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LEGAL ISSUES- CIVIL RIGHTS-TORTURE etc

Page history last edited by PBworks 16 years, 3 months ago
 
Thinking For Yourself

Is Now A Crime

By Paul Craig Roberts

1-6-8

                                                                                              

What was the greatest failure of 2007? President Bush's "surge" in Iraq? The decline in the value of the US dollar? Subprime mortgages? No. The greatest failure of 2007 was the newly sworn in Democratic Congress.
 
The American people's attempt in November 2006 to rein in a rogue government, which has committed the US to costly military adventures while running roughshod over the US Constitution, failed. Replacing Republicans with Democrats in the House and Senate has made no difference.
 
The assault on the US Constitution by the Democratic Party is as determined as the assault by the Republicans. On October 23, 2007, the House passed a bill sponsored by California Democratic congresswoman Jane Harman, chairwoman of a Homeland Security subcommittee, that overturns the constitutionally guaranteed rights to free expression, association, and assembly.
 
The bill passed the House on a vote of 404-6. In the Senate the bill is sponsored by Maine Republican Susan Collins and apparently faces no meaningful opposition.
 
Harman's bill is called the "<http://www.govtrack.us/congress/bill.xpd?bill=h110-1955>Violent Radicalization and Homegrown Terrorism Prevention Act."When HR 1955 becomes law, it will create a commission tasked with identifying extremist people, groups, and ideas. The commission will hold hearings around the country, taking testimony and compiling a list of dangerous people and beliefs. The bill will, in short, create massive terrorism in the United States. But the perpetrators of terrorism will not be Muslim terrorists; they will be government agents and fellow citizens.
 
We are beginning to see who will be the inmates of the detention centers being built in the US by Halliburton under government contract.
 
Who will be on the "extremist beliefs" list? The answer is: civil libertarians, critics of Israel, 9/11 skeptics, critics of the administration's wars and foreign policies, critics of the administration's use of kidnapping, rendition, torture and violation of the Geneva Conventions, and critics of the administration's spying on Americans. Anyone in the way of a powerful interest group--such as environmentalists opposing politically connected developers--is also a candidate for the list.
 
The "Extremist Beliefs Commission" is the mechanism for identifying Americans who pose "a threat to domestic security" and a threat of "homegrown terrorism" that "cannot be easily prevented through traditional federal intelligence or law enforcement efforts."
 
This bill is a boon for nasty people. That SOB who stole your girlfriend, that hussy who stole your boyfriend, the gun owner next door--just report them to Homeland Security as holders of extreme beliefs. Homeland Security needs suspects, so they are not going to check. Under the new regime, accusation is evidence. Moreover, "our" elected representatives will never admit that they voted for a bill and created an "Extremist Belief Commission" for which there is neither need nor constitutional basis.
 
That boss who harasses you for coming late to work--he's a good candidate to be reported; so is that minority employee that you can't fire for any normal reason. So is the husband of that good-looking woman you have been unable to seduce. Every kind of quarrel and jealousy can now be settled with a phone call to Homeland Security.
 
Soon Halliburton will be building more detention centers.
 
Americans are so far removed from the roots of their liberty that they just don't get it. Most Americans don't know what habeas corpus is or why it is important to them. But they know what they want, and Jane Harman has given them a new way to settle scores and to advance their own interests.
 
Even educated liberals believe that the US Constitution is a "living document" that can be changed to mean whatever it needs to mean in order to accommodate some new important cause, such as abortion and legal privileges for minorities and the handicapped. Today it is the "war on terror" that the Constitution must accommodate. Tomorrow it can be the war on whomever or whatever.
 
Think about it. More than six years ago the World Trade Center and Pentagon were attacked. The US government blamed it on al Qaeda. The 9/11 Commission Report has been subjected to criticism by a large number of qualified people--including the commission's chairman and co-chairman.
 
Since 9/11 there have been no terrorist attacks in the US. The FBI has tried to orchestrate a few, but the "terrorist plots" never got beyond talk organized and led by FBI agents. There are no visible extremist groups other than the neoconservatives that control the government in Washington. But somehow the House of Representatives overwhelmingly sees a need to create a commission to take testimony and search out extremist views (outside of Washington, of course).
 
This search for extremist views comes after President Bush and the Justice (sic) Department declared that the President can ignore habeas corpus, ignore the Geneva Conventions, seize people without evidence, hold them indefinitely without presenting charges, torture them until they confess to some made up crime, and take over the government by declaring an emergency. Of course, none of these "patriotic" views are extremist.
 
