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Council of Europe: Romania Saw No Evil
According to the Council of Europe's report into the secret CIA prisons, Romania jumped at the chance to host U.S. detention facilities. A week after 9/11, the Romanian parliament approved a measure granting "basing and overflight permissions for all U.S. and coalition partners," which investigator Dick Marty, citing a Romanian source, describes as "deliberately designed to cover aircraft operated by or on behalf of the CIA." Within a month, it expanded its troop garrisoning accord with the U.S. -- known as a Status of Forces Agreement, or SOFA -- to include "anyone declared by the American authorities to be part of the U.S. armed forces, and can present a travel order signed by the U.S. military." In 2005, Romania went even further in accommodating U.S. military and intelligence personnel, signing yet another agreement.
The result, Marty writes, is that anyone "operating under the banner of the United States military have in practice operated on Romanian territory with complete freedom from scrutiny or interference by their (Romanian) counterparts ever since":
In terms of permissions, all U.S. government and aircraft and vehicles are "free from inspection." In addition, an apparently blanket authorization to "over-fly, conduct aerial refueling, land and takeoff on the territory of Romania" is granted to both U.S. Government aircraft and "civil aircraft... operating exclusively under contract to the United States Department of Defense." Indeed, an equally permissive approach is taken by almost every aspect of the agreement, from the "construction activities" undertaken by U.S. forces to the apparently unquestioning acceptance as "valid" of "all professional licenses."
An excellent stance for not knowing what took place at the "black sites."













Sigh... My own birth-country (Poland) probably jumped at the same chance -- to ingratiate itself -- with similiar alacrity...
But you'd need to have lived in one of the USSR-orbit countries to understand. Bush is doing his best to teach USA the 101 of living in an authoritarian regime, but he's still got a long way to go (and may never get there, if the Congressional Dems hold firm)
There was the heady promise of being one of the *Western* gang for a change, and the desire to please and to prove the "worthiness" of being allowed to belong. Don't forget that both Romania and Poland had been trying to join EU and, in '01, all of the original member countries (of EU) were supportive of US' actions (then limited to Afghanistan).
Then, there was the matter of money. US pays well for what it wants, especially when what it wants is, "a leetle bit iffy" (ask Pakistan, ask Kazakhstan, ask anyone). All the post-USSR countries are strapped for cash, and not everyone is East Germany who could afford not to whore itself, because it had rejoined with West Germany.
And, finally, there's still plenty of the old mindset left... According to that mindset, it's OK for the government to decide, without asking the people and,if there's any doubt about the legality and possible people's reaction, it's best to keep a lid on the decisions. If asked questions *anyway*, deny culpability and attack the questioners. Sooner or later, you have fewer people asking questions. Mission Accomplished.
The past 6 yrs, I've been feeling more and more "at home" in that last regard.
Sc "when". As in: when will they ever learn...
June 8, 2007 9:23 PM | Reply | Permalink
Who remembers Pamela Willeford, the US Ambassador to Switzerland who happened to be in the hunting party when Cheney shot his 'friend' Whittingdon in the face?
Back in Bern, Marty had been asking Pam questions about the prisons too.
And in Molly Irvins' column that week, she made a point to tell us that Whittingdon just happens to be an expert on prisions.
I've always suspected that this was the reason for these three to be together on the Armstrong ranch for the quail shoot. The ambassador, the VP, and the prison expert conferring on what to tell the Europeans (Swiss, in this case) asking questions so very close to the truth.
Something was going on, that it took so long to cookup the cover story of how the shooting went down.
June 8, 2007 10:49 PM | Reply | Permalink
Is there no end to the misuse of American dollars. Our funds are used to bribe for anything the Bushies want. Where is the oversight on these projects? I have made these comments on incredulity so many time since these crooks and fools took office.
June 9, 2007 10:33 AM | Reply | Permalink
See no evil. Hear no evil. Say no evil.
Reminds me of the three monkeys.
Evolution going backward.
Except with a nation and the world at stake.
