Angry Mom: Hey Attention Deficit Media, Catch a Clue!

I don’t even have a real post for this. I am so goddamned angry right now. Apparently the news media needs a recap on priorities.

There are thousands of children kidnapped by this administration, being trafficked under the guise of immigration control and border protection, shoved into all manner of care situations.

They don’t have anything to give them comfort; they are being permanently damaged at the cellular level by the stress they’ve been placed under by a heartless, thoughtless, incompetent bureaucracy.

There is no assurance so far that they are being tracked in any way.

There is no assurance they are not being abused.

Their parents are worried sick and equally damaged by these kidnappings, with no assurance they will ever be reunited with their children.

All for a misdemeanor offense of crossing a border in order to file for asylum.

The administration is making zero effort to address the root problems causing these refugees when they could be talking bilaterally with Mexico and Central American countries — they are simply not acting in good faith in any way.

The White House wants to rob Peter to pay Paul, expecting Defense Department to domestic policing.

We’re looking at executive-sanctioned kidnapping. Child abuse. Genocide by separation. Violation of Posse Comitatus Act. Possible human trafficking to unknown entities outside of government custody.

And the goddamned news media is chasing Trump’s human shield — the illegal immigrant who became legal by sleeping with a rich white dude — because of her idiotic attire. Be fucking best, indeed.

PAY ATTENTION, DAMN IT.

Where are the girls, the babies, all of the children? Where are the sick ones? And where are the dead ones?

Democratic elected officials have been trying to get answers, but they are denied access. A bipartisan group of mayors was refused access today in Texas. There’s too little coverage of this systematic denial preventing us from knowing what’s been done in our name with our tax dollars.

Do your damned jobs, media, and catch a clue. Quit chasing a deliberate distraction. There is nothing going on in or around that cheap women’s jacket which will solve the massive human-caused humanitarian disaster under way.

____

Use this as an open thread. Emphasis on media failures under the Trump administration, please.

Angry Mom: Hiding the Trumpian Genocide’s Records

When I think can’t get any angrier at this miserable excuse for governance, the Trump administration proves there isn’t a limit to how low they will go.

Sleazy, unlawful executive action without adequate oversight followed by a fog of obfuscation and prevarication is bad enough. The administration will now double down now to hide what it’s done and hope like hell nobody notices.

It doesn’t help that members of Congress, journalists, and the public still haven’t grasped the true nature of the crimes before them.

The Trump administration hasn’t merely ignored or broken existing U.S. laws on handling of asylum seekers. See 8 U.S. Code § 1158:

(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.

(B) Time limit
Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.

There’s more but the key part in boldface above. The “zero tolerance” approach to border protection violated this code. Asylum seekers do not have to apply from outside the country; they can apply once inside the country. I’m not a lawyer but I don’t see anything here that indicates asylum seekers are suddenly not eligible to apply for asylum because they crossed the border.

And nothing in the entirety of 8 U.S. Code § 1158 indicates the government may take custody of asylum seekers’ minor children with or without force.

Note also where the asylum seekers may apply — they are NOT limited to designated ports.

DHS Secretary Nielsen’s claim that border crossers had not applied through ports of entry is a lie because it wasn’t required of them.

What happens to the children appears to fit the description of kidnapping (18 U.S. Code § 1201), including section (a)(3), an “act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49” for those children who are flown by aircraft to other destinations in the U.S. out of their parents’ physical custody. It’s no wonder carriers like United Airlines and American Airlines wrote and published letters yesterday telling DHS to stop using their services for moving the children across the country.

The conditions in which many of the children have been placed also appear to be abusive; based on the children seen so far there are reports of not enough food, sedation, restraints, disruption to sleep habits, etc.

But that’s not the end of it. The entire separation of children from their families appears to be genocide under The Convention on the Prevention and Punishment of the Crime of Genocide which the U.S. has signed (1948) and ratified (1988):

Article 2
In the present Convention, genocide means any of the following acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

We have not yet seen evidence of child deaths, but section (b) is likely and (e) of Article 2 is definite — the children are now in custody of the United States government and disbursed to others’ care.

Wednesday’s executive order does nothing to remedy the situation. It doesn’t even stop the separation of children from families due to its murky wording. It exacerbates the problem by foisting some of the responsibility on the military, placing the Defense Department at odds with the Posse Comitatus Act (18 U.S. Code § 1385) as the EO expects the military to perform a domestic function — DHS’ border patrol and immigration services — which is not in response to a natural disaster.

