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Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.

But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.

“Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.

Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.

Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)

To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 

Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  

When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.

Noura Erakat

The article highlighted one document Osorio presented that revealed the bilateral precedent for what would become a multilateral system of regional repression: a secret accord between the Argentine and Paraguayan military intelligence services to "Collaborate in the struggle against subversion…" and the "… internment [of dissenters]…" " The agreement was dated September 12,1972, and signed by Paraguayan intelligence officer Col. Benito Guanes Serrano. Three years later, Guanes would also be one of the five original signatories of the secret Condor accords. Osorio discovered the document in the Archive of Terror in Paraguay. In September 1975, an assessment by a State Department intelligence analyst concluded that "The national security forces of the southern cone surpass the terrorists in cooperation at the international level…" Six weeks later, in Santiago, Chile, intelligence chiefs from Argentina, Bolivia, Chile, Paraguay and Uruguay signed an "Acta" officially establishing Operation Condor. Osorio introduced that pivotal document - provided to the Archive by a source in Chile - into evidence as well.

Two declassified U.S. documents presented to the tribunal underscored the contradictory response of high U.S. officials as they became aware of Condor operations in the summer of 1976. One well-known 13-page memorandum of conversation between Secretary of State Henry Kissinger and Argentine Foreign Minister Admiral Cesar Guzzetti dated June 10, 1976, revealed Kissinger’s endorsement of the regional collaboration to repress the left. After Guzzetti informed Kissinger that the Southern Cone regimes were engaged in "joint efforts" to fight "the terrorist problem," Kissinger essentially supported this approach: "If there are things that have to be done, you should do them quickly. But you should get back quickly to normal procedures," according to the declassified transcript Osorio provided to the court. "We want you to succeed. We do not want to harrass [sic] you," Kissinger concluded. "I will do what I can … "

After a CIA briefing to Kissinger’s top aides in late July 1976 on the Condor countries’ plans to send assassination teams around the world to eliminate opponents, the Secretary of State authorized a démarche to General Augusto Pinochet in Chile, General Jorge Videla in Argentina, and other military leaders in the region calling on them to cease and desist. "Government planned and directed assassinations within and outside the territory of Condor members has most serious implication which we must face squarely and rapidly," stated the secret August 13, 1976, cable to U.S. ambassadors in those nations. But the démarche was never delivered to any of the Condor regimes. After the U.S. ambassadors raised objections about presenting the démarche to the generals, on September 16, 1976, Kissinger rescinded it, and ordered "that no further action be taken on this matter." In addition to Osorio, the National Security Archive’s Chile Documentation Project director, Peter Kornbluh, testified in the Operation Condor trial for five hours in December 2014. Archive Advisory Board member, professor of journalism and author John Dinges presented evidence in April 2015. Read the Documents

Most Americans have no idea of how close we came to making war on Iran in 2008, the last year of the Bush/Cheney administration. Nor do they know of the essential role played by courageous managers of intelligence who, for the first time on the Iran nuclear issue, supervised a strictly evidence-based, from-the-bottom-up National Intelligence Estimate (NIE) that concluded in November 2007 that Iran had stopped working on a nuclear weapon at the end of 2003 and had not resumed that work. That key judgment issued unanimously and "with high confidence" by all 16 U.S. intelligence agencies played a huge role in strengthening the hand of Mike Mullen, then-chairman of the Joint Chiefs of Staff, and other reasonable national security leaders in dissuading President Bush from following Vice President Cheney's prompting to launch a war that would have made the war in Iraq look like a volleyball match between the Quaker School and Ursuline Academy.The juggernaut toward war with Iran was already rolling downhill. Recall that then-CENTCOM commander Adm. William Fallon was abruptly cashiered after saying "we're not going to do Iran on my watch." And Mr. Cheney later admitted churlishly that Mr. Bush had been a big disappointment in giving in to intelligence and military officials on Iran.In Mr. Bush's memoir "Decision Points," he complains bitterly that the NIE "tied my hands on the military side. ... After the NIE, how could I possibly explain using the military to destroy the nuclear facilities of a country the intelligence community said had no active nuclear weapons program?"

