Organization Launches Campaign Questioning Motives of DOJ Lawyers

Liz Cheney and Bill Kristol's organization, Keep America Safe, has produced a new video that criticizes Attorney General Eric Holder and other Justice Department lawyers. Take a look:



This campaign is an extension of actions being advanced by Sen. Chuck Grassley (R-IA) for the Obama Administration to disclose potential "conflicts of interest" in the Justice Department surrounding detainee policies. Grassley has said:

“The decisions to bring detainees into the United States and afford them civilian trials are highly questionable. I want to know more about who is advising the Attorney General. I understand that there are attorneys at the Justice Department working on these issues who either represented Guantanamo detainees or worked for groups who advocated for them. This prior representation creates apparent conflicts of interest,” Grassley said. “My request is about establishing transparency and holding the Administration to its word to make the Government’s business public.”

When Eric Holder disclosed that 9 Obama Administration appointees had represented Guantanamo detainees, Grassley demanded to know their identities. Holder released the names of two of the nine and now the other seven are being portrayed by Cheney's organization as having questionable motives...even being labeled "The Al Qaeda Seven".

Faiz Shakir of ThinkProgress weighs in:

Many on the right have conveniently neglected to mention that the United States Supreme Court sided with the Obama attorneys. One of the targeted attorneys is Principal Deputy Solicitor General Neal Katyal, the lawyer who won Hamdan v. Rumsfeld, the case that struck down the Bush administration’s military commissions system. Another target, Justice Department lawyer Jennifer Daskal, had signed her name to an amicus brief in the Boumediene v. Bush case arguing that Gitmo detainees be accorded habeas corpus rights to challenge their convictions. The Supreme Court sided with Daskal’s position.

So now we have an organization attacking DOJ lawyers because they have represented detainees in accordance with the rule of law. Earlier today, Glenn Greenwald posed an interesting view on his Twitter feed. He stated:

Many GITMO detainees have been represented by military lawyers - would like to hear Cheney/Kristol call them part of the "Al Qaeda Seven"

How far will Cheney's "Keep America Safe" go?

Cheney Delcares His Support for Waterboarding

Former Vice President Dick Cheney was on ABC's This Week yesterday morning spouting most of the same talking points that he has become known for ever since leaving office last year. He slammed the Obama Administration as being weak on terrorism and criticized their handling of almost every aspect of their Foreign Policy.

While much of what Cheney had to say is not surprising there was this exchange between Cheney and guest host Jonathan Karl:

KARL: Did you more often win or lose those battles, especially as you got to the second term?

CHENEY: Well, I suppose it depends on which battle you're talking about. I won some; I lost some. I can't...

(CROSSTALK)

KARL: ... waterboarding, clearly, what was your...

CHENEY: I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques that...

KARL: And you opposed the administration's actions of doing away with waterboarding?

CHENEY: Yes.

Cheney's open admission to being a "big supporter" of waterboarding has led some like Andrew Sullivan to claim that this is an open admission to a war crime by the former Vice President:

In fact, the attorney general of the United States is legally obliged to prosecute someone who has openly admitted such a war crime or be in violation of the Geneva Conventions and the UN Convention on Torture. For Eric Holder to ignore this duty subjects him too to prosecution. If the US government fails to enforce the provision against torture, the UN or a foreign court can initiate an investigation and prosecution.

These are not my opinions and they are not hyperbole. They are legal facts. Either this country is governed by the rule of law or it isn't. Cheney's clear admission of his central role in authorizing waterboarding and the clear evidence that such waterboarding did indeed take place means that prosecution must proceed.

Cheney himself just set in motion a chain of events that the civilized world must see to its conclusion or cease to be the civilized world. For such a high official to escape the clear letter of these treaties and conventions, and to openly brag of it, renders such treaties and conventions meaningless.

In addition to pretty much confessing it only solidifies Cheney's sadistic tendencies each time he appears on one of these programs. When the former Vice President goes on national television and declares that he is a big fan and supporter of torture, one would hope that in a country that prides itself on being a nation of laws, some action would be taken. Still though, the Obama Administration and the Holder Justice Department continue to take no action on an issue that so clearly needs further investigation and civilized society suffers. After all, if there is no punishment for crimes as serious as these, then there will be no deterrent when history repeats itself in the future. These are grave and serious matters and it is on this Administration to stand up for the rule of law no matter how politically difficult.

