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May 01 A More Humane Canadian Seal Hunt? You decide.Dear Reader, This year the Canadian government promised a more humane hunt. They said “Canada’s seal hunt is humane, sustainable and responsible.” They lied. Thanks to your support, IFAW Hunt Observers have been on the ground and in the air documenting the hunt since it opened on the 28th of March. Only days into the hunt they have captured on camera instances where animals were shot and clearly left to suffer on the ice…in one case for over a minute. They have witnessed live seals being hooked and dragged across the ice. And in one of the more disturbing moments they watched as a sealer wrote an expletive on the ice while a recently clubbed seal behind him started to move...obviously still alive. Is this the Canadian government’s idea of a more humane hunt? Observing and documenting the hunt is not easy work. It means hours of anxiously scanning the gulf region looking for sealing boats - because the Department of Fisheries and Oceans won’t release specific coordinates of where hunting is taking place. It means watching hours of tape to make sure we document every violation that we captured on film. But without this footage the world would have no idea of the kind of cruelty really taking place. Please join with us in expanding the global community of activists needed to end the slaughter. Visit the seal blog today to read the latest diaries from IFAW monitors at the hunt. See the latest footage from the scene of the hunt and listen to IFAW monitors describe in their own words the cruelty they are documenting first hand. And if you can, please consider making a donation to help in the fight to end this cruel and senseless hunt. Of every dollar spent around the world by IFAW during the past three years, more than 83 cents went directly to animal welfare programs and institutional costs. Your gift enables IFAW to document the cruelty of the seal hunt, fight for more seal product bans in Europe, conduct vital research to help save seals and works to end the exploitation of animals around the world. The Canadian government will continue in their attempt to justify the seal hunt – both in Canada and abroad. But no matter how the truth is distorted, it cannot change the fact that the seal hunt is terribly cruel and unneccesary. Your support is today is more critical than ever. Thank you for standing with IFAW and with the seals. Sincerely, Fred O’Regan President and CEO P.S. Go to www.stopthesealhunt.org today for the latest news from the ice and to take action for the seals. April 19 Hoppy's StoryHoppy: The Story of Wolf 253
Wolf 253 was one of the first casualties as the federal government stripped Endangered Species protections for gray wolves in the northern Rockies. But this particular wolf was unique.
He was known by the nicknames of "Limpy" or "Hoppy," depending on who you talk to; the name comes from an old injury that left him crippled for life. His official designation was Wolf 253, part of the wolf population brought back from the verge of extinction in the Northern Rockies, and one of 1,500 gray wolves that lost federal protections in March when the federal government "delisted" wolves from the Endangered Species Act.
And on March 28, he was shot dead.
Hoppy wasn't just any old wolf. His distinctive gait, walking on three legs, made him one of the more easily recognized wolves in Yellowstone. Among his pack, too, he was unique: he was taller than Wolf 21, his father and the alpha male of the Druid pack that roamed the open fields in Yellowstone's Lamar Valley.
Wolf-watchers in the northern Rockies say Hoppy grew up charging after elk at the same speed as the rest of his pack, despite the injury that hobbled him as a pup. He played an important role in the Druid pack, tending to pups and defending the pack's main den from bears.
As a young male, Hoppy left the safety and security of the Druid pack and struck out on his own. He trotted south out of Yellowstone Park, and traveled across southern Wyoming until he crossed the Utah border. A trapper chasing coyotes in the mountains 20 miles from Salt Lake City caught Hoppy in one of his traps. It was November, 2002, and the first confirmed wolf sighting in Utah in 70 years.
Once, hundreds of thousands of wolves roamed the great expanse of the northern Rockies. Decimated by decades of unregulated slaughter and persecution, gray wolves were pushed to the brink of extinction. In 1973, gray wolves became one of the first animals to appear on the Endangered Species list. With the help of legal protections afforded by the Endangered Species Act, wolves in the northern Rockies had begun making a comeback when Hoppy arrived.
The wolf trapper called the US Fish and Wildlife, who sent a man down from Wyoming to fetch Hoppy. The injured wolf was loaded in the back of a truck and driven to the far northern stretches of Grand Teton National Park, where he was released back into the wild two days later.
