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PRISON News:
20080618
War
Crimes - Criminal
- Politicians
- US
- Iraq
- Afghanistan
- Guantanamo
Bay - Cuba
- Military
- Intelligence
- Prison
- Torture
- Human
- Human
Rights - Law
- Medical
- Psychological
- Science
"General
who probed Abu Ghraib says [Republican President] Bush officials committed
war crimes." ... "The Army general who led the investigation
into prisoner abuse at Iraq's Abu Ghraib prison accused the [Republican
President] Bush administration Wednesday of committing "war crimes" and
called for those responsible to be held to account." ... "The remarks by
[Major General] Maj. Gen. Antonio Taguba, who's now retired, came in a
new report that found that [United States] U.S. personnel tortured and
abused detainees in Iraq, Afghanistan and Guantanamo Bay, Cuba, using beatings,
electrical shocks, sexual humiliation and other cruel practices." ... ""After
years of disclosures by government investigations, media accounts and reports
from human rights organizations, there is no longer any doubt as to whether
the current administration has committed war crimes," Taguba wrote. "The
only question that remains to be answered is whether those who ordered
the use of torture will be held to account."" ... "Taguba, whose 2004 investigation
documented chilling abuses at Abu Ghraib, is thought to be the most senior
official to have accused the administration of war crimes. "The commander
in chief and those under him authorized a systematic regime of torture,"
he wrote." ... "The group Physicians for Human Rights, which compiled the
new report, described it as the most in-depth medical and psychological
examination of former detainees to date." ... "Also this week, a probe
by the Senate Armed Services Committee revealed how senior Pentagon officials
pushed for harsher interrogation methods over the objections of top military
lawyers. Those methods later surfaced in Afghanistan and Iraq." -By
Warren
P. Strobel -McClatchyDC.com
Special
Report - Noteworthy
- US
- Guantanamo
Bay - Cuba
- Military
- Intelligence
- Torture
- War
Crimes - Prison
- Investigation
- Legal
- Rights
- Religious
- Terrorism
- School
- Politics
"Guantanamo
Bay detainees investigation." ... "An eight-month
McClatchy investigation of the detention system created after the [September]
Sept. 11 terrorist attacks has found that the [United States] U.S. imprisoned
innocent men, subjected them to abuse, stripped them of their legal rights
and allowed Islamic militants to turn the prison camp at Guantanamo Bay,
Cuba into a school for jihad."
"
-McClatchyDC.com
Torture
- Crimes
- Unlawful
- US
- Iraq
- Afghanistan
- Guantanamo
Bay - Cuba
- Military
- Intelligence
- Prison
- Terrorism
- War
Crimes - Politics
- Human
- Rights
- Medical
- Psychological
- Science
"Broken
Laws, Broken Lives: Medical Evidence of Torture by
the US." ... "About: Broken Laws, Broken Lives shows the
human consequences of harsh and unlawful US interrogation practices. This
landmark report reveals the excruciating pain and continued suffering of
men who, never charged with any crime, endured torture at US detention
facilities in Iraq, Afghanistan, and Guantánamo Bay [Cuba]. Based
on internationally accepted standards for clinical assessment of torture
claims, the report documents practices used to bring about long-lasting
pain, terror, humiliation, and shame for months on end." -Physicians
for Human Rights -BrokenLives.info
20080605
John
McCain - Corporate
- Military
- Government
- Telecommunications
- Surveillance
- Amnesty
- Politics
- Intelligence
- John
Yoo - Torture
- Detainee
- Human
Rights - Enforcement
- Florida
- 2008
Election
"McCain
tangled in flip-flop flap over wiretapping immunity."
... "A series of statements about immunizing telecommunications companies
that violated federal wiretapping laws have become something of an embarrassment,
and perhaps even a problem, for [2008 Election Republican] John McCain's
presidential campaign." ... "The statements revolve around whether McCain,
like [Republican] President Bush, supports legislation that could be voted
on this month extending retroactive immunity to those companies and perhaps
many more." ... "In 2005, at least, McCain was in favor of letting
the courts decide whether
AT&T
and other telecos violated the law." ... "... [Late December 2007]
McCain told
the Boston Globe this: "I think that presidents have the obligation to
obey and enforce laws that are passed by Congress and signed into law by
the president, no matter what the situation is."" ... "But after McCain
became the all-but-official nominee, his political principles appear to
have become more malleable. He voted
in February for retroactive immunity -- even though there were no explicit
statements telling AT&T and other telecommunications companies that
this is not a "blessing." There were no deals providing for "oversight
hearings." And there certainly were no "provisions" to ensure this won't
happen again." ... "Our story may have ended there. Except that campaign
representative Chuck Fish (not an actual campaign lawyer, as has been incorrectly
reported, but a surrogate) subsequently suggested
that his candidate still wanted "hearings," which The Washington Post
picked
up on last week. McCain's campaign fired off a nastygram to the Post
saying that their candidate's "position on immunity has not changed.""
