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UN official: Enough evidence to prosecute Rumsfeld for war crimes

Raw Story- David Edwards and Stephen C. Webster
Published: Monday January 26, 2009

Monday, the United Nations Special Rapporteur on Torture Manfred Nowak told CNN’s Rick Sanchez that the US has an “obligation” to investigate whether Bush administration officials ordered torture, adding that he believes that there is already enough evidence to prosecute former Secretary of Defense Donald Rumsfeld.

“We have clear evidence,” he said. “In our report that we sent to the United Nations, we made it clear that former Defense Secretary Donald Rumsfeld clearly authorized torture methods and he was told at that time by Alberto Mora, the legal council of the Navy, ‘Mr. Secretary, what you are actual ordering here amounts to torture.’ So, there we have the clear evidence that Mr. Rumsfeld knew what he was doing but, nevertheless, he ordered torture.”

Asked during an interview with Germany’s ZDF television on Jan. 20, Nowak said: “I think the evidence is on the table.”

At issue, however, is whether “American law will recognize these forms of torture.”

A bipartisan Senate report released last month found Rumsfeld and other top administration officials responsible for abuse of Guantanamo detainees in US custody.

It said Rumsfeld authorized harsh interrogation techniques on December 2, 2002 at the Guantanamo prison, although he ruled them out a month later.

The coercive measures were based on a document signed by Bush in February, 2002.

This video is from CNN’s Newsroom, broadcast Jan. 26, 2009.

Vodpod videos no longer available.

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Gonzales: I don’t think anyone is going to prosecute me.»

Think Progress- By Faiz Shakir at 1:32 pm

In his confirmation hearings, Attorney General nominee Eric Holder declared “waterboarding is torture,” worrying conservatives that he might pursue criminal prosecutions of officials involved in detainee interrogations. In an interview with NPR today, former Attorney General Alberto Gonzales said he doesn’t believe he’ll be prosecuted:

On the question of prosecuting officers who employed any of the “extreme tactics” that the Bush administration has acknowledged, without admitting to any “torture” of detainees: “I don’t think that there’s going to be a prosecution, quite frankly.” Gonzales said. “Because again, these activities…. They were authorized, they were supported by legal opinions at the Department of Justice.”

When Holder is confirmed – with a vote expected Wednesday – he “will have to make a decision as to whether or not move forward with an investigation or a prosecution,” Gonzales said. “But under those circumstances, I find it hard to believe…

“Nonetheless, the very discussion about it is extremely discouraging,” the former attorney general said.

Gonzales recently wondered, “What is it that I did so fundamentally wrong?” As ThinkProgress noted, he politicized the Justice Department, approved torture, lied about warrantless wiretapping, and distorted pre-war intelligence.

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Holy Cow: Top Dems Are Serious About Investigating Bush’s Criminal Acts

By Jason Leopold, Consortium News. Posted January 26, 2009.

To the surprise of progressives and anger of the GOP, leading Dems support investigations.

As President Barack Obama reverses some of ex-President George W. Bush’s most controversial “war on terror” policies, a consensus seems to be building among Democratic congressional leaders that further investigations are needed into Bush’s use of torture and other potential crimes.

On Wednesday – the first working day of the Obama administration – Senate Majority Leader Harry Reid said he would support funding and staff for additional fact-finding by the Senate Armed Services Committee, which last month released a report tracing abuse of detainees at Guantanamo Bay and Abu Ghraib to Bush’s Feb. 7, 2002, decision to exclude terror suspects from Geneva Convention protections.

Senate Armed Services Committee Chairman Carl Levin, who issued that report, echoed Reid’s comments, saying “there needs to be an accounting of torture in this country.” Levin, D-Michigan, also said he intends to encourage the Justice Department and incoming Attorney General Eric Holder to investigate torture practices that took place while Bush was in office.

Two other key Democrats joined in this growing chorus of lawmakers saying that serious investigations should be conducted.

Sen. Sheldon Whitehouse, D-Rhode Island, a former federal prosecutor and a member of the Senate Judiciary Committee, said in a floor speech, “As the President looks forward and charts a new course, must someone not also look back, to take an accounting of where we are, what was done, and what must now be repaired.”

Democratic Majority Leader Steny Hoyer of Maryland told reporters: “Looking at what has been done is necessary.”

On Jan. 18, two days before Obama’s inauguration, House Speaker Nancy Pelosi expressed support for House Judiciary Committee Chairman John Conyers’s plan to create a blue-ribbon panel of outside experts to probe the “broad range” of policies pursued by the Bush administration “under claims of unreviewable war powers.”

In an interview with Fox News’ Chris Wallace, Pelosi specifically endorsed a probe into the politicization of the Justice Department, but didn’t spell out a position on Conyers’s plan to examine the Bush administration’s torture and rendition policies, which could prove embarrassing to Pelosi and other Democratic leaders who were briefed by the CIA about these tactics.

