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Digby's Hullabaloo Posts

Taking Off The Gloves

Matt Yglesias points us to law professor Eric Muller’s post about the possibility that the Solicitor general lied to the Supreme Court. Matt says:

The subject is Clement’s contention in oral arguments on the Padilla and Hamdi cases that the US government doesn’t engage in even “mild torture” to try and secure information from detainees. This is going to wind up hinging on whether or not various “stress and duress” interrogation techniques count as torture — certainly this stuff sounds a lot like torture to me.

I agree that this particular argument is going to rest on whether these techniques are considered “mild torture” but it should be noted that both General Pace and Wolfowitz of Arabia agreed yesterday that these acts are inhumane and they would consider them violations of the Geneva Convention if used against US troops. (Civilians are accorded even greater protections.)

As to whether the solicitor general’s office knew about it (however it is defined) it would certainly appear that Ted Olson was brainstorming in the White House about the case, right along with Cheney and Rummy:

The president’s men were divided. For Dick Cheney and his ally, Donald Rumsfeld, the answer was simple: the accused men [the Lakawanna Six] should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer… “They are the enemy, and they’re right here in the country,” Cheney argued, according to a participant. But others were hesitant to take the extraordinary step of stripping the men of their rights, especially because there was no evidence that they had actually carried out any terrorist acts…Cheney and Rumsfeld argued that in time of war there are few limits on what a president can do to protect the country. “There have been some very intense disagreements,” says a senior law-enforcement official. “It has been a hard-fought war.”

[…]

But as the months wore on, Justice lawyers became increasingly uneasy about holding him [Padilla] indefinitely without counsel. Solicitor General Ted Olson warned that the tough stand would probably be rejected by the courts. Administration lawyers went so far as to predict which Supreme Court justices would ultimately side for and against them.

But the White House, backed strongly by Cheney, refused to budge. Instead, NEWSWEEK has learned, officials privately debated whether to name more Americans as enemy combatants including a truck driver from Ohio and a group of men from Portland, Ore.

Did the administration lie to the Court? Ted Olson almost certainly understood the mindset of the administration as it dealt with these “unlawful combatants” which is characterized by a total willingness to throw aside the rule of law. (Cheney is quite obviously out of his mind on these issues. Remember the smallpox freak-out?) Whether the lawyer Paul Clement was aware that the White House had taken a no hold barred approach to the treatment of prisoners is unknown. In any case, as Matt says, if that argument is ever broached it will hinge on the question of whether these admitted techniques, like holding someone under water until they think they’re drowning, can be called torture. In the Bizarro World in which we now live, it’s entirely possible that Scalia and gang will find it perfectly acceptable.

But, there is another little problem with the legal situation pertaining to prisoner treatment. Rumsfeld effectively locked out the JAG office in making all these decisions and the military lawyers have been complaining about it for months:

A group of senior military lawyers were so concerned about changes in the rules designed to safeguard prisoners during interrogation that they sought help outside the Defense Department, according to a New York lawyer who headed a recent study of how prisoners have been treated in the war on terrorism.

The military lawyers were part of the Army Judge Advocate General’s office, which in the past has played a role in ensuring that interrogators did not violate prisoners’ rights.

“They were extremely upset. They said they were being shut out of the process, and that the civilian political lawyers, not the military lawyers, were writing these new rules of engagement,” said Scott Horton, who was chairman of the New York City Bar Assn. committee that filed a report this month on the interrogation of detainees by the U.S.

[…]

Defense Secretary Donald H. Rumsfeld said the rules had been examined and approved by lawyers for the administration.

On Tuesday, Stephen A. Cambone, undersecretary of Defense for intelligence, said Douglas J. Feith, undersecretary of Defense for policy, “issued any number of statements and directives to the effect that detainees in Iraq, civilian or military, were to be treated under the provisions of the Geneva Convention.”

[…]

Horton said the military lawyers told him that Feith pressed for looser interrogation rules and won approval for them from the administration’s civilian lawyers earlier in the U.S. war on terrorism.

