Continued Injuries and Usurpations.

Recent dismal developments on the War on Terror/Civil Liberties Front:

(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?

Dusty and the Black Sites.

“Eventually, the agency’s network would encompass at least eight detention centers, including one in the Middle East, one each in Iraq and Afghanistan and a maximum-security long-term site at Guantanamo Bay, Cuba, that was dubbed Strawberry Fields, officials said. (It was named after a Beatles song after C.I.A. officials joked that the detainees would be held there, as the lyric put it, ‘forever.’)

Charming. The NYT gets a window into the CIA’s top-secret “black sites” program courtesy of former #3 man Dusty Foggo, who — irony alert — is currently serving a three-year term in a Kentucky jail on fraud charges associated with Duke Cunningham. (I presume Kentucky’s finest have yet to break out the “enhanced interrogation techniques” on this joker. Speaking of which, “[n]othing exotic was required for the infamous waterboards — they were built on the spot from locally available materials…The cells were constructed with special features to prevent injury to the prisoners during interrogations: nonslip floors and flexible, plywood-covered walls to soften the impact of being slammed into the wall.“)

McCarthy McCarthy’ed.

“‘When the president nominated Porter Goss [as CIA director in September 2004], he sent Goss over to get a rogue agency under control,’ Steven Simon, a colleague of McCarthy’s at the National Security Council from 1994 to 1999, said Goss’s aides told him. Simon said McCarthy’s unusually public firing appeared intended not only to block leaks but also to suppress the dissent that has ‘led to these leaks. The aim was to have a chilling effect, and it will probably work for a while.‘” The WP delves deeper into the firing of CIA officer Mary McCarthy last month, and discovers it may well have been due to both her opposition to secret gulags and her anger over CIA lies on the subject.

Whistle Blown.

“[Y]ou have somebody being fired from the CIA for allegedly telling the truth, and you have no one fired from the White House for revealing a CIA agent in order to support a lie. That underscores what’s really wrong in Washington, D.C.” Following the recent dismissal of CIA historian and Africa specialist Mary McCarthy for telling the Post about our secret gulags, several Dems, including John Kerry and Rep. Jane Harman, question the Dubya double standard regarding leaks. Update: Was it not McCarthy after all?

Big Russ.

With a tip-off from the Progressive Patriots Fund, I had the opportunity yesterday to catch Sen. Russ Feingold speak on the Patriot Act and the NSA wiretapping scandal over at Cardozo Law School. (Their pics are a lot better than mine — I forgot to charge my batteries, and thus only got in 2 or 3 shots before my camera died on me.) And how was he? Well, all-in-all, he came off as a convincing candidate for the election ahead, as well as an impressive, informed, and personable fellow. To be honest, I found his remarks a bit lawyerly (then again, he’s a lawyer speaking before a law school, so that’s not really a fair criticism), but, taken in full, he seemed a committeed progressive and a refreshingly candid leader, the type of dynamic, independent thinker the Senate should be teeming with, if the system came anywhere close to working these days.

The gist of Sen. Feingold’s remarks was thus: Al Qaeda is the central threat facing America and has been since 9/11. Yet, instead of bringing the nation together to eliminate this terrorist organization, the Dubya White House has chosen time and time again to endanger our national security and compromise our most fundamental American values for their own ideological or power-hoarding purposes. (Iraq, Guantanamo, extraordinary rendition, secret gulags, you name it.) Along those lines and as we now all know, the Patriot Act, which only Feingold voted against in 2001, contains some terrible provisions therein, the most notorious example affecting Middle America being Section 215 (which gives law enforcement, among other things, the right to see what you’ve been reading.)

Yet, as per the norm, Dubya has refused to admit that it’s even possible that something might be wrong with the Patriot Act now that it’s up for renewal — only that it’s necessary to defeat the evildoers and that any microscopic change in the statute could rend the fabric of freedom irreparably. (Despite this now-somewhat hoary ploy, Feingold and others have succeeded in blocking a permanent blanket extension for now, as y’all know if you’ve been visiting here lately.) And, of course, Dubya has taken this same tack of obfuscation and fear-mongering to cover up his brazen wiretapping power-grab — which, according to Congress’s own research arm, broke at least two laws and counting.

Again, this story is not news to many Dems out there, but Feingold laid it out in clear, comprehensible, and systematic fashion. (The only “breaking news” made was the Senator announcing this letter to Gonzales, asking him why he, in effect, lied to the Judiciary Committee during his confirmation hearings about the NSA wiretaps.) And he had some good lines throughout — In reply to Rove’s ridiculous claim that Dems were “pre-9/11”, Feingold quipped that the GOP suffered from a “pre-1776” mentality these days. (He also retold the recent Patrick Henry exchange.) To be honest, I’d liked to have heard more in this vein — In terms of breaking down the legislative legerdemain and legal issues at hand, Feingold was superb. But I thought the speech needed more narrative sweep and rhetorical grandeur, more explanation of why this battle matters so much to the workings of the republic. He doesn’t have to turn into Robert Byrd overnight. Still, I thought the remarks could have benefited from more dramatic heft and historical resonance: Jefferson, Madison, Adams, Lincoln, Wilson…they’re all relevant here. (Then again, as I said above, I was an historian sitting in a room full of lawyers, so I was a tougher sell than most.)

