Wednesday, June 24, 2009

Obama’s Right Turn

NEW YORK - Human rights and open government advocates were heartened by President Barack Obama's pledge during his first week in office to create "an unprecedented level of openness in government" and "establish a system of transparency, public participation, and collaboration".

But now, well into Obama's second 100 days in office, many are expressing outrage and disappointment that many of the president's decisions have followed the path of his predecessor, President George W. Bush.

The Obama administration has invoked the "state secrets" privilege several times to prevent lawsuits dealing with "extraordinary renditions" and warrantless wiretapping from ever being heard in court. Justice Department lawyers have argued that detainees at Bagram Air Force base in Afghanistan have no right to challenge their detention.

The government has also caved to Democrats and Republicans in Congress to keep any of the Guantanamo Bay detainees from ever entering the U.S., even though the Defense Department has cleared these men for release and declared that they present no threat to U.S. national security.

Reliable reports suggest that Obama is considering "indefinite detention" for GITMO detainees who cannot be tried in U.S. courts because the evidence against them was obtained through torture.

The government has gone to court to appeal a court ruling ordering the release of a 2004 report from the Inspector General of the Central Intelligence Agency (CIA) describing the harsh treatment of prisoners in the agency's secret prisons. And the new president has refused to make public photographs reportedly depicting abusive interrogations at these and other government detention centers.

Obama recently rejected a Freedom of Information Act (FOIA) request for Secret Service logs showing the identities of coal executives who had visited the White House to discuss Obama's "clean coal" policies because the disclosure of such records might impinge on privileged "presidential communications".

On the issue of electronic surveillance, the new president has not repudiated the Bush-era executive orders supporting warrantless wiretapping and the legal opinions used to support them. Obama has resisted a "truth commission" to investigate former officials who allegedly broke the law and committed crimes, saying he would rather look forward than back.

Government lawyers asked a federal judge to dismiss a lawsuit brought on behalf of a couple who were placed on a terrorist watch list.

And when watchdog group Citizens for Responsibility and Ethics in Washington submitted a Freedom of Information Act request to the Justice Department seeking records related to former vice president Dick Cheney's interview with the Federal Bureau of Investigation in the "outing" of CIA operative Valerie Plame, the Justice Department declined to turn over the records.

IPS interviews with human rights and open-government advocates produced few explanations of the president's actions, beyond calls for him to live up to his promises.

But some have offered insights as to the "why" of what they see as Obama's u-turn.

Among them is Professor Francis A. Boyle of the University of Illinois law school. He told IPS, "After winning the Democratic Party against Senator Clinton by appealing to its progressive wing, Obama immediately veered far to the right and co-opted all of the Clinton people into his campaign and then administration. So what we are seeing now is a third Clinton term with a continuation of many of the same foreign and domestic policies pursued by the Bush Jr. administration."

He added, "This has little to do with personnel and personalities. It has to do structurally with the preservation and further extension of the American empire abroad that necessarily requires the further consolidation of an American police state at home," he said.

"Hence the Obama administration has continued to ratify the illegal and unconstitutional policies of the Bush administration in court cases across the board, while escalating the Bush admistration's imperialist intervention into Afghanistan and now expanding it into Pakistan."

Another explanation came from Michael Ratner, president of the Centre for Constitutional Rights, which has mobilised dozens of pro-bono lawyers to represent Guantanamo prisoners.

"Why did Obama make promises about less secrecy, transparency and a narrowed state secrets privilege and proceed to have his administration assert positions and back legislation that was directly contrary to those promises?" he asked rhetorically in response to an IPS question.

"In the U.S., we complain about Chile hiding the crimes of the Pinochet regime, or Germany hiding the Nazi crimes or Russia the crimes of the KGB, yet where is the screaming when President Obama hides the war crimes of the Bush administration?"

His answer: "In part, the recent blatant assertions of secrecy are to hide crimes of former and some current officials. That is why President Obama is keeping the torture photos hidden. That is why he is continuing to assert broad state secret claims to try and hide the rendition program."

"That is why the 2004 CIA report on the secret site interrogations will be released with heavy redactions. Not only would the photos and documents implicate the Bushies, but remember some of those abuses were apparently committed by units under the command of the recently appointed commander in Afghanistan, General (Stanley) McChrystal," Ratner noted.

"Some of the crimes were allegedly approved or committed by the current deputy director of the CIA, Stephen Kappes, who is keeping his job," he added. Chip Pitts of the Bill of Rights Defense Committee offers another perspective. He told IPS, "There are undoubtedly elements of truth in each of the theories - or excuses - I've imagined or heard for the president's broken January promise."

"But the hedging and retaining litigation and other exceptions, instead of restoring the full presumption of transparency and openness in interpreting FOIA, are as disappointing as the hedging and retaining exceptions on other core planks of the rule of law, such as the prohibition on torture, military commissions, preventive detention, and maintaining ubiquitous surveillance."

He added, "The free information flows and social networking technologies in the Iranian protests are only the latest indication of transparency's new historical power. Obama himself recognized in that context the new meaning for Martin Luther King's injunction that ‘the arc of the moral universe is long, but bends toward justice'."

"Obama would be better advised to be on the right side of that history than on the side of darkness and cover-up," he said.

A more hopeful note comes from Peter M Shane, a law professor at Ohio State University. He notes that the Bush administration "had the most ambitious view of executive power in history. Bush sympathizers see little difference in the Obama administration. Bush's detractors, in some respects, agree."

But the truth, he says, is probably closer to the Obama administration casting aside some of the Bush administration's more audacious claims while "still struggling to find a consistent stance with regard to its philosophy of executive power."

