Wednesday, March 01, 2006

SON OF GITMO

By William Fisher

Legal, diplomatic, religious and human rights authorities are struggling to be heard on what many consider to be the "Son of Guantánamo" -- a secret prison in Afghanistan where the U.S. military is said to have been holding some 500 "enemy combatants" for as long as three or four years without access to lawyers.

The existence of the prison, located at Bagram airbase near Kabul, was reported last week by The New York Times. But the story was quickly relegated to back pages by the revelation that Dubai Ports World (DPW), a company owned by the government of the United Arab Emirates, was about to take over the management of as many as six major U.S. seaports.

On the Bagram prison issue, the views of David Cole, one of America’s foremost authorities on constitutional law, are typical of reactions obtained by us. Cole, a professor at Georgetown University law school in Washington, said, “The Bagram story raises serious questions about the Bush administration's unwillingness to be bound by law. The administration chose Guantanamo in the first place because it thought it was a law-free zone. Now that the Supreme Court has said that the administration is actually accountable to legal limits at Guantanamo, it is turning to other avenues to avoid accountability. The only real solution is to conform its conduct to the law, not to continue to evade legal responsibility for its actions.”

Times reporters Tim Golden and Eric Schmitt, who broke the Bagram story, wrote, “Some administration officials acknowledge that the situation at
Bagram has increasingly come to resemble the legal void that led to a landmark
Supreme Court ruling in June 2004 affirming the right of prisoners at Guantánamo to challenge their detention in United States courts.”

They added, “Bagram has operated in rigorous secrecy since it opened in 2002. It bars outside visitors except for the international Red Cross and refuses to make public the names of those held there…From the accounts of former detainees, military officials and soldiers who served there, a picture emerges of a place that is in many ways rougher and more bleak than its Cuban counterpart. Men are held by the dozen in large wire cages, the detainees and military sources said, sleeping on the floor on foam mats and, until about a year ago, often using plastic buckets for latrines. Before recent renovations, they rarely saw daylight except for brief visits to a small exercise yard.”

The Times reported that the detainee population at Bagram rose from about 100 prisoners at the start of 2004 to as many as 600 at times last year, according to military figures, was in part the result of a Bush administration decision to shut off the flow of detainees into Guantánamo after the Supreme Court ruled that those prisoners had some basic due-process rights under United States law.

Bagram has often been described by the U.S. military as a temporary “screening center” from which some detainees would be released and others transferred to Guantanamo Bay, Cuba. But as Guantanamo became a lightning rod for worldwide criticism of Bush Administration detention policies, transfers to Cuba were cancelled.

William Rugh, retired U.S. ambassador to Yemen and the United Arab Emirates, told us that, while he has “no idea if the report is correct,” he believes that “all prisoners held by the United States, whether in Guantanamo or elsewhere, ought to be brought promptly to trial of some kind and afforded the right to be represented by an attorney. If the U.S. government persuades the judge that material evidence to be presented at the trial is legitimately classified, the trial could be closed to the public but there should be a trial.”

The views of the U.S. human rights community were typified by Deborah Pearlstein, Director of the U.S. Law and Security Program for Human Rights First, a major advocacy group. She told us, “Apart from the ongoing harms to human rights, one of the most remarkable features of the U.S. detentions at Bagram and elsewhere is that four and a half years after September 11, the Administration continues to hold nearly 15,000 detainees worldwide without rights recognized under any domestic or international legal regime, and without a plan for how it might begin detaining people legally in what the Administration now calls the ‘long war’ going forward.”

And Amnesty International USA told us, “Because of on-going and unresolved reports of torture and ill-treatment at Bagram Air Base, we continue to assert the necessity for open and honest investigations of all prisoner abuse cases and renovations of current prison facilities. We are concerned about reports that the base has been expanding in its current form, primarily because practices of secrecy such as the restriction of access to the International Committee of the Red Cross and the denial of detainee's rights are still known to be prevalent there.”

Noah S. Leavitt, an attorney who has worked with the International Law Commission of the United Nations in Geneva and the International Court of Justice in The Hague, took issue with the U.S. military's chief spokesman in Afghanistan, who is quoted as saying the U.S. is “providing the best possible living conditions and medical care in accordance with the principles of the Geneva Convention.”

That statement, Leavitt charged, “highlights the Administration's ignorance of or cavalier attitude toward long-established international law.”

He added, “The world will always be in catch-up mode when it comes to investigating, discovering and challenging the many ways the Bush Administration has undermined international legal norms. Just as they did for Guantanamo, concerned lawyers, journalists and researchers will have to figure out how to gain access to Bagram in order to bring the harsh treatment of the prisoners to the attention of the U.S. judicial system and the international community before any improvements are seen.”

Leaders of the religious community have also weighed in on the Bagram issue. George Hunsinger, McCord professor of theology at Princeton Theological Seminary and coordinator of Church Folks for a Better America, told us, “America must lead by example. If we continue to shame our country through secret prisons, torture and abuse, the world will no longer look to us as a beacon of hope, but as a dungeon of despair. The only way to defeat terrorism is by upholding our ideals not by trampling on them.”

Meanwhile, in a related development, a new round of reviews of the Guantánamo Bay detainees is set to begin, but attorneys say the U.S. government is flouting military and international law by preventing any meaningful consideration of proposed evidence and denying information to the detainees' lawyers. Experts from the Center for Constitutional Rights (CCR), which is currently overseeing 450 pro-bono attorneys representing the detainees, expressed “outrage about this violation of due process” and pointed to a new federal court decision vindicating their calls for transparent and fair hearings.

Last week, a U.S. District Judge ordered the Defense Department to release the names of hundreds of Guantanamo detainees and uncensored transcripts of their hearings by March 3.The CCR called the ruling “a major blow to the government's attempts to maintain total secrecy over its detainment process”. The Pentagon has said it will comply.

It is difficult to know whether the Bush Administration’s penchant for shooting itself in the feet is the result of incompetence or arrogance. After Abu Ghraib and Guantanamo, the Pentagon should have learned that getting out ahead of bad news is far better than waiting for its inevitable disclosure by the press. That’s Public Relations 101!

Monday, February 27, 2006

DEATHS IN U.S. CUSTODY

By William Fisher

A senior U.S. military commander has branded as ‘propaganda’ a new report from a major human rights advocacy group charging that of the 98 detainees who have died in U.S. custody in Iraq and Afghanistan since August 2002, 34 are suspected or confirmed homicides, another 11 suggest that death was a result of physical abuse or harsh conditions, but only 12 deaths have resulted in punishment of any kind for any U.S. official.

The remark was made by Brigadier General Mark Kimmett, the Central Command deputy commander for planning and strategy in Iraq, regarding a report by Human Rights First, which charged that in close to half the deaths surveyed by the organization, the cause of death remains officially undetermined or unannounced. Overall, eight people in U.S. custody were tortured to death.

