Leave Of Absence
Hopefully, I will be able to resume decent blogging sooner than later ...
In the meantime, ya'll be excellent to each other.
I'll be back ...
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The OLC, as the New York Times explained in September 2007, holds a uniquely influential position, as it “interprets all laws that bear on the powers of the executive branch. The opinions of the head of the office are binding, except on the rare occasions when they are reversed by the attorney general or the president.” The legal opinions were, therefore, regarded as a “golden shield” by the administration, although, as lawyer Peter Weiss noted after I last wrote about the Bush administration’s war crimes, “it cannot be binding if it violates the constitution, or a jus cogens prohibition of international law, e.g. torture, or, perhaps, if it was made to order for the executive, as you demonstrate it was.”
1: The “torture memos” (August 2002)
The first of the four memos (PDF), dated August 1, 2002, is a companion piece to the notorious “Torture Memo” of the same day (PDF), leaked in the wake of the Abu Ghraib scandal, which, notoriously, attempted to redefine torture as the infliction of physical pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death,” or the infliction of mental pain which “result[s] in significant psychological harm of significant duration e.g. lasting for months or even years.”
These definitions were justified as legitimate attempts to interpret what the memo’s authors — OLC lawyer John Yoo and Assistant Attorney General Jay S. Bybee — regarded as imprecision in the wording of the prohibition against torture in the UN Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, as implemented by Sections 2340-2340A of title 18 of the United States Code, which defines torture as any act committed by an individual that is “specifically intended to inflict severe physical or mental pain or suffering … upon another person within his custody of physical control.”
In their attempts to justify the use of torture by US forces, Yoo and Bybee not only sought to redefine “severe pain or suffering” and “severe mental pain or suffering”; they also sought to nullify the concept of “specific intent” by providing a defense for anyone whose actions were undertaken “in good faith,” and, in addition, noted, “Even if an interrogation method arguably were to violate Section 2340A, the statute would be unconstitutional if it impermissibly encroached on the President’s constitutional power to conduct a military campaign.”
The “torture memo” was disturbing enough in and of itself, of course, and in particular because it provided so much of the justification for the horrendous mistreatment of prisoners that followed, in Guantánamo, Afghanistan and Iraq, but until last week the contents of the second memo — authorizing the use of specific torture techniques for the CIA to use on the supposed “high-value detainee” Abu Zubaydah — had never even been glimpsed, although we knew much of what it contained from the reports of Red Cross interviews with the 14 “high-value detainees” transferred to Guantánamo in September 2006 — including, of course, Abu Zubaydah and Khalid Sheikh Mohammed (KSM) — which were first reported by Jane Mayer, and featured prominently in her book The Dark Side, and were then analyzed in detail by Mark Danner for the New York Review of Books, in an article published last month, and a follow-up article, accompanied by the Red Cross report itself (PDF), that was published two weeks ago.
In the 18-page memo, John Yoo and Jay Bybee approved the use of ten techniques prohibited in the Army Field Manual, which eschews physical violence, and, instead, lays out a series of psychological maneuvers to secure cooperation. When applied with patience by skilled interrogators, these techniques (which are, essentially, also followed by several intelligence agencies including the FBI) are demonstrably effective, and have, for years, served to demonstrate that the US is capable of operating without resorting to the use of torture, but the Bush administration ignored their effectiveness, introducing torture into the military and the CIA, and sidelining those, like the FBI, who had actually begun to achieve results with both Abu Zubaydah and some of the Guantánamo prisoners without resorting to the use of torture.
The ten techniques — whose use is minutely micro-managed with a chillingly cold attention to detail — include a handful of physical tactics which, to my mind, seem mild compared to the widespread physical violence that accompanied detention in the “War on Terror” (“attention grasp,” “facial hold,” and “facial slap (insult slap)”), and a more insidious form of violence (“walling”), which involves repeatedly hurling prisoners against a false wall. Much more disturbing are the use of stress positions, sleep deprivation, confinement in small boxes, waterboarding, and — straight out of George Orwell’s 1984 — a proposal to prey on Zubaydah’s fear of insects by placing an insect into his “confinement box.”
This latter technique was, apparently, never used, but the others all were, and the memo blithely attempted to dismiss long-standing proof that all can be regarded as torture by being satisfied with time limits imposed on imprisonment in the “confinement boxes,” by declaring that the use of painful stress positions (on which no time limit seems to have been imposed) was only undertaken “to induce muscle fatigue,” and by claiming that the well-chronicled mental collapse that can result from sleep deprivation would, instead, only involve mild discomfort that “will generally remit after one or two nights of uninterrupted sleep,” even though, as Yoo and Bybee also noted, “You have orally informed us that you would not deprive Zubaydah of sleep for more than eleven days at a time.”
Justifying the use of waterboarding — a form of controlled drowning that was known to the honest torturers of the Spanish Inquisition as “tortura del agua,” and that, in a previous incarnation of the United States (Vietnam), involved prosecuting US soldiers for its use — Yoo and Bybee calmly approved of 20-minute sessions in which, presumably, the 20- to 40-second procedure was repeatedly as frequently as required, and shrugged off waterboarding’s demonstrably well-documented use as a form of torture by noting that, in the US military schools, where it is taught in the counter-interrogation program known as SERE (Survival, Evasion, Resistance, Escape), from which it was reverse-engineered for the “War on Terror,” it has never, according to “experts” consulted by the administration, produced “any adverse mental health effects.”
2: The Bradbury memos (May 2005)
This assertion is, of course, monstrously untrue, as psychologist Jeffrey Kaye demonstrated in an article last week, but the underlying premise of the August 2002 memo — that, although torture was needed to “break” the CIA’s prisoners, it was not actually torture because it did not inflict “severe physical or mental pain or suffering” — was spelled out much more clearly in May 2005, when the OLC’s Principal Deputy Assistant Attorney General, Steven G. Bradbury, produced another three memos, also released last week (and available as PDFs here, here and here), which picked up where Yoo and Bybee had left off.
Over the course of 106 pages, as he attempted to interpret torture so that it did not contravene the Convention Against Torture and Sections 2340-2340A of title 18 of the United States Code, Bradbury revisited much of the ground covered by Yoo and Bybee, but inadvertently made it even clearer than his predecessors had that there was a ludicrous gulf between, on the one hand, endorsing torture, and, on the other, attempting to claim that it would not cause either severe physical or mental harm.
As with the earlier memos, from my point of view the arguments about the techniques not causing severe physical pain were more plausible than those in which Bradbury attempted to argue that techniques derived from the SERE program — which are based on teaching soldiers to resist techniques designed to cause a complete mental collapse — do not cause severe mental pain or suffering. The very fact that SERE psychologists were so prominent in the CIA’s torture program makes it clear that “learned helplessness” — involving the brutal training of prisoners to become dependent on their interrogators for every crumb of comfort in their wretched, tortured lives — was designed not just to cause them severe mental pain or suffering, but to completely destroy them mentally. As Bradbury himself noted, when discussing the “conditioning techniques” that underpin the CIA prisoners’ conditions of confinement, “they are used to ‘demonstrate to the [detainee] that he has no control over basic human needs.’”