How the new administration will ultimately resolve its conflicts between secrecy and open government remains to be seen. But, as President Obama said over the weekend in relation to the current Iranian conflict, "the world is watching".

by William Fisher

Published on Monday, June 22, 2009 by Inter Press Service

reposted from:

http://www.commondreams.org/headline/2009/06/22-7

Iran Had a Democracy Before We Took It Away

Iranians do not need or want us to teach them about liberty and representative government. They have long embodied this struggle. It is we who need to be taught. It was Washington that orchestrated the 1953 coup to topple Iran’s democratically elected government, the first in the Middle East, and install the compliant shah in power. It was Washington that forced Prime Minister Mohammed Mossadegh, a man who cared as much for his country as he did for the rule of law and democracy, to spend the rest of his life under house arrest. We gave to the Iranian people the corrupt regime of the shah and his savage secret police and the primitive clerics that rose out of the swamp of the dictator’s Iran. Iranians know they once had a democracy until we took it away.

The fundamental problem in the Middle East is not a degenerate and corrupt Islam. The fundamental problem is a degenerate and corrupt Christendom. We have not brought freedom and democracy and enlightenment to the Muslim world. We have brought the opposite. We have used the iron fist of the American military to implant our oil companies in Iraq, occupy Afghanistan and ensure that the region is submissive and cowed. We have supported a government in Israel that has carried out egregious war crimes in Lebanon and Gaza and is daily stealing ever greater portions of Palestinian land. We have established a network of military bases, some the size of small cities, in Iraq, Afghanistan, Saudi Arabia, Turkey and Kuwait, and we have secured basing rights in the Gulf states of Bahrain, Qatar, Oman and the United Arab Emirates. We have expanded our military operations to Uzbekistan, Pakistan, Kyrgyzstan, Tajikistan, Egypt, Algeria and Yemen. And no one naively believes, except perhaps us, that we have any intention of leaving.

We are the biggest problem in the Middle East. We have through our cruelty and violence created and legitimized the Mahmoud Ahmadinejads and the Osama bin Ladens. The longer we lurch around the region dropping iron fragmentation bombs and seizing Muslim land the more these monsters, reflections of our own distorted image, will proliferate. The theologian Reinhold Niebuhr wrote that “the most significant moral characteristic of a nation is its hypocrisy.” But our hypocrisy no longer fools anyone but ourselves. It will ensure our imperial and economic collapse.

The history of modern Iran is the history of a people battling tyranny. These tyrants were almost always propped up and funded by foreign powers. This suppression and distortion of legitimate democratic movements over the decades resulted in the 1979 revolution that brought the Iranian clerics to power, unleashing another tragic cycle of Iranian resistance.

“The central story of Iran over the last 200 years has been national humiliation at the hands of foreign powers who have subjugated and looted the country,” Stephen Kinzer, the author of “All the Shah’s Men: An American Coup and the Roots of Middle East Terror,” told me. “For a long time the perpetrators were the British and Russians. Beginning in 1953, the United States began taking over that role. In that year, the American and British secret services overthrew an elected government, wiped away Iranian democracy, and set the country on the path to dictatorship.”

“Then, in the 1980s, the U.S. sided with Saddam Hussein in the Iran-Iraq war, providing him with military equipment and intelligence that helped make it possible for his army to kill hundreds of thousands of Iranians,” Kinzer said. “Given this history, the moral credibility of the U.S. to pose as a promoter of democracy in Iran is close to nil.

Especially ludicrous is the sight of people in Washington calling for intervention on behalf of democracy in Iran when just last year they were calling for the bombing of Iran. If they had had their way then, many of the brave protesters on the streets of Tehran today—the ones they hold up as heroes of democracy—would be dead now.”

Washington has never recovered from the loss of Iran—something our intelligence services never saw coming. The overthrow of the shah, the humiliation of the embassy hostages, the laborious piecing together of tiny shreds of paper from classified embassy documents to expose America’s venal role in thwarting democratic movements in Iran and the region, allowed the outside world to see the dark heart of the American empire. Washington has demonized Iran ever since, painting it as an irrational and barbaric country filled with primitive, religious zealots. But Iranians, as these street protests illustrate, have proved in recent years far more courageous in the defense of democracy than most Americans.

Where were we when our election was stolen from us in 2000 by Republican operatives and a Supreme Court that overturned all legal precedent to anoint George W. Bush president? Did tens of thousands of us fill the squares of our major cities and denounce the fraud? Did we mobilize day after day to restore transparency and accountability to our election process? Did we fight back with the same courage and tenacity as the citizens of Iran? Did Al Gore defy the power elite and, as opposition candidate Mir Hossein Mousavi has done, demand a recount at the risk of being killed?

President Obama retreated in his Cairo speech into our spectacular moral nihilism, suggesting that our crimes matched the crimes of Iran, that there is, in his words, "a tumultuous history between us." He went on: "In the middle of the Cold War, the United States played a role in the overthrow of a democratically elected Iranian government. Since the Islamic Revolution, Iran has played a role in acts of hostage-taking and violence against U.S. troops and civilians." It all, he seemed to say, balances out.

I am no friend of the Iranian regime, which helped create and arm Hezbollah, is certainly meddling in Iraq, has persecuted human rights activists, gays, women and religious and ethnic minorities, embraces racism and intolerance and uses its power to deny popular will. But I do not remember Iran orchestrating a coup in the United States to replace an elected government with a brutal dictator who for decades persecuted, assassinated and imprisoned democracy activists. I do not remember Iran arming and funding a neighboring state to wage war against our country. Iran never shot down one of our passenger jets as did the USS Vincennes-caustically nicknamed Robocruiser by the crews of other American vessels-when in June 1988 it fired missiles at an Airbus filled with Iranian civilians, killing everyone on board. Iran is not sponsoring terrorism within the United States, as our intelligence services currently do in Iran. The attacks on Iranian soil include suicide bombings, kidnappings, beheadings, sabotage and "targeted assassinations" of government officials, scientists and other Iranian leaders. What would we do if the situation was reversed? How would we react if Iran carried out these policies against us?

