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10 Craziest Things in the Senate Report on Torture Print
Thursday, 11 December 2014 13:55

Taibbi writes: "Capitol Hill yesterday provided America with a classic set piece of partisan performance art: a pair of sanctimonious legislative events, one for each chamber, the two parties blaming each other for high crimes."

A guard tower at Guantanamo Bay. (photo: file)
A guard tower at Guantanamo Bay. (photo: file)


ALSO SEE: 'The CIA Is Lying': On Senate Floor, Udall Blasts Continued Torture Cover-Up

10 Craziest Things in the Senate Report on Torture

By Matt Taibbi, Rolling Stone

11 December 14

 

apitol Hill yesterday provided America with a classic set piece of partisan performance art: a pair of sanctimonious legislative events, one for each chamber, the two parties blaming each other for high crimes.

On the House side, Republican Oversight Chief Darrell Issa emceed a Fox News reality show in which Obamacare advisor Jonathan Gruber was metaphorically burned at the stake. Issa had finally captured alive the most reviled demon of the Republican myth: a bespectacled coastal intellectual who not only collected millions ($5.9 million, to be exact) from the government helping institute redistributionist policies, but also snickered in his down time about how ordinary Americans are too dumb to govern themselves. If there's such a thing as conservative snuff porn, this was it.

Meanwhile, on the Senate side, Senate Select Committee on Intelligence Chair Dianne Feinstein released a controversial study about perhaps the worst chapter in the history of the Bush administration: the "Enhanced Interrogation" program, which the Senate in its last days of Democratic control has decided finally to call "torture" (see page 4 of the report).

Because of the way our media works, there will be a lot of hemming and hawing about the political implications of yesterday's events, while less attention will be focused on the fine print. Who can guess at the motive behind the release of the Feinstein report, but one clear objective is to place the end of the American "torture" regime in January of 2009. That was when Barack Obama came to office and signed Executive Order 13491, restricting interrogations to the techniques outlined in the Army Field Manual.

I'm not sure I'm buying that the U.S. government suddenly got religion about mistreatment of terror suspects once Obama took office, particularly since this government massively accelerated a drone-assassination program that years from now, when some Senate Republican releases a Feinstein-like report on that chapter of our history, will probably make the Bush torture regime look like pretty weak beer. (This is despite the hilarious protests from mainstream press commentators like this one claiming that having robots murder people from the sky is somehow more humane, and less of a moral and religious outrage, than torture).

Still, the end result of what may or may not be a deceptively partisan effort to lay America's torture legacy solely at the feet of people like George Bush and Dick Cheney is that we get a rare chunk of actual facts to examine. No matter who is to blame for all of this, no matter when people like Nancy Pelosi and Jay Rockefeller knew about it, and no matter when exactly it all ended, the stuff in this report appears really to have happened. And after a quick read-through overnight, it's pretty clear that we approved behaviors far worse, and far weirder, than was ever admitted to previously.

In no particular order, here are the 10 craziest things I found in the Feinstein report:

1) "Rectal Feeding."

Two phrases leap out at you in the very first pages of the report. Feinstein's authors drop the terms "rectal feeding" and "rectal hydration" on page four, in an early summary of abuses, and then simply move on without explaining:

At least five CIA detainees were subjected to "rectal rehydration" or rectal feeding without documented medical necessity. The CIA placed detainees in ice water "baths…"

As a reader I was really distracted by the use of quotation marks around the term "rectal rehydration" while there was no punctuation at all around rectal feeding. Was I supposed to know what the one was, and not the other?

Reading on, one at first thinks that these are just fancy terms for simple enemas and force-feedings – techniques the interrogators used to try to circumvent the attempts of terror suspects like Khalid-Sheikh Mohammed and Abu Zubaydah to resist the intake of food and water. In some places, the shoving of water and sustenance up the terror-suspect's backside is described as merely more efficient than IV methods, quoting CIA operatives:

[W]hile IV infusion is safe and effective, we were impressed with the ancillary effectiveness of rectal infusion in ending water refusal in another case…

But as you read on, you start to sense a kind of fondness for the rectal procedures that is frankly a little creepy. Sounding like a man describing with satisfaction how well his new remote-control garage-door opener works, one officer reported:

Regarding the rectal tube, if you place it and open up the IV tubing, the flow will self regulate, sloshing up the large intestines… What I infer is that you get a tube up as far as you can, then open the IV wide. No need to squeeze the bag – let gravity do the work.

Then, later, you find out that the "rectal hydration" procedures were not only executed to fill resisting suspects with fluid and sustenance. They were also used to put them in a talking mood. The report talks of how "rectal hydration" of KSM was ordered "without a determination of medical need," which the chief interrogator explained was indicative of the questioner's "total control over the detainee."

In the case of KSM, they used the technique as a means to "clear a person's head," and believed it was helpful in getting him to talk. The report explains that KSM fabricated information during this period, leading to the capture and CIA detention of "two innocent individuals."

Then, in a classic case of "force drift" – the phenomenon in which the use of one permitted interrogation technique inexorably moves toward harsher and weirder behaviors – the CIA interrogators got downright bizarre with a suspect named Majid Khan:

Majid Khan's "lunch tray," consisting of hummus, pasta with sauce, nuts, and raisins, was "pureed" and rectally infused.

