Category Archives: Essays

The Sanitized Abuse

The government with the help of the ever prostrating press has sanitized the countless human rights violations in the War on Terror, especially with regards to torture and detention, by claiming that the detainees are the “worst of the worst”, enemy combatants, and too dangerous to set foot in our supermax prisons.

We now know that many of the detainees were not in fact captured on the battle field but were picked up off the streets in other countries, and that even the stories of those released only to return to the battlefield were pure fabrications; just another case of the press pushing the CIA company line by publishing unsubstantiated leaks. Then there were the Uyghurs (who we only kept in Guantanamo as part of a deal to gain China’s support for our War on Terror), those captured by head hunters without discrimination, and even a foreign journalist from Al Jazeera who was finally released after five years in a cage for doing much less than the two American women who now about to stand trial in North Korea. At least these women got pardoned by North Korea.

A good illustration of just how far we, as a nation, have strayed, take the recent example of Mohamed Jawad, as discussed by Glenn Greenwald,

As I noted last Friday, Mohamed Jawad became the latest Guantanamo detainee ordered released by a federal judge on the ground that there is insufficient evidence to substantiate the accusations against him.  Jawad was shipped from his native Afghanistan halfway around the world to the American prison in 2002, when he was no older then 15 and possibly as young as 12, accused of throwing a grenade at two American soldiers in his country.  The evidence against him consisted almost entirely of a “confession” he made after Afghan soldiers threatened to kill both him and his family if he did not confess — threats issued shortly after two innocent Afghans detainees were killed by American soldiers in Bagram prison.  I previously wrote in detail about Jawad’s case here.

. . .  even if the accusations against Jawad were true — and a federal judge just ruled there was little or no credible evidence that they are — it would mean that he did nothing more than throw a grenade at two soldiers who were part of a foreign army that had invaded his country.  Not even the Bush administration ever claimed he had anything to do with Al Qaeda, or was a high-level member of the Taliban, or had anything to do with any Terrorist plots.  Independent of whether the American invasion of Afghanistan was or was not justified, how could an act like that — an attack by a native citizen against soldiers of an invading army — possibly make someone a Terrorist or a war criminal, let alone justify shipping them thousands of miles away to a camp for Terrorists (or, more bizarrely still, trying them in an American criminal court under American criminal law)?

It’s as though we’ve interpreted the laws of war so that it’s perfectly legal for the U.S. to invade, occupy and bomb other countries, but it’s illegal and criminal — it turns someone into a Terrorist — if any of the citizens of those countries fight back against our army.  When one adds to all of that Jawad’s very young age at the time of his detention, the fact that he was repeatedly tortured, and the fact that he’s now been kept in a cage for seven years, thousands of miles from his country, without any charges at all, his ongoing detention should horrify any decent person.

Take away the cleaned up versions, and it is hard to accept our government’s actions or the fact that we are so eager to endorse the abuse. Or are we just a very, very vindictive people.

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The American Mullahs

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On reflecting upon the recent faux outrage about the faux racism of Judge Sotomayor by a panel of almost identical looking senators (both in dress and physical appearance), these gentlemen are beginning to resemble their Iranian counterparts. While the Mullahs allegedly deny the Holocaust, here we have the scrutiny of a senator from South Carolina, a state that until recently flew the Confederate Flag (which is either racist or unpatriotic) and the indignation of the senator from Alabama, a state that had de facto slavery until the 1940s. Never mind that Sotomayor has in the majority of her judicial decisions ruled against plaintiffs in civil rights cases; that Justice Alito who has admitted that his ethnic background affects his judicial decisions recently ruled in favor of an Italian American in the Ricci case; that to Republican senators judicial impartiality means favoring the status quo only; that the Republican Vice Presidential candidate in the last election ran on the platform that her values and insight as a rural woman made her superior to urban men; or that there has only been two non white justices and only two women on the Supreme Court in its entire history. Sotomayor is the racist and white senators must fear her wrath.

And now because a black Harvard professor, an elitist like Obama himself, may have cried wolf, suddenly rejecting the very existence of racial profiling, like Iranian Holocaust denial, has become the conservative battle axe of the day. Nevertheless, the image of the American Mullahs alone speaks volumes.