We are, and have long been, the primary engine for radicalism in the Middle East. The greatest favor we can do for democracy activists in Iran, as well as in Iraq, Afghanistan, the Gulf and the dictatorships that dot North Africa, is withdraw our troops from the region and begin to speak to Iranians and the rest of the Muslim world in the civilized language of diplomacy, respect and mutual interests. The longer we cling to the doomed doctrine of permanent war the more we give credibility to the extremists who need, indeed yearn for, an enemy that speaks in their crude slogans of nationalist cant and violence. The louder the Israelis and their idiot allies in Washington call for the bombing of Iran to thwart its nuclear ambitions, the happier are the bankrupt clerics who are ordering the beating and murder of demonstrators. We may laugh when crowds supporting Ahmadinejad call us "the Great Satan," but there is a very palpable reality that has informed the terrible algebra of their hatred.

Our intoxication with our military prowess blinds us to all possibilities of hope and mutual cooperation. It was Mohammed Khatami, the president of Iran from 1997 to 2005-perhaps the only honorable Middle East leader of our time-whose refusal to countenance violence by his own supporters led to the demise of his lofty "civil society" at the hands of more ruthless, less scrupulous opponents. It was Khatami who proclaimed that "the death of even one Jew is a crime." And we sputtered back to this great and civilized man the primitive slogans of all deformed militarists. We were captive, as all bigots are, to our demons, and could not hear any sound but our own shouting. It is time to banish these demons. It is time to stand not with the helmeted goons who beat protesters, not with those in the Pentagon who make endless wars, but with the unarmed demonstrators in Iran who daily show us what we must become.

The fight of the Iranian people is our fight. And, perhaps for the first time, we can match our actions to our ideals. We have no right under post-Nuremberg laws to occupy Iraq or Afghanistan. These occupations are defined by these statutes as criminal "wars of aggression." They are war crimes. We have no right to use force, including the state-sponsored terrorism we unleash on Iran, to turn the Middle East into a private gas station for our large oil companies. We have no right to empower Israel's continuing occupation of Palestine, a flagrant violation of international law. The resistance you see in Iran will not end until Iranians, and all those burdened with repression in the Middle East, free themselves from the tyranny that comes from within and without. Let us, for once, be on the side of those who share our democratic ideals.

by Chris Heges

Published on Monday, June 22, 2009 by TruthDig.com

reposted from:

http://www.commondreams.org/view/2009/06/22-0

Israel's Crimes, America's Silence

President Obama's recent speech to the Muslim World failed to address allegations that Israel committed war crimes in Gaza. Palestinians and people throughout the region were shocked at the firepower Israel brought to bear against Gaza's civilians and do not want Palestinians' ongoing misery to be further ignored. Many were surely waiting to hear from President Obama that the way to peace does not lie through the devastation of civilian life and infrastructure in Gaza.

To date, too little mention has been made of investigations that show there is sufficient evidence to bring charges of war crimes and crimes against humanity against Israel's political and military leadership for their actions in Gaza. Recently, two comprehensive independent reports have been published on Gaza, and earlier this month a mission mandated by the UN Human Rights Council, and chaired by South African Richard Goldstone, visited Gaza to conduct a further investigation into Israel's offensive.

On May 4 the United Nations published the findings of an investigation into attacks carried out by the Israel Defense Forces (IDF) on UN premises in Gaza. Led by Ian Martin, formerly head of Amnesty International, this investigation found Israel responsible for wrongfully killing and injuring Palestinians on UN premises and destroying property amounting to over $10 million in value. Although this investigation did not address the question of individual criminal responsibility, it is clear that the identified wrongful acts by Israel constituted serious war crimes.

On May 7 the Arab League published the 254-page report of an Independent Fact Finding Committee (IFFC) it had established to examine the legal implications of Israel's Gaza offensive. This committee, comprising six experts in international law, criminal law and forensic medicine from non-Arab countries, visited Gaza in February. We concluded that the IDF had committed serious war crimes and crimes against humanity.

As the committee's chairman, I spent five days in Gaza along with the other experts. Our views were deeply influenced by interviews we conducted with victims and by the evidence of destruction of property. We were particularly disturbed by the accounts of cold-blooded killings of civilians committed by some members of the IDF and the Israeli military's use of white phosphorus in densely populated areas. The devastation was appalling and raised profound doubts in my mind as to the veracity of Israeli officials who claimed this was not a war against the Palestinian people.

The IFFC found that the IDF, in killing some 1,400 Palestinians (at least 850 of whom were civilians), wounding over 5,000 and destroying over 3,000 homes and other buildings, had failed to discriminate between civilian and military targets, terrorized civilians, destroyed property in a wanton manner not justified by military necessity and attacked hospitals and ambulances. It also found that the systematic and widespread killing, injuring and terrorizing of the civilian population of Gaza constituted a crime against humanity.

The IFFC investigated the question whether the IDF was responsible for committing the 'crime of crimes'-- genocide. Here we concluded that although the evidence pointed in this direction, Israel lacked the intention to destroy the people of Gaza, which must be proved for the crime of genocide. Instead, the IFFC found that the purpose of the offensive was collective punishment aimed at reducing the population to a state of submission. However, the IFFC did not discount the possibility that individual soldiers had acted with the required genocidal intent.

