Germany seek charges against Rumsfeld for prison abuse sm

Friday, Nov. 10, 2006
Exclusive: Charges Sought Against Rumsfeld Over Prison Abuse
A lawsuit in Germany will seek a criminal prosecution of the outgoing Defense Secretary and other U.S. officials for their alleged role in abuses at Abu Ghraib and Gitmo
By ADAM ZAGORIN

Just days after his resignation, former Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.

The plaintiffs in the case include 11 Iraqis who were prisoners at Abu Ghraib, as well as Mohammad al-Qahtani, a Saudi held at Guantanamo, whom the U.S. has identified as the so-called 20th hijacker and a would-be participant in the 9/11 hijackings. As TIME first reported in June 2005, Qahtani underwent a special interrogation plan, personally approved by Rumsfeld, which the U.S. says produced valuable intelligence. But to obtain it, according to the log of his interrogation and government reports, Qahtani was subjected to forced nudity, sexual humiliation, religious humiliation, prolonged stress positions, sleep deprivation and other controversial interrogation techniques.

Lawyers for the plaintiffs say that one of the witnesses who will testify on their behalf is former Brig. Gen. Janis Karpinski, the one-time commander of all U.S. military prisons in Iraq. Karpinski — who the lawyers say will be in Germany next week to publicly address her accusations in the case — has issued a written statement to accompany the legal filing, which says, in part: It was clear the knowledge and responsibility [for what happened at Abu Ghraib] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld .

A spokesperson for the Pentagon told TIME there would be no comment since the case has not yet been filed.

Along with Rumsfeld, Gonzales and Tenet, the other defendants in the case are Undersecretary of Defense for Intelligence Stephen Cambone; former assistant attorney general Jay Bybee; former deputy assisant attorney general John Yoo; General Counsel for the Department of Defense William James Haynes II; and David S. Addington, Vice President Dick Cheney's chief of staff. Senior military officers named in the filing are General Ricardo Sanchez, the former top Army official in Iraq; Gen. Geoffrey Miller, the former commander of Guantanamo; senior Iraq commander, Major General Walter Wojdakowski; and Col. Thomas Pappas, the one-time head of military intelligence at Abu Ghraib.

Germany was chosen for the court filing because German law provides universal jurisdiction allowing for the prosecution of war crimes and related offenses that take place anywhere in the world. Indeed, a similar, but narrower, legal action was brought in Germany in 2004, which also sought the prosecution of Rumsfeld. The case provoked an angry response from Pentagon, and Rumsfeld himself was reportedly upset. Rumsfeld's spokesman at the time, Lawrence DiRita, called the case a a big, big problem. U.S. officials made clear the case could adversely impact U.S.-Germany relations, and Rumsfeld indicated he would not attend a major security conference in Munich, where he was scheduled to be the keynote speaker, unless Germany disposed of the case. The day before the conference, a German prosecutor announced he would not pursue the matter, saying there was no indication that U.S. authorities and courts would not deal with allegations in the complaint.

In bringing the new case, however, the plaintiffs argue that circumstances have changed in two important ways. Rumsfeld's resignation, they say, means that the former Defense Secretary will lose the legal immunity usually accorded high government officials. Moreover, the plaintiffs argue that the German prosecutor's reasoning for rejecting the previous case — that U.S. authorities were dealing with the issue — has been proven wrong.

The utter and complete failure of U.S. authorities to take any action to investigate high-level involvement in the torture program could not be clearer, says Michael Ratner, president of the Center for Constitutional Rights, a U.S.-based non-profit helping to bring the legal action in Germany. He also notes that the Military Commissions Act, a law passed by Congress earlier this year, effectively blocks prosecution in the U.S. of those involved in detention and interrogation abuses of foreigners held abroad in American custody going to back to Sept. 11, 2001. As a result, Ratner contends, the legal arguments underlying the German prosecutor's previous inaction no longer hold up.

Whatever the legal merits of the case, it is the latest example of efforts in Western Europe by critics of U.S. tactics in the war on terror to call those involved to account in court. In Germany, investigations are under way in parliament concerning cooperation between the CIA and German intelligence on rendition — the kidnapping of suspected terrorists and their removal to third countries for interrogation. Other legal inquiries involving rendition are under way in both Italy and Spain.

U.S. officials have long feared that legal proceedings against war criminals could be used to settle political scores. In 1998, for example, former Chilean dictator Augusto Pinochet — whose military coup was supported by the Nixon administration — was arrested in the U.K. and held for 16 months in an extradition battle led by a Spanish magistrate seeking to charge him with war crimes. He was ultimately released and returned to Chile. More recently, a Belgian court tried to bring charges against then Israeli Prime Minister Ariel Sharon for alleged crimes against Palestinians.

For its part, the Bush Administration has rejected adherence to the International Criminal Court (ICC) on grounds that it could be used to unjustly prosecute U.S. officials. The ICC is the first permanent tribunal established to prosecute war crimes, genocide and other crimes against humanity.

