Obama Justice Department Defends Rumsfeld in Torture Case

RAW STORY– In a brief filed Thursday evening, Obama Justice Department lawyers extended many of the same arguments made by Bush attorneys — that top government officials have qualified immunity from prosecution and that Guantanamo detainees do not have constitutional rights to due process.

The Department of Justice has asserted that a Supreme Court ruling reaffirming the rights of Guantanamo detainees to habeas corpus does not apply to plaintiffs in a case against former Secretary of Defense Donald Rumsfeld because the plaintiffs were released from prison four years prior to the Supreme Court’s decision.

“It is fair to say that the current brief that is filed by the new administration supports a lot of the arguments that were made by the previous administration,” said Kate Toomey, an attorney with Baach Robinson & Lewis who is representing the former detainees in an interview with RAW STORY. “They continue to assert that torture was in the scope of employment and could be reasonably expected. They continue to assert that these [top officials] be entitled to immunity. They also continue to argue that detainees at Guantanamo don’t have constitutional rights.”

The brief was filed as part of the Rasul v. Rumsfeld lawsuit of four former detainees, who include the “Tipton Three,” and are seeking damages for their detention and reported torture at Guantanamo Bay against Rumsfeld, the Chairmen of the Joint Chief of Staffs and other top military officials. The suit charges them with violations of the Fifth and Eighth Amendments, the Alien Tort Statute, the Geneva Conventions and the Religious Freedom Restoration Act. The plaintiffs are individually each seeking $10 million in damages.

The men were held for more than two years at Guantanamo where they were reportedly subjected to regular beatings, death threats, sleep deprivation, extreme temperatures, forced nakedness, interrogations at gun point and religious and racial harassment. They were never charged with any crime. The men were released in March 2004 and returned to their home country of Britain.

The plaintiffs are also being represented by the Center for Constitutional Rights, which has a full background of the case, including all court documents here.

Read full story about Obama Defending Rumsfeld in Torture Case.

© RAW STORY 2009

The Rhetoric of 9/11: George W. Bush Speech on 9/20/01

PBS– Transcript:

Mr. Speaker, Mr. President Pro Tempore, members of Congress, and fellow Americans:

In the normal course of events, Presidents come to this chamber to report on the state of the Union. Tonight, no such report is needed. It has already been delivered by the American people.

We have seen it in the courage of passengers, who rushed terrorists to save others on the ground — passengers like an exceptional man named Todd Beamer. And would you please help me to welcome his wife, Lisa Beamer, here tonight. We have seen the state of our Union in the endurance of rescuers, working past exhaustion. We’ve seen the unfurling of flags, the lighting of candles, the giving of blood, the saying of prayers — in English, Hebrew, and Arabic. We have seen the decency of a loving and giving people who have made the grief of strangers their own. My fellow citizens, for the last nine days, the entire world has seen for itself the state of our Union — and it is strong.

Tonight we are a country awakened to danger and called to defend freedom. Our grief has turned to anger, and anger to resolution. Whether we bring our enemies to justice, or bring justice to our enemies, justice will be done. I thank the Congress for its leadership at such an important time. All of America was touched on the evening of the tragedy to see Republicans and Democrats joined together on the steps of this Capitol, singing “God Bless America.” And you did more than sing; you acted, by delivering 40 billion dollars to rebuild our communities and meet the needs of our military. Speaker Hastert, Minority Leader Gephardt, Majority Leader Daschle, and Senator Lott, I thank you for your friendship, for your leadership, and for your service to our country. And on behalf of the American people, I thank the world for its outpouring of support. America will never forget the sounds of our National Anthem playing at Buckingham Palace, on the streets of Paris, and at Berlin’s Brandenburg Gate.

We will not forget South Korean children gathering to pray outside our embassy in Seoul, or the prayers of sympathy offered at a mosque in Cairo. We will not forget moments of silence and days of mourning in Australia and Africa and Latin America. Nor will we forget the citizens of 80 other nations who died with our own: dozens of Pakistanis; more than 130 Israelis; more than 250 citizens of India; men and women from El Salvador, Iran, Mexico, and Japan; and hundreds of British citizens. America has no truer friend than Great Britain. Once again, we are joined together in a great cause — so honored the British Prime Minister has crossed an ocean to show his unity with America. Thank you for coming, friend.

