Category Archives: torture

Rectal Rehydration, Death by Hypothermia and “Enhanced Interrogation” of the Illegally Detained: Agency Gone Rogue or Approved by the Administration?

Did the White House approve the conduct set forth in the CIA Torture Report? Or did the CIA engage in that conduct without the approval of any political branch of government?

The question is not merely academic.

If the CIA’s conduct was not approved by elected officials who answer to the voters, then to whom does the CIA answer? If the CIA’s conduct was approved, then the voters need to know by whom so they can cast future votes with full understanding of what is at stake.

By now we have had time to digest the disturbing details in all their infamy: the rectal “feedings,” the ice baths and sleep deprivation; the death of Gul Rahman; the forced placement of body weight on broken limbs; sensory deprivation so intense it lead to self-mutilation and hallucinations; and, the mistaken identifications, false accusations and simple negligence that lead to the illegal detention of 26 human beings and “enhanced interrogation” of our own intelligence sources.

Rather I should say all of us have heard those details now except for Dick Cheney. Or at least he had not heard of them last week, when he sat down with Fox New’s Bret Baier.

As scathingly detailed by Conor Friedersdorf of The Atlantic, Dick Cheney is trying to have his torture cake and eat it too. When Baier asked whether it was true that “President Bush was not fully briefed on the program and deliberately kept in the dark by the CIA,” Cheney was unequivocal in his response:

The notion that … somehow the agency was operating on a rogue basis and that we weren’t being told or that the President wasn’t being told is just a flat out lie.

Later in the interview, Cheney reiterated that:

The men and women of the CIA did exactly what we wanted to have them do in terms of taking on this program.

All right then. The CIA was doing exactly what Bush and Cheney wanted when its operatives injected pureed food into the anuses of detainees. The CIA was doing exactly what Bush and Cheney wanted when its operatives left a man half-naked man chained to the floor in a frigid cell.

Only Cheney is either a coward or he does not actually know what he is talking about, because later in the interview he retreats to what appears to be an inconsistent position. As noted by Friedersdorf:

… Baier notes a particularly depraved tactic. “At one point, this report describes interrogators pureeing food of one detainee and then serving it in his anus,” he says, “something the agency called ‘rectal rehydration.’ I mean, is that torture?” (More to the point, did Bush and Cheney know about that? Is it “exactly” what they asked the CIA to do?)

“I don’t know anything about that specific instance,” Cheney said. “I can’t speak to that. … “

Cheney cannot have it both ways. If he wants to be the face of the defense for the enhanced interrogation program, he should own it. If he is not willing to own it, in all its gory particulars, then he cannot really present a meaningful defense. Either the administration approved the conduct described in the report—or the CIA acted without the approval or knowledge of the political branches tasked with overseeing that agency on the people’s behalf. That the CIA was trying to prevent future attacks is not related in any logical way to which of those things is true.

Cheney’s tactic throughout the interview is to avoid being pressed on this issue by: 1) extolling the praises of the CIA for doing exactly as Cheney and Bush wanted ; 2) denying knowledge of any of the troubling accusations contained in the torture report; and, 3) then getting emotional and bringing up 9/11.

Consider the following examples.

Baier asks Cheney whether Bush was comfortable with leaving a man chained to the ceiling in a diaper to urinate and defecate on himself. Cheney responds:

I have no idea. I never heard of any such thing.

If Cheney does not know the details, why is he giving interviews? Why should anyone take his word about any of it? That is the topic at hand, sir!

Baier raises the issue of Gul Rahman, who died of hypothermia shackled naked from the waist down to a freezing cement floor in a frigid cell:

Three thousand Americans died on 9/11 because of what these guys did. And I have no sympathy for them.

There is a missing link in the logic here. Even if we assume there are people so bad that we can sleep with unfettered consciences while our CIA tortures them to death, what is the evidence Gul Rahman was one of them?

Rahman was not captured on a battlefield, like enemy combatants of yore. To the contrary, Associated Press reporting states that:

Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He was staying with Baheer, an old friend, when U.S. agents and Pakistani security forces stormed the house and took both men, two guards and a cook into custody.

In fact, in addition to this Gul Rahman, who died in CIA custody, the CIA apparently kept a different Gul Rahman in isolation for a month because its operatives were confused about which Gul Rahman was the target (page 133/499 of the Committee report).

