An urgent appeal


A US Senate select committee on intelligence today, 12-09-2014 released its report on the CIA’s detention and interrogation program.  Miscellany101 has talked extensively about torture being implemented by America and becoming a form of policy and the report lays it out in startling detail, hereTorture-on-Trial-Waterboard

If you don’t want to read it, the appeal I’d like to make is that you head over to this site and sign the petition that asks the US Attorney General to appoint a special prosecutor to investigate the program carried out by the CIA and all those responsible for it in government and prosecute them under appropriate, relevant and prevailing law.  America must take full responsibility for its role in breaking international law during the debacle that became known as Operation Iraqi Freedom and like countries that have preceded us one way to do that is to bring those within our borders to justice.

Advertisements

Ten years ago we invaded Iraq


and our lives have not been the same since. We laid bare for all the world to see the dysfunction of our society, politically with corrupt leaders who lied and led us into an unnecessary war and socially with throngs of people who opposed the war and even more who believed in it and others who fought it….all led by a media that gobbled up everything given them by our self-serving politicians, hook, line and sinker.  Image

All of this was a long time coming.  Our institutions had been co opted long before we were attacked that fateful day in September, 2001 that they had ceased to perform in the manner for which they were created.  If it’s one thing to be taken from all this, it should be that the job of the people in this day and age is to hold everyone involved in shaping public policy accountable for what they’ve done or said.  No where has that been more eloquently done than in a piece written by a young man who will soon die because of the injuries he suffered fighting for his country ten years ago.

Image

Tomas Young has given far more to his country than he has received from those who asked him to make that ultimate sacrifice.  It’s too bad he won’t live to see them held accountable for the deception they offered that rendered him a quadriplegic after just 22 years of life.  This is what Chris Hedges had to say about him in a piece entitled “The Crucifixion of Tomas Young”

I flew to Kansas City last week to see Tomas Young. Young was paralyzed in Iraq in 2004. He is now receiving hospice care at his home. I knew him by reputation and the movie documentary “Body of War.” He was one of the first veterans to publicly oppose the war in Iraq. He fought as long and as hard as he could against the war that crippled him, until his physical deterioration caught up with him…

Young will die for our sins. He will die for a war that should never have been fought. He will die for the lies of politicians. He will die for war profiteers. He will die for the careers of generals. He will die for a cheerleader press. He will die for a complacent public that made war possible. He bore all this upon his body. He was crucified. And there are hundreds of thousands of other crucified bodies like his in Baghdad and Kandahar and Peshawar and Walter Reed medical center. Mangled bodies and corpses, broken dreams, unending grief, betrayal, corporate profit, these are the true products of war. Tomas Young is the face of war they do not want you to see…

On April 4, 2004, Young was crammed into the back of a two-and-a-half-ton Army truck with 20 other soldiers in Sadr City, Iraq. Insurgents opened fire on the truck from above. “It was like shooting ducks in a barrel,” he said. A bullet from an AK-47 severed his spinal column. A second bullet shattered his knee. At first he did not know he had been shot. He felt woozy. He tried to pick up his M16. He couldn’t lift his rifle from the truck bed. That was when he knew something was terribly wrong….

Young had been in Iraq five days. It was his first deployment. After being wounded he was sent to an Army hospital in Kuwait, and although his legs, now useless, lay straight in front of him he felt as if he was still sitting cross-legged on the floor of the truck. That sensation lasted for about three weeks. It was an odd and painful initiation into his life as a paraplegic. His body, from then on, would play tricks on him….

Young joined the Army immediately after 9/11 to go to Afghanistan and hunt down the people behind the attacks. He did not oppose the Afghanistan war. “In fact, if I had been injured in Afghanistan, there would be no ‘Body of War’ movie to begin with,” he said. But he never understood the call to invade Iraq. “When the Japanese attacked Pearl Harbor we didn’t invade China just because they looked the same,” he said.

He became increasingly depressed about his impending deployment to Iraq when he was in basic training at Fort Benning, Ga. He asked the battalion doctor for antidepressants. The doctor said he had to meet first with the unit’s chaplain, who told him, “I think you will be happier when you get over to Iraq and start killing Iraqis.”

