Law and Disorder September 7, 2009

Afghanistan War, CIA Sponsored Terror, Civil Liberties, Guantanamo, Habeas Corpus, Human Rights, Iraq War, Military Tribunal, Prosecution of the Bush Administration, Targeting Muslims, Torture, Truth to Power

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Updates:

• States increase opposition to money making traffic cameras: lawsuits.

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Alfred McCoy: CIA OIG Report PDF

Last month, marked the release of the CIA’s Office of Inspector General report investigating the use of “enhanced interrogation techniques” against detainees. The nearly fifty percent redacted report focused on incidents which exceeded the torture guidelines written in the Office of Legal Counsel torture memos.    In the report, waterboarding a detainee 183 times was noted with only a concern, and highlighted abuses include faking the execution of a detainee by (quote) “contractors” without training and pointing an unloaded gun to a prisoners head.  This report was not released with John Yoo’s torture memos. A move which could’ve helped prosecute torture architects such as Yoo and other Office of Legal Counsel lawyers who violated their professional ethical duties when they wrote memos claiming the administration’s proposed torture techniques were legal.  Hear Al McCoy speak at Left Forum

Al McCoy:

• The chronology is important, the report is an investigation into excesses.
• The report also looks at the period ranging from 12 to 18 months when the alternative methods were authorized by President Bush  – “enhanced interrogation techniques”
• For the first time in the history of the CIA, they were authorized to operate their own prisons, the so-called 8 black sites that operated from Thailand to Lithuania
• (Inspector General investigators) They opened up these secret sites and started collecting these detainees before they had clear guidelines and supervision
• Torture is seductive, erotic  to the human mind, a process of which we know very little.
• Under US law section 23.40 of the Federal Code, psychological torture is legalized, there are only 4 things you can’t do under US law.  One of them is death threats and death threats against a third party
• One of those hapless field agents that went over the top will take the fall. Yet, we know former Defense secretary authorized extraordinary techniques and his directions went down through the chain of command, it got all the way down to Abu Ghraib (prison photos link), where those soldiers were actually complying with those directives.
• The directives were illegal. You should be prosecuting the person who gave those orders at the top of the chain of command.
• In this case instead of having bad apples in military parlance, we’re going to have “rogue agents.”
• The stages of a country ruling with impunity –  we’re not talking about a change of regime and then a tribunal, this is assuming continuity of government. (Clinton/Bush/Obama)
• It was necessary for our security: Dick Cheney’s latest argument – “so what, it made us safe.”
• We may have done these crimes but we now need to pull together and develop ourselves as a nation.
• The CIA had two distinguished cognitive scientists at Cornell University medical center in New York City, Doctors Henkel and Wolf. Ultimately they found the most devasting mode of torture is forced standing.
• Stand for hours motionless, sometimes days at a time, fluids flow to the legs, kidneys shut down, hallucinations begin, it’s incredibly painful.
• What they found back in the 1950s is you can make people do forced confessions, but its not very good in extracting objective information.
• Colin Powell’s former military aid, charged that Cheney in particular ordered this torture and extracted the false information – specifically with Ibn al-Shaykh al–Libi a prisoner whose false confession was used to link Saddam Hussein and Al-Queda.
• The best we can hope for is a Congressional Review, perhaps a Senate inquiry into the Bush years, that would look at the origin of the policy, the full nature of the policy, and whether or not it worked, not only gains but the costs. A serious, sober politically objective honest inquiry, apart from the prosecutions that may come from the Special prosecutor.  Check out Progress Report’s – Accountability
• Within the American Psychological Association, these are not medical practicioners, they don’t take the Hippocratic Oath. It’s one branch of the medical community, the psychologists.

Guest – Professor of history at the University of Wisconsin-Madison.  Author of “A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror” and also “The Politics of Heroin: CIA Complicity in the Global Drug Trade.

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Labor Law Reform: Employee Free Choice Act

The Employee Free Choice Act is a proposed legislative bill that would speed up the process for employees to form a union.  Under current labor law, workers can select union representation either through an election or something called card check, – a majority sign up.  The US National Labor Relations Board will only certify a union as the exclusive representative of employees only if it is selected by a secret ballot NLRB election or if the employer agrees to a card check process.  The catch is, that companies can refuse to bargain with a union chosen by a card check process even if 100 percent of employees want the union.  Right now, the choice to use an election process or majority sign up is controlled by the companies.

The Employee Free Choice Act would change this process and take away employers’ ability to decide whether to use only the card check process or secret ballot election.  This would make it much quicker process for employees who needed to form a union.  This labor reform law has not been proposed without a fight, nearly 200 million is funding a misinformation campaign back by groups such as the Chamber of Commerce. Read Abby’s Public Eye article here.

Abby Scher:

• In the fifties, unions represented a third of the labor force, now they represent 12 percent.
• Employers have a lot of time to beat back the union.  The Center for Responsive Politics found that the Chamber of Commerce spent 400 thousand dollars a day in opposition.
• The chamber of commerce is the largest lobby group in the country
• You can hear the rhetoric in their misinformation campaign. ..“EFCA is unAmerican, it takes away the secret ballot, unionists are thugs that will coerce workers into giving up their individual rights.”
• It’s harsh rhetoric from what you would consider a main stream group
• The national right to work committee since the fifties has flipped the script.
• Two phone calls have gotten attention, Bank of America and Citigroup . . .the center for Union Facts,  – Rick Berman and Bernie Marcus talking about how EFCA would destroy capitalism and tried to motivate people on the call to give to Republican candidates
• Chamber of Commerce front group – Alliance to Save Main Street Jobs. In the misinformation campaign, the chamber of commerce is saying that EFCA will hurt small businesses, because everyone loves small businesses.
• They retained this woman to do a study about how EFCA would destroy 600 thousand jobs. This woman’s specialty is intellectual property, this is not her background, she is a gun for hire.
• It (her research) was easily debunked but you still hear people citing that study.
• Surprisingly, unions are growing. Big businesses are the threat against small businesses, not unions.
• I encourage everyone to subscribe to the AFL-CIO blog
• Unions help workers bargain for better wages, people have money to spend, buying power, quality of life.

Guest – Abby Scher, Editorial Director of the Public Eye. Check out Abby Scher on Making Contact’s Radio Feature

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