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Criminal Prosecution and Accountability


Killing of leaders was being planned: Exposing the Federal Government’s Plan to Crush the Occupy Movement (Part I)

By Dave Lindorff


  Listen to Dave Lindorff explain on Santa Barbara radio KCSB's Radio Occupy program how the federal government, in collusion with state and local police, and possibly with private bank and oil company security firms, planned to use "suppressed sniper fire" to assassinate the leaders of Occupy Houston, and perhaps also the leaders of other Occupy Movement actions around the country.

‘Karma’s a bitch’: Supreme Court Upholds Disbarment of Former Kansas Attorney General and Anti-Abortion Fanatic Phill Kline

By Dave Lindorff

 

Disgraced former Kansas Attorney General Phill Kline, who while in office as AG and later as a county prosecutor conducted a draconian inquisition against abortion doctors and the state’s Planned Parenthood organization, may still be a visiting assistant professor of law at Jerry Falwell’s Liberty “University” in Lynchburg, Virginia, but he isn’t allowed to practice law anymore. 

 

Punishment or Witness Elimination?: Confessed Brazilian Torturer Found Murdered

By Michael Uhl

  

            At approximately four o’clock this past Thursday afternoon, Paulo Malhaes, a retired officer who served in the ‘70s  during the years of Brazil’s military dictatorship, was murdered at his small farm outside of Rio de Janeiro.

The Night of the Generals: When Brazilians were Tortured and Disappeared

By Michael Uhl


“The Face of Evil,” flashed the eye catching headline in Brazil’s major daily on a morning late this March, and the accompanying photo of Army lieutenant-colonel Paulo Malhaes, retired, could not have portrayed a more convincing ogre had it been photo shopped by central casting. Malhaes, a self-described torturer and murderer operated in the early 1970′s, the most repressive period in Brazil’s harsh era of prolonged military rule,

Lawsuit to Protect Atmosphere as Public Trust to Be Heard in DC

The groundbreaking atmospheric trust case, Alec L, et al., vs. McCarthy, et al. will be heard before the Court of Appeals on May 2 in Washington DC.  You can be part of this historic event in two ways:

  1.  If you are in the DC area, come help us fill the Court of Appeals, 333 Constitution Ave, NW at 8:30 am.  
  2.  If you can't come in person, donate to cover expenses for the youth plaintiffs who filed this lawsuit to attend.

Dr James Hansen, formerly of NASA's Goddard Institute, will be attending the hearing, along with plaintiffs, supporters from iMatter and other youth organizations....as well as oil industry lobbyists who are co-defendants with the Federal Government, fighting for their right to pollute as much carbon into the atmosphere as they desire.  It's important to get as many young people in the gallery as possible.  Can you help?

Dr Hansen's prescription, written with 11 of the world's top climate scientists, provide the backbone of the remedy we seek in our lawsuit:  a national Climate Recovery Plan based on science rather than politics.  One that will actually restore the balance in the atmosphere for future.  Please stand with us.


Thank you,
The Teenagers suing the US Government to protect the atmosphere for our generation's future

alec loorz

"My generation knows that this planetary crisis will require a human shift of massive proportions. We cannot create that shift alone.  We need our government, our leaders, businesses and our elders to understand that it is unethical and can no longer be legal to pollute our atmosphere as if there are no consequences.  Our futures depend on a society that lives according to the implicit demands of the public trust doctrine.  We trust the legal system to protect our right to a livable planet."

Alec Loorz, lead plaintiff
Founder, Kids vs Global Warming



Gs for thing

"The good news of our lawsuit being heard in the Court of Appeals is that we are one step closer to realizing a restored future for our generation. This could change the tides of the good fight that many have been fought for so long. It should be illegal for fossil fuel companies to pollute our air and destroy our future. We trust the scientists who have studied the climate and have recommendations to lower carbon emissions."