“I was dumbstruck by his response,” Young said….

For Young, the war, the wound, the paralysis, the wheelchair, the anti-war demonstrations, the wife who left him and the one who didn’t, the embolism, the loss of motor control, the slurred speech, the colostomy, the IV line for narcotics implanted in his chest, the open bed sores that expose his bones, the despair—the crushing despair—the decision to die, have come down to a girl. Aleksus, his only niece. She will not remember her uncle. But he lies in his dimly lit room, painkillers flowing into his broken body, and he thinks of her. He does not know exactly when he will die. But it must be before her second birthday, in June. He will not mar that day with his death.

And though he is an atheist, though he believes that there is nothing after death—that, as he says, “the body is like a toy that runs out of batteries, only there are no replacements”—his final act honors the promise of Aleksus’ life. As he spoke to me softly of this child—it hurts, even now, he said, to know she will grow up without him—I wondered, sitting next to him on his bed, if he saw it, the glory of it, his final bow not before the specter of his death but the sanctity of her life. The resurrection….

ImageThankfully, for this brave young man who refuses to go down without a fight, he chose to remind people just what it was they asked him to do and what he finally has to say about that.  Here is Tomas Young in his own words

The Last Letter

A Message to George W. Bush and Dick Cheney From a Dying Veteran

To: George W. Bush and Dick Cheney
From: Tomas Young

I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.

I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.

You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.

I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.

Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.

I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.

I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed.

I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.

I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.

My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness. 

While I grieve at the suffering of this young man, I am glad he is on our side, that his answering the call of duty necessitated him speaking truth to power when he realized his mistakes; his absolution for the sin of unbridled trust in dishonorable men was to muster enough strength to honorably assert the obvious, that we were wrong.  It’s nothing we will ever hear from the likes of those who  pushed him towards war and that’s what makes Tomas Young special.  Courage!

Crab barrell politics


We get what we deserve.  For eight years we had a Republican president who completely overturned by neglect and more often than not, intentionally all that America has stood for in the last 200 years, so much so that over 200 presidential historians went on record to say George W. Bush was the 5th worst president in American history.

The political acumen of the American electorate hasn’t gotten sharper with the end of the Bush era, it seems to have gotten nastier.  It is as if we relish dirty politics, far worse than anything seen during the Nixon campaign of 1972 when the forces of darkness were let loose on America’s political stage.  Politicians have become like crabs in a barrel, climbing on the backs of constituents with inflammatory remarks in order get smirks, nods of approval, political contributions from others. Now, the gloves are off and politicians seem to be intent on denigrating segments of America’s mosaic for what has become, a very expensive seat in Congress.

Arizona has enacted legislation which will end up directly targeting brown skin people with Latin names, in a throwback to the days of Jim Crowism and stars of David on the clothes of citizens of the state.  No one is expected to carry with them their birth certificate except people with names like Gomez, Rodriquez, Abdullah, Muhammad et.al. and it is perfectly acceptable in the minds of many for that to be a legitimate request, even though a similar one wouldn’t be made of a Jones, or a Goldberg, a Johnson or a Smith.  It was politicians who made this stupid law in Arizona, and now Arizonans and the rest of us have to suffer because of their political xenophobia.

Listen to the latest elected official make a complete jackass of himself. The only stupid people he mentions in his speech on the floor of the US congress are the people who elected him in, not surprisingly, Texas, the home of the 5th worst president in America.  Please America, get rid of politicians who want to get to political office, or keep it, by getting you to hate your fellow citizens of this country, or want you to be afraid of or angry with people who are different than yourself.  This is an election year; let them know with your vote that America has come a long way from the racism and hatred of a bygone era and that we can today feel comfortable in who or what we are, appreciate the differences we have in our social fabric and live by laws that meant for all citizens, and not just those we hate, don’t know or don’t like.