For those interested, here is the full ABC interview in two parts:

A Two-Tiered System of Justice

The blogosphere is all fired up regarding the recent news that Khalid Sheik Mohammed and five others are going to be brought to the United States to stand trial in civilian court. Here is one example from Doug Payton over at Considerettes:

Khalid Sheikh Mohammed, self-proclaimed mastermind of the 9/11 attacks, is being promoted to, what amounts to, full citizen of the United States of America for purposes of standing trial, in civilian court, for his war crimes. He’ll get all the rights and privileges afforded citizens, and even just residents living under the laws of our land, even though he has never been either of those.

Nazis are rolling over in their graves. No doubt John Kerry, who called the war on terror a "law enforcement" issue is feeling vindicate today.

I suppose this type of reaction from the right is to be expected, even complete with hyperbole about Nazi's!

I first heard of this news on NPR in my car this morning and while my initial inclination was to applaud the Obama Administration for finally bringing charges against these individuals I then heard the other half of the announcement. Namely:

Holder also announced that five other detainees held at the U.S. military detention facility at Guantanamo Bay, Cuba, will be sent to military commissions for trial. They were identified as Omar Khadr, Mohammed Kamin, Ibrahim al Qosi, Noor Uthman Muhammed and Abd al-Rahim al-Nashiri.

Al-Nashiri is an accused mastermind of the deadly 2000 bombing of the USS Cole; Khadr is a Canadian charged with the 2002 murder of a U.S. military officer in Afghanistan. Khadr was 15 years old when he was captured in July 2002.

Holder said a venue for the military commissions has not been set.

Sigh. So the American system of justice is good enough for some, but we must resort to the controversial "Military Commissions" for others? That sure sounds like a two-tiered system of justice to me. Despite all the comments I have seen today saying that we should just execute KSM or that he shouldn't be afforded a trial, we should aspire to be a civilized society that has a fair justice system that can be applied to even the "worst of the worst". A fair justice system does not seem to jive with the ability of our leadership to simply pick and choose which accused terrorists get afforded a system of justice like that practiced in our civilian courts and which detainees will have to go through the more controversial Military Tribunal system that has been largely criticized.

The obvious question in this situation (as is all too often the case) is why? Why are some detainees deemed fit to stand trial in the United States under one system of justice while others will be tried under Military Commissions? Glenn Greenwald has some ideas:

So what we have here is not an announcement that all terrorism suspects are entitled to real trials in a real American court. Instead, what we have is a multi-tiered justice system, where only certain individuals are entitled to real trials: namely, those whom the Government is convinced ahead of time it can convict. Others for whom conviction is less certain will be accorded lesser due process: put in military commissions, to which most leading Democrats vehemently objected when created under Bush. Presumably, others still -- those who the Government believes cannot be convicted in either forum, will simply be held indefinitely with no charges, a power the administration recently announced it intends to preserve based on the same theories used by Bush/Cheney to claim that power.

A system of justice which accords you varying levels of due process based on the certainty that you'll get just enough to be convicted isn't a justice system at all. It's a rigged game of show trials.

I think these implications and observations that are made by Greenwald, are being grossly overlooked in the corporate media's discussions on this issue. Most discussions are largely focused on the impact of bringing KSM to the United States for trial and the so-called "security risks" that it could pose. The greater implication that Grennwald outlines, is why these two systems of justice are being written. A very telling portion of Attorney General Eric Holder's statement on this issue was this segment (emphasis mine):

In each case, my decision as to whether to proceed in federal courts or military commissions was based on a protocol that the Departments of Justice and Defense developed and that was announced in July. Because many cases could be prosecuted in either federal courts or military commissions, that protocol sets forth a number of factors – including the nature of the offense, the location in which the offense occurred, the identity of the victims, and the manner in which the case was investigated – that must be considered. In consultation with the Secretary of Defense, I looked at all the relevant factors and made case by case decisions for each detainee.

More Greenwald:

There's supposed to be one justice system for everyone -- not multiple ones from which prosecutors can pick and choose based on assurances of ongoing imprisonment. Highlighting how dangerous this is, the DOJ's investigation of al-Nashiri was originally classified as a standard criminal case, but -- as his counsel pointed out today -- he was assigned to a military commission because there simply isn't sufficient evidence to convict him in a real court.

