Posts Tagged ‘abuse of detainees’

Authors of Bush torture memos to be cleared of misconduct

February 1, 2010
By Raw Story
Saturday, January 30th, 2010 — 7:15 pm

johnyoo Authors of Bush torture memos to be cleared of misconduct

The men who advised former President Bush to waterboard detainees and deprive them of sleep will be cleared of charges of professional misconduct by a Justice Department ethics report.

The report, which has yet to be released, states that Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor, showed “poor judgment,” but will not face legal action for their advocacy of harsh interrogation tactics.

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Obama’s Betrayals

May 24, 2009

by Sheldon Richman | The Future of  Freedom Foundation, May 22, 2009

After President Obama announced he would fight the release of photographs showing American soldiers abusing “war on terror” detainees, Richard Haass, president of the quintessentially mainstream Council on Foreign Relations, said that Obama had learned the difference between campaigning and governing. He wasn’t being ironic.

It was said during the presidential campaign that one of the candidates was running for George W. Bush’s third term. Did you think it was Obama?

Obama has been doing a lot of “growing” in office. That’s the term the establishment uses when a candidate who apparently holds maverick views gets into office and abandons those views in favor of those more congenial to the permanent ruling elite.

The president campaigned against military tribunals as a substitute for regular criminal proceedings for terrorist suspects — a “legal black hole,” he called them. Now he embraces them. His promise of increased protections for defendants fails to impress even the military people charged with defending the suspects. The tribunals are regarded as kangaroo courts. Although Obama says evidence obtained by torture will not be admissible in the tribunals, he won’t let tortured detainees have their day in a real court.

Obama has adopted Bush’s position on state secrecy and more to stop lawsuits over torture and eavesdropping. Translation: People who were wronged by the government may not sue to bring abusive officials to justice.

Consistent with that, Obama appears to have no interest in prosecuting the Bush officials who illegally authorized and carried out torture. Even a “truth commission” seems unlikely. In the name of looking to the future, we are being asked to forget the past.

Obama still says he wants to close the Guantanamo prison, but the one at the Bagram air base in Afghanistan — where detainees have zero rights — is still in operation. And Obama’s pledge on Guantanamo must be judged against the fact that he is considering indefinite and even preventive detention of terrorist suspects his administration is afraid to bring before even a military tribunal.

This is truly astounding. In Obama we have a new Jekyll and Hyde. From harsh critic of Bush’s trampling of individual rights, Obama has transmogrified into a champion of the omnipotent state that cannot let the niceties of the traditional criminal-justice system stand in the way of “national security.”

The logic behind his decisions and reversals is bizarre. Obama said releasing the abuse photos would “inflame anti-American sentiment” and endanger the troops. Does he really think that is not happening every day through the brutal U.S. occupations and bombing of civilians in Afghanistan and Pakistan? Does he think that withholding the much-publicized photos doesn’t itself inflame anti-American sentiment?

As for his fear of trying suspects in regular criminals court, what about the several that have already gone through the system without incident?

Obama has clearly adopted not only Bush’s policies, but also his premise: that the United States is in a war in which the world is the battlefield and restraints on the power of government are a luxury we can’t afford. He has dropped the more realistic view that acts of terrorism are crimes — provoked by years of U.S. intervention — that can be dealt with through normal procedures that protect basic freedoms.

It is instructive that the neoconservatives who gave us the Bush war program are now delighted with Obama’s policies, including his escalation in Afghanistan and Pakistan.

This all should be troubling to anyone who thinks elections can bring needed change. Presidents come and go, with little obvious effect on foreign policy, no matter what they say during their campaigns. Republican and Democrat, right and left — those terms are more about style than substance. In subtle ways and with staunch corporate media support, the system maintained by the ruling elite ensures that no successful national candidate will deviate too far from its plumb line. The marginalization of real anti-war candidates during the 2008 election was just the latest demonstration.

It’s time for the opponents of empire to see the man in the White House for who he is. Fortunately, that is starting to happen.

Sheldon Richman is senior fellow at The Future of Freedom Foundation, author of Tethered Citizens: Time to Repeal the Welfare State, and editor of The Freeman magazine. Visit his blog “Free Association” at www.sheldonrichman.com. Send him email.

Will Bush Officials Face War Crimes Trials? Few Expect It

December 21, 2008

by Marisa Taylor | McClatchy Newspapers, Dec 19, 2008

WASHINGTON – Emboldened by a Democratic win of the White House, civil libertarians and human rights groups want the incoming Obama administration to investigate whether the Bush administration committed war crimes. They don’t just want low-level CIA interrogators, either. They want President George W. Bush on down.

[CONFESSED WAR CRIMINAL DICK CHENEY  "It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened," said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. "It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome."]CONFESSED WAR CRIMINAL DICK CHENEY “It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”


In the past eight years,  administration critics have demanded that top officials be held accountable for a host of expansive assertions of executive powers from eavesdropping without warrants to detaining suspected enemy combatants indefinitely at the Guantanamo Bay military prison. A recent bipartisan Senate report on how Bush policies led to the abuse of detainees has fueled calls for a criminal investigation.

But even some who believe top officials broke the law don’t favor criminal prosecutions. The charges would be too difficult legally and politically to succeed.

Without wider support, the campaign to haul top administration officials before an American court is likely to stall.

In the end, Bush administration critics might have more success by digging out the truth about what happened and who was responsible, rather than assigning criminal liability, and letting the court of public opinion issue the verdicts, many say.

“It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”

Robert Turner, a former Reagan White House lawyer who supported several of the Bush administration’s assertions of executive powers, but not the use of harsh interrogation techniques, said that war crimes “may well have been committed,” given reports by human-rights organizations that some prisoners may have been beaten to death.

Turner was outraged when Bush signed an executive order in 2007 that he believes permitted highly abusive treatment, so long as the “purpose” was to acquire intelligence to stop future terrorist attacks, rather than just to humiliate or degrade the detainee.

He recalls telling senior Justice Department officials during a conference call prior to the public release of the order: “Do you people understand that you are setting up the president of the United States to be tried as a war criminal?” The conference call, he said, quickly came to an end.

Turner, who co-founded the University of Virginia’s Center for National Security Law in 1981, rebuts the administration’s defense that waterboarding, which simulates the sensation of drowning, isn’t torture and therefore is legal.

He also challenges the administration’s argument that Common Article 3 of the 1949 Geneva Conventions, prohibiting inhumane treatment of detainees, isn’t binding. “The standard is not torture. It’s humane treatment. That’s a much higher standard,” he said, noting that after World War II, the U.S. prosecuted Japanese soldiers for using waterboarding on American troops.

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