The report, entitled “Command’s Responsibility”, says that of the 34 homicide cases so far identified by the military, investigators recommended criminal charges in fewer than two thirds, and charges were actually brought (based on decisions made by command) in less than half.

While the CIA has been implicated in several deaths, no CIA agent has faced a criminal charge, the report says, adding, “Among the worst cases -- detainees tortured to death – only half have resulted in punishment and the harshest sentence for anyone involved in a torture-related death has been five months in jail.”

The exchange with Gen. Kimmett occurred at a press conference in Iraq. The question was:

“General Kimmett, there's a human rights organization today in the States called Human Rights First. They said that around 100 detainees from Afghanistan and Iraq have died in the prisons. What's your comment on this?”

The response from Gen. Kimmett was: Well, my comment is that's propaganda; it's not correct.”

Gen. Kimmett went on to say, “I would defer to the Department of Defense, who would more than happy to give you all the information regarding the number of situations inside the detention centers in which people have died and for whatever reason.”

HRF reports that Admiral John Hutson has sent Kimmett a personal letter with a copy of the report, urging that he rethink his public remarks

Among the report’s other findings: Commanders have failed to report deaths of detainees in the custody of their command, reported the deaths only after a period of days and sometimes weeks, or actively interfered in efforts to pursue investigations; investigators have failed to interview key witnesses, collect useable evidence, or maintain evidence that could be used for any subsequent prosecution; record keeping has been inadequate, further undermining chances for effective investigation or appropriate prosecution; overlapping criminal and administrative investigations have compromised chances for accountability; overbroad classification of information and other investigation restrictions have left CIA and Special Forces essentially immune from accountability; agencies have failed to disclose critical information, including the cause or circumstance of death, in close to half the cases examined; effective punishment has been too little and too late.

Charging that there is an “accountability gap”, HRF says closing it will require “a zero-tolerance approach to commanders who fail to take steps to provide clear guidance, and who allow unlawful conduct to persist on their watch.”

The report recommends that the President, as Commander-in-Chief, “move immediately to fully implement the ban on cruel, inhuman and degrading treatment (known as the McCain Amendment) passed overwhelmingly by the U.S. Congress and signed into law on December 30, 2005”.

It also demands that “the President, the U.S. military, and relevant intelligence agencies should take immediate steps to make clear that all acts of torture and abuse are taken seriously – not from the moment a crime becomes public, but from the moment the United States sends troops and agents into the field”.

Congress, the report suggests, “should at long last establish an independent, bipartisan commission to review the scope of U.S. detention and interrogation operations worldwide in the ‘war on terror’. Such a commission could investigate and identify the systemic causes of failures that lead to torture, abuse, and wrongful death, and chart a detailed and specific path going forward to make sure those mistakes never happen again. The proposal for a commission has been endorsed by a wide range of distinguished Americans from Republican and Democratic members of Congress to former presidents to leaders in the U.S. military. Human Rights First urges Congress to act without further delay.”

In response to our question, Deborah Pearlstein, Director of HRF’s U.S. Law and Security Program, said the Pentagon’s detention policies have repeatedly been criticized by military lawyers and health officials, but their objections have largely been ignored.

Most recently, it was revealed that one of the Pentagon's top civilian lawyers repeatedly challenged the Bush administration's policy on the coercive interrogation of terror suspects, arguing that such practices violated the law, verged on torture and could ultimately expose senior officials to prosecution.

Mora's campaign underscores how contrary views were often brushed aside in administration debates on the subject.

"Even if one wanted to authorize the U.S. military to conduct coercive
interrogations, as was the case in Guantánamo, how could one do so without
profoundly altering its core values and character?" Mr. Mora asked the
Pentagon's chief lawyer, William J. Haynes II, in a 22-page memorandum.

The Pentagon has declined to comment on specific assertions in Mr. Mora's memorandum.

"Detainee operations and interrogation policies have been scrutinized under a microscope, from all different angles," a spokesperson said. "It was found that it was not a Department of Defense policy to encourage or condone torture."

The HRF report notes that “It is difficult to assess the systemic adequacy of punishment when so few have been punished, and when the deliberations of juries and commanders are largely unknown. Nonetheless, two patterns clearly emerge and are documented in Command’s Responsibility: (1) because of investigative and evidentiary failures, accountability for wrongdoing has been limited at best, and almost non-existent for command; and (2) commanders have played a key role in undermining chances for full accountability.”

It adds, “In dozens of cases documented in the report, grossly inadequate reporting, investigation, and follow-through have left no one at all responsible for homicides and other unexplained deaths. Commanders have failed both to provide troops clear guidance, and to take crimes seriously by insisting on vigorous investigations. And command responsibility itself – the law that requires commanders to be held liable for the unlawful acts of their subordinates about which they knew or should have known – has been all but forgotten.”

After dozens of cases of prisoner abuse over the past several years, including the deaths HRF is reporting, the Pentagon must be totally tone-deaf to think it can dismiss all these claims as “propaganda” and maintain any credibility whatever.

This is not just more spin. It is the Kabuki theater of the absurd.

Bush, Jews and Hamas

By William Fisher

On the heels of the surprise victory of Hamas in the Palestinian parliamentary election, President George W. Bush is discovering just how difficult it is to try to herd a bunch of cats.

Some members of his ordinarily supportive Jewish-American pro-Israel constituency are distinctly unhappy that Bush insisted on holding on-time elections, producing what they consider to be disastrous results. Others are suspicious that, despite his rhetorical assurances not to have anything to do with terrorists, he has left the door a bit ajar and may be pressured by his European and Arab allies into resorting to realpolitik. Mirroring the sentiments of the Israeli right-wing, powerful groups like the American Israel Public Affairs Council (AIPAC) want that door slammed shut until Hamas agrees to recognize Israel’s right exist and renounces violence.

And U.S. fundamentalist groups on the Christian right, which have been strong supporters of Israel of late, take pretty much the same view as their more hawkish Jewish-American counterparts.

These groups are vital constituencies in Bush’s base. Both have lots of influence in the White House and in the House and Senate and, with Congressional elections due next November, could make the President’s life almost as complicated as dealing with Hamas.

A further complication is that the Jewish community in the U.S. is far from homogenous. As in Israel, American Jewry has a smaller, less well financed, but increasingly vocal left wing.

Emblematic of this faction is Brit Tzedek v'Shalom, the Jewish Alliance for Justice and Peace. This national organization of American Jews is headed by Marcia Freedman, a former member of the Knesset. It is committed to a negotiated two-state solution to the Israeli-Palestinian conflict. It says many American Jews share this perspective, but are reluctant to express themselves for fear they may bring harm to Israel and the Jewish people. And it has rejected the knee-jerk “no play-no pay” approach of the U.S. House of Representatives.