So my tax dollars were used to shove raisins, pasta, hummus and nuts up someone's rectum. Awesome! What else did we do?

2) Walling.

The interrogators gave pet names to all of their rough interrogation techniques. On the one hand, this was clearly done to provide some legal cover, as only certain things were permitted, so each technique had to have a name – yes, we did do "rectal hydration" and "insult slaps" and "walling," but no, we didn't do "car-battery-to-the-testicling."

The names are disturbing in themselves. It takes a certain kind of personality to sit down with a notebook after you've been brutalizing someone for days and carefully enter in a ledger every insult-slap and pine-nut-up-the-rectum delivered in the session, using some weird taxonomic chart as a guide.

Walling is the practice of slamming someone against a wall. The CIA documented with loving detail the process. Suspect Abu Zubaydah alleged that "a collar was used to slam him against a concrete wall." In response to this allegation, a CIA officer wrote:

While we do not have a record that this occurred, one interrogator at the site at the time confirmed that this did indeed happen. For the record, a plywood 'wall' was immediately constructed at the site after the walling on the concrete wall.

Again, the consumer-friendly decision to replace the concrete wall with plywood for the detainee's comfort is so weirdly American, so oddly corporate, one isn't sure what to think. Your average Marcos or Mobutu torturer, working with whatever electrodes or brass knuckles happened to be handy, would find all of this stuff creepy, which has to be an indictment in itself somehow.

For the record, here is a list of these named permitted techniques, as outlined in the report:

(1) attention grasp, (2) walling, (3) facial hold, (4) facial slap (insult slap), (5) cramped confinement, (6) wall standing, (7) stress positions, (8) sleep deprivation, (9) insects placed in a confinement box, and (10) the waterboard.

Some of these things just leap out at you, but to get into a little detail on a few:

3) Sleep Deprivation.

The report notes:

Beginning the evening of March 18, 2003, KSM began a period of sleep deprivation, most of it in the standing position, which would last for seven and a half days, or approximately 180 hours.

After I tweeted yesterday that I didn't know 180 hours of sleep deprivation was medically possible, a few meth users emailed me expressing similar surprise. "A hundred, for sure, but you start to fall down and drool after that," wrote one.

The report is full of descriptions of sleep deprivation efforts, and carefully noted how much each suspect was subjected to. It seems there was a hierarchy: the higher on the suspected-terrorist totem pole, the longer the subject was deprived of sleep.

A suspected extremist named Gul Rahman (who died, incidentally – more below) got "48 hours of sleep deprivation, auditory overload, total darkness, isolation, a cold shower, and 'rough treatment.'" Meanwhile, a Tunisian named Rafiq Bashir al-Hami, suspected of having ties to some of the "Hamburg Cell" responsible for the 9/11 attacks, got a meth-friendly 72 hours of sleep deprivation. And the "mastermind" KSM got the Guinness-Book 180 hour treatment, most of it standing.

I knew our government was using sleep deprivation, but 180 hours gets into NKVD/Felix Dzerzhinsky territory. This is classic torture-regime stuff, and one of the better examples of why a sanitary term like "enhanced interrogation" just doesn't cut it.

4) Diapers.

There are 14 mentions of the use of diapers in the report. The diaper technique is a classic example of how the CIA sometimes lied to the Justice Department about what it was doing.

Just as the "rectal hydration" and "rectal feeding" were pitched as medically necessary, but turned out either to be a way of showing "total control," or just providing frustrated interrogators with an outlet for whims ("Let's see what happens if we put pasta with sauce up there"), so it was with diapers. The CIA, the report says, "told the [Office of Legal Counsel at the Justice Department] that the use of diapers was 'for sanitation and hygiene purposes,' whereas CIA records indicate that in some cases, a central 'purpose' of diapers was to 'cause humiliation' and 'induce a sense of helplessness.'"

One learns with relief that the use of diapers was "generally not to exceed 72 hours," but we also learn that when prisoners were transported, they were not allowed to use a lavatory, and placed in diapers during the flight – during which time they also sometimes were "laid horizontally and strapped to the floor of the plane horizontally like cargo."

Think about this detail. Exactly what is forcing someone to wet himself on an airplane supposed to accomplish? A hardcore terrorist would laugh at any country that considered this being tough. At least nobody ever laughed at Stalin or Pinochet. There are two ways to go: the hard way, or the civilized way. This transparently is neither.

5. Mock Executions.

The report was pretty coy about this, but it mentioned that the CIA conducted "mock executions" on two occasions. No details were given about what exactly that meant, but ask Fyodor Dostoyevsky (who went through a pretty elaborate one at the hands of Tsarist torturers), it's an attention-getter.

The CIA also spent time threatening harm to family members (including threats to sexually abuse one detainee's mother), and/or promising detainees that they would never leave captivity alive. This passage, about Abu Zubaydah, who of course is not what one would describe as a good person, stood out:

Over the course of [an] entire 20-day "aggressive phase of interrogation," Abu Zubaydah spent a total of 266 hours (11 days, 2 hours) in the large (coffin size) confinement box and 29 hours in a small confinement box, which had a width of 21 inches, a depth of 2.5 feet, and a height of 2.5 feet. The CIA interrogators told Abu Zubaydah that the only way he would leave the facility was in the coffin-shaped confinement box.

