It Can Happen Here

Posted: January 9, 2012 | Author: | Filed under: Barack Obama, Civil Liberties, court rulings, George W. Bush, Gitmo, Human Rights, legislation, torture | Tags: , , , , , , , , , , | 20 Comments

Lakhdar Boumedienne

Now that President Obama has signed the 2012 Defense Authorization Act, what happened to Lakhdar Boumediene could happen to any of us.

In a horrifying op-ed in yesterday’s New York Times Boumediene described how he was arrested in Bosnia in 2002 and held in Guantanamo for seven years without due process. At the time of his arrest Boumediene was working as a humanitarian aid worker focusing on helping children. During his imprisonment, he was never allowed to see his wife or his children, and received only a few of the many letters they sent him. The ones he did receive were cruelly censored.

Boumediene writes:

I left Algeria in 1990 to work abroad. In 1997 my family and I moved to Bosnia and Herzegovina at the request of my employer, the Red Crescent Society of the United Arab Emirates. I served in the Sarajevo office as director of humanitarian aid for children who had lost relatives to violence during the Balkan conflicts. In 1998, I became a Bosnian citizen. We had a good life, but all of that changed after 9/11.

When I arrived at work on the morning of Oct. 19, 2001, an intelligence officer was waiting for me. He asked me to accompany him to answer questions. I did so, voluntarily — but afterward I was told that I could not go home. The United States had demanded that local authorities arrest me and five other men. News reports at the time said the United States believed that I was plotting to blow up its embassy in Sarajevo. I had never — for a second — considered this.

The fact that the United States had made a mistake was clear from the beginning. Bosnia’s highest court investigated the American claim, found that there was no evidence against me and ordered my release. But instead, the moment I was released American agents seized me and the five others. We were tied up like animals and flown to Guantánamo, the American naval base in Cuba. I arrived on Jan. 20, 2002.

I still had faith in American justice. I believed my captors would quickly realize their mistake and let me go. But when I would not give the interrogators the answers they wanted — how could I, when I had done nothing wrong? — they became more and more brutal. I was kept awake for many days straight. I was forced to remain in painful positions for hours at a time. These are things I do not want to write about; I want only to forget.

Eventually he went on a hunger strike that lasted two years and was brutally force fed twice a day. Finally, in 2008, his case reached the Supreme Court.

In a decision that bears my name, the Supreme Court declared that “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.” It ruled that prisoners like me, no matter how serious the accusations, have a right to a day in court. The Supreme Court recognized a basic truth: the government makes mistakes. And the court said that because “the consequence of error may be detention of persons for the duration of hostilities that may last a generation or more, this is a risk too significant to ignore.”

When he was finally freed, France took him in, and he was reunited with his family. Boumediene writes that there are 90 prisoners at Guantanamo who have also been cleared to leave the facility, but they are being held because they are from countries where they would be tortured or killed if they returned.

So there they sit, not guilty of any crime but held in indefinite detention. Just as you or I could be held if this president or the next one decides we somehow helped or supported terrorism.

TGIFriday Reads

Posted: October 7, 2011 | Author: | Filed under: Afghanistan, Foreign Affairs, Global Financial Crisis, morning reads, New Orleans, Women's Rights | Tags: , , , , , , , | 18 Comments

Good Morning!

Wow!  It’s Friday!  The week has sort’ve whizzed by for me and I have to admit to feeling like the days are blending together.  The weather is great down here right now.  October in New Orleans is usually a nice blend of perfect weather and no real surge in tourists so that’s a good change.  We had an Occupy New Orleans march–I didn’t make it–that seemed well attended and non-eventful.  I had a lot of friends that showed up and they took a lot of pictures.  I think we all should try to share the events in our individual cities if we get a chance. I’m really hoping this movement doesn’t get captured by the political establishment.

Taking its cues from the New York protest, Occupy New Orleans makes all its decisions through “general assembly,” a series of votes that aims to reflect the views of everyone involved. The process can be lengthy — simply selecting the march’s route took three hours for the group of about 100 to decide.

That’s one reason the group has not made a list of concrete goals, though it intends to in the upcoming weeks, said participant Michael Martin, 25. The movement also has no leader or spokesperson — each member is allowed one vote. The resultant lack of a coherent message has drawn skepticism even from would-be sympathizers.

Organizers of the New Orleans protest say they expect hundreds to participate; the group has more than 1,000 followers on Twitter and more than 4,100 fans on Facebook. The group received permits Wednesday allowing them to march, according to New Orleans Police Department spokeswoman Remi Braden.

In light of 700 protestors’ arrests in New York City on Saturday, Occupy New Orleans held a training session for legal observers Tuesday that drew 20 people, mainly law students.

