White House Press Secretary Jay Carney On Targeted Killing: Lethal Strikes On U.S. Citizens ‘Legal,’ ‘Ethical,’ And ‘Wise’

Words fail (h/t):

A friendly reminder from TAFKAdnA:

The Obama administration claims that the secret judgment of a single “well-informed high level administration official” meets the demands of due process and is sufficient justification to kill an American citizen suspected of working with terrorists. That procedure is entirely secret. Thus it’s impossible to know which rules the administration has established to protect due process and to determine how closely those rules are followed. The government needs the approval of a judge to detain a suspected terrorist. To kill one, it need only give itself permission.

“Trust me” != due process, Mr. POTUS.

Related: Thomas P.M. Barnett:

For now, the only club whose membership can earn you such a “pre-sentence” is al-Qaeda, but how many dangerous organizations (you tell me where to put the sarcastic quotation marks on that phrase) will be added to this list in the years and decades ahead?

[…]

This is an extremely dangerous rule-set for America to be exporting around the world: threaten or scare of just plain piss off the wrong great-power government, and it reserves the right to assassinate you at will.  The quid pro quos are easy to imagine:  you, China, turn your back when we need to kill ours and . . . America can probably do the same when you take out those “protestors” (I mean, terrorists!).

I just have to ask: how does Obama lecture Netanyahu about anything at this point?

Dueling Ledes (Compare & Contrast), Redux

AP video, Feb 15, 2011:

A recent [US] government report states the terrorist threat from Canada is greater than from Mexico, and that only 50 kilometres of the border is adequately patrolled.

CBC News, today:

Major job cuts at the Canada Border Services Agency could undermine national security and public safety, according to a security expert and public-sector union officials.

First food safety, now border security? The wanton Harpercon Budget 2012 slash ‘n’ burn austerity spree has so far made Canada a little TOO open for business. And it’s only just begun.

NDP Agriculture critic Malcolm Allen, commenting on cuts to CFIA, sums up what is shaping up to be the primary takeaway from the aftermath (thus far):

“These cuts put Canadians’ lives at risk.”

Image: conner395, Flickr. Used under CC license.

Read this Now: 7 Years in Limbo

by matttbastard

Adam Serwer of the American Prospect has been doing yeoman’s work as of late doggedly covering US detainee issues. His recent feature on former child soldier Mohammed Jawad is truly essential reading:

The story is an old one for Jawad’s lawyers — they believe the government knows it cannot justify holding him, but it doesn’t want to let him go. More galling to Jawad’s defense counsel is the fact that the government sought to include Jawad’s confessions to Afghan authorities, obtained through torture, as evidence against his release. In July, his lawyers filed a motion to suppress the confessions, which made up about 90 percent of the evidence against him. This time, the government chose not to challenge the motion — but failed to commit to his release. Judge Ellen Segal Huvelle eviscerated the government for having little cause to continue holding him. “This guy has been there seven years — seven years,” Huvelle said. “Without his statements, I don’t understand your case. I really don’t.”

At the core of the dispute over the detention of suspects like Jawad is whether or not there are, as President Barack Obama claims, “detainees at Guantánamo who cannot be prosecuted yet who pose a clear danger to the American people.” This is the so-called “fifth category” of detainees — exactly how many there are, the government has yet to determine. (Assistant Attorney General David Kris told Congress in July that half of the Guantánamo detainees’ cases had been reviewed, and none had yet been put into the “fifth category.”) “There will be some, who we have picked up and who are in Guantánamo ? who for a variety of reasons can’t be prosecuted,” says former CIA counsel Jeff Smith. “We have convincing intelligence information, but it is not enough to prosecute them.”

[Maj. David Frakt, one of Jawad’s lawyers] isn’t buying the administration’s assertion about the necessity of preventive detention — the practice of imprisoning suspected terrorists even in cases where the government cannot prove they have committed crimes. “When you look at the minimal amount of evidence required to convict someone of something like material support for terrorism, and they don’t even have that much, how is it that we know that these people are so dangerous?” he asks. Frakt’s concerns likely have a great deal to do with the way the government has treated his client — and not only because it tried to get his coerced confession admitted as evidence.
Montalvo says government officials “believe they have a guilty guy who tried to hurt Americans.”

But after seven years of failing to justify his detention, the government agreed on July 29 to release Jawad to return home to Afghanistan — though it implied he might still be subject to criminal prosecution.

Standard read-the-whole-damn-thing rules apply.

