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Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murp... - 0 views

www.guardian.co.uk/...omey-fbi-director-bush-history

surveillance state war & peace Obama Comey FBI confirmation-hearing torture indefinite detention

shared by Paul Merrell on 23 Jun 13 - No Cached
  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
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  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
  • Paul Merrell on 23 Jun 13
     
    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
Paul Merrell

UN Denounces Israel's Administrative Detention Policy - International Middle East Media... - 0 views

www.imemc.org/71231

war & peace Israel Palestine detentions OHCHR

shared by Paul Merrell on 14 Apr 15 - No Cached
  • Israeli practices of detaining Palestinians without charge or trial is a violation of the Fourth Geneva Convention, which defines humanitarian protection for civilians, the United Nations has said.
  • The comments made by a spokeswoman for the United Nations Human Rights Office (OHCHR) came just days after Khalida Jarrar, a Palestinian lawmaker, was imprisoned without trial by Israeli authorities, The Nation website said. "We are concerned at the continued and increasing use of administrative detention by Israeli authorities against Palestinians. Administrative detainees are held without charge or trial, often on the basis of secret evidence, for periods of up to six months, which are extendable indefinitely," UN spokeswoman Ravina Shamdasani said, during a press briefing in Geneva, adding that this practice had been condemned by the UN on numerous occasions in the past. OHCHR reiterates its call on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law, she said. Khalida Jarrar, a member of the Palestinian parliament and the Popular Front for the Liberation of Palestine, was arrested on Monday and is currently being held in administrative detention, PNN reports.
  • Jarrar is just one of the many Palestinians that include several other legislators, believed to be held in prisons by Israel. "As of February this year, there were reportedly 424 Palestinians held under administrative detention orders - more than double the 181 held at the same time last year," Shamdasani said. "We call, once again, on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law and standards." The policy of administrative detention, which Israel has reportedly defended as necessary to prevent attacks, has also been criticized by several Israeli lawmakers, who have denounced it as "draconian." "Israel should be ashamed of the draconian regime of administrative detentions, which is unparalleled in any democracy," Aida Touma-Suliman, a member of the Arab Joint List party, said, according to a report by Haaretz, an Israeli newspaper.
Gary Edwards

California NDAA Nullification Bill Passes Assembly Committee Unanimously - Tenth Amendm... - 1 views

blog.tenthamendmentcenter.com/...assembly-committee-unanimously

AB351 NDAA-Nullification tenth-amendment

shared by Gary Edwards on 01 May 13 - No Cached
  • Gary Edwards on 01 May 13
     
    Absolutely stunning news!!!!  Tea Party Patriots and liberal progressive democrats have combined their efforts and passed the single most significant NDAA nullification Act yet.  AB351 now heads for debate and vote of the general California Assembly. "Today, the California Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act. Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against "indefinite detention" as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012.  It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation.  A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic committee to support the republican-introduced legislation. AB351 was supported by the ACLU, Tenth Amendment Center, San Francisco 99% coalition, San Francisco Board of Supervisors, the Libertarian Party of California - and many others. AB351 establishes the proper constitutional role by first citing the 10th Amendment as limiting the power of the federal government as to that which has been delegated to it and nothing more. The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it in the United States Constitution. It then declares the indefinite detention powers under NDAA to be unconstitutional: Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the United States Constitution and corroding our nation's commitment to the rule of law Most importantly, the bill requires the entire state apparatus, including all local governments, to refuse to implement the fede
Paul Merrell

Occupier orders Palestinian lawmaker Khalida Jarrar held six months without charge or t... - 0 views

electronicintifada.net/...r-held-6-months-without-charge

war & peace Israel Palestine political-prisoners

shared by Paul Merrell on 06 Apr 15 - No Cached
  • After seizing her from her home in the middle of the night last week, Israeli occupation forces have ordered that a Palestinian lawmaker be held without charge or trial for six months. Palestinian Legislative Council member Khalida Jarrar was given a so-called “administrative detention” order on Sunday, the Palestinian prisoners’ rights group Addameer said in a statement.
  • Jarrar is one of 15 Palestinian legislators and 23 female political prisoners currently detained by Israeli occupation forces, Addameer states. Jarrar, a prominent member of the Popular Front for the Liberation of Palestine, is closely involved in prisoner issues. Last August, Israeli occupation forces issued Jarrar with an order banishing her to Jericho. She defied the order, remaining in her home in the occupied West Bank town of al-Bireh from where she was arrested by dozens of armed soldiers.
  • There are currently six thousand Palestinian political detainees in Israeli prisons, including almost 500 administrative detainees, according to Addameer’s most recent statistics. Human rights defenders have consistently condemned Israel’s practice of prolonged detention of Palestinians without charge or trial. In a 2012 report, Amnesty International called on Israel to stop using administrative detention – a relic of British colonial rule in Palestine – and urged “the immediate and unconditional release [of] prisoners of conscience held just for peacefully exercising their rights to freedom of expression and assembly.” Amnesty says that administrative detainees, like many other Palestinian prisoners, “have been subjected to violations such as the use of torture and other ill-treatment during interrogation, as well as cruel and degrading treatment during their detention, sometimes as punishment for hunger strikes or other protests.”
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  • Administrative detention orders are indefinitely renewable. Addameer says that it considers administrative detention to be a war crime under the terms of the Fourth Geneva Convention governing the rights of civilians in occupied territory. Jarrar’s arrest, it states, is “part of the systemic targeting of Palestinian political figures in order to criminalize their work and to silence them and stop them from practicing their roles in defending and supporting the Palestinian cause.”
Gary Edwards

