Whatever Happened to the Department of Justice?
Posted: March 6, 2012 Filed under: Central Intelligence Agency, Civil Liberties, Injustice system, Middle East, Patriot Act, U.S. Politics | Tags: Assassination of US citizens abroad, Eric Holder, terrorism 13 CommentsMaybe we should change the name of the DOJ to the Department of Expedience. The War on Terrorism continues to be a War on the American and our Constitutional idea of justice. Eric Holder’s
speech yesterday at Northwestern’s School of Law puzzles many of us that had hoped a change from the Bush/Cheney regime would mean a return to civil liberties. Assassination of US citizens–implying no trial, no jury of peers, and no due process–by classifying them as terrorists is an end run around our Constitution that must not stand. Eric Holder’s thin justification of the Obama policy of assassination sounds a lot like triangulation.
Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. “Due process” and “judicial process” are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
Glenn Greenwald explains it like this.
When Obama officials (like Bush officials before them) refer to someone “who is a senior operational leader of Al Qaeda or associated forces,” what they mean is this: someone the President has accused and then decreed in secret to be a Terrorist without ever proving it with evidence.
This process still seems to be a murky one as pointed out at Empty Wheel. This is beyond unacceptable.
As of a month ago–four months after Awlaki was killed–the Senate Intelligence Committee had not been provided with the legal framework for Awlaki’s kill. This, in spite of the fact that SSCI member Ron Wyden had been requesting that framework for over five months before Awlaki was killed.
I said when Wyden made that clear that it showed there had not been adequate oversight of the killing. By his words–if not his deeds–Holder effectively made the same argument.
The speech appears to be an elaborate justification of a policy that could basically spin on the whims of a president and his/her cronies. This is especially appalling given the FBI “stings” that have been aimed at catching terrorists that seem more aptly labelled as pushing some depressed, emotionally damaged people into becoming aspirational terrorists and then enabling them to do something dangerous. I can only assume that the CIA is probably just as bad if not worse.
The Holder speech was weak as a public explanation. It’s basis in law appears weaker.
Still, the speech contained no footnotes or specific legal citations, and it fell far short of the level of detail contained in the Office of Legal Counsel memo — or in an account of its contents published in October by The New York Times based on descriptions by people who had read it.
The administration has declined to confirm that the memo exists, and late last year, The Times filed a lawsuit under the Freedom of Information Act asking a judge to order the Justice Department to make it public. In February, the American Civil Liberties Union filed a broader lawsuit, seeking both the memo and the evidence against Mr. Awlaki.
Last month, Justice Department court filings against Umar Farouk Abdulmutallab, the Nigerian man who attempted to blow up a Detroit-bound airliner on Dec. 25, 2009, provided a detailed account — based on his interrogations — of Mr. Awlaki’s alleged involvement.
Mr. Holder, by contrast, did not acknowledge the killing of Mr. Awlaki or provide new details about him, although he did mention him in passing as “a U.S. citizen and a leader” of Al Qaeda’s Yemen branch when discussing Mr. Abdulmutallab.
Holder even objects to the word “assassinations”.
Holder also noted that in using lethal force, the United States must make sure that it is acting within the laws of war by ensuring that any target is participating in hostilities and that collateral damage is not excessive. And he noted that law-of-war principles “do not forbid the use of stealth or technologically advanced weapons” — an apparent reference to drones.
More broadly, Holder argued that the targeting of specific senior belligerents in wartime in not unusual, and noted the 1943 U.S. tracking and shooting down of the plane carrying Japanese Adm. Isoroku Yamamoto, the commander of the attack on Pearl Harbor.
He said that “because the United States is in an armed conflict, we are authorized to take action against enemy belligerents under international law . . . and our legal authority is not limited to the battlefields of Afghanistan.”
Holder said he rejected any attempt to label such operations “assassinations.”
“They are not, and the use of that loaded term is misplaced,” he said. “Assassinations are unlawful killings. Here, for the reasons I have given, the U.S. government’s use of lethal force in self-defense against a leader of al-Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful — and therefore would not violate the executive order banning assassination or criminal statutes.”
Holder said “it is preferable to capture suspected terrorists where feasible — among other reasons, so that we can gather valuable intelligence from them — but we must also recognize that there are instances where our government has the clear authority — and, I would argue, the responsibility — to defend the United States through the appropriate and lawful use of lethal force.”
I am not a constitutional lawyer. I do not even play one on TV so I can’t speak to the finer points of the due process clause. I just know this does not pass my “smell test”. I have read statements by lawyers. Here’s a sampling from MOJO and Adam Sewer.
