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Criminal Prosecution and Accountability
Legal charity Reprieve has called on the Scottish Government to ensure that police investigating the use of Scottish airports by CIA ‘torture flights’ have access to a major US Senate report on the spy agency’s secret ‘rendition’ programme.
Last year, Scotland’s chief legal officer asked Police Scotland to investigate the use of Scottish airports by CIA aircraft involved in the agency’s programme of ‘renditions’ – in which suspects are kidnapped and flown to third countries in order to be tortured.
No justice at the US DOJ: AG Holder’s Big News about Prosecuting Chinese Spying and a Crooked Swiss Bank are a Joke
By Dave Lindorff
The Justice Department is really pumping out the pointless prosecutions these days.
By Dave Lindorff
Occupy activist Cecily McMillan, convicted on May 5 of second-degree felony assault of a New York cop whom she and witnesses claimed had grabbed her breast from behind, bruising it, stood her ground before her sentence was rendered, refusing the judge’s insistence that she should “take responsibility for her conduct.”
The deepening police state USA: More on Washington's coordinated Occupy Crackdown, and the Dark Side of the Boston Bombing (Par
By Dave Lindorff
Part II of Dave Lindorff's interview by Kathy Swift on Santa Barbara's RadioOccupy. Lindorff continues talking about his investigation into the FBI's and Homeland Security Department's hidden campaign to crush the Occupy Movement, based upon the thousands of documents obtained through a Freedom of Information Act campaign of discovery by the Partnership for Civil Justice. Lindorff also talks about his investigation into the men from Craft International, the Dallas-based mercenary firm who's personnel appear to have been hired (by someone -- likely the DHS) to be at the Boston Marathon a year ago.
The latest on ThisCantBeHappening! radio: Interview with Jailed Occupy Activist Cecily McMillan's Attorney Martin Stolar
By Dave Lindorff
In this edition of Progressive Radio Network's "ThisCantBeHappening" radio program, host Dave Lindorff, focuses on the case of Occupy Movement activist Cecily McMillan, currently jailed at Riker’s Island without bail while awaiting sentencing on a conviction of felony assault of a police officer.
New questions in FBI Boston bombing witness killing: Agent Who Killed Tsarnaev Pal During Grilling had Brutal, Corrupt History
By Dave Lindorff
Almost a year after an FBI agent shot and killed, under suspicious circumstances, a crucial witness in the Boston Marathon bombing case during a botched midnight interrogation in an Orlando apartment, serious questions are being raised about the FBI agent who fired seven short into Chechen immigrant Ibragim Todashev last May 22.
The international criminal court's decision to investigate allegations of war crimes places the UK in the company of countries such as the Central African Republic, Colombia and Afghanistan.
Allegations that British troops were responsible for a series of war crimes following the invasion of Iraq are to be examined by the international criminal court (ICC) at the Hague, officials have announced.
The court is to conduct a preliminary examination of around 60 alleged cases of unlawful killing and claims that more than 170 Iraqis were mistreated while in British military custody.
British defence officials are confident that the ICC will not move to the next stage and announce a formal investigation, largely because the UK has the capacity to investigate the allegations itself.
However, the announcement is a blow to the prestige of the armed forces, as the UK is the only western state that has faced a preliminary investigation at the ICC. The court's decision places the UK in the company of countries such as the Central African Republic, Colombia and Afghanistan.
In a statement, the ICC said: "The new information received by the office alleges the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008.
"The re-opened preliminary examination will analyse, in particular, alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq between 2003 and 2008.
Responding to the decision, the attorney general, Dominic Grieve, said the government rejected any allegation that there was systematic abuse carried out by the British armed forces in Iraq.
"British troops are some of the best in the world and we expect them to operate to the highest standards, in line with both domestic and international law," he said. "In my experience the vast majority of our armed forces meet those expectations."
Grieve added that although the allegations are already being "comprehensively investigated" in the UK "the UK government has been, and remains a strong supporter of the ICC and I will provide the office of the prosecutor with whatever is necessary to demonstrate that British justice is following its proper course".