California: Urgent Last-Minute Action to Stop NDAA "Indefinite Detention" - Tenth Amend... - 1 views

blog.tenthamendmentcenter.com/...stop-ndaa-indefinite-detention

tenth-amendment tenthers NDAA

shared by Gary Edwards on 08 Apr 13 - No Cached
  • Gary Edwards on 08 Apr 13
     
    From the Tenth Amendment Center:   "On Tuesday, April 9th, the California Assembly Public Safety Committee will hold a hearing and do-or-die vote on AB351.   Passage of this bill would be a serious setback to those advancing the power of "indefinite detention" in the United States. AB351 NEEDS YOUR HELP RIGHT NOW TO PASS. 1. CALL all the members of the Public Safety Committee.  Call in the evenings or on the weekend as well.  We want them to have a flood of messages in support by the time they have the hearing on Tuesday.  Be VERY respectful, but be strong. Urge each of them to vote YES on AB351. Tom Ammiano, chair (916) 319-2017 Melissa Melendez, vice-chair (916) 319-2067 Byron Jones-Sawyer, Sr. (916) 319-2059 Holly J. Mitchell (916) 319-2054 Bill Quirk (916) 319-2020 Nancy Skinner (916) 319-2015 Marie Waldron (916) 319-2075 "
Paul Merrell

Lifting the 24 Hour Siege: Julian Assange, London's Metropolitan Police and Continued D... - 0 views

www.globalresearch.ca/...5482225

surveillance state war & peace Assange Ecuador asylum police

shared by Paul Merrell on 17 Oct 15 - No Cached
  • While things tend to get murky, sometimes by design, regarding the police presence outside the Ecuadorean embassy in London, the announcement that the city’s Metropolitan Police would be lifting their twenty-four hour surveillance did surprise some. This was hardly to suggest that the police forces had lost interest in capturing Julian Assange.  What mattered here was that the costs in guarding Assange from a literal flight of fancy had simply become disproportionate, requiring a change of tact.  Over £12m in costs had been incurred since he skipped bail to avoid his Swedish sojourn, and irrespective of which side of the Assange side one was on, anger was mounting at a very conspicuously bloated project. The statement from the Metropolitan Police was cool in its language.  “Like all public services, MPS resources are finite.  With so many different criminal, and other, threats to the city it protects, the current deployment of officers is no longer believed proportionate” (The Guardian, Oct 12). The siege, according to WikiLeaks spokesman Kristinn Hrafnsson, had not been lifted so much as reconstituted.  “My interpretation is that it has not been lifted. They are calling off the uniformed presence but escalating the covert operation and will arrest him if he steps outside off the embassy.”  Costs, in other words, were going to be moved off the books to un-uniformed personnel.
  • Having been granted political asylum for fears that he might be carted off to the US via Sweden to face the findings of an empanelled grand jury, he remains confined to the cramped quarters of the embassy.  Nor can he rely on new laws in the form of the Anti Social Behaviour, Crime and Policing Act 2014 that make an “accusation” – in this case, claims of sexual assault on two Swedish nationals in Sweden – insufficient to require extradition.  As the laws were passed after the fact, precisely motivated by the Assange imbroglio, the foreign and commonwealth office has deemed it inapplicable retrospectively.  Assange, as ever, continues to be the legal exception, a singular target of juridical manipulation. In the meantime, the UN working group on arbitrary detention (WGAD) has been considering Assange’s case, and it likely to find in his favour given its previous rulings of a deprivation of liberty when a person is forced to choose between confinement or the forfeiture of a fundamental right such as asylum.[1] It is also a principle that holds for the European Court of Human Rights and the UN High Commissioner for Refugees (UNHCR).  The latter defines detention as confinement “within a narrowly bounded or restricted location, including prisons, closed camps, detention facilities or airport transit zones, where freedom of movement is substantially curtailed, and where the only opportunity to leave this limited area is to leave the territory.”
  • [2] Submission to the Working Group on Arbitrary Detention by Mr. Julian Assange, available at: https://justice4assange.com/IMG/pdf/assange-wgad.pdf
Paul Merrell

