Sandra Finley

Jul 202014
 

Evidence is from the transcript of the testimony of

Yves Beland, Director of Census Operations at Statistics Canada, in the

Trial of Audrey Tobias, Toronto, October 2013

 

Non-compliance with the Census grew to 11% by the 2011 Census.

1.6 million households did not comply

out of 14.6 million

StatsCan reported this as a 2% non-compliance rate when in fact it’s 11%.

Not all of the increase was due to growing awareness of Lockheed Martin’s involvement, but ENOUGH of it that the Government had to end Lockheed Martin’s involvement.   (Well, not really)   See   2014-07-17 Transcript, Tobias trial establishes Lockheed Martin is OUT 

TRANSCRIPT,  THE NUMBERS

The following was accepted as an Exhibit in the Stegenga Trial, July 2014

PAGE 9:

8   Q   Oh sorry, 14.6 million dwelling addresses that were ultimately identified?

A.   Yes.

Q.   And so 14.6 million requests were made . . .

A.   Yes.

Q. . . . for completion of the form?

A.   Yes.

Q.   Okay.

A.   We received a little bit over 13 million completed questionnaires for 98 per cent response rate.

– – – – – – – – – – – – – – – – – – –

1.6 million questionnaires were not returned

1.6 out of 14.6 million = 11%  non-compliance

 

 

Jul 202014
 

UPDATE:  The Excerpts from Court Transcript below say “Lockheed Martin is out”.   However,  StatsCan posted expense claims submitted by its second-in-command for attendance at FVEY meetings that identify Lockheed Martin’s role (“steerage”) in establishing compatibility of Census operations in FVEY countries.   Lockheed Martin specializes in international surveillance, in addition to its numerous felonies.    I am skeptical about the claim that “Lockheed Martin is out.”   See

2016-03-18 Does Lockheed Martin Corp have a role in the 2016 Census?

R v TOBIAS

EXCERPTS FROM TRANSCRIPT

TESTIMONY OF YVES BELAND, DIRECTOR OF CENSUS OPERATIONS

Toronto, October 2013

  1. LOCKHEED MARTIN IS “OUT OF THE PICTURE TOTALLY FOR THE NEXT ONE” (CENSUS, 2016).  See below.

 

  1. THE REASON FOR THREE SUCCESSIVE “SCALE BACK”s, BETWEEN 2004 AND TODAY, DOWN TO ZERO, IS PERSISTENT WIDESPREAD CITIZEN PROTEST.

Exactly. We descope as soon as we heard those concerns. We took the matter very seriously and we descoped their (Lockheed Martin’s) mandate right away.    Details down below.

On the NUMBERS, see  StatsCan math is wrong.  The information is also from the Tobias Transcript.  Non-compliance grew to 11%, not 2%, the figure used by StatsCan.

 

The Crown (StatsCan and the Justice Dept) need to answer the question:

WHY the continued prosecution of citizens who object to Lockheed Martin’s involvement, when StatsCan has taken steps to remove Lockheed Martin completely?

RE:  Trial of (Karen) Eve Segenga,  Powell River BC, July 2014:

the Judge gave Eve a conditional discharge.  The Transcript information was an Exhibit in the Trial.

 

EXCERPTS FROM THE TRANSCRIPT

HER MAJESTY THE QUEEN

AUDREY TOBIAS

**********

PROCEEDINGS AT TRIAL

EVIDENCE ONLY OF YVES BELAND

**********

BEFORE THE HONOURABLE, MR. JUSTICE R. KHAWLY

On October 3rd, 2013, at Toronto, Ontario

 

The testimony of the StatsCan witness Yves Beland, Director of Census Operations Division, tells

• they were getting resistance to Lockheed Martin’s involvement from the beginning (2004) during the development period.
• StatsCan reacted by “scaling back” substantially on the Lockheed contract, for the 2006 Census.
• StatsCan cut again, down to $20 million for the 2011 Census.
• Resistance continued, as documented elsewhere.
• Lockheed will be completely out of it by the next census (2016).

As far as I know, Canadians have not been told this. The only source is the transcript of the testimony under oath by Yves Beland, Director of Census Operations, witness in the Tobias trial.  Only a handful of people have seen the transcript.

AND I think you have to be VERY careful about word-smithing, for example page 48 below.

So, no more contracts for Lockheed Martin, BUT REGARDLESS, StatsCan and the Justice Dept proceed with the prosecution of Eve Stegenga (and Audrey Tobias and Janet Churnin before her) who objected to Lockheed’s involvement.

 

PAGE 26:

10  A. Lockheed was awarded the contract in 2008.

Q. Okay. And what was the amount of the contract?

A. For the 2011 census, Statistic Canada took over a lot of the responsibilities that Lockheed had in the 2006, so the total amount for the 2011 contract was 20 million dollars.

Q. Okay. And so you said then that they were also awarded a contract for the 2006 census?

20   A. Yes, correct.

Q. Okay. And that it was scaled back in the 2011 census?

A. Okay. Yes, it was scaled back …

Q. All right.

25  A. … 2011 census.

Q. All right. Can you … maybe we’ll talk first then about the 2006 census.

A. Okay.

Q. Can you tell us what the role was in

30  that census?

A. So their initial role was to … was much larger than what they ended up doing up at the

Page 27:

end, and I’ll get through that, but their initial role was to build the census processing system. So giving us the … a solution to handle and combine information coming from paper, internet and telephone, altogether.

5 So they basically built the census population system from scratch.

In addition to that, they … they handled the printing contract and they handled specific

10 IT solution contract as well. But initially they were suppose to … they were suppose to acquire the space to do the processing of the paper questionnaire. They were suppose to equip and fit that space to conduct the processing system. They were suppose to hire the human

15 resources to actually do the work during the processing activity. And they were providing the management aspect of those activities. The four items I just mentioned, they did not do it. In 2004, because of some … some Canadians including members of the 20 parliament, they were concerned regarding the Patriot Act and then they … their concern was were not … were not true. But it was perceived that the US government, through the Patriot Act, could access confidential information provided by Canadians that

25 would … that would be collected using the Lockheed Martin system.

Q. So what you’re saying then is to alleviate those concerns, Lockheed Martins role for the

2006 census was limited?

