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New York Times Director Probed for "Breach of Trust"

To the Sulzberger family that controls the New York Times he has been the ultimate Good German. High-flying Thomas Middelhoff took New York by storm, buying Random House for Bertelsmann, invited onto the NYT board, a member of its compensation committee. Read Eamonn Fingleton’s exclusive on how Middelhoff has crashed to earth and how the NYT has buried the story. Amid New York’s savage fiscal crisis, guess what? The city ponies up $50 million for a nice new park for rich people in Manhattan. Read Carl Ginsburg on the High Line. PLUS Elyssa Pachico on how rural revolution in Colombia has gone digital. PLUS co-editor Cockburn on how, in Obama Time, the Israel lobby is carrying all before it. What a surprise. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.

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Today's Stories

August 28-30, 2009

Saul Landau
The Nuclear Gang Rides Again

August 27, 2009

Doug and Andrea Peacock
Bearly Making It: How Many Biologists Does It Take to Count a Dead Grizzly?

Ricardo Alarcón de Quesada
Incapacitating the Cuban Five

Ray McGovern
Closing in on the Torturers

Gideon Levy
The Last Refuge: Neve Gordon and the Boycott of Israel

Shamus Cook
World Bankers Agree: the Recession is Over ... Maybe

Norman Solomon
The Afghanistan Gap

Marshall Auerbach
We Already Have a Public Option

Benjamin Dangl
Reclaiming a Continent

Kathryn Gray
The Water Privateers

David Macaray
Please Buy Our Beer
(And Join Our Union)

Website of the Day
Stop the Privatization of Ocean Fisheries

August 26, 2009

Gareth Porter
The Leaking Game: Planted News Stories About Iran and Nuclear Weapons

Dave Lindorff
Getting Away With Torture: Holder's Limited, Modified Hangout

Dean Baker
The Reappointment of Bernanke

Laura Carlsen
The Coup and Honduran Women

Paul Craig Roberts
When the Government Comes First

Laura Raymond /
Bill Quigley

Haiti One Year After the Hurricane

Jordan Flaherty
Still Homeless, Still Struggling in New Orleans

Jonathan Cook
The Long Struggle to Reclaim Beersheva's Great Mosque

Robert Bryce
Bamboozled About Energy

Danny Weil
The Future of Charter Schools

Cindy Sheehan
Farewell, Senator Kennedy

John V. Walsh
Cindy Sheehan's Lonely Vigil in Obamaland

Website of the Day
The President's Laugh Line

August 25, 2009

Gabriel Kolko
Israel: A Stalemated Action of History

Danny Weil
The Charter School Hype and How It's Managed

Martine Bulard
China's Wild West

Ricardo Alarcón de Quesada
The Cuban Five: The Face of Impunity

Bélen Fernández
Why Didn't the Leopard Eat Tom Friedman?

August 24, 2009

Danny Weil
Obama and Duncan's Education Policy: Like Bush's, Only Worse

Neve Gordon
Stopping the Apartheid State
Boycott Israel

John Ross
Mexico's Supreme Court Tosses a Bombshell into Chiapas

Open Letter to Kenneth Roth
Why Has Human Rights Watch Fallen Silent on Honduras?

Dan Bacher
A Burston-Marsteller Greenwash:
Westlands Hoards Surplus Water While Farmers Suffer

August 21-23, 2009

Alexander Cockburn
The Right Wing's Prince of Gonzo

Patrick Cockburn
The Truth About Afghan Election

Ray McGovern
Unwritten CIA Death Contract Awarded to Blackwater

Carl Ginsburg
Paycheck President

Dave Lindorff
American Justice is Not Blind, But it is Truly Sick

M. Shahid Alam
An "Abnormal" Nationalism

Ron Jacobs
The Continuing Story of Camp Ashraf

Eric Walberg
Russia/Georgia/U.S. One Year Later
Who Came Out Ahead

No War on the Moon!
In Defense of the Dark Side of the Moon

Gilad Atzmon
The Hostage Dream: Loving Oneself at the Expense of Another

Crawdad Nelson
What It's Like to Die

David Yearsley
Why I Chose to Play Scarlatti on Bainbridge Island

Justin Frew
Grim Times for Irish Travelers

Website of the Day
Picket Whole Foods Friday!

