Posts filed under 'Politics'

Rowley-McGovern: two big lies and the real reasons behind torture?

Former FBI agent Coleen Rowley and former CIA analyst Ray McGovern challenge many of the myths about US torture.they dispute that it works. But more important, based on their own experience, they dispute that its intent was to “protect America from future terrorist attacks,” as administration defender after defender claims. Here is the section of the article in which they speculate about the reasons for the torture program. While I don’t think their account here is the whoe story, I think it probably plays a larger role than many think:

The Real Reasons Behind Torture?

What, then, accounts for the descent into Inquisition practices of waterboarding and other torture techniques? What accounts for the bizarre decision to round up a whole bunch of people with no provable attachment to terrorism, designate them terrorist suspects, herd them into prisons in New York, New Jersey, Afghanistan, Guantanamo, Abu Ghraib and God knows where else, where they could be — and were — abused?

What accounts for the blithe departure from international and national law — not to mention time-honored civilized procedures for dealing with prisoners and detainees?

What accounts for the marginalization of those military, FBI and other professionals who warned that torture is not only a war crime but also that it doesn’t yield reliable information — that, rather, it is the very best recruiting tool for terrorists?

We suggest four reasons why I-don’t-care-what-the-international-lawyers-say George Bush and dark-side Dick Cheney opted for torture:

1 — Deceit: Granted, torture does not yield truthful information. It can, though, be an excellent way to obtain the untruthful information you may wish to acquire. All you really need to know is what you want the victims to “confess” to and torture them, or render them abroad to “friendly” intelligence services toward the same end.

One case that speaks volumes is that of Ibn al-Shaykh al-Libi, who was captured and rendered to Egypt, where, under torture, he told his interrogators precisely what they wanted to hear.

According to the Defense Intelligence Agency, al-Libi had been identified as a likely fabricator months before the Bush administration began to use his statements to prove that Iraq trained al-Qaeda members to use biological and chemical weapons.

Without mentioning al-Libi by name, President Bush, Vice President Cheney, then-Secretary of State Colin Powell and other administration officials repeatedly cited information from his interrogation as credible evidence that Iraq was training al-Qaeda members in the use of explosives and illicit weapons.

So torture can indeed provide the information you may want to have to grease the skids for war. Al-Libi was practically the poster boy for the Cheney/Bush torture regime; that is, until he publicly recanted and explained that he only told his interrogators what he thought would stop the torture.

2 — Sadism: Cheney’s open advocacy of waterboarding speaks volumes, but what about the President? Sad to say, as psychiatrist Justin Frank, author of Bush on the Couch, has noted:

“Bush’s certitude that he is right gives him carte blanche for destructive behavior. He has always had a sadistic streak: from blowing up frogs, to shooting his siblings with a BB gun, to branding fraternity pledges with white-hot coat hangers (explaining that the resulting wound was ‘only a cigarette burn’)…

”His comfort with cruelty is one reason he can be so jocular…Instead of seeing a President in anguish, we watch him publicly joking about the absence of ‘weapons of mass destruction’ in Iraq, in the vain search for which so many young Americans died.”

3 — Intimidation: Are you perhaps in some “shock and awe” at the prospect of the President designating you an “enemy combatant” and sending you off to the Navy brig in South Carolina for an indefinite stay? He now has court approval to do precisely that, and we are proceeding on faith that this joint article will not bring us “enhanced interrogation techniques.”

Indefinite imprisonment is bad enough, but with the fringe benefit of the kind of torture suffered by Jose Padilla? Well, let us just say that the open advocacy of waterboarding and other “harsh” methods may, just may, be aimed at throwing the fear of Cheney into us, as a way of dissuading those of us who still believe in the Constitution from attempting to hold accountable those who break the law.

4 — Because We Can: Lord Acton was, of course, right. Absolute power corrupts absolutely. And closeness to it does the same.

Guided by the principle of an unaccountable unitary executive – not to mention the writings of torture apologist Alan Dershowitz, the acting performances of the torture evangelists on Scalia’s TV favorite, Fox’s “24,” and using the fear factor to a fare-thee-well – torture has become the bellwether of exclusive dominant power.

The very transparency of the excuses for torture serves to demonstrate that this kind of power is in place, and is not to be questioned.

Here is the whole article:

‘Justifying’ Torture: Two Big Lies

By Coleen Rowley and Ray McGovern
July 19, 2008

One can assume that former Attorney General John Ashcroft didn’t mean it to be funny, but his testimony on Thursday before the House Judiciary Committee might strike one as hilarious, were it not for the issue at hand — torture.

Ashcroft is the Attorney General who approved torture before he disapproved it, but committee members spared him accusations of flip-flopping.

He explained that he initially blessed the infamous torture memoranda drafted by Justice Department lawyer John Yoo and others in mid-2002 because he (Ashcroft) believed it imperative to afford the President “the benefit of genuine doubt” regarding how to protect American lives in the “war on terror.”

But Ashcroft added that, despite this, when concerns about that earlier guidance for interrogations were brought to his attention, changing his mind “was not a hard decision for me.” A very flexible Attorney General.

“The benefit of genuine doubt?” Perhaps Ashcroft thought that this genteel way of looking at things would appeal to the poorly led, motley group calling itself the House Committee on the Judiciary, chaired by Rep. John Conyers, D-Michigan.

But the rest of us, whose time does not expire in five minutes, cannot buy his defense of torture.  For it is based on two demonstrable lies.

Lie Number One

According to Ashcroft, “The administration’s overriding goal…was to do everything in its power and within the limits of the law…to keep this country safe from terrorist attack.”

His is merely the latest in a string of torture-exculpating statements adduced to document a myth; namely, that the Bush administration, having failed to prevent the attacks of 9/11, pulled out all the stops to keep us safe from a second attack; and that one of the necessary measures introduced was torture.

It was a situational thing, you see. But even that explanation does not survive close scrutiny.

First, for those with a strong stomach, a sample of recent statements; then proof of their transparency in aiming to create an exculpatory myth:

– On May 22, 2008, Secretary of State Condoleezza Rice publicly discussed the use of enhanced interrogation techniques: “After Sept. 11, whatever was legal in the face of not just the attacks of Sept. 11, but the anthrax attacks that happened, we were in an environment in which saving America from the next attack was paramount.”

