Archive for category torture
When Barack Obama announced in early 2010 that he had put Anwar al-Awlaki on his hit list, I heard from people for whom the announcement was a breaking point in their support for the president.
World Can’t Wait published a statement titled Crimes Are Crimes, No Matter Who Does Them. It said
In some respects, this is worse than Bush. First, because Obama has claimed the right to assassinate American citizens whom he suspects of “terrorism,” merely on the grounds of his own suspicion or that of the CIA, something Bush never claimed publicly.
The ad got significant support in The New York Review of Books, and Rolling Stone. It was much more controversial when it went into The New York Times, on the anniversary of Bush’s bombing and occupation of Afghanistan, October 6, 2010. That paper, so far, has not published its opinion on the Obama administration’s killing of al-Awlaki and another American, on September 30, in an secret operation in Yemen, so we may assume it joins in supporting this crime by our government.
On October 2, they published an opinion by Jack Goldsmith, who you’ll remember as a lawyer for the Bush regime tainted by the torture scandal. Titled A Just Act of War, Goldsmith’s piece praises Obama’s aggression, because the Office of Legal Counsel came up with opinions justifying the killing by unmanned drone of al-Awlaki and another American citizen. For Goldsmith “what due process requires depends on context,” so it’s all good.
The assassination is hypocritical because America routinely criticizes (and justifiably so) such extrajudicial assassinations when they occur at the hands of another government.
The Bush-loving Washington Times, in a piece by Rowan Scarborough, whines that Al-Awlaki would have been difficult to try as a civilian. So just kill him.
“I think it’s pretty easy to understand why they didn’t take him alive. Would you want to deal with the hassle of trying to put him on trial, an American citizen that has gotten so much press for being the target of a CIA kill order? That would be a nightmare. The ACLU would be crawling all over the Justice Department for due process in an American court,” said a former military intelligence officer who worked with special operations troops to hunt down high-value terrorism targets.
Over at the more “liberal” Washington Post, John Bellinger III settles for the administrations’ self-enforcing opinion:
the Justice Department reportedly prepared an opinion concluding that his killing would comply with domestic and international law. This is likely to be considered sufficient due process under U.S. constitutional standards.
Leaving aside this monstrous immorality — no government should be allowed to kill with impunity, much less from a distance, in secret, off a battlefield — there may be a price the U.S. pays for such actions. Even Jack Goldsmith acknowledges
Such caution, however, does not guarantee legitimacy at home or abroad. There are relatively few complaints in American society about the drone program, but drones are becoming increasingly controversial outside the United States on the ground that they violate international law.
The best piece on what line has been crossed here is Glenn Greenwald’s Friday piece in Salon. See The due-process-free assassination of U.S. citizens is now reality. Today, he says
This was absolutely the heart and soul of the Bush War on Terror: the President can do whatever he wants to anyone he wants — with no oversight, due process, or checks — because we’re at War and these are Bad Terrorists (says the President, unilaterally and in secret).
Don’t want a world like this? Protest on October 6, 7, 8, and keep at it. Ten years is way too long for the richest country to be destroying one of the poorest on the planet, Afghanistan.
October2011.org at Freedom Plaza. I’ll be there. Join us!
In the summer of 2005, people were starting to come out of their 6 month long depression over the outcome of the 2004 election. It was somewhat of a struggle to get people to stop blaming Bush voters, and grasp and grapple with the depravity of the Bush program, and the fact that two aggressive wars had been launched on the basis of lies.
Some of us already working to end the wars, torture, and in many other causes wrangled with the problem that, “fighting against each outrage and winning on important fronts — from immigrants rights to defending the right to due process, to defending abortion, evolution, against discrimination or to defend critical thinking on campus — is invaluable to making real change in a world that desperately needs it. But we are fighting each and every one of these battles on losing ground – ground that is rapidly disappearing under our feet.”
The future is unwritten…
A better outcome for the world required a mass movement of people united in acting to drive George Bush, “Dick” Cheney, and their illegitimate regime from office, and repudiating and reversing the program which had become to be identified with them, especially after 9/11/01. That movement needed to act independently and stop looking for a savior from the Democratic Party. It needed a spirit, call, and direction, which World Can’t Wait supplied in the Call to Drive Out the Bush Regime.
