Children murdered, homes foreclosed: How the government makes “mistakes” with impunity

Anyone who’s been at the mercy of the DMV, the IRS, or a health insurance company knows that bureaucracies make mistakes. Most people are accustomed to bureaucracies making mistakes. And even presidential administrations and U.S. Armed Forces make mistakes.

Yet when considering U.S. national security policies, raising the question of mistakes that cost lives is chalked up as a minor issue: “We have to expect collateral damage in wars/drones/bombs/armed conflict.”

If we know that organizations make mistakes, then it’s not that hard to see that organizations without external oversight and accountability will be empowered to make mistakes with impunity.

Not rectifying mistakes, not allowing oversight, refusing to be accountable to an external judicial body is considered by many an abuse of power. But abuse can only be claimed when a state promises to be accountable. If the state claims that it can’t be accountable, can’t be reviewed for mistakes, can’t rectify mistakes because such practices would be dangerous (the reason isn’t really important here), then at most levels, it’s hard to name the state’s attitude as abuse.

Moreover, as journalist Margaret Kimberley points out, the Obama Adminstration has claimed the right to kill American citizens without charge or trial. That’s not an abuse of power. It’s a complete usurpation of power. There is no space by which to claim the Administration should have acted differently by its own lights.

Wouldn’t it be more accurate to call this, not the abuse of, but the monopoly of power?

In 2005, Rahina Ibrahim was “cuffed, detained, and denied a flight” to Hawaii to deliver a conference paper about sustainable housing. She was allowed to return home to Malaysia, but because her name was on a U.S. government no-fly list, Ibrahim’s visa was subsequently revoked; she was prevented from returning to the U.S., thus effectively ending her doctoral studies at Stanford.  She eventually finished her dissertation in Malaysia, and sued the US government to have her name removed from the no-fly list. But the courts initially ruled that she had no legal standing to sue the US to change its policies because she is a non-citizen, and the US’s efforts to fight terrorism could not be challenged by a foreign national.

Ibrahim persisted, and at least in the most recent round, won.  Despite the US’s best efforts to the contrary, Ibrahim is the first to successfully force the US government to remove her name from the list. U.S. District Court William Alsup’s ruling points out that the US government had erred: an FBI agent confessed to having filled out the No-Fly list form for Rahina Ibrahim in exactly the opposite way as he should have. Alsup had suspected as early as December 2009 that Ibrahim had been the victim of a “monumental” government error.

Murtaza Hussain, in an excellent assessment, points out that Attorney General Eric Holder abused the state-secrets privilege in the Ibrahim case. In an affidavit from April 2013, Holder invoked the state secrets privilege as the reason that the Department of Justice could not turn over the records regarding why her name was put on the no-fly list. Referring to the 2009 State Secrets Policyy established under a young Obama Administration, Holder promised that he would not claim the state-secrets privilege to hide wrongdoing, incompetence, inefficiency, or embarrassment. Nor would he invoke it to “prevent or delay the release of information the release of which would not reasonably be expected to cause significant harm to national security.”

Clearly, Holder lied. The reason we know that Holder lied is because of what was revealed in Judge Alsup’s decision.  In this specific instance, we have clear evidence that the Obama Administration abused its power—on the view that the abuse of power is constituted when an government has promised to behave within certain procedural bounds and legal limits, but has stepped beyond them.

As journalists Kevin Gosztola and Marcy Wheeler demonstrate, the Obama Administration is completely indifferent to its own state-secrets policy, except as a subterfuge. They have invoked it time and time again, for horrendous ends. As Shahid Buttar, head of the Bill of Rights Defense Committee, communicated to Gosztola back in 2012 about the invocation of state secrets privilege:

 

the ability of the FBI to “stand above the law” and not answer to any authority when they outright lie or make deliberate misrepresentations about what kind of operations they are or are not conducting. Also, it makes it possible for the Executive Branch to enjoy extraordinary immunity from punishment when incredible abuses of power are committed and cases on torture, warrantless wiretapping or spying are brought forward in court.

State secrets privilege is but one of multiple excuses that the Obama Administration, like the Bush Administration before it, has used to expand its own power without any accompanying review or oversight of it. Whether the continued renewal of FISA (which candidate Obama voted in favor of in 2008), the NDAA 2012, NDAA 2013, or a myriad of other laws, under the Obama Administration has endorsed the unchecked expansions of power claimed by the FBI, the CIA (often in collusion with the NYPD, the DOJ. Countless foreigners have been rendered from Somalia, Sweden, and elsewhere, and interrogated without defense lawyers; numerous men have been placed in solitary confinement in prisons around the country, still unaware of the charges against them, with sketchy trials at best. Some of these men have been rendered stateless with the help of the British Home Office, such that their kidnappings could not be contested. Muslim communities all over the United States–in Southern California, Oregon, Minnesota, NY, Pennsylvania, New Jersey—have been subject to spying and entrapment.

Let’s not forget Terror Tuesdays and the Disposition Matrix, where Obama Administration officials gather to determine which alleged terrorist to execute next—without evidence, without oversight, with impunity.

It’s also been recently discovered that the FBI—the agency whose agent made a mistake in placing Rahina Ibrahim on the no-fly list–holds the power to delay the citizenship applications of Muslims—a policy enacted under the Bush Administration but still in effect today.

Mistakes, shmistakes.

The targeting of Abdulrahman Al-Awlaki, the 16year-old U.S.-born son of Anwar Al-Awlaki was a mistake.

Putting post-surgery, wheelchair-bound, Stanford doctoral student Rahina Ibrahim’s name on a federal No-Fly list in 2005 was a mistake.

Hundreds of thousands of people were subject to housing foreclosures due to mistakes.

The Obama mortgage settlement allows for a threshold error rate for mistaken foreclosures.

Killing scores of civilians by drones is a mistake.

Incarcerating innocent (but not guilty) men without charges or trials is a mistake.

