Will Jeh Johnson Make the Homeland More Secure?

Jeh Johnson, President Obama’s pick to replace outgoing Secretary Janet Napolitano as head of the Department of Homeland Security, will appear before the Senate Homeland Security Committee this week for his confirmation hearing. Johnson is an obscure figure to the general public, but his likely confirmation does not bode well for human rights, or your civil liberties. Johnson is civil and criminal trial lawyer who made millions defending corporations such as Citigroup and R.J. Reynolds Tobacco. His government positions included a stint as New York assistant US attorney and general counsel for the Pentagon from 2009 to 2012, during President Obama’s first term.

Johnson’s nomination came as a surprise even to the Washington beltway crowd. In a July National Journal poll asking more than 100 defense and foreign policy experts who should replace retiring Homeland Security Secretary Janet Napolitano, suggestions included retired Coast Guard admiral Thad Allen (he oversaw relief efforts for Hurricanes Katrina and Rita, which is one of the department’s responsibilities), Homeland Security undersecretary Rand Beers, number two at department Jane Holl Lute, NYC police commissioner Ray Kelly, and former California Congresswoman Jane Harman. Not a single person cited Jeh Johnson.

Johnson’s nomination was also a surprise to the law enforcement groups that are supposed to be the agency’s key partners. “I couldn’t have picked him out of a lineup with the Marx Brothers,” James Pasco, executive director of the Fraternal Order of Police, told an AP reporter.

One reason for Johnson’s unexpected nomination might well have to do with money. He was a heavyweight fundraiser for Obama, raising more than $200,000 during Obama’s first campaign for office, according to USA Today reported in 2009. During the 2008 race, Obama’s campaign website listed Johnson as a member of his national finance committee. Federal records show that Johnson has personally contributed over $100,000 to Democratic groups and candidates, including influential senators such as Chuck Schumer, Dick Durbin and James Clyburn.

Republicans have voiced concerns over political cronyism, calling Johnson more a fundraiser than someone with the expertise needed to oversee the gargantuan 240,000-employee department that was cobbled together from 22 separate agencies in the wake of the 9/11 attacks. Johnson has never managed a government agency, much less one that combines within its purview everything from terrorism to drugs, cyber attacks, natural disasters, immigration, protecting the president and securing air travel.

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The Victims of Drones Have Come Out of the Shadows

At each of the over 200 cities I’ve traveled to this past year with my book Drone Warfare: Killing by Remote Control, I ask the audience an easy question: Have they ever seen or heard from drone strike victims in the mainstream US press? Not one hand has ever gone up. This is an obvious indication that the media has failed to do its job of humanizing the civilian casualties that accompany President Obama’s deadly drone program.

This has started to change, with new films, reports and media coverage finally giving the American public a taste of the personal tragedies involved.

On October 29, the Rehman family – a father with his two children – came all the way from the Pakistani tribal territory of North Waziristan to the US Capitol to tell the heart-wrenching story of the death of the children’s beloved 67-year-old grandmother. And while the briefing, organized by Congressman Alan Grayson, was only attended by four other congresspeople, it was packed with media.

Watching the beautiful 9-year-old Nabila relate how her grandmother was blown to bits while outside picking okra softened the hearts of even the most hardened DC politicos. From the Congressmen to the translator to the media, tears flowed. Even the satirical journalist Dana Milbank, who normally pokes fun at everything and everyone in his Washington Post column, covered the family’s tragedy with genuine sympathy.

The visit by the Rehman family was timed for the release of the groundbreaking new documentary Unmanned: America’s Drone Wars by Robert Greenwald of Brave New Foundation. The emotion-packed film is filled with victims’ stories, including that of 16-year-old Tariq Aziz, a peace-loving, soccer-playing teenager obliterated three days after attending an anti-drone conference in Islamabad. Lawyers in the firm pose the critical question: If Tariq was a threat, why didn’t they capture him at the meeting and give him the right to a fair trial? Another just released documentary is Wounds of Waziristan, a well-crafted, 20-minute piece by Pakistani filmmaker Madiha Tahir that explains how drone attacks rip apart communities and terrorize entire populations.

