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CSIS asked foreign agencies to spy on Canadians, kept court in dark, judge says - 0 views

www.ottawacitizen.com/...story.html surveillance state Canada CSIS courts blowback
shared by Paul Merrell on 27 Dec 13 - No Cached
  • OTTAWA — Canada’s foremost jurist on national security law has slammed CSIS for deliberately keeping the Federal Court of Canada “in the dark” about outsourcing its spying on Canadians abroad to foreign agencies, according to a redacted version of a classified court decision made public Friday.In a thundering rebuke, Federal Court Judge Richard Mosley said the Canadian Security Intelligence Service (CSIS) purposely misled him when he granted it numerous warrants beginning in 2009 to intercept the electronic communications of unidentified Canadians abroad suspected as domestic security threats.“This was a breach of the duty of candour owed by the service and their legal advisers to the court,” Mosley said in his Further Reasons for Order.CSIS also mistakenly assigned powers to the warrants that the court never authorized and which do not exist in law, he said.“It is clear that the exercise of the court’s warrant issuing authority has been used as protective cover for activities that it has not authorized,” Mosley wrote.Furthermore, tasking foreign security intelligence services to spy on Canadians overseas “carries the risk of the detention of or other harm to a Canadian person based on that information.“Given the unfortunate history of information sharing with foreign agencies over the past decade and the reviews conducted by several royal commissions, there can be no question that the Canadian agencies are aware of those hazards. It appears to me that they are using the warrants as authorization to assume those risks.”
  • Legal observers say this case and Mosley’s scolding will harm CSIS’s credibility and raise questions about whether the service has broken Criminal Code provisions dealing with the invasion of privacy.“When a judge says the government breached its duty of candour that is a very big ‘ouch’ moment,” Craig Forcese, a national security law scholar at the University of Ottawa, wrote in a recent blog posting.At the time the first warrants were issued, CSIS told the court “on clearly stated grounds” that the electronic intercepts would be carried out from within Canada by the Communications Security Establishment Canada (CSEC), the country’s foreign signals intelligence spy service.CSIS is largely restricted to domestic spying operations. If an investigation involves the use of intrusive techniques, such as electronic intercepts, Section 21 of the CSIS Act requires it to obtain a warrant approved by a Federal Court judge to guard the Charter right to a reasonable expectation of privacy.CSEC, meanwhile, is not allowed to spy on Canadians anywhere unless it is to provide technical and operational assistance to federal law enforcement and security agencies such as CSIS.And the federal court only has jurisdiction to authorize warrants under the CSIS Act as long as the communications in question are intercepted within Canada.
  • Yet once the so-called 30-08 warrants were approved by the court, CSEC, on behalf of CSIS, turned around and handed the jobs to one or more of its partners in the “Five Eyes” intelligence-gathering alliance between Canada, the United States, Great Britain, Australia and New Zealand.Mosley found out about the situation late this summer and summoned CSIS, CSEC and government officials and lawyers to court to explain themselves. The public version of his reasons for order was released Friday.
  • ...2 more annotations...
  • Some excerpts:• “I am satisfied that a decision was made by CSIS officials in consultation with their legal advisers to strategically omit information in applications for 30-08 warrants about their intention to seek the assistance of the foreign partners. As a result, the court was led to believe that all of the interception activity would take place in or under the control of Canada.”• “The principle of comity between nations that implies the acceptance of foreign laws and procedures when Canadian officials are operating abroad ends where clear violations of international law and human rights begin. In tasking the other members of the Five Eyes to intercept the communications of the Canadian targets, CSIS and CSEC officials knew ... this would involve the breach of international law by the requested second parties.”• “There is nothing in any of the material that I have read ... that persuades me that it was the intent of Parliament to give the service authority to engage the collection resources of the second party allies to intercept the private communications of Canadians.”• “It must be made clear, in any grant of a 30-08 warrant, that the warrant does not authorize the interception of the communications of a Canadian person by any foreign service on behalf of the service either directly or through the assistance of CSEC.”• “There must be no further suggestion in any reference to the use of second party assets by CSIS and CSEC, or their legal advisers, that it is being done under the authority of a (section) 21 warrant issued by this court.”
  • Forcese, meanwhile, raises some intriguing questions:• If Five Eyes assistance was not authorized, and CSEC and CSIS nevertheless sought it, are they still protected from Criminal Code, Part VI (invasion of privacy) culpability? Culpability, he writes, is only avoided where the intercept is lawfully authorized. If the parameters of the warrant were disregarded, does that vitiate the lawful access?• If CSEC and CSIS called on Five Eyes agencies to intercept communications, was the intercept still territorial, thus satisfying the international law concerns raised in the two warrant applications?“Outsourcing an international violation does not diminish state responsibility for that international violation. In a different context, that would be like asking bounty hunters to do your kidnapping of fugitives on the territory of a foreign state. Still a violation of international law.”CSIS has a choice, Forcese concludes: “Conduct extraterritorial spying without recourse to the courts, at risk of ultimately being called to account under domestic law, or honour the federal court’s construal of international law — and CSIS’s jurisdiction — and pull in its truly international surveillance operations, potentially blinding the country’s chief security intelligence agency.
  • Paul Merrell on 27 Dec 13
     
    Canadian Security Intelligence Service is in politically explosive deep doo-doo. 
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Guantánamo Inmate's Case Reignites Fight Over Detentions - NYTimes.com - 0 views

www.nytimes.com/...-feed-guantanamo-detainee.html war & peace Gitmo-detainees force-feeding
shared by Paul Merrell on 26 May 14 - No Cached
  • The seemingly unending struggle over Guantánamo Bay — the prison President Obama vowed to close shortly after he was sworn in — is again reverberating over an “anguishing” case of force-feeding a Syrian detainee.The case involves Jihad Ahmed Mujstafa Diyab, a Syrian who has been held for 12 years without a trial, and who has gone on prolonged hunger strikes. Late Thursday, a Federal District Court judge lifted an order barring his force-feeding, even as she rebuked the military for using procedures that she said caused “agony.”
  • Mr. Diyab was recommended for transfer more than four years ago, but officials fear repatriating him because of the chaos in Syria and the apparent death sentence.In February, the president of Uruguay offered to allow him to be released there, but Defense Secretary Chuck Hagel, who has the final say under restrictions imposed by Congress, has not signed off on the transfer.
  • Mr. Diyab’s defense team recently learned that some videotapes of forcible cell extractions and force-feeding of Mr. Diyab and other detainees exist, and on Wednesday, Judge Kessler ordered the military to turn 34 such tapes over to his lawyers.
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After almost 13 years, it's time to end Congress' blanket authorization of force | Wash... - 0 views

washingtonexaminer.com/...2548626 war & peace AUMF 9-11
shared by Paul Merrell on 22 May 14 - No Cached
  • t may sound hard to believe, but Senate Majority Leader Harry Reid, D-Nev., isn't always wrong -- at least when he states the obvious: “9/11 is a long time ago,” he said Wednesday, “and it's something that needs to be looked at again.” The “it” is the post-9/11 Authorization for Use of Military Force resolution, or AUMF, adopted three days after the terror attacks, and now going on its lucky 13th year. It's been in effect nearly twice as long as the Gulf of Tonkin resolution authorizing Vietnam, what was “America's Longest War” -- until the 21st century, that is.
  • On Sept. 14, 2001, Congress authorized the president to use “all necessary and appropriate force” against the perpetrators of the 9/11 attacks and those who “harbored” them. Two successive administrations have since turned the 60 words of the AUMF's operative clause into what journalist Gregory Johnsen calls “the most dangerous sentence in U.S. history” -- a writ for a war without temporal or spatial limits. The last time the Senate held hearings on the AUMF, Sen. Lindsey Graham, R-S.C., asked the Pentagon's civilian special operations chief, Michael Sheehan, “does [the president] have the authority to put boots on the ground in the Congo?” Answer: “Yes, sir, he does.” Predictably, the hawkish Graham was totally okay with that. “The battlefield is wherever the enemy chooses to make it,” right? Right, said Sheehan: “from Boston to the [Federally Administered Tribal Areas of Pakistan]."
  • Asked how much longer the war on terrorism will last, Sheehan replied, “at least 10 to 20 years.” So presumably the AUMF can serve as the basis for Chelsea Clinton's “kill list” in 2033, after she trounces George P. Bush. Lyndon Johnson once compared the Gulf of Tonkin resolution to “Grandma’s nightshirt” because “it covers everything.” Even LBJ might have marveled at how the last two administrations have stretched the post-9/11 AUMF. Under the theory that “the United States is a battlefield in the war on terror,” the Bush administration invoked it to justify warrantless wiretapping and military detention of American citizens on American soil. The Obama administration cites it as legal authority for the extrajudicial killing of Americans via remote-control.
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  • The Senate Foreign Relations Committee will be taking another look at the AUMF this week. The hearing's title, “Authorization For Use Of Military Force After Iraq And Afghanistan,” hints at a preordained conclusion: that an updated authorization is needed. Ranking Republican Sen. Bob Corker of Tennessee wants to be sure the executive branch has “all the tools and capabilities” it needs to address “threats that did not exist in 2001.” Rep. Barbara Lee, D-Calif., the sole member of Congress to vote “no” on the original AUMF, has a better idea: end it, don't mend it. Joined by libertarian-leaning, antiwar Republicans like Reps. Justin Amash and Walter Jones, she's introduced legislation to repeal the AUMF. Two imperial presidents in a row have treated that authorization like a permanent delegation of congressional war power to the president. Their successors would no doubt do the same with any new “tools and capabilities” they’re given.
  • Without the AUMF, presidents still retain the constitutional power to “repel sudden attacks,” as James Madison put it. And if they think groups like al-Shabaab or Boko Haram demand a more sustained military response, they'll be free to make that case to Congress. But delegating new authorities in advance might permanently change our constitutional default setting from peace to war. Madison also said that “No nation could preserve its freedom in the midst of continual warfare.” We're now into our second decade running that experiment; how much longer do we want to risk proving him right?
  • Paul Merrell on 22 May 14
     
    I looked at Barbara Lee's bill. It requires a report from the Executive on all actions currently undertaken pursuant to the AUMF and requires that each action identified be terminated 60 days after the report unless Congress reauthorizes the action. It also repeals the AUMF. It's a good approach, but should require a sunset provision for each re-authorization so the Executive is blocked from maintaining us in a perpetual state of war as it has done with the AUMF itself. We're a long way from 9/11 and we are now fighting multiple wars in multiple nations against organizations that had nothing to do with 9/112, ostensibly to retaliate against those responsible for 9/11. No more open ended authorizations for war. 
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Germany Opens Criminal Investigation On Alleged NSA Merkel Phone Tap - 0 views

www.mintpressnews.com/...191918 surveillance state NSA Germany criminal-investigation
shared by Paul Merrell on 05 Jun 14 - No Cached
  • German prosecutors have opened an investigation into the alleged monitoring of Chancellor Angela Merkel’s cellphone by the U.S. National Security Agency, officials said Wednesday, in a move that could again complicate diplomatic relations between the two allies. It was not immediately clear what the new investigation might mean in terms of possible prosecutions of Americans. Documents provided by National Security Agency leaker Edward Snowden indicated in October that the U.S. was monitoring Merkel’s cellphone conversations, as well as those of 35 other foreign leaders. Merkel expressed outrage and accused Washington of a grave breach of trust. In the ensuing diplomatic fallout, President Barack Obama acknowledged Germany’s anger and promised that new guidelines would cut back on such monitoring, except in the case of a national security interest. “The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them rather than turning to surveillance,” Obama said at the time.
  • Following the news of the German probe, Obama’s deputy national security adviser, Ben Rhodes, said the U.S. believes direct dialogue between the two countries rather than an investigation is the best way to address Germany’s concerns. “We believe we have an open line and good communication” with Merkel and her team, Rhodes told reporters aboard Air Force One as Obama flew to Brussels for a meeting of the Group of Seven nations. After mulling for months whether to open a formal probe, Chief Federal Prosecutor Harald Range determined “that sufficient factual evidence exists that unknown members of U.S. intelligence services spied on the mobile phone of Chancellor Angela Merkel,” his office said. In a similarly thorny diplomatic case, Germany got as far as issuing warrants for 13 unidentified CIA agents suspected of kidnapping a German terrorism suspect and taking him to a detention center in Afghanistan. The case was shelved in 2007 after the U.S. Justice Department said extraditing the agents would harm “American national interests.”
  • In his Wednesday announcement, Range’s office said he was not opening a formal investigation of wider allegations of blanket surveillance of telecommunications data in Germany by U.S. and British intelligence, saying that there was not yet sufficient factual evidence of concrete crimes. His office said that will remain under consideration. Merkel’s spokesman, Steffen Seibert, declined to comment on Range’s decision or on whether the government fears it will weigh on relations with the U.S. The government didn’t exert any influence on the prosecutor, Seibert told reporters. “I am not going to evaluate here the decision he has made,” he said. Separately, the German Parliament earlier this year set up a committee to investigate the scope of spying by the NSA and other intelligence services in Germany.
  • Paul Merrell on 05 Jun 14
     
