go tigers…

Posted on Wednesday 22 July 2009


Gov. Mark Sanford said it was time for the state to move on from the weeks-long debate about whether he should stay or resign following his admission of an extramarital affair.

Sanford spoke at the Greer office of the Department of Motor Vehicles to discuss concerns about a federal ID program, his first public appearance in weeks. The governor said he had apologized for his mistake and was working to win back the trust of S.C. residents. A handful of people applauded and shouted their agreement.

“I’m moving forward and I think the people of South Carolina are ready to do the same,” Sanford said, adding to the media: “I’m going to move on with my life. The question is, will you?”

But some were not ready to let the infidelity issue go.
“Where is your wedding ring?” one man shouted. “Why aren’t you wearing it?”
“Get over it,” a woman responded.
Sanford ignored the question…
This crazy guy plans to stay in office for a year and a half, and it looks like nobody in South Carolina is going to stop him. Lord only knows what wife Jenny is going to do. I guess this is the King David method – just carry on and let the Israelites deal with Bathsheba as they see fit

South Carolina isn’t in very good shape – D Ratings on School Achievement, Unemployment at 12%, 15% living below the poverty level, 44th in Gross Domestic Product, 41st in per capita income – nothing much good going on right now.

 

But, The University of South Carolina is in the top 25 in pre-basketball-season picks, and Clemson is listed as a contender for the ACC football title. So things aren’t all bad. South Carolina failed when they tried to secede in 1861. Maybe they’ll do better by just plain quitting…
Mickey @ 10:05 AM

false declarations…

Posted on Wednesday 22 July 2009

While I doubt that anyone reading this thinks that our invasion of Iraq was grounded in any genuine threats to our safety, we’re now in a position to look into whether that fact is going to be swept under the rug or examined formally. Recently, I was looking over John Yoo’s OLC Memos coming from the DoJ in the leadup to the invasion. For review:

OLC: THE PRESIDENT’S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM
warpowers925
The President has broad constitutional power to take military action in response to the terrorist attacks on the United States on September 11, 2001. Congress has acknowledged this inherent executive power in both the War Powers Resolution and the Joint Resolution passed by Congress on September 14, 2001.

The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations.

The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.

September 25, 2001


OLC: AUTHORITY OF THE PRESIDENT UNDER DOMESTIC AND INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
iraq-opinion-final.pdf
The President possesses constitutional authority to use military force against Iraq to protect United States national interests. This independent constitutional authority is supplemented by congressional authorization in the form of the Authorization for Use of Military Force Against Iraq Resolution. Using force against Iraq would be consistent with international law because it would be authorized by the United Nations Security Council or would be justified as anticipatory self-defense.

October 23, 2002


UN: UNSCR 1441
transcript
UN Resolution insisting on full inspections in Iraq

November 8, 2002


OLC: EFFECT OF A RECENT UNITED NATIONS SECURITY COUNCIL RESOLUTION ON THE AUTHORITY OF THE PRESIDENT UNDER INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
iraq-unscr-final.pdf
United Nations Security Council Resolution 1441 does not alter the legal authority, under international law, granted by existing U.N. Security Council resolutions to use force against Iraq.

November 8, 2002

The campaign for war started September 8th, 2002 with t.v. appearances by Cheney, Romsfeld, Rice, and Powell. President Bush addressed the UN General Assembly 4 days later. In the background, Yoo’s Memo was laying a legal foundation for our coming invasion [October 23rd], while we were publicly going to the UN. The UN Security Council responded to the allegations with UNSCR 1441 which imposed a strict inspection scedule on Iraq. Notice that there was an OLC Opinion the same day [November 8th, 2002] as the UN Resolution invalidating its hold on our decision making.

But I missed one of Yoo’s Memos last time around, December 7, 2002. The UN Security Council Resolution [1441] called for the immediate resumption of inspections in Iraq. They were begun on November 27th and Iraq submitted its Report on December 7th. Here’s Yoo’s memo from that same day. Notice who had requested the opinion – David Addington, Vice President Gheney’s Counsel.