At least 26 people were found to have been improperly detained. Two of our own intelligence sources were subjected to enhanced interrogation. Tortured detainees gave information that falsely implicated others. One man provided false intelligence under torture that was used in Colin Powell’s address to the UN in advance of the Iraq War.

Dick Cheney is not troubled by these details.

On Meet the Press this past Sunday, he gave yet another interview, in which he disavows any problems with the detention of innocent people. He also disavows any qualms over the death of Gul Rahman, despite appearing to agree that the wrong Gul Rahman ended up frozen to death:

CHUCK TODD:

Let me ask you, what do you say to Gul Rahman, what do you say to Sulaiman Abdula, what do you say to Khalid al-Masri? All three of these folks were detained, they had these interrogation techniques used on them. They eventually were found to be innocent. They were released, no apologies, nothing. What do we owe them?

DICK CHENEY: Well—

CHUCK TODD: I mean, let me go to Gul Rahman. He was chained to the wall of his cell, doused with water, froze to death in C.I.A. custody. And it turned out it was a case of mistaken identity.

DICK CHENEY: —Right. But the problem I had is with the folks that we did release that end up back on the battlefield. …

CHUCK TODD: 25% of the detainees though, 25% turned out to be innocent. They were released.

DICK CHENEY: Where are you going to draw the line, Chuck? How are—

CHUCK TODD: Well, I’m asking you.

DICK CHENEY: —you going to know?

(OVERTALK)

CHUCK TODD: Is that too high? You’re okay with that margin for error?

DICK CHENEY: I have no problem as long as we achieve our objective. And our objective is to get the guys who did 9/11 and it is to avoid another attack against the United States.

But Cheney did not offer any evidence that “enhanced interrogation” prevented other attacks. He cited without elaboration to the “West Coast” “Second Wave” plot. But that claim was debunked in the CIA Torture Report based on information provided to the Committee by the CIA itself. If the Torture Report is wrong or incomplete on this issue, Cheney needed to tell us why.

Baier challenged him by repeating a claim made on the floor of the U.S. Senate by Mark Udall that the classified Panetta Review found no “direct linkage” between enhanced interrogation techniques and thwarting any attacks. As chronicled by Friedersdorf:

Here is Cheney’s actual retort:

“Well, I don’t know where he was on 9/11, but he wasn’t in the bunker.”

That is a non-answer.

A U.S. Senator who has seen the documents said on the floor of the U.S. Senate that Leon Panetta found no direct link between enhanced interrogation and thwarted attacks—and Dick Cheney’s response is, “Well he wasn’t in the bunker with us?”

The American people deserve more.

Their defenders deserve more.

What is lost in Cheney’s chest pounding is a meaningful reflection on why, beyond principles, civilized nations disavow torture. It is done for the same practical reasons that, for thousands of years, enemies have agreed to return bodies, to ensure last rites, to grant quick deaths or to refrain from persecuting surviving family members.

Because they want to make sure their own people get the same consideration.

What have we done for so little gain?

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

The Senate Torture Report Will Change Nothing

I realize this is from Abu Ghraib, but at this point, does it matter?

I realize this is from Abu Ghraib, but at this point, does it matter?

The recently released report on CIA-authorized torture of detainees and prisoners includes everything we’ve known about our tortu– *ahem*, enhanced interrogation techniques of people at places like Guantanamo Bay, and then some. Featuring gruesome descriptions of waterboarding, beatings and “rectal feeding” – I didn’t know you could feed someone through their asshole1 – I’m not sure if the most shocking thing is the descriptino of what happened, or the fact that the reports we got – 600 out of 6,000 pages, and heavily redacted – is just the tip of the iceberg. Simply put, between this and the ongoing protests over the deaths of Michael Brown and Eric Garner, it’s not a good month so far for the government at virtually any level.

One would expect, after hearing “we’re not torturing people”, then seeing a report blatantly state that we’re definitely torturing people, that this would spur Congress to action, and if they wanted to drag their asses, the American people would spur them on, right?

If only it was that easy. Nothing will happen as a result of this. In fact, I wouldn’t be surprised, as I write this on Tuesday night, if this was completely out of the news by the time the weekend comes. There are numerous reasons why I believe this disgusting report will ultimately blow over.

