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Formal Petition to Attorney General Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
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The Myth of AQI Fighting al-Qaeda in Iraq is the last big argument for keeping U.S. troops in the country. But the military´s estimation of the threat is alarmingly wrong. --By Andrew Tilghman
Sunday evening I spoke on a panel in Washington, D.C., about war crimes, and in walked a group of spirited activists led by Laurie Arbeiter wearing "Arrest Bush" sweatshirts and carrying "Arrest Bush" signs and they were absolutely dumfounded by what they had just experienced. They'd spent the day at the train station in D.C. and on the streets of D.C. as excited Obama celebrators poured in by the tens of thousands, and they'd been unable to walk a dozen steps without people stopping them to have their photo taken with an "Arrest Bush" sign.
It's worth remembering that Bush is approved by 22 percent of Americans and a smaller percentage of non-Americans. It's hard to get under 20 percent in any poll in this country. More people believe in UFOs than approve of Bush. The media meme that prosecuting Bush would cost Obama political capital has not been proven false, but it is absolutely baseless until someone produces something to base it on.
So we had a little strategy meeting Sunday night and produced hard copies of an already running petition asking Eric Holder to appoint a Special Prosecutor. We got clipboards and pens and identified teams. As I write this Monday morning we are preparing to gather at Dupont Circle for a rally at 11 a.m. followed by a march to the White House where we will throw shoes at the outgoing war criminal. On Tuesday we have a permit for the whole sidewalk in front of the FBI Building along the parade, and we'll let you in if you have a sign that says "Arrest Bush." No other ticket required. At these and many other events and all over the city in the next two days, we hope to add many thousands of new people to the petition and collect their contact information to integrate them into the movement to get tough on (the biggest) crime.
If you're not in DC, you can sign the petition yourself or print out a PDF to collect signatures in the real world at [http://convictbushcheney.org http://convictbushcheney.org] [reproduced below]
This is not a fantasy, boys and girls. The New York Times' Scott Shane and Attorney General Mukasey agree with me that prosecution is now going to be hard to avoid. When even Nancy Pelosi has figured out where we're going, you know the winds of change are blowing strong. That's the dangerous thing about telling people that anything is possible: they'll end up insisting on what they really want. And they want lots of new laws, but they very dearly want us to start enforcing the old ones too.
Click to sign the petition to Attorney General designate Eric Holder:
Dear Attorney General-Designate Eric Holder,
We the undersigned citizens of the United States hereby formally petition you to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes. CLICK TO SIGN:
Collect signatures in the real world by printing out this PDF.
Please also phone the Office of the Attorney General at 202-353-1555.
First let me say that we want Eric Holder confirmed as Attorney General. We want him confirmed because of statements like this...
Washington, D.C. -- Eric H. Holder Jr., Deputy Attorney General during the Clinton administration, asserted in a speech to the American Constitution Society (ACS) that the United States must reverse "the disastrous course" set by the Bush administration in the struggle against terrorism by closing the detention center at Guantanamo Bay, declaring without qualification that the U.S. does not torture people, ending the practice of transferring individuals involuntarily to countries that engage in torture and ceasing warrantless domestic surveillance.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
We want the man who said those words to be our next Attorney General. Because in truth and in a logical world the best way, perhaps the only way, to "reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights".....is to investigate and then prosecute those who have criminally destroyed that standing. They destroyed it by using torture.
For those of you still on the fence as to whether the Bush Administration engaged in actual torture as opposed to merely "Enhanced Interrogation," I offer this statement released today by a Bush appointee.
The top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial has concluded that the U.S. military tortured a Saudi national who allegedly planned to participate in the Sept. 11, 2001, attacks, interrogating him with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, leaving him in a "life-threatening condition."
"We tortured [Mohammed al-]Qahtani," said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. "His treatment met the legal definition of torture."
One of the arguments made in defense of the Bush Administrations official policy of torture that first surfaced at Abu Ghraib is that it was "a few bad apples."
In an interview with Brit Hume that aired today on Fox News Sunday, President Bush admitted that he personally authorized the torture of 9/11 mastermind Khalid Sheikh Mohammed. He said he personally asked "what tools" were available to use on him, and sought legal approval for waterboarding him:
BUSH: One such person who gave us information was Khalid Sheikh Mohammed. ... And I'm in the Oval Office and I am told that we have captured Khalid Sheikh Mohammed and the professionals believe he has information necessary to secure the country. So I ask what tools are available for us to find information from him and they gave me a list of tools, and I said are these tools deemed to be legal? And so we got legal opinions before any decision was made.
KARL: Did you authorize the tactics that were used against Khalid Sheikh Mohammed?
All of their false claims of legality come from one source, their own pet lawyers. Much of whose legal "work" has already been destroyed by the Supreme Court. Their only claim to legality comes from complicit lawyers in the White House and in the now famously corrupt and politicized Department of Justice.
The Department of Justice that Eric Holder has now been nominated to lead.
A Department of Justice that should, unlike the DOJ under Bush, be independent of political concerns. As Obama himself acknowledges..
OBAMA: What I -- I think my general view when it comes to my attorney general is he is the people's lawyer. Eric Holder's been nominated. ...His job is to uphold the Constitution and look after the interests of the American people, not to be swayed by my day-to-day politics. So, ultimately, he's going to be making some calls....
The Attorney General does NOT, unlike the DOJ under Bush, work for the President. He works for The People of the United States. And he works for justice. Non-partisan, non-politicized justice, with no other agenda other than serving justice and representing the legal interests of the American people.
In a logical sane and rational world....a non-politicized world....AG Holder's task would be clear cut. A "slam dunk" if you will.