Israel's argument that it acted in self-defense was rejected, inter alia, on the basis of evidence that Israel's action was premeditated and not an immediate response to rockets fired by militants and was, moreover, disproportionate. The IFFC found that the IDF's own internal investigation into allegations of irregularities, which exonerated the IDF, was unconvincing because it was not conducted by an independent body and failed to consider Palestinian evidence.

The IFFC also examined the actions of Palestinian militants who fired rockets indiscriminately into southern Israel. We concluded that these actions constituted war crimes and that those responsible committed the war crimes of indiscriminate attacks on civilians and the killing, wounding and terrorization of civilians.

The past twenty years have brought important developments in international law in respect to accountability for international crimes. Yet Israel has possibly secured impunity for itself by failing to become a party to the Rome Statute of the International Criminal Court. Nevertheless, its actions may still be judged by the court of public opinion.

A bold Obama speech on Gaza would have ensured that the public is on notice that it's not business as usual in Washington. Even American allies, such as Israel, should have to answer evidence of serious international crimes. In this way, some measure of accountability may be achieved. With an active American push, a new view of the United States may begin to take shape after eight years of disregard for international and domestic law.

by John Dugard

reposted from:

http://www.thenation.com/doc/20090629/dugard

Saturday, May 23, 2009

American Amnesia: We Forget Our Atrocities Almost As Soon as We Commit Them

The torture memos released by the White House elicited shock, indignation, and surprise. The shock and indignation are understandable. The surprise, less so.

For one thing, even without inquiry, it was reasonable to suppose that Guantanamo was a torture chamber. Why else send prisoners where they would be beyond the reach of the law -- a place, incidentally, that Washington is using in violation of a treaty forced on Cuba at the point of a gun? Security reasons were, of course, alleged, but they remain hard to take seriously. The same expectations held for the Bush administration's "black sites," or secret prisons, and for extraordinary rendition, and they were fulfilled.

More importantly, torture has been routinely practiced from the early days of the conquest of the national territory, and continued to be used as the imperial ventures of the "infant empire" -- as George Washington called the new republic -- extended to the Philippines, Haiti, and elsewhere. Keep in mind as well that torture was the least of the many crimes of aggression, terror, subversion, and economic strangulation that have darkened U.S. history, much as in the case of other great powers.

Accordingly, what's surprising is to see the reactions to the release of those Justice Department memos, even by some of the most eloquent and forthright critics of Bush malfeasance: Paul Krugman, for example, writing that we used to be "a nation of moral ideals" and never before Bush "have our leaders so utterly betrayed everything our nation stands for." To say the least, that common view reflects a rather slanted version of American history.

Occasionally the conflict between "what we stand for" and "what we do" has been forthrightly addressed. One distinguished scholar who undertook the task at hand was Hans Morgenthau, a founder of realist international relations theory. In a classic study published in 1964 in the glow of Camelot, Morgenthau developed the standard view that the U.S. has a "transcendent purpose": establishing peace and freedom at home and indeed everywhere, since "the arena within which the United States must defend and promote its purpose has become world-wide." But as a scrupulous scholar, he also recognized that the historical record was radically inconsistent with that "transcendent purpose."

We should not be misled by that discrepancy, advised Morgenthau; we should not "confound the abuse of reality with reality itself." Reality is the unachieved "national purpose" revealed by "the evidence of history as our minds reflect it." What actually happened was merely the "abuse of reality."

The release of the torture memos led others to recognize the problem. In the New York Times, columnist Roger Cohen reviewed a new book, The Myth of American Exceptionalism, by British journalist Geoffrey Hodgson, who concludes that the U.S. is "just one great, but imperfect, country among others." Cohen agrees that the evidence supports Hodgson's judgment, but nonetheless regards as fundamentally mistaken Hodgson's failure to understand that "America was born as an idea, and so it has to carry that idea forward." The American idea is revealed in the country's birth as a "city on a hill," an "inspirational notion" that resides "deep in the American psyche," and by "the distinctive spirit of American individualism and enterprise" demonstrated in the Western expansion. Hodgson's error, it seems, is that he is keeping to "the distortions of the American idea," "the abuse of reality."

Let us then turn to "reality itself": the "idea" of America from its earliest days.

"Come Over and Help Us"

The inspirational phrase "city on a hill" was coined by John Winthrop in 1630, borrowing from the Gospels, and outlining the glorious future of a new nation "ordained by God." One year earlier his Massachusetts Bay Colony created its Great Seal. It depicted an Indian with a scroll coming out of his mouth. On that scroll are the words "Come over and help us." The British colonists were thus pictured as benevolent humanists, responding to the pleas of the miserable natives to be rescued from their bitter pagan fate.

The Great Seal is, in fact, a graphic representation of "the idea of America," from its birth. It should be exhumed from the depths of the psyche and displayed on the walls of every classroom. It should certainly appear in the background of all of the Kim Il-Sung-style worship of that savage murderer and torturer Ronald Reagan, who blissfully described himself as the leader of a "shining city on the hill," while orchestrating some of the more ghastly crimes of his years in office, notoriously in Central America but elsewhere as well.

The Great Seal was an early proclamation of "humanitarian intervention," to use the currently fashionable phrase. As has commonly been the case since, the "humanitarian intervention" led to a catastrophe for the alleged beneficiaries. The first Secretary of War, General Henry Knox, described "the utter extirpation of all the Indians in most populous parts of the Union" by means "more destructive to the Indian natives than the conduct of the conquerors of Mexico and Peru."

Long after his own significant contributions to the process were past, John Quincy Adams deplored the fate of "that hapless race of native Americans, which we are exterminating with such merciless and perfidious cruelty... among the heinous sins of this nation, for which I believe God will one day bring [it] to judgement." The "merciless and perfidious cruelty" continued until "the West was won." Instead of God's judgment, the heinous sins today bring only praise for the fulfillment of the American "idea."