The investigation also means that the British police team responsible for investigating the allegations, as well as the Service Prosecuting Authority (SPA), which is responsible for bringing courts martial cases, and Grieve, who must make the final decision on war crimes prosecutions in the UK, can all expect to face a degree of scrutiny from The Hague.
Coming just days before a European election in which the UK Independence party (Ukip) is widely expected to perform well – in part because of its scepticism about European institutions such as the ICC – the court's decision is also likely to trigger considerable political turmoil.
The decision by the ICC chief prosecutor, Fatou Bensouda, was made after a complaint was lodged in January by Berlin-based human rights NGO the European Centre for Constitutional and Human Rights, and Birmingham law firm Public Interest Lawyers (PIL), which represented the family of Baha Mousa, the Iraqi hotel receptionist tortured to death by British troops in 2003, and which has since represented scores of other men and women who were detained and allegedly mistreated.
The process of a preliminary examination can take several years.
The newly-appointed head of the SPA, Andrew Cayley QC – who has 20 years experience of prosecuting at war crimes tribunals in Cambodia and at The Hague – said he was confident that the ICC would eventually conclude that the UK should continue to investigate the allegations.
Cayley said the SPA "will not flinch" from bringing prosecutions, if the evidence justifies it. He added that he did not anticipate any civilians – officials or ministers – facing prosecution.
Any war crime committed by British servicemen or servicewomen is an offence under English law by virtue of the International Criminal Court Act 2001.
The ICC has already seen evidence suggesting that British troops did commit war crimes in Iraq, concluding after receiving a previous complaint in 2006: "There was a reasonable basis to believe that crimes within the jurisdiction of the court had been committed, namely wilful killing and inhuman treatment." At that point, the court concluded that it should take no action, as there were fewer than 20 allegations.
Many more cases have emerged in recent years. Currently, the Iraq Historic Allegations Team (IHAT), the body set up by the Ministry of Defence to investigate complaints arising from the five-year British military occupation of the south-east of the country, is examining 52 complaints of unlawful killing involving 63 deaths and 93 allegations of mistreatment involving 179 people. The alleged unlawful killings include a number of deaths in custody and the complaints of mistreatment range from relatively minor abuse to torture.
PIL withdrew allegations of unlawful killings arising out of one incident, a firefight in May 2004 known as the battle of Danny Boy, although an inquiry continues to examine allegations that a number of insurgents taken prisoner at that time were mistreated.
The ICC will examine separate allegations, mostly from former detainees held in Iraq.
Following the death of Baha Mousa, one soldier, corporal Donald Payne, admitted being guilty of inhumane treatment of detainees and was jailed for one year. He became the first and only British soldier to admit a war crime.
Six other soldiers were acquitted. The judge found that Mousa and several other men had been subjected to a series of assaults over 36 hours, but a number of charges had been dropped because of "a more or less obvious closing of ranks".
The MoD admitted to the Guardian four years ago that at least seven further Iraqi civilians had died in UK military custody. Since then, nobody has been charged or prosecuted.
Source: The Guardian
Someone just emailed me to say that Dick Cheney is coming to his town and that he knows Cheney can't be scared away like Condi, but isn't there anything that can be done? WTF? We scared Cheney away from Charlottesville VA -- This is not difficult. Follow the steps below:
By Dave Lindorff
Two and a half years after the Occupy Wall Street movement took the country by storm, injecting topics like income inequality and class war into the realm of permissible national political discourse for the first time since the 1930s, the nation’s legal machinery of repression has come down like a proverbial ton of bricks on the movement just as nationally coordinated police repression crushed its physical manifestation in late 2011.
By Michael Uhl
They haven't killed him yet.
Paulo Malhaes, the confessed Brazilian torturer whose death I recently reported on this site may not have been murdered after all. At least that’s what police investigating the case have been loudly proclaiming for the past week.
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.
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.
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,
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:
- If you are in the DC area, come help us fill the Court of Appeals, 333 Constitution Ave, NW at 8:30 am.
- 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.
The Teenagers suing the US Government to protect the atmosphere for our generation's future
"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
"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
"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."
"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."
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.
published on Global Research 21 Apr 2014
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.
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
By Dave Lindorff
By Michael Uhl
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?
By Dave Lindorff
Let us pause to honor Charles Fury.
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.
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."
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.
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)