• Germany seek charges against Rumsfeld for prison abuse sm - LVMT
  • Germany, who killed millions of Jews wants to prosecute Rumsfeld. - Lydia
    • Germany didn't kill - EXMQ MT
      • You must not watch much on the History channel. sm - Brunson

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That makes sense. 

So, what goes around comes around.  After a hard week out on that campaign trail attacking Obama right, left and center, seems Sarah has a character issue of her own now to deal with.  Oops!   

The part about Rumsfeld was actually the only part I disagreed with her about because if Rummy wasn't doing exactly what Bush wanted, Bush would have fired him a long time ago.  I believe it's Bush's policies that are the problem.  If he fires Rummy, he will only hire someone else that he can hide behind and let take the heat for his failed war scheme. 

I loved the pig comment, too.  LoL

One of Keith's best moments, IMO.

http://www.crooksandliars.com/

Rumsfeld is full of history (among other substances), but he neglected to share this piece of history with the American majority he criticized.

(I suggest Breaking Up Is Hard To Do as the perfect background music for this.) 

Updated: 8:07 p.m. ET Nov. 2, 2005

WASHINGTON - Nearly 7 million adults were in U.S. prisons or on probation or parole at the end of last year, 30 percent more than in 1995, the Justice Department said Wednesday.

That was about one in every 31 adults under correctional supervision at the end of 2004, compared with about 1 in 36 adults in 1995 and about 1 adult in every 88 in 1980, said Allan J. Beck, who oversaw the preparation of the department’s annual report on probation and parole populations.

Beck attributed the overall rise in the number of people under correctional supervision to sentencing reforms of the 1990s. The nation’s incarcerated population has been increasing for more than 30 years, with sharp growth in the last decade.He said crime rates have fallen in recent years, which helps account for slower growth among people on probation — those allowed to live in the community with some restrictions rather than being incarcerated.

The number of people on probation in 2004 grew by 6,343 to about 4.2 million in 2004, the report said.

Nearly 50 percent of all probationers at the end of last year were convicted of a felony. Twenty-six percent were on probation for a drug-law violation, and 15 percent for driving while intoxicated, said the annual Justice Department report.

Racial imbalance persists in probation
Whites made up 56 percent of the probation population and only 34 percent of the prison population, according to Wednesday’s report and another Justice Department report released last month.

“White people — for whatever reason — seem to have more access to community supervision than African Americans and Hispanics,” said Jason Ziedenberg, executive director of the Justice Policy Institute, which promotes alternatives to incarceration. He called probation a cheaper and more effective form of rehabilitation.

Blacks, he noted, comprised 30 percent of probationers and 41 percent of prisoners at the end of 2004. Hispanics made up 12 percent of the probation population and 19 percent of the prison population

Parolees grew fastest among those under correctional supervision. They are criminal offenders who rejoin society with restrictions for a time after they complete a prison term.

Number of parolees grows
The adult parole population grew 20,230, or 2.7 percent, during the year, more than twice the average annual increase of 1.3 percent since 1995, the report said. The total number of parolees at the end of 2004 was 765,355.

Beck said a late 1990s spike in prison populations is now showing up in the number of parolees, as the number of prisoners released rises.

The parole population grew during 2004 in 39 states, with double-digit growth in 10 states, led by Nebraska’s 24 percent increase. The number of people on parole decreased in nine states and didn’t change in Maine.

About 187,000, or 39 percent of discharged parolees went back to prison or jail in 2005. While the number has grown, the rate has held relatively stable since 1995, when 160,000, or 39 percent of discharged parolees returned to incarceration.

The total number of people incarcerated in the United States grew 1.9 percent in 2004 to 2,267,787 people, according to the report released last month.

It may be time for the US to close its military bases in Germany and shift them to Poland and the new East European democracies. They are far better allies and understand the importance of freedom and liberty.

WASHINGTON - Lawyer Patrick Murphy and five other veterans of the Given their experience in Iraq, the six Democrats in Pennsylvania, North Carolina, Maryland and Virginia say they are eminently qualified to pose the tough questions. Their reservations mirror public opinion, with an increasing number of Americans expressing concern about the mission and favoring a timetable for withdrawal of U.S. troops.

The most recent Associated Press-Ipsos poll showed only 37 percent of Americans approve of Bush's handling of Iraq, with 62 percent disapproving.

This summer, Democrat Paul Hackett, an Iraq war veteran, nearly defeated Republican Jean Schmidt in a special election in an Ohio district considered a GOP stronghold. Hackett focused on his wartime experience and his opposition to Bush's policies.

On Monday, with support from Senate Minority Leader Harry Reid, D-Nev., and other party leaders, Hackett decided to seek a higher office, the Senate seat now held by two-term Republican Mike DeWine, said spokesman David Woodruff.

Some guys don't think it's time to question our government, but the fact is I love my country, said Murphy, 31, who fought with the 82nd Airborne Division. We need to have an exit strategy now.

While fighting in Iraq, a private asked then-Capt. Murphy why U.S. forces were in the Persian Gulf nation and was told it didn't matter; there was a job to do and just try to return home safely.