... "Meanwhile, McCain was questioned about his position at a town hall
meeting the next day -- he replied that Congress needs to "have hearings"
-- which The Wall Street Journal dutifully reported.
The fuss became enough to prompt the conservative National Review
to begin questioning McCain's the-executive-can-wiretap-as-it-pleases credentials.
Salon entered
the fray too." ... "[Florida Democratic Representative] Rep. Robert
Wexler of Florida, who is a member of the House Judiciary committee, sent
us this statement on Wednesday:"
"I
am appalled by Senator John McCain's reaffirmation of support for the use
of warrantless wiretapping on American citizens. Senator McCain has once
again chosen to align himself with President George Bush, whose reprehensible
spying program on Americans is a grave threat to our Constitutions guarantees
of privacy and limited executive power. It is clear that Senator McCain,
President Bush, and their Republican allies in Congress will continue to
use scare tactics and fear mongering to claim that a president can simply
chose to ignore America's laws... Senator McCain opposes a bipartisan House
compromise bill that preserves appropriate court review of all surveillance
of US citizens and gives judges the discretion to review all the necessary
documents related to telecom lawsuits without offering blanket immunity."
"Yet
there's a more important issue here, which is why the neo-cons are pressing
McCain to adhere to the Bush administration's line. And that's the administration's
theory of the so-called unitary
executive, which says that the president's use of military force cannot
be reviewed by courts." ... "McCain's earlier statements -- especially
where he says presidents must "obey and enforce laws that are passed by
Congress" -- seem to question the administration's interpretation. Beyond
wiretapping, that touches on topics such as John Yoo's so-called torture
memos, the applicability of the Geneva Convention to detainees, Bush's
signing statements, and military commissions. Questioning the justifications
for Bush's warrantless wiretapping means questioning the rest; no wonder
McCain seems a little worried about where this may lead." -By
Declan
McCullagh -CNET
[note: The conservative/Republican
opinion magazine National Review supports lawless surveillance.]
20080602
US
- Military
- Intelligence
- Government
- Politics
- Unlawful
- Iraq
- Afghanistan
- Torture
- Prisons
- History
- Book
"Lt.
Gen Sanchez: [Republican President] Bush Administration Guilty of "Gross
Incompetence and Dereliction of Duty"." ... "In [retired
Lieutenant General Ricardo Sanchez's book] "Wiser in Battle: A Soldier's
Story," [General] Gen. Sanchez goes into detail about various military
blunders that led to where we are today." ... "In one excerpt, published
by TIME,
Sanchez explains why there were inadequate troop levels in Iraq for a time:"
[From
retired Lieutenant General Ricardo Sanchez's book, "Wiser in Battle: A
Soldier's Story:]
""CENTCOM
had originally called for twelve to eighteen months of Phase IV activity
with active troop deployments. But then CENTCOM had completely walked away
by simply stating that the war was over and Phase IV was not their job.""
... ""That decision set up the United States for a failed first year in
Iraq. There is no question about it. And I was supposed to believe that
neither the Secretary of Defense nor anybody above him knew anything about
it? Impossible! Rumsfeld knew about it. Everybody on the NSC [National
Security Council] knew about it, including Condoleezza Rice, George Tenet,
and Colin Powell. [Republican] Vice President Cheney knew about it. And
[Republican] President Bush knew about it."" ... ""There's not a doubt
in my mind that they all embraced this decision to some degree. And if
it had not been for the moral courage of [General] Gen. John Abizaid to
stand up to them all and reverse Franks's troop drawdown order, there's
no telling how much more damage would have been done."" ... ""In the meantime,
hundreds of billions of taxpayer dollars were unnecessarily spent, and
worse yet, too many of our most precious military resource, our American
soldiers, were unnecessarily wounded, maimed, and killed as a result. In
my mind, this action by the Bush administration amounts to gross incompetence
and dereliction of duty.""