Holder’s behavior and that of many of his colleagues in the Obama Administration, such as DNI James Clapper, indicates that they have no problems with mistakes, or with lying about government practices, evading demands for evidence, or concealing violations with law.  This may make them corrupt—on the view that there should be a higher standard of behavior from government officials, one that conforms to consistency and accountability.

To the extent that the Obama Administration has conceded to calls for oversight, it has facilitated pseudo-review boards, as when Obama appointed the DNI Clapper to review the NSA’s protocols. Even the name of the group, “Director of National Intelligence Review Group on Intelligence and Communications Technologies,” indicated no interest in external oversight.

On the view that lying, evading and concealing are the (counter)part and parcel of the Obama Administration’s approach to national security—the other part being that any and all strategies will be utilized without regard to accountability or oversight–because these are necessary actions to protect the public at all costs, then Holder’s and Clapper’s actions don’t reveal an abuse of power, but rather the precise and intended application of power.

 

If the Administration promises to behave within certain procedural bounds–along with the proviso that it will be the sole arbitrator on when and how to proceed to execute its power, whom it will delegate its power, and who will be subject to its power—then we should not name that the abuse of power, but the ultimate monopoly—indeed, the ultimate expression of power–and laud the Administration for resolutely carrying out its own promises and marvel at its own rare consistency!

In fact, as many have pointed out, the Obama Presidency is following in the footsteps of the Bush Administration. It might be more accurate to say that the current Administration is carving out even bigger footsteps for itself, what with its impressive record number of drone murders, solitary-confinement based incarcerations, domestic and global surveillance, deportations of migrants, and its pointed indifference to looting bankers. By claiming the right to wield power without apology in all areas of national security domestic and foreign, and on behalf of Wall Street, the Obama Administration is claiming the status of the Leviathan, as the sovereign authority in Thomas Hobbes’ 16th century treatise on politics is named.

The Leviathan claims both to be the actor and author of the collective will: once people have handed over their consent to the sovereign (demonstrated by abrogating each individual’s rights to kill), then the Leviathan claims that power in the name of the people completely. The Leviathan can do no wrong and admits to no wrong. What’s more, unless a person can find a stronger protector, they have no choice to but to submit to the Leviathan’s authority.

So, the Obama Administration—by refusing to admit that its policies are fraught with mistakes, by refusing to concede that its mistakes have hurt innocents needlessly, by refusing to correct those mistakes in the name of state security—and by resisting all attempts to make it accountable by resorting to incarceration (John Kiriakou), mock trials (e.g., Chelsea Manning) or no trials (Barrett Brown), rescinding passports (Edward Snowden), coercing other sovereign states to incarcerate challengers to its power (Yemen/Abdulelah Haider Shaye), and killing citizens and foreigners alike without review or impunity (whether by drones, financial starvation), it claims to be the ultimate sovereign authority—without challenge, dissent, or resistance. It makes the same claim as the Leviathan.

At some level, the question that needs to be addressed is not whether the Obama Administration is interested in holding itself accountable—it clearly does not—but whether we are interested.

If US citizens are interested in the accountability from an Administration that considers itself to be not only above the law, but is unilaterally creating law and (by extension) determining others’ criminality through its own (often secret) standards, then we have to decide how to wrest back power from an absolutist state. By an absolutist state, I mean an Administration that considers dissent, scrutiny, and criticism from any lowly individual unforgivable, while insisting that its own mistakes (real and contrived) are necessary to its self-awarded status as the ruler of the world.

________________________________________________________

This piece was originally published at Salon.com.

Advertisements

Don’t Buy the Spin on Guantánamo: It doesn’t mean what you think it does

This article was originally published on Salon.com on November 18, 2013.

 

___________________________

Technically, President Obama appears to be making strides on his 2008 promise to close down Camp Delta at Guantánamo Bay Naval Base. But despite Fox News’ takeaway, let’s not get confused: closing down the prison has little to do with releasing the remaining prisoners, some of whom have been held there for nearly 12 years—almost none of them ever charged with a crime.

In fact, closing down the prison doesn’t clear up the issue of what will happen to the 164 prisoners, all of whom are foreign nationals, except that they will be “transferred,” a term that can mean whatever the President wants it to mean: relocating prisoners to another prison, releasing them to the custody of their home governments, placing them in “rehabilitation” facilities, or just simply: get them off the base.

The ACLU, surprisingly, didn’t speak to that distinction when it showcased the costs of keeping Guantánamo open over the last decade. They pointed out the millions that could be allocated to other important programs by “transferring detainees” out of Guantanamo: keeping down healthcare costs for military families, fully funding assistance in transitioning U.S. veterans to civilian life, covering the military’s body armor budget, funding prosthetics research (presumably for vets who lost limbs).

To be fair, the confusion can be partly attributed to the President’s waffling on the issue. He has offered several renditions of  “closing down” Guantánamo: Shortly after he took office in his first term, he conceded that some of the prisoners, despite lack of sufficient evidence or due to “contaminated” evidence, could never be tried. By implication, they could never be released.  Sometime after that, he toyed with the idea of relocating them to a new prison in Illinois. That plan would have allowed him, technically, to keep his promise to close Gitmo. Protests from various corners of the U.S. quickly put a kibosh on that idea.

More recently, the Obama Administration has been in talks with the Yemeni government to transfer somewhere between 55 to 80 Yemeni prisoners to Sana’a, on the condition of a new Guantanamo prison rehabilitation facility of some sort being built there. It would be funded by anyone but the U.S. — most likely the Saudis, who according to the LA Times, have had a successful track record of “rehabilitating” terrorists, presumably so that they will not fight back (against governments who’ve done them harm). The U.S. has promised that the “rehab” would include “counseling, instruction in a peaceful form of Islam, and job training in Yemen before any decision on freeing them.”  Still, I shudder to think which other tactics will be used. See this recent clip, which shows torture being inflicted under the watchful eye of American military personnel in Afghanistan (warning: it is extremely violent). Is it unreasonable to anticipate that that the transfer of Yemeni detainees to Sana’a will be accompanied by the transfer of torture, death, and harm to their families?

