passed. The final page read “2009, Enough!”

We did the action twice in different spots in the mall. The second time, within two minutes, several security persons arrived and told us to stop it. (But we WERE stopped!) We had decided beforehand to not press it when asked to leave. The security people ushered us out of the building and into the parking lot. When I remarked to one of them that there aren’t many public spaces left for expressing our opinions, he agreed.

Some in the group were headed afterward to a demonstration and toy drive at the T. Don Hutto private prison in Taylor, where they were joining others calling for the facility that imprisons immigrant families with children to be closed.

Are we OK with privatizing our gathering places … our prisons … our wars? Strangely, at the same time that legislators are using public funds to prop up private companies, they are using private companies to carry out government business. Things are backward and topsy-turvy. It’s time to stop and change course.

The Rag Blog

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Rabbi Arthur Waskow : Obama Has a Deaf Ear to Religion

Evangelical maverick Rev. Richard Cizik speaks at Mosque during annual Interfaith Gandhi Walk.

‘I do think it was a good idea to reach out to evangelicals, but there was a far better possible person — better religiously, symbolically, politically.’
By Rabbi Arthur Waskow
/ The Rag Blog / December 21, 2008

When it comes to religion, Barack Obama is deaf in one ear. There was considerable accuracy to the pre-election criticism that somehow he was for many years deaf to the wildness of some of Reverend Jeremiah’s Wright’s sermons — though from the other ear, perhaps he noticed that some of those Prophetic jeremiads rang with truth. Now the choice of Reverend Rick Warren to invoke the presence of God at the inauguration seems to be another symptom of a deaf ear -– perhaps an over-corrective, trying to wipe out the memories of Jeremiah Wright?

I know what the arguments are for inviting Rev. Warren:

• For some, it’s simple enough: he’s right, God thinks gay male and maybe lesbian sex are as sinful as pederasty and bestiality.

• Some others think it’s Obama as clever Chicago politico: offer a symbolic crumb to the right wing when your “real” politics will be pro-gay.

• Still others think it’s smarmy clever politics: Obama’s version of Clinton’s Sister Souljah moment, deliberately kicking part of his political base in the knee so as to prove his independence to the nation at large.

• Others think it’s wise long-range politics: slowly bring the right-wing evangelicals into a dialogue, showing you think they’re human beings and thereby winning them over to support Obama on economic issues and maybe even foreign policy.

• And anyway, some “secular” liberals and progressives think, religion is mere symbolism. Money and troops, that’s real. How many paratroop divisions can either Rev. Wright or Rev. Warren field in Afghanistan, how many jobs can they save in Detroit? So it doesn’t matter what Obama does with any religious figures; it’s all moonbeams anyway.

I don’t agree with any of those arguments. I do think it was a good idea to reach out to evangelicals, but there was a far better possible person — better religiously, symbolically, politically.

Reverend Richard Cizik did an act that Jews called tshuvah. Literally, “turning” himself toward the God Who is always evolving. That is the most profoundly religious act a person can undertake, and it often means losing prestige and power. Cizik has put himself on the line for years, insisting that a true evangelical Christian must take action to heal God’s creation from the wounds humans are inflicting on it. Then last week he said that he supported full legal rights for gay and lesbian couples, and that he could feel a growing in himself toward spiritually affirming such unions as marriages.

For this he was forced to resign after 28 years as vice-president and chief lobbyist of the National Association of Evangelicals.

Honoring people who despite institutional pressure move toward God’s justice, God’s compassion, God’s shalom – now that’s an act of religious celebration. (Does Obama remember that before Dr. King became a saint he was a troublemaker?) Holding up as public exemplar someone who out of deep conviction moves toward affirming your political allies, instead of honoring those who kick your allies in the teeth – that’s a sign of political smarts.

In either mode, Obama should have asked Rev. Cizik to invoke the God we all need – the God who Wrestles with us and asks us to Wrestle all night and every morning with our beliefs about the universe.

And one other thing he might have done. After a year of fleeing mosques as if they indeed were the homes of the devil – instead of having the courage of General Colin Powell to say, “Those rumors that I’m a Muslim are lies – but so what if I were?” — he could have broadened the knowledge and deepened the spiritual experience of American society by inviting a Muslim — say Imam Yahya Hendi or Imam Hamza Yusuf — to join in public prayer on Inauguration Day.

With blessings of shalom, salaam, peace…

The Rag Blog

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Bernie Madoff : Ponzi Man and the Nonsense of Self-Regulation

Surrounded by members of the media, Bernard Madoff — the man who has taken the Ponzi scheme to new heights — walks down Lexington Ave to his New York City apartment on Dec. 17, 2008. Photo by Don Emmert / AFP / Getty Images.

‘Now comes Madoff. Same self-regulation song, this time taking down charities, synagogues, and sometimes it looks like half the retired people in Florida.’
By Steve Russell / The Rag Blog / December 21, 2008

See ‘Good Regulation Requires Good Regulators’ by Mark Sunshine, Below.

