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No Immunity for Torture, No Legal Whitewash

No Immunity for Torture, No Legal Whitewash

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So this is the new America.

President Bush has now defended the cruel and humiliating treatment of detainees on national television.

Instead of accepting constitutional role of the judgment of the Supreme Court, he has proposed legislation that would retroactively legalize the sham military commissions that the Supreme Court has repudiated.

Bush wants legislation passed that would grant immunity from prosecution to administration officials who sanctioned (and possibly encouraged, codified, ordered) the use of torture and other cruel, inhuman and degrading treatment – and would keep the Federal courts from intervening!

Are you awake YET America? Does this sound like YOUR America?

My America doesn’t use or try to legitimize torture, and would never hide people in secret prisons.
My America is a beacon to the rest of the world on human rights and liberties.

Torture. Secrecy. Legal Whitewash.

This President wants to see a lot of new laws written, but not everyone is convinced he will succeed in that. After all, he needs Congress to rubberstamp write the laws and vote the laws into being.

Take a good look. The methods and policies of this administration are increasing the power and heft of terrorism. The war metaphor is itself destructive, and we’ve bound our adversaries together more sucessfully than they ever could have done themselves.

We’ve given away more of our own freedoms and rights than terrorists ever could have taken from us.

We have made a terrible mistake by allowing these people to take power.

America is better than this.

Write, call or e-mail your representatives to let them know that you do not approve of the sidestepping of the Supreme court, the use of torture and other violations of the Geneva conventions or the the secret CIA prisons.

Point out their own role in enabling all of this to have happened, and remind them of the upcoming election (we must assume for sanity’s sake that the elections will take place and that majorities will prevail).

Keep an eye out for actions to take, solutions to offer, discussions for participation. Write a letter to the editor. And please – VOTE in November. The republican campaigns budget is being invested in local smear campaigns and the like. Go to events. Ask about the issues. Participate in your democracy. Insist on public debate on issues of concern to you.

Without an informed and active citizenry, things will only get worse.

No CoverYerA Pro-Torture Legislation

No CoverYerA Pro-Torture Legislation

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Ignoring the Supreme Court, the advice of top military lawyers, our nation’s laws, and the domestic and worldwide outcry against torture, the Bush Administration is aggressively fighting for the legal right to abuse detainees in U.S. custody.

This administration is currently polishing up an amendment to the War Crimes Act (Section 2441 of title 18 US Code) that would legally permit abusive interrogations. This would further undermine Common Article 3 in the Geneva Conventions, and try to evade the recent Hamdan v. Rumsfeld Supreme Court ruling. The amendment would not ban “outrages upon personal dignity, in particular humiliating and degrading treatment” (such as “waterboarding”), although such acts are specifically banned by the Geneva Conventions.

The White House also announced that the bill “will apply to any conduct by any U.S. personnel, whether committed before or after the law is enacted.” So, they want to grandfather in any previous criminal offenses – duh.

Passing this legislation would excuse the administration from current, past, or future criminal charges stemming from its treatment of prisoners in the “war against terror.” It looks to me as though it’s quite concerned with protecting its own policymakers from being prosecuted under the War Crimes Act. Yeah, I wonder why that would be.

The time-honored and (almost) universally-accepted Geneva Conventions help to protect our own troops. The Bush administration is not only willing to risk the lives of our soldiers – and further tarnish our reputation – so that it can engage in cruel and inhuman treatment with impugnity – but it also want to protect those who have authorized it from any accountability!

Outside of all the ethical and legal reasons to oppose torture (especially in our name), there is also the pragmatic reason not to torture: Expert interrogators have already said that good information comes not through torture, but rather by establishing relationships of trust. People who are tortured will say anything to make the torture stop. Read up on the Inquisitions. The Witch Hunts. Or something more recent. Take your pick. Torture doesn’t work.

Shall we go down as the first nation to retreat from the Geneva Conventions?
Shall we be known as the country who stood up to champion cruel and degrading treatment?

Is this what America has become? Is this what we stand for? Will Americans speak up?

The “good guys” don’t need to do this.

No more torture in America’s name!
No grandfathered protections for those who authorized it!

