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Paul Merrell

VICTORY: Nebraska Becomes 19th US State to Abolish the Death Penalty! - 0 views

  • Wow, who would have thought it possible? Red-state Nebraska (with a few purple splotches) actually has repealed the death penalty by voting to override the Governor’s veto! And who were the people responsible for finally pushing this through? A strong coalition of abolitionists, plus some unlikely suspects, that’s who.
Paul Merrell

'Ban Donald Trump' petition passes half a million as Republican hopeful calls for death... - 0 views

  • Donald Trump has claimed he will sign an executive order mandating the death penalty for all convicted cop killers, as a petition to deny him entry to the UK becomes the most signed on parliament’s website. It follows a week of controversial rhetoric from the Republican presidential hopeful. On Monday, the billionaire claimed as president he would order a “complete shutdown” of all Muslim immigration to the US, sparking a week-long row that has dominated media coverage and seen Trump recover in the polls, having fallen behind Ted Cruz in an earlier Monmouth poll.
  • Accepting the endorsement of the New England Police Benevolent Association, a local police union representing more than 4,000 officials, Trump issued his latest legally-murky commandment on Thursday night.
  • "One of the first things I do, in terms of executive order if I win, will be to sign a strong, strong statement that will go out to the country -- out to the world -- that anybody killing a policeman, policewoman, a police officer -- anybody killing a police officer, the death penalty. It's going to happen, OK?"
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    As though the President had the lawful power to issue such an Executive Order. Naivete about presidential powers or over-the-top electioneering or both?
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Paul Merrell

9/11 judge 'pulls plug' on trial over Pentagon order | Miami Herald Miami Herald - 0 views

  • The 9/11 trial judge on Wednesday froze pretrial hearings in a death-penalty case over a controversial Pentagon order requiring the judges to move permanently to this remote outpost until their cases are over.In a 10-page order, Army Col. James L. Pohl abated the prosecution of alleged 9/11 mastermind Khalid Sheik Mohammed and four accused accomplices until the Pentagon rescinds its move-in order.He ruled that the circumstances surrounding the controversial Jan. 7 relocation order “raise the issue of Unlawful Influence by creating the appearance of improper pressure on the military judge to adjust the pace of the litigation.”Defense lawyers in both the Sept. 11 and USS Cole death-penalty cases have alleged the move is an attempt to illegally rush justice, describing it as a pressure play designed to exile the military judges to Cuba, cut short pretrial hearings and move straight to trial. Unlawful Command Influence, or commanders meddling in the judicial function, is a crime in the U.S. military.
  • Prosecutors have defended the order, designed by a retired Marine general functioning as a war court overseer, as part of an effort to improve resourcing at the crude compound here called Camp Justice.Deputy Secretary of Defense Robert Work signed it within a month of getting a recommendation from the overseer, retired Marine Maj. Gen. Vaughn A. Ary. It stripped military judges hearing Guantánamo cases of their other duties, including presiding at U.S. service members’ courts martial, without consultation with the top lawyers of the Army, Navy and Air Force.So far none of the judges has obeyed it pending clarifications from their overall commanders, called The Judge Advocates General.
  • One 9/11 defense attorney, Jay Connell, said that Pohl “was right to pull the plug on the case” — and recited what he saw as a pattern of government interference.“The FBI has infiltrated a defense team, a former CIA contractor became a defense interpreter, and the Deputy Secretary of Defense has unlawfully attempted to influence the military judge,” said Connell, the death-penalty defender of Mohammed’s nephew, Ammar al Baluchi.
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  • The development came as defense lawyers for the alleged USS Cole bombing mastermind, Abd al Rahim al Nashiri, a Saudi, were questioning the war court overseer, Ary, on what he meant when he proposed the rule change Dec. 9, saying “the status quo does not support the pace of litigation necessary to bring these cases to their just conclusion.”Ary, testifying from his Pentagon headquarters, said that he believed the order to move the war court judges to Guantánamo and strip them of their court martial duties was “influence neutral.”He said he didn’t anticipate the order sidelining progress in the hearings. “Knowing what I knew then, I didn’t believe that it would have this effect, no,” he said, adding, “I stand by that recommendation.”
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    Nice. The judge ordered the proceedings be halted until the order for the judges to move to GITMO is rescinded. If not rescinded promptly, the judge will cosider other relief, i.e., dismissing the charges. 
Paul Merrell