The conquest and settling of the West indeed showed that "individualism and enterprise," so praised by Roger Cohen. Settler-colonialist enterprises, the cruelest form of imperialism, commonly do. The results were hailed by the respected and influential Senator Henry Cabot Lodge in 1898. Calling for intervention in Cuba, Lodge lauded our record "of conquest, colonization, and territorial expansion unequalled by any people in the 19th century," and urged that it is "not to be curbed now," as the Cubans too were pleading, in the Great Seal's words, "come over and help us."

Their plea was answered. The U.S. sent troops, thereby preventing Cuba's liberation from Spain and turning it into a virtual colony, as it remained until 1959.

The "American idea" was illustrated further by the remarkable campaign, initiated by the Eisenhower administration virtually at once to restore Cuba to its proper place, after Fidel Castro entered Havana in January 1959, finally liberating the island from foreign domination, with enormous popular support, as Washington ruefully conceded. What followed was economic warfare with the clearly articulated aim of punishing the Cuban population so that they would overthrow the disobedient Castro government, invasion, the dedication of the Kennedy brothers to bringing "the terrors of the earth" to Cuba (the phrase of historian Arthur Schlesinger in his biography of Robert Kennedy, who considered that task one of his highest priorities), and other crimes continuing to the present, in defiance of virtually unanimous world opinion.

American imperialism is often traced to the takeover of Cuba, Puerto Rico, and Hawaii in 1898. But that is to succumb to what historian of imperialism Bernard Porter calls "the saltwater fallacy," the idea that conquest only becomes imperialism when it crosses saltwater. Thus, if the Mississippi had resembled the Irish Sea, Western expansion would have been imperialism. From George Washington to Henry Cabot Lodge, those engaged in the enterprise had a clearer grasp of just what they were doing.

After the success of humanitarian intervention in Cuba in 1898, the next step in the mission assigned by Providence was to confer "the blessings of liberty and civilization upon all the rescued peoples" of the Philippines (in the words of the platform of Lodge's Republican party) -- at least those who survived the murderous onslaught and widespread use of torture and other atrocities that accompanied it. These fortunate souls were left to the mercies of the U.S.-established Philippine constabulary within a newly devised model of colonial domination, relying on security forces trained and equipped for sophisticated modes of surveillance, intimidation, and violence. Similar models would be adopted in many other areas where the U.S. imposed brutal National Guards and other client forces.

The Torture Paradigm

Over the past 60 years, victims worldwide have endured the CIA's "torture paradigm," developed at a cost that reached $1 billion annually, according to historian Alfred McCoy in his book A Question of Torture. He shows how torture methods the CIA developed from the 1950s surfaced with little change in the infamous photos at Iraq's Abu Ghraib prison. There is no hyperbole in the title of Jennifer Harbury's penetrating study of the U.S. torture record: Truth, Torture, and the American Way. So it is highly misleading, to say the least, when investigators of the Bush gang's descent into the global sewers lament that "in waging the war against terrorism, America had lost its way."

None of this is to say that Bush-Cheney-Rumsfeld et al. did not introduce important innovations. In ordinary American practice, torture was largely farmed out to subsidiaries, not carried out by Americans directly in their own government-established torture chambers. As Allan Nairn, who has carried out some of the most revealing and courageous investigations of torture, points out: "What the Obama [ban on torture] ostensibly knocks off is that small percentage of torture now done by Americans while retaining the overwhelming bulk of the system's torture, which is done by foreigners under U.S. patronage. Obama could stop backing foreign forces that torture, but he has chosen not to do so."

Obama did not shut down the practice of torture, Nairn observes, but "merely repositioned it," restoring it to the American norm, a matter of indifference to the victims. "[H]is is a return to the status quo ante," writes Nairn, "the torture regime of Ford through Clinton, which, year by year, often produced more U.S.-backed strapped-down agony than was produced during the Bush/Cheney years."

Sometimes the American engagement in torture was even more indirect. In a 1980 study, Latin Americanist Lars Schoultz found that U.S. aid "has tended to flow disproportionately to Latin American governments which torture their citizens,... to the hemisphere's relatively egregious violators of fundamental human rights." Broader studies by Edward Herman found the same correlation, and also suggested an explanation. Not surprisingly, U.S. aid tends to correlate with a favorable climate for business operations, commonly improved by the murder of labor and peasant organizers and human rights activists and other such actions, yielding a secondary correlation between aid and egregious violation of human rights.

These studies took place before the Reagan years, when the topic was not worth studying because the correlations were so clear.

Small wonder that President Obama advises us to look forward, not backward -- a convenient doctrine for those who hold the clubs. Those who are beaten by them tend to see the world differently, much to our annoyance.

Adopting Bush's Positions

An argument can be made that implementation of the CIA's "torture paradigm" never violated the 1984 Torture Convention, at least as Washington interpreted it. McCoy points out that the highly sophisticated CIA paradigm developed at enormous cost in the 1950s and 1960s, based on the "KGB's most devastating torture technique," kept primarily to mental torture, not crude physical torture, which was considered less effective in turning people into pliant vegetables.

McCoy writes that the Reagan administration then carefully revised the International Torture Convention "with four detailed diplomatic 'reservations' focused on just one word in the convention's 26-printed pages," the word "mental." He continues: "These intricately-constructed diplomatic reservations re-defined torture, as interpreted by the United States, to exclude sensory deprivation and self-inflicted pain -- the very techniques the CIA had refined at such great cost."

