Justice Department Bans Justice for Torturers

The Obama Justice Department has apparently decided that, since torture is not a crime (at least not anything deserving of prosecution), then concocting legal doctrines that unleashed torturers around the world is also no offense.

A Justice Department internal investigation has concluded that John Yoo and Jay Bybee were gulity only of “poor judgment” in their memos which brought the Middle Ages into the new Millennium.

The Washington Post notes: “The conclusion is likely to unsettle interest groups that have sought a reckoning for lawyers who made possible brutal interrogation, warrantless wiretapping and other Bush counterterrorism strategies.”

Perhaps the Washington Post believes that only special interests oppose torture????

Jane WAS Right!

After all these years, Jane WAS Right!

British political news has been consumed for the last several weeks by a formal inquiry into the illegality and deceit behind Tony Blair’s decision to join the U.S. in invading Iraq…. A major focus of the investigation is the illegality of the war. … –Remember the illegal destruction of Iraq?, By Glenn Greenwald, Salon, Friday, Jan 29, 2010 07:30 EST

The day of accountability is at hand. The International Criminal Court at the Hague has acknowledged receipt of Prof. Francis A. Boyle’s complaint… The Hague Acknowledges Francis Boyle On His Filing Against Bush et al For War-Crime: Extraordinary Rendition, Thu, 2010-01-28 18:08.

Why Obama Whistled Past Afghanistan Last Night

The number of words that President Obama expended on the war in Afghanistan during the much anticipated State of the Union address last night:  exactly 92. Considering that the President’s entire speech was 7,308 words, you could have missed his fleeting reference to the foreign land for which some 100,000 American men and women are  pledged to fight if you decided at that very moment to say, sneeze, and then run to the bathroom quickly for a tissue.

Here are the 92 words (and no, quality in this case, does not make up for quantity):

And in Afghanistan, we’re increasing our troops and training Afghan security forces so they can begin to take the lead in July of 2011, and our troops can begin to come home. We will reward good governance, work to reduce corruption and support the rights of all Afghans — men and women alike. We’re joined by allies and partners who have increased their own commitments, and who will come together tomorrow in London to reaffirm our common purpose. There will be difficult days ahead. But I am absolutely confident we will succeed.

The reason why Obama wanted to whistle by the reference to “London” like a man by the graveyard seems obvious. A year ago, Obama pledged to fight “the good war,” committing more troops and a “civilian surge” to rebuild Afghan institutions.   Less than two months ago, Obama stood before an audience of West Point cadets and rambled through a “comprehensive” war strategy that involved, again, a commitment of more troops and a (somewhat vague) notion of a reconstruction component. He also  added an 18-month “soft” timeline for withdrawal, signaling that the “good war” had its limitations. Now, in all reports leading up to “London,” or today’s confab of U.S and international partners over what to do about Afghanistan, the buzz is all about how to raise the dough to pay off the Taliban so we can all get the hell out.

Suddenly, the talk over freeing the Afghan people from the clutches of the Taliban has given way to parsing out or “peeling off” the so-good good Taliban from the bad — the U.S has already been successful in lifting U.N sanctions on 15 members of the former (that happened on Tuesday, in case no one noticed). In the meantime, the latest news is that the 65 member countries in attendance at the London conference could raise upwards of $1 billion for an elaborate “reintegration program” or “international trust fund,” as announced hours ago. The price of admission? Apparently, interested Taliban need only to pledge allegiance — maybe toss in a few conscripts — to Karzai’s government, which everyone knows is as crooked as a dog’s hind leg.

The whole idea is fraught with pitfalls and potholes and not just the antiwar types are saying so. Even the Army’s own social scientists on the ground have warned against the rush to win over “tribes” of which we know nothing about after eight years of war with money and promises. Afghan leaders are already questioning the plan. Taliban are rejecting it out of hand. But the most obvious flaw at this point is that we are initiating these deals from a position of weakness. Everyone knows it. While the “integration” scheme smacks of the “Sons of Iraq” hustle under Gen. David Petraeus, it is not clear whether the U.S and international forces will be demanding the “good” Taliban to fight with us, or whether we are literally just paying them to not make trouble, which would take the current Taliban protection racket to a enormously perverse level.

