Pat Tillman's Super Bowl

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When the Arizona Cardinals take the field tomorrow, the most famous Cardinal will not be with them. 

I speak, of course, of Corporal Pat Tillman, who left the NFL after 9/11 to serve in the Army Rangers. Tillman was killed by friendly fire in Afghanistan on April 22, 2004. For months after his death, he was used as a propaganda tool to glorify Bush’s failed wars. The exposure of the truth behind Tillman’s death has since turned him into a symbol of the duplicity of the Bush Administration, the fight for the truth, and the futility of the war itself.

Shortly after his death, the Bush Administration (already campaigning for the 04 election) pointed to his sacrifice. Karl Rove waxed, "How does our country continue to produce men and women like this." On May 1, 2004, Bush again focused on Tillman’s sacrifice in a speech at the White House Correspondent’s dinner.

The loss of Army Corporal Pat Tillman last week in Afghanistan brought home the sorrow that comes with every loss, and reminds us of the character of the men and women who serve on our behalf. Friends say that this young man saw the images of September the 11th, and seeing that evil, he felt called to defend America. He set aside a career in athletics and many things the world counts important: wealth and security and the acclaim of the crowds. He chose, instead, the rigors of Ranger training and the fellowship of soldiers and the hard duty in Afghanistan and Iraq.

Corporate [sic*] Tillman asked for no special attention. He was modest because he knew there were many like him, making their own sacrifices. They fill the ranks of the Armed Forces. Every day, somewhere, they do brave and good things without notice. Their courage is usually seen only by their comrades, by those who long to be free, and by the enemy. They’re willing to give up their lives, and when one is lost, a whole world of hopes and possibilities is lost with them.

This evening, we think of the families who grieve, and the families that wait on a loved one’s safe return. We count ourselves lucky that this new generation of Americans is as brave and decent as any before it. (Applause.) Read more →

Iraq War Memos Released: Working Thread

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McClatchy’s Marisa Taylor has gotten a hold of three more Yoo memos–and one Jack Goldsmith memo–that reveal the Administration’s thinking on the Iraq War.

They are:

October 23, 2002: Bush has authority to declare war against Iraq because his Daddy did

November 8, 2002: UN 1441 doesn’t prevent Bush from going to war outside the terms of 1441

December 7, 2002: If Scooter Libby claims the Iraqis lied on their WMD declaration, Bush can declare war

March 18, 2004: If the US ships Iraqis outside of Iraq, then they can torture them [Jack Goldsmith’s opinion]

I’m most interested in the December 2002 memo, because it seems to have shaped the roll-out of propaganda directed against Iraq–up to and including John Bolton’s use of the Niger claim in a State Department release on Iraq’s declaration. Basically, they seem to have gotten the legal opinion, then tailored their propagana to the terms of the legal opinion.

But I guarantee you, Mary is going to have some things to say about the Goldsmith memo, which she has been keeping an eye out for for some time.

Consider this a working thread.

Update: Come to think of it, the October 23, 2002 opinion is pretty funky. As it points out, it came not long after Congress approved the Iraq War resolution.

You asked us to render an opinion based on the constitutional and other legal authorities that would exist in the absence of new authorization from either Congress or the United Nations ("U.N .") Security Council. We note that on October 16, 2002, the President signed into law the Authorization for Use of MiIitary Force Against Iraq Resolution of 2002, HJ. Res. 114, Pub. L No. 107-243,116 Stat. 1498 (2oo2),which authorizes the President to use force against Iraq to enforce relevant U.N. Security Council resolutions regarding Iraq and to defend the national security of the United States from the threat posed by Iraq. We have not considered here the legal effect of that resolution. As this memorandum makes clear, even prior to the adoption HJ. Res. 114 the President had sufficient constitutional and statutory authority to use force against Iraq. We also note that negotiations are ongoing in the U.N. Security Council on a
new resolution regarding Iraq, but we do not address any of the proposed terms here.

It’s as if, at each stage of the process, Bush got Yoo to say he could do what he wanted regardless of the machinations in Congress and the UN, so he could claim he didn’t need that authorization. (Shades of Daddy, here.) And, of course, they eventually probably relied on that authority when they went to war without a new resolution.

I wonder whether Colin Powell knew about these opinions?

Read more →

Shinseki: No Trial Balloons

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Athenae, always the wordsmith, captures the beauty of the Eric Shinseki pick to lead Veterans Affairs.

Obama To Bush

"How would you like to SUCK MY BALLS?"

Spencer, writing with the seriousness and respect Shinseki deserves, has more.