Garrett Serrels and Grant Serrels
Plaintiffs and members of iMatter Youth Council

Madeline Wallace (1) 3

"I am very concerned that the continued rate of business-as-usual carbon dioxideemissions will affect our daily life and our use and enjoyment of lands, waters and wildlife that I love. We are relying on the courts to demand our federal government do its job to protect the atmosphere, as one of our most precious natural resources. This is about humanity’s survival and all of life on earth."

Madeleine Wallace
Plaintiff  




Screen shot 2014-04-22 at 7.58.48 AM

"The government needs to put a more daring carbon emissions reduction plan in place as soon as possible, and at this point, the most direct and most efficient way to encourage that is through the federal courts. This is why I am a plaintiff with several other kids from across the country who believe the government must do more to protect the future of our planet."

Zoe Johnson
Plaintiff




Appeals Court Rules Government Can't Have It Both Ways on Targeted Killing

In an important opinion issued today in the ACLU's ongoing litigation surrounding the government's targeted killing program, the U.S. Court of Appeals for the Second Circuit roundly rejected the government's extreme claims of official secrecy over information about the program.

Legalize it!: NJ Gov. Christie Castigated for Cannabis Law Roadblocks

By Linn Washington, Jr.


The spirited protest outside the front door of the New Jersey Statehouse in Trenton, where nearly 150 demonstrators bashed NJ Governor Chris Christie for scandalous obstruction of the state's medical marijuana law, featured the presence and participation of the youngest offspring of two of the most legendary stars in reggae music history.

“Crimes against Peace”: Historic Class Action Law Suit against George W. Bush

published on Global Research 21 Apr 2014

bushcriminal

The case for Aggressive War against George W. Bush

On March 13, 2013, my client, an Iraqi single mother and refugee now living in Jordan, filed a class action lawsuit against George W. Bush, Richard Cheney, Colin Powell, Condoleezza Rice, Donald Rumsfeld and Paul Wolfowitz in a federal court in California.

End the Drug War: Happy Pot Legalization Day!

A Special Report today on the issue of ending Marijuana Prohibition and the massively destructive War on Drugs, by TCBH! collective journalist Linn Washington, Jr. and three students in his Temple University journalism class:


Marijuana: Facts and Falacies, by Linn Washington


Rumsfeld Personifies Our Society

When Donald Rumsfeld used to hold press conferences about the Iraq war, the press corps would giggle at the clever ways in which he refused to actually say anything or answer any questions. 

In a new film about Rumsfeld called The Unknown Knowns, the aging criminal is occasionally confronted with evidence that what he's just said is false. He maintains a frozen grin and acts as if nothing has happened.  The film's director, interviewing Rumsfeld, never presses the truly uncomfortable points.

The closest the film comes to asking Rumsfeld about the wrongness of launching a war on Iraq is with the question "Wouldn't it have been better not to go there at all?"  Not "Wasn't it illegal?" Not "Do you believe 1.4 million Iraqis were killed or only 0.5 million?" Not "When you sleep at your home at the Mt. Misery plantation where they used to beat and whip slaves like Frederick Douglass how do you rank the mass slaughter you engaged in against the crimes of past eras?" Not "Was it at least inappropriate to smirk and claim that 'freedom is untidy' while people were destroying a society?"  And to the only question that was asked, Rumsfeld is allowed to get away with replying "I guess time will tell." 

Then Rumsfeld effectively suggests that time has already told.  He says that candidate Barack Obama opposed Bush-era tactics and yet has kept them in place, including the PATRIOT Act, lawless imprisonment, etc.  He might have added that President Obama has maintained the right to torture and rendition even while largely replacing torture with murder via drone.  Most crucially for himself, he might have noted that Obama has violated the Convention Against Torture by barring the prosecution of those responsible for recent violations.  But Rumsfeld's point is clear when he notes that Obama's conduct "has to validate" everything the previous gang did wrong.

I've long included Rumsfeld on a list of the top 50 Bush-era war criminals, with this description:

"Donald Rumsfeld lives in Washington, D.C., and at former slave-beating plantation "Mount Misery" on Maryland's Eastern Shore near St. Michael's and a home belonging to Dick Cheney, as well as at an estate outside Taos, New Mexico. He took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, and was in fact a leading liar in making the false case for an illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for the New American Century."

