Originally published at the NYTimes by Adam Liptak on 6/17/15
WASHINGTON — Saying that high-ranking Bush administration officials may have taken part in grave constitutional violations after the Sept. 11 attacks, a federal appeals court in New York on Wednesday revived a long-running lawsuit brought by immigrants, most of them Muslim, who said they were subjected to beatings, humiliating searches and other abuses in a Brooklyn detention center.
“The suffering endured by those who were imprisoned merely because they were caught up in the hysteria of the days immediately following 9/11 is not without a remedy,” Judges Rosemary S. Pooler and Richard C. Wesley wrote in a joint opinion for a divided three-judge panel of the court, the United States Court of Appeals for the Second Circuit.
“Holding individuals in solitary confinement 23 hours a day with regular strip-searches because their perceived faith or race placed them in the group targeted for recruitment by Al Qaeda violated the detainees’ constitutional rights,” the judges said.
A lawyer for the plaintiffs said the ruling sent a… Continue reading
By Glenn Greenwald
September 20, 2011
The story of Jose Padilla, continuing through the events of yesterday, expresses so much of the true nature of the War on Terror and especially America’s justice system. In 2002, the American citizen was arrested at Chicago’s O’Hare Airport, publicly labeled by John Ashcroft as The Dirty Bomber, and then imprisoned for the next three years on U.S. soil as an “enemy combatant” without charges of any kind, and denied all contact with the outside world, including even a lawyer. During his lawless incarceration, he was kept not just in extreme solitary confinement but extreme sensory deprivation as well, and was abused and tortured to the point of severe and probably permanent mental incapacity. (Bush lawyers told a court that they were unable to produce videos of Padilla’s interrogations because those videos were mysteriously and tragically “lost”).
Needless to say, none of the government officials responsible for this abuse of a U.S. citizen on American soil has been held accountable in any way. That’s because President Obama decreed that Bush officials shall not be criminally investigated for War on Terror crimes, while his Justice Department vigorously defended John Yoo, Donald Rumsfeld and other responsible functionaries in civil suits brought by Padilla seeking damages for what was done to him.
As usual, the Obama DOJ cited national security imperatives and sweeping theories of presidential power to demand that Executive Branch officials be fully shielded from judicial scrutiny (i.e., shielded from the … Continue reading
By Glenn Greenwald
February 18, 2011
In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being “The Dirty Bomber.” Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically. All of this — including the torture — was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials. Just as the Supreme Court was about to hear Padilla’s plea to be charged or released — and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind — the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla’s arguments as “moot”; Padilla was then convicted and sentenced to 17 years in prison.
Padilla — like so many other War on Terror detainees — has spent years in American courts trying unsuccessfully to hold accountable the high-level government officials responsible for his abuse and lawless imprisonment (which occurred for years prior to his indictment). Not only has Padilla (and all other detainees) failed to obtain redress for what was done to them, but worse, they have been entirely denied even… Continue reading
By William Fisher
NEW YORK, Sep 27, 2010 (IPS) – Hundreds of people who believe they were falsely detained and imprisoned by the Department of Justice in the wake of the Sep. 11, 2001 attacks are now seeking redress through the U.S. courts.
The exact number of detainees is unclear, as no lists were ever released publicly. But according to a report by the Office of the Inspector General in 2002, 475 9/11 detainees were arrested and detained in New York and New Jersey. Hundreds more were arrested across the country.
Some of these men are plaintiffs in a federal class action lawsuit against former Attorney General John Ashcroft and other top officials in the administration of President George W. Bush (2001-2009) who were responsible for their illegal roundup, abuse and detention.
The suit charges that the detainees were kept in solitary confinement with the lights on 24 hours a day; placed under a communications blackout so that they could not seek the assistance of their attorneys, families and friends; subjected to physical and verbal abuse; forced to endure inhumane conditions of confinement; and obstructed in their efforts to practice their religion.
Some of the abuse included beatings, repeated strip searches and sleep deprivation. The allegations of inhumane and degrading treatment have been substantiated by two reports of the Justice Department’s Office of the Inspector General, and several defendants in the case have been convicted on federal charges of cover-ups and beatings of other prisoners around the same time… Continue reading
By Sahil Kapur
Senior Bush administration officials sternly cautioned the 9/11 Commission against probing too deeply into the terrorist attacks of September 11, 2001, according to a document recently obtained by the ACLU.
