Guantanamo Process as a Public Danger

The prevailing belief that the procedures at Guantanamo Bay (GTMO) protect us because they make it easy to keep “enemy combatants” locked away is misguided. When legal process is not rigorous and convictions are easy to win, the danger is not only to the accused. Public safety is compromised: under the existing rules, cursory investigations are sufficient for convictions. This is far too likely to lead to false convictions that will lull us into the sense that we’re reducing the threat of terrorism when we’re not.

It’s beyond argument that the rules the tribunals at GTMO use are weak and that, as an epistemological matter, we can’t trust their determinations. The “Combatant Status Review Tribunals (CSRT),” which decide whether a prisoner is an “enemy combatant,” use a low standard of proof — a preponderance of the evidence, with a “rebuttable presumption” in favor of the government’s evidence. The government can use notoriously unreliable evidence: hearsay, evidence coerced out of prisoners, and “classified” evidence kept secret from the prisoner. Access to lawyers is forbidden, and only one of the military “judges” is required to have a law degree.

The “military commissions” that President Bush announced two months after 9/11 to try enemy combatants suspected of particular crimes are equally unreliable. Although there is a presumption of innocence and the burden of proof is beyond a reasonable doubt and the prisoner can have a lawyer (with restrictions), only one of the “judges” has to be a lawyer, and convictions can be based on hearsay, coerced testimony, and secret evidence.

One purpose of having rigorous rules of evidence, high burdens of proof, and trained counsel to help an accused mount a defense is to improve public safety. Rigorous rules put the government to its proofs when it carries out its crime-fighting and national security duties. Rigorous rules protect us all by helping ensure that the government is truly ferreting out crime and not just putting on a show.

But when winning is easy, there’s no incentive to conduct rigorous investigations. Why sift through evidence or pound the pavement to chase down leads, when it’s so much easier to pound a prisoner instead? Why track down an important witness when you can just use what another prisoner says he heard that witness say, as hearsay?

Forcing the government to meet a high burden of proof with reliable evidence would promote vigorous anti-terrorism action. We would have to roll up our sleeves and thoroughly investigate suspects. We would have to work with foreign intelligence and police. We would have to hunt down and investigate suspects’ family, friends and acquaintances, which could lead to extensive knowledge about terrorists and their shadowy networks.

The rules at GTMO let us shirk these duties.

Weak rules also make it hard to hold the government accountable. We can’t measure our progress in this war, because, logically, we can’t tell if the CSRT determinations of enemy combatant status are accurate. About 246 of the more than 751 prisoners have been released. How do we know – given that there was no requirement to investigate thoroughly – these men pose no danger? Dangerous prisoners may have been released as a reward for providing evidence (accurate or not) against other prisoners.

Take the example of Yasir Hamdi, a US-Saudi citizen jailed at GTMO who challenged his imprisonment all the way up to the US Supreme Court last year. After the Court held that Hamdi must be given legal process to challenge his imprisonment as an “enemy combatant,” the government released him, deporting him to Saudi Arabia and forcing him to renounce his US citizenship. Did it turn out, after all, that he wasn’t dangerous – a conclusion that contradicts every government pronouncement about him up to then? Did the government want to avoid the Court-ordered evidentiary hearing, which might have revealed that our politicians were lying about Hamdi’s guilt? Or did the government release this man for some other reason, such as a backroom deal with the House of Saud?

For all we know, actual terrorists are delivering innocent people to US authorities and convincing them that these people are “enemy combatants.” Under the existing GTMO rules, a real terrorist could easily provide enough information to make such a claim look plausible, if not dead-accurate. The evidence that would lead to a conviction could be kept secret from the suspect.

Some people believe that the processes at GTMO keep us safe because they seem to err on the side of caution, by “casting a wide net.” Each radical Muslim swept off the international street is one less possible terrorist, right? Wrong. This “wide net” feeds the fires that motivate terrorism. A narrower, more accurate net would be less likely to feed these fires. For example, if my brother were a terrorist and was captured and convicted, I would mourn his fate, but I probably would not feel it was unjust. But if my brother were not a terrorist and the US captured him, subjected him to a sham trial and locked him away incommunicado at GTMO, and I knew that he was actually innocent, I might declare my own war against the US. The anger associated with rounding up the wrong people does not stop with their families. I recall how, when I was a teenager (prime terrorist recruiting age), Iranian militants stormed the US embassy in Teheran and took Americans hostage. I had no relatives among the hostages, but I wanted to invade Iran myself. I agreed with the widespread sentiment, “Bomb Iran.”

“Wide nets” and easy convictions don’t make us safer. They actually increase our risk. The CSRTs should require more rigorous process. The military commissions should use the Uniform Code of Military Justice (which applies to POWs). Better, we should try suspected terrorists in federal district courts, which provide more process.

There’s no rule of law that requires the US to deny rights at GTMO: it is a policy decision. It was a bad decision. The loose procedures do not protect national security, but political interests and ambitions.

Such procedures are a feel-good measure that we can’t afford.

Brian J. Foley is an assistant professor of law at Florida Coastal School of Law.

Posted in Veterans for Common Sense News | Tagged , , | Comments Off on Guantanamo Process as a Public Danger

When Torture becomes Policy

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government.” Declaration of Independence, July 4, 1776

President Bush has made it clear that he will veto the $435 billion Pentagon appropriations bill because it restricts his ability to abuse prisoners in the war on terror. The bill, which forbids the “cruel, inhuman, or degrading treatment” of prisoners in US custody, was passed by an overwhelming 90 to 9 majority in the Senate. It was first flagrant rejection of administration policy in nearly 5 years.

