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I miss the McClelletron 2000, don't you?
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love, 99
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Obama and GOPers Worked Together to Kill Bush Torture ProbeSpectacular.
by David Corn
Wed Dec. 1, 2010 2:47 PM PST
A WikiLeaks cable shows that when Spain considered a criminal case against ex-Bush officials, the Obama White House and Republicans got really bipartisan.
In its first months in office, the Obama administration sought to protect Bush administration officials facing criminal investigation overseas for their involvement in establishing policies the that governed interrogations of detained terrorist suspects. An April 17, 2009, cable sent from the US embassy in Madrid to the State Department—one of the 251,287 cables obtained by WikiLeaks—details how the Obama administration, working with Republicans, leaned on Spain to derail this potential prosecution.
The previous month, a Spanish human rights group called the Association for the Dignity of Spanish Prisoners had requested that Spain's National Court indict six former Bush officials for, as the cable describes it, "creating a legal framework that allegedly permitted torture." The six were former Attorney General Alberto Gonzales; David Addington, former chief of staff and legal adviser to Vice President Dick Cheney; William Haynes, the Pentagon's former general counsel; Douglas Feith, former undersecretary of defense for policy; Jay Bybee, former head of the Justice Department's Office of Legal Counsel; and John Yoo, a former official in the Office of Legal Counsel. The human rights group contended that Spain had a duty to open an investigation under the nation's "universal jurisdiction" law, which permits its legal system to prosecute overseas human rights crimes involving Spanish citizens and residents. Five Guantanamo detainees, the group maintained, fit that criteria.
Soon after the request was made, the US embassy in Madrid began tracking the matter. On April 1, embassy officials spoke with chief prosecutor Javier Zaragoza, who indicated that he was not pleased to have been handed this case, but he believed that the complaint appeared to be well-documented and he'd have to pursue it. Around that time, the acting deputy chief of the US embassy talked to the chief of staff for Spain's foreign minister and a senior official in the Spanish Ministry of Justice to convey, as the cable says, "that this was a very serious matter for the USG." The two Spaniards "expressed their concern at the case but stressed the independence of the Spanish judiciary."
Two weeks later, Sen. Judd Gregg (R-N.H.) and the embassy's charge d'affaires "raised the issue" with another official at the Ministry of Foreign Affairs. The next day, Zaragoza informed the US embassy that the complaint might not be legally sound. He noted he would ask Cándido Conde-Pumpido, Spain's attorney general, to review whether Spain had jurisdiction.
On April 15, Sen. Mel Martinez (R-Fla.), who'd recently been chairman of the Republican Party, and the US embassy's charge d'affaires met with the acting Spanish foreign minister, Angel Lossada. The Americans, according to this cable, "underscored that the prosecutions would not be understood or accepted in the US and would have an enormous impact on the bilateral relationship" between Spain and the United States. Here was a former head of the GOP and a representative of a new Democratic administration (headed by a president who had decried the Bush-Cheney administration's use of torture) jointly applying pressure on Spain to kill the investigation of the former Bush officials. Lossada replied that the independence of the Spanish judiciary had to be respected, but he added that the government would send a message to the attorney general that it did not favor prosecuting this case.
The next day, April 16, 2009, Attorney General Conde-Pumpido publicly declared that he would not support the criminal complaint, calling it "fraudulent" and political. If the Bush officials had acted criminally, he said, then a case should be filed in the United States. On April 17, the prosecutors of the National Court filed a report asking that complaint be discontinued. In the April 17 cable, the American embassy in Madrid claimed some credit for Conde-Pumpido's opposition, noting that "Conde-Pumpido's public announcement follows outreach to [Government of Spain] officials to raise USG deep concerns on the implications of this case."
Still, this did not end the matter. It would still be up to investigating Judge Baltasar Garzón—a world-renowned jurist who had initiated previous prosecutions of war crimes and had publicly said that former President George W. Bush ought to be tried for war crimes—to decide whether to pursue the case against the six former Bush officials. That June—coincidentally or not—the Spanish Parliament passed legislation narrowing the use of "universal jurisdiction." Still, in September 2009, Judge Garzón pushed ahead with the case.
The case eventually came to be overseen by another judge who last spring asked the parties behind the complaint to explain why the investigation should continue. Several human rights groups filed a brief urging this judge to keep the case alive, citing the Obama administration's failure to prosecute the Bush officials. Since then, there's been no action. The Obama administration essentially got what it wanted. The case of the Bush Six went away.
Back when it seemed that this case could become a major international issue, during an April 14, 2009, White House briefing, I asked press secretary Robert Gibbs if the Obama administration would cooperate with any request from the Spaniards for information and documents related to the Bush Six. He said, "I don't want to get involved in hypotheticals." What he didn't disclose was that the Obama administration, working with Republicans, was actively pressuring the Spaniards to drop the investigation. Those efforts apparently paid off, and, as this WikiLeaks-released cable shows, Gonzales, Haynes, Feith, Bybee, Addington, and Yoo owed Obama and Secretary of State Hillary Clinton thank-you notes.
Treasury Shields Citigroup as Deletions Undercut Disclosure.
By Bob Ivry - Oct 25, 2010
The late Bloomberg News reporter Mark Pittman asked the U.S. Treasury in January 2009 to identify $301 billion of securities owned by Citigroup Inc. that the government had agreed to guarantee. He made the request on the grounds that taxpayers ought to know how their money was being used.
More than 20 months later, after saying at least five times that a response was imminent, Treasury officials responded with 560 pages of printed-out e-mails -- none of which Pittman requested. They were so heavily redacted that most of what’s left are everyday messages such as “Did you just try to call me?” and “Monday will be a busy day!”
None of the documents answers Pittman’s request for “records sufficient to show the names of the relevant securities” or the dates and terms of the guarantees. Even so, the U.S. government considers the collection of e-mails a partial response to an official request under the federal Freedom of Information Act, or FOIA. The Justice Department in July cited an increase in such responses as evidence that “more information is being released” under the law.
President Barack Obama vowed to usher in a new era of open government. On Jan. 21, 2009, the day after his inauguration and a week before Pittman submitted his FOIA request, Obama directed agencies to “adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA.”
Limits of Transparency
The saga of Pittman’s request shows that the promise of transparency has its limits when it comes to the government’s intervention in the financial industry, which at its peak reached $12.8 trillion in commitments. From the 2008 Bear Stearns Cos. rescue to the Federal Reserve’s policy of quantitative easing in 2010, the Obama administration has delayed disclosures and defended its right to secrecy in court, said Tom Fitton, president of Judicial Watch Inc., which describes itself as a conservative foundation.
“This is an unprecedented crisis for open government,” said Fitton, whose Washington-based organization says it sued the Bush administration 48 times over disclosure issues. “When it comes to the bank bailout, the Obama administration has made a decision to err on the side of secrecy.”
The Justice Department, which oversees disclosure for the executive branch, is “working specifically to encourage agencies to be as transparent as possible and release as much as possible,” said Melanie Ann Pustay, director of the department’s Office of Information Policy. “We view our efforts as an ongoing process.”
Openness Aids Recovery
More openness concerning the causes of the crisis and the government’s response would help the economy recover, said Joseph Mason, a finance professor at the Ourso College of Business at Louisiana State University in Baton Rouge.
“Investors who don’t have information are investors who refuse to place funds in markets,” Mason said. “If we want investment and economic growth to resume, we want to be forthright about what happened. The longer we keep investors in the dark, the longer that low economic growth will persist.”
The public has a particular interest in transparency regarding the government’s unprecedented intervention in capital markets because of its sheer size, said U.S. Representative Darrell Issa of California, the ranking Republican on the Committee on Oversight and Government Reform. He called the Obama administration “woefully inadequate” at fulfilling its promise of transparency.
Right to Know
“At a time when the role of government and more specifically the Treasury Department, through bailouts and stimulus, is responsible for administering trillions of dollars, there couldn’t be a more important time to uphold the American people’s right to know,” Issa said in an e-mail.
On Jan. 28, 2009, Pittman asked Treasury officials for details related to guarantees the agency had provided on securities held by Citigroup, American International Group Inc. and Bank of America Corp. Among other things, he asked for any contracts with outside firms hired to calculate the assets’ values.
In its response, Treasury said AIG didn’t participate in its Asset Guarantee Program. Likewise, despite some negotiations, the government and Charlotte, North Carolina-based Bank of America “never entered into a definitive agreement,” the response said.
Citigroup’s Largest Shareholder
That left Citigroup, in which the U.S. government was the largest shareholder as of Oct. 1, according to regulatory filings. Taxpayers’ stake, 12.4 percent, was three times the second-largest investor’s.
In the 560 pages of e-mails exchanged in the last two months of 2008 and January 2009, Treasury employees and their colleagues at the Federal Reserve Bank of New York discuss with attorneys the department’s $20 billion investment in New York- based Citigroup and the $301 billion in guarantees. Both followed an initial $25 billion investment in Citigroup through the Troubled Asset Relief Program in October 2008.
The Treasury Department also released 169 pages that included a “Securities Purchase Agreement” between the bank, the agency and the Federal Deposit Insurance Corp. The document had previously been disclosed in a Jan. 16, 2009, Citigroup regulatory filing -- almost two weeks before Pittman sent his request.
Exemptions Cited
The department held back 866 more pages, saying each was exempt from disclosure on one of four grounds: trade secrets, personnel rules and practices, memos subject to attorney-client privilege and violations of personal privacy.
Treasury also cited the trade-secrets exemption in responding to a separate, similar FOIA request by Bloomberg News for details about Citigroup’s segregated bad assets. In that response, 73 of 104 pages were completely blacked out except for headings. Only six pages -- the cover, contents, a boilerplate list of legal disclosures and a paragraph titled “FOIA Request for Confidential Treatment” -- were free of redactions.
The department’s reply to Pittman’s request will count statistically as a “partial response,” in government reports, said Hugh Gilmore, Treasury’s FOIA public liaison. The response “adhered to the rules, regulations, U.S. attorney general guidance and relevant case law that govern FOIA,” Steven Adamske, a Treasury spokesman, said in an e-mail.
Right of Appeal
People who aren’t satisfied with federal agencies’ responses under FOIA can appeal to them first, and then file civil lawsuits in U.S. District Court to try to force more disclosure.
Bloomberg LP, the parent company of Bloomberg News, sued the Fed over another Pittman FOIA request that sought the names of banks that took emergency loans from the central bank. The company has prevailed in U.S. District Court and on appeal. The Fed, which has not released the information, has until tomorrow to decide whether to ask the U.S. Supreme Court to consider the case.
Like the Treasury Department, the central bank cited the exemption for trade secrets, known as exemption 4, in withholding details about borrowers. Its lawyers argued that disclosing the banks’ identities would put the institutions at a competitive disadvantage and make them less likely to seek emergency loans in the future.
In an Aug. 24, 2009, ruling, Chief U.S. District Judge Loretta A. Preska in Manhattan disagreed.
‘An Inherent Risk’
“The risk of looking weak to competitors and shareholders is an inherent risk of market participation; information tending to increase that risk does not make the information privileged or confidential,” Preska wrote. The Fed “would seemingly sweep within the scope of Exemption 4 all information about borrowers that anyone throughout the entire marketplace might consider to be negative. The exemption cannot withstand such inflation.”
Pittman’s request for the Treasury Department records spent months in limbo, according to discussions with the agency’s employees. He had waited about 10 months for a response when he died on Nov. 25, 2009. Shortly afterward, Michael Galleher, an attorney working on contract for the Treasury Department, called Bloomberg News, asking where he could send the responsive documents. Attempts to return Galleher’s call failed; he couldn’t be found at the agency.
A December call to Gilmore, the FOIA liaison, was returned by Daneisha White, a FOIA officer, who suggested calling Michael C. Bell, the FOIA manager in the Office of Financial Stability. Bell referred questions back to Gilmore.
Meanwhile, that month, Citigroup repaid $20 billion of its bailout money and terminated the asset guarantees.
Searching for Records
Gilmore called back in January, saying Galleher had left the agency at the end of 2009. He and his colleagues would search for Pittman’s FOIA documents, he said, because they weren’t sure where they were.
In April came a call from Galleher. He said that he had returned to work at Treasury’s FOIA office, that he had the relevant documents for Pittman’s request and that he would send them that week.
“I need to clear the old requests,” he said.
The office where Gilmore works, which has the equivalent of 26 fulltime employees, handled 890 FOIA requests in fiscal 2009, according to Treasury’s annual FOIA report to the attorney general. It had 1,766 requests pending at year’s end.
Government bureaucracies often aren’t staffed enough to respond adequately to requests for public records, said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Arlington, Virginia. In addition, she said, they’re simply not motivated to disclose.
‘Disappointed? Yeah’
“Agencies get in far more trouble for releasing information than they do for not,” she said. “Am I disappointed in the Obama administration? Yeah.”
In May, Galleher reported that he would have something to send soon. He said the same thing in June, and then in July. Part of the holdup was caused by the governmentwide practice of giving private companies a chance to object to the disclosure of requested documents, he said. Doing so ensures that companies continue to cooperate with the executive branch by providing records without fear they’ll be made public without review, said Pustay of the Justice Department.
Neither Citigroup nor the Treasury Department would discuss which redactions, if any, the bank sought on Pittman’s request. Shannon Bell, a spokeswoman for the bank, declined to comment.
“We have no obligation to explain how much of Citi’s recommendations we accepted and in what ways we decided to differ,” Adamske, the Treasury spokesman, said in an e-mail.
Second-guessing the government’s response to the financial crisis is not useful, said Wilbur Ross, the New York billionaire who runs the private-equity firm WL Ross & Co.
“As far as I can tell, there is no evidence of any impure motivation in connection with any of the big decisions,” Ross said in an e-mail. “To me that is the issue, not whether you or I would have come to the same conclusion.”
I like the tag line....
Disempowered, disgusted, demoralized....
What the filthy polemicizing accomplishes....
RT interviews Julian Assange....
Democracy Now! really interviews Julian Assange....
Heh, no shit, Sherlock....
