Building The Infrastructure For A Police State

The government has accumulated and is storing massive amounts of data on Americans but is keeping this information secure and promises not to use this to spy on individual Americans not connected to terrorism. What could possibly go wrong?

Yeah, obviously that is a sarcastic rhetorical question. One good answer to this question is found in an op-ed by Daniel Ellsberg, who knows a bit about whistle blowers:

Obviously, the United States is not now a police state. But given the extent of this invasion of people’s privacy, we do have the full electronic and legislative infrastructure of such a state. If, for instance, there was now a war that led to a large-scale anti-war movement – like the one we had against the war in Vietnam – or, more likely, if we suffered one more attack on the scale of 9/11, I fear for our democracy. These powers are extremely dangerous.

Unfortunately this is run under the title Edward Snowden: saving us from the United Stasi of America. Yet another example of hyperbole seen on this issue, like another example I gave here. Fortunately Ellsberg acknowledges that this is not a police state, and is warning about a potential threat as opposed to exaggerating about the current situation. I certainly don’t see any sign that anyone fears discussing this issue, as would be the case in a true police state. On the other hand, would anyone trust John McCain, who has never seen a war he didn’t like. to have this information about people who might protest whatever wars he got us into if elected? Would you trust Mitt Romney, who seems to be devoid of any principles? In a two party system, who knows what type of Republican might manage to win an election in the near future (and not all Democrats can be trusted either).

There are a number of answers I’m hearing which aren’t very good, ranging from paranoia to the opposite reaction of denying the problem. I have received an answer that “Bush did it.” Is George W. Bush the standard by what is right? Yes, as I pointed out last week, this is an ongoing problem, not a new issue, and not a question of whether you like Bush or Obama better. Look at the issue independent of political personalities. Besides, if you want to blame politicians, as Steve Benen pointed out you can also blame Congress:

With this in mind, Jonathan Bernstein asked a compelling question over the weekend and provided a persuasive answer: “If you don’t like the revelations this week about what the NSA has been up to regarding your phone and Internet data, whom should you blame?”

There is, to be sure, plenty of blame to go around. The NSA has pushed the limits; federal courts approved the surveillance programs; George W. Bush got this ball rolling; President Obama kept this ball rolling; and telecoms have clearly participated in the efforts.

“But save plenty of your blame — perhaps most of your blame — for Congress.

“Did you notice the word I used in each of the other cases? The key word: law. As far as we know, everything that happened here was fully within the law. So if something was allowed that shouldn’t have been allowed, the problem is, in the first place, the laws. And that means Congress.”

It’s worth pausing to note that there is some debate about the legality of the exposed surveillance programs. Based on what we know at this point, most of the legal analyses I’ve seen suggest the NSA’s actions were within the law, though we’re still dealing with an incomplete picture, and there are certainly some legal experts who question whether the NSA crossed legal lines…

In theory, Obama could have chosen a different path after taking office in 2009, but the historical pattern is clear: if Congress gives a war-time president vast powers related to national security, that president is going to use those powers. The wiser course of action would be the legislative branch acting to keep those powers in check — limiting how far a White House can go — but our contemporary Congress has chosen to do the opposite.

This is, by the way, a bipartisan phenomenon — lawmakers in both parties gave Bush expansive authority in this area, and lawmakers in both parties agreed to keep these powers in Obama’s hands. What’s more, they not only passed laws these measures into law, they chose not to do much in the way of oversight as the surveillance programs grew.

We cannot expect any president to voluntarily give up powers present upon taking office, but at least there have been favorable signs that Obama is starting to ask the right questions. Under normal circumstances we need Congress to do their job. Unfortunately many Democrats were afraid to do this under Bush, and the Republicans are preoccupied by matters which are more important to them, from restricting reproductive rights to voting to repeal Obamacare thirty-seven times.  We also need the courts to do more than rubber stamp requests. Even under the best of circumstances, we cannot count on government to reveal its sins. If not for whistle blowers, we would not know much of what we know about Viet Nam, mistreatment of prisoners at places such as Abu Ghraib, CIA rendition, and the use of drones.

I’m seeing far too many cases of liberals playing down this issue, seeing it as an attack on Obama, when most opposed these provisions of the Patriot Act under George Bush. I’m also seeing some making this about Glenn Greenwald (who says more revelations are coming). I agree that at times he has gone overboard in attacks on Obama, but this is about the facts he is reporting, not his personal views.  Meanwhile the right is divided between those want to attack Obama and big government, contradicting their previous support for big government under George Bush, and those who are such big proponents of an authoritarian surveillance state that they will even overlook the fact, just this one time, that Obama is involved.

Another poor response I’m seeing is a comparison to all the information we give up when we go shopping, or post on Facebook. There is absolutely no comparison to information which is given voluntarily and to a retail store as opposed to information being secretly obtained by a government. When Google was accused of possessing too much information they initiated action to notify users of the information they have and offer ways to opt out. This might not be completely satisfying, but it is far preferable to a government system where it is illegal to even discuss requests for information.

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Obama Calls For An End To A Perpetual War on Terror And For Respect For Civil Liberties

I only heard portions of Barack Obama’s speech while driving to and from lunch today but did like what I heard. It was clear that whether or not I wound up agreeing with everything, contrary to claims from portions of both the left and right, Barack Obama is no Richard Nixon or George Bush. For now I am relying on the prepared text, which lacks the portion where I hear Obama did an excellent job of responding to the criticism of a heckler. While we could question if some of this is being said later than desired, there was much in today’s speech which I did like, such as addressing this early in the speech: “I believe we compromised our basic values – by using torture to interrogate our enemies, and detaining individuals in a way that ran counter to the rule of law.”

Obama discussed our triumphs in fighting al Qaeda , and then its cost:

These questions matter to every American. For over the last decade, our nation has spent well over a trillion dollars on war, exploding our deficits and constraining our ability to nation build here at home. Our service-members and their families have sacrificed far more on our behalf. Nearly 7,000 Americans have made the ultimate sacrifice. Many more have left a part of themselves on the battlefield, or brought the shadows of battle back home. From our use of drones to the detention of terrorist suspects, the decisions we are making will define the type of nation – and world – that we leave to our children.

So America is at a crossroads. We must define the nature and scope of this struggle, or else it will define us, mindful of James Madison’s warning that “No nation could preserve its freedom in the midst of continual warfare.” Neither I, nor any President, can promise the total defeat of terror. We will never erase the evil that lies in the hearts of some human beings, nor stamp out every danger to our open society. What we can do – what we must do – is dismantle networks that pose a direct danger, and make it less likely for new groups to gain a foothold, all while maintaining the freedoms and ideals that we defend. To define that strategy, we must make decisions based not on fear, but hard-earned wisdom. And that begins with understanding the threat we face.

He recognized that victories over terrorist groups often come from targeted efforts and police actions as opposed to the Bush/Cheney concept of a global war on terror:

Beyond Afghanistan, we must define our effort not as a boundless ‘global war on terror’ – but rather as a series of persistent, targeted efforts to dismantle specific networks of violent extremists that threaten America. In many cases, this will involve partnerships with other countries. Thousands of Pakistani soldiers have lost their lives fighting extremists. In Yemen, we are supporting security forces that have reclaimed territory from AQAP. In Somalia, we helped a coalition of African nations push al Shabaab out of its strongholds. In Mali, we are providing military aid to a French-led intervention to push back al Qaeda in the Maghreb, and help the people of Mali reclaim their future.

Much of our best counter-terrorism cooperation results in the gathering and sharing of intelligence; the arrest and prosecution of terrorists. That’s how a Somali terrorist apprehended off the coast of Yemen is now in prison in New York. That’s how we worked with European allies to disrupt plots from Denmark to Germany to the United Kingdom. That’s how intelligence collected with Saudi Arabia helped us stop a cargo plane from being blown up over the Atlantic.

