Saturday, December 31, 2005

Spy Court Judge Quits In Protest of Bush's Secret Authorization of Domestic Spying Program

Jurist Concerned Bush Order Tainted Work of Secret Panel
By Carol D. Leonnig and Dafna Linzer

Washington Post Staff Writers
Wednesday, December 21, 2005; Page A01

A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush's secret authorization of a domestic spying program, according to two sources.
U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation.


Two associates familiar with his decision said yesterday that Robertson privately expressed deep concern that the warrantless surveillance program authorized by the president in 2001 was legally questionable and may have tainted the FISA court's work.

Robertson, who was appointed to the federal bench in Washington by President Bill Clinton in 1994 and was later selected by then-Chief Justice William H. Rehnquist to serve on the FISA court, declined to comment when reached at his office late yesterday.

Word of Robertson's resignation came as two Senate Republicans joined the call for congressional investigations into the National Security Agency's warrantless interception of telephone calls and e-mails to overseas locations by U.S. citizens suspected of links to terrorist groups. They questioned the legality of the operation and the extent to which the White House kept Congress informed.

Sens. Chuck Hagel (Neb.) and Olympia J. Snowe (Maine) echoed concerns raised by Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, who has promised hearings in the new year.
Hagel and Snowe joined Democrats Dianne Feinstein (Calif.), Carl M. Levin (Mich.) and Ron Wyden (Ore.) in calling for a joint investigation by the Senate judiciary and intelligence panels into the classified program.
The hearings would occur at the start of a midterm election year during which the prosecution of the Iraq war could figure prominently in House and Senate races.

Not all Republicans agreed with the need for hearings and backed White House assertions that the program is a vital tool in the war against al Qaeda.
"I am personally comfortable with everything I know about it," Acting House Majority Leader Roy Blunt (R-Mo.) said in a phone interview.

At the White House, spokesman Scott McClellan was asked to explain why Bush last year said, "Any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so." McClellan said the quote referred only to the USA Patriot Act.

Revelation of the program last week by the New York Times also spurred considerable debate among federal judges, including some who serve on the secret FISA court. For more than a quarter-century, that court had been seen as the only body that could legally authorize secret surveillance of espionage and terrorism suspects, and only when the Justice Department could show probable cause that its targets were foreign governments or their agents.
Robertson indicated privately to colleagues in recent conversations that he was concerned that information gained from warrantless NSA surveillance could have then been used to obtain FISA warrants. FISA court Presiding Judge Colleen Kollar-Kotelly, who had been briefed on the spying program by the administration, raised the same concern in 2004 and insisted that the Justice Department certify in writing that it was not occurring.

"They just don't know if the product of wiretaps were used for FISA warrants -- to kind of cleanse the information," said one source, who spoke on the condition of anonymity because of the classified nature of the FISA warrants. "What I've heard some of the judges say is they feel they've participated in a Potemkin court."

Robertson is considered a liberal judge who has often ruled against the Bush administration's assertions of broad powers in the terrorism fight, most notably in Hamdan v. Rumsfeld . Robertson held in that case that the Pentagon's military commissions for prosecuting terrorism suspects at Guantanamo Bay, Cuba, were illegal and stacked against the detainees.

Some FISA judges said they were saddened by the news of Robertson's resignation and want to hear more about the president's program.
"I guess that's a decision he's made and I respect him," said Judge George P. Kazen, another FISA judge. "But it's just too quick for me to say I've got it all figured out."

Bush said Monday that the White House briefed Congress more than a dozen times. But those briefings were conducted with only a handful of lawmakers who were sworn to secrecy and prevented from discussing the matter with anyone or from seeking outside legal opinions.

Sen. John D. Rockefeller IV (D-W.Va.) revealed Monday that he had written to Vice President Cheney the day he was first briefed on the program in July 2003, raising serious concerns about the surveillance effort. House Minority Leader Nancy Pelosi (D-Calif.) said she also expressed concerns in a letter to Cheney, which she did not make public.

The chairman of the Senate Select Committee on Intelligence, Pat Roberts (R-Kan.), issued a public rebuke of Rockefeller for making his letter public.
In response to a question about the letter, Sen. John McCain (R-Ariz.) suggested that Rockefeller should have done more if he was seriously concerned. "If I thought someone was breaking the law, I don't care if it was classified or unclassified, I would stand up and say 'the law's being broken here.' "

But Rockefeller said the secrecy surrounding the briefings left him with no other choice. "I made my concerns known to the vice president and to others who were briefed," Rockefeller said. "The White House never addressed my concerns."

Staff writers Jonathan Weisman and Charles Babington and researcher Julie Tate contributed to this report.

Enron's Ken Lay 1997 Letter to George W. Bush Re: Energy Policy in Uzbekistan

Craig Murray: As Britain’s outspoken Ambassador to the Central Asian Republic of Uzbekistan, Craig Murray helped expose vicious human rights abuses by the US-funded regime of Islam Karimov. He is now a prominent critic of Western policy in the region.


http://www.craigmurray.org.uk/contact.html

December 30, 2005
More old news

From the chatter on the web, it's clear that there are still a few diehard Bush/Blair supporters out there who believe this is about democracy and security.
I hate to disillusion such people, but everyone should be aware of this document:
http://www.thesmokinggun.com/archive/bushlay12.html

(This was released with other Enron court documents. To anyone covering the Enron story, it meant very little. Now, however....)

...and here's the full text:

Kenneth L. Lay
Chairman and Chief Executive Officer
Enron Corp.

P.O. Box 1188
Houston, TX 77251-1188
713-853-6773
Fax 713-853-5313
April 3, 1997
Via Fax: 512/463-1849

The Honorable George W. Bush
Governor of the State of Texas
PO Box 12428
Austin, Texas

Dear George,

You will be meeting with Ambassador Sadyq Safaev, Uzbekistan's Ambassador to the United States, on April 8th. Ambassador Safaev has been Foreign Minister and the senior advisor to President Karimov before assuming his nation's most significant foreign responsibility.

Enron has established an office in Tashkent and we are negotiating a $2 billion joint venture with Neftegas of Uzbekistan and Gazprom of Russia to develop Uzbekistan's natural gas and transport it to markets in Europe, Kazakhstan, and Turkey. This project can bring significant economic opportunities to Texas, as well as Uzbekistan. The political benefits to the United States and to Uzbekistan are important to that entire region.
Ambassador Safaev is one of the most effective of the Washington Corps of Ambassadors, a man who has the attention of his president, and a person who works daily to bring our countries together. For all these reasons, I am delighted that the two of you are meeting.

I know you and Ambassador Safaev will have a productive meeting which will result in a friendship between Texas and Uzbekistan.
Sincerely,

Ken
Natural gas. Electricity. Endless possibilities.

Diplomat Says Britain Used Data Gotten by Torture

By ALAN COWELL
Published: December 31, 2005

http://www.nytimes.com/2005/12/31/international/europe/31britain.html


LONDON, Dec. 30 - Craig Murray, former British ambassador to Uzbekistan, has published documents on the Internet that he says prove that the British knowingly received information obtained through torture.
Mr. Murray, who was forced to quit the Foreign Office last year after publicly condemning the Uzbek authorities, criticized the British and American governments in reports from Uzbekistan that he posted on the site, www.craigmurray.org.uk.

On the site is a diplomatic cable Mr. Murray says he wrote, dated July 2004. It states that Britain received "intelligence obtained under torture from the Uzbek intelligence services, via the U.S."

"We should stop," the document goes on to say. "It is bad information anyway. Tortured dupes are forced to sign up to confessions showing what the Uzbek government wants the U.S. and UK to believe, that they and we are fighting the same war against terror."

Mr. Murray also said in one document that at a meeting in London on March 8, 2003, "I was told specifically that it was perfectly legal for us to obtain and to use intelligence from the Uzbek torture chambers."

He said that at the meeting, a British government legal adviser, Michael Wood, "gave his legal opinion that it was not illegal to obtain and to use intelligence acquired by torture."

"He said the only legal limitation on its use was that it could not be used in legal proceedings, under Article 15 of the U.N. Convention on Torture," Mr. Murray said.
In a telephone interview on Friday, Mr. Murray said he believed that the legal opinion meant that the information could not be used as evidence in court but could be used for intelligence purposes.

The disclosures, which repeat some earlier claims by Mr. Murray, play into a fierce debate in the United States and Europe over the transfer of terror suspects to countries that practice torture. Earlier this week, Britain and Greece denied allegations in Greece that their intelligence agents had interrogated 28 Pakistani suspects using torture after the July 7 bombings in London.

In a landmark ruling earlier this month, Britain's Law Lords, sitting as the country's highest court, said evidence obtained by torture, no matter by whom, was inadmissible in British courts.

A spokesman for the Foreign Office, who spoke in return for anonymity under department rules, declined to comment directly on Mr. Murray's claims. "There is nothing new here," he said.

He also declined to comment on British news reports that the Foreign Office had blocked publication of a nonfiction book by Mr. Murray, "Murder in Samarkand," until he edited out sensitive material.

