Tag: petition for a special prosecutor

Originally published at AlterNet — If you wish to repost this essay you can download a .txt file of the html here (right click and save). Permission granted.

A January 17 New York Times editorial noted that Attorney General designate Eric Holder testified at his nomination hearings that when it came to overhauling the nation’s interrogation rules for both the military and the CIA, the Army Field Manual represented “a good start.” The editorial noted the vagueness of Holder’s statement. Left unsaid was the question, if the AFM is only a “good start,” what comes next?

The Times editorial writer never bothered to mention the fact that three years earlier, a different New York Times article (12/14/2005) introduced a new controversy regarding the rewrite of the Army Field Manual. The rewrite was inspired by a proposal by Senator John McCain to limit U.S. military and CIA interrogation methods to those in the Army Field Manual. (McCain would later allow an exception for the CIA.)

According to the Times article, a new set of classified procedures proposed for the manual was “was pushing the limits on legal interrogation.” Anonymous military sources called the procedures “a back-door effort” to undermine McCain’s efforts at the time to change U.S. abusive interrogation techniques, and stop the torture.

On Thursday January 22, 2009 President Barack Obama issued one of the first Executive Orders of his presidency, ordering the establishment of a Special Interagency Task Force to be composed of the Attorney General and the Secretary of Defense as co-chairs, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff, and other federal employees as determined by the co-chairs.

The Task Force will…

…develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

  Section 1. Special Interagency Task Force on Detainee Disposition.

  (a) Establishment of Special Interagency Task Force. There shall be established a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.

[snip]

(e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

Both Attorney General Eric Holder, and Obama in another Executive Order on January 22, 2009, have indicated that the Army Field Manual, which as Valtin explains and Patriot Daily has also written so well about, codifies coercive psychological torture under the name of “Restricted Interrogation Technique – Separation” in Appendix M.  will be the Obama administrations baseline guide for detainee interrogation policies, taking us back to pre-Bush days on the question of torture but in no way ending the practice.

This morning Michael Ratner, President of the Center for Constitutional Rights, talks with The Real News, comments on Obama’s executive orders, loopholes, and says Obama must still take up the prosecution of Bush/Cheney for war crimes, specifically torture of detainees…

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Docudharma Tag: petition for a special prosecutor for background

Hat tip to David Swanson this morning…

Obama Supporters in DC Want Bush Arrested

By David Swanson, January 19, 2009 at 07:33:58

Sunday evening I spoke on a panel in Washington, D.C., about war crimes, and in walked a group of spirited activists led by Laurie Arbeiter wearing “Arrest Bush” sweatshirts and carrying “Arrest Bush” signs and they were absolutely dumfounded by what they had just experienced. They’d spent the day at the train station in D.C. and on the streets of D.C. as excited Obama celebrators poured in by the tens of thousands, and they’d been unable to walk a dozen steps without people stopping them to have their photo taken with an “Arrest Bush” sign.

It’s worth remembering that Bush is approved by 22 percent of Americans and a smaller percentage of non-Americans. It’s hard to get under 20 percent in any poll in this country. More people believe in UFOs than approve of Bush. The media meme that prosecuting Bush would cost Obama political capital has not been proven false, but it is absolutely baseless until someone produces something to base it on.

So we had a little strategy meeting Sunday night and produced hard copies of an already running petition asking Eric Holder to appoint a Special Prosecutor. We got clipboards and pens and identified teams. As I write this Monday morning we are preparing to gather at Dupont Circle for a rally at 11 a.m. followed by a march to the White House where we will throw shoes at the outgoing war criminal. On Tuesday we have a permit for the whole sidewalk in front of the FBI Building along the parade, and we’ll let you in if you have a sign that says “Arrest Bush.” No other ticket required. At these and many other events and all over the city in the next two days, we hope to add many thousands of new people to the petition and collect their contact information to integrate them into the movement to get tough on (the biggest) crime.

If you’re not in DC, you can sign the petition yourself or print out a PDF to collect signatures in the real world at http://convictbushcheney.org [reproduced below]

This is not a fantasy, boys and girls. The New York Times’ Scott Shane and Attorney General Mukasey agree with me that prosecution is now going to be hard to avoid. When even Nancy Pelosi has figured out where we’re going, you know the winds of change are blowing strong. That’s the dangerous thing about telling people that anything is possible: they’ll end up insisting on what they really want. And they want lots of new laws, but they very dearly want us to start enforcing the old ones too.

Hat tip to Armando this morning, for: AP: Obama Team Debating Violating UN Convention On Torture

The other day, the AP reported:

President-elect Barack Obama is preparing to prohibit the use of waterboarding and other harsh interrogation techniques by ordering the CIA to follow military rules for questioning prisoners, according to two U.S. officials familiar with drafts of the plans. Still under debate is whether to allow exceptions in extraordinary cases.