Mark Sunshine posted the following article on Seeking Alpha, a website for investors with no political leanings I can discern. Lots of folks post there with differing views and the readers get to pick what will help them play the markets.

Texans will remember when Governor Bush turned Clean Air Act enforcement in Texas over to self-regulation and we wound up with “ozone days” where we never had them before.

Those who follow politics will see the perverted genius of Richard Nixon, who had the mandate to destroy the Great Society programs but often could not get the votes. His solution, copied by every Republican President since, was to appoint people to the bureaucracy who did not believe it the bureaucratic mission.

I was in Wisconsin when Nixon was elected and a local Repug named Jerris Leonard ran a tough campaign against the liberal Dem Gaylord Nelson. That race gave me many political stories, but this one has a sad ending. One of the controversies that arose in the race was Leonard’s membership in a “white’s only” club.

After Leonard lost the Senate race, President Nixon gave him a plum appointment in the Justice Department: heading the Civil Rights Division!

Christopher Cox, Bush’s Chair of the SEC, has made the world safe for hedge funds in every way available to him. He allowed naked short-selling of stock never owned or borrowed by the seller, enabling hedge funds to drive down stock with bogus short sales and profit from real ones. He repealed the uptick rule, making it easier to drive down stock with a purposeful “bear raid.” These lapses, as much as any real financial weakness, led to the collapse of the big investment banks. Maybe they were doomed, but thanks to the SEC their stock died first.

Now comes Madoff. Same self-regulation song, this time taking down charities, synagogues, and sometimes it looks like half the retired people in Florida.

The international aspect of this debacle is that the exotic securites that are dragging down balance sheets in the European Union were sold on the basis that they were good enough to be publicly marketed in the United States. And everyone knows the U.S. has had the strongest securities regulations in the world ever since the New Deal, right?

Thank you once again, Mr. Bush. You brought us from the strongest securities regulation in the world to showing ourselves literally unable to protect widows and orphans from scam artists.

But you kept your word. You left the market to rule itself and you did not get caught copping blow jobs in the White House. History will judge the results; the voters already have.

‘Good Regulation Requires Good Regulators’
By Mark Sunshine / December 20, 2008

As the SEC comes to grips with the Bernie Madoff scandal, I am reminded of a law school course that I took 25 years ago where I was taught that good regulation requires good regulators. Unfortunately, the SEC has turned into a bad regulator and has lost the respect of the public it is supposed to protect.

The SEC leadership doesn’t understand or acknowledge why the SEC exists or what its role is supposed to be. Missionless and confused, the SEC is currently a lost agency that needs to be refocused and remotivated.

The SEC used to know its mission. On the SEC web-site, it still articulate why it exists when it states that “First and foremost, the SEC is a law enforcement agency.” (bold, italic and underline for emphasis). That means, first and foremost Chris Cox is the “Chief of the SEC Enforcement Police.” Unfortunately, Mr. Cox appears never to have embraced or understood his enforcement responsibilities or the SEC’s role to protect the public.

Instead, the SEC indirectly encouraged scamsters and fraud artists through lax enforcement standards. Crime prevention is the most important role of any law enforcement agency and prevention takes place because potential criminals know that they will be caught and prosecuted by a tough but fair cop.

Instead of being a cop, Chris Cox had a nonsensical theory of law enforcement that primarily relied upon self regulation and enforcement. The invisible hand of capitalism was supposed to ferret out frauds and act as the main barrier to illegal and dishonest behavior. However, real criminals don’t self regulate and enforcement usually means economic intimidation and extortion.

In the Madoff scandal, the SEC’s performance as a law enforcement agency is beyond horrible. I was hoping that Cox’s statement that Madoff “lied” to the staff when he was asked if he stole from investors was a misprint or a bad joke. But it wasn’t. Of course Madoff lied to the staff. But then again, what law enforcement organization takes the word of the person that they are investigating?

I have watched enough Law and Order to know that very few people confess unless they have to, and then it is as a result of vigorous investigations and vigilant prosecutions. And I am pretty sure self regulation and market enforcement never entered into Bernie Madoff’s mind when he stole $50 billion. Madoff confessed because he ran out of money to keep on perpetuating his lies. Until the end, Madoff was trying to keep the Ponzi scheme going and was actively marketing for new investors by promising “special deals” for those that he could rip off.

Cox and his immediate subordinates are responsible for not investigating Madoff. Cox was in charge and clearly didn’t have an internal reporting system to keep track of open investigations, cases and clearance. After all, if he did he would have noticed a $50 billion fraud tip that had credibility and might have asked questions. Instead of taking responsibility for the scandal, Cox threw his staff under the bus and blamed them for the mess. He is an out of touch leader who showed little courage or backbone.

