Torture -"A Joint Criminal Enterprise"-"Preparation Of A Criminal Case Is Underway"(Scott Horton)

[kpete]

Scott Horton

http://balkin.blogspot.com/2008/04/response-to-dean-edley.html

"Criminal investigators may well conclude that this act joined John Yoo in a joint criminal enterprise with the persons who devised and pushed implementation of the torture policies."

.................

Indeed, this is not entirely a speculative matter. We will shortly learn in the mass media that some prosecutors have already reached that conclusion and that the preparation of a criminal case is underway.

I base my conclusions about the facts behind the Yoo memoranda largely on my own investigation including not only the public record, but interviews with a number of figures who dealt with Yoo in the course of delivery of his torture opinions. Only yesterday, I learned from one prominent figure that he had seen repeated drafts of the March 2003 Yoo opinion, had cautioned Yoo on serious errors in judgment and interpretation in the memo, and had strongly urged modification of the memo at least to reflect the contrary viewpoint, even if only to distinguish it. Yoo insisted that he wanted it to be “clean.” He declined to make any of the changes requested.

Similarly, Yoo was warned repeatedly that his views could not be squared with the overwhelming majority viewpoint in the community of law of war scholarship, and that the risk of criminal prosecution of those implementing his policies was severe. In response, Yoo stated that he was crafting his opinion consciously as a bulwark against future prosecution. Indeed, the March 2003 memorandum reflects that he had consulted and secured non-prosecution assurances from the Criminal Division headed by Michael Chertoff. This reassurances did not have their intended affect, however. A good part of his audience believed, correctly, that his attitudes and conduct actually undermined the validity of the opinion and would render it useless in the face of future prosecutions.

...............

So the facts establish that the torture policies were settled upon and had in fact been implemented. The principal authors were facing severe blow back from career lawyers inside the government. And John Yoo was carted in to use the powers of OLC to silence lawyers protesting the illegality of what was done. I believe that an objective examination of the facts will show that this is precisely how John Yoo understood his role. In essence, he was not an independent legal advisor. He had become a facilitator, an implementor of the torture policies. His role had shifted from passive advisor to actor, pushing a process forward.

[Vincardog]

1. Yoo thought OLC gave him magical powers just as he believed POTUS gave The Idiot bush magical power

Wrong on both counts. Too bad Yoo.

[quiet.american]

2. I'll spend it when I've got it - but this is encouraging anyway. nt

[L. Coyote]

3. Horton has let the quill dry, after a year of blogging

Is There Life After Blogging?
Scott Horton - April 10, 2008

After 1,322 posts at the No Comment page of the Harper’s website, I am hanging up my blogging hat........

Not to say that it’s entirely over. I’ll still do something from time to time .... I will also be continuing to contribute pieces addressing legal affairs questions to the print version of the magazine.

I look forward to keeping in touch with my faithful friends and readers. You’re a wonderful support network, and even though it’s beyond my ability to respond to all the correspondence, I do read every line of it and often benefited from your suggestions.

- 30 -

[annabanana]

7. Any notion why?

Just tired? Or too busy?

[librechik]

9. he explains why in his last blog post, but basically

daily blogging sucks you dry creatively, and takes away all the energy you have for longer projects like books.

[bleever]

4. This foolish notion of insulating lawbreakers from prosecution

through legal opinions, memos, and other such fabulations really boils down to nothing more than "it was legal because we said it was legal", which is really nothing at all.

[leftupnorth]

5. Sux to be Yoo.

May this be one of many, many more prosecutions of these fascist bastards.

[sicksicksick_N_tired]

6. "Joint criminal enterprise" as in RICO, I presume. However, I can't presume charges are,...

,...forthcoming. I'm sorry but, WHO's going to bring these charges, at this time, under this administration?

:shrug:

Don't get me wrong. Prosecution is demanded for such crimes IMHO. I just don't believe anyone will prosecute.

x(

[jazzjunkysue]

8. "secured non-prosecution assurances from...Michael Chertoff"

Um, are we talking Hurricane Katrina's famous Michael Chertoff?

Really?

Ok. Ok. I know they're all greedy. I know they're all short-sighted. I know they're living an a saran-wrap-GOP-bubble-world of self deception and corruption.

But who in the hell is DUMB enough to believe Michael Chertoff when he promises to cover your butt from federal prison?

This. Is. A. New. Level. Of. Stupid.

[librechik]

10. Is that the Brooklyn Bridge under your coat

or were you just in to see Michael Chertoff?

[truth2power]

11. Great minds and all that... When I read, "Chertoff" I about fell off my chair..

Nothing like consulting a criminal for an opinion on what's criminal.

But I guess that's all these whackjobs have anymore. It's like a gigantic circle-jerk. Cripes!!

And BTW, isn't it illegal for a lawyer to counsel his or her client to do something illegal??

[jazzjunkysue]

12. Prolly. The article said Yoo was not limited to advising, but was executing.

He was brought in to make it happen, not give out advice. He was the new Doer, not the sayer.

Stupid fool. Anyone watching a B crime movie knows the lawyers never get their hands dirty. That's what thugs are for.

I think we should lock him up for just plain stupidity.

[sicksicksick_N_tired]

13. They believed they could CYA within their circle,...absolute power.

Seriously!

These people never worried, still do not worry about accountability because they are LITERALLY IMMUNE within the system. THEY ARE IMMUNE!!!

I realize THEIR realm is completely alien from our own because we are subject to immediate punishment for far lessor crimes. However, in their 'existence', they are "god".

[leveymg]

20. Yes, and the Michael Chertoff who was lawyer for one of al-Qaeda's US fundraisers before 9/11, and

Michael Chertoff, Head of DHS, who shut down Operation Greenquest, the investigation after 9/11 into al-Qaeda finance inside the US.

This makes Michael a co-conspirator in the crime of Torture, as well.

[leveymg]

24. See this for details re: Chertoff and the Obstruction of Ops Diamondback and Greenquest

Also see Operations Diamondback and Greenquest (2+ / 0-)
Recommended by:tankej, dolphin777
Before he was appointed to head DHS, Michael Chertoff was in charge of two terrorism financing investigations. It came out during his confirmation that Chertoff had earlier represented one of the key figures in an investigation he headed. Despite this obvious conflict of interest, Chertoff's appointment passed the GOP-controlled Senate.

http://www.opednews.com/duncan_0090304_NJ_terrorism1.htm

As it turns out, Michael Chertoff was appointed Assistant Attorney General, under John Ashcroft, in early 2001 and was placed in charge of the Criminal Division. (16) Since Operation Diamondback was an active case when he took office, and culminated in arrests in June of 2001, the case would have fallen under his pervue since it was handled as a criminal case and not as a counterterrorism case. This means that one of his former clients, Dr. Magdy Elamir, along with his brother Mohamed El Amir, were now involved in a case under his supervision.

SNIP

When the attacks on 9-11 occurred, Michael Chertoff was placed in charge of the investigation. On Oct. 25, 2001 , CBS reported that the Feds had launched Operation Green Quest in an attempt to stop the financing of terrorism. Here’s what Dr. Magdy Elamir’s former attorney had to say on the subject:

"The lifeblood of terrorism is money, and if we cut the money we cut the blood supply," said assistant attorney general Michael Chertoff, the head of the Justice Department's criminal division. (17)
___________________________________________
ftns:

Senate Confirmations 2001
http://www.leadershipdirectories.com...

(17) CBS News, Feds Launch 'Operation Green Quest', Oct. 25, 2001

http://www.cbsnews.com/...
Dr. Al Amir's brother had also been involved in a conspiracy to export weapons and nuclear technology to al-Qaeda suspects and figures linked to Pakistani ISI intelligence.

http://www.cooperativeresearch.org/entity.jsp?id=1521846767-1835

In wiretapped conversations, Mohamed discusses the need to get false papers to disguise a shipment of illegal weapons. His brother, Dr. Magdy el Amir, has been a wealthy neurologist in Jersey City for the past twenty years. Two other weapons dealers later convicted in a sting operation involving Glass also lived in Jersey City, and both el Amirs admit knowing one of them, Diaa Mohsen. Mohsen has been paid at least once by Dr. el Amir. In 1998, Congressman Ben Gilman was given a foreign intelligence report suggesting that Dr. el Amir owns an HMO that is secretly funded by bin Laden, and that money is being skimmed from the HMO to fund al-Qaeda activities. The state of New Jersey later buys the HMO and determines that $15 million were unaccounted for and much of that has been diverted into hard-to-trace offshore bank accounts. However, investigators working with Glass are never given the report about Dr. el Amir. Neither el Amir has been charged with any crime. Mohamed now lives in Egypt and Magdy continues to practice medicine in New Jersey. Glass’s sting, which began in late 1998, will uncover many interesting leads before ending in June 2001.

