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JOHN ASHCROFT’S IMMUNITY AND THE U.S. LEGAL SYSTEM

By Dr. Lawrence Davidson | 26. Oct, 2010

The Situation

One of the cases the Supreme Court of the United States will take up in its 2011 session is Ashcroft vs. al-Kidd. John Ashcroft was the Attorney General under President George Bush Jr. In that capacity he appears to have knowingly violated the U.S. Constitution (as well as periodically forced his employees to listen to his horrendous singing voice). Abdullah al-Kidd is a Muslim American citizen who Ashcroft illegally ordered detained through the illicit use of a material witness warrant. Kidd was one of 70 detained in this manner. He was picked up at Dulles International Airport after the FBI lied to a judge in order to get the warrant for his seizure. Al-Kidd was subsequently held for long periods in a security cell where the lights never went out.

That John Ashcroft is the criminal and al-Kidd his victim is certain. That is how the Ninth Circuit Court of Appeals sees it. That court has refused to dismiss al-Kidd’s lawsuit against Ashcroft noting that the former Attorney General can be held personally responsible for action “repugnant to the Constitution.” That he knowingly and criminally acted to “arrest and detain American citizens for months on end, in sometimes primitive conditions, not because they have committed a crime, but merely because the government wants to investigate them for possible wrongdoing.” Ashcroft’s lawyers avoid the question of the illegality of his actions and simply say that he is immune from lawsuits for actions he took as Attorney General. On that basis they have asked the Supreme Court to dismiss the suit. The Justices have now decided to consider Ashcroft’s request.

Certainly John Ashcroft is not the first high U.S. official to reveal himself as an alleged criminal. Nor is it the first time that high government officials have acted in an unconstitutional manner. Right out of the starting gate , so to speak, the young United States created the Alien and Sedition Acts (1798) through which the Federalist party sought, quite unconstitutionally, to jail its political opponents. Andrew Jackson spit in the eye of both the Supreme Court and the Constitution by evicting the Cherokee Indians (1838), James Polk should have been impeached for high crimes and misdemeanors for lying to the Congress in order to start the Mexican-American War (1846), Abraham Lincoln probably violated the Constitution by some of his police actions during the Civil War, the raids and deportations that took place as a result of the Red Scares of the 1920s were at least in part unconstitutional, then you have Watergate, Irangate and now multiple potential Bushgates. Few of the politicians who ordered these criminal actions, or those who carried out those orders, ever faced punishment.

The Position of the Obama Administration

What is interesting about the present case of Ashcroft vs. al-Kidd is that the Obama administration has decided to make illegality acceptable by institutionalizing the concept of immunity for highly placed men like Ashcroft. The administration will try to do this not through legislation, but through precedent– by defending Ashcroft’s claim to immunity before the Supreme Court. At first it seems strange that a professed liberal president such as Barack Obama would do this. But unfortunately, it is quite consistent with the illiberal stance he has maintained on the question of the constitutional responsibility of his predecessors in the Bush White House. From the beginning of his presidency, Obama decided to shield them from the consequences of their crimes. This position was initiated by the president’s “we should look forward” statement in January of 2009. In this statement he made it clear that he did not want to pursue those who had ordered or implemented (in this case) torture under the Bush administration. When popular pressure forced the president to allow his attorney general, Eric Holder, to open an investigation of the issue of torture it was arranged so the inquiry would have no teeth. Publically and up front we were told that no one would be prosecuted whatever the outcome of the probe. That is the last anyone has heard of Holder’s investigation of torture American style. The long and short of this is that the principle set down at Nuremberg, to wit following orders is no excuse for criminal behavior, will not be applied. Nor will giving the orders incur a penalty. The decision to defend Ashcroft’s claim of immunity is in solid accord with this position.

The logic of this position, and its likely consequences, warrants close examination. If we were to ask President Obama why he has decided to defend the immunity of alleged criminals who happen to be high government officials, and if he were to be perfectly candid in his reply, here is what he might say:

1. President Obama – It would be difficult for the president, or those who carry out his orders, to act freely and as needed if they had always to worry about litigation after the fact. This is particularly true in time of war and emergency.

My Reply – This assertion has been made by leaders of states from time immemorial. It is a variation on the raison d’etat argument that has historically allowed all manner of bad behavior under the guise of state interests. On the other hand, it is true that following the law can prove inconvenient under wartime or emergency conditions. Nonetheless, in the long run, lawlessness is much worse than inconvenience. It is to be noted that, in the American case, appointed and elected high officials (particularly attorney generals!) are sworn to uphold the law not to transgress it.

2. President Obama – While I have stopped the more egregious policies of the Bush administration, I am still responsible for the safety of all American citizens and, in our modern age, I have to be able to use all the methods, high tech and otherwise, to achieve this goal. Some of these methods might very well prove unconstitutional (warrantless wiretaps, for instance) and yet I must be free to use them because another 9/11 style attack must be prevented. And, if I am to use these methods, then I can not prosecute those who have done so before me. Otherwise I would be accused of being a hypocrite by my political foes.

My Reply – This argument juxtaposes unattainable 100% security against the traditional freedoms that makes America the country its founders intended. Do we want to sacrifice the latter for the illusion of the former? As James Madison once observed, “The means of defense against foreign danger historically have become instruments of tyranny at home.” That is the slippery slope President Obama seems willing to take us down. It also prioritizes the president’s political interests over the Constitution. This latter point of view can be carried further.

3. President Obama – You have to understand, that if I do not do all that is possible, be it constitutional or otherwise, to protect the nation I put myself in mortal political danger. I open myself to the accusation by my political rivals that I am “soft” on security or terrorism. And, if something does happen, such as another terrorist attack, then I am politically dead.

My Reply – Well, yes, this is so. However, what is also true is that prioritizing politics above law always leads us in the direction of corruption, or worse. By defending Ashcroft isn’t President Obama saying it is all right to break the law if you are highly placed and so lacking in imagination that you can not figure out a legal way of dealing with an emergency? For let us be clear, there is no evidence that after 9/11 the unconstitutional route was the only possible route to defend the country. Were the legal options and their constitutional variants ever seriously itemized and discussed? The Obama administration, like the Bush operatives, have never publically addressed this question.

Likely Consequences

If the Obama Justice Department proceeds with its plans to defend Ashcroft’s immunity claim and if, as is likely, the Supreme Court upholds that claim, we will be left with a politically based two tier legal system. It will set free to break the law every highly placed federal official every time he or she can claim an emergency situation. Then, after the fact, they will cite the immunity precedent. In the meantime, the fact that high federal officials are sworn to uphold the laws of the land will be rendered worthless, just another bit of political hypocrisy.

So what is it that we want for America? Do we want a two tier legal system where presidents and their appointees can break the law with impunity? Do we want a legal system where it is accepted that citizens and residents can disappear into federal dungeons? Is it all right with us that our fellow citizens, following the orders of the president, will torture, detain, shackle and otherwise abuse others without any regard for law – and they too will be immune? Because, whether they realize it or not, that is what the Obama Justice Department is arguing for when it defends John Ashcroft.

