Posts filed under 'Social Issues'

Prosecutor in search of justice based upon truth

Scott Horton writes of an amazingf prosecutor, one who has made it a priority to investigate prior convictions and free the innocent. If only there were more prosecutors like him, rather than the “get a conviction at costs” sort…

In Praise of a Prosecutor

By Scott Horton

What makes a bad prosecutor? It’s simple: Does the prosecutor’s longing for the public limelight, his aspirations for public office, come to overwhelm his dedication to justice, to simply doing the right thing? It’s said that a famous chief prosecutor from Dallas, Henry Wade, summed up the thinking that goes into a really bad prosecutor like this: “any prosecutor could convict a guilty man, but… it takes a real pro to convict an innocent man.”

Each year Bob Bennett, a former federal prosecutor who now heads his own litigation firm in Houston, Texas, publishes an invaluable list of the “ten worst prosecutors in the United States.” In the era of Bush, the competition to make the list has grown fierce. Last year, Bennett’s list was a sort of Bush-justice rogues gallery, starting with the world’s worst prosecutor, the disgraced (but still not indicted) former Attorney General Alberto Gonzales. It’s worth a read.

The Bush Administration has been a breeding grounds for this kind of abuse, stoking and rewarding it. But it’s worth remembering that there are honorable, dedicated, professional prosecutors at work, even in the Bush team—men like David Iglesias and David McKay, and women like Carol Lam. (They were all fired, of course.) And today’s Wall Street Journal brings an account of another prosecutor worthy of the name: Dallas County District Attorney Craig Watkins. And if there’s one trait that Watkins brings to the job, it’s a dedication to justice and a determination to right the injustices of the long line of legendarily bad prosecutors who went before him–including Henry Wade.

Craig Watkins may be the only prosecutor in America who is making his name getting people out of prison. As district attorney of Dallas County, Mr. Watkins is using DNA evidence to investigate more than 400 guilty verdicts notched up by his predecessors. His office’s Conviction Integrity Unit, launched last year for this purpose, has so far cleared six men wrongly convicted of rape, murder or robbery. In the past two decades, more than 200 convicts nationwide have been freed thanks in part to DNA testing. The tests involve taking biological material such as blood from the person convicted and comparing it to a sample left at the crime scene…

Mr. Watkins’s approach marks a change for Dallas, criticized for decades as a convict-at-all-costs county. It gained national notoriety in 1988 with the release of The Thin Blue Line, a documentary recounting the case of a man railroaded by prosecutors and wrongly convicted of murdering a police officer. Dallas County has had a string of district attorneys with tough-on-crime reputations stretching back to the legendary Henry Wade. Mr. Wade held the position from 1951 through 1986. He prosecuted Jack Ruby for the murder of Lee Harvey Oswald and was the named defendant in Roe v. Wade, the Supreme Court case that decriminalized abortion. Mr. Wade was famous for never losing a case he personally prosecuted, and for getting juries to impose the death penalty nearly every time he asked. His staff of assistants was almost as successful, and all told, won convictions in more than 150,000 cases.

Of course, there are a number of prosecutors who are riled up about Watkins. They think he’s giving the criminal justice system a bad name by showing that it misfired. These are precisely the sort of prosecutors whose indifference to justice is causing our system to rot from within.

Watkins is doing God’s work and furnishing an example to the new U.S. attorneys who will shortly be appointed by Barack Obama. They have a Herculean task–restoring public confidence in a Justice Department which has been transformed into a cesspool of unethical conduct and corruption–before them. And they will have to start with a stern look at the ineptitude and misconduct of their predecessors–including cases like the prosecution of Alabama’s Don Siegelman, Mississippi’s Paul Minor and Wes Teel, and Pennsylvania’s Cyril Wecht—that are now a blot on the nation’s reputation for justice.

Add comment November 15th, 2008

Greenwald: Do you want to be like Bush?

Glenn Greenwald calls attention to

A positive aspect of the Bush legacy

The international community now has a potent new motivating tool to dissuade world leaders from engaging in tyranny and aggression — tell them they’ll be like George Bush if they do it:

By Glenn Greenwald

Nicolas Sarkozy saved the President of Georgia from being hanged “by the balls” — a threat made last summer by Vladimir Putin, according to an account that emerged yesterday from the Élysée Palace.

The Russian seemed unconcerned by international reaction. “I am going to hang Saakashvili by the balls,” Mr Putin declared.

Mr Sarkozy thought he had misheard. “Hang him?” — he asked.

“Why not?” Mr Putin replied. “The Americans hanged Saddam Hussein.”

Mr Sarkozy, using the familiar tu, tried to reason with him: “Yes but do you want to end up like [President] Bush?”

Mr Putin was briefly lost for words, then said: “Ah — you have scored a point there.”

Diplomats and human rights activists could use that tactic for all sorts of noble purposes:  ”You shouldn’t detain people without trials; you don’t want to end up like Bush.”  ”You shouldn’t torture; you don’t want to end up like Bush. ”  ”You shouldn’t use secret prisons or invade countries that haven’t attacked anyone or spy on your own citizens in secret; you don’t want to end up like Bush,” etc.  This would be the positive converse of the recent trend whereby thugs like Robert Mugabe and even Putin justify their internal repression by pointing to the use of such measures by the Bush administration.

It has been remarkable to watch the political elite in the U.S. spend the last several months expressing righteous rage over Russia’s invasion of Georgia, given that this is the same group of people which remain unrepentant supporters of the U.S. attack on Iraq and the ongoing occupation of that country.  They thus vehemently condemn the Russian invasion (a) of a bordering country (b) which had attacked first and that (c) led to an occupation of two weeks which (d) entailed no bombing of any kind on the capital city and (e) resulted in deaths measured by the hundreds, even while the righteous condemners in the U.S. themselves cheered on and continue to justify:

an American invasion (a) of a country half way around the world (b) which had not attacked and could not attack first and that (c) led to a brutal occupation of six years and counting and (d) entailed massive bombing of the capital city and mass destruction of others and (e) resulted in the deaths measured by the hundreds of thousands of people and the displacement of millions more.

Our self-loving foreign policy community actually still thinks it’s in the position to be the world’s leader in defining “justice” when, for much of the world, it’s now the living, breathing definition of the opposite.

Add comment November 15th, 2008

Is Blackwater conducting assassinations in Iraq?

New revelations from ABC News of Blackwater International being accussed of illegally smuggling silencers into Iraq raises questions as to whether they are conducting or aiding assassinations there:

New Blackwater Iraq Scandal: Guns, Silencers and Dog Food

Ex-employees Tell ABC News the Firm Used Dog Food Sacks to Smuggle Unauthorized Weapons to Iraq

By Brian Ross and Jason Ryan

A federal grand jury in North Carolina is investigating allegations the controversial private security firm Blackwater illegally shipped assault weapons and silencers to Iraq, hidden in large sacks of dog food, ABCNews.com has learned.

Under State Department rules, Blackwater is prohibited from using certain assault weapons and silencers in Iraq because they are considered “offensive” weapons inappropriate for Blackwater’s role as a private security firm protecting US diplomatic missions.

“The only reason you need a silencer is if you want to assassinate someone,” said former CIA intelligence officer John Kiriakou, an ABC News consultant.

Six Blackwater employees are under investigation by another federal grand jury, in Washington, D.C., in connection with the shooting deaths of at least 17 civilians in September, 2007 at a Baghdad traffic circle. Prosecutors are expected to return indictments in the next few weeks, according to people familiar with the case.

The investigation of the alleged dog food smuggling scheme began last year after two Blackwater employees were caught trying to sell stolen weapons in North Carolina. The two, Kenneth Cashwell and William “Max” Grumiaux pleaded guilty in February and became government witnesses, according to court documents.

Two other former employees tell ABCNews.com they also witnessed the dog food smuggling operation. They say the weapons were actually hidden inside large sacks of dog food, packaged at company headquarters in North Carolina and sent to Iraq for the company’s 20 bomb-sniffing dogs.

Larger items, including M-4 assault weapons, were secreted on shipping pallets surrounded by stacks of dog food bags, the former employees said. The entire pallet would be wrapped in cellophane shrink wrap, the former employees said, making it less likely US Customs inspectors would look too closely.

