Showing posts with label Torture. Show all posts
Showing posts with label Torture. Show all posts

Sunday, May 3, 2009

Channeling Nixon?

Can anyone point out to me any qualitative difference between these two statements?

Former President Richard Nixon, about Watergate:

"When the president does it, that means that it is not illegal.”


Former Secretary of State within the George W. Bush administration Condoleezza Rice, regarding waterboarding:

"By definition, if it was authorized by the president, it did not violate our obligations under the Conventions Against Torture."

Sunday, April 19, 2009

Kill the Lawyers, redux

The Arizona Daily Star ran an Associated Press update today quoting White House chief of staff Rahm Emanuel as saying the administration was not intending to prosecute any Bush administration officials for the acts of torture they officially sanctioned.

Not surprisingly, this position was happily accepted by Republicans. Quoting the article:

GOP Sen. Lindsey Graham of South Carolina, a member of the Senate Armed Services Committee, said the idea of “criminalizing legal advice after one administration is out of the office is a very bad precedent. ... I think it would be disaster to go back and try to prosecute a lawyer for giving legal advice that you disagreed with to a former president.”


The problem with this is it creates a backdoor by which the administrative branch can claim unlimited power. Want to spy on any US citizen without a warrant? Simply have a friendly OLC lawyer devise some half-assed argument supporting it. Want to drop a nuke on Canada because you can't stand the way they keeping adding 'eh?' to the end of every sentence? Call in the OLC! Nothing is so far out there we can't find some flimsy justification for it.

So what if, after the fact, the legal reasoning is found to be childish, amateurish, completely lacking of any professional standard - you got done what you wanted to get done. It's time to focus on the future, not look backwards to the past.

Supposedly, lawyers have professional standards, and if those standards are not met, or it is, at best, questionable those standards are met, then it is entrely appropriate to prosecute the lawyers who give such poor advice. The fact we are talking about lawyers making legal decisions which impact policy decisions for our entire nation makes this more imperative, not less.

If no other Bush administration official is prosecuted for these atrocities, at an absolute minimum the lawyers who provided the flimsy cover of legality which Bush, Cheney et. al. used as justification for their heinous acts must be. Otherwise, we are can no longer claim to be a nation of laws, only a nation of legal justifications.

Saturday, April 18, 2009

Kill the Lawyers

The Obama administration has released the memos the preceding administration used to justify it's torture regimen, and not surprisingly they are as ugly as one could expect. The callous disregard for human dignity can really only be appreciated by reading them first hand. The documents are linked to by a number of commentators, including x4mr here. For those interested in more legal analysis, I point you to Glenn Greenwald(here and here) and Anonymous Liberal (here and here).

Greenwald and AL have an exchange of posts discussing the discussing the decision to guarantee no prosecution of the individuals who committed these acts if they relied in "good-faith" on the legal advice provided them. Greenwald makes the case we are obligated to bring them to trial, AL argues as a practical matter any such trial is likely unwinnable, and thus would be counter-effective. From my position, while I understand Greenwald's reasoning and desires, I find myself persuaded to AL's point of view. (And, as has been noted, for those who went beyond what was authorized, or are found to not have acted in"good faith" ... well ... prosecution is too good for them).

However, as AL in particular notes, there is one set of individuals who simply must be prosecuted - the lawyers responsible for creating the flimsy cover which "justified" the abuse, beginning with Jay Bybee and, especially, John Yoo.

Even a cursory reading of the memos makes it clear there was no attempt on the part of the OLC laywers to make a "good-faith" effort to provide well-reasoned, defensible legal advice on the issue. Rather, it's quite obvious the conclusion that torture would be determined to be legal was pre-determined, and the argument would be twisted to support the conclusion - no matter how much that argument had to be tortured in order to make it comply.

The tactics found to be allowable included (from Greenwald) "nudity, "dietary manipulation" involving "minimum caloric intake at commercial weight-loss programs," "corrective techniques" (facial and abdominal slapping), water dousing, "walling," stress positions and "wall standing" (to "induce muscle fatigue and the attendant discomfort"), cramped confinement, and sleep deprivation.", and amazingly in 2005 then OLC chief Steven Bradbury (in one of the memos) affirms the legality of the methods, despite acknowledging the U.S. had termed the use of some of them as "torture" when applied by other nations (Indonesia is mentioned in his memo).

Get Bybee, Yoo, Bradbury, et. al. up on charges and when they are convicted, their punishment should include being subjected to the same regimen of torture they found acceptable when applied to others. After a full cycle completes, we can ask them again about their views regarding the Constitutionality of such actions.