Still, when Wallace cited Obama’s apparent unwillingness to investigate the Bush administration, Pelosi responded: “I think that we have to learn from the past, and we cannot let the politicizing of the — for example, the Justice Department, to go unreviewed. Past is prologue. We learn from it. And my views on the subject — I don’t think that Mr. Obama and Mr. Conyers are that far apart.”

MORE HERE

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Are We Civilized Enough to Hold Our Leaders Accountable for War Crimes? The World Is Watching

By John W. Dean, FindLaw.com. Posted January 24, 2009.

Other countries are likely to take action against officials who condoned torture, even if the United States fails to do so.

Remarkably, the confirmation of President Obama’s Attorney General nominee, Eric Holder, is being held up by Texas Republican Senator John Cornyn, who apparently is unhappy that Holder might actually investigate and prosecute Bush Administration officials who engaged in torture. Aside from this repugnant new Republican embrace of torture (which might be a winning issue for the lunatic fringe of the party and a nice way to further marginalize the GOP), any effort to protect Bush officials from legal responsibility for war crimes, in the long run, will not work.

It is difficult to believe that Eric Holder would agree not to enforce the law, like his recent Republican predecessors. Indeed, if he were to do so, President Obama should withdraw his nomination. But as MSNBC “Countdown” anchor Keith Olbermann stated earlier this week, even if the Obama Administration for whatever reason does not investigate and prosecute these crimes, this still does not mean that the Bush Administration officials who were involved in torture are going to get a pass.

With few exceptions, the discussion about what the Obama Administration will do regarding the torture of detainees during the Bush years has been framed as a domestic matter, and the fate of those involved in torturing has been largely viewed as a question of whether the Department of Justice will take action. In fact, not only is the world watching what the Obama Administration does regarding Bush’s torturers, but other countries are very likely to take action if the United States fails to do so.

Bush’s Torturers Have Serious Jeopardy

Philippe Sands, a Queen’s Counsel at Matrix Chambers and Professor of International law at University College London, has assembled a powerful indictment of the key Bush Administration people involved in torture in his book Torture Team: Rumsfeld’s Memo and the Betrayal of American Values. He explains the legal exposure of people like former attorney general Alberto Gonzales, Dick Cheney’s counsel and later chief of staff David Addington, former Office of Legal Counsel attorney John Yoo, the former Department of Defense general counsel Jim Haynes, and others for their involvement in the torture of detainees at Guantanamo, Abu Ghraib, and CIA secret prisons.

After reading Sands’s book and, more recently, listening to his comments on Terry Gross’s NPR show “Fresh Air,” on January 7, 2009 I realized how closely the rest of the world is following the actions of these former officials, and was reminded that these actions appear to constitute not merely violations of American law, but also, and very literally, crimes against humanity — for which the world is ready to hold them responsible.

MORE HERE

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The Top 43 Appointees Who Helped Make Bush The Worst President Ever»

By Think Progress at 12:00 pm

Next week, “change is coming to America,” as President George W. Bush wraps up his tenure as one of the worst American presidents ever. He wasn’t able to accomplish such an ignominious feat all by himself, however; he had a great deal of help along the way. ThinkProgress heralds the conclusion of the Bush 43 presidency by bringing you our list of the top 43 worst Bush appointees. Did we miss anyone? Who should have been ranked higher? Let us know what you think.

1. Dick Cheney — The worst Dick since Nixon. The man who shot his friend while in office. The “most powerful and controversial vice president.” Until he got the job, people used to actually think it was a bad thing that the vice presidency has historically been a do-nothing position. Asked by PBS’s Jim Lehrer about why people hate him, Cheney rejected the premise, saying, “I don’t buy that.” His top placement in our survey says otherwise.

2. Karl Rove — There wasn’t a scandal in the Bush administration that Rove didn’t have his fingerprints all over — see Plame, Iraq war deception, Gov. Don Siegelman, U.S. Attorney firings, missing e-mails, and more. As senior political adviser and later as deputy chief of staff, “The Architect” was responsible for politicizing nearly every agency of the federal government.

3. Alberto GonzalesFundamentally dishonest and woefully incompetent, Gonzales was involved in a series of scandals, first as White House counsel and then as Attorney General. Some of the most notable: pressuring a “feeble” and “barely articulate” Attorney General Ashcroft at his hospital bedside to sign off on Bush’s illegal wiretapping program; approving waterboarding and other torture techniques to be used against detainees; and leading the firing of U.S. Attorneys deemed not sufficiently loyal to Bush.

4. Donald Rumsfeld — After winning praise for leading the U.S. effort in ousting the Taliban from Afghanistan in 2001, the former Defense Secretary strongly advocated for the invasion of Iraq and then grossly misjudged and mishandled its aftermath. Rumsfeld is also responsible for authorizing the use of torture against terror detainees in U.S. custody; according to a bipartisan Senate report, Rumsfeld “conveyed the message that physical pressures and degradation were appropriate treatment for detainees.”

(more…)

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