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Security

Rights Groups To U.S.: ‘Apology Is Now Long Overdue’ To Canadian Sent To Syria For Torture

When Maher Arar arrived at New York’s JFK airport in 2002, he was only supposed to change planes and continue his journey from visiting relatives in Tunisia back to his home in Canada. But the routine layover was a fateful one: while briefly on U.S. soil, Arar was snatched by authorities, kept incommunicado and away from lawyers for two weeks, then shipped to Syria. Arar endured a year of captivity and alleged torture at the hands of the brutal Syrian regime. Now, after the Canadian government formally apologized to him five years ago, rights groups are demanding that the U.S. do the same.

Three American groups that oppose torture — the National Religious Campaign Against Torture, Amnesty International USA, and the Center For Constitutional Rights — delivered a petition with 60,000 signatures to the White House this week demanding an apology.

In 2007, the Canadian government admitted Arar had been mistakenly pinpointed as an Al Qaeda ally, apologized, and compensated him.

President Obama ended the “extraordinary rendition” program in 2009 and Politifact noted that the Obama administration “has announced new procedural safeguards concerning individuals who are sent to foreign countries” but some rights groups claim those safeguards aren’t adequate.

Citing the requirement for “remedy and redress” in the International Covenant on Civil and Political Rights, the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — which prohibits knowingly transferring detainees to countries, like Bashar al-Assad’s Syria, that engage in torture — the letter campaign (PDF) asked signees to themselves apologize and then demand the U.S. do the same. An Amnesty press release said:

“It was so painful,” Maher Arar said of the beatings he endured, “that I forgot every enjoyable moment in my life.”

Released without charge and allowed to return home to Canada, Maher Arar received an apology and compensation from the Canadian government for its role in his treatment. But the U.S. government has failed to apologize or offer Maher Arar any form of remedy – despite its obligation to do so under the UN Convention Against Torture and other human rights treaties.

The letter campaign emphasized that additional steps need to be taken for accountability in the Arar case, including more explicit prohibitions on transfer, not relying only on diplomatic assurances about the treatment of detainees before transfers, ending discrimination in “no fly lists” and investigating and prosecuting those who broke the law.

Amnesty also released an infographic — using a mock-up of Arar’s 3-foot-wide, 7-foot-high and 6-foot-deep Syrian cell — highlighting the numbers around his detention: 12 days of incommunicado detention in the U.S., 351 in Syria while enduring torture, and 0 charges filed against Arar. However, there is no figure for the “number of people like Maher Arar subjected to the U.S. government’s ‘extraordinary rendition’ program.” That number? The Amnesty infographic boldly states, “UNKNOWN.”

Security

Gates Agrees That Not Everyone ‘Would Have Made The Same Decision’ To Get Bin Laden

It’s now well known that after President Obama’s re-election campaign released a video wondering whether Mitt Romney would have ordered the raid that killed Osama bin Laden (given that Romney said in 2008 that he would not), Romney’s push back has been that it was a no-brainer. “Any thinking American would have ordered exactly the same thing,” he says.

Former Defense Secretary Robert Gates, who led the Pentagon at the time of the raid, and Vice President Biden said they advised Obama against the raid. And during a portion of an interview with Charlie Rose that aired on CBS This Morning yesterday, Gates said that “people don’t realize” how tough the decision was. PBS aired the full interview last night and Gates expounded on the consequences, saying a failed raid could have been “catastrophic” militarily and might have cost Obama re-election.

Rose then wondered if “any thinking American,” as Romney put it, would have made the same decision as Obama:

ROSE: Nobody can say “I would have made the same decision.” You don’t really know until you’re in the room and you listen to what the best people you know say to you and then you have to go as president and decide.

GATES: Right, absolutely.

Watch the clip:

Later in the interview, Gates, a Republican holdover from the Bush administration, also disagreed with Romney’s contention that Russia is American’s “number one geopolitical foe.”

