Condi and Khalid El-Masri: Perhaps We’re Not the Ones to Teach Afghans about Rule of Law?
I chuckled to myself when I read Steven Aftergood’s post on our efforts to instill rule of law in Afghanistan. Not that I don’t support the goal, mind you. But I question whether the United States is in a position anymore to be teaching others about rule of law. Consider this quote from the DOD status report on Afghanistan:
The latest survey of Afghan perceptions of the Afghan Government’s rule of law capacity shows an almost 7 percent decline in Afghans’ confidence in their government’s ability to deliver reliable formal justice. This is likely due to continued corruption and to the slow progress in hiring and placing justice professionals at the provincial level.
To begin with, we’re having our own problems with hiring and placing justice professionals.
But it’s things like this cable that make it really clear we shouldn’t be the ones to teach Afghans about rule of law. After the United States kidnapped Khalid el-Masri and sent him to the Salt Pit–which the US has insisted was under Afghan custody to avoid prosecuting Gul Rahman’s killers–he was tortured and ultimately dumped back in Macedonia. El-Masri tried to sue the CIA for his treatment, but that was of course dismissed using state secrets. And then in 2006-2007, as Germany tried to conduct its own investigation into el-Masri’s kidnapping, the US applied heavy pressure to get the Germans to withdraw warrants for the arrest of el-Masri’s kidnappers.
Which brings us to this cable.
Just as the German prosecutor issued arrest warrants for 13 CIA personnel, Condi Rice and Germany’s Foreign Minister Frank-Walter Steinmeier met in DC for a discussion of Mideast peace efforts. After they met, Steinmeier told the German press that Condi had assured him that the arrest warrants wouldn’t affect German-US relations.
Steinmeier told the Welt am Sonntag newspaper that he had raised the issue with US Secretary of State Condoleezza Rice, who “assured me there would be no negative impact on German-American relations.”
Steinmeier, whose remarks were released a day ahead of publication on Sunday, said he told Rice the warrants could only be served in Germany at present, but the government expected the court to issue international warrants at some stage.
The cable describes a February 6, 2007 meeting in which the Deputy Chief of Mission of the US Embassy in Germany, John Koenig, “corrected” the impression that Steinmeier had gotten from his meeting with Condi the week before.
In a February 6 discussion with German Deputy National Security Adviser Rolf Nikel, the DCM reiterated our strong concerns about the possible issuance of international arrest warrants in the al-Masri case. The DCM noted that the reports in the German media of the discussion on the issue between the Secretary and FM Steinmeier in Washington were not accurate, in that the media reports suggest the USG was not troubled by developments in the al-Masri case. The DCM emphasized that this was not the case and that issuance of international arrest warrants would have a negative impact on our bilateral relationship. He reminded Nikel of the repercussions to U.S.-Italian bilateral relations in the wake of a similar move by Italian authorities last year.
Koenig goes on to note that the government would have political problems in the US if the Germans issued the international arrest warrants.
The DCM pointed out that the USG would likewise have a difficult time in managing domestic political implications if international arrest warrants are issued.
Now, as Scott Horton notes, one of the most interesting things about this cable is its recipient: Condi Rice.
But the most noteworthy thing about this cable is the addressee—Condoleezza Rice. Might she and her legal advisor, John Bellinger, have had an interest in the El-Masri case that went beyond their purely professional interest in U.S.-German diplomatic relations? The decision to “snatch” El-Masri and lock him up in the “salt pit” involved the extraordinary renditions program, and it seems as a matter of routine that this would have required not only the approval of the CIA’s top echelon but also the White House-based National Security Council. It’s highly likely that Rice and Bellinger would have been involved in the decision to “snatch” and imprison El-Masri. If authority was given by Rice, then responsibility for the mistake—which might well include criminal law accountability—may also rest with her, and this fact would also not have escaped Koenig as he performed his diplomatic duties.
But it’s even better than what Horton lays out, since this was obviously a hastily called meeting in response to Steinmeier’s quotation of Condi’s assurances the warrants wouldn’t cause a problem. Note the specific language Koenig uses:
The DCM noted that the reports in the German media of the discussion on the issue between the Secretary and FM Steinmeier in Washington were not accurate, in that the media reports suggest the USG was not troubled by developments in the al-Masri case.
