I know a lot has gone on since the last post here on Miscellany101 and I think it is better for time to go by in order to see things from a more vintage, aged perspective than to immediately post the news of the massacre/terror of Paris and San Bernardino. They will be touched on later….God willing, but this story of Shaker Aamer, imprisoned in Guantanamo Bay for 14 years does meet that standard. The link above has some in-depth background on who Aamer is and the circumstance surrounding his imprisonment and the video interview below personalizes his story. Although it is lengthy it is well worth your time.
I should have included this in a previous post but just saw it. Seems there’s more to the Bergdahl story than meets the eye. Daily Kos points out several inconsistencies that when brought to light should permanently mute the strings of discord currently being played by the #DemonicGOP.
Bergdahl had left his base without permissions on at least one prior occasion, and had come back! This is according to a report in the Army Times. In fact, his fellow soldiers failed to report it at the time. (The 35 page classified Army report (as reported to the New York Times) that was compiled 2 months after Bergdahl disappeared, concluded that he had left his unit twice, not once. And the Army blamed lax security practices and a lack of discipline. Moreover, the supposed letter he left confessing to everything was not mentioned in the report at all.)
According to the now famous article by Michael Hastings about Bergdahl, his unit was basically a bunch of undisciplined fuck ups who went out on patrol without helmets, lost weapons, totally lacked morale and respect for military authority, etc. At least two commanders were actually demoted! So, you have to take with a grain of salt the accusations being made against Bergdahl by these people. Especially now that we know they failed to report Bergdahl left the base without permission on a prior occasion, and are still telling the media that he is a “deserter” when they know damn well that’s not true.
The New York Times has also reported that it is almost impossible to attribute the losses the unit suffered to Bergdahl, or looking for Bergdahl. Given the lack of unit discipline, etc. One wonders whether Bergdahl is being scapegoated by these people, who were drummed up by GOP political operatives.
Bergdahl’s apparent heroism while in captivity has been almost completely ignored and glossed over. The Daily Beast originally reported that Bergdahl lulled his captors into believing he was sympathetic to them, and when they let their guard down he escaped for 3 days. When they finally found him in a hand-dug trench he covered with leaves, he was nearly naked an exhausted. Yet, it took 5 Taliban to subdue him as he fought back trying to avoid being recaptured.
While you are breaking your fast during the month of Ramadan there are others who are being forced to break theirs while still in detention in Guantanamo Bay. They want to eat and enjoy themselves with family, friend and worship after fasting but they just don’t want to do it in Gitmo Bay. Some of them have been determined to be worthy of being released years ago, yet still remain imprisoned for reasons they haven’t been told. I couldn’t watch this video at the link which details forced feeding of detainees there. Perhaps you can.
As Ramadan begins, more than 100 hunger-strikers in Guantánamo Bay continue their protest. More than 40 of them are being force-fed. A leaked document sets out the military instructions, or standard operating procedure, for force-feeding detainees. In this four-minute film made by Human Rights organisation Reprieve and Bafta award-winning director Asif Kapadia, US actor and rapper Yasiin Bey (formerly known as Mos Def), experiences the procedure
Warning: some viewers may find these images distressing
- Force-feeding detainees at Guantanamo Bay is terrorism (antonyloewenstein.com)
On May 15, military officials at the Guantanamo Bay detention facility escorted visiting media to maximum security Camp 5, where non compliant prisoners are held, for a rare opportunity to observe the prisoners’ morning prayer. Aliya Hussain, who works with the Center for Constitutional Rights’ Global Justice Initiative, tweeted after she watched the video, “Despite all that’s cruel and unjust at Guantanamo, humanity perseveres.”
The visit to Camp 5 took place amid a mass hunger strike that is now entering its fourth month and counts 103 prisoners as taking part in the protest and 32 who are being force-fed. Media arrived at the camp at 4:30 am and were instructed to remain silent as the officer in charge of the camp did not want prisoners to know we were present. The prisoners did not leave their cells for prayer so we were unable to see them. What you are hearing (at 3:00 into the video) is the leader’s call to prayer being done from inside of his prison cell. The closest we in the media came to a seeing a prisoner on the cell block is when one man stuck his arms through a bean hole to hand the guard an unknown object. The guards walking the block are checking the prisoners cells every one to three minutes in accordance with their standard operating procedures. They are wearing “splash shields” over their faces to protect from being splashed with urine and feces, the military said.
