Ashcroft, Rumsfeld and Tenet urged the 9/11 Commission to limit its investigation

i'm so tired of all these little bits and pieces when at this point in time we can be reasonably sure we still don't know the whole story...

anyway, here's another little piece...

Senior Bush administration officials sternly cautioned the 9/11 Commission against probing too deeply into the terrorist attacks of September 11, 2001, according to a document recently obtained by the ACLU.

The notification came in a letter dated January 6, 2004, addressed by Attorney General John Ashcroft, Defense Secretary Donald H. Rumsfeld and CIA Director George J. Tenet [ACLU PDF document, page 26]. The ACLU described it as a fax sent by David Addington, then-counsel to former vice president Dick Cheney.

In the message, the officials denied the bipartisan commission's request to question terrorist detainees, informing its two senior-most members that doing so would "cross" a "line" and obstruct the administration's ability to protect the nation.

here's the letter... see for yourself how those three bozos tied the hands of those seeking the truth...


(click on image for larger version)

fer god's sake... can't we just get to the truth and get past all of this dribble-drabble crap...

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50 top U.S. war criminals

from after downing street via david swanson at antemedius...

Compiled below, in hopes that it may be of some assistance to Eric Holder, John Conyers, Patrick Leahy, active citizens, foreign courts, the International Criminal Court, law firms preparing civil suits, and local or state prosecutors with decency and nerve is a list of 50 top living U.S. war criminals. These are men and women who helped to launch wars of aggression or who have been complicit in lesser war crimes. These are not the lowest-ranking employees or troops who managed to stray from official criminal policies. These are the makers of those policies.

The occupations of Iraq and Afghanistan have seen the United States target civilians, journalists, hospitals, and ambulances, use antipersonnel weapons including cluster bombs in densely settled urban areas, use white phosphorous as a weapon, use depleted uranium weapons, employ a new version of napalm found in Mark 77 firebombs, engage in collective punishment of Iraqi civilian populations -- including by blocking roads, cutting electricity and water, destroying fuel stations, planting bombs in farm fields, demolishing houses, and plowing down orchards -- detain people without charge or legal process without the rights of prisoners of war, imprison children, torture, and murder.

The list below does not include those responsible for war crimes prior to 2001. Nor does it include those currently in power who are making themselves complicit by failing to prosecute or cease commission of these crimes. The list could be greatly expanded. It could also be narrowed. I would argue, however, that it presents a more reasonable starting place than Holder's reported proposal to investigate only CIA employees who failed to comply with criminal torture policies, of whom there are no doubt more than 50.

Because each of the people on this list should be nonviolently protested everywhere they go (more on that below), I have organized them by location. Please post updates on where they are as comments at http://afterdowningstreet.org/warcriminals

CALIFORNIA

1. John Yoo: Professor of Law at Boalt Hall School of Law in Berkeley, California, with house at 1241 Grizzly Peak Blvd., Berkeley, (but a lawyer with the Pennsylvania bar from which he should be disbarred and would be if enough people demanded it) counseled the White House on how to get away with war crimes, wrote this memo promoting presidential power to launch aggressive war, and claimed the power to decree that the federal statutes against torture, assault, maiming, and stalking do not apply to the military in the conduct of the war, and to announce a new definition of torture limiting it to acts causing intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result. Yoo claimed in 2005 that a president has the right to enhance an interrogation by crushing the testicles of someone's child. Yoo has been confronted in his classroom: video, and defended by the Washington Post, and again confronted in the classroom.

Additional collaborators:

2. Robert J. Delahunty, Yoo colleague, should be disbarred in NY

3. Patrick F. Philbin, Yoo colleague, Deputy, should be disbarred in D.C. and MA

4. Jay Bybee: federal judge on the United States Court of Appeals for the Ninth Circuit, headquartered in San Francisco, California (but Bybee based in Las Vegas), counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above. He signed not only torture memos but also a memo purporting to legalize illegal and unconstitutional wars. BYBEE SHOULD BE IMPEACHED. He works, among other places, at the James R. Browning Courthouse, 95 7th Street, San Francisco, CA 94103, -- This is a giant marble building in the center of the city represented in Congress by the Speaker of the House.

5. William J. "Jim" Haynes, II: was General Counsel to the Department of War ("Defense"). He is now Chief Corporate Counsel at the Chevron Corporate Office in San Ramon, California. He counseled the White House on how to get away with war crimes, including by drafting memos for Yoo. Works at Chevron Headquarters, 6001 Bollinger Canyon Road, San Ramon, CA 94583. Member of bar in GA, NC, DC.

More collaborators:

6. Major General (Ret.) Michael E. Dunlavey, (now Judge, Erie County Court, Common Pleas, Erie, PA

7. Diane Beaver, top military lawyer at Gitmo

8. Jack Landman Goldsmith, III, [the illegal transfer memo in March 2004], DoD General Counsel's Office at Pentagon

9. Ms. Eliana Davidson, International Law Division, Office of the General Counsel, Office of the Secretary of "Defense"

10. Colin Powell: strategic limited partner with Kleiner, Perkins, Caufield & Byers, a Silicon Valley venture capital firm, appears as a speaker in a series of motivational events called Get Motivated, board member of Revolution Health and of the Council on Foreign Relations, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied to the United Nations about the grounds for war in a failed attempt to legalize a war of aggression, and was in fact a leading liar in making the false case for an illegal war of aggression.

Remember: Not every man in a dark suit is a war criminal. Check for blood under their fingernails to confirm identification.

NEW YORK

11. Henry Kissinger: lives in Kent, Connecticut, and works at Kissinger Associates, 350 Park Avenue, New York, N.Y., had a resume envied by other war criminals long before he advised George W. Bush to commit war crimes. Here's a partial list of his crimes.

12. Nicholas E. Calio: Citigroup's Executive Vice-President for Global Government Affairs served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies.

13. Michael Mukasey: works in New York, N.Y. Some of his crimes are detailed at DisbarTortureLawyers.com.

TEXAS

14. George W. Bush: lives at 10141 Daria Place, Dallas, Texas. His crimes are described at http://afterdowningstreet.org/bush and at War Criminals Watch and at The 13 people who made torture possible.

15. Karen Hughes: lives in Austin, Texas, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies.

16. Paul Bremmer lives in Chester, Vermont, and also works in Austin, Texas. His crimes are listed at War Criminals Watch.

Yes, a woman can be a war criminal. What? Did you think any of the men above ever risked personally breaking a fingernail?

WASHINGTON, D.C.

17. Dick Cheney: The former vice president lives nextdoor to CIA headquarters at 1126 Chain Bridge Road, McLean, Va. His crimes are documented at http://impeachcheney.org and at The 13 people who made torture possible and at War Criminals Watch.

18. John Rizzo: The General Counsel for the CIA (then and now) works nextdoor to Dick Cheney's house at the headquarters of the CIA in McLean, Va. His crimes are described in The 13 people who made torture possible.

More collaborators:

19. Robert Eatinger, CIA lawyer

20. Steven Hermes, CIA's National Clandestine Service (NCS)

21. Paul Kelbaugh, Deputy Legal Counsel, CTC, CIA

22. Steven Bradbury: also of McLean, Va., is described along with his crimes at SourceWatch, DisbarTortureLawyers.com, and The 13 people who made torture possible.

23. David Addington: was chief of staff to Dick Cheney in Washington, D.C., counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above, and drafted signing statements for Bush declaring the right to violate laws redundantly banning war crimes including torture and the construction of permanent bases in Iraq and efforts to control Iraq's oil. Lives at 103 W Maple Street, Alexandria, VA 22301-2605 -- This is a few blocks from the King Street Metro Stop.

24. Condoleezza Rice: served as Secretary of State in Washington, D.C., and can be found frequenting shoe stores, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied about mushroom clouds, and was in fact a leading liar in making the false case for an illegal war of aggression.

25. Donald Rumsfeld: lives in Washington, D.C., and at former slave-beating plantation "Mount Misery" on Maryland's Eastern Shore near St. Michael's and a home belonging to Dick Cheney, as well as at an estate outside Taos, New Mexico. He took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, and was in fact a leading liar in making the false case for an illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for the New American Century.

26. George Tenet: Distinguished Professor in the Practice of Diplomacy at Georgetown University in Washington, D.C., took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, oversaw the Central Intelligence Agency as it engaged in illegal renditions, detentions, torture, murder, and coverups of crimes, as well as helping to build a false case for an illegal war of aggression.

27. John Ashcroft: has his own lobbying company through which to profit from his government connections: The Ashcroft Group, LLC, 1399 New York Avenue, N.W., Suite 950, Washington, DC 20005, Phone: 202.942.0202, Fax: 202.942.0216, info@ashcroftgroupllc.com took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people.

28. Alberto Gonzales: has hired a criminal-defense lawyer George Terwilliger, partner at White & Case, to defend him, while others have created a trust fund to help pay for his legal expenses, meanwhile Gonzales has been unable to find work as a lawyer himself, so his income comes from speaking engagements, then White House counsel, wrote a memo on January 25, 2002. It explained that under the 1996 War Crimes Act, U.S. officials might be prosecuted for violating the Geneva Conventions for actions in Afghanistan (and future parts of the "war on terror"), with penalties up to and including death. He suggested that Bush declare that the Taliban and Al Qaeda weren't covered by Geneva, to be on the safe side. Bush did so. Gonzo now has a job at Texas Tech, but not teaching law. Help this effort to boot him! Remember that we drove him out of office by almost impeaching him.

29. Paul Wolfowitz: lives in Chevey Chase, Maryland, and is a visiting scholar at the American Enterprise Institute in Washington, D.C., advocated illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for a New American Century.

30. Doug Feith: serves on the faculty of the Edmund A. Walsh School of Foreign Service at Georgetown University in Washington, D.C., as a Professor and Distinguished Practitioner in National Security Policy, manufactured, cherry picked, and distorted information, and pressured others to do the same, to help build a false case for an illegal war of aggression, and advocated early and openly for an illegal war of aggression against a "non-al qaeda target." Also works at Hudson Institute, 1015 15th Street, N.W., 6th Floor, Washington, DC 20005, three blocks from the White House.

31. Elliot Abrams: served as Deputy National Security Advisor for Global Democracy Strategy in Washington, D.C., and wherever he can do the most damage around the world, was a well-established war criminal even before he pushed for wars of aggression for years as a participant in the Project for a New American Century, helped to build a false case for attacking Iraq, and supported a failed coup attempt in Venezuela.

32. Karl Rove: owns million dollar houses in Washington, D.C., and Florida, and works for Fox News, Newsweek, and the Wall Street Journal when not testifying to congressional committees or federal prosecutors about his numerous unindicted non-war crimes. He served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies.

(According to Star80 at DemocraticUnderground, Rove "can be found stuffing his fat pasty little face with crab meat at Cafe 30A in Santa Rosa Beach FL: http://www.cafethirtya.com - 3899 East County Highway 30A Santa Rosa Beach FL 32459.")

(Citizens arrest of Rove attempted in Iowa, and in California, and in New York.)

33. I. Lewis Libby: lives in McLean, Virginia, and has been disbarred in Washington, D.C., and Pennsylvania, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in exposing an undercover agent as retribution for exposing one of WHIG's lies, has already been convicted of obstruction of justice for interfering with investigation, and pushed for wars of aggression for years as a participant in the Project for a New American Century.

34. Mary Matalin: married to James Carville, both of them addicted to Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies.

35. Stephen Hadley: served as National Security Advisor to the President in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies.

36. James R. Wilkinson: worked for Bush as Deputy National Security Advisor for Communications in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies.

37. John Bolton: lives in Bethesda, Maryland, is a member of a Lutheran Church, works for the law firm Kirkland and Ellis LLP, 655 Fifteenth Street, N.W., Washington, D.C. 20005-5793, T: +1 202-879-5000, F: +1 202-879-5200, is associated with the American Enterprise Institute, Jewish Institute for National Security Affairs, Institute of East-West Dynamics, National Rifle Association, US Commission on International Religious Freedom, and the Council for National Policy, helped to launch an illegal war of aggression by disseminating false claims through the State Department while he was under-secretary of state for arms control, and pushed for wars of aggression for years as a participant in the Project for a New American Century.

38. Michael Chertoff: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com.

39. Timothy Flanigan: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com.

40. Alice Fisher: works in Washington, D.C. Some of her crimes are detailed at DisbarTortureLawyers.com.

41. John Bellinger works in Washington, D.C. His crimes are listed at War Criminals Watch.

42. John Negroponte works in Washington, D.C. His crimes are listed at War Criminals Watch.

43. Jonathan Fredman was a top torture lawyer under John Rizzo at the CIA: details.

44. Scott Muller was general counsel at the CIA: details.

45. Kyle D. "Dusty" Foggo was instrumental in setting up illegal secret prisons.

NEBRASKA:

46. Andrew Card works in Omaha, NE. His crimes are listed at War Criminals Watch.

AFGHANISTAN:

47. Stanley McChrystal has been promoted as reward for his war crimes.

UNKNOWN LOCATION:

48. James Mitchell:

From The 13 people who made torture possible:

Even while Addington, Gonzales and the lawyers were beginning to build the legal framework for torture, a couple of military psychologists were laying out the techniques the military would use. James Mitchell, a retired military psychologist, had been a leading expert in the military's SERE program. In December 2001, with his partner, Bruce Jessen, Mitchell reverse-engineered SERE techniques to be used to interrogate detainees. Then, in the spring of 2002, before OLC gave official legal approval to torture, Mitchell oversaw Abu Zubaydah's interrogation. An FBI agent on the scene describes Mitchell overseeing the use of "borderline torture." And after OLC approved waterboarding, Mitchell oversaw its use in ways that exceeded the guidelines in the OLC memo. Under Mitchell's guidance, interrogators used the waterboard with "far greater frequency than initially indicated" -- a total of 183 times in a month for Khalid Sheikh Mohammed and 83 times in a month for Abu Zubaydah.

More on Mitchell and Jessen.

49. Tommy Franks: His crimes are listed at War Criminals Watch.

50. Michael Hayden: His crimes are listed at War Criminals Watch.

Heck, let's make it a full deck of 52, by including Bruce Jessen mentioned above and Erik Prince of Blackwater.

it's a start...

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The "Torture 13"

marcy wheeler (emptywheel at firedoglake) writing in salon via alternet, does her usual thorough job laying out the case against the usual suspects...

1. Dick Cheney, vice president (2001-2009)
2. David Addington, counsel to the vice president (2001-2005), chief of staff to the vice president (2005-2009)
3. Alberto Gonzales, White House counsel (2001-2005), and attorney general (2005-2008)
4. James Mitchell, consultant
5. George Tenet, director of Central Intelligence (1997-2004)
6. Condoleezza Rice, national security advisor (2001-2005), secretary of state (2005-2008)
7. John Yoo, deputy assistant attorney general, Office of Legal Counsel (2001-2003)
8. Jay Bybee, assistant attorney general, Office of Legal Counsel (2001-2003)
9. William "Jim" Haynes, Defense Department general counsel (2001-2008)
10. Donald Rumsfeld, secretary of defense (2001-2006)
11. John Rizzo, CIA deputy general counsel (2002-2004), acting general counsel of the Central Intelligence Agency (2001-2002, 2004-present)
12. Steven Bradbury, principal deputy assistant attorney general, OLC (2004), acting assistant attorney general, OLC (2005-2009)
13. George W. Bush, president (2001-2009)

memorize these names... i want to be around to post on them again when they start doing time...

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At least ONE country believes in accountability and the rule of law - too bad it's not the U.S.

let's get this party started...

scott horton in the daily beast...

The Bush Six to Be Indicted

Scott Horton is a law professor and writer on legal and national-security affairs for Harper's magazine and The American Lawyer, among other publications.

Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantánamo, several reliable sources close to the investigation have told The Daily Beast. Their decision is expected to be announced on Tuesday before the Spanish central criminal court, the Audencia Nacional, in Madrid. But the decision is likely to raise concerns with the human-rights community on other points: They will seek to have the case referred to a different judge.

Both Washington and Madrid appear determined not to allow the pending criminal investigation to get in the way of improved relations.

The six defendants - in addition to Gonzales, Federal Appeals Court Judge and former Assistant Attorney General Jay Bybee, University of California law professor and former Deputy Assistant Attorney General John Yoo, former Defense Department general counsel and current Chevron lawyer William J. Haynes II, Vice President Cheney's former chief of staff David Addington, and former Undersecretary of Defense Douglas J. Feith - are accused of having given the green light to the torture and mistreatment of prisoners held in U.S. detention in "the war on terror." The case arises in the context of a pending proceeding before the court involving terrorism charges against five Spaniards formerly held at Guantánamo. A group of human-rights lawyers originally filed a criminal complaint asking the court to look at the possibility of charges against the six American lawyers. Baltasar Garzón Real, the investigating judge, accepted the complaint and referred it to Spanish prosecutors for a view as to whether they would accept the case and press it forward. "The evidence provided was more than sufficient to justify a more comprehensive investigation," one of the lawyers associated with the prosecution stated.

But prosecutors will also ask that Judge Garzón, an internationally known figure due to his management of the case against former Chilean dictator Augusto Pinochet and other high-profile cases, step aside. The case originally came to Garzón because he presided over efforts to bring terrorism charges against the five Spaniards previously held at Guantánamo. Spanish prosecutors consider it "awkward" for the same judge to have both the case against former U.S. officials based on the possible torture of the five Spaniards at Guantánamo and the case against those very same Spaniards. A source close to the prosecution also noted that there was concern about the reaction to the case in some parts of the U.S. media, where it had been viewed, incorrectly, as a sort of personal frolic of Judge Garzón. Instead, the prosecutors will ask Garzón to transfer the case to Judge Ismail Moreno, who is currently handling an investigation into kidnapping charges surrounding the CIA's use of facilities as a safe harbor in connection with the seizure of Khalid el-Masri, a German greengrocer who was seized and held at various CIA blacksites for about half a year as a result of mistaken identity. The decision on the transfer will be up to Judge Garzón in the first instance, and he is expected to make a quick ruling. If he denies the request, it may be appealed.

i'm happy to take accountability and the rule of law where and when i can get it, even if it's spain picking up the baton to indict officials from my country...

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First, kill all the lawyers: Spain considers filing criminal charges against Gonzales, Feith, Addington, Yoo, Bybee, and Haynes

whatever comes of it, it's the right thing to do...

A Spanish court has agreed to consider opening a criminal case against six former Bush administration officials, including former Attorney General Alberto Gonzales, over allegations they gave legal cover for torture at Guantanamo Bay, a lawyer in the case said Saturday.

[...]

The ex-Bush officials are Gonzales; former undersecretary of defense for policy Douglas Feith; former Vice President Dick Cheney's chief of staff David Addington; Justice Department officials John Yoo and Jay S. Bybee; and Pentagon lawyer William Haynes.

[...]

[T]he country's record in prosecuting such cases has been spotty at best, with only one suspect extradited to Spain so far.

[...]

Even if indictments are eventually handed down against the U.S. officials, it is far from clear whether arrests would ever take place. The officials would have to travel outside the United States and to a country willing to take them into custody before possible extradition to Spain.

[...]

Boye said he expected the National Court to take the case forward, and dismissed concerns that it would harm bilateral relations between the two countries.

He said that some of the victims of the alleged torture were Spaniards, strengthening the argument for Spanish jurisdiction.

"When you bring a case like this you can't stop to make political judgments as to how it might affect bilateral relations between countries," he told the AP." It's too important for that."

Boye noted that the case was brought not against interrogators who might have committed crimes but by the lawyers and other high-placed officials who gave cover for their actions.

"Our case is a denunciation of lawyers, by lawyers, because we don't believe our profession should be used to help commit such barbarities," he said.

yes, absolutely... it's too important to let political considerations get in the way... why is that so hard to understand in my own country...?

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The Bush administration memos behind torture, detention and warrantless wiretapping

from raw story...

Details about more than three dozen secret memoranda written by Bush Administration officials now sit atop a chart created by public interest reporting group. The memos track new details about dozens of secret Bush Administration legal positions on torture, detention and warrantless wiretapping.

Meanwhile, Obama's freshly-confirmed Attorney General Eric Holder told senators that he was open to declassifying White House legal memos if no support for their original classification could be found, signaling a likely showdown with former President George W. Bush over executive privilege.

from propublica...

The Missing Memos
by Dan Nguyen and Christopher Weaver, ProPublica - January 28, 2009

The Bush administration’s controversial policies on detentions, interrogations and warrantless wiretapping were underpinned by legal memoranda. While some of those memos have been released (primarily as a result of ACLU lawsuits), the former administration kept far more memos secret than has been previously understood. At least three dozen by our count.

The decision to release them now lies with President Obama. To help inform the debate—and inject an extra dose of accountability—we’re posting the first comprehensive list of the secret memos. (The ACLU first compiled a list, which ProPublica verified and expanded on.)

Note: Our list is quite inclusive, but we have chosen to leave off some documents, such as early drafts of later memos.

Click here for more

can we PLEASE get rolling on PROVING we are a nation governed by a constitution and the rule of law...? PLEASE...?

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Juan Cole on David Addington

i've noticed that professor cole is becoming much less reticent to mince words...

David Addington, Cheney's legal capo, can't say whether he authorized waterboarding because he is afraid that al-Qaeda might be watching C-Span.

Al-Qaeda is this crew's excuse for everything that they always wanted to do before there was any al-Qaeda.

speaking for myself, i no longer see al-qaeda as an "excuse"... i see it as a deliberate bush administration creation there for the sole purpose of justifying endless war...

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Doing an end-run around the Chairman of the Joint Chiefs of Staff on torture

great god... it just gets worse and worse and worse...


General Richard Myers, chairman
of the US joint chiefs of staff from
2001 to 2005

from saturday's guardian...

America's most senior general was "hoodwinked" by top Bush administration officials determined to push through aggressive interrogation techniques of terror suspects held at Guantánamo Bay, leading to the US military abandoning its age-old ban on the cruel and inhumane treatment of prisoners, the Guardian reveals today.

General Richard Myers, chairman of the US joint chiefs of staff from 2001 to 2005, wrongly believed that inmates at Guantánamo and other prisons were protected by the Geneva conventions and from abuse tantamount to torture.

The way he was duped by senior officials in Washington, who believed the Geneva conventions and other traditional safeguards were out of date, is disclosed in a devastating account of their role, extracts of which appear in today's Guardian.

In his new book, Torture Team, Philippe Sands QC, professor of law at University College London, reveals that:

· Senior Bush administration figures pushed through previously outlawed measures with the aid of inexperienced military officials at Guantánamo.

· Myers believes he was a victim of "intrigue" by top lawyers at the department of justice, the office of vice-president Dick Cheney, and at Donald Rumsfeld's defence department.

· The Guantánamo lawyers charged with devising interrogation techniques were inspired by the exploits of Jack Bauer in the American TV series 24.

· Myers wrongly believed interrogation techniques had been taken from the army's field manual.

The lawyers, all political appointees, who pushed through the interrogation techniques were Alberto Gonzales, David Addington and William Haynes. Also involved were Doug Feith, Rumsfeld's under-secretary for policy, and Jay Bybee and John Yoo, two assistant attorney generals.

there simply aren't words to adequately describe just how DESPICABLE these people are...

here's a thought from juan cole who, rightly, bemoans our country's failure to hold these criminals to account...

Lawrence Wilkerson, Colin Powell's former chief of staff, is quoted as saying that the perpetrators of torture could well be arrested and tried in other countries as war criminals if they travel abroad. It is an index of the despotism to which the United States has fallen victim that we must hope for other, more civilized countries, to try our war criminals. Why can't public officials be prosecuted for violating the Bill of Rights' guarantee against cruel and unusual torture? Why can't an International Military Tribunal be set up as at Nuremberg?

they simply MUST BE HELD ACCOUNTABLE...

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WOO-HOO...! Dump Yoo...!

this is absolutely the right thing to do... perpetrators of crimes should not be tolerated...

Congress should repeal the provision of the Military Commissions Act that would give Yoo immunity from prosecution for torture committed from September 11, 2001 to December 30, 2005. John Yoo should be disbarred and he should not be retained as a professor of law at one of the country’s premier law schools. John Yoo should be dismissed from Boalt Hall [University of California, Berkeley, Law School] and tried as a war criminal.

now, let's apply the same standard to bush, cheney, rumsfeld, condi, colin, ashcroft, alberto, addington, and the rest of the war criminals...

(thanks to think progress...)

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Mukasey wipes out Gonzo's White House/DOJ communication free-for-all

remember when senator sheldon whitehouse introduced this, the difference between white house/department of justice communication protocol under clinton vs. george bush, back at the senate judiciary committee hearing with gonzo on april 19...?



well, mukasey is putting a stop to that crap... i'm no mukasey fan, but this is about damn time...

In a memo Wednesday to department lawyers, Attorney General Michael Mukasey said that only he and his deputy attorney general can initiate conversations with the White House about civil and most criminal cases — and then only to the president's counsel and deputy counsel. Only cases deemed necessary to the president's duties can be discussed, Mukasey said.

"This limitation recognizes the president's ability to perform his constitutional obligation to 'take care that the laws be faithfully executed' while ensuring that there is public confidence that the laws of the United States are administered and enforced in an impartial manner," Mukasey wrote in the two-page memo.

that's four - count 'em, four - people total in doj and the white house who can talk to each other about civil and criminal cases... eat shit, gonzo...

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JFK's warning on secret, closed societies

listening to this, it's no wonder the powerful, monied elites decided to get him out of the way...

This excerpt was clipped at the end and cuts off the following...

"...so that man can become what he was born to be, free and independent."

It's been 44 years since a man in the White House spoke this way.

First, he was assassinated and the facts of that assassination carefully concealed.

Then his memory was smeared by 1000 hack writers hired to sensationalize and distort details of his private life.

Now 44 years later, the anniversary of his death passes with barely a news media mention.

But they can't kill his word, or our memory.

can't you just imagine folks like cheney, bush, rove, addington, gonzales, yoo, and everyone else of that ilk, listening to kennedy's speech...? they would know immediately that, if his vision became the order of the day, their hold on power would be erased...

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"Bush doctrine: The president as commander in chief can do whatever he wants regardless of Congress"

simply put...

[T]he Bush doctrine: The president as commander in chief can do whatever he wants regardless of Congress. There must be no checks and balances, no accountability. There must be no disclosure to other branches of government, whether legislative or judicial. Oral findings, or, if necessary, secret memos, make the illegal legal merely by saying they are legal in the name of presidential authority. The operational need to know determines who knows.

i don't think dick cheney or david addington would disagree...

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"Mukasey has proved he will dance as the strings are pulled"

the fact that anyone expected someone with a distinguished career and a reputation for integrity and independence who was nominated for a senior bush administration post to actually BEHAVE with integrity and independence is a telling sign of just how much denial still exists about the nefarious intent of the bush criminal cabal...

sidney blumenthal in salon...

Mukasey is not a free agent. He had been strictly briefed and in his testimony was following orders. He has avoided calling waterboarding torture because that is consistent with the administration's position and past practice. Mukasey's refusal to disavow waterboarding reveals his acceptance of his assignment to a secondary role as attorney general, an inferior agent, not a constitutional officer, to certain political appointees in the White House.

Those who are responsible for waterboarding have defined and dictated Mukasey's evasions. His acquiescence demonstrates that no one in his position could take a contrary view to that of David Addington, Vice President Cheney's former counsel and now chief of staff, who directed and coauthored the infamous memos by former deputy assistant director of the Office of Legal Counsel John Yoo justifying torture, and charged the current acting director of OLC, Stephen Bradbury, to issue new memos rationalizing it.

Addington is the reigning legal authority within the administration, presiding over the attorney general no matter who would fill the job. Addington rules by decree and tantrum, intolerant of any alternative opinion, which he suppresses with intimidation and threat. Gonzales, as White House counsel and then attorney general, was the marionette of Karl Rove and Addington. Rove is gone, but Addington remains.

In his confirmation hearings, Mukasey has proved he will dance as the strings are pulled. His positions on waterboarding express precisely the relationship between the Bush White House and its Justice Department. Mukasey's testimony telegraphs that the White House will continue to call the shots. He has already ceded the essence of his power even before assuming it. His vaunted integrity and independence have been crushed, short work for Addington.

mukasey would never have been nominated if there was the slightest doubt that, in his confirmation hearings or later on the job, he would do or say anything that would counter his marching orders from the white house...

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Like changing the driver of the DOJ bus is going to make a difference

stuff that makes me crazy...

both from the la times...

Gonzales' legacy of controversy
Questions linger about limits on civil liberties and influence of politics on justice.

Josh Meyer and Tom Hamburger, Los Angeles Times Staff Writers

[...]

The controversies lingering beyond Gonzales' scheduled departure next month fall into two broad categories: whether he went too far in abridging civil liberties in the name of safeguarding the nation against terrorist threats, and whether he and his subordinates allowed political considerations to intrude improperly on the administration of justice.

lingering...? LINGERING...?? they ain't friggin' LINGERING...! they're as present and real as the nose on your face, and, trust me, neither are they QUESTIONS nor are they solely a function of alberto gonzales... abridging civil liberties and politicizing the executive branch are HALLMARKS of the bush administration, from george on down... the former was a condition of employment for every political appointee at the doj, and the latter a condition of employment for every political appointee in the executive branch, and BOTH ARE STILL IN FORCE... changing the driver of the doj bus is virtually meaningless as long as that bus is still following the road map laid out by the white house to drive the country off a cliff and render the u.s. constitution meaningless...

as if that wasn't bad enough, we also have this...

For Bush, an opportunity in a loss
Gonzales' departure may give Bush a shot at reviving his presidency because his Texas inner circle is gone, analysts say.

By Maura Reynolds and James Gerstenzang, Los Angeles Times Staff Writers

[...]

In two weeks, the president has accepted the resignations of the two members of his staff who have drawn the most ire from the Democrats who now control Congress: Gonzales and political advisor Karl Rove. And that may give Bush a chance to salvage his relationship with Capitol Hill and the legacy of his second term.

oferchrissakes... get a goddam clue, willya...? anybody who believes bush is going to change a goddam thing is smokin' some really strong shit... first of all, rove may be out of the white house, but you can bet your ass that he's on the phone to george several times a day... gonzales was nothing more than a place-holder, a foil to confer a degree of legitimacy to the evil machinations of george, karl and dick, someone sent over to mind the doj store while his next level of political appointees looted it... you have to look at who's left... do you think for a minute that dick cheney and david addington are sitting there, throwing up their hands and saying, "well, what's a body to do...?" hell, no... they're still steering george's bus and they will continue to do so, by god, until they're forcibly stopped... anybody who sees the exit of rove and gonzales as a reason to breathe a sigh of relief and break out the bubbly had better think again...

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The Vice President and his counsel can seek info on ongoing DOJ investigations

remember when senator sheldon whitehouse introduced this, the difference between white house/department of justice communication protocol under clinton vs. george bush, back at the senate judiciary committee hearing with gonzo on april 19...?



well, marcy - emptywheel - wheeler, posting in the next hurrah, highlights an even more disturbing part of gonzo's testimony today...

The exchange started with Whitehouse getting Gonzales to agree that the most likely avenue of improper influence in ongoing investigations was the White House...

