Archive for May, 2009
Torturing Democracy
Why the Pentagon Is Probably Lying About its Suppressed Sodomy and Rape Photos
By Naomi Wolf, AlterNet, May 30, 2009
Article
The Telegraph of London broke the news — because the U.S. press is in a drugged stupor – — that the photos President Barack Obama is refusing to release of detainee abuse depict, among other sexual tortures, an American soldier raping a female detainee and a male translator raping a male prisoner.
The paper claims the photos also show anal rape of prisoners with foreign objects such as wires and lightsticks. Retired Army Maj. Gen. Antonio Taguba calls the images “horrific” and “indecent” (but absurdly agrees that Obama should not release them — proving once again that the definition of hypocrisy is the assertion that the truth is in poor taste).
Predictably, a few hours later, the Pentagon issues a formal denial.
It is very likely that the Pentagon is lying. This is probably exactly what the photos show, because it happened. Precisely these exact sex crimes — these exact images and these very objects – — are familiar and well-documented to those of us who follow closely rights organizations reports of what has already been confirmed.
As I wrote last year in my piece on sex crimes against detainees, “Sex Crimes in the White House,” highly perverse, systematic sexual torture and sexual humiliation was, original documents reveal, directed from the top:
* President George W. Bush, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld and Secretary of State Condoleezza Rice were present in meetings where sexual humiliation was discussed as policy.
* The Defense Authorization Act of 2007 was written specifically to allow certain kinds of sexual abuse, such as forced nakedness, which is illegal and understood by domestic and international law to be a form of sexual assault.
* Rumsfeld is in print and on the record consulting with subordinates about the policy and practice of sexual humiliation, in a collection of documents obtained by the ACLU by a Freedom of Information Act filing compiled in Jameel Jaffer’s important book The Torture Administration.
The image of the female prisoner, probably Iraqi, being sexually assaulted? That image, or a similar one, has been widely seen in the Muslim world. Reports of the rape scenes described have also appeared in rights organizations summaries since 2004.
And scores of detainees who have told their stories to rights organizations have told independently confirming accounts of a highly consistent practice of sexual torture at U.S.-held prisons, including having their genitals slashed with razors, electrodes placed on genitals, and being told the U.S. military would find and rape their mothers………………………….
But what is far scarier about these images Obama refuses to release and that the Pentagon is likely to be lying about now, is that it is not the evidence of lower-level soldiers being corrupted by power — it is proof of the fact that the most senior leadership — Bush, Rumsfeld and Cheney, with Rice’s collusion — were running a global sex-crime trafficking ring with Guantanamo, Abu Ghraib and Baghram Air Base as the holding sites.
The sexual nature of the torture also gives the lie to Cheney’s and others’ defense of torture as somehow functional: The sexual perversity mandated from the top reveals that it was just plain old sick sadism gratified by a very sick form of pleasure. I also pointed out in “Sex Crimes in the White House” that the escalation of the sexual abuse showed the same classic pattern shown by sex criminals everywhere — you start with stripping the victim, keeping him or her completely in your power, and then you engage in greater and more violent excesses with more and more self-justification.
The lightsticks, for instance? We in the human rights world know about the lightsticks. Probably dozens of prisoners were sodomized with lightsticks. In the highly credible and very fully documented Physicians for Human Rights report, “Broken Bodies, Broken Lives,” doctors investigated the wounds and scars of former prisoners, did analysis of the injuries, assessed the independent verification of their stories, and reported that indeed many detainees had in fact been savagely raped with lightsticks and by other objects inserted into their rectums, many sustaining internal injuries.
This same report confirms that female military or other unidentified U.S.-affiliated personnel were used to sexually abuse detainees by smearing menstrual blood on their faces, seizing their genitals violently, or rubbing them in a sexual manner against their will. In other credible accounts collected by human rights organizations, many former prisoners in U.S.-held prisons report that they had been tortured or humiliated by female agents who appeared to be dressed like prostitutes.
Indeed, early on, intelligence spokespeople boasted in the New York Times of the use of female agents to sexually abuse and humiliate prisoners: it was called in their own material “invasion of space by a female.”…………………………………
Whom are we protecting by not releasing the photos? The victims? Hardly. It’s, as feminists have been saying for decades, not their shame. The perpetrators? Their crimes are archived; if not this administration, another may well obey the law and release the images, which are evidentiary (again: that rape and sodomy were directed form the top; prosecute those at the top).
