Keeping the pressure on the DoJ as well as John Yoo. CREW continues to get to all that is there or possibly destroyed as our Government joined those we Condemn in Torture and Human Rights violations. Not only leaving our Military Troops wide open to the same leaving us with no ability to condemn nor brings charges on the World Court venue, but opening up same for our own citizens anywhere with same results!
It also greatly weaken our National Security as it was one more of the many Failed Policies, of the previous decade, that has created greater hatreds, not just as to our government done clandestine but also the citizens of our country as we all share the guilt of those policies and leave that wide open with no accountability for crimes committed by those who approved and ordered!
Yesterday afternoon, former Republican Congressman and 2008 Libertarian presidential candidate Bob Barr had the audacity to say, "Waterboarding is torture." The reason it took audacity is that he was at CPAC, the annual Conservative Political Action Conference. He was promptly booed.
Instead of adhering to the Constitution or the Geneva Conventions, conservative ideological leaders and Republican leaders have decided to shoot for political expediency, stubbornness, and sadism.
two Department of Justice anonymous sources said that a Senior DOJ official who finalized an Office of Professional Responsibility report, changed the assessment of the torture memo's creator's Jay Bybee and John Yoo's behavior to "poor judgement."
But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed "poor judgment," say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action-which, in Bybee's case, could have led to an impeachment inquiry.
/snip
Two of the most controversial sections of the 2002 memo-including one contending that the president, as commander in chief, can override a federal law banning torture-were not in the original draft of the memo, say the sources. But when Michael Chertoff, then-chief of Justice's criminal division, refused the CIA's request for a blanket pledge not to prosecute its officers for torture, Yoo met at the White House with David Addington, Dick Cheney's chief counsel, and then-White House counsel Alberto Gonzales. After that, Yoo inserted a section about the commander in chief's wartime powers and another saying that agency officers accused of torturing Qaeda suspects could claim they were acting in "self-defense" to prevent future terror attacks, the sources say. Both legal claims have long since been rejected by Justice officials as overly broad and unsupported by legal precedent.
John Yoo, a graduate of Harvard and Yale law school, who clerked for SC Justice Clarence Thomas, and served as a torture enabler in the Bush administration at the Dept of Justice from 2001 to 2003, is currently a law professor at the University of CA at Berkeley. http://www.law.berkeley.edu/ph...
Jay Bybee, a graduate of Brigham Young University and BYU's J Reuben Clark Law School, helped John Yoo write the torture rationalization memos for President Bush during his Dept of Justice Office of Legal Counsel tenure from 2001 to 2003. Bybee currently serves on the US Court of Appeals of the Ninth Circuit. http://www.fjc.gov/servlet/tGe...
It is not known at the current time when they will be displaying "poor judgement" again, nor how many fatalities might result.
I have recently been calling for a large social movement (or, more realistically, an expansion of the social movements for justice already in existence) and here are a few ways we can all get started on being part of this movement.
(Included: Cindy Sheehan's thoughts on recent events and a list of upcoming action events you can get involved with.)
Obama administration saying federal law does not allow damage claims against lawyers who advise the president on national security issues. While I do not know if that is actually the case, or should be, in the absence of criminal charges not being brought for the last 5 plus years, is there any hope left that Yoo will face justice for his actions?
Yoo was represented by the DOJ, and now being defended at taxpayer expense by attorney, Miguel Estrada, who says the case interfered with presidential war making authority and threatened to "open the floodgates to politically motivated lawsuits" against government officials.
While the Office of Professional Responsibility has been investigating Yoo's advice to former President George W. Bush since 2004, which according to the WH has the power to recommend professional discipline or even criminal prosecution, and of course it is now the end of 2009 without action!
The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.
In the current lawsuit, Jose Padilla, now serving a 17-year sentence for conspiring to aid Islamic extremist groups, accuses Yoo of devising legal theories that justified what he claims was his illegal detention and abusive interrogation. The Justice Department represented Yoo until June, when a federal judge in San Francisco ruled that the suit could proceed. The department then bowed out, citing unspecified conflicts, and was replaced by a government-paid private lawyer. Yoo's new attorney, Miguel Estrada, argued for dismissal in a filing last month, saying the case interfered with presidential war-making authority and threatened to "open the floodgates to politically motivated lawsuits" against government officials. The Justice Department's filing Thursday endorsed the request for dismissal but offered narrower arguments, noting its continuing investigation of Yoo.
I wonder if the Philadelphia Inquirer will start printing opinion pieces by Charles Taylor or Robert Mugabe soon. Probably not, because their crimes were committed in Africa, at a safe distance from the editors' board room, where the editors can comfortably judge these war criminals' actions. They aren't intellectuals who justified torture of prisoners in America, like John Yoo.
In any case, they're printing Yoo's op-ed pieces now. They are giving credibility to him and destroying their own credibility. And, surprise, today John Yoo is saying that there's no real reason to try Khalid Sheikh Mohammed in a federal court in New York City.
I know our fellow dharma bum Edger already covered this, but I wanted to keep the story alive and enjoy the celebration of the rule of law
From September 8, 2009
A Spanish judge has decided to go ahead with the prosecution of six Bush administration lawyers - including former Attorney General Alberto Gonzales - who were the architects of the legal framework for President George W. Bush "enhanced interrogation" program, according to a report in the Spanish newspaper Publico. (Original article here; Google translation here.)
The six Bush administration alumni targeted in the prosecution are former Attorney General Alberto Gonzales; John Yoo, author of the "torture memos"; Douglas Feith, then a deputy defense secretary; Pentagon lawyer William Haynes II; former assistant attorney general Jay Bybee; and David Addington, a former chief of staff to then-Vice President Dick Cheney.
~snip~
. . . Holder's investigation will be limited to instances where interrogators overstepped the boundaries set out by Bush lawyers for "enhanced interrogation." By contrast, the Spanish case challenges the legality of the entire program.
Sometimes people can be too smart for their own good.
According to recent news stories (see Spencer Ackerman's article in the Washington Independent), the Obama administration task force on interrogations is likely to recommend "small, mixed-agency teams for interviewing the most important terrorist targets." Moreover, according to former Deputy Attorney General and Intelligence Science Board member Philip Heymann:
... interrogators from across the military, CIA, and FBI, would be charged with creating a "syllabus" of best interrogation practices that fall within the boundaries of the U.S. Army Field Manual on Interrogations, which complies with the Geneva Conventions.
A new draft Department of Justice report, not yet approved by Attorney General Eric Holder, is recommending that Bush administration torture memo authors Jay Bybee, John Yoo, and Steven Bradbury not be prosecuted, but will apparently ask for disciplinary reprimands and/or disbarment by state bar associatons.
"The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask that state bar associations consider possible disciplinary action, including reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said," reported the New York Times.
"The conclusions of the 220-page draft report are not final and have not yet been approved by Attorney General Eric H. Holder Jr. The officials said it is possible the final report might be subject to revision, but they did not expect major alterations in its main findings or recommendations."
"Lawyers familiar with the process said the department's willingness-as recently as this week-to solicit responses from the former officials indicated that there were no plans to conduct a criminal investigation," reported Politico. 'They don't let you comment if they're going to refer you for prosecution,' said one former Justice Department official, who asked not to be named."
So now we have vented, we were appalled at the evil of the Bybee memo and the other memos justifying state sponsored torture of prisoners. Here on the internet our outrage has flared and been shared. This is an important aspect as we must make it clear how seriously the people of the Untied States take this issue, but now it is time to pull back a little. Now it might sound funny for the Dog to be saying this especially after the letter he wrote to the President yesterday, but let the old hound explain a little and you will see where he is going.
Reading the just released August 1, 2002 memo by John Yoo (reportedly ghosting for Jay Bybee, then Assistant Attorney General of the United States, and now an Appeals Court Judge for the Ninth Circuit), to John Rizzo, then Acting General Counsel for the CIA, on the interrogation of Abu Zubaydah, is a surreal experience. There is so much that is strange and awful in it, it's hard to know where to begin.
But one thing that struck me right off the bat was the similarity of the statistics presented in the early part of the memo with the statement of Dr. Jerald Ogrisseg, a psychologist with Joint Personnel Recovery Agency, United States Joint Forces Command, before the Senate Committee on Armed Services on June 17, 2008.
If the president releases the Bush torture memos, Republicans are promising to "go nuclear" and filibuster his legal appointments. Scott Horton reports on a serious threat to Obama's transparency.
As we all know, the appointment of Dawn Johnsen, as chief of the office of Legal Counsel in the Department of Justice, has been held up for quite some time now.
Until recently, the Justice Department's Office of Legal Counsel, often considered the "brains" of the department, has been known mostly to legal experts. But for the past eight years, it was the epicenter of allegations of political manipulation and, worse, the source of infamous memoranda on torture. In tapping Eric Holder as attorney general, President Obama has promised to restore standards of professionalism to the department. For Republicans, this is tantamount to a declaration of partisan war
The real reason for their vehement opposition is that Johnsen is committed to overturning the Bush administration's policies on torture and warrantless surveillance that would clip the wings of the imperial presidency.
Jason Leopold reported today that the Senate Armed Services Committee is very close to releasing -- "possibly as early as next week" -- its 200 page, 2000 footnote
... voluminous report on the treatment of detainees held in U.S. custody and the interrogations methods they were subjected to, according to Defense Department and intelligence sources, who described the report as the most detailed account to date of how the Bush administration and Defense Department implemented interrogation methods widely regarded as torture.
Levin and the SASC's investigation is a gold mine of information about how the Bush administration implemented its torture program. Both the documents produced by the investigation, and the declassified 19-page summary released by Sen. Levin last year contained important new information, such the details surrounding John Yoo's drafting of the torture memos.
John Yoo and David Addington managed to show up yesterday before the House Judiciary Committee (HOLY Bamboo under the fingernails, Batman! They showed up?!?) and started laying out a considerable load of crap before the members of the Judiciary Committee regarding their "diminished roles" compared to what people have been led to believe regarding interrogation techniques. Well, among other things like Presidential powers, and just plain raping and pillaging the image of America.
First, lets get a little background on these two scumbags (purely MY opinion; McClatchy did not weigh in on this description).
John Yoo - (AKA Bamboo Yoo)
A professor of Law at The University of California, Berkley, Bamboo Yoo is best known for his stint in the U.S. IN - Justice Department's Office of Legal Council while assisting the Attorney General to give IL - Legal advice to the President (Yes, Bushie) from 2001 - 2003.
After he left the Department of IN - Justice, we learned that Yoo authored memos, including co-authoring the Bybee memo defining torture and American habeas corpus obligations narrowly. The memos, known today as the "torture memos," advocate enhanced interrogation techniques, while pointing out that refuting the Geneva Conventions would reduce the possibility indivuals face future prosecution under the US War Crimes Act of 1996 for actions taken in the War on Terror.
This is where the Imperial Presidency got it's beginning. Bushie loved this guy!!
In addition, a new definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S. Top military lawyers, including Alberto J. Mora, reported that policies allowing methods equivalent to torture were officially handed down from the highest levels of the administration (see Cheney, VLAD and Bush, Bimbo), and led an effort within the Department of Defence to put a stop to those policies and instead mandate non-coercive interrogation standards. But, Mr. Mora didn't succeed, because Vlad and Bimbo loved 'em some "enhanced interrogation torture techniques."
Since he left the Department of In - Justice in 2003, after his return to Cal-Berkley, student protesters at Berkeley have demanded, that he renounce the memos or resign his professorship. However, being a Wingnut Neo-Con, he of course would never ADMIT to having done anything wrong (without the bamboo treatment, of course) and he has thumbed his nose at his detractors ever since.
On to our Not-Friend David Addington (AKA Scooter Two).
This scum-sucking-triple-asswipe of a human being is currently occupying Scooter's previous job of Chief of Staff to VP Vlad Cheney and was a former legal council to teh Vice Vampire prior to Scooter-boy being convicted of LYING (OMG! A Republican? Lie? NOOOOOOoooooooo!!).
Addington was previously assistant general council for the CIA and an assistant to then Congressman Cheney during the heady days of the Iran-Contra scandal. Addington is also the Main, Number 1 Cheerleader for the idea that the President has Unlimited Powers as our Lying-Cheating-Murdering-Commander-in-Chief during wartime.
Ok, enough with the niceties. On to what McClatchy (whose Service Mark is "Truth to Power") has to say about these two
%@#*#'s.
If behavioral scientists are concerned solely with advancing their science, it seems most probably that they will serve the purposes of whatever individual or group has the power.
The quote above is from U.S. psychology pioneer Carl Rogers. It is worth pondering his statement as we consider both recent developments in the fight against U.S. torture, and more general considerations about the role of psychologists, physicians, and other scientific and medical personnel in interrogations for Bush's "War on Terror."
I was reading the New York Times's article on the decision by the "Convening Authority" at Guantanamo to drop all charges "without prejudice" against purported sixth 9/11 Al Qaeda hijacker Mohammed al-Qahtani, when my attention was drawn to an ad from the CIA trumpeting the announcement that they were seeking applicants for "National Clandestine Service Careers." A few clicks later, curious to see what they were offering for my own profession (not that I wish to apply), I found a number of positions open. Here's one that caught my eye:
Memos written at the request of high-ranking government officials by Former Deputy Assistant Attorney General John Yoo on August 1, 2002 (also signed by Jay Bybee, now a federal judge) and March 14, 2003, assured the Bush administration that
. . . . the Department of Justice would not enforce the U.S. criminal laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants."
Of course, we know that the purpose of Yoo's memos were simply established as a means of legal clearance for all that ensued thereafter.
Daniel Levin, Acting Assistant Attorney General Office of Legal Counsel (December 30, 2004)
. . . . specifically rejects Yoo's definition of torture, and admits that a defandant's motives to protect national security will not shield him from a torture prosecution. The rescission of the August 2002 memo constitutes an admission by the Justice Department that the legal reasoning in that memo was wrong. But for 22 months, the [sic] it was in effect, which sanctioned and led to the torture of prisoners in U.S. custody."
Note: all quoted material above from Marjorie Cohn, President National Lawyers Guild.
Following a pivotal article by Jeff Stein at Congressional Quarterly a few weeks back, today's Washington Post published an important article today, "Detainees Allege Being Drugged, Questioned." The story, by Post staff writer Joby Warrick, notes U.S. denials in using drug injections for coercive purposes during interrogations.
Adel al-Nusairi, a Saudi national imprisoned for years at Guanatanmo, and now released without charges, has a different memory:
"I'd fall asleep" after the shot, Nusairi, a former Saudi policeman captured by U.S. forces in Afghanistan in 2002, recalled in an interview with his attorney at the military prison in Cuba, according to notes. After being roused, Nusairi eventually did talk, giving U.S. officials what he later described as a made-up confession to buy some peace.
"I was completely gone," he remembered. "I said, 'Let me go. I want to go to sleep. If it takes saying I'm a member of al-Qaeda, I will.'"
Recent revelations that torture was approved, applauded, and enjoyed by senior Bush administration officials have caused quite a stir. Bush now freely admits that he "approved" of the CIA torturing a few "high value" terrorism suspects in the immediate aftermath of the 9/11 attacks. All those assertions that the United States does not torture were knowingly false. While lying to Congress, the American people, and the world community might get another president in trouble, even impeached, war crimes appear to be much more acceptable in post-9/11 America. The mea culpa simply forces the administration and its supporters to create a new mythology of torture.
Reform Immigration -
March on Washington
A new draft Department of Justice report, not yet approved by Attorney General Eric Holder, is recommending that Bush administration torture memo authors Jay Bybee, John Yoo, and Steven Bradbury not be prosecuted, but will apparently ask for disciplinary reprimands and/or disbarment by state bar associatons.