[...]

And for those of you who favor what Obama did today, I have two questions: (1) are you in favor of allowing serial murderers and child rapists to go free if the evidence against them is "tainted," or should special commissions be created to ensure their conviction, too; and (2) did you defend the Bush administration's use of military commissions on the same grounds that you're defending Obama today?

This system, that of our leadership being able to decide which system of justice each detainee gets, is flawed at best and has the potential to be unjust at worst. These criticisms are why these actions were opposed so strongly when former President Bush implemented these Commissions and why they should be equally opposed as President Obama continues their use.

Holder Appoints Special Prosecutor to Invesigate Torture...Sort Of

Attorney General Eric Holder has announced that he is going to appoint a special prosecutor to investigate whether members of the CIA went too far while interrogating detainees in U.S. custody. Holder is going to name John Durham to lead this investigation, the scope of which will be quite narrow. From the Washington Post article that I linked to above (emphasis mine):

Durham's mandate, the sources added, will be relatively narrow: to look at whether there is enough evidence to launch a full-scale criminal investigation of current and former CIA personnel who may have broken the law in their dealings with detainees. Many of the harshest CIA interrogation techniques have not been employed against terrorism suspects for four years or more.

The attorney general selected Durham in part because the longtime prosecutor is familiar with the CIA and its past interrogation regime. For nearly two years, Durham has been probing whether laws against obstruction or false statements were violated in connection with the 2005 destruction of CIA videotapes. The tapes allegedly depicted brutal scenes including waterboarding of some of the agency's high value detainees. That inquiry is proceeding before a grand jury in Alexandria, although lawyers following the investigation have cast doubt on whether it will result in any criminal charges.

[...]

With Monday's looming public announcement, however, the attorney general and his national security team appear to be staking out a middle ground -- rejecting a broad inquiry that could result in possible prosecutions of Justice Department lawyers in the Bush years as well as cabinet officers who developed counterterrorism policy; but giving civil liberties advocates at least part of what they wanted without supporting a full, independent truth commission to examine a host of Bush national security practices.

In other words, this is a sham. Holder is opting to appoint a prosecutor (who is already involved in another investigation) to see if anyone in the CIA acted outside of the "legal" framework that was set up by the Bush Administration (and the OLC lawyers like John Yoo) but the investigation will not have a broad enough scope to examine the legality of the interrogation program itself. Remember when U.S. soldiers at Abu Ghraib prison were prosecuted and labeled a "few bad apples"? This may turn out similarly. The argument for prosecutions is not that officials went beyond what the Bush Administration claimed was legal, but that the Bush Administration's (in this case) interrogation policies need to be examined for criminal wrong-doing. The Attorney General apparently has no interest in doing the latter.

Also, take note of the final paragraph of the Washington Post piece that I quoted above. Notice the framing of the issue, that Eric Holder is "staking out a middle ground" on this issue as if the rule of law is some kind of political debate. While there very well could be potential political implications for appointing a special prosecutor with a broader mandate, this is not the same thing as taking a middle ground on whether to investigate potential violations of the law. After all, how does one take a centrist role and compromise on enforcing the rule of law?

ACLU Releases "Tortured Logic" Video

The ACLU has released a video of various entertainers reading one of the "torture memos" that was authored by Jay Bybee. (h/t Valtin) From the ACLU's YouTube page:

ACLU video shows prominent figures like Oscar-winning director Oliver Stone and a 9/11 family member reading from one of the infamous Bush administration legal memos used to justify the use of torture against detainees in U.S. custody. The video calls for accountability and the restoration of the rule of law.

The video includes appearances by Oliver Stone, 9/11 family member Patricia Perry, actors Rosie Perez, Noah Emmerich, John Doman and Reg E. Cathey, and musical composer Philip Glass, among others, reading directly from a memo authored by Jay Bybee, former head of the Justice Departments Office of Legal Counsel under the Bush administration. The memo was released in April as part of a Freedom of Information Act lawsuit filed by the ACLU.

This video comes as Attorney General Eric Holder appears poised to launch an investigation into CIA interrogation abuses. Though this is being touted by some as a step forward in trying to hold torturers to account, the Chicago Tribune reports:

A senior Justice Department official said the probe Holder envisions would be "narrow" in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos known for their extreme interpretations of anti-torture laws.