Tuesday, December 23, 2008

Boy, was Biden ever right

During the vice presidential candidates debate last October, Joseph Biden referred to Dick as "the most dangerous Vice President in our country's history".

This past week or 10 days, as he looks forward to leaving office next month, Cheney has been appearing in different venues unapologetically defending his views and the actions of the Bush administration for the last eight years, pressing the notion of the "unitary executive". He claims it was wrong for the Supreme Court to allow Guantanamo detainees to be allowed to challenge their continuing detention without charge in US courtrooms (since the SC is the ultimate arbiter of such matters, this claim is wrong by definition). He claims the US has not tortured prisoners, while subsequently admitting to a major role in causing prisoners to be water-boarded.

One of his claims in the Wallace interview which has been the subject of outrage is the following:

"(The President) could launch a kind of devastating attack the world's never seen. He doesn't have to check with anybody. He doesn't have to call the Congress. He doesn't have to check with the courts. He has that authority because of the nature of the world we live in."

This looks worse than it is, since the preceding paragraph has generally been left out. Here is the comment again, in full:

"The president of the United States now for 50 years is followed at all times, 24 hours a day, by a military aide carrying a football that contains the nuclear codes that he would use and be authorized to use in the event of a nuclear attack on the United States.

He could launch a kind of devastating attack the world's never seen. He doesn't have to check with anybody. He doesn't have to call the Congress. He doesn't have to check with the courts. He has that authority because of the nature of the world we live in."

I think most people would agree that if our nation was hit with a massive nuclear attack there is not going to be time for Congress to meet before determining our response. However, this statement does do a lot to help explain Cheney's mindset - he's pushing the idea the nation has been in a constant state of emergency since 9/11, a state where the President essentially has ultimate power on all decisions.

This belief is, of course, horse shit.

The administration, largely at Cheney's urging, has consistently engaged in illegal activities, ranging from torture to illicit wiretaps. Cheney's recent appearances are almost brazenly daring his successor to do anything about these actions.

It's a challenge which must be accepted, or Biden will have been proven more correct than even he knew.

Monday, December 1, 2008

Charles Graner needs company

Salon has an article today discussing the circumstances of Charles Graner, who is about four years into a ten-year sentence for his role abusing prisoners at Abu Ghraib. He's spent about 2-1/2 of those years in solitary confinement, and is (according to the article) the only individual still serving time over the matter.

As the article points out, it has long since become abudently clear Graner and his compatriots (some of whom have served lesser time or had their sentences commuted) were acting on orders which emanated from some place high in the White House. Now, that doesn't make me feel all that sorry for Graner - any person who knew anything about morality and ethics knew what was being done was wrong by any standard, and "I was just following orders" has never been a valid defense - I do think he has some understandable reason to feel put-upon by the entire state of affairs.

As Graner's mother, Irma, says in the piece "They all did what they were told. And the ones that told them to do it escaped everything."

We have a responsibility as a country, as human beings, to change that, to make sure the ones who did the telling don't escape everything. Charles Graner deserves to do his time, or most of it ... but he deserves more companionship while he does.

Monday, June 16, 2008

Retch-inducing

McClatchy is out with part two of its series on US abuses of prisoners, this time focusing on events at Bagram Air Base in Afghanistan, incidents which have been overshadowed by Guantanamo, but which McClatchy says may have been worse.

Two prisoners at Bagram were beaten to death. One of them suffered ... well ...

I played soccer somewhat seriously for more than 25 years before retiring from the game six or seven years ago. I have had multiple surgeries to both ankles and knees. Dozens of stitches to them. My shins have been smacked so often I have lost all feeling in them - I can (and have) had gashes to the bone there and had no idea until someone pointed out I was bleeding. I have at least some small idea of of the type of beating one's legs can take.

Nothing like this though ...

According to the article detainee Dilawar died at Bagram on Dec. 10 2002. The army medical examiner reported he had been repeatedly struck on his leg to the point the tissues in it were "falling apart" and had "basically been pulpified".

Of course, we don't torture prisoners. The administration says so.

The paragraph toward the end of the story has this boiler-plate statement from the Pentagon:

"The Department of Defense policy is clear — we treat all detainees humanely. The United States operates safe, humane and professional detention operations for unlawful enemy combatants at war with this country."

I'll laugh ... after I am done vomiting.

Sunday, June 15, 2008

Much, much too late

As everyone knows by now, the Supreme Court finally got around this past week to telling the administration "hey, you can't just torture prisoners indefinitely ... at some point you have to, you know, actually provide a reason for imprisoning them."

