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February 9, 2007

Mistrial at Court Martial: Watada Beats the Government

When the Army judge declared a mistrial over defense objection in 1st Lt. Ehren Watada’s court martial, he probably didn’t realize jeopardy attached. That means that under the Double Jeopardy Clause of the Constitution, the government cannot retry Lt. Watada on the same charges of missing movement and conduct unbecoming an officer.

Lt. Watada is the first commissioned officer to publicly refuse orders to deploy to Iraq. He claimed those orders were unlawful because the war is illegal and he would be an accomplice to war crimes if he followed them.

The judge refused to allow me and others to testify as expert defense witnesses on the illegality of the Iraq war and the war crimes the Bush administration is committing there.

The Uniform Code of Military Justice sets forth the duty of military personnel to obey only lawful commands. Article 92 says: “A general order or regulation is lawful unless it is contrary to the Constitution, the law of the United States “

Lt. Watada said at a June 6, 2006 press conference in Tacoma, Washington, “The war in Iraq is in fact illegal. It is my obligation and my duty to refuse any orders to participate in this war.” He stated, “An order to take part in an illegal war is unlawful in itself. So my obligation is not to follow the order to go to Iraq.”

Citing “deception and manipulation and willful misconduct by the highest levels of my chain of command,” Lt. Watada declared there is “no greater betrayal to the American people” than the Iraq war.

The “turning point” for Lt. Watada came when he “saw the pain and suffering of so many soldiers and their families, and innocent Iraqis.” He said, “I best serve my soldiers by speaking out against unlawful orders of the highest levels of my chain of command, and making sure our leaders are held accountable.” Lt. Watada felt he “had the obligation to step up and do whatever it takes,” even if that means facing court martial and imprisonment.

Lt. Watada did face court martial, and four years in prison, until the judge declared a mistrial.

This is what I would have said had I been allowed to testify at Lt. Watada’s court martial:

The United States is committing a crime against the peace, war crimes, and crimes against humanity in Iraq.

A war of aggression, prosecuted in violation of international treaties, is a crime against the peace. The war in Iraq violates the Charter of the United Nations, which prohibits the use of force. There are only two exceptions to that prohibition: self-defense and approval by the Security Council. A pre-emptive or preventive war is not allowed under the Charter.

Bush’s war in Iraq was not undertaken in self-defense. Iraq had not attacked the US or any other country for 12 years. And Saddam Hussein’s military capability had been effectively neutered by the Gulf War, 12 years of punishing sanctions, and nearly daily bombing by the US and UK over the “no-fly-zones.”

Bush tried mightily to get the Security Council to sanction his war on Iraq. But the Council refused. Bush then cobbled together prior Council resolutions, none of which, individually or collectively, authorized the use of force in Iraq. Although Bush claimed to be enforcing Security Council resolutions, the Charter empowers only the Council to enforce its resolutions.

Grave breaches of the Geneva Conventions constitute war crimes, for which individuals can be punished under the US War Crimes Act. Willful killing, torture and inhuman treatment are grave breaches.

The torture and inhuman treatment of prisoners in US custody at Abu Ghraib and elsewhere in Iraq are grave breaches of Geneva, and therefore, war crimes. The execution of unarmed civilians in Haditha and other Iraqi cities are also war crimes.

Commanders in the chain of command, all the way up to the commander in chief, can be prosecuted for war crimes if they knew or should have known their subordinates were committing war crimes and failed to stop or prevent them. The torture policies and rules of engagement were set at the top. It is George W. Bush, Dick Cheney, Donald Rumsfeld and Colin Powell who should be on trial – for the commission of war crimes.

Inhumane acts against a civilian population are crimes against humanity and violate the Fourth Geneva Convention. The targeting of civilians and failure to protect civilians and civilian objects are crimes against humanity.

The dropping of 2,000-pound bombs in residential areas of Baghdad during “Shock and Awe” were crimes against humanity. The indiscriminate US attack on Fallujah, which was collective punishment in retaliation for the killing of four Blackwater mercenaries, was a crime against humanity. The destruction of hospitals in Fallujah by the US military, its refusal to let doctors treat patients, and shooting into ambulances were crimes against humanity. Declaring Fallujah a “weapons-free” zone, with orders to shoot anything that moved, was a crime against humanity.

Supreme Court Justice Robert Jackson was the chief prosecutor at the Nuremberg Tribunal. He wrote:

“No political or economic situation can justify the crime of aggression. If certain acts in violation of treaties are crimes they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”

Lt. Ehren Watada was correct when he said the war is illegal and he would be party to war crimes if he deployed to Iraq. The orders to deploy were unlawful and Lt. Watada had a duty to disobey them. Although he faces the possibility of a dishonorable discharge, the judge’s grant of a mistrial precludes retrial on the same criminal charges.

February 2, 2007

Bush Targets Iran

As Congress and the American people protest the travesty Bush created in Iraq, our President is gunning for a confrontation with Iran. Bush is rattling the sabers and opting for gunboat diplomacy by pledging to “seek out and destroy” Iranian networks “providing advanced weaponry and training to our enemies” in Iraq. But he has produced no hard evidence that Iran is supplying forces in Iraq with such weapons or manufacturing their own nuclear weapons.

When I say “gunboat diplomacy,” I mean that literally. Bush recently sent U.S. warships and Patriot missile batteries to the Persian Gulf and moved U.S. attack aircraft to Turkey and other countries on Iran’s borders. U.S. forces stormed the Iranian consulate in northern Iraq and captured six Iranian nationals, and Bush announced he will go after any Iranians he considers a threat. There are also indications the Bush administration would support military action by Israel against Iran.

On Tuesday, the administration stepped up its inflammatory rhetoric. U.S. officials said Iranians may have trained attackers who killed five Americans in Karbala on January 20. They also implicated the Mahdi Army, the militia controlled by Moktada al-Sadr. It’s very interesting that The New York Times characterized the focus on Iran and the Mahdi Army as “convenient from the point of view of the Bush administration.”