We really need to have a huge conversation about the idea that a “secret panel” can put an American citizen on a kill list without actual due process in the courts.  Here’s a start at that discussion from Reuters.

There is no public record of the operations or decisions of the panel, which is a subset of the White House’s National Security Council, several current and former officials said. Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.

The panel was behind the decision to add Awlaki, a U.S.-born militant preacher with alleged al Qaeda connections, to the target list. He was killed by a CIA drone strike in Yemen late last month.

The role of the president in ordering or ratifying a decision to target a citizen is fuzzy. White House spokesman Tommy Vietor declined to discuss anything about the process.

Current and former officials said that to the best of their knowledge, Awlaki, who the White House said was a key figure in al Qaeda in the Arabian Peninsula, al Qaeda’s Yemen-based affiliate, had been the only American put on a government list targeting people for capture or death due to their alleged involvement with militants.

The White House is portraying the killing of Awlaki as a demonstration of President Barack Obama’s toughness toward militants who threaten the United States. But the process that led to Awlaki’s killing has drawn fierce criticism from both the political left and right.

In an ironic turn, Obama, who ran for president denouncing predecessor George W. Bush’s expansive use of executive power in his “war on terrorism,” is being attacked in some quarters for using similar tactics. They include secret legal justifications and undisclosed intelligence assessments.

Yeah, that’s the word I’m thinking …. ironic… not!!  I am very much attuned to the situation in Europe.  The banks have pretty much done it to us again and it looks like there will be more bail outs coming.  There’s a lot of talk that it could be worse than 2007-2008.  Here’s ZeroHedge’s take on a BBC insider interview with an IMF advisor that says: “In The Absence Of A Credible Plan We Will Have A Global Financial Meltdown In Two To Three Weeks”.  The interview is posted there if you’re more curious.

A week after the BBC exploded Alessio Rastani to the stage, it has just done it all over again. In an interview with IMF advisor Robert Shapiro, the bailout expert has pretty much said what, once again, is on everyone’s mind: “If they can not address [the financial crisis] in a credible way I believe within perhaps 2 to 3 weeks we will have a meltdown in sovereign debt which will produce a meltdown across the European banking system. We are not just talking about a relatively small Belgian bank, we are talking about the largest banks in the world, the largest banks in Germany, the largest banks in France, that will spread to the United Kingdom, it will spread everywhere because the global financial system is so interconnected. All those banks are counterparties to every significant bank in the United States, and in Britain, and in Japan, and around the world. This would be a crisis that would be in my view more serious than the crisis in 2008…. What we don’t know the state of credit default swaps held by banks against sovereign debt and against European banks, nor do we know the state of CDS held by British banks, nor are we certain of how certain the exposure of British banks is to the Ireland sovereign debt problems.”

But no, Morgan Stanley does, or so they swear an unlimited number of times each day. And they say not to worry about anything because, you see, it is not like they have any upside in telling anyone the truth. Which is why for everyone hung up on the latest rumor of a plan about a plan about a plan spread by a newspaper whose very viability is tied in with that of the banks that pay for its advertising revenue, we have one thing to ask: “show us the actual plan please.” Because it is easy to say “recapitalize” this, and “bad bank” that. In practice, it is next to impossible. So yes, ladies and gentlemen, enjoy this brief relief rally driven by the fact that China is offline for the week and that the persistent source of overnight selling on Chinese “hard/crash landing” concerns has been gone simply due to an extended national holiday. Well, that holiday is coming to an end.

Some of the weaker Spanish banks have been nationalized.  It will be very interesting to see what comes out of this.

Austrailia's Status of Women Minister, Kate Ellis

 Australia’s Status of Women Minister, Kate Ellis says that “mindless bias” holds women back in her country.  She’s been making the rounds arguing about a report that shows that gender differences in salary and position cannot be explained away by either occupational choices or other factors. Can you imagine Valerie Jarret holding US corporations to account for not promoting and hiring women? Oh, wait, the Prime Minister’s name is Julia … hmmmmm.

”We are saying very clearly to corporate Australia, we want to work in partnership with you to change this – and it’s an offer that I hope corporate Australia will take that up and we don’t have to take that conversation any further.”

Asked yesterday about the portrayal of women in the media, Ms Ellis said there was sometimes unequal treatment ”handed out”, and said the treatment of the Prime Minister, Julia Gillard, was ”a case study before our eyes”.

”I think there’s a really interesting issue, where often I will be encouraging people where if you see unfair treatment, if you see discrimination you should stand up and call it out for what it is,” she said.

”In politics, there’s often the opposite pressure, where if you do that constantly it looks like female politicians are whingeing and they’re not tough enough to handle the environment.”

She said her office was collating examples of the media dealing with gender issues in ways that were not ”acceptable”.

