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Obama Speaks with Forked Tongue on Surveillance

By Sheldon Richman | FFF | June 11, 2013

It’s bad enough the federal government spies on us. Must it insult our intelligence too?

The government’s response to Edward Snowden’s leaks about the National Security Agency’s secret monitoring of the Internet and collection of our telephone logs is a mass of contradictions. Officials have said the disclosures are (1) old news, (2) grossly inaccurate, and (3) a blow to national security. It’s hard to see how any two of these can be true, much less all three.

Can’t they at least get their story straight? If they can’t do better than that, why should we have confidence in anything else that they do?

Snowden exposed the government’s indiscriminate snooping because, among other things, it violates the Fourth Amendment protection against unreasonable searches and he had no other recourse.

Director of National Intelligence James Clapper says Snowden should have used established channels to raise his concerns, but there are no effective channels. Members of the congressional intelligence committees are prohibited from telling the public what they learn from their briefings. Two members of the Senate committee, Ron Wyden and Mark Udall, for years have warned — without disclosing secrets — that the Obama administration is interpreting the Patriot Act and related laws far more broadly than was ever intended by those who voted for those pieces of legislation. Their warnings have made no difference.

A court challenge wasn’t open to Snowden either. Glenn Greenwald, who published Snowden’s leaks in the Guardian, notes that for years the ACLU has tried to challenge the surveillance programs in court on Fourth Amendment grounds, but the Obama administration has blocked the effort by arguing that the ACLU has no standing to bring the suit. It’s a classic Catch-22. Since the surveillance is secret, no one can know if he has been spied on. But if no one knows, no one can go into court claiming to be a victim, and the government will argue that therefore the plaintiff has no standing to challenge the surveillance. Well played, Obama administration.

The administration should not be allowed to get away with the specious claim that telling its secrets to a few privileged members of Congress is equivalent to informing the people. It is not. It’s merely one branch of government telling some people in another branch. Calling those politicians “our representatives” is highly misleading. In what sense do they actually represent us?

Equally specious is the assertion that the NSA can’t monitor particular people without court authorization. The secret FISA court is a rubber stamp.

When Obama ran for president in 2008, he said Americans shouldn’t have to choose between privacy and security. Now he says that “one of the things that we’re going to have to discuss and debate is how are we striking this balance between the need to keep the American people safe and our concerns about privacy? Because there are some tradeoffs involved.”

What do you take us for, Mr. President? Do you say whatever serves your momentary interest?

It’s outrageous for Obama to say he welcomes this debate — when his regime is plotting to capture and prosecute the heroic whistleblower who made it possible.

The debate would be bogus anyway. No one has a right to make a security/privacy tradeoff for you. Our rights should not be subject to vote, particularly when a ruling elite ultimately will make the decision — out of public view!

Americans have learned nothing from the last 40 years if they have not learned that the executive branch — regardless of party — will interpret any power as broadly as it wishes. Congressional oversight is worse than useless; it’s a myth, especially when one chamber is controlled by the president’s party and the other chamber’s majority embraces big government as long as it carries a “national security” label.

Obama says, “If people can’t trust not only the executive branch but also don’t trust Congress and don’t trust federal judges to make sure that we’re abiding by the Constitution, due process and rule of law, then we’re going to have some problems here.”

That’s wrong. If the politicians’ only response to revelations that they’re violating our privacy is to ask for trust, then we already have problems.

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June 12, 2013 Posted by | Civil Liberties, Deception, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

Criminal Government

By Sheldon Richman | FFF | May 3, 2013

“A nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks concludes that ‘it is indisputable that the United States engaged in the practice of torture’ and that the nation’s highest officials bore ultimate responsibility for it.”

So began a page-one story in the New York Times that should have dominated public discussion for days and begun the process of coming to terms with this shameful chapter in American history. Unfortunately, the story ran April 16, the day after the Boston Marathon bombing, and thus got little notice. And just as attention on Boston was waning, the George W. Bush Library and Museum was dedicated in Dallas. Unsurprisingly, neither President Obama nor the ex-presidents assembled to celebrate the event (and the Bush administration), mentioned this “nonpartisan, independent review.”

It’s been pretty much consigned to the memory hole. But maybe it’s not too late to retrieve it.

The review was done by The Constitution Project’s Task Force on Detainee Treatment, which included members not normally associated with critics of the Bush administration, such as former Republican Rep. Asa Hutchinson (co-chairman), who was an undersecretary in the Bush administration’s Department of Homeland Security and administrator of the Drug Enforcement Administration.

The task force concluded that in Iraq, Afghanistan, Guantanamo, and other places, American forces engaged in torture and other practices that violated U.S. laws and international treaties — conduct that has been condemned by the U.S. government when practiced by other governments. Such conduct has long been considered a war crime, the task force noted. While it stopped short of claiming that the highest government leaders explicitly called for the use of torture against detainees, it said the use was a consequence of the administration’s declaration that the Geneva Conventions did not apply to people captured in the “war on terror.” (PDF) The report states,

The Task Force believes there was no justification for the responsible government and military leaders to have allowed those lines to be crossed. Doing so damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.

