posted by Keito
Guantanamo: The Model for an American Police State
posted by Keito
2012-09-28 10:45:14“The means of defense against foreign danger historically have become the instruments of tyranny at home.” ~ James Madison
'For most Americans, the detention center at Guantanamo Bay — once the topic of heated political debate by presidential hopeful Barack Obama but rarely talked about by the incumbent President Obama — has become a footnote in the government’s ongoing war on terror.
Yet for the approximately 167 detainees still being held in that godforsaken gulag, 86 of whom have been cleared for release yet continue to be imprisoned at the facility, Guantanamo Bay is a lesson in injustice, American-style. It is everything that those who founded America vigorously opposed: kidnapping, torture, dehumanizing treatment, indefinite detention, being “disappeared” with no access to family or friends, and little hope of help from the courts.
For Adnan Latif — a 30-something-year-old Yemeni native detained at Guantanamo for ten years without a trial, despite a court ruling ordering his release and repeated military clearances ordering his transfer — his cell became his tomb. Latif, who had repeatedly engaged in hunger strikes and suicide attempts while proclaiming his innocence, was found dead in his cell in Guantanamo Bay mere days before the 11th anniversary of 9/11.
If Guantanamo is the symbol of American injustice, Latif’s death is the realization of that injustice, the proclamation of how far we have strayed from the original vision of America as a shining city on a hill, a beacon of freedom and hope for the world. Ten years after opening for business, Guantanamo Bay stands as a manifestation of America’s failure to abide by the rule of law and its founding principles in the post-9/11 era. As Baher Azmy notes in the New York Times, its defining features have been the denial of judicial oversight and its exclusion of lawyers. Making matters worse, “far from closing the prison camp as he promised, President Obama is steadily returning Guantanamo to the secretive and hopeless internment camp that he vilified as a candidate.”
Examples of torture in Guantanamo and other American black site prisons are widely known, including waterboarding, beatings, and sensory deprivation. What is less widely known is that most of those forcibly arrested and tortured in Guantanamo have had nothing to do with terrorist activities. Most prisoners in Gitmo, including Murat Kurnaz, a detainee for five years, were not captured on the “battlefield,” but rather kidnapped and sold to the American government by local tribesmen. Kurnaz fetched $3,000 as a result of American fliers distributed across Afghanistan promising poor Afghans “enough money to take care of your family, your village, your tribe for the rest of your life” in return for prisoners. Kurnaz, who was punched in the gut, dunked under water, and hung from ceiling chains during his imprisonment, was eventually sent back to his native Germany on a C-17 military flight which cost American taxpayers over $1 million.
Lakhdar Boumediene was arrested in late 2001 while working as the director of a humanitarian aid clinic helping the victims of the Balkan conflicts. Despite having no evidence that he was tied to any terrorist activity, he was arrested and shipped to Guantanamo Bay and kept there without charge for seven years. Boumediene eventually challenged his detention. In 2008, the US Supreme Court ruled in Boumediene v. Bush that Guantanamo prisoners are guaranteed a “meaningful opportunity” to challenge their continued imprisonment.
Despite this ruling, indefinite detention is still the norm at Guantanamo. The Obama Administration shares the blame for this state of affairs. Having once promised to abolish Guantanamo, the president has now urged the U.S. Supreme Court to avoid reviewing Guantanamo detainees’ appeals. Incredibly, the Supreme Court has abided by this request, refusing to hear the appeals of any prisoners. As journalist Adam Serwer wrote for Mother Jones, “Gitmo detainees have now lost virtually every avenue – other than dying in detention – for leaving the detention camp.”
And die they do. The most recent detainee to “leave” Guantanamo was Adnan Latif, who spent most of his time at Guantanamo in solitary confinement with his hands in cuffs. He was recommended for transfer out of Guantanamo three times. However, Latif, along with 56 other Yemenis who have been cleared for release, continued to languish in the prison because the Obama Administration has placed an indefinite moratorium on transferring innocent Yemenis back to their native country.
What is the legacy of Guantanamo Bay? 171 men continue to languish there. The Bush torture program has been legitimized by the Obama administration, and indefinite detention has been codified as law. Guantanamo bleeds our coffers, costing $800,000 a year per detainee. And with a government that possesses the awesome power to indefinitely detain whomever it pleases, we are much, much less safe than we were 11 years ago.
Despite these obvious warning signs of a coming authoritarian state, a CNN poll from 2010 indicates that 60 percent of Americans would like Guantanamo to remain open. Yet what most Americans fail to realize, however, is that Guantanamo Bay is no different from every other aspect of America’s military empire, whether it be weaponry or military strategy, which has been tested against so-called “insurgents” abroad only to be brought home and used against American citizens. In this way, we are being conditioned to not only tolerate the government’s constant undermining of our freedoms but to actually condone the increasing assaults of our rights in the name of national security.
To put it more bluntly, we are being conditioned to live as prisoners in an Orwellian police state. Worse, we are being taught to enjoy our prison walls.