August 20, 2009

Eugenia Tsao
Inside the DSM:
The Drug Barons' Campaign to Make Us All Crazy

Dave Lindorff
The Worst and the Best Thing to Happen to the Democratic Party in Years

Yonatan Preminger
The Strategy Behind Israel's Migrant Labor Policies

Wajahat Ali
The Detention of Shah Rukh Kahn

Website of the Day
How to cope with flu pandemics

August 19, 2009

David Michael Green
Guess What? He's a Terrible President

Paul Craig Roberts
Americans: Serfs Ruled by Oligarchs

Marshall Auerback
Debt Revolt? Tax Strike? There are a Lot of Angry People Out There

Franklin Lamb
AIPAC Sends in the Clowns

John Ross
Three Amigos Summit

Marjorie Cohn
Legendary Lawyer Doris Brin Walker Dies; Represented Angela Davis, Smith Act Defendants

August 18, 2009

Michael Hudson
The Specter of Debt Revolt Is Haunting Europe?

Mary Lynn Cramer
Obama-Fraud: Don't Confuse Medicare with Single-Payer

Jonathan Cook
U.S. Turns Blind Eye to Israel's New Separation Policy

Uri Avnery
Whose Acre?

Ralph Nader
Block Obama's Abject Surrender to Insurance and Drug Companies

Bill Quigley & Davida Finger
Katrina Pain Index - 2009

August 17, 2009

Ray McGovern
Can the Washington Post Save Dick Cheney?

Andy Worthington
Bagram Isn't the New Guantánamo, It's the Old Guantánamo

Patrick Cockburn
Life and Death in Baghdad as Americans Leave

Don Fitz
The True Story of Fox's Hero, Kenneth Gladney

P. Sainath
Drought of Justice, Flood of Funds

Helena Cobban
Zionist Pioneer Renounces Zionism

 

August 14-16, 2009

Alexander Cockburn
Health Plans and Death Plans

Jeffrey St. Clair
The Fall of the House of Stanford

Peter Linebaugh
The Commons, the Castle, the Witch and the Lynx

Esam Al-Amin
What Actually Happened in Fatah's Elections?

Marshall Auerback
Why a Debtor's Revolt Would Work

Mike Whitney
Bulletins From Clunkerville

Paul Krassner
Woodstock at Forty

Saul Landau
Health Care and the Seeds of Disunity

Nikolas Kozloff
Colombian Elites Fear Bolivaran Revolution

Henry A. Giroux
Politics After Hope

John Ross
Sleepwalking Through the Minefield

Jonathan Cook
Israeli Land Sale

Isabella Kenfield
Monsanto's Man in the Obama Administration

David Rosen
Sexual Torture, Yet Again

Ron Jacobs
Unconditional Negotiations, Now!

Wajahat Ali
Obama's Immigration Reforms: Neither Humane Nor Thoughtful

David Macaray
Prison Games

Greg Moses
Down in South Texas: the Geometries of Bob Dylan

Charles R. Larson
Egyptian Economics 101

David Yearsley
Stalked by Bill Evans' Ghost: Kind of Blue at Fifty

Lorenzo Wolff
There Ain't Much to Country Livin': the Drive-By Truckers and the Fine Print

Kim Nicolini
Class, Race and Clint

Poets' Basement
Reiss, Ford and Moser

Website of the Weekend
Timidity and Transparency

August 13, 2009

Eduardo Galeano
I Hate to Bother You

Joanne Mariner
Letting Cheney Off the Hook

Michael Donnelly
Burning Forests for Electricity

Norman Solomon
When the Dead Have No Say

Russell Mokhiber
Boycott Whole Foods

Tim Wise
Sick Heil! The Hitlerizing of Obama

Brian M. Downing
Succession and the Pakistani Taliban

Dave Lindorff
Single-Payer and Medicare

David Manning / Miriam Cotton:
Iran Versus Honduras: a Subtle Difference

Martha Rosenberg
John Hughes, Gone With Only 59 Candles

Website of the Day
Congress Can't Find Their As-teroids

August 12, 2009

Michael J. Watts
Nigeria on the Brink

Bouthaina Shaaban
Where are the Arabs to Stand Up for the Hanoun and Ghawi Families?