    There's a bit of comedy beneath the surface here. When Edward Snowden was in Hong Kong and news of the NSA leak hit, the U.S. Dept. of Justice promptly filed a criminal espionage charge against Snowden and attempted to extradite him from Hong Kong. Snowden left Hong Kong before the extradition paperwork was processed enough to result in his arrest.  Now with a pending criminal investigation of the NSA's espionage activities aimed at Germany's chancellor, the Obama White House says it wants dialog, not a criminal investigation. Would the U.S. honor its extradition treaty with Germany if NSA officials or the Director of Intelligence were charged with espionage in Germany? One might suspect that a dual-standard would be deployed, in effect saying that only espionage charges that the U.S. lodges can justify extradition. Or at least that's the way it worked when Italy tried and convicted in absentia several CIA officials and an Air Force officer of espionage activities, relating to the kidnapping and "extraordinary rendition" of a gentleman in Italy.       But this incident serves as a reminder that when the NSA officials conduct foreign intelligence activities, they will in most cases be deliberately violating the criminal laws of other nations. And the same activity aimed at U.S. citizens is also criminal, which is undoubtedly why Sen. Ron Wyden asked Director of Intelligence Clapper if the NSA had taken account of the Computer Fraud and Abuse Act in its processing of domestic digital communications. Clapper said he would get back to Wyden on that in writing. So far as I'm aware, Wyden is still waiting for that answer. There are lots of comedians in Washington, D.C. Most of them have no idea that they are comedians.   
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CIA's Self-Authorization for Ice-Drowning Human Beings | emptywheel - 0 views

www.emptywheel.net/...-for-ice-drowning-human-beings war & peace torture drownings CIA
shared by Paul Merrell on 02 Apr 14 - No Cached
  • The WaPo has a story that repeats what I’ve been harping on for over a year (and in some cases, has been clear even longer): the Senate Torture Report shows that CIA repeatedly lied to Congress. There are, however, ugly new details about the torture (though it’s not clear whether they show up in the report): particularly regarding the treatment of Ammar al-Baluchi. If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. The Pakistanis captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul. At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said. As with Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. The report notes that two other prisoners — members of the Libyan Islamic Fighting Group — were subjected to similar treatment at the same time.
  • Two other terrorism suspects, from Libya — Mohammed al-Shoroeiya and Khalid al-Sharif — endured similar treatment at Salt Pit, according to Human Rights Watch. One of the men said CIA interrogators “would pour buckets of very cold water over his nose and mouth to the point that he felt he would suffocate. Icy cold water was also poured over his body. He said it happened over and over again,” the report says. CIA doctors monitored their body temperatures so they wouldn’t suffer hypothermia. Ultimately, CIA got DOJ to authorize “water dousing” — in the manner that CIA always got DOJ to approve mere shadows of what they actually did, and the approval more closely matches the description of the LIFG prisoners — in the Bradbury Techniques Memo (see page 10). But not before it got used over and over at the Salt Pit (the same place where water dousing had already contributed to Gul Rahman’s death). Which is, I’m quite certain, one thing that CIA was doing with the Legal Principles document, a set of legal guidelines the CIA wrote for itself (with John Yoo’s freelance help) as the CIA’s legal problems started to mount. As I’ve noted, the first draft of the memos got hand-carried to John Yoo on April 28, 2003, just as these detainees were in the Salt Pit. There were several more discussions internally at CIA in anticipation of litigation before they tried (unsuccessfully) to create a fait accompli with Pat Philbin on June 16, 2003. At that point, the document only generally approved techniques equivalent to those already approved. As CIA would later explain,
  • We rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques. For example, using the applicable law and relying on OLC’s guidance, we concluded that the abdominal slap previously discussed with OLC (and mentioned in the June 2003 summary points) is a permissible interrogation technique. Similarly, in addition to the sitting and kneeling stress positions discussed earlier with OLC, the Agency has added to its list of approved interrogation techniques two standing stress positions involving the detainee leaning against a wall. I guess, in similar fashion, John Yoo and his CIA buddies believe ice-drowning is equivalent, as another kind of simulated drowning, to waterboarding, which had been approved? Then the next year, when Scott Muller tried the same trick with Jack Goldsmith — trying to get him to sign off on the techniques CIA had freelanced its own legal opinion — he asked to include water dousing (and another water-based technique and one still-redacted technique) explicitly. Of course, the description of water dousing fell far short of what the CIA was actually doing — dunking men in ice-water repeatedly — though the outlines, especially the concern about detainees ingesting water and hypothermia — show the outlines of the torture such language was meant to gloss. To understand the CIA’s torture program, you have to understand what these bureaucratic maneuvers were meant to cover. Now we know they were intended to authorize controlled drowning of men in ice water.
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There Are Several Thousand Secret Photos of America's Horrific Torture Program. Should ... - 0 views