Encouraged by politicians and pundits to wade through life in a constant state of fear and apathy while being fed the bread and circuses of the corporate-entertainment complex, Americans have become accustomed to the illusion of security. In the process, we are finding ourselves subjected to a veritable arsenal of military firepower, government surveillance and battlefield tactics.
Such was the case with so-called “non-lethal” weapons of compliance — tear gas, tasers, sound cannons and barf beamers — all of which were first used on the battlefield before being deployed against civilians at home. Similarly, drones — unmanned aerial vehicles — were used exclusively by the military to carry out aerial surveillance and attacks in Iraq and Afghanistan only now to be authorized by Congress and President Obama for widespread use in American airspace.
To anyone connecting the dots, it all makes sense — the military drills carried out in major American cities, the VIPR inspections at train depots and bus stations, the SWAT team raids on unsuspecting homeowners, the Black Hawk helicopters patrolling American skies. All of these so-called training exercises habituate Americans to an environment in which the buzz of Black Hawk helicopters and the sight of armed forces rappelling onto buildings or crashing through doors is commonplace.
The enactment of the National Defense Authorization Act (NDAA) in January 2012, which allows the military to arrest and indefinitely detain anyone, including American citizens, only codifies this unraveling of our constitutional framework. Viewed in conjunction with the government’s increasing use of involuntary commitment laws to declare individuals — especially American military veterans — mentally ill and lock them up in psychiatric wards for extended periods of time, the NDAA appears even more menacing.
Throw in the profit-driven corporate incentive to jail Americans in private prisons, as well as the criminalizing of such relatively innocent activities as holding Bible studies in one’s home or sharing unpasteurized goat cheese with members of one’s community, and you have a 10-step blueprint for how to transform a republic into a police state without the populace cluing in until it’s too late.'
US investigates possible WikiLeaks leaker for 'communicating with the enemy'
posted by Keito
2012-09-28 10:32:20'US military's new legal theory threatens to convert unauthorized leaks into a capital offense. Who is the real 'enemy'?
A US air force systems analyst who expressed support for WikiLeaks and accused leaker Bradley Manning triggered a formal military investigation last year to determine whether she herself had leaked any documents to the group. Air Force investigative documents, obtained through a Freedom of Information Act request, show that the analyst was repeatedly interviewed about her contacts with and support for WikiLeaks - what investigators repeatedly refer to as the "anti-US or anti-military group" - as well as her support for the group's founder, Julian Assange.
The investigation was ultimately closed when they could find no evidence of unauthorized leaking, but what makes these documents noteworthy is the possible crime cited by military officials as the one they were investigating: namely, "Communicating With the Enemy", under Article 104 of the Uniform Code of Military Justice (UCMJ).
That is one of the most serious crimes a person can commit - it carries the penalty of death - and is committed when a person engages in "unauthorized communication, correspondence, or intercourse with the enemy". The military investigation form also requires investigators to identify the "victim" of the crime they are investigating, and here, they designated "society" as the victim:
How could leaking to WikiLeaks possibly constitute the crime of "communicating with the enemy"? Who exactly is the "enemy"? There are two possible answers to that question, both quite disturbing.
The first possibility is the one suggested by today's Sydney Morning Herald article on these documents (as well as by WikiLeaks itself): that the US military now formally characterizes WikiLeaks and Assange as an "enemy", the same designation it gives to groups such as Al Qaeda and the Taliban. This would not be the first time such sentiments were expressed by the US military: recall that one of the earliest leaks from the then-largely-unknown group was a secret report prepared back in 2008 by the US Army which, as the New York Times put it, included WikiLeaks on the Pentagon's "list of the enemies threatening the security of the United States". That Army document then plotted how to destroy the group.
But it's the second possibility that seems to me to be the far more likely one: namely, that the US government, as part of Obama's unprecedented war on whistleblowers, has now fully embraced the pernicious theory that any leaks of classified information can constitute the crime of "aiding the enemy" or "communicating with the enemy" by virtue of the fact that, indirectly, "the enemy" will - like everyone else in the world - ultimately learn of what is disclosed.
Indeed, the US military is currently prosecuting accused WikiLeaks leaker Bradley Manning on multiple charges including "aiding the enemy", also under Article 104 of the UCMJ, and a capital offense (though prosecutors are requesting "only" life imprisonment rather than execution). Military prosecutors have since revealed that their theory is that the 23-year-old Army Private "aided al-Qaida by leaking hundreds of thousands of military and other government documents" -- specifically, that "Manning indirectly aided al-Qaida in the Arabian Peninsula by giving information to WikiLeaks."
It seems clear that the US military now deems any leaks of classified information to constitute the capital offense of "aiding the enemy" or "communicating with the enemy" even if no information is passed directly to the "enemy" and there is no intent to aid or communicate with them. Merely informing the public about classified government activities now constitutes this capital crime because it "indirectly" informs the enemy.
