…and Michael Moore is FAT!

Terry Glavin, last True Leftist™ in Canada, finds the late, lamented Kyoto treaty (and environmentalism in general) wanting — and apparently it’s all Al Gore’s fault.

No, really:

Kyoto could have been an instrument to force technological innovation in the world’s advanced economies in such a way as to clear a path for eventual and meaningful global reductions in greenhouse gases. But it didn’t turn out that way, and since nobody’s being especially parsimonious in the apportionment of blame for this, while we’re at it, there’s no good reason to ignore the pathological unseriousness that routinely attends to environmentalism, either.

By condoning Kyoto’s initial exemption of China, it doesn’t take a Nobel Prize in climate science to wonder whether there was any reason to believe that recalcitrant American senators would soon be going vegan. To expect American conservatives to get on board was as moronic as imagining that just one more poster of a polar bear on a shrinking ice floe would cause them all to prostrate themselves and beg forgiveness at the feet of failed Democratic presidential contender Al Gore. The alarming American “skepticism” about climate science did not end with the release of Gore’s global-warming documentary An Inconvenient Truth. That’s when it began.

Of course, nowhere among Glavin’s incoherent, straw-filled missives against his hippie punching bag du jour (shorter: STOP HITTING YRSELVES) will you actually find any truly serious solutions offered to counter what Glavin himself says will otherwise be “catastrophic” — unless you, for whatever reason, agree with Glavin’s astoundingly credulous assertion that “whatever his shadowy oilpatch connections and whatever his sins, Prime Minister Stephen Harper should be taken at his word and held to his word that Canada is serious about building national and global measures that will deal seriously, not just symbolically, with global warming.”

And ponies? I mean, Glavin has provided us with enough straw in one 600 word op-ed to feed an entire stable of Clydesdales for at least a decade. The simpering, eventehlibrul suck-up routine re: Uncle Steve’s magical powers also makes one wonder if ol’ Terry might be angling for a cushy Senate appointment to help ride out the rest of his Carlsberg years.

But what do I know?

I’m just an “apprentice raging grannie” spitting on ‘Nam vets too busy giving Joe Foodbank the business for not trading in his beat-up Pinto for a Prius to single-handedly administer a viable solution for AGW.

Just remember: True Leftists™  heart big corporations, sustainable [sic] seal hunts, and proto-fascist prime ministers (oh, and piece of shit environment ministers too). All of which will, eventually, save us from a bleak, carbon-based demise at the hands of Al Gore.

And ponies.

‘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.

Recommend this post at Progressive Bloggers

The Damage Done

by matttbastard

Apparently The Dark Side was only the iceberg’s tip:

“President Obama’s plans to expeditiously determine the fates of about 245 terrorism suspects held at Guantanamo Bay, Cuba, and quickly close the military prison there were set back last week when incoming legal and national security officials — barred until the inauguration from examining classified material on the detainees — discovered that there were no comprehensive case files on many of them.

Let’s pause for a moment to let that sink in: “there were no comprehensive case files on many of them.”

Ok, moving on:

Instead, they found that information on individual prisoners is “scattered throughout the executive branch,” a senior administration official said. The executive order Obama signed Thursday orders the prison closed within one year, and a Cabinet-level panel named to review each case separately will have to spend its initial weeks and perhaps months scouring the corners of the federal government in search of relevant material.

Several former Bush administration officials agreed that the files are incomplete and that no single government entity was charged with pulling together all the facts and the range of options for each prisoner. They said that the CIA and other intelligence agencies were reluctant to share information, and that the Bush administration’s focus on detention and interrogation made preparation of viable prosecutions a far lower priority.

Rewind my selekta: “[T]he Bush administration’s focus on detention and interrogation made preparation of viable prosectutions a far lower priorty

A far lower priorty.

Of course, DeYoung and Finn wouldn’t be “objective” if they didn’t (falsely) balance things out with the requisite mealy-mouthed partisan broadsides from–wait for it, kiddies–some unnamed former Bush administration assbaskets who nostalgically break out their by-now-rusty bullshit shovels:

But other former officials took issue with the criticism and suggested that the new team has begun to appreciate the complexity and dangers of the issue and is looking for excuses.

