From the sub-title used with the LATimes story over the weekend about AG Eric Holder's long-rumored, now reportedly "all but certain" plan to appoint a special prosecutor to examine torture during the Bush Adminstration:
Insiders say Atty. Gen. Eric Holder is close to naming a prosecutor to look into reports of excessive waterboarding and other unauthorized methods.
House Judiciary Committee Chairman John Conyers has called on Attorney General Eric Holder to open a criminal investigation into the misdeeds of former president George W. Bush and former vice president Richard B. Cheney.
Holder, in turn, has now called on Conyers to open impeachment proceedings against former head of the Office of Legal Council Jay Bybee, now a judge in the Ninth Circuit.
Conyers, in response, has demanded that Holder open a complete investigation of 14 different areas of criminal enterprise and appoint an independent counsel, offering a list of eight possible candidates.
Holder, in reply, has insisted that Conyers reissue all of the subpoenas his committee has failed to enforce over the past two and a half years and use the Capitol Police to enforce them at once.
In response, Conyers' office has issued a new report on the need to weed out corruption and undo politically motivated prosecutions by the U.S. Department of Justice.
This morning, the attorney general remarked at a televised press conference, "Chairman Conyers proposed five months ago to extend to 10 years the statutes of limitations on crimes allegedly committed under the previous administration. Introducing a bill might be a way to begin making that happen. Just an idea. I'm no expert."
Surprisingly, John Conyers removed a large Easter bonnet that had been disguising him, stood up in the back of the room and shouted...
And on a "lighter" note, Colbert takes a look at the report that AG Eric Holder is "on the verge of" appointing a prosecutor to look into Bush/Cheney torture, and the media's dismal coverage (hello NBC's Chuck Todd!), contending that carrying out the Rule of Law against politicians --- apparently only Republican ones --- should be avoided, because politicians would debate about it on television...
Earlier this week I wrote about the ABC "News" chuckleheads, and their laff riot over the floated idea of a torture probe, "on the verge of" being announced by AG Eric Holder. They laughed and pooh-poohed the high-larious suggestion on last Sunday's Stephanopoulous.
And now MSNBC offers another egregious example of corporate media failure --- in this case, again, "inside the beltway" corporate media failure --- in their "coverage" of such a possible investigation/prosecution. Glenn Greenwald is, as usual, a must read here beginning this way on Wednesday...
NBC's Chuck Todd --- who, remember, is billed as a reporter covering the White House, not a pundit expressing opinions --- was on MSNBC's Morning Joe on Tuesday discussing reports that Eric Holder is likely to appoint a prosecutor to investigate Bush torture crimes. Needless to say, everyone agreed without question that investigations were a ridiculous distraction from what really matters and would be terribly unfair.
As I say, Greenwald's analysis of how far off the rails such insider "journalism" has now gone; how far from what the nation's Founders intended; how completely and utterly out of touch these guys actually seem to be from the public, is a must-read. So please do.
"We pick up a suspect or we arrange for one of our partner countries to do it. Then the suspect is placed on a civilian transport to a third country where, let’s make no bones about it, they use torture. If you want a good interrogation, you send someone to Jordan. If you want them to be killed, you send them to Egypt or Syria. Either way, the US cannot be blamed as it is not doing the work." - Former CIA officer Robert Baer [PDF]
In Part I of this now-five part series, I took care to distinguish the post-9/11 application of torture techniques by the U.S. military from the role played by the CIA and demonstrated how the Bush/Cheney decision to torture predated the quasi-legal Justice Department memos. In Part II, I covered the CIA's dark beginnings, including links not only to former Nazi war criminals but to those Americans who provided financial support to Hitler's Germany, including the late Senator Prescott Bush, George W's paternal grandfather. I also demonstrated how academic studies, performed as part of the CIA's maniacal quest to crack the code of human consciousness, culminated in KUBARK, the CIA's 1963 torture manual. In Part III, I showed how the KUBARK torture techniques, applied by US-trained foreign surrogates, became an essential component of the covert dimension of a US-led corporate Empire --- a means for exerting control over populations resistant to the injustice of a system that values the obscene wealth of a few over the needs of the many.
