Dick Cheney

New Film: Can Bush Be Prosecuted for Murder?

davidswanson — Wed, 18 Nov 2009 09:56:51 -0500

http://www.indiegogo.com/bush

http://www.prosecutionofbushmovie.com

Meet Vince Bugliosi at this event:

David Swanson: "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union"

Los Angeles, CA

November 23, 2009

At St. Bede's Church in Mar Vista at 7:30 p.m.

3590 Grand View Blvd., LA 90066 (Mar Vista)

Sponsored by:
CODEPINK: Women for Peace
Progressive Democrats of Los Angeles
Progressive Democrats of the Santa Monica Mountains
Westside Progressives
Winograd for Congress

CONTACT THE EVENT ORGANIZERS:

Ilene Proctor
proctor at anet dot net

Marcy Winograd
Winograd4congress at gmail dot com

KSM and MSM

davidswanson — Tue, 17 Nov 2009 12:17:08 -0500

By David Swanson

Khalid Shaikh Mohammed and the corporate "mainstream" media make quite a pair. We're hearing a very "balanced" debate over whether KSM should be tried in New York City, and whether the most insane objections to that proposal are really insane or not. But what are we not hearing?

We're not hearing that trying criminals for the crime of 9-11 ought to have been what we did years ago, rather than waging wars in response to a crime. We're not discussing the possibility that had alleged 9-11 criminals been tried years ago rather than being imprisoned and tortured together with hundreds of innocents depicted as subhuman monsters, the "war on terror" might have been replaced with simply the wars on Iraqis and Afghans and Pakistanis. What effect might that have had on Americans' willingness to surrender their Bill of Rights? We aren't hearing about that.

Aside from a column by my friend Ray McGovern, not of course published by the corporate media, what are we hearing or seeing about KSM's motive? Isn't motive a traditionally important element in a criminal investigation? We're told that putting KSM on trial would give him a platform for propaganda, but we're not told what that propaganda might be. If it were really so pernicious, why not expose it and refute it? Isn't that what societies that believe in free speech do with misguided speech? Don't they defeat it with more and better speech? Or is that only when it can be done without using the word "Israel"?

Outside of progressive blogs, we're not hearing that giving a somewhat fair, if less than speedy, trial to those most likely to plead guilty or be convicted, and a less fair military trial to others, and no trial at all to others still, reveals this show of justice to be a sham. If KSM were acquitted, President Obama would order him imprisoned outside the rule of law until he dies. If he is found guilty, as everyone universally expects, he may be officially murdered by the United States, motivating others to take up arms against a nation that wages and funds illegal wars, imprisons people without charge, tortures, kidnaps, renditions, and executes.

If the justice system is bent to ensure that KSM is convicted or permitted little opportunity to speak, will that bending have any permanent repercussions for our justice system? Or, to move in the other direction, having determined that "military justice" is not good enough for alleged mass murders, must we continue to pretend that it is good enough for members of the military? Can we not admit everyone into a single and improved justice system? We're not hearing that discussion.

An improved justice system would require the admission into court of videos of all confessions and interrogations. This would not include admissions made to a journalist prior to imprisonment, as in the case of KSM and Al Jazeera, but would include all interrogations since that time. And in KSM's case it might include video of the "interrogation" of his children. Years ago, allegations were made that the United States had tortured his children, including in little-heard-of manners, such as locking a child in a box with a supposedly deadly insect. More recently, secret memos emerged showing the United States to have authorized just those techniques. If this were a story about missing sex tapes, the media would be all over it. A story about the possible torture of children is far less interesting. It might open up difficult questions, such as whether someone who has been endlessly tortured, and whose children may have been tortured, can -- while still in the custody of the torturers -- give an un-coerced confession. Questions might even have to be asked about leniency in sentencing for someone who has already served time and been horribly tortured.

If this were a story about a singer or actor or athlete, we'd see investigations of the time KSM spent attending college in North Carolina. Why didn't the Americans he lived among persuade him of how horrible it would be to murder people in this country? Our media pundits are completely incapable of asking such a question without either blaming KSM's American acquaintances for his crimes or declaring KSM to be an inscrutable monster whose thinking is of absolutely no interest.

