Today's Stories

April 30, 2009

Paul W. Lovinger /
Jeannette Hassberg
A Nation of Laws

April 29, 2009

Joann Wypijewski
Death at Work in America

Patrick Cockburn
The Taliban's Roads to Kabul

Andy Worthington
Cheney's Twisted World

Chris Floyd
The Specter Diversion

Dave Lindorff
No More Excuses: a Specter is Haunting the Democrats

Jeremy Scahill
The Nuremberg Truth and Reconciliation Commission?

Doug Henwood
Zionist Lobby Targets Another Tenured Professor: an Interview with William Robinson

Michael Hudson
Will Iceland be Handed Over to a New Gang of Kleptocrats?

Russell Mokhiber
My Ron Pollack Problem--And Yours

Eric Toussaint
Ecuador at the Crossroads

Website of the Day
An Interview with Leslie and Andrew Cockburn on "American Casino"

April 28, 2009

Uri Avnery
A Little Red Light: On Israeli Fascism

Jeremy Scahill
Obama's Iraq: the Picture of Dorian Gray

Dean Baker
The Perfect Gift for Wall Street: a Financial Transactions Tax

Michael D. Yates
At the Factory Gate

Conn Hallinan
Georgian Plots? Saakavili's "Order No. 2"

John Stauber
Beyond MoveOn

Tom Barry
The Failed Border Security Initiative

Harvey Wasserman
Who Pays for America's Chernobyl Roulette?

Jeff Nygaard
Pirates, Profits and Propaganda

Frederico Fuentes
Why the U.S. Still Hates Cuba

Website of the Day
The Man Behind the Hood

April 27, 2009

Pam Martens
The Far Right's Plot to Capture New Hampshire

Patrick Cockburn
Torture? It Probably Killed More Americans Than 9/11

Andrew J. Bacevich Guardian of the Status Quo: Obama's Sins of Omission

Mitu Sengupta
The Bloodbath in Sri Lanka

Franklin Lamb
Hillary Does Beirut: The 165-Minute Swoop-In

Firmin DeBrabander
Crimes of Economic Madness

Dave Lindorff
Wide Open to Pandemic?

Russell Mokhiber
How Corrupt is That?

Mike Whitney
Pinter's Message to Obama

Mark Weisbrot
Overhauling the IMF

Rev. José M. Tirado
Iceland's New Dawn: How the Right Got Trounced

Website of the Day
American Casino

April 24-26, 2009

Alexander Cockburn
Putting the Bush Years on Trial

Marjorie Cohn
Torture Used to Try to Link Saddam with 9/11

Andy Worthington
Who Ordered the Torture of Abu Zubaydah?

Jeremy Scahill
Are Leading Democrats Afraid of a Special Prosecutor to Investigate Torture?

Chris Floyd
Top of the Heap: the Democrats' Teachable Moment on Torture

Mike Whitney
A Housing Crash Update

Anthony DiMaggio
Obama and the Housing Crisis

Chris Kromm
Democratic Lobbyists Key to Fight Against Employee Free Choice Act

Saul Landau
Seventeen Months in "the Hole:" an Interview with the Leader of the Cuban Five

Dave Lindorff
Free John Walker Lindh

Greg Moses
The Debt Looters

Joshua Frank
Calling for a Coal Moratorium: an Interview with Ted Nace

Fred Gardner
Collective Farming and the Lynch Case

Manuel Garcia, Jr.
Homework, Testing and Stealth Apartheid in Education

David Michael Green
Of Tea Parties and Teleprompters

Ramzy Baroud
Middle East Spies: a New Front in Gaza's Conflict

Rannie Amiri
Mubarak's Expanding Enemies List

Laura Carlsen
Mr. President, Calderon is Not Mexico

Richard Morse
The Haitian People Need a Lobbyist

Nikolas Kozloff
Protecting the Bald Eagle: a Task Now Falling to ... Hugo Chavez?

Kent Peterson
The Fight to Save Mexico's Mangroves

Robert Bryce
The Ethanol Scammers Rent a General

Niranjan Ramakrishnan The Financial Experts

Ron Jacobs
Torture is More Than Just "Harsh Tactics"

Richard Rhames
Roman Legends, Book Burning and History's Hunt

Stephen Martin
Wherefore Art Thou American Dream?

