ACLU Comment on Obama’s National Security Speech
By Anthony D. Romero | ACLU | May 23, 2013
President Obama is right to say that we cannot be on a war footing forever, but the time to take our country off the global warpath and fully restore the rule of law is now, not at some indeterminate future point. Four years into his presidency, President Obama has finally taken the first steps to jump-start his administration’s effort to make good on early campaign promises to close Guantánamo and recognized the human cost of failing to act. These are encouraging and noteworthy actions.
To the extent the speech signals an end to signature strikes, recognizes the need for congressional oversight, and restricts the use of drones to threats against the American people, the developments on targeted killings are promising. Yet the president still claims broad authority to carry out targeted killings far from any battlefield, and there is still insufficient transparency. We continue to disagree fundamentally with the idea that due process requirements can be satisfied without any form of judicial oversight by regular federal courts.
We are particularly gratified that President Obama embraced our recommendations to use his authority to allow prompt transfer and release of Guantánamo detainees who pose no national security threat and that have been cleared by the military and intelligence agencies. We also applaud his appointment of a high level official to supervise the process for closing Guantánamo once and for all.
But there are other problems that must still be addressed. The unconstitutional military commissions must be shuttered, not brought to the United States. While the president expressed appropriate concern about indefinite detention, he offered no clear plan for ending this unconstitutional policy for those who have not been tried or cleared for release.
President Obama’s efforts to repair his legacy in the eyes of future historians will require that he continue to double down if he is to fully restore this nation’s standing at home and abroad. The ACLU realizes that Congress has thrown significant barriers in closing Guantánamo. But in some areas Congress has been more progressive, having recently demanded legal memoranda that claim to authorize the illegal killing program. The ACLU stands ready to work with, and if necessary do battle with, those elements of government that impede our nation’s obligations to honor the rule of law and to protect our values while safeguarding our security.
For Obama civilian deaths are O.K. because the enemy kill civilians also
By Damian Lataan | May 24, 2013
In a speech to the National Defense University yesterday outlining his new policies regarding the use of drones in targeted killings US President Obama told his audience;
…before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.
This last point is critical, because much of the criticism about drone strikes – at home and abroad – understandably centers on reports of civilian casualties. There is a wide gap between U.S. assessments of such casualties, and non-governmental reports. Nevertheless, it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in all wars. For the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, these deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred through conventional fighting in Afghanistan and Iraq.
But as Commander-in-Chief, I must weigh these heartbreaking tragedies against the alternatives. To do nothing in the face of terrorist networks would invite far more civilian casualties – not just in our cities at home and facilities abroad, but also in the very places –like Sana’a and Kabul and Mogadishu – where terrorists seek a foothold. Let us remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes.
At least Obama is admitting – contrary to CIA director John Brennan’s claims that no civilians have been killed in drone strikes – that there are civilians being killed in these attacks though he is inferring that civilian deaths are not as high as some are reporting (though the Human Rights Institute are saying that some non-government reports are actually under-reporting the numbers) suggesting that the people of the world should believe US assessments rather than ‘non-governmental reports’. (Why would anyone want to believe ‘US assessments’ after the Iraq WMDs fiasco?)
Obama goes on to say that the civilian deaths will ‘haunt him’ and all those involved in the killings for ‘as long as we live’. This is unadulterated and utterly transparent garbage. Obama and his willing killers that operate the drones couldn’t care less about the civilian casualties. They do it time and time again. Thousands of civilians have been killed in drone strikes in Pakistan alone and each time Obama thinks it’s enough just to say; ‘Sorry. We didn’t mean it. We’ll do our best to ensure it doesn’t happen again’, but, of course, it does happen again – and again, and again. Obama then sinks to new low levels of rhetoric by resorting to the use of moral relativism as he attempts to justify civilian deaths by saying that the ‘enemy they are targeting also kill civilians’.
The reality is that Obama and the US kill the enemy off battlefield simply because they can and they really are not in the slightest bit concerned about the civilian deaths except inasmuch that it may adversely effect public opinion; hence the attempts at justification. What doesn’t seem to have been thought through yet is the possibility that America’s enemy may one day have the same ability to kill by remote control. What then when scores of American citizens die when the enemy makes an attempt to assassinate an American political or military leader via a remotely controlled weapon?
Israel prepared to launch war on Syria: Israeli commander
Press TV – May 23, 2013
An Israeli military commander says Tel Aviv is prepared to carry out an attack on Syria if the government of Syrian President Bashar al-Assad collapses.
On Wednesday, Israeli Major General Amir Eshel said the Tel Aviv regime might launch a sudden war on Syria should Damascus fall.