The Truth has been laid bare


It’s now painfully obvious why we went to war in Iraq. I agree with former CIA analyst Ray McGovern some of it was because of “oil”, “Israel” and “logistics”, which form the acronym, oil.  The “O” in that word really was the main reason, but on an even larger level there were more and other business interests to satisfy.  Basically however, a former US businessman then President sent Americans over to fight a war to increase his bottom line, his ledger, his accounts; war is profitable to the American economy and all that’s left to do is figure out how to get people to willing sacrifice their sons and daughters to fight such a war, even when there is no other reason to do so than the personal profitability of the commander in chief and his associates, and then execute that war, not towards a successful conclusion but for as long as it takes to get corporate America back in the black.  Now you know why no one wants to talk of withdrawal from Iraq or any other war zone, because such decisions are made when the markets and other economic indicators say it is time to do so and not one day before.

So while partisan politics takes potshots across the great political divide over the ever scandalous BP disaster, intimating that one side or the other is benefiting from the largest eco catastrophe in American history, let them not forget we fight wars where we kill people and get killed in order to revitalize our economy.  In essence we fight people who are defenseless; we kill people who mean us no harm, we destroy whole societies, many of them older than our own because we can and because it’s good for business.  It has nothing to do with defending the homeland, it has nothing to do with promoting democracy or even capitalism and it has nothing to do with helping the weak or the oppressed. The blood of your loved ones and the ones they kill increases the profit margins of the ones who send those very loved ones off to meaningless and perpetual war. How do you like that America?!

Back From The Brink


One of the reasons Barack Obama received the Nobel Peace Prize from a grateful prize committee is because those who awarded it to him realized America has barely escaped falling into the abyss of becoming a dictatorial and insane government worse than Josef Stalin et.co could ever imagine.  It wasn’t without a big price that we as a Nation and the world community had to pay; two invasions, the almost complete evisceration of the US Constitution and the de facto persecution and or ethnic cleansing of a religious group that would make even Israel green with envy.  In the clear light of day, absent the Bush Administration and its evil cohorts cooperation spin of fantasy from reality, the blinders are falling from our eyes and there is some sense of truth that has made its way in the media, that was once the stenographer for what could be the most corrupt US administration in the history of this country.

One such revelation came in the form of a lecture by a CIA employee, a 30 year veteran by the way, who it can be said has been around in the intelligence field a lot longer than Dick Cheney has, that intelligence gathering by his agency HAS NOT suffered as a result of not waterboarding terrorist suspects.  This flies in the face of assertions made by Dick Cheney, most notably, and others in the former Administration who claimed the US was at risk of an imminent attack if it did not waterboard information from people.  We’ve written about waterboarding alot here on the pages of Miscellany101 because it is an illegal activity that was sanctioned and made legal by the illegal Administration of Bush/Cheney.  Every other month or so another crack appears in the wall they set up to separate America from the rule of law and slowly but surely voices are speaking out to say we can survive as a Nation without resorting to criminal behavior.  This latest voice, that of  career intelligence agent, Michael Sulick is a welcomed addition to the others who stand up to say what makes America great and exceptional is ‘after 200 years, two centuries, she still stands strong and true to the granite ridge, and her glow has held no matter what storm. And she’s still a beacon, still a magnet for all who must have freedom, for all the pilgrims from all the lost places who are hurtling through the darkness, toward home.’

Those Bushism Lies Keep Getting Refuted-Another One Bites the Dust!


by Jason Leopold
Truthout

The Justice Department has quietly recanted nearly every major claim the Bush administration had made about “high-value” detainee Abu Zubaydah, a Guantanamo prisoner who at one time was said to have planned the 9/11 attacks and was the No. 2 and 3 person in al-Qaeda.

Additionally, Justice has backed away from claims intelligence officials working in the Clinton administration had also leveled against Zubaydah, specifically, that he was directly involved in the planning of the 1998 embassy bombings in East Africa.

Zubaydah’s name is redacted throughout the 109-page court document, but he is identified on the first page of the filing by his real name, Zayn Al Abidin Muhammad Husayn. He was the first detainee captured after 9/11 who was subjected to nearly a dozen brutal torture techniques, which included waterboarding, and was the catalyst, the public has been told, behind the Bush administration’s “enhanced interrogation” program. Former Vice President Dick Cheney has publicly admitted that personally approved of Zubaydah’s waterboarding.