DR. LAWRENCE DAVIDSON is professor of Middle East history at West Chester University in West Chester, PA, and the author of America’s Palestine: Popular and Official Perceptions from Balfour to Israeli Statehood (University of Florida Press, 2001), Islamic Fundamentalism (Greenwood Press, 2003), and Foreign Policy, Inc.: Privatizing American National Interest (University of Kentuck Press, 2009).

October 26, 2010 Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite | Leave a comment

Americans protest police brutality

Press TV – October 23, 2010

Demonstrations organized by the October 22 Coalition, with the aim of seeking an end to police violence, have been held across the US for the 15th year in a row. Thousands of people participated in protests in major cities in the US on Friday.

Organizers of the National Day of Protest to Stop Police Brutality, Repression and the Criminalization of a Generation say the situation is getting worse.

In Detroit, people demanded justice for Aiyana Jones, a seven-year old girl who was shot to death by police officers during a raid on her home.

In Los Angeles, people held a rally, where riots broke out in September, in response to the killing of Manuel Jamines, a Guatemalan day laborer. LA resident Alicia Alvarez, whose son Jonathan Cuevas was shot in the back by police officers, participated in the demonstrations.

“There are other methods of dealing with suspects. My son was running away from him, so I don’t think my son was an immediate threat, so he could have used a taser or he could have used rubber bullets, but instead he chose to use a fire arm and kill my son,” Alvarez told Press TV.

“The problem is not a problem with individual officers. We don’t believe in the concept of that there are a few rotten apples on the tree. We say the whole orchard is rotten,” Bilal Ali, an event organizer, told Press TV.

LA Police Sergeant Mitzi Grasso responded by saying that “We have over 3 million calls for service a year, and so very few end up in any type of violent encounters… and our review process is so thorough.”

The Coalition published the second edition of the book Stolen Lives, documenting over 2,000 cases in the 1990’s alone.

Photo – credit Wikipedia

October 23, 2010 Posted by | Civil Liberties, Subjugation - Torture | Leave a comment

Ten Questions for Tea Partiers

Ralph Nader – Oct 22, 2010

Here are ten Questions for Tea Partiers that they want or do not want to answer. I say it this way because people who call themselves Tea Partiers do not all have the same view of politics, government, Big Business or the Constitution. Their opinions range from pure Libertarian to actively furthering the privileges of plutocracy. Their income and occupational background vary as well, though most seem to be middle-income and up.

My guess is that most Tea Partiers come from the conservative wing of the Republican Party who are fed up with both the corporate Republicans like Bush and Cheney, as well as the Democrats like Barack Obama and Nancy Pelosi.

With the above in mind, the following questions can serve to go beyond abstractions and generalizations of indignation and get to some more specific responses.

1. Can you be against Big Government and not press for reductions in the vast military budgets, fraught with bureaucratic and large contractors’ waste, fraud and abuse? Military spending now takes up half of the federal government’s operating budgets. The libertarian Cato Institute believes that to cut deficits, we have to also cut the defense budget.

2. Can you believe in the free market and not condemn hundreds of billions of dollars of corporate welfare-bailouts, subsidies, handouts, and giveaways?

3. Can you want to preserve the legitimate sovereignty of our country and not reject the trade agreements known as NAFTA and GATT (The World Trade Organization in Geneva, Switzerland) that scholars have described as the greatest surrender of local, state and national sovereignty in our history?

4. Can you be for law and order and not support a bigger and faster crackdown on the corporate crime wave, that needs more prosecutors and larger enforcement budgets to stop the stealing of taxpayers and consumer dollars so widely reported in the Wall Street Journal and Business Week? Law enforcement officials estimate that for every dollar for prosecution, seventeen to twenty dollars are returned.

5. Can you be against invasions of privacy by government and business without rejecting the provisions of the Patriot Act that leave you defenseless to constant unlawful snooping, appropriation of personal information and even search of your home without notification until 72 hours later?

6. Can you be against regulation of serious medical malpractice (over 100,000 lives lost a year, according to a study by Harvard physicians), unsafe drugs that have serious side effects or cause the very injury/illness they were sold to prevent, motor vehicles with defective brakes, tires and throttles, contaminated food from China, Mexico and domestic processors?

7. Can you keep calling for Freedom and yet tolerate control of your credit and other economic rights by hidden and arbitrary credit ratings and credit scores? What Freedom do you have when you have to sign industry-wide fine print one-sided “contracts” with your banks, insurance companies, car dealers, and credit card companies? Many of these contracts even block your Constitutional access to the courthouse.

8. Can you be for a new, clean system of politics and elections and still accept the Republican and Democratic Two Party dictatorship that is propped up by complex state laws, frivolous litigation and harassment to exclude from the ballot third parties and independent candidates who want reform, accountability, and stronger voices for the voters?

9. If you want a return to our Constitution—its principles of limited and separation of power and its emphasis on “We the People” in its preamble—can you still support Washington’s wars that have not been declared by Congress (Article I Section 8) or giving corporations equal rights with humans plus special privileges and immunities. The word “corporation” or “company” never appears in the Constitution. How can you support eminent domain powers given by governments to corporations over homeowners, or massive week-end bailouts by the Federal Reserve and Treasury Department of businesses, even reckless foreign banks, without receiving the authority and the appropriations from the Congress, as the Constitution requires?

10. You want less taxation and lower deficits. How can you succeed unless you stop big corporations from escaping their fair share of taxes by manipulating foreign jurisdictions against our tax laws, for example, or by letting trillions of dollars of speculation on Wall Street go without any sales tax, while you pay six, seven or eight percent sales tax on the necessities you buy in stores?

Let’s hear from you Tea Partiers. Meanwhile, see the work of video-journalist, Steve Ference, who has interviewed and given voice to those among you in his new paperback “Voices of the Tea Party” published by Lulu.com on July 4, 2010. Contact VoicesoftheTeaParty@gmail.com.

October 22, 2010 Posted by | Civil Liberties, Economics, Militarism | Leave a comment

Police repress convergence on UK weapons factory

Bridget Chappell, The Electronic Intifada, 22 October 2010
Police cordoned off activists and outnumbered them three to one. (Tom Wills)

As Israeli warplanes flew over Gaza on 13 October, activists converged on Brighton, United Kingdom for the annual mass action against the local EDO/ITT factory that produces components used in weapons by the Israeli Air Force, amongst others, to devastating effect.

Faces clad, dozens of protesters attempted to break through police lines. Outnumbered by police three to one, the activists were chased down, detained and arrested. The surreal background symphony continued: photographers’ flashes, stubborn traffic attempting to worm its way through police lines, the chants of “Free Palestine!” and the unmistakable sound of a police chopper circling overhead.