On September the 11th, enemies of freedom committed an act of war against our country. Americans have known wars — but for the past 136 years, they have been wars on foreign soil, except for one Sunday in 1941. Americans have known the casualties of war — but not at the center of a great city on a peaceful morning.  Americans have known surprise attacks — but never before on thousands of civilians. All of this was brought upon us in a single day — and night fell on a different world, a world where freedom itself is under attack. Americans have many questions tonight. Americans are asking: Who attacked our country?The evidence we have gathered all points to a collection of loosely affiliated terrorist organizations known as al Qaeda. They are some of the murderers indicted for bombing American embassies in Tanzania and Kenya, and responsible for bombing the USS Cole. Al Qaeda is to terror what the mafia is to crime. But its goal is not making money; its goal is remaking the world — and imposing its radical beliefs on people everywhere.

The terrorists practice a fringe form of Islamic extremism that has been rejected by Muslim scholars and the vast majority of Muslim clerics, a fringe movement that perverts the peaceful teachings of Islam. The terrorists’ directive commands them to kill Christians and Jews, to kill all Americans, and make no distinctions among military and civilians, including women and children. This group and its leader — a person named Usama bin Laden — are linked to many other organizations in different countries, including the Egyptian Islamic Jihad and the Islamic Movement of Uzbekistan. There are thousands of these terrorists in more than 60 countries. They are recruited from their own nations and neighborhoods and brought to camps in places like Afghanistan, where they are trained in the tactics of terror. They are sent back to their homes or sent to hide in countries around the world to plot evil and destruction.

The leadership of al Qaeda has great influence in Afghanistan and supports the Taliban regime in controlling most of that country. In Afghanistan, we see al Qaeda’s vision for the world. Afghanistan’s people have been brutalized; many are starving and many have fled. Women are not allowed to attend school. You can be jailed for owning a television. Religion can be practiced only as their leaders dictate. A man can be jailed in Afghanistan if his beard is not long enough.

The United States respects the people of Afghanistan. After all, we are currently its largest source of humanitarian aid; but we condemn the Taliban regime. It is not only repressing its own people, it is threatening people everywhere by sponsoring and sheltering and supplying terrorists. By aiding and abetting murder, the Taliban regime is committing murder.

And tonight, the United States of America makes the following demands on the Taliban: Deliver to United States authorities all the leaders of al Qaeda who hide in your land. Release all foreign nationals, including American citizens, you have unjustly imprisoned. Protect foreign journalists, diplomats, and aid workers in your country. Close immediately and permanently every terrorist training camp in Afghanistan, and hand over every terrorist, and every person in their support structure, to appropriate authorities. Give the United States full access to terrorist training camps, so we can make sure they are no longer operating. These demands are not open to negotiation or discussion. The Taliban must act, and act immediately. They will hand over the terrorists, or they will share in their fate.

I also want to speak tonight directly to Muslims throughout the world. We respect your faith. It’s practiced freely by many millions of Americans, and by millions more in countries that America counts as friends. Its teachings are good and peaceful, and those who commit evil in the name of Allah blaspheme the name of Allah. The terrorists are traitors to their own faith, trying, in effect, to hijack Islam itself. The enemy of America is not our many Muslim friends; it is not our many Arab friends. Our enemy is a radical network of terrorists, and every government that supports them. Our war on terror begins with al Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped, and defeated.

Americans are asking, why do they hate us? They hate what they see right here in this chamber — a democratically elected government. Their leaders are self-appointed. They hate our freedoms — our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other. They want to overthrow existing governments in many Muslim countries, such as Egypt, Saudi Arabia, and Jordan. They want to drive Israel out of the Middle East. They want to drive Christians and Jews out of vast regions of Asia and Africa. These terrorists kill not merely to end lives, but to disrupt and end a way of life. With every atrocity, they hope that America grows fearful, retreating from the world and forsaking our friends. They stand against us, because we stand in their way.

We are not deceived by their pretenses to piety. We have seen their kind before. They are the heirs of all the murderous ideologies of the 20th century. By sacrificing human life to serve their radical visions — by abandoning every value except the will to power — they follow in the path of fascism, Nazism, and totalitarianism. And they will follow that path all the way, to where it ends: in history’s unmarked grave of discarded lies. Americans are asking: How will we fight and win this war? We will direct every resource at our command — every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war — to the disruption and to the defeat of the global terror network.

