Showing posts with label Geneva Conventions. Show all posts
Showing posts with label Geneva Conventions. Show all posts

Thursday, April 30, 2009

Top Democrats Complicit In Torture Cover-Up

http://www.prisonplanet.com/top-democrats-complicit-in-torture-cover-up.html

Top Democrats Complicit In Torture Cover-Up
The Obama administration is resisting an independent inquiry into the Bush torture program because top Democrats like Pelosi were complicit in approving illegal methods
Paul Joseph Watson
Prison Planet.com
Friday, April 24, 2009

We now know why top Democrats are protecting Bush administration officials from facing an inquiry into the illegal torture program - because several of them were actually complicit in giving their approval for such methods to be used.

The White House stressed again yesterday that it would not be pursuing an investigation of key Bush administration officials, despite the manifestly provable fact that the order to torture came from the very top, which was re-affirmed with the recent release of the Senate Armed Services Committee report.

White House spokesman Robert Gibbs stated yesterday, “I think the last few days might well be evidence of why something like this would likely just become a political back and forth.”

“By (definition), an independent commission would probably not be something that I would weigh in on if Congress were to create one of those,” he told reporters, according to AFP.

Democratic Senate Majority Leader Harry Reid also said he opposed an independent torture probe, stating, “I think it would be very unwise, from my perspective, to start having commissions, boards, tribunals, until we find out what the facts are.”

In addition, upon the recent release of the torture memos, Obama’s right-hand man, chief of staff Rahm Emanuel, told ABC News that top Bush administration officials “should not be prosecuted either and that’s not the place that we go.” Obama’s statement that accompanied the release of the torture memos stated, “In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.”

Why are top Democrats so vehemently opposed to an independent inquiry into the blatantly illegal Bush torture program? This goes further than the crony self-interests of the two party monopoly - it turns out that top Democrats had foreknowledge of the torture and actually provided their unmitigated approval for the methods when presented with them by the CIA.

Despite Nancy Pelosi’s denial that Congress was informed that the CIA was illegally waterboarding detainees, the Senate committee report discovered that in 2002 Pelosi and three other members of Congress (one other Democrat and two Republicans) were given a virtual tour by the CIA of overseas detention sites and the torture tactics employed to try and make detainees talk. This was reported by the Washington Post in December 2007.

Democrats Rep. Jane Harman (D-Calif.) and Sens. Bob Graham (D-Fla.) and John D. Rockefeller IV (D-W.Va.), all held oversight roles during this period. The Post reports that the lawmakers raised “no objections” to the interrogation methods demonstrated by the CIA and that in fact, “at least two lawmakers in the room asked the CIA to push harder.”

So in summary, at least four top Democrats were aware as far back as 2002 that the CIA was using torture tactics which were illegal under the Geneva Conventions on detainees. They gave their approval for such measures and, along with Republicans, advised that even harsher torture methods be employed.

Any independent investigation into the torture scandal will most probably uncover the fact that top Democrats like Pelosi, Harman, Graham and Rockefeller were complicit in approving the torture methods used by the CIA, which would also likely make them culpable to charges on the basis of knowingly covering up the fact that illegal actions which violate both the Geneva Conventions and the U.S. Constitution were taking place.

This is why Obama, Pelosi and the rest of the Democratic elite are so resistant to prosecuting Bush officials for devising the torture program - and have made every effort to protect them - because they were in on the fun and any truly independent inquiry would expose the fact that this whole debacle was a bipartisan cover-up from the very beginning.

Friday, April 24, 2009

Obama’s First 100 Days

http://www.prisonplanet.com/obamas-first-100-days-worse-than-even-we-predicted.html

Obama’s First 100 Days: Worse Than Even We Predicted
From protecting Bush officials who ordered torture from prosecution, to maintaining and expanding the American empire, to warrantless wiretapping of American citizens, all have remained and intensified under Obama
Paul Joseph Watson
Prison Planet.com
Monday, April 20, 2009

As President Barack Obama approaches his first 100 days in office, the corporate media prepares a new round of fawning idolatry about the Obama administration’s “achievements,” yet a summary glance at what Obama has actually done in that short time with regard to expanding the Bush police state and the Neo-Con empire is worse than even we predicted.