(Oh, this is definitely a disaster, but it is human made.)

Ordering the military to provide assistance also draws defense resources away from where they may be needed, potentially creating security risks.

And yet this is not enough insult. DHS’ Immigration and Customs Enforcement (ICE) asked the National Archives and Records Administration (NARA) last year if it could change its record retention practices, according to The Memory Hole:

Immigration and Customs Enforcement (ICE) has asked for permission to destroy all its documents about the deaths of detained immigrants in custody 20 years after a case is “closed.” (Deaths in ICE custody are almost always investigated by ICE itself. A minority are investigated by the Department of Homeland Security’s Inspector General. [report])

Similarly, ICE wants to destroy all its documents about sexual assaults of detained immigrants in custody. The time frame is 20 years after a case is “closed.” (Again, ICE almost always investigates itself in these cases. The Department of Homeland Security’s Inspector General investigates around 1% of complaints/reports. [article]) NARA argues that this information is “sensitive,” implying that documents containing the identities of victims and the accused should not be kept indefinitely. ICE itself did not offer this (or any) justification.

Thankfully The Memory Hole followed up and asked for status on ICE’s request, to which NARA replied:

No final action has been taken on this schedule. NARA appraisal staff have reviewed the comments received, and held several meetings with ICE records management and program staff regarding the records being scheduled.

Proposed changes to the schedule are being reviewed internally by NARA stakeholders for internal concurrence, after which NARA will inform ICE of the required changes. NARA will then publish a follow-up Federal Register notice responding to the public comments we received. This notice will be open for public comment for 15 days from the date of publication.

But it is not yet impossible that records related to the current human-made disaster affecting thousands of children may be destroyed prematurely, depriving them of justice.

There’s simply no way that ICE should be allowed to change its records retention given the scale of the separated families disaster. And yet I have a horrible, angry feeling the Trump administration will do whatever it can to hide its role in this genocidal activity along the U.S. southwest border.

EDIT — 5:45 P.M. EDT —

I meant to add one more thing to this post. It’s imperative I add this now that the White House has tried to change the subject by using FLOTUS as a human shield with a target literally painted on her back. Do not be derailed by their bullshit. Keep asking:

Where are the girls?

Where are the babies?

Where are ALL the bodies???

Angry Mom: I See Dead Children

I see dead children.

There is no way to reconcile what the Trump administration has done — seizing children from their parents, some so young they are still breastfeeding — and the facilities they’ve established to house them without coming to the conclusion there are dead children.

@Asher_Wolf explains the situation in this Twitter thread, beginning with this tweet:

Only people who’ve never had or cared for infants and children would not know this already. If you are a parent you know this; you’ve already had to keep a child cool, calm, hydrated which can be challenging while traveling even under the best conditions.

The circumstances which drove these refugees to the border for asylum placed these children under enormous stress, unrelieved by travel across Central America and Mexico, worsened by heat across the southwest. Add the stress of interception and detention by Border Patrol on top of separation from parents — these children and babies are extremely vulnerable.

Stuff them in cages inside buildings not built to specifications for human occupation, or warehouse them in goddamned tents in unrelenting summer heat, with who knows how many qualified personnel to care for them.

There are reports some children have not received adequate food. Have they received enough water and other fluids? If they can’t feed themselves, have personnel offered the infants and toddlers enough bottles?

Looking at the best infant and child mortality rates in other countries, there would be several deaths. This is the U.S., though, which is the worst among the top 20 wealthiest countries. Looking at the recent history of refugees fleeing Syria and other parts of the middle east for EU states, there are likely more deaths than normal. We must face this truth and begin to account for all the children, alive or dead.

But so far no facilities with infants, toddlers, and preschoolers have been opened to members of Congress or journalists. Only boys have been seen on camera. Where are the girls? Where are the children under five years of age?

Journalists have asked where they are.

REPORTER: A couple of questions. One, why is the government only releasing images of the boys being held? Where are the girls? Where are the young toddlers?

NIELSEN: I don’t know. I’m not familiar with those particular images so I would have —

REPORTER: Do you know where they are? Do you know where the girls are? Do you know where the young toddlers are?