The Call was quickly distributed hand to hand in about a million copies nationwide starting that summer, and published in several full page newspaper ads in The New York Times, many local papers, and USA Today, with 40,000 people ultimately signing it. While it aggravated some, the points outlined in it captured what was coming down from the heights of power in a belligerent way, and moved many to act:
YOUR GOVERNMENT, on the basis of outrageous lies, is waging a murderous and utterly illegitimate war in Iraq, with other countries in their sights.
YOUR GOVERNMENT is openly torturing people, and justifying it.
YOUR GOVERNMENT puts people in jail on the merest suspicion, refusing them lawyers, and either holding them indefinitely or deporting them in the dead of night.
YOUR GOVERNMENT is moving each day closer to a theocracy, where a narrow and hateful brand of Christian fundamentalism will rule.
YOUR GOVERNMENT suppresses the science that doesn’t fit its religious, political and economic agenda, forcing present and future generations to pay a terrible price.
YOUR GOVERNMENT is moving to deny women here, and all over the world, the right to birth control and abortion.
YOUR GOVERNMENT enforces a culture of greed, bigotry, intolerance and ignorance.
Over Labor Day weekend in 2005, as the waters of Katrina were covering New Orleans, 250 people gathered in New York City to found The World Can’t Wait – Drive Out the Bush Regime. Sunsara Taylor and I chaired the discussions. We took time out to march, with about 150 more joining us, around midtown, demanding, “rescue, not repression!” for New Orleans, which set a basic approach of immediate response to government action – or inaction.
Don’t Go to Work! Walk Out of School!
It was a bold call, and thousands followed it. On Thursday, November 2, 2005, on the year-anniversary of Bush’s re-election, tens of thousands marched around the U.S., inaugurating the effort to drive out Bush and Cheney, and reverse and repudiate the Bush program. Older people heeded a message from Gore Vidal to:
“join together in a popular movement dedicated to ending pre-emptive wars and restoring the nation to its traditional tax base which repaired levees, educated the citizenry and at regular intervals repaired the wall that Thomas Jefferson wisely put in place to separate church from state.”
Howard Zinn issued a call to students. High school students at more than 200 schools across the country left school and walked out, sometimes for miles, to join organized political protest in unprecedented ways. Protests took place in more than 60 cities, and involved at least 40 college campuses, in addition to the high schools. The outpourings of people all over the country had many faces. Local office holders came out and spoke at New York, Chicago and San Francisco rallies with mothers of soldiers who died in Iraq. Prominent public intellectuals and Hollywood celebrities gave their support to this effort to actually drive out the Bush regime.
In San Francisco, Latino day laborers joined with thousands at the Civic Center as Cindy Sheehan, California State Senator Carol Midgden, and others spoke from the stage. Statements of support came from artists and figures such as Jane Fonda, Harold Pinter and Gore Vidal, who signed on to the Call to Drive Out the Bush Regime.
In the dead of winter, as 2006 broke, and Bush gave his State of the Union address, people gathered in 68 cities to “drown out” the lies with street protests – then traveled to Washington, DC to protest in cold rain February 4, 2006, demanding Bush step down. The Bush Crimes Commission held hearings with testimony from people like former Brigadier General Janis Karpinsky and former UK ambassador Craig Murray on the crimes that the Bush regime was actively carrying out. In October of 2006 more than 200 cities across the country held mass protests of thousands. With heart and courage, thousands of us came together to make a powerful and precious political statement against a truly dangerous and repressive government. More on driving out a regime.
Next week: stopping torture as a key expression of the Bush program – spreading a culture of resistance through the Declare It Now: Wear Orange campaign and wearing orange jumpsuits.
The world still can’t wait for people in this country to take responsibility and STOP the crimes of your government. World Can’t Wait, and its projects War Criminals Watch, Fire John Yoo, and We Are Not Your Soldiers, deserve and need your support. Become a sustaining supporter here.
On Tuesday January 25, at the same moment Congress gathered for the State of the Union address from Barack Obama, almost a hundred people gathered to discuss “Torture, Guantanamo and Accountability” at DePaul University Law School in Chicago. It’s been difficult over the last 2+ years to fill a room for such a discussion, so we were heartened by the participation of 40 law students and attorneys. Dr. M. Cherif Bassiouni, a distinguished research professor emeritus at the law school, and founder of the International Human Rights Law Institute; and Candace Gorman, who represents two men imprisoned at Guantanamo, spoke with me on the panel.
