A number of commentators have replied to Attorney General Eric Holder’s announcement today that five suspects in the 9/11 attacks, including alleged Al Qaeda mastermind Khalid Sheikh Mohammed, will not be tried in civilian courts for the terrorist attacks almost ten years ago, but will be tried by President Obama’s revamped military commissions tribunals. What no commentator has stated thus far is the plain truth that the commissions’ main purpose is to produce government propaganda, not justice. These are meant to be show trials, part of an overarching plan of “exploitation” of prisoners, which includes, besides a misguided attempt by some to gain intelligence data, the inducement of false confessions and the recruitment of informants via torture. The aim behind all this is political: to mobilize the U.S. population for imperialist war adventures abroad, and political repression and economic austerity at home.
Holder claims he wanted civilian trials that would “prove the defendants’ guilt while adhering to the bedrock traditions and values of our laws.” The Attorney General blamed Congress for passing restrictions on bringing Guantanamo prisoners to the United States for making civilian trials inside the United States impossible. Marcy Wheeler has noted that the Congressional restrictions related to the Department of Defense, not the Department of Justice, and there is plenty of reason to believe the Obama administration could have pressed politicians on this issue, but chose not to. (Others see it differently.)
Human rights organizations have responded with dismay, if not outrage. Center for Constitutional Rights, whose attorneys have been active in the legal defense of a number of Guantanamo prisoners, stated, “The announcement underscores the fact that decisions about whether to try detainees in federal court or by military commission are purely political. The decision is clearly driven not by the nature of the alleged offense, or where and when it was committed, but by the unpopularity of the detainee and the political culture in Washington.” CCR also compared the precedent-setting behavior to “Egypt’s apparent plans to use military trials for protesters at Tahir Square.”
Human Rights First spokesperson Daphne Eviatar said, “Decisions on where to prosecute suspected terrorists should be made based on careful legal analysis, not on politics. This purely political decision risks making a second-class justice system a permanent feature U.S. national security policy – a mistake that flies in the face of core American values and would undermine U.S. standing around the world.”
Most organizations stressed the fact that this was an about-face for the Obama administration. Indeed, one of the oldest human rights organizations in the United States, Human Rights Watch, called the decision a “blow to justice.” HRW Executive Director Kenneth Roth said, “The military commissions system is flawed beyond repair. By resurrecting this failed Bush administration idea, President Obama is backtracking dangerously on his reform agenda.”
The National Association of Criminal Defense Lawyers statement concentrated on the faults of the military commissions themselves, headlining their press release, “At Guantanamo, “Detainees Are Presumed Guilty”:
“Despite some cosmetic changes since the Bush-era commissions, the commission rules still permit the government to introduce secret evidence, hearsay and statements obtained through coercion,” said the association’s Executive Director, Norman Reimer. “NACDL maintains that the rules and procedures for these commission trials raise serious questions about the government’s commitment to constitutional principles upon which our country was founded. “
Anthony Romero, Executive Director of the ACLU, echoed this today when he called the military commissions “rife with constitutional and procedural problems,” noting the outstanding cases “are sure to be subject to continuous legal challenges and delays, and their outcomes will not be seen as legitimate.”
The Origins of the Military Commissions
CCR, HRF, HRW, and NACDL are all correct, so far as they go. It is evident to many observers that only peculiar military exigency, backed by facts, could allow for military tribunals, as the Supreme Court’s 2006 Hamden decision made clear. It is a matter of historical record that the Bush-era military commissions policy, adopted by President Barack Obama, was initially pushed by former CIA employees William Barr and David Addington, with the encouragement of former Vice President Dick Cheney, along with other “War Council” participants John Yoo, Defense Department counsel under Donald Rumsfeld, William Haynes, and Bush lawyers Alberto Gonzales and Timothy Flanigan.