While saying it is “deeply troubled” by the Hamas victory because its charter calls for the destruction of Israel, and its resort to terror and violence that target innocent civilians, it is urging the Bush Administration “to maintain a cautious approach to the new Palestinian government, so as to preserve the future possibility of bringing Israelis and Palestinians back to the negotiating table.”
.
In a letter to President Bush signed by, at last count, 100 prominent rabbis, the group points out that the Palestinians conducted a free, fair, and democratic election, “something that is still too rare in this region”. It calls on Hamas to
"recognize Israel, disarm, reject terrorism, and work for lasting peace", but also calls on Bush to embark upon “constructive engagement” with the new Palestinian government, to encourage “moderates such as President Mahmoud Abbas and sustain the ceasefire that has allowed for relative calm over the past year”.

The rabbis caution that deterioration in the plight of Palestinians “only increases support for extremism, which, in turn, endangers Israel.” They urge “continued funding for indirect assistance to the Palestinian people via NGOs, with the appropriate conditions to ensure that it does not reach the hands of terrorists.” They exhort the President “to leave open the door for those Palestinians who are committed to working for a negotiated, two-state resolution of this conflict.”

The nightmare scenario for this branch of American Jewry is that if the U.S. and the E.U. shut off funding for the Palestinian Authority, the PA will turn to Iran and to other anti-Israel Muslim states for resources.

At a time when Bush is preparing to start broadcasting into Iran, reaching out to Iranian students to come to the U.S., and planning financial support for Iranian pro-democracy NGOs, the emergence of an Iranian hegemon in Palestine looms as a major migraine.

The Bush Administration is also concerned that rejecting a freely-elected Hamas government will confirm the widely held perception that the U.S. is all for elections, providing they produce the result it wants. That would do further damage to the credibility of America’s crusade to promote freedom and democracy in the Middle East – already in dangerously parlous condition in Iraq and elsewhere in the neighborhood. It is also likely to enhance the influence of Islamist political movements throughout the region and constrain America’s allies in the “Global War on Terror.”

The Bush Administration, along with the even more generous European supporters of “a new, improved” Palestinian Authority, clearly misread the temperature of Palestinian voters. But whether Palestinians voted for “terror” or for “change” is now irrelevant. The West is stuck with the facts on the ground. The election of Hamas was another stick in the eye of the Bush agenda.

Now, the so-called Quartet can move cautiously toward engagement or it can open the door for Iran to plant its flag deeply into Palestinian consciousness.

Which leaves the U.S. and its European friends with no good options at all. To implement a policy of “trust but verify”, Bush desperately needs all of American Jewry, plus the pro-Israel right-wing Christians, to present a supportive united front. This constituency is a major influence on the Government of Israel.

But, given the fractious rivalry of ideologies between these groups, it is far from a slam-dunk to think he’ll get it.

Saturday, February 25, 2006

Shed Your Addiction: Beyond Mere Survival in the American Dystopia

By Jason Miller



1984 has come to pass, both chronologically and in the Orwellian sense. Americans are “liberators” in Iraq. Opponents of this “peace initiative” are “doubleplusungood”. Unchecked by the judiciary, the NSA electronically trolls for perpetrators of “crimethink”. Pundits and the “liberal media” (owned by a handful of monolithic corporations despised by people with the values which many define as liberal) have become the Ministry of Truth for the Party.



I recently witnessed Bill O’Reilly as he delivered a blistering verbal castigation to his “guest” because the man opposed America’s imperial occupations and war crimes in the Middle East. In the next breath, O’Reilly expressed his sympathy and compassion for the victims of 9/11. Ironically, the victim of O’Reilly’s abusive tirade had lost his father in the collapse of the WTC. Outfoxed, the source of this nauseating display of hatred and hypocrisy, has indeed portrayed an extremely dangerous entity. What truly scares me is that Fox News is only a symptom of a much greater malignancy.



Via Fox, the Bush Regime streams steady doses of its “opiate to the masses” via a distribution network reaching 85 million cable subscribers. Fox and most other mainstream media entities are the syringes mainlining the mind-altering, psychosis-inducing propaganda munificently showered upon Americans by the Party. Social Darwinists comprising the Party, including major corporate shareholders and executives, Israeli interests, the military industrial complex, plutocrats, the power players of the Religious Right, and intellectual elites hold the Great Beast (us “commoners”) at bay with a powerfully addictive state of being called the American Dream.



It is indeed a Brave New World. As many Americans somnambulate through their existence, they are virtually oblivious and indifferent to the profound human misery which must occur in order for a tiny fraction of humanity to experience the American Dream. When (or if) their Soma fix finally wears off, I suspect they will be ready to chew off their own arms to escape the disease-ridden whores with whom they have unwittingly climbed into bed. Mirroring Hitler’s Germany, this nation of “decent, God-fearing” people is pledging allegiance to a murderous regime. Are the comfort of conformity and the safety of loyalty to the Empire worth the price of one’s soul?



America’s ruling class has created a scintillating facade to hide its dystopia, assuring the Great Beast that we all have the right and the means to attain the looks of a Victoria's Secret model, the money of a Donald Trump, and the athletic ability of a Michael Vick. Infomercials, work from home schemes, plastic surgery, hypnosis, and myriad other avenues to instant success and immediate gratification abound amongst the virtually infinite number of hollow pursuits littering the spiritually barren landscape of the United States. Those who fall short of the “American ideal” simply need to continue upping their dose American Soma. If that fails and they fall victim to the ravages of unbridled addiction, spiritual emptiness, poverty, despair, self-hatred, or anorexia, they can simply end their misery with a drug overdose or a shotgun blast to the face. America’s predator class, the pushers of the opiate of the masses, is not concerned with the suffering they inflict. In their zeal to appease the triumvirate they worship (power, money, and narcissistic desires), the “chosen ones” of our society do not hesitate to sacrifice the rights, dignity, sanity and even lives of hundreds of millions of innocent human beings. After all, if they come from amongst the rabble of the Great Beast, how can they be truly human and why would their anguish or death matter?



Huxley’s Soma had "all the advantages of Christianity and alcohol; none of their defects." The Soma dispensed by the ruling class in the United States is a noxious concoction comprised of many ingredients, including Christianity and alcohol. From birth, Americans begin receiving daily hits of Ameri-Soma from their parents, teachers, Scoutmasters, pastors, and other adults who have themselves been seduced by the alluring power of the American Illusion. Pledging allegiance to the flag, praying to the "one true god" of Christianity, and genuflecting to embodiments of "real men" like John Wayne, Americans are socially conditioned to believe in the righteousness of their masters’ cause. Our nobles desperately need the majority of their serfs to believe that the United States manifests the human pinnacle of democratic ideals, morality, courage, and leadership. And to deal with external skeptics (internal doubters will likely be in the cross-hairs soon), the power brokers of America spend $600 billion a year to maintain a military force bristling with sufficient weaponry to destroy the Earth many times over. Plutocrats and Neocons are not interested in humanitarian spending or saddling themselves with the mere mortal constraint of living within their means. Global hegemony for themselves (and their masters in Israel) is their ultimate goal, regardless of the cost in lives or public money.