Dr. Bassiouni described the “chasm” between the promises made by Obama while campaigning and the actions of Obama as president, regarding the rule of law as represented by the United States. Candace told the story of one of her clients, still in Guantanamo. He is apparently one of the 48 who will be detained indefinitely, bringing some of the students to tears of frustration. We’ll have more on the program soon. Listen to Dr. Bassiouni and Ms. Gorman in an excellent hour-long discussion on Chicago public radio WBEZ.
Our colleague Andy Worthington, about to tour Poland with former Guantanamo prisoner Moazzam Begg, took the time to describe the Obama’s administration’s plans for those imprisoned at Guantanamo in Obama’s Collapse: The Return of the Military Commissions:
This year the President’s bitter surprise for the prisoners (which has encouraged a widespread peaceful protest at the prison, as reported here) was two-fold. The first was his failure to veto a military spending bill passed by Congress, which contained cynical and unconstitutional provisions preventing the transfer of any prisoner to the US mainland, in which lawmakers also demanded the power to prevent the release of prisoners to countries regarded as dangerous…
The second bitter surprise for the prisoners was the announcement last week, first mentioned by the New York Times, that, although federal court trials have effectively been suspended, specifically derailing the administration’s stated intention to prosecute Khalid Sheikh Mohammed and four other men accused of involvement in the 9/11 attacks in federal court, the administration is preparing to push ahead instead with trials by Military Commission for at least some of the 33 men recommended for trials by Obama’s Task Force.
No, none of those plans were part of the State of the Union address. Those of you listening for “real change” in Obama’s direction on the wars Tuesday night were disappointed. Rocky Anderson, former mayor of Salt Lake City, and an opponent of torture, spoke on Democracy Now January 26 about the speech:
He didn’t mention human rights at a time when he has assassination lists for the first time in our nation’s history, that include U.S. citizens. No due process—we don’t just have indefinite detention anymore; we just go out, put their name on a list, and kill them. The invocation of state secrets, it’s absolutely obliterated any notion of checks and balances. Our courts have been removed from that equation, by and large, when it comes to torture, when it comes to warrantless wiretapping by our government. No discussion about that, of course. And we’re seeing, really, an institutionalization by this president of some of the worst abuses and what we, a lot of us, thought were just aberrations during the Bush years.
I’d like to note what Obama did say:
…because we’ve begun this work, tonight we can say that American leadership has been renewed and America’s standing has been restored. Look to Iraq, where nearly 100,000 of our brave men and women have left with their heads held high. (Applause.) American combat patrols have ended, violence is down, and a new government has been formed. This year, our civilians will forge a lasting partnership with the Iraqi people, while we finish the job of bringing our troops out of Iraq. America’s commitment has been kept. The Iraq war is coming to an end. (Applause.)
…We’ve also taken the fight to al Qaeda and their allies abroad. In Afghanistan, our troops have taken Taliban strongholds and trained Afghan security forces. Our purpose is clear: By preventing the Taliban from reestablishing a stranglehold over the Afghan people, we will deny al Qaeda the safe haven that served as a launching pad for 9/11.
Thanks to our heroic troops and civilians, fewer Afghans are under the control of the insurgency. There will be tough fighting ahead, and the Afghan government will need to deliver better governance. But we are strengthening the capacity of the Afghan people and building an enduring partnership with them. This year, we will work with nearly 50 countries to begin a transition to an Afghan lead. And this July, we will begin to bring our troops home. (Applause.)
Last I heard, the Defense Department is balking at even a 2014 pull out date of Afghanistan. The unjust, immoral, illegitimate occupations continue, and with them, the “war on terror” against civilians across the region. It’s up to us to bring out that reality to people.
I saw John Boehner pinch up his face when Obama obliquely mentioned the repeal of “Don’t Ask, Don’t Tell.” As much as the reactionaries howled against letting gays be out in the military, I have to say that any gay person who actually decides now to enlist has lost their mind. Just because one can now serve openly does not mean the whole enterprise of occupying countries and killing civilians should involve you! I say, “don’t ask, don’t tell….no — DON’T GO!” It’s a bad thing, as several professors have written me, that because DODT is being repealed, colleges are now planning to open the doors once again to military recruiters.
I’ll see you in Washington D.C. on March 17-19 as we step up the visible protest on the anniversary of the Iraq war.
Over an intense week protesting the beginning of the 10th year of the U.S. prison at Guantanamo, I continued to learn more. The situation for the 173 men there is changing, though not towards a just resolution.
After nine years, it got through to me that use of the word “detainees” indicates something impermanent, as if one is “detained” doing an errand. The men have been imprisoned; they are prisoners. So we shall call them prisoners and released prisoners.
