January 12, 2009
Remember the child detainees of Gitmo? No? Well, it has been a while — long enough for these boys to grow into adults while awaiting trial (any trial, even the kangarro court otherwise known as a “secret military tribunal”). Here’s our coverage of the child detainees when we first leaned about them… nearly six years ago:
If This Doesn’t Outrage You, You’re Not Human
April 24, 2003
Children held at Camp Xray, US admits …
And think about this: If there is even one child under the age of 16 now, it means he was captured, transported to Cuba, and has been rotting in a cage at Gitmo for nearly a year and a half — or since he was between 13 and 14 years old. …
AI Weighs in on Gitmo Children
April 24, 2003
Most of the 600-plus detainees in Guantanamo are confined to tiny cells for virtually 24 hours a day and reportedly allowed to exercise in shackles for only 15 minutes twice a week…
Gitmo Update: Rummy, Myers Dis Concerns
for Child Welfare
April 27, 2003
A senior United Nations envoy has called on the United States to take prompt action over the fate of three teenage boys being held with other terror suspects in its prison camp in Guantanamo Bay, Cuba. …
US Defense Secretary Donald Rumsfeld has defended the detention of the boys — aged between 13 and 15 — at Camp Delta, saying they are “enemy combatants”, captured while fighting for the Taleban or al-Qaeda in Afghanistan. …
One of the youths has been identified by Canadian media reports as a Canadian citizen wanted by the US over a grenade attack in Afghanistan which killed a US soldier. …
Which brings us to a long-awaited update about that very Canadian, Omar Khadr:
Leading Rights Groups Urge Obama to Stop Guantánamo Proceedings Against Child Soldiers
WASHINGTON, D.C. — January 12, 2009 — Five leading human rights and civil liberties groups sent a letter to President-elect Barack Obama today, urging him to suspend the Guantánamo Bay military commissions and to ensure that the upcoming trial of Omar Khadr, a 22-year-old Canadian, does not proceed. The trial is scheduled to begin on January 26, six days after the presidential inauguration.
Khadr is slated to be tried before the widely discredited military commissions for war crimes he is alleged to have committed when he was 15. There is broad global recognition that the recruitment and use of children in armed conflict is a serious abuse in itself. This is reflected in the fact that no existing international tribunal has ever prosecuted a child for war crimes.
The groups — the American Civil Liberties Union, Amnesty International, the Coalition to Stop the Use of Child Soldiers, Human Rights First and Human Rights Watch — urged Obama to drop the military commission charges against Khadr and either repatriate him to Canada or, if there is evidence to support it, to prosecute him in U.S. federal courts in accordance with international juvenile justice and fair trial standards.
The groups also called on Obama to immediately suspend pending proceedings against Mohammed Jawad, an Afghan who is also charged before the military commissions for crimes allegedly committed when he was 16 or 17. A military judge twice ruled that statements Jawad made following his arrest were not admissible at trial because they were obtained through torture. However, the government has challenged the ruling and the Court of Military Commission Review in Washington, D.C., is scheduled to hear arguments on Tuesday, January 13.
The letter from the groups to President-elect Barack Obama is below and can also be found online at: www.aclu.org/safefree/detention/…
More information on the ACLU’s work to close Guantánamo can be found online at: www.aclu.org
January 12, 2009
President-elect Barack Obama
Obama-Biden Transition Project
Washington, DC 20720
Dear President-elect Obama:
We write to you regarding Omar Khadr, the 22-year-old Canadian national slated to be tried by military commission at Guantánamo for crimes allegedly committed when he was aged 15. If the trial, now scheduled for January 26, 2009, is allowed to go forward, Omar Khadr will become the first person in recent years to be tried by any western nation for war crimes allegedly committed as a child.
We urge that upon taking office, you act quickly to suspend the military commissions, drop the military commission charges against Khadr, and either repatriate him for rehabilitation in Canada or transfer him to federal court and prosecute him in accordance with international juvenile justice and fair trial standards.
Background
United States forces captured Khadr on July 27, 2002, after a firefight in Afghanistan that resulted in the death of US Army Sergeant First Class Christopher Speer, as well as injuries to other soldiers. Khadr, who was seriously wounded, was initially detained at Bagram Air Base in Afghanistan. There, according to his lawyers, he was forced into painful stress positions, threatened with rape, and hooded and confronted with barking dogs.
In October 2002, US officers transported Khadr to Guantánamo, where the abusive interrogations continued, and where he has been ever since. Khadr told his lawyers that his interrogators shackled him in painful positions, threatened to send him to Egypt, Syria, or Jordan for torture, and used him as a “human mop” after he urinated on the floor during one interrogation session. He was not allowed to meet with a lawyer until November 2004, more than two years after he was first captured.
During his third year of detention, Khadr was charged with murder and other related crimes under the first set of military commissions authorized by President Bush. Those charges were dismissed when the Supreme Court ruled the commissions unlawful in the case of Hamdan v. Rumsfeld. In 2007, under newly authorized commissions, the United States government charged him with murder, attempted murder in violation of the laws of war, conspiracy, providing material support for terrorism, and spying. He faces a possible life prison sentence.
Violations of Human Rights and Juvenile Justice Standards
Khadr’s prolonged detention in Guantánamo Bay contravenes the United States’ binding legal obligations under the International Covenant on Civil and Political Rights and international juvenile justice standards. Although these international standards allow for detention of juveniles only as a last resort and require prompt determination of juvenile cases, Khadr was detained for more than two years before being provided access to an attorney, and for more than three years before being charged before the first military commission. After more than six years the lawfulness of this detention still has not been judicially reviewed on the merits.