The notification came in a letter dated January 6, 2004 , addressed by Attorney General John Ashcroft, Defense Secretary Donald H. Rumsfeld and CIA Director George J. Tenet. The ACLU described it as a fax sent by David Addington, then-counsel to former vice president Dick Cheney.
In the message, the officials denied the bipartisan commission’s request to question terrorist detainees, informing its two senior-most members that doing so would “cross” a “line” and obstruct the administration’s ability to protect the nation.
“In response to the Commission’s expansive requests for access to secrets, the executive branch has provided such access in full cooperation,” the letter read. “There is, however, a line that the Commission should not cross — the line separating the Commission’s proper inquiry into the September 11, 2001 attacks from interference with the Government’s ability to safeguard the national security, including protection of Americans from future terrorist attacks.”
The 9/11 Commission, officially called the National Commission on Terrorist Attacks Upon the United States , was formed by President Bush in November of 2002 “to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks” and to offer recommendations for preventing future attacks.
“The Commission staff’s proposed participation in questioning of detainees would cross that line,” the letter continued. “As… Continue reading
By Stephen C. Webster
Is Rudolph Giuliani’s political career over?
The former mayor of New York City has been making his rounds in U.S. media this week, trying to explain away his false claim that there were no domestic terrorist attacks on the United States during the Bush administration.
For a man often mocked as “the mayor of 9/11,” that’s an awfully bold suggestion, and one that could spell the end of his relevance in U.S. politics, according to MSNBC host Rachel Maddow.
“The whole reason anybody ever thought of Rudy Giuliani as a potential national figure for the Republican party is because of his supposed expertise,” Maddow said during a Friday broadcast. “The supposed expertise he had with terrorism and national security because he had been the mayor of New York City when it was attacked on September 11.”
He later explained that he meant say no domestic terrorist attacks since 9/11.
However, in what Maddow called “a strange colique” with CNN host Larry King, Giuliani dug his hole deeper, suggesting that shoe bomber Richard Reid attempted his act of terrorism before Sept. 11, 2001.
It actually took place in Dec. of that year, well after the attacks on New York and Washington, D.C.
“Rudy Giuliani’s whole brand as a politician is based on 9/11, something he appears to have exploited so much that he’s lost the capacity to deal with it as a factual matter,” Maddow opined.
“Could he have meant that there were no other attacks… Continue reading
October 21, 2009 by Bryant Jordan Military.com
After seven years of forced silence, a government whistleblower is opening up on what she learned while working as a Turkish translator for the FBI in the wake of 9/11.
In sworn testimony to attorneys on Aug. 8, Sibel Edmonds described a Pentagon where key personnel helped pass defense secrets to foreign agents or provided them names of knowledgeable officials who were vulnerable to blackmail or co-option.
And firmly rooted in this espionage program in the 1990s, according to Edmonds’ deposition, were two men who, with the election of George W. Bush as president in 2000, found themselves in the Pentagon: Douglas Feith, who would head the Office of Special Plans, and Richard Perle, who would become chairman of the Defense Advisory Board.
“They were 100 percent directly involved,” Edmonds told Military.com. “They were not in the Pentagon [in the late 1990s] but they had their people inside the Pentagon.” One of those people, she said, was Larry Franklin, an Air Force officer assigned to the Office of Special Plans who, in 2003, passed classified information to representatives of the American Israel Public Affairs Office, or AIPAC. By then Feith was leading the OSP.
Edmonds cautioned that she does not know if these practices are continuing, since she was fired by the FBI in April 2002 after pressing for an investigation into an attempt by a colleague to recruit her for an organization that was itself a target of FBI surveillance.
Perle, today… Continue reading
2009 Truth Statement
We STILL Want Real Answers About 9/11
[Signatures have been closed as of March, 2010]
On August 31, 2004, Zogby International, the official North American political polling agency for Reuters, released a poll that found nearly half (49.3%) of New York City residents and 41% of those in New York state believe US leaders had foreknowledge of impending 9/11 attacks and “consciously failed” to act. Of the New York City residents, 66% called for a new probe of unanswered questions by Congress or the New York Attorney General. Since that time, multiple professional polling organizations have obtained similar results in polls conducted nationally and internationally.
