Misblog

Originally Published March 13, 2009; Last Updated and Republished August 24, 2009:

The Obama Administration ditches "unitary executive—enemy combatant" logic used during King Bush the Idiot's reign to justify its kingly prerogative; abuses of power; illegal, unlawful, indefinite, and arbitrary detentions; torture and cruel and inhumane treatment of human beings¹.

Res:

• UPDATED 06/10/2009 Alexander Hamilton, Letter from Phocion

  "Nothing is more common than for a free people, in times of heat and violence, to gratify momentary passions, by letting into the government, principles and precedents which afterwards [sic] prove fatal to themselves...if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent victim of a prevailing faction. The name of liberty applied to such a government would be a mockery of common sense."--Letter from Phocion--

Web:

• UPDATED 08/24/2009 NYT, Justice Dept. Report Advises Pursuing C.I.A. Abuse Cases⁵ and NYT, C.I.A. Abuse Cases Detailed in Report on Detainees and the long suppressed 2004 CIA IG Report (4.2M pdf).

  Those arguing that America should or can ignore its unique and cherished principles because the person tortured is or may be a terrorist are substituting opportunistic logic for principled reasoning—ironically and perhaps counter-intuitively they weaken our nation while asserting its strength.

  One wonders whether any person understands or values our nation's unique and cherished principles if that person so willingly and eagerly exchanges those principles for punishment.

  Kudos to our Attorney General for insisting that those accused of engaging in torture be investigated and prosecuted as appropriate.

• UPDATED 08/22/2009 NYT, Report Provides New Details on C.I.A. Prisoner Abuse.

  Abd al-Rahim al-Nashiri was tortured and unless changed will appear before a King Bush the Idiot Kangaroo Kommission Kourt—we can only hope the Kangaroo Kommission Kourts are repealed before they cause even more harm to America.

  The full report by CIA Inspector General John L. Helgerson is expected to be released on Monday, August 24, 2009.

• UPDATED 08/20/2009 Reuters, Obama admin to transfer six Guantanamo prisoners

• UPDATED 08/03/2009 Reuters, Task force weighs moving Guantanamo prisoners to U.S..

  Combining or commingling King Bush the Idiot's Kangaroo Kommissions with our respected federal judiciary will harm the later and do nothing to change the kangaroo kharacter of the former.

  All Kangaroo Kommissions must be scrapped in their entirety and the Kangaroo Kommission Act of 2006 repealed in its entirety.

  America does not do Kangaroo Kommissions—the choices are hold in accordance with the laws of war or trial by rule of law in a regularly constituted federal court or military equivalent (i.e. court martial).

• UPDATED 07/30/2009 CSM, Obama will close Gitmo on time, officials say.

  The administration also tells Congress Tuesday that it will decide the status of all 229 detainees by October 01, 2009.

• UPDATED 07/20/2009 NYT, Panel Misses Deadline in Reviewing Guantánamo.

  The president's Special Interagency Task Force on Detainee Disposition has issued an interim five-page report (a link is illusive—not in reports or any of the obvious places—upcoming) in-lieu of a full report.

  Our energetic president is likely discovering that he has to fight big congressional battles serially instead of parallel—healthcare has likely temporarily trumped other issues?

• UPDATED 07/16/2009 Reuters, September 11 suspects hold up Guantanamo hearing.
• UPDATED 07/08/2009 UPI, Rights group wants end to terror tribunals.

• UPDATED 06/24/2009 UPI, U.N.: Try or release Guantanamo detainees.

  "People who order or inflict torture cannot be exonerated, and the roles of certain lawyers, as well as doctors who have attended torture sessions, should also be scrutinized,"--UPI quoting Navanethem Pillay, United Nations high commissioner for human rights--

• UPDATED 06/17/2009 Reuters, U.S. has decided fate of half Guantanamo detainees.

• UPDATED 06/13/2009 Reuters, US Republicans hammer Democrats on Guantanamo.

  What else can the party of King Bush the Idiot do—acknowledge King Bush the Idiot’s presidency was one of the most lawless, abusive, and ineffective⁴ in America’s history?

• UPDATED 06/09/2009 NPR, First Guantanamo Detainee Arrives In U.S..