I think that most of the SEC staff are good hard working Americans who don’t like being humiliated in public. If they are like most people they also can’t wait to get rid of Cox and get a real leader.

Fortunately, the SEC won’t have Chris Cox much longer. President Elect Obama is nominating Mary Schapiro to be the new Chairman of the SEC. She is known to be a tough and effective regulator who understands the role of law enforcement. Ms. Schapiro has a big job ahead of her but her reputation suggests she is up to the challenge. Her staff will need strong leadership and rebuilding. Ms. Schapiro is going to be a fixer, leader and good regulator.

After all, good regulation requires good regulators.

Source / Seeking Alpha

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Greenwald: More Reasons to Prosecute the War Criminals and Other Corrupt Politicians

These folks are Irish, but they’re saying it for the rest of us. Photo source.

If criminal penalties are removed, what will deter lawbreaking by political officials?
By Glenn Greenwald / December 20, 2008

The Washington Post‘s Ruth Marcus today perfectly expresses the consensus view of establishment Washington regarding the exemption which political elites should and do enjoy from the rule of law, and, in doing so, she unintentionally highlights — as vividly as possible — the glaring flaw in this mentality. Marcus reviews the life of Mark Felt, the number 2 FBI official under J. Edgar Hoover who died this week. Felt is most famous for having been Bob Woodward’s “Deep Throat” source in the Watergate investigation but, as Marcus details, he was also convicted in a 1980 criminal trial for having ordered illegal, warrantless physical searches of the homes of various friends and relatives of 1960s radicals.

Less than 24 hours after Felt was convicted, he (along with an FBI co-defendant) was pardoned by Ronald Reagan, who justified the pardon by citing Jimmy Carter’s pardon of Vietnam War draft evaders and then saying, in words obviously relevant now to growing demands for prosecution of Bush officials:

We can be no less generous to two men who acted on high principle to bring an end to the terrorism that was threatening our nation. . . .

[The men’s convictions] grew out of their good-faith belief that their actions were necessary to preserve the security interests of our country. The record demonstrates that they acted not with criminal intent, but in the belief that they had grants of authority reaching to the highest levels of government.

Marcus quotes Felt’s Special Prosecutor, John Nields, as angrily protesting Reagan’s pardon, pointing out that central to our form of Government is the proposition that our highest political leaders are constrained by the Constitution and the rule of law — a principle Reagan subverted by protecting these criminals.

Like the good, representative establishment Washingtonian that she is, Marcus announces that — when it comes to the growing controversy over whether Bush officials should be investigated and prosecuted for their crimes — she “find[s herself] more in the camp of Reagan than Nields.” Her reasoning is a perfect distillation of conventional Washington wisdom on this topic:

I understand — I even share — Nields’s anger over the insult to the rule of law. Yet I’m coming to the conclusion that what’s most crucial here is ensuring that these mistakes are not repeated. In the end, that may be more important than punishing those who acted wrongly in pursuit of what they thought was right.

Leave aside Marcus’ revealing description of government crimes as “mistakes.” Even on its own terms, even if one accepts her premise that Bush officials broke the law “in pursuit of what they thought was right,” this argument makes absolutely no sense. In fact, it is as internally contradictory as an idea can be.

Along with the desire for just retribution, one of the two principal reasons we impose penalties for violations of the criminal law is deterrence — to provide an incentive for potential lawbreakers to refrain from breaking our laws, rather than deciding that it is beneficial to do so. Though there is debate about how best to accomplish it and how effective it ultimately is, deterrence of future crimes has been, and remains, a core purpose of the criminal law. That is about as basic as it gets. From Paul Robinson, University of Pennsylvania Law Professor, and John Darley, Psychology Professor at Princeton, in “The Role of Deterrence in the Criminal Law“:

For the past several decades, the deterrence of crime has been a centerpiece of criminal law reform. Law-givers have sought to optimize the control of crime by devising a penalty-setting system that assigns criminal punishments of a magnitude sufficient to deter a thinking individual from committing a crime.

Punishment for lawbreaking is precisely how we try to ensure that crimes “never happen again.” If instead — as Marcus and so many other urge — we hold political leaders harmless when they break the law, if we exempt them from punishment under the criminal law, then what possible reason would they have from refraining from breaking the law in the future? A principal reason for imposing punishment on lawbreakers is exactly what Marcus says she wants to achieve: “ensuring that these mistakes are not repeated.” By telling political leaders that they will not be punished when they break the law, the exact opposite outcome is achieved: ensuring that this conduct will be repeated.

* * * * *

Just contemplate how stupid and irrational everyone would think a person was being if they wrote an article advancing this argument:

Much more important than punishing murderers or getting caught up in protracted disputes about prior murders is the need to prevent murders from occurring in the future. Therefore, we ought to abandon our quest to impose punishments on people who get caught having murdered someone. To expend resources trying to punish murderers is to squander vital resources on the past, to waste energies that could instead be more productively devoted to preventing future murders.

