Showing posts with label detainees. Show all posts
Showing posts with label detainees. Show all posts

Tuesday, May 8, 2007

All Classified GTMO Records "May" Be Destroyed

Monday, May 07, 2007

Disturbing news from the National Coalition for History. According to a protective order filed by the US District Court for DC, all classified information used at Guantanamo military tribunals by defense counsel-- namely, all papers, correspondence, memoranda, logs, photographs, and videos-- are to be physically "destroyed" after the trial ends. Further, the order states that prosecutors "may" choose to destroy all their classified materials as well.

The order essentially creates a legal memory hole into which the government can drop any information it deems embarrassing or illegal at the conclusion of a tribunal hearing. This includes any Combatant Status Review Tribunal transcripts, interrogation logs, or "Immediate Response Force" videos that depict the infliction of torture or cruel or inhumane treatment.

So far, only one tribunal hearing has concluded at Guantanamo-- that of Australia's David Hicks. In a 2004 affidavit filed from Guantanamo, Hicks alleged he was "deprived of sleep as a matter of policy", "beaten while blindfolded and handcuffed", and offered "the services of a prostitute for fifteen minutes if I would spy on other detainees."

One can only imagine what classified Hicks records the Pentagon has legally destroyed so far.

Canada partners with Soviet era torturers

Afghani Blog (afghaniblog) wrote,
@ 2007-05-08 09:15:00


Eric Margolis
In 1979 the Soviet KGB created a mirror-image secret police for its Afghan puppet government – the KhAD.
KhAD was famous for: Prisoners being flayed alive, thrown into vats of sulphuric acid and psychological tortures (long isolation in darkness, mock executions and psychotropic drugs.) These psychological tortures are routinely used today by the CIA.
In 2001, once the Northern Alliance took Kabul, the KhAD, rechristened NDS, was quickly re-established. Today, an estimated 60% of NDS personnel are former KhAD agents
Ottawa's deal this week with Kabul for inspection of NDS prisoners is a sham. The KhAD had the same empty "agreement" with human rights groups in the 1980s.
Now Ottawa is hand in glove with the Communist Party's veteran torturers.
AfghaniBlog:
-----------------------------------------------------
Ottawa's deal to inspect prisoners shows it hasn't learned from war history in Afghanistan
By ERIC MARGOLIS
How did Canada, one of the world's most respected, law-abiding nations, become a party to the torture of prisoners in Afghanistan and a violator of the Geneva Conventions?
The story begins in 1979, when the Soviet Union invaded Afghanistan.
SOVIET KhAD
The Soviet KGB created a mirror-image secret police for its Afghan puppet government, KhAD.
KhAD sought to eradicate all opposition to the Communists. It also ran the education system and religious establishment. KhAD quickly became notorious, even in a famously brutal society, for its cruelties.
All political prisoners -- that is, anyone who opposed the Communists -- were subjected to systematic tortures. These ranged from garden variety beatings, pulling of fingernails, near-drowning and electric shocks to more refined cruelties.
Prisoners were flayed alive, thrown into vats of sulphuric acid, blinded, buried alive, burned with gasoline, or slowly frozen in refrigerated rooms.
Psychological tortures -- sleep deprivation, long isolation in darkness, sound assault, mock executions and psychotropic drugs -- were also used by KhAD under KGB supervision. The same tortures, known as "enhanced interrogation," are routinely used today by the CIA.
The Communists killed two million Afghans.
CANADIAN REACTION
Canada turned its back and refused to aid the mujahedeen battling Soviet occupation.
After the Soviets withdrew in 1989, the newborn Taliban movement drove the remaining Afghan Communists -- rebranded the Northern Alliance -- into the far northeast.
2001 REIGNITES KhAD
In 2001, the U.S. invaded Afghanistan, allied itself to the Northern Alliance, and overthrew the Taliban. A figurehead, Hamid Karzai, was put in power.
Real power, however, was held by the Communist-dominated Northern Alliance.
Once the Northern Alliance took Kabul, the KhAD, rechristened NDS, was quickly re-established. The old Communist torturers and war criminals went back into business.
Today, an estimated 60% of NDS personnel are former KhAD agents. Canadian and U.S. forces fighting to pacify southern Afghanistan have been routinely handing captives and suspects over to the NDS secret police -- in clear violation of the Geneva Conventions.
EXPOSURE
This dirty secret was finally exposed to Canadians by a major Globe and Mail investigation.
It exposed Ottawa's childish claims of having assurances from the Afghan Communist secret police -- which had murdered or maimed tens of thousands of victims -- to treat prisoners humanely.
HOW CANADA GOT INTO THIS
How did Canada get into this mess?
Conservatives in Ottawa saw a chance to win new voters by whipping up jingoism in a jolly little war against "evil" Muslims that was supposed to be a slam dunk.
Chest-thumping generals leapt before they looked. The men in Ottawa responsible for getting Canadians stuck ever deeper in this ugly conflict had no knowledge whatsoever about Afghanistan, its tribal politics, or history.
Senior officers and politicians who claim not to have known they were handing over prisoners to the Afghan secret police for torture are either stunningly ignorant or lying.
I guess they never read Rudyard Kipling's famous admonition to British soldiers fallen wounded in Afghanistan, "save your last bullet for yourself."
This writer, who has covered many guerrilla wars in Asia, Africa and Central America, repeatedly warned in recent years that the longer Canadian troops stayed in Afghanistan, the more they would become brutalized and involved in war crimes. Such is the nature of all guerrilla wars. Has no one in Ottawa ever studied Algeria, Lebanon or Vietnam?
FAIRY TALE TORTURE
Canadians who still believe the fairy tale that their forces in Afghanistan are "nation building" or doing social work should reflect on the grim fate of prisoners their soldiers handed over to the mercies of the Afghan secret police.
Ottawa's deal this week with Kabul for inspection of NDS prisoners is a sham. The KhAD had the same empty "agreement" with human rights groups in the 1980s.
It's bad enough Canada's troops are defending Afghanistan's warlords who run its booming heroin industry.
Now Ottawa is hand in glove with the Communist Party's veteran torturers.

Perils of an unchecked executive

Jonathan Hafetz
09:03 AM EDT on Tuesday, May 8, 2007
JONATHAN HAFETZ

NEW YORK -- REMARKABLY, President Bush has not learned any lessons from the excesses of his “war on terrorism,” now in its sixth year. Even though the president’s own secretaries of state and defense have warned that the prison at Guantánamo is undermining America’s credibility, the president continues to assert the powers of a king by detaining people without charge and without court review whenever he deems them “enemy combatants.” This strategy contradicts America’s core values and undermines the fight against terrorism.

In 2004, the Supreme Court sensibly defined the term “enemy combatant” as an enemy solider who engages in combat against American troops on an actual battlefield. The court also ruled that the United States must provide a legitimate process to make sure we are detaining the right people, not innocent tourists, embedded journalists, or local aid workers swept up amid the chaos of war where mistakes are easily made.

The administration, nevertheless, has ignored these limits in three important ways. First, it has defined “enemy combatant” in terms so sweeping that it would allow the president to lock up a little old lady in Switzerland who gives money to a charity which, unbeknown to her, is secretly funneling money to terrorist organizations.

Second, it has failed to follow the Geneva Conventions and the U.S. military’s own regulations which require a prompt hearing for detainees seized on the battlefield to separate innocent civilians from actual combatants. To make matters worse, only 5 percent of the detainees at Guantánamo were captured by U.S. forces; 86 percent were taken into custody by Pakistani or Afghan forces at a time when the U.S. was offering large financial bounties for the capture of any Arab terrorist.

And third, the administration has blocked review of its detention practices by denying habeas corpus, which requires a court to examine the factual and legal basis for a prisoner’s confinement. As a result, the administration has prevented any judge from determining whether the individuals it has jailed are actually terrorists — a position that speaks volumes about the government’s lack of confidence in its evidence.

Regrettably, last fall Congress increased, rather than curbed, the president’s power grab by passing the Military Commissions Act. This act not only weakens longstanding rules against illegal detention and torture, but also prevents the federal courts from enforcing those rules by eliminating habeas corpus.

Unchecked executive detention has created a prison beyond the law at Guantánamo, where nearly four hundred individuals remain detained without charge or due process. Though labeled as the “worst of the worst,” according to the government’s own data, only 18 percent of the detainees at Guantánamo have any definitive affiliation with al-Qaida or the Taliban. But since the government never has to present its evidence in a court of law, errors go uncorrected.

The president’s quest for ever greater power is not limited to Guantánamo, but extends to the United States. Mr. Bush maintains that he can jail without charge an individual living in this country, whether an American citizen or not. As a result, a college student whose former roommate later joins the Taliban, a chief executive who donates money to an organization he believes is helping to build hospitals in the Middle East or a person who teaches English to the child of an al-Qaida member, all may be permanently imprisoned as “enemy combatants” without any proof of guilt.

To be sure, it is difficult to imagine any judge tolerating this state of affairs. But the problem is that without habeas corpus no judge can ever review the government’s evidence, leaving detainees to languish in prison based solely on executive say-so.

The issue is not whether the president acts in good-faith when he deprives people of their liberty. The genius of our Constitution is that it does not entrust any president with that awesome power but instead sets up a system of checks and balances that prevents any person from placing himself above the law.

The president’s “trust-me” approach to civil liberties does not just defy America’s best traditions. It robs the fight against terrorism of the legitimacy and credibility it needs to succeed.