Given its own track record, the Yemeni government hardly inspires confidence in the promise of ethical treatment: at times, it purports to represent the interests of the families of the Gitmo prisoners; in the same breath, it reveals itself to be a faithful servant of the U.S. by justifying or covering up U.S. drone attacks into Yemen. And now, it is engaging in negotiations with the U.S. to build a prison/halfway house to house the as-of-yet uncharged Yemenis, going so far as to offer to pay for it before rescinding its offer due to a tight government budget. It is noteworthy that the home-governments of other Gitmo prisoners have refused to imprison them again upon “transfer,” on the grounds that they have not been convicted of any crimes.

Like me, Sen. Saxby Chambliss also thinks transferring prisoners to a prison in Yemen is a bad idea, but for different reasons. Chambliss believes that the Yemenis, at least 20 of whom have been deemed “low-risk” detainees, would be a danger to the U.S. even if they were not released but transferred to a Yemeni prison. Chambliss’ logic makes sense, and could even construed be an implicit acknowledgment that the U.S. has treated these prisoners abominably. After all, if the agents of a foreign government kidnapped and tortured you, threatened to hurt your family, locked you up in a tiny cage for twelve years while guards disciplined and humiliated you, mashed up your Bible, periodically beat you for having the temerity to be unsatisfied with the arrangement, and challenged your ability to hunger strike by violently forcing a tube up your nose three times a day— all without ever charging you with a crime or showing evidence of wrongdoing — you’d be angry enough to dream of ways of getting back at that government and its officials if you were ever released.  Thomas Jefferson suspected as much back in 1781, when he suggested that after emancipation, ex-slaves should be expelled for fear of retaliation against their former owners for the inhuman treatment they had received.

But Chambliss’ fears are not substantiated. As Adam Hudson cites in a brilliant analysis of the supposedly concluded Gitmo hunger strikes, the “recidivism rate” for released Guantanamo prisoners is 4 percent. That low rate suggests that these men, if they ever were prone to violence (which we can’t determine, given the lack of evidence) are remarkably forgiving of those who have inflicted serious violence and other wrongdoing on them.

There are other reasons to oppose “transferring,” rather than releasing prisoners. Relocating human beings who’ve been caged for 11 or more years— despite any public evidence of wrongdoing–to a prison in another country is yet another feature of the quest for global hegemony by the U.S. empire.  The Post-Human Rights State, we might call it.

In this instance, U.S. imperial power, disguised as a liberal polity concerned with protecting the freedom and rights of all human beings, is revealed when it selectively showcases certain human rights that support the destructive actions planned by the state. WMD’s in Iraq.  Women’s rights in Afghanistan. Such “principles” are clearly exhorted almost exclusively to enable voters to support otherwise dubious or indefensible policies.

The issue here is one of principle as well as of realpolitik. Under the Bush Administration and its minions, heinous and unconstitutional actions were undertaken in the name of national security. Those minions, as we know, included plenty of Democrats, like Senators Feinstein, Kerry, and Clinton, who approved and supported those actions. Counter-terrorism, as we now understand it, is about exchanging sacrificing selling out human rights principles in the name of American security while chiseling away at the rights long claimed by American citizens and residents: free speech, privacy, dissent, knowing the charges that warrant my arrest, fair trials before an impartial judge, publicly shared evidence in order to convict.

The Obama Administration unabashedly continues the destruction that the Bush Administration began in 2001 in the name of national security.  Highlights include pushing for NDAA 2012; winning back on appeal (in the lawsuit filed by Chris Hedges, Alexa O’Brien and others) the right to detain people infinitely (sic) with impunity; wiretapping Americans, foreigners, the press, and heads of state alike; and persecutingwhistleblowers through dubious laws and the revocation of passports, and in collusion with foreign governments.

It is not possible to continue to violate the freedom and bodies of so many people — American or foreign, citizens or otherwise — without confronting the inevitability that those chickens will come home to roost. I don’t mean revenge. History has disproven Jefferson’s fears wrong, despite the continued persecution and mass imprisonment of Black Americans up to this day. I mean the disintegration of a society that claims to respect the bodily and psychic integrity of human beings to live and speak without fear of despotic retribution. Consequently, the United States can no longer credibly claim to be a beacon of democracy or protector of rights without hearing the loud, widespread, jeers of derision and contempt from the victims of the US’s unceasing violence: the families of droned Pakistanis and Yemenis as well as those of Gitmo detainees who have already ended their own lives; the family and friends of Aaron Swartz, as well as those of Chelsea Manning, Barrett Brown, John Kiriakou and many others. The list is long, too long.

In the face of this knowledge, closing Guantanamo and releasing its uncharged prisoners may be a trivial act. But it would constitute one step in the right direction — of trying to observe human rights principles while beginning to forge international relationships on a basis other than the force embodied in the long reach of destructive weapons and aggressive, unchecked, despotism. Perhaps then, we might be able to look forward to reclaiming the US’s integrity as a champion, rather than the destroyer, of human rights.

This should not be who we are: Mahdi Hashi’s rendition and solitary confinement

In the last 10 days, the story of Mahdi Hashi’s hunger strike has seeped, barely, into the public sphere. There has been one “official” tweet about Hashi’s failing health, as he entered his fourth week of a hunger strike at the Metropolitan Correctional Center in lower Manhattan. There have been few stories about it since that tweet.

Hashi’s name is not well known, but his treatment at the hands of the U.S. and U.K. over the last year should give pause. A British citizen of Somali descent, he migrated to England at a young age with his parents. At 18, he was a community youth worker, and was continually pressured by MI5 (the British equivalent of the CIA) to cooperate with them and spy on fellow Somalis (akin to the tactics of the FBI and the NYPD). Growing tired of their harassment, Hashi filed a complaint with his local MP Frank Dobson in 2009.  As well, he spoke with a caseworker at Cage Prisoners, which recorded his story (see pp.18-20 of pdf). ​

But things became worse. On several occasions, he was detained at British airports, interrogated and warned against leaving. On one occasion, after having been interrogated at Gatwick Airport, he insisted on continuing his trip to Djbouti to visit his grandmother, only to be detained and interrogated for hours there. He was refused entry and sent back to the U.K. Finally, escaping the unceasing harassment, Hashi moved to Somalia, where he married and had a child. In mid-2012, at the age of 23, Hashi disappeared altogether. Worried, his family appealed to the British government, who informed them that their hands were tied, because—alas—he was no longer a citizen.

