Bush in the dock? Don’t count on it

August 1, 2008
But that doesn’t mean the next president can’t hold this administration accountable.
Rosa Brooks | Los Angeles Times, July 31, 2008

Even war criminals have fan clubs. On Tuesday, 15,000 people in Belgrade, Serbia, protested the transfer of indicted war criminal Radovan Karadzic to the International Criminal Tribunal at The Hague. Karadzic is implicated in torture, rape, murder and genocide, but to some self-styled Serbian patriots, these are mere details. “Long Live Radovan!” chanted the protesters.

For the many Americans who read of Karadzic’s arrest but wondered, “Yes, great — and when will George W. Bush and Dick Cheney face trial for war crimes?” this is something to keep in mind. Karadzic was the leader of a small, unrecognized rogue republic and presided over a genocide — but he evaded justice for more than a decade and still keeps a loyal fan base.

Bush and Cheney are the leaders of the most powerful state in the world, and their misdeeds, though egregious, aren’t on the same level as Karadzic’s. (Unless — ahem — you count the Iraq war, on the “it was all a tissue of lies” theory. But for the sake of the argument, let’s give them the benefit of the doubt.) So no one should be surprised that there’s still a Bush fan club (albeit a small one) or that the prospects of criminal proceedings against the president and his henchmen are virtually nonexistent.

It’s not that Bush, Cheney and Co. don’t deserve to end up in the dock. Retired Army Maj. Gen. Antonio Taguba, who was commissioned by the Pentagon in 2004 to investigate the abuses at Abu Ghraib, recently concluded that “the commander in chief and those under him authorized a systematic regime of torture. … A government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. … There is no longer any doubt as to whether the current administration has committed war crimes.”

The human cost of those crimes? It’s hard to say for sure, given the administration’s penchant for secrecy (understandable, because the president was warned as early as January 2002 of “the threat of domestic criminal prosecution under the War Crimes Act” by his then-chief counsel, Alberto Gonzales). But when the nongovernmental Detainee Abuse and Accountability Project examined thousands of pages of internal government records, it documented more than 330 cases “in which U.S. military and civilian personnel are credibly alleged to have abused or killed detainees” at “U.S. facilities throughout Afghanistan, Iraq and at Guantanamo Bay.”

A McClatchy Newspaper Group report released a few weeks ago came to a similar conclusion, finding that brutal mistreatment of prisoners was routine in Afghanistan and at Guantanamo, even though in many cases the abused detainees had no ties to Al Qaeda.

Did all this violate U.S. and international law? You betcha. The U.S. is party to the U.N. Convention Against Torture, and torture is also a federal crime. At the time most of the abuses were committed, the War Crimes Act also criminalized violations of Common Article 3 of the Geneva Conventions, which prohibits “cruel treatment and torture [and] outrages upon personal dignity.” And under the doctrine of “command responsibility,” senior civilian and military leaders could all face criminal liability for authorizing or tolerating the abuses.

But don’t hold your breath. As far back as 2001, administration lawyers were crafting legal opinions designed to shelter their bosses from any future criminal liability, and much evidence has since been hidden and destroyed. Then in 2006, the GOP-dominated Congress amended the War Crimes Act — with retroactive effect — to make future prosecutions almost impossible.

In any case, neither Democrats nor Republicans have the stomach for criminal proceedings against high-ranking current or former officials who still retain substantial public support. Meanwhile, no international tribunal is ever likely to have jurisdiction over the U.S. participants involved in the abuses.

But that doesn’t mean we should give up on accountability. John McCain and Barack Obama should be urged to establish a high-level, nonpartisan “truth commission” with robust subpoena powers early in 2009. That commission should investigate, hold hearings and issue a public report on responsibility for torture, war crimes and other abuses committed during the Bush administration.

Such a panel wouldn’t satisfy those who’d like to see Bush and Cheney in prison garb, but it would be a major step toward undoing the damage the administration did to our reputation as a nation committed to human rights. And as more incriminating details come out — and they will — some Bush-Cheney fan club members might even turn in their membership cards.

rbrooks@latimescolumnists.com

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Nancy Pelosi Hasn’t Been Paying Attention

August 1, 2008

The Progressive, July 28, 2008

By Matthew Rothschild

Nancy Pelosi

There she was on The View on Monday, and Joy Behar, a good progressive, actually asked her a decent question on why she wasn’t pursuing impeachment.