Bush’s veto puts the administration on the extreme end of the policy spectrum and links the president to the widely reported incidents of human rights abuses and torture at Guantanamo, Abu Ghraib and the other American prison facilities. It is now impossible to deny that Bush not only supports a policy of calculated mistreatment of prisoners, but was also directly involved in establishing the current regime. This implicates Bush in violations of treaty requirements under the Geneva Conventions and the 1996 Torture Treaty, as well as the 8th amendment’s provision against “cruel and inhuman” punishment.

Bush’s veto is a clear sign that the administration is a willing participant in war crimes and intends to defend that barbarous behavior before the American people and the world. There’s no longer any reason to dispute the reports from Human Rights Watch, the Red Cross, the ACLU, or the many eyewitness accounts from US servicemen or former inmates. The president’s veto clearly establishes that Bush tacitly supports “cruel, inhuman, or degrading treatment” as official policy.

This is a positive development for those who believe that Bush will have to be physically removed from office via impeachment, military coup or revolution. It shows how disconnected the current White House is from the nearly 90{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of Americans who do not believe that torture can be justified “for any reason”. It also dispels the foolish notion that Bush communicates with God or is acting on his behalf.

The American people now have a stark choice between good and evil; between those who advocate the “systemic, blatant and sadistic” (Taguba Report) treatment of prisoners or those who don’t. Anyone who continues to support the current administration or who fails to support the efforts to have them removed from office and held accountable for their crimes, is equally complicit in their immoral, unethical and criminal conduct.

This week, former UN chief weapons inspector, Scott Ritter compared George Bush and Tony Blair to Nazi war criminals saying that, “Both of these men could be pulled up as war criminals for engaging in actions that we condemned Germany in 1946 for doing.” Bush’s veto removes any doubt about the veracity of Ritter’s comments.

Currently, there are over 25,000 prisoners in American facilities in Iraq who have been exposed to some level of physical brutality. None of these men have been charged with a crime, nor will they be. The Pentagon, acting as the surrogate for the imperial presidency, simply conducts its arrests and interrogations according to its own vicious standards. There are no rules and no constraints; just the vile application of physical coercion.

In Guantanamo, more than 200 inmates are in the 2nd month of a hunger strike. 22 of the prisoners have been hospitalized and are being force-fed by their jailors. The demands of the prisoners are both simple and reasonable; they want to have a fair hearing before an impartial judge so they can know why they are being held. It is most basic of all human rights and one that is guaranteed under international law.

Once again, the administration and the collaborative media have conspired to conceal the horror of what is taking place in Guantanamo behind a wall of government secrecy. If the president is as forthright as he pretends to be, than there should be no problem opening up Guantanamo to independent media so we can see the affects of the policies he so ardently defends.

Whether prisoners are being beaten, humiliated, starved to death or simply held without charges the facts remain the same. The policy originated at the highest levels of government and will only be strengthened by Bush’s veto. The administration is claiming the absolute authority to operate beyond the law and with complete impunity.

Torture is the widow that allows us to see beyond the public relations smokescreen into the fetid cesspool of administration thinking. The Bush regime is divorced from any sense of decency or moral compunction. Nothing they say can be trusted. They have generated an ethos of cruelty and vindictiveness that now pervades the myriad offices of government and the defense establishment. The very principles upon which American life depends, and which are laid out in the founding documents, are threatened by their conduct.

Bush’s veto tells us that the administration will not operate within the law or comply with the will of the American people. It shows us that the government now functions beyond its popular mandate and without a shred of moral legitimacy. Bush and his lieutenants are unworthy of high-office and must be removed before it is too late.

Mike lives in Washington State with his charming wife Joan and two spoiled and overfed dogs, Cocoa and Pat-Fergie.

Posted in Veterans for Common Sense News | Tagged , | Comments Off on When Torture becomes Policy

Americans Favor Impeachment of Bush If He Lied about Iraq War

Poll: Americans Favor Bush’s Impeachment If He Lied about Iraq

By a margin of 50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} to 44{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}, Americans want Congress to consider impeaching President Bush if he lied about the war in Iraq, according to a new poll commissioned by AfterDowningStreet.org, a grassroots coalition that supports a Congressional investigation of President Bush’s decision to invade Iraq in 2003.

The poll was conducted by Ipsos Public Affairs, the highly-regarded non-partisan polling company. The poll interviewed 1,001 U.S. adults on October 6-9.

The poll found that 50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} agreed with the statement:

“If President Bush did not tell the truth about his reasons for going to war with Iraq, Congress should consider holding him accountable by impeaching him.”

44{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} disagreed, and 6{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} said they didn’t know or declined to answer. The poll has a +/- 3.1{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} margin of error.

Among those who felt strongly either way, 39{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} strongly agreed, while 30{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} strongly disagreed.

“The results of this poll are truly astonishing,” said AfterDowningStreet.org co-founder Bob Fertik. “Bush’s record-low approval ratings tell just half of the story, which is how much Americans oppose Bush’s policies on Iraq and other issues. But this poll tells the other half of the story – that a solid plurality of Americans want Congress to consider removing Bush from the White House.”

Impeachment Supported by Majorities of Many Groups

Responses varied by political party affiliation: 72{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of Democrats favored impeachment, compared to 56{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of Independents and 20{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of Republicans.

Responses also varied by age and income. Solid majorities of those under age 55 (54{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}), as well as those with household incomes below $50,000 (57{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}), support impeachment.

Majorities favored impeachment in the Northeast (53{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}), West (51{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}), and even the South (50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}).

Posted in Veterans for Common Sense News | Comments Off on Americans Favor Impeachment of Bush If He Lied about Iraq War

GOP Stands Up For U.S. Right to Torture

GOP Stands Up for U.S. Right to Torture

Austin, Texas — On one of those television gong shows that passes for journalism, the panelists used to have to pick an Outrage of the Week. Then, each performer would wax indignant about his or choice for 60 seconds or so. If someone asked me to name the Outrage of the Week about now, I’d have a coronary. How could anyone possibly choose?

I suppose the frontrunner is the anti-torture amendment. Sen. John McCain proposed an amendment to the military appropriations bill that would prohibit “cruel, inhuman or degrading” treatment of prisoners in the custody of the U.S. military.

This may strike you as a “goes without saying” proposition — the amendment passed the Senate 90 to nine. The United States has been signing anti-torture treaties under Democrats and Republicans for at least 50 years. But the Bush administration actually managed to find some weasel words to create a loophole in this longstanding commitment to civilized behavior.

According to the Bushies, if the United States is holding a prisoner on foreign soil, our soldiers can still subject him or her to cruel, inhuman and degrading treatment — the very forms of torture used by the soldiers who were later prosecuted for their conduct at Abu Ghraib. Does this make any sense, moral or common?

So deeply does President Bush feel our country, despite all its treaty commitments, has a right to torture that he has threatened to veto the bill if it passes. This would the first time in five years he has ever vetoed anything. Think about it: Five years of stupefying pork, ideological nonsense, dumb administrative ideas, fiscal idiocy, misbegotten energy programs — and the first thing the man vetoes is a bill to pay our soldiers because it carries an amendment saying, once again, that this country does not torture prisoners.

This is the United States of America. It is our country, not George W. Bush’s personal property. The United States of America still stands for the rights of man, for freedom, dignity and justice. We do not torture helpless prisoners. Our soldiers are not the SS, not the North Vietnamese who tortured McCain and others for years on end, not bestial Argentinean fascists, not the Khmer Rouge.

Remember, we invaded Iraq because Saddam Hussein was such a horrible brute that he tortured people. This is beyond disgusting. The House Republicans, which have no shame, will try to weaken McCain’s amendment. They need to hear from decent Republicans all over this country. Don’t leave this hideous stain on your party’s name. This is NOT what America stands for. We’ve had more loathsome and more dangerous enemies than Al-Qaida and managed to defeat them without resorting to torture.

And leading the charge in the House will be Tom DeLay, that pillar of moral rectitude and Christian mercy. Wait a minute: Didn’t DeLay have to step down from his leadership position after he got indicted? Well, yes, but some step-downs are more down than others. There was The Hammer in full glory last Friday, twisting arms and working the floor on behalf of a real cutie of a bill to benefit the oil companies.

Even Republicans revolted. As Rep. Sherwood Boehlert said, “We are enriching people, but we are not doing anything to give the little guy a break.” This bill was so awful the leadership had to hold the vote open for 40 minutes, a clear violation of House rules — there’s a five-minute limit on votes of this kind — while the Republican leaders roamed the floor, cajoling, bullying and threatening.

I have become inured to Bush’s idea of foreign policy, which is to tell the rest of the world, “Kiss my behind.” But the policy does result in some lovely ironies. On Friday, Mohamed ElBaradei, the highly respected head of the United Nation’s International Atomic Energy Agency, won the Nobel Peace Prize. Quite apart from whether you support George Bush or not, ElBaradei and the IAEA deserve the honor — they have been both diligent and effective.

ElBaradei was right when he repeatedly warned the Bush administration Iraq did not have any weapons of mass destruction and has said the day the United States invaded “was the saddest in my life.”

But you know our boy George: not for him the gracious, “Gee, you were right, and we wrong after all.” Nope, after ElBaradei was proved right, Bush tried to have him fired. And the man in charge of carrying out the campaign to have the guy fired for being right? John Bolton, now our ambassador to the United Nations.

Liar of the week: George W. Bush said on his Saturday radio address a week and a half ago that Iraq has 100 battalions of battle-ready soldiers. By the time he got to his television address on Thursday, it was 80 battalions. (I guess it’s worse to lie if they’re taking pictures of you.) Unfortunately, the next day Gen. George Casey, who oversees U.S. forces in Iraq, said of those 80, the number of Iraqi battalions fit to fight independently of U.S. support had slipped from three to one. One, three, 80, 100 — if this is Tuesday, it must be …

Posted in Veterans for Common Sense News | Tagged | Comments Off on GOP Stands Up For U.S. Right to Torture

Diary of a Vietcong doctor: The Anne Frank of Vietnam

“I had to do an appendix operation without enough medicine. Only a few tubes of Novocain, but the wounded young soldier never cried out or yelled. He continued to smile to encourage me. Looking at the forced smile on his dry lips, knowing his fatigue, I felt so sorry for him … I lightly stroked his hair. I would like to say to him, ‘Patients like you who I cannot cure cause me the most sorrow, and their memory will not fade’.”

So begins the diary of Dang Thuy Tram, a North Vietnamese army doctor who fought Americans in the Vietnam war and died defending her hospital from US attack. Since the diary’s re-emergence this year after 35 years in the hands of a US veteran, it has become a phenomenon, selling more than 300,000 copies, generating numerous translations and a television show and causing a wave of patriotic nostalgia among young Vietnamese.

Those who have read it say it is the most compelling, honest account yet of a conflict that killed, by some estimates, between two and three million Vietnamese and other Asians, as well as 58,000 Americans. “She was my enemy but her words would break your heart,” says Fred Whitehurst, the former soldier who saved the diary from the incinerator. “She is a Vietnamese Anne Frank. I know this diary will go everywhere on planet earth.”

Dr Dang, from a prosperous family of doctors, volunteered for duty in a military hospital in the killing fields of Quang Ngai Province in central Vietnam in 1967. The diary begins there in April, the year after, when the Tet offensive had proved a turning point that convinced many the war against the Communists was unwinnable but which led President Richard Nixon to initiate one of the largest aerial bombardments in history.

As the bombing edged closer to her hospital, the diary records the mounting horrors Dr Dang witnesses in terms by turns worldly, compassionate and enraged. Worn out by the struggle to treat badly wounded comrades with aspirin and bandages, she writes in June 1970: “The dog Nixon is foolish and crazy as he widens the war … How hateful it is! We are all humans, but some are so cruel as to want the blood of others to water their gold tree.” In another entry, she writes how “death was so close” as the bombing “stripped the trees bare” and “tore houses to pieces”.

Shortly before she died, aged 27, the bombs killed five of her patients. Dr Dang helped move the remaining patients and staff to safety and fought an American ground unit which was attacking the now-deserted hospital. “She was shot in the forehead,” Whitehurst says. “She was told to surrender but laid down a field of fire. She was killed protecting her patients and nurses, fending off the heavily armed US Army with an old Chinese SKS single-shot rifle.”

As a 22-year-old intelligence officer, Whitehurst reviewed recovered enemy documents. He was about to burn Dang’s diary – “about the size of a pack of cigarettes” – when he was stopped by his translator, who said: “Don’t burn this one, Fred, it already has fire in it.” Whitehurst says: “I was so moved he respected his enemy that much I kept it.” Later, he had it and the other Dang diaries translated. “It was obvious to me that this was a very beautiful person. I thought, ‘I’ve got to get this back to her family’.” So began a strange and remarkable journey that ended this year when Whitehurst was welcomed by the family of his old enemy “like a son” and fêted as a national celebrity in Vietnam.

A less likely candidate for a project of reconciliation would be hard to find. Whitehurst was, by his own admission, the gung-ho son of a military family who volunteered to fight the Vietnamese communists. “I’m a loyal American and I was raised in a very strict military family. I believed in the domino theory [which held that if one country came under the influence of Communism, others would follow like dominos, unless stopped]. Well, it didn’t happen.”

Whitehurst says his respect for authority began to disintegrate in Vietnam and was destroyed during his subsequent career as an FBI chemist, which ended when he exposed corruption and malpractice in, among other investigations, the 1993 World Trade Centre bombing; the über-patriot had become one of America’s most celebrated whistleblowers. “The FBI HQ is like something out of an old movie about the Soviet Union,” he wrote afterwards. “Everybody is terrified to breathe.”

His bitter fight with the FBI cleared a path for publication of the diaries. “My desire all these years was to get the words back to her family, her country. Beyond this blasted thing called government, there is humanity and damn it if there isn’t we’re all going to hell. Maybe I could publish a book and use any funds for some good? But the FBI wouldn’t allow its agents to collaborate with Communists. In the end, I didn’t give a damn about the FBI.”

Now a lawyer, Whitehurst showed the diaries to his brother Robert, also a Vietnam veteran who had married a Vietnamese. Robert became “obsessed” with the diaries and returning to Vietnam, but like many vets, Fred was terrified of going back. “I had a lot of issues when I came home,” he says. “I saw and did a lot of crap. The memories left me crying and upset, and for five years I screamed in my sleep all the time.”

The brothers took the diaries to a conference on the Vietnam war in Texas Tech University in March this year, where they met Ted Englemann, another vet looking for what he calls “closure” to the war and who was travelling to Hanoi the following month. He made digital copies of the diaries and with the aid of local Quakers, found Dr Dang’s family, including her 81-year-old mother. By the time the Whitehurst brothers visited the family this summer the diaries had been published and Fred and Dr Dang were famous.

Initially fearful of what was waiting for them, Fred Whitehurst was astonished at the welcome they received. “We did to Hanoi what the Germans did to London in the Second World War. We were the invaders, for whatever reason. But the nation embraced us. The prime minister met us and thanked us, and as for the family: their father went into shock after his daughter’s death from which he never recovered and that burdened that family enormously. They loved their daughter so much and still adopted me; the love of that. I was treated better there than I was by my own country.”

The diary has caused a sensation, with everyone who has read it, from the legendary General Vo Nguyen Giap, who led the resistance to the French colonialists, when Vietnam was Indo-China, from the 1940s through to the French defeat and withdrawal after the 1954 defeat at Dien Bien Phu, then against the Americans until the fall of Saigon in 1975, to the present Prime Minister, Phan van Khai. Whitehurst was interviewed on state television and said the diary “belongs to the world”. Asked to explain why he would fall in love with an enemy soldier, he replied: “I said the tears on your face are the same as the tears on mine. We all cry together.”

Although this is not the first Vietnam war diary published, many Vietnamese say Dr Dang’s account has struck a chord with young people because it comes raw with human emotions and unvarnished by government propaganda. Much of the official Vietnamese history of the anti-US conflict celebrates the heroic sacrifices of loyal Communist cadres, immune to the fear, hate and longing for love that all soldiers feel.

Dr Dang switches from the language of a lovelorn teenager who desperately misses the mysterious “M” to earnest revolutionary, recalling the words of “Uncle Ho” [the Vietnam Communist leader Ho Chi Minh] and Lenin: The revolutionary is a person with a heart very rich and filled with love. “I am that way already.” Nguyen Duc Tinh, a radio announcer from Hanoi, says: “She writes the truth about her feelings, and despite everything she loved people. It comes straight from her heart. I think a lot of young Vietnamese are impressed at the way she was ready to sacrifice her life. I hope people around the world will read it to understand the truth about the Vietnam war.”

The last entry in the diary, written days before Dr Dang died, is unbearably poignant. “I am grown up and already strong in the face of hardships, but at this minute why do I want so much a mother’s hand to care for me, or really the hand of a close friend, or just that of a person I know who is all right? Please come to me and hold my hand when I am so lonely, love me and give me strength to travel all the hard sections of the road ahead.”

