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"Imperial Crusades: a Diary of Three Wars" by Cockburn and St. Clair

Today's Stories

October 30, 2007

David Price
Pilfered Scholarship Devastates Gen. Petraeus's Counterinsurgency Manual

 

October 29, 2007

Lisa Hajjar
Inside Israel's Military Courts

Joe DeRaymond
The Politics of Lethal Injections

Patrick Cockburn
The High Stakes in Iraqi Kurdistan

Isabella Kenfield /
Roger Burbach

Corporate Murder in Brazil

Fred Gardner
The Frivolous Investigation of Dr. Sterner

Farzana Versey
Caricaturing Islam

Stephen Fleischman
The Greening of the Oligarchy

Marcelle Cendrars
The Congressional Rip Cord

Eamonn McCann
Dan Keating, the Last of the Republican Irreconcilables

Martha Rosenberg
For Halloween, Ann Coulter Dresses as .... Ann Coulter!

Website of the Day
Campaign 2008

 

October 27 / 28, 2007

Alexander Cockburn
So Much for Islamo-Fascism Awareness

Jeffrey St. Clair
The Dam That Isn't There

James Bovard
Breaking Down an Innocent Man: The FBI's Right to Threaten Torture

Ralph Nader
Beyond the Rule of Law

M. Reza Pirbhai
The Wahhabis are Coming, the Wahhabis are Coming!

Robert Sandels
Pay the Invaders! Cuba, Claims and Confiscations

Jacob G. Hornberger
Ruling By Decree

Missy Beattie
The Arsonists in the West Wing

John Ross
U.S. Eyes on Oaxaca

Robert Fantina
Condi Rice, the Imperial Cheerleader

Ron Jacobs
Labor at the Crossroads

Ali Moayedian
In Search of Logic About Iran

David Michael Green
What If We Had a President Who Didn't Give a Damn About Terrorism?

Poets Basement
Block, Davies and Ford

Website of the Day
Bring 'Em Home: a Music Video

 

October 26, 2007

Brian Cloughley
Revenging Bloodshed

Saul Landau
Portrait of Rudy

Ahmad Al-Akras
Getting Justice in the HLF Case

Franklin Lamb
Does "Loving" Lebanon Mean Never Having to Say You're Sorry?

Mike Whitney
Murdoch's Cuckoo's Nest

Dave Lindorff
Home of the Brave? Reducing US Casualties By Killing More Civilians

Alan Farago
A Castro Behind Every Bush

Yifat Susskind
Conscripting Feminism into the War on Terror

Website of the Day
Dead Life in a Political Prison


October 25, 2007

Jeffrey St. Clair /
Joshua Frank
Iraq's Environmental Crisis

Manuel Garcia, Jr.
Homes of the Crash Test Dummies

Paul Craig Roberts
The Fraudulent War on Terror

Col. Dan Smith
The Politics of Paranoia: Jane Harman's War on the First Amendment

Alan Farago
The Way to Paradise?

Chris Kutalik
The Lesson of the Chrysler Rebels

Brian McKinlay
John Howard and the Curse of Bush

Cindy Sheehan
Pete, Nancy, George and WW III

Website of the Day
Support the America's Program!

 

October 24, 2007

Natalie Washington-Weik
White Fantasies About Race-Based Intelligence

Andy Worthington
The Guantánamo Suicides

Michael Birmingham
What Happened in Nahr Al Bared?

Corporate Crime Reporter
The Nuclear Democrats

Tariq Ali
Bush's Cuba Detour

Farzana Versey
Imagining Serfdom in a Scarf

Dave Zirin
White Noise

James Murren
What "Support Our Troops" Means

Todd Chretien
Looking Reality in the Face

Martha Rosenberg
What Came First, the Chicken or the Cage?

Website of the Day
Hillary Clinton on Nuclear Power

 

October 23, 2007

Ralph Nader
Bush's Catastrophic Rhetoric

Lawrence R. Velvel
Goldsmith Stands Convicted--By His Own Mouth: How a Harvard Law Professor Justified Rendition at the Bush Justice Dept.

