Showing posts with label Department of Justice. Show all posts
Showing posts with label Department of Justice. Show all posts

May 30, 2008

BushCo's Insolence Reaches New Heights!

This is even better than the "lost" emails! The little boys just can't get their act together, and fully intend to bully the world into accepting their incompetence. I hope the end is near!
Knee-Jerk Redaction?
Posted by Rachel Myers, ACLU
May 28th, 2008, at 12:27 pm

After CIA Director Michael Hayden publicly admitted that the CIA has, in fact, waterboarded detainees, the agency could no longer cling to its last excuses for covering up the use of the very word “waterboarding” in CIA records. As a result, yesterday we obtained several heavily redacted documents in response to an ongoing Freedom of Information Act (FOIA) lawsuit brought by the ACLU and other organizations seeking documents related to the treatment of prisoners in U.S. custody overseas.
While the documents do, in fact, reveal the word “waterboarding” or some variation, they leave pretty much everything else to the imagination. The pages that haven’t been completely withheld (many of them contain the words “Denied in Full” instead of any actual content) have the clandestine blacked-out look that’s become a sort of trademark of this administration. This is my favorite:
One of the documents is a heavily redacted version of a report (PDF) by the CIA Office of the Inspector General (OIG) on its review of the CIA’s interrogation and detention program. The report includes information about an as-yet-undisclosed Justice Department Office of Legal Counsel opinion from August 2002. Interestingly, this opinion appears to be the same OLC memo authorizing specific interrogations methods for use by the CIA that is being withheld by the CIA as a classified document in the ACLU’s FOIA litigation — but the OIG report refers to this document as “unclassified.”
The CIA continues to withhold many more documents that should not be secret. The incomplete response to the ACLU’s demand for records reflects a complete disregard for the right of the American public to know when and how often the government has employed illegal interrogation methods.
http://blog.aclu.org/2008/05/28/knee-jerk-redaction/

April 8, 2008

John Yoo, A Man Without Compassion

How could our nation allow this man to continue in a position of power or authority when his actions have caused irreparable harm to US and all lovers of liberty? This man is a traitor, plain and simple.
Permissible Assaults Cited in Graphic Detail
Drugging Detainees Is Among Techniques
By Dan Eggen
Washington Post Staff Writer, Sunday, April 6, 2008; A03
Thirty pages into a memorandum discussing the legal boundaries of military interrogations in 2003, senior Justice Department lawyer John C. Yoo tackled a question not often asked by American policymakers: Could the president, if he desired, have a prisoner's eyes poked out?
Or, for that matter, could he have "scalding water, corrosive acid or caustic substance" thrown on a prisoner? How about slitting an ear, nose or lip, or disabling a tongue or limb? What about biting?
[...] The dry discussion of U.S. maiming statutes is just one in a series of graphic, extraordinary passages in Yoo's 81-page memo, which was declassified this past week. No maiming is known to have occurred in U.S. interrogations, and the Justice Department disavowed the document without public notice nine months after it was written.
In the sober language of footnotes, case citations and judicial rulings, the memo explores a wide range of unsavory topics, from the use of mind-altering drugs on captives to the legality of forcing prisoners to squat on their toes in a "frog crouch." It repeats an assertion in another controversial Yoo memo that an interrogation tactic cannot be considered torture unless it would result in "death, organ failure or serious impairment of bodily functions."
Yoo, who is now a law professor at the University of California at Berkeley, also uses footnotes to effectively dismiss the Fourth and Fifth amendments to the Constitution, arguing that protections against unreasonable search and seizure and guarantees of due process either do not apply or are irrelevant in a time of war. He frequently cites his previous legal opinions to bolster his case.
Written opinions by the Office of Legal Counsel have the force of law within the government because its staff is assigned to interpret the meaning of statutory or constitutional language. Yoo's 2003 memo has evoked strong criticism from legal academics, human rights advocates and military-law experts, who say that he was wrong on basic matters of constitutional law and went too far in authorizing harsh and coercive interrogation tactics by the Defense Department.
"Having 81 pages of legal analysis with its footnotes and respectable-sounding language makes the reader lose sight of what this is all about," said Dawn Johnsen, an OLC chief during the Clinton administration who is now a law professor at Indiana University. "He is saying that poking people's eyes out and pouring acid on them is beyond Congress's ability to limit a president. It is an unconscionable document."
John Yoo's Legacy, [my bold, my photo caption]
The interrogation memo was considered a binding opinion for nine months until December 2003, when OLC chief Jack Goldsmith told the Defense Department to ignore the document's analysis.
In his 2007 book "The Terror Presidency," Goldsmith, who now teaches law at Harvard University, said that some of the memos written by Yoo and his colleagues from 2001 to 2003 were "deeply flawed: sloppily reasoned, overbroad, and incautious in asserting extraordinary constitutional authorities on behalf of the President."
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/05/AR2008040502099_pf.html

March 20, 2008

AG Ashcroft Destroys Your Right to Know

Published on Monday, January 7, 2002 in the San Francisco Chronicle
The Day Ashcroft Censored Freedom of Information
by Ruth Rosen
The President didn't ask the networks for television time. The attorney general didn't hold a press conference. The media didn't report any dramatic change in governmental policy. As a result, most Americans had no idea that one of their most precious freedoms disappeared on Oct. 12.
Yet it happened. In a memo that slipped beneath the political radar, U.S. Attorney General John Ashcroft vigorously urged federal agencies to resist most Freedom of Information Act requests made by American citizens.
[...] the Freedom of Information Act … allows ordinary citizens to hold the government accountable by requesting and scrutinizing public documents and records. Without it, journalists, newspapers, historians and watchdog groups would never be able to keep the government honest….
[...] Yet without fanfare, the attorney general simply quashed the FOIA. The Department of Justice did not respond to numerous calls from The Chronicle to comment on the memo.
This report then proceeds to list instances of citizens and activist groups using the FOIA for the benefit of the people. It can be found at this older post from CommonDreams.org: