Showing posts with label war crime. Show all posts
Showing posts with label war crime. Show all posts
20160415
20160322
20150911
U.S. government blocks release of new CIA torture details
The treatment of Zubaydah, who lost one eye and was waterboarded 83 times in a single month while held by the CIA, according to government documents, has been the focus of speculation for years.
"We submitted 116 pages in 10 separate submissions," Joe Margulies, Zubaydah’s lead defense lawyer, told Reuters. "The government declared all of it classified."
Margulies and lawyers for other detainees said that the decision showed that the Obama administration plans to continue declaring detainees’ accounts of their own torture classified. A Central Intelligence Agency spokesperson declined to comment.
20150828
OLC: President May Withhold WMD Info from Congress
Despite an explicit statutory requirement to keep Congress “fully and currently informed” about the proliferation of weapons of mass destruction, the President may withhold proliferation-related information from Congress if he determines that doing so could harm the national security, according to a sweeping opinion from the Justice Department Office of Legal Counsel (OLC) that was prepared in 2003.
The opinion, written by then-OLC deputy John C. Yoo, was released this week under the Freedom of Information Act. See Presidential Authority to Protect National Security Information, January 27, 2003.
The OLC opinion takes an uncompromising view of presidential authority. It reviews multiple statutes that mandate disclosure of various types of information to Congress, including requirements to report on WMD proliferation and to keep the intelligence committees “fully and currently informed of all intelligence activities.” It then concludes that those statutes cannot override, modify or limit the President’s constitutional prerogatives.
“Despite Congress’s extensive powers under the Constitution, its authorities to legislative [sic] and appropriate cannot constitutionally be exercised in a manner that would usurp the President’s authority over foreign affairs and national security,” the OLC opinion said.
Even to a layman, the Yoo opinion seems muddled and poorly argued, in several respects...
http://fas.org/blogs/secrecy/2015/08/olc-nsi/
The opinion, written by then-OLC deputy John C. Yoo, was released this week under the Freedom of Information Act. See Presidential Authority to Protect National Security Information, January 27, 2003.
The OLC opinion takes an uncompromising view of presidential authority. It reviews multiple statutes that mandate disclosure of various types of information to Congress, including requirements to report on WMD proliferation and to keep the intelligence committees “fully and currently informed of all intelligence activities.” It then concludes that those statutes cannot override, modify or limit the President’s constitutional prerogatives.
“Despite Congress’s extensive powers under the Constitution, its authorities to legislative [sic] and appropriate cannot constitutionally be exercised in a manner that would usurp the President’s authority over foreign affairs and national security,” the OLC opinion said.
Even to a layman, the Yoo opinion seems muddled and poorly argued, in several respects...
http://fas.org/blogs/secrecy/2015/08/olc-nsi/
20150101
Prosecute John Yoo, Says Law School Dean Erwin Chemerinsky
Torture is a crime, a violation of the Federal Torture Act. Those who engaged in the torture documented in such exhaustive detail in the Senate Intelligence Committee’s torture report should be prosecuted, and those who conspired in that torture should also be prosecuted. They include UC Berkeley law professor John Yoo, says Erwin Chemerinsky, Dean of the Law School at the University of California Irvine.
Yoo was co-author of the infamous “torture memo” of 2002, when he was Deputy Assistant US Attorney General in the Office of Legal Counsel of the Bush Justice Department. In the memo he declared that—in the words of Jane Mayer in her book The Dark Side—“cruel, inhumane, and degrading treatment of detainees could be authorized, with few restrictions.”
Yoo’s memo “directly led to the torture policy that resulted,” Chemerinsky said in an interview, citing Mayer’s evidence. “That’s being part of a conspiracy to violate a federal statute. Someone isn’t excused from criminal liability just because they work for the federal government.”
The Federal Torture Act defines torture broadly, as “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering…upon another person within his custody or physical control.” The penalty for violating the Torture Act is imprisonment “for not more than 20 years...”
http://www.thenation.com/blog/192809/prosecute-john-yoo-says-law-school-dean-erwin-chemerinsky
Yoo was co-author of the infamous “torture memo” of 2002, when he was Deputy Assistant US Attorney General in the Office of Legal Counsel of the Bush Justice Department. In the memo he declared that—in the words of Jane Mayer in her book The Dark Side—“cruel, inhumane, and degrading treatment of detainees could be authorized, with few restrictions.”
Yoo’s memo “directly led to the torture policy that resulted,” Chemerinsky said in an interview, citing Mayer’s evidence. “That’s being part of a conspiracy to violate a federal statute. Someone isn’t excused from criminal liability just because they work for the federal government.”
The Federal Torture Act defines torture broadly, as “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering…upon another person within his custody or physical control.” The penalty for violating the Torture Act is imprisonment “for not more than 20 years...”
http://www.thenation.com/blog/192809/prosecute-john-yoo-says-law-school-dean-erwin-chemerinsky
20140404
20140330
Document Reveals that Nixon Attempted My Lai Massacre Cover-Up
This past week marked the 46th anniversary of the My Lai massacre, in which 504 unarmed Vietnamese civilians were massacred by U.S. troops in 1968. It’s one of the most shameful chapters in American military history, and now documents held at the Nixon Presidential Library paint a disturbing picture of what happened inside the Nixon administration after news of the massacre broke.
The documents, mostly hand-written notes from Nixon’s meetings with his chief of staff H.R. “Bob” Haldeman, lead some historians to conclude that President Richard Nixon was behind the attempt to sabotage the My Lai trials and cover up what was becoming a public-relations disaster for his administration.
One document, scribbled by Haldeman during his Dec. 1, 1969, meeting with Nixon, reads like a threatening to-do list under the headline “Task force – My Lai.” Haldeman wrote “dirty tricks” (with the clarification that those tricks be “not too high a level”) and “discredit one witness,” in order to “keep working on the problem.”
http://www.constantinereport.com/document-reveals-nixon-attempted-lai-massacre-cover/
It’s NOT Too Late to Try Bush, Cheney and Obama for War Crimes
We Can Still Prosecute …
Many argue that the statute of limitations on Bush and Cheney’s crimes of lying us into the Iraq war and torture have all run … so it is too late to prosecute them.
However, the United States War Crimes Act of 1996, a federal statute set forth at 18 U.S.C. § 2441, makes it a federal crime for any U.S. national, whether military or civilian, to violate the Geneva Convention by engaging in murder, torture, or inhuman treatment.
The statute applies not only to those who carry out the acts, but also to those who ORDER IT, know about it, or fail to take steps to stop it. The statute applies to everyone, no matter how high and mighty.
18 U.S.C. § 2441 has no statute of limitations, which means that a war crimes complaint can be filed at any time...
http://911blogger.com/news/2014-03-30/it-s-not-too-late-try-bush-cheney-and-obama-war-crimes
Many argue that the statute of limitations on Bush and Cheney’s crimes of lying us into the Iraq war and torture have all run … so it is too late to prosecute them.
However, the United States War Crimes Act of 1996, a federal statute set forth at 18 U.S.C. § 2441, makes it a federal crime for any U.S. national, whether military or civilian, to violate the Geneva Convention by engaging in murder, torture, or inhuman treatment.
The statute applies not only to those who carry out the acts, but also to those who ORDER IT, know about it, or fail to take steps to stop it. The statute applies to everyone, no matter how high and mighty.
18 U.S.C. § 2441 has no statute of limitations, which means that a war crimes complaint can be filed at any time...
http://911blogger.com/news/2014-03-30/it-s-not-too-late-try-bush-cheney-and-obama-war-crimes
20130825
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20121215
20120101
20110620
Grand Jury Investigates Torture in Abu Ghraib Death
"It has been nearly a decade since Manadel al-Jamadi, an Iraqi prisoner known as "the Iceman" — for the bungled attempt to cool his body and make him look less dead — perished in CIA custody at Abu Ghraib. But now there are rumbles in Washington that the notorious case, as well as other alleged CIA abuses, could be returning to haunt the agency. TIME has learned that a prosecutor tasked with probing the CIA — John Durham, a respected, Republican-appointed U.S. Attorney from Connecticut — has begun calling witnesses before a secret federal grand jury in Alexandria, Va., looking into, among other things, the lurid Nov. 4, 2003, homicide, which was documented by TIME in 2005.
TIME has obtained a copy of a subpoena signed by Durham that points to his grand jury's broader mandate, which could involve charging additional CIA officers and contract employees in other cases. The subpoena says "the grand jury is conducting an investigation of possible violations of federal criminal laws involving War Crimes (18 USC/2441), Torture (18 USC 243OA) and related federal offenses..." http://battleland.blogs.time.com/2011/06/13/haunted-by-homicide-federal-grand...
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