He’s not telling the Germans that Steinmeier was wrong, that he mis-quoted Condi. Rather, Koenig’s simply saying that the content–what Condi had said–was wrong.
I agree with Horton that Condi and John Bellinger may well have personal liability in el-Masri’s kidnapping and torture. But it appears, in addition, that Condi lied to her German counterpart to create the public appearance that the US had no concerns about the arrest warrants, and then sent her subordinate to correct that statement. That is, Condi used her counterpart to create the false impression that she, personally, had no concerns about the arrest warrants.
So to cover up a crime largely committed by the US in the Afghan’s own country, the Secretary of State appears to have lied to her counterpart, and then secretly corrected her lie.
But back to Aftergood’s post on what we have to teach the Afghans about rule of law. As he notes, a recent Congressional Research Service report on the topic mentioned a strategy document written under the leadership of Condi’s successor at State, “U.S. Strategy for Anti-Corruption in Afghanistan,” which is “not available publicly.” The report includes the four main pillars of this strategy. And the first of those?
Pillar 1: Tackle the pervasive culture of impunity and improve and expand access to the state justice sector, by increasing capacity and reducing corruption in the justice sector’s institutions;
So you see, Condi’s successor’s plan to teach the Afghans about Rule of Law starts with us telling them they need to “tackle the pervasive culture of impunity” (to say nothing about access to justice, on which we have our own problems as well).
I guess Condi isn’t the only Secretary of State saying one thing and then doing another.
Maybe we should have sent the Comey College of Rule of Law Knowledge – er Lockheed – to Afghanistan and they would be all schooled up now.
One thing the Lockheed School of Law pulled off – it seemed to work well to get Comey out of Lockheed and otherwise lucratively placed before the “other shoe” dropped on the story of the guy running his own private army with US funds. The other shoe being that he was using Lockheed contracts to funnel it all into existence. I guess after time spent at DOJ, it never occured to Lockheed’s GC that there might be anything wrong with using govt money to run a private kill crew.
EW – thanks for linking the cable. The thing that really caught my eye with it is the reference the fact that the US took some kind of retaliatory action against Italy when warrants were issued there –
Not, you know, that it was meant to be a threat or anything like that. I mean, Guido just happened to point out how the little 6 yo down the street got her legs broken when her dad wasn’t cooperative and wouldn’t it be a shame for something like that to happen to your little one – – not that he’s threatening that anything will happen, course not.
Be nice to know what those repercussions were, but since I’m just a citizen, I’m not in the need to know loop.
Another thing that is going to bite with respect to the European Human Rights case is the outright acknowledgement by Nikel that legally the warrants should be issued – but a politically corrupt decision to kowtow to US money/power political interests was likely to override German law.
. emph added
The killer, though, is that the moral midget sending the cable about how hard his crew were working to cover up for Khalid el-Masri’s kidnappers, finishes up with this:
emph added
“…saying one thing and then doing another.”
Seems to be a feature and not a bug of our Ruling Elites, whether the Executive has a D or an R behind their name.
Were I in the Afgan government, I would tell America to butt out until Pillar I was applied in America.
It also appears that the Afgan’s have as much respect for the law as we do. They get bribed by banks. They get bribed by foreign governments. They rig elections. They arrange accidents for those who disagree with them. They torture.
Boxturtle (In short, we’ve taught our Western Ways quite well)
“I don’t break the law I make the law.”
Chuck Manson
Extraordinary renditions program,means an illegal KIDNAPPING program, right ?
So what was 1939 Germany like with the war criminals strutting about boasting of their control methods ?
Glenn Greenwald links to the followingin his post today:
NYT Oversells WikiLeaks/Iranian Missiles Story; Peter Hart; FAIR; 11/29/10
curiouser and curiouser…
Marcy:
Great reporting as usual. However, I think you’ve jumped to one conclusion.
“He’s not telling the Germans that Steinmeier was wrong, that he mis-quoted Condi. Rather, Koenig’s simply saying that the content–what Condi had said–was wrong.”
The cable doesn’t say that what Condi said was wrong. It’s extremely carefully written, careful in particular not to claim any firsthand knowledge of what actually transpired in the Condi meeting, and says only that the media reports were inaccurate, i.e. that Condi and the U.S. are concerned about the El-Masri case, whereas the press reports of the meeting say she said the U.S. isn’t concerned.