I measured that out in my living room this morning and nearly needed diapers myself at the thought of being in one of those boxes for even ten seconds. Of course, they didn't just put people in these boxes, or promise them they would spend the rest of their lives there. They also put some guests in:

6. Insects.

The report only mentions insects twice and doesn't provide any details. There have been reports about many of these techniques before, of course, and some details about the insect idea have leaked out. It may be that they would tell a suspect like Zubaydah that a stinging insect is about to be placed in the box, and then they would put a non-stinging insect like a caterpillar in there. But who knows? We may have to wait for some future reporter to FOIA the unclassified version to find out exactly what species of vermin they dumped in there.

Putting someone in a coffin for 20 days with insects crawling all over him would be considered sadistic by any self-respecting third-world torturer. Then again, it's not clear that your average old-school torturer, lacking an American's inherent sense of industrial planning and organization, would have come up with stuff like:

7) The "Rough Takedown."

From the report:

At times, the detainees at COBALT were walked around naked or were shackled with their hands above their heads for extended periods of time. Other times, the detainees at COBALT were subjected to what was described as a "rough takedown," in which approximately five CIA officers would scream at a detainee, drag him outside of his cell, cut his clothes off, and secure him with Mylar tape. The detainee would then be hooded and dragged up and down a long corridor while being slapped and punched.

That detainee named Gul Rahman was said to have died after one of these choreographed scare-scenes. The report writes: "Rahman, after his death, was found to have surface abrasions on his shoulders, pelvis, arms, legs, and face."

Apparently the officers rushed him, shouted at him to "get down," did the bizarre routine of cutting his clothes off (there is an unmistakable obsession with nudity in these interrogations), ran him through a kind of gauntlet where "although it was obvious they were not trying to hit him as hard as they could, a couple of times the punches were forceful," then dragged him through the dirt outside the cell.

Here again, it's not so much the outrage that American citizens physically abused people, it's just the weirdness of this scripted attack: who thinks of this stuff? And who sat around coming up with ideas like hanging people by their arms for hours on end, or hanging them with just their toes touching the ground, or:

8) The Cordless Drill.

No commentary necessary for this description of the interrogation of suspected Cole bomber Abd al-Rahim al-Nashiri, who was:

Placed in a 'standing stress position' with 'his hands affixed over his head' for approximately two and a half days… Later, … while he was blindfolded, [a CIA officer] placed a pistol near al- Nashiri's head and operated a cordless drill near al-Nashiri's body.

The report blithely notes that Al-Nashiri did not provide any additional threat information during, or after, these interrogations, which brings up another point:

9) All of this stuff was a huge net minus in terms of actually gathering intelligence.

There are people all over the pundit-o-sphere today talking about how it's not true that "enhanced interrogation" didn't produce results, that among other things, we wouldn't have caught bin Laden without it (this is the conceit of Zero Dark Thirty and other pop culture depictions of this period). Much of this is due to another activity noted by the report, the CIA's proactive efforts to reach out to the media to trumpet its dubious successes. As the Deputy Director of the CIA's counterrorism center wrote in 2005: "We either get out and sell, or we get hammered, which has implications beyond the media. Congress reads it, cuts our authorities, messes up our budget... we either put out our story or we get eaten. There is no middle ground."

But the report is pretty clear that they didn't get much, if anything, of value from these techniques. It's littered throughout with examples of mountains of false leads and vast stretches of time wasted. Moreover, many of the instances of intel that supposedly was gleaned by torture turned out, upon closer examination, to have come from information provided before the interrogators started putting people in boxes or revving cordless drills up near their genitalia. The case of the famous Usama bin Laden courier, who is supposed to have lead to the Evil One's capture, is one such example:

The most accurate information on Abu Ahmad al-Kuwaiti — a facilitator whose identification and tracking led to the identification of UBL's compound and the operation that resulted in UBL's death — obtained from a CIA detainee was provided by a CIA detainee who had not yet been subjected to the CIA's enhanced interrogation techniques; and CIA detainees who were subjected to the CIA's enhanced interrogation techniques withheld and fabricated information about Abu Ahmad al-Kuwaiti.

The report said that 20 of the best gets the CIA claimed came from rough interrogation turned out to be canards in one way or another. But even if they got the occasional hit from this stuff, it's clear that on the whole, it wasted even the interrogators' time more than it helped them. And that's before we even get into the issue of how this behavior damages our credibility worldwide, makes subsequent attacks more likely, and imperils our own soldiers who may be captured by enemies. It's wrong and dumb, classically representative of modern American antiterror policy.

10) It will happen again.

