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"Everybody's worried about stopping terrorism. Well, there's a really easy way: stop participating in it."
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And, yes, I DO take it personally

Monday, July 23, 2012

Glenn details Obama's most recent curtailment of the already unconstitutionally repressive rules governing detainee rights

and the sack of bollocks he sold to the american people about guantánamo...

glenn...
Last week, the Obama administration imposed new arbitrary rules for Guantanamo detainees who have lost their first habeas corpus challenge. Those new rules eliminate the right of lawyers to visit their clients at the detention facility; the old rules establishing that right were in place since 2004, and were bolstered by the Supreme Court’s 2008 Boumediene ruling that detainees were entitled to a “meaningful” opportunity to contest the legality of their detention. The DOJ recently informed a lawyer for a Yemeni detainee, Yasein Khasem Mohammad Esmail, that he would be barred from visiting his client unless he agreed to a new regime of restrictive rules, including acknowledging that such visits are within the sole discretion of the camp’s military commander.

[...]

The New York Times Editorial Page today denounced these new rules as “spiteful,” cited it as “the Obama administration’s latest overuse of executive authority,” and said “the administration looks as if it is imperiously punishing detainees for their temerity in bringing legal challenges to their detention and losing.” Detainee lawyers are refusing to submit to these new rules and are asking a federal court to rule that they violate the detainees’ right to legal counsel.

[...]

When the President finally unveiled his plan for “closing Guantanamo,” it became clear that it wasn’t a plan to “close” the camp as much as it was a plan simply to re-locate it — import it — onto American soil, at a newly purchased federal prison in Thompson, Illinois. William Lynn, Obama’s Deputy Defense Secretary, sent a letter to inquiring Senators that expressly stated that the Obama administration intended to continue indefinitely to imprison some of the detainees with no charges of any kind. The plan was classic Obama: a pretty, feel-good, empty symbolic gesture (get rid of the symbolic face of Bush War on Terror excesses) while preserving the core abuses (the powers of indefinite detention ), even strengthening and expanding those abuses by bringing them into the U.S.

[...]

In fact, Obama’s “close GITMO” plan — if it had been adopted by Congress — would have done something worse than merely continue the camp’s defining injustice of indefinite detention. It would likely have expanded those powers by importing them into the U.S.

[...]

Now, here we are, almost four years after the vow to close Guantanamo was enshrined in an Executive Order, and the rights of detainees — including the basic right to legal counsel — are being constricted further, in plainly vindictive ways. Conditions at Guantanamo are undoubtedly better than they were in 2003, and some of the deficiencies in military commissions (for the few who appear before them) have been redressed. But the real stain of Guantanamo — keeping people locked up in cages for years with no charges — endures. And contrary to the blatant myth propagated by Obama defenders, that has happened not because Obama tried but failed to eliminate it, but precisely because he embraced it as his own policy from the start.

which goes a long way toward explaining why i must battle visceral waves of disgust whenever i receive an obama campaign solicitation...

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Wednesday, July 11, 2012

Guantánamo detainees drugged and then interrogated

it's not like this is so damn surprising given what we already know about what's gone on in gitmo but what we only suspect vs. what is revealed as fact is a big difference...


jeffrey kaye and jason leopold posting at truthout...
Detainees in custody of the US military were interrogated while drugged with powerful antipsychotic and other medications that "could impair an individual's ability to provide accurate information," according to a declassified Department of Defense (DoD) inspector general's report that probed the alleged use of "mind altering drugs" during interrogations.

In addition, detainees were subjected to "chemical restraints," hydrated with intravenous (IV) fluids while they were being interrogated and, in what appears to be a form of psychological manipulation, the inspector general's probe confirmed at least one detainee - convicted "dirty bomb" plotter Jose Padilla - was the subject of a "deliberate ruse" in which his interrogator led him to believe he was given an injection of "truth serum."

Truthout obtained a copy of the report - "Investigation of Allegations of the Use of Mind-Altering Drugs to Facilitate Interrogations of Detainees" - prepared by the DoD's deputy inspector general for intelligence in September 2009, under a Freedom of Information Act (FOIA) request we filed nearly two years ago.

[Leonard Rubenstein, a medical ethicist at Johns Hopkins Center for Public Health and Human Rights and the former president of Physicians for Human Rights] said the failure to inform prisoners what drugs they were given means "some basic principles of medical ethics were cast aside, especially those requiring a doctor to explain his or her recommendation and seek consent for it as an affirmation of the dignity and autonomy of the patient."

"Even where consent is not forthcoming and involuntary medication is allowed after voluntary medication is not accepted, it should never take place unless this process is followed," Rubenstein said.

The cumulative effects of indefinite detention, interrogations, use of drugs, and other conditions of confinement also appear to have taken a toll on the detainees' mental state and impacted the DoD watchdog's ability to conduct a thorough investigation.

Indeed, when the inspector general sought to interview the attorney representing one detainee who claimed he was given mind-altering drugs during interrogations, the attorney responded, "at this state of his incarceration, [redacted] memory is severely compromised and, unfortunately, we are skeptical that he can provide you with any further details ..."

The investigation also found instances where "chemical restraints" were used on detainees "that posed a threat to themselves or others," which Rubenstein said, "is contrary to US Bureau of Prison regulations, decisions of the US Supreme Court and to medical ethics principles that forbid subordinating the patient's medical interests to prison security."

[...]

The inspector general's yearlong probe was launched in June 2008, two months after the publication of a Washington Post report in which some detainees claimed they were forcibly drugged and coerced into making confessions.

One of the detainees at the center of The Washington Post report, Adel al-Nusairi, a former Saudi policeman who was imprisoned at Guantanamo from 2002 to 2005, is prominently featured in the inspector general's report and identified as "IG-02."

According to his attorney's notes cited in The Washington Post, al-Nusairi claimed he was injected with an unknown medication that made him extremely sleepy just before he was interrogated in 2002. When his captors awakened him, he fabricated a confession for US interrogators in hopes they would leave him alone so he could sleep.

"I was completely gone," al-Nusairi told his attorney, Anant Raut. "I said, 'Let me go. I want to go to sleep. If it takes saying I'm a member of al-Qaeda, I will.'"

and you can be sure, if it happened at guantánamo, it also took place at bagram and all the other black sites...

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Tuesday, June 19, 2012

Assange seeks asylum in Ecuador

following denial of his appeal to avoid extradition...


ap...
Ecuador's foreign minister says Wilikeaks chief Julian Assange has taken refuge in the South American nation's embassy in London and is seeking political asylum.

Foreign Minister Ricardo Patino says Ecuador is weighing the request.
glenn...

Can anyone claim that Assange’s fear of ending up in American custody is anything other than supremely reasonable and rational? Just look at what has happened to people — especially foreign nationals — over the last decade who have been accused of harming the national security of the United States.

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Wednesday, May 30, 2012

Glenn: The most extremist government interpretation of the Bill of Rights I’ve heard in my lifetime

in essence, the obama administration is saying that, if, in their infinite wisdom, they decided i was a threat to my country, they could deliberate in private about my fate and, without even giving me a chance to face my accusers or, even more egregiously, without informing me that the deliberation was taking place or even that i had been declared a threat, i could find myself walking down the street and suddenly be unceremoniously murdered in cold blood in broad daylight...

glenn greenwald...
Here we have the Obama administration asserting what I genuinely believe, without hyperbole, is the most extremist government interpretation of the Bill of Rights I’ve heard in my lifetime — that the Fifth Amendment’s guarantee that the State cannot deprive you of your life without “due process of law” is fulfilled by completely secret, oversight-free “internal deliberations by the executive branch” — and it’s now barely something anyone (including me) even notices when The New York Times reports it (as the ACLU’s Jameel Jaffer asked yesterday: “These Dems who think executive process is due process: Where were they when Bush needed help with warrantless wiretapping?” — or his indefinite detention scheme?)

[...]

Every year that these assaults on core liberties are entrenched and expanded further — the Firth Amendment guarantee of due process “can be satisfied by internal deliberations in the executive branch” – the more normalized they become, the more invulnerable to challenge they are, the more unlikely it is that they will ever be reversed. In 2006, Al Gore gave a speech on the Bush/Cheney assault on the Constitution and asked: “If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what can’t he do?” What prompted Gore’s denunciation was mere eavesdropping and detention without judicial review. That’s no longer controversial. Now we have this question: if the U.S. President can openly declare the power to order even the nation’s own citizens executed by the CIA in total secrecy, without charges or a whiff of transparency or oversight, what can’t he do?

an online acquaintance posted the following yesterday...
Reading this crap makes me want to leave the planet as soon as possible.

i totally understand what she's saying...

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Thursday, May 17, 2012

A bit of good news on the NDAA

An Obama-appointed judge rules provisions of NDAA likely violate the 1st and 5th Amendments

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Saturday, March 10, 2012

So, who's crazy here? Must be me...

glenn, in commenting on the execrable labeling of dennis kucinich as a crazy wacko for opposing the insane policies and endless wars of our government, dares to point the finger at those who are truly certifiable...
The current President not only has seized the power to assassinate American citizens with no charges, but also to imprison people indefinitely with no charges, to bomb six different countries where no war is declared and where civilians are routinely killed, to invoke extreme, self-parodying levels of secrecy to hide what he does, and to prosecute wars even after Congress votes against their authorization. His cabinet is filled with people who, while in public life, advocated an aggressive attack on another country on the basis of weapons that did not exist, including his Vice President and Secretary of State. His financial team is filled with the very same people who implemented the Wall-Street-subservient policies that led to the 2008 financial crisis. Despite all that, it would be unhealthy in the extreme to hold your breath waiting for the Prospect or the Post to mock any of them as crazy or “wacky,” because what they advocate — as crazy as it is — fits comfortably within the approved orthodoxies of establishment Washington.

wouldn't it be lovely to see the tables turned and have everyone suddenly grasp the truth of the insane behavior that has so many of us in its thrall...?

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Monday, January 16, 2012

Lamenting the loss of our civil liberties on the day set aside to honor Martin Luther King

chris hayes interview with former guantánamo detainee lakhdar boumediene...

boumediene, explains in Arabic how his life was devastated by indefinite detention...

In October, 2001, six Algerian men were arrested in Bosnia and accused of plotting to blow up the U.S. embassy in Sarajevo. They were later released due to insufficient evidence, but immediately handed off to U.S. military forces. In an exclusive interview Chris talks with Lakhdar Boumediene, one of the six men arrested who was then detained at Guantanamo for seven years - without charge or explanation.

With the help of a translator, Boumediene explains life as a Guantanamo prisoner, including the internal politics, ways in which he says U.S. military officials tortured him, and the struggles he faced after being released.


Visit msnbc.com for breaking news, world news, and news about the economy

in a similar vein, glenn reminds us of the tremendous attack on our civil liberties that continues unabated under barack obama... he cites jonathan turley's wapo op-ed...
In The Washington Post yesterday, Law Professor Jonathan Turley has an Op-Ed in which he identifies ten major, ongoing assaults on core civil liberties in the U.S. Many of these abuses were accelerated during the Bush administration in the wake of 9/11, but all have been vigorously continued and/or expanded by President Obama. Turley points out that these powers have long been deemed (by the U.S.) as the hallmark of tyranny, and argues that their seizure by the U.S. Government has seriously called into question America’s status as a free nation: “They form a mosaic of powers under which our country could be considered, at least in part, authoritarian.” All ten of these powers are ones very familiar to readers here:

Assassination of U.S. citizens; Indefinite detention; Arbitrary justice; Warrantless searches; Secret evidence; War crimes; Secret court; Immunity from judicial review; Continual monitoring of citizens; and Extraordinary renditions.

feel the hope...? feel the change...?

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Tuesday, January 03, 2012

Welcome to 2012 and the dystopian world of the NDAA [UPDATE]

feel the hope...? feel the change...?

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from raw story...
Even though President Barack Obama made closing Guantanamo one of his core campaign promises in the lead-up to the presidential election in 2008, that promise now appears to be “nearly impossible” to fulfill thanks to provisions in the new laws, Baher Azmy, legal director of the Center for Constitutional Rights, explained.

[...]

“It has no real geographical limitation, it has no temporal limitation,” he said, summarizing key provisions in the NDAA. “It basically puts into law, into permanent law, the ability to indefinitely detain, outside of a constitutional justice system, individuals the president picks up anywhere in the world that the president thinks might have some connection to terrorism. The United States Congress, with the support of the president, has now put into law the possibility of indefinite detention, where the entire world, including the United States, is a battlefield.”

But more than just giving the presidency more power to imprison terror suspects, the NDAA also strikes at Obama’s promise to close Guantanamo by limiting the executive’s authority to transfer prisoners.

“[There are] really dangerous provisions here that would make it nearly impossible to close Guantanamo,” Azmy explained. “Congress has forbidden from transferring or releasing any detainees from Guantanamo to their home countries or third countries willing to take them as refugees unless the Defense Department can meet this exceedingly onerous certification requirement. Basically, before anyone can be released, the Defense Department has to certify that the individual will not engage in any hostile acts when they are returned — something that the Defense Department cannot certify, which is why the FBI and [Defense Secretary] Leon Panetta vigorously opposed these provisions.

“The effect of that will make it virtually impossible to move people out of Guantanamo. Congress is basically shutting all of the detainees in.”

Azmy added that while Obama did add a signing statement which promises not to indefinitely detain without charge any American citizen, nothing in the law would “prevent President Romney from doing precisely the opposite.”

“This legislation puts into law, into a legal architecture, authority for the president to do things that no president has ever been authorized to do before. It’s a scary day for civil liberties if we depend on the graces of the executive not to use power the Congress has given them.”

president romney... god almighty... kinds seems like that's where we're heading, doesn't it...? otoh, having obama re-elected for a second term doesn't sound much better...

[UPDATE]

occupy wall street is planning to protest the ndaa today in nyc...

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January 3rd will be a spontaneous show of people power in reaction to Obama’s treasonous signing of the National Defense Authorization Act. Not only does this act violate our first, third, fourth, fifth and sixth amendments, as well as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, but this Act was signed quietly this past New Years Eve violating what little trust remained between the people and their established government. We see what’s happening here, and we will not stand for it.

Tentative Schedule for Day of Action:

7:30AM (All Day) – OWS solidarity with the New York State Nurses Association Strike at St. Lukes (1111 Amsterdam Ave and 112th Street) and Roosevelt Hospital (1000 10th Ave and 59th Street.)
12PM – Press Conference at NYPL (Bryant Park)
2PM – Office Demonstration at Senator Gillibrand’s office (780 3rd Ave.)
3PM – Office Demonstration at Senator Schumer’s office (757 3rd Ave.)
4PM – Rally at Rockefeller Plaza
5PM – Flash check about NDAA in Grand Central for commuters.

you go, ows...!

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Saturday, December 17, 2011

The NDAA - the United States of Gitmo

from rt...

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Friday, December 16, 2011

NYT - The NDAA has so many objectionable aspects that we can’t go into them all

the nyt trashes obama on the ndaa...
This is a complete political cave-in, one that reinforces the impression of a fumbling presidency. To start with, this bill was utterly unnecessary. Civilian prosecutors and federal courts have jailed hundreds of convicted terrorists, while the tribunals have convicted a half-dozen.

And the modifications are nowhere near enough. Mr. Obama, his spokesman said, is prepared to sign this law because it allows the executive to grant a waiver for a particular prisoner to be brought to trial in a civilian court. But the legislation’s ban on spending any money for civilian trials for any accused terrorist would make that waiver largely meaningless.

The bill has so many other objectionable aspects that we can’t go into them all. Among the worst: It leaves open the possibility of subjecting American citizens to military detention and trial by a military court. It will make it impossible to shut the prison in Guantánamo Bay, Cuba. And it includes an unneeded expansion of the authorization for the use of military force in Afghanistan to include indefinite detention of anyone suspected of being a member of Al Qaeda or an amorphous group of “associated forces” that could cover just about anyone arrested anywhere in the world.

glenn expands...
[T]here is simply no question that this bill codifies indefinite detention without trial (Myth 1). There is no question that it significantly expands the statutory definitions of the War on Terror and those who can be targeted as part of it (Myth 2). The issue of application to U.S. citizens (Myth 3) is purposely muddled — that’s why Feinstein’s amendments were rejected — and there is consequently no doubt this bill can and will be used by the U.S. Government (under this President or a future one) to bolster its argument that it is empowered to indefinitely detention even U.S. citizens without a trial...

[...]

Even if it were true that this bill changes nothing when compared to how the Executive Branch has been interpreting and exercising the powers of the old AUMF, there are serious dangers and harms from having Congress — with bipartisan sponsors, a Democratic Senate and a GOP House — put its institutional, statutory weight behind powers previously claimed and seized by the President alone. That codification entrenches these powers. As the New York Times Editorial today put it: the bill contains “terrible new measures that will make indefinite detention and military trials a permanent part of American law.

here's the occupy reno response...

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Thursday, December 15, 2011

A direct threat to the freedom of the American people every bit as menacing as any we face from foreign enemies

and a happy holiday to all...

robert scheer...

The defense authorization bill that Congress passed and President Obama had threatened to veto will soon become law, a fact that should be met with public outrage. Human Rights Watch President Kenneth Roth, responding to Obama’s craven collapse on the bill’s most controversial provision, said, “By signing this defense spending bill, President Obama will go down in history as the president who enshrined indefinite detention without trial in US law.” On Wednesday, White House Press Secretary Jay Carney claimed “the most recent changes give the president additional discretion in determining how the law will be implemented, consistent with our values and the rule of law, which are at the heart of our country’s strength.”

What rubbish, coming from a president who taught constitutional law. The point is not to hock our civil liberty to the discretion of the president, but rather to guarantee our freedoms even if a Dick Cheney or Newt Gingrich should attain the highest office.

Sadly this flagrant subversion of the constitutionally guaranteed right to due process of law was opposed in the Senate by only seven senators, including libertarian Republican Rand Paul and progressive Independent Bernie Sanders.

