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An article on the issue of prosecuting members of the Bush administration for war crimes and the possibility of a massive general pardon from Bush. The article is from Salon.
Obama's plans for probing Bush torture
President Bush could pardon officials involved in brutal interrogations -- but he may also face a sweeping investigation under the new president.
By Mark Benjamin
Nov. 13, 2008 |
With growing talk in Washington that President Bush may be considering an unprecedented "blanket pardon" for people involved in his administration's brutal interrogation policies, advisors to Barack Obama are pressing ahead with plans for a nonpartisan commission to investigate alleged abuses under Bush.
The Obama plan, first revealed by Salon in August, would emphasize fact-finding investigation over prosecution. It is gaining currency in Washington as Obama advisors begin to coordinate with Democrats in Congress on the proposal. The plan would not rule out future prosecutions, but would delay a decision on that matter until all essential facts can be unearthed. Between the time necessary for the investigative process and the daunting array of policy problems Obama will face upon taking office, any decision on prosecutions probably would not come until a second Obama presidential term, should there be one.
The proposed commission -- similar in thrust to a Democratic investigation proposal first uncovered by Salon in July -- would examine a broad scope of activities, including detention, torture and extraordinary rendition, the practice of snatching suspected terrorists off the street and whisking them off to a third country for abusive interrogations. The commission might also pry into the claims by the White House -- widely rejected by experienced interrogators -- that abusive interrogations are an effective and necessary intelligence tool.
A common view among those involved with the talks is that any early effort to prosecute Bush administration officials would likely devolve quickly into ugly and fruitless partisan warfare. Second is that even if Obama decided he had the appetite for it, prosecutions in this arena are problematic at best: A series of memos from the Bush Justice Department approved the harsh tactics, and Congress changed the War Crimes Act in 2006, making prosecutions of individuals involved in interrogations more difficult.
Instead, a commission empowered by Congress would have the authority to compel witnesses to testify and even to grant immunity in exchange for information. Should a particularly ugly picture emerge, the option of prosecutions would still theoretically be on the table later, however unlikely.
In Obama's camp, there is a sense among some that such a commission would essentially mean letting Bush get away with crimes. "People have called for criminal investigations," one person familiar with the talks told me this summer as plans got under way. On Wednesday, a person participating in the talks confirmed that some people involved in the planning felt strongly that the commission would amount to "bullshit" and that Bush officials should be prosecuted to the full extent of the law.
But few think prosecutions are realistic, given the formidable legal hurdles and the huge policy problems competing for Obama's attention. Among them is the complicated task of closing down the military prison at Guantánamo Bay, which Obama advisors say is a priority. Some observers outside the Obama camp are also questioning how much Democrats really want exposed with regard to interrogation, since top Democrats in Congress were briefed in secret on some of the harshest tactics used by the CIA and appear to have done little, or perhaps nothing, to stop them.
Further complicating the Obama team's planning is uncertainty about what President Bush might do. On the one hand, a blanket pardon for anyone involved in the interrogations could be viewed by the public as a tacit admission of colossal wrongdoing -- after years of public denial -- which would do nothing to help Bush's tarnished legacy. Yet, if the administration fears an investigation will follow Bush out the door in January, they may not want to leave officials exposed to potentially revealing criminal proceedings. Bush might seek to frame a blanket pardon as a preemptive strike against wrongheaded, partisan retribution.
Constitutional scholars say a pardon of this kind would be an unprecedented move -- the prospective pardon of not just individuals but entire categories of people, perhaps numbering in the thousands, for carrying out the president's orders , which the White House has argued all along were legal.
Those scholars agree, however, that Article II of the Constitution gives Bush much latitude: There is no authority that can stop the president from doing so if he wishes, and there is no outside check or balance to revisit such a decision, however controversial it may be. "The president can do with pardoning power whatever he wants," explained University of Wisconsin Law School professor Stanley Kutler. "It is complete and plenary unto itself."
A blanket pardon from Bush could cover, for example, anyone who participated in, had knowledge of, or received information about Bush's interrogation program during the so-called war on terror. Not only are there potentially too many people to name without risking missing somebody, but some of the names are presumably classified.
"The classic pardon is an identifiable individual; here you are talking about potentially thousands of people involved in illegal activities," explained Jonathan Turley, a professor at George Washington Law School. A blanket pardon of this variety, Turley said, "would allow a president to engage in massive illegality and generally pardon the world for any involvement in unlawful activity."
