Monday, December 11, 2006

A Question for December 7


"The Nuremberg process happened in my country. It was painful for us, but we absorbed it. It became a part of our legacy. An important part of our legacy. We will not forget it. But I have to ask you: why has your country forgotten?"



A Question for December 7

Scott Horton

Today is December 7. This is a special day in our history, a definitional day, a day to pause and remember. On this day - "a day that will live in infamy" - the Empire of Japan attacked the United States armed forces gathered at Pearl Harbor. And on the other side of the world, December 7 was also a momentous day. The German drive on Moscow stalled - it happened at a place not far from the airport at Sheremetyevo that I drive past a couple of times each year, marked by a memorial composed of over-sized tank barriers. And in Berlin, faced with concern about the stalling effort and the approaching, life threatening Russian winter, Field Marshal Keitel issued the "Night and Fog Decree," one of the bloodiest and most disgusting documents of a war that challenged the conscience of the world. All of this occurred on a single day sixty-five years ago: December 7, 1941. For a generation of Americans, their lives changed, suddenly and dramatically. National security had been a lingering worry. Suddenly it became a matter that dominated and redirected their lives. Americans handled this challenge with a nobility and clarity of purpose that are worth thinking about today. I propose to do just that, for a simple reason: America needs to remember its history, its values and its legacy. In a world of 24/7 cable pseudo news channels, they have gone missing. And that loss cheapens the lives of every one of us.

In his first inaugural, Franklin Delano Roosevelt told us that "the only thing we have to fear� is fear itself." The Roosevelt presidency, and especially the conduct of the Second World War is the first proof of this statement. And in the last five years, Americans have lived through a second proof of it - if they only will open their eyes and see it. Those words sound simple to us today, and we need to remember the context in which they were uttered. As Roosevelt spoke, a shadow of totalitarianism had fallen across much of the world - fascism dominated the European continent and the rising Empire of Japan and communism covered the great Eurasian landmass that stretched in between them. These totalitarian regimes shared many common traits, and chief among them was the use of fear as a political tool. Fear was used to render the domestic populace silent and stupid. Fear was used to threaten and win concessions from the surviving democratic states on the periphery of the totalitarian swamp. Roosevelt understood the threat perfectly, and he understood that fear and the use of fear was the essential dividing line between the Western democracies and the totalitarian states. But somewhere along the line, this fundamental truth was forgotten in America.

In one of his earliest works, Edmund Burke tells us that fear is the hallmark of a despotic society. Fear is used to make a population stupid and subservient; it is used to chill the natural demand for the most basic of freedoms and liberties. A ruler who uses fear in this way deserves contempt, Burke wrote. One of the essential tools of fear is torture. Historical studies of the use of torture inevitably find that torture exists not as a device to gather intelligence, but as a tool to instill fear - to petrify, to silence. The Catechism of the Catholic Church understands this. It contains a single section addressing torture, and it is the same section which addresses terror used as a political tool. The Catechism teaches, and correctly understands, that torture is in its essence a tool for terrorizing a population.

This is why Roosevelt was explicit about fear as a tool, why Allied propaganda made clear that torture marked our adversaries, but not us. The Greatest Generation upheld our nation's ideals when it went to war. It understood the value of those ideals as weapons. It won the war. And then it did some real magic. By treating our adversaries as human beings, by showing them dignity and respect, our grandfathers' generation created a new world in the rubble of the Second World War. The nations which were our bitterest adversaries - Germany, Italy and Japan - emerged in the briefest time as our committed friends and allies. A world was born in which America was the dynamic center. And the foundation was laid to win the Cold War as well, after which America would emerge as the world's sole superpower, its direction-giving force.

Now I'd like you to use your imagination for a second. Let's assume the unthinkable: that America had embraced Mr. Bush's "Program" in the Second World War; that German, Italian and Japanese fighters had been waterboarded, subjected to the cold cell and techniques like "long time standing." Do any of you think for even a second that these nations would have been our allies and friends in the following generations? Think of how much darker, colder and more hate-filled our world would be than it is today.

I ask this question because this issue - the use of "coercive intelligence gathering techniques" - should be a matter of grave concern to everyone of us. But it has taken time for the question to be asked and discussed. And for that, I have a bone to pick with our media. By mid-2002, evidence began to collect that highly coercive techniques were being used in Guantanamo and in Afghanistan. A few brave souls reported on this - Dana Priest and a couple of her colleagues at the Washington Post were among the first, and there were stories in a handful of other newspapers. I have spent some time talking with print media reporters and editors about this process. What I learned was not encouraging. There was strong pushback from the beginning. Editors did not want to run these stories. Many stories were spiked. And when they ran, they were cut back and appeared buried deep inside the paper. Why? Journalists were under immense pressure at this point, from the Pentagon, the Administration and from the rightwing chorus that dominates much of the cable news world. Threats were raised: papers that report such matters are slandering our troops, it was said. They are undermining our combat morale. They are weakening our war effort. But my recapitulation here hardly does justice to the ferocity of some of these attacks. In sum what happened? The press was intimidated into a process of self-censorship.

I don't believe this process continued indefinitely, but some disturbing traces continue. In April 2004, the photographs that Joseph Darby circulated out of Abu Ghraib broke in The New Yorker and CBS's 60 Minutes, and a thaw began. The media discovered the issue, and quickly discovered that it had links with important policy decisions taken at the top of the Administration. Curiously, the media long gave equal billing to increasingly absurd explanations offered by Administration apologists. But with time they faded.

When we talk about torture today, Abu Ghraib seems a synonym. But this is deceptive. In fact all those wretched photos show is humiliation tactics. They are grim and disturbing. They make a mockery of standards laid down by George Washington and Abraham Lincoln. But they're hardly the worst of the tactics employed. Ninety-eight deaths occurred in detention in circumstances suggesting foul play. Perhaps two dozen of them can be linked pretty directly to torture. This includes severe beatings, waterboarding, and severe stress positions - curiously, all tactics that we associate with torture from the middle ages, definitional torture - as well as alternating extremes of heat and cold, long-term sleep deprivation. We can talk about these techniques in a clinical sort of way, but in the end it is a question of mixing and alternating, a question of destroying the human material in captivity, of destroying humanity.

The media had a role in this process - it was to keep us informed about what is being done in our name. For two years, the media failed us miserably. More recently it has started to make up for its failings. But the process by which the media was silenced is troubling, and it, too, is something we should think about.
The key tool used to silence the media was simple: the patriotism of journalists who wrote critical articles was systematically challenged. There is an irony about this that I find remarkably unsubtle. There is nothing unpatriotic about criticizing the use of highly coercive techniques. They have put Americans in uniform in grave risk - and they will continue to do so for a generation at least. They have done incalculable damage to our nation's honor and reputation. They have dramatically undermined our ability to be a moral leader in the world, to forge and sustain alliances - alliances which could save the lives of thousands of Americans in future conflicts. Our Founding Fathers understood these principles perfectly, which is why the notion of humane warfare were an essential part of the beacon they fashioned. So I ask you: who demonstrates patriotism today - the critics who stand fast by our foundational values? Or those who would ignore our traditions by reaching quickly for the base and the brutal? No real patriot today, no citizen who is concerned about the fate of our fellow citizens in uniform, can be silent on this issue.

A short time ago, in Germany, I spoke with one of the senior advisors of Chancellor Angela Merkel. I noted that a criminal complaint had been filed against Donald Rumsfeld and a number of others invoking universal jurisdiction for war crimes offenses. How would the chancellor see this, I asked? There was a long pause, and I fully expected to get a brush-off response. But what came was very surprising. "You must remember," said the advisor, "that my chancellor was born and raised in a totalitarian state. She cannot be indifferent to questions of this sort. In fact, she views them as matters of the utmost gravity and they will be treated that way. The Nuremberg process happened in my country. It was painful for us. But we absorbed it. It became a part of our legacy. An important part of our legacy. We will not forget it. But I have to ask you: why has your country forgotten?"

