Friday, February 29, 2008

AG Michael Mukasey refused to refer the House's contempt citations against two of Bush's top aides to a federal grand jury ...

Mukasey Refuses Probe of Bush Aides | LAURIE KELLMAN | February 29, 2008

WASHINGTON — Attorney General Michael Mukasey refused Friday to refer the House's contempt citations against two of President Bush's top aides to a federal grand jury. Mukasey said White House Chief of Staff Josh Bolten and former presidential counsel Harriet Miers committed no crime.

As promised, House Speaker Nancy Pelosi announced that she has given the Judiciary Committee authority to file a lawsuit against Bolten and Miers in federal court.

"The House shall do so promptly," she said in a statement.

Mukasey said Bolten and Miers were right in ignoring subpoenas to provide Congress with White House documents or testify about the firings of federal prosecutors.

"The department will not bring the congressional contempt citations before a grand jury or take any other action to prosecute Mr. Bolten or Ms. Miers," Mukasey wrote Pelosi.

Pelosi shot back that the aides can expect a lawsuit.

"The American people demand that we uphold the law," Pelosi said. "As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that." ...

Thursday, February 21, 2008

Sequoia E-Voting Machines Reporting Inaccurate Totals in NJ

Sequoia E-Voting Machines Reporting Inaccurate Totals in NJ

The Newark Star-Ledger is reporting that New Jersey election officials have found a discrepancy in the state's Primary Election results as reported on the Direct Recording Electronic (DRE) voting machines used on Super Tuesday. Voter totals reported by the internal paper tapes on their Sequoia AVC Advantage DRE in a number of counties are failing to match up with totals found on the memory cartridges, used for both ballot definition and results storage, on the same machines, according to the report today...

FULL STORY: http://www.bradblog.com/?p=5718

serious embarrassment to the CIA's official record on rendition flights ... [flew detainees off to possible torture] UK territory twice as a stopover

CIA Corrects Itself; U.K. Territory Was Used in Rendition | By STEPHEN GREY and MADDY SAUER | Feb. 21, 2008

U.K. Territory Twice Used As a Stopover Point for Planes Transporting Detainees

In a serious embarrassment to the CIA's official record on rendition flights, the agency acknowledged today that a U.K. territory was twice used as a stopover point for planes transporting terror detainees, in contradiction to previous statements that the U.K. was not involved. ...

Wednesday, February 20, 2008

Ohio’s 2006 election law ... violated the First and Fourteenth Amendments ... Project Vote v. Blackwell [former Secretary of State]

Judge Rules Ohio Curbs on Voter Registration Drives Unenforceable | Submitted by: John Michael Sp... on Wed, 02/13/2008 - 13:07

ONB COLUMBUS: US District Judge Kathleen O’Malley imposed a permanent injunction Tuesday against enforcement of certain provisions of Ohio’s 2006 election law that imposed curbs on voter registration drives she ruled violated the First and Fourteenth Amendments to the United States Constitution and the National Voter Registration Act of 1993.

Because they impede the purpose and intent of these statutes, O’Malley declared them unenforceable.

The case, Project Vote v. Blackwell, originally filed in May 2006 on behalf of nonprofit groups who were conducting voter registration drives in Ohio, challenged several provisions of Ohio House Bill 3, enacted in 2006, as well as the Secretary of State’s implementation of those provisions. ...

House Republicans Stage Walkout, Refuse To Vote On Contempt Charges ... [Imperial President immune from Roman Senate]

House Republicans Stage Walkout, Refuse To Vote On Contempt Charges

Today, House Democrats attempted to hold a vote on contempt charges for White House Chief of Staff Josh Bolten and former White House counsel Harriet Miers, who refused to respond to subpoenas in Congress’s investigation of the U.S. attorney scandal.

On the House floor today, House Minority Leader John Boehner (R-OH) led Republicans in a walkout in protest of the contempt vote, alleging it is a “partisan fishing expedition.” The GOP is pushing for the House to approve the Senate’s version of the Protect America Act, which includes retroactive immunity for telecommunications firms. Boehner declared: ...
...
Even without the Republicans, the House contempt vote against Miers and Bolten passed, 223-32. ...

Wednesday, February 13, 2008

Justice Dept. accused of blocking Gonzales probe

Justice Dept. accused of blocking Gonzales probe | KEN CEDENO, xx | By Richard B. Schmitt and Tom Hamburger, Los Angeles Times Staff Writers | January 29, 2008

Office of Special Counsel chief says his investigation into alleged politicization of the attorney general's agency has been repeatedly 'impeded.'

WASHINGTON -- The government agency that enforces one of the principal laws aimed at keeping politics out of the civil service has accused the Justice Department of blocking its investigation into alleged politicizing of the department under former Atty. Gen. Alberto R. Gonzales.

Scott J. Bloch, head of the U.S. Office of Special Counsel, wrote Atty. Gen. Michael B. Mukasey last week that the department had repeatedly "impeded" his investigation by refusing to share documents and provide answers to written questions, according to a copy of Bloch's letter obtained by the Los Angeles Times. ...

Tuesday, February 12, 2008

Why Were the 9/11 Tapes Destroyed? ... Did They Reveal the Absence of Confessions?