NIELSEN: We have children in D.H.S. care both, but as you know, most of the children after 72 hours are transferred to H.H.S. So I don’t know what pictures you’re referencing but I would have to refer you to H.H.S.

REPORTER: We’ve seen images of boys but we just haven’t seen any of the girls, any of the young toddlers and you’re saying they are being well cared for. So how could you make that claim if you don’t know where they are?

NIELSEN: It is not that I don’t know where they are. I’m saying that the vast majority of children are held by Health and Human Services. We transfer them after 72 hours.

 I don’t know what pictures you’re speaking about. But perhaps they’re —

REPORTER: Pictures have been released to the public, they’ve been aired all over national television.

NIELSEN: O.K., by D.H.S. or H.H.S.?

REPORTER: By [inaudible] .H.S.

NIELSEN: So let’s find out from H.H.S. I don’t think there is anything other than [cross talk] the pictures —

REPORTER: [cross talk] released by your department. I mean, they’ve have been aired all over national television throughout the day, the kids being held in the cages. We’ve only seen the boys.

NIELSEN: I will, I will look into that. I’m not aware that there’s another picture. Yes.

That DHS Secretary Nielsen can’t offer a coherent answer when asked is ridiculous and absolutely unacceptable.

That the entire administration cannot offer a consistent response to any questions is doubly so.

None of this assures me they aren’t hiding something behind all this prevarication. At this point the lack of a unified response to questions is deliberate; they’ve had ample time to get their shit together. The inconsistency itself might be a means to create a smoke screen, forcing journalists, Congress, and the public to track and compare their answers rather than storm the facilities and get the truth.

Right now, on the face of it, this administration is hiding children’s bodies, alive and possibly dead.

I don’t care about Trump’s bullshit kabuki gesture that he’ll sign something about the families separation policy. I don’t care who they point to within the administration to blame for this willful humanitarian disaster, this ethnic cleansing, this genocide waiting full disclosure, though the buck ultimately stops at the desk in the Oval Office. Until they show us otherwise and account for every single tiny human being which they have taken and for whom they are acting in parents’ or guardians’ stead, I see dead children.

Who Taught Trump about Weaponized Migration?

Amid the ongoing family separation crisis, I want to look back at something that raised a few eyebrows among the more generalized nausea at Trump’s behavior at the G-7. The WSJ reported this comment Trump made to Shinzo Abe in the context of the horror it elicited from European leaders and along with a related comment he made to Emmanuel Macron.

At one point, Mr. Trump brought up migration as a big problem for Europe and then told Mr. Abe, “Shinzo, you don’t have this problem, but I can send you 25 million Mexicans and you’ll be out of office very soon,” according to the senior EU official who was in the room. A sense of irritation with Mr. Trump could be felt, “but everyone tried to be rational and calm,” the person said.

The EU official said at another point, in a discussion over Iran and terrorism, Mr. Trump verbally jabbed at Mr. Macron, “You must know about this, Emmanuel, because all the terrorists are in Paris,’” the senior official said.

What Trump is talking about when he suggests he could send 25 million Mexicans to Japan is weaponized migration, as envisioned here, the deliberate creation of migration influxes to take out a political leader. In spite of the salience of racism in our politics, it’s not a common concept here. But in Europe, where migration from a destabilized Northern Africa and Middle East poses (as I heard a few MEPs say just before the election in 2016) the single biggest threat to the EU project, it’s a very real concern. For some time, the political cost of her human rights approach to migration has been the key weakness Angela Merkel’s opponents exploit. And in the days since the G-7, the topic of migration has threatened, for the second time this year, to collapse Merkel’s governing coalition.

For some time, there have been signs that the migration from (especially) Syria had been weaponized in two ways: first, by the seeming release of waves of migration that in their intensity would overwhelm Europe’s ability to respond. And more importantly, by the inclusion of terrorists, including returning European Arabs, among the waves of migrations. Most notably, four of the men who attacked the Stade de France on November 13, 2015 came in with a wave of other migrants. While Europeans respond more rationally to terrorist attacks than Americans do, by tying this one to migration, it made the waves of migrants in Europe far more politically toxic than they would otherwise be.