And yet, for page after page, Bradbury concluded that “nudity, dietary manipulation and sleep deprivation” — now revealed explicitly as not just keeping a prisoner awake, but hanging him, naked except for a diaper, by a chain attached to shackles around his wrists — are, essentially, techniques that produce insignificant and transient discomfort. We are, for example, breezily told that caloric intake “will always be set at or above 1,000 kcal/day,” and are encouraged to compare this enforced starvation with “several commercial weight-loss programs in the United States which involve similar or even greater reductions in calorific intake.”
In “water dousing,” a new technique introduced since 2002, in which naked prisoners are repeatedly doused with cold water, we are informed that “maximum exposure directions have been ‘set at two-thirds the time at which, based on extensive medical literature and experience, hypothermia could be expected to develop in healthy individuals who are submerged in water of the same temperature,’” and when it comes to waterboarding, Bradbury clinically confirms that it can be used 12 times a day over five days in a period of a month — a total of 60 times for a technique that is so horrible that one application is supposed to have even the most hardened terrorist literally gagging to tell all.
3: The ticking time-bomb scenario
The Bradbury memos are littered with fascinating snippets of information — “Careful records are kept of each interrogation,” for example — but one of the most revealing is the establishment that, although the array of techniques ”are not used unless the CIA reasonably believes that the detainee is a ‘senior member of al-Qaeda or [its affiliates], and the detainee has knowledge of imminent terrorist threats against the USA or has been directly involved in the planning of attacks,” use of the waterboard is “limited still further, requiring credible intelligence that a terrorist attack is imminent … substantial and credible indicators that the subject has actionable intelligence that can prevent, disrupt or delay this attack; and [a determination that o]ther interrogation methods have failed to elicit the information [and that] other … methods are unlikely to elicit this information within the perceived time limit for preventing the attack”; in other words, the ticking time-bomb scenario, which, outside the world of Jack Bauer, has never actually occurred.
4: The relentless waterboarding of Abu Zubaydah and Khalid Sheikh Mohammed
I find this distortion of reality disturbing enough, but, having decided that this was indeed the case with Abu Zubaydah, KSM and one other prisoner, Abdul Rahim al-Nashiri, the CIA and its masters then decided that, in the case of Zubaydah, it was, as Bradbury reveals in an extraordinarily telling passage, “necessary to use the waterboard ‘at least 83 times during August 2002,’” and “183 times during March 2003” in the interrogation of KSM.
These are mind-boggling figures, and, in addition, they seem to reveal not that each horrific round of near-drowning and panic, repeated over and over again, defused a single ticking time-bomb, but, instead, that it became a macabre compulsion on the part of the torturers, which led only to the countless false alarms reported by CIA and FBI officials who spoke to David Rose for Vanity Fair last December, or, as the author Ron Suskind reported in 2006, after Zubaydah “confessed” to all manner of supposed plots — against shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, and the Statue of Liberty — “thousands of uniformed men and women raced in a panic to each target … The United States would torture a mentally disturbed man and then leap, screaming, at every word he uttered.”
One sign that this is indeed the case comes in a disturbing footnote, in which Bradbury noted, “This is not to say that the interrogation program has worked perfectly. According to the IG Report [a massive and unpublished internal report that was clearly critical of much of the program], the CIA, at least initially, could not always distinguish detainees who had information but were successfully resisting interrogation from those who did not actually have the information … on at least one occasion, this may have resulted in what might be deemed in retrospect to have been the unnecessary use of enhanced techniques. On that occasion, although the on-scene interrogation team judged Zubaydah to be compliant, elements within CIA Headquarters still believed he was withholding information [passage redacted]. At the direction of CIA headquarters, interrogators therefore used the waterboard one more time on Zubaydah [passage redacted].”
5: The crucial differences between SERE and CIA waterboarding
Furthermore, as another revealing footnote makes clear, the IG Report also noted that, “in some cases the waterboard was used with far greater frequency than initially indicated,” and also that it was “used in a different manner” than the technique described in the DoJ opinion and used in SERE training. As the report explained, “The difference was in the manner in which the detainees’ breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the Agency interrogator … applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychiatrist/interrogators acknowledged that the Agency’s use of the technique is different from that used in SERE training because it is ‘for real’ and is more poignant and convincing.”
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In the memos, released Thursday, the Bush Administration White House Office of Legal Counsel offered its endorsement of CIA torture methods that involved placing an insect in a cramped, confined box with detainees. Jay S. Bybee, then-director of the OLC, wrote that insects could be used to capitalize on detainees’ fears.
The memo was dated Aug. 1, 2002. Khalid Sheikh Mohammed’s children were captured and held in Pakistan the following month, according to a report by Human Rights Watch.
While an additional memo released Thursday claims that the torture with insects technique was never utilized by the CIA, the allegations regarding the children would have transpired when the method was authorized by the Bush Administration.
At a military tribunal in 2007, the father of a Guantanamo detainee alleged that Pakistani guards had confessed that American interrogators used ants to coerce the children of alleged 9/11 mastermind Khalid Shaikh Mohammed into revealing their father’s whereabouts.
The statement was made by Ali Khan, the father of detainee Majid Khan, who gave a detailed account of his son’s interrogation at the hands of American guards in Pakistan. In his statement, Khan asserted that one of his sons was held at the same place as the young children of Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001 attacks.
“The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards,” the statement read. “They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” (A pdf transcript is available here)
Khan’s statement is second-hand. But the picture he paints of his son’s interrogation at the hands of American interrogators is strikingly similar to the accounts given by numerous other detainees to the International Red Cross. The timing of the capture of Khalid Sheikh Mohammed’s son — then aged seven and nine — also meshes with a report by Human Rights Watch, which says that the children were captured in September 2002 and held for four months at the hands of American guards.
“According to eyewitnesses, the two were held in an adult detention center for at least four months while U.S. agents questioned the children about their father’s whereabouts,” the report said.
The use of insects isn’t mentioned in a recently leaked International Red Cross report, in which Red Cross officials questioned detainees about their treatment at the hands of US forces and ultimately judged them to have been tortured. A second memo released Thursday, dated May 10, 2005, says the CIA told the White House insects were never actually used in interrogations.
“We understand that — for reasons unrelated to any concerns that it might violate the [criminal] statute — the CIA never used the technique and has removed it from the list of authorized interrogation techniques,” Steven Bradbury, a principal deputy assistant attorney general, wrote in a footnote.
It’s worth noting, however, that the Red Cross was denied access to individuals held at CIA black sites. Khan’s son, Majid, was among those President Bush moved from the CIA’s secret prison network to Guantanamo Bay.
The techniques Khan says were employed against his son also match those approved in the Bybee memo.
“What I can tell you is that Majid was kidnapped from my son Mohammed’s [not related Khalid Sheikh Mohammed] house in Karachi, along with Mohammed, his wife, and my infant granddaughter,” Khan said in his military tribunal statement. “They were captured by Pakistani police and soldiers and taken to a detention center fifteen minutes from Mohammed’s house. The center had walls that seemed to be eighty feet high. My sons were hooded, handcuffed, and interrogated. After eight days of interrogation by US and Pakistani agents, including FBI agents, Mohammed was allowed to see Majid.
“Majhid looked terrible and very, very tired,” Khan continued. “According to Mohammed, Majid said that the Americans tortured him for eight hours at a time, tying him tightly in stressful positions in a small chair until his hands, feet and mind went numb. They re-tied him in the chair every hour, tightening the bonds on his hands and feet each time so that it was more painful. He was often hooded and had difficulty breathing. They also beat him repeatedly, slapping him in the face, and deprived him of sleep. When he was not being interrogated, the Americans put Majid in a small cell that was totally dark and too small for him to lie down in or sit in with his legs stretched out. He had to crouch. The room was also infested with mosquitoes. The torture only stopped when Majid agreed to sign a statement that he was not even allowed to read.”
Later in his statement, Khan alleges that the Pakistani guards revealed other abuses by American agents.
“The Americans also once stripped and beat two Arab boys, ages fourteen and sixteen, who were turned over by the Pakistani guards at the detention center,” he said. “These guards told my son that they were very upset at this and said the boys were thrown like garbage onto a plane to Guantanamo. Women prisoners were also held there, apart from their husbands, and some were pregnant and forced to give birth in their cells. According to Mohammed, one woman also died in her cell because the guards could not get her to a hospital quickly enough. This was most upsetting to the Pakistani guards.”
One blogger notes, “The first indications the children may have been tortured were reported in Ron Suskind’s 2006 book The One Percent Doctrine.”
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Former CIA Director Hayden and Bush's Attorney General Mukasey published an op-ed in the Wall Street Journal last week that argued, in essence, that using torture works.
The fact that they, and former Vice President Cheney, are still making the argument is more than enough reason why President Obama needed to lay bare the "torture memos" that provided both the details and justification for the use of torture during the Bush regime.
As a country, we need to emerge from this debate having placed the argument that "torture works" outside of the boundaries of acceptable political discourse once and for all.
In considering whether "torture works" the first question is: what do we mean by "works"? Torture has been used for centuries to achieve a variety of goals. It has been used to force subjects to tell what they know, to confess to crimes, to renounce their faith.
There is little question that torture gets a response from its victims. That's why its practitioners find it "useful." But that is also what makes its results completely unreliable. It isn't hard for anyone to imagine that they would say pretty much anything to make the pain stop if they believed they were drowning, or if their joints felt they would break after they had hung by their arms for hours, or if they were repeatedly slammed against the wall, or if they had been left naked and shivering for hours in the cold and periodically showered with cold water, or if they had been confined in a small box for hours with insects. All of these were methods approved by the Bush Justice Department.
These are but the latest innovations in the tradition of ingenious, sadistic methods of inflicting pain and psychological torment. Over the centuries, torturers have invented machines like the rack to gradually tear apart people's limbs. They have used rubber hoses to beat the bottom of people's feet to a pulp. They have become adept at removing fingernails, and drilling on teeth without an anesthetic. They have learned to connect the exact amount of electric current a victim's testicles or nipples in order to inflict maximum pain without ultimately killing the subject. And of course there has always been the ever-popular old-fashioned beating. While these were not on the list of approved methods, they differ only modestly from those on the "approved list." All inflict excruciating physical or psychological pain.
It is precisely the fact that torture inflicts pain that makes it hard to believe the results of the intelligence that is gathered, or the truthfulness of a confession, or the sincerity of a renunciation of faith. That's why most professionals who specialize in interrogation reject the reliability of the information gained by torture, and why courts throw out confessions obtained by torture.
That in fact is why we have the Fifth Amendment to the Constitution - to prevent the coerced confessions that were commonplace in 18th Century Europe. Remember, the Fifth Amendment is not just about protecting the rights of the accused. It is also about protecting society from the coerced, false confession that leaves the real criminal on the street.
In fact in Chicago, just a few years ago, a particular police Lieutenant specialized in illegally obtaining false confessions by torture. The emergence of DNA evidence has since proved that many of the convictions resulting from those confessions were wrong - and the real criminals escaped justice.
Hayden and Mukasey would have us believe that only the "bad guys" were subject to torture. But of course we know that wasn't true - that hundreds of innocent people who were rounded up off the streets of Iraq were subject to "enhanced interrogation techniques" by the contractors at Abu Ghraib. We know that many of the detainees shipped to Guantanamo were turned over to our forces by bounty hunters and were innocent of anything except being in the wrong place at the wrong time. But that didn't stop some of them from being subjected to various forms of "enhanced interrogation."
The fact is that once you go down the slippery slope of tossing aside the law and allowing some people to be tortured, there is nothing to stop each and every one of us from being the subject in the chair with the light glaring down that someone in authority has decided - mistakenly or not - is a "security risk."
There is only one thing that we know about torture that works for certain: torture debases us. It doesn't just debase its victims or those who perpetrate it. It debases all of us in whose name it is conducted. It debases us to others in the world - who lose respect for our values and grow to hate our society. But just as importantly, it debases us to ourselves. It debases our self-respect and our respect for the institutions that make us civilized human beings.
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All is not well in Obamafanland. It's not clear exactly what accounts for the change of mood. Maybe it was the rancid smell emanating from Treasury's latest bank bailout. Or the news that the president's chief economic adviser, Larry Summers, earned millions from the very Wall Street banks and hedge funds he is protecting from reregulation now. Or perhaps it began earlier, with Obama's silence during Israel's Gaza attack.
Whatever the last straw, a growing number of Obama enthusiasts are starting to entertain the possibility that their man is not, in fact, going to save the world if we all just hope really hard.
This is a good thing. If the superfan culture that brought Obama to power is going to transform itself into an independent political movement, one fierce enough to produce programs capable of meeting the current crises, we are all going to have to stop hoping and start demanding.
The first stage, however, is to understand fully the awkward in-between space in which many US progressive movements find themselves. To do that, we need a new language, one specific to the Obama moment. Here is a start.
Hopeover. Like a hangover, a hopeover comes from having overindulged in something that felt good at the time but wasn't really all that healthy, leading to feelings of remorse, even shame. It's the political equivalent of the crash after a sugar high. Sample sentence: "When I listened to Obama's economic speech my heart soared. But then, when I tried to tell a friend about his plans for the millions of layoffs and foreclosures, I found myself saying nothing at all. I've got a serious hopeover."
Hoper coaster. Like a roller coaster, the hoper coaster describes the intense emotional peaks and valleys of the Obama era, the veering between joy at having a president who supports safe-sex education and despondency that single-payer healthcare is off the table at the very moment when it could actually become a reality. Sample sentence: "I was so psyched when Obama said he is closing Guantánamo. But now they are fighting like mad to make sure the prisoners in Bagram have no legal rights at all. Stop this hoper coaster-I want to get off!"