"He was a hell of a wolf," recalls one veteran wolf-watcher. "After he was released with a hurt foot from the coyote trap, he crossed the territories of probably four hostile wolf packs in order to rejoin his old pack in Yellowstone Park."
No one witnessed Hoppy's reunion with the Druid pack; it happened under cover of darkness. But the next morning, when one avid wolf-watcher and local photographer spotted Hoppy back with his former pack, he was stunned.
"He was in bad shape," recalled the photographer. "Must've been down to two and a half legs."
Survival is a strong instinct, and so is the natural inclination of wolves to live in close-knit families and packs. Hoppy was welcomed back to the Druid pack, and resumed the life he'd known years before.
Eventually, Hoppy left the safety of Yellowstone and headed south again. He spent a year near an elk refuge near Jackson, then moved on toward Pinedale, feeding on elk, an occasional deer, and probably a smattering of jackrabbits and mice.
Hoppy must have known that elk could be found around man-made feeding grounds, where elk are concentrated and disease is easily transmitted. Hoppy was one of many wolves who preyed on elk grazing the land, helping keep the populations in check and thinning the herds of the sick and weak.
Hoppy had, however, crossed into Sublette County, where local grocery stores sell bumper stickers that read "Wolves — Government-sponsored terrorists!" Some ranchers and farmers don't hold much love for wolves, which they see only as predators… despite the fact that many animals are, by their very nature, predators. It's a brutal fact of nature. It's how they survive.
In the end, Hoppy's venture outside the safety of Yellowstone Park's official boundaries proved fatal. After eight years spent traveling over thousands of miles, he was shot — along with another male and a female wolf — near the elk feeding ground a few miles outside Daniel, Wyoming on March 28. He became one of the first casualties in a resurrected war against wolves that began the day the federal government stripped Endangered Species protections from gray wolves across the northern Rockies.
Hoppy's death was reported to the state, as required under new Wyoming wolf rules, and word of his killing quickly spread across the Internet. The Salt Lake City Tribune picked up the story, and talked with several people who were fans of the old wolf with the bum leg.
"He died for nothing," lamented Salt Lake City resident Marlene Foard. "If there was a reason to kill him, I could live with that. But there wasn't."
Another reader wrote in an e-mail, "I think they have no idea what they have done by killing this particular wolf."
And Franz Camenzind, executive director of the Jackson Hole Conservation Alliance, said people knew wolves had been hanging around the feeding ground, but none had been seen attacking cattle herds or destroying human property. As Camenzind told the Salt Lake City Tribune, Hoppy was "a good wolf. He covered thousands of miles and didn't cause any trouble."
Come fall, Wyoming, Idaho and Montana expect to approve formal, legalized wolf hunts. Right now, except for a small area just outside Yellowstone in Wyoming, all you need is just a gun and a steady aim to legally shoot a wolf.
But there's still hope for the rest of the wolves in the northern Rockies. In the past, Earthjustice has opposed several previous versions of Wyoming's plans to declare wolves enemies of the state, and this time around we're heading back to court to press for reinstating ESA protection for gray wolves in the region.
Our goal is to get the federal government to come up with a more realistic wolf recovery plan… something that recognizes recent science findings about a species that fought for 30 years to recover from nearly a century of devastating slaughter. The current plan could allow Idaho, Wyoming and Montana to hunt down wolves far and wide, and reduce a population of 1,500 wolves across three states to a mere 300 survivors.