. . . Obama’s changes may not be absolute. His advisers are considering adding a classified loophole to the rules that could allow the CIA to use some interrogation methods not specifically authorized by the Pentagon, the officials said. They said the intent is not to use that as an opening for possible use of waterboarding, an interrogation technique that simulates drowning.

As Glenn Greenwald points out, such a “loophole” would constitute a violation of the UN Convention on Torture, codified as a crime under US law:

We all know by now, or we should know by now, that Obama has no problem endlessly torturing people who put him where he is with talk of torture loopholes.

The question is are the loopholes he’s talking about big enough to allow even more bush era torture fanatics like Brennan in, to enable Obama to co-opt far right GOP senators and reps?

This is all about gaining “bipartisan” support, and power. Nothing else.

There is virtually no sunlight between the two when it comes to amassing and retaining power, and when it comes right down to it any suggestion that presidential power be limited appears to justify “exceptions in extraordinary cases”, in Obama’s world.

Barack Obama appears to have the same problem (or fantasy, depending on your POV) that George Bush had,  a problem described by Phillip Carter and Dahlia Lithwick at Slate back in October 2007 in

All Wet: Why can’t we renounce waterboarding once and for all?…  

Martians are smart people too, but they fart a lot it seems, and it’s given them away after hiding for eons.

Yesterday NASA scientists reported in Live Blogging The Mars Methane Mystery: Aliens At Last?, blogging at Blogs.DicoverMagazine.com that:

…they recorded plumes of methane rising from the surface of the Red Planet. Working back from their measurements of methane in the air, the researchers pinpointed some particular spots on Mars where the methane came from. And it’s a lot of methane they’re talking about-19,000 metric tons of the stuff in one plume.  It’s coming out of Mars at the same rate seen at methane-producing spots on Earth.

Those places on Earth happen to be places where microbes are churning the gas out. There might be other ways of getting plumes of methane into the air-generating it from magma, for example. But in a paper published today by Science, Mumma and his colleagues point to the possibility that microbes buried a mile or two under the surface of Mars might be responsible. There are certainly analogs here on Earth-or here under Earth. On our planet, scientists can study these deep microbes by traveling down through mine shafts. Sending the equipment to dig a mine shaft on Mars might be a wee bit expensive, unfortunately.

So-what’s going on?

What’s going on, you ask? Well, it turns out that after the Martians had been successfully hiding from Earthlings for billions of years, the Bush/Complicit Democrat/PNAC/Neocon faction that hijacked the US Government eight years ago and turned it into a murderous planet wide hegemonic killing machine of imperialism has finally pushed the Martians just a little too far, according to recent leaks by CIA spooks eager to save themselves from inclusion as defendants in war crimes prosecution of Bush, Cheney, Pelosi, Reid, and others.

This morning, less than a day after the NASA scientists reported the likelihood of life on Mars, their conjectures were confirmed incontrovertibly.

We are not alone in the universe. And apparently the rest of the universe is just as pissed as we are.

This morning another leak from another spook, this time in the State Department, has confirmed that a Diplomatic Communique was received from Mars addressed to the Bush Administration overnight.

Why would Martians talk to the Bush Administration you ask? Without even any pre-conditions?

It turns out that with all the recent media attention on a Special Prosecutor to investigate and prosecute Bush and Cheney and others, the Petition For A Special Prosecutor has apparently made its way to Mars too, along with old television transmissions of The Prisoner with famed British actor Patrick McGoohan (RIP), and has been enthusiastically received there.

The Martian Diplomatic Communique was delivered in the form of one single image transmitted through NASA’s Mars Exploration Rover, and is reproduced below…

(cross-posted at Daily Kos)

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RealNews commentator, Pepe Escobar asks the question, “Where is the Special Prosecutor?”

Note an important point Pepe makes about how this will reflect on Obama if other countries must tackle the war crimes’ issue.

In their TV appearances, both Bush and Cheney attempt to make it appear that Khalid Sheikh Mohammed was an isolated incidence of waterboarding.  CIA Chief Hayden admitted to three incidences of waterboarding:

“Waterboarding has been used on only three detainees,” he told members of the Senate Intelligence Committee. “It was used on Khalid Sheikh Mohammed. It was used on Abu Zubaydah. And it was used on [Abd al-Rahim al-]Nashiri.”

I think it would be safe to say, there were more than three who were waterboarded (Hayden also admitted to thirteen others being subjected to “enhanced interrogation methods,” but not waterboarding).  And what about the deaths that occurred at Abu Ghraib and Guantanamo?   And those who were renditioned to other countries?

