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Talk Nation Radio: David Segal on Ending Mass Surveillance, Keeping the Internet Free

https://soundcloud.com/davidcnswanson/talk-nation-radio-david-segal-on-ending-mass-surveillance-keeping-the-internet-free/

David Segal is the Executive Director of Demand Progress. He discusses the current struggles to end mass surveillance by the U.S. government and to keep the internet free and open. Segal is a former Democratic Rhode Island State Representative, and served on the Providence City Council as a member of the Green Party. During his eight years as an elected official he oversaw the passage of legislation promoting economic justice, renewable energy and open space, banking reform, affordable housing, LGBT rights, criminal justice reform, and a variety of other progressive causes. He recently ran in the Democratic primary for Rhode Island’s first Congressional seat, supported by much of the netroots and organized labor. His opinion pieces have appeared in the New York Times, Boston Globe, and other newspapers, and in a variety of online publications. He has a degree in mathematics from Columbia University. See:

http://demandprogress.org

http://sunsetthepatriotact.org

Total run time: 29:00

Host: David Swanson.
Producer: David Swanson.
Music by Duke Ellington.

Download from Archive or  LetsTryDemocracy.

Pacifica stations can also download from AudioPort.

Syndicated by Pacifica Network.

Please encourage your local radio stations to carry this program every week!

Please embed the SoundCloud audio on your own website!

Past Talk Nation Radio shows are all available free and complete at
http://TalkNationRadio.org

and at
https://soundcloud.com/davidcnswanson/tracks

The U.S. Bill of Rights Rewritten to Match Reality

There just might be a big boost in government honesty soon, as both houses of Congress have now passed with two-thirds votes and sent to the states for ratification a potential 28th amendment to the U.S. Constitution bearing the unofficial title "The Truth in Advertising Amendment." This is the text as passed by Congress:

Amendment 28

Preamble: The first through tenth articles of amendment to the Constitution of the United States are hereby repealed.

1. Congress shall make no law respecting an establishment of religion, apart from tax breaks for churches, and other than appropriate surveillance, entrapment, and drone strikes for members of any non-established religion, or prohibiting the free exercise thereof except where that exercise withholds taxes that fund war; or abridging the freedom of campaign bribery in any way or the freedom of speech from within adequate caged areas at an appropriate distance from potential listeners, unless that speech reveals wrongdoing by the government; or of the press cartel or of its right to propagandize for war; or the right of white people peaceably to assemble when not organizing a union, opposing a war, or protesting injustice, and to petition the Government for a redress of grievances, and to peaceably contemplate the Government's wisdom in ignoring any demands.

2. A well-armed world, being necessary to the profits of the weapons makers, the right of the people, police, government, and foreign nations to keep and bear any weapon they can afford to purchase, shall not be infringed, nor facts about the damage done be openly discussed.

3. No soldier shall, in time of peace be educated in the optional, unnecessary, counterproductive, uncontrollable, murderous, and trauma-inducing nature of war, nor any war veteran be quartered in any house without the proper funding or loan to purchase or rent that house in a manner to be prescribed by law.

4. The right of white people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated much, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized, unless the Government deems it appropriate to collect any electronic or other communication, or to record or film any behavior, or to kidnap, imprison, torture, or murder any person.

5. No police officer shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, in which cases fuggedaboutit; nor shall any white person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall any high-ranking official be compelled in any criminal case to be a witness against himself, nor any non-whistleblower be deprived of life, liberty, or property, without due process of law, except as stipulated in section 4; nor shall private property be taken for public use without just compensation, unless someone has smoked marijuana.

6. In all criminal prosecutions of extremely wealthy defendants, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

7. In suits at common law, where the value in controversy shall exceed twenty million dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the White House Office of Legal Counsel.

8. Excessive bail shall not be required of white people, nor excessive fines imposed on high-ranking officials, nor cruel and unusual punishments inflicted on non-whistleblowers, nor on anyone who has not been designated a military-aged male.

9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, including the right to shop.

10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, at the discretion of the President.