That is a question to reflect upon on this day, on December 7. The time has come to remember.

-----------------

Remarks delivered at the Wolfson Center, New School University, New York City, Dec. 7, 2006

Night and Fog comes to America


The Night and Fog Decree

On December 7, 1941, Hitler issued Nacht und Nebel, the Night and Fog Decree.








This decree replaced the unsuccessful Nazi policy of taking hostages to undermine underground activities. Suspected underground agents and others would now vanish without a trace into "Nacht und Nebel", the night and fog.

SS Reichsführer Himmler issued the following instructions to the Gestapo.

"After lengthy consideration, it is the will of the Führer that the measures taken against those who are guilty of offenses against the Reich or against the occupation forces in occupied areas should be altered. The Führer is of the opinion that in such cases penal servitude or even a hard labor sentence for life will be regarded as a sign of weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which will leave the family and the population uncertain as to the fate of the offender. Deportation to Germany serves this purpose."

Field Marshall Keitel issued a letter stating:

"Efficient and enduring intimidation can only be achieved either by capital punishment or by measures by which the relatives of the criminals do not know the fate of the criminal. The prisoners are, in future, to be transported to Germany secretly, and further treatment of the offenders will take place here; these measures will have a deterrent effect because - A. The prisoners will vanish without a trace. B. No information may be given as to their whereabouts or their fate."

The victims were mostly from France, Belgium and Holland. They were usually arrested in the middle of the night and quickly taken to prisons hundreds of miles away for questioning and torture, eventually arriving at the concentration camps of Natzweiler or Gross-Rosen, if they survived.


wiki on 'Nacht und Nebel'

Wednesday, November 29, 2006

The White House Criminal Conspiracy

Legally, there are no significant differences between the investor fraud perpetrated by Enron CEO Ken Lay and the prewar intelligence fraud perpetrated by George W. Bush. Both involved persons in authority who used half-truths and recklessly false statements to manipulate people who trusted them.




There is, however, a practical difference: The presidential fraud is wider in scope and far graver in its consequences than the Enron fraud. Yet thus far the public seems paralyzed.


by ELIZABETH DE LA VEGA

[from the November 14, 2005 issue of The Nation]

In response to the outcry raised by Enron and other scandals, Congress passed the Corporate Corruption Bill, which President Bush signed on July 30, 2002, amid great fanfare. Bush declared that he was signing the bill because of his strong belief that corporate officers must be straightforward and honest. If they were not, he said, they would be held accountable.

Ironically, the day Bush signed the Corporate Corruption Bill, he and his aides were enmeshed in an orchestrated campaign to trick the country into taking the biggest risk imaginable--a war. Indeed, plans to attack Iraq were already in motion. In June Bush announced his "new" pre-emptive strike strategy. On July 23, 2002, the head of British intelligence advised Prime Minister Tony Blair, in the then-secret Downing Street Memo, that "military action was now seen as inevitable" and that "intelligence and facts were being fixed around the policy." Bush had also authorized the transfer of $700 million from Afghanistan war funds to prepare for an invasion of Iraq. Yet all the while, with the sincerity of Marc Antony protesting that "Brutus is an honorable man," Bush insisted he wanted peace.

Americans may have been unaware of this deceit then, but they have since learned the truth. According to a Washington Post/ABC News poll conducted in June, 52 percent of Americans now believe the President deliberately distorted intelligence to make a case for war. In an Ipsos Public Affairs poll, commissioned by AfterDowningStreet.org and completed October 9, 50 percent said that if Bush lied about his reasons for going to war Congress should consider impeaching him. The President's deceit is not only an abuse of power; it is a federal crime. Specifically, it is a violation of Title 18, United States Code, Section 371, which prohibits conspiracies to defraud the United States.

So what do citizens do? First, they must insist that the Senate Select Committee on Intelligence complete Phase II of its investigation, which was to be an analysis of whether the Administration manipulated or misrepresented prewar intelligence. The focus of Phase II was to determine whether the Administration misrepresented the information it received about Iraq from intelligence agencies. Second, we need to convince Congress to demand that the Justice Department appoint a special prosecutor to investigate the Administration's deceptions about the war, using the same mechanism that led to the appointment of Patrick Fitzgerald to investigate the outing of Valerie Plame. (As it happens, Congressman Jerrold Nadler and others have recently written to Acting Deputy Attorney General Robert McCallum Jr. pointing out that the Plame leak is just the "tip of the iceberg" and asking that Fitzgerald's authority be expanded to include an investigation into whether the White House conspired to mislead the country into war. )

Third, we can no longer shrink from the prospect of impeachment. Impeachment would require, as John Bonifaz, constitutional attorney, author of Warrior-King: The Case for Impeaching George Bush and co-founder of AfterDowningStreet.org, has explained, that the House pass a "resolution of inquiry or impeachment calling on the Judiciary Committee to launch an investigation into whether grounds exist for the House to exercise its constitutional power to impeach George W. Bush." If the committee found such grounds, it would draft articles of impeachment and submit them to the full House for a vote. If those articles passed, the President would be tried by the Senate. Resolutions of inquiry, such as already have been introduced by Representatives Barbara Lee and Dennis Kucinich demanding that the Administration produce key information about its decision-making, could also lead to impeachment.

These three actions can be called for simultaneously. Obviously we face a GOP-dominated House and Senate, but the same outrage that led the public to demand action against corporate law-breakers should be harnessed behind an outcry against government law-breakers. As we now know, it was not a failure of intelligence that led us to war. It was a deliberate distortion of intelligence by the Bush Administration. But it is a failure of courage, on the part of Congress (with notable exceptions) and the mainstream media, that seems to have left us helpless to address this crime. Speaking as a former federal prosecutor, I offer the following legal analysis to encourage people to press their representatives to act.

The Nature of the Conspiracy

The Supreme Court has defined the phrase "conspiracy to defraud the United States" as "to interfere with, impede or obstruct a lawful government function by deceit, craft or trickery, or at least by means that are dishonest." In criminal law, a conspiracy is an agreement "between two or more persons" to follow a course of conduct that, if completed, would constitute a crime. The agreement doesn't have to be express; most conspiracies are proved through evidence of concerted action. But government officials are expected to act in concert. So proof that they were conspiring requires a comparison of their public conduct and statements with their conduct and statements behind the scenes. A pattern of double-dealing proves a criminal conspiracy.

The concept of interfering with a lawful government function is best explained by reference to two well-known cases where courts found that executive branch officials had defrauded the United States by abusing their power for personal or political reasons.

One is the Watergate case, where a federal district court held that Nixon's Chief of Staff, H.R. Haldeman, and his crew had interfered with the lawful government functions of the CIA and the FBI by causing the CIA to intervene in the FBI's investigation into the burglary of Democratic Party headquarters. The other is U.S. v. North, where the court found that Reagan Administration National Security Adviser John Poindexter, Poindexter's aide Oliver North and others had interfered with Congress's lawful power to oversee foreign affairs by lying about secret arms deals during Congressional hearings into the Iran/contra scandal.

Finally, "fraud" is broadly defined to include half-truths, omissions or misrepresentation; in other words, statements that are intentionally misleading, even if literally true. Fraud also includes making statements with "reckless indifference" to their truth.

Conspiracies to defraud usually begin with a goal that is not in and of itself illegal. In this instance the goal was to invade Iraq. It is possible that the Bush team thought this goal was laudable and likely to succeed. It's also possible that they never formally agreed to defraud the public in order to attain it. But when they chose to overcome anticipated or actual opposition to their plan by concealing information and lying, they began a conspiracy to defraud--because, as juries are instructed, "no amount of belief in the ultimate success of a scheme will justify baseless, false or reckless misstatements."