Further, despite international standards requiring treatment of children in accordance with their age, as well as segregation of children and adults, Khadr has been housed with adult detainees, even when other child detainees were being housed together in Guantánamo’s Camp Iguana. The abusive interrogations and prolonged detention in solitary confinement violated both international juvenile justice standards and general humane treatment standards, including Common Article 3 of the Geneva Conventions, and other binding prohibitions against torture and cruel, inhuman, and degrading treatment.
Failure to Comply with Obligations under the Optional Protocol
International law requires the United States to recognize the special situation of children who have been recruited or used in armed conflict. The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (”Optional Protocol”), which the United States ratified in 2002, explicitly prohibits the recruitment or use of children under the age of 18 in armed conflict by non-state armed groups and requires state parties to criminalize such conduct. It also requires the rehabilitation of former child soldiers within a signatory’s jurisdiction, including “all appropriate assistance for their physical and psychological recovery and their social reintegration.”
Yet in its dealings with Khadr, the US government has ignored its legal obligations under the Optional Protocol. For years, Khadr was denied access to education, vocational training, counseling, or any family contact. Instead, he was held in isolation and abused.
Last May, the UN Committee on the Rights of the Child, which oversees compliance with the Optional Protocol, criticized the United States’ treatment and military prosecutions of children held at Guantánamo, and called on the US government to treat children in its custody in accordance with international juvenile justice standards.
Military Trial Moving Ahead
Despite widespread criticism of the military commission system and its treatment of Omar Khadr, the outgoing Bush administration has continued to move his case toward trial. Motions hearings are now set for January 19, with a trial date scheduled for January 26. Unless you act quickly to suspend the commissions, Khadr will become the first person in recent history to be prosecuted for war crimes allegedly committed as a child, before a system that you have consistently criticized as “flawed.”
As you are aware, you voted against the legislation passed by Congress in October 2006 to authorize the commissions, calling it a “betrayal of American values.” When charges against Khalid Sheikh Mohammed and the 9/11 co-conspirators were announced in February 2008, you criticized that decision on the grounds that “[t]hese trials are too important to be held in a flawed military commission system” and that the men should be tried in federal court or by courts-martial, in order to “demonstrate our commitment to the rule of law.” Just five months ago, after the conviction of Salim Hamdan, you reiterated your criticism of the commission process, stating it is “time to better protect the American people and our values by bringing swift and sure justice to terrorists through our courts and our Uniform Code of Military Justice.”
You have also co-sponsored legislation (the Child Soldier Prevention Act, S. 1175, which was subsequently incorporated into the Trafficking Victims Protection Reauthorization Act, and the Child Soldier Accountability Act, S. 2135) designed to help end the use of child soldiers. These measures, both signed into law in 2008, commit the US government to expand services to rehabilitate child soldiers and reintegrate them back into their communities, and allow the United States to prosecute the individuals responsible for the recruitment of children as soldiers.
Now is the chance to ensure America’s commitment to the rule of law by putting an immediate halt to Omar Khadr’s trial. If there is evidence that Khadr committed a federal crime, he should be transferred to a federal court and prosecuted in accordance with international juvenile justice and fair trial standards; if not, he should be repatriated for rehabilitation and integration.
This is also the course you should take with the other known juvenile detainee, Mohammed Jawad, an Afghan, who has been in Guantánamo for six years, reportedly subjected to torture, sleep deprivation, and other abuse, and charged with attempted murder by the military commission for acts allegedly committed when he was either 16 or 17 years old. No trial date is currently set in his case.
We hope that you will act quickly on this matter in the interest of justice, protection of human rights, and the rule of law.
Sincerely,
American Civil Liberties Union
Amnesty International
Coalition to Stop the Use of Child Soldiers
Human Rights First
Human Rights Watch
cc:
Secretary of Defense Robert Gates
Eric Holder
Posted by: Sapphocrat
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Filed Under: Afghanistan, Barack Obama, Canada, Civil Rights, Donald Rumsfeld, George W. Bush, Guantanamo Bay, Homeland Insecurity, Press Releases, Youth
July 10, 2008
Statement by US Congressman Dennis J. Kucinich
Presenting an Article of Impeachment of the President
WASHINGTON — July 10 — Yesterday in the House, we had a moment of silence for the troops. Today it is time to speak out on behalf of those troops who will be in Iraq for at least another year, courageously representing our nation while their Commander in Chief sent them on a mission that was based on falsehoods about the threat of WMDs from Iraq.
Throughout the summer and fall of 2002, the Congress, the media and the American people heard the terrifying drumbeat of fear from the Bush White House in the form of loud, well-advertised and orchestrated chanting by the President and his Administration about “Weapons of Mass Destruction,” “Nuclear Threats,” “Biological Weapons,” “Chemical Weapons,” “Threats of Imminent Attack,” all calculated to gain media attention, public support and Congressional support for a war against Iraq.
This afternoon I will introduce a single Article of Impeachment of the President.
The Article is entitled: “Deceiving Congress with Fabricated Threats of Iraq WMDs to Fraudulently Obtain Support for an Authorization of the Use of Military Force Against Iraq.” The Impeachment resolution focuses narrowly on what the President presented to Congress in the Authorization of the Use of Military Force. It does not address the voluminous evidence of orchestrated deceptions which have been well documented by various governmental, non-governmental and media sources.
I understand that many members of Congress voted in good faith to authorize the use of force against Iraq. And I understand that many in the media supported that action. When the President of the United States makes representations on matters of life and death, we all want to believe him and give him the benefit of the doubt. Trust is the glue which holds the fabric of our nation together.
Those in Congress and in the media who acted on the President’s representations of the threat of Iraq WMDs did so trusting that those representations were honest. Unfortunately, they were not. We all know the consequences of the war, the loss of lives and injury to our troops, the deaths of innocent Iraqis, the cost to the American taxpayers. There has been another consequence: Great damage to our Constitution through an unnecessary, illegal war and the destruction of the superior role of Congress in the life of this nation.