The release of this report wasn’t about policy. It was payback. – While Senator Dianne Feinstein (D-CA) was in front of cameras, accusing the CIA of lying to the President, the Senate, and just about everyone else it came across, all I could do was remember back to March, when she was going after the CIA for improperly accessing Senate computers as the Senate Intelligence Committee was preparing its report of detention and interrogation policies. The release of this report – the last chance to do so, by the SIC’s outgoing chairperson before Republicans take over the Senate – is a giant “fuck you” to John Brennan and the rest of the CIA. It’s a political receipt. At no point did transparency for the sake of improving our standing in the world and with our country’s citizens come into play, no matter how it’s spun.

Also, for all of Feinstein’s grandstanding, it should be noted that she’s probably the National Security Agency’s biggest cheerleader, and is perfectly fine with government agencies spying on ordinary Americans.

No one wants to set the precedent of trying major political figures – President Obama – who campaigned on transparency, fixing clandestine government actions, and ending wars – backed off of going hard after Bush Administration officials who started most of our torture programs after 9/11. He kept that limp-wristed, wishy-washy tack yesterday, praising the “patriots” who protected America after the attacks. Of course Obama doesn’t want to look back; if we decide to look back at his own Presidency in eight years, chances are very good that his two wars in Iraq and Syria, as well as his actions in Libya, would not survive scrutiny. In fact, if one looks back, the only President I can find who wasn’t guilty of either a war crime or a domestic action that could bring a death sentence is Carter. If we were to start trying major political figures, especially with a partisan bent, at what point do we cross the line from righteousness to Nixonian? No matter how much we want blood – a sardonic statement, given the circumstances – the political cost is too great.

It’s this reality that the ACLU’s Anthony Romero concedes to in his NYT Op-Ed stating that we should pardon Bush, Cheney, Rumsfeld and others guilty of torturing or overseeing said torture. Romero’s intentions are noble – partly to shame Obama, partly to allow some the authority to talk without fear of retribution, and partly to further stain the names of Cheney and others – if not satisfying. We’re still prosecuting low-level Nazis 70 years after World War II, and we’re expected to pardon people who tortured people within the past ten years?

We’ve done this for years – Here is a brief summary of what our government is capable of: Operation Condor, Japanese-American Internment, Project ARTICHOKE, MKUltra, COINTELPRO, the Tuskegee syphilis experiment, the My Lai massacre, Iran-Contra, and more political overthrows than I can count… and that’s just since World War II. Shoving hummus up someone’s ass doesn’t even make the top five of that list, and that’s before I get to the Trail of Tears.

Most damningly…

Most Americans don’t give a shit – This is the most depressing part. I expect conservatives to beat the “kill the raghead!” drum, but it’s the liberals I’m most disappointed in. Outside of the Glenn Greenwald/Edward Snowden crowd2, there’s not much noise because everyone’s too busy with other issues. Today, it’s mostly the deaths of Garner, Brown, Tamir Rice and others that are starting to cause overreactions. Most liberals who are making noise about this are forgetting everything that’s happened since January 20th of 2009, preferring to put 100% of the blame on Bush and his people. In short, when it’s not a convenient partisan talking point, it’s a “they” problem, not a “we” problem, with “they” being those unfortunate enough to be threatened with their families being raped. Put simply, the only people that really care are the sadists, and those that cater to them. While it’s fun to watch Andrea Tantaros have a meltdown on national TV, it’s important to remember that her views are shared by almost half the country. And then we wonder why ISIL is beheading Americans.

I love America, but I’ve never been more ashamed of my country. It’s depressing to know that despite pretty clear indications of war crimes, no one will go to jail for it except those that reported it in the first place, no policy will change as a result of the torture report, and there’s a strong chance that by this time next week we’ll all be talking about the “War on Christmas” or some other made-up bullshit. We are too ill-informed, too shallow, and too lazy for any other result to come about from this.

