Spanish prosecutors decide to fulfill their legal obligations by commencing war crimes investigations of six key Bush officials.
(updated below – Update II – Update III)
Scott Horton reports this morning that, in Spain, “prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates [John Yoo, Jay Bybee, David Addington, Doug Feith and William Haynes] over their role in the torture of five Spanish citizens held at Guantánamo.” Spain not only has the right under the Geneva Conventions and the Convention Against Torture to prosecute foreign officials for torturing its citizens, but it — like the U.S. — has the affirmative obligation to do so. (Indeed, the Bush administration itself insisted just last year that the U.S. the right to criminally prosecute foreign officials for ordering acts of torture even in the absence of an accusation that any of the victims were American).
As Hilzoy argues, however, the primary obligation for these prosecutions lies with the country whose officials authorized the war crimes — the United States:
It is a requirement of law, the law that the Constitution requires Obama, as President, to faithfully execute. He should not outsource his Constitutional obligations to Spain.
That the U.S. has the legal obligation under the U.S. Constitution, our own laws and international treaties to commence criminal investigations is simply undeniable. That is just a fact. Yet it’s hard to overstate how far away we are from fulfilling our legal obligations to impose accountability on our own torturers and war criminals.
The barriers to these prosecutions are numerous, but one of the principal obstacles is that CIA Director Leon Panetta has been emphatically demanding that there be no investigations of any government officials whose conduct was declared legal by DOJ lawyers (i.e., the very individuals the Spanish are now investigating for war crimes). And it’s not surprising that Panetta has taken this position given that at least two of his top deputies at the CIA are among those implicated, to one degree or another, in the torture regime, as John Sifton detailed earlier this month at The Daily Beast:
The New York Times reported that Leon Panetta, the current CIA director, has taken the position that “no one who took actions based on legal guidance from the Department of Justice at the time should be investigated, let alone punished.” Yet a number of CIA officials implicated in the torture program not only remain at the highest levels of the agency, but are also advising Panetta. Panetta’s attempt to suppress the issue is making Bush’s policy into the Obama administration’s dirty laundry.
Take Stephen Kappes. At the time of the worst torture sessions outlined in the ICRC report, Kappes served as a senior official in the Directorate of Operations—the operational part of the CIA that oversees paramilitary operations as well as the high-value detention program. (The directorate of operations is now known as the National Clandestine Service.) Panetta has kept Kappes as deputy director of the CIA—the number two official in the agency.
And why is it that Stephen Kappes was made the number 2 officials at the CIA despite his being in a key CIA position during the implementation of America’s torture regime? Because the two most important Senate Democrats on intelligence matters – Jay Rockefeller and Dianne Feinstein — insisted that he be so empowered as a condition for their supporting Panetta’s nomination, after both of them first demanded that Kappes actually be made CIA Director. Here’s what Andrea Mitchell reported back in January:
NBC News has learned that Senate Democrats — including Dianne Feinstein and Jay Rockefeller, who are the incoming and outgoing Intelligence chairmen — have privately recommended a career CIA officer to head the agency.
Democratic sources indicate that both have recommended deputy CIA Director Steve Kappes, a veteran CIA intelligence officer who is widely credited with getting the Libyans to give up their nuclear program.
Just to give a sense for how our political class thinks about torture, here is what Mitchell appended to the end of her report: “One potential downside for Kappes: Like former counter-terror chief John Brennan, some critics says [sic] he had line authority over controversial decisions involving interrogation and detention.” So Kappes’ connection to the CIA’s torture program was a “potential downside” to his becoming CIA Director. A potential downside. Once Obama chose Panetta rather than Kappes, Rockefeller and Feinstein agreed to support Panetta’s nomination only once they were given assurances that Kappes would become Panetta’s deputy.
This Thursday will be a very significant test for how much influence the anti-accountability camp exerts within the Obama administration and for how serious Obama’s pledges of transparency were, as that day is the latest deadline for the Obama DOJ either to release the three key OLC torture-authorizing memos, release them in heavily redacted form, or refuse to release them at all. It has been widely reported that a “war” has broken out within the Obama administration over their release, with key Bush-era intelligence officials — such as Obama’s top counter-terrorism aide John Brennan and ex-CIA Director Michael Hayden — demanding the ongoing concealment of the memos. Those torture memos are reputed to be among the most vivid torture documents of the Bush era, and thus will almost certainly fuel the flames of investigations and prosecution — both here and internationally. That is what has prompted the “war” over their disclosure. It’s hardly a surprise that if you empower the very people most connected to the Bush CIA, there will be substantial forces blocking any attempt to bring accountability under the rule of law for the crimes that were committed.
