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Sweeping Our Inhumanity Under the RugPosted on Oct 15, 2007By Marie Cocco WASHINGTON—Khaled el-Masri is not a state secret. He was no secret when he traveled to the United States last November to hear his case argued before a federal appeals court in Richmond, Va. Nor was he hidden when he visited Capitol Hill and met with lawmakers to talk about his mistaken abduction by American authorities. Masri isn’t a terrorist or a suspected terrorist. Otherwise, American officials would never have let him enter the country, let alone visit Congress. Masri, a German citizen who has been accused of no wrongdoing, laid out the details of his U.S. visit in a Los Angeles Times column last March. But last week, the U.S. Supreme Court declared him, in essence, to be a nonperson. In another perverse ruling that lets the Bush administration hide its most perverse anti-terrorism policies beneath dubious legal arguments, the high court refused to hear Masri’s appeal. His case is a “state secret,” the administration claims, that must be kept private even though it has gained international press attention, an official investigation by the German government and the acknowledgment of Secretary of State Condoleezza Rice that the U.S. had erred. Masri is perhaps the best-known individual to have become ensnared in the Bush administration’s program of “extraordinary rendition,” under which people are snatched from the streets and spirited away to secret prisons for interrogation, or worse. Masri was seized from a tourist bus en route to Macedonia in 2003. He was held there for five months before being turned over to Americans and flown to a prison in Afghanistan. There, he says, he was beaten, stripped, sodomized, photographed and injected with drugs. Then, as suddenly as he’d been seized, Masri was released and dropped on a mountain road along the border between Albania and Macedonia. He was handed a box with his belongings, including his passport. “It’s not about secrets,’’ says one of Masri’s attorneys, Ben Wizner of the American Civil Liberties Union. “This is about whether an innocent, foreign victim of these anti-terror policies can ever have a day in court. If the answer is no for Masri, who is it yes for?” As things stand now, the U.S. government can seize an innocent individual, abuse him, later admit that it had held the person in error—but then declare the whole episode a state secret and so block the wronged man’s case from ever being heard. Masri was never allowed to request a single piece of evidence, or ask to hear from a witness. He has written that he brought the lawsuit because “I wanted to know why America harmed me.” Now he never will. Among the other cases the administration claims simply cannot go forward are those involving the National Security Agency’s surveillance of Americans’ electronic communications, a surveillance that Bush ordered to be conducted without warrants. The administration claims a blanket state-secrets privilege in those cases—going so far as to argue that the individuals who are suing don’t have legal cause standing to sue since they can’t show they were subject to eavesdropping. The through-the-looking-glass argument is this: Evidence that might show they were spied upon can’t be obtained because it is secret. The shroud of secrecy the president wishes to impose on these cases is thicker and broader than those that have been used in prosecutions of real terrorists at real criminal trials in the past. Federal judges have inspected classified material in private, and decided whether it can be disclosed to the defense or presented in open court. The procedures safeguard both secrecy and justice. Now justice has been cast off as a political inconvenience. The overreaching use of the state secrets privilege is yet another of Bush’s legal excesses that Congress must finally curtail. The Constitution Project has brought together a coalition of unlikely allies—conservatives and libertarians, moderates and liberals—to ask that lawmakers make clear that protecting secrets is not incompatible with pursuing a legitimate court case. “We need to have checks and balances here,” says Sharon Bradford Franklin, the group’s senior counsel. “We’re not saying there should be no state-secrets privilege, but that doesn’t mean you have to shut all these plaintiffs out of court completely.” Lawmakers have an overflowing agenda of Bush’s legal—or illegal—gambits in the war on terror to address. But because the United States was founded on the principle that it would treat the accused with justice, we must extend justice to the innocent, too. Marie Cocco’s e-mail address is mariecocco(at)washpost.com. © 2007, Washington Post Writers Group Previous item: Money Talks Next item: Running on Yesterday's Ideas Elsewhere: . CommentsAre you a Truthdig member yet? Login now, or register with Truthdig. Add Your Comment |
By don knutsen, October 17, 2007 at 3:41 pm #
I realize we would be setting a precident. But why all the talk about impeachment with less time left then would be required to accomplish the task. Most of the information is already there, much caught on film from numerous sources. Much already compiled by H. Waxman ( & G. Palast )...Now that were about to get a new attorney general who atleast seems like he knows that the justice department shouldn’t be run out of cheney’s closet and since alot of the foot work has been done already to bring numerous INDICTMENTS for corruption, election fraud, conspiracy , illeagal wire tapping of our citizens, war crimes.....on and on. So why not cut to the chase. Begin immediate hearings into this administrations criminal behavior. How can we begin to try and turn this train around if cheney and bush aren’t ever held accountable for the damage they have done.
