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Today's Must Read
Just another day at Guantanamo, I guess.
On the witness stand was the former chief prosecutor for the tribunals, Col. Morris Davis. Called to testify by defense lawyers, he told the court what he'd told the press -- that he'd quit after becoming convinced that the political appointees overseeing the system were about politics first and justice second, that he was told "we can't have acquittals," and that he was pushed to land indictments or plea deals before the election. He also said that his superiors saw no problem with using confessions obtained through torture, including waterboarding. Everything is "fair game," he says he was told, "let the judge sort it out."
And then there's Salim Ahmed Hamdan, the alleged driver for Osama bin Laden. Hamdan's lawyers say that interrogators beat him and sexually humiliated him, among other things, and are arguing that he's unfit to stand trial because he's essentially been driven crazy by spending 22 hours in solitary confinement for the past several years. His lawyers say "he is suicidal, hears voices, has flashbacks, talks to himself and says the restrictions of Guantánamo 'boil his mind.'"
Nevertheless, Hamdan was there yesterday -- sort of:
But Hamdan, during the morning session, also appeared to show some evidence of mental deterioration, which his attorneys have ascribed to mistreatment and lengthy solitary confinement. He seemed in a daze as he was led into court in his khaki detention uniform.He then engaged in a short, subdued rant to Allred about how he believes he is not being afforded human rights and would like to use the bathroom without soldiers watching him. He also tried at one point to get up from the defense table to leave the room. "I refuse participating in this, and I refuse all the lawyers operating on my behalf," Hamdan said. He returned for the afternoon session in traditional Yemeni garb and a sport coat and agreed to continue.
And just to complete the context for the scene, the Post notes, is the fact that the Supreme Court is nearing "a decision on whether the Military Commissions Act of 2006 that laid the legal foundation for these hearings violates the Constitution by barring any of the approximately 275 remaining Guantanamo Bay prisoners from forcing a civilian judicial review of their detention." In the meantime, the ugliness of Gitmo is on full display.













This is truly ugly. I have to say I am embarrassed as an American.
When can we start the war crimes tribunals?
-- ARG
April 29, 2008 10:30 AM | Reply | Permalink
I'm with you, ARG! When can we rejoin the family of nations and presecute US war criminals?
April 29, 2008 10:32 AM | Reply | Permalink
You can start when you put down your jogging gear, suit up and do what it takes to get it started.
But not today... I think there's a good ball game on
April 29, 2008 12:24 PM | Reply | Permalink
We've been living under a presidential administration that just doesn't view individual human lives as important at all. And it's been allowed to happen and it looks like there'll never be justice over this. Hell of a way to start the new century.
April 29, 2008 10:34 AM | Reply | Permalink
It's not all human lives that Bush doesn't value; it's the lives of those who aren't like him and his friends. Those "other" people aren't quite human to people who look at life the way Bush does.
And don't bring up Bush's black and Mexican "friends." Bush threw Alberto under the bus, left Alphonso to hang himself, and isn't exactly full of support for Condi these days.
Just as it was okay for National Geographic to show naked Africans or other tribal peoples in the good old days— because they were somehow less human than white folks—it's okay if Arabs (if they aren't royalty) receive whatever treatment is necessary to reach Bush's goals.
And those goals are for the benefit of white, wealthy men. Period.
April 29, 2008 2:28 PM | Reply | Permalink
It's going to fascinating to see whether GWB issues a bunch of blanket pardons for everyone from Darth Cheney on down and how far down they go. 5:1 the pardons leave a few "bad apples" who can't prove they were only following orders so we can have some Lt. Calleys to blame for this.
April 29, 2008 10:49 AM | Reply | Permalink
The President can pardon anyone he wants regarding Gitmo, the interrogations, et.al but that has absolutely no effect on any charges, war crimes or otherwise, that may be filed with the International Criminal Court at the Hague.
April 29, 2008 2:22 PM | Reply | Permalink
Someone needs to start a Gitmo Watch, counting down the days until the Supreme court hands down their verdict relating to the Military Tribunals acts. Strike that, anything that looks like a Fox product can not be used with integrity. I guess it would be nice to know if their is a site which registers people who disagree with the Military Tribunals act and the continued detention and abuses at the Gitmo facilities. Maybe if we can get over amillion responders perhaps some from the legal community will allow more transparency into the sham that has been this administrations handling over the last 8 years.
April 29, 2008 10:59 AM | Reply | Permalink
per SCOTUS blog -
the Court accepted the petition/case advised it is an appeal of a standing order scheduled to commence 7/20 - lightning fast for SCOTUS time - so probably NLT June.
