11 Aug 2010

America, The Shining City on a Hill

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More depressing stuff from Glenn Greenwald:

The Obama administration’s claim that the commissions are now improved to the point that they provide a forum of real justice is being put to the test — and blatantly failing — with the first such commission to be held under Obama:  that of Omar Khadr, accused of throwing a grenade in 2002 which killed an American solider in Afghanistan, when Khadr was 15 years old.  This is the first trial of a child soldier held since World War II, explained a U.N. official who condemned these proceedings.   The commission has already ruled that confessions made by Khadr which were clearly obtained through coercion, abuse and torture will be admitted as evidence against him. Prior to the commencement of Khadr’s “trial,” the commission ruled in another case that the sentence imposed on a Sudanese detainee Ibrahim al-Qosi — convicted as part of a plea bargain of the dastardly crime of being Osama bin Laden’s “cook” — will be kept secret until he is released.  What kind of country has secret sentences?

That really is amazing. Would that have even occurred to you, to give someone a sentence and then not tell the world what it was? Have you ever even heard of such a thing? Well this guy hadn’t:

A fellow observer of the military commissions here, former Marine judge and law of war expert Gary Solis, here to monitor the commissions for the National Institute for Military Justice, says he has presided over 700 courts-martial and has never heard of a secret sentence. . . .

The above isn’t Glenn talking; he’s quoting an ACLU person writing from Guantanamo. She goes on to write:

It boggles the mind that the military judge could find that Khadr was not coerced and gave these statements to interrogators voluntarily. Khadr, then 15 years old, was taken to Bagram near death, after being shot twice in the back, blinded by shrapnel, and buried in rubble from a bomb blast. He was interrogated within hours, while sedated and handcuffed to a stretcher. He was threatened with gang rape and death if he didn’t cooperate with interrogators. He was hooded and chained with his arms suspended in a cage-like cell, and his primary interrogator was later court-martialed for detainee abuse leading to the death of a detainee. During his subsequent eight-year (so far) detention at Guantánamo, Khadr was subjected to the “frequent flyer” sleep deprivation program and he says he was used as a human mop after he was forced to urinate on himself.

In closing arguments before the judge’s ruling, Khadr’s sole defense lawyer, Lt. Col. Jon Jackson, told the judge, “Sir, be a voice today. Tell the world that we actually stand for what we say we stand for.”

The judge didn’t tell the world any such thing.

GG then takes the mic back, and makes this good point:

As I’ve written before about the Khadr case…what is most striking to me about this case is this:  how can it possibly be that the U.S. invades a foreign country, and then when people in that country — such as Khadr — fight back against the invading army, by attacking purely military targets via a purely military act (throwing a grenade at a solider…), they become “war criminals,” or even Terrorists, who must be shipped halfway around the world, systematically abused, repeatedly declared to be one of “the worst of the worst,” and then held in a cage for almost a full decade (one third of his life and counting)?  It’s hard to imagine anything which more compellingly underscores the completely elastic and manipulated “meaning” of “Terrorist” than this case:  in essence, the U.S. is free to do whatever it wants, and anyone who fights back, even against our invading armies and soldiers (rather than civilians), is a war criminal and a Terrorist.

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