According to the government’s latest census of women in leadership, last year females made up just 8.4 per cent of directors and 8 per cent of executive managers in ASX200 companies.

The report calls for companies to adopt a range of reforms, including making their workplaces more flexible and setting targets for gender diversity.

The Guardian has a killer interview up with retired US General McChrystal who says the US is only about 1/2 done with the war in Afghanistan.  That means 10 more years if he’s right.

The US began the war in Afghanistan with a “frighteningly simplistic” view of the country and even 10 years later lacks the knowledge that could help bring the conflict to a successful end, a former top commander has said.

Retired US army general Stanley McChrystal said in remarks at the Council on Foreign Relations that the US and its Nato allies were only “a little better than” 50% of the way to reaching their war goals.

Of the remaining tasks to be accomplished, he said, the most difficult may be to create a legitimate government that ordinary Afghans could believe in and that could serve as a counterweight to the Taliban.

McChrystal, who commanded coalition forces in 2009-10 and was forced to resign in a flap over a magazine article, said the US entered Afghanistan in October 2001 with too little knowledge of Afghan culture.

“We didn’t know enough and we still don’t know enough,” he said. “Most of us, me included, had a very superficial understanding of the situation and history, and we had a frighteningly simplistic view of recent history, the last 50 years.”

US forces did not know the country’s languages and did not make “an effective effort” to learn them, he said.

McChrystal said the Bush administration’s decision to invade Iraq less than two years after entering Afghanistan made the Afghan effort more difficult.

Well, that’s some depressing things to think about which is about what’s on my mind today.  What’s on your reading and blogging list?

DOJ Prepared Secret Memo Enumerating “Legal Arguments” for Assassinating U.S. Citizens

Posted: October 3, 2011 | Author: | Filed under: Barack Obama, Human Rights, Team Obama, U.S. Politics | Tags: , , , , , , , , , | 8 Comments

In April of 2009, President Obama released the secret “torture memos” prepared in 2002 and 2005 by the Bush Justice Department. From Huffpo:

President Barack Obama says the release of legal opinions governing harsh questioning of terrorism suspects is required by the law and should help address “a dark and painful chapter in our history.”

Obama issued a statement accompanying Thursday’s release of four significant memos written by the Bush administration in 2002 and 2005. The president said that the interrogation techniques outlined in the memos “undermine our moral authority and do not make us safer.”

Now we learn that Obama’s Justice Department has produced a secret memo to authorize the killing of American citizens by order of the President.

The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike Friday, according to administration officials.

The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.

“What constitutes due process in this case is a due process in war,” said one of the officials, who spoke on the condition of anonymity to discuss closely held deliberations within the administration.

So if this is all on the up and up, no violations of the Constitution involved, why can’t we see the legal arguments?

The operation to kill Aulaqi involved CIA and military assets under CIA control. A former senior intelligence official said that the CIA would not have killed an American without such a written opinion.

A second American killed in Friday’s attack was Samir Khan, a driving force behind Inspire, the English-language magazine produced by al-Qaeda in the Arabian Peninsula. An administration official said the CIA did not know Khan was with Aulaqi, but they also considered Khan a belligerent whose presence near the target would not have stopped the attack.

But if they needed a legal opinion in order to target Aulaqi, then why didn’t they need one of Khan? None of this makes any sense to me, and frankly, I’d like the ACLU lawyers to review this Justice Department memo.

At the Atlantic, Conor Friedersdorf writes:

What justification can there be for President Obama and his lawyers to keep secret what they’re asserting is a matter of sound law? This isn’t a military secret. It isn’t an instance of protecting CIA field assets, or shielding a domestic vulnerability to terrorism from public view. This is an analysis of the power that the Constitution and Congress’ post September 11 authorization of military force gives the executive branch. This is a president exploiting official secrecy so that he can claim legal justification for his actions without having to expose his specific reasoning to scrutiny. As the Post put it, “The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi, or how they considered any Fifth Amendment right to due process.”

Obama hasn’t just set a new precedent about killing Americans without due process. He has done so in a way that deliberately shields from public view the precise nature of the important precedent he has set. It’s time for the president who promised to create “a White House that’s more transparent and accountable than anything we’ve seen before” to release the DOJ memo.

What I’d most like to know is who is making these decisions? I’m still slogging through the Suskind book, and again and again I’m learning that Obama had the right instincts–at least about economics–but then was thwarted by his supposed underlings. Is that happening in the area of counterterrorism as well?

We need to know, and that is why this memo must be released. Obama has shown that he has no ability to lead or even to stand up to his own “advisers” when they ignore his orders. We need to understand who really made the decision that American citizens must be murdered, rather than arrested, charged, and given fair trials. And that person needs to be fired immediately.