Now this war will not be like the war against Iraq a decade ago, with a decisive liberation of territory and a swift conclusion. It will not look like the air war above Kosovo two years ago, where no ground troops were used and not a single American was lost in combat. Our response involves far more than instant retaliation and isolated strikes. Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen. It may include dramatic strikes, visible on TV, and covert operations, secret even in success. We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.

Our nation has been put on notice: We’re not immune from attack. We will take defensive measures against terrorism to protect Americans. Today, dozens of federal departments and agencies, as well as state and local governments, have responsibilities affecting homeland security. These efforts must be coordinated at the highest level. So tonight I announce the creation of a Cabinet-level position reporting directly to me — the Office of Homeland Security. And tonight I also announce a distinguished American to lead this effort, to strengthen American security: a military veteran, an effective governor, a true patriot, a trusted friend — Pennsylvania’s Tom Ridge. He will lead, oversee, and coordinate a comprehensive national strategy to safeguard our country against terrorism, and respond to any attacks that may come.

These measures are essential. But the only way to defeat terrorism as a threat to our way of life is to stop it, eliminate it, and destroy it where it grows. Many will be involved in this effort, from FBI agents to intelligence operatives to the reservists we have called to active duty. All deserve our thanks, and all have our prayers. And tonight, a few miles from the damaged Pentagon, I have a message for our military: Be ready. I’ve called the Armed Forces to alert, and there is a reason. The hour is coming when America will act, and you will make us proud. This is not, however, just America’s fight. And what is at stake is not just America’s freedom. This is the world’s fight. This is civilization’s fight. This is the fight of all who believe in progress and pluralism, tolerance and freedom.

We ask every nation to join us. We will ask, and we will need, the help of police forces, intelligence services, and banking systems around the world. The United States is grateful that many nations and many international organizations have already responded — with sympathy and with support. Nations from Latin America, to Asia, to Africa, to Europe, to the Islamic world. Perhaps the NATO Charter reflects best the attitude of the world: An attack on one is an attack on all. The civilized world is rallying to America’s side. They understand that if this terror goes unpunished, their own cities, their own citizens may be next. Terror, unanswered, can not only bring down buildings, it can threaten the stability of legitimate governments. And you know what? We’re not going to allow it.

Americans are asking: What is expected of us? I ask you to live your lives, and hug your children. I know many citizens have fears tonight, and I ask you to be calm and resolute, even in the face of a continuing threat. I ask you to uphold the values of America, and remember why so many have come here. We are in a fight for our principles, and our first responsibility is to live by them. No one should be singled out for unfair treatment or unkind words because of their ethnic background or religious faith. I ask you to continue to support the victims of this tragedy with your contributions. Those who want to give can go to a central source of information, libertyunites.org, to find the names of groups providing direct help in New York, Pennsylvania, and Virginia.

The thousands of FBI agents who are now at work in this investigation may need your cooperation, and I ask you to give it. I ask for your patience, with the delays and inconveniences that may accompany tighter security; and for your patience in what will be a long struggle. I ask your continued participation and confidence in the American economy. Terrorists attacked a symbol of American prosperity. They did not touch its source. America is successful because of the hard work, and creativity, and enterprise of our people. These were the true strengths of our economy before September 11th, and they are our strengths today. And, finally, please continue praying for the victims of terror and their families, for those in uniform, and for our great country. Prayer has comforted us in sorrow, and will help strengthen us for the journey ahead.

Tonight I thank my fellow Americans for what you have already done and for what you will do. And ladies and gentlemen of the Congress, I thank you, their representatives, for what you have already done and for what we will do together. Tonight, we face new and sudden national challenges. We will come together to improve air safety, to dramatically expand the number of air marshals on domestic flights, and take new measures to prevent hijacking. We will come together to promote stability and keep our airlines flying, with direct assistance during this emergency. We will come together to give law enforcement the additional tools it needs to track down terror here at home. We will come together to strengthen our intelligence capabilities to know the plans of terrorists before they act, and to find them before they strike.

We will come together to take active steps that strengthen America’s economy, and put our people back to work. Tonight we welcome two leaders who embody the extraordinary spirit of all New Yorkers: Governor George Pataki, and Mayor Rudolph Giuliani. As a symbol of America’s resolve, my administration will work with Congress, and these two leaders, to show the world that we will rebuild New York City.

After all that has just passed — all the lives taken, and all the possibilities and hopes that died with them — it is natural to wonder if America’s future is one of fear.  Some speak of an age of terror. I know there are struggles ahead, and dangers to face. But this country will define our times, not be defined by them. As long as the United States of America is determined and strong, this will not be an age of terror; this will be an age of liberty, here and across the world.