As we exited the camp and waited outside for the gate to open, I looked up behind me and could see three very narrow prison cell windows. In one stood a prisoner dressed in white. He stared at me and gave me a “thumbs down” sign.
Hat tip @IngridMattson
- Medical alert in Guantanamo amid hunger strike (miamiherald.com)
- RT: ‘Guantanamo guards shot my client 5 times for no reason’ (jhaines6.wordpress.com)
- Guantanamo hunger strike enters 100th day (worldbulletin.net)
I admire people who stick to their principles, and former President Jimmy Carter is one of those. He has my deepest respect for the positions he takes, no matter how controversial or unpopular they are. He came out in a NYT editorial to talk about human rights and the US government and what he writes today is the same thing he said when he was president 36 years ago. However, many of his remarks are directed towards a Democratic administration that has mimicked its GOP predecessor in almost all aspects when it comes to citizenship and human rights.
Fortunately for many of us who believe in what Carter wrote and appears below, he supposedly will address the Democratic Convention. What he will say this observer doesn’t know, but I certainly hope it’s the exact same message that appears below. I can’t think of a better place to throw down the gauntlet to the Democrats to put the brakes on the slide towards abandonment of civil/human rights and I can think of no person with more integrity to say so than Carter.
THE United States is abandoning its role as the global champion of human rights.
Revelations that top officials are targeting people to be assassinated abroad, including American citizens, are only the most recent, disturbing proof of how far our nation’s violation of human rights has extended. This development began after the terrorist attacks of Sept. 11, 2001, and has been sanctioned and escalated by bipartisan executive and legislative actions, without dissent from the general public. As a result, our country can no longer speak with moral authority on these critical issues.
While the country has made mistakes in the past, the widespread abuse of human rights over the last decade has been a dramatic change from the past. With leadership from the United States, the Universal Declaration of Human Rights was adopted in 1948 as “the foundation of freedom, justice and peace in the world.” This was a bold and clear commitment that power would no longer serve as a cover to oppress or injure people, and it established equal rights of all people to life, liberty, security of person, equal protection of the law and freedom from torture, arbitrary detention or forced exile.
The declaration has been invoked by human rights activists and the international community to replace most of the world’s dictatorships with democracies and to promote the rule of law in domestic and global affairs. It is disturbing that, instead of strengthening these principles, our government’s counterterrorism policies are now clearly violating at least 10 of the declaration’s 30 articles, including the prohibition against “cruel, inhuman or degrading treatment or punishment.”
Recent legislation has made legal the president’s right to detain a person indefinitely on suspicion of affiliation with terrorist organizations or “associated forces,” a broad, vague power that can be abused without meaningful oversight from the courts or Congress (the law is currently being blocked by a federal judge). This law violates the right to freedom of expression and to be presumed innocent until proved guilty, two other rights enshrined in the declaration.
In addition to American citizens’ being targeted for assassination or indefinite detention, recent laws have canceled the restraints in the Foreign Intelligence Surveillance Act of 1978 to allow unprecedented violations of our rights to privacy through warrantless wiretapping and government mining of our electronic communications. Popular state laws permit detaining individuals because of their appearance, where they worship or with whom they associate.
Despite an arbitrary rule that any man killed by drones is declared an enemy terrorist, the death of nearby innocent women and children is accepted as inevitable. After more than 30 airstrikes on civilian homes this year in Afghanistan, President Hamid Karzai has demanded that such attacks end, but the practice continues in areas of Pakistan, Somalia and Yemen that are not in any war zone. We don’t know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.
These policies clearly affect American foreign policy. Top intelligence and military officials, as well as rights defenders in targeted areas, affirm that the great escalation in drone attacks has turned aggrieved families toward terrorist organizations, aroused civilian populations against us and permitted repressive governments to cite such actions to justify their own despotic behavior.