Dear leader declared from Italy that while he might disagree with the decision he would abide by it. I am not sure why he should all of a sudden feel bound to abide by our Constitution, a flimsy piece of paper has not stopped him before. Of course, in the same set of comments where he graciously agreed he might be bound by the ruling he also suggested his administration would immediately start looking for ways to legislate around it.

I'd admire his stick-to-it attitude much more if it was dedicated to something like a reasonable national health care policy, a responsible approach to resolving issues along our border with Mexico, lowering the national debt or developing a coherent energy policy rather than finding excuses to detain people indefinitely so we can torture them whenever it suits our whim.

Even if dear leader goes against form and does actually obey the Court's decision, it's too late, the damage has been done.

Without question some number of the prisoners are bad, evil individuals who deserve to be locked away for life. However, it's also indisputable some number are guilty of nothing other than being in the wrong place at the wrong time. Most fall somewhere in between. One question would be should we resort to torture even with the "worst of the worst" (answer: no, we should be better than that), and another has been how many even merit that appellation. The administration has in the past claimed all of them do, that it has infallibly managed to send only those guilty of the worst crimes, or, at least, planning to commit the worst forms of misdeeds, to Guantanamo.

Of course, this has been provably wrong for some time, as some number of detainees have already been determined to not be guilty of what they were accused of and released ... generally after spending months or years in a prison where they were regularly abused.

McClatchy Newspapers published the first part of what will be a five-part series today detailing the findings of its eight-month investigation into the prisoners at Guantanamo. McClatchy has been, throughout, the best source of truly investigative reporting regarding the war and its motives, and this piece is yet another must-read. As it makes clear, administration officials have known for years that many, perhaps most, of the prisoners kept in Guantanamo had no reason to be there and were not sources of operational intelligence. However, in an administration which could not bring itself to admitting it was anything less than infallible, releasing these prisoners, or even moving them to another location where they might be treated humanely, was never an option to consider.

Instead, we set up a system where individuals have been held for reasons they were not told based on evidence they could not see provided by individuals they could not know about. Kafka would be so proud.

Darth Scalia has already predicted this ruling will lead to more deaths. Of course, this claim will never be able to be proven either way. What is provable is our nation has resorted to torturing innocent individuals. We have violated nearly every human right imaginable, all purportedly for the "best" of reasons.

The road to hell is paved with good intentions. Hopefully this latest ruling will help take their first steps down the road out of the abyss.

Sunday, April 13, 2008

VP of Torture

It came out this past week Vice President Vader was ultimately responsible for signing off on and even "micromanaging" the use of "enhanced interrogation techniques" against suspected terrorist agents during a series of meetings in 2002 and 2003 which included, among others, such noted figures as Colin Powell, Condoleezza Rice, and then CIA Director George Tenet.

What's remarkable is the sheer lack of newsworthiness about the revelation. It's been something everyone has "known" for years, it's just a question of the details being confirmed.

The torture inflicted involved more than dressing Condi up in kinky latex and whips, and even more than tying the terrorists to chairs, propping their eyes open with toothpicks and forcing them to watch around-the-clock reality television (which would either have forced confessions, true or not, or reduced the participant to the blithering state many of our fellow citizens sadly reside in). No, we're talking about all forms of physical abuse, up to and including sleep deprivation and water boarding.

For those who brush off the effects of water-boarding, or like to hide it behind euphemisms such as "enhanced interrogation techniques" or "simulated drowning", I encourage you to read this thread, written by someone who decided to find out for himself what the process was like last December. It's worth noting that, prior to conducting the experiment, the author favored the use of the technique. His thoughts after the experiment I leave for you to discover.

Don't just read the initial post ... there are a number of interesting questions and responses by the author throughout.

As has been noted, here and elsewhere, many, many times, these are techniques applied to individuals who have been found guilty of absolutely nothing. They have not been tried. They have not had a chance to confront their accusers in an open court. Many of them have been arrested under rather flimsy circumstances. A number which have been found to be innocent have been released.

This week a number of protests were organized around the world to highlight China's human rights' abuses, timed to coincide with the running of the Olympic torch prior to the Beijing Olympics this summer. Some of those protests were planned for San Francisco and the Golden Gate bridge ... something I am sure the Chinese government found quite hypocritical. Why should they be asked to adhere to standards we clearly refuse to hold ourselves to?

Eight years ago we were a beacon for the world, not perfect, but at least striving to be better, and encouraging other nations to join us in that search. Today, we are a bully who threatens and bullies smaller nations and takes away their lunch money if they don't mold their foreign policy to fit our self-interest.