[...]

Then he goes on to review a memo that Gonzales himself signed, actually extending the structure Ashcroft set in place. And while Ashcroft's memo made several attempts to tamp down this structure, in key ways he opened it up, explicitly for the Fourth Branch. Whitehouse describes how the memo describes that the lines of communication open to the White House will "apply in parallel fashion in communications with the OVP." And then he points specifically to a paragraph at the end of the memo reiterating the communications open to OVP. Gonzales, typically, claims to have no idea how those items got into a memo he signed personally.

[...]

Lovely. Cheney--whose own Chief of Staff was indicted and convicted for impeding an ongoing investigation--now has usurped access to ongoing investigations, for himself, his Chief of Staff, and his Counsel, courtesy of AGAG. David Addington, the architect of the Unitary Executive, now gets to know what DOJ is doing with ongoing investigations.

oh. my. freakin'. god... i didn't think it could get worse, but, as always, i am proven wrong - usually on a daily basis...

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Dear Senator Kerry, - Sincerely, David Addington

i posted on these executive orders the other day (Executive Order 12958 as amended by Executive Order 13292) and kagro x's spot on excerpts, which make no mention whatsoever of treating the president and vice president any differently than "agencies..." imho, addington's way out on a limb on this one...

David Addington, issued a letter to Sen. John Kerry (D-MA) today defending the Vice President's interpretation of his office being outside the executive branch - only this time, he said it was because Cheney's office isn't an "agency."

[...]

"Dear Senator Kerry," Addington writes. "The executive order on classified national security information -- Executive Order 12958 as amended in 2003 -- makes clear that the Vice President is treated like the President and distinguishes the two of them from 'agencies.'"

[...]

"The executive order gives the [Information Security Oversight Office], under the supervision of the Archivist of the United States, responsibility to oversee certain activities of 'agencies,' but not of the Vice President or the President."

[...]

Addington insists that the question of whether Cheney is in the executive branch does not apply to the discussion of classified materials.

"Constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of in theoretical discussions," Addington adds. "Given that the executive order treats the Vice President like the President rather than like an "agency," it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and the history of the legislative functions of the vice presidency and the more modern functions of the vice presidency, to reach the same conclusions that the vice president is not an 'agency' with respect to which ISOO has a role."

what a gigantic load of steaming, fresh horseshit...

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Cheney, Part 3, is up now at the WaPo

what it describes, in a nutshell, is a president of the united states, NOT a vice president of the united states, going about the duty of shaping domestic, budgetary, tax, and economic policy... in the scenario painted by becker and gellman, george w. bush is a bit player...

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Part 2 on President Cheney: a chronology of torture and avoiding war crimes charges

HOW LONG HAS THE WAPO BEEN
SITTING ON THIS INFORMATION?

the wapo's series continues to unfold... there are several parts you should keep a close eye on... one is the terminology employed by cheney and his accomplices to euphemize torture - "robust" interrogation - and to downplay the violation of international conventions and laws... note also how war crimes charges were anticipated and strategies developed to sidestep such accountability... in particular, note that this was all taking place a mere four months after 9/11...

[O]n Jan. 11, 2002, a delegation from CIA headquarters arrived in the Situation Room. The agency presented a delicate problem to White House counsel Alberto R. Gonzales, a man with next to no experience on the subject. Vice President Cheney's lawyer, who had a great deal of experience, sat nearby.

[...]

From that moment, well before previous accounts have suggested, Cheney turned his attention to the practical business of crushing a captive's will to resist. The vice president's office played a central role in shattering limits on coercion of prisoners in U.S. custody, commissioning and defending legal opinions that the Bush administration has since portrayed as the initiatives, months later, of lower-ranking officials.

The vice president's office pushed a policy of robust interrogation that made its way to the U.S. naval prison at Guantanamo Bay, Cuba, above, and Abu Ghraib prison in Iraq.

Cheney and his allies, according to more than two dozen current and former officials, pioneered a novel distinction between forbidden "torture" and permitted use of "cruel, inhuman or degrading" methods of questioning.

[...]

Many of the harsh measures he championed, and some of the broadest principles undergirding them, have survived intact but out of public view.

[...]

David S. Addington, Cheney's general counsel, set the new legal agenda in a blunt memorandum shortly after the CIA delegation returned to Langley. Geneva's "strict limits on questioning of enemy prisoners," he wrote on Jan. 25, 2002, hobbled efforts "to quickly obtain information from captured terrorists."

No longer was the vice president focused on procedural rights, such as access to lawyers and courts. The subject now was more elemental: How much suffering could U.S. personnel inflict on an enemy to make him talk? Cheney's lawyer feared that future prosecutors, with motives "difficult to predict," might bring criminal charges against interrogators or Bush administration officials.

[...]

The best defense against such a charge, Addington wrote, would combine a broad presidential direction for humane treatment, in general, with an assertion of unrestricted authority to make exceptions.

The vice president's counsel proposed that President Bush issue a carefully ambiguous directive. Detainees would be treated "humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of" the Geneva Conventions. When Bush issued his public decision two weeks later, on Feb. 7, 2002, he adopted Addington's formula -- with all its room for maneuver -- verbatim.

it's astounding to me that they were actually expecting war crimes charges, and consciously crafted the means to avoid them, and using the authority granted by congress to pursue an illegal war as justification for actions taken by the commander in chief in wartime...