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$40 Million Allocated for Drone Victims Never Reaches Them

Recent reports on US drone strikes by Amnesty International, Human Rights Watch and the UN have heightened international awareness about civilian casualties and have resulted in new calls for redress. The Amnesty International drone report “Will I be next?” says the US government should ensure that victims of unlawful drone strikes, including family members, have effective access to remedies, including restitution, compensation and rehabilitation. The Human Rights Watch report “Between a Drone and Al-Qaeda” calls on the US government to “implement a system of prompt and meaningful compensation for civilian loss of life, injury, and property damage from unlawful attack.”

Several human rights groups have approached lawmakers asking them to sponsor legislation calling for such a fund. But congresspeople have been reluctant to introduce what they consider a losing proposition. Even maverick Congressman Alan Grayson, who is hosting a congressional briefing for drone victims from Pakistan on October 29, turned down the idea. “There’s no sympathy in this Congress for drone strike victims,” he said.

But unbeknownst to Grayson, the human rights groups and drone strike victims themselves, Congress already has such a fund.

The peace group CODEPINK recently discovered that every year for the past four years, a pot of $10 million has been allocated for Pakistani drone strike victims. That would make a total of $40 million, quite a hefty sum to divide among a few hundred families. But it appears that none of this money has actually reached them.

The Pakistani Civilian Assistance Fund was modeled after the ones that exist in Iraq and Afghanistan, where money was allocated to help alleviate the suffering of civilians harmed by US military operations as part of a strategy to “win hearts and minds.” In the case of Pakistan, where the CIA operates its drones, the money is supposed to go directly to the families of innocent drone victims, or for needs like medical expenses or rebuilding homes.

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How You [and President Obama] Can Close Guantanamo Prison

July 1 marked the first day in office for Clifford Sloan, newly appointed Guantanamo closure envoy. Shortly after his May address on counterterrorism, President Obama appointed Sloan to the Office of Guantanamo Closure in the State Department, a position that had been vacant since January. The appointment and reopening of the office is the only concrete step the President has taken concerning Guantanamo since his May speech. With over 100 of the 166 remaining prisoners on a hunger strike and over 40 being brutally force-fed, great hopes are being placed on Mr. Sloan to break the impasse.

A key first step in closing Guantanamo is releasing the 86 prisoners who have already been cleared for release. This is something the President can do by invoking the waiver system that Congress put in place. The Secretary of Defense must determine that risk of the detainees returning to militant groups is low and that the transfer is in the interest of national security, then notify Congress of the release 30 days in advance. So far, the Obama administration has never exercised this authority.

A particular problem in the transfer of cleared prisoners is the case of Yemen. Of the 86 cleared prisoners, 56 are Yemeni. President Obama banned the release of Yemeni prisoners in 2010 after a man trained by militants in Yemen attempted to blow up a U.S.-bound plane in 2009 with a bomb concealed in his underwear.

In his May speech, President Obama announced that he was lifting this self-imposed ban. Congress immediately tried to block the President by passing an amendment to the National Defense Authorization Bill (NDAA) on June 14 that prohibits using Defense Department funds to transfer detainees to Yemen for one year. The amendment, sponsored by Rep. Jackie Walorski (R-Indiana), passed 236 to 188.

But it is not law, since it has not been passed by the Senate.

Instead, the Senate is trying to ease the way for the President to not only release the cleared prisoners, but close the entire prison. The Senate Armed Services Committee passed a bill on June 13 that would allow the Pentagon to send detainees to the United States for medical treatment, sustained detention, and prosecution. Senator Carl Levin (D-Michigan) inserted the provisions into the Senate version of the 2014 NDAA, and the Senate should be voting on it in the fall.

The senators most strongly opposed to the closure of Guantanamo include Kelly Ayotte (R-NH), Saxby Chambliss (R-GA), Bob Corker (R-TN), Jim Inhofe (R-OK), Mitch McConnell (R-KY), and Jeff Sessions (R-AL). In a press release, Senator Inhofe condemned the efforts to close Guantanamo as “letting the terrorists win.”

In a meeting with CODEPINK, Senator Levin’s chief of staff David Lyles suggested that activists focus on helping the bill pass the Senate. But he also emphasized that while all of these issues are being played out in Congress, we should not lose sight of the fact that the President still has the executive authority to transfer the detainees cleared for release and that we should pressure him to do so.

Activists throughout the US have been doing just that. Various petitions to the President have gathered more than 400,000 signatures.  The most prominent was signed by Lt. Colonel and former Chief Prosecutor at Guantanamo, Morris Davis, and promoted by Witness Against Torture.