2 – This is your friendly reminder that while the architects of torture since 9/11 still walk free, Edward Snowden is in Russia, John Kiriakou is in prison, Chelsea Manning is in prison, and Wikileaks’ Julian Assange is being held at the Ecuadorian Embassey in the United Kingdom on trumped up sexual assault charges

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Torture and Denial

torture

If the tiny percentage of the torture documents that were released yesterday should give us a clue about anything, it should be the degree to which the federal government officials and politicians lie to cover their own asses. Those of us who called for the documents to be released were admonished that in releasing them, U.S. troops and diplomats will be put in greater danger. Of course if these “enhanced interrogation” techniques aren’t really “torture,” then it seems to me that those who are fearful of the release should have nothing to worry about (one can’t have it both ways). Why not prove to the world that everything going on at Gitmo and the various black sites are on the up-and-up?

Of course then there’s the argument: “The Bush administration/CIA/Senate did not know nor approve some of these techniques…”

Ah, the good old “plausible deniability” excuse. The people in charge can’t be held responsible because some underlings decided to go all Jack Bauer on the detainees.

no evil

Of course then there is the ass-coverer-in-chief President Obama responding to the report:

Today’s report by the Senate Select Committee on Intelligence details one element of our nation’s response to 9/11—the CIA’s detention and interrogation program, which I formally ended on one of my first days in office. The report documents a troubling program involving enhanced interrogation techniques on terrorism suspects in secret facilities outside the United States, and it reinforces my long-held view that these harsh methods were not only inconsistent with our values as nation, they did not serve our broader counterterrorism efforts or our national security interests […] That is why I will continue to use my authority as President to make sure we never resort to those methods again.

President Obama is trying to convince the world that torture is a thing of the past which occurred when George W. Bush was president. Obama, we are to believe, ended torture on one of his first days in office. We are supposed to forget that he was also supposed to close Guantanamo Bay and that he has a secret kill list which sometimes includes American citizens (killing people without any sort of due process with a drone is morally superior to torture, you see).

Beyond this, President Obama is also misleading the world about no longer torturing detainees at the now infamous island prison which he promised to close. As The Intercept reports:

Abu Wa’el Dhiab, a 43-year old Syrian national, was among the six Guantanamo Bay prisoners freed last week and transferred to Uruguay after spending 13 years in U.S. detention. He had been cleared for release since 2009, yet the husband and father of three found himself imprisoned several years longer in circumstances characterized by indefinite detention, humiliation and inhumane treatment.

In response to what they saw as their increasingly desperate conditions, Dhiab and many other Guantanamo detainees repeatedly sought to employ the only means of resistance left available to them: refusing food. “We have given up the very things which are important: food and drink,” Dhiab stated last year, describing his motivations and those of his other hunger-striking prisoners. “And we have done so to get answers to our questions: What is our guilt and what is our crime?”

I suppose President Obama can use weasel words about not using torture to interrogate detainees but clearly torture is being used for other such things as force-feeding. Skipping ahead a little, the article continues:

While military officials may be able to casually characterize the force-feeding of such prisoners as some kind of innocuous guard-detainee interaction, they are correct that many others in the United States and around the world would likely not have the same reaction to such footage.

So far, the actual videos remain classified. At the end of The Intercept article a video was posted to show what is difficult to convey in words. The video (below) is a re-creation of what this force-feeding looks like.

Does this look like torture to you?

No?

Suppose it was American soldiers subjected to this treatment as well as what was detailed in the torture report? Would you still consider these techniques as “enhanced” but not torture? Suppose it was your own son?

Even if you think that it is permissible to treat actual terrorists this way, we should all agree that keeping individuals who haven’t been charged (again, this includes American citizens) or who have been cleared of any wrong doing should not be treated this way and should be returned to their homes.

We the people have the right to know what is being done in our name. The rest of the world needs to know that not all of us approve of what is being done in our name.

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Back in the 2010 mid-term election, Libertarian Party co-founder David Nolan ran as a Libertarian against Sen. John McCain for his seat in the U.S. Senate. Sadly, McCain easily won the election and Nolan died several weeks after the election and just two days before his 67th birthday.

During his debate with Sen. McCain, Nolan warned voters of what he called a “dangerous, evil, un-American” bill which McCain co-sponsored called S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” This bill would authorize indefinite detention of American citizens without trial. Nolan was so outraged by this bill he said that this was one reason he decided to run against Sen. McCain.

Sen. McCain brushed off Nolan’s comments saying that Nolan “may be a little bit biased.”