I had intended this to be the final chapter of a Four-Part Special Series, but length, complexity and new revelations necessitate further division into Parts IV & V.
Here, I will explore the arrogant application of overseas surrogate torture through "extraordinary rendition." The direct application of KUBARK techniques to a "floating population" of "ghost detainees" at CIA black sites will be covered in Part V. In both segments, I will demonstrate how torture was applied not to protect the American people but to help produce doctored intelligence that would provide cover for imperial conquest. I will end with the disturbing yet still unresolved questions as to how many victims of the Bush/Cheney torture regime remain amongst "the disappeared;" how many of those victims are now deceased...
Following up on Saturday's NEWSWEEK scoop that Attorney General Holder "may be on the verge of" appointing a prosecutor to investigate Bush/Cheney-era torture, Digby notes how the chuckling dinosaurs of ABC News' This Week with George Stephanopoulos on Sunday snickered their way through a discussion of prosecution for torture by the Bush/Cheney regime (in our name!) as if they were wise-cracking about any old political brouhaha from inside the Beltway. (Video/transcript here, courtesy of C&L.)
Note to Stephanopoulos: How about featuring some actual journalists and bloggers who've actually been covering this issue for months (years?) before you eventually come to wonder why your show has gone the way of all the dead trees in the newspaper publishing business. Greenwald, Scahill, Wheeler, Horton all come to mind. It might bring your show up to date...or at least, up to 2006 or so.
The serious folks out there, several mentioned above, took a look at Saturday's NEWSWEEK report with the grim sobriety and analytical acumen that it deserves, while in largely shabby followups Washington Post, New York Times, and Rupert Murdoch's Wall Street Journal all seem to float anonymously sourced trial balloons, averring the notion that only low-level rogue interrogators who exceeded the boundaries of the DoJ's illegal torture justification memos would be targeted by such an investigation.
On that point, while Glenn Greenwald charges such an approach would be arguably "worse than doing nothing," as it would "actually further subvert the rule of law rather than strengthen it," he also notes:
It's worth emphasizing here that all of these reports are preliminary and from anonymous DOJ sources, so it's a bit premature to get too worked up over a prosecution approach which Holder hasn't even announced yet. Still, given how many DOJ sources went to multiple newspapers at the same time to disclose Holder's plans, it seems clear that this was a coordinated, approved effort to disseminate Holder's intentions as a "trial balloon" to gauge public reaction.
Scott Horton's reporting counters the indications from anonymous sources in the increasingly obsolete WaPo, Times, and WSJ coverage which suggests focus on only low-level agents and contractors, rather than policy makers, by reporting that his sources at DoJ indicate just the opposite [emphasis ours]...
In a long article from NEWSWEEK's Daniel Klaidman today, it's reported that U.S. Attorney General Eric Holder is weighing the appointment a special prosecutor to investigate Bush/Cheney-era torture policies, and may now be "on the verge" of finally doing so...
Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama's domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. "I hope that whatever decision I make would not have a negative impact on the president's agenda," he says. "But that can't be a part of my decision."
The detailed story explores the tensions between the White House and an independent AG --- a tension that is ever present in any WH/DoJ relationship --- and how Holder seems to be fighting to maintain that independence, while remaining in good stead with the White House where, it seems, Rahm Emmanuel may be the one calling the shots in Obama's ill-considered (or, at least, politically-considered) "look forward not back" policy...
"The thing I have to watch out for is the desire to be a team player," [Holder] says, well aware that he's on the verge of becoming something else entirely.
The report goes on to note that Holder began reviewing the former administration's torture policies "in April," and "became increasingly troubled" as he did.
To connect a dot or two here, that would be around the same time --- April 24th of this year --- when Holder told anti-torture protesters, off mic, after a Congressional hearing at which he testified, that they would "be proud of [their] country" in response to their demands for investigation and prosecution of those policies.
Though we noted what protester David Swanson had reported as a "promise" at the time, few others took any notice of what we'd regarded as a very positive, if quiet, sign that he had intended to do the right thing here...
Several weeks ago, VelvetRevolution.us, in coalition with a number of other accountability groups, filed bar disbarment complaints against 12 different Bush Administration attorneys in four states and the District of Columbia in regard to their approval of banned torture techniques used during detainee interrogations.
In a press conference today we (Disclosure: The BRAD BLOG is co-founder of VR) added two more to that list, both top CIA attorneys who continue to serve at the agency under the Obama Administration.
A grassroots coalition will file complaints today with the Washington, D.C. bar against two Central Intelligence Agency lawyers for their involvement in authorizing the use of controversial interrogation techniques against detainees in US custody.
Velvet Revolution, a coalition of over 150 grassroots groups, will register complaints against CIA lawyers Jonathan M. Fredman and John A. Rizzo. Fredmen, who is currently counsel for the Office of the Director of National Intelligence, served as the Associate General counsel for the CIA from 2001-2004. Rizzo is the current Acting General Counsel for the CIA but is retiring this month. His nomination to become full General Counsel has been held up for years over his alleged role in enabling the CIA’s controversial interrogation program.
DC lawyer and activist Kevin Zeese, along with a former Reagan administration Associate Attorney General Bruce Fein, held a press conference this morning at the National Press Club in which they discussed the complaints they will be filing later today.
“We call for dismissal of two torture architects still working in the Obama administration,” said Zeese. “The United States must face the reality of the extent of the torture program under the Bush-Cheney administration. War crimes were committed. The toxic poison of torture will not be removed from the body politic unless the rule of law is applied.”
Please see Alexandrovna's coverage today for details of revelations discussed at the presser this morning (eg. the "crucifixion" of a detainee who "died from asphyxiation after having been hung by his arms, in a hood, and suffering broken ribs" and details on, and links to, the new complaints against Rizzo and Fredman, both of whom still serve in the CIA today, incredibly enough).
More information on the campaign, including all of the complaints filed, is available at VR's DisbarTortureLawyers.com campaign. A quick video of Zeese's announcement, summarizing the complaints after today's press conference follows below...
Remember, these are 'the worst of the worst,' right?
Mohammed El-Gharani, the youngest prisoner at Gitmo, just 14 when he was captured in 2001, is finally being "freed five months after a U.S. federal judge ordered him released having reviewed the evidence against him and ruled that there was nothing to suggest he was ever an 'enemy combatant.'" El-Gharani has never been charged.
Andy Worthington, the man who literally wrote the book on the Guantanamo travesties, offers the sad background on the breaking news of the release of “Guantánamo’s Forgotten Child,” including details of alleged abuse such as being hanged by his wrists, and scissors held to his penis with threats of cutting it off. But we're supposed to look forward, not back, right?...
"George Tiller’s clinic will close in the wake of the Wichita abortion provider’s shooting death, lawyers for the Tiller family said today," the Wichita Eagle is reporting. "Lee Thompson and Dan Monnat, the family’s lawyers, said in a statement that the clinic, Women’s Health Care Services, will be permanently closed, effective immediately."
Waytago anti-choice terrorists! You're winning!
Even Tiller's accused murderer, Scott Roeder is celebrating, telling CNN that closure is "a victory"!
On Sunday, the assassin of the man Bill O'Reilly repeatedly described as "Tiller the Baby Killer," told AP "there are many other similar events planned around the country," prompting Keith Olbermann to wonder, appropriately: "Why is the far right not calling for him to be waterboarded to tell us against whom the next gun or bomb will be directed?"
