This coming Monday, August 4th, at 3:00 pm ET/noon PT, our guest will be Vince Warren, Executive Director of the Center for Constitutional Rights and some folks from the ACLU -- all of whom have been working diligently over the last few years for civil liberties for American citizens and those we detain and to restore the rule of law.
So, mark your calendars -- it's going to be a great discussion.
Ben Wizner of the ACLU has been blogging from Gitmo this week, where he is working on the Hamdan case. Salon has an update from there as well, including this:
...Although Allred acknowledged in a ruling issued the day before trial that Hamdan was subjected to "various types of coercive treatment," he overruled the objection to the tapes, saying that the rules allow the admission of coerced testimony if it is deemed "reliable" and "the interests of justice." Those tapes, he concluded, served the interest of justice and were allowed in. Never mind the coercion.
Defenders of the military commission process will point to other statements that Allred has excluded from trial, because they were coerced, to argue that the process is fair. But with some evidence admitted that was clearly obtained through coercion, those claims ring hollow.
Although the videos were entered into the record, aired in court, and viewed by those in the gallery, the Department of Defense will not release them to the general public. According to one Pentagon source, the DoD is withholding them out of an "abundance of caution." Perhaps the DoD fears that the American public will know a coercive interrogation when it sees one?
The WaPo has more. And, according to McClatchy, the defense rested today in the Hamdan trial, with testimony on paper coming from Khalid Sheik Mohammed:
''He was not a soldier, he was a driver,'' Mohammed said in an English translation of his written testimony.
"He was not fit to plan or execute. But he is fit to change trucks' tires, change oil filters, wash and clean cars and fasten cargo in pickup trucks.''
Odd, and it underscores the unusual nature of these proceedings from the outset. Definitely something we can talk about on Monday with our guests.
Marty Lederman of Balkinization and Gabor Rona of Human Rights First tackle indefinite detention and the Al-Marri case. Great reads.
Meanwhile, is it any wonder that allies such as Britain and Canada are now questioning US representations on any number of intel issues, given that allegations of yet another series of US lies to Britain have surfaced? This time, it looks like Gen. Hayden of the CIA on the "not so honest" hook, but this isn't the first time something like this has surfaced. Spencer has much more.
Jack Balkin has some analysis on the recent RAND report on militarism versus rule of law in the age of terror -- and concludes:
The irony is that the Bush Administration has devoted itself to eliminating the threat of terrorism using as much military force as it can muster, by refusing to characterize the problem as one of law enforcement, and by perpetuating and even increasing the American military presence in the Middle East. If the RAND report is to be believed, the Bush Administration has systematically chosen the worst policies in the last seven years.
Funny how that "might does not equal right" concept keeps coming back to haunt us.
(YouTube -- Part I of the Democracy Now! interview with Philippe Sands. Part II is here. Interview transcript here, with a later interview transcript here.)
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Jus Cogens!
Howdy tw3k! What’s shaking?
I agree with what Balkin writes in that quote. But Bush wasn’t interested in catching the terrorist, he was/is interested in controlling the Middle East and its oil. Law enforcement doesn’t take territory for you but the military does.
Hi Christy! How’s the family doing these days, staying healthy?
Heya — we are doing well. The in-laws are now both out of the hospital and both in medical rehab and, hopefully, headed home sooner rather than later. We’re taking it a day at a time, but things look good at the moment. Much, much better than they did a couple of months ago…
The truth will out sooner or later…great post Christy!
Hi CHS! Not much, sick of the presidential race already :/
I am looking forward to your First Monday series this month! Thanks again for all your careful consideration of these matters.
Great post! I appreciate the link fest too.
There is so much going on today! Really, this whole week — have been trying to get to a lot of this and there just aren’t enough hours in the day…
I’m currently reading Jane Mayer’s book. Even though a lot of it is a synthesis of much of her prior reporting, her sourcing in it is amazing and the details are chilling about how far down the road to paranoia Cheney dragged the rest of the US government without much if any checks and balances for an awfully long time.
We’re going to be living with the results of this and the ripples of bad policy choices for generations. And rectifying this mess? It is not going to be easy. Mayer’s book is utterly devastating, even for a cynic like myself who already knew a lot of what she’s talking about in it. And I keep going back in my mind to so much of the testimony we heard early on in the Libby trial about the intel briefings he got and all the info dump they were trying to get in about how Libby was such the important fella…and how Mayer points out this was one of their ways of manufacturing a constant state of “hair on fire” for everyone in government to keep up the executive power grab changes Cheney wanted.
It’s like Shock Doctrine write large on national security policy — except instead of monetary gain, it’s power.
I can only assume that Mike Mukasey is popping the antacids after this week. He has got to be wondering about the quality of the legal beagles that work for him and tried to defend the Bush absolute imunity claim. And now Marcy is slicing and dicing the Cheney firewall. Hire more Regent Law School scholars!
