The evidence and its presentation is convincing and its cumulative effect overwhelming. (The work by Jason Leopold and myself on the "Iron Man"/JFIC aspect of the story is listed as number 9 of the 35 "reasons to question" the 9/11 story .) Listen to the broadcast, or click here to read. (I had earlier cross-posted this, but was not able to solve the formatting problems that left much of the text truncated. So you'll have to follow the links to get the full list and story.)
Monday, December 19, 2011
James Corbett Reports: "35 Reasons to Question 9/11"
The evidence and its presentation is convincing and its cumulative effect overwhelming. (The work by Jason Leopold and myself on the "Iron Man"/JFIC aspect of the story is listed as number 9 of the 35 "reasons to question" the 9/11 story .) Listen to the broadcast, or click here to read. (I had earlier cross-posted this, but was not able to solve the formatting problems that left much of the text truncated. So you'll have to follow the links to get the full list and story.)
Monday, December 12, 2011
Guantanamo Lawyer on Judicial Presumption of Gov't Secret Evidence (the Latif ruling)
I originally came across the Willett statement from a cross-post of the same material at Andy Worthington's blog. Worthington gives the legal background leading up to the recent decision in the Latif habeas case, a decision that sent chills down the spine of every person who takes seriously the rights of the accused, and the rule of law. (PDF link to the Latif decision, but watch out: it's heavily redacted.)
Worthington:
The case that first shut down habeas corpus was Adahi v. Obama, involving a Yemeni, Mohammed al-Adahi, whose habeas corpus petition was granted in August 2009, on the correct basis that, although al-Adahi had accompanied his sister to Afghanistan for her marriage to a man with purported connections to al-Qaeda and the Taliban, he himself had no connection to either group, and was just a chaperone.Thanks to Benjamin Wittes, with whom I have had some serious disagreements, for posting the original.
For Judge Randolph, however, ideology is more important than facts, when it comes to the Guantánamo prisoners, and, as a result, he granted the government’s appeal in Adahi, and, essentially, ordered the lower court judges to give more credence to the government’s claims than they had been doing. As a result, every habeas petition since July 2010 has been denied, and other successful petitions have been either reversed like Adahi (three in total) or vacated, and sent back to the lower court to reconsider (two in total).
The latest monstrous ruling delivered by Circuit Court judges (Judge Janice Rogers Brown and Judge Karen LeCraft Henderson, who share Judge Randolph’s ideological bent) came in October in the case of Adnan Farhan Abdul Latif, a Yemeni, with undisputed mental health problems, and a viable explanation for being in Afghanistan for medical reasons, who was the last prisoner to have his habeas petition granted before Judge Randolph’s new rules in Adahi took effect.
The ruling in Latif was not made available until last month, and, disturbingly, the judges took their endorsement of the government’s position one step further, declaring that the habeas judges must now regard the government’s own intelligence reports as reliable. This not only appalled the dissenting judge, David Tatel, but also appalled lawyers for the prisoners, who have long been aware of the unreliability of the intelligence reports relating to the prisoners. Anyone doubting this is directed to my ongoing series, “The Complete Guantánamo Files,” in which I analyze the chronic and repeated failures of intelligence revealed in the classified military files released by WikiLeaks last April.
Willett:
It is not hyperventilation to say, as so many have said, that Latif guts Boumediene, because — trust me — every prisoner has an intelligence report. Now the prisoner hasn’t just lost his judicial remedy to Kiyemba; if those reports control, factfinding is over, too.
But Latif, and before it Adahi, are not just law-of-war cases. They may raise the eyebrow of civil procedure sachems as well.
Because despite the gnashing of teeth over Boumediene’s failure to issue a manual, the Guantanamo habeas cases have mainly been about facts. Wedding guest or soldier? By the time review finally got on its legs in 2008, the President had had years to winnow away the silly and outrageous detentions (and Congress hadn’t yet taken up the blood sport of preventing him from doing so). Logically, we would have expected the government to have good facts in cases that remained, and to win most of them.
Something like that was happening in the district court, but then something else quite illogical began happening. On appeal, the government began to run the table. No habeas win could survive.
The district court was finding facts from old, cold and unreliable records, and so uniform results would have been a little surprising, but still possible, given the trial court’s broad factfinding discretion. You’d expect regular affirmance on appeal of both wins and losses, because in civil practice, the trial court‘s fact-finding is rarely disturbed. So where district court results are non-uniform, it is surprising–one might even say, conditionally improbable–that appellate results should make them so.
What’s going on here? The circuit is making up a new standard of appellate review.
