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Today's Stories April 24, 2008 Jennifer Van Bergen April 23, 2008 Cockburn / St. Clair Vijay Prashad Paul Craig Roberts Stephen Soldz Laura Santina John Stauber / Dave Lindorff George Ciccariello-Maher Ralph Nader John Weisheit Website of the Day April 22, 2008 David Isenberg Stan Cox David Macaray Jeff Birkenstein Mike Whitney Nikolas Kozloff Floyd Rudmin Carlos Villarreal Ray McGovern Michael Gould-Wartofsky Robert Ovetz Pat Wolff Website of the Day
Bill Quigley Uri Avnery Dave Lindorff Wajahat Ali Andy Worthington Robert Jensen Ron Jacobs Dan Bacher Harvey Wasserman Danny Alexander Website of the Day April 19 / 20, 2008 Alexander Cockburn Patrick Cockburn Wajahat Ali Andrew Wimmer Rev. William E. Alberts David Rosen Robert Fantina Ramzy Baroud Saul Landau Dr. Susan Block David Yearsley Phyllis Pollack Jeffrey St. Clair Poets' Basement April 18, 2008 John Ross Dave Lindorff Dan Glazebrook Carl Finamore Rannie Amiri Richard Morse Ko Young-dae Farooq Sulehria
April 17, 2008 Michael Hudson Robert Bryce Kathy Kelly Madis Senner Peter Morici Ron Jacobs William S. Lind James Murren Ben Terrall Walter Brasch Website of the Day
April 16, 2008 Bill Kauffman Roxanne Dunbar-Ortiz Saul Landau Peter Morici Eric Toussaint / Jeff Ballinger David Macaray Gary Leupp Richard Morse George Ciccariello-Maher Dave Lindorff Website of
the Day
April 15, 2008 Ralph Nader Uri Avnery Brian Cloughley David Price Joe Bageant Steve Early Mats Svensson Michael Donnelly April Howard / Laray Polk Charles Modiano Website of
the Day
April 14, 2008 Carl Finamore Michael Hudson M. Shahid Alam Patrick Cockburn Paul Craig Roberts Joanne Mariner Martha Rosenberg Dave Lindorff P. Sainath John V. Whitbeck Website of the Day
April 12 / 13, 2008 Alexander Cockburn Patrick Cockburn Mike Whitney David Yearsley Robert Fantina Conn Hallinan Bill Hatch Ramzy Baroud George S. Hishmeh Ron Jacobs Nikolas Kozloff Charles Thomson Alexander Billet Missy Beattie David Michael Green Seth Sandronsky Prairie Miller Jeffrey St.
Clair Poets' Basement Website of
the Weekend
April 11, 2008 Nikolas Kozloff Wajahat Ali Sharon Smith Yigal Bronner
/ Neve Gordon Alan Farago Dave Lindorff George Wuerthner Christopher
Brauchli Website of the Day
April 10, 2008 Mathieu Vernerey Elizabeth Schulte David Macaray Ashley Smith Peter Morici Jacob Hornberger Harold Austin Website of the Day
April 9, 2008 Paul Craig
Roberts Winslow T.
