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Spanish prosecutors may decide this week whether to press ahead with a probe into six former Bush administration officials in connection with the torture of detainees at the U.S. military's Guantanamo Bay prison, court sources said.
The criminal investigation into the officials, who include ex-U.S. Attorney General Alberto Gonzales, would likely focus on whether they violated international law by providing a legal justification for the torture.
Spanish prosecutors were asked to review the case by Baltasar Garzon, a High Court judge who came to world prominence when he issued an international warrant for the arrest of former Chilean dictator Augusto Pinochet in 1998.
Note: This article was broadcast on ABC World News this evening. The video of the broadcast is not available on ABC's website.
In what may turn out to be a landmark case, a Spanish court has started a criminal investigation into allegations that six former officials in the Bush administration violated international law by creating the legal justification for torture in Guantanamo Bay.
The officials named in the 98-page complaint include former Attorney General Alberto Gonzales, who once famously described the Geneva Conventions as "quaint" and "obsolete."
Others include John Yoo, a former Justice Department lawyer who wrote the so-called "torture memo" that justified waterboarding and other extreme interrogation methods for terror suspects.
Also named are: former Under Secretary of Defense for Policy Douglas Feith; former General Counsel for the Department of Defense William Haynes II; Jay S. Bybee, formerly of the Justice Department's Office of Legal Counsel; and David S. Addington, former chief of staff and legal advisor to former Vice President Dick Cheney.
By ANDREW O. SELSKY, AP
SAN JUAN, Puerto Rico (AP) — A former State Department lawyer responsible for Guantanamo-related cases said Friday that the Bush administration overreacted after 9/11 and set up a system in which torture occurred.
Vijay Padmanabhan is at least the second former Bush administration official to publicly label "enhanced interrogation techniques" as torture. He said the administration was wrong in its entire approach when it sent detainees to the remote Navy base and declared it out of reach of any court.
"I think Guantanamo was one of the worst overreactions of the Bush administration," Padmanabhan told The Associated Press. He said other overreactions included extraordinary renditions, waterboarding that occurred at secret CIA prisons and "other enhanced interrogation techniques that would constitute torture."
One of the problems for the U.S. Government in releasing Guantanamo detainees has been that, upon release, they are free to talk to the world about the treatment to which they were subjected. When the Bush administration agreed to release Australian David Hicks after almost 6 years in captivity, they did so only on the condition that he first sign a documenting stating that he was not abused and that he also agree -- as The Australian put it -- to an "extraordinary 12-month gag order that prevent[ed] Hicks from speaking publicly about the actions to which he has pleaded guilty or the circumstances surrounding his capture, interrogation and detention," a gag order which "also silence[d] family members and any third party."
Longer version with more detail and advice: HERE.
For Meetings with Congress Members and Senators
During April 4-19, 2009, Recess
Adjust to your communities’ priorities and to fit your representative and senators. Make the case to them of the necessary trade-off in defunding war in order to fund human needs. Make alliances with activist groups wishing to pressure elected officials on domestic funding needs and workers’ rights.
Oppose Escalation of War in Afghanistan and Pakistan
A bipartisan group of fourteen members of Congress recently wrote to the president asking him to reconsider his proposal to send more troops to Afghanistan. Your representative and senators should send similar letters, and should include opposition to missile strikes or the introduction of troops into Pakistan.
From Public Record: Senate Committee Report to Reveal New Details Implicating Bush Officials in Torture
By Jason Leopold, Public Record
While Congress has focused primarily on the country’s economic turmoil and the lavish bonuses paid to Wall Street executives, a Senate Armed Services Committee report currently in the process of being declassified will force lawmakers to shift gears.
The Armed Services Committee will release--possibly as early as next week—its voluminous report on the treatment of alleged terrorist detainees held in U.S. custody and the brutal interrogation techniques they were subjected to, according to Defense Department and intelligence sources who described the report as the most detailed account to date of the roles senior Bush administration and Defense Department officials played in implementing a policy of torture at Guantanamo, Abu Ghraib prison in Iraq and other detention centers.
It’s a sign of how much the Bush administration skewed America’s moral compass that we are currently facing the possibility that the only way to bring the torturers to account is through a “Nonpartisan Commission Of Inquiry” -- essentially, a toothless truth and reconciliation commission -- of the type proposed by Sen. Patrick Leahy, the chairman of the Senate Judiciary Committee.
Louisiana Gov. Bobby Jindal again found himself carrying the Republican mantle opposite a primetime appearance from President Barack Obama on Tuesday, saying Republicans must be ready to defy the president when they disagree with his policies. He also joked about his widely panned response to Obama's address to Congress last month.
"We are now in the position of being the loyal opposition," Jindal said at a Republican congressional fundraising dinner that only by coincidence fell on the same night as Obama's news conference. "The right question to ask is not if we want the president to fail or succeed, but whether we want America to succeed."
By Jason Leopold, Consortium News
In 2005, after pushing out the Justice Department lawyer who had overturned President George W. Bush’s claimed authority to abuse “war on terror” prisoners, his administration reinstated key elements of the memos granting Bush virtually unlimited powers over the detainees, according to a list of still-secret documents.