Just think about what all this means: not only are we failing to investigate or indict those who authorized torture, but we haven’t even reached the point yet where we’ve decided that these crimes are bad enough that those implicated ought to be barred from serving in the highest positions in our Government. While Spain proceeds to fulfill the Obama administration’s duties to investigate and prosecute our war criminals, some of those most implicated remain in positions of high authority within our own intelligence and counter-terrorism agencies — thanks to Senate Democrats such as Feinstein and Rockefeller.
Our political class has simply never come to terms with how severe are these war crimes and how acquiescent to and outright supportive so many officials from both parties — and so many of our media stars — were. That’s why huge numbers, arguably majorities, of Americans want criminal investigations to commence, but our political class remains virtually unified against them — notwithstanding that they are legally required — because, as has been conclusively proven over and over, the last thing our political and media elites care about is the “rule of law.” That will become more apparent as other countries, such as Spain, demonstrate that they actually take things like that seriously.
* * * * *
On a related note, Rachel Maddow last night potently eviscerated Barack Obama for his attempts to deny Bagram detainees any rights of any kind, and she and Newsweek‘s Michael Isikoff then discussed the significance of Thursday’s deadline for the release of the OLC torture memos:
UPDATE: In comments, Jim White highlights a fact from Horton’s story that I intended but neglected to mention: the Spanish “advised the Americans that they would suspend their investigation if at any point the United States were to undertake an investigation of its own into these matters.” As White points out, that is how war crimes investigations are intended to proceed under numerous treaty provisions by which the U.S. has bound itself: namely, the country whose officials commit the crimes have the primary obligation to investigate and hold the criminals accountable. But other treaty signatories are not only entitled, but required, to commence such proceedings if the violating country refuses or otherwise fails to do so.
Thus, the only way to object to what Spain is doing here is if one: (a) suffers from total ignorance of the basic provisions of Geneva Conventions and the Convention Against Torture; (b) believes that the U.S. has no obligation to abide by its treaties even though the U.S. Constitution provides that such treaties are “the supreme law of the land”; and/or (c) believes that the U.S. need not abide by rules we impose on other countries, such as when we prosecuted other countries’ leaders for war crimes in the past. None of those is a particularly noble excuse.
UPDATE II: Andrew Sullivan says that Obama, by not prosecuting Bush officials, is playing “a long game” which will eventually result in accountability for the war criminals, whereby Obama “hangs back a little, allows the evidence to slowly filter out, releases memos that help prove to Americans that what was done was unequivocally torture and indisputably illegal.”
It’s going to be quite some time before one can definitively prove or disprove that theory, but if, on Thursday, Obama does anything other than release the three OLC torture memos more or less in fully unredacted form, that will be rather compelling evidence negating Sullivan’s speculation. Conversely, as I said earlier this week, if those memos are released essentially in full over the vehement objections of key intelligence officials, Obama will deserve some substantial credit for doing that.
UPDATE III: As sysprog suggests in comments, Sullivan’s theory about Obama’s secret plan — that Obama intends simply to remain neutral when it comes to legal proceedings aimed at Bush’s torture regime; that “he will not defend it, but he will not be the prosecutor either”; and that his strategy is to “allow the evidence to slowly filter out” — is extremely difficult to reconcile with the fact that Obama has been ordering his Justice Department to take extraordinary steps to block all judicial accountability for Bush officials and to insist that Bush’s interrogation and surveillance programs are such vital state secrets that any disclosure would “gravely harm national security.”
Put another way, Obama has been far from neutral. At least thus far, he has been the prime agent working overtime to keep these illegal Bush policies as secret as possible and to shield them from any and all accountability.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali) (Credit: AP)
Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Here is the latest on the events in Bahrain, where the Sunni regime’s crackdown on a Shia protest movement is now focusing on prosecuting or harassing those — including doctors — who came to the aid of protesters back in the spring:
The trouble for the group — which is also known by its English name, Doctors Without Borders — started about a week ago. Activists say a young man who had been protesting in his village was hit in the head at close range by police firing a tear-gas canister.