Further insulating America’s ruling elites from the conflagration which would ignite were the masses to awaken is the insatiable American compulsion to shop and consume conspicuously. With the advent of easy credit, ubiquitous super stores open 24 hours, and pay day loans, “buy now and pay later” has become as American as baseball and apple pie.



Alcohol, gambling, cigarettes, and pornography are but a few of the legal and readily available vehicles Americans use to self-medicate. For those wanting something more intense, a plethora of street drugs are within easy reach, providing the ruling class the opportunity to keep the black male population in check and to perpetuate their increasingly profitable prison industrial complex.



Television is the portal into which the Great Beast can gaze to experience the American Dream vicariously without lifting a finger (beyond the one changing the channels). Twenty four hour entertainment, “companionship”, and “news” from the Ministry of Truth are readily at our disposal. A marvel of modern technology has become the nexus of the components of Ameri-Soma, the uber-drug that keeps the Great Beast submissive, tame, and intellectually stunted.



Perhaps it is human nature for a few to hoard power and resources to the detriment of the many. Once can witness a consistent pattern of such behavior throughout history, at least in the "more advanced" cultures. Yet as Scott Peck so aptly noted in The Road Less Traveled, defecating in one's pants and the absence of dental hygiene are aspects of human nature at birth, but most people learn the unnatural acts of utilizing toilets and toothbrushes. One of the most beautiful aspects of humanity is that unlike animals, people are not enslaved by their nature. Human beings can evolve. However, most of humanity has chosen to readily accept the shackles of the ruling class. Historically, the Great Beast has been domesticated, tamed and manipulated in a variety of ways. Brute military force, manipulation by religious entities and institutions, propaganda, and careful restriction of knowledge are but a few of the tactics employed by monarchies, tyrants, Popes, and generals throughout history.



At first blush, the United States appears to be the haven for freedom and human rights portrayed in legend, lore, and the propaganda of its school textbooks and media. However, if one can awaken from the drunken stupor induced by America-Soma, or if one happens to be a resident of another nation besides Israel or Great Britain (the only two nations still deluded enough to truly ally themselves with the United States), the many headed hydra of the American Dystopia reveals its truly abhorrent nature. Lord Acton conveyed truth when he wrote that "power tends to corrupt and absolute power corrupts absolutely." Despite its cleverly constructed image of a benevolent super-power, those ruling the United States are more corrupt than the power elite of any nation, including those in Bush's alleged "Axis of Evil". Due to its power, military might, and rogue leadership, the United States has also become the world's most significant threat to the perpetuation of life on Earth.



Most Americans still do not realize that they are enslaved to the ruling elite, a group with a savage, relentless devotion to avarice, the blind pursuit of money, and the domination of Earth's people and resources. Under the Bush Regime, the mask of civility, morality, and democracy has slipped to the point that the hideous visage of raw capitalism and imperialistic ambition is almost completely exposed. Yet somehow, as over a hundred thousand lie dead in Iraq, the Patriot Act strips our civil liberties, the wealth gap widens to a chasm, Big Brother has been caught watching (and is unrepentant), billions of dollars are wasted on occupations of sovereign nations, habeas corpus disappears, America engages in torture regularly, property rights precede human rights, and a major city lays in ruins due to the willful neglect of a government charged by the Constitution with promoting the general welfare, many Americans still cannot, or will not, dare to even glimpse at the lurid countenance of evil leering at them from Washington.



Like a swarm of locusts, Social Darwinists have descended upon our nation and are rapidly devouring the fruits of our labor. Resembling leeches, these parasites drain the life-blood of America and return nothing. Acting as virulent strains of previously undiscovered illnesses, these pathogens have infected a nation filled with the promise and potential envisioned by Thomas Paine. The resulting disease has reduced the United States to a wheezing, gasping tyrant nearly on economic life support. This once admirable nation flails almost blindly as it wields the only real power it has left like a bludgeon, dispatching its awesome military on imperial errands and acts of revenge (against the wrong people) under the pretense of humanitarian intervention. Employing quick sound bites, propaganda packaged as gospel, tantalizing distractions, the lure of easy money, and a highly insular environment, these sociopathic plunderers have hijacked America. Their reckless piloting is destined to result in a disaster of Biblical proportions. America’s rulers view the world as their playground. Recess is in session and the schoolyard bullies have seized control. They kidnapped the school-yard monitor, have stolen the lunch money, are taunting and beating the weak, and are playing kickball with the class misfit’s head.



This doesn’t have to stand. America has exhibited true greatness in the past. Think of the American Revolution, the Declaration of Independence, and the Constitution. This is the nation that spawned the Abolitionist Movement. The powerful Labor Movement arose in the Twentieth Century and claimed unprecedented rights and protections for the working class. The Civil Rights Movement made powerful gains for minorities and the oppressed. Women won the right to vote. Populists made strides for farmers and the working class. Anti-war protestors broke the will of the military industrial complex to continue their genocidal “pacification” of the Vietnamese. Progressives have been a significant force for social changes to benefit humanity since the 1890’s. There are still champions for the oppressed in America and spiritually enlightened values are woven into the fabric of our culture.



We the People have a choice. We can bend to the will of the hectors who have stolen the soul of our nation or we can follow the example of our predecessors and work vigorously to reclaim our humanity. Borrowing the words of a blue blood of American aristocrats, Nancy Reagan, I say it is time to “just say no” to Ameri-Soma. Actually, Lady Nancy’s statement was grossly over-simplified. In addition to saying no, one also needs to replace the behaviors associated with the addiction. Might I be so bold as to make some suggestions to counter the effects of withdrawal from this powerful drug, and to propose some means of coping with the loss of the false feeling of security it imbues?



Join or support an NGO like the Human Rights Watch or Amnesty International. Boycott dehumanizing corporations like Wal-Mart. Conserve resources, recycle, and drive as economical a car as you can afford. Support and vote for individuals who have genuine concern for humanity, like Lynn Woolsey, John Conyers, Ralph Nader and Dennis Kucinich (assuming they do not die under “mysterious circumstances” like Paul Wellstone). If you choose to support a specific political party, explore those outside the corrupt Duopoly, both of which represent the interests of the ruling class. Refuse to enable the ruling elite’s addiction to war by declining to join the military, hence depriving them of additional cannon fodder.