Vijay Prashad
The Nuke Deal is Dead

Bonnie Bricker /
Adil E. Shamoo

The True Cost of War for Oil

Dave Lindorff
Christopher Dodd's Make or Break Moment

Mike Whitney
The Big Squeeze

Farzana Versey
Race with the Devil

Stanley Heller /
Ben George

Something New from the Antiwar Movement

Marcelle Cendrars
You Too Can Confront the Holy Executive

Regan Boychuk
Burma and Haiti: Comparing the Media Response

Website of the Day
King Corn

 

October 22, 2007

Ishmael Reed
Should Blacks Go Green?

Marjorie Cohn
Mukasey and the Constitution: Another Loyal Bushie

Rannie Amiri
Is There a Method to Bush's Middle East Madness?

Diane Farsetta
Time to Pay for Payola: the FCC and Pundit-for-Hire Armstrong Williams

Todd Alan Price
Renewing No Child Left Behind: A Hurricane Katrina Aimed at Public Education

Robert Jensen
The Quagmire of Masculinity

Stephen Lendman
The UAW Leadership Sells Out Its Workers

Jemima Khan
The Kleptocrat in an Hermes Headscarf

Sunsara Taylor
David Horowitz Can't Handle the Truth

Binoy Kampmark
No Ideas, Please: the Australian Elections

Website of the Day
Support the Center for International Policy

 

 

October 20 / 21, 2007

Alexander Cockburn
The Man Who Builds Hillaryworld

Tariq Ali
A Massacre Foretold

Jeffrey St. Clair
Greetings from Echo Park

Andy Worthington
The Shame of Diego Garcia

Mike Whitney
Housing Flameout

Daniel Wolff
Play It As It Lays

David Rosen
Deviants on Parade: Folsom St. Fair and America's 4th Sexual Revolution

Saul Landau
David and Goliath in Iraq

Ron Jacobs
COINTELPRO and the Panthers

Robert Fantina
The Strange Love of Mitt Romney and Bob Jones

David Heleniak
Erring on the Side of Hidden Harm

Joe Allen
Hoffa Brown-Nosing at UPS

Prairie Miller
Lions for Lambs

Poets' Basement
Gibbons, Holt and Buknatski

Website of the Weekend
Crash!

 

October 19, 2007

John Ross
Che's Mexican Legacy

Sheldon Rampton
Shared Values Revisited: a Case Study in the Limits of Propaganda

Rahul Mahajan
A Tale of Two Atrocities: Blackwater and Haditha

Devra Davis
Deadly Secrets: Chemical Pollution and Cancer

Christopher Brauchli
Blasphemous Science

Wadner Pierre
Haiti After the Deluge

Bill Quigley
Jailed for Justice

Website of the Day
Textbook Sticker Shock

 

October 18, 2007

Saree Makdisi
Academic Freedom is at Risk

Meg Dwyer
What I Learned from 9/11: Who Wouldn't Want Us Dead?

Alevtina Rea
Sketches of Russian Life

Norman Solomon
The United States of Violence

Kristoffer Larsson
Something is Rotten in Sweden

Harvey Wasserman
Nukes are Back and So are We

Website of the Day
Eve Ensler: "A Filibuster Would Stop This War"

 

October 17, 2007

Steve Niva
Counter-Insurgency, American-Style

Andy Worthington
The Case of Mohamed Jawad

Alan Farago
The Credit Shock

Russell Mokhiber
The New Billionaire-Criminal Class

Sharon Smith
Democrats, AWOL When It Mattered

Mike Whitney
Time for the Banks to Face the Hangman

Robert Fantina
Iraq, Iran and the US: Business as Usual

Chris Irwin
Where Have All the Rednecks Gone?