Hopesick. Like the homesick, hopesick individuals are intensely nostalgic. They miss the rush of optimism from the campaign trail and are forever trying to recapture that warm, hopey feeling-usually by exaggerating the significance of relatively minor acts of Obama decency. Sample sentences: "I was feeling really hopesick about the escalation in Afghanistan, but then I watched a YouTube video of Michelle in her organic garden and it felt like inauguration day all over again. A few hours later, when I heard that the Obama administration was boycotting a major UN racism conference, the hopesickness came back hard. So I watched slideshows of Michelle wearing clothes made by ethnically diverse independent fashion designers, and that sort of helped."
Hope fiend. With hope receding, the hope fiend, like the dope fiend, goes into serious withdrawal, willing to do anything to chase the buzz. (Closely related to hopesickness but more severe, usually affecting middle-aged males.) Sample sentence: "Joe told me he actually believes Obama deliberately brought in Summers so that he would blow the bailout, and then Obama would have the excuse he needs to do what he really wants: nationalize the banks and turn them into credit unions. What a hope fiend!"
Hopebreak. Like the heartbroken lover, the hopebroken Obama-ite is not mad but terribly sad. She projected messianic powers on to Obama and is now inconsolable in her disappointment. Sample sentence: "I really believed Obama would finally force us to confront the legacy of slavery in this country and start a serious national conversation about race. But now whenever he seems to mention race, he's using twisted legal arguments to keep us from even confronting the crimes of the Bush years. Every time I hear him say ‘move forward,' I'm hopebroken all over again."
Hopelash. Like a backlash, hopelash is a 180-degree reversal of everything Obama-related. Sufferers were once Obama's most passionate evangelists. Now they are his angriest critics. Sample sentence: "At least with Bush everyone knew he was an asshole. Now we've got the same wars, the same lawless prisons, the same Washington corruption, but everyone is cheering like Stepford wives. It's time for a full-on hopelash."
In trying to name these various hope-related ailments, I found myself wondering what the late Studs Terkel would have said about our collective hopeover. He surely would have urged us not to give in to despair. I reached for one of his last books, Hope Dies Last. I didn't have to read long. The book opens with the words: "Hope has never trickled down. It has always sprung up."
And that pretty much says it all. Hope was a fine slogan when rooting for a long-shot presidential candidate. But as a posture toward the president of the most powerful nation on earth, it is dangerously deferential. The task as we move forward (as Obama likes to say) is not to abandon hope but to find more appropriate homes for it-in the factories, neighborhoods and schools where tactics like sit-ins, squats and occupations are seeing a resurgence.
Political scientist Sam Gindin wrote recently that the labor movement can do more than protect the status quo. It can demand, for instance, that shuttered auto plants be converted into green-future factories, capable of producing mass-transit vehicles and technology for a renewable energy system. "Being realistic means taking hope out of speeches," he wrote, "and putting it in the hands of workers."
Which brings me to the final entry in the lexicon.
Hoperoots. Sample sentence: "It's time to stop waiting for hope to be handed down, and start pushing it up, from the hoperoots."
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The World Food Program describes the current global food crisis as a silent tsunami, with billions of people going hungry. Hunger is, indeed, coming in waves, but not everyone will drown in famine. The recurrent food crises are making a handful of corporations very rich-even as they put the rest of the planet at risk.
Built over half a century, largely with public grain subsidies and foreign aid, the global food-industrial complex is made up of large corporations that sell grain, seed, chemicals, and fertilizer, along with global supermarket chains and food processors.
When these players first came on the scene, world agriculture was different. Forty years ago, the global South had yearly agricultural trade surpluses of $1 billion. After three "Development Decades," they were importing $11 billion a year in food. Immediately following de-colonization in the 1960s, Africa exported $1.3 billion in food a year. Today it imports 25 percent of its food.
International trade agreements and pressure from the global North opened up entire continents to cheap, subsidized grain from the North. This put local farmers out of business, devastated local crop diversity, and consolidated control of the world's food system in the hands of multinational corporations. Today three companies, Archer Daniels Midland (ADM), Cargill, and Bunge control 90 percent of the world's grain trade.
The official prescriptions for solving the world food crisis call for more subsidies for industrialized nations, more food aid, and more so-called Green (or Gene) Revolutions. Expecting the institutions that built the current flawed food system to solve the food crisis is like asking an arsonist to put out a forest fire. When the world food crisis exploded in early 2008, ADM's profits increased by 38 percent, Cargill's by 128 percent, and Mosaic Fertilizer (a Cargill subsidiary) by a whopping 1,615 percent!
For decades, family farmers the world over have resisted this corporate control. They have worked to diversify crops, protect soil and native seeds, and conserve nature. They have established local gardens, businesses, and community-based food systems. These strategies are effective. They need to be given a chance to work.
The solutions to the food crisis are those that make the lives of family farmers easier: re-regulate the market, reduce the power of the agri-foods industrial complex, and build ecologically resilient family agriculture. Here are some of the needed steps:
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UN torture investigator: Obama has broken International law;Not too shaby for a Canadian scientist, eh?
Top UN Torture Investigator: Decision Not to Prosecute Violates International Law;
U.N. Official: No Pass For Torturers.
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Even as President Obama acted in the name of transparency and accountabilty in releasing the Bush administration's OLC's torture memos, he made assurances that the CIA agents who used the "enhanced interrogation techniques" meticulously detailed within would not be subject to criminal prosecution. Glenn Greenwald at Salon, Jeremy Scahill on his blog, David Bromwich at Huffington Post and Ta-Nehisi Coates at the Atlantic all have good takes on why Obama's decision is wrong. I concur. However politically expedient, Obama's nearly carte blanche absolution of torture was morally wrong, and his justification of it, from a professor of constitutional law, is intellectually dishonest.
Obama's rationalizations were artfully made to the point of being obfuscatory, but they can be boiled down to three points:
1) The strategic issue of national security. "The men and women of our intelligence community serve courageously on the front lines of a dangerous world...We must protect their identities as vigilantly as they protect our security, and we must provide them with the confidence that they can do their jobs."
2) The legal-ethical issue of obedience. The CIA agents were only carrying out "their duties relying in good faith upon legal advice from the Department of Justice."
3) The political issue of national unity and progress. "This is a time for reflection, not retribution...at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past."
The easiest to dismiss of these is the issue of national security. As Bromwich points out, the matter of protecting individual CIA agent's identities is "a calculated distortion." Any agent publicly named and prosecuted for torture would, of course, be removed from duty. Their identities no longer need to be protected as a matter of national security because they would no longer be in the business of national security.
As for the question of whether or not prosecutions would undermine intelligence agents' "confidence that they can do their jobs," I agree with Obama here. Prosecutions absolutely would undermine the CIA's confidence, and that is a good thing. No public official, least of all intelligence agents who already operate under cover of secrecy, should be wholly confident of the legality and morality of their actions. To guarantee such confidence would be to guarantee absolute impunity. Indeed, this necessary lack of confidence is precisely why the OLC memos exist in the first place, because interrogators were seeking advice about the legality of certain interrogation techniques. So the question is not whether or not prosecution would undermine the CIA's confidence, but rather a) how much so? and b) from what source is their confidence derived?