These photos go to exactly why Obama is burning what is left of the shreds of the Constitution by calling for pre-emptive detention for about 100 detainees. It ain’t because they are “too dangerous,” his pathetic justification. It is because their bodies are crime scenes. It is because the torture, including possibly the sexual assault, they experienced is likely to be so horrific that if they were ever to have their day in court it is others whom Obama needs who would be incriminated.
In the 19th century, when a woman had been raped, or had experienced sexual abuse in the family, the paterfamilias would say she was crazy, get her declared “too dangerous” to be free, and lock her up forever so her story would be interred with her.
That is what Obama is trying to do with pre-emptive detention for these detainees.
Well, America? Do you want to live with this?
Remember: History shows categorically that once the state can lock “them” up without a fair trial, torture, rape them or sodomize them — well; sooner or later it will be able to do the same to your children or mine; or to you and me.
Naomi Wolf is the author of Give Me Liberty (Simon and Schuster, 2008), the sequel to the New York Times best-seller The End of America: A Letter of Warning to a Young Patriot (Chelsea Green, 2007).
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“Torturing Democracy”
by: Bill Moyers and Michael Winship, Saturday 30 May 2009,t r u t h o u t | Perspective
Article
In all the recent debate over torture, many of our Beltway pundits and politicians have twisted themselves into verbal contortions to avoid using the word at all.
During his speech to the conservative American Enterprise Institute last week – immediately on the heels of President Obama’s address at the National Archives – former Vice President Dick Cheney used the euphemism “enhanced interrogation” a full dozen times.
Smothering the reality of torture in euphemism, of course, has a political value, enabling its defenders to diminish the horror and possible illegality. It also gives partisans the opening they need to divert our attention by turning the future of the prison at Guantanamo Bay into a “wedge issue,” as noted on the front page of Sunday’s New York Times………..
No political party would dare make torture a cornerstone of its rejuvenation if people really understood what it is. And lest we forget, we’re not just talking about waterboarding, itself a trivializing euphemism for drowning.
If we want to know what torture is, and what it does to human beings, we have to look at it squarely, without flinching. That’s just what a powerful and important film, seen by far too few Americans, does. “Torturing Democracy” was written and produced by one of America’s outstanding documentary reporters, Sherry Jones. (Excerpts from the film are being shown on the current edition of Bill Moyers Journal on PBS – check local listings, or go to the program’s web site at www.pbs.org/moyers, where you can be linked to the entire 90-minute documentary.)……..
Unfortunately, as events demonstrate, the story is not yet history; the early chapters aren’t even closed. Torture still is being defended as a matter of national security, although by law it is a war crime, with those who authorized and executed it liable for prosecution as war criminals. The war on terror sparked impatience with the rule of law – and fostered the belief within our government that the commander-in-chief had the right to ignore it.
“Torturing Democracy” begins at 9/11 and recounts how the Bush White House and the Pentagon decided to make coercive detention and abusive interrogation the official US policy in the war on terror. In sometimes graphic detail, the documentary describes the experiences of several men who were held in custody, including Shafiq Rasul, Moazzam Begg and Bisher al-Rawi, all of whom eventually were released. Charges never were filed against them and no reason was ever given for their years in custody.
The documentary traces how tactics meant to train American troops to survive enemy interrogations – the famous SERE program (“Survival, Evasion, Resistance and Escape”) – became the basis for many of the methods employed by the CIA and by interrogators at Guantanamo and in Iraq, including waterboarding (which inflicts on its victims the terror of imminent death), sleep and sensory deprivation, shackling, caging, painful stress positions and sexual humiliation.
“We have re-created our enemy’s methodologies in Guantanamo,” Malcolm Nance, former head of the Navy’s SERE training program, says in “Torturing Democracy.” He adds, “It will hurt us for decades to come. Decades. Our people will all be subjected to these tactics, because we have authorized them for the world now. How it got to Guantanamo is a crime and somebody needs to figure out who did it, how they did it, who authorized them to do it … Because our servicemen will suffer for years.”