Obama called for greater oversight over the use of drones and targeted killing, and greater transparency:

This week, I authorized the declassification of this action, and the deaths of three other Americans in drone strikes, to facilitate transparency and debate on this issue, and to dismiss some of the more outlandish claims. For the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen – with a drone, or a shotgun – without due process. Nor should any President deploy armed drones over U.S. soil…

Going forward, I have asked my Administration to review proposals to extend oversight of lethal actions outside of warzones that go beyond our reporting to Congress. Each option has virtues in theory, but poses difficulties in practice. For example, the establishment of a special court to evaluate and authorize lethal action has the benefit of bringing a third branch of government into the process, but raises serious constitutional issues about presidential and judicial authority. Another idea that’s been suggested – the establishment of an independent oversight board in the executive branch – avoids those problems, but may introduce a layer of bureaucracy into national-security decision-making, without inspiring additional public confidence in the process. Despite these challenges, I look forward to actively engaging Congress to explore these – and other – options for increased oversight.

I believe, however, that the use of force must be seen as part of a larger discussion about a comprehensive counter-terrorism strategy. Because for all the focus on the use of force, force alone cannot make us safe. We cannot use force everywhere that a radical ideology takes root; and in the absence of a strategy that reduces the well-spring of extremism, a perpetual war – through drones or Special Forces or troop deployments – will prove self-defeating, and alter our country in troubling ways.

He called for a media shield to protect journalists:

Journalists should not be at legal risk for doing their jobs. Our focus must be on those who break the law. That is why I have called on Congress to pass a media shield law to guard against government over-reach. I have raised these issues with the Attorney General, who shares my concern. So he has agreed to review existing Department of Justice guidelines governing investigations that involve reporters, and will convene a group of media organizations to hear their concerns as part of that review. And I have directed the Attorney General to report back to me by July 12th.

While Republicans were leading us into a perpetual war, Obama realizes that, like all wars, this war must end:

The AUMF is now nearly twelve years old. The Afghan War is coming to an end. Core al Qaeda is a shell of its former self. Groups like AQAP must be dealt with, but in the years to come, not every collection of thugs that labels themselves al Qaeda will pose a credible threat to the United States. Unless we discipline our thinking and our actions, we may be drawn into more wars we don’t need to fight, or continue to grant Presidents unbound powers more suited for traditional armed conflicts between nation states. So I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the AUMF’s mandate. And I will not sign laws designed to expand this mandate further. Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.

He is addressing the continued detaining of prisoners at Guantánamo:

Today, I once again call on Congress to lift the restrictions on detainee transfers from GTMO. I have asked the Department of Defense to designate a site in the United States where we can hold military commissions. I am appointing a new, senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries. I am lifting the moratorium on detainee transfers to Yemen, so we can review them on a case by case basis. To the greatest extent possible, we will transfer detainees who have been cleared to go to other countries. Where appropriate, we will bring terrorists to justice in our courts and military justice system. And we will insist that judicial review be available for every detainee.

Even after we take these steps, one issue will remain: how to deal with those GTMO detainees who we know have participated in dangerous plots or attacks, but who cannot be prosecuted – for example because the evidence against them has been compromised or is inadmissible in a court of law. But once we commit to a process of closing GTMO, I am confident that this legacy problem can be resolved, consistent with our commitment to the rule of law.

I know the politics are hard. But history will cast a harsh judgment on this aspect of our fight against terrorism, and those of us who fail to end it. Imagine a future – ten years from now, or twenty years from now – when the United States of America is still holding people who have been charged with no crime on a piece of land that is not a part of our country. Look at the current situation, where we are force-feeding detainees who are holding a hunger strike. Is that who we are? Is that something that our Founders foresaw? Is that the America we want to leave to our children?

The president does not micromanage every action by the United States government and, as Ed Kilgore and David Weigel pointed out, Obama did try to hold the Congressional Republicans for their actions:

One thing is fairly clear: the speech poses a challenge to congressional Republicans that may not be that easy for them to meet, distracted as they are and as divided as they tend to be on national security policy these days. As Slate’s Dave Weigel quickly noted, Obama four times shifted responsibility for current dilemmas at least partially to Congress: on drones (where he insisted the appropriate congressional committees have known about every single strike); on embassy security; on the 9/11-era legal regime that still governs anti-terrorist efforts; and on Gitmo (where Republicans have repeatedly thwarted effort to transfer detainees to U.S. prisons). But like critical reporters, Republicans, other than neocons who want GWOT not only to be maintained but intensified, will probably tear off tasty chunks of the speech and masticate them noisily, or just dismiss it all and get back onto the crazy train of Scandalmania ‘13.