This brings us to the question of obedience. Obama's argument here is gravely disturbing. He asserts, in essence, that because the OLC says it is right, it is--that CIA agents should have absolute confidence in anything and everything approved by the OLC and/or ordered by the executive branch. Besides the shades of Nixon and Bush II, there are two things wrong with this assertion. First is the sweeping authority given to the OLC to determine wholly, by interpretation and in secrecy, the legality of actions that were known then to have been violations of multiple international and national laws. If the OLC determined tomorrow that rape was an appropriate interrogation technique, should CIA agents behave with confidence that they are acting within legal and moral bounds? I have a hard time believing that Obama, or anyone in his administration, thinks so.
Then there is the matter of culpability and deference to authority. Even if every single national and international law approved of the interrogation techniques used by the CIA, would they be just? Hannah Arendt wrestles famously with a similar question in Eichmann in Jerusalem. Eichmann claimed, as a CIA agent on trial might, that he was merely doing his duty, that he "not only obeyed orders, he also obeyed the law." Arendt, of course, found Eichmann both banal in his evil and culpable. Perhaps more to the point, she argued that the culpability of countless others (what others did or might have done) did not in any way mitigate Eichmann's guilt.
The same is true in the case of torture (although needless to say on a vastly different scale and context). Of course, higher-ups who ordered and sanctioned torture should be prosecuted as well, including the authors of the OLC memos. But that does not mean that the actual interrogators should be let off the hook en masse. Whether or not CIA interrogators should have refused orders or should have known that such orders were legally or morally wrong is a matter to be determined in trial, a matter of justice. It is not a question that can be swept away by the claim that they were just doing their jobs, that they were just being obedient subjects.
Because in the final analysis, it is highly likely that the CIA agents were just doing their jobs. And that those jobs were, in fact, criminal in nature.
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Obama made it clear he is generally ready to move on from the whole issue. So don’t expect David Addington, former counsel to Vice President Dick Cheney and self-appointed interrogation expert, to be hauled into court anytime soon. "We have been through a dark and painful chapter in our history," Obama said. "But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past."
In other words, the president turned the page. No prosecutions at any level, apparently. Based on Obama’s move-on tone, there may not even be an independent commission to dig into this issue (though the administration won't formally rule that out for now -- an internal Justice Department review of the lawyers who authorized the torture is still ongoing). "We have taken steps to ensure that the actions described within them never take place again," Obama said. See -- he stopped the torture program. It's all fixed. End of story.
Another major issue is lingering, however. Did the torture “work”?
Former Bush administration officials, of course, continue to insist that they got a lot of good intelligence from forcing water into people’s noses. Politico quoted one unnamed ex-Bush aide Thursday who blasted the decision. "It's damaging because these are techniques that work, and by Obama's action today, we are telling the terrorists what they are," the official said. "We have laid it all out for our enemies. This is totally unnecessary. … Publicizing the techniques does grave damage to our national security by ensuring they can never be used again -- even in a ticking-time-bomb scenario where thousands or even millions of American lives are at stake."
Cheney went on CNN last month to specifically defend the United States’ organized torture program -- which Cheney says was not torture: “I think those programs were absolutely essential to the success we enjoy, of being able to collect the intelligence that let us defeat all further attempts to launch attacks against the United States since 9/11,” he said. “I think it's a great success story. It was done legally. It was done in accordance with our constitutional practices and principles."
There were no professional interrogators involved in the creation of the CIA’s torture program. The pros would likely have balked, because they unanimously think torture is stupid and ineffective: People will tell you whatever they think will make you stop the treatment, never mind what the truth is. Those pros also chuckle at the thought of torture as an effective intelligence-gathering tool. News reports have seriously questioned the value of intelligence gathered through torture of suspected al-Qaida operatives like Abu Zubaydah.
So who is right? Is Dick Cheney Jack Bauer, or something more akin to an evil Col. Klink?
Without a rigorous investigation into the alleged efficacy of U.S. torture, we’ll never know. A torture commission would have looked into this very issue. With Obama's blessing, Congress could try to appoint a nonpartisan group of experts to carefully evaluate whether the torture program was an effective way to gather valuable intelligence or, as interrogators suspect, simply made desperate prisoners say whatever they had to say to make the pain stop, yielding a few gems among a flow of muck. But Obama hasn’t advocated a commission or any other vehicle to look into that, and today seems disinclined to do anything other than move on.
There are some indications that other Democrats are falling into line on ditching the commission idea, too.
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In a report to be published in tomorrow’s issue of the New England Journal of Medicine, researchers have concluded that air strikes by US-led coalition forces have killed mostly women and children. 39 percent were children, while 46 percent were women.
Interestingly enough, though the high-tech weaponry used by the invading forces killed a disproportionately large number of (presumably mostly non-combatant) women and children, it showed that among victims of suicide bombings only 12 percent were children.
The researchers used a database of 60,481 civilians violently killed during the first five years of the war, which was compiled by Iraq Body Count. They say that the shocking number of women and children killed are a function of using air strikes in urban combat settings, and the report may have policy implications elsewhere, where US air strikes seem to be killing large numbers of innocent civilians as well.
punditman says ...
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CIA officials who participated in enhanced interrogations during the Bush administration will not face charges, unnamed administration officials told the Associated Press on Thursday.I previously lectured (Obama administration) CIA director Leon Panetta on the matter of the law regarding torture.
"Even before President Barack Obama took office in January, aides signaled his administration was not likely to bring criminal charges against CIA employees for their roles in the secret, coercive terrorist interrogation program. It had been deemed legal at the time through opinions issued by the Justice Department under the Bush administration," the wire service reported.
"But the statement being issued Thursday by Attorney General Eric Holder, the nation's chief law enforcement officer, is the first definitive assurance that those CIA officials are in the clear, as long as their actions were in line with the legal advice at the time.
"The officials spoke about the Holder statement ahead of its release on condition of anonymity, so as not to pre-empt the attorney general."
"This is a victory for the CIA, which had been seeking a formal, public statement for its case officers, and which had been worried that the document's disclosures could subject many of them to future prosecution," wrote Marc Ambinder with the Atlantic. " Now, even if Congress launches investigations, the CIA will be, more or less, safe."
(...) the Convention Against Torture, which was signed by President Reagan in 1988 and ratified by the U.S. Senate in 1994, explicitly states the following among others (emphasis added):Now, Mr. Holder - pay extreme attention to articles 2.1 (No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture), 2.2 (An order from a superior officer or a public authority may not be invoked as a justification of torture), and 4.1 (Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture).Article 2
- Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
- No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
- An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 4
- Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
- Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5
- Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
- When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
- When the alleged offender is a national of that State;
- When the victim was a national of that State if that State considers it appropriate.
- Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article.