June 9, 2007 2:17 PM | Reply | Permalink
Wow, this "saw no evil" problem in Europe is also in the US legal profession:
http://thenexthurrah.typepad.com/the_next_hurrah/2007/06/shorter_reggie_.html
Lawyers quickly mobilized in America to defend Libby; but when it comes to finding facts about illegal rendition, prisoner abuse, and illegal conduct in Europe, the lawyers are silent.
What's up with that: Why do the lawyers quickly move to defend crimnals like Libby; but when it comes to prosecuting a sitting President outside impeachment, the lazy legal profession claims, "We don't talk" and "We don't coordinate."
The AMerican lawers will comunicate when they want. Looks like the inaction is evidnce of 5 USC 3331 vioaltions. How many lawyers have issued civil subpoenas, as was done with Blackwater, to stifle public discussion of war crimes, Geneva vioations, or other abuse of power?
June 9, 2007 8:01 PM | Reply | Permalink
DoD Counsel Linked With Plan To Ignore Geneva; DoD Counsel linked with Bradford Berenson, Sidley Austin: The lawyers weren't all stupid, though: Some of them actively set down to circumvent Geneva.
Link: Mary Walker and Brad Berenson are both in the Federalist Society.
-------------------
http://www.realcities.com/mld/krwashington/news/nation/17333161.htm
E-mail questions if conservative group was party to plan to fire U.S. attorneys
By Margaret Talev and Marisa Taylor
McClatchy Newspapers
----------------
Report: "The text of the note reads, 'You guys need a good candidate?' Leo goes on to say he would 'strongly recommend' the Air Force's general counsel, Mary Walker. Walker led a Pentagon working group in 2003, which critics said helped _provide the administration with a rationale to circumvent the international Geneva Conventions_ banning torture in the interrogations of terrorism suspects."
Did you catch that: ["provide the administration with a rationale to circumvent the international Geneva Conventions" ] They didn't choose to "ignore Geneva," but they actively [a] reviewed Geneva; [b] found a way to circumvent it illegally; [c] were aware that the plans and orders did circumvent/not comply with Geneva; but [d] did nothing to ensure that illegally activity was ended.
Sounds like some lazy, reckless lawyers have some explaining to do on meetings, plans: To ignore a law, one must know the law; yet lawyers when they knew the law, but act to circumvent the law, are acting with recklessness: Illegal activity with fully knowledge of their legal requirements; but decisions to not do what they should. [Take your pick: Malfeasance, negligence, recklessness as it relates to the oath of office, 5 USC 3331]
Walker has been implicated in leading an effort to circumvent Geneva. isn't that called a plan and a meeting: Why can't the same lazy legal profession that finds a way to _violate_ and _circumvent_ Geneva, not get off its rear end to _enforce_ Geneva through a direct prosecution of a sitting President?
Apparent GOP/WH Counsel/DoD Legal CounselChecklist:
How to Meet, But Not Really Do Anything Useful To Defend The Constitution
[ ]A. Lawyers meet, create plan to ignore Geneva; [Check]
[ ]B. Illegal activity approved; [Check]
[ ]C. Lawyers find evidence of Geneva violation [Suppressed, target people talking about war crimes with civil lawsuits/subpoenas]
[ ]D. Lawyers meet to create an indictment; [Cancel]
[ ]E. Lawyers work together quickly, within 72 hours, as was done with Libby defense, to prosecute a sitting President. [Feign stupidity, violating 5 USC 3331, requirement to fully assert their oath.]
Lawyer Mary walker knows about circumventing Geneva, prisoner abuse, and Geneva violations: She apparently wrote the manual on how to do it. Doesn't this name-mentioning-problem amount to a fatal assertion by Walker that she's been implicated with war crimes; but the lazy legal profession has no plans to use her involvement to prosecute the President?
For more about lazy American lawyers who planned, met, and organized to violate the law; but have no plan to plan, meet, and organize the enforce the law or prosecute a President:
Fatal Links Between Berenson, DoD's Walker, and Rendition:
Want to know how third party data capture system work? Here's the link between Mary and Bradford Berenson at Sidley Austin on the issues of Geneva, war crimes, rendition, prisoner abuse. It's in the F:Drive
F:\...\09 Clark Master e. [PFP#361873233]
F:\...\09 Clark Master d. [PFP#361698524]
[Leahy, Waxman, Member of Congress Subpoenas: Do a search of Berenson, Walker, and the PFP numbers above. There are more documents, outside American control. ]
June 9, 2007 8:25 PM | Reply | Permalink
But it gets better, look who has a real problem explaining these Eastern European detention centers, lack of prosecutions, but their apparent link with the DoD General Counsel.
That's right, the very people who would have us believe "this is all classified" and "we can't talk about this."
-----------------
Mary Walker is with the Federalist Society. Guess who else is; and which [practice group/meeting group/committee/interface body/exchanger of legal ideas] relates to prosecutions?
Exhibit 1, for identification purposes only in this TPM thread.
"A Group of People That Supposedly Meet to Discuss Legal Issues, Prosecutions"
1A. Criminal law: The Federalist Society - Criminal Law Practice Group:
1B. Name listed: Mr. Bradford Berenson Sidley Austin Brown & Wood, LLP
www.fed-soc.org/publications/id.349/default.asp
Exhibit 2, for identification purpose only for lazy lawyers in the legal community:."An address"
The Federalist Society - 1015 18th Street, NW - Suite 425 - Washington, DC 20036
www.fed-soc.org/publications/id.349/default.asp
Proven:
1. Berenson is linked with the Federalist Society;
2. They had committee meetings, minutes, records, and other things related to prosecutions;
3. Walker and Berenson were the same members of the same organization;
It stands to reason:
A. There are meeting minutes, memos, and other memoranda which Mary Walker created, reviewed, and shared with her friends at the Federalist Society;
B. The memos which Berenson on PBS Frontline admits to having reviewed, seen, or had access indirectly to suggest Berenson did review through sources at the Federalist Society the very briefing notes, plans, and others things DoD's Mary Walker was discussing; and
C. There is evidence that the criminal law practice group at one point did consider the issue of indictments, prosecutions, and other legal implications of Geneva violations; but did convince themselves this could be hidden, as evidenced by Berenson's assertions on PBS Frontline that they fully expected the memos never to see the light of day. [Fatal Assertion that there were memos drafted with a naive belief; no longer protected, but disclosed records; allegedly linked with war crimes through common people, organizations, committees, disclosed meetings, and ppt slides.]
-----------------
Congressional Subpoena for Berenson in re alleged war crimes planning by DoD/DoJ/WH Counsel:
A. What is your knowledge of Mary Walker; how many ppt slides did you receive; which meeting minutes do you have or reviewed that contained both your names on the attendee list; your interactions while with the Federalist Society; is anyone saying that "criminal law" has no relationship to prosecutions; how does a practice group that studies/shares ideas/has meetings on "criminal law" not have any discussion on prosecutions, or alternatives to impeachment when the law is not enforced?
B. What meetings did you attend with Walker or others in the WH Counsel's office to circumvent Geneva;
C. How can there be "meetings" to discuss ignoring Geneva, yet some would have us believe "we can't talk about this" and "this is a secret meeting"?
D. Who is saying that illegal activity to violate Geneva is something that can be lawfully classified/hidden?
E. What is your explanation of ORCON that prohibits classification of illegal activity?
F. Why does the Federalist Society have a practice group on Criminal Justice, but we apparently have complete ignorance from the legal community of what to do when impeachment is not used: Why isn't the Federalist Society leading the charge to issue indictments, and prosecute a sitting President?
G. The Libby Sentencing Court was quick to see that the Libby Legal team quickly mobilized almost a dozen lawyers to quickly defend Libby, but to no avail. Yet, the same "speedy" meeting did not occur to prosecute a sitting President; or work with state AG's to issue indictments against the President. Is there a leadership problem in the Federalist Society, or is this alleged recklessness in re 5 USC 3331 just isolated to Sidley Austin?