Perhaps because he renounced it, you speculate. Not quite. The British government disfranchised him.  British Home Secretary Theresa May stripped him of his citizenship, which she informed him by letter:

“As Secretary of State, I hereby give notice … that I intend to have an order made to deprive Mahdi Mohamed Hashi of your British citizenship.

‘This is because I am satisfied that it would be conducive to the public good to do so. The reason for this decision is that the Security Service assess that you have been involved in Islamicist (sic) extremism and present a risk to the national security of the United Kingdom due to your extremist activities.’

May has made it a signature of her tenure to strip 17 others of their citizenship, in each case doing so after they left the country. All but one (Anna Chapman, the Russian spy) were Muslim. Technically, the British state may only do this when a person has dual citizenship, in order to avoid leaving a person stateless. Still, it is difficult to argue that Hashi could have turned to the Somali government to defend him, even if he had learned of the decision before he disappeared. May’s letter to Hashi was dated several weeks before he was rendered to the United States.

The ease and timing of the British decision is worthy of harsh and loud criticism.  Hashi had never been arrested in the U.K. However, at age 16, he was held in an Egyptian jail for nine days for a visa that still had  two weeks left before renewal was needed. That event, which Hashi reported to the advocacy group Cage Prisoners back in 2010, was somehow linked to suspected terrorist activity, although it is unclear whether there was evidence to back that suspicion. It is also unclear what constitutes evidence of “Islamicist extremism.”  By the time he moved to Somalia, there were still no evident ties to terrorists — except insofar as his work with British Somali youth was automatically assumed to be such a tie. In other words, Hashi’s guilt was through his association with other Somalis.

For the British, whose collusion with the U.S. on most things “counterterrorism” is noteworthy, this was an occasion to let someone else deal with the “problem” of Mahdi Hashi. As Paul Pillar, an ex-CIA employee suggests in this very good article by the Guardian’s Ian Cobain on the British collaboration with the U.S.:

From the United Kingdom point of view, if it is going to be a headache for anyone: let the Americans have the headache.

In other contexts — outside of America’s counterterrorism practices, where accusing young men of criminal and terrorist activities without evidence is endorsed uncritically in the name of national security by all good Americans – we call such suspicion in the absence of evidence racism. When the NYPD does it, we call it racial profiling.

African-AmericanLatino and Muslim communities in New York are intimately familiar with the judgment of “guilt by association.”

Hashi was detained, abused, and interrogated in Djbouti for several months before being handed over for more interrogations to the Americans. After several months, he suddenly appeared in handcuffs in a Brooklyn Federal Court right before Christmas of 2012, along with 2 Swedish men of Somali descent.

No news had been heard about Hashi until Friday, Sept. 13, 2013, when Cage Prisoners reported that he had been on a hunger strike and that his health was failing.

The MCC, where Hashi is being held in solitary confinement, did not confirm that he was on a hunger strike or that he was in critical condition. According to Saghir Hussain, the solicitor for Hashi’s family, they learned of his strike through a phone call with Hashi, which was interrupted “after about 60 seconds or so.” Calls to Hashi’s attorney, Harry Batchelder, were not returned.

According to Arnaud Mafille, a caseworker at Cage Prisoners, the organization that originally tweeted out the news, “He was in hospital for a week due to his hunger strike. He was diagnosed with jaundice. He was released from the hospital after one week. As far as we know he’s still on a hunger strike.”

He does not appear to have been force-fed yet. The Hashi family was unable to learn much more because of the special administrative measures (SAMs) imposed on him.

According to Mafille, Hashi is refusing food in a last ditch effort to have the SAM’s, which have imposed extremely limited contact with his family, removed.  SAM’s often consist of extreme conditions, such as daily 23-hour solitary confinement, and extremely restrictive contact or communication with anyone including family members and attorneys. SAM’s have also been imposed upon Muslim prisoners for “infractions” such as praying in a language other than English, or even praying with an open mouth.  SAM’s have become de rigeur for most, if not all, men suspected of giving material support to organizations or individuals themselves suspected of terrorism. These determinations are often based on guilt by association with an organization or individual, as for persons of Somali descent who may have donatedeven a small amount of money for charitable purposes to groups affiliated with Al-Shabaab.

No new details in Hashi’s case were heard until last Wednesday, several days after his hunger strike and failing liver had been reported. Independently, it appears, CBS News reported that a new document was “quietly dropped” into the files of Mahdi Hashi and his co-defendants, Ali Yasin Ahmed, and Mohammed Yusuf’s files.

The letter, by U.S. Attorney Loretta Lynch, alleges that they had substantial knowledge that al-Qaida was building a chemical weapons factory, and that they had substantial countersurveillance expertise. I have written about Lynch’s allegations in more detail elsewhere, but here it’s noteworthy that there has been no mention of their supposed familiarity with a chemical weapons program or countersurveillance expertise until now.

It’s also worth noting the timing of Lynch’s letter. It is entered into Hashi’s and the others’ files one month after the chemical gas attack in Syria, and four months since Edward Snowden’s leaked documents confirmed extensive NSA surveillance of American citizens, foreign nationals and international citizens alike. And perhaps it’s also worth noting that those revelations were met by the standard National Security response that surveillance was needed to foil the terrorists, who presumably had superior intelligence capacities.

Lynch’s letter also requests separate appearances for all three defendants on the grounds that their terrorist “proclivities” might cause death or bodily injury to others, or to themselves. Given that their SAMs probably mandate extremely restrictive conditions with negligible contact with anyone or anything, it’s unclear how exactly they could be a danger to anyone.