Over the last five years, Guantánamo has become a lightning rod for criticism and short-hand for the abuse of power. Our closest allies have denounced Guantánamo as a “shocking affront to the principles of democracy,” while Secretary of Defense Robert Gates recently called for the prison’s closure.

Guantánamo makes it more difficult for America to demand that other countries obey the rules by showing we do not follow those rules ourselves. The same goes for the practice of “extraordinary rendition” in which the United States hands individuals over to countries like Syria and Egypt for torture. Like the detentions at Guantánamo, such practices put Americans at risk by encouraging other nations to treat our citizens as we have treated theirs.

The damage wrought by the administration’s wrong-headed policies cannot be remedied overnight but will require a concerted effort to develop a rights-respecting approach to counter-terrorism. The first step is an easy and obvious one: Restore habeas corpus, the greatest safeguard of individual liberty and check upon arbitrary executive power.

Restoring habeas will demonstrate that America gives all prisoners a meaningful chance to prove their innocence. Nothing less can suffice in a country committed to due process and the rule of law.

Jonathan Hafetz directs litigation for the Liberty and National Security Project of the Brennan Center for Justice at New York University Law School, is counsel to several detainees and is writing a book on post-9/11 detentions to be published by NYU Press.

Wednesday, May 2, 2007

Move over CIA. The FBI tortures, too.

Published on Tuesday, May 01, 2007

Guest Opinion: FBI outsourced dirty work to secret Ethiopian prisons
While we have been awash in news stories about the firing of U.S. attorneys, Don Imus and the Virginia Tech horror, how many Americans know that the FBI and, to a lesser extent, the CIA have been interrogating suspected terrorists in secret prisons in Ethiopia? An ally in our combating terrorism, Ethiopia is also notorious for abusing prisoners, including torturing them. Among those held recently there is an American citizen.

On April 5, the Associated Press reported that Ethiopia was under pressure "to release details of detainees from 19 countries ... including women and children (who) have been transferred secretly and illegally. An investigation by the Associated Press found that CIA and FBI agents have been interrogating the detainees."

As John Sifton, a deeply experienced researcher at Human Rights Watch said on the national Democracy Now radio and Internet program (April 5), these suspects would previously have been held as enemy combatants at Guantanamo Bay or the Bagram Air Base in Afghanistan. But "the Bush administration has shifted gears, and now they have the FBI interrogating people ... by local forces, the Ethiopians, the Kenyans ... That's why we call it a sort of outsourced Guantanamo." These interrogations purportedly are to weed out al-Qaida conspirators and cells in the Horn of Africa.

U.S. citizen imprisoned

The American prisoner, Amir Mohamed Meshal of Tinton Falls, N.J., held since late January, was questioned several times by FBI agents - as American officials admit - without being charged and without having a U.S. consular official present, or an attorney. But Meshal has a very active and properly indignant attorney in Jonathan Hafetz of the Brennan Center for Justice at New York University. On April 2, he wrote to Secretary of State Condoleezza Rice demanding she get the Ethiopian government to release his client. Also, writing to Rice was Rep. Rush Holt, D-N.J., about his constituent, Amir Meshal:

"Our government," Holt told Rice, "cannot allow an American citizen to be held by the Ethiopian government in violation of international law and our own due process." As of this writing, Rice has not replied to the congressman.

Fortunately, Holt is chairman of the House Select Intelligence Oversight Panel. I expect that in addition to finding out why his constituent was outsourced to Ethiopia, the congressman will also ask FBI Director Robert Mueller, CIA Director Michael Hayden and other high-level intelligence officials why they have been directly responsible, in this case of an American citizen, for working with the Ethiopian government to violate international law - and the very basis of our system of justice, due process. (If they are not directly responsible, who's running their shops?)

It also would be very useful - and indeed necessary - if our rule of law is to have credibility at home and in the world - to find out from the president and Dick Cheney how they justify this outsourcing of an American citizen to an Ethiopian dungeon.

Meanwhile, what's happening to American citizen Amir Meshal? In a dispatch from Addis Ababa, Ethiopia, on April 12, The Washington Post quoted FBI Special Agent Richard Kolko, who "confirmed that there were no charges against Meshal, and State Department officials said the FBI told them that no charges were pending." So, Meshal was set to be released from the secret prison and flown back to the United States where, unlike in Ethiopia, every citizen is guaranteed due process of law.

Not so fast. The same Washington Post story revealed that Meshal is still imprisoned. (As of this writing, he remains in his cell.) Why? "State Department officials booking his flight discovered that his name had been placed on a no-fly list at the request of the FBI and no airline would take him, U.S. officials said."

Secret military tribunal

Then, on Friday, April 13, Amir Meshal did get out of that lockup - to be hauled before an Ethiopian military tribunal. The New York Times on April 14 added: "No news media or members of the public were allowed at the hearing (before the military tribunal), and American officials said that they, too, were barred from attending. Ethiopian officials did not disclose details. Ethiopian Foreign Ministry officials said they were not authorized to talk about it."

Last year, the president said that no one was still being held in CIA secret prisons although they remain open, as permitted by the Military Commissions Act of 2006. On what authority has - as reported by the Washington Post - "the FBI carried out interrogations of dozens of detainees in Ethiopian secret prisons"?

What about American citizen Amir Mohamed Meshal of Tinton Falls, N.J.? Has his citizenship been suspended?

Nat Hentoff, a nationally renowned authority on the First Amendment and the Bill of Rights, wrote this column for Newspaper Enterprise Association.

Copyright © The Billings Gazette, a division of Lee Enterprises.

Monday, April 30, 2007

Living Under the Guillotine's Blade

April 27, 2007

Imagine you see a man on his knees, arms outstretched, with his head resting on a wooden block. Ten feet above his head, the sharp edge of a guillotine blade hangs suspended. The blade is held back by a rope that is visibly frayed and weak. It appears the rope might snap at any moment, and the blade will descend to plunge through the man's neck. Blood will spurt over the platform on which the guillotine sits, and the man's head, brutally shorn of the rest of his body, will thud onto the darkened platform below, onto the wood stained with the blood from earlier victims. This scene has been enacted many times before.

One aspect of the drama playing out before you is exceptionally strange. No one is forcing the man to remain on his knees, with his head calmly resting on the block. He could get up and walk off the platform at any moment. Yet he doesn't. He appears to be entirely unconcerned about the fatal danger above him, the blade that hangs there with infinite patience, silently waiting for its moment. There are others watching this scene with you. Some of them, like you, shout out warnings to the man. Still he does not get up. You and the others have been unable to move the man, or to disable the blade. Only the man with his head on the block can save himself. He won't. He stays on his knees, with his head on the block. With every moment that passes, the rope holding the blade back weakens. You know, as the man himself knows, that the rope will break eventually.

Yet he stays there. Warnings continue to be shouted; he continues to ignore them. The rope frays still more. Some people in the gathered crowd finally leave. The tension had become unbearable to them. But you and a few others remain. Surely, you think, the man will get up eventually, before the rope breaks. Why would he remain there, when he knows that will mean his certain death? And still he doesn't move.

The minutes pass, and turn into hours. Nothing changes. The man remains in position. The blade waits. The only unknown is the precise moment when the blood will begin to flow, the moment when another life will be brutally destroyed, as so many have been destroyed before.

You feel compelled to remain, and to watch. You are unable to turn away. Death hangs in the air.

********************

This is how we live in America today. The final destruction of liberty, and of life itself, could begin at any moment. Yet we act like the man with his head resting on the block. We seem to believe there is nothing especially unusual in our circumstances, nothing that requires us to take action. Life goes on as it always did. Like the man under the blade, we could choose to alter our fate. We will not. We believe, as perhaps the man under the blade believes, that our situation isn't that bad; we'll be able to get through this, just as we always have. We forget all those who have gone before us, all those who have died bloody and painful deaths. But, we may tell ourselves, we are different from all those others. Their fate will not be ours, because we are special and unique. We forget that all the earlier victims thought the same.

Perhaps it is the case that the man with his head resting on the block isn't very intelligent. It is possible he doesn't understand that the rope holds the blade back, and that when the rope breaks, the blade will descend and cut through his flesh. At this moment in history, it is indisputably the case that Americans generally, and the political class and most of those who write about politics (including almost all bloggers), are not very intelligent. They appear to understand almost nothing about political principles, or how they operate. Gathering dangers hold no reality for such people. They will understand the guillotine's purpose only when the blade first touches their necks, and the blood finally gushes out. Yes, they will certainly comprehend the danger then, when all possibilities for action have been destroyed.

The man in my story has only one blade suspended above him; we have at least four blades hanging over us, any one of which could be fatal.

The first blade, probably the most dangerous one, is the Military Commissions Act. What is it that people fail to understand about this abomination? I know that I and others have explained its immense dangers and its fatal implications numerous times; perhaps we haven't explained it very well. But I don't know how to say it any more plainly than this:
There is no question that the Military Commissions Act, given the language it now contains, grants -- in principle -- full dictatorial powers to the executive. As I explained in the earlier essay, the executive and certain entities it controls can designate anyone, including any American citizen, as an "unlawful enemy combatant." That person can then be imprisoned for the rest of his life, with no recourse whatsoever. Period.

...

The critical point is what, in principle, the grant of power includes. As noted, the grant is absolute: it includes everything. As I have pointed out, the determination of the Bush administration to achieve absolute power has been indisputably clear since shortly after 9/11. And this is hardly the first time that I and others have noted that the mechanisms for a complete dictatorship have now been put in place.

...

