JONATHAN TURLEY

With the Democratic leadership continuing to block any impeachment effort or any serious effort to hold officials liable for the U.S. torture program, Congress was free to hold another bizarre hearing today to calmly discussed our use of torture. Even though current Attorney General continues to evade the question, former Attorney General acknowledged and defended water boarding.

Continue reading ‘Ashcroft Defends Waterboarding — Congress Calmly Discusses the U.S. Torture Program’

An explosive new book will disclose a Red Cross report that found that the Bush Administration committed clear acts of torture and that Bush Administration officials could be charged with war crimes. The book The book, “The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals,” by New Yorker writer Jane Mayer, gives details of the confidential report. I will be discussing its implications on MSNBC’s Countdown tonight. For the video, click here.
Continue reading ‘Book: Red Cross Informed Administration that Officials Could Be Tried for War Crimes’

In a curious move, the Bush Administration is now refusing a demand from the duly elected Iraqi government for a date of withdrawal. It appears that we are not done rescuing the Iraqis — no matter what the Iraqis may think. So it appears that a continued open-ended occupation now opposed by a majority of voters, a majority in Congress, and a majority of Iraqis will continue until the White House is satisfied. It appears that all that business about the freely elected government was simply aspirational.

Continue reading ‘Sorry, We’re Not Done Liberating You: Bush Administration Refuses To Yield To Iraqi Demand for Withdrawal’

A new study concludes that the “don’t ask, don’t tell” law does little in terms of actual military readiness and that openly gay soldiers would not significantly diminish morale or fighting capability in the U.S. military. If raised by reporters, the study could put pressure on Barack Obama, who is trying to move to the right in preparation for the general election. John McCain is expected to support the continuation of the current law.

Continue reading ‘Study: Openly Gay and Lesbian Have No Significant Impact on Morale or Fighting Capability’

For many, Army Pfc. Joseph Dwyer was the face of the United States invasion of Iraq: captured in a famous picture carrying an Iraqi child to safety. He has now become the face of the tens of thousands of walking wounded. This week he was found overdosed in an apartment after spending years struggling with post traumatic stress syndrome and poor military health care.

Continue reading ‘Walking Wounded: Soldier Made Famous in Iraq War Picture Dies of Overdose’

Dwight Sullivan, a colonel in the Marine Corps Reserve, has some crowing rights this week. He found a serious factual error in the majority opinion barring the death penalty for child rape defendants — a flaw that was missed by both the majority and dissenting justices in Kennedy v. Louisiana as well as all of the attorneys in the case. The error was flagged by Sullivan on CFlog.

Continue reading ‘Military Blogger Finds Flaw in Supreme Court’s Child Rape Ruling’

Mexican citizens are in an uproar over newly released videos which appear to show a U.S. contractor teaching Mexican policy how to torture suspects, including a crude variation of water boarding. The Mexican police have been repeatedly accused of torture and this video show them practicing such techniques as dragging people through their own vomit under the directions of a U.S. adviser. It appears that we are succeeding in exporting something to Mexico, but (to paraphrase Ross Perot) that “great sucking sound” is not the loss of jobs.

Continue reading ‘Shock Video: U.S. Contractor Allegedly Shown Teaching Mexican Police How to Torture Suspects’

For years, many have cited international and domestic law to show that President Bush has committed grave crimes in office. Now, the Court of Appeals has enlisted Lewis Carroll and his poem “The Hunting of the Snark” to bring home the point in it ruling against the Administration in the case of a Huzaifa Parhat, a Chinese Muslim held at Guantanamo Bay.
Continue reading ‘The Poetry of Presidential Abuse: The D.C. Circuit Rules Against the President With “Snarky” Poem’

Outside Baghdad, an Iraqi official killed at least three soldiers, including at least one American soldier, after he pulled out an AK 47 at the City Council building. The Americans were present to celebrate the opening of of a park in al-Maaden.
Continue reading ‘Iraqi City Councilman Kills Three Soldiers After Friendship Ceremony’

Tran Trong Duyet is hardly someone with a great deal of credibility: he is the former head of the notorious Hoa Lo prison — better known as the Hanoi Hilton. While Duyet has come out for McCain, he has accused him of lying about the torture that he endured. Now, all he needs is a 527 designation and we will be set for November with new Swift Junk ads out of Hanoi.

