National Archives Accused of Illegally Classifying Details of CIA Torture Program
By Steve Straehley | AllGov | September 28, 2015
Details of the Central Intelligence Agency’s (CIA) torture program have been unlawfully kept from public view, according to a complaint filed with the National Archives.
OpenTheGovernment.org listed in a complaint (pdf) five areas of concern that have been classified or redacted from the version of the Senate’s torture report executive summary, released in December 2014.
“Secrecy regarding ‘black sites’ and torture has played a major role in ensuring that no CIA personnel could be prosecuted for torture, war crimes, destruction of evidence, or other relevant federal crimes. It has ensured that civil courts were closed to victims of torture, indefinitely delayed trials of the accused perpetrators of the September 11 attacks, and put the United States in breach of its obligations under the Convention Against Torture,” according to the complaint, signed by OpenTheGovernment national security fellow Katherine Hawkins.
The five areas of concern are:
–The pseudonyms and titles, and in some cases the names, of CIA officials and contractors implicated in the torture program. Some of those redacted names included those of lawyers involved in crafting the agency’s torture policy.
–The names of countries that hosted torture sites, even though some of those countries’ governments have acknowledged this and even paid compensation to those tortured.
–Detainees’ description of their own torture. Details about torture sites, dates of transfer between prisons and descriptions of those inflicting the torture have been kept secret.
–Details of the CIA’s torturing of detainees in Iraq. Information about this torture, including the death of a detainee, has been reported by the news media.
–The seizure and transfer of detainees to foreign countries to facilitate torture. Syria, Libya, Egypt, and Jordan were among the places that hosted torture facilities.
“The Executive Order on national security classification formally forbids agencies from classifying information, or failing to declassify information, in order to ‘conceal violations of law,’ ‘prevent embarrassment,’ or ‘prevent or delay the release of information that does not require protection.’ It also forbids classification of any information unless ‘the information is owned by, produced by or for, or is under the control of the United States government,’” Hawkins wrote.
To Learn More:
OpenTheGovernment.org Challenges Ongoing Classification of the CIA Torture Program (OpenTheGovernment.org)
Wrongful Classification of Information Regarding CIA torture, in Violation of Executive Order 13526 (Katherine Hawkins, OpenTheGovernment.org) (pdf)
CIA Refuses for Fifth Time to Help Poland’s Investigation of Torture Carried Out by…CIA (by Noel Brinkerhoff and Steve Straehley, AllGov )
New Republican Senate Intelligence Chairman Wants to Bury CIA Torture Reports (by Noel Brinkerhoff and Steve Straehley, AllGov )
On the Trail of Turkey’s Terrorist Grey Wolves
By Martin A. Lee | Consortium News | 1997
In broad daylight on May 2, 1997, 50 armed men set upon a television station in Istanbul with gunfire. The attackers unleashed a fusillade of bullets and shouted slogans supporting Turkey’s Deputy Prime Minister Tansu Ciller. The gunmen were outraged over the station’s broadcast of a TV report critical of Ciller, a close U.S. ally who had come under criticism for stonewalling investigations into collusion between state security forces and Turkish criminal elements.
Miraculously, no one was injured in the attack, but the headquarters of Independent Flash TV were left pock-marked with bullet-holes and smashed windows. The gunfire also sent an unmistakable message to Turkish journalists and legislators: don’t challenge Ciller and other high-level Turkish officials when they cover up state secrets.
Former Turkish Prime Minister Tansu Ciller
For several months, Turkey had been awash in dramatic disclosures connecting high Turkish officials to the right-wing Grey Wolves, the terrorist band which has preyed on the region for years. In 1981, a terrorist from the Grey Wolves attempted to assassinate Pope John Paul II in Vatican City.
But at the center of the mushrooming Turkish scandal is whether Turkey, a strategically placed NATO country, allowed mafiosi and right-wing extremists to operate death squads and to smuggle drugs with impunity. A Turkish parliamentary commission is investigating these new charges.
The rupture of state secrets in Turkey also could release clues to other major Cold War mysteries. Besides the attempted papal assassination, the Turkish disclosures could shed light on the collapse of the Vatican bank in 1982 and the operation of a clandestine pipeline that pumped sophisticated military hardware into the Middle East — apparently from NATO stockpiles in Europe — in exchange for heroin sold by the Mafia in the United States.
The official Turkish inquiry was triggered by what could have been the opening scene of a spy novel: a dramatic car crash on a remote highway near the village of Susurluk, 100 miles southwest of Istanbul. On Nov. 3, 1996, three people were crushed to death when their speeding black Mercedes hit a tractor.
The crash killed Husseyin Kocadag, a top police official who commanded Turkish counter-insurgency units. But it was Kocadag’s company that stunned the nation. The two other dead were Abdullah Catli, a convicted fugitive who was wanted for drug trafficking and murder, and Catli’s girlfriend, Gonca Us, a Turkish beauty queen turned mafia hit-woman.
A fourth occupant, who survived the crash, was Kurdish warlord Sedat Bucak, whose militia had been armed and financed by the Turkish government to fight Kurdish separatists. At first, Turkish officials claimed that the police were transporting two captured criminals.
But evidence seized at the crash site indicated that Abdullah Catli, the fugitive gangster, had been given special diplomatic credentials by Turkish authorities. Catli was carrying a government-approved weapons permit and six ID cards, each with a different name. Catli also possessed several handguns, silencers and a cache of narcotics, not the picture of a subdued criminal.
When it became obvious that Catli was a police collaborator, not a captive, the Turkish Interior Minister resigned. Several high-ranking law enforcement officers, including Istanbul’s police chief, were suspended. But the red-hot scandal soon threatened to jump that bureaucratic firebreak and endanger the careers of other senior government officials.
Grey Wolves Terror
The news of Catli’s secret police ties were all the more scandalous given his well-known role as a key leader of the Grey Wolves, a neo-fascist terrorist group that has stalked Turkey since the late 1960s.
A young tough who wore black leather pants and looked like Turkey’s answer to Elvis Presley, Catli graduated from street gang violence to become a brutal enforcer for the Grey Wolves. He rose quickly within their ranks, emerging as second-in-command in 1978. That year, Turkish police linked him to the murder of seven trade-union activists and Catli went underground.
Three years later, the Grey Wolves gained international notoriety when Mehmet Ali Agca, one of Catli’s closest collaborators, shot and nearly killed Pope John Paul II in St. Peter’s Square on May 13, 1981. Catli was the leader of a fugitive terrorist cell that included Agca and a handful of other Turkish neo-fascists.
Testifying in September 1985 as a witness at the trial of three Bulgarians and four Turks charged with complicity in the papal shooting in Rome, Catli (who was not a defendant) disclosed that he gave Agca the pistol that wounded the pontiff. Catli had previously helped Agca escape from a Turkish jail, where Agca was serving time for killing a national newspaper editor.
In addition to harboring Agca, Catli supplied him with fake IDs and directed Agca’s movements in West Germany, Switzerland, and Austria for several months prior to the papal attack. Catli enjoyed close links to Turkish drug mafiosi, too. His Grey Wolves henchmen worked as couriers for the Turkish mob boss Abuzer Ugurlu.
At Ugurlu’s behest, Catli’s thugs criss-crossed the infamous smugglers’ route passing through Bulgaria. Those routes were the ones favored by smugglers who reportedly carried NATO military equipment to the Middle East and returned with loads of heroin. Judge Carlo Palermo, an Italian magistrate based in Trento, discovered these smuggling operations while investigating arms-and-drug trafficking from Eastern Europe to Sicily.
Palermo disclosed that large quantities of sophisticated NATO weaponry — including machine guns, Leopard tanks and U.S.-built Cobra assault helicopters — were smuggled from Western Europe to countries in the Middle East during the 1970s and early 1980s. According to Palermo’s investigation, the weapon delivers were often made in exchange for consignments of heroin that filtered back, courtesy of the Grey Wolves and other smugglers, through Bulgaria to northern Italy.
There, the drugs were received by Mafia middlemen and transported to North America. Turkish morphine base supplied much of the Sicilian-run “Pizza connection,” which flooded the U.S. and Europe with high-grade heroin for several years.
[While it is still not clear how the NATO supplies entered the pipeline, other investigations have provided some clues. Witnesses in the October Surprise inquiry into an alleged Republican-Iranian hostage deal in 1980 claimed that they were allowed to select weapons from NATO stockpiles in Europe for shipment to Iran. [Iranian arms dealer Houshang Lavi claimed that he selected spare parts for Hawk anti-aircraft batteries from NATO bases along the Belgian-German border. Another witness, American arms broker William Herrmann, corroborated Lavi’s account of NATO supplies going to Iran. [Even former NATO commander Alexander Haig confirmed that NATO supplies could have gone to Iran in the early 1980s while he was secretary of state. “It wouldn’t be preposterous if a nation, Germany, for example, decided to let some of their NATO stockpiles be diverted to Iran,” Haig said in an interview. For more details, see Robert Parry’s Trick or Treason. ]A Vatican Mystery
Italian magistrates described the network they had uncovered as the “world’s biggest illegal arms trafficking organization.” They linked it to Middle Eastern drug empires and to prestigious banking circles in Italy and Europe.
At the center of this operation, it appeared, was an obscure import-export firm in Milan called Stibam International Transport. The head of Stibam, a Syrian businessman named Henri Arsan, also functioned as an informant for the U.S. Drug Enforcement Administration, according to several Italian news outlets.
With satellite offices in New York, London, Zurich, and Sofia, Bulgaria, Stibam officials recycled their profits through Banco Ambrosiano, Italy’s largest private bank which had close ties to the Vatican until its sensational collapse in 1982. The collapse of Banco Ambrosiano came on the heels of the still unsolved death of its furtive president, Roberto Calvi, whose body was found hanging underneath Blackfriar’s Bridge in London in June 1982.
While running Ambrosiano, Calvi, nicknamed “God’s banker,” served as advisor to the Vatican’s extensive fiscal portfolio. At the same time in the mid- and late 1970s, Calvi’s bank handled most of Stibam’s foreign currency transactions and owned the building that housed Stibam’s Milanese headquarters.