Last year, a US Department of Commerce inspector at JFK airport in New York discovered an unlicensed two-way radio hidden in a dog food sack being shipped by Blackwater to Iraq, according to people familiar with the incident.

A Blackwater spokesperson, Anne Tyrrell, said certain arms shipmens were sent to Iraq surrounded by dog food “to secure them on the airplane and not to smuggle them.” Tyrrell said she could not comment on specifics because of “the ongoing investigation” but she denied the company had done anything wrong.

In addition to the grand jury investigation, Blackwater sources say the company is facing a multi-million dollar fine for some 900 instances in which it violated State Department licensing requirements for the export of certain weapons.

Of the 900 cases, about 100 of them have been referred to the Department of Justice for possible criminal prosecution, according to lawyers briefed on the case.

Last month, Blackwater hired a team of former federal law enforcement officials and defense experts that it said would review the company’s compliance with export laws.

Andrew Howell, Blackwater’s general counsel, said, “Ongoing reviews by the Department of Justice, State and Commerce have highlighted the need for a significant and systems-wide initiative.”

Another former Blackwater insider who talked with ABCNews.com said company executives made the decision to smuggle the weapons and silencers in the dog food “because it’s a war over there and our guys need them.”

Despite four separate federal grand jury investigations of its operations, Blackwater’s contract to provide security services for the US State Department was renewed earlier this year. The contract pays Blackwater $250 million a year and runs for five years.

Add comment November 14th, 2008

New evidence suggests onstruction of justice in Don Siegelman case

Adam Zagorin in Time reports on new evidence suggesting prosecutorial misconduct in the trial of former Alabama democratic Governor Don Siegelman. the fact that the emails he discusses were available to the Justice Department over a year ago and yet they did nothing suggests possible obstruction of justice. Surprise!

More Allegations of Misconduct in Alabama Governor Case

By Adam Zagorin

Next month in Atlanta, a federal court will hear the high-profile appeal of former Alabama governor Don E. Siegelman, whose conviction on corruption charges in 2006 became one of the most publicly debated cases to emerge from eight years of controversy at the Bush Justice Department. Now new documents highlight alleged misconduct by the Bush-appointed U.S. attorney and other prosecutors in the case, including what appears to be extensive and unusual contact between the prosecution and the jury.


The documents, obtained by TIME, include internal prosecution e-mails given to the Justice Department and Congress by a whistle-blower during the last 18 months. John Conyers, chairman of the House Judiciary Committee, which investigated the Siegelman case as part of a broader inquiry into alleged political interference in the hiring and firing of U.S. attorneys by the Bush Justice Department, last week sent an eight-page letter to Attorney General Michael Mukasey citing the new material.

Conyers says the evidence raises “serious questions” about the U.S. Attorney in the Siegelman case, who, documents show, continued to involve herself in the politically charged prosecution long after she had publicly withdrawn to avoid an alleged conflict of interest relating to her husband, a top GOP operative and close associate of Bush adviser Karl Rove. Conyers’ letter also cites evidence of numerous contacts between jurors and members of the Siegelman prosecution team that were never disclosed to the trial judge or defense counsel.

The letter to Mukasey is a signal that Democrats intend to probe what critics call the “dark side” of the Bush Administration even after it leaves office, according to congressional sources. Besides the Siegelman prosecution, such investigations could focus on the authorization of harsh interrogation methods, and the role of the former White House aides Karl Rove and Harriet E. Miers in the firing of U.S. attorneys.

Siegelman was released on bail earlier this year after a Federal court ruled that his appeal raises “substantial questions.” But the issue that turned the case into a national controversy was the allegation of political bias. Critics, including a bipartisan group of 52 state attorneys general, have raised numerous questions, including the allegation that Siegelman was prosecuted at the insistence of Bush-appointed officials at the Justice Department, and of Leura G. Canary, a U.S. Attorney in Montgomery whose husband was Alabama’s top Republican operative and who had for years worked closely with Rove.

When the House Judiciary Committee looked into the Siegelman affair earlier this year, DoJ issued statements, placed in the Congressional record, maintaining that the case had been handled only by career prosecutors, not political appointees, and that Canary had recused herself in 2002, “before any significant decisions … were made.”

But new documents furnished by DoJ staffer Tamarah T. Grimes tell a different story. A legal aide who worked in the Montgomery office that prosecuted Siegelman, Grimes first submitted her documents to DoJ watchdogs in 2007, and now finds herself in an employment dispute that could result in her dismissal. Grimes’ lawyer had no comment.

The documents — whose authenticity is not in dispute — include e-mails written by Canary, long after her recusal, offering legal advice to subordinates handling the case. At the time Canary wrote the e-mails, her husband — Alabama GOP operative William J. Canary — was a vocal booster of the state’s Republican governor, Bob Riley, who had defeated Siegelman for the office and against whom Siegelman was preparing to run again. Canary also received tens of thousands of dollars in fees from other political opponents of Siegelman.

In one of Leura Canary’s e-mails, dated September 19, 2005, she forwards senior prosecutors on the Siegelman case a three-page political commentary by Siegelman. Canary highlighted a single passage which, she told her subordinates, “Ya’ll need to read, because he refers to a ’survey’ which allegedly shows that 67% of Alabamans believe the investigation of him to be politically motivated.” Canary then suggests: “Perhaps [this is] grounds not to let [Siegelman] discuss court activities in the media!”

Prosecutors in the case seem to have followed Canary’s advice. A few months later they petitioned the court to prevent Siegelman from arguing that politics had any bearing on the case against him. After trial, they persuaded the judge to use Siegelman’s public statements about political bias — like the one Canary had flagged in her e-mail — as grounds for increasing his prison sentence. The judge’s action is now one target of next month’s appeal.

“A recused United States Attorney should not be providing factual information … to the team working on the case under recusal,” Conyers wrote Mukasey last week. Justice Department spokesman Peter Carr said only that “the Department will review the letter.” A spokesperson for Canary said she had nothing to add.

Beyond providing the e-mails, Grimes has given a written statement to the Department of Justice noting that U.S. Attorney Canary had “kept up with every detail of the [Siegelman] case”. If true, Conyers told Mukasey this raises “serious concerns” because “It is difficult to imagine the reason for a recused USA to remain so involved in the day to day progress of the matter under recusal.”

Grimes last year also gave DoJ additional e-mails detailing previously undisclosed contacts between prosecutors and members of the Siegelman jury. In nine days of deliberation, jurors twice told the judge they were deadlocked and could not reach a decision. After the panel finally delivered a conviction, allegations emerged that jurors had discussed the case in e-mails among themselves and downloaded Internet material — serious breaches which could have invalidated the verdict. But the trial judge ruled that the jurors’ alleged misconduct was harmless.

The DoJ conducted its own inquiry into some of Grimes’ claims, and wrote a report dismissing them as inconsequential. But the report shows that investigators did not question U.S. marshals or jurors who had allegedly been in touch with the prosecution.

A key prosecution e-mail describes how jurors repeatedly contacted the government’s legal team during the trial to express, among other things, one juror’s romantic interest in a member of the prosecution team. “The jurors kept sending out messages” via U.S. marshals, the e-mail says, identifying a particular juror as “very interested” in a person who had sat at the prosecution table in court. The same juror was later described reaching out to members of the prosecution team for personal advice about her career and educational plans. Conyers commented that the “risk of [jury] bias … is obvious”.

What’s more, when prosecutors conducted their own investigation of suspected improper conduct by jurors after the trial, two of them were interviewed, despite express instructions from the judge that no contact with jurors should occur without his permission. Those interviews were not publicly disclosed until nearly two years later, when the head of DoJ’s criminal division belatedly wrote all parties, including the Appeals Court in Atlanta, to inform them.

Further undisclosed evidence of prosecution team members speaking with jurors following the verdict emerges in Grimes’ written statement to the DoJ. In it, she says a member of the team prosecuting Siegelman had spoken with a juror suspected of improper conduct — apparently at the time the judge was due to question the juror about that conduct. Grimes quotes the lead prosecutor in the case as saying someone had “talked to her. She is just scared and afraid she is going to get in trouble.”