The point is that both Bush and Cheney tried to “legitimize” the use of waterboarding by 1) making it appear an isolated case and, 2) invaluable information was obtained.  They, of course, try to make it seem to the American public that torture’s O.K. in “certain circumstances” — that there are exceptions to the laws.  THERE ARE NO EXCEPTIONS!

Here are some thoughts on the use of “enhanced interrogation techniques” by a Human Rights Watch representative and other CIA operators:

“The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” said John Sifton of Human Rights Watch.

The techniques are controversial among experienced intelligence agency and military interrogators. Many feel that a confession obtained this way is an unreliable tool. Two experienced officers have told ABC that there is little to be gained by these techniques that could not be more effectively gained by a methodical, careful, psychologically based interrogation. According to a classified report prepared by the CIA Inspector General John Helgerwon and issued in 2004, the techniques “appeared to constitute cruel, and degrading treatment under the (Geneva) convention,” the New York Times reported on Nov. 9, 2005.

It is “bad interrogation. I mean you can get anyone to confess to anything if the torture’s bad enough,” said former CIA officer Bob Baer.

Larry Johnson, a former CIA officer and a deputy director of the State Department’s office of counterterrorism, recently wrote in the Los Angeles Times, “What real CIA field officers know firsthand is that it is better to build a relationship of trust … than to extract quick confessions through tactics such as those used by the Nazis and the Soviets.” . . . .

A bit more follows!

The afternoon session has moved from CSPAN3 to CSPAN.

You can watch the hearing live on CSPAN (Windows Media Player)

or through the committee’s Real Player Live Webcast.

Click image to watch the hearing on CSPAN … opens in new window …

This page should load faster than the morning thread.

Click image to watch the hearing on CSPAN3

The Senate Committee on the Judiciary Holder Confirmation Hearing has just begun a few minutes ago with Patrick Leahy and Arlen Specter making opening comments.

You can watch the hearing live on CSPAN3 (Windows Media Player) or through the committee’s Real Player Live Webcast.

To save time I’ll quote here BarbinMD’s post this morning at DKos:

Holder has the support of the Democratic Senators on the Judiciary Committee, along with the backing of Orrin Hatch, the endorsement of three former Deputy Attorney Generals, not to mention former Senator John Warner introducing and offering his support at today’s hearing, along with testimony from Louis J. Freeh, the Former Director of the FBI. And while the level of support Holder will enjoy might cramp attempts to delay his confirmation, it certainly won’t stop the Republicans from trying.

Taking the lead in these efforts has been Arlen Specter, who went from not having “taken any position” on Holder, to denouncing him on the Senate floor, comparing him to Alberto “I don’t recall” Gonzales, and Chuck Grassley, who has attempted to tie Holder to the scandal-plagued Rod Blagojevich. Throw in the Republican requests for documents related to Clinton’s impeachment, fund-raising by Al Gore, and the case of Elian Gonzalez, and you can see that the attempt to force Obama “to spend political capital early,” is on.

By all means, every Senator should ask the hard questions, explore the pardon of Marc Rich, or any other areas of concern they may have. But the Republican Senators may want to consider two things: the overwhelming support that Obama enjoys and how the last two elections have worked out for them. If they overplay their hand here, they might find themselves hoisted by their own petard peg.

A complete witness list for today’s hearing is available here.

If anyone watching the hearing has not yet signed the Formal Petition to Attorney General-Designate Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes… please sign it now.

First let me say that we want Eric Holder confirmed as Attorney General. We want him confirmed because of statements like this…

Washington, D.C. — Eric H. Holder Jr., Deputy Attorney General during the Clinton administration, asserted in a speech to the American Constitution Society (ACS) that the United States must reverse “the disastrous course” set by the Bush administration in the struggle against terrorism by closing the detention center at Guantanamo Bay, declaring without qualification that the U.S. does not torture people, ending the practice of transferring individuals involuntarily to countries that engage in torture and ceasing warrantless domestic surveillance.

“Our needlessly abusive and unlawful practices in the ‘War on Terror’ have diminished our standing in the world community and made us less, rather than more, safe,” Holder told a packed room at the ACS 2008 Convention on Friday evening. “For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America’s standing in the world as a nation that cherishes and protects individual freedom and basic human rights.”

We want the man who said those words to be our next Attorney General. Because in truth and in a logical world the best way, perhaps the only way, to “reclaim America’s standing in the world as a nation that cherishes and protects individual freedom and basic human rights”…..is to investigate and then prosecute those who have criminally destroyed that standing. They destroyed it by using torture.

For those of you still on the fence as to whether the Bush Administration engaged in actual torture as opposed to merely “Enhanced Interrogation,” I offer this statement released today by a Bush appointee.