– On June 5, 2008, CIA Director Michael Hayden told Jim Angle of Fox News that it was fear of an imminent attack that led to the controversial interrogation practices — including waterboarding, which Hayden referred to as a “high-end interrogation technique.”

“Keep in mind…you have the nation suffering, reeling from a recent attack in which 3,000 citizens had been killed, until it was the collective judgment of the American government that these techniques would be appropriate and lawful in these circumstances.”

– On June 26, 2008, testifying before the Conyers committee, Vice President Dick Cheney’s chief of staff David Addington added, with some flair: “Smoke was still rising…3,000 Americans were just killed.” Dana Milbank of the Washington Post used the quote to show how Addington “justified his legal reasoning” regarding enhanced interrogation techniques.

Since members of the Judiciary Committee did little to expose the myth, let us try to help.

Selective Urgency

The sense of pressing urgency conjured up by Bush administration folks to justify torture does not square with Coleen Rowley’s direct personal experience in the FBI.

As some will remember, the FBI’s joint terrorism task force in Minneapolis had detained Zacarias Moussaoui on Aug. 16, 2001. Flight school pilots acting as whistleblowers had notified the FBI, against the wishes of their airline employer, of detailed information making Moussaoui the most suspicious student they had ever encountered.

French intelligence soon supplied further background confirming Moussaoui’s fighting for a “foreign power” — Chechnyan rebels, whose leader was connected to al-Qaeda. By Aug. 23, the case was deemed so suspicious, it went all the way to the top of the intelligence community, to Director of Central Intelligence George Tenet, in a PowerPoint presentation entitled: “Islamic Extremist Learns to Fly.”

As Rowley revealed in her letter of May 21, 2002, to FBI Director Robert Mueller, there was considerable frustration in her FBI unit in Minneapolis over the inability of FBI headquarters to get its act together and present these facts pursuant to the Foreign Intelligence Surveillance Act (FISA) to obtain the secret FISA Court’s permission to search Moussaoui’s personal effects and laptop computer in the days before 9-11.

Odd Reactions

But once the attacks took place on 9-11, confirming the Minneapolis FBI unit’s worst fears and finally overcoming FBI Headquarters’ reluctance to conduct further searches of Moussaoui’s belongings, there was still little sense of urgency.

At that point, Moussaoui sat atop the list of prime sources for information about any “second wave” of attacks. But the Justice Department persisted in its refusal to allow agents to attempt to interview Moussaoui even after the attacks.

During the afternoon of Sept. 11, 2001, the acting U.S. Attorney denied the unit permission to interview Moussaoui.

Rowley – having seen what just had transpired due, at least in part, to the FBI unit having accepted No for an answer in August – decided to go a rung higher by calling Justice officials in the FBI’s Command Post in Washington on the morning of Sept. 12.

In that conversation, Rowley repeatedly drew attention to the Supreme Court decision (New York v Quarles, 467 U.S. 649, 1984) granting an “exigent-circumstances” exception to the Miranda rule in cases where an interview is judged necessary to protect public safety.

Rowley was told by Justice Department officials that “no such public emergency existed.” This is what Rowley encountered on 9/11 and 9/12.

Moussaoui remained the only al-Qaeda terrorist in custody for many months, but the Justice Department’s ban on interviewing him remained in place — at huge potential cost by forfeiting the possibility of acquiring information on other terrorist activities about which Moussaoui was very probably aware.

This is not merely theoretical. It appears that Moussaoui almost certainly was acquainted with Richard Reid, the “shoe bomber” who on Dec. 22, 2001, almost succeeded in blowing up American Airlines Flight 63 from Paris to Miami with nearly 200 people aboard.

So, in Rowley’s May 21, 2002, letter to FBI Director Mueller, she reminded him that if, as he claimed, priority was now being given to prevention over prosecution, the FBI needed to explore how to apply the Quarles “public safety” exception.

Rowley also reminded Mueller that Minneapolis had not only been prevented from further investigation of Moussaoui before 9/11 but also was prohibited from interviewing him after the attacks on that day.

Muzzling Moussaoui

Rowley tried again in early July 2002, after learning that Moussaoui was hinting he wanted to talk. She called then-Assistant Attorney General Michael Chertoff to note the opportunity missed by not interviewing Moussaoui — particularly in view of the suggestive information found on his laptop computer regarding crop dusting and wind currents.

Chertoff was not available; one of his assistants gave Rowley the brush-off.

Rowley’s last try came on Feb. 26, 2003, when she wrote the following as part of a longer letter to Director Mueller:

“If, as you have said, ‘prevention of another terrorist attack remains the FBI’s top priority,’ why is it that we have not attempted to interview Zacarias Moussaoui, the only suspect in U.S. custody charged with having a direct hand in the horror of 9/11?… Moussaoui almost certainly would know of other al-Qaeda contacts, possibly in the U.S., and would also be able to alert us to the motive behind his and Mohammed Atta’s interest in crop dusting.

“Similarly, there is the question as to why little or no apparent effort has been made to interview convicted terrorist Richard Reid, who obviously depended upon other al-Qaeda operatives in fashioning his shoe explosive. Nor have possible links between Moussaoui and Reid been fully investigated…

“In short … lack of follow-through with regard to Moussaoui and Reid gives a hollow ring to our ‘top priority.’”

It may be that Mueller, too, felt powerless at that point but, for whatever reason, he did not respond.

In sum, Rowley’s personal experience, and lots else, persuaded her that the please-understand-we-were-just-doing-all-we-could-to-prevent-a-second-wave-of-attacks excuse for torture is bogus — an outrageous lie.

The time is far past when the President and his torture apprentices should be accorded “the benefit of genuine doubt,” to quote again from Ashcroft’s testimony.

(Remember, too, that in the immediate aftermath of the 9/11 attacks, President George W. Bush allowed prominent Saudis, including members of Osama bin Laden’s family, to be whisked out of the United States aboard private jets after only cursory interviews with the FBI.)

The Real Reasons Behind Torture?

