Category: Torture

Read the Rude Pundit

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He’s a genius, as he shows in his latest, “It Shouldn’t Surprise Us that Some Ex-Gitmo Detainees Want to F%$# Us Up.” (%$# mine):

We are incapable of dealing with the notion that whether you’re the good guy or the bad guy is a matter of perception. And that sometimes the United States is the bad guy. Unless we’re willing to confront that and do something about it (like, at minimum, apologize and offer compensation), then we shouldn’t be surprised that Yemeni Mel Gibsons will seek to go all Lethal Weapon on us.

The man is a genius, if somewhat profane.

Go read.

How Quaint

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The 9th Court of Appeals has ruled that the police do not have the right to torture citizens they find inconvenient with Tasers:

A federal appeals court on Monday issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.

In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

(emphasis mine)

I’m sure that some will find this an outrage. After all, aren’t police supposed to use potentially lethal force on people who don’t comply immediately, like the kid who did not obey orders to get up because he had a broken back?

Hoocoodanode?

Needless to say, this cop still has his job, because, after all, law enforcement investigates itself in such instances.

Obama Doubles Down for Torture

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We have another resignation from the Obama Administration, Phil Carter, and it seems to flow from the same dynamics that had Greg Craig being forced to resign 2 weeks ago.

Mr. Carter was the Deputy Assistant Secretary of Defense for Detainee Affairs, which meant that he was in charge of trying detainees, and was a vociferous opponent of both Bush’s kangaroo courts, the use of evidence derived from torture, and has also been very leery of the military commissions, though he does support the use of courts martial through the UCMJ.

Carter is denying that he is leaving for policy differences, but considering the actions of the Obama administration, which has been to use military commissions to ensure convictions when they might be in doubt through tainted (tortured) evidence, I do not take his statement at face value.

We Luv Torture

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Glenn Greenwald points us to a Pew Research Center survey that shows that the citizens of the United States are the most supportive of torture of any of the nationalities tested.

We are, therefore, a bunch of cowardly sadists, and maybe Liberace was right, and I should make aliyah to Israel.

I do know that I am thoroughly disgusted at this, and I think that people are missing something: When these reservists and national guardsman come home, some of them will be in law enforcement, and they will bring torture with them.

Expect your next traffic stop to come with stress positions.

We’re Still Torturing at Black Prisons

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So much for change we can believe in.

The CIA is still maintaining gulags where prisoners are tortured:

An American military detention camp in Afghanistan is still holding inmates, sometimes for weeks at a time, without access to the International Committee of the Red Cross, according to human rights researchers and former detainees held at the site on the Bagram Air Base.

The site, known to detainees as the black jail, consists of individual windowless concrete cells, each illuminated by a single light bulb glowing 24 hours a day. In interviews, former detainees said that their only human contact was at twice-daily interrogation sessions.

“The black jail was the most dangerous and fearful place,” said Hamidullah, a spare-parts dealer in Kandahar who said he was detained there in June. “They don’t let the I.C.R.C. officials or any other civilians see or communicate with the people they keep there. Because I did not know what time it was, I did not know when to pray.”

The jail’s operation highlights a tension between President Obama’s goal to improve detention conditions that had drawn condemnation under the Bush administration and his stated desire to give military commanders leeway to operate. While Mr. Obama signed an order to eliminate so-called black sites run by the Central Intelligence Agency in January, it did not also close this jail, which is run by military Special Operations forces.

The problem here is that he wants to split a difference, because he is too eager to please people, and there is no difference to split: You either torture, or you don’t. You either allow the ICRC to review conditions at POW camps, or you don’t, you either try terrorists in real courts, or you don’t.

What’s more, this is well corroborated:

Although his and other detainees’ accounts could not be independently corroborated, each was interviewed separately and described similar conditions. Their descriptions also matched those obtained by two human rights workers who had interviewed other former detainees at the site.

(emphasis mine)

What Barack Obama (and Eric Holder, and much of the rest of Obama’s security/intelligence appointees) has done is to spiff up the image of the torture, but it is still going on.

There is a point where a line gets crossed, and it won’t be just covering up for Bush and His Evil Minions™, and maybe shading a few lines on due process.

After a few more months of this, Barack Obama becomes a war criminal too.

Zimbabwe Update

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Well, it’s been a while since I’ve posted on the subject.

The macro picture is that Mugabe continues to refuse to behave in accordance with any of the agreements that he signed, and Tsvangerai can’t do much about it, and the SADC in general, and South Africa in particular, won’t do much about it.

It’s kind of a dysfunctional stasis.

That being said, the trial of Roy Bennett, the MDC treasurer and nominee for deputy agriculture minister, the government’s star witness has said on the stand that his earlier testimony was coerced by torture.

The judge has ruled that eter Michael Hitschmann’s confession cannot be used against Bennett because of this.

More on the Exit of Greg Graig, White House Counsel

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Massimo Calabresi and Michael Weisskopf of Time magazine have the full rundown, but the basic thesis is that Dick Cheney started saying bad things about Barack Obama when it started to become obvious that Cheney might be in legal jeopardy if Obama did not go all out to stop all investigations and public disclosures on law breaking by Bush and His Evil Minions™.