The campaign against EDO/ITT is now in its sixth year and this was the fifth convergence of its kind. The British police’s heavy-handed crackdown on the action should perhaps be no surprise given the success of past Smash EDO convergences and the ongoing weekly protests against the factory. The repression began in the early hours of the morning as dozens of activists sleeping in an accommodation center in Stanmer Park, located twenty minutes from the planned protest site, awoke to find the building surrounded by 27 riot police vans. Those trapped inside were only permitted to leave inside a police cordon — a mobile means of detention. Protesters who were able to reach the planned convergence space, a park close to the EDO/ITT factory, quickly met with an overwhelming force of riot police on foot and horseback.

Undeterred, protesters, numbering around 300, splintered off into smaller groups as the day quickly developed into an elaborate, and wholly unequal game of pursuit between activists and police. Sights such as a group of protesters, pursued by police, taking off into the woods carrying a large papier-mache airplane and inflatable hammers underlined the tragicomic nature of the demonstration. Two Israeli activists taking part in the action held an impromptu talk about the realities of day-to-day life for Palestinians under Israeli occupation to those held captive alongside them in a police cordon.

The day finally drew to a close late that afternoon with 53 arrests. Despite the overwhelming police presence at the protest site, the activists responded with spontaneous actions. This included successful rallies outside both Barclays Bank and the Royal Bank of Scotland (where protesters even glued themselves to the building), both known investors in the ITT corporation. Spirits were mixed as events wound down; factory production had been shut down for the day, but police repression saw the streets controlled and hopes of a successful siege of the factory were dashed. In spite of the massive police presence, the protest’s message resonated throughout the streets of Brighton: no war machine, not in my backyard.

Brighton’s long, loud and colorful history of activism against the war machine and those who profit from it continues to manifest itself in a slew of campaigns. New projects include a successful community guerrilla gardening takeover of the urban space earmarked for the opening of a supermarket giant Tesco store — known for stocking Israeli products produced in settlements in the occupied West Bank and Golan Heights. Activists have also initiated a “No Borders” campaign against the establishment of a new incinerator in the area slated to be run by the French multinational Veolia, which has been involved in the illegal Jerusalem light rail project. Established in 2006, the Brighton Jordan Valley Solidarity group continues to see many local activists travel to the Palestinian town of Tubas in the occupied West Bank each year as part of a strong ongoing solidarity campaign and unofficial partnering of the two cities.

The Smash EDO campaign embodies the growth of the new anti-militarist movement in the UK in recent years that hits back against the government’s thinly-veiled complicity with, and profiteering from, illegal occupations in Palestine, Iraq and Afghanistan. Activists with the campaign also say its a response to the mainstream anti-war movement’s politicking and well-behaved protest marches. The Smash EDO campaign relates to the successful campaign in the UK and Ireland against Raytheon, which culminated in the 2006 destruction of the American defense contractor’s offices in Derry, Northern Ireland during Israel’s 2006 invasion of Lebanon.

The underlying momentum of the movement is founded in the belief that war crimes can and must be stopped, but not through the petitioning of arms traders or political hand-wringing. Speaking about EDO/ITT, Smash EDO spokeswoman Chloe Marsh says that “since the campaign started they [EDO/ITT] have closed down around 25 percent of the business from their main site plus sold off one other location which was also targeted by direct action activists. They might just be a small part of the war machine, but they are one that exists in our local community, making them a ‘doable’ target. Every bomb that is dropped, every bullet that is fired in the name of this war of terror has to be made somewhere — and wherever that is it can be resisted.”

“We will be there until they’re not,” says Marsh. “In other words, the ultimate goal is the factory’s closure.” Considering the odds that the campaign continues to stack against the weapons manufacturer, this not only seems a tangible victory, but highlights the universal wisdom in “think globally, act locally.”

Bridget Chappell is an Australian activist and writer who worked with the International Solidarity Movement in Palestine from August 2009 through May 2010.

October 22, 2010 Posted by | Civil Liberties, Solidarity and Activism | Leave a comment

A new stage in the war on dissent

Socialist Worker | October 19, 2010

Michael Ratner is the president of the Center for Constitutional Rights, a leading organization in opposing the dismantling of civil liberties under the Bush, and now Obama, administrations.

He spoke with Nicole Colson about the recent raids on the homes and offices of antiwar and socialist activists in Chicago, Minneapolis and North Carolina–and why the Obama administration, despite claims to the contrary, has been disastrous when it comes to promises to protect our civil liberties.

NC:  RECENTLY, ANTIWAR and socialist activists in Chicago, Minneapolis and North Carolina have had their homes and offices raided, and were given grand jury subpoenas. What is your take on these raids? What’s your sense of what the government is after?

THE RAIDS have all the earmarks of a fishing expedition–both the search warrants as well as grand jury subpoenas. They all claimed to be investigating “material support to terrorism,” in particular around both the Middle East and the country of Colombia. It appears to be a fishing expedition because the materials that were authorized to be seized and the subjects about which questions were to be asked were quite broad.

The search warrants were like wholesale seizure warrants. The FBI goes into five or six houses in Minneapolis, two houses in Chicago, some houses in North Carolina and Michigan as well, and seize everything. They take people’s cell phones, they take all the computers out, they take every document out. This broad language in the search warrants purports to allow the FBI to take everything in those offices.

And then the subpoenas, which require people to testify in front of the grand jury, they also are very open ended. Asking for everything people know about certain organizations, phone numbers, associates, friends, etc. So you would think if it was a narrowly tailored prosecution in which they thought there might be real criminal conduct, the focus would be much narrower.

So while it appears from the warrants they might have some suspicion about something (but who even knows if that suspicion is valid), they certainly don’t have very much, because they are going very, very broadly.

It’s something like looking for a needle in a haystack, in which they destroy many lives and chill people’s rights–and there may not even be a needle. And because of that, they are clearly encroaching on the First Amendment rights of people who are doing antiwar organizing and working to change U.S. foreign policy, particularly in the Middle East and in South America.

There are many problems, but one of the problems here is that the search warrants and subpoenas are so that broad, they cut directly into all kinds of First Amendment activities. So the people in Minneapolis, who were among the main organizers of some of the Republican National Convention demonstrations in 2008, then become the targets of the FBI or the Joint Terrorism Task Force–and their First Amendment activities, and their right to organize and oppose the government are therefore chilled or even prevented all together.

A broad, wholesale attack like this on the antiwar movement and on activists is bad for the people who were directly attacked, and it also tells all of us that the activities we undertake are subject to government surveillance and much more in this case–the actual seizure of the documents and grand jury subpoenas.

So it’s quite serious. It makes you very suspicious because it’s so broad. It was so coordinated, it was across the country, and they don’t really have that much, if anything.

A second problem is the ostensible reason for the search. The various warrants and subpoenas cite the law concerning material support for terrorism. And of course, that’s the material support statute.