At the same time the military commissions proposal was initiated, via a military order by Bush, the Bush administration was stripping detainees of Geneva Conventions protections, as well as implementing a program of torture, with Haynes soliciting the Pentagon’s Joint Personnel Recovery Agency (JPRA) as early as December 2001 for techniques used in the “exploitation” of prisoners.
In a recent article by Jason Leopold and Jeffrey Kaye, it was shown that the JPRA program that was “reverse-engineered” was Survival, Evasion, Resistance, and Escape (SERE) course SV-91, “Special Survival for Special Mission Units,” whose mission was to train U.S. military and intelligence personnel to withstand torture meant to “exploit” them for enemy purposes. Those purposes went far beyond the gathering of intelligence. As then-SERE psychologist Bruce Jessen, who was later to work as a contract psychologist and interrogator for the CIA beginning in 2002, noted in notes for SV-91 written in 1989:
“From the moment you are detained (if some kind of exploitation is your Detainer’s goal) everything your Detainer does will be contrived to bring about these factors: CONTROL, DEPENDENCY, COMPLIANCE AND COOPERATION,” Jessen wrote. “Your detainer will work to take away your sense of control. This will be done mostly by removing external control (i.e., sleep, food, communication, personal routines etc. )…Your detainer wants you to feel ‘EVERYTHING’ is dependent on him, from the smallest detail, (food, sleep, human interaction), to your release or your very life … Your detainer wants you to comply with everything he wishes. He will attempt to make everything from personal comfort to your release unavoidably connected to compliance in your mind.”
Jessen wrote that cooperation is the “end goal” of the detainer, who wants the detainee “to see that [the detainer] has ‘total’ control of you because you are completely dependent on him, and thus you must comply with his wishes. Therefore, it is absolutely inevitable that you must cooperate with him in some way (propaganda, special favors, confession, etc.).”
A former colleague of Dr. Jessen, and along with him a founder of the SV-91 SERE class, former Captain Michael Kearns told Leopold and Kaye:
“What I think is important to note, as an ex-SERE Resistance to Interrogation instructor, is the focus of Jessen’s instruction. It is exploitation, not specifically interrogation. And this is not a picayune issue, because if one were to ‘reverse-engineer’ a course on resistance to exploitation then what one would get is a plan to exploit prisoners, not interrogate them. The CIA/DoD torture program appears to have the same goals as the terrorist organizations or enemy governments for which SV-91 and other SERE courses were created to defend against: the full exploitation of the prisoner in his intelligence, propaganda, or other needs held by the detaining power, such as the recruitment of informers and double agents. Those aspects of the US detainee program have not generally been discussed as part of the torture story in the American press.”
The Stalinist governments of the USSR and East Europe used to make a great practice of show trials, one of the most famous being the trial of Hungarian Cardinal Mindszenty. Arthur Koestler’s famous book Darkness at Noon is about the show trial and confession of an “old Bolshevik” under Stalin’s regime. Such show trials still occur in many parts of the world, from China and Vietnam, to Indonesia, Burma, Iran, Pakistan, Zimbabwe, and the list could go on and on.
That list now includes the United States, where most recently, former child prisoner Omar Khadr was tried in a military commission, pleading guilty with a coerced confession, after years of torture and imprisonment in solitary confinement, his penalty phase of the military tribunal amounting to a show trial, complete with psychiatric “expert” testimony about Khadr’s supposed propensity for “terrorism.” The result? A 40-year sentence for the young man who never spent a free day as an adult, part of a staged deal with the U.S. military prosecutors, who presumably will release Khadr to Canadian authorities in a year or so, where he will continue to be imprisoned, pending any appeals there. But the penalty “trial” got a lot of press, and the U.S. was able to garner a propaganda “victory.”
Without Accountability, Whither America?