Congress must, in the name of the American people, use the one remedy which the Founders provided for an Executive who gravely abused his power: Impeachment. Congress must reassert itself as a co-equal branch of government; bring this President to an accounting, and in doing so reestablish the people’s trust in Congress and in our United States system of government. We must not let this President’s conduct go unchallenged and thereby create a precedent which undermines the Constitution.
In the final analysis this is about our Constitution and whether a President can be held accountable for his actions and his deceptions, especially when the effects of those actions have been so calamitous for America, Iraq and the world. Unless Congress reasserts itself as the power branch of government which the Founders intended, our experiment with a republican form of Government may be nearing an end. But when Congress acts to hold this President accountable it will be redeeming the faith that the Founders had in the power of a system of checks and balances which preserves our republic.
DRAFT
AN ARTICLE OF IMPEACHMENT OF PRESIDENT GEORGE W. BUSH
INTRODUCED BY CONGRESSMAN DENNIS J. KUCINICH
JULY 10, 2008
Resolved, that President George W. Bush be impeached for high crimes and misdemeanors, and that the following Article of Impeachment be exhibited to the United States Senate:
An Article of Impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, in maintenance and support of its impeachment against President George W. Bush for high crimes and misdemeanors.
ARTICLE ONE
DECEIVING CONGRESS WITH FABRICATED THREATS OF IRAQ WMDs TO FRAUDULENTLY OBTAIN SUPPORT FOR AN AUTHORIZATION OF THE USE OF MILITARY FORCE AGAINST IRAQ.
In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution “to take care that the laws be faithfully executed,” deceived Congress with fabricated threats of Iraq Weapons of Mass Destruction (WMD) to fraudulently obtain support for an authorization for the use of force against Iraq and used that fraudulently obtained authorization, then acting in his capacity under Article II, Section II of the Constitution as Commander in Chief, to commit US troops to combat in Iraq.
To gain Congressional support for passage of the Joint Resolution to Authorize the Use of United States Armed Forces Against Iraq, the President made the following material representations to the Congress in SJ Res 45:
1. That Iraq was “continuing to possess and develop a significant chemical and biological weapons capability. …”
2. That Iraq was “actively seeking a nuclear weapons capability. …”
3. That Iraq was “continuing to threaten the national security interests of the United States and international peace and security.”
4. That Iraq has demonstrated a “willingness to attack, the United States….”
5. That “members of Al Qaida, an organization bearing responsibility for attacks on the United States, its citizens and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq. …”
6. The “attacks on the United States of September 11, 2001, underscored the gravity of the threat that Iraq will transfer weapons of mass destruction to international terrorist organizations…”
7. That Iraq “will either employ those weapons to launch a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so, …”
8. That an “extreme magnitude of harm that would result to the United States and its citizens from such an attack,. .. .”
9. That the aforementioned threats “justify action by the United States to defend itself; …”
10. The enactment clause of Section 2 of SJ Res 45, the Authorization of the Use of the United States Armed Forces authorizes the President to “defend the national security interests of the United States against the threat posed by Iraq…”
Each consequential representation made by the President to the Congress in SJ Res 45, in subsequent iterations and the final version was unsupported by evidence which was in the control of the White House.
1. Iraq was not “continuing to possess and develop a significant chemical and biological weapons capability…”
“A substantial amount of Iraq’s chemical warfare agents, precursors, munitions and production equipment were destroyed between 1991 and 1998 as a result of Operation Desert Storm and United Nations Special Commission (UNSCOM) actions. … There is no reliable information on whether Iraq is producing and stockpiling chemical weapons or whether Iraq has–or will–establish its chemical warfare agent production facilities.” Defense Intelligence Agency. Iraq–Key WMD Facilities–An Operational Support Study. September 2002. Available: http://www.fas.org/…
“Statements by the President and Vice President prior to the October 2002 National Intelligence Estimate regarding Iraq’s chemical weapons production capability and activities did not reflect the intelligence community’s uncertainties as to whether such production was ongoing.” Senate Select Committee on Intelligence. Report on Whether Public Statements Regarding Iraq By U.S. Government Officials Were Substantiated By Intelligence Information. June 5, 2008. Available: http://intelligence.senate.gov/…
“In April and early May 2003, military forces found mobile trailers in Iraq. Although intelligence experts disputed the purpose of the trailers, Administration officials repeatedly asserted that they were mobile biological weapons laboratories. In total, President Bush, Vice President Cheney, Secretary Rumsfeld, Secretary Powell, and National Security Advisor Rice made 34 misleading statements about the trailers in 27 separate public appearances. Shortly after the (mobile trailers were found, the Central Intelligence Agency (CIA) and Defense Intelligence Agency (DIA) issued an unclassified white paper evaluating the trailers. The white paper was released without coordination with other members of the intelligence community, however. It was disclosed later that engineers from DIA who examined the trailers concluded that they were most likely used to produce hydrogen for artillery weather balloons. A former senior intelligence official reported that “only one of 15 intelligence analysts assembled from three agencies to discuss the issue in June endorsed the white paper conclusion.” House Committee on Government Reform- Minority Staff. Iraq on the Record: Bush Administration’s Public Statements about Chemical and Biological Weapons. March 16, 2004. Available: http://oversight.house.gov/…
Former chief of CIA covert operations in Europe, Tyler Drumheller, has said that the CIA had credible sources discounting weapons of mass destruction claims, incuding the primary source of biological weapons claims, an informant who the Germans code-named “Curveball” whom the Germans had informed the Bush Administration was a likely fabricator and including the Niger Yellowcake forgery. Two other former CIA officers confirmed Drumheller’s account to Sidney Blumenthal who reported the story at Salon.com on September 6, 2007.