Good question, though Dick Cheney could not be reached for comment.
The faux Republican outrage over Nancy Pelosi's perceived slight, in charging that CIA briefers directly misled Congress, has been amusing to watch. Even as the Democrats' seeming inability to either defend her, or fear of sinking into the same phony political sandtrap, is disappointing. But Democrats seem to excel at disappointment these days, so that part of the ginned-up story is hardly surprising.
The GOP hypocrisy in charging that Pelosi has somehow hurt the morale of The Agency in the bargain (and, as bonus, that Obama's release of the Bush Torture Memos has endangered CIA operatives) has been all the more amusing to witness, in their complete and entire selective amnesia of their party's own 100%, unqualified support of a White House which, for the first time in the history of this nation, had publicly outed the identity of a covert CIA operative. In unapologetically exposing Valerie Plame-Wilson, and completely destroying her entire, crucial network monitoring the trafficking of WMD in the Middle East along with it, untold damage was brought not only to CIA operatives risking their lives in the defense of this nation, but also to the national security of the nation itself, which was significantly blinded in the Middle East --- and on the issue of WMDs, of all things --- at a time when we were theoretically going to war there, over that very issue. Yet, the Republicans chose to side with the criminals in treason, over the "morale" or "effectiveness" of The Agency in their shortsighted and inexcusable politicization of the matter.
It doesn't get much more absurd than all of that...unless you add to it the Democrats' near-complete incapacity to take on, and tear down, the opportunistic Republicans on their own, absurdist argument in phony defense of the CIA of late.
Ernie Canning, here at The BRAD BLOG, has been documenting the CIA's rich, and often ugly, 50-year history in the use of torture, and other illegalities, as a direct tactic to control foreign populations in the march towards the growth of U.S. Empire in the twentieth, and now twenty-first, century, well-prior to the Bush Administration's claims of the necessity for so-called "Enhanced Interrogation Techniques" in the post-9/11 era. Canning's third, and latest chapter in his exclusive four-part series was published here last week.
But more germane, for the moment, to the continuing, cynical, and disingenuous Republican "outrage" over Pelosi's charges that the CIA misled Congress during classified briefings --- as happily amplified by the corporate broadcast media on all of the Sunday News Shows today --- is 42-year CIA veteran Melvin A. Goodman's brief summary of the CIA's rich history in bamboozling Congress published over at The Public Record. As with the use of torture by the CIA, no, The Agency's lies to Congress did not begin in the post-9/11 period, but they certainly reached a high-point (or low-point, depending on your perspective) during that period which the GOP has now chosen for their fully-politicized, hoped-for distraction, in targeting the current Democratic Speaker of the House.
Goodman's summary is worth a quick review --- particularly by Democrats who seem to be caught flat-footed, yet again, in having a clue about how to dismantle, and defang this latest absurd strawman argument mustered by a party with no tools left in their toolbox, other than a fully-compliant corporate media, and a startlingly-inept opposition party.
"In politics we presume that everyone who knows how to get votes knows how to administer a city or a state. When we are ill...we do not ask for the handsomest physician, or the most eloquent one." --- Plato
During the campaign, amid their state of elation, many disregarded Presidential Candidate Senator Barack Obama's past record and took any criticism of these past actions as partisan attacks deserving equally partisan counterattacks. Some continued their reluctant support after candidate Obama became grand finalist and prayed for the best. And a few still continue their rationalizing and defense, with illogical excuses such as 'He's been in office for only 20 days, give the man a break!' and 'He's had only 50 days in office, give him a chance!' and currently, 'be reasonable - how much can a man do in 120 days?!' I am going to give this logic, or lack of, a slight spicing of reason, then, turn it around, and present it as: If 'the man' can do this much astounding damage, whether to our civil liberties, or to our notion of democracy, or to government integrity, in 'only' 120 days, may God help us with the next [(4 X 365) - 120] days.
I know there are those who have been tackling President Obama's changes on change; they have been challenging his flipping, or rather flopping, on issues central to getting him elected. While some have been covering the changes comprehensively, others have been running right and left like headless chickens in the field - pick one hypocrisy, scream a bit, then move on to the next outrageous flop, the same, and then to the next, basically, looking and treating this entire mosaic one piece at a time.
Despite all the promises Mr. Obama made during his campaign, especially on those issues that were absolutely central to those whose support he garnered, so far the President of Change has followed in the footsteps of his predecessor. Not only that, his administration has made it clear that they intend to continue this trend. Some call it a major betrayal. Can we go so far as to call it a 'swindling of the voters'?
On the State Secrets Privilege
Yes, I am going to begin with the issue of State Secrets Privilege; because I was the first recipient of this 'privilege' during the now gone Administration;
Chicago radio host Erich "Mancow" Muller decided he'd get himself waterboarded to prove the technique wasn't torture.
It didn't turn out that way. "Mancow," in fact, lasted just six or seven seconds before crying foul. Apparently, the experience went pretty badly --- "Witnesses said Muller thrashed on the table, and even instantly threw the toy cow he was holding as his emergency tool to signify when he wanted the experiment to stop," according to NBC Chicago.
"I wanted to prove it wasn't torture," Mancow said. "They cut off our heads, we put water on their face...I got voted to do this but I really thought 'I'm going to laugh this off.' "
The upshot? "It is way worse than I thought it would be, and that's no joke," Mancow told listeners. "It is such an odd feeling to have water poured down your nose with your head back...It was instantaneous...and I don't want to say this: absolutely torture."
So far, it's been almost a full month since Fox "News"/ABC Radio propagandist Sean Hannity volunteered to be waterboarded for charity, claiming it was not torture. Despite MSNBC's Keith Olbermann offering $1000 for the troops, for every second Hannity lasts, the cowardly wingnut torture apologists has failed to revisit the topic since his original act of phony bravado.
See "Mancow" being waterboarded, and then commenting on it, in the two very short videos below. And remember, unlike the detainees that we tortured, he was not being waterboarded by hostile folks, and was able to call it off at any time, on his own...
* * *
On a related topic... I was on San Francisco's usually very rightwing radio station KGO last night, with the progressive Christine Craft sitting in as late-night host. Lots of similarly cowardly wingnuts called in to inform us that waterboarding isn't torture at all. Here's the audio. Enjoy.
Last night on Countdown, Olbermann announced that he was rescinding the offer to Hannity, and instead giving $10,000 to charity following radio host Erich “Mancow” Muller’s waterboarding attempt. Olbermann promised to donate to the charity Veterans of Valor, founded by Sgt. Klay South, who administered the waterboarding to Muller. Olbermann revealed that Mancow’s publicist had contacted Olbermann’s show yesterday to see whether Olbermann would make a similar offer to Mancow as he did for Hannity:
OLBERMANN: Mancow Muller had the guts to put his mouth where his mouth was, and the guts to admit he was dead wrong. As you saw, he not only said it is torture, but that he had nearly drowned as a boy, and it is drowning, and that he would have admitted to anything to make it stop.
So the offer to the coward Hannity — a thousand dollars a second he lasted on the waterboard — is withdrawn.
And to Mr. Muller, whose station’s publicity person contacted us yesterday saying she’d heard I’d offered ten thousand dollars to anybody who would do what he did –
You got it. Ten thousand dollars to the military-families charity of the man who did the waterboarding, Veterans Of Valor. [...]
As to Hannity, you are now unnecessary.
UPDATE 5/29/09: Olbermann interviews Mancow after his waterboarding. Video follows below. Here's a bit of the transcript...