In his letter to the Attorney General, Conyers calls this additional juror contact “important information”, noting, “It is startling to see such repeated instances of Federal prosecutors failing to keep the defense apprised of key developments in an active criminal case.” He might have added that the judge was, in some instances, apparently not in on the secret either.

Add comment November 14th, 2008

Accountability: Benjamin on Truuth Commission and Obama

Mark Benjamin, in Salon, writes what he is hearing of Obama’s plans for a truth Commission, with possible, though not that likely, future prosecutions. Hanging over the latter is the threat of a blanket Bush pardon for those involved in the torture program:

Obama’s plans for probing Bush torture

President Bush could pardon officials involved in brutal interrogations — but he may also face a sweeping investigation under the new president.

By Mark Benjamin

WASHINGTON — With growing talk in Washington that President Bush may be considering an unprecedented “blanket pardon” for people involved in his administration’s brutal interrogation policies, advisors to Barack Obama are pressing ahead with plans for a nonpartisan commission to investigate alleged abuses under Bush.

The Obama plan, first revealed by Salon in August, would emphasize fact-finding investigation over prosecution. It is gaining currency in Washington as Obama advisors begin to coordinate with Democrats in Congress on the proposal. The plan would not rule out future prosecutions, but would delay a decision on that matter until all essential facts can be unearthed. Between the time necessary for the investigative process and the daunting array of policy problems Obama will face upon taking office, any decision on prosecutions probably would not come until a second Obama presidential term, should there be one.

The proposed commission — similar in thrust to a Democratic investigation proposal first uncovered by Salon in July — would examine a broad scope of activities, including detention, torture and extraordinary rendition, the practice of snatching suspected terrorists off the street and whisking them off to a third country for abusive interrogations. The commission might also pry into the claims by the White House — widely rejected by experienced interrogators — that abusive interrogations are an effective and necessary intelligence tool.

A common view among those involved with the talks is that any early effort to prosecute Bush administration officials would likely devolve quickly into ugly and fruitless partisan warfare. Second is that even if Obama decided he had the appetite for it, prosecutions in this arena are problematic at best: A series of memos from the Bush Justice Department approved the harsh tactics, and Congress changed the War Crimes Act in 2006, making prosecutions of individuals involved in interrogations more difficult.

Instead, a commission empowered by Congress would have the authority to compel witnesses to testify and even to grant immunity in exchange for information. Should a particularly ugly picture emerge, the option of prosecutions would still theoretically be on the table later, however unlikely.

In Obama’s camp, there is a sense among some that such a commission would essentially mean letting Bush get away with crimes. “People have called for criminal investigations,” one person familiar with the talks told me this summer as plans got under way. On Wednesday, a person participating in the talks confirmed that some people involved in the planning felt strongly that the commission would amount to “bullshit” and that Bush officials should be prosecuted to the full extent of the law.

But few think prosecutions are realistic, given the formidable legal hurdles and the huge policy problems competing for Obama’s attention. Among them is the complicated task of closing down the military prison at Guantánamo Bay, which Obama advisors say is a priority. Some observers outside the Obama camp are also questioning how much Democrats really want exposed with regard to interrogation, since top Democrats in Congress were briefed in secret on some of the harshest tactics used by the CIA and appear to have done little, or perhaps nothing, to stop them.

Further complicating the Obama team’s planning is uncertainty about what President Bush might do. On the one hand, a blanket pardon for anyone involved in the interrogations could be viewed by the public as a tacit admission of colossal wrongdoing — after years of public denial — which would do nothing to help Bush’s tarnished legacy. Yet, if the administration fears an investigation will follow Bush out the door in January, they may not want to leave officials exposed to potentially revealing criminal proceedings. Bush might seek to frame a blanket pardon as a preemptive strike against wrongheaded, partisan retribution.

Constitutional scholars say a pardon of this kind would be an unprecedented move — the prospective pardon of not just individuals but entire categories of people, perhaps numbering in the thousands, for carrying out the president’s orders , which the White House has argued all along were legal.

Those scholars agree, however, that Article II of the Constitution gives Bush much latitude: There is no authority that can stop the president from doing so if he wishes, and there is no outside check or balance to revisit such a decision, however controversial it may be. “The president can do with pardoning power whatever he wants,” explained University of Wisconsin Law School professor Stanley Kutler. “It is complete and plenary unto itself.”

A blanket pardon from Bush could cover, for example, anyone who participated in, had knowledge of, or received information about Bush’s interrogation program during the so-called war on terror. Not only are there potentially too many people to name without risking missing somebody, but some of the names are presumably classified.

“The classic pardon is an identifiable individual; here you are talking about potentially thousands of people involved in illegal activities,” explained Jonathan Turley, a professor at George Washington Law School. A blanket pardon of this variety, Turley said, “would allow a president to engage in massive illegality and generally pardon the world for any involvement in unlawful activity.”

There are, in fact, some constitutional scholars who believe a pardon might actually facilitate more complete participation in a fact-finding commission, by removing the threat of looming liability. “Holding people accountable is certainly nice, but in terms of healing the country and moving forward, so is actually getting a clear picture of what happened and letting the public make an informed decision,” said Kermit Roosevelt at the University of Pennsylvania Law School. “If we had a pardon followed by something like a truth and reconciliation commission, that might not be such a bad outcome.” (Roosevelt represents a detainee held at Guantánamo.)

The politics of it would be fraught with danger, however, and could so blemish Bush’s legacy that some doubt he would go so far. “A pardon is an admission of guilt,” noted Donald Kettl, a political science professor at the University of Pennsylvania. Bush has argued for years that his interrogation program was perfectly legal. With a pardon, Kettl said, Bush is essentially saying, “Gee, maybe we did not do the right thing.”

It is not entirely unprecedented for a president to grant a pardon based on a category of behavior, rather than pardoning an individual by name. The day after his inauguration, President Carter pardoned all those who avoided the Vietnam draft by failing to register or by fleeing to Canada. George Washington pardoned participants in the 1794 Whiskey Rebellion. Andrew Johnson pardoned Confederate soldiers in 1865.

But these were pardons designed to foster reconciliation, handed out to categories of individuals who acted on their own conscience, rather than the president’s own allegedly illegal orders. “This would be a different deal completely,” explained Kettl. “It would be anticipating that people thought the official policy of the administration was wrong.”

Add comment November 14th, 2008

APA President Kazdin replies to Arrigo-Wessells letter

APA President Kazdin has replied to the Arrigo-Wessells letter cautioning of repeating the PENS task force problems with the new implementation committee:

Dear Drs. Arrigo and Wessells,

Thank you for your letter regarding the formation of the APA Presidential Advisory Group on the Implementation of the Petition Resolution. I, too, am optimistic that the work of this group will help to unite the organization and enable us to move forward to implement this new policy, which was approved by a vote of our membership.

Over the past few weeks, we have received several recommendations regarding the group process - all that it ought to and ought not to include. In response to your words of caution, I can assure you that the process has been, and will continue to be, open and transparent. While I appreciate your suggestion of an independent monitor, I have invited all three original sponsors of the petition for the very purpose of ensuring that the views and interests of those bringing the petition forward are well represented in the group’s discussions.
I would be grateful if you would forward this response to those you copied on your email.

Thank you.

Best wishes,

Alan

Alan E. Kazdin, Ph.D., ABPP
President, American Psychological Association
John M. Musser Professor of Psychology and Child Psychiatry
Department of Psychology
Yale University
PO Box 208205
New Haven, CT 06520-8205

Add comment November 13th, 2008

Accountability: Prominent talk show host calls for Hague trial for Cheney

As the Bush regime slowly ends, the discussion about how to deal with its multitude of human rights violations has commenced in earnest. From human rights blog Never In Our Names comes word that Gene Burn, prominent West-Coast talk show figure, has changed his mind and now believes that an international tribunal to try Vice President Cheney for torture is justified:

Influential Talk-Show Host Shifts Position: Cheney To The Hague

By blueness

For 30 straight years KGO has been the most listened-to AM radio station in the San Francisco Bay Area. From dusk till dawn, it can also be heard throughout the entirety of the west coast, from Canada to Mexico. KGO pioneered the talk-radio format, long before it was seized and exploited by the rightwing noise machine. The station employs local, non-syndicated hosts, all of whom consistently rank first in their time slots. Hosts run the left-coast political gamut, from the vacuous, muddle-headed centrist Ronn Owens, to the fiery renegade Ray Taliaferro, who contends that a close reading of scripture discloses that Jesus was gay, and most commonly refers to George II as “that idiot out of Texas.”