Wheeler C. Hand Paul Krassner Paul Wolf Wajahat Ali Karyn Strickler Dan La Botz Eric Walberg Robin Millenthal Website of the Day April 8, 2008 Mike Whitney Nikolas Kozloff Greg Moses Joshua Frank John Ross Michael Donnelly John V. Walsh Jeff Nygaard Bill Piper Sen. Russ Feingold Website of the Day
April 7, 2008 Ishmael Reed Harry Browne
Uri Avnery Lenni Brenner Ayesha Ijaz Khan Robert Fisk Edwin Krales Chris Genovali Website of the Day
April 5 / 6, 2008 Alexander Cockburn Ramzy Baroud Ralph Nader David Yearsley Saul Landau Paul Craig
Roberts Lawrence Korb / Ian Moss Seth Sandronsky John Ross Robert Fantina David Michael Green Missy Beattie Patrick Bond Dr. Susan Block Phyllis Pollack Adam Engel Jeffrey St. Clair Poets' Basement Website of the Weekend
April 4, 2008 Dave Lindorff Greg Moses Ron Jacobs Alan Farago Alison Weir David Rosen Robert Weissman Jacob Hornberger Jackie Corr Carl Finamore Laray Polk Susie Day Website of
the Day
April 3, 2008 Peter Morici Joe Bageant Andy Worthington Nikolas Kozloff Rannie Amiri David Macaray Stephen Lendman Website of
the Day
April 2, 2008 Diane Farsetta Harry Browne Wajahat Ali George Wuerthner Col. Dan Smith Philippe Marlière Steve Early Bernard Chazelle Reza Fiyouzat
April 1, 2008 Jeff Leys Thomas P. Healy Winslow T. Wheeler Roxanne Dunbar-Ortiz Patrick Irelan Andy Worthington John V. Walsh Michael J.
Smith Robert Weissman Dave Lindorff Martha Rosenberg Website of
the Day
March 31, 2008 Mike Whitney Mats Svensson Paul Rockwell Paul Craig Roberts Patrick Cockburn Peter Dale Scott Alfredo Molano Peter Morici Uri Avnery Michael Simmons Betsy Roberts
/ Karen Orr Phyllis Pollack Website of
the Day
Alexander Cockburn Patrick Cockburn Mike Whitney Christopher Brauchli William Blum Robert Fantina John Ross Allison Kilkenny Nelson P. Valdés Suzanne Baroud Richard Rhames Christopher Fons Carl Finamore Eamonn McCann Missy Beattie Fred Gardner Kim Nicolini David Yearsley Jeffrey St.
Clair Poets' Basement Website of
the Weekend
March 28, 2008 Saul Landau Alan Farago Peter Morici Andy Worthington Felice Pace Peter Montague Dave Lindorff March 27, 2008 Patrick Cockburn Binoy Kampmark Joanne Mariner Norman Solomon William S. Lind John V. Walsh Robert Weissman Ron Jacobs Ralph Nader David Macaray John Borowski Website of
the Day
March 26, 2008 Stan Cox Sharon Smith Anita Sinha / Jill Tauber Matt Vidal William S. Lind Joe Mowrey Dave Lindorff Ray McGovern Justin Smith Sam Husseini Martha Rosenberg Michael Dickinson Website of the Day
March 25, 2008 Ishmael Reed Corey D. B.
Walker Linn Washington Jr. Alan Farago Vijay Prashad Joshua Frank Ralph Nader David Rovics Peter Morici Dave Zirin David Krieger Website of
the Day March 24, 2008 Jeffrey St.
Clair Peter Morici Uri Avnery Wajahat Ali Paul Craig Roberts George Ciccariello-Maher Stephen Lendman Christopher
Brauchli Cat Woods Stacey Warde Dave Lindorff Website of
the Day
March 22 / 23, 2008 Ralph Nader Nicole Colson James Petras Laura Carlsen Greg Moses Andy Worthington Michael Dickinson John Ross Missy Comley Beattie David Michael
Green Ramzy Baroud Martha Rosenberg Paul Watson Isabella Kenfield James Murren Jacob Hornberger Kathlyn Stone Seth Sandronsky Kim Nicolini Jeffrey St.