Part VII focusses on the history and central role of Al Qaeda as a US intelligence asset. Since the Soviet-Afghan war, US intelligence has supported the formation of various jihadist organizations. An understanding of this history is crucial in refuting the official 9/11 narrative which claims that Al Qaeda, was behind the attacks. Part VIII centers on the life and death of 9/11 “Terror Mastermind” Osama bin Laden, who was recruited by the CIA in the heyday of the Soviet Afghan war. This section also includes an analysis of the mysterious death of Osama bin Laden, allegedly executed by US Navy Seals in a suburb of Islamabad in May 2011. Part  IX  focusses on “False Flags” and the Pentagon’s “Second 9/11″. Part X examines the issue of “Deep Events” with contributions by renowned scholars Peter Dale Scott and Daniele Ganser. Part XI  examines the structure of 9/11 propaganda which consists in “creating” as well “perpetuating” a  “9/11 Legend”. How is this achieved? Incessantly, on a daily basis, Al Qaeda, the alleged 9/11 Mastermind is referred to by the Western media, government officials, members of the US Congress, Wall Street analysts, etc. as an underlying cause of numerous World events. Part XII focusses on the practice of 9/11 Justice directed against the alleged culprits of the 9/11 attacks. The legitimacy of 9/11 propaganda requires fabricating “convincing evidence” and “proof” that those who are accused actually carried out the attacks. Sentencing of Muslims detained in Guantanamo is part of war propaganda. It depicts innocent men who are accused of the 9/11 attacks, based on confessions acquired through systematic torture throughout their detention. Part  XIII focusses on 9/11 Truth.  The objective of 9/11 Truth is to ultimately dismantle the propaganda apparatus which is manipulating the human mindset. The 9/11 Reader concludes with a retrospective view of 9/11 ten years later.

PART  I Timeline: What Happened on the Morning of September 11, 2001 Nothing Urgent: The Curious Lack of Military Action on the Morning of September. 11, 2001 - by George Szamuely – 2012-08-12 Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 Contradictions: Bush in the Classroom - by Dr. David Ray Griffin – 2008-04-04 9/11 Contradictions: When Did Cheney Enter the Underground Bunker? - by David Ray Griffin – 2008-04-24 VIDEO: Pilots For 9/11 Truth: Intercepted Don’t miss this important documentary, now on GRTV - 2012-05-16

PART II What Happened on the Planes “United 93″: What Happened on the Planes? - by Michel Chossudovsky – 2006-05-01   Phone Calls from the 9/11 Airliners Response to Questions Evoked by My Fifth Estate Interview - by Prof David Ray Griffin – 2010-01-12 Given the cell phone technology available in 2001, cell phone calls from airliners at altitudes of more than a few thousand feet, were virtually impossible Ted Olson’s Report of Phone Calls from Barbara Olson on 9/11: Three Official Denials - by David Ray Griffin – 2008-04-01 Ted Olson’s report was very important. It provided apparent “evidence” that American 77 had struck the Pentagon.

PART III What Caused the Collapse of The WTC Buildings and the Pentagon? The Destruction of the World Trade Center: Why the Official Account Cannot Be True - by Dr. David Ray Griffin – 2006-01-29 The official theory about the Twin Towers says that they collapsed because of the combined effect of the impact of the airplanes and the resulting fires Evidence Refutes the Official 9/11 Investigation: The Scientific Forensic Facts - by Richard Gage, Gregg Roberts – 2010-10-13 VIDEO: Controlled Demolitions Caused the Collapse of the World Trade Center (WTC) buildings on September 11, 2001 - by Richard Gage – 2009-09-20 VIDEO: 9/11: The Myth and The Reality Now on GRTV - by Prof. David Ray Griffin – 2011-08-30 Undisputed Facts Point to the Controlled Demolition of WTC 7 - by Richard Gage – 2008-03-28 VIDEO: 9/11 Explosive Evidence: Experts Speak Out See the trailer for this ground-breaking film on GRTV - 2011-08-03 9/11: “Honest Mistake” or BBC Foreknowledge of Collapse of WTC 7? Jane Standley Breaks Her Silence - by James Higham – 2011-08-18 The Collapse of WTC Building Seven. Interview. Comment by Elizabeth Woodworth - by David Ray Griffin – 2009-10-17   Building What? How SCADs Can Be Hidden in Plain Sight: The 9/11 “Official Story” and the Collapse of WTC Building Seven - by Prof David Ray Griffin – 2010-05-30 Besides omitting and otherwise falsifying evidence, NIST also committed the type of scientific fraud called fabrication, which means simply “making up results.” VIDEO; Firefighters’ Analysis of the 9/11 Attacks Refutes the Official Report - by Erik Lawyer – 2012-08-27 VIDEO: Pentagon Admits More 9/11 Remains Dumped in Landfill - by James Corbett – 2012-03-01 The Pentagon revealed that some of the unidentifiable remains from victims at the Pentagon and Shanksville sites on September 11, 2001 were disposed of in a landfill. 9/11: The Attack on the Pentagon on September 11, 2001 The Official Version Amounts to an Enormous Lie - by Thierry Meyssan – 2012-08-16