Last week, a Twitter account called @StatelessMahdi tweeted a picture of Hashi’s mother standing outside the US embassy in London, holding a sign that says “Free Mahdi Hashi.”  It reminds me of the pictures of Yusef Salaam’s mother who, in 1989, would appear at her teenaged son’s trial wearing a “Yusef is Innocent” T-shirt.

In Ken Burns’ recent documentary “The Central Park Five,” there is footage of Sharonne Salaam encountering jeering and laughing crowds on her way into the courtroom, wearing a T-shirt declaring her son’s innocence.  These were crowds who were convinced of New York Daily News’ headlines, naming Salaam and the 4 other black teenagers as part of a “Wolf Pack,” as marauders, animals, brutes who preyed on a young white woman, known as the Central Park Jogger. Many other newspapers across the country followed suit in sensationalizing the racial dimensions of the case. They convicted the teenagers by media, as did Mayor Edward Koch, then aspiring mayor David Dinkins, Donald Trump and others. Trump went as far as spending $85,000 to publish full-page ads in four daily New York City newspapers, demanding the return of the death penalty and more police for these “roving band of wild criminals.”

As we know today, Salaam and the other four teenagers would spend years in jail after having been railroaded into false confessions. As we also know today, they were innocent of any wrongdoing. As in Salaam’s case, the signs that Hashi was going to be profiled were there when he was a mere teenager, well before his disappearance from Somalia.

The U.S. has become a nation that zealously kidnaps men from foreign countries on the scantest suspicion of being threats to the U.S. and tortures them for indefinite amounts of time. Yes, solitary confinement is torture. Hashi and his co-defendants are three among many such men held here in the U.S. — outside of Guantánamo. Many have still not been charged.

This should not be who we are.

If Lynch’s allegations that Hashi and his co-defendants have substantial knowledge of a chemical weapons programs and are countersurveillance experts, then we need to have a speedy and open trial to see exactly how that expertise was acquired — and how the U.S. obtained that evidence. If Hashi is indeed guilty, that fact will not be established through secret interrogations or unlawful renditions. If he is guilty, that fact won’t be established by secret evidence or tortuous SAMs that eliminate his ability to have contact with the outside world.  It will only be established through a lawful prosecution, a vigorous defense, timely evidence and a transparent trial. The U.S. government’s case against Hashi can only be enhanced by treating him and his co-defendants humanely and sharing the evidence with the public. Until then, skepticism and doubts about the ethics of this nation’s counterterrorism practices will and should prevail.

_____________________________

This article appeared in Salon.com today under the title: “This is counterrrorism?: The Shocking Story of Mahdi Hashi”

Loretta Lynch alleges Mahdi Hashi is a chemical weapons and countersurveillance expert!

One week ago, a little-noticed tweet announced that Mahdi Hashi, a British-Somali young man who disappeared from his home in Somalia in mid-2012 and suddenly appeared in a Brooklyn Federal Court last December on terrorism-related charges, had been on a hunger strike and hospitalized with jaundice and potential of liver damage.  Shortly before Hashi disappeared (and rendered, as it turns out), the British government stripped Hashi of his citizenship on the grounds that he was engaged in “Islamicist activities.” (See links below to read more about Hashi’s situation).

In a phone call, Arnaud Mafille, a caseworker at Cage Prisoners, indicated that Hashi’s strike is in protest of the extreme Special Administrative Measures (SAMs) imposed on him, including restricted contact with his family. According to Saghir Hussain, the lawyer for Hashi’s family,

“The information was provided by MH to his father over a short telephone conversation, which was interrupted by the authorities after “60 seconds or so.”

SAM’s often consist of extreme conditions, such as daily 23-hour solitary confinement, and with extremely restrictive contact or communication with anyone, including family members.  SAM’s have also been imposed upon Muslim prisoners for “infractions” such as praying in a language other than English, or even praying with an open mouth.  SAM’s have become de rigeur for most, if not all, men suspected of giving material support to organizations or individuals themselves suspected of terrorism. Laura Rovner and Jeanne Theoharris have written extensively about SAM’s here; Theoharis also describes the horrific details of SAM’s in relation to one of her former students, Fahad Hashmi.

Four days after news of Hashi’s hunger strike, CBS News reported that a new letter was “quietly dropped” into the files of Mahdi Hashi and two others who had been indicted alongside hime, Ali Yasin Ahmed, and Mohammed Yusuf’s files. The letter alleges that Hashi had substantial knowledge was chemical weapons expert and was helping Al-Qaeda build a chemical weapons factory. The story itself is a fascinating confirmation of the thesis that the press is the government’s helper. The document “alleges,” but the press believes the allegations unconditionally.

I can’t get the video to embed, so here’s the link:

http://www.cbsnews.com/8301-505263_162-57603620/court-document-references-al-qaeda-linked-chemical-weapons-program-in-somalia/

Notice the “critical” comments by CBS “This Morning” host, Charlie Rose, as he and Norah O’Donnell consult with CBS Senior Correspondent, former assistant CIA Direct, John Miller.

The last few weeks have been filled with reports about chemical weapons being used in Syria, but this morning a new filing in an obscure terrorism case is confirming something long feared: a chemical weapons program run by Al-Qaeda.

Miller, the canny investigative reporter that he is, notices that a new letter was “quietly dropped” into Mahdi Hashi’s, Ali Yasin Ahmed and Mohammed Yusuf’s files, which point to their expertise in helping Al-Qaeda develop a chemical weapons program!

The causal overdeterminations made in this short segment are fascinating: The letter, dated September 18, 2013, was written by US Attorney Loretta Lynch. According to Rose and Miller, it confirms the existence of a chemical weapons program by Al-Qaeda, which had been LONG FEARED.

In fact, the letter confirms nothing of the sort, except that this is what the US Government is claiming in order to restrict Hashi, Ahmed, and Yusuf from any access to the outside world, and perhaps other untold, more extreme, measures. Lynch’s letter also specifies that the SAM’s restrict their access to “each other” (presumably because they might conspire to…something(?). I suspect that Lynch’s phrase indicates that they also have no contact with anyone, i.e., they are each being held in solitary confinement, though I have found no explicit evidence of this yet.

