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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums5 Explosive Revelations Leaked from Senate Report Exposing CIA Torture
http://www.alternet.org/world/5-explosive-revelations-leaked-senate-report-exposing-cia-torture***SNIP
1. Black site at Guantanamo. It is well known that the Guantanamo Bay detention center is where hundreds of prisoners have been held without charge. But what wasnt officially confirmed until recently is that Guantanamo was also the site of a CIA black sitea detention center the CIA did not acknowledge where they tortured suspects. The CIA operated such sites in a number of countries, and the Senate investigation reportedly says a black site was operated at the Guantanamo detention center.
***SNIP
2. CIA used British-controlled island. Leopold also revealed that the Senate report confirms long-standing claims of high-level British collusion with the CIA.
Journalists and human rights advocates have claimed that a United Kingdom-controlled island called Diego Garcia, located in the Indian Ocean, was used to secretly detain suspects. The Senate report says the CIA used the island with the full cooperation of Britain.
***SNIP
3. CIA handed over prisoners who are now dead. Yet another explosive detail in Leopolds report is that 10 terror suspects eventually handed off to foreign governments are unaccounted for. U.S. officials told Leopold they are presumed dead.
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4. CIA went beyond legal memo. In 2002, the Justice Departments Office of Legal Counsel drafted a report authorizing CIA torture, saying that the use of waterboarding, sleep deprivation and stress positions were perfectly legal. It was written by Deputy Assistant Attorney General John Yoo; Jay Bybee, then head of the office, signed off on it.
cantbeserious
(13,039 posts)eom
questionseverything
(9,645 posts)As we noted on Friday, when we also published the report's disturbing conclusions [PDF], the 6,600-page study, based on first-hand CIA documentation, reveals massive illegalities and war crimes by everyone from CIA contractors to agents to higher level officials at that agency and others.
The report is said to detail wide-spread crimes that are not only in violation of U.S. law, but also international laws which our nation has an obligation to enforce, thanks to treaties we have long been a party to. And, if we don't enforce those laws and hold the criminals accountable for lawlessness such as torture, all the rest of the nations signed on to such treaties along with us, such as the UN Convention against Torture, have a legal obligation to do so.
The prohibition against torture under that treaty is absolute for all nations. "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture," according to Article 2 of the treaty.
All of that comes on the heels of revelations that the CIA itself had used the computers of the U.S. Senate Intelligence Committee in an attempt to sabotage the committee's report.
Yet, with a report that important and a story that big, not a single U.S. network "news" show on Sunday found the time to even mention the report. Not NBC's Meet the Press with David Gregory, not ABC's This Week with George Stephanopoulos, not CBS' Face the Nation with Bob Schieffer, not Fox "News" Sunday with Chris Wallace.
democrank
(11,085 posts)and any country that colluded with us or looked the other way. Shame on each and every American who knew about this and either approved it outright or kept quiet about it.
on point
(2,506 posts)questionseverything
(9,645 posts)how can the current admin let this go unpunished?
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Among the graphic statements, which were later released under US freedom of information laws, is that of Kasim Mehaddi Hilas in which he says: I saw ******* a kid, his age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard screaming I climbed the door because on top it wasnt covered and I saw who was wearing the military uniform, putting his **** in the little kids ***
. and the female soldier was taking pictures.
The translator was an American Egyptian who is now the subject of a civil court case in the US.
Three detainees, including the alleged victim, refer to the use of a phosphorescent tube in the sexual abuse and another to the use of wire, while the victim also refers to part of a policemans stick all of which were apparently photographed.
From the Taguba Report originally published in 2004 we know that a translator named Abu Hamid committed sodomy on prisoners under the supervision and with the participation of several soldiers. One of the prisoners sodomized may have been Hilas, who also reported sexual abuse with a phosphoric light. Hilas describes all of these events being photographed. Here is Hilas sworn affidavit, which was part of the Taguba Report.
Other prisoners, such as Mustafa Jassim Mustafa, also confirmed in sworn declarations rape with a phosphoric light.
arely staircase
(12,482 posts)stopping the practice was probably all that was possible. also I could very well see congress passing a veto proof immunity bill for anyone the DOJ went after on it. the whole "he should have prosecuted Bush/Cheney/CIA whatever" meme makes for fun Obama bashing for but it ignores reality.
questionseverything
(9,645 posts)it is pretty clear he never had any intention of prosecuting
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In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture all violations of domestic and international law.
Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.
While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.
This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him.
It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted in a federal court in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
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https://www.aclu.org/blog/national-security-human-rights/lets-check-james-comeys-bush-years-record-he-becomes-fbi
arely staircase
(12,482 posts)questionseverything
(9,645 posts)is he running for a third term?
potus was elected to clean up this mess,he would not be "committing suicide"
he would be a hero
arely staircase
(12,482 posts)and if there were a major terrorist attack during it. that would be the end of the Democratic Party for a generation.
on point
(2,506 posts)That is a failure of leadership and fails the country and world. Failure to prosecute means it will happen again.
arely staircase
(12,482 posts)questionseverything
(9,645 posts)The report is said to detail wide-spread crimes that are not only in violation of U.S. law, but also international laws which our nation has an obligation to enforce, thanks to treaties we have long been a party to. And, if we don't enforce those laws and hold the criminals accountable for lawlessness such as torture, all the rest of the nations signed on to such treaties along with us, such as the UN Convention against Torture, have a legal obligation to do so.
The prohibition against torture under that treaty is absolute for all nations. "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture," according to Article 2 of the treaty.
arely staircase
(12,482 posts)There is no law that says that not prosecuting war crimes is itself a war crime. It just isn't the case. Prosecutors decline to prosecute all kinds of things all the time for all kinds of reasons, some of them good some of them bad. But it is called prosecutorial discretion and it is a real thing, unlike your assertion that failure to prosecute war crimes makes one guilty of or complicit in a war crime.
questionseverything
(9,645 posts)there would not be a black out on the msm
arely staircase
(12,482 posts)do tell. how does a lack of coverage of this story in any way shape or form evidence the existence of a law that says the failure to prosecute war crimes is a war crime? it doesn't nothing does because no such law exists.
questionseverything
(9,645 posts)CIA torture architect breaks silence to defend 'enhanced interrogation'
http://www.theguardian.com/world/2014/apr/18/cia-torture-architect-enhanced-interrogation
<snip>
James Mitchell 'highly skeptical' of Senate report on CIA torture
'It was not illegal based on the law at the time'
Mitchell said to have waterboarded Khalid Sheikh Mohammed
Interview: 'I'm just a guy who got asked to do something for his country'
The psychologist regarded as the architect of the CIA's enhanced interrogation program has broken a seven-year silence to defend the use of torture techniques against al-Qaida terror suspects in the wake of the 9/11 attacks.
In an uncompromising and wide-ranging interview with the Guardian, his first public remarks since he was linked to the program in 2007, James Mitchell was dismissive of a Senate intelligence committee report on CIA torture in which he features, and which is currently at the heart of an intense row between legislators and the agency.
The committees report found that the interrogation techniques devised by Mitchell, a retired air force psychologist, were far more brutal than disclosed at the time, and did not yield useful intelligence. These included waterboarding, stress positions, sleep deprivation for days at a time, confinement in a box and being slammed into walls.
But Mitchell, who was reported to have personally waterboarded accused 9/11 mastermind Khalid Sheikh Mohammed, remains unrepentant. The people on the ground did the best they could with the way they understood the law at the time, he said. You can't ask someone to put their life on the line and think and make a decision without the benefit of hindsight and then eviscerate them in the press 10 years later.
arely staircase
(12,482 posts)what next? posting baseball scores to prove it is a crime to not prosecute a crime? maybe videos of the Westminster dog show? maybe that would prove such laws exist outside your head.