House Judiciary Committee Chairman John Conyers has just released a 487 page report (NOTE: pdf file) whose table of contents clearly spells out what must be on AG Holders agenda in both reforming the DOJ and to effectively "reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights.":
Hiring and Firing of U.S. Attorneys and other Department Personnel Selective Prosecution Politicization of the Prosecution Function Politicization of the Civil Rights Division and Voting Rights Enforcement Detention Enhanced Interrogation Ghosting and Black Sites Extraordinary Rendition Warrantless Domestic Surveillance National Security Letters (NSLs) and Exigent Letters Use of Signing Statements Midnight Rulemaking The Leak of Valerie Plame Wilson's Covert CIA Identity Improper Use of State Secrets and Other Authorities Manipulation and Misuse of Intelligence
All of these charges have been well documented and backed up with evidence. In addition to the admissions by Bush and Cheney of authorizing an entire network of torture and torture facilities. There is no question that crimes have been committed. The only questions left are what to do about it....and if we can overcome the politics that surround and protect the Bush Administration's crimes.
We The People want Eric Holder confirmed as the next Attorney General of the United States.
IF Attorney General Holder will uphold his statements of principle. Especially as to his objections to "Our needlessly abusive and unlawful practices in the 'War on Terror'"
However, thanks to the efforts of George Bush, Dick Cheney, Rumsfeld, Addington, Yoo and Bybee....we do NOT live in a logical sane and rational world, a non-politicized world. They have succeeded, so far, in muddying what should be crystal clear water. The evidence is there. Will we as a people and a country under the Rule of Law ignore it?
Due to politics and separate from any question of law, AG Designate Holder may not be able to directly come out at the confirmation hearings and state that he will even investigate these crimes, but he must be asked the question. In the muddied waters of our current political environment it would be political suicide to directly state that he will pursue justice. How low we as a nation have sunk into those muddy waters when the chief law enforcement officer of the United States of America must not, for purely political reasons, openly state that he will pursue criminals.
"Will you appoint a Special Prosecutor -- ideally Patrick Fitzgerald -- to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping,"
There is an internet campaign by The Center for Constitutional Rights and by The Pen urging us to call (800-828-0498 or 800-473-6711 ) the following Senators and urge them to ask that question:
We have in Eric Holders confirmation hearing a chance to make our voices heard even more in this quest for accountability. Please take this opportunity to add your voice.
We do NOT want to torpedo Eric Holders chances of becoming Attorney General. But we DO want to make sure he lives up to his statements and principles. Please take this opportunity to let the Senators on the Judiciary Committee and AG designate Holder know that you support the appointment of a Special Prosecutor to investigate the crimes of the Bush Administration.
Sign the petition, call the above Senators and your own representatives, and make your voice, and the voices of your fellow citizens, heard.
And in the naked light I saw Ten thousand people, maybe more. People talking without speaking, People hearing without listening, People writing songs that voices never share And no one dared Disturb the sound of silence.
Fools said I, you do not know Silence like a cancer grows. Hear my words that I might teach you, Take my arms that I might reach you. But my words like silent raindrops fell, And echoed In the wells of silence
Here are the rules.
The other day George Will, of all people, was comparing Obama refusing to prosecute Bush and Cheney to Ford pardoning Nixon.
If a far right crazed wingnut can get it right, why can’t the rest of us?
This comparison is one that we can use to good effect, but only if we do it continuously and loudly.
A friend of mine a couple of days ago, a nearly unquestioning Obama supporter, said to me, and I quote:
No argument from me. Ford should have been stood against the wall and shot for that pardon. Nixon cooling his heels in the clink for a few years would have prevented this mess, no doubt.
Ford's pardon of Nixon was the beginning of the end of any hope Ford had of being politically effective, and absolutely killed his future chances for reelection.
So let's see... if Obama doesn't want a political blood bath that might define his first term as him being a bush enabler and a torture excuser and might drown him, then he'll tell Holder to appoint a Special Prosecutor, and answer Fertik's question directly himself, instead of hiding behind excuses and Joe Biden, since according to Biden it is not the job of the president or the vice president, but of the Justice department.
Ford's pardon of Nixon killed Ford politically, and not prosecuting Bush and Cheney has to kill Obama politically.
There has to be a political price to pay for not doing it, or he will not do it. Why would he, if there is no price to pay for not doing it and the price for doing it is high?
With things like the petition, Fertik's insistent embarrasing questioning, people like Ari Melber doing their best to force the issue into the media, people need to force the price for not doing it so high that Obama and Holder cannot ignore it.
People did it to Ford. If people are willing to let Obama slide on this, then there is no reason Obama will not let Bush and Cheney slide on torture and war crimes.
It's not up to Obama. It's up to us. It's up to me. It's up to you.
If Obama were to announce right now that he was going to prosecute those who engaged in torture and war crimes, I understand it could trigger a rash of unwanted pardons before Bush left office and therefore it's smart for him to hold his cards close.
But the reason that's being given for not pursuing prosecutions makes little sense:
"My orientation's going to be to move forward," Obama said. The attorney general has to stay above politics and "uphold the Constitution," Obama added, but his administration will focus on "getting things right in the future as opposed to looking at what we got wrong in the past."
Any decision to not pursue those who broke the law is in no way "above politics" -- and if we were going to apply this principle across the board, it would have as Ari Melber notes rather strange implications:
No one argues against prosecuting Bernie Madoff so that the Justice Department can focus on fixing the economy, going forward. In fact, faithfully and uniformly enforcing the law is crucial to "getting things right in the future." Any deterrence produced via criminal sanction is undermined when future, potential offenders see that a law is not actually enforced. People are more likely to follow the law when they see that breaking it carries consequences. This is such a basic foundation of our criminal system, justified by the elemental rationales of deterrence and retribution, it is quite hard to imagine that so many seasoned attorneys and Washington journalists honestly believe that the best way "forward" is to undermine deterrence and the rule of law.
Obama decision to appoint Eric Holder and Leon Panetta, who have made strong statements against torture, does indeed imply that he intends to "get it right" going forward.