Investigators were stumped at how the attackers, who wore American-style uniforms, secured forged U.S. identity cards and American-style M-4 rifles, and used stun grenades like those used only by U.S. forces. They are also confounded at the way the attackers’ convoy of SUVs gave the impression that it was American and slipped through Iraqi checkpoints. Wednesday’s article in the Times cites a theory that “a Western mercenary group” may have been involved. In the past, the U.S. government used the CIA to covertly overthrow governments, such as Iran in 1953 and Chile in 1973. Could mercenaries now be doing the Bush administration’s dirty work?

The plan to attack Iran has been in the works since Bush inaugurated that country into his “axis of evil” in January 2002. Bush’s 2006 National Military Strategy says, “We may face no greater challenge from a single country than from Iran.” In April 2006, Seymour Hersh revealed the U.S. military was making preparations for an invasion of Iran. “Air Force planning groups are drawing up lists of targets, and teams of American combat troops have been ordered into Iran, undercover, to collect targeting data and to establish contact with anti-government ethnic-minority groups,” Hersh learned from current and former American military intelligence officials.

One of the military proposals calls for the use of bunker-buster tactical nuclear weapons against underground nuclear sites in Iran. That would mean “mushroom clouds, radiation, mass casualties, and contamination over years,” a former senior intelligence official told Hersh. A Pentagon adviser said the Air Force would strike many hundreds of targets in Iran, 99 percent of which have nothing to do with nuclear proliferation.

A former defense official who still advises the Bush administration informed Hersh the military planning was grounded in the belief that “a sustained bombing campaign in Iran will humiliate the religious leadership and lead the public to rise up and overthrow the government.” That’s the same faulty logic the U.S. government used to justify its cruel embargo and blockade of Cuba since 1961.

Congress has the responsibility to prevent Bush from attacking Iran. In view of congressional opposition to his war in Iraq, Bush will not likely ask permission to make war on Iran. We can expect Bush to provoke — or even fabricate a la Gulf of Tonkin — an incident with Iran and then claim he’s responding to Iranian aggression. Senior Pentagon officials reported in Wednesday’s Los Angeles Times that Air Force and Navy fighter planes along the Iran-Iraq border may be used more aggressively. Bush will then try to bootstrap the September 2001 and October 2002 congressional authorizations for force in Afghanistan and Iraq, respectively, into consent to attack Iran.

Offensive military action against Iran would be illegal under the United Nations Charter, which requires that members settle international disputes by peaceful means. The UN Charter is a treaty ratified by the U.S. and thus part of American law under the Supremacy Clause of the Constitution. Under the Charter, a country can attack another only in self-defense or with the blessing of the Security Council. Moreover, the use of nuclear weapons would violate our obligations under the Nuclear Non-Proliferation Treaty.

Congress should immediately pass a binding resolution reaffirming the United States’ legal obligations and informing the Bush administration that it will not concur in any invasion or military action against Iran, would refuse to approve any funding for it, and would consider actions taken in contravention of the resolution as impeachable offenses.

January 17, 2007

Pentagon Attacks Lawyers of Guantánamo Detainees

In one of the most severe blows the Bush administration has dealt to our constitutional democracy, the Pentagon attacked the lawyers who have volunteered to represent the Guantánamo detainees.

Deputy Assistant Secretary of Defense Charles Stimson threatened corporate lawyers who agree to defend the men and boys imprisoned there. Flashing a list of corporations that use law firms doing this pro bono work, Stimson declared, “Corporate C.E.O.’s seeing this should ask firms to choose between lucrative retainers and representing terrorists.”

In 1770, John Adams defended nine British soldiers including a captain who stood accused of killing five Americans. No other lawyer would defend them. Adams thought no one in a free country should be denied the right to a fair trial and the right to counsel. He was subjected to scorn and ridicule and claimed to have lost half his law practice as a result of his efforts.

Adams later said his representation of those British soldiers was “one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country.”

Federal Judge Green, who has handled the many habeas corpus petitions filed by the Guantánamo detainees, expressed appreciation for the lawyers: “I do want to say we are very grateful for those attorneys who have accepted pro bono appointments. That is a service to the country, a service to the parties. No matter what position you take on this, it is a grand service.”

More than 750 men and boys have been held like animals in cages during the last five years at Guantánamo. Many were picked up by warlords and sold to the U.S. military for bounty. None has been tried for any crime. Very few even have any criminal charges against them.

Ironically, there were no alleged terrorists connected with 9/11 there until Bush recently transferred 14 men from his secret CIA prisons to Guantánamo. Meanwhile, hundreds of detainees languish in custody, aided by 500 courageous lawyers from 120 firms who have volunteered countless hours to represent them.

Under the Military Commissions Act Bush just rammed through Congress, the Guantánamo prisoners could be held for the rest of their lives without ever seeing a judge. Those who decide that death could not be worse than life at Gitmo have participated in a hunger strike.

Rather than subject the Bush administration to embarrassment when prisoners die in U.S. custody, military guards force feed them. Thick plastic tubes are forced down their throats with no anesthesia. Tubes are not sterilized before being reused on other prisoners. The UN Human Rights Commission called the force-feeding “torture.” Many prisoners also report being tortured during interrogations.

Guantánamo has become the symbol of U.S. hypocrisy. While fighting the “war on terror” and attacking other countries for their human rights abuses, the officials in the Bush administration have become war criminals. Torture and cruel or inhuman treatment are punishable as war crimes under the U.S. War Crimes Act.

The Supreme Court held in Rasul v. Bush that the Guantánamo prison is under U.S. jurisdiction, so prisoners there are entitled to the protections of the Constitution. The Sixth Amendment mandates that every person charged with a crime has the right to be defended by an attorney. The government is forbidden by the Fifth Amendment from denying any “person” — U.S. citizen or not — due process of law. The presumption of innocence is enshrined in our legal system.

Bush’s attack on lawyers is the latest assault on our civil liberties, which now includes warrantless surveillance of our phone calls and email, and most recently, our U.S. Mail. Although Bush says he’s spying on the terrorists, those who criticize his policies, including his illegal and immoral war on Iraq, are also invariably in his cross hairs.