www.motherjones.com/...-photos-obama-pentagon-release war & peace Iraq U.S.-military Abu-Graib torture photos ACLU FOIA litigation
shared by Paul Merrell on 07 Jan 15 - No Cached
  • You may recall, from the dark days of Abu Ghraib, that there was a batch of photos that was never released—images the Pentagon deemed so inflammatory that they needed to stay under wraps. The ones we saw were disturbing enough: the piles of naked Iraqi prisoners, the soldier giving a thumbs up next to an ice-packed corpse, the prisoners being menaced by dogs. And who can forget that iconic shot of a hooded man (his name is Ali Shalil Qaissi), standing on a box in a shower with wires attached to his fingers—a mock execution. There are as many as 2,100 additional images, according to the ACLU, which sued the government in 2004 demanding their release. President Obama has resisted the legal efforts, noting in a statement that to make the photos public would "impact the safety of our troops." Newsweek's Lauren Walker nicely summarizes the developments so far, some of which my colleague Nick Baumann has also covered, so here's the upshot: In August, a federal judge gave the administration an ultimatum: either release the photos or provide evidence for each image explaining why publishing it would be detrimental to national security. On December 19, the administration indicated that it would take the latter course, and a hearing on the new evidence has been set for January 20.
  • Because the concealed images, the ACLU told Newsweek, aren't simply more examples of abuse: "One of the reasons we’ve been fighting for so long for these photographs is because the official narrative following the disclosure of the Abu Ghraib photos was that those abuses were the result of a few bad apples," says Alex Abdo, an ACLU staff attorney working on the case since 2005. "These photographs come from at least seven different detention facilities throughout Afghanistan and Iraq.... We think this would once and for all end the myth that the abuse that took place at Abu Ghraib was an aberration," he says. "It was essentially official policy. It was widespread at different facilities under different commanders."
  • Consider this exchange between Stanford psychologist Phil Zimbardo and former Staff Sgt. Ivan "Chip" Frederick, who got an eight-year prison sentence for his role in the Abu Ghraib horrorshow. (He was the guy who staged the mock execution.) The interview is from Zimbardo's 2007 book, The Lucifer Effect, which is about how good people placed in bad situations end up doing abhorrent things.
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The Sound of Torture - The Intercept - 0 views

firstlook.org/...torture-things-still-dont-know war & peace torture DoD Iraq-War
shared by Paul Merrell on 17 Dec 14 - No Cached
  • Suddenly there was a chilling scream. “Allah,” someone wailed. “Allah! Allah!” As I wrote at the time, this wasn’t a cry of religious ecstasy. It was the sound of deep pain, coming from elsewhere in the town library, which had been turned into a detention center by Iraqi security forces who were advised by American soldiers and contractors. I was embedded with the Americans for a week, and I had already heard two of them, from the Wisconsin National Guard, talk about seeing their Iraqi partners trussing up prisoners like animals at a slaughter. During raids, I had seen these Iraqis beat their detainees — muggings as a form of questioning — while their American advisers watched.
  • The CIA’s violations of its detainees are the tip of the torture iceberg. We run the risk, in the necessary debate sparked by the Senate’s release of 500 pages on CIA interrogation abuses, of focusing too narrowly on what happened to 119 detainees held at the agency’s black sites from 2002-2006. The problem of American torture — how much occurred, what impact it had, who bears responsibility — is much larger. Across Iraq and Afghanistan, American soldiers and the indigenous forces they fought alongside committed a large number of abuses against a considerable number of people. It didn’t begin at Abu Ghraib and it didn’t end there. The evidence, which has emerged in a drip-drip way over the years, is abundant though less dramatic than the aforementioned 500-page executive summary of the Senate’s still-classified report on the CIA.
  • Just as the CIA opposed release of the Senate torture report, the Pentagon and White House continue to do their best to suppress the evidence. The Daily Beast noted the other day that the Obama Administration, responding to pressure from the Pentagon, continues to fight in court to prevent the publication of thousands of photos of detainee abuse. The argument against release is nearly identical to the argument used by the CIA to repress the Senate’s report—it could put American lives in danger. To her credit, Sen. Dianne Feinstein pushed back and published an executive summary of her committee’s 6,000-page report (which has caused practically no protest or violence overseas). Repression is the gut instinct of institutions that have something to hide, and I came across that in Samarra, too. Shortly after I witnessed the threatened execution of a detainee (an Iraqi soldier pointed his AK-47 at a prisoner who was against a wall with his hands up), an order came down from the American command to get me out of Samarra. I was told to pack my backpack for the next convoy out of town. After I made a flurry of calls on my satellite phone, the order was rescinded. Someone wanted the truth to come out.
  • ...2 more annotations...
  • Here’s a partial reading list of essential reporting on torture in Iraq and Afghanistan: Senate Report on Abuses of Military Detainees (2008): http://media.washingtonpost.com/wp-srv/nation/pdf/12112008_detaineeabuse.pdf Haditha Killings by Tim McGirk: http://content.time.com/time/world/article/0,8599,1174649,00.html Taguba Report on Abuses at Abu Ghraib: https://www.aclu.org/sites/default/files/torturefoia/released/TR3.pdf Abu Ghraib Abuses by Seymour Hersh: http://www.newyorker.com/magazine/2004/05/10/torture-at-abu-ghraib Special Forces in Afghanistan by Matt Aikens: http://www.rollingstone.com/feature/a-team-killings-afghanistan-special-forces Constitution Project’s Task Force on Detainee Treament (See especially chapter 3): http://detaineetaskforce.org/report/ “The Dark Side” by Jane Mayer: http://www.amazon.com/The-Dark-Side-Inside-American/dp/0307456293
  • “None of Us Were Like This Before” by Joshua Phillips: http://www.amazon.com/None-Were-Like-This-Before/dp/1844678849 The Killing of Dilawar by Carlotta Gall: http://www.nytimes.com/2003/03/04/international/asia/04AFGH.html “Pay Any Price” by James Risen (See especially Chapter 7): http://www.barnesandnoble.com/w/pay-any-price-james-risen/1117916812?ean=9780544341418 “Dirty Wars” by Jeremy Scahill (a founder of The Intercept): http://www.amazon.com/Dirty-Wars-The-World-Battlefield/dp/156858671X “How to Break a Terrorist” by Matthew Alexander: http://www.amazon.com/How-Break-Terrorist-Interrogators-Brutality/dp/B0085S1S5K “The Black Banners” by Ali Soufan: http://www.amazon.com/Black-Banners-Inside-Against-al-Qaeda/dp/0393079422 “Kandahar’s Mystery Executions” by Anand Gopal: http://harpers.org/archive/2014/09/kandahars-mystery-executions/ “No Good Men Among the Living” by Anand Gopal: http://www.amazon.com/No-Good-Men-Among-Living/dp/0805091793
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The Torture Report and the "Glomar Fig Leaf" | Just Security - 0 views

