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By Winter Patriot on 1/25/2005 9:04PM  
Tortured POWs Win Judgement Against Iraq; Justice Department Seeks To Overturn It!

Guest blogged by Winter Patriot

If you needed any further proof that the American government doesn't give a damn about its soldiers, here's a story to make you cry ... again! It looks like our Justice Department has fallen so deeply in love with torture, that in their view, it's not only OK for our guys to torture their guys, but it's also OK for their guys to torture our guys!

I quote the following passages from an article written by John Norton Moore, published by Slate, and headlined: Abuse of Trust: The POW scandal you haven't yet heard about.

Moore writes:

This nation has a special responsibility to prevent the torture of Americans held as prisoners of war. Our POWs have been brutally tortured at command direction in war after war, including the Korean, Vietnam, and most recently, the Gulf War; and it's clear that we need to do whatever we can to break this pattern. Yet when 17 of our tortured Gulf War POWs and 37 of their family members said "enough" and joined together to bring a historic civil action to hold their Iraqi torturers liable, they were shocked — having won their case in federal court — to find the Department of Justice seeking to erase their judgment and "absolve" their torturers.

Moore details the horrific treatment suffered by Americans who were held prisoner in Iraq during George Herbert Walker Bush's 'excellent Iraqi adventure', and describes their efforts to hold the Iraqi government accountable. These efforts culminated in a lawsuit against the Iraqi government, which the POWs won. But then something very strange happened...

Historically the United States has been a world leader in seeking to prevent torture. Today, along with most nations, it is bound by the Third Geneva Convention for the Protection of POWs. That convention bans all torture and inhumane treatment of POWs and, as a core enforcement mechanism, provides in Article 131 that no state may "absolve" a torturing state of "any liability" for their torture. This provision is particularly aimed at holding the state itself liable and banning any removal of that liability at the conclusion of a war.

Sadly, along came the Abu Ghraib scandal, setting aside this historic tradition and the professional judgment of our military JAG officers and State Department experts. As is now well known, one effect of the abuse scandal was to undermine deterrence against the torture of American POWs in future wars (this, along with its catastrophic political cost to the Iraq war effort and, more broadly, to our nation's reputation). But, in a perfect storm of bad news for future American POWs, while the now infamous abuse decisions were still policy, the Justice Department went into court to erase the POWs' judgment and its message of liability for torture.

This incredible situation may be reversed on appeal, if the Supreme Court decides to hear the case, and if it rules in favor of the POWs. But what is the likelihood of the Supreme Court ruling against the Justice Department? And...

If the [...] decision stands [...], the consequences will be catastrophic. Future tyrants will hear the message, like a fire bell in the night, that the United States has little concern for its own POWs. Morale will decline in our armed forces as the reality sinks in that our government has sided with their torturers over them. A core enforcement mechanism of the POW convention, as well as our reliability as a treaty partner, will be undermined by our remarkable decision to "absolve" a torturing state in violation of the convention.

So there you have it. Our Justice Department won't even let the Geneva Convention protect our own troops! But at least they can't be accused of using double-standards! They don't want the Geneva Convention to protect anybody!!

Oh yeah! Freedom and Liberty are definitely On The March ... in the Land of the Formerly Free, and the Home of the Utterly Depraved!

Buzz this story!


READER COMMENTS ON
"Supporting Our Troops"
(25 Responses so far...)

COMMENT #1 [Permalink]
... Peg C said on 1/25/2005 @ 9:29 pm PT...


Excellent post, Winter Patriot. But you'll have to excuse me from commenting further at the moment. I need some time out to scream, wail, and throw up...


COMMENT #2 [Permalink]
... pushcat said on 1/25/2005 @ 9:29 pm PT...


Just got through reading Abuse of Trust. It would seem to me that the Department of Justice already already knew of plans for our troops to abuse Iraqi prisoners. Otherwise why would they fight this lawsuit. If our former prisoners of war that were abused in Iraq were to collect on the lawsuit it would stand to reason that the Iraqi's who were abused at Abu Ghraib would be elgible for the same. Sounds like the Department of Justice already knew what was going to happen.