All Americans should heed the words of Martin Niemoller: “First they came for the Communists, but I was not a Communist, so I said nothing. Then they came for the Social Democrats, but I was not a Social Democrat, so I did nothing. Then came the trade unionists, but I was not a trade unionist. And then they came for the Jews, but I was not a Jew, so I did little. Then when they came for me, there was no one left who could stand up for me.”

George W. Bush must immediately renounce Stimson’s threats and relieve him of his duties. A country that would sacrifice its own values under the guise of protecting them has no moral authority in this world.

December 24, 2006

What’s Going On?

In 1971, singer Marvin Gaye raised hackles when he tried to make sense of the madness of the Vietnam War by asking, “What’s Going On?” He sang:

Mother, mother/ There’s too many of you crying/ Brother, brother, brother/ There’s far too many of you dying/ You know we’ve got to find a way/ To bring some lovin’ here today — Ya/ Father, father/ We don’t need to escalate/ You see, war is not the answer/ For only love can conquer hate/ You know we’ve got to find a way/ To bring some loving’ here today.

The song, told from the perspective of a returning Vietnam veteran, was inspired by Gaye’s brother who had recently returned from that disastrous war.

Gaye would be asking the same question if he were alive today. Nearly 3,000 U.S. soldiers and tens of thousands of Iraqis have died. A brutal civil war continues to escalate, aggravated by intense opposition to the U.S. occupation. The Joint Chiefs of Staff, Colin Powell, General John Abazaid – commander of U.S. forces in the Middle East who just resigned – and the vast majority of the American people oppose sending more U.S. troops to Iraq. Yet George W. Bush is planning to do just that.

Even staunch Republicans like MSNBC anchor Joe Scarborough, who supported the war and voted twice for Bush, is asking what’s going on. On his December 20 show, Scarborough was appalled by Bush’s statement, “I encourage you all to go shopping more.” MSNBC analyst Mike Barnacle noted that “this President is isolated, delusional, and stubborn.” Bush’s “delusion,” according to Barnacle, is going to result in the deaths and carnage of our troops and people throughout the Middle East. “I don’t think [Bush] knows what he’s saying . . . He is totally isolated from reality,” Barnacle added. “The deaths of American soldiers now verges on the criminal.”

So what is going on? Former Nixon counsel John Dean recently told a San Diego audience he doesn’t think Bush is in charge – Cheney is running the government. “One of Dick Cheney’s geniuses is that he lets Dubya wake up every morning and think he’s President,” Dean noted. Cheney has set up his own National Security Council in the Vice President’s office, according to Dean. Decisions about budgets, personnel, etc., never get to the Oval Office. Cheney decides the important matters before they ever reach Bush’s desk, Dean said.

The report of the Iraq Study Group was not prepared by a bunch of radicals. It even recommended privatizing Iraq’s oil. But the group of 10 saw that more troops and shunning Iran and Syria is not the answer. What did Bush do? He dismissed the ISG report out of hand in favor of Cheney’s agenda.

Why would Dick Cheney and the neocons who convinced Bush to start this war decide to pull out now? They created the war to achieve their imperial dream of privatizing Iraqi oilfields and building permanent U.S. military bases nearby to protect them. They are willing to sacrifice the lives of our soldiers and the Iraqi people in pursuit of their dream.

Cheney is undoubtedly telling the evangelical Dubya to hang in there, God is testing him. Remember Bush said he consulted with his heavenly father before starting the war. If Bush thinks God told him to start this war, what will it take to make him stop?

And it could get worse. Cheney-Bush has sent our battleships to the Persian Gulf to “warn” Iran that we mean business. And the White House blacked out parts of a New York Times op-ed on negotiating with Iran written by two former U.S. government advisors. This means, in all likelihood, that Cheney has decided it’s time to pick off the next member of the Axis of Evil. They’re following the same strategy they used on the way to Iraq: convince the American people that Iran is building weapons of mass destruction, notwithstanding overwhelming evidence to the contrary. Attacking Iran would cause a disaster of epic proportions.

Now that the Democrats are taking over the reins in Washington, we have a golden opportunity to set things right. But incoming Senate majority leader Harry Reid’s first instinct was to align himself with the 12 percent of Americans who support sending more troops to Iraq. And new House Speaker Nancy Pelosi lost no time in declaring that they would not cut funding for the war.

It seems more likely the Republicans, not the Democrats, will try to derail the Cheney-Bush war express. Senator Gordon Smith (R-Ore) declared last week on the Senate floor: “I, for one, am at the end of my rope when it comes to supporting a policy that has our soldiers patrolling the same streets in the same way, being blown up by the same bombs day after day. That is absurd. It may even be criminal. I cannot support that anymore.”

Ultimately, it is up to the American people to step up to the plate and stop this war. It’s fine to tell the pollsters we want our troops out of Iraq. But that’s not doing the trick. The Vietnam War ended after thousands of people marched in the streets. We may not have the draft to get the college kids off their duffs. But we do have our consciences. And that should be enough.

November 10, 2006

Donald Rumsfeld: The War Crimes Case

As the Democrats took control of the House of Representatives and were on the verge of taking over the Senate, George W. Bush announced that Donald Rumsfeld was out and Robert Gates was in as Secretary of Defense. When Bush is being run out of town, he knows how to get out in the front of the crowd and make it look like he’s leading the parade. The Rumsfeld-Gates swap is a classic example.

The election was a referendum on the war. The dramatic results prove that the overwhelming majority of people in this country don’t like the disaster Bush has created in Iraq. So rather than let the airwaves fill up with beaming Democrats and talk of the horrors of Iraq, Bush changed the subject and fired Rumsfeld. Now, when the Democrats begin to investigate what went wrong, Rumsfeld will no longer be the controversial public face of the war.