justsecurity.org/...glomar-fig-leaf war & peace CIA torture targeted-killings Glomar-response bad-faith-court-filings
shared by Paul Merrell on 15 Dec 14 - No Cached
  • Buried in the SSCI’s report is an arresting passage that suggests that the CIA was quietly releasing information about the torture program to journalists while it was contending in court that release of such information to the public would compromise national security. After the April 15, 2005 National Security Principals Committee meeting, the CIA drafted an extensive document describing the CIA’s Detention and Interrogation Program for an anticipated media campaign.  CIA attorneys, discussing aspects of the campaign involving off-the-record disclosures, cautioned against attributing the information to the CIA itself.  One senior attorney stated that the proposed press briefing was “minimally acceptable, but only if not attributed to a CIA official.”  The CIA attorney continued: “This should be attributed to an ‘official knowledgeable’ about the program (or some similar obfuscation), but should not be attributed to a CIA or intelligence official.”
  • Referring to CIA efforts to deny Freedom of Information Act (FOIA) requests for previously acknowledged information, the attorney noted that, “[o]ur Glomar fig leaf is getting pretty thin.”  Another CIA attorney noted that the draft “makes the [legal] declaration I just wrote about the secrecy of the interrogation program a work of fiction.” The reference to the “Glomar fig leaf” related to an argument the CIA was making in ACLU litigation that was pending before Judge Alvin K.  Hellerstein in the Southern District of New York.  In connection with Freedom of Information Act requests we’d filed in October 2003 and June 2004, we were seeking, among other things, three documents we’d learned of from media reports: the Memorandum of Notification (MON) in which President Bush had authorized the CIA to establish black sites overseas, and two memos in which lawyers from the Office of Legal Counsel had concluded that CIA interrogators could lawfully torture prisoners in their custody.  The CIA responded with a “Glomar” response—it argued that the existence or non-existence of the three documents was a properly classified fact. 
  • As the SSCI report makes clear, CIA lawyers didn’t really believe what the agency was saying in its sworn declarations.  They understood that the sworn declarations the agency was filing in federal court were “work[s] of fiction.”  The agency was telling the courts that nothing could be disclosed about its torture program without compromising national security, but at the same time, it was providing quotations and “facts” to the media in order to persuade the public that its activities were lawful, necessary and effective. If all of this sounds familiar, it’s because the CIA is now doing precisely the same thing with respect to the targeted-killing program. To the courts, the CIA says that any disclosure about the program will gravely compromise national security.  To the media, it supplies a continuous stream of cherry-picked facts meant to cast the program in the most favorable light.
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  • The SSCI report makes clear that some CIA lawyers were uncomfortable with the chasm between the agency’s representations to the court in the torture FOIA litigation and the agency’s actual conduct.  According to the SSCI, some CIA lawyers “urged that CIA leadership … ‘confront the inconsistency’ between CIA court declarations ‘about how critical it is to keep this information secret’ and the CIA ‘planning to reveal darn near the entire” program.’” Presumably those lawyers were worried about the possibility that a court would sanction the agency’s declarants; perhaps they were also worried about compliance with their own professional obligations. One wonders whether the CIA’s lawyers are worried about the same things today.
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U.S. Senate Select Committee on Intelligence - 0 views

www.intelligence.senate.gov war & peace CIA torture Senate-Intelligence_Committee-Report
shared by Paul Merrell on 09 Dec 14 - No Cached
  • Recent Action Study of the CIA's Detention and Interrogation Program - Foreword, Findings and Conclusions, and Executive Summary Additional Views Minority & Additional Minority Views
  • Paul Merrell on 09 Dec 14
     
    Here's the report's summary, finally. I'm reading it.
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Investigators Said to Seek No Penalty for C.I.A.'s Computer Search - NYTimes.com - 0 views

www.nytimes.com/...y-for-cia-computer-search.html war & peace CIA torture hacking Senate-Intelligence-Committee
shared by Paul Merrell on 22 Dec 14 - No Cached
  • A panel investigating the Central Intelligence Agency’s search of a computer network used by staff members of the Senate Intelligence Committee who were looking into the C.I.A.’s use of torture will recommend against punishing anyone involved in the episode, according to current and former government officials.The panel will make that recommendation after the five C.I.A. officials who were singled out by the agency’s inspector general this year for improperly ordering and carrying out the computer searches staunchly defended their actions, saying that they were lawful and in some cases done at the behest of John O. Brennan, the C.I.A. director.While effectively rejecting the most significant conclusions of the inspector general’s report, the panel, appointed by Mr. Brennan and composed of three C.I.A. officers and two members from outside the agency, is still expected to criticize agency missteps that contributed to the fight with Congress.
  • But its decision not to recommend anyone for disciplinary action is likely to anger members of the Intelligence Committee, who have accused the C.I.A. of trampling on the independence of Congress and interfering with its investigation of agency wrongdoing. The computer searches occurred late last year while the committee was finishing an excoriating report on the agency’s detention and interrogation program.The computer search raised questions about the separation of powers and caused one of the most public rifts in years between the nation’s intelligence agencies and the Senate oversight panel, which conducts most of its business in secret. It led to an unusually heated and public rebuke by Senator Dianne Feinstein, the California Democrat who is the committee’s chairwoman.
  • Paul Merrell on 22 Dec 14
     