Embody the Golden Rule to the extent that it is humanly possible. Embrace cultural, racial, sexual, and religious diversity. Read some books by Noam Chomsky and Howard Zinn to cleanse your mind of the elite’s polluted version of historical, social and political issues. Educate yourself and your children beyond the warped world perspective portrayed by the media and our public education system. Participate in your child’s education by teaching them to think critically and dig far beneath the surface. Live within your means and avoid credit card debt like the plague. Demand and support justice for the oppressed; peace will follow justice. Donate your time and money to truly compassionate and humane causes (as much and as often as you are able). Take personal responsibility and act as honestly as humanly possible in your affairs. Through non-violent action, press for social justice, human rights, dignity and peace.



In the end, the prognostications of martial law, “re-education” camps for dissidents, the collapse of the American economy triggered by crushing debt and the Iranian oil bourse, massive unemployment, the successful elimination of the remains of our Constitutional republic, and the relegation of the Great Beast in the United States to Third World conditions may ring true. So as you pour sugar in the tank of the engine powering the American Empire by refusing your daily dose of Ameri-Soma, do not relinquish your Second Amendment rights. Someday, the members of the Great Beast may need to exercise our inalienable right to self preservation. If it comes to this, there will be activity in the streets, but it will not be dancing.



In the future, I may be writing to you from behind concertina wire, or I might meet you there. Who can truly predict? However, if we happen to meet under those circumstances, at least our souls will be at rest knowing that we pursued social justice and human rights in the face of abject evil.



Jason Miller is a 39 year old activist writer with a degree in liberal arts. When he is not spending time with his wife and three sons, researching, or writing, he is working as a loan counselor. He is a member of Amnesty International and an avid supporter of Oxfam International and Human Rights Watch. He welcomes responses at willpowerful@hotmail.com or comments on his blog, Thomas Paine's Corner, at http://civillibertarian.blogspot.com/.

Check Your Conscience at the Door: We're Building an Empire

By Jason Miller

Blaring its typical jarringly cacophonous morning radio jabber, the suddenly welcome sound of my alarm rescued me from the maelstrom of a nightmarish Neocon world spawned within my unconscious mind. As consciousness flooded my being, I had an epiphany. My breed of human being is a pariah in the American Empire. In the minds of the Regime's loyal foot soldiers (the Neo-Tories of the Twenty First Century) American society is waging a domestic war between those they define as liberals and those they qualify as conservatives. Since 9/11, Fox News and the Bush Regime have brain-washed them into believing that terrorists and their sympathizers are lurking around every corner, poised to infect them with a lethal virus, slice them with box cutters or obliterate them with a suicide bomb. In the black and white perspective of the Neo-Tories, you are with us or against us. If you do not fit into their narrow and misguided notion of conservatism, you must be a "liberal". The American media/propaganda machine (which the Empire's power moguls have brilliantly portrayed as "liberal" to obfuscate the fact that six corporate conglomerates own 90% of the mainstream media market) has sharply defined the “treasonous”, “ineffectual” nature of "liberals", portraying them as soft on crime, sympathetic to those demonic terrorists, Socialists and Communists, immoral, and militarily weak.

Masters of delusion

To their credit, Israel, AIPAC, the Bush Regime, powerful families (with names like Koch), the numerous multi-millionaires in Congress, powerful lobbyists, think tanks, major corporations, and the 1% of Americans who harbor 38% of the nation's wealth have done a phenomenal job of convincing a majority of the poor and working class that they are fortunate to have the privilege of fighting over the remaining crumbs of the economic pie after the ruling elite gorge themselves. Despite the 13% of Americans living in poverty, 46 million without health insurance, and approximately 3 million homeless wandering our streets, the gallimaufry ruling the United States according to the Golden Rule (he that hath the gold maketh the rules) has artfully convinced "Main Street" that it "doesn't get any better than this". The Empire's Neo-Tories boast that capitalism and the free market are "kicking ass" while Communism and Socialism have been relegated to the dustbin of history. (Obviously they have not been paying much attention to South America lately). With "free market" think tanks like Cato Institute (funded by “humanitarian-environmentalists” like Charles Koch) to provide the propaganda (sorry, I meant to say research), there is virtually no end to the "evidence" supporting the "benefits" of government deregulation of businesses and corporations.

Unfortunately, I was born with a social conscience and a powerful aversion to tyranny. My strong support of universal human rights and dignity, social justice, equality, peace, and protection of the environment has led me to dissent vehemently against the American Empire. My strenuous objections to the widening wealth gap, the state terrorism committed by the United States and Israel, corporate abuse of consumers, employees and the environment, egregious violation of international law by the US (including torture on a wide scale), obscene hypocrisy concerning nuclear capacities, rapidly diminishing civil liberties, insane expenditure of our tax dollars for military purposes, and the rapid consolidation of power into the Executive Branch have earned me the brand of "liberal".

Now is the time for the Neo-Tories to make the sign of the cross, reach for their garlic, brandish their vile of holy water, and invoke incantations from Ann Coulter. In so doing, they are certain to vanquish the lot of us weaklings who stand in the way of the true “progress” which will only occur once the Empire dedicates itself fully to the concept of survival of the fittest. Remember, Hitler eradicated the Socialist/Communist scourge as he rose to provide us with a viable sociopolitical model encompassing gross intolerance, cruel injustice, imperial conquest, genocide, and overt concentration of power in the hands of the elites.

In my poignant moment of clarity, I decided it was time for me (and others like me) to surrender our fatuous devotion to childish notions of fairness and equality. The Neocons and their Neo-Tory bootlicks possess an unwavering commitment to domination that will enable them to lead the American Empire (unfettered by weaknesses like compassion and empathy) to its true destiny: global hegemony. How could I have been so blind to the truth that the many must suffer so the few can prosper? It is an inescapable aspect of the human condition. Only 250,000 Iraqi civilian have died for the noble cause of spreading freedom and democracy (wink, wink; nudge, nudge). In the process, we have also taught those filthy Middle Easterners that we will not tolerate them selling their oil for Euros and we have established the 52nd state of the union (to complement the 51st state formed through the genocide of the Palestinians). Never mind that the Machiavellian and illegitimate Bush Regime has reduced the value of the Constitution to that of toilet paper (albeit it would probably be too rough even for that purpose).

Bury the efforts and sacrifices of Women's Suffragists, Populists, Progressives, organized labor and civil rights activists! Join the Neo-Tories in a Twenty First Century renewal of fealty to King George! William Kristol, Robert Kagan and the Empire-building signatories of the PNAC had the cajones to announce America's intentions to dominate the world. We owe it to them to make their wet dream a reality....