Continue reading ‘Swift Boat (Vietnam Edition): Vietnam Jailer Accuses John McCain of Lying About Torture in the Hanoi Hilton’

The respected Massachusetts-based group Physicians for Human Rights has published a report finding that 11 former detainees showed clear signed of torture in medical examinations following their release from Guantanamo Bay, Cuba, and Afghanistan.. The detainees were released for lack of evidence of terrorism.

Continue reading ‘Medical Report Finds Evidence of Torture of Detainees Later Found to be Innocent’

In yet another story alleging an intentional falsehood from the Bush Administration given to the public and Congress, the Washington Post is reporting that Bush Administration officials began laying the foundations for a torture program using waterboarding long before there was any request or inquiry from field interrogators — a direct contradiction of what the Administration has been saying for years.

Continue reading ‘Administration Reportedly Planned for Torture Program Months Before Any Request from Field Interrogators’

The Army Times has an incredible insight into the trauma of serving in Iraq for our soldiers in its story of 1st Sgt. Jeff McKinney and his tragic death. The increase in suicides is an often overlooked measure of the cost of this ill-conceived invasion.
Continue reading ‘A Soldier’s Suicide Story’

The Marine Corps has announced that David Motari — the Marine Lance Corporal made infamous by his video tossing a puppy off a cliff in Iraq — will be expelled from the Corps. Another Marine involved in the incident — Marine, Sgt. Crismarvin Banez Encarnacion — will receive nonjudicial punishment.

Continue reading ‘Semper Fido: David Motari Expelled From Marine Corps Over Puppy Tossing Video’

What does it take to get a defense contract in the Bush Administration? After awarding a $300 million contract to a 22-year-old man, Efriam E. Diveroli, who sold defective arms to our Afghan allies, it has now been reported that the Defense Department has awarded an $80 million contract to indicted Saudi financier Gaith Pharaon. The level of sheer incompetence in such contracts is staggering.

Continue reading ‘U.S. Military Awards $80 Million Contract to Indicted Saudi Financier’

In a shocking development, a Jaffa military court has reportedly blocked the demotion of three Israeli soldiers for abusing two Palestinian detainees this year. While the prosecutors and defense had agred to a demotion to privates for the staff sergeants, the court found that such punishment was unwarranted and ordered that they only be demoted to sergeant after serving five and a half months for their crimes.

Continue reading ‘Israeli Military Court Blocks Demotion of Soldiers Who Abused Two Palestinian Youths’

A U.S. Marine had a curious way to show Iraqis that we are not crusaders in the country to claim their country for Jesus: he passed out Christian coins at a checkpoint. Iraqis complained and the Marine has been pulled for duty in Falluja.

Continue reading ‘Checkpoint Jesus: Marine in Iraq Removed From Duty Due to Religious Proselytizing’

The Ninth Circuit has handed down an important decision on gay rights and the military. The three-judge panel did not strike down the “don’t ask, don’t tell” policy but it did reinstate the lawsuit of Major Margaret Witt, a decorated Air Force nurse. The ruling forces the government to prove that the policy advances an important government interest. Continue reading ‘Don’t Ask, Don’t Tell . . . But Do Explain: Court Reinstates Lawsuit by Lesbian Dismissed by Military’

A week ago, Iraqi militiamen made a shocking discovery: a Quran (Koran) used for target practice, riddled with bullets, and the words “F*** yeah” scrawled inside. U.S. officials are scrambling to make amends in fear of a major backlash across Iraq.