A Better Way to Read the First Amendment

Madison's Music: On Reading the First Amendment, a new book by Burt Neuborne, at first appears an unlikely work to serve much purpose today. Who wants to celebrate slave owner James Madison's view of freedom as embodied in a long outdated Constitution in desperate need of updating or rewriting? And who wants to hear it from a former legal director of the ACLU who just signed a petition supporting the hiring of Harold Koh, defender of drone murders and presidential wars of aggression, to teach human rights law at New York University, a petition by a bunch of stuffy corrupted professors countering the moral stand being taken by students?

But Neuborne's main thesis is not the worship of James Madison, and he merely suffers the same blindness to war as the rest of his society, believing, as he writes, that the world is "dependent on the anchor of American power" (whether the world wants it or not). While legalizing murder may not be a problem for Neuborne's view of the Constitution, legalizing bribery is. And that's where Madison's Music becomes useful. Each time the U.S. Supreme Court rules in favor of plutocracy it is ruling against precedents, common sense, basic decency, and a coherent and plausible reading of the Bill of Rights that reads the various amendments as aimed at strengthening democracy.

It's also ruling against a Constitution that nowhere gave it, the Supreme Court, any right to rule on any such things. While there is, sadly, no way to read the Supreme Court out of the Constitution, it can be quite easily understood as subject to the laws of Congress rather than vice versa. Not that today's Congress gets us any closer to democracy than does today's Supreme Court, but when our culture is ready for reform, the paths available will be numerous and each and every institution subject to reform or abolition.

The first amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Neuborne, to his credit, does not choose to read this as the ACLU does, namely as including a defense of bribery and private election spending.

Madison's original draft, severely edited by the Senate -- one of those institutions worthy of abolition, and one for which Madison himself was in part to blame -- began with protection of both religious and secular conscience. The final draft begins by forbidding the government from imposing religion, and then forbids it from prohibiting anyone's religion. The point is to establish, in an eighteenth century manner, the freedom of thought. From thought, one moves on to speech, and from ordinary speech one moves on to the press. Each of these is guaranteed freedom. Beyond speech and press, the trajectory of an idea in a democracy proceeds to mass action: the right to assemble; and beyond that there remains the right to petition the government.

As Neuborne points out, the first amendment depicts a functioning democracy; it doesn't simply list unrelated rights. Nor is freedom of speech the only real right it lists, with the other rights being simply particular instances of it. Rather, freedom of thought and press and assembly and petition are unique rights with their own purposes. But none of them are ends in themselves. The purpose of the whole array of rights is to shape a government and a society in which popular thought (at one time of wealthy white males, later expanded) has at least some significant impact on public policy. Currently, of course, it does not, and Neuborne puts much of the blame for that on the Supreme Court's choices over the centuries, well meaning and otherwise, in how to read the first amendment.

As Neuborne suggests, the right to petition the government has been neglected. Nothing goes to a vote in the House of so-called Representatives unless approved by the majority party leader. Forty-one senators representing a tiny sliver of the population can stop almost any bill in the Senate. A democratic understanding of the right of petition might allow the public to compel votes in Congress on matters of public interest. In fact, I think this understanding would not be a new one. Jefferson's Manual, which is part of the rules of the House, allows for petitions and memorials, which are often submitted to Congress by local and state governments and groups. And at least in the case of impeachment proceedings, it lists a petition and memorial (written statement of facts accompanying the petition) as one of the means of initiating impeachment proceedings. I know because thousands of us collected millions of signatures on petitions to begin the impeachment of President George W. Bush, the desirability of which also reached a majority in public opinion polls despite zero action or discussion in Washington. The public was unable to even compel a vote. Our grievances were not redressed.

The right of assembly has been confined in free-speech cages, the right of free press has been corporate-monopolized, and the right of free speech has been shriveled away in the right places and expanded in the wrong places.

I'm not convinced by those who argue against all limits on speech. Speech is, appropriately enough, not considered free when it comes to threats, blackmail, extortion, false statements causing harm, obscenity, "fighting words," commercial speech urging illegal action, or egregiously false and misleading commercial speech. Under the International Covenant on Civil and Political Rights, to which the United States is a party, "any propaganda for war" must be prohibited, a standard which, if enforced, would eliminate a big chunk of U.S. television viewing.