Rumsfeld had come under fire from many quarters, not the least of which was a gaggle of military officers who had been clamoring for his resignation. Bush said he decided to oust Rumsfeld before Tuesday’s voting but lied to reporters so it wouldn’t affect the election. Putting aside the incredulity of that claim, Bush likely waited to see if there would be a changing of the legislative guard before giving Rumsfeld his walking papers. If the GOP had retained control of Congress, Bush would probably have retained Rumsfeld. But in hindsight, Bush has to wish he had ejected Rumsfeld before the election to demonstrate a new direction in the Iraq war to angry voters.

Rumsfeld’s sin was not in failing to develop a winning strategy for Iraq. There is no winning in Iraq, because we never belonged there in the first place. The war in Iraq is a war of aggression. It violates the United Nations Charter which only permits one country to invade another in self-defense or with the blessing of the Security Council.

Donald Rumsfeld was one of the primary architects of the Iraq war. On September 15, 2001, in a meeting at Camp David, Rumsfeld suggested an attack on Iraq because he was deeply worried about the availability of “good targets in Afghanistan.” Former Treasury Secretary Paul O’Neill reported that Rumsfeld articulated his hope to “dissuade” other nations from “asymmetrical challenges” to U.S. power. Rumsfeld’s support for a preemptive attack on Iraq “matched with plans for how the world’s second largest oil reserve might be divided among the world’s contractors made for an irresistible combination,” Ron Suskind wrote after interviewing O’Neill.

Rumsfeld defensively sought to decouple oil access from regime change in Iraq when he appeared on CBS News on November 15, 2002. In a Hamlet moment, Rumsfeld proclaimed the United States’ beef with Iraq has “nothing to do with oil, literally nothing to do with oil.” The Secretary doth protest too much.

Prosecuting a war of aggression isn’t Rumsfeld’s only crime. He also participated in the highest levels of decision-making that allowed the extrajudicial execution of several people. Willful killing is a grave breach of the Geneva Conventions, which constitutes a war crime. In his book, Chain of Command: The Road from 9/11 to Abu Ghraib, Seymour Hersh described the “unacknowledged” special-access program (SAP) established by a top-secret order Bush signed in late 2001 or early 2002. It authorized the Defense Department to set up a clandestine team of Special Forces operatives to defy international law and snatch, or assassinate, anyone considered a “high-value” Al Qaeda operative, anywhere in the world. Rumsfeld expanded SAP into Iraq in August 2003.

But Rumsfeld’s crimes don’t end there. He sanctioned the use of torture and cruel, inhuman and degrading treatment, which are grave breaches of the Geneva Conventions, and thus constitute war crimes. Rumsfeld approved interrogation techniques that included the use of dogs, removal of clothing, hooding, stress positions, isolation for up to 30 days, 20-hour interrogations, and deprivation of light and auditory stimuli. According to Seymour Hersh, Rumsfeld sanctioned the use of physical coercion and sexual humiliation to extract information from prisoners. Rumsfeld also authorized waterboarding, where the interrogator induces the sensation of imminent death by drowning. Waterboarding is widely considered a form of torture.

Rumsfeld was intimately involved with the interrogation of a Saudi detainee, Mohamed al-Qahtani, at Guantánamo in late 2002. General Geoffrey Miller, who later transferred many of his harsh interrogation techniques to Abu Ghaib, supervised the interrogation and gave Rumsfeld weekly updates on his progress. During a six-week period, al-Qahtani was stripped naked, forced to wear women’s underwear on his head, denied bathroom access, threatened with dogs, forced to perform tricks while tethered to a dog leash, and subjected to sleep deprivation. Al-Qahtani was kept in solitary confinement for 160 days. For 48 days out of 54, he was interrogated for 18 to 20 hours a day.

Even though Rumsfeld didn’t personally carry out the torture and mistreatment of prisoners, he authorized it. Under the doctrine of command responsibility, a commander can be liable for war crimes committed by his inferiors if he knew or should have known they would be committed and did nothing to stop of prevent them. The U.S. War Crimes Act provides for prosecution of a person who commits war crimes and prescribes life imprisonment, or even the death penalty if the victim dies.

Although intending to signal a new direction in Iraq with his nomination of Gates to replace Rumsfeld, Bush has no intention of leaving Iraq. He is building huge permanent U.S. military bases there. Gates at the helm of the Defense Department, Bush said, “can help make the necessary adjustments in our approach.” Bush hopes he can bring congressional Democrats on board by convincing them he will simply fight a smarter war.

But this war can never get smarter. Nearly 3,000 American soldiers and more than 650,000 Iraqi civilians have died and tens of thousands have been wounded. Our national debt has skyrocketed with the billions Bush has pumped into the war. Now that there is a new day in Congress, there must be a new push to end the war. That means a demand that Congress cut off its funds.

And the war criminals must be brought to justice – beginning with Donald Rumsfeld. On November 14, the Center for Constitutional Rights, the National Lawyers Guild, and other organizations will ask the German federal prosecutor to initiate a criminal investigation into the war crimes of Rumsfeld and other Bush administration officials. Although Bush has immunized his team from prosecution in the International Criminal Court, they could be tried in any country under the well-established principle of universal jurisdiction.

Donald Rumsfeld may be out of sight, but he will not be out of mind. The chickens have come home to roost.

November 5, 2006

From Hanging Chads to Hanging Saddam: The Banana Election

By Marjorie Cohn

The announcement of Saddam Hussein’s death sentence two days before our midterm elections brings to mind the opening scene of Woody Allen’s film Bananas. Howard Cosell is covering the impending assassination of a dictator in an unnamed Banana Republic. On one side of the street, Cosell thrusts a microphone under the dictator’s nose and asks how it feels when one is about to be assassinated. After the dictator responds, the assassin takes aim, shoots, and the dictator falls down dead. Cosell then crosses the street to interview the successor, Woody Allen. Everything goes according to script.

Sunday, as Saddam’s verdict hearing convened, a pert blonde reporter from Fox News took her place in the second row of the courtroom. Although she often had trouble getting a seat during the trial, the U.S.-Iraqi-powers-that-be made sure she was prominently seated for the show. After the verdict, the reporter told millions of Fox viewers how frightened she was to be so close to Saddam. The network juxtaposed the verdict report with a discourse on the perils of radical Islam. Ironically, tyrant that he was, Saddam ran a secular government in which radical Islam was not permitted to flourish.