Sadly, Hoppy won't be among their numbers. February 28 ACLU: 900,000 Names on US Terror Watch ListsPublished on Thursday, February 28, 2008 by ABC News
ACLU: 900,000 Names on US Terror Watch Listsby Justin Rood The FBI now keeps a list of over 900,000 names belonging to known or suspected terrorists, the American Civil Liberties Union said today. If that number is accurate, it would be an all-time high, exponentially more than the 100,000 names on the list several years ago. But the number needs to be taken with a grain of salt: after all, the ACLU doesn’t keep the list, the FBI does, and the bureau doesn’t generally like to talk about it. (Indeed, the FBI has not yet responded to a request for comment for this post.) But if the ACLU’s figure isn’t accurate, it’s also unlikely to be off by that much. Last September, the ACLU notes, the Department of Justice’s Inspector General reported the FBI watch list was at 700,000 names, and growing at 20,000 names per month. The ACLU says they “extrapolated” from those figures to determine the list’s current size. ACLU’s Barry Steinhardt added that the group had spoken privately with people familiar with the watch list, who told them the 900,000 figure was not outlandish. In the past, The FBI has told ABC News that the size of its watch list is classified. Despite that, both the bureau and the DoJ Inspector General have published the total figure in unclassified reports. There’s no doubt the FBI’s list is growing: just last June, ABC News reported it was at 509,000 names, based on information in an unclassified FBI budget document. But strangely, the list may be growing not because of swelling legions of foreign terrorists. Instead, it appears the FBI may be adding tens of thousands of names belonging to U.S. persons it suspects of being domestic terrorists — people who have no known ties to international terrorist organizations. A separate entity, the National Counterterrorism Center (NCTC), keeps a list of all names believed to belong to terrorists linked to international terror groups. That list, which was at 100,000 names in 2003, grew to 465,000 names by last June - but since then has grown only modestly, according to NCTC spokesman Carl Kropf. Today, Kropf said that list stands at roughly 500,000 names. (Unlike the FBI, the NCTC does not maintain that the size of its watch list is classified information.) The FBI takes that list and adds to it a new collection of names which belong to U.S. persons believed to be domestic terrorists: people who have links to terrorism but not to any international group. Last June, the NCTC was responsible for putting 465,000 names on the watch list, and the FBI appeared to add an additional 44,000. By September, extrapolating from the DoJ Inspector General’s report, the FBI’s contribution appears to have grown to somewhere north of 200,000 names. Today - if the ACLU is to be believed - the FBI’s contribution may be as high as 417,000 names. Which would raise a new question: Where are so many domestic terrorists coming from? Or do they simply use more aliases than foreign terrorists? Update: The FBI responded late Wednesday afternoon. Spokesman Chad Kolton did not dispute the ACLU’s figure, but noted that the watch list contains names, aliases and name variations for individuals. The number of people on the watch list, he said, was around 300,000, and only 5 percent are U.S. persons. Kolton noted that the list is “regularly reviewed for accuracy.” Last year the bureau removed 100,000 records “related to people cleared of any nexus with terrorism,” Kolton said. © 2007 ABC News February 18 Screw The Voters, Let The Superdelegates Decide!
Until now is then,
Peace, D. J. Razee Author/Artist/Activist Razee Ink http://www.razee.com/ razee@razee.com razeedotcom2008@aol.com razeeink@gmail.com razeeink@yahoo.com razeeink@hotmail.com ------------------------ Purchase your Razee Ink merchandise at Cafepress http://www.cafepress.com/razeeink ----------------------- http://www.youtube.com/user/RazeeInk http://www.myspace.com/razeeink http://razee.livejournal.com/ http://blog.360.yahoo.com/razeeink http://www.artwanted.com/Razee http://www.friendster.com/razeeink http://razeeink.spaces.live.com/ http://www.maniatv.com/tv/RazeeTV http://www.myartprofile.com/Razee http://www.dailymotion.com/RazeeTV -------------------- February 17 Save CO WildlifeHi, I just found out that the Bush/Cheney Administration has proposed weakening vital federal protections for more than 4 million acres of roadless areas in National Forests in Colorado, inviting new road construction, logging, oil and gas drilling, and other harmful development in some of the most beautiful wild places in the Rocky Mountains. These areas are home to imperiled lynx, moose, elk and other wildlife. These pristine lands are precious to hikers, hunters, anglers and people from Colorado and across the country who treasure Colorado's wild places. They also host watersheds that supply clean drinking water. Will you help me protect these special places? You can send a message opposing the plan online at: http://action.defenders.org/08coroadless Thanks for taking the time to help! February 14 Limbo for US Women Reporting Iraq AssaultsPublished on Wednesday, February 13, 2008 by The New York Times