That wasn't the time to question our government, Murphy recalled.

Murphy is challenging first-term Rep. Mike Fitzpatrick, a Republican in the northern Philadelphia suburbs of the 8th District.

Another Iraq war veteran, Texas Republican Van Taylor, is also running for a House seat, but he backs President Bush.

In 1974, public outrage over the Watergate scandal and Republican President Richard M. Nixon's administration swept a class of reform-minded Democrats into office. It's too soon to measure the impact of the war on the 2006 elections, but the handful of veterans pursuing seats in the House is an early indicator.

The Democratic veterans walk a fine line as they reach out to voters who may question Bush's handling of the conflict. The task is to challenge the administration while still being seen as patriotic.

David Ashe, who spent most of 2003 working as a Marine judge advocate general in Iraq, chooses his words carefully when asked whether the United States should have invaded.

There's no reason to Monday morning quarterback the decision, said Ashe, 36, who is trying to unseat first-term Republican Rep. Thelma Drake in Virginia's 2nd District. I would say we're in the right position to succeed. Whether or not we're going to get that success remains to be seen.

Although they often talk tough about the Bush administration, some of the candidates don't fit the typical anti-war image, said Charles Sheehan-Miles, executive director of Veterans for Common Sense.

They really want to help the Iraqi people and see the mission through, and they think we're losing because of stupid mistakes made at the senior leadership level, Sheehan-Miles said.

Historically, war experience has added to a candidate's credibility. As many as 70 percent of lawmakers in the 1950s were war veterans, but only about 40 percent of the members of Congress today have military experience.

During the Vietnam War, there was such a collective funk that veterans felt free to criticize, said John Johannes, a political science professor at Villanova University. A few, like Sen. John Kerry, D-Mass., got their political start as anti-war activists.

Veterans today have an advantage because Americans have a positive feeling about soldiers, said John Allen Williams, a political scientist at Loyola University in Chicago.

Unlike Vietnam, people who do not like the war are not blaming the veterans, Williams said.

But that will not guarantee success, contends Ed Patru, deputy communications director for the National Republican Congressional Committee. Democratic war veterans who are seen as liberal on other issues aren't going to be popular with voters, he said.

I think a lot of Democrats are looking at what happened in Ohio and trying to duplicate that around the country, Patru said.

Taylor, 33, a Republican businessman from West Texas, supports Bush's policies. He is a major in the Marines reserves, and, like the Democrats, cites his war experience.

The war on terror is going to be with us for a long time and Congress is going to grapple with the war on terror, Taylor said. We need policy-makers who know what it means to make war.

Bryan Lentz, 41, an attorney from Swarthmore, Pa., volunteered to go to Iraq at age 39 with a civil affairs unit. The Army reserves major was so disillusioned by the lack of a plan in Iraq that he decided while he was in Iraq to run for Congress.

He is trying to unseat 10-term GOP Rep. Curt Weldon (news, bio, voting record), who is vice chairman of the House Armed Services Committee.

I'm not anti-war, I'm anti-failure, Lentz said. We need to define what victory is and we need to set a plan to get there. You cannot stay the course if you do not set a course.

http://www.upi.com/Top_News/2008/12/08/Gitmo_911_suspects_to_plead_guilty/UPI-68631228752620/

The guy has a great audience and my only fear was he would take on the black agenda when our country if falling apart - There is so much to do. 

Yeah, give the man a stage that at least is proportionate to foreign countries' stage given to an American politician.  Geesh.  

I didn't see crowds gather for anyone else.  When a crowd that size gathers for a person, they can have any darn stage set they want.  As they deserved it. 

Seems that theybarely have a grasp on DC politics, let alone US imperatives abroad and challenges that America faces outside its borders.  They scoff at American traditions such as diplomacy, alliance, common interests and initiatives aimed at real solutions for fascist dictatorships, human rights abuse, global poverty and terrorism.  BTW, though we may have our own garden of home-grown terrorists, most terrorists live abroad.  The ethnocentric jingoism  expressed in the "America, love it of leave it/hate it and leave it" crowd and the imperial aspirations of their party in its attempts to disregard cultural differences, bomb nations into democracy and turn countries of the world into pitstops for the Americans to make on their resource raping rampages is exactly the kind of behavior that empowers terrorist worldviews to attract followers, strengthens their resolve and emboldens them to carry out their terrorist acts of war. 

We actually DO need to take it to Germany and to all UN/NATO countries, turn a new page on our approaches and come up with new solutions, plans well understood by Obama and brilliantly articulated in his plans for diplomacy and policies on the war on terror.  Biden grocs these concepts.  Mccain, same old same old.  Palin doesn't do foreign policy.  The party obvoiusly does not even recognize the need for it.  

I know, I know, it's Fox News that most of you don't believe, but this is the whole transcript, 78 pages long. Hope you all are speed readers.

http://www.foxnews.com/projects/pdf/rrb_-jh_FINAL_complaint_cover_and_aff.pdf