In 2004, 911truth.org assembled a list of notable Americans and family members of those who died who signed (see that list of signatories, below) a 9/11 Statement, calling for “immediate public attention to unanswered questions that suggest that people within the current administration may indeed have deliberately allowed 9/11 to happen, perhaps as a pretext for war.”
On the eighth anniversary of 9/11, in spite of Americans having elected the “other” party in hopes it would deliver on its promise of a change in direction, we find ourselves asking these same questions and encountering the same resistance to transparency. The ensuing wars have destroyed countless lives, our civil liberties (including habeas corpus) are in tatters, posse comitatus is history, and our economy lies essentially in ruin. Meanwhile, thousands of 9/11 responders who rushed to stand with America in its time of… Continue reading
Former Student Filed Lawsuit Claiming Civil Rights Were Violated
A federal appeals court has ruled that former Attorney General John Ashcroft may be held liable for people who were wrongfully detained as material witnesses after the Sept. 11 terrorist attacks.
In a harshly worded ruling handed down Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals called the government’s use of material witnesses after Sept. 11 “repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.”
The court found that a man who was detained as a witness in a federal terrorism case can sue Ashcroft for allegedly violating his constitutional rights. Abdullah Al-Kidd, a U.S. citizen and former University of Idaho student, filed the lawsuit in 2005, claiming his civil rights were violated when he was detained as a material witness for two weeks after 9/11.
“Sadly, however, even now, more than 217 years after the ratification of the Fourth Amendment to the Constitution, some confidently assert that the government has the power to arrest and detain or restrict American citizens for months on end, in sometimes primitive conditions, not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or to prevent them from having contact with others in the outside world,” Judge Milan D. Smith Jr., for the majority. “We find this to be repugnant to the Constitution and a painful… Continue reading
By James Risen and Eric Lichtblau
June 16, 2009
New York Times
WASHINGTON — The National Security Agency is facing renewed scrutiny over the extent of its domestic surveillance program, with critics in Congress saying its recent intercepts of the private telephone calls and e-mail messages of Americans are broader than previously acknowledged, current and former officials said.
The agency’s monitoring of domestic e-mail messages, in particular, has posed longstanding legal and logistical difficulties, the officials said.
Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation.
Both the former analyst’s account and the rising concern among some members of Congress about the N.S.A.’s recent operation are raising fresh questions about the spy agency.
Representative Rush Holt, Democrat of New Jersey and chairman of the House Select Intelligence Oversight Panel, has been investigating the incidents and said he had become increasingly troubled by the agency’s handling of domestic communications.
In an… Continue reading
We urge Attorney General Eric Holder to appoint a non-partisan independent Special Counsel to immediately commence a prosecutorial investigation into the most serious alleged crimes of former President George W. Bush, former Vice President Richard B. Cheney, the attorneys formerly employed by the Department of Justice whose memos sought to justify torture, and other former top officials of the Bush Administration.
UPDATE 2/27/09 6pm: In response to the many email questions we’ve received asking why we have not endorsed this call for a Special Prosecutor: On 2/24, when this statement/petition was posted at AfterDowningStreet.org, 911truth.org immediately signed on as an endorsing organization via the signup at that site. As of now, our name does not appear on that list. Nonetheless, we did submit endorsement. We are not, yet, encouraging 9/11 truth advocates to politely contact David Swanson asking him why he would permanently post a video statement from Willie Rodriguez on the front page of his site, yet continue to ignore/ban the burgeoning 9/11 truth movement from being heard as the powerful voice we are, in calling for truth and accountability. We believe that Mr. Swanson is acting in good faith, all in all, and will post our endorsement with the others on the list shortly.
Our laws, and treaties that under Article VI of our Constitution are the supreme law of the land, require the prosecution of crimes that strong evidence suggests these individuals have committed. Both the former president and the former vice president have confessed to authorizing a torture procedure that is illegal under our law and treaty obligations.…Continue reading
by Mickey Huff, Associate Director of Project Censored
Project Censored, the media research group at Sonoma State University (SSU), has just released it’s annual report on the top stories that didn’t make the corporate mainstream news from the past year. The book is published by Seven Stories Press. Censored 2009, edited by director Dr. Peter Phillips with Dr. Andrew Roth, exposes the major stories Americans should know and care about that the “free press” just doesn’t deliver. The top stories for this year can be viewed at the PC website and the piece in the North Bay Bohemian can be read here.