With proper preparation, and with the requisite understanding that freedom itself was imperiled, the Democrats could have achieved these aims. All of us would be forever in their debt. Surely liberty itself is worth such a battle, isn't it? But the Democrats did none of these things, so the bill passed. Thus, they share in the guilt and responsibility. The guilt and responsibility that accrues to the Democrats is not as great as that of the Republicans, but it is surely great enough. And when your freedom, and that of your family and friends, and that of every single one of us, is destroyed in this manner, how do you even go about measuring degrees of guilt? How do you say this failure is worse than that one? The bill passed. They all failed, Republicans and Democrats alike. In principle, torture was enshrined and liberty was destroyed.

...

Some argue that the Supreme Court will find the act, or at least certain key provisions, unconstitutional. That, too, is a hope, but I myself am far from certain that the Court will rule in such a manner. In any event, we do not know what the ultimate outcome will be as far as the judicial system is concerned.

So we are confronted with one stark certainty, opposed by fragile and uncertain future hopes. We know the Military Commissions Act destroys liberty at its very foundation. We do not know if this fatal injury will ever be ameliorated. The Act should have been stalled at the very least. It was not.

Destroying the very basis of liberty is not an event that occurs every day. Mark the date. Historians may well have cause to note it.
The Democrats have proposed the "Restoring the Constitution Act," although its passage hardly appears to be a matter of great urgency to them. If they do not view the destruction of the foundation of liberty as a genuine emergency requiring almost instantaneous action, what would constitute an emergency? Beyond this, proposing new legislation to "fix" the original bill is precisely the wrong way to fight this battle, as I explained in "America, Now Without the Revolution":
If we genuinely seek to walk the long road back to a constitutional republic, the Act must be repealed. It must be wiped from the books completely. Instead, the Democrats propose to enact another bill, "correcting" the errors in the first. Inevitably, this will lead to endless debates, in Congress, in the courts and everywhere else, about how the two bills should be construed in relation to each other. These debates and confrontations will go on for years -- and all the while, the Military Commissions Act will remain the law of the land, a law that destroys the very concept of law in terms of what it had once meant.

You do not "fix" evils of this kind. You obliterate them as required. It is required here. At long last, let the Democrats understand the nature of this battle, as I discussed it in the earlier essay. Let them educate themselves, other members of Congress, and the American public. Let them attempt to mobilize Americans to demand that the Act be repealed, on a scale and in a manner that cannot be ignored. All our political leaders endlessly praise those who give their lives in defense of liberty, as they should when it is true. (It is not true in Iraq.) If they are sincere in that praise to any degree at all, can't they fight a legislative battle to restore the basis of liberty? They are being asked to take up only intellectual arms. For God's sake, they can do it sitting down the entire time.

But, you say, Bush will veto legislation repealing the Military Commissions Act. I initially note that Bush is equally likely to veto any attempt to "fix" that Act. But if the Democrats waged the necessary campaign and enlisted a significant part of the American public on their side, then let him. He will stand alone, revealed as the enemy of liberty and civilization that he is.
But here is where stupidity enters the picture. Just as the man does not grasp the operation of the guillotine or the fact that, if he does not move, the blade will kill him, our political class (and most writers and bloggers) appear not to understand the profound dangers of the Military Commissions Act because of only one fact: its full powers have not yet been implemented. In an earlier essay, I quoted Jacob Hornberger on this point. Hornberger deconstructs two common objections to the statement of fact that the Executive now possesses full dictatorial powers. With regard to the second objection, he writes:
"Well, then, where are the mass round-ups, and where are the concentration camps?"

Again, people who ask that type of question are missing the point. The point is not whether Bush is exercising his omnipotent, dictatorial power to the maximum extent. It's whether he now possesses omnipotent, dictatorial power, power that can be exercised whenever circumstances dictate it — for example, during another major terrorist attack on American soil, when Americans become overly frightened again.
I went on to note:
I've made this point repeatedly over the last several years, and it is only a measure of the remarkably primitive quality of our national conversation that so many Americans seem incapable of grasping it.

To put the point the other way, which will hopefully penetrate the wall of resistance erected by so many people: the only reason you aren't in a concentration camp right now is because Bush hasn't decided to send you to one -- yet. But he claims he has the power to do so -- and there are almost no voices of any prominence to dispute the contention. What is even worse than the loss of liberty is the fact that most Americans aren't even aware that the loss has occurred. If there are any national leaders who understand these issues and have the courage to fight for our freedom here at home, they ought to realize that the battle must be waged now. Given the hysteria that followed 9/11 -- and the hysteria that would certainly follow another terrorist attack in the U.S. of the same or even greater magnitude -- protesting against round-ups at that point would be entirely futile, and would come far too late.
Hornberger's comments and mine on this issue were written before passage of the Military Commissions Act. Bush had asserted these dictatorial powers earlier and utilized them, but only very selectively. The Military Commissions Act codified those powers, and made dictatorship and torture the law of the land.

But to watch the actions of our political class and to read most political writers, none of this requires urgent action. The guillotine has no reality for us; it will become solid only when we feel the touch of the blade. You may be certain of one fact: when powers of this kind are granted to political leaders, men and women prepared to use them in full will come along sooner or later, probably sooner in our case and almost certainly after another major terrorist attack within our own shores The round-ups will come, as will the concentration camps, as will comprehensive censorship. The executions without trial will come, as well. The torture is already here, and has been for some time.

The second blade is related to the first one; it could be fatal on its own, and it would certainly be fatal in conjunction with the Miitary Commissions Act. I will let one of the rare writers who grasps these dangers consistently, whether they are proposed and supported by Republicans or Democrats, explain it. In a new article, Jim Bovard writes:
The Defense Authorization Act of 2006, passed on Sept. 30, empowers President George W. Bush to impose martial law in the event of a terrorist “incident,” if he or other federal officials perceive a shortfall of "public order," or even in response to antiwar protests that get unruly as a result of government provocations.

...

It only took a few paragraphs in a $500 billion, 591-page bill to raze one of the most important limits on federal power. Congress passed the Insurrection Act in 1807 to severely restrict the president’s ability to deploy the military within the United States. The Posse Comitatus Act of 1878 tightened these restrictions, imposing a two-year prison sentence on anyone who used the military within the U.S. without the express permission of Congress. But there is a loophole: Posse Comitatus is waived if the president invokes the Insurrection Act.

Section 1076 of the Defense Authorization Act of 2006 changed the name of the key provision in the statute book from "Insurrection Act" to "Enforcement of the Laws to Restore Public Order Act." The Insurrection Act of 1807 stated that the president could deploy troops within the United States only “to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy.” The new law expands the list to include "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition"—and such "condition" is not defined or limited.

These new pretexts are even more expansive than they appear. FEMA proclaims the equivalent of a natural disaster when bad snowstorms occur, and Congress routinely proclaims a natural disaster (and awards more farm subsidies) when there is a shortfall of rain in states with upcoming elections. A terrorist "incident" could be something as stupid as the flashing toys scattered around Boston last fall.

The new law also empowers the president to commandeer the National Guard of one state to send to another state for up to 365 days.

...

The story of how Section 1076 became law vivifies how expanding government power is almost always the correct answer in Washington. Some people have claimed the provision was slipped into the bill in the middle of the night. In reality, the administration clearly signaled its intent and almost no one in the media or Congress tried to stop it.

...

Section 1076 was supported by both conservatives and liberals. Sen. Carl Levin (D-Mich.), the ranking Democratic member on the Senate Armed Services Committee, co-wrote the provision along with committee chairman Sen. John Warner (R-Va.). Sen. Ted Kennedy openly endorsed it, and Rep. Duncan Hunter (R-Calif.), then-chairman of the House Armed Services Committee, was an avid proponent.

...

This expansion of presidential prerogative illustrates how every federal failure redounds to the benefit of leviathan. FEMA was greatly expanded during the Clinton years for crises like the New Orleans flood. It, along with local and state agencies, floundered. Yet the federal belly flop on the Gulf Coast somehow anointed the president to send in troops where he sees fit.

"Martial law" is a euphemism for military dictatorship. When foreign democracies are overthrown and a junta establishes martial law, Americans usually recognize that a fundamental change has occurred. Perhaps some conservatives believe that the only change when martial law is declared is that people are no longer read their Miranda rights when they are locked away. "Martial law" means obey soldiers’ commands or be shot.

...

Some will consider concern about Bush or future presidents exploiting martial law to be alarmist. This is the same reflex many people have had to each administration proposal or power grab from the Patriot Act in October 2001 to the president’s enemy-combatant decree in November 2001 to the setting up the Guantanamo prison in early 2002 to the doctrine of preemptive war. The administration has perennially denied that its new powers pose any threat even after the evidence of abuses—illegal wiretapping, torture, a global network of secret prisons, Iraq in ruins—becomes overwhelming. If the administration does not hesitate to trample the First Amendment with "free speech zones," why expect it to be diffident about powers that could stifle protests en masse?
Note the crucial dynamic identified by Bovard, one I have noted on many occasions: the government is granted massive powers "for our own good," and to "protect us." An emergency arises, and the government abjectly fails to protect us. The failure is used to argue that the problem is that the government didn't have enough power, so it is granted still more expansive powers. Then the government fails again, at which point it is given still further powers. This has been the pattern in the United States since the late nineteenth century, as it has been the pattern in many other countries in the past. At every step, almost all politicians and writers cheer as the leviathan state grows, and as individual liberty is destroyed. The number of times this pattern can be successfully repeated depends upon how hungry for power the political class is, and how ignorant (or stupid, if you will) the public is. Our political class has a boundless hunger for power which will remain unsatisfied until its power is absolute, and the American public adamantly refuses to learn a single damned thing. Our road to Hell is open and unobstructed.

