Civil Rights and JUSTICE
On this Martin Luther King Day we are poised between national renewal and national shame. As our hearts beat faster, knowing history is in the making over the next 24 hours, we cannot but look back at the betrayal of Civil Rights these past eight years have brought us. Civil Rights and Justice could summarize the legacy of Martin Luther King. But in our time Justice (read DoJ) has subverted civil rights and human rights and rationalized crimes against humanity that surely would have prompted Dr. King to cry out in eloquent horror and outrage and to call for redress, as surely we must expect it from Obama, once he is sworn in, less than 24 hours from now.
To put it succinctly:
And let us resolve - Never Again.
........................
Update: Closet Luddite (below) noted an error in the post, which I have corrected.
To put it succinctly:
- We are obliged by law to investigate and prosecute war crimes.
- Once sworn in the president has a "Take Care" obligation to see that all laws are faithfully executed.
- bush has admitted he signed off on methods of harsh interrogation.
- Such harsh methods were authorized (in combination) by principals at the highest levels.
- Rationales for subversion of law (both Constitutional, statutory and international treaties) were developed by no less than the bush OLC at the bush DoJ.
- Nancy Pelosi has now called for prosecuting the bush DoJ.
- The new AG and OLC have termed the bush harsh interogations, in particular waterboarding, "torture" and have insisted that we cannot turn our backs on the law.
- Charges against one Guantanamo inmate have been dropped due to "torture" used in the extraction of information.
- Glenn Grewald has laid out the case for why Binding U.S. law requires prosecutions for those who authorize torture.
And let us resolve - Never Again.
........................
Update: Closet Luddite (below) noted an error in the post, which I have corrected.
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NEVER AGAIN. You got that right TheraP.
We really do not know the facts.
What was the extent of the torture?
How many 'prisoners' were sent abroad in some secret prison?
Were any individuals actually killed?
And hundreds of other laws have been broken over the last eight years. Hundreds and hundred have been responsible somewhere along the line.
First we need investigations. And I know we are going to get those investigations.
January 19, 2009 2:23 PM | Reply | Permalink
I think it's a Done Deal. It has to be done. It will be done.
Obama's job is to look forward. DoJ's job is to look backward. OLC's is to make sure Obama does everything to remain within the law.
Amen.
Meanwhile, we can savor the victory! The most improbable trajectory of any president to come to the White House. And every single time I think about that, I catch my breath once again!
January 19, 2009 2:30 PM | Reply | Permalink
DD, people have died during their illegal incarceration. It is something usually whispered when they recount the travesties. I have seen no in depth expose of these fatalities. Maybe they died from unrelated causes. The fact that the circumstances are so under reported and lack any active interest by the MSM is deplorable.
January 19, 2009 2:38 PM | Reply | Permalink
One poster at emptywheel named Mary has posted long, detailed comments which include info on the deaths. It would take some digging to get that, but it's there at emptywheel:
http://emptywheel.firedoglake.com/
Incidentally emptywheel has a post up just now dealing with torture:
http://emptywheel.firedoglake.com/2009/01/19/obama-the-crawford-torture-admission-the-army-field-manual-lie/
January 19, 2009 2:59 PM | Reply | Permalink
I completely agree that it is incumbent on the incoming administration to right the wrongs of the previous bunch of rats by prosecuting violations of the law and exposing breaches of Constitutional protections.
One nit:
The interrogation methods developed at DoD are specified in the Army Field Manual and are not included in what is currently being termed "harsh interrogation techniques".
The controversial techniques (torture) were developed at CIA and other civilian agencies.
That's not to say that I wouldn't consider what's in the AFM harsh...
I guess I'm just a bit touchy about this since it's getting harder and harder to defend my beloved DoD.
January 19, 2009 2:35 PM | Reply | Permalink
Thanks. They were developed at CIA, but I know that DoD authorized them. So I'll take out the "development" part. I appreciate your concern for accuracy.
I'll also put a note in the post that I amended that part.
Thank goodness for the good folks at TPM!