After promising quick solutions, one former senior official said, the Obama administration is now “backpedaling and trying to buy time” by blaming its predecessor. Unless political appointees decide to overrule the recommendations of the career bureaucrats handling the issue under both administrations, he predicted, the new review will reach the same conclusion as the last: that most of the detainees can be neither released nor easily tried in this country.

“All but about 60 who have been approved for release,” assuming countries can be found to accept them, “are either high-level al-Qaeda people responsible for 9/11 or bombings, or were high-level Taliban or al-Qaeda facilitators or money people,” said the former official who, like others, insisted on anonymity because they were not authorized to talk to reporters about such matters. He acknowledged that he relied on Pentagon assurances that the files were comprehensive and in order rather than reading them himself.”

Well, isn’t that cute!  He never read the (um, non-existent files) that the Pentagon claimed are comprehensive (and are, um, non-existent),  yet somehow still remains completely confident that all Gitmo detainees (apart from the 60 designated for release–oopsie!) are lawfully detained and cannot ever be released, because, um, well, because — hey, look! A Wookie from the planet Kashyyyk!

It does not. make. sense.

Ok, say what you want about the Nazis, but at least they had the *ahem* decency to keep oh-so-impeccable records on their detainees; would that the former administration have shown similar consideration.

Hilzoy (h/t) lays it out on the table:

It takes, well, a special kind of administration to detain people for years on end without bothering to assemble case files on them. I’m just glad they’re finally gone.

Yes, gone, but their tainted legacy, unfortunately, festers, like black mold spreading contamination throughout the structure of US and international law.

Steve Benen puts these latest revelations in context:

The previous administration a) tortured detainees, making it harder to prosecute dangerous terrorists; b) released bad guys while detaining good guys; and c) neglected to keep comprehensive files on possible terrorists who’ve been in U.S. custody for several years. As if the fiasco at Gitmo weren’t hard enough to clean up.

And in order to completely mitigate the rot that, over the past 8 years, has almost completely eaten away at the rule of law in the US, Sylvia/M believes that the Obama administration must subcontract the restoration of  justice to the Hague:

If Obama really wants to restore our standing in the international community and to reinstate the rule of law here in the United States, now is the time to bind ourselves to the Rome Statute, submit to international justice, and start cleaning up the deeply entrenched messes our previous partisan warhawk regime has wrought.  The damage is growing too deep and too great for our national court systems to fix alone.

At the very least, this latest postscript from The Dark Side further underscores how vital it is for the Obama administration to hold accountable those who, whether deliberately or by virture of willful indifference, chose–chose–to napalm all progress Western Civilization has made since the Magna Carta was signed.

Torching our value system, in order to save it.

Recommend this post at Progressive Bloggers

Beltway Inertia and the Rule of Law

by matttbastard

In a must-read post today, Glenn Greenwald challenges Ruth Marcus and the establishment Washington consensus, in which the pursuit of war crimes charges against soon-to-be-former Bush officials is arbitrarily dismissed as either too polarizing, too partisan, or just too goddamn difficult to successfully prosecute, and thus should be preemptively abandoned.  Greenwald explains why this virtually ensures the perpetuation of an unlawful historical feedback loop:

Along with the desire for just retribution, one of the two principal reasons we impose penalties for violations of the criminal law is deterrence — to provide an incentive for potential lawbreakers to refrain from breaking our laws, rather than deciding that it is beneficial to do so. Though there is debate about how best to accomplish it and how effective it ultimately is, deterrence of future crimes has been, and remains, a core purpose of the criminal law. That is about as basic as it gets. From Paul Robinson, University of Pennsylvania Law Professor, and John Darley, Psychology Professor at Princeton, in “The Role of Deterrence in the Criminal Law“:

For the past several decades, the deterrence of crime has been a centerpiece of criminal law reform. Law-givers have sought to optimize the control of crime by devising a penalty-setting system that assigns criminal punishments of a magnitude sufficient to deter a thinking individual from committing a crime.