• UPDATED 06/09/2009 BBC, CIA warns over terror documents.

  Panetta makes the by now tired and routine argument that America has an exceptionally grave interest in torture documents—hopefully, soon we'll run out of officials asserting this argument with respect to our torture documents.

  The only exceptionally grave interest we have in all torture documents is in their public disclosure.

  All torture documents must be publicly disclosed. Our government should need not await a request or lawsuit, just disclose all the torture documents.

• UPDATED 06/06/2009 UPI, White House seeks Guantanamo changes. A guilty plea to a Kangaroo Kommission is Kangaroo Justice.

  How ironic that America will live the rest of its history having to defend the killing of tortured terrorists using a Kangaroo Kommission—"Killed by Kangaroo Kommission" will be the forever epataph—their victims barely a thought!

• UPDATED 06/01/2009 Reuters, U.S. judge: Guantanamo evidence must be made public.

  "Public interest in Guantanamo Bay generally and these proceedings specifically has been unwavering,...Publicly disclosing the factual returns would enlighten the citizenry and improve perceptions of the proceedings' fairness."--Reuters quoting U.S. District Judge Thomas Hogan--

• UPDATED 05/18/2009 UPI, Groups seek to have Bush lawyers disbarred.

• UPDATED 05/17/2009 UPI, GOP attacks Obama over Guantanamo Bay plan.

  The logic linking secret interrogation and torture centers like Guantanamo or usage of modern Star Chambers with America's security is risible—but even after we removed those advocating and implementing such a risible linkage from power those in power seem to be wandering in the wilderness looking for some nonpartisan land!

  At least Senator Mitch McConnell (R-KY)³ is nice enough to transcribe his repeated condemnations of those opposing any linkage between secret interrogation and torture centers like Guantanamo or usage of modern Star Chambers and America's security.

• UPDATED 05/16/2009 NYT, Obama After Bush: Leading by Second Thought.

• UPDATED 05/15/2009 NYT, Obama Will Keep Detainee Trial System, Angering Allies.

  This is a most unfortunate and unnecessary near fatal or fatal decision by the Obama administration. One which enables King Bush the Idiot's torture cancer to metastasize and substantially weaken if not strike a self-inflicted mortal blow to the Obama administration.

• UPDATED 05/15/2009 UPI, Groups decry Obama's commission decision.
• UPDATED 05/15/2009 BBC, Obama 'to revive military trials'.

• UPDATED 05/14/2009 Reuters, Obama weighing holding terror suspects in U.S.: report.

  Yet, another cancerous proposal supported (if not originated) by Senator Lindsey Graham² (R-SC)—the completely discredited senator from South Carolina primarily responsible for bring us our current cancerous Guantanamo Kangaroo Kommissions.

  Any proposal adding a secret federal court to our judiciary capable of indefinite detention, conducting secret Kangaroo Kommissions, holding secret kangaroo proceedings, using kangaroo rules of evidence, relying on secret evidence, implementing "rule by law" instead of "rule of law" will just metastasize the Guantanamo Kangaroo Kommission cancer to our currently respected federal judiciary.

• UPDATED 05/11/2009 UPI, Judge gives military commission go-ahead. Torture, whenever engaged in by our government and regardless of the asserted justification, is so repulsive, hideous, egregious, outrageous, inhumane, and inhuman that it must act as a complete or partial bar to prosecution—not simply to exclude primary and derivative evidence obtained by torture.

• UPDATED 05/02/2009 UPI, U.S. looking to keep Gitmo tribunals. Keeping the Kangaroo Kommissions is not an option—all detainees must be tried in a regularly constituted federal court or military equivalent (i.e using the Uniform Code of Military Justice) court.

  If the detainees cannot be tried in a regularly constituted federal court or military equivalent then those detainees must be released.

• UPDATED 04/18/2009 BBC, CIA torture exemption 'illegal'.

  "The United States, like all other states that are part of the UN convention against torture, is committed to conducting criminal investigations of torture and to bringing all persons against whom there is sound evidence to court,"--BBC quoting UN special rapporteur on torture, Manfred Nowak--

• UPDATED 04/09/2009 NYT, C.I.A. Closing Secret Overseas Sites for Terror Detainees. You remember these sites—the ones King Bush the Idiot falsely announced he closed.

