"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘Torture’

On Memorial Day Good Americans Should Mourn First The Millions America Has Slaughtered In Their Names

In Uncategorized on May 27, 2013 at 8:41 pm

https://i0.wp.com/www.ctdoutdooradventures.com/wp-content/uploads/memorialday2013.jpgOldspeak: “Memorial Day has been hijacked, just as our nation has been hijacked, by the investment banks of the Military-Industrial-Complex. Its corporate owned media promotes and hails an indiscriminate celebration of all US wars as heroic. These Memorial Day festive celebrations have become a tradition of praising those of us who followed orders to kill designated enemies unquestioningly in more than a dozen nations since 1945 – and of military commanders, politicians and media anchors solemnly professing gratitude for the supreme sacrifice of those who died as a result.” –Jay Janson

“Another freethinking perspective from a veteran on Memorial Day. One need only observe the near constant exhortations to travel, consume, and celebrate to see how thouroughly contorted, comodified and militarized this originally solemn and sacred day remembering the fallen in the U.S. Civil War has become. The Iraq War was started based on lies. The Vietnam War was started based on lies, the War On Terror was started based on lies…. any number of  other U.S. started wars have been started under false pretenses. None was honorable. They were undertaken to protect the interests of elites and ideologues who have little interest in freedom, liberty and justice for all, but quite a lot in maximizing profits for shareholders. Idealistic, patriotic and brave men were lied to, broken, built up again, programmed to kill enemies of the state without question. The slaughter has been global and the true extent of which largely unknown to most Americans. On this Memorial Day, trade in your barbeques, parties and brews for mourning, contemplation and protest. There is nothing to celebrate about war. Carnage and misery are what are remembered by most of its victims.  We should remember them as well.”

By Jay Janson @ Dissident Voice:

This veteran is waiting for the year in which the Veterans For Peace, in its Memorial Day Press Release, states that Veterans mourn first, the lives America took in poor countries, both the civilian men, women and children and the patriots that fought our illegal and criminal invasions since 1945. Only then should come bitterly mourning GIs who were duped by our elected officials and the CIA and Pentagon fed, corporate-controlled war-promoting media cartel fooling them with lies, misinformation, disinformation and psyop techniques that deceived them into proudly following homicidal criminal orders, for which they are obviously liable for prosecution. Orders given, as Martin Luther King Jr. cried out, “for atrocity wars and covert homicide meant to maintain unjust predatory investments overseas.”1

Your writer’s four buddies from basic training, whose corpses are somewhere in North Korea, would have wanted this kind of a press release. They were normal guys, still kids really. We thought going into the army was just something everyone had to do. They would have been pissed off to see cruelly ignorant Americans praising them on Memorial Day for their sacrifice. Jesus knows they did not want to die for any reason, let alone while killing others for lies. They loved waking up in the morning, loved children, all children, cute Korean children, especially. They were asking themselves, why are we killing Koreans in their own country?

If these four young men knew what I know now, whew! If they could rise up, they would surely be going after those high ranking military with lots of colorful ribbons on their smart uniforms, surrounded by flags and glorifying the US war in Korea and in all the dozens of countries since.

Damn! In 1945, the US Army landed in a Korea that America had recognized as Japanese territory since 1905 and during a forty year brutal occupation, in return for Japan’s acceptance of the US claim to own the Philippines and other islands in Asian waters.2 State Department officials quickly shut down the democratic all-Korea government the Japanese commanding general had allowed Koreans to form, once Japan was defeated. Knowing this Korean government would not be pro-US, they set up in its place, a US Army military government; cut the nation in two and installed a brutal Korean from Washington as President. His special services and secret police would account for massacres totaling up to nearly 200,000 men, women, and their children in the years before the army of North Korea invaded and united the peninsula in five short weeks as the army of the Southern dictator defected or went home. These massacres of communists, socialists, unionists, and people that did not accept the US partition of their country and kept secret by American media have now been fully document by a Truth and Reconciliation Commission set up by the South Korean Congress.3 The US has recently officially apologized for its own massacres of civilians in the South.

North Korea today is the most militarized nation on the planet because it was leveled twice by merciless bombing, threatened with atom bombs, and for sixty-three years has suffered US-arranged international sanctions meant to cripple it, and a continual campaign of slanderous attack in US media and never ending threats from Washington, while twice a year, great war game exercises go on so near its coast that the booms of US naval ships’ cannon and missiles are clearly heard in its capital city. Last month saw the largest naval live-fire exercise in history, reportedly with North Korean flags painted on targets. What else could be the explanation of its leader threatening to hit the US with the few nuclear weapons it has, knowing the America that menaces it has 20,000, and the most powerful armed force in the history of the world. But we have seen ‘the crazy North Korean leader story’ on prime time for a month. Last year right after US-South Korean war games, a South Korea warship was blown in two, probably by a US mine, but what is believed all over the Western media dominated world is that was an old North Korean torpedo. Who knows or cares that the Chinese, the Russian Navy and a Japanese investigation found the accusation not credible, that the US and its UN Secretary General stooge refused to consider a North Korea request for a UN investigation of what it was accused of.4 No, the torpedo story was featured for weeks to justify tighter that ever sanctions and stronger threats than before, and Libya was a frightening example of what may be awaiting it.

If the media features for nine months, weaponized pick-up trucks run by tough looking hombres as peaceful demonstrators against the government of oil wealthy Libya, a nation with a living standard higher than nine European countries, it becomes ‘truth,’ and the liberator of what was the poorest country in Africa, and leader of African Unity against continuing European exploitation, winds up with a blade up his backside, after being cornered by British and French warplanes. No matter the president of Italy told media, “Gadaffi is loved by his people.”

Not until US world hegemony is overthrown, will ordinary people come to know that almost one million Libyans, out of a total country population of six, were desperately demonstrating for their government and leader outside Tripoli as British and French high tech war planes were finishing off their nation’s army.5

Note to US media personalities: Among the generals who were imprisoned or hung after trail at Nuremberg, were five media celebrities.

There are either similar absurd media concocted stories, or no story at all, that excuse US crimes against humanity in the dozens of nations US designated local bad guys have been mass murdered to help a little country out, and protect the American way of life in the US. America is so good to invade and bomb and overthrow violently governments all for the benefit of nearly a billion people.

Greece, Korea, Guatemala, Congo, Laos, Vietnam, Cambodia, Iran, Dominican Republic, Indonesia, Lebanon, Cuba, Somalia, Sudan, Afghanistan, Iraq, Yemen, Pakistan, Serbia/Kosovo, Bosnia, Libya; the list of countries covertly attacked and government overthrown is longer and contains almost every nation in Latin America, many times over if crimes against peace Nuremberg Principle VI are included.

Note that remember, invading little countries was nothing new for the US before World War II – Mexico, Nicaragua, Haiti, Philippines, China, Puerto Rico, Cuba, and more.

Again, this veteran is hoping that the Veterans For Peace Memorial Day Statement Press Release will say that VFP, or at least many if not all VFP, mourn the patriots of US invaded countries that fell fighting against overwhelming odds, and their civilian countrymen and children who also fell in harms way of those US invading forces. To be polite, we mourn them first before mourning our own soldiers who were killed in the line of duty following our government’s criminal orders. Otherwise how can anyone believe VFP condemns the taking of all these millions of lives of poor people overseas in illegal criminal military action; an illegal use of military that Representative from Texas, Congressman and Republican candidate for president, denounced (but did not call for prosecution).

Nothing less than this can possibly dent the usual Memorial Day adulation for dying for what Martin Luther King called “atrocity wars for maintaining unjust predatory investments on three continents.”

Here is what this veteran would have Veterans For Peace to say to Americans on Memorial Day:

Dear Fellow Americans,

No Americans knows more about US Wars than your veterans, who fought alongside buddies who did not make it home alive and will be mourned throughout the nation this weekend.

This Memorial Day 2012, Veterans For Peace is asking their fellow Americans to morn quietly at home. We ask that all sincerely patriotic citizens not take part in military parades and festive open-air observances under flags flying military colors. It anyone asks you why, say you don’t like selective mourning, that is, mourning our dead but not those our soldiers killed.

Memorial Day has been hijacked, just as our nation has been hijacked, by the investment banks of the Military-Industrial-Complex. Its corporate owned media promotes and hails an indiscriminate celebration of all US wars as heroic.

These Memorial Day festive celebrations have become a tradition of praising those of us who followed orders to kill designated enemies unquestioningly in more than a dozen nations since 1945 – and of military commanders, politicians and media anchors solemnly professing gratitude for the supreme sacrifice of those who died as a result.

We, your fellow Americans, who were trained to kill, and later fell in love with the dear people of the countries we were sent to kill, strongly suggest, for the protection of your children, that you tune out network news coverage of Memorial Day.

Corporate owned commercial media, with an unrelenting agenda of deceitful war propaganda has taken the lives of many of your loved ones, luring them into serving a shameful use of military power, while your sons and daughters, in all good faith, sought only to serve their country.

These wars were undeclared and illegal and resulted in the terrible deaths of millions of fellow human beings in their own small and beloved countries – often as not, dying in their very own homes. Last year one of the three present candidates for president firmly denounced these wars as having been illegal, unconstitutional, criminal and a monstrous disaster for America.

Veterans For Peace endorses the Martin-Luther-King-Jr.-Condemened-US-Wars-for-Predatory-Investments-International-Awareness-Campaign. Most members believe Martin Luther King Jr. was shot dead because he would have awakened public responsibility and our capability to make such illegal wars unacceptable and inoperable through non-participation, non-support and conscientious objection. That would have crippled investor profits. King is mourned as a victim of US wars for profit.

Rev. King, was dangerous for the elite investing community that rules the 99% of us. He condemned all US wars and clandestinely organized violence “all around the world “created to maintain “unfair predatory overseas investments.” King had the charisma to have prosecuted successfully what he called atrocity wars and crimes against humanity in the street and in the court of public opinion as he prosecuted successfully racist crimes against humanity at home.

Veterans condemn the Militarization of Memorial Day that originally was a sacred day of mourning the civil war that took loved ones of both sides who once passed to the afterlife are reunited in brotherhood.

Veterans For Peace sincerely wishes everyone a peaceful, loving and contemplative Memorial Day.

The above was a draft submitted to Veterans For Peace upon the request of last year’s Veterans For Peace President, but not published.

Members of the Memorial Day Press Release Drafting Committee should realize, if not worrisome, that there are very few people who believe that Veterans For Peace will bring these wars to an end or intends to do so, even though, logically, those who willing did the killing are the Americans who should most be able to lead their being made unacceptable and eventually inoperable.

Leadership of its largest chapters have even opposed the national office statement of support for the impeachment proposal presented by Rep. Dennis Kucinich and others in the House of Representatives. At the same time former VFP president Elliot Adams was in court after indicting President Obama everyone following his criminal orders at the US Air Force Drone base at Hancock, New York.

I am absolutely convinced eventually a renegade faction of Veterans For Peace will constitute itself, and on a future Memorial Day, publish a Memorial Day press release of its own along going further, and calling for the prosecution of not only the government, but war investors, war promoters in media and clergy and the war crimes committed by military personnel.6
Prosecute our own before our victims unite and prosecute all of us.

  1. See Beyond Vietnam: a Time to Break Silence sermon. []
  2. See Diplomacy That Will Live in Infamy, New York Times, James Bradley, 12/5/2009. See also the Taft-Katsura Agreement. []
  3. Korean Truth and Reconciliation Commission. []
  4. See Independent Media as Mouthpiece for Centers of Power, Dissident Voice. []
  5. See One million libyans marching in tripoli in support of gaddafi “million march” or search for many articles and videos. []
  6. See Prosecute US Crimes Against Humanity Now. []

Jay Janson, spent eight years as Assistant Conductor of the Vietnam Symphony Orchestra in Hanoi and also toured, including with Dan Tai-son, who practiced in a Hanoi bomb shelter. The orchestra was founded by Ho Chi Minh,and it plays most of its concerts in the Opera House, a diminutive copy of the Paris Opera. In 1945, our ally Ho, from a balcony overlooking the large square and flanked by an American Major and a British Colonel, declared Vietnam independent. Everyone in the orchestra lost family, “killed by the Americans” they would mention simply, with Buddhist un-accusing acceptance. Jay can be reached at: tdmedia2000@yahoo.com. Read other articles by Jay.

Advertisements

Obama’s War On The Constitution & Other Misadventures In The Absurd

In Uncategorized on September 2, 2012 at 3:43 pm

Constitution

Oldspeak:” President Obama has not only maintained the position of George W. Bush in the areas of national security and in civil liberties, he’s actually expanded on those positions. He is actually WORSE than George Bush in some areas… President Obama outdid President Bush. He ordered the killing of two US citizens as the primary targets and has then gone forward and put out a policy that allows him to kill any American citizen when he unilaterally determines them to be a terrorist threat. Where President Bush had a citizen killed as collateral damage, President Obama has actually a formal policy allowing him to kill any US citizen.” –Johnathan Turley, Constitutional Law Professor.  Far too many progressives and Obama apologists have given this man a pass on far too many important issues.  He’s claimed unprecedented power to spy on, detain indefinitely and kill anyone (including U.S. citizens) he chooses, anywhere in the world. Continued to authorize the use of torture in a global network of secret prisons Signed treaties that will outsource American jobsSold record numbers of weapons of  death & destruction world-wide. Conducted a war the likes of which has never been seen, on whistleblowers who’ve tried to expose government corruption, crime, fraud, and waste.  Deported historic numbers of AmericansEngaged in a societal-level war on public education. Allowed “Too big to fail” banks to grow BIGGER & financial oligarchs to gain control of a majority of the U.S. economy.   Enacted a “Jobs Bill” that will have the net effect of CUTTING JOBS.  Weakened health and public safety regulationsSigned off on ending a decades old ban on domestic government-sponsored propaganda... The list of outlandishly ridiculous madness this man has had a hand in is frightfully long and far-reaching in its scope. The response from ‘progressives’ and ‘liberals’: Relative silence, ambivalence, even applause in some cases. What we’re seeing is the genius of this illusory “red state/blue state”, “Left/Right” paradigm. When a Demo is in power, the so-called “right-wing” is up in arms. When a Repub is in power, the so-called “left-wing” is railing against government over-reach. The “parties” take turns performing this farce that passes for representative government, enacting their own and each others morally and spiritually bankrupt policies. All the while, status quo is maintained, and the corporatocracy grows stronger on ever more flesh, blood, toil, destruction & fear. It’s getting late early for the people to open their eyes to the fact that their being farmed, like cattle. That their energy is being used to empower a select few.  That their “freedom” is in fact “slavery”.   Here’s hoping the tipping point isn’t far away.

By John Cusack @ Shannyn Moore: Just A Girl From Homer

I wrote this a while back after Romney got the nom. In light of the blizzard of bullshit coming at us in the next few months I thought I would put it out now.

______________

Now that the Republican primary circus is over, I started to think about what it would mean to vote for Obama…

Since mostly we hear from the daily hypocrisies of Mitt and friends, I thought we should examine “our guy” on a few issues with a bit more scrutiny than we hear from the “progressive left”, which seems to be little or none at all.

Instead of scrutiny, the usual arguments in favor of another Obama presidency are made: We must stop fanatics; it would be better than the fanatics—he’s the last line of defense from the corporate barbarians—and of course the Supreme Court. It all makes a terrible kind of sense and I agree completely with Garry Wills who described the Republican primaries as ” a revolting combination of con men & fanatics— “the current primary race has become a demonstration that the Republican party does not deserve serious consideration for public office.”

True enough.

But yet…

… there are certain Rubicon lines, as constitutional law professor Jonathan Turley calls them, that Obama has crossed.

All political questions are not equal no matter how much you pivot. When people die or lose their physical freedom to feed certain economic sectors or ideologies, it becomes a zero sum game for me.

This is not an exercise in bemoaning regrettable policy choices or cheering favorable ones but to ask fundamentally: Who are we? What are we voting for? And what does it mean?

Three markers — the Nobel Prize acceptance speech, the escalation speech at West Point, and the recent speech by Eric Holder — crossed that Rubicon line for me…

Mr. Obama, the Christian president with the Muslim-sounding name, would heed the admonitions of neither religion’s prophets about making war and do what no empire or leader, including Alexander the Great, could do: he would, he assured us “get the job done in Afghanistan.” And so we have our democratic president receiving the Nobel Peace Prize as he sends 30,000 more troops to a ten-year-old conflict in a country that’s been war-torn for 5,000 years.

Why? We’ll never fully know. Instead, we got a speech that was stone bullshit and an insult to the very idea of peace.

We can’t have it both ways. Hope means endless war? Obama has metaphorically pushed all in with the usual international and institutional killers; and in the case of war and peace, literally.

To sum it up: more war. So thousands die or are maimed; generations of families and veterans are damaged beyond imagination; sons and daughters come home in rubber bags. But he and his satellites get their four more years.

The AfPak War is more H. G. Wells than Orwell, with people blindly letting each other get fed to the barons of Wall Street and the Pentagon, themselves playing the part of the Pashtuns. The paradox is simple: he got elected on his anti-war stance during a perfect storm of the economic meltdown and McCain saying the worst thing at the worst time as we stared into the abyss. Obama beat Clinton on “I’m against the war and she is for it.” It was simple then, when he needed it to be.

Under Obama do we continue to call the thousands of mercenaries in Afghanistan “general contractors” now that Bush is gone? No, we don’t talk about them… not a story anymore.

Do we prosecute felonies like torture or spying on Americans? No, time to “move on”…

Now chaos is the norm and though the chaos is complicated, the answer is still simple. We can’t afford this morally, financially, or physically. Or in a language the financial community can digest: the wars are ideologically and spiritually bankrupt. No need to get a score from the CBO.

Drones bomb Pakistani villages across the border at an unprecedented rate. Is it legal? Does anyone care? “It begs the question,” as Daniel Berrigan asks us, “is this one a “good war” or a “dumb war”? But the question betrays the bias: it is all the same. It’s all madness.”

One is forced to asked the question: Is the President just another Ivy League Asshole shredding civil liberties and due process and sending people to die in some shithole for purely political reasons?

There will be a historical record. “Change we can believe in” is not using the other guys’ mob to clean up your own tracks while continuing to feed at the trough. Human nature is human nature, and when people find out they’re being hustled, they will seek revenge, sooner or later, and it will be ugly and savage.

In a country with desperation growing everywhere, everyday — despite the “Oh, things are getting better” press releases — how could one think otherwise?

Just think about the economic crisis we are in as a country. It could never happen, they said. The American middle class was rock solid. The American dream, home ownership, education, the opportunity to get a good job if you applied yourself… and on and on. Yeah, what happened to that? It’s gone.

The next question must be: “What happened to our civil liberties, to our due process, which are the foundation of any notion of real democracy?” The chickens haven’t come home to roost for the majority but the foundation has been set and the Constitution gutted.

Brian McFadden’s cartoon says it all.

Here’s the transcript of the telephone interview I conducted with Turley.

JONATHAN TURLEY: Hi John.

CUSACK: Hello. Okay, hey I was just thinking about all this stuff and thought maybe we’d see what we can do to bring civil liberties and these issues back into the debate for the next couple of months …

TURLEY: I think that’s great.

CUSACK: So, I don’t know how you can believe in the Constitution and violate it that much.

TURLEY: Yeah.

CUSACK: I would just love to know your take as an expert on these things. And then maybe we can speak to whatever you think his motivations would be, and not speak to them in the way that we want to armchair-quarterback like the pundits do about “the game inside the game,” but only do it because it would speak to the arguments that are being used by the left to excuse it. For example, maybe their argument that there are things you can’t know, and it’s a dangerous world out there, or why do you think a constitutional law professor would throw out due process?

TURLEY: Well, there’s a misconception about Barack Obama as a former constitutional law professor. First of all, there are plenty of professors who are “legal relativists.” They tend to view legal principles as relative to whatever they’re trying to achieve. I would certainly put President Obama in the relativist category. Ironically, he shares that distinction with George W. Bush. They both tended to view the law as a means to a particular end — as opposed to the end itself. That’s the fundamental distinction among law professors. Law professors like Obama tend to view the law as one means to an end, and others, like myself, tend to view it as the end itself.

Truth be known President Obama has never been particularly driven by principle. Right after his election, I wrote a column in a few days warning people that even though I voted for Obama, he was not what people were describing him to be. I saw him in the Senate. I saw him in Chicago.

CUSACK: Yeah, so did I.

TURLEY: He was never motivated that much by principle. What he’s motivated by are programs. And to that extent, I like his programs more than Bush’s programs, but Bush and Obama are very much alike when it comes to principles. They simply do not fight for the abstract principles and view them as something quite relative to what they’re trying to accomplish. Thus privacy yields to immunity for telecommunications companies and due process yields to tribunals for terrorism suspects.

CUSACK: Churchill said, “The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist.” That wasn’t Eugene Debs speaking — that was Winston Churchill.

And if he takes an oath before God to uphold the Constitution, and yet he decides it’s not politically expedient for him to deal with due process or spying on citizens and has his Attorney General justify murdering US citizens — and then adds a signing statement saying, “Well, I’m not going to do anything with this stuff because I’m a good guy.”– one would think we would have to define this as a much graver threat than good or bad policy choices- correct?

TURLEY: Well, first of all, there’s a great desire of many people to relieve themselves of the obligation to vote on principle. It’s a classic rationalization that liberals have been known to use recently, but not just liberals. The Republican and Democratic parties have accomplished an amazing feat with the red state/blue state paradigm. They’ve convinced everyone that regardless of how bad they are, the other guy is worse. So even with 11 percent of the public supporting Congress most incumbents will be returned to Congress. They have so structured and defined the question that people no longer look at the actual principles and instead vote on this false dichotomy.

Now, belief in human rights law and civil liberties leads one to the uncomfortable conclusion that President Obama has violated his oath to uphold the Constitution. But that’s not the primary question for voters. It is less about him than it is them. They have an obligation to cast their vote in a principled fashion. It is, in my opinion, no excuse to vote for someone who has violated core constitutional rights and civil liberties simply because you believe the other side is no better. You cannot pretend that your vote does not constitute at least a tacit approval of the policies of the candidate.

This is nothing new, of course for civil libertarians who have always been left behind at the altar in elections. We’ve always been the bridesmaid, never the bride. We’re used to politicians lying to us. And President Obama lied to us. There’s no way around that. He promised various things and promptly abandoned those principles.

So the argument that Romney is no better or worse does not excuse the obligation of a voter. With President Obama they have a president who went to the CIA soon after he was elected and promised CIA employees that they would not be investigated or prosecuted for torture, even though he admitted that waterboarding was torture.

CUSACK: I remember when we were working with Arianna at The Huffington Post and we thought, well, has anyone asked whether waterboarding is torture? Has anyone asked Eric Holder that? And so Arianna had Sam Seder ask him that at a press conference, and then he had to admit that it was. And then the next question, of course, was, well, if it is a crime, are you going to prosecute the law? But, of course, it wasn’t politically expedient to do so, right? That’s inherent in their non-answer and inaction?

TURLEY: That’s right.

CUSACK: Have you ever heard a more specious argument than “It’s time for us all to move on?” When did the Attorney General or the President have the option to enforce the law?

TURLEY: Well, that’s the key question that nobody wants to ask. We have a treaty, actually a number of treaties, that obligate us to investigate and prosecute torture. We pushed through those treaties because we wanted to make clear that no matter what the expediency of the moment, no matter whether it was convenient or inconvenient, all nations had to agree to investigate and prosecute torture and other war crimes.

And the whole reason for putting this in the treaties was to do precisely the opposite of what the Obama administration has done. That is, in these treaties they say that it is not a defense that prosecution would be inconvenient or unpopular. But that’s exactly what President Obama said when he announced, “I won’t allow the prosecution of torture because I want us to look to the future and not the past.” That is simply a rhetorical flourish to hide the obvious point: “I don’t want the inconvenience and the unpopularity that would come with enforcing this treaty.”

CUSACK: Right. So, in that sense, the Bush administration had set the precedent that the state can do anything it likes in the name of terror, and not only has Obama let that cement harden, but he’s actually expanded the power of the executive branch to do whatever it wants, or he’s lowered the bar — he’s lowered the law — to meet his convenience. He’s lowered the law to meet his personal political convenience rather than leaving it as something that, as Mario Cuomo said, the law is supposed to be better than us.

TURLEY: That’s exactly right. In fact, President Obama has not only maintained the position of George W. Bush in the area of national securities and in civil liberties, he’s actually expanded on those positions. He is actually worse than George Bush in some areas.

CUSACK: Can you speak to which ones?

TURLEY: Well, a good example of it is that President Bush ordered the killing of an American citizen when he approved a drone strike on a car in Yemen that he knew contained an American citizen as a passenger. Many of us at the time said, “You just effectively ordered the death of an American citizen in order to kill someone else, and where exactly do you have that authority?” But they made an argument that because the citizen wasn’t the primary target, he was just collateral damage. And there are many that believe that that is a plausible argument.