"The widespread abuse of prisoners is a virtually foolproof indication that politicians are trying to impose a system --- whether political, religious or economic --- that is rejected by large numbers of people they are ruling. Just as ecologists define ecosystems by the presence of certain 'indicator species'..., torture is an indicator species of a regime that is engaged in a deeply anti-democratic project, even if that regime happens to have come to power through elections." - Naomi Klein, The Shock Doctrine (2007)
In Part I of this five-part series, I took care to distinguish the post-9/11 application of torture techniques by the U.S. military from the role played by the CIA and demonstrated how the Bush/Cheney decision to torture predated the quasi-legal Justice Department memos. In Part II, I covered the CIA's dark beginnings, including links not only to former Nazi war criminals but to those Americans who provided financial support to Hitler's Germany, including the late Senator Prescott Bush, George W's paternal grandfather. I also demonstrated how academic studies, performed as part of the CIA's maniacal quest to crack the code of human consciousness, culminated in KUBARK, the CIA's 1963 torture manual.
Here, we will explore how those KUBARK torture techniques became an essential component of the covert dimension of a US-led corporate Empire --- a means for exerting control over populations resistant to the injustice of a system that values the obscene wealth of a few over the needs of the many...
Today, VelvetRevolution.us announced our new campaign calling for the disbarment of 12 of the Bush-era torture lawyers in four states and the District of Columbia. The campaign, whose VR homepage is at DisbarTortureLawyers.com (where you can sign on yourself, read the complaints, etc.), calls for action to be taken by the state bar associations to revoke the law licenses of attorneys John Ashcroft, Alberto Gonzales, Michael Mukasey, Michael Chertoff, John Yoo, Jay Bybee, Stephen Bradbury, Douglas Feith, David Addington, William Hayens, and Timothy Flanigan in NY, CA, TX, PA and D.C., following their exceedingly irresponsible and inappropriately liberal interpretation of U.S. law.
My colleague Kevin Zeese, an attorney himself, as well as executive director of VotersForPeace.us and a board member at VR, signed the complaints delivered to the appropriate boards for all 12 Bush attorneys. He announced the launch of the initiative at a press conference in D.C. this morning. His published statement, released today with the press conference, is posted in full here.
So far, the coverage in the corporate mainstream media today has been surprisingly decent and fairly widespread. We've seen reports from NY Times, CNN, LA Times, WaPo, Bloomberg, AP and others.
AP's coverage has been interesting, and instructive, to watch. When they first reported on the initiative early today, the lede on their story was [emphasis mine]:
WASHINGTON (AP) — Two outside groups want Bush administration lawyers linked to memos on harsh interrogation techniques of detainees to lose their licenses to practice law.
Their updated version, which included a few more details, but the same headline, "Complaint seeks disbarment of Bush lawyers," had this as its lede [emphasis mine]:
WASHINGTON (AP) — A coalition of liberal groups filed petitions Monday seeking disbarment of Bush administration attorneys linked to memos on harsh interrogation techniques of detainees.
Not sure what makes calling for a strict, conservative interpretation of the Rule of Law, versus the wildly liberal interpretations of the Bush Administration (and that's putting it mildly), a "liberal" cause, but that's what I guess we must come to accept from the news organization --- sorry, let me update that --- rightwing house organ that AP has become.
UPDATE: As I've been asked by a number of media folks for a comment on today's initiative, as co-founder of VR, I've been happy to offer them this statement:
"The wildly liberal interpretations of the rule of law by the Bush administration attorneys, in order to justify their torture schemes, should be offensive to the core, to anyone who believes in a strict, conservative interpretation of decades of established U.S. law on the matter, including treaties signed, on behalf of the U.S., by such conservatives as Ronald Reagan."
UPDATE 5/19/09, 8:44pm PT: AP's short video coverage of Kevin Zeese at the presser yesterday is here. But a more complete version of his statement follows below. Also, a big congrats to our Kevin for being honored with the prestigious BuzzFlash "Wings of Justice" award today for his tremendous effort on this campaign!