The reaction to the first two blades on the part of politicians and most political writers is also the same: there is next to response at all. As Bovard notes, the president can declare martial law because of "natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition" -- which means he can declare martial law whenever he wants. Since we have a press that primarily acts as a handmaiden to the powerful and which, with very rare exceptions, transmits government propaganda to a degree that effectively makes it another branch of government, who would challenge the president's assertion of such powers? And we have seen the public's ready acceptance of grievous restrictions of freedom in the hysteria following 9/11, and that acceptance continues today. When is the last time you heard of anyone seriously protesting the government's idiotic search protocols at an airport, or objecting to any of the much more serious incursions into what had once properly been regarded as a citizen's zone of privacy? We have become a nation of whining, sniveling cowards. When we are sufficiently scared, and when the government tells us it acts only to "make us safe," we will do whatever we are ordered to do. If we ask any questions at all, it will only be much later, when the liberties we have so blithely surrendered cannot be recovered.

That the president can declare martial law whenever he wishes, on a whim or to finally realize his dreams of absolute power (and I know this may shock you, but such dreams do not belong only to Republicans), causes virtually no one to think that action to prevent such a catastrophe must be taken -- and that it must be taken now. Many Americans don't even know this blade is there; most of those who do see it appear not to care at all that it exists. When the troops appear in your city and on your street, and when some of your neighbors and friends begin to disappear (remember the first blade), why, then you might care, when there is nothing whatsoever to be done about it, lest you too be spirited away in the dead of night.

The third and fourth blades are forged in the realm of foreign affairs, but their effects extend to the United States on the domestic front. Stupidity puts in another appearance here. Most Americans, including our governing class and our commentators, cannot grasp the operation of political principles when they are confined here at home. When connections must be made between events overseas and domestic politics, our brains are entirely incapable of making the integrations. In addition, our narcissism is almost perfect: when death and chaos are visited upon peoples abroad -- peoples who are almost without exception darker than we are (or at least, darker than most of our leaders are), poor, and largely defenseless -- we barely notice. It's not as if Americans were being killed; even then, as the death toll of Americans in Iraq continues to rise, we see no reason to bring matters to a quick conclusion. As long as it's over there, what do we care?

Every prominent politician, Democrat and Republican, agrees that we have the "right" to attack Iran if Iran does not conduct itself in accordance with our demands. The source of this "right" has never been explained, since it cannot be explained. This is an axiomatic truth for our governing class, and it applies to every country in the world that cannot respond to a U.S. attack in a serious, large-scale manner. Note Hillary Clinton's comments only a couple of days ago about Iran, and our "right" to take "offensive military action." I have explained in some detail why an attack on Iran in the current circumstances and in the foreseeable future would be a monstrous crime; see "Morality, Humanity and Civilization: 'All that remains...are memories.'" But keep the possible consequences in mind: many thousands dead, and millions dead if we were to use even "tactical" nuclear weapons; spreading chaos across the Middle East and very likely beyond; possible economic calamity, which could lead to a significant collapse of the U.S. economy, as well as the economies of many other nations, and on and on. The consequences would spread around the globe, and would be felt for decades to come.

There is still a further result, beyond the fact that an attack on Iran would make us the equivalent of Nazi Germany and its attack on Poland. I discussed it in the second part of my "Dispatch from Germany" series, where I again quoted Jim Bovard:
Attacking Iran will put American civilians in the terrorist crosshairs, with little or no federal Kevlar to protect them. The key question is not whether terrorists will attack but how the American people will likely respond and how politicians could exploit the situation.

There is no reason to expect the American people to be less docile than they were after 9/11. The percentage of Americans who trusted the government to do the right thing most of the time doubled in the week after 9/11. It became fashionable to accuse critics of Bush administration policies of being traitors or terrorist sympathizers. ...

The Bush administration has a record of exploiting terrorist attacks to seize nearly boundless power. After the 9/11 attacks, the Bush administration effectively temporarily suspended habeas corpus, railroaded the Patriot Act through Congress, authorized warrantless domestic wiretaps, and nullified restrictions on torture by the CIA and U.S. Military. The Bush administration now claims that the Authorization to Use Military Force resolution passed by Congress in September 2001 raised the president’s power above the Bill of Rights.

If there are new terror attacks at home, how much more latent presidential power will administration lawyers claim to discover within the penumbra of the Constitution? How broad would the roundup of suspects be? How many years would it be until Americans learned of how much power the government had seized? Is there any reason to expect that a series of attacks would not quickly result in attempts to proclaim de facto martial law?

...

If Bush does bomb Iran, the chain reaction could wreck American democracy. The Bush administration shows no signs of developing either an allergy to power or an addiction to truth. The American republic cannot afford to permit a president to remain above the law and the Constitution indefinitely. Anything that raises the odds of a terror attack reduces the odds of reining in the government.
So you see how the third blade, an attack on Iran, ties into the second blade, the president's unlimited ability to impose martial law, which ties into the first blade, the Executive's ability to declare anyone an enemy of the state on any basis or no basis at all, and then to imprison and torture them for the rest of their lives.

I have suggested a number of actions that might be taken in an attempt to prevent an attack on Iran. A few people have noted that post, and some have followed through on some of those suggestions individually. But no one and no organization in this country is trying to motivate a sufficient number of people to take action on the scale required. Given the frequency with which our politicians announce that the possibility of a nuclear-armed Iran is too great a danger to "civilization" to be "tolerated," most of us have to know this blade is there. We see it, and we don't care. The blade hangs over our heads, and over the entire world. We will not move.

If we are fortunate enough to make it through the remainder of Bush's term without a U.S. attack on Iran, it will not be because of anything anyone has done to prevent it. No one has done anything to prevent it. It will simply be because we were lucky. But as the remarks from Hillary Clinton and every other leading Democrat make clear, the danger will not pass away with Bush's exit from the national stage. As long as our governing class and the foreign policy establishment remain committed to American global hegemony as our foundational foreign policy goal (see "Dominion Over the World"), I consider it certain that the U.S. will attack Iran at some point, if not during this administration, then probably during the next one.

The fourth blade is, of course, the unending occupation of Iraq. As I explained yesterday, it will be unending, even if the number of American troops is reduced to 50,000 or 70,000 in the next few years. We will be there for decades into the future; no prominent politician, Democrat or Republican, opposes that plan, which was the plan from the outset. As a number of knowledgeable people predicted prior to the Iraq invasion, Iran has been the primary victor in this imperial disaster. The episode with the British sailors recently demonstrated, as have any number of other incidents, that the longer we remain in Iraq, the greater the likelihood that some incident, real or manufactured, will lead to open conflict with Iran, and to the attack on Iran that every leading politician seems to long for. Our ruling elites are determined to effect "regime change" in Iran in any case, but a border incident or one of some other kind might hasten the schedule, and make a U.S. attack easier to "sell" to a gullible American public.

So we see how the fourth blade connects to the third, and how all the blades interconnect and multiply the dangers. We have already destroyed Iraq, and we may yet destroy Iran and much of the Middle East. We may cause an international economic collapse, or severe economic dislocation at a minimum. We may see the final end of liberty here at home, and the installation of a dictatorship via a declaration of martial law.

And almost no one speaks of the incomprehensible catastrophes that lie in wait. Almost no one takes action to prevent even one of them. Our lives proceed as if nothing at all unusual is transpiring in our world, either abroad or at home. Occasionally, a few people shout warnings. They are almost entirely ignored.

The blade is suspended above us. With every moment that passes, the rope that holds it back frays and weakens still more.

Death hangs in the air.

We will not move.

posted by Arthur Silber at 10:54 AM

Sunday, April 29, 2007

Down a Dark Road

Movie Uses Afghan's Death to Ask Tough Questions About U.S. and Torture

By Richard Leiby
Washington Post Staff Writer
Friday, April 27, 2007; C01

In 2002, a young Afghan taxi driver named Dilawar, who'd never spent a night away from his dusty little village, got lost in the fog of war and took a wrong turn into an abyss from which he would never return. It was a detention center at Bagram Air Base, where he was grilled on suspicion of being a Taliban fighter. Military interrogators hung him from a cage in chains, kept him up all night and kicked him senseless, turning his legs into pulp.

He lasted only five days. The Army initially attributed his death to natural causes, even though coroners had ruled it a homicide. Low-level soldiers were punished. It turned out that Dilawar (who, like many Afghans, used only one name) was not an enemy fighter, had no terrorist connections and had committed no crime at all.

"He was in the wrong place at the wrong time. He was the wrong man," says filmmaker Alex Gibney, whose latest documentary, "Taxi to the Dark Side," puts the fate of one hapless, ordinary Afghan into a larger and more disturbing context. Its focus is torture, and whether torture became a deliberate component of U.S. policy at places like Bagram, Abu Ghraib and Guantanamo Bay.

Researchers at Human Rights First have categorized more than 70 detainee deaths in the Iraq and Afghanistan wars as homicides linked to gross recklessness, abuse or torture. The findings are based largely on the military's own records, obtained through Freedom of Information Act requests, according to Hina Shamsi, an attorney for the organization.

"Murder's torture," Lawrence Wilkerson, a retired Army colonel and former Colin Powell aide, says in the film. "Murder's the ultimate torture."