What, then, accounts for the descent into Inquisition practices of waterboarding and other torture techniques? What accounts for the bizarre decision to round up a whole bunch of people with no provable attachment to terrorism, designate them terrorist suspects, herd them into prisons in New York, New Jersey, Afghanistan, Guantanamo, Abu Ghraib and God knows where else, where they could be — and were — abused?

What accounts for the blithe departure from international and national law — not to mention time-honored civilized procedures for dealing with prisoners and detainees?

What accounts for the marginalization of those military, FBI and other professionals who warned that torture is not only a war crime but also that it doesn’t yield reliable information — that, rather, it is the very best recruiting tool for terrorists?

We suggest four reasons why I-don’t-care-what-the-international-lawyers-say George Bush and dark-side Dick Cheney opted for torture:

1 — Deceit: Granted, torture does not yield truthful information. It can, though, be an excellent way to obtain the untruthful information you may wish to acquire. All you really need to know is what you want the victims to “confess” to and torture them, or render them abroad to “friendly” intelligence services toward the same end.

One case that speaks volumes is that of Ibn al-Shaykh al-Libi, who was captured and rendered to Egypt, where, under torture, he told his interrogators precisely what they wanted to hear.

According to the Defense Intelligence Agency, al-Libi had been identified as a likely fabricator months before the Bush administration began to use his statements to prove that Iraq trained al-Qaeda members to use biological and chemical weapons.

Without mentioning al-Libi by name, President Bush, Vice President Cheney, then-Secretary of State Colin Powell and other administration officials repeatedly cited information from his interrogation as credible evidence that Iraq was training al-Qaeda members in the use of explosives and illicit weapons.

So torture can indeed provide the information you may want to have to grease the skids for war. Al-Libi was practically the poster boy for the Cheney/Bush torture regime; that is, until he publicly recanted and explained that he only told his interrogators what he thought would stop the torture.

2 — Sadism: Cheney’s open advocacy of waterboarding speaks volumes, but what about the President? Sad to say, as psychiatrist Justin Frank, author of Bush on the Couch, has noted:

“Bush’s certitude that he is right gives him carte blanche for destructive behavior. He has always had a sadistic streak: from blowing up frogs, to shooting his siblings with a BB gun, to branding fraternity pledges with white-hot coat hangers (explaining that the resulting wound was ‘only a cigarette burn’)…

”His comfort with cruelty is one reason he can be so jocular…Instead of seeing a President in anguish, we watch him publicly joking about the absence of ‘weapons of mass destruction’ in Iraq, in the vain search for which so many young Americans died.”

3 — Intimidation: Are you perhaps in some “shock and awe” at the prospect of the President designating you an “enemy combatant” and sending you off to the Navy brig in South Carolina for an indefinite stay? He now has court approval to do precisely that, and we are proceeding on faith that this joint article will not bring us “enhanced interrogation techniques.”

Indefinite imprisonment is bad enough, but with the fringe benefit of the kind of torture suffered by Jose Padilla? Well, let us just say that the open advocacy of waterboarding and other “harsh” methods may, just may, be aimed at throwing the fear of Cheney into us, as a way of dissuading those of us who still believe in the Constitution from attempting to hold accountable those who break the law.

4 — Because We Can: Lord Acton was, of course, right. Absolute power corrupts absolutely. And closeness to it does the same.

Guided by the principle of an unaccountable unitary executive – not to mention the writings of torture apologist Alan Dershowitz, the acting performances of the torture evangelists on Scalia’s TV favorite, Fox’s “24,” and using the fear factor to a fare-thee-well – torture has become the bellwether of exclusive dominant power.

The very transparency of the excuses for torture serves to demonstrate that this kind of power is in place, and is not to be questioned.

Lie Number 2: Torture Saves Lives

It was hard to know whether to laugh or to cry. John Ashcroft insisting that according to “the reports I have heard, and I have no reason to disbelieve them, these techniques are very valuable.”

Ashcroft’s source? He indicated that it is none other than former CIA Director George Tenet, who wrecked the CIA by creating a Gestapo in the operations directorate and cultivating fawning boot-lickers among managers of analysis.

To say Tenet’s reputation for truthfulness leaves much to be desired would be the kind of self-evident revelation that CIA analysts were accustomed to assigning to their tongue-in-cheek “Great Moments in Intelligence” file.

It is, nonetheless, the White House line. Not only Ashcroft and Hayden, but also David Addington and John Yoo rang changes on the theme in their recent testimony before the aging Conyers.

Both Addington and Yoo argued that harsh interrogation methods had been crucial in preventing another terrorist attack on the U.S. after 9/11.

On Thursday, Republican members of the House Judiciary Committee picked up the theme, arguing that waterboarding and other harsh tactics yielded information that saved lives.

Rep. Elton Gallegly, R-California: “Had we not used those, would the probability of another attack not only be a probability but a certainty?”

Ashcroft:  “It could well have been.”

Have you, finally, no shame, Mr. Ashcroft? There is not a scintilla of evidence to support that claim. And, again, we are far past the point where the President and his torture apprentices merit “the benefit of genuine doubt.” Not the way they continue to play fast and loose with the truth.

Quod Est Veritas?

Here it is the President himself, with his remarkable contempt for truth, who sets the tone.

Dr. Frank points out that contempt itself is a defense, a form of self-protection of Bush’s belief system, in which he clings to his beliefs as if they were well researched facts: “Bush’s pathology is a patchwork of false beliefs and incomplete information woven into what he asserts is the whole truth.”

And Cheney, Fox News, and the rest of the fawning corporate media (FCM) follow suit. What is truth? Go ask Pontius Bush.

Trouble is, the truth usually gets out, and the President is beginning to squirm. One highly disturbing fact, from the President’s point of view, emerged Thursday in the questioning of Ashcroft by Rep. Jerrold Nadler, D-New York.

Nadler noted that “high-value” detainee Abu Zubaydah was waterboarded after his arrest in March 2002, and Nadler asked Ashcroft whether that happened before the memos from John Yoo justifying such activity were drafted. Ashcroft said he didn’t know.

Nadler, at least, had done some homework. The videotapes of Zubaydah’s interrogation were among those destroyed by the CIA, for obvious reasons. Nadler is really asking on whose authority Zubaydah was waterboarded, since Addington and Yoo had not yet completed their ex-post-facto legal acrobatics.