There are too many important challenges we face to waste time bogged down litigating past murders. Let’s allow murderers to go unpunished so that we can move beyond the past and concentrate instead on the more important priority of minimizing the number of murders in the future.

The argument, of course, is self-refuting. If we adopt a policy of not punishing murderers, we will obviously not be preventing future murders. We will be doing the opposite: ensuring and even encouraging a massive increase in murders, since people will know that they are now free to do it with impunity. The prime barrier to most crimes — the main deterrent — is the threat of criminal punishment, of a lengthy prison term. That’s not true of all crimes (the criminal law has had a negligible effect, for instance, on drug usage, and may not deter poverty-motivated crimes), but it’s certainly true of most serious crimes, especially by those with power. If you abolish that punishment, then you inevitably ensure many more crimes in the future, no matter how many noble efforts you devote towards “making sure it never happens again” — whatever that might mean.

The evidence demonstrating that this is an exact analogy to what Marcus is advocating, an exact analogy to what we’ve generally been doing with political leaders and are doing now, is equally self-evident. A central observation in Marcus’ column is that the controversies that have now arisen over Bush lawbreaking in the areas of interrogation and surveillance are not new. As she points out, these are the very same controversies that we’ve been confronting for decades.

That’s exactly right. The same controversies over government lawbreaking arise over and over. And why is that? Because our political leaders keep breaking the law — chronically and deliberately. And why do they keep doing that? Because there is no deterrent against it. Every time they get caught breaking the law, the Ronald Reagans and Ruth Marcuses of the world step in to insist that they should not be punished, that the criminal law is not for elite leaders in political office, that those involved in the noble function of ruling America are too intrinsically well-intentioned to warrant punishment even when they commit crimes, that it’s more important to look forward than back.

Every time we immunize political leaders from the consequences of their crimes, it’s manipulatively justified in the name of “ensuring that it never happens again.” And every time, we do exactly the opposite: we make sure it will happen again. And it does: Richard Nixon is pardoned. J. Edgar Hoover’s lawbreakers are protected. The Iran-contra criminals are set free and put back into government. Lewis Libby is spared having to serve even a single day in prison despite multiple felony convictions. And now it’s time to immunize even those who tortured detainees and spied on Americans in violation of numerous treaties, domestic laws, and the most basic precepts of civilized Western justice.

* * * * *

If someone wants to argue that America is too good and our Washington elite too important to allow our powerful political leaders to be subjected to the indignity of a criminal proceeding, let alone prison, they should argue that. As warped as that idea is, at least it’s candid and coherent. It’s the actual animating principle driving most of this.

But this claim that we have to immunize political leaders from the consequences of their lawbreaking in order to — as Marcus wrote — “ensure that these mistakes are not repeated” is manipulative and Orwellian in the extreme. It’s contradictory on its face. It’s just a Beltway buzzphrase, a platitude, completely devoid of specific meaning and designed to do nothing but obfuscate what is really going on.

Whenever you hear that claim being made — that what matters is not punishment, but ensuring that it never happens again — notice that none of the Serious guardians who advocate it ever, ever answer or even acknowledge this question: other than punishing people for breaking the law, how is it even theoretically possible to ensure it doesn’t happen again in the future? We already have unambiguous laws in place with substantial penalties for violations. We already impose disclosure obligations, and substantial oversight duties on the Congress and courts.

All of these laws and safeguards were blithely disregarded and violated. Other than making sure that leaders know they will be punished — like all Americans are — when they break the law, how and why does anyone imagine that we can ensure this “never happens again,” especially as we simultaneously affirm — yet again — that political leaders will be exempted from the rule of law if they do it? What’s the answer to that?

UPDATE: The opening address of Robert Jackson at the Nuremberg Trials is undoubtedly one of the most important speeches of the last century. It established the basic precepts of Western Justice. War crimes, Jackson observed, are such that “civilization cannot tolerate their being ignored, because it cannot survive their being repeated.” And, contrary to the blatantly self-contradictory claims from today’s Washington elite, he pointed out that the only way to ensure they don’t happen again is through real accountability and punishment:

The common sense of mankind demands that law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power . . . .

It’s irrelevant whether crimes rise to that same level or are of the same magnitude. These were principles of justice that were supposed to endure and govern how we conducted ourselves generally, beyond that specific case. In fact, Justice Louis Brandeis, 20 years earlier, observed that it’s probably more important — not less — to enforce the rule of law when government leaders commit crimes than when ordinary Americans commit them:

In a government of law, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy.

We haven’t just forgotten these principles. We’re deliberately — consciously — choosing to renounce them.

UPDATE II: At Talk Left, Armando points out one other towering, destructive flaw in Marcus’ “logic” — logic which, I want to re-iterate, is worth examining only because it’s the predominant mentality in the Washington establishment. As Armando writes:

[Marcus] claims her ambivalence stems from “How much can and should government infringe on personal privacy and individual liberties in the name of guarding against risks to public safety? What should be the role of criminal law when government officials overstep permissible bounds in the name of national security?”