The implications of this theory are as obvious as they are disturbing. If someone can be charged with "aiding" or "communicating with the enemy" by virtue of leaking to WikiLeaks, then why wouldn't that same crime be committed by someone leaking classified information to any outlet: the New York Times, the Guardian, ABC News or anyone else? In other words, does this theory not inevitably and necessarily make all leaking of all classified information - whether to WikiLeaks or any media outlet - a capital offense: treason or a related crime?
International Law Professor Kevin Jon Heller made a similar point when the charges against Manning were first revealed:
"[I]f Manning has aided the enemy, so has any media organization that published the information he allegedly stole. Nothing in Article 104 requires proof that the defendant illegally acquired the information that aided the enemy. As a result, if the mere act of ensuring that harmful information is published on the internet qualifies either as indirectly 'giving intelligence to the enemy' (if the military can prove an enemy actually accessed the information) or as indirectly 'communicating with the enemy' (because any reasonable person knows that enemies can access information on the internet), there is no relevant factual difference between Manning and a media organization that published the relevant information."
Professor Heller goes on to note that while "WikiLeaks or the New York Times could not actually be charged under Article 104" because "the UCMJ only applies to soldiers", there is nonetheless "still something profoundly disturbing about the prospect of convicting Manning and sentencing him to life imprisonment for doing exactly what media organizations did, as well".
What these new documents reveal is that this odious theory is not confined to Manning. The US military appears to be treating all potential leaks - at least those to WikiLeaks - as "aiding" or "communicating with" the enemy. But there is no possible limiting principle that would confine that theory only to such leaks; they would necessarily apply to all leaks of classified information to any media outlets.
It is always worth underscoring that the New York Times has published far more government secrets than WikiLeaks ever has, and more importantly, has published far more sensitive secrets than WikiLeaks has (unlike WikiLeaks, which has never published anything that was designated "Top Secret", the New York Times has repeatedly done so: the Pentagon Papers, the Bush NSA wiretapping program, the SWIFT banking surveillance system, and the cyberwarfare program aimed at Iran were all "Top Secret" when the newspaper revealed them, as was the network of CIA secret prisons exposed by the Washington Post). There is simply no way to convert basic leaks to WikiLeaks into capital offenses - as the Obama administration is plainly doing - without sweeping up all leaks into that attack.
Of course, that outcome would almost certainly be a feature, not a bug, for Obama officials. This is, after all, the same administration that has prosecuted whistleblowers under espionage charges that threatened to send them to prison for life without any evidence of harm to national security, and has brought double the number of such prosecutions as all prior administrations combined. Converting all leaks into capital offenses would be perfectly consistent with the unprecedented secrecy fixation on the part of the Most Transparent Administration Ever™.
The irony from these developments is glaring. The real "enemies" of American "society" are not those who seek to inform the American people about the bad acts engaged in by their government in secret. As Democrats once recognized prior to the age of Obama - in the age of Daniel Ellsberg - people who do that are more aptly referred to as "heroes". The actual "enemies" are those who abuse secrecy powers to conceal government actions and to threaten with life imprisonment or even execution those who blow the whistle on high-level wrongdoing.'
U.S. May Have Designated Julian Assange and WikiLeaks An
posted by Keito
2012-09-28 10:26:05'Documents obtained under the Freedom of Information Act show WikiLeaks founder Julian Assange may have been designated an "enemy of the state" by the United States. U.S. Air Force counter-intelligence documents show military personnel who contact WikiLeaks or its supporters may be at risk of being charged with "communicating with the enemy" — a military crime that carries a maximum sentence of death. We speak to attorney Michael Ratner, president emeritus of the Center for Constitutional Rights and a legal advisor to Assange and WikiLeaks.'
Secret Ruling Against The NSA For Spying On Americans
posted by Keito
2012-09-11 16:04:53'The Electronic Frontier Foundation (EFF) is suing the Justice Department for details of last month's ruling by a secretive U.S. court that National Security Agency's domestic spying program violated the U.S. Constitution, Jon Brodkin of arstechnica reports.
The Foreign Intelligence Surveillance Court (FISC) found that "on at least one occasion" the NSA had violated the Fourth Amendment’s restriction against unreasonable searches and seizures.
The decision is classified “because of the sensitive intelligence matters" it concerns, according to a letter from Seb. Ron Wyden (D-OR) to Congress that was acquired by Wired.
The EFF wants the information because of its current lawsuit against the NSA (i.e. Jewel vs. NSA) that alleges the U.S. government operates an illegal mass domestic surveillance program. Three NSA whistleblowers—including William Binney—agreed to provide evidence that the NSA has been running a domestic spying program since 2001.
The kicker is that there is ample evidence that the NSA has gone above and beyond the powers granted through the 2008 FISA Amendment Act by actively spying on the electronic communications of American citizens within the U.S. and by coercing service providers to feed it any and all information it wants.
That is what FISC found and what the government does not want to admit.'