Many thanks to Andy Worthington for coming to the U.S. last week, speaking and talking with all us involved in trying to end the U.S. regime of indefinite detention, based on torture begun by the Bush regime. His attention to the cases of 774 men, and grasp of the prison’s history is remarkable. You can see and support his work here.
Protests last week centered on the demand that Guantanamo be closed, with justice. A statement still circulating to that effect is here. Groups in other cities, and 100 fasters around the country, continue to speak out. World Can’t Wait in Chicago is sponsoring an event January 25 at DePaul University with Dr. M. Cherif Bassiouni, attorney Candace Gorman, and myself.
Thanks to Witness Against Torture, leading an ongoing fast for justice through January 22, two years from the day Barack Obama promised to close Guantanamo. Thanks to the attorneys who have defended the prisoners, too numerous to name here, and who shared their sense of outrage with us. And to the Center for Constitutional Rights and Amnesty International for a dramatic and intense protest Tuesday January 11 in front of the White House, and later at the Department of Justice.
The voices of the former prisoners — who of course could not be with us at the protest, as they are still considered “enemy combatants” though they were never charged — came through. Omar Deghayes, who speaks so movingly in the film Outside the Law: Stories from Guantanamo, sent a message read in front of the White House by Kathy Kelly:
…This past December 19th just marked three years to the day that I tasted freedom again and was released from Guantánamo to the warm embrace of my family and the community who fought so hard for my freedom. But not a day has passed since in which my thoughts and prayers have not remained with the 173 men who continue to languish in Guantánamo, detained without trial, most of them not facing any charge, and entering their tenth year of being separated from their loved ones. 90 of these men have actually been cleared for release long ago…
Andy Worthington explained to the hundreds of people standing in the street before the White House, what’s happened to the 173 men left. In a piece that summarize the pace of closure, Guantánamo Forever? makes the case that the Obama administration, as indicated back in May 2009, is making indefinite detention a permanent feature:
…it is reasonable to propose that Guantánamo is now a permanent institution for a variety of reasons. The first concerns a number of cynical moves by lawmakers in recent months, inserting provisions into a military spending bill that are explicitly designed to keep Guantánamo open — a ban on using funds to transfer Guantánamo prisoners to the U.S. mainland to face trials, a ban on using funds to buy or build a prison on the U.S. mainland to hold Guantánamo prisoners, and a ban on the release of any prisoner cleared for release by the President’s interagency Guantánamo Review Task Force (composed of representatives of government departments and the intelligence agencies) to countries considered dangerous by lawmakers — including Afghanistan, Pakistan and Yemen…
Andy looks further into this situation in Nine Years Later: The Political Prisoners of Guantanamo, showing some of the complex factors behind the paralysis. An even larger group of prisoners are held in Bagram, at the U.S. air base, in what the U.S. argues is a “war zone” so that the prisoners may not have habeas corpus, echoing the Bush regime of 5 years ago. Military tribunals, or “commissions” have been widely derided as unjust. Obama says some of the prisoners are “too dangerous to release” or to try. Is it that what would come out in court would be too revealing of the illegitimacy of the war on terror? And concludes
Until these problems are solved and the Guantanamo prisoners are either tried or released, President Obama’s contribution to this bitter legacy of the Bush administration is to be presiding over the unthinkable: a prison where, however the prisoners have been designated, they are almost all held in indefinite detention and are, indeed, political prisoners.
Over the next year, we will experience the ten year anniversaries of 9/11, the PATRIOT Act, the attack on Afghanistan, and the opening of Guantanamo. We have something to say now, and over the next year, about whether the outrages associated with the Bush years continue along, or are sharply opposed by more and more people.
World Can’t Wait began its Call to Drive Out the Bush Regime in 2005 with:
YOUR GOVERNMENT, on the basis of outrageous lies, is waging a murderous and utterly illegitimate war in Iraq, with other countries in their sights.
YOUR GOVERNMENT is openly torturing people, and justifying it.
YOUR GOVERNMENT puts people in jail on the merest suspicion, refusing them lawyers, and either holding them indefinitely or deporting them in the dead of night.
And we ended it with, “The future is unwritten. Which one we get is up to us.”
The voices almost never heard in the discussion of torture, indefinite detention and Bush’s Guantánamo are the men who were themselves detained. Over 600 have been released, in a tacit admission by the U.S. that they committed no crimes. 174 are still detained, even though Obama’s own commission found last year that more than 90 should be released immediately. We should hear these voices.