According to knowledgeable sources, the Senate Foreign Relations Committee has hired John Kiriakou, the former CIA official who assisted with the 2002 capture of al-Qaeda detainee Abu Zubaydah and who said the detainee was tortured, as an investigator. Kiriakou, a CIA counterterrorism official from 1998 to 2004, will start work this week, focusing on the Middle East and South Asia for the committee.
Mr. Cheney, What About This 'Executive Assassination Squad'?
By John Nichols | The Nation
An elite assassination squad run out of the vice president's office? That certainly sounds like an interesting point at which to begin an official inquiry. And since the vice president is so willing to talk about his time in office--as evidenced by his recent media appearances--why not invite him up to Capitol Hill to engage in it? Ohio Congressman Dennis Kucinich has a suggestion that might get the ball rolling. Kucinich has asked New York Congressman Edolphus Towns, the chairman of the House Oversight and Government Reform Committee, to begin an immediate investigation into Hersh's allegations.
Fast Track This! CA Dems Seek Support for Impeachment Resolution of Torture Enabler Jay Bybee; Text & Background Available Here
Note: The deadline for resolutions is this Wednesday, March 25th. Please don't delay!
Hi... Just a note to let you know that I'm organizing a resolution from the California Democratic Party to impeach Jay Bybee.
Below, please find my letter requesting support, and the resolution itself:
Friends and Fellow Members of the California Democratic Party SCC:
This e-mail is marked "urgent" because new revelations are breaking daily about Bush-sanctioned torture, and the legal opinions that underpinned this unprecedented abuse of presidential power.
Next week's "Newsweek" magazine promises that the Obama administration will soon declassify three more key memos from 2005 by Bush's Justice Department detailing "enhanced interrogation" techniques, such as "waterboarding, head-slapping and other rough tactics."
By Luke Baker, Reuters
LONDON, March 23 (Reuters) - U.S. government lawyers tried to get a British resident held at Guantanamo Bay to sign a deal saying he had never been tortured and that he would not speak to the media as a condition of his release, according to documents presented in Britain's High Court.
U.S. lawyers also wanted Binyam Mohamed, an Ethiopian citizen held at Guantanamo for more than 4 years, to plead guilty to secure his freedom, even though he was never charged with a crime, according to documents released by two judges who ruled in the High Court case.
The documents, relating to a ruling the judges made last October, reveal the U.S. military wanted Mohamed to agree not to sue the United States or any of its allies, and that any rights to compensation should be assigned to the U.S. government.
White House ready to let Guantánamo inmates settle on US mainland
Obama administration reconciled to allowing some of Guantánamo Bay inmates on to US soil
By Julian Borger & Ewen MacAskill | Guardian UK
The White House is set to reverse a key Bush administration policy by allowing some of the 240 remaining Guantánamo Bay inmates to be resettled on American soil.
The US is pushing for Europe to take a share of released inmates, but the Obama administration is reconciled to taking some of them, even though there will be noisy resistance from individual states.
Washington has told European officials that once a review of the Guantánamo cases is completed, the US will almost certainly allow some inmates to resettle on the mainland.
UNLV colleagues of man who advised Bush on interrogation techniques agonize as they try to reconcile that work with the legal scholar they knew
By Patrick Coolican, Las Vegas Sun
Jay S. Bybee is described as a gentle soul. His legal scholarship was considered rigorous and his positions well reasoned and, though conservative, not dogmatic.
Even as he moved up easily through the elite echelons of government and academe, Bybee remained true to his nature, generous and kind.
So how could Bybee, now a judge on the U.S. Ninth Circuit Court of Appeals, sign his name to a legal document that seemed to sanction the use of torture?
This is the question now facing Bybee’s colleagues at UNLV’s Boyd School of Law, where he remains a tenured professor, and others who have worked with him. How he answers that question, if he ever decides to, will decide his legacy, those colleagues say.
By Michael Isikoff and Mark Hosenball, NEWSWEEK
Over objections from the U.S. intelligence community, the White House is moving to declassify—and publicly release—three internal memos that will lay out, for the first time, details of the "enhanced" interrogation techniques approved by the Bush administration for use against "high value" Qaeda detainees. The memos, written by Justice Department lawyers in May 2005, provide the legal rationale for waterboarding, head slapping and other rough tactics used by the CIA. One senior Obama official, who like others interviewed for this story requested anonymity because of the issue's sensitivity, said the memos were "ugly" and could embarrass the CIA. Other officials predicted they would fuel demands for a "truth commission" on torture.
[And non-officials might even suggest enforcing the *&$^%%^@! law. Gasp!]
Mr. Obama also should stop resisting an investigation of Mr. Bush’s policies on terrorism, state secrets, wiretapping, detention and interrogation....But understanding all that has gone wrong is the only way to ensure that abuses will truly end. That investigation should be done calmly rather than under the pressure of some new, shocking revelation. Former Vice President Dick Cheney is still proclaiming that waterboarding detainees prevented another attack. Among other things, an investigation would examine that assertion — for which Mr. Cheney offers no evidence, and which others have challenged. Everyone wants to move forward. The only way to do that, and make sure the system of justice is working properly, is to know exactly how Mr. Bush broke it.