Pentagon scraps judges' Guantánamo move order; 9/11 case unfrozen | Miami Her... - 0 views

  • In an abrupt retreat Friday, the Pentagon revoked an order to war court judges to drop their other military duties and take up residence at this remote base until their cases are over.The 9/11 case judge swiftly responded by lifting a freeze on preparations for the terror trial of alleged mastermind Khalid Sheik Mohammed and four accused accomplices; the judge had imposed the freeze 48 hours earlier with a ruling that found the move-in order appeared to be an illegal bid to rush justice.Defense lawyers in the Sept. 11 and USS Cole death-penalty cases described the Jan. 7 relocation order as “unlawful influence,” a pressure play designed to exile military judges to the remote base in Cuba, cut short pretrial hearings and move straight to trial. Commanders meddling in the judicial function is a crime in the U.S. military. The about-face also averted testimony in the USS Cole bombing case by three three-star officers, the top lawyers of the Navy, Army and Air Force, on how the Pentagon order to move the judges took them by surprise — and its impact.
  • But it did not settle the conflict. Defense lawyers for Saudi Abd al Rahim al Nashiri, 50, argued that the way the order was adopted and withdrawn was illegal.They asked the judge, Air Force Col. Vance Spath, to dismiss the death-penalty charges against Nashiri, who is accused of orchestrating al-Qaida’s Oct. 12, 2000 suicide bombing off the coast of Yemen. Seventeen U.S. sailors were killed and dozens more wounded in the warship attack.Alternatively, Nashiri’s lawyers asked the judge to exclude from the case the architect of the move-in order — retired Marine Maj. Gen. Vaughn A. Ary, as well as his legal staff, who oversee the war court in the so-called Office of the Convening Authority. The new Secretary of Defense, Ash Carter, should replace them with officials untainted by the relocation order, said Nashiri’s civilian lawyer, Rick Kammen.
  • Ary “can’t be trusted” to act impartially, said Kammen, noting Ary’s role includes funding the defense and choosing the jury pool of U.S. military officers — Kammen called it driving “the death train” by handpicking “the people that he wants to kill Nashiri.”Prosecutors said, with the move-in order gone, the issue was over. They urged Spath to drop it. “We get that there is an appearance issue,” said the chief war crimes prosecutor, Army Brig. Gen. Mark Martins. “We all are guardians. The independence of the judiciary is at the heart of this.” Spath disagreed. Testimony earlier this week by Ary, the judge said, demonstrated there was “some evidence of unlawful influence.” Spath never dropped his other duties and never moved to this base. But hearing evidence this week disclosed a behind-the-scenes plan to remove Spath from the USS Cole case rather than relieve him of his other job as chief of the Air Force judiciary.Ary undertook this change “knowing it could remove a sitting trial judge,” said Spath, adding he would rule Monday morning on the defense motion to dismiss the charge
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  • The Sept. 11 case judge, Army Col. James L. Pohl, halted the proceedings this week, and said he wouldn’t resume them until the Pentagon lifted the move-in order. He said it appeared to constitute improper pressure on the judiciary to speed justice along. Friday afternoon, a USS Cole prosecutor, Navy Lt. Paul Morris, announced in court that Pohl had lifted his freeze.
Paul Merrell

New email shows DNC boss giving Clinton camp debate question in advance | Fox News - 0 views

