{"id":1237,"date":"2004-06-08T15:45:52","date_gmt":"2004-06-08T22:45:52","guid":{"rendered":"http:\/\/www.edgewiseblog.com\/mjh\/uncategorized\/remember-abu-ghraib\/"},"modified":"2004-06-08T15:45:52","modified_gmt":"2004-06-08T22:45:52","slug":"remember-abu-ghraib","status":"publish","type":"post","link":"https:\/\/www.edgewiseblog.com\/mjh\/nada\/dump-duhbya\/remember-abu-ghraib\/","title":{"rendered":"Remember Abu Ghraib?"},"content":{"rendered":"<blockquote><p>The CIA asked for it; Ashcroft&#8217;s department delivered it; White House counsel read it; Rumsfeld&#8217;s Pentagon reviewed it. Oh, but only &#8221;a few bad eggs&#8221; engaged in torture. <\/p>\n<p>The President of the United States can declare anyone an &#8221;enemy combatitant.&#8221; As such, you will be held incommunicado without any rights. You can be tortured and killed. Just what is Bush protecting us <i><b>from<\/b><\/i>? mjh<\/p><\/blockquote>\n<p><a title=\"Memo Offered Justification for Use of Torture (washingtonpost.com)\" href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/articles\/A23373-2004Jun7.html\">Memo Offered Justification for Use of Torture<\/a><br \/>\nJustice Dept. Gave Advice in 2002<br \/>\nBy Dana Priest and R. Jeffrey Smith<br \/>\nWashington Post Staff Writers<\/p>\n<p><b>In August 2002, the Justice Department advised the White House that torturing al Qaeda terrorists in captivity abroad &#8221;may be justified,&#8221;<\/b> and that international laws against torture &#8221;may be unconstitutional if applied to interrogations&#8221; conducted in President Bush&#8217;s war on terrorism, according to a newly obtained memo. [mjh: re-read this &#8212; ANTI-torture laws may be UN-constitutional.]<\/p>\n<p>If a government employee were to torture a suspect in captivity, &#8221;he would be doing so in order to prevent further attacks on the United States by the Al Qaeda terrorist network,&#8221; said the memo, from the Justice Department&#8217;s office of legal counsel, written in response to a CIA request for legal guidance. &#8230;<\/p>\n<p>The memo seems to counter the pre-Sept. 11, 2001, assumption that U.S. government personnel would never be permitted to torture captives. &#8230;<\/p>\n<p>[The memo] was later used in a March 2003 report by Pentagon lawyers assessing interrogation rules governing the Defense Department&#8217;s detention center at Guantanamo Bay, Cuba. At that time, Defense Secretary Donald H. Rumsfeld had asked the lawyers to examine the logistical, policy and legal issues associated with interrogation techniques. &#8230;<\/p>\n<p>[T]he 2002 and 2003 memos reflect the Bush administration&#8217;s desire to explore the limits on how far it could legally go in aggressively interrogating foreigners suspected of terrorism or of having information that could thwart future attacks. &#8230;<\/p>\n<p>&#8221;It is by leaps and bounds the worst thing I&#8217;ve seen since this whole Abu Ghraib scandal broke,&#8221; said Tom Malinowski of Human Rights Watch. &#8221;It appears that what <b>they were contemplating was the commission of war crimes and looking for ways to avoid legal accountability<\/b>. The effect is to throw out years of military doctrine and standards on interrogations.&#8221; &#8230;<\/p>\n<p>At the time, the Justice Department&#8217;s legal analysis, however, shocked some of the military lawyers who were involved in crafting the new guidelines, said senior defense officials and military lawyers.  &#8230;<\/p>\n<p>&#8221;It&#8217;s really unprecedented. For almost 30 years we&#8217;ve taught the Geneva Convention one way,&#8221;  said a senior military attorney. <b>&#8221;Once you start telling people it&#8217;s okay to break the law, there&#8217;s no telling where they might stop.&#8221;<\/b> <\/p>\n<p>A U.S. law enacted in 1994 bars torture by U.S. military personnel anywhere in the world. But the Pentagon group&#8217;s report, prepared under the supervision of General Counsel William J. Haynes II, said that &#8221;in order to respect <b>the President&#8217;s inherent constitutional authority<\/b> to manage a military campaign . . . [the prohibition against torture] must be construed as <b>inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority<\/b>.&#8221;<\/p>\n<p>The Pentagon group&#8217;s report, divulged yesterday by the Wall Street Journal and obtained by The Post, said further that the 1994 law barring torture &#8221;does not apply to the conduct of U.S. personnel&#8221; at Guantanamo Bay. <\/p>\n<p>It also said the <b>anti-torture law did apply to U.S. military interrogations that occurred outside U.S. &#8221;maritime and territorial jurisdiction,&#8221; such as in Iraq or Afghanistan<\/b>. But it said both Congress and the Justice Department would have difficulty enforcing the law <b>if U.S. military personnel could be shown to be acting as a result of presidential orders<\/b>.<\/p>\n<p><a href=\"http:\/\/www.mjhinton.com\/blogs\/archives\/00000026.htm\">mjh&#8217;s Weblog Entry &#8211; 02\/13\/2003: &#8220;Bush Endorses Assassination&#8221;<\/a><\/p>\n<p>President Bush in his 2003 State of the Union speech:<\/p>\n<p>&#8221;All told, more than 3,000 <i><b>suspected<\/b><\/i> terrorists have been arrested in many countries. And many others have met a different fate. <b>Let&#8217;s put it this way, they are no longer a problem<\/b> for the United States and our friends and allies.&#8221;<\/p>\n<blockquote><p>Please note the word &#8221;suspected.&#8221; In what used to be America, a suspect was presumed innocent until proven guilty. <b>Now, suspicion is a death sentence.<\/b><\/p><\/blockquote>\n<p>&#8221;One by one, the terrorists are learning the meaning of American justice.&#8221;<\/p>\n<blockquote><p>Aren&#8217;t we all. mjh<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The CIA asked for it; Ashcroft&#8217;s department delivered it; White House counsel read it; Rumsfeld&#8217;s Pentagon reviewed it. Oh, but only &#8221;a few bad eggs&#8221; engaged in torture. The President of the United States can declare anyone an &#8221;enemy combatitant.&#8221; As such, you will be held incommunicado without any rights. You can be tortured and &hellip; <a href=\"https:\/\/www.edgewiseblog.com\/mjh\/nada\/dump-duhbya\/remember-abu-ghraib\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Remember Abu Ghraib?<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-1237","post","type-post","status-publish","format-standard","hentry","category-dump-duhbya"],"_links":{"self":[{"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/posts\/1237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/comments?post=1237"}],"version-history":[{"count":0,"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/posts\/1237\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/media?parent=1237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/categories?post=1237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.edgewiseblog.com\/mjh\/wp-json\/wp\/v2\/tags?post=1237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}