Meanwhile, the detention facility at Guantánamo Bay, Cuba, now houses 169 prisoners. About half have been cleared for release, yet have little prospect of ever obtaining their freedom. American authorities have revealed that, in order to obtain confessions, some of the few being tried (only in military courts) have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually assault their mothers. Astoundingly, these facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of “national security.” Most of the other prisoners have no prospect of ever being charged or tried either.
At a time when popular revolutions are sweeping the globe, the United States should be strengthening, not weakening, basic rules of law and principles of justice enumerated in the Universal Declaration of Human Rights. But instead of making the world safer, America’s violation of international human rights abets our enemies and alienates our friends.
As concerned citizens, we must persuade Washington to reverse course and regain moral leadership according to international human rights norms that we had officially adopted as our own and cherished throughout the years.
- ‘US anti-terrorism policy violates human rights’ – Jimmy Carter (rt.com)
- Why Is Nobody Listening to Jimmy Carter’s Searing Critique of America? (theatlantic.com)
- Jimmy Carter to address DNC by video (kansascity.com)
We’ve talked a lot about the non-existent threat of Islamic terrorists on the main land because of the absence of any Muslim terrorists here, except for those dredged up by the federal authorities whenever they need to distract America’s attention away from more pressing issues like the economy or the encroachment on our human and civil rights and focus it instead on the latest boogey man story of the day. Well it’s looking like there aren’t many terrorists in Guantanamo Bay either, not that there ever were.
We’ve spent an inordinate amount of money housing people we picked up in various places all over the world, and it’s starting to look like a lot of them are completely innocent. The latest batch from Algeria turned out that way. El Houari Abar, in his forties, and Ahmed El Abed, aged over 50 were detained at Gitmo Bay for six years and charged with being members of a terrorist organization. One was captured in Afghanistan and the other in Georgia. They were released to their country, Algeria in 2008 which only acquitted them of the charge and are now free. Six other Algerians held by the US military in Gitmo have also been similarly cleared of charges in Algerian courts, which says something about the importance of a transparent legal system and being brought to trial. These two have been denied their freedom for the last 10 years ostensibly for something they didn’t do. For too long America has been dispensing old style western justice where the military arm of the government was the police, the judge, jury and executioner, most likely of a lot of innocent people. The two mentioned in this story have no legal redress with the government that captured them and took six years from their lives unfortunately and that taints our image all the more within the international community.
Proponents of Guantanamo Bay have always maintained it’s necessary to keep that base open to house the meanest of the mean; black/brown Muslim terrorists who have the ability to swim from Cuba to the mainland, fashion knives out of paper products and invade the homeland causing death and destruction. To substantiate their claim to keep the facility eternally open, they have put forward some really astonishing claims about recidivism, which we have addressed on the pages of Miscellany101 here and here.
It appears Obama will not be able to close Guantanamo down anytime soon, nor does he appear to be up for the fight, having been effectively betrayed by members of his own party during a lame duck session after the congressional elections, and facing an ever more combative new Congress who no doubt will use this recidivism issue again to underscore their desire to keep Gitmo open. So here’s another study which “refudiates” that claim making it the third different one to do so which really begs the question why do the supporters of the facility bother with erecting false claims and figures in the first place.
On the ninth anniversary of the first detainee’s arrival at the infamous prison in Guantanamo Bay, Cuba, a Washington think tank challenged intelligence estimates suggesting that large numbers of former detainees have taken up arms against the United States.
Director of National Intelligence James Clapper claimed in December — without offering any evidence — that 13.5 percent of former Guantanamo detainees are confirmed, and an additional 11.5 percent are suspected of “reengaging” in terrorist or insurgent activities after their release.
The conservative media embraced the storyline that as many as one in four former detainees had returned to the battlefield, up sharply from the prior year.