Great harm has been done to us. We have suffered great loss. And in our grief and anger we have found our mission and our moment. Freedom and fear are at war.  The advance of human freedom — the great achievement of our time, and the great hope of every time — now depends on us. Our nation, this generation will lift a dark threat of violence from our people and our future. We will rally the world to this cause by our efforts, by our courage. We will not tire, we will not falter, and we will not fail.

It is my hope that in the months and years ahead, life will return almost to normal.  We’ll go back to our lives and routines, and that is good.  Even grief recedes with time and grace. But our resolve must not pass. Each of us will remember what happened that day, and to whom it happened. We’ll remember the moment the news came — where we were and what we were doing. Some will remember an image of a fire, or a story of rescue. Some will carry memories of a face and a voice gone forever.

And I will carry this: It is the police shield of a man named George Howard, who died at the World Trade Center trying to save others. It was given to me by his mom, Arlene, as a proud memorial to her son. This is my reminder of lives that ended, and a task that does not end. I will not forget this wound to our country or those who inflicted it. I will not yield; I will not rest; I will not relent in waging this struggle for freedom and security for the American people. The course of this conflict is not known, yet its outcome is certain. Freedom and fear, justice and cruelty, have always been at war, and we know that God is not neutral between them.

Fellow citizens, we’ll meet violence with patient justice — assured of the rightness of our cause, and confident of the victories to come. In all that lies before us, may God grant us wisdom, and may He watch over the United States of America. Thank you.

Photo by flickr user Editor

The Constitutionality of Police Imposed ‘Free Speech Zones’

CNN– Last week, the Democratic National Convention (DNC) ended. But the First Amendment issues that were raised there did not. Indeed, they are likely to continue on indefinitely — recurring at the upcoming Republican National Convention (RNC), and similar public events raising intense security concerns.

Protesters at the DNC were confined to a fenced-in area — a wire enclosure topped by razor wire outside Boston’s FleetCenter, where the Convention was held. They charged that their First Amendment rights were violated by this confinement.

Were they correct? Certainly, the involvement by police in enforcing the enclosure established the “state action” necessary to establish a First Amendment violation. (Because the First Amendment does not apply to private actors, only government action can trigger its protections, and lead to a constitutional challenge.)

But on the other hand, one could argue that the protesters still did get to exercise their free speech rights to some extent — and that, even if their rights were infringed upon, that infringement was necessitated by security concerns.

In this column, I will explain why the DNC protesters’ confinement was a free speech violation under fundamental principles of First Amendment doctrine. I will also suggest that these same principles ought to govern the treatment of protesters at the RNC and similar events.

Continue reading about Free Speech Zones.

© CNN 2004

ACLU: ‘Constitution Free Zone’ 100 Miles From Border

(Video Below)

RAW STORY– This past summer, Craig Johnson joined dozens of other activists in a San Diego-area park to protest the expansion of a fence along the US-Mexico border.

An associate professor at Point Loma Nazarene University, Johnson says he took his two children, aged 8 and 10, to Border Field State Park in Imperial Beach in June. Scores of border patrol agents were on the scene, Johnson said, and some were recording license plate numbers from protesters’ cars parked a more than a mile away from the border.

It seems that Johnson’s participation in the anti-fence demonstration may have landed him on a government watch list that has inhibited his ability to travel freely between the US and Mexico. A professor of Music, Johnson said he traveled to Tijuana about a week after the protest; upon returning to the US, Johnson says he was handcuffed and arrested by customs agents after a listing associated with his name pegged him as armed and dangerous.

“I was thoroughly and aggressively searched. … Every inch and crack and crevice of my body was poked and prodded,” Johnson said. “I was in complete bewilderment of what was going on; I felt violated and frankly was embarrassed.”

Prior to that visit, Johnson said he had traveled regularly between the US and Mexico for a variety of reasons without facing any harassment. After the June visit, Johnson said he did not cross the border again until October, when he decided to go simply to see whether he could re-enter the country easily. He was subjected to the same harassment.

“It took me four months to return to Mexico,” he said. “Not because I’m afraid of traveling outside my own country, but rather because I’m afraid of returning home.”