Limbo for US Women Reporting Iraq Assaultsby James Risen WASHINGTON - Mary Beth Kineston, an Ohio resident who went to Iraq to drive trucks, thought she had endured the worst when her supply convoy was ambushed in April 2004. After car bombs exploded and insurgents began firing on the road between Baghdad and Balad, she and other military contractors were saved only when Army Black Hawk helicopters arrived. But not long after the ambush, Ms. Kineston said, she was sexually assaulted by another driver, who remained on the job, at least temporarily, even after she reported the episode to KBR, the military contractor that employed the drivers. Later, she said she was groped by a second KBR worker. After complaining to the company about the threats and harassments endured by female employees in Iraq, she was fired. “I felt safer on the convoys with the Army than I ever did working for KBR,” said Ms. Kineston, who won a modest arbitration award against KBR. “At least if you got in trouble on a convoy, you could radio the Army and they would come and help you out. But when I complained to KBR, they didn’t do anything. I still have nightmares. They changed my life forever, and they got away with it.” Ms. Kineston is among a number of American women who have reported that they were sexually assaulted by co-workers while working as contractors in Iraq but now find themselves in legal limbo, unable to seek justice or even significant compensation. Many of the same legal and logistical obstacles that have impeded other types of investigations involving contractors in Iraq, like shootings involving security guards for Blackwater Worldwide, have made it difficult for the United States government to pursue charges related to sexual offenses. The military justice system does not apply to them, and the reach of other American laws on contractors working in foreign war zones remains unclear five years after the United States invasion of Iraq. KBR and other companies, meanwhile, have required Iraq-bound employees to agree to take personnel disputes to private arbitration rather than sue the companies in American courts. The companies have repeatedly challenged arbitration claims of sexual assault or harassment brought by women who served in Iraq, raising fears among some women about going public with their claims. The issue gained national attention when Jamie Leigh Jones, a 23-year-old former employee of KBR, testified at a Congressional hearing in December that she had been gang-raped by co-workers in Iraq in 2005. She appeared again on Tuesday and talked in detail about the episode, urging lawmakers to make it easier for crime victims to sue employers. “Victims of crime perpetrated by employees of taxpayer-funded government contracts in Iraq deserve the same standard of treatment and protection governed by the same laws whether they are working in the U.S. or abroad,” she said. Since she spoke out publicly in December, other women have begun to step forward. Ms. Jones and her lawyers said 38 women who worked as contractors in Iraq, Kuwait and other countries had contacted her since she testified to discuss their own experiences. Now, Congressional leaders are seeking answers from the Pentagon, the State Department and other agencies to try to determine the scope of the threats facing women who are contractors. Paul Brand, a Chicago psychologist who counsels contractors who have served in Iraq, said the harassment of female workers by male colleagues was common. “The extent of the harassment varies greatly from contractor to contractor, depending on how diligently they screen job candidates and management’s willingness to encourage women to report problems,” he said. “In many instances, very little or nothing is done.” Comprehensive statistics on sexual assaults in Iraq are unavailable because no one in the government or the contracting industry is tracking them. Court documents, interviews with those who were victims, their lawyers and other professionals, along with the limited data made available by the Bush administration, suggest a troubling trend. The Criminal Investigation Command of the Army has reported that it investigated 124 cases of sexual assault in Iraq over the last three years. Those figures, provided to Senator Bill Nelson, the Florida Democrat who has taken the lead in the Senate on the issue, include cases involving both contractors and military personnel, but do not include cases involving contractors or soldiers investigated by other branches of the military. The Bureau of Diplomatic Security of the State Department has separately reported that it has investigated four cases of rape or sexual assault involving female contractors, including Ms. Jones’s case. But the Pentagon has so far failed to respond to a request from Mr. Nelson for more comprehensive data, including the number of rape examinations done by military doctors in Iraq on behalf of female contractors. What is more, the Bush administration has not offered to develop a coordinated response to the problem, aides to Senator Nelson and experts have said. Heather Browne, a spokeswoman for KBR, said the company would protect women working in Iraq. “KBR’s commitment to the safety and security of all employees is unwavering,” she said in a statement. “One instance of sexual harassment or assault is too many and unacceptable.” The company declined to say how many female employees had reported that they were victims of sex crimes in Iraq. The administration’s decision to rely so heavily on outside contractors - about 180,000 contractors work in Iraq, significantly