Both supporters and opponents of the administration’s targeted killing policy offered praise for the decision to give the speech. They diverged, however, when it came to the legal substance. “It’s essential that if we’re going to be doing these things, our top national security and legal officials explain why it’s legal under international and constitutional law,” said Benjamin Wittes, a legal scholar with the Brookings Institution, who said he thought the speech fulfilled that obligation. “I think [the administration] is right as a matter of law.”
In a statement, Hina Shamsi, director of the ACLU’s national security project, called the authority described in the speech “chilling.” She urged the administration to release the Justice Department legal memo justifying the targeted killing program—a document that the ACLU and the New York Times are currently suing the US government to acquire. “Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.”
Here’s a point-by-point list of things that I think is worth reading from Lawfare. This is a small portion of that article. I really suggest you go read all of the points to get an understanding of the policy and its process.
That is, the speech asserts that Due Process permits targeting of a citizen at least when the target is:
(i) located abroad rather than in the United States,
(ii) has a senior operational role
(iii) with al Qaeda or an al Qaeda-associated force,
(iv) is involved in plotting focused on the death of Americans in particular,
(v) that threat is “imminent” in the sense that this is the last clear window of opportunity to strike,
(vi) there is no feasible option for capture without undue risk, and
(vii) the strike will comply with the IHL principles of necessity, distinction, proportionality, and humanity
All of this takes away from the many questions surrounding the first recipient of the assassination treatment. Marcy at Empty Wheel reminds of the thin ice upon which Holder skates.
Perhaps it’s because of all the dubious reasons the Administration continues to keep its case against Anwar al-Awlaki secret, but Eric Holder gave the impression of not knowing precisely what evidence the government had shown against Awlaki.
Or, deliberately misrepresenting it.
Holder mentioned Awlaki just once–purportedly to summarize Abdulmutallab’s case against Awlaki they released last month.
For example, in October, we secured a conviction against Umar Farouk Abdulmutallab for his role in the attempted bombing of an airplane traveling from Amsterdam to Detroit on Christmas Day 2009. He was sentenced last month to life in prison without the possibility of parole. While in custody, he provided significant intelligence during debriefing sessions with the FBI. He described in detail how he became inspired to carry out an act of jihad, and how he traveled to Yemen and made contact with Anwar al-Aulaqi, a U.S. citizen and a leader of al Qaeda in the Arabian Peninsula. Abdulmutallab also detailed the training he received, as well as Aulaqi’s specific instructions to wait until the airplane was over the United States before detonating his bomb. [my emphasis]
Note, this misrepresents what Abdulmutallab said, at least as shown by the summary released last month (setting aside the reasons DOJ chose not to test those claims at trial). What the summary did say was that Awlaki gave Abdulmutallab specific instructions to ignite his bomb while over the US. It did not say Awlaki was “a leader of al Qaeda in the Arabian Peninsula.” That’s DOJ’s elaboration, a frankly dishonest one, given the construction (and one that was probably at least significantly challenged by the intelligence Jubeir al-Fayfi delivered ten months after Abdulmutallab gave his testimony).
This is obviously a complex situation that needs full time attention by a lot of folks with a lot more than I can provide here. It’s something, however, we all need to follow.
There’s A Hot Wind Blowing
Posted: March 5, 2012 Filed under: #Occupy and We are the 99 percent!, Anti-War, Austerity, Banksters, Civil Liberties, Department of Homeland Security, financial institutions, income inequality, Russian elections 8 CommentsThere were few surprises in yesterday’s Russian election. Vladimir Putin won in what he declared a ‘clean victory.’ For his side.
For protestors of the last few months, the White Ribbon movement, opinion was to the contrary, comments generally expressing ‘shame, disgrace, treachery.’ Yet according to official results, Putin pulled a 64% majority, well over the 50%, which would require a run-off vote. Independent observers, however, reported widespread irregularities, insisting that Putin’s majority was perilously close to the 50% cliff. According to one observer, Roman Udot, with Galos, a free election watchdog organization, which recorded many cases of multiple voting and voter intimidation:
“It’s one pixel away from a second round.”
What was the reaction to Putin’s victory speech? Thousands of protestors hitting the streets in Moscow and St. Petersburg. And combat-style police, 12,000 reported in Moscow alone, on the ready.