Take Adahi. To a first approximation, Adahi is an “Oh, come on!” case: al Farouq, bin Laden at Sister’s wedding, shady characters on the bus, the Casio insignia–come on! But Judge Kessler wasn’t asking whether Adahi had thuggy associates. She was after the legally-relevant nut: has the government shown he is an enemy soldier? If General Petraeus attends my sister’s wedding, am I therefore a soldier? Suppose I go to Quantico and after ten days, they throw me out. Am I a Marine? (In doing this work I met a number of Marines. Each – I am quite sure of this – would declare ten days insufficient to make a Marine of me.)
As a matter of appellate procedure, the problem was this: Adahi testified. Judge Kessler found that testimony credible (leaving Farouq, denying he trained troops there). Adahi’s entire testimony is, “I wasn’t a soldier.” So if we have witness testimony the court deems credible, and it refutes enemy status, how does the circuit flip the judgment on appeal?
By not believing him, and crediting other evidence. That used to be for the trial court – remember?
My guess is that Judge Randolph saw the appellate review problem, for in addition to his famous innovation, he noted Judge Kessler’s failure to make an express credibility determination. Well, okay. But she did find facts for which the only record evidence was Adahi’s testimony, so she must have found him credible. If we’re not sure about that, why not remand for clarification?
Latif presents none of these distractions. Even the government agrees that the circumstantial evidence is down to one document, on which everything turns.
I tried Parhat. He had an intelligence report too. We picked it apart, as I’m sure Latif’s lawyers must have done with their report, and as Judge Garland did in the classified Parhat opinion. No one could make a straight-faced argument for a presumption after that was done. You have to–I can’t say this any other way, because Parhat’s documents remain classified–but you have to see an “intelligence report” to appreciate just how surreal the proposition is.
The trial lawyer would think this way: if this tissue of hearsay, speculation, and gossip comes in evidence at all, the trial court must at least be allowed to weigh it. But when the circuit lays the thumb of presumption on the scale, there’s no more judicial review — not even in the court of appeals. “Review” is in the anonymous DoD analyst who wrote the report.
Review was Judge Kennedy’s job, and he did his job. Whether we agree or disagree with his weighing, the scale had always been his before. This idea, I think, lies at the bottom of Judge Tatel’s thoughtful dissent. Can the jailer’s report trump the judicial officer, in civil cases that are supposed to be a check on the jailer itself? There’s not much evidence that anybody up at SCOTUS cares about the GTMO prisoners any more (whose imprisonments now treble WW2 detentions), but there may still be four of them who worry about trial judges.
Latif should worry the Law Faithful, too. If my client were stuck with this presumption, the first thing I’d bawl for is discovery of every scrivener, interpreter, interrogator – every scrap, jot and tittle behind the document. Last time we did that, in Bismullah, CIA averred the republic would be shaken to its knees.
* * *
Pause a moment. A man sits in government prison for ten years and counting, on the strength of a secret document created by the jailer, in haste, from hearsay, which didn’t persuade an experienced trial judge. Does that sound like the stuff of regimes we are prone to condemn?
Even Odysseus headed for home after ten years.
The other evening I saw an old friend whose client was, in 2001, an enemy belligerent under any definition. He was released from Guantanamo many years ago. He has a job, a family, a peaceful outlook on life; he’s grown up. Why is he out, and Latif in? Because he hales from the west. After ten years, it’s not about security any more. It’s all about politics: the politics of the 2012 elections, the politics of where you’re from.
Sunday, December 11, 2011
"Ignorance is Strength" - New Short Video Summarizes 9/11 "Conspiracy Theory"
This new video uses sarcasm and irony to point out the absurdity of the mainstream government narrative on 9/11. Like the JFK assassination which most people believe -- Stephen King and Tom Hanks, notwithstanding -- was a high-level conspiracy that made Lee Harvey Oswald (as Oswald himself described it) a "patsy," the events surrounding 9/11 have already entered the folk history of America, the only place left where government crimes and the true purpose of U.S. foreign policy can be discussed, it seems.
The video comes complete with transcript over at The Corbett Report. One thing the video leaves out is the recent reportage on the suppression and cover-up of a military intelligence unit attached to Joint Forces Command in the months before 9/11. This unit, part of Joint Forces Intelligence Command (JFIC) had been tracking Bin Laden and others, and also providing intel on terrorist targets inside the U.S. Briefings on likely attacks on the World Trade Center and Pentagon were given to top military leaders and intelligence officials at least six months or more before 9/11, as these recent reports document. Evidence of this was censored and kept from the eyes of Congressional investigators in 2002, and later from the 9/11 Commission itself.