Ricardo Alarcón
The Cuban Five: Justice in Wonderland

Binoy Kampmark
Terror Australis

Paul Craig Roberts
Concocting the Appearance of Recovery

Alan Farago
Going Down Absurd: the Future of Florida Bay

James Ridgeway
Ghostwriting Your Meds

Dave Lindorff
10 Questions to Ask If You Find Yourself at an ObamaCare Town Hall Meeting

David Macaray
Labor and the Conventional Wisdom

Niranjan Ramakrishnan
The Assimilation of Niranjan Ramakrishnan

Website of the Day
A Petition in Support of Janice Harper

August 11, 2009

Ricardo Alarcón
Forbidden Heroes

Marshall Auerback
America's Biggest Economic Problem?

Reza Yavari
Inside Iran's Most Infamous Prison

Winslow T. Wheeler
How Congress Pays For Its Pork

Tim Wise
Red-Baiting and Racism

Uri Avnery
A Moral Person

Deepak Tripathi
Getting Away With Torture

Greg Moses
Time to Plan for the Worst

Benjamin Dangl
Boycotting Big Beer

Dave Lindorff
Hecklers Unite! Why Aren't Progressives Disrupting ObamaCare Town Halls?

Website of the Day
What Bush Told Chirac About the Iraq War

August 10, 2009

David Price
Trial by FBI Investigation

Mike Whitney
There is No Recession; It's a Planned Demolition

Alan Farago
Seeds of Destruction: How the National Economy was Wrecked by the Politics of Deregulation in Florida

Conn Hallinan
The Honduran Coup: a U.S. Connection

Russell Mokhiber
Health Care: In Defense of Disruption

Paul Krassner
The Mystery Behind the Manson Murders

Sousan Hammad
Orgy of the Dead: the 2009 Fatah Conference

Jonathan Cook
Israeli School Apartheid

Ira Glunts
Netanyahu's Sister-in-Law Detained by Israeli Police; Calls Evictions an Unjustified Folly

George Wuerthner
Dead Tree Hysteria

Website of the Day
Conyers: ObamaCare is Crap

August 7 - 9, 2009

Alexander Cockburn
It Pays to Have a Nuke

Mike Whitney
Economy on a Scaffold

Elaine C. Hagopian
Obama's Israel Albatross

Carl Ginsburg
RX For Healthcare

Miguel Tinker Salas
Honduras is Only Part of the Story: the Conservative Counter-Attack in Latin America

Saul Landau
The Kidney Broker and the Money Laundering Rabbis

John Ross
The Mexican Genome: Big Science in the Service of Indian Genocide?

Anthony DiMaggio Obama and the Israel Lobby: Origins of Power

John Stanton
Expanding Human Terrain Systems?

Christopher Brauchli Legal Absurdities: Outing Three Strikes

Wajahat Ali
A Muslim American Hero: an Interview with Dave Eggers on "Zeitoun"

Ron Jacobs
As Long as the Wars Continue, We Must Resist Them

Franklin Lamb
Sunday Morning on the Dunes: Cleaning "Free Gaza Beach"

Bruce E. Levine
Protect Us From Our Friends

Michael Winship
Neighborhood Watch for Planet Earth

David Macaray
Glimmers of Hope for Labor?

Stephen Fleischman
Suicide Squad

Robert Bryce
Unplugging the Next Big Thing: the Hype Over Electric Cars

Robert Dodge, MD: Hiroshima and Nagasaki Remembered

Mark Seth Lender
The Message of the Glossy Ibis

David Yearsley
Vaucanson's Faun and the Duck in the Attic

Ben Sonnenberg
Chris Fuller's Brilliant Debut

Lorenzo Wolff
When Music's the Character

Poets' Basement
Dominguez and Corseri

Website of the Weekend
Warren Buffett's Betrayal

August 6, 2009

Ishmael Reed
Let's All Have a Beer

Paul Craig Roberts
The Expiring Economy

William Blum Assassinations and Coups: Keeping Track of the Empire's Crimes

Michael Donnelly
Rod Coronado: the Hardest Working Man in Animal Rights "Terrorism"

Jonathan Cook
Rabbis Ban Marriage for Israeli "Untouchables"

Dave Lindorff
The Health Care Reform Sell-Out

Ellen Brown
The Public Option in Banking

Website of the Day
Ellsberg on Hiroshima

August 5, 2009

Dedrick Muhammad /
Barbara Ehrenreich
The Destruction of the Black Middle Class

Norman Solomon
The Incredible, Shrinking Health Care Plan

William Blum
The Myths of Afghanistan: Past and Present

Gareth Porter
The ISI and the Taliban: US Officials Are Protecting Pakistani Aid to Taliban