The vice president's lawyer advocated what was considered the memo's most radical claim: that the president may authorize any interrogation method, even if it crosses the line of torture. U.S. and treaty laws forbidding any person to "commit torture," that passage stated, "do not apply" to the commander in chief, because Congress "may no more regulate the President's ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield."

this is equally astounding... rice and powell didn't learn of the presidential directive until TWO YEARS LATER and then responded by chewing out gonzo, the guy that had the LEAST to do with the subterfuge, and never confronting either addington or cheney...

On June 8, 2004, national security adviser Condoleezza Rice and Secretary of State Colin L. Powell learned of the two-year-old torture memo for the first time from an article in The Washington Post [Read the article]. According to a former White House official with firsthand knowledge, they confronted Gonzales together in his office.

Rice "very angrily said there would be no more secret opinions on international and national security law," the official said, adding that she threatened to take the matter to the president if Gonzales kept them out of the loop again. Powell remarked admiringly, as they emerged, that Rice dressed down the president's lawyer "in full Nurse Ratched mode," a reference to the ward chief of a mental hospital in the 1975 film "One Flew Over the Cuckoo's Nest."

Neither of them took their objections to Cheney, the official said, a much more dangerous course.

the above is just the tip of the very large iceberg that has been exposed to the light of day in part two of this series... the rest of it focuses on the chronology up to the present, but is no less horrifying in its depiction of the power wielded by dick cheney... i recommend reading the whole thing... my opening question still stands...

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Salim Ahmed Hamdan case thrown out along with Khadr

to me, this looks like a window of opportunity to force a re-opening, a thorough re-examination, and a repeal of the military commissions act, coupled with a restoration of habeas...

Defense attorneys and legal experts blamed the rush by Congress and
President Bush last year to restore the war-crimes trials after the
U.S. Supreme Court threw out the previous system, declaring it unconstitutional. In a remarkable coincidence, it was Hamdan's lawsuit that wound up in the Supreme Court.

In both of Monday's cases, the judges ruled that the new legislation says only "unlawful enemy combatants" can be tried by the military trials, known as commissions. But Khadr and Hamdan previously had been identified by military panels here only as enemy combatants, lacking the critical "unlawful" designation.

"The fundamental problem is that the law was not carefully written," said Madeline Morris, a Duke University law professor. "It was rushed through in a flurry of political pressure from the White House ... and it is quite riddled with internal contradictions and anomalies."

Prosecuting attorneys in both cases indicated they would appeal the dismissals. But the court designated to hear the appeals — known as the court of military commissions review — doesn't even exist yet, said Marine Col. Dwight Sullivan, chief of military defense attorneys at Guantanamo Bay.

Army Maj. Beth Kubala, spokeswoman for the Office of Military Commissions that organizes the trials, said "the public should make no assumption about the future of military commissions."

She said they will continue to operate openly and fairly and added that dismissals of the charges "reflect that the military judges operate independently."

She declined to comment on how the Office of Military Commissions planned to respond to the setbacks, saying she didn't want to speculate.

what's astounding to me is that the prosecuting attorneys didn't see this coming... even more astounding is that the justice department didn't catch it when the legislation was being drafted, and even more astounding yet is that it wasn't caught in congress... what is says to me is that, under intense pressure from the likes of cheney, addington, and rove, with the clock ticking down to the november elections, everybody was much more interested in kissing bush's ass than doing due diligence... what it also says to me is that there is a fundamental opposition to this process even within the ranks of the military judges, that they would be willing to risk this kind of media bloodbath to make a key legal point...

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How to create a shadow government and an authoritarian state, a Cheney/Addington production

the nyt makes a good case, not only for how cheney has privatized the vice-presidency, but also for how he functions as more of a shadow dictator than either a vice president or a shadow president...


Dick Cheney

points to consider...

• wears the cloak of invisibility in secure "disclosed" locations [quotes added]

• disdain for accountability

• unconcerned about little things like checks and balances and traditional American notions of judicial process

• the driving force behind the Bush administration’s theory of the “unitary executive”

• pays little attention to old-fangled notions of the separation of powers

• does not overly bother himself about the bright line that should exist between his last job as chief of the energy giant Halliburton and his current one on the public payroll

they neglected to mention that darth even refuses to disclose the names of his staff... we do, however, know the name of one of them, and, next to karl rove and darth himself, may be the scariest of them all...


David Addington

[David Addington] has played a central role in shaping the Bush Administration's legal strategy for the war on terror. Known as the New Paradigm, this strategy rests on a reading of the Constitution that few legal scholars share-namely, that the President has the authority to disregard virtually all legal boundaries, if national security demands it. Under this framework, statutes prohibiting torture, secret detention, and warrantless surveillance have been set aside.

[...]

After 9/11, Addington dominated the debate over how to frame the Administration's legal response to the attacks. On September 25th, the Justice Dept.'s Office of Legal Counsel issued a memo declaring that the Pres. had inherent constitutional authority to take whatever military actions he deemed necessary, not just in response to 9/11, but in the prevention of future attacks. Another memo sanctioned torture when the Pres. deems it necessary. Addington either drafted the memos himself or advised those who drafted them.

keep in mind, all of these unfettered claims to power are only laying a precedent for future administrations, and, until they are "repudiated," they will continue to lie there, ticking like the time bomb they are...

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