H. It's not looking good for Berenson: His name has surfaced again; there were meetings to ignore Geneva; and Berenson's name is on documents outside the US Control. Does Berenson have any explanation for why counsel linked with the Federalist Society can move quickly; but on other days, when the weather is less favorable, suddenly it becomes "difficult" to move, and there is no "interest" to ensure that a sitting President is prosecuted for illegal activity in Europe?
J. Can you explain why lawyers are quickly moving to defend Libby and having meetings to discuss issues; but apparently incapable of meeting to discuss prosecuting a sitting President?
K. Why should anyone believe, in the wake of revelations linking Mary Walker to the Geneva violations planning, that there is credible leadership at Sidley Austin, the Federalist Society, or the American legal community to ensure that the 5 USC 3331 oath of office obligations of counsel and elected officials is fully asserted?
L. Is there any explanation how this level of illegal planning, abuse, and recklessness by counsel [as reported in re Mary Walker, Geneva] could not attach itself to counsel through 5 USC 3331; and the rules prohibiting counsel from being associated with war crimes and other illegal activity?
M. Is there any defence that anyone at Sidley Austin, or the Federalist Society to justify any reason why counsel linked with this decision to ignore Geneva should not be prosecuted for war crimes, with the VP and President?
N. When Berenson, the President, and VP was aware of this illegal war crimes planning by Mary Walker to ignore and not enforce Geneva as required under Geneva Article 82, was the President quickly to document this concern; or did he block the DOJ OPR from reviewing the planned illegal activity: What was Berenson's reaction; or did he feign stupidity, pretending that he didn't catch that memo, briefing, or memoranda?
O. Is someone saying that Mary Walker and Brad Berenson never exchanged any ex-mails through the RNC e-mail server; yet Berenson seems to know enough about Ralston's e-mails sent through the RNC e-mails?
P. Boeing has been implicated in alleged war crimes through their subsidiary, which is alleged to have been instrumental in transporting prisoners through the "extraordinary rendition" program. What knowledge did Mary Walker have of the Sidley Austin audit of Boeing; and did Walker and Berenson discuss the Sidley Findings of Boeing; or was this discussion between other people?
Q. How many e-mails did Berenson review through the RNC e-mails that were sent from Poland and Romania discussing the "process" of the interrogations, and Berenson fatally disclosed he was aware in the PBS Frontline pieces; did Berenson "not" get any feedback; from Poland or Romania, but just some abuse at Guantanamo; or was there something else on NAVAL ships and other communication systems involving the Central Security Service [NSA] which Berenson has not disclosed he was informed, as it relates to Mary Walker's involvement with Geneva-circumvention-violations-planning, as reported in the open media?
June 9, 2007 9:03 PM | Reply | Permalink
Indeed, there must be some lazy lawyers who are whining, "But what does Eastern Europe have to do with the US Atty firings?"
The answer, stupid attorneys, is Mary Walker's fatal disclosures, as reported:
QUOTE: "The report was compiled by a working group appointed by the Defense Department's general counsel, William J. Haynes II. Air Force General Counsel Mary Walker headed the group, which comprised top civilian and uniformed lawyers from each military branch and consulted with the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency and other intelligence agencies. It isn't known if President Bush has ever seen the report. A military lawyer who helped prepare the report said that political appointees heading the working group sought to assign to the president virtually unlimited authority on matters of torture -- to assert ‘presidential power at its absolute apex.'"ENDQUOTE
Ref:
http://www.commondreams.org/views04/0614-03.htm
See the key words: "political appointees heading the working group sought to assign to the president virtually unlimited authority on matters of torture"; just as the President wanted "unlimited" authority to engage in illegal activity; so too did the same President want "unlimited Authority" to hire and fire legal counsel without Senate oversight.
For those of you you missed the Frontline Piece with PBS, Berenson repeatedly stated he had access to memoranda, briefings, and others things. Today's revelations on Eastern Europe means that there were reviews, Status of Forces Agreements, and other things.
QUOTE:General Counsel Mary Walker headed the group, which comprised top civilian and uniformed lawyers from each military branch and consulted with the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency and other intelligence agencies ENDQUOTE
A. Once White House counsel reviewed these issues with DOJ OLC, did Berenson send an e-mail to the working group?
B. Which intelligence personnel that Mary Walker coordinated on did Berenson also interface with?
C. When during this briefings did it enter Berenson's mind that the group was apparently actively planning to ignore Geneva, not simply stretch it?
D. As these memos were floating around between Mary Walker, intelligence, OSD, and presumably Berenson -- who admits in the Frontline Piece that he read a memo and attending a briefing with "intelligence" types -- when did it occur to the WH Counsel that the "right" people to talk to wasn't the DOJ OLC, but the JAGs?
It's all well and good for civilian lawyers to feign stupidity on legal matters. What's worse is when they actively plan to circumvent legal requirements; then do nothing as the abuses mount. We don't know for sure how long the abuses in Eastern Europe were occurring; or when Berenson knew, or should have known, that he legal services/attendance at meetings was being used to hide illegal activity from Congress.
But what we do know is this: If you compare the Frontline piece of PBS that Berenson openly discusses information flows, and compare this with the open meetings and memoranda which Mary Walker was involved, it's as if we're connected two halves of the same broken egg. Look at the issues, they seem to compare nicely between what Berenson and Walker are linked:
A. Intelligence officials;
B; Federalist society criminal justice practice area;
C. Rendition
D. Stretching the laws of Geneva;
E. Communicating openly with planning issues with expectation that the planning would never be revealed.
I submit that Mary Walker and Berenson were if not directly, indirectly actively coordinating on the same planning documents; and in attendance with the same meetings; or knew of common people who they both knew that were involved with the Eastern European rendition planning. To ask that they had no connection despite their open, fatal, and consistent remarks along this many different lines of evidence asks that we believe this is chance. Not convincing.
It's more likely that there are active notes of this decision to circumvent Geneva -- as reported in re Mary Walker -- and this is what drove the Senate to stop DoD GC Haynes from being approved; and what got in the way of Keisler's nomination who is with DoJ. I argue that Berenson is most likely in the middle of this planning, if not actively endorsing the plans. Whether he's adjudicated with war crimes remains to be seen. But what we do know is there is too much interest, concern, and attention to these rendition issues; and not enough attention to the other similar planning that should have been balanced with prosecutions of a sitting President.
The more we dive into the Eastern European detention centers, and revelations from Poland and Romania, the more lines of evidence link Berenson with the DoD planning group. Whether he was involved, indirectly aware, or on the periphery remains to be seen> What we do know is that Berenson has an apparent witness-impeachment problem: He asserted that eh "believed" something, which Comey appears to have contradicted; raising the prospect that Berenons's assertions about what he "believed" were not real beliefs, but retroactively crated.
Mary Walker's assertions about plans to circumvent Geneva, the Eastern Europe3 detention issues, Berensons' fatal disclosures on his knowledge of these briefings, and the connection between Walker and Berenson through the Federalist Society appear to form too many lines of evidence that can be dismissed. Rather, it's more likely that there are more common threads, evidence, especially as it relates to evidence of other illegal activity and things we have yet to be told.
Quit messing around with Berenson. Time to issue a subpoena and haul him into Congress to compel him under threat of jail time to explain his apparent inconsistencies in what he believed; vs. what is most reasonable in light of Comey and Mary Walker's statements. There was illegal planning not just for FISA violations, but also for rendition and Geneva. There's one name that keeps surfacing: Brad Berenson. Time for him to get called to Congress under penalty to perjury and respond.
June 9, 2007 9:35 PM | Reply | Permalink
Not only is the US goverment allegedly linked with Blackwater through rendition; but Blackwater has been allegedly implicated in Rendition flights, apparently connected with the Boeing Susidiary:
http://www.afterdowningstreet.org/?q=comment/reply/23466
Does Blackwater have clean hands; or is there more to the story why they appare to hope to suppress evidence in re alleged war crimes, prisoner abuse, and illegal warfare?
June 10, 2007 6:52 PM | Reply | Permalink
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August 9, 2007 11:30 PM | Reply | Permalink