Conflict Erupts in Public Rebuke on C.I.A. Inquiry - NYTimes.com - 0 views

www.nytimes.com/...-used-by-senate-committee.html

surveillance state CIA Feinstein Senate-Intelligence-Committee

shared by Paul Merrell on 12 Mar 14 - No Cached
  • A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.Describing what she called a “defining moment” for the oversight of American spy agencies, Ms. Feinstein said the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.
  • Ms. Feinstein’s disclosures came a week after it was first reported that the C.I.A. last year had monitored computers used by her staff in an effort to learn how the committee may have gained access to the agency’s own internal review of the detention and interrogation program that became perhaps the most criticized part of the American government’s response to the Sept. 11, 2001, attacks. Ms. Feinstein said the internal review bolstered the conclusions of the committee’s still-classified report on the program, which President Obama officially ended in January 2009 after sharply criticizing it during the 2008 presidential campaign. For an intelligence community already buffeted by controversies over electronic surveillance and armed drone strikes, the rupture with Ms. Feinstein, one of its closest congressional allies, could have broad ramifications.
  • “Feinstein has always pushed the agency in private and defended it in public,” said Amy B. Zegart, who studies intelligence issues at Stanford University. “Now she is skewering the C.I.A. in public. This is a whole new world for the C.I.A.”Ms. Feinstein, who had refused to comment on the dispute between the C.I.A. and her committee, took the Senate floor on Tuesday morning to say the agency’s actions had breached constitutional provisions for the separation of powers and “were a potential effort to intimidate.” “How this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee,” she said.
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  • The dispute came to a head in mid-January when Mr. Brennan told members of the committee that the agency had carried out a search of computers used by committee investigators at a C.I.A. facility in Northern Virginia, where the committee was examining documents the agency had made available for its report. Ms. Feinstein said on Tuesday that during the meeting, Mr. Brennan told her that the C.I.A. had searched a “walled-off committee network drive containing the committee’s own internal work product and communications” and that he was going to “order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.”
  • The C.I.A. had carried out the search to determine whether committee investigators may have gained unauthorized access to the internal review of the detention program that the agency had carried out without informing the committee. Ms. Feinstein on Tuesday vigorously disputed this allegation, saying the document had been included — intentionally or not — as part of a dump of millions of pages the C.I.A. had provided for the Intelligence Committee.
  • Mr. Brennan, in a January letter to Ms. Feinstein that a government official who did not want to be identified released on Tuesday, said the committee had not been entitled to the internal review because it contained “sensitive, deliberative, pre-decisional C.I.A. material”— and therefore was protected under executive privilege considerations. The letter, attached to a statement that Mr. Brennan issued to the agency’s employees on Tuesday, raised questions about Ms. Feinstein’s statements earlier in the day concerning at what point the committee came into possession of the internal review. The C.I.A.’s acting general counsel has referred the matter to the Justice Department as a possible criminal offense, a move Ms. Feinstein called a strong-arm tactic by someone with a conflict of interest in the case. She said that that official had previously been a lawyer in the C.I.A.’s Counterterrorism Center — the section of the spy agency that was running the detention and interrogation program — and that his name is mentioned more than 1,600 times in the committee’s report. Ms. Feinstein did not name the lawyer, but she appeared to be referring to Robert Eatinger, the C.I.A.’s senior deputy general counsel. In 2007, The New York Times reported that when a top C.I.A. official in 2005 destroyed videotapes of brutal interrogations of Al Qaeda detainees, Mr. Eatinger had been one of two lawyers to approve their destruction.
  • Ms. Feinstein said that on two occasions in 2010, the C.I.A. had removed documents totaling hundreds of pages from the computer server used by her staff at the Northern Virginia facility. She did not provide any details about the documents, but said that when committee investigators confronted the C.I.A. they received a number of answers — first a denial that the documents had been removed, then an explanation that they had been removed by contractors working at the facility, then an explanation that the removal of documents was ordered by the White House. When the committee approached the White House, she said, it denied giving such an order.Ms. Feinstein’s broadside rallied Senate Democrats, but divided Republicans.
  • Paul Merrell on 12 Mar 14
     
    The separation of powers Constitutional issue here is plain. The Senate has oversight of the CIA; the CIA has no lawful oversight of the Senate and furthermore is forbidden by law from conducting surveillance within the U.S. But the CIA spied on the Senate, then used evidence it found to file a criminal complaint with the DoJ against Senate staffers. Tit for tat, a criminal complaint has been filed against the CIA staffers.   
Paul Merrell

First Israeli jailed without trial in sweep over West Bank arson | Reuters - 0 views

www.reuters.com/...etention-idUSKCN0Q929W20150804

war & peace Israel administrative-detention Israeli-terrorists

shared by Paul Merrell on 05 Aug 15 - No Cached
  • Israel jailed a suspected Jewish militant without trial on Tuesday, the first application of the controversial measure against a citizen in a government-ordered crackdown following the lethal torching of a Palestinian home. The suspect, Mordechai Meyer, a resident of a Jewish settlement in the occupied West Bank, was arrested and placed under so-called "administrative detention" for six months, Israel's Defense Ministry said in a statement. It accused him of "involvement in violent activity and recent terrorist attacks as part of a Jewish terror group".Administrative detention, under which Israel holds hundreds of Palestinians and which civil liberties groups deplore as a blow to due process of the law, was among new measures Prime Minister Benjamin Netanyahu's security cabinet approved for Jews suspected in Friday's arson in the West Bank. The attack killed a Palestinian toddler and severely injured three relatives. Detention without trial is required, Israel says, to prevent further violence in cases where there is insufficient evidence to prosecute, or where going to court would risk exposing the identity of secret informants. Two other Israelis with ties to far-right Jewish groups, Meir Ettinger and Eviatar Salonim, were arrested this week. Police said the former was remanded in custody pending further investigation but was not placed under administrative detention. They did immediately detail Salonim's terms.
Paul Merrell