H/T for this to Naomi Wolf's Facebook page.
Saturday, December 10, 2011
Veto, Protest Nazi-like Bill Which Allows Indefinite Detention of American Citizens at Home, Others Abroad
YouTube user poiqweruadjfkewrijo (why such a long incomprehensible name?) has posted an important video demonstrating that provisions of the new Defense Authorization Bill that would allow the indefinite detention of U.S. citizens without evidence or trial were demanded by the Obama administration. (H/T Glenn Greenwald via Twitter) Now a game is being played over whether or not Obama will veto certain aspects of the bill. But the President has not spoken against this provision, and now we know why.
I heartily recommend signing the petition via the link below. But I have little faith it will actually do the trick. We need a great deal more social struggle before things will begin to change.
PETITION: http://wh.gov/D0B We have only a few days to speak up before the President signs NDAA 1031, permitting citizen imprisonment without evidence or trial. The bill passed by Congress absolutely DOES NOT exempt citizens. Section 1031 reads, "A covered person under this section" includes "any person who has committed a belligerent act".
- Confusingly, Obama previously threatened a veto for 1032, but NOT 1031. 1032 is UNRELATED to imprisoning citizens without a trial. He has never suggested using a veto to stop Section 1031 citizen imprisonment. In fact, it was requested by the Obama administration. Watch the video for proof.
- The Feinstein Amendment 1031(e) is dangerously misleading. Don't be fooled: In the text of 1031(e), "Nothing in this section shall be construed...", the only word that matters is "construed" because the Supreme Court are the only ones with the power to construe the law. The Feinstein Amendment 1031(e) permits citizens to be imprisoned without evidence or a trial forever, if the Supreme Court does not EXPLICITLY repeal 1031.
Congress planned to give it to him to sign on Dec. 8, but delayed at the last minute. If we act urgently to tell our friends, family, and colleagues, we can still prevent this. Here is what we can do:
1) Americans must know about this to stop it. Urgently pass this petition as widely as possible: http://whitehouse.gov/D0B Contact the media to clear up confusion about the facts mentioned above.
2) Congress can still block the law before December 13. Write and call your Representative and Senator telling them to stop NDAA Section 1031 and the dangerously misleading Feinstein Amendment 1031(e).
Contact your Representative: http://writerep.house.gov/writerep/
Contact your Senator: http://www.senate.gov/general/contact_information/senators_cfm.cfm
3) Write and call the White House to tell the President you won't sit by and watch NDAA Section 1031 and the misleading Feinstein Amendment 1031(e) become law: http://www.whitehouse.gov/contact/submit-questions-and-comments
Excerpt property of C-SPAN.
Fair Use: http://legacy.c-span.org/about/press/release.asp?code=video
Friday, December 9, 2011
"Es gibt ein Reich wo alles rein ist"
Lisa Della Casa as Ariadne in Richard Strauss' Ariadne auf Naxos (Libretto by Hugo von Hofmannstal), Berliner Philharmoniker (1959)"Es gibt ein Reich wo alles rein ist"/"There is a realm where all things are pure..."
YouTube link
Wednesday, December 7, 2011
Senate Intel investigation finds CIA torture "far more systematic and widespread than we thought"
Consider that during the recent Senate debate over the Defense Authorization Bill -- the one that passed provisions on indefinite detention that drew cries of outrage from a number of law professors, and stoked fear among government opponents -- Senator Dianne Feinstein, while speaking against provisions of the bill that would subject U.S. citizens to indefinite detention also made some serious points concerning the torture-interrogation amendment offered by Sen. Kelly Ayotte. (See PDF link of her remarks - h/t Marcy Wheeler.)
Feinstein announced that the much-heralded, and much forgotten review of CIA torture undertaken by the Senate Intelligence Committee, first reported by Jason Leopold back in April 2010, is wrapping up its investigation. But her comments went unregarded and unreported, as patience for such things as fighting torture is not the strong suit of American political discourse, nor is much expected anymore from a Congress that has so clearly lost its bearings.
But, nevertheless, the announcement is not without interest, as Feinstein told her colleagues:
As chairman of the Select Committee on Intelligence, I can say that we are nearing the completion [of] a comprehensive review of the CIA's former interrogation and detention program, and I can assure the Senate and the Nation that coercive and abusive treatment of detainees in U.S. custody was far more systematic and widespread than we thought.It is not surprising to hear the torture was worse than already known. After all, the purpose of secrecy and the cult of classification, so assiduously courted by the current Administration, is to hide crimes. So one can only hope the Intelligence Committee will, when the review is truly and finally complete (and let's hope it's not another 18 months), that its findings will be released publicly. In fact, in a decent world, it would be demanded.