PART IV Lies and Fabrications: The 9/11 Commission Report A National Disgrace: A Review of the 9/11 Commission Report - by David Ray Griffin – 2005-03-24 The 9/11 Commission Report: A 571 Page Lie - by Dr. David Ray Griffin – 2005-09-08 September 11, 2001: 21 Reasons to Question the Official Story about 9/11 - by David Ray Griffin – 2008-09-11 911 “Conspiracy Theorists” Vindicated: Pentagon deliberately misled Public Opinion Military officials made false statements to Congress and to the 911 Commission - by Michel Chossudovsky – 2006-08-02 The 9/11 Commission’s Incredible Tales Flights 11, 175, 77, and 93 - by Prof. David Ray Griffin – 2005-12-13 9/11 and the War on Terror: Polls Show What People Think 10 Years Later - by Washington’s Blog – 2011-09-10

PART  V Foreknowledge of 9/11   VIDEO: The SECRET SERVICE ON 9/11: What did the Government Know? Learn more on this week’s GRTV Feature Interview - by Kevin Ryan, James Corbett – 2012-04-10 9/11 Foreknowledge and “Intelligence Failures”: “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Prof. Michel Chossudovsky – 2011-09-14 “Foreknowledge” and “Failure to act” upholds the notion that the terrorist attacks (“act of war”) “waged by Muslims against America” are real, when all the facts and findings point towards coverup and complicity at the highest levels of the US government. Foreknowledge of 9/11 by Western Intelligence Agencies - by Michael C. Ruppert – 2012-08-21

PART VI Insider Trading and the 9/11 Financial Bonanza 9/11 Attacks: Criminal Foreknowledge and Insider Trading lead directly to the CIA’s Highest Ranks CIA Executive Director “Buzzy” Krongard managed Firm that handled “Put” Options on UAL - by Michael C. Ruppert – 2012-08-13 The 9/11 Attacks on the World Trade Center (WTC): Unspoken Financial Bonanza - by Prof Michel Chossudovsky – 2012-04-27 SEPTEMBER 11, 2001: Insider Trading 9/11 … the Facts Laid Bare - by Lars Schall – 2012-03-20 Osama Bin Laden and The 911 Illusion: The 9/11 Short-Selling Financial Scam - by Dean Henderson – 2011-05-09

PART VII 9/11 and the “Global War on Terrorism” (GWOT) Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 ANALYSIS: From Ronald Reagan and the Soviet-Afghan War to George W Bush and September 11, 2001 - by Michel Chossudovsky – 2010-09-09 Osama bin Laden was recruited by the CIA in 1979. The US spent millions of dollars to supply Afghan schoolchildren with textbooks filled with violent images and militant Islamic teachings.     The Central Role of Al Qaeda in Bush’s National Security Doctrine “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Michel Chossudovsky – 2007-07-12 September 11, 2001: America and NATO Declare War on Afghanistan NATO’s Doctrine of Collective Security - by Michel Chossudovsky – 2009-12-21   America’s Holy Crusade against the Muslim World. - by Michel Chossudovsky – 2010-08-30 What is now unfolding is a generalized process of demonization of an entire population group