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The CIA is Officially Above the Law

In today’s Washington Post, CIA Director Leon Panetta essentially immunizes the CIA from compliance with the law. The “it’s time to move on” argument, favoring practicality over principle, places political expediency above the rule of law and ultimately sets a standard for future agency impunity.

According to Panetta we “must find a balance between appropriate oversight and a recognition that the security of the United States depends on a CIA that is totally focused on the job of defending America” (emphasis added). Normally that balance would be found in the application of the rule of law, but if Panetta has already liberated the CIA from having to concern itself with or be confined by the law, then what are we left with to balance?

We are supposed to believe that that balance is to be found in the political process, and because the “last election made clear that the public wanted to move in a new direction”, we have thus moved on. Under a new president, the “CIA no longer operates black sites and no longer employs ‘enhanced’ interrogation techniques.” This all comes from an administration whose transparency policy demands the total secrecy and immunity for all past and ongoing activities relating to intelligence gathering and national defense. Yesterday, there were mass public demonstrations in Kuala Lumpur against the Malaysian government’s decade old law permitting detention without trial. Meanwhile, the Obama White House continues to back indefinite detention without trial for anyone who it believes may pose a national security threat, not just those enemy combatants we cannot try in court because the Bush Administration screwed up. Because no one is protesting in the streets, does that mean we’ve moved on?

Then there is the president’s additional “I am going to need you more than ever” argument. In other words, we should not investigate credible claims of crimes because doing so may hurt agency morale. The military regularly investigates its soldiers and officers, so why can’t the CIA? Imagine applying this unique “agency morale” standard to the military, police, government, schools or other institutions; for example not investigating claims of sexual abuse by teachers because doing so may hurt teacher morale? Or by priests because it may damage the reputation of the Church?

In this vein, Panetta does not want the application of the law to the CIA to “taint those public servants who did their duty pursuant to the legal guidance provided.” But that does not mean that we exculpate the Bush Cheney White House who searched for lone, middle level attorneys to rubber stamp, in bad faith, what was clearly contrary to well settled law. There is no reason why, as Panetta fears, that we must follow the age old Washington tradition and scapegoat the “Bad Apples” as the Defense Department did with Abu Ghraib.

Of course, Panetta fails to mention that by refusing to investigate claims of torture, the U.S. is violating International Law and its treaty obligations, and is therefore potentially subjecting CIA operatives and officials to criminal prosecution abroad, restricting their international travel and inevitably tainting their reputations.

Finally, the ultimate problem with this Reconciliation Without the Truth or the Commission approach to the rule of law is that it creates a standard whereby it is almost impossible to foresee a scenario in which the CIA would ever be subject to the law. So, Mr. Panetta, what can the CIA not get away with?

It’s not about the past, it’s about the future.

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Practicality vs. Principles

Probably what bothers me most these days about the political dialogue in the United States is the full circle from the politicians’ cynicism and hypocrisy to an enabling establishment media, the willing public who eat it all up, and finally back to the politicians who justify their bogus positions based on the manipulated media and willing public. Continue reading

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Clash of Spanish Civilizations

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Spanish Prime Minister, Jose Luis Rodriguez Zapatero (aka, ZP), has been promoting an Alliance of Civilizations as the solution to the so-called Clash of Civilizations that he and some others believe to be the root of violent extremism (aka, radical Islamic fundamentalism). Just which “civilizations” he is talking about is anyone’s guess, considering that Islam, since I last checked, has never been a civilization. Like Christianity, Islam is a religion that exists and has existed across many different continents, cultures, and civilizations.

I wonder whether ZP has any similar proposals to solve the problems of Spain’s own domestic terrorism woes, with two separate bombing over the past two days. Should we believe that there is a Clash of Spanish Civilizations and a need for an Alliance? Or should we conclude, like so many people do in the Spain and the West about Islam, that there is something inherently backward about the Spanish people that we should fear all things Spanish and even Catholics (as Catholicism is protected by the Spanish Constitution)? Should we panic if we see someone on our plane wearing a t-shirt with Spanish written on it or even speaking the language? Should we put wiretap on churches, private religious schools, and investigate non-profit Catholic foundations? Yes, I know that these ETA terrorists are just a tiny radicalized minority from one small region, but similar facts have not stopped ZP from considering extremism in other regions of the world to be rooted in culture and conflicting civilizations.