The youngest Dang sibling, Kim Tram, is fielding requests to publish the diary in English, Japanese, Korean, Chinese and French. Next month, she will travel to the US with her mother to pick up Dr Dang’s diaries from Texas Tech University. Just 14 when her sister died, she says she remembers her as “gentle and fragile”. She added: “I never imagined how hard and dangerous her life was. I was not surprised to know her longing for our parents, for our home in Hanoi. But now I’ve read her words I can sense her loneliness.” Kim Tram says she is grateful to have met Fred Whitehurst. “I consider him a kind-hearted and honest man with a mind of great depth. I really respect him. And like him.”

And the man who held on to the diaries all those years wonders how much the world has changed. “An Iraqi mother will one day be in the same position as Mother Dang. Why are we in Iraq? I don’t know. When you commit men to war, it has to be based on truth; to enrich yourself off other men’s blood is wrong. I’m a Republican, dyed in the wool, but our President didn’t have the courage to go to Vietnam. He let his Daddy get him out. You can’t know the vulgarity of war until you’ve been there, until you’ve been splattered with your friend’s blood.”

Posted in Veterans for Common Sense News | Comments Off on Diary of a Vietcong doctor: The Anne Frank of Vietnam

The War to End All Wars That Started Them All

I just read an excellent book on World War I, and it made me incredibly sad. World War I was the beginning of all the horrors of the 20th century and of problems we still have to deal with in the 21st century. It all started there.

What’s so sad is that we really learned nothing – not from World War I, not from World War II, not from Korea or Vietnam or the Cold War. It’s almost as if world leaders in every country manage to get through school without learning anything about the past.

The Experience of World War I, by J.M. Winter (Oxford University Press), lists some of the errors that helped to bring on or make worse the horrors that killed 10 million people, mostly young men in the armies and air forces.

One error was demonizing the enemy. What that does is preclude negotiations. You can’t negotiate with Satan, so if you brand your opponent an unmitigated evil demon, then you guarantee conflict. As you can see from the way both Bushes demonized Saddam Hussein (after the U.S. assisted him in the 1980s), this error continues to be repeated.

Another thing that grew out of that war was crushing dissent by questioning the dissenters’ patriotism. That, too, still goes on.

Of course, there’s also lying. It is an old cliché now that truth is the first casualty in war. Truth is killed not only by outright lies but also by excessive secrecy and propaganda. I wouldn’t believe the Bush administration if it issued a press release that the sun rises in the east.

There’s the prostitution of the press and the clergy. Every war, in the beginning, is cheered on by the press and from the pulpit. It’s only later, if things go badly, that the press might begin to carp a little, forgetting entirely its earlier boosterism on the behalf of war.

Then there’s the punitive peace. The Versailles Treaty, which ended World War I, produced World War II and was the mother of the Third Reich. It was punitive and humiliating to Germany, which had not felt defeated and thought it would sign an armistice, not a surrender document. It gave Adolf Hitler every grievance he needed to rise to power. After the first Gulf War, we imposed the same kind of humiliating peace on Iraq. I said at the time that Bush I had, in effect, guaranteed Saddam’s survival because Iraqis would so resent the conditions imposed on them that none would dare to be thought of as an ally of the U.S.

Of course, World War I also gave us the Bolshevik Revolution in Russia, and millions around the world would die as a result of that. It created the mess in the Middle East when Great Britain decided that Jewish colonization of Palestine would be a workable idea.

World War I shattered the existing world order. Empires collapsed or entered their death throes. Faith in religion was shattered. Aristocracies became meaningless. The world economy soon collapsed. Communism and fascism rose from the war’s ashes and for a while contended with the West for supremacy. Politics was militarized. It gave us the tank, the first bombings of civilian cities, chemical weapons, the machine gun, aerial warfare and mass murder on a genocidal scale – all of those things that continue to consume blood and treasure like a vast, dark hole.

It’s been only 86 years since the Treaty of Versailles was signed. The world is still broken and in ferment. The neocons’ celebration of a new Pax Americana was grossly premature. The new world order so many have sought has yet to take firm shape. The future remains uncertain.

It seems we are still, as Matthew Arnold put it, “on a darkling plain/swept with confused alarms of struggle and flight/where ignorant armies clash by night.”

Posted in Veterans for Common Sense News | Comments Off on The War to End All Wars That Started Them All

Dangers in Damascus

For a Syrian, Samir Nashar is close to being a dream democrat. He’s liberal, secular, rich—and brazenly outspoken. Syrian President Bashar al-Assad has “lost his credibility,” Nashar boldly told a NEWSWEEK reporter who visited him recently at his home in Aleppo. Three months ago, Nashar and six friends decided to form a political group called the Alliance of Free Nationalists. Yet even Nashar says that his tiny democracy movement can barely muster support. The group is “still waiting for a legitimate party law,” he says, and most Syrians are too scared of the secret police to push for it.

But if Syrian democrats like Nashar were empowered, more radical elements might be too, and that could be a nightmare for Washington. “You might get what you wish for. But not quite what you wish for,” said one diplomat in Damascus who requested anonymity because of diplomatic sensitivities. The prospect of regime change in Syria worries even Israel, Syria’s longtime enemy. If al-Assad’s rigidly secular regime were toppled, the nation’s mosaic of competing sects and ethnicities could explode into conflict. Islamist radicals—including a group called Soldiers of the Levant—are already gaining influence in Syria, where they were once ruthlessly crushed. This comes as Qaeda-linked groups are trying to spread the jihadist contagion regionally, according to an alleged letter from Qaeda No. 2 Ayman al-Zawahiri last week.

Critics say that the Bush administration isn’t encouraging Syria’s democrats just now—but neither is it willing to work with Syria’s dictator. And in the absence of any cooperation between governments, jihadists are moving across Syria’s 310-mile border with Iraq to join the insurgency. Imad Moustapha, the Syrian ambassador to Washington, told NEWSWEEK that Damascus ended all security and intelligence cooperation with America several months ago, and it has not resumed.

