Enjoy some more zany humour and mend your broken heart at Dr. Zionstein’s.
Obama keeps rendition policy?
Whilst Obama has signalled the closure of Guantanamo and CIA secret interrogation sites, according to this article he plans to keep what is arguably the most reprehensible policy of all – rendering prisoners to ‘allies’ for possible torture and worse.
Under executive orders issued by Obama last week, the CIA still has authority to carry out what are known as renditions, or the secret abductions and transfers of prisoners to countries that cooperate with the U.S.
Current and former U.S. intelligence officials said the rendition program is poised to play an expanded role because it is the main remaining mechanism—aside from Predator missile strikes—for taking suspected terrorists off the street.
The rendition program became a source of embarrassment for the CIA, and a target of international scorn, as details emerged in recent years of botched captures, mistaken identities and allegations that prisoners were turned over to countries where they were tortured.
The European Parliament condemned renditions as an “illegal instrument used by the United States.” Prisoners swept up in the program have sued the CIA as well as a subsidiary of Boeing Corp., which is accused of working with the agency on dozens of rendition flights.
But the Obama administration appears to have determined that the rendition program was one component of the Bush administration’s war on terrorism that it could not afford to discard.
The decision underscores the fact that the battle with Al Qaeda and other terrorist groups is far from over and that even if the U.S. is shutting down the prisons, it is not done taking prisoners.
“Obviously you need to preserve some tools, you still have to go after the bad guys,” said an Obama administration official, speaking on condition of anonymity when discussing legal reasoning behind the decision. “The legal advisers working on this looked at rendition. It is controversial in some circles and kicked up a big storm in Europe. But if done within certain parameters, it is an acceptable practice.”
One provision in one of Obama’s orders appears to preserve the CIA’s ability to detain and interrogate terrorism suspects as long as they are not held long-term. The little-noticed provision states that the instructions to close the CIA’s secret prison sites “do not refer to facilities used only to hold people on a short-term, transitory basis.”
Washington Monthly commentator Hilzoy makes some pertinent observations in regard to the above stories:
If the LA Times is right to claim that the Obama administration has left open the possibility of extraordinary renditions, that would be a huge problem. However, I don’t think it is. Here it helps to have spent some time reading the actual orders. The order called “Ensuring Lawful Interrogations” contains the following passage:
“Sec. 6. Construction with Other Laws. Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to: the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 2441; the Federal assault statute, 18 U.S.C. 113; the Federal maiming statute, 18 U.S.C. 114; the Federal “stalking” statute, 18 U.S.C. 2261A; articles 93, 124, 128, and 134 of the Uniform Code of Military Justice, 10 U.S.C. 893, 924, 928, and 934; section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd; section 6(c) of the Military Commissions Act of 2006, Public Law 109 366; the Geneva Conventions; and the Convention Against Torture. Nothing in this order shall be construed to diminish any rights that any individual may have under these or other laws and treaties.”
Part 1, Article 3 of the Convention Against Torture states:
“1. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.”
Obama orders people to comply with the Convention Against Torture, and that Convention states that we cannot return people to states where there are substantial grounds to believe that they will be tortured. And nothing the Obama administration has done to date suggests to me that they would engage in the kinds of creative reading of legal documents that would allow them, say, to disregard Egypt’s long record of torture in making this determination.
Moreover, Obama’s Executive Order also establishes a commission one of whose goals is:
“to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.”
So in addition to announcing that the administration will obey the Convention Against Torture, the administration will also study not whether to send detainees off to be tortured, but how to ensure that our policies are not intended to result in their torture, and will not result in their torture. This seems to me like a very clear renunciation of the policy of sending people to third countries to be tortured. His executive order also precludes any kind of secret detention of prisoners, and thus “secret abductions and transfers of prisoners”:
“All departments and agencies of the Federal Government shall provide the International Committee of the Red Cross with notification of, and timely access to, any individual detained in any armed conflict in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States Government, consistent with Department of Defense regulations and policies.”
Note that this has no exceptions for short-term detainees whom we quickly hand off to someone else.
