There is an interesting exchange that has surfaced between a Stanford student and former Secretary of State Condoleezza Rice who is a Senior Fellow at the Hoover Institute at Stanford. The student confronted Rice about whether waterboarding is torture. She responded with a Nixonesque argument that, if the president ordered it, it cannot be a war crime. It sounds a lot like Nixon’s 1977 statement: “When the president does it, that means it is not illegal.” I discussed the Rice comment on this segment of Hardball.
Category: Justice
Associate Justice Antonin Scalia publicly lashed out at Fordham Law Professor Professor Joel Reidenberg who having his students compile a 15-page dossier on his private life. For civil libertarians, Scalia’s objections to a lack of privacy is analogous to Rep. Jane Harman’s outrage over being intercepted as part of the NSA warrantless program that she helped approve.
Continue reading “Scalia Slams Fordham Law Professor For Privacy Invasion”
Civil libertarians were a bit disappointed again in President Barack Obama’s press conference on Wednesday. While he reaffirmed that he views waterboarding to be torture (a well-established legal fact), he repeatedly referred to what the Bush Administration did as a “technique” of interrogation and a “mistake.” I discussed the Obama press conference and the torture issues on this segment of Rachel Maddow. I will be discussing these issues again on tonight’s Hardball.
Sheik Issa bin Zayed al Nahyan, the brother of the Crown Prince of the United Arab Emirates, Prince Mohammed, has been caught torturing a man that he accused of cheating him in a grain deal. Issa is shown shooting at the man who is bound in the sand and, with the help of a police officer, beating the man and forcing him to eat sand. The torture occurred at the royal ranch and was over a $5000 disagreement — for one of the world’s wealthiest individuals.
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There is an interesting copy of George W. Bush’s speech to the nation where he gave the position of the United States on the prosecution of war crimes — before Americans were accused of war crimes. Back then, Bush gave a standard that showed that he and his Administration knew that there is no “good faith defense” in committing war crimes. He insisted “War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, “I was just following orders.”
Continue reading “George W. Bush: “War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, ‘I was just following orders.’””
On Face the Nation this morning, Sen. John McCain became the latest figure to publicly state that the Bush Administration violated the Geneva Conventions and the U.N. Convention Against Torture. It is not clear how many international and domestic figures will have to publicly acknowledge these crimes before Attorney General Eric Holder will appoint a special prosecutor. I discussed the torture issue last night on this segment of MSNBC Countdown.
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In a true sign of the apocalypse, civil libertarians have something to agree on with Doug Feith (the former Bush Under Secretary of Defense for Policy) who is universally ridiculed for his role on some of the most disastrous policies of the Bush Administration. The Wall Street Journal ran an opinion editorial from Feith virtually daring the Obama Administration to investigate and prosecute any crimes related to the torture program. Obviously, Feith is widely viewed as a bit of a clown, but it is time for Holder to stop trying to find a way out and call the bluff of Cheney, Feith and others. He needs to appoint a special prosecutor to allow a neutral prosecutor to determine if crimes were committed.
Continue reading “Feith Calls for Prosecution of Any Crimes But Will Holder Answer?”
Former Klan leader David Duke has been detained by police in Prague on suspicion of denying the Holocaust. Despite the universal loathing of Duke and other Holocaust deniers, the arrest hits a difficult issue for civil libertarians. Criminalizing a viewpoint is a fundamental denial of free speech and allows prosecution for unpopular thoughts or views.
Continue reading “Former Klan Leader David Duke Arrested in Czech Republic for Holocaust Denial”
In light of the recent defenses made recently on behalf of Judge Jay Bybee, John Yoo, and Steven Bradbury, this picture appears to capture their sudden emergence into the public debate.
Continue reading “Bush Officials Surface To Answer Torture Claims”
Recently, I wrote a column on how the West has used hate crime laws to create a Western version of blasphemy prosecutions in the Middle East. Finland has now added to the list of countries charging people with blasphemy. Helsinki city councilman, Jussi Halla-aho was charged with blasphemy and incitement of an ethnic-group for publishing on his blog that Islam’s prophet was a pedophile. Mohammad is often accused of being a pedophile due to his marriage to 6-year-old Aisha, which was consummated when she was 9.
Continue reading “Finland Prosecutes Politician for Blasphemy in Calling Mohammad a Pedophile”
According to close friends, Judge Jay S. Bybee appears to have adopted the Alberto Gonzalez defense: he is now claiming that he did not write his infamous memo and only signed it. This is similar to the defense that Democrats allowed Gonzales to make on the first torture memo at his confirmation hearing for Attorney General, to wit, he did not read an important policy memo on the commission of a war crime, he just signed it. It is the empty suit defense: I really am not to blame when I sign orders or memos because I just sign things. Bybee has not spoken directly on this matter to the public, but there are now various friends saying that he would like to repudiate the memos and even denies writing the memos.
Continue reading “The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo”
It is getting rather difficult to follow the line of logic at the White House on the torture investigation. For months, President Obama has been speaking about his intentions as to any investigation into the torture program. Then, this week, he suddenly declared that he should have no role in such decisions. Then the next day, White House spokesman Robert Gibbs declared that Obama did not want to see a special prosecutor. I discussed this statement last night on this segment of Hardball. In the meantime, it appears that new pictures of detainee will be released — though obviously not the videos of torture that were destroyed by CIA officials to prevent their being used against themselves.
Continue reading “White House: No Special Prosecutor on Torture”
Jordan’s King Abdullah II joined the ever-lengthening list of people saying that the United States tortured detainees in an interview to air on NBC Meet the Press. He joins a long list of Bush officials, the International Red Cross, countless NGOs and experts who have come forward in the last few weeks. I discussed this evidence last night on this segment of Hardball.
Continue reading “Jordan’s King Abdullah: Evidence of Torture By United States Is Obvious”
A Senate Intelligence Report shows that Condoleeza Rice, then national security adviser, approved of the torture program as early as 2002. One week later, Attorney General John Ashcroft signed off the the legality of the torture by finding that the “proposed interrogation techniques were lawful.” It was also revealed that torture was used on Abd al-Rahim al-Nashiri, the first person charged in the United States in the 2000 attack on the destroyer USS Cole in Yemen.
Continue reading “Report: Condoleeza Rice and John Ashcroft Approved of Torture Program”
House Speaker Nancy Pelosi is trying to fend off criticism over her knowledge of the Bush Administration’s plan to torture detainees. Pelosi has adopted a highly lawyered exclamation that she was briefed on the plan but never told that they were implementing the plan. It is a distinction lost on civil libertarians. She was still briefed on a war crime and did not act to stop it.
Continue reading “It Depends What “Know” Means: Pelosi Admits That She Was Briefed on Torture But Claims Ignorance on its Actual Use”