From the fall of 2001 to at least March 2003, the following officials, and others, made hundreds of false assertions in speeches, on television, at the United Nations, to foreign leaders and to Congress: President Bush, Vice President Cheney, Press Secretary Ari Fleischer, National Security Adviser Condoleezza Rice, Secretary of State Colin Powell, Defense Secretary Donald Rumsfeld and his Under Secretary, Paul Wolfowitz. Their statements were remarkably consistent and consistently false.

Even worse, these falsehoods were made against an overarching deception: that Iraq was involved in the 9/11 attacks. If Administration officials never quite said there was a link, they conveyed the message brilliantly by mentioning 9/11 and Iraq together incessantly--just as beer commercials depict guys drinking beer with gorgeous women to imply a link between beer drinking and attractive women that is equally nonexistent. Beer commercials might be innocuous, but a deceptive ad campaign from the Oval Office is not, especially one designed to sell a war in which 2,000 Americans and tens of thousands of Iraqis have died, and that has cost this country more than $200 billion so far and stirred up worldwide enmity.

The fifteen-month PR blitz conducted by the White House was a massive fraud designed to trick the public into accepting a goal that Bush's advisers had held even before the election. A strategy document Dick Cheney commissioned from the Project for a New American Century, written in September 2000, for example, asserts that "the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein." But, as the document reflects, the Administration hawks knew the public would not agree to an attack against Iraq unless there were a "catastrophic and catalyzing event--like a new Pearl Harbor."

Not surprisingly, the Bush/Cheney campaign did not trumpet this strategy. Instead, like corporate officials keeping two sets of books, they presented a nearly opposite public stance, decrying nation-building and acting as if "we were an imperialist power," in Cheney's words. Perhaps the public accepts deceitful campaign oratory, but nevertheless such duplicity is the stuff of fraud. And Bush and Cheney carried on with it seamlessly after the election.

By now it's no secret that the Bush Administration used the 9/11 attacks as a pretext to promote its war. They began talking privately about invading Iraq immediately after 9/11 but did not argue their case honestly to the American people. Instead, they began looking for evidence to make a case the public would accept--that Iraq posed an imminent threat. Unfortunately for them, there wasn't much.

In fact, the National Intelligence Estimate (NIE) in effect as of December 2001 said that Iraq did not have nuclear weapons; was not trying to get them; and did not appear to have reconstituted its nuclear weapons program since the UN and International Atomic Energy Agency (IAEA) inspectors departed in December 1998. This assessment had been unchanged for three years.

As has been widely reported, the NIE is a classified assessment prepared under the CIA's direction, but only after input from the entire intelligence community, or IC. If there is disagreement, the dissenting views are also included. The December 2001 NIE contained no dissents about Iraq. In other words, the assessment privately available to Bush Administration officials from the time they began their tattoo for war until October 2002, when a new NIE was produced, was unanimous: Iraq did not have nuclear weapons or nuclear weapons programs. But publicly, the Bush team presented a starkly different picture.

In his January 2002 State of the Union address, for example, Bush declared that Iraq presented a "grave and growing danger," a direct contradiction of the prevailing NIE. Cheney continued the warnings in the ensuing months, claiming that Iraq was allied with Al Qaeda, possessed biological and chemical weapons and would soon have nuclear weapons. These false alarms were accompanied by the message that in the "post-9/11 world," normal rules of governmental procedure should not apply.

Unbeknownst to the public, after 9/11 Wolfowitz and Under Secretary of Defense for Policy Douglas Feith had created a secret Pentagon unit called the Counter Terrorism Evaluation Group (CTEG), which ignored the NIE and "re-evaluated" previously gathered raw intelligence on Iraq. It also ignored established analytical procedure. No responsible person, for example, would decide an important issue based on third-hand information from an uncorroborated source of unknown reliability. Imagine your doctor saying, "Well, I haven't exactly looked at your charts or X-rays, but my friend Martin over at General Hospital told me a new guy named Radar thinks you need triple bypass surgery. So--when are you available?"

Yet that was the quality of information Bush Administration officials used for their arguments. As if picking peanuts out of a Cracker Jacks box, they plucked favorable tidbits from reports previously rejected as unreliable, presented them as certainties and then used these "facts" to make their case.

Nothing exemplifies this recklessness better than the story of lead 9/11 hijacker Mohammed Atta. On December 9, 2001, Cheney said it was "pretty well confirmed" that Atta had met the head of Iraqi intelligence in Prague in April 2001. In fact, the IC regarded that story, which was based on the uncorroborated statement of a salesman who had seen Atta's photo in the newspaper, as glaringly unreliable. Yet Bush officials used it to "prove" a link between Iraq and 9/11, long after the story had been definitively disproved.

But by August 2002, despite the Administration's efforts, public and Congressional support for the war was waning. So Chief of Staff Andrew Card organized the White House Iraq Group, of which Deputy Chief of Staff Karl Rove was a member, to market the war.

The Conspiracy Is Under Way

The PR campaign intensified Sunday, September 8. On that day the New York Times quoted anonymous "officials" who said Iraq sought to buy aluminum tubes suitable for centrifuges used in uranium enrichment. The same morning, in a choreographed performance worthy of Riverdance, Cheney, Rumsfeld, Powell, Condoleezza Rice and Gen. Richard Myers said on separate talk shows that the aluminum tubes, suitable only for centrifuges, proved Iraq's pursuit of nuclear weapons.

If, as Jonathan Schell put it, the allegation that Iraq tried to purchase uranium from Niger is "one of the most rebutted claims in history," the tubes story is a close second. The CIA and the Energy Department had been debating the issue since 2001. And the Energy Department's clear opinion was that the tubes were not suited for use in centrifuges; they were probably intended for military rockets. Given the lengthy debate and the importance of the tubes, it's impossible to believe that the Bush team was unaware of the nuclear experts' position. So when Bush officials said that the tubes were "only really suited" for centrifuge programs, they were committing fraud, either by lying outright or by making recklessly false statements.

When in September 2002 Bush began seeking Congressional authorization to use force, based on assertions that were unsupported by the National Intelligence Estimate, Democratic senators demanded that a new NIE be assembled. Astonishingly, though most NIEs require six months' preparation, the October NIE took two weeks. This haste resulted from Bush's insistence that Iraq presented an urgent threat, which was, after all, what the NIE was designed to assess. In other words, even the imposition of an artificially foreshortened time limit was fraudulent.

Also, the CIA was obviously aware of the Administration's dissatisfaction with the December 2001 NIE. So with little new intelligence, it now maintained that "most agencies" believed Baghdad had begun reconstituting its nuclear weapons programs in 1998. It also skewed underlying details in the NIE to exaggerate the threat.

The October NIE was poorly prepared--and flawed. But it was flawed in favor of the Administration, which took that skewed assessment and misrepresented it further in the only documents that were available to the public. The ninety-page classified NIE was delivered to Congress at 10 pm on October 1, the night before Senate hearings were to begin. But members could look at it only under tight security on-site. They could not take a copy with them for review. They could, however, remove for review a simultaneously released white paper, a glitzy twenty-five-page brochure that purported to be the unclassified summary of the NIE. This document, which was released to the public, became the talking points for war. And it was completely misleading. It mentioned no dissents; it removed qualifiers and even added language to distort the severity of the threat. Several senators requested declassification of the full-length version so they could reveal to the public those dissents and qualifiers and unsubstantiated additions, but their request was denied. Consequently, they could not use many of the specifics from the October NIE to explain their opposition to war without revealing classified information.

The aluminum tubes issue is illustrative. The classified October NIE included the State and Energy departments' dissents about the intended use of the tubes. Yet the declassified white paper mentioned no disagreement. So Bush in his October 7 speech and his 2003 State of the Union address, and Powell speaking to the United Nations February 5, 2003, could claim as "fact" that Iraq was buying aluminum tubes suitable only for centrifuge programs, without fear of contradiction--at least by members of Congress.