Why? The ambassador says that while Damascus is still detaining jihadists on its own, it got “fed up” with the Bush administration’s public al-Assad bashing, even after Washington had privately lauded Syria for handing over Saddam’s half brother, Sabawi Ibrahim al-Hasan, earlier in the year. Moustapha also confirmed an account from a U.S. intel official who said Damascus was angered when Washington exposed one of its operatives. “We are willing to re-engage the moment you want—but on one condition,” Moustapha says. “You have to acknowledge that we are helping.”

That’s not likely to happen. While U.S. officials stop short of accusing al-Assad of actively aiding the insurgency, they say he has permitted jihadist transit and training camps to exist in the open. After the U.S. ambassador to Iraq, Zalmay Khalilzad, warned last month that “time is running out on Damascus,” U.S. officials even debated launching military strikes inside the Syrian border against the insurgency. But at an Oct. 1 “principals” meeting, Secretary of State Condoleezza Rice successfully opposed such a move, according to two U.S. government sources who are not authorized to speak on the record. Rice argued that diplomatic isolation is working against al-Assad, especially on the eve of a U.N. report that may blame Syria for the murder of Lebanese politician Rafik Hariri.

The goal seems to be to “get [the regime] by the throat, and then really squeeze,” says Josh Landis, a Fulbright scholar in Damascus who runs an influential blog called syriacomment.com. Maybe it’s working: diplomats in Damascus say they’ve seen signs in recent months that al-Assad is trying to police Syria’s southern border better.

But Moustapha says Syria could do much more if intelligence was shared as it once was. Some U.S. intel officials agree. They say that valuable cooperation is being sacrificed at a critical moment when Iraqis are to vote on a new government and insurgents seek to undermine that effort. “We won’t take yes for an answer from Damascus,” says one intel official who declined to be identified because his work is classified. In the last few years before contacts were cut off, he says, Syrian intelligence helped avert two major attacks on U.S. targets, including a Navy base in Bahrain. U.S. pressure, he adds, may be “radicalizing the country.” That is one risk, perhaps, of engaging with no one in Syria—neither dictators nor democrats.

Posted in Veterans for Common Sense News | Comments Off on Dangers in Damascus

Torture Advocate Withdraws Nomination for #2 Spot at Justice Department

Flanigan Withdraws as Nominee for Deputy Attorney General

By Dan Eggen and R. Jeffrey Smith
Washington Post Staff Writers
Saturday, October 8, 2005; A03

The Bush administration’s choice for deputy attorney general has withdrawn his nomination amid mounting questions from Senate Democrats over his dealings with indicted Republican lobbyist Jack Abramoff and over his role in shaping controversial interrogation policies.

Timothy E. Flanigan wrote President Bush on Thursday that he was dropping out as a candidate because of “uncertainty concerning the timing of my confirmation,” which has been delayed several times since Bush nominated him in May.

But members of the Senate Judiciary Committee said they were surprised by Flanigan’s decision, given that the panel had just scheduled a second hearing on Oct. 18 and had agreed to vote on Flanigan Oct. 20. Aides said that a new nominee will take longer than that to vet and approve.

If Flanigan had appeared to testify at a second hearing, he was likely to face additional questioning from Democrats in two areas of recent controversy: the administration’s decision-making on the treatment of detainees in the war on terrorism; and links between senior administration officials and Abramoff, who is the subject of a broad federal investigation of his lobbying activities and has been indicted on bank fraud charges in an unrelated case in Florida.

Many of the committee’s Democrats had accused Flanigan of dodging questions and said his withdrawal should not be used to close off further inquiries.

“While Mr. Flanigan’s nomination has been withdrawn, troubling questions remain about the Bush administration’s torture policies and Abramoff’s dealings with the administration and the Republican leadership of Congress,” said Sen. Richard J. Durbin (D-Ill.).

Several Democrats had also complained about Flanigan’s lack of experience as a courtroom prosecutor. Sen. Patrick J. Leahy (Vt.), ranking Democrat on the Judiciary Committee, compared Flanigan to the former head of the Federal Emergency Management Agency, Michael D. Brown, who resigned amid complaints over the U.S. response to Hurricane Katrina.

Flanigan is a senior vice president and general counsel to Tyco International. Company spokeswoman Sheri Woodruff said he will remain at the company in those positions.

Justice Department officials declined to comment publicly about Flanigan’s withdrawal because it involved a personnel issue. One official said it had nothing to do with concerns over torture policies or possible disclosures in the Abramoff case, but was the result of persistent delays in the confirmation process that had complicated Flanigan’s professional and personal life.

Attorney General Alberto R. Gonzales — who was confirmed amid his own controversy earlier this year — has struggled to fill many key slots and has complained to Senate leaders about delays in the nomination process. The head of the Criminal Division, Alice Stevens Fisher, was recently given a recess appointment by Bush after her April confirmation stalled.

Flanigan served as Gonzales’s deputy in the White House counsel’s office, where he participated in White House discussions about an Aug. 1, 2002, memo prepared by the Justice Department suggesting strategies that officials could use to defend themselves against criminal prosecution for torture.

The memo, drafted at the request of the CIA, contended that only physically punishing acts “of an extreme nature” would be prosecutable, and that those committing torture with express presidential authority or without the intent to commit harm were probably immune from prosecution.

During at least one of the meetings attended by Flanigan, those involved heard detailed descriptions of the interrogation methods the CIA wanted to use, such as open-handed slapping, the threat of live burial and “waterboarding,” a technique that produces the sensation of drowning.

Flanigan said at his Judiciary Committee hearing that certain aspects of the 2002 memo were “inappropriate in a sort of sophomorish way” and that he supported the administration’s revision of that memo in December 2004.