- This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 7
- The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
- These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
- Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
It should be obvious to you now, sir, that your demonstrated legal strategies so far not only constitute implied condoning of torture, but furthermore constitute a disavowal of the law of your country regarding torture - and consequently A) this makes you directly complicit after the fact of any and all acts of torture performed under the Bush administration; and B) this makes you directly complicit after the fact of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration.In other words, Mr. Holder: the Obama administration, of which your are an integral part, has consistently revealed itself to be complicit after the fact of such crimes through its systematic and relentless (quiet) defense of these, as well as acquiescence of the wrong-headed, echo chamber, mendacious, yoolegal justifications which created the environment whereby such barbaric atrocities were (could, can still be, are still) committed - and now evidently excused/accepted/embraced, despite whatever occasional lip service and/or showcase gestures to the contrary being served by President Obama and/or members of his administration - such as you.
All of which, under the same laws outlined above, render you and your administration equally guilty of criminal offences as outlined by said laws against torture.
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NSA spied on member of Congress and broke new laws, report saysSecurity - hallowed be thy fucking name, indeed ...
An article in The New York Times detailing new violations of the Foreign Intelligence Surveillance Act reports that in recent months the National Security Agency has been intercepting the communications of Americans on a scale going well beyond the broad legal limits established last year by Congress.
Even more shocking, the paper reveals that under the Bush administration the NSA spied on a member of Congress and sought to wiretap the lawmaker without a warrant.
Reports the Times:And in one previously undisclosed episode, the N.S.A. tried to wiretap a member of Congress without a warrant, an intelligence official with direct knowledge of the matter said.According to the Times, the NSA unintentionally spies on many Americans because it can't distinguish between American and non-American calls as "it uses its access to American telecommunications companies’ fiber-optic lines and its own spy satellites to intercept millions of calls and e-mail messages."
The agency believed that the congressman, whose identity could not be determined, was in contact — as part of a Congressional delegation to the Middle East in 2005 or 2006 — with an extremist who had possible terrorist ties and was already under surveillance, the official said. The agency then sought to eavesdrop on the congressman’s conversations, the official said.
The official said the plan was ultimately blocked because of concerns from some intelligence officials about using the N.S.A., without court oversight, to spy on a member of Congress.
The NSA's operational problems have "come under scrutiny from the Obama administration, Congressional intelligence committees and a secret national security court," and officials are concerned that the controversy "could damage the credibility of legitimate intelligence-gathering efforts."
The Justice Department has already issued a statement confirming the problems but insisting that it has taken "comprehensive steps to correct the situation and bring the program into compliance."
However, constitutional lawyer Glenn Greenwald suggests that "these widespread eavesdropping abuses enabled by the 2008 FISA bill -- a bill passed with the support of Barack Obama along with the entire top Democratic leadership in the House, including Nancy Pelosi and Steny Hoyer, and substantial numbers of Democratic Senators -- aren't a bug in that bill, but rather, were one of the central features of it."
"Everyone knew that the FISA bill which Congressional Democrats passed -- and which George Bush and Dick Cheney celebrated -- would enable these surveillance abuses," Greenwald continues. "That was the purpose of the law: to gut the safeguards in place since the 1978 passage of FISA, destroy the crux of the oversight regime over executive surveillance of Americans, and enable and empower unchecked government spying activities. This was not an unintended and unforeseeable consequence of that bill. To the contrary, it was crystal clear that by gutting FISA's safeguards, the Democratic Congress was making these abuses inevitable."
"There are exceedingly few specifics in [the Times] story detailing exactly what the abuses were," Greenwald says in conclusion "In other words, most of the information about the NSA's abuses remain concealed. We have learned only a small fraction of what took place."
Read the full New York Times story here.
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PM urged to restore science fundsWhile I agree in good part with this assessment, I nevertheless place equal blame on A) those patsies currently heading the various science funding councils (CIHR, NSERC, etc.), and B) the Christian fundies ignoramuses that are Harper, Goodyear, et al..
More than 2,000 scientists galvanized into 'Don't leave Canada behind' campaign
More than 2,000 researchers, including some of the country's most respected scientists, have signed an open letter to the Prime Minister calling the funding cuts in the January budget “huge steps backward for Canadian science.”
“When U.S. researchers are being actively approached for ideas to use the stimulus money to think big and to hire and retain their researchers, their Canadian counterparts are now scrambling to identify budget cuts for their labs, while worrying about the future of their graduating students,” the letter says.
But at the same time, one of the mathematicians who organized the letter said Canadian scientists must accept some of the blame because they have not been able to get their message across that funding basic research is important both for itself and for the economy.
“We don't blame the government. We only blame ourselves. We don't think there was anyone talking for front-line researchers,” said Nassif Ghoussoub, a respected and influential mathematician at the University of British Columbia.
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The International Committee of the Red Cross's torture report should be required reading for all Americans not just because its contents are shocking - which they are - but because it reveals that the United States is not the special nation that it often pretends to be, and won't be as long as it chooses to look away from such crimes.
A sad lesson from 9/11 is that the United States, which has long lectured the rest of the world about human rights, is no different than any other place after some shocking attack on its national security.
Washington will sink to levels of paranoia and barbarism just as fast as others will, especially if its leadership already has those inclinations as it did under President George W. Bush.
Arguably, the only real differences between the United States and some other government that debases itself with torture and vengeance are that the U.S. can inflict far more damage due to its unprecedented military power and that it is more prone to self-delusion from its sophisticated national PR.
The 41-page ICRC report, dated Feb.14, 2007, depicts scenes that could have come from the Middle Ages: naked prisoners forced to stand for long periods with their hands shackled over their heads or strapped to a bench while subjected to the drowning sensation of waterboarding or locked in tiny boxes as they scream and soil themselves.
The scenes reek of sadism, as if President Bush took some perverse pleasure in inflicting pain and humiliation on these people, much like an ancient king getting satisfaction in a grotesque punishment against someone who dared to challenge his authority. There was a similar sense of sick joy in the way Bush reacted to the hanging of Iraq's Saddam Hussein on Dec. 30, 2006.
But what is perhaps most significant about Official Washington's blasé attitude toward the disclosures about Bush's hearty embrace of the dark side is that it is part of a pattern: the nation's elites have long reacted to evidence of American complicity in torture and war crimes with a convenient blindness and a huge supply of double standards.
Though Bush and his inner circle may have crossed lines by directly involving the U.S. government in gross violations of international law, presidents of both parties have aided and abetted similar brutality when committed by American allies during the Cold War.
Nazi-Like Practices
Indeed, that record of extraordinary cruelty is the largely unwritten history of the Cold War, the U.S. government letting its fear of international communism lead to both tolerance and encouragement of Nazi-like practices: torture, assassination, mass slaughters and political repression.
Even after the Cold War ended, the United States refused to examine this ugly history in any systematic way. Though Democrat Bill Clinton was the first President elected after the collapse of the Soviet Union, he ignored calls for serious examinations of that historical era - until late in his presidency when he did declassify some documents relating to U.S. policy in Guatemala.
