This story should be as big as the midterms, but it won’t be. The U.S. media long ago determined that George W. Bush’s transgressions have ceased to be newsworthy. One of the reasons is that the Obama administration made the disastrous choice not to investigate Bush. That cop-out allows Bush to freely admit he approved torture:

Human rights experts have long pressed the administration of former president George W. Bush for details of who bore ultimate responsibility for approving the simulated drownings of CIA detainees, a practice that many international legal experts say was illicit torture. In a memoir due out Tuesday, Bush makes clear that he personally approved the use of that coercive technique against alleged Sept. 11 plotter Khalid Sheik Mohammed, an admission the human rights experts say could one day have legal consequences for him.

In his book, titled “Decision Points,” Bush recounts being asked by the CIA whether it could proceed with waterboarding Mohammed, who Bush said was suspected of knowing about still-pending terrorist plots against the United States. Bush writes that his reply was “Damn right” and states that he would make the same decision again to save lives, according to a someone close to Bush who has read the book.

Tom Malinowski, the Washington advocacy director for Human Rights Watch, said, “Waterboarding is broadly seen by legal experts around the world as torture, and it is universally prosecutable as a crime. The fact that none of us expect any serious consequences from this admission is what is most interesting.”

M. Cherif Boussiani, an emeritus law professor at DePaul University who co-chaired the U.N. experts committee that drafted the torture convention, said that Bush’s admission could theoretically expose him to prosecution. But he also said Bush must have presumed that he would have the government’s backing in any confrontation with others’ courts.

Labels: Bush Administration crimes, war crimes, wussy-ass Democrats

In the most comprehensive investigation to date of health professionals’ involvement in the CIA’s “enhanced” interrogation program (EIP), Physicians For Human Rights has uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody. The apparent experimentation and research appear to have been performed to provide legal cover for torture, as well as to help justify and shape future procedures and policies governing the use of the “enhanced” interrogation techniques. The PHR report, Experiments in Torture: Human Subject Research and Evidence of Experimentation in the ‘Enhanced’ Interrogation Program, is the first to provide evidence that CIA medical personnel engaged in the crime of illegal experimentation after 9/11, in addition to the previously disclosed crime of torture.

(via)

This evidence indicating apparent research and experimentation on detainees opens the door to potential additional legal liability for the CIA and Bush-era officials. There is no publicly available evidence that the Department of Justice’s Office of Legal Counsel determined that the alleged experimentation and research performed on detainees was lawful, as it did with the “enhanced” techniques themselves.

“The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation,” said Frank Donaghue, PHR’s Chief Executive Officer. “Not only are these alleged acts gross violations of human rights law, they are a grave affront to America’s core values.”

[snip]

Physicians for Human Rights demands that President Obama direct the Attorney General to investigate these allegations, and if a crime is found to have been committed, prosecute those responsible. Additionally, Congress must immediately amend the War Crimes Act (WCA) to remove changes made to the WCA in 2006 by the Bush Administration that allow a more permissive definition of the crime of illegal experimentation on detainees in US custody. The more lenient 2006 language of the WCA was made retroactive to all acts committed by US personnel since 1997.

“In their attempt to justify the war crime of torture, the CIA appears to have committed another alleged war crime – illegal experimentation on prisoners,” said Nathaniel A. Raymond, Director of PHR’s Campaign Against Torture and lead report author. “Justice Department lawyers appear to never have assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.”

PHR’s report, Experiments in Torture, is relevant to present-day national security interrogations, as well as Bush-era detainee treatment policies. As recently as February, 2010, President Obama’s then director of national intelligence, Admiral Dennis Blair, disclosed that the US had established an elite interrogation unit that will conduct “scientific research” to improve the questioning of suspected terrorists. Admiral Blair declined to provide important details about this effort.

“If health professionals participated in unethical human subject research and experimentation they should be held to account,” stated Scott A. Allen, MD, a medical advisor to Physicians for Human Rights and lead medical author of the report. “Any health professional who violates their ethical codes by employing their professional expertise to calibrate and study the infliction of harm disgraces the health profession and makes a mockery of the practice of medicine.”

"We were terrible to animals," recalled Mr. Throckmorton, laughing. A dip behind the Bush home turned into a small lake after a good rain, and thousands of frogs would come out.

"Everybody would get BB guns and shoot them," Mr. Throckmorton said. "Or we'd put firecrackers in the frogs and throw them and blow them up."