  The "short period" of time during which the CIA "holds" or "detains" any individual must be explicitly stated both in duration and purpose. At no time should there be any unaccountable time period during which the CIA "holds or detains" any person. All such "short periods of holding or detaining" must be immediately disclosed to an Article III judge and publicly disclosed in due course consistent with investigation and security requirements.

  • CIA bars contractors from doing interrogations

• UPDATED 03/16/2009 Reuters, Red Cross report describes "torture" at CIA jails.

  "The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman or degrading treatment."--Journalist Mark Danner quoting leaked 2007 ICRC Report--

  • WP, Red Cross Described 'Torture' at CIA Jails
  • NPR, Author [Mark Danner] Sheds Light On CIA's 'Black Sites' (audio)
  • NYT OpEd, Tales From Torture’s Dark World

  • NYT Review of Books, US Torture: Voices from the Black Sites

    • NYT Podcast, Mark Danner on the ICRC Report on US Torture (mp3)

  • Newsweek, The 9/11 Commission and Torture.

    The "blind spot" was intentionally enforced by the commission co-chairs under "greater good" logic.

    It doesn't mean that we shouldn't pattern the torture investigation after it, only that we need not intentionally include the blind spot (the conditions that lead to the 9/11 commission's intentional imposition of the blind spot are not present now).

    Perhaps we can now augment the 9/11 commission's work to eliminate its blind spot concurrent with the work of the upcoming torture investigation commission?

• UPDATED 03/13/2009 Reuters, U.S. Guantanamo inmates no more "enemy combatants".

  "As we work toward developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law"--Reuters quoting U.S. Attorney General Eric Holder--

• UPI, U.S. drops 'enemy combatant' process.

-----notes-----

1. Criminal violations of American law, international law, international conventions, rule-of-law, and democratic principles for which King Bush the Idiot et al. must be investigated and prosecuted, as appropriate. Including but not limited to:

• UPDATED 07/12/2009 Reuters, US top prosecutor considering torture investigation

  The concept of "good faith torturer" is non-extant—no nation may authorize torture and no human being may torture in good faith.

  All nations or persons asserting reliance on either for alleged acts of torture must be investigated and prosecuted, as appropriate, in accordance with both national and international laws and conventions.

  • UPDATED 07/11/2009 NYT, Attorney General May Call for Interrogation Inquiry

• UPDATED 03/19/2009 In a March 2009 report the United Nations Special Rapporteur Martin Scheinin urges States to investigate their incidents of extraordinary renditions, torture, disappearances, secret detentions or any other serious human rights violation:

  "72. The Special Rapporteur [Martin Scheinin] urges all relevant authorities of countries that have allegedly participated in extraordinary renditions, torture, disappearances, secret detentions or any other serious human rights violation to investigate fully any wrongful acts of intelligence agencies committed on their territory. States must ensure that the victims of such unlawful acts are rehabilitated and compensated. States must also stop transferring anyone to the custody of the agents of another State, or facilitating such transfers, unless the transfer is carried out under judicial supervision and in line with international standards."--Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, February 04, 2009--

  You can read a short summary of some provision at Enduring America Blog or download a the entire report from the UK Guardian site (pdf).

2. Hopefully South Carolinians (and other states) realize they can replace their senators every six years—there is no need to wait 46 years as in the case of South Carolina Senator Strom Thurmond.

Unfortunately, they'll have to wait until 2015 to replace the class II Graham.

Perhaps we need federal term limits?

3. McConnell is in class II up for re-election in 2015—how about having some class III senators, up for re-election in 2011, take to the senate floor advocating McConnell's nonsense?

4. Spending three trillion dollars on two wars, perpetually declaring war on terrorists worldwide, waking up every morning terrified to read the threat matrix, declaring every Muslim an enemy combatant, using secret interrogation and torture centers, and conducting torture was anything but effective.

5. UPDATED 08/24/2009 Unfortunately, the attorney general has severely circumscribed the scope of Special Prosecutor John Durham's authority to not include investigation of King Bush the Idiot and senior jesters.

Hopefully the special prosecutor's scope will be enlarged as the investigation proceeds and facts warrant. The special prosecutor must have authority to investigate the entire barrel of rotten apples.