"In
an excerpt published on NPR's
website, Sanchez writes[:]"
[From
retired Lieutenant General Ricardo Sanchez's book, "Wiser in Battle: A
Soldier's Story:]
""In
the aftermath of the terrorist attacks of September 11, 2001, I watched
helplessly as the [Republican President] Bush administration led America
into a strategic blunder of historic proportions. It became painfully obvious
that the executive branch of our government did not trust its military.
It relied instead on a neoconservative ideology developed by men and women
with little, if any, military experience. Some senior military leaders
did not challenge civilian decision makers at the appropriate times, and
the courageous few who did take a stand were subsequently forced out of
the service...I saw the cynical use of war for political gains by elected
officials and acquiescent military leaders. I learned how the pressure
of a round-the-clock news cycle could drive crucial decisions.
I witnessed those resulting political decisions override military requirements
and judgments and, in turn, create conditions that caused unnecessary harm
to our soldiers on the ground..."" ... ""Over the fourteen months of my
command in Iraq, I witnessed a blatant disregard for the lives of our young
soldiers in uniform. It is an issue that constantly eats away at me.["]"
"And
regarding Abu Ghraib, Sanchez writes -- according to Eli Lake of the New
York Sun -- that the [United States] U.S. was torturing prisoners."
... "A remarkable admission."
[From
retired Lieutenant General Ricardo Sanchez's book, "Wiser in Battle: A
Soldier's Story:]
"During
the last few months of 2002, while the highest levels of the U.S. government
were sparring with Saddam Hussein and setting up the case for an invasion
of Iraq, there is irrefutable evidence that America was torturing and killing
prisoners in Afghanistan...In retrospect, the Bush administration's new
policy triggered a sequence of events that led to the use of harsh interrogation
tactics against not only al Qaeda prisoners, but also eventually prisoners
in Iraq—in spite of our best efforts to restrain such unlawful conduct.""
-By
Jake Tapper -ABCNEWS.com
20080520
-
US
- Chinese
- Torture- Intelligence
- Politics
- Guantanamo
Bay - Cuba
- Military
- Government
- Prison
- Investigation
- Law
- "Report:
U.S. Soldiers Did 'Dirty Work' for Chinese Interrogators:
Alleges Guantanamo Personnel Softened Up Detainees at Request of Chinese
Intelligence." ... "U.S. [United States] military personnel at Guantanamo
Bay [Cuba] allegedly softened up detainees at the request of Chinese intelligence
officials who had come to the island facility to interrogate the men --
or they allowed the Chinese to dole out the treatment themselves, according
to claims in a new government report." ... "Buried in a Department of Justice
report released Tuesday are new allegations about a 2002 arrangement between
the United States and China, which allowed Chinese intelligence to visit
Guantanamo and interrogate Chinese Uighurs held there." ... "According
to the report by Justice Department Inspector General Glenn Fine, an FBI
[Federal Bureau of Investigation] agent reported a detainee belonging to
China's ethnic Uighur minority and a Uighur translator told him Uighur
detainees were kept awake for long periods, deprived of food and forced
to endure cold for hours on end, just prior to questioning by Chinese interrogators."
... "Susan Manning, a lawyer who represents several Uighurs still held
at Guantanamo, said Tuesday the allegations are all too familiar." ...
"U.S. personnel "are engaging in abusive tactics on behalf of the Chinese,"
she said Tuesday. When Uighur detainees refused to talk to Chinese interrogators
in 2002, U.S. military personnel put them in solitary confinement as punishment,
she said." ... ""Why are we doing China's dirty work?" Manning said. "Surely
we're better than that." " (1, 2)
-By Justin Rood -ABCNEWS.com
20080424
-
John
McCain - Prison
- Labor
- Alabama
- Police
- Politics
- 2008
Election - "McCain
campaign gets almost 80% off on Homewood gathering space, plus free labor
from Homewood Jail inmates." ... "[2008 Election]
Republican presidential candidate John McCain got a deal when his campaign
rented gathering space from the city of Homewood [Alabama] for a private
fundraiser earlier this week." ... "His campaign was given a discount of
about 80 percent off the standard booking rate for Rosewood Hall. In September,
Jefferson County Democrats rented the same facility and were charged the
full rate." ... "The McCain campaign was charged $250 to use two rooms
in the hall, which normally would book for $1,200 on a weeknight. The campaign
also was given free labor from Homewood City Jail inmates to set up tables
and chairs for the event, avoiding a $100 set-up fee, but did pay a standard
$50 cleaning fee." ... "Homewood Mayor Barry McCulley said the rental rate
was discounted because the event was on Monday, a slow day for business.
City Council members say they always vote on such discounts but didn't
get a say in this deal. They're upset, as are local Democrats." ... "Homewood
police Chief Phil Dodd said city jail inmates had never before set up at
Rosewood Hall, but did so at the mayor's request." (1, 2)
-By
Kim Bryan with contributions by Hannah Wolfson
-al.com

-
Criminal
- Torture
- Secret
- Military
- Prison
- Censored
- Intelligence
- Law
- Politics
- Federal
- New
York
- "CIA
Foresaw Interrogation Issues: Agency Considered Investigations
'Virtually Inevitable'." ... "The CIA [Central Intelligence Agency] concluded
that criminal, administrative or civil investigations stemming from harsh
interrogation tactics were "virtually inevitable," leading the agency to
seek legal support from the Justice Department, according to a CIA official's
statement in court documents filed yesterday." ... "The CIA said it had
identified more than 7,000 pages of classified memos, e-mails and other
records relating to its secret prison and interrogation program, but maintained
that the materials cannot be released because they relate to, in part,
communications between CIA and Justice Department attorneys or discussions
with the [Republican President Bush] White House." ... "Nineteen of those
documents were withheld from disclosure specifically because the Bush administration
decided they are covered by a "presidential communications privilege,"
according to the filings, made in federal court in Manhattan [New York].
Some were "authored or solicited and received by the President's senior
advisors in connection with a decision, or potential decision, to be made
by the president."" ... "Although the precise content of the documents
is unknown, the agency's statements illustrate the extent to which senior
White House officials were involved in decision-making on CIA detentions,
interrogations, and renditions, a term for forced transfers of prisoners."
-By Dan Eggen with contributions by Julie Tate
-WashingtonPost
20080420
-
Corporate
- Government
- Psychological
- Military
- Intelligence
- Television
- Radio
- Media
- Politics
- Classified
- US
- History
- Guantánamo
- Prison
- Cuba
- Human
Rights - Justice
-
- Iraq
- Terrorism
- Cheney
- Gonzales
- "Behind
TV Analysts, Pentagon’s Hidden Hand." ... "In the
summer of 2005, the [Republican President] Bush administration confronted
a fresh wave of criticism over Guantánamo Bay [US military prison
in Cuba]. The detention center had just been branded “the gulag of our
times” by Amnesty International, there were new allegations of abuse from
United Nations human rights experts and calls were mounting for its closure."
... "The administration’s communications experts responded swiftly. Early
one Friday morning, they put a group of retired military officers on one
of the jets normally used by [Republican] Vice President Dick Cheney and
flew them to Cuba for a carefully orchestrated tour of Guantánamo."
... "To the public, these men are members of a familiar fraternity, presented
tens of thousands of times on television and radio as “military analysts”
whose long service has equipped them to give authoritative and unfettered
judgments about the most pressing issues of the post-[September]Sept. 11
world." ... "Hidden behind that appearance of objectivity, though, is a
Pentagon information apparatus that has used those analysts in a campaign
to generate favorable news coverage of the administration’s wartime performance,
an examination by The New York Times has found." ... "The effort, which
began with the buildup to the Iraq war and continues to this day, has sought
to exploit ideological and military allegiances, and also a powerful financial
dynamic: Most of the analysts have ties to military contractors vested
in the very war policies they are asked to assess on air." ... "Those business
relationships are hardly ever disclosed to the viewers, and sometimes not
even to the networks themselves. But collectively, the men on the plane
and several dozen other military analysts represent more than 150 military
contractors either as lobbyists, senior executives, board members or consultants.
The companies include defense heavyweights, but also scores of smaller
companies, all part of a vast assemblage of contractors scrambling for
hundreds of billions in military business generated by the administration’s
war on terror. It is a furious competition, one in which inside information
and easy access to senior officials are highly prized." ... "Records and
interviews show how the Bush administration has used its control over access
and information in an effort to transform the analysts into a kind of media
Trojan horse — an instrument intended to shape terrorism coverage from
inside the major TV and radio networks." ... "Analysts have been wooed
in hundreds of private briefings with senior military leaders, including
officials with significant influence over contracting and budget matters,
records show. They have been taken on tours of Iraq and given access to
classified intelligence. They have been briefed by officials from the White
House, State Department and Justice Department, including Mr. Cheney, Alberto
R. Gonzales and Stephen J. Hadley." ... "In turn, members of this group
have echoed administration talking points, sometimes even when they suspected
the information was false or inflated. Some analysts acknowledge they suppressed
doubts because they feared jeopardizing their access." ... "A few expressed
regret for participating in what they regarded as an effort to dupe the
American public with propaganda dressed as independent military analysis."
... "Many also shared with Mr. Bush’s national security team a belief that
pessimistic war coverage broke the nation’s will to win in Vietnam, and
there was a mutual resolve not to let that happen with this war." ... "This
was a major theme, for example, with Paul E. Vallely, a Fox News analyst
from 2001 to 2007. A retired Army general who had specialized in psychological
warfare, Mr. Vallely co-authored a paper in 1980 that accused American
news organizations of failing to defend the nation from “enemy” propaganda
during Vietnam." ... "“We lost the war — not because we were outfought,
but because we were out Psyoped,” he wrote. He urged a radically new approach
to psychological operations in future wars — taking aim at not just foreign
adversaries but domestic audiences, too. He called his approach “MindWar”
— using network TV and radio to “strengthen our national will to victory.”"
(1,
2,
3,
4,
5,
6,
7,
8,
9,
10,
11,
DOCUMENTS)
-By David
Barstow -NYTimes
WATCH
- "How
the Pentagon Spread Its Message." ... "David Barstow,
an investigative reporter for The Times, examines primary source documents
detailing the Pentagon’s response to criticism of then-Secretary of Defense
Donald H. Rumsfeld by a group of prominent retired generals." -By
David
Barstow -NYTimes
20080410
-
Investigation
- Classified
- Military
- Intelligence
- Torture
- Prisons
- US
- Afghanistan
- Guantanamo
- Cuba
- Iraq
- International
- "Exclusive:
Pentagon delays report on FBI role in detainee abuse."
... "The release of a report on the FBI's [Federal Bureau of Investigation]
role in the interrogations of prisoners in Afghanistan, Guantanamo Bay
[Cuba] and Iraq has been delayed for months because the Pentagon is reviewing
how much of it should remain classified, according to the Justice Department's
watchdog." ... "Glenn Fine, the Justice Department's inspector general,
told McClatchy that his office has pressed the Defense Department to finish
its review, but officials there haven't completed the process "in a timely
fashion."" ... "Fine is investigating whether FBI employees participated
in detainee abuse, whether they witnessed or reported incidents of abuse,
and how such reports were handled by the bureau." ... "Fine launched his
investigation into the FBI's role in the interrogations in early 2005 amid
disclosures that FBI agents had witnessed and complained about harsh interrogation
practices of detainees, including seeing Guantanamo Bay detainees who had
defecated and urinated on themselves and who had been chained on the floor
for more than 24 hours without food or water in more than 100 degree temperatures."
... "The delays come as the [Republican President] Bush administration
is under fire for its legal justifications of harsh interrogation practices,
which critics say equated to an endorsement of torture prohibited by U.S.
[United States] and international laws." -By
Marisa
Taylor -McClatchyDC.com
20080409
-
Dick
Cheney
- John
Ashcroft - Jay
Scott Bybee - Torture
- War
Crimes - Military
- Government
- Intelligence
- Terrorism
- US
- International
- Law
- Secret
- Politics
- Prisoners
- "Sources:
Top Bush Advisors Approved 'Enhanced Interrogation':
Detailed Discussions Were Held About Techniques to Use on al Qaeda Suspects."
... "In dozens of top-secret talks and meetings in the [Republican President
Bush] White House, the most senior Bush administration officials discussed
and approved specific details of how high-value al Qaeda suspects would
be interrogated by the Central Intelligence Agency, sources tell ABC News."
... "The so-called Principals who participated in the meetings also approved
the use of "combined" interrogation techniques -- using different techniques
during interrogations, instead of using one method at a time -- on terrorist
suspects who proved difficult to break, sources said." ... "Highly placed
sources said a handful of top advisers signed off on how the CIA [Central
Intelligence Agency] would interrogate top al Qaeda suspects -- whether
they would be slapped, pushed, deprived of sleep or subjected to simulated
drowning, called waterboarding." ... "The high-level discussions about
these "enhanced interrogation techniques" were so detailed, these sources
said, some of the interrogation sessions were almost choreographed -- down
to the number of times CIA agents could use a specific tactic." ... "The
advisers were members of the National Security Council's Principals Committee,
a select group of senior officials who met frequently to advise President
Bush on issues of national security policy." ... "At the time, the Principals
Committee included Vice President Cheney, former National Security Advisor
Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State
Colin Powell, as well as CIA Director George Tenet and Attorney General
John Ashcroft." ... "Critics at home and abroad have harshly criticized
the interrogation program, which pushed the limits of international law
and, they say, condoned torture. Bush and his top aides have consistently
defended the program. They say it is legal and did not constitute torture."
... "Lawyers in the Justice Department had written a classified memo, which
was extensively reviewed, that gave formal legal authority to government
interrogators to use the "enhanced" questioning tactics on suspected terrorist
prisoners. The August 2002 memo, signed by then head of the Office of Legal
Counsel Jay Bybee, was referred to as the so-called "Golden Shield" for
CIA agents, who worried they would be held liable if the harsh interrogations
became public." (1, 2,
3,
4)
-By Jan Crawford Greenburg, Howard L. Rosenberg and
Ariane de Vogue -ABCNEWS.com
20080406
-
John
C Yoo - Torture- War
Crimes - Criminal
- Military
- Intelligence
- Law
- Language
- Politics
- Terrorism
- Government
- Prisoners
- Human
Rights - California
- Indiana
- "Permissible
Assaults Cited in Graphic Detail." ... "Thirty pages
into a memorandum discussing the legal boundaries of military interrogations
in 2003, senior [Republican President Bush's deputy Office of Legal Counsel]
Justice Department lawyer John C. Yoo tackled a question not often asked
by American policymakers: Could the president, if he desired, have a prisoner's
eyes poked out?" ... "Or, for that matter, could he have "scalding water,
corrosive acid or caustic substance" thrown on a prisoner? How about slitting
an ear, nose or lip, or disabling a tongue or limb? What about biting?"
... "These assaults are all mentioned in a U.S. [United States] law prohibiting
maiming, which Yoo parsed as he clarified the legal outer limits of what
could be done to terrorism suspects as detained by U.S. authorities. The
specific prohibitions, he said, depended on the circumstances or which
"body part the statute specifies."" ... "But none of that matters in a
time of war, Yoo also said, because federal laws prohibiting assault, maiming
and other crimes by military interrogators are trumped by the president's
ultimate authority as commander in chief." ... "It [Yoo's memorandum] repeats
an assertion in another controversial Yoo memo that an interrogation tactic
cannot be considered torture unless it would result in "death, organ failure
or serious impairment of bodily functions."" ... "Yoo, who is now a law
professor at the University of California at Berkeley [California], also
uses footnotes to effectively dismiss the Fourth and Fifth amendments to
the Constitution, arguing that protections against unreasonable search
and seizure and guarantees of due process either do not apply or are irrelevant
in a time of war." ... "Written opinions by the Office of Legal Counsel
have the force of law within the government because its staff is assigned
to interpret the meaning of statutory or constitutional language. Yoo's
2003 memo has evoked strong criticism from legal academics, human rights
advocates and military-law experts, who say that he was wrong on basic
matters of constitutional law and went too far in authorizing harsh and
coercive interrogation tactics by the Defense Department." ... ""Having
81 pages of legal analysis with its footnotes and respectable-sounding
language makes the reader lose sight of what this is all about," said Dawn
Johnsen, an OLC chief during the [Democratic President Bill] Clinton administration
who is now a law professor at Indiana University [Indiana]. "He is saying
that poking people's eyes out and pouring acid on them is beyond Congress's
ability to limit a president. It is an unconscionable document."" -By
Dan Eggen -WashingtonPost
20080402
-
John
Yoo - Gonzales
- Cheney
- Addington
- War
Crimes - Criminal
- Torture
- Military
- Intelligence
- Terrorism
- Political
- Law
- Secret
- Government
- History
- Civil
Liberties - California
- US
- Guantanamo
- Cuba
- Iraq
- Prisons
- "John
Yoo's war crimes." ... "As the result of a FOIA [Freedom
of Information Act] lawsuit the ACLU [American Civil Liberties Union] filed
and then prosecuted for several years, numerous documents relating
to the [Republican President] Bush administration's torture regime that
have long been baselessly kept secret were released yesterday, including
an 81-pagememorandum
(.pdf) issued in 2003 by then-Deputy Assistant Attorney General John Yoo
(currently a Berkeley [California] Law Professor) which asserted that the
President's war powers entitle him to ignore multiple laws which criminalized
the use of torture:"
"If
a government defendant were to harm an enemy combatant during an interrogation
in a manner that might arguably violate a criminal prohibition, he would
be doing so in order to prevent further attacks on the United States by
the al Qaeda terrorist network. In that case, we believe that he could
argue that the executive branch's constitutional authority to protect
the nation from attack justified his actions."