“In practical terms, with the destruction of the Al Hakam facility, Iraq abandoned its ambition to obtain advanced biological weapons (BW) weapons quickly. The Iraq Survey Group (ISG) found no direct evidence that Iraq, after 1996, had plans for a new BW program or was conducting BW-specific work for military purposes. Indeed, from the mid-1990s, despite evidence of continuing interest in nuclear and chemical weapons, there appears to be a complete absence of discussion or even interest in BW at the Presidential level. In spite of exhaustive investigation, ISG found no evidence that Iraq possessed, or was developing BW agent production systems mounted on road vehicles or railway wagons. … ISG harbors severe doubts about the source’s credibility in regards to the breakout program.” Duelfer, Charles. Comprehensive Report of the Special Advisor to the Director of Central Intelligence on Iraq’s WMD. Available: http://www.lib.umich.edu/…
“While a small number of old, abandoned chemical munitions have been discovered, ISG judges that Iraq unilaterally destroyed its undeclared chemical weapons stockpile in 1991. There are no credible indications that Baghdad resumed production of chemical munitions thereafter, a policy ISG attributes to Baghdad’s desire to see sanctions lifted, or rendered ineffectual, or its fear of force against it should WMD be discovered.” Duelfer, Charles. Comprehensive Report of the Special Advisor to the Director of Central Intelligence on Iraq’s WMD. Available: http://www.lib.umich.edu/…
2. Iraq was not “actively seeking a nuclear weapons capability.”
The key finding of the Iraq Survey Group’s (ISG) Report to the Director of Central Intelligence found that “Iraq’s ability to reconstitute a nuclear weapons program progressively decayed after that date. Saddam Husayn (sic) ended the nuclear program in 1991 following the Gulf war. ISG found no evidence to suggest concerted efforts to restart the program.” Duelfer, Charles. Comprehensive Report of the Special Advisor to the Director of Central Intelligence on Iraq’s WMD. Available: http://www.lib.umich.edu/…
Claims that Iraq was purchasing uranium from Niger were not supported by the State Department’s Bureau of Intelligence and Research in the National Intelligence Estimate (NIE) of October 2002.
The CIA had warned the British not to claim Iraq was purchasing uranium from Niger prior to the British statement that was later cited by President Bush. George Tenet, July 11, 2003
“One, there is no indication of resumed nuclear activities in those buildings that were identified through the use of satellite imagery as being reconstructed or newly erected since 1998, nor any indication of nuclear-related prohibited activities at any inspected sites. Second, there is no indication that Iraq has attempted to import uranium since 1990. Three, there is no indication that Iraq has attempted to import aluminum tubes for use n centrifuge enrichment. Moreover, even had Iraq pursued such a plan, it would have been — it would have encountered practical difficulties in manufacturing centrifuges out of the aluminum tubes in question. Fourthly, although we are still reviewing issues related to magnets and magnet production, there is no indication to date that Iraq imported magnets for use in a centrifuge enrichment program. As I stated above, the IAEA (International Atomic Energy Agency) will naturally continue further to scrutinize and investigate all of the above issues.” ElBaradei, Mohamed. Director General, International Atomic Energy Agency. Statement to the United Nations Security Council on The Status of Nuclear Inspections in Iraq: An Update. March 7, 2003. Available: http://www.iaea.org/…
3. Iraq was not “continuing to threaten the national security interests of the United States.”
“Let me be clear: analysts differed on several important aspects of [Iraq’s biological, chemical, and nuclear] programs and those debates were spelled out in the Estimate. They never said there was an ‘imminent’ threat.” Remarks as Prepared for Delivery by Former CIA Director George J. Tenet at Georgetown University. February 5, 2004. Available: http://www.fas.org/…
“We have been able to keep weapons from going into Iraq … We have been able to keep the sanctions in place to the extent that items that might support weapons of mass destruction have had some controls on them … it’s been quite a success for ten years.” Powell, Colin. Secretary of State. Interview with Face the Nation. February 11, 2001.
“[British Secret Intelligence Service Chief Sir Richard Billing Dearlove] reported on his recent talks in Washington. There was a perceptible shift in attitude. Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy. The NSC had no patience with the UN route, and no enthusiasm for publishing material on the Iraqi regime’s record. There was little discussion in Washington of the aftermath after military action. … The Foreign Secretary (of England) said he would discuss this with Colin Powell this week. It seemed clear that Bush had made up his mind to take military action, even if the timing was not yet decided. But the case was thin. Saddam was not threatening his neighbours, and his WMD capability was less than that of Libya, North Korea or Iran. We should work up a plan for an ultimatum to Saddam to allow back in the UN weapons inspectors. This would also help with the legal justification for the use of force.” Rycroft, Matthew; Private Secretary to Prime Minister Tony Blair. Memo to British Ambassador to the United States David Manning. July 23, 2002. Available: http://www.timesonline.co.uk/…
4. Iraq did not have the “willingness to attack, the United States.”
“The fact of the matter is that both baskets, the UN basket and what we and other allies have been doing in the region, have succeeded in containing Saddam Hussein and his ambitions. His forces are about one-third their original size. They really don’t possess the capability to attack their neighbors the way they did ten years ago.” Powell, Colin. Secretary of State. Transcript of Remarks made to German Foreign Minister Joschka Fischer. February 2001. Available: http://www.usembassy-israel.org.il/…
The October 2002 National Intelligence Estimate (NIE) concluded that “Baghdad for now appears to be drawing a line short of conducting terrorist attacks with conventional or [chemical or biological weapons] against the United States, fearing that exposure of Iraqi involvement would provide Washington a stronger case for making war.” Available: http://www.globalsecurity.org/…
