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And, yes, I DO take it personally
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"Everybody's worried about stopping terrorism. Well, there's a really easy way: stop participating in it."
- Noam Chomsky
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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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Sunday, April 24, 2011

The money quote: "...patchwork and contradictory evidence that in many cases would never have stood up in criminal court or a military tribunal"

the nyt does another unchallenged dump of secret documents while bradley manning is being tortured for doing the same thing...
A trove of more than 700 classified military documents provides new and detailed accounts of the men who have done time at the Guantánamo Bay prison in Cuba, and offers new insight into the evidence against the 172 men still locked up there.

Military intelligence officials, in assessments of detainees written between February 2002 and January 2009, evaluated their histories and provided glimpses of the tensions between captors and captives. What began as a jury-rigged experiment after the 2001 terrorist attacks now seems like an enduring American institution, and the leaked files show why, by laying bare the patchwork and contradictory evidence that in many cases would never have stood up in criminal court or a military tribunal.

and 172 of them are still there... how incredibly sad...

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Monday, April 04, 2011

Looks to me like Obama has taken a 180-degree turn on virtually everything we thought we were electing him for

bipartisanship = pandering...?

the story...

Khalid Shaikh Mohammed to Be Tried by Military Commission at Guantánamo, in Reversal

In a major reversal, the Obama administration has decided to
try Khalid Sheikh Mohammed for his role in the attacks of
Sept. 11 before a military commission at Guantánamo Bay,
Cuba, and not in a civilian courtroom.

Attorney General Eric H. Holder Jr. is expected to announce
on Monday afternoon that Mr. Mohammed, the self-described
mastermind of the attacks, and four other accused
conspirators will face charges before a panel of military
officers, a law enforcement official said. The Justice
Department has scheduled a press conference for 2 p.m.
Eastern time.

Mr. Holder, who had wanted to prosecute Mr. Mohammed before a
regular civilian court in New York City, changed his mind
after Congress imposed a series of restrictions barring the
transfer of Guantánamo detainees into the United States,
making such a trial impossible for now, the official said.

the editorial...
Cowardice Blocks the 9/11 Trial

Last year, Attorney General Eric Holder Jr. described a federal court trial for the self-professed mastermind of Sept. 11 attacks, Khalid Sheikh Mohammed, as “the defining event of my time as attorney general.” On Monday, Mr. Holder’s dream for demonstrating the power of the American court system crumbled when he announced that the trial would take place not in New York City or anywhere in the United States but before a military commission at the Guantánamo Bay, Cuba, prison camp.

That retreat was a victory for Congressional pandering and an embarrassment for the Obama administration, which failed to stand up to it.

The wound inflicted on New York City from Mr. Mohammed’s plot nearly a decade ago will not heal for many lifetimes, yet the city, while still grieving, has thrived. How fitting it would have been to put the plot’s architect on trial a few blocks from the site of the World Trade Center, to force him to submit to the justice of a dozen chosen New Yorkers, to demonstrate to the world that we will not allow fear of terrorism to alter our rule of law.

i never thought i was casting a vote for an utter weenie...

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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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Monday, November 15, 2010

We have to have a war to hold Khalid Sheikh Mohammed without a trial and have to hold KSM to continue to have a war

oh, ow... ouch, ow, ow... my head hurts...

marcy...

[T]he AUMF [Authorization for the Use of Military Force] just became a forever war–at least one lasting the next twenty to forty years of KSM’s life. Because the government has apparently decided to hold KSM with no more solid legal justification than the war, which judges have interpreted to be the AUMF. Which means the government is going to have to sustain some claim that that AUMF remains in effect, even if we go broke and withdraw from Afghanistan as a result (that seems to be the only thing that will make us withdraw, in spite of the fact that we’re not going to do any good there).

[...]

The decision to hold KSM indefinitely has now flipped that equation: so long as the only justification for holding KSM is the claim we’re at war, we’ll have to remain at war.

And all those bonus powers a President gets with the claim that we’re at war? They’re all wrapped up now, in the necessity to hold KSM forever.

oh, ouch... make the bad man stop...