CUSACK: By the way, we’re forgetting to kill even a foreign citizen is against the law. I hate to be so quaint…

TURLEY: Well, President Obama outdid President Bush. He ordered the killing of two US citizens as the primary targets and has then gone forward and put out a policy that allows him to kill any American citizen when he unilaterally determines them to be a terrorist threat. Where President Bush had a citizen killed as collateral damage, President Obama has actually a formal policy allowing him to kill any US citizen.

CUSACK: But yet the speech that Eric Holder gave was greeted generally, by those others than civil libertarians and a few people on the left with some intellectual honesty, with polite applause and a stunning silence and then more cocktail parties and state dinners and dignitaries, back the Republican Hypocrisy Hour on the evening feed — and he basically gave a speech saying that the executive can assassinate US citizens.

TURLEY: That was the truly other-worldly moment of the speech. He went to, Northwestern Law School (my alma mater), and stood there and articulated the most authoritarian policy that a government can have: the right to unilaterally kill its citizens without any court order or review. The response from the audience was applause. Citizens applauding an Attorney General who just described how the President was claiming the right to kill any of them on his sole inherent authority.

CUSACK: Does that order have to come directly from Obama, or can his underlings carry that out on his behalf as part of a generalized understanding? Or does he have to personally say, “You can get that guy and that guy?”

TURLEY: Well, he has delegated the authority to the so-called death panel, which is, of course, hilarious, since the Republicans keep talking about a nonexistent death panel in national healthcare. We actually do have a death panel, and it’s killing people who are healthy.

CUSACK: I think you just gave me the idea for my next film. And the tone will be, of course, Kafkaesque.

TURLEY: It really is.

CUSACK: You’re at the bottom of the barrel when the Attorney General is saying that not only can you hold people in prison for no charge without due process, but we can kill the citizens that “we” deem terrorists. But “we” won’t do it cause we’re the good guys remember?

TURLEY: Well, the way that this works is you have this unseen panel. Of course, their proceedings are completely secret. The people who are put on the hit list are not informed, obviously.

CUSACK: That’s just not polite, is it?

TURLEY: No, it’s not. The first time you’re informed that you’re on this list is when your car explodes, and that doesn’t allow much time for due process. But the thing about the Obama administration is that it is far more premeditated and sophisticated in claiming authoritarian powers. Bush tended to shoot from the hip — he tended to do these things largely on the edges. In contrast, Obama has openly embraced these powers and created formal measures, an actual process for killing US citizens. He has used the terminology of the law to seek to legitimate an extrajudicial killing.

CUSACK: Yeah, bringing the law down to meet his political realism, his constitutional realism, which is that the Constitution is just a means to an end politically for him, so if it’s inconvenient for him to deal with due process or if it’s inconvenient for him to deal with torture, well, then why should he do that? He’s a busy man. The Constitution is just another document to be used in a political fashion, right?

TURLEY: Indeed. I heard from people in the administration after I wrote a column a couple weeks ago about the assassination policy. And they basically said, “Look, you’re not giving us our due. Holder said in the speech that we are following a constitutional analysis. And we have standards that we apply.” It is an incredibly seductive argument, but there is an incredible intellectual disconnect. Whatever they are doing, it can’t be called a constitutional process.

Obama has asserted the right to kill any citizen that he believes is a terrorist. He is not bound by this panel that only exists as an extension of his claimed inherent absolute authority. He can ignore them. He can circumvent them. In the end, with or without a panel, a president is unilaterally killing a US citizen. This is exactly what the framers of the Constitution told us not to do.

CUSACK: The framers didn’t say, “In special cases, do what you like. When there are things the public cannot know for their own good, when it’s extra-specially a dangerous world… do whatever you want.” The framers of the Constitution always knew there would be extraordinary circumstances, and they were accounted for in the Constitution. The Constitution does not allow for the executive to redefine the Constitution when it will be politically easier for him to get things done.

TURLEY: No. And it’s preposterous to argue that.

CUSACK: When does it become — criminal?

TURLEY: Well, the framers knew what it was like to have sovereigns kill citizens without due process. They did it all the time back in the 18th century. They wrote a constitution specifically to bar unilateral authority.

James Madison is often quoted for his observation that if all men were angels, no government would be necessary. And what he was saying is that you have to create a system of law that has checks and balances so that even imperfect human beings are restrained from doing much harm. Madison and other framers did not want to rely on the promises of good motivations or good intents from the government. They created a system where no branch had enough authority to govern alone — a system of shared and balanced powers.

So what Obama’s doing is to rewrite the most fundamental principle of the US Constitution. The whole point of the Holder speech was that we’re really good guys who take this seriously, and you can trust us. That’s exactly the argument the framers rejected, the “trust me” principle of government. You’ll notice when Romney was asked about this, he said, “I would’ve signed the same law, because I trust Obama to do the right thing.” They’re both using the very argument that the framers warned citizens never to accept from their government.

CUSACK: So basically, it comes down to, again, just political expediency and aesthetics. So as long as we have friendly aesthetics and likable people, we can do whatever we want. Who cares what the policy is or the implications for the future.

TURLEY: The greatest problem is what it has done to us and what our relative silence signifies. Liberals and civil libertarians have lost their own credibility, their own moral standing, with the support of President Obama. For many civil libertarians it is impossible to vote for someone who has blocked the prosecution of war crimes. That’s where you cross the Rubicon for most civil libertarians. That was a turning point for many who simply cannot to vote for someone who is accused of that type of violation.

Under international law, shielding people from war-crime prosecutions is itself a form of war crime. They’re both violations of international law. Notably, when the Spanish moved to investigate our torture program, we now know that the Obama administration threatened the Spanish courts and the Spanish government that they better not enforce the treaty against the US This was a real threat to the Administration because these treaties allow other nations to step forward when another nation refuses to uphold the treaty. If a government does not investigate and prosecute its own accused war criminals, then other countries have the right to do so. That rule was, again, of our own creation. With other leading national we have long asserted the right to prosecute people in other countries who are shielded or protected by their own countries.

CUSACK: Didn’t Spain pull somebody out of Chile under that?

TURLEY: Yeah, Pinochet.

CUSACK: Yeah, also our guy…

TURLEY: The great irony of all this is that we’re the architect of that international process. We’re the one that always pushed for the position that no government could block war crimes prosecution.

But that’s not all. The Obama administration has also outdone the Bush administration in other areas. For example, one of the most important international principles to come out of World War II was the rejection of the “just following orders” defense. We were the country that led the world in saying that defendants brought before Nuremberg could not base their defense on the fact that they were just following orders. After Nuremberg, there were decades of development of this principle. It’s a very important point, because that defense, if it is allowed, would shield most people accused of torture and war crime. So when the Obama administration –

CUSACK: That also parallels into the idea that the National Defense Authorization Act is using its powers not only to put a chilling effect on whistleblowers, but to also make it illegal for whistleblowers to bring the truth out. Am I right on that, or is that an overstatement?

TURLEY: Well, the biggest problem is that when the administration was fishing around for some way to justify not doing the right thing and not prosecuting torture, they finally released a document that said that CIA personnel and even some DOJ lawyers were “just following orders,” but particularly CIA personnel.

The reason Obama promised them that none of them would be prosecuted is he said that they were just following the orders of higher authority in the government. That position gutted Nuremberg. Many lawyers around the world are upset because the US under the Obama administration has torn the heart out of Nuremberg. Just think of the implications: other countries that are accused of torture can shield their people and say, “Yeah, this guy was a torturer. This guy ordered a war crime. But they were all just following orders. And the guy that gave them the order, he’s dead.” It is the classic defense of war criminals. Now it is a viable defense again because of the Obama administration.

CUSACK: Yeah.

TURLEY: Certainly part of the problem is how the news media –

CUSACK: Oscar Wilde said most journalists would fall under the category of those who couldn’t tell the difference between a bicycle accident and the end of civilization. But why is it that all the journalists that you see mostly on MSNBC or most of the progressives, or so-called progressives, who believe that under Bush and Cheney and Ashcroft and Alberto Gonzalez these were great and grave constitutional crises, the wars were an ongoing moral fiasco — but now, since we have a friendly face in the White House, someone with kind of pleasing aesthetics and some new policies we like, now all of a sudden these aren’t crimes, there’s no crisis. Because he’s our guy? Go, team, go?

TURLEY: Some in the media have certainly fallen into this cult of personality.

CUSACK: What would you say to those people? I always thought the duty of a citizen, and even more so as a journalist, had greatly to do with the idea that intellectual honesty was much more important than political loyalty. How would you compare Alberto Gonzalez to Eric Holder?

TURLEY: Oh, Eric Holder is smarter than Gonzalez, but I see no other difference in terms of how they’ve conducted themselves. Both of these men are highly political. Holder was accused of being improperly political during his time in the Clinton administration. When he was up for Attorney General, he had to promise the Senate that he would not repeat some of the mistakes he made in the Clinton administration over things like the pardon scandal, where he was accused of being more politically than legally motivated.

In this town, Holder is viewed as much more of a political than a legal figure, and the same thing with Gonzalez. Bush and Obama both selected Attorney Generals who would do what they wanted them to do, who would enable them by saying that no principles stood in the way of what they wanted to do. More importantly, that there were no principles requiring them to do something they didn’t want to do, like investigate torture.

CUSACK: So would you say this assassination issue, or the speech and the clause in the NDAA and this signing statement that was attached, was equivalent to John Yoo’s torture document?

TURLEY: Oh, I think it’s amazing. It is astonishing the dishonesty that preceded and followed its passage. Before passage, the administration told the public that the president was upset about the lack of an exception for citizens and that he was ready to veto the bill if there was a lack of such an exception. Then, in an unguarded moment, Senator Levin was speaking to another Democratic senator who was objecting to the fact that citizens could be assassinated under this provision, and Levin said, “I don’t know if my colleague is aware that the exception language was removed at the request of the White House.” Many of us just fell out of our chairs. It was a relatively rare moment on the Senate floor, unguarded and unscripted.

CUSACK: And finally simple.

TURLEY: Yes. So we were basically lied to. I think that the administration was really caught unprepared by that rare moment of honesty, and that led ultimately to his pledge not to use the power to assassinate against citizens. But that pledge is meaningless. Having a president say, “I won’t use a power given to me” is the most dangerous of assurances, because a promise is not worth anything.

CUSACK: Yeah, I would say it’s the coldest comfort there is.

TURLEY: Yes. This brings us back to the media and the failure to strip away the rhetoric around these policies. It was certainly easier in the Bush administration, because you had more clown-like figures like Alberto Gonzalez. The problem is that the media has tended to get thinner and thinner in terms of analysis. The best example is that about the use of the term “coerced or enhanced interrogation.” I often stop reporters when they use these terms in questions. I say, “I’m not too sure what you mean, because waterboarding is not enhanced interrogation.” That was a myth put out by the Bush administration. Virtually no one in the field used that term, because courts in the United States and around the world consistently said that waterboarding’s torture. Holder admitted that waterboarding’s torture. Obama admitted that waterboarding is torture. Even members of the Bush administration ultimately admitted that waterboarding’s torture. The Bush Administration pushed this term to get reporters to drop the word torture and it worked. They are still using the term.

Look at the articles and the coverage. They uniformly say “enhanced interrogation.” Why? Because it’s easier. They want to avoid the controversy. Because if they say “torture,” it makes the story much more difficult. If you say, “Today the Senate was looking into a program to torture detainees,” there’s a requirement that you get a little more into the fact that we’re not supposed to be torturing people.

CUSACK: So, from a civil liberties perspective, ravens are circling the White House, even though there’s a friendly man in it.

TURLEY: Yeah.

CUSACK: I hate to speak too much to motivation, but why do you think MSNBC and other so-called centrist or left outlets won’t bring up any of these things? These issues were broadcast and reported on nightly when John Ashcroft and Alberto Gonzalez and Bush were in office.

TURLEY: Well, there is no question that some at MSNBC have backed away from these issues, although occasionally you’ll see people talk about –

CUSACK: I think that’s being kind, don’t you? More like “abandoned.”

TURLEY: Yeah. The civil liberties perspective is rarely given more than a passing reference while national security concerns are explored in depth. Fox is viewed as protective of Bush while MSNBC is viewed as protective of Obama. But both presidents are guilty of the same violations. There are relatively few journalists willing to pursue these questions aggressively and objectively, particularly on television. And so the result is that the public is hearing a script written by the government that downplays these principles. They don’t hear the word “torture.”

They hear “enhanced interrogation.” They don’t hear much about the treaties. They don’t hear about the international condemnation of the United States. Most Americans are unaware of how far we have moved away from Nuremberg and core principles of international law.