  • Another leaked email has emerged showing Democratic National Committee boss and former CNN contributor Donna Brazile sharing a debate question in advance with the Hillary Clinton campaign -- despite Brazile's persistent claims to the contrary. CNN announced in a statement soon after the email became public Monday that Brazile had tendered her resignation and the network accepted it on Oct. 14, days after the controversy over Brazile tipping off the Clinton campaign initially broke. According to documents released Monday by WikiLeaks, Brazile sent Clinton Communications Director Jennifer Palmieri an email titled, “One of the questions directed to HRC tomorrow is from a woman with a rash,” the night before the March 6 CNN primary debate in Flint, Mich.  “Her family has lead poison and she will ask what, if anything, will Hillary do as president to help the ppl of Flint,” Brazile wrote.
  • The following night, Lee-Anne Walters, a mom whose twin boys stopped growing and whose daughter lost her hair during the Flint water contamination crisis, posed a question to both Clinton, the eventual Democratic presidential nominee, and her primary opponent Vermont Sen. Bernie Sanders. 
  • After my family, the city of Flint and the children in D.C. were poisoned by lead, will you make a personal promise to me right now that, as president, in your first 100 days in office, you will make it a requirement that all public water systems must remove all lead service lines throughout the entire United States, and notification made to the — the citizens that have said service lines?” Walters asked. Clinton responded with a lengthy answer that moderator Anderson Cooper had to twice interrupt in an attempt to keep to the agreed-upon time limit. Clinton’s remarks drew applause from the crowd, though she wound up ultimately losing the state’s primary to Sanders two days later.  The apparent email tip-off was included in the latest trove of messages hacked from Clinton Campaign Chairman John Podesta’s Gmail account and posted by WikiLeaks. Brazile had been under fire over an earlier email chain appearing to show her tipping off the campaign before a town hall event later that same month. That exchange began with Brazile sending Palmieri the text of a question about the death penalty in an email with the subject line: “From time to time I get the questions in advance.” After Palmieri responded, Brazile wrote back: “I’ll send a few more.” Roland Martin asked the death penalty question verbatim the next night during a CNN town hall.  Brazile's role as a CNN contributor was suspended when she took over as interim DNC head in July, but on Oct. 14, in light of the email revelations, CNN said it accepted her full resignation.
Gary Edwards

Google News - 0 views

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    An incredible story is unfolding in Egypt where the new military government is digging through volumes of documents seized in raids on the Muslim Brotherhood. The documents are said to show that Barak Obama has been funneling Billions of dollars into the Muslim Brotherhood. excerpt: "Bare Naked Islam has done extensive reporting on the "bribes." The ... Evidence we have obtained lends credibility to the charges of "gifts" (bribes) being taken in U.S. dollars from the U.S. Embassy in Cairo" that were distributed to top ministerial level officials in the Mursi government. Via Almesryoon: "A judicial source stated that over the past few days, a number of complaints have beenfiled with the Attorney General Hisham Barakat. These complaints accuse the leaders of the Muslim Brotherhood and leaders of the centrist party of receiving gifts from the American embassy in Cairo. The sponsors of these complaints stated that among these leaders are Mohamed Badie, General Guide of the Muslim Brotherhood, Khairat Al-Shater, deputy leader and businessman, Mohamed Beltagy leading the group, Essam el-Erian, deputy head of the Freedom and Justice Party of, and Abu Ela Mady, head of the Wasat Party, Essam Sultan, deputy head of the Wasat Party." The strength of these allegations is seemingly bolstered by another case alluded to by the newspaper in which a document is referenced. This document reportedly reveals monthly "gifts" being paid to Muslim Brotherhood leaders in Egypt by the Prime Minister Hamad bin Jassim bin Jabor Al Thani, Minister of Foreign Affairs to the Mursi government. These monthly payments were said to be denominated in U.S. dollars to each leader. Evidence for such allegations are substantiated by a document we have obtained. It includes the names of several recipients of funds and even includes their signatures acknowledging receipt of the funds. This ledger, obtained from inside the Mursi government, lends additional credibility to the rep
Gary Edwards