Tell the President to drop this bid to gain the legal right to abuse detainees. Tell him to respect our laws and the Geneva Conventions. (Human Rights First)

Read up on the issues. Then, please contact your representatives to tell them your views, and the position you would urge them to take on this matter.

Reading:

White House Switchboard

White House Switchboard

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Political comedy email making the rounds…

“Thank you for calling the White House switchboard. Our new voice activated system will help direct you to the proper office.”

“If you are calling to complain about the mishandling of the war in Iraq, press one.”

“If you are calling to complain about the abuse of prisoners and the White House’s endorsement of torture, press two, and then say the name of the torture site that you wish to complain about (and please note for the sake of the voice mail system that it is pronounced Abu GRABE, not Abu grahb).”

“If you are calling to complain about illegal spying on American citizens and the abuse of FISA laws, press 3, but do know that these calls will be recorded.”

“If you are calling to complain about the disastrous mismanagement of the hurricane Katrina recovery, please press 4, and your call will be directed to the Federal Emergency Management Agency. If you wait for more than 48 hours without anyone picking up the phone, hang-up and send a letter. We have been assured that all letters will receive a prompt reply within one year.”

“If you are calling regarding the administration’s unwillingness to enforce immigration law, press cinco, por favor, or direct any thanks to your local chamber of commerce office, which can explain why we like cheap labor that can’t vote and where you may be able to find willing illegal day laborers in your local area.”

“If you are Jack Abramoff or any Saudi prince, please call the private line * it is always open.”

“If you are calling about the Medicare prescription debacle, please press 6. If you are having a medical emergency, you should proceed directly to your local emergency room, although please understand that your health coverage may not pay for the visit and you can no longer get out from under the bill by declaring bankruptcy.”

“If you are calling about the ballooning federal deficit or the recent hike in the debt ceiling to $3 trillion, please press 7, unless you are Bill Clinton calling to brag about the surpluses under your administration, in which case we don’t want to hear about it.”

“If you are calling to complain about the White House’s efforts to block stem cell research, please press 8, and then say the disease that you are most concerned about that may ultimately be cured through scientific
research. If you are a scientist calling with new research findings or important clinical data, please hang up, we don’t want to hear from you.”

“If you are calling to express concern about global warming and our efforts to roll back environmental laws, please press 9, unless you are a government scientist, in which case you are forbidden to talk without first clearing it with the oil lobbyist we hired to screen and edit your research. He can be reached at Exxon 4-2611.”

“If you are calling to complain about the President’s efforts to “privatize” social security, please press 1 and then the pound key, and your call will be redirected to representatives at Merrill Lynch, who will explain the
virtues of putting all your savings in the stock market.”

“If you are calling about the need for more prayer in public schools or any other faith-based initiatives, please press 1 and then the star key, and Reverend Falwell will be with you shortly.”

“If you are calling to lobby for more Supreme Court Justices who will block a woman’s right to choose, please stay on the line and the President will be with you immediately.”

“If you are calling about all the tax breaks for the wealthy, press *1 if you have ideas for more loopholes and are making more than a million dollars per year; if you are earning less than a million per year but have ideas for how you may help the wealthy, press *2; if you are earning less than a million per year and just want to complain that all the burden is now falling on you, please call back in a couple of years.”

“If you voted for President Bush and are now concerned that over 12% of the U.S. population now falls below the poverty line while the top 1% has wildly increased their wealth, please understand that we are not laughing AT you.”

“Press zero at any time if you would like to hear these options again.”

“Thank you for calling the White House. It is our pleasure to serve you.”

(Thanks Corinne!)

Main Page – WikiThePresidency

Main Page – WikiThePresidency

People For the American Way believes that “a healthy democracy is an informed democracy,” so they have created WikiThePresidency.org to establish a single place for the public to both acquire and share information about Executive Branch wrongdoings.

It’s a Wiki, so anyone can edit the site, but there are rules. You must post factual claims (no op-eds), with links to credible supporting material. No spouting off.

Take a look. It’s interesting reading.

Main Page – WikiThePresidency

Not Just a Few Bad Apples

Not Just a Few Bad Apples

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ACLU Reveals New Evidence that Government Knew Abuse was Widespread Before Abu Ghraib Photos –

OK, we knew that just by following the tracks of Bush’s legal team…

Still, here’s some more proof for you.