“Do you agree with Governor Romney that Russia is our principal adversary or how he’s characterized the national security issue?,” Rose asked. “No, I don`t think so,” Gates replied.

Security

Federal Judge Suspends NDAA Detention Provision, Citing The First Amendment

Protesters in Salt Lake City

Yesterday, a federal judge in Manhattan struck down a portion of the National Defense Authorization Act (NDAA), ruling in favor of a group of activists, journalists and writers who say the act puts them in danger of indefinite military detention for activities including news reporting on terrorist organizations and political activism.

U.S. District Judge Katherine Forrest found that a section of the NDAA which gives the government powers to regulate the detention, interrogation and prosecution of suspected terrorists could be used against journalists, scholars and activists to curtail their first amendment rights. The judge’s opinion [PDF] found:

The statute at issue places the public at undue risk of having their speech chilled for the purported protection from al-Qaeda, the Taliban, and ‘associated forces’ – i.e., ‘foreign terrorist organizations.’ The vagueness of Section 1021 does not allow the average citizen, or even the government itself, to understand with the type of definiteness to which our citizens are entitled, or what conduct comes within its scope.

Opponents of the law, which include Pulitzer Prize winning New York Times journalist Christopher Hedges, contend that the law permits the detention of U.S. citizens and permanent residents taken into custody in the U.S. who are suspected of providing “substantial support” to people or organizations engaged in violence against the U.S., such as al Qaeda. Journalists testified that they feared their associations with certain individuals overseas, as part of reporting assignments, could result in their arrest or even indefinite detention.

“An individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so,” the judge said. She also said the law gave the government the ability to detain individuals who engage in political speech that “may be extreme and unpopular” but “That, however, is precisely what the First Amendment protects.”

Hedges testified that while, in the past, he had interviewed al Qaeda members, spoken with members of the Taliban and reported on 17 groups named on the State Department’s list of known terrorist organizations, the law has forced him to consider altering speeches where a member of al Qaeda and the Taliban might attend.

Hedges celebrated the ruling, telling ABC News, “Ever since the law has come out, and because the law is so amorphous, the problem is you’re not sure what you can say, what you can do and what context you can have,” and called Forrest’s ruling “a tremendous step forward for the restoration of due process and the rule of law.”

Security

Gates: ‘People Don’t Realize’ The Difficulty Of Obama’s Decision To Get Bin Laden

Mitt Romney said during his 2008 presidential campaign that he would not act unilaterally to kill Osama bin Laden in Pakistan and the U.S. should not “move heaven and earth” to find him. But now, Romney says “of course” he would have done what President Obama did last year in ordering the raid that killed bin Laden at a compound in Abbottabad, Pakistan. “Any thinking American would have ordered exactly the same thing,” Romney said earlier this month. (Vice President Biden and then-Defense Secretary Robert Gates, a Republican holdover from the Bush administration, actually advised against the raid.)

Romney has assumed that Obama was assured of bin Laden’s presence at the compound and all he had to do was give the order to get him. But as Gates (and others) has noted, “There wasn’t any direct evidence that he was there. It was all circumstantial.” The former defense secretary expounded on the difficulty surrounding Obama’s decision this morning during an interview on CBS This Morning, particularly regarding the lack of information on bin Laden’s presence at the compound, and the ramifications if the raid failed or bin Laden wasn’t there:

ROSE: What were your concerns?

GATES: I had no doubts that the SEALs could perform the mission. My concern was whether or not he was there. People don’t realize that what made the decision tough for the president was we didn’t have once single piece of hard data that he was actually in that compound. Not one. The whole thing was a circumstantial case built by analysts at CIA.

ROSE: There was no single person who could tell you he was in that building. No single person had seen him in that building.

GATES: Right. The crux of the decision revolved less about the efficacy of the military piece of it than the consequences for us if he wasn’t there in terms of the relationship with Pakistan, in terms of the war in Afghanistan. … But I’ve always thought that it was a very courageous call. If this mission had failed, it could have put the war in Afghanistan at risk and that was one of my principle concerns.