The most damning thing about this whole report is the obvious unspoken observation that this is all we're getting, a report. Even if the Obama administration hasn't continued these policies (and who knows for sure about that), they sure didn't punish them, leaving the likes of Feinstein to simply write up what happened for the sake of posterity. That total lack of real consequence for the policymakers makes it almost certain that we will resort to the same behaviors the next time a 9/11 happens. And since the stuff we got away with (are getting away with?) this time was this weird – insects in coffin-boxes and drills and hangings and pasta-up-the-wazz weird – just imagine what the next round of innovations will bring. God help us.

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Obama and the Truth Agenda Print
Thursday, 11 December 2014 13:44

Parry writes: "Yes, some Republicans have grumbled about Obama abusing his executive powers over immigration, and some torture-implicated CIA officials and a few far rightists continued quibbling that the torture wasn't really torture. But the backlash has been surprisingly mild."

(photo: Larry Downing/Reuters)
(photo: Larry Downing/Reuters)


Obama and the Truth Agenda

By Robert Parry, Consortium News

11 December 14

 

efore last month’s elections, the Democrats thought it would be smart to avoid policy debates. So, they delayed action on immigration, kept President Barack Obama away from many races, and withheld the Senate’s report on CIA torture – while following a “legacy” strategy of nominating Senate candidates with famous family names. The Democrats got clobbered and all their “legacy” candidates went down to defeat.

It turns out that this sort of strategy is not just anti-democratic – by hiding the issues so the people don’t get a chance to weigh in before an election – but it’s bad politics, too. Since then, the Democrats have moved forward with a different approach, with President Obama enunciating a somewhat more humane immigration policy and finally allowing release of the executive summary of the torture report.

And, surprise, surprise, the sky hasn’t fallen. Yes, some Republicans have grumbled about Obama abusing his executive powers over immigration, and some torture-implicated CIA officials and a few far rightists continued quibbling that the torture wasn’t really torture. But the backlash has been surprisingly mild. Generally speaking, the American people especially seem okay with the release of the Senate Intelligence Committee’s torture report.

Even the Washington Post’s neocon editorial page praised the long-delayed disclosures. After citing the horrifying examples of near drownings, painful stress positions, sleep deprivations and “rectal feeding,” the Post concluded: “This is not how Americans should behave. Ever.”

So, what’s the lesson here? It may be that the American people – or at least many of them – are ready for some truth-telling, whether it’s about how black and brown people are treated in this country or about abuses committed by the government that should be confronted and corrected.

Maybe, these Americans are sick and tired of being treated like children or idiots – and perhaps the new “smart” political play, as well as the right pro-democracy move, is to start respecting the people by giving them facts, not just pablum and propaganda.

So, President Obama might consider following up his new immigration policy and the recent protests against the police killings of Michael Brown and Eric Garner with a new commission on race in America (like the 1960s Kerner Commission which warned that “Our nation is moving toward two societies, one black, one white – separate and unequal”).

And he might continue reinvigorating American democracy by sharing more facts with the American people. From the same era that brought us CIA “black sites,” it would be a no-brainer for Obama to release the hidden pages of the 9/11 report on Saudi funding of the hijackers.

As Saudi Arabia today pushes the United States to engage in a “regime change” in Syria – a move that could lead to a victory by al-Qaeda’s Nusra Front affiliate or the Islamic State – the American people might want to know exactly which side the Saudi “allies” are on.

Obama also shouldn’t stop at just releasing unnecessary secrets from George W. Bush’s administration. He should update the American people on controversies in which his own administration rushed to judgments regarding issues related to war or peace.

The Sarin Mystery

On Syria, for instance, the Saudis (along with Turkey and Israel) almost fulfilled their dream of getting the U.S. military to destroy President Bashar al-Assad’s defenses after Secretary of State John Kerry and other U.S. officials and media jumped to the conclusion that Assad was at fault for a sarin gas attack outside Damascus on Aug. 21, 2013.

Though the furor over that incident brought the United States to the brink of another Mideast war, many of the supposed “facts” cited by Kerry and the others have crumbled under closer scrutiny, such as the belief that a barrage of rockets carried the sarin from a Syrian military base when a subsequent United Nations investigation discovered only one sarin-laden rocket. Rocket experts also concluded that its very limited range traced more likely to rebel-held territory.

In other words, the sarin attack may well have been a rebel provocation meant to draw the U.S. military into the Syrian civil war on the side of the rebels whose most effective fighters are connected to either al-Qaeda or the even more extreme Islamic State. [See Consortiumnews.com’s “Was Turkey Behind Syria-Sarin Attack?”]

More than a year later, U.S. intelligence analysts have a much more comprehensive take on what actually happened, and President Obama could declassify that information even if it embarrasses Secretary Kerry and other high-ranking members of the administration. If the Assad regime was falsely accused, there is also a fairness imperative to correct the record regardless of what you think about Assad.

Similarly, U.S. intelligence analysts have amassed substantial data on another crucial event, one that has ratcheted up war tensions in Eastern Europe, the July 17 shoot-down of Malaysia Airlines Flight 17 over Ukraine. Kerry and others rushed to blame the ethnic Russian rebels in eastern Ukraine and Russian President Vladimir Putin, who supposedly gave the rebels the sophisticated surface-to-air missiles capable of bringing down a plane at 33,000 feet.