When Clinton sent the UN Convention to Congress for ratification in 1994, he included the Reagan reservations. The president and Congress therefore exempted the core of the CIA torture paradigm from the U.S. interpretation of the Torture Convention; and those reservations, McCoy observes, were "reproduced verbatim in domestic legislation enacted to give legal force to the UN Convention." That is the "political land mine" that "detonated with such phenomenal force" in the Abu Ghraib scandal and in the shameful Military Commissions Act that was passed with bipartisan support in 2006.

Bush, of course, went beyond his predecessors in authorizing prima facie violations of international law, and several of his extremist innovations were struck down by the Courts. While Obama, like Bush, eloquently affirms our unwavering commitment to international law, he seems intent on substantially reinstating the extremist Bush measures. In the important case of Boumediene v. Bush in June 2008, the Supreme Court rejected as unconstitutional the Bush administration claim that prisoners in Guantanamo are not entitled to the right of habeas corpus.

Salon.com columnist Glenn Greenwald reviews the aftermath. Seeking to "preserve the power to abduct people from around the world" and imprison them without due process, the Bush administration decided to ship them to the U.S. prison at Bagram Air Base in Afghanistan, treating "the Boumediene ruling, grounded in our most basic constitutional guarantees, as though it was some sort of a silly game -- fly your abducted prisoners to Guantanamo and they have constitutional rights, but fly them instead to Bagram and you can disappear them forever with no judicial process."

Obama adopted the Bush position, "filing a brief in federal court that, in two sentences, declared that it embraced the most extremist Bush theory on this issue," arguing that prisoners flown to Bagram from anywhere in the world (in the case in question, Yemenis and Tunisians captured in Thailand and the United Arab Emirates) "can be imprisoned indefinitely with no rights of any kind -- as long as they are kept in Bagram rather than Guantanamo."

In March, however, a Bush-appointed federal judge "rejected the Bush/Obama position and held that the rationale of Boumediene applies every bit as much to Bagram as it does to Guantanamo." The Obama administration announced that it would appeal the ruling, thus placing Obama's Department of Justice, Greenwald concludes, "squarely to the Right of an extremely conservative, pro-executive-power, Bush 43-appointed judge on issues of executive power and due-process-less detentions," in radical violation of Obama's campaign promises and earlier stands.

The case of Rasul v. Rumsfeld appears to be following a similar trajectory. The plaintiffs charged that Rumsfeld and other high officials were responsible for their torture in Guantanamo, where they were sent after being captured by Uzbeki warlord Rashid Dostum. The plaintiffs claimed that they had traveled to Afghanistan to offer humanitarian relief. Dostum, a notorious thug, was then a leader of the Northern Alliance, the Afghan faction supported by Russia, Iran, India, Turkey, and the Central Asian states, and the U.S. as it attacked Afghanistan in October 2001.

Dostum turned them over to U.S. custody, allegedly for bounty money. The Bush administration sought to have the case dismissed. Recently, Obama's Department of Justice filed a brief supporting the Bush position that government officials are not liable for torture and other violations of due process, on the grounds that the Courts had not yet clearly established the rights that prisoners enjoy.

It is also reported that the Obama administration intends to revive military commissions, one of the more severe violations of the rule of law during the Bush years. There is a reason, according to William Glaberson of the New York Times: "Officials who work on the Guantanamo issue say administration lawyers have become concerned that they would face significant obstacles to trying some terrorism suspects in federal courts. Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies." A serious flaw in the criminal justice system, it appears.

Creating Terrorists

There is still much debate about whether torture has been effective in eliciting information -- the assumption being, apparently, that if it is effective, then it may be justified. By the same argument, when Nicaragua captured U.S. pilot Eugene Hasenfuss in 1986, after shooting down his plane delivering aid to U.S.-supported Contra forces, they should not have tried him, found him guilty, and then sent him back to the U.S., as they did. Instead, they should have applied the CIA torture paradigm to try to extract information about other terrorist atrocities being planned and implemented in Washington, no small matter for a tiny, impoverished country under terrorist attack by the global superpower.

By the same standards, if the Nicaraguans had been able to capture the chief terrorism coordinator, John Negroponte, then U.S. ambassador in Honduras (later appointed as the first Director of National Intelligence, essentially counterterrorism czar, without eliciting a murmur), they should have done the same. Cuba would have been justified in acting similarly, had the Castro government been able to lay hands on the Kennedy brothers. There is no need to bring up what their victims should have done to Henry Kissinger, Ronald Reagan, and other leading terrorist commanders, whose exploits leave al-Qaeda in the dust, and who doubtless had ample information that could have prevented further "ticking bomb" attacks.

Such considerations never seem to arise in public discussion.

There is, to be sure, a response: our terrorism, even if surely terrorism, is benign, deriving as it does from the city on the hill.

Perhaps culpability would be greater, by prevailing moral standards, if it were discovered that Bush administration torture had cost American lives. That is, in fact, the conclusion drawn by Major Matthew Alexander [a pseudonym], one of the most seasoned U.S. interrogators in Iraq, who elicited "the information that led to the US military being able to locate Abu Musab al-Zarqawi, the head of al-Qa'ida in Iraq," correspondent Patrick Cockburn reports.

Alexander expresses only contempt for the Bush administration's harsh interrogation methods: "The use of torture by the U.S.," he believes, not only elicits no useful information but "has proved so counter-productive that it may have led to the death of as many U.S. soldiers as civilians killed in 9/11." From hundreds of interrogations, Alexander discovered that foreign fighters came to Iraq in reaction to the abuses at Guantanamo and Abu Ghraib, and that they and their domestic allies turned to suicide bombing and other terrorist acts for the same reasons.