5. Iraq had no connection with the attacks of 9/11, or with al-Qaida’s role in 9/11.
“The report [of the Senate Select Committee on Intelligence] documents significant instances in which the Admnistration went beyond what the Intelligence Community knew or believed in making public claims, most notably on the false assertion that Iraq and al-Qaida had an operational partnership and joint involvement in carrying out the attacks of September 11th. The President and his advisors undertook a relentless public campaign in the aftermath of the attacks to use the war against al-Qaida as a justification for overthrowing Saddam Hussein. Representing to the American people that the two had an operational partnership and posed a single, indistinguishable threat was fundamentally misleading and led the Nation to war on false premises.” Senator John D. Rockefeller IV. Chairman, Senate Select Committee on Intelligence. Additional Views of Chairman John D. Rockefeller IV. Page 90. Available: http://intelligence.senate.gov/…
Richard Clarke’s memo of September 18, 2001, titled Survey of Intelligence Information on Any Iraq Involvement in the September 11 Attacks found no “compelling case” that Iraq had either planned or perpetrated the attacks, and that there was no confirmed reporting on Saddam cooperating with Bin Laden on unconventional weapons http://www.9-11commission.gov/… (page 334).
On September 17, 2003, President Bush said: “No, we’ve no evidence that Saddam Hussein was involved with September the 11th. What the vice president said was is that he (Saddam) has been involved with al-Qaida.” Available: http://seattlepi.nwsource.com/…
On June 16, 2004, a Staff Report from the 9/11 Commission stated: “There has been reports that contacts between Iraq and al Qaeda also occurred after bin Laden had returned to Afghanistan [in 1996], but they do not appear to have resulted in a collaborative relationship. … Two senior bin Laden associates have adamantly denied that any ties existed between al Qaeda and Iraq. We have no credible evidence that Iraq and al Qaeda cooperated on attacks against the United States.” Available: http://www.washingtonpost.com/…
“Intelligence provided by former undersecretary of defense Douglas J. Feith to buttress the White House case for invading Iraq included “reporting of dubious quality or reliability” that supported the political views of senior administration officials rather than the conclusions of the intelligence community, according to a report by the Pentagon’s inspector general.
“Feith’s office ‘was predisposed to finding a significant relationship between Iraq and al Qaeda,’ according to portions of the report, released yesterday by Sen. Carl M. Levin (D-Mich.). The inspector general described Feith’s activities as ‘an alternative intelligence assessment process.’” Pincus, Walter and Smith, R. Jeffrey. “Official’s Key Report On Iraq Is Faulted, ‘Dubious’ Intelligence Fueled Push for War.” Washington Post. February 9, 2007. A1.
6. Iraq possessed no weapons of mass destruction to transfer to anyone.
Iraq possessed no weapons of mass destruction to transfer. Furthermore, available intelligence information found that the Iraq regime would only transfer weapons of mass destruction to terrorist organizations if under severe threat of attack by the United States:
According to information in the October 2002 National Intelligence Estimate (NIE) on Iraq that was available to the Administration at the time they were seeking Congressional support for the authorization of the use of force against Iraq, the Iraq regime would transfer weapons to a terrorist organization only if “sufficiently desperate” because it feared that “an attack that threatened the survival of the regime were imminent or unavoidable… ”
“Iraq probably would attempt clandestine attacks against the US Homeland if Baghdad feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge. Such attacks — more likely with biological than chemical agents — probably would be carried out by special forces or intelligence operatives.
“The Iraqi Intelligence Service (IIS) probably has been directed to conduct clandestine attacks against US and Allied interests in the Middle East in the event the United States takes action against Iraq. The IIS probably would be the primary means by which Iraq would attempt to conduct any CBW attacks on the US Homeland, although we have no specific intelligence information that Saddam’s regime has directed attacks against US territory.
“Saddam, if sufficiently desperate, might decide that only an organization such as al-Qa’ida — with worldwide reach and extensive terrorist infrastructure, and already engaged in a life-or-death struggle against the United States — would perpetrate the type of terrorist attack that he would hope to conduct.
“In such circumstances, he might decide that the extreme step of assisting the Islamist terrorists in conducting a CBW attack against the United States would be his last chance to exact vengeance by taking a large number of victims with him.” Available: http://www.globalsecurity.org/…
7. Iraq had no weapons of mass destruction and therefore had no capability of launching a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so…”
Iraq possessed no weapons of mass destruction to transfer. Furthermore, available intelligence information found that the Iraq regime would only transfer weapons of mass destruction to terrorist organizations if under severe threat of attack by the United States:
According to information in the October 2002 National Intelligence Estimate (NIE) on Iraq that was available to the Administration at the time they were seeking Congressional support for the authorization of the use of force against Iraq, the Iraq regime would transfer weapons to a terrorist organization only if “sufficiently desperate” because it feared that “an attack that threatened the survival of the regime were imminent or unavoidable…” October 2002 National Intelligence Estimate on Iraq. Available: http://www.globalsecurity.org/…
“Iraq probably would attempt clandestine attacks against the US Homeland if Baghdad feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge. Such attacks - more likely with biological than chemical agents - probably would be carried out by special forces or intelligence operatives.”
“The Iraqi Intelligence Service (IIS) probably has been directed to conduct clandestine attacks against US and Allied interests in the Middle East in the event the United States takes action against Iraq. The IIS probably would be the primary means by which Iraq would attempt to conduct any CBW attacks on the US Homeland, although we have no specific intelligence information that Saddam’s regime has directed attacks against US territory.”
“Saddam, if sufficiently desperate, might decide that only an organization such as al-Qa’ida - with worldwide reach and extensive terrorist infrastructure, and already engaged in a life-or-death struggle against the United States - would perpetrate the type of terrorist attack that he would hope to conduct.”
“In such circumstances, he might decide that the extreme step of assisting the Islamist terrorists in conducting a CBW attack against the United States would be his last chance to exact vengeance by taking a large number of victims with him.”
As reported in the Washington Post on March 1, 2003, in 1995, Saddam Hussein’s son-in-law, Hussein Kamel had informed US and British intelligence officers that “all weapons–biological, chemical, missile, nuclear were destroyed.” Lynch, Colum. “Iraqi Defector Claimed Arms Were Destroyed by 1995.” Washington Post. A15. March 1, 2003.
“A substantial amount of Iraq’s chemical warfare agents, precursors, munitions and production equipment were destroyed between 1991 and 1998 as a result of Operation Desert Storm and United Nations Special Commission (UNSCOM) actions. … There is no reliable information on whether Iraq is producing and stockpiling chemical weapons or whether Iraq has–or will–establish its chemical warfare agent production facilities.” Defense Intelligence Agency. Iraq–Key WMD Facilities–An Operational Support Study. September 2002. Available: http://www.fas.org/…
8. There was not a real risk of an “extreme magnitude of harm that would result to the United States and its citizens from such an attack” because Iraq had no capability of attacking the United States.
“Containment has been a successful policy, and I think we should make sure that we continue it until such time as Saddam Hussein comes into compliance with the agreements he made at the end of the (Gulf) War. … [Iraq is] not threatening America.” Powell, Colin. Secretary of State.
9. The aforementioned evidence did not “justify the use of force by the United States to defend itself” because Iraq did not have weapons of mass destruction, or have the intention or capability of using the non-existent WMD’s against the United States.
10. Since there was no threat posed by Iraq to the United States, the enactment clause was predicated on lying to Congress.
Congress relied on the information provided to it by the President of the United States. Congress provided the President with the authorization to use military force that he requested. As a consequence of the fraudulent representations made to the Congress, the United States Armed Forces, under the direction of George Bush as Commander in Chief, pursuant to Section 3 of the Authorization for the Use of Force which President Bush requested, invaded Iraq and occupies it to this day, at the cost of 4,116 lives of US service men and women, injuries to over 30,000 of our troops, the deaths of over 1,000,000 innocent Iraqi civilians, the destruction of Iraq, and a long term cost over $3 trillion.
President Bush’s misrepresentations to Congress to induce passage of a use of force resolution is subversive of the Constitutional system of checks and balances, destructive of Congress’ sole prerogative to declare war under Article I Section 8 of the Constitution, and is therefore a High Crime. An even greater offense by the President of the United States occurs in his capacity as Commander in Chief, because he knowingly placed the men and women of the United States Armed Forces in harm’s way, jeopardizing their lives and their families’ future, for reasons that to this date have not been established in fact.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President and Commander in Chief, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States and of those members of the Armed Forces who put their lives on the line pursuant to the falsehoods of the President. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.
Posted by: Sapphocrat
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Filed Under: Afghanistan, Colin Powell, Condoleezza Rice, Dennis Kucinich, Dick Cheney, Donald Rumsfeld, George W. Bush, Homeland Insecurity, Iraq, Press Releases, September 11, U.S. Congress, United Kingdom & N.I.
June 23, 2008
WASHINGTON — June 23 — Servicemembers Legal Defense Network (SLDN) today released new data showing that while women make up approximately fifteen percent of the armed forces, they account for nearly half of all “Don’t Ask, Don’t Tell” (DADT) discharges from the Army and Air Force. Women have always been disproportionately affected by the law forbidding openly gay, lesbian and bisexual Americans from military service but the 2007 data shows a significant increase in the ban’s impact.
“Women make up fifteen percent of the armed forces, so to find they represent nearly fifty percent of Army and Air Force discharges under ‘Don’t Ask, Don’t Tell’ is shocking,” said SLDN executive director Aubrey Sarvis. “‘Don’t Ask, Don’t Tell’ is often used as a weapon of vengeance against service members. Women in particular have been caught in the crosshairs of this counterproductive law.”
In FY 2007 women accounted for 14% of the Army’s active duty force while making up 46% of DADT discharges compared to FY 2006 when women represented 17% of the Army and made up 35% of DADT discharges. Similarly, FY 2007 data from the Air Force shows women are 20% of the force but made up 49% of DADT discharges. That number is up from FY 2006 when females made-up 20% of the Air Force and 49% of DADT discharges.
“Our nation is safer and more secure because of the contributions made by all women, including lesbian and bisexual women, in the armed forces,” said Commander Zoe Dunning, USNR (Ret.) and SLDN Board Co-chair. “The time has come for the Pentagon and military leaders to recommend Congress repeal ‘Don’t Ask, Don’t Tell.’ The ban disrupts troop morale and weakens unit cohesion by forcing commanders in Iraq and Afghanistan, and around the world, to separate qualified and well trained personnel for no other reason than they are suspected of being gay,” added Dunning.
According to statistics obtained from the Pentagon for Fiscal Year 2007, the armed forces continue discharging nearly two service members per day. The separation data shows the number of discharges under ‘Don’t Ask, Don’t Tell’ have fallen by 50% since the September 11, 2001 terrorist attacks and the beginning of U.S. military operations in Afghanistan and Iraq. In FY 2007, at least 627 military personnel were dismissed under the “Don’t Ask, Don’t Tell” ban on openly gay service members, up from 612 in FY 2006.
In 2007 the Army discharged 302 soldiers, up from 280 the year before. The Air Force dismissed 91 airmen, down slightly from 102 in 2006; the Navy discharged 166 sailors, the same as the previous year; and 68 Marines were discharged, up from 64 the year before. The Coast Guard, which discharged 11 service members in 2006, has not responded to SLDN’s requests for data filed with under the Freedom of Information Act.