Which lawyers? They don’t refer to these decisions as coming from the Justice Department but rather more broadly from “the administration’s civilian political lawyers.”

White House counsel Alberto Gonzales openly defends the White House’s decision to call the Guantanamo prisoners “enemy combatants” largely because the Geneva Convention would limit their ability to interrogate the prisoners.(It’s comforting to know that they promise to operate in guantanamo in the “spirit” of the Geneva Conventions, though. Trust Us)

In a famous early skirmish in the Bush administration’s ongoing civil war, Gonzales sent around a memo trying to persuade the national security council to reject Colin Powell’s request to give the Guantanamo prisoners POW status. (Condi later said it was just a draft…)

It’s possible these military lawyers are referring to Justice, but it’s just as likely that the rules were debated and decided right in the White House. History suggests that Cheney and Rumsfeld are always in favor of the harshest possible treatment. They gave in only when Ashcroft argued to protect his own turf (and profile) in the US. (That’s what passes for compromise in the Bush administration.)

In other words, it is likely that the rules for the treatment of prisoners in Iraq, just as they were in Guantanamo, were not created in some obscure Justice Department or CIA office as is stated in this NY Times article today. The history of this issue leads to the White House Counsel’s office and the Office of the Vice President.

As I wrote earlier, they were frantic to get intelligence on the whereabouts of the apparently vaporized WMD. They believed from the beginning that this was such a “different kind of war” that they needn’t adhere to the rule of law or war.

Somebody needs to ask which civilian “political” lawyers were making the interrogation rules in the War On Terrorism.

There Isn’t A Big Enough Tent In The World

Ok. Somebody needs to find out what Rove has on Zell. He has now become a serious danger to the Democratic Party because he is either crumbling under the stress of the blackmail or he has gone completely insane

“…I worry that the HWA – the Hand-Wringers of America – will add to their membership and continue to bash our country ad nauseam. And in doing so, hand over more innocent Americans to the enemy on a silver platter.

“So I stand with Senator Inhofe of Oklahoma, who stated that he’s “more outraged by the outrage” than by the treatment of those prisoners. More outraged by the outrage. It’s a good way of putting it. That’s exactly how this Senator from Georgia feels.”

Surely, he is not privy to any private Democratic meetings, is he? They don’t speak in front of him in the elevator or anything, do they? Might as well hand over their computer passwords to the Republicans.

Oh wait…

The Big Swinging Dems

Yo Wolfie, you wanna piece ‘o me?

Senate Democrats lit into the Bush administration’s Iraq policies yesterday, using an uncharacteristically contentious hearing on additional war spending to attack the Pentagon’s number two official in personal and bitter terms.

[…]

Warner seemed briefly to lose control of the committee yesterday, faced down by Sen. Edward M. Kennedy (D-Mass.) over whether Wolfowitz could be questioned on broad matters of Iraq policy or only the narrower issue of additional spending for military operations in Iraq and Afghanistan, which together are costing about $4.5 billion a month.

When Warner admonished him to keep his questions to the budget issue, Kennedy erupted. “I’ve been on this committee for 24 years, I’ve been in the Senate 42 years, and I have never been denied the opportunity to question any person that’s come before a committee, on what I wanted to ask,” he said. “And I resent it and reject it on a matter of national importance.”

Warner persisted, provoking a formal challenge from Kennedy. “Well, Mr. Chairman, then you’re going to have to rule me out of order, and I’m going to ask for a roll call of whether the committee is going to rule me out of order,” he snapped.

At that point, Warner backed down and said Wolfowitz’s preliminary remarks had invited such broad questioning. “You have opened it up in your opening statement,” Warner told Wolfowitz.

Hooah!

Then they let the dogs out…

After listening to Deputy Defense Secretary Paul D. Wolfowitz testify before the normally stately Armed Services Committee for several hours, Sen. Jack Reed (D-R.I.) said, “What I’ve heard from you is dissembling and avoidance of answers, lack of knowledge, pleading process — legal process.”