January 19, 2009 2:40 PM | Reply | Permalink
I hope by the end of Obama's time in office we can all hold DoD in esteem once again. I don't blame DoD. I blame Rumsfeld and bushco. You have my great sympathy. We can only imagine the way people from Justice feel as well. What a tragedy!
January 19, 2009 2:41 PM | Reply | Permalink
We try to keep the torch lit... There are good, moral people in all these Agencies and Departments who do their damnedest to make sure no bad policy decisions result in bad outcomes. Sometimes that's not enough. Can't quit now though! There's light at the end of the proverbial tunnel! :-)
January 19, 2009 2:59 PM | Reply | Permalink
I have many friends who worked or still work in govt over many years. These are good people. Day in and day out they perform responsibly. One very good friend of mine who worked for DoD for nearly 40 years recently retired. But was snapped up by some agency that provides research advice to DoD.
I think it might be worth a post, CL, just discussing the high competence and sense of responsibility that is the norm for govt workers at all levels. We need, once again, to recognize and extend our gratitude for those who serve us in public life.
Thanks for yours!
January 19, 2009 3:05 PM | Reply | Permalink
*awww* yer so sweet! :-)
Thank you and you're welcome!
January 19, 2009 3:19 PM | Reply | Permalink
Please let me know if it reads correctly now.
January 19, 2009 2:47 PM | Reply | Permalink
You may recall, the AFM was "revised" after the torture and methods of torture were publicly revealed so that it no longer discussed what could NOT be done. This was right after Rumsfeld's lie filled testimony before the Senate. I cannot remember now if it was the Armed Services Committee or the Foreign Affairs Committee he came before, but nearly every word he uttered was a bald faced lie with respect to what he or anyone in the administration knew about all this.
January 19, 2009 6:31 PM | Reply | Permalink
I am not in love with revisions. But a close examination of the old manual and the new manual might be the best proof of intent.
January 19, 2009 9:19 PM | Reply | Permalink
Check out the post at emptywheel, then. It's by bmaz and has many, many comments and it's - all about the AFM:
http://emptywheel.firedoglake.com/2009/01/19/obama-the-crawford-torture-admission-the-army-field-manual-lie/
January 19, 2009 10:02 PM | Reply | Permalink
Thanks for this, TheraP! I have been feeling more confident lately that an unstoppable momentum toward war crimes prosecutions is building - especially since the release of that Senate report stating clearly that the call for/authorization of torture came from the top of the chain of command, and since Ms. Crawford explicitly used the word "torture" in her decision to stop proceedings against that Guantanamo detainee. But it's not gonna happen unless we keep pushing for it!
January 19, 2009 3:18 PM | Reply | Permalink
I agree with you, tt. DoJ and OLC need our encouragement - as does Obama. But to me it's beginning to look like a train that's leaving the station. Even efforts on the part of bush to pardon anyone - well, pardon them for what? That would only look like admission of crimes to begin with, plus it wouldn't really satisfy international law anyway.
That's why I'm not letting this go.
(I keep wondering what has happened to Synchronicity, who also was very interested in this problem. There are many of us!)
January 19, 2009 3:34 PM | Reply | Permalink
There is little that would make me happier than to see major prosecutions over this torture issue (although, seeing the brilliant mathematicians who invented the financial instruments that have poisoned the global economy - and the greedy people who sold them - drawn and quartered would come a close 2nd.)
I'm all for keeping up the pressure, but I am less sure than you and Arthur that anything will actually come of it. I'm not positive that my evaluation is correct, but I'm getting vibes that Obama's objective is to make sure it never happens again going forward, rather than punishing for what has happened in the past.
January 19, 2009 5:11 PM | Reply | Permalink
Obama has no choice but to see that the laws are enforced. That doesn't mean he personally has to do anything. Indeed he has to do "nothing." It is Eric Holder who will head Justice. And it is our Dawn Johnsen, whose job it is to counsel the president to let justice take its course. He's a Constitutional scholar. He knows the law! And has picked a Legal Counsel who was already on record for pursuing these crimes. That cannot be an accident. Call me naive, but I believe we will see prosecutions. (Follow the Glenn Greenwald link.) And if you have time, go back to that post of mine from a couple days ago and read Dawn's paper. That makes it clear! (to me)
Hope you're enjoying Hawaii!