Report thisBy tsaoyen, October 17, 2007 at 1:30 pm #
A recent survey-poll shows that 80% of Americans feel that America should not recognize the ethnic cleansing of 1.5 Armenians in 1919 and call it a holocaust or genocide. Why? Because angering Turkey today is not “good for America” even though the recognition would be the ethical and moral and Christian thing to do. 80% of the American people are thus unethical and reprehensible.
Being inhuman comes very naturally to the vast majority of Americans so that fact that America feels no remorse about what it did shouldn’t surprise anyone who is sane and conscious.
Hunter S. Thompson accurately characterized America in the 1970s as “a nation of 220 used car salesmen who have no qualms about going around the world and killing whoever they want.” Nothing has changed since then except the number of used car salesmen now going around the world and killing and torturing whoever discomfits them and disturbs their criminal way of seeing the world.
America itself wouldn’t exist if its “Christian” founders - “the European white settlers” had been decent human beings instead of hypocrites and thieves and has not ethnically cleansed 25 million or more indigenous Indians in order to be able to “legally” take their land.
Israel has been torturing innocent Palestinians for 50 years and has become very adept at it. When America took Israel to be her husband “till death do us part” it was only natural for American to learn from Israel how to torture and kill with immunity also. American’s torture people primarily out of love and concern for America’s and her husband Israel’s safety and welfare so they don’t think it is wrong.
Most Americans could care less about innocent human beings being tortured because it is “justice at work” i.e., “just-us” doing it and America does it for America’s and Israel’s security.
What did Abraham Lincoln say about America? He said: “Public sentiment is everything. With public sentiment, nothing can fail. Without it, nothing can succeed.” Public sentiment in America is for - not against - torturing people around the world - especially Muslims.
And don’t forget that from a moral point of view America today is more like a moral degenerate skid-row flophouse than a righteous nation and in this respect resembles her husband Israel a lot.
In 1900 Thorstein Veblen had this to say about America .He said: “The current situation in America is by way of being something of a psychiatric clinic. In order to come to an understanding of this situation there is doubtless much else to be taken into account, but the case of America is after all, not fairly to be understood without making due allowance for a certain prevalent unbalance and derangement of mentality, presumably transient but sufficiently grave for the time being. Perhaps the commonest and plainest evidence of this unbalanced mentality is to be seen in a certain fearsome and feverish credulity
with which a very large proportion of the Americans are affected.”
What Veblen said in 1900 about America is truer today than it was then. Does the rotten fish smell from the head or from the body? I believe from the body. The “body politic” produces the “politician.”
Report thisBy driving bear, October 17, 2007 at 11:53 am #
I keep reading the post here and seeing the calls for impeachment of Bush and Co. Face it it’s not going to happen for two reasons.
1. To impeach bush , it would take all the democrats voting for it plus about half of the republicans would have to break ranks and vote for it. This is not going to happen and
2. The impeachment process it self would be an embarrassment to congress. During an impeachment Bush would have the right to call witnesses and present evidence in his defense. In the course of this process it would be revealed to the public that both parties of congress is not “ as pure as the wind driven snow” . An impeachment process would show congress to be at best derelict it its duties or and worse an accomplice to bush. So boys and girls whats the golden rule of politics ; Cover your A** , so impeachment not going to happen,
Right now the only hope is the fact that all the seats in the house are up for election in 08 along with 1/3 of the senate and the white house. But I am not holding my breath
Report thisBy Roy, October 17, 2007 at 5:17 am #
(Unregistered commenter)
This shows the same contempt for basic human rights as the Dred Scott decision.
Report thisYou’d hope we had moved on from then.
By KISS, October 17, 2007 at 5:10 am #
Let’s be honest here, how many friends and neighbors ever heard of Masri? The media doesn’t mention it. But everyone has heard of “IMPEACHMENT”, and this is what should be the prevailing topic of Congress and the American people. The impeachment of Bush and Cheney must be the topic everyday and holding your legislatures feet to the fire is a must.
Report thisAnyone see the Cheney documentary on PBS TV? He only succeeds when Congress waffles.