Globalizing Torture: CIA Secret Detention and Extraordinary Rendition | Open Society Fo... - 0 views

www.opensocietyfoundations.org/...on-and-extraordinary-rendition

human rights CIA presidency extraordinary rendition report 9-11 Obama Bush-II

shared by Paul Merrell on 18 Jan 14 - No Cached
  • Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine “black sites” using torture techniques.
  • Globalizing Torture: CIA Secret Detention and Extraordinary Rendition Download the 216-page report. 1.08 MB pdf
  • Globalizing Torture is the most comprehensive account yet assembled of the human rights abuses associated with CIA secret detention and extraordinary rendition operations. It details for the first time what was done to the 136 known victims, and lists the 54 foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, Globalizing Torture makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
  • Paul Merrell on 18 Jan 14
     
    Thorough and comprehensive review of what is known about more than 130 cases of CIA "extraordinary renditions" and torture. Report makes it clear that these practices continue under Obama. For the first time, identifies all of the 54 foreign governments that collaborated. Heavily referenced, written by experienced human rights lawyers.  This report comes as the Senate Select Committee on Intelligence is fighting CIA and Obama Administration efforts to delay publication of the Senate committee's multi-volume report on the same topic. 
Paul Merrell

CIA and White House under pressure after Senate torture report leaks | World news | the... - 0 views

www.theguardian.com/...-pressure-leaked-senate-report

war & peace torture CIA lies Senate-Intelligence_Committee-Report

shared by Paul Merrell on 14 Apr 14 - No Cached
  • A leak of the major findings of a landmark Senate inquiry into the CIA’s post-9/11 torture of terrorism detainees led, on Friday, to intensified pressure on the White House and the CIA to release the inquiry speedily and with a minimum of redactions.The classified study, prepared by the Senate select committee on intelligence, concluded that the CIA’s interrogations, secret detentions and outsourced torture sessions were “brutal, and far worse than the agency communicated to policymakers.” More suspected terrorists underwent the agency’s post-9/11 treatment, which largely lasted from 2002 to 2006, than the CIA has publicly admitted, according to the report’s findings, which were first reported by McClatchy. Last week, committee chairwoman Dianne Feinstein of California stated that the Senate investigated the cases of 100 detainees – dozens more than previously known to have gone through the CIA’s so-called “interrogation, detention and rendition” programs.
  • In addition to misleading policymakers, the Senate report charges the CIA with selectively and leaking classified and inaccurate information to journalists in order to portray the program in a positive light.“The CIA manipulated the media by co-ordinating the leak of classified information, which inaccurately portrayed the effectiveness of the agency’s enhanced interrogation techniques,” the committee found.The agency also, according to the report, provided factually inaccurate information to Bush administration lawyers, who relied on it to concoct the legal theories that underpinned an apparatus of torturous interrogations and detentions that quickly spread to US military facilities at Guantánamo Bay, Iraq and Afghanistan.
  • According to the leaked conclusions, the committee found that that the agency poorly managed its interrogation and detention efforts. It relied extensively on outside contractors for design and implementation, especially “two contract psychologists,” whom an earlier Senate Armed Services Committee investigation identified as Bruce Jessen and Jim Mitchell. Both men were influential in retrofitting techniques that had been designed to train captured US troops to survive and resist torture by foreign adversaries for use on detainees.“Numerous internal critiques and objections concerning the CIA’s management and use of the Detention and Interrogation [sic] were ignored,” according to the committee findings. Those internal critiques include a now partially declassified 2004 inspector general’s report.
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  • Despite the acrimony, the White House announced last week that the CIA will lead the executive-branch panel that will recommend how much of the Senate report’s executive summary, findings and recommendations to make public, a decision blasted by human-rights groups and intelligence scholars as a conflict of interest.
  • In a letter he sent to President Obama on Friday, Senator Mark Udall, a Democrat from Colorado, wrote, "[T]he most pressing reason for the White House to step in and manage this process is the CIA's clear conflict of interest on this issue and its demonstrated inability to face the truth about this program. … The CIA is certainly entitled to issue a public response to the Committee's study, but not to impede the declassification of the study itself."
Paul Merrell