To say this is an inspired choice underscores its magnitude. Shinseki’s personal courage and virtue are close to unparalleled in the current generation of general officers. He knows the sacrifices of war personally, as he left part of his right foot in Vietnam. The new generation of Iraq and Afghanistan veterans — already underserved by the country that sent them to war — can know that he has their backs. After all, before the war began, he all but ended his career (Rumsfeld had announced his successor months before after they feuded over the Crusader artillery system) by telling Congress that the indefinite occupation of Iraq would require hundreds of thousands of troops to keep the peace, far beyond the antiseptic and now-discredited estimates of the Bush administration. At his retirement ceremony, Shinseki gave a prescient and impassioned speech imploring the Pentagon to "beware a 12-division strategy for a 10-division Army."

Last year, an exemplary soldier named Paul Yingling wrote a scathing essay indicting the generals who acquiesced to the Bush administration’s inadequate plans for the occupation. It was titled "A Failure in Generalship." Yingling accused the current generation of generals of cowardice, egotism, careerism and dereliction of duty, putting self-interested deference to the administration before integrity, intellectual honesty and service to both the frontline soldier, sailor, airman and marine and the country itself. Ric Shinseki was the man who stood against this unfortunate trend, and he paid for his integrity with his career. To see him vindicated is to witness a proud moment in American history.

But there’s one more point I’d like to make. 

Perhaps it’s because I’m not tied into veterans circles (so it may be that I’ve just missed it), but this is the first major nomination Obama has made for which he hasn’t first sent out a trial balloon: Chief of Staff, Treasury, State, DNI, even Commerce. Even at AG, DHS, and NSA, there were public discussions about who he would pick ahead of time. 

This time around, the news didn’t get out until the Saturday evening before Obama went on MTP to announce it, at a time when the choice was already made. 

That does two things. Read more →

Surprise Surprise: “Laptop of Death” a Possible Forgery

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Almost four years ago today, Colin Powell presented some dodgy intelligence suggesting Iran was pursuing nuclear weapons. Powell’s announcement had all the trappings of Bush propaganda: sketchy exiles, the pre-emption of IAEA counter-evidence, technical specs that make a known civilian application look like a nuclear weapon, and, of course, Powell himself.

Does it surprise you to learn, via Juan Cole, that that intelligence may well have been forged?

The International Atomic Energy Agency (IAEA) has obtained evidence suggesting that documents which have been described as technical studies for a secret Iranian nuclear weapons-related research program may have been fabricated.

The documents in question were acquired by U.S. intelligence in 2004 from a still unknown source — most of them in the form of electronic files allegedly stolen from a laptop computer belonging to an Iranian researcher. The US has based much of its push for sanctions against Iran on these documents.

Nope, it doesn’t surprise me either.

Still, even though none of us are surprised, don’t you think it’d be a good idea to figure out who forged all the evidence tailored to get the US involved in wars in the Middle East? Before Dick Cheney absconds with the evidence?

Another 16 Words: Boumediene Bites Bush Again

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images3.thumbnail.jpegLaura Rozen rocks, and today she rolls up more jaw dropping malevolence and fraud on the part of the Bush/Cheney Administration.

A potentially explosive new court filing by the lawyers for Lakhdar Boumediene and five other Guantanamo detainees suggests that the Bush administration ordered the Bosnian government to arrest and hold the men after an exhaustive Bosnian investigation had found them innocent of any terrorism related activity and had ordered their release, in order to use them as props in Bush’s January 2002 State of the Union speech.

The filing–"Lakhdar Boumediene, et al., Petitioners, v. George W. Bush, President of the United States, et al., Respondents, Petitioners’ Public Traverse to the Government’s Return to the Petition for Habeas Corpus"–lays out the case that the Bush administration threatened at the highest levels to withdraw diplomatic and military aid to the Balkan nation if Bosnia released the men, which its own three-month investigation had found innocent of any terrorism charges in the days leading up to Bush’s January 2002 State of the Union.

Faced with the threats of the withdrawal of aid and that if it released the men, the White House would order NATO troops to detain them, Bosnia transferred the men under duress to the custody of the US government in January 2002. Ten days later, Bush used sixteen words to warn Americans that, in "cooperation" with the Bosnian government, it had captured terrorists who had planned to bomb the US embassy in Sarajevo: "Our soldiers, working with the Bosnian government, seized terrorists who were plotting to bomb our embassy," Bush told the nation.

But, six years later, the detainees’ petition says, after the US Supreme Court has sided with the detainees and ordered the US to give the detainees habeas corpus rights, the Bush administration has failed to repeat the embassy plot charges that Bush used in his State of the Union address, or to produce credible evidence of why the men should be held as enemy combatants.

It is hard to be shocked by these kind of revelations anymore, there has been so much criminal depravity on the part of the Bush/Cheney crew in relation to their torture and sadistic gulag detention programs that it just dulls the senses after a while. And it is not like we didn’t know that the case against Lakhdar Boumediene was bogus; that was evident from the prior litigation that led to the original Supreme Court Boumediene decision. The pleading containing the new allegations is here (pdf). For those of you perplexed by the title of the pleading, a "traverse" pleading is nothing more than a somewhat archaic term for a reply pleading.

