Guantánamo and Inflaming Passions in the Courthouse and the World

By Johnny Barber

Four members of Witness Against Torture were found guilty in a jury trial at D.C. Superior Court on January 5, 2012. The jury brought back guilty verdicts in the cases of defendants Brian Hynes of the Bronx, NY, Mike Levinson of White Plains, NY, Judith Kelly of Arlington, Virginia, and Carmen Trotta of New York City, NY. Josie Setzler of Fremont, Ohio was acquitted mid-trial after the prosecution’s witnesses failed to identify her.

The demonstrators were charged with one count of disorderly and disruptive conduct on Capitol grounds. The charges stemmed from protests against a Defense Appropriations Bill—a precursor to the recently passed National Defense Authorization Act of 2012 (NDAA)—that took place in the citizen’s gallery at the House of Representatives on June 23, 2011. The protests were in response to provisions in the bill that make it essentially impossible to close the prison in Guantánamo Bay, Cuba and that legalize indefinite detention.

Prior to the start of the trial, the Prosecutor Brandon Long asked District of Columbia Superior Court Judge Gerald Fisher to disallow any statements regarding Guantánamo into the courtroom fearing that mentioning the detention center and the torture that occurred there “could possibly inflame the jury”. Judge Fisher readily agreed, saying, “Speaking about Guantánamo is inappropriate for the purposes of this trial.” Carmen Trotta responded that it was vital for him to mention Guantánamo Bay because “due process everywhere is being threatened and we have the privilege of due process here, right now.” The judge rejected Trotta’s argument, saying, he “does not want an improper politicization of the defendants’ charge.”

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The Terrorism Issue that Wasn’t Discussed

by Gareth Porter

George W. Bush and President Barack Obama visit the 9/11 memorial (Mandel Ngan/AFP/Getty Images

In the commentary on the tenth anniversary of 9/11, the news and infotainment media have predictably framed the discussion by the question of how successful the CIA and the military have been in destroying al Qaeda. Absent from the torrent of opinion and analysis was any mention of how the U.S. military occupation of Muslim lands and wars that continue to kill Muslim civilians fuel jihadist sentiment that will keep the threat of terrorism high for many years to come.

The failure to have that discussion is not an accident. In December 2007, at a conference in Washington, D.C. on al Qaeda, former State Department Coordinator for Counterterrorism Daniel Benjamin offered a laundry list of things the United States could do to reduce the threat from al Qaeda. But he said nothing about the most important thing to be done: pledging to the Islamic world that the United States would pull its military forces out of Afghanistan and Iraq and end its warfare against those in Islamic countries resisting U.S. military presence.

During the coffee break, I asked him whether that item should have been on his list. “You’re right,” he answered.  And then he added, “But we can’t do that.”

“Why not,” I asked.

“Because,” he said, “we would have to tell the families of the soldiers who have died in those wars that their loved ones died in vain.”

His explanation was obviously bogus. But in agreeing that America’s continuing wars actually increase the risk of terrorism against the United States, Benjamin was merely reflecting the conclusions that the intelligence and counter-terrorism communities had already reached.

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Staying in Afghanistan

by Ross Eventon

A US soldier keeps watch at the site of an explosion in Logar Province south of Kabul Photograph: Omar Sobhani/Reuters

Reports that the US is determined to maintain a presence in Afghanistan will surprise no one except 99% of foreign policy analysts.  Responding to the announcement that the US is in negotiations to maintain a presence until 2024, Mahdi Hassan, senior editor at the New Statesman, writes “the US-led invasions and occupations of both countries have been a dismal failure” because “the presence of western troops in Muslim lands has provoked more terrorism than it has prevented.”

Regardless, Obama escalated the conflict on coming to office.  Citing research that outlines the primary goal of suicide terrorism is to end foreign military occupations, Hassan asks, “Why does an intelligent politician such as Barack Obama have such difficulty understanding this?”