There are, in fact, some constitutional scholars who believe a pardon might actually facilitate more complete participation in a fact-finding commission, by removing the threat of looming liability. "Holding people accountable is certainly nice, but in terms of healing the country and moving forward, so is actually getting a clear picture of what happened and letting the public make an informed decision," said Kermit Roosevelt at the University of Pennsylvania Law School. "If we had a pardon followed by something like a truth and reconciliation commission, that might not be such a bad outcome." (Roosevelt represents a detainee held at Guantánamo.)
The politics of it would be fraught with danger, however, and could so blemish Bush's legacy that some doubt he would go so far. "A pardon is an admission of guilt," noted Donald Kettl, a political science professor at the University of Pennsylvania. Bush has argued for years that his interrogation program was perfectly legal. With a pardon, Kettl said, Bush is essentially saying, "Gee, maybe we did not do the right thing."
It is not entirely unprecedented for a president to grant a pardon based on a category of behavior, rather than pardoning an individual by name. The day after his inauguration, President Carter pardoned all those who avoided the Vietnam draft by failing to register or by fleeing to Canada. George Washington pardoned participants in the 1794 Whiskey Rebellion. Andrew Johnson pardoned Confederate soldiers in 1865.
But these were pardons designed to foster reconciliation, handed out to categories of individuals who acted on their own conscience, rather than the president's own allegedly illegal orders. "This would be a different deal completely," explained Kettl. "It would be anticipating that people thought the official policy of the administration was wrong."
-- By Mark Benjamin
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five more weeks of uni.
as much as i'm enjoying these classes- and i am, i really am- i'll be SO glad not to be obligated outside the house 7 days a week. i really really like being home.
that said, i'm getting itchy feet again. my spring is going to be devoted to getting my finances and my body in even better shape. i've been working and saving, and i'm proud of what i've accomplished, but now come my student loans to pay off and that's going to be a change. also, i've been eating MUCH better than i have in years and years (and i was eating pretty ok, the last 3-4 years) but it's time to get regular exercise, find out what's going on with this hip, and work on being fit and having decent stamina by my 60th birthday (god, am i going to be 60 in 2011? hand me that calendar, will you? *stares*).
i ALSO have a bunch of non-uni reading to do, a rather large storage of useful-but-no-longer-necessary-to-me things to go through and pass on (yes! freecycle.org) and a garden to get going on.
i ran into one of my favorite instructors from the nursing program today. it seems i will have the record of taking the longest- maybe second-longest -length of time to graduate from the RN-to-BSN program at my uni of any student in its history to date. she said today she REALLY wants me to invite her to my graduation. i've been on the fence about walking graduation, but something she said gives me the confidence to do it.
funny, how the right word from someone i respect and know cares about how i do can change everything.
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I've mentioned before, I think, about this book about Hans Christian Andersen I found while in San Francisco (of which there are now a very few, not very good pictures, which may or may not be posted at some point).
I enjoy the writer's style- it's a style I grew up with- aspired to!- and find both involves me in the reading and informs me about the subject, while gently showing me ways to improve my own writing. I am equally delighted to know that while she was researching this book- published in 1965- I was pursuing an interest in Denmark which, sadly, had to be laid aside on the precipice of adult life and was not to be picked up again until a few years ago- but I feel as though I can open this book and continue on directly from where I stopped, and that is soothing and happy-making beyond belief, because it feels like I am buying back lost time.
I am parceling it out, this book- it's a reward for finishing a section of uni work. Instead of inhaling it, of moving in and being carried along, I'm journeying with Andersen, walking pace, carriage at the fastest, and it's a wonderful respite from car/uni/television news.
This bit I'm going to share with you tonight (particularly for the struggling writers on my FL, of whatever level of skill or attainment, published or not, in whatever field- fanfiction, academia, journalism) struck me for several reasons: the foreshadowing of a later friendship, perceived by intuition before it became fact. An insightful piece of advice that is no-nonsense, straightforward, and compassionate. And the advice itself, which I find calming for me and which I hope is of some use or value to some of you in your endeavours.