And while it was clear that the migration from Libya and Syria was being orchestrated for maximum damage, at the time (and still) it wasn’t clear who was behind it. Turkey (as the host of many of the Syrian refugees), Saudi Arabia (which maximized the instability of Syria to support ousting Assad), and Syria itself were all possibilities. On February 25, 2016 testimony viewed as particularly inflammatory, then NATO Commander Phillip Breedlove placed the blame squarely on Russia and Syria.

To the South from the Levant through North Africa, Europe faces a complicated mix of mass migration spurred by state instability and state collapse.

And masking the movement of criminals, terrorists and foreign fighters. Within this mix, Daesh — ISIL or Daesh, as I called them, is spreading like a cancer, taking advantage of paths of least resistance, threatening European nations and our own with terrorist attacks. Its brutality is driving millions to flee from Syria and Iraq, creating an almost unprecedented humanitarian challenge.

Russia’s enter into the fight in Syria has wildly exacerbated the problem, changing the dynamic in the air and on the ground. Despite public pronounces (sic) to the contrary, Russia (inaudible) has done little to counter Daesh but a great deal to bolster the Assad regime and its allies. Together, Russia and the Assad regime are deliberately weaponizing migration from Syria. In an attempt to overwhelm European structures and break European resolve.

Around the time Breedlove gave this testimony, GRU hackers would hack Breedlove as a key focus of the DC Leaks campaign that paralleled — but should in my opinion be considered a separate campaign from — the hack and leak of the DNC.

So Trump’s comment, while addressed to Abe, was instead intended for the benefit of Macron and, even more specifically, Merkel, and subsequent events have only borne out the salience of the comment.

I want to know who prepped the fantastically unprepared Trump to deliver this line. Trump knows virtually no policy well enough to deliver a zinger like this, and yet he knew how best to deliver a line to exploit the real vulnerabilities of all the European members of the G-7. And while, from the comments kicking off his campaign by inventing rapist immigrations from Mexico, Trump is perhaps at his best when he’s mobilizing racism, this comment had a more sophisticated vector than his usual bombast. Further, Trump public comments are, so often, just a regurgitation of the last person he engaged closely with. Which makes me acutely interested in who has both the access and the ability to direct his interests such that he managed this line.

There are certainly candidates in his orbit. Obviously, Stephen Miller is all too happy to politicize immigration. But in truth, it’s not clear (though the jury may still be out) that he’s any good at it. The Muslim ban has serially backfired (though we’ll see what SCOTUS says in a few hours), and unified centrists and even conservative supporters of America’s wonderful diversity against Trump in early days of his regime. The family separation policy, thus far, has provided Democrats an effective way to humanize Trump’s vicious policies, and the White House’s failure to manage the messaging of Miller’s hostage-taking has only made things worse. The other key policy effort to politicize immigration, Jeff Sessions’ focus on MS-13, has largely been a laughable dud, both because those who actually comment on the policy recognize that MS-13 is an American phenomenon, and because MS-13 has never done anything as spectacular as ISIS and Al Qaeda with which to generate visceral fear or even much press attention on the policy.

Steve Bannon, who has hob-nobbed with the European far right and is far more sophisticated than Miller, is another likely source for Trump’s remarkably sophisticated understanding of weaponized migration.

I think neither John Bolton nor John Kelly would be the culprit, the former because he’s a different kind of asshole than the racists Miller and Bannon, the latter because his racism has always lagged Trump’s and he seems to have lost much of the control he has over Trump in recent days. Mike Pompeo is also a racist, and a savvy one at that, but I’m not sure even he is cynical enough to prep this line from Trump.

Whoever it was, that line is not just horrifying on its face, but horrifying because whoever explained how weaponized migration works when wielded by competent actors seems to have privileged access to Trump right now.

Update: I first posted this at 8:27. At , Trump tweeted this:

Fifteen Years Fighting the War on Terror Would Have Inured Mike Flynn to Kidnapping

As the Wall Street Journal reported this morning, in December 2016, Mike Flynn had a second meeting with representatives of Turkey to discuss a plan to help them kidnap Fethullah Gulen.

Federal Bureau of Investigation agents have asked at least four individuals about a meeting in mid-December at the ‘21’ Club in New York City, where Mr. Flynn and representatives of the Turkish government discussed removing Mr. Gulen, according to people with knowledge of the FBI’s inquiries. The discussions allegedly involved the possibility of transporting Mr. Gulen on a private jet to the Turkish prison island of Imrali, according to one of the people who has spoken to the FBI.

The report has led to some gleeful hand-wringing (and, as always, baby cannon eruptions) from interesting quarters.

For those of us who have opposed the US practice of extraordinary rendition, sure, the notion that Flynn would work with a foreign country to assist in the illegal kidnapping of someone that country considered a terrorist does seem outrageous. But for those who, not so long ago, worried that counterterrorism success might lead us to eschew things like extraordinary rendition, I’m not sure I understand the hand-wringing.

Yet the more effectively we conduct counterterrorism, the more plausible disbelief becomes and the more uncomfortable we grow with policies like noncriminal detention, aggressive interrogation, and extraordinary rendition. The more we convince ourselves that the Devil doesn’t really exist, the less willing we are to use those tools, and we begin reining them in or eschewing them entirely. And we let the Devil walk out of the room.

Especially not when you consider Mike Flynn’s service to the country. For fourteen years, Flynn played a key role in counterterrorism policy, serving in an intelligence role in Afghanistan when we were paying Pakistan bounties just to have enough Arabs to fill Gitmo, serving as Director of Intelligence for JSOC for some of the bloodiest years of the Iraq War, then serving in another intelligence role in Afghanistan during a period when the US was handing prisoners off to Afghanistan to be tortured.

That’s what two presidents, one a Nobel Prize winner, and another increasingly rehabilitated, asked Mike Flynn to do. And in that role, I have no doubt, he was privy to — if not directly in the chain of command — a whole lot of legally dubious kidnapping, including from countries with respectable institutions of law. (In related news, see this report on MI6 and CIA cooperation with Gaddafi, including kidnapping, after 9/11.)

So having spent 14 years kidnapping for the United States, why is it so odd that Flynn would consider it acceptable to help one of our allies in turn, to help them kidnap the kinds of clerics we ourselves have targeted as terrorists.

There is, of course, something different here: the suggestion that Flynn and his son might profit mightily off the arrangement, to the tune of $15 million.

Under the alleged proposal, Mr. Flynn and his son, Michael Flynn Jr., were to be paid as much as $15 million for delivering Fethullah Gulen to the Turkish government, according to people with knowledge of discussions Mr. Flynn had with Turkish representatives. President Recep Tayyip Erdogan, who has pressed the U.S. to extradite him, views the cleric as a political enemy.

But even the notion of bribery to facilitate human rights abuses is not something the US forgoes. One of the biggest disclosures from the SSCI Torture Report, for example, is how the Bush Administration worked to bribe other countries to let us build torture facilities in their countries.

The buddies of those now scolding such arrangements were part of that bribery operation.

The big question with Flynn is whether the similar bribe for this kidnapping operation would have been different from those under the table bribes we paid for our torture facilities. Did they go into the countries’ populace, or did they get pocketed by the national security officials doing the dirty deeds?

I actually don’t mean it to be a gotcha — though I would sure appreciate a little less hypocritical squeamishness from those who elsewhere view such irregular operations as the cost of keeping the country safe (as Erdogan claims to believe to be the case here).

Rather, I raise it to suggest that Mike Flynn knows where the bodies are buried every bit as much as David Petraeus did, when he was facing a criminal prosecution to which the best response was graymail. Flynn surely could demand records of any number of kidnapping operations the United States carried out, and he might well be able to point to bribes paid to make them happen, if Robert Mueller were to charge him for this stuff. It’s different, absolutely, that it happened on US soil. It may (or may not be) different that an individual decided to enrich himself for this stuff.

But this is the kind of thing — Mike Flynn knows well — that the US does do, and that certain hawks have in the past believed to be acceptable.

In Historic Settlement, CA Dramatically Changes Its Solitary Confinement Practices

CA has long had a practice of putting gang affiliates in solitary confinement, not for any behavioral purposes, but to coerce people to inform on their gang-mates. Back in 2012, a group of prisoners — Todd Ashker, Sitawa Nantambu Jamaa, Luis Esquivel, George Franco, Richard Johnson, Paul Redd, Gabriel Reyes, George Ruiz, Danny Troxell, spanning several affiliations — sued to end the practice. Along the way they’ve also engaged in hunger strikes to call attention to the practice.