outnumbering United States military personnel in the country - probably made it inevitable that contractor crime would emerge as a problem as the war dragged on. KBR, by far the largest military contractor in Iraq, says that it now has 2,383 women there, of a total work force of 54,170. A shooting in Baghdad last September involving Blackwater guards that left 17 Iraqis dead highlighted the lack of clarity in the laws governing contractors. In cases involving sexual assault, for example, soldiers and other military personnel can be prosecuted under the military justice system, but that system does not apply to contractors. Instead, a little-used law, the Military Extraterritorial Jurisdiction Act, seems to be the closest statute that could apply to contractors charged with rape, but its legal reach has been under wide debate since the Blackwater shootings. Women who worked as contractors in Iraq say that while on the job they encountered sexual discrimination and harassment, which sometimes veered dangerously to sexual assaults and even rapes. Linda Lindsey, of Houston, who worked for KBR in Iraq from 2004 until early 2007, said that she often saw evidence of sexual harassment or discrimination, and that male supervisors often tried to force female employees to grant sexual favors in exchange for promotions or other benefits. She added that the company’s management seemed unwilling to take action to improve working conditions for women in Iraq. “We filed complaints against one supervisor, and the complaints disappeared,” Ms. Lindsey said in an interview. “The impression you got was that they really didn’t want to hear it, because the money was coming in. Most of it was bad management on-site.” Pamela Jones, of Texas, a KBR logistics coordinator in Kuwait in 2003 and 2004, was sexually assaulted by a supervisor. “It was known that if you started complaining that you could lose your job,” said Ms. Jones, who added that she reported it to management. “They give you an 800 number to report. But then they shoved it under the rug, and they told me I was a pest.” She later won an arbitration award from KBR, according to her Houston lawyer, Peter Costea. Lawyers for women who have reported that they were raped or assaulted while working in Iraq say that one of the biggest obstacles they face is the arbitration requirement. That means that women who say they were victimized have had great difficulty taking KBR to court for failing to better protect its female employees in Iraq. KBR defended the arbitration process, saying it is fair. The fact that Ms. Kineston and Pamela Jones won awards is an indication that the system works, said Ms. Browne, the KBR spokeswoman. Jamie Leigh Jones said she had been fighting to get her case out of the arbitration process and into a federal court, and she testified before a House committee on Tuesday in support of the need to change the laws governing private arbitration. KBR says it “disputes Ms. Jones’s version of the incident she alleges.” After her Congressional testimony in December, she also testified before a federal grand jury in Florida, which has begun a criminal inquiry into her case more than two years after she first reported the rape. Her lawyer, Todd Kelly, says he believes that the government has finally been prodded into action only because of the public attention brought by her case. “Her case came out on television before they said anything about a grand jury,” he said. © 2008 The New York Times January 04 Cactus Jack Has Got Mail
October 18 Government Targets American Bloggers As Enemy PropagandistsMilitary, Homeland Security, Bush White House strategy sharpen knives against anyone critical of the "war on terror"
Paul Joseph Watson/Prison Planet.com | October 17 2006 Recent scientific polls that show around 84% don't believe the government's explanation behind 9/11 and others confirming the fact that support for the war in Iraq is at an all time low have led the Bush administration to sharpen their knives against the new breed of perceived "enemy propagandists," bloggers, journalists and online activists who dissent against the "war on terror." As Raw Story reports, CENTCOM announced earlier this year that a team of employees would be "[engaging] bloggers who are posting inaccurate or untrue information, as well as bloggers who are posting incomplete information." So when you're wasting your time arguing the finer points of the collapse of Building 7 or the quagmire in Iraq with someone who seems unable to grasp basic principles, your foe could well be sat behind a plush U.S. government desk in a uniform. CENTCOM is infiltrating blogs and message boards to ensure people, "have the opportunity to read positive stories,"presumably about how Iraq is a wonderful liberated democracy and the war on terror really is about protecting Americans. The CENTCOM website features a useful section, "What Extremists Are Saying," which provides a full catalogue and showcases the diatribes of US government agents Abu Mus’ab al-Zarqawi, Ayman al-Zawahiri and their sympathizers - rhetoric that CENTCOM hopes surfers will seek out in order for them to grasp a true understanding for the necessity of bombing the shit out of another broken backed defenseless country in the name of "freedom." The jaw-dropping hypocrisy of a regime and its military attack arm that has engaged in the most gargantuan of deceit and propaganda purges against