A case arguing the unconstitutionality of that statute was recently argued by the Center for Constitutional Rights in the Supreme Court [Holder v. Humanitarian Law Project]. We lost. The Supreme Court, for the first time since 9/11, said advocacy or speech on behalf of an organization on the attorney general’s terrorist list is covered by the criminal statute–the material support of terrorism statute–if that speech is coordinated with, or you work with or have contact with, people in the alleged terrorist organization.

So once an organization is put on the terrorist list, if I only write an op-ed, and if I gather the information from the designated organization or have any contact with anybody there, even if it’s just asking for information, that might be interpreted as “coordination” with them, or some kind of material support for that organization. And there is no due process given before an organization is put on the list. It’s almost impossible to challenge. Oftentimes, placement on the terrorist list is a political decision.

So first you have the Supreme Court decision in June 2010, and then you have these raids a couple of months afterward. It makes you very suspicious that the current government is pushing the boundaries of the material support statute and reading it very broadly.

Organizations are going to be put in fear of any kind of opposition to U.S. foreign policy if there is a claim by the government that there is contact with organizations that are designated terrorists. Domestic American organizations that oppose U.S. foreign policy may well be chilled in their work.

COULD YOU say a little bit more about the way that the material support provision has been used since 9/11? There have been a number of really high-profile cases–particularly of Islamic charities, for example–where no violence was ever alleged to have occurred as a result of the so-called “material support,” so a lot of us on the left have seen this as a broader attempt to whip up support for the “war on terror.”

ONE OF the main uses of the material support statute, I think is to demonize organizations that the U.S. government doesn’t like. Had they had such a statue during the period of the African National Congress (ANC) opposition to the apartheid government in South Africa, they would have labeled that–and that’s how they thought of it in the U.S., under Reagan and before–as a terrorist organization. Any contacts with the ANC of any Americans opposed to apartheid would have been considered criminal.

There are two aspects to this. One is that the government can label, without any kind of hearing or way to challenge it, a foreign organization as a terrorist organization. The other is that any American contact with that organization or support for that organization is prohibited.

This is true even if that support is, as I said, by writings that are at all coordinated; by giving blankets to their hospital; by, according to the case we lost in Supreme Court, wanting to teach the [Kurdistan Workers Party] or the Tamil Tigers about the Geneva Conventions. Wanting to teach people peaceful means of resolving disputes, or wanting to get them to the negotiating table–when Jimmy Carter negotiates questions in the Middle East and he has contacts with Hamas or Hezbollah–those all are now prohibited.

So this statute is the favorite of prosecutors to go after people, because the smallest kind of contact with a designated terrorist organization can be considered material support. It’s an easy way to intimidate, wipe out and jail opponents of U.S. foreign policy, and an easy way to demonize organizations that many would call liberation organizations in other countries.

The provision has been used often. It is a favorite among prosecutors because you have to prove so little. So the Holy Land Foundation, which was the biggest Muslim charity in the United States, was accused of giving money to Hamas, but so indirectly that it’s hard to believe any of the facts in the case–it was giving it to groups that I think even the UN was giving to in Gaza. But somehow, they were supposed to believe or know that those groups were connected to Hamas, which has been put on the U.S. terrorist list.

The statute is used very broadly to say, “Muslims in this country and all their charities, what they’re doing is supporting terrorism.” When in fact, the vast majority of those charities–I obviously don’t know every one, but from what I know–gave aid to organizations they didn’t think were terrorist for starters, or on the list, and, secondly, they were giving humanitarian aid or doing things like teaching the Geneva Conventions.

I WANTED to go back to this recent Supreme Court case, Holder v. Humanitarian Law Project, that was argued for the Obama administration by former Solicitor General Elena Kagan–who is now, of course, sitting on the Supreme Court. What do you think that case signals about the court’s view of free speech issues and its efforts to broaden this statute?

THEY WERE pushing to broaden out this statute, of course. I was at the argument, and the solicitor general did make very broad arguments–broader than the case required for saying that certain kinds of what she called “material aid” should be criminally punished under the statute, or could be.

So, for example, let’s say an organization was designated as a terrorist organization, and it comes to you and says, “We were improperly designated, we want to try to challenge it.” I couldn’t do that, as a lawyer representing them. Elena Kagan said in the Supreme Court that such representation would be “materially aiding” a terrorist organizations.

So she took a very broad position in the court. The solicitor general does have some ability to say, “I’m not taking a position that’s broader than the case,” but she didn’t do that. The Supreme Court didn’t decide every question on this, but you’d be taking a real chance if you went and represented a designated terrorist organization that was on the list. So it doesn’t bode particularly well that Elena Kagan argued in that case that she was willing to go for a very broad reading of the statute.

The other issue had to do with the plaintiff we represented, the Humanitarian Law Project, which wanted to teach the Geneva Conventions or explain to a designated terrorist group how to use the UN as a peaceful means of achieving their goals. Kagan argued that such teaching was “conduct,” and not “speech”–and therefore wasn’t protected by the First Amendment.

We argued that it was speech, and the court did agree that it was speech. So even on that issue, the government was willing to say that teaching the Geneva Conventions was speech.

But then they said this was one of the rare cases where we’re going to outlaw speech, which is what they did.

I THINK a lot of people felt some real hope that with Barack Obama’s election, civil liberties would be safer, given his promise to close Guantánamo, and to try detainees in civilian courts. But he’s really fallen far short of almost all of these promises, hasn’t he?

I WOULD say it’s a disaster. It’s a continuation of the Bush policies, and in some cases, the deepening of those policies. So Guantánamo is still open. We still have arbitrary detention, or detention without trial, and we have a number of people at Guantánamo who will never go to trial.

In a recent case that came up in federal court, the court barred testimony that might have been the result of torture. The Obama administration tried to use it. But the government still uses military commissions to try people, and those commissions can still use evidence derived from torture.

The Obama administration still uses the “state secrets” defense to get cases dismissed. They just did it again in a case of ours, in which we’re suing Obama to stop the assassination by drone or otherwise of Imam (Anwar) al-Awlaki in Yemen. The government asserted the “state secrets” defense to that case. We don’t know what the court will decide.

But they have been pretty deferential to the Obama administration on the question of state secrets. We have not won a case. So on every issue–Guantánamo, preventive detention, state secrets, use of torture evidence, military commissions–there’s been an identical practice to that of the Bush administration. Some people would argue they’re surrounded with a few more procedural protections, or laws, but it’s the same policy.

And when it’s coming from a Democrat, it should be a particular lesson to people–that on these national security issues, there’s very, very little difference between the two administrations, Democratic or Republican. It’s also particularly bad, because if one had hopes that the Democrats were going to shift on these issues, it just demonstrates how deeply imbedded the erosion of civil liberties has become in the U.S. and the willingness to sacrifice civil liberties in the name of “national security” or “stopping terrorism.”

You would have trouble distinguishing the policies of Bush from Obama. Even on the issue of rendition, when you take a person from one country to another illegally, Obama has continued this. He claimed that he wouldn’t render people to countries where they would be tortured, but we haven’t seen that yet–the first person who was picked up to be rendered had the heck beaten out of them on the plane over here.

So even on rendition, they’re similar. One difference, you could say, is that there isn’t the open and notorious torture of people that there was under Bush–at least not that we know of.

I say that cautiously, because there are still some secret prisons out there–a section of Bagram that no one’s allowed into–so we don’t know everything that’s going on around the issue of torture. And there’s certainly been no accountability for the torture regime of the Bush administration. Many of those same people are still in the current administration.

I WAS reading a recent Rolling Stone interview with Obama, and he said that people need to vote for the Democrats in November if we want the kind of country that respects civil rights and civil liberties. It just seemed totally disconnected from the reality of what’s happened in the last two years under his administration.

IN EVERY case we’ve gone to court on regarding accountability, the Obama administration has stopped us.

We represent two people who allegedly committed suicide in Guantánamo. We have evidence now that they were murdered, and the Obama administration opposed our suit, and we lost. In another case, we went to court claiming that our Guantánamo lawyers at the Center were wiretapped without warrants. We just lost that case in the Supreme Court. They denied review. Again, the Obama administration opposed us.

The ACLU went to court to try and get at the rendition issue against a subsidiary of Boeing, which was involved in some of the flights. Again, the Obama administration opposed it.

I can name 20 cases where they’ve come into court, and they’ve made sure that there will not be exposure, much less liability, of the torture regime, and violations of fundamental Constitutional rights that occurred under Bush. And many of these violations are still occurring today. You don’t have an outcry about Guantánamo now, yet we have 40 some people there facing indefinite permanent detention without trial.

GIVEN WHAT you’re saying about these recent raids being about demonizing organizations the government doesn’t like, what kind of advice would you give to activists in this kind of climate?

I CERTAINLY think it’s not a time to cut back on actions, that’s for sure. If there is a need for action, it is now–whether it’s on the wars or civil liberties or immigration or otherwise. Otherwise, you’ll be basically conceding this territory to the government. So I don’t think one should pull back on major activity.

I do think one has to assume, in whatever you do, that most of what you do is wiretapped or surveilled, and there’s no doubt that the FBI guidelines are very broad on that. You have to assume that there’s an informant of some sort in a group, and that therefore what you say is going to be heard–whether by the government through surveillance or by someone in the group. And because of the breadth of the statute, you have to be extremely careful about your dealing with organizations on the [foreign terrorist] list.

When I say that, I mean your activities independent of those “terrorist” organizations are okay. So you shouldn’t pull back from that. So, for example, I can write an op-ed article tomorrow supporting the FARC in Colombia, but what I can’t do is have contact with the FARC in terms of saying that I need some help or something like that. Now, where it gets into real journalism is a harder issue.

I think organizations have to be extremely careful dealing with groups on the various terrorist lists that our government keeps. But you can do independent activities. Tomorrow, I can write an article saying “Hezbollah should be the legitimate rulers of Lebanon.” But I can’t contact Hezbollah and say, “Well I’m going to write this article, what do you think about this?” As soon as I do that, I cross a line.

I think organizations have to be extremely careful about contacts, if any, with designated terrorist organizations, and I wouldn’t recommend it. Not the way this government is acting right now and not with these decisions.

IN TERMS of the response to the FBI raids, I know there were several demonstrations in cities in the days following the raids, and when the first grand jury appearance was scheduled, even though all the activists refused to testify, people came out for that as well. Do you think that kind of public pressure is important?

I THINK those have been very helpful. I was really excited to see that there were 27 cities that had demonstrations around the raids and the grand jury appearances. And the fact that everybody decided to take the Fifth Amendment and not testify I think surprised the government. The government didn’t come back immediately and give certain people immunity, or maybe it realized they overreached a bit, and that it was a fishing expedition.

I think the demonstrations made a difference in that. That’s not saying that something more won’t happen, because you know they don’t do these things and then just walk away. But I think demonstrations did help, and protests really limit the scope that the government can act on in these kinds of raids. I think they are absolutely a crucial part of opposition.

I think that if there weren’t those protests, for all I know the government would have enforced those subpoenas right away and dragged those people right in to the grand jury. But now, maybe they’re rethinking it. They may still do it selectively–I don’t have any idea–but I certainly believe that making this into the civil liberties fight that it really is, is crucial.

October 20, 2010 Posted by | Civil Liberties, Progressive Hypocrite, Solidarity and Activism, Subjugation - Torture | Leave a comment

Palestinian Tour Guides Angered By Proposed Jerusalem Plan To Deny Them Permits

By Saed Bannoura – IMEMC News – October 20, 2010

Tourism in Israel and the Occupied Palestinian Territories is an extremely political issue. The narrative given by tour guides shapes the views of visitors to the area, and the Israeli narrative is far different from the Palestinian one. So when Israeli Knesset (Parliament) members propose a plan to ban Palestinian tour guides from Jerusalem, Palestinians say that what this means is the all-out negation of the Palestinian narrative of the history of the region.

In the last year, Israeli tour guides have slowly taken over the guidance of tours in the West Bank, which has always been the purview of Palestinian guides. Now, that takeover has extended to Jerusalem, thus ridding the tourism industry of the last of the tour guides who provide a different perspective from the Israeli one.

A group of Israeli Knesset members led by Gideon Ezra have called on the Israeli government to de-commission all Palestinians licensed to lead tours in Jerusalem, saying that they do not represent Israel’s interests in their tours and are “hostile to the state of Israel”. The bill, if passed, would prevent all Palestinian residents of Jerusalem from being tour guides, as it includes a clause that all tour guides would be required to be citizens of Israel.

The text of the bill reads in part, “Some of the residents of Israel, like those in East Jerusalem, often have ‘dual loyalty,’ since they vote in elections of the Palestinian Authority. These residents often present anti-Israeli positions to groups of tourists that they guide. To ensure foreign tourists are exposed to the national Israeli viewpoint, we suggest ruling that travel agencies, and any organization providing tours for foreign tourists, ensure that the groups are accompanied by a tour guide who is an Israeli citizen and has institutional loyalty to the State of Israel.”

The indigenous Palestinian population of the city are not considered to be citizens under Israeli law. They are “residents” and Israeli authorities issue them Jerusalem residency cards, which are often revoked if a Jerusalem resident is found to have left the city for any significant period of time.

The ‘Jerusalem residency’ laws are one of a number of methods used by the Israeli government to rid the city of its indigenous Palestinian inhabitants.

October 20, 2010 Posted by | Civil Liberties, Full Spectrum Dominance, Illegal Occupation | Leave a comment

France arrests over 1,000 protesters

Press TV – October 19, 2010

Since the start of the week, French police have arrested close to 1,200 demonstrators protesting the French government’s proposed pension reforms.

The government’s interior ministry said that a total of 1,158 protesters have been arrested, 163 of them on Tuesday morning, AFP reported.

Police in Lyon arrested 56 people on Tuesday, including nine youths who reportedly overturned cars and set one on fire.

The Guardian reported that four policeman and one protester suffered minor injuries during the incident, and that the worst clashes occurred in the Paris suburb of Nanterre.

The General Confederation of Labour Union (CGT), which is calling for another day of action on Wednesday, says at least 3.5 million people have participated in the national strikes on Tuesday, while government and police figures put the numbers at half a million, Reuters reported.

More than 2,600 petrol stations have been shut down nationwide, as more than 47 crude oil and oil product tankers were unable to discharge at the port of Marseille due to striking port workers, Bloomberg said.

President Sarkozy responded to the national unrest following a summit with Russian and German leaders, and said, “In a democracy, everyone can express themselves but you have to do so without violence or excesses.”

“I will hold a meeting as soon as I return to Paris to unblock a certain number of situations, because there are people who want to work and who must not be deprived of petrol,” said Sarkozy, who was speaking in Deauville at a summit with the leaders of Russia and Germany.

France has been hit by several coordinated strikes in the past two months in opposition to the proposed pension reforms that would increase the minimum retirement age from 60 to 62 and the full state pension age from 65 to 67.

Sarkozy has refused to back down from his pension reform bill, which is expected to pass through parliament by the end of the week.

October 19, 2010 Posted by | Civil Liberties, Economics, Solidarity and Activism | Leave a comment

Israeli Occupation Forces Arrest Palestinian MP

Journalist also detained

Ma’an – 18/10/2010

BETHLEHEM — Israeli forces detained a Hamas-affiliated member of the Palestinian Legislative Council on Monday from the southern West Bank district of Hebron.

Hatem Qafaish, elected to the Palestinian parliament in 2006 with Hamas’ Change and Reform bloc, was detained after Israeli forces ransacked his home, a local source told Ma’an. The PLC member was detained on 6 November 2007 and placed under administrative detention until his release in 2009.

Palestinian journalist Raed Ash-Sharif, working with a local Hebron radio station, was also detained.

According to the Ad-Dameer Prisoners’ Support and Human Rights organization, Qafaish had been detained by Israel five times previous to his latest detention. He was elected to the PLC in January 2006 after campaigning from his prison cell.

Qafaish was also among the more than 400 activists Israel deported to Marj Al-Zuhur in southern Lebanon in December 1992. After returning to the West Bank in 1993, he chronicled his experience in exile in a series of articles in the Al-Quds newspaper. He intended to eventually to publish a memoir, but the manuscript was confiscated by Israeli prison guards.

There are six Hamas-affiliated PLC members in Israeli, detained shortly after the Islamist movement’s electoral victory. Following the capture of Israeli soldier Gilad Shalit in June 2006 in a cross-border raid in Gaza, Israel launched a detention campaign targeting Hamas affiliated PLC members in a bid to secure the soldier’s release.

A second campaign was launched in 2009, after Israel, Hamas and a German mediator, failed to come to a prisoner swap deal under Ehud Olmert’s premiership. Many of those detained in the later campaign were handed down administrative detention sentences, according to a report issued in June, with others receiving prison terms. The majority were released shortly after.

Since the beginning of 2010, a number of Hamas PLC members were released, including Mohammad Abu Teir. Shortly after his release, Abu Teir was again detained, issued a revocation order for his Jerusalem residency rights, and handed down a deportation warrant. He is currently being remanded in custody until Israel’s Supreme Court hears his case.

Abu Teir is among three other elected Change and Reform parliamentarians who are faced with deportation from Jerusalem.

One lawyer told Ma’an that under all legal precedents, lawmakers are immune while sitting in office. Israel, the lawyer said, has violated this legal norm both by jailing Palestinian PLC members in the West Bank and passing laws within the Israeli Knesset removing Palestinian-Israeli members’ immunity under the pretense of spying for an enemy state.

Thirty-one detainees stood for the Palestinian general elections in January 2006, with 15 becoming members of the PLC.

October 18, 2010 Posted by | Civil Liberties, Illegal Occupation | Leave a comment

Israeli police look to settlers to fill ranks

First army, now police set for takeover

By Jonathan Cook | October 18, 2010

As US-sponsored peace talks have stalled over the issue of settlements, Israel’s national police force has revealed that it is turning to the very same illegal communities in its first-ever drive to recruit officers from among the settlers.

The special officer training course, which is chiefly aimed at discharged combat soldiers, includes seven months of religious studies in an extremist West Bank settlement.

The programme has provoked widespread concern among Israel’s 1.3 million Palestinian citizens, a fifth of the population.

“The police have already repeatedly demonstrated their hostility to Palestinian citizens, but this move proves that the authorities want to extend and deepen our oppression,” said Jafar Farah, the director of Mossawa, an advocacy centre for the Palestinian minority.

“Is it really credible that these religious extremists who have been educated to hate Palestinians in the West Bank are going to behave differently when they police our communities inside Israel?”

The first 35 cadets in the officer-training programme – known as “Believe in the police” – are to start their studies next month. More than 300 settlers are reported to have expressed an interest in the course so far.

The police command is said to have taken up the idea, originally proposed by right-wing groups, in the hope of reversing years of declining recruitment levels that have led to a national shortage of officers.

Cadets will study for three and a half years, mostly at Haifa University in Israel, at the end of which they will be awarded a degree and the rank of officer.

But their studies also include seven months in a religious seminary in a small extremist settlement, Elisha, deep in the West Bank. Although all the settlements are illegal under international law, Elisha is one of dozens of wildcat settlements also illegal under Israeli law.

Gershom Gorenberg, an expert on the religious settlers, said Israel’s “future police commanders” would graduate from the course after an early lesson in law-breaking.

Yonatan Chetboun, the head of the Raananim movement, a right-wing group overseeing the programme, described to Olam Katan, a newspaper popular with the religious community, one way the organizers might win over settlers to a career in the police.

He said taking potential recruits on night-time patrols of Ramle and Lod – Israeli towns notorious for containing deprived, crime-ridden Palestinian neighbourhoods – would quickly open their eyes to one of “the most meaningful national issues”.

The police spokesman was not available for comment.

A team of rabbis has been appointed to resolve potential conflicts between the settlers’ religious principles and their police duties, which could involve desecrating the sabbath and dealing with “immodest” women.

A right-wing settler activist, Hor Nizri, who has clashed with the police in the past over the evacuation of settlements, has been put in charge of recruiting young settlers.

He told the Yedioth Aharonoth newspaper that the programme was “a historic reconciliation”, adding: “We want to fill the ranks of the police as we fill the ranks of the army.”

His comments have sparked concern among Palestinian groups inside Israel that the programme is the first phase of an attempted settler “takeover” of the police, replicating their growing dominance of sections of the army.

The first official figures on the number of settlers in the Israeli military, released last month, show their massive over-representation in combat units. About a third of all officers in such units were settlers, up from only 2.5 per cent in 1990.

The police hope that a career in the force will be attractive to many of the settlers after they are discharged.

However, Mr Farah said there was plenty of evidence that religious settlers were becoming ever more extreme in their hostility towards Palestinians. He pointed to the growing influence of extremist rabbis in promoting anti-Palestinian views.

Over the summer, two prominent rabbis from the settlement of Yitzhar, near Nablus, were questioned on suspicion of incitement after publishing a book, The King’s Torah, in which they sanctioned the killing of non-Jews, including children. In one passage, the authors write: “There is justification for killing babies if it is clear that they will grow up to harm us.”

The book has been endorsed by a number of senior rabbis in the settlements.

Similar sentiments have been gaining a foothold among army rabbis.

Early last year, in the immediate wake of Israel’s three-week operation in Gaza, it was revealed that the army rabbinate had handed out a booklet to combat soldiers about to enter Gaza calling their attack “a war on murderers” and warning them against “surrendering a single millimetre” of territory.

Some 1,400 Palestinians were killed in the attack, including hundreds of women and children.

The Palestinian minority’s relations with the police are already marked by deep distrust, following the killing of 13 unarmed demonstrators and the wounding of hundreds more in 2000, at the start of the second intifada.

A subsequent state commission of inquiry accused the police command of viewing the minority as “an enemy”.

Mr Farah also pointed to the unexplained deaths of 36 Palestinian citizens by the police over the past decade. In only two cases have police officers been convicted.

Some Israeli observers have expressed concern that the settlers’ greater influence on the police could also make implementing the dismantlement of West Bank settlements much harder in any future peace deal.

Mr Gorenberg said previous evacuations, including the 2005 withdrawal from Gaza, had been handled chiefly by the police because so many army units were dominated by settlers. The police, he added, “could acquire the same weakness”.

A version of this article originally appeared in The National, published in Abu Dhabi.

October 18, 2010 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism | , , , | Leave a comment

New Hearing Set for Sami Al-Arian

By Stephen Lendman | The People’s Voice | October 16th, 2010

Though free on bail, Sami Al-Arian remains politically imprisoned like many hundreds of others behind bars. Because of his faith, ethnicity, prominence and political activism, he was accused of supporting “terrorism” and other outrageous charges.

In fact, he’s a Palestinian refugee, a distinguished professor, scholar, community leader, and civil activist, a man deserving honor, not incarceration doing hard time until released after five and half years of brutal treatment, including solitary confinement in rat and roach-infested cells.

He was denied religious services, got no watch or clock, and was kept in windowless cells with artificial lights kept on round the clock. Whenever outside his cell, he was also shackled hands behind back and ankles. In protest, he staged hunger strikes, long enough to endanger is life.

A Brief Timeline of His Case

FBI investigations hounded him for 11 years, spending millions of dollars for half a million phone wiretaps, searches and other forms of harassment.

Events came to a head at 5AM on February 20, 2003 when FBI agents and Joint Terrorism Task Force (JTTF) officers stormed his home guns drawn. They arrested him and three others separately on spurious charges of supporting terrorism, conspiracy to commit murder, racketeering, giving material support to an outlawed group, extortion, perjury, and other offenses proved bogus in court.

On February 27, University of South Florida president Judy Genshaft fired him, acting as a Bush administration stooge.

At his four day March bail hearing, prosecutors provided no evidence, witnesses, or any reason to hold him. Nonetheless, he and co-defendant Sameeh Hammoudeh were denied bail.

On March 27, he was incarcerated at maximum security federal penitentiary, Coleman, FL after initially held in jail. Later he was transferred repeatedly to other federal prisons.

In June 2005, his trial began. It was a witch-hunt travesty with phony evidence, the kind prosecutors use when they have none. Despite spending around $50 million for years of investigations and six months of trial, jurors exonerated him on eight serious charges, remaining deadlocked 10 – 2 for acquittal on nine lesser ones.

On March 2, 2006, fearing retrial, he agreed to plead guilty to one minor charge, be freed, then reunited with his family and deported. But it didn’t end there.

Assistant prosecutor Gordon Kromberg ordered him before a grand jury, violating terms of his plea bargain. Fearing entrapment, he refused, was held in contempt, again imprisoned, and sentenced to 18 months without mitigation – a clear effort to keep hounding and imprison him.

At the time, his attorney, Professor Jonathan Turley, called the Justice Department’s ploy “a classic perjury trap used repeatedly by the government to punish those individuals who could not be convicted before an American jury.”

Al-Arian appealed and remained imprisoned until released on bail on September 2, 2008 under house arrest, pending trial for criminal contempt. For the first time in over five years, he was reunited with his family, but his ordeal continues.

On October 29, 2010, a new hearing will be held before federal Judge Leonie Brinkema of the Eastern District of Virginia to decide whether criminal contempt charges will be pursued or dropped.

Under Obama, prosecutors are as ruthlessly corrupted as their predecessors, using every trick in the book to convict, whether guilty or innocent, and when trials are politically motivated, intensifying pressure even more. The Justice Department thus filed a motion to deny a defense motion, filed 18 months earlier to dismiss criminal contempt charges. Three previous DOJ motions were rejected. This time, Holder prosecutors not only requested denying the defense’s dismissal request, but asked Judge Brinkema to reverse her earlier decision letting Al-Arian’s attorneys present evidence in case of trial.

In March 2009, she backed the defense’s request to file a motion to dismiss Al-Arian’s charges, saying she’d rule later at further hearings, and expressing concern over government “bait and switch” tactics:

“where Dr. Al-Arian and his counsel were assured that, if he agreed to plead guilty (to one minor charge), he would not be subject to any further involvement with the Justice Department beyond his deportation following the completion of his sentence.”

Bush prosecutors reneged on the agreement.

Like earlier departments under Ashcroft, Gonzales, and Mukasey, Holder shows equal contempt for the law and judicial fairness, presenting a challenge for the most competent defense lawyers. Al-Arian, however, is well represented, his team led by Professor Jonathan Turley, a recognized legal scholar who’s written extensively on constitutional and tort law as well as legal theory and other topics. With him are attorneys William E. Olsen and Philip J. Meitl.

On October 29, at 8:30AM, Al-Arian’s hearing will be held at the

Albert V. Bryan US Courthouse

401 Courthouse Square

Alexandria, VA 22314

The freesamialarian site calls it his “most important” one so far, more than others up to now. His freedom and future depend on the outcome.

Some Final Comments

In July 2003, Amnesty International (AI) wrote US prosecutors, “calling for a review of the pre-trial detention conditions of Dr. Sami Al-Arian, aspects of which it said appeared to be ‘gratuitously punitive,’ ” and a breach of international standards.

In December 2005, AI sought fair procedures to resolve his case after jurors acquitted him of terrorist and other serious charges. AI noted his harsh solitary confinement, calling it “unnecessarily punitive.”

In August 2008, Howard Zinn said:

“I thought that (Al-Arian’s case) was an outrageous violation of human rights, both from a constitutional point of view and as a simple test of justice.”