January 19, 2009 5:21 PM | Reply | Permalink
I am, Thera, thanks! I have read your links, and paid particular attention to those on Dawn...I do hope you are correct. I'm just less confident.
January 19, 2009 5:24 PM | Reply | Permalink
I know what you mean, my dear. I am convinced it must be done. And if they do nothing, they will lose world support and I will feel very disheartened. I hope my expectations prove correct, but if not, it won't the first time. Though honestly I don't know how we can regain our respect within the world. It's not just for us we do this, but for the world.
Again... enjoy your time in Hawaii. (wish I were there... never been there, but it sounds so lovely!)
January 19, 2009 6:57 PM | Reply | Permalink
Thera, after having had a little more time to mull this over, I think what I'm afraid of is the politics of it all.
Obama has a great number of things he wants to accomplish during his presidency. Right now, he has some time when the Repubs are inclined to play nice, relatively speaking (blocking Hillary's appointment for a couple of days was pretty childish!) He may feel like he will encounter perhaps insurmountable obstacles from them if he does what OBVIOUSLY is the right thing to do with those criminals...
Only time will tell...I haven't fully evaluated how I will feel if he decides to go w/ his agenda rather than punishing the last administration...assuming, of course, that he has to decide between the two. Maybe he'll be able to pull off both.
January 20, 2009 5:50 PM | Reply | Permalink
Hopefully it will be a matter of timing SI. We have other more pressing things on our plate right now, but that doesn't relieve us from pursuing any subversion of the constitution. BHO as a constitutional law scholar I think realizes the full implications of not investigating and prosecuting constitutional transgressions committed by the Bush administration. I'm reserving my usual skepticism that some kind of back room deal was cut on this issue, and am hoping for the investigations to begin 'soon enough', but probably following getting something done with the economy/healthcare/war(s).
January 20, 2009 6:02 PM | Reply | Permalink
Glad you're assuming the best here, amigo. Yo tambien!
January 20, 2009 7:20 PM | Reply | Permalink
Tain't nothing going to happen, nothing, nothing, nothing. I wish the Obama administration would move in that direction. Government would be paralyzed immediately and the damage sensible people anticipate would be more limited. I pray they try to have Nuremberg style trials in the first few weeks of this. Twenty four months would be the effective duration of this hideous administration.
January 19, 2009 5:24 PM | Reply | Permalink
Just keep telling yourself that.
January 19, 2009 6:39 PM | Reply | Permalink
tt, now you got me laughing. Your comments are just terrific today.
But this one really has me laughing
January 19, 2009 6:56 PM | Reply | Permalink
I have the impression that this troll is really bringing the TPM community together. Must be really lonely on the outside - looking glum.
January 19, 2009 6:59 PM | Reply | Permalink
Geez TheraP, between my blog which just reproduces lyrics and your blog which gets to the nut of things, this guy is really getting TPM to come together. Oh and LisB also.
I am still having fun. The regular comments are great. but tt, Grouch, Boyd and some others are really hot and some of it is really funny.
January 19, 2009 7:07 PM | Reply | Permalink
Yeah... maybe this guy is just a "plant" to see if we can rise to the occasion! And: Yes. We. Can!
January 19, 2009 7:14 PM | Reply | Permalink
We're all in accord here!! It's just we wish for it for different reasons.
Well, got to get back to Huffpost, had to get banned a couple times to feel out the limits, but that's where it's at. Action's faster. Not a close community like here. I got the global warming hoaxies all riled up now!!! Such fun!! Try it!
January 20, 2009 1:42 PM | Reply | Permalink
You can have it all to yourself. I'm happy here.
Farewell....
January 20, 2009 1:45 PM | Reply | Permalink
Oh, I'm not gone for long. Keep two browsers open. Best to give em a bit of time to seethe after a good barb.
I posted one on a Huffpost fashion thread characterizing Michelle's 'head' in an unflattering way that's got em boiling pretty good.
January 20, 2009 3:12 PM | Reply | Permalink
You need help.
