Posts Tagged eric holder

Why Should We Have Any Confidence in a Justice Department Investigation Bringing Justice?

Trayvon Martin

Trayvon Martin

“I now ask every American to respect the call for calm reflection from two parents who lost their young son” said Barack Obama a day after the verdict of “not guilty” in the George Zimmerman trial.  “we are a nation of laws, and the jury has spoken.”

Attorney General Eric Holder assured the NAACP that he is concerned about the case, and that “the Justice Department has an open investigation into it.”

The message here is that we — those righteously outraged at the stalking death of a black youth being justified by a jury — should remain calm.  And we are told to wait on justice at the hands of a system built on slavery, Jim Crow segregation, and the New Jim Crow of mass incarceration.  Our protests are the problem, not the underlying injustice, particularly according to Democratic Party leaders, whose purpose is to keep us passive, while they appear to “handle” the problem.

Turning your attention back to 2009, Barack Obama took office in the wake of — and because of — the disaster of the Bush regime laying waste to whole countries, attacking civil liberties, and establishing a system of indefinite detention, black sites, rendition and torture which affected tens of thousands of prisoners.  Obama famously said he wanted to “look forward, not backward,” and starkly disappointed people who were under the illusion that justice would be served on the Bush regime — or at least someone in charge of torture — by the new administration.

Protesting

Above, protesters in San Francisco react to the news that Black teenagers can be murdered with impunity.

Obama and Holder did make some promises which turned out to be aimed at pacifying critics.  The Justice Department “investigated” the CIA torture in Guantanamo, captured on videotape, allowing the perpetrators to get away with destroying the tapes.  They decided not to release the photos of the military torture at Abu Ghraib.  The Justice Department, presumably, looked into the legal justification, practice, and individual orders and responsibility for a wide range of illegitimate actions, known to be against international law, involving thousands of victims.

And then, snooze, they found nothing really wrong, or at least nothing they would prosecute. See Justice Department Ends Investigation on Alleged Use of Torture by CIA.

It’s the same old story.  The rights of people under the empire don’t matter.  And Trayvon Martin, to quote the 1857 Dred Scott Decision of the US Supreme Court, will likely be found to have “no rights the white man was bound to respect.”

I am not exaggerating here. WHEN has a federal investigation brought justice in a situation where crimes have been carried out, supported, or excused by government?

Relevant reading:

We indict the U.S. government.  Example:  For the mass incarceration of over 2.4 million people in the United States, mainly Black and Latino, a program with a genocidal impact against these groups, including torture, solitary confinement, and unjust executions.

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Obama to Give Delayed Speech on Guantanamo, Prisoners Still Starving for Justice

President Obama will give a major speech Thursday at the National Defense University in Washington, reportedly about drones and Guantanamo.  The Washington Post reports that

“Obama was prepared to deliver the speech earlier this month, but it was put off amid mounting concerns over a prisoner hunger strike at Guantanamo Bay and more recently the Justice Department leaks investigation — both of which the revised speech may address.”

The Post also reports that an anonymous White House official says the President

“…will discuss the policy and legal framework under which we take action against terrorist threats, including the use of drones. And he will review our detention policy and efforts to close the detention facility at Guantanamo Bay.”

World Can’t Wait has been pondering hard on what more we can do to create a political situation where Obama has to back down, release at least some of the men at Guantanamo, and be forced into closing the prison.  The use of indefinite detention and targeted killing is an affront to generally recognized precepts of international law.  Usually, the administration answers, as Eric Holder did last year, makes a claim that “we can do whatever we want,” essentially, when “national security” is at stake.

Obama promised to close Guantanamo more than four years ago.  We have been led to expect, over the last four years, that it’s really not that important to him to do so.

But along comes the prisoners’ hunger strike — a dynamic factor neither Obama’s people, nor the millions of us outraged at Guantanamo’s continued existence expected.  Their action could bring a possible change in the administration’s plans to maintain indefinite detention, at least for some of the men in Guantanamo.

A major missing ingredient in this moment, though, has been the collective voices of artists, intellectuals, politicians, religious and cultural figures who are respected and beloved for being voices of conscience, speaking as one to demand that the torture of Guantanamo be ended. It’s time and past time, as more than 100 days of the prisoners’ hunger strike have passed, that we provide a way for them to speak out together, and for that message to be seen.

Dennis Loo of Cal Poly Pomona drafted a message which will run this week as a full page ad in The New York Times  this week which could serve as such a vehicle. Demanding “Close Guantanamo,” it has been  signed by  1100, including John Cusack, Alice Walker, Wallace Shawn, Junot Diaz, Noam Chomsky, Daniel Ellsberg, Eve Ensler, Kara Walker, Dave Eggers, Glenn Greenwald, Paul Haggis, Bianca Jagger, Ariel Dorfman, Erica Jong, Michael Moore, Ron Kovic, Tom Morello, Mark Ruffalo, Coco Fusco,  Peter Selz, James Schamus, Carl Dix, Oliver Stone, Cindy Sheehan, and Cornel West, joined by attorneys for the Guantanamo prisoners, law professors, clergy and academics.

The message powerfully challenges us to look at Guantanamo as “part of larger, alarming developments” including the NDAA, targeted killing by executive order, and the prosecution of whistle-blowers, “most flagrantly in the torture, slander and draconian legal charges against Bradley Manning.”

It says, “It is up to people to stand up for principle and morality when their institutions and public officials refuse to do so. The fates of those who are maimed or killed by our government’s policies are inextricably intertwined with our own: we must listen and respond to their cry for justice. We demand the release of the cleared Guantanamo prisoners now, and an end to indefinite detention without charge for the others, before they lose their lives.”