Watch the clip:

Romney doesn’t really know much about the raid that killed bin Laden, at least that’s the sentiment he displays in public. But perhaps that’s because, as one of his foreign policy advisers has said, Romney “doesn’t want to really engage these issues until he is in office.”

Security

Romney Adviser: Mitt ‘Doesn’t Want To Really Engage’ On Foreign Policy Issues Until He’s President

Photo: Getty Images

The New York Times published two articles this weekend highlighting the disarray that is Mitt Romney’s foreign policy positions. Romney not only appears “out of touch,” for example, on his Russia policy and “all over the map” on the war in Afghanistan, but also, the former Massachusetts governor has demonstrated a “perplexing pattern,” the Times reported, of being at odds with many of his own foreign policy advisers.

Moreover, seeming to concede President Obama’s dominance of national security issues this campaign season, a Romney adviser told the Times that Romney isn’t interested in talking about foreign policy. “Romney doesn’t want to really engage these issues until he is in office,” the adviser said.

And there’s good reason. Romney’s inexperience on foreign policy and national security issues has dogged his campaign with confusion, ignorance and private and public disagreements among Romney’s campaign advisers and surrogates:

AFGHANISTAN

Romney has beenall over the map” on Afghanistan. As the Washington Post reported late last year, Romney “has not explained what he thinks the U.S. mission in Afghanistan is at this point and what would constitute success.” And keeping with his adviser’s above statement, Romney said in a major foreign policy speech that he’d wait until becomes president to “order a full review of our transition to the Afghan military.”

Romney also says that the U.S. should not be negotiating with the Taliban, a position that puts him at odds with his top national security campaign surrogate Sen. John McCain (R-AZ), his own advisers and even former top Bush administration officials. “Romney’s supporters and foreign policy advisers argue that after a decade at war, the only option is a political settlement,” the Times noted.

IRAN

Romney said that if Obama is re-elected, Iran will get a nuclear weapon. “If you elect me as president, Iran will not have a nuclear weapon,” he said. That line “caused some of his advisers to cringe” the Times reported this weekend. But overall, again, Romney has no real policy on Iran that differs much from the current administration’s approach. Romney has proposed much of what Obama is already doing. The Times noted that “when pressed on how, exactly, his strategy would differ from Mr. Obama’s, Mr. Romney had a hard time responding.”

But Romney does occasionally ramp up bellicose rhetoric on Iran which prompted a former Israeli Mossad director to say the former Massachusetts governor “is making the situation worse” with Iran. Romney has ignored what the IAEA, U.S. and Israeli intelligence think about Iran’s nuclear program and his campaign advisers even attacked the Obama administration for public discussion of the consequences of attacking Iran.

Read more

Alyssa

‘The Avengers’ and ‘The Dictator’ Take On 9/11

Looking back, superhero movies and a boom in Middle Eastern terrorists on television and film were probably the inevitable pop culture responses the September 11 attacks, the former a fantasy of stopping the worst before it happens without loss of life and treasure, the latter an attempt to personify an enemy most Americans hadn’t even considered. But while most of these cultural references have been more allusion than direct reference, the Joker’s demented drag as a substitute for Osama bin Laden, Oded Fehr in Sleeper Cell instead of Mohammad Atta, The Avengers and The Dictator both seem to me to be addressing September 11 and its aftermath with unusual directness, if to very different effect.

The Avengers is hardly the first post-9/11 movie to have superheroes rampage through New York, causing property damage and loss of life along the way. But I was struck, in the moment when Thor, doing battle with his brother Loki atop Stark Tower, forces him to look out at the city Loki’s forces were laying waste to, trying to force him to recognize the stupid, destructive futility of his attack. The crash of alien invaders into skyscrapers was one of the most striking visual allusions to the September 11 attacks I’ve seen in an action movie, flowers of fire blooming from pillars of steel in an eruption of violence hugely more widespread than the terror accomplished by 19 angry men in three hijacked planes.

