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Bush: Limiting CIA Interrogations "Could Cost American Lives"

From President Bush's radio address today, where he announced that he'd vetoed the Senate authorization bill, which would have effectively outlawed waterboarding and other "enhanced interrogation" techniques for the CIA by limiting the CIA to the Army's guide for interrogations, the Army Field Manual:

The bill Congress sent me would take away one of the most valuable tools in the war on terror -- the CIA program to detain and question key terrorist leaders and operatives. This program has produced critical intelligence that has helped us prevent a number of attacks. The program helped us stop a plot to strike a U.S. Marine camp in Djibouti, a planned attack on the U.S. consulate in Karachi, a plot to hijack a passenger plane and fly it into Library Tower in Los Angeles, and a plot to crash passenger planes into Heathrow Airport or buildings in downtown London. And it has helped us understand al Qaida's structure and financing and communications and logistics. Were it not for this program, our intelligence community believes that al Qaida and its allies would have succeeded in launching another attack against the American homeland....

If we were to shut down this program and restrict the CIA to methods in the Field Manual, we could lose vital information from senior al Qaida terrorists, and that could cost American lives.

Nowhere in his speech did Bush mention waterboarding, only at one point alluding to it: "The bill Congress sent me would not simply ban one particular interrogation method, as some have implied."

There are a number of Dem responses to the veto. Reid emphasizes that "the President has substituted his own judgment for that of dozens of bipartisan military and foreign policy experts – including Gen. Petraeus – who agree that torture is counterproductive." Feingold, a member of the Senate intelligence committee, says that the CIA's program is "morally reprehensible and legally unjustified and it has not made our country any safer."

But Senate intelligence committee Chairman Jay Rockefeller's (D-WV) response is the closest to a direct refutation of Bush's claims about the success of the CIA's program:

“The CIA's program damages our national security by weakening our legal and moral authority, and by providing al Qaida and other terrorist groups a recruiting and motivational tool. By continuing this interrogation program, the President is sacrificing our strategic advantage for questionable tactical gain.

“As Chairman of the Senate Intelligence Committee, I have heard nothing to suggest that information obtained from enhanced interrogation techniques has prevented an imminent terrorist attack. And I have heard nothing that makes me think the information obtained from these techniques could not have been obtained through traditional interrogation methods used by military and law enforcement interrogators. On the other hand, I do know that coercive interrogations can lead detainees to provide false information in order to make the interrogation stop.

“Our government needs to have clear standards for interrogations, and that standard should be the tried and true methods in the Army Field Manual. These methods have been used by military and law enforcement interrogators for decades, often in life and death situations on the battlefield and in counter-terror investigations.

“The President is out of step with Congress, the American people, the world, and our own national security requirements. While disappointed, I remain committed to bringing all U.S. interrogation practices under the rule of law."

Another perspective from Senate Judiciary Committee Chair Patrick Leahy (D-VT):

As I have said all along, the provision adopted by both the Senate and House of Representatives was not needed to outlaw waterboarding or other forms of torture. Such techniques are already clearly illegal. However, this administration has chosen to ignore the law. The positions that they have taken publicly on waterboarding offend the core values of this nation, and have the potential to threaten the safety and wellbeing of Americans around the world. I supported this provision because a clear, public rejection of those positions was – and still is – needed.

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Bush just mentioned (4) incidents in which these tactics were utilized. Weren't there only (3) admitted to previously?

We now have absolutely incontrovertible evidence that George W. Bush is a war criminal. It is one thing to allow your underlings "latitude" while maintaining some kind of plausible deniability. It is a whole other matter to verbalize your support for torture through the veto pen.

As a veteran having served ten years in the US military I had always fantasized about one of my kids one day attending a US service academy. The US Naval Academy, West Point, Air Force or Coast Guard, any one would do, though I certainly have my preferances.

That was until the passage of the Military Commissions Act of 2006 when that dream was snatched away from me by George Bush and company. I was forced to reconsider a long held belief and tradition in my family. On the brighter side , it has made for one less agrgument with my wife, who has never fantasized about either of our children in military service.

The most recent developments have only strengthened my resolve that this president and his administration know absolutely nothing about waging a successful military campaign or maintaining its legitimacy with those sacrificing their lives in defense of the same.

Good luck to US all.

Thank you for your service and your honesty.

There are reasons to be concerned that the administration's use of renditioning and detaining of prisoners may be far more extensive than is publicly perceived. Details are being spelled out at http://timelikethis.blogspot.com/

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Does anyone know if we have enough people willing to override the veto? I mean, it would be pretty easy to attack Bush supporters on this one, torture isn't the easiest thing to defend. How many Repubs could we get to cross the aisle?

The issue isn't just torture. If enough of the GOP would cross the aisle on torture, it's possible they could cross the aisle on impeachment.

Ok, wait a damn minute here. Said Senator Leahy:

"Such techniques are already clearly illegal."


OK, so why is no one being arrested for it? Is it the fact that the Justice Department is part of it? Is there actually no such thing as law enforcement in this country when it would conflict with the interests of the DOJ's administration?

Such a case would suggest that ours has always been a despotic government that just works on the honor system.

Maybe Europe should step in and make the US safe for democracy. God knows I'd support them.

How do you know when your own government is working against you? The North Koreans think they're better off than anyone else. Perhaps being told, or believing, that you are in a democratic country is the surest sign that you are not.

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First to Gotkids: You can't see it, but I'm saluting you for yuor service. Thank you.

Second, to answer Anna S's question, overriding a presidential veto requires a 2/3 majority vote in both chambers of Congress. While the Democrats may have the numbers in the House, they barely have a majority in the Senate. Overriding this veto would require a great many Republicans to cross over, but given that Republicans showing more loyalty to party than duty to the American people, I expect this veto will stand.

Seconding thanks for your commitment to the country and honesty!

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Don't throw Jay Rockerfeller at us as a stand-up guy because he opposes torture...

This is the same a**wipe who's pushing Telecom Immunity through the Senate with a little help from his Blue Dog friends on the Dem party.

I loathe this man almost as much as I have grown to loathe my own Senator Feinstein!