The suit just settled. Within short order, almost all of the prisoners who’ve been in long term solitary will be released into the general population. Solitary will be behaviorally based going forward, rather than affiliation based. For those put in solitary for behavioral issues, there will be a designated step-down process, and they’ll get significantly more out-of-cell time than currently. There will be new group housing alternative to solitary. And the prisoners will be a key part of ensuring compliance with this settlement.

The joint statement from the plaintiffs emphasizes the degree to which they won this settlement by working together.

This settlement represents a monumental victory for prisoners and an important step toward our goal of ending solitary confinement in California, and across the country. California’s agreement to abandon indeterminate SHU confinement based on gang affiliation demonstrates the power of unity and collective action. This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters. Our movement rests on a foundation of unity: our Agreement to End Hostilities. It is our hope that this groundbreaking agreement to end the violence between the various ethnic groups in California prisons will inspire not only state prisoners, but also jail detainees, county prisoners and our communities on the street, to oppose ethnic and racial violence. From this foundation, the prisoners’ human rights movement is awakening the conscience of the nation to recognize that we are fellow human beings. As the recent statements of President Obama and of Justice Kennedy illustrate, the nation is turning against solitary confinement. We celebrate this victory while, at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle. We are fully committed to that effort, and invite you to join us.

Center for Constitutional Rights has more on the settlement here, including depositions from the plaintiffs dating to last year.

This is really great news. Let’s hope it serves as a model for reform elsewhere.

 

Torture? Obviously, But What About Litany Of Other Crimes?

So, just a quick thought here, and with a little prompting by Jon Turley, obviously there is torture, and outright homicide thereon, spelled out and specified by the SSCI Torture Report. As I have said on Twitter, there are many things covered in the SSCI Torture Report and, yet, many things left out.

There are too many instances in the SSCI Torture Report to catalogue individually, but let’s be perfectly clear, the failure to prosecute the guilty in this cock up is NOT restricted to what is still far too euphemistically referred to as “torture”.

No, the criminality of US Government officials goes far beyond that. And, no, it is NOT “partisan” to point out that the underlying facts occurred under the Cheney/Bush regime (so stated in their relative order of power and significance on this particular issue).

As you read through the report, if you have any mood and mind for actual criminal law at all, please consider the following offenses:

18 U.S.C. §1001 False Statements

18 U.S.C. §1621 Perjury

18 U.S.C. §1505 Obstruction of Justice

These are but a few of the, normally, favorite things the DOJ leverages and kills defendants with in any remotely normal situation. I know my clients would love to have the self serving, toxically ignorant and duplicitous, work of John Yoo and Jay Bybee behind them. But, then, even if it were so, no judge, court, nor sentient human, would ever buy off on that bullshit.

So, here we are. As you read through the SSCI Torture Report, keep in mind that it is NOT just about “torture” and “homicide”. No, there is oh so much more there in the way of normally prosecuted, and leveraged, federal crimes. Recognize it and report it.

Abu Wa’el Dhiab and Five Others Released to Uruguay

Abu Wa’el Dhiab, the Gitmo prisoner at the center of an ongoing force-feeding controversy, has been released to Uruguay along with five others.

Dhiab’s Reprieve lawyer, Cori Crider, said this in a statement.

Cori Crider, a Director at Reprieve and a lawyer for Mr Dhiab, said: “We are grateful to the government of Uruguay – and President Mujica in particular – for this historic stand. Very few people can truly comprehend what the cleared men in Guantánamo suffer every day, but I believe Mr. Mujica is one of them. Like President Mujica, Mr Dhiab spent over a dozen years as a political prisoner. Mr Dhiab was never charged, never tried. President Mujica spent two years at the bottom of a well; for most of the past two years, Mr Dhiab has had a team of US soldiers truss him up like an animal, haul him to a restraint chair, and force-feed him through a tube in his nose. The President’s compassion has ended that torture.

“Despite years of suffering, Mr Dhiab is focused on building a positive future for himself in Uruguay. He looks forward to being reunited with his family and beginning his life again. Let’s not forget that Mr Dhiab and the others freed today leave behind many men just like them: cleared prisoners warehoused in Guantánamo for years. Reprieve hopes that other countries will follow the positive example set by the Uruguayan government today, and help President Obama close this shameful prison.”

Carol Rosenberg has more background on the transfer, which has been held up for months even as Dhiab fought over whether he has to be tortured to eat.

