Monday, February 25, 2013

RubinReports: Is Chuck Hagel America's Haman?

From Barry Rubin's RubinReports: The Book of Esther: A Political Analysis

Third, Haman provides the classic,  statement of non-theological antisemitism that could easily fit into the nineteenth and twentieth century and even today, mirroring the kinds of things hinted for example by nominee for secretary of defense Chuck Hagel. Haman explained:

“There is a certain people, scattered and dispersed among the other peoples…of your realm, whose laws are different from those of any other people and who do not obey the king’s law, and it is not in your majesty’s interest to tolerate them.”

In other words, the Jews comprise what would later be called a separate national group. It is impossible to assimilate them; they are disloyal due to dual loyalty; and despite their apparent weakness they plot against you.

I'm sure that Hagel is not antisemitic in any conscious way yet he echoes the same themes that Haman used. Haman might have said that he was not a "Jewish" minister but a "Persian" minister, who would not bow down to the Jewish lobby whose interests subverted those of the nation.  

A contemporary problem in understanding antisemitism today is that hegemonic political, intellectual, and informational forces in the West want to measure antisemitism by conscious intent and not by the use of well-worn historical (these are even in the Bible!) themes, though that is precisely the criterion that they do use in examining just about any other sort of bigotry. They also begin by excluded all non-Western populations from possibly being antisemitic. But Haman was residing in a non-Western society.  

We Meant Well: We Are All Bradley Manning by Peter Van Buren

We are All Bradley Manning: 1000 Days in Jail without a Conviction

February 25, 2013 // 3 Comments
Posted in: DemocracyIraq
Bradley Manning, the young army private who allegedly disclosed the Wikileaks files, must be given a fair, open and speedy trial. He has been held over three years, often in solitary and inhumane conditions. He has been convicted of no crime. This is simply and self-evidently wrong.
The crimes Manning is accused of, a cascading series of offenses all restating that he leaked classified material, hurt no one; the government, in fact, has gone out of its way to declare that it need not show any damage done in its pursuit of the death penalty for Manning. The US Department of State, whose 100,000 leaked cables have been on the internet for over three years, formed then quickly disbanded a “task force” designed to show all the terrible things that resulted from Manning’s alleged disclosures. The Department has since, in response to Freedom of Information Act requests, itself released documents Manning is threatened with the gallows for releasing. No harm has been shown, no lives lost, no American goals thwarted.
I probably had dinner with Bradley Manning when we were both stationed at Forward Operating Base Hammer in Iraq at the same time (I worked for the Department of State). The office where he allegedly did his dirty work was down the hall from mine, so it is hard to believe we never walked past each other or shared a table in the single cafeteria on base.
In 2011 as a State Department employee, I linked from my personal blog to a document on the Wikileaks site, a document that may have been provided by Manning. In return for this simple internet link, the State Department took away my security clearance, threatened me with prosecution and stripped me of my career of 24 years as a diplomat, all without any review, due process or opportunity to rebut their silly accusation that I too had disclosed classified material, via a hyperlink. My life changed, with a stroke of a pen, as is said.
Bradley Manning, convicted of no crime, is in his third year of incarceration. He spent part of the first year in a literal cage in Kuwait, followed by a year or more in custody where he was stripped of his clothing, not allowed contact with any humans besides his jailers and constantly mocked, ridiculed a and taunted, all without any review, due process or opportunity to rebut the accusations against him. With a stroke of a pen, as is said.
A lot of things happen now in America with the stroke of a pen: innocent people end up on no-fly lists, Occupy organizers have their phone calls and emails monitored, jobs are denied to hard working people after some “background check” fails and in the ultimate, a drone may kill a person. All without any review, due process or opportunity to rebut.
Our nation was founded on a set of ideas, some dating as far back as the Magna Carta. Chief among those ideas was an overriding principle that the people should be able to live their lives unmolested by their government, and that to ensure that, restraints were written into law that would prevent the government from taking away someone’s privacy, freedom or life arbitrarily. Courts, open and public, would weigh the government’s desire to deprive people of their lives against these broader principles. It was what made America a special place, perhaps the only nation founded on an idea. We have abandoned those concepts. We have failed Bradley Manning and we have failed ourselves.
I don’t know what Bradley Manning did, and neither do you. A court must decide, in a speedy and open manner because that is what our America is about. Everyday Manning is denied that right—and it was 1000 days as of February 23—we are all denied that right. America is nothing but a sum of its people, and when we deny justice to one we deny it to all. Give Bradley Manning a fair, speedy and open trial for his sake, for our own sake and for this nation’s sake.