The United States is only a small step away from some kind of dictatorship. This may sound like hyperbole to some, but the lack of a clear and strong opposition to military and intelligence community institutional pressures has driven the Obama administration to the right even of the Bush administration on matters of secrecy and executive power. Proposals for “terrorist” or “national security” courts continue to be seriously considered, while the public uproar over the use of torture on prisoners has died down ever since Barack Obama told his Democratic Party followers not to “look back,” and made clear that accountability for war crimes would not happen on his watch. Meanwhile, tremendous inroads are made on privacy rights, while surveillance of private citizens, strip searches at airports, seizures of personal computers, and gathering of personal data from emails and phone calls are now everyday occurrences.
As a result, Obama has been the active creature of militarist forces within the government, and on point after point, has given way to lobbying by the military and intelligence establishments, themselves beholden to a power elite that holds the economic reins of the country, from oil to finance, in their hands. Obama’s role is most evident in his recent military actions against Libya.
The courts, too, have stepped back from their gesture towards judicial independence under Bush, with the Supreme Court ruling today that it would not hear three Guantánamo detainee cases, appeals on rejected habeas reviews regarding Fawzi Khalid Abdullah Fahad Al Odah, Ghaleb Nassar Al-Bihani and Adham Mohammed Ali Awad. While the cases concerned issues surrounding use of hearsay, other evidentiary standards, the role of international law, and the right to a meaningful challenge to detention, the Court gave no explanation for denial of cert. Courthouse News noted, by the way, that new Justice Elena Kagan “does not appear to have recused herself from consideration of two of the cases because of her prior work as U.S. Solicitor General.”
Meanwhile, some anti-torture activists are trying to pursue accountability the best they can, going after the licensure status of mental health professionals who participated in the Bush torture regime. Complaints against former Guantanamo Chief Psychologist Larry James and CIA contract interrogator James Mitchell have not gotten very far, with their cases dismissed.
Another case against former Major John Leso, a psychologist working for the DoD Behavioral Science Consultation Team at Guantanamo, who in 2002 helped write an interrogation protocol that relied in part on SERE “reverse-engineered” torture techniques, was also dismissed, but according to Raw Story, this Tuesday the Center for Justice and Accountability (CJA) and the New York Civil Liberties Union (NYCLU) will ask the New York Supreme Court to reconsider the decision of the New York State Office of Professional Discipline (OPD) not to investigate the misconduct complaint against Leso.
The issue of the military commissions must be considered in the context of its embedded existence as part of a full-scale exploitation plan upon prisoners, implemented as part of a war policy with strong imperialist ambitions, initiated by the United States in the aftermath of 9/11. The agitation for such a war preceded 9/11. The terrorist attack set lose this militarist policy, whose appurtenances — military tribunals, exploitation of prisoners, psychological warfare, secret prisons, false confessions, experimental torture programs, and unchecked executive power — threaten to end the semblance of democracy in the United States once and for all.



56 Comments

I see that Ateqah Khaki just posted something on this issue the ACLU Blog of Rights, writing:
Do you see how if you reframe this issue as not being about which system can try a terrorism case, but why military commissions are being proposed at all, then the underlying reality behind all this becomes clearer, more understandable? It’s not partisan, really, and this policy change was foreshadowed when Obama decided to carry over the military commissions themselves from the Bush years, albeit with some minor modifications.
But, Jeff, they have to rely on the military tribunals, KSM’s 183 waterboardings necessitate it… ‘Fruit of the Poisoned Tree’ and all…! 8-(
Indeed, they do go together, but the govt contends, I believe, they can make a case without the torture. They win either way, with a rebellious KSM or a docile KSM, and a court too afraid to stand up to prosecutors (even more so with a military “court”), they get their propaganda bonanza, bringing in more votes and societal consent for the war on terror abroad, with its program of political docility (some might say “idiocy”) at home.
“The aim behind all this is political: to mobilize the U.S. population for imperialist war adventures abroad, and political repression and economic austerity at home.”?
Whither America?
I’m reminded strongly here of something Chris Floyd wrote a few years ago, in September 2007…
…
Tomorrow is here. The game is over. The crisis has passed — and the patient is dead. Whatever dream you had about what America is, it isn’t that anymore. It’s gone. And not just in some abstract sense, some metaphorical or mythological sense, but down in the nitty-gritty, in the concrete realities of institutional structures and legal frameworks, of policy and process, even down to the physical nature of the landscape and the way that people live.
The Republic you wanted — and at one time might have had the power to take back — is finished. You no longer have the power to keep it; it’s not there.
[snip]
It won’t come with jackboots and book burnings, with mass rallies and fevered harangues. It won’t come with “black helicopters” or tanks on the street. It won’t come like a storm – but like a break in the weather, that sudden change of season you might feel when the wind shifts on an October evening: everything is the same, but everything has changed. Something has gone, departed from the world, and a new reality has taken its place.
As in Rome, all the old forms will still be there: legislatures, elections, campaigns – plenty of bread and circuses for the folks. But the “consent of the governed” will no longer apply; actual control of the state will have passed to a small group of nobles who rule largely for the benefit of their wealthy peers and corporate patrons.
To be sure, there will be factional conflicts among this elite, and a degree of free debate will be permitted, within limits; but no one outside the privileged circle will be allowed to govern or influence state policy. Dissidents will be marginalized – usually by “the people” themselves. Deprived of historical knowledge by an impoverished educational system designed to produce complacent consumers, not thoughtful citizens, and left ignorant of current events by a media devoted solely to profit, many will internalize the force-fed values of the ruling elite, and act accordingly. There will be little need for overt methods of control.
…
Post-Mortem America: Bush’s Year of Triumph and the Hard Way Ahead
by Chris Floyd
When I read this, Jeff, all I could picture was the courtroom they ‘tried’ Saddam in, with little flimsy white guard-rails and cobbled-together dock and benches.
Thanks for putting it together. Guess we’ll never know if Marcy were right that Holder or Obama could have talked Congress into a DoJ trial.
Tough reading, great piece by Floyd, truer now than then, even.
It put me in mind of this on Orwell and Huxley in graphic art form: comparisons, and ‘what will ruin us: what we love or what we hate?’
And by the way: I want my Soma.
http://www.juxtapoz.com/Current/huxley-vs-orwell-in-graphic-form
Hard to find a better chronicler of the political landscape than Floyd.
The attraction of these ad hoc tribunals set in a faraway Caribbean island seems to be their political utility. Politicians can claim what they want about them. They can simultaneously claim that they do or don’t provide a valid system of determining the facts and establishing their legal and personal consequences. They can be used by the weak to suggest that they are strong, by the strong to suggest that they are just, by the predatory to display their powers of retribution and pour encourager les autres.
These Gitmo-based tribunals exist outside of any American electoral district. For those they will try, they are outside of normal constitutional reach. What could be done in Leopoldville could not be done in Brussels; what passed as justice for agitators in Algiers would not have passed in Paris. These tribunals can be described as being in a physical or legal Devil’s Island or as providing an oasis of “appropriate justice”.
That they are housed in a military limbo outside the UCMJ or any other existing credible legal system is the attraction (by happy coincidence, we still refuse to acknowledge the political validity of the neighboring Castro regime). What they do not seem built to do is objectively develop facts or apply established rules of law to them.
Like our secret prisons, they are breeding grounds for hybrids that cannot ethically be created here. Like GM crops, their seeds will migrate.
[X-posted from an EW thread here].
Chris does know how to write. But this point of view goes back quite a ways. Consider this foreshadowing from C. Wright Mills’s classic book, The Power Elite (1956):
Or I could quote from Jack London’s The Iron Heel, but that might be too much for some.
Well-written piece, Jeff, with great links for research. Just one comment – the court hearing re: the New York licensing board’s refusal to investigate the complaints against Leso is tomorrow a.m. (Tuesday).
