Newspaper logo  
 
 
Local Gov’t Stories, Events

Ref. : Civic Events

Ref. : Arts & Education Events

Ref. : Public Service Notices

Books, Films, Arts & Education
Letters

Ref. : Letters to the editor

Health Care & Environment

10.17 Scott Pruitt, Who Loved to Sue EPA, Just Made It Harder for Green Groups to Sue EPA

10.16 The war on coal is over. Coal lost.

10.15 Rooftop Solar Provides a Record-Breaking 48% of South Australia’s Power

10.14 Geoengineering is not a quick fix for climate change, experts warn Trump

10.13 The Grain That Tastes Like Wheat, but Grows Like a Prairie Grass

10.13 Climate Change Is Making It Harder to Grow Rice [might there be a “perennial rice” with much deeper roots to survive droughts?]

10.13 'If the land isn't worked, it decays': Tunisia's battle to keep the desert at bay [beautiful business plan for LIFE]

10.13 Trump scraps Obamacare subsidies in surprise late-night announcement [videos; his Infantilism should cause his impeachment]

10.12 Oxford aims for world’s first zero emissions zone with petrol car ban

10.12 Draughty homes targeted in UK climate change masterplan

News Media Matters

10.17 Malta car bomb kills Panama Papers journalist

10.15 The Establishment Still Doesn't Recognize The Political Revolution That's Happening [the question is, CAN MAINSTREAM NEWS MEDIA – desperate for corporate advertising as revenue falls – ALLOW CHANGE TO HAPPEN?]

10.14 A Silenced Israeli Critic

Daily: FAIR Blog
The Daily Howler

US Politics, Policy & 'Culture'

10.17 How Anti-Trump Psychiatrists Are Mobilizing Behind the Twenty-Fifth Amendment

10.17 McCain blasts 'half-baked, spurious nationalism' in emotional speech [video]

10.16 Nevada to Big Pharma: ‘Show Us Your Books!’

10.16 The Danger of President Pence

10.16 TRUMP’S WOULD-BE WEATHER CZAR TRIED TO SHUT DOWN FREE FORECASTS [The looting and corrupton is refreshingly open]

10.16 Here's the Democrat Who Just Announced His Challenge to Hawkish Feinstein

10.16 Singer Marc Anthony to Trump: You will be held Accountable for needless American Deaths in Puerto Rico

10.16 The Texas town where all the energy is green [Alert! Ignoring party leadership, exceptional Republicans use reason to do good!]

10.15 “It’s going to hurt everybody”: Nevada’s GOP governor rips Trump over ACA sabotage [Alert! Republicans aren't all bad!]

10.15 20 of America's top political scientists gathered to discuss our democracy. They're scared.

10.15 To Kill a Mockingbird by Harper Lee taken off Mississippi school reading list [teaching real history makes future citizens better and avoids racist hatred repeating—that's why Germans have taught real history since WWII]

10.15 ‘Hitler’s American Model: The United States and the Making of Nazi Race Law’ [America is still a model country for racism and hate]

10.15 Multi-State Suit Targets Trump's "Reckless Assault" on Healthcare as Anger Flows [does our President have these traits?]

Justice Matters

10.17 Trump could remake judiciary for ‘40 years’ — with controversial picks [America will become more like Malta; facilitating corporate/mafia criminality to the maximum]

High Crimes?
Economics, Crony Capitalism

10.17 Trump Revives Notorious GOP Dog Whistle in Call for 'Welfare Reform' [less money "wasted on welfare" would allow larger tax cuts for "the more deserving rich"]

10.17 For Abandoning Climate Accord, Pope Swipes Trump on World Food Day [Trump is attuned to serve billionaire friends and himself]

10.14 KOCH BROTHERS’ INTERNAL STRATEGY MEMO ON SELLING TAX CUTS: IGNORE THE DEFICIT

10.14 How to Wipe Out Puerto Rico’s Debt Without Hurting Bondholders

10.12 IMF: higher taxes for rich will cut inequality without hitting growth

10.12 Fossil fuels win billions in public money after Paris climate deal, angry campaigners claim [fossil fuel companies will declare bankruptcy when (not if) fossil fuels become worthless, so it will then be the public's money that is lost, without recourse]

10.11 Special Investigation: How America’s Biggest Bank Paid Its Fine for the 2008 Mortgage Crisis — With Phony Mortgages!

10.08 How Billionaires Become Billionaires

International & Futurism

10.17 For Abandoning Climate Accord, Pope Swipes Trump on World Food Day [Trump is attuned to serve billionaire cronies and himself]

10.17 The Movement of #MeToo

10.16 How Trump’s Foreign Policy Mood Swings made US a Rogue State

10.16 In Absence of US Leadership, War Breaks out between Kurds and Baghdad

10.15 AI WEIWEI EXPLORES THE “HUMAN FLOW” OF REFUGEES AND FINDS AN AMERICA THAT LOST ITS CONSCIENCE

10.15 Genes for Skin Color Rebut Dated Notions of Race, Researchers Say

10.15 Toyota’s Trucks That Only Emit Water Vapor Are Moving Goods in LA

10.15 Tony Blair: ‘We were wrong to boycott Hamas after its election win’ [guiding principle #1: do not cause harm to civilian populations]

10.15 Margaret Atwood: Rise of Trump Brings Echoes of 1930s Europe

We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.