Ironically, Bush's key defense against charges of intentional misrepresentation actually incriminates him further. As Bob Woodward reported in his book Plan of Attack, Tenet said that the case for Iraq's possession of nuclear weapons was a "slam dunk" in response to Bush's question, "This is the best we've got?" Obviously, then, Bush himself thought the evidence was weak. But he did not investigate further or correct past misstatements. Instead, knowing that his claims were unsupported, he continued to assert that Iraq posed an urgent threat and was aggressively pursuing nuclear weapons. That is fraud.

It can hardly be disputed, finally, that the Bush Administration's intentional misrepresentations were designed to interfere with the lawful governmental function of Congress. They presented a complex deceit about Iraq to both the public and to Congress in order to manipulate Congress into authorizing foreign action. Legally, it doesn't matter whether anyone was deceived, although many were. The focus is on the perpetrators' state of mind, not that of those they intentionally set about to mislead.

The evidence shows, then, that from early 2002 to at least March 2003, the President and his aides conspired to defraud the United States by intentionally misrepresenting intelligence about Iraq to persuade Congress to authorize force, thereby interfering with Congress's lawful functions of overseeing foreign affairs and making appropriations, all of which violates Title 18, United States Code, Section 371.

To what standards should we hold our government officials? Certainly standards as high as those Bush articulated for corporate officials. Higher, one would think. The President and Vice President and their appointees take an oath to defend the Constitution and the laws of the United States. If they fail to leave their campaign tactics and deceits behind--if they use the Oval Office to trick the public and Congress into supporting a war--we must hold them accountable. It's not a question of politics. It's a question of law.

War Profiteer Blackwater Faces Trial


Blackwater, controlled by secretive billionaire and right wing fanatic Eric Prince, has contended that it should not be subject to state court jurisdiction because it is an extension of the US military.







In a major blow to one of the most infamous war profiteers operating in Iraq, Afghanistan and New Orleans, a federal appeals court has ruled that a wrongful death lawsuit filed against the mercenary firm Blackwater USA can proceed in North Carolina's state courts. The suit was brought by the families of the four Blackwater contractors ambushed and killed in Falluja, Iraq, on March 31, 2004. Blackwater had tried to have the case dismissed or moved to federal court.

"I've been bawling ever since I've heard the decision," says Katy Helvenston, whose son Scott was killed in Falluja, his charred body hung from a bridge. "It's been overwhelming. I am so glad that they ruled this way. Blackwater has stalled and stalled. Look at the hundreds of millions of dollars in profits in Iraq and New Orleans they've made since my son was killed. It's time to go to trial and let the chips fall where they may."

The lawsuit, filed in January 2005, alleges that Blackwater cut corners in the interest of profits, leading to the brutal deaths of the four men: Scott Helvenston, Jerko "Jerry" Zovko, Mike Teague and Wes Batalona. "It has now been more than a year and a half since the lawsuit was filed, and Blackwater has managed to stall and frustrate the litigation," Marc Miles, an attorney for the families, told me. "I anticipate that this matter will now be on a fast track to trial, and believe that a jury will ultimately find Blackwater liable for its wrongful conduct in causing the deaths of these four Americans."

In its motion to dismiss the case in federal court, Blackwater argued that the families of the four men are entitled only to government insurance payments under the federal Defense Base Act. Many firms specializing in contractor law advertise the DBA as the best way for corporations servicing the war to avoid being sued. "What Blackwater is trying to do is to sweep all of their wrongful conduct into the Defense Base Act," says Miles. Blackwater spokesperson Chris Taylor
told the Associated Press, "We are reviewing the decision."

Blackwater argued in its appeal that the four men "were performing a classic military function … with authorization from the Office of the Secretary of Defense that classified their missions as 'official duties' in support of the Coalition Provisional Authority" and therefore any court, federal or state, "may not impose liability for casualties sustained in the battlefield in the performance of these duties." In other words, because Blackwater was supporting the occupation with its forces, the company is immune from damages or lawsuits. The court said this argument "proves too much" to permit, saying Blackwater's "constitutional interpretations" were "too extravagantly recursive for us to accept."

The ruling Thursday by the three-judge panel of the 4th U.S. Circuit Court of Appeals gives "the green light" to a trial that the families believe will show that Blackwater was ultimately responsible for the deaths of their loved ones, says attorney Miles. The incident sparked the first U.S. siege of Falluja, in April 2004, resulting in the deaths of more than 600 Iraqis.

"The message that this ruling sends to Blackwater is that it must now face the evidence in this case, including answering tough questions and producing critical documents, which it has refused to do for more than a year and a half," says Miles. "Blackwater cannot be allowed to get away with murder and that's what they're trying to do," adds Helvenston. "There's got to be accountability."

Jeremy Scahill, an independent journalist who reports frequently for the national radio and TV program Democracy Now!, has spent extensive time reporting from Iraq and Yugoslavia. He is currently a Puffin Writing Fellow at The Nation Institute.
(c) 2006 Independent Media Institute. All rights reserved.

View this story online at: http://www.alternet.org/story/40853/

- more -
http://www.huffingtonpost.com/rick-jacobs/judge-to-blackwater-sta_b_35129.html

Friday, November 10, 2006

MSNBC LIVE INTERNET SURVEY: DO YOU THINK BUSH SHOULD BE IMPEACHED.......


MSNBC LIVE INTERNET SURVEY: DO YOU THINK BUSH SHOULD BE IMPEACHED.......



RESULTS:

Yes, between the secret spying, the deceptions leading to war and more, there is plenty to justify putting him on trial.
87%

No, like any president, he has made a few missteps, but nothing approaching "high crimes and misdemeanors."
4.4%

No, the man has done absolutely nothing wrong. Impeachment would just be a political lynching.
7.2%

I don't know.
1.8%

Thursday, October 12, 2006

The Face of Genocide ?

(from Alternet)

Study: More Than 600,000 Dead in Iraq
By John Tirman


The new mortality survey of Iraq that estimates 600,000 deaths by violence is startling and should alter the way America thinks about this war.





The John Hopkins University researchers were meticulous about the methods used to randomly choose the survey sites and analyze the data. It is state-of-the-art work, and its accuracy is not an issue. The survey is the only scientific account of the war dead. There is no other, and those who publicly dismiss the findings must offer an alternative. There is none. Every other account is deeply flawed in method, and this one is not. It is standard in epidemiology and disaster response.

The survey, which my Center helped organize, is available here.

Just two weeks ago, the Washington Post published a survey of Iraqi attitudes toward the United States and the war. The survey, conducted by the State Department, revealed that enormous majorities blamed the United States for the violence and wanted us to leave Iraq. Another poll from the University of Maryland published the next day confirmed that sentiment and also reported that 60 percent of Iraqis support attacks on U.S. troops. The Johns Hopkins mortality survey and these polls go hand-in-hand. The Iraqi attitudes are difficult to grasp unless the violence people suffer is an enormous, daily threat to them.

The implications of this level of mayhem are profound. Most obviously, the United States is not providing security. It is not viewed by the Iraqi people as doing so, and the death rate confirms why these attitudes are so firmly held. The "mission" is not being accomplished, and if trend lines are an indication, the mission is deteriorating rapidly. The debate about withdrawing must be waged in this context.

It is conceivable that the application of force by the U.S. military is making things worse. Again, this is what Iraqis believe. A number of explanations for the violence see insurgent action in particular as "defensive" -- that is, the insurgents believe they are defending their communities. Because the United States went in with a relatively small number of troops, more force was applied to compensate for those inadequate numbers. (That does not mean, however, that larger numbers would have changed the course of the war.) This strategy has perhaps stirred the insurgency as much as any other plausible factor, and the growing violence then generates itself in a giant feedback loop: the United States attacks a village where they think insurgents are harbored, and this produces more insurgents who then act violently, exacting a new U.S. military response, and so on and so on.