Imagine a nation unfettered by the silly constraints of conscience, the rule of law (over the whims of individual rulers), humanity, and justice! My mind is reeling in orgasmic delight at the virtually infinite array of possibilities. America has the potential to become an empire like no other. Envision endless hedonistic orgies, mountains of blood-drenched cash harvested from the Neo-colonies, uninhibited rape and plunder of the world’s resources, obscene exploitation of the billions of human beings not fortunate enough to inhabit the “Empire proper”, and military domination by air, sea, land and space. Sign me up to help make it happen!

In the wake of my startling realizations, I finally began seeing the light as I envisioned the American Empire as it should be. Thankfully, I have come to my senses and will cease my frivolous pursuit of inane ideals that don’t create wealth, advance technology, dominate other human beings, provide immediate gratification, or satiate carnal desires.

This is America, baby! Shut up and swear allegiance to the Flag, the Dollar, the Corporatocracy, and to the Regime.

Taking off the mask (and the gloves)

It has become too cumbersome to carry on the charade of democracy. Staging two consecutive fraudulent presidential elections, maintaining a Congress which has evolved into a rubber-stamp for the Regime, and giving the populace access to a court system packed with ideologues who eagerly await the opportunity to endorse the Empire's edicts have effectively enabled tyranny under the guise of democracy. However, these unnecessary hindrances have become obsolete. Besides, if we are to rescue Scott McClellan from eternity in Malebolge, it is time that the Bush Regime comes out of the closet and simply issues its own version of the Enabling Act.

As President-elect George Bush stated on 12/18/00:

"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator."

Let's not keep him waiting any longer! Stop haranguing him about wire-tapping without FISA approval. Implement Patriot Act II. Embrace torture as an acceptable and necessary means of expanding the Empire by breaking its alleged enemies and dissenters. Habeas corpus and Posse Comitatus are antiquated impediments to domestic tranquility. They must be eliminated.

One of my co-workers recently asserted that everyone who disagrees with the policies of the Regime needs to be rounded up and shot. I agree. We need to implement a nation-wide dragnet to capture subversives, dissidents, liberals, war protesters, and the remaining scum whose treasonous activities retard the Empire's progress. A bullet is a hell of a lot cheaper than a prison cell. We have plenty of bullets; let's put them to use.

The Business of America is Business

Calvin Coolidge, a visionary president who recognized the necessity of laissez-faire economic policies, knew what America was about. It is time we got back to our roots by removing quaint ethical, legal, and moral constraints on businesses. American society reached the peak of its evolution during the Gilded Age. Let's reclaim that glory.

Corporations and business magnates have been hamstrung by archaic laws long enough. Let's truly free the free market. Unshackle the movers and shakers of our capitalist economy and the American Empire will blow the doors off the rest of the world. We are only consuming 25% of the world's resources now. America needs to buckle down and significantly increase its share of the world's bounty. Since the other 97% of the world's population is comprised of terrorists, savages, Socialists, non-Christians, and non-Caucasians, they need to yield to the moral imperative of the Christian God and further enrich the American Empire.

Minimum wages, Child Labor Laws, mandatory extra pay for so-called "overtime", legislation prohibiting discriminatory hiring practices and sexual harassment, and ridiculous protections for the disabled need to go. Our children have too much free time on their hands; idle hands do the work of the devil. Blacks and other minorities need to buck up and deal with it if Whites feel uncomfortable hiring them. Women need to develop a thicker skin and realize that sometimes keeping their job requires a little "extra effort". If someone is blind or wheelchair-bound, we have no obligation to accommodate their weaknesses.

Clean air and water are luxuries Americans can no longer afford. Endangered species need to go the way of the Dodo if they can't hack it anymore. The Bible clearly defines man's dominion over this planet. If Mother Earth has a problem with the way we are treating her, she can take it up with the Man Upstairs.

End the Gravy Train

Entitlements are a waste of our precious resources. Medicare, Medicaid, WIC, food stamps and the rest of those nauseating Socialistic programs must go. If someone doesn't have money, it is time they got a job. Those of us who work and pay taxes owe the lazy and weak nothing. Can't find a job or the money you need for basic necessities? Tough. If God had intended for you to survive, he would have given you the attributes and resources to do so.

Shedding our puerile concerns for the plight of the poor, the elderly, and the disabled will enable us to focus more of our resources where they belong. The $600 billion a year we spend on defense represents a mere 60% of world military expenditures. What self-respecting imperial entity would settle for such a miniscule piece of the pie? Exempting the military, the Department of Homeland Security, and the other offices of the Executive Branch necessary to rule the Empire, it is time to follow Grover Norquist's brilliant advice and start running the bath water.

Like the one in Jericho, this wall must come down...

A crucial aspect the American Empire lacks is the marriage of church and state. A tyrannical Bush Regime wedded with the powerful elements of the Religious Right and Dominionists would empower the "iron men" to rid our society of harlots and sinners like Hester Prynne.

We are a Christian nation. Muslims, Hindus, Wiccans and other followers of unenlightened religions need to convert or face harsh consequences, including crucifixion, stoning, or if we are feeling lenient, simple expulsion from our nation. Homosexuality, prostitution, abortion, and atheism will be punishable by death. Blasphemy will result in surgical removal of the tongue. Adultery will be grounds for severe torture involving the genitals. Women and children will again subjugate themselves to the masters of our nation, their husbands and fathers.

Religion will return to the public square. Those who refuse to say Merry Christmas will be flogged until they lose consciousness. Prayer will be mandatory at all public events and non-participants will receive severe beatings. Failure to attend church on a consistent basis will result in assignment to re-education centers. A government entity analogous to the IRS will oversee the collection of mandatory tithes. Those caught cheating the Church will have their hands severed. A Ministry of Decency will monitor all forms of media and stage mass public bonfires to eliminate profane, pornographic, and blasphemous materials.

The Church of the Empire will be jointly administered by members of the Bush Regime and such Christian luminaries as Jerry Falwell, Pat Robertson, James Dobson, and Tim LaHaye. To prevent the Empire's bounty from going to waste in a heavily tithed society with Puritanical laws, the segments of the populace comprising the ruling elite (including the Church leadership) will be exempt from their own edicts. "Do as I say and not as I do" will be the order of the day.

It is time for the "Culture of Life" to prevail in the United States.

Whoring girls and women who become pregnant out of wedlock deserve to be butchered at the hands of back-alley abortionists. And as for the abandoned or abused children arising from unwanted pregnancies, they will provide a ready supply of cheap labor once we eliminate those hopelessly idealistic Child Labor Laws.

Perpetual war to expand our sphere of influence is the only way to ensure American dominance over the rest of the world. To hell with concern for the murder of innocent civilians. Those individuals are merely "collateral damage" for which we cannot be held responsible. They just happened to be in the wrong place at the wrong time. Better luck next time. Besides, when we murder, we are morally and legally justified because our terrorism is committed in uniform and for the cause of “freedom”. Hopefully Hamas will not discover our secret and start putting uniforms on their freedom fighters.