Clair Poets' Basement Website of
the Weekend
March 21, 2008 Marleen Martin Peter Montague Saul Landau Anis Hamadeh Jacob Hornberger Khalil Nakhleh Adam Isacson Kenneth Couesbouc Madis Senner Monica Benderman Website of the Day March 20, 2008 Damien Millet
/ Mike Whitney John Ross Dave Lindorff Wajahat Ali Jill Nagle Manuel Garcia, Jr. Dan La Botz Robert Weissman Stella Dallas
/ Website of the Day
March 19, 2008 Patrick Cockburn Robert Fisk Jeff Taylor Ed Ruggero Ron Jacobs Christopher
Fons Sherwood Ross Cynthia McKinney Joshua Frank Robert Weissman Walter Brasch Yifat Susskind Andrew Wimmer Website of
the Day
March 18, 2008 David Price Paul Craig
Roberts Tim Wise Patrick Cockburn Conn Hallinan James T. Phillips Uri Avnery David Macaray Marjorie Cohn Peter Zinn Dan La Botz Monica Benderman
March 17, 2008 Pam Martens Sasan Fayazmanesh Nelson P. Valdés Peter Morici Wajahat Ali Ronnie Cummins Shaun Harkin Ali Khan Robert Jensen P. Sainath Greg Moses Dr. Susan Block Website of the Day
March 15 / 16, 2008 Patrick Cockburn Mike Whitney Ralph Nader Robert Pollin Diane Christian Wajahat Ali Tom Wright
/ Alan Farago Greg Moses Michael Hudson Martha Rosenberg John Goekler Uzma Aslam
Khan Oren Ben-Dor David Underhill Fred Gardner David Michael
Green Rev. William E. Alberts Gail Dines David Yearsley Chris Clarke Poets' Basement Website of
the Day
March 14, 2008 Paul Craig
Roberts Don Santina
Patrick Cockburn
Tim Rinne Robert Fantina
Saul Landau
David Macaray
Franklin Lamb
Michael Neumann
March 13, 2008 Paul Craig
Roberts Mike Whitney
Assaf Kfoury
Andy Worthington Adam Federman
March 12, 2008 Dave Lindorff
R.F. Blader
Yonatan Mendel
Jonathan Cook
Bill and Kathy
Christison James J. Brittain
Ron Jacobs
March 11, 2008 Paul Craig
Roberts Ed O'Loughlin
Ramzy Baroud Kathy Christison
China Hand John Joslin
Mike Averko
Ben Rosenfeld
Thierry Paquot
March 10, 2008 Uri Avnery
Col. Dan Smith
R.F. Blader
Michael Neumann
Bob Fitrakis
and Harvey Wasserman James J. Brittain
Missy Comley
Beattie March 8-9, 2008 Weekend Edition JoAnn Wypijewski
Mike Whitney
Peter Morici
Ralph Nader
Jonathan Cook
Steve Niva
Bill and Kathy
Christison Hervé
Do Alto and Franck Poupeau Eric Walberg
Scott Johnson
Mark Scaramella
Bill Clinton Poet's Basement
Website of
the Weekend March 7, 2008 Patrick Cockburn
Robin Blackburn
Saul Landau
Binoy Kampmark
Chris Floyd
Andy Worthington Will Potter March 6, 2008
March 6, 2008 Vincent Navarro Forrest Hylton Peter Morici George Ciccariello-Maher John Ross Jacob Hornberger Paul Watson Dan Bacher Website of the Day
March 5, 2008 Cockburn /
St. Clair Joanne Mariner Fidel Castro Christopher
Brauchli Steven Sherman Dave Lindorff James Murren Adam Engel Website of Day
March 4, 2008 Wajahat Ali William Blum Bill Quigley Ralph Nader Patrick Irelan James J. Brittain
/ Norman Solomon Jacob Hornberger Andy Worthington Mike Averko Website of the Day
March 3, 2008 Jennifer Loewenstein Alan Farago Richard Gott Wajahat Ali Paul Craig Roberts Robert Weissman Uri Avnery Martha Rosenberg Eva Liddell Michael Donnelly Website of the Day
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April 24, 2008
The President's ExecutionerThe High Crimes of John YooBy JENNIFER VAN BERGEN The title of this article --The President's Executioner --is a play on words. It refers to professor John Yoo, who teaches law at Boalt Hall, University of California, Berkeley. But this man --mild-mannered by all appearances --is not what he seems. He is the man who was, more often than nearly any other, behind the White House decisions to violate the international laws of war. He was the one who told the White House how to get away with committing war crimes. While he may have been a henchman for others who instructed him to make the arguments he did, he repeatedly refused to reverse himself, both while he worked in the Department of Justice and after he left that office and returned to academia. But it was also during this time period, as we now know, that the Department of Justice became “politicized.” Instead of executing the laws as it should have been doing, the Justice Department became an instrument of President Bush, executing his wishes. And John Yoo executed White House wishes to twist the law into something it was not and was not meant to be. Yoo, however, did more than execute orders. The so-called “Torture Memos,” in the writing of which Yoo was an active and primary participant, opened the door to such abuse of the laws that some detainees were actually murdered. For all practical purposes, they were executed, without a trial or guilty verdict. Thus, the President's Executioner. Yoo & the Unlimited Executive Professor Yoo teaches the following courses: International Civil Litigation, International Law, Constitutional Law, Foreign Relations Law, Civil Procedure, International Trade, Separation of Powers Law. These courses cover big issues. They relate not to person-to-person issues, to one family's inheritance, a personal injury lawsuit, or a burglary. Most of the courses Professor Yoo teaches relate to how our country is run and who has the power to do what, internally and internationally. But it would be a mistake to rely on Yoo's advice in these areas, for he would be interpreting laws he has broken and advised others to break. The Office of Legal Counsel (OLC) at the Department of Justice is the office that issues legal opinions for the President and other departments (including the Department of Defense) in the executive branch. OLC opinions are relied on by these offices to guide them in carrying out their jobs. They are rarely rescinded, having almost the precedental effect of judicial decisions. Yoo was the Deputy Assistant Attorney General in the OLC. While there he participated in authoring several documents, all of which became mainstays of the administration's policies at particular points and most or all of which the OLC later rescinded. The memos all manifest one characteristic: they all suggest that the President, as President and Commander-in-Chief, has the authority to violate any laws or treaties he sees fit in order to protect the country. Jack Goldsmith, a Harvard law professor who became Deputy Attorney General after Yoo left and who was the one who made the difficult (and unpopular) decision to rescind Yoo's opinions (and who later resigned because of it), writes in his book “The Terror Presidency: Law and Judgment Inside the Bush Administration” that Yoo's “interrogation opinions” contained an “unusual lack of care and sobriety in their legal analysis,” and that “[n]owhere was this more evident than in the opinions discussion of the President's commander-in-chief powers.” (p. 148) Yoo's opinion went much further than necessary, Goldsmith thought. Yoo wrote:
Of course, the “interrogation opinion” was not Yoo's only one, as we now know. The Yoo Memos Yoo's memos were written in the wake of 9/11. On September 18, 2001, Congress issued the Authorization to Use Military Force (AUMF), which authorized President Bush to:
Only fourteen days after 9/11 and a week after Congress issued the AUMF, Yoo submitted his first memo: “Memorandum Opinion for the Deputy Counsel to the President” titled “The President's Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them.” This memo claimed: The President has constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations. The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11. On November 13, 2001, the White House issued a Presidential Military Order (PMO) on detentions, which Yoo co-authored with Vice President Cheney's legal counsel, David Addington. The PMO purported to authorize the Secretary of Defense to detain terrorist suspects indefinitely and created military commissions to try those he decided to try. It established procedural baselines for commissions which (along with later-issued DOD procedures) were later ruled unconstitutional by the Supreme Court in Hamdan v. Rumsfeld. A little over a month later, on December 28, 2001, Yoo submitted another memorandum, this time co-authored with fellow Deputy Assistant Attorney General Patrick F. Philbin, to William J. Haynes II, General Counsel to the Department of Defense, titled “Possible Habeas Jurisdiction Over Aliens Held in Guantanamo Bay, Cuba.” While expressing some uncertainly, the memo argues that “the Then, on January 9, 2002, Yoo submitted a memorandum titled “Application of Treaties and Laws to al Qaeda and Taliban Detainees” and co-authored with Special Counsel Robert J. Delahunty, that purported to address “the effect of international treaties and federal laws on the treatment of individuals detained by the U.S. Armed