David Corn sees this as Obama taking the middle ground:

Not shockingly, Obama is attempting to find middle ground, where there is more oversight and more restraint regarding activities that pose serious civil liberties and policy challenges. The McCainiacs of the world are likely to howl about any effort to place the effort to counter terrorism into a more balanced perspective. The civil libertarians will scoff at half measures. But Obama, at the least, is showing that he does ponder these difficult issues in a deliberative manner and is still attempting to steer the nation into a post-9/11 period. That journey, though, may be a long one.

He is also looking for a middle ground which considers our security needs in the era of international terrorism along with the need to respect civil liberties and the principles which the nation was founded upon. He might not get it completely right, and the answers are not always entirely clear but, contrary to Bush and Cheney, he is considering the key issues.

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Bipartisan Report On Torture After 9/11

In case anyone still had any doubt that George Bush and Dick Cheney should be tried as war criminals, a bipartisan report confirms the long-standing criticism of torture being used under them:

A nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks concludes that “it is indisputable that the United States engaged in the practice of torture” and that the nation’s highest officials bore ultimate responsibility for it.

The sweeping, 577-page report says that while brutality has occurred in every American war, there never before had been “the kind of considered and detailed discussions that occurred after 9/11 directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.” The study, by an 11-member panel convened by the Constitution Project, a legal research and advocacy group, is to be released on Tuesday morning.

Debate over the coercive interrogation methods used by the administration of President George W. Bush has often broken down on largely partisan lines. The Constitution Project’s task force on detainee treatment, led by two former members of Congress with experience in the executive branch — a Republican, Asa Hutchinson, and a Democrat, James R. Jones — seeks to produce a stronger national consensus on the torture question.

While the task force did not have access to classified records, it is the most ambitious independent attempt to date to assess the detention and interrogation programs. A separate 6,000-page report on the Central Intelligence Agency’s record by the Senate Intelligence Committee, based exclusively on agency records, rather than interviews, remains classified.

“As long as the debate continues, so too does the possibility that the United States could again engage in torture,” the report says.

The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.” The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.

Interrogation and abuse at the C.I.A.’s so-called black sites, the Guantánamo Bay prison in Cuba and war-zone detention centers, have been described in considerable detail by the news media and in declassified documents, though the Constitution Project report adds many new details.

It confirms a report by Human Rights Watch that one or more Libyan militants were waterboarded by the C.I.A., challenging the agency’s longtime assertion that only three Al Qaeda prisoners were subjected to the near-drowning technique. It includes a detailed account by Albert J. Shimkus Jr., then a Navy captain who ran a hospital for detainees at the Guantánamo Bay prison, of his own disillusionment when he discovered what he considered to be the unethical mistreatment of prisoners.

But the report’s main significance may be its attempt to assess what the United States government did in the years after 2001 and how it should be judged. The C.I.A. not only waterboarded prisoners, but slammed them into walls, chained them in uncomfortable positions for hours, stripped them of clothing and kept them awake for days on end.

The question of whether those methods amounted to torture is a historically and legally momentous issue that has been debated for more than a decade inside and outside the government. The Justice Department’s Office of Legal Counsel wrote a series of legal opinions from 2002 to 2005 concluding that the methods were not torture if used under strict rules; all the memos were later withdrawn. News organizations have wrestled with whether to label the brutal methods unequivocally as torture in the face of some government officials’ claims that they were not.

In addition, the United States is a signatory to the international Convention Against Torture, which requires the prompt investigation of allegations of torture and the compensation of its victims.

Like the still-secret Senate interrogation report, the Constitution Project study was initiated after President Obama decided in 2009 not to support a national commission to investigate the post-9/11 counterterrorism programs, as proposed by Senator Patrick J. Leahy, Democrat of Vermont, and others. Mr. Obama said then that he wanted to “look forward, not backward.” Aides have said he feared that his own policy agenda might get sidetracked in a battle over his predecessor’s programs.