“We have to be ready for any scenario, at a few hours’ notice,” Eshel stated.
He also said that the Israeli regime would even prepare for a “protracted” war with a “post-Assad Syria.”
The recent Israeli threat is seen as part of the Western-backed efforts to set up the scene for a military intervention in Syria.
The Tel Aviv regime has already carried out three air strikes on Syria.
On May 5, Syria said the Israeli regime had carried out an airstrike targeting a research center in a suburb of Damascus, following heavy losses inflicted upon al-Qaeda-affiliated groups by the Syrian army. According to Syrian media reports, the strike hit the Jamraya Research Center. The Jamraya facility had been targeted in another Israeli airstrike in January.
The May 5 Israeli aggression was Tel Aviv’s second strike on Syria in three days.
Turmoil has gripped Syria for over two years, and many people, including large numbers of Syrian soldiers and security personnel, have been killed in the foreign-sponsored militancy.
Western powers and their regional allies including the Israeli regime, Turkey, Saudi Arabia and Qatar are partners in supporting the militant groups in Syria.
Related article
US government admits to killing four American citizens with drones
RT | May 22, 2013
United States Attorney General Eric Holder has informed Congress that four American citizens have been killed in Yemen and Pakistan by US drones since 2009.
It has been widely reported but rarely acknowledged in Washington that three US citizens — Samir Khan, Anwar al-Awlaki and his teenage son, Abdulrahman al-Awlaki — were executed in Yemen by missile-equipped drones in 2011. With Holder’s latest admission, however, a fourth American — Jude Kenan Mohammed — has also been officially named as another casualty in America’s continuing drone war.
“Since 2009, the United States, in the conduct of US counterterrorism operations against al-Qaeda and its associated forces outside of areas of active hostilities, has specifically targeted and killed one US citizen, Anwar al-Awlaki,” the letter reads in part. “The United States is further aware of three other US citizens who have been killed in such US counterterrorism operations over that same time period,” Holder said before naming the other victims.
“These individuals were not specifically targeted by the United States,” the attorney general wrote.
The news of the admission broke Wednesday afternoon when New York Times reporter Charlie Savage published the letter sent from Holder to congressional leaders in a clear attempt to counter critics who have challenged the White House for falling short of US President Barack Obama’s campaign plans of utmost transparency. Upon a growing number of executive branch scandals worsened by the Department of Justice’s recently disclosed investigation of Associated Press journalists, Holder wrote that coming clean is an effort to include the American public in a discussion all too often conducted in the shadows cast by the US intelligence community.
“The administration is determined to continue these extensive outreach efforts to communicate with the American people,” continued Holder. “To this end, the president has directed me to disclose certain information that until now has been properly classified. You and other members of your committee have on numerous occasions expressed a particular interest in the administration’s use of lethal force against US citizens. In light of this face, I am writing to disclose to you certain information about the number of US citizens who have been killed by US counterterrorism operations outside of areas of active hostilities.”
The letter, dated Wednesday, May 22, was addressed to Sen. Patrick Leahy (D-Vermont) and the Senate Judiciary Committee.
Drone strikes have become a signature counterterrorism tool used by the Obama administration and his predecessor, President George W. Bush, and have been attributed with killing roughly 5,000 persons abroad, according to Sen. Lindsey Graham (R-South Carolina). But under the covert and protective umbrella of the Central Intelligence Agency, little has been formally acknowledged from Washington as to the details of these strikes.
As part of the vaguely defined ‘War on Terror,’ the US has reportedly waged drone strikes outside of Afghanistan where the Taliban once harbored al-Qaeda. In recent years, those strikes have targeted towns in neighboring Pakistan, as well as Yemen, Somalia and perhaps elsewhere.
But despite growing criticism over escalating use of drones, the president and his office has remained adamant about defending the operations.
“It’s important for everybody to understand that this thing is kept on a very tight leash,” Obama said last January, adding that his administration does not conduct “a whole bunch of strikes willy-nilly.”
Others have argued quite the opposite, though, and have opposed these drone strikes over the lack of due process involved and the habit of accidently executing civilians in the strikes. When researchers at Stanford University and New York University published their ‘Living Under Drones’ report last September, they found that roughly 2 percent of drone casualties are of top militant leaders. The Pakistani Interior Minister has said that around 80 percent of drone deaths in his country were suffered by civilians.
Earlier this year, Sen. Rand Paul (R-Kentucky) led a marathon filibuster on the floor of Congress to oppose the CIA’s drone program and demand the administration explain to elected lawmakers why the use of unmanned aerial vehicles is warranted in executing suspects, often killing innocent civilians as a result.