the American people then pointing the finger at inquisitive bloggers for "aiding the enemy," is alarming to behold. The White House has made it perfectly clear that it will target American citizens for propagating information harmful to the interests of the U.S. government and classify them as enemy combatants. This is codified in sub-section 27 of section 950v. of the Military Commissions Act of 2006. Bush's own strategy document for "winning the war on terror" identifies "conspiracy theorists," meaning anyone who exposes government corruption and lies about major domestic and world events, as "terrorists recruiters," and vows to eliminate their influence in society. In a speech given Monday, Homeland Security director Michael Chertoff identified the web as a "terror training camp," through which "disaffected people living in the United States" are developing "radical ideologies and potentially violent skills." Chertoff has pledged to dispatch Homeland Security agents to local police departments in order to aid in the apprehension of domestic terrorists who use the Internet as a political tool. How long before influential online writers, bloggers and journalists like Greg Palast, who was charged with aiding the terrorists when filming "critical U.S. infrastructure," are arbitrarily gunned down on the street like in Russia or the newly "free" Iraq? The Bush administration's media mouthpieces have also been mobilized to stereotype any kind of critical thinking as "giving aid and comfort to the enemy," a recent case in point beingFox News' Bill O'Reilly calling for the FBI to investigate the 9/11 Scholars organization for possible ties to terrorist organizations. Will we witness a "night of the long knives" to silence any and all dissent as the official dictatorship is announced or does the chilling effect of simply threatening to treat bloggers and journalists as terrorists go far enough to intimidate enough people to keep their mouths shut? A combination of this chilling effect and moves to license websites, impose "hate speech" restrictions and kill off the old internet in favor of a government regulated, China-style "Internet 2" are the tools in the arsenal of the neo-fascists who wish to continue their domestic and imperial bloodletting under the mandated consensus of total obedience.
September 28 RazeeWear on Cafepress
September 25 Leaked Intelligence Report Rocks Bush Election Stance
September 24 Stop the Torturers Protection and Police State Act of 2006!The members of all immigration rights organizations, and everyone who opposes turning the US into a police state should deluge the US Congress with phone calls on Monday opposing the Military Commissions Act of 2006, S. 3901 and H.R. 6054 . This act, more correctly termed the Torturers Protection and Police State Act of 2006, emerged from the ”compromise” on detainee treatment. In fact it is simply what the Administration asked for in the first place. It accomplishes two tasks of great importance to the Administration. First, it gives amnesty to all those who have ordered and committed torture, right up to President Bush himself. At present, violations of the Geneva Conventions, including their prohibitions against torture and “inhuman and degrading treatment” of detainees, is prohibited by the War Crimes Act. Since Bush, Cheney, Rumsfeld and those who carried out their orders have grossly violated the Geneva Conventions, they are subject to the punishments of the War Crimes Act. But the Military Commissions Act would gut the War Crimes Act; redefining violations of Geneva Conventions and torture to exclude the crimes that Bush and others have committed. The gross abuses committed at Abu Ghraib, for example, would no longer be punishable under the War Crimes Act, nor would water-boarding and or any of the other tortures ordered by Bush and others. It is, as the Washington Post wrote, a “get-out-of-jail card” for all who have committed these heinous crimes. Equally important, the Military Commissions Act would give explicit Congressional approval to the Administration’s doctrine of enemy combatants. It would allow the President to order the detention of ANYONE ANYEHRE in the world (except US citizens) and to hold them indefinitely without any possibly of court review. In particular it would prohibit the use of habeas corpus motions for anyone the President designated, including all those at Guantanamo. This means that any immigrant in the United States, including green-card holders, would be stripped of EVERY right and be subject to life imprisonment at the whim of the President. Do not be fooled that if this laws passes it will not be used. And, of course, since the Administration does not discriminate between citizens and non-citizens in its use of the “enemy combatant doctrine", it leaves the door open to indefinite detention without trial of citizens as well—the imposition of a police state. This atrocious bill can be stopped. But we must absolutely overwhelm Congress with our protests. Let every Senator and Representative know that if they vote for this bill, or in the Senate, allow it to come to a vote, they will be held responsible for letting torturers and war criminals go free and for destroying the basis for democracy in the US. Tell your Senator to prevent S.3901 from coming to a vote! Tell your representative to vote against HR 6054! Please re-post this appeal to your own organizational lists.
Eric Lerner NJ Civil rights Defense Committee Senate-White House compromise sanctions CIA torture of detaineesWorld Socialist Web Site www.wsws.org WSWS : News & Analysis : North America Senate-White House compromise sanctions CIA torture of detainees By Joe Kay and Barry Grey 23 September 2006 The Bush administration and Republican senators agreed Wednesday night on legislation that sanctions secret CIA prisons and permits abusive interrogation methods that violate the Geneva Conventions and other international and domestic anti-torture statutes. The bill also gives congressional approval for military commissions that strip Guantánamo detainees of basic due process rights, while denying them the elementary right to seek redress from arbitrary imprisonment through the filing of habeas corpus suits in US courts. With this agreement, the US Congress is preparing to give its official imprimatur to the use of barbaric methods historically associated with military and fascist dictatorships, as well as the repudiation of democratic principles that go back to the Magna Carta of 1215. The Bush administration is determined to obtain passage of the measure before Congress adjourns next week in advance of the November midterm elections. In the absence of any significant opposition from the Democratic Party, the agreement reached between the White House and a trio of Republican senators who opposed the administration’s initial draft represents another milestone in the disintegration of American democracy. It demonstrates yet again the absence of any serious commitment to democratic rights within any section of the political establishment or either of the two major parties. Both sides in the tussle over the terms of the bill hailed the agreement. Arizona Senator John McCain, one of the original opponents of the Bush-backed proposal, declared that the agreement “gives the president the tools that he needs to continue to fight the war on terror,” while “the integrity and spirit of the Geneva Conventions have been preserved.” CIA Director Michael Hayden said that if the compromise becomes law, “Congress will have given us the clarity and the support that we need to move forward with a detention and interrogation program.” From the beginning, the objections of the Republican senators who opposed the administration’s version—McCain, John Warner of Virginia and Lindsey Graham of South Carolina—were not based on a principled defense of international law or democratic rights. The main concern of the senators, and significant elements within the military establishment for whom they spoke, was to authorize the CIA program of detention and abuse without explicitly repudiating—or as Bush put it, “clarifying”—the Geneva Conventions. The senators succeeded in shifting the administration’s position in this regard, but the changes they obtained were almost entirely cosmetic. The substance of the administration’s bill remains essentially intact. “We proposed a more direct approach to bringing clarification,” Dan Bartlett, counselor to the president, said on Thursday. “This one is more of the scenic route, but it gets us there.” In a fairly blunt assessment of the agreement, the Washington Post editorialized Friday, under the headline “The Abuse Can Continue:” “In effect, the agreement means that US violations of international human rights law can continue as long as Mr. Bush is president, with Congress’ tacit assent... Mr. Bush wanted Congress to formally approve these practices and to declare them consistent with the Geneva Conventions. It will not. But it will not stop him either, if the legislation is passed in the form agreed on yesterday. Mr. Bush will go down in history for his embrace of torture and bear responsibility for the enormous damage that has caused.” Gutting the Geneva Conventions and the War Crimes Act The administration had wanted a section that would redefine US obligations under Common Article 3 of the Geneva Conventions. This was in response to a Supreme Court ruling in June that declared Bush’s military commissions unconstitutional and stated that all prisoners in US custody had to be held in accordance with Common Article 3, which prohibits “outrages upon personal dignity, in particular, humiliating and degrading treatment.” The administration’s original bill would have said, in effect, that the US interprets Common Article 3 to allow for the various torture methods used by the CIA. The new version does not include this language. Instead, it circumvents Common Article 3 of the Geneva Conventions by amending the US law, called the War Crimes Act, which enforces the provisions of the Geneva Conventions and other international treaties. The War Crimes Act currently defines as a war crime any violation of Common Article 3. But the new legislation will amend the War Crimes Act to allow for virtually any technique short of the infliction of extreme physical pain leading to death or permanent debilitating injury. In particular, the act will decriminalize methods that inflict pain which is not “extreme,” allow the impairment of bodily members or organs which is not “protracted,” and sanction methods that lead to cuts, abrasions or bruises. In addition, the compromise measure states: “The president has the authority for the Untied States to interpret the meaning and application of the Geneva Conventions.” This gives the president the power to authorize the techniques used by the CIA and declare that they are not war crimes. As Caroline Frederickson, director of the American Civil Liberties Union’s Washington office noted, “The proposal would make the core protections of Common Article 3 of the Geneva Conventions irrelevant and unenforceable. It deliberately provides a ‘get-out-of-jail-free card’ to the