The answers to these questions are so obvious that it strikes me again that Ms. Marcus is providing us the question ‘is she an idiot or a malevolent dissembler?’ Those questions are answered by the laws we make. This is called democracy Ms. Marcus. The permitted level of government infringement on liberty is that which our laws and Constitution allow. No more. If we wish to give away our freedoms, we do it by lawful means. To grant the Executive Branch the power to determine which laws to follow is precisely what the Founders fought against.

Why does that even need to be pointed out? We already weighed the competing considerations between freedom and security and then enacted laws which authorized certain behaviors and criminalized others. If that balance should be altered, the solution — in a society that lives under the rule of law — is for the laws to be changed democratically, not for political leaders to decide at will and in secret that they will break those laws and then argue after the fact that the laws they broke were bad ones. Political leaders aren’t vested with lawbreaking power. To the contrary, the Constitution explicitly requires that they “faithfully execute” those laws, not violate them at will.

Isn’t this all so painfully basic? When the predominant Beltway argument is stripped of euphemisms, it amounts to nothing less than the claim that our political leaders should be — and are — free to break our laws. And that’s the system we’ve adopted. It’s why Dick Cheney feels free to smugly admit in public that he authorized these war crimes. He knows that the Ruth Marcuses of the world will intervene to defend him. Still, it’s one thing to argue that American political leaders should have the power to commit crimes. It’s another thing entirely to advance the insultingly deceitful and Orwellian claim that doing so is necessary so we can focus on preventing similar lawbreaking in the future.

UPDATE III: This Kos diarist makes a good case that the most effective way Obama could ensure meaningful investigations and prosecutions is to appoint someone like Patrick Fitzgerald — or, even better, Fitzgerald himself — to the role of Special Prosecutor, and vest him with all the power he needs to undertake a real investigation, wherever it might lead. That’s the same recommendation I made several times with Bill Moyers last week, in this clip.

That option has the advantage of insulating Obama from responsibility for overseeing any investigations and ensuring that it is treated purely as a criminal, not a political, matter. As a practical reality, the largest barrier to any route to prosecution — including this one — is that the Congressional Democratic leadership was complicit, to varying degrees, in the illegal programs. But of all the various ways investigations could be pursued, the appointment of a fearless prosecutor with a proven record of independence (and who is a Republican to boot) would be the most effective.

Source / Salon.com

Thanks to David Hamilton / The Rag Blog

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A Legal Opinion About Bush and Cheney’s Culpability for War Crimes


Cheney Throws Down Gauntlet, Defies Prosecution for War Crimes
By Marjorie Cohn / December 19, 2008

Dick Cheney has publicly confessed to ordering war crimes. Asked about waterboarding in an ABC News interview, Cheney replied, “I was aware of the program, certainly, and involved in helping get the process cleared.” He also said he still believes waterboarding was an appropriate method to use on terrorism suspects. CIA Director Michael Hayden confirmed that the agency waterboarded three Al Qaeda suspects in 2002 and 2003.

U.S. courts have long held that waterboarding, where water is poured into someone’s nose and mouth until he nearly drowns, constitutes torture. Our federal War Crimes Act defines torture as a war crime punishable by life imprisonment or even the death penalty if the victim dies.

Under the doctrine of command responsibility, enshrined in U.S. law, commanders all the way up the chain of command to the commander-in-chief can be held 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.

Why is Cheney so sanguine about admitting he is a war criminal? Because he’s confident that either President Bush will preemptively pardon him or President-elect Obama won’t prosecute him.

Both of those courses of action would be illegal. [emphasis added]

First, a president cannot immunize himself or his subordinates for committing crimes that he himself authorized. On February 7, 2002, Bush signed a memo erroneously stating that the Geneva Conventions, which require humane treatment, did not apply to Al Qaeda and the Taliban. But the Supreme Court made clear that Geneva protects all prisoners. Bush also admitted that he approved of high level meetings where waterboarding was authorized by Cheney, Condoleezza Rice, John Ashcroft, Colin Powell, Donald Rumsfeld and George Tenet.

Attorney General Michael Mukasey says there’s no need for Bush to issue blanket pardons since there is no evidence that anyone developed the policies “for any reason other than to protect the security in the country and in the belief that he or she was doing something lawful.” But noble motives are not defenses to the commission of crimes.

Lt. Gen. Antonio Taguba, who investigated the Abu Ghraib scandal, said, “There is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”

Second, the Constitution requires President Obama to faithfully execute the laws. That means prosecuting lawbreakers. When the United States ratified the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, thereby making them part of U.S. law, we agreed to prosecute those who violate their prohibitions.

The bipartisan December 11 report of the Senate Armed Services Committee concluded that “senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.”