April 30, 2008 12:19 AM | Reply | Permalink
Someone needs to start a Gitmo Watch, counting down the days until the Supreme court hands down their verdict relating to the Military Tribunals acts. Strike that, anything that looks like a Fox product can not be used with integrity. I guess it would be nice to know if their is a site which registers people who disagree with the Military Tribunals act and the continued detention and abuses at the Gitmo facilities. Maybe if we can get over amillion responders perhaps some from the legal community will allow more transparency into the sham that has been this administrations handling over the last 8 years.
April 29, 2008 11:00 AM | Reply | Permalink
Amnesty International, a human rights organization, has been trying to do just that.
Check out their site:
http://www.amnesty.org/en/counter-terror-with-justice
April 29, 2008 11:49 AM | Reply | Permalink
Here is the link to the Amnesty Intl site dealing exclusively with Gitmo:
http://www.tearitdown.org/
April 29, 2008 11:51 AM | Reply | Permalink
Remember folks... even the democrats we elected have refused to even consider prosecuting these clowns.
They are protecting their own. they will hollar and lie and fume and tell us to vote for them, but they are just as cruked as their counterparts...
Of course "We the People" will still elect them... again and again... right up until the time elections will no longer be tolerated...
April 29, 2008 11:08 AM | Reply | Permalink
The evidence of calculated, politically motivated wrongdoing continues to mount. Whether it's a Supreme Court member recently opining that torture of unconvicted prisoners isn't punishment or a so-called president claiming dictatorial powers that include the arbitrary suspension of habeas corpus, we cannot ignore the evidence.
If something could be done, it would have been done already. Instead we're barraged with (for instance) Rev. Wright's rants against that wrongdoing as if political opposition were a sort of wrongdoing itself.
We're long past the point of no return. Like many in this country and across the world, I hold the hope that a new administration might reverse the policies and actions of the Bush regime. Unfortunately, that hope is unrealistic and contributes to an inertia that favors the wrongdoers.
Any solutions?
April 29, 2008 11:25 AM | Reply | Permalink
This is as close to the proverbial smoking gun as one can imagine. Pelosi and company need to step up and examine this carefully.
If nothing happens we're sunk as a country. Both Bush and Cheney need to be called to account for what they've done. If congressional republicans make light of this it'll be a problem in November. I don't see they have a lot of leeway anymore but then it has been apparent for quite some time that Bush and company have bent and / or broken laws and house and senate republican leaders have stuck with Bush through it all. They're running out of wiggle room. I don't see where they'll be able to spin this and make it look different than it is.
Republicans are screwed either way actually. Spin isn't going to be satisfactory to voters and upholding the law will be ugly. But republicans don't have an available in between remedy given all that has passed. What a mess.
April 29, 2008 11:51 AM | Reply | Permalink
When a nation emerges from a period of "dark ages" as I hope we will in January next year, some form of reconciliation process is essential. We need a systematic way to cleanse our national soul. I am very sure that it will not be possible to prosecute the members of this administration for their crimes, and spending months and more months trying to do so will not help either.
What will help a great deal is to establish a "truth commission" charged with revealing the ugly secrets of this administration, explaining the reality of what we did when we allowed Bush to be reelected in 2004, the crimes committed in our names, etc. The law setting up such a commission would have to also require the newsmedia, especially the TV networks, to give free prime TV time for regular weekly reports from that commission.
I think our biggest problem now is that average citizens are unable to accept the reality that is the Bush Republican administration. And, with the massive amounts of money at stake in the "defense" industries, it isn't likely that the free press will ever report on that reality. Eisenhower's bad dream came true.
April 29, 2008 12:02 PM | Reply | Permalink
Hoppycalif2,
I have to disagree with you on this one. I don't see how it is possible to just dismiss what Bush has done to the country. The gravity of the Bush misdeeds is just too great. It'll haunt the nation forever if Bush and Cheney walk. People will remember and that memory will breed a cancerous hatred that we won't recover from. By ignoring what has happened we'll be setting ourselves up for the kind of internal national strife that has no cure. Instead of Sunnis and Shiites we'll have Republicans and Democrats but it'll look the same. Congress and the country have to deal with this and the sooner the better.
April 29, 2008 1:46 PM | Reply | Permalink
Democrat Vs. Republican? That's insanity, they both represent the same interests.
April 29, 2008 4:42 PM | Reply | Permalink
I Have a Dream! . . .
Let's bring Articles of Impeachment against Cheney and Bush so that there can be no pardons. Next we appoint Mr. Morris Davis as Special Prosecutor to investigate the entirety of the Bush Administration's actions from Inauguration 2001 to the present. Then, if we don't execute them, let's hand them over to the Hague for an international trial and execution.
Are you with me?
April 29, 2008 12:17 PM | Reply | Permalink
The problem is that Pelosi refused to allow impeachment to be on the table at all. That signals to me that leading Democrats are in this up to their eyeballs as well. There is truly no hope for this nation.
April 29, 2008 12:33 PM | Reply | Permalink
We will type. That is as about as bold as the action is going to get, from any quarter, against these abominations.
Alito, Roberts, Scalia, and Thomas will not be helpful to the proper exercise of the constitution for Americans. These "others" at Gitmo are not keeping them awake at night at all. They are no more sleepless than Cheney.
As for Pelosi; where would she wear the new outfits her husband buys for her if she wasn't in with the in crowd.
It is as simple and venal as that.
April 29, 2008 12:56 PM | Reply | Permalink
The my question becomes; can the horse be driven to water and made to drown? How much of a grass-roots effort would it take at this juncture to shift the balance you describe in favor of submission to the will of the people? How would such an effort be successfully organized? What institutions, organizations and agencies would need to be involved?
(P.S. I am aware that mention of the Hague within the context of the American process as we presently know it is a straw horse. It would be a non-starter as a pillar of this particular effort. I would however, very much, like to see The United States redeem itself in the eyes of the World as we did with the successful prosecution of Watergate.)
April 30, 2008 12:01 PM | Reply | Permalink
Thank you Colonel for telling the truth. This is my America?
Throw these bums out. McCain that means you, too. War crimes here we come. Prognosis or pathways for trying US Military brass and the Administration?
I think Pelosi is waiting for the next pres- BO said he would review, would HRC?
April 29, 2008 2:16 PM | Reply | Permalink
Here is a tough question to consider: what did it take to get the Germans to the Nuremberg Trials? The sad truth is that as low as we've sunk on the moral level, we can sink an awful lot lower, and we may have to before the terrible lesson that American exceptionalism is an evil sham penetrates our general consciousness. So far our population has been largely immune from the evils of war, famine and pestilence that have plagued most of humanity (and which our government has been content to visit on them). I fear we may have to join in the general suffering before the wrong is set right.
April 29, 2008 2:26 PM | Reply | Permalink
The President can pardon anyone he wants regarding Gitmo, the interrogations, et.al but that has absolutely no effect on any charges, war crimes or otherwise, that may be filed with the International Criminal Court at the Hague.
Posted by PoliSciJunkie
April 29, 2008 2:22 PM
In fact, it would make such prosecutions even more likely, as the refusal of a gov't to prosecute its own triggers a provision which lowers the bar.
So here's hoping, if he does pardon everyone but those who have suffered his election theft and the consequences of not prosecuting that, that he and they take trips outside the US: torture is so beyond the pale that any country can prosecute it.
Chile didn't prosecute Pinochet, even though they had every reason to do so. So he was subjected to prosecution in Europe.
I want John Yoo on a plane to any country in western Europe.
April 29, 2008 4:28 PM | Reply | Permalink
"Democrat Vs. Republican? That's insanity, they both represent the same interests.
"Posted by Dr. Sanjay Gupta"
No, they do not. One borrows and spends, building up huge debts -- and then preends that is wiser and more fiscally responsible than taxing and spending -- pay as you go.
I'm tired of hearing from those -- such as you --who have nothing to offer but excuses for being disengaged fom the political process. It's precisely because of those who are disengaged, because they BS themselves that they are superior in insight, superior to the system, superior to democracy, that we have arrived at where we find ourselves.
Either start doing the heavy lifting that is required of citizens in a democracy, or shut the fuck up and continue to sit on your ass and do nothing.
Begin by educating yourself in something relevant, such as the treaties and laws which prohibit torture everywhere, at all times, without exceptions, and then spreading that knowledge to others. We the people are the gov't; which means we haven't the luxury of sitting on our asses and taking pot-shots as excuse to do nothing more than that.
April 29, 2008 9:12 PM | Reply | Permalink
As an alternative to "Gitmo Justice", perhaps we can try "Daniel Pearl Justice". Perhaps we might "take no prisoners" so as not to have the issue to deal with. "Gitmo" is NOT swell. It is NOT however, the ultimate evil either.
There are still a number of living graduates of the Hanoi Hilton here in America. Perhaps getting information from them about how our POW's were treated might shed some perspective. Unfortuately not many of our people have survived being captured in the middle east, so getting perspective from them is tougher.
April 30, 2008 1:17 AM | Reply | Permalink