Other questions might be asked as well, such as why Dick Cheney and his supporters never talk about the two memos anymore. Remember the two memos that Cheney claimed would show that the torture of KSM and others revealed important information that saved lives. The memos are now public and show nothing of the sort. Nor was torture needed in order to prosecute KSM himself. In fact, as Marcy Wheeler has pointed out, the ability of the government to prosecute him without using evidence obtained through torture demonstrates that torture was not needed for that purpose. But why are we not talking about the two purposes torture actually serves? We know it does not produce useful information, but we also know that it produces desired lies, such as agreement to false rationales for war. And we know that it scares people, both people who fear they might be tortured and people who fear the wild beasts depicted as reachable only through torture.

As Glenn Greenwald has touched on, behaving as though terrorized, irrationally unable to believe an alleged terrorist can be held in a cell and tried in a court, is to give in to the terrorism. Worse, it is to advance it. More Americans are more terrorized following TV discussions of KSM's possible prosecution than were beforehand, because the voices on the TV promote the terror rather than the prosecution.

We are hearing about the need to avoid evidence obtained through torture. But at the same time we are hearing absolutely nothing about the need to prosecute the torturers and the creators of the torture program, at least one of whom, John Yoo, is given a platform as one of the disinterested media commentators in the MSM. This failure is an ideal way to create more KSMs. Why don't we talk about it?

David Swanson is the author of the new book "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union" by Seven Stories Press. You can order it and find out when tour will be in your town: http://davidswanson.org/book.

C-Span to Show David Swanson Book Event on Cable and Online Sunday Nov. 22nd 7:45 a.m. ET

davidswanson — Sun, 15 Nov 2009 22:28:10 -0500

C-Span's Book TV, which can be watched on cable television on C-Span 2 or online at http://www.booktv.org plans to air a book event they recorded when I was in Miami, Florida.

Here's more info.

They'd told me they would run about 90 minutes, and so that was -- I think -- about what I did, including opening remarks and questions and answers. But their website says they're showing 1 hr and 7 min, which makes me suspect that they cut something out, most likely some of the Q&A. That's unfortunate.

I expect it to be a good show, in any case, and remember it as a good event. Please tell everyone to watch, record it, spread the word. Thanks!

Here's more about the book: "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union."

Our Debt to Italy

davidswanson — Tue, 10 Nov 2009 13:56:02 -0500

By David Swanson

The United States of America owes much of the hope it has right now of remaining what John Adams called "a nation of laws, not men" to Italian law enforcement. Were it not for the fact that Italian prosecutors, unlike their American counterparts, answer to the law rather than a president, the enforcement of laws against a massive crime spree by U.S. officials (and their Italian accomplices) would not have begun.

In 2003, the CIA and the United States military kidnapped a man, a political refugee, in Italy. His name was Hassan Mustafa Osama Nasr, also known as Abu Omar. Our CIA agents spied on him from their luxury hotels and gourmet-meal lives in Milano (all paid for by U.S. tax payers). They were told to kidnap Nasr and send him to Egypt to be tortured, and they did so. According to recent statements by two of them, they knew perfectly well they were violating the law. But they were not worried enough at the time to refrain from discussing the matter on their cell phones as they enjoyed the dolce vita and racked up credit card bills wasting the same currency our government claims it has a moral duty not to waste on healthcare.

Nasr was indeed kidnapped, flown to Egypt, and tortured. His wife, Ghali Nabila, testified in Italian court for over six hours. In October 2004, she had been able to see him, briefly out of Egyptian prison. (He was eventually released years later.) Nabila said in court:

"I found him wasted, skinny - so skinny his hair had turned white, he had a hearing aid."

Ordered, against her will, to describe his torture, she said:

"He was tied up like he was being crucified. He was beaten up, especially around his ears. He was subject to electroshocks to many body parts."

Asked if that included genitals, she replied "Yes."

Nasr himself wrote in a letter smuggled out of prison and printed in the Italian newspaper Corriere della Sera:

"I was hung by my feet from the ceiling, my head down, my hands tied to my back, my feet tied up. I was subjected to electric shocks all over my body, especially in my head, nipples, testicles, and penis. My testicles where also beaten with a stick and squeezed tightly if I refused to answer their questions or was suspected of telling lies. They fixed my body to an iron door and on a wooden instrument they call the bride, where my hands where tied over my head from behind and my legs tied together or sometimes each leg on different sides. The torture that takes place during this is electric shocks, and beating with a shoe and cables."