The protester went to the MSF office in the capital, Manama. Owing to the severity of his injuries, an ambulance was called, and the patient was taken to the hospital. On July 28, the next day, 14 police vehicles pulled up to the MSF office. Authorities raided the building and reportedly took away furniture, medicine and patient files — and arrested the group’s local driver, Saeed Mahdi.
Now, the rented villa that used to house the MSF office is locked up and empty.
Qorvis distributed a statement to American journalists writing about the incident, with the Bahrain Health Ministry claiming that Doctors Without Borders “was operating an unlicensed medical center in a residential apartment building.”
Qorvis, which promises clients “integrated strategies to help you tell your story better,” did not immediately respond to a request for comment about its work for Bahrain. The contract is signed by Qorvis partner Matthew Lauer, who was previously a public diplomacy official in the Bush State Department and a spokesman for the South Carolina Democratic Party.
Earlier this year Huffington Post reported that several Qorvis partners had departed the firm because, in the words of one unnamed insider, “I just have trouble working with despotic dictators killing their own people.” Qorvis had previously worked for Bahrain through another PR firm, Bell Pottinger.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak) (Credit: AP)
Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
The poll results, released Tuesday show that 55 percent of respondents think that failing to raise the debt ceiling would be “a real and serious problem,” while only 18 percent said it would not be. This contrasts starkly to results gleaned from a Gallup survey in May, in which 47 percent of people said they would want Congress to vote against raising the debt ceiling.
Meanwhile, support for President Obama’s proposal for lowering the deficit significantly trumps that for Republican proposals: 58 percent of NBC/WSJ poll respondents said they preferred Obama’s suggestions to lower the federal deficit by $4 trillion over 10 years by cutting federal spending, raising tax revenue from the wealthy and reducing some Medicare spending. Contrastingly, only just over a third prefer the House Republican proposal to reduce the deficit by $2.5 trillion over 10 years through cutting spending alone and not raising additional revenues.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
The report, titled “From Hired Guns to Hired Hands: ‘Reverse Revolvers’ in the 111th and 112th Congresses,” is available in full here and has a number of noteworthy takeaways:
- 60 former lobbyists worked in critically important staff positions in the 111th Congress, 128 former lobbyists can be found working in the same positions in the 112th Congress.
- The House Energy and Commerce and the House Financial Services committees have the highest cumulative number of former lobbyists employed by their members. The lobbyists of certain companies may be highly desirable to members of Congress serving on committees that handle legislation of concern to these companies. AT&T alone has six former lobbyists who at one point lobbied on behalf of AT&T and now work for senators or representatives sitting on the Senate or House committees related to energy and commerce.
- 50 former finance sector lobbyists work in the 112th Congress, as do 44 former telecommunications sector lobbyists and 40 former healthcare industry lobbyists. Meanwhile, only seven former labor lobbyists occupy these congressional staffer positions.
- Certain companies — particularly telecommunications, healthcare and defense contracting firms — are well-represented in the portfolios of former lobbyists now working on Capitol Hill. CRP notes a particular example involving Lockheed Martin. “Charles Kinney, currently working for Sen. Joe Manchin (D- W.Va.), lobbied on behalf of Lockheed in 2004… Now, Kinney is deputy chief of staff and general counsel for Manchin, who currently sits on the Senate Armed Services Committee, as well as the Senate Budget Committee” reads the report. [Update: a representative from Manchin's office informs us that Kinney stopped working for Manchin in May. He was still staffer for the senator at the time of CRP's research]
What does this all mean? As CRP is careful to note, there are numerous reasons why lobbyists might take congressional staffer jobs. “For some people,” the report states, “working in government is exciting, fulfilling work, where the psychic rewards make up for the smaller paycheck. In other cases, people may have lost lobbying jobs due to the poor economy and find the Hill to be a place where their expertise and skills are highly valued.” However, the K Street/Congress revolving door could well spin into concerning territory, as the report concludes:
It may, plausibly, be the case that these individuals are able to keep the wishes of their former clients separate from the wishes of the constituents their bosses represent. But it may also be the case that these former lobbyists are now in the position to exercise considerable sway over everything from policy outcomes to government contract decisions and anti-trust decisions. Particularly where the issues are complicated and do not drive significant constituent interest, former clients of ex-lobbyists now working in Congress could be well placed to reap the rewards of enhanced access and deeper connections into government’s legislative branch.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure?
There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
The Washington City Paper noticed a bombshell buried at the bottom of a New York Times piece:
Even before the Qatari investors became involved, Hines and Archstone determined that leasing to banks would not help them create lively shopping streets, Mr. Alsup said. But as it happened, their hesitancy on bank branches meshed with the policies of their financial partners, who adhere to the restrictions of Shariah, or Islamic law, including the ban on collecting interest. Restaurants will be able to serve liquor, but retailers whose primary business involves selling alcohol will not be allowed, Mr. Alsup said.
That’s right: Shariah law, a stone’s throw from the U.S. Capitol. I am assuming the Times just neglected to mention that in addition to banning bars from the complex, all women will be required to wear the niqab, and obviously all infidels will be murdered, while shopping at the Apple store or whatever ends up there. And no dancing!
What’s astounding is that as far as I can see, Matt Drudge hasn’t picked this up. Pamela Geller hasn’t written a lengthy screed about it. Robert Spencer has not weighed in. No one at the Corner has mocked liberals for mocking the threat of creeping Shariah. Get on it, guys! SHARIAH LAW HAS BEEN IMPOSED IN WASHINGTON!
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010.
I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Yes, you’ve guessed it: It’s not a fairy tale, or at least not completely. It’s the United States — an older America that, despite a decidedly checkered and often imperial past, was nevertheless proud of its reluctance to fight, but steadfast in its commitment to win once it decided that battle was the course of action. Even then, this America remained resolute in its reluctance to embrace a military ethos or bow down before military gods, committed as it was to civilian primacy and the avoidance of a large standing army.
Paradoxically, the last vestiges of this America could still be seen some 50 years ago under President Dwight D. Eisenhower, himself a retired five-star general, who tried with varying degrees of success to limit defense spending, and who famously warned in his farewell address in 1961 of the dangers of a surging “military-industrial complex.”
And leaping forward almost four decades, here’s another paradox for you: prior to September 11, 2001, what many leading pundits and commentators fretted most about was an alleged widening gap between American civilians and their now all-volunteer military. In 1997, Wall Street Journal Pentagon correspondent Tom Ricks typically worried about an all-volunteer military that saw civilians as privileged and flabby, increasingly considered itself a breed apart, and held the public it served in contempt.
Concerned as well was Richard Kohn, former chief historian of the U.S. Air Force. In a special lecture to Air Force Academy cadets in 1999 on “the erosion of civilian control of the military in the United States today,” Kohn worried about a military that openly disrespected President Bill Clinton, its commander-in-chief, even as it meddled in areas like policy-making for which it was not suited and from which it had been excluded by the Constitution.
How times have changed. In the post-9/11 world, a far more insidious problem confronts us. That gap, if it ever existed, is no more. Instead, at the highest levels, what’s civilian and what’s military are increasingly difficult to tell apart as the two spheres blur and blend. Today, civilian control of the military is largely a principle without a meaning, while inside Washington’s Beltway, even with a scorecard it’s hard to tell the players apart.
In the process, the military has gained a kind of unspoken and distinctly un-American primacy. Put another way, after a decade-long budgetary feeding frenzy, the Pentagon has soared, while an eclipsed Department of State, all those civilian diplomats, has been left to eke out a living on budgetary scraps or, as in Iraq today, arm and militarize itself. State, in other words, has become a remora clinging to the predatory shark that is the Department of Defense.
Large and small, symbolic or otherwise, signs of this civil-military blending (with the military significantly running the show) can be found almost anywhere you look. Civilian presidents regularly appear in military flight gear or jackets, as George W. Bush famously did before his “Mission Accomplished” speech on the deck of the U.S.S. Abraham Lincoln in 2003 and as President Obama did on a visit to U.S. troops in Afghanistan in 2010. Military leaders are now regularly put in charge of previously civilian intelligence agencies, as in the case of General David Petraeus, now nominated to leave the Afghan battlefield and become director of the Central Intelligence Agency.
