Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
Disclaimer: In accordance with title 17 u.s.c. section 107, this material is distributed without profit for research and educational purposes.
The Sir! No Sir! Blog has no affiliation whatsoever with the originator of this article nor is the Sir! No Sir! Blog endorsed or sponsored by the originator. Links are provided to allow for verification of authenticity.
Accountability for torture
Although much has been revealed about the Bush administration's torture program, those in the upper echelons of the administration who conceived of, crafted, and approved the program have almost entirely escaped accountability. The graphic below diagrams the participation of these high-level officials in the torture program based upon publicly available documents.
The abuses committed as a result of the torture program are serious, and the publicly available evidence of senior involvement is considerable and still mounting. It is important to remember, however, that the full story has yet to be told. The government continues to suppress countless, important documents revealing even more about the genesis of the torture program. Uncovering the full extent of the program is paramount now as we, as a nation, move beyond the troubling past and reformulate interrogation policies for a more hopeful future.
This list, compiled by David Swanson, was published by After Downing Street
Compiled below, in hopes that it may be of some assistance to Eric Holder, John Conyers, Patrick Leahy, active citizens, foreign courts, the International Criminal Court, law firms preparing civil suits, and local or state prosecutors with decency and nerve is a list of 50 top living U.S. war criminals. These are men and women who helped to launch wars of aggression or who have been complicit in lesser war crimes. These are not the lowest-ranking employees or troops who managed to stray from official criminal policies. These are the makers of those policies.
The occupations of Iraq and Afghanistan have seen the United States target civilians, journalists, hospitals, and ambulances, use antipersonnel weapons including cluster bombs in densely settled urban areas, use white phosphorous as a weapon, use depleted uranium weapons, employ a new version of napalm found in Mark 77 firebombs, engage in collective punishment of Iraqi civilian populations -- including by blocking roads, cutting electricity and water, destroying fuel stations, planting bombs in farm fields, demolishing houses, and plowing down orchards -- detain people without charge or legal process without the rights of prisoners of war, imprison children, torture, and murder.
The list below does not include those responsible for war crimes prior to 2001. Nor does it include those currently in power who are making themselves complicit by failing to prosecute or cease commission of these crimes. The list could be greatly expanded. It could also be narrowed. I would argue, however, that it presents a more reasonable starting place than Holder's reported proposal to investigate only CIA employees who failed to comply with criminal torture policies, of whom there are no doubt more than 50.
Because each of the people on this list should be nonviolently protested everywhere they go (more on that below), I have organized them by location. Please post updates on where they are as comments at http://afterdowningstreet.org/warcriminals CALIFORNIA 1. John Yoo: Professor of Law at Boalt Hall School of Law in Berkeley, California, with house at 1241 Grizzly Peak Blvd., Berkeley, (but a lawyer with the Pennsylvania bar from which he should be disbarred and would be if enough people demanded it) counseled the White House on how to get away with war crimes, wrote this memo promoting presidential power to launch aggressive war, and claimed the power to decree that the federal statutes against torture, assault, maiming, and stalking do not apply to the military in the conduct of the war, and to announce a new definition of torture limiting it to acts causing intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result. Yoo claimed in 2005 that a president has the right to enhance an interrogation by crushing the testicles of someone's child. Yoo has been confronted in his classroom: video, and defended by the Washington Post, and again confronted in the classroom.
Additional collaborators: 2. Robert J. Delahunty, Yoo colleague, should be disbarred in NY 3. Patrick F. Philbin, Yoo colleague, Deputy, should be disbarred in D.C. and MA 4. Jay Bybee: federal judge on the United States Court of Appeals for the Ninth Circuit, headquartered in San Francisco, California (but Bybee based in Las Vegas), counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above. He signed not only torture memos but also a memo purporting to legalize illegal and unconstitutional wars. BYBEE SHOULD BE IMPEACHED. He works, among other places, at the James R. Browning Courthouse, 95 7th Street, San Francisco, CA 94103, -- This is a giant marble building in the center of the city represented in Congress by the Speaker of the House. 5. William J. "Jim" Haynes, II: was General Counsel to the Department of War ("Defense"). He is now Chief Corporate Counsel at the Chevron Corporate Office in San Ramon, California. He counseled the White House on how to get away with war crimes, including by drafting memos for Yoo. Works at Chevron Headquarters, 6001 Bollinger Canyon Road, San Ramon, CA 94583. Member of bar in GA, NC, DC.