Osamagate - by Michel Chossudovsky – 2001-10-09 The main justification for waging this war has been totally fabricated. The American people have been deliberately and consciously misled by their government into supporting a major military adventure which affects our collective future. The “Demonization” of Muslims and the Battle for Oil - by Michel Chossudovsky – 2007-01-04 Muslim countries possess three quarters of the World’s oil reserves. In contrast, the United States of America has barely 2 percent of total oil reserves.   Was America Attacked by Muslims on 9/11? - by David Ray Griffin – 2008-09-10 Much of US foreign policy since 9/11 has been based on the assumption that America was attacked by Muslims on 9/11.   New Documents Detail America’s Strategic Response to 9/11 Rumsfeld’s War Aim: “Significantly Change the World’s Political Map” - by National Security Archive – 2011-09-12

PART VIII The Alleged 9/11 Mastermind: The Life and Death of  Osama bin Laden Who Is Osama Bin Laden? - by Michel Chossudovsky – 2001-09-12   VIDEO: The Last Word on Osama Bin Laden - by James Corbett – 2011-05-24 Osama bin Laden: A Creation of the CIA - by Michel Chossudovsky – 2011-05-03 Interview with Osama bin Laden. Denies his Involvement in 9/11 Full text of Pakistani paper’s Sept 01 “exclusive” interview - 2011-05-09 Where was Osama on September 11, 2001? - by Michel Chossudovsky – 2008-09-11 On September 10. 2001, Osama was in a Pakistan military hospital in Rawalpindi, courtesy of America’s indefectible ally Pakistan Osama bin Laden, among the FBI’s “Ten Most Wanted Fugitives”: Why was he never indicted for his alleged role in 9/11? - by Michel Chossudovsky – 2006-09-17 Osama bin Laden: Already Dead… Evidence that Bin Laden has been Dead for Several Years - by Prof. David Ray Griffin – 2011-05-02 The Mysterious Death of Osama bin Laden: Creating Evidence Where There Is None - by Dr. Paul Craig Roberts – 2011-08-04 The Assassination of Osama bin Laden: Glaring Anomalies in the Official Narrative Osama was Left Handed… - by Felicity Arbuthnot – 2011-05-11 The Assassination of Osama Bin Laden - by Fidel Castro Ruz – 2011-05-07 Dancing on the Grave of 9/11. Osama and “The Big Lie” - by Larry Chin – 2011-05-05

PART  IX  ”False Flags”: The Pentagon’s Second 9/11 The Pentagon’s “Second 911″ “Another [9/11] attack could create both a justification and an opportunity to retaliate against some known targets” - by Michel Chossudovsky – 2006-08-10 The presumption of this military document, is that a Second 911 attack “which is lacking today” would usefully create both a “justification and an opportunity” to wage war on “some known targets Crying Wolf: Terror Alerts based on Fabricated Intelligence - by Michel Chossudovsky – 2006-08-20 This is not the first time that brash and unsubstantiated statements have been made regarding an impending terror attack, which have proven to be based on “faulty intelligence”.

PART X “Deep Events” and State Violence The Doomsday Project and Deep Events: JFK, Watergate, Iran-Contra, and 9/11 - by Prof. Peter Dale Scott – 2011-11-22 The Doomsday Project is the Pentagon’s name for the emergency planning “to keep the White House and Pentagon running during and after a nuclear war or some other major crisis.” JFK and 9/11 Insights Gained from Studying Both - by Dr. Peter Dale Scott – 2006-12-20 In both 9/11 and the JFK assassination, the US government and the media immediately established a guilty party. Eventually, in both cases a commission was set up to validate the official narrative. Able Danger adds twist to 9/11 9/11 Ringleader connected to secret Pentagon operation - by Dr. Daniele Ganser – 2005-08-27 Atta was connected to a secret operation of the Pentagon’s Special Operations Command (SOCOM) in the US. A top secret Pentagon project code-named Able Danger identified Atta and 3 other 9/11 hijackers as members of an al-Qaida cell more than a year before the attacks. 9/11, Deep State Violence and the Hope of Internet Politics - by Prof. Peter Dale Scott – 2008-06-11 The unthinkable – that elements inside the state would conspire with criminals to kill innocent civilians – has become thinkable… Al Qaeda: The Database. - by Pierre-Henri Bunel – 2011-05-12