More than 250 service members have been "held accountable for their roles" in detainee abuse cases, according to a Pentagon spokesman, Lt. Col. Mark Ballesteros. But official inquiries have basically exonerated the brass. Indeed, a dozen such reviews found no evidence of "a government policy directing, encouraging or condoning abuse," Ballesteros says. "I can tell you that, in general, humane treatment of detainees is and always has been the Department of Defense standard."

Gibney's 2005 Oscar-nominated documentary "Enron: The Smartest Guys in the Room" explored corporate and personal corruption. "Taxi," he says, explores corruption of the rule of law and American principles. His conclusion, supported by Wilkerson and several other experts in the film, is unflinching: Those truly responsible for the detainee deaths are the top Pentagon and Bush administration officials who set the detainee policies in motion.

"Taxi," which premieres tomorrow at the Tribeca Film Festival, is part of a long tradition of documentaries that tell the Unofficial Story, revisiting and synthesizing media coverage of events, then probing further. They posit conclusions or lead viewers to them through well-grounded arguments, saying, essentially, Take another look. Forget the trees, here's the forest. Among those that have won accolades: "Hearts and Minds" (1974), "The Panama Deception" (1992) and "Waco: The Rules of Engagement" (1997).

"The film becomes a sort of agent provocateur," says Gibney. "Part of my brief is to make a hopelessly complicated and arcane subject comprehensible to the average viewer."

The movie borrows its title from Vice President Cheney's observation not long after 9/11 about intelligence gathering: "We also have to work sort of the dark side, if you will. . . . It is a mean, nasty, dangerous, dirty business out there, and we have to operate in that arena."

Shedding light into that shadowy zone, "Taxi" puts a human face on the complex "unlawful enemy combatant" court cases and legislation of the past few years. It focuses sympathetically on grunts who were court-martialed in connection with Dilawar's death. Much of the narrative is constructed through interviews with these interrogators and the New York Times reporters who suspected a whitewash after Dilawar and another Bagram detainee died within a week. Avoiding political polemic -- a flaw of many anti-Iraq war and anti-Bush documentaries -- the film instead illuminates characters we can relate to, both the 22-year-old victim Dilawar and his victimizers, people such as Spec. Glendale Walls. He believed the taxi driver was innocent, but says he was told by a superior to take Dilawar "out of his comfort zone."

Then there's Spec. Damien Corsetti, nicknamed "Monster" by his peers, who took to screaming out the ingredients on a box of Frosted Flakes to keep captives awake. Yet he knew full well that when it came to gleaning intelligence through sleep deprivation, "past two days they begin to just be bumbling idiots. Three days, they're just worthless."

Acting on ambiguous, wink-and-a-nod guidance from the top, the soldiers say they worked Dilawar over so harshly because that's what their jobs demanded of them. Officers wanted results in the war on terrorism, Geneva Conventions aside, and word came down that the gloves must come off.

Who gave the word? Well, that's the problem: The accountability trail up the chain of command is obfuscated by carefully parsed legalese, willful blindness and butt-covering.

* * *

Gibney's film shares many of the themes and conclusions of another documentary, "Ghosts of Abu Ghraib," directed by Rory Kennedy (the youngest child of RFK) and released by HBO in February. Next up: An Errol Morris documentary on Abu Ghraib, "S.O.P: Standard Operating Procedure." Still in production, it's about "the soldiers and the role of photography in misleading the press and the public about what happened there," Morris says in an e-mail. In 2004, the director's examination of Robert McNamara and Vietnam in "The Fog of War" won an Oscar.

Watching "Ghosts" and "Taxi," it's hard to believe that young enlisted men and women -- mainly unseasoned members of military police and military intelligence units -- suddenly became sadists, inventing new harsh and dehumanizing tactics on their own.

Some tactics in Iraq and Afghanistan seem to stem from interrogation practices at Guantanamo Bay, which the films conclude had mutated like a virus to other sites. These included sexual humiliation specifically meant to affront Muslim taboos, such as forced nudity, the draping of women's underwear on Arab men, or sexual come-ons from women soldiers; the menacing use of dogs (which are considered ritually unclean animals in Islam and rarely kept in homes); and sensory and sleep deprivation.

Both films contain unpublicized, highly explicit photos and videos from Abu Ghraib that leave the viewer queasy. Were those naked human pyramids really akin to fraternity hazing, as some conservative commentators suggested? Was it just a matter of " 'Animal House' on the night shift," as James Schlesinger, the former defense secretary, said after turning in his Abu Ghraib report?

If a man is forced to masturbate in front of his captors, is that not torture?

The Pentagon reaction after the Abu Ghraib scandal broke can be summed up as "blame the grunts, then court-martial them to deflect attention from the policy aspect of this," Scott Horton, a noted human-rights lawyer who offers commentary in both films, says in an interview. "But what happened flowed directly from the policy decisions that were taken at the top to use highly coercive techniques."

Both films also force us to contemplate what we ask of those who fight our wars. "You put people in crazy situations, people do crazy things," as Corsetti says in "Taxi to the Dark Side." "I can tell you we set the same policy at Abu [Ghraib] as we set at Bagram. Same exact tools. Same thing was going on."

He was among several members of the 519th Military Intelligence Battalion at Bagram who ended up at Abu Ghraib.

Corsetti, who was acquitted of all charges in the Bagram investigation, pauses and wryly chuckles. "And they wonder why it happened."

* * *

Former Army sergeant Sam Provance, a self-described "computer guy," got caught up in the investigation at Abu Ghraib. He was stripped of his security clearance for defying an order by talking to ABC News about the abuses. In Kennedy's movie, he sums up the atmosphere in the infamous prison as "like a combination of 'Apocalypse Now' meets the 'The Shining,' except that you know this is real and you're in the middle of it."

Today he's unemployed and sleeping on a relative's couch in Virginia -- he doesn't want to specify exactly where. The other day, smoking cigarettes in the back yard, Provance, 32, expanded on his five months working in military intelligence at Abu Ghraib. The use of dogs, he says, was imported directly from Gitmo: "When the Guantanamo crew showed up, a bad thing got worse."

A dog yelps in the background, as if on cue. "I feel bad just having been in there."

What bothers him most, though, is the stain on the U.S. Army. Torture was among the ostensible reasons we deposed Saddam Hussein, who had dispatched countless enemies to gruesome fates at the prison. "The two can't really be compared," he says. "That sort of thing was expected of Saddam -- he was your stereotypical tyrant -- whereas we are the bastion of ethics and morality in the world, holding the world accountable for wrongdoing."

So what happened at Abu Ghraib, he says, "is, in a respect, even worse."

Alex Gibney dedicates "Taxi" to the memory of his late father, Frank, who interrogated Japanese prisoners on Okinawa during World War II. "War crimes by Japanese were horrible," the filmmaker says. "We had every right to behave as the Japanese did but there was a sense of pride that we didn't do that. That's what made us different."

In the war against terrorism, he continues, "there is an argument made that this is a new kind of a threat: What kind of people would ram airplanes into buildings? Well, there were the kamikaze, but people like my father were able to talk to those people. And as fanatical as they may have appeared, they didn't have to waterboard them to get good information."

Administration lawyers say America's hands are clean, consistently denying that what happens to detainees is torture and drawing fine distinctions. The word torture, it seems, only applies to "intentional infliction of death or organ failure," Gibney says in summarizing a now-infamous 2002 Justice Department memo.

As President Bush himself said last September when the administration ran into congressional and legal opposition to CIA interrogation practices for terrorist suspects:

"This debate is occurring because of the Supreme Court's ruling that said that we must conduct ourselves under the Common Article 3 of the Geneva Convention, and that Common Article 3 says that, you know, there will be no outrages upon human dignity.

"That's like -- it's very vague. What does that mean, 'outrages upon human dignity'? That's a statement that is wide open to interpretation."

Horton, who has screened both films for his Columbia University law students, has one way of focusing the debate. He says he instructs them, "When you see these techniques being used, imagine that the detainee is a young American soldier. What would your reaction be? If it is one of outrage, then it is not the right technique."

Larry Wilkerson, a 31-year Army veteran, most certainly agrees. Now teaching a national security course at George Washington University, he screened "Taxi" for his students to help them focus on the results of making a change at the top in detainee policies. "You have to make sure every private at the bottom knows how to carry these decisions out," he says.

"If cinema is the highest American art form, and I believe it is," he adds, "then why not use that tool, that most effective tool, and certainly one that young people are drawn to, to get across that message, and to cause people to critically think about these things."

Such documentaries may never become blockbusters, but they do serve a higher role: as truth commissions for a wartime America. Toward that point, Wilkerson cites Friedrich Nietzsche: When you look into an abyss, the abyss also looks into you.

82 Inmates Cleared but Still Held at Guantanamo

U.S. Cites Difficulty Deporting Detainees

By Craig Whitlock
Washington Post Foreign Service
Sunday, April 29, 2007; A01

LONDON -- More than a fifth of the approximately 385 prisoners at Guantanamo Bay, Cuba, have been cleared for release but may have to wait months or years for their freedom because U.S. officials are finding it increasingly difficult to line up places to send them, according to Bush administration officials and defense lawyers.

Since February, the Pentagon has notified about 85 inmates or their attorneys that they are eligible to leave after being cleared by military review panels. But only a handful have gone home, including a Moroccan and an Afghan who were released Tuesday. Eighty-two remain at Guantanamo and face indefinite waits as U.S. officials struggle to figure out when and where to deport them, and under what conditions.

The delays illustrate how much harder it will be to empty the prison at Guantanamo than it was to fill it after it opened in January 2002 to detain fighters captured in Afghanistan and terrorism suspects captured overseas.