The sad thing is, this proves that not even the flawed liberal interventionist fantasies of the early Obama era had any heft. Like the rest of Obama’s presidency so far, his foreign policy persona turned out to be pretty reactionary and lightweight — despite all the campaign rhetoric about turning a corner on the catastrophic foreign policies of the previous administration. He could not rise above this bad war and will continue to make bad decisions, to the detriment of all concerned. First, he will have to face the American people and them them why, if paying off the Taliban is such a novel idea, he hadn’t initiated it right away, a year and 342 dead U.S servicemembers ago (not to mention the countless civilian lives and billions in current and protracted war costs).

One can’t blame him for wanting to whistle by the graveyard — but that’s one luxury he won’t be able to indulge in for long.

A Memory of Howard Zinn

I just learned that my friend Howard Zinn died today. Earlier this morning, I was being interviewed by the Boston Phoenix, in connection with the release in Boston in February of a documentary in which he is featured prominently. The interviewer asked me who my own heroes were, and I had no hesitation in answering, first, “Howard Zinn.”

Just weeks ago after watching the film on December 7, I woke up the next morning thinking that I had never told him how much he meant to me. For once in my life, I acted on that thought in a timely way. I sent him an e-mail in which I said, among other things, what I had often told others about him: that he was,” in my opinion, the best human being I’ve ever known. The best example of what a human can be, and can do with their life.”

Our first meeting was at Faneuil Hall in Boston in early 1971, where we both spoke against the indictments of Eqbal Ahmad and Phil Berrigan for “conspiring to kidnap Henry Kissinger,” from which we marched with the rest of the crowd to make Citizens’ Arrests at the Boston office of the FBI. Later that spring we went with our affinity group (including Noam Chomsky, Cindy Fredericks, Marilyn Young, Mark Ptashne, Zelda Gamson, Fred Branfman and Mitch Goodman), to the Mayday actions blocking traffic in Washington (“If they won’t stop the war, we’ll stop the government”). Howard tells that story in the film and I tell it at greater length in my memoir, Secrets: A Memoir of Vietnam and the Pentagon Papers (pp.376-81). But for reasons of space, I had to cut out the next section in which Howard–who had been arrested in DC after most of the rest of us had gone elsewhere–came back to Boston for a rally and a blockade of the Federal Building. I’ve never published that story, so here it is, an out-take from my manuscript:

A day later, Howard Zinn was the last speaker at a large rally in Boston Common. I was at the back of a huge crowd, listening to him over loudspeakers. 27 years later, I can remember some things he said. “On Mayday in Washington thousands of us were arrested for disturbing the peace. But there is no peace. We were really arrested because we were disturbing the war.”

He said, “If Thomas Jefferson and Alexander Hamilton had been walking the streets of Georgetown yesterday, they would have been arrested. Arrested for being young.”

At the end of his comments he said, “I want to speak now to some of the members of this audience, the plainclothes policemen among us, the military intelligence agents who are assigned to do surveillance. You are taking the part of secret police, spying on your fellow Americans. You should not be doing what you are doing. You should rethink it, and stop. You do not have to carry out orders that go against the grain of what it means to be an American.”

Those last weren’t his exact words, but that was the spirit of them. He was to pay for that comment the next day, when we were sitting side by side in a blockade of the Federal Building in Boston. We had a circle of people all the way around the building, shoulder to shoulder, so no one could get in or out except by stepping over us. Behind us were crowds of people with posters who were supporting us but who hadn’t chosen to risk arrest. In front of us, keeping us from getting any closer to the main entrance to the building, was a line of policemen, with a large formation of police behind them. All the police had large plastic masks tilted back on their heads and they were carrying long black clubs, about four feet long, like large baseball bats. Later the lawyers told us that city police regulations outlawed the use of batons that long.