So, we must choose where to allow speech and where not to, and as Neuborne documents, this is currently done with zero respect for logic. Spending money to elect a plutocratic-friendly candidate is considered "pure speech," deserving of the highest protection, but contributing money to that candidate's campaign is "indirect speech," deserving of a bit less protection and therefore subject to limits. Meanwhile burning a draft card is merely "communicative conduct" and when a voter writes in a name as a protest vote that gets no protection at all and can be banned. The Supremes do not allow judges to hear cases in which one litigant is a major benefactor of the judge, yet allow elected officials to govern people who buy them their seats. Corporations get first amendment rights despite lacking the human dignity to qualify for the fifth amendment's right to remain silent; are we supposed to pretend corporations are human or not? The Court upheld an Indiana voter ID requirement despite understanding that it would disproportionately harm the poor and despite not a single case of voter fraud being found anywhere in Indiana. If the right to outspend anyone else and effectively buy a candidate an election is the highest form of protected speech, why is the right to vote the lowest? Why are long lines to vote in poor neighborhoods allowed? Why can districts be gerrymandered to guarantee election of a candidate or party? Why can a criminal conviction strip away the right to vote? Why can elections be designed to benefit a two-party duopoly rather than the voters?

Neuborne writes that, "the robust third-party culture of the nineteenth century rested on ease of ballot access and the ability to cross-endorse. The Supreme Court has wiped out both, leaving a Republicrat cartel that stifles new ideas that might threaten the status quo."

Neuborne suggests many of the usual, and very good, solutions: creating free media on our air waves, providing tax credits to effectively give every person money to spend on elections, matching small donations as New York City does, creating automatic registration as Oregon just did, creating an election day holiday. Neuborne proposes a duty to vote, allowing an opt-out -- I'd rather add an option to vote for "none of the above." But the real solution is a popular movement that compels one or more branches of our government to view its purpose as supporting democracy, not just bombing other countries in its name.

Which brings us to the primary thing our government does, which even its detractors among law professors approve, namely war. To his credit, Neuborne favors the right to conscientious objection, as well as the free-speech right of groups or individuals to teach nonviolent action techniques to groups labeled "terrorist." Yet he supports hiring as a teacher of so-called human rights law a man who used his law background to tell Congress it had no war powers, to legitimate a brutal and blatantly illegal attack on Libya that has left behind a possibly permanent catastrophe from which helpless people are fleeing by boat, and to sanction the practice of murdering men, women, and children in large numbers by missile from drone.

I would love to see the explanation from Professor Neuborne as to how it can be the government's right to murder him (and anyone near him) with a hellfire missile, while it is simultaneously his right to be secure in his person against unreasonable search and seizure, his right not to be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury, his right to a speedy and public trial, his right to be informed of the accusation and to be confronted by the witnesses, his right to subpoena witnesses, his right to a trial by jury, and his right not to suffer cruel or unusual punishment.

Talk Nation Radio: Karen Dolan on the Criminalization of Poverty

https://soundcloud.com/davidcnswanson/talk-nation-radio-karen-dolan-on-the-criminalization-of-poverty

Karen Dolan is a Fellow at the Institute for Policy Studies and directs the Criminalization of Poverty project there. She also is a member of the team at the Economic Hardship Reporting project. Her public scholarship and activism is focused on domestic poverty and local democracy/empowerment. Karen's latest publication is The Poor Get Prison: The Alarming Spread of the Criminalization of Poverty: PDF.

Total run time: 29:00

Host: David Swanson.
Producer: David Swanson.
Music by Duke Ellington.

Download from Archive or  LetsTryDemocracy.

Pacifica stations can also download from AudioPort.

Syndicated by Pacifica Network.

Please encourage your local radio stations to carry this program every week!

Please embed the SoundCloud audio on your own website!

Past Talk Nation Radio shows are all available free and complete at
http://TalkNationRadio.org

and at
https://soundcloud.com/davidcnswanson/tracks

Drone Victims Take Germany to Court for Abetting U.S. Murders

Andreas Schüller is an attorney on the staff of the European Center for Constitutional and Human Rights. He is the lead attorney on a suit being brought by ECCHR and Reprieve against the German government on behalf of three Yemeni survivors of a U.S. drone strike. The case will be heard May 27th in Cologne.