Labels: Bush Administration crimes, sociopathy, war crimes

The reason I've been outspoken is because there were some things being said, especially after we left office, about prosecuting CIA personnel that had carried out our counterterrorism policy or disbarring lawyers in the Justice Department who had -- had helped us put those policies together, and I was deeply offended by that, and I thought it was important that some senior person in the administration stand up and defend those people who'd done what we asked them to do.

Labels: Bush Administration crimes, Dick Cheney, torture, war crimes

Top officials from the Bush administration have hit upon a revealing new theme as they retrospectively justify their national security policies. Call it the White House 9/11 trauma defense.

"Unless you were there, in a position of responsibility after September 11, you cannot possibly imagine the dilemmas that you faced in trying to protect Americans," Condoleezza Rice said last month as she admonished a Stanford University student who questioned the Bush-era interrogation program. And in his May 21 speech on national security, Dick Cheney called the morning of Sept. 11, 2001, a "defining" experience that "caused everyone to take a serious second look" at the threats to America. Critics of the administration have become more intense as memories of the attacks have faded, he argued. "Part of our responsibility, as we saw it," Cheney said, "was not to forget the terrible harm that had been done to America."

I remember that morning, too. Shortly after the second World Trade Center tower was hit, I burst in on Rice (then the president's national security adviser) and Cheney in the vice president's office and remember glimpsing horror on his face. Once in the bomb shelter, Cheney assembled his team while the crisis managers on the National Security Council staff coordinated the government response by video conference from the Situation Room. Many of us thought that we might not leave the White House alive. I remember the next day, too, when smoke still rose from the Pentagon as I sat in my office in the White House compound, a gas mask on my desk. The streets of Washington were empty, except for the armored vehicles, and the skies were clear, except for the F-15s on patrol. Every scene from those days is seared into my memory. I understand how it was a defining moment for Cheney, as it was for so many Americans.

Yet listening to Cheney and Rice, it seems that they want to be excused for the measures they authorized after the attacks on the grounds that 9/11 was traumatic. "If you were there in a position of authority and watched Americans drop out of eighty-story buildings because these murderous tyrants went after innocent people," Rice said in her recent comments, "then you were determined to do anything that you could that was legal to prevent that from happening again."

I have little sympathy for this argument. Yes, we went for days with little sleep, and we all assumed that more attacks were coming. But the decisions that Bush officials made in the following months and years -- on Iraq, on detentions, on interrogations, on wiretapping -- were not appropriate. Careful analysis could have replaced the impulse to break all the rules, even more so because the Sept. 11 attacks, though horrifying, should not have surprised senior officials. Cheney's admission that 9/11 caused him to reassess the threats to the nation only underscores how, for months, top officials had ignored warnings from the CIA and the NSC staff that urgent action was needed to preempt a major al-Qaeda attack.

On Sept. 6, 2002, Landay and Strobel reported that there was no known new intelligence indicating that “the Iraqis have made significant advances in their nuclear, biological or chemical weapons programs.” It was two days later that The Times ran its now notorious front-page account of Saddam Hussein’s “quest for thousands of high-strength aluminum tubes.” In the months that followed, as the Bush White House kept beating the drum for Saddam’s imminent mushroom clouds to little challenge from most news organizations, Landay and Strobel reported on the “lack of hard evidence” of Iraqi weapons and the infighting among intelligence agencies. Their scoops were largely ignored by the big papers and networks as America hurtled toward fiasco.

Another reporter who was ahead of the pack in unmasking Bush-Cheney propaganda is the author Ron Suskind. In his 2006 book on the American intelligence matrix, “The One Percent Doctrine,” Suskind wrote about a fully operational and potentially catastrophic post-9/11 Qaeda assault on America that actually was aborted in the Bush years: a hydrogen cyanide attack planned for the New York City subways. It was halted 45 days before zero hour — but not because we stopped it. Al-Zawahri had called it off.

When Bush and Cheney learned of the cancellation later on from conventional intelligence, they were baffled as to why. The answer: Al-Zawahri had decided that a rush-hour New York subway attack was not enough of an encore to top 9/11. Al Qaeda’s “special event” strategy, Suskind wrote, requires the creation of “an upward arc of rising and terrible expectation” that is “multiplied by time passing.” The event that fits that bill after 9/11 must involve some kind of nuclear weapon.

“What are the lessons of this period?” Suskind asked when we spoke last week. “If you draw the wrong lessons, you end up embracing the wrong answers.” They are certainly not the lessons cited by Cheney. Waterboarding hasn’t and isn’t going to save us from anything. The ticking time-bomb debate rekindled by Cheney’s speech may be entertaining on “24” or cable-news food fights, but is a detour from the actual perils before the country. “What we’re dealing with is a patient foe who thinks in decades while we tend to think more in news cycles,” Suskind said. “We have to try to wrestle this fear-based debate into something resembling a reality-based discussion.”