Punishment for lawbreaking is precisely how we try to ensure that crimes “never happen again.” If instead — as Marcus and so many other urge — we hold political leaders harmless when they break the law, if we exempt them from punishment under the criminal law, then what possible reason would they have from refraining from breaking the law in the future? A principal reason for imposing punishment on lawbreakers is exactly what Marcus says she wants to achieve: “ensuring that these mistakes are not repeated.” By telling political leaders that they will not be punished when they break the law, the exact opposite outcome is achieved: ensuring that this conduct will be repeated.

[…]

Every time we immunize political leaders from the consequences of their crimes, it’s manipulatively justified in the name of “ensuring that it never happens again.”  And every time, we do exactly the opposite:  we make sure it will happen again.  And it does:  Richard Nixon is pardoned.  J. Edgar Hoover’s lawbreakers are protected.  The Iran-contra criminals are set free and put back into government.  Lewis Libby is spared having to serve even a single day in prison despite multiple felony convictions.  And now it’s time to immunize even those who tortured detainees and spied on Americans in violation of numerous treaties, domestic laws, and the most basic precepts of civilized Western justice.

One would hope to see those individuals who have been granted a national platform that allows them to have a measurable impact on the tone of discourse in Washington be responsible and advocate on behalf of the rule of law. Instead, they collectively sigh, texturally furrow their brows over how hard it is to do the right thing, before finally settling for the cold, easy comfort of doing nothing (shades of grey, children. Shades. Of. Grey.) In an article published yesterday by McClatchy Newspapers, Marisa Taylor starkly lays out the logical consequence of elite apathy towards defending the rule of law:

Without wider support, the campaign to haul top administration officials before an American court is likely to stall.

What this says to the nation, and the world, about the US and its lack of commitment to justice, human rights, and the rule of law is nothing short of staggering.  As Loyola war law expert David Glazier put it,

It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened… . It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.

And because our gatekeepers of ‘reasonable’, ‘serious’ discourse can’t begin to envision any viable course of action other than forgive and (try our goddamndest to) forget, all of this–state-sanctioned torture and rendition, unlawful domestic surveillance, an unnecessary war in Iraq that, thus far, has killed well over a million people–has, in effect, been green-lighted twice.  First, by Bush, Cheney and the rest of those who felt that burning the Constitution was the only way to save it. Then, retroactively, by those in the Beltway press corps, elite Washington society and–most egregiously–the incoming Democratic administration, all of whom would apparently rather practice their statesman-like ostrich pose than risk disrupting the inertial ebb and flow of their delicate political ecosystem.

Recommend this post at Progressive Bloggers

“An Act of Criminal International Misogyny”

by matttbastard

Via Feminist Peace Network, The Nation recently published a blistering speech from former UN AIDS envoy (and current co-director of AIDS-Free World) Stephen Lewis that highlights the lackluster, indifferent international response to endemic rape and sexual violence against women in the Congo.

A sample:

I want to set out an argument that essentially says that what’s happening in the Congo is an act of criminal international misogyny, sustained by the indifference of nation states and by the delinquency of the United Nations.

[…]

The sordid saga ebbs and flows. But it was brought back into sudden, vivid public notoriety by Eve Ensler’s trip to the Congo in July and August of last year, her visit to the Panzi Hospital, her interviews with the women survivors of rape, and her visceral piece of writing in Glamour magazine which began with the words “I have just returned from Hell.”

Eve set off an extraordinary chain reaction: her visit was followed by a fact-finding mission by the current UN Under-Secretary General for Humanitarian Affairs who, upon his return, wrote an op-ed for the Los Angeles Times in which he said that the Congo was the worst place in the world for women. Those views were then echoed everywhere (including by the EU Parliament), triggering front page stories in the New York Times, the Washington Postand the Los Angeles Times, and a lengthy segment on 60 Minutes by Anderson Cooper of CNN.

Largely as a result of this growing clamor against the war on women in the Congo, and the fact that Eve Ensler herself testified before the Security Council, the United Nations resolution that renewed the mandate for the UN Peacekeeping force in the Congo (MONUC, as it’s called) contained some of the strongest language condemning rape and sexual violence ever to appear in a Security Council resolution, and obliged MONUC, in no uncertain terms, to protect the women of the Congo. The resolution was passed at the end of December last year.