Torture is UnAmerican. Sign the petition.

Army Documents Show Senior Official Reportedly Pushed Limits on Detainee Interrogations (5/2/2006)

NEW YORK — New Army documents released by the American Civil Liberties Union today reveal that Lieutenant General Ricardo Sanchez ordered interrogators to “go to the outer limits” to get information from detainees. The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke.

“When our leaders allow and even encourage abuse at the ‘outer limits’, America suffers,” said Anthony D. Romero, ACLU Executive Director. “A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.”

Among the documents released today by the ACLU is a May 19, 2004 Defense Intelligence Agency document implicating Sanchez in potentially abusive interrogation techniques. In the document, an officer in charge of a team of interrogators stated that there was a 35-page order spelling out the rules of engagement that interrogators were supposed to follow, and that they were encouraged to “go to the outer limits to get information from the detainees by people who wanted the information.” When asked to whom the officer was referring, the officer answered “LTG Sanchez.” The officer stated that the expectation coming from “Headquarters” was to break the detainees.

The ACLU also released an Information Paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” dated April 2, 2004, two weeks before the world saw the pictures of torture at Abu Ghraib prison. The paper outlined the status of 62 investigations of detainee abuse and detainee deaths. Cases include assaults, punching, kicking and beatings, mock executions, sexual assault of a female detainee, threatening to kill an Iraqi child to “send a message to other Iraqis,” stripping detainees, beating them and shocking them with a blasting device, throwing rocks at handcuffed Iraqi children, choking detainees with knots of their scarves and interrogations at gunpoint.

The ACLU said the document makes clear that while President Bush and other officials assured the world that what occurred at Abu Ghraib was the work of “a few bad apples,” the government knew that abuse was happening in numerous facilities in Iraq and Afghanistan. Of the 62 cases being investigated at the time, at least 26 involved detainee deaths. Some of the cases had already gone through a court-martial proceeding. The abuses went beyond Abu Ghraib, and touched Camp Cropper, Camp Bucca and other detention centers in Mosul, Samarra, Baghdad, Tikrit, as well as Orgun-E in Afghanistan.

“These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” said Amrit Singh, a staff attorney with the ACLU Immigrants’ Rights Project. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.”

Last week, the government authenticated that two videos released by the Palm Beach Post in March 2005 were videos that the government was withholding from the ACLU’s Freedom of Information Act request. The videos are part of a set that has come to be known as the “Ramadi Madness” videos and were made by members of the West Palm Beach-based Bravo Company, 1st Battalion, 124th Infantry Regiment. The two scenes the government authenticated are called “See Haj Run” and “Blood Clot.” They depict scenes of urban battle and persons being captured and detained by U.S. forces.

Among the more than 9,000 pages of Defense Department documents made public by the ACLU today are several investigations detailing cruel and degrading treatment and killings. The investigations include:

  • An investigation into the death of a detainee at Forward Operating Base Rifles near Al Asad, Iraq established probable cause to believe that several soldiers assaulted a detainee and committed negligent homicide, and conspired to cover up the death. The detainee died when a soldier lifted him up from the floor by placing a baton under his chin, fracturing his hyoid bone. It appears that the soldiers received written letters of reprimand and counseling. The full document is online at www.aclu.org/projects/foiasearch/pdf/DOD049269.pdf
  • A heavily redacted e-mail dated May 25, 2004 shows that a presumed officer or civilian government official was told of three reports of abuse of detainees described as “probably true/valid.” One detainee was “in such poor physical shape from obvious beatings that [name redacted] asked the MP’s to note his condition before he proceeded with interrogation.” Another detainee was “in such bad shape … that he was laying down in his own feces.” These cases seem to have occurred in Abu Ghraib and Camp Cropper. The full document is online at www.aclu.org/projects/foiasearch/pdf/DODDIA000208.pdf
  • An investigation shows a doctor cleared a detainee for further interrogations, despite claims he had been beaten and shocked with a taser. The medic confirmed that the detainee’s injuries were consistent with his allegations, stating, “Everything he described he had on his body.” Yet, the medic cleared him for further interrogation, giving him Tylenol for the pain. There is no indication that the medic reported this abuse. The full document is online at www.aclu.org/projects/foiasearch/pdf/DOD052120.pdf

Today’s documents come in response to a Freedom of Information Act (FOIA) request filed by the ACLU, the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense and Veterans for Peace. The New York Civil Liberties Union is co-counsel in the case.