More collaborators: 6. Major General (Ret.) Michael E. Dunlavey, (now Judge, Erie County Court, Common Pleas, Erie, PA 7. Diane Beaver, top military lawyer at Gitmo 8. Jack Landman Goldsmith, III, [the illegal transfer memo in March 2004], DoD General Counsel's Office at Pentagon 9. Ms. Eliana Davidson, International Law Division, Office of the General Counsel, Office of the Secretary of "Defense" 10. Colin Powell: strategic limited partner with Kleiner, Perkins, Caufield & Byers, a Silicon Valley venture capital firm, appears as a speaker in a series of motivational events called Get Motivated, board member of Revolution Health and of the Council on Foreign Relations, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied to the United Nations about the grounds for war in a failed attempt to legalize a war of aggression, and was in fact a leading liar in making the false case for an illegal war of aggression. NEW YORK 11. Henry Kissinger: lives in Kent, Connecticut, and works at Kissinger Associates, 350 Park Avenue, New York, N.Y., had a resume envied by other war criminals long before he advised George W. Bush to commit war crimes. Here's a partial list of his crimes. 12. Nicholas E. Calio: Citigroup's Executive Vice-President for Global Government Affairs served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies 13. Michael Mukasey: works in New York, N.Y. Some of his crimes are detailed at DisbarTortureLawyers.com. TEXAS 14. George W. Bush: lives at 10141 Daria Place, Dallas, Texas. His crimes are described at http://afterdowningstreet.org/bush and at War Criminals Watch and at The 13 people who made torture possible. 15. Karen Hughes: lives in Austin, Texas, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 16. Paul Bremmer lives in Chester, Vermont, and also works in Austin, Texas. His crimes are listed at War Criminals Watch WASHINGTON, D.C. 17. Dick Cheney: The former vice president lives nextdoor to CIA headquarters at 1126 Chain Bridge Road, McLean, Va. His crimes are documented at http://impeachcheney.org and at The 13 people who made torture possible and at War Criminals Watch. 18. John Rizzo: The General Counsel for the CIA (then and now) works nextdoor to Dick Cheney's house at the headquarters of the CIA in McLean, Va. His crimes are described in The 13 people who made torture possible.
More collaborators: 19. Robert Eatinger, CIA lawyer 20. Steven Hermes, CIA's National Clandestine Service (NCS) 21. Paul Kelbaugh, Deputy Legal Counsel, CTC, CIA 22. Steven Bradbury: also of McLean, Va., is described along with his crimes at SourceWatch, DisbarTortureLawyers.com, and The 13 people who made torture possible. 23. David Addington: was chief of staff to Dick Cheney in Washington, D.C., counseled the White House on how to get away with war crimes, including by helping Yoo draft the memo linked above, and drafted signing statements for Bush declaring the right to violate laws redundantly banning war crimes including torture and the construction of permanent bases in Iraq and efforts to control Iraq's oil. Lives at 103 W Maple Street, Alexandria, VA 22301-2605 -- This is a few blocks from the King Street Metro Stop. 24. Condoleezza Rice: served as Secretary of State in Washington, D.C., and can be found frequenting shoe stores, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, lied about mushroom clouds, and was in fact a leading liar in making the false case for an illegal war of aggression. 25. Donald Rumsfeld: lives in Washington, D.C., and at former slave-beating plantation "Mount Misery" on Maryland's Eastern Shore near St. Michael's and a home belonging to Dick Cheney, as well as at an estate outside Taos, New Mexico. He took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, and was in fact a leading liar in making the false case for an illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 26. George Tenet: Distinguished Professor in the Practice of Diplomacy at Georgetown University in Washington, D.C., took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people, oversaw the Central Intelligence Agency as it engaged in illegal renditions, detentions, torture, murder, and coverups of crimes, as well as helping to build a false case for an illegal war of aggression. 27. John Ashcroft: has his own lobbying company through which to profit from his government connections: The Ashcroft Group, LLC, 1399 New York Avenue, N.W., Suite 950, Washington, DC 20005, Phone: 202.942.0202, Fax: 202.942.0216, email@example.com took part in White House meetings personally overseeing and approving torture by authorizing the use of specific torture techniques including waterboarding on specific people. 28. Alberto Gonzales: has hired a criminal-defense lawyer George Terwilliger, partner at White & Case, to defend him, while others have created a trust fund to help pay for his legal expenses, meanwhile Gonzales has been unable to find work as a lawyer himself, so his income comes from speaking engagements, then White House counsel, wrote a memo on January 25, 2002. It explained that under the 1996 War Crimes Act, U.S. officials might be prosecuted for violating the Geneva Conventions for actions in Afghanistan (and future parts of the "war on terror"), with penalties up to and including death. He suggested that Bush declare that the Taliban and Al Qaeda weren't covered by Geneva, to be on the safe side. Bush did so. Gonzo now has a job at Texas Tech, but not teaching law. Help this effort to boot him! Remember that we drove him out of office by almost impeaching him. 29. Paul Wolfowitz: lives in Chevey Chase, Maryland, and is a visiting scholar at the American Enterprise Institute in Washington, D.C., advocated illegal war of aggression, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 30. Doug Feith: serves on the faculty of the Edmund A. Walsh School of Foreign Service at Georgetown University in Washington, D.C., as a Professor and Distinguished Practitioner in National Security Policy, manufactured, cherry picked, and distorted information, and pressured others to do the same, to help build a false case for an illegal war of aggression, and advocated early and openly for an illegal war of aggression against a "non-al qaeda target." Also works at Hudson Institute, 1015 15th Street, N.W., 6th Floor, Washington, DC 20005, three blocks from the White House. 31. Elliot Abrams: served as Deputy National Security Advisor for Global Democracy Strategy in Washington, D.C., and wherever he can do the most damage around the world, was a well-established war criminal even before he pushed for wars of aggression for years as a participant in the Project for a New American Century, helped to build a false case for attacking Iraq, and supported a failed coup attempt in Venezuela. 32. Karl Rove: owns million dollar houses in Washington, D.C., and Florida, and works for Fox News, Newsweek, and the Wall Street Journal when not testifying to congressional committees or federal prosecutors about his numerous unindicted non-war crimes. He served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies.