February 4, 2008 | Did They Reveal the Absence of Confessions? | Why Were the 9/11 Tapes Destroyed? | By PAUL CRAIG ROBERTS

Many Americans are content with the 9/11 Commission Report, but the two chairmen of the commission, Thomas Kean and Lee Hamilton are not. Neither was commission member Max Cleland, a US Senator who resigned from the 9/11 Commission, telling the Boston Globe (November 13, 2003): "This investigation is now compromised." Even former FBI director Louis Freeh wrote in the Wall Street Journal (Nov. 17, 2005) that there are inaccuracies in the commission's report and "questions that need answers."
...
The fact that video tapes of the interrogations existed was kept secret from the 9/11 Commission.

The video tapes have since been destroyed. The destruction of the videos has become an issue because of White House involvement in the decision to destroy the tapes and because the videos are believed to have been destroyed because they reveal methods of torture that the Bush administration denies using.
...
Was the video evidence withheld from the 9/11 Commission because the alleged participants in the plot did not confess, did not implicate al Qaeda, and did not implicate bin Laden? ...

Friday, February 08, 2008

Violators of the U.N. Convention against Torture should be prosecuted under the principle of 'universal jurisdiction' ... to try war criminals ...

February 08, 2008 | UN Says Waterboarding Is Torture | Posted By Cernig

It doesn't get clearer than this:

The controversial interrogation technique known as waterboarding and used by the United States qualifies as torture, the U.N. human rights chief said on Friday.

"I would have no problems with describing this practice as falling under the prohibition of torture," the U.N. High Commissioner for Human Rights, Louise Arbour, told a news conference in Mexico City.

Arbour made her comment in response to a question about whether U.S. officials could be tried for the use of waterboarding that referred to CIA director Michael Hayden telling Congress on Tuesday his agency had used waterboarding on three detainees captured after the September 11 attacks.

Violators of the U.N. Convention against Torture should be prosecuted under the principle of 'universal jurisdiction' which allows countries to try accused war criminals from other nations, Arbour said.

"There are several precedents worldwide of states exercising their universal jurisdiction ... to enforce the torture convention and we can only hope that we will see more and more of these avenues of redress," Arbour said. ...

CIA admits waterboarding inmates

CIA admits waterboarding inmates | Tuesday, 5 February 2008, 22:15 GMT | BBC World

The CIA has for the first time publicly admitted using the controversial method of "waterboarding" on terror suspects.

CIA head Michael Hayden told Congress it had only been used on three people, and not for the past five years.

He said the technique had been used on high-profile al-Qaeda detainees including Khalid Sheikh Mohammed. ...

Conyers Says He's on Edge of Starting Impeachment ... "corporate power structure", he said, would not allow impeachment without unleashing "blowback."

Conyers Says He's on Edge of Starting Impeachment | Thu Feb-07-08 11:36 PM

On Thursday, Chairman John Conyers' House Judiciary Committee held a hearing at which Attorney General Michael Mukasey said that he would not investigate torture (http://afterdowningstreet.org/node/30848) or warrantless spying (http://afterdowningstreet.org/node/30850), he would not enforce contempt citations (http://afterdowningstreet.org/node/30851), and he would treat Justice Department opinions as providing immunity for crimes (http://afterdowningstreet.org/node/30855).

None of this was new, but perhaps it touched something in Conyers that had not been touched before. Following the hearing, he and two staffers met for an hour and 15 minutes with two members of Code Pink to discuss impeachment.

Conyers expressed fear of what might happen following an impeachment, fear of installing a Bush replacement or losing an election. The "corporate power structure", he said, would not allow impeachment without unleashing "blowback." Conyers told Ellen Taylor and Manijeh Saba: "You need to be more than brave and courageous. You need to be smart."

Their response? They are asking people who care about justice to help them let Conyers know that the smart thing right now would be bravery and courage. ...

George W. Bush has admitted to the criminal act that is the basis of the impeachment.

George W. Bush has admitted to the criminal act that is the basis of the impeachment. | Edited on Fri Feb-08-08 09:51 AM by kpete

Now that George Bush and Michael Hayden have publicly confessed to government waterboarding in a press conference on February 6, 2008, and in testimony before Congress on February 5, 2008, you may find the following information useful:

The law review article referenced below (available at no cost at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.p... )
makes clear that waterboarding is torture and is a crime and a war crime punishable under a number of treaties to which the United States is a party and several U.S. statutes.

The article also explains that there is no defense available due to either (1) prior legal advice, or (2) circumstances (including, without limitation, terrorist acts – see citations in Footnotes 21 and 25 in the article), contrary to the claims of Bush and Hayden.

The law review article (see pages 359 to 374) also establishes that under a number of treaties to which the United States is a party, the U.S. has an obligation to initiate an official investigation regarding confessed acts of torture. For example, the 1984 U.N. Convention Against Torture, (1465 UNTS 85), Article 12 reads as follows:

“Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (NOTE: The article also explains why “territory under its jurisdiction” includes GITMO and all DOD and CIA secret detention sites for the United States.)

The following case, among others, has held that waterboarding is torture:

In re Estate of Ferdinand E. Marcos Human Rights Litigation, 910 F. Supp. 1460, 1463 (District of Hawaii, 1995) ...