Trudy
A zealous junior prosecutor could be excused for that framing, though s/he shouldn’t be promoted until they adjust their attitude. The United States Attorney General, however, should be held to a higher standard.
His job starts with enforcing the law without fear or favor, and with instilling that goal in his team of thousands of lawyers, investigators and prosecutors. That’s the minimum. So, too, is knowing the law or knowing how to find it, in being better at arguing than anybody who works for him, and in knowing the difference between what he can say in his office, in the White House and in the courthouse.
As the most senior law officer of the United States government, however, the Attorney General’s most important job – the one he can’t delegate to his prosecutors and investigators – is summed up in a time-honored phrase: His job is to ensure that justice is done and that it is seen to be done. Those are two different objectives; Mr. Holder has failed to achieve either of them.
What that means in framing the quoted part of his speech is this. He should have said that he believes these defendants are guilty and that he intends to prove it beyond a reasonable doubt in the appropriate court of law.
What that means for his speech as a whole is that he shouldn’t have given it. He should have resigned and given another one that doesn’t so flaccidly abandon his responsibility to follow his boss down the slippery slope of political triangulation.
The impression Mr. Holder is trying mightily to leave is that he fought the good fight and lost, but that the consequence for these defendants is minimal. They will be tried by tribunals with the same or similar legal and procedural standards as a federal court. As those tribunals are presently structured, that is patently untrue.
At a minimum, Mr. Holder should have committed to substantial improvements in those legal and procedural standards so that they become the equivalent of their federal judicial counterparts. Instead, he seems to have done what any good, non-lawyer bureaucrat would do: he’s kicked the can to the DoD and pretends that it’s their problem now. That’s why if he didn’t resign before his speech, he should do so after it.
London was as direct about his politics as he was about his fiction (and his drinking).
OK so we have identified the thing in detail. Now we must state in the affirmative what we want. How about the same human rights (I fold civil rights into human rights) for everybody? How about one fair legal system for all for the defense of those rights? How about the dismantling of all institutions and structures that oppose the same human rights for all including the Pentagon, DoD and all secret programs? How about the abolition of a standing army?
IMO, it wasn’t up to Congress, Obama or DoJ at all. This was decided at the Pentagon and Langley. Not everything DoJ does is subordinated to those two, but they have the final say. That’s what we learned from the experience of the Office of Special Investigations, and the spiking of a lot of the investigations into Nazis living in the United States, because OPC, DoD, State, CIA, etc., didn’t want their agents exposed, or the programs that brought them here, as John Loftus has painstakingly documented over the years.
Thanks, I’ll fix.
That’s two excellent comments in one thread, EofH ;-)
Meanwhile, you’re absolutely right. Holder should resign. He is a disgrace. But, from a Main Justice POV, he’s just the sort of guy they like over there. Just ask Mr. Margolis.
Some interesting past headlines to ponder:
Obama Says Suu Kyi Faces ‘Show Trial,’ Demands Myanmar Free Her – Bloomberg, 5/26/09
President Obama Officially Halts GITMO Show Trials – bmaz, 1/20/09 (those were the days, eh, bmaz?)
AI says China must show trials were fair – UPI, 1/17/11
Show Trial in Pakistan – UK Guardian, 11/22/99
A Show Trial and a Show Execution [on the Saddam Hussein trial] – The Nation, 12/30/06
The trial of Ahmed Ghailani: Show trial – The Economist (!), 11/18/10
A study of the natural history of show trials would be of some interest, I think, especially since we appear to be due for a spate of them in this country.
Famous previous U.S. show trials include the Rosenbergs (even if Julius was later proved guilty), the Scottsboro Boys, Alger Hiss, the Chicago 7, the HUAC hearings, the Scopes trial, etc.
I just discovered a very interesting article by Lawrence Swaim at InFocus News, published on 3/29/11, “The American Show Trial”, on the King Homeland Security hearings.
With such a long pedigree, why shouldn’t the Obama administration get in their licks, as well? Beware, though, such tyranny is addictive.
Great piece,Jeff.
And once again, thanks for all you do .
One more important article, from my good friend/colleague, Jason Leopold, written 3/8/10 at Truthout – A Campaign Promise Dies: Obama and Military Commissions:
You act and speak like holder has any decency, dignity or morals something one needs to take a principled stand.
He’s another sickening War Criminal and his actions speak so loud that I can’t hear any of his lame excuses.
“The United States is only a small step away from some kind of dictatorship. This may sound like hyperbole to some”
“The decision is clearly driven not by the nature of the alleged offense”
That would seem to be to their advantage.
What is the US government attempting to hide concerning 911?
Strange how the government goes after J. A. and O.B.L., has yet to be indited? This entire scenario reeks with the stench of decomposing bodies.
I’m getting to the point where I can’t, in good conscience, participate in our society. Remember that this farce is being carried out in our names.
All it takes is the cancer of silence??
“The United States is only a small step away from some kind of dictatorship. This may sound like hyperbole to some”
Not to all of us. I saw it coming in the fall of 2002 when the administration started ramping up the war. We are only a short few steps from a state of emergency.
Here’s why. The people who run the United States government (and the United States for that matter)have become a tiny minority (one to two percent of the population) that has come into power as a result of unrestrained campaign financing and the subornation of the press. As anyone who is exposed to even small amounts of ‘village speak’ can see, that minority consider themselves to ‘be’ the United States. The rest of us are just furniture. As a tiny minority they feel themselves besieged, despite their unprecedented power. That fear, combined with the power, will in my opinion sooner or later result in an effective coup d’etat stripping judges of what is left of their ability to protect individual civil rights.
What is so curious about this development is that, unlike in Germany, where the goal of reaction was imposition of ‘racial’ purity and national superiority, or in Italy, where it was aimed at finding a place in the sun (Japan, also), the American reaction seems to have no stated goal beyond preserving the privileges of the rich, euphemistically labeled as the ‘American way of life.’ It is profoundly nihilistic and directionless. In a way, this is probably a good thing. It could be worse; the rich might actually want something besides money.
Manning is not free and they want show trials of J.A. and O.B.L.?
HELL NO!
Choose not to be silent. You are much better than those silent Germans who stood by and said nothing when faced with pure evil.
“Find the cost of freedom, buried the ground…..
Mother earth will swallow you, lay your body down.”
Is civil conflict inevitable in America? It will be the corporate interest, profit vs the life and liberties of Americans which have been eviscerated by said corporate interests. Protect the slave-owners??????????????????????????????????????????????????????
CSN&Y Four Way Street
I never implied that I was going to be silent about it.
Good Morning Jeff and Firedogs -
did anyone else catch Edward MacMahon (Moussaoui def atty) on MSNBC just now ?
wow. he managed to hit all points in the three minutes allotted – “torture, torture, torture” ‘had these indictments since 12/9, did nothing’”zero chance of anything approximating justice” ‘misleading to blame Congress over DoD funding with DOJ funding untouched’
not exactly news to anyone here, but still good to hear it being said on TradMed
It is what Jefferson feared….. Usurpation of constitutional checks and balances as that small minority, the corporate aristocrats and their corporate shells, lust for unending profit.
It is no different from the obstructions of the slave-owners who took America to civil war to protect their way of life! Exploiting human beings for their uncompensated energy expended, which lined the pockets of the southern aristocrats hell bend on perpetuating slavery. Those southern Aristocrats morphed into the segregationists like George Wallace. Today corporations are equal opportunity, exploiters in that lust for perpetual endless profit.
Jefferson is correct. NO wonder why the politician ignore his wisdom today!
Your comment, expanded, would make a great post. Thanks.
Jeff,
Thank you for a great post once again. Thanks for the links to Jason’s pieces too.