WHETHER FALSE STATEMENTS OR OMISSIONS IN IRAQ’S WEAPONS OF MASS DESTRUCTION DECLARATION WOULD CONSTITUTE A “FURTHER MATERIAL BREACH” UNDER U.N. SECURITY COUNCIL RESOLUTION 1441
False statements or omissions in Iraq’s weapons of mass destruction declaration would by themselves constitute a “further material breach” of United Nations Security Counsel Resolution 1441.

December 7, 2002
MEMORANDUM OPINION FOR THE COUNSEL TO THE VICE PRESIDENT

You have asked whether the Government of Iraq will have committed a “further material breach” of its international legal obligations, as that term is defined in paragraph 4 of United Nations (“U.N.”) Security Council Resolution 1441 (“UNSCR 1441”), if it makes false statements or omissions in the declaration required by paragraph 3 of that resolution.1 In paragraph 3, the Security Council required that Iraq report on all aspects of its weapons of mass destruction (“WMD”) programs. Paragraph 4 finds that false statements or omissions in Iraq’s paragraph 3 declaration and failure by Iraq to comply and cooperate with UNSCR 1441 would constitute a further material breach. We conclude that false statements or omissions by themselves represent a material breach of the Security Council resolution.

We have addressed the meaning of U.N. Security Council resolutions regarding Iraq in previous opinions. See generally Memorandum for Alberto R. Gonzales, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Authority of the President Under Domestic and International Law to Use Military Force Against Iraq at 30, 35-42 (Oct. 23, 2002) (“Iraq Opinion”); Memorandum for Alberto R. Gonzales, Counsel to the President, from John C. Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Effect of a Recent United Nations Security Council Resolution on the Authority of the President Under International Law to Use Military Force Against Iraq at 2 (Nov. 8, 2002). As the Security Council itself has recognized, Iraq is currently in material breach of pre-existing Security Council resolutions related to its development of WMD programs, its repression of its civilian population, and its threat to international peace and security in the region. S.C. Res. 1441, ¶ 1. Violation of those resolutions authorizes the United States to use force against Iraq in order to enforce the resolutions and restore international peace and security to the region. Iraq Opinion at 17-29. As we have advised, the President (who represents the United States in its foreign affairs) may make the determination whether Iraq has committed a material breach of the U.N. Security Council resolutions regarding Iraq…

In retrospect, it’s fairly obvious what was happening. Once the Bush Administration came out swinging [September 8th], the invasion was in the cards. John Yoo was churning out legal justifications for the invasion in anticipation of anything that might interfere with their plans. When the UN passed a stiff resolution for inspections, Yoo published a same day response that the UN Resolution did not bind President Bush’s decisions about invading. On the same day that Hussein reported to the UN, Yoo declared that any false statements were a cause for war, and further, that our President could declare what constituted an infraction.

And look who was asking for the opinion, the OVP via David Addington. Just like the Downing Street Memo had predicted, our whole reason for going to the UN was for show. Yoo’s Memos were keeping our march to war on schedule, even as we feigned support for the inspections themselves. Is this a crime, dealing with the world community with bad faith? committing the U.S. to a war on bad faith? lying to the American people and the world? It would be under domestic law – knowingly making false declarations…/div>
Mickey @ 7:33 AM

hmm…

Posted on Wednesday 22 July 2009

Mickey @ 5:25 AM

I don’t get it…

Posted on Wednesday 22 July 2009

The recent comment by Senator Jim Demint [R-SC] was remarkable:
"If we’re able to stop Obama on this it will be his Waterloo. It will break him."
President Obama‘s response, as always, on point:
Just the other day, one Republican Senator said, and I’m quoting him now, "if we’re able to stop Obama on this, it will be his Waterloo. It will break him." Think about that. This isn’t about me. This isn’t about politics. It is about a health care system that is breaking American families, breaking America’s businesses and breaking America’s economy.
But then there’s the leaked RNC MEMO:
The Republican National Committee will engage in every activity we can to slow down this mad rush while promoting sensible alternatives that address health care costs and preserve quality.
It doesn’t seem that this opposition is specifically aimed at health care reform, though Republicans typically take the side of business, and the business-fication of medicine is why medical costs are now so absurd. But that’s another post. This one is about the automatic, unified attempt to "break" Obama.