Presidents Barack Obama and Silvio Berlusconi oppose prosecuting Americans or Italians for kidnapping this man and transporting him to his torturers. The U.S. Department of Justice will, therefore, not prosecute. In Italy, on the other hand, there is still some measure of law, law as a standard applied to all equally, without immunity for those with the power to commit the greatest crimes.

Last Wednesday, an Italian court convicted 22 CIA agents, including the CIA's current second ranking official Stephen Kappes, and one member of the U.S. Air Force. The prosecutor Armando Spataro has repeatedly asked the Italian government to issue an international arrest warrant and request extradition by the United States. It has not yet done so.

One of the convicted CIA agents, Sabrina De Sousa, openly admits that the kidnapping was illegal, but says that she feels betrayed by those who authorized the operation and failed to protect its participants from prosecution. De Sousa ignores Nuremberg Principle IV, which requires noncompliance with illegal orders or instructions:

"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

But De Sousa also has a point, one well exemplified at Nuremberg: Those at the bottom are not the most responsible. Those who must be held accountable first and foremost are the decision-makers at the top. And who authorized the policy of kidnapping people and shipping them off to be tortured? Three top U.S. officials have authorized rendition: Presidents Clinton, Bush, and Obama. And in this case, the presidents responsible were Bush and, almost certainly, Berlusconi.

For justice to reach to those highest levels and thereby deter the practice of kidnapping, under the name rendition, in the years ahead, justice must be permitted to proceed on the paths it has blazed thus far. Americans must make Italians aware of our gratitude for their efforts to save us from ourselves. And Italy must be compelled to obey its laws rather than its president on the question of issuing international arrest warrants and a demand for extradition. The 23 fugitives already can expect arrest if they visit any nation of Europe. They should not be free to roam the rest of the world.

By U.S. standards, Italy would be justified in kidnapping these fugitives and "rendering" them to Italian prisons. An extradition request would be a generous favor of a sort that the United States does not grant to others. Failure to take that step on behalf of the rule of law will put the blood of future rendition victims on the hands of the Italian as well as the American people.

Vi prego, i miei carissimi fratelli e sorelli, salvateci da noi stessi.

PS: One opportunity for Americans to force this issue in our own country will occur when Attorney General Eric Holder testifies before the Senate Judiciary Committee at 10 a.m. on November 18th in Dirksen room 226. We should ask Senator Sheldon Whitehouse, who claims to oppose torture, and Senator Patrick Leahy who chairs the committee, as well as Senator Russ Feingold and the rest of them to raise these issues, and be there to raise them ourselves.

Does Holder consider rendition legal. How does he distinguish it from kidnapping?

Will Holder extradite 23 figitives to Italy? Would he expect Italy to do the same?

Holder has accepted the instructions of the president not to prosecute top officials for known crimes. He needs to be grilled on that and informed that Congress will step up where he fails.

Holder is burying the OPR report (his departments own, years-old report on its authorization of torture), providing Congress with an excuse for inaction. He needs to be told to release it or watch it be subpoenaed and watch Congress proceed without using its delay as an excuse any longer.

In April Leahy asked top torture lawyer Jay Bybee to come in. He hasn't. Leahy needs to tell Holder that Bybee is being subpoenaed.

In April Holder testified on the House side and told me I'd be proud of my government -- When might I?

PPS: Speaking of the House side, Rep. Jay Inslee introduced this bill two years ago. This is the full text:

RESOLUTION
Directing the Committee on the Judiciary to investigate whether Alberto R. Gonzales, Attorney General of the United States, should be impeached for high crimes and misdemeanors.

Resolved, That the Committee on the Judiciary shall investigate fully whether sufficient grounds exist for the House of Representatives to impeach Alberto R. Gonzales, Attorney General of the United States, for high crimes and misdemeanors.

The momentum of cosponsors signing onto this bill was almost certainly a large factor in the decision to have Gonzales resign.

A similar resolution that would be of use now might read as follows:

RESOLUTION
Directing the Committee on the Judiciary to investigate whether Jay Bybee, former assistant Attorney General of the United States, should be impeached for high crimes and misdemeanors.

Resolved, That the Committee on the Judiciary shall investigate fully whether sufficient grounds exist for the House of Representatives to impeach Jay Bybee, former assistant Attorney General of the United States, for high crimes and misdemeanors.