The stampede of anti-Russian outrage was so strong that the European Union agreed to U.S. demands for economic sanctions against Moscow, touching off a trade war that has made life harder for people in both Russia and Europe. The shoot-down also gave impetus to the Kiev regime’s “anti-terrorist operation” in eastern Ukraine, dispatching neo-Nazi and other paramilitary militias who have spearheaded the killing of thousands of ethnic Russians.

But I’m told that some U.S. intelligence analysts now view the MH-17 incident much differently from the first few days, with the possibility that the shoot-down may have been committed by a rogue element of the Ukrainian military, possibly trying to bring down a Russian plane and mistakenly destroying the Malaysian airliner which had similar markings.

Whatever the current thinking about who was to blame, clearly U.S. intelligence has much more data today than was available in July when Kerry went on all five Sunday shows pointing the finger at Russia and was joined in his hasty conclusion by virtually the entire U.S. mainstream media.

Obama owes it to the American people and to the families of the 298 dead to release all available U.S. evidence regarding the guilty parties – even if that again embarrasses his Secretary of State.

The Tonkin Precedent

Kerry himself should want the full story told regarding both the Syrian sarin case and the Malaysia plane shoot-down, since – as a young man – he was drawn into the Vietnam War based on false reporting about the Gulf of Tonkin incident in 1964. A suspected clash between North Vietnamese forces and a U.S. destroyer became the basis for the Gulf of Tonkin Resolution which provided the legal authorization for the Vietnam War.

In the Gulf of Tonkin case, senior officials of Lyndon Johnson’s administration soon realized that the attack probably never happened. But that reality was kept hidden from the American people for years as the slaughter went on, with 58,000 Americans and millions of Vietnamese dying. If the factual correction had been made in a timely manner, many of those dead, including servicemen who served with Lt. John Kerry, might have been saved.

However, Kerry, now 70, has become like the older men who sent him and his comrades to fight in Vietnam, more concerned about reputation and pride inside Official Washington than about the blood and suffering of the people affected by misdirected U.S. policies. [See Consortiumnews.com’s “What’s the Matter with John Kerry?”]

Today, Kerry’s State Department appears to see both the conflicts in Syria and Ukraine as battlefields where U.S. “hard power” is limited so a decision has been made to use propaganda or “information warfare” as a “soft power” alternative.

Thus, exploiting these terrible tragedies – hundreds dying from sarin exposure and 298 dying from a plane attack – is viewed as a way to put the U.S. “adversaries” – Assad and Putin, respectively – on the defensive. In this propaganda world, truth is lost to expediency.

Further following the Tonkin Gulf analogy, the U.S. House of Representatives passed a highly belligerent anti-Russian resolution on Dec. 4, by a 411-10 margin. It cited as one justification for sending U.S. military equipment and trainers to Ukraine the supposed “fact” that “Malaysia Airlines Flight 17, a civilian airliner, was destroyed by a Russian-made missile provided by the Russian Federation to separatist forces in eastern Ukraine, resulting in the loss of 298 innocent lives.”

But the case of MH-17 is far from resolved, although clearly President Obama has access to information about the incident that could either help confirm or refute the congressional assertion. Yet, he continues to hide that knowledge from the American people as the United States and Russia inch toward a possible nuclear confrontation over Ukraine.

So, it may be time for Obama to embrace a “truth agenda.” After all, facts have a special place in a democracy, which is dependent on an informed electorate to function, and information should be withheld from the public only in extraordinary circumstances.

However, after the early days of his administration, when Obama did release some important documents relating to the legal opinions that justified Bush’s torture policies, the President lost his way regarding respect for the people’s right to know.

Obama became immersed in the gamesmanship of Official Washington where control of information is regarded as a measure of one’s power. But that allowed the Tea Party and others on the Right to present themselves as “populists” who were standing up against the elites, even though many Republicans were more wedded to secrecy than Obama was.

Now, however, Obama is seeing – amid the positive reaction to the release of the torture report – that many Americans are hungry for facts. They, too, understand that information is power and sense that the political leader who trusts them with that power is the one most on their side.

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FOCUS | Stop the Republicans' Wall Street Giveaway Print
Thursday, 11 December 2014 12:27

Warren writes: "The House is about to vote on a budget deal - a deal negotiated behind closed doors that slips in a provision that would let derivatives traders on Wall Street gamble with taxpayer money, and once again get bailed out by the government when their risky bets threaten to blow up our financial system."

Senator Elizabeth Warren (photo: AP)
Senator Elizabeth Warren (photo: AP)


Stop the Republicans' Wall Street Giveaway

By Elizabeth Warren, Elizabethwarren.com

11 December 14

 

eople are frustrated with Congress. Part of the reason, of course, is gridlock. But mostly it’s because they see a Congress that works just fine for the big guys but won’t lift a finger to help them.

And now the House of Representatives is about to show us the worst of government for the rich and powerful.

The House is about to vote on a budget deal – a deal negotiated behind closed doors that slips in a provision that would let derivatives traders on Wall Street gamble with taxpayer money, and once again get bailed out by the government when their risky bets threaten to blow up our financial system.