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I guess that means it's OK for these terrorists to waterboard our guys, too.

http://OsiSpeaks.com or http://RealConservativesSpeak.com

I would like to reiterate the observed hypocrisy of Senator Leahy using the word "illegal" while the words "resignation" and "impeachment" have yet to cross his lips.

I'm not sure he's worth his salary paid by my tax dollars.

In fact, I'm not sure I can continue to pay my taxes in good faith if they're going to be used to commit international crimes against humanity.

Even today I'm astonished at Bush's stupidity.

There was one telltale sign here however that really solidified it for me the other day. Jon Stewart seems to have been the only person pointing this out, but Bush apparently is not even aware that gas prices are about to hit 4 dollars on average.

It's gone from stupidity and ignorance at this point to living in a vacuum. What else doesn't he know? How preoccupied with war and terrorism is he that he's completely missing reality here?

Notice he said "could", as in "it may not, but it could backfire"

Limiting CIA Interrogations "Could Cost American Lives"

Indeed, using torture could backfire, and make the enemy less likely to surrender. When the US invades and captures POWs, combat losses are lower when the US can induce the enemy to surrender, believing they will be humanely treated. POW abuse, whether it is overt torture or CIA mistreatment, will energize the enemy to fight to the death, rather than risk capture. The more the US keeps POW abuse on the table, the greater the US combat losses will be during wartime.

If the President were serious in asserting POW abuse could "cost" American lies, he'd say that "not using torture" will result in higher US combat losses. He didn't say that. He knows or should know that POW abuse will result in higher combat losses. The President's legal advisors and speech writers have got it right: Things could happen. The opposite is more likely to happen: Adverse consequences. It is reckless for this President not to agree to be bound by Geneva. There is no reason to take his speculation seriously.

The President says he wants to support the intelligence community. He is reckless in refusing to approve a bill which reaffirms the American values of treating humanely combatants who have been taken out of the fight. Until then, foreign forces have fair notice that they could be subject to abuse while detained as a POW. They are less likely to surrender, and more likely to not care how many casualties they inflict on American fighting men and women. This commander in chief is a threat to the safety and security of the American fighting men he supposedly leads. He has brought discredit upon himself, is leadership as Commander in Chief, and the United States.

Notice the similarity of the sweeping statement the President is making about POW abuse, and the illegal surveillance. In both cases the President is incorrectly asserting that if he is forced to comply with the law, the United States will be less secure:

The bill Congress sent me would take away one of the most valuable tools in the war on terror -- the CIA program to detain and question key terrorist leaders and operatives.

It is reckless for this President, his legal advisors, and the GOP to assert "legal compliance means the US is less secure." The opposite is true: When the United States restrains itself, works within the law, it is respecting combatants who have been taken out of the fight. Those who are respected are more likely to cooperate.

This President would ask that we keep the option to abuse POW on the table, and pretend that that will enhance US security. No, each abuse will inspire others to take up arms and confront American lawlessness. It would be preferable if the Congress were to confront this President's confrontation with the rule of law; as opposed to this President demanding foreign forces use military forces to confront this lawless violation of Geneva.

This is an assertion, which is dubious:

This program has produced critical intelligence that has helped us prevent a number of attacks.

The President has provided no information to justify his assertion; nor has he made the case that the information gleaned was accurate or reliable; or that specific attacks were prevented because of that specific information.

The President is making sweeping assertions, but not providing a basis to justify confidence in his assertion.

This assertion was discredited as a fabrication. The entire plot was shown to be an illusion:

a plot to hijack a passenger plane and fly it into Library Tower in Los Angeles

Notice the key word in this assertion: "Belief" or "Believes". Notice what the President is doing as was done with the Iraq WMD: He is not asserting a fact, he is re-reproting a "belief". This statement is designed to assert something, but be legally saying the opposite:

Were it not for this program, our intelligence community believes that al Qaida and its allies would have succeeded in launching another attack against the American homeland....

- Why is the President talking about the "intelligence community belief", and not mentioning his "knowledge" or "decision"? He is changing the subject and basis of evidence, as was done with the Iraq WMD. He is not saying this to assert a fact, but to imply one thing; but later be able to say, "I never said that it was true, I only said that someone believed it." Then call him on his faulty beliefs now.

- Why isn't the President showing us specific reasons and evidence, rather than pointing to "belief"? Because the issue isn't whether there are "grounds" for his belief; but whether there is any defense for him to violate GEneva and commit illegal abuse against POWs. There isn't.

If the President and intelligence community believes POW abuse is a "good thing," does that mean we can ignore Geneva? No. It means the President's beliefs are not a foundation for national policy, nor leadership.

Notice this waffling statement, again just as was done with the Iraq WMD: "Saddam could . . ."

If we were to shut down this program and restrict the CIA to methods in the Field Manual, we could lose vital information from senior al Qaida terrorists, and that could cost American lives.

Again, we've already addressed above the issue of "costing" American lives: Ensuring POWs are treated humanely will do the opposite, and save American lives. As to the first "could," the President did not say "will lose" or "shall lose," but "could lose."

- WHy is the WH counsel not willing to support an assertion of "Shall lose" or "Will lose"? Because they know, or should know, that POW abuse would likely result in the opposite: Substantial blowback against US combat forces; and a degradation of US foreign policy and overseas alliances and support.

Also notice, the President is saying "shut down this program" as if the CIA will be blocked from conducting interrogations. No, that is incorrect, as the President recklessly said with the illegal NSA surveillance. Nobody is arguing that the CIA should be blocked from engaging in covert activity; only that they be compelled to conduct that activity under the laws of war. If the CIA will not voluntarily constrain itself, no other nation needs to honor the same principles the CIA and this President ignores. That is lawfully permitted under the principles of reciprocity and retaliation.

The reason POW abuse is illegal is that it unfairly subjects POWs, who have been denied a chance to defend themselves, the ability to respond when they are abused. That is inherently barbaric: To capture someone, strip them of their weapons, then subject them to combat-like conditions, but deny them a chance to defend themselves.

Reid emphasizes that "the President has substituted his own judgment for that of dozens of bipartisan military and foreign policy experts – including Gen. Petraeus – who agree that torture is counterproductive.

