Category Archives: the President

Event RESCHEDULED -> March 13, 2008: Security vs. Privacy: A Discussion of FISA and Related Issues

Time, and Location: 5:00 to 6:00 pm, Hulston Hall, Room 6, University of Missouri Campus

At the behest of the Bush Administration, Congress is debating a number of updates to the Foreign Intelligence Surveillance Act. This long-standing law, passed in response to widespread abuses of executive power during the Nixon era, protects American citizens from being spied upon by the government. FISA strikes a balance between ensuring Americans’ rights to security in their communications and keeping our country safe from foreign threats.

One of the key characteristics of FISA is that it allows the government to engage in surveillance of suspected foreign threats, such as terrorists BEFORE seeking a court order.

The FISA court, the judicial body created to review government requests for permission to wiretap suspected threats, routinely granted such requests. The President would have us believe that this permissive system is not enough and that sweeping NEW powers should be granted to the Executive Branch to engage in spying upon American citizens.

This should be troubling to all Americans. Indications are that the government has already engaged in such activities, in violation of existing law. The Administration’s request would provide retroactive cover for these illegal acts. Furthermore, the President is demanding that Congress grant immunity to the telecommunications companies who handed over untold amounts of information about domestic communications at the government’s request. The Administration would have you believe that such immunity is warranted because these companies were simply doing their “patriotic duty.” Nevertheless, these same businesses cut off FBI wiretaps of suspected terrorist targets when the government failed to pay its bills on time.

What is most troubling of all is that the Senate has already passed a bill that gives the Administration everything it wants. Any chance to stop this assault on our civil liberties now lies in the House.In order that concerned citizens may better understand the proposed changes to FISA, the MU chapter of the American Constitution Society will host a panel discussion on the topic this Thursday, February 21 March 13, 2008 from 5:00 to 6:00 pm in Hulston Hall, Room 6.

The panel will consist of Christina Wells, Professor of Law at MU, whose studies have focused on free speech and government access; Charles Davis, Professor of Journalism at MU and the executive director for the National Freedom of Information Coalition; local attorney and civil rights advocate Dan Viets; and John Coffman, who lobbies for the American Civil Liberties Union in Jefferson City.

[Ed. Note : This event has been rescheduled for March 13th due to severe weather. Professor Davis has also been added to the panel]

Vox Populi

73% to 22%:

Americans overwhelmingly oppose George Bush’s efforts to wiretap Americans’ phone calls and emails without a search warrant, according to a Democrats.com telephone poll of 1,006 adults conducted by ICR.

Some may quibble with the wording of the statement respondents were asked to approve or disapprove: “President Bush wants the power to wiretap the phone calls and emails of Americans without a search warrant from a judge.” But that’s what he wants, isn’t it?

The Torture Program and its Enablers

Guantánamo man’s family release ‘torture’ dossier:

Mr Deghayes was captured in Pakistan - his family claim by bounty hunters - after the US attacked Afghanistan. They say he had gone there to start a business exporting dried fruit to a leading supermarket.

In the dossier, he claims to have seen US guards kill people, witnessed prisoners being partially drowned, and saw the Qur’an thrown into a toilet by a US guard.

The new claims come after earlier Guardian reports of Mr Deghayes’s ill treatment, including allegations that he was left blinded in one eye after a soldier plunged his finger into it, and claims that he had human excrement smeared on his face.

As several Guantanamo prisoners slowly are allowed release, no doubt more and more of these former prisoners will tell such stories. The “few bad apples” defense simply won’t match the systemic magnitude of the prisoners’ stories of abuse. Referring back to the New Yorker piece on “black sites,” it seems our government already has quite a handle on creating a systemic torture regimen for its “detainees.”

“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.”

[...]

A former member of a C.I.A. transport team has described the “takeout” of prisoners as a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location. A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories during the takeout of detainees, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability. The interrogation became a process not just of getting information but of utterly subordinating the detainee through humiliation.” The former C.I.A. officer confirmed that the agency frequently photographed the prisoners naked, “because it’s demoralizing.”

[...]

Ramzi Kassem, who teaches at Yale Law School, said that a Yemeni client of his, Sanad al-Kazimi, who is now in Guantánamo, alleged that he had received similar treatment in the Dark Prison, the facility near Kabul. Kazimi claimed to have been suspended by his arms for long periods, causing his legs to swell painfully. “It’s so traumatic, he can barely speak of it,” Kassem said. “He breaks down in tears.” Kazimi also claimed that, while hanging, he was beaten with electric cables.

There is no well-mannered “intellectually honest” State Department lawyer, no distinguished law professor, no “follower” of the philosophy of Christ, who can justify, excuse or otherwise explain the systematic dehumanization and degradation of Guantanamo, the “Black Sites,” and Abu Ghraib. This administration’s evisceration of the Geneva Conventions, its persistent forwarding of the theory of a “unitary executive,” and the petulance of its divine-righted “decider” each in its own way have contributed to the culture of lawlessness and human degradation of Guantanamo. There is no law but the Decider’s law. And there is no act, however cruel, degrading or perverted, that cannot be coolly and systematically committed in the name of the Decider’s War on Terror. A man sodomized, his face smeared with feces - this is an end result, a logical conclusion to the “advocacy” of genteel government lawyers, the novel theories of legal “scholars,” and the “necessary steps” of a self-described “Christian.”

In January of 2009 it will be tempting for America, before itself and before the world, to write-off the Cheney-Bush administration as an aberration. But throughout this current administration’s lawlessness, Congress bi-partisanly either meekly assented to or actively promoted every one of the administration’s actions involving “detainee” treatment. Most importantly, we the people have assented as well. Perhaps we are too willing, as in the case of Abu Ghraib, to accept the “bad apples” defense our government puts forth. Perhaps we are unwilling to look squarely at what we’ve allowed our government systematically to do to countless human beings. Perhaps it’s too disturbing for us to admit having a part in.