Completely OT, but this is an important case. Not only is it really important to keep colloidal silver out of the control of the FDA, but Ben Taylor seems to be outplaying the FDA/TexState lawyers..:)
(NaturalNews) ‘For the past five years, the Utopia Silver Supplement Company has been waging a battle for health freedom against the giants of the State of Texas and the FDA — one which may have major implications for all of us regarding the freedom of access to natural health supplements.’
http://www.naturalnews.com/023719.html
The terror trials are equivalent to Stalin’s show trials. The American public, however, will not see it that way. The American public is perfectly happy to accept the government listening to their telephone conversations and having their email read. After all, it’s in the name of security for the Fatherland, or the Homeland.
Lemme see if I have this straight:
Hamdan was subject to “various types of coercive treatment” but some of his coerced statements were deemed “reliable.”
And thus an FBI interrogator testified that in 2002 Hamdan spoke of bin Laden’s satisfaction with the 9/11 attacks.
http://www.washingtonpost.com/.....02430.html
And yet, the FBI has never charged bin Laden with the 9/11 attacks.
http://www.fbi.gov/wanted/topt...../laden.htm
In fact, according to this report, the FBI denies there is any “hard evidence” connecting bin Laden to the 9/11 attacks.
http://www.teamliberty.net/id267.html
So if the FBI doesn’t regard Hamdan’s statements under coercion as “hard evidence,” why are his statements regarded as reliable?
And why are we fighting a war in Afghanistan to go after a guy we have no hard evidence against?
Sure is! Really great timing for the Firest Monday series to coincide with the Hamdan deliberations.
Anyone hear anything on the status the vote on Rove? Pelosi was talking about doing something as early as yesterday as I recall.
Just finished the book..made me sick. The Clusterfuckers jumped into the illegal zone just because they knew they could get away with it- but then got trapped in the quicksand of covering up what they had done..
Makes ya wanna puke—Addington should be doing life right now.
Yeah, I made the mistake last night of reading in bed. Not exactly the stuff of which good dreams are made, is it?
PRH has youtube up: PHR Calls for Investigations of CIA “Black” Site on British Soil
Good Morning Christy and Firedogs,
Christy - relieved for you and the positive developments at home
have been avoiding the Gitmo coverage magically hoping to avoid monstrous and traitorous sh*t like this
a dark day for all of us
not holding my breath on that one.
Nancy has been doing the rounds on the teevee touting her book. She has been embarrassingly incoherent. I wonder if she’s not quite with it these days.
Christy, I’m going back to finish reading what promises to be a very interesting post, but before I do, and before you guys get the opportunity to get way out ahead of me so far I can’t even catch up to ask my question, I’d like to ask if there is any possibility of inviting Sabin Willett to join us for your First Monday series. Just to remind everyone who he is, he is a partner at Bingham McCutchen, which represents nine prisoners still held at Guantanamo Bay. Here is a link to his most recent article that I could find in the Boston Globe: http://www.boston.com/bostongl.....e_process/
After www type in boston dot com forward slash bostonglobe forward slash editorial_opinion forward slash oped forward slash articles forward slash 3008 forward slash 06 forward slash 23 forward slash doing_battle_with_due_process/
Sorry, I still don’t seem to be able to find out how to post a link to an article outside of FDL, but I’m hoping you can cut and paste into your browser. P.S. Sabin seems also to have posted at Huffpo, so it would be great to get him here, I think.
It must be particularly painful for someone with your background….Has there ever been a more cynical approach to the use of the law? Asserting stuff that they KNOW is bullshit and then using the bare assertion of legality to justify criminal actions….at a minimum the whole legal team should be disbarred if not locked away for life.
and why oh why did they bother with clowns Goodling and Sampson when there were perfectly competent jurists like Allred available ?!?!?
I can’t help but to think that this evidence of torture will be used by the International Community in War Crimes trials against the United States.
We’re still working out details on who will be able to make it, since a lot of the folks are doing prep work for clients for upcoming legal proceedings and/or in the middle of Hamdan representation, among a lot of other work. Will let folks know as soon as I firm up names on who will be here, but we may not know for certain until the day of the chat, depending on what gets scheduled for when. But Vince Warren will definitely be here — that one I’ve nailed down. *g*
I cannot begin to tell you how angry the book is making me — and that’s with already knowing a lot of this before I read it from Jane and other reportage and from hints during Libby trial testimony and reading through all the legal documents that have been released thus far on reasoning. It’s still utterly infuriating, because so much of it is antithetical to who we ought to be at our core here in the US. And yet…
Because they were willing to give the Bush Administration exactly what they wanted and needed for CYA, regardless of how the analysis was flawed in terms of real legal work. A real lawyer would have refused to paper over the problems. This wasn’t a corporate opinion to minimize liability for the client in a title opinion or something else to shield future action under color of law where you are, in effect, arguing only one side of the matter as in a client brief for litigation purposes or something — this was a series of binding opinions from the OLC that ought to have analyzed the whole of the law but, instead, provided minimization of whole chunks of legal precedent in order to hand Dick Cheney what he wanted.