…
The author of the Times article, however, defines “rendition” as “secret abductions and transfers of prisoners to countries that cooperate with the United States.” It’s not clear whether he knows that rendition includes perfectly normal things like extradition. It’s also not clear that he knows that extraordinary rendition includes not just cases in which we transfer a detainee to another country, but cases in which we capture someone abroad and take them to this country to be tried.
What is clear, however, is that Obama’s executive order prohibits sending people off to other countries where there are substantial grounds to think that they will be tortured, and commits his administration not just to hoping that this will not happen, but to trying to figure out how to keep it from happening. I will continue to watch what the Obama administration does. If they backtrack on their commitment not to engage in extraordinary rendition, I will call them on it. But I don’t think that this article provides evidence that they will.
Glenn Greenwalk picks up the ball and comments on why some parties might wish to make it appear that Obama is continuing in the footsteps of Bush, cursed be his name and praise the goddess he’s gone 😉
First, it is very important to keep in mind that there are numerous factions with a very compelling interest in claiming that the Obama administration is preserving and continuing the most extreme Bush “counter-terrorism” policies, regardless of whether or not it’s true:
(1) Bush followers eager to claim that their leader has been vindicated because Obama is replicating his policies;
(2) People who have long argued that there is no difference between the parties, that “the system” is irrevocably corrupted, and that Obama will change nothing, who are eager to claim that their “no-difference” worldview has already been vindicated by the 11-day old administration (“See! After 11 days, it’s proven that Obama is no different than Bush, just as we’ve been saying”);
(3) Members of the intelligence community who do not want any new limits imposed on their activities and thus, hiding behind anonymity, use these leaks to pressure Obama not to impose them (“intelligence officials say that Obama is just pretending to change these policies in order to fool/placate the Left, but he knows and believes we urgently need these powers to keep the U.S. safe and he will therefore keep them in place”); and,
(4) Establishment media figures, eager to depict Obama as supportive of, rather than hostile to, prevailing policies, because they spent the last eight years supporting and enabling those policies as integral servants of the political establishment and do not want Obama’s election to be perceived as a repudiation of that establishment and its various behaviors.
I want to be clear: none of this is to say that Obama won’t continue many of the worst Bush policies. He very well might (even in the case of rendition) and, in other cases, he probably will. Vigilance in this regard is absolutely required. The point here is that there are all sorts of groups eager to claim that Obama has already decided to embrace Bush policies before there is any actual evidence that he has done so, or — as here — even when there is evidence that he hasn’t. For that reason, these reports about what Obama “intends” to do ought to be taken with a huge dose of skepticism, especially where, as here, it is fed to uninformed, gullible reporters by anonymous intelligence operatives.
The culture of abuse in the United Stupids is far from over – at a black tie dinner, sociopathic Zionist Senator Joe Lieberman makes foul jokes about waterboarding.
‘We had hoped Vice President Cheney would be here tonight. I hope it’s not his back injury that’s keeping him away. Apparently, he hurt it moving some things out of his office. Personally, I had no idea that waterboards were so heavy.
Last year, Lieberman, who has voted against banning waterboarding, “reluctantly acknowledged” that he doesn’t believe that waterboarding is torture. “It is not like putting burning coals on people’s bodies. The person is in no real danger. The impact is psychological,” he said.
The Unspoken Truth – Interview with Robert Baer
Atheo News annotates an interview with ex CIA operative Robert Baer who is frank about the exigencies involved in discussing the pariah state of Israel.
RB: Well, he [Obama] needs the backing of the Democratic Party to get these things through politically, and that’s why he has brought in people like Dennis Ross and Denny Blair, the Director of National Intelligence, simply because he needs that political backing. He cannot bring in untried people and run them against the Democratic Party, because if there is an opening with Iran, there will be a connivance of Israel, maybe a silent one, simply because the Israelis have to go along.
In American politics, you can’t do anything in the Middle East without the approval of Tel Aviv, at least on some level. It’s impossible. I mean, I cannot think of a country that is so beholden to a small country like this, even a superpower, in all of history. I can’t even think of it.
IPS: And why is that?
RB: Look at New York City. Look at the major newspapers. They have a Zionist agenda. They do. I’m not Jewish. I’m not anything. I don’t care about the Israelis. And I’m not anti-Semitic. It’s just a fact. I suggested to my publisher writing a book on Israel, and he said forget it. You can’t talk about the reality of Israel. The only place you can talk about the reality of Israel is in Israel. They tell you things you will never hear in the United States.
IPS: Like what?
RB: For instance, why are people on Gaza so unhappy? Well, if you had to live in a prison, wouldn’t you be unhappy? You would never get that in the New York Times. Look at the New York Times; it’s almost an extension of Israel.
IPS: What is the impact of the Gaza conflict on the future of Iran-Israel and United States relations? Have the recent attacks destroyed Hamas entirely?
RB: No, it’s impossible. Hamas is an idea. Hamas is not an organisation. Hamas is an idea, and unless the Israelis go in and force 1.5 million people into Egypt, they will never subdue Gaza. They can go in and they can slaughter the leadership and put 10,000 people in jail, and Hamas will come out stronger. The losers in this will be Fatah.
Obama reaches out to the Middle East
In an interview with Al Aribya TV, Obama indicates US policy has changed in regard to the Middle East:
Much of the interview was spent defining the new approach that the United States would implement in that region: respectfulness over divisiveness, listening over dictating, engagement over militarism.
FULL TRANSCRIPT:
INTERVIEW OF THE PRESIDENT BY HISHAM MELHEM, AL ARABIYA
Map Room
5:46 P.M. EST
Q Mr. President, thank you for this opportunity, we really appreciate it.
THE PRESIDENT: Thank you so much.
Q Sir, you just met with your personal envoy to theMiddle East, Senator Mitchell. Obviously, his first task is to consolidate the cease-fire. But beyond that you’ve been saying that you want to pursue actively and aggressively peacemaking between the Palestinians and the Israelis. Tell us a little bit about how do you see your personal role, because, you know, if the President of the United States is not involved, nothing happens — as the history of peacemaking shows. Will you be proposing ideas, pitching proposals, parameters, as one of your predecessors did? Or just urging the parties to come up with their own resolutions, as your immediate predecessor did?
THE PRESIDENT: Well, I think the most important thing is for the United States to get engaged right away. And George Mitchell is somebody of enormous stature. He is one of the few people who have international experience brokering peace deals.
And so what I told him is start by listening, because all too often the United States starts by dictating — in the past on some of these issues — and we don’t always know all the factors that are involved. So let’s listen. He’s going to be speaking to all the major parties involved. And he will then report back to me. From there we will formulate a specific response.
Ultimately, we cannot tell either the Israelis or the Palestinians what’s best for them. They’re going to have to make some decisions. But I do believe that the moment is ripe for both sides to realize that the path that they are on is one that is not going to result in prosperity and security for their people. And that instead, it’s time to return to the negotiating table.
And it’s going to be difficult, it’s going to take time. I don’t want to prejudge many of these issues, and I want to make sure that expectations are not raised so that we think that this is going to be resolved in a few months. But if we start the steady progress on these issues, I’m absolutely confident that the United States — working in tandem with the European Union, with Russia, with all the Arab states in the region — I’m absolutely certain that we can make significant progress.
Q You’ve been saying essentially that we should not look at these issues — like the Palestinian-Israeli track and separation from the border region — you’ve been talking about a kind of holistic approach to the region. Are we expecting a different paradigm in the sense that in the past one of the critiques — at least from the Arab side, the Muslim side — is that everything the Americans always tested with the Israelis, if it works. Now there is an Arab peace plan, there is a regional aspect to it. And you’ve indicated that. Would there be any shift, a paradigm shift?
THE PRESIDENT: Well, here’s what I think is important. Look at the proposal that was put forth by King Abdullah of Saudi Arabia —
Q Right.
THE PRESIDENT: I might not agree with every aspect of the proposal, but it took great courage —
Q Absolutely.