One of the details that piqued my interest was the fact that Putin’s support comes heavily from elderly pension holders. Putin has been wise enough to keep the pension money flowing, even with a slight increase. For the older generation, Putin is the Devil they know. For the digital-savvy young? Not so much. The educated middle-class have reached a tipping point, disgusted with governmental fraud, corruption and political lip service to democratic principles.
This is not a new phenomenon. Social uprisings have been springing up all over. Currently, we’re watching Syria fall apart, desinigrating into civil war. This is on the heels of insistent calls for change across the Middle East—Egypt, Bahrain, Yemen, Libya—the message of which spread like a virus across Europe, the UK, the United States, Japan, China and now Russia.
Say what the pundits will but just beneath our own political process, the charade of another electoral season guided and shaped by money and corporate interests, there’s a hot wind blowing. The strident cacophony of the right wing, each member trying to outdo the other with outrageous comments or the pitiful whines of Wall St. bemoaning the decline in kingly bonuses, only underscores the obvious: the self-regulating, free market, privatize-the-world philosophy is a bust. Fraud is as wide as our broken housing market, the Big Lie deeper than a fracking well.
The intriguing question is what common denominators run through all these movements, despite the vast geographical/political differences? And why, presumably, did these social/political movements catch so many pundits, experts and leaders by surprise?
These are two of the questions, Paul Mason, a UK journalist and Economics Editor for the BBC attempts to answer in his book: ‘Why It’s Kicking Off Everywhere: The New Global Revolutions.’ Mason brings on-the-ground reporting, essay-like reflections, economic insights as well as a historical perspective to what we read in the headlines, websites and tweets of last year. And what we might expect coming at us, all of us in the coming months. He also does an effective job of bringing the pain, the anxiety, the suffering of people caught in the jaws of poverty, austerity and political crackdowns to life. We can see it. We can feel it and understand that we share more with the rest of the world than we have differences. This is a shattering truth.
The ‘why’ of the Dissent that Circled the World is intricately tied to the shuddering economic principles of globalization, fueled by a neoliberal narrative, the particular type of capitalism that has been favored and defended for the last forty years and has enriched the top 1% at the expense of everyone else. This is a system that insists markets are self-regulating, that free, unimpeded markets are the path to Paradise and privatization is always superior to public [government] direction. It is an ideology that refuses to look at the damage caused to vast swaths of the world’s population–the liberties extinguished, the income inequality produced, the environmental destruction–the very realities which are rejected, even when the evidence is undeniable. For instance, the global economic collapse and the implications of climate change.
Mason has reduced the drivers of the world-wide pushback to three main factors: graduates without a future, the rise and sophistication of social networks and the change in consciousness those very networks have produced, particularly as it relates to the definition of freedom and what that really means to ordinary people. Social networks—Facebook, twitter and cell phone usage—have changed the way we see and interact with one another and have fundamentally erased barriers of class, nationality, language and geographical distances. This is the hum of the hive and it’s growing stronger, which is why it’s regarded as a threat.
Anyone thinking the use of the word ‘threat’ is hyperbole should check the recent bill [HR 347] passed overwhelmingly in the US Congress making it a felony to participate in many of the Occupy Wall Street protests of last year. In fact, the bill has been coined the ‘anti-Occupy bill.’ Why haven’t we heard about this? Where is our brave press, the Fourth Estate, defending American liberty? They claim it simply isn’t relevant—no big deal. Interesting too–not a single Democrat voted against the bill’s passage. Not one. In fact, it’s reported that only Ron Paul and two other Republicans voted ‘nay.’ The bill’s vague language leaves the discretion regarding events of ‘national significance’ up to the discretion of the Department of Homeland Security.
Why is there a hot wind blowing? This is why.
Margaret Sanger: A Rebel With A Mighty Cause
Posted: February 6, 2012 Filed under: birth control, black women's reproductive health, children, Civil Liberties, education, Feminists, health, Hillary Clinton, Human Rights, just because, Planned Parenthood, PLUB Pro-Life-Until-Birth, Women's Rights | Tags: An American Rebel, Birth Control, contraception, Margaret Sanger, sex education, women's reproductive rights 11 CommentsA Book Review; Review of a Life
Two weeks ago, I had the pleasure of catching Jean Baker, history professor at Goucher College, featured on BookTV. Baker discussed her book ‘Margaret Sanger: A Life of Passion,’ but more importantly connected the dots between the Right Wing’s attack on Sanger and the Pro-Choice, Family Planning movement.