Their suit argues that it is illegal under German law for the German government to allow the U.S. air base at Ramstein to be used for drone murders abroad. The suit comes after the passage of a resolution in the European Parliament in February 2014 urging European nations to "oppose and ban the practice of extrajudicial targeted killings" and to "ensure that the Member States, in conformity with their legal obligations, do not perpetrate unlawful targeted killings or facilitate such killings by other states."

I've always thought of drone murders as illegal under the laws of the countries where the murders happen, as well as under the UN Charter and the Kellogg Briand Pact. I asked Schüller: Is your suit seeking prosecution for murder where (or in one of the places where) the act is committed from a distance?

"The suit," he replied, "is based on constitutional rights in Germany and thus not seeking prosecution, but measures by the German administration to stop the use of German territory for illegal actions by the U.S. in Yemen." The central claim, he said, is that the U.S. air base at Ramstein is involved in drone operations, by transmitting data from and to drones through a satellite relay station as well as transatlantic fiber cables. The suit seeks to stop use of the air base's air operations center for analysis of surveillance images sent by drones as part of combat drone missions.

How, I asked, does this differ from the recent indictment of a former CIA station chief in Pakistan?

"The Pakistani case," Schüller said, "deals with drone strikes in the country where they take place in massive numbers and with high numbers of killed civilians. It's about prosecuting individuals responsible for the strikes set up. Our suit concerns the preemptive protection of our clients that are living in an area with continuing drone operations as well as technical and targeting aspects in drone operations and state collaboration."

In the United States it's common for lawyers to claim that murder is legal if it's part of a war, and to defer to the warmakers to tell them if something is part of a war or not; does it matter in your case whether the act was part of a war?

"It is important to prove that the U.S. practice in conducting drone strikes is illegal in several aspects. On the one hand, strikes in Yemen are conducted outside an armed conflict and thus infringe the right to life without any justification. In line with a legal opinion by the German Federal Prosecutor's Office we don't consider the U.S. to be in a global armed conflict against Al-Qaida and associate forces. Even if there would be the case of an armed conflict, the targeting practice by the U.S. is too broad and includes a large number of targets that do not fall under the category of legitimate military targets in an armed conflict. Attacks against those targets are thus illegal, even in armed conflict."

Is Germany obliged by the European Parliament to end drone murders from its soil? (And does this apply to every EU member country?) And by the German Constitution?

"Politically, the European Parliament made a strong statement against the illegal and expanded use of drone strikes. All EU member states are also bound by laws, such as the European Convention of Human Rights, to respect and protect the right to life. A similar provision is part of the German constitution."

Briefly what is the story of the victims in your case?

"On August 29, 2012, five rockets fired by U.S. drones struck the village of Khashamir in eastern Yemen. The extended family of our clients had gathered in the village to celebrate a wedding. Two members of the family were killed in the strike. Other family members were left with ongoing trauma. The family members killed were outspoken critics of AQAP and active in countering their influence in the region through speeches and social activities."

What do you hope to prove?

"It's about the use of German territory for illegal drone operations and the need for European governments to take a stronger legal and political position against the continuing US practice."

What is the timing?

"The lawsuit has been filed in October 2014 with the administrative court in Cologne. In the end of May 2015 an oral hearing will take place. Further court session as well as rendering of a judgment are not foreseeable, as well as appeals procedures."

What could result if you succeed?

"The result could be that the German government must take a stronger position towards the U.S. government to stop the use of the U.S. airbase in Ramstein for drone operations, including activities to rebuild the relay station or the air operations center."

Any benefit for this movement that I just wrote about?

"In Europe, we need to form a transborder activists network addressing and opposing the use of European allies' soil for drone operations. So the German case will definitely be of interest for Italy and other countries in Europe."

What can people do to help?

"The ultimate political goal is to change the U.S. practice of drone strikes and to conduct them according to human rights standards. People must continue to put pressure on governments worldwide to take a clear position on the legal boundaries of drone strikes as well as the long-term consequences in international relations if such an illegal practice continues in many different places worldwide."