Forces during the conflict in Afghanistan.” This memo argued that the President was not bound by international laws in the war on terror. The memo stated that “any customary international law of armed conflict in no way binds, as a legal matter, the President or the US Armed Forces concerning the detention or trial of members of al-Qaeda and the Taliban.” The memo purported to deny the protections of international laws to detainees and to exempt from liability those who denied such protections. The memo thus approved and promoted violations by the U.S. of long-standing international laws and treaties. Finally, Yoo authored a memo that was dated August 1, 2002, titled “Standards of Conduct for Interrogation under 18 U.S.C. ss. 2340-2340A” (the statutes that implement the Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment (CAT)). According to Goldsmith, “This opinion was addressed to Alberto Gonzales from my predecessor, Jay Bybee, but according to press reports and John Yoo's public comments, it was drafted by Yoo himself.” (Terror Presidency, p. 142) Among other criteria, it stated that “[p]hysical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Goldsmith states: “The opinion formed part of the legal basis for what President Bush later confirmed were 'alternative' interrogation procedures used at secret locations on Abu Zubaydah, a top al Qaeda operative; Khalid Sheikh Mohammed, the al Qaeda mastermind behind the 9/11 attacks; and other 'key architects of the September 11th' and other terrorist attacks.” (p. 142) Jordan Paust writes in “Beyond the Law: The Bush Administration's Unlawful Responses to the 'War' on Terror,”:
Media and Legal Experts on Yoo's Memos The January 9, 2002 memo, which discusses the application of treaties on detainees, is widely viewed as having sparked the abuse and torture of prisoners by members of the U.S. military. The Department of State (DOS) responded to Yoo that “both the most important factual assumptions on which your draft is based and its legal analysis are seriously flawed.” Two days after Yoo issued his January 9th memo, DOS legal adviser William H. Taft, IV, commented that all three of Yoo's main premises were wrong as a matter of international law and other arguments he made were “without support,” “contrary to the official position of the United States,” and “legally flawed and procedurally impossible at this stage.” In a May 25, 2004 Newsweek article, referring to Yoo's memos, reporter Michael Isikoff stated that
(For all the so called “torture memos” and other “Interrogation Documents,”click here.) Scott Horton -- an expert on human rights law and the law of armed conflict, a professor at Columbia University School of Law, a commentator for Harper's Magazine, and a partner at Patterson, Belknap, Webb & Tyler LLP in New York -- wrote that Isikoff quoted Kenneth Roth, the executive director of Human Rights Watch, who had examined the memo. Roth “described it as a 'maliciously ideological or deceptive' document that simply ignored U.S. obligations under multiple international agreements. 'You can't pick or choose what laws you're going to follow,' said Roth. 'These political lawyers set the nation on a course that permitted the abusive interrogation techniques' that have been recently disclosed.” Jordan J. Paust, Professor of International Law at University of Houston Law Center wrote in “Beyond the Law” about the memo:
Another eminent law professor, Stephen Gillers, at New York University School of Law noted that:
While the Memo purported to consider the effect of international treaties and federal law on the treatment of detainees from Afghanistan, it “ignore[d] duties imposed by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (which the United States ratified with reservations in 1994) and the federal torture statute, which creates criminal liability for U.S. nationals who commit torture abroad under color of law.” As further explained by Scott Horton (and quoted by Gillers), the Yoo and Delahunty memo “is not only wrong, it lays the groundwork for the commission of war crimes.” But the January 9th memo is clearly not the only one that could be construed as giving interrogators carte blanche on extreme techniques. The August1st memo specifically deals with the issue of torture and attempts