The congressman knows the answer. The reason that CIA interrogators felt comfortable waterboarding is quite simply that the President of the United States cleared the way for such techniques with his Action Memorandum of Feb. 7, 2002.

When FBI agents were taken off the job of interrogating Zubaydah and became aware of the “techniques” being applied by their CIA colleagues, they questioned their use. They were told by CIA interrogators at the scene that the methods were approved “at the highest levels” and that no one would get in any trouble.

But what about the main contention of Lie Number Two? Has torture saved lives? Milt Bearden, a 30-year veteran of CIA’s operations directorate who rose to the most senior managerial ranks, doesn’t believe it for a minute:

“The administration’s claims of having ‘saved thousands of Americans’ can be dismissed out of hand because credible evidence has never been offered — not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. … It is irresponsible for any administration not to tell a credible story that would convince critics at home and abroad that this torture has served some useful purpose.”

Bearden said professionals he describes as the “old hands” in the CIA, the ones who know something of interrogation and intelligence, don’t believe administration claims. Worse still, they say, torture is counterproductive:

“This is not just because the old hands overwhelmingly believe that torture doesn’t work — it doesn’t — but also because they know that torture creates more terrorists and fosters more acts of terror than it could possibly neutralize.”

Bearden argues that if the claims of the Bush White House were true, it ought to stop hiding always behind the readily adduced need to protect sources and methods. He notes that in 1986 after the U. S. bombed Libya in retaliation for a Libyan operation that killed U.S. servicemen in Berlin, there was worldwide skepticism and consternation.

The Reagan administration decided it owed the world an explanation and decided it would be worth sacrificing a very sensitive method; namely, the ability to intercept Libyan encoded messages. Ironically, the Libyan message made public spoke of the successful operation, “without leaving a trace behind.”

Frittering Five Minutes With Feith

One might ask why Conyers has not thought of inviting experienced professionals like Milt Bearden to testify.

One might also ask why Conyers continues to let people like Addington, Yoo, Douglas Feith, and now Ashcroft make a mockery of the committee’s attempts to hold hearings on these historically important issues.

How painful it is to watch as the Bush administration’s witnesses quibble about semantics, make sweeping assertions of executive privilege, and run out the five-minute clock on each congressman’s questions.

Impeachment is what the Founders envisioned for the situation we face at present.

Quick, someone download for Congressman Conyers the President’s Action Memorandum of Feb. 7, 2002, which provided the loophole through which George Tenet and Donald Rumsfeld drove the Mack truck of torture.

That memo is all you need, John. It is signed at the bottom with felt-pen strokes one and half inches high. If that’s not good enough for the Judiciary Committee chairman, then please let members and staff go home for an early vacation and spare all of us further humiliation.

Coleen Rowley, a FBI special agent for almost 24 years, was legal counsel to the FBI Field Office in Minneapolis from 1990 to 2003. She retired at the end of 2004, and now writes and speaks on ethical decision-making and balancing civil liberties with the need for effective investigation. Ray McGovern, a former Army Infantry/Intelligence officer and then a CIA analyst for 27 years, now works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in inner-city Washington.  Both serve on the Steering Committee of Veteran Intelligence Professionals for Sanity (VIPS).

Add comment July 19th, 2008

Manipulation of Military Commisions system revealed in Jawad case

Mohammed Jawad was captured in Afghanistan at age 16 or 17 and has been helld in extremely harsh conditions at Guantanamo ever since.The US has decided to put him on trial forwar crimes for allegedly throwing a grendae which wounded US soldiers.  The pretrial maneuvering in this case has called attention to a number of abuses at Guantanamo, including abusive treatment and abuses of the Military Commissions system.

Last month it was revealed that Jawad was subjected to two weeks of sleep deprivation in 2004 through the then allegedly stopped “Frequent Flyer Program” in which he was moved from cell to cell every couple of hours. In Jawad’s case this treatment appears to have been a punishment of some sort, or simply a sadistic action, as Jawad was not interrogated for months after this abuse. Since the revelation in the Jawad case, new reports have surfaced of similar treatment, albeit, of two detainees not previously known to have suffered under the devilish sleep deprivation program.

This week new evidence emerged through pretrial motion that the Military Commissions were politically manipulated by the commanding Brig. General Thomas Hartman. Ross Tuttle in the Nation reports on these new explosive charges:

More Meddling at Gitmo

By Ross Tuttle

According to a document filed in court by Jawad’s attorney on July 15, Brig. General Thomas Hartmann, the highest-ranking officer and top lawyer overseeing Guantánamo’s military tribunals, has misled the court, the press and the American public, and should be disqualified from the process. Major David Frakt, Jawad’s defense counsel, brings to light new evidence that Hartmann has been deeply involved in prosecutorial matters–a role that contradicts his mandate to provide impartial legal advice to the office of the Convening Authority which runs the Commissions–raising serious doubts about the ability of the Commissions to administer justice.The evidence is a timeline chart prepared by Hartmann that lays out plans for upcoming cases–including which cases would be charged, when they would be charged, when certain charges would be validated and sent to trial and, in some cases, how they would be tried. The problem is that the timeline was created in early November 2007, before many of those decisions should have been made. Those decisions are the purview of the Chief Prosecutor and the Convening Authority, who must arrive at them after lengthy consideration of the evidence and deliberation with advisors and other prosecutors. But, according to Frakt, the timeline suggests that those decisions were preordained by Hartmann.

“As legal advisor General Hartmann’s duty has been to provide independent and impartial advice to the Convening Authority,” says Frakt. (The Convening Authority is a quasi-neutral, quasi-judicial arbiter that oversees the commissions and makes crucial decisions about the allocation of resources, the use of expert witness and which charges are worthy of going to trial and which warrant clemency.) “But his role is made impossible when he is so deeply and partially involved in the strategic planning of prosecutorial efforts, as the chart suggests he is.”

Neither the chart nor the document submitted to the court have yet been released to the public, but Frakt has detailed some of their contents to The Nation.