The buildings didn’t fall. We didn’t have to go to war, because we could shut the border between our world and the one from which our enemies came. We didn’t even have to conduct a mop-up operation or interrogate detainees because when that portal closed, the invaders collapsed like toys (interestingly, while in Avengers captivity, Loki assumes he’ll be tortured and Nick Fury certainly seems prepared to do so, but it’s Black Widow who talks information out of the mad god without touching him). This isn’t just a fantasy of an easy dynamic, of revenge on the bad guys as Adam Serwer has written at Mother Jones. It’s a dream of resilience and clean war, where we can suffer greater losses and survive; where we can solve our problem without putting as many men and women at risk of death, deformity, or traumatic brain injury; where we can end the war in a day; where we can avoid doing grievous harm to ourselves and our values in the process.

The Dictator doesn’t perform alchemy on our post-9/11 fears, it mocks them. Sacha Baron Cohen’s upcoming comedy about a Middle Eastern dictator adrift in New York City takes on issues ranging from anti-Arab sentiment. But it also features an extended joke, which appears at the end of this red band trailer, that derives its humor from the idea that a pair of tourists in a helicopter are stupid to think that they might be the victims of a 9/11 style attack again:

It’s a poor choice of target. Publications like The Onion and Modern Humorist dived in immediately after 9/11 to start making fun of the hijackers themselves, and the Taliban and al Qaeda more broadly, turning them into small, delusional, murderous, isolated men rather than giving them the deference of treating them like an existential threat to the United States. It’s that kind of thinking that leads to raids to take out Osama bin Laden directly, rather than grinding wars that have accomplished little more than giving the sense that the country responding with force equal to the trauma we felt on September 11 itself. If you want to make fun of that trauma, it makes more sense to mock the things that it’s made us do to ourselves, be it the threat level system, invasive TSA searches, or watch lists. For all the movie’s other fantasies, Bruce Banner’s indignant request to know why “Captain America’s on a threat list?” in The Avengers says a lot more about the idiocies of post-9/11 vigilance than mocking the terror of two middle-aged tourists who think they’re about to die.

Security

Romney Still Unfamiliar With Basic Facts Of The Raid That Killed Osama Bin Laden

Osama Bin Laden's hideout in Pakistan

Presumptive Republican presidential nominee Mitt Romney doesn’t seem to understand the myriad considerations that went into President Obama’s decision to carry out the special operations raid that killed Osama Bin Laden. An ad put out by the Obama re-election campaign highlighting the president’s decision to strike into Pakistani territory to kill Bin Laden sparked a furor by questioning whether Romney would have made the same call.

Since the ad appeared, Romney, his surrogates, and so-called independent groups like the nouvelle swift-boaters have all rehashed the same dubious line in Romney’s defense: That any American president (or “any thinking American“) would have ordered the bin Laden raid. Just last night on Sean Hannity’s Fox News Channel show, Romney yet again issued this defense:

ROMNEY: But if the president wants to remind people of his decision, well, that’s entirely appropriate. But I think it was a big mistake for the president to try to make in this a political event by suggesting that I would not have done the same thing. I mean, frankly, Sean, almost any American in the position of presidency hearing that Osama bin Laden could have been taken out would have certainly pressed the button and said: get rid of the guy.

HANNITY: Oh, absolutely.

ROMNEY: And of course I would have.

Watch the video:

However, Romney and his allies’ repeated responses to the ad that “any thinking American” would have ordered the raid don’t account for the actual events surrounding Obama’s call.