The top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial has concluded that the U.S. military tortured a Saudi national who allegedly planned to participate in the Sept. 11, 2001, attacks, interrogating him with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, leaving him in a “life-threatening condition.”

“We tortured [Mohammed al-]Qahtani,” said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. “His treatment met the legal definition of torture.”

One of the arguments made in defense of the Bush Administrations official policy of torture that first surfaced at Abu Ghraib is that it was “a few bad apples.”

Indeed:

Bush: I Personally Authorized Torture Of Khalid Sheikh Mohammed

In an interview with Brit Hume that aired today on Fox News Sunday, President Bush admitted that he personally authorized the torture of 9/11 mastermind Khalid Sheikh Mohammed. He said he personally asked “what tools” were available to use on him, and sought legal approval for waterboarding him:

  BUSH: One such person who gave us information was Khalid Sheikh Mohammed. … And I’m in the Oval Office and I am told that we have captured Khalid Sheikh Mohammed and the professionals believe he has information necessary to secure the country. So I ask what tools are available for us to find information from him and they gave me a list of tools, and I said are these tools deemed to be legal? And so we got legal opinions before any decision was made.

KARL: Did you authorize the tactics that were used against Khalid Sheikh Mohammed?

CHENEY: I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.

All of their false claims of legality come from one source, their own pet lawyers. Much of whose legal “work” has already been destroyed by the Supreme Court. Their only claim to legality comes from complicit lawyers in the White House and in the now famously corrupt and politicized Department of Justice.

The Department of Justice that Eric Holder has now been nominated to lead.  

Michael Ratner, President, Center for Constitutional Rights (CCR).

Tuesday afternoon the Center For Constitutional Rights (CCR), under President Michael Ratner, issued a Call for a Special Prosecutor to Investigate U.S. Torture, and over Executive Director Vincent Warren’s signature sent an emailed Action Alert to their large subscriber list, in which they also issued a…

…call to action to phone your senators with questions for Eric Holder’s hearing on his nomination to be the next Attorney General. The second is to send you a link to a report we released yesterday on the simple steps to closing Guantanamo.

While President-Elect Obama has said he will close the base, he has yet to say how or when, which are the most important questions. We are all excited at the chance for a new beginning: it is up to us to make it one we can be proud of. Please call your senators, and please download and distribute our report so we can end this terrible chapter in our history.

I. This Thursday, January 15th, the Senate Judiciary Committee will hold a hearing to decide whether nominee Eric Holder should be confirmed as the new Attorney General. While Holder’s public statements suggest he would be a marked improvement over Alberto Gonzales and Michael Mukasey, it is critical that the American public be certain that our nation’s chief lawyer has an unwavering commitment to upholding the rule of law.

Senate Judiciary Committee members have a serious responsibility to put an end to subverting law to politics – and to ensure that President-Elect Obama appoints an Attorney General who will help him restore, protect and expand our human rights. And it is our responsibility to make our voices heard and stand against torture, racial profiling and other violations of human rights.

Please call the Senate Judiciary Committee members today and tell them that we need Eric Holder to make a clear statement against torture and racial profiling. Phone numbers are provided below. It will only take a few minutes to urge them to ask these two critical questions:

Are you, unlike your predecessor, willing to acknowledge under oath what U.S. military and civilian courts have recognized for over 100 years: that waterboarding is torture and therefore criminal? If so, will you fulfill your duty to ensure that justice and the rule of law apply to all by appointing a Special Prosecutor to investigate and prosecute those who have used, ordered, and authorized the use of waterboarding and other forms of torture?

I’ve saved the CCR Action Alert email I received as a web document so that you can read it in full here, if you hadn’t received it. It includes the list of Senators you can call, with their contact phone numbers, who will be involved in Holder’s confirmation hearings later this week.

Here are the rules.

The other day George Will, of all people, was comparing Obama refusing to prosecute Bush and Cheney to Ford pardoning Nixon.

If a far right crazed wingnut can get it right, why can’t the rest of us?

This comparison is one that we can use to good effect, but only if we do it continuously and loudly.

A friend of mine a couple of days ago, a nearly unquestioning Obama supporter, said to me, and I quote:

No argument from me.  Ford should have been stood against the wall and shot for that pardon.  Nixon cooling his heels in the clink for a few years would have prevented this mess, no doubt.

Ford’s pardon of Nixon was the beginning of the end of any hope Ford had of being politically effective, and absolutely killed his future chances for reelection.

So let’s see… if Obama doesn’t want a political blood bath that might define his first term as him being a bush enabler and a torture excuser and might drown him, then he’ll tell Holder to appoint a Special Prosecutor, and answer Fertik’s question directly himself, instead of hiding behind excuses and Joe Biden, since according to Biden it is not the job of the president or the vice president, but of the Justice department.