This so-called "investigation" will likely accomplish little and may not even result in criminal prosecutions. These investigations will also do nothing in examining those who authorized the torture policies or the Bush Administration officials who pushed for such policies despite any legal ramifications. Holder, and the Obama Administration, continue to turn a blind eye to abuses of the law by members of the previous administration which leave this country open to repeating the same abuses due to the lack of consequences for law-breaking. The ACLU's video is below:

The Continued Need for Expanded Racial Discourse

Since the election of Barack Obama into this nation's highest office, there has been widespread praise for how far the United States of America has come in regard to race relations. After all, not even half a century ago, our black brothers and sisters were fighting against seemingly insurmountable odds in order to achieve equality. It still pains us to watch the old footage of black members of society being beaten, attacked by police dogs, and sprayed with fire hoses. These images, along with the images of peaceful protests singing "We Shall Overcome" cannot help but remind us not only of how far we have come, but of the power of a determined people to create social change.

While a black man ascending into the office of President indicates measured progress for race relations, it does not automatically mean that issues of race and racism are no longer relevant or worth discussing. Isolated incidents of achievement are not always indicative of widespread societal progress. One only needs to turn back the clock a mere three and a half years and remember the scenes that played out in New Orleans duirng Hurricane Katrina for a reminder of why race issues should continue to be discussed in the twenty-first century.

Attorney General Eric Holder recently gave a speech in honor of Black History Month and used the opportunity to encourage people to have an open dialogue about race. Holder said that we are "essentially a nation of cowards" in our collective failure of engaging in meaningful discussions on race related issues. Holder continued:

Our history has demonstrated that the vast majority of Americans are uncomfortable with, and would like to not have to deal with, racial matters and that is why those, black or white, elected or self-appointed, who promise relief in easy, quick solutions, no matter how divisive, are embraced. We are then free to retreat to our race protected cocoons where much is comfortable and where progress is not really made. If we allow this attitude to persist in the face of the most significant demographic changes that this nation has ever confronted-and remember, there will be no majority race in America in about fifty years-the coming diversity that could be such a powerful, positive force will, instead, become a reason for stagnation and polarization.

With President Obama now in office we see people retreating into their "race protected cocoons". Racial disparity and racial inequality have not just magically disappeared, but rather it is the chance for meaningful discourse which has fallen into old patterns and continues to fade into the background. What a fantastic opportunity this country currently has to speak to each other about issues of race now that we have witnessed the election of our first black President. What follows should not be the assumption that all has been overcome, but rather a dialogue on how we can continue to move forward. Communication and emerging from our protected cocoons is the only way that we can effectively continue this all important progression on these issues.

Recently, the much publicized editorial cartoon printed by The New York Post, touched off a firestorm of criticism. The cartoon (linked to above) shows two white police officers standing over a bullet-ridden and bloodied chimp with their guns smoking. One officer is saying to the other: "They'll have to find someone else to write the next stimulus bill". Rev. Al Sharpton was quick to criticize the cartoon as racist for the implication that the dead chimpanzee could be interpreted to be President Obama. The Post initially issued a statement defending the cartoon and attacking "those in the media and in public life who have had differences with the Post in the past". "To them," the statement read, "no apology is due." This led to continued demonstrations outside the Post's offices and concluded with an apology from Rupert Murdoch, CEO of NewsCorp.

This incident got a lot of sensational coverage in the media and set off debates between pundits who argued whether or not the cartoon was racist. Whether the chimpanzee was initially intended to represent Obama is not necessarily the central issue. A more productive discussion would have stretched beyond the surface and could have examined the history of likening African-Americans to monkeys and chimpanzees. Now, with Murdoch's apology and the sensational aspect of this story fading, we will once again shelve the discussion of this issue until the next controversy erupts. This pattern, one we have seen for years on the issue of race, is not a recipe for progress, but like Eric Holder says, a reason for stagnation.

While the recent controversy over the Post's editorial cartoon shows us an example of the continued failure of discussing race in a meaningful way, there are still some who feel that it is appropriate to engage in behavior that directly works against progress. Jim Schifrin is the publisher of The Whistleblower (an internet based alternative "news" source for Cincinnati) and has come under fire recently for blatantly racist language and images as well as assassination jokes that he has posted. As you can read in other stories posted at The Cincinnati Beacon, many area politicians have repudiated this racist language.

