Continued Injuries and Usurpations.

Recent dismal developments on the War on Terror/Civil Liberties Front:

(1) “The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.”

The European Court of Human Rights finds that Poland harbored one of the CIA’s infamous black sites — perhaps this is one of the old Soviet compounds? “[S]imilar cases have been lodged with the court in Strasbourg against Romania and Lithuania.”

(2) “The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press.”

Paging J. Edgar: The Intercept’s Glenn Greenwald and Murtaza Hussain, with help from Edward Snowden, uncover NSA and FBI surveillance of prominent, upstanding Muslim-Americans. “In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: ‘Mohammed Raghead.'”

(3) “Emblazoned with the crests of 19 agencies, it offers the most complete and revealing look into the secret history of the government’s terror list policies to date. It reveals a confounding and convoluted system filled with exceptions to its own rules, and it relies on the elastic concept of ‘reasonable suspicion’ as a standard for determining whether someone is a possible threat…individuals can be watchlisted if they are suspected of being a suspected terrorist, or if they are suspected of associating with people who are suspected of terrorism activity.”

Also in The Intercept, Jeremy Scahill and Ryan Devereaux explain the absurdly broad net that is the terrorist watchlist. “There are a number of loopholes for putting people onto the watchlists even if reasonable suspicion cannot be met.”

(4) “Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants, a new report says…rais[ing] questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases.”

And in The Guardian, Spencer Ackerman expounds on the FBI’s apparent excessive leaning on entrapment to conjure up terror cases. “‘In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,’ the report alleges.”

Torture, rendition, secret prisons, spying on Americans, surveillance policies that are obviously, woefully ripe for abuse…We are six and a half years into the administration of a president who promised us definitively this nonsense would end. And yet, virtually every day, we hear of a new outrage, and the only official response seems to be Lock Up the Messenger. So when are we going to get an accountability moment here?

More than Words.

“And yet, as our fight enters a new phase, America’s legitimate claim of self-defense cannot be the end of the discussion. To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it.”

Didn’t get to this before heading out for a Memorial Day weekend camping trip: As y’all know by now, President Obama delivered a much-hailed State of the War on Terror address at the National Defense University, during which he called for the eventual repeal of AUMF, tighter oversight of drone strikes, and the closing of the Gitmo Gulag at last. “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”

Sounds great! When’s it happening? Er…well, that’s that trick, isn’t it? When it comes to the first promise — the repeal of AUMF — as Brooking’s Benjamin Witte noted: “Obama does not need Congress to narrow or repeal the AUMF or to get off of a war footing. He can do it himself, declaring hostilities over in whole or in part. And Obama, needless to say, did not do anything like that.”

Ok, what about drone strikes? As Fred Kaplan and others — including the heckler at the speech — have pointed out, President Obama did not promise to transfer drone strike authority from the CIA (where they remain covert) to the military (where there’s more possibility of oversight.) Nor did he pledge to end “signature strikes,” meaning the current practice of unleashing fiery death upon unknown parties because they seem to be acting shady. This “supposedly new, restrictive policy on drone strikes,” writes Kaplan, “was neither new nor restrictive…In short, the speech heralded nothing new when it comes to drone strikes.”

Instead, Obama defended his drone policy as legal and effective. At one point, he asserted “for the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process.” And then, in the very next paragraph, he asserts that particular executive prerogative in the matter of Anwar Awlaki — assassinated without due process. (FWIW, Obama is clearly using the Colbert reasoning here: “Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”)

As for Gitmo…well, we have been here before, so fool me once and all that. “‘The speech was deeply disappointing,’ says David Remes, a lawyer who has represented a number of Yemenis held at Guantanamo – adding that Obama only ‘created the illusion of forward momentum.’…The president has the power to issue national security waivers and direct the Secretary of Defense to certify detainee transfer if they are deemed not a national security threat – something human rights groups have been advocating. Didn’t hear much about that in the president’s address.

Yes, the paragraphs I quoted from the speech above at the onset are laudable, and yes, I suppose some people might find it vaguely comforting to know that the force of these issues weigh on the presidential mind in a way they didn’t between 2001 and 2008. But let’s be honest. It has been a troubling tendency of this administration — and by troubling tendency I mean signature pattern — to follow up lofty, progressive-minded rhetoric with absolutely no action of consequence. We need more than words from this president.

Hounding Private Manning.

“I hoped that the public would be as alarmed as me about the conduct of the aerial weapons team crew members. I wanted the American public to know that not everyone in Iraq and Afghanistan are targets that needed to be neutralized, but rather people who were struggling to live in the pressure cooker environment of what we call asymmetric warfare. After the release I was encouraged by the response in the media and general public, who observed the aerial weapons team video. As I hoped, others were just as troubled– if not more troubled that me by what they saw.”

