not at all..this isn't the only thing Obama has blocked in the courts!!..but look the other way >>>>>>>..no no this way<<<<<<<<<<..no that way>>>>>>>>>
must be some grand chess game dont'cha think??????
woo hoo..we all need to put those changey blinders on..they should be cheap now, since they are needed for so much these days!!
but shhhhhhhhhhh..don't tell anyone around here the truth..it is verboten!!
5,4,3,2,1 any minute now you will be the enemy for bringing this up!
I have posted these things previously only to be severly critisized here...here is a recap of some ...
http://newsbusters.org/blogs/ken-shepherd/2009/04/24/media-largely-ignore-obama-doj-urging-court-drop-iran-hostage-lawsuitMSM Ignore Obama DOJ Urging Court to Drop Iran Hostage Lawsuit That Implicates Ahmadinejad
By Ken Shepherd
April 24, 2009 - 11:47 ET
While President Obama was extoling the virtues of wind power in an Earth Day speech, his Justice Department lawyers were attempting to scuttle a lawsuit filed in federal court against Iran by former U.S. embassy hostages. The lawsuit alleges that Iranian President Mahmoud Ahmadinejad was one of the hostage-takers who interrogated the captives.
Two days after the story broke on the Associated Press wire, it appears the mainstream media have virtually buried the story, with no televised coverage save for a brief mention on CNN and one story in the Boston Globe.
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Obama DOJ Seeks to Restrict Defendant's Right to Lawyer During Questioning
Obama DOJ Seeks to Restrict Defendant's Right to Lawyer During Questioning
http://www.talkleft.com/story/2009/4/23/22... Obama DOJ Seeks to Restrict Defendant's Right to Lawyer During Questioning
By Jeralyn, Section Crime Policy
Posted on Thu Apr 23, 2009 at 09:15:28 PM EST
More true colors?
The Justice Department is asking the Supreme Court to overrule Michigan v. Jackson, the 1986 Supreme Court decision that held that if police may not interrogate a defendant after the right to counsel has attached, if the defendant has a lawyer or has requested a lawyer.
he protection offered by the court in Stevens' 1986 opinion is especially important for vulnerable defendants, including the mentally and developmentally disabled, addicts, juveniles and the poor,
This isn't the first time the Justice Department, under President Obama, has sought to limit defendants' rights.
Since taking office, Obama has drawn criticism for backing the continued imprisonment of enemy combatants in Afghanistan without trial, invoking the "state secrets" privilege to avoid releasing information in lawsuits and limiting the rights of prisoners to test genetic evidence used to convict them.
The idea of overruling the decision originated with Justice Alito during oral arguments in the case of Jesse Montejo, a Louisiana death row inmate. Even some prominent former prosecutors and judges are not on board with changing the rule:
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http://news.bbc.co.uk/2/hi/americas/800659... CIA torture exemption 'illegal'
US President Barack Obama's decision not to prosecute CIA agents who used torture tactics is a violation of international law, a UN expert says.
The UN special rapporteur on torture, Manfred Nowak, says the US is bound under the UN Convention against Torture to prosecute those who engage in it.
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Khalid Sheikh Mohammed Was Waterboarded 183 Times in One Month
By: emptywheel Saturday April 18, 2009 11:57 am 550
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I've put this detail in a series of posts, but it really deserves a full post. According to the May 30, 2005 Bradbury memo, Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 and Abu Zubaydah was waterboarded 83 times in August 2002.
On page 37 of the OLC memo, in a passage discussing the differences between SERE techniques and the torture used with detainees, the memo explains:
The CIA used the waterboard "at least 83 times during August 2002" in the interrogation of Zubaydah. IG Report at 90, and 183 times during March 2003 in the interrogation of KSM, see id. at 91.
Note, the information comes from the CIA IG report which, in the case of Abu Zubaydah, is based on having viewed the torture tapes as well as other materials. So this is presumably a number that was once backed up by video evidence.
The same OLC memo passage explains how the CIA might manage to waterboard these men so many times in one month each (though even with these chilling numbers, the CIA's math doesn't add up).
...where authorized, it may be used for two "sessions" per day of up to two hours. During a session, water may be applied up to six times for ten seconds or longer (but never more than 40 seconds). In a 24-hour period, a detainee may be subjected to up to twelve minutes of water appliaction. See id. at 42. Additionally, the waterboard may be used on as many as five days during a 30-day approval period.
So: two two-hour sessions a day, with six applications of the waterboard each = 12 applications in a day. Though to get up to the permitted 12 minutes of waterboarding in a day (with each use of the waterboard limited to 40 seconds), you'd need 18 applications in a day. Assuming you use the larger 18 applications in one 24-hour period, and do 18 applications on five days within a month, you've waterboarded 90 times--still just half of what they did to KSM.
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Scott Horton on Democracy Now! today:
There’s a very strange factual issue here. President Obama says that we shouldn’t prosecute them because they relied on these memos. But a factual review is going to show that the CIA was using these techniques from April 2002, and these memos were commissioned and written, the first of them, in August of 2002. So it’s quite clear in fact that CIA agents were out in the field doing these things, not relying on these memos, with the memos not even being in contemplation.”
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Article 2 of Geneva is very clear…there is no excuse, none, for torturing anyone who falls under the jurisdiction of a signatory…under any circumstance. There are no excuses under Geneva. But apparently, in America’s failing democracy, there are excuses aplenty for ignoring the laws…
EDIT TO ADD:
The Eichmann defense has long since been accepted as providing no excuse.
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edit to add:
We know from the ICRC report this technique had been used, three years before Bradbury wrote his OLC memos, with Abu Zubaydah.
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http://emptywheel.firedoglake.com/2009/04/...
Did Holder Know About the “Significant Misconduct” When DOJ Claimed Sovereign Immunity?
By: emptywheel Wednesday April 15, 2009 8:19 pm 11
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On April 3, DOJ submitted a filing that argued that no citizen had the ability to sue if she had been wrongly wiretapped under Bush's illegal wiretap program. The government, DOJ claimed, had sovereign immunity that protected it from such suits.
As set forth below, in the Wiretap Act and ECPA, Congress expressly preserved sovereign immunity against claims for damages and equitable relief, permitting such claims against only a “person or entity, other than the United States.” See 18 U.S.C. § 2520; 18 U.S.C. § 2707. Plaintiffs attempt to locate a waiver of sovereign immunity in other statutory provisions, primarily through a cause of action authorized by the Stored Communications Act, 18 U.S.C. § 2712, but this attempt fails. Section 2712 does not erase the express reservations of sovereign immunity noted above, because it applies solely to a narrow set of allegations not presented here: where the Government obtains information about a person through intelligence-gathering, and Government agents unlawfully disclose that information. Likewise, the Government preserves its position that Congress also has not waived sovereign immunity under in FISA to permit a damages claim against the United States.
Today, just 11 days later, we learn that,
As part of investigation , a senior F.B.I. agent recently came forward with what the inspector general’s office described as allegations of “significant misconduct” in the surveillance program, people with knowledge of the investigation said. Those allegations are said to involve the question of whether the N.S.A. targeted Americans in eavesdropping operations based on insufficient evidence tying them to terrorism.
So when Eric Holder's DOJ made expansive claims arguing that no one could sue federal employees for being wrongly wiretapped under Bush's illegal program, did he know this revelation from Glenn Fine's investigation into the wiretapping program? When DOJ claimed sovreign immunity, were they thinking not so much of the Jewel plaintiffs, whose claim was focused on the dragnet collection of US person data, but of the Americans targeted in what Glenn Fine's office considers "significant misconduct"?
Because if Holder did know (and the timing suggests it is quite likely he did), it makes those cynical claims of sovereign immunity all the more disturbing.
Fine's investigation will contribute to the larger FAA-mandated Inspector General's for which there is a presumption of openness. In other words, even if this hadn't been leaked now, in April, it is supposed to be published in unclassified form in July.
Read the rest of this entry »
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http://emptywheel.firedoglake.com/2009/04/...
Lichtblau and Risen Report Illegal Wiretapping of Americans … Again
By: emptywheel Wednesday April 15, 2009 5:36 pm 26
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It's pretty pathetic that, three years after they first broke the story of the Bush's illegal wiretap program, Eric Lichtblau and James Risen are still reporting on illegal warrantless wiretapping of Americans.
Their story has two main revelations. First, in preparation for Holder's first semi-annual certification of the FISA program to the FISC, NSA realized it was not complying with the law.
In recent weeks, the eavesdropping agency notified members of the congressional intelligence committees that it has encountered operational and legal problems in complying with the new wiretapping law, according to congressional officials .
Officials would not discuss details of the over-collection problem because it involves classified intelligence-gathering techniques. But the issue appears focused in part on technical problems in the N.S.A.’s inability at times to distinguish between communications inside the United States and those overseas as it uses its access to American telecommunications companies’ fiber-optic lines and its own spy satellites to intercept millions of calls and e-mails.
One official said that led the agency to inadvertently “target” groups of Americans and collect their domestic communications without proper court authority.
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http://emptywheel.firedoglake.com/2009/04/... /
Does This Explain DOJ Reluctance to Turn Over AIG Monitoring Documents?
By: emptywheel Wednesday April 15, 2009 2:42 pm 17
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TPMM notes that DOJ has been reluctant to turn over to the Oversight Committee the documents pertaining to its Delayed Prosecution Agreement with AIG. Here are some data points that might begin to explain why DOJ would be reluctant to reveal what they knew about AIG and when they knew it.
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Seems some things never change..too bad we need Spain or other countries to lead the way in obeying laws and treaties!!!!!!
Obama to Appeal Detainee Ruling
Obama the candidate:
September 2008
Obama on the need for habeas corpus
http://www.youtube.com/watch?v=yl3RPSw_450... ...
Barack Obama - the Habeas Debate Sept 27 2006
http://www.youtube.com/watch?v=9BIylNUkmvo... ...
Obama on torture, detainees and enemy rights
http://www.youtube.com/watch?v=LjDaeyUdpJY
NOW TODAY?????????????
Obama to Appeal Detainee Ruling
By THE NEW YORK TIMES
Published: April 10, 2009
WASHINGTON — The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight.
In a court filing, the Justice Department also asked District Judge John D. Bates not to proceed with the habeas-corpus cases of three detainees at Bagram Air Base outside Kabul, Afghanistan. Judge Bates ruled last week that the three — each of whom says he was seized outside of Afghanistan — could challenge their detention in court.
Tina Foster, the executive director of the International Justice Network, which is representing the detainees, condemned the decision in a statement.
“Though he has made many promises regarding the need for our country to rejoin the world community of nations, by filing this appeal, President Obama has taken on the defense of one of the Bush administration’s unlawful policies founded on nothing more than the idea that might makes right,” she said.
http://www.nytimes.com/2009/04/11/world/as... ...
or
http://www.nytimes.com/2009/04/11/world/as... ...
A version of this article appeared in print on April 11, 2009, on page A6 of the New York edition.
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Obama has held onto the Unitary Presidency Powers
He has used signing statements
He has fought to "keep breaking" the FISA laws