The National Lawyers Guild noted years ago:

"It was recently revealed that Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft met in the White House and personally oversaw and approved the torture by authorizing specific torture techniques including waterboarding. President Bush admitted he knew and approved of their actions. 'They are all liable under the War Crimes Act and the Torture Statute,' Professor [Marjorie] Cohn testified. 'Under the doctrine of command responsibility, commanders, all the way up the chain of command to the commander-in-chief, are liable for war crimes if they knew or should have known their subordinates would commit them, and they did nothing to stop or prevent it. The Bush officials ordered the torture after seeking legal cover from their lawyers.'"

This doesn't come up in the movie.  Rumsfeld does shamelessly defend abusing and torturing prisoners, and maintains that torturing people protects "the American people," but he passes the buck to the Department of Justice and the CIA and is never asked about the White House meetings described above.  When it comes to Abu Ghraib he says he thought "something terrible happened on my watch" as if he'd had nothing to do with it, as if his casual approval of torture and scrawled notes about how he stands up all day and so can prisoners played no part.  (He also claims nobody was killed and there was just a bit of nudity and sadism, despite the fact that photos of guards smiling with corpses have been made public -- the movie doesn't mention them.)  Asked about abuses migrating from Guantanamo to Iraq, Rumsfeld cites a report to claim they didn't.  The director then shows Rumsfeld that the report he cited says that in fact torture techniques migrated from Guantanamo to Iraq.  Rumsfeld says he thinks that's accurate, as if he'd never said anything else.  Rumsfeld also says that in the future he believes public officials won't write so many memos.

The central lie in Rumsfeld's mind and our society and The Unknown Knowns is probably that irrational foreigners are out to get us.  Rumsfeld recounts being asked at his confirmation hearing to become Secretary of So-Called Defense "What do you go to sleep worried about?"  The answer was not disease or climate change or car accidents or environmental pollution or starvation any actually significant danger.  The answer was not that the United States continues antagonizing the world and creating enemies.  There was no sense of urgency to halt injustices or stop arming dictators or pull back from bases that outrage local populations.  Instead, Rumsfeld feared another Pearl Harbor -- the same thing his Project for the New American Century had said would be needed in order to justify overthrowing governments in the Middle East.

Rumsfeld describes Pearl Harbor in the movie, lying that no one had imagined the possibility of a Japanese attack there.  The facts refute that endlessly repeated lie.  Then Rumsfeld tells the same lie about 9-11, calling it "a failure of imagination."  What we're going through is a failure of memory.  These words "FBI information ... indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York" appeared in an August 6, 2001, briefing of President George W. Bush titled "Bin Laden Determined to Strike in U.S."

The movie does a decent job on Rumsfeld's pre-war lies.  Rumsfeld tells the camera that nobody in the Bush administration ever tied Saddam Hussein to 9-11.  Then the film shows old footage of Rumsfeld himself doing just that.  Similar footage could have been shown of numerous officials on numerous occasions.  Rumsfeld has clearly been allowed such levels of impunity that delusions have taken over.  He rewrites the past in his head and expects everyone else to obediently follow along.  As of course Eric Holder's Justice Department has done. 

Rumsfeld, in the film, dates the certainty of the decision to invade Iraq to January 11, 2003.  This of course predates months of himself and Bush and Cheney pretending no decision had been made, including the January 31, 2003, White House press conference with Bush and British Prime Minister Tony Blair at which they said they were working to avoid war, after Bush had just privately proposed to Blair a string of cockamamie ideas that might get a war started.

Bizarrely, the film's director Errol Morris asks Rumsfeld why they didn't just assassinate Saddam Hussein instead of attacking the nation of Iraq.  He does not ask why the U.S. didn't obey the law.  He does not ask about Hussein's willingness to just leave if he could keep $1 billion, as Bush told Spanish president Jose Maria Aznar that Hussein had offered.  And even the question asked, Rumsfeld refuses to answer until he makes Morris complicit.  Morris had used the word "they," as in "why didn't they just assassinate him?" whereas he clearly should have used the word "you," but Rumsfeld makes him repeat the question using the word "we" before providing an answer.  We?  We were lied to by a criminal government.  We don't take the blame as servants to a flag.  Are you kidding?  But Morris dutifully asks "Why didn't we just assassinate ... ?"