Occupying the 7-10 p.m. time slot is Gene Burns, who has been in radio for more than 40 years, the past 14 at KGO. Burns is a recently lapsed Libertarian; he sought the party’s presidential nomination in 1984, but, after supporting John Kerry in 2004, this year he made the great leap, and registered as a Democrat. He is a pedant, and something of a blowhard, but is extremely influential with more moderate listeners put off by the station’s fire-breathing lefties. Burns has consistently opposed impeachment proceedings against George II and Darth Cheney as frivolous and unwarranted: these men have not, to his mind, committed impeachable offenses. Challenged by callers contending that these men approved the torture of fellow human beings, Burns has maintained that the United States has not tortured; even waterboarding, to him, does not constitute torture.

Wednesday night, all this changed. After viewing on his local PBS affiliate the documentary Torturing Democracy, Burns told his listeners, he realized he had been wrong. The United States has tortured. It has also engaged in extraordinary renditions, for the purpose of torture. While Burns still believes impeachment to be a non-starter, he has concluded that, in the treatment of prisoners at Guantanamo Bay and in other sites overseas, Dick Cheney is guilty of war crimes and crimes against humanity, and should be brought to trial before an international tribunal at The Hague. With the expectation that, in the course of Cheney mounting his defense, he may implicate George II as equally culpable in the commission of the same crimes.

Burns urged his listeners to view Torturing Democracy, which is available, in full, here. Burns can be an obstinate cuss, not often inclined to admit error: this documentary, which I have not seen, must indeed be powerful. For Burns was heretofore no member of our choir: prior to viewing Torturing Democracy, he was adamant that no such crimes had been committed “in our names.”

I’m not here to scoff at him; I’m here to praise him. Admitting to error is very hard: I struggle with it, all the time, myself. Our outgoing president, of course, famously could not admit to a single mistake made in his first term. Burns is a better man than that. He was eloquent, tonight, in the explanation of his evolution; below is a transcript of some of what he said, taken from the station’s archived audio (which will be available here, if you’d like to listen yourself, until 10 p.m. PST on Thursday).

I now believe that some international human rights organization ought to open an investigation of the Bush administration, I think focused on Vice President Dick Cheney, and attempt to bring charges against Cheney in the international court of justice at The Hague, for war crimes. Based on the manner in which we have treated prisoners at Guantanamo Bay, and the manner in which we have engaged in illegal rendition, that is, surreptitiously kidnapping prisoners and flying them to foreign countries where they could be tortured by foreign agents who do not follow the same civilized standards to which we subscribe.

I’ve always said that I’ve thought that even at Guantanamo Bay the United States was careful to stay on this side of torture. In fact, you may recall that on a couple of occasions we got into a spirited debate on this program about waterboarding, and whether waterboarding was torture. And I took the position that it was not torture, that it was simulated drowning, and that if that produced information which preserved our national security, I thought it was permissible.

And then I saw Torturing Democracy.

And I’m afraid, now that I have seen what I have seen, that I was wrong about that. It looks to me, based on this documentary, as if in fact we have engaged in behavior and practices at Guantanamo Bay, and in these illegal renditions, that are violations of the international human rights code.

And I believe that Dick Cheney is responsible. I believe that he was the agent of the United States government charged with developing the methodology used at Guantanamo Bay, supervising it for the administration, and indulging in practices which are in fact violations of human rights.

Why not George Bush? I think that it would be easier to nail Cheney. And there’s a certain method to this madness: that if you go after Cheney–seriously, I’m talking now about a serious investigation by an international tribunal, and charges brought against him in the international court, so that he would be subject to arrest, and trial, just as Milosevic and some of the people involved in these behaviors in the Balkans were–that that would force Cheney, in his defense, to disclose the degree to which the president, George W. Bush, was culpable in any of this, if culpable at all.

I really found this documentary, Torturing Democracy, very, very disturbing. And I guess the reason that heretofore I have not been such an easy mark on the matter of this kind of charge is that I don’t think I ever saw an organized, systematized review of what we did, and how we did it, as well presented as it was in this documentary.

And it grieves me to say, as an American citizen, that I believe the leadership of our country is responsible for crimes against humanity. But, you know, we can’t be trumpeting about the behavior of others, like Milosevic, and others, if we do not expect ourselves to be held to a similar high standard.

And no matter our desire to preserve and protect our national security, which is uppermost in the minds of all of us, and something which our leaders are sworn to do by oath, if to do that we have to engage in torture, we should not do it.

And as this documentary points out, there is no indication that any significant, credible evidence that made us safer was ever developed or deduced or adduced during these sessions. And in my view, some of these sessions went over the line.

And I’d like to see a panel of international court judges review the evidence. They might not agree. They might find Vice President Cheney not guilty–who knows? But I’d certainly like to see a trial of Dick Cheney as the responsible party in the United States government for developing tortures that were violations of our obligations under international concordants and treaties involving human rights violations.

If you keep listening, you will hear what we–and now he–are up against. The very first caller, an aging veteran, announced that Burns had “disgraced” himself; that “war is hell” and thus such things happen; that to sound such views but two days after Veterans Day constituted an offense against the United States. The caller concluded by saying that it was his belief that Burns should be jailed. Burns, who has a temper, invited the caller to go out and purchase some handcuffs, and then come down to the station to see whether he might succeed in locking them around Burns’ wrists.

A little later came the opposite end of the spectrum: a caller who sneered at Burns for coming too late to the issue, and demanded that Cheney be “publicly executed.”

Somewhere between these extremes must steer the serious people.

Can Dick Cheney be made to stand before The Hague? Maybe. Maybe not. The concept of international criminal tribunals is so fresh, and Darth Cheney is an awfully fat fish. But it is certain that every step taken towards such a day, even if that day is in the end never reached, helps insure that future Cheneys will be less likely to engage in similar behavior. And it is equally true that every sober, serious voice that states that Cheney deserves to be brought before The Hague, helps to push that position farther from fringoid fantasy, and closer to common wisdom.

So welcome to our world, Mr. Burns. And thank you.

Add comment November 13th, 2008

Cautionary letter to APA President Kazdin

UPDATED 11-13-2008. Jean Maria Arrigo and Mike Wessells, two members of the American Psychological Association’s infamous PENS task force (Psychological Ethics and National Security), have written to letter to APA President Kazdin warning of the dangers of repeating PENS flaws in the process of the Implementation Committee for the recently passed APA referendum banning psychologists working in detention centers operating outside of or in violation of international law or the Constitution. [Daily Kos blogger and psychologist Valtin has provided his take on the Implementation Committee in a new post.]:

Dear President Kazdin:

We, Jean Maria Arrigo and Mike Wessells, are writing in response to news of your formation of the Presidential Advisory Group on the Implementation of the Petition Resolution. With this committee, the APA has a new opportunity to unite the organization by effectively implementing the policies widely adopted by vote of the membership.

Yet we also see that setting up the organizational structure, charge, and guidelines for communication and transparency warrants caution. As members of the 2005 Presidential Task Force on Psychological Ethics in National Security (PENS), we wish to warn of certain procedural irregularities in the PENS process that are potential pitfalls for successful implementation of the referendum. These irregularities led to a fraudulent process that undermined the ostensible purpose of PENS:  to develop ethical guidelines for psychologists in national security interrogations.

It appears to us that the fraudulent PENS process was the root cause of many of the APA’s difficulties in the past three years because it prevented true deliberation. As much as anything else, it deprived thoughtful, honest advocates for psychologists’ involvement in interrogations of the opportunity to present a credible case for their position.

Many of the stakeholders to the PENS process are involved in the Implementation process, directly or indirectly. It is therefore crucial that the actual Implementation process — as opposed to the public face of the process — be transparent, fair, and deliberative. To illustrate both the subtlety and the gravity of violations in the PENS procedures, and the potential for violations in the Implementation process, we offer four examples from among a dozen that equally de-legitimized the PENS effort. All of these can be substantiated. Not one has been publicly acknowledged by APA authorities. There were other— in some ways more dramatic and egregious—violations of independent, democratic process, but the following examples particularly signal risks to the work of the new Advisory Committee.

1. As psychologists we are aware that majority influence plays a great role in group decision-making. The undisclosed “observers” to the PENS task force meeting included: the Assistant Director of Social, Behavioral, and Educational Sciences for the White House Office of Science and Technology Policy; the Executive Director for APA Science Policy; a second APA Science Policy staff member; a former National Security Agency psychologist and former director of the Navy Internship Program; and the Director of the APA Practice Directorate. At least the first four of these five had been closely involved in securing defense-related funding for APA programs. And all received the PENS listserv communications. Their presence and involvement was inconsistent with what anyone would understand by the “public face” of the PENS task force.
2. An APA Board liaison to the PENS task force was the first to suggest that the Director of the APA Practice Directorate attend the PENS meeting as an “observer,” because, as he wrote on the pre-meeting PENS listserv, “this TF has direct implications for practice.” In the morning of the first day of the June 26-29, 2005 task force meeting, it was this same Board liaison who proposed confidentiality of the task force proceedings, although no sensitive issues had yet arisen. This subtle intrusion by the APA Board exceeds the official role of Board liaison.
3. The Director of the APA Practice Directorate indeed attended, but not as mere observer. This Director articulated the task force mission as “putting out the fires” of controversy at APA, rather than resolving complex questions in psychological ethics. With cooperation from the task force chair (who was simultaneously vice-chair of the APA Ethics Committee), the Director steered the task force toward policy to be made in extreme haste, secrecy, with only an appearance of unanimity, and with no concrete examples to substantiate the policy.
Further the Director of the Practice Directorate was married to a BSCT psychologist who had served at Guantánamo, one of the theaters of concern to the task force. His spouse was closely involved with Army Surgeon General Kiley and, along with two other task force members, was part of the almost immediate military review of the PENS report with General Kiley. Other task force members employed by the military and intelligence agencies and APA task force organizers were surely aware of these profound conflicts of interest, although the Director disclosed no such influential relationships at the meeting.
4. As is now publicly known, one military member of the task force had been involved in the so-called “reverse engineering” of the Survival Evasion Resistance and Escape (SERE) training program to produce abusive techniques for terror suspects and prisoners of war. At least one of his colleagues on the task force was certainly aware of his severe conflict of interest. Further, four of the task force members served in the chains of command that had been accused of abuses.

The PENS process generated cadres of fierce critics of APA policy, whose researches eventually exposed many of the specific instances and mechanisms of fraud. These same cadres of APA members, international psychologists, human rights scholars, and journalists have their eyes on the Implementation process.

To fulfill the promise of your Presidential Advisory Group on the Implementation of the Petition Resolution, and because the PENS process so deeply damaged trust in APA institutional process, we think three things are needed: (a) a fair and transparent process, (b) committee participants who are free from overt conflicts of interest (whether disclosed or undisclosed), and (c) a reputable, independent monitor. We do not at all question your sincerity. This is not the point. Nevertheless, however far down the path you feel you are to a fair and transparent process, we urge you to arrange for a reputable, independent monitor. Such a practice will finally help put out the fires of controversy at APA over psychological ethics in interrogations.

Thank you very much for your time in considering our letter.

Sincerely,

Jean Maria Arrigo, PhD

Michael Wessells, PhD

UPDATE

APA President Kazdin has replied to the Arrigo-Wessells letter:

Dear Drs. Arrigo and Wessells,

Thank you for your letter regarding the formation of the APA Presidential Advisory Group on the Implementation of the Petition Resolution. I, too, am optimistic that the work of this group will help to unite the organization and enable us to move forward to implement this new policy, which was approved by a vote of our membership.

Over the past few weeks, we have received several recommendations regarding the group process - all that it ought to and ought not to include. In response to your words of caution, I can assure you that the process has been, and will continue to be, open and transparent. While I appreciate your suggestion of an independent monitor, I have invited all three original sponsors of the petition for the very purpose of ensuring that the views and interests of those bringing the petition forward are well represented in the group’s discussions.
I would be grateful if you would forward this response to those you copied on your email.

Thank you.

Best wishes,

Alan

Alan E. Kazdin, Ph.D., ABPP
President, American Psychological Association
John M. Musser Professor of Psychology and Child Psychiatry
Department of Psychology
Yale University
PO Box 208205
New Haven, CT 06520-8205

Add comment November 12th, 2008

Psychologists screening detainees in Iraq for “threat” to occupation

An article from last June’s Financial Times by Andrew Wood, a Fellow at the Harvard Law School human rights program, calls attention to a use of psychologists in Iraq detention facilities as part of their detainee screening and reeducation program. This use raises different ethical issues than does the use in interrogations. Here are the relevant excerpts on psychologists:

A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat - and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

And:

General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

Here is the complete article:

The business end

By Andrew K. Woods

Friday Jun 27 2008

The top half of Major General Douglas Stone’s head is covered with black hair, slicked back a la Gordon Gecko, a businessman’s coif that suggests money or power or both. The bottom half is a ring of grey, shaved in a severe military fade. It is a dual-use cut: in a suit he is all business; with a helmet on, he is a Marine Commander.

Seated in the back of a black hawk helicopter, shrouded in kevlar body armour and desert fatigues, he appears the marine. To his right sits his personal security detail, a grave-looking fellow with a Bowie knife and two shotgun rounds strapped to his flak jacket. To his left sits a leather attache case.

The land below is barren, save the occasional train of camels, and the only indication that we’ve entered Iraqi airspace is the sound of the gunner locking and loading his heavy machinegun. After 25 miles of dust and wind, a large structure becomes visible in the distance. The helicopter approaches a huge 400-acre grid of wire, containers and stadium lights, and circles it twice, tilting nearly 90 degrees as it turns, giving Stone a wide-angle view of Camp Bucca, America’s largest detention centre in Iraq.

Surveying the structure, Stone could be the mayor of a small city. And in a sense, he is. Camp Bucca, which is named after a New York City fireman who died on September 11 2001, is said to be Iraq’s 63rd-largest community. It is the third-largest forward operating base in Iraq, and the only place south of Baghdad with continuous electrical power. “I’m told it’s bigger than 78 per cent of all American cities,” Stone says with pride. He is the Commanding General of Task Force 134 (Detainee Operations), charged with overseeing the coalition’s 19,000 detainees here at Camp Bucca, and another 3,000 held at Camp Cropper near Baghdad. By comparison, the US holds 630 detainees at Bagram Air Force base in Afghanistan and 275 at Guantanamo Bay.

An imperial city like this - guarded by an occupying army whose legitimacy has been in the balance since the prison abuse scandal at Abu Ghraib in 2004 - is an unlikely place to test the claim that a more humane military is a more effective one. But, then, Stone is an unlikely commander. A Marine reservist who made a fortune in Silicon Valley before taking a doctorate in public administration, he is now fanatical about winning what he calls “the battlefield of the mind”.

Since arriving in Iraq, he has instituted significant changes to coalition detention centres, including new review boards which explain to detainees why they are being held and what they can do about it; a pledge-and-guarantor programme whereby soon-to-be-released detainees swear in front of a judge that they will not return to the fight; increased family visits to the prisons; education programmes, including maths, Arabic and English classes; vocational training programmes; and religious discussion classes, where privately hired sheikhs discuss the Koran with detainees.

The reforms may seem obvious as a matter of law, or common sense, but they represent a significant shift from the US military’s previous detention regime in Iraq, under which increasing numbers of detainees were warehoused and riots were commonplace.

Seen from above, the 20-odd compounds of the Bucca camp have a clinical stillness that befits what goes on below: what Stone calls his massive “social experiment”, and what his critics call the world’s largest religious re-education camp.

The “war of ideas” revived

The headquarters of Task Force 134 is set apart from the rest of what is now called “camp victory” on the outskirts of Baghdad, 300 miles northwest of Camp Bucca. General Stone’s office is spare, save a bookshelf lined with volumes about counterinsurgency and the rule of law. Above his desk, Stone has tacked a piece of crayon-lettered fan mail from an American boy: “Dear soldier,” it reads, “I hope you win and this is what I want you to do punch them and kick them and whack them with your gun and thorw boms [sic] at them and win!!!”

Stone admires the boy’s singular focus. It was his own obsession with victory, after all, that drove him to leave the military in 1978, just five years after graduating from the Naval Academy, to work as David Packard’s assistant at the fast-growing Hewlett-Packard. It was why he says he walked away from an IBM vice-presidency several years later to start his own small tech company, risking the mortgage on his California home in the process. And it was what led him to fly across the world last year to run a detention system no one else wanted to touch. Stone lives to win.

The boy’s letter also seems to doubt the logic of soft power brandished by an invading army. Stone himself brags that he has “a high tolerance, a very high tolerance” for killing. “Don’t get me wrong,” he says. “You have to have violence. The moderate mosques had extremist imams. Those extremist imams are now with Allah.”

Stone’s great innovation, however, is that the US and its allies must limit indiscriminate killings - and detainee mistreatment - as a matter of public diplomacy rather than principle. This theory is a military doctrine that offers rare common ground for human rights advocates and hard-nosed generals, and it is one Stone has been working on for a while.

In the 1990s, after he graduated from Stanford Graduate School of Business, and at the same time that he “bounced in and out of” several tech firms and acquired hundreds of acres of northern California’s wine country, Stone was working towards a doctorate in public administration at the University of Southern California. His dissertation is a study of international non-government networks, which he said would wield power by relying on “information operations and perception management … to attract rather than coerce”. By then a Lieutenant Colonel in the Marine Corps reserves, Stone received his doctorate two weeks before September 11. In the wake of those attacks, many American pundits stressed the importance of winning the “war of ideas”. The “terror war” would be fought “on the plane of theories, arguments, books, magazines, conferences, and lectures”, wrote the social historian and neo-conservative Paul Berman. “It was going to be a war about the ‘cultural influences’ that penetrate the Islamic mind … it was going to be, in the end, a war of persuasion.”

But all of that faded once attention turned to Iraq, and the US announced it would invade regardless of its ability to persuade. Military strategists turned their focus to kinetic battle tactics and the complexities of the Ba’athist hierarchy. Only after a full-blown insurgency had taken root and the crimes of Abu Ghraib had come to light did strategy discussions return to soft power. The military drafted a new counterinsurgency manual, and while it did not spell out detailed detention policies, it did emphasise the harms of wrongful detention, noting that in Algeria and in Northern Ireland, mass detentions had stoked the flames of local insurgencies.

At the time of the Iraq invasion, Stone was serving in Pakistan as deputy to General John Abizaid, Commander of US Central Command. It was in Pakistan that Stone began his self-described quest to understand “the Islamic mind”. In late 2006, when he heard that he would be in charge of detention policy in Iraq, he approached the RAND Corporation, a policy think tank, for ideas on detention. He left for Baghdad with a briefcase full of proposals to turn military detention from a liability into a “strategic asset”. He arrived in mid-May of 2007 to a detention camp in flames.

Riots had erupted in several compounds at Camp Bucca, where as many as 10,000 detainees were slinging rocks at the guards, tearing down their tents and using the canvas to feed the conflagration. The detainees donned signs that read “Death to American MPs” and threatened to storm the fence and kill their captors if their demands weren’t met.

Since Camp Bucca was built in 2003, riots have been commonplace. The staff holds leadership training in a room whose walls display photographs, masks and rock-trophies from previous uprisings. YouTube even features clips of Bucca’s early revolts. But the guards say they had never seen anything like the riot that broke out that May, and Stone, who had been brought in to clean up a mess, was hesitant to create another one. (An investigation was still under way into the events that led guards to shoot and kill four detainees to quell a riot that rocked five compounds in January 2005.) “We had a panic meeting here, and someone came up with the idea to electrify the fence. I mean, that’s where we were,” Stone says.

He gathered his leadership team and asked a basic question: why are they rioting? “Sir, they’re rioting because they believe that we’re holding them hostage,” a soldier responded.

A UN Security Council resolution authorises coalition forces to detain any person they deem an “imperative security threat”, which means that detention can be indefinite, and without charge. The US army emphasises that detainees are not technically prisoners - the Iraqi government holds another 25,000 men and women accused of, and sometimes charged with, insurgent and criminal activity - but the detainees live behind bars all the same. Few have been convicted of crimes, let alone been given a trial.

Stone launched several programmes to quell the detainees’ anger and, according to the military’s data, 2007 was a good year for Detainee Ops. Since Stone took charge, the number of significant acts of violence between detainees or against guards is down 80 per cent, in spite of a prison population that has doubled since “the surge” of US troops. Detainee recidivism rates from 2003 to 2006 ranged from 7 to 9 per cent. By contrast, since September 2007, coalition forces have released almost 8,000 men (just 14 of all coalition detainees are women), of whom, Stone says, only 24 have been recaptured - a recidivism rate of less than a quarter of 1 per cent.

Stone’s numbers, like data about the success of the surge, can be hard to read. One explanation for the reduction in recidivism is that there is simply less fight to return to outside the camp. Or perhaps the reduced recidivism rates point to a hardening of detainees: those who have been released may be better at evading capture, thanks to their time in detention, networking with expert insurgents.

But by most accounts, conditions in the camps have improved significantly in the last year. When I asked a UN human rights officer in Baghdad what he thought about the conditions of the US-run detention centres, he described them as “five-star”. A far bigger concern, he said, are the Iraqi prisons, where overcrowding and abuse are the norm for the approximately 25,000 convicts and detainees. Joanne Mariner, the terrorism and counter-terrorism programme director at Human Rights Watch, said Stone’s reforms are “not just a public relations campaign … it’s not taking you on the Potemkin village tour while they’re torturing people in the backroom, no”.

Or: it is a public relations campaign, and that’s the point. Better detainee treatment is by itself good information operations, just as mistreatment at Abu Ghraib was bad information operations that provided ideological ammo for a young insurgency. But if Stone’s programmes are a step in the right direction in terms of how the US treats its detainees in the so-called war on terror - and they seem to be - a dark cloud hangs over the project: occupation. It may not matter how well an invading army treats its prisoners, if it holds them for years on end - the average stay lasts 300 days - in the desert without trial.

A model tale of detention

The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

When families come to visit relatives who have been detained at either Camp Bucca or Camp Cropper they are given a cartoon picture book that explains the detention process through the story of “Ahmed”, a fictional detainee. The first frame shows a smiling brown figure sitting in the forest. The next frames show insurgents handing cash to Ahmed - and then an explosion occurs. Ahmed is next seen kneeling, handcuffed and blindfolded. Soldiers take him to Camp Cropper and the caption reads, “Ahmed receives a yellow uniform”. He is seen studying in class and working in a factory before his release. In the final frame, he is free again, and smiling.

Euphoric as it sounds, this is the way Task Force 134 was originally envisioned. Several policy planners say, off the record, that detention was always thought of as the cornerstone of a new civil society in Iraq. Because they suspected that the rule of law was corrupted under Saddam, American planners decided they would have to rebuild the country’s legal system from the ground up. Detention was seen as a good incubator for “rule of law programmes” - a training ground for Iraqi judges and lawyers, and thereby a means of manufacturing civil society.

None of that materialised. By the time the Abu Ghraib scandal broke in April 2004, detention was a shambles and cycles of rioting and repression were the norm. While Abu Ghraib provoked better oversight - at least of soldiers’ cameras - detention’s basic contours remained static, but the number of detainees was rising fast.

Less than a third of the detainees take part in the classes. But the number of detainees given access to job placement programmes is increasing, and before they leave detention, every detainee will have the option of going through the educational programmes designed by Stone’s team. This is, as Stone’s staff points out, basic corrections work. And yet, now that the programmes are in place amid a much-disputed occupation, they feel surreal.

In January this year, the guards at Camp Bucca held a ribbon-cutting ceremony for a school that was built with the help of the detainees. Before sharing a celebratory chai with the detainees, Sheikh Abdul Sattar, a contractor working for the coalition, told the pupils that the first word Mohammed received from God was “read”. “So you must do your best to learn everything, and if you are ignorant of something - shame, shame,” he said. The detainees were seated in neat rows, with armed guards standing alongside them, arms crossed, batons at hand.

This was a proud moment for Stone’s staff, and seemingly so for some of the detainees who had a hand in building the school. But was it a “win”? Stone seems to have increased the quality of life in the detention camps, and he appears to act within the bounds of international law, but doing so allows the military to avoid scrutiny about the tens of thousands of men detained without trial. It is astonishing, in fact, how little attention Camp Bucca has received.

When the surge in US troops began in early 2007, a key strategy seems to have been to scoop up huge numbers of Iraqis, causing the coalition’s prison population to double. To this day, says Joanne Mariner of Human Rights Watch, “the American default option remains detaining [all] military-age men who are located somewhere an operation or attack has taken place”. And while Stone has made basic improvements to the review procedure, including allowing detainees to be present for their hearings, there is still a heavy reliance on secret evidence to which the detainee has no access. Many of the detainees were brought in originally on a tip from someone who was probably feeding information to the Americans for political advantage. Says Mariner: “You may be detained based on secret testimony … but if you knew who [the accuser] was, you could say ‘that’s my personal enemy.’”

Detainee status is reviewed every six months, in what is known as a Multi-National Force Review Committee (MNFRC) review board. In a trailer at Camp Bucca, with track panelling and a generator grumbling outside, detainees are asked simple questions such as “do you know why you are here?” On a recent visit to three separate reviews, I saw soldiers on the board rifling through a file that the detainees could not see, whispering to each other, then asking questions that seemed designed to catch the detainee lying. When one detainee professed innocence, the members of the review board looked pained, and pointed to the file.

The board has three options for each detainee: release; continued detention; or continued detention with enrolment in educational classes, which signals a likelihood of eventual release. Stone says he is trying to process as many detainees as possible; already the MNFRC boards see an average of 160 cases a day. The goal, Stone says, is to get as many of the detainees into the educational programmes as possible, and he estimates that at least a quarter of the current detainees should be released as soon as they complete the education programmes. “If Gitmo [Guantanamo] is a bad example, and Afghanistan potentially a bad example, then the one thing we shouldn’t do is hold on to detainees,” he says.

Not everyone agrees. Prominent military analysts Max Boot and Bing West have suggested that the current detention levels are not high enough, given that Iraq has a lower incarceration rate than the US, despite being far more violent. Stone balked when asked about differences of opinion within the military establishment, but it is widely known that he has clashed with former Lieutenant General Raymond Odierno, who will soon take over from General David Petraeus as commanding general of Multi-National Forces in Iraq. Odierno is known for his brutal battle tactics - made notorious in Thomas Ricks’s 2006 book Fiasco - and he admits that, in the heat of the battle, his men have made mistakes as to who and how they detain. For almost a year, Odierno and Stone sat on opposite ends of the detention system, with Odierno in charge of who went in and Stone in charge of who went out. One side saw increased detention as a necessary short-term solution to insurgent violence (and perhaps a good way to finesse the surge’s numbers); the other side saw minimal detention as crucial to the occupation’s legitimacy.

The latter argument seems to have prevailed - General Petraeus recently announced that the US would significantly reduce the number of detainees it holds in Iraq. They are currently being released at a rate of 40 per day, while new detentions are made at about 25 a day. The military, meanwhile, has never defined “imminent security threat”, the UN standard required for detention. Other than Stone’s modest reforms, nothing seems to indicate rigorous due process. A document produced by a contractor of religious services in the detention centres suggests that the imams and psychologists working with detainees make recommendations to the MNFRC board based on three factors: whether a detainee presents “no security threat”, a “psychological threat” or an “ideological threat”.

But who constitutes an ideological threat - and how would you know?

How to “flip” a radical

Because Stone hopes to treat the root causes of the insurgency, incoming detainees are put through a week-long screening by psychologists, education specialists and imams. The detainees answer questions about their education, religious background and psychological state. Most questions are benign. Will he watch television? Does he smoke? “If he has a beard, it’s a data point,” Stone says.

Each compound has its own team of what Stone calls “sociological observers of behaviour” - contractors brought in to work with “counterinsurgency teams” who have infiltrated the compounds and who report back to Stone about the psychological, religious, class and tribal identities of the detainees. Stone is primarily looking for those he calls “the irreconcilables”, the radically ideological prisoners whom he says he cannot change. Once identified, these detainees are moved to a red or yellow compound so they do not “infect” the detainees in the green (moderate) compounds.

Stone says the best way to find out who is an extremist - or Takfir, as he calls them - is the religious discussion group. “It allows us to determine the guys that don’t really give a shit about the Koran in the first place - they’re using it as a discipline. Those guys are beginning to fall into the category of irreconcilables, and that’s helpful to me. I want to know who they are. They’re like rotten eggs, you know, hiding in the Easter basket. So we scoop them out,” he says, his hands raking through the air, “and what we see is a flattening” - a calm in the behaviour of the remaining detainees.

The Islamic discussion programme is headed by Sheikh Abdul Sattar, who works for Operational Support & Services, a subcontractor of Russian and East European Partnerships Inc., which specialises in “intercultural communications”. On leave from his Sunni mosque in Baghdad, Sheikh Sattar spent a recent afternoon sitting with a dozen detainees, answering questions about “offences”, deeds prohibited by the Koran. The discussion was run without guards. “Don’t let them deceive you,” Sattar told the students. “You should take from the mouth of Prophet Mohammed.”

For questions of religious interpretation, Stone’s staff has developed a directory of radical refrains, along with responses to each from what they say are moderate passages of text. The directory of moderate arguments was put together, Stone says with no small amount of pride, by “former al-Qaeda guys who now work for me,” because “they know the messages”.

Sattar and Stone are hoping to create what they call “moderate missiles”. When someone is identified as a cleric in training, the intelligence teams try to “flip” him. If he flips, Stone says, “I’ve got a moderate imam in the future.” Stone’s analysts estimate the average Iraqi has a social network of at least 100 people, which is comparatively quite dense - meaning that the stakes in a war of ideas are high. “I like talking to 24,000 people,” Stone says, “because 24,000 people will talk to 2.4 million people. That’s viral marketing. And viral marketing works.” He adds: “There are one billion in the Ummah [the Islamic diaspora] who are watching Baghdad.”

But that will be a tough sell. An October 2007 poll by the Pew organisation shows Muslims are increasingly hostile towards the US. And, as some officials acknowledge off the record, the US’s credibility to wage a war of persuasion is hamstrung by the presence of its army in Baghdad and what is seen as its general aggression towards Islam.

Khaled Abou El Fadl, a professor of Islamic law at the University of California, Los Angeles, notes that Egyptian Islamic scholars have not yet commented on Stone’s programmes, so their credibility among Islamic intellectuals is not yet in question. But once the news spreads, he says, “it will be just another powerful piece of evidence that this is an ideological war - that this is not about the threat of terrorism to the US, but about literally trying to create an Islam that is acceptable to certain power elites in the US or the west.”

Abou El Fadl notes that Osama bin Laden has said that the war of ideas is a modern, Judaeo-Christian crusade against Islam, and “frankly, when we do this, it starts sounding like he has a really good point.”

Back in his office, Stone hands over a sheaf of papers and says, “Here - there are two copies of this in the world.” It is the translation his team has just completed of what they claim to be the world’s most moderate Hadith - teachings of the Prophet Mohammed. “What if, at the end of the day, my guys go out and actually teach a moderate Hadith?” Stone asks. “Well they are - in two mosques!”

He adds: “Now, I can’t say where, ’cause they’d be killed.”

Jessica Stern, the academic director of the Programme on Terrorism and the Law at Harvard Law School, says Stone is relying too heavily on an unlikely example - Singapore, where “religious re-education” of some members of the radical group Jemaah Islamiyah “is reported to have been effective”. Singapore is utterly unlike Iraq, with the latter’s backdrop a contested military occupation. “The vast majority of insurgents in Iraq are not motivated by religious extremism,” Stern says. Stone’s own data confirms this, supporting competing theories about the motivations of so-called insurgents in Iraq. Some of the coalition’s detainees seem to be motivated by fanatical and corrupt interpretations of the Koran; an equal number - about a third - seem to be motivated by underemployment and poverty; some are forced into fighting by criminal gangs; and some - about a quarter of the detainees - are fighting to drive out a military occupier. This would suggest that a Koranic-centred programme would miss the mark for many of the detainees. But Major Matthew Morgan of Task Force 134 says that all of the detainees slated for release will have gone through the religious discussion programme, suggesting that the programme is practically a prerequisite for release. And those who are, in fact, motivated by Islam are considered “irreconcilable”, making them unlikely to be released.