In effect, the Vatican Bank — by virtue of its interlocking relationship with Banco Ambrosiano — was fronting for a gigantic contraband operation that specialized in guns and heroin. The bristling contraband operation that traversed Bulgaria was a magnet for secret service agents on both sides of the Cold War divide.
Crucial, in this regard, was the role of Kintex, a Sofia-based, state-controlled import-export firm that worked in tandem with Stibam and figured prominently in the arms trade. Kintex was riddled with Bulgarian and Soviet spies — a fact which encouraged speculation that the KGB and its Bulgarian proxies were behind the plot against the pope.
But Western intelligence also had its hooks into the Bulgarian smuggling scene, as evidenced by the CIA’s use of Kintex to channel weapons to the Nicaraguan Contra rebels in the early 1980s. The Reagan administration jumped on the papal assassination attempt as a propaganda opportunity, rather than helping to unravel the larger mystery.
Although the CIA’s link to the arms-for-drugs traffic in Bulgaria was widely known in espionage circles, hard-line U.S. and Western European officials promoted instead a bogus conspiracy theory that blamed the papal shooting on a communist plot.
The so-called “Bulgarian connection” became one of the more effective disinformation schemes hatched during the Reagan era. It reinforced the notion of the Soviet Union as an evil empire. But the apparent hoax also diverted attention from extensive — and potentially embarrassing — ties between U.S. intelligence and the Turkey’s narco-trafficking ultra-right.
Fabrication of the conspiracy theory might have even involved suborning perjury. During his September 1985 court testimony in Rome, Catli asserted that he had been approached by the West German BND spy organization, which allegedly promised him a large sum of money if he implicated the Bulgarian secret service and the KGB in the attempt on the pope’s life.
Five years later, ex-CIA analyst Melvin A. Goodman disclosed that his colleagues, under pressure from CIA higher-ups, skewed their reports to try to lend credence to the contention that the Soviets were involved. “The CIA had no evidence linking the KGB to the plot,” Goodman told the Senate Intelligence Committee.
Friends of the Wolves
Duane “Dewey” Clarridge, the CIA station chief in Rome at the time of the papal shooting, had previously been posted in Ankara. Clarridge was the CIA’s man-on-the-spot in Turkey in the 1970s when armed bands of Grey Wolves unleashed a wave of bomb attacks and shootings that killed thousands of people, including public officials, journalists, students, lawyers, labor organizers, social democrats, left-wing activists and ethnic Kurds. [In his 1997 memoirs, A Spy for All Seasons, Clarridge makes no reference to the Turkish unrest or to the pope shooting.]
During those violent 1970s, the Grey Wolves operated with the encouragement and protection of the Counter-Guerrilla Organization, a section of the Turkish Army’s Special Warfare Department. Headquartered in the U.S. Military Aid Mission building in Ankara, the Special Warfare Department received funds and training from U.S. advisors to create “stay behind” squads comprised of civilian irregulars.
They were supposed to go underground and engage in acts of sabotage if the Soviets invaded. Similar Cold War paramilitary units were established in every NATO member state, covering all non-Communist Europe like a spider web that would entangle Soviet invaders. But instead of preparing for foreign enemies, U.S.-sponsored stay-behind operatives in Turkey and several European countries used their skills to attack domestic opponents and foment violent disorders.
Some of those attacks were intended to spark right-wing military coups. In the late 1970s, former military prosecutor and Turkish Supreme Court Justice Emin Deger documented collaboration between the Grey Wolves and the government’s counter-guerrilla forces as well as the close ties of the latter to the CIA.
Turkey’s Counter-Guerrilla Organization handed out weapons to the Grey Wolves and other right-wing terrorist groups. These shadowy operations mainly engaged in the surveillance, persecution and torture of Turkish leftists, according to retired army commander Talat Turhan, the author of three books on counter-guerrilla activities in Turkey.
But the extremists launched one wave of political violence which provoked a 1980 coup by state security forces that deposed Prime Minister Bulent Ecevit. The Turkish security forces cited the need to restore order which had been shattered by rightist terrorist groups secretly sponsored by those same state security forces.
Cold War Roots
Since the earliest days of the Cold War, Turkey’s strategic importance derived from its geographic position as the West’s easternmost bulwark against Soviet communism. In an effort to weaken the Soviet state, the CIA also used pan-Turkish militants to incite anti-Soviet passions among Muslim Turkish minorities inside the Soviet Union, a strategy that strengthened ties between U.S. intelligence and Turkey’s ultra-nationalists.
Though many of Turkish ultra-nationalists were anti-Western as well as anti-Soviet, the Cold War realpolitik compelled them to support a discrete alliance with NATO and U.S. intelligence. Among the Turkish extremists collaborating in this anti-Soviet strategy were the National Action Party and its paramilitary youth group, the Grey Wolves.
Led by Colonel Alpaslan Turkes, the National Action Party espoused a fanatical pan-Turkish ideology that called for reclaiming large sections of the Soviet Union under the flag of a reborn Turkish empire. Turkes and his revanchist cohorts had been enthusiastic supporters of Hitler during World War II.
“The Turkish race above all others” was their Nazi-like credo. In a similar vein, Grey Wolf literature warned of a vast Jewish-Masonic-Communist conspiracy and its newspapers carried ads for Turkish translations of Nazi texts.
The pan-Turkish dream and its anti-Soviet component also fueled ties between the Grey Wolves and the Anti-Bolshevik Bloc of Nations (ABN), a CIA-backed coalition led by erstwhile fascist collaborators from East Europe.
Ruzi Nazar, a leading figure in the Munich-based ABN, had a long-standing relationship with the CIA and the Turkish ultra-nationalists. In the 1950s and 1960s, Nazar was employed by Radio Free Europe, a CIA-founded propaganda effort.
When the Soviet Union collapsed in 1991, the shifting geopolitical terrain created new opportunities — political and financial — for Colonel Turkes and his pan-Turkish crusaders. After serving a truncated prison term in the 1980s for his role in masterminding the political violence that convulsed Turkey, Turkes and several of his pan-Turkish colleagues were permitted to resume their political activities.
In 1992, the colonel visited his long lost Turkish brothers in newly independent Azerbaijan and received a hero’s welcome. In Baku, Turkes endorsed the candidacy of Grey Wolf sympathizer Abulfex Elcibey, who was subsequently elected president of Azerbaijan and appointed a close Grey Wolf ally as his Interior Minister.
The Gang Returns
By this time, Abdullah Catli was also back in circulation after several years of incarceration in France and Switzerland for heroin trafficking. In 1990, he escaped from a Swiss jail cell and rejoined the neo-fascist underground in Turkey.
Despite his documented links to the papal shooting and other terrorist attacks, Catli was pressed into service as a death squad organizer for the Turkish government’s dirty war against the Kurds who have long struggled for independence inside both Turkey and Iraq.
Turkish Army spokesmen acknowledged that the Counter-Guerrilla Organization (renamed the Special Forces Command in 1992) was involved in the escalating anti-Kurdish campaign. Turkey got a wink and a nod from Washington as a quid pro quo for cooperating with the United States during the Gulf War.
Turkish jets bombed Kurdish bases inside Iraqi territory. Meanwhile, on the ground, anti-Kurdish death squads were assassinating more than 1,000 non-combatants in southeastern Turkey. Hundreds of other Kurds “disappeared” while in police custody. Human Rights Watch, Amnesty International and the European Parliament all condemned the Turkish security forces for these abuses.
Still, there was no hard evidence that Turkey’s security forces had recruited criminal elements as foot soldiers. That evidence surfaced only on Nov. 3, 1996, when Catli died in the fateful auto accident near Susurluk.
Strewn amidst the roadside wreckage was proof of what many journalists and human rights activists had long suspected — that successive Turkish governments had protected narco-traffickers, sheltered terrorists and sponsored gangs of killers to suppress Turkish dissidents and Kurdish rebels.
Colonel Turkes confirmed that Catli had performed clandestine duties for Turkey’s police and military. “On the basis of my state experience, I admit that Catli has been used by the state,” said Turkes. Catli had been cooperating “in the framework of a secret service working for the good of the state,” Turkes insisted.
U.S.-backed Turkish officials, including Tansu Ciller, Prime Minister from 1993-1996, also defended Catli after the car crash. “I don’t know whether he is guilty or not,” Ciller stated, “but we will always respectfully remember those who fire bullets or suffer wounds in the name of this country, this nation and this state.”
Eighty members of the Turkish parliament urged the federal prosecutor to file charges of criminal misconduct against Ciller, who was serving as Turkey’s Foreign Minister, as well as Deputy Prime Minister. They asserted that the Susurluk incident provided Turkey “with a historic opportunity to expose unsolved murders and the drugs and arms smuggling that have been going on in our country for years.”
The scandal momentarily reinvigorated the Turkish press, which unearthed revelations about criminals and police officials involved in the heroin trade. But journalists also were victims of death squads in those years. The violent attack on Independent Flash TV was a reminder. Prosecutors have faced pressure, too, from superiors who are not eager to delve into state secrets. [Ultimately, the corruption case against Ciller was covered up.]
Across the Atlantic in Washington, the U.S. government did not acknowledge any responsibility for the Turkish Frankenstein that U.S. Cold War strategy helped to create. When asked about the Susurluk affair, a State Department spokesperson said it was “an internal Turkish matter.” He declined further comment.
Petraeus recipe for battling ISIS: US-protected rebel enclaves in Syria, surge in Iraq
RT | September 22, 2015
To achieve victory in the Middle East, the US needs to establish and protect rebel enclaves in Syria, and launch another “surge” in Iraq, former CIA director and retired US Army general David Petraeus told a Senate panel.
This was the first public appearance for the retired general and former spymaster, following his April sentencing for revealing classified information to his mistress.