Reasons to get this introduced:

The DOJ (and White House) have made clear they will not enforce the law.
We have very limited ability to influence them.
People all over the country who want a sign of hope and somewhere to put their energies that might have an actual impact could lobby for cosponsorship.
Cosponsorship of such a resolution would constitute a threat to expose secrets through a privileged impeachment hearing.
Such a threat would open up the possibility of committees using the power of subpoena as a lesser step.
A nation without laws cannot last.

####

CORRECTION: They did not prosecute Kappes.

Congress Must Stop Torture

davidswanson — Wed, 28 Oct 2009 11:18:33 -0400

A Call for Congress to Take Action on Torture
October 28th, 2009

ADD YOUR NAME TO THOSE OF 83 HUMAN RIGHTS GROUPS AND LEADERS AT
http://afterdowningstreet.org/stop

Whereas over seven years have passed since President George W. Bush fraudulently induced the U.S. congress, the American people, and the world into the illegal war in Iraq,

Whereas it is nearly five years since Specialist Darby revealed the photos of Abu Ghraib that showed us torture being committed by our government in our name,

Whereas further evidence of torture remains secret and has been hidden from the public, courts, and Congress to insulate the perpetrators from appropriate criminal liability,

Whereas over the past years we have campaigned about the illegality of this war and the need to prosecute the high-level civilian and military officials who put in place the torture,

Whereas, notwithstanding all the congressional hearings and reports so far on these matters, those officials have not been brought to justice,

Whereas a prosecutor has been appointed to address only a very small number, perhaps as few as three, of the crimes committed and none of the crimes "justified" by the clearly illegal torture memos,

Whereas the Department of Justice's limited investigation of torture threatens to invite more torture around the world by undermining the Nuremberg precedent,

Whereas the Attorney General of the United States, under the influence of the President, appears unwilling to follow the facts about the illegal war in Iraq and torture to the full extent of the law,

Whereas we as citizens of the United States do not accept the damage to our country's honor committed by these persons, the threats to the lives and well-being of our children and fellow citizens sent to illegal wars, and the transformation of our country from a beacon of liberty to a beacon of torture,

WE NOW CALL FOR ACTION:

1. We call on Congress to start impeachment proceedings against Judge Jay Bybee of the U.S. Circuit Court of Appeals for the Ninth Circuit, as it is unconscionable that one who encouraged violations of such fundamental laws as those against torture and aggressive war be trusted to apply and shape the law.

2. We call on congressional committees to subpoena those responsible for aggressive war and torture, including former president Bush, vice president Cheney, and other former senior officials complicit in war crimes; and to enforce those subpoenas through the Capitol Police, rather than the Department of Justice.

3. We call on state bar associations to begin the process of revoking the law licenses of those lawyers who put in place the legal analysis for the illegal war and the torture.

4. We call on state licensing authorities to begin the process of revoking the licenses of all other professionals who participated in the torture such as psychologists, psychiatrists and other doctors.

5. We call on the American people to contact their congressional representatives and insist that, on our watch, the high, who are the instigators of illegal wars and torture, will be brought low, and that low-level personnel will not be the only ones prosecuted for committing crimes authorized and encouraged by their superiors.

ADD YOUR NAME TO THOSE OF 83 HUMAN RIGHTS GROUPS AND LEADERS AT
http://afterdowningstreet.org/stop

Forward and Post Widely!

Help Stop Torture!

