September 2012 archive

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

September 4 is the 247th day of the year (248th in leap years) in the Gregorian calendar. There are 118 days remaining until the end of the year.

On this day in 1886, Apache chief Geronimo surrenders to U.S. government troops. For 30 years, the mighty Native American warrior had battled to protect his tribe’s homeland; however, by 1886 the Apaches were exhausted and hopelessly outnumbered. General Nelson Miles accepted Geronimo’s surrender, making him the last Indian warrior to formally give in to U.S. forces and signaling the end of the Indian Wars in the Southwest.

While Geronimo (Chiricahua: Goyaale, “one who yawns”; often spelled Goyathlay or Goyahkla in English) said he was never a chief, he was a military leader. As a Chiricahua Apache, this meant he was one of many people with special spiritual insights and abilities known to Apache people as “Power”. Among these were the ability to walk without leaving tracks; the abilities now known as telekinesis and telepathy; and the ability to survive gunshot (rifle/musket, pistol, and shotgun). Geronimo was wounded numerous times by both bullets and buckshot, but survived. Apache men chose to follow him of their own free will, and offered first-hand eye-witness testimony regarding his many “powers”. They declared that this was the main reason why so many chose to follow him (he was favored by/protected by “Usen”, the Apache high-god). Geronimo’s “powers” were considered to be so great that he personally painted the faces of the warriors who followed him to reflect their protective effect. During his career as a war chief, Geronimo was notorious for consistently urging raids and war upon Mexican Provinces and their various towns, and later against American locations across Arizona, New Mexico, and western Texas.

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In 1886, General Nelson A. Miles selected Captain Henry Lawton, in command of B Troop, 4th Cavalry, at Ft. Huachuca and First Lieutenant Charles B. Gatewood to lead the expedition that captured Geronimo. Numerous stories abound as to who actually captured Geronimo, or to whom he surrendered, although most contemporary accounts, and Geronimo’s own later statements, give most of the credit for negotiating the surrender to Lt. Gatewood. For Lawton’s part, he was given orders to head up actions south of the U.S.-Mexico boundary where it was thought Geronimo and a small band of his followers would take refuge from U.S. authorities. Lawton was to pursue, subdue, and return Geronimo to the U.S., dead or alive.

Lawton’s official report dated September 9, 1886 sums up the actions of his unit and gives credit to a number of his troopers for their efforts. Geronimo gave Gatewood credit for his decision to surrender as Gatewood was well known to Geronimo, spoke some Apache, and was familiar with and honored their traditions and values. He acknowledged Lawton’s tenacity for wearing the Apaches down with constant pursuit. Geronimo and his followers had little or no time to rest or stay in one place. Completely worn out, the little band of Apaches returned to the U.S. with Lawton and officially surrendered to General Miles on September 4, 1886 at Skeleton Canyon, Arizona.

The debate still remains whether Geronimo surrendered unconditionally. Geronimo pleaded in his memoirs that his people who surrendered had been misled: his surrender as a war prisoner was conditioned in front of uncontested witnesses (especially General Stanley). General Howard, chief of Pacific US army division, said on his part that his surrender was accepted as a dangerous outlaw without condition, which has been contested in front of the Senate.

In February, 1909, Geronimo was thrown from his horse while riding home, and had to lie in the cold all night before a friend found him extremely ill. He died of pneumonia on February 17, 1909 as a prisoner of the United States at Fort Sill, Oklahoma. On his deathbed, he confessed to his nephew that he regretted his decision to surrender. He was buried at Fort Sill in the Apache Indian Prisoner of War Cemetery

Cross posted from The Stars Hollow Gazette

We know that the Obama administration was determined to never prosecute any of the main architects of the Bush regime torture program, or close Guantanamo. Last week while everyone was focused on the Republican Party Convention in Tampa, the Department of Justice announced that it is formally ending its investigation of the CIA’s “enhanced interrogation” program with out bringing criminal charges:

Attorney General Eric H. Holder Jr. announced Thursday that no one would be prosecuted for the deaths of a prisoner in Afghanistan in 2002 and another in Iraq in 2003, eliminating the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the C.I.A.

Mr. Holder had already ruled out any charges related to the use of waterboarding and other methods that most human rights experts consider to be torture. His announcement closes a contentious three-year investigation by the Justice Department and brings to an end years of dispute over whether line intelligence or military personnel or their superiors would be held accountable for the abuse of prisoners in the aftermath of the terrorist attacks of Sept. 11, 2001.

Mr. Holder had stated that the DOJ would not charge any of the interrogators if they had acted strictly in accordance with the department’s legal advice. Thus giving legitimacy to the “we were just following orders” defense that was rejected when used by German war criminals at Nuremberg. Mr. Holder just thumbed his nose at established international law, as well.

The lame excuse that there is a lack of solid evidence is just ludicrous, as David Dayen wrote in his article at FDL News Desk:

This was the investigation headed by John Durham, the federal prosecutor selected in August 2009 to look into charges of torture in CIA interrogations during the Bush Administration. We know plenty about those charges. The Justice Department released a previously classified document around the same time that they named Durham to lead the investigation, detailing the methods they used to interrogate suspects, including plenty of metMr. Obamahods that a plain reading would consider to be torture. This included waterboarding, stress positions, mock executions, threatening with handguns and power drills, vowing to kill or rape members of a detainee’s family, and inducing vomiting. [..]

In July 2010, federal judge and former Bush-era Justice Department official Jay Bybee, who wrote many of the Administration’s guidelines on interrogation, admitted to a House committee that CIA personnel never asked for approval for many of the interrogation techniques they used, that they went further than the prescribed guidelines from him, and that the ones he did prescribe were used excessively. Even if you believe that Bybee’s techniques were legal and did not violate federal and international conventions against torture, his testimony revealed clearly that CIA interrogators broke the law. Despite this prima facie evidence of unauthorized interrogation, the investigation went nowhere.

From the very start of his administration Pres. Obama and his officials have shielded the Bush torturers from all accountability, despite his campaign promise to have his Justice Department thoroughly investigate any charge of torture because no one is above the law. Then, even before he was inaugurated Mr. Obama declared that he was apposed to any of these investigations declaring  “we must look forward, not backward.”

Glenn Greenwald writing for The Guardian, reviews the timeline of decisions that has lead to a whitewash of the “war on terror crimes.”

Throughout the first several months of his presidency, his top political aides, such as the chief of staff, Rahm Emanuel and his press secretary, Robert Gibbs, publicly – and inappropriately – pressured the justice department to refrain from any criminal investigations. Over and over, they repeated the Orwellian mantra that such investigations were objectionable because “we must look forward, not backward“. As Gibbs put it in April 2009, when asked to explain Obama’s opposition, “the president is focused on looking forward. That’s why.”

On 16 April 2009, Obama himself took the first step in formalizing the full-scale immunity he intended to bestow on all government officials involved even in the most heinous and lethal torture. On that date, he decreed absolute immunity for any official involved in torture provided that it comported with the permission slips produced by Bush department of justice (DOJ) lawyers which authorized certain techniques. “This is a time for reflection, not retribution,” the new president so movingly observed in his statement announcing this immunity. Obama added:

   “[N]othing will be gained by spending our time and energy laying blame for the past … we must resist the forces that divide us, and instead come together on behalf of our common future.” [..]

(I)n August 2009, Holder announced a formal investigation to determine whether criminal charges should be brought in over 100 cases of severe detainee abuse involving “off-the-books methods” such as “mock execution and threatening a prisoner with a gun and a power drill”, as well as threats that “prisoners (would be) made to witness the sexual abuse of their relatives.” But less than two years later, on 30 June 2011, Holder announced that of the more than 100 cases the justice department had reviewed, there would be no charges brought in any of them – except two.

Glenn goes on to discuss the evidence in those two brutal cases that the justice department has now closed without charges and how the Obama administration even shut down investigations by Spain and Germany:

Moreover, Obama’s top officials, as WikiLeaks cables revealed, secretly worked with GOP operatives to coerce other countries, such as Spain and Germany, to quash their investigations into the US torture of their citizens, and issued extraordinary threats to prevent British courts from disclosing any of what was done. And probably worst of all, the Obama administration aggressively shielded Bush officials even from being held accountable in civil cases brought by torture victims, by invoking radical secrecy powers and immunity doctrines to prevent courts even from hearing those claims.

Meanwhile, the Obama administration has prosecuted whistleblowers with a vigor that has surpassed all other presidents. In the NY Times article, Mr Holder noted one case in his announcement:

While no one has been prosecuted for the harsh interrogations, a former C.I.A. officer who helped hunt members of Al Qaeda in Pakistan and later spoke publicly about waterboarding, John C. Kiriakou, is awaiting trial on criminal charges that he disclosed to journalists the identity of other C.I.A. officers who participated in the interrogations.

Glenn appeared on Democracy Now with host Amy Goodman to discuss Mr. Holder’s announcement. During the seven minute interview they also discussed Clint Eastwood’s conversation with an empty chair at the RNC Convention,

Mr. Holder covers up the evidence, allows the real criminals to walk, instead prosecuting those who spoke out about the crimes.

Is this the change we are suppose to believe in and vote to reelect?  

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour a cup of your favorite morning beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

On this day in 1783, the Treaty of Paris is signed ending the American Revolution

The treaty document was signed at the Hotel d’York – which is now 56 Rue Jacob – by John Adams, Benjamin Franklin, and John Jay (representing the United States) and David Hartley (a member of the British Parliament representing the British Monarch, King George III). Hartley was lodging at the hotel, which was therefore chosen in preference to the nearby British Embassy – 44 Rue Jacob – as “neutral” ground for the signing.

On September 3, Britain also signed separate agreements with France and Spain, and (provisionally) with the Netherlands. In the treaty with Spain, the colonies of East and West Florida were ceded to Spain (without any clearly defined northern boundary, resulting in disputed territory resolved with the Treaty of Madrid), as was the island of Minorca, while the Bahama Islands, Grenada and Montserrat, captured by the French and Spanish, were returned to Britain. The treaty with France was mostly about exchanges of captured territory (France’s only net gains were the island of Tobago, and Senegal in Africa), but also reinforced earlier treaties, guaranteeing fishing rights off Newfoundland. Dutch possessions in the East Indies, captured in 1781, were returned by Britain to the Netherlands in exchange for trading privileges in the Dutch East Indies.

The American Congress of the Confederation, which met temporarily in Annapolis, Maryland, ratified the treaty of Paris on January 14, 1784 (Ratification Day).[1] Copies were sent back to Europe for ratification by the other parties involved, the first reaching France in March. British ratification occurred on April 9, 1784, and the ratified versions were exchanged in Paris on May 12, 1784. It was not for some time, though, that the Americans in the countryside received the news due to the lack of communication.