(1) “The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.”
The European Court of Human Rights finds that Poland harbored one of the CIA’s infamous black sites — perhaps this is one of the old Soviet compounds? “[S]imilar cases have been lodged with the court in Strasbourg against Romania and Lithuania.”
(2) “The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press.”
Paging J. Edgar: The Intercept’s Glenn Greenwald and Murtaza Hussain, with help from Edward Snowden, uncover NSA and FBI surveillance of prominent, upstanding Muslim-Americans. “In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: ‘Mohammed Raghead.'”
(3) “Emblazoned with the crests of 19 agencies, it offers the most complete and revealing look into the secret history of the government’s terror list policies to date. It reveals a confounding and convoluted system filled with exceptions to its own rules, and it relies on the elastic concept of ‘reasonable suspicion’ as a standard for determining whether someone is a possible threat…individuals can be watchlisted if they are suspected of being a suspected terrorist, or if they are suspected of associating with people who are suspected of terrorism activity.”
Also in The Intercept, Jeremy Scahill and Ryan Devereaux explain the absurdly broad net that is the terrorist watchlist. “There are a number of loopholes for putting people onto the watchlists even if reasonable suspicion cannot be met.”
(4) “Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants, a new report says…rais[ing] questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases.”
And in The Guardian, Spencer Ackerman expounds on the FBI’s apparent excessive leaning on entrapment to conjure up terror cases. “‘In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,’ the report alleges.”
Torture, rendition, secret prisons, spying on Americans, surveillance policies that are obviously, woefully ripe for abuse…We are six and a half years into the administration of a president who promised us definitively this nonsense would end. And yet, virtually every day, we hear of a new outrage, and the only official response seems to be Lock Up the Messenger. So when are we going to get an accountability moment here?
On top of all their recent bad behavior, the CIA has apparently been spying on researchers for the Senate oversight committee, who have been (at last) inquiring in-depth into the agency’s Dubya-era torture regime. “The report details how the CIA misled the Bush administration and Congress about the use of [torture]…It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.” But…but…that was in Zero Dark Thirty!
In any event, Senator Dianne Feinstein, chairwoman of the relevant committee and usually an enabler and/or cheerleader for this sort of egregious intelligence overreach, had this to say: “‘There is an I.G. investigation’…Asked about the tension between the committee and the spy agency it oversees, Ms. Feinstein said, ‘Our oversight role will prevail.'” Oversight, eh? That’d be new and different.
A new report by Columbia’s Institute of Medicine examines doctors’ (continuing) complicity in our recent torture regime. “Putting on a uniform does not and should not abrogate the fundamental principles of medical professionalism…’Do no harm’ and ‘put patient interest first’ must apply to all physicians regardless of where they practice.”
A late but welcome reassessment from Conor Friedersdorf: Breaking Bad as an analogy for post-9/11 America. “The world dealt us an unfair blow, and we used it as an excuse to break bad…We became inured to the selfishness of our actions. We slid predictably down the slope upon which we stepped, and the farther we go the uglier it gets. We haven’t hit bottom yet or anything close to it.”
Didn’t get to this before heading out for a Memorial Day weekend camping trip: As y’all know by now, President Obama delivered a much-hailed State of the War on Terror address at the National Defense University, during which he called for the eventual repeal of AUMF, tighter oversight of drone strikes, and the closing of the Gitmo Gulag at last. “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”
Sounds great! When’s it happening? Er…well, that’s that trick, isn’t it? When it comes to the first promise — the repeal of AUMF — as Brooking’s Benjamin Witte noted: “Obama does not need Congress to narrow or repeal the AUMF or to get off of a war footing. He can do it himself, declaring hostilities over in whole or in part. And Obama, needless to say, did not do anything like that.”
Ok, what about drone strikes? As Fred Kaplan and others — including the heckler at the speech — have pointed out, President Obama did not promise to transfer drone strike authority from the CIA (where they remain covert) to the military (where there’s more possibility of oversight.) Nor did he pledge to end “signature strikes,” meaning the current practice of unleashing fiery death upon unknown parties because they seem to be acting shady. This “supposedly new, restrictive policy on drone strikes,” writes Kaplan, “was neither new nor restrictive…In short, the speech heralded nothing new when it comes to drone strikes.”
