By Carol Rosenberg
April 5, 2010
WASHINGTON — A federal judge has dismissed more than 100 habeas corpus
lawsuits filed by former Guantánamo captives, ruling that because the Bush and
Obama administrations had transferred them elsewhere, the courts need not decide
whether the Pentagon imprisoned them illegally.
The ruling dismayed attorneys for some of the detainees who’d hoped any favorable
U.S. court findings would help clear their clients of the stigma, travel restrictions
and, in some instances, perhaps more jail time that resulted from their stay
U.S. District Judge Thomas F. Hogan wrote that he was "not unsympathetic"
to the former detainees’ plight. "Detention for any length of time can
be injurious. And certainly associations with Guantánamo tend to be negative,"
But the detainees’ transfer from Guantánamo made their cases moot. "The
court finds that petitioners no longer present a live case or controversy since
a federal court cannot remedy the alleged collateral consequences of their prior
detention at Guantánamo," he wrote.
Hogan’s ruling, issued last Thursday, but not widely publicized, closed the
files on 105 habeas corpus petitions, many of which had been pending for years
as the Bush administration resisted the right of civilian judges to intervene
in military detentions. The U.S. Supreme Court resolved that issue in 2008,
ruling in Boumediene v. Bush that the detainees could challenge their captivity
in civilian court. Since then, judges have ordered the release of 34 detainees
while upholding the detention of 12.
Attorneys for… Continue reading
By Scott Shane
April 6, 2010
WASHINGTON — The Obama administration has taken the extraordinary step of authorizing the targeted killing of an American citizen, the radical Muslim cleric Anwar al-Awlaki, who is believed to have shifted from encouraging attacks on the United States to directly participating in them, intelligence and counterterrorism officials said Tuesday.
Mr. Awlaki, who was born in New Mexico and spent years in the United States as an imam, is in hiding in Yemen. He has been the focus of intense scrutiny since he was linked to Maj. Nidal Malik Hasan, the Army psychiatrist accused of killing 13 people at Fort Hood, Tex., in November, and then to Umar Farouk Abdulmutallab, the Nigerian man charged with trying to blow up a Detroit-bound airliner on Dec. 25.
American counterterrorism officials say Mr. Awlaki is an operative of Al Qaeda in the Arabian Peninsula, the affiliate of the terror network in Yemen and Saudi Arabia. They say they believe that he has become a recruiter for the terrorist network, feeding prospects into plots aimed at the United States and at Americans abroad, the officials said.
It is extremely rare, if not unprecedented, for an American to be approved for targeted killing, officials said. A former senior legal official in the administration of George W. Bush said he did not know of any American who was approved for targeted killing under the former president.
But the director of national intelligence, Dennis C. Blair, told a House hearing in… Continue reading
April 6, 2010
from the FAS Project on Government Secrecy
Volume 2010, Issue No. 27
April 6, 2010
Secrecy News Blog: http://www.fas.org/blog/secrecy/
The U.S. Army is still struggling to come to grips with the unusually high rate of suicide within its ranks.
“The Army ratios are above the national average and in some months recently, there have been more suicides in the Army than combat deaths in Iraq and Afghanistan,” observed Nancy Youssef of McClatchy News last week. “There is no pattern to suicides. One third who commit suicide have never served in combat; another third commit suicide while in combat; and yet another third do it once they return, according to Army statistics.”
Secretary of the Army John M. McHugh issued two directives on March 26 that are intended to further an understanding of the problem and to improve the availability of information to surviving family members.
Effectively immediately, all suspected suicides will be subject to an official (AR 15-6) investigation, the purpose of which is “to identify the circumstances, methods, and the contributing factors surrounding the event…. The completed investigation should provide clear, relevant, and practical recommendation(s) to prevent future suicides,” according to Army Directive 2010-01 (pdf).