In addition to its depiction of brutality, “Torturing Democracy” also credits the brave few who stood up to those in power and said, “No.” In Washington, there were officials of conviction horrified by unfolding events, including Alberto Mora, the Navy’s top civilian lawyer, Maj. Gen. Thomas Romig, who served as judge advocate general of the US Army from 2001 to 2005 and Lt. Col. Stuart Couch, a former senior prosecutor with the Office of Military Commissions………
In another revealing and disturbing development, the former chief of staff to former Secretary of State Colin Powell, Lawrence Wilkerson, has suggested what is possibly as scandalous a deception as the false case Bush and Cheney made for invading Iraq. Colonel Wilkerson writes that in their zeal to prove a link between al-Qaeda and Saddam Hussein during the months leading up to the Iraq war, one suspect held in Egypt, Ibn al-Shaykh al-Libi, was water tortured until he falsely told the interrogators what they wanted to hear.
That phony confession, which Wilkerson says was wrung from a broken man who simply wanted the torture to stop, was then used as evidence in Colin Powell’s infamous address to the United Nations shortly before the invasion of Iraq in 2003. Powell says that everything in his speech was vetted by the CIA and that Wilkerson’s allegation is only speculation. We’ll never know the full story – al-Libi died three weeks ago in a Libyan prison. A suicide.
Or so they say.
No wonder so many Americans clamor for a truth commission that will get the facts and put them on the record, just as “Torturing Democracy” has done. Then we can judge for ourselves.
As the editors of The Christian Century magazine wrote this week, “Convening a truth commission on torture would be embarrassing to the US in the short term, but in the long run it would demonstrate the strength of American democracy and confirm the nation’s adherence to the rule of law…. Understandably, [the president] wants to turn the page on torture. But Americans should not turn the page until they know what is written on it.”
Bill Moyers is managing editor and Michael Winship is senior writer of the weekly public affairs program Bill Moyers Journal, which airs Friday nights on PBS. Check local airtimes or comment at The Moyers Blog at www.pbs.org/moyers.
To: MSNBC, Cheney Lies/Ask Senator Levin
Levin: CIA Torture Documents Cheney Wants Don’t Prove Squat
The Plum LineGreg Sargent’s blog
There’s some important news about Dick Cheney and torture in a speech that Senator Carl Levin gave before the Foreign Policy Administration this week.
Specifically: Levin confirmed that he’d seen the classified CIA documents that Cheney has been asking the CIA to declassify and release — and said that they don’t prove Cheney’s claim that torture worked by any stretch.
Levin’s comments are highly newsworthy because they give us the most detailed picture yet of what’s in the documents Cheney wants. You can watch Levin’s speech right here at TPM. This is what Levin said about the documents:
“Mr. Cheney has also claimed that the release of classified documents would prove his view that the techniques worked. But those classified documents say nothing about numbers of lives saved, nor do the documents connect acquisition of valuable intelligence to the use of the abusive techniques. I hope that the documents are declassified so that people can judge for themselves what is fact and what is fiction.”
If this is true, it’s big. A Senator who has seen the documents Cheney claims will prove that torture saved lives says that those docs contain absolutely nothing about whether the torture techniques were actually responsible for yielding any valuable intelligence.
Networks such as MSNBC have given literally hours of airtime to Cheney and his daughter Liz to claim endlessly that these docs will prove Cheney’s torture assertions. These claims have gone almost entirely unchallenged, due to the classified nature of the documents. You’d think that a contrary claim from a well-respected Senator who has also seen the docs would merit a few passing mentions, too.
Bush: “This confrontation is willed by God…”
Evasive Action
by Charlie Smith
…the clipped possessive moment, the barber on his porch
cutting his son’s hair, who looks for a second straight into the sun
and then back at his son’s head now a golden, nodulous remnant,
a flower if he likes or Lenin’s bumpy skull, he puts his scissors down
and goes inside and apologizes to his wife, who doesn’t understand,
but who accepts his words like a private harvest she’s storing up,
and then the son, who’s going into the army, comes in, half cut,
and sees them and thinks he understands years of bickering,
but doesn’t, and goes on to the battlefield where he writes his sister
saying we are not far from the truth of things, watching beyond his hand
two scorpions pick at each other, and thinks of days by the river, of his
father recovering from cancer, singing a song his grandmother memorized in…..Vienna
and his father, who hated his own mother, cursing her, revoking the song,
and the next moment he’s blown apart and then sent home in a metal coffin
and the parents and the sister get up early on the day of his funeral
and eat breakfast silently on the porch, and this is going on barber after barber.