Continue reading ‘Iraqi Outcry After Quran Used for Target Practice by U.S. Troops’

The Bush Administration is continuing to claim that it can torture prisoners in violation of international law despite the so-called “torture bill” and pledge of the President to comply with international rules. Congress, which has protected the president from any criminal investigation, is again professing shock and outrage in the longest institutional imitation of Claude Rains in history. Continue reading ‘Bush Administration Re-Asserts Right to Torture’

Soldier Jeremy Hall is the atheist in the foxhole that everyone says does not exist. Perhaps for that reason, some people seem quite upset to find him there - debunking the idea that belief in God is a prerequisite for being a good soldier. Hale, 23, is now suing Defense Secretary Roberts Gates over what he claims is harassment and discrimination over his non-religious views. Continue reading ‘Atheist in the Foxhole: Soldier Sues Gates for Discrimination’

Rep. Duncan Hunter (R-Alpine), a member of the House Armed Services Committee comes out in an article in the Los Angeles Times in favor of the Feres Doctrine — a controversial rule that has effectively stripped military personnel of their ability to sue for even the most gross negligent acts by military doctors and managers. The article reports growing demands for the long-awaited termination of the doctrine. Continue reading ‘Duncan Hunter Comes Out In Favor of Infamous Feres Doctrine’

According to the German magazine Der Spiegel, German citizen Gholam Ghaus Z., 41, had been held since January in Afghanistan after he tried to buy a shaver in a U.S. military supermarket. The four-months of confinement that followed has not been justified by the U.S. government and has become a matter of tensions between the two countries. This follows the case of German Turk Murat Kurnaz who spent almost five years in US military camps in Afghanistan and Guantanamo Bay despite a lack of evidence of terrorism, in the view of the Germans. The Bush Administration, however, is holding the line it appears at keeping our shavers out of the hands of Al Qaeda to avoid an escalation to nose clippers and that quintessentially American product, the Thigh Master. Continue reading ‘Getting the Schtick Kicked Out of You: German Citizen Allegedly Held for Months by U.S. in Afghanistan After Trying to Buy Electric Shaver in Military Store’

There is a controversy brewing over at Wikipedia. Someone at the office of the Army Deputy Chief of Staff for Intelligence appears to have edited out an article about Major Alan Rogers, who died serving this country in Iraq. The Pentagon editor apparently objected to the recognition of the fact that Rogers was not only a hero, but gay. Continue reading ‘Pentagon Accused of Editing Out Wikipedia Reference to Solider’s Sexual Orientation’

In what is surely going to be fodder for months to come, President Bush responded to a briefing on the difficulties faced in Afghanistan by saying that he is envious of those able to be on the front lines. Given the controversy of his perceived avoidance of combat in Vietnam, it seems a rather curious and belated lust for battle. Continue reading ‘Belated but Combat Ready: Bush Says He is Envious of Soldiers Fighting on the Front Lines’

So this is why “there are no atheists in a foxholes.” Army Spc. Jeremy Hall says in a lawsuit that he was told that he could not be promoted because one of the jobs would be to pray with his soldiers. Of course, if true, this would mean that a puppy thrower like Marine Lance Corporal David Motari would be eligible so long as he professes to believe in God. Otherwise, you have no right to die for th e country unless you think that you will go to heaven. This could be a significant case in the making. Continue reading ‘Atheist in a Foxhole: Soldier Sues Over Discrimination on the Basis of Faith (Or the Fact Thereof)’

While some commentators have rushed to suggest that the puppy shown in this video was either dead or stuffed, the accused Marine has reportedly posted an apology. David Motari has been named as the Marine in the video, though the Marines are still investigating. In what is purported to be a posting from him below, he blames the stress of combat.

Continue reading ‘Semper Fido: David Motari Allegedly Apologizes for Throwing Puppy Over Cliff’

The United States Marines Corps is finally responding to international outrage over Marines the video below of a Marine throwing a puppy over a rocky cliff in Iraq. The Marine is called by the name Motari on the video and bloggers believe that they have identified the culprit.
Continue reading ‘Semper Fido: Investigators Close in on Marine Who Threw Puppy Off Cliff’

Defense Department General Counsel William Haynes has resigned after a disclosure by the former chief prosecutor for the Guantanamo military commissions, Col. Morris Davis, involving Haynes’ view of the true function of the military trials: to blindly impose guilty verdicts. Davis revealed that Haynes insisted that the military tribunals only produce convictions and no acquittals — leading to the demand of various military lawyers to be transferred. Haynes is the very same person that the White House and GOP fought to be made a federal judge. Continue reading ‘Top Bush Official Resigns After Reports that He Demanded Only Convictions from the Military Tribunals’