To me, it feels like an extension of an attitude that pervaded the Bush Administration’s policies – some attempt to fundamentally change the way our country operates in the area of Civil Rights, the Environment, in any kind of Social Services. In the eight years they were in office, they nearly bankrupted the country morally as well as financially – and put us in a foreign policy hole that seems imponderable at this point. Now, they’re preaching that Obama has to be stopped before he destroys the country.

I don’t get it. I don’t see where they think we need to go. I get what they’re fighting against [everything]. But I can’t see what they’re fighting for, unless it’s something like feudalism…
Mickey @ 12:33 AM

recession tid-bits…

Posted on Tuesday 21 July 2009

 
Mickey @ 7:18 PM

high time and then some

Posted on Tuesday 21 July 2009


“Protecting” President Cheney, Too
By: emptywheel
July 21, 2009

In today’s second installment on ways American taxpayers are wasting money to protect Dick Cheney from embarrassment, Josh Gerstein has a report on today’s hearing on CREW’s FOIA of Cheney’s interview in the CIA Leak Case. And DOJ is unabashedly making the argument that it should not release Dick Cheney’s interview because it might embarrrass him.
    Smith said the Justice Department’s view was that a delay of five to ten years was appropriate, marked from the time the official or his or her administration left office. “It’s a judgment call,” Smith acknowledged. Smith suggested that such a delay would make it more likely that the information was used for historical purposes and not for political embarrassment. “The distinction is between releasing it for historical view and releasing it into the political fray,” Smith said.
Funny, DOJ claimed it was arguing for the longer-than-statutes-of-limitation delay because of concerns that future Vice Presidents wouldn’t cooperate willingly with investigations. As time goes on an their arguments look shittier and shittier, I guess, they become more and more truthful. Thus their invention of a new FOIA embarrassment exemption. It sounds like Emmet Sullivan is not buying that argument–though he is also unwilling to just order the release of the interview without giving Obama’s DOJ an opportunity to waste more money protecting Cheney from embarrassment.
    As the hearing concluded, Sullivan said he thought Congress had drawn a “bright line” with language in the Freedom of Information Act that generally exempts information about pending investigations from disclosure, but not closed probes, like the CIA leak case. He also said he would stay any ruling so the government could appeal before he released any documents.
President Obama? Attorney General Holder? This nonsense has gone on long enough. As I noted, Cheney’s participation in this probe is proof enough that the investigative concerns are bunk. It really is high time to stop wasting money preventing taxpayers from learning what Cheney did in our name.
Seems like a lot of what I blog about is from emptywheel these days. Marcy’s always on top of things, but right now there’s a particular thing that she’s obsessed with that fits my own preoccupations – Dick Cheney. I get up, make coffee, take my meds, meditate slightly, then Google <cheney>. I’m ready to know it all now. The Cheney timeline for me starts while he was at Halliburton and made a couple of speeches [INSTITUTE OF PETROLEUM – LONDON 1998  and  THE CATO INSTITUTE 1999] and joined the PNAC [PNAC LETTER TO PRESIDENT CLINTON 1997]. And the timeline stopped on January 20th, 2009 with Obama’s Inauguration. There are a lot of dark spots along the way, and way too much is unknown that I want to know. One piece is what he said to Patrick Fitzgerald’s interviewers about the CIA leak case. I expect that he told pieces of the truth, because if he hadn’t, Fitz would’ve charged him. I also expect that his testimony didn’t help Scooter very much, and I want Scooter Libby to know that so maybe he’ll tell us more. But I know Cheney didn’t tell the whole truth, because if he had, Fitzgerald wouldn’t have said:
And you know what? They said something here that we are trying to put a cloud on the Vice President. We’ll talk straight. There is a cloud over what the Vice President did that week. He wrote those columns. He had those meetings. He sent Libby off to Judith Miller at the St. Regis hotel. At that meeting, the two hour meeting, the defendant talked about the wife. We didn’t put that cloud there. That cloud remains because a defendant has obstructed justice and lied about what happened. Did he come in straight and say what really happened? He came in and said, told the grand jury, I don’t remember anything. I remember learning about the wife. I learned it from Russert as if it were new. I was sitting around thinking I don’t even know if Wilson’s married. How do we know he has a wife? He’s put the doubt into whatever happened that week, whatever is going on between the Vice President and the defendant, that cloud was there. That’s not something that we put there. That cloud is something that we just can’t pretend isn’t there.
So when emptywheel keeps us updated on the Cheney document release, I want to hear about it. I want to read his Plame/CIA interview. I want to read the CIA IG Report from 2004. And I want the transcripts from Cheney’s Energy Conference in 2001 – the latter most of all. If he didn’t want us to know what he was doing, he shouldn’t have taken the oath of office. If there’s a cloud over the Vice Presidency, then let’s either lift it or find out what it’s all about. And as for embarassing Cheney, he sure didn’t have any qualms about embarassing us. As Marcy says, "It really is high time to stop wasting money preventing taxpayers from learning what Cheney did in our name"…
Mickey @ 7:07 PM