The military’s need for qualified and experienced personnel continues to grow. The House Oversight and Government Reform Committee recently released data showing the Army has doubled the number of waivers it grants to recruits convicted of violent felonies including manslaughter, rape and kidnapping. In an attempt to meet personnel goals Pentagon leaders have recently relaxed enlistment standards regarding age, physical fitness, education and criminal records. The discharge of lesbian and gay Americans, however, continues.
A bipartisan coalition in Congress supports legislation to repeal the “Don’t Ask, Don’t Tell” law. The Military Readiness Enhancement Act (H.R. 1246), is currently co-sponsored by 143 lawmakers. The bill would repeal the current law and allow lesbian, gay and bisexual personnel to serve openly in the armed forces.
Compiled statistics on “Don’t Ask, Don’t Tell” are available from SLDN Communication Director Adam Ebbin at aebbin@sldn.org. Additional information is online at www.sldn.org.
Servicemembers Legal Defense Network is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by “Don’t Ask, Don’t Tell” and related forms of intolerance. For more information, visit www.sldn.org.
Posted by: Sapphocrat
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Filed Under: Afghanistan, Military/DADT, Press Releases
June 3, 2003
Skim the article if you must, but kindly read my comments at the end…
When all three major US newsweeklies — Time, Newsweek and US News & World Report — run major features on the same day on possible government lying, you can bet you have the makings of a major scandal.
And when the two most important outlets of neo-conservative opinion — The Weekly Standard and The Wall Street Journal — come out on the same days with lead editorials spluttering outrage about suggestions of government lying, you can bet that things are going to get very hot as summer approaches in Washington.
The controversy over whether the administration of President George W Bush either exaggerated or lied about evidence that it said it had about the existence of weapons of mass destruction (WMD) in Iraq before the US-led invasion has mushroomed over the past week.
“This is potentially very serious,” said one Congressional aide. “If it’s shown we went to war because of intelligence that was ‘cooked’ by the administration, heads will have to roll, and not just little heads, big ones.”
The administration was already on the defensive last week as the controversy took off in Europe, particularly in Britain where Prime Minister Tony Blair found himself assailed from all directions for either willfully exaggerating the intelligence himself or being “suckered”, as his former foreign minister Robin Cook called it this weekend, by Washington’s neo-conservative hawks, who started agitating for war even before the dust settled in lower Manhattan after the September 11, 2001 terrorist attacks.
Matters took a turn for the worse when the London Guardian reported the existence of a transcript, obviously leaked from a senior British official, of an exchange at the Waldorf Hotel in New York between US Secretary of State Colin Powell and British Foreign Minister Jack Straw just before Powell’s presentation of the evidence against Iraq before the United Nations Security Council February 5.
It quotes Powell, whose forceful case to the council was decisive in persuading US public opinion that Baghdad represented a serious threat, as being “apprehensive” about the evidence presented to him by the intelligence agencies. He reportedly expressed the hope that the actual facts, when they came out, would not “explode in their faces”. (At a Rome press conference on Monday, Powell insisted that he considered the evidence “overwhelming” when he spoke before the council.)
But it appears that Powell’s musing was accurate, as, after almost two months in uncontested control of Iraq, US troops and investigators have failed to come up with concrete evidence of an Iraqi WMD program, let alone an actual weapon.
The scenario of an uneasy Powell received a major boost in the accounts of the three newsweeklies. US News reported, for example, that during a rehearsal of Powell’s presentation at Central Intelligence Agency (CIA) headquarters on February 1, the normally mild-mannered retired general at one point “tossed several pages in the air. ‘I’m not reading this’, he declared. ‘This is bullshit’.“
The same magazine also reported that the Defense Intelligence Agency (DIA) formally concluded that “there is no reliable information on whether Iraq is producing and stockpiling chemical weapons” in September 2002, just as Pentagon chief Donald Rumsfeld was telling Congress that the Baghdad “regime has amassed large, clandestine stockpiles of chemical weapons, including VX, sarin, cyclosarin and mustard gas”.
The accounts of Newsweek and Time were similarly damning. One “informed military source” told Newsweek that when the US Central Command (CENTCOM) asked the CIA for specific WMD targets that should be destroyed in the first stages of the invasion, the agency only complied reluctantly. But what it provided “was crap”, a CENTCOM planner told the magazine, consisting mainly of buildings that were bombed in the first Gulf War in 1991.
If true, that contradicts a series of bald assertions by administration officials and their supporters over the last nine months. “Simply stated,” Vice President Dick Cheney declared in the first call to arms last August, “there is no doubt that Saddam Hussein now has weapons of mass destruction”.
“We know where [the WMD] are,” declared Rumsfeld in a television interview March 30, well into the first week of the war. “They’re in the area around Tikrit and Baghdad and east, west, south and north somewhat.” He has since retreated from that certainty, suggesting last week that the Iraqis “may have had time to destroy them, and I don’t know the answer”.
There is also growing doubt about the evidence that Bush himself touted this weekend as proof — two truck trailers described by officials as mobile weapons-productions labs. According to a CIA report noted in the Slate Internet magazine, key equipment for growing, sterilizing and drying bacteria was not present in either trailer. Iraqi officials have said that the trailers were used to produce hydrogen for artillery weather balloons.
Matthew Meselson, a Harvard University expert on biological weapons who 20 years ago single-handedly debunked reports by senior Ronald Reagan administration officials — several of whom hold relevant positions in the Bush government — about the use by Soviet allies of mycotoxins against rebels in Laos and Afghanistan, has also expressed doubts about the trailers’ purpose, and called for the CIA to hand over the evidence to independent scientists to make an assessment.