Well let's hope the ultimate goal is not murders by flying robots that meet "human rights standards" whatever in the world those might be! But let's help advance this effort to hold the German government to a higher standard than the abysmal one modeled by the United States.

A key witness in court will be former U.S. drone pilot Brandon Bryant. If you know of any other drone pilots willing to speak about what they've done, please let me know.

© ECCHR / Photo: Nihad Nino Pušija

To End Government Spying, Stop Buying Stuff

The thrust of Robert Scheer's new book, They Know Everything About You, is that the U.S. government's mass surveillance and permanent storage of everything you do on the internet is piggybacking on Amazon, Google, Microsoft, Facebook, Apple, AOL, Yahoo, and other companies that suck up and permanently store every scrap of information about you that they can lay their virtual hands on -- and that this data mining is driven primarily by the profit to be gained from carefully targeted advertising.

In other words, corporations' desire to place the ideal piece of consumer crap under your nose has facilitated the government's ability to intimidate and preempt activism, and to prosecute and convict on the basis of impressively technical circumstantial evidence. This is unfair in at least two ways. First, and most obviously, it is a gross violation of our rights, an assault on self-governance, a move toward totalitarianism. Facebook is openly running experiments manipulating users' emotions. The Pentagon is buying similar studies from the same academics of how to prevent activist movements -- studies that equate peace activism with violent terrorism. Google is deciding which news you should see and hiring the head of DARPA to head its own private DARPA. The owner of the Washington Post has a much larger investment in providing Amazon's services to U.S. spy agencies. Privatized spy agency contractors (a gift of the Bill Clinton presidency) are hacking into computers around the world with hostile intent and with zero public authorization. The Chamber of Commerce apparently has a free pass to target its critics with hacking and smears and traps set with false leaks. Reporter Michael Hastings dies mysteriously when investigating government tech contractors, and Barrett Brown lands in prison just for linking to embarrassing information. All of this is beginning to be understood and resented. Scheer's book is a great primer on much of it.

Second, and perhaps less obviously, it strikes me as unfair that people like me who have never ever, not even once, clicked on an advertisement or bought anything displayed to me in an advertisement on any of my electronic devices, have to have every move we make surveilled, just because the rest of you are tolerating advertising, clicking on advertising, heeding the commands of advertising, and buying shit. I've had to show up at a nonviolent peaceful protest of war and have the New York Police Department officials make clear to me that they had been reading my email earlier that day, because you thought that some shiny new product you had absolutely no need of was adorable. Does this seem fair? Does it seem like a wise setting of priorities? When politicians urge shopping as civic duty, shouldn't we hear in that not only the maintenance of a perverse economic system but also the development of a surveillance state the Soviets never dreamed of, driven by profit, and co-opted by a government that has merged with Silicon Valley until nobody can tell where one stops and the other begins?

According to Scheer the internet has persuaded people that privacy is the same thing as anonymity, and that visibility is far more valuable, as well as that corporate surveillance is of no concern and completely unlike government surveillance. Edward Snowden's revelations, Scheer writes, exposed corporate complicity with government surveillance, threatening corporations' reputations with their customers. But reform proposals that Scheer cites, such as requiring a new click on an "AGREE" button each time a company sells data on you to a third party, have not been created. The European "right to be forgotten" -- that is to have undesired information about oneself removed from the internet -- is not heard of in the United States, and to my mind is in sharp opposition to U.S. belief in the impossibility of redemption, the inherent good or evil of each person from birth to death, and the guilt of anyone accused of wrong doing.

Scheer quotes Lee Tien, attorney for Electronic Frontier Foundation, "There are no personal solutions to this; there is nothing we can do individually." I assume this is based on the reasonable expectation that you won't all stop buying stuff. But imagine the time and savings and security you would have if you did stop buying stuff. What harm would it do? You don't even have to stop buying stuff. Just stop buying anything that's advertised. Buy non-advertised goods. Consider that your civic duty.