Johnson spoke Wednesday at a gathering organized by the American Civil Liberties Union, which is highlighting the extent to which the Department of Homeland Security is expanding the authority it claims at US border crossings to infringe upon Americans rights.

The ACLU says a “Constitution-free zone” exists within 100 miles of the US border, where DHS claims the authority to stop, search and detain anyone for any reason. Nearly two-thirds of the US population lives within 100 miles of the border, according to the ACLU, and the border zone encompasses scores of major metropolitan areas and even entire states.

Customs and Border Patrol, a component of DHS, was authorized by Congress to operate within a “reasonable” distance of the border, and that distance has been set at 100 miles in regulations governing CBP, the ACLU says. The authorization has been in place for decades, but complaints about abuses of the extended border zone began to ramp up as CBP was expanded and folded into DHS after 9/11.

Also of concern, according to the group, is the border patrol’s use of massive databases and watch lists to screen travelers. Much remains unknown about how those lists are compiled and it is exceedingly difficult for a person to be removed from the list once he or she is added to it.

ACLU affiliates around the country have fielded dozens of calls from people claiming they were harassed by border agents, and the group believes there are untold numbers of other victims who are afraid to come forward.

No lawsuits have yet been filed against DHS or CBP, but the ACLU says its attorneys in border states are preparing cases.

“Part of what we’re trying to do is to draw our own line in the sand here and say this has to stop,” Barry Steinhardt, director of the ACLU’s Technology and Liberty Program, said Wednesday. “We cannot determine two-thirds of America as a Constitution free zone.”

DHS 33 “interior checkpoints” that are monitored by the border patrol, according to a 2005 Government Accountability Office report. The ACLU assumes more checkpoints have been established since then, and group affiliates have complained about checkpoints as far as 93 miles from the border.

ACLU lobbyists are working with members of Congress to rein in DHS’s border authority. Caroline Fredrickson, the group’s chief legislative counsel, praised a measure introduced by Sen. Russ Feingold and others to ban suspicionless laptop searches at the border.

“We need to restore the Constitution to the Constitution-free zone,” Fredrickson said.

Wednesday’s event also featured a video testimonial from Vince Peppard, another San Diegoan who faced trouble from border agents. Peppard said he was stopped at least 20 miles inside the border on a return trip from Mexico. He refused to open his trunk “on a matter of principle” and was detained for about 30 minutes.

“I didn’t feel like I was in the United States,” he says. “I felt like I was in some kind of police state.”

© RAW STORY 2008

Protect America From the Protect America Act

By Rep. Ron Paul M.D. (R-Texas)

Before the US House of Representatives, Jan. 30, 2008

Madam Speaker, I rise in opposition to the extension of the Protect America Act of 2007 because the underlying legislation violates the U.S. Constitution. The misnamed Protect America Act allows the U.S. government to monitor telephone calls and other electronic communications of American citizens without a warrant. This clearly violates the Fourth Amendment, which states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Protect America Act sidelines the FISA Court system and places authority over foreign surveillance in the director of national intelligence and the attorney general with little if any oversight. While proponents of this legislation have argued that the monitoring of American citizens would still require a court-issued warrant, the bill only requires that subjects be “reasonably believed to be outside the United States.” Further, it does not provide for the Fourth Amendment protection of American citizens if they happen to be on the other end of the electronic communication where the subject of surveillance is a non-citizen overseas.

We must remember that the original Foreign Intelligence Surveillance Act was passed in 1978 as a result of the U.S. Senate investigations into the federal government’s illegal spying on American citizens. Its purpose was to prevent the abuse of power from occurring in the future by establishing guidelines and prescribing oversight to the process. It was designed to protect citizens, not the government. The effect seems to have been opposite of what was intended. These recent attempts to “upgrade” FISA do not appear to be designed to enhance protection of our civil liberties, but to make it easier for the government to spy on us!

The only legitimate “upgrade” to the original FISA legislation would be to allow surveillance of conversations that begin and end outside the United States between non-U.S. citizens where the telephone call is routed through the United States. Technology and the global communications market have led to more foreign to foreign calls being routed through the United States. This adjustment would solve the problems outlined by the administration without violating the rights of U.S. citizens.

While I would not oppose technical changes in FISA that the intelligence community has indicated are necessary, Congress should not use this opportunity to chip away at even more of our constitutional protections and civil liberties. I urge my colleagues to oppose this and any legislation that violates the Fourth Amendment of the Constitution.

Photo by flickr user JohnE777

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