His torture was videotaped and the tapes later destroyed. The destruction of 90 videotapes of his interrogations is the focus of a high-level criminal investigation being conducted by John Durham, a federal prosecutor appointed special counsel in 2008 by then-Attorney General Michael Mukasey.

In recent months, former Bush speechwriter Marc Thiessen has been on a public relations campaign promoting his book, “Courting Disaster,” in which he defended the torture of Zubaydah, claiming, among other things, that he reviewed classified intelligence that revealed Zubaydah’s torture produced actionable intelligence that thwarted imminent plots against the United States.

But court documents unclassified last week debunk Thiessen’s assertions as well as those made by, among others, George W. Bush, who said Zubaydah was one of al-Qaeda’s “top operatives plotting and planning death and destruction on the United States.”

For the first time, the government now officially admits that Zubaydah did not have “any direct role in or advance knowledge of the terrorist attacks of September 11, 2001,” and was neither a “member” of al-Qaeda nor “formally” identified with the terrorist organization.

The government has a new set of eharges it is leveling against Zubaydah and claims he is being detained by the United States based on his “actions” as an “affiliate” of al-Qaeda that may have included the planning of a counterattack against US forces after the US invaded Afghanistan in November 2001 and a “thwarted” attack at the time of his arrest.

“The Government’s accounts frequently have been at variance with the actual facts, and the government has generally been loath to provide the facts until forced to do so,” said Zubaydah’s attorney, Brent Mickum, in an interview. “When the Government was forced to present the facts in the form of discovery in Zubaydah’s case, it realized that the game was over and there was no way it could support the Bush administration’s baseless allegations. So it changed the charges.”

The government wants the judge presiding over the habeas case to deny defense requests for evidence that would “undermine” government claims that Zubaydah worked in Bin Laden’s “military and security plan to confront an American counterattack” in Khost, Afghanistan, after 9/11.

“The Government does not rely on any contention that [Zubaydah] did this work as an ‘al-Qaida’ deputy or because he was subject to al-Qaida command,” according to the court document.

But the exact charges the government appears to be making here is unknown because the information is classified.

“Evidence suggesting that [Zubaydah] lacked knowledge of plans by other persons or groups would not undermine the Government’s allegations about [Zubaydah’s] own thwarted plans, or any other allegations” against him, according to the Justice Department’s filing.

The government acknowledges that it’s case against Zubaydah is based entirely on the first six volumes of his diaries that he wrote beginning in 1992 [Please see this report for details about Zubaydah’s diaries.] In the court filing, the government says that it filed a “factual return” on April 3, 2009, which included “six volumes of diaries written by REDACTED” and “an undated “propaganda video [Zubaydah] recorded before his capture in which [he] appears on camera expressing solidarity with Usama Bin Laden and al-Qaida.” The government further says that it does not rely on “any statements [Zubaydah] made after his capture” in Pakistan in March 2002.

But later in the filing, however, the government concedes that Zubaydah was not aligned with or directly associated with Bin Laden or al-Qaeda.

The government “does not contend that [Zubaydah] was a ‘member’ of al-Qaida in the sense of having sworn bavat (allegiance) or having otherwise satisfied any formal criteria that either [Zubaydah] or al-Qaida may have considered necessary for inclusion in al-Qaeda. Nor is the government detaining [Zubaydah] based on any allegation that [Zubaydah] views himself as part of al-Qaida as a matter of subjective personal conscience, ideology or worldview.

“Rather, [the government’s] detention of [Zubaydah] is based on conduct and actions that establish [Zubaydah] was ‘part of’ hostile forces and ‘substantially supported’ those forces,” states the Justice Department’s point-by-point response to 213 discovery requests Zubaydah’s attorneys made in connection with his habeas corpus case, which sought evidence to support the government’s position that Zubaydah was a top al-Qaeda official.

The Justice Department declined to comment on what appears to be contradictory claims in its court filing.

The Bush administration claimed in April 2002, days after Zubaydah was captured in Afghanistan and moved to a CIA-operated black site prison in Thailand that he was a top al-Qaeda official.