Many of the journalistic accounts of the war, such as Thomas Ricks' "Fiasco," suggest that this may be what is occurring. At the same time, journalists are only seeing a tiny fraction of what goes on in Baghdad, what Dexter Filkins of the New York Times describes as 2 percent of the entire country, and thus their scope is very limited in seeing the violence, accounting for the dead, or drawing out the broader meaning. As a result, we have very little understanding of how the violence affects everything -- politics, ethnic and sectarian divisions, the hundreds of thousands displaced (another invisible statistic), the many thousands leaving Iraq in droves, the deterioration of the public health care system, and every other dimension of life and death in Iraq.

This is what we need to concentrate on as the discussion of the mortality survey unfolds. Even if there were a large sampling error in the survey -- which there does not seem to be -- the numbers would be colossal in scale. And it is the meaning of these colossal numbers that we must debate. We now have empirical evidence of the scale of this human disaster. In that light, what is best for Iraq? How can such violence be ended? How can the United States carve out a constructive role from the ruins of its intervention?

Let's honor the dead of Iraq by grappling realistically with their tragedy and forge a way to ensure that this horrific human cost does not continue to mount.

John Tirman is executive director of MIT's Center for International Studies.
© 2006 Independent Media Institute. All rights reserved.



The numbers do add up

The attempts to rubbish the Lancet study on the massive Iraqi death toll are devious hack-work.

"I would surely like to see the insurgents in the ICC on war crimes charges, but the Nuremberg convention was also correct to say that aggression was "the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole". The people who started this war of aggression need to face up to the fact, and that is a political issue."

Monday, October 02, 2006

The Lex Gabinia - History Repeats Itself


Pirates of the Mediterranean
by Robert Harris










In the autumn of 68 B.C. the world's only military superpower was dealt a profound psychological blow by a daring terrorist attack on its very heart. Rome's port at Ostia was set on fire, the consular war fleet destroyed, and two prominent senators, together with their bodyguards and staff, kidnapped. ... [I]n the panicky aftermath of the attack, the Roman people made decisions that set them on the path to the destruction of their Constitution, their democracy and their liberty. One cannot help wondering if history is repeating itself.

Consider the parallels. The perpetrators of this spectacular assault were not in the pay of any foreign power: no nation would have dared to attack Rome so provocatively. They were, rather, the disaffected of the earth: "The ruined men of all nations," in the words of the great 19th-century German historian Theodor Mommsen, "a piratical state with a peculiar esprit de corps."

Like Al Qaeda, these pirates were loosely organized, but able to spread a disproportionate amount of fear among citizens who had believed themselves immune from attack. To quote Mommsen again: "The Latin husbandman, the traveler on the Appian highway, the genteel bathing visitor at the terrestrial paradise of Baiae were no longer secure of their property or their life for a single moment."

What was to be done? Over the preceding centuries, the Constitution of ancient Rome had developed an intricate series of checks and balances intended to prevent the concentration of power in the hands of a single individual. The consulship, elected annually, was jointly held by two men. Military commands were of limited duration and subject to regular renewal. Ordinary citizens were accustomed to a remarkable degree of liberty: the cry of "Civis Romanus sum" — "I am a Roman citizen" — was a guarantee of safety throughout the world.

But such was the panic that ensued after Ostia that the people were willing to compromise these rights. The greatest soldier in Rome, the 38-year-old Gnaeus Pompeius Magnus (better known to posterity as Pompey the Great) arranged for a lieutenant of his, the tribune Aulus Gabinius, to rise in the Roman Forum and propose an astonishing new law.

"Pompey was to be given not only the supreme naval command but what amounted in fact to an absolute authority and uncontrolled power over everyone," the Greek historian Plutarch wrote. "There were not many places in the Roman world that were not included within these limits."

Pompey eventually received almost the entire contents of the Roman Treasury — 144 million sesterces — to pay for his "war on terror," which included building a fleet of 500 ships and raising an army of 120,000 infantry and 5,000 cavalry. Such an accumulation of power was
unprecedented, and there was literally a riot in the Senate when the bill was debated.

Nevertheless, at a tumultuous mass meeting in the center of Rome, Pompey's opponents were cowed into submission, the Lex Gabinia passed (illegally), and he was given his power. In the end, once he put to sea, it took less than three months to sweep the pirates from the entire Mediterranean. Even allowing for Pompey's genius as a military strategist, the suspicion arises that if the pirates could be defeated so swiftly, they could hardly have been such a grievous threat in the first place.

But it was too late to raise such questions. By the oldest trick in the political book — the whipping up of a panic, in which any dissenting voice could be dismissed as "soft" or even "traitorous" — powers had been ceded by the people that would never be returned. Pompey stayed in the Middle East for six years, establishing puppet regimes throughout the region, and turning himself into the richest man in the empire.

Those of us who are not Americ ans can only look on in wonder at the similar ease with which the ancient rights and liberties of the individual are being surrendered in the United States in the wake of 9/11. The vote by the Senate on Thursday to suspend the right of habeas corpus for terrorism detainees, denying them their right to challenge their detention in court; the careful wording about torture...; the admissibility of evidence obtained in the United States without a search warrant; the licensing of the president to declare a legal resident of the United States an enemy combatant — all this represents an historic shift in the balance of power between the citizen and the executive.

An intelligent, skeptical American would no doubt scoff at the thought that what has happened since 9/11 could presage the destruction of a centuries-old constitution; but then, I suppose, an intelligent, skeptical Roman in 68 B.C. might well have done the same.

In truth, however, the Lex Gabinia was the beginning of the end of the Roman republic. It set a precedent. Less than a decade later, Julius Caesar — the only man, according to Plutarch, who spoke out in favor of Pompey's special command during the Senate debate — was awarded similar, extended military sovereignty in Gaul. Previously, the state, through the Senate, largely had direction of its armed forces; now the armed forces began to assume direction of the state.

It also brought a flood of money into an electoral system that had been designed for a simpler, non-imperial era. Caesar, like Pompey, with all the resources of Gaul at his disposal, became immensely wealthy, and used his treasure to fund his own political faction. Henceforth, the result of elections was determined largely by which candidate had the most money to bribe the electorate. In 49 B.C., the system collapsed completely, Caesar crossed the Rubicon — and the rest, as they say, is ancient history.

It may be that the Roman republic was doomed in any case. But the disproportionate reaction to the raid on Ostia unquestionably hastened the process, weakening the restraints on military adventurism and corrupting the political process. It was to be more than 1,800 years before anything remotely comparable to Rome's democracy — imperfect though it was — rose again.

The Lex Gabinia was a classic illustration of the law of unintended consequences: it fatally subverted the institution it was supposed to protect. Let us hope that vote in the United States Senate does not have the same result.

Saturday, September 30, 2006

This Time, Congress Has No Excuse












By Andrew Cohen - The Washington Post

Of all the stupid, lazy, short-sighted, hasty, ill-conceived, partisan-inspired, damage-inflicting, dangerous and offensive things this Congress has done (or not done) in its past few recent miserable terms, the looming passage of the terror detainee bill takes the cake. At least when Congress voted to authorize the Iraq War legislators can point to the fact that they were deceived by Administration officials. But what's Congress' excuse now for agreeing to sign off on a law that would give the executive branch even more unfettered power over the rest of us than it already has?

It just keeps getting worse. This morning, esteemed Yale Law professor Bruce Ackerman published this fine essay in the Los Angeles Times. His lead? "Buried in the complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.

"This dangerous compromise," Professor Ackerman continued, "not only authorizes the president to seize and hold terrorists who have fought against our troops 'during an armed conflict,' it also allows him to seize anybody who has 'purposefully and materially supported hostilities against the United States.' This grants the president enormous power over citizens and legal residents. They can be designated as enemy combatants if they have contributed money to a Middle Eastern charity, and they can be held indefinitely in a military prison."