But three scholars with the New America Foundation are out with a new report — this one backed up with data — concluding that only 6 percent of released detainees engaged or are suspected of having engaged with insurgents aimed at attacking U.S. interests. Another 2 percent engaged or are suspected of having engaged against non-U.S. targets.
It appears that America is perfectly willing to let bygones be bygones and keep the facility even though for now it serves no useful purpose. Perhaps some hope it will house the millions of American Muslims who will be sent there after the King committee hearings?
- Some former Guantánamo detainees still tied to terrorism, report says (seattletimes.nwsource.com)
- Obama Protests Guantanamo Limits, But Signs Bill (npr.org)
- Protests greet Guantanamo anniversary (alternet.org)
President Obama’s remarks on the advent of Ramadan
On behalf of the American people, Michelle and I want to extend our best wishes to Muslims in America and around the world. Ramadan Kareem.
Ramadan is a time when Muslims around the world reflect upon the wisdom and guidance that comes with faith, and the responsibility that human beings have to one another, and to God. This is a time when families gather, friends host iftars, and meals are shared. But Ramadan is also a time of intense devotion and reflection – a time when Muslims fast during the day and pray during the night; when Muslims provide support to others to advance opportunity and prosperity for people everywhere. For all of us must remember that the world we want to build – and the changes that we want to make – must begin in our own hearts, and our own communities.
These rituals remind us of the principles that we hold in common, and Islam’s role in advancing justice, progress, tolerance, and the dignity of all human beings. Ramadan is a celebration of a faith known for great diversity and racial equality. And here in the United States, Ramadan is a reminder that Islam has always been part of America and that American Muslims have made extraordinary contributions to our country. And today, I want to extend my best wishes to the 1.5 billion Muslims around the world – and your families and friends – as you welcome the beginning of Ramadan.
I look forward to hosting an Iftar dinner celebrating Ramadan here at the White House later this week, and wish you a blessed month.
May God’s peace be upon you.
That said, my wish list is for President Obama to keep his word about Guantanamo Bay and the withdrawal of American forces in Iraq so that Muslims in those places can have “peace”.
So says Tariq Aziz in a moment of candor that we’ve all come to know is correct. That lie led to the total destruction of Iraq and the United States and allowed for the propaganda against Islam and Muslims all over the world which has further plunged America into an abyss of poverty and weakness.
We’ve heard a lot of claims about recidivism of Guantanamo Bay detainees much of it hyped to keep Gitmo Bay open. One of the questions I’ve never seen asked is if the people placed in Gitmo Bay are the worst of the worst, why isn’t recidivism 100% instead of the more reliable 4% to the exaggerated 20%? It would appear terrorists dedicated to their cause plucked from their homeland would relish the opportunity to return to battle. This guy,Izatullah Nasrat Yar imprisoned at Gitmo for 5 years, however has decided to take the battle to the enemy to a higher level. Let’s hope such attempts at change will go down better than the offense which originally put him in Gitmo Bay, which was another lie…..they just seem to follow the efforts of the US government around wherever it goes.
It’s almost a given, what ever the federal government assemblies, it won’t dismantle. Gitmo Bay is no different, so whatever campaign comes along and promises you it will be closed, you can bet they are lying. Obama is no different. Although time (he’s been in office almost two years and nothing has happened) is a contributing factor why we know he won’t close it here’s another reason why.
Deprive a man of any and all contact with the outside world for eight years in the conditions we’ve all come to know exist in Gitmo Bay, including torture, death, and everything else revealed since the camp was formed and offer him the one sliver of hope of freedom that if he confesses to any and everything he will be set free to join his family is there anyone in this world who thinks he won’t confess? Anyone? So binLadin’s cook/security man has confessed to aiding al Qaida, the US gets its justification to keep Gitmo open to protect us from the evils of terrorism and Ibrahim al-Qosi gets to go home to his family and resume what’s left of a shattered life. A win-win situation for all but the American people who have once again been lied to by a politician who thinks it far better to invest in and protect government than the people who elect government. Do we not get what we deserve?