Former Secretary of Defense Donald Rumsfeld described Zubaydah on April 1, 2002, as a “close associate of [Osama Bin Laden], and if not the number two, very close to the number two person in the organization. I think that’s well established.”

Nor did the Bush administration deviate from that position after Zubaydah was transferred to Guantanamo in 2006 and declared an “enemy combatant” in 2007 following a Combatant Status Review Tribunal.

John Bellinger, former legal adviser to Secretary of State Condoleezza Rice, said during a June 2007 briefing on Guantanamo Bay that Zubaydah helped plan the 9/11 attacks and was “extremely dangerous.”

The Justice Department’s response to discovery request “No. 21” says that “the Government has not contended in this [habeas] proceeding that [Zubaydah] had any direct role in or advance knowledge of the terrorist attacks of September 11, 2001, so [to] the extent that this request seeks information ‘tending to show … that [Zubaydah] did not know of the planned attacks of 9/11’, the request seeks evidence about contentions the Government has not made.”

The government’s new position is significant because one of the August 2002 torture memos prepared for the CIA and signed by former Justice Department Office of Legal Counsel attorneys Jay Bybee, now a Ninth Circuit Appeals Court judge, that described the torture techniques interrogators could use against Zubaydah, asserted that he “is one of the highest ranking members of the al-Qaeda terrorist organization,” “has been involved in every major terrorist operation carried out by al-Qaeda,” and was “one of the planners of the September 11 attacks” and that his torture was necessary in order to thwart pending attacks on US interests, which the CIA claimed Zubaydah knew about.

Exactly what Zubaydah’s attorneys had requested from the government in their discovery filing is unknown as the document has not been cleared for release. The Justice Department asked the judge presiding over the case to deny virtually every discovery request sought by his attorneys, explaining, in some instances, that the government no longer relied upon the explosive allegations the Bush administration made about Zubaydah when he was captured and subsequently tortured.

At the time the response to the discovery requests was filed in the fall of 2009, the government argued that the court should “stay further evidentiary proceedings” because it could interfere with Durham’s criminal probe into the destruction of the torture tapes. Durham filed a motion under seal thereafter that said as much. A report published in the Washington Post last week said Durham’s probe is now winding down.

According to Mickum, the government’s “entirely new position” about Zubaydah was revealed late last year in a 50-page Factual Return that included 2,500 pages of exhibits.

“I’m not surprised at all that the Government has dropped the old charges against our client and is alleging new charges against him,” Mickum said in an interview. “That is their tried and true modus operandi. That’s exactly what they did with my client Bisher al Rawi. He was initially charged with associating with a known al-Qaeda figure in London. Unfortunately, Bisher was associating with him at the express request of Britain’s MI5 [intelligence service]. After we established that he worked for MI5, the US simply changed the charges against him, alleging that he had terrorist training in Bosnia and Afghanistan.

“Once again, we were able to show those charges were utterly bogus when we proved that Bisher had never left England from 1998 until his fateful business trip to Africa, where he was arrested by the CIA, rendered to the ‘Dark Prison’ in Afghanistan and tortured, tortured at Bagram Air Force base and tortured in Guantanamo. What all these cases have in common is torture, and [Zubaydah’s] case has that in spades. Given, the government’s history, it is not likely they would simply let him go and apologize. No, when their case falls apart, they rejigger the evidence, and come up with new charges and we will defend the new charges with the same zeal we defended the earlier bogus charges.”

Zubaydah’s attorneys argued in his initial petition for habeas corpus filed in February 2008 that he was not a member of al Qaeda, that he had no knowledge of any terrorist operations, and that the military camp he was alleged to be affiliated with, Khaldan, was closed by the Taliban after it refused repeated demands that it fall under the formal control of Osama bin Laden and al-Qaida.

“We have never deviated from that position, and now the government admits that we were correct all along,” Mickum said.

Indeed, the Justice Department’s response agrees with Zubaydah’s attorneys that Khaldan was “organizationally and operationally independent” of al-Qaeda’s camps and backed off of other claims made by Bush administration officials that Zubaydah knew the identities of specific individuals who trained at Khaldan and later went on to al-Qaeda-operated camps and allegedly took part in terrorist activities.