30 A. Exactly. We descope as soon as we heard those concerns. We took the matter very seriously and we descoped their mandate right away.

THEN LATER, P 48:

10… that was part of the deal with Lockheed that they would build it. They would do a little bit less in 2011 and they’re out of the picture totally for the next one. So Stat Can has taken over the entire maintenance and setting up of the census processing system.

Jul 132014
 

http://beautifultrouble.org/tactic/identity-correction/ 

Contributed by

“Artists use lies to tell the truth. Yes, I created a lie. But because you believed it, you found something true about yourself.”

Alan Moore

Common Uses
To embarrass your target; to correct the public record; to expose corporate malfeasance; to reframe an issue.
When trying to understand how a machine works, it helps to expose its guts. The same can be said of powerful people or corporations who enrich themselves at the expense of everyone else. By catching powerful entities off-guard — say, by speaking on their behalf about wonderful things they should do (but in reality won’t) — you can momentarily expose them to public scrutiny. In this way, everyone gets to see how they work and can figure out how better to oppose them.This is identity correction: exposing an entity’s inner workings to public scrutiny. To practice it, find a target — some entity running amok — and think of something true they could say but never would — something that’s also lots of fun. What you say can either be something your target would say if its PR department went absent or berserk (modest proposal), or things they would say if by some miracle they decided to do the right thing (honest proposal). Instead of speaking truth to power, as the Quakers suggest, you assume the mask of power to speak a little lie that tells a greater truth.The modest proposal approach — which the Yes Men and others have used on many occasions to impersonate companies and parody them — can be a hit-or-miss affair. It usually involves an absurd and extreme — but logical — extension of the entity’s current practices, like when the Billionaires for Bush put Social Security up for sale on eBay, or when the Yes Men suggested that CEOs in the West would want to remotely monitor and control workers in factories in Africa via a control panel mounted on a huge golden phallus.

In spite of the emotionally satisfying payoff of antics like those, it’s the honest proposal approach — assuming the identity of a big evildoer and announcing they’re doing something wonderful — that has proven to be the more effective way to embarrass a target. When the Yes Men impersonated Dow Chemical on the twentieth anniversary of the Bhopal catastrophe and announced on Dow’s behalf that it was finally taking responsibility for the disaster see CASE: Dow Chemical apologizes for Bhopal; or when U.S. Uncut activists announced that GE was paying its 2010 taxes after all see TACTIC: Hoax; or when activists impersonating French officials announced that Haiti’s debt — imposed when Haiti won independence from France, to compensate French slaveowners for their lost “property” — would at long last be forgiven; or when environmental activists impersonated Canada (in one case) or the U.S. Chamber of Commerce (in another) and announced surprising and wonderful things… In all these cases, the consequences were immediate: voluminous news reports about the unlikely turn of events (and, in the Dow and GE cases, giant temporary drops in each company’s stock value). These in turn provided fodder for a wave of other articles about the whole hoax, providing a media platform for the reform programs of campaigners working on these issues.

Key Principle at work

The real action is your target’s reaction

Often the most revealing moment in a successful identity correction is the reaction of the target. When you identity-correct a major corporation, you force them to react. They can’t let the lie that tells the truth stand in the media. GE had to tell the press it was NOT returning its questionable tax refund to stand in solidarity with struggling Americans. Dow Chemical had to issue a statement indicating it had NOT apologized for the Bhopal disaster and would NOT be compensating the victims.

 

Potential Pitfalls
Getting caught by the real folks you are impersonating. Not really a pitfall, just a plot twist.
Andy Bichlbaum (AKA Jacques Servin) got his start as an activist when, as a computer programmer, he inserted a swarm of kissing boys in a shoot-’em-up video game just before it shipped to store shelves, and found himself fired, famous, and hugely amused. Now, Andy helps run the Yes Lab for Creative Activism as part of his job as professor of subversion at New York University. Bichlbaum once flew down the Nile in a two-seater airplane, bringing a live goat to a remote Sudanese village as a hostess gift for a homecoming party. (The party was fun and the goat was insanely delicious.)

Jul 122014
 

It was interesting to be aware of “Thoughts” as I was reading the article, and than again later.   Time permitting, I’ll note them in “Comments” below.  Feel free to add yours.    /Sandra

http://www.theguardian.com/world/2014/jul/11/miami-drowning-climate-change-deniers-sea-levels-rising

Low-lying south Florida, at the front line of climate change in the US, will be swallowed as sea levels rise. Astonishingly, the population is growing, house prices are rising and building goes on. The problem is the city is run by climate change deniers

Robin McKie, science editor, in Miami

The Observer,

Miami coastline

The Miami coastline: there are fears that even a 30cm rise in the sea level could be catastrophic. Photograph: Joe Raedle/Getty

A drive through the sticky Florida heat into Alton Road in Miami Beach can be an unexpectedly awkward business. Most of the boulevard, which runs north through the heart of the resort’s most opulent palm-fringed real estate, has been reduced to a single lane that is hemmed in by bollards, road-closed signs, diggers, trucks, workmen, stacks of giant concrete cylinders and mounds of grey, foul-smelling earth.

It is an unedifying experience but an illuminating one – for this once glamorous thoroughfare, a few blocks from Miami Beach’s art deco waterfront and its white beaches, has taken on an unexpected role. It now lies on the front line of America’s battle against climate change and the rise in sea levels that it has triggered.

“Climate change is no longer viewed as a future threat round here,” says atmosphere expert Professor Ben Kirtman, of the University of Miami. “It is something that we are having to deal with today.”

Every year, with the coming of high spring and autumn tides, the sea surges up the Florida coast and hits the west side of Miami Beach, which lies on a long, thin island that runs north and south across the water from the city of Miami. The problem is particularly severe in autumn when winds often reach hurricane levels. Tidal surges are turned into walls of seawater that batter Miami Beach’s west coast and sweep into the resort’s storm drains, reversing the flow of water that normally comes down from the streets above. Instead seawater floods up into the gutters of Alton Road, the first main thoroughfare on the western side of Miami Beach, and pours into the street. Then the water surges across the rest of the island.

The effect is calamitous. Shops and houses are inundated; city life is paralysed; cars are ruined by the corrosive seawater that immerses them. During one recent high spring tide, laundromat owner Eliseo Toussaint watched as slimy green saltwater bubbled up from the gutters. It rapidly filled the street and then blocked his front door. “This never used to happen,” Toussaint told reporters. “I’ve owned this place eight years and now it’s all the time.”

