Bush Confesses to Waterboarding. Call D.C. Cops!

“Why are we talking about this in the White House?” John Ashcroft nervously asked his fellow members of the National Security Council’s Principals Committee. (The Principals were Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, CIA Director George Tenet and Attorney General Ashcroft.)

“History will not judge this kindly,” Ashcroft predicted.

“This” is torture. Against innocent people. Conducted by CIA agents and American soldiers and marines. Sanctioned by legal opinions issued by Ashcroft’s Justice Department. Directly ordered by George W. Bush.

An April 11th report by ABC News describes how CIA agents, asked by previous presidents to carry out illegal “black ops” actions (torture and killings), had become tired of getting hung out to dry whenever their dirty deeds were revealed by the press. When the Bush Administration asked the CIA to work over prisoners captured in Afghanistan, Pakistan and elsewhere, Director George Tenet demanded legal cover. The Justice Department complied by issuing a classified 2002 memo, the so-called “Golden Shield,” authored by Office of Legal Counsel Jay Bybee. “Enhanced interrogation techniques”–i.e., torture–were legal, Bybee assured the CIA.

Tenet was a good boss, a CYA type. He wanted to protect his agents. So he got the Principals to personally sign off on each act of torture.

“According to a former CIA official involved in the process,” ABC reported, “CIA headquarters would receive cables from operatives in the field asking for authorization for specific techniques.” Can we beat up this guy? Can we waterboard him?

The Bushies weren’t otherwise known for dwelling on details. Osama was in Pakistan; they invaded Afghanistan instead. Two years later, he was still in Pakistan. They invaded Iraq. Bush and his top officials still found time to walk through every step of torment a detainee would suffer in some CIA dungeon halfway around the world.

“The high-level discussions about these ‘enhanced interrogation techniques’ were so detailed, [Bush Administration] sources said, some of the interrogation sessions were almost choreographed–down to the number of times CIA agents could use a specific tactic. These top advisers signed off on how the CIA would interrogate top Al Qaeda suspects–whether they would be slapped, pushed, deprived of sleep or subjected to simulated drowning, called waterboarding, sources told ABC news.”

Bush knew.

Not only did he know, he personally approved it. He likes torture.

“Yes, I’m aware our national security team met on this issue,” he confirmed. “And I approved.”

When the U.S. signs a treaty, its provisions carry the full force of U.S. law. One such treaty is the U.N. Convention Against Torture, of which the U.S. is a core signatory. As Philippe Sands writes in his new book “Torture Team:” Parties to the…Convention are required to investigate any person who is alleged to have committed torture. If appropriate, they must then prosecute–or extradite the person to a place where he will be prosecuted. The Torture Convention…criminalizes any act that constitutes complicity or participation in torture. Complicity or participation could certainly be extended not only to the politicians and but also the lawyers involved…”

George W. Bush has publicly confessed that he ordered torture, thus violating the Convention Against Torture. He, Cheney, Rumseld, Rice and the other Principals must therefore be arrested and, unlike the thousands of detainees kidnapped by the U.S. since 9/11, arraigned and placed on trial.

Because the torture ordered by Bush and his cabinet directly resulted in death, they must additionally be charged with several counts of murder. Fifteen U.S. soldiers have been charged with the murders of two detainees at the U.S. airbase at Bagram, Afghanistan in 2002. They were following orders issued by their Commander-in-Chief and his Principals.

One of the Bagram victims was Dilawar, a 22-year-old Afghan taxi driver. “On the day of his death,” reported The New York Times on May 22, 2005, “Dilawar had been chained by the wrists to the top of his cell for much of the previous four days. A guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend…Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned a final horrific detail: Most of the interrogators had believed Mr. Dilawar was an innocent man who simply drove his taxi past the American base at the wrong time.”

At least four detainees have committed suicide at the torture camp created by George W. Bush after 9/11 at Guantánamo Bay. Twenty-five more made 41 unsuccessful attempts to kill themselves. The conditions of their confinement–ordered by Bush and his Principals–constitutes torture. It no doubt prompted their deaths.

If George W. Bush were an ordinary citizen, there can be little doubt that he would face a long prison sentence for the scores of acts of torture he authorized both specifically and generally. Four of the seven white hillbillies charged with the kidnap-torture of a black woman in Logan County, West Virginia are now in jail for at least the next ten years.