It’s the same thing we saw from Doug Feith’s intel chop shop at DOD and from CIA analysts Cheney and Addington and Libby met with over and over again pressuring them to conform their analysis to the pre-fab conclusions. These people wanted to govern by fiat — and they made the evidence fit what they needed to convince the country it was in our best interests. Or they hid whatever information that made that less tenable whenever possible.
The result? We’re living it…lock, stock, and failure. For generations to come.
The President who was a celebrity …
http://www.youtube.com/watch?v=ogTas21jZ6M
Good afternoon, Christy.
A hard-hitting post!
Phillipe Sands utterly demolished the ‘few bad apples’ thesis, which was NEVER credible, as well as the ‘bottom up’ assertion.
And ‘torture’, as cbolt has suggested, might perhaps better, for the purposes of obtaining justice, be termed ‘cruel and inhuman’ treatment, as there is, clearly, ample evidence that such a threshold has been reached and crossed …
You are correct, Christy, generations will be afflicted by what has been promulgatedover the past almost-eight years, in the name of the American people, and far more so if no accountability is insisted upon ‘now’.
thank ((you)) for your thoughtful reply.
Allred’s defenders would attempt to dismiss me as absolutist but really, what is the difference btw him and these idjits ?!?! IANAL but I know his employing “interest of justice” is so beyond the pale
many of us have used Paths of Glory when discussing Bush/Cheney Pentagon Planners - but Allred and his ilk are a much more deserving analogy. unbelievable what they are betraying
The Bushies played everyone for fools- and everyone lived up to expectations. There were a few cases of heroism and near heroism from people who ended up leaving…
Apparently Ted Olson took off disgusted- (or because of a distate for hard time).
Senators Leahy, Feinstein, Cardin, Kennedy, Whitehouse, Feingold and Schumer give Mukasey some homework:
Letter to Mukasey
John McCain has a big ego. And if there’s one thing John McCain prizes it’s the high regard many prestige Washington reporters hold him in. Or did. People like Joe Klein, who now says he was wrong to think McCain was an ”honorable man.” Now he has a new post about McCain with the word ”scum” in the title. Klein’s out in the lead on this. But he’s not the only one-time McCain fan thinking the same thing. And you’re already starting to see some editorials in regional dailies calling him sleazy and a liar. So given McCain’s temper, when can we get some questions posed to him about that?
–Josh Marshall
Laugh for the day.
Sounds like goin after an axe murderer with a pea shooter.
I linked up a piece yesterday from one of the reporters trailing along with the “Straight Talk Express” about how on both the bus and the plane these days, the press are being kept as far away from McCain as possible by staffers. To the point of paranoia over a tiny sliver of peekaboo space in one of the curtains on the plane at one point.
Was in one of my posts yesterday — will try and find the link for comments here…it was really bizarre. Seems that the sprinkles are tasting a little off these days now that a few of the reporters have found their cojones on occasion…
Joe and I are going Birkenstock shopping this afternoon. :D
The mental midgets in charge of our government seem to have operated entirely on the principles that:
- our military power is unlimited except for our willingness to use it
- our allies will always follow our lead, because we’re the leader and we’re the “good guys,” no matter how much we lie to them and do heinous things
Bleah, I can’t even go on with the list. Honestly, I think they started with “principles” like those, based on years of pseudo-academic “research” produced in right-wing “think-tanks” where no one would question your ludicrous reasoning as long as you came to the pre-approved conclusions, and the progressed to doing whatever the hell looked like it would keep all the balls in the air until after the next election.
Here’s one link to what I was reading yesterday, although I don’t think I linked this up from Jossip, but it links the Vanity Fair piece I did hit…
Was looking for my Birkenstocks just the other day.
Obviously they wanted stooges that would do whatever in order to completely politicize the DOJ, but if they got caught, would be able to believably say, “Well, I think I crossed the line, but I didn’t mean to.”
The pity of the whole thing is that our Dems are complicit because they are accepting no penalties as okay since “they didn’t mean to,” or because “the laws that were broken were only civil laws,” (again, whatever that means!) Then to add insult to injury, I don’t hear any great roar coming from the Dems while the administration designates more and more power to the DOJ thru the AG being the one to determine who gets wiretapped, etc., etc., etc.
Wow, first Joe Klein, then Andrea Mitchell gets one right for a change! What’s this world coming to? I think either McShame’s staff has seen the symptoms of Alzheimers that I have been seeing or they are afraid he will reveal himself as nothing more than a grumpy old man of the same sort as the movie “Grumpy Old Men.” Or both!
Christy,
Thanks for your passion on this, which I share! May this passion motivate us to work effectively to restore the system that we knew, and that seemed to triumph during Watergate– although, as we now know, that victory was incomplete. Please keep up the good work! I appreciate your leadership.
Bob in HI