A second Army directive (pdf) provided guidance for reporting (and redacting) information to be provided to family members, who are to be “kept fully informed while the investigation is underway.”
Although national security, third-person privacy and other FOIA-exempt information may be withheld, “the release authority cannot withhold information merely… Continue reading
March 31, 2010
From the Huffington Post:
In anticipation of a final announcement as to the trial venue for the 9/11 plotters, September 11th Families for Peaceful Tomorrows is warning the president against “buckling to political pressure,” calling the use of military tribunals the “wrong thing to do.”
In a nearly four-minute long video, Donna Marsh O’Connor — a Peaceful Tomorrows member who lost her pregnant daughter when the Twin Towers collapsed — speaks both to the broad notion that America has a “historic commitment to justice” and, more narrowly, to the horse-trading politics that now surround terrorist trials. Reflecting disappointment with recent signals from the White House, O’Connor calls specifically for the president to reject a reported compromise proposal with Sen. Lindsey Graham (R-S.C.) in which the administration would drop plans for civilian trials in exchange for Republican support for the closure of Gitmo.
“As 9/11 families, we have suffered greatly and waited almost nine years to see justice done with our own eyes,” O’Connor says. “We understand that you face political pressure to back down. We ask that you do not allow fear and prejudice to govern your decision as we are not afraid. We know our country is strong enough to hold on to our values in the face of terrorism.”
The video follows other efforts from Peaceful Tomorrows to advocate for civilian trials for the 9/11 suspects.
by Jason Leopold
The Justice Department has quietly recanted nearly every major claim the Bush administration had made about “high-value” detainee Abu Zubaydah, a Guantánamo prisoner who at one time was said to have planned the 9/11 attacks and was the No. 2 and 3 person in al-Qaeda.
Additionally, Justice has backed away from claims intelligence officials working in the Clinton administration had also leveled against Zubaydah, specifically, that he was directly involved in the planning of the 1998 embassy bombings in East Africa.
Zubaydah’s name is redacted throughout the 109-page court document, but he is identified on the first page of the filing by his real name, Zayn Al Abidin Muhammad Husayn. He was the first detainee captured after 9/11 who was subjected to nearly a dozen brutal torture techniques, which included waterboarding, and was the catalyst, the public has been told, behind the Bush administration’s “enhanced interrogation” program. Former Vice President Dick Cheney has publicly admitted that personally approved of Zubaydah’s waterboarding.
His torture was videotaped and the tapes later destroyed. The destruction of 90 videotapes of his interrogations is the focus of a high-level criminal investigation being conducted by John Durham, a federal prosecutor appointed special counsel in 2008 by then-Attorney General Michael Mukasey.
In recent months, former Bush speechwriter Marc Thiessen has been on a public relations campaign promoting his book, “Courting Disaster,” in which he defended the torture of Zubaydah, claiming, among other things, that he reviewed classified intelligence that revealed Zubaydah’s torture produced actionable intelligence… Continue reading
by Philip Giraldi
April 1, 2010 edition of American Conservative
Even in World War II, the United States did not attempt to assassinate U.S. citizens who went over to the enemy, but that has now changed with President Obama’s overseas contingency operations. On Feb. 3, Director of National Intelligence Dennis Blair told the House Intelligence Committee that the United States government has developed procedures for killing American citizens abroad who are “involved” with groups threatening to carry out terrorist acts directed against other Americans. Three U.S. citizens have already been approved by the White House for summary execution as soon as actionable intelligence is developed to enable a pilotless drone’s hellfire missiles to do the killing. One is Yemeni cleric Anwar al-Aulaqi; the second is American al-Qaeda member Adam Perlman, who goes under the name Adam Yahiye Gadahn; and the third is believed to be a Somali from Minnesota who has joined the al-Qaeda affiliate al-Shabab in the Horn of Africa. Anwar al-Aulaqi, linked in the media to the Christmas underwear bombing and with Major Malik Nadal Hasan, the Fort Hood shooter, has denied any involvement in either incident. Perlman, a propagandist for al-Qaeda, is in Waziristan. Killing these men would involve using military drones to attack targets in three countries with which the United States is not at war.