If Bush weren’t president, he would face murder charges. The maximum sentence in a federal murder case is death.

If Bush and his co-conspirators are not above the law, if the United States remains a nation where all citizens are equal, they must be arrested and indicted. But by whom?

The Supreme Court has never resolved the question of whether a sitting president can be arrested by civilian authorities. Even if he were charged and convicted, many legal experts say he could issue himself a pardon.

However, leaving the presidency in the hands of an self-admitted torture killer is unacceptable. Congress could ask a U.S. Marshal to arrest Bush as part of impeachment charges. But the ultimate outcome–removing him from office a few months before the end of his term–seems woefully inadequate given the nature of the charges. In any case, Democrats have already said that impeachment is “off the table.”

Bush could be extradited to one of the countries where the torture and murders were committed–such as Afghanistan or Cuba. But he could claim immunity as a head of state.

There is, however, a person who could begin holding Bush and the others accountable for their crimes.

She is Cathy L. Lanier, the 39-year-old chief of D.C.’s Metropolitan Police Department. Chief Lanier, take note: you have probable cause to arrest a self-confessed serial torturer and mass murderer within the borders of the District of Columbia. He resides at 1600 Pennsylvania Avenue. Go get him.

History is calling, Chief Lanier. Your city, and your country, needs you.

COPYRIGHT 2008 TED RALL

Why Is America So Mean?

“The 82nd,” the man ahead of me in the security line at the Kansas City airport said. He was 64 and white, very Hank Hill and not the kind of guy you’d typically see chatting up a skinny 20-year-old Latino dude. But they were both veterans. Common ground is a given.

“I was in the 82nd too,” the kid told the old man. I looked down. The kid’s legs were gone. He was standing on metal. Implausibly and heartbreakingly, white Converses adorned the tips of his prosthetic legs. High tops.

On the other side of the metal detector, I caught up with the young vet (Iraq? Afghanistan?). HomeSec was giving him the whole treatment: arms stretched out, the wand, stern expressions and stupid questions. The wand beeped and beeped. The TSA guy scowled. “I’ve got titanium all the way up my spine,” the kid explained.

You’re kidding me, I thought. After what he’s been through. After what he’s done for his country. I wanted to scream: Bastards! You should wave him around the checkpoint. Here, sir, we’d like to offer you a seat in first class. No, no, no charge.

I bit my tongue. Here in the land of the twee and the craven, I know when to shut up. That’s what we do now. Airports are nodes of high-intensity fascism in a nation settling into authoritarianism lite. Hassle the bastards and you might end up dead. I had a flight to catch, doncha know.

Have we, at long last, any decency?

In one respect, the three remaining presidential candidates say, “Yes, we do.” They’ve promised to close Gitmo.

What ought to happen to the nearly 300 detainees is obvious. Hand each of them an apology, a bag of cash–a million bucks wouldn’t be nearly enough for what they’ve been through–and a plane ticket home. Those who can’t return to their countries of origin because their U.S.-backed dictatorships would murder them receive a penthouse suite in the U.S. city of their choice.

I’d let them switch places with their guards and 300 top-ranking members of the Bush Administration for a couple of days first. No questions asked. Just get on the plane, and don’t forget your bag o’ cash.

Anyway.

Here’s how messed up, how separated from common sense justice the United States of America has become: We might close Gitmo. But we’re keeping the inmates!

“When it comes to closing Guantánamo, talk is cheap,” Columbia law professor Matthew Waxman tells The Los Angeles Times. Because, you see, the U.S. government has violated the victims’ rights so egregiously for so long that there’s no longer a legally appropriate way to process them.

“Especially vexing,” says the paper, “are scores of foreign detainees: Officials lack evidence to prosecute, but warn against setting them free.” It’s an 800-year-old Western legal principle called habeas corpus: you can’t hold a person in custody without charging them. Oh, wait–Bush got rid of that.

“Because there is little evidence against them that could be used in a U.S. court, government officials fear that a federal judge could order them freed,” the Times continues. Heaven forbid that we release people, even if there’s no evidence they’ve done anything wrong. What’s next? Taxing the rich?

“Then you would have 100-plus future sleeper-cell members unleashed in Kansas,” a “midlevel official” told the Times. No grain silo would be safe.

Gitmo inmates have been waterboarded, urinated upon by U.S. soldiers, violently force-fed and driven to suicide. Some of the “dangerous terrorists” (John McCain’s description) were 12 years old when Afghan warlords sold them to U.S. forces for cash bounties. They’ve grown up in Gitmo. When do we finally, at long last, decide that they’ve suffered enough?

Maybe we should just shoot them.

It’s not just foreigners. Even for its own native-born wretches, America couldn’t find a path to fundamental decency if it were lit up like Times Square on New Year’s Eve.

In ancient Rome, executioners abided by a rule: If they failed to hack off your head after three swings of the blade, they set you free. Not here. Men condemned to lethal injection wake up screaming; the guards administer more poisons and barbiturates.

Veterinarians abandoned the three-drug cocktail used to kill inmates in most states because they considered it cruel to animals.

Many death row prisoners are innocent. Sometimes they even manage to prove it before their executions. “At least 205 men and one woman nationwide have been exonerated through DNA evidence since 1989, including 53 who…were convicted of murder,” reports The New York Times. But what happens to those who are set free?

No compensation is enough for someone who serves years in prison for a crime he didn’t commit. But society ought to come up with something.

There ought to be money. Millions and millions of dollars. So much that the victim of a judicial miscarriage never has to work again. It wouldn’t bring back the lost years, the shattered relationships and murdered moments. But it would be a start.

Then again, this is America. We don’t apologize, much less try to pay penance. Here’s $24 and a cheap suit. Too bad about those 15 years. Thank you for playing. Want compensation? Find a lawyer who’ll work for $24 and sue.

Ah, but there’s a catch: you need a law under which to file a lawsuit. 36 of the 50 states have laws that specifically prevent innocent ex-prisoners from going to court to seek the damages they ought to have been given without asking. Twelve of the remaining 14 have limits. (New York and Maryland do not.) California caps total payouts at a stingy $100 a day, up to a maximum of $10,000–even if they lock you up for 20 years by mistake.

As individuals, Americans are generous to a fault. They do the right thing, or at least they try. The disconnect occurs when we express our collective will, through our courts and government officials. Our laws and our politicians are mean, cheap and callous.

COPYRIGHT 2008 TED RALL

High Unemployment and High Inflation Make This Recession Different

“Why is this recession different from almost all other recessions?” asked Herbert Barchoff. The economist, a former president of the Council of Economic Advisers, answered his own question: “This is not only the usual cyclical recession, but also a structural recession.”

Barchoff’s dark assessment appeared in a letter to the editor of The New York Times–in June 1992. Then, like now, Americans were suffering through a long, grinding recession following a boom (under Reagan) that had primarily benefited the wealthy. There were mass layoffs. The real estate market had collapsed. Foreclosures were rampant.

George H.W. Bush, who had expected to coast to reelection on the strength of his near 90 percent post-Gulf War approval ratings, projected a Herbert Hoover-like resolve to not lift a finger to alleviate the misery. The Federal Reserve cut interest rates, but it didn’t help. Six months later, angry voters fired an out-of-touch president who seemed unwilling to fix an economy he didn’t think was broken in favor of a guy who claimed to feel our pain.

Barchoff, it would turn out, was too pessimistic. “To reverse the excesses of the 1980’s,” he wrote, “restructuring has been going on in massive proportions at every level. It is a rare day that newspapers do not report layoffs, often in the thousands in the industrial sector.” What Barchoff didn’t know–few people did–was that the U.S. was about to begin the longest, broadest and biggest period of economic expansion experienced by any civilization in human history.

Downsizing continued in traditional sectors like manufacturing and newspapers. Even during the Clinton boom, millions of people were ruined, forced to declare bankruptcy. Midwestern cities were reduced to rusted-out shells. But none of that mattered to Wall Street. The Internet revolution prompted so much capital investment, and generated so many new jobs–freshly minted college grads thought it perfectly normal to earn $85,000 moving around lines of HTML–that otherwise sane people began talking about a “new paradigm” in which “the old rules no longer apply.”