Scary enough for you? But wait, there is more. The legislation also appears to allow illegally-obtained evidence-- from overseas or right here at home-- to be used against enemy combatants (which gives you an idea of where this Congress really stands on the National Security Agency's domestic spying program). And wait, there is this: the Administration's horrible track record when it comes to identifying "enemy combatants" and then detaining them here in the States. Two of the most famous ones, Yaser Hamdi and Jose Padilla, both ended up having the highest courts in our land back up their legal claims, which is why the government had to release Hamdi outright and then turn Padilla over to the regular civilian courts (where he is a defendant in a weak case against him).

Do you believe the Administration has over the past five years earned the colossal expanse of trust the Congress is about to give it in the name of fighting terrorism? Do you believe that Administration officials will be able to accurately and adequately identify so-called "enemy combatants" here at home so as to separate out the truly bad guys from the guys who just happen to be in the wrong place at the wrong time? Did you want your legislative branch to abdicate so completely its responsibility to ensure that there are adequate checks and balances upon executive power even in a time of terror? You might have answered "no" to all three questions. But your answer doesn't matter. And neither does mine. To Congress, the answer is "yes, sir." Our Congress is about to make yet another needless mistake in the war on terror and this time the folks making it won't be able to say that the White House tricked them into it.


Sunday, September 24, 2006

McCain, Graham and Warner Capitulate

They compromised away our basic values





Gutting habeas corpus is no way to restore America's moral standing.












St. Petersburg Times Editorial

After all the fuss and noise made by three Republican senators who stood in the way of the Bush administration's military tribunals legislation, they quietly capitulated when the pressure was turned up. The "compromise" they reached with the White House is a serious disappointment that will do little to resurrect America's international standing as an upright actor and moral leader.

Republican Sens. John McCain, Lindsey Graham and John Warner had it about right when they insisted that the Geneva Conventions as written be respected for every prisoner, including terror suspects. They were right to demand that any military tribunal system would have to include basic due process protections, including the right of the accused to know the evidence used against him, and the exclusion of any evidence obtained through coercive means. These are baseline principles that should not be compromised. We would accept no lesser standard for an American captured by a foreign power.

But by entering into negotiations with the White House on these key points, McCain, Graham and Warner demonstrated a willingness to horse-trade our bedrock values in exchange for an agreement where everybody claims victory and essential protections are lost.

The senators do deserve credit for their resistance. Unlike so many other Republicans, they were unwilling to adopt whatever was put forward. Because of that, the administration was forced to grant prisoners the right to see all evidence used against them. That is an important concession.

But the senators gave the rest away. Under the "compromise," evidence obtained through coercive means could be used if a judge finds it reliable and probative. The president also would be given the explicit power to interpret aspects of the Geneva Conventions, opening the door for the continued use of abusive interrogation techniques.

Habeas corpus protections also would be gutted. Detainees would be barred from going before a judge to challenge their treatment and indefinite detention. And the legislation would retroactively excuse brutal and illegal conduct by civilian interrogators under the War Crimes Act, leaving members of the military to stand alone in answering for the abuse of prisoners.

If the point of the stand by McCain and the others was to bring our treatment of detainees into the realm of recognized civilized conduct, the "compromise" measure falls far short. As Bush adviser Dan Bartlett told the New York Times, the president essentially got what he wanted on the Geneva Conventions. "This is more of the scenic route, but it gets us there," Bartlett said.

The case of Maher Arar, a Canadian citizen kidnapped by the CIA, illustrates how damaging the continuation of Bush's corrosive policies would be to our national character and national security.

Our government sent Arar to Syria, convinced he had terrorist connections. Arar was then tortured until he signed a confession that he had been in Afghanistan training in an al-Qaida camp. After a thorough investigation by Canada, it turns out that Arar was completely innocent and had never been to Afghanistan.

Innocent people will admit to anything to stop abusive interrogations, including implicating others and outlining phantom plots. Then we have to deploy valuable manpower to track down those worthless leads.

Arar's case has been an international disgrace, yet Bush refuses to apologize or hold anyone responsible for the actions taken against this man. Instead, he pushes for the power to do the same to others. This cannot be making us safer.

The Senate should not move forward on any legislation that does not uphold the core America values of humanity and fair process. This "compromise" doesn't come close.

Friday, September 15, 2006

The Best War Ever!

"How are nations ruled and led into war? Politicians lie to journalists and then believe those lies when they see them in print."

—Austrian journalist Karl Wiegand, explaining the causes of the First World War.



The Best War Ever, by the best-selling authors of Weapons of Mass Deception, is a vital account of why America is losing in Iraq and the Middle East. We have met the enemy—and it's our own PR machine.

Osama Bin Forgotten

Bush Tells Reporter Capturing Bin Laden Is 'Not A Top Priority'


"knock-knock"

"who's there?"

"nine-one-one"

"nine-one-one who?"

"Hey! I thought you said you would never forget!"


Saturday, September 09, 2006

Bush Lied: US Senate Intelligence report finds no Saddam-Al Qaeda link

Bush's False Iraq War Justifications Laid Bare

"Saddam Hussein was distrustful of al-Qaeda and viewed Islamic extremists as a threat to his regime, refusing all requests from al-Qaeda to provide material or operational support"
"One of the hardest parts of my job is to connect Iraq to the war on terror."
President Bush



The Senate Intellignce Committee has found no evidence of links between the regime of Saddam Hussein and al-Qaeda.

In a report issued on Friday, it also found that was little or no evidence to support a raft of claims made by the US intelligence community concerning Iraq's weapons of mass destruction.

The 400-page report was three years in the making, and is probably the definitive public account of the intelligence used to justify the invasion of Iraq.

One startling point is this:

In a poll conducted this month by Opinion Research Corporation for CNN, a sample of American adults was asked: "Do you think Saddam Hussein was personally involved in the 11 September terrorist attacks, or not?"

Forty-three percent of those polled answered yes, they believed Saddam was personally involved.

Even though it is well-established that Saddam Hussein was no ally of al-Qaeda, nor did he possess weapons of mass destruction, the original justifications for the invasion for Iraq linger on, often in ways that have strangely mutated on their journey through politics and media.

Cheney claims 'untrue'

In fact, the intelligence agencies had been extremely cautious in suggesting links between Saddam Hussein and al-Qaeda.

It was Vice-President Dick Cheney who asserted most strongly in public that Saddam Hussein's regime and al-Qaeda had an operational relationship.

In a television interview in September 2003, he said there was "a relationship between Iraq and al-Qaeda that stretched back through most of the decade of the '90s... al-Qaeda sent personnel to Baghdad to get trained... the Iraqis providing bomb-making expertise and advice to the al-Qaeda organisation."

It was "clearly official policy" on the part of Iraq, he said.

Friday's report, issued by the Senate Select Committee on Intelligence, provides another definitive statement that that assertion is simply not true.

- more -

Tuesday, August 29, 2006

Rumsfeld: Bush foes lack courage on terror

A rare commentary from the publisher of this blog is preamble to today's entry:






Dear Mr. Secretary,

Bring us Bin Laden's head on a pike, and parade it through Times Square. At that time you may lecture us about "moral and intellectual confusion" and what threatens our nation's security. In the meanwhile, please quit blaming the messenger for the bad news of your failures.

Sincerely yours,

- M. Peach


SALT LAKE CITY, Utah (AP) -- Defense Secretary Donald H. Rumsfeld on Tuesday accused critics of the Bush administration's Iraq and counterterrorism policies of lacking the courage to fight terror.

In unusually explicit terms, Rumsfeld portrayed the administration's critics as suffering from "moral and intellectual confusion" about what threatens the nation's security.

Addressing several thousand veterans at the American Legion's national convention, Rumsfeld recited what he called the lessons of history, including the failed efforts to appease the Adolf Hitler regime in the 1930s.