The day after Barack Obama was elected the 44th President of the United States in November last year, we challenged Obama supporters and the administration itself to follow through on the rhetoric of “change” by starting to dismantle the architecture of the Bush police state and beginning to roll back the unwieldy morass of the American empire. Obama has done neither, and in fact his every action has been about ensuring the Bush police state remains in place, that the people who put it in place are protected from prosecution, and that the empire continues to expand.

We presented Obama and his supporters with a series of issues on which to make progress. While we did not expect Obama to accomplish much in his first few months in office, we at least challenged the new President to take the first steps in reversing eight years of what was a de facto dictatorship and plotting the course for the “change” that was so consistently promised.

We asked the following questions of an Obama presidency;

- Will Obama support Dennis Kucinich’s efforts to bring war crimes charges against Bush, Cheney and others for deceiving the country into a war or will he protect them against such charges like Nancy Pelosi has done?

In April 2008, Obama promised that as President he would ask his Attorney General to “immediately review” potential war crimes that occurred under the Bush White House. Obama or his Attorney General have done no such thing, and every noise they have made suggests that top Neo-Cons will be protected from deceiving America into a war.

Similarly we asked;

- Will Obama bring war crimes charges against Bush, Cheney and others for authorizing torture and will the torture of suspects under U.S. detention, a complete violation of both the Constitution and the Geneva Conventions, cease under an Obama administration?

As we found out last week, the answer was a resounding NO. Upon the release of the torture memos, Obama’s right-hand man, chief of staff Rahm Emanuel, told ABC News that top Bush administration officials “should not be prosecuted either and that’s not the place that we go.” In addition, Obama’s statement that accompanied the release of the torture memos stated, “In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.”

So no retribution for the people who ordered the torture, and no retribution to the people who carried it out, thus setting the precedent that future administrations are free to order torture - safe in the knowledge that they will face no consequences whatsoever.

- Will Obama withdraw American troops from Iraq and Afghanistan without sending them away again to bomb another broken-backed third world country?

The answer again is a resounding NO. Upon taking office, Obama announced that he would be sending another 17,000, and eventually perhaps as many as 30,000, extra troops to Afghanistan.

Regarding Iraq, after the “withdrawal” of U.S. troops in 19 months, a timescale that has since been put back again, “Mr. Obama plans to leave behind a “residual force” of tens of thousands of troops to continue training Iraqi security forces, hunt down foreign terrorist cells and guard American institutions,” reported the New York Times.

In terms of bombing another broken-backed third world country, Obama has beefed the U.S. military role in Pakistan beyond that pursued by the Bush administration and “expanded the covert war run by the Central Intelligence Agency inside Pakistan,” according to the New York TImes, with an increase in missile attacks by drone aircraft.

Meanwhile, Obama’s war chest demands came to a total of around $800 billion in war funds and subsidiary costs just to cover the rest of 2009.

Does any of this sound like a move towards bringing the troops home and rolling back the American empire, as Obama promised before he was elected?

- Will Obama end the warrantless secret surveillance and phone-taps of American citizens?

You’ll be shocked the learn that the answer was a resounding NO. Earlier this month, “The Obama administration formally adopted the Bush administration’s position that the courts cannot judge the legality of the National Security Agency’s (NSA’s) warrantless wiretapping program,” reported the Electronic Frontier Foundation.

“President Obama promised the American people a new era of transparency, accountability, and respect for civil liberties,” said EFF Senior Staff Attorney Kevin Bankston. “But with the Obama Justice Department continuing the Bush administration’s cover-up of the National Security Agency’s dragnet surveillance of millions of Americans, and insisting that the much-publicized warrantless wiretapping program is still a ’secret’ that cannot be reviewed by the courts, it feels like deja vu all over again.”