Along those lines, if there was a problem with this presentation, it’s that the Senator, while clearly outraged, at times seemed much less livid about all this than many in the audience, who occasionally sounded ready to hoist the black flag. (In fact, many will no doubt be happy to hear that Feingold was asked twice “why Democrats are so lame.” As he noted (and as the blogosphere can attest this week), if a crowd in New York City is this irate with the party, the Dems might be in serious trouble nationwide in November. Still, he also emphasized that the Democrats could be more effective fighters if they actually controlled a house of Congress — You can’t hold hearings if you’re in the minority.

In terms of other questions, Feingold said he supports and will take part in the very late-developing (and now already defunct) Alito filbuster (Roll Call.) In fact, he thought the Dems made a crucial mistake in capitulating to the original “Gang of 14” compromise, arguing cogently that Dems have seen nothing for it and may well have had the votes to win Catkiller‘s game of nuclear chicken. Since Casino Jack and lobbying reform seemed too big a subject to address competently in the time allotted, I asked him a question about his thoughts on the NYT decision to spike the NSA story for a year, his general view of the mass media’s performance in serving as a check on these types of executive abuses, and (’cause it seemed apropos) his thoughts on the burgeoning blogosphere’s role in all this. He didn’t really go after the Times decision, and said that, in terms of the recent Patriot Act debate, he thought the press had actually done an ok job. Regarding blogs, he called the Internet “a miracle for populist politics,” which was a good enough soundbite that everyone in my row dutifully wrote it down at the same time.

And, of course, Sen. Feingold was asked — a couple of times — whether or not he was running for President in 2008. Naturally, he played it coy — After all, we still have just under two years before the Iowa caucus. But, for what it’s worth, I was impressed by him — He’s not a first-class emoter like Edwards or Clinton, of course. Instead, he comes across as a highly intelligent, capable, and nuanced thinker, a la Bradley, Kerry, or Gore on his better days. But unlike those three, he also seemed much more comfortable in his own skin, more naturally himself at the podium, and — most importantly — more content to play the maverick if his lefty principles dictate thus. (Although, as I said, I’d like to see him tone down the lawyer-ese and rev up more Wellstone-ish fire if he does make a White House run.) I suppose there’s a small, bordering-on-infinitesimal chance that Rodham Clinton, Biden, Warner, or someone else might drop all the “New Democrat” protective camouflage this time around and begin loudly and undefensively proclaiming progressive principles to the Heavens. But, until that unlikely event, my candidate in the 2008 Democratic primary is Senator Russ Feingold of Wisconsin. (Update: 1776 link via Medley.)

Breaking all the Rules (of Law).

An ugly day for American values around the world: In Iraq, an investigation inaugurated after the recent discovery of secret prisons in Baghdad uncovers at least 120 victims of torture and/or abuse in prisons run by the new Iraq Interior Ministry. “Prisoners had their bones broken and their fingernails pulled out, were subjected to electric shocks and had burning cigarettes crushed into their necks and backs, said the Iraqi official.” And, elsewhere, a European investigation suggests that the CIA were in fact holding prisoners illegally in Europe, until they were surreptitiously moved to North Africa after the story broke. Charming. So is this what Dubya meant when he saidwe are determined to show the meaning and promise of liberty” to the world? If so, I’d remind him of the Lincoln quote he used in the same inaugural address: “Those who deny freedom to others deserve it not for themselves; and, under the rule of a just God, cannot long retain it.

Truth and Consequences.

As the State Department stalls for time, the European Union considers suspending the voting rights of those member nations which were home to secret CIA gulags. (Human Rights Watch has said that Poland and Romania are the most likely suspects, although many other nations may have witnessed CIA flights go to and fro.)

We don’t torture…they do.

Another week, another secret torture center…anyone else sensing a pattern? Tensions in Iraq simmer to a boil as a secret prison holding 173 Sunnis is uncovered in Baghdad. “The discovery…created a new aura of crisis for American officials and Iraqi politicians who hold power in the Shiite-led transitional government. For many Iraqis, the episode carried heavy overtones of the brutality associated with Saddam Hussein and his Sunni-dominated government.

Whatsmore, the head of the Badr Organization, a Shiite militia suspected of pulling the strings and wielding the implements in this center, says: “This bunker is run by the Interior Ministry, the Americans are there every day.” Whether or not that’s true (and for the love of Pete, let’s hope not), it’s obvious that recent events, from Abu Ghraib to the Frist-sanctioned CIA black sites to the al-Jamadi murder, have seriously damaged our credibility as opponents of torture, in this prison and around the world.

Out of sight, out of mind.

“Senate Majority Leader Bill Frist says he is more concerned about the leak of information regarding secret CIA detention centers than activity in the prisons themselves…’I am not concerned about what goes on [in the prisons] and I’m not going to comment about the nature of that,’ Frist replied.” Unbelievable. The same guy who blew a gasket over a closed-door Senate session last week couldn’t care less what goes on behind closed doors in secret, illegal CIA gulags. (I guess he figures it couldn’t be much worse than your average day at the Frist family animal shelter.)

A Murder Most Foul.

“Two years ago, at Abu Ghraib prison, outside Baghdad, an Iraqi prisoner in [C.I.A. officer Mark] Swanner’s custody, Manadel al-Jamadi, died during an interrogation. His head had been covered with a plastic bag, and he was shackled in a crucifixion-like pose that inhibited his ability to breathe; according to forensic pathologists who have examined the case, he asphyxiated…Swanner has not been charged with a crime and continues to work for the agency.” So, as the New Yorker‘s Jane Mayer reports, “we do not torture“…we just crucify. Sweet merciful Jesus, what have we become? (Via Malice Aforethought.)