Fast forward just over a year later, Sen. McCain has sponsored another piece of legislation hidden in the National Defense Authorization Act for FY 2012 that is very similar. One of the more concerning aspects of the bill is Section 1031:

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) 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, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons’ for purposes of subsection (b)(2).

The next section, Section 1032 adds some confusing language as to whether American citizens can truly be held indefinitely:

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

Christopher Anders, senior legislative counsel of the ACLU points out that the language contained in Section 1032 only applies to Section 1032. To put it another way, according to Section 1031 U.S. citizens can be detained indefinitely and even sent to another country without the normal civil liberties protections guaranteed in the Fifth, Sixth, and possibly Eighth Amendments.

Sen. Mark Udall (D-CO) introduced Amendment No. 1107 to the bill that would have mitigated much of the civil liberties concerns found in 1031 but it was soundly defeated by a 61-37 vote. Only two Republicans, Mark Kirk of Illinois and Rand Paul of Kentucky voted in favor of the Udall amendment.

Now the vote for the National Defense Authorization Act for FY 2012 is set for today, December 1, 2011. There isn’t much time left to stop this horribly unconstitutional bill from being passed.

This being said, President Obama has threatened to veto the bill if these sections are still in place when it hits his desk. I’m not quite sure how the president can say on one hand he can send drones to kill American citizens while on the other say he opposes indefinite detention of American citizens but a veto would be the correct response regardless.

President Obama might well veto this bill but I have no confidence that any of the Republican challengers would veto similar legislation in the future save Gary Johnson (who is sadly very much a long shot at this point), Ron Paul, or perhaps Jon Huntsman.

We can now see that David Nolan’s concerns he expressed in the 2010 debate were well founded after all.

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along with challengers Rodney Glassman (D), Jerry Joslyn (G), and David Nolan (L). Believe it or not, all candidates were given equal time to debate the issues; something that is usually missing from the debates I’m accustomed to watching.

Despite the skills of those challenging Sen. McCain – particularly the two 3rd party candidates, the latest Real Clear Politics Average Poll shows McCain with a comfortable 17.4 point lead over his closest challenger, Rodney Glassman. Critics of 3rd parties look at poll results like this and wonder “what’s the point” of allowing 3rd party candidates to participate when their chances of winning are so miniscule.

IMHO, I believe that both Nolan and Joslyn did a fine job demonstrating why 3rd party candidates should be included by raising issues, proposing solutions, and exposing the shortcomings of the two party system and the candidates themselves to voters and concerned citizens.

In the 3rd part of this debate (below), Nolan brought up a McCain sponsored bill that is most likely not on the radar of very many people: S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

(Beginning at -6:14 in part 3 of the debate)

Nolan: “One of the reasons I got into this race is that right now, at this very moment Sen. McCain is a sponsor – I think the lead sponsor of Senate Bill 3081 […] a bill which would authorize the arrest and indefinite detention of American citizens without trial and without recourse. This is one of the most dangerous, evil, un-American bills that’s ever been proposed in congress and nobody who would sponsor such a bill should be sitting in a seat in the United States Senate.”

And what was Sen. McCain’s response to the charge by Nolan of sponsoring such a “dangerous, evil, un-American” bill?

McCain: “Well again, I hope that our viewers won’t judge me by the remarks just made [by Nolan], they may be a little bit biased.”

Nolan raised the issue again in his closing remarks. Sen. McCain did not respond.

Okay, fair enough. Perhaps Mr. Nolan is biased. He is trying to take his job after all. Fortunately for now at least, the average person with an internet connection can freely search and find the bill and learn of its contents. Let’s take a look and see how “biased” Mr. Nolan was and determine whether or not Arizona’s senior senator should be “judged” by the bill he is currently sponsoring.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.

(a) Military Custody Requirement- Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities- An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

“Suspected unprivileged enemy belligerent” ? No, that doesn’t sound Orwellian at all. Now let me highlight Sec. 3b3 and let you, the reader decide if any of this strikes you as “dangerous,” “evil,” or even “un-American.”

(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS- A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.

Talk about double speak! Such individuals are not “criminal suspects” who in our criminal justice system normally considers “innocent until proven guilty” who have Constitutionally protected rights but “suspected enemy belligerents” who are apparently assumed guilty until a high ranking official in the executive branch, or the president himself determines otherwise.