The Fifth and Sixth Amendments to the U.S. Constitution guarantee a citizen due process and a public trial, as well as the right to confront his accuser. The Obama administration… Continue reading
March 5, 2010
By MIKE ROBINSON
AP Legal Affairs Writer
The Daily Journal
CHICAGO (AP) — A federal judge refused Friday to dismiss a civil lawsuit accusing former Defense Secretary Donald Rumsfeld of responsibility for the alleged torture by U.S. forces of two Americans who worked for an Iraqi contracting firm.
U.S. District Judge Wayne R. Andersen’s ruling did not say the two contractors had proven any of their claims. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.
Andersen said his decision “represents a recognition that federal officials may not strip citizens of well settled constitutional protections against mistreatment simply because they are located in a tumultuous foreign setting.”
Andersen did throw out two of the lawsuit’s three counts but gave former contractors Donald Vance and Nathan Ertel the green light to go forward with a third count alleging they were unconstitutionally tortured under procedures personally approved by Rumsfeld.
In Washington, Justice Department spokesman Charles Miller said by telephone only that the department, which is representing Rumsfeld in the suit, “is reviewing the court’s decision.”
Vance and Ertel were described by their attorney, Mike Kanovitz of Chicago, as being in their early thirties. He said the two Americans went to Iraq in the fall of 2005 to work for the Iraqi-owned contracting firm of Shield Group Security.
The suit filed in 2006 alleges that while working for the company they saw fellow employees making payments to “certain Iraqi sheikhs” and… Continue reading
February 25, 2010
By Paul Craig Roberts
The Washington Times is a newspaper that looks with favor upon the Bush/Cheney/Obama/neocon wars of aggression in the Middle East and favors making terrorists pay for 9/11. Therefore, I was surprised to learn on February 24 that the most popular story on the paper’s website for the past three days was the “Inside the Beltway” report, “Explosive News,” about the 31 press conferences in cities in the US and abroad on February 19 held by Architects and Engineers for 9/11 Truth, an organization of professionals which now has 1,000 members.
I was even more surprised that the news report treated the press conference seriously. How did three World Trade Center skyscrapers suddenly disintegrate into fine dust? How did massive steel beams in three skyscrapers suddenly fail as a result of short-lived, isolated, and low temperature fires? “A thousand architects and engineers want to know, and are calling on Congress to order a new investigation into the destruction of the Twin Towers and Building 7,” reports the Washington Times.
The paper reports that the architects and engineers have concluded that the Federal Emergency Management Agency and the National Institute of Standards and Technology provided “insufficient, contradictory and fraudulent accounts of the circumstances of the towers’ destruction” and are “calling for a grand jury investigation of NIST officials.”
The newspaper reports that Richard Gage, the spokesperson for the architects and engineers said: “Government officials will be notified that “Misprision of Treason,’ U.S. Code… Continue reading
February 17, 2010
Contact: press [at] ccrjustice.org
New York — Yesterday evening, the district court in Washington, D.C. ruled against two men who died in Guantánamo in June 2006 and their families in a case seeking to hold federal officials and the United States responsible for the men’s torture, arbitrary detention and ultimate deaths at Guantánamo.
Following a two-year investigation, the military concluded that the men had committed suicide. Recent first-hand accounts by four soldiers stationed at the base at the time of the deaths, however, raise serious questions about the cause and circumstances of the deaths, including the possibility that the men died as the result of torture.
In dismissing the case, the district court ruled that the deceased’s constitutional claims that it was a violation of due process and cruel treatment to detain them for four years without charge while subjecting them to inhumane and degrading conditions of confinement and violent acts of torture and abuse, could not be heard in federal court. The men were held on the basis of an “enemy combatant” finding by a Combatant Status Review Tribunal later found by the Supreme Court itself to be inadequate.
The district court held that the claims were barred by a jurisdiction-stripping provision of the 2006 Military Commissions Act that bars any challenge by a Guantánamo detainee to their treatment, conditions, or any other aspect of their detention, while failing to address the plaintiffs’ arguments about the unconstitutionality of the provision itself. The court also dismissed the deceased’s claims under the Alien Tort Claims Act, following a holding by the D.C.…Continue reading
February 9, 2010
A reader asked whether the U.S. is still in an official state of emergency,
and if so, what that means.
The answer is yes, we are still in a state of emergency.
On September 11, 2001, the government declared a state of emergency. That
declared state of emergency was formally put
in writing on 9/14/2001:
"A national emergency exists by reason of the terrorist attacks at
the World Trade Center, New York, New York, and the Pentagon, and the continuing
and immediate threat of further attacks on the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America,
by virtue of the authority vested in me as President by the Constitution
and the laws of the United States, I hereby declare that the national emergency
has existed since September 11, 2001 . . . ."
That declared state of emergency has continued in full force and effect
from 9/11 [throughout the Bush administration] to the present.
On September 10 2009, President Obama continued the state of emergency:
The terrorist threat that led to the declaration on September 14, 2001,
of a national emergency continues. For this reason, I have determined that
it is necessary to continue in effect after September 14, 2009, the national
emergency with respect to the terrorist threat.
Does a State of Emergency Really Mean Anything?
Does a state of emergency really mean anything?
Yes, it does:
January 10, 2010
by Tom Burghart
New revelations about the failed Christmas Day attack on Northwest Airlines Flight 253 continue to emerge as does evidence of a systematic cover-up.
With the White House in crisis mode since the attempted bombing, President Obama met for two hours January 5 with top security and intelligence officials. Obama said that secret state agencies “had sufficient information to uncover the terror plot … but that intelligence officials had ‘failed to connect those dots’,” The New York Times reports.
The latest iteration of the “dot theory” floated by the President, aided and abetted by a compliant media, claims “this was not a failure to collect intelligence” but rather, “a failure to integrate and understand the intelligence that we already had.”
“Mr. Obama’s stark assessment that the government failed to properly analyze and integrate intelligence served as a sharp rebuke of the country’s intelligence agencies,” declared the Times uncritically.
While the President’s remarks may have offered a “sharp [rhetorical] rebuke,” Obama’s statement suggests that no one will be held accountable. Indeed, the President “was standing by his top national security advisers, including those whose agencies failed to communicate with one another.”
While the President may be “standing by” his national security advisers, the question is, are the denizens of America’s secret state standing by him? One well-connected Washington insider, MSNBC pundit Richard Wolffe, isn’t so sure.
Wolffe, the author of a flattering portrait of Obama, Renegade: The Making of a President, when asked… Continue reading
January 8, 2010
American civilian and military leaders have been creating new terrorists through
(1) Use of torture
(2) Killing of innocent civilians- especially children – in Arabic countries.
A high-level American Special Ops interrogator says that information obtained
from torture is unreliable, and that torture just creates more terrorists. Indeed,
he says that torture of innocent Iraqis by Americans is the main reason
that foreign fighters started fighting against Americans in Iraq in the
A former FBI interrogator — who interrogated Al Qaeda suspects — says categorically
does not help collect intelligence. On the other hand he says that
torture actually turns people into terrorists.
A 30-year veteran of CIA’s operations directorate who rose to the most
senior managerial ranks, says:
“This is not just because the old hands overwhelmingly believe that torture
doesn’t work — it doesn’t — but also because they know that torture
creates more terrorists and fosters more acts of terror than it could possibly
Former counter-terrorism czar Richard A. Clarke says that America’s indefinite
detention without trial and abuse of prisoners is a leading Al Qaeda recruiting
Torture puts our troops in danger, torture makes our troops less safe, torture
creates terrorists. It’s used so widely as a propaganda tool now in Afghanistan.