(According to Star80 at DemocraticUnderground, Rove "can be found stuffing his fat pasty little face with crab meat at Cafe 30A in Santa Rosa Beach FL: http://www.cafethirtya.com - 3899 East County Highway 30A Santa Rosa Beach FL 32459.")
(Citizens arrest of Rove attempted in Iowa, and in California, and in New York.) 33. I. Lewis Libby: lives in McLean, Virginia, and has been disbarred in Washington, D.C., and Pennsylvania, served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, took part in exposing an undercover agent as retribution for exposing one of WHIG's lies, has already been convicted of obstruction of justice for interfering with investigation, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 34. Mary Matalin: married to James Carville, both of them addicted to Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 35. Stephen Hadley: served as National Security Advisor to the President in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies, and took part in exposing an undercover agent as retribution for exposing one of WHIG's lies. 36. James R. Wilkinson: worked for Bush as Deputy National Security Advisor for Communications in Washington, D.C., served as a member of the White House Iraq Group (WHIG) which planned the marketing of an illegal war of aggression on the basis of lies. 37. John Bolton: lives in Bethesda, Maryland, is a member of a Lutheran Church, works for the law firm Kirkland and Ellis LLP, 655 Fifteenth Street, N.W., Washington, D.C. 20005-5793, T: +1 202-879-5000, F: +1 202-879-5200, is associated with the American Enterprise Institute, Jewish Institute for National Security Affairs, Institute of East-West Dynamics, National Rifle Association, US Commission on International Religious Freedom, and the Council for National Policy, helped to launch an illegal war of aggression by disseminating false claims through the State Department while he was under-secretary of state for arms control, and pushed for wars of aggression for years as a participant in the Project for a New American Century. 38. Michael Chertoff: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com. 39. Timothy Flanigan: works in Washington, D.C. Some of his crimes are detailed at DisbarTortureLawyers.com. 40. Alice Fisher: works in Washington, D.C. Some of her crimes are detailed at DisbarTortureLawyers.com. 41. John Bellinger works in Washington, D.C. His crimes are listed at War Criminals Watch. 42. John Negroponte works in Washington, D.C. His crimes are listed at War Criminals Watch. 43. Jonathan Fredman was a top torture lawyer under John Rizzo at the CIA: details. 44. Scott Muller was general counsel at the CIA: details. 45. Kyle D. "Dusty" Foggo was instrumental in setting up illegal secret prisons. NEBRASKA: 46. Andrew Card works in Omaha, NE. His crimes are listed at War Criminals Watch. AFGHANISTAN: 47. Stanley McChrystal has been promoted as reward for his war crimes. UNKNOWN LOCATION:
48. James Mitchell: From The 13 people who made torture possible:
Even while Addington, Gonzales and the lawyers were beginning to build the legal framework for torture, a couple of military psychologists were laying out the techniques the military would use. James Mitchell, a retired military psychologist, had been a leading expert in the military's SERE program. In December 2001, with his partner, Bruce Jessen, Mitchell reverse-engineered SERE techniques to be used to interrogate detainees. Then, in the spring of 2002, before OLC gave official legal approval to torture, Mitchell oversaw Abu Zubaydah's interrogation. An FBI agent on the scene describes Mitchell overseeing the use of "borderline torture." And after OLC approved waterboarding, Mitchell oversaw its use in ways that exceeded the guidelines in the OLC memo. Under Mitchell's guidance, interrogators used the waterboard with "far greater frequency than initially indicated" -- a total of 183 times in a month for Khalid Sheikh Mohammed and 83 times in a month for Abu Zubaydah.
More on Mitchell and Jessen. 49. Tommy Franks: His crimes are listed at War Criminals Watch. 50. Michael Hayden: His crimes are listed at War Criminals Watch. Heck, let's make it a full deck of 52, by including Bruce Jessen mentioned above and Erik Prince of Blackwater.
*** No Justice, No Peace Judge's comment on Rove's citizen arrest in Iowa: "It's about time."
We encourage you to nonviolently protest these people and insist that they be given what so many of them have denied others: a fair trial. We encourage you to attempt to make citizen's arrests, after consulting lawyers and learning how to avoid any unnecessary criminal risk to yourselves. It is possible to confront a war criminal at a public event and announce a "citizen's arrest!" without actually touching (or handcuffing) the criminal.
You may want to avoid announcing that you're coming, because the war criminal may choose to escape.