While pleading guilty to 10 of the 22 charges against him, Bradley Manning makes a long and detailed statement about why he gave classified documents to Wikileaks. “The more I read the cables, the more I came to the conclusion that this was the type of information that– that this type of information should become public. I once read a, and used, a quote on open diplomacy written after the First World War and how the world would be a better place if states would avoid making secret pacts and deals with and against each other.”

See also this on Gitmo: “[T]he more I became educated on the topic, it seemed that we found ourselves holding an increasing number of individuals indefinitely that we believed or knew to be innocent, low level foot soldiers that did not have useful intelligence and would be released if they were still held in theater.”

I’m with Glenn Greenwald on this – Bradley Manning should be considered a hero, the Daniel Ellsberg of our day, and the real crime here is how terribly he’s been treated by the powers-that-be for a justifiable act of whistle-blowing. “He knew exactly what he was risking, what he was likely subjecting himself to. But he made the choice to do it anyway because of the good he believed he could achieve, because of the evil that he believed needed urgently to be exposed and combated, and because of his conviction that only leaks enable the public to learn the truth about the bad acts their governments are doing in secret.”

And, for this stand on idealism, we’ve kept Pvt. Manning locked in a cell for 23 hours a day and are (still) threatening him with life in prison. Meanwhile, this town is overrun with glib, useless assholes who don’t care about anyone but themselves, and those guys keep failing up. We hound and imprison our Swartzes and Mannings, while coddling and venerating the Dimons and Blankfeins of this world. Some system.

The Leader and his Drones.

“It is literally impossible to conceive of any mindset more at odds with…basic principles than the one that urges that Barack Obama – unlike George Bush or Mitt Romney or whoever the scary GOP villain of the day is – can be trusted to unilaterally and secretly kill or imprison or surveil anyone he wants because he is a Good man and a trustworthy leader and therefore his unproven accusations should be assumed true. But this is, overwhelmingly, the warped and authoritarian sentiment that now prevails in the bulk of the Democratic Party and its self-identified ‘progressive’ faction, just as it did in the GOP and its conservative wing for eight years.”

Upon the revelation that the Obama administration finally moved to codify a drone policy — but only in case they lost the election and Romney took up the Ring of Power instead — Glenn Greenwald calls out the many Democrats who have forsaken their prior civil liberties stances to prop up this sort of obviously unconstitutional behavior by “Our Team.”

See also Marcy Wheeler on this issue, who along with offering an informed and in-depth view of the big picture, has unleashed some devastating tweets of late. To wit: “Shorter Scott Shane: Drone Rule Book exists for NYT A1, but not for ACLU’s grubby little FOIAs.”

I’ve said this before, but there’s an easy available metaphor to explain why what the administration is doing here is so unhealthy and reprehensible. As with the Ring, so too with indefinite detention, state secrets, extrajudicial assassinations, unmitigated use of drones, and the rest of the dark tools comprising today’s GWOT arsenal. It does not matter who tries to wield them — they will corrupt regardless, not to mention leave a trail of undeserving dead in their wake.

Note: Cool Mount Doom comic above by Terrence Nowicki, Jr (@deephurting).

Confederates at Gitmo.

“The military trial of civilians is an atrocity!” Why, yes, yes it is. And, if you didn’t think so already, Robert Redford’s The Conspirator, an occasionally flat but still edutaining courtroom drama, aims to sway you to that point of view by coming strong with the history — in this case, the 1865 trial of Mary Surratt for her alleged role in the murder of President Lincoln.

The good news is The Conspirator is nowhere near as preachy and inert as Redford’s last attempt at liberal muck-raking, Lions for Lambs. (I’ll confess I don’t have much patience for didactic message movies that bray at me to embrace opinions i already hold — See also Paul Greengrass’ Green Zone.) Nonetheless, this film still occasionally suffers from the same mix of well-meaning blandness and dramatic torpor that characterizes almost all of Amistad, Steven Spielberg’s similar 19th century courtroom exercise: The values being reified are all laudable, to be sure, but the story as told is strangely lifeless (and I say that as someone who probably enjoys the genre of movies-to-be-shown-in-high-school-history-when-the-teacher-is-out more than most.)

Fortunately, the movie grew on me after awhile. Its depiction of broader Washington DC often feels stagy, and some of the acting support here doesn’t help matters. (As Surratt’s daughter Anna, Evan Rachel Wood overdoes it in her every scene, and the very 21st-century Justin Long is just miscast here as a Union veteran.) But as the lens of the story narrows down to the nitty-gritty of the court case in its middle hour, The Conspirator finds a surer footing. At its best moments, Redford’s film feels like an episode of Law and Order: Civil War Unit, one whose resonances — military tribunals, indefinite detentions, victor’s justice, and whatnot — still feel “ripped from the headlines.”