PART XI Propaganda: Creating and Perpetuating the 9/11 Legend September 11, 2001: The Propaganda Preparation for 9/11: Creating the Osama bin Laden “Legend” - by Chaim Kupferberg – 2011-09-11 THE 9/11 MYTH: State Propaganda, Historical Revisionism, and the Perpetuation of the 9/11 Myth - by Prof. James F. Tracy – 2012-05-06   Al Qaeda and Human Consciousness: Al Qaeda, Al Qaeda…. An Incessant and Repetitive Public Discourse - by Prof. Michel Chossudovsky – 2012-03-24 9/11 Truth, Inner Consciousness and the “Public Mind” - by James F. Tracy – 2012-03-18

PART XII Post 9/11 “Justice” IRAN ACCUSED OF BEING BEHIND 9/11 ATTACKS. U.S. Court Judgment, December 2011 (Havlish v. Iran) - by Julie Lévesque – 2012-05-11 U.S. Court Judgment, December 2011 (Havlish v. Iran) “American Justice”: The Targeted Assassination of Osama Bin Laden Extrajudicial executions are unlawful - by Prof. Marjorie Cohn – 2011-05-10 ALLEGED “MASTERMIND” OF 9/11 ON TRIAL IN GUANTANAMO: Military Tribunals proceed Despite Evidence of Torture - by Tom Carter – 2012-05-30 U.S. Military Drugged Detainees to Obtain FALSE Confessions Self-confessed 9/11 “mastermind” falsely confessed to crimes he didn’t commit - by Washington’s Blog – 2012-07-15 911 MILITARY TRIAL: Pentagon Clears Way for Military Trial of Five charged in 9/11 Attacks - by Bill Van Auken – 2012-04-06 Khalid Sheikh Mohammed’s trial will convict us all - by Paul Craig Roberts – 2009-11-25

PART XIII 9/11 Truth Revealing the Lies,  Commemorating the 9/11 Tragedy VIDEO: Commemorating the 10th Anniversary of 9/11 - by Prof. Michel Chossudovsky – 2011-09-01 VIDEO: AFTER 9/11: TEN YEARS OF WAR Special GRTV Feature Production - by James Corbett – 2011-09-08

A new outbreak of hunger strikes happened in early 2013. By July, 106 of the 166 detainees were on hunger strike, with 45 of them being force-fed.

According to Idris, those inmates who participated in these protests were “doubly tortured.” In November, a 19-member task force concluded in a 269-page report, entitled 'Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror', that since September 11, 2001, the Department of Defense (DoD) and CIA ordered medical professionals to assist in intelligence gathering, as well as forced-feeding of hunger strikers, in a way that inflicted “severe harm.” Gitmo officials announced earlier this month that the US military will no longer disclose to the media and public whether prisoners at Guantanamo Bay are on hunger strike, explaining that "the release of this information serves no operational purpose."

John Crewdson, a Pulitzer Prize-winning journalist for the Chicago Tribune, asked McNamara about this many years later. McNamara’s answer is worth reading carefully; he said he had “absolutely no recollection of what I did that day,” except that “I have a memory that I didn’t know at the time what was going on.” Crewsdon has written the most detailed and accurate account of the Israeli attack on the Liberty; it appeared in the Chicago Tribune, and also in the Baltimore Sun, on Oct. 2, 2007. Read it and you’ll understand why Crewdson got no Pulitzer for his investigative reporting on the Liberty. Instead, the Tribune laid him off in November 2008 after 24 years.

The mainstream U.S. media has avoided the USS Liberty case like the plague. I just checked the Washington Post and – surprise, surprise – it has missed the opportunity for the 46th consecutive year, to mention the Liberty anniversary. On the few occasions when the mainstream U.S. media outlets are forced to address what happened, they blithely ignore the incredibly rich array of hard evidence and still put out the false narrative of the “mistaken” Israeli attack on the Liberty. And they attempt to conflate fact with speculation, asking why Israel would deliberately attack a ship of the U.S. Navy. Why Tel Aviv wanted the Liberty and its entire crew on the bottom of the Mediterranean remains a matter of speculation, but there are plausible theories including Israel’s determination to keep the details of its war plans secret from everyone, including the U.S. government. But there is no doubt that destroying the Liberty and its crew was the mission assigned to Israel’s warplanes and torpedo boats. One Navy Admiral with a conscience, former Chairman of the Joint Chiefs of Staff (and before that Chief of Naval Operations) Thomas Moorer, has “broken ranks,” so to speak. Moorer helped lead an independent, blue-ribbon commission to investigate what happened to the Liberty.