But it is disconcerting that, as Glenn Greenwald observes, Obama indicated yesterday he is looking for a way to set up a system outside the courts where evidence obtained by torture can be used against Guantanamo detainees.
Glenn discusses Obama's interview with George Stephanopolous:
What he's saying is quite clear. There are detainees who the U.S. may not be able to convict in a court of law. Why not? Because the evidence that we believe establishes their guilt was obtained by torture, and it is therefore likely inadmissible in our courts (torture-obtained evidence is inadmissible in all courts in the civilized world; one might say it's a defining attribute of being civilized). But Obama wants to detain them anyway -- even though we can't convict them of anything in our courts of law. So before he can close Guantanamo, he wants a new, special court to be created -- presumably by an act of Congress -- where evidence obtained by torture (confessions and the like) can be used to justify someone's detention and where, presumably, other safeguards are abolished. That's what he means when he refers to "creating a process."
The synergy between right-wing fans of 24 who think torture is cool, members of the Bush administration who carried it out and the DC chattering class who mainstreamed it has created a climate where the political threat of directly dealing with the legacy of torture looms large.
Don't expect me to or even ask me to tell you why you should sign the petition.
You already know why you should sign the petition. You don't need me or anyone else to tell you why you should sign the petition.
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
Signing the petition drafted by budhydharma and Docudharma is not in defiance of our President-Elect Obama, but rather a sign of support for the difficult times that he and Holder will face when performing their clear constitutional duties.
As President, Obama will have the constitutional duty to faithfully execute our laws.
The constitutional oath of office will require President Obama to faithfully execute the office of President and preserve, protect and defend our Constitution. Our constitution also requires that our presidents "shall take care that the laws be faithfully executed." The principle of the rule of law is partially based on this Faithfully Execute clause which requires our President to comply with laws, our Constitution and treaties because our Constitution established a government of laws, not of men and women.
The Geneva Convention is one of the laws which must be faithfully executed.
Our constitution mandates that treaties are one of the laws that the President must faithfully execute. Moreover, treaties are recognized as one of our supreme laws of the land alongside our Constitution and federal laws. For over 200 years, the federal courts have reaffirmed that our President is bound by the laws of war, which include conventions. In fact, both Hamdi v. Rumsfeld (2004) and Hamdan v. Rumsfeld (2006)addressed issues of whether the US government was violating the terms of the 1949 Geneva Convention. Yet, some will whine that it is partisan to not exempt Bush from 200 years of precedent that governed presidents from both parties.
The Geneva Convention imposes a duty to prosecute former presidents who committed war crimes.
You already have your own reasons why you should sign the petition.
All the reasons that built up, piled one on top of the other for that past eight years as these criminals hijacked the country, dismantled the constitution and the rule of law, made their criminal friends fabulously wealthy, were directly responsible for the deaths of more than a million Iraqis in an illegal and immoral invasion and occupation, destroyed the global economy, wrecked America's reputation around the world, and called you a traitor when you cried foul and set up schemes to spy on you and intimidate you into silence.
And tortured people in your name. Tortured people. In your name. Tortured people with the blackest, most heinous and most evil torture methods known to humanity. Tortured people with methods that America has pressed war criminal charges against other countries citizens for using. Tortured people with the most sadistic and evil methods the Spanish Inquisition and more recently the Khmer Rouge made a regular habit of using as an oppression tool. Tortured people with methods that have been universally condemned and outlawed by virtually every country and society on earth.
You already know. You already know all of your own reasons why you should sign the petition.
On December 30, 2008 I wrote here about Ari Melber helping to push the petition and public awareness of Bob Fertik's great efforts at forcing the demand for a Special Prosecutor to investigate and prosecute Bush administration war crimes to the top of the list of questions for Barack Obama at change.gov, under Additional Issues. At the time Ari had written a great article for The Nation, which was also published at Huffington post, about Obama's Open For Questions invitation for citizen input.
Ari Melber is The Nation's Net Movement correspondent and a writer for the online magazine's blog State Of Change. Ari's own website is www.arimelber.com.
Well, that wasn't a one shot effort on Ari's part, and he emailed me on Thursday to let me know that he's been at it again, continuing his push as Net Movement correspondent with another article on Thursday at The Nation, Torture Prosecutor Tops 70,000 Questions for Obama on Change.Gov. His article was also graciously showcased again by Arianna Huffington at Huffington Post, yesterday.
Since all of that happened several more progressive bloggers including Digby and David Swanson have picked up on the story and it's been spreading, finally prompting even the New York Times to relent and write about it, as Ari explains in his article below.
We're getting somewhere folks, inch by groaning inch, but we are making an impact!
A whopping 70,000 questions poured into Change.gov over the past week, in response to the Obama transition team's call for citizen queries to the President-Elect. After votes from about 100,000 people, the top ranked question asks Obama whether he will appoint a special prosecutor to investigate allegations of torture and illegal surveillance by the U.S. government.
I've been working with activist Bob Fertik to organize support for the question, and severalprogressivebloggersurged readers and Obama supporters to vote for it last week. Digby, who has written extensively about the Bush administration's abuse of the rule of law, recently reported on the progress:
I wrote a post about [an] initiative spearheaded by Ari Melber of The Nation and Democrats.com to ask President-elect Obama if he will appoint a special prosecutor to investigate war crimes in the Bush administration over at Change.gov. (In a previous round, it was the sixth most asked question...) This time, through their efforts, it's number one. This is particularly important, since the press has only asked Obama about this one time, last April. And a lot has happened since then, most obviously the fact that Vice President is all over television admitting to war crimes as if he's proud of it.
[T]he number one submission on the popular "Open for Questions" portion of the site might seem more than a little impolitic to [President Bush]: "Will you appoint a Special Prosecutor -- ideally Patrick Fitzgerald -- to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping," wrote Bob Fertik of New York, who runs the Web site, Democrats.com.