- Will Obama cease his support for the Bush-administration backed banker bailouts, hated by the majority of Americans, and target the real cause of the problem - the Federal Reserve - or will he continue to give taxpayers’ money to banks who are merely hoarding it all for themselves?

Obama’s zealous push for more bailouts, along with increased power for the Federal Reserve and the implementation of global regulations that will effectively end any notion of a free market was perhaps the defining issue of his first 100 days as President. Obama has vigorously promoted the same financial policies that were introduced by the Bush administration in its final few months.

- Will Obama repeal Patriot Acts I and II as well as reversing Bush’s signing statement and acknowledging the repeal of the John Warner Defense Authorization Act? Will Obama seek to continue the militarization of America and preparations for martial law through Northcom and the secret government or will he dismantle the police state that has been constructed over the last eight years by the Bush administration?

Despite initial rhetoric about reversing Bush’s infamous signing statements, Obama himself stated that he will continue to use signing statements. The Patriot Act and its additions as well as the John Warner Defense Authorization Act, both core planks of the Bush police state, remain firmly in place, with no sign of any reversal.

Regarding militarization through Northcom, weeks after Obama’s election victory it was announced that, “The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials.” Militarization of law enforcement and troops being used domestically in preparation for martial law is continuing apace under the Obama administration.

- Will Obama follow through on his rhetorical support for the second amendment or will he seek to ban guns as he did in Illinois?

Despite Obama promising that he was not interested in going after the second amendment before his election, one of his first actions was to appoint the rabidly anti-gun Eric Holder as his Attorney General. Obama has also falsely blamed the drug war crisis in Mexico on American gun shops. The leaked Obama gun ban list would make millions of Americans criminals for owning weapons such certain types of rifles or pistols. Anti-gun legislation has found its way into stimulus and other unrelated bills as pork barrel. The first steps of the Obama administration with regard to gun control have resulted in record firearm and ammunition purchases across the country.

Upon Obama’s election we made a cynical but unfortunately accurate prediction of how the much vaunted promise of “change” would actually manifest itself. The fact is that the “change” began and ended on the day Obama won the election.

- Illegal warrantless surveillance and wiretapping of American citizens will continue under Obama.

- Top Bush administration officials who ordered torture and those that carried it out will be protected from prosecution under Obama.

- Top Bush administration officials who deceived America into a war will be protected from prosecution under Obama.

- The expansion of the military empire through continued occupation of Iraq and Afghanistan and further military incursions into Pakistan will continue and expand under Obama.

- Banker bailouts, reckless spending, inflation of currency through overprinting and global regulations stifling the free market, all of which were initiated under Bush, will continue under Obama.

- The militarization of the United States and the architecture of the police state that was set up under Bush will be preserved and expanded under Obama.

- The attack on the second amendment right to bear arms will continue under Obama.

“The egregious spending will continue, government will balloon in size, American soldiers will be used as cannon fodder for more interventionist wars of the military-industrial complex, U.S. citizens will continue to have their phone calls tapped and their rights curtailed,” we forecast last year, “and the Federal Reserve will continue to rule the financial system with an iron fist while the middle class is squeezed out of existence.”

Who can deny that all those things have only intensified under the Obama administration?

The honeymoon is over - Barack Obama has proven himself to be nothing more than we predicted all along - another stooge for the global banking syndicate that has controlled every U.S. president since JFK, and nothing more than a black face on the new world order - sworn to continue and intensify the same agenda that the Bush-Clinton-Bush dynasty advanced before him.