Mary Lynn Cramer
The Myth of Medicare for All

Jim Goodman
Obama Needs to Take a Stand on Trade

Nadia Hijab
Playing From Strength in the Middle East

Gretchen Kroth
Guatemala's Garbage Dump Education System

Steve Macek /
Scott Sanders
Privatizing the Airwaves

Sarah Lazare
Inside G.I. Resistance

Website of the Day
The Locavore Myth

August 4, 2009

Mike Whitney
Bernanke's Shell Game

Dave Lindorff
The Recession Isn't Over, By a Long Shot

Patrick Cockburn
Did British Bomb Attacks in Iran Provoke Hostage Crisis?

Jonathan Cook
Israel's Campaign to Silence Human Rights Groups

Jeff Sher
Making a Mess of Health Care Reform

Dean Baker
Why Don't We Globalize Health Care?

Andy Worthington
Gitmo as Hotel California

Uri Avnery
A Jeremiad

Mark Weisbrot
U.S.-Brokered Mediation in Honduras Has Failed

Alvaro Huerta
Hold That Dustbin! So Much for the "End of Racism"

Website of the Day
Pentagon to Ban Facebook and Twitter?

 

 

 

 

 

 

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Weekend Edition
August 28-30, 2009

"And I Approved...."

Bush Tortured

By DAVID SWANSON

It seems almost trivial to accuse someone who launched an illegal war that has killed over a million people of torture. But if we are going to prosecute the lowest ranked Torturers, it makes sense to look up the chain of command.

There is no doubt that George W. Bush conspired to commit torture, cruel and inhuman treatment, and murder. How do I know? He said so.

In his January 28, 2003, State of the Union, Bush said: "All told more than 3,000 suspected terrorists have been arrested in many countries. And many others have met a different fate. Let's put it this way: they are no longer a problem to the United States."

Too vague and wink-wink for you? Try this:

On April 11, 2008, ABC News produced a video interview of Bush during which he was asked about meetings his top subordinates had held to approve specific instances of torture. Bush said: "And yes, I'm aware our national security team met on this issue. And I approved." The National Security Council's Principals Committee, which held the meetings, included Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, Secretary of State Colin Powell, CIA Director George Tenet, and Attorney General John Ashcroft. In the same interview, Bush defended the use of the drowning torture on prisoner Khalid Sheikh Mohammed, saying: "We had legal opinions that enabled us to do it. And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew."

On January 11, 2009, Fox News aired a video interview of Bush in which he admitted personally authorizing the torture of Khalid Sheikh Mohammed, saying: "One such person who gave us information was Khalid Sheikh Mohammed. … And I’m in the Oval Office and I am told that we have captured Khalid Sheikh Mohammed and the professionals believe he has information necessary to secure the country. So I ask what tools are available for us to find information from him and they gave me a list of tools, and I said are these tools deemed to be legal? And so we got legal opinions before any decision was made."

Does anyone else verify this? Well, how about John Yoo and Dick Cheney? On January 29, 2009, John Yoo, a former official in the Office of Legal Counsel who had drafted secret memos authorizing torture, published an article in the Wall Street Journal with the headline "Obama Made a Rash Decision on Gitmo," in which he wrote: "On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)"

On May 10, 2009, former Vice President Cheney appeared on the CBS News television program "Face the Nation." Asked what Bush had known about torture methods, Cheney replied, "I certainly, yes, have every reason to believe he knew -- he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it."

This is Yoo and Cheney saying "If you come after us you'll have to come after Bush." Pretty generous of them, I think. Douglas Feith, whose fate is also on the line here, argued in the Wall Street Journal on April 3, 2009, that it would make no sense to prosecute those who advised Bush without prosecuting Bush. Sign him up for the witness stand!