Saddam’s verdict was choreographed in much the same way as the fall of his huge statue in the Baghdad square after Bush shocked-and-awed him out of power. Scenes of celebrating Iraqis filled American television screens with only brief forays into Tikrit or the Sunni area of Baghdad where angry Iraqis took to the streets notwithstanding the curfew policed by U.S. soldiers on Sunday.

In spite of the carefully produced event, many Iraqis found little solace in bringing Saddam to justice. Operation Iraqi Freedom has brought death and destruction to their country. More than 650,000 civilians have died, kidnappings and torture are rampant, and women who leave their Baghdad homes without a veil can be beheaded.

Saddam’s trial, which took place in a country under U.S. occupation, was illegitimate. The courtroom where he was tried, convicted and sentenced is anything but a hall of justice. Established with $75 million of American money, the “Iraqi” tribunal was approved by the Pentagon and the State Department. The Bush administration has been calling the shots throughout the trial. Three defense attorneys have been killed and the chief judge resigned in protest against government involvement in the trial. Saddam should have been tried in an international tribunal that was not controlled by the United States.

A few hours after Sunday’s verdict, Rep. Peter Hoekstra (R-Mich), chairman of the House Intelligence Committee, announced he is still looking for Saddam’s weapons of mass destruction. Of course Bush long ago abandoned that rationale for invading Iraq. He now points to Saddam’s death sentence to justify his war. But will the American public buy this Banana Republic extravaganza?

Things are falling apart in Iraq, with the monthly death toll for U.S. soldiers higher now than when Saddam was captured in 2003. With no end in sight, Americans will render their verdict on Tuesday.

October 5, 2006

Rounding Up U.S. Citizens

The Military Commissions Act of 2006 governing the treatment of detainees is the culmination of relentless fear-mongering by the Bush administration since the September 11 terrorist attacks.

Because the bill was adopted with lightning speed, barely anyone noticed that it empowers Bush to declare not just aliens, but also U.S. citizens, “unlawful enemy combatants.”

Bush & Co. has portrayed the bill as a tough way to deal with aliens to protect us against terrorism.

Frightened they might lose their majority in Congress in the November elections, the Republicans rammed the bill through Congress with little substantive debate.

Anyone who donates money to a charity that turns up on Bush’s list of “terrorist” organizations, or who speaks out against the government’s policies could be declared an “unlawful enemy combatant” and imprisoned indefinitely. That includes American citizens.

The bill also strips habeas corpus rights from detained aliens who have been declared enemy combatants.

Congress has the constitutional power to suspend habeas corpus only in times of rebellion or invasion. The habeas-stripping provision in the new bill is unconstitutional and the Supreme Court will likely say so when the issue comes before it.

Although more insidious, this law follows in the footsteps of other unnecessarily repressive legislation. In times of war and national crisis, the government has targeted immigrants and dissidents.

In 1798, the Federalist-led Congress, capitalizing on the fear of war, passed the four Alien and Sedition Acts to stifle dissent against the Federalist Party’s political agenda. The Naturalization Act extended the time necessary for immigrants to reside in the U.S. because most immigrants sympathized with the Republicans.

The Alien Enemies Act provided for the arrest, detention and deportation of male citizens of any foreign nation at war with the United States. Many of the 25,000 French citizens living in the U.S. could have been expelled had France and America gone to war, but this law was never used. The Alien Friends Act authorized the deportation of any non-citizen suspected of endangering the security of the U.S. government; the law lasted only two years and no one was deported under it.

The Sedition Act provided criminal penalties for any person who wrote, printed, published, or spoke anything “false, scandalous and malicious” with the intent to hold the government in “contempt or disrepute.” The Federalists argued it was necessary to suppress criticism of the government in time of war. The Republicans objected that the Sedition Act violated the First Amendment, which had become part of the Constitution seven years earlier. Employed exclusively against Republicans, the Sedition Act was used to target congressmen and newspaper editors who criticized President John Adams.

Subsequent examples of laws passed and actions taken as a result of fear-mongering during periods of xenophobia are the Espionage Act of 1917, the Sedition Act of 1918, the Red Scare following World War I, the forcible internment of people of Japanese descent during World War II, and the Alien Registration Act of 1940 (the Smith Act).

During the McCarthy period of the 1950s, in an effort to eradicate the perceived threat of communism, the government engaged in widespread illegal surveillance to threaten and silence anyone who had an unorthodox political viewpoint. Many people were jailed, blacklisted and lost their jobs. Thousands of lives were shattered as the FBI engaged in “red-baiting.”

One month after the terrorist attacks of September 11, 2001, United States Attorney General John Ashcroft rushed the U.S.A. Patriot Act through a timid Congress.

The Patriot Act created a crime of domestic terrorism aimed at political activists who protest government policies, and set forth an ideological test for entry into the United States.

In 1944, the Supreme Court upheld the legality of the internment of Japanese and Japanese-American citizens in Korematsu v. United States. Justice Robert Jackson warned in his dissent that the ruling would “lie about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need.”

That day has come with the Military Commissions Act of 2006. It provides the basis for the President to round- up both aliens and U.S. citizens he determines have given material support to terrorists. Kellogg Brown & Root, a subsidiary of Cheney’s Halliburton, is constructing a huge facility at an undisclosed location to hold tens of thousands of undesirables.

In his 1928 dissent in Olmstead v. United States, Justice Louis Brandeis cautioned, “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.” Seventy- three years later, former White House spokesman Ari Fleischer, speaking for a zealous President, warned Americans “they need to watch what they say, watch what they do.”

We can expect Bush to continue to exploit 9/11 to strip us of more of our liberties. Our constitutional right to dissent is in serious jeopardy. Benjamin Franklin’s prescient warning should give us pause: “They who would give up an essential liberty for temporary security, deserve neither liberty or security.”