Today, shop owners keep plastic bags and rubber bands handy to wrap around their feet when they have to get to their cars through rising waters, while householders have found that ground-floor spaces in garages are no longer safe to keep their cars. Only those on higher floors can hope to protect their cars from surging sea waters that corrode and rot the innards of their vehicles.

Hence the construction work at Alton Road, where $400m is now being spent in an attempt to halt these devastating floods – by improving Miami Beach’s stricken system of drains and sewers. In total, around $1.5bn is to be invested in projects aimed at holding back the rising waters. Few scientists believe the works will have a long-term effect.

lowlying houses miami Low-lying houses in Miami Beach are especially vulnerable. Photograph: Joe Raedle/Getty Images

 

“There has been a rise of about 10 inches in sea levels since the 19th century – brought about by humanity’s heating of the planet through its industrial practices – and that is now bringing chaos to Miami Beach by regularly flooding places like Alton Road,” says Harold Wanless, a geology professor at the University of Miami. “And it is going to get worse. By the end of this century we could easily have a rise of six feet, possibly 10 feet. Nothing much will survive that. Most of the land here is less than 10 feet above sea level.”

What makes Miami exceptionally vulnerable to climate change is its unique geology. The city – and its satellite towns and resorts – is built on a dome of porous limestone which is soaking up the rising seawater, slowly filling up the city’s foundations and then bubbling up through drains and pipes. Sewage is being forced upwards and fresh water polluted. Miami’s low topography only adds to these problems. There is little land out here that rises more than six feet above sea level. Many condos and apartment blocks open straight on the edge of the sea. Of the total of 4.2 million US citizens who live at an elevation of four feet or less, 2.4 million of them live in south Florida.

At Florida International University, geologist Peter Harlem has created a series of maps that chart what will happen as the sea continues to rise. These show that by the time oceans have risen by four feet – a fairly conservative forecast – most of Miami Beach, Key Biscayne, Virginia Key and all the area’s other pieces of prime real estate, will be bathtubs. At six feet, Miami city’s waterfront and the Florida Keys will have disappeared. The world’s busiest cruise ship port, which handles four million passengers, will disappear beneath the waves. “This is the fact of life about the ocean: it is very, very powerful,” says Harlem.

Miami and its surroundings are facing a calamity worthy of the Old Testament. It is an astonishing story. Despite its vast wealth, the city might soon be consumed by the waves, for even if all emissions of carbon dioxide were halted tomorrow – a very unlikely event given their consistent rise over the decades – there is probably enough of the gas in the atmosphere to continue to warm our planet, heat and expand our seas, and melt polar ice. In short, there seems there is nothing that can stop the waters washing over Miami completely.

It a devastating scenario. But what really surprises visitors and observers is the city’s response, or to be more accurate, its almost total lack of reaction. The local population is steadily increasing; land prices continue to surge; and building is progressing at a generous pace. During my visit last month, signs of construction – new shopping malls, cranes towering over new condominiums and scaffolding enclosing freshly built apartment blocks – could be seen across the city, its backers apparently oblivious of scientists’ warnings that the foundations of their buildings may be awash very soon.

Activists Demonstrate Against Sen. Rubio's Miami Office Protesters gather near the office of Senator Marco Rubio to ask him to take action to address climate change. Photograph: Joe Raedle/Getty Images

 

Not that they are alone. Most of Florida’s senior politicians – in particular, Senator Marco Rubio, former governor Jeb Bush and current governor Rick Scott, all Republican climate-change deniers – have refused to act or respond to warnings of people like Wanless or Harlem or to give media interviews to explain their stance, though Rubio, a Republican party star and a possible 2016 presidential contender, has made his views clear in speeches. “I do not believe that human activity is causing these dramatic changes to our climate the way these scientists are portraying it. I do not believe that the laws that they propose we pass will do anything about it, except it will destroy our economy,” he said recently. Miami is in denial in every sense, it would seem. Or as Wanless puts it: “People are simply sticking their heads in the sand. It is mind-boggling.”

Not surprisingly, Rubio’s insistence that his state is no danger from climate change has brought him into conflict with local people. Philip Stoddard, the mayor of South Miami, has a particularly succinct view of the man and his stance. “Rubio is an idiot,” says Stoddard. “He says he is not a scientist so he doesn’t have a view about climate change and sea-level rise and so won’t do anything about it. Yet Florida’s other senator, Democrat Bill Nelson, is holding field hearings where scientists can tell people what the data means. Unfortunately, not enough people follow his example. And all the time, the waters are rising.”

Philip Stoddard is particularly well-placed to judge what is happening to Miami. Tall, thin, with a dry sense of humour, he is a politician, having won two successive elections to be mayor of South Miami, and a scientist, a biology professor at Florida International University. The backyard of the home that he shares with his architect wife, Grey Reid, reflects his passion for the living world. While most other South Miami residences sport bright blue swimming pools and barbecues, Stoddard has created a small lake, fringed with palms and ferns, that would do justice to the swampy Everglades near his home. Bass, koi and mosquito fish swim here, while bright dragonflies and zebra lapwing butterflies flit overhead. It is a naturalists’ haven but Stoddard is under no illusions about the risks facing his home. Although several miles inland, the house is certainly not immune to the changes that threaten to engulf south Florida.

“The thing about Miami is that when it goes, it will all be gone,” says Stoddard. “I used to work at Cornell University and every morning, when I went to work, I climbed more elevation than exists in the entire state of Florida. Our living-room floor here in south Miami is at an elevation of 10 feet above sea level at present. There are significant parts of south Florida that are less than six feet above sea level and which are now under serious threat of inundation.”

Nor will south Florida have to wait that long for the devastation to come. Long before the seas have risen a further three or four feet, there will be irreversible breakdowns in society, he says. “Another foot of sea-level rise will be enough to bring salt water into our fresh water supplies and our sewage system. Those services will be lost when that happens,” says Stoddard.