Then, after a Guatemalan truth commission based its investigation partly on the declassified U.S. record, Clinton issued an apology to the people of Guatemala for Washington's role in decades of atrocities that killed an estimated 200,000 people, including what was deemed genocide against Mayan Indians in the country's highlands during the Reagan administration.
While the Guatemalan records are starkly illustrative of how successive U.S. administrations enabled torture and mass murder, it represents only a sliver of the sordid Cold War history, with similar policies replicated in countries around the world for nearly half a century.
This wasn't just coincidence, either. Other information that surfaced during the Clinton administration revealed that the U.S. military pulled together the lessons from brutal counterinsurgency warfare in the 1950s and early 1960s into a series of training manuals for Third World militaries.
The U.S. intelligence community began compiling those lessons in 1965 by commissioning what became known as "Project X."
Based at the U.S. Army Intelligence Center and School at Fort Holabird, Maryland, the project was tasked with the development of lesson plans which would "provide intelligence training to friendly foreign countries," according to a brief history, which was prepared in 1991.
Called "a guide for the conduct of clandestine operations," Project X "was first used by the U.S. Intelligence School on Okinawa to train Vietnamese and, presumably, other foreign nationals," the history stated.
Linda Matthews of the Pentagon's Counterintelligence Division recalled that in 1967-68, some of the Project X training material was prepared by officers connected to the so-called Phoenix program in Vietnam, an operation that involved targeting, interrogating and assassinating suspected Viet Cong.
"She suggested the possibility that some offending material from the Phoenix program may have found its way into the Project X materials at that time," according to the Pentagon report.
In the 1970s, the U.S. Army Intelligence Center and School moved to Fort Huachuca in Arizona and began exporting Project X material to U.S. military assistance groups working with "friendly foreign countries." By the mid-1970s, the Project X material was going to military forces all over the world.
‘School of Assassins'
In 1982, the Pentagon's Office of the Assistant Chief of Staff for Intelligence ordered the Fort Huachuca center to supply lesson plans to the School of the Americas at Fort Benning, Georgia, which human rights activists denounced as the School of the Assassins because it trained some of Latin America's most notorious military officers.
"The working group decided to use Project X material because it had previously been cleared for foreign disclosure," the Pentagon history stated.
According to surviving documents released under a Freedom of Information Act request, the Project X lessons contained a full range of intelligence activities. A 1972 listing of Project X lesson plans covered aerial surveillance, electronic eavesdropping, interrogation, counter-sabotage measures, counter-intelligence, handling of informants, break-ins and censorship.
One manual warned that insurgents might even "resort to subversion of the government by means of elections [in which] insurgent leaders participate in political contests as candidates for government office."
Citizens were put on "'black, gray or white lists' for the purpose of identifying and prioritizing adversary targets." The lessons suggested creation of inventories of families and their assets to keep tabs on the population.
The internal U.S. government review of Project X began in 1991 when the Pentagon discovered that the Spanish-language manuals were advising Latin American trainees on assassinations, torture and other "objectionable" counter-insurgency techniques.
The manuals suggested coercive methods for recruiting counter-intelligence operatives, including arresting the target's parents or beating him until he agreed to infiltrate a guerrilla organization. To undermine guerrilla forces, the training manuals countenanced "executions" and operations "to eliminate a potential rival among the guerrillas."
By summer 1991, the investigation of Project X was raising concerns about an adverse public reaction to evidence that the U.S. government had long sanctioned - and even encouraged - brutal methods of repression.
But the PR problem was contained when the office of then-Defense Secretary Dick Cheney ordered that all relevant Project X material be collected and brought to the Pentagon under a recommendation that most of it be destroyed.
The recommendation received approval from senior Pentagon officials, presumably with Cheney's blessings. Some of the more innocuous Project X lesson plans - and the historical summary - were spared, but the Project X manuals that dealt with the sensitive human rights violations were destroyed in 1992, the Pentagon reported. [For details, see Robert Parry's Lost History.]
Glorifying Reagan
Even more historically significant than eliminating most Project X records was the successful Republican campaign in the mid-1990s to glorify the presidency of Ronald Reagan, which included putting his name on Washington National Airport and transforming him into an iconic figure beyond normal criticism.
In reality, Reagan was the pleasant face put on a long record of U.S. tolerance for the most grotesque actions by pro-U.S. dictators and right-wing terrorists around the world.
In 1980, Reagan's election was greeted with unalloyed joy by Third World oligarchs and tyrants, tired of Jimmy Carter's nagging about human rights. Their optimism was not misplaced. For years, Reagan had been a staunch defender of right-wing regimes engaged in bloody counterinsurgency campaigns against leftist enemies.
In the late 1970s, when Carter's human rights coordinator, Pat Derian, criticized the Argentine military for its "dirty war" -- tens of thousands of "disappearances," tortures and murders -- then-political commentator Reagan joshed that Derian should "walk a mile in the moccasins" of the Argentine generals before criticizing them. [See Martin Edwin Andersen's Dossier Secreto.]
Despite his aw shucks style, Reagan found virtually every anticommunist action justified, no matter how brutal.
From his eight years in the White House, there is no historical indication that he was troubled by the bloodbath, torture and even genocide that occurred in Central America during his presidency, while he was shipping hundreds of millions of dollars in military aid to the implicated forces.
The death toll was staggering - an estimated 70,000 or more political killings in El Salvador, possibly 20,000 slain from the Reagan-organized contra war in Nicaragua, about 200 political "disappearances" in Honduras and some 100,000 people eliminated during a resurgence of political violence in Guatemala. Many victims suffered rape and torture before their deaths.
Yet, even as the world community has sought to punish war crimes in the former Yugoslavia, Rwanda and now Sudan, no substantive discussion has occurred in the United States about facing up to Reagan's horrendous record of the 1980s - or holding accountable implicated U.S. officials or the pro-U.S. killers and torturers in Central America and elsewhere.
Some of those U.S. officials, such as former Assistant Secretary of State Elliott Abrams and former Ambassador to Honduras John Negroponte, returned to key national security jobs under George W. Bush. Dick Cheney was back, too, as Vice President.
A Troubling Record
So, given that history of U.S. officials sanctioning torture and murder by allies and encountering no accountability, it shouldn't come as too much of a surprise that - post 9/11 - the Bush administration would take the next step and authorize the barbarism directly.
Still, that troubling reality had to be kept under wraps to maintain the fiction that "the United States doesn't torture." Which explains why President Bush flew into such a rage - and expressed such personal disgust - when the photographs of the Abu Ghraib abuses in Iraq were leaked.
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Scott Horton reports this morning that, in Spain, "prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates [John Yoo, Jay Bybee, David Addington, Doug Feith and William Haynes] over their role in the torture of five Spanish citizens held at Guantánamo." Spain not only has the right under the Geneva Conventions and the Convention Against Torture to prosecute foreign officials for torturing its citizens, but it -- like the U.S. -- has the affirmative obligation to do so. (Indeed, the Bush administration itself insisted just last year that the U.S. the right to criminally prosecute foreign officials for ordering acts of torture even in the absence of an accusation that any of the victims were American).