Pelosi’s response was unbelievable: “If somebody had a crime that the president had committed, that would be a different story.”

You’ve got to be kidding me!

For starters, Bush himself admitted that he wasn’t obeying the FISA law when he was spying on people without first getting a warrant from the FISA court as required explicitly in the statute.

Then there is the torture and kidnapping that he has countenanced. That violates U.S. statutes and treaties.

And what about the wholesale corrupting of the Justice Department, which pursued political prosecutions and illegally discriminated against prospective employees on the basis of their personal views?

Then there’s the outing of Valerie Plame, and the cover up of that outing.

And what greater crime can you commit than waging a war of aggression and lying a country into war?

The evidence on impeachment, as Dennis Kucinich has courageously and thoroughly demonstrated, is overwhelming. On Democracy Now, Kucinich responded to Pelosi’s claim.

And for a breakdown of the statutes, Constitutional articles, and treaties that Bush has violated, go to AfterDowningStreet.org, and in particular, to http://www.pubrecord.org/docs/vega/kucinich-bush-articles-of-impeachment-violations.pdf.

How much more does Nancy Pelosi need?

This is not a case of political tag or gotcha.

This is about the Constitution and the rule of law.

That Nancy Pelosi can fob it off so facilely just shows how derelict she is in her duties.

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Strike On Iran Still Possible, US Tells Israel

August 1, 2008
Ehud Barak, the Israeli defense chief, is visiting as Washington is perceived to be softening its stance toward Tehran.
By Paul Richter and Julian E. Barnes, Los Angeles Times Staff Writers
July 30, 2008
WASHINGTON — Bush administration officials reassured Israel’s defense minister this week that the United States has not abandoned all possibility of a military attack on Iran, despite widespread Israeli concern that Washington has begun softening its position toward Tehran.

In meetings Monday and Tuesday, administration officials told Defense Minister Ehud Barak that the option of attacking Iran over its nuclear program remains on the table, though U.S. officials are primarily seeking a diplomatic solution.

At the same time, U.S. officials acknowledged that there is a rare divergence in the U.S. and Israeli approaches, with Israelis emphasizing the possibility of a military response out of concern that Tehran may soon have the know-how for building a nuclear bomb.

“Is there a difference of emphasis? It certainly looks as though there is,” said a senior American Defense official, speaking on condition of anonymity when discussing the sensitive talks.

U.S. and Israeli officials believe Iran is enriching uranium with the aim of building nuclear weapons.

Tehran says that it is engaged in a peaceful enrichment program for civilian energy purposes.

Pentagon Press Secretary Geoff Morrell said in an interview that U.S. officials have often made it clear to Israeli officials that Washington prefers to try to mitigate the threat from Tehran by applying economic pressure.

“The military option, although always available, is not our preferred route,” Morrell said.

“We have made that point clear to them and the world in our public statements and private meetings.”

Barak left Israel for Washington amid reports in the Israeli press that he would try to talk the Bush administration out of what many Israelis perceive as a more conciliatory policy toward Iran.

On Tuesday, the Israeli Defense Ministry released a statement saying that Barak had told Defense Secretary Robert M. Gates that “a policy that consists of keeping all options on the table must be maintained.”

Speaking to reporters in Washington, Barak said that there remains time for “accelerated sanctions” to try to persuade Iran to abandon the nuclear program.

Israeli officials were concerned in December when a key U.S. intelligence report concluded that Iran had abandoned an effort to build a nuclear bomb. They also have noted with concern comments this month by Navy Adm. Michael G. Mullen, chairman of the Joint Chiefs of Staff, that an Israeli airstrike on Iran would further destabilize the Middle East and compound the strain on overworked U.S. forces.

Also this month, in a rare move toward engagement with Tehran, a senior U.S. diplomat took part in international talks in Geneva about the nuclear program.

And U.S. officials have floated a proposal for opening a low-level diplomatic office in Tehran.

These gestures have taken place at a time of intensifying discussion in Israel about the wisdom of an Israeli military attack on Iran before the Bush administration leaves office.