David Yearsley
Rodgers, Hammerstein, Michener and Nostalgia's Clammy Embrace

Poets' Basement
Khalil and Mankh

Website of the Weekend
Doug and Andrea Peacock on Grizzlies and Edward Abbey

April 23, 2009

Eamonn Fingleton
How the Wall Street Journal and the New York Times Buried the Madoff Scandal for at Least Four Years

Ray McGovern
Obama Plays Hamlet on Torture

Michael Ratner
The Torture Commission Trap

Alan Farago
The Quicksand Economy

Rob Larson
Business Gets Carded

Nadia Hijab
The Real Heroes of Durban

Fawzia Afzal-Khan
Deconstructing the Taliban

Dave Lindorff
Are Members of Congress Being Blackmailed?

Helen Redmond
Selling Out Single-Payer: the "Public Option" Con

Adam Federman
The Battle Over New York's Marcellus Shale

Website of the Day
An Interactive Map of Vanishing Employment Across the Country

April 22, 2009

Chris Floyd
The Fatal Thread: Torture, War and the Imperial Project

Joanne Mariner
Torture Evidence and Terror Blacklists

Vijay Prashad
Obama's Afghan Plan: Fracturing the Antiwar Movement

Gareth Porter
U.S. Lacks Capacity to Win Over Afghans

Dean Baker
The Tyranny of Bad Economics

Peter Morici
Housing Sales and Fixing the Economy

Winslow T. Wheeler
Eliminating Bad Pentagon Habits

Barucha Calamity Peller
The Battle to Take Back the New School

Harvey Wasserman
Chernobyl Could Happen Here

Aisha Brown /
Dedrick Muhammad
White Privilege in the Americas

Teo Ballvé
Obama's Feel Good Meeting with Colombia's Uribe

Website of the Day
Ahmedinejad's Durban Speech: What He Actually Said

April 21, 2009

Randy Rowland
Lindy Blake's Great Escape

Dave Lindorff
Jay Bybee's Conspiracy to Torture

Fidel Castro
The Secret Summit

George McGovern
Pull Out of Iraq This Year

Greg Moses
The Unemployment Channel

Benjamin Dangl
Argentina Remembers

Sonia Nettnin
Saving Lives in Gaza

Frank Barat
The Death of Bassem: a Shooting at the Wall in Bil'n

Binoy Kampmark
Legal Purgatory and John Demjanjuk

John V. Walsh
Code Red for Single Payer

David Macaray
SAG Should be Praised, Not Assailed

Website of the Day
Bonus Man: For Executive Assholes Everywhere

April 20, 2009

Mike Whitney
Housing Bust Comes Roaring Back, Worse Than Ever

Andrea Peacock
Histrionics and Legalisms in Missoula

Henry A. Giroux
Ten Years After Columbine: the Tragedy of Youth Deepens

Liaquat Ali Khan
Drone Attacks on Pakistan's Indigenous Tribes

Fred Gardner
Obama's DoJ Backs Prosecution of Medical Marijuana Providers

Stephen Soldz
Obama, Blair, Panetta and the Torture Memos: Praising Moral Cowards, Ignoring Real Heroes

Nadia Hijab
Obama's Multi-Polar Middle East

Dave Lindorff
The Meeting in Trinidad

P. Sainath
India's Press Nixes "R" Word

Nelson P Valdés
A Modest (Transition) Proposal to Obama

Mark Engler
American Empire Foreclosed?

Belén Fernández
The FARC Can't Dance

Website of the Day
Dear Mr. Buffett...

April 17-19, 2009

Alexander Cockburn
Thin Ice From Here to the Horizon

Saul Landau
Infiltrating Alpha 66: a Conversation with Gerardo Hernandez, Leader of the Cuba Five

Franklin Lamb
Persia Rising

Ralph Nader
The Greedsters Are Back!

Fred Gardner
Obama's Chimerical Marijuana Policy: a Guide for the Perplexed

Dean Baker
A Win-Win Solution: Tax the Rich!

Rannie Amiri
The Curious Case of Benjamin Netanyahu

George Wuerthner
The War on Predators

Dave Lindorff
No Amnesty for Torturers

David Swanson
Personal Torture Laws

Jim Goodman
The Control of Food

Kathy Sanborn
Economic Fallout Hits Families Hard

Don Monkerud
Economic Recovery for Whom?