In other respects, however, Barchoff was prescient. “[The then-new European Community] will substantially hurt our ability to be competitive,” he correctly predicted. “The drop in interest rates is no solution. During the Great Depression the prime rate went to one percent, with no cure. When you are out of work or afraid of losing your job, you do not take on debt. Nor will entrepreneurs borrow even very cheap money unless there is a market.”

The Bush Sr. recession was a grim affair. When I graduated from Columbia in 1991, the university canceled its annual jobs fair due to employers’ lack of interest. But it was a picnic compared to what we’re facing now. Bush Jr. could finally realize Barchoff’s nightmare of a structural recession–the kind of no-way-out shock experienced by Russia after the collapse of the Soviet Union.

“Normal” cyclical recessions feature increased unemployment, which puts downward pressure on prices. You rarely see high unemployment and high inflation at the same time. Conservative economists point to rising inflation during the late 1970s as an exception, but that wasn’t even a downturn, much less a recession. Inflation was high but unemployment was low. Anyway, the inflation didn’t hurt workers; during the Carter years mean wages rose faster than inflation. The opposite is true now. Real income is falling.

The economy has bled 3.1 million jobs since George W. Bush assumed the presidency in 2001, the worst record since the Depression. The official unemployment rate, constantly re-jiggered to make the economy appear more robust, has risen to 5.1 percent. The long-term unemployment rate, which includes people who have had such bad luck looking for work that they’ve given up entirely, has doubled, to over 13 percent.

Meanwhile, inflation is approaching seven percent. Again, that’s the official inflation rate. Your mileage as an average American–who spends a third of your pay on housing and more and more on gas–will vary. But let’s not dwell on the irony of $4-a-gallon gas resulting from a war fought to steal oil.

But wait. There’s even more bad news.

Two-thirds of economic activity is generated by consumer spending. Most people are broke. So much for that two-thirds. “In 2000,” reports David Leonhardt in The Times, “at the end of the last economic expansion, the median family made about $61,000, according to the Census Bureau’s inflation-adjusted numbers. In 2007, in what looks to have been the final year of the most recent expansion, the median family, amazingly, seems to have made less–about $60,500.”

This, says, Leonhardt, is a big deal. “This has never happened before, at least not for as long as the government has been keeping records.” RBC Capital Markets reports that consumer confidence has fallen below 30 percent, an all-time record low. T.J. Marta, a fixed-income strategist at RBC, said: “What confidence? There is no confidence. It’s like 1929.”

If Barchoff had picked up a copy of the San Jose Mercury-News in 1992, he would have read about the birth of the Web revolution, then touted as the “information superhighway.” But there’s nothing like that coming down the pike today. To paraphrase the ever-quotable Donald Rumsfeld, we’re going to have to make do with the economy we have, not the one we wish we had.

Liberal economists like Paul Krugman suggest a rerun of the 1930s, when FDR’s New Deal employed millions to build new infrastructure like dams and bridges. But none of the three remaining presidential contenders is likely to undertake such a thing. “The worst-case scenario” about the 1991 war against Iraq, Barchoff said in 1992, would have been if it had lasted two years and cost an extra $200 billion. Iraq War II, now in its sixth year, is currently pegged at an estimated $3 trillion. Republican John McCain is committed to pouring more trillions into Iraq War II until victory is achieved, i.e., forever. As Democrats wary of being tarnished with the label of “big spender,” both Obama and Clinton will likely place fiscal discipline ahead of expansive new government programs.

There is no short-term fix. In the long term, we must put more money into more people’s pockets. That means higher wages and lower taxes for the poor and middle class. Some of what is needed is easy to see: a more progressive tax code, repealing laws that allow employers to harass and fire those who try to organize unions, nationalizing industries run by vampire capitalists–health insurers, private hospitals, colleges and universities. Banks encourage predatory lending while stifling saving. They ought to be re-regulated. What madness permits them to charge 30 percent on credit cards while paying one percent on passbook savings accounts?

More–much more–is necessary to prevent the wholesale collapse of the U.S. economic system. A maximum wage should be imposed–the highest paid American should earn no more than ten times the lowest paid. I know, I know–none of this will happen. There will be nothing but Band-Aids and lazy rhetoric as we plummet into the abyss. It cannot be otherwise, for our politics are ossified, the media is corporatized, and we the people are dull and apathetic.

COPYRIGHT 2008 TED RALL