A senior State Department official said Tuesday that Israel “is a sovereign state and we understand that they view this as an existential threat. And we take the threat that’s posed by Iran seriously as well.”

But the official, who asked to remain unidentified in keeping with diplomatic rules, said the administration is “pursuing the strategy we believe is the right one.”

Gates, in an hourlong meeting with Barak, told the minister that the United States intends to consider providing radar to Israel that can detect ballistic missiles launched from Iran and supplying weapons to counter rocket attacks from Lebanon and the Gaza Strip, according to a senior Defense official.

paul.richter@latimes.com

julian.barnes@latimes.com

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MIDEAST: Arabs Despair of U.S. Even More

August 1, 2008

Analysis by Adam Morrow and Khaled Moussa al-Omrani

CAIRO, Jul 31 (IPS) – For decades, the U.S. has jealously guarded its role of sole arbiter of the Arab-Israeli dispute. In light of recent shows of support for Israel by U.S. presidential hopeful Barack Obama, however, many Arabs fear that Zionist influence on the U.S. body politic — across the political spectrum — has made the notion of ‘U.S. even-handedness’ a contradiction in terms.

“When it comes to the Middle East conflict, the Arabs no longer see any difference between Republicans and Democrats,” Ahmed Thabet, political science professor at Cairo University told IPS. “Both parties vie with one another in expressing total support for Israel.”

In a speech before Israeli parliament in May, U.S. President George W. Bush went further than any of his predecessors in voicing praise for the self-proclaimed Jewish state. Referring to Israelis as a “chosen people”, Bush pledged Washington’s unwavering support against Israel’s traditional nemeses, including Iran and resistance parties Hamas and Hezbollah.

In statements heavy on “Judeo-Christian” religious references, Bush went on to describe Washington’s alliance with Israel as “unbreakable”.

Similar sentiments have been echoed by Bush’s would be Republican successor, Senator John McCain, who has also pledged “eternal” U.S. support for Israel.

“Israel and the U.S. must always stand together,” McCain declared before the powerful American Israel Public Affairs Committee (AIPAC) in early June. “We are the most natural of allies. And, like Israel itself, that alliance is for ever.”

Calling Israel “an inspiration to free nations everywhere,” McCain barely addressed longstanding Palestinian aspirations for statehood. Like Bush, he denounced regional actors opposed to Israel’s occupation of Arab land, referring to Hamas as “the terrorist-led group in charge of Gaza.”

Neither Bush nor McCain so much as mention — let alone criticise — Israel’s inhumane treatment of Palestinian populations in the West Bank and the Gaza Strip. This treatment includes frequent military assaults often targeting civilians, the use of ‘targeted assassinations’, the ongoing siege of the Gaza Strip (which has brought that territory to the brink of starvation), continued construction of Jewish-only settlements on occupied Palestinian land, and the forced removal of non-Jewish, Arab inhabitants from the city of Jerusalem.

Arab analysts, meanwhile, express little surprise at such blatant pro-Israel bias, coming as it does from a political party thoroughly influenced by the so-called “neo-conservative” movement, of which Israeli ascendancy is a central tenet.

More disturbing to Arab critics of U.S. policy is the fact that Democratic presidential contenders have shown just as much zeal for Israeli supremacy as their Republican rivals.

In his own speech to AIPAC in early June, Obama stressed the need for a “more nuanced” approach to U.S. Middle East peacemaking. He stunned many, however, when he went on to state that Jerusalem would “remain the capital of Israel, and it must remain undivided.”

Although Israel has occupied East Jerusalem since 1967, its claim to the city has never been recognised by the international community. Officially, the status of Jerusalem — which Palestinians also want as capital of their future state — is supposed to be determined in long-awaited “final status” negotiations.

Continued . . .

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Making Nuclear Extermination Respectable

August 1, 2008
James Petras | The Palestine Chronicle, July 30, 2008
‘Morris is a frequent lecturer and consultant to the Israeli political and military establishment.’

On July 18, 2008 the New York Times published an article by Israeli-Jewish historian, Professor Benny Morris, advocating an Israeli nuclear-genocidal attack on Iran with the likelihood of killing 70 million Iranians — 12 times the number of Jewish victims in the Nazi holocaust:

Iran’s leaders would do well to rethink their gamble and suspend their nuclear program. Barring this, the best they could hope for is that Israel’s conventional air assault will destroy their nuclear facilities. To be sure, this would mean thousands of Iranian casualties and international humiliation. But the alternative is an Iran turned into a nuclear wasteland.