The revelation that Boumediene has been, from the outset, about yet another 16 word intentional lie to the American public, and indeed the world, in the hallowed State of the Union Speech, in order to fraudulently gin up the basis for an illegal and immoral war of aggression, is heart stopping and hard to stomach. Read more →

Meet the Bloggers: Pitchforks and Congressional Hearings

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Watch Meet the Bloggers

I just finished taping tomorrow’s edition of Meet the Bloggers, which shows at 1PM ET. John Cusack was on to talk about the DVD release of his movie, War Inc. We talked some about Congressional hearings–both regarding war profiteering and regarding finance companies who use their bailout money to send executives on a boondoggle.

Which got me thinking … There’s been some righteous anger directed at all the fat-cats on Wall Street since the bailout, though less so directed at the folks getting rich off our war of choice in Iraq. 

How do we capitalize and focus that righteous anger?

Now that people are so fed up, how do we channel it into a positive application of pitchforks and prevent it from becoming really ugly?

The Devil Went Down To Georgia

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Well, okay, it was Dick Cheney. Close enough. From The Los Angeles Times:

Appearing alongside beleaguered Georgian President Mikheil Saakashvili, Vice President Dick Cheney on Thursday criticized Russia’s conduct in its short war with Georgia and pledged to continue American support for reconstruction and humanitarian aid.
…
Cheney’s remarks probably will further inflame Moscow, where officials have railed against the United States’ alliances with the former Soviet states. This week, President Dmitry Medvedev said bluntly that Moscow expected to maintain a "privileged" sphere of influence in the region of the former Soviet Union.

However, U.S. officials Thursday brushed off criticism that the White House is deliberately approaching the brink of confrontation with Russia.

"The United States is not trying to paint Russia as an enemy," said Robert A. Wood, a State Department spokesman. "We’re very concerned about its behavior and what that means for the future of the U.S.-Russia relationship. We’re looking at all aspects of our relationship with Russia, in terms of how we go forward."

Russian officials also have been dismayed by the apparent staying power of Saakashvili, often referred to in Moscow as a "war criminal" for launching the military operation in early August in the breakaway province of South Ossetia. Russia responded by sending in troops to defend the pro-Russian enclave, which broke with Georgia’s government more than a decade ago. The fighting ended with Russia continuing to occupy parts of Georgia proper to enforce the separation from South Ossetia and another breakaway region, Abkhazia.

Russian Foreign Minister Sergei Lavrov said this week that the world should impose an arms embargo on Georgia until Saakashvili is out of power.

Georgian officials have said the United States will help rebuild the country’s crushed military. But that was not directly affirmed during Cheney’s visit, which came a day after President Bush said the U.S. would provide up to $1 billion in nonmilitary assistance.

The whole Georgia/Russia war in, and over, the South Ossetia and Abkhazia regions in the Caucasus seems somewhat surreal. In spite of the critical nature of what happened, and continues to happen there, there has been a paucity of credible reporting in the United States. What are still the two nuclear superpowers in the world, and a clear step toward cold war renewal, were all involved as were, of course, the people who actually live in those areas. Some of them are no longer living; and, yet, we still don’t know who the true aggressor was. And, strangely, the American educated, Cheney confidante, Georgian President Saakashvili was literally plastered on American television during the entire conflict in an unprecedented manner for a foreign leader. While there may be slight confusion over who started the Georgia-Russian war; we do know who ended it, the Russians handed the Georgians their own rear ends.

Juan Cole relates:

All sides have committed massacres and behaved abominably. There are no clean hands involved, notwithstanding the strong support for Georgia visible in the press of most NATO member countries. (Georgia has been jockeying to join NATO, something Moscow stridently opposes.) Still, not everyone in NATO agrees that Saakashvili is a hero. While traveling with the negotiating team of President Nicolas Sarkozy, one French official observed that "Saakashvili was crazy enough to go in the middle of the night and bomb a city" in South Ossetia. The consequence of Russia’s riposte, he said, is "a Georgia attacked, pulverized, through its own fault."

Far as I can determine, that is about right. Tiny Georgia made a gutsy, and monumentally ill advised, move on South Ossetia, an area that wanted independence and that was under the protective eye of Russia. Despite initial heavy losses, Georgia did not back off, and Russia rolled over them until there was basically no way for Georgia to continue fighting.

Read more →

Bush Re-Ups War, Obstructs Accountability As Nation Twitters Over Palin

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The country and the progressive blogosphere have long been suckers for Cheney/Rovian shiny object distractions. I am afraid that is happening as we speak. First off (and i will come back to this later in a separate post) all of the heat, passion an unity that was generated and consolidated by Los Dos Clintonos, Al Gore and then, mightily and masterfully, Barack Obama, is being dissipated by the wind of fixation on Sarah Palin.