health care…

Posted on Tuesday 21 July 2009

I started Medical School in 1963, but because of a lot of training, obligatory military service, and years in academic medicine, I didn’t become a private practitioner until 1985 [at the age of 43]. By then, the world of [so-called] Managed Care was in full swing. I guess I was fortunate, the thing I did [long term Psychotherapy and Psychoanalysis] was not covered by any insurance of any kind, so I didn’t have to deal with the madness of trying to practice in the modern world of Insurance and Prescription Plans. I’m sure that I wouldn’t have done it. I would either taken a salaried job or found something else to do with Medicaide programs that cover the indigent patients I see. I count myself lucky to have made it through my career in a way that skirted the intrusion of big pharmacy and big medicine into my personal practice, though it wasn’t possible to avoid it entirely. An example…
A friend had a severe chest pain that developed over several days. It sounded like Shingles, but there was no rash. I was stumped. She went to the emergency room with a complaint of "chest pain." Before being examined, she had a Chest X-Ray, an EKG, and Lab Work. By the time she was examined, the rash had finally appeared. Yep. It was Shingles. I guess "chest pain" = "possible heart attack" = "X-Ray, EKG, Lab."
That’s absurd, simply absurd. Fortunately, she had Medicaire. Medicaire doesn’t pay for that kind of fee churning, so it was a loss for the hospital. But some Insurance might have. And some "uninsured" people might have paid. Such practices happen hourly, daily. The result is outrageous fees as medical systems try to maximize charges to increase the revenue stream.

Even someone as "business avoidant" as I am can’t hide, even in a log cabin in the woods. I’m on the Board of an after school program for druggie adolescents that have gotten in trouble with the law. Drugs are ubiquitous in rural America. In our area, the heart of the "moonshiners" of yore, it’s meth labs and pills from Mexico. It’s a really good program. The kids choose it over incarceration. They are drug tested frequently; they have to be in school and pass; and they come to our program three afternoons a week. They call it "drug court" [I’m in drug court], and bitch and moan about having to do it. But they’re dealt with by some very dedicated recovering adults who really make a difference, playing strict but beloved "aunt" and "uncle" roles to kids from homes that are beyond "broken." The results are impressive.

But funding such a thing is very difficult. State money comes and goes. Medicaide Providers come and go, change the rules, are slower than turtles paying. The guy that runs the program started it up by mortgaging his house, and we eke along week by week with payroll. They drive 70 miles to the food bank in Chattanooga to get drinks and snacks for the kids. We borrow empty buildings to have a space for the program. The Counsellors carry the records in their cars, because there’s no permanent storage. So the program is a clinical success but a fiscal nightmare.