The roots of Sunday’s transfer were planted in January when Sloan, the State Department special envoy for Guantánamo closure, traveled to Uruguay to pitch the idea, according to Obama administration officials who spoke on condition of anonymity because they were not authorized to talk about it.

He found the nation’s now 79-year-old president, Mujica, sympathetic as a former 14-year political prisoner who spent much of his captivity in solitary confinement for his guerrilla activities with the Tupamaro revolutionary movement.

In February, Montevideo sent a delegation to the U.S. Navy base in Cuba to interview detainees. They chose six for resettlement, among them Dhiab, a 6-foot-5-inch sickly man whose lawyers said refused to eat not to die but to protest his indefinite detention despite notice that he could leave once a nation agreed to take him.

While some quarters of the U.S. government were pleased with the deal, Secretary of Defense Chuck Hagel was slow to approve it. It sat on his desk for months, awaiting his signature, while intelligence analysts evaluated it. Before he signed it, the White House ordered the truly clandestine transferof five Taliban prisoners to Qatar in a trade for POW Bowe Bergdahl on May 31 — drawing protest on Capitol Hill that Congress had not been informed in advance.

Hagel finally approved the Uruguay release in July and sent the required 30-day notice to Congress.

By then, however, the disclosure had stirred domestic debate in Uruguay in the midst of the presidential campaign to pick Mujica’s successor.

I honestly wasn’t sure Dhiab would survive long enough to be able to take this transfer. I worried that he, like Adnan Latif before him, would be suicided while he waited. And it sounds like his health is still pretty dodgy.

I wish him and his family the best of luck in Uruguay.

If Videos of Feeding Can Be Used as Propaganda, You’re Doing It Wrong

Unsurprisingly, the government has just appealed Gladys Kessler’s order that it release the videos of Abu Wa’el Dhiab. h/t Josh Gerstein

DOJ cited a number of reasons why releasing videos of US service members feeding a indefinitely detained prisoner who had been cleared for released years earlier. But one of them is the propaganda to which our adversaries might use such videos.

 (4) use of the videos in propaganda by entities hostile to the United States;

Apparently, if the rest of the world saw how we fed our indefinitely detained prisoners, they would start bombing us.

But honest, DOJ says, it’s not torture and it’s not punitive.

Update, from an affidavit submitted by Rear Admiral Sinclair Harris. (h/t Ryan Reilly)

There is little doubt that ISIL would use imagery from Guantanamo Bay to further encourage its supporters and followers to attack military and government personnel.

He likens releasing these videos to the release of Marines pissing on corpses and news of the US burning Qurans.

He explains if AQAP got it, they might use it to support a recent claim made in Inspire claiming, “America has lost the most important element of global leadership: morals and principles.”

Gitmo: Broken Minds, Broken Justice

The WaPo reports that Judge James Pohl has just severed Ramzi Bin al-Shibh from 9/11 trial, creating two 9/11 trials. He did so for two reasons: because he could not quickly resolve whether the FBI investigation into defense attorneys has compromised his representation, and because the court has not yet determined whether he is competent to stand trial.

Army Col. James L. Pohl said the court needs to resolve whether Binalshibh has the mental capacity to participate in a trial and whether he needs another lawyer because of a potential conflict of interest after theFBI questioned members of his defense team.

These issues “are not expected to be completed in the near term,” Pohl said in his order.

While both issues are emblematic of the clusterfuck that is Gitmo, I’m particularly struck by the uncertainty whether bin al-Shibh is competent.

Earlier this year, prosecutors asked the judge to evaluate Binalshibh after he repeatedly interrupted court proceedings and had to be removed because he ignored warnings to stop the disruptions. However, neither the government nor Binalshibh’s lawyer argue that he is mentally incompetent.

“The judge’s decision today seems to indicate that the issue of competency is still open,” [bin al-Shibh lawyer James] Harrington said. “We have to clarify that with him.”

After all, the entire point of the torture program was to break these men. They succeeded in doing so with bin al-Shibh (that is confirmed by other sources). But now they can’t try him — it sounds like this severance is probably a tacit admission he can never stand trial, for a variety of reasons.

I would much prefer civilian justice, and have said so numerous times. But this Kangaroo Court in Gitmo has sure succeeded in demonstrating all the problems with the US counterterrorism approach.

image_print