In the telephone interview, Mr. Murray, who was ambassador from 2002 to 2004, said that the material on the Web site was authentic and that he was the source. He said it included the documents that the Foreign Office had wanted him to excise from his book.

The Foreign Office spokesman said Britain condemned the use of torture and did not practice it. But the spokesman said British intelligence agents routinely assessed the likely source of information they received and "took into account" the reliability of information that might have been extracted under torture from suspects in detention.

Mr. Murray assailed the human rights record of Uzbekistan at a time when, he said, the United States was playing down reports of human rights abuses there.

In a confidential letter he sent to the Foreign Office on Sept. 16, 2002, a summary said: "U.S. plays down human rights situation in Uzbekistan. A dangerous policy: increasing repression combined with poverty will promote Islamic terrorism."

Mr. Murray said American policy toward President Islam A. Karimov was dictated by the availability of strategic air bases. The State Department gave Uzbekistan a favorable human rights assessment to free up hundreds of millions of dollars in aid, Mr. Murray said.

A second letter, dated March 18, 2003, said in its summary: "As seen from Tashkent, U.S. policy is not much focused on democracy or freedom. It is about oil, gas and hegemony. In Uzbekistan the U.S. pursues those ends through supporting a ruthless dictatorship."

According to Mr. Murray, the letter said: "Last year the U.S. gave half a billion dollars in aid to Uzbekistan, about a quarter of it military aid. Bush and Powell repeatedly hail Karimov as a friend and ally. Yet this regime has at least seven thousand prisoners of conscience; it is a one-party state without freedom of speech, without freedom of media, without freedom of movement, without freedom of assembly, without freedom of religion. It practices, systematically, the most hideous tortures on thousands. Most of the population live in conditions precisely analogous with medieval serfdom."

Sunday, November 27, 2005

Pentagon Expanding Its Domestic Surveillance Activity

Pentagon Expanding Its Domestic Surveillance Activity
Fears of Post-9/11 Terrorism Spur Proposals for New Powers

www.washingtonpost.com/wp-dyn/content/article/2005/11/26/...

By Walter Pincus
Washington Post Staff Writer
Sunday, November 27, 2005; Page A06

The Defense Department has expanded its programs aimed at gathering and analyzing intelligence within the United States, creating new agencies, adding personnel and seeking additional legal authority for domestic security activities in the post-9/11 world.

The moves have taken place on several fronts. The White House is considering expanding the power of a little-known Pentagon agency called the Counterintelligence Field Activity, or CIFA, which was created three years ago. The proposal, made by a presidential commission, would transform CIFA from an office that coordinates Pentagon security efforts -- including protecting military facilities from attack -- to one that also has authority to investigate crimes within the United States such as treason, foreign or terrorist sabotage or even economic espionage.

The Pentagon has pushed legislation on Capitol Hill that would create an intelligence exception to the Privacy Act, allowing the FBI and others to share information gathered about U.S. citizens with the Pentagon, CIA and other intelligence agencies, as long as the data is deemed to be related to foreign intelligence. Backers say the measure is needed to strengthen investigations into terrorism or weapons of mass destruction.

The proposals, and other Pentagon steps aimed at improving its ability to analyze counterterrorism intelligence collected inside the United States, have drawn complaints from civil liberties advocates and a few members of Congress, who say the Defense Department's push into domestic collection is proceeding with little scrutiny by the Congress or the public.

"We are deputizing the military to spy on law-abiding Americans in America. This is a huge leap without even a [congressional] hearing," Sen. Ron Wyden (D-Ore.), a member of the Senate Select Committee on Intelligence, said in a recent interview.

Wyden has since persuaded lawmakers to change the legislation, attached to the fiscal 2006 intelligence authorization bill, to address some of his concerns, but he still believes hearings should be held. Among the changes was the elimination of a provision to let Defense Intelligence Agency officers hide the fact that they work for the government when they approach people who are possible sources of intelligence in the United States.

Modifications also were made in the provision allowing the FBI to share information with the Pentagon and CIA, requiring the approval of the director of national intelligence, John D. Negroponte, for that to occur, and requiring the Pentagon to make reports to Congress on the subject. Wyden said the legislation "now strikes a much fairer balance by protecting critical rights for our country's citizens and advancing intelligence operations to meet our security needs."

Kate Martin, director of the Center for National Security Studies, said the data-sharing amendment would still give the Pentagon much greater access to the FBI's massive collection of data, including information on citizens not connected to terrorism or espionage.

The measure, she said, "removes one of the few existing privacy protections against the creation of secret dossiers on Americans by government intelligence agencies." She said the Pentagon's "intelligence agencies are quietly expanding their domestic presence without any public debate."

Lt. Col. Chris Conway, a spokesman for the Pentagon, said that the most senior Defense Department intelligence officials are aware of the sensitivities related to their expanded domestic activities. At the same time, he said, the Pentagon has to have the intelligence necessary to protect its facilities and personnel at home and abroad.

"In the age of terrorism," Conway said, "the U.S. military and its facilities are targets, and we have to be prepared within our authorities to defend them before something happens."

Among the steps already taken by the Pentagon that enhanced its domestic capabilities was the establishment after 9/11 of Northern Command, or Northcom, in Colorado Springs, to provide military forces to help in reacting to terrorist threats in the continental United States. Today, Northcom's intelligence centers in Colorado and Texas fuse reports from CIFA, the FBI and other U.S. agencies, and are staffed by 290 intelligence analysts. That is more than the roughly 200 analysts working for the State Department's Bureau of Intelligence and Research, and far more than those at the Department of Homeland Security.

In addition, each of the military services has begun its own post-9/11 collection of domestic intelligence, primarily aimed at gathering data on potential terrorist threats to bases and other military facilities at home and abroad. For example, Eagle Eyes is a program set up by the Air Force Office of Special Investigations, which "enlists the eyes and ears of Air Force members and citizens in the war on terror," according to the program's Web site.

The Marine Corps has expanded its domestic intelligence operations and developed internal policies in 2004 to govern oversight of the "collection, retention and dissemination of information concerning U.S. persons," according to a Marine Corps order approved on April 30, 2004.

The order recognizes that in the post-9/11 era, the Marine Corps Intelligence Activity will be "increasingly required to perform domestic missions," and as a result, "there will be increased instances whereby Marine intelligence activities may come across information regarding U.S. persons." Among domestic targets listed are people in the United States who it "is reasonably believed threaten the physical security of Defense Department employees, installations, operations or official visitors."

Perhaps the prime illustration of the Pentagon's intelligence growth is CIFA, which remains one of its least publicized intelligence agencies. Neither the size of its staff, said to be more than 1,000, nor its budget is public, said Conway, the Pentagon spokesman. The CIFA brochure says the agency's mission is to "transform" the way counterintelligence is done "fully utilizing 21st century tools and resources."

One CIFA activity, threat assessments, involves using "leading edge information technologies and data harvesting," according to a February 2004 Pentagon budget document. This involves "exploiting commercial data" with the help of outside contractors including White Oak Technologies Inc. of Silver Spring, and MZM Inc., a Washington-based research organization, according to the Pentagon document.

For CIFA, counterintelligence involves not just collecting data but also "conducting activities to protect DoD and the nation against espionage, other intelligence activities, sabotage, assassinations, and terrorist activities," its brochure states.

CIFA's abilities would increase considerably under the proposal being reviewed by the White House, which was made by a presidential commission on intelligence chaired by retired appellate court judge Laurence H. Silberman and former senator Charles S. Robb (D-Va.). The commission urged that CIFA be given authority to carry out domestic criminal investigations and clandestine operations against potential threats inside the United States.

The Silberman-Robb panel found that because the separate military services concentrated on investigations within their areas, "no entity views non-service-specific and department-wide investigations as its primary responsibility." A 2003 Defense Department directive kept CIFA from engaging in law enforcement activities such as "the investigation, apprehension, or detention of individuals suspected or convicted of criminal offenses against the laws of the United States."

The commission's proposal would change that, giving CIFA "new counterespionage and law enforcement authorities," covering treason, espionage, foreign or terrorist sabotage, and even economic espionage. That step, the panel said, could be taken by presidential order and Pentagon directive without congressional approval.

White House spokeswoman Dana Perino said the CIFA expansion "is being studied at the DoD [Defense Department] level," adding that intelligence director Negroponte would have a say in the matter. A Pentagon spokesman said, "The [CIFA] matter is before the Hill committees."

Sen. John W. Warner (R-Va.), chairman of the Senate Armed Services Committee, said in a recent interview that CIFA has performed well in the past and today has no domestic intelligence collection activities. He was not aware of moves to enhance its authority.

The Senate Select Committee on Intelligence has not had formal hearings on CIFA or other domestic intelligence programs, but its staff has been briefed on some of the steps the Pentagon has already taken. "If a member asks the chairman" -- Sen. Pat Roberts (R-Kan.) -- for hearings, "I am sure he would respond," said Bill Duhnke, the panel's staff director.

Decoding Mr. Bush's Denials

Editorial

Published: November 15, 2005

www.nytimes.com/2005/11/15/opinion/15tue1.html?th&emc=th

To avoid having to account for his administration's misleading statements before the war with Iraq, President Bush has tried denial, saying he did not skew the intelligence. He's tried to share the blame, claiming that Congress had the same intelligence he had, as well as President Bill Clinton. He's tried to pass the buck and blame the C.I.A. Lately, he's gone on the attack, accusing Democrats in Congress of aiding the terrorists.