As Hilzoy argues, however, the primary obligation for these prosecutions lies with the country whose officials authorized the war crimes -- the United States:
It is a requirement of law, the law that the Constitution requires Obama, as President, to faithfully execute. He should not outsource his Constitutional obligations to Spain.
That the U.S. has the legal obligation under the U.S. Constitution, our own laws and international treaties to commence criminal investigations is simply undeniable. That is just a fact. Yet it's hard to overstate how far away we are from fulfilling our legal obligations to impose accountability on our own torturers and war criminals.
The barriers to these prosecutions are numerous, but one of the principal obstacles is that CIA Director Leon Panetta has been emphatically demanding that there be no investigations of any government officials whose conduct was declared legal by DOJ lawyers (i.e., the very individuals the Spanish are now investigating for war crimes). And it's not surprising that Panetta has taken this position given that at least two of his top deputies at the CIA are among those implicated, to one degree or another, in the torture regime, as John Sifton detailed earlier this month at The Daily Beast:
The New York Times reported that Leon Panetta, the current CIA director, has taken the position that "no one who took actions based on legal guidance from the Department of Justice at the time should be investigated, let alone punished." Yet a number of CIA officials implicated in the torture program not only remain at the highest levels of the agency, but are also advising Panetta. Panetta's attempt to suppress the issue is making Bush's policy into the Obama administration's dirty laundry.
Take Stephen Kappes. At the time of the worst torture sessions outlined in the ICRC report, Kappes served as a senior official in the Directorate of Operations-the operational part of the CIA that oversees paramilitary operations as well as the high-value detention program. (The directorate of operations is now known as the National Clandestine Service.) Panetta has kept Kappes as deputy director of the CIA-the number two official in the agency.
And why is it that Stephen Kappes was made the number 2 officials at the CIA despite his being in a key CIA position during the implementation of America's torture regime? Because the two most important Senate Democrats on intelligence matters -- Jay Rockefeller and Dianne Feinstein -- insisted that he be so empowered as a condition for their supporting Panetta's nomination, after both of them first demanded that Kappes actually be made CIA Director. Here's what Andrea Mitchell reported back in January:
NBC News has learned that Senate Democrats -- including Dianne Feinstein and Jay Rockefeller, who are the incoming and outgoing Intelligence chairmen -- have privately recommended a career CIA officer to head the agency.
Democratic sources indicate that both have recommended deputy CIA Director Steve Kappes, a veteran CIA intelligence officer who is widely credited with getting the Libyans to give up their nuclear program.
Just to give a sense for how our political class thinks about torture, here is what Mitchell appended to the end of her report: "One potential downside for Kappes: Like former counter-terror chief John Brennan, some critics says [sic] he had line authority over controversial decisions involving interrogation and detention." So Kappes' connection to the CIA's torture program was a "potential downside" to his becoming CIA Director. A potential downside. Once Obama chose Panetta rather than Kappes, Rockefeller and Feinstein agreed to support Panetta's nomination only once they were given assurances that Kappes would become Panetta's deputy.
This Thursday will be a very significant test for how much influence the anti-accountability camp exerts within the Obama administration and for how serious Obama's pledges of transparency were, as that day is the latest deadline for the Obama DOJ either to release the three key OLC torture-authorizing memos, release them in heavily redacted form, or refuse to release them at all. It has been widely reported that a "war" has broken out within the Obama administration over their release, with key Bush-era intelligence officials -- such as Obama's top counter-terrorism aide John Brennan and ex-CIA Director Michael Hayden -- demanding the ongoing concealment of the memos. Those torture memos are reputed to be among the most vivid torture documents of the Bush era, and thus will almost certainly fuel the flames of investigations and prosecution -- both here and internationally. That is what has prompted the "war" over their disclosure. It's hardly a surprise that if you empower the very people most connected to the Bush CIA, there will be substantial forces blocking any attempt to bring accountability under the rule of law for the crimes that were committed.
Just think about what all this means: not only are we failing to investigate or indict those who authorized torture, but we haven't even reached the point yet where we've decided that these crimes are bad enough that those implicated ought to be barred from serving in the highest positions in our Government. While Spain proceeds to fulfill the Obama administration's duties to investigate and prosecute our war criminals, some of those most implicated remain in positions of high authority within our own intelligence and counter-terrorism agencies -- thanks to Senate Democrats such as Feinstein and Rockefeller.
Our political class has simply never come to terms with how severe are these war crimes and how acquiescent to and outright supportive so many officials from both parties -- and so many of our media stars -- were. That's why huge numbers, arguably majorities, of Americans want criminal investigations to commence, but our political class remains virtually unified against them -- notwithstanding that they are legally required -- because, as has been conclusively proven over and over, the last thing our political and media elites care about is the "rule of law." That will become more apparent as other countries, such as Spain, demonstrate that they actually take things like that seriously.
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Bolton Calls Invading Somalia With A ‘Coalition Of The Willing’ ‘The Prudential Response’ To PiracyJust like waging war on a tactic like terrorism, now it's time to wage war on a ciminal activity like piracy (ri-ight ...).Yesterday, the Navy Seals launched a daring and successful effort to free the American cargo ship captain who had been held hostage by Somali pirates for five days, killing three pirates. Throughout last week, some conservatives used the hostage situation to lobby for military action and massive defense spending on irrelevant weapons.
At the forefront of the calls for war was, unsurprisingly, former U.N. Ambassador and perpetual war-monger John Bolton. Even after the successful rescue of the American hostage, Bolton endorsed a ground invasion of Somalia this morning on Fox News:
FOX HOST: Ambassador, if you were serving in this administration, would it be your recommendation that they go in to, militarily with air strikes and/or boots on the ground, into these so-called feral cities, where these pirates are taking hold? Should we go in and take those people out, and take their installations out, now, militarily? Is that what you’re suggesting?
BOLTON: Yes. … Unless we go in and really end this problem once and for all, we will simply see it grow over time.
On Friday, Bolton called for a “coalition of the willing” to attack Somalia, saying the use of force was “the prudential response” to piracy problems. He kept up his calls for war over the weekend. Watch it:
For Bolton, war is always the best option. Last year, he said that attacking Iran “is really the most prudent thing to do.” In 2002, he declared Saddam Hussein to be “a real threat,” making it “a very prudent and logical conclusion that he needs to be replaced.” And less than two weeks before Bush ordered the invasion of Iraq, Bolton praised “the prudent course we are on with Iraq.”
Bolton’s insistence that we will see the piracy off the coast of Somalia “grow over time” without U.S. military intervention to “end this problem once and for all” is striking. Back in 1994, Bolton lambasted the Clinton administration for expanding the U.S. mission in Somalia to prevent it from becoming a failed state. Clinton’s efforts “led to the violence and embarrassment that ultimately ensued,” Bolton wrote.
In 2005, Bolton stood by his critique, saying, “I would not have intervened in Somalia.” Today, however, Bolton views such intervention — including the possibility of “boots on the ground” — as “the prudential response.”
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