In many cases, the prisoners' countries do not want them back. Yemen, for instance, has balked at accepting some of the 106 Yemeni nationals at Guantanamo by challenging the legality of their citizenship.

Another major obstacle: U.S. laws that prevent the deportation of people to countries where they could face torture or other human rights abuses, as in the case of 17 Chinese Muslim separatists who have been cleared for release but fear they could be executed for political reasons if returned to China.

Compounding the problem are persistent refusals by the United States, its European allies and other countries to grant asylum to prisoners who are stateless or have no place to go.

"In general, most countries simply do not want to help," said John B. Bellinger III, legal adviser to Secretary of State Condoleezza Rice. "Countries believe this is not their problem. They think they didn't contribute to Guantanamo, and therefore they don't have to be part of the solution."

A case in point is Ahmed Belbacha, 37, an Algerian who worked as a hotel waiter in Britain but has been locked up at Guantanamo for five years. The Pentagon has alleged that Belbacha met al-Qaeda founder Osama bin Laden twice and received weapons training in Afghanistan. His attorneys dispute the charges and say he was rounded up with other innocents in Pakistan in early 2002.

On Feb. 22, without explanation, the Pentagon notified Belbacha's lawyers in London that he had been approved to leave Guantanamo. Despite entreaties from the State Department, however, the British government has refused to accept Belbacha and five other immigrants who had lived in the country, because they lack British citizenship.

This month, Clint Williamson, the State Department's ambassador for war crimes, visited Algiers to discuss possible arrangements for the return of two dozen Algerians who remain at Guantanamo, including Belbacha, but no breakthroughs were reported. That country has been slow to accept its citizens.

Zachary Katznelson, a lawyer who represents Belbacha and several other prisoners who have been cleared, said defense attorneys have tried to speed up the process by contacting foreign governments to see if there are any specific obstacles to the return of their clients. In many cases, he said, the prisoners and officials in their home countries are willing to approve the transfer, but the delays persist.

"The holdup is a mystery to me, frankly," said Katznelson, senior counsel for Reprieve, a British legal defense fund. "If the U.S. has cleared these people and they want to go back, I don't understand why they can't just put them on a plane."

Other prisoner advocates said the Bush administration has made its task more difficult by exaggerating the threat posed by most Guantanamo inmates -- officials repeatedly called them "the worst of the worst" -- and refusing to acknowledge mistaken detentions.

Foreign governments have also questioned why U.S. officials should expect other countries to pitch in, given that Washington won't offer asylum to detainees either.

"This is a problem of our own creation, and yet we expect other countries to shoulder the entire burden of a solution," said Ben Wizner, staff attorney with the American Civil Liberties Union. "There needs to be a worldwide solution here. The U.S. has to bear some of that burden. It can't simply expect its partners and allies to absorb all its detainees."

The 82 cleared prisoners who remain stuck in limbo come from 16 countries in the Middle East, North Africa and South Asia, according to defense attorneys who have received official notification of their clients' status.

The 17 Chinese Muslim separatists make up the largest contingent. Other countries with multiple prisoners awaiting release include Afghanistan, Sudan, Tunisia, Uzbekistan and Yemen.

The Pentagon has reduced the population at Guantanamo by roughly half since the peak of 680 people in May 2003, generally by sending prisoners back to their native countries. But U.S. officials said progress has slowed because of the complexity of the remaining cases.

Of the roughly 385 still incarcerated, U.S. officials said they intend to eventually put 60 to 80 on trial and free the rest. But the judicial process has likewise moved at a glacial pace, largely because of constitutional legal challenges.

Only two people have been charged under a military tribunal system approved by Congress last year. One of those cases has been adjudicated. David M. Hicks, an Australian citizen, pleaded guilty in March to lending material support to terrorists. He was sentenced to nine months in prison and is scheduled to be transferred to Australia in May to serve his time there.

Defense lawyers for some of the 82 cleared prisoners whose release is pending said Hicks received a better deal than did their clients who were not charged with any offenses. "One of the cruel ironies is that in Guantanamo, you've got to plead guilty to be released," said Wizner, the ACLU attorney. "It's the only way out of there."

Complicating the return process is that virtually all the prisoners at Guantanamo come from countries that the State Department has cited for records of human rights abuses. Under U.S. rules, a pattern of abuses in a country does not automatically preclude deportation there. Rather, U.S. officials must investigate each case to determine whether an individual is likely to face persecution.

The investigations are time-consuming and often meet with resistance from the prisoners' home countries, which can be sensitive to suggestions that they allow torture, U.S. officials said. In cases where there is a risk of mistreatment, U.S. policy is to obtain a written promise from the host government that the prisoner will not be abused and that U.S. officials will be allowed to monitor the arrangement.

"It often takes us months and months, or even years, to negotiate the human rights assurances that we are comfortable with before we will transfer someone to another country," said Bellinger, the State Department's legal adviser.

Human rights groups have criticized the written assurances as unreliable. In March, the New York-based group Human Rights Watch issued a report on the fate of seven Russians who were released from Guantanamo three years ago, asserting that three of the men have been tortured since their return.

The watchdog group urged the U.S. government to find third-party countries willing to take Guantanamo inmates who are judged to be at risk for political persecution. U.S. officials countered that they have tried to do that for years, with virtually no success.

Only one country has been willing to accept Guantanamo prisoners who had never previously set foot inside its borders. Last year, after prodding by the State Department, the Balkan nation of Albania agreed to take five Chinese separatists who belong to an ethnic group known as Uighurs.

The men were captured in late 2001 after they crossed the Chinese border into Afghanistan and Pakistan. Their attorneys said they were mistakenly taken into custody and had not taken up arms against U.S. forces. U.S. officials said dozens of countries refused to grant asylum to the Uighurs for fear of angering China, which considers them terrorists for leading a secession movement in the western province of Turkestan.

Seventeen other Uighurs who were caught in similar circumstances have been cleared for release but remain in Guantanamo because the State Department has been unable to find a home for them. Human rights groups have pressed the U.S. government to offer the men asylum, to no avail.

A senior U.S. official who spoke on condition of anonymity said that the Bush administration had considered granting the Uighurs asylum but that the idea was nixed by the Department of Homeland Security. The Uighurs would be rejected under U.S. immigration law, the official said, because they once trained in armed camps and because their separatist front, the East Turkestan Islamic Movement, was labeled a terrorist organization by the U.S. government in 2002.

Attorneys for the Uighurs said their predicament has been compounded by the Pentagon's unwillingness to say they don't pose a national security risk to the U.S. government or its allies. In announcing that the Uighurs had been approved to leave Guantanamo, military officials made a point of noting that they had not been exonerated and were still classified as enemy combatants.

"It's not a distinction that makes sense at all," said Michael J. Sternhell, a New York lawyer whose firm represents four of the Uighurs. "It's a caveat that the Defense Department is offering to cover itself."

Some human rights advocates said the Bush administration could speed things up by asking the United Nations or another international body for help.

Manfred Nowak, an Austrian law professor who serves as the U.N. special monitor on torture, said European allies and other countries would continue to duck requests to accept released prisoners as long as the U.S. government approaches them separately. An international commission responsible for finding a solution, he said, might carry more weight.

"If the U.S. is willing to do something to close down Guantanamo, then it should be done in a cooperative manner with the international community," Nowak said. "It's a question of burden-sharing. Otherwise, every individual country that the U.S. approaches says, 'Why us?' "

Staff researcher Julie Tate in Washington contributed to this report.

Saturday, April 28, 2007

Inside Africa's Guantánamo; Where John McCain, Rudy Giuliani, Barack Obama et al. Stand on Torture

Related
CIA held suspect in secret prison for months
The Waterboard Test: Where John McCain, Rudy Giuliani, Barack Obama et al. Stand on Torture
---
The only way the US can prop up its client regime in Somalia is through lawlessness and slaughter

Salim Lone
Saturday April 28, 2007
The Guardian


This is the most lawless war of our generation. All wars of aggression lack legitimacy, but no conflict in recent memory has witnessed such mounting layers of illegality as the current one in Somalia. Violations of the UN charter and of international humanitarian law are regrettably commonplace in our age, and they abound in the carnage that the world is allowing to unfold in Mogadishu, but this war has in addition explicitly violated two UN security council resolutions. To complete the picture, one of these resolutions contravenes the charter itself.



The complete impunity with which Ethiopia and the transitional Somali government have been allowed to violate these resolutions explains the ruthlessness of the military assaults that have been under way for six weeks now. The details of the atrocities being committed were formally acknowledged by a western government for the first time when Germany, which holds the current EU presidency, had its ambassador to Somalia, Walter Lindner, write a tough letter - made public on Wednesday - to Somalia's president, Abdullahi Yusuf.

The letter condemned the indiscriminate use of air strikes and heavy artillery in Mogadishu's densely populated areas, the raping of women, the deliberate blocking of urgently needed food and humanitarian supplies, and the bombing of hospitals. This is a relentless drive to terrify and intimidate civilians belonging to clans from whose ranks fighters are challenging the occupation.

There was a time when security council resolutions were hallowed in most of the world, as for example resolution 242 demanding the return of occupied Palestine territory in exchange for peace. But in our new world order, the powerful decide which UN resolutions are passed, and whether they need to be honoured. So the United States, which was violating the UN arms embargo on Somalia, rushed through another resolution in December that it thought would better serve US goals - and then proceeded to violate that one as well.

The new resolution forbade neighbouring countries from being part of the regional peacekeeping force the security council authorised for Somalia; but Ethiopia went much further and unilaterally invaded, with the covert assistance of the US - which also joined the war by bombing Somalia.