Yesterday in Alaska, Mr. Bush trotted out the same tedious deflection on Iraq that he usually attempts when his back is against the wall: he claims that questioning his actions three years ago is a betrayal of the troops in battle today.

It all amounts to one energetic effort at avoidance. But like the W.M.D. reports that started the whole thing, the only problem is that none of it has been true.

Mr. Bush says everyone had the same intelligence he had - Mr. Clinton and his advisers, foreign governments, and members of Congress - and that all of them reached the same conclusions. The only part that is true is that Mr. Bush was working off the same intelligence Mr. Clinton had. But that is scary, not reassuring. The reports about Saddam Hussein's weapons were old, some more than 10 years old. Nothing was fresher than about five years, except reports that later proved to be fanciful.

Foreign intelligence services did not have full access to American intelligence. But some had dissenting opinions that were ignored or not shown to top American officials. Congress had nothing close to the president's access to intelligence. The National Intelligence Estimate presented to Congress a few days before the vote on war was sanitized to remove dissent and make conjecture seem like fact.

It's hard to imagine what Mr. Bush means when he says everyone reached the same conclusion. There was indeed a widespread belief that Iraq had chemical and biological weapons. But Mr. Clinton looked at the data and concluded that inspections and pressure were working - a view we now know was accurate. France, Russia and Germany said war was not justified. Even Britain admitted later that there had been no new evidence about Iraq, just new politics.

The administration had little company in saying that Iraq was actively trying to build a nuclear weapon. The evidence for this claim was a dubious report about an attempt in 1999 to buy uranium from Niger, later shown to be false, and the infamous aluminum tubes story. That was dismissed at the time by analysts with real expertise.

The Bush administration was also alone in making the absurd claim that Iraq was in league with Al Qaeda and somehow connected to the 9/11 terrorist attacks. That was based on two false tales. One was the supposed trip to Prague by Mohamed Atta, a report that was disputed before the war and came from an unreliable drunk. The other was that Iraq trained Qaeda members in the use of chemical and biological weapons. Before the war, the Defense Intelligence Agency concluded that this was a deliberate fabrication by an informer.

Mr. Bush has said in recent days that the first phase of the Senate Intelligence Committee's investigation on Iraq found no evidence of political pressure to change the intelligence. That is true only in the very narrow way the Republicans on the committee insisted on defining pressure: as direct pressure from senior officials to change intelligence. Instead, the Bush administration made what it wanted to hear crystal clear and kept sending reports back to be redone until it got those answers.

Richard Kerr, a former deputy director of central intelligence, said in 2003 that there was "significant pressure on the intelligence community to find evidence that supported a connection" between Iraq and Al Qaeda. The C.I.A. ombudsman told the Senate Intelligence Committee that the administration's "hammering" on Iraq intelligence was harder than he had seen in his 32 years at the agency.

Mr. Bush and other administration officials say they faithfully reported what they had read. But Vice President Dick Cheney presented the Prague meeting as a fact when even the most supportive analysts considered it highly dubious. The administration has still not acknowledged that tales of Iraq coaching Al Qaeda on chemical warfare were considered false, even at the time they were circulated.

Mr. Cheney was not alone. Remember Condoleezza Rice's infamous "mushroom cloud" comment? And Secretary of State Colin Powell in January 2003, when the rich and powerful met in Davos, Switzerland, and he said, "Why is Iraq still trying to procure uranium and the special equipment needed to transform it into material for nuclear weapons?" Mr. Powell ought to have known the report on "special equipment"' - the aluminum tubes - was false. And the uranium story was four years old.

The president and his top advisers may very well have sincerely believed that Iraq had weapons of mass destruction. But they did not allow the American people, or even Congress, to have the information necessary to make reasoned judgments of their own. It's obvious that the Bush administration misled Americans about Mr. Hussein's weapons and his terrorist connections. We need to know how that happened and why.

Mr. Bush said last Friday that he welcomed debate, even in a time of war, but that "it is deeply irresponsible to rewrite the history of how that war began." We agree, but it is Mr. Bush and his team who are rewriting history.

Who They Are - The double standard that underlies our torture policies

jurisprudence   
The law, lawyers, and the court.

Who They Are
The double standard that underlies our torture policies.
By David Cole

Posted Friday, Nov. 11, 2005, at 12:32 PM ET

www.slate.com/id/2130028?nav=wp


"It's not about who they are. It's about who we are."

So said Sen. John McCain, in defending his amendment to a defense appropriations bill that would bar U.S. officials from inflicting "cruel, inhuman, and degrading treatment" on detainees in the war on terror. But while Sen. McCain is surely right that how we treat those in our custody ultimately reflects back on us, this debate is also very much about who "they" are. That's because the Bush administration's justification for employing "cruel, inhuman, and degrading treatment" against certain individuals expressly turns on the fact that these individuals are foreign nationals held abroad. The coercive-interrogation policy is predicated on a double standard: According to the administration, we can do it to "them" because "they" are different from "us."

On this theory, what would indisputably be illegal if done on U.S. soil, or if done to a U.S. citizen anywhere in the world, becomes lawful when inflicted on foreign nationals held abroad. It is this theory that drove the administration to warehouse hundreds of detainees at Guantanamo Bay, Cuba, under our control but technically beyond our borders. It is this theory that drove the administration to open a network of CIA-controlled secret prisons—dubbed "black sites"—in undisclosed locations around the world. Application of the theory has already resulted in multiple homicides in the course of interrogations, one of which is recounted in gruesome detail by Jane Mayer in the Nov. 14 issue of The New Yorker.

And just when Congress appeared to be on the verge of doing something about it, Sen. Lindsey Graham, one of the principal co-sponsors of the McCain Amendment, convinced the Senate to undercut the amendment by making it unenforceable—at least for the hundreds of prisoners held at Guantanamo Bay, Cuba. On Thursday night, the Senate approved Graham's proposal, which would selectively suspend the writ of habeas corpus for foreign nationals held at Guantanamo, denying them any access to a court for violations of constitutional or international law—even if they are being subjected to precisely the cruel, inhuman, and degrading treatment that the McCain Amendment prohibits. Graham's amendment is predicated on the same double standard as the Bush administration's interpretation of the Torture Convention—namely, that it is somehow permissible to do to foreign nationals what would be patently unacceptable if done to citizens.

This double standard is deeply flawed. Legal protections for fundamental rights of those we have locked up should not vary depending on the passport they hold. And this flaw raises a serious question not only about administration policy in the war on terror, but also about American constitutional doctrine.

The administration's justification for treating foreign nationals held abroad in the war on terror differently from those held here first surfaced with respect to the prisoners held at Guantanamo. When lawyers challenged the legality of those detentions, the administration responded that the Constitution does not extend to foreign nationals outside our borders, and that therefore the Guantanamo detainees have no constitutional rights. That issue is now being litigated in the courts—although not for long, if Graham's amendment becomes law.

Then, during Attorney General Alberto Gonzales' confirmation hearings, the administration disclosed that, in its view, not only does the Constitution not apply to foreigners held abroad, but a key part of the Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment doesn't either. That treaty, signed by virtually every country in the world, and signed and ratified by the United States in 1994, absolutely prohibits such conduct, without exception, even in a state of war.

After 9/11, however, the Bush administration took the view that the prohibition on "cruel, inhuman, and degrading treatment" simply does not apply to foreign detainees held outside the United States. It pointed to the fact that when Congress ratified the treaty, it stated its understanding that "cruel, inhuman, and degrading treatment" comprised conduct that would violate the United States Constitution—whose Fifth Amendment prohibits any coercion that "shocks the conscience" in interrogations. Claiming that the U.S. Constitution does not extend to foreigners overseas, the administration reasoned that the treaty prohibition on "cruel, inhuman, and degrading treatment" is similarly limited.

This legal sleight of hand allows the president to insist repeatedly that he does not condone torture and acts only in accordance with the law, while simultaneously dispatching the vice president to Congress to preserve the loophole that allows the infliction of cruel, inhuman, and degrading treatment on foreign suspects abroad. That loophole is the legal underpinning of the CIA's reported practice of "disappearing" foreign suspects into secret "black sites" and then using interrogation tactics against them that would unquestionably be forbidden if employed at the agency's Langley, Va., headquarters. The CIA's approved tactics have reportedly included water-boarding—in which the suspect is made to think he is drowning to convince him to talk—mock burials, and threats to send individuals to countries with a known track record for even more brutal forms of torture.

The administration's treaty interpretation makes no sense. The Torture Convention is predicated on the principle that the conduct it prohibits is fundamentally incompatible with human dignity—and all human beings have equal dignity, regardless of their nationality, and regardless of where they are held. There is no evidence that Congress sought to limit the Torture Convention prohibition to conduct within our borders. Abraham Sofaer, who submitted the treaty to Congress on behalf of the first Bush administration, has written to Congress stating that the current administration's position is inconsistent with the original understanding of the convention and improperly turns an effort by Congress to give substantive definition to the terms "cruel, inhuman, and degrading" into a geographical loophole that frees U.S. officials to commit actions just short of torture when acting abroad.