Your team should include one or more people who can produce an excellent video and be extremely fast in editing and posting it online. Your team should ideally include a lawyer. And, of course, people who can read the charges and question the suspect. Everyone on your team should be able to keep a secret while you're planning your arrest or protest.
Read the war criminal their rights, rights they have denied others:
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you."
Read the war criminal the charges against them.
Ask the war criminal if they would like to say anything.
Once you have good video footage, your top priority becomes immediately getting it edited (if necessary) and online.
If possible, turn the war criminal over to the police.
Pass out flyers to passersby.
Send statement to the media and/or have the media present.
Consult a lawyer to avoid unnecessary risks of violating laws while enforcing the law. According to Wikipedia, "A citizen's arrest is an arrest made by a person who is not a sworn law enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, when sheriffs encouraged ordinary citizens to help apprehend law breakers. Despite the title, the arresting person does not usually have to be a citizen of the country where he is acting, as they are usually designated as any person with arrest powers.... Each state with the exception of North Carolina permits citizen arrests if the commission of felony is witnessed by the arresting citizen... The application of state laws varies widely with respect to ... felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections of police, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights. Though North Carolina General Statutes have no provision for citizen's arrests, detention by private persons is permitted and apply to both civilians and police officers outside their jurisdiction. Detention, being different from an arrest in the fact that a detainee may not be transported without consent, is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property ... A person who makes a citizen's arrest could risk exposing himself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights are violated." In the case of the war criminals we propose detaining, they are most if not all public figures and we have all witnessed their felonies, as detailed above.
Be prepared to post your video online in multiple places: Youtube, Google, and After Downing Street.
Known upcoming public appearances of war criminals who should be protested and citizen arrested: List. Map. See also: War Criminals Watch.
For more on holding the biggest criminals accountable, see http://prosecutebushcheney.org *****
See also: "Crimes and Misdemeanors: Slate's interactive guide: Who in the Bush administration broke the law, and who could be prosecuted?" by Emily Bazelon, Kara Hadge, Dahlia Lithwick, and Chris Wilson. This guide includes some of those complicit in crimes other than war crimes, such as DOJ hirings and firings, destruction of CIA tapes, and illegal spying. (Of course, Karl Rove shows up in every part of every list.)
This article by Krystalline Kraus, was originally published by Rabble News, June 17, 2009
Canadian Prime Minister Stephen Harper and Citizenship and Immigration Minister Jason Kenney have the political power to decide who they want to let into Canada and who they want to keep out.
With the power to make these decisions, a pattern has emerged where the current Conservative government has laid out the red carpet for former U.S. government officials such as George W. Bush, Bill Clinton and Condoleezza Rice. While other people seeking entry or residency to Canada have encountered nothing but a locked door and an unwelcome mat. Or, if they currently reside in Canada, they are about to be kicked out.
With a strong case being built around charging Bush with war crimes, why was he allowed into Canada without question or scrutiny by the government and Royal Canadian Mounted Police when others have been denied?
Again, it comes down to political choices and political will.
Minister of Citizenship and Immigration, Jason Kenney, has made numerous public statements defending the impartiality of Canada’s immigration system but a developing pattern is emerging regarding who is on Canada’s Most Wanted vs. Most Un-wanted list -- so much so that Jason Kenney has been dubbed by Canadian activists as the new “Minister of Censorship and Deportation.”
While Kenney has stated that the Ministry of Immigration and Citizenship is separate from the country’s immigration system (and denies the ability to interfere politically), the operational truth is that these two political entities work in conjunction with one another.
For example, Minister Kenney has the ability to shape the immigration policy, the basis of the immigration system.
Minister of Public Safety and Emergency Preparedness, Peter Van Loan, who is in charge of Canada Border Services Agency (CBSA), has control over this enforcement arm of the Canadian immigration system.
This means Kenney has the power to table legislation and set policy to prevent a deportation and Van Loan could grant a waiver to halt a deportation by the CSBA.
If they wanted to.
Here’s an overview of who Canada has let into this country, who it has kept out and who it is currently trying to kick out. Who’s in
On Friday May 29, 2009, Presidents “W.” Bush and Clinton were invited to come to Toronto to speak about their legacies as U.S. presidents. The event was sponsored by such corporations such as the Globe and Mail, TD Financial Group, Nayarit Gold Mining and the Toronto Board of Trade.
Protesters outside the Convention Centre where the two men spoke were more concerned with the presidents’ legacies regarding war crimes:
President George W. Bush and his administration for their actions in Iraq, including his declaration of pre-emptive war and his support of CIA-operated rendition sites and torture practices.
President Bill Clinton and his administration for working through the United Nations Security Council to impose sanctions on Iraq between 1990-2003 and for the NATO bombing of Serbia in 1999.
Bush had previously visited Calgary, Alberta for another speaking engagement on March 17, 2009. Protesters in both Calgary and Toronto were infuriated to hear that Canada had allowed suspected war criminals to freely enter the country.