Reached for comment, Lt. Col. Darrel Vanderveld, lead prosecutor in the Jawad case, disputed Frakt’s description of the chart’s role in the Guantánamo cases. “The chart reflects the Office of Military Commissions’ aspirational goals for moving the legal process forward…. If one were to compare the aspirational goals listed on that chart to reality, the evidence shows there was no influence on the timing of the prosecution of cases,” he said. (The office of military commissions refused to provide a copy of the chart to conduct a comparison.)

According to Frakt, the chart reveals that Hartmann was likely making the decisions about who to charge and when–behavior that contradicts testimony Hartmann had given on the subject just one month ago.

During a pretrial hearing in June on a motion to dismiss charges against Jawad based on unlawful influence, Hartmann said, “In general…I believe it is the Chief Prosecutor’s responsibility to determine who to charge.”

But Frakt says the timeline reveals that Hartmann “had foreknowledge, in one case, seven weeks in advance of the exact day charges would be filed against a detainee.” This was the case of Ahmed al-Darbi, an alleged member of Al Qaeda, who was charged on December 20, 2007–exactly as forecast by the chart. But a new Chief Prosecutor, Col. Lawrence Morris, hadn’t arrived to take control of the prosecutor’s office until mid-November. According to Frakt, the chart suggests that this decision and many others concerning prosecutorial scheduling and strategy have been made by Hartmann.

In the case of Frakt’s own client, Mohammed Jawad, Frakt believes the chart shows that the referral of charges to trial was a foregone conclusion.

The charges were referred to trial by the convening authority in January, 2008–a date set by Hartmann’s timeline, says Frakt. Yet in his June testimony, Hartmann explained that the Convening Authority had waited until January before referring charges in order to review additional evidence. “But in fact, the chart makes it clear that he had already made up his mind that it was going to trial–long before he actually recommended the case be referred to trial, and he was confident it would be [referred].”

In the case of the alleged 9/11 co-conspirators, Frakt believes that Hartmann was not candid with the public about the decision to try defendants jointly. During a February 11 press conference to announce the charges, Hartmann said, “The decision to try them together or the recommendation to try them together was made by the chief prosecutor.” But Frakt says that according to the language in the November chart, Hartmann had already outlined that it would be a joint trial–revealing an involvement in their charges that he’d heretofore attempted to obscure.

Hartmann had also been asked during this and other press conferences about a time frame for charges being referred and when trials would begin. Hartmann was uniformly noncommittal, saying “there is no specific timeline” and “one can never predict.” Yet, according to Frakt, this belies the fact that Hartmann had indeed already made these predictions and was working with the prosecution and convening authority to assure they’d come to fruition.

Frakt’s allegations aren’t the first to claim Hartmann has inappropriately meddled in the affairs of the prosecution. The accusations first arose last year when then-chief prosecutor Col. Morris Davis complained Hartmann was violating the Rules of the Military Commissions, which state that “no person may attempt to coerce or by any unauthorized means influence the exercise of professional judgment” by the prosecution.

Davis’ complaint prompted an internal investigation, after which Hartmann was admonished not to align himself too closely with the prosecutorial function. Davis later resigned in part, he says, because of Hartmann’s continued meddling.

And in May this year, a judge disqualified Hartmann from continuing to provide legal advice in the case of Salim Hamdan, because the judge said he had exerted improper influence over the prosecution. (The Hamdan case is scheduled to go to trial next week, in what will be the first trial of these military commissions.) Davis testified in that hearing on behalf of the defense.

“I don’t know how you’re going to do an independent and objective review of the charges when you’ve already got a date for the referral of charges set on the calendar,” Davis said, upon hearing about this latest piece of evidence.

Davis believes that Hartmann’s intent was clear from the beginning “he once told me, ‘the way we validate this process is to get back into court, present evidence, and get convictions and good sentences.’ ”

But according to Frakt, Hartmann appeared to overstep his role in trying to make that happen.

“He went well beyond attempting to motivate and facilitate the military commissions effort,” says Frakt, “he became actively involved in the prosecution strategy, and that wasn’t his job.”

Hartmann’s stance has “eroded the independence of his own function and the independence of the Convening Authority,” says Eugene Fidell, a professor of military law at Yale Law School and Washington College of Law. “This has been the problem from the beginning.”

Fidell is uncertain if this latest revelation is fatal to the entire commissions, but says “the commissions are already under tremendous pressure and at a certain point, even a battleship can take only so many holes in its hull before it rides lower and lower until it eventually sinks.”

“This development is enormous,” says Frakt, who thinks it should spell the end of Hartmann’s association with the military commissions. He also thinks this could spell the end of the commissions themselves. “They’ve taken a lot of body blows over the past couple months. This could be their knockout punch.”

Ross Tuttle is a documentary filmmaker and freelance journalist based in Los Angeles.

Add comment July 18th, 2008

Obama: Idealization and devaluation

Social Worker Hal Brown on the idealization of Obama and the resultant disillusionment:

Idealization of Obama: The higher the pedestal the harder they fall

By Hal Brown

This is a column about the psychology of idealization and how it effects our feelings and our opinions about others when they disappoint us: case in point Barack Obama. Our wishes led many of us to think of Obama as a realization of our hopes for the perfect candidate, the ideal president. The same goes for Hillary Clinton’s supporters.

“Idealization is a process which concerns the person; by it that person, without any alteration in its nature, is aggrandized and exalted in the subject’s mind.” Sigmund Freud*

After Freud other famous early analysts considered this to be a defense mechanism It is important to note two things. All people have and use defense mechanisms and they are often unconscious.

In the case of Obama, I think his supporters consciously had the highest hopes for him, but some may have unconsciously idealized him in the psychological sense.

Before you say “not me” realize that if you did this you wouldn’t necessarily know it.

A difficulty in writing about this is that there are two ways to use the word idealization, and most people outside of the field of psychology understand the word to mean simply to attribute ideal characteristics to someone.