Though the Obama team has promised to answer some of the top questions as early as this week, they have not said whether they will respond to Mr. Fertik's, which has received more than 22,000 votes since the second round of the question-and-answer feature began on Dec. 30. The site logged more than 1.5 million votes for 20,000-plus questions... The second highest-ranked submission, which is about oversight of the nation's banking industry, is several thousand of votes behind the query about a special prosecutor. Mr. Fertik's question has been pushed to the top, in part, by a coalition of liberal bloggers...
The national press corps has not raised this issue with Obama since his victory. (When it surfaced in April, Obama said he would order his attorney general to "immediately review" the potential crimes.) And while the leading question in the last Change.gov forum was dispatched breezily -- Will you legalize marijuana? No. -- this one is far more challenging, both substantively and politically.
The Times notes that Obama's team has "not said" whether it will even answer Fertik's question, though ignoring the question that came in first out of 74,000 would turn this exercise into a farce. A terse, evasive answer would be similarly unacceptable. After all, there would be little point in this online dialogue if it reiterates things we already know, (Obama is not in N.O.R.M.L.), and refuses to provide new information.
That's why this may be the first big test for Change.gov as a genuinely interactive dialogue.
Thousands of Americans are asking whether President Obama will order an independent investigation to ensure our laws are enforced -- in an era when powerful people in government have engaged in criminal conduct and relentlessly tried to make their behavior off limits for media and political discussion. We expect a "yes," "no" or detailed explanation of how and when Obama and his aides will make this decision. Time is running out, of course, because the question must be answered, for Congress and the public, before Eric Holder's confirmation hearing. He must explain how he will restore independence, professionalism and the rule of law to a Justice Department that politicized U.S. attorneys and covered up torture and warrantless surveillance.
Law professor Jonathan Turley, a nonpartisan legal analyst who testified before Congress in favor of President Clinton's impeachment, recently explained that Holder simply should not be confirmed if he is not prepared to enforce the laws banning torture. "Eric Holder should be asked the same question that Mukasey refused to answer in his confirmation hearing: is waterboarding a crime?" Professor Turley stated. "If he refuses to answer or denies that it is a crime, he should not be confirmed. If he admits that it is a crime, he should order a criminal investigation." According to Change.gov, the crowds agree with the experts on this one.
Don't expect me to or even ask me to tell you why you should sign the petition.
You already know why you should sign the petition. You don't need me or anyone else to tell you why you should sign the petition.
Click the Badge to read and sign the Formal Petition to Attorney General-Designate Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
Click "Get Badge" to get the html code and post the badge on your blog or website so other people can find and sign the petition too.
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
Signing the petition drafted by budhydharma and Docudharma is not in defiance of our President-Elect Obama, but rather a sign of support for the difficult times that he and Holder will face when performing their clear constitutional duties.
As President, Obama will have the constitutional duty to faithfully execute our laws.
The constitutional oath of office will require President Obama to faithfully execute the office of President and preserve, protect and defend our Constitution. Our constitution also requires that our presidents "shall take care that the laws be faithfully executed." The principle of the rule of law is partially based on this Faithfully Execute clause which requires our President to comply with laws, our Constitution and treaties because our Constitution established a government of laws, not of men and women.
The Geneva Convention is one of the laws which must be faithfully executed.
Our constitution mandates that treaties are one of the laws that the President must faithfully execute. Moreover, treaties are recognized as one of our supreme laws of the land alongside our Constitution and federal laws. For over 200 years, the federal courts have reaffirmed that our President is bound by the laws of war, which include conventions. In fact, both Hamdi v. Rumsfeld (2004) and Hamdan v. Rumsfeld (2006)addressed issues of whether the US government was violating the terms of the 1949 Geneva Convention. Yet, some will whine that it is partisan to not exempt Bush from 200 years of precedent that governed presidents from both parties.
The Geneva Convention imposes a duty to prosecute former presidents who committed war crimes.
You already have your own reasons why you should sign the petition.
All the reasons that built up, piled one on top of the other for that past eight years as these criminals hijacked the country, dismantled the constitution and the rule of law, made their criminal friends fabulously wealthy, were directly responsible for the deaths of more than a million Iraqis in an illegal and immoral invasion and occupation, destroyed the global economy, wrecked America's reputation around the world, and called you a traitor when you cried foul and set up schemes to spy on you and intimidate you into silence.
And tortured people in your name. Tortured people. In your name. Tortured people with the blackest, most heinous and most evil torture methods known to humanity. Tortured people with methods that America has pressed war criminal charges against other countries citizens for using. Tortured people with the most sadistic and evil methods the Spanish Inquisition and more recently the Khmer Rouge made a regular habit of using as an oppression tool. Tortured people with methods that have been universally condemned and outlawed by virtually every country and society on earth.
You already know. You already know all of your own reasons why you should sign the petition.
I am sick to death of all the pussyfooting around the subject that has occupied the media for the duration of this premeditated, illegal war of terror that we the people of the United States have allowed to be waged against the people of Iraq, in our name, for the last several years.
No matter how much lipstick and rouge we smear on the face of this war no matter how we attempt to dress up the evil and bestial acts that have been performed in its unholy name, it still has the hideous countenance of an evil swine from hell.
It is an illegal war, begun and conducted under false pretenses, by a group of criminal liars and thieves in the United States Government, abetted by a cowardly congress who abrogated their constitutional duties in exchange for hundreds of millions of dollars in campaign funds and furthered by a complaisant press that ignored their obligation to remain independent from government, from their sponsors and report the facts.
The members of the completely rogue executive department acted in their own self interest in a quest for personal power and wealth, in concert with the usual domestic and international corporate pirates who, in the depths of their insatiable greed, continually amplify human conflict to their own ends and bring poverty, war, suffering and death down upon the world.