It’s now painfully obvious why we went to war in Iraq. I agree with former CIA analyst Ray McGovern some of it was because of “oil”, “Israel” and “logistics”, which form the acronym, oil. The “O” in that word really was the main reason, but on an even larger level there were more and other business interests to satisfy. Basically however, a former US businessman then President sent Americans over to fight a war to increase his bottom line, his ledger, his accounts; war is profitable to the American economy and all that’s left to do is figure out how to get people to willing sacrifice their sons and daughters to fight such a war, even when there is no other reason to do so than the personal profitability of the commander in chief and his associates, and then execute that war, not towards a successful conclusion but for as long as it takes to get corporate America back in the black. Now you know why no one wants to talk of withdrawal from Iraq or any other war zone, because such decisions are made when the markets and other economic indicators say it is time to do so and not one day before.
So while partisan politics takes potshots across the great political divide over the ever scandalous BP disaster, intimating that one side or the other is benefiting from the largest eco catastrophe in American history, let them not forget we fight wars where we kill people and get killed in order to revitalize our economy. In essence we fight people who are defenseless; we kill people who mean us no harm, we destroy whole societies, many of them older than our own because we can and because it’s good for business. It has nothing to do with defending the homeland, it has nothing to do with promoting democracy or even capitalism and it has nothing to do with helping the weak or the oppressed. The blood of your loved ones and the ones they kill increases the profit margins of the ones who send those very loved ones off to meaningless and perpetual war. How do you like that America?!
It was very difficult to understand the Bush Administration’s irrational hatred and disregard for Muslims except that it was based on racism and fear. So, the news that his administration kept imprisoned those people he knew were innocent should come as no surprise. Did politics have something to do with it as the article implies? Bush/Cheney were riding high from the benefits of the 911 catastrophe and their false and misplaced sense of patriotism could have easily masked the release of people from Guantanamo Bay who were innocent but that’s an option they didn’t even appear to approach. Rather they dug themselves deeper and deeper pursuing people the likes of Jose Padilla, et.al weaving scary scenarios of Muslim hordes roaming throughout the country to wreak havoc on an ill-prepared public all the while actively ripping the US Constitution to shreds. Indeed, one can say quite accurately the Bush Administration wanted to consolidate power for the conservative wing of the GOP with it’s Muslim scare tactics and make it possible for any future administration to only go down the road of fascism and government abrogation of citizen rights. From the looks of things, in that we can say they succeeded!
Sometimes there is reason to be hopeful that our Nation can self-correct and return to the principles it has finely tuned over the generations, of liberty, social responsibility and good citizenship. The decision of the US Department of State to overturn the ban on academics Tariq Ramadan and Adam Habib are examples of hope and perhaps light at the end of the tunnel of darkness we have surrounded ourselves in over the last decade. We’ve written extensively about Ramadan in the pages of Miscellany101 in what can only be termed an act of revenge against him and his family to keep him out of the mainstream of political, social and contemporary dialogue. When given the full weight of a judicial system, albeit imperfect, but still forming and trying to correct itself while being universally applicable, Ramadan’s visa revocation was first overturned by the judicial system in 2009 and then by the US Department of State just last week. Initially he had been hired for the Henry R. Luce Chair at the Joan B. Kroc Institute for International Peace Studies at the University of Notre Dame, but extremists who managed to infiltrate policy making positions in government were able to get the US government to revoke a visa they had originally granted him. The reasons for it were spurious at best, lies at worse and so transparent that when given the light of day were thrown out post haste. You can read one of Ramadan’s more recent musings here. Good government.
Along with Ramadan’s decision the State Department overturned the revocation imposed on Adam Habib, a South African academic who is Deputy Vice-Chancellor: Research, Innovation & Advancement at the University of Johannesburg. It goes without saying the case against him was as empty and irrational as the one made against Ramadan. In fact, it seemed the only people afraid of Habib, besides American Islamophobes, were South African communists, which should have made Habib a significantly important figure with a right wing conservative administration the likes of George Bush’s. Habib’s case, like that of Ramadan, was wrapped up in the Islamophobic notions of Campus Watch, the Daniel Pipes led organization. You can read about them here and here. It didn’t take a Clinton led State Department very long to overturn her predecessor’s revocation for either of these two men; in fact less than a year after being in office. Says alot about a fanatically led Bush administration and even more about “good government”.