A couple years ago while Glenn Beck hurled his diatribes, chalk boarding his twisted worldview on an unsuspecting public, he took Margaret Sanger to task. Beck described Sanger as one of his ‘evil’ progressives, a woman dedicated to racism and the application of eugenics in America.
The attack startled me. Why Sanger? I knew she had spearheaded the whole idea of inexpensive, reliable contraception and that her family clinics and her own reputation had come under constant assault. Anything and everything having to do with sexual behavior was taboo when Sanger began her work in the early, heady days of the 20th century. I also knew that Hillary Clinton had specifically mentioned Sanger as a personal hero. At the time, I thought that was Beck’s aim—discredit Sanger, discredit Clinton.
Au contraire!
Though Hillary Clinton did, in fact, make it on the list of evil progressives [along with Teddy Roosevelt, Wilson, FDR, even Lindsey Graham and John McCain], the attack on Margaret Sanger had and continues to have far broader implications. This is particularly true in any discussion of birth control, abortion and/or family planning and in the midst of a concerted effort to push a fetal personhood amendment to the fore.
The recent dustup between the Komen Foundation and Planned Parenthood is a case in point. Women’s healthcare has become politicized. We as women are discussed in a myriad of parts—our uteruses, our vaginas, our breasts, our reproductive capabilities. Too often, our autonomy as full-fledged human beings, adults capable of thought and decision-making about our own destiny is dismissed, made secondary to the considerations of others. Sadly, today’s opposition to female self-determination is the same that Sanger faced throughout her lifetime: men, who were convinced they had the right to an opinion and the hierarchy of the Catholic Church and other religious institutions that felt and continue to feel perfectly justified to chime in, making moral declarations, complete with Biblical arguments and opinions.
Professor Baker claims [and makes a very good argument] that the attack on Sanger’s work is also directly related to the attacks now being waged—female autonomy, the ability for women to direct their own reproductive lives. But Sanger had an especially hard road to travel, introducing her radical vision on the heels of the Victorian era.
Whatever’s old is new again!
While reading Baker’s new biography, I was startled by the similarity of the arguments, the pitfalls, the myriad of excuses to block any and all reasonable discussion when it comes to reproductive freedom. That being said, it’s hard to contemplate a time when the very discussion of or writing about birth control was considered perverse, pornographic and could end in jail time. Such was the case in the early 20th century.
Sanger’s efforts were so reviled by the status quo and Catholic Church that she was forced to leave the country for a brief stay in the UK or face arrest. She faced continuous harassment and was eventually arrested for her public, relentless stands. But ironically, this woman who had a spotty formal education, no training in public speaking would become by age fifty, one of the most influential women in the world.
Why? Because she would not stop. Because she was totally gripped by a single, burning idea–women were entitled to information [sexual or otherwise] and had a right to be empowered when it came to their own bodies.
Her background was fertile for dissent, her family a template for radical reaction. Born Margaret [Maggie] Higgins in 1879 in Corning, NY., she was the sixth child of 11 surviving children. Her mother, a devout Catholic, died at the age of 48, suffering with tuberculosis, the scourge of the 19th and early 20th centuries.
But here’s a factoid that Sanger’s critics rarely mention: her mother had eighteen pregnancies during her short life.
Eighteen!
Sanger’s father, a stone carver who royally ticked off the Church with his firebrand criticisms of Rome’s dictates, found it difficult to provide for his huge, ever-growing family. The family was poor, shanty Irish poor, with too many mouths to feed and an increasingly sick mother, made all the worse by cramped, squalid surroundings.
Though her impossible dream had been medical school, Sanger went to New York City following her mother’s death. There she trained as a nurse and midwife and spent several years attending patients on the Lower East Side. The living conditions in the tenements were appalling—cramped, rat-infested, devoid of anything approaching basic hygiene. She watched scores of young immigrant women die of pregnancy-related complications and botched abortions [many self-performed]. And she listened to scores of these women beg attending physicians [when available], pleading for help to prevent back-to-back pregnancies, birthing more children than they were able to feed or care for. To no avail. From that experience, that massive wave of human suffering, the idea of birth control and family planning was born.
Sanger took the remedy upon herself. Because no one else dared.
A prolific self-taught writer, Sanger traveled across America and was invited around the world to speak to the issue of contraception, sex education and reproductive services. Her work became the basis for health clinics dedicated to the health and education of women. She was, in fact, the mother of Planned Parenthood.
Ahhhh. No wonder she’s on the enemies’ list.
So what are the arguments against Sanger? Read the rest of this entry »













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