SOURCE: We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People by Peter Van Buren

Friday, February 08, 2013

Peter Van Buren on Drones & the 5th Amendment


Q: If a foreign organization kills an American overseas for political reasons, it is called…
A: Terrorism.
Q: If the United States kills an American overseas for political reasons, it is called…
A: Justice.
The Government of the United States, currently under the management of a former professor of Constitutional law, is actively killing its own citizens abroad without any form of due process. This is generally seen as a no-no as far as the Bill of Rights, the Magna Carta and playground rules goes. The silly old Fifth Amendment to the Constitution guarantees “no person shall be deprived of life without due process of law” and include no exceptions for war, terrorism, or being a really shitty human being.
On or about May 7, 2011 a US military drone fired a missile in Yemen (which is another country that is not our country) aimed at American Citizen Anwar al Awlaki, a real-live al Qaeda guy. The missile instead blew up a car with two other people in it, quickly dubbed “al Qaeda operatives” since we killed them. The US has shot at al Awlaki before, including under the Bush administration. In justifying the assassination attempt, Obama’s counterterrorism chief Michael Leiter said al Awlaki posed a bigger threat to the U.S. homeland than bin Laden did, albeit without a whole lot of explanation as to why this was. But, let’s be charitable and agree al Awaki is a bad guy; indeed, Yemen sentenced him to ten years in jail (which is not execution, fyi) for “inciting to kill foreigners” and “forming an armed gang.”
While the al Awlaki killing is old news, the new news is that the drone that did him fly out of a previously secret U.S. base in Saudi Arabia. Conveniently, that base was secret pretty much only from the American public, as it turns out that an “informal arrangement among several news organizations that had been aware of the location for more than a year.” Those news organizations included the New York Times, the Washington Post, the Associated Press and Fox. The limp newsies kept the secret because the Obama administration claimed disclosure might carry “potential national-security risks.” The U.S. militarization of Saudi Arabia after the 1991 Gulf War is often cited by al Qaeda as one of its prime recruitment tools, so the disclosure indeed reveals a significant dumb ass decision by the U.S.
Attorneys for al Awlaki’s father tried to persuade a US. District Court to issue an injunction preventing the government from the targeted killing of al Awlaki in Yemen, though a judge dismissed the case, ruling the father did not have standing to sue. My research has so far been unable to disclose whether or not this is the first time a father has sought to sue the US government to prevent the government from killing his son but I’ll keep looking. The judge did call the suit “unique and extraordinary” so I am going to go for now with the idea that no one has previously sued the USG to prevent them from murdering a citizen without trial or due process. The judge wimped out and wrote that it was up to the elected branches of government, not the courts, to determine whether the United States has the authority to murder its own citizens abroad.
Just to get ahead of the curve, and even though my own kids are non-terrorists and still in school, I have written to the president asking in advance that he not order them killed. Who knows what they might do? One kid has violated curfew a couple of times, and another stays up late some nights on Facebook, and we all know where that can lead.
The reason I bring up this worrisome turn from regular person to wanted terrorist is because al Awlaki used to be on better terms with the US government himself. In fact, after 9/11, the Pentagon invited him to a luncheon as part of the military’s outreach to the Muslim community. Al Awlaki “was considered to be an ‘up and coming’ member of the Islamic community” by the Army. He attended a luncheon at the Pentagon in the Secretary of the Army’s Office of Government Counsel. Al Awlaki was living in the DC area at that same, the SAME AREA MY KIDS LIVE, serving as Muslim chaplain at George Washington University, the SAME UNIVERSITY MY KIDSmight walk past one day.
Even though Constitutional law professor Obama appears to have skipped reading about the Fifth Amendment (release the transcripts! Maybe he skipped class that day!), courts in Canada have not.
A Toronto judge was justified in freeing an alleged al Qaeda collaborator given the gravity of human rights abuses committed by the United States in connection with his capture in Pakistan, the Ontario Court of Appeal ruled. Judges are not expected to remain passive when countries such as the US violate the rights of alleged terrorists, the court said Friday.
“We must adhere to our democratic and legal values, even if that adherence serves in the short term to benefit those who oppose and seek to destroy those values,” said the Canadian court.
Golly, this means that because the US gave up its own principles in detaining and torturing this guy, the Canadians are not going to extradite him to the US. That means that the US actions were… counterproductive… to our fight against terrorism. The Bill of Rights was put in place for the tough cases, not the easy ones. Sticking with it as the guiding principle has worked well for the US for about 230 years, so why abandon all that now?
Meanwhile, I’ll encourage my kids to stay inside when they hear drones overhead.

Wednesday, February 06, 2013

Destroying Rights Guaranteed Since the Magna Carta

From: We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People by Peter Van Buren

Destroying Rights Guaranteed Since the Magna Carta
by Peter Van Buren

Here are the Department of Justice’s legal argumentsgranting permission to the president to assassinate Americans if they are connected with al Qaeda, essentially destroying rights guaranteed citizens since the Magna Carta– right to life, right to a trial, right to due process.
This will be one of the documents historians study years from now while chronicling the end of the American experiment in democracy. Those historians will conclude that no foreign power defeated us; we ate ourselves.
Torture as American Policy
The release of these legal arguments comes on the same day that the Open Society Foundation detailed the CIA’s effort to outsource torture since 9/11 in excruciating detail. Known as “extraordinary rendition,” the practice concerns taking detainees to and from U.S. custody without a legal process — think of it like an off-the-books extradition — and often entailed handing detainees over to countries that practiced torture. The Open Society Foundation found that 136 people went through the post-9/11 extraordinary rendition, and 54 countries were complicit in it. The U.S. worked with Iran to take new prisoners, and sent others into Assad’s Syria for torture.
Justification to Ignore the Constitution
According to MSNBC, the undated DOJ memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and not discussed publicly. The white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel. The administration has refused to turn over to Congress or release those more detailed memos publicly, or even to overtly confirm they existence.
In the DOJ white paper, it is determined that in order for the United States of America to kill one of its own citizens, all that is needed is that “an informed, high-level official of the U.S. Government has determined that the targeted individual poses an imminent threat of violent attack against the United States,” and that capture is not feasible and of course that the laws of war are followed. For those tracking the amount of blood on the president’s hands, note that no review takes place, no due process, no jury, no anything, just death because the president (or, technically, any anonymous informed high-level official) says kill that man, woman or child. This is considered by the Department of Justice to be “a lawful act of national self-defense.”
DOJ specifically states that if the targeted individual had rights under the Fourth Amendment and the Due Process Clause, such rights would not “immunize him from a lethal operation.”
The Fourth Amendment is a now-quaint part of the U.S. Constitution that guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The Due Process Clause is contained in the Fifth and Fourteenth Amendments to the United States Constitution. It once acted as a safeguard from arbitrary denial of life, liberty, or property by the Government. The clear intent of Due Process, appearing twice in the Constitution, is to assure Americans that the government cannot act against them outside of a judicial process, a set of laws to protect against the government having too much power.
The Department of Justice also concludes that the murder of an American Citizen under such circumstances “would not violate certain criminal provisions prohibiting the killing of U.S. nationals outside the United States; nor would it constitute the commission of a war crime or an assassination prohibited by Executive Order.”
It was found that “the realities of the conflict and the weight of the government’s interest in protecting its citizens from an imminent attack are such that the Constitution would not require the government to provide further process to such a U.S. Citizen before using lethal force.”
The document notes that “the condition that the operational leader present an imminent threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” Instead, DOJ asserts a “broader definition of imminence.”
Neatly, to conclude their argument, the Department of Justice states that due to the unique circumstances of the conflict with terror, “there exists no appropriate judicial forum to evaluate these constitutional considerations.”
The End of the Experiment
One is left literally gasping for air, pale with anger, wondering what we have become in America. Have we stooped to the level of the Nazi Nuremberg Laws, which in precise legalese justified the Holocaust? Have we reached the point where we believe we must destroy our beautiful Constitution in order to save it?
Of what value anymore is the oath all Federal employees take, the same oath Obama took on the steps of the Capitol last month, promising to defend and uphold the Constitution? What value is that oath when with a memo he deems that that Constitution does not apply when there is killing to be done abroad. What type of nation declares war on its own citizens?
Those questions are left rhetorical for now, but this much is now true: the president of the United States has granted himself legal justification to ignore the most basic tenet of freedom– the right to live– and empowered himself to kill his own citizens without any form of due process or judicial procedure. It is an easy way for a writer to grab headlines, claiming such-and-such is the end of our rights, such as the limits imposed on habeas corpus, online spying, no-fly lists, restrictions on free speech, etc. But now we have truly approached the edge, because when you are dead, killed extra judicially by your own government, well, no other theoretical rights really matter anymore.
Abu Graib, Guantanamo, the CIA secret prisons, imprisonment without trial of Bradley Manning, those are not aberrations or exceptions– they were practice. These are indeed the darkest of days for our democratic experiment.