Transnationalism vs. American Sovereignty « Tammy Bruce - 0 views

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    excerpt: "….Transnationalists want to rewrite the laws of war, do away with the death penalty, restrict gun rights and much more-all without having to win popular majorities or heed American constitutional limits. And these advocates are making major strides under an Obama administration that is itself a hotbed of transnational legal thinking…. To be clear, transnationalism isn't a conspiratorial enterprise. In the legal academy, its advocates have openly stated their aims and means. "International law now seeks to influence political outcomes within sovereign States," Anne-Marie Slaughter, then dean of Princeton's public-affairs school, wrote in an influential 2007 essay. International law, she went on, must expand to include "domestic choices previously left to the determination of national political processes" and be able to "alter domestic politics." The preferred entry point for importing foreign norms into American law is the U.S. court system. The Yale Law School scholar Howard Koh, a transnationalist advocate, has written that "domestic courts must play a key role in coordinating U.S. domestic constitutional rules with rules of foreign and international law." Over the past two decades, activist judges have increasingly cited "evolving" international standards to overturn state laws, and Mr. Koh has suggested that foreign norms can be "downloaded" into American law in this manner…. Ms. Slaughter and Mr. Koh held top posts at the State Department during Mr. Obama's first term, and their tenures coincided with an aggressive push to ratify or recognize as customary law… a host of … progressive causes. For proof that the transnationalist threat isn't merely theoretical, look no further than the European Union…. Today over half of the regulations that affect Europeans' lives are made by administrators in Brussels, not by national legislatures. These regulations include the EU's ban, announced in May, on restau
Paul Merrell

US Faces Scathing UN Review on Human Rights Record | Al Jazeera America - 0 views

  • The United States was slammed over its rights record Monday at the United Nations’ Human Rights Council, with member nations criticizing the country for police violence and racial discrimination, the Guantánamo Bay Detention Facility and the continued use of the death penalty. 
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    I suspect that U.S. trying of juveniles as adults made the list too. The U.S. is way out of step with the rest of the world on that score. 
Joseph Skues

Yes, Islam condones wife beatings - 0 views

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    "Recently, Marvin Levant (Dec. 28), Steve Harris (Dec. 30), Syed Soharwardy (Jan. 2), and Riazuddin Ahmed (Jan. 5) debated Islam through the forum of the Herald's letters to the editor. The issue of wife beating and gender inequality in Islam has become convoluted and highly controversial as many Muslims try to sugar-coat the ugly truths and others try to shed some light on the issue. Soharwardy's statement that "Beating one's wife is not only wrong, it is criminal and completely un-Islamic" is incorrect. The Qur'an says that "men are in charge of women because Allah has made one of them (men) to excel the other (women), thus man's superiority over women . . . good women are the obedient ones . . . admonish the rebellious women and banish them, and scourge them (whip them severely to inflict pain) (4:34) . . . smote them (hit or strike with the hand or with a weapon causing pain, beat them . . . (4:62)". Islam does not recognize gender equality. For example, polygamy is accepted in Islam, but polyandry is not. A woman's testimony is considered half as worthy as a man's in court; a son inherits twice as much as a daughter does. Muslim men may marry Muslim, Jewish or Christian women, but Muslim women can marry only Muslim men. In short, sharia law leads to the inhuman treatment of Muslim women by their husbands and others, especially in South Asia and the Middle East. Higher education is emphasized more for sons than for daughters; in cultural honour killings, almost always women are the target for murder. Under sharia, divorced Muslim women get custody of their sons under eight years of age and daughters until puberty, and then the fathers take the children away. Sharia enabled one of the worst fundamentalists, the vile and ruthless military dictator, Muhammad Zia-ul-Haq, to put more than 15,000 rape victims in jail because they could not comply with the absurd Islamic condition requiring them to have numerous male witnesses of their victimization. They were char
Paul Merrell