All too often, detainees have pamphlets on them, depicting what happened at
The Senate Armed Services Committee unanimously found:
“The administration’s policies concerning [torture] and the resulting controversies
… strengthened the hand of our enemies.”
Two professors of political science have demonstrated that torture increases,
rather than decreases, terrorism.…
by David Edwards and John Byrne
As noted below, a Giuliani spokesman “clarified” the mayor’s statement later in the day, arguing that the mayor meant no attacks after 9/11.
“Whatever the mayor meant, it’s not what he said,” Stephanopoulos wrote on his ABC blog. “All of you who have pointed out that I should have pressed him on that misstatement in the moment are right. My mistake, my responsibility.”
Original story follows below
The former New York City mayor who has sometimes been mocked for using “a noun, a verb and 9/11″ in stump speeches appears to have forgotten — or has mentally reclassified — the worst terrorist attack on American soil. “We had no domestic attacks under Bush,” Rudy Giuliani told ABC’s George Stephanopoulos Friday.
Even if Giuliani doesn’t consider the attacks on 9/11 a “domestic” attack then surely he forgot about the anthrax attacks of 2001 or an Egyptian national who attacked the El Al ticket counter at Los Angeles International Airport in 2002.
While ABC’s George Stephanopolous let Giuliani get away with his misstatement both during the interview and on his blog, ABC’s Jake Tapper called the former mayor out.…Continue reading
January 6, 2010
by Ray McGovern & Coleen Rowley
Yesterday, a blogger with the PBS’ NewsHour asked former CIA analyst Ray McGovern to respond to three questions regarding recent events involving the CIA, FBI, and the intelligence community in general.
Two other old intelligence hands were asked the identical questions, queries that are typical of what radio/TV and blogger interviewers usually think to be the right ones. So there is merit in trying to answer them directly, such as they are, and then broadening the response to address some of the core problems confronting U.S. counter-terror strategies.
After drafting his answers, McGovern asked former FBI attorney/special agent Coleen Rowley, a colleague in Veteran Intelligence Professionals for Sanity (VIPS) to review his responses and add her own comments at the end. The Q & A is below:
Question #1 – What lapses in the American counter terrorism apparatus made the Christmas Day bombing plot possible? Is it inevitable that certain plots will succeed?
The short answer to the second sentence is: Yes, it is inevitable that “certain plots will succeed.” A more helpful answer would address the question as to how we might best minimize their prospects for success. And to do this, sorry to say, there is no getting around the necessity to address the root causes of terrorism or, in the vernacular, “why they hate us.”
If we don’t go beyond self-exculpatory sloganeering in attempting to answer that key question, any
“counter terrorism apparatus” is doomed to failure.… Continue reading
by James Ridgeway Published by Mother Jones
Scan, baby, scan. That’s the mantra among politicians at all levels in the wake of the thwarted terrorist attack aboard a Detroit-bound passenger jet. According to conventional wisdom, the would-be “underwear bomber” could have been stopped by airport security if he’d been put through a full-body scanner, which would have revealed the cache of explosives attached to Umar Farouk Abdulmutallab’s groin.
Within days or even hours of the bombing attempt, everyone was talking about so-called whole-body imaging as the magic bullet that could stop this type of attack. In announcing hearings by the Senate Homeland Security Commitee, Joe Lieberman approached the use of scanners as a foregone conclusion, saying one of the “big, urgent questions that we are holding this hearing to answer” was “Why isn’t whole-body-scanning technology that can detect explosives in wider use?” Former Homeland Security chief Michael Chertoff told the Washington Post, “You’ve got to find some way of detecting things in parts of the body that aren’t easy to get at. It’s either pat downs or imaging, or otherwise hoping that bad guys haven’t figured it out, and I guess bad guys have figured it out.”