There is no such animal as extraordinary rendition, nor do I know of the existence of any beasts called enhanced interrogation methods.
The first is kidnapping, it is illegal, a felony and the second word is torture, its meaning is clear:
NOUN: 1. Infliction of severe physical pain as a means of punishment or coercion. 2. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony: the torture of waiting in suspense. 3. Something causing severe pain or anguish.
Torture is illegal in this country, a felonious act, it is illegal in the world at large, according to several conventions that we are legally bound by. Anyone committing torture, causing it to be committed, directing its commission, or training others in its techniques is guilty, guilty of war crimes, of crimes against humanity and crimes against "Nature's God.
Tens of thousands of people have signed the Petition for a Special Prosecutor for Bush War Crimes so far since we launched it on December 18, 2008, and Bob Fertiks "question" to Obama and the transition team at change.govunder "Additional Issues" is now is the lead question it its category.
"Will you appoint a Special Prosecutor [...] to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?"
Why aren't there 13 million signatures on the petition instead of just 13 thousand? Mainstream media is avoiding this issue like it's leprosy. I would hope left blogs wouldn't.
We need to force this issue into the media. We need to beat this issue into the heads of leaders, both current and incoming, in Washington.
International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. The prohibition applies to the United States during times of peace, armed conflict, or a state of emergency. Any person, whether a U.S. national or a non-citizen, is protected. It is irrelevant whether the detainee is determined to be a prisoner-of-war, a protected person, or a so-called "security detainee" or "unlawful combatant." And the prohibition is in effect within the territory of the United States or any place anywhere U.S. authorities have control over a person. In short, the prohibition against torture and ill-treatment is absolute. ... A federal anti-torture statute (18 U.S.C. § 2340A), enacted in 1994, provides for the prosecution of a U.S. national or anyone present in the United States who, while outside the U.S., commits or attempts to commit torture.
Torture is defined as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." A person found guilty under the act can be incarcerated for up to 20 years or receive the death penalty if the torture results in the victim's death.
After January 20, 2009 there will be a new Attorney General of the United States, and Eric Holder Jr. will most likely be confirmed as that new Attorney general.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
If Mr. Holder, when he becomes Attorney General, is to live up to his own statements and retain the personal and professional integrity he has displayed in his law career thus far, and not by acts of omission become an accessory along with Mr. Mukasey and Ms. Pelosi to the crimes of Bush, Cheney and others in the Bush administration, he will have no choice but to accept the demands of the thousands of US citizens who have signed the Docudharma/Democrats.com Citizens Petition for a Special Prosecutor to investigate and prosecute Bush administration war crimes.
If he will not, Mr. Holder runs the risk of throwing away a lifetime of work in a so far illustrious career and all of his personal and professional integrity and becoming a fugitive with Mr. Mukasey and an accessory to these crimes along with and no better than the perpetrators and other conspirators.
Given his professional record, I have every confidence that Mr. Holder, as soon to be Attorney General of the United States, realizes that he can make no other choice than to do the right thing.
Mr. Holder knows. As Attorney General he will wear the badge as the highest ranking officer of justice in the United States.
He will have his own integrity on the line.
Mr. Holder knows that like any other accused criminals, Bush and Cheney deserve fair trials.
And Mr. Holder knows that failing to give them those fair trials would be convicting himself.
There must be war crimes investigations, prosecutions and trials. And sentencing.
There was a fever over the land, a fever of disgrace, of indignity, of hunger. We had a democracy, yes, but it was torn by elements within. Above all there was fear, fear of today, fear of tomorrow, fear of our neighbors, and fear of ourselves. Only when you understand that can you understand what Hitler meant to us, because he said to us:
"Lift your heads. Be proud to be German. There are devils among us, communists, liberals, Jews, gypsies. Once these devils will be destroyed your misery will be destroyed."
It was the old, old story of the sacrificial lamb.
What about those of us who knew better, we who knew the words were lies and worse than lies? Why did we sit silent? Why did we take part? Because we loved our country. What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later. Hitler himself will be discarded -- sooner or later. The country is in danger. We will march out of the shadows! We will go forward. FORWARD is the great password.
And history tells how well we succeeded, Your Honor. We succeeded beyond out wildest dreams. The very elements of hate and power about Hitler that mesmerized Germany, mesmerized the world. We found ourselves with sudden powerful allies. Things that had been denied to us as a democracy were open to us now. The world said, "Go ahead. Take it. Take it! Take Sudetenland! Take the Rhineland! Re-militarize it! Take all of Austria! Take it!"
And then, one day we looked around and found that we were in an even more terrible danger. The ritual begun in this courtroom swept over the land like a raging, roaring disease. What was going to be a "passing phase" had become the way of life.
The trial conducted before this Tribunal began over eight months ago. The record of evidence is more than ten thousand pages long, and final arguments of counsel have been concluded.
Simple murders and atrocities do not constitute the gravamen of the charges in this indictment. Rather, the charge is that of conscious participation in a nationwide, government organized system of cruelty and injustice in violation of every moral and legal principle known to all civilized nations. The Tribunal has carefully studied the record and found therein abundant evidence to support beyond a reasonable doubt the charges against these defendants.
The Power of One by Nightprowlkitty, Docudharma, December 26, 2008
Give Bush and Cheney a fair trial -- something they have not bothered with since they stole office.
It's funny how the powers that be in the media and government are running around with their big fat excuses as to why we can't hold these criminals accountable for their crimes. It all boils down to "It's too hard!!!"
It's too hard. It would affect too many people. It would interfere with the crucial work of restoring our economy. Blah blah blah. Not one of these folks say, however, that no crime has been committed, no law has been broken. No one says that.
I find that stunning. We all know, at least those of us who have been paying attention, that Bush and his crew of crooks have broken the law over and over again.