Manuel Garcia, Jr.
The People's Money

David Michael Green
Home of the Barricaded, Land of the 'Fraid

Nelson P Valdés
The OAS Charter, Cuba and the United States

Manuel Gomez
From the Bay of Pigs to Trinadad and Tobago

Dr. Susan Block
On Sex Addiction: the Deadliest Sin?

Ramzy Baroud
Non-Violence in Palestine?

Christopher Brauchli
Banning Barbie

Stephen Martin
Statelessness: the Final Frontier

Ron Jacobs
Tearing the Whole Building Down: the Dead in Greensboro

David Yearsley
Monkey Music

Lorenzo Wolff
A Song for the End of the World

Poets' Basement
Moser, McTeer and Buknatski

Website of the Weekend
New England Journal of Medicine Report on Civilian Deaths in Iraq

April 16, 2009

Mike Whitney
A Bulletin From the Captain of the Titantic

Russell Mokhiber
The Top 10 Enemies of Single-Payer

Ronald Teska
From Iraq to Appalachia

Gareth Porter
Predator Blowback

Paul Fitzgerald /
Elizabeth Gould
Thinking Like an Afghan

Benjamin Dangl
Latin America Changes

Kevin Pina
Haiti: Obama's First Foreign Policy Disaster?

Robert Bryce
Another Ethanol Producer Goes Bust

George Wuerthner
See the Forest: the Value of Dead Trees

Paul Garon, David Roediger and Kate Khatib The Surreal Life of Franklin Rosemont

Website of the Day
Socialism and the Facebook Generation

April 15, 2009

Kathleen and Bill Christison
Solving Palestine While Israel Destroys It

Ray McGovern
W, the Torture Decider

Robert Sandels
Is There a Latin American Policy?

Heather Williams /
Paul Baker
Carbon Cap and Trade: How Wall Street will Game the Regs and Trash the Planet

Jack Willoughby
The Lessons of the S & L Crisis

David Swanson
Habeas at Bagram?

Paul Craig Roberts
94 Years of Serfdom

Sara Mann
Norman Rockwell and the Perils of Nostalgia

Kenneth Couesbouc
John Maynard's Martingale: How Keynes Got Rich

Binoy Kampmark
Tax Haven Hypocrisies

Kekuni Blaisdell, Lynette Hi'llani Cruz, George Kahumoku Flores, et al.: An Urgent Letter to Obama on the Rights of Native Hawaiians

Website of the Day
Taxa: the Paintings of Isabella Kirkland

April 14, 2009

Conn Hallinan
The Afghan Rubik's Cube

Mike Whitney
Why is Goldman Sachs So Scared of Mike Morgan?

Peter Morici
Taxing Grandma to Subsidize Goldman Sachs

Greg Moses
Economic Curveballs: the Laffer Posse

Fidel Castro
Obama's Cuba Policy: Not a Word About the Blockade

Robert Weissman
No Blank Check for the IMF

Rebecca Macaux /
Philip Primeau
Somali Piracy and American Foreign Policy

Carmelo Ruiz-Marrero
The Dubious Revoution: Biofuels, the Next Generation

Dave Lindorff
Snatch-and-Jail Justice: the Ugly War on Immigrants

Walter Brasch
The Resurrection of Intolerance

Benjamin Day
Why Has the Press Failed Us in Reporting on Health Care Reform?

Website of the Day
The Appraisal Bubble

April 13, 2009

Patrick Cockburn
Iraqi Militia Fear Reprisals After US Exit

Uri Avnery
Our Dissonance

Jeremy Scahill
A Test Case for Habeas Corpus: Will Obama Prosecute the Somali Pirate in a US Court?

Martha Rosenberg
Suicide Syndrome: Are VA Protocols Behind Iraq Vet Suicides?