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Timing is Everything?

by matttbastard

Wonder if the following has been cited elsewhere as a possible (partial) explanation for Obama’s recent 180 on releasing the torture photos?

Der Spiegel:

The president took his decision under the pressure of time. Had he not acted, the 44 photos would have been released next week as per an order from a New York court. It was a decision the White House had originally approved. But the timing of the release would have been problematic — the images of rape and torture would have conflicted with Obama’s travel plans. On June 4, Obama plans to give a keynote address in Cairo in which he intends to unveil a plan of reconciliation with the Muslim world. The legacy of the Bush era includes an us-versus-them mentality from which Obama seeks to distance himself, and which he has already begun to reverse.

Whether true or not, it certainly makes more sense than David Ignatius’ repulsive, straight-from-the-Beltway-cocktail-circuit speculation that the sudden reversal was  meant as a ‘Sister Souljah moment’ (though would still be no less inexcusable).

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‘These people belong in a prison cell.’

by matttbastard

Re: revelations in the newly released Senate Armed Services Committee report on US torture that the Bush admin began planning the program in 2001 and that torture was utilized to gin up a link between Iraq and al-Qaida, what Radley Balko said:

So they tortured Gitmo detainees to get information, which turned out to be false, to build support for a war they had already made up their mind they would wage.

And keep in mind, these decisions were made by political appointees. Not JAGs, not military generals, not even veteran CIA agents (most people in all three positions actually opposed these policies). They were made by neocon warmongers with little to no actual military or interrogation experience who hadn’t the slightest idea what they were doing.

These people belong in a prison cell. To excuse them is to say that no abuse of power should be punishable so long as you can come up with some tortured justification about how you were only trying to protect the country.

The headline to a recent op-ed by Simon Jenkins (h/t Sarah) bottom-lines things perfectly:

‘Cheney and the apologists of torture distrust democracy.’

Special prosecutor NAO.

Related: Hilzoy on the ‘”perfect storm of ignorance and enthusiasm” that helped put the CIA torture program into action (although ‘ignorance’ seems to be a bullshit excuse):

This is what happens when we stop demanding minimal competence in our Presidents; when we start caring more about who we would rather have a beer with than, oh, who would be most likely to seek out the best advice and listen to all sides of an argument before making an important decision, or whose judgment we can trust. We end up with people who toss aside our most fundamental values because someone who has never conducted an interrogation before thinks it might be a good idea, and no one bothers to do the basic background research on what he proposes.

Of course, keep in mind what Nell points out (and Balko implicitly recognizes) in this must-read post:

One of the most persistent and discouraging themes that crops up in discussions of torture is the question of whether it “works” or not. The people engaging this question make a fatally wrong assumption: that the goal of torturers is the same as that of legitimate interrogators — to get reliable information useful for active, circumscribed military operations or police investigations.

But torture does something else altogether, and is designed to do so: it extracts false confessions. These confessions, along with the agony of the torture itself, serve the goals of limitless, lawless “war”: to humiliate and break opponents, to divide them from supporters, to terrify those not actively in opposition into staying inactive, and, most importantly, to justify the operations of the dirty war within which torture takes place: commando raids, assassinations, spying, kidnaping, secret and/or indefinite (and unreviewable) detention, and further torture.

The mistaken assumption that those in the previous administration who set the torture policy were motivated solely by an urgent need for information has several other bad effects. It reinforces the absurd ticking-bomb hypothetical that allows so many people to justify torture to themselves. It provides a noble-sounding excuse for the officials who promoted torture, making it harder for citizens to muster the will to hold them legally accountable for their crimes: “They were just trying to keep the country safe.”

The euphemism of “enhanced interrogation” for torture was chosen by both the Nazis and the Bush-Cheney regime exactly because of its propaganda value in reinforcing this false picture: It’s just legitimate questioning that goes a little further. An error of enthusiasm, if you will. An understandable mistake, a policy difference that we sure don’t want to criminalize, looking backward with our 20-20 hindsight.

But, as useful as these effects are to the torturing regime, the most important role of the spurious linkage with intelligence-gathering and interrogation is as a screen: It hides the role of torture in creating and expanding the dirty war itself.

Flashback: Via Democracy Now: Mark Benjamin and Katherine Eban on Mitchell Jessen & Associates, the shrinks who transformed SERE into CIA torture (yes, torture).