Cabinet okays jailing Israelis without charge in crackdown on Jewish terror | The Times... - 0 views

www.timesofisrael.com/-in-crackdown-on-jewish-terror

war & peace Israel administrative-detention Jewish-terrorists

shared by Paul Merrell on 04 Aug 15 - No Cached
  • The Israeli government authorized security officials to use administrative detention and all other appropriate means to track down and hold suspects in Friday’s murder of Palestinian infant Ali Saad Dawabsha
  • At an emergency meeting Sunday evening, ministers approved the use of “all means necessary” to catch the killers, alleged to be Jewish terrorists, who firebombed the Dawabsha home in the early hours of Friday morning, burning it down, killing Ali, and leaving his parents and brother fighting for their lives. Ministers also agreed to expedite legislation designed to counter Jewish terrorism, according to a statement from the Prime Minister’s Office. A ministerial committee including Defense Minister Moshe Ya’alon, Internal Security Minister Gilad Erdan and Justice Minister Ayelet Shaked was established to oversee other requirements to ensure more effective efforts to quell the extremism.
  • Security officials quoted on Israel’s Channel 2 news warned that a group of Jewish extremists, sometimes referred to as “Hilltop youth,” were responsible for a series of hate-crime attacks in recent years, and that these “rebels” and “anarchists” are bent on undermining the rule of law in Israel. The officials said there had been a fall in the number of their attacks of late, but that the attacks themselves were becoming increasingly grave. The officials said they were not being hampered by a lack of intelligence as much as by a lack of legal tools to grapple with Jewish suspects. Of five suspects in a June arson attack at the Church of the Multiplication of the Loaves and Fishes, at Tabgha on the Sea of Galilee, they said, three had been indicted, but they did not have the legal tools necessary to hold the other two in detention.
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  • Other security insiders told The Times of Israel Sunday, however, that the Shin Bet security service did have difficulty obtaining intelligence about Jewish extremist groupings. A Channel 2 report on Friday said that investigations into 15 arson attacks on Palestinian targets since 2008 had yielded no convictions.
  • Israel’s President Reuven Rivlin warned in the wake of Friday’s attack that Israel had been “lax” in confronting Jewish terrorism. At separate rallies on Saturday night, both he and former president Shimon Peres warned that Israel was being consumed by “flames” of hatred. They referred, too, to a stabbing attack on the Jerusalem Gay Pride Parade on Thursday, in which six people were injured. The assailant in that attack was an ultra-Orthodox man, Yishai Schlissel, who had attacked the same parade in 2005 and only recently been freed from jail. One of the victims, 16-year-old Shira Banki, died of her wounds Sunday. A senior defense official told Israel Radio earlier Sunday that dealing with Jewish terror suspects necessitated using the same methods implemented against Palestinian terror suspects.
  • The official noted that the perpetrators of Friday’s firebomb attack in the West Bank village of Duma had been sophisticated in their actions — avoiding carrying mobile phones on their person — which could have been used to identify them — and leaving no tracks when they escaped the scene. Israeli security sources said Saturday that the two assailants had fled on foot in the direction of east Shiloh, a settlement area nearby. A Channel 2 report said they were suspected of coming from the area of the Esh Kodesh settlement outpost, but not from the outpost itself. A gag order has been placed on the investigation. Administrative detention — incarceration without trial — is considered a harsh and highly controversial method, but is increasingly used by world governments to combat the threat of terror, when there is not enough evidence against a suspect to justify a criminal trial. Administrative detention is temporary in nature, but may be renewed repeatedly by the defense minister.
  • The PA said that it held the Israeli government responsible for the attack in Duma.
  • Two homes in the Palestinian village of Duma, south of Nablus, were set alight, and the Hebrew words “Revenge” and “Long live the king messiah” were spray-painted on their walls, alongside a Star of David.
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

www.miamiherald.com/...article4263887.html

war & peace GITMO forced-feedings litigation appeal

shared by Paul Merrell on 06 Dec 14 - No Cached
  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
  • ...3 more annotations...
  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
  • Paul Merrell on 06 Dec 14
     
    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Indefinite Detention Of Americans Survives House Vote - 0 views

www.informationclearinghouse.info/article35289.htm

politics of fear indefinite detention constitutional law trial by jury

shared by Paul Merrell on 15 Jun 13 - No Cached
  • The U.S. House of Representatives voted again Thursday to allow the indefinite military detention of Americans, blocking an amendment that would have barred the possibility. Congress wrote that authority into law in the National Defense Authorization Act two years ago, prompting outrage from civil libertarians on the left and right. President Barack Obama signed the measure, but insisted his administration would never use it. Supporters of detention argue that the nation needs to be able to arrest and jail suspected terrorists without trial, including Americans on U.S. soil, for as long as there is a war on terror. Their argument won, and the measure was defeated by a vote of 200 to 226.
Gary Edwards