People have rallied and held vigils in cities and towns, flooded the White House and Southern Command with phone calls and, by the hundreds, fasted in solidarity with the hunger strikers. The faith community has called Guantanamo a deep moral wound, and 38 senior religious leaders sent the President and Congress a letter calling for the closure of Guantanamo.

Most dramatically, several U.S. citizens — among them military veterans — are now deep into open-ended fasts, risking their health and even their lives in their effort to see Guantanamo closed.  In a dramatic action at the White House on June 26, Diane Wilson, 57 days into her hunger strike, jumped over the White House fence. Twenty-two others, all dressed in orange jumpsuits, were also arrested by refusing to leave the White House fence.

Amnesty International and other organizations are lobbying senators who are on the fence about closing Guantanamo. CODEPINK is collecting signatures to hand-deliver to the new envoy Clifford Sloan. Witness Against Torture is recruiting new people to join the US solidarity hunger strike. And CloseGitmo.net is keeping people up-to-date on activism around the country.

“Guantanamo has become a symbol around the world for an America that flouts the rule of law,” President Obama said. With the hunger strike reaching 150 days on July 6, the lives of these prisoners—along with our nation’s reputation, hangs in the balance.

For Yemenis, US Refusal To Release Gitmo Prisoners Is a National Offense

"In Yemen we are close to the bottom in all kinds of measures like income and education, but there’s one statistic where we come out on top: the number of prisoners in Guantanamo," laughed Mohammad Naji Allaw, a successful Yemeni lawyer who ploughs his firm’s profits into the National Organization for Defending Rights and Freedoms. "Over 90 of 166 Guantanamo prisoners are from Yemen. Most of them, 56 to be exact, have already been cleared by the US government for release but the US government still won’t send them back."

Our American peace delegation spent the week in Yemen meeting with lawyers, human rights activists, government officials and most importantly, families with loved ones in Guantanamo.

While we were visiting, Congress passed an amendment saying that no US military funds could be used to transfer prisoners from Guantanamo back to Yemen. The families and Yemeni officials we met were outraged. "You mean that after detaining Yemenis for over 11 years without charges and trials, refusing to release even those prisoners who have been cleared of all wrongdoing, forcing them to starve themselves to call attention to their plight, you’re saying that Congress is going to make it even harder to send them home?," they asked us. "How can this be?"

How could we explain this to the mother of Abdulhakeem Ghaleeb, who hasn’t seen her son since he was 17 years old in 2002, a mother who can’t eat a meal in peace, knowing that her son has been on a hunger strike since February 6 and is now so weak he can’t speak? How can we explain this to 12-year-old Awda, who was in her mother’s womb when her father Abdulrahman Al Shubati was carted off to the island gulag, and here she was, holding his picture with tears streaming down her cheeks? What could we say to Ameena Yehya, whose brother had been sending home letters with beautiful drawings of flowers and scenes from their village, but stopped even writing five years ago because he is too hopeless to lift his pen? Or to Ali Mohammed, who said that on video call arranged every two months with the Red Cross he barely recognized his brother – a lifeless skeleton with sunken eyes and a big, inflated nose from where the feeding tube is forced down his nostrils?

We couldn’t bear to tell them the truth: that their sons, husbands, fathers and brothers are simply pawns in the US game of politics where one party is always trying to "out hawk" the other, where concern about winning the next election far eclipses any respect for the rights of the prisoners. And we didn’t have the heart to tell them that most American have become so consumed by fear after 9/11 that they think that holding these prisoners in Guantanamo indefinitely somehow makes them safer?

So instead we hugged and cried together. Our delegation explained that we are totally opposed to this cruel policy. We told them that over 300,000 Americans have signed petitions calling for Guantanamo to be closed. We talked about Americans like CODEPINK co-founder Diane Wilson and Veterans for Peace Elliott Adams who are risking their own lives on a long-term solidarity hunger strike – Diane since May 1 and Elliott since May 17. We showed them photos of our protests outside the White House. I mentioned that I even interrupted President Obama’s national security speech on May 23, demanding that he take action to release the 86 prisoners cleared for release. But gnawing constantly on our minds was the fact that we are just not doing enough, not caring enough, not creative enough, not strategic enough to force a change in policy.