There is also mounting evidence that the torture methods Dick Cheney and Donald Rumsfeld encouraged created terrorists. One carefully studied case is that of Abdallah al-Ajmi, who was locked up in Guantanamo on the charge of "engaging in two or three fire fights with the Northern Alliance." He ended up in Afghanistan after having failed to reach Chechnya to fight against the Russians.

After four years of brutal treatment in Guantanamo, he was returned to Kuwait. He later found his way to Iraq and, in March 2008, drove a bomb-laden truck into an Iraqi military compound, killing himself and 13 soldiers -- "the single most heinous act of violence committed by a former Guantanamo detainee," according to the Washington Post, and according to his lawyer, the direct result of his abusive imprisonment.

All much as a reasonable person would expect.

Unexceptional Americans

Another standard pretext for torture is the context: the "war on terror" that Bush declared after 9/11. A crime that rendered traditional international law "quaint" and "obsolete" -- so George W. Bush was advised by his legal counsel Alberto Gonzales, later appointed Attorney General. The doctrine has been widely reiterated in one form or another in commentary and analysis.

The 9/11 attack was doubtless unique in many respects. One is where the guns were pointing: typically it is in the opposite direction. In fact, it was the first attack of any consequence on the national territory of the United States since the British burned down Washington in 1814.

Another unique feature was the scale of terror perpetrated by a non-state actor.

Horrifying as it was, however, it could have been worse. Suppose that the perpetrators had bombed the White House, killed the president, and established a vicious military dictatorship that killed 50,000 to 100,000 people and tortured 700,000, set up a huge international terror center that carried out assassinations and helped impose comparable military dictatorships elsewhere, and implemented economic doctrines that so radically dismantled the economy that the state had to virtually take it over a few years later.

That would indeed have been far worse than September 11, 2001. And it happened in Salvador Allende's Chile in what Latin Americans often call "the first 9/11" in 1973. (The numbers above were changed to per-capita U.S. equivalents, a realistic way of measuring crimes.) Responsibility for the military coup against Allende can be traced straight back to Washington. Accordingly, the otherwise quite appropriate analogy is out of consciousness here in the U.S., while the facts are consigned to the "abuse of reality" that the naïve call "history."

It should also be recalled that Bush did not declare the "war on terror," he re-declared it. Twenty years earlier, President Reagan's administration came into office declaring that a centerpiece of its foreign policy would be a war on terror, "the plague of the modern age" and "a return to barbarism in our time" -- to sample the fevered rhetoric of the day.

That first U.S. war on terror has also been deleted from historical consciousness, because the outcome cannot readily be incorporated into the canon: hundreds of thousands slaughtered in the ruined countries of Central America and many more elsewhere, among them an estimated 1.5 million dead in the terrorist wars sponsored in neighboring countries by Reagan's favored ally, apartheid South Africa, which had to defend itself from Nelson Mandela's African National Congress (ANC), one of the world's "more notorious terrorist groups," as Washington determined in 1988. In fairness, it should be added that, 20 years later, Congress voted to remove the ANC from the list of terrorist organizations, so that Mandela is now, at last, able to enter the U.S. without obtaining a waiver from the government.

The reigning doctrine of the country is sometimes called "American exceptionalism." It is nothing of the sort. It is probably close to a universal habit among imperial powers. France was hailing its "civilizing mission" in its colonies, while the French Minister of War called for "exterminating the indigenous population" of Algeria. Britain's nobility was a "novelty in the world," John Stuart Mill declared, while urging that this angelic power delay no longer in completing its liberation of India.

Similarly, there is no reason to doubt the sincerity of Japanese militarists in the 1930s, who were bringing an "earthly paradise" to China under benign Japanese tutelage, as they carried out the rape of Nanking and their "burn all, loot all, kill all" campaigns in rural North China. History is replete with similar glorious episodes.

As long as such "exceptionalist" theses remain firmly implanted, however, the occasional revelations of the "abuse of history" often backfire, serving only to efface terrible crimes. The My Lai massacre was a mere footnote to the vastly greater atrocities of the post-Tet pacification programs, ignored while indignation in this country was largely focused on this single crime.

Watergate was doubtless criminal, but the furor over it displaced incomparably worse crimes at home and abroad, including the FBI-organized assassination of black organizer Fred Hampton as part of the infamous COINTELPRO repression, or the bombing of Cambodia, to mention just two egregious examples. Torture is hideous enough; the invasion of Iraq was a far worse crime. Quite commonly, selective atrocities have this function.

Historical amnesia is a dangerous phenomenon, not only because it undermines moral and intellectual integrity, but also because it lays the groundwork for crimes that still lie ahead.

Noam Chomsky is Institute Professor (retired) at MIT. He is the author of many books and articles on international affairs and social-political issues, and a long-time participant in activist movements.

by Noam Chomsky

reposted from:

http://www.alternet.org/rights/140137/american_amnesia%3A_we_forget_our_atrocities_almost_as_soon_as_we_commit_them/

Why People Believe Invisible Agents Control the World

Souls, spirits, ghosts, gods, demons, angels, aliens, intelligent designers, government conspirators, and all manner of invisible agents with power and intention are believed to haunt our world and control our lives. Why?

The answer has two parts, starting with the concept of “patternicity,” which I defined in my December 2008 column as the human tendency to find meaningful patterns in meaningless noise. Consider the face on Mars, the Virgin Mary on a grilled cheese sandwich, satanic messages in rock music. Of course, some patterns are real. Finding predictive patterns in changing weather, fruiting trees, migrating prey animals and hungry predators was central to the survival of Paleolithic hominids.