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Obama on Afghan Marital Rape Law: Fighting Terror Trumps Women’s Rights

by matttbastard

While holding a press conference the NATO summit in France, Obama was just asked a tough question from Fox News’ Major Garrett (I know, even a stopped clock is right twice a day) regarding the absolutely disgusting Afghan marital rape law and what steps the US intended to take (if any).

Obama sputtered out some mealy mouthed diplo-speak about how the law is “abhorrent” and that  “the views of the administration have been and will be communicated to the Karzai government.”

Not satisfied with this non-response, Garrett followed up, asking for clarity.

The subsequent statement from the POTUS absolutely floored me:

“We have stated very clearly that we object to this law. But I want everybody to understand that our focus is to defeat al Qaeda… .” [statement clarified based on transcript–mb]

Excuse me?!

Ok, reality check time.

Canada’s government? It sucks. Big time.

And yet Parliament is publicly putting pressure on the Afghan government to roll back this despicable proposed legislation (even if the Harpercons could be a bit more muscular in expressing their ‘deep concerns’).

President Barack Obama? He basically said that the war effort trumps human–women’s–rights–in other words, “screw the wimminz, our primary interest is rootin’ out terrorism!” Yeah–the amoral influence of Brzezinski on the Obama admin’s foreign policy (to paraphrase, “winning the war on terror is more important in the long run that a few violated women”) is definitely shining through like a lighthouse beacon.

Update: Video and transcript of the exchange, courtesy Think Progress:

Q Thank you, Mr. President, and good afternoon. I’d like to ask you about a law that’s recently been passed in Afghanistan that affects the 10 percent of the Shia population there. A summary of it says it negates the need for sexual consent between married couples, tacitly approves child marriage, and restricts a woman’s right to leave the home. The United Nations Development Fund for Women says this legalizes the rape of a wife by her husband. I’d like your assessment of this law, number one. Number two, will you condition future troop movements of the U.S. to Afghanistan on the basis of this law being retracted or rewritten? And if not, sir, what about the character of this law ought to motivate U.S. forces to fight and possibly die in Afghanistan?

PRESIDENT OBAMA: Well, first of all, this was actually a topic of conversation among all the allies. And in our communication — communiqué, you will see that we specifically state that part of this comprehensive approach is encouraging the respect of human rights. I think this law is abhorrent. Certainly the views of the administration have been, and will be, communicated to the Karzai government. And we think that it is very important for us to be sensitive to local culture, but we also think that there are certain basic principles that all nations should uphold, and respect for women and respect for their freedom and integrity is an important principle.

Now, I just want to remind people, though, why our troops are fighting, because I think the notion that you laid out, Major, was that our troops might be less motivated. Our troops are highly motivated to protect the United States, just as troops from NATO are highly motivated to protect their own individual countries and NATO allies collectively. So we want to do everything we can to encourage and promote rule of law, human rights, the education of women and girls in Afghanistan, economic development, infrastructure development, but I also want people to understand that the first reason we are there is to root out al Qaeda so that they cannot attack members of the Alliance.

Now, I don’t — those two things aren’t contradictory, I think they’re complementary. And that’s what’s reflected in the communiqué.

Q But do you object to the law –

PRESIDENT OBAMA: We have stated very clearly that we object to this law. But I want everybody to understand that our focus is to defeat al Qaeda and ensure that they do not have safe havens from which they can launch attacks against the Alliance.

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The Shock Doctrine 5: Recurring Dreams

by matttbastard

(Previous posts here, here, here and here; Sarah’s posts here.)

Chapter 4: Cleaning the Slate: Terror Does its Work

In her post outlining Chapter 4 of The Shock Doctrine, Sarah highlighted the rush to conformity and, especially, normative gender roles in post-counterrevolutionary Chile, noting that “Men could be arrested for having long hair, while women were arrested for wearing pants.” Rather than providing a detailed outline of what Klein covers in this chapter (because, really, you all are supposed to be reading along, right?) I’m instead going to take a brief look at The Terror Dream by Susan Faludi, another recent text that explores the other 9/11.  Faludi looks at how the US, in a state of shock following the fall of the towers and the attack on the Pentagon, tried to embrace a false retro-patriarchal-paradigm of men-as-saviour/protector and women as helpless waifs in need of rescue.