Describing Syria as a “geopolitical Chernobyl… spewing instability” all over the Middle East, Petraeus urged the Senate Armed Services Committee (SASC) to endorse a policy that would “stop the Syrian air force from flying” and establish safe areas where civilians and anti-government rebels could be protected by US airpower and advisers. Meanwhile, all the elements of the surge were once again required in Iraq, but this time around the Iraqis would have to provide the ground troops, he said.
Petraeus echoed the official position of the State Department that Syrian president Bashar al-Assad was to blame for the rise of Islamic State (IS, also known as ISIS or ISIL), blaming the government’s “barrel bombs” rather than IS for most of the civilian deaths in Syria. The general pushed for the creation of US-backed protected areas where civilians and militia opposed to the government could shelter under the coalition air umbrella. Eventually, he said, US advisers could be deployed there as boots on the ground.
“This is a very complicated military activity, but it is doable,” Petraeus told lawmakers.
Petraeus resigned as director of the CIA in November 2012, following the revelations that he had shared classified information with his biographer – and lover – Paula Broadwell. As part of a plea bargain with the government, he was sentenced to two years’ probation and a $100,000 fine.
The ex-general began his testimony with an apology, calling what he did a “serious mistake” and a “violation of the trust placed in me.” The panel, chaired by Arizona Republican John McCain, repeatedly thanked Petraeus for his military service and commended him on the apology.
Without bringing up the Broadwell scandal at all, McCain praised Petraeus as a “distinguished” leader and argued his 2007 testimony was critical to securing Senate support for the ‘surge’ strategy that “defeated al-Qaeda in Iraq, brought security to the Iraqi people, and created the possibility for meaningful political reconciliation.”
Both Republicans and Democrats on the panel were eager to hear Petraeus’s prescriptions for salvaging the US war effort against Islamic State. A yearlong air campaign by the 60-nation coalition, at the cost of $4 billion, has not dislodged the self-proclaimed Caliphate, while the handful of US-trained Syrian fighters were ambushed and scattered by Al-Nusra Front, an Al-Qaeda affiliate.
Petraeus argued that the “train and equip” program was impossible to abandon, since the US strategy in the region absolutely depended on having a Sunni Arab fighting force. Asked whether there was anyone inside Syria actually available to train, he said that many moderate rebels “drifted” to Islamist groups like Al-Nusra, because they had resources and were fighting against the Assad government. Peeling off these low-ranking members could work, he said, just as it did in Iraq.
Arguing that working with the government in Damascus would damage US credibility among the Sunnis, Petraeus called for lawmakers to resist the Russian effort to “force” the US into an alliance with president Bashar al-Assad. If Russia really wanted to fight ISIS, it could have joined the US-led coalition and asked to be integrated into the air war, Petraeus said.
Russian president Vladimir Putin recently proposed a coordinated international effort against IS, but rebuffed speculation that Russian forces would engage in combat operations in Syria.
“We are providing Syria with quite strong support in terms of equipment, training of military servicemen and weapons,” Putin said. “We are considering various options, but so far what you are talking about is not on the agenda.”
Petraeus did caution against the rush to overthrow Assad, noting that Syria “could actually get worse” if there was no plan for the aftermath.
During Petraeus’s testimony before the SASC, it was reported that retired Marine General John Allen, head of the anti-IS coalition, would be stepping down in November. Sources within the Obama administration told Bloomberg that Allen made the decision out of concern for his wife’s poor health.
Film Review: Olvidados
By José Raúl Guzmán | NACLA | September 17, 2015
Forgotten / Olvidados is one of the most important Bolivian films to emerge recently, marking a high point of technical achievement for the country’s film industry. The film serves as powerful indictment of the military personnel who were responsible for thousands of deaths and disappearances of political dissidents in Latin America during Operation Condor, estimated at 30,000 forced disappearances, 50,000 deaths, and 400,000 arrests. Beginning in 1975 the political campaign of repression spanned across Argentina, Chile, Bolivia, Brazil, Uruguay, and Paraguay—carried out by the right-wing military dictatorships and backed by the CIA. The ruthless campaign of suppression targeted opposition movements, including students, Marxists, Communists, and political parties that were deemed threats to the authoritarian governments.
Mexican actor, Damián Alcáraz plays General José Mendieta, a callous official tasked with the arrest, torture of dissidents under the guise of Operation Condor. General Mendieta shows some initial reluctance at carrying out the orders from his superiors. In his old age, the atrocities he committed in the past start to weigh on his psyche. The ruling class responsible for spearheading forced disappearances has rarely faced the justice system or been made to answer for their crimes. The perpetrators of such atrocities have grown old and frail, dying of old age, something denied to the many victims they executed.
After General Mendieta suffers a heart attack during a walk around the city, in which he encounters one of his former victims, he begins to craft a letter to his son Pablo (Bernardo Peña), now living in New York. In the letter he admits his involvement in the campaign of terror. In flashbacks we see how he was one of the masterminds of Operation Condor, where students, activists, and political opponents were followed, their meetings infiltrated by military personnel; when the order arrived, soldiers descended, forcibly taking their targets in broad daylight. The journalist Marco (Carlos Cotta) and his wife Luíca (Carla Ortiz) are among those taken by the military.
“Ramon Diaz. Thirty-nine. Monica Paz. Twenty-five. Luis Maldini. Sixty. Horacio Belette. Forty-two, Laura Gonzalez. Forty-three,” a jailed, dissident utters the names and age of those he shared his jail cell with the night before, but were taken away in the dark of the night by military forces. The repetition of their names serves as a mnemonic device to keep the identities alive, should any of the newly arrived prisoners manage to escape alive. While imprisoned the dissidents argue over their ideals that led to their imprisonment asking if their involvement in pursuit of social justice was it worth it.
The strength of the film lies in its painfully accurate portrayal of torture. The most powerful scenes occur in the jail cells, when the dissidents are subjected to torture and in the streets where protesters voice their opposition to the military dictatorship. The torture techniques used by the US officials in the Middle East against perceived terrorist threats were perfected decades earlier—in the CIA backed campaigns against political opponents in Latin America. When torture is still glorified by some political circles, the realistic portrayal of the toll of electrocution, water torture, rape, and isolation, dispels the fantasy that torture can be a useful method to extract information. The film makes evident, that anyone under duress will say what is needed to end the pain.
It is less successful in offering insight into the history of the region, offering but a glimpse of archival footage of US Secretary of State Henry Kissinger and a brief look at the training of soldiers at the infamous School of the Americas by US military personnel.
Forgotten was directed by Mexican Carlos Bolado, whose filmography has focused on social justice themes including Tlateloco: Verano del 68, the documentary about the 1968 student massacre in Mexico City, and Colosio: The Assassination, a film about the murder of Mexico’s presidential candidate Luis Donaldo Colosio. Filmed over 3 months in Bolivia, Chile and New York, the Chilean desert offers a lush backdrop—a jarring contrast against the brutality of the military repression.
The film was written and produced by actress Carla Ortiz who was born in Cochabamba, Bolivia. The film was years in the making, with Ortiz saying “that we urgently need to recuperate our historical memory, in order to not let history repeat itself” adding “it is important for the Americans to understand what their government keeps doing wrong or keeps on abusing its power for their benefit.” The disappearance of students, activists, and political dissidents, and the continued impunity and lack of prosecutions of the perpetrators of Operation Condor remains an injustice that plagues Latin America.
With the one-year anniversary of the disappearance of forty-three students from the Teachers College in Ayotzinapa, Mexico approaching, Forgotten reminds us that military repression has a long and painful history across the continent, the tactics employed by repressive military forces now, have been perfected through decades of forced disappearances of dissidents.
The film opens in theaters on September 18, in New York and October 2, in Los Angeles followed by a December release on HBO Latino.
Are Neocons an Existential Threat?
By Robert Parry | Consortium News | September 15, 2015
The neoconservatives arguably have damaged American national interests more than any group in modern history. They have done more harm than the marginal Communists pursued by Sen. Joe McCarthy in the 1950s, more than the Yippies of the 1960s, more than Richard Nixon’s Watergate burglars in the 1970s or the Iran-Contra conspirators in the 1980s.
The neocons have plunged the U.S. government into extraordinarily ill-considered wars wasting trillions of dollars, killing hundreds of thousands if not millions of people, and destabilizing large swaths of the planet including the Middle East, much of Africa and now Europe. Those costs include a swelling hatred against America and a deformed U.S. foreign policy elite that is no longer capable of formulating coherent strategies.
Yet, the neocons have remained immune from the consequences of their catastrophes. They still dominate Washington’s major think tanks as well as the op-ed pages of virtually all the leading newspapers, including The Washington Post, Wall Street Journal and New York Times. They hold down key positions in the State Department, and their “liberal interventionist” pals have the ear of President Barack Obama.
Clearly, the neocons are skilled operatives, knowing how to arrange a steady stream of funding for themselves, from military contractors donating to think tanks, from U.S. taxpayers footing the bill for organizations like the National Endowment for Democracy, and from ideological billionaires set on aligning U.S. foreign policy with hard-line Israeli desires.
The neocons are adept at writing op-ed articles that twist any set of facts into support for their ideological cause; they supply just the right quote that fits into the news cycle’s latest narrative; and they host policy conferences that attract powerful politicians and fawning media coverage.
But are the neocons a force that can coexist with the American Republic? Have they become an existential threat not only to the constitutional structure crafted in 1787 but to continued life on the planet? Are they locked on a course of action that could lead to a nuclear holocaust?
Clearly, the neocons’ commitment to Israeli interests violates a key principle established by the nation’s early presidents who all warned against “foreign entangling alliances” as a fundamental threat to a citizens’ republic that would transform America into a warrior state that would inevitably sap the nation’s liberties.
That loss of liberty has surely happened. Not only is there now bipartisan support for a surveillance state that can spy on the personal lives of American citizens, but the U.S. government has wedded itself to the concept of “strategic communications,” a catch-phrase that merges psychological operations, propaganda and P.R. into a seamless approach toward managing public perceptions at home and abroad.