These are the same banks that nearly broke this economy in 2008 and destroyed millions of jobs. The same banks that got bailed out by taxpayers and are now raking in record profits. The same banks that are spending a whole lot of time and money trying to influence Congress to bend the rules in their favor.

I’m urgently calling on Congress to withhold support of the deal today until this dangerous giveaway is removed from the legislation. Join me right now to stand up to Wall Street.

You will hear a lot of folks say that the rule that will be repealed in the Omnibus is technical and complicated, and that you shouldn’t worry about it because smart people who know more than you about financial issues say that it’s no big deal. Don’t believe them.

Actually, the rule is pretty simple. Here’s what it’s called – the rule that the House is about to repeal – and I’m quoting from the text of Dodd-Frank – “PROHIBITION AGAINST FEDERAL GOVERNMENT BAILOUTS OF SWAPS ENTITIES.”

We put this rule in place after the collapse of the financial system because we wanted to reduce the risk that reckless gambling on Wall Street could ever again threaten jobs and livelihoods on Main Street. We put this rule in place because people of all political persuasions were disgusted at the prospects of future bailouts.

And now, no debate, no discussion, Republicans in the House of Representatives are threatening to shut down the government if they don’t get a chance to repeal it.

That raises a simple question – why? If this rule brings more stability to our financial system, if this rule prevents future government bailouts, why in the world would anyone want to repeal it, let alone hold the entire government hostage in order to ram through the repeal?

The reason, unfortunately, is simple. It’s about money, and it’s about power. Because while this legal change could pose serious risks to our entire economy, it’ll also make a lot of money for Wall Street banks.

Wall Street isn’t subtle about this one – according to documents reviewed by the New York Times, the original bill that is being incorporated into the House’s spending legislation today was literally written by Citigroup lobbyists, who “redrafted” the legislation, “striking out certain phrases and inserting others.”

I know that House and Senate negotiators from both parties have worked long and hard to come to an agreement on the omnibus spending legislation. And Senate leaders deserve great credit for preventing the House from carrying out some of their more aggressive fantasies about dismantling even more pieces of financial reform.

But this provision goes too far. Citigroup is large, and it is powerful. But it is a single, private company. It shouldn’t get to hold the entire government hostage – to threaten a government shutdown – in order to roll back important protections that keep our economy safe.

This is a democracy, and the American people didn’t elect us to stand up for Citigroup. They elected us to stand up for all of the people.

We all need to stand and fight this giveaway to the most powerful banks in the country. Join me in calling on Congress to withhold support of this package until this risky giveaway is removed from the legislation.

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FOCUS | Why President Obama Should Veto This Budget and Shut Down the Government Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7118"><span class="small">Carl Gibson, Reader Supported News</span></a>   
Thursday, 11 December 2014 10:39

Gibson writes: "The omnibus spending bill that Congress is about to pass is just about the most corrupt and dangerous piece of legislation to come out of Washington in a long time."

Derivatives trading contributed to a financial meltdown in 2008. (photo: USA Today)
Derivatives trading contributed to a financial meltdown in 2008. (photo: USA Today)


ALSO SEE: Six Reasons the New Budget Is Bad for America

ALSO SEE: Congressional Budget Welcomes Big Bank Bailouts Once More Despite White House Opposition

Why President Obama Should Veto This Budget and Shut Down the Government

By Carl Gibson, Reader Supported News

11 December 14

 

shiver is running through Congress, looking for a Democratic spine to run up.

When this Congress works together to get something done, it’s almost always a great deal for their donors and a profoundly shitty one for the rest of us. The omnibus spending bill that Congress is about to pass is just about the most corrupt and dangerous piece of legislation to come out of Washington in a long time. Spineless Democrats are caving to Republican hostage demands, doing anything to avoid a government shutdown. But Obama could send a strong message with his veto pen to the 114th Congress – any deal this bad won’t get his signature, regardless of a shutdown threat from Republicans. So what’s so bad about this deal that a government shutdown is preferable? A lot of things, but one stands out more than the rest.

Last year, House Republicans passed a bill that would’ve repealed the government’s new regulations preventing derivatives trading from being insured by the FDIC, but the Senate killed it. The current spending bill expected to hit President Obama’s desk by Thursday night includes the same language from that bill, and Republicans buried it in the massive document betting on Democrats to pass it rather than have a government shutdown fall on their shoulders. The kicker is that lobbyists working for Citigroup, which received $476 billion in cash and guarantees in the 2008 bailouts, wrote 70 of the 85 lines in the derivatives deregulation bill that was just concealed in the omnibus spending bill.

The previous financial collapse happened largely because Wall Street lost big making risky bets on derivatives, and demanded a taxpayer bailout lest we watch all of our assets go down the drain. Most people who have real jobs and actually contribute value to the economy don’t know what a derivative is, but a layman’s explanation for a derivative is a security that Wall Street trades in high numbers that’s based on the value of another asset, like a homeowner’s mortgage or another nation’s credit. Derivatives were specifically invented to avoid being categorized as something the federal government is tasked with regulating, like securities, bonds, insurance, or gambling, which is why Dodd-Frank's provisions on derivatives regulation are so important. Given all of that, what the House just slipped into the federal budget for next year is guaranteed to eventually cause a financial crash that would make 2008 look like a bumper getting tapped by a moped at a red light.