Which brings me to yesterday. There’s another bigger, better funded, facility owning, non-profit that has remained financially viable over time. But in the process, they shut down needed services, delivered less than what they promised, and alienated the judges who make these referrals. They had actually bailed out on a previous incarnation of the very "drug court" program I’m involved with. So, yesterday, I’m in a meeting. The other non-profit needs "clients." We need funding. We were trying to broker a deal that was win-win, something like their assuming our debt and taking over the finances, and we continue the clinical part. I don’t know what the outcome is going to be, but it got me thinking about what’s going on in Washington. All we talked about was money, coverage, billing, and I left with a headache.

 

There’s a delicate balance between cost containment and the delivery of services in Medicine. I’ve rarely seen it. It was present in the VAH system I worked in. It was present in the Military. But I never saw it anywhere else: Public systems, University systems, Private systems, nowhere. Occasionally, the pendulum swung through something sensible, but it just kept on swinging. So, based on my career, in the world of Medicine, there is at least one Physician [me] who is a genuine Socialist. I think the whole thing has to be controlled from top to bottom for it to work – from Medical Education to service delivery. When the profit  motive enters, rational medical thinking leaves by the back door and the bean counters start warring over money. Medicine doesn’t fit Capitalism since there’s really only one product. My final specialty, psychoanalysis was outside the world of medicine and shouldn’t be covered. There are other such things, cosmetic surgery comes to mind. Those are choices, not rights. In a civilized world, I believe there is a basic medical care that is a right. And as much as I personally was not born to be a soldier, the military system as I knew it in the 1970’s stands out as the best health care system I’ve personally ever seen…
Major 1boringoldman MD
USAFE, retired      
Mickey @ 11:42 AM

the MOTHER of reasons…

Posted on Tuesday 21 July 2009


ShrinkRap
07/16/2009

Common Cause lists these as issues that need to be investigated and calls for a special prosecutor to be appointed:
  • Warrantless spying on Americans.
  • Misuse of the state secrets doctrine.
  • Preventive detention and secret prisons.
  • Use of torture and other interrogation abuses.
  • Deliberate flaunting of Congress’ oversight role.
  • Politicization of the Justice Department.
  • Abuse of executive privilege.
  • Misuse of signing statements to override laws duly passed by Congress.
That seems to me more than sufficient to mandate an investigation. But I would add one glaring omission:
  • Presenting false evidence and lying to Congress and to the American people, as well as the United Nations, as justification for invading Iraq, a sovereign nation which was no imminent threat to the United States.
After I read this, I got to wondering why we don’t immediately go to the Invasion of Iraq as the most egregious of the Bush Administration’s abuses of power [and other things]. The Campaign against Iraq began in September 2002 with a media blitz, headlining the Vice President, among others:

September 8, 2002 MEET THE PRESS

TIM RUSSERT: One year ago when you were on MEET THE PRESS just five days after September 11, I asked you a specific question about Iraq and Saddam Hussein… Has anything changed, in your mind?
VICE PRES. CHENEY: Well, I want to be very careful about how I say this. I’m not here today to make a specific allegation that Iraq was somehow responsible for 9/11. I can’t say that. On the other hand, since we did that interview, new information has come to light. And we spent time looking at that relationship between Iraq, on the one hand, and the al-Qaeda organization on the other. And there has been reporting that suggests that there have been a number of contacts over the years. We’ve seen in connection with the hijackers, of course, Mohamed Atta, who was the lead hijacker, did apparently travel to Prague on a number of occasions. And on at least one occasion, we have reporting that places him in Prague with a senior Iraqi intelligence official a few months before the attack on the World Trade Center. The debates about, you know, was he there or wasn’t he there, again, it’s the intelligence business.
TIM RUSSERT: What does the CIA say about that and the president?
VICE PRES. CHENEY: It’s credible. But, you know, I think a way to put it would be it’s unconfirmed at this point. We’ve got…
TIM RUSSERT: Anything else?
VICE PRES. CHENEY: There is – again, I want to separate out 9/11, from the other relationships between Iraq and the al-Qaeda organization. But there is a pattern of relationships going back many years. And in terms of exchanges and in terms of people, we’ve had recently since the operations in Afghanistan – we’ve seen al-Qaeda members operating physically in Iraq and off the territory of Iraq. We know that Saddam Hussein has, over the years, been one of the top state sponsors of terrorism for nearly 20 years. We’ve had this recent weird incident where the head of the Abu Nidal organization, one of the world’s most noted terrorists, was killed in Baghdad. The announcement was made by the head of Iraqi intelligence. The initial announcement said he’d shot himself. When they dug into that, though, he’d shot himself four times in the head. And speculation has been, that, in fact, somehow, the Iraqi government or Saddam Hussein had him eliminated to avoid potential embarrassment by virtue of the fact that he was in Baghdad and operated in Baghdad. So it’s a very complex picture to try to sort out.
TIM RUSSERT: But no direct link?
VICE PRES. CHENEY: I can’t – I’ll leave it right where it’s at. I don’t want to go beyond that. I’ve tried to be cautious and restrained in my comments, and I hope that everybody will recognize that.