"As a boy of fourteen, newly arrived in Copenhagen, Andersen had once seen Thorvaldsen, who was then visiting his native land. Recognizing him in the street from his pictures, Andersen had taken off his hat to him. Thorvaldsen walked on a few pace, then stopped, turned back, and asked the boy, 'Where have I seen you before? I seem to think we two know each other.' When Andersen later reminded him of this incident, Thorvaldsen smiled, pressed his hand, and said, 'Yes, I must have had a feeling that we two should be friends. ' Thorvaldsen was a leonine character who was popularly supposed to have once told a rival, 'Tie my hands behind my back and I will bite the marble better than you can chisel it,' and he took an immediate liking to his young countryman and gave him excellent advice. He fully understood Andersen's dread of the pedagogic criticism to which he was subjected in Copenhagen and told him: 'Never let that sort of thing touch you. Feel your own strength. Don't be led by public opinion. Go quietly ahead. Peace of mind is essential to creative work. You are unfortunate in needing a public, but this is something the public must never be made aware of, otherwise one becomes prey to its whims. I know what they are like at home. It would have been no better for me had I stayed there. I might have been prevented from working from the nude. Thank goodness I don't need them. If one needs them they know how to torment and irritate one.'"
The Wild Swan: the life and times of Hans Christian Andersen
by Monica Sterling. Harcourt Brace & World, New York. 1965 As always, lots of love, and blessings on your heads. Bertel Thorvaldsen and links to his works here: a general links list and here: images.
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ok, this is right. Johnny Depp, Colin Farrell, and Jude Law to donate salaries from movie role to daughter of Heath Ledger:
( Read more... )
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in general, in pediatric medicine, we say that "kids have good hearts."
sometimes there's an inborn problem that's apparent at birth; sometimes there's an inborn problem or an infectious process like rheumatic fever or Kawasaki's that leaves behind damage that doesn't show up until adolescence (my grandson had Kawasaki's- he's got an annual appointment with a pediatric cardiologist until he turns 18.)
but mostly, kids have good hearts. so, as in 'my' girl's case, they're ticking along pretty well right up until the last minute, because the heart just keeps going.
she was awake all day yesterday, occasionally smiling; slept all night [very shallow breathing, but regular] and woke this morning stil smling for her sister.
if this were in a PICU with all the monitors, i would be slowly seeing the numbers of various thing change, but there are no machines to distract us- just a comfortable chair with a footstool and a warm blanket between their two beds, and [for me, when i get there] the slow procession of the earth under the stars toward dawn.
last fall, when her sister was so ill and in hospital. we had a morning routine- we'd listen for the lawnmower men over at the golf-course next door, and read Walt Whitman's poem.
Walt Whitman (1819–1892). Leaves of Grass. 1900.
In Cabin’d Ships at Sea
1
IN cabin’d ships, at sea,
The boundless blue on every side expanding,
With whistling winds and music of the waves—the large imperious waves—In such,
Or some lone bark, buoy’d on the dense marine,
Where, joyous, full of faith, spreading white sails, 5
She cleaves the ether, mid the sparkle and the foam of day, or under many a star at night,
By sailors young and old, haply will I, a reminiscence of the land, be read,
In full rapport at last.
2
Here are our thoughts—voyagers’ thoughts,
Here not the land, firm land, alone appears, may then by them be said; 10
The sky o’erarches here—we feel the undulating deck beneath our feet,
We feel the long pulsation—ebb and flow of endless motion;
The tones of unseen mystery—the vague and vast suggestions of the briny world—the liquid-flowing syllables,
The perfume, the faint creaking of the cordage, the melancholy rhythm,
The boundless vista, and the horizon far and dim, are all here, 15
And this is Ocean’s poem.
3
Then falter not, O book! fulfil your destiny!
You, not a reminiscence of the land alone,
You too, as a lone bark, cleaving the ether—purpos’d I know
not whither—yet ever full of faith, 20
Consort to every ship that sails—sail you!
Bear forth to them, folded, my love—(Dear mariners! for you I fold it here, in every leaf;)
Speed on, my Book! spread your white sails, my little bark, athwart the imperious waves!
Chant on—sail on—bear o’er the boundless blue, from me, to every shore,
This song for mariners and all their ships. 25
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Thank you all for the good wishes and good thoughts for 'my' girls and their family, and for me.
I'll update again when there is something to say- I need to respect the family's privacy- will only say that Hospice is involved, and with luck she will be at home when the time comes.
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Passing on a request from the Cheyenne River Sioux Indian Reservation in South Dakota
*HELP*NOT ENOUGH DRESSES*MAY HAVE TO CANCEL* 100 Dresses needed by Monday *
Hey lovely ladies (and gentlemen)-
We all remember how important prom was. Unfortunately many of the girls on my friend Spring's reservation, the Cheyenne River Sioux Indian Reservation in South Dakota, do not have resources for Prom.
So the Teen Center on the reservation started "Passion for Fashion" where the collect dresses, then the girls get to "shop" for Prom.
Unfortunately there have not been enough donations this year, and they may have to cancel. They need to know by the end of this week if they can collect 100 more dresses. So if you can help, please RSVP with specifics.
Please forward to others (especially college and high school gals who may have some goodies from last year.)
NEEDED:
*formal dresses (new or gently used. all sizes, up to 24)
*formal shoes
*make up
*accessories
*shoes
*evening bags
DEADLINES:
*MAILED BY: MONDAY MARCH 24
*PROM "SHOPPING": Week of March 31
MAILING ADDRESS:
Cheyenne River Youth Project
"Passion for Fashion"
P.O. Box 410 E Lincoln Street
Eagle Butte, SD 57625
Phone: 1-605-964-8200
Fax: 1-605-964-8201
Email: info@lakotayouth.org
Click here for last year's Passion for Fashion pix
http://www.lakotayouth.org/
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Because I will be taking Political Science, and Critical Thinking this Spring Term, some things in my FL and around and about. (Sorry, no lj-cut today ;))
1) The gay rights meme: I dislike the wording of it [posted it last year, and had the wording pointed out to me then- a lot to think about since then]. Suffice to say my son's gay, and I do worry about his rights being restricted because of that.
2) Rudeness in LJ and other places: reading someone's journal is like anything else voluntary: You're free to leave, anytime. No need to flame them, email rude things, or start a brawl in comments. Save your sanity, and just leave.
3) notes from all over:
About the US elections:
from ![[info]](http://www.insanejournal.com/img/userinfo.gif) ithiliana13: Gloria Steinem and Melissa Harris-Lacewell on race and gender in presidential politics. Ithiliana says: "Steinem has not done enough to think about racism and intersectional theory, and it shows."
from ![[info]](http://www.insanejournal.com/img/community.gif) dark_christian: Mike Huckabee, the Constitution, and 'God's Standards' "(excerpt)[Some of my opponents] do not want to change the Constitution, but I believe it's a lot easier to change the constitution than it would be to change the word of the living God, and that's what we need to do is to amend the Constitution so it's in God's standards rather than try to change God's standards," Huckabee said, referring to the need for a constitutional human life amendment and an amendment defining marriage as between a man and a woman. (thanks to zorya_speaks) from The New York Times : Dennis Kucinich battles for your right to hear all the candidates, so you can make up your own mind. about US policyUS Joint Chief of Staff would like to see Guantánamo shut down (thanks to nverland and she_gollum for surfacing the story and for keeping Gitmo front and center in my thinking). About thinking:from circe_tigana: A discussion (not stated truths) about the Cassie Edwards/Signet Publishing plagiarism situation, and secondarily, as Circe says, "a case study in the evolution of a created newstory in the internet age i[which] can't be beat." (linked with permission). The Fallacy of NeutralityPlagiarism is a Community IssueThe New P&P: Professionalism and Plagiarism, a not so classic tale of romance. [A woman who, oh, 35 years ago, I took care of in daycare (and am still in contact with), is now a romance and sci-fi writer (among many, many other things), so I'm following this with particular interest because it is close to home.] About writing:from penknife: prompts at the potcfest as well as other ficathons are still available!from dorrie6 ! axial_tilt multifandom pg fanfic exchange- today is last day to sign up</a> Movies I recommend, or want to see, and what I'm reading about movies: Alex Gibney's Taxi to the Dark Side; Wonders are Many by Jon Else; Black Light/White Rain: The Destruction of Hiroshima and Nagasaki by Steven Okazaki; Sweeney Todd; Comanche Moon; Women in Film by Jeannie Rose. And what is a long, link-filled post without a present or two? Ocean Surf: timeless and sublime by Dan Gibson (will reupload on yousendit soon); and Kindness, by Naomi Shihab Nye.
Kindness
Before you know what kindness really is
you must lose things,
feel the future dissolve in a moment
like salt in a weakened broth.