Since the alternative is being groped by airport screeners, the scanners might sound pretty good. The Transportation Security Administration has claimed that the images ” are friendly enough to post in a preschool ,” though the pictures themselves tell another story, and numerous organizations have opposed them as a gross invasion of… Continue reading
By James Cogan
6 January 2010
Socialist Web Site
American military personnel are continuing to take their own lives in unprecedented
numbers, as the wars in Afghanistan and Iraq wars drag on. By late November,
at least 334 members of the armed forces had committed suicide in 2009, more
than the 319 who were killed in Afghanistan or the 150 who died in Iraq. While
a final figure is not available, the toll of military suicides last year was
the worst since records began to be kept in 1980.
The Army, National Guard and Army Reserve lost at least 211 personnel to suicide.
More than half of those who took their lives had served in either Iraq or Afghanistan.
The Army suicide rate of 20.2 per 100,000 personnel is higher than that registered
among males aged 19 to 29, the gender age bracket with the highest rate among
the general population. Before 2001, the Army rarely suffered 10 suicides per
The Navy lost at least 47 active duty personnel in 2009, the Air Force 34 and
the Marine Corp, which has been flung into some of the bloodiest fighting in
Iraq and Afghanistan, 42. The Marine suicide rate has soared since 2001 from
12 to at least 19.5 per 100,000.
For every death, at least five members of the armed forces were hospitalised
for attempting to take their life. According to the Navy Times, 2 percent of
Army; 2.3 percent of Marines and 3 percent of Navy… Continue reading
Times of India
LOS ANGELES: The CIA has paid millions of dollars to Pakistan’s Inter-Services Intelligence (ISI) since 9/11, accounting for as much as one-third of the foreign spy agency’s annual budget, says a media report.
The ISI also collected “tens of millions of dollars through a classified CIA programme”, which pays for the capture or killing of wanted militants, the Los Angeles Times reported on Monday citing current and former US officials.
An intense debate has been triggered within the US government due to “long-standing suspicions that the ISI continues to help Taliban extremists who undermine US efforts in Afghanistan and provide sanctuary to al-Qaida members in Pakistan”.
But US officials have continued to make the payments as ISI’s assistance is considered critical: “Almost every major terrorist plot this decade has originated in Pakistan’s tribal belt, where ISI informant networks are a primary source of intelligence.”
The report went on to say that the payments to Pakistan are authorised under a covert programme initially approved by then president Bush and continued under President Obama.
The LA Times article mentioned is available here: CIA says it gets its money’s worth from Pakistani spy agency: It has given hundreds of millions to the ISI, for operations as well as rewards for the capture or death of terrorist suspects. Despite fears of corruption, it is money well-spent, ex-officials say.
And for more reading on the ISI connection to 9/11 (and utter failure by the 9/11… Continue reading
By Philip Giraldi
November 4, 2009
Campaign for Liberty
Most Americans believe that we are in a terrible dilemma. An increasing number are uncomfortable with the continuing carnage in Iraq and Afghanistan and fearful of the consequences of yet another Middle East war, this time against Iran, but most also believe that our country is threatened by dark forces that seek to destroy us and that extreme measures are justified. Few realize that fear alone is bringing about our transformation into a country driven by constant warfare to the detriment of our constitutional liberties.
Those who believe that a change of course is essential if we are to survive as a nation quite rightly demand the disengagement of the United States from two wars and the avoidance of further conflicts. They understand that the United States has acted unwisely and illegally in its interference in the affairs of others and also that the presence of American military forces all over the world has not made us safer and has in fact served as a catalyst for escalating violence. But those who see the state of the world with such clarity must first convince a majority of their fellow citizens that disengagement is not another word for national suicide. In short, the American people must come to understand that their safety is best assured when our government does not go around the world looking for dragons to slay. A key element in being able to reassure the American people could be… Continue reading