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Friday, March 05, 2010

Bring Dubya back... He's a lot more fun to hate...

what a worthless piece of shit obama is turning out to be...
President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.'s plan to try him in civilian court in New York City.

The president's advisers feel increasingly hemmed in by bipartisan opposition to a federal trial in New York and demands, mainly from Republicans, that Mohammed and his accused co-conspirators remain under military jurisdiction, officials said. While Obama has favored trying some terrorism suspects in civilian courts as a symbol of U.S. commitment to the rule of law, critics have said military tribunals are the appropriate venue for those accused of attacking the United States.

we thought we were getting rid of bush but instead, what did we get...? a "bush of color"... just shoot me...

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Thursday, December 06, 2007

In custody six years, first charged three years ago, and only NOW will the "unlawful enemy combatant" question be addressed

this is shameful...

read the first sentence of this article and note your own gut response...

Witnesses are expected to take the stand Thursday for the first time since the U.S. government began trying to prosecute terrorism suspects at Guantánamo.

Prosecutors are expected to present about five witnesses to back their case that Salim Ahmed Hamdan — a former driver for Osama bin Laden — should be charged as an unlawful enemy combatant...

i don't know about you, but i immediately keyed in on the words "first time" and "trying..."
"This will be the first time you will hear about some of the evidence that the government has had and wanted to present," said Army Maj. Bobby Don Gifford, a spokesman for the military commissions.

On Wednesday, a military judge rejected a defense request to talk to the alleged mastermind of the Sept. 11 attacks and two other so-called "high value" detainees to bolster their case that Hamdan was at best a minor al-Qaida figure.

again, "first time..." also illuminating are these choice of words - "has had" and "wanted to..."
so, let's put a bit of context around those words, shall we...?
Hamdan has been in custody nearly six years and was first charged more than three years ago.

puts a little bit different spin on those words, doesn't it...?

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Saturday, December 01, 2007

"Instead of a presumption of innocence and of a public trial, we start with a presumption of guilt and of a secret trial”

from the nyt via raw story...
Defense lawyers preparing for the war crimes trial of a 21-year-old Guantánamo detainee have been ordered by a military judge not to tell their client — or anyone else — the identity of witnesses against him, newly released documents show.

[...]

Defense lawyers say the order would hamper their ability to build an adequate defense because they cannot ask their client or anyone else about prosecution witnesses, making it difficult to test the veracity of testimony.

The order, the documents show, followed a request by military prosecutors who said they feared terrorist retaliation against witnesses who appeared at Guantánamo proceedings.

[...]

Mr. Khadr’s military defense lawyer, Lt. Cmdr. William C. Kuebler of the Navy, said that while he has been given a list of prosecution witnesses, the judge’s decision requires him to keep secrets from his client and that he would ask Colonel Brownback to revoke the order. He said it treated Mr. Khadr as if he had already been convicted and deprived him of a trial at which the public could assess the evidence against him.

“Instead of a presumption of innocence and of a public trial,” Commander Kuebler said, “we start with a presumption of guilt and of a secret trial.”

[...]

In an interview, Brig. Gen. Thomas W. Hartmann, a senior official in the Pentagon’s Office of Military Commissions, said that the commission system was open to scrutiny from news organizations and human rights groups and that the order was necessary to protect the lives of witnesses.

“The system is designed to be open,” General Hartmann said. “But there are certain things that simply must be protected.”

i beg to differ... the system is NOT "designed to be open..." it may be easy to say those words, but the facts don't support them...
Joshua L. Dratel, a lawyer in New York who represented another detainee prosecuted for war crimes, described such orders as an Orwellian effort to hamstring defense lawyers while making it appear that detainees are rigorously represented.

“It is ‘1984,’” Mr. Dratel said. “No system in the United States would operate this way.”

Some legal experts said while the identities of witnesses were shielded on rare occasions in American courts, an order applying to all witnesses in a case would be exceptional.

Such an order “would be very, very unusual” in a civilian court, said James A. Cohen, a Fordham University law professor, adding that he knew of no blanket order protecting the identities of all witnesses in a case.

mr. khadr's defense attorney sums it up...
In an e-mail message on Oct. 11 to the judge and the prosecutors, Commander Kuebler argued that it was notable that the entire discussion of whether witnesses would be permitted to shield their identities was being conducted without anyone in the public or the press able to observe the arguments.

“The manner in which this is being dealt with (i.e., off the record, via e-mail),” he wrote, “creates an added level of difficulty by making it appear that the government is trying to keep the secrecy of the proceedings a secret itself.”

the "justice" system of the united states of america, circa late 2007...

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Sunday, June 17, 2007

Dana Perino: the Democrats’ “obsession with trying to get Karl Rove is bordering on the weird”



no, it's not weird... in fact, a burning desire to hold karl rove accountable is perhaps one of the LEAST weird things going on in the country right now... since even before george bush's texas governorship, anybody with two brain cells to rub together who has been paying the slightest bit of attention, recognizes that karl rove, along with dick cheney, is one of the darkest forces to ever strut across the world stage... it's certainly not like the perversion, debasement, and polarization of the national dialog originated with karl rove, but karl, in his demented, obsessed passion for creating an all-powerful, one-party state, not restricted in any way by such fusty, antiquated notions as the constitutional separation of powers, the wall between church and state, congressional oversight, the rule of law, or common human decency, has succeeded in propelling us to depths so low that light does not even penetrate... if there is any justice in this world, there will be accountability for this profoundly evil man...
Senator Charles E. Schumer, the New York Democrat who is leading the investigation in the Senate, said it made sense for lawmakers to “go to the underlings first.” But Charles Black, a Republican strategist close to the White House, characterized Mr. Rove’s absence from the subpoena as a delaying tactic intended to keep the controversy alive.

“I think the Democrats have a three- or four- or five-act play scripted here,” Mr. Black said, “and Karl is probably Act 5.”

Mr. Bush has already said he would not stand for top aides like Mr. Rove being dragged up to Capitol Hill for “show trials” under “the klieg lights.” And Dana Perino, the deputy White House press secretary, complained on Friday that the Democrats’ “obsession with trying to get Karl Rove is bordering on the weird.”

Now the president must decide how aggressive he wants to be about defending his right to receive confidential advice, from Mr. Rove or anyone else in his inner circle. Mr. Bush has assiduously protected presidential prerogatives. He has expanded presidential powers, claiming authority to try terror suspects in military tribunals and eavesdrop on Americans without court warrants — and without the knowledge of Congress.

Some allies of the White House say an executive privilege battle is the next logical step.

by all means, continue to paint the entire effort as merely a political chess game, a carefully crafted ploy to keep the democrats under the spotlight on the national stage, and continue to ignore the underlying constitutional crisis that threatens to swallow us all... as someone from canada said to me yesterday, "i love to watch american politics... it's so ENTERTAINING...!" yes, it would be entertaining if it was indeed only a play and the consequences weren't so potentially dire...

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Wednesday, June 06, 2007

Guantánamo: "When you can’t win a bet with loaded dice, something is wrong with the game"

yeah, i think that's safe to say...

Gitmo: A National Disgrace


[...]

It is time to get rid of it.

according to the nyt, the problems are...
  • [T]he special detention system is ... fundamentally corrupt.
  • The tribunals are, in fact, kangaroo courts that give the inmates no chance to defend themselves, allow evidence that was obtained through torture and can be repeated until one produces the answer the Pentagon wants.
  • The Guantánamo camp was ... built on a lie — that the hundreds of detainees at Gitmo are all dangerous terrorists.
  • Guantánamo ... was organized around a fiction — that Mr. Bush had the power to create this rogue system in the first place.
and the solutions are both simple and in keeping with the fundamental, historical principles of the u.s. justice system...
  • Congress needs to restore the right of the inmates of Guantánamo Bay to challenge their detentions.
  • Those who are truly illegal combatants would be sent to military or civilian jails in the United States, to be tried under time-tested American rules of justice, or sent to an international tribunal. Some would be returned to their native lands for trial, if warranted. The rest would be set free, as they should have been long ago.
  • Congress should repeal the Military Commissions Act and start anew on a just system for determining whether prisoners are unlawful combatants. Among other things, evidence obtained through coercion and torture should be banned.
  • Congress should shut down Guantánamo Bay.
our national self-respect has suffered tremendously under the lawless regime of george w. bush... not the least of that has been the condoning of such outrageous policies as torture enhanced interrogation techniques, secret detention in cia "black sites," extraordinary rendition, and the denial of access to the established judicial process in a timely manner, substituting instead what the nyt rightly calls kangaroo courts... it's not just time to get rid of it... it's WAY PAST time...

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Tuesday, June 05, 2007

"We don't agree with the [Guantánamo] ruling"

well, of COURSE they don't...
'We don't agree with the ruling,' White House spokesman Tony Fratto told reporters in Prague where President George W. Bush kicked off a European tour that will take him to the Group of Eight summit in Germany tomorrow.

Fratto maintained that the tribunals remain appropriate for dealing with foreign terrorism suspects, saying 'The system is taking great care to be within the letter of the law.'

if the goddam system was taking "great care to be within the letter of the law," the military commissions act would have never been passed and this travesty would never have transpired...

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"Congress should ... force the government to cease circumventing legitimate U.S. courts"

i speculated in my earlier post that yesterday's guantánamo decisions could open a window of opportunity to make things right and perhaps lead to the repeal of the heinous military commissions act... i also speculated that military attorneys and judges may well be expressing their resistance to this draconian attempt to subvert the u.s. justice system... it looks like i was right on both counts...
Marine Col. Dwight Sullivan, head of the war crimes tribunal defense team, said that Congress should take the opportunity to force the government to cease circumventing legitimate U.S. courts in its effort to prosecute Guantanamo prisoners.

"The military commissions are a model that has repeatedly shown itself incapable of rendering justice," said Sullivan. He added that after the rulings, "if the United States government is wise, this would be the fatal blow to military commissions."

Monday's rulings could provide an opportunity for Defense Secretary Robert M. Gates to again propose moving trials to the U.S. mainland. Gates, who told Congress earlier this year that he favors shutting the prison, was traveling in Kyrgyzstan on Monday.

note the specific verbiage...

"circumvent"
"legitimate U.S. courts"
"incapable"
"if the United States government is wise"
"fatal blow"

that these people don't approve of what they're being told to do is crystal clear... shouldn't their concerns be taken very seriously...?

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Monday, June 04, 2007

Still more on Omar Khadr

jeralyn at talkleft pointed me to this piece from the june 23, 2005, toronto star...
Canada's only known detainee in Guantanamo Bay is 18-year-old Omar Khadr. Documents filed in a Canadian court this week included two psychiatric assessments that concluded the teenager has a serious mental disorder and is at a high risk for suicide.

Khadr is the second youngest son of Ahmed Said Khadr, who was considered before his death in 2003 to be Canada's highest-ranking Al Qaeda financier with close ties to Osama bin Laden.

Omar Khadr was 15 when he was shot three times and captured at a suspected Al Qaeda compound in Afghanistan in July 2002, following a gun battle with U.S. troops.

In February, his U.S. lawyer told reporters the teenager had been used as a human mop to clean urine on the floor and had been beaten, threatened with rape and tied up for hours in painful positions at Guantanamo Bay.

that would explain the low affect described in my earlier post...

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More on the dismissal of charges against Khadr

we need to keep reminding ourselves that these people are human beings like us, with faces, feelings, and mothers who love them...



This is a photo of Omar Khadr,
taken before he was imprisoned,
handed out by his mother Maha
Khadr following a news conference
in Toronto on Feb. 9, 2005.
(AP Photo)

i posted on this as it was breaking, before i got my hands on the story of the reasons behind the dismissal...
The chief of military defense attorneys at Guantanamo Bay, Marine Col. Dwight Sullivan, said the ruling in the case of Canadian detainee Omar Khadr could spell the end of the war-crimes trial system set up last year by Congress and President Bush after the Supreme Court threw out the previous system. The ruling immediately raised questions about whether the U.S. will have to further revise procedures for prosecuting prisoners, leading to major delays.

[...]

The judge, Army Col. Peter Brownback, said he had no choice but to throw the Khadr case out because he had been classified as an "enemy combatant" by a military panel years earlier — and not as an "alien unlawful enemy combatant."

this is a tragedy of epic proportions... he spends five friggin' years in guantánamo, he's exposed to whatever horrors that place can dish out, his development is arrested, and he's probably suffering from serious emotional and mental distress... just read this and tell me if the lack of emotional affect strikes you as that of an emotionally healthy young man...
Khadr — who according to his former military attorney, Marine Lt. Col. Colby Vokey has the emotional age of a 16-year-old after five years imprisonment — seemed oblivious to the ruling. Khadr calmly watched the judge throw out the case — looking not at Brownback but at a computer screen at the defense table that showed a live TV broadcast of the proceedings. Khadr could see himself on the screen.

how very sad and how similar to jose padilla... what in god's name happens to them there...?
affect
n. (ăf'ĕkt')

1. Feeling or emotion, especially as manifested by facial expression or body language: “The soldiers seen on television had been carefully chosen for blandness of affect” (Norman Mailer).

and, after all THAT, they're gonna KEEP HIM THERE...!
But Omar Khadr, who was 15 when he was captured after a deadly firefight in Afghanistan and who is now 20, will remain at the remote U.S. military base along with some 380 other men suspected of links to al-Qaida and the Taliban.

this is totally and completely outrageous...

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Stick a kid in Gitmo at 15, hold him without trial for 5 years, and then dismiss the charges?

this makes me violently ill... grief...? anger...? how does somebody respond to something like this...?
A military judge has dismissed charges against Canadian detainee Omar Khadr, saying the matter is outside the jurisdiction of the military tribunal system.

Khadr, a Canadian who was 15 when he was captured in Afghanistan, and a Yemeni accused of chauffeuring Osama bin Laden had faced terrorism charges Monday under a reconfigured military tribunal system that critics say remains unconstitutional.

as of this posting, no reason for the dismissal of charges was given...

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Tuesday, May 29, 2007

Why the Iraq debate is a sham

the bush administration has no desire to stamp out terrorism... conflict, violence, terrorism, war and death have all been very, very good assets in support of the two items that have topped the administration's agenda since day one - power and money... the longer the u.s. remains in iraq (which could safely be said was the plan from the beginning), the more desperate the insurgency will become, the more people will join up to be trained and to fight, and the more those now experienced trainees will be exported to stir up trouble elsewhere... the longer the u.s. remains in iraq, the more permanent the permanent bases and the more entrenched the u.s. embassy complex and its extended tentacles will become... the longer the u.s. remains in iraq, the more money will continue flow to bush's corporate cronies and the military industrial complex...

all that's happening now is posturing and gaming, making it look like there's some sort of debate, when, in fact, there isn't... and it's working wonderfully well... polls are taken, opinions voiced, blogs and op-eds written, legislation crafted, votes counted, vetos cast, candidates positions staked out, accusations hurled, loyalties pledged, and huge amounts of media time devoted to what is basically an empty exercise... but, what's important is that we're made to FEEL as though we have a voice, that congress can fill its role as a separate but equal branch of government, that we as citizens can actually override the power and money interests who are the people that are really calling the shots...

so, while we're distracted and barking at the moon (which comes to full this week, btw), the relentless march to the one-party, authoritarian state continues unabated, gonzales remains in charge of politicizing the justice department, executive orders are issued authorizing the president to take control of all three branches of government in an emergency, signing statements are written, "enhanced interrogation" techniques are practiced, recess appointments are made, habeas remains among the missing, military tribunals are conducted, draconian legislation like the intellectual property protection act of 2007 is proposed that calls for making the download and use of pirated software a crime punishable by life imprisonment, and the constitution is repeatedly gutted...

could we be in any deeper shit...? i think not...

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Friday, April 27, 2007

Further detainee rights abridgement - a world-class disgrace

shame, shame, shame on us... we have the unmitigated gall to preach democracy, freedom, and the rule of law to every other country in the world, and look what we do...
The US Supreme Court has refused to block government moves that would result in severely limiting contacts between Guantanamo war-on-terror detainees and their lawyers, a judicial source said Friday.

The court rejected a request submitted Wednesday by detainee lawyers to keep alive habeas corpus petitions by detainees to protect their legal rights, including access to their lawyers.

In effect the ruling could lead to the cancellation of arrangements established over the past few years that allowed lawyers to meet with detainees and retain sensitive records from Guantanamo over their cases.

Based on government recommendations indicated by one case last year, that could result in restricting detainees access to only one lawyer, and allowing the lawyer only three visits with the client, regardless of the duration of the client's detention.

as i posted on wednesday...
“These rules,” [Jonathan Hafetz of the Brennan Center for Justice at New York University] said, “are an effort to restore Guantánamo to its prior status as a legal black hole.”

where does it stop...? never mind, i don't want to know...

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Wednesday, April 25, 2007

An effort to restore Guantánamo to its prior status as a legal black hole

our government at work, doggedly pursuing a strategy to remove the most fundamental principles upon which the republic was founded...

from the nyt via raw story...

The dispute is the latest and perhaps the most significant clash over the role of lawyers for the detainees. "There is no right on the part of counsel to access to detained aliens on a secure military base in a foreign country," the Justice Department filing argued.

Under the proposal, filed this month in the United States Court of Appeals for the District of Columbia Circuit, the government would limit lawyers to three visits with an existing client at Guantánamo; there is now no limit. It would permit only a single visit with a detainee to have him authorize a lawyer to handle his case. And it would permit a team of intelligence officers and military lawyers not involved in a detainee’s case to read mail sent to him by his lawyer.

The proposal would also reverse existing rules to permit government officials, on their own, to deny the lawyers access to secret evidence used by military panels to determine that their clients were enemy combatants.

[...]

Jonathan Hafetz of the Brennan Center for Justice at New York University, a lawyer who has helped to coordinate strategy for the detainees, said the government was trying to disrupt relationships between the lawyers and their clients and to stop the flow of public information about Guantánamo, which he described as a “legal black hole” before the courts permitted access for the lawyers in 2004.

“These rules,” Mr. Hafetz said, “are an effort to restore Guantánamo to its prior status as a legal black hole.”

gosh, was it only today that i posted on the article outlining the 10 steps for destroying a democracy and installing a fascist state...? my how time flies...

steps 2 and 10...

2. Create a gulag [Guantánamo, CIA black sites, military tribunals, Military Commissions Act, suspension of habeas]

10. Suspend the rule of law [John Warner Defense Authorization Act of 2007, violation of the Posse Comitatus Act, possibility of the declaration of federal martial law]

it's hard for me to comprehend that the department of justice is still, even after the attorney general being revealed as nothing more or less than a bush/cheney sock puppet, running totally out of control...

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10 Steps to shutting down a democracy

naomi wolf, writing in the guardian...
From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all

1. Invoke a terrifying internal and external enemy [islam, war on terror, al qaeda]

2. Create a gulag [Guantánamo, CIA black sites, military tribunals, Military Commissions Act, suspension of habeas]

3. Develop a thug caste [Blackwater, security contractors who are immune from prosecution in Iraq]

4. Set up an internal surveillance system [the Patriot Act, warrantless domestic wiretapping]

5. Harass citizens' groups [conduct surveillance on environmental, anti-war, animal rights, and other activist groups]

6. Engage in arbitrary detention and release ["no-fly" list, "terrorist watch" list]

7. Target key individuals [Sibel Edmonds, Richard Clarke, Joseph Wilson, Valerie Plame, Nancy Pelosi, Howard Dean]

8. Control the press [criminal complaint against Greg Palast, attacking al Jazeera, firing on unembedded reporters in Iraq, Fox News, O'Reilly, Limbaugh]

9. Dissent equals treason [accusations against Harry Reid, Nancy Pelosi, the New York Times, open-ended definition of "enemy combatant"]

10. Suspend the rule of law [John Warner Defense Authorization Act of 2007, violation of the Posse Comitatus Act, possibility of the declaration of federal martial law]

this is an extraordinary article which, unfortunately, comes to us from across the pond... it's the kind of in-depth journalism that we are so desperately lacking here in the united states...

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