What you held in your hand,
what you counted and carefully saved,
all this must go so you know
how desolate the landscape can be
between the regions of kindness.
How you ride and ride
thinking the bus will never stop,
the passengers eating maize and chicken
will stare out the window forever.
Before you learn the tender gravity of kindness,
you must travel where the Indian in a white poncho
lies dead by the side of the road.
You must see how this could be you,
how he too was someone
who journeyed through the night with plans
and the simple breath that kept him alive.
Before you know kindness as the deepest thing inside,
you must know sorrow as the other deepest thing.
You must wake up with sorrow.
You must speak to it till your voice
catches the thread of all sorrows
and you see the size of the cloth.
Then it is only kindness that makes sense anymore,
only kindness that ties your shoes
and sends you out into the day to mail letters and purchase bread,
only kindness that raises its head
from the crowd of the world to say
it is I you have been looking for,
and then goes with you every where
like a shadow or a friend.
~ Naomi Shihab Nye ~
(Words From Under the Words: Selected Poems)blessings on your heads. all of you.
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on a better note: Split This Rock Poetry Festival: Poems of Provocation & Witness
Washington, DC
March 20-23, 2008
Split This Rock
info@splitthisrock.org
Split This Rock Poetry Festival calls poets to a greater role in public life and fosters a national network of activist poets. Building the audience for poetry of provocation and witness from our home in the nation's capital, we celebrate poetic diversity and the transformative power of the imagination. Featuring readings, workshops, panels, contests, walking tours, film, parties, and activism! See the website for the incredible line-up of poets, including Lucille Clifton, Mark Doty, Martín Espada, Sam Hamill, Galway Kinnell, Naomi Shihab Nye, Sonia Sanchez, and many more. Split This Rock is cosponsored by DC Poets Against the War, Sol & Soul, Busboys and Poets, and the Institute for Policy Studies. Split This Rock
Poetry Contest – January 15 Deadline: The contest benefits Split This Rock Poetry Festival. $1,000 awarded for poems of provocation & witness; Kyle G. Dargan will judge. $500 for 1st, $300 for 2 nd, and $200 for 3rd place. 1st place winner will read the winning poem at the festival. The poem will also be published on the festival website at www.SplitThisRock.org. All winners receive free festival admission. $20 entry fee benefits the festival. Postmark Deadline: January 15, 2008. Guidelines for entry: Guidelines for Contests.
Call for Poetry Films – January 30 Deadline: Seeking artistic, experimental, and challenging interpretations of poetry that explore critical social issues. Films up to 15 minutes. Entry fee: $15. Selected films and videos will be screened during the festival's film program. For full guidelines and required entry form: http://splitthisrock.org/film.html
Support Split This Rock, the historic gathering of activist poets: Every dollar you give is tax-deductible through our fiscal sponsor, the Institute for Policy Studies. Just click here: Secure Donations keyand be sure to designate "Split This Rock" as the project you'd like to support. Or send a check payable to "IPS/Split This Rock" to: IPS, 1112 16 th Street, NW, Suite 600, Washington, DC 20036. Many thanks! Your contribution will make a tremendous difference.
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from Perceval Press: We wish our brother Floyd Red Crow Westerman a Continued Good Journey,
and thank him for making our own journeys better by his dignified and wise example. Pilamaya Kola!
Floyd Red Crow Westerman's activism, movie work, and musicianship. Thank you, Floyd, for carrying the fire.
"And I told them not to dig for uranium, for if they did, the children would die. They didn't listen, they didn't listen, they didn't listen to me. And I told them if the children die, there would be no keepers of the land. They didn't listen. And I told them if they destroy the sky, machines would come and soon destroy the land. They didn't listen... And I told them if they destroy the land, man would have to move into the sea. They didn't listen... And I told them if they destroy the sea -- they didn't listen..." -From the Floyd Westerman song "They Didn't Listen" as Westerman recited the lyric concluding his testimony in 1992 at the World Uranium Hearings in Salzburg, Austria. [from Wikipedia]
~~
"...significant portions of the testimony..." from the World Uranium Hearings.
~~
Floyd Westerman on Internet Radio
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Over in LJ zingerella has written a beautiful work on The "Wall of Shit" Theory which I must, in good conscience, put before y'all over here, too.
This says wonderfully well something I know but have been unable to articulate.
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