administration’s top torture officials...” The compromise also states that “no foreign or international sources of law shall supply a basis for a rule or decision in the courts of the United States in interpreting the prohibitions enumerated” in the War Crimes Act—thus placing the US outside the authority of any international body that might determine that the US interpretation is a violation of the Geneva Conventions. A central aim of these sections—which are retroactive to 1997—is to provide immunity to US officials, from Bush on down, who have ordered torture and will continue to do so in the future. The Geneva Conventions require signatories to prosecute those who order violations to be carried out, as well as those who commit them. Francis Boyle, professor of international law and human rights at the University of Illinois, told the World Socialist Web Site that whatever language the bill might contain, it cannot override international law. “Any member of the United States Congress who votes for this act will be authorizing war crimes in violation of the Geneva Conventions of 1949, the Hague regulations of 1907, and the US War Crimes Act of 1996,” he said. “They will therefore become war criminals themselves.” Boyle noted that the Nuremberg trials of Nazi leaders rejected the argument that domestic law can be used as an excuse for violating international criminal law. “To find a piece of legislation as bad as this one,” he added, “you would have to go back to the laws passed under Nazi Germany.” Evidence obtained through torture Along with the authorization of torture, the compromise bill would allow evidence obtained through coercion to be introduced in the military commissions that the legislation establishes. While the bill nominally bans evidence obtained by torture, this is purely a formality since torture is defined so narrowly. Thus, prisoners deemed to be “enemy combatants” can be tortured and “evidence” thus obtained can be used in kangaroo military courts to convict and execute them, or prosecute other “enemy combatants.” The compromise measure states explicitly that the Geneva Conventions will not create any enforceable rights for the individuals under US control. It also states that no court will be allowed to hear a habeas corpus or other lawsuit that is brought by any “enemy combatant” under US custody. This provision would apply retroactively to 2001, and would therefore throw out the hundreds of cases brought by Guantánamo Bay detainees that are currently in the courts. The measure codifies the category of “enemy combatant”—a category that the Bush administration has used to justify the holding of prisoners indefinitely and without charge. The denial of due process rights guaranteed by the Constitution is one of the most significant aspects of the compromise, since it creates a class of prisoners who have no legal rights. Professor Boyle noted that this is one of the principal foundations of a totalitarian state. He quoted Hannah Arendt’s comment in her book, The Origins of Totalitarianism, that “The first essential step on the road to total domination is to kill the juridical person in man.” Finally, the bill establishes various procedures for the military commissions. The administration conceded some points on the question of secret evidence. The administration’s version would have allowed such evidence with virtually no constraints. The compromise allows for classified information to be withheld, but states that “to the extent practicable” the judge must provide an unclassified, summarized version of that which is withheld. This provision remains in dispute, however, with Republicans in the House of Representatives pushing for language that would give freer reign for secret evidence. The agreement also allows the use of hearsay evidence beyond what is admissible in normal military courts-martial hearings. The secret evidence compromise was modified under the pressure of the Republican senators, particularly Lindsey Graham, who argued that the administration’s version would have great difficulty getting past the Supreme Court. The Court ruled in June that aspects of the military commissions established by Bush were unconstitutional, including the use of secret evidence. The largely cosmetic changes to Bush’s torture bill contained in the compromise measure will do nothing to repair the shattered moral and political credibility of the United States around the world. The flouting of international law and evisceration of constitutional guarantees flows organically from the nature of the imperialist policy of the US government, a policy that is supported by the entire political establishment. A policy of war and aggression is inextricably bound up with the use of brutal methods and the destruction of democratic rights. It can be stated with certainty that the Democrats will provide whatever votes are necessary to get this legislation passed, provided that the Republican agreement holds. Throughout the debate, the Democrats have played an utterly cowardly and complicit role, sitting on the sidelines while the disagreements between the Republicans were worked out. The Democratic Party leadership has made clear that it will not oppose any of the measures implemented by the administration under the pretext of the “war on terror” and “national security.” Democratic Senate Minority Leader Harry Reid signaled his support for the compromise measure worked out between the White House and the Senate Republicans, saying, “Five years after September 11, it is time to make the tough and smart decisions to give the American people the real security they deserve.” DiaBLOGical Live SpacesThe Confessions of a Political and Literary Mind
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