Neither Rose, O’Donnell, nor Miller question the timing of the letter—nor do they explain the purpose of the letter–in making this causal connection.

Let’s consider the October and November superseding indictments of Hashi and his alleged co-terrorists, and Lynch’s letter. Up until today, all three had been indicted on fairly general charges: (1) a “conspiracy to give material support to terrorism,” which by most measures is an extremely weak charge, usually indicating little concrete evidence, if any, that can convincingly link a person to terrorist activity; (2) Material support to a foreign terrorist organization; and (3) Firearms.There is no mention of chemical weapons or counterterrorism intelligence expertise in initial indictment.

Now, the thrust of Lynch’s letter was to request separate appearances for all three defendants. Lynch does so presumably on the same grounds by which Special Administrative Measures were ordered for them (also mentioned in the letter), namely because

The Attorney General, in directing that such restrictions be implemented, previously found that “[b]ased upon information provided to me of [the defendants’] proclivity for terrorism . . . there is substantial risk that [the defendants’] communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of serious bodily injury to persons.

Indeed in the last part of the letter, Lynch states that separate appearances are requested because of the above grounds and

To minimize the potential for violations of the defendants’ SAMs during their appearance in Court and for the safety of the defendants themselves.

The safety of the defendants themselves?? From whom? Each other? From Al-Qaeda? They, like the rest of us, are already aware that these three are in prison..

Even a vegan can recognize red herring when they see one. Consider the timing of this letter. It is filed

-after ten months of silence in Hashi’s et al’s cases, and only five days after word of his hunger strike.

– fewer than 2 months after the news about chemical weapons attack in Syria, which tempted the Administration to launch a military attack in Syria.

-fewer than 4 months since Edward Snowden leaked documents confirming extensive NSA surveillance of all American citizens, non-citizens, foreigners—EVERYONE. Those revelations prompted renewed calls for transparency and accountability on the part of the Obama Administration, which has been reeling defensively and searching for new ways to make the case that the US MUST spy on everyone for the purposes of national security.

Claiming “Al-Qaeda!” will surely remind us of the need for spying. And sure enough, CBS News responded appropriately about the “confirmation” of a chemical weapons program developed through “commercial” and widely available ingredients.

Nor does CBS question why, after extremely vague charges filed despite months of interrogations, there are suddenly such specific allegations such as,

(2) the defendants have extensive weapons and combat training and were formerly members of an elite al-Shabaab suicide bombing unit.

and

(4) the defendants are dangerous and influential foreign al-Shabaab fighters who have previously employed operational tradecraft and counter surveillance techniques to avoid detection by law enforcement authorities.

One wonders how sophisticated Hashi could have been in avoiding detection by law enforcement authorities if he was scooped up as easily as he was.

I could be mistaken, but I believe this is the first time that allegations associating Hashi with chemical weapons or countersurveillance expertise have ever been made.

The rhetorical use of “expert” is fascinating given that the chemicals that are being used are most likely elementary. Household bleach thrown at a group of people can be a chemical weapons attack. It doesn’t have to be sarin gas (as Charlie Rose evokes in the segment in connection to the subway sarin attacks in Japan).

Are Hashi et al chemical weapons experts? Or are they new faces to map on convenient chemical weapons and countersurveillance accusations in support of the general War on Terror?

_______________

Other stories about Mahdi Hashi:

https://translationexercises.wordpress.com/tag/mahdi-hashi/

http://www.emptywheel.net/2013/01/04/the-disposition-of-informants-and-citizens/

http://www.independent.co.uk/news/uk/home-news/exclusive-how-mi5-blackmails-british-muslims-1688618.html

http://www.thebureauinvestigates.com/blog/2013/02/26/medieval-exile-the-21-britons-stripped-of-their-citizenship/

http://www.theguardian.com/world/2013/jul/14/obama-secret-kill-list-disposition-matrix

Obama is Channeling Bush Fever in Iran

Hi folks. Thanks for checking in. Regular readers will notice that I’ve been writing rather sporadically over the last few months. It’s not for lack of interest, but the day job is keeping me intensely busy, and will do so–I predict, until the end of April. I plan to finish a couple more in the next week or two. One will be about the hunger strikers in Guantanamo. I just need some time to treat the topic with the complexity it deserves.

In the meantime, here’s a piece that appeared today on Salon.com.

Obama is channeling Bush fever in Iran

Ten years after the Iraq debacle, are we — mind-bogglingly — headed to war with Iran? The signals suggest yes

A gold star if you can guess who made the following four statements without clicking on the links. Hint: Two were by an aggressive, hawkish, Republican, one of which was famously said over 10 years ago. Two others are by the more erudite, constitutionally savvy, liberal, moderate, current president. You remember him: He’s the one  Hillary Clinton taunted in 2008 as not being tough enough to answer the phone at 3 a.m. At this point, it’s safe to say that we no longer need to worry about that.

1) “I have made the position of the United States of America clear: Iran must not get a nuclear weapon. This is not a danger that can be contained. As President, I have said to the world that all options are on the table for achieving our objectives. America will do what we must to prevent a nuclear-armed Iran.”

2) “One thing is certain. The United States should never allow Iran to threaten the world with a nuclear bomb.”

Click through here to keep reading:

White Papers, Targets, and U.S. Citizens: What’s All the Fuss?

Revised 6:59 am.

The last few days, the mainstreamish media and Congress have professed shock and outrage over the Office of Legal Counsel white paper and its ambiguous rationale on President Obama’s targeted killing program. But, really, there’s very little new about it, save some ostensible rationale that will facilitate a long-standing politics of execution.