In an interview with TIME Magazine, Faludi explores how women in the US were repressed in the dream-like aftermath of the assault:

You had a 40% drop of women guests on the important Sunday morning talk shows. You had dramatic declines on all the Op-Ed pages of all the important newspapers, and even women who would seem like obvious guests for the Sunday morning talk shows, like Diane Feinstein or Barbara Boxer who are both chairpersons of subcommittees on terrorism, there was this feeling that this was the time for men and women should take a back seat. There was one place where there were plenty of women’s faces on TV, and that was the 9/11 widows, as long as they played the role of helpless homemaker victims. In the absence of female victims in the planes or rescued from the events of 9/11, the TV shows trotted out 9/11 widows as the substitute victims. Then, the Larry Kings and Bill O’Reillys acted like daddy saviors towards them…There was this need to assert the protective authority role of men, particularly after a trauma in which every aspect of the male protective system failed. Our government ignored warnings that we were about to come under attack. Our 9/11 dispatch system did not warn people properly. Our military did not protect our skies.

The trauma perpetuated by Pinochet and his backers greatly differs from the 9/11 assault in many ways, especially in that the overthrow of Allende was, by and large, an internal matter rather than an external breach of security (CIA complicity in Santiago notwithstanding).  Still, it’s still interesting to note in both instances how gender roles were impacted by the shock of political instability and insecurity. Embracing ‘tradition’ following drastic upheaval was almost a means of centering, reunifying a fractured nation–even if the return to ‘old’ values are largely a fictional construct.

As Sarah notes, “we see [Friedmanite markets] again and again coupled with militarism and cultural conservatism, coming in on a wave of torture, death, terror, and strictly enforced gender roles.”

Indeed, who could forget Bush’s infamous ham-fisted attempt to sooth a shattered nation’s fragile collective psyche:

On September 20, in his first lengthy national address after the attacks, Bush told the citizens of the United States what they personally could do: “Live your lives and hug your children,” he said. Be patient with FBI investigations and travel delays, and “your continued participation and confidence in the American economy” would be greatly appreciated.

Apparently the terror dream is one that recurs.

Sunday–Chapter 5: “Entirely Unrelated” How an Ideology Was Cleansed of Its Crimes

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The Shock Doctrine 4: Parallel Lines

by matttbastard

Chapter 3: States of Shock: The Bloody Birth of the  Counter-revolution

(Previous posts here, here and here; Sarah’s posts here.)

I think those programs were absolutely essential to the success we enjoyed of being able to collect the intelligence that let us defeat all further attempts to launch attacks against the United States since 9/11. I think that’s a great success story. …

former US vice-president Dick Cheney

Infamous Chilean despot General Augusto Pinochet died in December of 2006. His passing came one month after Milton Friedman, the man whose faithful acolytes, as Naomi Klein outlines in Chapter 3 of The Shock Doctrine, helped lay the ideological groundwork for the bloody counter-revolution undertaken by Pinochet and his right-wing brethren. (For the grim details, see Trend over at Alterdestiny).

As Klein notes:

For the first year and a half, Pinochet faithfully followed the Chicago rules: he privatized some, though not all, state-owned companies (including several banks); he allowed cutting-edge new forms of speculative finance; he flung open the borders to foreign imports, tearing down the barriers that had long protected Chilean manufacturers; and he cut government spending by 10 percent — except the military, which received a significant increase.  He also elimiated price controls–a radical move in a country that had been regulating the cost of necessities such as bread and cooking oil for decades.

But, as Klein further notes, despite assurances from the Chicago Boys that these radical ‘market reforms’ would (somehow) spur a decrease in inflation, inflation in Chile jumped to 375 percent in 1974, “the highest rate in the world and almost twice the top level under [former president Salvadore] Allende.” Sensing a shift among both the public and, most disturbingly, Chile’s business elite, the Chicago Boys “decided to call in the big guns,” enlisting Friedman himself to use his “rock star” presence to sell economic shock-therapy by sheer force of will.

And it worked:

In his letter of response, Chile’s supreme chief expressed “my highest and most respectful regard for you,” assuring Friedman that “the plan is being fully applied at the present time.” Immediately after Friedman’s visit, Pinochet fired his economic minister and handed the job to Sergio de Castro, whom he later promoted to finance minister.  De Castro stacked the government with his fellow Chicago Boys, appointing one of them to head the central bank.

[…]

Freed of the naysayers, Pinochet and de Castro got to work stripping away the welfare state to arrive at their pure capitalist utopia. In 1975, they cut public spending by 27 percent in one blow–and they kept cutting until, by 1980, it was half of what it had been under Allende.