THE PRESIDENT: — to put forward something that is as significant as that. I think that there are ideas across the region of how we might pursue peace.
I do think that it is impossible for us to think only in terms of the Palestinian-Israeli conflict and not think in terms of what’s happening with Syria or Iran or Lebanon or Afghanistan and Pakistan. These things are interrelated. And what I’ve said, and I think Hillary Clinton has expressed this in her confirmation, is that if we are looking at the region as a whole and communicating a message to the Arab world and the Muslim world, that we are ready to initiate a new partnership based on mutual respect and mutual interest, then I think that we can make significant progress.
Now, Israel is a strong ally of the United States. They will not stop being a strong ally of the United States. And I will continue to believe that Israel’s security is paramount. But I also believe that there are Israelis who recognize that it is important to achieve peace. They will be willing to make sacrifices if the time is appropriate and if there is serious partnership on the other side.
And so what we want to do is to listen, set aside some of the preconceptions that have existed and have built up over the last several years. And I think if we do that, then there’s a possibility at least of achieving some breakthroughs.
Q I want to ask you about the broader Muslim world, but let me — one final thing about the Palestinian-Israeli theater. There are many Palestinians and Israelis who are very frustrated now with the current conditions and they are losing hope, they are disillusioned, and they believe that time is running out on the two-state solution because — mainly because of the settlement activities in Palestinian-occupied territories. Will it still be possible to see a Palestinian state — and you know the contours of it — within the first Obama administration?
THE PRESIDENT: I think it is possible for us to see a Palestinian state — I’m not going to put a time frame on it — that is contiguous, that allows freedom of movement for its people, that allows for trade with other countries, that allows the creation of businesses and commerce so that people have a better life.
And, look, I think anybody who has studied the region recognizes that the situation for the ordinary Palestinian in many cases has not improved. And the bottom line in all these talks and all these conversations is, is a child in the Palestinian Territories going to be better off? Do they have a future for themselves? And is the child in Israel going to feel confident about his or her safety and security? And if we can keep our focus on making their lives better and look forward, and not simply think about all the conflicts and tragedies of the past, then I think that we have an opportunity to make real progress.
But it is not going to be easy, and that’s why we’ve got George Mitchell going there. This is somebody with extraordinary patience as well as extraordinary skill, and that’s what’s going to be necessary.
Q Absolutely. Let me take a broader look at the whole region. You are planning to address the Muslim world in your first 100 days from a Muslim capital. And everybody is speculating about the capital. (Laughter.) If you have anything further, that would be great.
How concerned are you — because, let me tell you, honestly, when I see certain things about America — in some parts, I don’t want to exaggerate — there is a demonization of America.
THE PRESIDENT: Absolutely.
Q It’s become like a new religion, and like a new religion it has new converts — like a new religion has its own high priests.
THE PRESIDENT: Right.
Q It’s only a religious text.
THE PRESIDENT: Right.
Q And in the last — since 9/11 and because of Iraq, that alienation is wider between the Americans and — and in generations past, the United States was held high. It was the only Western power with no colonial legacy.
THE PRESIDENT: Right.
Q How concerned are you and — because people sense that you have a different political discourse. And I think, judging by (inaudible) and Zawahiri and Osama bin Laden and all these, you know — a chorus —
THE PRESIDENT: Yes, I noticed this. They seem nervous.
Q They seem very nervous, exactly. Now, tell me why they should be more nervous?
THE PRESIDENT: Well, I think that when you look at the rhetoric that they’ve been using against me before I even took office —
Q I know, I know.
THE PRESIDENT: — what that tells me is that their ideas are bankrupt. There’s no actions that they’ve taken that say a child in the Muslim world is getting a better education because of them, or has better health care because of them.
In my inauguration speech, I spoke about: You will be judged on what you’ve built, not what you’ve destroyed. And what they’ve been doing is destroying things. And over time, I think the Muslim world has recognized that that path is leading no place, except more death and destruction.