The reality is that while the Bush administration was bogged down in Iraq and being played by Pervez Musharraf, the likelihood of Qaeda gaining access to nuclear weapons in a Taliban-saturated Pakistan was increasing by the day. We know that in the month before 9/11, bin Laden and al-Zawahri met with the Pakistani nuclear scientist Sultan Bashiruddin Mahmood. That was the real link between 9/11 and nuclear terror that the Bush administration let metastasize while it squandered American resources on a fictional link between 9/11 and a “nuclear” Saddam.

And where are we now? On the eve of Obama’s inauguration, David Sanger reported in The Times that military and nuclear experts agree that if “a real-life crisis” breaks out in Pakistan “it is unlikely that anyone would be able to assure an American president, with confidence, that he knew where all of Pakistan’s weapons were — or that none were in the hands of Islamic extremists.”

Pakistan is the time bomb. But with a push from Cheney, abetted by too many Democrats and too many compliant journalists, we have been distracted into drawing the wrong lessons, embracing the wrong answers. We are even wasting time worrying that detainees might escape from tomb-sized concrete cells in Colorado.

What we need to be doing instead, as Suskind put it, is to “build the thing we don’t have — human intelligence. We need people who are cooperating with us, who step up and help, and who won’t turn away when they see things happening. Hearts and minds — which we’ve botched — must be corrected and corrected quickly. That’s what wins the battle, not going medieval.

Labels: 9/11, Dick Cheney, incompetence, LIHOP, war crimes

This is an unbelievable moment. Dick Cheney's PR offensive over the last month actually worked. Barack Obama just crumbled and will follow Cheney's command to not release the new set of detainee abuse pictures.

By the way, if you hadn't figured it out by now, that's why you saw every Cheney in the world on television arguing that torture works and that releasing more information would gravely harm the troops. They weren't worried about what was already released; they were worried about what was going to get released. They were trying to pre-empt the most damaging thing of all - the pictures that show the torture.

Just talk about torture doesn't really do it for the American people. But when they see pictures, they get it. That's why Bush had to apologize profusely and throw a few low-level soldiers under the bus when the Abu Ghraib pictures came out. You think there would have been anywhere near that level of controversy or accountability (such that it was) without the pictures?

How many Americans have heard of Bagram Air Base and how we tortured people to death there? A scant few. How many would have heard of it if there were pictures of detainees shackled from the ceiling in a Palestinian hanging or bleeding to death? Pictures are worth a billion words.

You know why? Television! If something isn't on television, it didn't happen. And television producers are obsessed with visuals (makes some sense since it's a visual medium, but their obsession winds up dumbing down the news if there aren't any pictures or video to go along with an important story).

[snip]

The news reports will tell you that Obama listened to his generals on this. Yes, who put Gen. David Petraeus and Gen. Ray Odierno in their current positions? Oh yes, George W. Bush and Dick Cheney. Very fair and balanced advice you would get from them. This isn't about protecting the troops; it's about protecting their own behinds. They might have been in the chain of command that allowed this abuse to happen. Expecting unbiased advice from them is ridiculous.

Now, it looks to the rest of the world that we are trying to hide something, that we have not turned over a new leaf, that it is the same old lies and duplicity - and that Obama is on it. This was colossally stupid.

And to add insult to injury, we have to reconcile ourselves to the fact that Dick Cheney still runs DC no matter how unpopular and despicable he is. He still has the Democrats eating out of his hand. Pathetic. Absolutely pathetic.

n his new book, Hide and Seek: The Search for Truth in Iraq, and in an interview with The Daily Beast, Duelfer says he heard from “some in Washington at very senior levels (not in the CIA),” who thought Khudayr’s interrogation had been “too gentle” and suggested another route, one that they believed has proven effective elsewhere. “They asked if enhanced measures, such as waterboarding, should be used,” Duelfer writes. “The executive authorities addressing those measures made clear that such techniques could legally be applied only to terrorism cases, and our debriefings were not as yet terrorism-related. The debriefings were just debriefings, even for this creature.”

Duelfer will not disclose who in Washington had proposed the use of waterboarding, saying only: “The language I can use is what has been cleared.” In fact, two senior U.S. intelligence officials at the time tell The Daily Beast that the suggestion to waterboard came from the Office of Vice President Cheney. Cheney, of course, has vehemently defended waterboarding and other harsh techniques, insisting they elicited valuable intelligence and saved lives. He has also asked that several memoranda be declassified to prove his case. (The Daily Beast placed a call to Cheney’s office and will post a response if we get one.)

Without admitting where the suggestion came from, Duelfer revealed that he considered it reprehensible and understood the rationale as political—and ultimately counterproductive to the overall mission of the Iraq Survey Group, which was assigned the mission of finding Saddam Hussein’s WMD after the invasion.

“Everyone knew there would be more smiles in Washington if WMD stocks were found,” Duelfer said in the interview. “My only obligation was to find the truth. It would be interesting if there was WMD in May 2003, but what was more interesting to me was looking at the entire regime through the slice of WMD.”

But, Duelfer says, Khudayr in fact repeatedly denied knowing the location of WMD or links between Saddam’s regime and al Qaeda and was not subjected to any enhanced interrogation. Duelfer says the idea that he would have known of such links was “ludicrous".

[snip]

More than one-quarter of all footnotes in the 9/11 Report refer to CIA interrogations of al Qaeda operatives subjected to the now-controversial interrogation techniques. In fact, information derived from the interrogations was central to the 9/11 Report’s most critical chapters, those on the planning and execution of the attacks.

The NBC analysis also showed—and agency and commission staffers concur—there was a separate, second round of interrogations in early 2004, specifically conducted to answer new questions from the 9/11 Commission after its lawyers had been left unsatisfied by the agency’s internal interrogation reports.

Human-rights advocates, including Karen Greenberg of New York University Law School’s Center for Law and Security and Michael Ratner of the Center for Constitutional Rights, have said that, at the least, the 9/11 Commission should have been more suspect of the information derived under such pressure.

Commission executive director Philip Zelikow (later counselor to Secretary of State Condoleezza Rice) admitted, "We were not aware, but we guessed, that things like that were going on. We were wary…we tried to find different sources to enhance our credibility." (Zelikow testified before the Senate on Wednesday, May 13, that he had argued in a 2005 memo that some of the tactics used on suspected terrorists violated the constitutional ban on cruel and unusual punishment.)

A former senior U.S. intelligence official told me the Commission never expressed any concerns about techniques and even pushed for a second round of interrogations in early 2004, as the Commission was finishing up its work. The second round of interrogations sought by the Commission involved more than 30 separate interrogation sessions.

"Remember," the intelligence official said, "the Commission had access to the intelligence reports that came out of the interrogation. This didn't satisfy them. They demanded direct personal access to the detainees and the administration told them to go pound sand.”

"As a compromise, they were allowed to let us know what questions they would have liked to ask the detainees. At appropriate times in the interrogation cycle, agency questioners would go back and re-interview the detainees. Many of [those] questions were variants or follow-ups to stuff previously asked."

At least four operatives whose interrogation figured in the 9/11 Commission Report have claimed that they told interrogators critical information as a way to stop being "tortured." Those claims came during their hearings in the spring of 2007 at the U.S. military facility in Guantanamo Bay, Cuba.

Labels: President Barack Obama, spinelessness, Wake Me Up When It's Over, war crimes

Labels: Dick Cheney, war crimes

After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet. That does happen.

"Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command -- JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the joint chiefs of staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him. ...

"Congress has no oversight of it. It’s an executive assassination ring essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths.

"Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us.

"It’s complicated because the guys doing it are not murderers, and yet they are committing what we would normally call murder. It’s a very complicated issue. Because they are young men that went into the Special Forces. The Delta Forces you’ve heard about. Navy Seal teams. Highly specialized.

"In many cases, they were the best and the brightest. Really, no exaggerations. Really fine guys that went in to do the kind of necessary jobs that they think you need to do to protect America. And then they find themselves torturing people.

"I’ve had people say to me -- five years ago, I had one say: ‘What do you call it when you interrogate somebody and you leave them bleeding and they don’t get any medical committee and two days later he dies. Is that murder? What happens if I get before a committee?’

Labels: Bush Administration crimes, Dick Cheney, Horror, war crimes

A bipartisan panel of senators has concluded that former defense secretary Donald H. Rumsfeld and other top Bush administration officials bear direct responsibility for the harsh treatment of detainees at Guantanamo Bay, and that their decisions led to more serious abuses in Iraq and elsewhere.

In the most comprehensive critique by Congress of the military's interrogation practices, the Senate Armed Services Committee issued a report yesterday that accuses Rumsfeld and his deputies of being the authors and chief promoters of harsh interrogation policies that disgraced the nation and undermined U.S. security. The report, released by Sens. Carl M. Levin (D-Mich.) and John McCain (R-Ariz.), contends that Pentagon officials later tried to create a false impression that the policies were unrelated to acts of detainee abuse committed by members of the military.

"The abuse of detainees in U.S. custody cannot simply be attributed to the actions of 'a few bad apples' acting on their own," the report states. "The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees."

The report is the most direct refutation to date of the administration's rationale for using aggressive interrogation tactics -- that inflicting humiliation and pain on detainees was legal and effective, and helped protect the country. The 25-member panel, without one dissent among the 12 Republican members, declared the opposite to be true.

Labels: Bush Administration, Donald Rumsfeld, war crimes

Labels: Bush Administration, war crimes

In the United States, the issue of war injuries has revolved almost entirely around the care received by the 30,000 wounded American veterans. But Iraqi soldiers and police officers have been wounded in greater numbers, health workers say, and have been treated far worse by their government.

A number of the half-dozen badly wounded Iraqis interviewed for this article said they had been effectively drummed out of the Iraqi security forces without pensions, or were receiving partial pay and in danger of losing even that. Coping with severe injuries, and often amputations, they have been forced to pay for private doctors or turn to Iraq’s failing public hospitals, which as recently as a year ago were controlled by militias that kidnapped and killed patients — particularly security personnel from rival units.

No one knows the exact number of wounded Iraqi veterans, as the government does not keep track. In a 2006 report by the Congressional Research Service, Maj. Gen. Joseph Peterson, the American commander in charge of Iraqi police training, said that in just two years, from September 2004 to October 2006, about 4,000 Iraqi police officers were killed and 8,000 were wounded.

That number does not include soldiers in the Iraqi Army, who are far more numerous than the police and, Iraqi commanders say, have suffered injuries at a far greater rate.

In a February 2006 speech to the Council on Foreign Relations, the report states, Donald H. Rumsfeld, then the secretary of defense, said that Iraqi security forces were being killed and wounded at “roughly twice the rate of all coalition forces.” If that rate held up, the number of wounded Iraqi veterans might well surpass 60,000.

Iraqi government officials say that the wounded are being treated well, and that a law providing for veterans’ care is being drafted. In the interim, they said, wounded veterans will receive their full salaries from the Ministry of Defense.

“The wounded soldiers from the M.O.D. still get their salaries after the incidents, depending on the reports from the medical committees,” said a spokesman for the Defense Ministry, Staff Maj. Gen. Muhammad al-Askari. “We are waiting for the Service and Pension Law for the veterans from the Iraqi Parliament, but they still get paid during that time.”

The veterans interviewed for this article disputed General Askari’s statement and said they were paid only a small fraction of their salaries, or nothing at all. They described the government’s treatment of them as at best indifferent and at worst vindictive.

• Suggesting that VA doctors avoid making a diagnosis of PTSD in order to save disability pay
  
• Opposing the GI Bill unless it's pegged to a long period of service. A Pentagon spokesman suggested six years.
  
• Treating returning veterans like this:
  
  

Labels: Bush Administration, The Iraq invasion and occupation, war crimes

The Bush administration has launched a "significant escalation" of covert operations in Iran, sending U.S. commandos to spy on the country's nuclear facilities and undermine the Islamic republic's government, journalist Seymour Hersh said Sunday.

White House, CIA and State Department officials declined comment on Hersh's report, which appears in this week's issue of The New Yorker.

Hersh told CNN's "Late Edition with Wolf Blitzer" that Congress has authorized up to $400 million to fund the secret campaign, which involves U.S. special operations troops and Iranian dissidents.

President Bush and Vice President Dick Cheney have rejected findings from U.S. intelligence agencies that Iran has halted a clandestine effort to build a nuclear bomb and "do not want to leave Iran in place with a nuclear program," Hersh said.

"They believe that their mission is to make sure that before they get out of office next year, either Iran is attacked or it stops its weapons program," Hersh said.

The new article, "Preparing the Battlefield," is the latest in a series of articles accusing the Bush administration of preparing for war with Iran.

He based the report on accounts from current and former military, intelligence, and congressional sources. Watch Hersh discuss what he says are the administration's plans for Iran

"As usual with his quarterly pieces, we'll decline to comment," White House spokesman Gordon Johndroe told CNN.

“The Finding was focussed on undermining Iran’s nuclear ambitions and trying to undermine the government through regime change,” a person familiar with its contents said, and involved “working with opposition groups and passing money.” The Finding provided for a whole new range of activities in southern Iran and in the areas, in the east, where Baluchi political opposition is strong, he said.

Although some legislators were troubled by aspects of the Finding, and “there was a significant amount of high-level discussion” about it, according to the source familiar with it, the funding for the escalation was approved. In other words, some members of the Democratic leadership—Congress has been under Democratic control since the 2006 elections—were willing, in secret, to go along with the Administration in expanding covert activities directed at Iran, while the Party’s presumptive candidate for President, Barack Obama, has said that he favors direct talks and diplomacy.

The request for funding came in the same period in which the Administration was coming to terms with a National Intelligence Estimate, released in December, that concluded that Iran had halted its work on nuclear weapons in 2003. The Administration downplayed the significance of the N.I.E., and, while saying that it was committed to diplomacy, continued to emphasize that urgent action was essential to counter the Iranian nuclear threat. President Bush questioned the N.I.E.’s conclusions, and senior national-security officials, including Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice, made similar statements. (So did Senator John McCain, the presumptive Republican Presidential nominee.) Meanwhile, the Administration also revived charges that the Iranian leadership has been involved in the killing of American soldiers in Iraq: both directly, by dispatching commando units into Iraq, and indirectly, by supplying materials used for roadside bombs and other lethal goods. (There have been questions about the accuracy of the claims; the Times, among others, has reported that “significant uncertainties remain about the extent of that involvement.”)

[snip]

Senior Democrats in Congress told me that they had concerns about the possibility that their understanding of what the new operations entail differs from the White House’s. One issue has to do with a reference in the Finding, the person familiar with it recalled, to potential defensive lethal action by U.S. operatives in Iran. (In early May, the journalist Andrew Cockburn published elements of the Finding in Counterpunch, a newsletter and online magazine.)

The language was inserted into the Finding at the urging of the C.I.A., a former senior intelligence official said. The covert operations set forth in the Finding essentially run parallel to those of a secret military task force, now operating in Iran, that is under the control of JSOC. Under the Bush Administration’s interpretation of the law, clandestine military activities, unlike covert C.I.A. operations, do not need to be depicted in a Finding, because the President has a constitutional right to command combat forces in the field without congressional interference.

The defensive-lethal language led some Democrats, according to congressional sources familiar with their views, to call in the director of the C.I.A., Air Force General Michael V. Hayden, for a special briefing. Hayden reassured the legislators that the language did nothing more than provide authority for Special Forces operatives on the ground in Iran to shoot their way out if they faced capture or harm.

The legislators were far from convinced. One congressman subsequently wrote a personal letter to President Bush insisting that “no lethal action, period” had been authorized within Iran’s borders. As of June, he had received no answer.

On March 15, 2005, David Obey, then the ranking Democrat on the Republican-led House Appropriations Committee, announced that he was putting aside an amendment that he had intended to offer that day, and that would have cut off all funding for national-intelligence programs unless the President agreed to keep Congress fully informed about clandestine military activities undertaken in the war on terror. He had changed his mind, he said, because the White House promised better coöperation. “The Executive Branch understands that we are not trying to dictate what they do,” he said in a floor speech at the time. “We are simply trying to see to it that what they do is consistent with American values and will not get the country in trouble.”

Obey declined to comment on the specifics of the operations in Iran, but he did tell me that the White House reneged on its promise to consult more fully with Congress. He said, “I suspect there’s something going on, but I don’t know what to believe. Cheney has always wanted to go after Iran, and if he had more time he’d find a way to do it. We still don’t get enough information from the agencies, and I have very little confidence that they give us information on the edge.”

None of the four Democrats in the Gang of Eight—Senate Majority Leader Harry Reid, House Speaker Nancy Pelosi, Senate Intelligence Committee chairman John D. Rockefeller IV, and House Intelligence Committee chairman Silvestre Reyes—would comment on the Finding, with some noting that it was highly classified. An aide to one member of the Democratic leadership responded, on his behalf, by pointing to the limitations of the Gang of Eight process. The notification of a Finding, the aide said, “is just that—notification, and not a sign-off on activities. Proper oversight of ongoing intelligence activities is done by fully briefing the members of the intelligence committee.” However, Congress does have the means to challenge the White House once it has been sent a Finding. It has the power to withhold funding for any government operation. The members of the House and Senate Democratic leadership who have access to the Finding can also, if they choose to do so, and if they have shared concerns, come up with ways to exert their influence on Administration policy. (A spokesman for the C.I.A. said, “As a rule, we don’t comment one way or the other on allegations of covert activities or purported findings.” The White House also declined to comment.)

A member of the House Appropriations Committee acknowledged that, even with a Democratic victory in November, “it will take another year before we get the intelligence activities under control.” He went on, “We control the money and they can’t do anything without the money. Money is what it’s all about. But I’m very leery of this Administration.” He added, “This Administration has been so secretive.”

Labels: Bush Administration, corporatism, corruption, Democrats, habeas corpus, insanity, Iran, police state, rant, spinelessness, war crimes, warmongering

In his 2004 report on Abu Ghraib, then-Major General Anthony Taguba concluded that "numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees." He called the abuse "systemic and illegal." And, as Seymour M. Hersh reported in the New Yorker, he was rewarded for his honesty by being forced into retirement.

Now, in a preface to a Physicians for Human Rights report based on medical examinations of former detainees, Taguba adds an epilogue to his own investigation.

The new report, he writes, "tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual's lives on their bodies and minds. Our national honor is stained by the indignity and inhumane treatment these men received from their captors.

"The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. Through the experiences of these men in Iraq, Afghanistan, and Guantanamo Bay, we can see the full-scope of the damage this illegal and unsound policy has inflicted --both on America's institutions and our nation's founding values, which the military, intelligence services, and our justice system are duty-bound to defend.

"In order for these individuals to suffer the wanton cruelty to which they were subjected, a government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. The UN Convention Against Torture was indiscriminately ignored. . . .

In the piece quoted above, Dan Froomkin refers to this series of investigative reports by McClatchy newspapers -- a series that you must take the time to read. It is a devastating indictment of not just the Administration that perpetrated these crimes against humanity, but also of all of us. It's an indictment of a cowardly legislative branch that refuses to exercise its oversight role because its members are afraid of what a media that worships the bellicose hypermacho of the Bush Administration would say. It's an indictment of a frightened American population, too many of whom have applauded the torture in the name of retribution for 9/11. And it's an indictment of thosse of us who have been decrying torture since the beginning -- because we've been so spectacularly ineffective in somehow getting those whose job it is to put the brakes on this bunch of psychopaths that not looking the other way at these crimes is the right thing to do -- no matter what Chris Matthews says.

Labels: Bush Administration, torture, war crimes

Some contend that imposing criminal liability for acts performed in the heat of combat is wrong and that we can’t hold the administration to 20/20 hindsight. But we know these acts were not spontaneous, but part of a premeditated pattern of legal manipulation dating back years. At least since 2002, President Bush, Attorney General Gonzales and possibly others including the Vice President knew that torture and detainee mistreatment entailed criminal liability, which they sought to defuse with novel legal theories and retroactive suspensions of established law.

In a February 2002 memo, then White House counsel Alberto Gonzales warned President Bush about exposure to criminal liability under the War Crimes Act, mentioning the danger that future independent counsels or prosecutors might seek to enforce the law (they generally prosecute top government officials, including presidents). He therefore recommended opting out of the Geneva Conventions, famously calling them “obsolete.” His theory was that if the Conventions didn’t apply, then the War Crimes Act wouldn’t apply, so no prosecutions could be brought. The President accepted Gonzales’ theory and suspended the Conventions ’s protections for suspected Al Qaeda detainees.

But in June 2006 the Supreme Court rejected this theory and held the Geneva Conventions applicable to the treatment of all detainees, leaving the President open to liability for violating the War Crimes Act. So in October 2006 the White House effectively pardoned itself by slipping a little-noticed provision into the Military Tribunals Act, conferring effective immunity from the War Crimes Act on high-level officials by making it retroactively inoperative, from 1996 to 2006. Public attention was focused on habeas corpus and other controversial provisions in the bill, so it passed more or less unscrutinized.

Still, holes remain in the legal barricades the Bush administration has tried to erect around itself. Even if immunity from prosecution under the War Crimes Act stands, it only applies through 2006, not for mistreatment of detainees after that. And the 1994 anti-torture law applies throughout.

As Attorney General, Mr. Mukasey can try to plug these holes. He may shield President Bush and others from criminal liability; he may resist appointing an independent prosecutor to investigate White House actions. But he cannot, as the 2002 Gonzales memo recognized, tie the hands of future prosecutors. In lethal cases our anti-torture laws have no statute of limitations. Sooner or later, those who violated US law will be held accountable to them, if not by Mukasey, then by some future AG.

Labels: George W. Bush, war crimes

The presidency of George W. Bush has now devolved into a criminal conspiracy to cover the ass of George W. Bush.

All the petulancy, all the childish threats, all the blank-stare stupidity;

All the invocations of World War Three, all the sophistic questions about which terrorist attacks we wanted him not to stop, all the phony secrets; all the claims of executive privilege, all the stumbling tap-dancing of his nominees, all the verbal flatulence of his apologists…

All of it is now — after one revelation last week — transparently clear for what it is: the pathetic and desperate manipulation of the government, the re-focusing of our entire nation, towards keeping this mock president, and this unstable vice president, and this departed wildly self-over-rating Attorney General — and the others — from potential prosecution for having approved or ordered the illegal torture of prisoners being held in the name of this country.

A senior Justice Department official, charged with reworking the administration's legal position on torture in 2004 became so concerned about the controversial interrogation technique of waterboarding that he decided to experience it firsthand, sources told ABC News.

Daniel Levin, then acting assistant attorney general, went to a military base near Washington and underwent the procedure to inform his analysis of different interrogation techniques.

After the experience, Levin told White House officials that even though he knew he wouldn't die, he found the experience terrifying and thought that it clearly simulated drowning.

Levin, who refused to comment for this story, concluded waterboarding could be illegal torture unless performed in a highly limited way and with close supervision. And, sources told ABC News, he believed the Bush Administration had failed to offer clear guidelines for its use.

The administration at the time was reeling from an August 2002 memo by Jay Bybee, then the head of the Office of Legal Counsel, which laid out possible justifications for torture. In June 2004, Levin's predecessor at the office, Jack Goldsmith, officially withdrew the Bybee memo, finding it deeply flawed.

When Levin took over from Goldsmith, he went to work on a memo that would effectively replace the Bybee memo as the administration's legal position on torture. It was during this time that he underwent waterboarding.

In December 2004, Levin released the new memo. He said, "Torture is abhorrent" but he went on to say in a footnote that the memo was not declaring the administration's previous opinions illegal. The White House, with Alberto Gonzales as the White House counsel, insisted that this footnote be included in the memo.

But Levin never finished a second memo imposing tighter controls on the specific interrogation techniques. Sources said he was forced out of the Justice Department when Gonzales became attorney general.

If President Bush wanted to make sure the Justice Department did not rebel again, Mr. Gonzales was the ideal choice. As White House counsel, he had been a fierce protector of the president’s prerogatives. Deeply loyal to Mr. Bush for championing his career from their days in Texas, Mr. Gonzales would sometimes tell colleagues that he had just one regret about becoming attorney general: He did not see nearly as much of the president as he had in his previous post.

Among his first tasks at the Justice Department was to find a trusted chief for the Office of Legal Counsel. First he informed Daniel Levin, the acting head who had backed Mr. Goldsmith’s dissents and signed the new opinion renouncing torture, that he would not get the job. He encouraged Mr. Levin to take a position at the National Security Council, in effect sidelining him.

Labels: George W. Bush, war crimes

Iraqi investigators have a videotape that shows Blackwater USA guards opened fire against civilians without provocation in a shooting last week that left 11 people dead, a senior Iraqi official said Saturday. He said the case was referred to the Iraqi judiciary.

Iraq's president, meanwhile, demanded that the Americans release an Iranian arrested this week on suspicion of smuggling weapons to Shiite militias. The demand adds new strains to U.S.-Iraqi relations only days before a meeting between President Bush and Iraq's Prime Minister Nouri al-Maliki.

Interior Ministry spokesman Maj. Gen. Abdul-Karim Khalaf said Iraqi authorities had completed an investigation into the Sept. 16 shooting in Nisoor Square in western Baghdad and concluded that Blackwater guards were responsible for the deaths.

He told The Associated Press that the conclusion was based on witness statements as well as videotape shot by cameras at the nearby headquarters of the national police command. He said eight people were killed at the scene and three of the 15 wounded died in hospitals.

Blackwater, which provides most of the security for U.S. diplomats and civilian officials in Iraq, has insisted that its guards came under fire from armed insurgents and shot back only to defend themselves.

Blackwater spokeswoman Anne Tyrrell said Saturday that she knew nothing about the videotape and was contractually prohibited from discussing details of the shooting.

Khalaf also said the ministry was looking into six other fatal shootings involving the Moyock, N.C.-based company in which 10 Iraqis were killed and 15 wounded. Among the shootings was one Feb. 7 outside Iraqi state television in Baghdad that killed three building guards.

"These six cases will support the case against Blackwater, because they show that it has a criminal record," Khalaf said.

Labels: Blackwater, Iraq, war crimes

Labels: Bush Administration, Gitmo, human rights, war crimes