Elsewhere, in Brazil and Argentina, other right-wing juntas perfected the Chilean model, waging a dirty war on those whose left-wing ideological leanings were in opposition to the wave of corporatist economic and social reform underway within the nations of the Southern Cone. But behind the counter-revolutionary action in Central and South America lurked a covert American presence, one that provided both training and materiel to the military arbiters of radical neoliberal ‘reform’ under the dubious auspices of  Operation Condor.  According to Klein, as part of the infamous program “the intelligence agencies of the Southern Cone shared information about “subversives”–aided by a state-of-the-art computer system provided by Washington–and then gave each other’s agents safe passage to carry out cross-border kidnappings and torture, a system eerily resembling the CIA’s “extraordinary rendition” network today”.

The justification for the dirty work was the same then as it is now: a war on ‘terror’, in which it was deemed necessary to sometimes skirt the boundaries of human rights and dignity in order to serve a higher purpose.  Whether that purpose was the spread of ‘freedom’ and ‘democracy’ or neoliberal doctrine is, of course at the heart of both Klein’s book and this series. Regardless, as Klein notes, the parallels between what occurred in  the 1970s and 80s and the post-9/11 era are striking.

Sarah outlines these parallels in further detail:

Warrantless wiretapping certainly isn’t mass disappearances of citizens, but it is a tool that keeps everyone in fear that they are next. It suppresses dissent and keeps people in fear for their basic safety, while around them their economic safety net is dismantled. America hadn’t undergone enough of a shock to allow, for instance, Social Security privatization, but in Chile and the other Friedmanite regimes, torture and repression left people unable to fight back.

In a NY Times op-ed (adapted from a lengthy essay published in the New York Review of Books), Mark Danner shows in stark detail just how far the Bush administration was willing to go in order to fight its contemporary “war for freedom and against tyranny”, as Argentinian Junta leader Admiral Massara at the time justified his nation’s embrace of the dark side:

Shortly after Abu Zubaydah was captured, C.I.A. officers briefed the National Security Council’s principals committee, including Vice President Dick Cheney, the national security adviser, Condoleezza Rice, and Attorney General John Ashcroft, in detail on the interrogation plans for the prisoner. As the interrogations proceeded, so did the briefings, with George Tenet, the C.I.A. director, bringing to senior officials almost daily reports of the techniques applied.

At the time, the spring and summer of 2002, Justice Department officials, led by John Yoo, were working on a memorandum, now known informally as “the torture memo,” which claimed that for an “alternative procedure” to be considered torture, and thus illegal, it would have to cause pain of the sort “that would be associated with serious physical injury so severe that death, organ failure, or permanent damage resulting in a loss of significant body function will likely result.” The memo was approved in August 2002, thus serving as a legal “green light” for interrogators to apply the most aggressive techniques to Abu Zubaydah:

“I was taken out of my cell and one of the interrogators wrapped a towel around my neck; they then used it to swing me around and smash me repeatedly against the hard walls of the room.”

The prisoner was then put in a coffin-like black box, about 4 feet by 3 feet and 6 feet high, “for what I think was about one and a half to two hours.” He added: The box was totally black on the inside as well as the outside…. They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”

After this beating, Abu Zubaydah was placed in a small box approximately three feet tall. “They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box; I think I may have slept or maybe fainted.

“I was then dragged from the small box, unable to walk properly, and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited.

“The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless.”

After being placed again in the tall box, Abu Zubaydah “was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before.

“I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week.”

Danner concludes:

The use of torture deprives the society whose laws have been so egregiously violated of the possibility of rendering justice. Torture destroys justice. Torture in effect relinquishes this sacred right in exchange for speculative benefits whose value is, at the least, much disputed.

As I write, it is impossible to know definitively what benefits — in intelligence, in national security, in disrupting Al Qaeda — the president’s approval of use of an “alternative set of procedures” might have brought to the United States. Only a thorough investigation, which we are now promised, much belatedly, by the Senate Intelligence Committee, can determine that.

What we can say with certainty, in the wake of the Red Cross report, is that the United States tortured prisoners and that the Bush administration, including the president himself, explicitly and aggressively denied that fact. We can also say that the decision to torture, in a political war with militant Islam, harmed American interests by destroying the democratic and Constitutional reputation of the United States, undermining its liberal sympathizers in the Muslim world and helping materially in the recruitment of young Muslims to the extremist cause. By deciding to torture, we freely chose to embrace the caricature they had made of us. The consequences of this choice, legal, political and moral, now confront us. Time and elections are not enough to make them go away.