The problem is that we did not evolve a baloney-detection device in our brains to discriminate between true and false patterns. So we make two types of errors: a type I error, or false positive, is believing a pattern is real when it is not; a type II error, or false negative, is not believing a pattern is real when it is. If you believe that the rustle in the grass is a dangerous predator when it is just the wind (a type I error), you are more likely to survive than if you believe that the rustle in the grass is just the wind when it is a dangerous predator (a type II error). Because the cost of making a type I error is less than the cost of making a type II error and because there is no time for careful deliberation between patternicities in the split-second world of predator-prey interactions, natural selection would have favored those animals most likely to assume that all patterns are real.

But we do something other animals do not do. As large-brained hominids with a developed cortex and a theory of mind—the capacity to be aware of such mental states as desires and intentions in both ourselves and others—we infer agency behind the patterns we observe in a practice I call “agent­icity”: the tendency to believe that the world is controlled by invisible intentional agents. We believe that these intentional agents control the world, sometimes invisibly from the top down (as opposed to bottom-up causal randomness). Together patternicity and agent­icity form the cognitive basis of shamanism, paganism, animism, polytheism, monotheism, and all modes of Old and New Age spiritualisms.

Agenticity carries us far beyond the spirit world. The Intelligent Designer is said to be an invisible agent who created life from the top down. Aliens are often portrayed as powerful beings coming down from on high to warn us of our impending self-destruction. Conspiracy theories predictably include hidden agents at work behind the scenes, puppet masters pulling political and economic strings as we dance to the tune of the Bilderbergers, the Roth­schilds, the Rockefellers or the Illuminati. Even the belief that government can impose top-down measures to rescue the economy is a form of agenticity, with President Barack Obama being touted as “the one” with almost messianic powers who will save us.

There is now substantial evidence from cognitive neuroscience that humans readily find patterns and impart agency to them, well documented in the new book SuperSense (HarperOne, 2009) by University of Bristol psychologist Bruce Hood. Examples: children believe that the sun can think and follows them around; because of such beliefs, they often add smiley faces on sketched suns. Adults typically refuse to wear a mass murderer’s sweater, believing that “evil” is a supernatural force that imparts its negative agency to the wearer (and, alternatively, that donning Mr. Rogers’s cardigan will make you a better person). A third of transplant patients believe that the donor’s personality is transplanted with the organ. Genital-shaped foods (bananas, oysters) are often believed to enhance sexual potency. Subjects watching geometric shapes with eye spots interacting on a computer screen conclude that they represent agents with moral intentions.

“Many highly educated and intelligent individuals experience a powerful sense that there are patterns, forces, energies and entities operating in the world,” Hood explains. “More important, such experiences are not substantiated by a body of reliable evidence, which is why they are supernatural and unscientific. The inclination or sense that they may be real is our supersense.”

We are natural-born supernaturalists.

by Michael Shermer

reposted from:

http://www.scientificamerican.com/article.cfm?id=skeptic-agenticity&print=true

The agnostic atheist

When Thomas Huxley coined the term "agnostic" in 1869 he did it to make a point.

A member of the "Metaphysical Society", a monthly discussion group of liberal churchmen, deists, Unitarians, positivists and the occasional atheist, Huxley found himself confronted with people who "were quite sure they had attained a certain 'gnosis,' – [who] had, more or less successfully, solved the problem of existence."

Huxley was "quite sure" that he had not reached any such resolution and, indeed, "had a pretty strong conviction that the problem was insoluble." Looking for a term that would free him from such certainties – and from accusations of atheism and materialism that were regularly, if inaccurately, levelled at him – he coined the word agnostic.

Huxley's neologism was not some arbitrary midway point between theism and atheism, as it has subsequently been treated. The "-theism" suffix is deliberately absent.

Instead, it was a deliberate reversal of gnosticism, the religious movement that reached its apogee in the early Christian centuries, which emphasised a special knowledge from and about God. The word, according to Huxley, was "suggestively antithetic to the 'gnostic' of church history, who professed to know so much about the very things of which I was ignorant."

Somewhat ironically, Christianity was – and remains – rather anti-gnostic. Christ's mission was a public affair, open to all in society, even (especially) the poor, ignorant and marginalised; not some private revelation transmitted directly into the minds of learned mystics.

Accordingly, later New Testament letters appear to criticise early gnostic teaching, the canonical gospels are a world away from the gnostic ones of the second century, and church fathers, such as Tertullian and Irenaeus wrote keenly against the gnostics.

His historical inaccuracy aside, however, Huxley's point remained valid (as the word's rapid adoption testifies). A-gnosticism was originally a stance against certainty, against those who would admit no doubt, who believed their theism or atheism was incontrovertibly true, and that those who disagreed with them were either damned or irredeemable. In this it was not so much a position as an attitude, a stance of intellectual humility in the face of the most important questions of life; an adjective rather than a noun.

Whether it was an adjective that was appropriate to Huxley himself is somewhat questionable. His account of its creation is apologetic and emollient in a way that the man himself rarely was. Darwin's Bulldog was not known for his humility or uncertainty.

And that points us to a difficulty with agnosticism. Attitudes are fine but they need to be about something. Adjectives need nouns. If Huxley was indeed an agnostic, he was an agnostic atheist, tending away from the divine but unwilling (so he claimed) to be too dogmatic about it.

Thus understood, we all need a dash of agnosticism – of appropriate intellectual reserve in the face of the big questions. The dogmatic alternative, familiar to us as "fundamentalism", is neither appealing nor helpful.

But we should not imagine agnosticism is a complete and sufficient metaphysical position. The question is not simply whether you are an agnostic, but what kind of agnostic you are.

by Nick Spencer

reposted from:

http://www.guardian.co.uk/commentisfree/belief/2009/may/20/atheism-agnosticism-thomas-huxley