Remember the horrific accounts of how Al Qaeda used two women with Down Syndrome to carry out attacks killing roughly 100 people in Baghdad in February? It turns out that there is no evidence that they had any physical or mental ailments and may not have any connection to Al Qaeda. It turns out the the account of the Down syndrome bombers was traced to Iraqi officials who reportedly based their view on the appearance of the women’ heads - which had been severed in the blasts. Continue reading ‘Government’s Account of Al Qaeda Using Two Down Syndrome Women as Bombers Debunked’

President Bush is trying to use his final eleven months in office to guarantee that someone — anyone — will be convicted in his controversial military commission tribunal system. After millions of dollars, international scorn, and years of litigation, the Administration wants to try six detainees in the system. Some are reportedly victims of torture. Having destroyed evidence of the torture, it appears that the subjects could also be terminated — the military indicated it will seek the death penalty and Bush himself is the ultimate appellate “decider.” Continue reading ‘A Tribunal in Search of a Purpose: Bush Seeks to Execute Six in Cuba in His Final Eleven Months’

With the Bush Administration seeking to execute six detainees at Cuba including one identified as the “20th hijacker,” this prior column on the line of previously identified “20th hijackers” might be helpful. Continue reading ‘Bush Administration Seeks to Execute the Latest “20th Hijacker”’

U.S. Sen. Jim DeMint, R-S.C., has called for Congress to strip the City of Berkeley, Calif., of federal funds because he does not agree with a slight to the Marine Corp. The Berkeley City Council voted this week to tell the U.S. Marine Corps to move its recruiting station outside the city’s downtown. What is astonishing is that DeMint has long defended federalism (as I do). There is no greater nightmare for states rights than the federal government taking in more taxes than it needs — only to give the money back to the states with strings attached. Thus, under this approach, states and cities will be denied money unless they conform their political judgments to the will of the Senate. It is a good thing that George Mason is safely six-feet under ground. Continue reading ‘So Much For Federalism: Republican Senator Asks Congress to Strip Berkeley of Federal Funds in Retaliation for Slight to Marines’

There is an interesting fight brewing over the arrest of Chris Wilson. Wilson is hardly Thomas Paine, unless Paine dabbled in porn. Wilson, 28, is the founder and manager of a controversial site, nowthatsfuckedup.com, where guys post sexually explicit shots of their wives and girlfriends. Nice. However, recently Wilson began to post explicit and disturbing pictures of the carnage from Iraq, photos reportedly sent by soldiers posted abroad. In October, Wilson’s home was raided, his computer seized, and he is now facing life in prison. Beneath the gore and porn, Wilson may have a valid first amendment case. Continue reading ‘Chris Wilson’s War: Publisher of Iraqi War Dead Arrested and Computer Seized: Was it Porn or Politics?’

In a late night announcement, the CIA has admitted that it destroyed the tapes of the interrogation of al-Qaida leader Abu Zubaydah — tapes that no only confirmed the use of torture by the Bush Administration but specifically sought by federal courts.  The CIA further states that the it told the oversight committees in Congress — suggesting that Democrats knew for years that the evidence was destroyed. Continue reading ‘CIA Admits Destroying Interrogation Tapes — Says Congressional Leaders Knew for Years’

A district court has ordered a military contractor to pay $5 million in damages to the family of Army Lt. Col. Dominic “Rocky” Baragona for his death in Iraq. It is a case that could open the door to more lawsuits against contractors in Iraq. Continue reading ‘Contractor Ordered to Pay $5 million to Family of Soldier Killed in Iraq’

Senators Ted Kennedy and Arlen Spector are drafting legislation to finally address the widespread abuse of the military and state secrets privilege, a law that would require courts to seriously review the basis and scope of these assertions. As lead counsel in the Area 51 cases involving the privilege, it is welcomed and long over-due news.  Continue reading ‘Kennedy and Spector To Offer State Secrets Legislation’