But at first the relations with the police were almost friendly. We sat down impudently at the very feet of the policemen who were guarding the entrance, filling in the line that disappeared around the sides until someone came from the rear of the building and announced over a bullhorn, “The blockade is complete. We’ve surrounded the building!” There was a cheer from the crowd behind us, and more people joined us in sitting until the circle was two or three deep.

We expected them to start arresting us, but for a while the police did nothing. They could have manhandled a passage through the line and kept it open for employees to go in or out, but for some reason they didn’t. We thought maybe they really sympathized with our protest, and this was their way of joining in. As the morning wore on, people took apples and crackers and bottles of water out of their pockets and packs and shared them around, and they always offered some to the police standing in front of us. The police always refused, but they seemed to appreciate the offer.

Then one of the officers came over to Howard and said, “You’re Professor Zinn, aren’t you?” Howard said yes, and the officer reached down and shook his hand enthusiastically. He said, “I heard you lecture at the Police Academy. A lot of us here did. That was a wonderful lecture.” Howard had been asked to speak to them about the role of dissent and civil disobedience in American history. Several other policemen came over to pay their respects to Howard and thank him for his lecture. The mood seemed quite a bit different from Washington.

Then a line of employees emerged from the building, wearing coats and ties or dresses. Their arms were raised and they were holding cards in their raised hands. As they circled past us they hold out the cards so we could see what they were: ID cards, showing they were federal employees. They were making the peace-sign with their other hands, they were circling around the building to show solidarity with what we were doing. Their spokesman said over a bullhorn, “We want this war to be over, too! Thank you for what you are doing! Keep it up.” Photographers, including police, were scrambling to take pictures of them, and some of them held up their ID cards so they would get in the picture. It was the high point of the day.

A little while after the employees had gone back inside the building, there was a sudden shift in the mood of the police. An order had been passed. The bloc of police in the center of the square got into tight formation and lowered their plastic helmets. The police standing right in front of us, over us, straightened up, adjusted their uniforms and lowered their masks. Apparently the time had come to start arrests. The supporters who didn’t want to be arrested fell back.

But there was no arrest warning. There was a whistle, and the line of police began inching forward, black batons raised upright. They were going to walk through us or over us, push us back. The man in front of us, who had been talking to Howard about his lecture a little earlier, muttered to us under his breath, “Leave! Now! Quick, get up.” He was warning, not menacing us.

Howard and I looked at each other. We’d come expecting to get arrested. It didn’t seem right to just get up and move because someone told us to, without arresting us. We stayed where we were. No one else left either. Boots were touching our shoes. The voice over our heads whispered intensely, “Move! Please. For God’s sake, move!” Knees in uniform pressed our knees. I saw a club coming down. I put my hands over my head, fists clenched, and a four-foot baton hit my wrist, hard. Another one hit my shoulder.

I rolled over, keeping my arms over my head, got up and moved back a few yards. Howard was being hauled off by several policemen. One had Howard’s arms pinned behind him, another had jerked his head back by the hair. Someone had ripped his shirt in two, there was blood on his bare chest. A moment before he had been sitting next to me and I waited for someone to do the same to me, but no one did. I didn’t see anyone else getting arrested. But no one was sitting anymore, the line had been broken, disintegrated. Those who had been sitting hadn’t moved very far, they were standing like me a few yards back, looking around, holding themselves where they’d been clubbed. The police had stopped moving. They stood in a line, helmets still down, slapping their batons against their hands. Their adrenaline was still up, but they were standing in place.

Blood was running down my hand, covering the back of my hand. I was wearing a heavy watch and it had taken the force of the blow. The baton had smashed the crystal and driven pieces of glass into my wrist. Blood was dripping off my fingers. Someone gave me a handkerchief to wrap around my wrist and told me to raise my arm. The handkerchief got soaked quickly and blood was running down my arm while I looked for a first-aid station that was supposed to be at the back of the crowd, in a corner of the square. I finally found it and someone picked the glass out of my arm and put a thick bandage around it.