Even the perennial loser, opposition leader Mariano Rajoy, has had a thing or two to say about the ill effects of religious extremism on civilizations. Last year Rajoy proposed to protect women’s rights by regulating the use of the veil or headscarf in public places. This is particularly a problem in my Madrileño barrio of Chamberí, except that the great majority of the women you see in the streets with their heads covered are nuns who wear their full traditional religious attire when teaching in the semi-public local Catholic school. Personally, I think we should stop talking about the problem and just shut the convent down. Either that or U.S. air strikes, preferably by drones to limit military casualties.

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Arm the Senate!

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If you are not from the U.S., you surely find the American fascination with guns odd. Now factor in the large support amongst congressmen for legislation permitting the possession of concealed fire arms in a wide array of public places, and you have to wonder if America really is like the Wild West of the movies.

E.J. Dionne, Jr. of the Washington Post does a nice job at sarcasm on the topic.

Arm the Senate!
Monday, July 27, 2009

Isn’t it time to dismantle the metal detectors, send the guards at the doors away and allow Americans to exercise their Second Amendment rights by being free to carry their firearms into the nation’s Capitol?

I’ve been studying the deep thoughts of senators who regularly express their undying loyalty to the National Rifle Association, and I have decided that they should practice what they preach. They tell us that the best defense against crime is an armed citizenry and that laws restricting guns do nothing to stop violence.

If they believe that, why don’t they live by it?

Why would freedom-loving lawmakers want to hide behind guards and metal detectors? Shouldn’t NRA members be outraged that Second Amendment rights mean nothing in the very seat of our democracy? Continue reading

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On Racial Profiling

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Regardless of the overwhelming facts, statistics and every other indicator in between that point to the ongoing problem of racial profiling in America, there are groups of people, mainly on the right, who somehow think the problem rests alone in one Harvard professor’s mind or in President Obama’s “stupidly” comment. It is not surprising that these same “conservatives” were also hell bent on labeling Judge Sotomayor a racist. But I am not sure if it is more ironic or pathetic that these individuals feel the need to cry reverse-racism at the drop of the dime, quicker even than their so-called “victimized” minorities do.

Uncharacteristic of the media these days, there was actually a decent discussion of the issue, including a criticism of how the press covered the issue, on This Week with George Stephanopoulos today, in part because the conservative panelists – George Will and David Brooks – are probably the only ideologically consistent and intellectually honest conservative journalists on the market. The same can be said on the side of the spectrum of Nobel Prize winning economist Paul Krugman. For example, I would agree with George Will that it was stupid for Obama to allow himself to get drawn into the controversy. Nevertheless, Paul Krugman also made the obvious point that Obama’s “stupid” remark was inopportune precisely because it is was so fundamentally accurate, and we all know that saying truths is politically dangerous.

The way I look at it, we are confronted with two issues: the problem of racial profiling, of which Mr. Gates’ case arguably pales in comparison to the real problem of racial profiling, and the relationship between the police and citizens. Continue reading

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A Perfect World

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Meet the Idiots

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For the most part, I have stopped watching Meet the Press altogether. To begin with, David Gregory is pure mediocracy in motion, the embodiment of an establishment press that is too self-interested to ever ask truly relevant questions. Rather Gregory feigns “journalism” with the initial gotcha question, but then never follows it up with anything challenging. The end result is not journalism but a friendly medium for politicians to safely repeat their party lines. Gregory becomes nothing more than a megaphone for the political class, perpetuating the farce that has become our political culture. If Cronkite was the “most trusted man on television” — who Meet the Press is now hypocritically celebrating — then how should we describe the likes of Gregory and company? Continue reading

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Illegal, and Pointless

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Today’s New York Times editorial.

July 17, 2009
Editorial
Illegal, and Pointless

We’ve known for years that the Bush administration ignored and broke the law repeatedly in the name of national security. It is now clear that many of those programs could have been conducted just as easily within the law — perhaps more effectively and certainly with far less damage to the justice system and to Americans’ faith in their government.

That is the inescapable conclusion from a devastating report by the inspectors general of the intelligence and law-enforcement community on President George W. Bush’s warrantless wiretapping program. The report shows that the longstanding requirement that the government obtain a warrant was not hindering efforts to gather intelligence on terrorists after the 9/11 attacks. In fact, the argument that the law was an impediment was concocted by White House and Justice Department lawyers after Mr. Bush authorized spying on Americans’ international communications. Continue reading

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