September 8, 2006

Bush Fears War Crimes Prosecution, Impeachment

With great fanfare, George W. Bush announced to a group of carefully selected 9/11 families yesterday that he had finally decided to send Khalid Sheikh Mohammed and 13 other alleged terrorists to Guantánamo Bay, where they will be tried in military commissions. After nearly 5 years of interrogating these men, why did Bush choose this moment to bring them to “justice”?

Bush said his administration had “largely completed our questioning of the men” and complained that “the Supreme Court’s recent decision has impaired our ability to prosecute terrorists through military commissions and has put in question the future of the CIA program.”

He was referring to Hamdan v. Rumsfeld, in which the high court recently held that Bush’s military commissions did not comply with the law. Bush sought to try prisoners in commissions they could not attend with evidence they never see, including hearsay and evidence obtained by coercion.

The Court also determined that Common Article 3 of the Geneva Conventions applies to al Qaeda detainees. That provision of Geneva prohibits “outrages upon personal dignity” and “humiliating and degrading treatment.”

Bush called on Congress to define these “vague and undefined” terms in Common Article 3 because “our military and intelligence personnel” involved in capture and interrogation “could now be at risk of prosecution under the War Crimes Act.”

Congress enacted the War Crimes Act in 1996. That act defines violations of Geneva’s Common Article 3 as war crimes. Those convicted face life imprisonment or even the death penalty if the victim dies.

The President is undoubtedly familiar with the doctrine of command responsibility, where commanders, all the way up the chain of command to the commander in chief, can be held liable for war crimes their inferiors commit if the commander knew or should have known they might be committed and did nothing to stop or prevent them.

Bush defensively denied that the United States engages in torture and foreswore authorizing it. But it has been well-documented that policies set at the highest levels of our government have resulted in the torture and cruel, inhuman and degrading treatment of U.S. prisoners in Iraq, Afghanistan and Guantánamo.

Indeed, Congress passed the Detainee Treatment Act in December, which codifies the prohibition in United States law against cruel, inhuman or degrading treatment or punishment of prisoners in U.S. custody. In his speech yesterday, Bush took credit for working with Senator John McCain to pass the DTA.

In fact, Bush fought the McCain “anti-torture” amendment tooth-and-nail, at times threatening to veto the entire appropriations bill to which it was appended. At one point, Bush sent Dick Cheney to convince McCain to exempt the CIA from the prohibition on cruel treatment, but McCain refused.

Bush signed the bill, but attached a “signing statement” where he reserved the right to violate the DTA if, as commander-in-chief, he thought it necessary.

Throughout his speech, Bush carefully denied his administration had violated any laws during its “tough” interrogations of prisoners. Yet, the very same day, the Pentagon released a new interrogation manual that prohibits techniques including “waterboarding,” which amounts to torture.

Before the Supreme Court decided the Hamdan case, the Pentagon intended to remove any mention of Common Article 3 from its manual. The manual had been the subject of revision since the Abu Ghraib torture photographs came to light.

But in light of Hamdan, the Pentagon was forced to back down and acknowledge the dictates of Common Article 3.

Bush also seeks Congressional approval for his revised military commissions, which reportedly contain nearly all of the objectionable features of his original ones.

The President’s speech was timed to coincide with the beginning of the traditional post-Labor Day period when Congress focuses on the November elections. The Democrats reportedly stand a good chance of taking back one or both houses of Congress. Bush fears impeachment if the Democrats achieve a majority in the House of Representatives.

By challenging Congress to focus on legislation about treatment of terrorists – which he called “urgent” – Bush seeks to divert the election discourse away from his disastrous war on Iraq.

August 2, 2006

Bush’s Enemy du Jour

On television broadcasts, the word “Hezbollah” is seldom mentioned in a sentence unaccompanied by the word “terrorist.” Commentators speculate about whether al Qaida or Hezbollah is a worse threat to the United States. Richard L. Armitage, deputy secretary of state during Bush’s first term, has said Hezbollah might be “the A-team of terrorists,” and that “Al Qaida is actually the B-team.” Former CIA agent Robert Baer admits there is no evidence Hezbollah is operating in the United States, but in response to questioning by a Fox News anchor, speculates that Hezbollah “could” attack on U.S. soil.

Hezbollah is George W. Bush’s enemy du jour. Although suspected of complicity in the 1985 hijacking of a TWA jet, Hezbollah denies ever attacking anyone outside of Lebanon and Israel. The group, which comprises the Shiite brand of Islam, doesn’t even attack other sects inside Lebanon. Its leader Sheikh Hassan Nasrallah claims Hezbollah is “like Jesus,” citing the group’s 2000 action in Lebanon, where Hezbollah did not take vengeance within Lebanon.

There is overwhelming support for Hezbollah in Lebanon. According to a poll by the Beirut Center for Research and Information, 87 percent of Lebanese support Hezbollah’s fight with Israel. The level of support for Hezbollah is high among non-Shiite communities; 80 percent of Christians, 80 percent of Druze and 89 percent of Sunnis polled support Hezbollah.

These numbers are likely to rise in the wake of Israel’s bombing of Qana yesterday, which killed over 60 civilians, mostly children. Thousands in the Middle East have taken to the streets, outraged at the carnage.

Unlike Osama bin Laden, who targets pro-Western Arab countries, Nasrallah tells Saudi Arabia, Egypt and Jordan to just stay neutral in this conflict. In a televised speech on Saturday, Nasrallah said, “The Israelis are ready to halt aggression because they are afraid of the unknown. The one pushing for the continuation of the aggression is the U.S. administration. Israel has been exposed as a slave of the U.S.”

Noam Chomsky says we should always call it the “American-Israeli destruction of Lebanon.” Although he thinks Israel started with proportional force as in the past, the United States began pushing its one-sided view of the conflict at the G-8 summit. Bush reportedly told Israel: “You can’t stop now; you’re acting for all of us.”

That was a green light for Israel, acting on orders from the United States. If not, why is so much attention focused on Condoleezza Rice’s every move? Because her boss is in charge of this war.