At Firedog Lake, Marcy Wheeler hits the nail on the head when she says, “I guess Dick Cheney is right–Obama can’t stand up to terrorists. Terrorists like Dick Cheney.”

(emphasis mine)

Italian Conviction of CIA Kidnappers Means Nothing

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The fact that Judge Oscar Magi convicted 23 Americans in absentia for kidnapping Hassan Mustafa Osama Nasr really has very little meaning, even with sentences of up to 8 year in prison.

It sounds significant, until you realize that the senior Italian officials who were in on this were acquitted by reason of state security:

Charges were also dropped against five Italians, including the former head of the Sismi military intelligence service, Nicolo Pollari, because evidence against them violated state secrecy rules.

So the senior people in the Italian state security apparatus, the ones who could say no, get off Scott free.

Some lower level operatives, however, got hung out to dry for following orders:

However, the judge sentenced two more junior Sismi agents to three years in prison as accomplices, indicating Italian authorities were aware of the abduction.

How is “Lynndie England” spelled in Italian?

New York Times Calls Out Obama on Torture

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Their editorial board just called out Obama as Bush II on torture and secrecy.

OP/EDs generally don’t mean much, but I think that the Times, at least in its unsigned editorials, is a barometer of a certain segment of the population, or at least that segment that doesn’t live inside the DC Beltway, and as such, this could mean a trend.

I’d give it about 5 to 1 against it being a trend, but a week ago, I would have said 20 to 1.

Barack Obama, Objectively Pro Genital Mutilation Since 2009

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Britain’s high court has ruled that all evidence of Binyam Mohamed by the CIA and its proxies will be reviewed in open court, despite the protestations of Foreign Secretary David Miliband to keep this matter hush hush.

As I noted earlier, one of the tortures was to have his genitals sliced with a scalpel and irritating liquids loured in the wounds.

This is what the British government, at the urging of the US government were trying to make “go away”.

Rather predictably, the Obama administration has condemned the decision by the court to reveal crimes against humanity:

Meanwhile, US State Department spokesman Ian Kelly said: “We are not pleased”, adding that Washington kept such information confidential “to protect our own citizens”.

Anyone who did this, or allowed it to be done, is a criminal, and should be tried and imprisoned, not protected.

It should also be noted that the Obama administration has threatened to withhold intelligence from the British if the details of their torture get out.

Damn.

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So, the House of Representatives by a vote of 307-114 has passed an amendment to the Freedom of Information Act which exempts torture, because, I guess, everyone in Washington wants them covered up, because with knowledge is the possibility of accountability, and accountability is an anathema to the Beltway Boyz.

What is most repulsive is that this is designed just to cover up Bushie malfeasance:

To follow up on my earlier post about Rep. Louis Slaughter (D-N.Y.) and her speech on her colleagues’ move to amend the Freedom of Information Act to prevent the release of photographs depicting abuse of detainees in U.S. custody, it’s worth looking at the conference report on the bill. The bill is called the “Protected National Security Documents Act of 2009,” but refers not to any “documents” per se, but only to any “photograph” taken between Sept. 11, 2001 and Jan. 22, 2009, that “relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States.”

(emphasis mine)

Big surprise, the guy supporting this the strongest is Joe Lieberman.

Within the Scope of Employment? Whiskey Tango Foxtrot?!?!

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It appears that the US Government is claiming that torture is in the normal scope of employment, which gives a new meaning to the term, “Banality of Evil,” which was coined to describe the actions of Adolph Eichmann and his motivations.

Citing the Westfall Act, [Barack Obama appointee Assistant Attorney General] Tony West wrote that “the type of activities alleged against the individual defendants were ‘foreseeable’ and were ‘a direct outgrowth’ of their responsibility to detain and gather intelligence from suspected enemy combatants.” In defending the government’s position, West cited case law stating that “genocide, torture, forced relocation, and cruel, inhuman, and degrading treatment by individual defendants employed by Department of Defense and State Department were within scope of employment” and similar cases justifying CIA torture as part of official duty.

“It is essentially saying torture is all in a day’s work when it comes to holding people in military detention,” says Shane Kadidal, who heads the Guantánamo project at CCR. In that case, the issue was not whether Rumsfeld and the others were “employees” but whether they were doing official business. Blackwater’s argument is a tougher sell, says Morrison. “Does it hold water?” he asks. “It holds Blackwater.”

Great Googly Moogly, within the scope of employment?

I Bet They Didn’t Expect the Spanish Inquisition

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Two investigating judges in Spain who are investigating the torture of Spanish citizens by the United States are demanding more details regarding the Department of Justice investigation.