Moreover, the abuse stemmed not from the isolated acts of a few bad apples but from fact that the line was blurred between what is permissible and impermissible conduct, putting U.S. personnel in an untenable position with their superiors and the law.
That is why Congress and the executive branch subsequently acted to provide our intelligence and military professionals with the clarity and guidance they need to effectively carry out their missions. And that is where the Army Field Manual comes in.
Lies that facilitate torture - Case-in-point: the Army Field Manual
One reason for the lulled non-murmur over torture is the outrageous lie that Obama, after coming into office, "ended torture." He enshrined the Army Field Manual as the supposedly humane alternative to the Bush torture regime of "enhanced interrogation techniques." Feinstein, who certainly knows better, is an exemplary model for such myth-making -- "myth" because the Army Field Manual actually uses torture of various sorts, and even though about half-a-dozen human rights and legal organizations, and a number of prominent government interrogators have said so (see this Nov. 2010 letter signed by 14 well-known interrogators to then-Secretary of Defense Robert Gates) -- as her following comments on the Army Field Manual (AFM) demonstrate.
Here, Sen. Feinstein is polemicizing against the Ayotte amendment, which was ignominiously dismissed via a parliamentary maneuver, along with a few dozen other amendments, after an ostentatious Senate "colloquy" on the matter by Senators Ayotte and Lieberman (with Lindsay Graham chiming in at the very end). The amendment awaits its resurrection, seeking passage attached like an obligate parasite to another bill some months down the line. (The authorization bill is currently "in conference," as a final version is worked out that reconciles both House and Senate versions. It is not unknown for provisions to be slipped in under such circumstances, and I wouldn't count out yet Ayotte/Lieberman/Graham's attempt to insert a new secret annex to the AFM, not until, like the undead, a stake is driven through its heart.)
Feinstein:
However, Senator Ayotte's amendment would require the executive branch to adopt a classified interrogation annex to the Army Field Manual, a concept that even the Bush administration rejected outright in 2006.Unfortunately, Sen. Feinstein is oddly correct. Between standard interrogation methods and CIA-derived interrogation techniques meant to break down a prisoner psychologically, they do really have all they "need."
Senator Ayotte argued that the United States needs secret and undisclosed interrogation measures to successfully interrogate terrorists and gain actionable intelligence. However, our intelligence, military, and law enforcement professionals, who actually interrogate terrorists as part of their jobs, universally disagree. They believe that with the Army Field Manual as it currently is written, they have the tools needed to obtain actionable intelligence from U.S. detainees.
As an example, in 2009, after an extensive review, the intelligence community unanimously asserted that it had all the guidance and tools it needed to conduct effective interrogations. The Special Task Force on Interrogations--which included representatives from the CIA, Defense Department, the Office of the Director of Intelligence, and others--concluded that "no additional or different guidance was necessary."
Since 2009, the interagency High Value Detainee Interrogation Group has briefed the Select Committee on Intelligence numerous times. The group has repeatedly assured the committee that they have all authority they need to effectively gain actionable intelligence. As a consummate consumer of the intelligence products they produce, I agree.
Feinstein never mentions the years-long protests about certain provisions of the AFM, many of them gathered in the document's Appendix M, that have been found tantamount to torture -- the use of drugs (so long as they don't "induce lasting or permanent mental alteration or damage"), the harsh manipulation of fears and phobias, the elimination of wording from the previous version of the AFM that would ban stress positions, the use of isolation, sleep deprivation and sensory deprivation techniques. All of these are mingled in with a number of other basic interrogation techniques, but that doesn't diminish the cruel irony of Feinstein's IC-based assurance that government interrogators "had all the guidance and tools it needed to conduct effective interrogations." Guidance and tools, indeed.
Perhaps she could have quoted the letter to Gates, signed by Ali Soufan, Steven Kleinman, Jack Cloonan, Robert Baer, Mark Fallon, Malcolm Nance and others, which noted "the use of potentially abusive questioning tactics" in the Army Field Manual. Of course, these government interrogators softened their language ("potentially"?) and couched their opposition in terms of what hurts the national interest, versus what is wrong or illegal.