When information is systematically pushed through a filter designed to ensure consent, the core democratic concept of an informed electorate has been turned on its head: The people no longer oversee the government; the government manipulates the people.
Neocon Tactics
All this has been part of the neocon approach dating back to the 1980s when key operatives, such as Robert Kagan and Elliott Abrams, were part of inter-agency task forces designed to whip the American people into line behind the government’s aggressive war policies. Guided by seasoned CIA propagandists, such as Walter Raymond Jr., the neocons learned their lessons well.
But the neocons are no longer just threatening the existence of the Republic; they are now endangering the continuation of life itself. They have decided to launch a new Cold War against Russia that will push the world toward the brink of thermo-nuclear war.
Of course, the neocons will frame their doomsday strategy as all Vladimir Putin’s fault. They will insist that they are just standing up to “Russian aggression” and that anyone who doesn’t join them is a “stooge of Moscow” or “weak.” They will dictate the shape of the debate just as they have in countless other situations, such as guiding Americans to war in Iraq over non-existent WMD stockpiles.
The neocon pundits will write seemingly authoritative op-eds about devious Kremlin strategies which will glue black hats on the Russians and white hats on whomever is on the other side, whether the neo-Nazis in Ukraine or the Islamic State/Al Qaeda terrorists in Syria. Americans will be whipped up into a frenzy that will demand a direct clash with the “Russ-kies” or “regime change” in Moscow.
There will be little or no concern about the risks. With the neocons, there never is. The assumption is that if “Amur-ika” is tough, the other side will back down. Then, with U.S.-led economic sanctions from the outside and U.S.-funded NGOs stirring up trouble from the inside, “regime change” becomes the cure-all.
Everyone who’s important in Official Washington – everyone on the talk shows and op-ed pages – knows that these disruptive situations always play out just the way they’re diagramed inside the top think tanks. A hand-picked “democratic reformer” who’s traveled the think-tank circuit and gotten the seal of approval – the likes of Iraq’s Ahmed Chalabi – will easily be installed and then the target country will do whatever the neocons dictate. After all, that approach worked so well in Iraq. The neocons always know best.
Raising the Stakes
Yet, with Russia, the stakes are even higher than with Iraq. Yes, it’s easy to find fault with Vladimir Putin. I myself have a personal rule that men over 40 should keep their shirts on when out in public (unless maybe they’re actors in a Bond film or going for a swim at the beach).
But Putin at least is a rational player in global affairs. Indeed, he has tried to cooperate with President Obama on a variety of key issues, including convincing Syria to surrender its chemical weapons and getting Iran to make concessions in the nuclear deal – two contributions to world peace that infuriated the neocons who favored bomb-bomb-bombing both Syria and Iran.
At a dinner party in Europe this summer, I was asked by a well-informed British woman what should be done with Putin. My answer was that Putin doesn’t frighten me; it’s the guy who comes after Putin who frightens me – because despite the neocons’ confidence that their “regime change” plans for Moscow will install a malleable moderate, the more likely result would be a much harder-line Russian nationalist than Putin.
The idea of the nuclear codes being handed to someone determined to defend the honor of Mother Russia is what scares me. Then, the clumsily aggressive neocons in Washington would have their reckless counterpart in Moscow, with neither side having the wisdom of a John F. Kennedy or a Nikita Khrushchev as displayed during the Cuban Missile Crisis in 1962.
Would American neocons or a Russian super-nationalist have the wisdom and courage to back down, to compromise, to make the concessions necessary to avoid plunging over the edge? Or would they assume that the other guy would blink first and that they would “win” the showdown?
I recall what William R. Polk, one of Kennedy’s mid-level aides during the Cuban Missile Crisis, wrote recently about what happens to the human mind under such stress.
“Since human beings make the decisions, we must be aware of decision makers’ vulnerabilities,” Polk wrote. “During the Cuban Missile Crisis, I was one of about 25 civilians fully engaged in the events. I was not at the center but in the second or third ‘echelon.’ So I did not feel the full strain, but by the Thursday of the Crisis, I was thoroughly exhausted. My judgment must have been impaired even though I was not aware of it.
“I do remember, however, a terrible episode – fortunately lasting only a few minutes – at which I thought to myself, ‘let’s just get it over with.’ When later I met with my Soviet counterparts, I got the impression, although they denied it, that my feelings were not unique. How the strain impacted on the inner group I can only guess.”
If someone as stable and serious as Bill Polk had such thoughts – “let’s just get it over with” – what might happen when American neocons or hyped-up Russian nationalists are inserted into the decision process? That is an existential question that I don’t want to even contemplate.
Endless Putin-Bashing
And, if you doubt that the neocons will engage in over-the-top Cold War-style Putin bashing, you should read the op-ed by The Washington Post’s neocon deputy editorial page editor Jackson Diehl on Monday, entitled “Putin shifts fronts: With a move into Syria, he continues his in-your-face maneuvers.”
Diehl delves into Putin’s psyche – a process that is so much easier than doing real reporting – and concludes that Putin’s decision to join the fight in Syria against the Islamic State and Al Qaeda is just another attempt to stick his finger in the eye of the righteous but clueless United States.
Diehl, of course, starts off with the neocon-approved narrative of the Ukraine crisis, ignoring the key role of neocon Assistant Secretary of State Victoria Nuland (Robert Kagan’s wife) in midwifing the Feb. 22, 2014 coup that overthrew democratically elected President Viktor Yanukovych and installed an intensely anti-Russian regime on Russia’s border. Nuland even handpicked the new Prime Minister Arseniy Yatsenyuk, telling U.S. Ambassador Geoffrey Pyatt in a phone call several weeks before the coup that “Yats is the guy.”
The coup-makers then dispatched neo-Nazi militias (and Islamist militants) to wage a bloody “anti-terrorism operation” against ethnic Russian Ukrainians who resisted the “regime change.” [See Consortiumnews.com’s “Ukraine Merges Nazis and Islamists.”]
But all that complexity is neatly boiled down by American neocons and the mainstream U.S. media as “Russian aggression.” Regarding the Syrian civil war, some neocons have even joined with senior Israeli officials in claiming that a victory by Al Qaeda is preferable to the continuation of Assad’s secular regime. [See Consortiumnews.com’s “Syria’s Nightmarish Narrative.”]
Yet, however the story goes, the biggest bad guy is Putin, always with sinister motives and evil intent. So, in explaining the situation in Ukraine and Syria, Diehl writes:
“Throughout the summer, Russia’s forces in eastern Ukraine kept up a daily drumbeat of attacks on the Ukrainian army, inflicting significant casualties while avoiding a response by Western governments. On Sept. 1, following a new cease-fire, the guns suddenly fell silent. Optimists speculated that Vladimir Putin was backing down.
“Then came the reports from Syria: Russian warplanes were overflying the rebel-held province of Idlib. Barracks were under construction at a new base. Ships were unloading new armored vehicles. Putin, it turns out, wasn’t retreating, but shifting fronts — and executing another of the in-your-face maneuvers that have repeatedly caught the Obama administration flat-footed.”
The rest of the op-ed is similarly didactic and one-sided: Putin is the villain and Obama is the rube. In Diehl’s world, only he and other neocons have what it takes to take on Putin and put Russia down.
Any alternative explanation for Russia’s action in Syria is brushed aside, such as Putin deciding that a victory by either Al Qaeda’s Nusra Front – as favored by Israel – or the even more bloodthirsty Islamic State is unacceptable and thus Assad’s regime must be stabilized to avert a major geopolitical catastrophe.
Typically, the neocons breeze past the frightening logic of what the collapse of Assad’s military would mean for the Middle East, Europe and the world. After all, once Israeli leaders decided to throw in their lot with Al Qaeda in Syria, the die was cast as far as the neocons were concerned.
But the notion that the neocons can micromanage the outcome in Syria, with “moderate” Al Qaeda taking Damascus rather than the more “radical” Islamic State, reflects the arrogant know-nothing-ism of these U.S. opinion leaders. More likely, Al Qaeda’s Nusra Front would coordinate with their former allies in the Islamic State and share in the Sunni revenge against Syria’s Christian, Alawite, Shiite and other minorities.
So, while the Islamic State would busy itself chopping off heads of “heretics,” Al Qaeda could use its new headquarters in Damascus to plot the next round of terror attacks against the West. And, as destabilizing as the current refugee flow into Europe has been, it would multiply astronomically as the survivors of the Islamic State/Al Qaeda bloodletting flee Syria.
With Europe in chaos and the neocons still insisting that the real enemy is Russia, the possible consequences would be frightening to contemplate. Yet, this is the course that the neocons have set for the world – and nearly all the Republican candidates for president have signed on for the journey along with Democratic frontrunner Hillary Clinton.
In 2014, arch-neocon Robert Kagan, whom Secretary of State Clinton selected as one of her advisers while also promoting his wife, Victoria Nuland, told The New York Times that he could embrace a Clinton presidency: “If she pursues a policy which we think she will pursue … it’s something that might have been called neocon, but clearly her supporters are not going to call it that; they are going to call it something else.” [For more, see Consortiumnews.com’s “Is Hillary Clinton a Neocon-Lite?” and “Obama’s True Foreign Policy ‘Weakness.’“]
So far, virtually no one in the 2016 presidential race or in the mainstream U.S. news media is seriously addressing the reality of the neocons’ “regime change” chaos spreading across the Middle East and the prospect of a destabilized Europe. What limited discussion there is on the campaign trail mostly echoes Jackson Diehl’s Putin-bashing.
No one dares confront the existential question of whether the United States and the world can continue to tolerate and accommodate the neoconservatives.
~
Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).
US, Colombia: Conspiracy against Venezuela
Nil NIKANDROV – Strategic Culture Foundation – 14.09.2015
“Airtec Inc. has been awarded a contract for intelligence, surveillance, and reconnaissance (ISR) services in support of the U.S. Southern Command. The deal is expected to be completed in September 2018. The contractor will provide ISR services utilizing a Bombardier DHC-8/200.