There are numerous defense mechanisms (list), everybody uses them. Some may be harmful, most are not. In fact, some like humor and altruism actually are healthy. (See level 4 defense mechanisms on Wikipedia.) Most students of psychology today consider idealization one of the more benign defense mechanisms. It is a level 2 defense mechanism, defined (on the above link) as follows:

“These mechanisms are often present in adults and more commonly present in adolescence. These mechanisms lessen distress and anxiety provoked by threatening people or by uncomfortable reality. People who excessively use such defenses are seen as socially undesirable in that they are immature, difficult to deal with and seriously out of touch with reality. These are the so-called “immature” defenses and overuse almost always lead to serious problems in a person’s ability to cope effectively. These defenses are often seen in severe depression and personality disorders. In adolescence, the occurrence of all of these defenses is normal.”

Before people jump down the page to the comments section, I want to be clear, I am not suggesting that anyone’s idealization of Obama was unhealthy; unwise, perhaps, unrealistic for sure, but not unhealthy.

Most of those who reacted in negative ways to Obama’s changed positions, from disappointment to anger to outrage, made good points. I suggest that those whose feelings were particularly harsh are more likely than others to have idealized Obama.

Many of us, perhaps all of us, want people we look up to, whether in politics or the celebrity world, to reflect our own personal ego ideal (another term from psychoanalysis defined here. We want them to be everything we wished we could be, plus more.

Grown-ups aren’t supposed to have personal heroes in public life but we do. We often bend over backwards psychologically (through the defense mechanism of rationalization) to maintain our positive image of them, excusing and explaining their faults and failings until their behavior becomes so out of line with our expectations that our reason prevails. Then idealization can easily turn to outraged because we feel a very personal betrayal.

This is not to say that everyone who has experienced these feelings about Obama idealized him rather than simply had high hopes for him. Some readers may be curious about why they can’t seem to step back from their initial disappointment, anger or rage over, say, Obama’s FISA vote.

In order to have an accurate perception of anyone, whether a parent, friend, lover, spouse or politician, you have to recognize the extent to which you are idealizing them. Sometimes this is difficult to do because the roots of your tendency to idealize may go back to your relationship with one or both parents. Children have a strong need to believe that their parents are good, are perfect, that they end up blaming themselves for parental abuse or emotional neglect rather than deal with the facts. Some people spend years in analytic therapy to gain insights as to how their childhood experiences influence them.

If you were so enraged at Obama’s FISA vote that you wanted to not only throw him under the proverbial bus, but drive back and forth over him yourself, you may not have unconscious and unresolved issues with your parents.

But you might.


* ‘On Narcissism: An Introduction’ (1914) (Standard Edition, XIV, pp. 73–102, at p. 94).Note: I’ve changed British spelling to American spelling in some quotes.


Hal Brown, LICSW, has been a clinical social worker and psychotherapist since 1961. He often writes about politics from a psychological perspective.

Add comment July 15th, 2008

Countdown on torture and war crimes accountability

Countdown discusses the new report by Jane Mayer in her book, The Dark Side, that the Red Cross stated that the CIA’s “enhanced interrogation” program is categorically torture. In it Georgetown University law professor Jonathan Turley states:

“I’d never thought I would say this, but I think it might in fact be time for the United States to be held internationally to a tribunal. I never thought in my lifetime I would say that.”

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[h/t Raw Story.]

Mayer’s book comes outTuesday. I can’t wait to see what other revelations it contains.

Add comment July 13th, 2008

Understanding Recent Changes to FISA — A Visual Guide (Flowchart)

“Wes Walls” gives a visual description of the changes in the new FISA (aka “Destroy All ElectronicPrivacy Act of 2008″) at Ketchiup and Caviar.

Add comment July 12th, 2008

Census Bureau to dissapear gay marriages

Most researchers recognize that research is inherently affected by social beliefs, norms, and practices. But the Census Bureau is about to give us an enormous demonstration. They have decided to remove all gay marriages from their marriage data for the 2010 census, despite laws in Massachusetts and California legalizing those marriges. Perhaps next they’ll remove “Islam” from the list of reportable religions.

U.S. Census Bureau won’t count same-sex marriages

By Mike Swift
Mercury News

Tens of thousands of same-sex couples are expected to marry legally in California by 2010, if a constitutional ban on gay marriage doesn’t pass at the polls in November.

But no matter what the voters decide, the official government count of the number of married same-sex couples in California is not in doubt. It will be zero.

The U.S. Census Bureau, reacting to the federal Defense of Marriage Act and other mandates, plans to edit the 2010 census responses of same-sex couples who marry legally in California, Massachusetts or any other state. They will be reported as “unmarried partners,” rather than married spouses, in census tabulations - a policy that will likely draw the ire of gay rights groups.

The Census Bureau followed the same procedure for the 2000 census, and it does not plan to change in 2010 even though courts in Massachusetts and now California have ruled gay men and lesbians can marry lawfully.

“This has been a question we’ve been looking at for quite a long time,” said Martin O’Connell, chief of the Census Bureau’s Fertility and Family Statistics Branch. “It’s not something the bureau could arbitrarily or casually decide to change on a whim, because our data is used by virtually every federal agency.”

The Census Bureau is not falsifying people’s responses, O’Connell said, because the bureau will retain people’s original census responses.

“We’re not destroying data; we are keeping that data,” O’Connell said. “We are just showing the data published in a way that is consistent with the way every other agency publishes their data.”The Census Bureau does not ask about sexual orientation, but it does ask people to describe their relationships to others in their household. If a respondent refers to a person of the same gender as their “husband/wife” on the 2010 census form, the Census Bureau will automatically assign them to the “unmarried partner” category. Legally married same-sex couples will be indistinguishable in census data from those who chose “unmarried partner” to describe their relationship.

Researcher’s view

Critics say the census plan will mask the records of legal, same-sex, married couples and therefore degrade the quality of the government’s demographic data.

“I just think it’s bad form for the census to change a legal response to an incorrect response,” said Gary Gates of the Williams Institute, a think tank at the University of California-Los Angeles law school that studies gay-related public policy issues. “That goes against everything the census stands for.”

Gates, a prominent demographer who was consulted by Census Bureau officials about counting legally married same-sex couples, said one result is that the census will undercount marriages in states with gay marriage. And because the bureau defines a “family” as two or more people related by birth, adoption or marriage, it also will remove many same-sex married couples from being counted as families.

“It’s a systematic hiding not only of married gay couples, but gay couples as families, which I would argue is a fundamentally political decision,” Gates said.