After establishing that our protagonist here, Frederick Aiken (James McAvoy, with an impressive American accent — he should help out his countryman Ewan) is a Union war veteran wounded in his nation’s service, The Conspirator begins with the terrible crime that will concern us. On the night of April 14, 1865, only five days after Lee’s surrender at Appomattox, several men attempt to kill President Lincoln, Vice-President Johnson, and Secretary of State Seward, with mixed results. Seward manages to survive some nasty stab wounds, Johnson’s killer loses his nerve…but, as we all know, the flamboyant actor-turned-assassin John Wilkes Booth manages to kill the 16th President of the United States in cold blood. It is a horrible act of treason, the first assassination America has ever seen, and, make no mistake, everyone involved will pay.

And so, under the direction of Secretary of War Edwin Stanton (Kevin Kline, only slightly less Cheneyesque than Richard Dreyfuss in W) the conspirators (minus Booth, who is shot during capture) are rounded up and put on, for all intent and purposes, show trial — one headed by military men and quite clearly designed to come back with guilty verdicts. (FWIW, this film mostly elides over the Manhunt part of the story.) Nonetheless, according to that quaint old Constitution, even such dastardly criminals as these deserve defense counsel, and ultimately the young Union lawyer we met at the outset is roped into defending Mary Surratt (Robin Wright) by his mentor, Maryland senator Reverdy Johnson (Tom Wilkinson).

Captain Aiken takes to his new position reluctantly, especially since he feels pretty certain that Surratt — the proprietress of the boarding house where the conspirators plotted — is guilty as all Hell. But as he learns more of Surratt and her pious Christian, Ur-mother ways, he starts to wonder if maybe she’s just taking the fall for her son John (Johnny Simmons of Jennifer’s Body), who is still on the lam. And, as he grows ever more sick of the obvious railroading happening at trial under the direction of Judge David Hunter (Colm Meaney) and prosecutor Joseph Holt (Danny Huston, doing his officiously sinister bureaucrat thing), Aiken becomes a convert to his duties, even as proper Washington society begins to shun him for seeming to take on the Confederate cause. Sometimes a man has to make a stand, etc. etc.

I don’t know much about the Mary Surratt trial other than what Wiki has to offer, so I can’t tell you if Redford and screenwriter James Solomon have done justice to the specifics of the story — It seems to have a versimilitude about it, at any rate. But one place where I thought The Conspirator faltered is in establishing the Big Picture. True, the film begins grimly with Lincoln’s assassination — hard to fault it there, I suppose. But particularly once the courtroom scenes take hold, it doesn’t do a very good job of putting everything in emotional context — that all of this is happening mere days and weeks right after the close of America’s bloodiest war. (Nor, for that matter, is slavery mentioned.) And so, while the Law and Order aspects of the story are often compelling in their own right, the trial also feels flat, and strangely disconnected from all the events that put it in motion.

Which is too bad, really. Since, if anything, that Civil War backdrop adds depth to the viewpoint Redford seemed to be trying to uphold. There we were after four years of bloody war, 600,000 dead and the president assassinated, and Aiken is still taking a stand for the constitutional rights of Mary Surratt — even though an innocent verdict might well put the sides at each other’s throats again. (Contrast this with the cowardly behavior our past two administrations have shown with regard to tribunals, detentions, Gitmo, etc, even though, neither on 9/11 or since, has Al Qaeda ever represented the kind of existential threat to our republic that we faced in 1865.)

Speaking of the Civil War angle: In a way, I admire the shrewdness of this film: It tries to pitch a civil liberties morality play in such a way that the people who will feel most aggrieved about the injustices being shown, civil libertarians notwithstanding, are the folks among us with residual sympathy for the Confederacy — not normally a left-leaning or libertarian bunch. But, let’s get real: They’re not going to see this film, or, if they do, see it as anything other than lefty propaganda. Like Inside Job or Casino Jack and the United States of Money, The Conspirator is for the most part just preaching to the choir. One of the best things you can say about it is that, for the middle hour at least, you may not mind humming along.

Obama Ghraib.

“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”

Sometimes I don’t post here because I’m really busy. Sometimes I don’t post here because the news is too damned depressing: The United States takes another big step towards Miniluv by applying Dubya-era torture and intimidation techniques to an American citizen in custody for leaking, Bradley Manning. (Y’see, it’s a four lights = five lights kinda thing. Manning has to break — and then, like Zubadayah and KSM, voice untruths — for there to be any sort of possible criminal conspiracy case against Wikileaks.)

What is there to say, really? State Department spokesman P.J. Crowley already correctly stated that this abusive treatment of Manning was “ridiculous, counterproductive, and stupid,” and, within days, he was fired for stating the obvious.