Project Censored award winning journalist and researcher Stephen Lendman has just written about the Project in a piece titled Project Censored‘s Media Democracy Advocacy which looks at the history of the Project as well as details in this year’s volume. A lecture series hosting authors of this years top censored stories is presently underway at SSU for those in the Bay Area wishing to attend. The series is being broadcast at Free Speech TV this fall as well.
As acting Associate Director of Project Censored, I invite everyone to explore this year’s book and help support media democracy in action. Our currently calamitous and critical condition as a fragile free society depends upon a well informed citizenry and I strongly believe that Project Censored is a major force in the direction of strengthening our society’s democratic institutions and principles. Help spread the word if you… Continue reading
July 13, 2008
By FRANK RICH
We know what a criminal White House looks like from “The Final Days” Bob Woodward and Carl Bernstein’s classic account of Richard Nixon’s unraveling. The cauldron of lies, paranoia and illegal surveillance boiled over, until it was finally every man for himself as desperate courtiers scrambled to save their reputations and, in a few patriotic instances, their country.
“The Final Days” was published in 1976, two years after Nixon abdicated in disgrace. With the Bush presidency, no journalist (or turncoat White House memoirist) is waiting for the corpse to be carted away. The latest and perhaps most chilling example arrives this week from Jane Mayer of The New Yorker, long a relentless journalist on the war-on-terror torture beat. Her book “The Dark Side” connects the dots of her own past reporting and that of her top-tier colleagues (including James Risen and Scott Shane of The New York Times) to portray a White House that, like its prototype, savaged its enemies within almost as ferociously as it did the Constitution.
Some of “The Dark Side” seems right out of “The Final Days” minus Nixon’s operatic boozing and weeping. We learn, for instance, that in 2004 two conservative Republican Justice Department officials had become “so paranoid” that “they actually thought they might be in physical danger.” The fear of being wiretapped by their own peers drove them to speak in code.
The men were John Ashcroft’s deputy attorney general, James Comey, and an assistant… Continue reading
Who Planned the Anthrax Attacks?
It’s the $5,800,000 question
by Justin Raimondo
Antiwar.com Behind the Headlines
July 4, 2008
You remember the anthrax
attacks — or do you? It often seems, to me at least, that this important
catalyst for the invasion of Iraq and our supremely wrong-headed
post-9/11 foreign policy has been flushed down the collective memory hole. For
all the attention that’s been paid to that spooky chapter in the history of
the “war on terrorism” in the intervening years, it may as well have
never occurred. That’s why news of the former prime suspect’s ultimate vindication
— and his victory in a $5.8
million lawsuit in which he accused the feds of unfairly targeting him as
of interest” (as John Ashcroft put it) — seems like a visitation from
another time, the ghost of 9/11 past, haunting and mocking us. It sends chills
down my spine — because, you see, the real culprits are still out there.
The FBI’s non-investigation of this heinous and sinister crime was a joke from
the beginning: after all, since when do FBI probes have official names, and
why such a silly one as “Amerithrax“?
Such brazen corniness has about it an unmistakable Keystone Kops air, which
was certainly evident throughout the long-playing media circus that will evermore
be known as the persecution of Steven
Hatfill, you’ll recall, is the long-suffering victim of this horror story,
a bio-weapons expert and “insider” who was… Continue reading
Peter Dale Scott
The Deep State and 9/11
The unthinkable — that elements inside the state would conspire with criminals to kill innocent civilians — has become not only thinkable but commonplace in the last century. A seminal example was in French Algeria, where dissident elements of the French armed forces, resisting General de Gaulle’s plans for Algerian independence, organized as the Secret Army Organization and bombed civilians indiscriminately, with targets including hospitals and schools. 1 Critics like Alexander Litvinenko, who was subsequently murdered in London in November 2006, have charged that the 1999 bombings of apartment buildings around Moscow, attributed to Chechen separatists, were in fact the work of the Russian secret service (FSB). 2
Similar attacks in Turkey have given rise to the notion there of an extra-legal “deep state” — a combination of forces, ranging from former members of the CIA-organized Gladio organization, to “a vast matrix of security and intelligence officials, ultranationalist members of the Turkish underworld and renegade former members of the [Kurdish separatist] PKK.” 3 The deep state, financed in part by Turkey’s substantial heroin traffic, has been accused of killing thousands of civilians, in incidents such as the lethal bomb attack in November 2005 on a bookshop in Semdinli. This attack, initially attributed to the Kurdish separatist PKK, turned out to have been committed by members of Turkey’s paramilitary police intelligence service, together with a former PKK member turned informer. 4 On April 23, 2008, the former Interior Minister Mehmet Agar was ordered… Continue reading
For decades the federal government has been developing a highly classified plan that would override the Constitution in the event of a terrorist attack. Is it also compiling a secret enemies list of citizens who could face detention under martial law?