Euphoria however is quickly dashed when one reads about the US Justice Department’s quick reaction to the story of the three “suicides” at Guantanamo Bay and especially the reporting of that story by MSNBC’s Keith Olbermann. Olbermann reported on his show how Justice was upset with his coverage of the story that was reported extensively by Scott Horton of Harper’s magazine and picked up by a lot of people on the blogosphere, including here at Miscellany101. It seems the Justice Department is only willing to comment negatively about the story, that is, to say Olbermann did a sloppy job of reporting it, but doesn’t see the need to comment on the essence of the charges made by US military men who have gone on record to say the series of events are not consistent with what they observed or were told later when promised an investigation. This is the worse case scenario for bad government. The leader of the free world, a designation we have heaped upon ourselves and which we wear proudly, and which is acknowledged by others the world over, doesn’t need to engage in this type of intimidation and stonewalling with a free press. Transparency, something promised by the Obama administration, means making all the facts available of investigations and going on record to actively and judiciously clear the name of government when tarnished by accusations the likes of which are in the Harper’s story. To do anything less than that is bad government….something we’ve been used to for the last decade.
Guantanamo Bay will most likely go down as the place which housed the most terrorist we ever faced in our war on terror, the phony war started by George Bush, and those terrorists were US personnel who engaged in torture and even murder. The latest news that three suicides and the resulting investigation was so botched as to lead to more questions than answers can only lead one to the conclusion that the “suicides” were indeed murder and lead to other questions of how many other deaths at Gitmo were at the hands of the captors and not the captive. The facts from the only independent study conducted are three detainees were found swinging at the end of a ligature in their closely guarded cells with rags stuffed in their throats and one “suicide” victim had his internal organs, heart and kidneys and throat removed before his body was interred.
The removal of internal organs closely dovetails into another story we’ve covered in the pages of Miscellany101 as it regards Palestinians in the Occupied Territories who’ve died at the hands of their terrorist captors. That is scary enough, the parallel universe that seems to pervade all that the American and Israeli authorities do to Arab, semitic and Muslim peoples the world over; however, the lengths at which authorities went to blame even the victims for their murder at the hands of those same authorities (for how can a man both hang himself, stuff rags in his own throat and remained undetected for several hours long enough for rigor mortis to develop in a cell that was under 24 hour scrutiny by security guards because said occupant of the cell possessed the super human capability to break loose over power his guards and eventually find his way to the US mainland to wreak further havoc on innocent Americans) is a further nail in the coffin of US legitimacy and credibility.
Rear Adm Harris said he did not believe the men had killed themselves out of despair. “They are smart. They are creative, they are committed,” he said. “They have no regard for life, either ours or their own. I believe this was not an act of desperation, but an act of asymmetrical warfare waged against us.”
Or how about this wildly insane comment from a former Bush Administration official who seemed to have the intent correct, i.e. publicity, although assigning it incorrectly to the victims
“It does sound like this is part of a strategy – in that they don’t value their own lives, and they certainly don’t value ours; and they use suicide bombings as a tactic,” Colleen Graffy, the deputy assistant secretary of state for public diplomacy, told BBC’s Newshour yesterday. “Taking their own lives was not necessary, but it certainly is a good PR move.”
What Guantanamo Bay became and perhaps still is today was a battleground for a disgraced titular warrior and leader of the free world, George Bush and now Barack Obama, to play out fantasies of getting even with a perceived foe at the expense of the Nation’s Constitution and way of life. He descended into the depths of every type of illegal and immoral activity to satisfy a blood lust to exorcise demons of inferiority and insecurity and in term projected that all onto the national consciousness that have seriously affected our judgement and moral compass until the present.
The conventional wisdom for the last several years is that we are dealing with an implacable enemy who is spiritless, evil, murderous and hates us because of what we stand for. They are the holders of an irrational ideology that causes them to murder and plunder and they do it all because they don’t like that we are the bulwark between them and anarchy or chaos. The only way to deal with such an opponent, so goes the extended logic, is to kill them wherever they are, to spare no quarter, until we eliminate all of them. This sounds much like the same rhetoric used in every other campaign of genocide waged by the self-righteous who want to get rid of people who really aren’t foes or threats but against whom the most vicious incendiary language is directed to justify the righteous’ murder and torture.
It has now come to light that we did just that….murder and torture, and it wasn’t because of anything “they” did, but rather something within us that caused nationwide amnesia to the rule of law, sanity, international relations and all the other historical lessons we have taught over the decades but haven’t learned about tyranny and how to fight it. This lapse of an American national conscious caused the death of far more Americans than those who died at the hands of the “terrorists” on 911, that according to an interrogator in Iraq.
“The reason why foreign fighters joined al-Qa’ida in Iraq was overwhelmingly because of abuses at Guantanamo and Abu Ghraib and not Islamic ideology,” says Major Matthew Alexander, who personally conducted 300 interrogations of prisoners in Iraq. It was the team led by Major Alexander [a named assumed for security reasons] that obtained the information that led to the US military being able to locate Abu Musab al-Zarqawi, the head of al-Qa’ida in Iraq. Zarqawi was then killed by bombs dropped by two US aircraft on the farm where he was hiding outside Baghdad on 7 June 2006. Major Alexander said that he learnt where Zarqawi was during a six-hour interrogation of a prisoner with whom he established relations of trust.
Major Alexander’s attitude to torture by the US is a combination of moral outrage and professional contempt. “It plays into the hands of al-Qa’ida in Iraq because it shows us up as hypocrites when we talk about human rights”
The stain of legal contempt and immorality in this phony war on terror can only be removed by the application of the law against those who need to be in the words of President Bush, ‘brought to justice’. No amount of bullying, or phony displays of patriotism to selective passages of the Constitution and/or the writings of the Founding Fathers should hide the fact that we, America, alone are responsible for fixing this problem. A mentally challenged president was able to whip up fervor among the people of America to fight an enemy of his own creation and the country responded resoundingly. Why hasn’t an even more intelligent and gifted president not appealed to the soul of the nation that justice must be served against criminals, even those in our midst? The existence of this country is at stake. The further we descend into the abyss of lawlessness, the easier it becomes for us to become victimized by groups and nations of the world who have seized upon our hypocrisy to unite others against us. Leaders would be able to stall this inevitability and stop it with such a declaration. Mr. Obama, are you listening?
Security subsists, too, in fidelity to freedom’s first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to separation of powers. . . .
The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system, they are reconciled within the framework of law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, part of that law.
So said the US Supreme Court in its decision, BOUMEDIENE ET AL. v. BUSH, PRESIDENT OF THE
UNITED STATES, ET AL. where it ruled the Military Commissions Act’s Section 7 was unconstitutional and that Lakhdar Boumediene had a right to a habeas corpus hearing to decide whether he should face charges the US military said he was guilty. Lakhdar Boumediene’s case is a shining example of what American forefathers went through in their escape from an imperial England which brought them to the shores of America. Fleeing repressive government which arbitrarily meted out justice without any regard for the rule of law, even though there was some semblance of British common law in the magna carta, America’s founders established the right to habeas corpus for its citizens, which in turn the Supreme Court expanded to those present day America swooped up in its farcical war on terror.
Boumediene was one such casualty. Working in Sarajevo, Bosnia he was accused by the US of plotting to commit acts of terror against the US embassy there and arrested by Bosnian authorities who using their own judicial means established there was no merit to the charge. However, after being released by Bosnian authorities he was re-arrested by American forces and rendered to Guantanamo Bay where he was held for 7.5 years, without access to a legal system. Kept in isolation and tortured his only request was to know why he was being held. Finally when his case went before the Supreme Court it was ruled he had a right to habeas corpus review, which in turn quickly adjudicated him innocent, by a Bush appointee federal judge no less, of the charges levied against him by America just as he was in a Bosnian court.