Lawyers who wrote the memos that purported to immunize government officials from war crimes liability include John Yoo, Jay Bybee, William Haynes, David Addington and Alberto Gonzales. There is precedent in our law for holding lawyers criminally liable for participating in a common plan to violate the law.

Committee chairman Senator Carl Levin told Rachel Maddow that you cannot legalize what’s illegal by having a lawyer write an opinion.

The committee’s report also found that “Rumsfeld’s authorization of aggressive interrogation techniques for use at Guantánamo Bay was a direct cause of detainee abuse there.” Those techniques migrated to Iraq and Afghanistan, where prisoners in U.S. custody were also tortured.

Pardons or failures to prosecute the officials who planned and authorized torture would also be immoral. Former Navy General Counsel Alberto Mora testified to the Senate Armed Services Committee in June 2008 that “there are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq – as judged by their effectiveness in recruiting insurgent fighters into combat – are, respectively the symbols of Abu Ghraib and Guantánamo.”

During the campaign, Obama promised to promptly review actions by Bush officials to determine whether “genuine crimes” were committed. He said, “If crimes have been committed, they should be investigated,” but “I would not want my first term consumed by what was perceived on the part of the Republicans as a partisan witch hunt, because I think we’ve got too many problems we’ve got to solve.”

Two Obama advisors told the Associated Press that “there’s little-if any – chance that the incoming president’s Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.”

When he takes office, Obama should order his new attorney general to appoint an independent prosecutor to investigate and prosecute those who ordered and authorized the commission of war crimes.

Obama has promised to bring real change. This must be legal and moral change, where those at the highest levels of government are held accountable for their heinous crimes. The new president should move swiftly to set an important precedent that you can’t authorize war crimes and get away with it.

[Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), which will be published this winter by PoliPointPress. Her articles are archived at www.marjoriecohn.com. (The views expressed in this article are solely those of the writer; she is not acting on behalf of the National Lawyers Guild or Thomas Jefferson School of Law.)]

Source / Common Dreams

Thanks to David Hamilton / The Rag Blog

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UN Resolution 242: Sowing the Seeds of Future Catastrophe in 1967

A senior Palestinian holds an old key as he marches during a rally marking the Al-Nakba (Catastrophe) Day in Gaza City.

Robert Fisk’s World: One missing word sowed the seeds of catastrophe
By Robert Fisk / December 20, 2008

No one in 1967 thought the Arab-Israeli conflict would still be in progress 41 years later

A nit-picker this week. And given the fact that we’re all remembering human rights, the Palestinians come to mind since they have precious few of them, and the Israelis because they have the luxury of a lot of them.

And Lord Blair, since he’ll be communing with God next week, might also reflect that he still – to his shame – hasn’t visited Gaza. But the nit-picking has got to be our old friend United Nations Security Council Resolution 242. This, you’ll recall, was supposed to be the resolution that would guide all future peace efforts in the Middle East; Oslo was supposed to have been founded on it and all sorts of other processes and summits and road maps.

It was passed in November 1967, after Israel had occupied Gaza, the West Bank, East Jerusalem, the Sinai and Golan, and it emphasises “the inadmissibility of the acquisition of territory by war” and calls for “withdrawal of Israeli armed forces from territories occupied in the recent conflict”.

Readers who know the problem here will be joined by those who will immediately pick it up. The Israelis say that they are not required to withdraw from all the territories – because the word “all” is missing and since the definite article “the” is missing before the word “territories”, its up to Israel to decide which bits of the occupied territories it gives up and which bits it keeps.

Hence Israel can say it gave up Sinai in accordance with 242 but is going to keep East Jerusalem and much of the West Bank for its settlers. Golan depends on negotiations with Syria. And Gaza? Well, 242 doesn’t say anything about imprisoning one and a half million civilians because they voted for the wrong people. No one in 1967 dreamed that the Israeli-Arab conflict would still be in ferocious progress 41 years later. And as an Independent reader pointed out a couple of years ago, the Security Council clearly never intended the absence of a definite article to give Israel an excuse to stay in the West Bank. Alas, our reader was wrong.

I’ve been going back through my files on 242 and discovered a most elucidating paper by John McHugo, who was a visiting fellow at the Scottish Centre for International Law at Edinburgh University. He points out that pro-Israeli lawyers have been saying for some years that “Resolution 242 unanimously called for withdrawal from ‘territories’ rather than withdrawal from ‘all the territories’. Its choice of words was deliberate… they signify that withdrawal if required from some but not all the territories”.

McHugo is, so far as I know, the only man to re-examine the actual UN debates on 242 and they make very unhappy reading. The French and Spanish versions of the text actually use the definite article. But the Brits – apparently following a bit of strong-arm tactics from the Americans – did not use “the”. Lord Caradon, our man at the UN, insisted on putting in the phrase about the “inadmissability of the acquisition of territory by war” in order to stop the Israelis claiming that they could cherry-pick which lands to return and which to hand on to. Britain accepted Jordan’s rule over the West Back – the PLO were still shunned as super-terrorists at the time – but it did no good. Abba Eban, Israel’s man on the East River, did his best to persuade Caradon to delete both “the” and the bit about the inadmissability of territory through war. He won the first battle, but not the second.