COMMENT #3 [Permalink]
... pushcat said on 1/25/2005 @ 9:33 pm PT...


To go a bit farther of my previous post. I don't believe the 100 million settlement costing the provisional government of Iraq is what its all about. What it could potentially cost the US government is probably closer to the answer.


COMMENT #4 [Permalink]
... Teresa said on 1/26/2005 @ 3:56 am PT...


Disgusting. Beyond words.


COMMENT #5 [Permalink]
... LGM said on 1/26/2005 @ 5:30 am PT...


The Geneva Convention is "quaint" if you recall. In fact, torture and cruel and unusual punishment goes on all the time, right here in our own civillian prisons and jails. Jessica Mitford wrote about it in her classic work, Cruel and Usual Punishment. Psychologist Phillip Zimbardo's study in the 1970's showed how this is part of the dehumanizing process of captivity and any otherwise decent person is subject to engage in it. And Hannah Arendt wrote about the "banality of evil" in her writings on Eichmann in Jerusalem. Torture and the like have always been with us. It wasn't so long ago that it was part of Church doctrine. The Geneva Convention served as a moral and ethical goal post to strive for. They have not just moved the goal post, they have removed it altogether. Realism and pragmatism have a dark side, like anything else.


COMMENT #6 [Permalink]
... cheryl said on 1/26/2005 @ 6:16 am PT...


Here's a man whose eyes have been opened:

http://abcnews.go.com/In...onal/wireStory?id=440046


COMMENT #7 [Permalink]
... cheryl said on 1/26/2005 @ 6:20 am PT...


Torture out, "Cruel, inhuman" treatment ok:

http://www.realcities.co...rwashington/10732654.htm


COMMENT #8 [Permalink]
... cheryl said on 1/26/2005 @ 6:23 am PT...


Oops, sorry. Not awake yet. Posted #6 on wrong thread.


COMMENT #9 [Permalink]
... Dredd said on 1/26/2005 @ 7:45 am PT...


Good eye Winter Patriot.

This shows some of the long term plans of the fascist regime.

First, fascist DOJ lawyer Bybee wrote torture memos. Gonzales supported and nurtured him.

Then fascist Bybee was appointed to the 9th Circuit Court of Appeals. This is part of a long term plan to make the 9th Circuit fascist.

It has been a court against government wrongs and is a thorn in the flesh of the admin for years. It was the first to hold that the writ of habeas corpus could apply to Gitmo detainees. The right wing of the supremes reversed their decision.

It is well known history in the legal community that the right wing arm of the Supreme Court favors reversing 9th circuit decisions more than any other circuit. The general rule is that if the supremes grant certiorari on a 9th circuit case they will reverse the 9th circuit's decision.

In the context of what is going on, the Acree case seems like a conflict of interest to me.

Remember that the DOJ authored torture memos which White House fascist Gonzales nurtured.

Any suit awarding damages for torture is potential precedent against them. Herein lies the conflict.

Not only that, it paves the way for lawsuits pending or in early phases against the DOJ et. al. concerning GITMO and Abu Ghraib.

The decision points out that the US DOJ was not even involved until judgment had already been entered. They asked to get involved after the fact.

The judge declined to allow them to intervene. The DC Court said that was an abuse of discretion, and the DOJ should have been allowed to intervene.

I wonder if the DOJ knew that an invasion was coming and the assets would become, in effect, part of the US's goodies?

In essence a decision against Iraq was considered by the DOJ to be a decision against them perhaps?

Like Bob Dylan says, "There's so much oppression, can't keep track of it anymore".


COMMENT #10 [Permalink]
... Freebird said on 1/26/2005 @ 8:16 am PT...


Good post/comments!