Sorry, I’m getting a little ahead of myself. I haven’t even got to the most disturbing part of the bill yet – Section 5:

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

So here we are in 2010, Sen. McCain et al advocating giving American citizens POW status under Article 5 of the Geneva Convention as they may be “enemy belligerents” in an ill-defined and open-ended “war on terror.” The provisions of the USA PATRIOT Act which were originally supposed to be temporary but now as a practical matter, a permanent fixture of federal law, apparently don’t go far enough to dismantle what is left of the Bill of Rights.

One thing I found interesting in this debate was not only Sen. McCain’s response (or lack thereof) but also the deafening silence of his Democrat challenger who could have easily picked this issue up and ran with it if he shares Nolan’s civil liberties concerns. Could it be that Mr. Glassman would also support this bill if he were elected to replace Sen. McCain? If so, I wouldn’t be at all surprised considering that President Obama who is a member of the same political party as Glassman actually believes he can assassinate Americans without due process of any kind. Both the Obama and Bush administrations have even gone as far to say that if or when the president makes a “state’s secrets” claim, no court can even consider the legality of such cases. There’s little doubt in my mind that President Obama would sign S. 3081 into law as this would only enhance his power.

Maybe for now on we should stop referring to the first ten amendments as “The Bill of Rights” and call them “The Bill of Privileges.” This would at least be honest because rights cannot be taken away and therefore can never be “inapplicable.”

Point: The ACLU Is A Friend of Liberty

It takes considerable skill to be able to write from both ends of a political issue, and I’m happy to say that that is the task I am going about with the ACLU. For my critique of the ACLU, click here.

The Left and Right political labels are pretty useless at a certain point, but for the sake of convenience, I’ll use the Left wing label in order to defend the ACLU.

The political Left has at its core both a democratic and an authoritarian side. George Orwell, Lionel Trilling and Christopher Hitchens are among some of the most prominent intellectuals to have split with the Left on occasion in order to speak out against tyranny. This dichotomy is one I like to call the “Napoleon-Snowball dichotomy,” after the characters from Orwell’s Animal Farm.

Napoleons don’t simply show up in third world countries like North Korea or Venezuela – they also have their place in the United States. Despite his coming to the mainstream fore speaking of the need to defend civil liberties, Barack Obama has accelerated the authority of the government to new heights. Obama has grabbed the authority to kill American citizens anywhere in the world. He has put closing Guantanamo on the back burner. Obama’s civil liberties problem was made clear as well by his firing of Shirley Sherrod on the grounds of a sloppy hit job by Andrew Breitbart. Any administration that would fire a public servant so quickly on such shaky grounds must have some sort of anxiety about its power.

For Obama’s Napoleonism, the ACLU has acted as a modern day Snowball, defending against the frightening precedent of a president being able to eliminate Americans by executive order.  In a suit filed against the government, the ACLU argued that the Obama administration had “asserted authority to use lethal force against US citizens located far from any battlefield without charge, trial, or judicial process of any kind.”

The ACLU is also victim to a lot of misinformation, including the urban legend that they had filed suit to have crosses removed from graveyards. In fact, in 1999, they did precisely the opposite:

WEST PALM BEACH, FL — In the first case to be filed under Florida’s new Religious Freedom Restoration Act, the American Civil Liberties Union of Florida goes to trial today on behalf of seven families seeking to prevent the removal and destruction of religious symbols placed at the gravesites of their loved ones.

At issue is the City of Boca Raton’s threat to remove various vertical memorials, including Christian crosses, Stars of David and other religious symbols, from cemetery plots at the Boca Raton Community Cemetery. The ACLU will argue that under the new law, passed in 1998, removal of religious items from grave sites would constitute a substantial burden on religion.

The brilliance of the American constitution is not anarcho-libertarianism – it’s a balance of power through checks and balances. The ACLU is a great bulwart against granted authority becoming too powerful.

Quote of the Day – Taken from “Government Brutality and Society’s Shadow”

This is an excerpt from a post from the blog Classical Liberal that was written in response to the post Doug wrote yesterday regarding the University of Maryland student police beating caught on tape.

