Given Senator Lindsey Graham's military background, one would think he would push hard for the trial and conviction of all terrorists. After all, U.S. federal courts have successfully tried more than 195 terrorists since the terrorist attacks of September 11. But for the past five years, Graham has instead repeatedly obstructed the effort to try and convict the 9/11 detainees.
The Washington Post reports today that President Obama's advisors are planning to recommend that the administration reverse its decision to try the September 11 suspects in federal court and instead opt for military commissions. That's more than just disappointing, given the overwhelming consensus of military and legal experts that civilian courts are more effective for prosecuting terrorists. If the president were to heed that advice, it would also be astonishingly bad politics.
In reporting on the long-delayed release of the Justice Department's ethics report on the work of Bush administration lawyers who approved the torture of detainees, The New York Times on Saturday wrote that it "brings to a close a pivotal chapter in the debate over the legal limits of the Bush administration's fight against terrorism and whether its treatment of Qaeda prisoners amounted to torture."
I have been on the progressive side of the aisle virtually my whole life (being around a lot of Republicans in Nebraska, I did flirt with being a Republican when I was eight years old, but fortunately my older brother and sister talked me out of that quickly), but I have always believed that conservatives in American history had an honorable tradition in part. Yes, they have the pro-slavery, anti-women's suffrage, and Great Depression inducing Republicans in their midst, but they also had honorable patriots like John Adams and Everett Dirksen. Modern-day conservatives, however, have decided to throw the honorable part of conservatism under the bus along with every other sentiment that might get in their way.
The pro-torture crowd has taken over modern conservatism. People at the CPAC convention are firing themselves up with cries of "waterboard them" and cheering wildly as speakers advocated locking political prisoners away forever at Gitmo. Republicans are embracing a movement that trafficks in secessionism, birtherism, and making threats about armed revolt.
While there has always been a crazy streak in the conservative movement- the John Birch Society founder used to call Dwight Eisenhower a communist agent- the most wild extremists have never taken over the movement lock, stock and barrel before. Today they are thoroughly in control.
Here's what I find so puzzling. Let me throw out some random quotes for you, and you tell me which socialist tract they came from:
"Love mercy, show kindness, and walk humbly with your God"
"I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you made me welcome, lacking clothes and you clothed me, sick and you visited me, in prison and you came to see me... in so far as you did this to one of the least of these brothers of mine, you did it to me"
"He has filled the starving poor with good things, and sent the rich away empty"
"The spirit of the Lord is upon me, for he has anointed me to bring good news to the poor. He has sent me to proclaim liberty to the captives, sight to the blind, to let the oppressed go free, to proclaim a year of favour [when the poor would be forgiven their debts] from the Lord"
Okay, you probably guessed it: the socialist tract of which I speak is what is otherwise known as the Christian Bible. I've looked all through it for passages about how you should torture people, and perpetuate cruelty, but I couldn't seem to find them.
Jesus didn't talk about torturing people, he talked about helping the poor. George Washington forbade the use of torture even in the darkest days of the American Revolution when the British were doing it to our troops. Jesus and Washington seem to be the two people conservatives claim as their greatest heroes. Can you explain this to us, guys? The answer to "What Would Jesus Do" is definitely not torture.
I respect a conservatism that worries about the unintended consequences of change, and gets uncomfortable when government gets bigger or deficits get higher. A conservatism that exults in waterboarding, in torture used by the Inquisition and the Japanese in World War II? There is no honor in that. There is no justification for it. The conservative movement has been taken over by the pro-cruelty faction, and is on a dark, dark path.
It must be a strange feeling for many of the participants in the 2010 Washington Human Rights Summit to be coming to the capital of the United States where the government seems unable to decide whether upholding the rule of law and respecting human rights is a good idea or not. The summit participants are representatives of human rights movements that have struggled for decades, often at great personal cost, to end torture, detention without charge or trial and unfair trials in their own countries. What are they to make of a country where Congress is threatening to withhold funding for efforts to close the Guantanamo detention center, or where the former Vice-President goes on national television and proudly boasts of his role in authorizing torture?
Tonight, in his State of the Union Speech, President Obama said, "Let's reject the false choice between protecting our people and upholding our values. Let's leave behind the fear and division, and do what it takes to defend our nation and forge a more hopeful future - for America and the world." While his administration has made progress over the past year toward realigning our national security policy with our laws and values, additional steps must be taken to reform U.S. detention policy. The following are steps the Administration should take to put last night's words into practice:
Close Guantanamo
The Obama administration continues to hold 198 men in prolonged detention without charge at Guantanamo and it will not meet the one year deadline it set for closing the detention facility. Further steps need to be taken to ensure prompt closure of Guantanamo and to bring the number of Guantánamo detainees held without charge down to zero. These steps include:
•Bring Guantánamo prisoners suspected of crimes to justice in federal civilian courts. On November 13, 2009, Attorney General Eric Holder announced that the Justice Department would prosecute five Guantánamo detainees suspected of conspiring to commit the 9/11 attacks in federal courts of New York. These suspects and other detainees for whom there is sufficient admissible evidence that they have committed crimes should be promptly transferred for prosecution before federal civilian courts.