That great American statesman George Ball was to recount how, when the Arabs negotiated over 242 in early November of 1967 – at the Waldorf Astoria (these guys knew how to pick the swankiest hotels for political betrayal) – the US ambassador to the UN, Arthur Goldberg, told King Hussein that America “could not guarantee that everything would be returned by Israel”. The Arabs distrusted Goldberg because he was known to be pro-Zionist, but Hussein was much comforted when US Secretary of State Dean Rusk assured him in Washington that the US “did not approve of Israeli retention of the West Bank”. Hussein was further encouraged when he met President Johnson who told him that Israeli withdrawal might take place in “six months”. Goldberg further boosted his confidence. “Don’t worry. They’re on board,” he said of the Israelis. Ho ho.

It’s intriguing to note that several other nations at the UN were troubled by the absence of “the”. The Indian delegate, for example, pointed out that the resolution referred to “all the territories – I repeat all the territories – occupied by Israel…” while the Soviet Union (which knew all about occupying other people’s countries) stated that “we understand the decision to mean the withdrawal of Israeli forces from all, and we repeat, all territories belonging to Arab states and seized by Israel…”. President Johnson rebuffed the Soviets and bluntly refused to put the word “all” in the resolution. Bulgaria, not surprisingly, said much the same as the Soviets. Brazil expressed reservations – rightly so – about “the clarity of the wording”. The Argentinians “would have preferred a clearer text”. In other words, the future tragedy was spotted at the time. But we did nothing. The Americans had stitched it up and the Brits went along with it. The Arabs were not happy but foolishly – and typically – relied on Caradon’s assurances that “all” the territories was what 242 meant, even if it didn’t say so. Israel still fought hard to get rid of the “inadmissability” bit, even when it had got “the” out.

Ye gods! Talk about sewing the seeds of future catastrophe. Well, Colin Powell, when he was George W Bush’s secretary of state, gutlessly told US diplomats to call the West Bank “disputed” rather than “occupied” – which suited the Israelis just fine although, as McHugo pointed out, the Israelis might like to consider what would happen if the Arabs talked about those bits of Israel which were not included in the original UN partition plan as “disputed” as well. Besides, George W’s infamous letter to Ariel Sharon, saying he could, in effect, keep large bits of the West Bank, set the seal on Johnson’s deception.

McHugo mischievously adds that a mandatory warning in a city that says “dogs must be kept on the lead near ponds in the park” clearly means that “all” dogs and “all” ponds are intended. These days, of course, we use walls to keep dogs out. Palestinians, too.

Source / The Independent

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Juan Cole’s Take on Rick Warren


Rick Warren: “I love Muslims . . . I happen to love Gays and Straights”
By Juan Cole / December 21, 2008

I was in Long Beach, California on Saturday for the annual conference of the Muslim Public Affairs Council, where Pastor Rick Warren and I were both headliners.

Also appearing on the stage Saturday evening were Melissa Etheridge and Salman Ahmad, singing Ring the Bells.

Before I go further, I just want to praise MPAC as the most wonderful people. This is the American Muslim community at its best– socially and spiritually active, deeply interested in civil rights, and insisting on reclaiming their religion from extremists. Many of them are religious and social liberals who dislike fundamentalism. Anyone looking for a worthy charity to donate to in this season of giving should seriously consider MPAC. It is an American organization and only accepts money from Americans, and Homeland Security presented there, so it has all the bona fides.

Back to the conference. There are two stories here of wider interest. One is Rick Warren addressing a Muslim audience. The other is his being at the same event with Etheridge, who is gay.

Warren will read the invocation at President-Elect Barack Obama’s inauguration, a choice that angered the gay community. Warren supported Proposition 8, which banned gay marriage (and forcibly divorced or ‘de-married’ 18,000 gay couples already married in California). Warren also has compared legalizing gay marriage to legalizing incest, pedophilia and polygamy.

I was told that Warren’s friends among the MPAC Muslim community had urged him to call Melissa Etheridge Friday night in the run-up to their being (serially) on the same stage Saturday night, and that he did so and they talked for half an hour. During his address, Warren mentioned also seeing Etheridge backstage on Saturday.

Local television in Los Angeles showed a short clip of Etheridge after the event asking gay leaders to reach out to Warren, just as they wanted him to reach out to them.

This stance was big of her, since she and her partner had planned to marry but were prevented from doing so by the same Proposition 8 that Warren worked for, and she was so upset she suggested she would refuse to pay California taxes since she is obviously not considered a full citizen by her fellow Californians.

Warren took the stage, friendly and ebullient, and implicitly complained about the bad press he has gotten since Obama announced he would read the invocation. He said that the media likes conflict, and where there is harmony there is nothing for them to report. When there is no conflict, he said, the media will create one.

Warren said, “Let me just get this over very quickly. I love Muslims. And for the media’s purpose, I happen to love gays and straights.”

He explicitly mentioned meeting Etheridge, and explained that he has been a long time fan of hers, beginning with her self-titled first album of 1988. “I’m enough of a groupie,” he said, “that I got her autograph on the Christmas album.”

Warren also talked about the increasing rudeness and rancor of public life in the United States, and urged greater civility and willingness to work with people across the spectrum of opinion. He said, “We can disagree without being disagreeable.” He also made a point of saying that al-Qaeda is no more representative of Islam than the KKK is of Christianity. Contrast that to the sorts of things Mike Huckabee or Rudi Giuliani said during the presidential campaign.

But just a gentle reminder to Warren that saying for Melissa Etheridge to be married to Tammy Lynn Michaels is equivalent to pedophilia or incest is not actually very civil or nice or humane. [emphasis added]

Since I knew both of us would be at MPAC, I bought Warren’s book, “The Purpose-Driven Life,” and read it on the plane. I was a religion major, so I’ve read a lot of theology in various religions. It is mostly just standard evangelical talking points.

Warren’s book does have some strengths. I was struck that Warren’s section early in the book on the notion of “surrender” to God is the best explication I have seen in English of what Muslims mean by Islam. Since he was talking about Christianity, these passages are an unwitting argument for the unity of religions.

So imagine my surprise when I heard Warren talk at MPAC and found that he is a genuine, likeable man. And more than likeable, he seems admirable. A lot of pastors would tell the story of building their congregations and saving souls as the pinnacle of their lives. For Warren, that was only the beginning. He and his wife had an epiphany six years ago when she read an article about there being 12 million children in Africa who had been orphaned by AIDS. They started going to southern Africa, and Warren became devoted to helping those orphans.

But then he began thinking bigger. He has identified 5 major problems he wants to address: Spiritual emptiness, corrupt leadership, disease pandemics, dire poverty, and illiteracy. He wants to do job creation and job training. He wants to wipe out malaria in the areas where it is still active. He is convinced that religious congregations are the only set of organizations on earth that can successfully combat these ills. And he is entirely willing actively and directly to cooperate with mosques to get the job done.

Warren, in short, is a representative of the turn of some evangelicals to a social gospel. Since evangelicalism is a global movement and very interested in mission, his social gospel not surprisingly becomes a global social gospel. He is active in South Africa, Rwanda and more recently Uganda.

In opinion polls, evangelicals are by far the most bigoted Americans versus Muslims. But that sentiment derives from theological competition (and competition for souls). Once a pastor turns, as Warren did, to a social gospel, then he has social goals to accomplish, and he needs all the help he can get. A social gospel creates a field of practical ecumenism.

Warren’s sincere friendship with MPAC founding father, Maher Hathout, was obvious from their body language.

So you begin to see why Obama is reaching out to this man. (In fact, Warren reached out to Obama 3 years ago and had him to his Saddleback Church despite it being a Republican bastion, and says he took heat from his congregants for that step). If Warren is the future of the American evangelical movement, then many more evangelicals might end up Democrats, since it is Democrats who care about poor people, illiteracy, and AIDS victims. And if any significant proportion of evangelicals can be turned into consistent Democrats, the party would more regularly win elections in some parts of the country and even nationally.

Moreover, Warren’s work to improve the lives of Africans probably means something to Obama.

I came away liking and looking up to Warren. In fact, I wonder whether with some work he could not be gotten to back off some of the hurtful things he has said about gays and rethink his support for Proposition 8.

Maybe Melissa Etheridge, who is otherwise very angry about Prop 8, saw the same thing in him.

So, then on to Melissa Etheridge. Here is the song that Melissa and Salman sang:

Ring The Bells – Melissa Etheridge and Salman Ahmad

They were introduced by a video of Deepak Chopra talking about their Bells for Peace campaign:

Join Melissa Etheridge, Salman Ahmad, Deepak Chopra in an experience that will reach the world through critical mass. On December 21 at noon, where ever you are: at work, home, or school. Get outside, meditate, intention, pray or wish silently for one minute, and then ring a bell for peace for one minute.

Etheridge said in her remarks before they sang that she started hanging out with Salman about a year ago, and that he had introduced her to Sufism, which accorded with her own spiritual path. They met at the Nobel Peace Prize dinner in December of 2007, and she then invited him to come stay with her in Los Angeles.

I’ve also been a fan of Melissa Etheridge since 1988, and her encounter with Sufi rock is a twist that fascinates me.

So that was my day in Long Beach. It was an eclectic day. It struck me that it was a very American day, and a good day for America.

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