- more -

Saturday, August 26, 2006

Nuremberg Prosecutor says Bush Should Stand Trial For War Crimes

(from Benjamin Ferencz, Chief Prosecutor)

















Bush and Saddam Should Both Stand Trial, Says Nuremberg Prosecutor
Aaron Glantz OneWorld US

A chief prosecutor of Nazi war crimes at Nuremberg has said George W. Bush should be tried for war crimes along with Saddam Hussein. Benjamin Ferencz, who secured convictions for 22 Nazi officers for their work in orchestrating the death squads that killed more than 1 million people, told OneWorld both Bush and Saddam should be tried for starting "aggressive" wars--Saddam for his 1990 attack on Kuwait and Bush for his 2003 invasion of Iraq.

"Nuremberg declared that aggressive war is the supreme international crime," the 87-year-old Ferencz told OneWorld from his home in New York. He said the United Nations charter, which was written after the carnage of World War II, contains a provision that no nation can use armed force without the permission of the UN Security Council.

Ferencz said that after Nuremberg the international community realized that every war results in violations by both sides, meaning the primary objective should be preventing any war from occurring in the first place.

He said the atrocities of the Iraq war--from the Abu Ghraib prison scandal and the massacre of dozens of civilians by U.S. forces in Haditha to the high number of civilian casualties caused by insurgent car bombs--were highly predictable at the start of the war.

"Every war will lead to attacks on civilians," he said. "Crimes against humanity, destruction beyond the needs of military necessity, rape of civilians, plunder--that always happens in wartime. So my answer personally, after working for 60 years on this problem and [as someone] who hates to see all these young people get killed no matter what their nationality, is that you've got to stop using warfare as a means of settling your disputes."

Ferencz believes the most important development toward that end would be the effective implementation of the International Criminal Court (ICC), which is located in the Hague, Netherlands.

The court was established in 2002 and has been ratified by more than 100 countries. It is currently being used to adjudicate cases stemming from conflict in Darfur, Sudan and civil wars in Uganda and the Democratic Republic of the Congo.

But on May 6, 2002--less than a year before the invasion of Iraq--the Bush administration withdrew the United States' signature on the treaty and began pressuring other countries to approve bilateral agreements requiring them not to surrender U.S. nationals to the ICC.

Three months later, George W. Bush signed a new law prohibiting any U.S. cooperation with the International Criminal Court. The law went so far as to include a provision authorizing the president to "use all means necessary and appropriate," including a military invasion of the Netherlands, to free U.S. personnel detained or imprisoned by the ICC.

That's too bad, according to Ferencz. If the United States showed more of an interest in building an international justice system, they could have put Saddam Hussein on trial for his 1990 invasion of Kuwait.

- more -

Tuesday, August 22, 2006

Busted, again

(from The Baltimore Chronicle)
"For the second time in two months, a federal court has ruled that the president is in violation of the Constitution.

The clear result of the Supreme Court's ruling is that President Bush is a war criminal."





Bush is Two Times a Criminal
by DAVID LINDORFF

For the second time in two months, a federal court has ruled that the president is in violation of the Constitution. This time it's a federal court in Detroit that has ruled that President Bush has violated the Fourth Amendment against illegal search and seizure for his order to the National Security Agency to monitor the phone and Internet messages of Americans without bothering to obtain a court order based upon probable cause.

The first time, it was the U.S. Supreme Court, which ruled in late June that the president had violated the Constitution by asserting he had the power to ignore the Third Geneva Convention on Treatment of Prisoners of War--a treaty formally signed into law by the U.S. and made an integral part of the U.S. Criminal Code.

The important thing about these two rulings (and it is a point that the squeamish mainstream media have shied away from mentioning) is that they both are declaring the president to be a criminal. That is, he has been found in the first case to be in criminal violation of the Constitution, as well as the Foreign Intelligence Surveillance Act of 1978, and in the second, he has been found to be in violation of U.S. and International Law.

Note that when someone has committed a felony (say a bank robbery or a case of assault and battery or of murder) and when a court has found that person to be guilty of the crime in question, that person is from that moment hence considered a criminal. The case may be appealed to a higher court, but in the meantime, judgment has been rendered, and a penalty assigned.

In Bush's case, the highest court in the land has reached its verdict in the War Crimes case involving Bush's claim that as Commander in Chief he had the power to ignore both law and Constitution and declare captives in the so-called war on terror and in the wars in Afghanistan and Iraq to be excluded from the protections of the Geneva convention.

The justices, by a margin of 5-3, declared that his claim was bogus. He has no power to ignore the Constitution, whether in wartime or peacetime. The clear result of that ruling is that the president is a war criminal.

The latest federal court decision, in a case brought by the ACLU, has reached the same conclusion, and on the same grounds. The president has been claiming that as commander in chief, he has the right to ignore both the FISA law passed by Congress and signed into law by President Jimmy Carter, and the Fourth Amendment of the Constitution.

A federal judge has again found that his claim is bogus. The president, the judge has declared, is bound by the Constitution to follow the letter of the law, and has criminally failed to do so.

Now there has been no penalty established in either of these crimes, serious as they are, because under the Constitution, the president cannot be convicted or punished by a court unless he is first impeached and removed from office, but the facts of his serial criminal behavior has been established.

It is important to point out, as Barbara Olshansky and I have done in our book The Case for Impeachment, that impeachment is not, primarily, about actual criminal acts by a president. The Founders, when they included impeachment as a remedy for removing elected officials, including the president, from office, were clear that they were primarily concerned about political crimes, which may or may not be literally against the law. Such crimes, it is clear, referred to actions that threatened the political system--for example abuse of power, or lying to Congress or to the American people.

At the same time, it is also clear that the Founders saw impeachment as an appropriate measure when a president actually breaks the law, if the violation is so serious as to threaten the political system or the welfare of the American people. So even if a higher court later overturned the Detroit federal court's decision, Congress could still determine that the president had committed a political crime against the Constitution in authorizing warrantless domestic spying, and could
impeach him.

What Bush and his administration have done in both of these cases falls clearly into that category. By claiming to be above the law and even above the Constitution, the president has in both the NSA spying case and in the Geneva Conventions case, claimed the power of an absolute despot. He has asserted that in time of war--including a so-called "war" on terror which clearly has nothing to do with an actual war--he operates without any checks and balances or any oversight.

He has twisted the role of commander in chief, which the Founders included in the powers of the presidency solely to insure that there would be a civilian responsible to the citizenry above any general, into the role of a generalissimo--a military ruler in charge of the entire nation.

The lock-step Republicans and spineless Democrats in Congress have not challenged this coup by lexicographical manipulation, but the judicial branch has thrown down the gantlet.

Now it is time for the People of the United States to follow up this action.

In November, all the members of the House of Representatives are up for election, along with one-third of the Senate.

For the sake of the future of Constitutional government and for the freedoms enshrined in the Constitution, it is essential that the American people wake up and replace in November all those members of Congress who have allowed this presidential dictatorship to develop unchecked.

Some critics have argued that impeachment is an unnecessary diversion from the task of government, since Bush will be gone in 2008 anyway. These people miss the point that leaving this president's crimes and constitutional affronts unchallenged and unpunished would enshrine his transgressions in the mantle of precedent, allowing the next president and her or his successors to pick up wherever Bush leaves off.

To do that would be to sign the death warrant for American democracy.

Copyright (c) 2006 The Baltimore Chronicle. All rights reserved.

Friday, August 18, 2006

Judge's ruling may provide grounds to impeach Bush

(fromCapitol Hill Blue)
























If a judge's ruling that declares President George W. Bush's domestic spying program unconstitutional holds up under appeal, the President will be guilty of violating federal law at least 30 times and that could provide grounds for impeachment, says a leading Constitutional scholar.

Jonathan Turley, law professor at George Washington University and a recognized expert on constitutional law, says the ruling Thursday by a federal judge in Detroit raises "serious implications for the Bush administration" and indicates that the President "could well have committed a federal crime at least 30 times."

"This ruling is a bad situation that just got worse for the White House," says Turley. "These crimes could constitute impeachable offenses."

Turley knows a thing or two about the impeachment process. He worked with Special Prosecutor Ken Starr on the investigation that led to impeachment proceedings against former President Bill Clinton.