•Abandon the flawed military commissions. The military commissions, revamped for the third time in 2009, continue to fail to achieve justice or provide due process and have resulted in only three convictions in over seven years. This process should be abandoned in favor of the proven federal criminal justice system that has convicted over 145 terrorism suspects since the 9/11 attacks.
•Increase efforts to repatriate & transfer Guantánamo detainees to third countries. The Obama administration must intensify efforts to repatriate detainees not suspected of crimes or otherwise cleared for release and to find homes in third countries for detainees that cannot be repatriated for fear of persecution or torture.
The Administration must work closely with Yemeni officials to address current security concerns and to minimize potential risk before reinstating transfers there. With all transfers the administration can and should take steps to mitigate risk by focusing on expanding risk assessment efforts, monitoring, and other security programs, including allotting sufficient resources to successfully reintegrate former detainees into society.
Prevent Torture and Promote Humane Treatment
•Ensure that all detention and interrogations continue be governed by a clear standard of humane treatment. Very little has been made public about the standards that will govern the High Value Interrogation Group (HIG) established pursuant to the recommendations of the Special Interagency Task Force on Lawful Interrogation. The administration must ensure that the HIG has the clear guidance it needs to conduct its interrogations effectively and humanely and must make clear that cruel and coercive interrogation techniques, such as sleep and sensory deprivation and extreme isolation, are off the table. Apart from interrogation, conditions of detention must also be humane, and in compliance with applicable provisions of the Geneva Conventions.
•Provide the International Committee of the Red Cross (ICRC) with access to all armed conflict and security detainees. Holding prisoners incommunicado increases the risk of torture and abusive detention and interrogation practices. The administration should ensure that the ICRC has prompt notice of all detentions and timely access to all prisoners in U.S. custody in Afghanistan and to all Guantanamo detainees that remain in U.S. custody, wherever that may be, including those that will face prosecution in U.S. federal courts.
•Provide all U.S. interrogators with the tools they need to fulfill their responsibilities legally and effectively. Ensure that U.S. interrogators have the education, training, and support, they need to conduct lawful and effective interrogations. This should include resources for research and professional developments as well as a review of existing interrogation protocols-such as those in Appendix M of the Army's field manual on interrogation-that have questionable utility and are particularly vulnerable to abuse.
Ensure Accountability for Past and Future Abuses
•Hold perpetrators to account for crimes of torture and prisoner abuse. Attorney General Holder announced in August that he was launching a preliminary review into the whether federal laws were violated in connection with overseas interrogations. This review needs to be expanded to examine the architects of the system of prison abuse, not only those who implemented it or engaged in conduct beyond the bounds of unlawful guidance and orders.
•Make public the results of Justice Department investigation of the role of government lawyers in authorizing torture and other abuse. In 2005 the Justice Department's Office of Professional Responsibility began investigating the role of key lawyers from the Office of Legal Counsel in authorizing cruel interrogations. In mid-November 2009 Attorney General Holder told the Senate that the report was finally completed, in the last stages of review, and would be issued by the end of the month. It is far past time for the results of this investigation to be made public.
•Establish a nonpartisan commission of inquiry. It is not enough to put an end to unlawful practices. To ensure avoiding their repetition, they must also be thoroughly renounced. A nonpartisan commission should be established to ensure the U.S. government learns from past mistakes and effectively prevents future abuse. Such a review is needed to identify the systematic failures that lead to widespread prisoner abuse and to evaluate the impact of those policies on U.S. national security.
•Provide victims of torture and other abuse with access to remedies. The United States government has a legal obligation to provide victims of torture and other human rights abuses with access to enforceable remedies. The administration should cease attempting to block victims of torture, lesser forms of abuse, and arbitrary detention from having their day in court through invocation of doctrines such as the state secrets privilege and immunities that violate international law.
•Promptly investigate and prosecute all instances of arbitrary detention and detainee mistreatment by military and civilian personnel, including private contractors. Changes in policy are necessary but insufficient to ensure lawful detention. Detention policies and practices must be transparent. Where violations of the law are suspected, prompt investigation must ensue and individuals reasonably suspected of violations must be held accountable.
In the case of private contractors, a mandatory code of conduct should be established to ensure compliance with the law. Authorities must ensure that legal mechanisms are in place to hold contractors and their employees accountable for abuses. Where contract personnel violate the code of conduct and the law, prompt and transparent investigations leading to civil and criminal accountability, where warranted, must follow.
One year ago today, on his 2nd full day in office, I watched with considerable happiness and pride as President Obama sat at his desk in the Oval Office, flanked by a considerable number of high-ranking military officials and signed an executive order to close the prison at Guantanamo Bay within one year's time. The President's position was not one to consider whether to close GITMO, or to appoint a commission to consider whether to close GITMO or expressing a hope that maybe we can close GITMO.
Guantanamo Bay, Cuba, 11/18/09 - Legal proceedings, such as they are, rumbled to life again today at Guantanamo Bay. Pre-trial issues in the case of Mohammed Kamin, an Afghan man who was captured by the U.S. in Afghanistan in 2003, were heard in a military commission courtroom on a small hill a few miles away from where the more than 200 detainees left at Guantanamo are housed.
More than seven years after U.S. forces picked up a 15-year-old boy in a remote Afghan town and accused him of throwing a grenade at a U.S. soldier, the U.S. government appears to be on the verge of deciding where to give him his day in court.
I'm a big fan of out-of-the-box, attention-grabbing ads. These ones are running in the Farragut North metro stop here in DC (one of the busiest downtown stops and frequented a lot by DC organizational/lobbyist types) and I thought I would share.
"Close Guantanamo. End Torture. Investigate All Abuses."
"...it (torture) serves as a great propaganda tool for those who recruit people to fight against us."-Sen. John McCain talking about torture, FOX News, March 20, 2009
Osama bin Laden wearing an "I <3 Guantanamo" t-shirt
These are a sampling I took while waiting for a train. They're being run by Avaaz.org, which is doing a campaign to pressure Obama on the issue. More about it here.
It's not every day that retired generals denounce a Vice President. But two distinguished military leaders felt compelled to speak out against Mr. Cheney's support of torture, in an op-ed in today's Miami Herald.
Back in May, the Pentagon told the press that 1 in 7 Guantanamo detainees "returned to terrorism or militant activity." The New York Times ran with this lead, without even requesting a definition of "returned to terrorism or militant activity." Weeks later, the New York Times had to run a correction, essentially blaming the whole confusion on not receiving documents from the Pentagon. This was, of course, a ridiculous excuse. The Pentagon responded to my request for documentation in a matter of hours, with a pdf that described, entirely, how they define whether or not someone is suspected of returning to the battle field:
As I was looking over Jeralyn's top post on TalkLeft today, this paragraph caught my eye...
Some prisoners say they watched fellow detainees being beaten to death by guards, in overcrowded, stinking holding pens. Others said they had their fingernails ripped off, or were forced to lick filthy toilet bowls.
...and I immediately thought...
"More abuse at Guantanamo."
"Or Abu Ghraib."
"Or Bagram."
But I had overlooked the title of Jeralyn's article, "Iran's Abuse of Post-Election Detainees," and for the first and probably the only time in my life, I looked at a story about prison abuse with a mix of emotions which included relief.
"At least this time it wasn't my government."
I invite anyone else to try this out as a thought experiment, and imagine that you read Jeralyn's paragraph without knowing where it came from.
Wouldn't you probably assume that the abusers were... us.
Earlier this month I sat in the observer box in an air-conditioned court room in Guantánamo Bay, wondering what it would be like if commission proceedings designed to try suspected terrorists lived up to the old U.S. Army recruiting slogan, "Be all you can be."
David Danzig is at Guantanamo Bay this week observing military commissions.
Guantánamo Bay, July 15, 2009 --- Imagine for a moment that you are Richard Federico, the Navy Lieutenant charged with defending Mohammed Kamin, a man that the U.S. government has reportedly held at Guantánamo Bay since 2004 under charges that he provided "material support" to terrorists.
Guantánamo Bay, July 15, 2009: As the Obama administration and Congress mull reinventing for the third time a legal system to try terrorism suspects, three hearings were held today at Guantánamo Bay in the military commission cases of Omar Khadr, Mohammed Kamin, and Ibrahim al Qosi.
Guantánamo Bay, July 15, 2009: As the Obama administration and Congress mull reinventing for the third time a legal system to try terrorism suspects, three hearings were held today at Guantánamo Bay in the military commission cases of Omar Khadr, Mohammed Kamin, and Ibrahim al Qosi.
Guantánamo Bay, July 14, 2009: Navy Captain John Murphy, the chief military prosecutor at Guantánamo Bay, announced today that military prosecutors were ready to proceed with cases against 66 of the more than 220 security detainees held at the naval facility in Guantánamo Bay.
On January 20, 2002, six Algerian men who had been arrested in Bosnia arrived at the American prison on Guantanamo Bay. One of them, Lakhdar Boumediene, won a landmark case in the Supreme Court, and was subsequently released to France on May 15, 2009. Others, including Saber Lahmar, are still "detained."
Melissa Hoffer, one of the lawyers who represents the Algerian prisoners, has described the conditions of their imprisonment and the circumstances of their transfer from Bosnia to Guantanamo.
After a three-month investigation, the Bosnian federal prosecutor recommended to the Bosnian Supreme Court that all six be released. But again under heavy pressure from the United States, the Bosnians caved, and as the men were released from a jail in Sarajevo, the Bosnians turned them over to the United States.
"We could not understand what he was saying."
When we last saw Saber in November, he was in his sixth month of solitary confinement. Since August, he has seen us, his legal team, twice and a psychiatrist on three brief occasions. For a few minutes each day, he sees the camp guards who bring his meals. He has had no other human contact. The glaring lights in his cell are on 24 hours a day, seven days a week. When we left the cell, we could hear Saber shouting -- brief, truncated cries.