Andy Worthington published this letter last week, from a Yemini detainee:
A letter from Guantánamo, by Adnan Farhan Abdul Latif
To Attorney David Remes who dedicated his efforts to work on my dead case. The case that has been buried by its makers under the wreckage of freedom, justice, and the malicious and cursed politics.
Testimony and Consolation
I offer my dead corpse to the coming Yemeni delegation.
They agreed on the torture and agonies that I went through all those years.
They knew that I am innocent and at the same time ill and that I left my country to seek treatment.
This is also a message to the Yemeni people who bear the responsibility of my death in front of God and the responsibility of all of the other Yemenis inside this prison. This prison is a piece of hell that kills everything, the spirit, the body and kicks away all the symptoms of health from them.
A Testimony of Death
A testimony against injustice and against the propagandists of freedom, justice and equality.
Adnan Farhan Abdulatif while in the throes of death.
From Close Guantanamo with Justice Now, by dozens of organizations to mark the beginning of the 10th year of Guantanamo on Tuesday, January 11, 2011:
The story of Guantánamo remains the shameful case of the U.S. government rounding up nearly 800 men and boys, indiscriminately labeling them “the worst of the worst,” and throwing them into an island prison designed to exist beyond the reaches of the law, where they would have no right to challenge their detention or abuse. The vast majority of the prisoners at Guantánamo should never have been detained in the first place. Many were simply in the wrong place at the wrong time and were fleeing the chaos of war when U.S. forces entered Afghanistan. Only one in twenty was captured by the U.S. military. Most were captured by local civilians and authorities in Afghanistan and Pakistan and sold to the United States in exchange for substantial bounty. According to Colonel Lawrence Wilkerson, a senior State Department official who served in the Bush administration between 2002-2005, the Bush administration knew early on that the majority of the men at Guantánamo were innocent but did not release them due to political concerns that doing so could harm support for the government’s push for war in Iraq and the broader “Global War on Terror.”
Andy Worthington and other journalists have spent years documenting the abuse detainees suffered. See the report by ProPublica, Prisoners’ Recollections Differ from Guidelines, contrasting the “torture memo” report released by the Obama administration in 2009, with its dry and utterly bland descriptions of torture procedures ordered by the Bush regime, with the report of the International Committee of the Red Cross in 2007 which, given the ICRC’s reluctance to criticize governments, was scathing in its criticism of the Bush program.
The problem is not simply that Barack Obama has not followed through on his pledge to close Guantanamo by January 22, 2010. In many ways, as we said in the Crimes are Crimes – No Matter Who Does Them statement,
this is worse than Bush. First, because Obama has claimed the right to assassinate American citizens whom he suspects of “terrorism,” merely on the grounds of his own suspicion or that of the CIA, something Bush never claimed publicly. Second, Obama says that the government can detain you indefinitely, even if you have been exonerated in a trial, and he has publicly floated the idea of “preventive detention.
Ten weeks after the publication of that statement in The New York Times, Obama, it was reported by Dafna Linzer at ProPublica that
The White House is preparing an Executive Order on indefinite detention that will provide periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay, according to several administration officials… the order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a review process for those it chooses to hold without charge or trial.
This executive order, may be released on or near January 11, putting a close to any faint illusions — or delusions – on the part of those who says that Obama is “really trying” to close the illegal prison.
In another recent piece With Indefinite Detention and Transfer Bans, Obama and the Senate Plumb New Depths on Guantánamo Worthington says:
President Obama is now fulfilling one of Dick Cheney’s great hopes, presiding over a prison in which the overwhelming majority of the remaining 174 prisoners will, in all likelihood, continue to be held indefinitely.
Over at The Talking Dog, dog says:
Every day, in every way, the people of the Obama Administration just want you to know that if there is any material difference between it and the Bush Administration… they must not be doing their jobs right.
Just so we are clear: the continuation of the global “war on terror” continues, now fully endorsed by the administration and the Congress. As always, it’s up to us to make our demands visible. Join me in Washington DC on Tuesday, January 11, 2011.
Lost in the flurry of bills passed as Congress ended was the inclusion in the 2011 National Defense Authorization Act of language that forbids any Pentagon funds being used to transport any detainee from Guantánamo to the U.S. for any reason. There’s no evidence that the Obama administration really opposed this language; they’ve accepted that detainees such as Khalid Sheik Mohammed won’t be tried in federal courts. They’ve delineated a group of detainess for indefinite detention for the reason that they’ve been tortured, and such information, from the government’s standpoint, can’t be made public.
