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Criminal Prosecution and Accountability


Judge Weighs Torture Claim Vs. Rumsfeld

By Matt Apuzzo, Associated Press

Washington - A federal judge on Friday appeared reluctant to give Donald H. Rumsfeld immunity from torture allegations, yet said it would be unprecedented to let the departing defense secretary face a civil trial.

"What you're asking for has never been done before," U.S. District Judge Thomas F. Hogan told lawyers for the American Civil Liberties Union.

Suit by Iraqis and Afghans Claims Rumsfeld Ordered Torture

By Warren Richey, Christian Science Monitor

The Justice Department has asked the judge to throw out the ACLU-supported case against the former defense secretary.

As Donald Rumsfeld prepares to leave his job as secretary of Defense, the American Civil Liberties Union (ACLU) is seeking to hold him responsible for what it says was widespread torture carried out at his direction. [Editor's Note: The original version was changed because the American Civil Liberties Union says its civil suit is not intended to prove a war crime.]

Video: U.S. v. Bush on Colbert Report

Watch Colbert talk about Elizabeth de la Vega's book here, or here. Then watch Colbert interview De la Vega here.

At Least Five Marines Are Expected to Be Charged in Haditha Deaths

By Paul von Zielbauer, New York Times

Washington - At least five marines are expected to be charged, possibly as early as Wednesday, with the killing of 24 Iraqis, many of them unarmed women and children, in the village of Haditha in November 2005, according to a Marine official and a lawyer involved in the case.

The charges are expected to range from negligent homicide to murder, said a senior Pentagon official familiar with the military's nearly nine-month investigation into the episode. Several marines from the Third Platoon of Company K, Third Battalion, First Marine Regiment, are accused of killing the villagers after a roadside explosion killed one of their comrades.

Tomgram: De la Vega, A Predisposition to Invade

http://www.tomdispatch.com

[Note: For those in the Santa Barbara area in California, Elizabeth de la Vega will be speaking on December 10th at a rally, one of many events being organized around the country for Human Rights (and Impeachment) Day. She'll be on stage with Ann Wright, Dennis Loo, and David Swanson (who also writes for Tomdispatch.com) among others. For more on this event and others that day visit Swanson's AfterDowningStreet.org website.]

A Story We Should All Know

From the ACLU

“I have come to America seeking three things. An acknowledgement that the United States government is responsible for kidnapping, abusing and detaining me; an explanation as to why I was singled out for this treatment; and an apology because I am an innocent man who has never been charged with any crime.” -- Khaled El-Masri, a victim of extraordinary rendition.

The case of our client Khaled El-Masri is one we should all be watching carefully. Yesterday, he stood up in a courtroom to challenge the Bush administration's use of "extraordinary rendition," abduction, detention and interrogation in secret overseas prisons.

Rendition Survivor Appeals Case Against CIA Officials

German Citizen Wants Apology for US Role in His Abduction, Torture
by Catherine Komp, The New Standard

Richmond, Va.; Nov. 29 – A federal appeals court heard arguments here Tuesday from civil rights advocates trying to reinstate a landmark lawsuit against the CIA over alleged human rights abuses.

Federal attorneys argued vigorously to keep the case from going to trial.

Judge strikes down Bush on terror groups

By LINDA DEUTSCH, Associated Press

A federal judge struck down President Bush's authority to designate groups as terrorists, saying his post-Sept. 11 executive order was unconstitutional and vague.

Some parts of the Sept. 24, 2001 order tagging 27 groups and individuals as "specially designated global terrorists" were too vague and could impinge on First Amendment rights of free association, U.S. District Judge Audrey Collins said.

Tomgram: Elizabeth de la Vega, Indicting Bush

www.tomdispatch.com

Think of it as a Tomdispatch.com milestone. This is now the first website to "indict" the President, the Vice President, and their colleagues for defrauding us into war in Iraq. I put that "indict" in quotes because what follows, as former federal prosecutor Elizabeth de la Vega makes clear in her new book United States v. George W. Bush et al., is "not an actual indictment." It can't be, of course; but consider it the second best thing.

Introducing Bush et alia's Indictment: Tomgram: Elizabeth de la Vega, Bringing Bush to Court

From TomDispatch

Keep in mind, I've run Tomdispatch.com for only a few years, but I've been a book editor in mainstream publishing for over 30 years. Sometime last spring, I was on the phone with former federal prosecutor Elizabeth de la Vega talking about books she might someday write, when she suddenly said to me, "You know what I'd like to do?" When I asked what, she replied, "What I've done all my life."