What possessed America to hold him another 8 months after he was ordered release shows the contempt the Bush administration had for the very judicial process it abused in order to justify it’s WOT. One can only imagine how many others, similarly innocent languish in places like Gitmo Bay, Bagram, or any other base set up to house people deemed terrorist by an abusive and imperial executive out of control. Why this should even matter to the average American on the street is simple: the country has built up over a long history a very precise, intricate and detailed system of law to avoid the mistakes of the English who chased its downtrodden all over the world to deny them their rights and inevitably fight them when they asserted them. We should not and cannot sit by and watch them discarded by an abusive executive who decides unilaterally what laws it wants to abide by and which ones it doesn’t. The Supreme Court decision was clear in that regard.
The Framers’ inherent distrust of government power was the driving force behind the constitutional plan that allocated powers among three independent branches. This design serves not only to make Government accountable but also to secure individual liberty. . . .
Where a person is detained by executive order rather than, say, after being tried and convicted in a court, the need for collateral review is most pressing. . . . The habeas court must have sufficient authority to conduct a meaningful review of both the cause of detention and the Executive’s power to detain. . . .
We haven’t begun to address the issue of Boumediene’s treatment while in captivity in Gitmo Bay and his assertion that he was tortured. Indeed the biggest torture of all was his unlawful imprisonment and isolation from the legal redress he was found by US authorities to be clearly entitled too but which he was denied for so very long. The fact that his imprisonment could not stand judicial review from TWO separate courts continents removed from one another is why the will of a whimsical executive must be challenged by the judicial checks and balances embedded in our system of government. Check out Boumediene’s interview with ABC news below. This should be one more nail in the coffin for the indictment of any and all officials in the Bush administration for international war crimes.
They have become so bad, so obnoxious even Lanny Davis who works for Republicans is now saying Dick Cheney should be indicted for his actions on torture. To hell with the past is the past, an excuse every criminal who ever lived wishes could be used as a defense, Davis asserts it would not be difficult to bring charges against Cheney. But why stop at Cheney? There’s an entire Administration that was equally complicit in using torture, something illegal, to get people to lie, something also illegal, in order to justify invading a defenseless country, something I hope is still illegal and in the process killing thousands of its citizens, also an illegal act. If we look at the Bush Administration’s eight years, it was ALL illegal. I am most offended by the use of torture to get people to lie and even more amused by people who minimize torture, especially waterboarding, and talk about the number of pours of water over a victim’s face not constituting torture. Nevertheless the fact of the matter, as stated by those who were present, is that some victims were waterboarded scores of times in order to get them to admit to a fictitious link, that didn’t offer up any actionable intelligence, in other words no terror plots were disrupted as a result of anything told by these victims, and the hands of a corrupt Administration, until now not taken to task, from top to bottom are responsible for this action. Go visit the links established by the folks at Think Progress which debunk all the torture myths put up by those on the right who sought to justify it.
I can think of nothing more heinous than torturing people to get them to confess to a lie. In other words, people who knew nothing of a link between al-Qaeda and Saddam Hussein were tortured until they were finally able to figure out what it was their torturers wanted from them and finally gave it to them. No wonder Khalid Shaikh Muhammad is supposed to have confessed to doing things that didn’t happen or could be easily proven he had no part of; a human will do or say anything to escape pain once he realizes what it is to be done or said. Of course, by the time such confessions were given the world had already figured out, been told, that such links didn’t exist, as did neither the WMDs we were told were within a hairs breath of being deployed against us, it was all a lie, sorry, let’s just forget the whole thing and opt for …….change and again, the rule of law is cast aside for political expediency. The guards at Gitmo Bay and Abughraib are not the only ones culpable for this breach of law and our Nation’s confidence. One of the measures of greatness is how well the law is equally applied to all regardless of status. We are failing that measure miserably and we have no one to blame but ourselves. I’m glad Lanny Davis has come around and sees that Cheney should be held accountable; I hope his list of those who need to be brought to justice grows. If he needs help compiling it, I’ll be glad to hand him mine; it’s eight years long.