One recently married couple called the policy “frustrating.”

“It’s just another layer of the hurdles we have to jump, as far as our relationship being recognized,” said Jim Winstead of Hollister, who recently married his partner, Rodney Naccarato-Winstead. The couple have an 18-month-old son.

Gay rights groups, learning of the policy this week, were also critical.

“To have the federal government disappear your marriage I’m sure will be painful and upsetting,” said Shannon Minter, legal director for the National Center for Lesbian Rights. “It really is something out of Orwell. It’s shameful.”

A spokeswoman for ProtectMarriage.com, campaigning in favor of the constitutional ban, declined to discuss the census issue in detail, but said it illuminates how the legalization of gay marriage potentially could dictate policy changes on government.

“One of our campaign cornerstones will be the fact that if the initiative doesn’t pass that public schools will be forced to teach the difference between gay marriage and traditional marriage,” said Jennifer Kerns.

Bureau’s reasoning

A census technical note that explains the bureau’s rationale on counting same-sex partners for the 2000 census notes that the 1996 Defense of Marriage Act “instructs all federal agencies only to recognize opposite-sex marriages for the purposes of enacting any agency programs.”

O’Connell said the Census Bureau has been unable to find any federal agency that collects data on same-sex married couples. Changing the policy before the 2010 census also would be a huge and difficult logistical issue.

“The last thing anyone wants is to use the 2010 census as a trial run,” O’Connell said.

Gates said, however, that the limitations on access to people’s original responses will make it very difficult for private researchers to analyze raw data and back out the number of same-sex spouses in California or other states.

“It’s an official closet,” Gates said, “that the government has built.”


1 comment July 12th, 2008

Democratic Congress and Obama give free communication the shove off

Glenn Greenwald, as ever, sums up the tragedy of yesterday’s Senate adoption of the Systematic Destruction of Privacy Act of 2008 (known in polite circles as the FISA bill). His title describes the bill exactly: Congress votes to immunize lawbreaking telecoms, legalize warrantless eavesdropping.

The Democratic-led Congress this afternoon voted to put an end to the NSA spying scandal, as the Senate approved a bill — approved last week by the House — to immunize lawbreaking telecoms, terminate all pending lawsuits against them, and vest whole new warrantless eavesdropping powers in the President. The vote in favor of the new FISA bill was 69-28. Barack Obama joined every Senate Republican (and every House Republican other than one) by voting in favor of it, while his now-vanquished primary rival, Sen. Hillary Clinton, voted against it. John McCain wasn’t present for any of the votes, but shared Obama’s support for the bill. The bill will now be sent to an extremely happy George Bush, who already announced that he enthusiastically supports it, and he will sign it into law very shortly.

Greenwald reminds us how Obama directly lied to us, back when he needed progressive primary votes:

Obama’s vote in favor of cloture, in particular, cemented the complete betrayal of the commitment he made back in October when seeking the Democratic nomination. Back then, Obama’s spokesman — in response to demands for a clear statement of Obama’s views on the spying controversy after he had previously given a vague and noncommittal statement — issued this emphatic vow:

To be clear: Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies.

But the bill today does include retroactive immunity for telecommunications companies. Nonetheless, Obama voted for cloture on the bill — the exact opposition of supporting a filibuster — and then voted for the bill itself. A more complete abandonment of an unambiguous campaign promise is difficult to imagine. I wrote extensively about Obama’s support for the FISA bill, and what it means, earlier today.

Greenwald reminds us that the Democrats are paying:

Yet again, the Democratic Congress ignored the views of their own supporters in order to comply with the orders and wishes of the Bush administration. It is therefore hardly a surprise that, yesterday, Rasmussen Reports revealed this rather humiliating finding:

Congressional Approval Falls to Single Digits for First Time EverThe percentage of voters who give Congress good or excellent ratings has fallen to single digits for the first time in Rasmussen Reports tracking history. This month, just 9% say Congress is doing a good or excellent job. Most voters (52%) say Congress is doing a poor job, which ties the record high in that dubious category.

But we only have votes, not the money of the lawbreaking telecoms.

Meanwhile, Joan Walsh describes the feelings of many in her aptly titled Betrayed by Obama:

I’ve admired Obama, but I never confused him with a genuine progressive leader. Today I don’t admire him at all. His collapse on FISA is unforgivable. The only thing Obama has going for him this week is that McCain is matching him misstep for misstep. While we’re railing about Obama’s craven vote on FISA — rightfully; Glenn Greenwald is a hero for his work on this topic — McCain was outdoing Dick Cheney with neocon crazy talk, warning that Iran’s test of nine old missiles we already knew they had increases the chances of a “second Holocaust.” Every time I wonder whether I can ultimately vote for Obama in November, given all of his political cave-ins, McCain does something new to make sure I have to.

She continues, drawing out the danger to the Betrayer-In-Chief:

But Obama needs to watch himself. Telling voters they have no place else to go, before he officially has the nomination, is not a winning strategy. That’s what his people told Clinton voters. That’s what they’re saying about opponents of the FISA sellout. That’s the line on those concerned about his “partial-birth” abortion remarks. It’s arrogant — up against the backdrop of Obama’s big plans for an Invesco Field acceptance speech in Denver and a Brandenberg Gate extravaganza in Berlin, I’m starting to worry about grandiosity — and it could backfire.

And, thinking of a variety of issues no doubt, Jesse Jackson goes further, before he apologized:

“See, Barack been…um…talking down to black people on this faith-based…I wanna cut his nuts off.”

See also Jack Balkin’s discussion of the FISA bill in the context of the construction of the National Surveillance State that I have been writing about for years:

Sandy Levinson and I have noted previously that we are in the midst of the creation of a National Surveillance State, which is the logical successor to the National Security State. And we have noted that, like the National Security State before it, the construction of this new form of governance will be a joint effort by the two major parties. It so happens that in 1947, when the National Security Act was passed, the Democrats controlled the Presidency while the Republicans controlled Congress. In this case it is the reverse. But the larger point is that both major political parties are committed to the build up of surveillance programs and technologies for purposes of security and the delivery of government services. We are going to get some form of National Surveillance State. The only question is what kind of state we will get. As of right now, it looks like we will get one that is far less protective of civil liberties than we could have gotten….