Now, my job is to communicate the fact that the United States has a stake in the well-being of the Muslim world, that the language we use has to be a language of respect. I have Muslim members of my family. I have lived in Muslim countries.
Q The largest one.
THE PRESIDENT: The largest one, Indonesia. And so what I want to communicate is the fact that in all my travels throughout the Muslim world, what I’ve come to understand is that regardless of your faith — and America is a country of Muslims, Jews, Christians, non-believers — regardless of your faith, people all have certain common hopes and common dreams.
And my job is to communicate to the American people that the Muslim world is filled with extraordinary people who simply want to live their lives and see their children live better lives. My job to the Muslim world is to communicate that the Americans are not your enemy. We sometimes make mistakes. We have not been perfect. But if you look at the track record, as you say, America was not born as a colonial power, and that the same respect and partnership that America had with the Muslim world as recently as 20 or 30 years ago, there’s no reason why we can’t restore that. And that I think is going to be an important task.
But ultimately, people are going to judge me not by my words but by my actions and my administration’s actions. And I think that what you will see over the next several years is that I’m not going to agree with everything that some Muslim leader may say, or what’s on a television station in the Arab world — but I think that what you’ll see is somebody who is listening, who is respectful, and who is trying to promote the interests not just of the United States, but also ordinary people who right now are suffering from poverty and a lack of opportunity. I want to make sure that I’m speaking to them, as well.
Q Tell me, time is running out, any decision on from where you will be visiting the Muslim world?
THE PRESIDENT: Well, I’m not going to break the news right here.
Q Afghanistan?
THE PRESIDENT: But maybe next time. But it is something that is going to be important. I want people to recognize, though, that we are going to be making a series of initiatives. Sending George Mitchell to the Middle East is fulfilling my campaign promise that we’re not going to wait until the end of my administration to deal with Palestinian and Israeli peace, we’re going to start now. It may take a long time to do, but we’re going to do it now. We’re going to follow through on our commitment for me to address the Muslim world from a Muslim capital. We are going to follow through on many of my commitments to do a more effective job of reaching out, listening, as well as speaking to the Muslim world.
And you’re going to see me following through with dealing with a drawdown of troops in Iraq, so that Iraqis can start taking more responsibility. And finally, I think you’ve already seen a commitment, in terms of closing Guantanamo, and making clear that even as we are decisive in going after terrorist organizations that would kill innocent civilians, that we’re going to do so on our terms, and we’re going to do so respecting the rule of law that I think makes America great.
Q President Bush framed the war on terror conceptually in a way that was very broad, “war on terror,” and used sometimes certain terminology that the many people — Islamic fascism. You’ve always framed it in a different way, specifically against one group called al Qaeda and their collaborators. And is this one way of —
THE PRESIDENT: I think that you’re making a very important point. And that is that the language we use matters. And what we need to understand is, is that there are extremist organizations — whether Muslim or any other faith in the past — that will use faith as a justification for violence. We cannot paint with a broad brush a faith as a consequence of the violence that is done in that faith’s name.
And so you will I think see our administration be very clear in distinguishing between organizations like al Qaeda — that espouse violence, espouse terror and act on it — and people who may disagree with my administration and certain actions, or may have a particular viewpoint in terms of how their countries should develop. We can have legitimate disagreements but still be respectful. I cannot respect terrorist organizations that would kill innocent civilians and we will hunt them down.
But to the broader Muslim world what we are going to be offering is a hand of friendship.
Q Can I end with a question on Iran and Iraq then quickly?
THE PRESIDENT: It’s up to the team —
MR. GIBBS: You have 30 seconds. (Laughter.)
Q Will the United States ever live with a nuclear Iran? And if not, how far are you going in the direction of preventing it?
THE PRESIDENT: You know, I said during the campaign that it is very important for us to make sure that we are using all the tools of U.S. power, including diplomacy, in our relationship with Iran.
Now, the Iranian people are a great people, and Persian civilization is a great civilization. Iran has acted in ways that’s not conducive to peace and prosperity in the region: their threats against Israel; their pursuit of a nuclear weapon which could potentially set off an arms race in the region that would make everybody less safe; their support of terrorist organizations in the past — none of these things have been helpful.