"As
Jane Mayer reported
two years ago in The New Yorker -- in which she quoted former Navy
General Counsel Alberto Mora as saying that "the memo espoused an extreme
and virtually unlimited theory of the extent of the President's Commander-in-Chief
authority" -- it was precisely Yoo's torture-justifying theories, ultimately
endorsed by Donald Rumsfeld, that were
communicated to [General] Gen. Geoffrey Miller, the commander of both
Guantanamo [Cuba] and Abu Ghraib [Iraq] at the time of the most severe
detainee abuses (the ones that are known)." ... "John Yoo's Memorandum,
as
intended, directly led to -- caused -- a whole series of war crimes
at both Guantanamo and in Iraq. The reason such a relatively low-level
DOJ [Department Of Justice] official was able to issue such influential
and extraordinary opinions was because he was working directly with, and
at the behest of, the two most important legal officials in the administration:
[Republican President] George Bush's White House counsel, Alberto Gonzales,
and [Republican Vice President] Dick Cheney's counsel (and current Chief
of Staff) David Addington. Together, they deliberately created and authorized
a regime of torture and other brutal interrogation methods that are, by
all measures, very serious war crimes."
[
Listen to John Yoo interview: "Cassel: If the president
deems that he's got to torture somebody, including by crushing the testicles
of the person's child, there is no law that can stop him?" ... "Yoo:
No treaty." ... "Cassel: Also no law by Congress -- that is what
you wrote in the August 2002 memo..." ... "Yoo: I think it depends
on why the President thinks he needs to do that."]
""It
depends on why the President thinks he needs to do that." Yoo wasn't just
a law professor theorizing about the legalization of torture. He was a
government official who, in concert with other government officials, set
out to enable a brutal and systematic torture regime, and did so." ...
"Since the Nuremberg Trials, "war criminals" include not only those who
directly apply the criminal violence and other forms of brutality, but
also government officials who authorized it and military officials who
oversaw it. Ironically, the Bush administration itself argued in the 2006
case of Hamdan -- when they sought to prosecute as a "war criminal"
a Guantanamo detainee whom they allege was a driver for Osama bin Laden
-- that one is guilty of war crimes not merely by directly violating the
laws of war, but also by participating in a conspiracy to do so." ... "That
legal question was unresolved in that case, but Justices Thomas and Scalia
both sided with the administration and Thomas wrote (emphasis added):"
""[T]he
experience of our wars," Winthrop 839, is rife with evidence that establishes
beyond any doubt that conspiracy to violate the laws of war is itself
an offense cognizable before a law-of-war military commission. . .
. . In [World War II], the orders establishing the jurisdiction of military
commissions in various theaters of operation provided that conspiracy to
violate the laws of war was a cognizable offense. See Letter, General Headquarters,
United States Army Forces, Pacific (Sept. 24, 1945), Record in Yamashita
v. Styer, O. T. 1945, No. 672, pp. 14, 16 (Exh. F) (Order respecting the
"Regulations Governing the Trial of War Criminals" provided that "participation
in a common plan or conspiracy to accomplish" various offenses against
the law of war was cognizable before military commissions)."
"It
isn't pleasant to think about high government officials in one's own country
as war criminals -- that's something that only bad, evil dictatorships
have -- but, pleasant or not, it rather indisputably happens to be what
we have." ... "Yoo wasn't acting as a lawyer in order legally to analyze
questions surrounding interrogation powers. He was acting with the intent
to enable illegal torture and used the law as his instrument to authorize
criminality." -By Glenn
Greenwald -Salon
-
John
C Yoo - Criminal
- Torture
- War
Crimes - Military
- Intelligence
- Terrorism
- Law
- Psychology
- Drugs
- Federal
- Secrets
- Prison
- US
- Iraq
- Afghanistan
- Foreign
- Politics
- History
- "Memo:
Laws Didn't Apply to Interrogators: Justice Dept.