John Bolton: Edward Snowden 'Ought To Swing From A Tall Oak Tree' - 0 views

  • Former U.S. ambassador to the United Nations John Bolton spoke out against former government contractor Edward Snowden for leaking classified details on the National Security Agency's controversial surveillance practices, suggesting Snowden should "swing from a tall oak tree" as punishment. Speaking on Fox News on Monday, Bolton, who served under former President George W. Bush, characterized Snowden's actions as treason, and urged against any public talk of amnesty.
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    Also echoed by former CIA Director James Woolsey. http://jonathanturley.org/2013/12/18/ex-cia-director-calls-for-snowden-to-be-hanged-by-his-neck-until-he-is-dead/ Personally, I'm against the death penalty but if anyone is to swing from the yardarm, it should be the perverted politicos and bureaucrats who turned this nation into a police state, as well as their willing lackeys like Bolton and Woolsey.  Edward Snowden is a patriot; these guys used the Constitution to wipe their behinds every day. 
Paul Merrell

Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
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  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
Paul Merrell

War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views

  • The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
  • They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
  • Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
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  • Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.
  • Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.
  • Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
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  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
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    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
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    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
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    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
Paul Merrell

Show Us the Drone Memos - NYTimes.com - 0 views

  • I BELIEVE that killing an American citizen without a trial is an extraordinary concept and deserves serious debate. I can’t imagine appointing someone to the federal bench, one level below the Supreme Court, without fully understanding that person’s views concerning the extrajudicial killing of American citizens.But President Obama is seeking to do just that. He has nominated David J. Barron, a Harvard law professor and a former acting assistant attorney general, to a seat on the United States Court of Appeals for the First Circuit.
  • I believe that all senators should have access to all of these opinions. Furthermore, the American people deserve to see redacted versions of these memos so that they can understand the Obama administration’s legal justification for this extraordinary exercise of executive power. The White House may invoke national security against disclosure, but legal arguments that affect the rights of every American should not have the privilege of secrecy.I agree with the A.C.L.U. that “no senator can meaningfully carry out his or her constitutional obligation to provide ‘advice and consent’ on this nomination to a lifetime position as a federal appellate judge without being able to read Mr. Barron’s most important and consequential legal writing.” The A.C.L.U. cites the fact that in modern history, a presidential order to kill an American citizen away from a battlefield is unprecedented.The Bill of Rights is clear. The Fifth Amendment provides that no one can be “deprived of life, liberty, or property, without due process of law.” The Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, by an impartial jury,” as well as the right to be informed of all charges and have access to legal counsel. These are fundamental rights that cannot be waived with a presidential pen.
  • In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield, however despicable, are guaranteed a trial by our Constitution.
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  • While he was an official in the Justice Department’s Office of Legal Counsel, Mr. Barron wrote at least two legal memos justifying the execution without a trial of an American citizen abroad. Now Mr. Obama is refusing to share that legal argument with the American people. On April 30, I wrote to the Senate majority leader, Harry Reid, urging him to delay this nomination, pending a court-ordered disclosure of the first memo I knew about. Since that letter, I have learned more. The American Civil Liberties Union sent a letter to all senators on May 6, noting that in the view of the Senate Intelligence Committee chairwoman, Dianne Feinstein, “there are at least eleven OLC opinions on the targeted killing or drone program.” It has not been established whether Mr. Barron wrote all those memos, but we do know that his controversial classified opinions provided the president with a legal argument and justification to target an American citizen for execution without a trial by jury or due process.
  • No one argues that Americans who commit treason shouldn’t be punished. The maximum penalty for treason is death. But the Constitution specifies the process necessary to convict.Continue reading the main story Continue reading the main story AdvertisementAnwar al-Awlaki was an American citizen who was subject to a kill order from Mr. Obama, and was killed in 2011 in Yemen by a missile fired from a drone. I don’t doubt that Mr. Awlaki committed treason and deserved the most severe punishment. Under our Constitution, he should have been tried — in absentia, if necessary — and allowed a legal defense. If he had been convicted and sentenced to death, then the execution of that sentence, whether by drone or by injection, would not have been an issue. Continue reading the main story 526 Comments But this new legal standard does not apply merely to a despicable human being who wanted to harm the United States. The Obama administration has established a legal justification that applies to every American citizen, whether in Yemen, Germany or Canada.
  • Defending the rights of all American citizens to a trial by jury is a core value of our Constitution. Those who would make exceptions for killing accused American citizens without trial should give thought to the times in our history when either prejudice or fear allowed us to forget due process. During World War I, our nation convicted and imprisoned Americans who voiced opposition to the war. During World War II, the government interned Japanese-Americans.The rule of law exists to protect those who are minorities by virtue of their skin color or their beliefs. That is why I am fighting this nomination. And I will do so until Mr. Barron frankly discusses his opinions on executing Americans without trial, and until the American people are able to participate in one of the most consequential debates in our history. Rand Paul is a Republican senator from Kentucky.
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
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    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

Corbyn Says ISIS Partly Created by Western Intervention | nsnbc international - 0 views

  • Jeremy Corbyn delivered his uncompromising stance on Western warmongering from the back of a London taxi last week. As the cab raced through the streets of the capital, the new Labour leader revealed his vision for an ethical foreign policy in his 17-minute interview with Middle East Eye.
  • Asked how he would deal with ISIS, the anti-war campaigner was uncompromising. “ISIS (a.k.a. ISIL & Daesh, edt.) didn’t come from nowhere, they’ve got a lot of money that’s come from somewhere. They have a huge supply of arms that have come from somewhere and they are, not in total but in part, a creation of western interventions in the region,” he said. According to Corbyn, he would deal with the terror group by economically isolating its members. He says he would attempt to unite other groups in the region and stressed the importance of supporting autonomy for Kurdish groups. On the rise of ISIS, he pointed to the vast amount of arms that Britain sells, particularly to Saudi Arabia, declaring they must have ended up somewhere and are now being used. Corbyn was vehemently opposed to the 2013 Parliamentary vote on military intervention in Syria and remains adamant that bombing the country now would create more mayhem. He told Middle East Eye it would be very unclear who the alliances would be with.
  • On the region in general, he referred to Israel and Palestine as a massive issue. Unlike his British counterparts, he expressed grave concern at the illegal Israeli settlements, military occupation of the West Bank, and lack of reconstruction in Gaza. Praising the recent agreement with Iran, he said he wished it had included the issue of human rights,
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  • On Britain’s relationship with Saudi Arabia, Corbyn expressed concern on what he referred to as a “huge number of issues,” naming the treatment of women, the frequent use of the death penalty — including public beheadings — and the treatment of migrant workers. At a recent Parliamentary debate, Corbyn raised the question of whether British arms sales to Saudi Arabia are more important than genuine concerns about human rights. Most of us already know the answer to this question. “We need to be a constant irritant on human rights,” he said. Asked how Britain can make itself safer, both at home and abroad, Corbyn was frank: “We make ourselves safer by not being part of U.S. foreign policy at every single turn. And we become a force for human rights rather than military intervention.”
  • Describing what an ethical foreign policy under a Corbyn-lead British government would look like, he said, “My basis would be that I want to see the protection and preservation of human rights around the world, deal with issues of global hunger and global inequality, and the environmental disaster that is facing this planet.” He added, “I think that should be the basis rather than what it is at the moment which seems to be to see what the White House wants, and how we can deliver it for them.”
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    Sounds like things will be different in the UK when the new PM, Jeremy Corbyn, takes office. Query, does this make him a legitimate target for U.S. drone attack?
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
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  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
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    So finally the locations of at least some of the CIA "black sites" are out in the open. 
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