When the Iraqis take over

What happens to the programmes, and the detainees, will depend on what the government of Iraq makes of them when it takes the reins. American control over detention expires after 2008, though a bilateral agreement between the US and Iraq is in development to extend that deadline. Meanwhile, Stone is training more than 2,000 Iraqi correctional officers at Bucca and Cropper, where 1,000 Iraqi guards already work. That is hardly enough to take over from the 9,000 men and women who work for Task Force 134 alongside nearly 600 contractors.

The process of handing over authority for the detainees to the Iraqi government offers an early glimpse of how difficult it will be for US forces to extricate themselves from the country. Manfred Nowak, the UN Special Rapporteur on Torture, says that the transfer of detainees to Iraqi control may be a violation of international law. Refoulement, or transferring people to places where they face a risk of torture, is prohibited by Article 3 of the Convention Against Torture, which the US has signed and ratified. The US has said that transferring people within country from a Multi-National Forces facility to an Iraqi facility would not fall under the non-refoulement principle, but Nowak says this legal interpretation “is definitely wrong”.

Meanwhile construction is under way in Ramadi and Taji for hybrid detention centres that will, as early as September, serve as halfway houses for detainees being put through the education programmes and released back into society. Stone says he hopes that by putting the detention centres closer to the battlefield, the forces making detentions will be more discriminating. But the same critiques of Camps Cropper - inadequate due process, ineffective and potentially offensive de-radicalisation methods - will still apply: in addition to education and job training, Stone’s plans suggest a “daily viewing of anti-sectarian, moderate media”, as a step in their reintegration with society; REEP Inc., the contractor running Stone’s religious programmes, just won a competitive contract for managing the re-integration programmes until 2010.

Robert Gates, the US secretary of defence, said in a recent speech that military success in Iraq is now “less a matter of imposing one’s will and more a function of shaping behaviour - of friends, adversaries and, most importantly, the people in between”.

But to critics of the Iraq war, this approach and Stone’s programmes in particular, are utterly marred by the occupation’s illegitimacy. Chalmers Johnson, a scholar of American empire and professor emeritus at the University of California, San Diego, told me that even “a glib general with a doctorate from USC” could not stop the inevitable unravelling of a huge military expeditionary force “in a country and a culture that none of our leaders has even an elementary familiarity with, to teach a version of Islam that serves our immediate political interests”.

Abou El Fadl, at UCLA, says that Stone ultimately belongs to a long tradition of “good, solid military men who found themselves doing something they’re not equipped to do at all”.

Stone remains the optimist: “Remember, I came out of Silicon Valley, where if you had a six-month lead on your competition, you win. You deprive them of cash, you have more cash … you get an installed base that’s bigger, you take their installed base away,” he says, using the financial term for operating system users.

“That’s thematically what I’m thinking about, you know,” he says, now jabbing his fingers at Pakistanis screaming on the cover of a news magazine. “How do I get this installed base to turn?”

………………………..

Andrew K. Woods is Hauser fellow and lecturer at the Harvard Law School human rights programme.

……………………….

Postscript

Since this interview was conducted Major General Douglas Stone has handed over command of Task Force 134 to Rear Admiral Garland P. Wright. Stone will get a third star and become head of Marine Forces Reserve and Marine Forces North later this year, based in New Orleans.

Add comment November 11th, 2008

Cohn: Obama Spells New Hope for Human Rights

Marjorie Cohn joins those suggesting what Obama should do to further human rights, going beyond torture and civil liberties. Here is the first of what she says will be a series of articles:

Obama Spells New Hope for Human Rights

By Marjorie Cohn

Celebrations of Barack Obama’s election as President of the United States erupted in countries around the world. From Europe to Africa to the Middle East, people were jubilant. After suffering though eight years of an administration that violated more human rights than any other in U.S. history, Obama spells hope for a new day.

While George W. Bush was President, I wrote Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, which chronicled his war of aggression, policy of torture, illegal killings, unlawful Guantánamo detentions, and secret spying on Americans. When the book was published, it seemed unimaginable that we could elect a President who would turn those policies around. But the election of Obama holds that potential.

This is the first in a series of articles in which I will suggest how the Obama administration can start undoing some of the damage Bush wrought, by ratifying three of the major human rights treaties and the Rome Statute for the International Criminal Court.

Although the U.S. government frequently criticizes other countries for their human rights transgressions, the United States has been one of the most flagrant violators. We have refused to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); and the Convention on the Rights of the Child (CRC). And while the United States worked with other countries for 50 years to create the International Criminal Court, it has failed to ratify that treaty as well. When we ratify a treaty, it becomes part of U.S. law under the Supremacy Clause of the Constitution.

In this article, I will explain why the United States should ratify the ICESCR, which is particularly relevant now that we are in the midst of the most serious economic crisis since the Great Depression.

In 1941, President Franklin D. Roosevelt, whose New Deal helped lift us out of the Depression, gave his famous Four Freedoms Speech, focused on freedom of speech and expression, freedom to worship, freedom from want, and freedom from fear. Roosevelt fleshed out the freedom from want and fear principles in his Economic Bill of Rights. It contained equality of opportunity, the right to a job and a decent wage, the end of special privileges for the few, universal civil liberties, and guaranteed old-age pensions, unemployment insurance and medical care.

FDR’s bill of rights formed the basis for the Universal Declaration of Human Rights, which Eleanor Roosevelt helped draft, and which the U.N. General Assembly adopted in 1949. The Declaration embraced two types of human rights: civil and political rights on the one hand; and economic, social and cultural rights on the other.

These rights were codified in two binding treaties: the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The United States ratified the ICCPR in 1992. But it has refused to commit itself to the protection of economic, social and cultural rights. Since the Reagan administration, there has been a policy to define human rights in terms of civil and political rights, but to dismiss economic, social and cultural rights as akin to social welfare, or socialism.

Indeed, the United States’ inhumane policy toward Cuba exemplifies this dichotomy. The U.S. government has criticized civil and political rights in Cuba while disregarding Cubans’ superior access to universal housing, health care, education and public accommodations, and its guarantee of paid maternity leave and equal pay rates.

The refusal to enshrine rights such as employment, education, food, housing, and health care in U.S. law is the reason the United States has not ratified the ICESCR. This treaty contains the right to work in just and favorable conditions, to an adequate standard of living, to the highest attainable standards of physical and mental health, to education, to housing, and to enjoyment of the benefits of cultural freedom and scientific progress. It also guarantees equal rights for men and women, the right to work, the right to form and join trade unions, the right to social security and social insurance, and protection and assistance to the family.

In the United States, more than 10 million people are unemployed, 2 to 3 million families are homeless each year, and 46 million have no health care benefits. Untold numbers lost their retirement savings when the stock market crashed. Obama has pledged to give the rebuilding of our economy top priority after he is sworn in as President. He promised to create jobs and to ensure that all Americans are covered by health insurance. When Obama said he would cut taxes for 95 percent of the people but end the tax cuts for the rich, he was criticized for wanting to “spread the wealth.” But Obama’s plan is fully consistent with our progressive income tax system. After the election, 15,000 physicians called for a single-payer health care plan, which Obama and Congress should seriously consider.

The United States’ flouting of the United Nations in its unilateral war on Iraq, and torture of prisoners in Afghanistan, Guantánamo Bay, Cuba, and Iraq, has engendered widespread condemnation in the international community. Yale Law School Dean Harold Koh, citing Professor Louis Henkin, summarized the hypocrisy of the United States in the area of human rights as follows: “In the cathedral of human rights, the U.S. is more like a flying buttress than a pillar – choosing to stand outside the international structure supporting the international human rights system but without being willing to subject its own conduct to the scrutiny of the system.”

We should encourage President Obama to send the ICESCR to the Senate for advice and consent to ratification. Becoming a party to that treaty will help not only the people in this country; it will also engender respect for the United States around the world.

Add comment November 11th, 2008

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