Instead, Obama defended his drone policy as legal and effective. At one point, he asserted “for the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process.” And then, in the very next paragraph, he asserts that particular executive prerogative in the matter of Anwar Awlaki — assassinated without due process. (FWIW, Obama is clearly using the Colbert reasoning here: “Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”)
As for Gitmo…well, we have been here before, so fool me once and all that. “‘The speech was deeply disappointing,’ says David Remes, a lawyer who has represented a number of Yemenis held at Guantanamo – adding that Obama only ‘created the illusion of forward momentum.’…The president has the power to issue national security waivers and direct the Secretary of Defense to certify detainee transfer if they are deemed not a national security threat – something human rights groups have been advocating. Didn’t hear much about that in the president’s address.
Yes, the paragraphs I quoted from the speech above at the onset are laudable, and yes, I suppose some people might find it vaguely comforting to know that the force of these issues weigh on the presidential mind in a way they didn’t between 2001 and 2008. But let’s be honest. It has been a troubling tendency of this administration — and by troubling tendency I mean signature pattern — to follow up lofty, progressive-minded rhetoric with absolutely no action of consequence. We need more than words from this president.
A “nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks,” headed by two former Members of Congress (Republican Asa Hutchinson and Democrat James Jones) offers an in-depth investigative report on our national post-9/11 torture regime.
“The sweeping, 577-page report says that while brutality has occurred in every American war, there never before had been ‘the kind of considered and detailed discussions that occurred after 9/11 directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.'”
Of course, we have known all this for awhile now. And yet, just as with the folks who brought us the financial crisis, there has been zero accountability coming from Obama’s Justice Department or anywhere else. Instead, our powers-that-be have been too busy trying to round up purported public enemies like Bradley Manning and Aaron Swartz.
And yet, as this report unequivocally lays out, the evidence of an American torture regime, planned and carried out after 9/11 at the highest levels of government, is indisputable. For the rule of law’s sake as much as for the values we purportedly stand for, we still need a reckoning.
While pleading guilty to 10 of the 22 charges against him, Bradley Manning makes a long and detailed statement about why he gave classified documents to Wikileaks. “The more I read the cables, the more I came to the conclusion that this was the type of information that– that this type of information should become public. I once read a, and used, a quote on open diplomacy written after the First World War and how the world would be a better place if states would avoid making secret pacts and deals with and against each other.”
See also this on Gitmo: “[T]he more I became educated on the topic, it seemed that we found ourselves holding an increasing number of individuals indefinitely that we believed or knew to be innocent, low level foot soldiers that did not have useful intelligence and would be released if they were still held in theater.”
I’m with Glenn Greenwald on this – Bradley Manning should be considered a hero, the Daniel Ellsberg of our day, and the real crime here is how terribly he’s been treated by the powers-that-be for a justifiable act of whistle-blowing. “He knew exactly what he was risking, what he was likely subjecting himself to. But he made the choice to do it anyway because of the good he believed he could achieve, because of the evil that he believed needed urgently to be exposed and combated, and because of his conviction that only leaks enable the public to learn the truth about the bad acts their governments are doing in secret.”
And, for this stand on idealism, we’ve kept Pvt. Manning locked in a cell for 23 hours a day and are (still) threatening him with life in prison. Meanwhile, this town is overrun with glib, useless assholes who don’t care about anyone but themselves, and those guys keep failing up. We hound and imprison our Swartzes and Mannings, while coddling and venerating the Dimons and Blankfeins of this world. Some system.
Upon the revelation that the Obama administration finally moved to codify a drone policy — but only in case they lost the election and Romney took up the Ring of Power instead — Glenn Greenwald calls out the many Democrats who have forsaken their prior civil liberties stances to prop up this sort of obviously unconstitutional behavior by “Our Team.”
See also Marcy Wheeler on this issue, who along with offering an informed and in-depth view of the big picture, has unleashed some devastating tweets of late. To wit: “Shorter Scott Shane: Drone Rule Book exists for NYT A1, but not for ACLU’s grubby little FOIAs.“
I’ve said this before, but there’s an easy available metaphor to explain why what the administration is doing here is so unhealthy and reprehensible. As with the Ring, so too with indefinite detention, state secrets, extrajudicial assassinations, unmitigated use of drones, and the rest of the dark tools comprising today’s GWOT arsenal. It does not matter who tries to wield them — they will corrupt regardless, not to mention leave a trail of undeserving dead in their wake.
I will say this: Since last week we watched Democrats — Democrats — chant USA, call out Mitt Romney for being insufficiently for the troops, and all but roll the severed head of Osama Bin Laden out on stage, perhaps it’s time to regain a little perspective.