June 12, 2001: Sting Operation Exposes al-Qaeda, ISI, and Drug Connections; Investigators Face Obstacles to Learn More Operation Diamondback, a sting operation uncovering an attempt to buy weapons illegally for the Taliban, bin Laden, and others, ends with a number of arrests. An Egyptian named Diaa Mohsen and a Pakistani named Mohammed Malik are arrested and accused of attempting to buy Stinger missiles, nuclear weapon components, and other sophisticated military weaponry for the Pakistani ISI. Malik appears to have had links to important Pakistani officials and Kashmiri militants, and Mohsen claims a connection to a man “who is very connected to the Taliban” and funded by bin Laden. Some other ISI agents came to Florida on several occasions to negotiate, but they escaped being arrested. They wanted to pay partially in heroin. One mentioned that the WTC would be destroyed. These ISI agents said some of their purchases would go to the Taliban in Afghanistan and/or militants associated with bin Laden. Both Malik and Mohsen lived in Jersey City, New Jersey. Mohsen pleads guilty after 9/11, “but remarkably, even though apparently willing to supply America’s enemies with sophisticated weapons, even nuclear weapons technology, Mohsen was sentenced to just 30 months in prison.” Malik’s case appears to have been dropped, and reporters find him working in a store in Florida less than a year after the trial ended. Malik’s court files remain completely sealed, and in Mohsen’s court case, prosecutors “removed references to Pakistan from public filings because of diplomatic concerns.” Also arrested are Kevin Ingram and Walter Kapij. Ingram pleads guilty to laundering $350,000 and he is sentenced to 18 months in prison. Ingram was a former senior investment banker with Deutsche Bank, but resigned in January 1999 after his division suffered costly losses. Walter Kapij, a pilot with a minor role in the plot, is given the longest sentence, 33 months in prison. Informant Randy Glass plays a key role in the sting, and has thirteen felony fraud charges against him reduced as a result, serving only seven months in prison. Federal agents involved in the case later express puzzlement that Washington higher-ups did not make the case a higher priority, pointing out that bin Laden could have gotten a nuclear bomb if the deal was for real. Agents on the case complain that the FBI did not make the case a counterterrorism matter, which would have improved bureaucratic backing and opened access to FBI information and US intelligence from around the world. Federal agents frequently couldn’t get prosecutors to approve wiretaps. Glass says, “Wouldn’t you think that there should have been a wire tap on Diaa ’s phone and Malik’s phone?” An FBI supervisor in Miami refused to front money for the sting, forcing agents to use money from US Customs and even Glass’s own money to help keep the sting going.

[spanone]

14. k& for hope

[bluesmail]

15. please I have tears , K&R

please don't have me go through yet another flip flop. I really can't take it.

[alfredo]

16. bush will pardon everybody.

[HooptieWagon]

17. ding, ding, ding!!!!!

Yup. Count on a rash of pardons. However, chimp can't pardon himself AFAIK. It should be fairly easy for an incoming administration to tie the memos to chimp, and prosecute him. Hillary won't - Clintons cover for Bushes - but there's a chance Obama might, if he has sufficient political cover.

[alfredo]

18. If they are pardoned can't they be compelled to testify?

[leveymg]

21. Yes, they lose the right to invoke the 5th Amendment

Bush can't pardon everyone involved in this RICO.

[alfredo]

22. So he's in between a rock and a hard place. What about Amnesty?

[defendandprotect]

19. This group conspired together to evade the Geneva Accords --

and other treaties which bar TORTURE ---

There should be disbarment and jail for all of them!!

[EFerrari]

23. Torture and Democracy, Part II: Details the History and Scope of Modern Torture

Torture and Democracy, Part II: Scholar Darius Rejali Details the History and Scope of Modern Torture

As the ACLU calls on Congress to appoint an independent prosecutor to investigate the Bush administration’s approval of torture, we speak with Darius Rejali, a renowned expert on the history and politics of torture. He is professor of political science at Reed College and author of a new book called Torture and Democracy.

AMY GOODMAN: On Capitol Hill, we hear that the congresspeople are talking about taxes. We also, today, turn to the issue of torture, an issue that has been out there now for the last few weeks. The ACLU is calling on Congress to appoint an independent prosecutor to investigate the Bush administration’s approval of torture. The call comes after President Bush admitted Friday he was aware that top administration officials had personally discussed and approved the CIA’s use of brutal interrogation techniques on suspects in the so-called “war on terror.” He told ABC News, “I’m aware our national security team met on this issue. And I approved. I don’t know what’s new about that. I’m not so sure what’s so startling about that," he said.

Well, last week, ABC News revealed a Principals Committee on the National Security Council agreed on controversial interrogation techniques, including physical assault, sleep deprivation and waterboarding. The officials involved included Vice President Dick Cheney, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld and then-Secretary of State Colin Powell.

ACLU Executive Director Anthony Romero said, "We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the President himself and authorization from his top advisers only confirms our worst fears.” Romero went on to say, “It is a very sad day when the President of the United States subverts the Constitution, the rule of law and American values of justice.”

http://www.democracynow.org/2008/4/15/torture_and_democracy_part_ii_scholar