The search for extremist views follows also the granting of contracts to Halliburton to build detention centers in the US. No member of Congress or the executive branch ever explained the need for the detention centers or who the detainees would be. Of course, there is nothing extremist about building detention centers in the US for undisclosed inmates.
 
Clearly the detention centers are not meant to just stand there empty. Thanks to 2007's greatest failure--the Democratic Congress--there is to be an "Extremist Beliefs Commission" to secure inmates for Bush's detention centers.
 
President Bush promises us that the wars he has launched will cause the "untamed fire of freedom" to "reach the darkest corners of our world." Meanwhile in America the fire of freedom has not only been tamed but also is being extinguished.
 
The light of liberty has gone out in the United States.
 
Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review. He is coauthor of http://www.amazon.com/exec/obidos/ASIN/076152553X/counterpunchmaga
The Tyranny of Good Intentions.He can be reached at:
PaulCraigRoberts@yahoo.com

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The Homegrown Terrorism Prevention Act: A Tutorial in Orwellian Newspeak

by Robert Weitzel

“Political language has to consist largely of euphemisms . . . and sheer cloudy vagueness.”

- George Orwell -

H.R 1955: the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 recently passed by the House-a companion bill is in the Senate-is barely one sentence old before its Orwellian moment:

It begins, “AN ACT - To prevent homegrown terrorism, and for other purposes.”

Those whose pulse did not quicken at “other purposes” have probably not read George Orwell’s essay, “Politics and the English Language,” or they voted for the other George both times.

Orwell’s jeremiad on the corruption of the English language and its corrosive effect on a democracy was written two years before his novel 1984 spelled out in chilling detail the danger of Newspeak, which renders citizens incapable of independent thought by depriving them of the words necessary to form ideas other than those promulgated by the state.

After its opening “tribute” to Orwell, H.R 1955 is strategically peppered with Newspeak regarding the establishment of a National Commission and university-based Centers of Excellence to “examine and report upon the fact and causes of violent radicalization, homegrown terrorism, and ideologically based violence in the United States” and to make legislative recommendations for combating it.

The “sheer cloudy vagueness” of H.R 1955, as well as its terror factor, may account for its bipartisan 404-6 House vote but how, in an era informed by the Bush-Cheney administration’s egregious assault on the Bill of Rights, can the phrase “other purposes” fail to raise the “National Terror Alert” from its current threat level of “elevated” to “severe.”

Future “other purposes” will undoubtedly be justified by the Act’s use of the term “violent radicalization,” which it defines as “the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence . . .” or by the folksy, Lake Wobegonesque “homegrown terrorism,” defined as “the use, planned use, or threatened use, of force or violence by a group or individual born [or] raised . . . within the United States . . . to intimidate or coerce the United States, the civilian population . . . or any segment thereof . . . [italics added].”

In the service of some self-serving “other purposes,” will “extremist beliefs” become any belief the temporary occupants of the White House consider antithetical and threatening to their political agenda?

Will “ideologically based violence” or the use of “force” become little more than the mayhem resulting after a peaceful protest, daring to move beyond the barbed wire of the free speech zone, is attacked by a truncheon-wielding riot squad armed with tear gas, German Shepard dogs and water cannons?

Will the unarmed, constitutionally protected dissenters who are fending off blows or dog bites, or who are striking back in self-defense become “homegrown terrorists” and suffer draconian sentences for their attempt to “intimidate or coerce” the state with free thought and free speech?

A clue to future “other purposes” may lie in the Act’s parentage. The proud House “mother” of the Patriot Act’s evil twin is Rep. Jane Harmon (D-CA), chair of the Homeland Security Intelligence Subcommittee. Rep. Harmon has admitted to a long and productive relationship with the RAND Corporation, a California based think-tank with close ties to the military-industrial-intelligence complex. RAND’s 2005 study, “Trends in Terrorism,” contains a chapter titled, “Homegrown Terrorist Threats to the United States.” Is this Act a bastard child?

Keep in mind that the RAND Corporation was set up in 1946 by Army Air Force General Henry “Hap” Arnold as “Project RAND” sponsored by the Douglas Aircraft Company. Keep in mind also that Donald Rumsfeld was its chairman from 1981 to 1986 and Lewis “Scooter” Libby, Dick Cheney’s felonious former chief of staff, and Condoleezza Rice were trustees. Enough said!