Lawyers File War Crimes Charges Against Rumsfeld and Others in German Court

Revolution Interview with Attorney Michael Ratner on the Case vs Rumsfeld

The Revolution Interview is a special feature to acquaint our readers with the views of significant figures in art, theater, music, literature, science, sports and politics. The views expressed by those we interview are, of course, their own, and they are not responsible for the views expressed elsewhere in Revolution and on our website.

Bay Area attorney prepares to take on Bush group

Arguing lawsuit for Valerie Plane and Joseph Wilson could be his highest-profile action yet
By Aaron Kinney, Tri-Valley Herald

BURLINGAME— Joe Cotchett has been involved in a host of high-profile cases, but the one set to begin early next year may end up dwarfing them all.
The Burlingame-based attorney is the lead trial lawyer in the civil lawsuit filed by ex-CIA officer Valerie Plame Wilson and her husband, former Ambassador Joseph Wilson IV, against Vice President Dick Cheney, his former chief of staff, Lewis "Scooter" Libby, presidential adviser Karl Rove and former Deputy Secretary of Defense Richard Armitage.

NSA Case Becomes Lawyer Junket

By Ryan Singel, Wired News

San Francisco - Forty-eight lawsuits against the nation's largest telecommunications companies for alleged participation in a warrantless government surveillance program had their first day all together in court Friday, in a courtroom packed with more than two dozen lawyers for the government, the companies and civil liberties groups.

The class-action lawsuits accuse BellSouth, Cingular Wireless, Sprint, MCI, Verizon, AT&T and even cable provider Comcast of violating various privacy and fair business laws for allegedly collaborating with the government's warrantless eavesdropping on Americans' overseas phone calls, domestic phone logs and internet usage. Together, the suits seek millions in damages.

Iraq rape soldier given life sentence

By Guardian Unlimited

A US soldier has been sentenced to 90 years in prison for conspiring to rape a 14-year-old Iraqi and kill her and her family.

Specialist James Barker was yesterday told he must serve 20 years before he could be considered for parole.

The 23-year-old - one of four US soldiers accused over the rape and killings - pleaded guilty and agreed to give evidence against the others to avoid the death penalty.

Call for a Special Prosecutor to Investigate U.S. Torture

The Center for Constitutional Rights is calling for the appointment of a Special Prosecutor to conduct a full, independent and public inquiry into the role of high-ranking U.S. officials in the abuse and torture of detainees in Iraq, Afghanistan, Guantánamo and elsewhere around the world. Sign the call.

Will Fox News Face Prosecution for Funding Terrorists?

FROM WND'S JERUSALEM BUREAU
Fox News reporters freed for $2 million
Terrorists used cash for arms to 'hit Zionists,'
payment said to encourage more abductions
By Aaron Klein
© 2006 WorldNetDaily.com
http://wnd.com/news/article.asp?ARTICLE_ID=52960

JERUSALEM – Palestinian terror groups and security organizations in the Gaza Strip received $2 million from a U.S. source in exchange for the release of Fox News employees Steve Centanni and Olaf Wiig, who were kidnapped here last summer, a senior leader of one of the groups suspected of the abductions told WND.

Guantanamo Detention Cases Must be Dismissed: US

By James Vicini, Reuters

Washington - The Bush administration said on Monday that Guantanamo prisoners have no constitutional right to challenge their detention before U.S. federal judges, and the lawsuits by hundreds of detainees must be dismissed.

In papers filed with a U.S. appeals court in Washington, Justice Department attorneys gave their most detailed argument yet that the cases must be dismissed because of the tough anti-terrorism law signed by President George W. Bush last month.

War Crimes Suit Filed in Germany Against Rumsfeld, Other Top U.S. Officials Over Prisoner Torture

DEMOCRACY NOW!

War Crimes Suit Filed in Germany Against Rumsfeld, Other Top U.S. Officials Over Prisoner Torture

Attorneys with the Center for Constitutional Rights filed a war crimes
lawsuit today in Germany against outgoing Defense Secretary Donald Rumsfeld,
and other high-ranking U.S. officials, for their role in the torture of
prisoners in Iraq and Guantanamo. We go to Berlin to speak with CCR

Exclusive: Charges Sought Against Rumsfeld Over Prison Abuse

A lawsuit in Germany will seek a criminal prosecution of the outgoing Defense Secretary and other U.S. officials for their alleged role in abuses at Abu Ghraib and Gitmo
By ADAM ZAGORIN, from Time, in partnership with CNN:

Just days after his resignation, Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.

War Crimes Suit Prepared against Rumsfeld

The president of the Center for Constitutional Rights, Michael Ratner, is heading to Germany today to file a new case charging outgoing Defense Secretary Donald Rumsfeld with war crimes for authorizing torture at Guantanamo Bay.
Listen/Watch/Read

Donald Rumsfeld: The War Crimes Case

By Marjorie Cohn

As the Democrats took control of the House of Representatives and were on the verge of taking over the Senate, George W. Bush announced that Donald Rumsfeld was out and Robert Gates was in as Secretary of Defense. When Bush is being run out of town, he knows how to get out in the front of the crowd and make it look like he's leading the parade. The Rumsfeld-Gates swap is a classic example.

Lawyers Fight for Habeas Rights

By Frida Berrigan
In These Times
Wednesday 08 November 2006

Inside the White House, President George W. Bush sat at a small desk. Surrounded by generals, congressmen and members of his administration, he signed the Military Commissions Act (MCA) into law. "It is a rare occasion when a president can sign a bill he knows will save American lives," he declared.

Outside the White House, it was raining. More than 100 religious leaders, survivors of torture and concerned citizens gathered to mourn the passing of a cornerstone of American law. Many of the marchers wore soggy orange jumpsuits and black hoods over their faces, representing the more than 400 men who remain imprisoned at Guantánamo. The gap between the Bush administration's agenda and the concerns of the activists outside could not have been greater.

War Criminals, Beware

By JEREMY BRECHER & BRENDAN SMITH
http://www.thenation.com

On November 14 a group of lawyers and other experts will come before the German federal prosecutor and ask him to open a criminal investigation targeting Donald Rumsfeld, Alberto Gonzales and other key Bush Administration figures for war crimes. The recent passage of the Military Commissions Act provides a central argument for the legal action, under the doctrine of universal jurisdiction: It demonstrates the intent of the Bush Administration to immunize itself legally from prosecution in the United States, even for the most serious crimes.

From Whitewater to Blackwater: Ken Starr, the Mercenaries' New Lawyer

By Jeremy Scahill and Garrett Ordower, www.thenation.com

Blackwater USA, the private military contractor in the Bush Administration's "war on terror," has a new lawyer working to defend it against a ground-breaking wrongful death lawsuit brought by the families of four of its contractors killed in Iraq. The new "counsel of record" for the North Carolina-based company is none other than former Whitewater investigator, Kenneth Starr--the independent counsel in the 1999 impeachment of President Bill Clinton over the Monica Lewinsky sex scandal. Starr was brought in last week by Blackwater to file motions in front of the US Supreme Court in a case stemming from the killing of four Blackwater contractors in the Iraqi city of Fallujah on March 31, 2004.

In the Libby Case, a Grilling to Remember

Washington Post

With withering and methodical dispatch, White House nemesis and prosecutor Patrick J. Fitzgerald yesterday sliced up the first person called to the stand on behalf of the vice president's former chief of staff.

If I. Lewis "Scooter" Libby was not afraid of the special counsel before, the former Cheney aide, who will face Fitzgerald in a trial beginning Jan. 11, had ample reason to start quaking after yesterday's Ginsu-like legal performance.

Bush, Cheney, Rumsfeld To Be Prosecuted By Ed Asner

By David Swanson

The evidence that Bush, Cheney, and Rumsfeld lied us into a war is overwhelming but also dry and dense. But imagine seeing it presented coherently and systematically in a dramatic performance full of humor and emotion. That is the gift that playwrite Craig Barnes has given us in "A Nation Deceived." The script is available now at http://www.anationdeceived.org and Barnes encourages you to take it to your local organizations and perform it. Beginning November 1st, you will be able to go to the same website and purchase a video on DVD of the play being performed by a group of actors with Ed Asner in the lead role. (If you're in Los Angeles on November 6, you can catch a live performance with Asner.)

To give you a taste of what this play is about, I interviewed the author. Audio of this interview is here:
http://www.afterdowningstreet.org/downloads/nationdeceived.mp3

David Swanson: Craig Barnes, author of "A Nation Deceived", it's good to talk to you.

Craig Barnes: Thank you, it's good to be here.

David Swanson: So, tell me about this play and where the idea came from to write it.

First Award for Depleted Uranium Poisoning Claim

By Martin Williams, http://www.denniskyne.com

Dr Schott's research formed part of a study of 16 British veterans of conflicts in the Gulf, Bosnia, and Kosovo, which found that they had 14 times the usual level of chromosome abnormalities in their genes, raising fears that they will pass cancers and genetic illnesses to their offspring.

A Scots ex-soldier has become the first veteran to win a pension appeal after being diagnosed with depleted uranium (DU) poisoning during the 1991 Gulf war. A Pension Appeal Tribunal Service hearing in Edinburgh accepted medical evidence provided by Kenny Duncan, of Clackmannan, previously dismissed by the MoD, which revealed he had become ill after service in the Middle East.

Speaking Events

2015

April 25 Houston

May 8 New Jersey

May 30 NYC here and here

August 27, Chicago

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