According to José Vicente Rangel, a Venezuelan journalist, the aircraft will be equipped with cutting-edge equipment to effectively survey the border areas of Venezuela.”
The US special services have applied a lot of effort to incite tensions in the “conflict zone” on the border between the two states. There are forces in the ranks of Colombian political and military leadership that are ready to help Washington in its subversive operations against the “main regional adversary”. Colombian President Juan Manuel Santos, a henchman of tycoons’ families, has said many a time that he supports further progress in the “special relationship” with Washington, including military ties. Santos believes that the deployment of seven US military facilities on Colombian soil is a step on the way of engaging Colombian military in NATO activities. Bogota is an integral part of the US plan to restore its dominant position in the region.
Colombia is used to undermine the process of Latin American and Caribbean integration. Nicolas Maduro, the President of Venezuela, displays great tolerance against the backdrop of hostile actions undertaken by Colombia. American supervisors apply no special effort to conceal their involvement. The intention is evident – the opposition is trying to prove tha Maduro’s government is unable to get the national economy back on track and fill Venezuelan stores to meet the legitimate demands of consumers for essentials. Internal sabotage is assisted by the activities of smugglers operating in Colombian territory.
Joint efforts are required to fight smuggling but Colombian border guards do nothing to interrupt the criminal activities often headed by former paramilitares (paramilitaries), the militants of AUC (the United Self-Defense Forces of Colombia). According to Venezuelan counterintelligence, their leaders collaborate with Colombian power structures.

AUC fighters have recently staged a provocation near the border area. They laid an ambush for a Venezuelan patrol in pursuit of smugglers. Shots were fired and three servicemen were seriously wounded. President Maduro immediately introduced the state of emergency in one of the areas near the Colombian border (the state of Táchira) and sealed the border for an uncertain period of time. Police and military reinforcements were sent out to find the attackers. Venezuela launched operations to pinpoint the paramilitares strongpoints – the bunkers serving as prisons for kidnapped people and stashes of smuggled goods. Thirty five militants have been arrested so far. The interrogations provided information on the scale of crimes perpetrated by paramilitares in Venezuela, including even existence of secret burial places. Maduro said the findings about the activities of criminals and armed formations reveal the horrible truth and he, as president, has an obligation to do away with this evil in Venezuela.
His tough stand is justified. The economic war against Venezuela has come to the point when essentials, foodstuffs, hygiene stuffs and medicals evaporate from the stores located in the vicinity of border areas. Everything is taken out of the country – clothes, shoes, car parts, tires and oil production equipment. Filling stations run out of fuel. Gasoline prices are extremely low in Venezuela. It takes only 2 USD to fill a tank. That’s why great quantities of Venezuelan fuel are transported to Colombia along the whole length of the countries’ border. According to official data, the small town of San Cristobal, Táchira’s capital, “has consumed” more gas than Caracas. It has gone far enough. The situation has reached the point when gas smuggling brings more profit to Colombian paramilitares than drug trafficking!

Smuggling thrives because there is a great difference in the prices of consumer goods (Venezuela allocates subsidies to bring the prices down). The rate of bolivar, the Venezuela’s currency, is used for large-scale scams. The Colombian city of Cúcuta has become the center of financial and economic subversive activities. It boasts around three thousand currency exchange shops. The general strategy is to devalue the bolivar. It results in impoverishment of people and increasing discontent in Venezuela.
Cúcuta has always played an important part in conspirators’ plans. The US Defense Intelligence Agency and the Central Intelligence agencies are active there. This is the place where radical cells of Venezuelan opposition get instructions. The leaders of three groups formed especially for anti-Venezuelan activities – El Centro de Pensamiento Primero Colombia» (the Center of Thought Foundation – Colombia First), FTI Consulting (Forensic Technologies International) and La Fundación Internacionalismo Democrático (the Democratic Internationalism Foundation) – hold their meetings there. The anti-Venezuelan conspiracy is led by former Colombian President Alvaro Uribe, who was recruited by the Central Intelligence Agency in mid-80s. The Agency used damaging information. He was number 82 on the list of drug dealers prepared by the US Drug Enforcement Administration. During all eight years of his tenure President Uribe was involved in subversive activities against Hugo Chavez trying to isolate the “Bolivarian regime” in the Western Hemisphere. With good reason the Venezuelan intelligence agencies consider him to be the key figure in the US-led plot to overthrow the “Maduro regime”.
The Sanchez government of Colombia enjoys the support of Western media, especially by the New York Times and the Washington Post. Their editorials say essentially the same thing. They spread the idea that the “border problem” with Colombia has been “invented by Maduro” and this entire hullabaloo is raised with the purpose to ratchet up the Venezuelan President’s support before the parliamentary election. Not a word is said about five and half million Colombians residing in Venezuela, part of them as refugees who fled the civil war, the activities of paramiltares, drug traffickers and smugglers operating on Colombian soil. Venezuela’s Ministry of Foreign Affairs has hit the nail right on the head when it disclosed the purpose of these publications. According to the Ministry, it’s all part of another plot staged by US media against Venezuela and its Bolivarian revolution.
Roy Chaderton, the Venezuelan Ambassador to the Organization of American States, said such Columbian media outlets as El Tiempo, RCN and Caracol radio stations and TV channels, as well as CNN Spanish language broadcasts, incite hatred towards Venezuela and its people. According to him, this hatred campaign could lead to a war. This scenario was avoided because Venezuelan leaders adopted quite different behavior patterns giving “positive signs” to Colombia. The Ambassador called on all the diplomats accredited with the Organization of American States not to trust Colombian media outlets waging a war of the fourth generation.
The US State Department made a statement regarding the closure of the border. It emphasized the humanitarian aspect of the problem and recommended to normalize the situation with the help of regional organizations. It said US diplomats were ready to contribute toward launching a dialogue. But there are different types of diplomats. For instance, according to Contrainjerencia, a respectable website, Kevin M. Whitaker, the US Ambassador to Colombia, served as the head of CIA station in Venezuela in 2006. It’s hard to believe that Whitaker and the like will really do anything positive. They have a quite different missions to carry out.
US War Theories Target Dissenters
By Todd E. Pierce | Consortium News | September 12, 2015
When the U.S. Department of Defense published a new Law of War Manual (LOW) this past summer, editorialists at the New York Times sat up and took notice. Their concern was that the manual stated that journalists could be deemed “unprivileged belligerents.” The editorial explained that as a legal term “that applies to fighters that are afforded fewer protections than the declared combatants in a war.” In fact, it is far more insidious than that innocuous description.
Here is the manual’s definition: “‘Unlawful combatants’ or ‘unprivileged belligerents’ are persons who, by engaging in hostilities, have incurred one or more of the corresponding liabilities of combatant status (e.g., being made the object of attack and subject to detention), but who are not entitled to any of the distinct privileges of combatant status (e.g., combatant immunity and POW status).”
The key phrase here is “being made the object of attack.” For slow-witted New York Times editorialists, that means journalists can be killed as can any enemy soldier in wartime. “Subject to detention” means a journalist deemed an unprivileged belligerent will be put into military detention if captured. As with any enemy belligerent, however, if “capture is not feasible,” they would be killed if possible, by drone perhaps if in a foreign country.
Currently, most U.S. captives deemed “unprivileged belligerents” are imprisoned in Guantanamo although some may be held in Afghanistan. It must be noted that the United States deems as an “unprivileged belligerent” anyone they target for capture or choose to kill.
That the New York Times’ concern only arose with publication of the new LOW manual suggests they may have been in a deep sleep since 9/11 as the Department of Defense (DOD) has openly worked to impose limitations on information sharing and news gathering since that event gave them a pretext. It is now a well-established pattern of the U.S. government to suppress rights guaranteed by the First Amendment whenever they can get by with it, as was seen with the New York Times own James Risen.
But the New York Times colluded with the CIA in censoring Risen’s reporting. Furthermore, they seemed to have ignored the U.S. government’s momentous argument of the unlimited power of the President to target journalists and activists for “expressive activities,” as the Department of Justice stated in the case of Hedges v. Obama, as described below.
It has frequently been noted there’s been an ongoing “war” against journalists since 9/11. The new DOD Law of War manual makes that official and potentially takes it to the highest level of conflict. While expressing concern, the Times’ editorialist does not seem to realize or care how ominous it is that the DOD now openly declares that journalists may be deemed “unprivileged belligerents,” unlawful combatants, as the DOD manual provides, instead of hiding the fact in coded language as done since 2001. Inherent to those classifications is that they represent the “enemy” and can be killed by U.S. officials.
That will come as no surprise to those acquainted with the foreign journalists who have been targeted and killed by drones in places such as Pakistan. Nor will it surprise Sami al-Hajj, the Al Jazeera journalist who was held in Guantanamo for years. But now it is clear that the same fate could be in store for U.S. journalists.
That coded language is embedded in the claim by Military Commissions prosecutors and the Justice Department that there is a “U.S. domestic common law of war.” What they claim is entirely based upon martial law orders of the Civil War and the military’s orders to remove Japanese-Americans from the their homes on the West Coast in World War II. All the cases they rely on for a “domestic law of war” today were judicially condemned during or almost immediately after the wars in which they were a part of.
U.S. Domestic Common Law of War
U.S. Military Commissions Chief Prosecutor Brig. General Mark Martins and his staff invented what they call the “U.S. domestic common law of war” in filings to the D.C. Circuit Court of Appeals. That invention consists only of the martial law precedents of the U.S. Civil War and the removal of the Japanese-Americans from the West Coast at the direction of General DeWitt. Both were later seen as examples of military despotism.
The American people have been inured by a deliberate effort of the U.S. military to accept invocation of the law of war as a talisman to permit any act by officials which would have been known as illegal before 9/11. But as the manual states: “Although the law of war is generally viewed as ‘prohibitive law,’ in some respects, especially in the context of domestic law, the law of war may be viewed as permissive or even as a source of authority. For example, the principle of military necessity in the customary law of war may be viewed as justifying or permitting certain acts.” (Emphasis added.)