RAND maintains that “homegrown terrorism” will not be the result of jihadist sleeper cells. Rather, it will result from anti-globalists and radical environmentalists who “challenge the intrinsic qualities of capitalism, charging that in the insatiable quest for growth and profit, the philosophy is serving to destroy the world’s ecology, indigenous cultures, and individual welfare.”

Further, RAND claims that anti-globalists and radical environmentalists “exist in much the same operational environment as al Qaida” and pose “a clear threat to private-sector corporate interests, especially large multinational business.” Therein lies the real “other purposes.”

Predictably then, H.R. 1955 is not about protecting homegrown Americans. That protection is only incidental to its “other purposes” of protecting homegrown corporate interest and its unconscionable manipulation of the American political process to fill its coffers. Any thought or speech or action- however protected it might be by the Bill of Rights-that threatens corporate hegemony and profit will no doubt suffer the “other purposes” clause of the Homegrown Terrorism Prevention Act.

Anyone doubting the Orwellian nature of a “bastard child” that equates anti-globalists and environmentalists with al Qaida terrorists will do well to read Orwell’s “Politics and the English Language” and to acquaint themselves with the fate of Winston Smith in 1984.

Robert Weitzel is a freelance writer whose essays appear in The Capital Times in Madison, WI. He has been published in the Milwaukee Journal Sentinel, Skeptic Magazine, Freethought Today, and on popular liberal websites. He can be contacted at: robertweitzel@mac.com.

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60 Comments so far  - here are two

  1. maxpayne December 1st, 2007 12:51 pm

    I’d expect this kind of a death blow when the GOP controls both the legislative branch and the White House but with Democrats in control of one or both, this is unacceptable. At this rate, I think we all better forget the Democrats altogether and start voting 3rd party more often. And no, Daniel David, putting Democrats in control of both chambers will NOT NOT NOT restore civil liberties !

  2. bandido December 1st, 2007 1:05 pm

    Sleep deprivation, stress positions, water boarding, that’s not torture, but opposing Bu$h and Uncle Dick, now that’s real terrorism for you.

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Waterboarding and every other form of torture are wrong. Now we have a chance to make this crystal clear in U.S. law.

 

President Bush's nominee for Attorney General, Michael Mukasey, claims current law is not specific enough for him to stand up and stop President Bush's misguided policy. He won't have any more excuses after this legislation passes.

 

Here's what's happening. Senator Ted Kennedy introduced the Torture Prevention and Effective Interrogation Act to make one basic reform: apply the Army Field Manual -- which prohibits brutal techniques like waterboarding -- to all U.S. government interrogators, not just those in the Department of Defense. With this simple measure, we will clarify the law this Administration has so shamefully distorted.

 

Stand with us against torture:

 

http://www.democraticmajority.com/torture

 

When Congress passed the Detainee Treatment Act of 2005, we recognized that the Army Field Manual embodies our most responsible interrogation techniques. It contains rules that protect our own personnel from torture, ensure that we collect only credible information in pursuing terrorists, and prevent the secret abuse of detainees.

 

The Bush Administration, however, exploited a loophole -- the Act applies only to the Department of Defense, not to other agencies like the CIA. The Bush Administration continued to rely on false and deceptive legal justifications for the brutal techniques we've heard so much about.

 

One Department of Justice memo defined torture so narrowly that "it must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." This outrageous reasoning contradicts the military's own established standards, flunks the fundamental test of human rights, and endangers Americans serving throughout the world.

 

The U.S Commander in Iraq, General David Petraeus, has denounced brutal interrogation techniques and said, "history shows that they also are frequently neither useful nor necessary."

 

Senator Kennedy's legislation ensures that our government honors its commitment to the basic rights enshrined in the Geneva Conventions. It will protect both the values we cherish as a free society and the lives of our servicemen and women overseas.

 

Make your own statement that torture is not an American value:

 

http://www.democraticmajority.com/torture

 

The Torture Prevention and Effective Interrogation Act is an opportunity to restate our commitment to the security and ideals of our country. It is an opportunity to repair some of the damage done to our international reputation by the Abu Ghraib scandal and the abuses at Guantanamo, restore our nation's role as a beacon for human rights, fair treatment, and the rule of law. It is an opportunity to protect our own brave servicemen and women from such tactics.

 

It's a simple measure that's long overdue.