Facts About Judge Sonia Sotomayor
Article
1. HER UPBRINGING: Judge Sonia Sotomayor has arguably lived the American dream. She was born to a Puerto Rican family and grew up in a public housing project in the South Bronx.
Her father was a factory worker with a third-grade education, and died when Sotomayor was nine years old. Her mother raised Sotomayor while working as a nurse. After her father’s death, Sotomayor reportedly turned to books for solace, and she says it was her love of Nancy Drew books that ultimately led her to the law.
2. HER EDUCATION: Sotomayor graduated as valedictorian of her class at Blessed Sacrament and at Cardinal Spellman High School in New York. She won a scholarship to Princeton where she continued to excel, graduating summa cum laude and Phi Beta Kappa. She was a co-recipient of the M. Taylor Pyne Prize, the highest honor Princeton awards to an undergraduate. At Yale Law School, Judge Sotomayor served as an editor of the Yale Law Journal and as managing editor of the Yale Studies in World Public Order.
3. HER WORK OFF THE BENCH: After law school, Sotomayor spent five years as Assistant District Attorney in Manhattan, trying dozens of criminal cases. Robert Morgenthau, who chose her for the position, described her as a “fearless and effective prosecutor.” She entered private practice in 1984, working as an international corporate litigator handling cases involving everything from intellectual property to banking, real estate and contract law.
4. HER JUDICIAL EXPERIENCE: As Tom Goldstein of SCOTUSBlog writes, “Almost all of her career has been in public service — as a prosecutor, trial judge, and now appellate judge. She has almost no money to her name.” The White House notes:
If confirmed for the Supreme Court, Judge Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. …
In 1998, Judge Sotomayor became the first Latina to serve on the U.S. Court of Appeals for the Second Circuit, one of the most demanding circuits in the country. She has participated in over 3000 panel decisions and authored roughly 400 opinions, handling difficult issues of constitutional law, to complex procedural matters, to lawsuits involving complicated business organizations.”
(The New York Times has summarized her life (interactive time line).
5. HER STRUGGLE WITH DIABETES: Sotomayor is a Type One diabetic. She has been open about her diabetes in the past, noting that when she was diagnosed at he age of eight, it foiled her hopes of becoming an investigative detective like her heroine, Nancy Drew. While hardly a debilitating disease — indeed, recent medical advancements have made it quite manageable to live with — there remain enough late-in-life health implications to have sparked debate in legal, political and medical circles over whether it should be a factor in her nomination.
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6. SOTOMAYOR SUPPORTED BY REPUBLICANS: In 1992, Republican President George H. W. Bush appointed Sotomayor to the District Court for the Southern District of New York.
Later, in 1998, President Bill Clinton nominated her to the 2nd Circuit, and she was confirmed with bipartisan support in a 67-29 vote.
All Democrats voted in favor of Sotomayor (although three did not vote), while Republicans opposed her by a 29-25 majority. Among those Senators who are still in the chamber today, however, Sotomayor’s margin of confirmation was a bit more comfortable: 35-11.
Indeed, five current Republican Senators voted in favor of her nomination then: Sens. Collins, Gregg, Hatch, Lugar, Snowe. Among the no votes were current Minority Leader Mitch McConnell, current Minority Whip John Kyl and Sen. Jeff Sessions, currently the ranking Republican on the Judiciary Committee.
Additionally, the White House points out, “Known as a moderate on the court, Sotomayor often forges consensus and agreeing with her more conservative nominees far more frequently than she disagrees with them. In cases where Sotomayor and at least one judge appointed by a Republican president were on the three-judge panel, Sotomayor and the Republican appointee(s) agreed on the outcome 95% of the time.”
7. SOTOMAYOR ON ABORTION, GAY MARRIAGE: Sotomayor’s record on two key hot button cultural issues is thin. But, quite notably, her sole opinion regarding abortion was in line with the anti-abortion movement’s position. Some details from the anti-abortion site LifeNews.com:
“Despite 17 years on the bench, Judge Sotomayor has never directly decided whether a law regulating abortion was constitutional,” the pro-life group Americans United for Life noted in a recent analysis of potential Supreme Court candidates.
