[Peace-discuss] "Obama ... with the secrecy and torture crowd"
C. G. Estabrook
galliher at uiuc.edu
Wed Feb 18 02:13:10 CST 2009
Obama Hates The Truth On Binyan Mohamed
By: bmaz Tuesday February 17, 2009 8:39 pm
The news last week that President Obama had bought into and signed off on the
full boat of shameful state secrets assertion in the case of Binyan Mohamed v
Jeppesen Dataplan set off a wave of criticism. Obama came to the criticism the
old fashioned way, he earned it by breaking his campaign promise and continuing
the wretched excess of unitary secrecy. Obama's about face, and turn to the dark
side of Bush/Cheney secrecy shocked even Ninth Circuit Chief Judge Mary
Schroeder when confronted with it at the Mohamed v. Jeppesen Dataplan hearing.
That is the part of Obama's war on Binyam Mohamed through Bush style secrecy
that has been widely reported, but there is much more that is not as well known.
It ought to be. From this morning's Guardian:
A policy governing the interrogation of terrorism suspects in Pakistan that led
to British citizens and residents being tortured was devised by MI5 lawyers and
figures in government, according to evidence heard in court.
...
The existence of an official interrogation policy emerged during
cross-examination in the high court in London of an MI5 officer who had
questioned one of the detainees, Binyam Mohamed, the British resident currently
held in Guantánamo Bay. The officer, who can be identified only as Witness B,
admitted that although Mohamed had been in Pakistani custody for five weeks, and
he knew the country to have a poor human rights record, he did not ask whether
he had been tortured or mistreated, did not inquire why he had lost weight, and
did not consider whether his detention without trial was illegal.
...
Mohamed was eventually able to tell lawyers that before being questioned by MI5
he had been hung from leather straps, beaten and threatened with a firearm by
Pakistani intelligence officers. After the meeting with MI5 he was "rendered" to
Morocco where he endured 18 months of even more brutal torture, including having
his genitals slashed with a scalpel. Some of the questions put to him under
torture in Morocco were based on information passed by MI5 to the US.
The Guardian has learned from other sources that the interrogation policy was
directed at a high level within Whitehall and that it has been further developed
since Mohamed's detention in Pakistan. Evidence of this might emerge from 42
undisclosed US documents seen by the high court and sent to the MPs and peers on
the intelligence and security committee (ISC).
To make this crystal clear, similar to what is going on in the Ninth Circuit in
Mohamed v. Jeppesen, the High Court in London is being stymied in its inquiry
into the criminal torture and abuse of Mr. Binyan Mohamed by a recalcitrant
British government that is desperate to conceal its war crimes. But the key part
here is how the Brits are concealing, and that is with the direct and active
complicity of President Barack Obama and his Administration.
The path of this obstruction is so obnoxious, the Brits must have stolen it
right out of Dick Cheney's playbook. Again from the Guardian:
Lawyers representing Mohamed went to the high court in an attempt to secure the
disclosure of the documents, but the court reluctantly refused earlier this
month after David Miliband, the foreign secretary, said such a move would damage
national security and UK-US relations.
Miliband's position in the affair came under renewed attack yesterday after it
emerged that his officials solicited a letter from the US state department to
back up his claim that if the evidence was disclosed, Washington might stop
sharing intelligence with Britain. The claim persuaded the high court judges to
suppress what they called "powerful evidence" relating to Mohamed's ill-treatment.
Edward Davey, the Liberal Democrat foreign affairs spokesman, today described
the move as possibly "one of the most outrageous deceptions of parliament, the
judiciary and the British people. There must be an immediate investigation, with
all related correspondence made public."
Edward Davey is right, but what is more outrageous is that the Obama
Administration appears to have happily joined in the scurrilous obstruction.
A flurry of letters between the British Foreign Office and the US State
Department has revealed that Washington did threaten to withdraw
intelligence-sharing with Britain if documents related to the alleged torture of
a British terrorism detainee in Guantanamo Bay were made public.
The High Court in London said on Wednesday the Foreign Office had refused to
allow the torture documents to be revealed because of a "threat" from Washington
to stop sharing intelligence with Britain.
The US warning, related to the case of British detainee Binyam Mohamed, was
promptly denied by British Foreign Secretary David Miliband, who insisted that
there had been no threat from the US to "break off intelligence co-operation".
Now, I would like to make clear that the immediately above details and quote
references letters and communications from last fall through shortly before
Obama took office. But the salient fact is that, as with their actions in the
wiretapping cases, al-Haramain and Mohamed ve Jeppesen, the Obama Administration
has done absolutely nothing to change the egregious policy. They just keep
following the Bush/Cheney script and, it would appear, that is still the case
after a meeting between Secretay of State Clinton and Millbrand in the first
week of February. Perhaps the best evidence of the Obama Administration's
determination to maintain complicity on the bogus obstruction of the case in
England occurred last week when one of Binyam's attorneys sent a letter to Obama:
US defence officials are preventing Barack Obama from seeing evidence that a
former British resident held in Guantánamo Bay has been tortured, the prisoner's
lawyer said last night, as campaigners and the Foreign Office prepared for the
man's release in as little as a week.
Clive Stafford Smith, the director of the legal charity Reprieve, which
represents Ethiopian-born Binyam Mohamed, sent Obama evidence of what he called
"truly mediaeval" abuse but substantial parts were blanked out so the president
could not read it.
In the letter to the president [PDF] , Stafford Smith urges him to order the
disclosure of the evidence.
Stafford Smith tells Obama he should be aware of the "bizarre reality" of the
situation. "You, as commander in chief, are being denied access to material that
would help prove that crimes have been committed by US personnel. This decision
is being made by the very people who you command."
It is understood US defence officials might have censored the evidence to
protect the president from criminal liability or political embarrassment.
The letter and its blanked-out attachment were disclosed as two high court
judges yesterday agreed to reopen the court case in which Mohamed's lawyers, the
Guardian and other media are seeking disclosure of evidence of alleged torture
against him. Mohamed's lawyers are challenging the judges' gagging order,
claiming that David Miliband, the foreign secretary, changed his evidence.
That's right, Mohamed's attorney was begging for assistance for Mohamed and an
order releasing the evidence of Binyam's torture, and it was censored! Oh, and
crickets has been the response from Obama. That is diametrically, and cravenly
so, opposed to the new, opposite of Bush/Cheney, open policy Obama promised
during his campaign.
President Barack Obama has been in office less than a month, yet has been
confronted head on with not one, but two, cases directly involving the life and
human rights of Binyam Mohamed. Both cases squarely presented an opportunity for
Mr. Obama to make the break from the oppressive rules of secrecy and torture
ingrained by the Bush/Cheney regime. On both cases Obama threw his lot in with
the secrecy and torture crowd.
Why does President Obama Hate The Truth On Binyan Mohamed?
P.S. - For more on the British Binyman Mohamed case, please visit Valtin for his
take.
http://emptywheel.firedoglake.com/2009/02/17/obama-hates-the-truth-on-binyan-mohamed/#more-3624
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