And Cheney says "What you gonna do about it?" And Cheney says "oh, the Dems knew about this and approved it, hell they wanted us to be even tougher than we were!"
And we should believe Cheney ... why?
I don't want speculation any more. I want the truth, the facts, what really happened. Only a special prosecutor can get that information, someone who is inured to the politics of Washington D.C. by being given the independent power to investigate.
What I like about this petition is that it shows the power of the individual citizen. This is not a grassroots effort decided by committee. A couple of folks got together and came up with the text and others jumped in to work further on it and spread it around.
The power of the individual citizen.
I am extremely annoyed at the argument that we citizens are somehow childlike creatures who don't know all the real problems of our country and so we shouldn't cry and whine about our "pet issues" when the government knows so much more about what is important and should be made a priority.
Bleh.
We ARE the government. The only people who will take back power as citizens, are citizens! That's us.
To me, Obama's election is a signal that we can now start taking back that individual power, our individual rights. It's not for Obama or any elected representative to tell me what I should make a priority. I get to decide that for myself. They'll do their jobs, and I'll do mine.
The measure of our success with this petititon will be the resistance from the powers that be, the Dems, the Repubs, Obama, the media. The more we read about how this is not a good idea, getting a special prosecutor, the more we'll know we have them on the run.
Many of us have sent this petition to friends and family, whether they be politically agreeable to us or not. One by one people will sign. This isn't "organized" grassroots and it's netroots only insofar as the structure.
To me, this is about the power of each indviidual citizen, not resting happy with the decisions of our elected representatives but standing up for what we feel is right and making our voices heard.
We need to know the truth about the crimes committed in our names. We need to have every American citizen aware of what has been done so there can be no denials or excuses.
At this time, the only line between tyranny and freedom is an informed citizenry. By signing this petition and working to make it known we will not accept anything less than full accountability for torture being done in our name, we are exercising our power, not the power one step removed of the three branches of government.
We have power collectively and we also have power individually. I think the citizenry of this country are going to be tested enormously as we have to let our representatives know we are not asking for favors on our "pet causes" but taking our government back, of, by and for the people.
"The Fifth, Eighth, and Fourteenth Amendements to the Constitution of the United States prohibit cruel, inhumane or degrading treatment."
With that sentence begins the documentary film "Torturing Democracy", a documentary to be aired on PBS television stations nationwide on January 21st, 2009, one day after President Bush leaves office.
One day after President Bush leaves office will be the first day of President-Elect Barack Obama's new administration.
Between today and that day, we have a date with Attorney General-Designate Eric Holder and President-Elect Barack Obama. Everyday.
As netizens reading this at the founding site of the Citizens Petition for a Special Prosecutor to Investigate and Prosecute Bush War Crimes we have a date every day with those two men as we work to generate as many signatures to the petition that we can possibly generate to bring the war criminals in the Bush administration to justice. Principally Mr. Bush himself, Vice President Richard Cheney, and former Defense Secretary Donald Rumsfeld. They were the leaders. The instigators. And the approvers. But there are many others as well, and they all deserve fair trials. it is the very least we can do for them, and for the world.
These crimes are being euphemistically referred to as "abusive interrogation techniques" by such respected figures as Senator John McCain. These are euphemisms for torture. Torture is a War Crime. Waterboarding is a War Crime. The CIA has admitted waterboarding detainees. Recently, Vice President Cheney has brazenly admitted authorizing the program that led to waterboarding, other forms of torture too numerous to list, and ultimately, the deaths by homicide of detainees.
As is often the case, we are because of our insatiable interest, curiosity and determination to be as well informed as we can be, much farther ahead of the millions of people who will see Torturing Democracy on January 21st, 2009.
Before the PBS broadcast the documentary in its entirety can be viewed at TorturingDemocracy.org
The following video is the first eight and a half minutes of the full documentary. Watch the rest at the link above.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
He needs to be held to his word. His President will need to hold him to his word. And we need to hold Mr. Obama to his words.
"Democracy" has been tortured long enough.
It's time for people like everyone here to be the cause of "Change you can believe in."
Attorney General Michael Mukasey since his appointment by George Bush, as have previous members of the Bush administration such as Alberto Gonzales, and other enablers such as House Speaker Nancy Pelosi, has waffled, spun, twisted in the wind, squirmed, sweated, excused, equivocated, denied reality and otherwise insulted Americans and the entire world as evidence of torture ordered at the highest levels of the Bush administration has piled ever higher and higher.
No better than the public enemies he is protecting, Mr. Mukasey, like Ms. Pelosi, has become no better than a getaway car driver, no better than a fugitive from justice.
Torture is well defined, immoral, and illegal, in violation of international law, US law, and international treaties. There is no more heinous and downright evil and dehumanizing crime in the history of humanity than torture.
Any person guilty of torture under current US law can be incarcerated for up to 20 years or receive the death penalty if the torture results in the victim's death.
Mr. Mukasey, while holding office as the highest ranking officer of justice in the United States, is nothing more than an accessory to the crimes that George Bush, Dick Cheney and others have flagrantly engaged in.
Last week outgoing US Vice-President Dick Cheney made a series of remarkable comments in his exclusive interview with ABC attempting to save himself from prison with a blatant plea for pardon from his co-conspirator George Bush.
Michael Ratner, President of the Center for Constitutional Rights (CCR), explains Cheney's motives in a video interview with Real News CEO Paul Jay...
Cheney admitted to playing a role in the authorization of the use of waterboarding and other 'aggressive interrogation techniques', defended the decision to listen-in on domestic phone calls, and essentially provided broad approval for all the actions taken by his government over his tenure.
In the first part of our interview with Michael Ratner, Michael gives his analysis of both the significance of the interview, and what he believes are Cheney's motivations for such an uncharacteristic offering of information from the notoriously secretive VP.