    Let's be clear. Feinstein properly raised the Separation of Powers issue but did not raise the even more clear violation of criminal law prohibiting unauthorized hacking into a computer system. The CIA is expressly prohited from engaging in domestic surveillance, so the criminal violation is exceedingly clear.
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Call for punishment of Missouri police behind crackdown on journalists - Reporters With... - 0 views

en.rsf.org/missouri-22-08-2014,46833.html civil liberties Ferguson reporter-arrests ACLU
shared by Paul Merrell on 28 Aug 14 - No Cached
  • At least 15 journalists have been unfairly arrested during the clashes between the police and protesters in Ferguson, Missouri, after a white officer shot dead a young unarmed black man, Michael Brown, on 9 August. As rioting has gripped the town for almost two weeks, police have cracked down on the journalists covering the violence. The arbitrary detention of Washington Post reporter Wesley Lowery and Ryan J. Reilly of the Huffington Post on 13 August appeared at first to be isolated instances as a result of the protests getting out of hand, but they were followed by the arrests of at least 13 more journalists, three of them German and one Turkish. All were handcuffed as a matter of routine. The freelance photojournalist Coulter Loeb, on assignment for the Cincinnati Herald, is the most recent to have been placed under arrest. He was held for six hours overnight on 19 August. Journalists are also victims of police brutality. According to Al-Jazeera correspondent Ash-har Quraishi, tear gas was deliberately aimed at his crew.
  • “Reporters Without Borders calls for the punishment of the officers responsible for the arbitrary arrests of journalists covering the demonstrations,” said Camille Soulier, the head of the organization’s Americas desk. “The arrest of journalists for reporting on the riots are in flagrant violation of International conventions as well as the U.S. constitution. An investigation must be carried out to identify the officers that deliberately assaulted and threatened those working for the media. There could be further wrongful arrests unless the authorities take decisive action against such shortcomings on the part of the police.” A resolution passed by the U.N. Human Rights Council in March this year urges states to “pay particular attention to the safety of journalists and media workers covering peaceful protests.” On 15 August, the American Civil Liberties Union and the Missouri police authorities signed an agreement that they “acknowledge and agree that the media and members of the public have the right to record public events without abridgement unless it obstructs the activities or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.”
  • Such an agreement may appear unnecessary in the land of the First Amendment, but it should act as a reminder to officers on the ground. In addition, Reporters Without Borders and more than 40 other media organizations have signed a letter at the instigation of the Reporters Committee for Freedom of the Press requesting the Missouri police authorities to allow journalist to do their work. The journalists arrested in Ferguson are listed on the website of the Freedom of the Press Foundation. The United States is ranked 46th of 180 countries in the 2014 Reporters without Borders press freedom index, 13 places below its position in the 2013 edition.
  • Paul Merrell on 28 Aug 14
     
    Tragically, the ACLU had to get a stipulation with state, county, and Ferguson city police that reporters and the press have a right to record public events on video  "without abridgement unless it obstructs the activity or threatens the safety of others or physically interferes or interferes with the ability of law enforcement officers to perform their duties" The ACLU lawsuit over the rough stuff against reporters is still pending.  One might hope that word would have got around by now among all police in America that the Supreme Court has ruled that the public has that right under the First Amendment, but there remains a fairly constant flow of cops who arrest people for recording their activities, seize their cameras, or break them. And playing rough with reporters is plain stupid; it's just asking for a scandal. Police in the U.S. have no right to be dumb as a doornail.
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'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

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shared by Paul Merrell on 23 Aug 14 - No Cached
  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
  • Paul Merrell on 23 Aug 14
     
    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
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Government agents 'directly involved' in most high-profile US terror plots | World news... - 0 views

www.theguardian.com/...nvolved-us-terror-plots-report surveillance state FBI stings terrorists™
shared by Paul Merrell on 23 Jul 14 - No Cached
  • Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the "direct involvement" of government agents or informants, a new report says.Some of the controversial "sting" operations "were proposed or led by informants", bordering on entrapment by law enforcement. Yet the courtroom obstacles to proving entrapment are significant, one of the reasons the stings persist. The lengthy report, released on Monday by Human Rights Watch, raises questions about the US criminal justice system's ability to respect civil rights and due process in post-9/11 terrorism cases. It portrays a system that features not just the sting operations but secret evidence, anonymous juries, extensive pretrial detentions and convictions significantly removed from actual plots.
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Dozens of Turkish police detained for alleged spying on government | Reuters - 0 views

uk.reuters.com/...y-police-idUKKBN0FR0NU20140722 surveillance state Turkey wiretapping Erdogan police arrests
shared by Paul Merrell on 23 Jul 14 - No Cached
  • (Reuters) - Dozens of Turkish police including high-ranking officers were detained on Tuesday, accused of spying and illegal wire-tapping of Prime Minister Tayyip Erdogan and his inner circle in what the chief prosecutor said was a concocted probe of an alleged terrorist group. The former Istanbul anti-terror police chief, himself among those detained and led away in handcuffs, said the incident was entirely political, coming just a few weeks ahead of a presidential election in which Erdogan is standing.The operation follows a stream of purges targeting the police, judiciary and state institutions this year which government critics have condemned as a symptom of Erdogan's tightening grip.
  • olice conducted raids in 22 provinces, and officers involved in a separate government corruption probe which emerged in December and led to the departure of four ministers were among those detained, Turkish media reported.The officers were accused of making up an investigation into an alleged terrorist group named 'selam-tevhid' as a pretence to tap the phones of Erdogan, ministers and the head of the national intelligence agency."The order was given for the capture and detention of 76 police officers who were investigating the group named selam-tevhid but whose actual aims were spying," Istanbul chief prosecutor Hadi Salihoglu said in a written statement.He said the 'selam-tevhid' case, targeting 251 people, had been dismissed due to a lack of evidence after a three-year investigation during which 2,280 people were wire-tapped.Fifty-two of the 76 officers have so far been detained, and Turkish media published photos of former anti-terror police chiefs being led away in handcuffs by their colleagues.
  • The order was also given for the arrest of another 39 suspects, of whom 15 have so far been detained, over the wiretapping of around 250 people, including deputies, judges, journalists and senior bureaucrats, allegedly on the grounds of being members of an illegal group, the statement said.
  • Paul Merrell on 23 Jul 14
     