In 2009, President Obama had cleared 56 Yemenis for transfer home, 26 immediately with 30 others to follow. But days after Christmas Day attempt to bomb an aircraft as it was landing in Detroit, Obama placed a moratorium on the transfer of Yemeni detainees. The would-be bomber, Nigerian Umar Farouk Abdulmuttalab, who had hidden plastic explosives in his underwear, told U.S. investigators that he’d been recruited for the mission in Yemen by Anwar al Awlaki, the US-born cleric who was later killed in a U.S. drone strike in 2011.

Human Rights Minister Hooria Mashoohouras heard US officials say that Yemeni government is not stable enough or strong enough to make sure the released prisoners don’t take up arms against America. They have told her that even if some of the prisoners were totally innocent and unjustly imprisoned, now – after 11 years behind bars – they probably hate the US so much that they’ll want revenge. In our meeting with Mashoohourshe threw up her arms in exasperation. "So you abuse these men and then you keep abusing them because they might hate you for your abuse? Is that the way the US justice system works?," she asked.

Mashhour said the Yemeni government has already agreed to assign 10 government ministries to monitor repatriated detainees to ensure they don’t threaten the United States. The returnees, she said, would receive counseling, job training and other aid. She also explained how she went to Washington DC in May to sign a Memorandum of Understanding to release the cleared Yemeni prisoners, but left empty handed, complaining that she was never received at the White House.

Now the US government is setting up another obstacle: it wants Yemen to set up a rehabilitation center, but it has not committed money to fund it. Many people we talked to in Yemen believe the US government should not only fund the rehabilitation center, as this is a problem that the US created and Yemen has no money, but that it should also compensate the prisoners who have been wrongly imprisoned.

Instead, the US Congress is trying to cut off funds that could even be used to send the prisoners home. The Congressional amendment passed on June 14 is designed just for Yemen, prohibiting Department of Defense funds from being used to repatriate Yemenis. This doesn’t become law unless it is passed by the Senate and signed by the president. So there’s still time to stop it.

When we spoke about this amendment to Nadia Sakkof, an extraordinarily talented young women who is one of the key organizers of the National Dialogue Committee, she sprung into action. "Excuse me," she apologized, running over to her computer, "but this is simply unacceptable and I must do something about this right now." She fired off a message of outrage to her contacts in the U.S. Congress and wrote a letter to her colleagues at the National Dialogue Committee, asking them to join her in complaining to the US government about this new affront. By the end of the next day, 136 members of the National Dialogue had signed on and she had delivered the letter to the US Ambassador.

The following day, June 17, we planned the first-ever protest of Yemenis and Americans outside the US Embassy in Sanaa. Our 7-person delegation arrived at 10 am, thinking that perhaps a few dozen Yemenis would join us. After all, it was a weekend, the place was hard to get to, and they had very little notice in advance.

We waited, we heard a commotion. Marching up with street, in bright orange jumpsuits, were several hundred Yemeni families and their supporters. They were chanting "Freedom, freedom, where are you? Human rights, human rights, where are you?"

After the chants and speeches, we brought out a letter to send to President Obama, via the Embassy, in the name of our delegation and the Yemenis. One by one, starting with the women, the Yemenis came up to sign the letter. The ones who couldn’t write stamped their fingerprints. Even the children signed. The guards allowed a few of us to cross the barricades so we could deliver the letter to an Embassy representative. We also reiterated to the Embassy staff that earlier in the week, Ambassador Gerald Feierstein had promised to us he would meet with some of the families, and we hoped he would fulfill that promise.

At the end of the rally, we visited the National Dialogue Committee, which has been meeting for several months to co-build the foundations for a more democratic, peaceful nation. We brought orange ribbons for delegates to wear as armbands to show support for the Guantanamo prisoners. Even the security guards and reporters wanted to wear them. The 300 armbands we had quickly disappeared, with people asking for more. The support for the prisoners among the different political parties and independents at the National Dialogue is nearly universal. They say the refusal of the administration to release the Yemenis is an affront to the nation’s pride.

Attorney Mohammad Naji Allaw told us he has lost faith in Obama but he still has faith in the American people. We must work together to turn a noble page in American history. These prisoners are nearing death; time is running out. Please, go back and tell your friends in America that these are real human beings with real families, all of whom are suffering every day. The American people must do more to stop this."

Medea Benjamin is the cofounder of www.codepink.org and www.globalexchange.org. She is the author of Drone Warfare: Killing by Remote Control.