Sen. Hillary Rodham Clinton (D-N.Y.) then hit Wolfowitz, who is seen as a major architect of the Bush administration’s approach to Iraq, with a virtual indictment. “You come before this committee . . . having seriously undermined your credibility over a number of years now,” she said. “When it comes to making estimates or predictions about what will occur in Iraq, and what will be the costs in lives and money, . . . you have made numerous predictions, time and time again, that have turned out to be untrue and were based on faulty assumptions.”

[…]

Wolfowitz … told her that in disagreeing with Shinseki’s estimates on the troop requirements for postwar Iraq, he was siding with another senior Army general closer to the action — Gen. Tommy R. Franks, then chief of the Central Command, the U.S. military headquarters for Iraq and the Middle East.

(This is known in Washington as the “Tommy made me do it defense.”)

Wolfowitz did respond directly to Reed’s attack, which followed a heated and confusing exchange on whether U.S. commanders permitted military interrogators to violate the Geneva Conventions governing the treatment of military prisoners of war and civilian detainees.

“I’m not dissembling,” he said. He tried to weave his way though the hypothetical questions Reed had posed about the rules of engagement for interrogations in Iraq, saying he had not been told that senior commanders in Iraq had approved questioning techniques that violate the Geneva accords.

Cutting him off, Reed said, “Well, I would suggest, Mr. Secretary, that you’re not doing your job.”

Damn sissies.

Curiouser and Curiouser

When Nicholas Berg took an Oklahoma bus to a remote college campus a few years ago, the American recently beheaded by terrorists allowed a man with terrorist connections to use his laptop computer, according to his father.

Michael Berg said the FBI investigated the matter more than a year ago. He stressed that his son was in no way connected to the terrorists who captured and killed him.

Government sources told CNN that the encounter involved an acquaintance of Zacarias Moussaoui — the only person publicly charged in the United States in connection with the September 11, 2001, terror attacks.

According to Berg, his son was taking a course a few years ago at a remote campus of the University of Oklahoma near an airport. He described how on one particular day, his son met “some terrorist people — who no one knew were terrorists at the time.”

At one point during the bus ride, Berg said, the man sitting next to his son asked if he could use Nick’s laptop computer.

‘It turned out this guy was a terrorist and that he, you know, used my son’s e-mail, amongst many other people’s e-mail who he did the same thing to,’ Berg said.

Government sources said Berg gave the man his password, which was later used by Moussaoui, the sources said.

“Christians, like slaves and soldiers, ask no questions.” –Jerry Falwell, 1981

Memo To Rumsfeld

TBogg has some excellent advice for how to deal with this little sticky wicket you’ve gotten yourself into:

Henceforth, being strapped to a board and submerged until you think you are drowning will be referred to as Hydro-Therapy. Being forced to simulate sex with fellow prisoners is now called Role Playing. Being made to form a naked pyramid is Job Training for the Upcoming Baghdad Cirque du Soleil. If you are stripped naked and led around on a leash you Living A Day In the Life Of Former Louisiana Congressman Bob Livingston. And if you are actually forced to have sex with a slack-jawed, clueless goober, well, now you know how Karen Santorum feels….

Are there any problems that cannot be solved with a little creative message massage? Heavens, no.

Daddy Dearest

Not that I personally give a damn, nor would I blame the daughters for begging their embarrassing parents to stay away, but I do think this catch by Avedon Carol is too good not to snipe about.

After saying he wouldn’t attend his daughters’ college graduations because he didn’t want people to have to go through security, Junior will be doing at least 3 commencement speeches.

This is a Mean Girl Special if I’ve ever seen one. Junior goes around every day lecturing people lecturing people about how they should love their children. MoDo, Tina Brown, Lisa DePaulo, Wolf, Shep, Kit — your table is ready.