“You won’t be able to flush away your sewage and taps will no longer provide homes with fresh water. Then you will find you will no longer be able to get flood insurance for your home. Land and property values will plummet and people will start to leave. Places like South Miami will no longer be able to raise enough taxes to run our neighbourhoods. Where will we find the money to fund police to protect us or fire services to tackle house fires? Will there even be enough water pressure for their fire hoses? It takes us into all sorts of post-apocalyptic scenarios. And that is only with a one-foot sea-level rise. It makes one thing clear though: mayhem is coming.”

And then there is the issue of Turkey Point nuclear plant, which lies 24 miles south of Miami. Its operators insist it can survive sea surges and hurricanes and point out that its reactor vessel has been built 20 feet above sea level. But critics who include Stoddard, Harlem and others argue that anciliary equipment – including emergency diesel generators that are crucial to keeping cooling waters circulating in the event of power failure – are not so well protected. In the event of sea rise and a major storm surge, a power supply disruption could cause a repeat of the Fukushima accident of 2011, they claim. In addition, inundation maps like those prepared by Harlem show that with a three-foot sea-level rise, Turkey Point will be cut off from the mainland and will become accessible only by boat or aircraft. And the higher the seas go, the deeper it will be submerged.

Turkey Point was built in the 1970s when sea level rises were not an issue, of course. But for scientists like Ben Kirtman, they are now a fact of life. The problem is that many planners and managers still do not take the threat into account when planning for the future, he argues. A classic example is provided by the state’s water management. South Florida, because it is so low-lying, is criss-crossed with canals that take away water when there is heavy rainfall and let it pour into the sea.

“But if you have sea level rises of much more than a foot in the near future, when you raise the canal gates to let the rain water out, you will find sea water rushing in instead,” Kirtman said. “The answer is to install massive pumps as they have done in New Orleans. Admittedly, these are expensive. They each cost millions of dollars. But we are going to need them and if we don’t act now we are going to get caught out. The trouble is that no one is thinking about climate change or sea-level rises at a senior management level.”

The problem stems from the top, Kirtman said, from the absolute insistence of influential climate change deniers that global warming is not happening. “When statesmen like Rubio say things like that, they make it very, very hard for anything to get done on a local level – for instance for Miami to raise the millions it needs to build new sewers and canals. If local people have been told by their leaders that global warming is not happening, they will simply assume you are wasting their money by building defences against it.

“But global warming is occurring. That is absolutely unequivocal. Since the 1950s, the climate system has warmed. That is an absolute fact. And we are now 95% sure that that warming is due to human activities. If I was 95% sure that my house was on fire, would I get out? Obviously I would. It is straightforward.”

This point is backed by Harold Wanless. “Every day we continue to pump uncontrolled amounts of greenhouse gas into the atmosphere, we strengthen the monster that is going to consume us. We are heating up the atmosphere and then we are heating up the oceans so that they expand and rise. There doesn’t look as if anything is going to stop that. People are starting to plan in Miami but really they just don’t see where it is all going.”

Thus one of the great cities of the world faces obliteration in the coming decades. “It is over for south Florida. It is as simple as that. Nor is it on its own,” Wanless admits.

“The next two or three feet of sea-level rise that we get will do away with just about every barrier island we have across the planet. Then, when rises get to four-to-six feet, all the world’s great river deltas will disappear and with them the great stretches of agricultural land that surrounds them. People still have their heads in the sand about this but it is coming. Miami is just the start. It is worth watching just for that reason alone. It is a major US city and it is going to let itself drown.”

Other areas at risk

London

With eight power stations, 35 tube stations and all of Whitehall in the tidal Thames floodplain, the threat of floods has long loomed large, posing a risk to the economy, infrastructure and national heritage. With sea level rises and increased rainfall on the cards thanks to climate change, measures are being put in place to revamp and boost the ageing flood defences. Meanwhile, the south-east of England is sinking by around 1.5mm a year.

Amsterdam/Netherlands

The Dutch are often looked to as the masters of flood defence engineering with their impressive array of dams, dikes and barriers. It’s a skill they have had to acquire as almost half the population lives less than 3ft above sea level and many livelihoods depend on the country’s strong flood defences. They have adopted a “live with water, rather than fight it” attitude in recent years, with innovations including “floating homes” being built in Amsterdam.

New Orleans

Bearing in mind that roughly half of New Orleans is below sea level, its future in terms of coastal flooding does not look too bright. Indeed, according to the World Bank it is the fourth-most vulnerable city to future sea level rise in economic costs, with predicted average annual losses of $1.8bn in 2050. It is predicted that rising waters and subsiding land could result in relative sea level rises of up to 4.6ft by 2100, one of the highest rates in the US.

Maldives

The Maldives is generally thought of as an island paradise but is critically endangered by the rising ocean that both supports and surrounds it. Of its 1,192 islands, 80% are less than 3ft above sea level, with global warming putting the Maldives at risk of becoming the Atlantis of our time. So perhaps it is unsurprising that the Maldivian president is looking at the options of buying land should the country’s 200 densely inhabited islands need to be evacuated.There’s even a pot of money especially allocated for buying land overseas and moving the islands’s residents to safer ground.

Bangladesh

Bangladesh is a nation in which three majestic Himalayan rivers converge, before meandering their way to the sea via the Ganges delta: beautiful on a map, but not ideal in terms of river flooding, or tidal flooding for that matter. The country is basically a massive floodplain, with more than 20% of its land awash with water every year and around 70% experiencing severe flooding in extreme cases. As one of the world’s least developed countries, it cannot afford the technology others use to mitigate the effects of flooding and has to turn to more imaginative means, such as creating houses built on stilts in coastal areas.

Abigail Hayward

 

Jul 122014
 

Rita writes:

Maybe there is something to be learned from the Yes Men, who have somehow gotten away with impersonating corporations (as far as I know).

It has something to do with the way they use these legal battles as ways to educate the public, by spinning the PR for all its worth. (or with doing what they call “corporate identity correction”- doing/saying the things that the corporations should be saying/doing).

– – – – – – – – – – – – – – – – – – –

https://www.techdirt.com/articles/20130616/18233023499/chamber-commerce-drops-trademark-infringement-suit-against-activistparodist-group-yes-men-group-asks-chamber-to-reconsider.shtml

Roughly four years ago, activist group/prankster demigods the Yes Men held a press conference where they presented themselves as spokesmen for the US Chamber of Commerce and announced the Chamber had done an about-face on climate change. Everything was going well until an actual representative of the CofC crashed the Yes Men’s party, exposing them as impersonators. A good time was had by all, except the Chamber of Commerce (and some duped reporters), the former of which immediately ran off to lawyer up.