CUSACK: So the surreal Holder speech — how could it be that no one would be reporting on that? How could it be that has gone by with not a bang but a whimper?

TURLEY: Well, you know, part of it, John, I think, is that this administration is very clever. First of all, they clearly made the decision right after the election to tack heavily to the right on national security issues. We know that by the people they put on the National Security Council. They went and got very hardcore folks — people who are quite unpopular with civil libertarians. Not surprisingly we almost immediately started to hear things like the pledge not to prosecute CIA officials and other Bush policies being continued.

Many reporters buy into these escape clauses that the administration gives them, this is where I think the administration is quite clever. From a legal perspective, the Holder speech should have been exposed as perfect nonsense. If you’re a constitutional scholar, what he was talking about is facially ridiculous, because he was saying that we do have a constitutional process–it’s just self-imposed, and we’re the only ones who can review it. They created a process of their own and then pledged to remain faithful to it.

While that should be a transparent and absurd position, it gave an out for journalists to say, “Well, you know, the administration’s promising that there is a process, it’s just not the court process.” That’s what is so clever, and why the Obama administration has been far more successful than the Bush administration in rolling back core rights. The Bush administration would basically say, “We just vaporized a citizen in a car with a terrorist, and we’re not sorry for it.”

CUSACK: Well, yeah, the Bush administration basically said, “We may have committed a crime, but we’re the government, so what the fuck are you going to do about it?” Right? —and the Obama administration is saying, “We’re going to set this all in cement, expand the power of the executive, and pass the buck to the next guy.” Is that it?

TURLEY: It’s the same type of argument when people used to say when they caught a criminal and hung him from a tree after a perfunctory five-minute trial. In those days, there was an attempt to pretend that they are really not a lynch mob, they were following a legal process of their making and their satisfaction. It’s just… it’s expedited. Well, in some ways, the administration is arguing the same thing. They’re saying, “Yes, we do believe that we can kill any US citizen, but we’re going to talk amongst ourselves about this, and we’re not going to do it until we’re satisfied that this guy is guilty.”

CUSACK: Me and the nameless death panel.

TURLEY: Again, the death panel is ludicrous. The power that they’ve defined derives from the president’s role as Commander in Chief. So this panel –

CUSACK: They’re falling back on executive privilege, the same as Nixon and Bush.

TURLEY: Right, it’s an extension of the president. He could just ignore it. It’s not like they have any power that exceeds his own.

CUSACK: So the death panel serves at the pleasure of the king, is what you’re saying.

TURLEY: Yes, and it gives him cover so that they can claim that they’re doing something legal when they’re doing something extra-legal.

CUSACK: Well, illegal, right?

TURLEY: Right. Outside the law.

CUSACK: So when does it get to a point where if you abdicate duty, it is in and of itself a crime? Obama is essentially creating a constitutional crisis not by committing crimes but by abdicating his oath that he swore before God — is that not a crime?

TURLEY: Well, he is violating international law over things like his promise to protect CIA officials from any prosecution for torture. That’s a direct violation, which makes our country as a whole doubly guilty for alleged war crimes. I know many of the people in the administration. Some of us were quite close. And they’re very smart people. I think that they also realize how far outside the lines they are. That’s the reason they are trying to draft up these policies to give the appearance of the law. It’s like a Potemkin village constructed as a façade for people to pass through –

CUSACK: They want to have a legal patina.

TURLEY: Right, and so they create this Potemkin village using names. You certainly can put the name “due process” on a drone missile, but it’s not delivering due process.

CUSACK: Yeah. And what about — well, we haven’t even gotten into the expansion of the privatization movement of the military “contractors” under George Bush or the escalation of drone strikes. I mean, who are they killing? Is it legal? Does anyone care — have we just given up as a country, saying that the Congress can declare war?

TURLEY: We appear to be in a sort of a free-fall. We have what used to be called an “imperial presidency.”

CUSACK: Obama is far more of an imperial president than Bush in many ways, wouldn’t you say?

TURLEY: Oh, President Obama has created an imperial presidency that would have made Richard Nixon blush. It is unbelievable.

CUSACK: And to say these things, most of the liberal community or the progressive community would say, “Turley and Cusack have lost their minds. What do they want? They want Mitt Romney to come in?”

TURLEY: The question is, “What has all of your relativistic voting and support done for you?” That is, certainly there are many people who believe –

CUSACK: Well, some of the people will say the bread-and-butter issues, “I got healthcare coverage, I got expanded healthcare coverage.”

TURLEY: See, that’s what I find really interesting. When I talk to people who support the administration, they usually agree with me that torture is a war crime and that the administration has blocked the investigation of alleged war crimes.

Then I ask them, “Then, morally, are you comfortable with saying, ‘I know the administration is concealing war crimes, but they’re really good on healthcare?'” That is what it comes down to.

The question for people to struggle with is how we ever hope to regain our moral standing and our high ground unless citizens are prepared to say, “Enough.” And this is really the election where that might actually carry some weight — if people said, “Enough. We’re not going to blindly support the president and be played anymore according to this blue state/red state paradigm. We’re going to reconstruct instead of replicate. It might not even be a reinvented Democratic Party in the end that is a viable option. Civil libertarians are going to stand apart so that people like Nancy Pelosi and Barack Obama and others know that there are certain Rubicon issues that you cannot cross, and one of them happens to be civil liberty.

CUSACK: Yeah, because most people reading this will sort of say, “Okay, this is all fine and good, but I’ve got to get to work and I’ve got stuff to do and I don’t know what these fucking guys are talking about. I don’t really care.”

So let’s paint a scenario. My nephew, Miles, decides that he wants to grow dreadlocks, and he also decides he’s falling in love with the religion of Islam. And he changes his name. Instead of his name being Miles, he changes his name to a Muslim-sounding name.

He goes to Washington, and he goes to the wrong organization or meeting, let’s say, and he goes to an Occupy Washington protest. He’s out there next to someone with a speaker, and a car bomb explodes. He didn’t set it off, and he didn’t do anything. The government can throw him in prison and never try him, right?

TURLEY: Well, first of all, that’s a very good question.

CUSACK: How do we illustrate the danger to normal people of these massive overreaches and radical changes to the Constitution that started under bush and have expanded under Obama?

TURLEY: I mean, first of all, I know Miles, and –

CUSACK: Yes.

TURLEY: –and he is a little dangerous.

CUSACK: Yes.

TURLEY: I played basketball with him and you and I would describe him as a clear and present danger.

CUSACK: I mean, and I know Eric Holder and Obama won’t throw him in prison because they’re nice guys, but let’s say that they’re out of office.

TURLEY: Right, and the problem is that there is no guarantee. It has become almost Fellini-esque. Holder made the announcement a couple of years ago that they would try some defendants in a federal court while reserving military tribunals for others. The speech started out on the high ground, saying, “We have to believe in our federal courts and our Constitution. We’ve tried terrorists before, and therefore we’re transferring these individuals to federal court.”

Then he said, “But we’re going to transfer these other individuals to Guantanamo Bay.” What was missing was any type of principle. You have Obama doing the same thing that George Bush did — sitting there like Caesar and saying, “You get a real trial and you get a fake trial.” He sent Zacarias Moussaoui to a federal court and then he threw Jose Padilla, who happened to be a US citizen, into the Navy brig and held him without trial.

Yet, Obama and Holder publicly assert that they’re somehow making a civil liberties point, and say, “We’re very proud of the fact that we have the courage to hold these people for a real trial, except for those people. Those people are going to get a tribunal.” And what happened after that was remarkable. If you read the press accounts, the press actually credits the administration with doing the right thing. Most of them pushed into the last paragraph the fact that all they did was split the people on the table, and half got a real trial and half got a fake trial.

CUSACK: In the same way, the demonization, whether rightful demonization, of Osama Bin Laden was so intense that people were thrilled that he was assassinated instead of brought to trial and tried. And I thought, if the Nuremberg principles were right, the idea would be that you’d want to take this guy and put him on trial in front of the entire world, and, actually, if you were going to put him to death, you’d put him to death by lethal injection.

TURLEY: You’ll recall reports came out that the Seals were told to kill Osama, and then reports came out to say that Osama might not have been armed when the Seals came in. The strong indication was that this was a hit.

CUSACK: Yeah.

TURLEY: The accounts suggest that this was an assassination from the beginning to the end, and that was largely brushed over in the media. There was never really any discussion of whether it was appropriate or even a good idea not to capture this guy and to bring him to justice.

The other thing that was not discussed in most newspapers and programs was the fact that we violated international law. Pakistan insisted that they never approved our going into Pakistan. Think about it — if the government of Mexico sent in Mexican special forces into San Diego and captured a Mexican national, or maybe even an American citizen, and then killed him, could you imagine what the outcry would be?

CUSACK: Or somebody from a Middle Eastern country who had their kids blown up by Mr. Cheney’s and Bush’s wars came in and decided they were going to take out Cheney–not take him back to try him, but actually just come in and assassinate him.

TURLEY: Yet we didn’t even have that debate. And I think that goes to your point, John, about where’s the media?

CUSACK: But, see, that’s a very tough principle to take, because everybody feels so rightfully loathsome about Bin Laden, right? But principles are not meant to be convenient, right? The Constitution is not meant to be convenient. If they can catch Adolf Eichmann and put him on trial, why not bin Laden? The principles are what separate us from the beasts.

I think the best answer I ever heard about this stuff, besides sitting around a kitchen table with you and your father and my father, was I heard somebody, they asked Mario Cuomo, “You don’t support the death penalty…? Would you for someone who raped your wife?” And Cuomo blinked, and he looked at him, and he said, “What would I do? Well, I’d take a baseball bat and I’d bash his skull in… But I don’t matter. The law is better than me. The law is supposed to be better than me. That’s the whole point.”

TURLEY: Right. It is one thing if the president argued that there was no opportunity to capture bin Laden because he was in a moving car, for example. And then some people could say, “Well, they took him out because there was no way they could use anything but a missile.” What’s missing in the debate is that it was quickly brushed over whether we had the ability to capture bin Laden.

CUSACK: Well, it gets to [the late] Raiders owner Al Davis’ justice, which is basically, “Just win, baby.” And that’s where we are. The Constitution was framed by Al Davis. I never knew that.

And the sad part for me is that all the conversations and these interpretations and these conveniences, if they had followed the Constitution, and if they had been strict in terms of their interpretations, it wouldn’t matter one bit in effectively handling the war on terror or protecting Americans, because there wasn’t anything extra accomplished materially in taking these extra leaps, other than to make it easier for them to play cowboy and not cede national security to the Republicans politically. Bin Laden was basically ineffective. And our overseas intel people were already all over these guys.

It doesn’t really matter. The only thing that’s been hurt here has been us and the Constitution and any moral high ground we used to have. Because Obama and Holder are good guys, it’s okay. But what happens when the not-so-good guys come in, does MSNBC really want to cede and grandfather these powers to Gingrich or Romney or Ryan or Santorum or whomever — and then we’re sitting around looking at each other, like how did this happen? — the same way we look around now and say, “How the hell did the middle of America lose the American dream? How is all of this stuff happening at the same time?” And it gets back to lack of principle.

TURLEY: I think that’s right. Remember the articles during the torture debate? I kept on getting calls from reporters saying, “Well, you know, the administration has come out with an interesting statement. They said that it appears that they might’ve gotten something positive from torturing these people.” Yet you’ve had other officials say that they got garbage, which is what you often get from torture…

CUSACK: So the argument being that if we can get good information, we should torture?

TURLEY: Exactly. Yeah, that’s what I ask them. I say, “So, first of all, let’s remember, torture is a war crime. So what you’re saying is — ”

CUSACK: Well, war crimes… war crimes are effective.

TURLEY: The thing that amazes me is that you have smart people like reporters who buy so readily into this. I truly believe that they’re earnest when they say this.

Of course you ask them “Well, does that mean that the Nuremberg principles don’t apply as long as you can show some productive use?” We have treaty provisions that expressly rule out justifying torture on the basis that it was used to gain useful information.

CUSACK: Look, I mean, enforced slave labor has some productive use. You get great productivity, you get great output from that shit. You’re not measuring the principle against the potential outcome; that’s a bad business model. “Just win, baby” — we’re supposed to be above that.

TURLEY: But, you know, I’ll give you an example. I had one of the leading investigative journalists email me after one of my columns blasting the administration on the assassin list, and this is someone I deeply respect. He’s one of the true great investigative reporters. He objected to the fact that my column said that under the Obama policy he could kill US citizens not just abroad, but could kill them in the United States. And he said, “You know, I agree with everything in your column except that.” He said, “You know, they’ve never said that they could kill someone in the United States. I think that you are exaggerating.”