Democracy and torture cannot peacefully coexist in the same body politic. The Task Force also believes and hopes that publicly acknowledging this grave error, however belatedly, may mitigate some of those consequences and help undo some of the damage to our reputation at home and abroad.

The task force also found,

There is no firm or persuasive evidence that the widespread use of harsh interrogation techniques by U.S. forces produced significant information of value. There is substantial evidence that much of the information adduced from the use of such techniques was not useful or reliable.

It notes that some former officials insist their interrogation techniques were effective, adding, “but those officials say that the evidence of such success may not be disclosed for reasons of national security.” The task force discounts such assertions, however, because the former officials “generally include those people who authorized and implemented the very practices that they now assert to have been valuable tools in fighting terrorism.… It is reasonable to note that those former officials have a substantial reputational stake in their claim being accepted.” The task force went so far as to reject the claim that torture led to the locating of Osama bin Laden, citing the Senate Intelligence Committee finding to that effect. (The fundamental case against torture, of course, is not that it is ineffective, but that it is immoral.)

The task force also called attention to the continuing detention of prisoners at Guantanamo, over half of whom have long been cleared for release. At the moment 100 of the 166 prisoners are conducting a hunger strike, and 21 are being force-fed by nasal tube, which in itself has been called torture and is condemned by the task force. A majority of the task force called for civilian or military trials of some of the detainees and release of others to countries in which they will not be tortured. It continued,

Those prisoners who are deemed to still be a threat to the safety of the U.S. and its citizens and who would be difficult (a) to prosecute because they were subjected to torture or the relevant criminal laws did not apply overseas at the time of their conduct; or (b) to transfer due to lack of suitable receiving country, would be brought to the mainland United States and held in custody until a suitable place to transfer them was found. Their cases would be subject to periodic review.

This recommendation is not good enough. How can men be held indefinitely because the alleged evidence against them was obtained by torture and is inadmissible? That is grounds for release. But even worse is the recommendation from the two-member minority consisting of Hutchinson and Richard Epstein (yes, alas, that Richard Epstein):

As troubling as indefinite detention might be, there are currently no good or feasible alternatives. Those prisoners who are deemed to be a continuing threat to the United States and for whom a trial is not currently feasible, and where there is no other suitable country that will accept them, should remain in detention for the foreseeable future. They should not be brought to the U.S., and Guantánamo remains the best location to hold them.

Justice demands to know why people against whom there is apparently no trial-worthy evidence are to be left to rot in an American prison in Cuba. This is truly a disgrace. And notice the self-reinforcing nature of the argument. These people are said to be a threat, but holding them at Guantanamo sows the seeds of hostility and the desire for revenge. Even if they were tried and acquitted, they might be angry at the U.S. government for the treatment they received. Are they still to be held even if acquitted? (The Bush administration thought that in some cases, yes.)

It’s good to see that the task force report holds the Bush administration lawyers responsible for the mistreatment of detainees:

Lawyers in the Justice Department’s Office of Legal Counsel (OLC) repeatedly gave erroneous legal sanction to certain activities that amounted to torture and cruel, inhuman or degrading treatment in violation of U.S. and international law, and in doing so, did not properly serve their clients: the president and the American people.

Extraordinary rendition, the practice (begun in the Clinton years) of outsourcing torture to foreign governments, and abuse of detainees at secret CIA prisons, or “black sites,” also come in for condemnation as violations of international law. Unfortunately, the task force did not call for an end to turning people over to other governments; it simply recommended that there be more than “diplomatic assurances” that torture will not take place.

Refreshingly, physicians and psychologists are taken to task for their participation, in violation of age-old ethical standards, in the abuse of detainees, both by devising techniques that constituted torture and for failing to report abuses. It’s about time a floodlight was shined on this shameful conduct by medical and so-called mental-health professionals.

Also welcome is the recommendation that “the executive branch should declassify evidence regarding the CIA’s and military’s abuse and torture of captives.” We have a right to know what this lawless government did in our names.

The task force also called on the government to comply with its obligation under the Convention Against Torture to assure “that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation.” Quite the opposite has happened: “The United States has not complied with this requirement, in large part because of the government’s repeated, successful invocation of the state-secrets privilege in lawsuits brought by torture victims.” The Obama administration has been particularly determined to keep such suits out of court. This is a blot on the country.

The report further indicted the government for not complying with its obligation under the Convention Against Torture to “criminalize all acts of torture, attempts to commit torture, or complicity or participation in torture” and “proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” It notes that “no CIA personnel have been convicted or even charged for numerous instances of torture in CIA custody.” Conspicuous by its absence is the call for prosecution of President Bush, Vice-President Dick Cheney, members of the Office of Legal Counsel who cooked up legal justifications for torture, CIA director George Tenet, and other top officials.