“Military necessity” was the law of war basis for removal of the Japanese-Americans. Military necessity though indisputably a part of the law of war is a totalitarian precept when applied to a civilian population.
The LOW manual explains the object of war by quoting George H. Aldrich, Deputy Legal Adviser to the U.S. Department of State during the Vietnam War. He wrote of “a general acceptance of the view that modern war is aimed not merely at the enemy’s military forces but at the enemy’s willingness and ability to pursue its war aims. . . . In Viet-Nam political, rather than military, objectives were even more dominant. Both sides had as their goal not the destruction of the other’s military forces but the destruction of the will to continue the struggle.”
The “destruction of the will” of the adversary is always the object of war, according to Clausewitz and adopted by the U.S. military. But this has a totalitarian element to it; the adversary’s reciprocal object is to destroy our will. Consequently, “our” will must be protected by suppressing any dissent which could harm morale and the population’s willingness to “continue the struggle.”
That was the foundational belief underlying martial law during the Civil War. The Constitution was an obstacle again to suppressing dissent to a degree after the Civil War, but with the invention of a U.S. domestic common law of war and legalistic word play, this obstacle has once again been removed as the Justice Department argued in Hedges v. Obama.
The claim of being at war with internal and external enemies is always made by totalitarian states to justify their suppression of speech and a free press through repression. For a brief period in U.S. history, the Civil War, the U.S. military adopted military repression through martial law to suppress any dissent to its war practices.
Martial law was declared throughout the Union States, the North, on Aug. 8, 1862, by Secretary of War Edwin M. Stanton, at the request of President Abraham Lincoln. Orders were published to “arrest and imprison” any persons “discouraging volunteer enlistments” or “giving aid and comfort to the enemy” or for “any other disloyal practice.” A military commission would try the prisoners, and a second order “suspended” the writ of habeas corpus in their cases.
Martial law was more formally declared on Sept. 24, 1862, by President Lincoln himself in addition to suspending the writ of habeas corpus. Lieber’s Code was then prepared as the order giving effect to martial law. Contrary to how it is presented by the U.S. Army and credulous human rights commentators, Lieber’s Code was primarily a harsh martial law order with Prussian militarist law of war concepts introduced to the U.S. to criminalize any expressions of dissent as “war treason.”
Thus, Col. William Winthrop explained that among the greater number of individuals who were brought to trial before the military commissions during the Civil War, the offenses included “hostile or disloyal acts, or publications or declarations calculated to excite opposition to the federal government or sympathy with the enemy, etc.”
Whiting’s Guidance
Solicitor of the Department of War during the Civil War, William Whiting, gave legal guidance to the Union Commanders for enforcement of martial law. The “guidebook” was his own War Powers of the President. This book could have been used by any militaristic and totalitarian regime, which in fact it was as it was derived from authoritarian principles of martial law from Prussia. Those authoritarian principles remained in force under Prussia’s successor state, Germany, during two world wars, and were the legal basis of the infamous People’s Court which tried “war treason” cases; cases of “disloyal” expressive acts in most cases without more.
The guidance of Whiting was: “No person in loyal States can rightfully be captured or detained unless he has engaged, or there is reasonable cause to believe he intends to engage, in acts of hostility to the United States — that is to say, in acts which may tend to impede or embarrass the United States in such military proceedings as the commander-in-chief may see fit to institute.” This is the same argument that the U.S. government made in Hedges v. Obama.
What constituted an act of hostility? Whiting defines that to include a sentiment of hostility to the government “to undermine confidence in its capacity or its integrity, to diminish, demoralize . . . its armies, to break down confidence in those who are entrusted with its military operations in the field.”
An example of how martial law was to be carried out was in an order to a subordinate commander by the Army Department of the Pacific Commander in response to complaints from the Citizens of Solano County, California, of disloyal “utterances” they were hearing from fellow citizens.
The order read: “The department commander desires you to let the people understand generally that the order of the President suspending the writ of habeas corpus and directing the arrest of all persons guilty of disloyal practices will be rigidly enforced. . . . Practices injurious to the government or offensive to the loyal sentiment of the people will under no circumstances be permitted.”
Immediately after the Civil War, when it was freshest in their minds, the Supreme Court had this to say about martial law in Ex Parte Milligan: “What is ordinarily called martial law is no law at all. Wellington, in one of his despatches from Portugal, in 1810, in his speech on the Ceylon affair, so describes it. Let us call the thing by its right name; it is not martial law, but martial rule. And when we speak of it, let us speak of it as abolishing all law, and substituting the will of the military commander, and we shall give a true idea of the thing, and be able to reason about it with a clear sense of what we are doing.”
Martial law is a sub-part of the Law of War and since it is for application to a domestic population as with the Northern States during the Civil War by the Union Army, it is “moderated” ordinarily from the even harsher provisions of the Law of War which are now invoked in the Law of War manual. Yet precepts of both are being introduced domestically with Section 1021 of the 2012 National Defense Authorization Act and domestically and globally by the “U.S. domestic common law of war” precedents trumpeted by Chief Military Commissions Prosecutor, Brig. Gen. Mark Martins.
It must be noted that this is not to compare the Union unfavorably with the Confederacy. The Confederacy had the highest form of martial law: slavery. But the Defense Department only uses one legal precedent from the Confederacy today, which is “outlawry.”
Lieber’s Code addressed “outlawry” in Art. 148, which provided, in pertinent part: “The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, . . . on the contrary, it abhors such outrage.”
This was adopted in the Hague Regulations and as interpreted in earlier Army Law of Land Warfare manuals, prohibited assassinations as well as any declarations that an individual or group is outside the protection of the law of war, which is what designation as an unprivileged belligerent does. The prohibition of assassination has also been put aside with the routine practice of assassination with drones today by the U.S. military.
The Confederacy committed the offense of outlawry when its leaders declared all captured African-Americans fighting for the Union were outside the protection of the law of war (which did preexist Lieber’s Code) and would be placed into the indefinite detention of slavery. After 9/11, the U.S. government did the same with the invention of the unlawful combatant/unprivileged belligerent category and indefinite detention at Guantanamo Bay and any other location U.S. officials chose to place “unprivileged belligerents.”
Treason of the Professors and the Media
Ironically, shortly after the New York Times expressed its concern for journalists in early August, the Guardian reported in an article written by William C. Bradford, a recently hired assistant professor in the law department at the U.S. Military Academy at West Point. The article, entitled “Trahison des Professeurs: The Critical Law of Armed Conflict Academy as an Islamist Fifth Column,” was published in the National Security Law Journal of George Mason University Law School.
Bradford argued that the U.S. should be more aggressive in attacking Muslims to include attacks which are war crimes under the law of war. But it was his advocacy that the U.S. military attack other “lawful targets” in its war on terrorism, which include “law school facilities, scholars’ home offices and media outlets where they give interviews” that caught the most attention. These civilian areas were all places where a “causal connection between the content disseminated and Islamist crimes incited” exist, according to Bradford.
Furthermore, Bradford wrote, “Shocking and extreme as this option might seem, [dissenting] scholars, and the law schools that employ them, are – at least in theory – targetable so long as attacks are proportional, distinguish noncombatants from combatants, employ nonprohibited weapons, and contribute to the defeat of Islamism.” In other words, dissenting scholars are unprivileged belligerents and subject to attack, just as journalists are according to the Law of War manual.
Not to defend him but Bradford was articulating the underlying logic of the new Law of War manual’s position that dissenting journalists can be targeted as unprivileged belligerents. This, as stated above, is consistent with oppressive extra-constitutional martial law practices which Chief Prosecutor Mark Martins boasts of as “U.S. domestic common law of war.”
One has to ask: where are the supposed watchdogs of the press when military officers can so easily slide historical falsehoods past them in destroying freedom of the press? Further, Bradford argued that law professors who criticized the failure of the U.S. to abide by the Geneva Conventions and the Law of War represented a “treasonous” fifth column that could be attacked as enemy combatants.
If there is treason being committed in the United States, it must be seen in the acts of those reconstituting the extra-constitutional martial law cases of the Civil War period. That is, Brig. Gen. Mark Martins and associated government attorneys who, in effect, are engaged in an indirect coup d’etat of the U.S. Constitutional order. In fact, Bradford was alleged to have written in favor of a direct military coup d’etat as well.
As it turned out, Bradford had other ethical issues than just his incitement to commit war crimes and target law professors. A combination of factors led to his resigning his position at the Military Academy and this individual crisis would seem to have passed.
The home page of the National Security Law Journal in which his essay had been published carried a repudiation of it by the incoming editorial board. They summarized his article as follows: “Mr. Bradford’s contention that some scholars in legal academia could be considered as constituting a fifth column in the war against terror; his interpretation is that those scholars could be targeted as unlawful combatants.”
But substitute “journalists” for “scholars” and you have the position on journalists of the DOD’s new Law of War manual.
An insightful article in The Atlantic asks “how a scholar pushing these ideas seems not to have raised red flags any earlier.” That’s an excellent question. The article was entitled “The Unusual Opinions of William C. Bradford.” But here’s the point; these opinions are not unusual among some members of the military and right-wing law professors such as Adrian Vermeule of Harvard and Eric Posner of the University of Chicago.
Posner and Vermeule have carved out a niche in American legal discourse in advocating that the U.S. needs to turn to the legal “wisdom” of the German Nazi lawyer, Carl Schmitt. In Terror in the Balance, they suggest that the U.S. may need to adopt censorship for, among other reasons, “antigovernment speech may demoralize soldiers and civilians.” For precedent, they point out that “Martial law during the Civil War permitted the military to try and punish people who criticized the Lincoln administration’s conduct of the war.”
The Attack on ‘Lawfare’
Other prominent advocates of authoritarian legal practices present themselves as protecting against disloyal attorney who practice “lawfare,” which is defined as a form of “asymmetric warfare” that misuses domestic or international law to damage an opponent through legal actions in a courtroom. For instance, Ben Wittes of lawfareblog.com would seem to espouse this type of animosity toward public-interest lawyers who use the courts to defend First Amendment liberties.