Yet, if you look at how they define the power, it is based on the mere perceived practicality and necessity of legal process by the president. They say the President has unilateral power to assassinate a citizen that he believes is a terrorist. Now, is the limiting principle? They argue that they do this “constitutional analysis,” and they only kill a citizen when it’s not practical to arrest the person.

CUSACK: Is that with the death panel?

TURLEY: Well, yeah, he’s talking about the death panel. Yet, he can ignore the death panel. But, more importantly, what does practicality mean? It all comes down to an unchecked presidential power.

CUSACK: By the way, the death panel — that room can’t be a fun room to go into, just make the decision on your own. You know, it’s probably a gloomy place, the death panel room, so the argument from the reporter was, “Look, they can… if they kill people in England or Paris that’s okay, but they — “

TURLEY: I also don’t understand, why would it make sense that you could kill a US citizen on the streets of London but you might not be able to kill them on the streets of Las Vegas? The question is where the limiting principle comes from or is that just simply one more of these self-imposed rules? And that’s what they really are saying: we have these self-imposed rules that we’re only going to do this when we think we have to.

CUSACK: So, if somebody can use the contra-Nuremberg argument — that principle’s now been flipped, that they were only following orders — does that mean that the person that issued the order through Obama, or the President himself, is responsible and can be brought up on a war crime charge?

TURLEY: Well, under international law, Obama is subject to international law in terms of ordering any defined war crime.

CUSACK: Would he have to give his Nobel Peace Prize back?

TURLEY: I don’t think that thing’s going back. I’ve got to tell you… and given the amount of authority he’s claimed, I don’t know if anyone would have the guts to ask for it back.

CUSACK: And the argument people are going to use is,”Look, Obama and Holder are good guys. They’re not going to use this power.” But the point is, what about after them? What about the apparatchiks? You’ve unleashed the beast. And precedent is everything constitutionally, isn’t it?

TURLEY: I think that’s right. Basically what they’re arguing is, “We’re angels,” and that’s exactly what Madison warned against. As we discussed, he said if all men were angels you wouldn’t need government. And what the administration is saying is, “We’re angels, so trust us.”

I think that what is really telling is the disconnect between what people say about our country and what our country has become. What we’ve lost under Bush and Obama is clarity. In the “war on terror” what we’ve lost is what we need the most in fighting terrorism: clarity. We need the clarity of being better than the people that we are fighting against. Instead, we’ve given propagandists in Al Qaeda or the Taliban an endless supply of material — allowing them to denounce us as hypocrites.

Soon after 9/11 we started government officials talk about how the US Constitution is making us weaker, how we can’t function by giving people due process. And it was perfectly ridiculous.

CUSACK: Feels more grotesque than ridiculous.

TURLEY: Yeah, all the reports that came out after 9/11 showed that 9/11 could’ve been avoided. For years people argued that we should have locked reinforced cockpit doors. For years people talked about the gaps in security at airports. We had the intelligence services that had the intelligence that they needed to move against this ring, and they didn’t share the information. So we have this long list of failures by US agencies, and the result was that we increased their budget and gave them more unchecked authority.

In the end, we have to be as good as we claim. We can’t just talk a good game. If you look at this country in terms of what we’ve done, we have violated the Nuremberg principles, we have violated international treaties, we have refused to accept–

CUSACK: And you’re not just talking about in the Bush administration. You’re talking about –

TURLEY: The Obama administration.

CUSACK: You’re talking about right now.

TURLEY: We have refused to accept the jurisdictional authority of sovereign countries. We now routinely kill in other countries. It is American exceptionalism – the rules apply to other countries.

CUSACK: Well, these drone attacks in Pakistan, are they legal? Does anyone care? Who are we killing? Do they deserve due process?

TURLEY: When we cross the border, Americans disregard the fact that Pakistan is a sovereign nation, let alone an ally, and they insist that they have not agreed to these operations. They have accused us of repeatedly killing people in their country by violating their sovereign airspace. And we just disregard it. Again, its American exceptionalism, that we –

CUSACK: Get out of our way or we’ll pulverize you.

TURLEY: The rules apply to everyone else. So the treaties against torture and war crimes, sovereign integrity –

CUSACK: And this also speaks to the question that nobody even bothers to ask: what exactly are we doing in Afghanistan now? Why are we there?

TURLEY: Oh, yeah, that’s the real tragedy.

CUSACK: It has the highest recorded suicide rate among veterans in history and no one even bothers to state a pretense of a definable mission or goal. It appears we’re there because it’s not convenient for him to really get out before the election. So in that sense he’s another guy who’s letting people die in some shithole for purely political reasons. I mean, it is what it is.

TURLEY: I’m afraid, it is a political calculation. What I find amazing is that we’re supporting an unbelievably corrupt government in the Karzai administration.

Karzai himself, just two days ago, called Americans “demons.” He previously said that he wished he had gone with the Taliban rather than the Americans. And, more importantly, his government recently announced that women are worth less than men, and he has started to implement these religious edicts that are subjugating women. So he has American women who are protecting his life while he’s on television telling people that women are worth less than men, and we’re funding –

CUSACK: What are they, about three-fifths?

TURLEY: Yeah, he wasn’t very specific on that point. So we’re spending hundreds of billions of dollars. More importantly, we’re losing all these lives because it was simply politically inconvenient to be able to pull out of Afghanistan and Iraq.

CUSACK: Yeah. And, I mean, we haven’t even touched on the whole privatization of the military and what that means. What does it mean for the state to be funding at-cost-plus private mercenary armies and private mercenary security forces like Blackwater, or now their names are Xe, or whatever they’ve been rebranded as?

TURLEY: Well, the United States has barred various international rules because they would allow for the prosecution of war crimes by both military and private forces. The US barred those new rules because we didn’t want the ability of other countries to prosecute our people for war crimes. One of the things I teach in my constitutional class is that there is a need for what’s called a bright-line rule. That is, the value for bright-line rules is that they structure relations between the branches, between the government and citizens. Bright-line rules protect freedom and liberty. Those people that try to eliminate bright-line rules quickly find themselves on a slippery slope. The Obama administration, with the Bush administration, began by denying rights to people at Guantanamo Bay.

And then they started to deny rights of foreigners who they accused of being terrorists. And eventually, just recently, they started denying rights to citizens and saying that they could kill citizens without any court order or review. It is the fulfillment of what is the nightmare of civil liberties. They crossed that bright line. Now they’re bringing these same abuses to US citizens and changing how we relate to our government. In the end, we have this huge apparatus of the legal system, this huge court system, and all of it has become discretionary because the president can go ahead and kill US citizens if he feels that it’s simply inconvenient or impractical to bring them to justice.

CUSACK: Or if the great O, decides that he wants to be lenient and just throw them in jail for the rest of their life without trial, he can do that, right?

TURLEY: Well, you’ve got Guantanamo Bay if you’re accused of being an enemy combatant. There is the concept in law that the lesser is included in the greater.

So if the president can kill me when I’m in London, then the lesser of that greater is that he could also hold me, presumably, without having any court involvement. It’d be a little bizarre that he could kill me but if he held me he’d have to turn me over to the court system.

CUSACK: Yeah. We’re getting into kind of Kafka territory. You know, with Bush I always felt like you were at one of those rides in an amusement park where the floor kept dropping and you kept kind of falling. But I think what Obama’s done is we’ve really hit the bottom as far as civil liberties go.

TURLEY: Yet people have greeted this erosion of civil liberties with this collective yawn.

CUSACK: Yeah, yeah. And so then it gets down to the question, “Well, are you going to vote for Obama?” And I say, “Well, I don’t really know. I couldn’t really vote for Hillary Clinton because of her Iraq War vote.” Because I felt like that was a line, a Rubicon line –

TURLEY: Right.

CUSACK: — a Rubicon line that I couldn’t cross, right? I don’t know how to bring myself to vote for a constitutional law professor, or even a constitutional realist, who throws away due process and claims the authority that the executive branch can assassinate American citizens. I just don’t know if I can bring myself to do it.

If you want to make a protest vote against Romney, go ahead, but I would think we’d be better putting our energies into local and state politics — occupy Wall Street and organizations and movements outside the system, not national politics, not personalities. Not stadium rock politics. Not brands. That’s the only thing I can think of. What would you say?

TURLEY: Well, the question, I think, that people have got to ask themselves when they get into that booth is not what Obama has become, but what have we become? That is, what’s left of our values if we vote for a person that we believe has shielded war crimes or violated due process or implemented authoritarian powers. It’s not enough to say, “Yeah, he did all those things, but I really like what he did with the National Park System.”

CUSACK: Yeah, or that he did a good job with the auto bailout.

TURLEY: Right. I think that people have to accept that they own this decision, that they can walk away. I realize that this is a tough decision for people but maybe, if enough people walked away, we could finally galvanize people into action to make serious changes. We have to recognize that our political system is fundamentally broken, it’s unresponsive. Only 11 percent of the public supports Congress, and yet nothing is changing — and so the question becomes, how do you jumpstart that system? How do you create an alternative? What we have learned from past elections is that you don’t create an alternative by yielding to this false dichotomy that only reinforces their monopoly on power.

CUSACK: I think that even Howard Zinn/Chomsky progressives, would admit that there will be a difference in domestic policy between Obama and a Romney presidency.

But DUE PROCESS….I think about how we own it. We own it. Everybody’s sort of let it slip. There’s no immediacy in the day-to-day on and it’s just one of those things that unless they… when they start pulling kids off the street, like they did in Argentina a few years ago and other places, all of a sudden, it’s like, “How the hell did that happen?” I say, “Look, you’re not helping Obama by enabling him. If you want to help him, hold his feet to the fire.”

TURLEY: Exactly.

CUSACK: The problem is, as I see it, is that regardless of goodwill and intent and people being tired of the status quo and everything else, the information outlets and the powers that be reconstruct or construct the government narrative only as an election game of ‘us versus them,’ Obama versus Romney, and if you do anything that will compromise that equation, you are picking one side versus the other. Because don’t you realize that’s going to hurt Obama? Don’t you know that’s going to help Obama? Don’t you know… and they’re not thinking through their own sort of self-interest or the community’s interest in just changing the way that this whole thing works to the benefit of the majority. We used to have some lines we wouldn’t cross–some people who said this is not what this country does …we don’t do this shit, you had to do the right thing. So it’s going to be a tough process getting our rights back, but you know Frankie’s Law? Whoever stops fighting first – loses.

TURLEY: Right.

Also see Jason Leopold’s December 2011 report: Obama’s “Twisted Version of American Exceptionalism” Laid Bare

America’s Disappeared

In Uncategorized on July 20, 2011 at 4:01 pm

Oldspeak:’With liberty and justice for all”? Not. Never has been. We Americans have rewritten our laws…to make criminal behavior legal….the national drive against ‘terror’ in the United States became an excuse to subvert the legal system, instill fear and passivity in the populace, and form a vast underground prison system populated with torturers and interrogators, as well as government officials and lawyers who operate beyond the rule of law. Torture, prolonged detention without trial, sexual humiliation, rape, disappearance, extortion, looting, random murder and abuse have become…part of our own subterranean world of detention sites and torture centers…Obama has no intention of restoring the rule of law. He not only refuses to prosecute flagrant war crimes, but has immunized those who orchestrated, led and carried out the torture. At the same time he has dramatically increased war crimes, including drone strikes in Pakistan. He continues to preside over hundreds of the offshore penal colonies, where abuse and torture remain common. He is complicit with the killers and the torturers.”-Chirs Hedges

By Chris Hedges @ Truthdig:

Dr. Silvia Quintela was “disappeared” by the death squads in Argentina in 1977 when she was four months pregnant with her first child. She reportedly was kept alive at a military base until she gave birth to her son and then, like other victims of the military junta, most probably was drugged, stripped naked, chained to other unconscious victims and piled onto a cargo plane that was part of the “death flights” that disposed of the estimated 20,000 disappeared. The military planes with their inert human cargo would fly over the Atlantic at night and the chained bodies would be pushed out the door into the ocean. Quintela, who had worked as a doctor in the city’s slums, was 28 when she was murdered.

A military doctor, Maj. Norberto Atilio Bianco, who was extradited Friday from Paraguay to Argentina for baby trafficking, is alleged to have seized Quintela’s infant son along with dozens, perhaps hundreds, of other babies. The children were handed to military families for adoption. Bianco, who was the head of the clandestine maternity unit that functioned during the Dirty War in the military hospital of Campo de Mayo, was reported by eyewitnesses to have personally carried the babies out of the military hospital. He also kept one of the infants. Argentina on Thursday convicted retired Gen. Hector Gamen and former Col. Hugo Pascarelli of committing crimes against humanity at the “El Vesubio” prison, where 2,500 people were tortured in 1976-1978. They were sentenced to life in prison. Since revoking an amnesty law in 2005 designed to protect the military, Argentina has prosecuted 807 for crimes against humanity, although only 212 people have been sentenced. It has been, for those of us who lived in Argentina during the military dictatorship, a painfully slow march toward justice.

Most of the disappeared in Argentina were not armed radicals but labor leaders, community organizers, leftist intellectuals, student activists and those who happened to be in the wrong spot at the wrong time. Few had any connection with armed campaigns of resistance. Indeed, by the time of the 1976 Argentine coup, the armed guerrilla groups, such as the Montoneros, had largely been wiped out. These radical groups, like al-Qaida in its campaign against the United States, never posed an existential threat to the regime, but the national drive against terror in both Argentina and the United States became an excuse to subvert the legal system, instill fear and passivity in the populace, and form a vast underground prison system populated with torturers and interrogators, as well as government officials and lawyers who operated beyond the rule of law. Torture, prolonged detention without trial, sexual humiliation, rape, disappearance, extortion, looting, random murder and abuse have become, as in Argentina during the Dirty War, part of our own subterranean world of detention sites and torture centers.

We Americans have rewritten our laws, as the Argentines did, to make criminal behavior legal. John Rizzo, the former acting general counsel for the CIA, approved drone attacks that have killed hundreds of people, many of them civilians in Pakistan, although we are not at war with Pakistan. Rizzo has admitted that he signed off on so-called enhanced interrogation techniques. He told Newsweekthat the CIA operated “a hit list.” He asked in the interview: “How many law professors have signed off on a death warrant?” Rizzo, in moral terms, is no different from the deported Argentine doctor Bianco, and this is why lawyers in Britain and Pakistan are calling for his extradition to Pakistan to face charges of murder. Let us hope they succeed.

We know of at least 100 detainees who died during interrogations at our “black sites,” many of them succumbing to the blows and mistreatment of our interrogators. There are probably many, many more whose fate has never been made public. Tens of thousands of Muslim men have passed through our clandestine detention centers without due process. “We tortured people unmercifully,” admittedretired Gen. Barry McCaffrey. “We probably murdered dozens of them …, both the armed forces and the C.I.A.”

The bodies of many of these victims have never been returned to their families. They disappeared. Anonymous death is the cruelest form of death. There is no closure for the living. There is no way for survivors to fix the end of a life with a time, a ritual and a place. The atrocity is compounded by the atrocity committed against memory. This sacrilege gnaws at survivors. Regimes use clandestine torture centers, murder and anonymous death to keep subject populations off balance, agitated and disturbed. It fuels the collective insanity. The ability of the state to “disappear” people into black sites, hold them for years without charges and carry out torture ensures that soon these techniques will become a routine part of domestic control.

Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them awayin the dead of night as if they were enemy combatants. Habeas corpus no longer exists. American citizens can “legally” be assassinated. Illegal abductions, known euphemistically as “extraordinary rendition,” are a staple of the war on terror. Secret evidence makes it impossible for the accused and their lawyers to see the charges against them. All this was experienced by the Argentines. Domestic violence, whether in the form of social unrest, riots or another catastrophic terrorist attack on American soil, would, I fear, see the brutal tools of empire cemented into place in the homeland. At that point we would embark on our own version of the Dirty War.

Marguerite Feitlowitz writes in “The Lexicon of Terror”of the experiences of one Argentine prisoner, a physicist named Mario Villani. The collapse of the moral universe of the torturers is displayed when, between torture sessions, the guards take Villani and a few pregnant women prisoners to an amusement park. They make them ride the kiddie train and then take them to a cafe for a beer. A guard, whose nom de guerre is Blood, brings his 6- or 7-year-old daughter into the detention facility to meet Villani and other prisoners. A few years later, Villani runs into one of his principal torturers, a sadist known in the camps as Julian the Turk. Julian recommends that Villani go see another of his former prisoners to ask for a job. The way torture became routine, part of daily work, numbed the torturers to their own crimes. They saw it as a job. Years later they expected their victims to view it with the same twisted logic.

Human Rights Watch, in a new report, “Getting Away With Torture: The Bush Administration and Mistreatment of Detainees,” declared there is “overwhelming evidence of torture by the Bush administration.” President Barack Obama, the report went on, is obliged “to order a criminal investigation into allegations of detainee abuse authorized by former President George W. Bush and other senior officials.”

But Obama has no intention of restoring the rule of law. He not only refuses to prosecute flagrant war crimes, but has immunized those who orchestrated, led and carried out the torture. At the same time he has dramatically increased war crimes, including drone strikes in Pakistan. He continues to preside over hundreds of the offshore penal colonies, where abuse and torture remain common. He is complicit with the killers and the torturers.

The only way the rule of law will be restored, if it is restored, is piece by piece, extradition by extradition, trial by trial. Bush, Dick Cheney, Donald Rumsfeld, former CIA Director George Tenet, Condoleezza Rice and John Ashcroft will, if we return to the rule of law, face trial. The lawyers who made legal what under international and domestic law is illegal, including not only Rizzo but Alberto Gonzales, Jay Bybee, David Addington, William J. Haynes and John Yoo, will, if we are to dig our way out of this morass, be disbarred and prosecuted. Our senior military leaders, including Gen. David Petraeus, who oversaw death squads in Iraq and widespread torture in clandestine prisons, will be lined up in a courtroom, as were the generals in Argentina, and made to answer for these crimes. This is the only route back. If it happens it will happen because a few courageous souls such as the attorney and president of the Center for Constitutional Rights, Michael Ratner, are trying to make it happen. It will take time—a lot of time; the crimes committed by Bianco and the two former officers sent to prison this month are nearly four decades old. If it does not happen, then we will continue to descend into a terrifying, dystopian police state where our guards will, on a whim, haul us out of our cells to an amusement park and make us ride, numb and bewildered, on the kiddie train, before the next round of torture.

Chris Hedges is a weekly Truthdig columnist and a fellow at The Nation Institute. His newest book is “The World As It Is: Dispatches on the Myth of Human Progress.”


China: The New Bin Laden

In Uncategorized on May 12, 2011 at 12:13 pm

Oldspeak: “The endless war machine needs a new “Enemy Of The People”. But this is not a smart move. U.S. officials calling China on its human rights violations and absence of democracy is nice and all, but utter hypocrisy based on a morally bankrupt position. It opens the U.S. to criticism of its own shameful record on human rights and abrogation of democracy. China holds 2 trillion in U.S. debt, a million man army, nuclear weapons, and a solid alliance with Russia. Leaving aside the fact that the U.S. Military is overextended and bogged down in 4 wars… “War is Peace”. –George Orwell

By Paul Craig Roberts @ InfoWars:

George Orwell, the pen name by which Eric Blair is known, had the gift of prophecy, or else blind luck. In 1949 in his novel, 1984, he described the Amerika of today and, I fear, also his native Great Britain, which is no longer great and follows Washington, licking the jackboot and submitting to Washington’s hegemony over England and Europe and exhausting itself financially and morally in order to support Amerikan hegemony over the rest of the world.

In Orwell’s prophecy, Big Brother’s government rules over unquestioning people, incapable of independent thought, who are constantly spied upon. In 1949 there was no Internet, Facebook, twitter, GPS, etc. Big Brother’s spying was done through cameras and microphones in public areas, as in England today, and through television equipped with surveillance devices in homes. As everyone thought what the government intended for them to think, it was easy to identify the few who had suspicions.

Fear and war were used to keep everyone in line, but not even Orwell anticipated Homeland Security feeling up the genitals of air travelers and shopping center customers. Every day in people’s lives, there came over the TV the Two Minutes of Hate. An image of Emmanuel Goldstein, a propaganda creation of the Ministry of Truth, who is designated as Oceania’s Number One Enemy, appeared on the screen. Goldstein was the non-existent “enemy of the state” whose non-existent organization, “The Brotherhood,” was Oceania’s terrorist enemy. The Goldstein Threat justified the “Homeland Security” that violated all known Rights of Englishmen and kept Oceania’s subjects “safe.”

Since 9/11, with some diversions into Sheik Mohammed and Mohamed Atta, the two rivals to bin Laden as the “Mastermind of 9/11,” Osama bin Laden has played the 21st century roll of Emmanuel Goldstein. Now that the Obama Regime has announced the murder of the modern-day Goldstein, a new demon must be constructed before Oceania’s wars run out of justifications.

Hillary Clinton, the low-grade moron who is US Secretary of State, is  busy at work making China the new enemy of Oceania. China is Amerika’s largest creditor, but this did not inhibit the idiot Hilary from, this week in front of high Chinese officials, denouncing China for “human rights violations” and for the absence of democracy.

While Hilary was enjoying her rant and displaying unspeakable Amerkan hypocrisy, Homeland Security thugs had organized local police and sheriffs in a small town that is the home of Western Illinois University and set upon peaceful students who were enjoying their annual street party. There was no rioting, no property damage, but the riot police or Homeland Security SWAT teams showed up with sound cannons, gassed the students and beat them. http://www.youtube.com/watch?v=ufKv-5t0t4E

Indeed, if anyone pays any attention to what is happening in Amerika today, a militarized police and Homeland Security are destroying constitutional rights of peaceful assembly, protest, and free speech.

For practical purposes, the U.S. Constitution no longer exists. The police can beat, taser, abuse, and falsely arrest American citizens and experience no adverse consequences.

The executive branch of the federal government, to whom we used to look to protect us from abuses at the state and local level, acquired the right under the Bush regime to ignore both US and international law, along with the US Constitution and the constitutional powers of Congress and the judiciary. As long as there is a “state of war,” such as the open-ended “war on terror,” the executive branch is higher than the law and is unaccountable to law. Amerika is not a democracy, but a country ruled by an executive branch Caesar.

Hillary, of course, like the rest of the U.S. Government, is scared by the recent International Monetary Fund (IMF) report that China will be the most powerful economy in five years.

Just as the military/security complex pressured President John F. Kennedy to start a war with the Soviet Union over the Cuban missile crisis while the US still had the nuclear advantage, Hillary is now moving China into the role of Emmanuel Goldstein. Hate has to be mobilized, before Washington can move the ignorant patriotic masses to war.

How can Oceania continue if the declared enemy, Osama bin Laden, is dead. Big Brother must immediately invent another “enemy of the people.”

But Hillary, being a total idiot, has chosen a country that has other than military weapons. While the Amerikans support “dissidents” in China, who are sufficiently stupid to believe that democracy exists in Amerika, the insulted Chinese government sits on $2 trillion in US dollar-denominated assets that can be dumped, thus destroying the US dollar’s exchange value and the dollar as reserve currency, the main source of US power.

Hillary, in an unprecedented act of hypocrisy, denounced China for “human rights violations.” This from a country that has violated the human rights of millions of victims in our own time in Iraq, Afghanistan, Pakistan, Yemen, Libya, Somalia, Abu Ghraib, Guantanamo, secret CIA prisons dotted all over the planet, in US courts of law, and in the arrests and seizure of documents of American war protestors. There is no worst violator of human rights on the planet than the US government, and the world knows it.

The hubris and arrogance of US policymakers, and the lies that they inculcate in the American public, have exposed Washington to war with the most populous country on earth, a country that has a military alliance with Russia, which has sufficient nuclear weapons to wipe out all life on earth. The scared idiots in Washington are desperate to set up China as the new Osama bin Laden, the figure of two minutes of hate every news hour, so that the World’s Only Superpower can take out the Chinese before they surpass the US as the Number One Power.

No country on earth has a less responsible government and a less accountable government than the Americans. However, Americans will defend their own oppression, and that of the world, to the bitter end.

Dr. Paul Craig Roberts is the father of Reaganomics and the former head of policy at the Department of Treasury. He is a columnist and was previously an editor for the Wall Street Journal. His latest book, “How the Economy Was Lost: The War of the Worlds,” details why America is disintegrating.

