by H.P. Albarelli Jr. and Jeffrey Kaye
Originally published at Truthout

On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.

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One of the reasons the Dog has always argued for a full investigation of the treatment of prisoners by the U.S. government is that the truths is going to come out sooner rather than later. For those who want to hide from accountability under the law later is always the better goal. The longer it takes for the abuses of the Bush Administration torture program to come to light the less likely there is to be an outcry and the more likely those who ordered and carried out torture are to elderly or dead.

Originally posted at Squarestate.net

Today the British government lost its appeal and was forced to disclose a new piece of the torture puzzle. In 2002 a British subject by the name of Binyam Mohamed was arrested in Pakistan. He claims he was tortured there, then sent to Morocco where he was also beaten and finally in 2004 sent to Guantanamo Bay. If Mr. Mohamed’s name seems familiar to you, it should. He is the man who claims he was tortured by a scalpel slicing his genitals.

What makes Mr. Mohamed’s case particularly galling (as if genital slicing was not enough) is that he has been released without ever being charged either by the British or the U.S.

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The Dog knows that today will mostly be consumed with the Massachusetts Senate special election, but there are things going on in the realm of the Bush administrations war crimes that need to be discussed. Yesterday Scott Horton of Harper's magazine published some new reporting on the June 9th 2006 “suicides” at Guantanamo Bay which highlights the need for the appointment of a Special Prosecutor to fully investigate the detention and torture of prisoners.

Originally posted at Squarestate.net

Something happened on the night of June 9th 2006. Three men died, their deaths were ruled suicides even though a Harper's says in his article:

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Yesterday the DC Court of Appeals upheld the Bush era assertion of presidential detention policies, even in the face of the Boumediene decision. For those who don’t obsessively follow the law like the Dog Boumediene was the case where the Supreme Court ruled that Guantanamo Bay prisoners had to be allowed to challenge their detention under habeas corpus filings.

Originally posted at Squarestate.net

In the matter of Al-Bihani v Obama the three judge panel upheld the ruling of District Judge Richard Leon. The ruling found that only domestic law applied to the presidents detention powers in a time of war. This of course ignores Article 7, paragraph 2 of the Constitution which reads;

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Court of Appeals panel found that this is not an issue when it states:

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Rep. Louise Slaughter (D-New York) said in a floor statement that the provision to amend the Freedom of Information Act was stripped from an earlier version of the bill, but the language was quietly reinserted in recent weeks, "apparently under direct orders from the administration."

The Obama administration will likely drop its Supreme Court petition challenging the release of photographs showing US soldiers abusing prisoners in Iraq and Afghanistan now that lawmakers are set to pass legislation authorizing the government to continue to keep the images under wraps.

On Thursday, the House approved a Department of Homeland Security spending bill that included a provision to amend the Freedom of Information Act (FOIA) and grant Defense Secretary Robert Gates the authority to withhold "protected documents" that, if released, would endanger the lives of US soldiers or government employees deployed outside of the country.

According to the bill, the phrase "protected documents" refers to photographs taken between September 11, 2001 and January 22, 2009, and involves "the treatment of individuals engaged, captured or detained" in the so-called "war on terror." Photographs that Gates determines would endanger troops and government employees could be withheld for three years.

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It looks as though the Center for Constitutional Rights is going to be the one to move the ball forward on getting the facts about the so called Enhanced Interrogation Techniques out, once again. Yesterday they learned of existence of video and audio tape evidence of the interrogation of the Mr. al Qahtani, the prisoner who was the victim of the “First Special Interrogation Plan” by the US Government.

"Originally posted at Squarestate.net"

This is more than a little bit of a big deal, as Mr. al Qahtani is the one of the Guantanamo Bay prisoners who the Susan Crawford, the Convening Authority of the Military Commissions said could not be brought to trial because the totality of his treatment in US custody since February 2002 amounted to torture. For those who don’t know, torture is not just defined by single acts like waterboarding, but under Federal and International law includes the totality of treatment.

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John Byrne reports this morning at RawStory:

President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.

The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold "combatants" without habeas corpus -- a legal term literally meaning "you shall have the body" -- which forces prosecutors to charge a suspect with a crime to justify the suspect's detention.

Obama's decision was buried on page A 23 of The New York Times' New York edition on Thursday. It didn't appear on that page in the national edition. (Meanwhile, the front page was graced with the story, "Richest Russian's Newest Toy: An N.B.A. Team.")

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Faced with impending defeat in a US District Court habeas corpus case, the Obama administration devised a new strategy for continuing the detention of Mohammed Jawad, an Afghani who may have been as young as 12 in 2002 when he allegedly wounded two US soldiers with a grenade.

Justice Department lawyers announced Friday that they would transform Jawad's indefinite detention as an enemy combatant at Guantanamo Bay into a criminal case, thus negating the habeas corpus hearing in Washington, DC, where Judge Ellen Segal Huvelle had accused the government of "dragging [the case] out for no good reason."

Jonathan Hafetz, an attorney with the ACLU's National Security Project and one of Jawad's lawyers, blasted the Obama administration for its "pathetic attempt to prolong an outrageous case and to manipulate the court system.

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On January 17, 2003, Mary Walker, the Air Force general counsel, received an urgent memo from the Pentagon's top attorney. Attached to the classified document was a set of directives drafted two days earlier by Secretary of Defense Donald Rumsfeld.

"Establish a working group within the Department of Defense to assess the legal, policy and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism," the directives said.

Among the issues to be addressed were "policy considerations with respect to the choice of interrogation techniques, including contribution to intelligence collection, effect on treatment of captured US military personnel, effect on detainee prosecutions, historical role of US armed forces in conducting interrogations, recommendations for employment of particular interrogation techniques by [Defense Department] interrogators."

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The International Committee of the Red Cross began an investigation of US war crimes in Iraq from the first days of the invasion, interviewing Iraqi captives from March to November 2003.

On January 15, 2004, Red Cross President Jakob Kellenberger expressed his concern to Secretary of State Colin Powell about the Bush administration's attitude regarding international law.

An ICRC January 16, 2004, news release, which summarized Kellenberger's meeting with Powell, said, "the ICRC is increasingly concerned about the fate of an unknown number of people captured as part of the so-called global war on terror and held in undisclosed locations."

Kellenberger, according to minutes of the meeting, "raised ICRC concerns over detention issues in Guantanamo Bay, Afghanistan and Iraq.

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