Upon hearing that Bush would be travelling to Canada, Lawyers Against the War (LAW) issued a statement to the Royal Canadian Mounted Police (RCMP) asking that Bush be denied entry into Canada under Canada’s Immigration and Refugee Protection Act -- Section 35(1)(a), because Bush is a war criminal under Canada's Crimes Against Humanity and War Crimes Act -- Sections 4 to 7 / subsections 6(3) to (5)
Along with Clinton and Bush, other prominent members of the Bush’s administration, or Bush’s “war allies,” have been allowed to enter Canada. These include: Condeleezza Rice’s (former U.S. Secretary of State) visit to Calgary on May 13, 2009; Michael Chertoff’s (former U.S. Secretary of Homeland Security) visit to Ottawa on February 23, 2007; John Howard’s (former Prime Minister of Australia and member of Bush’s Coalition of the Willing) visit Ottawa on May 18, 2006; and Donald Rumsfeld’s (former U.S. Secretary of Defence) visit to Banff, Alberta on September 13, 2006.
Canada’s decision to allow individuals such as Bush to cross the border establishes the trend of an open-door, blood-red carpet policy of inclusion to those who are suspected of committing war crimes
According to writer Joshua Blakeney, “It is clear that Canada is increasingly perceived to be a ‘safe haven’ for self-confessed torturers and war criminals who have committed what at Nuremburg -- reflecting upon the unilateralism and genocidal practices of Nazism -- was defined as the ultimate war crime of aggressive war.” Who’s Out
Juxtaposed against the list above of individuals Canada has allowed to cross its borders are individuals who have been denied entry or repatriation; the list of 'who’s out' reads like a black-list of prominent foreign peace activists and current Canadian citizens.
The most notorious case being that of British MP George Galloway, who was denied entry into Canada by the Canadian Border Service Agency (CBSA) on March 20, 2009, right before his Canadian speaking tour, because he was considered a threat to national security.
Citizenship and Immigration Minister Kenney could have overturned the decision but chose not to do so. The Federal government cited the Canadian Immigration and Refugee Protection Act (IRPA), Section 34(1), which reads among other points of order, that refusal can be based on whether, “e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).”
Along with Galloway, other peace activists and progressives who have been barred entry into Canada include: Reza Alijani (an award winning Iranian journalist with Reporters Without Borders) and; Shadi Sadr (a women’s activist in Iran) were denied entry into Canada in early May, 2009; and Ann Wright (retired U.S. Army colonel and peace activist) and Medea Benjamin (co-founder of Code Pink), who were denied entry into Canada on October 22, 2007.
Along with these peace activists, Canada has so far refused to repatriate Canadian citizens held in a hellish legal and diplomatic limbo, thus denying them re-entry into the country.
One such case is that of Omar Khadr, a Canadian citizen held captive in Guantanamo Bay for the past six years who seeks repatriation.
Khadr was captured by American forces at the age of 15 following a four-hour firefight with militants in the village of Ayub Kheyl, Afghanistan. He has spent six years in the Guantanamo Bay detention camps charged with war crimes and providing support to terrorism after allegedly throwing a grenade that killed a U.S. soldier, but has yet to face a U.S. military tribunal.
The youngest person held in Guantanamo bay and the only Western citizen left, the Canadian government has so far refused to demand his repatriation to Canada. On June 12, Prime Minister Harper told Fox News that “that Canada is not willing to take in Guantanamo Bay detainees.” This despite an April 23, 2009 Federal Court ruling ordering the government of Canada to seek Omar Khadr's repatriation from the United States.
Another Canadian citizen suspended in diplomatic limbo is Abousfian Abdelrazik, a Canadian citizen from Montreal who is currently stranded in Sudan, literally living inside the Canadian embassy for more than a year.
Abdelrazik was arrested on potential terrorism charges back in 2003 but the Sudanese government had released him without charges. Both the RCMP and the Canadian Security Intelligent Service (CSIS) have similarly stated they both have no evidence against him.
Regardless of his innocence, the Canadian government has refused to allow Abdelrazik back into Canada despite a June 4 Federal Court ruling which orders the Federal government to repatriate him. Who’s being kicked out
Included in the list of Canada’s most un-wanted are also those foreign nationals or refugee status applicants who face the threat of deportation from Canada because of the politics these individuals embody.
These include foreign nationals currently being held on Canadian Security Certificates. According to writer Justin Podur, “The entire security certificate process is based on urgency in placing someone in detention and ignoring due process, followed by a long, dragged out detention.”
Although major changes were made, including a February 2007 Federal Court ruling that struck down the security certificate system as violating the Canadian Charter, a re-vamped security certificate system still remains in place in Canada.
Podur writes, “In response to legal challenges to these secret deportation trials and opposition to draconian long-term detentions of people without trial, the government has released many of its detainees on house arrest. These include Mohamed Harkat, Mohammad Majoub, Mahmoud Jaballah, Adil Charkaoui, and most recently Hassan Almrei. Despite the pressures to ignore the lack of evidence, the courts have slowed down the government's rush to persecute these men.”
If the government’s security certificates withstand further court challenges, deportations of these men will begin.
Iraq war resisters seeking permanent residence status in Canada are another group of individuals and families facing impending deportation back to the United States in the coming months, where they face military court marshals and less-than honourable discharges from the U.S. military for their conscientious objections to being deployed to Iraq.
Canadian Parliament passed two majority motions in support of resisters, but Kenney has spoken out against them as a group from his position as minister in charge of immigration, referring to them as “bogus refugee claimants.”
Kenney was rebuked by writer John Hogan in a Toronto Sun article, where Hogan claimed the Minister was interfering politically in the cases of war resisters by speaking publically, exposing his government’s bias. While a spokesperson from Kenney’s office later stated that resister claims are being handled through what the government has called “independent tribunals,” Hogan countered, “The immigration officers who are deciding the war resisters' applications do not constitute ‘independent tribunals.’ They exercise decision-making authority delegated to them by the minister of citizenship and immigration."
Lee Zaslofsky, an organizer with the War Resisters Support Campaign (WRCS), called Minister Kenney's comments political interference on the supposedly independent Immigration and Refugee Board (IRB) tribunal, which passes judgment on resisters' immigration claims. He said, "Minister Kenney's comments show the Harper government has a blanket policy of opposition against war resisters, which makes it nearly impossible for them to be treated on a 'case-by-case basis' as our government has been leading Canadians to believe."
Criticism of Minister Kenney's remarks was also expressed through an open letter by Elizabeth McWeeney, President of the Canadian Council of Refugees. In the letter, written on January 8, 2009, she stated her concern surrounding Kenney's comments which she called, "highly inappropriate," since they "give the strong appearance of political interference."
Fear and exclusion
Take all the separate elements of exclusion from Canadian society through the Canadian immigration system and put them together and the common factor between all the different groups of the un-wanted revolve around our perception of ‘national security’; as if the current government is using fear to force to public into a false decision between people’s security or a person’s right to not be discriminated against based on someone else’s politics.
Again, it all comes down to political decisions. Ask yourself: would you rather our government allow a suspected war criminal into this country, or someone who promotes peace or simply wants to live here in peace?
This article, by Jason Leopold, was originally posted to Truthout.org, June 17, 2009
On January 25, 2002, then-White House counsel Alberto Gonzales advised George W. Bush in a memo to deny al-Qaeda and Taliban prisoners protections under the Geneva Conventions because doing so would "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act" and "provide a solid defense to any future prosecution."
Two weeks later, Bush signed an action memorandum dated February 7, 2002, addressed to Vice President Dick Cheney, which denied baseline protections to al-Qaeda and Taliban prisoners under the Third Geneva Convention. That memo, according to a recently released bipartisan report issued by the Senate Armed Services Committee, opened the door to "considering aggressive techniques," which were then developed with the complicity of then-Defense Secretary Donald Rumsfeld, Bush's National Security Adviser Condoleezza Rice, and other senior Bush officials.
"The President's order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, to al-Qaeda or Taliban detainees," says the committee's December 11 report.
"While the President's order stated that, as 'a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions,' the decision to replace well established military doctrine, i.e., legal compliance with the Geneva Conventions, with a policy subject to interpretation, impacted the treatment of detainees in US custody."
The Supreme Court held in 2006, in Hamdan v. Rumsfeld, that the prisoners were entitled to protections under the Geneva Conventions.
Many of the classified policy directives, such as Gonzales's memo to Bush, are now part of the public record thanks to the American Civil Liberties Union's (ACLU) Freedom of Information Act lawsuit against the Bush administration, which has so far resulted in the release of more than 100,000 pages of documents that shows how Bush officials twisted the law in order to build a legal framework for torture.
These documents have been posted on the ACLU's web site. But several hundred of the most explosive records were republished in the book "Administration of Torture" along with hard-hitting commentary by the ACLU's Jameel Jaffer, who heads the group's National Security Project, and Amrit Singh, a staff attorney with the organization.
Rumsfeld Wanted a "Product"
On February 14, 2002, just one week after Bush signed the action memo, Maj. Gen. Mike Dunlavey was contacted by Rumsfeld, who asked him to attend a Defense Department meeting with Rumsfeld, Wolfowitz, and others on February 21 or 22. At the meeting, Rumsfeld told Dunlavey he wanted him to oversee interrogations at the Guantanamo Bay naval facility in Cuba. Prisoners captured by US military personnel had first arrived at Guantanamo a month earlier. Dunlavey was a family court judge in Erie County, Pennsylvania, when he got the call from Rumsfeld and was placed in charge of interrogations at Guantanamo.