A fallacious argument, made by Wittes in a paper which calls for “balancing” liberty and security, is his idiosyncratic belief that “in American constitutional law, for example, free speech does not exist as a general right of the public to communicate as much or as widely as it desires but as an individual right not to have government restrict one’s speech.”
This is contrary to the understanding of the Supreme Court which held in First Nat. Bank of Boston v. Bellotti, that: “[T]he First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” In other words, the First Amendment guarantees the public’s “right to know.”
Why does this matter? The Constitution’s Framers understood that an informed population was crucial for a Republic. As James Madison put it: “A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”
This understanding of the criticality of the free flow of information for wise democratic decision-making is particularly important for national security where ignorance comes with the highest cost. This understanding formed Clausewitz’s belief in a broad-based civilian decision-making process in matters of national security strategic policy, and not one driven by military leaders with their one-dimensional thinking process.
The Vietnam War is Exhibit A as proof of this. If it had been left to the Generals to decide, the war would have continued “perpetually” even though wiser heads realized from the beginning that it was unwinnable by U.S. terms of maintaining an unpopular government in South Vietnam. The antiwar movement, whatever the motives of some, proved to be more strategically astute than General William Westmoreland who would have continued the war until the U.S. bankrupted itself in the manner that the Soviet Union would years later in Afghanistan. It was the American antiwar movement which gave effect to Clausewitz’s strategy that when a war’s costs exceed its “benefits,” a way must be found to end it.
Curiously, Wittes accurately notes in Law and the Long War that to claim “the President has all the powers of a normal war yet few of its restraints, that the whole world is his battlefield, and that this state of affairs goes on in perpetuity is really akin to claiming a kind of worldwide martial law.” In fact, that’s exactly what the Justice Department argued in Hedges v. Obama without the admission as to martial law.
Dissent as Treason
Since the Vietnam War, the belief that the media and other critics of government policies act as fifth columnists has become commonplace in military-oriented journals and with the American authoritarian-oriented political class, expressed in articles such as William Bradford’s attack on “treasonous professors.”
To the question “how a scholar pushing these ideas” did not raise a red flag, that might best be asked of the National Security Law Journal’s previous editorial board. It is worth noting however that the editors who chose to publish Bradford’s article are not neophytes in national security issues or strangers to the military or government.
As described on the NSLJ website, the Editor-in-Chief from 2014-2015 has broad experience in homeland and national security programs from work at both the Department of Justice and the Department of Homeland Security and currently serves (at the time of publication of Bradford’s article) as the Deputy Director for the Office of Preparedness Integration and Coordination at FEMA. A U.S. government official in other words.
The “Articles Selection Editor” is described as “a family physician with thirty years of experience in the foreign affairs and intelligence communities.” Websites online suggest his experience may have been acquired as a CIA employee. The executive editor appears to be a serving Marine Corps officer who attended law school as a military-funded student.
Significantly; Bradford was articulating precepts of the “U.S. common law of war” promoted by Chief Prosecutor Mark Martins because nothing Bradford advocated was inconsistent with William Whiting’s guidance to Union Generals. Except Whiting went even further and advised that judges in the Union states who “impeded” the military in any way by challenging their detentions were even greater “public enemies” than Confederate soldiers were.
This “U.S. common law of war” is a prosecution fabrication created by legal expediency in the absence of legitimate legal precedent for what the United States was doing with prisoners captured globally after 9/11. This legal invention came about when military commission prosecutors failed to prove that the offense of Material Support for Terrorism was an international law of war crime. So prosecutors dreamed up a “domestic common law of war.” This in fact is simply following the pattern of totalitarian states of the Twentieth Century.
Government-Media-Academic-Complex
The logic of Bradford’s argument is the same as that of the Defense Department in declaring that journalists may be deemed “unprivileged belligerents.” As quoted above, George H. Aldrich had observed that in Vietnam, both sides had as their goal “the destruction of the will to continue the struggle.”
Bradford argued that Islamists must overcome Americans’ support for the current war to prevail, and “it is the ‘informational dimension’ which is their main combat effort because it is U.S. political will which must be destroyed for them to win.” But he says Islamists lack skill “to navigate the information battlespace, employ PSYOPs, and beguile Americans into hostile judgments regarding the legitimacy of their cause.”
Therefore, according to Bradford, Islamists have identified “force multipliers with cultural knowledge of, social proximity to, and institutional capacity to attrit American political will. These critical nodes form an interconnected ‘government-media-academic complex’ (‘GMAC’) of public officials, media, and academics who mould mass opinion on legal and security issues . . . .”
Consequently, Bradford argues, within this triumvirate, “it is the wielders of combat power within these nodes — journalists, officials, and law professors — who possess the ideological power to defend or destroy American political will.”
While Bradford reserves special vituperation for his one-time fellow law professors, he states the “most transparent example of this power to shape popular opinion as to the legitimacy of U.S. participation in wars is the media.”
As proof, Bradford explained how this “disloyalty” of the media worked during the Vietnam War. He wrote: “During the Vietnam War, despite an unbroken series of U.S. battlefield victories, the media first surrendered itself over to a foreign enemy for use as a psychological weapon against Americans, not only expressing criticism of U.S. purpose and conduct but adopting an ‘antagonistic attitude toward everything America was and represented’ and ‘spinning’ U.S. military success to convince Americans that they were losing, and should quit, the war. Journalistic alchemists converted victory into defeat simply by pronouncing it.”
Space does not permit showing in how many ways this “stab in the back” myth is false. But this belief in the disloyalty of the media in Bradford’s view remains today. He wrote: “Defeatism, instinctive antipathy to war, and empathy for American adversaries persist within media.”
Targeting Journalists
The right-wing militarist Jewish Institute for National Security Affairs (JINSA), with mostly retired U.S. military officers serving as advisers, has advocated targeting journalists with military attacks. Writing in The Journal of International Security Affairs in 2009, retired U.S. Army Lt. Col. Ralph Peters wrote:
“Today, the United States and its allies will never face a lone enemy on the battlefield. There will always be a hostile third party in the fight, but one which we not only refrain from attacking but are hesitant to annoy: the media . . . . Future wars may require censorship, news blackouts and, ultimately, military attacks on the partisan media.” (Emphasis in original.)
The rationale for that deranged thinking was first propounded by Admiral Ulysses S. Grant Sharp and other authoritarian-minded officers after the Vietnam War. Sharp explained, our “will” was eroded because “we were subjected to a skillfully waged subversive propaganda campaign, aided and abetted by the media’s bombardment of sensationalism, rumors and half-truths about the Vietnam affair — a campaign that destroyed our national unity.” William C. Bradford apparently adopted and internalized this belief, as have many other military officers.
That “stab in the back” myth was propagated by a number of U.S. military officers as well as President Richard Nixon (as explained here). It was more comfortable to believe that than that the military architects of the war did not understand what they were doing. So they shifted blame onto members of the media who were astute enough to recognize and report on the military’s failure and war crimes, such as My Lai.
But those “critical” journalists, along with critics at home, were only recognizing what smarter Generals such as General Frederick Weyand recognized from the beginning. That is, the war was unwinnable by the U.S. because it was maintaining in power its despotic corrupt ally, the South Vietnamese government, against its own people. Whether or not what came later was worse for the Vietnamese people was unforeseeable by the majority of the people. What was in front of their eyes was the military oppression of American and South Vietnamese forces and secret police.
Information Warfare Today
In 1999, the Rand Corporation published a collection of articles in Strategic Appraisal: The Changing Role of Information in Warfare. The volume was edited by Zalmay Khalilzad, the alleged author of the Defense Department’s 1992 Defense Planning Guidance, which was drafted when Dick Cheney was Defense Secretary and Paul Wolfowitz was Under Secretary of Defense – and promulgated a theory of permanent U.S. global dominance.
One chapter of Rand’s Strategic Appraisal was written by Jeremy Shapiro, now a special adviser at the U.S. State Department, according to Wikipedia. Shapiro wrote that the inability to control information flows was widely cited as playing an essential role in the downfall of the communist regimes of Eastern Europe and the Soviet Union.
He stated that perception management was “the vogue term for psychological operations or propaganda directed at the public.” As he expressed it, many observers worried that potential foes could use techniques of perception management with asymmetric strategies with their effect on public opinion to “destroy the will of the United States to wage war.”
Consequently, “Warfare in this new political environment consists largely of the battle to shape the political context of the war and the meaning of victory.”
Another chapter on Ethics and Information Warfare by John Arquilla makes clear that information warfare must be understood as “a true form of war.” The range of information warfare operations, according to Arquilla, extends “from the battlefield to the enemy home front.” Information warfare is designed “to strike directly at the will and logistical support of an opponent.”
This notion of information warfare, that it can be pursued without a need to defeat an adversary’s armed forces, is an area of particular interest, according to Arquilla. What he means is that it necessitates counter measures when it is seen as directed at the U.S. as now provided for in the new LOW Manual.
Important to note, according to Arquilla, is that there is an inherent blurriness with defining “combatants” and “acts of war.” Equating information warfare to guerrilla warfare in which civilians often engage in the fighting, Arquilla states “in information warfare, almost anyone can engage in the fighting.”
Consequently, the ability to engage in this form of conflict is now in the hands of small groups and individuals, offering up “the prospect of potentially quite large numbers of information warfare-capable combatants emerging, often pursuing their own, as opposed to some state’s policies,” Arquilla wrote.
Therefore, a “concern” for information warfare at the time of the Rand study in 1999 was the problem of maintaining “noncombatant immunity.” That’s because the “civilian-oriented target set is huge and likely to be more vulnerable than the related set of military infrastructures . . . . Since a significant aspect of information warfare is aimed at civilian and civilian-oriented targets, despite its negligible lethality, it nonetheless violates the principle of noncombatant immunity, given that civilian economic or other assets are deliberately targeted.”