Things escalated quickly.

The Chamber’s first move was to fire off a DMCA takedown notice aimed at the Yes Men’s Chamber of Commerce-aping website (www.chamber-of-commerce.us [no longer live]). This first attempt went nowhere quickly, although it did draw the attention of the EFF. Realizing copyright infringement might not be the best card to play, the Chamber shifted strategies and sued the Yes Men for trademark infringement. All of this took place in about 72 hours.

Nearly four years later, the Chamber of Commerce has decided to drop its suit against the Yes Men. The legal system in this country can be many things, but “speedy” isn’t one of them.

The Chamber seemed pretty sure of itself four years ago. It was confident enough to rush into a lawsuit and a round of Streisanding to punish activists who briefly made them look ridiculous. But a push back by the EFF (and David Wright Tremaine LLP), citing use of trademark in criticism as protected speech, possibly caused the Chamber to reconsider seeing this one through.

Most entities who suddenly find a lawsuit against them dropped, especially one pursued by a much larger organization with deeper pockets, will take a few deep breaths and welcome the chance to go back to a more normal life, one free of pending legal action.

Not the Yes Men.

Soon after learning of the lawsuit’s dismissal by the Chamber, the group fired off a response detailing their disappointment in the Chamber’s unwillingness to see this thing through.

Washington DC, June 13, 2013 – The Yes Men today implored the U..S. Chamber of Commerce to reconsider their recent decision to withdraw the lawsuit they filed nearly four years ago, in a press conference on the steps of the lobbying giant itself.

“Just as their case against us was finally heating up again, the U.S. Chamber decided to drop it,” said former defendant Andy Bichlbaum of the Yes Men. “The U.S. Chamber knew this was our chance to challenge their silly claims and, since they claimed we had ‘damaged’ them, investigate the details of their finances through the discovery process. It’s the height of rudeness to deprive us of this great opportunity.”

“The U.S. Chamber’s lawsuit represented the only time in 17 years that anyone has been stupid enough to sue us,” said former defendant Mike Bonanno. “This was the chance of a lifetime, and we profoundly deplore the U.S. Chamber’s about-face.”

Perhaps it’s this sort of “can do” attitude that encouraged the Chamber’s withdrawal from the battlefield. It’s certainly not as though the organization suddenly learned to laugh at itself and adopt a more laissez faire approach to criticism-via-impersonation. More likely, it realized it was in for a tougher battle than it originally imagined and quite possibly didn’t want to expose more of its inner workings than was strictly necessary.

The Yes Men had such great plans for the Chamber, too.

“In just the last fifteen years, the hoaxsters at the U.S. Chamber have spent nearly a billion dollars lying to children and adults, and generally lobbying for corporations and against humans,” said Bichlbaum. “This lawsuit gave us a chance to help reveal the U.S. Chamber’s many hoaxes to the public.”

It’s a sad day at the Yes Men HQ, but hope still springs eternal. The group is planning a little legal action of its own.

The Yes Men are considering a lawsuit against the U.S. Chamber for depriving them of the opportunity to expose them. “Tell ’em to put their damn helmets on,” said Bonanno, echoing Tom Donohue’s words upon launching the U.S. Chamber lawsuit in 2009.

I’m not sure where the Yes Men are heading with this, but it promises to be entertaining. Of course, they still need some legal help and this new angle has yet to find a lawyer that’s willing to play the part of the straight man in a courtroom farce.

Jul 092014
 

Prosecution Position

From: Sandra Finley [

Sent: July-09-14 9:03 PM

To: Eve Stegenga

Subject: Prosecution  1. Their Position

 

Hi Eve,

 

Keep the Crown’s  “positions” in mind when building your own.

They have to be rebutted.

 

THREE  are stated in the emails since July 3.   It would be worthwhile to read through the prior emails to see if there is anything else.

 

Prosecution #1:

Fri, 4 Jul 2014 19:55:05

The Crown’s position is that the Government of Canada is carrying out its mandate through Statistics Canada in a lawful way. An individual’s personal objection to the government’s methods does not provide a lawful exemption to a legal obligation.

 

Prosecution #2:

Wed, 9 Jul 2014 22:44:14

I have not found any source that says LM actually contravenes Canadian laws. … You will have to provide evidence. Even if you are able to do that, my position remains that it is irrelevant to the charge.

 

Prosecution #3:

Wed, 9 Jul 2014 22:44:14

I looked briefly at the LM Canada website. I found nothing that indicates the company participates in any activity that contravenes Canadian laws or policies with respect to cluster munitions. The company provides products and services to several Canadian government agencies. As well,  LM Canada and LM US are two separate companies.

 

/Sandra

Jul 072014
 

Eve’s trial (Census – Lockheed Martin) is July 17th.

I wish I could trumpet the importance to the roof-tops.  I can’t.

So today, I felt compelled to improve the information base.  Citizen awareness is the game-changer:

  •  Lockheed Martin’s surveillance operations, their involvement in the StatsCan data base is related to the posting on the Troop Exchange Agreement. So I edited it – – better organized – – just in case anyone is looking for background on the integration of Canadian military with the American.  2008-02-14 Canada-U.S. Troop Exchange Agreement. “Civil Assistance Plan”. In context of privatization of prisons, military functions, access to information.   (If you put “Troop Exchange” into the “search” box on this blog, a list of more postings on this topic is generated.)
  • I posted the information below.   It will steel anyone who reads it, to do what they can to spread awareness about Eve’s trial.
  • Postings about Ladar Levison’s experience (related to the Snowden leaks) is recent enough that people won’t have forgotten it.

 

Lockheed Martin is an integral part of the American military, as documented in other postings.

Canadians like Eve are making choices about what they will, and will not, become part of.    It defines who we are as Canadians.

I did not make the connections between the Bush Administration officials named in the articles to Lockheed Martin.  The information exists (revolving doors and Boards of Directors); I think I’ve posted some of it on my blog.  Will try to integrate it into these stories if time permits.

But read on . . .  you will see what integration with the American war machine carries with it.  It seriously changes who we are as Canadians.