Rumsfeld told Dunlavey, according to a witness statement he made on March 17, 2005, to US Air Force Lt. Gen. Randall Schmidt, who was investigating FBI complaints about abuse at Guantanamo, that the Department of Defense had rounded up "a number of bad guys" and the secretary of defense "wanted a product and wanted intelligence now." Rumsfeld "wanted to set up interrogation operations and to identify the senior Taliban and senior operatives and to obtain information on what they were going to do regarding their operations and structure," Dunlavey said, according to a copy of his witness statement. "Initially, I was told that I would answer to SECDEF (Secretary of Defense) and [US Southern Command]. The directions changed and I got my marching orders from the President of the United States. I was told by the SECDEF that he wanted me back in Washington, DC every week to brief him.... The mission was to get intelligence to prevent another 9/11." Dunlavey did not explain what he meant by "I got my marching orders from the president." But his comments suggest that Bush may have played a much larger role in the interrogation of prisoners than he has let on. Moreover, Dunlavey's witness statement indicates that harsh interrogations, such as waterboarding, may have taken place earlier than previously known and may have preceded an August 1, 2002, legal opinion issued by the Justice Department's Office of Legal Counsel authorizing specific interrogation techniques to use against prisoners.
As early as December 2001, according to the documents obtained by the ACLU, high-ranking military officials began to implement an Army and Air Force survival-training program called Survival, Evasion, Resistance and Escape (SERE), which were meant to prepare US soldiers for abuse they might suffer if captured by an outlaw regime.
In June 2004, Gen. James Hill of Southern Command, the Defense Department's command unit responsible for military operations in Central and South America and the Caribbean, held a press briefing and confirmed that interrogation techniques specifically authorized by Rumsfeld for use at Guantanamo were derived from the SERE school. In October 2002, Dunlavey wrote to Hill to seek authorization that interrogators be granted the authority to use methods that strayed from the Army Field Manual in order to extract information from prisoners.
Dunlavey, in making his case to Hill for authority to use more aggressive techniques, attached a copy of Bush's then classified February 7, 2002, action memo along with an analysis that said, "since the detainees are not [Enemy Prisoners of War] the Geneva Conventions limitations that ordinarily would govern captured enemy personnel interrogations are not binding on US personnel." Hill sent Dunlavey's request to Gen. Richard Myers, chairman of the Joint Chiefs of Staff. Myers discussed it with William Haynes II, the Defense Department's general counsel, who briefed Deputy Secretary of Defense Paul Wolfowitz and Undersecretary of Defense for Policy Doug Feith. The request ultimately ended up on Rumsfeld's desk and he approved it, according to the documents.
"The documents establish that senior officials in Washington, including White House Counsel Alberto Gonzales, constructed a legal framework that would permit the abuse and torture of prisoners," the ACLU's Jaffer and Singh wrote in "Administration of Torture." "They establish that Secretary of Defense Donald Rumsfeld, relying on this legal framework, expressly authorized the use of interrogation methods - including SERE methods - that went far beyond those endorsed by the Army Field Manual. They establish that Rumsfeld and Gen. Geoffrey Miller oversaw the implementation of the newly authorized interrogation methods and closely supervised the interrogation of prisoners thought to be especially valuable."
In early December 2002, FBI officials who had participated in some interrogations at Guantanamo complained to Miller that the methods used against prisoners at Guantanamo were unlawful. But Miller was not receptive. That led FBI officials to conclude that senior Bush administration officials and Rumsfeld were making decisions about interrogations in particular.
A December 16, 2002, email written by an FBI official expressed frustration that the Defense Department refused to budge from its controversial interrogation methods.
"Looks like we are stuck in the mud with the interview approach of the military vs. law enforcement," the email said.
In May 2004, Miller told the Senate Armed Services Committee that he briefed Wolfowitz and Undersecretary of Defense Stephen Cambone about his plan to "Gitmo-ize" the Abu Ghraib prison.
That month, an email written by a senior FBI agent in Iraq in 2004 specifically stated that President George W. Bush had signed an executive order approving the use of military dogs, sleep deprivation, and other tactics to intimidate Iraqi detainees.The FBI email, dated May 22, 2004, followed disclosures about abuse of Iraqi detainees at Abu Ghraib prison and sought guidance on whether FBI agents in Iraq were obligated to report the US military's harsh interrogation of inmates when that treatment violated FBI standards, but fit within the guidelines of a presidential executive order.
According to the email, Bush's executive order authorized interrogators to use military dogs, "stress positions," sleep "management," loud music and "sensory deprivation through the use of hoods, etc." to extract information from detainees in Iraq.
The May 2004, FBI email stated that the FBI interrogation team in Iraq understood that despite revisions in the executive order that occurred after the furor over the Abu Ghraib abuses, the presidential sanctioning of harsh interrogation tactics had not been rescinded.
"I have been told that all interrogation techniques previously authorized by the Executive Order are still on the table but that certain techniques can only be used if very high-level authority is granted," the author of the FBI email said.
"We have also instructed our personnel not to participate in interrogations by military personnel which might include techniques authorized by Executive Order but beyond the bounds of FBI practices."