Karl Grossman
A Radioactive Extension for Aging Nuclear Plants

Nadia Hijab
Still Waiting: Obama and American Muslims

Sam Smith
America's Cultural Bear Market

James McEnteer
Peru's Shining Example

Sean McMahon
Globalizing Politicide: Israel's Strikes on Sudan

Namihei Odaira
Makota's "Campaign Against Poverty"

John V. Walsh
Bossnapping

Website of the Day
Declining IRS Audits for Big Financial Houses

April 10 / 12, 2009

Alexander Cockburn
Resurrection and Revenge

Chris Floyd
Hope Abandoned: Obama Protects CIA Torture Memos

Mike Whitney
"Liquidate the Banks; Fire the Executives!" Warren's Devastating Report to Congress

Saul Landau
How the Media Bought the Surge

M. Reza Pirbhai
Obama's Afghanistan Plan and India-Pakistan Relations

Franklin Spinney
The Art of the Scam: Wall Street and the Pentagon

Rannie Amiri
Iran's Elections: Why Arab Leaders Want Ahmadinejad to Win

William Blum
The Ideology of Barack Obama

Matt Vidal
Why Card Check Would Help the Economy

Jeff Howison
Death of the Square Deal

Jeff Leys
Resisting the Af-Pak War: the Creech Air Base Arrests

Dave Lindorff
America's Imperial Wars: Why We Need to See the Horrors

Ramzy Baroud
Israel Investigated: But Will It Repent?

Missy Beattie
The Grateful Dead, Wounded and Displaced

Fred Gardner
Fakes Left, Goes Right: Obama's Crossover Dribble on Marijuana Policy

Harvey Wasserman Another $50 Billion for Rust Bucket Nukes?

Suzan Mazur
A Revolution in Biology: an Interview with Nobel Laureate Paul Nurse

Bernard Umbrecht
German Capitalists Take Fire

David Macaray
A Word Clooney, Hanks and Baldwin Should Learn: Solidarity

Janet Kauffman
How to Starve (or Feed) a River

Ron Jacobs
Daring to Struggle, Failing to Win

Norman Solomon
Getting a Death Grip on Memory

Michael Winship
Let the Railsplitter Awake!

Richard Rhames
Empire, Ennui and Extra Cheese

Wanda Fucha
Brother, Can You Spare a Million Bucks?

David Yearsley
My Journey to the Heart of Rahman

Lorenzo Wolff
Getting Beyond the Black-and-White: Jason Isbell's Challenging New Album

Ben Sonnenberg
Rossellini's Louis XIV: "Neither the Sun Nor Death Can be Gazed Upon Fixedly"

Jeffrey St. Clair
Savage Incongruities: the Photographic Life of Lee Miller

Poets' Basement
Corseri and Corzett

Website of the Weekend
The Palestine Chronicle Needs Your Help!

April 9, 2009

Mike Whitney
The Decade of Darkness

Patrick Cockburn
What It Would Take to Mend Fences with Islam

Stephen Soldz
Caught on Tape: Diagnostic Abuse of Veterans

P. Sainath
The Rise of the Shoe-cide Bomber

Ellen Cantarow
Israel's Master Plan for Transfer

Gareth Porter /
Jim Lobe
Obama and Israel's Threat to Strike Iran

Jeremy Scahill
How Many Democrats Will Stand Up Against Obama's Bloated Military Budget?

Jerry Kroth
Saving GM From Bankruptcy--With the Stroke of a Pen

Binoy Kampmark
Fujimori Convicted: A Measure of Justice in Latin America

Fidel Castro
My Meeting with the Black Caucus

Website of the Day
Bird Song Radio

April 8, 2009

John Prados
The Af-Pak Paradox

Bill Moyers /
Michael Winship
Changing the Rules of the Blame Game

Winslow T. Wheeler
The Tooth Fairy and the Defense Budget

Russell Mokhiber
PBS Lashes Back

Kathy Sanborn
Depression Fury

Rev. William E. Alberts
If the Shoe Fits: Bush and Al-Zaidi

James McEnteer Rashomon and the Binghamton Shooter: the Rush to Interpret Jiverly Wong's "Statement"

Nadia Hijab
Olmert's Nightmare

Adam Turl
Card Check on the Ropes

Kevin Zeese
Escaping the Drug War Quagmire

Website of the Day
Walk Score Your Neighborhood

April 7, 2009

David Price
Counterinsurgency's Free Ride

Uri Avnery
Who's the Boss?

Chris Floyd
Talking Peace in Prague, Dropping Bombs in Pakistan

Winslow T. Wheeler Defense Cuts: Gates and the System

Marjorie Cohn
Prosecuting the Bush Torture Team: Spain Leads the Way

Dean Baker
Hands Off Social Security

Diana Johnstone
NATO, Strasbourg and the Black Block

Dave Lindorff
Politicizing Accounting

Martha Rosenberg
Life on HBO's Factory Hog Farm

Evelyn Pringle
Motherhood and the Psycho-Pharmaceutical Complex

Website of the Day
Gaza: Closed Zone

April 6, 2009

Michael Hudson
The IMF Rules the World

Andy Worthington Bagram: Guantánamo's Dark Mirror

Ray McGovern
Profiles in Cowardice: Eric Holder and Colin Powell

Deepak Tripathi
The Pakistan Enigma

Mike Whitney
Bernanke's Financial Rescue Plan: a Glide-Path to Destitution

Norman Solomon
Meet the New Escalators: the Democrats and the Afghan War

Jonathan Cook
Israel Railways Accused of Racism in Firing of Arab Workers

Judith Bello
Justice for the Developmentally Disabled

Deena Metzger Blackwater in Liberia

Dr. M. Kamiar
"There's No 'Eye' in Iran:" Obama's Pronunciation Problem

Website of the Day
Prison Talk

April 3-5, 2009

Alexander Cockburn
From Twin Towers to Twin Camelots

Kathy Kelly /
Brian Terrall
Getting a Closer Look at the Killer Drones

Sue Sturgis
Fooling with Disaster? Startling Revelations About Three Mile Island Raise New Doubts Over Nuclear Plant Safety

Peter Morici
Girding for a Depression

Kathy Sanborn
Homeless in Tent City, USA

Andy Worthington
Britain's Guantánamo: Fact or Fiction?

Rob Larson
Subprime Supreme Court: The Roberts Court Has Become a Powerful New Tool for Business

Saul Landau
Biden and Nixon: a Tale of Two Latin American Experiences

Steve Early
An Evening with Andy Stern

John Goekler
Was Gaza Israel's Waterloo?

Rannie Amiri
Arab League Reconciliation Summit a Bust

Dave Lindorff
Hooray for Juries! A Courtroom Victory for Ward Churchill and Academic Free Speech

Lee Ballinger
Sound Garden: Tom Morello at the Grammy Museum

Ron Jacobs
Artifacts for Survival

David Macaray
AIG Plays the Sympathy Card

John Wight
G20: Capital's New World Symphony

Keeanga-Yamahtta Taylor
Race in the Obama Era

Mychal Bell
Surviving Jena Six

Missy Beattie
Hoop Hopes, War and Peace

Reza Fiyouzat
The Iran/US Rapproachment Dance

Michael Boldin
The War on Drugs is a War on You

Christopher Brauchli
The Pope's Batting 50-50

Charles R. Larson
Too Much Stuff

Susie Day
Bernie Breakout Shocker!!

Stephen Martin
Gordon Brown's Chicken Run at the G20

Kim Nicolini
"Last House on the Left:" Vigilantes of the Bourgeoisie

David Yearsley
Homage to Moog and Mallards

Phyllis Pollack
An Interview with Legendary Rock Producer Chris Kimsey on Working with the Stones, Ronnie Wood, Jimmy Cliff, Peter Tosh and Saint Jude

Poets' Basement
Foley, Valentine and Kozak

Website of the Day
The Corner Store

April 2, 2009

Robert Weissman
What If Obama Had Treated Detroit Like Wall Street?

Eric Toussaint /
Damien Millet
A G20 Meeting for Naught

George Bisharat
Israel's Impunity Must End

Russell Mokhiber
Something is Rotten at PBS

Franklin Lamb
Has Washington Lost Lebanon?

Gareth Porter
Settling Scores in Iraq: Maliki Draws US Troops into Crackdown on Sunni Rivals

David Macaray
Obama and the Ruling Class: "Only the Little People Pay Taxes"

Chris Genovali
B.C.'s Bloody Grizzly Hunt

Sam Smith
The Politics of Adulation

Suzan Mazur
Is Neo-Darwinism Dead?

Website of the Day
Fighting for Change in St. Louis

April 1, 2009

Chris Floyd
Surging Further Into the Afghan Abyss

Stanley Heller
Israeli War Crimes: Thank God, It Was Only Rumors

Mark Brenner, Mischa Gaus and Jane Slaughter Obama's Perilous Plan for Detroit: Restructure the Big 3, But Not With Bankruptcy

Jonathan Cook
The Slow Demise of Ehud Olmert

Eric Walberg
EU in Tatters: Only the Protesters Have Any Vision

Richard Morse
Why Haiti Can't Forget Its Past

Don Fitz
Guess Who Came to Dinner with a Match? Green Mayoral Candidate's Van Firebombed in St. Louis

Laray Polk
Texas and Evolution

Belén Fernández
12 Años de Soledad?

Harvey Wasserman
Cracking the Media Silence on Three Mile Island

Website of the Day
Pentagon Fraud Investigations Fell, While Contracts Soared

March 31, 2009

Uri Avnery
The Deception Tango

Peter Lee
Ghosts in the Machine: the World's Hottest Cyberwar Battlefield

Nicholas Dearden
A New Global Debt Crisis

Dave Lindorff
The Obama Betrayal

Joanne Mariner
"We'll Make You See Death"

Ron Jacobs
Obama's Pakistan Gambit

Wiliam S. Lind
Another Lost War

David Michael Green
Who Says the GOP Doesn't Have a Plan?

Benjamin Dangl
Beyond Elections in the Americas

Johnny Barber
Meditation in Orange

Dedrick Muhammad
Economic Inequality: the Foundation of the Racial Divide

Website of the Day
How the Obama Dems Took Over the Peace Movement

March 30, 2009

Michael Hudson
Financing the Empire: Do US Face G20 Mutiny?

Patrick Cockburn
What Next in Afghanistan?

Henry A. Giroux
Hard Lessons

Mike Whitney
Where's Eliot Spitzer Now That We Need Him?

Ralph Nader
Where's All the Money Coming From?

Paul Craig Roberts
Obama's War on the (Upper) Middle Class

Jeremy Scahill
The Logistical Nightmare in Iraq

Robert Bryce
The Cellulosic Ethanol Delusion

Jonathan Cook
Remembering Land Day in Palestine

Ray McGovern
Obama Bombs

Website of the Day
Hersh: Syria Calling

April 30, 2009

Prosecuting War Crimes is Not "Partisan" Politics

A Nation of Laws

By PAUL W. LOVINGER and JEANNETTE HASSBERG

Mindful that the mission of the Department of Justice is largely to “enforce the law” and “seek just punishment for those guilty of unlawful behavior,” we have made this recommendation in a letter to Attorney General Eric H. Holder, Jr.: Appoint a special counsel to investigate and prosecute felonies committed by and under the direction of the previous administration. Among those felonies were homicide, war crimes including torture, and conspiracy against rights (USC Title 18, Sec. 241).

Prisoners who were beaten or tortured to death or simply executed by U.S. agents, servicemen, or contractors numbered conservatively in the hundreds. Estimates soar as high as a million if you count the Iraqis, Afghans, and Pakistanis killed as a result of aggressive wars — undeclared by Congress — that President George W. Bush commenced in what the Nuremberg Tribunal would classify among “crimes against peace.”

In an infamous example of criminal homicide, GIs in Afghanistan chained two young civilian men to a ceiling in 2002 and over several days beat and kicked them to death. One of them was a taxi driver aged 22, arrested merely because he happened to be driving past a base that had been a rocket target. The Army blamed natural causes for the deaths before The New York Times exposed the case in 2005 The top sentences for the killers were a few months’ lockup.

Arguably the higher-ups who set the standards and gave the orders bear the main responsibility for such barbarity. But can anyone honestly claim he didn’t know he did anything wrong when he beat or tortured helpless prisoners — at times to death?

Early in the Iraq war, the Times reported that invaders fired on civilian protesters, killing 15 and wounding about 75. British media reported admissions by GIs in Iraq that they slew Iraqi prisoners, left wounded Iraqi fighters to die, or even shot the wounded. The reports described slayings of men, women, and even children suspected of being anti-invader. U.S. and British press exposed repeated shooting of civilians in cars at roadblocks. The Marine Corps initially blamed its Haditha massacre on insurgents.

Among violated constitutional rights were freedom from unreasonable searches and seizures under the Fourth Amendment, breached by mass spying on communications; the right to due process of law under the Sixth Amendment; and protection against cruel and unusual punishment under the Eighth Amendment. Multiple rights were denied Jose Padilla, an American imprisoned by Bush for 3 1/2 years without charges and now serving a 17-year sentence for conspiring to aid terrorists abroad.

Conspiring to torture

An agreement (i.e. conspiracy) to inflict physical and mental pain on prisoners, as reported by ABC News in April 2008, came out of meetings held some six years ago with George W. Bush’s approval. Various methods of brutality were decided by Condoleezza Rice, national security adviser, who presided, Vice-President Dick Cheney, Secretary of Defense Donald Rumsfeld, Attorney General John Ashcroft, and Secretary of State Colin Powell.

Lawyers had drawn up pseudo-legal principles for circumventing the laws against torture by redefining it. For one thing, it would be called “enhanced interrogation.” An August 2002 memo from the Department of Justice’s Office of Legal Counsel authorized the use of 10 methods against Abu Zubaida, an Al-Qaeda man captured in Pakistan five months earlier. The memo was signed by Jay S. Bybee, then an assistant attorney general, now a judge of the U.S. Court of Appeals for the Ninth Circuit, in San Francisco. Waterboarding, or near drowning, a method from the Spanish inquisition (which Attorney General Holder has called torture), was imposed on Zubaida 83 times that month. Ex-intelligence officers told The Washington Post he provided little useful information.

As members of the executive branch, the cabinet and legal officers knew or should have known that torture or inhumane treatment of prisoners, regardless of its label, was prohibited by three U.S. Code sections (Title 18, Secs. 2340A, 2441, 2441) and three treaties, one of which dated back more than half a century.

The 1949 Geneva Conventions prohibit any inhumane treatment, physical or mental, of military or civilian war detainees. Torture or “cruel, inhuman, or degrading treatment or punishment” is banned also by the International Covenant on Civil and Political Rights, approved by the U.S. in 1992. And the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a U.S. treaty since 1994, requires penalties for violations, forbids sending a person abroad to be tortured, and says: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency may be invoked as a justification for torture.”

Yet Bush, Cheney et al. have invoked the wars that they started as justification for what amounts to torture, claiming that it was the only way to get valuable information in the “war against terrorism.”

Torturing “in good faith”

Now a report of the Senate Armed Services Committee reveals that intelligence and military officials were preparing the torture program — even before Bush’s Department of Justice okayed it — to justify the invasion of Iraq by fabricating a link between Saddam Hussein and the 9/11 attacks. The Bush team pressured interrogators at Guantanamo to produce ties between Iraq and Al-Qaeda.

The methods, including shackling, stressful positions, sleep deprivation, nudity, sexual humiliation, hitting, and throwing against walls, were adapted from the military program SERE (Survival, Evasion, Resistance, Escape) to train servicemen to withstand torturous questioning in case of capture. Soviet and Chinese Communists had used such methods to extract false confessions from prisoners.

The Senate report says the military’s Joint Personnel Recovery Agency, which ran SERE, referred to those methods as “torture” in a document sent to the Pentagon’s chief lawyer in July 2002. The agency warned against their use by the U.S. because it would produce “unreliable information” and “could be used by our adversaries as justification for the torture of U.S. personnel.”

Another agency looking askance at the torture program was the Federal Bureau of Investigation. Knowing that information so elicited would be unreliable and inadmissible as courtroom evidence, the FBI refused to participate in the torture program.

There are critics who call the torture furor just a matter of policy differences, contending that any prosecution of former officials would be partisan politics. The Wall Street Journal editorialized April 22 that talk of Obama’s criminalizing “policy advice” by “patriotic officials who acted in good faith” represented “partisan anger.” Our response:

(1) torture is not a policy but a felony;

(2) U.S. laws require the prosecution of felonies and are silent about the felons’ politics;

(3) under the Constitution, the president must take care that the laws be faithfully executed.

“The United States is a nation of laws,” Obama said on April 16, while letting off the hook those torturers who relied “in good faith” on official legal advice. As to whether higher ups will be prosecuted, conflicting messages have come from the White House. Obama wants to look ahead, not back. But to ignore grave crimes of the past is to encourage their repetition in the future. Anyway, a refusal to punish torturers is itself a violation of the Convention Against Torture. The Convention also bars the excuse of Nazi war criminals at Nuremberg that they were “just following orders” as justification for their crimes.

The administration can put to rest the claim of partisanship while fulfilling the president's constitutional mandate — and the Justice Department's mission — to execute the laws: Let the attorney general appoint a qualified, conscientious, independent counsel to follow and act on the evidence wherever it leads.

Mr. Lovinger and Ms. Hassberg, of San Francisco, are officers of the War and Law League, warandlaw.org. The former is also a journalist and author.

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