Talk Nation Radio: Brian Terrell: Anti-Drone-War-Movement Is Growing

https://soundcloud.com/davidcnswanson/talk-nation-radio-brian-terrell-anti-drone-war-movement-is-growing

Brian Terrell discusses a recent major protest of drone murders at Creech Air Force Base in Nevada and the state of the anti-drone-war movement. Brian is a co-coordinator for Voices for Creative Non-Violence, and event coordinator for the Nevada Desert Experience. He lives on a Catholic Worker farm in Maloy, Iowa. From this farm, Brian travels, speaking and acting with various communities working for peace. Two years ago he was serving a six month prison sentence for protesting drone killing from Whiteman Air force Base in Missouri, and this past month he returned from a visit to Kabul, Afghanistan.

Total run time: 29:00

Host: David Swanson.
Producer: David Swanson.
Music by Duke Ellington.

Download from Archive or  LetsTryDemocracy.

Pacifica stations can also download from AudioPort.

Syndicated by Pacifica Network.

Please encourage your local radio stations to carry this program every week!

Please embed the SoundCloud audio on your own website!

Past Talk Nation Radio shows are all available free and complete at
http://TalkNationRadio.org

and at
https://soundcloud.com/davidcnswanson/tracks

Admit that torture does not work

To: Keifer Sutherland and Kathryn Bigelow

Admit awareness of the fact that torture does not work in real life. Sign the petition.

Admit that torture does not work

Why is this important?

The popularity and acceptability of torture have soared in the United States and around the world. This is not simply because the United States has tortured. The U.S. government, many of its policies, its wars, and key torture supporters have not seen similar boosts in popularity.

A major contributor to torture's improved image has been Hollywood, led by two productions that have popularized the false belief that torture can produce life-saving information. The U.S. Senate report's summary makes clear that torture has not worked in the real world. In fact, torture has generally not been used to stop an imminent attack, and has been used in some cases to compel agreement with lies about Iraqi links to al Qaeda -- lies aimed at starting a war.

The fantasy situation in which a torturer knows his victim has life-saving information that cannot be obtained elsewhere, and that his victim won't lie, and that torture will work better than legal interrogation exists only in fiction. But belief in it creates acceptance of torture.

Experts agree on this, but people need to hear it from the fictional experts they've heard of for it to seem real to them. People need to hear Keifer Sutherland, star of "24," and Kathryn Bigelow, director of "Zero Dark Thirty," admit that torture does not work in real life.

Sutherland and Bigelow don't need to criticize or apologize for their art. They don't need to begin self-censoring. They just need to admit that they are aware of the facts, that torture did not help find Osama bin Laden, that torture has not prevented deaths or destruction -- quite the contrary.

U.S. torture has been a recruiting bonanza for anti-U.S. terrorist groups. This fact is trumpted most loudly by defenders of torture and opponents of releasing reports, photos, or videos of what was done. The open secret that we need key public figures to acknowledge is that there's no up-side to weigh against the harm done.

On March 1, 2015, the Independent claimed to change everything with this headline: "Revealed: How torture was used to foil al-Qaeda 2010 plot to bomb two airliners 17 minutes before explosion." The claims in the article are not well documented and quite possibly entirely false. There is no evidence that questioning without torture wouldn't have worked as well or better than torturing. The bomb in the story may have been planted in the first place as retaliation for torture. And the serious argument against torture is not "It's just wrong" but that allowing it creates its widespread use and contributes to other brutal policies including war that kill and injure countless people driving forward vicious cycles of violence.

Torture creates enemies, causes horrific suffering, and dehumanizes the torturers including those who passively allow it. A torturer cannot know that someone has lifesaving information and is most likely to reveal it under torture. And once we pretend that a torturer might know that, we cannot stop the torturers from torturing large numbers of people.

Sign the petition.

Learn more with:

Gareth Porter: How the CIA Covered Up Its Lie on Torture and bin Laden

Patrick Cockburn: CIA Torture Report: It Didn't Work Then, It Doesn't Work Now

Donald Canestraro: Experienced Interrogator: Torture Doesn't Work

Did Berkeley Just Save Us From Drones or Target Us With Drones?

Cities and states across the United States have been taking various actions against drones, while the federal government rolls ahead with project fill the skies.

Robert L. Meola has been working for years now to get Berkeley to catch up with other localities and claim its usual spot at the forefront of movements to pass good resolutions on major issues. Now Berkeley has acted and Meola says "This is NOT what I/we asked for."

Here's what they asked for:

Establishing a Two Year Moratorium on Drones in Berkeley
From: Peace and Justice Commission
Recommendation: Adopt a Resolution adopting a two year moratorium on drones in Berkeley.
Financial Implications: Unknown

And what they got:

Action: 11 speakers.  M/S/C (Bates/Maio) to: 1) adopt a one-year moratorium on the use of unmanned aircraft systems, or “drones” by the Berkeley Police Department, 2) ask the Council to develop a policy for police use of drones, and 3) to authorize the use of drones by the Berkeley Fire Department for disaster response purposes. Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Bates; Noes – Droste; Abstain – Worthington.

Meola responds:

"They adopted a ONE year moratorium on POLICE use of drones.  The police have not been interested in getting a drone, according to the last official word from the chief.  But they AUTHORIZED use by the Fire Department, who also has not asked to have a drone.  And if they get one, will it ONLY be used by the Fire Dept. for disaster response purposes??--Maybe.     And they say they will develop a policy for Police USE of drones.  How nice of them.  We have asked for NO DRONES, NO POLICE USE OF DRONES, and their moratorium entails coming up with a policy for POLICE USE OF DRONES while they still haven't tackled the issues around a comprehensive drone policy for Berkeley.  I spoke.  Others spoke. The ACLU spoke.   The Mayor is slick.  He started out saying two years and ended up with one.  They had a whole list of exceptions that got exchanged for this crappy policy. 

"So, if no one is paying attention to the details, the propaganda sounds good:  BERKELEY PASSES ONE YEAR MORATORIUM ON DRONES  Wow! Groovy!   Better maybe not to have done anything!  Kriss Worthington abstained because this doesn't sound better than doing nothing once you read the details of what they actually passed.  

"They ignored all the good stuff in our recommendation re not using info obtained by a drone in  state and federal criminal investigations without a valid warrant based on probable cause.   They ignored asking the state to establish a two year moratorium.  

"My time would be better spent organizing for Nonviolent Anarchist Revolution, don't you think?  Instead I am asking for them to make a law!  And this is the result!  HELP!

"No faith n the system, not even in Berkeley.

"LONG LIVE ANARCHY!"

Hey, Berkeley, your people sure seem to love you. I've received several emails today from random people in Berkeley on the theme of how useless your Police Review Commission is. And I live nowhere near Berkeley and hadn't inquired.

Wouldn't keeping killer spy robots out of the skies have been an easy way to do something positive?

The Case Against Re-Banning Torture Yet Again

Senator Ron Wyden has a petition up at MoveOn.org that reads "Right now, torture is banned because of President Obama's executive order. It's time for Congress to pass a law banning torture, by all agencies, so that a future president can never revoke the ban." It goes on to explain:

"We live in a dangerous world. But when CIA operatives and contractors torture terrorist suspects, it doesn't make us safer -- and it doesn't work. The recent CIA torture report made that abundantly clear. Right now, the federal law that bans torture only applies to the U.S. military -- not our intelligence agencies. President Obama's executive order barring all agencies from using torture could be reversed, even in secret, by a future president. That's why it's critical that Congress act swiftly to pass a law barring all agencies of the U.S. government, and contractors acting on our behalf, from engaging in torture. Without legislation, the door on torture is still open. It's time for Congress to slam that door shut once and for all."

Why in the world would anybody object to this unless they supported torture? Well, let me explain.

Torture and complicity in torture were felonies under U.S. law before George W. Bush moved into the White House, under both the torture statute and the war crimes statute. Nothing has fundamentally changed about that, other than the blatant lack of enforcement for several years running. Nothing in those two sections of the U.S. code limits the law to members of the U.S. military or excludes employees or contractors or subcontractors of so-called intelligence agencies. I emailed a dozen legal experts about that claim in the above petition. Michael Ratner replied "I don’t see where they get that from." Kevin Zeese said simply "They're wrong." If anyone replies to me with any explanation, I'll post it as an update at the top of this article on davidswanson.org -- where I can be contacted if you have an explanation.

