Gregoria Lopez sought shelter after her umbrella failed in the winds of Hurricane Dolly as the storm approached downtown Brownsville, Tex. Ms. Lopez, of Brownsville, was trying to get to the bridge to cross into Mexico. (NY Times)
The ACLU has released a series of memos between the Justice Department and the CIA effectively claiming that “as long as CIA agents could convince themselves they were not deliberately inflicting severe pain or suffering on detainees, they were free to do virtually anything in their questioning of suspected terrorists, including waterboarding.”
From an August 2002 memo:
To violate the statute [against torture], an individual must have the specific intent to inflict severe pain or suffering. Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture. As we have previously opined, to have the required specific intent, an individual must expressly intend to cause such severe pain and suffering. (Link)
The Associated Press reports on the August 2002 memo:
(The) DoJ memo told the CIA "that its interrogators would be safe from prosecution for violations of anti-torture laws if they believed `in good faith' that harsh techniques used to break the will of prisoners, including waterboarding, would not cause 'prolonged mental harm.'
The Aug. 1, 2002 memo signed by then-Assistant Attorney General Jay Bybee was issued the same day he wrote a memo for then-White House Counsel Alberto Gonzales defining torture as only those "extreme acts" that cause pain similar in intensity to that caused by death or organ failure. That memo was later rescinded by the Justice Department.
Wow, that's some lousy legal advice. If you didn't really mean to torture a detainee you can't be criminally prosecuted for breaking anti-torture statutes. You will always have deniability. (I suppose, using the same logic, murderers can argue they shouldn't be charged with murder because they really didn't mean to kill their victim).
Reading excerpts from the memos, I was reminded of the recent interview with the North Vietnamese prison guard that held John McCain at the Hanoi Hilton prisoner of war camp:
"If
I were an American voter, I would vote for Mr. John McCain," Tran Trong
Duyet said Friday, sitting in his living room in the northern city of
Haiphong, surrounded by black-and-white photos of a much younger
version of himself and former Vietnam War prisoners.
At the same time, he denies prisoners of war were tortured.
Despite detailed POW accounts and physical wounds, Duyet claims the
presumed Republican presidential nominee made up beatings and solitary
confinement in an attempt to win votes. (Link)
That's really the way it works, isn't it? Torturers will never admit they've tortured. It's all about developing that deniability.
This just goes to prove you can make a poll come out any way you
want based on how the questions are phrased. Here's some questions
from the FOX News poll:
Have you heard any of your friends and neighbors say there is something about Barack Obama that scares them?
Yes 49%
No 50%
Have you heard any of your friends and neighbors say there is something about John McCain that scares them?
Yes 36%
No 62%
Some people believe Barack Obama, despite his professed Christianity,
is secretly a Muslim. Others say that is just a rumor and Obama really
is a Christian as he says, and point out he's attended a Christian
church for years. What do you believe -- is Obama a Muslim or a
Christian?
Muslim 10%
Christian 57%
John McCain was
held captive for five years in a North Vietnamese prisoner of war camp.
Do you think that experience would make McCain a better president or a
worse president?
Better 49%
Worse 11%
No Difference (voluntary) 33%
Do you think Barack Obama's trip to Iraq, Afghanistan and the Middle
East is better described as a fact-finding trip or as a campaign event?
Fact-finding 19%
Campaign event 47%
Both (voluntary) 25%
As noted earlier, talks are underway in South Africa between Zimbabwean rivals Zanu PF and MDC.
The
delegates, from Zimbabwe President Robert Mugabe's ZANU-PF, and both
factions of the Movement for Democratic Change, are expected to devote
the next 14 days, uninterrupted, to the negotiations.
There have been reports that it may be possible for the delegates to reach final agreement within that timeframe.
While
not specifically incorporated in the agenda for these talks, the
security forces, and particularly the Joint Operations Command, will
require close attention from the delegates. The Joint Operations
Command is run by a senior party official, the various military
commanders, the chiefs of police and prisons, and the country's senior
intelligence official.
Raftopoulos says this group is the power behind Mr. Mugabe.
"The Joint Operation Command has basically been running the country, certainly during this election period. And they have played an enormously destructive role in the violence, in fact coordinating it and orchestrating it," he added. "So their future role obviously requires a reform of their role and certainly a re-look at the security apparatus generally." (Link)
The militia issue is not trivial. These "green bomber youths" wreaked havoc in Zimbabwe prior to the runoff election and now are feeling a bit vulnerable since President Mugabe appears to be abandoning them and their victims have new power.
Two
of the young men, who had spent months beating, looting, raping and
killing people in their neighborhood near Harare, sat recently with
anxious eyes and furrowed brows. They looked so non-threatening that it
was difficult to picture them beating up a 12-year-old just for wearing
red, or helping to burn a house where people died in the flames in the
months before the June 27 presidential runoff. They behaved like guilty
boys, defensive about their "chores.
Like
his victims, the 25-year-old lives with fear. He believes the spirits
of those he killed will come and take vengeance. He is afraid to walk
alone in his neighborhood, because an angry mob might rise up and kill
him for what he has done in Mugabe's name.