Monday, July 2, 2007

The Misunderestimated Mr. Cheney

http://writ.news.findlaw.com/dean/20070629.html

The Misunderestimated Mr. Cheney:
The Vice President's Record of Willfully Violating the Law, And Wrongly Claiming Authority to Do So
By JOHN W. DEAN
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Friday, Jun. 29, 2007

Vice President Dick Cheney has regularly claimed that he is above the law, but until recently he has not offered any explanation of why.

In fact, it is becoming increasingly difficult to find a law that Cheney believes does apply to him, whether that law be major or minor. For example, he has claimed that most of the laws passed in the aftermath of Watergate were unconstitutional, and thus implicitly inapplicable. His office oversees signing statements claiming countless new laws will not be honored except insofar as the President's extremely narrow interpretation allows. He does not believe the War Powers Act should be honored by the President. Nor, in his view, should the President be bothered with laws like the Foreign Intelligence Surveillance Act (FISA). In fact, it appears Cheney has actively encouraged defiance of such laws by the Bush Administration.

For Cheney, the Geneva Conventions - considered among the nation's most important treaties -- are but quaint relics that can be ignored. Thus, he publicly embraced their violation when, on an Idaho talk radio program, he said he was not troubled in the slightest by our forces using "waterboarding" -- the simulated drowning of detainees to force them to talk. There are serious questions as to whether Cheney himself has also conspired to violate the War Crimes Act, which can be a capital crime.

A man who can so easily disregard the War Powers Act, FISA, the Geneva Conventions, and the War Crimes Act is merely flicking fleas when it comes to complying with laws like the Presidential Records Act, which requires him to keep records. Yet as CNN and other news organizations have reported, Cheney ordered the destruction of the visitor logs to his residence. These, of course, are presidential records the law requires him to preserve and protect. (Indeed, neighbors of the Vice President were surprised when, in the past, a truck for a document shredding service would regularly visit the Vice President's residence at the Naval Observatory.)

Most recently, the Vice President has refused to comply with Executive Order 12958, as amended by his boss, George W. Bush. These orders were issued to implement the law adopted by Congress in 1995 to clarify the classification and protection of national security information.

Most interesting in Cheney's defiance is his absolutely absurd explanation of why the law is not applicable to him or his staff.

Cheney's Explanation(s) For Defying the National Security Classification Orders

Henry Waxman, who may be the nation's most diligent and vigilant member of Congress, recently reported that Vice President Cheney claims he is exempt from the presidential orders requiring government-wide procedures to safeguard classified national security information because he is not an "entity within the executive branch." According to information provided to Chairman Waxman's Oversight committee, Cheney further claimed he was not an "agency" as set forth in the Executive Orders.

When Cheney was widely ridiculed by humorists, cartoonists, pundits, commentators and several members of Congress for his claim of not being an "entity within the executive branch," the Vice President's chief of staff and counsel David Addington responded by asserting that the Vice President is not subject to the order because he is not an "agency" as defined by the order. (Addington thus effectively dropped the claim that the Vice President is not an "entity.")

However, Addington does not cite any authority or language for his new claim that the Vice President is not an "agency." In fact, there is none. To the contrary, the order controlling national security classification states exactly the opposite of what Addington claims.

Executive Order 12958 states that the term "Agency" means any "Executive agency," as defined in the statutory language found at 5 U.S.C. 105, and it includes "any other entity within the executive branch that comes into the possession of classified information." An entity is any "body" or "unit" or "thing" within the executive branch, and to claim the Vice President's office is none of these is an insult to common sense. So is Addington's claim that the Office of Vice President is not an agency under the law.

Section 105 of Title 5 of the United States Code states that an "'Executive agency' means an … independent establishment" within the executive branch. Independent establishments are defined by Section 104 as "an establishment in the executive branch … which is not an Executive department [which are listed in Section 101, and include the Departments of State, Treasury, Justice, etc.], military department, Government corporation, or part thereof, or part of an independent establishment."