As long as men and women in uniform (State-issued costumes) carry out these violent acts, we think it’s okay, because they’re “protecting us.” But the State gives a false sense of legitimacy to acts that if carried out under other circumstances, would be serial criminal activity.

The government doesn’t do this to us, however, because the truth of the matter, is that it’s merely a reflection of our collective shadow … when otherwise good men and women become agents of savage brutality … turning us all into sociopaths.

This is the price of identifying ourselves with the State.

Read the whole thing. It’s a sad commentary on just how far we as a people have allowed the state to carry out unjustified acts of violence in our name.

Rare Praise for Former President Bill Clinton

I’m not normally one to say nice things about former President Bill Clinton but I have to say kudos for his securing the release of the two American journalists turned political prisoners in N. Korea.

Reuters Reports:

SEOUL — North Korea said on Wednesday it had pardoned two jailed American journalists after former U.S. President Bill Clinton met the reclusive state’s leader Kim Jong-il, a move some analysts said could pave the way to direct nuclear disarmament talks.

Clinton’s spokesman said the former president had left Pyongyang with the two reporters and they were flying to Los Angeles.

“President Clinton has safely left North Korea with Laura Ling and Euna Lee. They are enroute to Los Angeles where Laura and Euna will be reunited with their families,” spokesman Matt McKenna said in a statement.”

While I think the notion that the release of these two reporters could lead to productive disarmament talks is a bit premature, I think we should be happy that these two young women are now safe and no longer the slaves of Kim Jong-il.

Though the release of the reporters is undoubtedly a joyous occasion for many freedom loving people, at least one person is not so happy. Former Ambassador John Bolton was quoted in Breitbart.com as saying “It [Clinton’s visit with Kim Jong-il] comes perilously close to negotiating with terrorists” and “I think this is a very bad signal because it does exactly what we always try and avoid doing with terrorists or with rogue states in general, and that’s encouraging their bad behavior.”

Wake up Ambassador, the U.S. government has “negotiated with terrorists” for many decades, even on your watch. Hell, sometimes the U.S. government props up these regimes while turning a blind eye to human rights abuses and national/global security threats when the regime in question helps support the goals of the U.S. government. How is Clinton’s visit to Pyongyang any worse?

A 12 year sentence in N. Korea’s work camps might as well be a death sentence; Clinton may well have saved their lives. We shouldn’t lose sight of that.

Comment of the Day: A Welcome Voice from Liberty Papers Past

Re: Mancow gets waterboarded

It’s always a treat to hear from Eric, the founder of The Liberty Papers. Its comments like this one which make me miss his “grumbles.” This comment was in response to a discussion sparked by Stephen Gordon’s post concerning waterboarding:

Interesting discussion. Chris has a very valid point about altering the meaning of the language. He also points out that waterboarding is a form of coercion and that coercion should not be used on prisoners. But, in the heated and traumatic rejection of his assertions about what torture is, the more important point he makes is lost.

The point is, coercive interrogation is wrong to do to someone who we hold prisoner. Chris said that loud and clear, but folks are so incensed that he might not agree that something is torture that they miss the fundamentally more important point. Another fundamentally important issue, if you believe in The Rule of Law, is that we don’t have clear laws on what to do with terrorist combatants and that poses a problem. One of the keys to solving the problems of piracy in the 17th and 18th centuries was to promulgate clear, consistent, logically and legally sound laws and regulations for dealing with pirates.

We don’t have that for terrorists today, and that’s a problem.

P.S. adding to the point about use of language. We used to know that torture meant causing permanent injury to someone. When we talked about the police giving someone the “third degree”, it meant physically injuring someone to coerce them to do something. The reason we said “third degree” is that there were three levels of Inquisition used during the Catholic Inquisition.

1st Degree – Discussing the crimes someone is accused of and informing them that stronger methods of inquisition can be used if they don’t cooperate

2nd Degree – Showing the accused person the methods that can be used, like racks, knives, flails and other implements of torture

3rd Degree – Actually using those implements on the accused person, i.e. the Third Degree of Inquisition.

So, the very tortured definitions of torture that folks are trying to come up are actually changing the meanings of the language in ways that support the individual’s position. This is something that Orwell argued strenuously against and that most “libertarians” argue against, as well. Except, it seems, when being for it supports their personal beliefs.

