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The Strange Case of Hiwa Abdul Rahman Rashul (Part 2)

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WilliamOckham
In part 1, I laid out the facts surrounding the detention and illegal transfer of Hiwa Abdul Rahman Rashul. In this post, I want to demonstrate why this case matters. There is a pattern to the Bush/Cheney Administration's illegal usurpation of executive power. Because the pattern broke down in this case, the strategy behind that power grab is laid bare. The struggle within the administration over the disposition of Rashul and the way it was resolved helps to illuminate the true nature of the current regime. Perhaps it leaves an opening to unravel the authoritarian infrastructure that has been built within our country in the last eight years.
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FISA Redux Again: The Slippery Slope Leads Down A Rabbit Hole

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bmaz
Five days ago, in the post we discussed the new set of domestic spying protocols that the Bush Administration is determined to entrench into law and practice before leaving office, and learned that Attorney General Mukasey would release new guidelines within weeks to streamline and unify FBI investigations of criminal law enforcement matters and national security threats. Well, that didn't take long; they're here, and it is a chilling grab by the Bush Administration of unheard of domestic police state powers, emasculating the Constitution in the process.

Rolls Royce And The Incomparable Imperialists

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bmaz
Judge Royce Lamberth has had the guts and determined conviction to to make tough, fair and necessary rulings that question authority and stand up to big government and behind the common citizen. Today, he does it again by calling the Bush Administration out for their bad faith delay and obstruction actions in dealing with the Habeas Corpus applications of the Guantanamo detainees filed pursuant to the Boumediene decision recently issued by the Supreme Court. In other news, the Bush Administration has shown once again why they are the polar opposite of Lamberth by enacting yet more police state surveillance modalities.

Sprinting To Teh Finish: Missing Email Edition

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bmaz
The White House is missing as many as 225 days of e-mail dating back to 2003 and there is little if any likelihood a recovery effort will be completed by the time the Bush administration leaves office. And the nation yawns. Who could have predicted such mendacious obstructionistic bunk from the Bush/Cheney Administration? If the DC District Court can hold Toni Locy in contempt, I wonder if perhaps they can find some maximum hurt contempt provisions for a few of the White House Mafiosi too?
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The Gitmo Shrinks Find Their Super Ego And Cowboy Up

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bmaz
As several of you have noted, there has been a rather significant event at the Gitmo Show Trials. Lt. Colonel Diane M. Zierhoffer, a US Army psychologist who ordered the illegal torture of a juvenile, Mohammad Jawad, invoked her right not to incriminate herself and refused to testify in the case of Mohammad Jawad.
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The Strange Case of Hiwa Abdul Rahman Rashul (Part 1)

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WilliamOckham
In June 2004, Hiwa Abdul Rahman Rashul had his 15 minutes of fame when Secretary of Defense Donald Rumsfeld answered questions at a press conference about the detainee known to American soldiers only as Triple X, the first ghost detainee transferred from CIA custody to the U.S. military. Rashul was suspected of being a member of Ansar al-Islam, a violent Kurdish Sunni Islamist movement opposed to the dominant Kurdish groups of northeastern Iraq. The real story of Hiwa Abdul Rahman Rashul wasn't his terrorist past or his time as a ghost detainee of the DOD, but his treatment by the CIA in between.
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The Bates Decision: A Question Unasked And Unanswered

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bmaz
First off, a mea culpa. I thought Judge Bates would mostly refuse to get involved in the contempt issue at this point, which he easily could have done. I was wrong. That said, the dark hats of Miers, Bolten and Bushco predictably want to delay until the next of never on the appeal. But the white hats of Conyers' House Judiciary Committee have a response to that. And there is another facet to this equation that has been bugging me. Despite how good Bates' decision is, why did it not address the refusal by the DOJ to prosecute a duly constituted and valid on it's face contempt citation referred by the United States Congress?
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FISA Redux: The Slippery Slope Becomes A Mine Shaft

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bmaz
The FISA pigeons have come home to foul the roost. The passage of the FISA Amendments Act was a designed gutting of the 4th Amendment, and now what was left of the body of American's right to individual privacy is bleeding out. The Bush/Cheney Justice Department has proposed new domestic spying measures that build upon the already enacted broad surveillance powers to form essentially a complete police state.

Sticky Fingers McCain Does It Again

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bmaz
John McCain is an angry, mercurial, petulant and self serving man that believes that John McCain is entitled to say, do or take whatever John McCain wants and John McCain needs. That doesn't sit real well with Jackson Browne, who is suing McCain for stealing his music. When McCain gets furious, veins start bulging in his neck and he turns red with anger. He won't ever be Jackson's friend, but lets hope that Browne causes another patented redneck explosion.

Road Trip: Democratic National Convention Edition

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emptywheel
emptywheel sets off for the Convention and to see Lake Superior and Mt. Rushmore along the way.

Maher Arar Gets A(nother) Day in Court

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emptywheel
The 2nd Circuit Court of Appeals has decided to rehear Maher Arar's lawsuit against the government for sending him to Syria to be tortured.

Shorter WaPo: The Anthrax Case Sux

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emptywheel
The FBI's explanation for when and how Bruce Ivins drove to Princeton to mail the anthrax continues to "evolve"--and even still, they can't come up with evidence that puts him in NJ.

Did Karl Rove Chat to Saakashvili about South Ossetia Too?

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emptywheel
The White House has started to panic over a July 9 meeting between Condi Rice and Mikheil Saakashvili, desperate to suggest they didn't encourage Georgia's crack-down in South Ossetia. Given that panic, I wonder whether Karl Rove had any similar chats with Saakashvili when they were in Yalta together just days later?

No One Could Have Predicted, Republic of Georgia, the Follow-Up

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emptywheel
Surprise! Condi Rice is now claiming "no one could have predicted" Georgia would incite the Russians. Surprise! Journalists still treat the claim credibly.

Once Again, the Federal Government Uses Valerie to Screw Joe

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emptywheel
That the Appeals Court threw out the Wilsons' suit is not surprising. That the logic in Sentelle's opinion is so crappy and ignorant is. It basically argues that because Valerie Wilson has no recourse to the Privacy Act wrt Cheney and Libby and Rove, those thugs can violated Joe Wilson's First and Fifth Amendment rights too!

I Hate to Say I Told You So...

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emptywheel
The Bush Administration has known well how to avoid punishment for Hatch Act violations: simply to have those who commit those violations to quit. Therefore, it should be no surprise that Mukasey has announced Goodling and her friends will avoid any charges for their violations.

"No One Could Have Predicted," Republic of Georgia Edition

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emptywheel
Was the Administration really surprised by the Georgian incitement of Russia in South Ossetia? Or were they more surprised that Russia didn't fulfill an apparent agreement about their inevitable response?

Okay, the Cookies Were Stupid and Silly, But Plagiarizing Your Foreign Policy Too?

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emptywheel
For the third time this campaign season, McCain has gotten caught stealing his campaign materials. This time, though, the source was particularly pathetic: McCain stole content for his speech on Georgia from Wikipedia.

John Yoo: "It Sucks to Have Judges Protecting the Constitution"

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emptywheel
John Yoo claims the Supreme Court has never before protected the Constitution.
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