For the past several years, the U.S. Congress, White House, Justice Department, and media have gone out of their way to ignore the existence of U.S. laws banning torture. When silence hasn't worked, the primary technique has been proposing over and over and over again to ban torture, as if it were not already banned. In fact, Congress has followed through and banned it a number of times, and done so with new exceptions that by some interpretations have in fact weakened the war crimes statute. This is my best guess where the nonsense about applying only to "intelligence agencies" comes from: laws like the Military Commissions Act of 2006 that claimed to pick and choose which types of torture to ban for whom.

When President Obama took President Bush's place he produced an executive order purporting to ban torture (again), even while publicly telling the Justice Department not to enforce any existing laws. But an executive order, as Wyden seems to recognize, is not a law. Neither can it ban torture, nor can it give legal weight to the pretense that torture wasn't already banned. In fact the order itself states: "Nothing in this order shall be construed to affect the obligations of officers, employees, and other agents of the United States Government to comply with all pertinent laws and treaties of the United States governing detention and interrogation, including but not limited to: the Fifth and Eighth Amendments to the United States Constitution; the Federal torture statute, 18 U.S.C. 2340 2340A; the War Crimes Act, 18 U.S.C. 2441 . . . ."

Senator Wyden says he will introduce yet another bill to "ban torture." Here's how the Washington Post is spinning, and explaining, that:

"Torture is already illegal, but Wyden notes that protections can be strengthened. To oversimplify, the U.S. is a signatory to the U.N. Convention Against Torture, in which participating states agreed to outlaw intentionally inflicting severe pain for specific purposes. The Bush administration obviously found a (supposedly) legal route around that."

In other words, because it was done by a president, it was legal -- the worldview of the Post's old buddy Richard Nixon.

"After the Abu Graib revelations, John McCain helped pass a 2005 amendment that would restrict the military from using specific brutal interrogation tactics — those not in the Army Field Manual. (This didn’t preclude intel services from using these techniques, which might explain why CIA director John Brennan felt free to say the other day that future policymakers might revert to using them). In 2008, Congress passed a measure specifically applying those restrictions to intelligence services, too, but then-President Bush vetoed it. Senator Wyden would revive a version of that 2008 bill as a starting point, with the goal of codifying in law President Obama's executive order banning the use of those specific techniques for all government employees, those in intelligence services included."

But let's back up a minute. When a president violates a law, that president -- at least once out of office -- should be prosecuted for violating the law. The law can't be declared void because it was violated. Loopholes can't be created for the CIA. Reliance on the Army Field Manual can't sneak into law the loopholes built into that document. Presidents can't order and un-order things illegal. Here's how the United Nations Special Rapporteur on counter terrorism and human rights, Ben Emmerson responded to the release of the Senate's report summary:

"The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes. The fact that the policies revealed in this report were authorised at a high level within the U.S. Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability. International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the U.S. Government who devised, planned and authorised these crimes. As a matter of international law, the U.S. is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes."

Now, one could try to spin the endless re-banning of torture as part of the process of enforcing an international treaty that under Article VI of the U.S. Constitution is the supreme law of the land. But banning a practice going forward, even when you ban it better, or ban it more emphatically for the 8th time, does absolutely nothing to fulfill the legal obligation to prosecute those crimes already committed. And here we are dealing with crimes openly confessed to by past officials who assert that they would "do it again" -- crimes that resulted in deaths, thus eliminating any attempt at an argument that statutes of limitations have run out.

Here's a different sort of petition that we've set up at RootsAction.org along with Witness Against Torture and the Bill of Rights Defense Committee: " We call on President Obama to allow the U.S. Department of Justice to enforce our laws, and to immediately appoint a special prosecutor. As torture is a crime of universal jurisdiction, we call on any willing court system in the world to enforce our laws if our own courts will not do so."

The purpose of such a petition is not vengeance or partisanship or a fetish with history. The purpose is to end torture, which is not done by looking forward or even by pardoning the crimes, as the ACLU has proposed -- to its credit recognizing that the crimes exist. That should be a first step for anyone confused by the endless drumbeat to "ban torture."