Sotomayor participated in a decision concerning the Mexico City Policy, which President Obama recently overturned and which prohibits sending taxpayer dollars to groups that promote and perform abortions in other nations.
Writing for the Second Circuit, Judge Sotomayor upheld the Mexico City Policy, but AUL says the significance of the decision “may be minimal because the issue was largely controlled by the Second Circuit’s earlier opinion in a similar challenge to the policy.”
AUL notes that Judge Sotomayor also upheld the pro-life policy by rejecting claims from a pro-abortion legal group that it violated the Equal Protection Clause.
That said, pro-choice groups hailed her nomination, with Planned Parenthood declaring that she “understands the importance of ensuring that our Supreme Court justices respect precedent while also protecting our civil liberties.”
Sotomayor has also not ruled on any cases involving gay civil rights, but gay legal activists described her positively:
Long-time gay legal activist Paula Ettelbrick said she met Sotomayor in about 1991 when they both served on then-New York Governor Mario Cuomo’s advisory committee on fighting bias.
“Nobody wanted to talk to the queer person at that time,” said Ettelbrick, who represented Lambda Legal Defense and Education Fund. “She was the only one [on the advisory committee] who made a point to come over and introduce herself. She was totally interested [in gay civil rights issues] and supportive.”
“From everything I know, Judge Sotomayor is an outstanding choice – fair and aware, open and judicious,” said Evan Wolfson, head of the national Freedom to Marry organization. “I believe she has the demonstrated commitment to principles of equal protection and inclusion that defines a good nominee to the Supreme Court. In choosing Judge Sotomayor, the first Latino candidate for the Supreme Court, President Obama has made a strong and appealing nomination that should and will receive the supportof those committed to equality for lesbians and gay men.”
8. SOTOMAYOR WOULD BE FIRST HISPANIC JUSTICE: If confirmed, Sotomayor would be the first Hispanic to ever serve on the Supreme Court. Tom Goldstein notes:
To Hispanics, the nomination would be an absolutely historic landmark. It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.
9. SOTOMAYOR “SAVED BASEBALL”: “During a brief period in 1995,” the New York Times reported, “Judge Sonia Sotomayor became revered, at least in those cities with major league baseball teams. She ended a long baseball strike that year, briskly ruling against the owners in favor of the players.” A bit more:
The owners were trying to subvert the labor system, she said, and the strike had “placed the entire concept of collective bargaining on trial.”
After play resumed, The Philadelphia Inquirer wrote that by saving the season, Judge Sotomayor joined forever the ranks of Joe DiMaggio, Willie Mays, Jackie Robinson and Ted Williams. The Chicago Sun-Times said she “delivered a wicked fastball” to baseball owners and emerged as one of the most inspiring figures in the history of the sport.
10. SOTOMAYOR ON THE CONSTITUTION AND “JUDICIAL ACTIVISM”: The ubiquitous conservative attack on Sotomayor stems from a 2005 statement she made describing the role appellate justices have in forming policy, which they claim is akin to an endorsement of “judicial activism.”
“All of the legal defense funds out there, they are looking for people with court of appeals experience because the court of appeals is where policy is made,” she said, laughing a bit through the next part: “And I know this is on tape and I should never say that because we don’t make law. I know. Okay, I know. I’m not promoting it. I’m not advocating it. I know.”
But as legal scholars have noted, Sotomayor’s statement is entirely factual:
“She’s not wrong,” said Jeffrey Segal, a professor of law at Stony Brook University. “Of course they make policy… You can, on one hand, say Congress makes the law and the court interprets it. But on the other hand the law is not always clear. And in clarifying those laws, the courts make policy.”
Eric Freedman, a law professor at Hofstra University, was equally dismissive of this emerging conservative talking point. “She was saying something which is the absolute judicial equivalent of saying the sun rises each morning. It is not a controversial proposition at all that the overwhelming quantity of law making work in the federal system is done by the court of appeals… It is thoroughly uncontroversial to anyone other than a determined demagogue.”
Indeed, during her 1997 confirmation hearing, Sotomayor spoke of her judicial philosophy, saying “I don’t believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it.”



The McGlynn