The Justice Department issued an opinion in 1994 that the Vice President was not an "agency" under the Freedom of Information Act. That opinion was largely based on the Supreme Court ruling, in Kissinger v. Reporters Comm. for Freedom of the Press, that "agency" does not cover "the President's immediate personal staff or units in the Executive Office whose sole function is to advise and assist the President."

However, the agency definition in E.O. 12985 is very different from that in the Freedom of Information Act. If, as Addington claims, E.O. 12985 was intended to exempt the Vice President's office, why did it not so state? Or, why did Bush not exempt the Vice President when he amended that order in July 2005?

Cheney's claim his office is neither an entity nor agency defies logic, but it is not surprising since he continues also to claim, with absolutely no evidence to support his claim, that Saddam Hussein was involved in 9/11 and that terrorist Abu Musab al Zarqawi set up an al Qaeda operation in Iraq.

Needless to say, Cheney's claim - or Addington's claim, since Cheney appears to be backing away from his chief of staff and counsel on this issue - raises the question of what the vice president is. Legally, the vice president has only the most limited of powers and authority, unless the president empowers him.

The Limited Role the Constitution and a Federal Statute Envision for the Vice President

The Vice President's very limited but vital roles are set forth in the Constitution. He is the next in succession to become President, should there be a vacancy or should the president suffer from mental or physical inability to serve. And he is the president of the Senate, which means he can preside over the Senate but under the Senate Rules, he cannot take part in debate, and under the Constitution, he can only vote to break a tie.

In the event of a vacancy in the office of the president, under Article II and the Twenty-Fifth Amendment, the Vice President becomes the Acting President. Also under the Twenty-Fifth Amendment, the Vice President, when acting with a majority of the Cabinet, can also declare the president is "unable to discharge the powers and duties of his office." If he so declares, then after so informing Congress, the Vice President becomes Acting President until the President notifies Congress that he is fine; if there is a dispute, the Congress resolves it.

The only other Constitutional duty of the Vice President is that set forth in Article I, Section 3, clause 4, which makes the Vice President the "President of the Senate, but [he/she] shall have no Vote, unless they be equally divided." Not since the nation's second Vice President, Thomas Jefferson, decided it was a waste of time to preside over the Senate has any Vice President done so -- other than to break ties or for ceremonial events, such as the State of the Union or the tallying of electoral college votes.

Since 1947, the Vice President has been given a number of statutory duties, when President Truman recommended, and the Congress agreed, that the Vice President should be a member of the National Security Council. This, however, is the most significant of his statutory assignments.

Thus, beyond the limited constitutional responsibilities, and the few statutory tasks, the Vice President's role comes down to whatever the President assigns him. Vice Presidents can have no role greater than the assignments given by the president -- or in the case of Dick Cheney, whatever he has been able to convince the President he can appropriately handle for him.

The Source of Cheney's Power: Influence, Not a Formal Grant of Authority

Washington insiders have long understood that Cheney's power stems from his knowledge of the way the White House and the Office of the President operate. This is knowledge he acquired as President Ford's Chief of Staff. With Bush's consent, much of the paper flow of the White House which heads up the chain of command toward the President goes through Cheney's office. In addition, Cheney's staff reaches down into the executive bureaucracy to shape the debate before it reaches the White House.

Those with whom I have spoken have serious doubt that Bush and the White House staff really knows what Cheney is doing, why he is doing it, or how he is doing it. From the outset of this administration, Cheney has been instrumental in placing people loyal to him throughout the Executive Branch. This is not to say that Bush is not "the decider," for he is, but by shaping the debate and controlling the paper flow, Cheney decides what the decider will decide.

It has long been apparent that Cheney's genius is that he lets George W. Bush get out of bed every morning actually believing he is the President. In fact, his presidency is run by the President of the Senate, for Cheney is its true center of gravity. That fact has become more apparent with every passing year of this presidency, and anyone who thinks otherwise has truly "misunderestimated" our nominal president and his vice president.
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John W. Dean, a FindLaw columnist, is a former counsel to the president.