LanternWaste
(37,748 posts)There is no law that says that not prosecuting war crimes is itself a war crime..."
I suppose that's one, of many ways to rationalize it.
arely staircase
(12,482 posts)it is not. just a fact.
mylye2222
(2,992 posts)for a whole war crimanal team being in power at the time those atrocities were perpetrated.
Soylent Brice
(8,308 posts)Enthusiast
(50,983 posts)After all the other questionable goings on, like a stolen election and illegal surveillance.
FourScore
(9,704 posts)In other words, they were children.
elias49
(4,259 posts)How strange a coincidence....there's that island again that some thought might be the destination of the ill-fated flight 370.
2pooped2pop
(5,420 posts)johnnyreb
(915 posts)Unless and until their repentance is deep and true.
rickyhall
(4,889 posts)Not so much
malaise
(268,698 posts)They must pay
Octafish
(55,745 posts)Kick for Transparency and Accountability.
DirkGently
(12,151 posts)mopinko
(70,000 posts)or any other identifying information is in that report?
i know they are redacting names, and all. but my nephew was a big hero in this "war" and i really fear what he may have done.
he is also up for a generals star. sigh.
Overseas
(12,121 posts)spanone
(135,792 posts)nadinbrzezinski
(154,021 posts)And why we're so cynical at this pont.
Oh and none n senior leadership ever face a court. That is what oligarchies do.
mike_c
(36,269 posts)eom
grasswire
(50,130 posts)Imagine that. The taxpayers are paying for protection for openly known war criminals.
GoneFishin
(5,217 posts)FlyByNight
(1,756 posts)...at least not among the policy makers, anyway.
Yup, "they" hate us for our "values".
WillyT
(72,631 posts)2banon
(7,321 posts)Glad to know he's credited with this investigation too. I remember when he was thrown under the bus by a pack wolves on this board years ago.. just like people throw Taibbi, Greenwald, Scahill, Perry and a number of other journalists. There seemed to be some jealousy if memory serves.. it was quite astonishing to observe.
xchrom
(108,903 posts)Maedhros
(10,007 posts)On the one hand, people hold a deeply-felt belief that Obama is a transformative, noble President.
On the other, people are confronted with the stark reality that he is providing political cover and legal protection for war criminals who authorized the rape of children (and is allowing the NSA to destroy our privacy, and is drastically expanding our military operations worldwide, and is hinting at social security cuts, and....)
Both things cannot be true, therefore the negative things MUST NOT BE TRUE.
nilesobek
(1,423 posts)Nice going Bush. Now the enemy is even more fanatical than ever.
This is a huge weakness for the Republicans. They broke National and International Law. We Democrats should be able to exploit this to win the House and Senate...that is...if the Democratic leadership has clean hands in the torture game.
questionseverything
(9,645 posts)it will not help the 99%
and it will happen again,if it is not going on now
nilesobek
(1,423 posts)It could of been like a runaway train with this admin. What makes you think they likely are doing it now?
questionseverything
(9,645 posts)but if it is never punished it will happen again
current admin by not prosecuting is actively obstructing justice
Maedhros
(10,007 posts)Tierra_y_Libertad
(50,414 posts)BlindTiresias
(1,563 posts)People calling others "conspiracy theorists" for arguing that Diego Garcia was a CIA black site several years ago.
snot
(10,502 posts)JoeyT
(6,785 posts)If we ever find out who leaked that, the full fury of the Obama DOJ will rain down on them.
sabrina 1
(62,325 posts)happened to him. Nothing WILL happen to any of them. Condi Rice is lecturing on Civil Rights these days, Yoo is a College Professor.
The Spanish Court prepared a case against six of these war criminals including I believe, Yoo and possibly Bybee. The US Govt according to the leaked Wilileaks cables, pressure that court to 'leave them alone'.
It's nice that every once in a while we get some more confirmation of the crimes, but it never leads anywhere.
I suspect that Condi Rice is being considered for the Republican Presidential ticket as VP candidate, and half the country will support her.