Retired intelligence officials from both the CIA and the DIA are also coming out with ever-stronger statements accusing the intelligence community of twisting and exaggerating the evidence to justify war. They say that both agencies were intimidated by the political pressure exerted, in particular by neo-conservative hawks under Cheney and Rumsfeld, who even established a special unit in the defense secretary’s office to determine what intelligence was “missing”.
Much of the evidence on which the WMD case was based came from defectors supplied by the Iraqi National Congress (INC), an exile group headed by Ahmed Chalabi that has been championed by the neo-conservatives — including Deputy Defense Secretary Paul Wolfowitz, Cheney chief of staff I Lewis Libby and Defense Policy Board members Richard Perle, Kenneth Adelman and James Woolsey — for more than a decade.
Retired senior CIA, DIA and State Department intelligence officers, including the CIA’s former counter-terrorism chief Vince Cannistraro and the DIA’s former chief of Middle East intelligence W Patrick Lang, have also spoken bluntly to reporters about what they call the administration’s corruption of the intelligence process to justify war.
Both the CIA and State Department have long distrusted the INC and Chalabi, in particular, although he remains the Pentagon’s favorite for leading an interim government in Baghdad.
All of this has outraged the administration, which insists that the intelligence community was united in its assessment about the existence of WMD, and its neo-conservative defenders. The Wall Street Journal on Monday accused the “French and the European left” of trying to tarnish the US victory and charged that discontent among CIA analysts was spurred by resentment of Rumsfeld.
But even the Journal appeared to be moving away from its previous position that Iraq’s alleged WMD constituted a threat to the US and its allies. “Whether or not WMD is found takes nothing away from the Iraq war victory,” it said, citing the gains made in human rights by Saddam Hussein’s demise.
Nonetheless, what the administration knew about WMD and when it knew it — to paraphrase the famous Watergate questions — are now claiming the limelight, to the administration’s clear discomfort. On Sunday, the powerful chairman of the Senate Foreign Relations Committee said that he hoped to begin hearings — with the Select Committee on Intelligence — before the July 4 recess, while the ranking member of the House of Representatives Intelligence Committee has asked the CIA to produce a report by July 1 reconciling its pre-war assessments with actual findings on the ground.
This is exactly what I’ve been saying: The Disinformation Dam is bursting at the seams, folks! All the signs are there that the pretext of “weapons of mass destruction” as an excuse to invade Iraq was a lie — as if you didn’t know that already. What’s really important is that the mainstream American media is finally beginning to swarm all over the story — and better, the right-wing media (including righty bloggers) are absolutely livid about it.
The sheer outrage of the Right over any story is always an excellent indicator of how much credence the Right gives that story. In other words, the more pissed-off RW commentators get, the more you know they believe it’s true, too — and they’re running scared. Equally as predictable — and just as good an indicator — is the sudden infiltration of left-wing message boards by right-wingers with a sudden, renewed desperation to attack the left (and defend Bush). Believe it — I’ve seen it happen repeatedly, with monotonous regularity.
Now, listen: This is no time for you to sit back and breathe a sigh of relief because it appears the truth is finally coming to light. You have a job to do — and that job is to make sure the truth is hammered home to the American people.
Why just the American people? Because Joe Sixpack is still in the throes of denial — the last throes, mind you, but still stubbornly unwilling to see what’s right in front of his Coors-guzzling puss.
And why is Joe Sixpack cowering in this cocoon of denial? Joe isn’t stupid, and — while I often allude to American laziness and media-medicated dullness — the truth is that Joe knows in his gut that something is amiss, but (to lift a Jack Nicholson line), he can’t handle the truth.
There’s a most interesting thread going on at Democratic Underground, which I recommend you read if you’d like to get a bead on why Joe Sixpack refuses to hear what we’re trying to tell him.
Edjohn asks:
Why do most Americans approve of the President’s job performance?
Among the answers I favor:
“its a comfort thing… Is the pilot who is flying your plan competent? If your answer is no you are going to have a very unsettling, white-knuckle flight. Most people think the president (any president) is doing a good job because the alterative is just too terrible to contemplate.”
“Inability to entertain the idea they’ve been played for fools … But on a more personal and individual level (multiplied by millions), I’m afraid that a lot of Americans formed an emotional bond with [Bush] following 9/11. People were shocked, angry, fearful, and they needed reassurance and revenge. … To many people [Bush] came to embody patriotism and American values. … Psychologically and emotionally, it is nearly impossible for most people to admit to themselves that they were so profoundly deceived. By investing their trust and belief in [Bush], his agenda became theirs… Shrubco’s war was America’s war was THEIR war. To admit the war was a crime is tantamount to admitting being a criminal.”
“…the country was put through enormous trauma in the build-up to the war; trauma that has not been healed by the disastrous post-war chaos and failure to find WMDs; trauma that will be exacerbated as the US KIA count continues to climb (it will be over 500 by election day). I believe many of those so angry about the anti-war voices were expressing cognitive dissonance; were/are fighting to drown out the truth in their own minds.”
“Because they’re stupid and too proud to admit they were wrong about him.”
“Some people have a hard time admitting they are wrong. So they supported him and now they are stuck supporting him. Especially when they know people like me who won’t hesitate to tell them ‘I told you so.’”
Do read this thread — particularly the posts from “Emillereid,” discussing cognitive dissonance (which are much too long to quote here, but are absolutely fascinating if you have any interest whatsoever in the way the human mind rejects information — and offer some ideas for combatting resistance).
Now, go spread the word! Blog, baby, blog!
Posted by: Sapphocrat
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Filed Under: Afghanistan, Chemical Weapons/DU, Colin Powell, Donald Rumsfeld, George W. Bush, Iraq, Media, PNAC & PNACers, United Kingdom & N.I.