What is going on here is that the Spanish Judges would be obligated to drop their criminal investigation of if the DoJ was engaging in a credible investigation of Gonzales, Bybee, John, Addington, Feith, and Haynes:

Under Spanish law, the opening of a criminal investigation covering the same matters by the United States would probably lead to the termination or suspension of a case in Spain grounded on universal jurisdiction. However, the Spanish authorities tentatively concluded that suspension of their cases was not warranted at this point because Holder had placed so many limitations on Durham’s work and because it does not appear that Durham is being asked to examine the cases involving the Spanish subjects who were held at Guantanamo.

(emphasis mine)

You see, the problem here is that the Obama administration is just too busy kowtowing to Glenn Beck’s smallest and most delusional whim.

Here is a hint for Barack Obama and His Stupid Minions™: Americans are not that into ideology, but they hate wimps.

Marine Generals Call Cheney a Fearful Bitch

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Retired Marine Corps Generals Charles Krulak and Joseph Hoar have penned an OP/ED titled, “Fear was no excuse to condone torture

In the fear that followed the Sept. 11, 2001, attacks, Americans were told that defeating Al Qaeda would require us to “take off the gloves.” As a former commandant of the U.S. Marine Corps and a retired commander-in-chief of U.S. Central Command, we knew that was a recipe for disaster.

But we never imagined that we would feel duty-bound to publicly denounce a vice president of the United States, a man who has served our country for many years. In light of the irresponsible statements recently made by former Vice President Dick Cheney, however, we feel we must repudiate his dangerous ideas — and his scare tactics.

….

Let’s be clear here. These are retired Generals, criticizing not only a former Vice President of the United States, but the entire administration he was in, and they have chosen their words carefully.

When they choose to describe the decisions made by Bush and His Evil Minions™as having been made out of fear, they are saying that these are evil acts made by cowards who are out of their mind with fear.

The Most Morally Reprehensible Thing that I Have Heard This Month

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As Spencer Ackerman notes in his review of the 2004 CIA inspector general report on torture, amidst all the redacted paragraphs, was this:

The number of detainees in CIA custody is relatively small by comparison with those in U.S. military custody. Nevertheless, the Agency, like the military, has an interest in the disposition of detainees and particular interest in those who, if not kept in isolation, would likely divulge information about the circumstances of their detention.

The translation from the Orwellian, or perhaps translation to the Orwellian, it’s kind of hard to determine here in this specific instance of extreme Newspeak, but it comes to this:

We can’t release torture victims, nor can we try them, because we tortured them, and they will confirm that they have been tortrued.

Seriously, I think that Eric Arthur Blair is spinning in has grave at the speed of a Hitachi Deskstar 7K2000 hard drive.

Man Tortured and Renderd by Obama DoJ for….Defense Congract Fraud

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Unfortunately, this is not senior staff at Lockheed-Martin, Boeing, or SAIC, but rather a relatively low level employee of a construction firm:

According to court papers, on April 7, 2009, Azar and a Lebanese-American colleague, Dinorah Cobos, were seized by “at least eight” heavily armed FBI agents in Kabul, Afghanistan, where they had traveled for a meeting to discuss the status of one of his company’s U.S. government contracts. The trip ended with Azar alighting in manacles from a Gulfstream V executive jet in Manassas, Virginia, where he was formally arrested and charged in a federal antitrust probe.

This rendition involved no black sites and was clearly driven by a desire to get the target quickly before a court. Also unlike renditions of the Bush-era, the target wasn’t even a terror suspect; rather, he was suspected of fraud. But in a troubling intimation of the last administration, accusations of torture hover menacingly over the case. According to papers filed by his lawyers, Azar was threatened, subjected to coercive interrogation techniques and induced to sign a confession. Azar claims he was hooded, stripped naked (while being photographed) and subjected to a “body cavity search.”

This is why we need to prosecute Bush and His Evil Minions™, torture always comes home.

Meet the new boss, same as the old boss.

Eric Holder and False Accountability

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Glenn Greenwald has the scoop, and it’s even lamer than what was clearly a set of deliberate leaks by Eric Holder and His Evil* Minions™ that were covered in the Newsweek article.

According to the Washington Post, which notes that, “The actions of higher-level Bush policymakers are not under consideration for possible investigation,” and the New York Times, which observes that, “The Justice Department official who confirmed the likelihood of an inquiry said it was not likely to focus on those legal opinions, the lawyers who wrote them or anyone who acted within the boundaries they set, even though the ground rules for interrogations have shifted,” it’s clear that real accountability for real crimes is not on the table.

For the small fry, “Just following [illegal] orders,” will be considered an absolute defense, and and the people who actually gave those illegal orders, and who did so without regard to the law or legal precedents, will not be subject to scrutiny.

I understand the possible political complications, though I think that they are stupid, because the Republicans will oppose Obama tooth and nail every step of the way regardless of his peace overtures, but even if non-prosecution were to produce a more bipartisan atmosphere, it would be wrong, because covering up a crime against humanity, and make no bones about it, torture is a crime against humanity, is a crime in and of itself.

*Evil is the only way to describe this concerted effort to ensure that the people who authorized, and enabled torture never face justice. By deliberately ignoring the law in this matter, Eric Holder, and Barack Obama have become co-conspirators for torture after the fact.