SIGNED BY:
Robert H. Jackson Steering Committee
Action Center For Justice
After Downing Street
AngryVoters.Org
Backbone Campaign
Bend-Condega Friendship Project
Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law
Berkeley Fellowship Unitarian Universalists Social Justice Committee
Bill of Rights Defense Committee
BuzzFlash.com
Campus Antiwar Network, Ole Miss
Center for Constitutional Rights
Chelsea Neighbors United to End the War, New York City
Chesapeake Citizens
Christiane Brown, The Solution Zone, KJFK
Citizens For Legitimate Government
CODE PINK: Women for Peace
Code Pink Portland
Marjorie Cohn, Professor, Thomas Jefferson School of Law
Collateral Repair Project
Consumers for Peace
Defending Dissent Foundation
Democracy for America - Tucson
Democracy for NYC
Democracy In Action (DIA)
Democrats.com
Democratic Activist blog
Docudharma
Eastside FOR
The Enviro Show,WXOJ-LP/WMCB
Global Network Against Weapons and Nuclear Power in Space
High Road for Human Rights
Humanists for Peace
IndictBushNow.org
Instruments For Peace
Jobs For Afghans
Justice Through Music
Liberty Tree Foundation
The Make America Again Project
Media With Conscience
Media Freedom Foundation/Project Censored
Meiklejohn Civil Liberties Institute
Nashville Peace Coalition
Nicole Sandler, RadioOrNot.com
NC Democrats Network
New York Metro Progressives
North Country Coalition for Justice and Peace
Northeast Impeachment Coalition
OpEdNews.com
Oregon PeaceWorks
Peace & Justice Forums, Billings, Montana
The People's Email Network
PoetsWest (Seattle)
Progressive Democrats of America
Progressives Democrats of New York, 14th CD
Progressive Democrats of the Santa Monica Mountains
PDA/DFA Progressive Democracy South Jersey
Progressive Democrats Sonoma County
The Progressive magazine
Rebublicans For Impeachment
Reclaim The GOP
RiseUpTampaBay.com
Sitkans for Peace and Justice
Squadron13.com
SUV Network (Seniors United for Victory)
ThisCantBeHappening.net
Topanga Peace Alliance
Topplebush.com
Transylvanians for Peace of Brevard, NC
True Blue Network
Uncommon Thought Journal
Velvet Revolution
VeteransAgainstTorture.com
Veterans For Peace Chapter 099
Veterans For Peace Chicago Chapter 26
Voices of Conscience
Voters for Peace
War Crimes Times
War Criminals Watch
Washington for Impeachment
Hazel Weiser, Executive Director Society of American Law Teachers -- SALT
Western North Carolina Stop Torture Now
Young Americans for Liberty at Ole Miss

ADD YOUR NAME TO THOSE OF 83 HUMAN RIGHTS GROUPS AND LEADERS AT
http://afterdowningstreet.org/stop

What Young People Can Do: David Swanson at Eckerd College in St. Petersburg (4 videos)

davidswanson — Wed, 14 Oct 2009 11:10:59 -0400

On October 13, 2009, David Swanson discussed his new book "Daybreak" and US politics and took questions from students at Eckerd College in St. Petersburg, FL. Video shot by Leonard Schmiege, candidate for St. Petersburg City Council.

More below!

Video: Rip-Roaring Event in Santa Fe Last Night With Ray McGovern, Ann Wright, Elliott Adams, David Swanson

davidswanson — Sun, 11 Oct 2009 15:45:39 -0400

David Swanson Plenary Santa Fe 10-10-09 from Gregory W Dugay on Vimeo.

More below the fold!

Ray McGovern Plenary Santa Fe 10-10-09 from Gregory W Dugay on Vimeo.

Ann Wright Plenary Santa Fe 10-10-09 from Gregory W Dugay on Vimeo.

Elliott Adams Plenary Santa Fe 10-10-09 from Gregory W Dugay on Vimeo.

Mateo Peixinho Plenary Santa Fe 10-10-09 from Gregory W Dugay on Vimeo.

Workshops earlier in the day:

David Workshop

Elliott Workshop

Ray Workshop

Ann Workshop

Dori Smith and David Swanson: great interview! 4 pm ET Today

davidswanson — Sat, 03 Oct 2009 11:43:44 -0400

Listen here: http://www.whus.org

Watch for podcast to be posted later today if you miss the original.

Camp at Cheney's House

davidswanson — Thu, 01 Oct 2009 17:42:41 -0400

Dick Cheney may be out of government, but not by much. He lives nextdoor to the CIA at 1126 Chain Bridge Road, McLean, Va. Here's a map: http://afterdowningstreet.org/node/39703

Please join a camp on Cheney's lawn this Friday, Sunday and Tuesday, October 2, 4, 6th. The Justice Department has failed thus far to indict this man who has confessed on television to authorizing torture and promoting and threatening aggressive war, and whose interview with the FBI on his outing of a CIA agent's identity as retribution for the debunking of war lies has just been ordered released by a court of law.

Bring your fishing poles to camp for some catch and release, and maybe even catch and indict. Contact: Cynthia Papermaster cynthia_papermaster@yahoo.com

NBC's Law and Order Depicts Fictional Prosecution of John Yoo, Dick Cheney, et al: Watch It Here:

davidswanson — Wed, 30 Sep 2009 09:31:30 -0400

Go HERE and click on Season 20, Episode 1, "Memo from the Dark Side." You can then watch it on Netflix, Amazon, iTunes, or iReel. Spread the word. Host a house party. Think about making this happen for real.