By Christopher Ketcham
In the spring of 2007, a retired senior official in the U.S. Justice Department sat before Congress and told a story so odd and ominous, it could have sprung from the pages of a pulp political thriller. It was about a principled bureaucrat struggling to protect his country from a highly classified program with sinister implications. Rife with high drama, it included a car chase through the streets of Washington, D.C., and a tense meeting at the White House, where the president’s henchmen made the bureaucrat so nervous that he demanded a neutral witness be present.
The bureaucrat was James Comey, John Ashcroft’s second-in-command at the Department of Justice during Bush’s first term. Comey had been a loyal political foot soldier of the Republican Party for many years. Yet in his testimony before the Senate Judiciary Committee, he described how he had grown increasingly uneasy reviewing the Bush administration’s various… Continue reading
Video from Snowshoe Films—
As Webster Tarpley notes, Zelikow is very important in the 9/11 cover-up. In 1998, Philip Zelikow published an article in Foreign Affairs, the journal of the Council on Foreign Relations, entitled “CATASTROPHIC TERRORISM: Imagining the Transformative Event.” Nearly two years later, PNAC picked up the CFR-Zelikow language, saying that the desired transformation “is likely to be a long one, absent some catastrophic and catalyzing event — like a new Pearl Harbor…”
In part one of this series, we hear from author Webster Tarpley, Professor Graeme MacQueen (religious studies, McMaster University, ret.), Ken Jenkins (filmmaker), and Peter Dale Scott, author.
Zelikow, hired as a Bush II transition team member for his expertise on al-Qaeda (according to Karen Hughes), didn’t want to hear anything about al-Qaeda from Richard Clarke, chief counter-terrorism expert on George W. Bush’s national security council. Similarly, John Ashcroft at the Dept. of Justice didn’t want to hear anything about al-Qaeda before 9/11 from Thomas Picard, acting director of the FBI. In these and other instances, Zelikow as executive director of the 9/11 Commission, suborned perjury, Webster Tarpley charges.
Tarpley reveals Zelikow’s cover-up role in the Able Danger FBI effort to expose “al-Qaeda” cells. Prof. Graeme MacQueen calls attention to Zelikow’s unique role in predicting then explicating the consequences of “the transformative event” as head of the commission charged with investigating the catastrophic terrorism of 9/11. Ken Jenkins and Peter Dale Scott note that Zelikow’s expertise is in creating and exploiting public myths,… Continue reading
Editor’s Note: Should an actual “showdown” occur over the constitutionality of Cheney’s stonewalling, we would welcome it. Let’s know exactly where we stand with respect to the willingness of elected officials to stand up to the criminals-in-chief.
It’s well past the time Leahy and company should have been pressing for these sorts of answers. Get on with it.
By Leonard Doyle in Washington
Published: 28 June 2007
The Bush administration may soon face a courtroom showdown over its secret eavesdropping programme after subpoenas were issued to the White House, Vice-President Dick Cheney, and the Justice Department.
There is a storm gathering over Mr Cheney in particular, with increasingly vocal demands for his impeachment for “political crimes against the nation”.
The Senate Judiciary Committee wants to know the legal basis, if any, for the placing of wiretaps on American citizens without court warrants, as part of the war on terror.
These taps were placed by the National Security Agency, which runs a vast international electronic eavesdropping and codebreaking web with Britain’s GCHQ. When reports emerged in the media of the wiretaps, it provoked widespread anger.
The Senate Judiciary Committee chairman Patrick Leahy gave the Bush administration until 18 July to hand over documents which the White House described last week as highly classified and off limits.
Senator Leahy wrote: “Over the past 18 months, this committee has made no fewer than nine formal requests to the Department of Justice and to the White House, seeking information and documents about the authorisation of and legal justification for this programme.”
The eavesdropping programme began after the attacks of 11 September 2001.…Continue reading