 

Now it's up to Congress to restore the rest of the government to the principles of law and justice that make this country great. Show your support for the Torture Prevention and Effective Interrogation Act today:

 

http://www.democraticmajority.com/torture

 

 
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-------- Original Message --------
Subject: Today, at the prison at Guantánamo Bay...
Date: Thu, 8 Nov 2007 16:08:18 -0600 (CST)
From: Anthony D. Romero <executive_director@aclu.org>
Reply-To: Anthony D. Romero <executive_director@aclu.org>
Organization: ACLU
To:  

 

Working to End Torture

Observing Guantánamo hearings: ACLU attorney, Jamil Dakwar, is at Guantánamo Bay to observe the hearing of Omar Ahmed Khadr. Read his comments and observations about the hearing on the ACLU blog tomorrow.

Testifying before Congress: ACLU attorney, Amrit Singh, testified today before the House Judiciary Subcommittee looking into "enhanced" interrogation methods used on detainees in U.S. custody. Read more about her testimony.

Getting the facts: As a result of a Freedom of Information Act request filed by the ACLU, the third secret torture memo from Alberto Gonzales’ DOJ was revealed on Tuesday. Learn more about the documents and what they uncover.

Dear Friend,

ACLU attorney Jamil Dakwar is in Guantánamo Bay, Cuba serving as a human rights observer at the hearing of a Canadian citizen named Omar Ahmed Khadr. Khadr was only 15 years old when he was captured by U.S. forces in Afghanistan. This is his third hearing; the first two resulted in the charges against him being thrown out.

After nearly six years of disarray and uncertainty about how to prosecute the 320 remaining prisoners being held at Guantánamo Bay, the U.S. government has failed to complete a single trial. As the prisoners continue to languish without being charged or tried, one thing remains crystal clear: We cannot arbitrarily detain prisoners, deny them access to lawyers, and hold them indefinitely.

It is also clear that Congress cannot continue to put off taking action, they need to close Guantánamo Bay, restore habeas corpus and repudiate torture once and for all. In the meantime, you and I cannot wait for a change in Congress or the White House to demand that our leaders fix the damage done to the Constitution, our freedoms and our most fundamental American values over the last seven years.

That’s why we’re asking ACLU members to bring the discussion about these vital issues to their friends and family by hosting a screening of the powerful documentary, "Ghosts of Abu Ghraib," on or before December 10, International Human Rights Day. Sign up to host a screening.

We know for a fact that when they learn of the abuses being carried out in their name, the American people reject the use of torture and believe that our nation should uphold the rule of law. That is why the ACLU is calling on friends like you to help us educate and mobilize the public.

We won’t wait for ’08 to end torture, restore habeas corpus and close Guantánamo . We must act now. By hosting a screening of “Ghosts of Abu Ghraib,” you will increase awareness about the issues of torture, habeas corpus and due process. Raising awareness of these issues is essential as we fight to restore our Constitution and our most fundamental values.

All you need to host a viewing is a DVD player, a TV and guests. We’ll provide you with the tools you need to have a meaningful discussion.

Sign up to host a screening.

To think that it has taken almost six years for Khadr's hearing to take place underscores the fact that we can’t wait for ’08 to restore the Constitution; we must act now.

I hope you’ll consider hosting a viewing of this important documentary, and help build awareness about these fundamental issues. Thank you for your involvement and for standing up for freedom and the rule of law.

Sincerely,

Anthony D. Romero

Executive Director

© ACLU, 125 Broad Street, 18th Floor, New York, NY 10004

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October 29, 2007

The Wiretap This Time

Chicago

EARLIER this month, the Senate Intelligence Committee and the White House agreed to allow the executive branch to conduct dragnet interceptions of the electronic communications of people in the United States. They also agreed to “immunize” American telephone companies from lawsuits charging that after 9/11 some companies collaborated with the government to violate the Constitution and existing federal law. I am a plaintiff in one of those lawsuits, and I hope Congress thinks carefully before denying me, and millions of other Americans, our day in court.

During my lifetime, there has been a sea change in the way that politically active Americans view their relationship with government. In 1920, during my youth, I recall the Palmer raids in which more than 10,000 people were rounded up, most because they were members of particular labor unions or belonged to groups that advocated change in American domestic or foreign policy. Unrestrained surveillance was used to further the investigations leading to these detentions, and the Bureau of Investigation — the forerunner to the F.B.I. — eventually created a database on the activities of individuals. This activity continued through the Red Scare of the period.