OK, but did Bush put his approval down in writing anywhere? He certainly did. On Sept. 17, 2001, Bush produced an executive order authorizing the CIA to set up unacknowledged detention facilities around the world. For years after this date, prisoners in these facilities were not identified to the International Committee of the Red Cross or provided due process. On February 7, 2002, Bush produced a Memorandum for the Vice President, the Secretary of State, the Secretary of Defense, the Attorney General, Chief of Staff to the President, Director of Central Intelligence, Assistant to the President for National Security Affairs, and Chairman of the Joint Chiefs of Staff on the subject of "Humane Treatment of al Qaeda and Taliban Detainees." In this memorandum, Bush "determined" that "none of the provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere throughout the world," and "[C]ommon article 3 of Geneva does not apply to either al Qaeda or Taliban detainees," and "[T]he Taliban detainees are unlawful combatants and, therefore, do not qualify as prisoners of war under article 4 of Geneva," and "al Qaeda detainees also do not qualify as prisoners of war." On June 29, 2006, the United States Supreme Court ruled in Hamdan v. Rumsfeld that the Geneva Conventions apply to prisoners held under Bush's command at Guantanamo Bay. On December 30, 2005, Bush signed a signing statement, "President's Statement on Signing of H.R. 2863," in which he claimed the power to ignore a new prohibition on torture contained in the bill he had just signed into law.

Bush's subordinates, through the years of his presidency, established an official policy of torture, and cruel and inhuman treatment. The CIA produced secret guidelines authorizing torture. The Office of Legal Counsel in the Department of Justice produced secret opinions authorizing torture. Bush's subordinates engaged in the widespread use of officially sanctioned torture. Incidents of torture, cruel and inhuman treatment, and murder by torture are extensively documented, including by a February 2007 International Committee of the Red Cross Report on the Treatment of Fourteen 'High Value Detainees' in CIA Custody.

Numerous incidents of torture by Bush's team have resulted in murder. On October 24, 2005, the government released to the ACLU military records that included 44 autopsies and death reports as well as a summary of autopsy reports of individuals apprehended in Iraq and Afghanistan. The documents showed that detainees died during or after interrogations by Navy Seals, Military Intelligence and "OGA" (Other Governmental Agency) -- a term used to refer to the CIA. According to the documents, 21 of the 44 deaths were homicides. Eight of the homicides appeared to have resulted from abusive techniques used on detainees, in some instances, by the CIA, Navy Seals and Military Intelligence personnel. On March 16, 2005, the Associated Press reported that "At least 108 people have died in American custody in Iraq and Afghanistan, most of them violently, according to government data provided to The Associated Press. Roughly a quarter of those deaths have been investigated as possible abuse by U.S. personnel."

On January 15, 2009, Susan Crawford, the convening authority for the Guantanamo military commissions, was quoted in the Washington Post as saying that the United States had tortured prisoner Mohammed al-Qahtani. "We tortured Qahtani," she said. "His treatment met the legal definition of torture."

Bush never voluntarily made public what he knew about torture, cruel and inhuman treatment, or murder by his subordinates. Instead, for years, he publicly denied that the United States ever used torture. When evidence of torture was made public, including photographs from Abu Ghraib prison in Iraq made public in 2004, Bush did not investigate the problem, remove those responsible from office, or punish them. The military convicted several low-ranking soldiers, but did not pursue responsibility up the chain of command.

As an employee of the executive branch, Bush was governed by Executive Orders 12674 and 12731, which provide that executive branch employees hold their positions as a public trust and that the American people have a right to expect that they will fulfill that trust in accordance with certain ethical standards and principles. These include abiding by the Constitution and laws of the United States, as well as not using their offices to further private goals and interests.

Pursuant to the Constitution, his oath of office, his status as executive branch employee, and his presence in the United States, Bush is required to obey Amendment VIII of the Constitution which prohibits the infliction of cruel and unusual punishment; as well as treaties which under Article VI of the Constitution are the supreme law of the land, including the Universal Declaration of Human Rights which prohibits torture or cruel, inhuman, or degrading treatment or punishment; the Third Geneva Convention relative to the Treatment of Prisoners of War, the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, and Common Article 3 of the Geneva Conventions which prohibits violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture, as well as outrages upon personal dignity, in particular, humiliating and degrading treatment; the International Covenant on Civil and Political Rights which prohibits torture or cruel, inhuman, or degrading treatment or punishment; the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment which requires that the United States work to prevent all forms of torture; as well as Title 18, United States Code, Section 2340A which prohibits conspiring to torture; and Title 18, United States Code, Section 2441 which prohibits conspiring to torture or inflict cruel or inhuman treatment or murder.

Give him the fair trial he denied to so many others. Then and only then can we look forward to a future without torture.

David Swanson is the author of "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union" by Seven Stories Press. He can be reached at: david@davidswanson.org

 

 

 

 

 

 

 

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