That’s The Way Your Hard Core Terrorist Works

I can no longer sit back and allow terrorist infiltration, terrorist indoctrination, terrorist subversion, and the international terrorist conspiracy to sap and impurify all of our precious bodily fluids.

General Geoffrey D. Ripper took Guantnamo Rules to Iraq for Handling of Prisoners:

According to information from a classified interview with the senior military intelligence officer at Abu Ghraib prison, General Miller’s recommendations prompted a shift in the interrogation and detention procedures there. Military intelligence officers were given greater authority in the prison, and military police guards were asked to help gather information about the detainees.

Whether those changes contributed to the abuse of prisoners that grew horrifically more serious last fall is now at the center of the widening prison scandal.

[…]

By the time he took over in Cuba, most of the detainees there had been in custody for nearly a year. Still, General Miller was credited by Pentagon officials with using interrogations there to produce a valuable historical account of the workings and financing of terrorist training camps in Afghanistan, among other subjects, officials said.

His hard-charging attitude has also raised questions that go beyond interrogation methods. He was the official most responsible for pressing a case last year against a Muslim chaplain at the base, Capt. James J. Yee, that was initially billed as a major episode of espionage. In March, the military announced that it would drop all charges.

Last, and possibly most important, I want all privately owned computers to be immediately impounded. They might be used to issue instructions to saboteurs. As I have previously arranged, Air Police will have lists of all owners and I want every single one of them collected without exception.

Women… women sense my power, and they seek the life essence. I do not avoid women, but I do deny them my essence

An Army general on Wednesday dismissed the convictions in the case of a Muslim chaplain who was initially suspected of espionage at the Guantánamo Bay prison for terror suspects but was found guilty only on lesser charges of adultery and downloading pornography.

The appellate decision by Gen. James Hill, the Army Southern Command chief who oversees military operations at Guantánamo, wiped the slate clean for Capt. James J. Yee, who ministered for 10 months to foreign terrorism detainees at the United States naval base in Guantánamo Bay, Cuba.

“This means there will be no official mention of it in his military record,” General Hill said.

The decision ended what one of Captain Yee’s lawyers, Eugene Fidell, called a “hoax” case. Mr. Fidell said that Captain Yee was “obviously very pleased” at the decision but that the military owed him an apology.

Captain Yee, 36, was found guilty in March of noncriminal charges of committing adultery and storing pornography on a government computer. He was arrested on suspicion of espionage in September and faced six criminal charges that included mishandling classified information at Guantánamo. Court documents accused him of spying, mutiny, sedition and aiding the enemy, and he was held in solitary confinement in a military brig for 76 days.

The military dropped all the criminal charges in March, citing national security concerns that would arise from the release of evidence against him.

Maj. Gen. Geoffrey Miller of the Army, who at the time commanded the task force running the Guantánamo prison, then found Captain Yee, who is married, guilty of administrative charges of committing adultery and storing pornography on a government computer, and issued a written reprimand.

Captain Yee appealed the decision.

God willing, we will prevail in peace and freedom from fear and in true health through the purity and essence of our natural fluids. God bless you all.

Another Normal American

*NOTE: This editorial was delivered by [news anchor] David Wittman after 19 Action News aired a very much edited version of the video showing American Nick Berg being held by his Iraqi captors before he was beheaded.

Well, if there is anything that’s going to make us forget those photos from the prison, you just saw it. But it wasn’t just what we saw, it’s what we heard.

These cowards have the gall to read a political statement before killing one of our kids. The only word I understood: Islam.

As they brought out the knife, they screamed ‘Allahu Akbar’ — God is great.

That’s not our God.

There has been a lot written and said about our failure to understand the culture of the Middle East. We understand barbarism. We understand evil. We understand a perverted belief system that celebrates death. We can understand an enemy that quite frankly wants to kill us all.

Our God may forgive them. Just now, tonight, I can’t. Can you?”

Notice it’s no longer “terrorists,” or even “Iraqis.” It’s the “Middle east” and “Islam.” A pretty big chunk of the planet is now our enemy.

Then again, it is May Sweeps.

Thanks to Tim Carroll for the link.

Sowing The Seeds Of Our own Demise

I honestly don’t know what to say about this asshole. Media Matters is now transcribing the vitamin hustler Michael Savage’s show. Read the whole thing an e-mail it to your relatives who think that the liberal media is biased and that you are exaggerating the level of hate and violence that comes from right wing radio.

Savage is heard by six million people every day:

Savage on what should be done to the Iraqi prisoners:

And I think there should be no mercy shown to these sub-humans. I believe that a thousand of them should be killed tomorrow. I think a thousand of them held in the Iraqi prison should be given 24 hour — a trial and executed. I think they need to be shown that we are not going to roll over to them. It won’t happen. It won’t happen because of the CBS Communists. It won’t happen because of the CNN traitors. I won’t happen because of the MSNBC empty heads. And we the people are the ones who are going to suffer today. …

Instead of putting joysticks, I would have liked to have seen dynamite put in their orifices and they should be dropped from airplanes. How’s that? You like that one? Go call somebody that you want to report me to, see if I care. They should put dynamite in their behinds and drop them from 35,000 feet, the whole pack of scum out of that jail. Thank you CBS. Thank you New Yorker. Thank you Carl Levin. Thank you Ted Kennedy. Thank you Hillary Clinton. I’m sure that Mr. Berg’s parents appreciate what you’ve done for them. I’ll be right back.

Six. Million. Listeners. A. Day.

Update:

Via Atrios, I see that Yglesias has posted about one of those six million, apparently, a writer for tech central station:

Many Americans simply wish the Arabs would go away; others wish to blow them away — and wish to blow them away not because they see this step as inevitable and tragic, but because they rejoice at the prospect of getting them back for what they have done to us. Most normal Americans today just don’t care any more about the Arabs and their welfare, or about their humiliation, or about their historical grievances, simply because all the images that come to us from their world horrify and appall us, including the disturbing images of Americans doing things that no normal American would ever dream of doing to other people back at home, if only because they would never be given the opportunity.

This is how most normal Americans now feel, but they dare not express it in public. But make no mistake, this feeling will be expressed — somehow, somewhere: a fact of which our leaders and the world must be made aware before it occurs.

“The arabs.” “Normal people.” “Most.”

This tracks with one of Limbaugh’s recent whines where he claims that everybody in America feels the same way he does but political correctness prevents them from expressing it. There is nobody more ugly than a violent wing nut embracing his victimhood.

Atrios explains the psychology of the “101st Fighting keyboarders:

I’m not sure who “most normal Americans” are supposed to be, presumably that means “most other members of the 101st Fighting Keyboarders.” But, yes, the transformation from “Saddam is an evil omnipotent overlord who will kill us all” to “we are there to save the poor Iraqi people” to simply “they’re the enemy” is all going according to schedule.

The sad thing, of course, is this basic bloodlust is mostly because they invested themselves emotionally in this, somehow feel responsible for it, and all along the MO has been to turn the big guns on anyone who disagreed. Well, now the people they went to liberate disagree, so the guns will be turned on them.

And it certainly helped their delusion to have a cartoon character president who strutted around with a 560 lb codpiece pretending that he could shoot lightning bolts from his fingertips in the name of loving yer neighbor like you’d love to be loved yerself.

Matt concludes:

I’m foreseeing an ugly future. Kerry wins the election and begins the slow, painful process of rebuilding the American military, American alliances, and American global credibility. Meanwhile, on the right a new “stab in the back” theory has already emerged and the forces of resentment are growing. “We came to help them and they turned on us — now they must pay!”

That will be just one element of the wild-eyed fury on the Right when they lose the election. Their sanity is obviously hanging by a thread as it is. See, that’s what Democrats were talking about when they said they were glad Al gore wasn’t president on 9/11. Trumped up GOP impeachment hearings would have definitely interfered with the immediate needs of the victims and the response to terrorism. Don’t think they won’t do it in 2005.