The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.

So let’s review. Dubya’s administration constructs an illegal and unconstitutional torture regime — Nobody goes to jail, and nothing changes. (Look forward, not backward!) The Dubya administration lies to the American people in order to prosecute a war of choice in Iraq. Nobody goes to jail, and nothing changes. Through greed and outright fraud, Wall Street traders implode the global economy to the tune of trillions of dollars, and, with the convenient exception of Bernie Madoff, nobody goes to jail, and nothing changes. (Synthetic junk, anyone?) Big banks continue their crime spree by engaging in a massive epidemic of foreclosure fraud, and nobody goes to jail (but we’ll make them promise not to do it again!)

Oh, and an Army private leaks “secret” documents (so secret they were available to millions of people) because “[h]e wanted people held accountable and wanted to see this didn’t happen again” — the very definition of whistleblowing — and now we’re treating him like Winston Smith. (Then again, our president does despise whistleblowers.)

Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.

Nope, sorry. Instead, President Obama fired Crowley and is owning what’s happening to Manning right now. He also just reinstated and normalized indefinite detentions at Gitmo. (Obama the constitutional scholar? Meet the Fifth and Sixth Amendments.) And when not perpetuating Dubya-era illegalities, he (and new lefty-bashing chief of staff) spend their days talking up the deficit, talking down regulation, and hoping the Chamber and the NRA take their meetings. Feel those winds of change, y’all. (Obama meme pic above via here.)

Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.” P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.“

The Invisible Victim…and the Ring of Power.

“No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)

In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.

The New “Black Hole”: Bagram.

“The bottom line is this: Current procedures under the CSRT are such that a perfectly innocent individual could be held and could not rebut the Government’s case and has no way of proving his innocence. I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary.” Me too, Senator Obama, me too.

In a decisive break with his campaign stances and the best indicator yet that this administration is now happily perpetuating deeply troubling Bush-era policies, the President wins the right to hold detainees indefinitely in Bagram — the difference from the Boumediene decision on Gitmo being that Bagram is a “war zone.” (And Ben Franklin’s admonition aside, that’s an excuse you hear quite a bit these days.)

FWIW, Politico’s Josh Gerstein — while bending over backwards, as per the Village norm, not to call torture “torture” — suggests civil liberties concerns are overblown here, but check out his reasoning: “The Obama administration…has, so far, resisted seeking a full-scale preventive detention law that would apply to future captives. Instead, it has pleaded with civil liberties and human rights groups not to oppose some legal mechanism to allow the continued detention of Al Qaeda captives, at least some of whom may be untriable because of aggressive interrogations many view as torture.“

Oh, please. We have to hold them forever because we tortured them? How utterly and completely effed up is that? As Stephen Colbert well put it: “It’s essentially the same stance taken by George Bush. With one important difference: Obama makes the kids like it.”

The Failure at the Crack.

Another very busy week at work, and haven’t had time to do a real update. But, in the meantime, via @Normative and since today is Tolkien Reading Day (i.e. the day Isildur’s Bane was destroyed and Sauron fell), here’s a great editorial cartoon on the dangers of the ring on the executive power front. (I presume that’s meant to be Russ Feingold in the Elrond role.) The Hearts of Men are easily corrupted, and the Ring of Power has a will of its own…

The Gitmo Homicides.

“As news of the deaths emerged the following day, the camp quickly went into lockdown. The authorities ordered nearly all the reporters at Guantanamo to leave and those en route to turn back. The commander at Guantanamo, Rear Admiral Harry Harris, then declared the deaths ‘suicides.’ In an unusual move, he also used the announcement to attack the dead men. “I believe this was not an act of desperation,” he said, ‘but an act of asymmetrical warfare waged against us.'”

In Gitmo, no one can here you scream. After chatting with four members of a military intelligence unit on the premises, Harper’s writer Scott Horton makes a compelling case that three Gitmo suicides in 2006 were in fact covered-up murders, occurring as a result of the Dubya-era torture regime. “All four soldiers say they were ordered by their commanding officer not to speak out, and all four soldiers provide evidence that authorities initiated a cover-up within hours of the prisoners’ deaths.“

Update: Slate‘s Dahlia Lithwick calls out the press for its deafening silence. “The fact that three Guantanamo prisoners–none of whom had any links to terrorism and two of whom had already been cleared for release–may have been killed there and the deaths covered up, should be front-page news. That brand-new evidence of this possible atrocity from military guards was given only the most cursory investigation by the Obama administration should warrant some kind of blowback. But changing what we allow ourselves to believe about torture would change the way we have reconciled ourselves to torture. Nobody in this country is prepared to do that. So we have opted to ignore it.“