Eric Holder, Assistant to Attorney General Lindsey Graham, continues to puzzle over who, if anyone, should be brought to justice over mountains of evidence and allegations of torture. The chief difficulty that continues to stymie Holder is the problem of credit assignment. Who in the world can he possibly indict? And where the heck in the complex and confusing chain of command would one begin? If only some whistle-blower had the courage of his convictions to step forward and start naming names, to heck with the reprisals and damn the torpedoes, that would make Holder's daunting problem that much easier.
The Justice Department's OIG released its semiannual report recently. Curiously, only Raw Story had anything much to say about it. Their story is here: http://rawstory.com/2009/12/ju...
Their story focused on Bush era wrongs being why the DOJ's image is tarnished. That WAS true, but if you want to reverse counrse on something, you should first on the brakes.
Top Management and Performance Challenges
The OIG has created a list of top management and performance challenges in the Department annually since 1998, initially in response to congressional requests but in recent years as part of the Department's annual Performance and Accountability Report.
The OIG's top challenges for this year are listed below. Many of the challenges from last year's list remain and are long-standing, difficult challenges that will not be solved quickly or easily. However, we removed the challenges of "Violent Crime" and "Cyber Crime" from the 2008 list, and added the new challenges of "Recovery Act Funding and Oversight" and "Financial Crimes."
Top Management and Performance Challenges in the Department of Justice - 2009
1. Counterterrorism
2. Restoring Confidence in the Department of Justice 3. Recovery Act Funding and Oversight
4. Civil Rights and Civil Liberties 5. Financial Crimes
6. Sharing of Intelligence and Law Enforcement Information
7. Grant Management
8. Detention and Incarceration
9. Information Technology Systems Planning, Implementation, and Security
10. Financial Management
Raw Story noted that the DOJ rocketed "restoring confidence in the DOJ" to #2 over all, and its multiple problems with Bush era holdovers and corruption.
But all I saw was the irony between challenge # 2 and challenge #4.
"I will promise you this, that if we have not gotten our troops out by the time I am president, it is the first thing I will do. I will get our troops home. We will bring an end to this war. You can take that to the bank."
Now if challenged on that he would probably say he was referring to Iraq, but I think that most people hearing his campaign pledges understood Iraq and Afghanistan to be an indivisible projection of military power, and took Obama at his word, expecting that he was an honest man making an honest pledge.
I originally posted the following video interview with Howard Zinn back on April 10, 2009 following the then recent revelations of President Obama's DOJ under Eric Holder betraying Obama's campaign promises to instead embrace the Bush administrations claims for immunity and "states secrets" in the case of clear FISA violations and illegal wiretapping.
In part three of what was a series of interviews, historian, political scientist, social critic, activist, author and playwright Professor Howard Zinn talks here with Real News CEO Paul Jay about why so many people seem to be convinced that Obama is anything more than what he appears to be given his actions and policies implemented since inauguration, and about how to create a mass popular movement to pressure Obama for progressive results in a supportive way, and concludes that social turmoil is not only not bad but necessary if it leads to something good in the sense of creating real change.
Real News - April 10, 2009 Send a message to Obama
Howard Zinn: Social turmoil is not bad if it leads to something good
I, (name), do solemnly swear (or affirm) that I willsupport and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
The above says it All, whether policy of orders given to invade and occupy others are wrong or right, service in our Military means just what is said by those taking the oath of Military Service to Support and Defend the Constitution of the United States!
It IS torture, hell I can't stand more than 20 seconds of it.
Of course, forcing people to listen to loud music for days on end is NOT the worst War Crime committed by Bush/Cheney, but it IS a War Crime nontheless by Geneva Standards.
Well, it looks like Rage Against The Machine, Pearl Jam and many other musicians are DEMANDING accountability on torture, as far as their artistic contribution to it is concerned.
Some of the more famous names in the music industry are formally lending their prestige to an effort being led by retired generals, progressive groups and a former member of Congress to shut GITMO down. The list includes Trent Reznor of Nine Inch Nails, Tom Morello of Rage Against the Machine, R.E.M., Pearl Jam, Jackson Browne, Rise Against, Rosanne Cash, Billy Bragg and the Roots, all of whom are joining the broader National Campaign to Close Guantanamo which was launched earlier in the week.
Hoping to cast further light on the potential illegalities that took place at the detention facility, the group is also working to obtain records about why and how music was used (under laws authorized by the Bush administration) to effectively torture suspected terrorists. The musicians have officially endorsed a Freedom of Information Act request for the declassification of all secret government records pertaining to music utilized during interrogations. At least two members of the coalition, Reznor and Morello, have had their music linked to interrogations.
"Guantanamo is known around the world as one of the places where human beings have been tortured -- from water boarding, to stripping, hooding and forcing detainees into humiliating sexual acts -- playing music for 72 hours in a row at volumes just below that to shatter the eardrums," said Morello, in a statement provided by the NCCG. "Guantanamo may be Dick Cheney's idea of America, but it's not mine. The fact that music I helped create was used in crimes against humanity sickens me -- we need to end torture and close Guantanamo now."
In a startling article at huffingtonpost.com by Andy Worthington, author of "The Guantanamo Files", puts together an absolute must read in my opinion.
False confessions obtained through torture
The judge also noted the significance of the evidence in the record indicating that al-Rabiah "subsequently confided in interrogators [redacted] that he was being pressured to falsely confess to the allegations discussed above," and also the significance of the fact that, although "al-Rabiah's interrogators ultimately extracted confessions from him," they "never believed his confessions based on the comments they included in their interrogation reports."
After noting -- again with a palpable sense of incredulity -- that "These are the confessions that the Government now asks the Court to accept as evidence in this case," Judge Kollar-Kotelly proceeded to demolish them all . . .
Two weeks ago, on 9/15/09, a few good men, actual Marines, told chickenhawks Ex VP Daddy Cheney and his Brat Daughter, who have never served in the military, to STFU, cause your not helping.
Former Marine commandant Charles Krulak and former Marine general Joseph Hoar, who succeeded Schwarzkopf at Central Command, dress(es) down former VP Cheney on the issue of torture.
"... we never imagined that we would feel duty-bound to publicly denounce a vice president of the United States, a man who has served our country for many years. In light of the irresponsible statements recently made by former Vice President Dick Cheney, however, we feel we must repudiate his dangerous ideas -- and his scare tactics."
~snip~
"What leaders say matters. So when it comes to light, as it did recently, that U.S. interrogators staged mock executions and held a whirling electric drill close to the body of a naked, hooded detainee, and the former vice president winks and nods, it matters."
We have served as Directors of Central Intelligence or Directors of the CIA for Presidents reaching back over 35 years. We respectfully urge you to exercise your authority to reverse Attorney General Holder's August 24 decision to re-open the criminal investigation of CIA interrogations that took place following the attacks of September 11.
~snip~
Attorney General Holder's decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute. Moreover, there is no reason to expect that the re-opened criminal investigation will remain narrowly focused.
bold and italic added by diarist
The last line is especially important in my opinion, as it proves Special Prosecutor John Durham and Attorney General Eric Holder may be taking this investigation all the way to the top, as they are required to do under the Constitution and International Law.
Thankfully, long gone are the days when the CIA could lie with impunity and the DoJ was not independant, but a political tool of the Executive branch. I guess the CIA misses the good ole days of Bush/Cheney.
Good thing those days are not coming back any time soon.
The letter was signed by former CIA directors Michael Hayden and Porter Goss, who worked for President George W. Bush; John Deutch and James Woolsey, who served during the Clinton administration; George Tenet, who worked for both President George W. Bush and President Clinton; William Webster, who served under President George H.W. Bush; and James Schlesinger, who headed the agency during the Nixon administration.
The only names of living CIA heads who have not signed are Ex President George H.W. Bush and current Secretary of Defense Robert Gates.
I'd say that it's safe to say that when Clinton and George W. Bush appointees oppose this investigation it can't be considered a witch hunt. I'd also say that it is safe to say that when the head of the CIA under Nixon opposes something, you are doing the right thing.
The full letter to the President plus analysis below the fold.
Lets talk about torture for a few minutes, shall we? The Dog hears the groans out there, and yeah, he gets that this is an icky subject, but even in our digital age where it is easy to find content you like and ignore the stuff you don't, there are some things you should not look away from. Torture is one of them. However just because torture is horrible does not mean there is not a place for mockery in our pursuit of accountability to the rule of law! Follow the Dog below the flip for more details.
Memo: Attach Bush to torture = make them defend both.
Though Morning Joe doesn't say Bush's name, I think we should, and Democrats will use this to pursue justice and Destroy the GOP. I consider it a great instance of killing two birds with one stone.
Republicans will say this will damage the President's popularity in polls, they will justify and lie and say anything to avoid owning this issue, but the fact is that the law was broken, and I believe this is the beginning of a well timed plan to get the ball rolling now, and then use it against the GOP for maximum effect.
Amid reports that Panetta had threatened to quit just seven months after taking over at the spy agency, other insiders tell ABCNews.com that senior White House staff members are already discussing a possible shake-up of top national security officials.
"You can expect a larger than normal turnover in the next year," a senior adviser to Obama on intelligence matters told ABCNews.com.
Now, this is the key part of the news, because I do not think a 1/4 of the GOP Senate would put their necks out to save some no-name underlings.
I think this is going all the way to the top, and, in my new found attempt to look at things in a glass half full view.
Therefore, I give you my belief, as of now, that the ball is now rolling, it will build and build, and by the summer of 2010 going into 2012, America WILL lead to Bush and Cheney themselves.
Well, it looks as though we will be getting half a loaf today in regards to torture accountability. The Washington Post is reporting that Attorney General Eric Holder is going to appoint a Special Prosecutor to investigate about 12 instances where intelligence agents and contractors appear to have exceeded the guidance of the spurious Bybee and Yoo Torture Memo's. While this is a good thing in and of itself, it is not really a good thing for long term torture accountability. Come on below the flip and the Dog will lay out why we should not get too excited about this.
Happy Monday and welcome to the Dog's ongoing letter writing campaign for accountability to the rule of law for the apparent Bush Administration State Sponsored Torture program. For those playing our home game, the way this works is every Monday the Dog writes a letter to decision makers urging them to take action under our legal obligations, both Federal and International, to investigate and where evidence of criminality exists prosecute those who ordered, those who justified and those who carried out torture in the name of the United States of America. You get involved by either cut and pasting the letter to the links the Dog provides, or writing your own letter based on this weeks ideas.
The opening of this article in the Los Angeles Times seems promising. Almost exciting!
Reporting from Washington -- U.S. Atty. Gen. Eric H. Holder Jr. is poised to appoint a criminal prosecutor to investigate alleged CIA abuses committed during the interrogation of terrorism suspects, current and former U.S. government officials said.
Wow! Could it be the breakthrough for which we've been hoping?
A senior Justice Department official said that Holder envisioned an inquiry that would be narrow in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws.
Remind anyone of the Abu Ghraib investigation? Focusing on the lower ranking officials- making them the fall guys and gals- while allowing the people actually responsible to go free? Because this isn't just a question of what the CIA officers did, this is a question of whether they were authorized by top level government officials to commit war crimes. Like by the president. And the vice president. And the secretary of defense. And the national security advisor. And the White House counsel, who became the attorney general. And the director of the CIA. And others.
Which would be a war crime. But as the Times article continues:
Obama and Holder have both said that they believe waterboarding constitutes torture. But an investigation would pose thorny political problems for the administration, and probably draw criticism over questions of fairness.
"An investigation that focuses only on low-ranking operators would be, I think, worse than doing nothing at all," said Tom Malinowski, Washington advocacy director for Human Rights Watch.
Happy Monday and welcome to the Dog's ongoing letter writing campaign for accountability for the Bush Era State Sponsored Torture program. The premise of this campaign is to write decision makers every Monday urging them to do the right thing in terms of our international treaty obligations and our Federal statutes. This means to investigate the enormous amount of prima facie evidence and where warranted by the evidence, to prosecute. The Dog writes a letter every week, which you, the activist, can either cut and paste or use as the jumping off point for your own letter.
We are about to learn exactly what was going on and where under the Bush/Cheney "Extra-ordinary" rendition program.
Lawyers for Binyam Mohamed, who spent some seven years in US custody, five of them at Guantanamo, say that Jeppesen UK, a subsidiary of Boeing, has agreed to the presentation of evidence about the "ghost flights" it allegedly operated for the CIA - off-the-grid private jets that transferred terrorist suspects to sites where they would be tortured.
Binyam Mohamed, if you recall, had his genitals mutilated by either the CIA or one of the host countries where he was tortured.
Mutilating genitals.
What could possibly justify genital mutilation, or even the torture program itself? It's not like the Bush/Cheney Administration was above bald faced lying to us. In my opinion they did it because they can.
House Judiciary Committee Chairman John Conyers has called on Attorney General Eric Holder to open a criminal investigation into the misdeeds of former president George W. Bush and former vice president Richard B. Cheney.
Holder, in turn, has now called on Conyers to open impeachment proceedings against former head of the Office of Legal Council Jay Bybee, now a judge in the Ninth Circuit.
Conyers, in response, has demanded that Holder open a complete investigation of 14 different areas of criminal enterprise and appoint an independent counsel, offering a list of eight possible candidates.
Holder, in reply, has insisted that Conyers reissue all of the subpoenas his committee has failed to enforce over the past two and a half years and use the Capitol Police to enforce them at once.
In response, Conyers' office has issued a new report on the need to weed out corruption and undo politically motivated prosecutions by the U.S. Department of Justice.
This morning, the attorney general remarked at a televised press conference, "Chairman Conyers proposed five months ago to extend to 10 years the statutes of limitations on crimes allegedly committed under the previous administration. Introducing a bill might be a way to begin making that happen. Just an idea. I'm no expert."
Surprisingly, John Conyers removed a large Easter bonnet that had been disguising him, stood up in the back of the room and shouted: "Mr. Attorney General, the former vice president of the United States confesses to authorizing torture every time he leaves his house. You are required by law to indict him. Are you waiting for Marc Rich's permission?"
Larry King had James Carville and Liz Cheney on last night and the video of Rep. Mike Castle's batshit insane constituents at the recent town hall came up. After playing the video where the woman shouts "I want my country white back!", Larry says "That Lady is ticked" and then asks Carville "What do you think of this?"
Watch the video, transcript and batshit wingnut potential war criminal interpretation follows below.
Also, Attorney General Eric Holder's contact info is posted below. If you REALLY want Liz Cheney to STFU, put her daddy on trial for war crimes.