U.S. District Judge Anna Diggs Taylor, in a stinging indictment of Constitutional abuse by the Bush Administration over its use of warrantless wiretaps of American citizens by the National Security Agency, ruled the program violates the Administrative Procedures Act, the doctrine of separation of powers, and the First and Fourth amendments to the Constitution and ordered an immediate halt to the practice.

"There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution," Taylor wrote in her lengthy opinion.

The White House went into immediate attack mode, claiming Taylor is an activist judge appointed by a Democratic president (Jimmy Carter) and vowing to appeal the ruling all the way to the Supreme Court.

A Republican National Committee press release declared: Liberal judge backs Dem agenda to weaken national security.

Turley says such tactics are typical for the Bush White House.

"That's what's really distasteful," Turley said Thursday night on MNBC's Countdown with Keith Olbermann show. "This is not the first judge to rule against the administration. But every time a judge rules against the administration, they're either too Democratic or they're too tall or too short, or they're Pisces. I mean, it, you can, all this spin, this effort to personalize it is really doing a great injustice to our system. If you look at this opinion, it's a very thoughtful opinion. The problem is not the judge. The problem is a lack of authority. You know, when Gonzales says I've got something back in my safe, and if you could see it, you'd all agree with me, well, unless there's a federal statute in his safe, then it's not going to make a difference."

The judge's order to halt the program is stayed during the appeal process and Attorney General Alberto Gonzales vowed the domestic spying program will continue during those appeals, which could extend well beyond the end of Bush's final term in office.

Wednesday, August 16, 2006

Bush Sees No End to War on Terrorism

and you'll get your rights back as soon as it's over.














Associated Press
Tuesday, August 15, 2006

President Bush said Tuesday that the foiled plot to blow up flights between Britain and the United States is evidence the U.S. could be fighting terrorists for years to come.

"America is safer than it has been, yet it is not yet safe," Bush told reporters at the National Counterterrorism Center just outside Washington. "The enemy has got an advantage when it comes to attacking our homeland: They got to be right one time and we've got to be right 100 percent of the time to protect the American people."

The counterterrorism center is located at an undisclosed site in Northern Virginia known as Liberty Crossing. It merges hundreds of government experts and more than two dozen computer networks from various federal agencies focusing on potential threats.

Its high-tech, 24-hour operations center is among the most sophisticated in the U.S. government.

Bush received a briefing from his National Security Council and Homeland Security Council and had separate sessions with each team, attending lunch with all the officials in between.

Bush spokesman Tony Snow said the meetings focused on improving and streamlining efforts to more effectively fight terrorists. He declined to be more specific, saying that would just give notice to al-Qaida.

Bush credited the workers at the center with helping to bring about last week's arrests of more than two dozen people in England and Pakistan in what officials say was a plot to blow up as many as 10 passenger planes between Britain and the United States.

"That plot and this building and the work going on here is really indicative of the challenge we face — not only this week, but this year and the years to come," he said.

Snow said it is still not clear whether al-Qaida was involved with the plot.

"The characterizations in the past has been it has the looks of al-Qaida," Snow said. "And I'm aware of reports from other governments that it's al-Qaida. But our intelligence, at this point, does not permit us to say with confidence that that was the case."

The nation's safety looms as a major issue in the midterm elections Nov. 7. Both Republicans and Democrats are maneuvering for the political advantage in an election where control of Congress is at stake.

Democrats blamed Bush administration policies for making the country more vulnerable to outside threats.

"Five years after 9/11, al-Qaida has morphed into a global franchise operation, terror attacks have increased sharply across the world and the president has shut down the program designed to catch Osama bin Laden," Senate Democratic leader Harry Reid of Nevada said in a statement following Bush's remarks.

Sen. Carl Levin, D-Mich., in a teleconference with reporters Tuesday, accused the Bush administration of "stubbornness" and of holding an "oversimplistic" view of how to resolve Middle East tensions.

"One of the great failures of this administration has been a refusal to consider new approaches to problems," he said.

Sunday, August 13, 2006

Bush Proposes Retroactive "Get Out Of Jail Free" Card

(from FOX News)
Retroactive War Crime Protection Drafted

WASHINGTON — The Bush administration drafted amendments to the War Crimes Act that would retroactively protect policymakers from possible criminal charges for authorizing any humiliating and degrading treatment of detainees, according to lawyers who have seen the proposal.

The move by the administration is the latest effort to deal with treatment of those taken into custody in the war on terror.

At issue are interrogations carried out by the CIA, and the degree to which harsh tactics such as water-boarding were authorized by administration officials. A separate law, the Uniform Code of Military Justice, applies to the military.

The Washington Post first reported on the War Crimes Act amendments Wednesday.

One section of the draft would outlaw torture and inhuman or cruel treatment, but it does not contain prohibitions from Article 3 of the Geneva Conventions against"outrages upon personal dignity, in particular humiliating and degrading treatment."A copy of the section of the draft was obtained by The Associated Press.

The White House, without elaboration, said in a statement that the bill"will apply to any conduct by any U.S. personnel, whether committed before or after the law is enacted."

Two attorneys said that the draft is in the revision stage but that the administration seems intent on pushing forward the draft's major points in Congress after Labor Day. The two attorneys spoke on condition of anonymity because their sources did not authorize them to release the information.

"I think what this bill can do is in effect immunize past crimes. That's why it's so dangerous,"said a third attorney, Eugene Fidell, president of the National Institute of Military Justice.

Fidell said the initiative is"not just protection of political appointees, but also CIA personnel who led interrogations."

Interrogation practices"follow from policies that were formed at the highest levels of the administration,"said a fourth attorney, Scott Horton, who has followed detainee issues closely."The administration is trying to insulate policymakers under the War Crimes Act."

The Bush administration contends Common Article 3 of the Geneva Conventions includes a number of vague terms that are susceptible to different interpretations.

Extreme interrogation practices have been a flash point for criticism of the administration.

When interrogators engage in waterboarding, prisoners are strapped to a plank and dunked in water until nearly drowning.

Sen. Lindsey Graham, R-S.C., said Congress"is aware of the dilemma we face, how to make sure the CIA and others are not unfairly prosecuted."

He said that at the same time, Congress"will not allow political appointees to waive the law."

Larry Cox, Amnesty International USA's executive director, said that"President Bush is looking to limit the War Crimes Act through legislation"now that the Supreme Court has embraced Article 3 of the Geneva Conventions. In June, the court ruled that Bush's plan to try Guantanamo Bay detainees in military tribunals violates Article 3.

- more -

Wednesday, August 02, 2006

Bush Seeks Military Court Trials for Ordinary U.S. Citizens

from The Washington Post
By R. Jeffrey Smith



















White House Proposal Would Expand Authority of Military Courts

A draft Bush administration plan for special military courts seeks to expand the reach and authority of such "commissions" to include trials, for the first time, of people who are not members of al-Qaeda or the Taliban and are not directly involved in acts of international terrorism, according to officials familiar with the proposal.

The plan, which would replace a military trial system ruled illegal by the Supreme Court in June, would also allow the secretary of defense to add crimes at will to those under the military court's jurisdiction. The two provisions would be likely to put more individuals than previously expected before military juries, officials and independent experts said.

The draft proposed legislation, set to be discussed at two Senate hearings today, is controversial inside and outside the administration because defendants would be denied many protections guaranteed by the civilian and traditional military criminal justice systems.

Under the proposed procedures, defendants would lack rights to confront accusers, exclude hearsay accusations, or bar evidence obtained through rough or coercive interrogations. They would not be guaranteed a public or speedy trial and would lack the right to choose their military counsel, who in turn would not be guaranteed equal access to evidence held by prosecutors.

Detainees would also not be guaranteed the right to be present at their own trials, if their absence is deemed necessary to protect national security or individuals.

The provisions are closely modeled on earlier plans for military commissions, which the Supreme Court ruled illegal two months ago.

- more -