The White House had emphatically denied that any such presidential executive order existed, calling the unnamed FBI official who wrote the email "mistaken." Prior to the May 22, 2004, email several others written by FBI agents that month were sent to Valerie Caproni, the FBI's general counsel, about detainees being tortured before the unnamed agent sent Caproni the email citing Bush's alleged executive order.|
On July 9, 2004, the FBI's Office of Inspections distributed an email asking its agents who were stationed at Guantanamo whether they had witnessed, "Aggressive treatment, interrogations or interview techniques ... which were not consistent with FBI interview policy/guidelines." More than two-dozen agents responded that they observed numerous instances of detainee abuse. One FBI agent wrote that, despite Rumsfeld's public statements to the contrary, the interrogation methods "were approved at high levels w/in DoD." In addition to Rumsfeld, the FBI emails said Paul Wolfowitz, one Bush administration official who has largely escaped scrutiny in the torture debate, approved the methods at Guantanamo.
In 2006, Miller received a Distinguished Service Medal for "exceptionally meritorious service." Dunlavey is an Erie County judge.
This article, by Fisnik Abrashi, was posted to Truthout, May 16, 2009.
"Hitler gave anti-Semitism a bad name," as many high-born Europeans used to say, yearning for the good old days when all right-thinking people could disparage Jews in public. Former Vice President Dick Cheney is similarly giving torture an odious reputation, all in his zeal to prove himself the rightest thinking guy in America. By the time he's finished with his mouthy defense of "Enhanced Interrogation Techniques," no one with any sense will want to have anything to do with them, at least not where others can see or hear.
Cheney's signature success with torture came when the CIA sent al-Qaeda operative Ibn al-Shayk al-Libi to Egypt, where he "confessed" that Saddam Hussein had trained al-Qaeda in chemical weapons. Al-Libi's statement, extracted under torture, was the smoking gun that Cheney, Condoleezza Rice, Donald Rumsfeld, and Colin Powell all used to sell their pre-emptive invasion of Iraq. So, don't tell Cheney that "Enhanced Interrogation Techniques" do not work. They damned sure do if your goal is to get the propaganda you want to go to war.
Few in Congress or the mass media have pushed Cheney on this "great success." Fewer still have seen that that Bush and Cheney's illegal use of torture to sell their pre-emptive war in Iraq was probably their single greatest crime. Why the reluctance? Why do so many Americans refuse to see the obvious?
In large part because Congress, the corporate media, and even the general public were to some degree complicit in the crime. Whatever the CIA told Congressional leaders about waterboarding, sensory and sleep deprivation, stress positions, or sending captives to other counties for interrogation, only the mentally challenged had any excuse for not knowing from the public record at the time the rough outlines of how far Bush and Cheney had stepped beyond the law.
As early as February 2002, the Bush administration publicly announced that it would not abide by the Geneva Conventions on the treatment of enemy captives. Dick Cheney spoke openly of going to "work the dark side." Donald Rumsfeld and others talked of "taking off the gloves" with detainees like John Walker Lindh, the so-called American Taliban and the first known victim of the administration's turn toward torture.
President Bush even used his State of the Union address in January 2003 to let everyone in on the game. "All told, more than 3,000 suspected terrorists have been arrested in many countries," he said. "And many others have met a different fate. Let's put it this way: They are no longer a problem to the United States and our friends and allies."
In these and dozens of similar boasts, Bush, Cheney, Rumsfeld and the others proudly told the world what they were doing. And, very much like the Good Germans of an earlier time, Congress and the media went along, as did most of the American public. Even worse, almost no one questioned the validity of all the so-called intelligence that the administration's methods produced.
"We clearly know that there were in the past and have been contacts between senior Iraqi officials and members of al-Qaeda going back for actually quite a long time," National Security Advisor Condoleezza Rice told PBS' Jim Lehrer on September 25, 2002. "We know too that several of the [al-Qaeda] detainees, in particular some high-ranking detainees, have said that Iraq provided some training to al-Qaeda in chemical weapons development."
"We've learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases," President Bush told an audience in Cincinnati on October 7, 2002.
Saddam Hussein's regime "aids and protects terrorists, including members of al-Qaeda," Vice President Cheney told an audience in Arlington, Virginia, on January 30, 2003. "He could decide secretly to provide weapons of mass destruction to terrorists for use against us."
"I can trace the story of a senior terrorist operative telling how Iraq provided training in these [chemical and biological] weapons to al-Qaeda," Secretary of State Colin Powell told the United Nations Security Council on February 5, 2003. "Fortunately, this operative is now detained, and he has told his story."
We now know from several sources that these selling points for invading Iraq came primarily from torturing al-Libi in Egypt. We also know from the recent report of the Senate Armed Services Committee that the Bush administration pushed the torturers from the beginning to find such a link between Iraq and al-Qaeda. That was one of the major purposes of the entire effort, as only those on the inside truly understood.
But, even before the invasion, anyone paying attention should have been able to see that the administration's "evidence" had to be tainted the moment Mr. Bush stepped beyond the Geneva Conventions and began "working the dark side."
Having failed to catch the crime at the time, many major media figures and members of Congress are understandably reluctant to accuse Bush and Cheney of criminal conduct and bring them to trial now. How much easier just to forget the whole sordid mess and get on with the nation's business. But, if Congress and the media do, they will fail again, as Mr. Cheney's spirited defense of torture and unlimited presidential power will come back to haunt us all in the secret memos of a new administration not so many years from now.