– – – – – – – – – – – – –

2013-10-25

Susan writes:

Friends,

I’m sorry to ruin your good mood, your day, your optimism– if you still have any– but feel I need to share Ralph Lopez’ article on U.S. torture and holding Cheney, Rumsfeld, Yoo, Bybee, etc. accountable.

This won’t go away until we get them prosecuted somewhere (in addition to Kuala Lumper’s tribunal).

Let’s activate our contacts in Canada to make Cheney cancel his visit.

Canadians are more alive and activist — by far!– than we in the USA.

 

———- Forwarded message ———-

From: Ralph Lopez

Date: Fri, 25 Oct 2013

Subject: Welcome to Canada, Mr. Cheney. You Are Under Arrest.

 

Everything in this article which applies to Rumsfeld applies to Cheney as well, as both he and Rumsfeld designed the torture program.  It should sicken every American and every human being with a soul.

——–

http://nsnbc.wordpress.com/2011/09/21/welcome-to-boston-mr-rumsfeld-you-are-under-arrest-2/

Welcome to Boston, Mr. Rumsfeld. You Are Under Arrest.

Former Secretary of Defense Donald Rumsfeld has been stripped of legal immunity for acts of torture against US citizens authorized while he was in office.   The 7th Circuit made the ruling in the case of two American contractors who were tortured by the US military in Iraq after uncovering a smuggling ring within an Iraqi security company.  The company was under contract to the Department of Defense.   The company was assisting Iraqi insurgent groups in the “mass acquisition” of American weapons.  The ruling comes as Rumsfeld begins his book tour with a visit to Boston on Monday, September 26, and as new, uncensored photos of Abu Ghraib spark fresh outrage across Internet.  Awareness is growing that Bush-era crimes went far beyond mere waterboarding.

 

Torture Room, Abu Ghraib

 

Republican Senator Lindsey Graham told reporters in 2004 of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here…We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.”  And journalist Seymour Hersh says: “boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has.”

Rumsfeld resigned days before a criminal complaint was filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify.

General Janis Karpinski in an interview with Salon.com was asked: “Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?”

Karpinski answered: “Yes, absolutely.”  In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimony and offered to appear before the German prosecutor as a witness.

Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything.”

And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:

“there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”

 

Abu Ghraib Prisoner Smeared with Feces

 

Amazingly, the two American contractors in the 7th Circuit decision were known by the military to be working undercover for the FBI, to whom they had reported witnessing the sale of U.S government munitions to Iraqi rebel groups.  The FBI in Iraq had vouched for Vance and Ertel numerous times before they nevertheless disappeared into military custody.  They were held at Camp Cropper in Iraq where the two were tortured, one for 97 days, and the other for six weeks.

In a puzzling and incriminating move, Camp Cropper base commander General John Gardner ordered Nathan Ertel released on May 17, 2006, while keeping Donald Vance in detention for another two months of torture.  By ordering the release of one man but not the other, Gardner revealed awareness of the situation but prolonged it at the same time.

It is unlikely that Gardner could act alone in a situation as sensitive as the illegal detention and torture of two Americans confirmed by the FBI to be working undercover in the national interest, to prevent American weapons and munitions from reaching the hands of insurgents, for the sole purpose of using them to kill American troops.

Vance and Ertel suggest he was acting on orders from the highest political level.

The forms of torture employed against the Americans included “techniques” which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib.  They included “walling,” where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.

The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world.  Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain.  Former President Bush recently curbed travel to Switzerland due to fear of arrest following criminal complaints lodged in Geneva.

“He’s avoiding the handcuffs,” Reed Brody, counsel for Human Rights Watch, told Reuters.  And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.

The Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were he to land in London to “flog his memoirs,” that “the real trouble — from the Bush point of view — is that he might never see Texas again.”

Former Secretary of State Colin Powell’s Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBC earlier this year that soon, Saudi Arabia and Israel will be “the only two countries Cheney, Rumsfeld and the rest will travel too.”

 

Abu Ghraib: Dog Bites

 

What would seem to make Rumsfeld’s situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.

In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld’s most vociferous critics, stated: “I am willing to testify in person regarding the  content of this declaration, should that be necessary.”  That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was “accurate.”  Wilkerson said earlier this year that in that case, and in the case of another murder at Bagram at about the same time, “authorization for the abuse went to the very top of the United States government.”

 

Dilawar

 

The young farmer’s name was Dilawar.  The New York Times reported on May 20, 2005:

“Four days before [his death,] on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.

On the day that he disappeared, Mr. Dilawar’s mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. However, he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.”

Dilawar’s misfortune was to drive past the gate of an American base which had been hit by a rocket attack that morning.  Dilawar and his fares were arrested at a checkpoint by a warlord, who was later suspected of mounting the rocket attack himself, and then turning over randam captures like Dilawar in order to win trust.

The UK Guardian reports:

“Guards at Bagram routinely kneed prisoners in their thighs — a blow called a “peroneal strike”…Whenever a guard did this to Dilawar, he would cry out, “Allah! Allah!” Some guards apparently found this amusing, and would strike him repeatedly to show off the behavior to buddies.

One military policeman told investigators, “Everybody heard him cry out and thought it was funny. … It went on over a 24-hour period, and I would think that it was over 100 strikes.””

Dilawar was shackled from the ceiling much of the time, with his feet barely able to touch the ground.  On the last day of his life, after 4 days at Bagram, an interpreter who was present said his legs were bouncing uncontrollably as he sat in a plastic chair. He had been chained by the wrists to the top of his cell for much of the previous four days.

The New York Times reported that on the last day of his life, four days after he was arrested:

“Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar’s face.

“Come on, drink!” the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. “Drink!”>

At the interrogators’ behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.

“Leave him up,” one of the guards quoted Specialist Claus as saying.”

The next time the prison medic saw Dilawar a few hours later, he was dead, his head lolled to one side and his body beginning to stiffen.  A coroner would testify that his legs “had basically been pulpified.”

The Army coroner, Maj. Elizabeth Rouse, said: “I’ve seen similar injuries in an individual run over by a bus.” She testified that had he lived, Dilawar’s legs would have had to be amputated.