To date, more than 100,000 pages of government documents have been released detailing the torture and abuse of detainees. The ACLU recently launched a new powerful search engine for the public to access the documents at www.aclu.org/torturefoiasearch. The search engine allows people to uncover details about abuse that may not have been reported in the media, said the ACLU.

The FOIA lawsuit is being handled by Lawrence Lustberg and Megan Lewis of the New Jersey-based law firm Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C. Other attorneys in the case are Amrit Singh, Jameel Jaffer and Judy Rabinovitz of the ACLU; Arthur Eisenberg and Beth Haroules of the NYCLU; and Barbara Olshansky of the Center for Constitutional Rights.

The documents released today are available online at: action.aclu.org/torturefoia/released/050206/

More than 750

More than 750

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That’s the number of laws that Bush has claimed authority to disobey.

Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ”whistle-blower” protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.

Legal scholars say the scope and aggression of Bush’s assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government.

The President’s job is to faithfully execute the laws. In his (or his advisors’) view, the Supreme Court’s job and the Congress’ job is really his job too.

I think that perhaps he’s spent a little too much time with the Royal Family – no, not his own, but the Saud variety. American boots on the ground in Saudi Arabia, protecting the regime of the royal family, acted as one of the first recruiting points for bin Laden’s terrorist network (despite his own ties) there. Our role in the middle east has been unpopular — supporting dictators, establishing military bases, things like that. Our decades-long protection of this family has been documented to some extent already – but I fully expect to see more revelations of just how deep our complicity has been, and how much it has really cost, as time goes on. Meanwhile, they’re raking it in even faster than ExxonMobil.

In any case, the expansion of executive power in this administration has been striking. They must feel very confident in continuing “Republican” power (They’re not really Republicans, are they…).

Here’s how it’s done, the modus operandi: Signing statements. It’s a form of crossing fingers behind your back, if you remember that children’s “loophole on a promise.”

Bush is the first president in modern history who has never vetoed a bill, giving Congress no chance to override his judgments. Instead, he has signed every bill that reached his desk, often inviting the legislation’s sponsors to signing ceremonies at which he lavishes praise upon their work.

Then, after the media and the lawmakers have left the White House, Bush quietly files ”signing statements” — official documents in which a president lays out his legal interpretation of a bill for the federal bureaucracy to follow when implementing the new law. The statements are recorded in the federal register.

In his signing statements, Bush has repeatedly asserted that the Constitution gives him the right to ignore numerous sections of the bills — sometimes including provisions that were the subject of negotiations with Congress in order to get lawmakers to pass the bill. He has appended such statements to more than one of every 10 bills he has signed.

”He agrees to a compromise with members of Congress, and all of them are there for a public bill-signing ceremony, but then he takes back those compromises — and more often than not, without the Congress or the press or the public knowing what has happened,” said Christopher Kelley, a Miami University of Ohio political science professor who studies executive power.

Here are a couple of examples:

Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.

Bush’s signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.

Oct. 29, 2005: Defense Department personnel are prohibited from interfering with the ability of military lawyers to give independent legal advice to their commanders.

Bush’s signing statement: All military attorneys are bound to follow legal conclusions reached by the administration’s lawyers in the Justice Department and the Pentagon when giving advice to their commanders.

Nov. 6, 2003: US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general must tell Congress if officials refuse to cooperate with his inquiries.

Bush’s signing statement: The inspector general ”shall refrain” from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations.

The method of “no veto, then ignore with signing statement” is deceitful, especially given the way he does it. A Presidential veto can be overturned by Congress, but this cross your fingers behind your back is just plain infantile – not to mention creepy – and more than 750 examples is rather excessive.

“Ha-ha – take it back! Fooled ya again!”

It’s amazing to me that Congress is handing over its powers like this. It’s got to burn even the most rabid right-wingers a little bit.