Causing PTSD does not automatically make something torture. PTSD can be caused by a car accident, by seeing your sibling die, by participating in violent combat and many other things. None of which are “torture”. I suggest that we should return to the traditional definition that doing things which would be considered “the third degree” is torture. Let’s use the language right. AND we can still agree that things which are not torture, but are inhumane or coercive, or both, are wrong for US interrogators to do to our prisoners.

Comment by Eric — June 5, 2009 @ 8:24 am

Presenting the Latest Nominees for the Ramos-Compean Medal of Valor

For going above and beyond the call of duty, I herby nominate these three members of L.A.’s finest to receive the Ramos-Compean Medal of Valor. As clearly shown in the footage below, the first officer bravely kicked the suspect in the head after he had surrendered. The second officer also deserves to be recognized for his efforts in protecting the community for punching the disoriented man as a precautionary measure. Last but not least, the third officer also deserves this distinguished honor for his dog handling skills to have the dog bite the suspect!

Clearly, these men are all heroes! While they may not quite live up to the high standard set by Ramos and Compean (not one member of the trio fired his weapon at the suspect after the surrender), we can be sure that the LAPD is quite proud that its reputation is still intact.

The Ramos-Compean Medal of Valor is an honor presented by The Badge Worshippers and Law Enforcement Bootlickers of America

Southern Baptists condemn torture, including waterboarding

In a move very surprising to this veteran of far too many southern talk radio programs where I was the one condemning torture to a hostile audience, the Southern Baptist Convention’s Ethics and Religious Liberty Commission has just condemned torture.

“I don’t agree with the belief that we should use any means necessary to extract information,” said SBC Ethics and Religious Liberty Commission president Richard Land. “I believe there are absolutes. There are things we must never do under any circumstances.”

Furthermore, they clearly indicated that waterboarding is indeed an act of torture:

“For me the ultimate test is: Could I, in good conscience, do whatever I am authorizing or condoning others to do? If not, then I must oppose the action. If I could not waterboard someone—and I couldn’t—then I must oppose its practice.”

Land said he considers waterboarding to be torture because the definition of torture includes the determination of whether a procedure causes permanent physical harm, noting he is unable to “separate physical from psychological harm” in this instance. The practice contravenes an individual’s personhood and their humanity, he said.

“It violates everything we believe in as a country,” Land said, reflecting on the words in the Declaration of Independence: that “all men are created equal” and that “they are endowed by their Creator with certain unalienable Rights.”

“There are some things you should never do to another human being, no matter how horrific the things they have done. If you do so, you demean yourself to their level,” he said.

“Civilized countries should err on the side of caution. It does cost us something to play by different rules than our enemies, but it would cost us far more if we played by their rules,” Land concluded.

To begin, I’d like to applaud the Southern Baptist Convention for taking this stand.  Based on my anecdotal observations, this won’t be popular with the let’s-waterboard-them-another-hundred-times crowd.  However, some of their members may now think through the issue or gain the courage to publicly oppose acts of torture.

While this condemnation is clearly many days late, it’s not a dollar short.  Perhaps it’s time to welcome the Southern Baptists into the fold of people who like to have rational and reasonable debate over issues of a political nature.  Or perhaps not.

John Yoo Continues to Defend Torture

Barack Obama may have once again banned torture as U.S. policy, but Bush torture apologist John Yoo is once again defending the egregious practice.  From the WSJ:

In issuing these executive orders, Mr. Obama is returning America to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001. He’s also drying up the most valuable sources of intelligence on al Qaeda, which, according to CIA Director Michael Hayden, has come largely out of the tough interrogation of high-level operatives during the early years of the war.

Yoo’s attempt at legitimizing this barbaric practice also challenges what is probably the most libertarian statement President Obama has made to date:

It is naïve to say, as Mr. Obama did in his inaugural speech, that we can “reject as false the choice between our safety and our ideals.”

While it’s obvious that Yoo is attempting to set up the framework for a legal defense for Bush administration interrogation policies, it’s also important to remember that Yoo also finds no reason for why we shouldn’t crush “the testicles of the person’s child” in order to extract information.

As late as a year ago, I would have never predicted there would be any serious legal action taken against senior Bush officials for acts of torture committed by Americans.  It’s now beginning to appear more and more likely that this will become a major legal issue in the not-to-distant future.