Sen. Graham's proposal to cut off judicial review for foreign nationals held at Guantanamo exploits a similar double standard. By its terms, it applies only to foreign nationals—denying them habeas review that is preserved for citizens. There is no basis for selectively denying judicial review to foreign nationals—if anything, they need such protection even more than citizens, since, unlike citizens, they are unlikely to find any protection through the political process.

These efforts to exploit the vulnerabilities of foreign nationals raise even more fundamental questions about the proper scope of our constitutional obligations. If a particular tactic—say, water-boarding—is unconstitutional because it shocks the conscience when used against a citizen within the United States, why should the result be any different when U.S. officials employ the same tactic against a foreign national overseas?

Distinctions based on nationality and location have historical roots, but those roots are of doubtful validity today. For example, the Supreme Court's failure to treat freed slaves as "citizens" was the basis for its infamous 1857 ruling against Dred Scott. But Congress rejected the rationale of the Dred Scott case in the constitutional amendments adopted after the Civil War, guaranteeing equal protection and due process to all "persons."

When the Constitution was initially adopted, there were also strong distinctions between domestic and international law and jurisdiction—so much so that there was a question whether even U.S. citizens would be protected by the Constitution overseas. Indeed, in 1891, Supreme Court Justice Stephen J. Field wrote that "the Constitution can have no operation in another country."

But while such territorial distinctions might have made some sense in the 18th century, they make little sense today and have for the most part been abandoned. We routinely extend our laws abroad, prosecuting individuals for conduct overseas if it has any effect on U.S. citizens or property. Since the 1950s, the Supreme Court has held that the Bill of Rights is not limited by our borders and protects U.S. citizens from their own government wherever in the world they may be. Shouldn't the same principle apply to foreign nationals—at least in cases where U.S. officials have exercised coercive authority over them? The rights not to be locked up arbitrarily or to be protected from treatment that shocks the conscience are human rights, not privileges of citizenship. We should honor these rights wherever we are acting and on whomever we are acting.

Hermann Cohen, a 19th-century Jewish philosopher, once wrote, in an exegesis on the Bible, "The alien was to be protected not because he was a member of one's family, clan, or religious community, but because he was a human being. In the alien, therefore, man discovered the idea of humanity." We are in danger of losing that idea.

David Cole, a professor at Georgetown University Law Center, is author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism.

The House's Abuse of Patriotism

Editorial

The House's Abuse of Patriotism


Published: October 31, 2005

www.nytimes.com/2005/10/31/opinion/31mon1.html?th&emc=th

In the national anguish after the terrorist attacks of Sept. 11, 2001, Congress rushed to enact a formidable antiterrorism law - the Patriot Act - that significantly crimped civil liberties by expanding law enforcement's power to use wiretaps, search warrants and other surveillance techniques, often under the cloak of secrecy. There was virtually no public debate before these major changes to the nation's legal system were put into effect.

Now, with some of the act's most sweeping powers set to expire at the end of the year, the two houses of Congress face crucial negotiations, which will also take place out of public view, on their differences over how to extend and amend the law. That's controversy enough. But the increasingly out-of-control House of Representatives has made the threat to our system of justice even greater by inserting a raft of provisions to enlarge the scope of the federal death penalty.

In a breathtaking afterthought at the close of debate, the House voted to triple the number of terrorism-related crimes carrying the death penalty. The House also voted to allow judges to reduce the size of juries that decide on executions, and even to permit prosecutors to try repeatedly for a death sentence when a hung jury fails to vote for death.

The radical amendment was slapped through by the Republican leadership without serious debate. The Justice Department has endorsed the House measure, and Representative James Sensenbrenner Jr., the Judiciary Committee chairman, who is ever on the side of more government power over the individual, is promising to fight hard for the death penalty provisions.

There are now 20 terrorism-related crimes eligible for capital punishment, and the House measure would add 41 more. These would make it easier for prosecutors to win a death sentence in cases where a defendant had no intent to kill - for example, if a defendant gave financial support to an umbrella organization without realizing that some of its adherents might eventually commit violence.

Any move to weaken the American jury system in the name of fighting terrorism is particularly egregious. But the House voted to allow a federal trial to have fewer than 12 jurors if the judge finds "good cause" to do so, even if the defense objects. Under current law, a life sentence is automatically ordered when juries become hung on deciding the capital punishment question. But the House would have a prosecutor try again - a license for jury-shopping for death - even though federal juries already exclude opponents of capital punishment.

The House's simplistic vote for another "crackdown" gesture can only further sully the notion of patriotism in a renewed Patriot Act.

Saturday, November 26, 2005

"The Look of Love" -"TORTURE MAN" - Dick Cheney, Why is this man still in office?

The Bush Administration and all that it’s reach commands is far and away are the most insipid group of governing individuals America has ever known about.

Why is the need to torture people so important that Cheny Lobbied for the past year about this?

Just who are the people in these secret camps all around the world?... where Dick Cheney wants to Torture them, kill them... without any adherence to the Geneva Convention laws prohibiting inhumane treatment of prisoners of war? It could be YOU in that camp the way Bush has obliterated American's civil rights. All under the guise of "PROTECTING AMERICA" from Terrorism.

The American people need to know what Bush is doing with the CIA and these secret prisons around the world.

And even more importantly we need to know the truth about 911.
There can be no real progress for America in the world until the truth about the Bush administrations role in 911 is understood. They have created false motives at every turn.
Distorted terrorist threats to induce fear, revoke free speech and civil liberty to ram through the Patriot Act, lies to start the Iraq war for oil and leave America with the highest debt in US history while they profit from it, excuses for outright negligence concerning the Katrina disaster...

Why are George W. Bush & Dick Cheney still in office? It’s outrageous and simply unbelievable. America is bankrolling a white house full of criminal conspirators. And the worst has yet to come.

Everything that has happened since 911 is proof that the Bush administration has used the powers of presidency in an ambiguously destructive manner. Deliberately. With supreme negligence and contempt for America and humanity in general.


Below is a list of links and articles concerning Dick Cheney’s mission to endorse TORTURE, above and beyond world law :


++++++++++++++++++++++++++++++

*+*+* Frontline's "The Torture Question" documented that the Bush admin. has sanctioned torture and committed war crimes.

++++++++++++++ ___________________________________


*+*+* HERE IS MORE PROOF OF SANCTIONED TORTURE BY RUMSFELD:


"Prisoners Allege Use of Lions"
_++++++++++++++++++_

The New York Times

WASHINGTON, Nov. 15 - Army officials said Tuesday that they were looking into claims by two former Iraqi detainees that they had been put into cages holding lions to terrify them during interrogations in 2003.

Thahe Mohammed Sabar said in a statement released by the American Civil Liberties Union that soldiers had pushed him and Sherzad Khalid, a friend, into the cage, then pulled them out when a lion moved toward him. Mr. Khalid said soldiers had forced him into the cages after repeatedly asking where to find Saddam Hussein and unconventional weapons.

Asked about the allegations during a news conference on Tuesday, Defense Secretary Donald H. Rumsfeld said, "It seems quite far-fetched," adding, "Obviously, everything that everyone alleges is looked into."

The two are among eight plaintiffs in a lawsuit filed in March by the American Civil Liberties Union and Human Rights First against Mr. Rumsfeld, alleging they were subjected to sexual abuse, mock executions and other torture.
++++++++++++++++++++++++++++++++++++


_________________++++++++++_______________________

***Read this little Torture Excerpt from a NY Times Op-Ed Below: ++++++++++

On Nov. 26, 2003, for example, an Iraqi major general, Abed Hamed Mowhoush, was forced into a sleeping bag, then asphyxiated by his American interrogators. We've obtained a memorandum from one of these interrogators - a former SERE trainer - who cites command authorization of "stress positions" as justification for using what he called "the sleeping bag technique."

"A cord," he explained, "was used to limit movement within the bag and help bring on claustrophobic conditions." In SERE, he said, this was called close confinement and could be "very effective." Those who squirmed or screamed in the sleeping bag, he said, were "allowed out as soon as they start to provide information."

___________________+++++++++++_________________________________________+++++++++++______________________



Cheney Fights for Detainee Policy
As Pressure Mounts to Limit Handling Of Terror Suspects, He Holds Hard Line

By Dana Priest and Robin Wright
Washington Post Staff Writers
Monday, November 7, 2005; Page A01

www.washingtonpost.com/wp-dyn/content/article/2005/11/06/...

Over the past year, Vice President Cheney has waged an intense and largely unpublicized campaign to stop Congress, the Pentagon and the State Department from imposing more restrictive rules on the handling of terrorist suspects, according to defense, state, intelligence and congressional officials.

Last winter, when Sen. John D. Rockefeller IV (D-W.Va.), vice chairman of the Senate Select Committee on Intelligence, began pushing to have the full committee briefed on the CIA's interrogation practices, Cheney called him to the White House to urge that he drop the matter, said three U.S. officials.


In recent months, Cheney has been the force against adding safeguards to the Defense Department's rules on treatment of military prisoners, putting him at odds with Secretary of State Condoleezza Rice and acting Deputy Secretary of Defense Gordon R. England. On a trip to Canada last month, Rice interrupted a packed itinerary to hold a secure video-teleconference with Cheney on detainee policy to make sure no decisions were made without her input.

Just last week, Cheney showed up at a Republican senatorial luncheon to lobby lawmakers for a CIA exemption to an amendment by Sen. John McCain (R-Ariz.) that would ban torture and inhumane treatment of prisoners. The exemption would cover the CIA's covert "black sites" in several Eastern European democracies and other countries where key al Qaeda captives are being kept.

Cheney spokesman Steve Schmidt declined to comment on the vice president's interventions or to elaborate on his positions. "The vice president's views are certainly reflected in the administration's policy," he said.

Increasingly, however, Cheney's positions are being opposed by other administration officials, including Cabinet members, political appointees and Republican lawmakers who once stood firmly behind the administration on all matters concerning terrorism.

Personnel changes in President Bush's second term have added to the isolation of Cheney, who previously had been able to prevail in part because other key parties to the debate -- including Attorney General Alberto R. Gonzales and White House counsel Harriet Miers -- continued to sit on the fence.

But in a reflection of how many within the administration now favor changing the rules, Elliot Abrams, traditionally one of the most hawkish voices in internal debates, is among the most persistent advocates of changing detainee policy in his role as the deputy national security adviser for democracy, according to officials familiar with his role.

At the same time Rice has emerged as an advocate for changing the rules to "get out of the detainee mess," said one senior U.S. official familiar with discussions. Her top advisers, along with their Pentagon counterparts, are working on a package of proposals designed to address all controversial detainee issues at once, instead of dealing with them on a piecemeal basis.

Cheney's camp is a "shrinking island," said one State Department official who, like other administration officials quoted in this article, asked not to be identified because public dissent is strongly discouraged by the White House.

A fundamental question lies at the heart of these disagreements: Four years into the fight, what is the most effective way to wage the campaign against terrorism?

Cheney's camp says the United States does not torture captives, but believes the president needs nearly unfettered power to deal with terrorists to protect Americans. To preserve the president's flexibility, any measure that might impose constraints should be resisted. That is why the administration has recoiled from embracing the language of treaties such as the U.N. Convention Against Torture, which Cheney's aides find vague and open-ended.


On the other side of the debate are those who believe that unconventional measures -- harsh interrogation tactics, prisoner abuse and the "ghosting" and covert detention of CIA-held prisoners -- have so damaged world support for the U.S.-led counterterrorism campaign that they have hurt the U.S. cause. Also, they argue, these measures have tainted core American values such as human rights and the rule of law.

"The debate in the world has become about whether the U.S. complies with its legal obligations. We need to regain the moral high ground," said one senior administration official familiar with internal deliberations on the issue, adding that Rice believes current policy is "hurting the president's agenda and her agenda."

McCain's amendment would limit the military's interrogation and detention tactics to those described in the Army Field Manual, and it would prohibit all U.S. government employees from using cruel, inhuman or degrading treatment.

Cheney pushed hard to have the entire amendment defeated. He twice held meetings with key lawmakers to lobby against the measure, once traveling to Capitol Hill in July, to button-hole Sens. John W. Warner (R-Va.), McCain and Lindsey O. Graham (R-S.C.).

When that tack did not work -- 90 senators supported the measure -- Cheney handed McCain language that would exempt the CIA. Despite Cheney's concerns, Graham said he has not heard any concerns from the CIA suggesting it needs an exemption from the McCain amendment. The CIA declined to comment.

"It shows that we have a philosophical difference here," said Graham, a member of the Senate Armed Services Committee. "The vice president believes in certain circumstances the government can't be bound by the language McCain is pushing. I believe that out of bounds of that language, we do harm to the U.S. image. It doesn't mean he's bad or I'm good; it just means we see it differently."

Cheney and the White House also oppose the language of a separate Defense Department directive, first reported by the New York Times, limiting detainee interrogations. The ongoing internal debate has stalled publication of the directive.

"This is the first issue we've gone to the trenches on," said a senior State Department official.

On the issue of the CIA's interrogation and detention practices, this spring Cheney requested the CIA brief him on the matter. "Cheney's strategy seems to be to stop the broader movement to get an independent commission on interrogation practices and the McCain amendment," said one intelligence official.

Beside personal pressure from the vice president, Cheney's staff is also engaged in resisting a policy change. Tactics included "trying to have meetings canceled ... to at least slow things down or gum up the works" or trying to conduct meetings on the subject without other key Cabinet members, one administration official said. The official said some internal memos and e-mail from the National Security Council staff to the national security adviser were automatically forwarded to the vice president's office -- in some cases without the knowledge of the authors.

For that reason, Rice "wanted to be in all meetings," said a senior State Department official.

Cheney's chief aide in this bureaucratic war of wills is David S. Addington, who was his chief counsel until last week when he replaced I. Lewis "Scooter" Libby as the vice president's chief of staff.

Addington exerted influence on many of the most significant policy decisions after Sept. 11, 2001. He helped write the position on torture taken by the Justice Department's Office of Legal Counsel, a stance rescinded after it became public, and he helped pick Guantanamo Bay, Cuba, as the location beyond the reach of U.S. law for holding suspected terrorists.

When Addington learned that the draft Pentagon directive included language from Article 3 of the Geneva Conventions, which prohibits torture and cruel treatment, including "humiliating and degrading treatment," he summoned the Pentagon official in charge of the detainee issue to brief him.

During a tense meeting at his office in the Eisenhower Executive Office Building, Addington was strident, said officials with knowledge of the encounter, and chastised Deputy Assistant Secretary Matthew C. Waxman for including what he regarded as vague and unhelpful language from Article 3 in the directive.

On Tuesday, Cheney, who often attends the GOP senators' weekly luncheons without addressing the lawmakers, made "an impassioned plea" to reject McCain's amendment, said a senatorial aide who was briefed on the meeting and spoke on the condition of anonymity because of its closed nature. After Senate aides were ordered out of the Mansfield Room, just steps from the Senate chamber, Cheney said that aggressive interrogations of detainees such as Khalid Sheik Mohammed had yielded useful information, and that the option to treat prisoners harshly must not be taken from interrogators.

McCain then rebutted Cheney's comments, the aide said, telling his colleagues that the image of the United States using torture "is killing us around the world." At least one other senator, Ted Stevens (R-Alaska), supported Cheney, as he has in public, the aide said.

Staff writers Charles Babington and Josh White contributed to this report.
__________________________________________________________

Cheney Plan Exempts CIA From Bill Barring Abuse of Detainees

By R. Jeffrey Smith and Josh White
Washington Post Staff Writers
Tuesday, October 25, 2005; Page A01

www.washingtonpost.com/wp-dyn/content/article/2005/10/24/...

The Bush administration has proposed exempting employees of the Central Intelligence Agency from a legislative measure endorsed earlier this month by 90 members of the Senate that would bar cruel and degrading treatment of any prisoners in U.S. custody.

The proposal, which two sources said Vice President Cheney handed last Thursday to Sen. John McCain (R-Ariz.) in the company of CIA Director Porter J. Goss, states that the measure barring inhumane treatment shall not apply to counterterrorism operations conducted abroad or to operations conducted by "an element of the United States government" other than the Defense Department.

Although most detainees in U.S. custody in the war on terrorism are held by the U.S. military, the CIA is said by former intelligence officials and others to be holding several dozen detainees of particular intelligence interest at locations overseas -- including senior al Qaeda figures Khalid Sheikh Mohammed and Abu Zubaida.

Cheney's proposal is drafted in such a way that the exemption from the rule barring ill treatment could require a presidential finding that "such operations are vital to the protection of the United States or its citizens from terrorist attack." But the precise applicability of this section is not clear, and none of those involved in last week's discussions would discuss it openly yesterday.

McCain, the principal sponsor of the legislation, rejected the proposed exemption at the meeting with Cheney, according to a government source who spoke without authorization and on the condition of anonymity. McCain spokeswoman Eileen McMenamin declined to comment. But the exemption has been assailed by human rights experts critical of the administration's handling of detainees in Iraq and Afghanistan.

"This is the first time they've said explicitly that the intelligence community should be allowed to treat prisoners inhumanely," said Tom Malinowski, the Washington advocacy director for Human Rights Watch. "In the past, they've only said that the law does not forbid inhumane treatment." Now, he said, the administration is saying more concretely that it cannot be forbidden.

The provision in question -- which the Senate on Oct. 5 voted 90 to 9 to attach to its version of the pending defense appropriations bill over the administration's opposition -- essentially proscribes harsh treatment of any detainees in U.S. custody or control anywhere in the world. It was specifically drafted to close what its backers say is a loophole in the administration's policy of generally barring torture, namely its legal contention that these constraints do not apply to treatment of foreigners on foreign soil.

The House version of the appropriations bill contains no similar provision on detainee treatment, and lawmakers are to meet later this week to begin reconciling the conflict.

Cheney's meeting with McCain last week was his third attempt to persuade the lawmaker, a former prisoner of war in Vietnam, to accept a less broad legislative bar against inhumane treatment. Cheney spokeswoman Lea Anne McBride declined to comment, saying, "the vice president does not discuss private conversations that he has with members [of Congress] . . . or information that may be exchanged with members."

She added that the intent of such meetings is usually "to build consensus on legislative issues, still in the policymaking process." CIA spokeswoman Jennifer Millerwise Dyck, a former Cheney aide, said the agency does not comment on the director's meetings.

Other sources said the vice president is also still fighting a second provision of the Senate-passed legislation, which requires that detainees in Defense Department custody anywhere in the world may be subjected only to interrogation techniques approved and listed in the Army's Field Manual.

The manual is undergoing revision, and McCain has contended that this process will give the military sufficient flexibility to respond to terrorist countermeasures. But Cheney's office has argued in talking points being circulated on Capitol Hill that the manual "will be inapplicable in certain instances" because of such countermeasures.

The CIA has been implicated in a number of alleged abuses in Iraq and has been linked to at least a few cases in which detainees have died during interrogations at separate military bases throughout the country. So far, no CIA operatives have been charged in connection with the abuse, although a single CIA contract employee is on trial for involvement in the death of an Afghanistan detainee, and sources have indicated that a grand jury may be looking at other allegations involving the CIA.

A report by the CIA inspector general's office on the agency's role in the handling of detainees is classified. It has been shown to the Justice Department and briefed only to a few lawmakers. Several military investigations have already blamed the CIA for leading a program in Iraq that essentially made detainees disappear within the military's detention system with no record of their captivity -- a practice that human rights groups have said violated international laws of war.

In a particularly infamous case, a detainee at Abu Ghraib prison in Iraq named Manadel Jamadi was photographed after his death, packed in ice, by military police soldiers at the facility. He allegedly died in a shower room during interrogation by CIA officers after being brought there by Navy Seal team members. A high-level CIA operative allegedly helped conceal Jamadi's death after Army officers found his body.

But the extent of the CIA's direct involvement in torture is unclear, partly because the agency has been reluctant to help the Defense Department's many investigations into abuse and has refused to provide Army officers with documents deemed relevant to the probes.

Staff writer Dana Priest contributed to this report.

__________________________________________________________


Op-Ed Contributors

Doing Unto Others as They Did Unto Us
By M. GREGG BLOCHE and JONATHAN H. MARKS

www.nytimes.com/2005/11/14/opinion/14blochemarks.html?th&...

Published: November 14, 2005


Washington — How did American interrogation tactics after 9/11 come to include abuse rising to the level of torture? Much has been said about the illegality of these tactics, but the strategic error that led to their adoption has been overlooked.

The Pentagon effectively signed off on a strategy that mimics Red Army methods. But those tactics were not only inhumane, they were ineffective. For Communist interrogators, truth was beside the point: their aim was to force compliance to the point of false confession.

Fearful of future terrorist attacks and frustrated by the slow progress of intelligence-gathering from prisoners at Guantánamo Bay, Pentagon officials turned to the closest thing on their organizational charts to a school for torture. That was a classified program at Fort Bragg, N.C., known as SERE, for Survival, Evasion, Resistance, Escape. Based on studies of North Korean and Vietnamese efforts to break American prisoners, SERE was intended to train American soldiers to resist the abuse they might face in enemy custody.

The Pentagon appears to have flipped SERE's teachings on their head, mining the program not for resistance techniques but for interrogation methods. At a June 2004 briefing, the chief of the United States Southern Command, Gen. James T. Hill, said a team from Guantánamo went "up to our SERE school and developed a list of techniques" for "high-profile, high-value" detainees. General Hill had sent this list - which included prolonged isolation and sleep deprivation, stress positions, physical assault and the exploitation of detainees' phobias - to Secretary of Defense Donald Rumsfeld, who approved most of the tactics in December 2002.

Some within the Pentagon warned that these tactics constituted torture, but a top adviser to Secretary Rumsfeld justified them by pointing to their use in SERE training, a senior Pentagon official told us last month.

When internal F.B.I. e-mail messages critical of these methods were made public earlier this year, references to SERE were redacted. But we've obtained a less-redacted version of an e-mail exchange among F.B.I. officials, who refer to the methods as "SERE techniques." We also learned from a Pentagon official that the SERE program's chief psychologist, Col. Morgan Banks, issued guidance in early 2003 for the "behavioral science consultants" who helped to devise Guantánamo's interrogation strategy (we've been unable to learn the content of that guidance).

SERE methods are classified, but the program's principles are known. It sought to recreate the brutal conditions American prisoners of war experienced in Korea and Vietnam, where Communist interrogators forced false confessions from some detainees, and broke the spirits of many more, through Pavlovian and other conditioning. Prolonged isolation, sleep deprivation, painful body positions and punitive control over life's most intimate functions produced overwhelming stress in these prisoners. Stress led in turn to despair, uncontrollable anxiety and a collapse of self-esteem. Sometimes hallucinations and delusions ensued. Prisoners who had been through this treatment became pliable and craved companionship, easing the way for captors to obtain the "confessions" they sought.

SERE, as originally envisioned, inoculates American soldiers against these techniques. Its psychologists create mock prison regimens to study the effects of various tactics and identify the coping styles most likely to withstand them. At Guantánamo, SERE-trained mental health professionals applied this knowledge to detainees, working with guards and medical personnel to uncover resistant prisoners' vulnerabilities. "We know if you've been despondent; we know if you've been homesick," General Hill said. "That is given to interrogators and that helps the interrogators" make their plans.

Within the SERE program, abuse is carefully controlled, with the goal of teaching trainees to cope. But under combat conditions, brutal tactics can't be dispassionately "dosed." Fear, fury and loyalty to fellow soldiers facing mortal danger make limits almost impossible to sustain.

By bringing SERE tactics and the Guantánamo model onto the battlefield, the Pentagon opened a Pandora's box of potential abuse. On Nov. 26, 2003, for example, an Iraqi major general, Abed Hamed Mowhoush, was forced into a sleeping bag, then asphyxiated by his American interrogators. We've obtained a memorandum from one of these interrogators - a former SERE trainer - who cites command authorization of "stress positions" as justification for using what he called "the sleeping bag technique."

"A cord," he explained, "was used to limit movement within the bag and help bring on claustrophobic conditions." In SERE, he said, this was called close confinement and could be "very effective." Those who squirmed or screamed in the sleeping bag, he said, were "allowed out as soon as they start to provide information."

Three soldiers have been ordered to stand trial on murder charges in General Mowhoush's death. Yet the Pentagon cannot point to any intelligence gains resulting from the techniques that have so tarnished America's image. That's because the techniques designed by communist interrogators were created to control a prisoner's will rather than to extract useful intelligence.

A full account of how our leaders reacted to terrorism by re-engineering Red Army methods must await an independent inquiry. But the SERE model's embrace by the Pentagon's civilian leaders is further evidence that abuse tantamount to torture was national policy, not merely the product of rogue freelancers. After the shock of 9/11 - when Americans desperately wanted mastery over a world that suddenly seemed terrifying - this policy had visceral appeal. But it's the task of command authority to connect means and ends rationally. The Bush administration has too frequently failed to do this. And so it is urgent that Congress step in to tie our detainee policy to our national interest.

M. Gregg Bloche is a law professor at Georgetown University and a visiting fellow at the Brookings Institution. Jonathan H. Marks, a barrister in London, is a bioethics fellow at Georgetown and Johns Hopkins.

Tuesday, November 01, 2005

Louisiana Sunset


LSU Lakes Dusk 3
Originally uploaded by Antifluff Superstar.

Louisiana Sunset


LSU Lakes Sunset
Originally uploaded by Antifluff Superstar.

“Online Freedom of Speech Act” is Rebublican Back Door for Unregulated Reporting of Political Ad's & Payoffs

The “Online Freedom of Speech Act” is OUTRAGEOUS!!
Especially since the Bush administration has been found to be “Buying News” ILLEGALLY!

SEE HERE: www.flickr.com/photos/antifluff/52562586/

This is how Bush became president for two terms. Control & manipulation ("Libby" leak as well to be sure) of "Jesus" via advertising channels presided over by Carl Rove. You can see the "911 Steel Beam Cross" for yourself if you click the link above...Baton Rouge, Louisiana July, 2005 "I'm with W how 'bout you" ... huge electronic Billboard Ad's along interstate I-10.


Synopsis:

"the Internet would become a free-fire zone without any limits on spending or reporting requirements. The bill uses freedom of speech as a fig leaf, pasted on in the guise of defending political bloggers from government censorship. In fact, bloggers face no such threat under the existing campaign law."



Editorial

The Digital Money Mill

Published: November 1, 2005

www.nytimes.com/2005/11/01/opinion/01tues3.html?th&em...


Now looms a wolfish assault in sheep's clothing: the Online Freedom of Speech Act, which House Republican leaders are suddenly planning to put to a vote on Wednesday so politicians can abuse the Internet as an unregulated outlet for multimillion-dollar advertising campaigns. The bill, put on a fast track in the hope that nobody notices outside the political-industrial complex, would exempt the Internet from the hard-won three-year-old reform law that stopped federal officials from tapping corporations, unions and fat cats for unregulated donations in the quid pro quo marketplace.

The reform law's ban on such "soft money" abuses would continue for political ads on radio and television and in print. But the Internet would become a free-fire zone without any limits on spending or reporting requirements. The bill uses freedom of speech as a fig leaf, pasted on in the guise of defending political bloggers from government censorship. In fact, bloggers face no such threat under the existing campaign law.

The Internet's power as a fund-raising tool has only begun to emerge. The House's greedy move to exempt the Web from the law of the land should be denied by any lawmaker mindful of polls showing that government corruption is a dominant public concern. Make no mistake: this is a bill to protect political bagmen, not bloggers.

Bush White House Abuse of - "War Powers in the Age of Terror"

SYNOPSIS:

"In the interests of national security today, we should curb presidential war-making powers. A hitherto compliant Congress must reclaim the institutional authority conferred upon it by the Constitution. When it comes to wars, the first responsibility of the legislative branch is not to support the commander in chief. It is to exercise independent judgment, an obligation that transcends party. Members of Congress who lack the wit or the moral courage to fulfill this obligation ought to be held accountable by voters."


Op-Ed Contributor

War Powers in the Age of Terror

By ANDREW J. BACEVICH

Published: October 31, 2005

www.nytimes.com/2005/10/31/opinion/31bacevich.html?th&amp...

Boston

WHEN senators this month asked Secretary of State Condoleezza Rice about possible military action against Syria or Iran, she recited the administration's standard response: all options remain "on the table." Pressed on whether any such action might require congressional authorization, Ms. Rice demurred. "I don't want to try and circumscribe presidential war powers," she said, adding that "the president retains those powers in the war on terrorism and in the war in Iraq."

Although Ms. Rice's evasion exhausted the committee's attention span, the war powers issue cries out for attention. In a post-9/11 world, what limits - if any - exist on the president's authority to use force?

The Constitution addresses the matter with apparent clarity. Article I, Section 8 assigns to Congress the authority "to declare war." After 1945, however, the perceived imperatives of waging the cold war all but nullified this provision. When it came to using force, presidents exercised wide discretion, ordering American troops into action and notifying Congress after the fact. The legislative branch no longer "declared" war; at most, it issued blank checks that the White House cashed at its convenience. Occasional efforts to constrain presidential freedom of action, like the Vietnam-inspired War Powers Resolution of 1973, accomplished little.

After 9/11, the Bush administration wasted little time in expanding executive prerogatives even further. Acting in his capacity as commander in chief, President Bush committed the nation to open-ended war on a global scale. Concluding that eradicating terrorism meant going permanently on the offensive, he promulgated a doctrine of preventive war. Finding that Saddam Hussein posed a clear and present danger, he moved to put this Bush Doctrine into effect in Iraq.

On Capitol Hill, the response to this sweeping assertion of presidential authority fell somewhere between somnolent and supine. With the administration gearing up to invade Iraq, the Congress roused itself just long enough to instruct the president in October 2002 to "defend the national security of the United States against the continuing threat posed by Iraq." As Lyndon Johnson did with the Tonkin Gulf Resolution of 1964, Mr. Bush interpreted this as a mandate to wage war however he saw fit, an interpretation that Secretary Rice has now reaffirmed.

Yet the brief history of America's global war on terrorism demonstrates the folly of allowing the executive branch a free hand in determining the scope and conduct of that conflict. Deference to Mr. Bush's fixation with Saddam Hussein has cost the United States dearly. To expand that misadventure will only drive those costs higher. Furthermore, an attack on either Syria or Iran, launched merely on the president's say-so, would produce a profound reaction, in all likelihood surpassing that induced by Richard Nixon's 1970 incursion into Cambodia.

In the interests of national security, earlier generations endowed whoever happened to occupy the Oval Office with the authority to unleash Armageddon. The perceived urgency of the Soviet threat took precedence over constitutional scruples. Deterring yesterday's enemy meant being able to wage war in an instant, with one man issuing the orders.

But defeating today's jihadists, who are unlikely to be impressed by the prospect of incineration, requires a different strategy. Victory will come when we have deprived violent radical Islam of its claim to legitimacy. Incorporating military power into that effort will require prudence - we have seen the consequences that rashness can produce. Hardly less important, sustaining military commitments once undertaken will demand a national consensus, which existed after 9/11 but which the present administration has since squandered.

In the interests of national security today, we should curb presidential war-making powers. A hitherto compliant Congress must reclaim the institutional authority conferred upon it by the Constitution. When it comes to wars, the first responsibility of the legislative branch is not to support the commander in chief. It is to exercise independent judgment, an obligation that transcends party. Members of Congress who lack the wit or the moral courage to fulfill this obligation ought to be held accountable by voters.

Andrew J. Bacevich, a professor of international relations at Boston University,is the author of "The New American Militarism: How Americans Are Seduced by War."

Former Powell Aide Says Bush Policy Is Run by 'Cabal'

This is the first thing I've read, from someone who would know, (Powell's former aide Lawrence Wilkerson) that acknowledges the real danger we are in with the Bush Administration running America.


"Mr. Wilkerson suggested that the dysfunction within the administration was so grave that "if something comes along that is truly serious, truly serious, something like a nuclear weapon going off in a major American city, or something like a major pandemic, you are going to see the ineptitude of this government in a way that will take you back to the Declaration of Independence."


Former Powell Aide Says Bush Policy Is Run by 'Cabal'
By BRIAN KNOWLTON

www.nytimes.com/2005/10/21/politics/21wilkerson.html?th&a...

Published: October 21, 2005


WASHINGTON, Oct. 20 - Secretary of State Colin Powell's former chief of staff has offered a remarkably blunt criticism of the administration he served, saying that foreign policy had been usurped by a "Cheney-Rumsfeld cabal," and that President Bush has made the country more vulnerable, not less, to future crises.

The comments came in a speech Wednesday by Lawrence Wilkerson, who worked for Mr. Powell at the State Department from 2001 to early 2005. Speaking to the New America Foundation, an independent public-policy institute in Washington, Mr. Wilkerson suggested that secrecy, arrogance and internal feuding had taken a heavy toll in the Bush administration, skewing its policies and undercutting its ability to handle crises.

"I would say that we have courted disaster, in Iraq, in North Korea, in Iran, generally with regard to domestic crises like Katrina, Rita - and I could go on back," he said. "We haven't done very well on anything like that in a long time."

Mr. Wilkerson suggested that the dysfunction within the administration was so grave that "if something comes along that is truly serious, truly serious, something like a nuclear weapon going off in a major American city, or something like a major pandemic, you are going to see the ineptitude of this government in a way that will take you back to the Declaration of Independence."

Mr. Wilkerson, a retired Army colonel and former director of the Marine Corps War College, said that in his years in or close to government, he had seen its national security apparatus twisted in many ways. But what he saw in Mr. Bush's first term "was a case that I have never seen in my studies of aberration, bastardizations" and "perturbations."

"What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues," he said.

The former aide referred to Mr. Bush as someone who "is not versed in international relations, and not too much interested in them, either." He was far more admiring of the president's father, whom he called "one of the finest presidents we've ever had."

Mr. Wilkerson has long been considered a close confidant of Mr. Powell, but their relationship has apparently grown strained at times - including over the question of unconventional weapons in Iraq - and the former colonel said Mr. Powell did not approve of his latest public criticisms.

Wednesday, October 19, 2005

Nazi Banker Thyssen & Prescott Bush Connection

Keeping It In The Family: The Bushes and the Nazis

Listen to the first Journalist in History to go the US National Archives and the Library of Congress to go over the Documents to Prove that Prescott Bush and George Herbert Walker Bush were Nazi traitors to the country who should have been tried for Treason.

QUICKTIME MOVIE: WATCH THIS!!!!!
70.84.33.210/%7Einfomedi/video/previews/150305martialprev...

Thyssen, Hitlers Angel has $3Million in US BANKS -Prescott Bush's Banking Relationship with Nazi Germany

Keeping It In The Family: The Bushes and the Nazis

Listen to the first Journalist in History to go the US National Archives and the Library of Congress to go over the Documents to Prove that Prescott Bush and George Herbert Walker Bush were Nazi traitors to the country who should have been tried for Treason.

QUICKTIME MOVIE: WATCH THIS!!!!!
70.84.33.210/%7Einfomedi/video/previews/150305martialprev...

Tuesday, October 18, 2005

SPYCHIPS - A Book about RFID Technology & How Government & Corporations Plan to Use it to Spy on YOU!


SPYCHIPS
Originally uploaded by Antifluff Superstar.
Unless you believe it's inevitable that you have a chip in ya... you might want to read this book.

RFID everywhere. It's coming, it's here and before long if we don't draft laws to limit the extent RFID can be used tracking people... then you can kiss freedom goodbye forever.

This ain't no joke.

Right now Wal Mart has over twice as much data stored as the internet.

Imagine this figure in Ten years including the goverment and all corporations.

Big Brother is Here.

________________________________________________
RFID stands for Radio Frequency IDentification. RFID uses tiny computer
chips, some smaller than a grain of sand, to track items from a
distance. Big business and big government want RFID chips to replace the
bar code. The chips can be embedded in ATM cards, sewn into the seams
of pants, or woven into shirt labels without their owners' knowledge.
The information on these chips can be read secretly, without your
permission, right through your purse, backpack or wallet.

Why Fight RFID?

Big business wants to use RFID to chip, number and track every item on
the planet -- every can of Coke, every car tire, every book, every
garment. They want to know where everything is at all times. By
association, they will be able to know very private details about the
people who buy, wear and interact with those products.

It's Already Started

Wal-Mart is already putting spychips on products. They've been caught
putting RFID tags in Lipfinity lipstick boxes, and just last week we
found an RFID tag on Hewlett-Packard printer/scanner packages in TEXAS!
You can see what we found by visiting our site at
www.spychips.com/protest/walmart/walmart-protest-details.....
_________________________________________________


Here's a News Letter from the SPYCHIPS author:

From: newsletter@nocards.org
Subject: Anti-RFID rally at Wal-Mart this Saturday in Dallas
Date: October 13, 2005 9:17:28 PM CDT
To: newsletter@nocards.org

Dear CASPIAN Members and supporters:

I'm flying into Dallas today for a showdown in the Lone Star State.

It's time to take a stand against spychipping companies and their RFID
tagging activities, and Wal-Mart is at the top of our list. They've
begun brazenly selling RFID-tagged items right under the noses of Texas
shoppers, and it needs to stop.

We're organizing this weekend to send Wal-Mart a clear message:

"Don't mess with Texas! No Spychips in the Store!"

My Spychips co-author, Liz McIntyre, and I will be on hand to help local
CASPIAN members alert the public and the media to Wal-Mart's use of RFID
in stores. We will lead a rally outside of a Dallas Wal-Mart Super
Center Saturday to raise awareness of RFID and demand that the company
immediately stop selling spychipped products.

For more details, see:
www.spychips.com/protest/walmart/walmart-protest-details....

Wal-Mart is the 800-pound gorilla of the retail industry, and other
retailers follow its lead. (We've just learned that Best Buy is
considering item-level RFID tagging for 2006. We're betting they'll
rethink those plans once they get hit with a consumer backlash of their
own!) By taking a stand now, we can prevent the spread of these tags.

I have organized five protests since I founded CASPIAN in 1999, and
every one has been a completely positive experience. People bring their
families, their golden retrievers, and their shared love of freedom, and
they leave with the satisfaction that only comes from taking a stand for
what's right. That's a lot in this increasingly apathetic world. And it
feels great.

We now have over 10,000 CASPIAN members around the world and plan to
work with local communities to organize similar events elsewhere. We
know you will prove us right when we say that Americans and people
everywhere else across the globe will fight back against big corporate
plans to number and track us all.

Let's show them that it won't be as easy as they think.

In freedom and with high hopes,

Katherine Albrecht
CASPIAN (Consumers Against Supermarket Privacy Invasion and Numbering)
www.spychips.com // www.nocards.org
Co-author of "Spychips: How Major Corporations and Government Plan to
Track Your Every Move with RFID"

=====================================================================
CASPIAN: Consumers Against Supermarket Privacy Invasion and Numbering
Opposing supermarket "loyalty" cards and other retail surveillance
schemes since 1999

www.spychips.com/
www.nocards.org/

You're welcome to duplicate and distribute this message to others who
may find it of interest.

Friday, October 14, 2005

Let the Indictments Begin

Delay was in Baton Rouge only weeks ago on the local news after Katrina, just smiling acting like he's your best buddy. Seeing all these politicians in Baton Rouge makes me ill. A bunch of white collar criminals. How many generations are going to have to pay for the setbacks done to america by the Bush Administration?

And I think all the time. These men, these people have children and grandchildren. Do they think about them at all? Judging by what I see I don't think they think much about anybody.

Raegan had over 100 Indictments in his administration. A record.

I think the Bush Administration could topple that easily if the truth be known. But alas, they cover up & conspire to obstruct Justice so well that they all may be untouchable.

Isn't that what the Bush Supreme Court Nominations are all about? Is it over for America? Is there even a shade of democracy left?


Is this another false begining, indictments & investigations going nowhere?

BUYING OF NEWS BY BUSH'S AIDES IS RULED ILLEGAL - NY Times

BUYING OF NEWS BY BUSH'S AIDES IS RULED ILLEGAL
October 1, 2005, Saturday
By ROBERT PEAR (NYT); National Desk
Late Edition - Final, Section A, Page 1, Column 1, 1021 words

DISPLAYING FIRST 50 OF 1021 WORDS -Federal auditors said on Friday that the Bush administration violated the law by buying favorable news coverage of President Bush's education policies, by making payments to the conservative commentator Armstrong Williams and by hiring a public relations company to analyze media perceptions of the Republican Party. In a blistering...

select.nytimes.com/gst/abstract.html?res=F30D10F638540C72...

Bunnatine Greenhouse at Army Core Engineers v.s. Halliburton No Bid Iraq Contracts

Provided:

An in depth article in Vanity Fair @ Halliburton in Iraq. Also some other related Links.

Commentary:

Given the lack of support for Katrina in New Orleans it's an astounding perspective... What Halliburton will do to make a buck while the People in America suffer needlessly and are in great danger from the negligence of George Bush tending to his cronies and Oil profits.

Halliburton is in Iraq making Billions while people die. And the Vice President of the United States was their CEO. That is a huge conflict of interest. There is without question foul play and Bunnatine Greenhouse has put her job on the line. She's been fighting to expose this to the public since 2004.

__________________________________________________________

Vanity Fair Article Synopsis: w/Links

In the aftermath of ethnic cleansing, when order had been restored to the Balkans, KBR had won its first LOGCAP contract: it would supply everything that occupying U.S. forces needed, from tents and mess halls to swimming pools and generators. The federal government would be trimmed, private industry would profit, soldiers would be snappily serviced. The original architect of this plan was Dick Cheney, then assistant secretary of defense under President George H. W. Bush. LOGCAP was a huge boon to KBR and its parent, Halliburton. Just four years later, Cheney was Halliburton's C.E.O.

In November 2004 the Pentagon would launch an investigation into allegations that two Halliburton employees in Kuwait had accepted bribes from third-party contractors, and the company would announce it had terminated its relationship with the subcontractors in question. A company spokeswoman, Wendy Hall, would say, "We are doing everything we can to make sure this particular scenario doesn't happen again." But deYoung says that that might be hard, given that a tone was set from the top. KBR chairman Jack Stanley was forced to leave the company in June 2004 for what Halliburton vaguely termed violations of business conduct. He is said to have received "improper personal benefits" involving a Swiss bank account which French investigators say contained $5 million in bribes for KBR contracts in Nigeria. Both the U.S. Justice Department and the Securities and Exchange Commission have launched formal investigations.

"My first day at Camp Cedar, I noticed flatbed trucks were bringing brand-new S.U.V.'s, like Toyota Land Cruisers, Hummers, 4Runners—some of the most expensive S.U.V.'s that money can buy. I saw hundreds of them going to Iraq." The S.U.V.'s weren't hauling anything, Warren says. They were just for KBR personnel to ride in from base to base. They had power windows and CD players. "You don't have CD players in a car in wartime," Warren says wonderingly. On such delicate vehicles, desert conditions were brutal. "Within 90 days," he says, "they were completely trashed."

"A majority of the goods we transported were transported the wrong way," Warren explains. "You can't haul paper towels and napkins on a flatbed when it's raining and there's no tarp. We lost millions of dollars of goods that scattered on the roads. Pants, boots, shirts, water.… And we couldn't stop to pick that stuff up. We told KBR time and again, You can't haul this stuff on a flatbed—you need it in a container. But they never did change. And what happens is, when you start losing things that way, you attract Iraqis. We had people following convoys so they could pick up stuff that fell off the truck."

That July, at the congressional hearing where both Wilson and Warren testified, a KBR supervisor said the truckers were fired for running Iraqi-driven cars off the road with their trucks. "I did do this," Warren says. "But Halliburton management had told us to do it!" Wilson agrees. "We were told when we went to Kuwait that we were to do whatever we could to protect the integrity of the convoy. Even if it meant running people off the road." A KBR project manager for transportation later testified that the army, which made all decisions about KBR convoy security, "does not direct KBR drivers to run civilian vehicles off the road."

www.vanityfair.com/commentary/content/articles/050307roco...


From 2004 when she first came out.
Behind the Halliburton investigation - Hardball with Chris Matthews - MSNBC.com
msnbc.msn.com/id/6358641/


ABC News: Army Faces Probe on No-Bid Deals With KBR
abcnews.go.com/Business/wireStory?id=194885


The Huffington Post | The Blog (June 27, 2005)
www.huffingtonpost.com/theblog/archive/charlie-cray/whist...


THE BRAD BLOG: "Whistleblowers Charge Pentagon Aided Halliburton" (June 30, 2005)
www.bradblog.com/archives/00001508.htm