So still, 174 men sit in Guantánamo, including the large group of Yemenis who are caught between denunciations by the U.S. authorities of the anti-government forces in Yemen, and U.S. support for same. The hope many felt two years ago, in anticipation of an end to the Bush torture regime is dead. Yet courageous lawyers, writers, and activists still struggle for humanity to know the truth about the illegal prison Bush built in Guantánamo, and the need for the wider complex of Bush-era torture, indefinite detention, rendition, and secret prisons to really end.
Andy Worthington, who will be in the States next week to participate in protests of Guantanamo, wrote today, in Christmas at Guantánamo:
I thought I’d take this opportunity to remind readers who may be searching the Internet because they need a break from eating and drinking, or because they want to get away from their families for a while, or because the TV is so relentlessly pointless, or because they don’t celebrate Christmas, about some of the 174 men still held in Guantánamo, for whom concern is particularly appropriate right now, as, between them, the Obama administration and Congress seem to have ensured that the majority of them will be spending many more Christmases at Guantánamo…”
It’s not only that Guantánamo should have been closed, and isn’t, but that the virulent Islamophobia, the illegitimate “war on terror;” the secret renditions begun under Bill Clinton; the covering for torture by the allies in Iraq and Afghanistan continue. I thank Glenn Greenwald for pulling our attention yet again to Wikileaks, for what they revealed this year on the crimes of our government, past and current, as regards torture, rendition, and detention, in What Wikileaks Revealed to the World in 2010 – a pattern of utter suppression of peoples’ rights, outside the law.
In two weeks, we’ll be in Washington with Witness Against Torture, the Center for Constitutional Rights, and activists who won’t let this issue go, no matter who the president, or what the promises are.
Please join us in Washington, or where you are, in making visible resistance and protest. Guantánamo, and the whole torture regime that brought it, must be ended!
Rally and “prisoner procession” to the Department of Justice, followed by non-violent direct action.
Date and Time: Tues, Jan. 11, beginning at 11 am
Location: The White House, 1600 Pennsylvania Avenue, Washington, D.C.
WASHINGTON — The prison at Guantanamo will enter its 10th year of operation on Tuesday, January 11. Witness Against Torture is working to make sure this second decade never begins.
Starting at 11am that morning at the White House, Witness Against Torture launches a Daily Vigil and Fast for Justice that will continue for 11 days and include demonstrations throughout Washington. The days of action will begin on January 11th with a rally of a coalition of human rights and grassroots groups, including the Center for Constitutional Rights and Torture Abolition and Survivors Support Coalition, followed by a “prisoner procession” to the Department of Justice, where members of Witness Against Torture will engage in nonviolent direct action…
The courageous attorneys at the Center for Constitutional Rights who are challenging the government’s targeted killing order on Anwar al-Awlaki are getting criticism from right wing ideologues who backed the Bush regime’s war on terror for nine years now.
The Washington Legal Foundation published an ad in The New York Times yesterday, posted online today, and transcribed below.
The ACLU and CCR were retained by Nasser Al-Aulaqi to bring a lawsuit in connection with the government’s decision to authorize the targeted killing of his son, U.S. citizen Anwar Al-Aulaqi, whom the CIA and Defense Department have targeted for death. World Can’t Wait published our own ad on the subject, October 7 in The New York Times, from a completely different standpoint: Crimes are Crimes, No Matter Who Does Them.
Pardiss Kebriaei, for CCR, spoke on October 20 on the al-Aulaqi case, and against yesterday on the WBAI radio program, “Law and Disorder.” She said yesterday,
“The sum and substance of the government’s arguments is that there should be no rule for the court at all in the question we presented… They have not got into the merits of why they believe they should have this authority. They assert the US is involved in a global war against Al-Qaeda, by virtue of the war the US has the ability to target any suspect of Al-Qaeda.”
The Obama administration’s position is echoed by the far-right, in plain sight:
“In All Fairness”
Hijacking Our Courts for Terrorists
Earlier this year, U.S. national security officials authorized lethal action against Anwar al-Awlaki, a military Islamic cleric based in Yemen.