His former appeals attorney, Professor Peter Erlinder and former National Lawyers Guild president said:

“The prosecution of Dr. Sami Al-Arian was a blatant attempt to silence political speech and dissent in the aftermath of the 9/11 tragedy. The nature of the political persecution of this case has been demonstrated throughout all its aspects, not only during the trial and the never-ending right-wing media onslaught, but also after the stunning defeat of the government in 2005, and its ill-advised abuse of the grand jury system thereafter.”

Throughout his ordeal, many other individuals and organizations expressed support, demanding justice and an end to prosecutorial ruthlessness, false imprisonment, and contempt for the rule of law.

In 2007, Norwegian filmmakers produced a documentary titled, USA v. Al-Arian. An updated 2009 version is now available. Access the following link to order:

http://www.amazon.com/shops/kudosfamily

Al-Arian was targeted for his ethnicity, prominence, activism, and for being Muslim at the wrong time in America. Washington’s police state harshness makes everyone just as vulnerable.

Earlier articles explaining Al-Arian’s ordeal, a man Bush administration prosecutors hounded, persecuted and imprisoned on bogus charges, can be accessed through the following links:

sjlendman.blogspot.com/-ordeal/04

sjlendman.blogspot.com/-ordeal/03

http://sjlendman.blogspot.com/-exoneration

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net

October 17, 2010 Posted by | Civil Liberties, Solidarity and Activism | Leave a comment

Israel’s tail is wagging Harper government’s dog

By Khaled Mouammar | October 15, 2010

The Harper government’s failure to get Canada elected to the Security Council was a diplomatic fiasco that brought Canada humiliation and shame on the world stage.

As usual the Harperites reacted by blaming everyone else for their misguided and failed policies. So far the list includes Michael Ignatieff, the Europeans, Brazil, Venezuela, Cuba, Arab countries, Muslim countries and the Canadian Arab Federation (CAF).

Sensing that Canadians did not buy these hysterical accusations, Prime Minister Harper decided to switch gear and now says with tongue in cheek that his foreign policy is “based on the promotion of our values — freedom, democracy, human rights and the rule of law, justice, development, humanitarian assistance for those who need it,” and is not based on popularity.

This is the same government that domestically has eroded the protection of free speech and has weakened, marginalized and silenced Canadian democratic institutions and civil society organizations by cutting funding to numerous organizations that disagree with the Government’s positions; barring British MP George Galloway last year from entering Canada; continually violating the human rights of Omar Khadr a Canadian child; and undermining the Rights and Democracy agency.

On the international scene the Harper government has undermined international law, international humanitarian law, and human rights and environmental principles by refusing to sign the Declaration on the Rights of Indigenous Peoples; reducing its foreign aid to Africa; cutting its contribution to the United Nations Relief and Works Agency (UNRWA) that assists 4.5 million Palestinian refugees who were dispossessed with the creation of Israel in 1948; supporting Israel’s invasion of Lebanon in 2006; justifying Israel’s ghastly assault on Gaza and the deadly Israeli raid on the humanitarian flotilla to Gaza; and refusing to endorse the Kyoto climate change accord.

Shamefully, Mr Harper repeatedly declares that ‘Canada and Israel share the same values” when Israel has been found by various UN and international bodies and inquiries of violating the Geneva Convention by transferring 500 thousand Jewish colonists into occupied East Jerusalem and the West Bank and erecting a Separation Wall inside that territory; of committing war crimes and crimes against humanity in occupied Gaza; of violating international law when it raided the Gaza-bound humanitarian flotilla in international waters; and of torturing prisoners.

Most troubling, Mr Harper has blindly aligned Canada with a country that defines itself as a “Jewish state” and whose citizenship, immigration and land ownership laws discriminate against its Muslim and Christian citizens who make up 25 percent of the population. One wonders if he will next define Canada as a “white, Christian state.”

“Many Canadians believe that the Harper government appears far more concerned with protecting Israel’s interest than enhancing the traditional good reputation of Canada in the world, and seems ready and willing to bring disrepute and isolation to Canada for the sake of such a pariah state,” said Khaled Mouammar, CAF National President.

Toronto Star columnist James Travers best summarizes how the Harper government has betrayed Canadian values and tarnished Canada’s reputation when he states that “The confluence of domestic politics, Christian fundamentalism and foreign policy is now so strong that Israel’s tail is wagging Canada’s dog.”

October 16, 2010 Posted by | Civil Liberties, Wars for Israel | Leave a comment

The IDF kills 1 Palestinian civilian every 2 days, on average, with impunity

By Philip Weiss on October 15, 2010

Every other day, the IDF kills a Palestinian civilian with impunity in the occupied territories. And the Israelis have treated these killings as “combat action,” reports B’Tselem in a report on Israeli military killings in the occupied territories, 2006-2009, not including the Gaza war.

From 2006 to 2009, the IDF killed 1,510 Palestinians, not including Palestinians killed in Operation Cast Lead. Of these 1,510 deaths, 617 were of persons who were not taking part in hostilities.

Regarding these 617 fatalities, BʹTselem demanded an MPIU [Military Police Investigation Unit] investigation into the deaths of 288 of them, who were killed in 148 incidents. Ninety‐five of these incidents occurred in the Gaza Strip, accounting for 230 of the deaths. The other 53 incidents took place in the West Bank and resulted in the killing of 58 Palestinians. One hundred and four of the fatalities were minors under age 18, 23 were persons 50 and above, and 52 were women. One hundred of the Palestinians whose deaths B’Tselem demanded to investigate were killed in 2006, 86 in 2007, 93 in 2008, and 9 in 2009.

Stephen Lendman‘s comment:

Most are witnessed by bystanders whose testimonies are crucial to achieve justice. Yet Israel won’t use them, clearly hiding the truth and obstructing justice.

Further, since September 2000, B’Tselem received no response from the Judge Advocate General’s Office for ” the vast majority” of cases warranting investigation, civilians killed in cold blood, responsible soldiers unpunished.

More from the B’Tselem release:

From the beginning of the first intifada, in December 1987, to the outbreak of the second intifada, in September 2000, the Military Police Investigation Unit (MPIU) investigated almost every case in which Palestinians not taking part in hostilities were killed. At the beginning of the second intifada, the Judge Advocate General’s Office announced that it was defining the situation in the Occupied Territories an “armed conflict,” and that investigations would be opened only in exceptional cases, in which there was a suspicion that a criminal offense had been committed..

B’Tselem protests the sweeping classification of the situation in the Occupied Territories as an “armed conflict,” which effectively grants immunity to soldiers and officers, with the result that soldiers who kill Palestinians not taking part in hostilities are almost never held accountable for their misdeeds. By acting in this way, the army fails to meet its obligation to take all feasible measures to reduce injury to civilians, allows soldiers and officers to violate the law, encourages a trigger-happy attitude, and shows gross disregard for human life.

October 15, 2010 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | Leave a comment