Osama’s No Martyr, But The Man Prevailed

In Uncategorized on May 4, 2011 at 11:35 am

Oldspeak: Amid the cacophony of maniacal bloodlustful cheering and back patting over the latest pronouncement of Bin Ladin’s death, one has to wonder, what exactly has the U.S. won? Hundreds of ‘thousands of lives lost, loss of credibility, loss of legitimacy, and a significant erosion of power’ – Walden Bello. Since 9/11, perpetually expanding “defense”, “intelligence”, and “Homeland Security” establishments have helped to explode U.S. debt, and eaten up precious resources that could be used for education, health care, infrastructure, social programs, job creation, green energy research & development and countless other things that don’t involve death and destruction. By choosing the violent unilateral reactionary response to those heinous attacks instead of the legal, diplomatic pursuit of justice, the U.S. played right into Bin Laden’s hands. 10 years later, having forfeited the high ground, financially, morally and spiritually bankrupt, islamophobic, civil liberties abridged, enveloped in perpetual fear, spying on its citizens, indefinitely detaining and torturing “terrorists” worldwide,  (which has in turn created exponentially more enemies) engaged in perpetual and debilitating war ; the U.S. is a shell of its former self. So no, justice has not finally been served. Justice has been betrayed.

By Walden Bello @ Foreign Policy In Focus:

Osama bin Laden is no martyr. He is certainly no Che Guevara, whose fate at the hands of the Central Intelligence Agency was strikingly similar to his. But one cannot escape the fact that he succeeded in unleashing a chain of events that led to his nemesis, the United States, becoming a diminished power compared to what it was in the halcyon days of unilateralism at the end of the last century. In the duel between Washington and Osama, the latter was, at the time of his death, far ahead on points.

Soon after the United States went to war against the Taliban in pursuit of Osama in October 2001, I penned a widely published analysis that at the time provoked controversy. However, it anticipated the course of the titanic struggle between a global power and a determined fanatic over the next decade.  I am reprinting part of that essay below.

Bin Laden’s Game

In the aftermath of the September 11 assault, a number of writers wrote about the possibility that that move could have been a bait to get the United States bogged down in a war of intervention in the Middle East that would inflame the Muslim world against it. Whether or not that was indeed bin Laden’s strategic objective, the U.S. bombing of Afghanistan has created precisely such a situation…

The global support that U.S. President George Bush has flaunted is deceptive. Of course, a lot of governments would express their support for the UN Security Council’s call for a global campaign against terrorism. Far fewer countries, however, are actually actively cooperating in intelligence and police surveillance activities. Even fewer have endorsed the military campaign and opened up their territory to transit by U.S. planes on the way to Southwest Asia. And when one gets down to the decisive test of offering troops and weapons to fight alongside the British and the Americans in the harsh plains and icy mountains of Afghanistan, one is down to the hardcore of the Western Cold War alliance.

Bin Laden’s terrorist methods are despicable, but one must grant the devil his due. Whether through study or practice, he has absorbed the lessons of guerilla warfare in a national, Afghan setting and translated it to a global setting. Serving as the international correlate of the national popular base is the youth of the global Muslim community, among whom feelings of resentment against Western domination were a volatile mix that was simply waiting to be ignited.

The September 11 attacks were horrific and heinous, but from one angle, what were they except a variant of Che Guevara’s “foco” theory? According to Guevara, the aim of a bold guerilla action is twofold: to demoralize the enemy and to empower your popular base by getting them to participate in an action that shows that the all-powerful government is indeed vulnerable. The enemy is then provoked into a military response that further saps his credibility in what is basically a political and ideological battle. For bin Laden, terrorism is not the end but a means to an end. And that end is something that none of Bush’s rhetoric about defending civilization through revenge bombing can compete with: a vision of Muslim Asia rid of American economic and military power, Israel, and corrupt surrogate elites, and returned to justice and Islamic sanctity.

Yet Washington was not exactly without weapons in this ideological war. In the aftermath of September 11, it could have responded in a way that could have blunted bin Laden’s political and ideological appeal and opened up a new era in US-Arab relations.

First, it could have foresworn unilateral military action and announced to the world that it would go the legal route in pursuing justice, no matter how long this took. It could have announced its pursuit of a process combining patient multinational investigation, diplomacy, and the employment of accepted international mechanisms like the International Court of Justice (ICJ).

These methods may take time but they work, and they ensure that justice and fairness are served. For instance, patient diplomacy secured the extradition from Libya of suspects in the 1988 bombing of a Pan Am jumbo jet over Lockerbie, Scotland, and their successful prosecution under an especially constituted court in the Hague. Likewise, the International Criminal Tribunal for former Yugoslavia, set up under the auspices of the ICJ, has successfully prosecuted some wartime Croat and Serbian terrorists and is currently prosecuting former Serbian strongman Slobodan Milosevic, though of course much remains to be done.

The second prong of a progressive U.S. response could have been Washington’s announcing a fundamental change in its policies in the Middle East, the main points of which would be the withdrawal of troops from Saudi Arabia, the ending of sanctions and military action against Iraq, decisive support for the immediate establishment of a Palestinian state, and ordering Israel to immediately refrain from attacks on Palestinian communities.

Foreign policy realists will say that this strategy is impossible to sell to the American people, but they have been wrong before. Had the United States taken this route, instead of taking the law–as usual–in its own hands, it could have emerged as an example of a great power showing restraint and paved the way to a new era of relations among people and nations. The instincts of a unilateral, imperial past, however, have prevailed, and they have now run rampage to such an extent that, even on the home front, the rights of dissent and democratic diversity that have been one of the powerful ideological attractions of U.S. society are fundamentally threatened by the draconian legislation being pushed by law-and-order types…that are taking advantage of the current crisis to push through their pre-September 11 authoritarian agendas.

As things now stand, Washington has painted itself into a no-win situation.

If it kills bin Laden, he becomes a martyr, a source of never-ending inspiration, especially to young Muslims.

If it captures him alive, freeing him will become a massive focus of resistance that will prevent the imposition of capital punishment without triggering massive revolts throughout the Islamic world.

If it fails to kill or capture him, he will secure an aura of invincibility, as somebody favored by God, and whose cause is therefore just…

September 11 was an unspeakable crime against humanity, but the U.S. response has converted the equation in many people’s minds into a war between vision and power, righteousness and might, and, perverse as this may sound, spirit versus matter. You won’t get this from CNN and The New York Times, but Washington has stumbled into bin Laden’s preferred terrain of battle.

Lessons Not Learned

I take no credit for the originality of the thoughts expressed in this ten-year-old essay. Many others who had studied the history of insurgent movements and imperial responses could have written the same thing then and anticipated the general thrust of events over the next decade.  Unfortunately for the world, hegemonic powers never, never learn from history, and Washington did stumble into Osama’s preferred terrain, with all the consequences of this move motivated by imperial hubris: thousands of lives lost, loss of credibility, loss of legitimacy, and a significant erosion of power.

Foreign Policy In Focus columnist Walden Bello is a member of the House of Representatives of the Philippines and a senior analyst of the Bangkok-based institute Focus on the Global South.

President Obama Heckled At San Francisco Fundraiser By Democratic Activists Wanting Change

In Uncategorized on April 22, 2011 at 1:47 pm

Democratic Hecklers At Obama Fundraiser in San Francisco

Oldspeak: “It’s about GOTDAMN time. President Obama has finally been made aware, to his face, in public, by the people who helped elect him that they are not happy. 4 wars, guantanamo still open, authorizing indefinite detention/assassination of  U.S. citizens, worldwide “black site” torture network still active,  austerity measures, dirty energy policy, weak health care and financial policy, extention and expansion of Bush era policies, etc etc are not the change the people who elected him believe in…. Alas, I fear it’ll barely make a dent in the Presidents Unreality Bubble thanks to the horde of corprocrats he’s “chosen” to surround himself with. But that doesn’t mean the people should stop making our voices heard. It means they have to make our voices heard LOUDER….”
By Rachel Rose Hartman @ Yahoo News:
As President Obama addressed the crowd at a breakfast fundraiser in San Francisco Thursday, he fielded some audience input that he wasn’t bargaining for.

A woman in the crowd suddenly rose from her seat and said: “Mr. President, we wrote you a song,” according to the White House pool report. The president attempted to quiet her, but the woman and her table of donors at the St. Regis Hotel breakfast broke into song and raised signs that read “Free Bradley Manning”–the Army intelligence specialist accused of releasing diplomatic cables to WikiLeaks. Yesterday, it was reported that Manning had been moved to a less restrictive prison following pressure from human rights groups.

The protesters said they had spent $5,000 donating to Obama. “We’ll vote for you in 2012, yes that’s true. Look at the Republicans–what else can we do?” they reportedly chanted.

“We paid our dues. Where’s our change?” they sang.

You can watch a clip of the protesters below, via the San Francisco Chronicle:

As the protesters sang, the pool report notes that Obama turned to Minority Leader Nancy Pelosi, who represents San Francisco, to ask if she was responsible for the interruption. “Nancy, did you do this?” he reportedly asked. Her look said she did not, according to the report.

The woman who first addressed the president was escorted out of the room and Obama told the crowd “that was a nice song.”

He quickly resumed his speech.

Adam Martin reports for Atlantic Wire that the song lyrics can be found on the website for Fresh Juice, a group that offers money in exchange for video of people singing its songs in public. “Fresh Juice appears to be linked to Courage to Resist, an activist group that supports members of the military who go against U.S. war efforts,” Martin wrote.


ACLU Report: Obama Enshrining Bush-Era Torture Policies

In Uncategorized on August 17, 2010 at 10:58 am

Oldspeak: “More examples of Obama doing exactly the opposite of what he pledged to do before elected.  Torture and rendition programs still active, extrajudicial hit squads now authorized to kill Americans, anyone, can be detained anywhere in the world and remanded to secret prisons indefinitely, civil rights have been eroded to unprecedented levels. At this rate the campaign tagline in 2012 will have to be “No You Can’t!”

From Deborah Weinstein @ Truthout:

For disillusioned Obama supporters, the ACLU’s July report “Establishing the New Normal” is not a heartening read.

After being voted into office on promises that included undoing abuses carried out under the Bush administration – promises to protect privacy, to end government-sanctioned torture and rendition programs and to end the use of military commissions for non-enemy combatants – President Obama’s administration is proving it is far easier to toe the line than buck a trend.

According to a report by the ACLU, the current White House has not just failed to meaningfully follow through on its promises, but has also taken abusive policies, and, as shown in the case of targeted and interminable detentions, eroded civil rights to unprecedented levels.

Although the ACLU applauds the administration’s condemnation of the torture and rendition programs instituted under Bush, it says these positive steps are overwhelmed by what remains uncorrected and unaddressed. Using the CIA’s destruction of 92 interrogation tapes as an example, the ACLU says that an investigation into the incident – which was approved by a CIA official and is purported to have erased torturous interrogations carried about by Americans – has dragged on for three years with no resolution in sight The length of time is a minor issue compared with what the ACLU says such foot dragging signifies: “Sanctioning impunity for government officials who authorized torture.”

Fear of an unchecked, unaccountable government permeates the ACLU’s report, particularly in the section about targeted killings. In this instance, it is not just that the Obama administration has continued a policy of targeting alleged terrorists, but that it has a new wrinkle: American citizens, such as Anwar al-Awlaki, are also being rounded up in the “O.K.-to-kill” list. The shortfalls of this approach are many, and the ACLU says that the inaccuracy of less life-and-death approaches should make such an approach intolerable. “Over the last eight years, we have seen the government over and over again detain men as ‘terrorists,’ only to discover later that the evidence was weak, wrong, or non-existent,” the report says.

When the accused do have legal recourse, the ACLU says the administration is also failing, and the two-tier court system available to detainees – federal courts and military commissions – does little to showcase the United States’ legal system as fair and just. Instead, the ACLU says the biased military commission system, which has a lower evidence standard and allows anonymous, third-party testimony, is also inhumane because abuse during detention or abuse during interrogations do not disqualify testimony. The ACLU says even the federal court system is tainted because it is used at the government’s discretion, and even then, only when the defense thinks losing its case is impossible.

The report also takes aim at detention itself. According to both the ACLU and the Department of Justice’s January 2010 Guantanamo Review Task Force report, there are Yemenis, who in the parlance of the Department of Justice, are eligible for “conditional detainment,” and in the language of the ACLU, “have been cleared for release after years of harsh detention.” These Yemenis can only be released under the following conditions: if there is an appropriate rehabilitation program for the detainees when and if they return home; if they cannot be repatriated to Yemen, that the third-party country has sufficient security. But first, the US has to revoke the moratorium on their release. The ACLU says, however, that this problem is not confined to Yemenis at Guantanamo, nor does blame rest solely with the president. The ACLU says Congress has also helped keep individuals, specifically Chinese Uighers, from being released.