But more importantly, critical and substantive things are going on that we need to be paying attention to. Eric Lichtblau in the NYT reminds us of a huge one this morning:

Tucked deep into a recent proposal from the Bush administration is a provision that has received almost no public attention, yet in many ways captures one of President Bush’s defining legacies: an affirmation that the United States is still at war with Al Qaeda.
…
The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantánamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say.
…
The proposal is also the latest step that the administration, in its waning months, has taken to make permanent important aspects of its “long war” against terrorism. From a new wiretapping law approved by Congress to a rewriting of intelligence procedures and F.B.I. investigative techniques, the administration is moving to institutionalize by law, regulation or order a wide variety of antiterrorism tactics. (Emphasis added)

In all the flurry and bustle of the conventions and Palin, not to mention back to school and Labor Day weekend for the nation, this could be lost in the flow. It must not be. This provision has all the potential implications, problems, Read more →

The Strange Case of Hiwa Abdul Rahman Rashul (Part 1)

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[Today Emptywheel has a special treat in the form of a guest post from one of our very longtime commenters, William Ockham. Marcy alluded to this right before she left. WO really drilled deep into this story and has produced a great article. As the title suggests, there will also be a Part II that will delve into the implications. Give WO some love and participation in comments, and in light of the special nature of this post, please stay on topic for this one; if there are other issues, please feel free to use the previous post on the Bates Contempt Decision for those. Thank you. – bmaz]

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.

Part 1: Did the DOJ cover up what its own OLC ruled was a war crime committed by the CIA?

The Office of Legal Counsel in the Bush Administration’s Department of Justice has had a notoriously broad view of the Executive Branch’s ability to define our obligations under the Geneva Conventions. But if the OLC under Goldsmith and Bradbury decided that the CIA had engaged in a grave breach of the Geneva Conventions (and even John Yoo agreed), and the CIA OIG had made a criminal referral to the DOJ, wouldn’t you expect a prosecution? Recently released CIA documents suggest that such a referral was made, but no prosecution occurred. Perhaps the very public complicity of Donald Rumsfeld, Alberto Gonzales, and George Tenet played a role in the decision not to prosecute. But I’m getting ahead of myself. First, I want to make it clear that I’m using the term ‘war crime’ in the very narrow sense of a violation of U.S.C. § 2441.

The Crime

Return with me now to those thrilling days of yester-year, that is, the summer of 2003. Dana Priest (in a story from October 2004) and Jane Mayer (The Dark Side) are our narrators. Mayer’s account (in bold) appears to derive directly from Jack Goldsmith:

Read more →

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

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Yesterday, I said,

Since Condi’s gone somewhere (probably buying shoes in NYC), let me anticipate what she’ll say when she ever gets back to work: "No one could have predicted that the Georgians would incite the Russians to pursue regime change in Georgia."

Today, the NYT’s diplomatic correspondant writes,

One month ago, Secretary of State Condoleezza Rice arrived in Tbilisi, Georgia, for a high-profile visit that was planned to accomplish two very different goals.

During a private dinner on July 9, Ms. Rice’s aides say, she warned President Mikheil Saakashvili of Georgia not to get into a military conflict with Russia that Georgia could not win. “She told him, in no uncertain terms, that he had to put a non-use of force pledge on the table,” according to a senior administration official who accompanied Ms. Rice to the Georgian capital.

But publicly, Ms. Rice struck a different tone, one of defiant support for Georgia in the face of Russian pressure. “I’m going to visit a friend and I don’t expect much comment about the United States going to visit a friend,” she told reporters just before arriving in Tbilisi, even as Russian jets were conducting intimidating maneuvers over South Ossetia.

[snip]

Ms. Rice went to Tbilisi just as tensions between Russia and Georgia were escalating. Standing next to Mr. Saakashvili during a press conference, she said that Russia “needs to be a part of resolving the problem and solving the problems and not contributing to it.” Mr. Saakashvili, for his part, was clearly thrilled to host Ms. Rice.

[snip]

Ms. Rice did not get on the phone with her Georgian counterpart on Thursday, but left it to Mr. Fried to deliver the “don’t go in” message, a senior administration official said. “I don’t think it would have made any difference if she had,” the official said. “They knew the message was coming from the top.”

A few hours later, in the early morning hours of Friday, Aug. 8, Georgia launched its offensive in South Ossetia, and Russia responded with a tenfold show of force. Ms. Rice, the administration official said, “called Saakashvili on Friday morning, after their folks were in.”

Now, I’m not even remotely surprised that State is now claiming they had nothing to do with this, Condi’s visit and on-the-record confrontation of Russian not-withstanding.

I am wondering, though. At what point do people start calling Condi on her refrain, "No one could have predicted"?