The Afghan and Iraq invasions were launched on the expectation they would increase the terrorist threat to domestic populations, as they duly did.   It is a remarkable example of extreme naivety or intellectual subservience that claims the US is concerned with reducing terror not be met with widespread ridicule.

As Julien Mercille, a lecturer at University College Dublin, points out in the journal Critical Asian Studies, the War on Drugs is equally vacuous.

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“Diplomatic Immunity” or Murder with Impunity? And Who’s a Diplomat Anyway?

triple murders, a suicide, and the unraveling of a spy and a covert war…

by Huma Dar

On Thursday, 27th of January, 2011, while the world was busy watching — or ignoring, as the case might be — the inspiring Egyptian Revolution, in broad daylight, in a very busy part of Lahore (Pakistan), in front of hundreds of eye-witnesses, American contractor, Raymond Davis, murders two or by some accounts even three people: Muhammad Faheem (aka Faheem Shamshad?) (age 26), Faizan Haider (age 22), and Ibad-ur-Rehman.  Davis shoots the former two, who had allegedly threatened to rob him, from within his locked car, with seven bullets — each bullet expertly and fatally finding its mark.  The windshield shows the piercing trajectory of the fatal bullets, but otherwise remains miraculously unshattered.  Davis, then, emerges calmly from his well-equipped car (see descriptions below), shoots Faizan from the back while Faizan was running away (how “dangerous” is that?! does the excuse of “self-defence” hold when one of the victims was running away?), takes photographs and videos of both his victims with his cellphone, gets back into his car, and drives off unruffled, to flee the scene.  Faizan Haider was still alive — he expired later in the hospital.  What an act of “responsibility” from a “diplomat” of the self-ascribed global policeman!

Continue reading ““Diplomatic Immunity” or Murder with Impunity? And Who’s a Diplomat Anyway?”

On Guantánamo, Obama Hits Rock Bottom

by Andy Worthington

(Photo: AP/Brennan Linsley)

On national security issues, there are now two Americas. In the first, which existed from January to May 2009, the rule of law flickered briefly back to life after eight years of the Bush administration.

In this first America, President Obama swept into office issuing executive orders promising to close Guantánamo and to uphold the absolute ban on torture, and also suspended the much-criticized system of trials by Military Commission used by the Bush administration to secure just three contentious convictions in seven years.

In addition, in April 2009 he complied with a court order to release four “torture memos” issued in 2002 and 2005 by lawyers in the Justice Department’s Office of Legal Counsel, which purported to redefine torture so that it could be used by the CIA (in 2002), or broadly upheld that decision (in 2005). As well as confirming the role of the courts in upholding the law, these documents contained important information for those hoping to hold senior Bush administration officials and lawyers accountable for their actions in the “War on Terror.”

The final flourish of this period was the decision to move a Guantánamo prisoner to New York to face a federal court trial, which took place in May 2009. Ahmed Khalfan Ghailani, a Tanzanian seized in Pakistan in July 2004, was held in secret CIA custody for over two years, until he was moved to Guantánamo in September 2006, with 13 other men regarded as “high-value detainees.”

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The Elephant in the Room

by Larbi Sadiki — An Al Jazeera Excerpt

Excluding Hamas from current and future Palestinian-Israeli peace negotiations is an exercise in futility.

Sidelining Hamas in any process to craft genuine peace between Israelis and Palestinians is a glaring omission tantamount to ignoring an elephant in the room. Whether it is Obama’s or the UN’s negotiating room, pretending something of that size absent is an exercise in futility. Hamas is definitely an elephant with many tales. Telling some of these tales recounts the Islamist movement’s rise to power against all odds.

A movement under ‘siege’

Like Hezbollah in Lebanon, Hamas exists in a world that does not want it and in which it is ‘wanted’, a world some might argue it does not also want. It is lumped with the bogeymen and ‘demons’ of world politics on whom are blamed ‘terror’ and the state of ‘structured chaos’ in the Middle East, Pakistan, and Afghanistan, amongst other hotspots. Hamas is no angel and there are no angels in politics. Indeed, part of the problem lies not only in the political strategies Hamas occasionally deploys, but also in the excessive secrecy surrounding most of the movement’s activities.