Of particular concern, Paul said, was whether or not the Obama administration would use the 2011 Yemen strike as justification to kill American citizens within the US. For 13 hours, he demanded the White House respond.
“I rise today to begin to filibuster John Brennan’s nomination for the CIA,” Sen. Paul said. “I will speak until I can no longer speak. I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court.”
One day after the filibuster, both Attorney General Holder and White House Press Secretary Jay Carney reached out to Sen. Paul to say the president lacks the authority to issue such a strike within the US. With this week’s letter, however, Holder admits that at least four Americans have met their demise due to US drones. He also explains why the administration felt justified in using UAVs to execute its own people.
“Al-Awlaki repeatedly made clear his intent to attack US persons and his hope that these attacks would take American lives,” wrote Holder. “Based on this information, high-level US government officials appropriately concluded that al-Awlaki posed a continuing and imminent threat of violent attack against the United States.”
Later, Holder says the decision to strike al-Awlaki was “not taken lightly” and was first put into plan in early 2010. Additionally, Holder said the plan was “subjected to exceptionally rigorous interagency legal review” and that Justice Department lawyers and attorneys for other agencies agreed that it was the appropriate action to take.
According to Holder, the senior al-Awlaki and Mr. Khan were killed in the same September 2011 drone strike in Yemen. The following month, 16-year-old Abdulrahman Anwar Al-Awlaki was killed in a strike in the same country. Mohammed, a North Carolina resident born in 1988, was killed by a drone likely in November 2011 within a tribal area of Pakistan. Mohammed was indicted by a federal grand jury in 2009 for conspiracy to provide material support to terrorists and conspiracy to murder, kidnap, maim and injure persons in a foreign country, and was considered armed and dangerous by the Federal Bureau of Investigation. Both Khan and the older al-Awlaki were suspected members of al-Qaeda and were affiliated with the group’s magazine, Inspire.
Last February, friends of Mohammad told a North Carolina newspaper that they believed he was dead.
“Farhan Mohammed says he heard in November that his friend was killed in a drone strike,” Raleigh’s WRAL News reported in 2012. “Jude Mohammad’s pregnant wife was hysterical about her husband’s death and called her mother-in-law in the Triangle to break the news, according to Sabra. The US government hasn’t confirmed Mohammad’s death, but the people who knew him in North Carolina say it’s probably true.”
Holder declined to explain why either Mohammad or the teenage al-Awlaki were killed. President Obama is expected to discuss America’s drone program at an address in Washington on Thursday.
Related article
- Obama to address drones, Gitmo in defense policy speech (thehill.com)
Body of tortured Afghan unearthed near former US Special Forces base – report
RT | May 22, 2013
Afghan officials have reportedly found the footless body of a local man who went missing a half-year ago. The corpse was unearthed near the former A-Team US Special Forces base – where detainees were tortured and killed, locals claim.
Authorities alleged that the grisly discovery is directly connected to Zakaria Kandahari, a notorious wartime collaborator who Afghan officials believe has US citizenship.
Kandahari reportedly led a death squad that terrorized locals in Wardak Province, using the A-Team base in Nerkh District, a one-hour drive from Kabul, as a permanent residence.
The mutilated body was discovered by ditch diggers about 200 yards from the perimeter of Nerkh base in Wardak Province, the New York Times reported. The base was previously occupied by the A-Team US Special Forces unit, which withdrew in March. Rhe Nerkh base compound is currently occupied by Afghan Special Forces.
According to district governor Mohammad Hanif Hanafi, the corpse was found packed in a military-style black body bag. The victim was identified as Sayid Mohammad, a local resident who was allegedly seen being taken to an US base in November 2012.
This is not the first time that the partial remains and clothing of a missing person have been found near Nerkh base, Afghan officials said. A dismembered body was previously found in a garbage container just outside the US base.
An anonymous Afghan investigator for the Defense Ministry told the NYT that he has a list of names of 17 people who went missing in Nerkh District in Wardak Province between November and December 2012, when Kandahari’s squad conducted operations such as detaining suspects and bringing them to the US Special Forces base.
The seized persons were reportedly never seen alive again. Nine of their bodies, including that of Sayid Mohammad, were found; the other eight remain missing.
The torture squad
The recently unearthed victim was the same man previously seen in a classified video recording made last year. US officials familiar with the matter said it depicts Mohammad being repeatedly kicked by the chief interpreter at the Nerkh base – Kandahari.