According to Forbes, the amount of derivatives trading on the global market is valued at over $700 trillion, which is ten times the size of the global economy. The U.S. derivatives market is approximately $230 trillion, and Bank of America and JPMorgan Chase have close to $150 trillion in derivatives. What makes this so dangerous is that 71 percent of BofA’s derivatives are held in the bank’s depository arm, and 99 percent of JPMorgan’s $70 trillion in derivatives are in their depository arm. While a lot of those numbers exist only tangentially, there’s still $12 trillion of actual cash that’s at risk.

The problem with this is that both BofA and JPMorgan have just $1 trillion in cash deposits. The bigger problem is that section 716 of the Dodd-Frank act forbids government bailouts of banks with taxpayer money, meaning the only way the big banks can save themselves in the event of another crash is by seizing the cash in all of our accounts in a “bail-in,” as Public Banking Institute president Ellen Brown covered in this detailed article. The biggest problem is that by sneaking this Citigroup-written derivatives deregulation into the federal budget, Republicans have put the FDIC back on the hook for insuring derivatives trading, which only has $25 billion in its depositor insurance fund.

Obviously, the FDIC’s insurance fund won’t be able to cover the next derivatives crash once the bubble eventually pops. In that situation, the only way to stop the global economy from imploding would be to reinstate the Glass-Steagall Act, which President Clinton repealed in 1999. If reinstated, the act would force banks to separate commercial operations from investment operations. But since this hasn’t happened, all of the money we keep in bank accounts because it’s presumably safer than having it in our pockets will eventually be seized by the banks when they lose at the derivatives casino. And if President Obama signs the spending bill into law as is, it won’t be a question of if this ever happens, but when.

Obviously a government shutdown is a terrible thing. Federal employees and members of the military won’t get a paycheck, leaving spouses and children in the lurch. Low-income families won’t get any food assistance or heating assistance. Early childhood education will stop. Nobody will be on the clock to inspect whether or not working conditions at factories are safe. Nobody will be around to monitor whether or not delicate nature preserves are being used as dumping grounds. Meat and pharmaceuticals won’t get inspected. Nuclear waste won’t get cleaned up. National treasures like the Grand Canyon and the Smithsonian will be closed. But as bad as all of that is, it doesn’t come close to nobody being able to withdraw any money from their accounts.

If President Obama is serious about protecting our life savings from being pillaged by the big banks, he has no other choice but to stand firm and veto any budget deal that includes derivatives deregulation. And we the people must be firm in pushing for a reinstatement of the Glass-Steagall Act that breaks up the big banks for good and prevents any future possibility of losing every cent we own.


Carl Gibson, 26, is co-founder of US Uncut, a nationwide creative direct-action movement that mobilized tens of thousands of activists against corporate tax avoidance and budget cuts in the months leading up to the Occupy Wall Street movement. Carl and other US Uncut activists are featured in the documentary "We're Not Broke," which premiered at the 2012 Sundance Film Festival. He currently lives in Madison, Wisconsin. You can contact him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and follow him on twitter at @uncutCG.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Why the Founding Fathers Thought Banning Torture Foundational to the US Constitution Print
Wednesday, 10 December 2014 14:02

Cole writes: "The Bill of Rights of the US Constitution is full of prohibitions on torture, as part of a general 18th century Enlightenment turn against the practice."

Torture violates values of the Enlightenment and principles established in the Bill of Rights. (photo: Getty)
Torture violates values of the Enlightenment and principles established in the Bill of Rights. (photo: Getty)


Why the Founding Fathers Thought Banning Torture Foundational to the US Constitution

By Juan Cole, Informed Comment

10 December 14

 

have argued on many occasions that the language of patriotism and appeal to the Founding Fathers and the constitution must not be allowed to be appropriated by the political right wing in contemporary America, since for the most part right wing principles (privileging religion, exaltation of ‘whiteness’ over universal humanity, and preference for property rights over human rights) are diametrically opposed to the Enlightenment and Deist values of most of the framers of the Unites States.

We will likely hear these false appeals to an imaginary history a great deal with the release of the Senate report on CIA torture. It seems to me self-evident that most of the members of the Constitutional Convention would have voted to release the report and also would have been completely appalled at its contents.

The Bill of Rights of the US Constitution is full of prohibitions on torture, as part of a general 18th century Enlightenment turn against the practice. The French Encyclopedia and its authors had agitated in this direction.

Two types of torture were common during the lifetimes of the Founding Fathers. In France, the judiciary typically had arrestees tortured to make them confess their crime. This way of proceeding rather tilted the scales in the direction of conviction, but against justice. Pre-trial torture was abolished in France in 1780. But torture was still used after the conviction of the accused to make him identify his accomplices.

Thomas Jefferson excitedly wrote back to John Jay from Paris in 1788:

“On the 8th, a bed of justice was held at Versailles, wherein were enregistered the six ordinances which had been passed in Council, on the 1st of May, and which I now send you. . . . By these ordinances, 1, the criminal law is reformed . . . by substitution of an oath, instead of torture on the question préalable , which is used after condemnation, to make the prisoner discover his accomplices; (the torture abolished in 1780, was on the question préparatoire, previous to judgment, in order to make the prisoner accuse himself;) by allowing counsel to the prisoner for this defence; obligating the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestionably good and within the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom, who yields to the progress of philanthropy and civilization.”