In January of this year, scarce one month later, there was an “Act of Engagement”–a so-called peace commitment signed amongst the warring parties. I use “so-called” advisedly because evidence of peace is hard to find. But that’s not the point: the point is much more revelatory and much more damning.

The peace commitment is a fairly lengthy document. Unbelievably, from beginning to end, the word “rape” never appears. Unbelievably, from beginning to end, the phrase “sexual violence” never appears. Unbelievably, “women” are mentioned but once, lumped in with children, the elderly and the disabled. It’s as if the organizers of the peace conference had never heard of the Security Council resolution.

But it gets worse. The peace document actually grants amnesty–I repeat, amnesty–to those who have participated in the fighting. To be sure, it makes a deliberate legal distinction, stating that war crimes or crimes against humanity will not be excused. But who’s kidding whom? This arcane legal dancing on the head of a pin is not likely to weigh heavily on the troops in the field, who have now been given every reason to believe that since the rapes they committed up to now have been officially forgiven and forgotten, they can rape with impunity again. And indeed, as Dr. Mukwege testified before Congress just last week, the raping and sexual violence continues.

The war may stutter; the raping is unabated.

But the most absurd dimension of this whole discreditable process is the fact that the peace talks were “facilitated”–they were effectively orchestrated–by MONUC, that is to say, by the United Nations. And perhaps most unconscionable of all, despite the existence for seven years of another Security Council resolution 1325, calling for women to be active participants in all peace deliberations, there was no one at that peace table directly representing the women, the more than 200,000 women, whose lives and anatomies were torn to shreds by the very war that the peace talks were meant to resolve.

Thus does the United Nations violate its own principles.

But, as FPN rightly notes,

While voices like Lewis’ are most welcome, the reality is male-dominated governments and organizations they run are not going to stop this misogynistic carnage, it is the women that must speak out and take action.

Both Lewis’ speech and the FPN post deserve to be given the RTWDT (read the whole damn thing) treatment.

Related: More from elle, Liss and Pizza Diavola, all of whom link to a number of other excellent posts that provide further information on the situation in the DRC, including this powerful and inspiring offering from SheCodes.  Also see Sokari @ Black Looks (h/t Anxious Black Woman, who has also compiled a wide variety of must-click links on the subject), who notes the irony of Eve Ensler’s “visceral piece of writing” having been published in an inherently misogynistic venue like Glamour Magazine. Sokari also decries the vain hypocrisy of humanitarian ventures that “literally feed on the suffering of others, assigning guilt to victims whilst managing to remove their white selves, their corporate money and power from any responsibility in that suffering.”

Recommend this post at Progressive Bloggers

‘Top Down Quality Control’

by matttbastard

From the ACLU:

Mehboob Ahmad is a 35-year-old citizen of Afghanistan. Ahmad was detained by U.S. military for approximately five months from June to November 2003. He was held at various locations in Afghanistan, including the Gardez firebase and the Bagram Air Base. During his detention, Ahmad was tortured and subjected to otherwise cruel and degrading treatment by U.S. military personnel.

More than a year since his release, Ahmad still suffers from leg pain and sometimes cannot move his limbs when he awakes, as a result of the physical abuse and torture he suffered while in U.S. custody. Painful techniques used on Ahmad included hanging him upside-down from the ceiling with a chain, and repeatedly pushing and kicking him while he knelt on a wooden pole with his hands chained to the ceiling.

Ahmad was also sexually and psychologically traumatized by U.S. military personnel. He was forced to strip and stay naked for long periods of time, was probed anally and was threatened with a snarling and barking dog at close range. Interrogators taunted Ahmad by directing insults at his mother and sister and implying that soldiers would rape his wife. He was also threatened with transport to Guantánamo.

Like other detainees, Ahmad was subjected to extreme sensory deprivation and isolation. He was forced to wear sound-blocking earphones; he was forced to wear black, opaque goggles almost continuously for more than a month, and was not allowed to speak with other detainees for the five months that he was in custody.

FlashbackJane Mayer on the CIA’s secret interrogation program:

As the C.I.A. captured and interrogated other Al Qaeda figures, it established a protocol of psychological coercion. The program tied together many strands of the agency’s secret history of Cold War-era experiments in behavioral science. (In June, the C.I.A. declassified long-held secret documents known as the Family Jewels, which shed light on C.I.A. drug experiments on rats and monkeys, and on the infamous case of Frank R. Olson, an agency employee who leaped to his death from a hotel window in 1953, nine days after he was unwittingly drugged with LSD.) The C.I.A.’s most useful research focussed on the surprisingly powerful effects of psychological manipulations, such as extreme sensory deprivation. According to Alfred McCoy, a history professor at the University of Wisconsin, in Madison, who has written a history of the C.I.A.’s experiments in coercing subjects, the agency learned that “if subjects are confined without light, odors, sound, or any fixed references of time and place, very deep breakdowns can be provoked.”

Agency scientists found that in just a few hours some subjects suspended in water tanks—or confined in isolated rooms wearing blacked-out goggles and earmuffs—regressed to semi-psychotic states. Moreover, McCoy said, detainees become so desperate for human interaction that “they bond with the interrogator like a father, or like a drowning man having a lifesaver thrown at him. If you deprive people of all their senses, they’ll turn to you like their daddy.” McCoy added that “after the Cold War we put away those tools. There was bipartisan reform. We backed away from those dark days. Then, under the pressure of the war on terror, they didn’t just bring back the old psychological techniques—they perfected them.”

The C.I.A.’s interrogation program is remarkable for its mechanistic aura. “It’s one of the most sophisticated, refined programs of torture ever,” an outside expert familiar with the protocol said. “At every stage, there was a rigid attention to detail. Procedure was adhered to almost to the letter. There was top-down quality control, and such a set routine that you get to the point where you know what each detainee is going to say, because you’ve heard it before. It was almost automated. People were utterly dehumanized. People fell apart. It was the intentional and systematic infliction of great suffering masquerading as a legal process. It is just chilling.”

[…]

Among the few C.I.A. officials who knew the details of the detention and interrogation program, there was a tense debate about where to draw the line in terms of treatment. John Brennan, [former CIA director George] Tenet’s former chief of staff, said, “It all comes down to individual moral barometers.” Waterboarding, in particular, troubled many officials, from both a moral and a legal perspective. Until 2002, when Bush Administration lawyers asserted that waterboarding was a permissible interrogation technique for “enemy combatants,” it was classified as a form of torture, and treated as a serious criminal offense. American soldiers were court-martialled for waterboarding captives as recently as the Vietnam War.

Yeah, but will any of it lead to organ failure? Survey says: “We do not torture.”

Related: Frontline on “The Torture Question”; Dan Froomkin on the implications of statements regarding the CIA’s secret interrogation program made by the president during the now-infamous ABC interview:

If you consider what the government did to be torture, which is a crime according to U.S. and international law, Bush’s statement shifts his role from being an accessory after the fact to being part of a conspiracy to commit.

Recommend this post at Progressive Bloggers

Stephen Harper Party Secretly Halts Detainee Transfers

by matttbastard

Well, how ’bout that–mattt speaks, Harper listens. Retroactively. Without mentioning the fact that transfers actually had ceased several months ago (and after having cast despicable aspirations on those who noted that torture was taking place on Canada’s watch).

I suppose an apology is in order.

Ok, here goes *deep breath*

I’m sorry for correctly presuming that our country really is being held hostage by a bunch of lying, willfully indifferent right-wing authoritarians. I’m sorry that our government could give a good goddamn about international law and human rights, as long as their torture-luvin’ masters down south keep handing out cookies. And I’m really sorry that the Tories reserve the right to resume transfers at any time without prior notice.

Wow. I feel purged after getting that off my chest. Uncle Steve and Co. should give it a try sometime.

Yeah, and a pony.

Impolitical nails it:

The government’s handling of this issue tells you a lot about their character. Their instinct is to deny, cover up, circle the wagons, point partisan fingers elsewhere. Then, once they’re in a pickle, reverse course only when absolutely legally necessary. Like on the eve of a court hearing.

[…]

It’s an ugly, ugly government comprised of inhuman partisans we’ve got representing us

Recommend this post at Progressive Bloggers