Kandahari is on Afghanistan’s most-wanted list for prisoner abuse, torture and murder. Kabul claimed the US sheltered Kandahari; the US Army has denied the accusations.
The US Army has not denied that Kandahari was previously on their payroll, but maintains that the torture video was made after he parted with the A-Team to operate a rogue Afghan unit, and that he is not a US citizen. The US Military described Kandahari as a “freelance interpreter” who joined the American Special Forces voluntarily and lived at their base out of gratitude.
Over the past year, Kandahari and his henchmen have been seen throughout Wardak Province wearing NATO uniforms while riding on quad bikes in search of alleged insurgents.
Precious hangman
Last March, hundreds of Afghans – watched by a considerable number of armed riot police – marched to parliament in Kabul, demanding the withdrawal of US Special Forces from Wardak Province. The demonstrators were infuriated by reports of civilians being tortured and killed; Kandahari’s name first went public amid these demonstrations.

APTN video still
Following the protests, Afghan authorities demanded the US deliver the alleged criminal to Kabul. The US refused to turn over Kandahari to Afghan authorities.
US Military authorities claimed that Kandahari had escaped, and that they knew nothing about his whereabouts. In response, an infuriated President Hamid Karzai demanded that the US Special Operations forces leave Wardak. A compromise was later reached, and only the infamous A-Team base was removed.
An unidentified Afghan investigator told the New York Times that “there is no question” that Kandahari was directly involved in torture and murder, but asks, “Who recruited him, gave him his salary, his weapons? Who kept him under their protection?”
The official also expressed doubts that Kandahari could have left the base on his own, since “He was such a criminal that he could not stay one hour outside the base by himself.”
US Military officials reported that they conducted thorough investigations into the disappearances and murders “of at least 15 people” in Wardak Province, none of which revealed evidence that American soldiers were involved in such crimes. However, the results of these investigations have not been made public.
The treatment of Afghans by US troops and their collaborators has been a perpetual stumbling block for US-Afghan relations; the ‘steal and kill’ case of Kandahari could well be the final straw in the 11-plus years of the Afghan War.
‘Afghan govt can’t be trusted, pursuing own interest in any situation’
The governments in both Washington and Kabul should be answerable to the Afghan people over the alleged torture, believes Daoud Sultanzoy, political analyst and former Afghan MP. He described the incident involving the mutilated body of a man as “gruesome.”
However, “the history behind this that goes as far as back to 2002 or even late 2001,” he told RT. At that time, the “then Interior Minister of the Afghan interim government was keeping a private prison run by a former special forces guy, working as a freelancer for the minister.”
“There is more than one side to all these stories and they have to be investigated,” believes Sultanzoy.
Human rights organizations are staying pretty quiet on all this, which is “very suspicious.”
The Afghan government though is taking advantage of the situation, pursuing their own interests, the analyst stated. Therefore, their position on the issue “cannot be trusted,” he believes.
“We have to rely on independent sources. The Afghan justice system has to be so reliable that they can do an investigation independent from any political influence and the influence of the military as well,” Sultanzoy pointed out.
“The US military has to show it is transparent at least in cases of human rights abuses,” the expert added. They will eventually have to act and provide answers to questions regarding the allegations of torture, he concluded.
NYT’s Apologia for Syrian Rebel War Crimes?
By Michael McGehee · NYTX · May 21, 2013
On May 15, 2013 The New York Times published “Islamist Rebels Execute Pro-Government Fighters in Raqqa” under their “Watching Syria’s War” section. The page shows a grisly video of three blindfolded men being executed by apparent members of Islamic State of Iraq and al-Sham, an al Qaeda-linked group from Iraq now operating in Syria.
The first peculiar thing on the NYT page is that the foreign group and its link to al-Qaeda is not mentioned beyond the statement that, “A video posted online on Tuesday claims to show rebels from the Islamic State in Iraq and Syria executing three government army officers in retaliation for recent mass killings in Baniyas and Homs said to have been committed by government forces.”
Then there is the claim that the group was “executing three government army officers,” or “Pro-Government fighters.”
The first question that emerges comes from their own admission: “We do not know the identity of the three men executed in this video.”
Then how does the “paper of record” know they were “government army officers”?
Two of the men are dressed in civilian clothing and the third man dressed in what looks to be camouflage.
What about the “judgment” the man reads before they are executed?
The NYT page doesn’t provide any translation, though it is readily available online, as with these two slightly different translations here and here. Selections from the “judgement,” reviewed below, suggest a different possible reason for their execution.
The men are never identified as soldiers, or government officers of any kind. The only reference to them is their religious sect: Nusayri/Alawite. And when the judgment is read the rebels do not attribute the crimes they are seeking revenge for to three blindfolded men, but to the Syrian government in general.