Real News: December 22, 2008 - 8 min 23 sec Why did Cheney confess on national television? Michael Ratner: Cheney's admission of guilt is a plea for a presidential pardon Pt1/2
Michael Ratner is President of the Center for Constitutional Rights (CCR) in New York. He has taught at Yale Law School, lectured at Columbia Law School, and was President of the National Lawyers Guild.
After January 20, 2009 there will be a new Attorney General of the United States, and Eric Holder Jr. will most likely be confirmed as that new Attorney general.
"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."
Eric Holder, Jr. Photo: Leslie E. Kossoff/AP
If Mr. Holder, when he becomes Attorney General, is to live up to his own statements and retain the personal and professional integrity he has displayed in his law career thus far, and not by acts of omission become an accessory along with Mr. Mukasey and Ms. Pelosi to the crimes of Bush, Cheney and others in the Bush administration, he will have no choice but to accept the demands of the thousands of US citizens who have signed the Docudharma/Democrats.com Citizens Petition for a Special Prosecutor to investigate and prosecute Bush administration war crimes.
If he will not, Mr. Holder runs the risk of throwing away a lifetime of work in a so far illustrious career and all of his personal and professional integrity and becoming a fugitive with Mr. Mukasey and an accessory to these crimes along with and no better than the perpetrators and other conspirators.
Given his professional record, I have every confidence that Mr. Holder, as soon to be Attorney General of the United States, realizes that he can make no other choice than to do the right thing.
Mr. Holder knows. As Attorney General he will wear the badge as the highest ranking officer of justice in the United States.
He will have his own integrity on the line.
Mr. Holder knows that like any other accused criminals, Bush and Cheney deserve fair trials.
And Mr. Holder knows that failing to give them those fair trials would be convicting himself.
The petition was initially set up to relay every signer to Mr. Holders public e-mail address. Since it's formal launch yesterday, we are now at 1085 signers and growing. In response to AG Designates Holder's response, we have stopped sending him each signature and comment that appears on the petition and are now collecting all names and comments for eventual submission to AG Designate Holder, the media and members of Congress.
We have since asked Mr. Holder for a formal statement on the petition. We await it eagerly! But we now know that he is aware of the petition, aware of our concerns, and aware that there is a citizens movement aimed at bring Bushco to justice. In other words...it is working!
President-Elect Barack Obama announced on December 1 that he has nominated Eric H. Holder, Jr. to serve as Attorney General, to take over the running of The Department of Justice in Obama's incoming administration from current AG Michael Mukasey.
Mr. Mukasey since his appointment as Attorney General, like all representatives of Mr. Bush have done, has waffled, spun, twisted in the wind, squirmed, sweated, excused, equivocated, and otherwise bullshitted America and the world as George Bush's acolyte under hot lights and pointed interrogations from Congress over evidence of torture ordered at the highest levels of the Bush administration, the president and vice president, that the least informed people in the world all know is well defined, immoral, and illegal under international law, US law, and international treaties. (see addendum)
Mr. Holder is the target of the new Docudharma/Democrats.com sponsored Citizens Petition for a Special Prosecutor to Investigate Bush War Crimes. Don't forget to sign the petition if you haven't already.
Who is Eric Holder? What are his views and philosophy on the questions of torture, war crimes, secret prisons hidden away from the rule of law, and Bush's "war on terror"?
What can we expect his reactions to be to the petition? We have only his own words and background to look to for clues.
Mr. Holder is a litigation partner who handles, among other matters, complex civil and criminal cases, domestic and international advisory matters and internal corporate investigations.
During his professional career, Mr. Holder has held a number of significant positions in government. Upon graduating from Columbia Law School, he moved to Washington, DC and joined the Department of Justice as part of the Attorney General's Honors Program. He was assigned to the newly formed Public Integrity Section in 1976 and was tasked to investigate and prosecute official corruption on the local, state and federal levels. ... In 1997, President Clinton appointed Mr. Holder to serve as Deputy Attorney General, the number two position in the United States Department of Justice. He became the first African-American to serve as Deputy Attorney General. Mr. Holder briefly served under President Bush as Acting Attorney General pending the confirmation of Attorney General John Ashcroft.
As Deputy Attorney General, Mr. Holder supervised all of the Department's litigating, enforcement, and administrative components in both civil and criminal matters
Sharon, aka Conchita, has two or three times in the past day or so posted a link in comments at DD to video of Mr. Holder speaking on Friday June 13th this year to the American Constitution Society for Law and Policy, but that link is to an unembeddable windows media player video stream that takes forever in online time to load.
The speech, and Mr. Holder's tone, comportment, and obvious high intelligence displayed in it, are very confidence inspiring, unlike Mr. Mukasey's dissembling. I did a little digging around for an embeddable version so everyone could see and hear what Holder had to say on the same questions that make Mr. Mukasey's eyes dart around in a frantic search for safe ground while he sweats and squirms and squeals like a stuck pig writhing on the end of a sharp stick.
A release from The ACS (via Mark Halperin's The Page at Time.com) says that:
Washington, D.C. -- Eric H. Holder Jr., Deputy Attorney General during the Clinton administration, asserted in a speech to the American Constitution Society (ACS) that the United States must reverse “the disastrous course” set by the Bush administration in the struggle against terrorism by closing the detention center at Guantanamo Bay, declaring without qualification that the U.S. does not torture people, ending the practice of transferring individuals involuntarily to countries that engage in torture and ceasing warrantless domestic surveillance.
“Our needlessly abusive and unlawful practices in the ‘War on Terror' have diminished our standing in the world community and made us less, rather than more, safe,” Holder told a packed room at the ACS 2008 Convention on Friday evening. “For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights.”
Here is Attorney General-Designate Eric Holder Jr. speaking on the Rule of Law at the 2008 ACS National Convention and on the responsibility of Americans to preserve and protect our Constitution and reaffirm the principle of rule of law to its rightful, central place in society.