Rumsfeld replies that "We don't assassinate" and tries hard not to grin.  Morris says "but you tried" referring to an attempt to bomb Hussein's location.  Rumsfeld excuses that by saying it was "an act of war."  This is the same line that human rights groups take on drone murders.  (We can't be sure if they're illegal, because President Obama may have written a note and hid it in his shoe that says it's all a part of a war, and war makes murder OK.)

Rumsfeld blames Iraq for not avoiding being attacked.  He pretends Iraq pretended to have weapons, even while blaming Iraq for not turning over the weapons that it claimed not to have (and didn't have).  The veteran liar lies that he thought he was using the best "intelligence" when he lied about Iraqi weapons, and then passes the buck to Colin Powell. 

Rumsfeld and the nation that produced him didn't turn wrong only in the year 2001.  Rumsfeld avoided Watergate by being off to Brussels as ambassador to NATO, a worse crime one might argue than Watergate, or at least than Nixon's recording of conversations -- which is all that this movie discusses, and which Rumsfeld describes as "a mistake."  Asked if he learned anything from the U.S. war that killed 4 million Vietnamese, Rumsfeld says "Some things work out, some things don't."  I think he expected applause for that line.  On the topic of meeting with Saddam Hussein in the 1980s, Rumsfeld is allowed to describe his mistake as having been filmed shaking hands with the man he calls a dictator.  But he's never asked about having supported Hussein and armed and assisted him, including with weapons that would later (despite having been destroyed) form the basis of the pretended cause of war.

After giving the fun-loving sociopaths of fictional dramas a bad name for two hours, this real person, Donald Rumsfeld, blames war on "human nature" and expresses pretended sadness at future U.S. war deaths, as if 95% of the victims of U.S. wars (the people who live where the wars are fought) never cross his mind at all.  And why should they?

Fury punches out early: Striking a Blow for Disarmament in Maine Shipyard

By Dave Lindorff

 

Let us pause to honor Charles Fury.

USAID used fake Twitter to try and oust a government!: The Hummingbird Tweet: An Espionage Tale

By Alfredo Lopez

For two years, starting in 2010, the United States Agency for International Development ran a social networking service -- similar to Twitter -- for the Cuban people. Its long-term objective was to forment popular revolt against the government and de-stabilize the country.

AP Re-Used Three-Year-Old Article on Torture Report

The Associated Press is denying claims by two of its writers that cost-savings was a motivation.  Rather, says editor Richard Giardino, an error resulted in the accidental re-publication last week of an article on a Senate committee report on torture, an article that had originally been published in 2011.

In defense of the wire service, Giardino noted in a 2,000-word explanation, that "while the article may have been dated, it ran in dozens of newspapers without anyone noticing." In fact, wrote Giardino, were it not for a couple of bloggers, the incident "might have passed unnoticed."

I think he has a point.  Over the past eight years, there have been 73 separate moments in which major news stories have reported widely across the U.S. media that it has for the first time become clear that former President George W. Bush, Vice President Richard B. Cheney, or their subordinates ordered the commission of torture.  That count does not include several interviews, and memoirs, in which Bush and Cheney have openly admitted to the crime, bragged about it, or professed the sentiment that they "would do it again."

While torture has been a violation of international law and U.S. treaty obligations, and a felony under U.S. law, since before George W. Bush moved into the White House, indictments have not been forthcoming.  Instead, a series of investigations and reports, and censorship thereof, have generated stories around the possibility that individuals might have done what we've already seen them confess to on camera.

Questioned on CBS Evening News on Monday, Giardino became agitated. "Look," he said, "if we just put out the sort of fact-based news that bloggers say they want, we'd be describing top authorities in this country as routine violators of the law.  We have to find a balance between straight-forward reporting and the understanding that we aren't locking up presidents and CIA directors because the investigations are ongoing.  And when the investigations are ongoing for years and years and years, then breaking the same news more than once is actually more accurate than inventing new details that haven't taken place."