I went back to the protest. My shoulder was aching. The police were standing where they had stopped, and the blockade had reformed, people were sitting ten yards back from where they had been before. There seemed to be more people sitting, not fewer. Many of the supporters had joined in. But it was quiet. No one was speaking loudly, no laughing. People were waiting for the police to move forward again. They weren’t expecting any longer to get arrested.

Only three or four people had been picked out of the line to be arrested before. The police had made a decision (it turned out) to arrest only the “leaders,” not to give us the publicity of arrests and trials. Howard hadn’t been an organizer of this action, he was just participating like the rest of us, but from the way they treated him when they pulled him out of the line, his comments directly to the police in the rally the day before must have rubbed someone the wrong way.

I found Roz Zinn, Howard’s wife, sitting in the line on the side at right angles to where Howard and I had been before. I sat down between her and their housemate, a woman her age. They had been in support before until they had seen what happened to Howard.

Looking at the police in formation, with their uniforms and clubs, guns on their hips, I felt naked. I knew that it was an illusion in combat to think you were protected because you were carrying a weapon, but it was an illusion that worked. For the first time, I was very conscious of being unarmed. At last, in my own country, I understood what a Vietnamese villager must have felt at what the Marines called a “county fair,” when the Marines rounded up everyone they could find in a hamlet–all women and children and old people, never draft- or VC-age young men–to be questioned one at a time in a tent, meanwhile passing out candy to the kids and giving vaccinations. Winning hearts and minds, trying to recruit informers. No one among the villagers knowing what the soldiers, in their combat gear, would do next, or which of them might be detained.

We sat and talked and waited for the police to come again. They lowered their helmets and formed up. The two women I was with were both older than I was. I moved my body in front of them, to take the first blows. I felt a hand on my elbow. “Excuse me, I was sitting there,” the woman who shared the Zinn’s house said to me, with a cold look. She hadn’t come there that day and sat down, she told me later, to be protected by me. I apologized and scrambled back, behind them.

No one moved. The police didn’t move, either. They stood in formation facing us, plastic masks over their faces, for quite a while. But they didn’t come forward again. They had kept open a passage in front for the employees inside to leave after five, and eventually the police left, and we left..

There was a happier story to tell, just over one month later. On Saturday night, June 12, 1971, we had a date with Howard and Roz to see Butch Cassidy and the Sundance Kid in Harvard Square. But that morning I learned from someone at the New York Times that—without having alerted me—the Times was about to start publishing the top secret documents I had given them that evening. That meant I might get a visit from the FBI any moment; and for once, I had copies of the Papers in my apartment, because I planned to send them to Senator Mike Gravel for his filibuster against the draft.

From Secrets (p. 386):

“I had to get the documents out of our apartment. I called the Zinns, who had been planning to come by our apartment later to join us for the movie, and asked if we could come by their place in Newton instead. I took the papers in a box in the trunk of our car. They weren’t the ideal people to avoid attracting the attention of the FBI. Howard had been in charge of managing antiwar activist Daniel Berrigan’s movements underground while he was eluding the FBI for months (so from that practical point of view he was an ideal person to hide something from them), and it could be assumed that his phone was tapped, even if he wasn’t under regular surveillance. However, I didn’t know whom else to turn to that Saturday afternoon. Anyway, I had given Howard a large section of the study already, to read as a historian; he’d kept it in his office at Boston University. As I expected, they said yes immediately. Howard helped me bring up the box from the car.

We drove back to Harvard Square for the movie. The Zinns had never seen Butch Cassidy before. It held up for all of us. Afterward we bought ice-cream cones at Brigham’s and went back to our apartment. Finally Howard and Roz went home before it was time for the early edition of the Sunday New York Times to arrive at the subway kiosk below the square. Around midnight Patricia and I went over to the square and bought a couple of copies. We came up the stairs into Harvard Square reading the front page, with the three-column story about the secret archive, feeling very good.”