But I do think that it is important for us to be willing to talk to Iran, to express very clearly where our differences are, but where there are potential avenues for progress. And we will over the next several months be laying out our general framework and approach. And as I said during my inauguration speech, if countries like Iran are willing to unclench their fist, they will find an extended hand from us.
Q Shall we leave Iraq next interview, or just —
MR. GIBBS: Yes, let’s — we’re past, and I got to get him back to dinner with his wife.
Q Sir, I really appreciate it.
THE PRESIDENT: Thank you so much.
Q Thanks a lot.
THE PRESIDENT: I appreciate it.
Q Thank you.
THE PRESIDENT: Thank you.
END 6:03 P.M. EST
Listening would be a start – yet Mitchell will still have to deal with Hamas, who are the only legitimate democratically elected government of the Palestinian people.
France is working on easing up the Quartet’s views of Hamas, while Israel works even harder to prevent Hamas being present at the negotiating table. Legitimate representation of the Palestinian people is dangerous for Israel, as then it would have to deal with legitimate requirements for land and peace for Palestine, compensation for Palestinian refugees and the end of the Occupation. While Israel tries to insist on Fatah and the PLA being representative, the Palestinian people themselves are unlikely to accept such puppetry.
Israeli diplomats in Europe have been reporting a new willingness in various European capitals to reevaluate international policy toward Gaza as well as the Quartet’s conditions for recognizing Hamas since the end of Operation Cast Lead. The latter includes abandoning terror, recognizing Israel and recognizing previous agreements between Israel and the PA.
Israeli officials are particular perturbed about recent comments by French diplomats, in off-the-record meetings, which claim Hamas cannot be ignored.
“We cannot return to the status quo that existed in Gaza before the Israel Defense Forces operation, and we must come up with creative solutions,” one diplomat said.
According to a senior source in Jerusalem, there has been a recent French effort to change the Quartet’s terms for recognizing Hamas. French diplomats have told their European colleagues, as well as Israel, that a Palestinian unity government including Hamas cannot be ruled out, pointing to Hezbollah’s participation in Lebanon’s government as an example.
“If the paralysis in the peace process and in the rehabilitation of Gaza continues, the efforts to soften the Quartet conditions will persevere,” an Israeli official said. “It’s uncertain that the boycott of Hamas will continue for much longer, especially if a Palestinian unity government is formed.”
Indicating that a unified Palestinian ‘government’ might be an acceptable as negotiator, France is showing the way forward for Mitchell. Will such a body be acceptable to Palestinians?
Chevallier said France was prepared to work with a Palestinian national unity government.
“We are ready to work with a national unity government that will respect the principles of the peace process and commit itself to negotiations with Israel to obtain the creation of a Palestinian state living side by side with Israel in peace and security,” Chevallier said.
His comments followed remarks by UN Secretary-General Ban Ki-moon in which Ban said the United Nations could work with any united Palestinian government to rebuild the Gaza Strip.
Hamas softens its stance to Obama:
After earlier dismissing Obama as following the same policies as his predecessor, officials from the militant Palestinian Hamas group softened their stance against the new president Tuesday.
“In the last couple of days there have been a lot of statements (from Obama), some of them very positive, and choosing this George Mitchell as an envoy,” said Ahmed Youssef, a senior Hamas official interviewed on the Doha-based Al-Jazeera news network. “I think there are some positive things we have to count.”
UPDATE
Some debate has occurred as to why Obama would choose Al Aribya instead of the much worthier Al Jazeera network – the Fringe particularly longs for Riz Khan to interview Obama.
The Angry Arab drops some clues:
A very well-informed (and well-connected) source in Saudi Arabia sent me this (she/he does not want to be identified): “Apparently, it [al-Arabiyya TV] has become unpopular in Saudi Arabia after Gaza. A man said, they never referred to the victims as martyrs(shohadaa) and the Saudi audience became incensed with their reference to the victims in Gaza. Actually, it has become hated.”