9/11 was a horrible crime that demanded justice. It was also an event, it has now become clear, that could have and should have been prevented by the Dubya administration using traditional, pre-9/11 intelligence methods. Since that dark day, nine people have died in our indefinite detention prison camp at GitMo. The only person being prosecuted for the Dubya-era torture regime is the whistleblower. And we’re now set to unleash a wave of SKYNET-like drones over our own territory in the name of keeping us safe.
It’s long past time to stop compounding the tragedy of what happened in New York and Washington eleven years ago by shredding the constitution in response. It’s time to get back to being America again.
Showing a flash of his 2000 self in today’s WaPo op-ed page, John McCain argues anew that torture is un-American — and that Bush water-carriers like Michael Mukasey are lying about its efficacy in the Bin Laden hunt. He then followed up with a Senate speech to the same effect:
““In fact, not only did the use of ‘enhanced interrogation techniques’ on Khalid Sheikh Mohammed not provide us with key leads on bin Laden’s courier, Abu Ahmed; it actually produced false and misleading information…In short, it was not torture or cruel, inhuman, and degrading treatment of detainees that got us the major leads that ultimately enabled our intelligence community to find Osama bin Laden.”
The good news is The Conspirator is nowhere near as preachy and inert as Redford’s last attempt at liberal muck-raking, Lions for Lambs. (I’ll confess I don’t have much patience for didactic message movies that bray at me to embrace opinions i already hold — See also Paul Greengrass’ Green Zone.) Nonetheless, this film still occasionally suffers from the same mix of well-meaning blandness and dramatic torpor that characterizes almost all of Amistad, Steven Spielberg’s similar 19th century courtroom exercise: The values being reified are all laudable, to be sure, but the story as told is strangely lifeless (and I say that as someone who probably enjoys the genre of movies-to-be-shown-in-high-school-history-when-the-teacher-is-out more than most.)
Fortunately, the movie grew on me after awhile. Its depiction of broader Washington DC often feels stagy, and some of the acting support here doesn’t help matters. (As Surratt’s daughter Anna, Evan Rachel Wood overdoes it in her every scene, and the very 21st-century Justin Long is just miscast here as a Union veteran.) But as the lens of the story narrows down to the nitty-gritty of the court case in its middle hour, The Conspirator finds a surer footing. At its best moments, Redford’s film feels like an episode of Law and Order: Civil War Unit, one whose resonances — military tribunals, indefinite detentions, victor’s justice, and whatnot — still feel “ripped from the headlines.”
After establishing that our protagonist here, Frederick Aiken (James McAvoy, with an impressive American accent — he should help out his countryman Ewan) is a Union war veteran wounded in his nation’s service, The Conspirator begins with the terrible crime that will concern us. On the night of April 14, 1865, only five days after Lee’s surrender at Appomattox, several men attempt to kill President Lincoln, Vice-President Johnson, and Secretary of State Seward, with mixed results. Seward manages to survive some nasty stab wounds, Johnson’s killer loses his nerve…but, as we all know, the flamboyant actor-turned-assassin John Wilkes Booth manages to kill the 16th President of the United States in cold blood. It is a horrible act of treason, the first assassination America has ever seen, and, make no mistake, everyone involved will pay.
And so, under the direction of Secretary of War Edwin Stanton (Kevin Kline, only slightly less Cheneyesque than Richard Dreyfuss in W) the conspirators (minus Booth, who is shot during capture) are rounded up and put on, for all intent and purposes, show trial — one headed by military men and quite clearly designed to come back with guilty verdicts. (FWIW, this film mostly elides over the Manhunt part of the story.) Nonetheless, according to that quaint old Constitution, even such dastardly criminals as these deserve defense counsel, and ultimately the young Union lawyer we met at the outset is roped into defending Mary Surratt (Robin Wright) by his mentor, Maryland senator Reverdy Johnson (Tom Wilkinson).
Captain Aiken takes to his new position reluctantly, especially since he feels pretty certain that Surratt — the proprietress of the boarding house where the conspirators plotted — is guilty as all Hell. But as he learns more of Surratt and her pious Christian, Ur-mother ways, he starts to wonder if maybe she’s just taking the fall for her son John (Johnny Simmons of Jennifer’s Body), who is still on the lam. And, as he grows ever more sick of the obvious railroading happening at trial under the direction of Judge David Hunter (Colm Meaney) and prosecutor Joseph Holt (Danny Huston, doing his officiously sinister bureaucrat thing), Aiken becomes a convert to his duties, even as proper Washington society begins to shun him for seeming to take on the Confederate cause. Sometimes a man has to make a stand, etc. etc.
I don’t know much about the Mary Surratt trial other than what Wiki has to offer, so I can’t tell you if Redford and screenwriter James Solomon have done justice to the specifics of the story — It seems to have a versimilitude about it, at any rate. But one place where I thought The Conspirator faltered is in establishing the Big Picture. True, the film begins grimly with Lincoln’s assassination — hard to fault it there, I suppose. But particularly once the courtroom scenes take hold, it doesn’t do a very good job of putting everything in emotional context — that all of this is happening mere days and weeks right after the close of America’s bloodiest war. (Nor, for that matter, is slavery mentioned.) And so, while the Law and Order aspects of the story are often compelling in their own right, the trial also feels flat, and strangely disconnected from all the events that put it in motion.
Which is too bad, really. Since, if anything, that Civil War backdrop adds depth to the viewpoint Redford seemed to be trying to uphold. There we were after four years of bloody war, 600,000 dead and the president assassinated, and Aiken is still taking a stand for the constitutional rights of Mary Surratt — even though an innocent verdict might well put the sides at each other’s throats again. (Contrast this with the cowardly behavior our past two administrations have shown with regard to tribunals, detentions, Gitmo, etc, even though, neither on 9/11 or since, has Al Qaeda ever represented the kind of existential threat to our republic that we faced in 1865.)
Speaking of the Civil War angle: In a way, I admire the shrewdness of this film: It tries to pitch a civil liberties morality play in such a way that the people who will feel most aggrieved about the injustices being shown, civil libertarians notwithstanding, are the folks among us with residual sympathy for the Confederacy — not normally a left-leaning or libertarian bunch. But, let’s get real: They’re not going to see this film, or, if they do, see it as anything other than lefty propaganda. Like Inside Job or Casino Jack and the United States of Money, The Conspirator is for the most part just preaching to the choir. One of the best things you can say about it is that, for the middle hour at least, you may not mind humming along.
“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”
Sometimes I don’t post here because I’m really busy. Sometimes I don’t post here because the news is too damned depressing: The United States takes another big step towards Miniluv by applying Dubya-era torture and intimidation techniques to an American citizen in custody for leaking, Bradley Manning. (Y’see, it’s a four lights = five lights kinda thing. Manning has to break — and then, like Zubadayah and KSM, voice untruths — for there to be any sort of possible criminal conspiracy case against Wikileaks.)
What is there to say, really? State Department spokesman P.J. Crowley already correctly stated that this abusive treatment of Manning was “ridiculous, counterproductive, and stupid,” and, within days, he was fired for stating the obvious.
The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.
So let’s review. Dubya’s administration constructs an illegal and unconstitutional torture regime — Nobody goes to jail, and nothing changes. (Look forward, not backward!) The Dubya administration lies to the American people in order to prosecute a war of choice in Iraq. Nobody goes to jail, and nothing changes. Through greed and outright fraud, Wall Street traders implode the global economy to the tune of trillions of dollars, and, with the convenient exception of Bernie Madoff, nobody goes to jail, and nothing changes. (Synthetic junk, anyone?) Big banks continue their crime spree by engaging in a massive epidemic of foreclosure fraud, and nobody goes to jail (but we’ll make them promise not to do it again!)
Oh, and an Army private leaks “secret” documents (so secret they were available to millions of people) because “[h]e wanted people held accountable and wanted to see this didn’t happen again” — the very definition of whistleblowing — and now we’re treating him like Winston Smith. (Then again, our president does despise whistleblowers.)
Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.
Nope, sorry. Instead, President Obama fired Crowley and is owning what’s happening to Manning right now. He also just reinstated and normalized indefinite detentions at Gitmo. (Obama the constitutional scholar? Meet the Fifth and Sixth Amendments.) And when not perpetuating Dubya-era illegalities, he (and new lefty-bashing chief of staff) spend their days talking up the deficit, talking down regulation, and hoping the Chamber and the NRA take their meetings. Feel those winds of change, y’all. (Obama meme pic above via here.)
Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.” P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.“
After another embarrassing document dump by Wikileaks — this time diplomatic cables, next time Bank of America? — Attorney General Holder threatens the prosecution of Julian Assange, an Australian citizen — most likely under the Espionage Act, the same catch-all 1917 law used to lock up Eugene Debs back in the day.
First of all, Gawker‘s John Cook has already explained why this attempted line of prosecution doesn’t work. However docile the “nation’s watchdogs” remain on any other given day, the newspapers that published these leaks would have to be considered co-conspirators in any Espionage Act-related indictment. “We think its fairly obvious that the Department of Justice won’t go after the Times or any of the other papers involved in the story. But if it doesn’t, that’s just evidence that its attempt to use the Espionage Act to go after Assange isn’t about enforcing laws: It’s about retribution, harassment, and rattling sabers.“
Secondly, if Assange wants to avoid federal prosecution, perhaps he should just…I dunno…torture somebody? Or maybe rip off the American people for trillions of dollars? Or how ’bout just spying on Americans via warrantless wiretap? Apparently, disclosing those kinds of secrets is one of those look-forward-not-backward kinda things.
Let’s get real here. There’s no threat to our troops in these leaks — Even the Pentagon admits that. (A more overlooked problem, as a friend pointed out, is what this leak might mean for human rights workers.) Wikleaks’ methods are of the blunderbuss variety, yes. (That probably speaks in their favor: They don’t seem to tailor their leaks to suit a predetermined spin. They just dump data. And, hey, somebody should be doing the media’s job.) And, sure, Assange comes off as more than a bit pretentious, but what of it? If being a jackass were a crime, our prison system in this country would be completely broken…oh wait, it already is.
In the end, as Glenn Greenwald well put it, “our government and political culture is so far toward the extreme pole of excessive, improper secrecy that that is clearly the far more significant threat.” You’d think an administration that ran on unparalleled transparency in government might feel the same way. But, sadly, like its predecessor, the only crime this administration really seems to hate is whistleblowing.
“From the early 1930s until the modern story broke in 2004, the newspapers that covered waterboarding almost uniformly called the practice torture or implied it was torture: The New York Times characterized it thus in 81.5% (44 of 54) of articles on the subject and The Los Angeles Times did so in 96.3% of articles (26 of 27). By contrast, from 2002-2008…The New York Times called waterboarding torture or implied it was torture in just 2 of 143 articles (1.4%). The Los Angeles Times did so in 4.8% of articles (3 of 63).“
By way of Greenwald and Sullivan, a Harvard study documents exactly how absurdly our national media carried water for the Dubya-era torture regime. “In addition, the newspapers are much more likely to call waterboarding torture if a country other than the United States is the perpetrator.“
This story, along with Politico’s gaffetastic reaction to Rolling Stone‘s Michael Hastings doing real journalism on the McChrystal story — (“Hastings would be considered a bigger risk to be given unfettered access, compared with a beat reporter, who would not risk burning bridges by publishing many of McChrystal’s remarks” — See also Lara Logan) and Joke Line deeming Glenn Greenwald a traitor because he dared to call unrepentant Iraq war evidence-falsifier Jeff Goldberg a horrible journalist (“Greenwald…so far as I can tell, only regards the United States as a force for evil in the world.“) pretty much tells you everything you need to know about our broken and corrupt Village media. And this is all just in the past week. Rinse and repeat, over and over and over again. (Pic via here.)
“No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)
In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.
“‘The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation,’ said Frank Donaghue, the CEO of PHR, a nonprofit organization of health professionals.“
A new report by Physicians for Human Rights suggests the CIA conducted human experiments on detainees, including “monitoring the effects of sleep deprivation up to 180 hours” and testing out new forms of waterboarding on them. Once we’re all happy with the president’s visible anger levels toward BP, perhaps we can get some wrath-of-God fury — and criminal prosecutions — directed towards these atrocities committed in our name also? Thanks much. [Update: Here's the Mother Jones story.]
“The bottom line is this: Current procedures under the CSRT are such that a perfectly innocent individual could be held and could not rebut the Government’s case and has no way of proving his innocence. I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary.” Me too, Senator Obama, me too.
In a decisive break with his campaign stances and the best indicator yet that this administration is now happily perpetuating deeply troubling Bush-era policies, the President wins the right to hold detainees indefinitely in Bagram — the difference from the Boumediene decision on Gitmo being that Bagram is a “war zone.” (And Ben Franklin’s admonition aside, that’s an excuse you hear quite a bit these days.)
FWIW, Politico’s Josh Gerstein — while bending over backwards, as per the Village norm, not to call torture “torture” — suggests civil liberties concerns are overblown here, but check out his reasoning: “The Obama administration…has, so far, resisted seeking a full-scale preventive detention law that would apply to future captives. Instead, it has pleaded with civil liberties and human rights groups not to oppose some legal mechanism to allow the continued detention of Al Qaeda captives, at least some of whom may be untriable because of aggressive interrogations many view as torture.“
Oh, please. We have to hold them forever because we tortured them? How utterly and completely effed up is that? As Stephen Colbert well put it: “It’s essentially the same stance taken by George Bush. With one important difference: Obama makes the kids like it.”