The man reading the judgement says in the first link above: “As a response from us to these crimes . . . We intend to get closer to Allah with these Nusayri (Alawite) villains…”
And in the second version: “our answer to their crimes committed, and in revenge to the Free women of Banyas and Homs . . . [is] to get closer to God Almighty, with those coward Alawites.”
Rather than looking like an execution of “fighters,” the judgment gives the impression that the men are being executed for their religious beliefs; that three Alawite men were rounded up and killed as some kind of religious offering.
Readers of The New York Times should be asking how the Times can claim the men executed were “Pro-Government Fighters,” or “government army officers,” when they themselves admit that they “do not know the identity of the three men executed in this video,” and when the “judgment” read aloud identifies the three men in civilian clothing simply by their religious sect.
Readers should also ask why, regardless of whether the men were military officers or civilians, they did not bother to mention the execution was a blatant war crime. Because considering the baseless claims and particular omissions it looks like the NYT is playing apologia for the rebels.
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Conviction of former Guatemalan ruler overturned
Press TV – May 21, 2013
Guatemala’s top court has overturned the genocide conviction of the country’s former dictator Efrain Rios Montt, ordering his trial to restart.
The move came on Monday, about ten days after a three-judge panel convicted the 86-year-old of genocide and crimes against humanity, sentencing him to 80 years in prison.
The constitutional court’s secretary Martin Guzman said that the trial needed to go back to where it stood on April 19 in order to resolve several appeal issues.
The sentencing earlier this month was hailed by many Guatemalans, as it was the first time a former Latin American ruler was convicted of such crimes.
According to the panel, Rios Montt failed to prevent the killings of some 1,771 Ixil Mayans during Guatemala’s civil war.
Over 200,000 Guatemalan people were killed in the Guatemalan Civil War of 1960 to 1996, which pitted the right-wing government of Guatemala against various leftist rebel groups, mainly backed by Mayan indigenous people.
Most of the victims of the war were indigenous people.
In September 2011, Judge Carol Patricia Flores accused Rios Montt of genocide but could not prosecute him because he had immunity from prosecution as a congressman.
Related article
- Genocide in Guatemala: The Conviction of Efrain Rios Montt (alethonews.wordpress.com)
US Security Company Seeks Dismissal of Abu Ghraib Torture Charges because Victims were not Allowed to Leave Iraq
By Noel Brinkerhoff and David Wallechinsky | AllGov | May 21, 2013
CACI International, a U.S. defense contractor that supported the notorious Abu Ghraib prison during the Iraq war, is trying to get a lawsuit dismissed because some of the plaintiffs have been stuck in Iraq and are unable to enter the U.S.
In Al Shimari v. CACI, four Iraqis claim the contractor helped torture them while providing interrogation services at Abu Ghraib. All of them were ultimately released without being charged with a crime. They allege that CACI subjected them to a variety of torture techniques, including “electric shocks; repeated brutal beatings; sleep deprivation; sensory deprivation; forced nudity; stress positions; sexual assault; mock executions; humiliation; hooding; isolated detention; and prolonged hanging from the limbs.”
CACI lawyers have contended the case should be dismissed on two grounds. One argument centers on the fact that three of the plaintiffs have not appeared in court.
One plaintiff living in Qatar gave a deposition in person, while two others have been prevented from leaving Iraq. They had already received boarding passes for a flight from Baghdad to the United States when airport officials stopped them from actually boarding the flight.
U.S. District Judge Gerald Bruce Lee is weighing this argument for dismissal, as well as another one put forth by CACI. The second claim is based on a recent U.S. Supreme Court ruling (Kiobel v. Royal Dutch Petroleum) that CACI attorneys say should apply to their case.
“In Kiobel, the high court found that the Alien Tort Statute—under which most of the claims against CACI were brought—is presumed not to apply to actions outside the United States,” according to Marjorie Censer of The Washington Post. Lawyers for the Iraqi plaintiffs dismissed this argument by pointing that the Kiobel ruling applied to a case in which none of the parties involved were based in the United States, whereas CACI is most definitely headquartered in the U.S.
To Learn More:
Judge Weighs Motions that could Result in Dismissal of Abu Ghraib Claims against CACI (by Marjorie Censer, Washington Post)
Al Shimari v. CACI et al. (Center for Constitutional Rights)
Taha Yaseen Arraq Rashid (Free Detainees.org)
Private Contractor Torture Cases Given Go-Ahead by Federal Court (by Noel Brinkerhoff, AllGov)