Bush went to the U.N. a few days later [September 12th]. Meanwhile the Department of Justice got in the act:

October 23, 2002 OLC Memo by John Yoo

You have asked our Office whether the President has the authority, under both domestic and international law, to use military force against Iraq. This memorandum confirms our prior advice to you regarding the scope of the President’s authority.1 We conclude that the President possesses constitutional authority for ordering the use of force against Iraq to protect our national interests. This independent authority is supplemented by congressional authorization in the form of the Authorization for Use of Military Force Against Iraq Resolution, Pub. L. No. 102-1, 105 Stat. 3 (1991), which supports the use of force to secure Iraq’s compliance with its international obligations following the liberation of Kuwait, and the Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (2001), which supports military action against Iraq if the President determines Iraq provided assistance to the perpetrators of the terrorist attacks of September 11, 2001. In addition, using force against Iraq would be consistent with international law, because it would be authorized by the United Nations (“U.N.”) Security Council, or would be justified as anticipatory self-defense.

The U.N. acted, and passed UNSCR 1441, which laid out stiff requirements for resumption of inspections in Iraq and Hussein agreed. The U.N. Resolution was passed on November 8th, 2002. But Yoo was ready. This OLC Memo was released on the same day, just to cover the fact that the UN resolution didn’t bind the President or affect his ability to make war on Iraq, no matter how things came out:

November 8, 2002 OLC Memo by John Yoo

You have asked our Office to analyze the effect of United Nations (“U.N.”) Security Council Resolution 1441, adopted on November 8, 2002, on the President’s authority under international law to use military force against Iraq. We recently advised you that the use of military force against Iraq would be consistent with international law under existing U.N. Security Council resolutions (“UNSCRs”), or as an exercise of anticipatory self-defense. See Memorandum for Alberto R. Gonzales, Counsel to the President, from Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel, Re: Authority of the President Under Domestic and International Law to Use Military Force Against Iraq (Oct. 23, 2002) (“Iraq Opinion”). The terms of UNSCR 1441 do not alter our earlier conclusion: the United States continues to have the authority, under international law, to use force against Iraq.

We emphasize at the outset that U.N. Security Council authorization is not a necessary precondition under international law for the use of force. On numerous occasions, states have, consistent with international law, used force without prior authorization from the Security Council. Such uses of force have been based on the inherent right to national self-defense recognized and affirmed in article 51 of the U.N. Charter. See generally Iraq Opinion at 30, 35-42. Under the doctrine of anticipatory self-defense, the United States may use force against Iraq if the President determines the use of force would be necessary due to an imminent threat, and a proportional response to that threat. See generally id. at 30-46.

We also emphasize that the question of legality of the use of force against Iraq under international law has no bearing on the President’s authority under domestic law. As we have advised you previously, the President has full constitutional authority as Chief Executive and Commander in Chief to use force against Iraq. Id. at 6-8. Congress most recently supported the President’s authority in this context by passing H.J. Res. 114, Pub. L. No. 107-243, 116 Stat. 1498 (2002).

But we now know that this UN business was all for show. The outcome was already assured. Note the date JULY 23rd.