This December resolution actually contravened the charter itself, because it made the security council the aggressor and turned a clearly peaceful situation into war. The resolution linked the Islamic Courts government to international terrorism and mandated peacekeeping force, on the basis of chapter VII of the UN charter, to address the "threat to international peace and security" that Somalia posed - when every independent account, including Chatham House's on Wednesday, indicated that the country was experiencing its first peace and security since 1991.

The resolution paved the way for the Ethiopian invasion that has led to the bitter conflict that many independent analysts, including those at a meeting in Addis Ababa organised by Ethiopia's Inter-Africa Group, had warned would be the inevitable result. A government imposed through force by arch enemy Ethiopia was never going to hold sway.

The long silence and the refusal even now to announce measures that might arrest this slaughter mark the lowest point in the big powers' abdication of the "Responsibility to Protect" mandate - adopted, with British leadership, at a summit-level meeting of the security council two years ago. The world's most impoverished people are now being ripped to shreds with no effort whatsoever to get the perpetrators to desist.

A huge campaign must be launched to press western governments to end this slaughter, which is almost entirely the work of those in control of the country. The European Union warned a month ago that war crimes might have been committed in an assault on the capital last month - in which the EU could be complicit because of its large-scale support for those accused of the crimes. Human Rights Watch has documented how Kenya and Ethiopia had turned this region into Africa's own version of Guantánamo Bay, replete with kidnappings, extraordinary renditions, secret prisons and large numbers of "disappeared": a project that carries the Made in America label. Allowing free rein to such comprehensive lawlessness is a stain on all those who might have, at a minimum, curtailed it.

Work must begin to derail the astounding proposal from the United Nations secretary general, Ban Ki-Moon, which is to be discussed by the security council in mid-June. He would like to mount a UN-sanctioned "coalition of the willing" to enforce peace and restore order in Somalia - in other words, the UN would help Ethiopia and the United States achieve what their own illegal military interventions have failed to accomplish: the entrenchment of a client regime that lacks any popular support. Such an operation is unlikely to succeed in any event, but it could further threaten the turbulent Horn of Africa, which is already teetering on the brink of chaos.

The Somali government is busy crying "al-Qaida" at every turn and offering lucrative deals to oil companies, in a bid to entice greater western support. But this war was lost long ago. In turning to the arch enemy Ethiopia, the transitional government's fate was sealed: the nation will not abide an Ethiopian-US occupation.

Only a political solution will resolve this crisis. Africa must step up to the plate and show spine and leadership in a drive to protect its civilians, and work with Europe and the UN to convince the US to swiftly terminate its latest destabilising adventure.

· Salim Lone, who was the spokesman for the UN mission in Iraq after the 2003 invasion, is a columnist for the Daily Nation in Kenya
salimlone@yahoo.com

Thursday, April 26, 2007

Jose Padilla and the Zucchini Prosecution

April 27, 2007

By Mike Whitney

The case against Jose Padilla would be funny if a man’s life hadn’t been ruined in the process---but it has. The Bush administration has leapt from one absurd accusation to the next completely undisturbed by the glaring inconsistencies of their case. The prosecution’s objective is the same now as it was 5 years ago when the Chicago gang-banger was first arrested at O’ Hare Airport as an alleged “dirty bomber”, that is, keep Padilla behind bars for the rest of his life.

The government has no case against Padilla and they know it. He’s merely a lab-rat in their experiment to expand presidential powers. The Washington Post even admitted this in an article earlier this week, “Few Specifics Evident as Padilla Trial Nears” 4-23-07. Padilla had no nuclear material, no plan to attack apartment buildings, and no part in any terrorist conspiracy. It’s all baloney. In 5 years, the government hasn’t produced a shred of evidence that Padilla is guilty of anything.

Nothing—zippo! In fact, according to the Washington Post, the government’s case “lacks anything about the defendant being involved in ANY particular plot in the United States OR ANYWHERE ELSE”.

So, why has this travesty been allowed to continue for so long?

Padilla has been in solitary confinement for the last 5 years. During that time he was drugged, humiliated, and tortured—all of the practices which have become commonplace under Bush. For the first 4 years he was deprived of habeas corpus and legal counsel. During that period, he was never charged with a crime. He was simply declared an “enemy combatant” and stripped of his rights. His arrest has been used to establish the precedent that Bush can arbitrarily imprison American citizens without filing charges. It is the very definition of tyranny.

But this is old news. What’s new is that the media’s coverage of Padilla has grown strangely sympathetic. The Washington Post, which has been one of the strongest backers of Bush’s foreign adventurism, has been considerably less supportive of his attack on civil liberties. The Post criticized the weakness of the government’s case and the woeful lack of evidence connecting Padilla to a crime. The prosecution even admits that the charges are “hard to particularize” and that the defendant cannot be “linked to a particular violent act or terrorist group.” This explains the skepticism of U.S. District Judge Marcia G. Cooke who said (with some irony) that the indictment “is very light on facts”.

Nevertheless, the Padilla case is going forward even though there is no evidence of a crime---just the possibility that Padilla might do something illegal in the future. The parallels to Franz Kafka’s “The Trial” have not been lost on Padilla’s defense team who characterized the government’s case as “the ethereal nature of an alleged conspiracy.”

By “ethereal” we assume they mean hogwash.

The Post does a good job of exposing the flaws in the prosecution’s case, but stops short of saying the charges are baseless and without merit. They know what Bush and his legal team are up to and what extraordinary steps they will take to reach their goal. They are trying to convict a man (and possibly send him to his death) without producing any witnesses or evidence of a crime. If they succeed, Bush will be able to ignore the law and arrest whomever he chooses. That doesn’t mean the outcome of the trial is certain. Far from it. In fact, it’ll be hard to prove Padilla’s guilt with nothing but conjecture and demagoguery.

Presently, the government is charging Padilla as a material witness in a “conspiracy to murder, kidnap and maim”. But they have no proof.

They say that he is part of a “North American support cell that’s part of a vast international movement of foot soldiers, recruiters and financiers who foment violent jihad around the globe.”

Again, there is no of this.

They say that he signed a “mujahideen data form”; an “application form that was recovered from a reputed Al Qaida base.”

Even if Padilla did sign this silly-sounding jihad application, (which is still in doubt) that's guilt by association---it doesn’t prove that he was involved in the commission of a crime.

The prosecution’s case depends on convincing jurors that Padilla was secretly preparing Al Qaida forces for another terrorist attack. They have submitted wiretapped phone conversations which (they believe) implicate him in a conspiracy. But do they? The conversations prove nothing. In fact, they're ridiculous. They are merely recordings of Padilla with some unknown person talking in code about spending “$3500 to buy zucchini”.

“Zucchini”?

Is that it? Is that the government's case? Is it really worth keeping a man behind bars for 5 years and driving him mad because he talks about zucchini on the phone?

What about rhubarb?

Even the Post cannot relay the details of the “The Zucchini Prosecution” without a hint of derision. The Post’s reporter, Peter Whoriskey, mockingly notes that while the government’s case is short on “violent specifics”; it is “rich in atmospherics.”

Indeed. The entire case appears to be built on “atmospherics” rather than facts. The prosecution has no more evidence now than they did when they began this witch-hunt. Federal Prosecutor Brian Frazier admitted as much when he was asked about the vague nature of the charges.

Frazier said they were “hard to particularize” and that they revolve around an “inchoate crime…rather than any completed operation”.

“Inchoate”?

So, Frazier is admitting that the alleged crime was still in its embryonic stages? That it hadn’t yet been committed!?!

Get this: Jose Padilla just spent 5 years in solitary confinement for a crime, which the government now admits, never took place.

The notion that a man can be imprisoned without proof of a crime is “preemptive justice”, which is no justice at all. It denies the “presumption of innocence” and cedes absolute power to the state.

The court needs to put an end to this nonsense and dismiss the case for lack of evidence. This fiasco has gone on long enough. No one should be caged like an animal for half a decade for talking about zucchini on the phone.

Padilla should be released.

Will Gitmo Be with Us Forever?

Tomgram: Karen Greenberg, Will Gitmo Be with Us Forever?

Back in September 2006, I wrote a post, "The Facts on the Ground, Mini-Gulags, Hired Guns, Lobbyists, and a Reality Built on Fear," in which I wondered whether any new administration, any new president would ever be able to take real steps toward ridding our world of the realities created by the Bush administration -- like, for instance, our second "Defense Department," the sprawling, ill-organized, incompetent Department of Homeland Security (and the billions and billions of dollars in "security" interests that have already grown up around it), or the military's unprecedented new North American Command (Northcom). Noting that a little publicized $30-million maximum-security wing at Guantanamo was just then being completed by the U.S. Navy and that the American prison at Bagram Air Base in Afghanistan had also just undergone an upgrade (as more recently has Camp Cropper, one of our two main prisons in Iraq), I wondered whether a future president would even be capable of shutting down Guantanamo, no less our whole secret, offshore Bermuda Triangle of injustice (and the various "extraordinary rendition" operations that go with it).

As that question refused to quit my brain, I finally asked Karen J. Greenberg, Tomdispatch regular, recent visitor to Guantanamo, co-editor of The Torture Papers, and Executive Director of the Center on Law and Security at the NYU School of Law, to give the problem some serious thought. It seemed to me that a president who couldn't, or wouldn't, shut down Guantanamo would be unlikely to do much else that really mattered in our world. Here is her measured response. Any bets on whether it happens? Tom

Can Guantanamo Be Closed?