And he's afraid of his superiors. "If you don't do it, they can just
tell you, 'You are a spy;' they can start beating you, or kill you."
He's remorseful, up to a point; but mostly he blames his commanders. He was only "following orders." (Link)
Ah, the old "I was only following orders" defense. Some truly horrible deeds have been done throughout history using that defense.
Needless to say, the Zimbabwe situation is perilous. Given Mugabe's actions and statements prior and just following the rigged and illegal runoff election, one might presume his intentions are not all that honorable. Let's hope for the best.
Endorsements are all important. John McCain has scored a big one...Grandpa Abe Simpson.
As it turns out, there are some similarities between the Senator and Grandpa
Video of Barack Obama's speech today at the Victory Gate in Berlin, Germany.
It's easy to be consumed by all the bad stuff. The economy, an often lame presidential race, gasoline prices pushing $5/gallon, and an Administration that has contempt for the Constitution and rule of law.
But look a little higher....and there's some pretty good news out there:
- David Ignatius has a column in todays Washington Post about the ongoing discussions between sworn enemies, Israel and Syria.
- Serbian war criminal Radovan Karadzic was apprehended and will face charges before the World Court for genocide.
- Power sharing talks between rival Zimbabwe forces Zanu-PF and MDC began in South Africa today.
- U.S. presidential candidate Barack Obama spoke today before 200K screaming, American flag waving Germans in Berlin.
- Sudanese President Bashir was finally charged with genocide and crimes against humanity for his governments crimes in Darfur.
It's good to take a few steps back sometimes....
Claiming to speak not as a presidential candidate, "but as a citizen
– a proud citizen of the United States, and a fellow citizen of the
world", Barack Obama addressed a crowd of 200,000 in Berlin today.
It was a broad, wideranging speech, touching on the German/American alliance since WWII, global warming, nuclear proliferation, the need for allies, the Israel/Palestinian conflict, Darfur, Zimbabwe, Iran, and the work left in Iraq and Afghanistan.
An excerpt:
I
know my country has not perfected itself. At times, we’ve struggled to
keep the promise of liberty and equality for all of our people. We’ve
made our share of mistakes, and there are times when our actions around
the world have not lived up to our best intentions.
But I also
know how much I love America. I know that for more than two centuries,
we have strived – at great cost and great sacrifice – to form a more
perfect union; to seek, with other nations, a more hopeful world. Our
allegiance has never been to any particular tribe or kingdom – indeed,
every language is spoken in our country; every culture has left its
imprint on ours; every point of view is expressed in our public
squares. What has always united us – what has always driven our people;
what drew my father to America’s shores – is a set of ideals that speak
to aspirations shared by all people: that we can live free from fear
and free from want; that we can speak our minds and assemble with
whomever we choose and worship as we please.
These are the
aspirations that joined the fates of all nations in this city. These
aspirations are bigger than anything that drives us apart. It is
because of these aspirations that the airlift began. It is because of
these aspirations that all free people – everywhere – became citizens
of Berlin. It is in pursuit of these aspirations that a new generation
– our generation – must make our mark on the world.
People of
Berlin – and people of the world – the scale of our challenge is great.
The road ahead will be long. But I come before you to say that we are
heirs to a struggle for freedom. We are a people of improbable hope.
With an eye toward the future, with resolve in our hearts, let us
remember this history, and answer our destiny, and remake the world
once again.
A sampling of German newspapers documenting Barack Obama's visit to Germany today.
The U.S. backed provincial elections in Iraq have suffered a setback when Iraq's presidential council rejected a draft election lawand returned it to the Iraqi Parliament for reworking. The elections, scheduled for this autumn, will now likely be delayed.
The
elections are expected to redistribute power in Iraq's 18 provinces in
what is considered a necessary step toward reconciliation. Many Sunni
Arabs boycotted provincial balloting in January 2005, enabling Shiite
Muslims and Kurds to win a disproportionate share of power.
Talabani's rejection had been anticipated after parliament approved the
law Tuesday despite a Kurdish walkout to protest a secret ballot held
on a section dealing with the disputed oil-rich Kirkuk region.
Talabani said earlier Wednesday that he could not approve a law that
was approved by only 127 members of the 275-strong parliament. The body
had claimed it passed since the 127 represented a majority of the 140
lawmakers present for the voting.
"But if the law is not approved in the coming week, then the date will be changed to sometime in 2009," the official said, speaking on condition of anonymity because of security concerns. (Link)
Reconcilliation and power redistribution would be considered positive progress for the Maliki government by the White House. However, it's not clear that the law is in Prime Minister Maliki's best interest. Maliki supports a powerful central government controlled by Shia, and a redistributing power to Sunni and Kurdish provincesmay make the Bush Administration happy, it goes counter to Maliki's goals and objectives.
It's becoming increasingly clear the Iraqis want to flex their sovereign muscles. The recent demand for timetables for U.S. troop withdrawals and, now, this rejection of the U.S. favored provincial elections is further evidence the Mailiki government cares a whole lot more aboutsecuring their own power in Iraq and less about the desires of a lame duck Bush Administration.