No, Senator Reid, the issue isn't that something is "counterproductive", but that it is illegal because it is barbaric. No civilized nation would go to war on the claim of defense of innocents; then capture people and detain them as POWs; but then abuse them while they had no means to defend themselves. Once the US captures POWs, they are non-combatants, out of the right, and subject to US protections. If this President and Congress will not agree to meet that legal obligation, then the President and Congressional leadership are communicating they have no intention to comply with Geneva. That isn't a defense or lawful policy, but a subsequent violation of the laws of war which can be entered into evidence.

If Congress refuses to override this President's veto, it cannot say, "We were unable to make the US government follow Geneva." No, the law exists. Whether the Congress can or cannot make the President agree to that standard with a new law is meaningless. THe way forward is to to trying to make the President agree with the laws of war by passing new laws, but to enforce the existing Geneva Conventions.

This legislation is a half-measure, short of the needed impeachment. Congress should stop attempting to legislate Presidential compliance, and legislate prosecutions through impeachment. The only reason for Congress to support this bill is if they have evidence showing the President and others violated Geneva. The energy behind debating this bill should be spent on debating articles of impeachment during the conviction/trial phase in the Senate.

The Senator is commenting on the lack of information he's could be provided in secret, but has not been given:

I have heard nothing to suggest that information obtained from enhanced interrogation techniques has prevented an imminent terrorist attack.

If the President's assertions are true -- that there "is" evidence that POW abuse makes the US safe -- why hasn't he provided that information in secret to the Intelligence COmmittee?

The only reasonable answer: The President is pretending he has information which does not exist; and he will not reveal in secret things to the Senate things he knows or should know have been fabrications. This is more evidence the President is lying about war crimes, Geneva violations, and laws prohibiting POW abuse.

Where there is no action that prevents an "imminent" attack, there is no information linking US combat actions and an imminent attack on US forces or citizens. Without an "imminent threat," there is no basis for the President to use combat forces. The President has been indirectly charged with waging illegal warfare, and using US combat forces where there was no imminent threat, as Geneva requires.

It is the job of the President to ensure the forces under his commander are managed under Geneva. This President asserts he is not bound by the laws of war. Senator Leahy is dancing around the issue. The question isn't whether the President will or will not agree to be bound by new law; but whether the President will accept that the existing laws prohibit what he's already permitted: Illegal war crimes:

As I have said all along, the provision adopted by both the Senate and House of Representatives was not needed to outlaw waterboarding or other forms of torture. Such techniques are already clearly illegal.

Notice Leahy is saying the POW abuse methods were "already illegal". Congress doesn't need to pass new legislation. It needs to enforce the existing law against the President. This President will not agree to be bound by the laws of war. He has no choice. The President's veto is evidence that he will not recognize Geneva constraints, nor agree to be bound by them, despite his oath to the US Constitution and all treaties as the Supreme Law.

Congress should stop debating bills and debate this President's war crimes during the conviction phase in the Senate. Make the GOP SEnators justify for perpetuity their decision not to enforce the laws of war against the United States President. They will complain. Let them go on the record that they have mental reservations about enforcing the laws of war: That is a subsequent violation by the Members of Congress and shows they are not fully asserting their oath of office. This is a problem for the GOP to wrestle with, not for the DNC to help the GOP avoid.

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Now that the truth is out there, let the word go forth. Without conservatives there would be no torture. W's veto is complete, absolute and irrefutable proof of this simple fact.
We have been told "they hate us for our freedoms" and "they worship a culture of death." What we did not know was conservatives were talking about themselves. Every time W wants another one of our civil liberties it's conservatives who insist you won't miss that right, you don't need it anyway and besides, point to one person who has been hurt by the lack. When you consider that conservatives love torture and the death penalty the truth becomes clear. It is conservatives who have a culture of death. And it is conservatives who hate us for our freedoms.

CIA's Gen Hayden is a uniformed military officer. Her knows or should know that he cannot lawfully order any CIA officer to violate the laws of war.

Soyster also noted that the three-star commander in Afghanistan confirmed that the Army Field Manual “gives him everything he needs.” From

I get concerned when I read a circular argument: "If Bush was doing something illegal, Congress would impeach him; Congress isn't impeaching, so he must be doing things legally."

Why aren't they more vigilant in their oversight? Pete asked me, "If Bush is breaking the law, why aren't they impeaching him?" From

If Members of Congress do want to impeach the President, they can remove Pelosi as Speaker, and make way for that impeachment.

I would be nice to waterboard Buch and Channey to get the real truth on Channey"s envolvement with Enron, was Bush asleep at the wheel or was he involved with 911 attack, why he didn't tell Comgress the truth that came out in the 911 Comissionusing,using the Pattriot Act for data mining or political cheeting, being wired in a debates, or how much drugs he used in college. .

How will Clinton ever be able to make a principled demand for transparency by the Republicans when she is hiding so much about herself?

Petition Clinton to disclose her tax returns. In the comment section suggest asking that she please also disclose her records as First Lady and her and her husband's $500 million charity which also employed some of their key campaign staffers and received tens of millions in donations from their top campaign donors.

http://www.petitiononline.com/hcinctax/petition.html

i hate m
Sir oR Madam -more probably troll -please to refrain from asserting any criminal violence against any individuals including "Buch ,channey " on our TPM community thread - we need not give any credence to the right wingers when they say we are 'liberal fascist " that being one of the latest red herrings jONAH Goldberg is peddling - Also since we can assume our NSA and many other agencies are doing the total awareness data mining that Poindexter was proposing then when can also safely assume that the phrase "WATERBOARDING BUSH about alleged drug use & war crimes" clearly will put us here on this thread even more in the crosshairs of whomever is surveilling these sites.
So "i hate m " aren't you really a troll, and aren't you really trying to get this site on some "gummit" list of usual suspects ??

If GW think that the public is going to take his word or accept his policy of WATERBOARDING, he is more than an idiot or a MORAN, He is DELUSIONAL!

I hope these next 9 months zip by before this fool stain us so much that it will take a generation to repair it.

Coachslife

Senate intelligence committee Chairman Jay Rockefeller has zero credibility in my book.

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I suggest that George W. Bush and his V-P, Dick Cheney be subjected to 'enhanced interrogation methods' including waterboarding, until they tell the American people what the February, 2001, Energy Task Force Conference was about including the agenda and what decisions were made; and they oughta continue such interrogation until the White House accounts for all the 'lost e-mails' which might help explain how this country got into such a dismal mess in just eight short years.

I just hope that the new administration will not block extrication for these war criminals by any Old Europe country with civilized laws.

So, our President goes on the radio and declares himself a war criminal. (Not that those of us who pay attention didn't know it already.) Our Congress does nothing but bleat impotently. If the first act of President Obama or Clinton isn't to order the arrest of every official in the Bush administration, that's pretty much going to be the end of the American experiment.

Impeach, investigate, incarcerate, impoverish

testing ,
Can we use the president's radio address as primafacie evidence that the Geneva Conventions have been violated ? If so how do we get a referral to the appropriate venue -would it be the Hague ?
This is a fight for the heart & soul of who we are as Americans -our fundamental values.We need to make this part of the national campaign debate in the 2008 election cycle. Senator McCain has already joined President Bush in his support of war crimes committed in our name - now we need Obama & Clinton's position stated on whether the USA should be a rouge nation ,that flaunts its lawlesness ...

Al,

You asked:

Can we use the president's radio address as primafacie evidence that the Geneva Conventions have been violated ?

Let's look at his comments in the radio address:

This program has produced critical intelligence that has helped us prevent a number of attacks.

Also, consider this language, which openly admits there has been something unusual:

The main reason this program has been effective is that it allows the CIA to use specialized interrogation procedures to question a small number of the most dangerous terrorists under careful supervision.

It doesn't matter that the target of those interrogations were asserted to be "most dangerous"; the issue is the methods and whether they violate Geneva.

The army field manual constrains US combat forces to only lawful procedures, and prohibits all abuse. This quote suggests the President wants to go beyond what Geneva permits, and has used these techniques/prisoner abuse. By definition, "prisoner abuse" -- regardless whether it is or isn't torture, special or enhanced -- violates Geneva, and is an alleged war crime:

If we were to shut down this program and restrict the CIA to methods in the Field Manual. . .

This is false, in that the AUMF did not permit illegal POW abuse; nor did Congress permit war crimes:

This would end an effective program that Congress authorized just over a year ago.

All "progarms" which rely on POW abuse and Geneva violations cannot be lawful, cannot be permitted, and are not part of an approved program. They are war crimes.

As to your second question, that referral has been made:

If so how do we get a referral to the appropriate venue-would it be the Hague ?

The Hague has assumed that the US courts would adjudicate these matters. When The Hague determines that the US courts are not enforcing the laws of war; and the US Congress is not impeaching for violations of Geneva, then The Hague/ICC would have a legal basis to trump the US courts. To date, it has accepted evidence, continues to accept evidence, and remains watching the US legal procedures in Congress and the US courts.

If the US will not assent to Geneva, does not prosecute, and will not permit ICC/The Hague jurisdication, then it appears the only check on illegal US violations of Geneva would be retaliatory or reciprocal violations, as are permitted under Geneva.

The question becomes: Does the Congress, through inaction or blocking investigations, become complicit with that original conduct; and does it have a duty to investigate and impeach war crimes? The Tokyo War Crimes Tribunal and Nuremberg did prosecute civilians who refused to do what they should have done. It is foreseeable that individual Members of Congress are prosecuted for refusing to enforce the laws of war against the President.

This letter to the NYT by CIA public affairs complicates the White House counsel's job in defending the President. The editorial contradicts the President's assertions that he's doing all that he can, and raises issues warranting media follow-up with CIA personnel who cannot claim privilege.

The objective of the President surfaces in the editorial: To keep the legal issues of of court. Rather than rely on case law or legal citiations showing that CIA prisoner abuse is legal -- which do not exist -- CIA Public Affairs relies on DOJ legal opinions.

their lawfulness has been confirmed by the Justice Department.

That DOJ has stated something is "lawful" is meaningless, unless that legal opinion is consistent with an appeals court opinion. The CIA public affairs office fails to discuss case law; or provide any basis to believe that a DOJ "confirmation" means anything. Recall, DoJ "confirmed" that the NSLs, NSA surveillance, and other war crimes were "lawful," despite Geneva prohibitions, FISA, and US statute.\

There's a core problem with the CIA public affairs letter: It implicitly argues that DoD is not using all lawful options under Geneva. This section of the letter recasts the President's statment to Congress in a new light:

As the C.I.A. director, Gen. Michael V. Hayden, has said, the Army Field Manual meets the needs of the American military services and is sufficient for their purposes.

But it does not exhaust the universe of lawful interrogation measures available to the Republic to defend itself against hardened terrorists — techniques not useful or suited to the Army’s circumstances but fully consistent with the Geneva Conventions and with current United States law.

This asks that we believe DoD is "not" using all Geneva-permissible options. THis makes no sense. DoD would never "not" use a lawful option. The opposite is more likely true: CIA is using a method which DoD says violates the laws of war; and the Army Field Manual uses all lawful options, and has removed any illegal options.

Followup for CIA/DoD Public affairs, White House public affairs, and the President's legal counsel:

- The CIA publc affairs letter to the NYT asserts that there are some options which DoD is not using; and/or that the CIA is doing things which DoD is not doing. Is it the President's position that DoD is "not" using methods which are permissible under Geneva; or is it his position that the CIA is doing something which DoD refuses to engage because it violates Geneva?

- Why are the CIA public affairs and the President not on the same page: One is implicitly arguing that DoD is not using all lawful options within Geneva; that the CIA is doing other things which DoD is not doing, but are lawful; but the PResident would ask that he's directing the CIA and DoD to use all lawful options. Who's lying: The CIA public affairs officer, DoD General Counsel, or the President?

- Why does the CIA public affairs letter to the NYT differentiate, and comment on, DoD issues; was there some sort of problem within the DoD public affairs office that would prevent DoD, not the CIA, from providing this letter to the NYT?

- Is there a reason the President would ask us to believe something that defies reason: That the President is "only" using lawful options; but he's constraining whether the DoD is going to use all Geneva-permitted options?

- Why is the President pretending that some options are "within" Geneva, but those "lawful options" are not within the Army Manual?

- Who cares whether the DoJ has "certified" that something is lawful; when case law in DoJ legal memorand cite cases showing waterboarding is illegal torture, and violates US and international law?

- Is there still a reason for the DOJ AG not to be called to Congress to explain why DoJ has "determined" that the DoD options "on the table" would not include all lawful options; but that their determination "outside court" means anything?

- Why is the President, CIA, DoD, and DoJ reluctant to let non-DoJ-related legal counsel in court adjudiate these matter; why the relucantce to let a court review these allegations?

TESTING ,
It appears that through inaction the Congress is complicit . Cong Wexler just sent out another e-mail implying that complicity . Why are Harmon & other Represenatives being silent on the admission coming from the latest President address .Deafening silence does underscore concerns regarding complicity in torture .C'mon Congress wake up and smell the Hague coffee brewing !!!

Here's more evidence that even DoD-detention procedures do not meet Geneva requirements:

[B]oth men suffered from severe mental and physical problems caused by their detention From">http://jurist.law.pitt.edu/paperchase/2008/03/spain-judge-drops-extradition-request.php">From /blockquote>

If these procedures are "OK" for DoD, then the CIA should be presumed to treat the prisoners no better. Geneva bans all abuse. Whether the POW mis-treatment is mental, physical, or torture is irrelevant.

You answered your own question: For Members of Congress to speak out now, they'd have to explain why they haven't spoken before:

"Why are Harmon & other Represenatives being silent on the admission coming from the latest President address"?

They fail to understand that war crimes have no statute of limitations.

The President has no power, on assertion alone, to state that his procedures are above judicial or legislative review. It defies reason to believe:

A. Something is unlawful and cannot be used by the Army because it violates Geneva; but

B. These same procedure magically becomes "lawful" simply because the President declares that method is outside what Congress, the courts, and others can compare to Geneva.

President's problem, in arguing for methods that are "outside" the Army Field Manual, is that he has a contradiction. The manual excludes specific procedures, but is guided by specific legal standards. The selection discusses the specific legal authorities guiding the procedures within the Army Field Manual:

The principles and techniques of HUMINT collection are to be used within the constraints established by US law including the following: • The Uniform Code of Military Justice (UCMJ). • Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (including Common Article III), August 12,1949; hereinafter referred to as GWS. • Geneva Convention Relative to the Treatment of Prisoners of War (includingCommon Article III), August 12, 1949; hereinafter referred to as GPW. • Geneva Convention Relative to the Protection of Civilian Persons in Time of War (including Common Article III), August 12, 1949; hereinafter referred to as GC. • Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV.

The guidance in the Army Field Manual are public laws, treaties, and known legal obligations. However, the President is arguing that there are "other" procedures which the CIA "must" be able to engage.

Jurist reports that some of the procedures prohibited in the Army Field Manual include procedures which violate the Geneva Conventions:

[E]xplicitly prohibits the use of waterboarding, [redacted text] electrocution, sensory deprivation, inducing hypothermia, or depriving the subject of food, water, or medical care.

- Which of the specific procedures the Army Field Manual does not approve, and has been excluded has the President kept "on the table" for CIA agents to use in violation of Geneva?

- What legal authorities in the President relying on to abuse Prisoners of War?

- Why are interrogation procedures, which DoD will not include in the manual, things which the President wants to perform in violation of Geneva?

- Which specific procedures has the President said are outside what the Army can use, and a violation of Geneva; but are what the CIA can use?

- How can something be "not possible" under the Army Field Manual as a violation of Geneva; but "permissible": How can the CIA be authorized to do something which the Army is prohibited from doing on the grounds of it being a war crime?

- What is the legal justification to argue that procedures that fall otuside what Geneva permits, and beyond what the Army is permitted to use, could be used by the CIA?

- How can techniques which violate Geneva, and cannot be included within the Army Manual, be something that the CIA can use, but also be lawful under Geneva?

- Which specific methods has the Army rejected as a war crime, and not permissible under Geneva, but the President wants to permit the CIA to use in violation of Geneva?

Part of the problem has been the absurd DNC approach to these issues. Rather than confront the President with an impeachment investigation, it appears the DNC keeps answering the questions which the President should be required to respond.

The DNC should stop attempting to make up answers to the questions the President is not responding. Either the President responds; or the DNC needs to make adverse inferences. "Adverse inference" means using the lack of a response as a legal basis to conclude things which are adverse to the President: That he has engaged in illegal policy making, malfeasance, and war crimes.

Stop doing the President's work for him. Make the President respond to these questions and concerns. Stop attempting to find a "good reason" why the President's absurdity should make sense. You're only going to rely on non-sense to "come up with a good reason" why we should believe the President's non-sense.

Make. The. President. Respond.

Stop. Answering. The. Questions. For. Him.

As more information surfaces about US rendition efforts around the globe, the President will have to explain: If, as he asserts, the POWs were always lawfully treated under Geneva, why bother transferring the POWs out of the United States; or transship them from European black sites to Africa? It's absurd for him to argue things were "just fine" when the President's actions communicate the opposite: The POWs were being mistreated.

President's Movement of POWs After Supreme Court Ruling

After the Supreme Court ruled the Guantanamo prisoners were entitled to Geneva protections. The President then ordered prisoners to be transferred from Europe to Guantanamo. If the prisoners in Europe "were" being lawfully treated, there would be no reason to change their detention location; nor move the prisoners to a new prison.

When the lawsuit against the Boeing subsidiary started, the US government claimed the activity could not be subject to litigation because it was a state secret. The court ruled that the US government activity could not be litigated because any disclosure of anything about the Boeing involvement would disclose state secrets. This presumes that war crimes can be shielded by a state secrecy claim. Yet, as more details about rendition surface from sources outside the US it looks less like the rendition effort is a bonafide covert activity, but a planned war crimes program, designed to move prisoners beyond judicial oversight. If the President's assertions are true -- that the POWs were being treated lawfully -- there would be no reason for any POW to be hidden, shielded, or outside any legal review.

It appears more likely: The President knows the POW treatment was not lawful, precipitating the movement of prisoners after the Supreme Court ruling; and that the "state secrecy" claims are not bonafide, but designed to shield other evidence which the government has impermissibly hidden related to other war crimes.

It's absurd to believe the President's activities through the CIA are lawful. "Lawful" procedures could have been used by the army, there would be no reason to transfer any POWs from the army to the CIA; nor would there be any reason to transfer the prisoners beyond NATO to other countries. It doesn't matter what the President is saying about the CIA abuses of POWs; the issue is his conduct which is not consistent with lawful POW treatment, but more likely related to war crimes.

Alleged Recklessness in re War Crimes: European Denials About Complicity With US Rendition Efforts in Europe

There is no statute of limitations on war crimes. The Europeans' earlier denials on rendition have proven false: They were involved with rendition. Similarly, the President, CIA director, and NSA director have asserted that certain information, programs, and POW treatment procedures [torture] are a "state secret". As more information surfaces, it appears this claim is dubious; that the treatment is not a lawful covert action; that the purpose behind the certification of "state secret" is not primarily to protect national security or diplomatic relations; but to shield information related to war crimes.

As the information surfaces overseas, and other countries do confirm the details of rendition, its clear the basis for US diplomatic relations and national security is to secretly commit war crimes with the assistance of its NATO allies, and not be held accountable for those war crimes. That's not a defense or justification to call something a state secret, but a larger alleged conspiracy related to war crimes evidence destruction, planning, and policy making.

National security is an illusion when it the US relies on illegal war crimes to abuse POWs. Rather, POW abuse would impermissibly subject US military personnel to like abuses; and reduce the chances foreign combat forces would surrender. The issue isn't that the US hopes to preserve national security; but it is recklessly invoking "national security" and "diplomatic relations" as a pretext to avoid the courts and public discovering the fraud, illegal activity, and war crimes at the foundation of US foreign policy. This is circular reasoning consistent with criminal activity and unconstrained illegal warfare.

Alleged False, Reckless Affidavits Abused State Secrecy Shield To Impermissibly Thwart War Crimes Adjudication

More information is surfacing. This information will help the legal community show the court that the affidavits the CIA director, NSA director and others provided to the court to invoke a state secrets claim were based on allegedly false, reckless, and fraudulent information in contempt of court, designed to thwart judicial review of war crimes.

- How many people with knowledge of these war crimes has the US government threatened with lawsuits to silence them about war crimes?

- Is it the policy of the President to work with private, civilian legal counsel to silence public discussion of war crimes evidence related to rendition, prisoner abuse, and unlawful CIA violations of the laws of war?

- Which private settlements has the President, working through civilian counsel made: Was there any exchange for a "promise not to prosecute" in exchange for an agreement to remain silent about war crimes?

- Who was threatened with prosecution if they publicly discussed evidence of war crimes, illegal prisoner abuse, and unlawful CIA mistreatment of POWs in violation of the laws of war?

- How many "secret NLSs" were used to harass, target, and intimidate people who have evidence of US war crimes in re unlawful CIA mistreatment of POWs in violation of the laws of war?

- When did legal counsel working for the President, OVP, DoJ, NSA, and CIA reconsider their assertion that "a threat to prosecute someone for discussing war crimes" could be adjudicated as a subsequent war crime?

- What types of "private settlements" have there been to pretend that the information about war crimes against POWs is a "state secret" or "classified"; but the truth is that evidence cannot be lawfully shielded as a state secret because it is evidence of illegal US war crimes against POWs?

- How many people have been secretly threatened for discussing war crimes on the grounds that the information is 'Classified"; but the truth is that classification guidelines never lawfully allow for war crimes related evidence to be shielded or classified?

- What is the point of US attempting to engage in "national security" or "diplomatic efforts" when those actions are not related to lawful interactions, but US foreign policy and diplomatic relations substantially depend on silence about war crimes, illegal intimidation, and threats to shield that war crimes-related evidence?

- How many US government contractors were rewarded with no-bid contracts, less intrusive audits, or more discretion in violating the laws overseas for their silence about war crimes?

- How many NSLs were issued to target and intimidate people who have evidence of US war crimes; and these people are not bonafide threats to US national security, but they have evidence of interest to war crimes prosecutors?

- With the revelations that the UK and NATO allies have lied about their assistance to the US on rendition issues, when will the court reexamine the affidavits by CIA and NSA on issues of rendition, surveillance; and reconsider whether those affidavits were false and related to an illegal objective of thwarting judicial review of Geneva violations?

Testing,

good points all.

The President's radio address raises many other points which deserve comment. These should be broadly construed to apply to the CIA-DoD-DoJ POW treatment policies, procedures, tapes, and destroyed evidence not just under US control, but allied control.

Signing Statements

Let's reconsider the President's speech this weekend on his reasons for vetoing the bill. Normally, when this President disagrees with Congressional language, he'll issue a signing statement. This time, he didn't do that. One reason is this legislation removes all ambiguity which the President exploited to "justify" illegal war crimes, prisoner abuses. Think back to Yoo/Gonzalez statements about Geneva: They claimed there was ambiguity. This is untrue: Geneva expressly prohibits all abuse; yet Gonzalez and Yoo, and now Mukasey were/are focusing on whether or not "Geneva outlaws torture"; or whether something that is "not torture, but abuse" is prohibited as a war crime. The issue isn't the law, but the illusion of ambiguity. This Congressional language is a threat to this President because he can no longer rely on this false ambiguity when telling CIA, DoD, DoJ personnel/contractors what to do. They now have express guidance of what they are not allowed to do. This legislation is a threat to the President because it gives the DoJ-DoD-CIA contractors/personnel a tool to challenge the President saying, "We're not allowed to do that." The issue for the President to openly explain:

- Why is he being inconsistent and not issuing a signing statement?

- Since when is this President suddenly concerned about a law; rather than issue a signing statement, he's vetoing it. Why the change; why the sudden "concern" with the law; why not issue a signing statement saying he'll still do what he wants?

- Why is this President, who ignored FISA, concerned whether Congress is or isn't passing a law about something else? He's shown he will ignore the law; and the DOJ AG will not enforce the law; why not violate this one as well in secret after signing it?

Video Tape Evidence

Part of the above questions relate to the issues of evidence under the UK-US special relationship; and the evidence the Eastern European intelligence services still have. The CIA has been discussing issues with the EU/EC. Evidence is floating around. Consider the questions which have not been expressly asked:

- Is it a "state secret" whether the UK, US allies in NATO, Romania, or Poland have copies of the tapes depicting CIA abuse of prisoners?

Undisclosed Memos, Policies

Reconsider the signing statement, and this Congressional language the President vetoed. The President would like to exploit the ambiguity because there are existing memos which rely on this false ambiguity, which DoJ, DoD, CIA personnel and contractors rely to continue the abuse. Not also the President never says that the war crimes or illegal abuse has ended; he only is commenting whether the current legislation is or isn't something that he supports.

It appears the President's veto, and lack of a signing statement have raised a reasonable line of inquiry:

- Which policy memos has the President issued in secret, not disclosed to Congress, or provided to Congress in secret, that continue the abuse of POWs, and rely on this false ambiguity, that there is "some POW treatment" that is outside the Army Field Manual, but still permitted?

- Conversely, why is the President not directing DoD personnel to use these "secret methods" that fall outside the Field Manual?

- Where is the Memo from the President discussing the plan to ignore the Geneva Conventions, call the POW abuse a state secret, and claim the POW abuse is a "state secret"?

Redacted Memos

Craig Murray was the UK Ambassador to Uzbekistan. Here is a sample document which was redacted [ snipurl.com/21do6 ] You'll notice his blog which includes other documents here [ snipurl.com/21do9 ] Murray's concern, in part, was that the CIA was illegally torturing people; and the UK was using that unreliable information for subsequent (illegal) purposes. This falls under the umbrella of the "special relationship" between the US and UK intelligence services.

The line of inquiry related to the President's speech on his veto and the redacted UK memos in re POW abuse and torture:

- Now that the Europeans have disclosed more evidence that the US did, in fact, fly to Diego Garcia; and the UK denials of their knowledge of this rendition appear dubious, what is the plan to re-examine the basis to redact Murry's Memos?

- Given we've found that the UK's denials in re rendition support/ CIA abuse of POWs have been discredited, is it not reasonable to question whether the original statements given to Murry as the "reasons" for the redactions are also without merit; and the redacted memos should be reexamined in light of the UK's now-known deceptions?

Affidavits

The President's other problem in not, as he has done, issuing a signing statement, is that he has to explain another inconsistency. One of the arguments Congress was giving about agency head affidavits was that the Judicial Branch was not making specific examinations of the secret documents to ensure that the agency-head's affidavit was, in fact, true. Rather, the judicial branch was taking on assertion alone that the US would suffer "national security problems" or "impacts to to diplomatic relations" if the CIA abuse, POW abuse, rendition, and other war crimes involving US contractors were litigated, much less disclosed.

However, things have changed. The UK, EU/EC, and NATO allies in Eastern Europe have revealed more details. And we're learning more things. The President's failure to issue a singing statement, but veto this bill, raises questions about the agency head affidavits:

- With the disclosures from UK, EU/EC, and Romania/Poland on their involvement with the rendition, POW abuse, and alleged war crimes, will the agency-head-declarations be revisited?

- Is there any plan by anyone to reconsider the NSA, CIA, or DoD agency head declarations in light of the President's inconsistent approaches: First issuing a signing statement and ignoring the law; now vetoing a bill, and not issuing a signing statement?

- Now that the UK's involvement with rendition is known, and their previous denials are seen for what they are -- baseless, fraudulent, false, and unreliable -- what plan is there to reconsider the memos Craig Murray was not allowed to disclose; and then compare those memos with the affidavits the US CIA, NSA, DoJ, and DoD agency heads have given on issues of rendition, war crimes, state secrets, POW abuse, prisoner transfer, and other things asserted to be state secrets?

- How much information on the Craig Murray memos should no longer be redacted in light of the UK's now-known fraudulent statements on their involvement with rendition; and what information on these to-be-disclosed memos would show the US NSA-DoJ-CIA-DoD agency heads assertions were false; and that the purpose of the "state secret" claim has nothing to do with "diplomatic relations " or "national security" but with an overt policy of this President to hide war crimes evidence linked to him, CIA, and outside legal counsel and contractors?

- Is there any plan of the Congress to revisit the basis for the NSA, CIA, DoD, or DoJ agency head affidavits on issues of rendition, POW abuse, and other alleged "state secrets" in light of the to-be-disclosed Craig Murray memos?

- Given the UK-US 'special relationship' and now-disclosed UK-lies about rendition, is there no interest in Congress to re-examine the basis for the claims that there is "no tape" and "all tapes have been destroyed" and "there is no evidence of any POW abuse"?

The DoJ says it is not going to look at the contents of the tape; just look at whether the destruction of the CIA tape was or wasn't lawful. It's time to re-examine DoJ AG's plan to ignore the alleged war crimes on that tape; and examine whether Poland, UK, Romania or others do, in fact, have tapes; and the DOJ AG is aware that it is an asserted "state secret" that this war crimes related evidence has not, as was told to the court, been provided to the court as required.

This is only the beginning. This President in refusing to issue a signing statement, but vetoing this bill, has created a problem for himself, his outside legal counsel, and the legal counsel who are allegedly complicit with frivolous legal arguments in re war crimes. Things are not adding up. This Congress appears complicit with this non-sense. Time for the Congress to decide whether it is serious about investigating facts, and developing a credible plan to ensure this does not happen again; or whether it would like to be the target of this ongoing war crimes investigation. There is no statute of limitations.

What's curious is the Congress in 2005, before the GOP lost control, overrode a similar veto. Recall the same in 2005:

The Senate defied a presidential veto threat nearly three weeks ago and approved, 90 to 9, an amendment to a $440 billion military spending bill that would ban the use of "cruel, inhuman or degrading treatment" of any detainee held by the United States government. This could bar some techniques that the C.I.A. has used in some interrogations overseas.

If the Congress, then led by the GOP, was able to override the President's veto banning all POW abuse, why is there a question whether they'll do so again?

To assert there is a "needed" exception for the CIA is absurd: That exception would be a war crime.

- What is the plan of Pelosi and Reid to at least meet or exceed the GOP margin in overriding the President's veto in 2006?

- Who in the GOP is arguing for an "exception for the CIA to commit war crimes"?

The President's statement in re the veto do not reconcile with a former SAS officer's comments about US-UK prisoner abuse. Here is a copy of Ben Griffin's speech, of the SAS, disclosing details about the UK involvement with rendition. Griffing was subsequently gagged. From

Key comment, related to the President's "keep the option on the table":

Since it was commonly assumed by my colleagues that anyone we detained would subsequently be tortured this policy of detention and not arrest was regarded as a clumsy legal tool used to distance British soldiers from the whole process.

These "exceptions for the CIA" are not methods that are "lawful" or "within Geneva" as the President and DoJ AG have asserted:

I have no doubt in my mind that non-combatants I personally detained were handed over to the Americans and subsequently tortured.

This is not an allegation, but the SAS officer says this as an assertion, without qualification:

The joint US/UK Task Force has broken International Law, contravened The Geneva Conventions and disregarded the UN Convention Against Torture.


As background, you can read McGovern's comments [emphasis in original, added]:

As McConnell grew more relaxed, however, he let slip the rationale for Mukasey’s effrontery and the administration’s refusal to admit that waterboarding is torture. For anyone paying attention, that rationale has long been a no-brainer. But here is McConnell inadvertently articulating it:

“If it is ever determined to be torture, there will be a huge penalty to be paid for anyone engaging in it.”

Like death.

If, as the President asserts, members of Congress were briefed on this, this would explain why Members of Congress are reluctant to impeach. However, if they haven't been informed, we can only wonder why Congress would not want to investigate war crimes. Either Congress is complicit going forward from 2001 when they were first notified and did nothing; or they're reckless in not enforcing Geneva for alleged war crimes since 2001.

Congress does not appear inclined to override this veto because it would remove ambiguity: Congress is complicit.

Based on the unfolding information about rendition and POW abuse by the CIA, there appears to be a reasonable basis for the Congress to question the DoJ AG certification made to Congress; and revisit the affidavits and legal basis for the state secrets claim.

Here is some discussion on a pending bill in the Senate, as it relates to these issues. The bill would require the DOJ AG to do things, presumably things he is not required to do; or has ignored. [Bill status: snipurl.com/21dwe ]

Let's reconsider Senator Rockefeller's concerns in light of state secrets. There is a problem. Rockefeller implicitly is arguing that he's not aware of any information:

As Chairman of the Senate Intelligence Committee, I have heard nothing to suggest that information obtained from enhanced interrogation techniques has prevented an imminent terrorist attack. And I have heard nothing that makes me think the information obtained from these techniques could not have been obtained through traditional interrogation methods used by military and law enforcement interrogators.

- Has he read anything?

The pending bill states a potential problem, things that are presumably not being done:

The Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and House of Representatives on any case in which the United States invokes the state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this chapter by the United States.

- Before this bill is passed into law, is the Congress telling us that they, in fact, did not require the DOJ AG to provide any affidavits; and there is no method for Congress to independently check the CIA/NSA agency head's assertions about "state secrets" claims in any affidavit; if not, how does the Congress check whether the Judicial branch's assent to that "state secret's claim" is or isn't bonafide?

If the bill were law, the affidavits and the basis for the state secrets claims would already with the Senate intelligence committee. Congress would have the information to answer:

- Do any of the affidavits need to be challenged in light of the disclosures from UK/Murray;

- What is the plan of the US Congress to work with the British Parliament to determine which of the Craig Murray documents, which were redacted, were improperly redacted, and should be available to the Parliament, and then to the United States Congress;

- Which of the affidavits, based on the disclosures about the UK knowledge of the rendition flights to Diego Garcia, substantially support the opposite conclusion: That the invocation of state secrets was not proper, and not designed to protect any national security interest or diplomatic objective, but more related to the objective of hiding evidence of war crimes?

- In light of the disclosures by the former SAS officer that the US was engaged in illegal torture, and in light of the President's assertion that "we do not torture", how is the Congress able to reconcile the dubious claims for the veto with the failure of the President to issue a signing statement?

- Until this bill is passed, and the DOJ AG does provide the affidavits/basis for state secrets claim to Congress, is there any other requirement on the DOJ AG that the Congress can rely to contrast:
[a] the President's claims;
[b] the evidence about rendition and POW abuse;
[c] the former SAS officers assertions about illegal POW abuse;
[d] the failure of the President to issue a signing statement;
[e] the likelihood that the state secrets claims were related to an improper assertion of "national security" and "diplomatic interests", when, in fact, the real interest was for the President to hide evidence of war crimes; and
[f] the apparent dubious claims within the affidavits in re "rendition state secrets"?

As background, TP discusses here the speculated siginging statement, which hasn't surfaced.

Note this paragraph at the link [emphasis added]:

UPDATE: In 2005, after Congress passed a law outlawing the torture of detainees, Bush issued a signing statement saying that he would “construe [the law] in a manner consistent with the constitutional authority of the President…as Commander in Chief.”

- Why hasn't the President consistently issued a signing statement?

- Is the President unwilling to call attention to his implicit plan to find a way to continue POW abuse, and use contractors associated with the DOJ Small Business Unit for that alleged illegal effort?

- Why not ignore the law in secret?

- Why is the President vetoing this bill, but not others, which he's issued signing statement?

- Given the prior GOP control of Congress, why didn't the President have included express language he would support, without needing a signing statement?

- Wouldn't it make sense to issue a signing statement now that the President is faced by the DNC controlled Congress; or does the President hope to waste time on this, and dissuade Congress from directly confronting him?

user-pic

Torture is immoral, illegal, and evil.
And now, so is George Bush.

Can we impeach him now? Please?

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