[Department] Official in 2003 Said President's Wartime Authority Trumped
Many Statutes." ... "The Justice Department sent a legal memorandum to
the Pentagon in 2003 asserting that federal laws prohibiting assault, maiming
and other crimes did not apply to military interrogators who questioned
al-Qaeda captives because the president's ultimate authority as commander
in chief overrode such statutes." ... "The 81-page memo, which was declassified
and released publicly yesterday, argues that poking, slapping or shoving
detainees would not give rise to criminal liability. The document also
appears to defend the use of mind-altering drugs that do not produce "an
extreme effect" calculated to "cause a profound disruption of the senses
or personality."" ... "Although the existence of the memo has long been
known, its contents had not been previously disclosed." ... "Nine months
after it was issued, Justice Department officials told the Defense Department
to stop relying on it. But its reasoning provided the legal foundation
for the Defense Department's use of aggressive interrogation practices
at a crucial time, as captives poured into military jails from Afghanistan
and U.S. [United States] forces prepared to invade Iraq." ... "Sent to
the Pentagon's general counsel on March 14, 2003, by John C. Yoo, then
a deputy in the Justice Department's Office of Legal Counsel, the memo
provides an expansive argument for nearly unfettered presidential power
in a time of war. It contends that numerous laws and treaties forbidding
torture or cruel treatment should not apply to U.S. interrogations in foreign
lands because of the president's inherent wartime powers." ... ""If a government
defendant were to harm an enemy combatant during an interrogation in a
manner that might arguably violate a criminal prohibition, he would be
doing so in order to prevent further attacks on the United States by the
al Qaeda terrorist network," Yoo wrote. "In that case, we believe that
he could argue that the executive branch's constitutional authority to
protect the nation from attack justified his actions."" ... "Interrogators
who harmed a prisoner would be protected by a "national and international
version of the right to self-defense," Yoo wrote. He also articulated a
definition of illegal conduct in interrogations -- that it must "shock
the conscience" -- that the [Republican President] Bush administration
advocated for years." ... ""Whether conduct is conscience-shocking turns
in part on whether it is without any justification," Yoo wrote, explaining,
for example, that it would have to be inspired by malice or sadism before
it could be prosecuted." ... "Thomas J. Romig, who was then the Army's
judge advocate general, said yesterday after reading the memo that it appears
to argue there are no rules in a time of war, a concept Romig found "downright
offensive."" (1, 2)
-By Dan Eggen and Josh White with contributions by
Julie Tate -WashingtonPost
20080329
-
Don
Siegelman - Karl
Rove
- Leura
Garrett Canary
- Alabama
- US
Attorney - Politics
- Investigation
- 2002
Election - La
- Federal
- Prison
- "Freed
Ex-Governor of Alabama Talks of Abuse of Power."
... "Former [Democratic Governor] Gov. Don Siegelman of Alabama, released
from prison Friday on bond in a bribery and corruption case, said he was
as convinced as ever that politics had played a leading role in his prosecution."
... "Speaking by telephone in his first post-prison interview, shortly
after he had left the federal penitentiary at Oakdale, La. [Louisiana],
Mr. Siegelman said there had been “abuse of power” in his case, and repeatedly
cited Karl Rove, the former [Republican President Bush] White House political
director." ... "“His fingerprints are smeared all over the case,” Mr. Siegelman
said, a day after a federal appeals court ordered him released on bond
and said there were legitimate questions about his case. He was sentenced
to serve seven years last June after a guilty verdict on bribery and corruption
charges a year earlier." ... "The investigation, trial and conviction of
Mr. Siegelman, a veteran politician, has become a flash point for broader
Democratic contentions that politics has influenced decisions by the Justice
Department under [Republican] President Bush, including the firings of
several United States attorneys, and other federal prosecutions besides
Mr. Siegelman’s." ... "In a sworn statement, a Republican lawyer and political
operative, Jill Simpson, told of hearing one of Mr. Rove’s allies here,
William Canary, discussing Mr. Siegelman during the 2002 governor’s race,
and saying “that he had already gotten it worked out with Karl and Karl
had spoken with the Department of Justice and the Department of Justice
was already pursuing Don Siegelman.” The United States attorney here, Leura
G. Canary, is married to Mr. Canary." -By Adam
Nossiter -NYTimes
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