By cyrena, October 16, 2007 at 9:55 pm #
#107431 by Don Stivers
....."Does nobody listen anymore. What needs to be done to turn this country around? What does the Constitution say? Or does anybody care....”
Well Don,
I care. The Constitution says, IMPEACH. That isn’t happening. What next?
I went to a panal discussion earlier this evening. I was to prepare us for the on going attack on Academia, which is being toted as “Islamofacist Awareness Week”. We belive it should be titled “Practice More Racism Week”.
And, all of these groups are of course overwhelmingly funded by the neoconners. Ann Coulter is scheduled to appear (on behalf of Practicing More Racism) at USC. That should be a clue.
The object (and the obvious targets) are academics who present real facts from all sides, including the stuff that the neocons don’t want exposed.
Now, isn’t this pretty much standard policy for any fascist/totalitarian regime? Don’t they usually go after the academics first?
Report thisBy Leefeller, October 16, 2007 at 2:13 pm #
Deception by the special interest controlled media will never call attention to the truth, so when will real issues be addressed, never!
Report thisBy thomas billis, October 16, 2007 at 10:36 am #
(Unregistered commenter)
Yes ms Cocco Congress is going to grow a spine and little elves make keebler cookies in the hollow of a tree.There will be a lot of posturing and kabuki theatre and in the end Bush will win.Which of our esteemed Senators on the campaign trail have even been asked their opinion of the Masri case.Or what they think of rendition.Or what they will do now in Congress to rtestore Habeus Corpus.If the toadie media would focus on the really important issues of the day they could focus the attention of the generally fair American public on the issues.But alas no.Which way Hillary parts her hair is the issue of the day.To steal from Zola"j’accuse la media”.
Report thisBy rodney, October 16, 2007 at 10:12 am #
(Unregistered commenter)
All three branches are working together in order to allow this type of injustice to continue. It’s the way slavery and Jim Crow was allowed to exist.
Report thisBy SamSnedegar, October 16, 2007 at 9:51 am #
perversion or perverted? they certainly aren’t screwing us in a “normal” way, if there be such a thing as normal coitus in today’s strange world.
If you’d smell the coffee and get your eyes open, you would see that all totalitarian states have to corrupt the courts in order to be able to rule and not admit that they are totalitarian states. When you saw the ruling on Bush v Gore, you had to KNOW that the Supreme Court of the United States was not only making perverse rulings, but was itself subverted to do the bidding of some unidentified masters who obviously have made certain members some offers they cannot refuse.
You knew this, or should have, in December of 2000, and by god here you are awakening now to the idea that “something” is wrong with America . . . .
Well, any country of nearly 300 million souls which can let a moron serve as its titular leader has to have something more than merely wrong with it.
And don’t tell me about Bush’s MBA from Harvard; morons get MDs as well as MBAs, and they usually do it by bribery and corruption. You might be surprised to find that some MEDICAL doctors are nearly as stupid as Bush and regularly manage to kill patients with their ignorance and inability to think logically, but as long as you keep on pretending that things are just like they were BEFORE the election of 2000, you won’t be much better off than the monkey-faced moron OR the doctors who lose patients frequently.
What they did and do is not perversion; it is subversion of the Constitution and the principles which underlie all of our democratic history.
Report thisBy mary, October 16, 2007 at 8:12 am #
After eight years of virtual unchecked “rule”, we will be uncovering atrocities like this one for a very long time. May Heaven help us all........
Report thisBy Don Stivers, October 16, 2007 at 7:14 am #
Does nobody listen anymore. What needs to be done to turn this country around? What does the Constitution say? Or does anybody care.
We sit here and bitch day in and day out and the travesty of justice continues.
I cannot believe Congress goes along with ANYTHING Bush touts.
With the majority of the people against the war, we continue to kill and be killed.
It is sooooo frustrating to continue to complain about this government of ours.
Report thisBy kevin, October 16, 2007 at 7:13 am #
(Unregistered commenter)
If the man writes a book about his experiences, will it be considered fiction, non-fiction or science fiction?
Report thisBy Leefeller, October 16, 2007 at 2:36 am #
If something does not really exist, justice in this case, how can you pervert it?
Report thisBy Douglas Chalmers, October 15, 2007 at 11:28 pm #
Oh, lets pretend that it never happened/isn’t happening (white mans’ whitewah, uhh).
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