“The Government has not contended in this proceeding that petitioner selected or knew the identities of specific persons who were selected to leave Khaldan for training at al-Qaida camps,” the filing states.

Nor does the government contend that Zubaydah was responsible for paying Khaldan’s “expenses” or that he financed specific terrorist operations that may have had ties to Khaldan. Therefore, the Justice Department said, evidence Zubaydah’s attorneys requested to support these earlier claims should be denied.

The government’s new position also dramatically changes the substance of the final contents of the 9/11 Commission’s report, as it relates to Zubaydah. The report said he was the leader of Khaldan.

When she revealed last year that Zubaydah had been waterboard 83 times in August 2002, blogger Marcy Wheeler noted that the 9/11 Commission had obtained “just ten pieces of information are sourced to Abu Zubaydah’s interrogation reports.”

“…There are several other damning details that come from this analysis,” Wheeler wrote. “One of the ten pieces of intelligence that appears in the 9/11 Report–regarding Abu Zubaydah’s role running terrorist training camps–came from July 10, 2002, before the CIA first received oral authorization to use torture. Thus, it either came from persuasive, rather than coercive, techniques. Or it came from treatment that had not been legally approved.”

The 9/11 report also said Zubaydah was a “major figure” in the “Millennium plot,” claiming he was one of the masterminds behind a plan to blow up a hotel in Jordan and the Los Angeles International Airport (LAX). The 9/11 report cited several intelligence memoranda from then-counterterrorism czar Richard Clarke that Zubaydah was planning “a series of major terrorist attacks” on Israeli and possibly US targets and was working closely with Bin Laden.

Clarke declined numerous requests for comment.

But the Justice Department no longer supports any of those claims, according to the court document.

When asked about what the 9/11 Commission was told, Mickum suggested that the panel was lied to by the CIA.

“After torturing our client, the CIA knew he was never a member of al-Qaeda and that he had no knowledge of any al-Qaeda terrorist activities,” Mickum said. “And this fact was confirmed after other members of al-Qaeda like [self-professed 9/11 mastermind Khalid Sheikh Mohammed] and the [alleged mastermind of the USS Cole bombing] al Nashiri were tortured.”

Zubaydah was also identified as Bin Laden’s “lieutenant” in the infamous August 6, 2001, Presidential Daily Brief titled, “Bin Laden Determined to Strike in US, ” which alleged that he “helped facilitate” the plot to detonate a bomb LAX. FBI officials obtained that information from Ahmed Ressam, who was actually convicted for the crime in April 2001.

In exchange for a lenient sentence he made up stories about Zubaydah’s connections to Bin Laden and his role at Khaldan, which Ressam attended for five to six months in 1998). Ressam also said Zubdaydah told him in 1998 that, independent of Bin Laden, he was preparing his own attack against the United States. He later recanted those claims.

In an exclusive interview last year, Jack Cloonan, a former FBI special agent assigned to the agency’s elite Bin Laden unit, said the CIA and the Bush administration were flat wrong in designating Zubaydah as a top official in al-Qaeda.

“To cast him and describe him as the al-Qaeda emir or leader for the subcontinent or worse … I think was a mistake… . Based on his age and ethnicity, [he] would [n]ever be brought into the inner circle of al-Qaeda,” Cloonan said.

There was also the question of Zubaydah’s personality. “My partner had a chance to look at a lot of Abu Zubaydah’s diaries [which forms the basis of the government’s case], poems and other things that he has written and he said that after reading this you just come away with the feeling that this is a guy who can’t be trusted or be given huge amounts of responsibility.”

At his Combatant Status Review Tribunal in March 2007, Zubaydah said that his torturers eventually apologized to him and told him they concluded he was not a top al-Qaeda lieutenant as the Bush administration and intelligence officials had claimed (h/t Marcy Wheeler).

“They told me sorry we discover that you are not number three [in al-Qaeda], not a partner, even not a fighter,” Zubaydah said during his tribunal hearing.

Evil Personified


In an interview on ABC’s This Week, Dick Cheney loudly proclaimed, ‘I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques’ and forever cast himself as an indictable war criminal who will never be indicted.   He has been assailed by the progressive side of the political spectrum for not only putting his foot in his own mouth but also for so clearly incriminating himself.  Cheney however knows he won’t be indicted and the simple reason is his logic is far more pervasive in the American body politic than any of us would care to admit.  It would appear the only opposition coming to his remarks is from people outside of government and politics who might possess the last vestiges of decency still have left in America; those people who believe in the American system and ideals and not those who merely spout them as a means to assuming a really nice paying job in government at taxpayer expense.

On all the websites that feature articles about Cheney so prominently one can always find letters or comments from people who ask why isn’t Cheney in jail, or why hasn’t he been indicted.  I myself have asked that question a time or two, but when reading another reporter’s take on Cheney’s remarks ran across this snippet

The “torture memo” and related legal opinions were considered so unprofessional that Bybee’s replacement to head the OLC, Jack Goldsmith, himself a conservative Republican, took the extraordinary step of withdrawing them after he was appointed in October 2003.

However, Goldsmith was pushed out of his job after a confrontation with Cheney’s counsel Addington, and the later appointment of Bradbury enabled the Bush White House to reinstate many of the Yoo-Bybee opinions.

Last month, Newsweek reported that Yoo and Bybee had avoided any disciplinary recommendations because a draft report by the Justice Department’s Office of Professional Responsibility had been rewritten to remove harsh criticism that the two lawyers had violated professional standards, softening the language to simple criticism of their judgment.

The weaker language meant that the Justice Department would not refer the cases to state bar associations for possible disbarment proceedings.

Despite the really sophomoric job that Yoo and Bybee did in supporting the Bush administration’s desire to torture, a job done so poorly that it was immediately tossed out by someone who replaced them, someone who was also a lawyer,  who knew the law and knew that the legal brief written didn’t have a leg to stand on and would not hold up to judicial review, members of the Department of Justice’s Office of Professional Responsibility would not phrase their criticism of such low standards in such a way as to punish Yoo and Bybee.  Instead those two gentlemen have gone on to lucrative careers, Bybee as a federal judge who might very well adjudicate terrorist cases he was responsible for jeopardizing with his justification for torture, and Yoo as law professor at UC-Berkeley without any consequence for advising a US administration to break the law!  That eventuality was made possible by career government officials who are not accountable to all the voices of disgust and anger at obvious Bush-Cheney illegality who have made it possible for all concerned to evade and escape punishment.  But there’s also this admission by Cheney himself

The reason I’ve been outspoken is because there were some things being said, especially after we left office, about prosecuting CIA personnel that had carried out our counterterrorism policy or disbarring lawyers in the Justice Department who had — had helped us put those policies together, and I was deeply offended by that, and I thought it was important that some senior person in the administration stand up and defend those people who’d done what we asked them to do.And that’s why I got started on it. I’m the vice president now — ex-vice president. I have the great freedom and luxury of speaking out, saying what I — what I want to say, what I believe. And I have not been discouraged from doing so.

The obvious implication is that Cheney’s reach inside the bowels of government is long; anyone not willing to accommodate those who have signed on to his belief in the validity of torture as a tool of foreign policy risks losing his or her job.  Similarly, if you are willing to cover for those who have broken the law there is some temporal reward for you.  Bybee was appointed to his seat as a circuit court judge  by Bush.  While he may be at the end of his political career Cheney still has  access to  many others who depend on politics, political good fortune, appointments and corruptible politicians and he seems quite intent on keeping those who agree with his torturous politics from any harm, professionally or legally, and they in turn are intent on protecting him.  So the fix is in and despite our protestations to the contrary, Cheney will not face prosecution because career diplomats, lawyers, intelligence agents and agencies have too much at stake and will do everything possible to protect themselves and their titular heads, i.e. the Cheneys and the Bushes,  Obama’s pledges of change and transparency nothwithstanding.  It’s sad that a constitutional lawyer now president like Obama has had his hands tied up by criminal politicians like Cheney who have no regard for the Constitution but such is the situation he finds himself.  Realistically, there is no way out; Obama’s position is intractable and for us progressives, the sooner we realize that the better.  Such is the cost of doing business with evil.