Nothing to see here, move along....
Vive la France....
US judge bans Guantanamo witnessHow much of this does it take?
Court delays start of the first civilian trial for a Guantanamo Bay detainee citing irregularities with state witness.
Last Modified: 06 Oct 2010 16:04 GMT
The first civilian trial for a Guantanamo Bay detainee has been delayed after a judge told prosecutors they cannot call their star witness.
Lewis A Kaplan, the US district judge, blocked the government on Wednesday from calling a man who authorities said, sold explosives to Ahmed Khalfan Ghailani, the defendant.
Defence lawyers say investigators only learned about the witness after Ghailani underwent harsh interrogation at a secret CIA-run camp overseas between 2004 and 2006.
"The court has not reached this conclusion lightly," Kaplan wrote. "It is acutely aware of the perilous nature of the world in which we live. But the constitution is the rock upon which our nation rests. We must follow it not when it is convenient, but when fear and danger beckon in a different direction."
The government immediately asked for a delay of the trial, which had been expected to begin with opening statements on Wednesday, so that it has time to appeal the ruling, should it decide to do so.
The judge sent a pool of 66 jurors home until Tuesday, but not before warning them to avoid following the case on the news or discussing it with anyone.
Ghailani is charged with conspiring in the 1998 bombings of two US embassies in Africa.
The attacks killed 224 people, including a dozen Americans.
The judge issued his written three-page ruling after a hearing three weeks ago in which Hussein Abebe, the witness, testified about his dealings with authorities.
"The government has failed to prove that Abebe's testimony is sufficiently attenuated from Ghailani's coerced statements to permit its receipt in evidence," Kaplan wrote.
The defence had asked the judge to exclude Abebe's testimony on the grounds that it would be the product of statements made by Ghailani to the CIA under duress.
On that point, Kaplan said, "Abebe was identified and located as a close and direct result of statements made by Ghailani while he was held by the CIA. The government has elected not to litigate the details of Ghailani's treatment while in CIA custody. It has sought to make this unnecessary by asking the court to assume in deciding this motion that everything Ghailani said while in CIA custody was coerced."
The judge noted that he had previously rejected defence motions to dismiss the indictment on the grounds that Ghailani was deprived of a speedy trial and that his treatment by the CIA was so outrageous as to require termination of the charges.
For Immediate Release, June 10, 2010Futile Gesture #38,423....
Twenty-Seven to Go on Trial for Protesting the Obama Administration’s Failure to Close Guantanamo, Plan for Indefinite Detention, and Refusal to Prosecute Torture
Contact:
Jeremy Varon — M: 732-979-3119 — varon@aol.com
Helen Schietinger — M: 202-344-5762 — h.schietinger@verizon.net
WASHINGTON, D.C. — On Monday, June 14 twenty-seven will face trial stemming from arrests at the U.S. Capitol on January 21, 2010 — the date by which President Obama had promised the closure of the Guantanamo detention camp. The human rights activists will hold a press conference outside the courthouse defending their protest, condemning the Obama administration’s continuation of Bush policies, and explaining their use in court of the “necessity defense.” The press conference will be held Monday, June 14th at 8:30 am, across from the Federal District Courthouse (333 Constitution Avenue, NW).
On January 21, twenty-seven people dressed as Guantanamo prisoners were arrested on the steps of the Capitol holding banners reading “Broken Promises, Broken Laws, Broken Lives.” Inside the Capitol Rotunda, at the location where deceased presidents lie in state, fourteen activists were arrested performing a memorial service for three men who died at Guantanamo in 2006. Initially reported as suicides, the deaths may have been — as recent evidence suggests — the result of the men being tortured to death (see Scott Horton, “Murders at Guantanamo", March 2010, Harper's).
“The continued operation of the prison camp at Guantanamo is unacceptable,” Matthew W. Daloisio of Witness Against Torture. “If Guantanamo was a foreign policy liability and stain on the rule of law on day one of the Obama presidency, it surely is eighteen months later.”
“The deaths at Guantanamo show how barbaric US policies have been,” says Helen Schietinger, a defendant in the trial. “We are still waiting for accountability for those who designed and carried out torture policies under President Bush. Obama can’t restore the rule of law if he doesn’t enforce the law.”
The human rights activists plan to mount a “necessity defense” before Judge Russell Canan. “We will be arguing that we broke the law only after exhausting all legal means of opposing a much larger crime—the indefinite detention, mistreatment, and torture of men at Guantanamo and other US prisons,” says Jerica Arents of Chicago, Illinois, another the defendants.
The January protests were the culmination of a twelve-day fast for justice and an end to torture organized by Witness Against Torture in Washington, DC. More than 100 people participated in the fast and daily actions throughout the nation’s Capital.
If in your travels you meet the Buddha, throw him through your tv set.
—Davis Fleetwood