Jefferson did not approve of torture of either sort.

The torture deployed by the US government in the Bush-Cheney era resembles that used in what the French called the “question préalable.” They were being asked to reveal accomplices and any further plots possibly being planned by those accomplices. The French crown would have argued before 1788 that for reasons of public security it was desirable to make the convicted criminal reveal his associates in crime, just as Bush-Cheney argued that the al-Qaeda murderers must be tortured into giving up confederates. But Jefferson was unpersuaded by such an argument. In fact, he felt that the king had gone on making it long past the time when rational persons were persuaded by it.

Bush-Cheney, in fact, look much more like pre-Enlightentment absolute monarchs in their theory of government. Louis XIV may not have said “I am the state,” but his prerogatives were vast, including arbitrary imprisonment and torture. Bush-Cheney, our very own sun kings, connived at creating a class of human beings to whom they could do as they pleased.

When the 5th amendment says of the accused person “nor shall be compelled in any criminal case to be a witness against himself” the word “compelled” is referring to the previous practice of judicial torture of the accused. Accused persons who “take the fifth” are thus exercising a right not to be tortured by the government into confessing to something they may or may not have done.

Likewise, the 8th Amendment, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” is intended to forbid post-sentencing torture.

The 8th Amendment was pushed for by Patrick Henry and George Mason precisely because they were afraid that the English move away from torture might be reversed by a Federal government that ruled in the manner of continental governments.

Patrick Henry wrote,

“What has distinguished our ancestors?–That they would not admit of tortures, or cruel and barbarous punishment. But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany.”

It was objected in the debate over the Bill of Rights that it could be ignored. George Mason thought that was a stupid reason not to enact it:

“Mr. Nicholas: . . . But the gentleman says that, by this Constitution, they have power to make laws to define crimes and prescribe punishments; and that, consequently, we are not free from torture. . . . If we had no security against torture but our declaration of rights, we might be tortured to-morrow; for it has been repeatedly infringed and disregarded.

Mr. George Mason replied that the worthy gentleman was mistaken in his assertion that the bill of rights did not prohibit torture; for that one clause expressly provided that no man can give evidence against himself; and that the worthy gentleman must know that, in those countries where torture is used, evidence was extorted from the criminal himself. Another clause of the bill of rights provided that no cruel and unusual punishments shall be inflicted; therefore, torture was included in the prohibition.”

It was the insistence of Founding Fathers such as George Mason and Patrick Henry that resulted in the Bill of Rights being passed to constrain the otherwise absolute power of the Federal government. And one of their primary concerns was to abolish torture.

The 5th and the 8th amendments thus together forbid torture on the “question préparatoire” pre-trial confession under duress) and the question préalable (post-conviction torture).

That the Founding Fathers were against torture is not in question.

Fascists (that is what they are) who support torture will cavil. Is waterboarding torture? Is threatening to sodomize a man with a broomstick torture? Is menacing a prisoner with a pistol torture?

Patrick Henry’s discourse makes all this clear. He was concerned about the government doing anything to detract from the dignity of the English commoner, who had defied the Norman yoke and gained the right not to be coerced through pain into relinquishing liberties.

Fascists will argue that the Constitution does not apply to captured foreign prisoners of war, or that the prisoners were not even P.O.W.s, having been captured out of uniform.

But focusing on the category of the prisoner is contrary to the spirit of the founding fathers. Their question was, ‘what are the prerogatives of the state?’ And their answer was that the state does not have the prerogative to torture. It may not torture anyone, even a convicted murderer.

The framers of the Geneva Convention (to which the US is signatory) were, moreover, determined that all prisoners fall under some provision of international law. René Värk argues:

“the commentary to Article 45 (3) asserts that ‘a person of enemy nationality who is not entitled to prisoner-of-war status is, in principle, a civilian protected by the Fourth Convention, so that there are no gaps in protection’.*32 But, at the same time, it also observes that things are not always so straightforward in armed conflicts; for example, adversaries can have the same nationality, which renders the application of the Fourth Convention impossible, and there can arise numerous difficulties regarding the application of that convention. Thus, as the Fourth Convention is a safety net to persons who do not qualify for protection under the other three Geneva Conventions, Article 45 (3) serves yet again as a safety net for those who do not benefit from more favourable treatment in accordance with the Fourth Convention.”

Those who wish to create a category of persons who may be treated by the government with impunity are behaving as fascists like Franco did in the 1930s, who also typically created classes of persons to whom legal guarantees did not apply.

But if our discussion focuses on the Founding Fathers, it isn’t even necessary to look so closely at the Geneva Conventions.

Thomas Jefferson wrote in the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

The phrase “all men” means all persons of any nationality.

We know what the Founding Fathers believed. They believed in universal rights. And they believed in basic principles of human dignity. Above all, they did not think the government had the prerogative of behaving as it pleased. It doesn’t have the prerogative to torture.

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