“…such tyranny is addictive.”
We are in the middle of an asset grab by multinational corporate profiteers who by definition have no conscience and must be socially marginalized and constrained because they will not constrain themselves (by Saifedean Ammous, Apr. 4, 2011) (the bold is my emphasis):
I plan to vote for the 2012 candidate that runs on the following campaign brand/slogan:
Let’s Look Back…
Save The Rule Of Law
In fact, those words printed front and back on a t-shirt could raise some hefty dough for a good justice-based cause.
“What no commentator has stated thus far is the plain truth that the commissions’ main purpose is to produce government propaganda, not justice.”
Puppet Obama is reneging on yet another 2008 position? Very sad, but no longer surprising.
I won’t vote for the GOP candidate, but there’s no way I’m supporting or voting for Obama in 2012, either.
I remember a candidate running last time on change and a progressive agenda. Voting for the one with the best campaign slogan isn’t the answer.
I did not vote for the hopey changey concept.
Just seeing the words in print, “Look Back,” and “Save The Rule Of Law,” would be a first that I would appreciate.
“The United States is only a small step away from some kind of dictatorship. This may sound like hyperbole to some, but the lack of a clear and strong opposition to military and intelligence community institutional pressures has driven the Obama administration to the right even of the Bush administration on matters of secrecy and executive power.”
The US is already a de facto dictatorship. The problem is that it isn’t a dictatorship of a political or military leader who can be easily identified or one in which those doing the dictating are ruling out in the open.
Our political leaders and military leaders are puppets, and the real rulers of this country are standing behind a curtain. They’re no longer just parasites feeding off a host. They’ve become parasites who are destroying the host, in this case a country, and there are no real political or military leaders left to stop them.
“They’ve become parasites who are destroying the host, in this case a country, and there are no real political or military leaders left to stop them.”
Hitler was such a parasite. Big Oil is a parasite destroying America. Big Tobacco is a parasite killing Americans and costing Americans billions of dollars in healthcare cost which Big Tobacco is responsible for, not the addicted nicotine junkie! Leveraged servitude to the corporate interests is the end game.
A civil trial would allow to much information to flow. A Gitmo trial allows whitewashing by the corporate political elite to keep America in ignorance and servitude. 58,000 Americans died predicated on a lie known as the “Gulf of Tonkin” fabrication, shortly after the assassination of JFK. Ignorance is bliss, until the gun is pointed at your head! http://en.wikipedia.org/wiki/Gulf_of_Tonkin_incident
Deja Vu Ameirca!
Excellent post, Jeff. Highly recommended. You nailed it. Holder was being disingenuous yesterday suggesting that the law passed in 2010 hamstrung the DoJ in trying KSM in the US because he failed to note that the indictment was handed down in 2009. If security was an issue why couldn’t they have flown KSM to a military base within the US and try him there using federal criminal trial procedures? We all know that the military commission procedure is a cobbled together ad hoc winging it on the fly pretense of legality that conceivably could do more harm to our system of justice than anything dreamed up by terrorists. This is a self-inflicted black eye to the Obama Administration and our criminal justice system.
Obtain confessions from political prisoners by torture thereby creating scape goats for the crime of 9/11 which was actually a false flag attack. Then bring them before a kangaroo court to establish their “guilt”.
Every time the subject of Gitmo comes up we are reminded that our government is a lying, murdering, Fascist regime. And this somehow has propaganda value?
“Most organizations stressed the fact that this was an about-face for the Obama administration”
Excuse me, but I’ve been sleeping under a rock for the last two years. Is this the first time the Obama administration has done an about-face on a key issue of Constitutional rights?
But why did Obama and Holder initially want civil trials of KSM and the others? Were they not aware at that point that 9/11 had been a false flag attack?
I think Foreign Policy (the website) may be channeling me, or I them.
http://www.foreignpolicy.com/articles/2011/04/04/is_america_addicted_to_war
No, didn’t see it. I’ll look on the site later and see if I can grab a URL for it — unless someone beats me to it ;-)
Thanks!
Well, an about-face on this issue, which as you point out, is really SOP for this administration.
I suppose they were confident that they could get a conviction. A civil trial would have some propaganda value if only domestically. I am not a lawyer but I can’t imagine that the defense would be allowed to enter “conspiracy theory” on behalf of the accused.
If Obama was a decent human being he would ask the wretches at Gitmo where they want to go and drop them off with a suitcase full of money. He would then return Gitmo to Cuba.
If Obama had a soul or a conscience he would issue an apology to the world for his complicity in the crimes of Empire. He would then announce his resignation.
Hate to interject but Laurent Gbagbo’s forces have laid down their arms and he is negotiating surrender right now. Hate to be irrelevant or something.
Pardon me, but I don’t see any grand conspiracy behind the government’s decision, it was ordained once Bushco waterboarded them. Under federal criminal procedure whether waterboarding is or is not torture is largely irrelevant, it is a coerced statement taken by government agents in violation of the Constitution. Our Supreme Court precendent requires the statement not only be suppressed but the result of any lead gained by the statement. (This is called the fruit of the poisonous tree) Having worked as a salvage crew on cases that managed to drive into this abyss, salvation is virtually impossible, unless one builds a Chinese Wall at the time the violation occurred. (This had been successfully done only twice at the time of my retirement) This is what happened to the last prosecution of a Al Qaeda conspirator for the Africa embassy bombing. The Court would not permit the person who sold him the bomb components to testify as it came from his coerced confession. Thus, none of these moral cretins can successfully be tried in federal court. I apologize as I am sure someone is expierenced enough in criminal law to explain this to y’all.
So Gbagbo will be gone. No tears, but also no real renaissance for the Ivory Coast in the offing, either. What this reminds me of is my enmity for the so-called Socialist International, which is only now getting around to expelling Gbagbo’s party (the Ivorian Popular Front), just as they previously gave legitimacy to Sadat/Mubarak’s NDP, until the masses rose up there, the SI dumping the NDP only last January. Similarly with Ben Ali’s Constitutional Democratic Rally party in Tunisia. Rigged elections are a favorite of this “Socialist” International, which also includes, btw, in the U.S., the Democratic Socialists of America, in Mexico the PRI, the Israeli Labor Party, and the Socialist Party of France.
Needless to say, this is quite a loose confederation, and makes for lots of strange bedfellows.
Khalid Sheikh Mohammed was water-boarded over 160 times. That is why they don’t want this trial to see the light of day! Water-boarding is torture, and no sought opinion from a lawyer will change that. That is exactly why a lawyer who thought the same thing was hung after the Nuremberg trials against the Nazi’s. And yes, I compare the Bush administration and their CIA to Nazi’s who should all be tried, just like the Germans.
“The terrorist attack set lose this militarist policy, whose appurtenances — military tribunals, exploitation of prisoners, psychological warfare, secret prisons, false confessions, experimental torture programs, and unchecked executive power — threaten to end the semblance of democracy in the United States once and for all.”
What’s ending isn’t “democracy,” because we never had such a thing.
What’s ending is the “semblance of democracy” – in other words, our *self-delusion.*
Which is exactly why it’s all such a gift.
The price of awakening is the end of innocence.
“That list now includes the United States,”
I think the Rosenbergs’ top the list
http://www.youtube.com/watch?v=iEBVpy7n2pw
What you say has zip with deciding what to do now. Okay, you are in charge, with KSM you can: 1) release him; 2) hold him indefinitely without trial, since you cannot win a trial due to the previous administration’s acts; or 3) you can give him a military tribunal (and hope they don’t supress the statements and the fruit)-you tell me what to do
Very good article and thread, Jeff and commenters. Thank you!