C reported on his recent talks in Washington. There was a perceptible shift in attitude. Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy. The NSC had no patience with the UN route, and no enthusiasm for publishing material on the Iraqi regime’s record. There was little discussion in Washington of the aftermath after military action.

The inspectors didn’t find anything in Iraq, but there was inadequate documentation. The UN was continuing to pressure Iraq. But when it became obvious that the Security Council wasn’t yet ready to declare war, we acted unilaterally.

It’s abundantly clear that the plan top invade Iraq was already a fait accompli before the media campaign, or Bush’s U.N. speech, or the inspections. As the Downing Street Memo says, "no patience with the UN route." If you read over Yoo’s Memos, there’s no real Cassus Belli [cause for war] that was close to true, even by Yoo’s standards:
  • No immediate threat
  • No WMDs
  • No harboring of Terrorists
  • No involvement in 9/11
I don’t know why we aren’t still beyond outraged, and Common Cause didn’t even list it in its reasons for a Special Prosecutor. To paraphrase Hussein from long ago, it’s the MOTHER of all reasons. Are we too embarassed to even turn over that rock?…
Mickey @ 12:30 AM

the prisoner was broken…

Posted on Monday 20 July 2009

This report is very hard to read. I found myself empathizing with all of the characters – Shumate, Soufan, Abu Zubaida, Gaudin, Mitchell, Jessen. It’s as if they were caught up in something terrible that they could neither stay with nor escape. However this ultimately turns out, it should never have happened. It will remain the central motif in the mental fabric of everyone who was directly involved.

… At the secret prison, dissent over Mitchell’s methods peaked. First Shumate left, followed by Soufan. At the site, Shumate had expressed concerns about sleep deprivation, and back in Langley he complained again about Mitchell’s tactics, according to the former U.S. official and another source familiar with events in Thailand. Then one of the CIA debriefers left. In early June, Gaudin flew to Washington for a meeting on what was happening in Thailand, and the FBI did not allow him to return.

Jessen, newly retired from the military, arrived in Thailand that month. Mitchell and his partner continued to ratchet up the pressure on Abu Zubaida, although Bush administration lawyers had not yet authorized the CIA’s harshest interrogation measures. That came verbally in late July and then in writing on Aug. 1, paving the way to new torments. Interrogators wrapped a towel around Abu Zubaida’s neck and slammed him into a plywood wall mounted in his cell. He was slapped in the face. He was placed in a coffin-like wooden box in which he was forced to crouch, with no light and a restricted air supply, he later told delegates from the Red Cross.

Finally, he was waterboarded.

Abu Zubaida told the Red Cross that a black cloth was placed over his face and that interrogators used a plastic bottle to pour water on the fabric, creating the sensation that he was drowning. The former U.S. official said that waterboarding forced Abu Zubaida to reveal information that led to the Sept. 11, 2002, capture of Ramzi Binalshibh, the key liaison between the Hamburg cell led by Sept. 11 hijacker Mohammed Atta and al-Qaeda’s leadership in Afghanistan.

But others contend that Binalshibh’s arrest was the result of several pieces of intelligence, including the successful interrogation by the FBI of a suspect held at Bagram air base in Afghanistan who had been in contact via satellite phone with Binalshibh, as well as information gleaned from an interview Binalshibh gave to the television network al-Jazeera. Abu Zubaida was waterboarded 83 times over four or five days, and Mitchell and Jessen concluded that the prisoner was broken, the former U.S. official said. "They became convinced that he was cooperating. There was unanimity within the team."

CIA officials at the Counterterrorist Center were not convinced.

"Headquarters was sending daily harangues, cables, e-mails insisting that waterboarding continue for 30 days because another attack was believed to be imminent," the former official said. "Headquarters said it would be on the team’s back if an attack happened. They said to the interrogation team, ‘You’ve lost your spine.’" Mitchell and Jessen now found themselves in the same position as Soufan, Shumate and others.