to redefine it to permit interrogations that most experts agree would violate traditional prohibitions. Goldsmith notes that the definition of pain amounting to torture was “culled ... ironically, from a statute authorizing health benefits.” (p. 145) According to Yoo himself, the denial of Geneva protections and the coercive interrogation “policies were part of a common, unifying approach to the war on terrorism.” (Paust, p. 177, fn. 14, quoting Yoo, “War by Other Means.”) Yoo's Most Recently-Revealed Memo Last week, the Washington Post published yet another memo that Yoo had authored. This one was dated March 14, 2003 and discussed “Military Interrogation of Alien Unlawful Combatants Held Outside the United States.” (Part 1, Part 2, Part 3, Part 4) Here again, Yoo argues that the President is not bound by federal laws. “Such criminal statutes, if they were misconstrued to apply to the interrogation of enemy combatants, would conflict with the Constitution's grant of the Commander in Chief power solely to the President,” writes Yoo. The laws by which Yoo says the President is not bound are those that prohibit torture, assault, maiming, stalking, and war crimes. Yoo's opinion restricts the application of treaties against torture to definitions that, once again, simply authorize torture as long as it doesn't kill the person. Further, contrary to current understanding of international law, Yoo's memo declares that “our previous opinions make clear that customary international law is not federal law and that the President is free to override it at his discretion.” And finally, the memo suggests several defenses (military necessity and self defense) for those brought up on criminal charges for violating laws during interrogations. According to Vincent Warren, the Executive Director of the Center for Constitutional Rights:
Warrens adds that
Marjorie Cohn, President of the National Lawyers Guild, analyzing Yoo's actions in light of the relevant case law, writes that Yoo was an “integral part of a criminal conspiracy to violate U.S. laws” in which “it was reasonably foreseeable that the advice [Yoo] gave would result in great physical or mental harm or death to many detainees.” Cohn echoes Scott Horton, who writes that
Crimes Yoo's efforts to deny rights to detainees is, alone, a breach of basic requirements of the 1907 Hague Convention, which states that “it is especially forbidden ... [t]o declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party.” (Laws and Customs of War on Land (Hague IV); October 18, 1907, Art. 23) Breaches of the Hague or Geneva Conventions may constitute war crimes, by definition, under the 1996 War Crimes Act. “War crimes” are not just crimes under some vague view of unenforceable international law subject to dispute by civilized nations. Nor are they just crimes under widely accepted international laws;they are also crimes under U.S. federal domestic law. Professor Yoo not only laid the groundwork for the commission of war crimes by others, but his “legal advice” was itself a promotion of crime. His memos provided advice on how to break the law and avoid prosecution. His continued endorsement of the views expressed in his memo could be construed as continued promotion of unlawful activities, which could subject him to criminal prosecution. (Paust, p. 20.) Beyond the issue of Yoo's direct liability for aiding and abetting crimes is the question whether the Yoo/Delahunty memo has misled other departments or branches of the government. In a November 7, 2005, blog entry, Horton pointedly asked:
Professor Paust, who calls the Yoo/Delahunty memo “manifestly erroneous,” “unprofessional, and subversive,” states:
Horton, in a response to a statement issued by Christoperh Edley, Jr., dean of the law school at the University of California, Berkeley, where Yoo teaches, states the legal standard in The Justice Case, also known as U.S. v. Altstoetter:
Horton sums up:
Horton's conclusion bears marking:
Jennifer Van Bergen, a journalist with a law degree, is the author of THE TWILIGHT OF DEMOCRACY: THE BUSH PLAN FOR AMERICA (Common Courage Press, 2004) and Archetypes for Writers: Using the Power of Your Subconscious (Michael Weise Productions, 2007). She can be reached at jvbxyz@earthlink.net.
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