In the 1950s, during the sad period known as the McCarthy era, one’s political beliefs again served as a rationale for government monitoring. Individual corporations and entire industries were coerced by government leaders into informing on individuals and barring their ability to earn a living.

I was among those blacklisted for my political beliefs. My crime? I had signed petitions. Lots of them. I had signed on in opposition to Jim Crow laws and poll taxes and in favor of rent control and pacifism. Because the petitions were thought to be Communist-inspired, I lost my ability to work in television and radio after refusing to say that I had been “duped” into signing my name to these causes.

By the 1960s, the inequities in civil rights and the debate over the Vietnam war spurred social justice movements. The government’s response? More surveillance. In the name of national security, the F.B.I. conducted warrantless wiretaps of political activists, journalists, former White House staff members and even a member of Congress.

Then things changed. In 1975, the hearings led by Senator Frank Church of Idaho revealed the scope of government surveillance of private citizens and lawful organizations. As Americans saw the damage, they reached a consensus that this unrestrained surveillance had a corrosive impact on us all.

In 1978, with broad public support, Congress passed the Foreign Intelligence Surveillance Act, which placed national security investigations, including wiretapping, under a system of warrants approved by a special court. The law was not perfect, but as a result of its enactment and a series of subsequent federal laws, a generation of Americans has come to adulthood protected by a legal structure and a social compact making clear that government will not engage in unbridled, dragnet seizure of electronic communications.

The Bush administration, however, tore apart that carefully devised legal structure and social compact. To make matters worse, after its intrusive programs were exposed, the White House and the Senate Intelligence Committee proposed a bill that legitimized blanket wiretapping without individual warrants. The legislation directly conflicts with the Fourth Amendment of the Constitution, requiring the government to obtain a warrant before reading the e-mail messages or listening to the telephone calls of its citizens, and to state with particularity where it intends to search and what it expects to find.

Compounding these wrongs, Congress is moving in a haphazard fashion to provide a “get out of jail free card” to the telephone companies that violated the rights of their subscribers. Some in Congress argue that this law-breaking is forgivable because it was done to help the government in a time of crisis. But it’s impossible for Congress to know the motivations of these companies or to know how the government will use the private information it received from them.

And it is not as though the telecommunications companies did not know that their actions were illegal. Judge Vaughn Walker of federal district court in San Francisco, appointed by President George H. W. Bush, noted that in an opinion in one of the immunity provision lawsuits the “very action in question has previously been held unlawful.”

I have observed and written about American life for some time. In truth, nothing much surprises me anymore. But I always feel uplifted by this: Given the facts and an opportunity to act, the body politic generally does the right thing. By revealing the truth in a public forum, the American people will have the facts to play their historic, heroic role in putting our nation back on the path toward freedom. That is why we deserve our day in court.

Studs Terkel is the author of the forthcoming “Touch and Go: A Memoir.”

 

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Fri Oct 26, 2007 10:53am EDT
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PARIS (Reuters) - Human rights groups have filed a lawsuit in France alleging that former U.S. defense secretary Donald Rumsfeld allowed torture at U.S.-run detention centers in Iraq and Guantanamo Bay in Cuba.

The plaintiffs, which include the French-based International Federation of Human Rights Leagues (FIDH) and the U.S. Center for Constitutional Rights (CCR), say Rumsfeld authorized interrogation techniques that led to rights abuses.

The United States says it does not torture, though it has authorized several methods widely condemned by rights groups such as exposure to extreme temperatures and 'waterboarding', or simulated drowning.

"We will only stop once the American authorities involved in the torture program are brought to justice," CCR chief Michael Ratner said in a statement posted on the FIDH Web site.

"Donald Rumsfeld must understand that he has nowhere to hide. A torturer is an enemy of humanity," he added.

The plaintiffs argue in their filing, which was also posted on the FIDH Web site, that French courts have universal jurisdiction -- allowing them to try foreigners in cases that occurred abroad -- under the 1984 Convention Against Torture.

They said Rumsfeld was visiting France on Friday and called for him to be detained.

"Rumsfeld's presence on French territory gives the French courts the authority to try him, in that he ordered and authorized torture and other inhuman and degrading treatment on detainees at Guantanamo, Abu Ghraib and elsewhere," the FIDH said in its statement.

The Abu Ghraib jail in Iraq hit the headlines in April 2004 when details of the physical abuse and sexual humiliation of Iraqi prisoners by U.S. soldiers were made public, badly damaging the reputation of the U.S. military.  Continued...

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