Give Me Liberty! by Karen Kwiatkowski - 1 views

lewrockwell.com/...kwiatkowski289.html

Libertarian Liberty-Tryanny Karen-Kwiatkowski

shared by Gary Edwards on 19 Sep 12 - No Cached
  • Gary Edwards on 19 Sep 12
     
    Great speech Great speech!  Wonderful connection with today's events and the history of liberty.  Worth reading!   excerpt: "If tyranny might have been predicted, history also tells us that the ideas of liberty remain steadfast and pure, and repeatedly these ideas take form and flight, and agitate the status quo. Periodically in our own history, we have seen a resurgence of the ideas of Freeborn John. We are seeing them in the Republican Party, most specifically in the person and message of Dr. Ron Paul. We've seen them in the relatively young Libertarian Party. These ideas - of self-ownership, of religious toleration, of the right of free association, and of equality under the law, and ideas that oppose government influenced, government created, and government subsidized monopolies - these are old ideas, and they are right ideas. Today, we live under a constitution that in words, embraces liberty. And yet what we have in terms of a government, a president, a Congress, and a judiciary is arrogant and unrestrained. Just this week, we witnessed a mild example of actual constitutional process. A federal judge permanently blocked the detention of Americans by the executive branch. Section 1021 of the NDAA provides for the detention of any American indefinitely without habeas corpus or trial on executive order. It clearly contradicts the Constitution. Yet, when a federal judge explained this and blocked the practice, within hours of the ruling, the Obama administration filed an extensive and panicked appeal. Judge Napolitano wrote a scathing article this week, wondering what our choices were in terms of a change of national leadership. He basically asked, "What if the principal parties' candidates for president really agree more than they disagree?" He concluded with another question: "If elections change nothing, what do we do about it?"
Paul Merrell

BBC News - David Miranda loses detention legal battle - 0 views

www.bbc.co.uk/uk-26256544

surveillance state GCHQ Miranda-detention Greenwald litigation

shared by Paul Merrell on 21 Feb 14 - No Cached
  • The nine-hour detention at Heathrow Airport of an ex-Guardian journalist's partner has been ruled lawful. David Miranda lives with reporter Glenn Greenwald who has written articles about state surveillance based on leaked documents. At the High Court, Mr Miranda claimed his detention under anti-terrorism laws was unlawful and breached human rights. But judges said it was a "proportionate measure in the circumstances" and in the interests of national security. In his judgement, Lord Justice Laws, sitting with Mr Justice Ouseley and Mr Justice Openshaw, said: "Its objective was not only legitimate, but very pressing."
  • Mr Miranda's lawyers said he had applied for permission to appeal against the decision.
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Paul Merrell

Revealed: Senate report contains new details on CIA black sites | Al Jazeera America - 0 views

america.aljazeera.com/...senate-cia-torture.html

war & peace torture Senate-Intelligence_Committee-Report black-sites CIA-lies

shared by Paul Merrell on 10 Apr 14 - No Cached
  • A Senate Intelligence Committee report provides the first official confirmation that the CIA secretly operated a black site prison out of Guantánamo Bay, two U.S. officials who have read portions of the report have told Al Jazeera. The officials — who spoke on condition of anonymity because the 6,600-page report on the CIA’s detention and interrogation program remains classified — said top-secret agency documents reveal that at least 10 high-value targets were secretly held and interrogated at Guantánamo’s Camp Echo at various times from late 2003 to 2004. They were then flown to Rabat, Morocco, before being officially sent to the U.S. military’s detention facility at Guantánamo in September 2006. In September 2006, President George W. Bush formally announced that 14 CIA captives had been transferred to Guantánamo and would be prosecuted before military tribunals. He then acknowledged for the first time that the CIA had been operating a secret network of prisons overseas to detain and interrogate high-value targets.
  • The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations — based on flight logs and unnamed government sources — have routinely been denied by the CIA. The CIA and State Department declined Al Jazeera’s requests for comment. The Intelligence Committee last week voted 11 to 3 to declassify the report’s 480-page executive summary and 20 conclusions and findings, which incorporate responses from Republican members of the committee and from the CIA. The executive summary will undergo a declassification review, led by the CIA, with input from the State Department and the Office of the Director of National Intelligence, the U.S. officials said. The panel’s chairwoman, Democratic Sen. Dianne Feinstein, said in a statement last Thursday that the full 6,600-page report, with 37,000 footnotes, “will be held for declassification at a later time.”
  • Leaked details of the committee’s report have caused waves in countries like Poland, where the CIA is known to have operated a black site prison — which Polish officials continue to deny having known about. The U.S. officials who spoke to Al Jazeera said that the Senate report reveals 20 prisoners were secretly detained in Poland from 2002 to 2005. They added that Polish officials recently sought assurances from diplomats and visiting U.S. officials that the Senate report would conceal details about Poland’s role in allowing the CIA black site to be operated on Polish soil. Al Jazeera’s sources said U.S. officials reassured their Polish counterparts last year that it was almost certain that the declassified version of the report would not identify the countries that cooperated with the CIA’s detention and interrogation program.
  • ...6 more annotations...
  • According to the Senate report, Al Jazeera’s sources said, a majority of the more than 100 detainees held in CIA custody were detained in secret prisons in Afghanistan and Morocco, where they were subject to torture methods not sanctioned by the Justice Department. Those methods are recalled by the report in vivid narratives lifted from daily logs of the detention and interrogation of about 34 high-value prisoners. The report allegedly notes that about 85 detainees deemed low-value passed through the black sites and were later dumped at Guantánamo or handed off to foreign intelligence services. More than 10 of those handed over to foreign intelligence agencies “to face terrorism charges” are now “unaccounted for” and presumed dead, the U.S. officials said. The Senate report says more than two dozen of these men designated low-value had, in fact, been wrongfully detained and rendered to other countries on the basis of intelligence obtained from CIA captives under torture and from information shared with CIA officials by other governments, both of which turned out to be false. The report allegedly singles out a top CIA official for botching a handful of renditions and outlines agency efforts to cover up the mistakes. The Senate report allegedly accuses “senior CIA officials” of lying during multiple closed-session briefings to members of Congress from 2003 to 2005 about the use of certain “enhanced” interrogation techniques. The report says an agency official lied to Congress in 2005 when he insisted the U.S. was adhering to international treaties barring cruel and degrading treatment of prisoners, the U.S. officials told Al Jazeera.
  • The report not only accuses certain CIA officials of deliberately misleading Congress; Al Jazeera’s sources say it also suggests that the agency sanctioned leaks to selected journalists about phantom plots supposedly disrupted as a result of information gained through the program in order to craft a narrative of success. The Senate report, like a 2009 Senate Armed Services Committee report (PDF), says Air Force psychologists under contract to the CIA reverse-engineered a decades-old resistance-training program taught to U.S. airmen known as survival evasion resistance escape (SERE). According to a SERE training document obtained by Al Jazeera titled “Coercive Exploitation Techniques,” Air Force personnel were taught that communist regimes used “deprivations” of “food, water, sleep and medical care” as well as “the use of threats” in order to weaken a captive’s mental and physical ability to resist interrogation. “Isolation” would be used, according to the SERE program, to deprive the “recipient of all social support” so that he develops a “dependency” on his interrogator. And “physical duress, violence and torture” are used to weaken “mental and physical ability to resist exploitation.” Ironically, perhaps, the SERE document (displayed below) notes that such techniques were used by the Soviet Union, China and North Korea to obtain false confessions.
  • Senate investigators allegedly obtained from the CIA a 2003 “business plan,” written by Air Force psychologists James Mitchell and Bruce Jessen, that contained erroneous details about the positive aspects of the enhanced interrogation program and the veracity of the intelligence its extracted from detainees. The “business plan” states that Al-Qaeda captives were “resistant” to “standard” interrogation techniques, an argument the Senate report found lacked merit because torture techniques were used before they were even questioned. Neither Jessen, who lives in Spokane, Wash., nor Mitchell, who resides in Land o’ Lakes, Fla., responded to phone calls or emails for comment. Both men are featured prominently in the Senate’s report, according to U.S. officials.
  • According to Al Jazeera’s sources, Zain Abidin Mohammed Husain Abu Zubaydah was the only captive subjected to all 10 torture techniques identified in an August 2002 Justice Department memo. But the U.S. officials said the Senate report concludes that the methods applied to Abu Zubaydah went above and beyond the guidelines outlined in that memo and were used before the memo establishing their legality was written. The Senate report allegedly adopts part of a narrative from former FBI special agent Ali Soufan, who first interrogated Abu Zubaydah at the black site and wrote in his book “The Black Banners” that Mitchell was conducting an “experiment” on Abu Zubaydah. For example, the August 2002 Justice Department legal memo authorized sleep deprivation for Abu Zubaydah for 11 consecutive days, but Mitchell kept him awake far longer, the U.S. officials said, citing classified CIA cables. Abu Zubaydah was stripped naked, strapped into a chair and doused with cold water to keep him awake. He was then interrogated and asked what he knew, at which point, his attorney told Al Jazeera, Abu Zubaydah was “psychotic” and would have admitted to anything.
  • Additionally, the report allegedly says that Abu Zubaydah was stuffed into a pet crate (the type used to transport dogs on airplanes) over the course of two weeks and routinely passed out, was shackled by his wrists to the ceiling of his cell and subjected to an endless loop of loud music. One former interrogator briefed about Abu Zubaydah’s interrogations from May to July 2002 told Al Jazeera that the music used to batter the detainee’s senses was by the Red Hot Chili Peppers. Abu Zubaydah’s attorney, Brent Mickum, hopes the Senate report’s executive summary will vindicate what he has been saying for years. “My client was tortured brutally well before any legal memo was issued,” Mickum said. He expects the report to “show that my client was a nonmember of Al-Qaeda, contrary to all of the earlier reports by the Bush administration. I am also confident that the report will show that, after he was deemed to be compliant while he was held in Thailand, that he continued to be tortured on explicit orders from the Bush administration.” The Senate report, according to Al Jazeera’s sources, says that CIA interrogators were under an enormous pressure from top agency officials, themselves under pressure from the White House, to use “enhanced” interrogation techniques to obtain information from detainees connecting Iraq and Al-Qaeda.
  • One interrogator who worked for the CIA and the U.S. military during Bush’s tenure and participated in the interrogations of two high-value CIA prisoners told Al Jazeera — speaking on condition of anonymity because he is still employed by the U.S. government — that the “enhanced” interrogation program was “nothing more than the Stanford Prison Experiment writ large.” (The 1971 Stanford University study shocked the public by demonstrating how easily people placed in authority over more vulnerable others resorted to cruelty.) “Interrogators were being pressured — You have to get info from these people,’” the interrogator told Al Jazeera. “There was no consideration that the person we were interrogating may not know. That was always seen as a resistance technique. ‘They [the detainees] must be lying!’ There was pressure on us from above to produce what they wanted. Not a single person I worked with knew how to conduct an interrogation or [had] ever conducted an interrogation.”
Paul Merrell