But he declined to say, in response to Democratic senators’ questions, whether he had expressed support or opposition for the original version and said the Justice Department’s briefings about the memo were “reasonable.” Flanigan also declined to say whether specific techniques would be allowed under administration rules and wrote that he did “not believe that the term ‘inhumane’ treatment is susceptible to a succinct definition.”

In the Abramoff case, Flanigan had direct dealings with the lobbyist after he left the White House and became Tyco’s general counsel; in that post, he was responsible for overseeing a contract Tyco signed in 2003 with Greenberg Traurig, Abramoff’s employer at the time.

Abramoff had promised to help defeat proposals for imposing tax penalties on firms — such as Tyco — that were incorporated in offshore banking havens, and he bragged to Flanigan about his connections to then-House Majority Leader Tom DeLay (R-Tex.) and to White House senior adviser Karl Rove, according to Flanigan’s statements to the committee last month.

In April 2004, Greenberg Traurig informed Tyco that Abramoff had misspent $1.5 million of the more than $2 million that Tyco had paid him in lobbying fees, by diverting the funds to companies that Abramoff controlled. Flanigan assured the committee, in his written answers, that he had cooperated in the firm’s investigation and also that Tyco had turned over pertinent evidence to the Justice Department.

But the Democrats then wondered why Flanigan — who said he was “shocked and disappointed” by Greenberg Traurig’s disclosure — had not caught the alleged misconduct himself. Flanigan responded that Abramoff had fooled even his own employer.

He also said that he had turned over to his company, for use in its lobby, a $250 digital picture frame that Abramoff gave him as a Christmas gift in 2003.

Posted in Veterans for Common Sense News | Tagged | Comments Off on Torture Advocate Withdraws Nomination for #2 Spot at Justice Department

The Other Hurricane: Has the Age of Chaos Begun?

The genesis of two category-five hurricanes (Katrina and Rita) in a row over the Gulf of Mexico is an unprecedented and troubling occurrence. But for most tropical meteorologists the truly astonishing “storm of the decade” took place in March 2004. Hurricane Catarina — so named because it made landfall in the southern Brazilian state of Santa Catarina — was the first recorded south Atlantic hurricane in history.

Textbook orthodoxy had long excluded the possibility of such an event; sea temperatures, experts claimed, were too low and wind shear too powerful to allow tropical depressions to evolve into cyclones south of the Atlantic Equator. Indeed, forecasters rubbed their eyes in disbelief as weather satellites down-linked the first images of a classical whirling disc with a well-formed eye in these forbidden latitudes.

In a series of recent meetings and publications, researchers have debated the origin and significance of Catarina. A crucial question is this: Was Catarina simply a rare event at the outlying edge of the normal bell curve of South Atlantic weather — just as, for example, Joe DiMaggio’s incredible 56-game hitting streak in 1941 represented an extreme probability in baseball (an analogy made famous by Stephen Jay Gould) — or was Catarina a “threshold” event, signaling some fundamental and abrupt change of state in the planet’s climate system?

Scientific discussions of environmental change and global warming have long been haunted by the specter of nonlinearity. Climate models, like econometric models, are easiest to build and understand when they are simple linear extrapolations of well-quantified past behavior; when causes maintain a consistent proportionality to their effects.

But all the major components of global climate — air, water, ice, and vegetation — are actually nonlinear: At certain thresholds they can switch from one state of organization to another, with catastrophic consequences for species too finely-tuned to the old norms. Until the early 1990s, however, it was generally believed that these major climate transitions took centuries, if not millennia, to accomplish. Now, thanks to the decoding of subtle signatures in ice cores and sea-bottom sediments, we know that global temperatures and ocean circulation can, under the right circumstances, change abruptly — in a decade or even less.

The paradigmatic example is the so-called “Younger Dryas” event, 12,800 years ago, when an ice dam collapsed, releasing an immense volume of meltwater from the shrinking Laurentian ice-sheet into the Atlantic Ocean via the instantly-created St. Lawrence River. This “freshening” of the North Atlantic suppressed the northward conveyance of warm water by the Gulf Stream and plunged Europe back into a thousand-year ice age.

Abrupt switching mechanisms in the climate system – such as relatively small changes in ocean salinity — are augmented by causal loops that act as amplifiers. Perhaps the most famous example is sea-ice albedo: The vast expanses of white, frozen Arctic Ocean ice reflect heat back into space, thus providing positive feedback for cooling trends; alternatively, shrinking sea-ice increases heat absorption, accelerating both its own further melting and planetary warming.

Thresholds, switches, amplifiers, chaos — contemporary geophysics assumes that earth history is inherently revolutionary. This is why many prominent researchers — especially those who study topics like ice-sheet stability and North Atlantic circulation — have always had qualms about the consensus projections of the Intergovernmental Panel on Climate Change (IPCC), the world authority on global warming.

In contrast to Bushite flat-Earthers and shills for the oil industry, their skepticism has been founded on fears that the IPCC models fail to adequately allow for catastrophic nonlinearities like the Younger Dryas. Where other researchers model the late 21st-century climate that our children will live with upon the precedents of the Altithermal (the hottest phase of the current Holocene period, 8000 years ago) or the Eemian (the previous, even warmer interglacial episode, 120,000 years ago), growing numbers of geophysicists toy with the possibilities of runaway warming returning the earth to the torrid chaos of the Paleocene-Eocene Thermal Maximum (PETM: 55 million years ago) when the extreme and rapid heating of the oceans led to massive extinctions.

Dramatic new evidence has emerged recently that we may be headed, if not back to the dread, almost inconceivable PETM, then to a much harder landing than envisioned by the IPCC.

As I flew toward Louisiana and the carnage of Katrina three weeks ago, I found myself reading the August 23rd issue of EOS, the newsletter of the American Geophysical Union. I was pole-axed by an article entitled “Arctic System on Trajectory to New, Seasonally Ice-Free State,” co-authored by 21 scientists from almost as many universities and research institutes. Even two days later, walking among the ruins of the Lower Ninth Ward, I found myself worrying more about the EOS article than the disaster surrounding me.

The article begins with a recounting of trends familiar to any reader of the Tuesday science section of the New York Times: For almost 30 years, Arctic sea ice has been thinning and shrinking so dramatically that “a summer ice-free Arctic Ocean within a century is a real possibility.” The scientists, however, add a new observation — that this process is probably irreversible. “Surprisingly, it is difficult to identify a single feedback mechanism within the Arctic that has the potency or speed to alter the system’s present course.”

An ice-free Arctic Ocean has not existed for at least one million years and the authors warn that the Earth is inexorably headed toward a “super-interglacial” state “outside the envelope of glacial-interglacial fluctuations that prevailed during recent Earth history.” They emphasize that within a century global warming will probably exceed the Eemian temperature maximum and thus obviate all the models that have made this their essential scenario. They also suggest that the total or partial collapse of the Greenland Ice Sheet is a real possibility — an event that would definitely throw a Younger Dryas wrench into the Gulf Stream.

If they are right, then we are living on the climate equivalent of a runaway train that is picking up speed as it passes the stations marked “Altithermal” and “Eemian.” “Outside the envelope,” moreover, means that we are not only leaving behind the serendipitous climatic parameters of the Holocene — the last 10,000 years of mild, warm weather that have favored the explosive growth of agriculture and urban civilization — but also those of the late Pleistocene that fostered the evolution of Homo sapiens in eastern Africa.

Other researchers undoubtedly will contest the extraordinary conclusions of the EOS article and — we must hope — suggest the existence of countervailing forces to this scenario of an Arctic albedo catastrophe. But for the time being, at least, research on global change is pointing toward worst-case scenarios.

All of this, of course, is a perverse tribute to industrial capitalism and extractive imperialism as geological forces so formidable that they have succeeded in scarcely more than two centuries — indeed, mainly in the last fifty years — in knocking the earth off its climatic pedestal and propelling it toward the nonlinear unknown.

The demon in me wants to say: Party and make merry. No need now to worry about Kyoto, recycling your aluminum cans, or using too much toilet paper, when, soon enough, we’ll be debating how many hunter-gathers can survive in the scorching deserts of New England or the tropical forests of the Yukon.

The good parent in me, however, screams: How is it possible that we can now contemplate with scientific seriousness whether our children’s children will themselves have children? Let Exxon answer that in one of their sanctimonious ads.

Mike Davis is the author of many books including City of Quartz, Dead Cities and Other Tales, and the just-published Monster at Our Door, The Global Threat of Avian Flu (The New Press) as well as the forthcoming Planet of Slums (Verso).

Posted in Veterans for Common Sense News | Comments Off on The Other Hurricane: Has the Age of Chaos Begun?

New Orleans Police Beating Caught on Tape

New Orleans Police Beating Caught on Tape

At least one police officer repeatedly punched a 64-year-old man accused of public intoxication, and another officer assaulted an Associated Press Television News producer as a cameraman taped the confrontations.

There will be a criminal investigation, and three New Orleans Police Department officers will be suspended Sunday, arrested and charged with simple battery, Capt. Marlon Defillo said.

“We have great concern with what we saw this morning,” Defillo said after he and about a dozen other high-ranking police department officials watched the APTN footage Sunday. “It’s a troubling tape, no doubt about it. … This department will take immediate action.”

The assaults come as the department, long plagued by allegations of brutality and corruption, struggles with the aftermath of Hurricane Katrina and the resignation last month of Police Superintendent Eddie Compass.

The APTN tape shows an officer hitting the man at least four times in the head Saturday night as he stood outside a bar. The suspect, Robert Davis, appeared to resist, twisting and flailing as he was dragged to the ground by four officers. Another officer then kneed Davis and punched him twice. Davis was face-down on the sidewalk with blood streaming down his arm and into the gutter.

Meanwhile, an officer ordered APTN producer Rich Matthews and the cameraman to stop recording. When Matthews held up his credentials and explained he was working, the officer grabbed the producer, leaned him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade.

“I’ve been here for six weeks trying to keep … alive. … Go home!” shouted the officer, who later identified himself as S.M. Smith.

Police said Davis, 64, of New Orleans, was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation.

Davis, who is black, was subdued at the intersection of Conti and Bourbon streets. Three of the officers appeared to be white, and the other was light skinned. Defillo said race was not an issue.

Three of the five officers involved were New Orleans officers, and two others appeared to be federal officers. Numerous agencies have sent police to help with patrols in the aftermath of Katrina.

Under normal circumstances, it takes unusually offensive behavior to trigger an arrest on Bourbon Street. But New Orleans police have been working under stressful conditions since the hurricane.

Officers slept in their cars and worked 24-hour shifts after the storm. Three-quarters lost their homes and their families are scattered across the country.

Many officers deserted their posts in the days after Katrina, and some were accused of joining in the looting that broke out. At least two committed suicide.

Conditions have improved — officers now have beds on a cruise ship — but they don’t have private rooms and are still working five, 12-hour days.

Compass, the police superintendent, resigned Sept. 27. Despite more than 10 years of reform efforts dating to before he took office, police were dogged by allegations of brutality and corruption.

On Friday, state authorities said they were investigating allegations that New Orleans police broke into a dealership and made off with nearly 200 cars — including 41 new Cadillacs — as the storm closed in.

Posted in Veterans for Common Sense News | Comments Off on New Orleans Police Beating Caught on Tape