You can also mail a check to:
Baltimore News Network, Inc.
P.O. Box 42581
Baltimore, MD 21284-2581
Google
This site Web
  Complicity in the Use of Torture
Newspaper logo

VIEWPOINT:

Complicity in the Use of Torture

by William C. Carlotti

Article One of the Convention's definition of torture includes not only acts committed by public officials, but also the acts to which they acquiesced.
The recent disclosure of the fact that the CIA briefed a bi-partisan group of Senators and Representatives on the Congressional Intelligence Committees about methods of torture used by the CIA, including "waterboarding," is evidence that there is complicity in these crimes by members of Congress.

During the Committee's proceedings Mukasey refused under questioning to declare that waterboarding is illegal under the United States Law that includes the Convention Against Torture ratified by the United States Senate.

The Convention ratified by the U.S. Senate makes it the "supreme law of the land" as per Article VI, Clause 2 of the Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Importantly, Article One of the Convention's definition of torture includes not only acts committed by public officials, but also the acts to which they acquiesced. The convention states,

"For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental is intentionally inflicted by...or at the instigation of or with the consent or acquiescence of a public official."

As expressed in a United States Senate's understanding of this point in the Convention the Senate Resolution To Advice and Consent To Ratification (1990) states that in order for an official to acquiesce to an act of torture an official must,

"....prior to the activity constituting torture, have awareness of such activity and thereafter breach his or her legal responsibility to intervene to prevent such activity"(CRS-6, Page 9)

It is the responsibility of Senators who oversee CIA activities "to intervene to prevent such activity"—to put an end to the CIA's violations of the laws against the use of torture. Instead, these Senators approved and encouraged CIA torture by not acting to intervene. Mukasey's refusal to declare that waterboarding is illegal must be seen against the backdrop of this Senatorial silence and complicity.

Senator Lindsay Graham made this point: "If he does not believe that waterboarding is illegal, then that would really put doubts in my own mind [about his appointment], because I don't think you have to have a lot of knowledge about the law to understand this technique violates the Geneva Convention and other statutes."

In the light of these revelations, it is now understandable why Democratic Senators Charles Schumer and Dianne Feinstein voted in the Senate's Judiciary Committee to support the appointment of Michael Mukasey for United States Attorney General. Mukasey, by his refusal to admit the illegality and criminality of the waterboarding method of torture, was assuring the Senators that had been briefed on the use of torture by the CIA that in his tenure as United States Attorney General he would not focus on their failure to intervene, since as far as he was concerned Congress had passed no law designating waterboarding as torture.

An exception was Committee Chair Democratic Senator Patrick Leahy. He voted against the appointment of Mukasey in part because of Mukasey's refusal to recognize waterboarding torture as illegal and criminal.

The members of Congress who were advised by the CIA that torturing prisoners, including waterboarding, was being used included Rockefeller, from the family that is reaping an added fortune in billions of dollars from their oil, gas, and finance international conglomerates during the invasion and occupation of Iraq; Pelosi, who voted for and continues to vote to fund the invasion and occupation of Iraq, Afghanistan, and the Palestine beyond the internationally recognized 1948 and 1967 border between Palestine and Israel; and Jane Harman, who wrote HR 1955 (now S1959), the "Violent Radicalization and Homegrown Terrorism Prevention Act of 2007" to put a cap on, and to label as criminal, criticism of the policies she has also supported—policies that are resulting in the slaughter of hundreds of thousands of innocents.

The Senators who were advised of the CIA's use of torture became complicit in the act of torture upon their failure to intervene in the continuing practice and, even worse, in their encouragement of the CIA's use of torture.

That, however, is not the whole of it.

We find out now that the CIA has destroyed the tapes of its torture sessions—the torture methods that the Senators were briefed about and where they failed to intervene—the visual and sound version recordings of torture, possibly including waterboarding, that would make Mukasey's inability to classify waterboarding as illegal, criminal torture the mockery that it really is.

The CIA destroyed the tapes—the best evidence of the illegal use of torture—in defiance of an order of the United States District Court for the Southern District of New York.
In short, the CIA destroyed the tapes—the best evidence of the illegal use of torture—in defiance of an order of the United States District Court for the Southern District of New York in October of 2003 and May of 2004, requiring the CIA to preserve "all records pertaining to the treatment of detainees in its custody."

Obviously, the secret affairs of the Senate Intelligence Committee's illegal, criminal acquiescence to and failure to intervene in the use of torture was about to see the light of day, so the CIA destroyed the best evidence of the Senators' and the Representatives' complicity.


William C. Carlotti writes from Vermont. Visit his blog.


Copyright © 2007 The Baltimore Chronicle. All rights reserved.

Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent.

This story was published on December 20, 2007.

 

Public Service Ads: