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If Attorney General Eric Holder creates a special prosecutor for torture but forbids him or her to prosecute the lawyers who facilitated torture or the top officials who ordered it, proposing to go after only torturers who exceeded the limitations outlined in the lawyers' memos, what are the risks?
I am strongly in favor of an investigaton or prosecution of the Bush/Cheney administration. One resource that I would recommend is www.AfterDowningStreet.org.
The best start would be a bi-partisan truth commission, modelled on the 9/11 commission. As we push for that, let us make every effort to suspend judgment. That is, if we say "Bush is a criminal, but we can't convict until we prosecute, so let's prosecute as a formality", then we sound like this is a partisan witch hunt, such as what Kenneth Starr did to Clinton. If we proceed with that approach, and fail to convict, then there will be a big PR backlash in favor of Bush and against the prosecutors. And even if we do convict, the appearance of partisan bias may still make it look like an unjust conviction.
Instead, let us say: "There have been serious allegations against Bush, Cheney, and others. Let us conduct an independent, bi-partisan investigation. If Bush is innocent, his name will be cleared. If he is guilty, he will face the legal consequences." Of course, no matter how far we bend over backwards to be fair, objective, and bi-partisan, the far right (Rush, Hannity, Beck, and so on) will scream and yell about bias. But it should be possible to do an investigation in a way that about 90% of the American people will agree is fair.
I believe that there are several serious charges to consider. The most serious charge is brought by former prosecutor Vincent Bugliosi, in his book "The Prosecution of George W. Bush for Murder". Bugliosi alleges that Bush knowingly lied to get us in to war in Iraq, and should therefore be tried for the murder of over 3,000 American troops who died there. Bugliosi also goes to great lengths to distinguish the actions of Bush from the actions of other presidents who have sent American soldiers to die in foreign wars; the main difference is that the other Presidents believed their actions to be justified, and did not lie to the American people about the reasons for war.
Another of the charges against Bush is war crimes. If the acts of torture carried out in Abu Ghraib were not abberations carried out by "a few bad apples", but were ordered by the Bush administration, then the Bush administration has broken various American and international laws. Likewise, it is known that waterboarding and other "enhanced interrogation techniques" have been used in Gitmo, and that these were authorized by the Bush administration. If waterboarding is torture, and if torture is a serious violation of U.S. and international laws, then again the Bush administration deserves prosecution.
Another crime connected to Gitmo is the treatment of prisoners of war and terror suspects. Americans can be held by the government as crime suspects, but they must be charged with a crime, and given a lawyer and a trial. Jose Padilla was held without charge or trial for over three years.
Anyway, the above list should be a good starting place. I am not even a lawyer, and I created the list above from my memory of headlines and with the help of a few minutes of internet research. Each of the alleged crimes listed above deserves investigation, and if supported by the facts, several of them may deserve prosecution. And all of that should be supported by a majority of Americans. If done correctly, an investigaton of the Bush administration is both good policy and good politics.
200 Organizations Ask Holder to Appoint a Special Prosecutor for Bush, Cheney, et alia
Two hundred organizations, including After Downing Street, Democrats.com, the Robert Jackson Steering Committee, the Center for Constitutional Rights, the National Lawyers Guild, the Society of American Law Teachers, Human Rights USA, the American Freedom Campaign, and the Bill of Rights Defense Committee, have signed a joint statement urging Attorney General Eric Holder to appoint a special prosecutor for former top officials of the Bush Administration.
#1: Cheney says that he and Bush ordered torture but did nothing wrong.
On Sunday, Cheney said: "The fact of the matter is that these [torture] techniques that we're talking about are used on our own people. In the SERE program that in effect trains our people with respect to capture and evasion and so forth, and escape, a lot of them go through these same exact procedures."
If this were true, participants in the SERE program would be kidnapped and tortured by people willing to kill them. They would be waterboarded believing they might be drowned. This would be done upwards of 100 times. They would be hung by their wrists, beaten, electroshocked, deprived of sleep, stripped naked and exposed to cold, attacked by dogs, slammed against walls, kept in isolation, and in many cases killed, in many other cases driven insane.
Good news is being taken as bad. Vermont constituents of Senator Patrick Leahy report that he's finding very little support for his proposed truth and reconciliation commission from Republicans or Democrats in the Senate. Numerous people have taken this as bad news and cause to despair. I disagree. Here are ten reasons why.
Former U.S. Official Arrested in Italy
By P.V. Maro,
ROME ( ) - John C. Yoo, a former Deputy Assistant Attorney General of the United States, was arrested on Tuesday in Milan, Italy, and is being held for possible extradition to Spain, where he and five other retired officials who served under former President George W. Bush are expected to be indicted by a Spanish court for violations of the Geneva Conventions, the Convention Against Torture, and the Rome Statute of the International Criminal Court.
Leading human rights organizations in the United States on March 20th presented charges of human rights abuse and torture against the U.S. government to the Inter-American Commission on Human Rights (IACHR), which can recommend actions, including prosecutions, to the U.S. government, other nations' governments, or the Inter-American Court of Human Rights.
We are fast approaching the end of the sixth year since the invasion and occupation of Iraq, and seven and a half in Afghanistan. There has been no accountability for the criminals who launched these wars of aggression. The current congress and president are continuing both and escalating one.
But awareness and public pressure continue to grow, as does the possibility of criminal prosecution for some of the war crimes. Over 150 groups are asking the attorney general to appoint a special prosecutor for Bush and Cheney. You can add your name or your organization, and find a dozen other easy steps to take here:
http://prosecutebushcheney.org
We urge Attorney General Eric Holder to appoint a non-partisan independent Special Counsel to immediately commence a prosecutorial investigation into the most serious alleged crimes of former President George W. Bush, former Vice President Richard B. Cheney, the attorneys formerly employed by the Department of Justice whose memos sought to justify torture, and other former top officials of the Bush Administration.
Our laws, and treaties that under Article VI of our Constitution are the supreme law of the land, require the prosecution of crimes that strong evidence suggests these individuals have committed. Both the former president and the former vice president have confessed to authorizing a torture procedure that is illegal under our law and treaty obligations. The former president has confessed to violating the Foreign Intelligence Surveillance Act.
We see no need for these prosecutions to be extraordinarily lengthy or costly, and no need to wait for the recommendations of a panel or "truth" commission when substantial evidence of the crimes is already in the public domain. We believe the most effective investigation can be conducted by a prosecutor, and we believe such an investigation should begin immediately.
Sign a petition asking Attorney General Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in war crimes. Sign now.
Collect signatures in the real world by printing out this PDF. Please enter the data you collect on the petition online and/or mail the completed (or partially completed) forms to JDS, 4407 Garrison Street NW, Washington DC 20016.
Phone and Email and fax the Office of the Attorney General at 202-514-2001 AskDOJ@usdoj.gov fax:202-307-6777 to request a Special Prosecutor to investigate and prosecute any and all government officials who have participated in war crimes.
Today Obama's CIA nominee, Panetta, recanted yesterday's testimony admitting that we, the United States, rendered persons to foreign countries to be tortured. There is ample public testimony from military and CIA officials that the U.S. has rendered persons to be tortured.
The Bush administration perpetuated its torture policy by secretly ordering the use of torture while publicly proclaiming that we do not use torture as a method of interrogation. Panetta's public statement today that he has no evidence that we rendered persons to be tortured makes it clear that the Obama administration will continue the Bush pro-torture policy.
The only way, let me repeat, the only way we as Americans can stop our policy of using torture as a method of interrogation is to shed light on our past actions, admit what we have done, and work to bring to justice those who ordered the use of torture. Panetta's public denial of our past policy of rendering persons to foreign countries to be tortured will work to effectively obstruct attempts to investigate our past practices, and it will greatly impede efforts to bring those who ordered the use of torture to justice.
I take Mr. Panetta's public statements today before a Congressional Committee to be proof positive that the Obama administration is a pro-torture administration.
Alberto Gonzalez is disturbed over Eric Holder's unambiguous confirmation hearing statement: "Waterboarding is torture." NPR interviewed Gonzalez and you can find a summary at The Swamp. I've annotated it here with notes from inside Alberto's head:
Gonzales, in an interview airing on National Public Radio's Tell Me More today, voiced his concern about "Making a blanket pronouncement like that.'' He noted "the effect it may have... on the morale and the dedication of intelligence officials and lawyers throughout the administration."
Voice Inside Alberto's Head (VIAH): It's hurting my morale. Plus, I can't get a job as it is.
"My reaction was very similar to General Mukasey's reaction, which was concern about making a pronouncement like that,'' Gonzales said, pointing to the "concern that would arise in the minds of intelligence officials and lawyers at the department, who all acted in good faith, working as hard as they can under very difficult circumstances, to give advice and make decisions to protect our country...
VIAH: It was those intelligence officers and lawyers I worked with who wanted to do all those bad things, not me.
"I don't know whether or not, in making that statement, Mr. Holder had access to all of the opinions, all of the underlying documentation supporting the opinions'' that the Justice Department had issued on the question, he said - noting also "the threat that existed at the time these opinions were offered, and the opinions of the intelligence officials about their belief in a particular detainee having very important, valuable intelligence information that might save American lives.''
VIAH: There was a ticking time bomb you see, and we had "opinions" that torture was okay. W had opinions, Rummy had opinions. John Yoo had some really great opinions.
On the question of prosecuting officers who employed any of the "extreme tactics'' that the Bush administration has acknowledged, without admitting to any "torture'' of detainees: "I don't think that there's going to be a prosecution, quite frankly.'' Gonzales said. "Because again, these activities.... They were authorized, they were supported by legal opinions at the Department of Justice.''
VIAH. Duh! You people are so stupid. We said we could torture people, don't you get that? We gave ourselves the authority so we had the authority. I could poke you in the eyes right now because I still have the authority to do that. John Yoo said so.
How Atrocity Compounds and Multiplies; The Case of Maher Arar and Omar Khadr
The decision to suspend all ongoing MCA terrorism trials at Guantanamo has one slight unfortunate side-effect; the trial of accused 15 year old Canadian grenade-thrower Omar Khadr was actually starting to reveal some very interesting and important things in testimony (though of course stopping the trials was the right thing to do).
One surprising revelation was a purported link between Khadr and another Canadian who got mangled in the Bush Administration war on terrorism, the Syrian born Maher Arar. Arar, on his way back to Canada in September 2002 was detained by US authorities at JFK airport while changing flights. He was subsequently sent, not to Canada, his country of residence and citizenship, but to Syria, which was known to employ torture. The Syrians, eager to cooperate with America, tortured and interrogated Arar for a year before returning him to Canada, having found no evidence he was a terrorist. A subsequent Canadian inquiry would also clear Arar of any connection to terrorism and the Canadian government paid him $10M in compensation for Canada's role in Arar's illegal rendition to Syria. The US government did not cooperate in this Inquiry and has refused to clear Arar to the end of the Bush Administration.
In prosecution testimony on Monday, FBI Special Agent Robert Fuller claimed that during interrogations of Khadr in Afghanistan back in October 2002, Khadr claimed to know Arar, identified him by name from a photograph and claimed he had seen him in Al Qaeda safe houses in Afghanistan during September-October of 2001. This appeared to re-implicate Arar and vindicate at least his detention by US authorities. Then came Tuesday, and the cross-examination of Fuller.
And in the naked light I saw
Ten thousand people, maybe more.
People talking without speaking,
People hearing without listening,
People writing songs that voices never share
And no one dared
Disturb the sound of silence.
Fools said I, you do not know
Silence like a cancer grows. Hear my words that I might teach you,
Take my arms that I might reach you.
But my words like silent raindrops fell,
And echoed
In the wells of silence
If a far right crazed wingnut can get it right, why can't the rest of us?
This comparison is one that we can use to good effect, but only if we do it continuously and loudly.
A friend of mine Tuesday morning, a nearly unquestioning Obama supporter, said to me, and I quote:
No argument from me. Ford should have been stood against the wall and shot for that pardon. Nixon cooling his heels in the clink for a few years would have prevented this mess, no doubt.
Ford's pardon of Nixon was the beginning of the end of any hope Ford had of being politically effective, and absolutely killed his future chances for reelection.
First let me say that we want Eric Holder confirmed as Attorney General. We want him confirmed because of statements like this...
Washington, D.C. -- Eric H. Holder Jr., Deputy Attorney General during the Clinton administration, asserted in a speech to the American Constitution Society (ACS) that the United States must reverse "the disastrous course" set by the Bush administration in the struggle against terrorism by closing the detention center at Guantanamo Bay, declaring without qualification that the U.S. does not torture people, ending the practice of transferring individuals involuntarily to countries that engage in torture and ceasing warrantless domestic surveillance.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
We want the man who said those words to be our next Attorney General. Because in truth and in a logical world the best way, perhaps the only way, to "reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights".....is to investigate and then prosecute those who have criminally destroyed that standing. They destroyed it by using torture.