During the past eight years, thousands of U.S. news reports have discussed the possibility of criminalizing torture, without noting that it already is criminal.  Frank Cretino, associate editor of the Washington Post, defends this record, saying, "The fact that torture is already banned does not negate the act of banning it, particularly as most people do not know it is already banned.  Of course, we could so inform our readers, but that would be like noting that politicians take bribes, or indicating wherever relevant that our owner makes more money from the CIA than from our paper, or recognizing that torture is just one aspect of a collection of actions made criminal by the illegality of the wars they are part of, or pointing out to people that the date is April 1 at the beginning of a story."

Clueless or Callous?: Philly's DA Professes Dubious Expertise on Prejudice

By Linn Washington Jr.


Philadelphia’s District Attorney, Rufus Seth Williams, the first African-American in Pennsylvania to hold a powerful top prosecutor post, persistently projects himself as an expert on racism.

Commendably Williams has acknowledged the corrosive impact of racism within the criminal justice system.

What are they hiding?: Some Serious Problems with the FBI’s Killing of a Witness in Florida

By Dave Lindorff


In the voluminous report issued by Florida State’s Attorney Jeff Ashton’s Office on the killing in Orlando last May 22 of a witness/suspect under interrogation by the FBI -- an investigation that concluded that the shooting was “justified” -- there is not a single mention of the bruise and contusion on the left side of Todashev’s head.


Florida State’s Attorney takes a dive on FBI slaying probe Two Law Enforcement Officers, Two Stories of a Witness Killing: Who’

By Dave Lindorff

 

The Florida State’s Attorney for the Orlando region, Jeffrey Ashton, today released his conclusion at the end of a 10-month investigation into the FBI slaying of Ibragim Todashev, a suspected witness in the Boston bombing case, saying that he will not be prosecuting the agent. Ashton ruled that the killing, in which the agent, at the end of a nearly 5-hour May 21 interrogation in Todashev’s Orlando apartment, fired seven bullets into Todashev, killing him justifiably, after being attacked.


Did the FBI Snuff a Boston Marathon Bombing Witness? Dark Questions About a Deadly FBI Interrogation in Orlando

By Dave Lindorff


(This article was written as an exclusive for Counterpunch magazine, where the full story can be read, along with photos of the crime scene)


If they drop these charges, why not all of them?: Crowd-Sourcing, Crowd Support and Barrett Brown's Partial Victory

By Alfredo Lopez

 

Federal prosecutors last week dropped several of the most significant charges facing Internet activist and journalist Barrett Brown -- charges that could have drawn a jail sentence of 105 years.

The Lawlessness of the Enforce the Law Act

Not being mush much of a masochist, I don't usually read emails from the Democratic Whip in Congress, but I opened one Tuesday night and was mildly excited to read that the U.S. House of Representatives would spend Wednesday debating the "ENFORCE the Law Act of 2014." Wow, I thought, which law will they pick? Will it be the Humphrey-Hawkins Full Employment Act? Would I, moments from now, be phoning a bunch of people to tell them jobs are on the way? Or ... wait a minute! Oh my god, would large corporations be paying taxes now? Or will it be the Kellogg-Briand Pact or maybe the U.N. Charter -- Are we about to announce to the world that the wars are over?  Perhaps, I thought, it's going to be the anti-torture statute -- hot damn! I wonder when the tickets for the CIA trials go on sale and how much a front row seat will cost. Or are bankers going to be subject to laws?

Not funny, but it’s still hard not to laugh: How Can the US Accuse Russia of Violating International Law?

By Dave Lindorff


If you want to make moral or legal pronouncements, or to condemn bad behavior, you have to be a moral, law-abiding person yourself. It is laughable when we see someone like Rush Limbaugh criticizing drug addicts or a corrupt politician like former Sen. John Ensign (R-NV) voting for more prisons, more cops, and tougher rules against appeals of sentences.


The same thing goes for nations.

Criticizing repression of protest abroad, practicing it at home: What if Americans Demanded the Ouster of This Government?

By Dave Lindorff


Ukraine’s new rulers, in one of their first acts, have disbanded that country’s riot police.


Complaint filed at International Criminal Court over NATO allies’ complicity in US drone strikes

From REPRIEVE:
 
Drone victims are today lodging a complaint with the International Criminal Court (ICC) accusing NATO member states of war crimes over their role in facilitating the US’ covert drone programme in Pakistan.
 
It has been revealed in recent months that the UK, Germany, Australia, and other NATO partners support US drone strikes through intelligence-sharing. Because all these countries are signatories to the Rome Statute, they fall under The ICC’s jurisdiction and can therefore be investigated for war crimes. Kareem Khan - whose civilian brother and son were killed in a 2009 drone strike – is at The Hague with his lawyers from the human rights charity Reprieve and the Foundation for Fundamental Rights who have filed the complaint on his behalf. 
 
The CIA has launched more than 300 missiles at North Waziristan since its covert drone programme began and it is estimated that between 2004 and 2013, thousands of people have been killed, many of them civilians including children.
 
The US has immunised itself from legal accountability over drone strikes and the UK has closed its domestic courts to foreign drone victims. In a recent decision, the Court of Appeal in London ruled that it would not opine on the legality of British agents' involvement in the US drone war in Pakistan, for fear of causing embarrassment to its closest ally.
 
Kat Craig, Reprieve’s legal director, said: “There can surely be no doubt that facilitating the deaths of thousands of civilians – as NATO allies are doing in a plethora of ways - constitutes war crimes. The International Criminal Court, established specifically to hold overwhelming state power to account, is in a unique position to offer some semblance of justice to individual drone victims with nowhere else to go. They must take this complaint seriously and investigate.”

Pandering to the Fraternal Order of Police: Senator Calls Winning Constitutional Case on the Death Penalty ‘Undermining Justice

By Dave Lindorff

Pennsylvania Senator Republican Pat Toomey last week went before the whole US Senate to oppose the nomination by President Obama of Debo Adegbile, former head of the litigation department of the NAACP Legal Defense Fund, to head the Justice Department’s Civil Rights Division. In his speech, Toomey tried to argue that Adegbile is unfit for the job because he supervised the Legal Defense Fund’s successful appeal in federal court of the death sentence of Philadelphia journalist Mumia Abu-Jamal -- an appeal that ended up vacating that sentence, and that was left standing by the US Supreme Court.

Toomey’s position -- that Adegbile had “undermined the justice system” by filing that appeal claiming that Abu-Jamal’s death sentence had been unconstitutional -- is ludicrous on its face. Given that the appeal was successful in federal court, and then upheld on appeal by a three-judge panel of the Third Circuit Court of Appeals, and given that the US Supreme Court, asked to reverse that ruling by Philadelphia’s District Attorney and the Pennsylvania Attorney General, refused to hear the case, thereby affirming it -- to say that Adegbile had “undermined justice” is the same as saying that a Federal District Judge, an Appellate Court panel, and the Supreme Court all “undermined justice.”

That’s a pretty heavy indictment, even for a self-styled “Tea Party” senator!

But Pennsylvania’s junior senator didn’t stop there.

Ignoring injustice: Philly Black Officials Silent On Police Brutality

By Linn Washington, Jr.


Philadelphia -- Back in 1978, a respected newspaper columnist in in this city blasted local black elected officials for their failure to criticize police brutality – the scourge that ravaged blacks for decades, often with the sanction of white elected officials like then Philadelphia Mayor Frank Rizzo, a former city police commissioner.

The case for harm reduction: Philip Seymour Hoffman and Drug War Sanity

By John Grant


It was to be expected. A famous person’s death by heroin overdose becomes a catalyst for today’s equivalent of the lynch mob. Leading the pack, Bill O’Reilly immediately and aggressively called for heads to roll. Soon, four people were arrested in Manhattan for allegedly selling the drugs to the Academy Award winning actor.