What Arquillo is saying is that civilians who are alleged to engage in information warfare, such as professors and journalists, lose their “noncombatant immunity” and can be attacked. The “blurriness” of defining “combatants” and “acts of war” was removed after 9/11 with the invention of the “unlawful combatant” designation, later renamed “unprivileged belligerent” to mimic language in the Geneva Conventions.
Then it was just a matter of adding the similarly invented “U.S. domestic common law of war” with its martial law precedents and a framework has been built for seeing critical journalists and law professors as “unprivileged belligerents,” as Bradford indiscreetly wrote.
Arquilla claims that information warfare operations extend to the “home front” and are designed “to strike directly at the will and logistical support of an opponent.” That is to equate what is deemed information warfare to sabotage of the population’s psychological will to fight a war, and dissidents to saboteurs.
Perpetual War
But this is a perpetual war driven by U.S. operations, according to a chapter written by Stephen T. Hosmer on psychological effects of information warfare. Here, it is stated that “the expanding options for reaching audiences in countries and groups that could become future U.S. adversaries make it important that the United States begin its psychological conditioning in peacetime.” Thus, it is necessary “to begin to soften the fighting will of the potential adversary’s armed forces in the event conflict does occur.”
As information warfare is held to be “true war,” this means that the U.S. is perpetually committing acts of war against those deemed “potential” adversaries. Little wonder that Vladimir Putin sees Russia as under assault by the United States and attempts to counter U.S. information warfare.
This same logic is applied to counter-insurgency. The 2014 COIN Manual, FM 3-24, defines “Information Operations” as information-related capabilities “to influence, disrupt, corrupt, or usurp the decision-making of adversaries and potential adversaries while protecting our own.”
Those we “protect ourselves from” can logically be seen as the internal enemy, as William Bradford saw it, such as critical law professors and journalists, just as Augusto Pinochet did in Chile with dissidents.
With the totalitarian logic of information-warfare theorists, internalized now throughout much of the U.S. government counter-terrorism community, it should be apparent to all but the most obtuse why the DOD deems a journalist who writes critically of U.S. government war policy an “unprivileged belligerent,” an enemy, as in the Law of War manual. William C. Bradford obviously absorbed this doctrine but was indiscreet enough to articulate it fully.
It Has Happened Here!
That’s the only conclusion one can draw from reading the transcript of the Hedges v. Obama lawsuit. In that lawsuit, plaintiffs, including journalists and political activists, challenged the authority provided under Sec. 1021 of the 2012 National Defense Authorization for removal out from under the protection of the Constitution of those deemed unprivileged belligerents. That is, civilians suspected of lending any “support” to anyone whom the U.S. government might deem as having something to do with terrorism.
“Support” can be as William Whiting described it in 1862 and as what is seen as “information warfare” by the U.S. military today: a sentiment of hostility to the government “to undermine confidence in its capacity or its integrity, to diminish, demoralize . . . its armies, to break down confidence in those who are intrusted with its military operations in the field.”
Reminiscent of the Sinclair Lewis novel It Can’t Happen Here where those accused of crimes against the government are tried by military judges as in the U.S. Military Commissions, a Justice Department attorney arguing on behalf of the United States epitomized the legal reasoning that one would see in a totalitarian state in arguing why the draconian “Law of War” is a substitute for the Constitution.
The Court asked Assistant U.S. Attorney Benjamin Torrance if he would agree, “as a principled matter, that the President can’t, in the name of the national security of the United States, just decide to detain whomever he believes it is important to detain or necessary to detain to prevent a terrorist act within the United States?”
Rather than giving a straight affirmative answer to a fundamental principle of the U.S. Constitution, Torrance dissembled, only agreeing that that description would seem “quite broad,” especially if citizens. But he added disingenuously that it was the practice of the government “not to keep people apprehended in the U.S.”
Which is true, it is known that people detained by the U.S. military and CIA have been placed everywhere but in the U.S. so that Constitutional rights could not attach. Under Section 1021, that “inconvenience” to the government would not be necessary.
When asked by the Court if he, the Justice Department attorney, would agree that a different administration could change its mind with respect to whether or not Sec. 1021 would be applied in any way to American citizens, he dissembled again, answering: “Is that possible? Yes, but it is speculative and conjecture and that cannot be the basis for an injury in fact.”
So U.S. citizens or anyone else are left to understand that they have no rights remaining under the Constitution. If a supposed “right” is contingent upon who is President, it is not a right and the U.S. is no longer under the rule of law.
In discussing whether activist and journalist Birgitta Jónsdóttir, a citizen of Iceland, could be subject to U.S. military detention or trial by military commission, Assistant U.S. Attorney Torrance would only disingenuously answer that “her activities as she alleges them, do not implicate this.” Disingenuous because he knew based upon the answer he previously gave that the law of war is arbitrary and its interpretation contingent upon a military commander, whoever that may be, at present or in the future.
What could happen to Ms. Jónsdóttir would be completely out of her control should the U.S. government decide to deem her an “unprivileged belligerent,” regardless of whether her expressive activities changed positively or negatively, or remained the same. Her risk of detention per the Justice Department is entirely at the sufferance of whatever administration may be in place at any given moment.
Any doubt that the Authorization for the Use of Military Force, along with Section 1021 of the National Defense Authorization Act of 2012, is believed by the U.S. Executive Branch to give it the untrammeled power that Article 48 of the Weimar Germany constitution gave to the German President in 1933 was settled by the arguments made by the Justice Department attorney in Hedges v. Obama.
Setting First Amendment Aside
One does not need to speculate that the U.S. government no longer sees First Amendment activities as protected. Government arguments, which were made in the Hedges v. Obama lawsuit, revealed that the Justice Department, speaking for the Executive Branch, considers protection of the Bill of Rights subordinate to the claim of “war powers” by the Executive. One can only be willfully blind to fail to see this.
By the Justice Department’s court arguments and filings, the protections afforded by the U.S. Bill of Rights are no more secure today than they were to Japanese-Americans when Western District military commander General DeWitt decided to remove them from their homes on the West Coast and intern them in what were initially called, “concentration camps.”
The American Bar Association Journal reported in 2014 that Justice Antonin Scalia told students in Hawaii that “the Supreme Court’s Korematsu decision upholding the internment of Japanese Americans was wrong, but it could happen again in war time.” But contrary to Scalia stating that Korematsu had been repudiated, Korematsu has never been overruled.
The court could get a chance to do so, the ABA article stated, in the Hedges v. Obama case “involving the military detention without trial of people accused of aiding terrorism.” But that opportunity has passed.
A U.S. District Court issued a permanent injunction blocking the law’s indefinite detention powers but that ruling was overturned by the Second Circuit Court of Appeals. A petition to the U.S. Supreme Court asked the justices to overturn Sec. 1021, the federal law authorizing such detentions and stated the justices should consider overruling Korematsu. But the Supreme Court declined to hear the case in 2014, leaving the Appeals Court’s ruling intact.
The Supreme Court’s decision to not overturn Korematsu allows General DeWitt’s World War II decision to intern Japanese-Americans in concentration camps to stand as a shining example of what Brig. General Marks Martins proudly holds up to the world as the “U.S. domestic common law of war.”
Todd E. Pierce retired as a Major in the U.S. Army Judge Advocate General (JAG) Corps in November 2012. His most recent assignment was defense counsel in the Office of Chief Defense Counsel, Office of Military Commissions. In the course of that assignment, he researched and reviewed the complete records of military commissions held during the Civil War and stored at the National Archives in Washington, D.C.
Government refuses to say whether UK pilots have bombed Pakistan targets
Reprieve | September 13, 2015
The UK Government has refused to confirm whether UK pilots have been involved in flying covert US drone strikes over Pakistan, withholding the information requested by legal charity Reprieve on grounds of ‘international relations.’
Reprieve had made Freedom of Information (FOI) requests to the Ministry of Defence asking two questions: whether the UK had flown drone missions over Pakistan; and whether British pilots ‘embedded’ in US units had done so. While the UK Government confirmed that it had not itself conducted such strikes in response to the first question, it said it would ‘neither confirm nor deny’ (NCND) whether British embedded pilots had done so.
This position is at odds with recent comments made by the UK Defence Secretary to the effect that the Government would answer questions about the activities of embedded personnel when asked. In the wake of revelations that British pilots had flown strikes in Syrian territory while embedded with the US Air Force, Michael Fallon said that “if we are asked to give details [on embeds] we of course do so.”
The new evidence of potential UK involvement in the US’ drone programme in Pakistan comes in the week of David Cameron’s announcement of a new UK ‘targeted killing’ policy which closely mirrors that carried out by the American Government. The US programme – which has been running for over a decade – has seen hundreds of strikes taken and hundreds of civilians killed. The latter is due in large part to faulty intelligence, which has seen strikes miss their intended target with the effect that individual alleged militants have often been reported ‘killed’ on multiple occasions.
The US programme – which is justified on the same basis as that of the UK, and carried out using the same technology – has also come in for heavy criticism from senior American defence and intelligence figures, who argue it has proved counter-productive. General Michael Flynn, former head of the US Defence Intelligence Agency, has described it as a “failed strategy,” while General Stanley McChrystal has warned it creates “ resentment” towards “American arrogance.”
The UK Government has consistently refused in the past to comment on drone strikes in Pakistan, saying that they are a matter for “the states involved.” For British personnel to have been involved in the strikes would go far beyond the picture of the drones programme that the Government has so far presented to the British public and Parliament.
Commenting, Jennifer Gibson, a lawyer at Reprieve, said: “This refusal suggests that we may be embroiled in the CIA’s secret wars in far greater ways than was thought. Given the CIA’s drone programme in Pakistan has killed hundreds of civilians while operating without public accountability, that is cause for serious concern. What more don’t we know?”
“Numerous senior military and intelligence figures have warned that secret drone programmes of this kind can actually make the situation worse, not better. Before heading down this path, we need a real debate, and real answers from the PM. We need to think very carefully about whether giving our government carte blanche to kill people anywhere in the world, without oversight, is really a good idea.”