' I am dismayed by the rhetoric from US politicians and pundits to the effect that "if the US were under rocket attack from Mexico or Canada, we would respond like the Israelis". This a gross insult to US servicemen; I can assure you that we would NOT respond like the Israelis... Israel has indeed taken a small number of casualties from Hamas rocket fire (about 20 killed since 2001), but we have taken thousands of casualties in Iraq and Afghanistan, including many civilian personnel. Hundreds of American casualties have occurred due to indirect fire, often from mortars. This is particularly true in or near the Green Zone in Baghdad. This fire often originates from densely populated urban areas.
Americans do not, I repeat DO NOT, respond to that fire indiscriminately. When I say "indiscriminately", I mean that even if we can precisely identify the source of the fire (which can be very difficult), we do not respond if we know we will cause civilian casualties. We always evaluate the threat to civilians before responding, and in an urban area the threat to civilians is extremely high. If US servicemen violate those rules of engagement and harm civilians, I assure you we do our best to investigate -- and mete out punishment if warranted. There are differing opinions on the conflict in Iraq, but I am proud of the conduct of our servicemen there.
With that in mind, I find the conduct of the Israeli army in Gaza to be brutal and dishonorable, and it is insulting that they and others claim that the US military would behave in the same way. follow similar rules of engagement rings hollow; I see little evidence for this claim I know the Israelis are operating under difficult circumstances, but their claim that theygiven the huge number of civilian casualties they have caused from indirect fire. '
Don't expect me to or even ask me to tell you why you should sign the petition.
You already know why you should sign the petition. You don't need me or anyone else to tell you why you should sign the petition.
Click the Badge to read and sign the Formal Petition to Attorney General-Designate Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
Click "Get Badge" to get the html code and post the badge on your blog or website so other people can find and sign the petition too.
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
Signing the petition drafted by budhydharma and Docudharma is not in defiance of our President-Elect Obama, but rather a sign of support for the difficult times that he and Holder will face when performing their clear constitutional duties.
As President, Obama will have the constitutional duty to faithfully execute our laws.
The constitutional oath of office will require President Obama to faithfully execute the office of President and preserve, protect and defend our Constitution. Our constitution also requires that our presidents "shall take care that the laws be faithfully executed." The principle of the rule of law is partially based on this Faithfully Execute clause which requires our President to comply with laws, our Constitution and treaties because our Constitution established a government of laws, not of men and women.
The Geneva Convention is one of the laws which must be faithfully executed.
Our constitution mandates that treaties are one of the laws that the President must faithfully execute. Moreover, treaties are recognized as one of our supreme laws of the land alongside our Constitution and federal laws. For over 200 years, the federal courts have reaffirmed that our President is bound by the laws of war, which include conventions. In fact, both Hamdi v. Rumsfeld (2004) and Hamdan v. Rumsfeld (2006)addressed issues of whether the US government was violating the terms of the 1949 Geneva Convention. Yet, some will whine that it is partisan to not exempt Bush from 200 years of precedent that governed presidents from both parties.
The Geneva Convention imposes a duty to prosecute former presidents who committed war crimes.
You already have your own reasons why you should sign the petition.
All the reasons that built up, piled one on top of the other for that past eight years as these criminals hijacked the country, dismantled the constitution and the rule of law, made their criminal friends fabulously wealthy, were directly responsible for the deaths of more than a million Iraqis in an illegal and immoral invasion and occupation, destroyed the global economy, wrecked America's reputation around the world, and called you a traitor when you cried foul and set up schemes to spy on you and intimidate you into silence.
And tortured people in your name. Tortured people. In your name. Tortured people with the blackest, most heinous and most evil torture methods known to humanity. Tortured people with methods that America has pressed war criminal charges against other countries citizens for using. Tortured people with the most sadistic and evil methods the Spanish Inquisition and more recently the Khmer Rouge made a regular habit of using as an oppression tool. Tortured people with methods that have been universally condemned and outlawed by virtually every country and society on earth.
You already know. You already know all of your own reasons why you should sign the petition.
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