The Empire's work in Iraq is only beginning. Permanent military base completion, generous dispensation of depleted uranium and white phosphorus, murder, mayhem, and environmental devastation will keep us busy for a few more years. Once we have secured Iraq and the precious oil, we can take a serious look at Iran. While there are several compelling reasons to refrain from attacking Iran today, once we bring the nation of Iraq to its knees (regardless of the cost), we can set our sights on another member of the Axis of Evil. In the interim, we will further solidify our strategic position in the Middle East through our unflinching support of Israeli genocide against the malevolent Palestinians. They made their bed by electing Hamas. Now they must lie in it. Unless Hamas quietly acquiesces to the ongoing rape of its people, we will teach them obedience. We will not rest until the vermin infesting the West Bank and Gaza are servile or dead.

We can stem the tide of the ongoing threat from our subhuman black population by stepping up implementation of the death penalty. Since public lynchings are no longer an option, state murders need to become public events once again. We know that black males in particular have natural criminal inclinations, so we need this powerful deterrent to keep their savage tendencies in check.

Embryonic stem cell research must not take place. Blastocysts are human lives, whether they have been implanted in a womb or not. We need to appropriate federal funding for funerals and proper burials for those tiny human beings discarded by fertility clinics. God mandates that we deter the murderers who want to use these precious little children for their evil scientific experiments.

Finally, to keep the citizens of the Empire complacent and fulfilled, we will continue to burnish unbridled consumption into their psyches. Alluring advertising from Madison Avenue, easy credit, and the commercialization of virtually every aspect of our culture (we will even have to desecrate our sacred Christianity a bit, but such is the nature of an imperial dynasty) will prompt consumers to power the engine of America's economy.

Mirroring our spiritual bankruptcy, our people and our government will revel in false riches derived from borrowed money we can never hope to repay. But who will challenge the most powerful nation on the planet? If China calls our notes due, we will simply incinerate them with the space weapons we will have developed.

You think the American Empire is hubristic, xenophobic, cruel, avaricious, and murderous? You're right. As Aldous Huxley wrote:

"The propagandist's purpose is to make one set of people forget that certain other sets of people are human."

Many Americans forgot that many other sets of people were human long ago. They checked their consciences at the door and are building an empire. Join me in letting go of the delusional belief that you can stop them. Resistance if futile. Accept your fate and surrender gracefully.

To the glory of Washington!

Excuse me now while I wretch and vomit profusely. Once I purge the toxins of imperial fantasy from my being, I will resume my dissent. In spite of my tenacious efforts, I was unable to divorce myself from my conscience. It looks like I won’t be swearing allegiance to the American Empire any time soon.

Jason Miller is a 39-year-old activist writer with a degree in liberal arts. When he is not spending time with his wife and three sons, researching, or writing, he is working as a loan counselor. He is a member of Amnesty International and an avid supporter of Oxfam International and Human Rights Watch. He welcomes responses at willpowerful@hotmail.com or comments on his blog, Thomas Paine's Corner.

Friday, February 24, 2006

DEATH IN U.S. CUSTODY

By William Fisher

A major human rights advocacy group is charging that of the 98 detainees who have died in U.S. custody in Iraq and Afghanistan since August 2002, 34 are suspected or confirmed homicides, another 11 suggest that death was a result of physical abuse or harsh conditions, but only 12 deaths have resulted in punishment of any kind for any U.S. official.

In close to half the deaths surveyed in a new report by Human Rights First, the cause of death remains officially undetermined or unannounced. Overall, eight people in U.S. custody were tortured to death.

The report, entitled “Command’s Responsibility”. says that of the 34 homicide cases so far identified by the military, investigators recommended criminal charges in fewer than two thirds, and charges were actually brought (based on decisions made by command) in less than half.

While the CIA has been implicated in several deaths, no CIA agent has faced a criminal charge, the report says, adding, “Among the worst cases -- detainees tortured to death – only half have resulted in punishment and the harshest sentence for anyone involved in a torture-related death has been five months in jail.”

Among the report’s other findings: Commanders have failed to report deaths of detainees in the custody of their command, reported the deaths only after a period of days and sometimes weeks, or actively interfered in efforts to pursue investigations; investigators have failed to interview key witnesses, collect useable evidence, or maintain evidence that could be used for any subsequent prosecution; record keeping has been inadequate, further undermining chances for effective investigation or appropriate prosecution; overlapping criminal and administrative investigations have compromised chances for accountability; overbroad classification of information and other investigation restrictions have left CIA and Special Forces essentially immune from accountability; agencies have failed to disclose critical information, including the cause or circumstance of death, in close to half the cases examined; effective punishment has been too little and too late.

Charging that there is an “accountability gap”, HRF says closing it will require “a zero-tolerance approach to commanders who fail to take steps to provide clear guidance, and who allow unlawful conduct to persist on their watch.”

The report recommends that the President, as Commander-in-Chief, “move immediately to fully implement the ban on cruel, inhuman and degrading treatment (known as the McCain Amendment) passed overwhelmingly by the U.S. Congress and signed into law on December 30, 2005”.

It also demands that “the President, the U.S. military, and relevant intelligence agencies should take immediate steps to make clear that all acts of torture and abuse are taken seriously – not from the moment a crime becomes public, but from the moment the United States sends troops and agents into the field”.

Congress, the report suggests, “should at long last establish an independent, bipartisan commission to review the scope of U.S. detention and interrogation operations worldwide in the ‘war on terror’. Such a commission could investigate and identify the systemic causes of failures that lead to torture, abuse, and wrongful death, and chart a detailed and specific path going forward to make sure those mistakes never happen again. The proposal for a commission has been endorsed by a wide range of distinguished Americans from Republican and Democratic members of Congress to former presidents to leaders in the U.S. military. Human Rights First urges Congress to act without further delay.”

In response to a question from IPS, Deborah Pearlstein, Director of HRF’s U.S. Law and Security Program, said the Pentagon’s detention policies have repeatedly been criticized by military lawyers and health officials, but their objections have largely been ignored.

Most recently, it was revealed that one of the Pentagon's top civilian lawyers repeatedly challenged the Bush administration's policy on the coercive interrogation of terror suspects, arguing that such practices violated the law, verged on torture and could ultimately expose senior officials to prosecution.

Mora's campaign underscores how contrary views were often brushed aside in administration debates on the subject.

"Even if one wanted to authorize the U.S. military to conduct coercive
interrogations, as was the case in Guantánamo, how could one do so without
profoundly altering its core values and character?" Mr. Mora asked the
Pentagon's chief lawyer, William J. Haynes II, in a 22-page memorandum.