    Election season in Turkey.
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The Ron Paul Institute for Peace and Prosperity : End Torture, Shut Down the CIA! - 0 views

ronpaulinstitute.org/...rture,-shut-down-the-cia!.aspx war & peace torture rendition CIA ron paul
shared by Paul Merrell on 30 Jul 14 - No Cached
  • End Torture, Shut Down the CIA! Written by Ron Paul Sunday July 27, 2014
  • Remember back in April, 2007, when then-CIA director George Tenet appeared on 60 Minutes, angrily telling the program host, “we don’t torture people”? Remember a few months later, in October, President George W. Bush saying, “this government does not torture people”? We knew then it was not true because we had already seen the photos of Iraqis tortured at Abu Ghraib prison four years earlier.   Still the US administration denied that torture was torture, preferring to call it “enhanced interrogation” and claiming that it had disrupted so many terrorist plots. Of course, we later found out that the CIA had not only lied about the torture of large numbers of people after 9/11, but it had vastly exaggerated any valuable information that came from such practices. However secret rendition of prisoners to other places was ongoing.
  • The US not only tortured people in its own custody, however. Last week the European Court of Human Rights found that the US government transferred individuals to secret detention centers in Poland (and likely elsewhere) where they were tortured away from public scrutiny. The government of Poland was ordered to pay hundreds of thousands of dollars in damages to two victims for doing nothing to stop their torture on Polish soil.
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  • Meanwhile, former CIA director George Tenet and other senior current and former CIA officials are said to be frantically attempting to prepare a response to a planned release of an unclassified version of a 6,500 page Senate Intelligence Committee study on the torture practices of that agency. The CIA was already caught tapping into the computers of Senate investigators last year, looking to see what information might be contained in the report. Those who have seen the report have commented that it details far more brutal CIA practices than have been revealed to this point.   Revelations of US secret torture sites overseas and a new Senate investigation revealing widespread horrific CIA torture practices should finally lead to the abolishment of this agency. Far from keeping us safer, CIA covert actions across the globe have led to destruction of countries and societies and unprecedented resentment toward the United States. For our own safety, end the CIA!
  • Paul Merrell on 30 Jul 14
     
    Ron Paul calls for shutting down the CIA. He's not the first. For example, former President Harry Truman, who established the CIA, said years after he left office that the Agency was operating so far outside its authority that it should be shut down. And JFK was also seriously considering ending the CIA. By statute, the CIA is limited to intelligence gathering, acting as the central intelligence agency for gathering and reporting to the President on all intelligence from all other intelligence agencies.  One error in Paul's article, where he says that the recent decisions were the first time the European Court of Human Rights had connected any EU country to U.S. torture practices. The first was in 2012 in the case of El-Masri v. The Former Yugoslav Republic of Macedonia, No. 39630/09, European Court of Human Rights (Grand Chamber Judgment of 13 December 2012), http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4184975-4955119, also at http://tinyurl.com/c88qs74. See also El-Masri Application, http://www.law.columbia.edu/ipimages/Human_Rights_Institute/ctlm%20docs/ElMasriApplication.pdf.
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Swedish court sets date for Julian Assange rape case hearing | Media | The Guardian - 0 views

www.theguardian.com/...lian-assange-rape-case-hearing war & peace surveillance state Wikileaks Assange
shared by Paul Merrell on 04 Jul 14 - No Cached
  • Prosecutors in Sweden pursuing Julian Assange over rape allegations have rejected a demand by his lawyers to hand over new evidence and withdraw the warrant for his arrest, setting the stage in two weeks' time for the first legal battle in the case since 2012.In a sharply worded rebuttal, prosecutors stated that Assange does not have the right to see copies of the case files.Lawyers for the WikiLeaks founder requested last week that text messages sent by his accusers be passed to the defence in an attempt to break the deadlock in the rape case brought four years ago against him."There is still probable cause to believe that Julian Assange is guilty of the offences that he was arrested for, and the basis for his detention, risk of flight, is undiminished," prosecutors Marianne Ny and Ingred Isgren said in a submission to Stockholm district court.
  • The court announced on Thursday that the two sides will present their arguments on 16 July in a public hearing – the first formal legal discussion of the case since Assange sought asylum in the Ecuadorean embassy in London two years ago.
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Renditions continue under Obama, despite due-process concerns - The Washington Post - 0 views

www.washingtonpost.com/...2-984e-f1de82a7c98a_story.html war & peace rendition Obama
shared by Paul Merrell on 10 Aug 14 - No Cached
  • The secret arrests and detentions came to light Dec. 21 when the suspects made a brief appearance in a Brooklyn courtroom. The men are the latest example of how the Obama administration has embraced rendition — the practice of holding and interrogating terrorism suspects in other countries without due process — despite widespread condemnation of the tactic in the years after the Sept. 11, 2001, attacks. Renditions are taking on renewed significance because the administration and Congress have not reached agreement on a consistent legal pathway for apprehending terrorism suspects overseas and bringing them to justice.
  • “In a way, rendition has become even more important than before,” said Clara Gutteridge, director of the London-based Equal Justice Forum, a human rights group that investigates national security cases and that opposes the practice. Because of the secrecy involved, it is not known how many renditions have taken place during Obama’s first term. But his administration has not disavowed the practice. In 2009, a White House task force on interrogation and detainee transfers recommended that the government be allowed to continue using renditions, but with greater oversight, so that suspects were not subject to harsh interrogation techniques, as some were during the George W. Bush administration.
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Case of Navy nurse who refused to force-feed could put Guantánamo hunger stri... - 0 views