The ACLU also asserts that the current administration has allowed the rules of detention to morph beyond reasonable limits such as geography to the point that individuals can be picked up in areas that are not war zones, transported to detention centers that are in war zones, and then, based on the location of their detention, treated as though they were captured in battle areas. Such power, the ACLU says, makes everyone a combatant. The ACLU indicates the domestic impact of this logic could erase civil rights, particularly if a Thompson, Illinois, prison becomes a holding place for Guantanamo detainees. “We fear that if precedent is established that terrorism suspects can be held without trial in the United States, this administration and future administrations will be tempted to bypass routinely the constitutional restraints of the criminal justice system,” the report says.

Deborah Weinstein is the executive director of the Coalition on Human Needs.

Human Experimentation at the Heart of Bush Administration’s Torture Program; Continues Under Obama Administration

In Uncategorized on June 9, 2010 at 11:51 am

Oldspeak ” This is why they hate us.  The Tuskeege Experiment 2000 continues under Barack “We Do Not Torture” Obama’s Administration… 0 coverage in corporate media. High-value detainees captured during the Bush administration’s “war on terror,” who were subjected to brutal torture techniques, were used as “guinea pigs” to gauge the effectiveness of various torture techniques, a practice that has raised troubling comparisons to Nazi-era human experimentation. according to a disturbing new report released by Physicians for Human Rights, an international doctors’ organization.”

From Jason Leopold @ Truthout:

PHR, based in Massachusetts, called on President Barack Obama, Attorney General Eric Holder and the US Congress to launch investigations into the role of physicians and psychiatric experts in the monitoring and assessments of the brutal interrogations.

“Health professionals working for and on behalf of the CIA monitored the interrogations of detainees, collected and analyzed the results of [the] interrogations, and sought to derive generalizable inferences to be applied to subsequent interrogations,” said the 27-page report, entitled “Experiments in Torture: Human Subject Research and Evidence of Experimentation in the ‘Enhanced’ Interrogation Program.” “Such acts may be seen as the conduct of research and experimentation by health professionals on prisoners, which could violate accepted standards of medical ethics, as well as domestic and international law. These practices could, in some cases, constitute war crimes and crimes against humanity.”

The report is based on extensive research of previously declassified government documents that shows the crucial role medical personnel played in establishing and justifying the legality of the Bush administration’s torture program. Many of the details contained in the document has already been painstakingly documented by Marcy Wheeler at her blog Emptywheel, and Truthout’s own Jeffrey Kaye on his blogInvictus and in articles published on this web site and at Firedoglake.

Written by medical and psychological experts, some of who have worked with victims of torture, the report said the research and experimentation on detainees violate medical professional standards, the Geneva Conventions on treatment of detainees, and international law based on the Nuremberg principles that were embraced by the civilized world after it was revealed that the Nazis engaged in medical atrocities on prisoners during World War II.

“The essence of the ethical and legal protections for human subjects is that the subjects, especially vulnerable populations such as prisoners, must be treated with the dignity befitting human beings and not simply as experimental guinea pigs,” the PHR report said.

Frank Donaghue, PHR’s chief executive officer, said the report appears to demonstrate that the CIA violated “all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation.”

Waterboarding and Combined Techniques

For example, CIA medical personnel obtained experimental research data by subjecting more than 25 detainees to individual and combined torture techniques, including sleep deprivation and stress positioning, as a way of understanding “whether one type of application over another would increase the subjects’ susceptibility to severe pain,” the report said, adding that the information derived from that research informed “subsequent [torture] practices.”

The study of combined and individual torture tactics “appears to have been used primarily to enable the Bush administration to assess the legality of the tactics, and to inform medical monitoring policy and procedure for future application of the techniques,” the report said.

Drawing from the study of torture tactics, Steven Bradbury, then head of the Justice Department’s Office of Legal Counsel (OLC), prepared a memo in 2005 that approved combinations of torture tactics, including forced nudity, “wall-slamming,” stress positions and repeated periods of sleep deprivation.

PHR’s analysis on sleep deprivation concluded that “government lawyers used observational data collected by health professionals from varying applications of sleep deprivation to inform legal evaluations regarding the risk of inflicting certain levels of harm on the detainee, and to shape policy that would guide further application of the technique.”

PHR also said the drowning method known as waterboarding was monitored in early 2002 by medical personnel who collected data about how detainees responded to the torture technique. The data was then given to Bradbury, who cited it in advising CIA interrogators how to administer the technique.

“According to the Bradbury memoranda, [CIA Office of Medical Services] teams, based on their observation of detainee responses to waterboarding, replaced water in the waterboarding procedure with saline solution ostensibly to reduce the detainees’ risk of contracting pneumonia and/or hyponatremia, a condition of low sodium levels in the blood caused by free water intoxication, which can lead to brain edema and herniation, coma, and death,” the report said.

In Bradbury’s memo urging revised techniques – what the PHR report termed “Waterboarding 2.0” – the Bush lawyer wrote that “based on advice of medical personnel, the CIA requires that saline solution be used instead of plain water to reduce the possibility of hyponatremia … if the detainee drinks the water.”

The Bush administration also used the medical studies to mitigate any blame that might be placed on CIA interrogators or their superiors, by suggesting that doctors were involved to protect the health of the detainees even if a side benefit was to make the torture more effective, the report said.

Shielding Torturers

But the administration apparently anticipated accusations of human experimentation by adding language in the 2006 Military Commissions Act. The PHR’s report noted that the law amended the War Crimes Act, and made it retroactive to 1997, “to delineate the specific violations of [the Geneva Conventions’] Common Article 3 that would be punishable. Among those violations is ‘performing biological experiments.’

“The amended language prohibits: The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons.”

According to the PHR report, “the new language of the WCA added two qualifications that appear to have lowered the bar on biological experimentation on prisoners” by creating a loophole regarding a “legitimate” purpose that does not necessarily match up with the interests of the subject. The word “endangers” also would open the door to some forms of human experimentation, the report said.

Do you value independent investigative reporting? Truthout’s work is funded by contributions from readers like you. Please click here to make a donation.

Calls for Accountability

PHR and other human rights groups plan to file a complaint Wednesday with the Department of Health and Human Services’ Office for Human Research Protections (OHRP) demanding the agency launch a probe into the CIA’s Office of Medical Services. Additionally, the group wants the Justice Department’s ethics watchdog, the Office of Professional Responsibility (OPR), to launch a separate investigation.

The OPR recently concluded a four-year long investigation into the legal work former OLC attorneys John Yoo, now a Berkeley law professor, and Jay Bybee, a federal appeals court judge on the Ninth Circuit, did when drafting the August 2002 torture memos and concluded both men violated professional standards when they issued their legal opinions that allowed CIA officers to use brutal methods when interrogating suspected terrorists, and recommended both men be referred to their state bar associations to face possible disbarment.

The judgment was softened by career prosecutor David Margolis, who was put in charge of the final recommendations, and who said he was “unpersuaded” by OPR’s “misconduct” conclusion, which faulted Yoo and Bybee for their approval of brutal interrogation techniques that were used against terrorism suspects after the 9/11 attacks.

The CIA denied the PHR’s allegations of wrongdoing. Spokesman Paul Gimigliano said the agency, “as part of its past detention program, [did not] conduct human subject research on any detainee or group of detainees.”

Despite the latest revelations regarding the torture program and other war crimes, President Obama still refuses to allow war-crimes investigations into the actions of President George W. Bush and his subordinates, saying it is better to “look forward, and not backwards.”

However, Obama appears to have different standards for other countries. During an interview with a reporter for an Indonesian television station, Obama was asked whether he was satisfied with the way Indonesia dealt with its past human rights abuses.

“We have to acknowledge that those past human rights abuses existed,” said Obama, who lived in Indonesia as a child and whose step-father was Indonesian. “We can’t go forward without looking backwards.”

Stephen Soldz, a psychoanalyst and one of the author’s of the PHR report,said “it is important to realize that the logic used by the Obama administration to refuse an investigation of torture claims – that the torture memos allowed the torturers to believe their actions were legally sanctioned – does not apply to potential research on detainees.”

“As far as is publicly known, there exist no ‘torture research’ memos authorizing ignoring laws and regulations prohibiting research on torture techniques,” Soldz said.

Rev. Richard Killmer, executive director of the National Religious Campaign Against Torture, said PHR’s findings “recalls some of humanity’s darkest days – charges from which no person of faith can afford to turn away.”

A Guinea Pig

The PHR report’s conclusions regarding sleep deprivation also buttresses previous information that the Bush administration practiced its torture techniques on the first “high-value detainee,” Abu Zubaydah, after he was captured in March 2002 and confirm several recent investigative reports published by Truthout.

A former National Security official knowledgeable about the Bush administration’s torture program previously told Truthout that Zubaydah was “an experiment … a guinea pig” used so CIA contractors could obtain data regarding different techniques.

The data was then shared with officials at the CIA and the Justice Department, who used the information to draft the August 2002 torture memos regarding the preferred interrogation methods and their frequency of use, setting parameters that supposedly prevented the interrogators from crossing the line into torture.

In an interview with the International Committee of the Red Cross, Zubaydah said the torture he was subjected to after his capture “felt like [his torturers] were experimenting and trying out techniques to be used later on other people.”

Moreover, in her book “The Dark Side,” New Yorker reporter Jane Mayerwrote that Zubaydah’s interrogation sessions became more aggressive and experimental in April 2002, after the CIA sent in Dr. James Mitchell, a psychologist under contract to the agency, to take over the interrogations.

Mayer wrote that when Mitchell arrived he told Ali Soufan, an FBI agent who had first interrogated Zubaydah using rapport-building techniques, that Zubaydah needed to be treated “like a dog in a cage.”

Mitchell said Zubaydah was “like an experiment, when you apply electric shocks to a caged dog, after a while he’s so diminished, he can’t resist.”

Soufan and the other FBI agent argued that Zubaydah was “not a dog, he was a human being” to which Mitchell responded: “Science is science.”

The PHR report does not identify Zubaydah by name.

In March, Truthout reported, based on interviews with more than two dozen intelligence and national security officials, that one of the main reasons Zubaydah’s torture sessions were videotaped was to gain insight into his “physical reaction” to the techniques used against him.

For example, one current and three former CIA officials said some videotapes showed Zubaydah being sleep deprived for more than two weeks. Contractors hired by the CIA studied how he responded psychologically and physically to being kept awake for that amount of time. By looking at videotapes, they concluded that after the 11th consecutive day of being kept awake Zubaydah started to “severely break down.” So, the torture memo signed by Bybee concluded that 11 days of sleep deprivation was legal and did not meet the definition of torture.

Those videotapes were destroyed and the issue is now the subject of a criminal investigation lead by John Durham, a US attorney from Connecticut.

PHR’s report said, “information collected by health professionals on the effects of sleep deprivation on detainees was used to establish sleep deprivation policy” and “guide further application of the technique.”

The report determined that the human experimentation side of the program helped create a framework to protect the torturers from war crimes and other charges.

“OLC lawyers argued that efforts to refine and improve the application of techniques would provide a potential ‘good faith’ defense for interrogators against charges of torture,” the report said. “They argued that such a medical monitoring regime would remove the element of intent to cause harm from the act, which is a necessary requirement for a successful prosecution of a torture charge under US law, and that a ‘good faith belief need not be a reasonable belief; it need only be an honest belief.’ Thus, research on the detainees became a key part of the OLC legal strategy to demonstrate the lack of intent to commit torture.”

Nathaniel Raymond, director of PHR’s Campaign Against Torture, said, “Justice Department lawyers appear to have never assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.”

Brent Mickum, Zubaydah’s attorney, said PHR’s report is evidence that there was an “experimental element to the torture program and it was approved at the highest levels of government.”

“I have said literally for years that I believe my client was tortured before any of these enhanced interrogation techniques were approved by the Justice Department,” Mickum told Truthout. “And now we know that not only was my client subjected to torture but he was part of an experiment. This is so ugly, so shameful, so unlawful. If this revelation doesn’t kick in an obligation on the part of the Department of Justice to investigate war crimes than I don’t know what does. The Obama administration has essentially refused to do that. At some point, this president and his appointees have to take seriously what their obligations are under the law.”

Mickum said he is preparing to file a series of motions in federal court, calling on the government to preserve evidence related to the CIA’s research and experimentation.

Research” Continues

Meanwhile, Obama’s presence in the White House has not resulted in an abandonment of the research side of the interrogation program.

Last March, Director of National Intelligence Dennis Blair, who recently resigned, disclosed that the Obama administration’s High-Value Detainee Interrogation Group (HIG), planned on conducting “scientific research” to determine “if there are better ways to get information from people that are consistent with our values.”

“It is going to do scientific research on that long-neglected area,” Blair said during testimony before the House Intelligence Committee. He did not provide additional details as to what the “scientific research” entailed.