US to Detainee: The Government "Regrets Any Hardship" - 0 views

fas.org/...regrets-any-hardship

deep-state unlawful-detention litigation apology

shared by Paul Merrell on 22 Jan 15 - No Cached
  • In an unusual gesture, the U.S. Government last week apologized to Abdullah al-Kidd, a U.S. citizen who was arrested in 2003 and detained as a material witness in connection with a terrorism-related case. Mr. Al-Kidd, represented by American Civil Liberties Union attorney Lee Gelernt, challenged his detention as unconstitutional and inhumane. Now the case has been settled, with an official apology and a payment of $385,000. “The government acknowledges that your arrest and detention as a witness was a difficult experience for you and regrets any hardship or disruption to your life that may have resulted from your arrest and detention,” wrote U.S. Attorney Wendy J. Olson in a January 15 letter. This sort of admission of regret is rare. The government apologizes much less frequently than it perpetrates injuries that are inappropriate or unwarranted. So, for example, the recent Senate report on post-9/11 CIA interrogation practices noted that at least 26 individuals had been “wrongfully detained.” But legal attempts to recover damages are typically foreclosed by courts based on “separation of powers, national security, and the risk of interfering with military decisions.”
  • Why not apologize and compensate those who have been abused and mistreated, starting with those individuals who by all accounts are innocent of any wrongdoing? It would be the just and honorable thing to do, both for the intelligence community and for the country. And it would be most powerful (and most “therapeutic”) if the IC undertook this step at its own initiative, rather than waiting to be compelled by others. “Personally I agree,” a senior U.S. intelligence community legal official said privately, “for the reasons you say and some others. [But] getting it done is a lot harder.” And so it is. Even as it apologized to Abdullah al-Kidd, the U.S. Government insisted on a stipulation that the settlement of the case “is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of the United States.”
  • Paul Merrell on 22 Jan 15
     
    More background on the case here. https://en.wikipedia.org/wiki/Ashcroft_v._al-Kidd
Paul Merrell

What is no longer classified? (and what does it portend for the credibility of governme... - 0 views

justsecurity.org/...-order-911-military-commission

war & peace CIA torture detainees rendition

shared by Paul Merrell on 02 Mar 15 - No Cached
  • The prosecution’s motion to amend the protective order in the 9/11 military commission is finally posted.  As I discussed here, Judge Spath has granted a similar motion in the al-Nashiri case.  Judge Pohl has yet to rule on this motion in the 9/11 case because the defense apparently intends to file at least one response to it. In an earlier post I explained why I think this development is very welcome and overdue. There’s another very noteworthy thing about the prosecution’s motion, as well:  It enumerates those categories of information about the CIA’s rendition/detention/interrogation program that are no longer classified at all, and that therefore presumably can now be discussed even by those (unlike the detainees) who were properly subject to restrictions on disclosing such matters–including information about the treatment of all 119 individuals who were in CIA custody, to wit:
  • • The fact that the former RDI Program was a covert action program authorized by the President in the September 17, 2001 Memorandum of Notification; • General allegations of torture by high-value detainees, unless such allegations reveal the identities (e.g., names, physical descriptions, or other identifying information) of CIA personnel or contractors, the locations of detention sites (including the name of any country in which the detention site was allegedly located), or any foreign intelligence service involvement in the detainees’ capture, rendition, detention, or interrogation; • The names and descriptions of the thirteen Enhanced Interrogation Techniques (EITs) that were approved for use, and the specified parameters within which the EITs could be applied;
  • • The techniques themselves as applied to the 119 individuals mentioned in Appendix 2 of the SSCI Executive Summary acknowledged to have been in CIA custody; • Information regarding the conditions of confinement as applied to those 119 individuals; • Information regarding the treatment of those 119 individuals, including the application of standard interrogation techniques; and • Information regarding the conditions of confinement or treatment during the transfer (“rendition”) of the 119 individuals.
  • ...1 more annotation...
  • This is important for several reasons, not least of which is that it might mean that it is now permissible to release the vast majority of the complete, 6000-or-so-page SSCI Report. One other thing:  The motion relates that in April 2012, in support of the Government’s motion requesting that Judge Pohl issue the protective order, the accompanying declarations of government officials set forth the “grave harm to national security that unauthorized disclosure of such information would cause.”  I think it’s fair to say, now that such information has been disclosed, that these alarms were unwarranted and ill-advised.  No grave harm has befallen the nation.  And so it appears, at least, as though there never was a very good reason why these important categories of information about the RDI program could not and should not have been disclosed years ago.
  • Paul Merrell on 02 Mar 15
     
    But what about "extraordinary rendition?"
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

www.nytimes.com/...-on-interrogation-program.html

war & peace CIA torture Tenet Brennan Obama Senate-Intelligence_Committee-Report cover-up must-read

shared by Paul Merrell on 05 Aug 14 - No Cached
  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
  • ...4 more annotations...
  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
  • Paul Merrell on 05 Aug 14
     
    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
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