But, much news media and Congress (except for DNC Chair Debbie Wasserman-Schultz) have known about targeted killings for years. As Tara Kelvey and Josh Begley have noted, the New York Times has covered drones for years, even when they have ostentatiously skirted around the reasons for those killings. Similarly, the Brennan hearings were a perfect place for Congress to engage in, as Jeremy Scahill called it on Up with Chris this morning, “Kabuki oversight”—namely, the spectacle of watching senators like Dianne Feinstein and others to act as if they were overwhelmingly outraged by the non-responsiveness of the CIA, OLC, and WH to their repeated requests for an answer to the question of the rationale for targeted killing without oversight.

Why then are they suddenly exercised over it now? I’m puzzled by the fuss, given the way the sudden controversy is framed is shock and horror that a U.S. citizen might be fingered for death if they are suspected to be an “imminent” threat to America. So, suddenly—what—everyone cares that U.S. citizens Anwar and Abdulrahman Al-Awlaki , Samir Khan, and Kamal Derwish were killed?

Why weren’t our esteemed media and Congress that exercised about the provisions in NDAA 2012 that authorized POTUS to arrest and detain U.S. citizens (um…and foreign nationals) anywhere for posing an imminent threat?

After all, many more U.S. citizens are likely to be intercepted and indefinitely detained by the following NDAA 2012 provision (the one that Obama insisted be included on threat of veto. Remember?):

Subtitle D–Detainee Matters
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
 
    (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
    (b) Covered Persons- A covered person under this section is any person as follows:
    (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
    (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

The rest of the clause is just as interesting.

After the November elections, Sen. DiFi tried an interesting re-do in NDAA 2013 with an amendment that limited indefinite detention to non-citizens—but you’ll remember that it ‘mysteriously disappeared.’  If anything, U.S. citizens are much more vulnerable to the arrest and indefinite detention provisions from these bills than drones strikes. Right?

Mind you, it is heartening that even ‘forward leaners’ like Kristal Ball are so worked up over the undue authority that the WH/DoJ/OLC is taking to dilute the grounds by which they justify the targeting of U.S. citizens.

But the issue with drones is not just that they target U.S. citizens. But that they miss. And kill thousands of non-US citizens. And thousands of innocent civilians. And hundreds of children. On other sovereign lands. And turn peaceful foreign nationals into hostile, understandably vengeful, potential allies of organizations that the US has deemed to be our enemies.

There are compelling reasons to review the underlying rationales and “logic” of an Administration that wants to maintain a thick shell of secrecy around policies and authoritarian practices as heinous as killing U.S. citizens. The urge to dissect these policies is especially important as we consider future elections in relation to the executive authority that has been expanded for future presidents to exploit.

While the white paper is in the news, it’s worth taking advantage of the timeliness to explore other, older, facets of the Bush and Obama Administrations’ expansion of power.  In the short run, U.S. citizens stand to be much more vulnerable to the provisions of NDAA 2012 than the targeted killing rationale of the white paper.  This is especially true of Muslim-American men, who have been vulnerable to Sec. 1032 of NDAA 2012 since the endless, borderless, War on Terror was declared. And have been vulnerable to much, much, much, muchmuch, more than that.

Drones are being used for tracking here in the U.S, but not yet as lethal weapons. On the other hand, the (ex post?) rationale of Sec. 1032 in NDAA 2012 stands to round many more up in conjunction with anxieties about their acquaintances, associations, and communications in relation to the monstrous fear of Al-Qaeda and the all things “terrorist.” But we know that those ‘more’ will less likely be young white men from the burbs of Mill Valley (to date, we’ve only seen one like that–and he got a trial), than young brown and black men from the “terrorist-laden” terrain of Queens, the Bronx, or the less-than-affluent suburbs of Boston and Portland, OR.

And in so saying, perhaps I’ve answered my own question: maybe we care more about the OLC white paper because it obfuscates the obvious: these aren’t policies intended towards non-Muslims. We can scrutinize the rationale of the white memo as a way to distract most Americans from focusing on the fact that policies like indefinite detention, pre-emptive policing, and—yes—targeted killings—haven’t been and won’t likely be directed towards innocent (non-Muslim) Americans. Rather, such policies will continue to be aimed many more Muslim-Americans (and non-Americans) who won’t–can’t–possibly expect the U.S. to respect their innocence unless there are clear and evident reasons to suspect otherwise.

In America, Journalists “Push Back”: The Magnificent Hypocrisy of Touré

Update (2/17/13) below:

Yesterday, the news of the leaked Department of Justice white paper brought on a flurry of “debates” about whether POTUS’ ever-expansive rationale for targeting U.S. citizens was acceptable. The rationale is that a mere suspicion WITHOUT evidence that a U.S. citizen was a senior official in Al-Qaeda (designated as a terrorist organization by the U.S.) is an acceptable basis to target him via a drone strike.

It’s hard to have a believable “debate” when folks who should be aware and up-to-date on the Administration’s doings are ignorant, skeptical, or indifferent. Those were the reactions of Debbie Wasserman-Schultz, chairwoman of the Democratic National Committee, when she was challenged about the legitimacy of WH-directed kill lists and drone strikes. This clip is from last fall, after the second Presidential debate at Hofstra University. Wasserman-Schultz–an elected Congressional representative from Florida–has NO idea about the secret kill list whatsoever (FF to 00:25 and again to 00:35-60 for “the look”):

Wasserman-Schultz appears confused and skeptical when asked about the kill lists. In fact, she has the same blank look on her face that Touré, a political commentator for cable tv’s “left-leaning” MSNBC’s SpinCity, does when his co-hosts Steve Kornacki and S.E. Cupp confront him about the fact that a drone was used to kill 16 year old Abdulrahman Al-Aulaqi, the son of the alleged “#2 official in Al-Qaeda.” His father, Anwar Al-Aulaqi, was killed by drones on Sept. 30, 2011, 2 weeks AFTER John Brennan, the Obama nominee to be the next director of the CIA, argued for upholding transparency and rule of law when deciding the targets of drone strikes. Abdulrahman was killed exactly 2 weeks later. Both father and son were U.S. citizens.