In the January 17th edition of The Whistleblower Schifrin made mention of sharing Obama jokes with Hamilton County Prosecutor Joe Deters:

Q: What do Abe Lincoln, JFK, Martin Luther King Jr. and Obama have in common? A: Nothing, yet!

Q: What's the difference between Sarah Palin naked and Michelle Obama naked?
A: Playboy and National Geographic!

BREAKING NEWS: “Hail to the Chief” is being replaced with the theme song from "The Jefferson's"!

Finally, everybody—just relax. When was the last time you saw an black guy keep
a job for four years?

In the February 20th edition of The Whistleblower Schifrin has Obama's face pasted over the face of a monkey and also published this result of a "limerick competition":

The best part of dead Presidents' Day
Is that at some point this one will also be that way.
I don't wish him bad luck
(Though I really don't give a good ... uh ... "darn")
Just call me a nasty old Republican ofay!

and in the February 21st edition of The Whistleblower, Schifrin posted a photo that likens Michelle Obama to a monkey. It is racist actions like these that run directly contrary to the kind of progress that Eric Holder talks about in his speech. There is nothing about the publication of such images and so-called jokes that allow us to have an intelligent and productive conversation about serious race related issues. The fact that there are still Jim Schifrin's of the world out there should indicate not only that racism is still alive and well, but that we need to take every opportunity that we are given to have intellectual discussions that will actual move this country forward instead of backward. After all, as Eric Holder said:

As I indicated before, the artificial device that is Black History month is a perfect vehicle for the beginnings of such a dialogue. And so I urge all of you to use the opportunity of this month to talk with your friends and co-workers on the other side of the divide about racial matters. In this way we can hasten the day when we truly become one America.

Perhaps Jim Schifrin would like to take Eric Holder's challenge and discuss (in interview format) his use of assassination jokes, racist jokes, and likening monkeys to the Obamas. (If he is interested in such an interview, he should let me know.) After all, lobbing racist insults is an easy thing to do, but tackling these issues in a meaningful manner is another matter entirely.

Though we have made great strides with race, it is evident by the examples that I have listed above, that we still have a long way to come. As Eric Holder states in his speech, "to respect one another, we must have a basic understanding of each other" . Communication and dialogue is the only way that we can begin to understand each other and understand the full history of black America. "The history of black America and the history of this nation are inextricably tied to each other", Holder states, and until we start to talk with each other and understand this, we will see more stagnation and less progression.


This article can also be found at: http://www.cincinnatibeacon.com/

The Stunted Discourse on Torture Continues

I have devoted quite a few entries recently to the discussion of torture policies and my viewpoint that officials that approved these policies should be investigated and held accountable for their actions. I actually find it fascinating to witness some of the conversations that take place in the media in regard to torture policies and those who continue to insist that this is merely a question of political difference and debate as opposed to a discussion over accountability to the rule of law.

I am in complete agreement that outgoing administrations should not have to worry about policies being criminalized, but when those policies break the law and are potential war crimes, then certainly those who implement said policies should be investigated and held to account. When we are discussing violations of the law, we move beyond mere differences in political ideology and discussions about accountability to the law should not be viewed through merely a political lens. After all, we are a nation of laws and are of the belief that no one is above the law. It was quite refreshing to see the nominee for the position of Attorney General state today that "no one is above the law" and that "waterboarding is torture".




Despite Holder's assertion that "no one is above the law" President-elect Obama has not made any indication that Bush Administration officials will be investigated and face charges for implementing policies. In fact, Obama stated the tired line that "we need to look forward as opposed to looking backwards" this past weekend with George Stephanopolous. In order for Obama's Administration to hold the line that "no one is above the law" and to remain consistent with their assertion that "waterboarding is torture", there is no other option than to hold those who made the decision to implement torture, accountable for their illegal and immoral actions.

As President Bush and other Administration officials continue to admit that they approved of torture and Holder and Obama state that waterboarding is indeed torture that the United States has prosecuted others for in the past, the scenario is set for the next step of accountability. All the while there is still a debate about whether these policies are appropriate, with people like Joe Scarborough and Dick Cheney, continuing to defend these policies as necessary to the safety of U.S. citizens. The clip below is a prime example of just how backward the discourse has slid when these issues are discussed: