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Criminal Prosecution and Accountability


Obama’s and Kerry’s Big Lie: White House Document “Proving” Syria’s Guilt Doesn’t Pass Smell Test

By Dave Lindorff

 

The document released on the White House web site to “prove” to the American people that the Syrian government had used poison gas -- allegedly the neurotoxin Sarin -- to kill hundreds of civilians, is so flawed and lacking in real proof that if it were being used to make a case against a terrorist group it would be too weak to justify an indictment.


Manning get’s slammed; a mass-murderer got sprung Crimes and Punishment (or Not)

By Dave Lindorff


Right now I’m thinking about William Laws Calley. 


Obama DOJ Asks Court to Grant Immunity to George W. Bush For Iraq War

By Inder Comar

SAN FRANCISCO, Calif., (Aug. 20, 2013) — In court papers filed today (PDF), the United States Department of Justice requested that George W. Bush, Richard Cheney, Donald Rumsfeld, Colin Powell, Condoleezza Rice and Paul Wolfowitz be granted procedural immunity in a case alleging that they planned and waged the Iraq War in violation of international law.

Plaintiff Sundus Shaker Saleh, an Iraqi single mother and refugee now living in Jordan, filed a complaint in March 2013 in San Francisco federal court alleging that the planning and waging of the war constituted a “crime of aggression” against Iraq, a legal theory that was used by the Nuremberg Tribunal to convict Nazi war criminals after World War II.

"The DOJ claims that in planning and waging the Iraq War, ex-President Bush and key members of his Administration were acting within the legitimate scope of their employment and are thus immune from suit,” chief counsel Inder Comar of Comar Law said.

The “Westfall Act certification,” submitted pursuant to the Westfall Act of 1988, permits the Attorney General, at his or her discretion, to substitute the United States as the defendant and essentially grant absolute immunity to government employees for actions taken within the scope of their employment.

In her lawsuit, Saleh alleges that:

-- Richard Cheney, Donald Rumsfeld and Paul Wolfowitz began planning the Iraq War in 1998 through their involvement with the “Project for the New American Century,” a Washington DC non-profit that advocated for the military overthrow of Saddam Hussein.

-- Once they came to power, Saleh alleges that Cheney, Rumsfeld and Wolfowitz convinced other Bush officials to invade Iraq by using 9/11 as an excuse to mislead and scare the American public into supporting a war.

-- Finally, she claims that the United States failed to obtain United Nations approval prior to the invasion, rendering the invasion illegal and an act of impermissible aggression.

“The good news is that while we were disappointed with the certification, we were prepared for it,” Comar stated. “We do not see how a Westfall Act certification is appropriate given that Ms. Saleh alleges that the conduct at issue began prior to these defendants even entering into office. I think the Nuremberg prosecutors, particularly American Chief Prosecutor Robert Jackson, would be surprised to learn that planning a war of aggression at a private non-profit, misleading a fearful public, and foregoing proper legal authorization somehow constitute lawful employment duties for the American president and his or her cabinet.”

The case is Saleh v. Bush (N.D. Cal. Mar. 13, 2013, No. C 13 1124 JST).

See the attached certification, publicly filed on ECF / PACER system.

For further information contact:

COMAR LAW

901 Mission Street, Suite 105
San Francisco, California 94103

America’s assault on a free press moves into high gear: Detention of Greenwald Partner in London Clearly Came on US Orders

By Dave Lindorff


It is becoming perfectly clear that the outrageous detention of American journalist Glenn Greenwald’s Brazilian partner David Miranda by British police during a flight transfer at London’s Heathrow Airport was, behind the scenes, the work of US intelligence authorities.


700 dead and counting in Egypt: Despite Hand Wringing, Massacres Suit US Policy

By John Grant

 
Watching the White House squirm over the on-going massacres in Egypt one doesn’t know whether to laugh, cry or resort to the vaudevillian method and throw rotten vegetables at them.

President Obama's “condemnation” of the Egyptian military’s massacre of civilians sounded like obligatory ass-covering. Then there was the slippery boiler-plate verbiage spouted by the White House’s new spokesman with the wonderfully apropos name of Josh Earnest. I wouldn't josh you, that's his name. And trust me, he’s the personification of earnestness.

What Whistleblowers Reveal & Governments Seek to Conceal

by Dennis Loo          Yesterday, the judge in Bradley Manning’s show trial found Manning guilty on nearly every charge but the most draconian of “aiding the enemy,” which could have brought the death penalty.

I helped to end my dad’s life: Prosecution of People Who Assist the Dying Must End

By Dave Lindorff


Okay, I admit it. I helped my father last year to die quicker in a Connecticut rehab center, and I was also witness to an assisted suicide in New York.


It’s time that we put this stuff out in the open and stopped the brutal prosecutorial nonsense around this issue.

Confronting the latest attack on our privacy and freedom: Lavabit's Profile in Corporate Principles and Personal Courage

By Alfredo Lopez


The term "collateral damage" is most frequently applied to the "non-targeted" death and destruction brought by bombs and guns. But it seems that our government, the master of collateral damage, is now doing it in "non-violent" ways. Take the recent situation at Lavabit.

Bradley Manning and Edward Snowden: Whistleblowers as Modern Tricksters

By John Grant


Every generation occupies itself with interpreting Trickster anew.

                      -Paul Radin

 

Manning, Snowden and Swarz: America’s Police State Marches On, Media in Tow

By Dave Lindorff


The New York Times, in an editorial published the day after a military judge found Pvt. Bradley Manning “not guilty” of “aiding the enemy” -- a charge that would have locked him up for life without possibility of parole and could have carried the death penalty -- but also found him guilty on multiple counts of “espionage,” called the verdict “Mixed.” Not guilty of aiding the enemy, guilty of espionage.


There Should Be No Sighs of Relief: Manning Verdict a Very Pyrrhic Victory

By Alfredo Lopez


The Bradley Manning verdict may seem a victory of sorts for the defense -- it's certainly being treated that way in the mainstream media -- but the decision handed down Tuesday by Court Marshal Judge Colonel Denise Lind is actually a devastating blow not only to Manning, who was convicted of unjustifiably serious charges brought by an aggressive administration seeking to make an example of him, but also to Internet activity in general and information-sharing in particular.

Holder Promises Snowden Won’t be Tortured?

 In arguing that Russia should send Edward Snowden back to the U.S. to face charges for exposing, from inside the NSA, a vast surveillance network on whole populations, Attorney General Eric Holder was in the ironic position of alleging that:

Collateral Murder in Military Court: Bradley Manning’s Story

by Debra Sweet                   More than 60 of us filled the courtroom, and spilled into the overflow trailer, at Ft. Meade last Thursday (July 25).  The chief prosecutor for the government, a sneering Major Fein, in closing argument called Bradley Manning a “traitor” for the first time, and also a “hacker,” an “anarchist,” and a “humanist who does not care about humans.”

Holder promises Russia not to torture Snowden: A Shameful Day to Be a US Citizen

By Dave Lindorff


I have been deeply ashamed of my country a number of times. The Nixon Christmas bombing of Hanoi and Haiphong was one such time, when hospitals, schools and dikes were targeted. The invasion of Iraq was another. Washington’s silence over the fatal Israeli Commando raid on the Gaza Peace Flotilla--in which a 19-year-old unarmed American boy was murdered--was a third.  But I think I have never been as ashamed and disgusted as I was today reading that US Attorney General Eric Holder had sent a letter to the Russian minister of justice saying that the US would “not seek the death penalty” in its espionage case against National Security Agency whistleblower Edward Snowden, promising that even if the US later brought added charges against Snowden after obtaining him, they would not include any death penalty, and vowing that if Snowden were handed over by Russia to the US, he would “not be tortured.”


So it has come to this: That the United States has to promise (to Russia!) that it will not torture a prisoner in its control -- a US citizen at that -- and so therefore that person, Edward Snowden, has no basis for claiming that he should be “treated as a refugee or granted asylum.”


Why does Holder have to make these pathetic representations to his counterpart in Russia? 


Because Snowden has applied for asylum saying that he is at risk of turture or execution if returned to the US to face charges for leaking documents showing that the US government is massively violating the civil liberties and privacy of every American by monitoring every American’s electronic communications.


Snowden has made that claim in seeking asylum because he knows that another whistleblower, Pvt. Bradley Manning, was in fact tortured by the US for months, and held without trial in solitary confinement for over a year before being finally put on trial in a kangaroo court, where the judge is as much prosecutor as jurist, and where his guilt was declared in advance by the President of the United States -- the same president who has also already publicly declared Snowden guilty too...


For the rest of this article by DAVE LINDORFF inThisCantBeHappening!, the new independent three-time Project Censored Award-winning online alternative newspaper, please go to:www.thiscantbehappening.net/node/1888

Why Should We Have Any Confidence in a Justice Department Investigation Bringing Justice?

by Debra Sweet         Editor's Note from Dennis Loo.com: Obama's Justice Department is the same DOJ that has blocked torture victims from being able to sue for damages in court, declaring that allowing evidence of their torture by the U.S. and clients of the U.S. would reveal "national security" secrets (as if the world didn't all know that the U.S. is and has been torturing people), the same DOJ that is going after whistleblowers, not against those the whistleblowers have revealed to be committing crimes, the same DOJ that presides over the mass incarceration of millions (including the torture of many) here in the U.S.

#FreeBrad Hall Of Shame: Lamo, Obama, Choike, Lind, Showman, et al.

 “We are a nation of laws.  We don’t let individuals make decisions about how the law operates.  He [Bradley Manning] broke the law!” – President Obama, speaking on April 21, 2011 in San Francisco.

CIA Officer Convicted in Italy Has Been Arrested in Panama

(Reuters) - Former CIA Milan station chief Robert Seldon Lady, convicted in Italy of kidnapping an Egyptian Muslim cleric, has been arrested in Panama, Italian judicial sources told Reuters on Thursday.
Italy's highest court last year upheld a guilty verdict against Seldon Lady for the kidnapping of Hassan Mustafa Osama Nasr, who was snatched from a Milan street in 2003 and flown to Egypt for interrogation, where he says he was tortured for seven months.
The imam, also known as Abu Omar, was a resident in Italy at the time of the abduction.
Seldon Lady was given a nine-year prison sentence and another 22 Americans seven-year sentences in absentia for the abduction of the imam.
The Italian trial was the first of its kind against the "rendition" flights practiced by the administration of former U.S. President George W. Bush, which have been condemned by human rights groups.
(Reporting by Luca Trogni; writing by Catherine Hornby; editing by Andrew Roche)

Just for Sissies: US Flaunts the Rule of Law while Demanding that other Countries Honor It

By Dave Lindorff 


Ah, the rule of law. How often we hear our government leaders angrily demand that the rest of the world adhere to this sacred stricture, most recently as it demands that countries -- even countries with which the US has signed no extradition treaty like Russia or China -- honor the US charges leveled against National Security Agency whistleblower Edward Snowden and send him to the US for trial.


Aiding the Enemy: Who’s Really the ‘Enemy’ in the Bradley Manning Case?

By John Grant


We now have clarity from a full-bird colonel in judicial robes that Bradley Manning is to be charged with “aiding the enemy.” OK, not much of a surprise here. Colonel Denise Lind’s ruling seems pretty predictable.

Same Old ‘Same Old’: Acquittal of Zimmerman Reminds (Again) that Racism Persists

By Linn Washington Jr.


I received the text message from my buddy blasting the acquittal of George Zimmerman minutes before I boarded an airplane in London in route to South Africa.

To say I was not surprised by the acquittal handed down by the predominately white, all-female jury is an understatement. 

His 'Crime' is Patriotism, not Betrayal Like Hale's Philip Nolan, Snowden has Become a 'Man Without a Country'

By  Dave Lindorff

 

In Edward Everett Hale's short story "The Man Without a Country," US Army Lt. Philip Nolan, following a court-martial, is exiled from his country, his citizenship snatched away, leaving him doomed to sail the seven seas confined to a Navy vessel, unable to make any country his home. His crime: being seduced by a treacherous leader to betray the US of A, the country of his birth.

A Personal Essay On the Zimmerman Trial By a Grown-up Florida Boy: Of Criminals and Crackers

By John Grant


When people think of Florida, they think of oranges and pink flamingos, palm trees and beaches, the blue-green ocean. They think of Disney and margaritas. ... But it has a feral heart, a teeming center that would rage out of control if not for the concrete and rebar that keeps it caged.

  -Lisa Unger, from Black Out

George Zimmerman's Trial & the Tribulations of Black People

 

By Dennis Loo            On July 12, 2013’s “Real Time with Bill Maher,” panelist Matt Lewis, a senior contributor to The Daily Caller and columnist to The Week Magazine, responded to Bill Maher’s query about the George Zimmerman trial by describing it as confrontation between “a wannabe gangster” and a “wannabe cop.” Both Cornel West, another panelist last night, and Maher, objected immediately to this false characterization of Trayvon Martin.

In Obamaland, ‘Rule of Law’ is for the Other Suckers: US (and French) Courts Have Ruled Head-of-State Immunity is Absolute

By Dave Lindorff


It is clear that the entrapment and forced landing in Austria of the official airplane carrying Bolivian President Evo Morales was the work of the US, which was obviously behind the decision by France and Portugal to deny air rights to the flight, and which also was obviously behind the Austrian government’s demand to be allowed to search the jet after it landed. After all, those countries have no interest themselves in capturing US National Security Agency whistleblower Edward Snowden, who is only Obama’s and the NSA’s quarry. 


A Noir America: Killers and Roller-Coaster Rides

By John Grant


We're all aware of the reputed Chinese curse about living in interesting times. Upheaval seems to be in the air. According to Wikipedia, the interesting times curse was linked with a second, more worrisome curse: "May you come to the attention of those in authority."