Compare Wasserman-Schultz’ reactions to those of Touré on the same topic (unfortunately, this clip won’t embed on this site, so you’ll have to click it. It’s short, and I promise it’s worth your time).

https://www.mrctv.org/videos/watch-two-far-left-msnbc-hosts-actually-support-doj-drone-memo

Touré was embroiled in a controversy last year with Piers Morgan over the death of Trayvon Martin, whose 18th birthday would have been yesterday. Martin’s ‘crime,’ as “journalist” Geraldo Rivera and prosecutors allege—was not that he was black, but that he was wearing a hoodie in an exclusive gated community. Touré was especially critical of Morgan about not having interviewed George Zimmerman–who shot and killed Martin–and his brother Robert, critically and forcefully.

You will see from the below clip one such heated discussion between the two of them where, invoking certain nativist sentiments, Touré insisted that because Morgan was not American, he didn’t understand true journalistic rigor.

Morgan is hardly an icon of journalistic responsibility, but Toure’s comments are remarkable and self-righteously patronizing:

Let me explain to you a little bit at what’s at stake here. This is a major moment in American history and America’s reaching a bit of a boiling point in terms of dealing with this issue. And when we allow for misinformation and obfuscation and people to become confused about the truth about what’s going on, then we become part of the problem and not part of the seeking a solution.

He continues to berate Morgan for “being a part of the problem” for allowing the Zimmerman brothers to come on the air and spread misinformation and lies that “we know many people will believe.”

Do you know that in the hallways of MSNBC we were laughing at you today? We wouldn’t even take ‘em–standards of practices at MSNBC wouldn’t even let them through the door. (1:15)

I’m hardly a fan of Piers Morgan; but Touré’s response was an especially interesting one. Remember this part from the SpinCity clip?

If you join Al-Qaeda, you lose the right to due process, you become an enemy of this nation. And you’re committing treason. And I don’t see why we should expand (sic) American rights to people who want to kill Americans. This is not criticizing the United States. This is going to war against the United States.

Treason is a charge that can be leveled at a U.S. citizen, not a “foreign” enemy. He is also surprised to learn that Abdulrahman Al-Awlaki is American minor. Take a look again at 00:34.

Touré: What do you mean a 16-year old who is killed? I’m not talking about civilians.

Steve Kornacki and S.E. Cupp (the ‘conservative’) assure Touré that they are talking about a 16 year old Denver-born teen who was killed. Touré looks confused.

Touré: If people are working against America, then they need to die.

According to Touré’s own standard, he is part of the problem. Is MSNBC laughing at Touré, one wonders?

There is a certain nativist, if not xenophobic, consistency on Touré’s part. Rightfully insisting on paying attention to the racist context surrounding Martin’s death, he nevertheless challenges Morgan’s attitudes on the grounds that Morgan is not “from here.” For all of Touré’s understanding about the racial context of unfair murders, he appears to be ignorant of and indifferent to the fact that a young Muslim (American) boy was killed by a drone under the auspices of the POTUS.

We see a similar nativism in Touré’s sentiments about restricting due process to “Americans”—even after he learns that Abdulrahman Al-Awlaki IS American. [Not to worry though, Kristal Ball jumps in to assure us that this issue is not “black and white,” but “definitely one of those areas of grey.” As S.E. Cupp points out, killing 700 children through drone strikes is hardly “an area of grey.”]

According to Touré (5:30), what Morgan understands as “challenging” interview subjects is barely critical, barely journalistic. Says Touré:

What you understand as challenging, perhaps, maybe that’s what goes in England. That’s not what we do in terms of challenging in America…I would have liked to see him pushed and challenged, more followup, more pushback, more research to understand.

Really? Considering that Touré’s “version” of critical (“leftie”) journalism takes the form of vociferous unwillingness to ask for proof of one’s “terrorist credentials,” or to question the validity of the white paper (never mind the range of “counter-terrorism” law that has increasingly shrouded executive decisions in secrecy), I have to wonder what it is “that we do here in America.”

Touré goes on this vein for another 10 minutes: a lecture to Piers Morgan about aggressive journalism, and how impossible it is that Zimmerman’s story is true, so “at that point, we can’t give him a light pushback; we have to give him a much tougher follow-up than that.” (6:20).

I’m waiting for Touré’s tough follow-up on POTUS’ kill lists, the WH’s Terror Tuesdays, and the white paper on targeted killing. As Touré snidely pretends to be impressed that Morgan has been covering the Trayvon Martin story for “a whole week, wow!” I’m wondering why Touré knows not at all about the 2011 murder of 16 year-old Awlaki or of the deaths of 700 children by drones.

Given his anger over Martin’s death and apparent ignorance about who Abdulrahman Al-Awlaki was, or what his crime was (namely that of having an “irresponsible father”), one could accuse Touré of having double-standards about the value of the lives of African American v. Muslim American 16 year old-teens, not to mention his own hypocritical indignance about Morgan, given that Touré is vociferously spreading misinformation.

Even then, his position regarding the white paper on targeted killings is that America is being attacked, Al-Qaeda is fighting a “post-geographic” war, and therefore the President, as the Commander-in-Chief is correct to decide who to kill–in secret and without any due process.

Screen Shot 2013-02-06 at 4.27.10 PM

The last person in this thread is correct; her words point to Blackstone’s Commentaries on the Laws of England–back in the 1760’s–when they had kings with political clout (Book 1, Ch. 7):

THE king, moreover, is not only incapable of doing wrong, but ever of thinking wrong: he can never mean to do an improper thing: in him is no folly or weakness.

One wonders how exactly how our “left” political class is “leaning forward.” If they dare to concede that wrong is done, it’s purely an accident. Which must make it morally acceptable.

Screen Shot 2013-02-06 at 4.29.59 PM

Feet to the Fire! Or is it “Lean Forward”?

______________________

Update (2/17/13): This article by Jemima Pierre on Black Agenda Report is a MUST READ. Written one year ago, it is dead-on accurate and precise. Pierre compares the assassinations of Trayvon Martin and Abdulrahman Al-Awlaki. Pierre, rather than Touré, should have been on this segment of The Cycle–without spin.