Klein estimates that the number of individuals tortured in the Southern Cone during the 70s and 80s was “probably somewhere between 100,000 and 150,000, tens of thousands of them killed.” Though the numbers of so-called ‘enemy combatants’ who faced torture in CIA black sites represent a mere fraction in comparison, the willingness to throw away stated values in the name of a greater goal is borne of the same moral limbo, where ends justify all means, no matter what. And, as Sarah noted, even though the numbers are far from comparable, the effect remains the same:  keep the populace “in fear for their basic safety, while around them their economic safety net is dismantled.”

Tomorrow: Chapter 4: Cleaning the Slate: Terror Does its Work

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Dear Moe Lane

natodutch

FUCK yo couch!

hugs ‘n’ kisses,

The Online Left, who will be sleeping like babies tonight because  most of us didn’t swallow the bullshit sammich served up yesterday by the LA Times.

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‘A Place of Jarring Juxtapositions’

by matttbastard

Toronto Star national security reporter Michelle Shephard, who, over the course of her career, has visited the detention facility at sunny Guantanamo Bay, Cuba fifteen times, gives an essential summation today of what she calls “a place of jarring juxtapositions”:

Suicides of the detainees became “asymmetric warfare” and force-feeding prisoners on hunger strikes was “assisted feeding.” Captives did not have “interrogations” but had “reservations.” And signs posted on the road to the camps listed the “Value of the Week” as “Pride” or “Respect” even as Washington debated the definition of torture.

[…]Journalists have been the public’s eyes and ears at the base for the last seven years and the ever-changing rules have at times hampered our efforts to tell the whole story.

Security regulations surrounding photos and videos were perhaps the most confounding.

Last week, censors erased a photographer’s shots of the tents at “Camp Justice” where journalists reside because there were more than three tents in the frame. A television reporter’s clip was deleted because the shot showed her talking with an orange barricade in the background. No one could explain why that was a problem.

Tight shots of razor wire were okay, except if it surrounded the courthouse, even if the courthouse wasn’t shown. I tried to point out that I didn’t think Al Qaeda would be surprised that razor wire was being used as security.

Detainees couldn’t be interviewed or identified in photographs because of the Geneva Conventions, Pentagon spokespeople and military commanders told us.

The international treaties state that prisoners of war must “at all times be protected … against insult and public curiosity.” The PoWs should be afforded “respect for their persons and their honour.”

But the Bush administration created this offshore prison in an effort to sidestep those same Geneva Conventions. U.S. President George W. Bush, who left office last week, famously stated that only the “spirit of” the Geneva Conventions would be respected at Guantanamo.

Our military escorts would correct us if we referred to captives as prisoners because these were not “prisoners of war” but “detainees.”

And if the reason for censoring photos was to protect a captive’s right to privacy and honour, then the Pentagon violated its own rules when it released Guantanamo’s most famous picture. The photo, taken in 2002, showing shackled prisoners in orange jumpsuits kneeling in the hot Cuban sun while dogs and soldiers bark at them, was actually taken by a U.S. sailor.

When international furor erupted, the Pentagon quickly labelled the photos “For Official Use Only” in an attempt to prevent further distribution. But it was too late.

The entire article is a must-read, if only to counter revisionist attempts to distort the legacy of Guantanamo, such as this unfortunately (if tellingly) titled op-ed from Sunday’s Washington Post, ‘When Gitmo Was (Relatively) Good,’ in which writer Karen J. Greenberg tries to construct a ‘One Good German’ counternarrative lauding “small initial efforts at decency” on the part of detention officials.

Purported good intentions aside, Guantanamo was an immediately tainted effort once the decision was made to, according to Greenberg, “act in a manner “consistent with” the conventions (as the mantra went) but not to feel bound by them [emphasis added].”  As soon as the US untied itself from binding international law, specifically and deliberately design a detention facility in order to sidestep regulation and oversight,  the entire enterprise was doomed to debasement, no mater how hard officials initially tried to voluntarily (key word) “go with the Geneva Conventions,” as Staff Sgt. Anthony Gallegos, quoted by Greenberg, put it.

Keep that statement–“not to feel bound by them“–in mind as the new administration ties itself in knots trying to untangle the legal and moral mess left behind by the previous–and, as GOP leaders like John Boehner continue to peddle the Club Gitmo myth,  also remember Shephard’s stark recounting of Guantanamo’s true legacy.

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