The panel studied the treatment of prisoners at Guantánamo Bay, in Afghanistan and Iraq, and at the C.I.A’s secret prisons. Staff members, including the executive director, Neil A. Lewis, a former reporter for The New York Times, traveled to multiple detention sites and interviewed dozens of former American and foreign officials, as well as former detainees.

Mr. Hutchinson, who served in the Bush administration as chief of the Drug Enforcement Administration and under secretary of the Department of Homeland Security, said he “took convincing” on the torture issue. But after the panel’s nearly two years of research, he said he had no doubts about what the United States did.

“This has not been an easy inquiry for me, because I know many of the players,” Mr. Hutchinson said in an interview. He said he thought everyone involved in decisions, from Mr. Bush down, had acted in good faith, in a desperate effort to try to prevent more attacks.

“But I just think we learn from history,” Mr. Hutchinson said. “It’s incredibly important to have an accurate account not just of what happened but of how decisions were made.”

He added, “The United States has a historic and unique character, and part of that character is that we do not torture.”

The panel found that the United States violated its international legal obligations by engineering “enforced disappearances” and secret detentions. It questions recidivism figures published by the Defense Intelligence Agency for Guantánamo detainees who have been released, saying they conflict with independent reviews.

Many on the right justified these actions belieing they were necessary for our national security. Therefore I will repeat the line above which points out:  The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.” The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.

 

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Andrew Sullivan’s Defense of Barack Obama

Yesterday I referred to Andrew Sullivan’s article on Barack Obama in Newsweek. It is worth repeating more of what he wrote in response to the common attacks from the right wing:

The right claims the stimulus failed because it didn’t bring unemployment down to 8 percent in its first year, as predicted by Obama’s transition economic team. Instead, it peaked at 10.2 percent. But the 8 percent prediction was made before Obama took office and was wrong solely because it relied on statistics that guessed the economy was only shrinking by around 4 percent, not 9. Remove that statistical miscalculation (made by government and private-sector economists alike) and the stimulus did exactly what it was supposed to do. It put a bottom under the free fall. It is not an exaggeration to say it prevented a spiral downward that could have led to the Second Great Depression.

You’d think, listening to the Republican debates, that Obama has raised taxes. Again, this is not true. Not only did he agree not to sunset the Bush tax cuts for his entire first term, he has aggressively lowered taxes on most Americans. A third of the stimulus was tax cuts, affecting 95 percent of taxpayers; he has cut the payroll tax, and recently had to fight to keep it cut against Republican opposition. His spending record is also far better than his predecessor’s. Under Bush, new policies on taxes and spending cost the taxpayer a total of $5.07 trillion. Under Obama’s budgets both past and projected, he will have added $1.4 trillion in two terms. Under Bush and the GOP, nondefense discretionary spending grew by twice as much as under Obama. Again: imagine Bush had been a Democrat and Obama a Republican. You could easily make the case that Obama has been far more fiscally conservative than his predecessor—except, of course, that Obama has had to govern under the worst recession since the 1930s, and Bush, after the 2001 downturn, governed in a period of moderate growth. It takes work to increase the debt in times of growth, as Bush did. It takes much more work to constrain the debt in the deep recession Bush bequeathed Obama.

The great conservative bugaboo, Obamacare, is also far more moderate than its critics have claimed. The Congressional Budget Office has projected it will reduce the deficit, not increase it dramatically, as Bush’s unfunded Medicare Prescription Drug benefit did. It is based on the individual mandate, an idea pioneered by the archconservative Heritage Foundation, Newt Gingrich, and, of course, Mitt Romney, in the past. It does not have a public option; it gives a huge new client base to the drug and insurance companies; its health-insurance exchanges were also pioneered by the right. It’s to the right of the Clintons’ monstrosity in 1993, and remarkably similar to Nixon’s 1974 proposal. Its passage did not preempt recovery efforts; it followed them. It needs improvement in many ways, but the administration is open to further reform and has agreed to allow states to experiment in different ways to achieve the same result. It is not, as Romney insists, a one-model, top-down prescription. Like Obama’s Race to the Top education initiative, it sets standards, grants incentives, and then allows individual states to experiment. Embedded in it are also a slew of cost-reduction pilot schemes to slow health-care spending. Yes, it crosses the Rubicon of universal access to private health care. But since federal law mandates that hospitals accept all emergency-room cases requiring treatment anyway, we already obey that socialist principle—but in the most inefficient way possible. Making 44 million current free-riders pay into the system is not fiscally reckless; it is fiscally prudent. It is, dare I say it, conservative.

On foreign policy, the right-wing critiques have been the most unhinged. Romney accuses the president of apologizing for America, and others all but accuse him of treason and appeasement. Instead, Obama reversed Bush’s policy of ignoring Osama bin Laden, immediately setting a course that eventually led to his capture and death. And when the moment for decision came, the president overruled both his secretary of state and vice president in ordering the riskiest—but most ambitious—plan on the table. He even personally ordered the extra helicopters that saved the mission. It was a triumph, not only in killing America’s primary global enemy, but in getting a massive trove of intelligence to undermine al Qaeda even further. If George Bush had taken out bin Laden, wiped out al Qaeda’s leadership, and gathered a treasure trove of real intelligence by a daring raid, he’d be on Mount Rushmore by now. But where Bush talked tough and acted counterproductively, Obama has simply, quietly, relentlessly decimated our real enemies, while winning the broader propaganda war. Since he took office, al Qaeda’s popularity in the Muslim world has plummeted.

Sullivan also responded to attacks from the left which can be seen in the full article. Sullivan does respond to the most vocal opponents, who make up a tiny minority. The Obama administration is also bracing for further criticism from the left over  his proposed budget. While there are reasons to object to some of Obama’s policies, most liberals seem to understand the limitations of what Obama can accomplish in our political system. Plus we realize that no matter what objections we have to Obama’s policies, none of these issues would be made better by having a Republican in the White House.

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Cheney Fears Being Tried For War Crimes

Unindicted war criminal Dick Cheney is afraid of being tried for war crimes according to former Colin Powell chief-of-staff Lawrence Wilkerson. It also appears that he won’t have any friends left among former members of the Bush administration once they read In My Time: A Personal and Political Memoir.

“I think he’s just trying to, one, assert himself so he’s not in some subsequent time period tried for war crimes and, second, so that he somehow vindicates himself because he feels like he needs vindication. That in itself tells you something about him,” Wilkerson told ABC News, explaining that Cheney may have “angst” because of receiving deferments instead of serving in the Vietnam War like Wilkerson and others in the administration.

“He’s developed an angst and almost a protective cover, and now he fears being tried as a war criminal so he uses such terminology as ‘exploding heads all over Washington’ because that’s the way someone who’s decided he’s not going to be prosecuted acts: boldly, let’s get out in front of everybody, let’s act like we are not concerned and so forth when in fact they are covering up their own fear that somebody will Pinochet him,” Wilkerson said alluding to the former Chilean dictator Augusto Pinochet, who was arrested for war crimes.

Wilkinson also described Cheney as being power-hungry:

Wilkerson adds, “Something happened to Dick Cheney and it wasn’t just 9/11,” which Cheney cites as deeply changing him. Wilkerson said the former vice president always “coveted power” and that Cheney was “fully expecting that he was going to be vice-president” when he headed up the search team for Bush.

“I can’t speak to the psychosomatic or the genetic problems with heart attacks or whatever, but I can speak to power,” Wilkerson said. “He wanted desperately to be president of the United States … he knew the Texas governor was not steeped in anything but baseball, so he knew he was going to be president and I think he got his dream. He was president for all practical purposes for the first term of the Bush administration.”

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Osama bin Laden Captured by Painstaking Intelligence Work, Not By Torture

It is a common behavior of the right wing to take any real world events and try to twist them to support their warped beliefs. The classic example of this was the right wing using the 9/11 terrorist attack as justification for the Iraq war. Now they are trying to turn the news over the killing of Osama bin Laden into justification for torture. Torture is a technique developed to force false confessions–not to obtain accurate information. The information actually provided by water boarding was trivial, and not the reason that bin Laden was found.  After all, if water boarding was the solution, why didn’t Bush find bin Laden a long time ago?

Defenders of the interrogation technique raised the issue, earning write-ups in several high-profile publications, including The New York Times and Time magazine. It was also put forward in most bin Laden-related news interviews with Obama officials. The problem, those officials stress, is that questioning the effectiveness of waterboarding in the bin Laden case oversimplifies a complex issue to which there may not be any concrete answers.

“There is no possible way to know for sure,” said one senior Obama administration official. “Even if waterboarding did produce something — and that is debatable, the timeline seems very unclear — it is impossible to say whether interrogation absent it would have produced the same thing. It might have. Lots of detainees provided [intelligence].”

White House spokesman Tommy Vietor was more directly dismissive. “I think this is a distraction from the broader picture, which is that this achievement was the result of years of painstaking work by our intelligence community that drew from multiple sources,” he said. “It’s impossible to know whether information obtained by EITs [enhanced interrogation techniques] could have been obtained by other forms of interrogation.”

By most accounts, harsh interrogation measures including waterboarding did not play a role in helping to track bin Laden’s whereabouts or his associates. According to the Times, in 2002 and 2003 “interrogators first heard about a Qaeda courier who used the nom de guerre Abu Ahmed al-Kuwaiti” — the same courier who would ultimately lead the CIA to bin Laden’s location. But, the Times reported, “his name was just one tidbit in heaps of uncorroborated claims.”

The full post discusses the issue further. This has also been reviewed in detail at multiple other blogs, such as here , here, and here. The information was obtained by painstaking intelligence work. In the real world, unlike an episode of 24, there are no simple solutions.

 

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United States Performed Experiments On Detainees

Physicians for Human Rights charges that there were violations of medical ethics during the torture of detainees under the Bush administration, with victims used for experimentation:

Medical professionals who were involved in the Central Intelligence Agency’s interrogations of terrorism suspects engaged in forms of human research and experimentation in violation of medical ethics and domestic and international law, according to a new report from a human rights organization.

Doctors, psychologists and other professionals assigned to monitor the C.I.A.’s use of waterboarding, sleep deprivation and other “enhanced” interrogation techniques gathered and collected data on the impact of the interrogations on the detainees in order to refine those techniques and ensure that they stayed within the limits established by the Bush administration’s lawyers, the report found. But, by doing so, the medical professionals turned the detainees into research subjects, according to the report, which is scheduled to be published on Monday by Physicians for Human Rights.

The data collected by medical professionals from the interrogations of detainees allowed the C.I.A. to judge the emotional and physical impact of the techniques, helping the agency to “calibrate the level of pain experienced by detainees during interrogation, ostensibly to keep it from crossing the administration’s legal threshold of what it claimed constituted torture,” the report said. That meant that the medical professionals crossed the line from treating the detainees as patients to treating them as research subjects, the report asserted.

These practices likely violate both domestic and international prohibitions against involuntary human experimentation, including those  based on the  Nuremberg Code.

More at Truthout and The American Prospect.

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Schwarzenegger, Powell, and Petraeus Defend Obama on Stimulus And Terrorism

The Sunday interview shows a few cases of Republicans breaking from the party line and supporting Barack Obama’s policies. Arnold Schwarzenegger along with Democrat Ed Rendell discussed how the stimulus was successful, including at creating private sector jobs, on This Week. They also agreed that the Republicans won the spin war in discrediting this successful program, with Schwarzenegger calling his fellow Republicans hypocrites:

“I find it interesting that you have a lot of the Republicans running around and pushing back on stimulus money and saying this doesn’t create any new jobs, and then they go out and do photo-ops and they’re posing with the big check and they say, ‘Isn’t this great! Look the kind of money I provide here for the state! And this is great money to create jobs, and this has created 10,000 new jobs, and this has created 20,000 new jobs,’” Schwarzenegger said on ABC’s “This Week.” “It doesn’t match up.”

Asked by “This Week” host Terry Moran if that amounted to hypocrisy, Schwarzenegger responded: “Exactly.”

On Face the Nation Colin Powell disagreed with Dick Cheney’s claims that we are less safe under Obama:

Claims that the United States is less safe under President Obama are not credible, former Secretary of State Colin Powell said on “Face the Nation” Sunday.

He also challenged criticism by some (including former Vice President Dick Cheney, who say that by not using extreme interrogation techniques such as waterboarding on terror suspects the United States is more vulnerable.

“The point is made, ‘We don’t waterboard anymore or use extreme interrogation techniques.’ Most of those extreme interrogation techniques and waterboarding were done away with in the Bush administration,” Powell said. “They’ve been made officially done away with in this current administration.”

Gen. David Petraeus disagreed with Dick Cheney regarding torture and  closing Guantanamo on Meet the Press:

Appearing on Meet the Press, the general made a compelling case against torturing terrorist detainees, saying he found it far more pragmatic and beneficial to stick to methods authorized by the army field manual.

“I have always been on the record, in fact, since 2003, with the concept of living our values. And I think that whenever we’ve perhaps taken expedient measures, they’ve turned around and bitten us in the backside. We decided early on, in the 101st airborne division, we just said, we decided to obey the Geneva Conventions…

“In the cases where that is not true [where torture takes place or international human rights groups aren’t granted access to detention sites] we end up paying a price for it, ultimately,” he added. “Abu Ghraib and other situations like that are non biodegradable. They don’t go away. The enemy continues to beat you with them like a stick…. Beyond that, frankly, we have found that the use of interrogation methods in the army field manual that was given the force of law by Congress, that that works.”

Petraeus wasn’t done there. In another contrast with former Vice President Cheney — as well as the vast majority of congressional Republicans — he reiterated his support for closing Gitmo, albeit without a date-specific time frame.

“I’ve been on the record on that for well over a year, saying it should be closed,” he said. “But it should be done in a responsible matter. So I’m not seized with the issue that it won’t be done by a certain date. In fact, I think it is prudent to insure that as we move forward with that, the remaining detainees are relocated and so forth… is really thought through and done in a very pragmatic and sensible manner.”

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Dick Cheney turned on the Olympics…

Dick Cheney turned on the Olympics last night but quickly turned it off. He was disappointed when he realized snowboarding was on, not waterboarding.

(Current Facebook status with version with shortened version on Twitter)

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Dick Cheney Asks To Be Prosecuted For Violation of Federal Law

Many people have already pointed out that Dick Cheney’s discussion of his role in promoting water boarding on Sunday is essentially a confession to war crimes. Scott Horton questions if he wants to be prosecuted:

“I was a big supporter of waterboarding,” Cheney said in an appearance on ABC’s This Week on Sunday. He went on to explain that Justice Department lawyers had been instructed to write legal opinions to cover the use of this and other torture techniques after the White House had settled on them.

Section 2340A of the federal criminal code makes it an offense to torture or to conspire to torture. Violators are subject to jail terms or to death in appropriate cases, as where death results from the application of torture techniques. Prosecutors have argued that a criminal investigation into torture undertaken with the direction of the Bush White House would raise complex legal issues, and proof would be difficult. But what about cases in which an instigator openly and notoriously brags about his role in torture? Cheney told Jonathan Karl that he used his position within the National Security Council to advocate for the use of waterboarding and other torture techniques. Former CIA agent John Kiriakou and others have confirmed that when waterboarding was administered, it was only after receiving NSC clearance. Hence, Cheney was not speaking hypothetically but admitting his involvement in the process that led to decisions to waterboard in at least three cases.

What prosecutor can look away when a perpetrator mocks the law itself and revels in his role in violating it? Such cases cry out for prosecution. Dick Cheney wants to be prosecuted. And prosecutors should give him what he wants.

Whether or not Cheney wants to be prosecuted, he should be tried for his violation of the law. If the actions he described on television are allowed to go unpunished there is no reason for any future president or vice-president to fear repeating Dick Cheney’s crimes.

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