"Fearmongering Primitive Minds"? They *Are* Us!

Following up on this earlier post of yours truly - the usual suspects are still at it again - aided and abetted by the media, of course:

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First, we have this:

Fox Shows Photos Of Muslim Men: ‘Would You Want A Guy Like This Living In Your Backyard?’
Since President Obama’s announcement last week that he would shut down the Guantanamo Bay detention center within on year, Fox News has done its best to frighten its viewers about the rule:

SEAN HANNITY: That’s somewhat frightening, you’re going to close Guantanamo Bay, you don’t know what’s going to happen, you don’t know where you’re going to put these people. [1/23/09]
GLENN BECK: Somebody told me that if this goes through and we put 200 people into this system, that it will shut down our justice system. Our justice system just won’t be able to do it.[1/20/09]
BRIAN KILMEADE: You’re talking about the worst of the Taliban, the worst of al Qaeda, and we have to let them go, give them trials? Why do we need to do this and compromise the CIA and our intelligence bureau — a lot of the intelligence was built on these guys, was done using our clandestine operations. So we have to expose that for these trials? [1/22/09]

Rep. Jack Murtha (D-PA) said last week that the U.S. could hold the detainees in federal prisons, just like we hold thousands of other dangerous inmates. This morning, Fox and Friends responded by sending a reporter to Murtha’s district to flash photos of suspected terrorists — their only identification being Muslim headgear — and ask residents, “Would you want a guy like this living in your backyard?” Watch it:



Despite Fox’s suggestion that detainees could be pitching a tent in your backyard, Guantanamo detainees transferred to the U.S. for trials would be housed in federal prisons — where dozens of dangerous terrorists are already held. In fact, the United States has already successfully prosecuted 145 terrorism cases in federal court, a sharp contrast to the series of debacles in Guantanamo prosecutions.
Later in the segment, the Fox hosts repeated some of the right wing’s favorite myths about Guantanamo. They endorsed the “great idea” conservatives have been pushing of sending detainees to Alcatraz or a “haunted” prison in West Virginia:

CLAYTON MORRIS: We’ve got Alcatraz that exists. We give tours out there. Put them out on an island on Alcatraz, which is under our jurisdiction. What about Moundsville State Penitentiary? Someone from West Virginia wrote me and said it’s a haunted prison. It’s vacant.

In other words, Fox News and the right wing would prefer to send Guantanamo detainees to theme parks rather than to maximum-security federal prisons.

Then, we have that:

Rove: ‘One year from now, Gitmo won’t be closed.’

In a recent speech at the University of Miami, Karl Rove expressed his pessimism that President Obama will be able to carry through on his pledge to close Guantanamo:

“One year from now, Gitmo won’t be closed…. If it is, there will be an uproar in the U.S. about where to put these people.”

Indeed, it will be very difficult to close Guantanamo, made harder in fact by the incompetence of the Bush administration. This weekend, the Washington Post reported that the administration’s plans to “quickly close the military prison there were set back last week when incoming legal and national security officials — barred until the inauguration from examining classified material on the [Gitmo] detainees — discovered that there were no comprehensive case files on many of them.”
Update: Today’s Progress Report debunks the right-wing myths about closing Guantanamo.

And then, we have that as well:

Gregory allowed 61-detainee falsehood to stand unrebutted on Meet the Press
On the January 25 edition of NBC's Meet the Press, host David Gregory allowed House Minority Leader John Boehner (R-OH) to repeat the falsehood that, in Boehner's words, "we've already found" that 61 detainees released from the detention facilities at Guantánamo Bay are now "back on the battlefield." In fact, the figure, which comes from the Pentagon, includes 43 former prisoners who are suspected of, but have not been confirmed as, having "return[ed] to the fight." Moreover, even the Pentagon's claim that it has confirmed that 18 former Guantánamo detainees have returned to the battlefield has been questioned by experts.
After Gregory asked if President Obama's executive order requiring that the detention facilities at Guantánamo Bay be closed within a year was "realistic," Boehner responded: "[W]hat do you do with these 270 prisoners? Some of them you might be able to release, but we've already found 61 of those that we've released back on the battlefield."
Gregory did not note that according to the Pentagon, the 61-detainee figure includes 43 former prisoners who are suspected of, but have not been confirmed as, having engaged in terrorist activity -- detainees who have not been "already found [...] back on the battlefield," as Boehner asserted. Indeed, as Media Matters for America noted, during a January 13 press conference, Pentagon spokesman Geoff Morrell stated: "The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight. So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight."
Further, the Pentagon's definition of "returning to the fight" has been challenged by some analysts. As CNN national security analyst Peter Bergen noted on the January 23 edition of Anderson Cooper 360: "[R]eturning to the fight, in Pentagon terms, could be engaging in anti-American propaganda, something that's not entirely surprising if you have been locked up in a prison camp for several years without charge." Bergen further stated: "[W]hen you really boil it down, the actual number of people whose names we know are about eight out of the 520 that have been released [from Guantánamo], so a little above 1 percent, that we can actually say with certainty have engaged in anti-American terrorism or insurgence activities since they have been released. ... If the Pentagon releases more information about specific people, I think it would be possible to -- to potentially agree with them. But, right now, that information isn't out there."
Additionally, Seton Hall University School of Law professor Mark Denbeaux -- who has written several reports about Guantánamo detainees, including some challenging the Pentagon's definition of "battlefield" capture and published detainee recidivism rates -- has disputed the Pentagon's figures.