Eric Holder, American Constitution Society June 13, 2008 Speech, Pt. 1 of 3
Pt. 2 of 3
Pt. 3 of 3
......................................................................................... Addendum: back to top
International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. The prohibition applies to the United States during times of peace, armed conflict, or a state of emergency. Any person, whether a U.S. national or a non-citizen, is protected. It is irrelevant whether the detainee is determined to be a prisoner-of-war, a protected person, or a so-called "security detainee" or "unlawful combatant." And the prohibition is in effect within the territory of the United States or any place anywhere U.S. authorities have control over a person. In short, the prohibition against torture and ill-treatment is absolute. ... A federal anti-torture statute (18 U.S.C. § 2340A), enacted in 1994, provides for the prosecution of a U.S. national or anyone present in the United States who, while outside the U.S., commits or attempts to commit torture.
Torture is defined as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." A person found guilty under the act can be incarcerated for up to 20 years or receive the death penalty if the torture results in the victim's death.
You'll notice in the left sidebar here that there is a new Petition Badge for a A Citizen's Petition to Attorney General-Designate Eric Holder asking him to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes, sponsored by Docudharma and Democrats.com.
With the recent admissions by Vice President Cheney and the release of the Senate Armed Services Committee Report on detainee treatment, what we have known in the blogosphere for years has now....finally....made it into the mainstream. The Bush Administration planned, developed and carried out an organized torture program stretching from Gitmo to Iraq, Afghanistan and secret prisons around the world.
Despite their protestations and attempts to cover themselves with highly questionable legal opinions, this was and is a War Crime. Their politicization and corruption of the Department of Justice has stymied any investigation and left all efforts at accountability and justice to the new Obama Administrations DOJ, and specifically to AG Designate Holder.
However, as we also know well in the Blogosphere, this is far more than an issue of crime, punishment and justice as it should be. It is a political issue. A 'hot potato' political issue considering that any and all attempts at investigation and prosecution will undoubtedly (and erroneously) be described by the Republicans, the Right Wing press and pundits, and even some (complicit?) Democrats as a 'partisan witch hunt' and as 'criminalizing politics.' in other words, there are huge political costs at stake here. It would be much, much easier to 'move on' or 'not play the blame game' or point fingers to the past.'
The Obama Administration will face incredible pressure to sweep these War Crimes under the rug of history. We in the Blogosphere need to provide the counter-pressure. We do that by making our voices heard, and one way to do that is by each and everyone of us, the thousands if not millions of blog readers, adding our names to a petition. The petition will ultimately be submitted to AG Holder, as well as to Change.gov. However it can make a great impact on the 'public conversation' just by being everywhere in the Blogosphere as well.
To that end, Docudharma and Democrats.com have teamed up to create, host, and distribute the following petition. The petition calls for Attorney General Designate Holder to, immediately upon being confirmed, appoint a Special Prosecutor to investigate and prosecute any and all officials of the Bush Administration for Torture and War Crimes.
The petition:
Dear Attorney General Designate Holder,
We the undersigned citizens of the United States hereby formally petition you to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
These crimes are being euphemistically referred to as "abusive interrogation techniques" by such respected figures as Senator John McCain. These are euphemisms for torture. Torture is a War Crime. Waterboarding is a War Crime. The CIA has admitted waterboarding detainees. Recently, Vice President Cheney has brazenly admitted authorizing the program that lead to waterboarding, other forms of torture too numerous to list, and ultimately, the deaths by homicide of detainees.
As Major General Antonio Taguba, the Army general who led the investigation into prisoner abuse at Iraq's Abu Ghraib prison has stated:
"After years of disclosures by government investigations, media accounts and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account."
A bipartisan panel of senators has concluded that former defense secretary Donald H. Rumsfeld and other top Bush administration officials bear direct responsibility for the harsh treatment of detainees at Guantanamo Bay, and that their decisions led to more serious abuses in Iraq and elsewhere.
We the undersigned citizens demand a full and thorough investigation immediately upon your taking office. This investigation should be pursued no matter where it may lead and no matter what the political implications may be. To this end, we remind you that you work not on behalf of or for the President or the Congress, but for the People of the United States of America and for Justice itself.
The United States is a representative democracy. The actions of our government officials are done in the name of its citizens. War Crimes have been committed in our name. Torture has been done in our name. The only way to clear our name of War Crimes is to repudiate them through the aggressive prosecution of each and every person involved to the full extent of the law through the appointment of a Special Prosecutor.
If you wish to post this essay, or just the petition, on any site or your own blog, please mail us at admin@docudharma.com and we will send you the entire essay, complete with HTML code, to post wherever you wish. Please feel free to edit, within the parameters of keeping the original spirit and intent. We enthusiastically give full permission for such use!
There is no more debate on these matters. The only people who want to continue debating these matters are war criminals who want to be let off the hook and supporters of letting war criminals off the hook.
No matter how much lipstick and rouge we smear on the face of this war no matter how we attempt to dress up the evil and bestial acts that have been performed in its unholy name, it still has the hideous countenance of an evil swine from hell.
Attorney General Michael Mukasey since his appointment by George Bush, as have previous members of the Bush administration such as Alberto Gonzales, and other enablers such as House Speaker Nancy Pelosi, has waffled, spun, twisted in the wind, squirmed, sweated, excused, equivocated, denied reality and otherwise insulted Americans and the entire world as evidence of torture ordered at the highest levels of the Bush administration has piled ever higher and higher.
The speech, and Mr. Holder's tone, comportment, and obvious high intelligence displayed in it, are very confidence inspiring, unlike Mr. Mukasey's dissembling. I did a little digging around for an embeddable version so everyone could see and hear what Holder had to say on the same questions that make Mr. Mukasey's eyes dart around in a frantic search for safe ground while he sweats and squirms and squeals like a stuck pig writhing on the end of a sharp stick.