SIGN

DONATE

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US Response to Wikileaks: Diplomacy as Another Means of Warfare

Can  you imagine the conversation in the Obama administration since the cables have been released by Wikileaks.org?   Attorney General Eric Holder, who can’t find a reason to prosecute anyone for actual torture, says ominously, referring to the legal difficulties in possible U.S. prosecution of Julian Assange,

“To the extent there are gaps in our laws, we will move to close those gaps, which is not to say that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation.”

Wikileaks Release Evidence of War Crimes

Read/Sign Petition: In Support of Julian Assange

But Robert Gates, whose Pentagon has been threatening Wikileaks openly since the Afghan War Diaries release in July, said on November 30:

“I’ve heard the impact of these releases on our foreign policy described as a meltdown, as a game-changer, and so on. I think those descriptions are fairly significantly overwrought… Many governments — some governments — deal with us because they fear us, some because they respect us, most because they need us. We are still essentially, as has been said before, the indispensable nation…Is this embarrassing? Yes. Is it awkward? Yes. Consequences for U.S. foreign policy? I think fairly modest.’’

The refrain from the government goes: Wikileaks is guilty of terrible crimes which “endanger national security;” they have blood on their hands…but, for damage control purposes, it’s not such a big deal when what they revealed.  Yet pressure was placed on Amazon.com this week to remove Wikileaks from its servers.  The site is up now, after being removed from Amazon.com’s servers Wednesday December 1.

The Department of Justice no doubt exerted pressure on Interpol to put out a warrant for Julian Assange on sexual misconduct charges from a prosecutor in Sweden that have been off and on again.  Jennifer Robinson, one of Assange’s British attorneys, said the warrant from Sweden was highly unusual for the charges, and that Assange is not in hiding, but is taking care of his personal safety, given threats by people in power against him.  See more today on Democracy Now.

Glenn Greenwald, on Salon.com writes about the kinds of attacks on Assange and takes them on:

“The group demanding that Julian Assange be murdered without any charges, trial or due process.  There was Sarah Palin on on Twitter illiterately accusing WikiLeaks — a stateless group run by an Australian citizen — of “treason”; she thereafter took to her Facebook page to object that Julian Assange was “not pursued with the same urgency we pursue al Qaeda and Taliban leaders” (she also lied by stating that he has “blood on his hands”:  a claim which even the Pentagon admits is untrue).  Townhall’s John Hawkins has a column this morning entitled ”5 Reasons The CIA Should Have Already Killed Julian Assange.”  That Assange should be treated as a “traitor” and murdered with no due process has been strongly suggested if not outright urged by the likes of Marc Thiessen, Seth Lipsky (with Jeffrey Goldberg posting Lipsky’s column and also illiterately accusing Assange of “treason”), Jonah Goldberg, Rep. Pete King, and, today, The Wall Street Journal.

Those who demand that the U.S. Government take people’s lives with no oversight or due process as though they’re advocating changes in tax policy or mid-level personnel moves — eradicate him!, they bellow from their seats in the Colosseum — are just morally deranged barbarians. There’s just no other accurate way to put it. These are usually the same people, of course, who brand themselves “pro-life” and Crusaders for the Sanctity of Human Life and/or who deride Islamic extremists for their disregard for human life.”

In addition to the New York Times and other US mainstream media who are spinning the story of the cables in support of US domination of other countries, there are journalists analyzing the content of the cable leaks from the standpoint of justice.  Scott Horton, on Democracy Now December 1, talked about what was revealed over the last years, when the U.S. strongly pressured Spain not to prosecute Bush regime officials over rendition and indefinite detention.  Democracy Now summarizes:

U.S. officials were especially alarmed when prosecutors in Spain and Germany began comparing notes on their investigations into CIA extraordinary rendition flights. U.S. officials said, quote,  ‘This co-ordination among independent investigators will complicate our efforts to manage this case at a discreet government-to-government level.’  The investigation in Germany was in regard to the CIA abduction and rendition of German citizen Khaled El-Masri. He was wrongly abducted and flown to Afghanistan, where he was held for months without charge. When it looked like 13 CIA agents might be charged in the case, the U.S. embassy in Berlin stepped in and, according to one leaked cable, threatened, quote, that ‘issuance of international arrest warrants would have a negative impact on our bilateral relationship.’

Gareth Porter dug into the disinformation U.S. diplomats put out on Iran in Russians Refuted U.S. Claim of Iranian Missile Threat to Europe. Glen Ford takes apart US policy towards Iran in American Racism on Display in WikiLeaks Iran Cable:

Jeremy Scahill, this morning on Democracy Now, spoke to the open lies of the United States, specifically the Obama administration, in denying that the U.S. has military operations going on now in Pakistan.  The cables show otherwise.  Democracy Now.  Scahill exposes the Pakistani government’s blatant lies to its own people, while the U.S. behind the scenes, orchestrates two drone programs in Pakistan, allegedly a sovereign country.

Julian Assange, Wikileaks, and Brad Manning – whose execution is now being demanded by Mike Huckabee — must be defended, as a really key part of our movement to end the wars and war crimes.   This is just the beginning, on both sides of this battle over truth and empire.

We — all of us– need to keep digging into those cables and exposing the real crimes they cover.

I signed this statement, New Evidence Demands End to Wars, and urge you to come out to The White House on Thursday, December 16.

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White House asks to drop charges against Prof. Yoo

12-07-09 WASHINGTON (KGO) — The White House is asking a federal appeals court to drop charges against UC Berkeley professor John Yoo.  His memos approved the torture, including water boarding of terrorism suspects.  The Obama administration says federal law doesn’t allow damage claims against attorneys who advise the president on national security issues.  It says such lawsuits ask courts to second-guess presidential decisions, and pose the risk of deterring ‘full and frank advice,’ especially during times of crisis, or war.

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