As the cable is written, Condi could have said in the meeting that the U.S. is concerned about the case, but whoever leaked the contents of the meeting to the press misconstrued what Condi said in the meeting OR Condi did say the U.S. wasn’t concerned and the DCM is cleaning up after her. The latter may be more likely, but you can’t say that’s what actually happened based on the cable’s language.
Maybe. But note this was not LEAKED from the meeting. Steinmeier said it on the record, ostensibly quoting Condi directly. Now, they may be trying not to say that Steinmeier misspoke–though they don’t ask for a correction, which would seem to be protocol if Steinmeier misspoke on such an issue. But you’re right, it’s possible that Condi, a known liar, didn’t say what someone said she did.
Right you are, as usual. We all depend on you to be much more careful than my sloppy reading in this instance. Thank you for all your great work.
it’s more like the afghans are going to teach us about the end of empire.
We are becoming an international laughingstock. Well, at least we earned our increasingly disreputable reputation fairly.
laughingstock? If it weren’t for our military and the money we spread around to foreign politicians, we’d be a pariah.
Boxturtle (That, and the fact that we managed to get almost everyone to dirty their hands in this War On Terror)
Good point : )
By laughingstock I simply meant deserving of ridicule. I did not mean to suggest that anything we have done lately is remotely funny.
Every time I have the misfortune of hearing some official or another lecturing other countries about corruption, human rights, the rule of law, etc., my seethe-o-meter goes right off scale. It is so egregiously offensive that I can hardly stand it. So I mock them as the corrupt lying two-faced murderous weasels that they are. In short ridicule.
The world could do with a good deal more of it. Humiliation sometimes succeeds where other tactics fail to force politicians to behave better.
Condi and the others do what they must to save America their asses.
El Pais today tells a story of how the US embassy repeatedly intervened on Spanish prosecutions. They intervened with the Spanish attorney general and state prosecutors’ offices to quelch investigations by judges like Garzon. This includes the El Masri case, in play there because the rendition flight presumably stopped over in Palma. Also the death of Spanish cameraman Jose Couso in Iraq.
We knew much of this, but it’s nice to see the names and hear them say with their own words re handling the cases “discretamente de Gobierno a Gobierno” (informe “confidencial” del 1 de febrero de 2007).”
The article is only in Spanish, but I think one can get the drift from the quote above.
H/T Daphne Eviatar
babelfish does a decent job of translating the page.
linky
It appears as though despite outward calm, ObamaLLP and BushCo were really worried about foreign prosecutions.
Boxturtle (Pause to visualize Bush and Cheney and their lawyers perpwalked across the tarmac at The Hague)
I still remember waaaaaaaaaaaaaay back when, as some of the torture flight info was very first coming out, there was a pretty public exchange between Spain and the US embassy there, where the Ambassador flat out swore that no plane that actually had a person in it ever landed in Spain, just empty flights. He gave the absolute utmost diplomatic assurances.
According to my very limited Spanish it looks like they interfered in Baltazar Garzon’s investigation
Paraphrasing …
and
Paraphrasing …
I pretty sure they’re alluding to Garzon’s investigation here
Paraphrasing …
There’s more there that I’ll have to catch up on later. Gotta step out for a minute
Thanks Jeff
No wonder the powers that be saw to it that Garzón was investigated, indicted, and suspended from his judgeship on some pretty fishy-looking technicalities.
Yeah, EmptyWheel, I think there was something once said about a beam, a mote, an eye … well, something like that anyway.
“…strong concerns about the issuance of arrest warrants in the al-Masri case.”
Note the spelling of the name here. The arrest warrants were related to the El-Masri case, the one supposedly based upon a case of mistaken identity. Still, the government officials seemed not to have realized their doggedness in the face of facts.