January 20, 2009 3:15 PM | Reply | Permalink
I'd recommend ignoring spric. Just looking at what it writes, there is no central ideology behind it (unlike with SFCWallace and others sympathetic to Republicans here). There is only the desire to annoy. By responding to its comments, you're giving it what it wants.
Just my 2 cents worth. Feel free to ignore me, as well. ;)
January 20, 2009 3:26 PM | Reply | Permalink
Rather then ignore him we should all simply express the obvious need he has for professional help. There is nothing constructive about his posts. It is merely a man on a farm, if his report is to be believed, who desperately needs attention. That is the attention he should receive.
Spric, you need help.
January 20, 2009 5:29 PM | Reply | Permalink
Regarding spric, notice that its comments are almost always two sentences or so, and then we write paragraphs of rebuttle to this "thing" that obviously only wants to stir things up. It isn't interested in ideas or facts, so I vote for ignoring it.
Telling it that it has a problem doesn't really make a dent.
January 20, 2009 8:35 PM | Reply | Permalink
I'm all for ignoring. Let's implement that strategy.
January 20, 2009 8:53 PM | Reply | Permalink
I replied to your question about why we invaded Iraq but you never responded. I guess you're just ignoring me too.
January 20, 2009 9:48 PM | Reply | Permalink
I replied today. Was busy with more important things on the day our new President took office.
January 21, 2009 12:45 PM | Reply | Permalink
Hey! Somebody wake me up the next time '(s)pric' posts anything vaguely resembling a "good barb".
January 20, 2009 6:06 PM | Reply | Permalink
Here here.
January 19, 2009 6:06 PM | Reply | Permalink
Thanks for visiting, debbie. :)
January 19, 2009 7:13 PM | Reply | Permalink
Torture is but the tip of the iceberg when it comes to the prosecutable crimes of Bush and the chief henchmen in his illegitimate regime. Furthermore, not only does US law require the investigation and prosecution of such matters but so too does international law.
Bush's many crimes with respect to those in the custody of US forces were in blatant violation of the Geneva Conventions Article 3 prohibition of torture. But even more importantly, Obama and his administration should put the full weight of the United States Government behind bringing Bush, and all those who assisted him in the planning of the illegal invasion of Iraq, to trial at the Hague as soon as possible. Bush, Cheney, Rumsfeld and all those directly serving them and General Franks should be included in this, participated in the planning and then execution of a war of aggression against a nation at peace with the United States.
This criminal, illegal war has produced the needless and quite pointless deaths of well over 100,000 human beings. Nearly all of those human beings were civilians. Humanity demands these criminals be brought to justice. If there is to be any hope in the future of the earth in the development of peaceful methods of conflict resolution, it must be made clear to those in power that war is not only unacceptable but illegal. From start to finish, the entire invasion and occupation of Iraq by the United States and it's "partners" in crime has been a rolling series of atrocities all of which are utterly shocking to the conscience of civilized men and women.
Those who engage in the bloodthirsty criminal conduct of Bush, Cheney,et al in the future ust understand clearly that the world community will not accept this and that they will answer for their crimes. If we do this, we will have done the entire world and all the humans to come in it, a huge favor. No message could be louder or more effective about the consequences of wars of aggression than prosecuting Bush, Cheney, et al. The war crimes trials in the aftermath of WWII were to serve as that warning but the effect has apparently worn off.
It is high time to arrest, try and dispose of these criminals in accordance with the rules established primarily by the United States in the wake of the atrocities of the German and Japanese war criminals in the 20th Century.
January 19, 2009 6:43 PM | Reply | Permalink
Thank you, oleeb, for that stirring commentary! Once again, it could be a blog in itself and has elevated the thread.
I concur with everything you said.
January 19, 2009 6:54 PM | Reply | Permalink
Now that is Bugliosi's argument.
January 19, 2009 6:58 PM | Reply | Permalink
I appreciate your advice. I rarely respond. It's a severe pathology of some type. And, you're correct, there is nothing served by responding.
Peace be with you. And thanks for the good advice. :)
January 20, 2009 3:34 PM | Reply | Permalink