  • Romney assumes that Obama was 100 percent sure bin Laden was at the compound in Pakistan. However, the intelligence was far from certain:

    “There wasn’t any direct evidence that he was there. It was all circumstantial.” — Robert Gates

    “The circumstantial case of Iraq having WMD (weapons of mass destruction) was actually stronger than the circumstantial case that bin Laden is living in the Abbottabad compound.” — CIA Deputy Director Michael Morell

    “Ultimately, it was a 50/50 proposition as to whether this was actually bin Laden.” — President Obama

  • Romney thinks that anyone would have ordered the raid based on his assumption that bin Laden’s whereabouts were known. In fact, Vice President Biden and Robert Gates opposed a special operations assault that the president ultimately decided on, particularly because of uncertainty as to whether bin Laden was at the compound.
  • Romney claimed that “we haven’t heard all the different military options there were” for the bin Laden raid. But various reports have outlined a number of courses of action Obama could have taken. “Most were variations of either a JSOC raid or an airstrike. Some versions included cooperating with the Pakistani military; some did not,” the New Yorker reported.
  • In an analogous choice in 2005, George W. Bush and then-Defense Secretary Donald Rumsfeld decided not to strike at senior Al Qaeda commanders in Pakistan because of the potential risk to relations with the notoriously sensitive country. When Obama said in his first presidential campaign that he would strike in Pakistan to get bin Laden, McCain criticized him as irresponsible. Romney echoed this concern when he said in August 2007, “I do not concur in the words of Barack Obama in a plan to enter an ally of ours.

    NEWS FLASH

    AP: CIA Breaks Up Plot To Blow Up U.S.-Bound Airliner | The AP is reporting that the CIA has thwarted “an ambitious” plot in Yemen by al Qaeda to blow up a U.S.-bound airliner around the anniversary of Osama bin Laden’s death. The plot reportedly “involved an upgrade of the underwear bomb that failed to detonate aboard a jetliner over Detroit on Christmas 2009.” The AP says it “learned about the thwarted plot last week but agreed to White House and CIA requests not to publish it immediately because the sensitive intelligence operation was still under way.”

    NEWS FLASH

    Romney Supporter: Obama Taking Credit For Bin Laden Like ‘Giving Ronald McDonald Credit’ For Big Mac | Back in February, Mitt Romney’s presidential campaign released a statement touting an endorsement from Ohio Auditor Dave Yost. “I’m pleased to earn Dave’s support,” Romney said, “I look forward to working with Dave to spread my message of more jobs, less spending, smaller government.” Romney got that chance today at an event near Cleveland, OH. Introducing Romney, Yost had some sharp, yet somewhat puzzling, words for President Obama. Yost said that Obama touting his decision to order the raid that killed Osama bin Laden is like “giving Ronald McDonald credit for the Big Mac you ate for lunch.” Yost said it’s “the guy at the griddle” that deserves the credit. A unnamed Romney aide reportedly distanced the presumptive GOP nominee from Yost’s comment.

    NEWS FLASH

    Bin Laden ‘Was Struggling To Exercise Even A Minimal Influence’ Over Regional AQ Affiliates | The Combatting Terrorism Center at West Point today released documents U.S. special operations forces recovered from Osama bin Laden’s compound after having killed the Al Qaeda leader. “Bin Ladin’s frustration with regional jihadi groups and his seeming inability to exercise control over their actions and public statements is the most compelling story to be told on the basis of the 17 declassified documents,” a summary of the documents states. Read the documents here (PDF).

    Update

    The CTC summary says that based on the documents, Ayman al-Zawahiri, bin Laden’s successor as Al Qaeda leader, “is conspicuously distant from people in Bin Ladin’s immediate circle.” Instead, “If the documents are representative of Bin Ladin’s correspondence pattern and his immediate circle over the years, then [al-Qaeda leader Atiyyatullah] must have been his closest associate.”

    Update

    Bin Laden believed that the Arab Spring presented an opportunity for al-Qaeda. In his last private letter dated April 25, 2011, just one week before his death, bin Laden thought he could sway Arabs to institute his preferred ideology after “the fall of the remaining tyrants.” Thus, he wrote, “if we double our efforts towards guiding, educating and warning Muslim people from those [who might tempt them to settle for] half solutions, by carefully presenting [our] advice, then the next phase will [witness a victory] for Islam, if God so pleases.”

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