Civilian agencies now militarize themselves and wage war (as the CIA has done or is doing in various drone wars in the Greater Middle East, often in conjunction with the military). America’s part-time citizen-soldiers have morphed into full-time warriors and warfighters, if not the equivalent of foreign legionnaires. America’s civilian embassies continue to morph into so many militarized fortresses protected by armed mercenaries. And above all, among policy arguments in Washington, whether you’re a civilian official or a military one, the choices are increasingly between militarized alternatives — say, counterinsurgency versus counterterror — with that most civilian of all options, peace, not even on that “table” where officials eternally claim that all options are placed.
At the same time, a new civic religion at whose heart is military-worship implores us to “support our troops” (without any concomitant call to uphold our laws and our Constitution). And even as ordinary Americans express serious doubts about the wisdom and cost of an open-ended commitment to Afghanistan — 64 percent of Americans don’t believe the Afghan war is worth fighting, and 73 percent would prefer sizable withdrawals of U.S. troops this summer, according to a recent Washington Post/ABC News poll — the Pentagon continues to prepare for a future of “two, three, many Afghanistans,” as Michael Klare, defense correspondent for the Nation magazine, noted in April 2010.
Clearly, if we’re not careful, the civilian and military will become the Washington equivalent of Siamese twins, co-joined at the head and, however bitter their internecine arguments, sharing the same underlying militarized thought processes.
Militarism Run Rampant
To separate such twins is a dicey thing, medically speaking, and no less so politically when the lines between civilian and military authority are being so rapidly erased. Make no mistake, as President Obama is wont to say, the impact of this erasure has been devastating.
It’s both sensible and logical to argue that our president and elected representatives must serve as a check on the military establishment, rather than issuing blank checks to them. It’s both sensible and logical to argue that all wars, as required by the Constitution, must have a Congressional declaration before American troops and treasure are committed. It’s both sensible and logical to argue that, as good as our military is, it ultimately can’t win someone else’s civil war (Iraq) or nation-build in a place where the concept of “nation” is little more than notional (Afghanistan).
Sensible and logical, yes, but such arguments have been made — and roundly ignored. They aren’t given the time of day among serious policy types in Washington, where to question the efficacy and legitimacy of the forces and tactics being used is simply not acceptable. Sharing one brain and one ethos means being incapable of grasping one’s own militarized rigidity or truly recognizing the perils that have been unleashed on this nation.
There’s a word for this disease, even if after all these years it remains remarkably foreign to American ears: militarism. When Americans think of that word, they tend to conjure up images of fanatical jackbooted Nazis or suicidal Japanese kamikazes, and so the concept seems eminently dismissible. But militarism also describes a situation in which a country’s civil society and political culture are permeated to the point of dominance by military attitudes and values — an undeniable fact of life, I would argue, in America today.
Militarists see war as productive, as offering solutions rather than posing problems. They see it as heroic. (President Bush famously waxed poetic about the “exciting” and “romantic” nature of fighting in Afghanistan.) When wars are romanticized as action-packed tests of a nation’s warriors, cuts to war spending are naturally seen as perfidiously unpatriotic — as kneecapping those same heroes. Hence our ever-growing “defense” budgets, even as a sledgehammer of a national debt hobbles America’s economic vitality and social security.
The end result of this militaristic mindset is a garrison state, constantly girding itself for national security crises, real or perceived, as in the last decade’s open-ended and frantic “war on terror.”
A singular danger of such a mindset, as pointed out by Laurence Radway in a telling article on “militarism” in the “International Encyclopedia of the Social Sciences,” is that militarists, unable to select means appropriate to true defense needs, end up jeopardizing the very national security they say they’re seeking to safeguard. By exaggerating threats, defining all responses to those threats in military terms, dismissing dissenters as weak and deluded (even when they prove right), and being incapable of questioning their principles, they repeat the same mistakes again and again.
Until Americans turn away from militarism and learn again how to “support our Constitution” more than our troops (and don’t worry: those troops swear an oath to that very Constitution), until we return to a broader vision of national security that deemphasizes a garrison mentality, we will continue to wound, perhaps mortally, a once great republic.
And that’s no fairy tale, it’s a fact.
Page 1 of 272 in Washington, D.C.
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