It appears that the number of wounded soldiers in Iraq and Afghanistan is much higher than reported by the U.S. military. The official toll is 30,327. Continue reading ‘Military Failed to Disclose 20,000 Wounded’

The U.S. military is helping build a case against journalist, Bilal Hussein, an award-winning photographer in Iraq. Continue reading ‘Military to Turn Over AP Journalist for Iraqi Trial’

The costs of the wars in Iraq and Afghanistan are estimated to total $1.6 trillion, according to a new report by Congress’ Joint Economic Committee. Continue reading ‘War Bill: $1.6 trillion or $20,900 per family’

The key to the claims over WMDs by the Bush Administration to justify the Iraq invasion was its source known only as “Curve Ball.” CBS Sixty Minutes now claims to know who he is and has revealed that he is an accused thief and not any sort of expert. Continue reading ‘Sixty Minutes Outs Curve Ball’

Rights on the Rack: Alleged torture in terror war imperils U.S. standards of humanity Continue reading ‘U.S. Torture and the Loss of American Identity’

A civilian judge has stopped a court martial for an accused deserter. Continue reading ‘Federal Court Stops Court-Martial of Iraq War Objector’

Karlene Chambers, of Pembroke Pines, Florida had a considerable surprise after her C-Section: the doctor had left a foot-long sponge in her body. It is one of the most common examples of surgical malpractice is leaving sponges in the bodies of patients. Continue reading ‘Doctors Liable for Foot-Long Sponge Left in Patient After Surgery’

A new report shows that the Bush Administration may have continued its endorsement of tactics viewed as torture in secret despite public claims to the contrary. Continue reading ‘Justice Department Continued to Endorse Possible Torture in Secret Memo’

The Army appears to have solved an age-old problem with getting a college education: going to college. Continue reading ‘The Army Offers College Credits Without the Need of Going to College’

In what is shaping up to be a very interesting defamation case, a federal judge has ordered Rep. John Murtha to testify in a defamation lawsuit filed against him for commenting on an alleged Iraqi massacre. Continue reading ‘Murtha Must Testify in Defamation Case’

The Bush Administration has finally yielded to international demands and offerred legal representation to high-value detainees. For the story, click here It represents the abandonment of one of the most hypocritical and controversial positions of the United States in its war on terror. Continue reading ‘Bush Administration Finally Yields to Demand for Lawyers for High-Value Detainees’

The military has long been accused of discrmination against agnostics and atheists. Despite the claim that “there are no atheists in foxholes,” many soldiers have fought for the country despite being agnostics or atheists. Their patriotism comes from faith in our country, but that is not enough for some military officers. Recently, wiccan families have protested the refusal to include their symbols on tombstones for fallen soldiers who gave their lives in Iraq and Afghanistan. Now, Spc. Jeremy Hall has filed a lawsuit saying that he was punished for trying to organize meetings for atheists and non-Christians in Iraq, including an effort to block his reenlistment. For the full story, click here

For years, academics have been divided over the movement to bar military recruiters from campus as a discriminatory organization. It is clear that the “don’t ask, don’t tell” policy is discriminatory and therefore violates the standard bar on potential employers who engage in discrimination based on race, religion, gender or sexual orientation. However, while I have been a vocal support of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but it represented a type of hypocrisy: we insist that we cannot allow discrimination but, if money is at stake, we will allow it. The only principled decision would have been bar the military regardless of the consequences. For an column on the issue, click here

Now Yale has reached its price. However, one must ask if, considering the outrage in court papers, this is like saying that we will allow racially discriminatory employers on campus if they offer us enough money. For the article, click here.

Published in January 2006

Following oral argument on Dec. 6, the U.S. Supreme Court is now pondering the wisdom of Solomon.

The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers. Law schools have rallied against the rule for violating their nondiscrimination policies as well as their constitutional rights of speech and association. In the balance are the right of Congress to condition the receipt of federal funds, the right of free speech-and literally billions of dollars that could be lost by schools unable to reconcile anti-discrimination policies with their receipt of federal money. Continue reading ‘The Solomon Amendment and Hypocrisy’