While the rest of the world calls for an immediate ceasefire, Bush-Rice’s excuses just don’t wash. They blame Iran and Syria. They say they want a “sustainable” ceasefire to build “a New Middle East.”

Bush started his dangerous folly in another Middle Eastern country; the former “central war on terror:” Iraq. Bush has created such a disaster there that many Iraqis who hated Saddam Hussein wish he were still in power.

According to a United Nations report, 14,338 civilians died violently in Iraq in the first six months of this year. That tally is based on figures from the Iraqi Ministry of Health and Baghdad’s central morgue. An average of more than 100 Iraqi civilians were killed per day last month, the U.N. reported. The overwhelming majority of the casualties in recent months took place in Baghdad. The report said, “Civilians are reported to be severely affected by heavy MNF (Multi-National Force) bombing.”

Samuel W. Bodman, the U.S. energy secretary, must’ve had his rosy-colored glasses on when he recently met with Iraq’s oil and electricity ministers in Baghdad. “The situation seems far more stable than when I was here two or three years ago. The security seems better, people are more relaxed. There is an optimism, at least among the people I talked to,” he said cheerfully. Of course, Bodman gave his interview from the heavily fortified Green Zone, the only place in Iraq other than the Kurdish north that has any security at all.

“Killings, kidnappings and torture remain widespread” in Iraq, according to the U.N. report. “In some Baghdad neighborhoods, women are now prevented from going to the markets alone,” the report says. Attorney Nadia Keilani told an audience at a recent San Diego teach-in that if a woman leaves her house with her head uncovered, she is often stopped and her head shaved as a warning. The next time, she is beheaded.

Keilani’s 26-year-old cousin leaves her home in Iraq only three times a month. She spends her days looking through a peephole. “She is a prisoner in her own home,” Keilani said. Homosexuals are “increasingly threatened and extra-judicially executed by militias and ‘death squads’ because of their sexual orientation,” the U.N. reported.

“Attacks against teachers, university professors and students, as well as extremists inside universities, resulted in numerous deaths and an increasing number of academics and intellectuals leaving the country,” the U.N. found. Eighty-four percent of the colleges have been destroyed, Keilani noted. Kidnappings proliferate, according to the U.N. Many hostages are killed even after the ransom is paid.

The “extent of the violence in areas” other than the Kurdish region “is such that likely every child, to some degree, has been exposed to it,” the U.N. report says. Yesterday’s New York Times reported: “Iraq’s anemic investigative agencies have been ill-equipped to keep up with soaring crime, so for families seeking information, the morgues have often provided the only certainty.”

Yet people who go to the morgue to retrieve their loves ones are often kidnapped and killed if their identity card says Sunni instead of Shiite. Things are going so badly in Iraq that the tours of 4,000 U.S. soldiers who had been slated to leave have been extended for up to four months.

Iraq’s leaders elected under occupation with Bush’s blessing are refusing to toe the line. Mahmoud al-Mashhadani, speaker of the Iraqi Parliament, called the U.S. invasion of Iraq “the work of butchers.” He said the U.S. government wanted Iraq “to stay under the American boot.”

“Leave us to solve our problems,” al-Mashhadani declared. “We don’t need an agenda from outside.”

Iraqi Prime Minister Nouri al-Maliki is caught between Iraq and the Bush place. At a Washington news conference last week, al-Maliki criticized Israel’s air strikes in Lebanon and urged an immediate ceasefire “to stop the killing and the destruction.”

A resolution of the Iraqi Parliament had called Israel’s attacks “criminal aggression.” In an attempt to appear more pro-Israel than the Republicans, 20 congressional Democrats called for the cancellation of al-Maliki’s address to a joint session of Congress because he wouldn’t condemn Hezbollah.

Al-Maliki addressed Congress as planned, but forgot to mention the war on Lebanon for some reason. An influential Iraqi Shiite cleric, Sheik Aws Khafaji, called al-Maliki’s visit to Washington a betrayal of Islam and a humiliation to the Iraqi people. “What forced you to eat with the occupiers?” Khafaji asked. “Is that your reward? You know more than anybody else that the car bombings, terrorism, explosions and bloodletting in Iraq are under the protection of the Zionist-American plans.”

This morning, Bush said “the status quo in the Middle East” led to the 9/11 deaths. He’s right, but for the wrong reasons. It was not Iraq, Hezbollah, Iran or Syria that perpetrated the September 11 attacks. It was al Qaida. What was Osama bin Laden so upset about? U.S.-U.N. sanctions against the people of Iraq, U.S. bases in Saudi Arabia, and U.S.-Israel’s treatment of the Palestinians.

July 26, 2006

Willful Blindness

On Friday morning, as I traveled north on Interstate 5, I passed two tractor-trailers heading south toward the 32nd Street Naval Station in downtown San Diego. Each vehicle carried about 10 unmarked bombs; each bomb was approximately 15 feet long. Two military helicopters hovered low above each tractor-trailer, providing overhead escort.

I wondered where these bombs were headed. They must have been in a big hurry because they usually ship their bombs more covertly.

Israel had just put out an S.O.S. to the United States government to rush over several more bombs. “The decision to quickly ship the weapons to Israel was made with relatively little debate within the Bush administration,” according to the New York Times. Although always well-equipped with sophisticated US-made weapons, Israel was evidently running out of munitions to drop on the Lebanese people.

Washington loses no opportunity to scold Iran and Syria for providing weapons to Hezbollah.

Yet during the Bush administration, from 2001 to 2005, Israel received $10.5 billion in Foreign Military Financing – the Pentagon’s biggest military aid program – and $6.3 billion in US arms deliveries. Israel is the largest recipient of US foreign military assistance.

It is a violation of the US Arms Export Control Act to provide weapons to foreign countries that are not used for defensive purposes or to maintain internal security. During the last major Israeli incursion into Lebanon, in 1981, the Reagan administration cut off US military aid and arms deliveries for 10 weeks while it investigated whether Israel was using weapons for “defensive purposes.”

Last week, both houses of Congress, mindful of the importance of retaining Jewish votes and campaign contributions, passed resolutions stating that Israel is acting in self-defense. The vote in the Senate was unanimous; the House vote was 410 to 8.

Walking in lockstep with Bush, neither resolution calls for a ceasefire. The Senate resolution praises Israel for its “restraint” and the House resolution “welcomes Israel’s continued efforts to prevent civilian casualties.”

US-provided Israeli bombs have killed nearly 400 Lebanese, the overwhelming majority innocent civilians. The bombing has displaced half a million people and caused an estimated $1 billion in damage.

After Israeli orders that people in southern Lebanon evacuate their homes, several vehicles filled with evacuating Lebanese civilians were bombed by the Israeli military.

An Israeli helicopter fired a missile at a white minibus carrying 19 people fleeing Tairi. Three people were killed and several wounded.

A green Mercedes with a family fleeing Mansuri was struck by an Israeli missile. Three lay dead, others severely injured. Eight-year-old Mahmoud Srour’s face was burned beyond recognition.

As Zein al-Abdin Zabit evacuated with his wife and four sons, his white Nissan was hit by an Israeli missile. “It’s nothing more than revenge, revenge on civilians,” Zabit said as he lay in bed with broken ribs.

Human Rights Watch confirmed yesterday that Israel is using artillery-delivered cluster munitions in populated areas of Lebanon. “Cluster munitions are unacceptably inaccurate and unreliable weapons when used around civilians,” said Kenneth Roth, executive director of Human Rights Watch. “They should never be used in populated areas.”

The use of cluster munitions in populated areas in Iraq caused more civilian casualties than any other factor in the US-led coalition’s major military operations in March and April 2003, killing and wounding more than 1,000 Iraqi civilians, HRW reported.

HRW photographed US-produced/US-supplied cluster bombs among the arsenal of Israel Defense Forces artillery teams stationed on the Israeli-Lebanese border during a July 23 research visit.

Independent journalist Dahr Jamail reported that the Lebanese Ministry of Interior has confirmed the Israelis have used the incendiary white phosphorous gas. This is a chemical weapon, much like napalm, that can burn right down to the bone. The US military used white phosphorous in Fallujah, Iraq.

Article 35 of Protocol I to the Geneva Conventions prohibits the use of weapons “of a nature to cause superfluous injury or unnecessary suffering.” Cluster bombs and white phosphorous fall into this category.

Bilal Masri, assistant director of the Beirut Government University Hospital, told Jamail, “The Israelis are using new kinds of bombs, and these bombs can penetrate bomb shelters,” Masri added. “They are bombing the refugees in the bomb shelters!”

Masri also said that 55 percent of the casualties are children under 15 years of age.

It is a violation of the laws of war to target civilians. “A fundamental rule of international humanitarian law is the obligation to distinguish between civilians and civilian property on one hand and military targets on the other,” Nada Doumani, Middle East spokesperson for the International Committee of the Red Cross told Aljazeera.net. “Under no circumstances, can civilians and public and private property be deliberately attacked. All parties in the conflict have to abide by these rules.”

Doumani quoted ICRC Director of Operations Pierre Krahenbuhl, who said: “The high number of civilian casualties and the extent of damage to essential public infrastructure raise serious questions regarding respect for the principle of proportionality in the conduct of hostilities.”

Nearly every report from the corporate media seeks to find symmetry in this war. When an outlet covers the massive devastation in Lebanon and increasing numbers of Lebanese civilians killed by Israeli bombs, it is careful to juxtapose reports of Hezbollah rockets fired into Israel.

Jan Egeland, the United Nations emergency relief chief, however, called the “disproportionate response” by Israel to Hezbollah’s actions “a violation of international humanitarian law.” Egeland, who characterized the devastated areas of Lebanon as “horrific,” said Israel is denying access to relief operations.

At least 384 people have been killed in Lebanon, including 20 soldiers and 11 Hezbollah fighters. Israel’s death toll is at least 40, with 17 people killed by Hezbollah rockets and 23 soldiers killed in the fighting.

On Monday, a high-ranking Israeli Air Force officer told reporters that Israeli Defense Forces Chief of Staff Lt.-Gen. Dan Halutz had ordered the military to destroy 10 buildings in Beirut in retaliation for every Katyusha rocket strike on Haifa by Hezbollah.

Last week, several Jewish organizations and Christian Zionists lobbied the White House to support Israel.

Bush complied, giving Israel at least another week to continue slaughtering the Lebanese people.

While Bush stood by and watched the humanitarian catastrophe Israel is wreaking in Lebanon, Condoleezza Rice traveled there and met with Fuad Siniora, the Lebanese prime minister.

Rice’s visit was an “important show of support for the Lebanese public and the Siniora government,” a US official said Monday. The official told reporters traveling with Rice, “The fact we are going to go right into Beirut after all that has happened is a pretty dramatic signal to Lebanon and their government.”

It would be much more dramatic for Bush-Rice to call a halt to the carnage. When Helen Thomas asked White House spokesman Tony Snow why the President opposed a ceasefire, he rudely thanked her for her “Hezbollah view.”

Bush could stop Israel in its tracks with a snap of his fingers. But why would he? Israel is doing Bush’s bidding – redrawing the map of the Middle East to facilitate US domination. Bush began that task with Iraq; Israel is following suit with Palestine and Lebanon.

Indeed, Bush is hoping Israel’s next stop will be Iran or Syria. A July 21 list of talking points from the White House Office of the Press Secretary referred to a Los Angeles Times op-ed by Max Boot titled, “It’s Time to Let The Israelis Take Off the Gloves.”

The White House release contained this quote from Boot’s piece: “Our best response is exactly what Bush has done so far – reject premature calls for a cease-fire and let Israel finish the job.”

That quote was preceded by this language: “Iran may be too far away for much Israeli retaliation beyond a single strike on its nuclear weapons complex. (Now wouldn’t be a bad time.) But Syria is weak and next door. To secure its borders, Israel needs to hit the Assad regime. Hard. If it does, it will be doing Washington’s dirty work.”

We turn a blind eye at our peril.