Website of the Day
Sex Ed at Oral Roberts University

October 16, 2007

Peter Linebaugh
Doris Lessing and the Dynamite Prize

Paul Findley
Follow the Leader: The Open Secret About the Israel Lobby

Robert Bryce
Inconvenient Corrections: Al Gore's Wacky Facts

Uri Avnery
The Mother of All Pretexts

Paul Craig Roberts
The Iraqi Genocide

Ray McGovern
What Did Nancy Pelosi Know About NSA Spying and When Did She Know It?

Norman Solomon
The Pro-War Undertow of the Blackwater Scandal

Martha Rosenberg
The Curse of Cymbalta

William S. Lind
Out of the Frying Pan

Joel S. Hirschborn
Time to Boycott Voting

Website of the Day
Pipeline Through Paradise: Big Oil's Arctic Play

 

 

 

 

Subscribe Online

October 31, 2007

A Government Insider Turns Against Guantánamo

The Epiphany of Matthew Waxman

By ANDY WORTHINGTON

In a fascinating article for the Washington Post, "The Smart Way To Shut Gitmo Down," Matthew Waxman, a teacher at Columbia Law School, who was deputy assistant secretary of defense for detainee affairs in 2004-05, calls for the closure of Guantánamo, conceding that, although "the ongoing threat of terrorism is very real it does not follow that we must keep Guantánamo Bay open -- or even that the prison helps our fight against al-Qaeda."

While refusing to condemn what he tellingly describes as "the improvised decision to create Guantánamo Bay's detention site in 2002," Waxman insists, nevertheless, that he wants "to challenge its continued operation in 2007," adding, "Fair-minded people can differ over whether the Bush administration was justified in sending suspected al-Qaeda fighters there immediately after Sept. 11, 2001, but as time wears on, it's almost impossible to argue that the prison is keeping us safer." Referring to President Bush's declaration last year that "he would like to see Guantánamo Bay closed, if he could do so without putting Americans in greater danger," Waxman concludes, "He can, and he should," adding, "My experience advising former defense secretary Donald H Rumsfeld and Secretary of State Condoleezza Rice on these issues has convinced me that there's a way out, but it will take some painful truth-telling to get there. For even if Guantánamo Bay could be defended in legal or moral terms, it still hurts us more than it helps us in battling al-Qaeda."

These are significant statements, given added weight by Waxman's choice of wording: his references to "fair-minded people," to questions of justification, and, in particular, to the legal and moral defense of Guantánamo, in which he chooses to write "even if Guantánamo could be defended," rather than, "even if Guantánamo can be defended." And even his apparent swipe at some of Guantánamo's opponents, dismissing as "a fantasy" their "soothing notion" that "everyone at the prison is an innocent bystander erroneously swept up in post-9/11 dragnets," is immediately countered by the frank admission that "the Bush administration's dogged insistence that all the detainees there are the 'worst of the worst'" is also a fantasy.

Similarly, while defending the "valuable intelligence" obtained from Guantánamo, Waxman admits that much of this information has come "from detainees who haven't been involved in terrorist plotting for years now," and while critics, who are aware of the appalling isolation in which the majority of the detainees are held, may take exception to the "improved general conditions" he describes, which are "humane by the standards of US and European prisons," he is to be applauded for another frank admission, that "Guantánamo Bay's defenders hurt their own credibility when they refuse to acknowledge the well-documented abuse that has occurred there."

Waxman's proposed solutions are not always above criticism, but they are, with a few notable exceptions, generally balanced, and demonstrate a commitment to finding a way forward that maintains national security, but not at the expense of justice. Broadly speaking, this involves "transferring many of the detainees to their home countries, sending some to third countries and bringing the remainder -- including those who would be prosecuted for war crimes -- to secure facilities in the United States."

While this seems to me to be both sensible and practical, I do have strong reservations about some of Waxman's other conclusions. He writes, for example, that "the evidence against a particular suspect often can't be presented in open civilian court without compromising intelligence sources and methods," adding, rather coyly, I think, "Or the evidence may not be admissible under US criminal law rules." What this means is preventing all mention of torture by US forces, whereas this is one Pandora's Box whose lid will one day have to be prised open and dealt with, if the United States is ever to regain any kind of moral standing. And while few would dispute his point that "a durable, long-term framework for handling detainees" is needed, it's profoundly disturbing that he seeks a solution that "lets us hold the most dangerous individuals and collect intelligence from them (including through lawful interrogation)." Read between the lines: it means, "also including through unlawful interrogation."

These substantial caveats aside, Waxman's overall drive -- to find a way of "forging a broad agreement about the minimum acceptable conditions for any long-term detention process, firmly within the rule of law" -- is to be commended, as a basis for crucial discussions that need to be undertaken. In the end, however, what makes his change of heart so significant is that, back in 2004 and 2005, while he was deputy assistant secretary of defense for detainee affairs, he apparently played a significant role in manipulating the results of at least one of the Combatant Status Review Tribunals, the military reviews convened to assess whether the detainees had been correctly designated as "enemy combatants." Heavily criticized by lawyers and human rights activists for denying detainees access to lawyers and relying on classified evidence based on hearsay, coercion and torture, the tribunals have recently been subjected to severe criticism from former insiders who served on the panels or were involved in compiling the "evidence" used in them.

In the case of Anwar Hassan, one of 22 Uyghur detainees (Chinese Muslims from the Xinjiang province), it was, apparently, on Waxman's explicit instructions that Hassan, who was cleared in his first CSRT, was subjected to a second CSRT that reversed the decision made in the first tribunal. As I reported in July, Hassan's lawyers, Angela Vigil and George Clarke, noted that, "[c]ontrary to the government's suggestion," the change of determination between the first and second CSRTs was not based on "additional classified information," (of which there was none) but seemed, instead, to have been based solely on "communications" from Matthew Waxman "pressing for [a] reversal" of the first CSRT determination.

With the benefit of this information, perhaps the most personally revealing passage in Waxman's Washington Post article is his confession that "Some of [the detainees] should never have been there (including several supposed jihadists turned over for bounty based on assertions that later proved flimsy)." His corollary, that "such imprisonments have had tragic and dangerous consequences," is therefore welcome, as are the concluding lines of his article, in which he writes, "Both of these proposals -- shutting Guantánamo Bay and establishing robust judicial review of detentions -- carry risks. But those risks should kick-start the discussion, not end it. Detention policy is not about eliminating dangers, but about balancing and managing competing dangers. And keeping Gitmo open -- sapping US prestige, alienating our allies and handing al-Qaeda a propaganda tool -- carries downsides, too. Civil libertarians and security-minded hawks will both no doubt criticize these suggestions. But it's past time to close Guantánamo Bay. Rumsfeld, my former boss, famously described the prison in 2002 as the 'least bad option.' Whatever the validity of his assessment then, my plan for shutting Gitmo is less bad now."

As one of these "civil libertarians" myself, I may surprise Matthew Waxman by fully endorsing his attempts to kick-start a meaningful dialogue about Guantánamo and the treatment of prisoners captured in the "War on Terror," even if I do not agree with all his conclusions. I also note, however, that by repudiating claims by the administration that Guantánamo houses the "worst of the worst," by conceding frankly that profound mistakes have been made (which implicitly condemns the administration's claims that those who are cleared for release are not innocent, but are, instead, "No Longer Enemy Combatants"), and by highlighting the damage caused to the reputation of the United States, Waxman has, in many significant ways, actually joined the "civil libertarian" camp.

Far from insisting that everyone in Guantánamo is an "innocent bystander" -- though many hundreds are, and many hundreds more were no more than foot soldiers in an inter-Muslim civil war which preceded 9/11 -- lawyers and human rights activists have maintained, for nearly six years now, that, whether "terrorists" or not, the only legitimate way to establish the facts and to proceed with prosecutions is to work within existing laws, and not to invent alternatives, which, like the reviled tribunals on which Waxman has eventually cast a critical eye, have more in common with repressive dictatorships than with the principles on which the United States was founded.

Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (to be published by Pluto Press in October 2007). Visit his website at: www.andyworthington.co.uk

He can be reached at: andy@andyworthington.co.uk

 


 

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