What a New President Could Do

By Karen J. Greenberg

A surprising number of Americans of note are in agreement. Guantanamo should be closed. The New York Times and the human rights community have, of course, called for it to be shut down, but so has the new Secretary of Defense Robert Gates. So has President Bush. Secretary of State Condoleezza Rice has given indications that she seconds Bush's call. Senator John McCain has said he would close the prison immediately upon becoming president.

On the Democratic side, while John Edwards and Bill Richardson have both called for Guantanamo's closing, the larger field of Democratic candidates has remained curiously silent on the subject. Do they know something we don't? Admittedly, one Democratic Congressman, James Moran of Virginia, has mentioned the possibility of including funds to close Guantanamo in the 2008 Defense Appropriations Bill, but the leading Democratic presidential hopefuls have as yet said very little about Guantanamo.

Perhaps they sense the Pandora's box of conundrums that would be unleashed in any genuine attempt to shut the place down. It's easy enough -- almost a no-brainer -- to say you want to close Guantanamo. After all, along with those photos from Abu Ghraib, the now-infamous extra-legal detention facility in Cuba has made the American government globally synonymous with the revocation of international law, the disregard of U.S. law, and the torture and abuse of prisoners or, as the Bush administration prefers to call them, "unlawful enemy combatants."

Actually closing Gitmo, however, is another matter entirely. The hard part is fleshing out the next thought: How exactly would you go about it? As Secretary of State Rice said recently, "The president would close Guantánamo tomorrow if someone could answer the question: And what will you do with the dangerous people who are there?" Congressman John Murtha has made a similar point: Knowing how to shut down Guantanamo -- given the set of nearly intractable legal knots the Bush administration has tied the prison complex and its detainees up in -- is "not that easy."

Perhaps those Democratic presidential candidates, realizing exactly this, are only waiting for some direction on the subject. So let's do our best to separate the wheat from the chaff and focus on what it would really take to move beyond words to action, when it comes to the most notorious prison complex on planet Earth.

First, let's get clear just what -- and who -- we're talking about. Forget those fourteen "high value" detainees, including Ramsi Binalshibh and Khaled Sheik Mohammed, whom the President suddenly transferred to Guantanamo in September 2006 -- finally, five years late, bringing the "worst of the worst" to the facility (as the administration had promised to do at its opening). These 14 are almost certain to be tried and convicted before this administration leaves office under the much-redesigned, jerry-rigged military commissions process it already has shakily in place.

Let's forget as well the nearly 100 detainees who have been cleared for transfer or release, many of them now in a new category -- "No Longer Enemy Combatants" -- and all of them waiting (and waiting and waiting) for the State Department to find countries willing enough to take them in. Nor are we talking about the 65 to 70 detainees who are considered culpable enough to be tried by some sort of military commission before January 2009.

The real problem -- the conundrum wrapped in an enigma -- comes with another group. At present, there are in Gitmo perhaps 160 detainees (as the public affairs staff at the facility told me), who will most likely never be charged, never be tried, and may nonetheless never be sent home. It's a category without a name, or really any precedent -- a category that all too conveniently defies solution and so keeps Guantanamo in operation.

For all prospective Gitmo closers, then, the question is: What are we going to do with individuals the Bush administration doesn't pretend to have sufficient evidence to try (even under its own deficient military commission process), but who, officials claim, are too full of potentially useful information to release? There are a few ideas floating around out there.

There is the suggestion that we transfer them to military prisons inside the United States. Sen. McCain suggested Fort Leavenworth in Kansas; Congressman Moran has urged military brigs in the five states within the jurisdiction of the extremely conservative 4th Circuit Court of Appeals, which might be likely to look the other way as prisoners are detained on American soil without recourse of any sort for the rest of their lives.

The other choices are stark: Return these detainees to their countries of origin; find an unlikely third country willing to accept them (possibly in return for some kind of financial quid pro quo) and not likely to torture them; or, of course, when all else fails and the obvious alternatives (each of which presents its own set of problems) seem to lead nowhere, leave them where they are -- and leave Gitmo open for business.

So let's try a little harder. How could a new president extricate us from this mess? The next occupant of the White House should start by accepting the following very American principle: Those who are not going to be charged with a crime should be returned to their home country, a third country, or the country where they were initially captured .

Behind this principle lies a reality which must also be accepted. The current Guantanamo debacle has little to do with the rule of law, the Geneva Conventions, or even, for that matter, a realistic assessment of the more pressing terrorist threats to the United States. At its heart of hearts lies a simple fear of political embarrassment.

U.S. officials have consistently held that they are guarding vital national security interests by keeping the never-to-be-charged detainees in custody. However, the sad truth is that, when it comes to most of these prisoners, what's really been at stake is the administration's need to save face by concealing its utter ineptitude. Privately, even Bush administration officials will acknowledge that the detainees were captured and sent to Gitmo capriciously. Rather than housing the "worst of the worst" (as the administration has regularly bragged), Gitmo penned up the easiest to grab, especially in Afghanistan. Often these were simply the individuals that local bounty hunters could provide or who were found on or near the battlefield. Many were put on planes to Guantanamo based on nothing but an American unwillingness to assert with confidence that they would never be a threat to the United States. Instead of masterminds, what the Bush administration netted were cooks, chauffeurs, wanderers, the mentally deranged, and -- sometimes -- children.

When an administration defiantly adverse to ever admitting error decided not to send home those who had been seized by mistake, it set itself a trap that it has been unable to escape to this day. Any presidential candidates who hope not to be similarly trapped might consider the following:

The Bush administration is already releasing the wrongly detained. Detainee by detainee, it has been quietly whittling away at its mistakes, sending home 385 detainees who look no more or less guilty than those remaining in custody.

Releasing all detainees who are not going to be charged restores judgment and the rule of law where irrational fear and a Commander-in-Chief presidency have reigned supreme. When asked to explain the threat posed by such detainees, officials and public relations officers at Guantanamo are quick to name the kind of venomous hate-speech that leaps from the mouths of people imprisoned without hope, under generally horrific conditions, for year upon year. The most notorious example of the supposed dangers posed by these detainees has been the Australian kangaroo skinner and Taliban convert David Hicks, who supposedly threatened to hurt American guards and their families if ever released. But there are undoubtedly plenty of other examples as well. Consistently, Guantanamo officials have acted as if angry words held magical powers, as if talking jihad could make it happen. Unfortunately, Gitmo is, by now, a delusional system in a non-judicial bubble, lacking any calming, rational presence, or anyone who can distinguish between something as simple as an angry rant and serious danger.

It is time to return to a system in which terrorists are tried in courts based on actual evidence. Unless this principle is accepted, Guantanamo won't be closed because there will always be U.S. prisoners who can't be tried and will never be freed.

A corollary to this that must be accepted is: There can be no absolute guarantee that some of the 160 former detainees, once freed and returned, won't commit acts of terror. But in the exponential growth of terrorist threats in recent years, particularly in the wake of the Bush administration's war in Iraq, a few of these small fry simply don't add up to a significant menace. After five years of interrogation, incarceration, and often long periods of isolation, many of them are, in any case, now deemed broken men. If any of them do prove threatening, let them be captured anew and tried for actual acts or plans on any of the many legal grounds available to law enforcement.

To shut Guantanamo, a future president would have to accede to another proposition as well: Those at Gitmo convicted of crimes should serve their sentences in U.S. military prisons on U.S. soil. Opponents insist that this would "endanger" Americans. According to Senator Jim DeMint, "To bring known terrorists, many of whom have killed Americans, to our shores risks the lives of additional Americans and encourages more attacks on our soil." Does Senator DeMint actually believe this? Does he truly consider the U.S. military incapable of keeping convicted prisoners under lock and key? How would a future president weigh such doubts against the giant sigh of relief the world at large would heave when the last door opened on the last cell in Guantanamo?

There is one additional point -- so self-evident that, to date, no one has thought to mention it -- all candidates should agree on: Bring no new prisoners to Guantanamo.

Earlier this year, I spoke with a group of burka-clad Muslim women in London who feared that friends or family members now in custody might be transferred to Guantanamo. I dismissed their comments as outdated and their fears as misplaced.

I assured them that, outside of the 14 high-value detainees, the Bush administration hasn't sent a single new prisoner to Guantanamo since late 2004. But, as it turned out, they knew something I didn't. Last month, a little story appeared in the back pages of some American newspapers. The United States had indeed moved its first new captive to Guantanamo in over two years -- and, according to the Washington buzz, more such detainees can be expected sooner or later, either from a war in Iran or some other "front" in the administration's global counterterrorism offensive.

To sum up: Separate Guantanamo from a new detention policy based on the rule of law.

It would behoove the next president -- and benefit the nation -- to close Guantanamo as a sign of starting anew. It should be the first order of global business for anyone entering the Oval Office. The next order of business should be the formation of a bipartisan commission to help settle national policy on the detention of foreign prisoners in any future anti-terror operations. The sooner this commission is formed, the better.

And here's one final piece of advice: These days it may seem un-American, but perhaps a simple, heartfelt apology to the angry innocents who were held all these years might be in order. More than anything, what Guantanamo needs is an American president with genuine guts, a man or woman who is willing to demonstrate that leadership is about making the hard choices, knowledgeably, openly, and with accountability.

Karen J. Greenberg is the Executive Director of the Center on Law and Security at the NYU School of Law and the editor of The Torture Debate in America and (with Joshua Dratel) The Torture Papers.

Copyright 2007 Karen J. Greenberg