But when it comes to protecting the massive military-intelligence complex, such awkward facts as the use of cruel, inhumane, and degrading treatment of prisoners, as well as outright torture enshrined in the Army Field Manual are not worthy of note. Even the many human rights groups who opposed the Ayotte amendment all buried any past critique of the AFM or its Appendix M in their polemics against Ayotte's "classified annex" proposal. This is not the way to win a battle!
Honoring "our values"?
Feinstein concluded:
We cannot have it both ways. Either we make clear to the world that the United States will honor our values and treat prisoners humanely or we let the world believe that we have secret interrogation methods to terrorize and torture our prisoners.But what about interrogation methods that are not secret, Sen. Feinstein?
I don't seriously expect her to respond. Instead I ask readers, what kind of a country is it that has torture written into its public documents, and no one raises a fuss (or practically no one)?
The failure to take on the AFM and its Appendix M abuses in a serious fashion has led in a straight line to the political pornography of watching torture debated in Congress and among Presidential candidates, as well as a surge of political effort being made in some circles to make sure all such abuse is hidden forever behind a veil of classification. This failure is directly the responsibility of the human rights groups, who have not made it clear to their constituencies and the public at large how serious the problem currently is. While most of them are on the record of opposing the abuses described above, they repeatedly have pulled their punches for political reasons (as during the recent debate on the Ayotte amendment), and as a result, they must take the hard criticism when it comes, until, or unless they turn this around.
Sunday, December 4, 2011
Ernest Becker on Power & Human Nature
Power for man, as the genius of Hegel saw, is the ability to support contradictions, nothing less. It is amazing how we misread reality, how we see power in all the wrong places, all the wrong forms, forms which have nothing to do with our distinctive problems. We think we see power in the people with sure beliefs, unshakable convictions, smug self-confidence. Yet these are psychological weaknesses on a planet which is fluid and full of surprises. We think we see power in the ability to dominate and coerce others. Yet history has taught us that such power inevitably makes a slave of and destroys the manipulator whether it be a man or a nation. We think we see power in numbers, in the deafening chorus of mass enthusiasms and the solid wall of shared opinions. Yet history daily teaches us that nature has no respect for even unanimous misperception of reality, and she has the coldest equanimity for the enthusiasms that carry whole populations into rapture. Nature could only respect the power that typifies a nature, and for man this must be the power to live and endure the paradoxes of his own.
Such power for man must be, of course, an ideal, and an unattainable one -- yet the whole sense of a human life is a struggle in that direction. Human nature is, in a word, an ideal. This is what makes the argument between the "romantics" and the "cynics" or "realists" so difficult and so sticky: it can never really be settled on empirical grounds alone: it all depends what you want to build toward and can achieve....
To believe that one has a higher reason to take human life, to feel that torture and murder are in the service of a divine cause is the kind of mandate that has always given sadists everywhere the purest fulfillment: they are free to remain on the level of the body, to pillage real flesh and blood creatures, to transact lives in the service of the highest power. What a delight. It is the perfect absolution of human degradation and sadists everywhere have hungered for it and reveled in it.
Thursday, December 1, 2011
An Open Letter to the US Congress From Members of the British Parliament About Guantanamo
Reposted from Truthout
John Leech, MP
Caroline Lucas, MP
Michael Meacher, MP
This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.
Keeping Torture in the Hands of Congress? (RT TV Interview on Appendix M & Attempts to Make Official Secret Torture)
My thanks to the RT news producers who gave me the opportunity to speak on camera about the least reported aspect of the torture scandal, the presence of torture techniques in America's otherwise lauded military interrogation manual.
While a number of human rights and civil liberties organizations have spoken out against Appendix M abuse over the years (see TO story), none of them saw fit to bring up the issue when they produced their press releases or gave interviews in opposition to Sen. Ayotte's amendment to create a "classified annex" to the Army Field Manual, which would consist of secret torture techniques similar or identical to the so-called enhanced interrogation techniques (waterboarding, etc.) of the Bush/Cheney years.
Placed in context with the successful passage of the Defense Authorization Bill today, including provisions to demand indefinite detention for all those who the U.S. deems "terrorists" anywhere in the world, including U.S. citizens in their own country, the repressive apparatus of the U.S. ruling elite is gearing up for serious political repression, even as it presses its war drive around the world. In particular, their cross-hairs are aimed at Iran, China, and Russia, not to mention any insurgency that they feel won't genuflect to their military might and corporate profit takers.
It's a sad and dangerous time in America, as the leadership of the supposed opposition to all this has taken a dive when it comes to the torture issue, as they line up behind the national security militarist state and their war drive.
Search for Info/News on Torture
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