As much as it needs to happen, we never expected President Obama to immediately reverse every one of President George W. Bush’s misguided and dangerous policies on terrorism, prisoners, the rule of law and government secrecy. Fixing this calamitous mess will take time and care — and Mr. Obama has taken important steps in that direction.
Ex-Bush admin official: Many at Gitmo are innocent
By Andrew O. Selsky | Google News
Many detainees locked up at Guantanamo were innocent men swept up by U.S. forces unable to distinguish enemies from noncombatants, a former Bush administration official said Thursday. "There are still innocent people there," Lawrence B. Wilkerson, a Republican who was chief of staff to then-Secretary of State Colin Powell, told The Associated Press. "Some have been there six or seven years."
The U.S. has rejected a Guantanamo prisoner's proposal to end his 3 1/2-year hunger strike in exchange for easing his conditions at the American prison in Cuba, saying such a deal would undermine security and encourage similar protests.
A federal judge in Washington had urged U.S. authorities to consider the proposed deal in the case of Ahmed Zuhair, a Saudi prisoner who has refused to eat since the summer of 2005 and is force-fed a liquid nutrient mix to keep him alive.
DC's Center for Constitutional Rights Presents "Reflections of a Guantanamo Lawyer" Wed., 3/25/2009 at 7 PM
Join us for "Reflections of a Guantanamo Lawyer" in Washington, DC on Wednesday, March 25, 2009, at 7 PM.
WHAT: Reflections of a Guantanamo Lawyer
WHO: Featuring CCR Staff Attorney Pardiss Kebriaei
WHEN: Wednesday, March 25, 2009, 7 p.m.
WHERE: Hart Auditorium, McDonough Building, Georgetown Law, 600 New Jersey Ave NW, Washington, DC
CCR staff attorney Pardiss Kebriaei will speak about her clients and the ongoing struggle to close Guantánamo and secure justice for its victims and survivors. In the face of the new executive orders by President Barack Obama to close Guantanamo, Ms. Kebriaei will lay out what is necessary to close the prison camp swiftly and effectively.
Guest Post by Lawrence Wilkerson: Some Truths About Guantanamo Bay
By Lawrence Wilkerson | Washington Note
Lawrence B. Wilkerson was chief of staff to Secretary of State Colin Powell and is chairman of the New America Foundation/U.S.-Cuba 21st Century Policy Initiative.
There are several dimensions to the debate over the U.S. prison facilities at Guantanamo Bay, Cuba that the media have largely missed and, thus, of which the American people are almost completely unaware. For that matter, few within the government who were not directly involved are aware either.
The first of these is the utter incompetence of the battlefield vetting in Afghanistan during the early stages of the U.S. operations there. Simply stated, no meaningful attempt at discrimination was made in-country by competent officials, civilian or military, as to who we were transporting to Cuba for detention and interrogation.
This was a factor of having too few troops in the combat zone, of the troops and civilians who were there having too few people trained and skilled in such vetting, and of the incredible pressure coming down from Secretary of Defense Donald Rumsfeld and others to "just get the bastards to the interrogators".
When Torture is “Torture”
by Scott Horton, Harper's
One moment still serves to define the Bush Administration’s relationship with the press. On April 29, 2006, comedian Stephen Colbert addressed the White House Correspondents’ Dinner, with President Bush present, and ripped into the press corps (“I have nothing but contempt for these people,” he uttered at one point, creating a bond with his television audience but drawing embarrassed recognition and no laughter from the correspondents present).
Over the last five years, you people were so good—over tax cuts, WMD intelligence, the effect of global warming. We Americans didn’t want to know, and you had the courtesy not to try to find out. … And then you write, Oh, they’re just rearranging the deck chairs on the Titanic. First of all, that is a terrible metaphor. This administration is not sinking. This administration is soaring. If anything, they are rearranging the deck chairs on the Hindenburg!”
A new report by a journalist who has seen a secret 2007 report by the International Committee of the Red Cross concludes:
Ray McGovern: A Nation of Torturers
Matt Daloisio of the 100 Days Campaign filed this report at the campaign's half-way mark.
We have passed the mid-point of the 100 Days, and the campaign continues to be quite busy! Here is a brief update on how things have been, and how you can get involved. Follow the campaign here which is updated daily.
100 DAYS VIGIL – THE UIGHURS - CONGRESSIONAL OUTREACH - MEDIA – SPEAKERS
& FILMS – DAY 100 (come to dc!) - 10 WAYS TO GET INVOLVED
100 DAYS VIGIL
As the seasons change, more and more folks are coming by our Monday – Friday, 11am-1pm, vigil in front of the White House. In the last few
weeks we have seen Joe Biden, Joe the Plumber, and the Prime Minister of Japan (just to name a few). We maintain a solemn presence in orange