That onerous provision of the defense budget bill, much discussed on the Internet but far less so in the mass media, assumes a permanent war against terrorism that extends the battlefield to our homeland. It reeks of a militarized state that threatens the foundations of our republican form of government.

[...]

What’s alarming is ... the ease with which an otherwise deadlocked Congress that can’t manage minimal funding for job creation and unemployment relief can find the money to fund at Cold War levels a massive sophisticated arsenal to defeat an enemy that no longer exists.

Throwing $662 billion, plus hundreds of billions more in non-Pentagon “security” programs, at what that other great-general-turned-president, Dwight Eisenhower, condemned as the “military-industrial complex,” with its tentacles in every congressional district, is an act of absurdity in a world bereft of a serious military challenge to the United States. Not even the best-funded terrorists can afford aircraft carriers.

[...]

We had every right to expect President Obama to stick to his word and veto this bill, not as a means of forcing a much needed bigger cut in government waste, but more urgently because its assault on the Constitution’s requirement of due process represents a direct threat to the freedom of the American people every bit as menacing as any we face from foreign enemies.

feeling that holiday spirit yet...?

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Monday, December 12, 2011

Matt Taibbi - does getting filthy rich now equate with winning the full rights of citizenship?

matt discusses some of the ramifications of the passage of the national defense authorization act with its indefinite detention provisions...
On which side of the societal fence do you think the McCains and Grahams would put, say, an unemployed American plumber who refused an eviction order from Bank of America and holed up with his family in his Florida house, refusing to move? Would Graham/McCain consider that person to have the same rights as Lloyd Blankfein, or is that plumber closer, in their eyes, to being like the young Muslim who throws a rock at a U.S. embassy in Yemen?

A few years ago, that would have sounded like a hysterical question. But it just doesn’t seem that crazy anymore. We’re turning into a kind of sci-fi society in which making it and being a success not only means getting rich, but also means winning the full rights of citizenship. I hope I’m wrong, but I don’t see this ending well.

no... i don't see it ending well... not at all...

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Friday, December 09, 2011

Ending the Bill of Rights in the U.S.

a message from anonymous...

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What's worse, the Defense Authorization Act or the Stop Online Piracy Act?

as soon as i read the story about hillary's unbelievably hypocritical speech at the hague extolling OTHER countries to espouse unfettered internet freedom, i just KNEW glenn would be all over it like white on rice...
Hillary Clinton and Internet Freedom

Hypocrisy from the U.S. Government — having U.S. officials self-righteously impose standards on other countries which they routinely violate — is so common and continuous that the vast majority of examples do not even merit notice. But sometimes, it is so egregious and shameless — and sufficiently consequential — that it should not go unobserved. Such is the case with the speech delivered by Secretary of State Hillary Clinton yesterday at a Conference on Internet Freedom held at the Hague, a conference devoted to making “a stand for freedom of expression on the internet, especially on behalf of cyber dissidents and bloggers.”

[...]

She astutely observed that “those who push these plans often do so in the name of security.” She added that “the first challenge is for the private sector to embrace its role in protecting internet freedom,” which — she lamented — has not always happened: “A few years ago, the headlines were about companies turning over sensitive information about political dissidents. Earlier this year, they were about a company shutting down the social networking accounts of activists in the midst of a political debate.” She concluded with a real flourish: “Our government will continue to work very hard to get around every barrier that repressive governments put up” even though such governments will try to maintain those barriers “by resorting to greater oppression.”

What Hillary Clinton is condemning here is exactly that which not only the administration in which she serves, but also she herself, has done in one of the most important Internet freedom cases of the last decade: WikiLeaks. And beyond that case, both Clinton specifically and the Obama administration generally have waged a multi-front war on Internet freedom.

[...]

Perhaps worst of all, many of the administration’s key allies in the Senate are now pushing a bill – in the name of stopping online piracy (SOPA) — that would vest the U.S. government and the largest corporations with draconian powers literally to shut down or otherwise disable Internet sites without due process. Hillary Clinton personally ”tacitly endorsed that bill,” enabling the bill’s key Democratic Congressional supporters to tout State Department support for it. As EFF’s Trevor Timm recently wrote: “Ironically, we know from the WikiLeaks cables that the State Department has also aggressively lobbied many other countries for strict new laws similar to SOPA. They have even offered to fund enforcement and literally draft the laws that sacrifice free speech for greater copyright protection for Hollywood.”

here's glenn talking with cenk uygur on current's young turks...

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Monday, December 05, 2011

Be a good quiet peon and you have no reason to worry

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from economonitor...
Historians will debate the exact date the Constitution no longer ruled America. When did it die in our hearts? When during the long slow decay did we pass from self-rule into oligarchy? When did we lose so many freedoms so that we were no longer a free people?

I believe that we passed that point this week. We need to think about our future. All paths from here lead into darkness of oligarchy; that seems unavoidable. Some of these paths may go up into the light again. Perhaps to a revived Second Republic, applying the paddles to shock Constitution back to life. Perhaps to a Third Republic.

[...]

The Fifth Amendment to the Constitution is its core. Without its protections the rest of document are little but pleasant sentiments.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Congress has in effect repealed these words, allowing the Executive to declare guilt (in secret), and jail indefinitely or execute — using the military. Be a good quiet peon and you have no reason to worry.

so, where do we go from here...?

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Saturday, December 03, 2011

The extremists on two sides of a conflict are almost always identical

i've said for years that there is a frightening similarity between extremists of all stripes... islamic religious extremists are a mirror image of christian religious extremists... there isn't even a sliver of daylight between republicans and democrats... the bigotry of some people in the black and hispanic communities can easily rival that of whites...

glenn, in his usual masterful and thorough way, makes the same case for those who ceaselessly push the war on terror and those who ceaseless wage the war of jihad...

The Enemy — which America’s warriors maintain and glorify with their endless we-are-at-War! fixation and in whose name Endless War is waged and civil liberties are destroyed — is, indeed, “on many counts the projection of the self.” There’s a good reason why Al Qaeda members and American would-be warriors are both equally desperate to maintain the we-are-at-War! mindset: it’s what gives them purpose and justifies everything they do.

i've only excerpted a small portion of glenn's post... it's well worth reading in its entirety as it sets forth a compelling perspective on these two events from thursday...
(1) the Democratic-led Senate rejuvenated and expanded the War on Terror by, among other things, passing a law authorizing military detention on U.S. soil and expanding the formal scope of the War; and (2) Obama lawyers, for the first time, publicly justified the President’s asserted (and seized) power to target U.S. citizens for assassination without any transparency or due process.

interesting times, eh...?

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Thursday, December 01, 2011

Fear that the justifications they have long given for the War no longer exist

glenn on the national defense authorization act...
Here are the bill’s three most important provisions:

(1) mandates that all accused Terrorists be indefinitely imprisoned by the military rather than in the civilian court system; it also unquestionably permits (but does not mandate) that even U.S. citizens on U.S. soil accused of Terrorism be held by the military rather than charged in the civilian court system (Sec. 1032);

(2) renews the 2001 Authorization to Use Military Force (AUMF) with more expansive language: to allow force (and military detention) against not only those who perpetrated the 9/11 attacks and countries which harbored them, but also anyone who “substantially supports” Al Qaeda, the Taliban or “associated forces” (Sec. 1031); and,

(3) imposes new restrictions on the U.S. Government’s ability to transfer detainees out of Guantanamo (Secs. 1033-35).

it's glenn's analysis that i find to be the really interesting part...
I haven’t written about this bill until now for one reason: as odious and definitively radical as the powers are which this bill endorses, it doesn’t actually change the status quo all that much. That’s because the Bush and Obama administrations have already successfully claimed most of the powers in the bill, and courts have largely acquiesced. To be sure, there are dangers to having Congress formally codify these powers. But a powerful sign of how degraded our political culture has become is that this bill — which in any other time would be shockingly extremist — actually fits right in with who we are as a nation and what our political institutions are already doing. To be perfectly honest, I just couldn’t get myself worked up over a bill that, with some exceptions, does little more than formally recognize and codify what our Government is already doing.

now, prepare to be chilled to the bone...
Indefinite, charge-free military detention of people accused — accused – of Terrorism has been fully embraced by both the Bush and Obama administrations (it’s one of the reasons some of us have been so vocally critical). The Obama administration has gone even further and argued that it has the power not merely to detain accused Terrorists (including U.S. citizens) without due process, but to kill them. It is true that the Obama DOJ has chosen to try some accused Terrorists in civilian courts — and this bill may make that more difficult — but the power of military detention already rests with the Executive Branch. And while it would be worse for Congress to formally codify these powers and thus arguably overturn long-standing prohibitions on using the U.S. military on U.S. soil, the real legal objections to such detention are grounded in Constitutional guarantees, and no act of Congress can affect those. In sum, this bill would codify indefinite military detention, but the actual changes when compared to what the Executive Branch is doing now would be modest. That’s not a mitigation of this bill’s radicalism; it’s proof of how radical the Executive Branch under these two Presidents has already become.

on the aumf (authorization for the use of military force)...

We have the same story with this provision. On paper, Levin/McCain would expand the War on Terror by codifying more expansive language defining the scope of the conflict than is contained in the 2001 AUMF. The old AUMF only authorized force (which the Supreme Court found includes military detention) “against those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided” the 9/11 attack and those nations which harbored them. By contrast, Levin/McCain would also authorize force against “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.” This is intended to allow force to be used against groups that did not even exist at the time of 9/11 — such as the ones in Yemen and Somalia — as well to allow force against persons who may not be a member of those groups but who provide “substantial support.”

Here again, though, this is already what the U.S. Government is doing. The Obama administration has repeatedly insisted – and some courts have accepted — that the 2001 AUMF already includes not only Al Qaeda but “associated forces.” Thus, insists the Obama administration, it has the right to bomb Yemen and Somalia under the terms of the 2001 AUMF even though the targeted groups didn’t even exist at the time of the attack — and to detain people who had nothing to do with 9/11 — because they are already interpreting the 2001 AUMF in the same way as Levin/McCain define the war: Al Qaeda and “associated forces,” and not just members of Terrorist groups but those who “substantially support” such groups.


on obama's veto threat...
Let’s be very clear, though, about what the “veto threat” is and is not. All things considered, I’m glad the White House is opposing this bill rather than supporting it. But, with a few exceptions, the objections raised by the White House are not grounded in substantive problems with these powers, but rather in the argument that such matters are for the Executive Branch, not the Congress, to decide. In other words, the White House’s objections are grounded in broad theories of Executive Power. They are not arguing: it is wrong to deny accused Terrorists of a trial. Instead they insist: whether an accused Terrorist is put in military detention rather than civilian custody is for the President alone to decide.

glenn's equally chilling summary...
If someone had said before September 11 that the Congress would be on the verge of enacting a bill to authorize military detention inside the U.S., it would be hard to believe. If someone had said after September 11 (or even after the 2006 and 2008 elections) that a Democratic-led Senate — more than ten years later, and without another successful attack on U.S. soil — would be mandating the indefinite continuation of Guantanamo and implementing an expanded AUMF, that, too, would have been hard to believe. But that’s exactly what Congress, with the active participation of both parties, is doing. And the most amazing part of it all is that it won’t change much, because that is more or less what Washington, without any statutory authorization, has already done. That’s how degraded our political culture is: what was once unthinkable now barely prompts any rational alarm — not because it’s not alarming, but because it’s become so normalized.

i've lamented too many times about what's become of my country... it's very hard to witness this kind of degradation of fundamental principles that we have been witnessing virtually every day now for over ten years without lapsing into heart-numbing despair...

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Tuesday, March 08, 2011

Glenn: Obama's Executive Order only reinforces what he's done from the start of his Presidency

what with the time zone difference, i didn't get to see glenn's response to the new obama executive order on military tribunals and guantánamo until this morning but it's pretty much as i expected...
Obama -- for reasons having nothing to do with Congress -- worked from the start to preserve the crux of the Bush/Cheney detention regime. Even with these new added levels of detention review (all inside the Executive Branch), this new Executive Order is little more than a by-product of that core commitment, and those blaming it on Congress either have little idea what they're talking about or are simply fabricating excuses in order to justify yet another instance where Obama dutifully "bolsters" the Bush War on Terror template. Indefinite detention and military commissions are continuing because Obama worked from the start for that goal -- not because Congress forced him to do so.

As as happened over and over, while progressives and civil libertarians are furious about the new Order, former Bush officials and right-wing Warriors are ecstatic. The anti-Muslim McCarthyite Rep. Peter King (R-NY) issued a statement this morning, as quoted by The Post, which lavished Obama with praise: "I commend the Obama Administration for issuing this Executive Order. The bottom line is that it affirms the Bush Administration policy that our government has the right to detain dangerous terrorists until the cessation of hostilities." That perfectly captures the legacy of Barack Obama on civil liberties.

somewhere in a corner of my heart, i keep wanting to believe in obama but my conscious, rational mind has long since despaired of him take action on making things right, things that so desperately need to be made right...

i guess i share matt damon's disillusionment...

Matt Damon: Obama Has 'Rolled Over To Wall Street Completely'

[...]

"I think he's rolled over to Wall Street completely. The economy has huge problems. We still have all these banks that are too big to fail. They're bigger and making more money than ever," Damon said in an interview with the U.K.'s Independent.

Damon also zeroed in on the Bush tax Cuts that Obama recently extended, a move which has been met with significant criticism.

yes, rolling over to wall street is a huge issue but the disregard for the constitution and civil liberties is flouting the essence of who we are as a nation...