Despite the military’s false statement that Dilawar’s death was the result of “natural causes,” Maj. Rouse marked the death certificate as a “homicide” and arranged for the certificate to be delivered to the family.  The military was forced to retract the statement when a reporter for the New York Times, Carlotta Gall, tracked down Dilawar’s family in Afghanistan and was given a folded piece of paper by Dilawar’s brother.  It was the death certificate, which he couldn’t read, because it was in English.

The practice of forcing prisoners to stand for long periods of time, links Dilawar’s treatment to a memo which bears Rumsfeld’s own handwriting on that particular subject.  Obtained through a Freedom of Information Act Request, the memo may show how fairly benign-sounding authorizations for clear circumventions of the Geneva Conventions may have translated into gruesome practice on the battlefield.

The memo, which addresses keeping prisoners “standing” for up to four hours, is annotated with a note initialed by Rumsfeld reading: “”I stand for 8–10 hours a day. Why is standing limited to 4 hours?”  Not mentioned in writing anywhere is anything about accomplishing this by chaining prisoners to the ceiling.  There is evidence that, unable to support his weight on tiptoe for the days on end he was chained to the ceiling, Dilawars arms dislocated, and they flapped around uselessly when he was taken down for interrogation.  The National Catholic Reporter writes “They flapped like a bird’s broken wings”  contradicting, on the record, a February 2003 statement by Rumsfeld’s top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings,” is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank.  Told of McNeill’s statement, Brand told Scott Pelley on 60 Minutes: “Well, he’s lying.”  Brand said of his punishment: “I didn’t understand how they could do this after they had trained you to do this stuff and they turn around and say you’ve been bad”

Exhibit: A sketch by Sgt. Thomas V. Curtis, a former Reserve M.P. sergeant, showing how Dilawar was chained to the ceiling of his cell

Exhibit: Dilawar Death Certificate marked “homicide”

Exhibit: Rumsfeld Memo: “I stand 8-10 hours a day.  Why only 4 hours?”

Dilawar’s daughter and her grandfather

 

Binyam, Genital-Slicing 

Binyam Mohamed was seized by the Pakistani Forces in April 2002 and turned over to the Americans for a $5,000 bounty.  He was held for more than five years without charge or trial in Bagram Air Force Base, Guantánamo Bay, and third country “black” sites.

In his diary he describes being flown by a US government plane to a prison in Morocco. He writes:

“They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me. Maybe castrate me…

One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. “I told you I was going to teach you who’s the man,” [one] eventually said.

They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor.”

I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: “What’s the point of this? I’ve got nothing I can say to them. I’ve told them everything I possibly could.”

“As far as I know, it’s just to degrade you. So when you leave here, you’ll have these scars and you’ll never forget. So you’ll always fear doing anything but what the US wants.”

Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped.

They treated me and took more photos when I was in Kabul. Someone told me this was “to show Washington it’s healing”.

The obvious question for any prosecutor in Binyam’s case is:

Who does “Washington” refer to?  Rumsfeld?  Cheney?  Is it not in the national interest to uncover these most depraved of sadists at the highest level?  US Judge Gladys Kessler, in her findings on Binyam made in relation to a Guantanamo prisoner’s petition, found Binyam exceedingly credible.  She wrote:

“His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one foreign prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in plots to imperil Americans.

The government does not dispute this evidence.”

 

Obama: Torturers’ Last Defense

 

The prospect of Rumsfeld in a courtroom cannot possibly be relished by the Obama administration, which has now cast itself as the last and staunchest defender of the embattled former officials, including John Yoo, Alberto Gonzalez, Judge Jay Bybee, Dick Cheney, George W. Bush, and others.  The administration employed an unprecedented twisting of arms in order to keep evidence in a lawsuit which Binyam had filed in the UK suppressed, threatening an end of cooperation between the British MI5 and the CIA.  This even though the British judges whose hand was forced puzzled that the evidence “contained “no disclosure of sensitive intelligence matters.”  The judges suggested another reason for the secrecy requested by the Obama administration, that it might be “politically embarrassing.”

The Obama Justice Department’s active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office.  Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state.  The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.

Judge Kessler’s findings point to yet another even more alarming aspect of the Bush-era crimes for which Rumsfeld is now being pursued for his part.  And that is the emerging evidence that the tortures perpetrated were not designed to protect national security at all, but to obtain false confessions in order to score propaganda points for the War on terror.

Andy Worthington writes that:

“As it happens, one of the confessions that was tortured out of Binyam is so ludicrous that it was soon dropped…The US authorities insisted that Padilla and Binyam had dinner with various high-up members of al-Qaeda the night before Padilla was to fly off to America. According to their theory the dinner party had to have been on the evening of 3 April in Karachi … Binyam was  meant to have dined with Khalid Sheikh Mohammed, Abu Zubaydah, Sheikh al-Libi, Ramzi bin al-Shibh and Jose Padilla.” What made the scenario “absurd,” as [Binyam’s lawyer] pointed out, was that “two of the conspirators were already in U.S. custody at the time — Abu Zubaydah was seized six days before, on 28 March 2002, and al-Libi had been held since November 2001.””

The charges against Binyam were dropped, after the prosecutor, Lieutenant Colonel Darrel Vandeveld, resigned. He told the BBC later that he had concerns at the repeated suppression of evidence that could prove prisoners’ innocence.

The litany of tortures alleged against Rumsfeld in the military prisons he ran could go on for some time.  The new photographic images from Abu Ghraib make it hard to conceive of how the methods of torture and dehumanization could have possibly served a national purpose.

The approved use of attack dogs, sexual humiliation, forced masturbation, and treatments which plumb the depths of human depravity are either documented in Rumsfeld’s own memos, or credibly reported on.

The UK Guardian writes:

“The sexual humiliation of Iraqi prisoners at Abu Ghraib prison was not an invention of maverick guards, but part of a system of ill-treatment and degradation used by special forces soldiers that is now being disseminated among ordinary troops and contractors who do not know what they are doing, according to British military sources.

The techniques devised in the system, called R2I – resistance to interrogation – match the crude exploitation and abuse of prisoners at the Abu Ghraib jail in Baghdad.

One former British special forces officer who returned last week from Iraq, said: “It was clear from discussions with US private contractors in Iraq that the prison guards were using R2I techniques, but they didn’t know what they were doing.””

 

Torture Now Aimed at Americans, Programs Designed to Obtain False Confessions, Not Intelligence

 

The worst of the worst is that Rumsfeld’s logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror.  The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units.  The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods.  But the aim of those methods was never to obtain intelligence, but to elicit false confessions.  The Bush administration asked the military to “reverse engineer” the methods, i.e. figure out how to break down resistance to false confessions.

In the 2008 Senate Armed Services Committee report which indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:

“SERE instructors explained “Biderman’s Principles” – which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War – and left with GTMO personnel a chart of those coercive techniques.”

The Biderman Principles were based on the work of Air Force Psychiatrist Albert Biderman, who wrote the landmark “Communist Attempts to Elecit False Confessions from Air Force Prisoners of War,”on which SERE resistance was based.  Biderman wrote:

“The experiences of American Air Force prisoners of war in Korea who were pressured for false confessions, enabled us to compile an outline of methods of eliciting compliance, not much different, it turned out, from those reported by persons held by Communists of other nations.  I have prepared a chart showing a condensed version of this outline.”

The chart is a how-to for communist torturers interested only in false confessions for propaganda purposes, not intelligence.  It was the manual for, in Biderman’s words, “brainwashing.”  In the reference for Principle Number 7, “Degradation,” the chart explains:

“Makes Costs of Resistance Appear More Damaging to Self-Esteem than Capitulation; Reduces Prisoner to “Animal Level…Personal Hygiene Prevented; Filthy, Infested Surroundings; Demeaning Punishments; Insults and Taunts; Denial of Privacy“

Appallingly, this could explain that even photos such as those of feces-smeared prisoners at Abu Ghraib might not, as we would hope, be only the individual work of particularly demented guards, but part of systematic degradation authorized at the highest levels.

 

Exhibit: Abu Ghraib, Female POW

 

This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong.  A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.

But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place?

What the Ponzi scheme of either innocent men or low-level operatives incriminating each other  DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.

And now, American contractors Vance and Ertel show, unless there are prosecutions, the law has effectively changed and they can do it to Americans. Jane Mayer in the New Yorker describes a new regime for prisoners which has become coldly methodical, quoting a report issued by the Parliamentary Assembly of the Council of Europe, titled “Secret Detentions and Illegal Transfers of Detainees.”  In the report on the CIA paramilitary Special Activities Division detainees were “taken to their cells by strong people who wore black outfits, masks that covered their whole faces, and dark visors over their eyes.”

Mayer writes that a former member of a C.I.A. transport team has described the “takeout” of prisoners as:

“a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location.”

A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability.”

Of course we have seen these images before, in the trial balloon treatment of Jose Padilla, the first American citizen arrested and declared “enemy combatant” in the first undeclared war without end.

The designation placed Padilla outside of his Bill of Rights as an American citizen even though he was arrested on American soil.

Padilla was kept in isolation and tortured for nearly 4 years before being released to a civilian trial, at which point according to his lawyer he was useless in his own defense, and exhibited fear and mistrust of everyone, complete docility, and a range of nervous facial tics.

 

Jose Padilla in Military Custody

He was convicted by a Miami jury and sentenced to 17 more years.  As of this writing, and meriting it’s own outrage, on Sept. 19, an appeals court threw out Padilla’s sentence as “too lenient” and has sent it back for review.

Rumsfeld’s avuncular “golly-gee, gee-whiz”  performances in public are legendary.  Randall M. Schmidt, the Air Force Lieutenant General appointed by the Army to investigate abuses at Guantanamo, and who recommended holding Rumsfeld protege and close associate General Geoffrey Miller “accountable” as the commander of Guantanamo, watched Rumsfeld’s performance before a House Committee with some interest.

“He was going, ‘My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ ”

But General Taguba said of Rumsfeld: “Rummy did what we called ‘case law’ policy —- verbal and not in writing. What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”

Taguba went on: “Rumsfeld is very perceptive and has a mind like a steel trap. There’s no way he’s suffering from C.R.S.—Can’t Remember Shit.”

Miller was the general deployed by Rumsfeld to “Gitmo-ize” Abu Ghraib in 2003 after Rumsfeld had determined they were being too “soft” on prisoners.  He said famously in one memo “you have to treat them like dogs.”  General Karpinski questioned the fall of Charles Graner and Lyndie England as the main focus of low-level “bad apple” abuse in the Abu Ghraib investigations.  “Did Lyndie England deploy with a dog leash?” she asks.

Exhibit: Dog deployed at Abu Ghraib, mentally-ill prisoner

Abu Ghraib prisoner in “restraint” chair, screaming “Allah!!”

Rumsfeld’s worry now is the doctrine of Universal Jurisdiction, as well as ordinary common law.  The veil of immunity stripped in civil cases would seem to free the hand of any prosecutor who determines there is sufficient evidence that a crime has been committed based on available evidence.  A grand jury’s bar for opening a prosecution is minimal.  It has been said “a grand jury would indict a ham sandwich.”

Rumsfeld, and the evidence against him, would certainly seem to pass this test.

The name Dilawar translates to English roughly as “Braveheart.”  Let us pray he had one to endure the manner of his death.  But the more spiritual may believe that somehow it had a purpose, to shock the world and begin the toppling of unimaginable evil among us.  Dilawar represented the poorest of the poor and most powerless, wanting only to pick up his three sisters, as his mother had told him to, for the holiday.  The question now is whether Americans will finally draw a line, as the case against Rumsfeld falls into place and becomes legally bulletproof.  Andy Worthington noted that the case for prosecutors became rock solid when Susan Crawford, senior Pentagon official overseeing the Military Commissions at Guantánamo — told Bob Woodward that the Bush administration had “met the legal definition of torture.”

As Rumsfeld continues his book tour and people like Dilawar are remembered, it is not beyond the pale that an ambitious prosecutor, whether local, state, or federal, might sense the advantage.  It is perhaps unlikely, but not inconceivable, that upon landing at Logan International Airport on Monday, Sept. 26th, or similarly anywhere he travels thereafter, Rumsfeld could be greeted with the words such as:

“Welcome to Boston, Mr. Secretary.  You are under arrest.”

Article for free reprint with attribution.

= = = = = =

Oops.  I already posted the preceding:

2011-09-20 Welcome to Boston, Mr. Rumsfeld. You are Under Arrest.