I repeat. If you are worried about the future of civil liberties in the emerging National Surveillance State, you should not try to console yourself with the fact that the next President will be a Democrat and not George W. Bush. It’s worth remembering that the last Democratic President we had, Bill Clinton, was not a great supporter of civil liberties. (I was therefore amused to see that his wife, Hillary Clinton decided at the last minute to vote against the bill. Good for her, but I have difficulty believing that the choice was a purely principled one). The mere fact that the next President will be a Democrat– even a liberal Democrat– is no guarantee that he will work hard to protect civil liberties in the emerging National Surveillance State. It is not enough to say that Obama has taught constitutional law before he became a United States Senator; so did Bill Clinton before he ran for governor of Arkansas.

Add comment July 10th, 2008

Obama finds freedom unimportant, only protecting criminals worth his vote

Obama has the qualifications to be President. He finds freedom unimportant in comparison to protecting corporate and administration criminals as he votes to support a police state based upon total surveillance:

Obama Should (Still) Be Standing With Feingold

By John Nichols

Before the February 19 Wisconsin primary, which confirmed his front-runner status in the race for the Democratic presidential nomination, Illinois Senator Barack Obama went out of his way to associate his candidacy with the name of Wisconsin Senator Russ Feingold.

It wasn’t just about winning Wisconsin, although that undoubtedly was part of the calculus.

Obama wanted to secure the support of the substantial portion of Democrats nationally who, in polls conducted in 2006, indicated that they would back Feingold if he entered the presidential race. Internal polls by the various campaigns indicated that Feingold drew as much as 15 percent of the vote in a number of key states, coming mostly from anti-war and pro-civil liberties progressives.

Obama knew he needed the support of those highly engaged party activists. And so, in early February, he embraced an issue that mattered a lot to them: the defense of civil liberties.

Obama, Feingold and Connecticut Senator Chris Dodd did not want Congress to support the Bush administration’s efforts to block civil suits against telecommunications firms for spying on customers.

“I am proud to stand with Senator Dodd, Senator Feingold and a grass-roots movement of Americans who are refusing to let President Bush put protections for special interests ahead of our security and our liberty,” declared Obama, who indicated that he would support efforts to filibuster any attack on the ability of citizens to use the courts to defend their privacy rights.

Obama’s stance helped him. It was cited in endorsements by prominent progressives and newspapers in Wisconsin and other later primary states. No doubt, it contributed to his landslide victory in the Badger State, where the Illinoisan won a vote from Feingold himself.

Yet, now that he is the presumptive nominee, Obama is standing not with Feingold, but with Bush and the special interests Obama once denounced. He says he’ll vote for a White House-backed FISA rewrite — which is likely to be taken up by the Senate this week — in opposition to the position taken by civil liberties groups, legal scholars on the left and right and, of course, Russ Feingold.

That’s bad — not just because Obama is putting politics ahead of principle, but because he’s calculating the politics wrong. As Feingold proved when he was overwhelmingly re-elected in a swing state in 2004, after casting the sole vote against the Patriot Act, standing strong for the Bill of Rights attracts rather than sacrifices votes.

Even worse is the deceptive claim that the “compromise” on FISA (Foreign Intelligence Surveillance Act) reached by the Bush administration and congressional leaders allows for meaningful scrutiny.

As Feingold says, “The proposed FISA deal is not a compromise; it is a capitulation. The House and Senate should not be taking up this bill, which effectively guarantees immunity for telecom companies alleged to have participated in the president’s illegal program, and which fails to protect the privacy of law-abiding Americans at home. Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity.”

Despite what some apologists for this sellout by Democratic leaders might suggest, it is comic to claim that multinational corporations given civil immunity might still face criminal charges.

Citizens have always been in the forefront of tackling corporate crime. At best, prosecutors play catch-up. Providing telecommunications corporations with immunity from civil suits gives them blanket immunity. To suggest otherwise is to buy into a fantasy that would make America less free and less safe.

Russ Feingold knows that. So does Barack Obama.

It is unfortunate that they are not standing together on the right side of history — and the Constitution.

John Nichols, a pioneering political blogger, has written The Beat since 1999. His posts have been circulated internationally, quoted in numerous books and mentioned in debates on the floor of Congress.

Add comment July 9th, 2008

McCain finds mass killing funny

McCain appears to have fine qualifications to be US President. He can joke about the mass murder of others:

McCain jokes about killing Iranians with cigarettes

U.S. Republican presidential candidate John McCain, who once sang in jest about bombing Iran, on Tuesday reacted to a report of rising U.S. cigarette exports to the country by saying it may be “a way of killing ‘em.”

McCain, known for acerbic comments and for sometimes firing verbally from the hip, was responding to a report that U.S. exports to Iran rose tenfold during President George W. Bush’s term in office despite hostility between the two states.

A rise in cigarette sales was a big part of that, according to an Associated Press analysis of seven years of U.S. trade figures.

“Maybe that’s a way of killing ‘em,” McCain said to reporters during a campaign stop in Pittsburgh. “I meant that as a joke, as a person who hasn’t had a cigarette in 28 years, 29 years,” he added, laughing.

He declined further comment on the report.

At a campaign meeting in South Carolina last year the Arizona senator, asked if there is a plan to attack Iran, began his answer with a variation on the lyrics of a well-known pop song, Barbara Ann.

“You know that old Beach Boys song, Bomb Iran?” he said, then sang “Bomb bomb bomb, bomb bomb Iran” before discussing what he considered Iran’s serious threat to Israel and international security.

Tension is high between the two countries over Iran’s nuclear program, which Washington says is aimed at making an atomic bomb but Tehran says is for generating energy. There has been media speculation of a possible U.S. or Israeli military strike against Iran’s nuclear facilities.

Add comment July 9th, 2008

Obama defends legalizing Bush ilegal wiretapping

Obama tells critics of his FISA support that freedom is just not very important. I presume electing a “change” President is just so much more important than any actual change in Bush abuses.

And Obama supporter Tom Hayden raises the alarm over Obama’s Iraq policy.

Add comment July 5th, 2008

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