There is a deliberate foreign policy agenda which this is all part of...to seperate the United States Government from all international accords and agreements. Nuclear Proliferation, International Criminal Court, Geneva Conventions, Nuremburg War Crimes Standards, United Nations, Kyote Accords, and the like stand in the way of creating a global corrupt corporate police state. A CRAMPS agenda being established in America for our country to be used as the corporate military industrial police state headquarters to protect corporate globalization and its planned ongoing exploitation of the human and natural resources of the world.

Iraq is an international war crime. Crimes against humanity in Colombia. Expanding corporate police prison camps in Cuba and elsewhere. We are all on the slippery slope toward fascism that may be necessary for corporate royalty to try and cling to power. If the natives get restless here at home, Homeland Security, the Patriot Act, domestic military and intelligence operations, FEMA, the corporate media, and the White House are all making plans to deal with us and protect the corporate homeland.

If things really get out of hand, the government has the FEAR FACTOR, just like the Republican NBC TV show of the same name. Create a catastrophic event within America in order to insure Americans remain subservient compliant afraid and insecure loyal corporate subjects. Another 9/11 or worse!

This government knew it was going to commit war crimes, knew Iraq had no WMD's, knew it would round up people into a global detention limbo, and knew it would torture. Our government is under the control of war criminals. traitors, and mass murderers. We need to stop reacting and start acting!

Time to replace the corporate government with a people's government!

Viva la Revolucion!

Freebird :-)


COMMENT #11 [Permalink]
... Nana said on 1/26/2005 @ 8:23 am PT...


Yeah, but we can make it up to them when they come home "Homeless War Vets Don't Know Where to Turn" MSNBC News Headlines


COMMENT #12 [Permalink]
... Nana said on 1/26/2005 @ 8:45 am PT...


PS #11 I n all fairness, our Vet. Hospital (WPB) has been wonderfull and comprehensive in the care of my son. No complaints. However, he would have been homeless , if not for family.


COMMENT #13 [Permalink]
... Dredd said on 1/26/2005 @ 9:21 am PT...


Check this quote:

This so-called ill treatment and torture in detention centers, stories of which were spread everywhere among the people, and later by the prisoners who were freed… were not, as some assumed, inflicted methodically, but were excesses committed by individual prison guards, their deputies, and men who laid violent hands on the detainees.

Sounds like if was by the DOJ ... here is the NAZI source who was talking about the holocaust.


COMMENT #14 [Permalink]
... Robert Lockwood Mills said on 1/26/2005 @ 10:56 am PT...


John McCain and others with personal experience have said all along that torture of detainees isn't only a violation of the Geneva Convention, but will lead to our own soldiers being tortured as prisoners.

The Bush administration is willing to jeopardize the safety of our soldiers, now and in the future, by adopting its own definition of torture and applying it not only to terrorists, but anyone held as a material witness during a search for actual terrorists.

In answer to a previous poster, who asked what the tipping point for the Bush administration would be: I'd say it's whenever a majority of our soldiers in Iraq decides it's no longer worth it. I believe the figure is now at 40%, so we're getting there.


COMMENT #15 [Permalink]
... sheila weaver said on 1/26/2005 @ 11:45 am PT...


Yes,one day our soldiers will say enough is enough,and will start wanting to come home,we must do our part to help them get here.Rice was confirmed today,you can get a list of the senators and reps,that voted for her,I got a list of all the senators and house reps,I have emailed some of the senators,shaming them for passing her and I will email the ones that voted against her,thanking them.Everyone should email them,raise hell with them,plan on replacing them in 2006 and tell them so.Our voices can and will make a difference.


COMMENT #16 [Permalink]
... Freebird said on 1/26/2005 @ 11:58 am PT...


I see George Bush came out himself today to give a damage control spin to the 35 dead American soldiers...parroting his inaugural speech about freedom, saying if we don't bring it to the Middle East it will become a haven for terrorism. Ha! And I wonder just whose oil and gas policies are responsible for it becoming exactly that George? This man needs to give his speeches to a mirror!


COMMENT #17 [Permalink]
... Teresa said on 1/26/2005 @ 12:21 pm PT...


Oh, he's back on Terror, now!
I thought he had moved on to tyranny.

They ARE free. They're free to throw the greedy, thieving, murdering, invading oil and gas bastard terrorists out of their goddamned country!!!


COMMENT #18 [Permalink]
... Teresa said on 1/26/2005 @ 12:32 pm PT...


The torture problem runs deep. It is entirely outside of political jurisdiction and has been going on through our entire history. It's just more in the news now.

I don't know what the gain is in it. I thought that the best way to extract information from prisoners was by getting them into the jailor's confidence.

I was so disturbed by the Winter Soldier testimony from Viet Nam, that it always haunts me. I would like to know just what it is that makes a person able to commit these acts. It's as if just killing in war isn't quite enough.


COMMENT #19 [Permalink]
... cheryl said on 1/26/2005 @ 7:04 pm PT...


Further to my link at #6
US citizen Roy Hallams: "I have been arrested by a resistance group in Iraq," the bearded, middle-aged man dressed in civilian clothes, says on the tape. Its authenticity could not be verified.

“I'm asking for help because my life is in danger because it's been proved that I work for American forces……

I'm not asking for any help from President Bush because I know of his selfishness and unconcern to those who've been pushed into this hellhole," he says.

"I am asking for help from Arab rulers, especially (Libyan) President Muammar Gaddafi, because he is known for helping those who are suffering. I am also asking Arab leaders to help me in this situation so that I can be released as quickly as possible from this definite death."

link

Guess who’s helping and if your guess is Dumbya you’d be wrong.


COMMENT #20 [Permalink]
... pushcat said on 1/26/2005 @ 9:21 pm PT...


Cheryl--Thanks for all the great links, and helping us stay informed.


COMMENT #21 [Permalink]
... cheryl said on 1/26/2005 @ 9:41 pm PT...


You're welcome Pushcat. I've just been bursting with stuff to share because I've been keeping all to myself for a while. It's nice to find people that want to talk about this stuff.


COMMENT #22 [Permalink]
... Dredd said on 1/27/2005 @ 11:15 am PT...


Sheila #15, good for you.


COMMENT #23 [Permalink]
... sheila weaver said on 1/27/2005 @ 12:09 pm PT...


Dredd,thanks,I spent all afternoon yesterday telling the Senators off that voted for Rice,and spent a good hour this morning thanking the ones that did not vote for her,its important that we tell them what we think.I finally got to watch Freinheit 911,it sure opened my eyes to some things I did not know.Every one that voted for Bush should watch it,I bought my own copy and I am spreading it around.


COMMENT #24 [Permalink]
... Peggy said on 1/27/2005 @ 8:34 pm PT...


I'm still reading all your comments. Keep up the fighting spirit. Keep sending supporting letters to those elected officials who really know the difference between right from wrong, and lambast and vote out those who don't.


COMMENT #25 [Permalink]
... Miles said on 2/15/2005 @ 4:47 pm PT...


I wonder if the case would have gotten even this far had it not been for the “trial lawyers” representing the former POWs. It clearly wasn’t the U.S. Attorney General who brought the case on their behalf. Indeed, for all the AG has done for them, they may as well have simply relied upon a polite note to Sadam seeking redress!

For all the ridicule some people throw at trial lawyers, I'd rather have a trial lawyer on my side than a toll-free 800 number.


-=- Comments on this item are now closed. -=-


-->
VotersUnite.org's Daily Voting News 'Daily Voting News'
for July 2-3, 2009

by Ellen Theisen

Co-Editors: Dave Klein and John Washburn

While the goals of the U.S. and the Philippines seem to be the same regarding elections --- fair and fraud-free, their methods are diametrically opposed. The Philippines is desperate to get away from paper ballots and automate their elections, and the U.S., having been there done that, is heading in the opposite direction.

Happy Independence Day! We're taking the weekend off....

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