The Pentagon has declined to comment on specific assertions in Mr. Mora's memorandum.

"Detainee operations and interrogation policies have been scrutinized under a microscope, from all different angles," a spokesperson said. "It was found that it was not a Department of Defense policy to encourage or condone torture."

The HRF report notes that “It is difficult to assess the systemic adequacy of punishment when so few have been punished, and when the deliberations of juries and commanders are largely unknown. Nonetheless, two patterns clearly emerge and are documented in Command’s Responsibility: (1) because of investigative and evidentiary failures, accountability for wrongdoing has been limited at best, and almost non-existent for command; and (2) commanders have played a key role in undermining chances for full accountability.”

It adds, “In dozens of cases documented in the report, grossly inadequate reporting, investigation, and follow-through have left no one at all responsible for homicides and other unexplained deaths. Commanders have failed both to provide troops clear guidance, and to take crimes seriously by insisting on vigorous investigations. And command responsibility itself – the law that requires commanders to be held liable for the unlawful acts of their subordinates about which they knew or should have known – has been all but forgotten.”

Which reminds me that “Command Responsibility” ought to begin with the Commander-in-Chief.

REMEMBER RENDITION?

By William Fisher

A few months ago – particularly after The Washington Post broke the story of secret U.S. “black sites” in Eastern Europe – it would have been difficult to pick up a newspaper or watch television without hearing the words “extreme rendition”.

Then, almost as suddenly as the issue appeared, it vanished. The world’s press stopped focusing on the U.S. practice of sending detainees to countries where they would likely be tortured or abused.

Last week, the rendition issue was back, but not in a way likely to please its opponents.

Rendition returned when a U.S. federal court dismissed a lawsuit against the Bush administration brought by Ottawa engineer Maher Arar, a Syrian-born Canadian citizen who was detained by U.S. authorities as a suspected terrorist during a stopover in New York as he returned from a vacation in September 2002. He was held virtually incommunicado by U.S. officials, and then sent to Syria, where he said he was tortured and held in a tiny cell he likened to a "grave" for nearly a year. He was never charged before Syria returned him to Canada.

Brooklyn District Court Judge David Trager cited the need for national security and secrecy in making his decision, but also raised the possibility of Canadian complicity in the decision to send Arar to Syria.

As in other recent cases, the U.S. government asserted the "state secrets" privilege, arguing the lawsuit must be dismissed because allowing it to proceed would necessarily involve the disclosure of sensitive information that would threaten national security or diplomatic relations if made public.

"The need for much secrecy can hardly be doubted," Trager wrote in an 88-page judgment. "One need not have much imagination to contemplate the negative effect on our relations with Canada if discovery were to proceed in this case and were it to turn out that certain high Canadian officials had, despite public denials, acquiesced in Arar's removal to Syria."

Canadian officials have always denied complicity in the decision to send Arar to Syria after he was held in U.S. custody for 13 days, but Arar said Justice Dennis O'Connor, who is examining the role Canadian officials played in the affair, should make special note of the judge's comments.

Arar also vowed he would never give up his quest to reverse the "evil'' done against him. "If the courts will not stop this evil act, who is going to stop this administration? Where do we go? The United Nations? We — me and others who have been subjected to this — are normal citizens who have done no wrong.”

He said, "They have destroyed my life. They have destroyed other lives. But the court system does not listen to us. The court system is what distinguishes the West from the Third World. When a court will not act because of `national security,' there is no longer any difference between the West and the Third World." His lawyers said they would continue the fight.

In Canada, Justice O'Connor is expected to issue an interim report next month.

The Arar suit was the first court test of the Bush administration policy of "extraordinary rendition," a practice often referred to as the outsourcing of torture.

Critics of the practice said the U.S. court’s decision gives Washington a green light to continue its practice of sending terrorist suspects to third countries where they could be tortured.

Arar's is just one of a number of well-documented cases in which suspects have been shipped to third countries with dubious human rights records where interrogation methods outlawed in the U.S. can be used.

In his decision, Judge Trager acknowledged Arar's fears of torture in Syria were real and cited the U.S. State Department's own report on human rights abuses there.

But he said such decisions were beyond the realm of his court. "A judge who declares on his or her own ... authority that the policy of extraordinary rendition is under all circumstances unconstitutional must acknowledge that such a ruling can have the most serious of consequences to our foreign relations or national security or both," he wrote.

The U.S. and other countries that practice extreme rendition often hide behind what critics call “the fig leaf of diplomatic assurances”. This means the rendering government asks the receiving government to promise not to torture or abuse prisoners.

But, critics say, documented evidence shows such assurances to be a sham. According to Dr. Beau Grosscup, professor of international relations at California State University and an expert on terrorism, “Diplomatic assurances are trumped by the military, police and intelligence 'counter-insurgency' programs that the two Cold War superpowers instituted and still run in many of these countries that train police and military personnel in torture.” Grosscup says, “The real attitude driving the 'rendition' efforts is: ‘Having paid to train them in torture, why not get our monies worth’.”

Ron Daniels, Executive Director of the Center for Constitutional Rights (CCR), a legal advocacy group based in New York which is helping in Arar’s defense, told IPS, “Torture is against the law in the United States. The Bush administration should not be attempting to avoid the laws of this country by sending people to be tortured over seas where other countries will do their dirty work out of the public eye. This is a barbaric practice with no place in the 21st Century.”

A Justice Department official said the ruling pleased the government.

At least one other rendition lawsuit has been filed in U.S. courts. Khaled Al-Masri, a German citizen born in Lebanon, took a bus from Germany to Macedonia, where Macedonian agents confiscated his passport and detained him for 23 days, without access to anyone, including his wife.

He says he was then put in a diaper, a belt with chains to his wrists and ankles, earmuffs, eye pads, a blindfold and a hood. He was put into a plane, his legs and arms spread-eagled and secured to the floor. He was drugged and flown to Afghanistan, where he was held in solitary confinement for five months before being dropped off in a remote rural section of Albania. He claims it was a CIA-leased aircraft that flew him to Afghanistan, and CIA agents who were responsible for his rendition to Afghanistan.

U.S. Secretary of State Condoleezza Rice has defended the practice of rendition, saying it was a vital tool in the war on terror. But Ms. Rice said the U.S. does not "send anyone to a country to be tortured."

"The United States has not transported anyone, and will not transport anyone, to a country when we believe he will be tortured," she said. "Where appropriate, the United States seeks assurances that transferred persons will not be tortured."

However, on a trip to Europe shortly after making these comments, Secretary Rice admitted to German Chancellor Angela Merkel that the rendition of Al-Masri was “a mistake”.

Does this mean renditions will not stop?

I wouldn't count on it!