Morris is a frequent lecturer and consultant to the Israeli political and military establishment and has unique access to Israeli strategic military planners. Morris’ advocacy and public support of the massive, brutal expulsion of all Palestinians is on public record. Yet his genocidal views have not precluded his receiving numerous academic awards. His writings and views are published in Israel’s leading newspapers and journals. Morris’ views are not the idle ranting of a marginal psychopath, as witnessed by the recent publication of his latest op-ed article in the New York Times.

What does the publication by the New York Times of an article, which calls for the nuclear incineration of 70 million Iranians and the contamination of the better part of a billion people in the Middle East, Asia and Europe, tell us about US politics and culture? For it is the NYT, which informs the ‘educated classes’ in the US, its Sunday supplements, literary and editorial pages and which serves as the ‘moral conscience’ of important sectors of the cultural, economic and political elite.

The New York Times provides a certain respectability to mass murder, which Morris’ views otherwise would not possess if say, they were published in the neo-conservative weeklies or monthlies. The fact that the NYT considers the prospect of an Israeli mass extermination of millions of Iranians part of the policy debate in the Middle East reveals the degree to which Zionofascism has infected the ‘higher’ cultural and journalist circles of the United States. Truth to say, this is the logical outgrowth of the Times‘ public endorsement of Israel’s economic blockade to starve 1.4 million Palestinians in Gaza; the Times’ cover-up of Israeli-Zionist-AIPAC influence in launching the US invasion of Iraq leading to over one million murdered Iraqi citizens.

The Times sets the tone for the entire New York cultural scene, which privileges Israeli interests, to the point of assimilating into the US political discourse not only its routine violations of international law, but its threats, indeed promises, to scorch vast areas of the earth in pursuit of its regional supremacy. The willingness of the NYT to publish an Israeli genocide-ethnocide advocate tells us about the strength of the ties between a purportedly ‘liberal establishment’ pro-Israel publication and the totalitarian Israeli right: It is as if to say that for the liberal pro-Israel establishment, the non-Jewish Nazis are off limits, but the views and policies of Judeo-fascists need careful consideration and possible implementation.

Morris’ New York Times ‘nuclear-extermination’ article did not provoke any opposition from the 52 Presidents of the Major American Jewish Organizations (PMAJO) because, in its daily information bulletin, Daily Alert, it has frequently published articles by Israeli and US Zionists advocating an Israeli and/or US nuclear attack on Iran. In other words, Morris’ totalitarian views are part of the cultural matrix deeply embedded in the Zionist organizational networks and its extensive ‘reach’ in US cultural and political circles. What the Times did in publishing Morris’ lunacy has taken genocidal discourse out of the limited circulation of Zionist influentials and into the mainstream of millions of American readers.

Apart from a handful of writers (Gentile and Jewish) publishing in marginal web sites, there was no political or moral condemnation from the entire literary, political and journalistic world of this affront to our humanity. No attempt was made to link Morris’ totalitarian genocidal policies to Israel’s public official threats and preparations for nuclear war. There is no anti-nuclear campaign led by our most influential public intellectuals to repudiate the state (Israel) and its public intellectuals who prepare a nuclear war with the potential to exterminate more than ten times the number of Jews slaughtered by the Nazis.

A nuclear incineration of the nation of Iran is the Israeli counterpart of Hitler’s gas chambers and ovens writ large. Extermination is the last stage of Zionism: Informed by the doctrine of rule the Middle East or ruin the air and land of the world. That is the explicit message of Benny Morris (and his official Israeli sponsors), who like Hitler, issues ultimatums to the Iranians, ‘surrender or be destroyed’ and who threatens the US, join us in bombing Iran or face a world ecological and economic catastrophe.

That Morris is utterly, starkly and clinically insane is beyond question. That the New York Times in publishing his genocidal ravings provides new signs of how power and wealth has contributed to the degeneration of Jewish intellectual and cultural life in the US. To comprehend the dimensions of this decay we need only compare the brilliant tragic-romantic German-Jewish writer, Walter Benjamin, desperately fleeing the advance of totalitarian Nazi terror to the Israeli-Jewish writer Benny Morris’ criminal advocacy of Zionist nuclear terror published in the New York Times.

The question of Zionist power in America is not merely a question of a ‘lobby’ influencing Congressional and White House decisions concerning foreign aid to Israel. What is at stake today are the related questions of the advocacy of a nuclear war in which 70 million Iranians face extermination and the complicity of the US mass media in providing a platform, nay a certain political respectability for mass murder and global contamination. Unlike the Nazi past, we cannot claim, as the good Germans did, that ‘we did not know’ or ‘we weren’t notified’, because it was written by an eminent Israeli academic and was published in the New York Times.

-James Petras, a former Professor of Sociology at Binghamton University, New York, owns a 50-year membership in the class struggle, is an adviser to the landless and jobless in Brazil and Argentina, and is co-author of Globalization Unmasked (Zed Books). Petras’ forthcoming book, Zionism and US Militarism, is due from Clarity Press, Atlanta, in August 2008. He contributed this article to PalestineChronicle.com. Contact him at: jpetras@binghamton.edu.

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Military censorship of the war in Iraq

July 31, 2008

By Naomi Spencer | WSWS, 31 July 2008

Five years of bloody US occupation have seen numerous crimes against humanity unfold in Iraq. Millions of Iraqi civilians have been killed and wounded, with millions more made into refugees. Ancient, once-vibrant cities have been destroyed by air raids and chemical weapons. Thousands of Iraqis have imprisoned by the US military in barbaric conditions, and in many cases tortured. In carrying out the occupation, more than 4,400 military personnel—most of them American—have died and tens of thousands have been wounded.

Little reflection of these realities is to be found, however, in the US media, particularly in visual form. Censorship by the military—and self-censorship by media outlets—is part of an effort by the ruling elite to sanitize the war and keep the American public in the dark about its real nature.

As highlighted in a July 26 piece in the New York Times, titled “4,000 U.S. Deaths, and a Handful of Images,” very few photographs of the occupation have trickled out from the military-embedded journalists and been released by the American media. The military and Bush administration have imposed rules barring photos of flag-draped caskets, as well as documentation of battlefield casualties in which faces, ranks, or other identifiers are visible.

The Times notes, “Even memorial services for killed soldiers, once routinely open, are increasingly off limits. Detainees were widely photographed in the early years of the war, but the Department of Defense, citing prisoners’ rights, has recently stopped that practice as well.” Journalists have also been forbidden from releasing images showing what the military deems to be sensitive information—anything from an image of American weaponry to the aftermath of an insurgent strike.

Journalists interviewed by the Times said that even tighter rules imposed last year, requiring written permission from wounded soldiers before their images could be used, were nearly impossible to satisfy in the case of seriously wounded and dying soldiers.

“While embed restrictions do permit photographs of dead soldiers to be published once family members have been notified,” the Times commented, “in practice, the military has exacted retribution on the rare occasions that such images have appeared.”

Clearly, none of these restrictions have anything to do with “prisoners’ rights” or respect for the families of fallen soldiers. To the contrary, the military’s intent is to obscure from the American people the hellish reality in which prisoners and US soldiers alike have found themselves. Indeed, while employing typical military jargon and doublespeak, Defense Department officials make no secret of the subject: free and easy access to photographs, print journalism, and first-hand accounts of the war are a “vulnerability” for US imperialism because it fuels antiwar sentiment in the population and within the military.

Continued . . .

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Let’s Speak the Truth About Afghanistan

July 31, 2008

The Huffington Post, Posted July 30, 2008 | 12:55 PM (EST)

By Eric Margolis

NEW YORK — During his triumphant European tour, Senator Barack Obama again urged NATO’s members to send more troops to Afghanistan and called the conflict there, “the central front in the war on terror.” Europe’s response ranged from polite evasion to downright frosty.

It is unfortunate that Obama has adopted President George Bush’s misleading terminology, “war on terror,” to describe the conflict between the United States and anti-American groups in the Muslim world. Like many Americans, he and his foreign policy advisors are sorely misinformed about the reality of Afghanistan.

One understands Obama’s need to respond with martial élan to rival John McCain’s chest-thumping about “I know how to win wars.” Polls put McCain far ahead of Obama when it comes to being a war leader. But Obama’s recent proposal to send at least 7,000 more U.S. troops to Afghanistan, and his threats to attack Pakistan’s territory, and warnings about Islamabad’s nuclear forces, show poor judgment and lack of knowledge.

The United States is no longer “fighting terrorism” in Afghanistan, as Bush, Obama and McCain insist. The 2001 U.S. invasion was a legitimate operation against al-Qaeda, a group that properly fit the role of a “terrorist organization.” But, contrary to the White House’s wildly inflated claims that Osama bin Laden’s al-Qaeda was a worldwide conspiracy, it never numbered more than 300 hard core members. Bin Laden and his jihadis long ago scattered into all corners of Pakistan and elsewhere. Only a handful remain in Afghanistan.

Continued . . .

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The Impeachment Hearing: A Victory and a Challenge

July 31, 2008

By DAVE LINDORFF | Counterpunch, July 30, 2008

The dramatic hearing on presidential crimes and abuses of power held on Friday by the House Judiciary Committee was both a staged farce, and at the same time, a powerful demonstration of the power of a grassroots movement in defense of the Constitution. It was at once both testimony to the cowardice and self-inflicted impotence of Congress and of the Democratic Party that technically controls that body, and to the enormity of the damage that has been wrought to the nation’s democracy by two aspiring tyrants in the White House.

As Rep. John Conyers (D-MI), chairman of the committee, made clear more than once during the six-hour session, this was “not an impeachment hearing, however much many in the audience might wish it to be” He might well have added that he himself was not the fierce defender of the Constitution and of the authority of Congress that he once was before gaining control of the Judiciary Committee, however much his constituents, his wife, and Americans across the country might wish him to be.

At the same time, while the hearing was strictly limited to the most superficial airing of Bush administration crimes and misdemeanors, the fact that the session—technically an argument in defense of 26 articles of impeachment filed in the House over the past several months by Rep. Dennis Kucinich (D-OH)–was nonetheless a major victory for the impeachment movement. It happened because earlier in the month, House Speaker Nancy Pelosi (D-CA), who has sworn since taking control of the House in November 2006, that impeachment would be “off the table” during the 110th Congress, called a hasty meeting with Majority Leader Rep. Steny Hoyer (D-MD), Rep. Conyers, and Rep. Kucinich, and called for such a limited hearing.

It was no coincidence that shortly before Pelosi’s backdown, peace activist and Gold Star mother Cindy Sheehan announced that her campaign had collected well over the 10,000 signatures necessary to qualify for listing on the ballot as an independent candidate for Congress against Pelosi in the Speaker’s home district in San Francisco. Sheehan has been an outspoken advocate of impeaching both Bush and Cheney. “Pelosi is trying to throw a bone to her constituents by allowing a hearing on impeachment,” said Sheehan, who came to Washington, DC to attend. “It’s just like her finally stating publicly that Bush’s presidency is a failure—something it has taken her two years to come to, but which we’ve been saying for years.”

So determined were Pelosi and Conyers to limit the scope and intensity of the hearing that they acceded to a call for Republicans on the Judiciary Committee to adhere to Thomas Jefferson’s Rules of the House, which prohibit any derogatory comments about the President, which was interpreted by Chairman Conyers as meaning no one, including witnesses or members of the committee, could suggest that Bush had lied or deceived anyone. Since a number of Rep. Kucinich’s proposed articles of impeachment specifically charge the president with lying to Congress and the American People, this made for some comic moments, with witness Bruce Fein, a former assistant attorney general under former President Ronald Reagan, to say he would reference his listing of crimes to the “resident” of the White House.

Continued . . .

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Bush’s Legacy of Torture

July 31, 2008

Truthdig, posted July 28, 2008

By Eugene Robinson

I still find it hard to believe that George W. Bush, to his eternal shame and our nation’s great discredit, made torture a matter of hair-splitting, legalistic debate at the highest levels of the United States government. But that’s precisely what he did.

Three previously classified administration memos obtained last week by the American Civil Liberties Union add to our understanding of this disgraceful episode. The documents are attempts to justify the unjustifiable—the use of brutal interrogation methods that international agreements define as torture—and keep those who ordered and carried out this dirty business from being prosecuted and jailed.

The memos don’t call it torture, of course. Heavily redacted before being surrendered to the ACLU under a Freedom of Information Act lawsuit, the documents refer euphemistically to “enhanced techniques” of interrogation. Changing the name doesn’t change the act, however. One memo, written in 2004, specifically makes clear the administration’s view that “the waterboard” is an acceptable way to extract information.

Waterboarding, a technique of simulated drowning, is considered torture virtually everywhere on earth except in the Bush administration’s archive of self-exculpatory memos, directives and opinions.

The most stunning of the memos—written in August 2002 by Jay Bybee, who was head of the Justice Department’s Office of Legal Counsel—makes the incredible claim that unless a torturer has the “specific intent to inflict severe pain or suffering,” no violation of U.S. laws against torture has occurred. Bybee, since appointed to the federal bench, wrote that the torturer needed only the “honest belief” that he was not actually committing torture in order to avoid legal jeopardy. Oh, and Bybee added that it wasn’t even necessary for that belief to be “reasonable.”

The memo notes that U.S. torture statutes outlaw the infliction of severe mental pain, as well as physical pain. It acknowledges that “the threat of imminent death” is one of the specific acts that can constitute torture. Somehow, though, the administration pretends not to understand that strapping a prisoner down and pouring water into his nose until he can’t breathe constitutes a death threat—regardless of whether the interrogator intended to stop before the prisoner actually drowned.

Perhaps that question was dealt with in the nine-tenths of the memo that was redacted before the administration handed it over to the ACLU. The memo never would have been released at all if the government hadn’t been ordered to do so by a federal judge.

The whole thing would be laughable if it were not such a rank abomination. No government obeying the law needs a paper trail to absolve its interrogators of committing torture. Conversely, a government that produces such a paper trail has something monstrous to hide.

It is not difficult to avoid violating federal laws and international agreements that prohibit torture. Just don’t torture people, period. The idea that there exists some acceptable middle ground—a kind of “torture lite”—is a hideous affront to this nation’s honor and values. This, perhaps above all, is how George Bush should be remembered: as the president who embraced torture.

I wouldn’t be surprised if, as he left office, Bush issued some sort of pardon clearing those who authorized or carried out “enhanced techniques” of interrogations from any jeopardy under U.S. law. International law is something else entirely, however, and I imagine that some of those involved in this sordid interlude might want to be careful in choosing their vacation spots. I’d avoid The Hague, for example.

Barack Obama has stood consistently against torture. John McCain, who was tortured himself as a prisoner of war in Vietnam, has denounced torture as well—and, although he voted against restraining the CIA with the same no-exceptions policy that now applies to military interrogators, he has been forthright in saying that waterboarding is torture, and thus illegal. On Inauguration Day, whoever wins, this awful interlude will end.

The clear and urgent duty of the next president will be to investigate the Bush administration’s torture policy and give Americans a full accounting of what was done in our name. It’s astounding that we need some kind of truth commission in the United States of America, but we do. Only when we learn the full story of what happened will we be able to confidently promise, to ourselves and to a world that looks to this country for moral leadership: Never again.

Eugene Robinson’s e-mail address is eugenerobinson(at)washpost.com.

© 2008, Washington Post Writers Group

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Forget the Surge — Violence Is Down in Iraq Because Ethnic Cleansing Was Brutally Effective

July 30, 2008

By Juan Cole, JuanCole.com. Alternet, July 29, 2008.

The bloodbath in Baghdad has resulted in fewer ethnically mixed neighborhoods, leading to the recent drop in violence.

Editor’s note: John McCain’s latest stumble in discussing Iraq — in which he muddled the timeline of the so-called “surge” — was treated by most of the press as an unfortunate gaffe, rather than further proof that the aspiring commander in chief does not know what he’s talking about when it comes to the war and occupation. (One CNN report actually ran the headline: “McCain Broadens Definition of the Surge.”) Meanwhile, the Republican nominee’s recent attacks on Barack Obama for failing to admit the success of the “surge” was widely reported by the same members of the media, whose dominant and uncritical narrative has long been that, as McCain and Bush contend, the “surge” has been an unqualified success. “Why can’t Obama bring himself to acknowledge the surge worked better than he and other skeptics thought that it would?” a USA Today editorial asked last week.

In the article below, Juan Cole takes a closer look at the “surge,” weighing the troop increase alongside the numerous other contributing factors to the decline in violence. At the same time, he reminds us that, regardless of the relative decrease in bloodshed — and what may be behind it — the country is still a frightfully unstable place for Iraqis. “Most American commentators are so focused on the relative fall in casualties that they do not stop to consider how high the rates of violence remain,” he writes. Few people would consider Afghanistan, where last year an average of 550 people were killed per month, a safe place. Yet, “that is about the rate recently (in Iraq), according to official statistics.” — AlterNet War on Iraq editor Liliana Segura

***

I want to weigh in as a social historian of Iraq on the controversy over whether the “surge” “worked.” The New York Times reports:

Mr. McCain bristled in an interview with the CBS Evening News on (July 22) when asked about Mr. Obama’s contention that while the added troops had helped reduce violence in Iraq, other factors had helped, including the Sunni Awakening movement, in which thousands of Sunnis were enlisted to patrol neighborhoods and fight the insurgency, and the Iraqi government’s crackdown on Shiite militias.

“I don’t know how you respond to something that is such a false depiction of what actually happened,” Mr. McCain told Katie Couric, noting that the Awakening movement began in Anbar Province when a Sunni sheik teamed up with Sean MacFarland, a colonel who commanded an Army brigade there.

“Because of the surge we were able to go out and protect that sheik and others,” Mr. McCain said. “And it began the Anbar Awakening. I mean, that’s just a matter of history.”

The Obama campaign was quick to note that the Anbar Awakening began in the fall of 2006, several months before President Bush even announced the troop escalation strategy, which became known as the surge.

And Democrats noted that the sheik who helped form the Awakening, Abdul Sattar Buzaigh al-Rishawi, was assassinated in September 2007, after the troop escalation began.

But several foreign policy analysts said that if Mr. McCain got the chronology wrong, his broader point — that the troop escalation was crucial for the Awakening movement to succeed and spread — was right. “I would say McCain is three-quarters right in this debate,” said Michael E. O’Hanlon, a senior fellow at the Brookings Institution.

The problem with this debate is that it has few Iraqis in it.

It is also open to charges of logical fallacy. The only evidence presented for the thesis that the “surge” “worked” is that Iraqi deaths from political violence have declined in recent months from all-time highs in the second half of 2006 and the first half of 2007. (That apocalyptic violence was set off by the bombing of the Askariya shrine in Samarra in February 2006, which helped provoke a Sunni-Shiite civil war.) What few political achievements are attributed to the troop escalation are too laughable to command real respect.

Proponents are awfully hard to pin down on what the “surge” consisted of or when it began. It seems to me to refer to the troop escalation that began in February 2007. But now the technique of bribing Sunni Arab former insurgents to fight radical Sunni vigilantes is being rolled into the “surge” by politicians such as McCain. But attempts to pay off the Sunnis to quiet down began months before the troop escalation and had a dramatic effect in al-Anbar Province long before any extra U.S. troops were sent to al-Anbar (nor were very many extra troops ever sent there). I will disallow it. The “surge” is the troop escalation that began in the winter of 2007. The bribing of insurgents to come into the cold could have been pursued without a significant troop escalation, and was.

Aside from defining what proponents mean by the “surge,” all kinds of things are claimed for it that are not in evidence. The assertion depends on a possible logical fallacy: post hoc ergo propter hoc. If event X comes after event Y, it is natural to suspect that Y caused X. But it would often be a false assumption. Thus, actress Sharon Stone alleged that the recent earthquake in China was caused by China’s crackdown on Tibetan protesters. That is just superstition, and callous superstition at that. It is a good illustration, however, of the very logical fallacy to which I am referring.

For the first six months of the troop escalation, high rates of violence continued unabated. That is suspicious. What exactly were U.S. troops doing differently from September than they were doing in May, such that there was such a big change? The answer to that question is simply not clear. Note that the troop escalation only brought U.S. force strength up to what it had been in late 2005. In a country of 27 million, 30,000 extra U.S. troops are highly unlikely to have had a really major impact, when they had not before.

Continued . . .

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