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Statement from The Constitution Project on resuming Guantánamo tribunals [UPDATE]

the obama administration sinks ever lower...
White House Says Military Tribunals Can Resume at Guantánamo

President Barack Obama issued an order on Monday approving
the resumption of military trials for detainees at Guantánamo
Bay, Cuba, The Associated Press reported.

The order ends a two-year ban on new cases. President Obama
took office promising to close the detention center and
prosecute suspects held there in domestic civilian courts,
but the plan was blocked by controversies over where to hold
the suspects and try them.

the constitution project responds...
The Constitution Project (TCP) issued a statement in reaction to the release of an executive order that would establish a regular review process for Guantánamo detainees who will not be released or tried, and an order to Secretary Gates to refer new charges to the military commissions system.

According to TCP Policy Counsel Mason C. Clutter, "Continuing to arbitrarily hold the detainees without charge for an indefinite period of time is inconsistent with our Constitution and the rule of law. While creating a system of periodic review for the Guantánamo detainees whose habeas petitions have been denied is a welcome improvement over current circumstances, the remaining detainees must be held in a manner consistent with the law of war, brought before a court to face criminal charges, or released. These are the only options available to us that are consistent with our constitutional obligations."

Ms. Clutter further observed, "TCP is pleased that President Obama remains committed to using Article III courts, but is very disappointed that he has decided to give new life to the military commissions without proceeding with parallel prosecutions in our proven civilian criminal justice system. Our civilian criminal justice system remains the most effective tool in America's fight against terrorism, with a track record of handling more than 400 terrorism related cases compared to only 6 cases completed in the military commissions. We urge the President and Congress to work together to repeal current legislation and prevent future legislation that would prohibit the administration from using civilian criminal courts."

In 2009, TCP released Beyond Guantánamo: A Bipartisan Declaration advocating for the use of our traditional federal criminal courts to try the remaining Guantánamo detainees and opposing a system of indefinite detention without charge. The bipartisan Declaration was signed by nearly 140 prominent experts, including former federal judges, prosecutors, diplomats, military and intelligence leaders, and 9/11 victim family members.

i'm sure glenn will weigh in soon and, when he does, i will post an update...

[UPDATE]

while we're waiting for glenn, here's marcy's take...

If detaining someone indefinitely is “necessary to protect against a significant threat to the security of the United States,” Obama says, he can do it.

So I say, fine! Let’s indefinitely detain the banksters that crashed our entire economy. They fairly routinely hold the workers and taxpayers of this country hostage these days, just like terrorists do. And when you account for the number of people they’ve left homeless and hungry, the damage they have done may well surpass that of the attack on 9/11. Clearly, the banksters are a “significant threat to the security of the United States”–they’re the biggest threat to the security of the US. And the genius of Obama’s EO is it doesn’t even require the detainees, themselves, represent a threat. Rather, if their detention is necessitated by the security threat, we can detain them. We don’t have to trouble with sorting the good banksters, like Jamie Dimon, from the bad banksters, like Dick Fuld. We can detain them all, just to make sure we don’t accidentally miss any. (Sorry Bill, we can’t take any risks, so this includes you too!)

Simple as that. Our biggest security threat solved!

indefinitely detain the banksters...?!?!? wow...! i LIKE it...!

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Thursday, November 18, 2010

More on Ghailani: Bush and Cheney had him acquitted

juan cole...

This is how George W. Bush and Dick Cheney got Ahmed Khalfan Ghailani, suspected of involvement in the bombing of two US embassies in East Africa in 1998, off hundreds of murder charges: They had him tortured.

Ghailani was convicted Wednesday of conspiracy to damage US government property, for which he could well face life imprisonment, but was acquitted of murder charges stemming from the deaths caused by the blowing up of the embassies.

The US right wing is jumping up and down and denouncing Attorney General Eric Holder for trying Ghailani in a civilian court instead of in a military tribunal, and implying that he got off because civilian law is more lax than that of the tribunals would have been.

For instance, Rep. Peter T. King (R-NY) thundered, “This tragic verdict demonstrates the absolute insanity of the Obama administration’s decision to try Al Qaeda terrorists in civilian courts.” King, defended Bush’s commitment to torturing people, saying “Bush deserves credit for what he did.” King should be aware that advocating war crimes itself was considered a crime at the Nuremberg trials.

In fact, the government case against Ghailani was undermined precisely by Bush and Cheney and their foaming-at-the-mouth supporters on the Right, which increasingly deserves to be called simply American Fascism. The case was undermined by the use of torture.


i was just listening to npr news where the newscasters and commentators took the tack that the whole deal was the result of holding a civilian trial... when will we be able to shake off this horrendous, manipulative, constitution-undermining propaganda...?

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