Now, here's the underlying problem:

1 in 4 Americans believe the Bush administration committed war crimes

In a new telephone survey, Rasmussen Reports has found that 25 percent of voters “believe President Bush and senior members of his administration are guilty of war crimes.” Forty-four percent of Democrats and 21 percent of unaffiliated voters believe that war crimes were committed while just 4 percent of Republicans believe the same.

Only 25% percent of Americans realize, or understand, or accept the reality that war crimes have been committed - are still being committed - in their names.

Which falls pretty much in line with this older poll which revealed that 44% of Americans approve torture.

As I said before:

(...) the barbarians and their savage followers are still living among us indeed ... and they are doing everything they can to keep us down to their primitive, uncivilized and savage level.

The problem here is that the primitive mind-thinking barbarians and savages appear to constitute the majority ...

Vive la civilisation, eh?

Once again: we have met the enemy ... and the enemy is ourselves.

"Because It Was Necessary" ...

Behold incompetence defending itself (the 4th Principle of Incompetence in action) (emphasis added):

Secretary of State Condoleezza Rice defended tough interrogation techniques for terrorism suspects approved by the Bush administration in the wake of 9/11, saying they were necessary to protect America from new attacks.

In her most extensive public comments about how the administration dealt with detainee interrogations in the aftermath of Sept. 11, 2001, and the anthrax attacks that followed, Rice insisted the methods of questioning complied with both U.S. law and treaty obligations.

But she acknowledged that those rules had since changed and that the United States was a "different place" then, adding that the administration's top priority at the time had been preventing new attacks and not necessarily observing fine legal points.

"The fact is that after Sept. 11, whatever was legal in the face of not just the attacks of Sept. 11, but the anthrax attacks that happened, we were in an environment in which saving America from the next attack was paramount," Rice said.

"But even in that environment, President Bush made clear that we were going to live up to our obligations at home and to our treaty obligations abroad," she told an audience (...).

Rice noted that legal restrictions on the treatment of detainees had evolved significantly between 2002 and 2003, when administration officials had allowed harsh techniques, including one that some believe to be torture, and the passage in 2005 of the Detainee Treatment Act that prohibits cruel, inhuman and degrading treatment.

"Now, there has been a long evolution in American policy about detainees and about interrogations," she said. "We now have in place a law that was not there in 2002 and 2003."

"So the ground is different now," she said.

Oh, really?

We have gone from due process, habeas corpus, the 4th amendment and upholding the Geneva Conventions, to extraordinary renditions, indefinite detentions, loss of habeas corpus, torture, military commissions and the shredding of the Geneva Conventions.

That is not "evolution", but rather devolution pure and simple - and having made all of these savage grotesqueries legal after the fact (or through signing statements) only cemented the reality of this rapidly downward spiraling fall to perdition and utter perversion of every single tenet of morality, civil liberties and human rights.

Regardless of whatever typical double-talk, double-thinking, legalese theorycrafting-in-an-echo-chamber Madam Rice offers and which, in essence, admits on the one hand "to Hell with the law and international conventions" while, simultaneously on the other, offering disassembling platitudes regarding the respect for laws and international conventions.

To this effect, there is one, single account on which Madam Rice spoke factually: the "ground" is indeed definitely different now than before 9/11.

Let me count the ways:

1) Extraordinary renditions: Yes, now that they have been exposed and decried, that should be the end of it and we all should move along, right? Well, how about some justice for all those who were victims of such barbarous crimes (like this guy, for instance, who got Canadian justice but not American justice)? How about some trials for the perpetrators of these same crimes, including those who devised and came up with such callous disregards for basic due process, justice and civility? Oh, right - they have all been exonerated by law after the fact and if any other country in the world should decide to do the right and just thing and put such bastards on trial, well ...

Regardless, if you think that extraordinary renditions are over and done with - then guess again ...

2) Indefinite detentions: thanks to the gutting of habeas corpus, these are legal now and, apparently, retroactively at that. Why, even children and teenagers ("child soldiers") are fair game (take this one, as but one example). And if you think only "terrorists" and "unlawful combatants" constitute the sole targets of such detentions, then guess again one more time (emphasis added):

With the approval of Congress and no outcry from corporate media, the Military Commissions Act (MCA) signed by Bush on October 17, 2006, ushered in military commission law for US citizens and non-citizens alike. While media, including a lead editorial in the New York Times October 19, have given false comfort that we, as American citizens, will not be the victims of the draconian measures legalized by this Act — such as military roundups and life-long detention with no rights or constitutional protections— Robert Parry points to text in the MCA that allows for the institution of a military alternative to the constitutional justice system for “any person” regardless of American citizenship. The MCA effectively does away with habeas corpus rights for “any person” arbitrarily deemed to be an “enemy of the state.” The judgment on who is deemed an “enemy combatant” is solely at the discretion of President Bush.

(...) While it is true that some parts of the MCA target non-citizens, other sections clearly apply to US citizens as well, putting citizens inside the same tribunal system with non-citizen residents and foreigners. Section 950q of the MCA states that, “Any person is punishable as a principal under this chapter [of the MCA] who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission.” In Section 950v, “Crimes Triable by Military Commissions” of the MCA seems to specifically target American citizens by stating that, “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.” “Who,” warns Parry, “has ‘an allegiance or duty to the United States’ if not an American citizen?”

Besides allowing “any person” to be swallowed up by Bush’s system, the law prohibits detainees once inside from appealing to the traditional American courts until after prosecution and sentencing, which could translate into an indefinite imprisonment since there are no timetables for Bush’s tribunal process to play out.

(...) “Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called unlawful enemy combatants, Bush and the Republican-controlled Congress effectively created a parallel legal system for ‘any person’— American citizen or otherwise — who crosses some ill-defined line.”

And on a related note:

8 million Americans are now listed as potentially suspect;

U.S. residents in military brigs? Govt says it's war;

U.S. planning big new prison in Afghanistan.

Welcome to the land of liberty and the pursuit of happiness ... but don't you fret - apparently, being a detainee is pretty much like living in a frathouse ...

3) Torture: whether you call it "frathouse pranks", "enhanced interrogation techniques", "water treatment" or "waterboarding", torture has been going on, and is still going on - even after the revelations of Abu Ghraib and Gitmo. In fact, many detainees have actually been tortured to death. Even children and teenagers ("child soldiers" and civilians) have been likewise tortured. Why, torture has become so mainstream that the U.S. is now in the business of torturing for, or helping in doing so ... other countries like China! Thanks to another of Bush's signing statements, the new motto is: "torture - it's not only legal, it's all good".

There is no going deeper into the pit of savagery and perversion here, folks. This is the very bottom, the lowest of the lowest, level of inhumanity.

No civilization allowed here - when the debate is about the efficiency and validity of torture in getting solid intelligence and confessions, as things are now, instead of being about the inherent immoral nature of torture, then you know you have lost any semblance of human rationality and grace.

Case in point.

4) Military tribunals: as pretty much anyone who deals with reality suspected, if not predicted, these tribunals are nothing more than rigged, show trials held behind closed doors. Military lawyers are pressured/harassed by their superiors to either prosecute maliciously or not defend their clients to the best of their abilities - and if they chose the high road, they will suffer the consequences. Even military judges are fair game to this effect.

And even if you are lucky enough to be finally cleared of all charges, you are either stranded as a "no land's man" or kept indefinitely as a "guest" nevertheless because, well, the Bush administration feels like it.

These tribunals are about getting results and giving way to political convenience. This is not due process and definitely not justice - this is all about the rule of whim of the moment.

Banana Republic, anyone?

And I am not even getting into the gutting of FISA and all that illegal domestic spying stuff - except to strongly suggest to those who still think that "it's all good and it can't be abused" to, well, guess yet again - I offer one small example to this effect.

So yes indeed - the "ground" is definitely different now than before 9/11: America, its constitution, its republic and its moral standing have become as ruined as the ashes, dust, rubble and metal scraps of the towers of the World Trade Center.

In this respect, I wrote the following recently:

I humbly assume that I will be forgiven if I do not appreciate the "courageous" work done over the last seven years by the Bush administration and its cheerleading supporters - because from where I stand, they have spat upon and irreversibly sullied every precept of human dignity, of human respect, of Humanity, which used to be held as unassailable and uncompromising, sacrosaint values.

And it doesn't matter however much they try to justify/legalize/spin their actions - for indeed, nothing justifies indefinite detention, secret tribunals and torture.

Nothing.

Period.

And yet, and yet ...

It. Was. Necessary.

I think we've been handed the perfect excuse to justify *anything*, thanks to Madam Rice - just let your imagination - or inner savage, rather - run wild with it.

Because that's what has been happening with regards to human decency and human rights over the last seven years or so.

Vive la civilization, eh?

In the end, all I can do is dare to hope that the presumptive Democratic nominee for President of the United States of America, Sen. Barack Obama, will seize the moment and the time to unequivocally renounce again all these affronts to, and perversions of, justice and human rights - and consequently renew his pledge to right such immoral, inhumane wrongs once and for all.

To paraphrase what he has so eloquently said:

America, this is your moment. This is your time. Your time to turn the page on the policies of the past.

Now, that is something that is truly necessary ...


(Cross-posted from APOV)

The Misinterpreter-in-Chief

via FindLaw Writ - Recent Articles on Jul 23, 2007


FindLaw columnist and human rights attorney Joanne Mariner discusses an executive order recently issued by President Bush. The order purports to determine that the CIA's system of secret prisons "fully complies" with the U.S.'s Geneva Conventions obligations -- as long as the CIA itself complies with a series of requirements regarding interrogation practices and conditions of confinement. Mariner contends that the order wrongly ignores a key Supreme Court ruling, and is in clear error with respect to international law. She contends that the secret prisons program will continue to plainly violate the U.S.'s Geneva Conventions obligation, despite the executive order's claims. She also criticizes the executive order for purporting to impose a definition of "enemy combatant" even broader than those the Administration used in the past.

Via Len Hart - The Existentialist Cowboy

Enhanced?

From Andrew Sullivan's Daily Dish for Tuesday (link via TPM):

The phrase "Verschärfte Vernehmung" is German for "enhanced interrogation". Other translations include "intensified interrogation" or "sharpened interrogation". It's a phrase that appears to have been concocted in 1937, to describe a form of torture that would leave no marks, and hence save the embarrassment pre-war Nazi officials were experiencing as their wounded torture victims ended up in court. The methods...are indistinguishable from those described as "enhanced interrogation techniques" by the president. As you can see from the Gestapo memo [reproduced in the article], moreover, the Nazis were adamant that their "enhanced interrogation techniques" would be carefully restricted and controlled, monitored by an elite professional staff, of the kind recommended by Charles Krauthammer, and strictly reserved for certain categories of prisoner. At least, that was the original plan.

Torture is the most outrageous of the outrages foisted upon this nation in the last five years.

Torture is wrong.

Sanctioned use of torture violates the Geneva Conventions and rushes the entire world back to the days when there were no protections for any prisoner of war, combatant or non-combatant, against inhumane treatment. (See the excerpt from The Enormous Room that I posted here Monday.)

Sanctioned use of torture puts us in the wrong in the eyes of the world.

AND torture does not work. (24 is a fantasy!!!)

See this morning's NYTimes:

WASHINGTON, May 29 — As the Bush administration completes secret new rules governing interrogations, a group of experts advising the intelligence agencies are arguing that the harsh techniques used since the 2001 terrorist attacks are outmoded, amateurish and unreliable.

The psychologists and other specialists, commissioned by the Intelligence Science Board, make the case that more than five years after the Sept. 11 attacks, the Bush administration has yet to create an elite corps of interrogators trained to glean secrets from terrorism suspects.

While billions are spent each year to upgrade satellites and other high-tech spy machinery, the experts say, interrogation methods — possibly the most important source of information on groups like Al Qaeda — are a hodgepodge that date from the 1950s, or are modeled on old Soviet practices.

Some of the study participants argue that interrogation should be restructured using lessons from many fields, including the tricks of veteran homicide detectives, the persuasive techniques of sophisticated marketing and models from American history.

Outmoded, amateurish, and unreliable.

So really enhanced interrogation might be at least as smart as the American marketers.

So here we are, a nation that likes to think of itself as the most clever and innovative in the history of man, and we can't do any better than the Spanish Inquisition or, shudder at the word, the Nazis, when it comes to getting information out of people??

Give. me. a. break.

Cross-posted at Sherry Chandler.