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“Americans Don’t Flinch” – They Duck!

by Kathy Kelly and Dan Pearson

June 24, 2010

Yesterday, accepting General McChrystal’s resignation, President Obama said that McChrystal’s departure represented a change in personnel, not a change in policy. “Americans don’t flinch in the face of difficult truths or difficult tasks.” he stated, “We persist and we persevere.”

Yet, President Obama and the U.S. people don’t face up to the ugly truth that, in Afghanistan, the U.S. has routinely committed atrocities against innocent civilians. By ducking that truth, the U.S. reinforces a sense of exceptionalism, which, in other parts of the world, causes resentment and antagonism.

While on the campaign trail and since taking office, President Obama has persistently emphasized his view that attacks against civilians are always criminal, unless the U.S. is the attacker, in which case they are justified. We heard this again, yesterday, as the President assured the U.S. people that we will persevere in Afghanistan. “We will not tolerate a safe haven for terrorists who want to destroy Afghan security from within, and launch attacks against innocent men, women, and children in our country and around the world.”

In considering the security of Afghan civilians, it’s crucial to ask why, on May 12, 2009, General McChrystal was selected to replace General McKiernan as the top general in Afghanistan. News reports said it was because he had experience in coordinating special operations in Iraq. That experience involved developing death squads, planning night raids, and coordinating undercover assassinations. McChrystal proved, since his appointment, that he could organize atrocities against Afghan civilians and simultaneously present himself as a protector of Afghan civilians. In doing so, he relied on collaboration and cooperation from Defense Secretary Gates, General Petraeus and President Obama. They are united in their culpability.

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And they call this man eloquent…

‘The middle east is obviously an issue that has plagued… the region… for … centuries.’

It appears the word ‘occupation’ is not a part of this blathering milquetoast’s vocabulary. (Kudos to the courageous questioner, who, I am told, was Laila Abdelaziz of the University of South Florida.)

The person he reminded me most of was this:

Peace propaganda and the Israeli consensus

George Mitchell is in Israel/Palestine as the White House’s special envoy, in a visit described as “a final push to revive Middle East peace talks”. The focus remains on Israel’s so –called settlement ‘freeze’, with Mitchell reported as saying that there was still work to be done on the “Israeli-American dispute over construction in the West Bank”. Ahead of his meeting with Mitchell today, Netanyahu has confirmed that there will not be a “complete halt to building” in the settlements, telling a Knesset committee that “a reduction on building in Judea and Samaria will only be for a limited period”.

The ‘freeze’ is the latest warmed-up gimmick to be offered by the international community’s peace process’, though even by the standards of previous efforts such as the ‘Road Map’ and ‘Annapolis’, the settlement freeze is transparently lacking in seriousness. The Israeli government’s definition of a ‘freeze’ excludes: settlement activity in occupied East Jerusalem; 2,500 housing units already under construction; and, hundreds of new units just recently announced.

That the ‘freeze’ will last in the region of six to nine months is rather academic, given that it will make no difference to this year’s total settlement housing consolidation compared to previous years. As Ha’aretz pointed out, “instead of construction permits being given gradually throughout the year, the government intends to issue hundreds of permits within a few days, before the official announcement of the “freeze” is made”.

Even the PM’s spokesperson Mark Regev has found it hard to spin what Deputy PM Eli Yishai has called merely a “strategic delay”. The new construction in West Bank colonies ahead of the ‘freeze’ Regev argued was a case of doing something now to “actually make progress possible tomorrow”. MK Nissim Ze’ev, visiting a settlement outpost, felt no need to resort to such contortions, encouraging the settlers that there is “no one in the government who doesn’t want more and more construction throughout Judea and Samaria”, but that owing to tensions with the US, there are currently “limitations”. Continue reading “Peace propaganda and the Israeli consensus”

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