I came across this relevant paragraph today:
“If the universal empire abates its drive for total sovereignty (as must be acknowledged when reaching its limits), it does not retreat from its claims to superiority or acknowledge the rights of others. Upholding the ideal of cosmic order, the higher right derived from overwhelming greatness, it admits no legitimate dissent, but stands for a single law, which is its law. There is right, as Thucydides pointed out, only between equals; the universal empire acknowledges no international law as restricting its sovereignty; whatever it finds fitting for itself is just.” –Robert Wesson in “The Imperial Order”
I came across this relevant paragraph today:
“If the universal empire abates its drive for total
sovereigntySpectrum Dominance (as must be acknowledged when reaching its limits), it does not retreat from its claims to superiority or acknowledge the rights of others. Upholding the ideal of cosmic order, the higher right derived from overwhelming greatness, it admits no legitimate dissent, but stands for a single law, which is its law. There is right, as Thucydides pointed out, only between equals; the universal empire acknowledges no international law as restricting its sovereignty; whatever it finds fitting for itself is just.” –Robert Wesson in “The Imperial Order”Wasn’t that a cheney or rumsfeld quote ?
This is interesting, but Condi reported to the White House. The suggestion she’s responsible for the torture policy and other abuses of human rights assumes she made it herself. That’s an unlikely contingency. She may have supported such policies but the matter of rule of law is one the policy makers themselves have to address. The current White House have followed in lockstep these policies and furthered them. That’s worth noting, as well, in this context.
Not exactly.
The sales pitch on the kidnap to torture programs was that they were supposedly rare and was only authorized vis a vis National Security Council approval – at least, the upgraded/degraded Nat Sec C that they put together that excluded Powell as Sec of State.
Per our torture treaties, typically you would have had to go to the Sec of State to transport someone to a nationstate known to engage in torture, like Egypt and Syria and some of our other torture destinations. The Sec of State is supposed to make sure there are assurances in place that no one transferred there will be abused. Later, that became Condi’s job – but while it was Powell’s they ran a special subset of the Nat Sec Council that excluded the Sec of State and his counsel, Taft, to make the torture shipment determinations.
So either you buy their spiel that no one was rendered without Nat Sec Council being advised and authorizing it – in which case she was in the loop and Bellinger, as her counsel both as NSAdvisor and at State was in the loop on torture; or you ask them why they lied about renditions needing to be authorized by anyone other than a CIA analyst who took pleasure trips to watch guys being waterboarded.
CIA used forged UK passports in kidnapping El-Masri. CIA ‘used fake British passports’ in kidnap operation.
Mossad aren’t the only guys that pull this stuff.
That’ll put the Brits in a tough spot. Do they treat America like they’re treating Israel or will they change directions and treat Israel like they will America?
My bet is that this’ll get buried for 50 years, right beside the David Kelly “suicide” paperwork.
Boxturtle (In 2060, the Brits will demand an apology from whomever is CEO at the tme)
OT – A July 9, 2008 Wikileaks cable from the Ottawa Embassy about a July 2, 2008 meeting between the US and the head of the Canadian Security Intelligence Service (CSIS) who expressed disdain for the Canadian judiciary and Canadian public which I’m sure will come as no surpise to Skdadl and company:
Avast Ye, Scallywags! More Wikileaks cables this time one from February 12, 2008 via the NYT on Blackwater pirate hunting off the coast of Somalia:
(My Bold)
If Blackwater isn’t going to take any pirates into custody, does that mean Blackwater is going to keelhaul them or just have them walk the fockin’ plank?
Mark Mazzeti of the NYT on Blackwater’s
pleasure cruisepirate-hunting jaunt:http://news.yahoo.com/s/ap/20101130/ap_on_re_us/us_soldier_taliban_shot
So a US soldier shoots a “Taliban leader” sleeping in a jail cell, just because. The soldier might have mental issues or other problems – or might not (at least he didn’t spend a week beating and suffocating the *detainee* in a sleeping bag while beating his kidnapped children and staging their mock executions before killing him). But the end of the story is what makes me shake my head even more.
Thanks JIS. It’s good to know that Eric Holder’s on the job. I saw him just yesterday, affirming that people who broke the law (you know, the law about how its illegal to tell on kidnappers, torturers and killers) would face consequences.
He was known as “Number 3”.
Or more formally, Guy Wearing a Casio Watch and Dark Clothes Number 33,333.
Related: Forbes interview with Assange.
This Lawrence Wilkerson interview link about Wiki Leaks was posted on Morning Swim.
It is a must see.
