Second Court allows another Rumsfeld torture case to go forward.

The 7th U.S. Circuit Court of Appeals in Chicago has rendered a ruling in Rumsfeld’s attempt to dismiss the case based on immunity. The court has rejected the argument and nobody should be surprised that torture apologist David Rivkin is firing back by insulting the judges themselves. “Having judges second-guess the decisions made by the armed forces halfway around the world is no way to wage a war. It saps the effectiveness of the military, puts American soldiers at risk, and shackles federal officials who have a constitutional duty to protect America.”

U.S. Circuit Judge David Hamilton wrote the opinion.

Second, we agree with the district court that Secretary Rumsfeld is not entitled to qualified immunity on the pleadings. The law was clearly established in 2006 that the treatment plaintiffs have alleged was unconstitutional. No reasonable public official could have believed otherwise.

The plaintiff in this case is filed as John Doe. John Doe was sent to Iraq in as an Arabic-English interpreter with a marine corp’s intel unit in December 2004. In less than a year he was arrested without charge and thrown in solitary confinement blindfolded and handcuffed. He was in solitary for 72 hours then transported to Camp Cropper before being tortured some more. He was released 9 months later. He filed suit in 2008.

The court decision comes on the heels of a ruling by Federal Court in the case of Donald Vance and Nathan Ertel. Vance and Ertel are suing for torture committed upon them when they worked for Shield Group Security, U.S. hired contractor.

A report from RussiaToday

Another report worth watching

Rumsfeld is accused of approving torture methods that included sleep deprivation, walling, extended standing, and other violations of Army Field Manual, domestic law, and foreign treaties regarding the treatment of prisoners. The expressed outrage by officials days into the Iraq war about the treatment of captured chopper pilots shows they had a low bar for tolerance in abuse of American prisoners of war but no compunction for the abuses we know happened. Repeatedly, they’ve used the ‘bad apples’ spin.

These suits work to destroy the bad apples narrative. Attorney Mike Kanovitz said, the court had to choose between “protecting the most fundamental rights of American citizens in the difficult context of a war or leaving those rights solely in the hands of politicians and the military. It was not an easy choice for the Court to make, but it was the brave and right choice.”

The state department hasn’t responded but torture apologist and broken message maker David Rivkin resumed his same old attacks and claimed the decision would be overturned.

We’ll keep you posted on Donald Rumsfeld and his torture apologist attorney, David Rivkin.

U.S. seeks to contain ‘top secret’ evidence in Mehanna trial

Laurel Sweet of the Boston Herald has just published a report on the DOJ’s use of state secrets arguments in prosecuting Tarek Mehanna.

U.S. Attorney General Eric Holder Jr. is beseeching a federal judge in Boston not to release to an accused Sudbury terrorist’s lawyers the evidence prosecutors that have amassed against him under the Foreign Intelligence Surveillance Act, warning the disclosure of “top secret” materials could “cause exceptionally grave damage to the national security of the United States.”

Such lawyers are able to examine evidence without divulging contents to the accused. This argument has become typical of the DOJ for the past several years.

Holder asserted in a sworn claim of executive privilege filed with U.S. District Court Judge George O’Toole Jr. in the case of Tarek Mehanna, “The FISA materials contain sensitive and classified information concerning United States intelligence sources and methods and other information related to efforts of the United States to conduct counterterrorism investigations.”

This argument has been used back since the civil war as spies for the North couldn’t get recognized for compensation while the government simply turned a blind eye to them. It is a specious argument.

“We don’t even know what the (FISA) evidence is,” Mehanna’s attorney Janice Bassil said yesterday, adding Holder’s attempt to withhold the government’s evidence from electronic surveillance and physical searches was not unexpected.

“In these cases, where there are accusations of terrorism, civil liberties and constitutional rights kind of go out the window,” she said. “They are not clearly recognized and are often ignored.”

Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1353939

HRW: Obama broke law not prosecuting Bush & Cheney

Human Rights Watch has stated its position on the Obama Administration’s lack of justice in the cases of Richard Bruce Cheney and George Walker Bush for war crimes and authorizing war crimes

Terror suspects spill more ‘high value’ intelligence

July 24, 2003, 10:54PM
Terror suspects spill more ‘high value’ intelligence
Detainees are offered rewards in exchange for information

Associated Press GUANTANAMO BAY NAVAL BASE, Cuba — Terrorist suspects have become more compliant and are offering many more important intelligence tips, said the U.S. Army general who commands the prison where preparations are under way for military tribunals.

Maj. Gen. Geoffrey D. Miller said that three-fourths of the 660 or so detainees have confessed to some involvement in terrorism. Many have turned on former friends and colleagues, he added.

Miller said detainees are giving up information in “incentive-based interrogations.” Rewards include more recreation time, extra food rations to keep in their cells, or a move to the prison’s medium-security facility.

“We have a large number of detainees who have been very cooperative describing their actions, either terrorist actions or in support of terrorism — more than 75 percent” of them, Miller said in an interview Wednesday.

Some tips have led to more arrests, others revealed terrorist recruiting techniques, he said.

“In February we were able to get 35 `high value’ — the highest value — intelligence (pieces). … In June we had more than 225,” Miller said.

The prisoners’ statements, which Miller said have been verbal, could be used as evidence before the secret tribunals, unlike in the United States.

The prison’s location at this U.S. naval base at the eastern end of Cuba puts the detainees out of the jurisdiction of U.S. courts and constitutional protections, a situation that has been criticized by human rights groups as a violation of the detainees’ rights.

The prisoners are all suspected of ties to the al-Qaida terrorist network or Afghanistan’s ousted Taliban regime.