"It was hard on them, too," the former U.S. official said. "They are psychologists. They didn’t enjoy this at all." The two men threatened to quit if the waterboarding continued and insisted that officials from Langley come to Thailand to watch the procedure, the former official said. After a CIA delegation arrived, Abu Zubaida was strapped down one more time. As water poured over his cloth-covered mouth, he gasped for breath. "They all watched, and then they all agreed to stop," the former official said.

A 2005 Justice Department memo released this year confirmed the visit. "These officials," the memo said, "reported that enhanced techniques were no longer needed."
I read a piece sometime back written about Captain Less, the guy who interrogated Adolph Eichman prior to his trial and execution in Israel. No matter how hard Captain Less tried to incorporate Eichman into Hitler’s diabolical Final Solution, Eichman never seemed to quite understand. He was just a bureaucrat, doing his job, keeping production up. And it didn’t seem like he was being defensive. That’s just what he was.

I thought of Eichman as I read this article. James E. Mitchell and John "Bruce" Jessen were two clinical psychologists who are looking pretty bad right now. They were the driving force advising the C.I.A. in their interrogation of Abu Zubaida in Thailand using theories borrowed from clinical psychology [learned helplessness] and techniques lifted from the worst of the Communists in the Korean War and the Middle Ages. I expect that from their point of view, they were just doing their jobs.

In other accounts, they were chomping at the bit to have a crack at some high value detainee. Here was a chance to be the force that prevented another 9/11. And they were up against a hardened F.B.I. interrogator who used other techniques – getting close to the captive by changing  his bandages, praying with him. There was a lot of pressure to get a lot of information in a big hurry. So they began an escalating program trying to force information to flow from Abu Zubaida. All of this discussion with phrases like "borderline torture" is completely silly. What they did was just plain torture – nakedness, bombardment with loud music, confinement in a box, sleep deprivation, boarding, water-boarding – all of it.

Like with Adolph Eichman, the people "upstairs" were clamoring for results. Adolph Eichman, James E. Mitchell, and John "Bruce" Jessen were just trying to please their voracious superiors in offices somewhere else. "Headquarters was sending daily harangues, cables, e-mails insisting that waterboarding continue for 30 days because another attack was believed to be imminent,. Headquarters said it would be on the team’s back if an attack happened. They said to the interrogation team, ‘You’ve lost your spine.’" But finally, "Mitchell and Jessen now found themselves in the same position as Soufan, Shumate and others. The two men threatened to quit if the waterboarding continued and insisted that officials from Langley come to Thailand to watch the procedure."

What is the lesson in this story? Why does it need to be told? The problem was at the top. Donald Rumsfeld was right, we had some "bad apples" – and he was one of them. Our bad apples were at the top. And in this accounting, the authors imply that the pressure was a fear of another attack. While I’m sure that was true, all of this also occurred in the month before Cheney’s campaign for war – the Invasion of Iraq – wound up for real. They needed confirmation of a lie – that Hussein was involved in 9/11. What better model than those used by the Korean Communist interrogators to extract false confessions from our soldiers? So, the lesson? Don’t do it. Just don’t do it…
Mickey @ 12:16 PM

very curious…

Posted on Sunday 19 July 2009


Losing my religion for equality
The Age
Jimmy Carter
July 15, 2009

Women and girls have been discriminated against for too long in a twisted interpretation of the word of God.

I have been a practicing Christian all my life and a deacon and Bible teacher for many years. My faith is a source of strength and comfort to me, as religious beliefs are to hundreds of millions of people around the world. So my decision to sever my ties with the Southern Baptist Convention, after six decades, was painful and difficult. It was, however, an unavoidable decision when the convention’s leaders, quoting a few carefully selected Bible verses and claiming that Eve was created second to Adam and was responsible for original sin, ordained that women must be "subservient" to their husbands and prohibited from serving as deacons, pastors or chaplains in the military service…
While I respect Jimmy’s decision, I think decrying the Baptist’s position doesn’t plum the depth of this issue. The question is "why?" Why would the Baptists go out of their way to make this pronouncement. The Southern Baptists split off in 1845 over the question of Slavery. Now, they’re going out of their way to discriminate against women. What is the point, and how do these positions relate to religion? Very curious…
Mickey @ 11:12 PM