My son and I did a listing of all the content from the WikiLeaks dump that fell under “ripe for a disinformation campaign” vs. “real info” being revealed for an end goal of justice.
Our list fell heavy on the “disinformation/psych-ops” side and light on the “end goal of justice” side.
Wilkerson sounds like he agrees.
Absolutely great interview. Closing comment is a keeper.
My son also noted that this “distraction” comes at an interesting time… foreclosure fraud needing to be confronted, the possible new “stick it to the people on health care” and the Cat Food Commission denying benefits.
He noted how similar all that is going on is so similar to Italy and Mussolini’s efforts to create confusion and distraction and then become the “solution” creating the path to fascism.
My son’s closing words, “Threatening basic rights and needs is the work of evil. Trying to hide such threats with confusion and distractions is beyond evil and it is clearly a plan.”
http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=5949
Apparently a cable(s) re: the embassy’s take on the impact of the Aafia Siddiqui verdict are in the release bunch
http://www.guardian.co.uk/world/us-embassy-cables-documents/248613
No mention, even in the cables, of the hot button topic of her children, or her daughter/maybe maybenot daughter, showing up.
While a lot of this info was on this site without need to get to an embassy cable ;) it’s nice to know they were passing on the info. Apparently they still weren’t bothering with info re: her children – one of the major issues that makes the topic so volatile there. That’s what we pay the Exec branch and media for – ignoring the elephants in the room. Not everyone can do it so well.
Anyway- this bit is highlighted in yellow by THe Guardian.
If you pull up the link (it’s hosted by The Guardian) take a look at the (C) paragraph – 2. Not because it has anything much new or interesting, but bc it basically takes news reports in Pak and on the web and HRCP speculation that has been out there already. But it’s the paragraph that talks about the Pakistani belief that the FBI and USG was involved in her detention. Interesting, that widely published info somehow becomes “classified” in a cable. And that would be because? Obviously – not because it’s been widely published – so why is it classified in the cable? Because it touches on info that is classified?
Links to other related cables – I’m not sure I buy The Guardian’s take on them, though.
Bagram officials deny detaining
http://www.guardian.co.uk/world/us-embassy-cables-documents/164310?intcmp=239
Embassy denies knowledge of children
http://www.guardian.co.uk/world/us-embassy-cables-documents/175741?intcmp=239
Story, plus some links to other cables
http://www.guardian.co.uk/world/2010/dec/01/wikileaks-cables-mystery-aafia-siddiqui
One thing of note in this cable that the Guardian story treats as evidence that the US maybe didn’t really know much
http://www.guardian.co.uk/world/us-embassy-cables-documents/164310?intcmp=239
(this is the cable that gets this heading “US embassy cables: Bagram officials deny detaining Aafia Siddiqui”) is the timeline.
I’ve pointed this out before, but the cable makes it really clear.
July 31 of 2008, the embassy is sending out cables about these kinds of things going on in Pakistani courts:
emph added
The context of this is that it was about a week later that lo and behold – Siddiqui shows up on the radar in Afghanistan and everyone falls all over themselves to put the story out on Aug 4 about her “arrest” and the fact that she was in Afghanistan for her shootouts in mid July. Before the Habeas Petition was filed. So no one in Pakistan has to show up and testify about her.
As of the July 31 cable “Bagram” does have custody of Siddiqui, according the story the US puts out in August. While the embassy is sending its cable, the US military and FBI supposedly DO have custody of Siddiqui in Afghanistan. That’s the whole basis of her charge in August – her actions while in US custody in Afghanistan in MID-July. So the US is letting the habeas petition play out while they are secretly holding her, until they realize that the High Court is getting ready to make Ministers testify about her – then she gets pulled out of the wool in August.
So while all that interested me – what the Guardian is highlighting is this:
That’s pretty priceless. A cable that “Bagram officials” (who the US is going to later concede have her on the very date of the cable, and have her shot up to boot) are giving assurances “that they have not been holding Siddiqui for the last four years, as has been alleged.”
But no word of having her right then and there. Uh huh – that makes all the innocent protestations that much more believable. Right.
This just goes to prove that suitcases full of cash can’t buy “Rule of Law”…or, er, on second thought, maybe it can if we just send more suitcase of cash to sort out the problem. Yeah, yeah, that’s got to work!