President Obama says “looking backwards” at past conduct is unproductive when it comes to the interrogation of detainees. That’s odd. The government doesn’t find it unproductive to look back when private individuals commit crimes. Why should government officers get special treatment?

We can only hope that someday, when these people are traveling abroad, they will be arrested and brought before the International Criminal Court.

Finally, the task force notes that Obama, despite apparent promises to end the abuses, has not lived up to expectations. Guantanamo is still open (he said this week he would push to close it), and reporter Jeremy Scahill has exposed the CIA’s continued participation in interrogations in a secret prison beneath Somalia’s National Security Agency. Scahill’s reporting reveals that the administration has simply outsourced torture — hardly an improvement over the Bush years. Of course, Obama also claims the power to kill people and to detain them indefinitely in a military prison without due process.

“The Obama administration has ended the most inhumane treatment of detainees,” the report states, “though some troubling questions about current policies remain unanswered. But it is unclear whether it has taken sufficient steps to prevent a future administration from resorting to torture or cruel treatment.”

When it comes to conserving the national-security state, it matters little which party is in power.

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May 4, 2013 Posted by | Progressive Hypocrite, Subjugation - Torture, Timeless or most popular | , , , , | Leave a comment

America’s Drone Terrorism

By Sheldon Richman | FFF | October 19, 2012

In the United States, the dominant narrative about the use of drones in Pakistan is of a surgically precise and effective tool that makes the U.S. safer by enabling “targeted killing” of terrorists, with minimal downsides or collateral impacts.

This narrative is false.

Those are the understated opening words of a disturbing, though unsurprising, nine-month study of the Obama administration’s official, yet unacknowledged, remote-controlled bombing campaign in the North Waziristan region of Pakistan, near Afghanistan. The report, “Living Under Drones,” is a joint effort by the New York University School of Law’s Global Justice Clinic and Stanford Law School’s International Human Rights and Conflict Resolution Clinic.

The NYU/Stanford report goes beyond reporting estimates of the civilian casualties inflicted by the deadly and illegal U.S. campaign. It also documents the hell the Pakistanis endure under President Barack Obama’s policy, which includes a “kill list” from which he personally selects targets. That hell shouldn’t be hard to imagine. Picture yourself living in an area routinely visited from the air by pilotless aircraft carrying Hellfire missiles. This policy is hardly calculated to win friends for the United States.

Defenders of the U.S. campaign say that militants in Pakistan threaten American troops in Afghanistan as well as Pakistani civilians. Of course, there is an easy way to protect American troops: bring them home. The 11-year-long Afghan war holds no benefits whatever for the security of the American people. On the contrary, it endangers Americans by creating hostility and promoting recruitment for anti-American groups.

The official U.S. line is that America’s invasion of Afghanistan was intended to eradicate al-Qaeda and the Taliban, who harbored them. Yet the practical effect of the invasion and related policies, including the invasion of Iraq and the bombing in Yemen and Somalia, has been to facilitate the spread of al-Qaeda and like-minded groups.

U.S. policy is a textbook case of precisely how to magnify the very threat that supposedly motivated the policy. The Obama administration now warns of threats from Libya — where the U.S. consulate was attacked and the ambassador killed — and Syria. Thanks to U.S. policy, al-Qaeda in Afghanistan spawned al-Qaeda in Iraq, al-Qaeda in the Arabian Peninsula, and al-Qaeda in the Islamic Maghreb.

If that’s success, what would failure look like?

Regarding Pakistani civilians, the report states,

While civilian casualties are rarely acknowledged by the U.S. government, there is significant evidence that U.S. drone strikes have injured and killed civilians.… It is difficult to obtain data on strike casualties because of U.S. efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization. TBIJ reports that from June 2004 through mid-September 2012, available data indicate that drone strikes killed 2,562–3,325 people in Pakistan, of whom 474–881 were civilians, including 176 children. TBIJ reports that these strikes also injured an additional 1,228–1,362 individuals.

The Obama administration denies that it has killed civilians, but bear in mind that it considers any male of military age a “militant.” This is not to be taken seriously.

The report goes on,

U.S. drone strike policies cause considerable and under-accounted-for harm to the daily lives of ordinary civilians, beyond death and physical injury.Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves.

It’s even worse than it sounds:

The U.S. practice of striking one area multiple times, and evidence that it has killed rescuers, makes both community members and humanitarian workers afraid or unwilling to assist injured victims. Some community members shy away from gathering in groups.

How can Americans tolerate this murder and trauma committed in their name? But don’t expect a discussion of this in Monday night’s foreign-policy debate. Mitt Romney endorses America’s drone terrorism.

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October 21, 2012 Posted by | Progressive Hypocrite, War Crimes | , , , | Leave a comment