The following are among the commission’s findings made public in October 2003: -That the attack, by a U.S. ally, was a “deliberate attempt to destroy an American ship and kill its entire crew” -That the attack included the machine-gunning of stretcher-bearers and life rafts -That “the White House deliberately prevented the U.S. Navy from coming to the defense of the [ship] … never before in naval history has a rescue mission been cancelled when an American ship was under attack” -That surviving crew members were later threatened with “court-martial, imprisonment, or worse” if they talked to anyone about what had happened to them; and were “abandoned by their own government.”

Cheryl Bormann, attorney for another alleged plotter, Walid bin Attash, 36, told the judge, Army Col. James L. Pohl, that her client “was visibly shaken” at recognizing a man in the maximum-security war court.“My client relayed to me this morning that there is somebody in this courtroom who was participating in his illegal torture,” she said.Bormann said it was either “the biggest coincidence ever” or “part of the pattern of the infiltration of defense teams.” Monday’s hearing was supposed to start with a presentation by a Justice Department lawyer, Fernando Campoamor-Sanchez, on FBI agents secretly questioning members of the Bin al Shibh defense team. The Sept. 11 legal defense teams have called the FBI’s action spying on privileged attorney-client conversations.

Bin al Shibh and the other four men are accused of helping to orchestrate, train, and arrange travel for the 19 men who hijacked four U.S. passenger aircraft on Sept. 11, 2001. The prosecutor is seeking their execution, if they are convicted. The CIA held and interrogated them for three to four years in secret overseas prisons before they were brought to Guantánamo in September 2006. But even once they got here, they continued to be in CIA custody, according to the Senate report. Jay Connell, attorney for Baluchi, 37, said Sunday it is still not known when the agency relinquished control of the men, who are held in a secret prison called Camp 7.

A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.

In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.

In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.

In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.

UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.

In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.

In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.

The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.

The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”

But as Boyle noted in his address in San Juan, P.R., Obama, Vice President Joseph Biden, and the various secretaries of defense and state, the head of the CIA and the Pentagon Chiefs of Staff, as well as other Obama administration personnel, are also guilty of perpetrating ongoing war crimes themselves. Boyle accuses the Obama administration of continuing to conduct a “bogus” war on “international terrorism” including the ever escalating campaign of drone strikes in Pakistan, Afghanistan, Somalia, Yemen and other jurisdictions. He termed the president’s program of “targeted killings,” in which President Obama himself draws up the “kill list,” to be simply a case of “pure murder” under both traditional British common law and international law, and says these attacks constitute a “Crime against Humanity under Article 7(1)(a) of the Rome Statute for the International Criminal Court.”

If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”

Our Founding Principles in a Nutshell

It is to secure our rights to life and liberty by:

These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).

The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

It is to secure our property rights by:

Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.

The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:

1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!

Madison’s Report on the Virginia Resolutions (1799-1800)

Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 

It is to secure our right to liberty by:

When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.

The Turkish radio and television supervisory board RTÜK banned several Turkish media outlets from spreading the video or communicating its contents. According to the newspaper Hürriyet, the Turkish federal prosecutor's office has already initiated investigations against those responsible for the video. Measures taken too far According to legal expert Bertan Tokuzlu, the recording gives the impression that the government wanted to make trouble internationally, in order to distract the public from internal problems. "If the government wanted to create a reason for war, that is absolutely not in keeping with international legal standards," says Tokuzlu.

The recording also mentions Turkish arms deliveries to Syrian opposition groups. "If that is the case and we have a war crime to deal with, then the public has a right to know this information, according to the European Court of Human Rights," Tokuzlu stressed, adding that the Turkish government's reaction to the publication of the conversation was very thin-skinned. "If the recording provides evidence of a war crime, then that might mean the government will be brought before a war crimes tribunal in the near future. That is a delicate subject."

“According to principles of international law,” the statement said, “when a state exercises its authority to objectively investigate accusations regarding violations of the laws of armed conflict, this will preclude examination of said accusations by external international tribunals (such as the International Criminal Court in The Hague).”

Last week, House Republicans issued a report portraying as reckless and illegal Mr. Obama’s decision in May 2014 to swap Sergeant Bergdahl for five Taliban detainees who were being held at Guantánamo Bay, Cuba.

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.”