Al-Awlaki and his al Qaeda-affiliate group have been linked to the massacre at Fort Hood, the attempted Christmas Day airplane bombing over Detroit, and the recent plot to blow up Chicago-bound cargo planes. Remarkable, al-Awlaki’s formal designation as a “Global Terrorist”: not only made him a high-priority target, it also made him the recipient of the pro bono legal assistance of American activists in a federal court action.
This lawsuit, which requests an injunction preventing attacks on al-Awlaki, opens an alarming new front in the activist campaign to judicially impose a myopic view of “civil liberties” on U.S. anti-terror decisions. Since 9/11, these ideologues have, with the help of our courts, secured criminal defendant rights for enemy combatants; invalidated parts of the USA Patriot Act; and forestalled invaluable surveillance activities. As a result, those who work tirelessly to keep America safe have fewer tools with which to do their job.
Now, the ACLU and the Center for Constitutional Rights (CCR), the architects of al-Awlaki’s suit, are going one step further — they seek direct judicial involvement in military strategy. Their suit argues that no U.S. operation can go after al-Awlaki unless officials prove he poses an imminent threat and that no means other than lethal force can reasonable neutralize the threat.
The unconventional war thrust upon American provided activists a long-awaited opportunity to advance their radical legal theories — previously relegated to scholarly journals — in court, where they can directly undermine national security. For instance, suits like the one brought on behalf of al-Awlaki could severely curtail the use of unmanned Predator drones, leading to increased U.S. military and civilian casualties once courts force anti-terror operations to rely on more land assaults. Additionally, successful civilian court challenges to the detainment of terror suspects can return enemy soldiers to the battlefield. In fact, numerous former Guantanamo Bay detainees already populate the upper ranks of the Yemen-based al Qaeda group’s leadership.
America has reached a fork in the road, and the time has come for us to make a decisive choice. We can treat terrorists like common criminals who are entitled to Miranda rights and criminal trials, providing them an unparalleled platform for propaganda,and a rich source of intelligence for the architects of future attacks. Or we can be fully committed to ensuring the security of our nation by rejecting misguided legal campaigns and returning control over national and homeland security decisions to the executive and legislative branches.
With so little margin for error, can America afford to have the judiciary and agenda-driven lawyers deciding how to keep us safe from foreign terrorism?
The Washington Legal Foundation wlf.org
This political attack should be answered.
With the publication of George Bush’s book, Decision Points, we, the undersigned, set the record straight. Instead of being rewarded with a lucrative book contract and treated by the media as a distinguished statesman, Bush should be indicted and prosecuted for the crime of aggressive war, the supreme crime against peace in occupying Iraq and Afghanistan; devastation of the civilian population and civil society; the institutionalization of torture and denial of due process to detainees; massive illegal spying against people in the U.S.; and perjury before Congress and the people. Hundreds of thousands of Iraqis have been sent to an early grave because of Bush. Thousands of people have endured the most gruesome torture and abuse because of Bush. Tens of thousands of US service members have either died or suffered horrendous physical and mental injuries because of Bush. Trillions of dollars have been spent in the commission of criminal acts, abroad and at home.
It is the responsibility of the people of the United States to demand the investigation, indictment and prosecution of crimes committed by George W. Bush, Dick Cheney and other high officials.
It is up to each and every one of us to act. Unless high officials are held accountable for criminal acts, it sends a clear message to future administrations – including the current one — that they are not required to uphold the basic tenets of human rights and international law. Today, in fact, we see that many of Bush’s illegal actions have become codified as a new norm.
George W. Bush is recognized by the people of the world as a criminal. We, inside the United States, understand that too and thus we must demand that Attorney General Eric Holder and the Obama administration uphold the law and appoint a Special Prosecutor for the prosecution of Bush and his principal accomplices. We also encourage individuals to take creative measures to stop Bush’s rewriting of history: speak out at his appearances, go to bookstores and move his book to the Crime Section, and challenge the media to cover our message. War criminals may write books, but we—the people—must speak the truth.
Brian Becker, ANSWER Coalition
Medea Benjamin, Code Pink
Elaine Brower, military mother, World Can’t Wait
Mike Ferner, President, Veterans for Peace
Susan Harman, Code Pink & Progressive Democrats of America
Nancy Mancias, Code Pink
Ray McGovern, Veterans for Peace
Stephanie Rugoff, War Criminals Watch
David Swanson, War is a Crime
Debra Sweet, World Can’t Wait
The US military’s Bagram detention facility in Afghanistan is hidden behind a wall of secrecy and considered by many to be more questionable than the detention facility at Guantanamo Bay, Cuba.