www.miamiherald.com/...of-navy-nurse-who-refused.html war & peace Gitmo force-feeding litigation
shared by Paul Merrell on 30 Aug 14 - No Cached
  • No decision has been made on whether the U.S. Navy will court-martial a nurse who refused to force-feed hunger strikers at Guantánamo during the summer, the nurse’s commander says.But those who are watching the case say a military trial could put a spotlight on both Guantánamo’s hunger-strike policy and how the military manages medical-ethics issues. Retired Navy Capt. Albert J. Shimkus Jr., who teaches at the U.S. Navy War College in Newport, R.I., calls it “an important time, not only for this individual but also an important time for military medicine and how we interact with our patient and the process by which these decisions are made.”
  • The nurse, who has been identified as a Navy lieutenant, reportedly turned conscientious objector after handling months of feedings. He was sent home early to the Naval Health Clinic New England in Newport, R.I., this month after serving with the 139-member Navy medical staff assigned to care for Guantánamo’s 149 detainees.
  • At Guantánamo, “there was an investigation done and currently it’s under review. The process has started.”
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  • As the lieutenant’s commander, it would be up to Pennington to decide what, if any, disciplinary action to pursue. Typically that starts with what is called a 15-6 investigation: a description of what happened and a recommendation of whether to order a court-martial. The captain would not say whether that was the investigation she had received. Whatever the outcome, two former senior military medical officers said the case would serve as a significant precedent in this, the 13th year of the detention center at the U.S. enclave in southeast Cuba, where an undisclosed number of the 149 captives were on a hunger strike Thursday.
  • The case is also likely to drive a review of “the process of how to recuse oneself” when a health provider in uniform navigates the “dual loyalty question” of obligation to the nation versus the obligation to the patient. Retired Army Brig Gen. Stephen Xenakis, a psychiatrist who has examined Guantánamo captives, also says a court-martial could end up putting Guantánamo hunger-strike policy on trial.During the 1980s, he notes, military doctors were allowed not only to refuse to perform abortions but also to proclaim their opposition to doing them, “and we didn’t prosecute them.” But something about medical autonomy changed during the war on terror. “The issue is that, with this war, there has been a shift in what has been the professional autonomy of clinicians. They’ve been subordinated to the combat arms, to the war-fighters,” says Xenakis.
  • Paul Merrell on 30 Aug 14
     
    The case may well put the Gitmo hunger-strike policy on trial. All U.S. military officers are under a general order to disobey unlawful commands. Therefore, it is conceivable to me that the nurse's best defense may well be that the order to force-feed the prisoners was unlawful.
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As Yemen Crumbled, a Disappeared US Detainee Called Home in Fear for His Life | VICE News - 0 views

news.vice.com/...lled-home-in-fear-for-his-life war & peace Yemen Obama-renditions Sharif-Mobley cover-up
shared by Paul Merrell on 02 Feb 15 - No Cached
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
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  • Mobley was shot in the leg during his abduction, and interrogated by FBI agents and representatives of the US Department of Defense while in hospital on January 30, 2010 — but never charged with terrorism. Instead, Yemeni authorities later charged him with the murder of a guard during a failed escape attempt, for which he now faces the death penalty. His lawyer was never formally notified of the charges against him.While his trial is ongoing, Mobley hasn't been seen in court since February 2014. In sporadic, frantic calls made from the cell phone of the occasional sympathetic guard, he has reportedly told his wife that he is being tortured and threatened. On his last call, two days before Yemen's president resigned, plunging the country into political chaos, Mobley once again told his wife that he fears for his life.
  • Mobley's lawyer, Cori Crider — the legal director of Reprieve, a UK-based legal aid group — told us that Islam is "really, really scared right now." "There is no trial process anymore, it hasn't happened for ages," said Crider, who hasn't been told where her client is and hasn't been able to speak with him in nearly a year. "[The US] really needs to renegotiate with what remains of the Yemeni state to get this guy deported and back to where he's gonna be safe, because he's really at risk right now."Crider and Islam said that US officials know where Mobley is — but that they won't tell them.
  • Mobley's whereabouts over the last year have not been confirmed — including by US officials who claimed to have visited him and found him "in good health and with  no major complaints," as reported by the Guardian. Mobley was believed to be in the hands of Yemen's Specialized Criminal Court — a secretive national security court known for its record of human rights abuse and targeting of political opponents and journalists.At some point last year, Mobley was believed to be detained at a Sana'a military base. A number of Sana'a's official facilities have recently passed under the control of Houthi rebels — including one seized Thursday, where US officials had previously trained Yemeni security forces on counter-terrorism tactics.
  • "They won't tell me and they won't tell his family," she added. "Even though they know, they refuse to tell us where their citizen is held at a time when the country is going into total chaos."Under America's Privacy Act, the state department cannot reveal any information related to a US citizen's "location, welfare, intentions, or problems" to anyone without that person's permission — this includes relatives and members of Congress.But Crider believes the US government may not only know where Sharif is, but she says they may also have had something to do with his disappearance.
  • US agents backed Mobley's initial arrest, Crider said, but they may have also been behind his subsequent disappearance. An unnamed Yemeni security source told NBC News that Mobley had been transferred in coordination with the US and that American officials have participated in his interrogation."We are very disturbed by recent reports that suggest that they are in some way implicated in the second disappearance," Crider said, adding that she has been fighting the government to disclose more information, including through government records requests. "If that's right, that's a problem of a totally different magnitude."
  • A State Department official told VICE News that there are no current plans for the US to directly evacuate Americans and that the US does not evacuate prisoners in a crisis situation, but declined to discuss Mobley's case, citing privacy laws. That's the same reasoning US officials have given to Crider — who has been fighting for months to find her client."I was like, guys, I'm this person's attorney," she said. "He has a right to see his legal representative — that is basic under Yemeni law just like it would be under US law. So you know where he is, you know he has a right to an attorney, what are you doing? Where is he?"
  • In previous calls to his wife, Mobley said that his captors had forced him to drink from bottles that had previously contained urine, and sprayed him with mace when he asked to speak with embassy officials. Lawyers with Reprieve said that during his detention he was beaten, chained to a bed, and dragged down the stairs.
  • Paul Merrell on 02 Feb 15
     
    The State Department's Privacy Act excuse for withholding the location of Sharif Mobley is a load of bull puckey intended for media consumption, not as a serious legal argument. The Privacy Act has an exception for just such situations: "(b) Conditions of Disclosure.- No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, *unless disclosure of the record would be-* ... (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;" 5 U.S.C. 552a(b), http://www.law.cornell.edu/uscode/text/5/552a. This is an outrageous cover-up!
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Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

www.miamiherald.com/...article11100089.html war & peace Gitmo-detainees trials pressuring-judges civil-liberties fair-trial
shared by Paul Merrell on 26 Feb 15 - No Cached
  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
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  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
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