I am not a pacifist ... there are just wars, and our presence in Afghanistan is, in my mind, fully justified. The leaders of that nation knowingly provided safe haven to a coterie of people who viciously attacked and killed our citizens. By doing so, it provided a legitimate cassus belli.

However, there are unjust wars as well, and Iraq unquestionably falls in that category (as will our future war with Iran, should McCain win election this fall ... but that's another issue). Our presence there, our continuing unjust occupation, and our continuing violation of basic privacy and civil liberties, both abroad and at home, have destroyed our nation's credibility for a generation, at least ... if we can ever regain it at all.

When trust is violated, it's rare to ever get it all back, no matter how contrite and sincere the subsequent remorse ... and this administration hasn't just violated trust, it's thrown it on the ground, ground it's heels on it, spat and shat upon it ...

Ultimately, it's not just the prisoners of Guantanamo, or those individuals who have suffered rendition, who have been wrongfully abused by this administration, it's all of us, the nation in it's entirety. When this leadership team came into the White House there was a great deal of talk and blather about the new "CEO" administration. I wish they had stuck with that ... at least then they might have limited their torture to our economy.

Wednesday, February 13, 2008

Omentum and other things

Obama continued to roll last night, sweeping three more primaries and taking the delegate lead for the first time over Clinton.

Recent reports in various papers report a Clinton campaign team in increasing turmoil. She replaced her campaign manager two days ago, and the deputy campaign manager resigned yesterday. The Clintons have loaned $5 million of their personal funds to the campaign as Obama continues to pull ahead in the fund raising race at a record clip. Even previously "committed" superdelegates are talking off-the-record of switching their allegiances.

The Clinton campaign seems to be bunkering in with a Rudy Giuliani approach - hoping to take the large state primaries of Texas and Ohio on March 4 to stop the Obama march, which by then is expected to have garnered a full month of uninterrupted victories. Even Clinton campaign staffers are admitting if she doesn't win both, her campaign is likely doomed. We saw how well this approach worked for Rudy9/11.

I have seen some Clinton campaign remarks trying to downplay the effect of the recent String of Obama wins, pointing out how his win in Iowa didn't carry over to New Hampshire, but the circumstances are entirely different. First of all, the win in Virginia last night was especially indicative, as Obama swept every voting demographic, showing strength with constituents outside his "base". Clinton has yet to show anything similar in any primary.

Second, going into New Hampshire only one state had been settled, and there was only one week in between. Going into March 4 Clinton will be facing a full month of losing primaries, along with the associated "Obama on a roll" stories. Unlike in New Hampshire, Obama can be expected now to significantly outspend Clinton on advertising in both of the big states. The Obama wave after Iowa was a small swell. The Obama wave going into next month won't be a tsunami, but it will be a nice 40-footer, and much harder for Clinton to break.

In other news ... the US Senate yesterday decided sure, we're fine with expanding the wiretapping of US citizens, even though we already have the FISA act which allows federal agencies to conduct wiretapping without a warrant if time is of essence, and get the warrant retroactively. Just as an added bonus, they decided to throw in retroactive immunity for all the communications companies which violated the law by allowing the government to tap their systems without warrants.

The House did pass a bill without the immunity clause, and the two bills still need to be reconciled. One hopes the immunity clause dies there, but one shouldn't be holding one's breath.

Finally, the government presented a tortured legal justification for waterboarding yesterday. I'm not sure how to feel about this ... certainly, I don't find the justification at all convincing, but on the other hand if it might one day allow me to legally justify waterboarding the Senators who voted in favor of the wiretapping immunity legislation (particularly the Democratic ones) I could be persuaded to see the usefulness of the technique.

Thursday, December 13, 2007

You, too, can be a terrorist

This account details a 17th-century trial for witchcraft in Bamberg, Germany (h/t Digby), during the course of which the accused was subjected to thumb screws, leg screws (also known as the Spanish boot) and strappado during the course of the "investigation".

For a week, including through five days of torture, the subject of the inquiry, one Johannes Junius, continually protested his innocence of all charges. Enough was finally enough, however, and he eventually "confessed" to everything, after which he was further tortured until he eventually bore false witness against fellow townsmen so as to end the torment.

His "evidence" was likely used against those he named, just as they were tortured until they named him, said "evidence" used to justify his torture ... and the vicious circle wound merrily along.

At least he didn't suffer water boarding.

If anyone thinks they wouldn't confess to anything they thought their tormentors wanted to hear when subjected to such abuse, they are childishly naive.

Framer, x4mr, TR, Liza, AZAce, et. al., when they take me in I plan to implicate all of you ... just so you know.