Debra Sweet, the director of The World Can’t Wait, said that those held at Bagram are unknowns – who they are is not disclosed, and the charges they face are not disclosed.
“The world wants to know who is being held there and why,” said Sweet.
There are allegations of secret prison practices, harsh interrogations and conditions far worse than those at Guantanamo Bay.
The Obama administration refuses to make public details about the detention facility, and also continues to deny habeas corpus rights to those held there.
“The argument that the Obama administration is making, as I understand it, is this is an active warzone, therefore we don’t have to give rights that anyone on US soil would be guaranteed,” said Sweet.
The Berkeley Says NO to Torture Week began Sunday October 10 with a book talk by Andy Worthington who wrote The Guantanamo Files:The Stories of the 774 Detainees in America’s Illegal Prison, and Justine Sharrock, author of Tortured: When Good Soldiers Do Bad Things. Even for people who have followed the US detention of men at Guantanamo, the stories of the real people involved; both those detained, and those who were part of the functioning, are eye-opening and heart-breaking.
Andy, who knows as much or more about the individual stories of the men detained at Guantanamo, reminded everyone of the reason we’re doing this Week in Berkeley: John Yoo is here teaching law at Cal, as he has been since 2004, when he returned from his two years spent in the Bush White House arranging the “legal” justification of torture and indefinite detention. Why stay on the issue of the closure of Guantanamo when, for the time being, it’s disappeared off the radar? “Just because something’s gone on for far too long, doesn’t make it less wrong,” Andy says.
He gave a quick overview of Guantanamo, 20 months after Barack Obama said he’d close it in 12 months. 598 men have been released with no charges, mostly by the Bush regime. 174 are left. Of those, the Obama administration plans to charge 35 and try them under the “new” military commissions. 48 are to be held indefinitely — no charges, no trials, no release, in legal limbo. The rest are all “approved for transfer,” a phrase this administration picked up from Bush, as opposed to “approved for release” which could indicate they were held without reason. Andy pointed out that the U.S. has prevailed on 15 countries to take detainees after release, but that the U.S. – the country which detained the innocent men – won’t take any.
The vast majority of the 774 men were not caught on the battlefield, as the Bush regime said at the time, but were bought for bounty. The US government didn’t know who they had, why, or what any of them might have done. General Dunleavy, the first general in charge in 2002 when Guantanamo opened, called a lot of them “Mickey Mouse” prisoners, held without reason. Nevertheless, while held, one in 6 of them got the “full treatment” of enhanced interrogation procedures, both physical and psychological that we now know to be the Bush/Yoo package of torture.
Andy did not confine his criticism to Bush, who came up with the term “enemy combatant,” but described for us what the Obama administration has done, and not done. The term is new: “unprivileged enemy belligerents.” They have habeas corpus rights, but still, many are not being released, much less given an apology or any sort of compensation. See a post from Andy on October 11, Former Guantánamo Prisoner, Tortured by Al-Qaeda and the US, Launches Futile Attempt to Hold America Accountable.
Justine Sharrock got to know four men who were involved in torture of detainees at Abu Ghraib and Guantanamo. She writes with much understanding, developed over time with the men, for how they have been destroyed by participating and being trained as part of dehumanizing package of detention and torture.
She read from her book about Chris Arendt, an anarchist, Jack Kerouac-reading punk from the Midwest who somehow ended up in a National Guard unit sent to Guantanamo. As he learned the pattern of detainee abuse, like the “frequent flyer” program where detainees were moved every few hours to a different cell for months, he began folding the order forms into origami birds which spilled over his whole desk. He tried to kill himself.
The jacket blurb reads: “Myths about torture abound: Waterboarding is the worst we’ve done. The soldiers were hardened professionals. All Americans now believe that what we did was wrong. Torture is now a thing of the past. Journalist Justine Sharrock’s reporting reveals a huge chasm between what has made headlines and what has actually happened. She traveled around the country, talking to the young, low-ranking soldiers that watched our prisoners, documenting what it feels like to torture someone and discovering how many residents of small town America think we should have done a lot more torture.”
Justine’s work on how torture was shaped, and has come to be accepted, is really important. She and Any will be speaking again at a program Wednesday about writers on torture.
Lauro Vasquez, a recent graduate of Dominican College read two of his poems. A member of the Revolutionary Poetry Brigade, he told how he started thinking in poems while working as a dishwasher at college. I’m going to ask him for the poems to post here.