Posts Tagged ‘ senate judiciary committee ’

Torture Architect Argues For Indefinite Detention of Americans

Paul Joseph Watson
Infowars.com
Wednesday, February 29, 2012

ACLU: “Nothing short of chilling”

In the aftermath of Barack Obama’s Presidential Policy Directive which forbids controversial provisions of the National Defense Authorization Act from being used against lawful residents, a former architect of the infamous Bush torture program today testified in favor of indefinite detention for US citizens.

Following the release of a White House “fact sheet” which announced that “Section 1022 does not apply to U.S. citizens, and the President has decided to waive its application to lawful permanent residents arrested in the United States,” Steven G. Bradbury, former head of the Office of Legal Counsel (OLC) in the United States Department of Justice under the Bush administration, testified today that the law should be applied to American citizens in order to deal with “homegrown terrorists”.

In his position as OLC head, Bradbury is widely acknowledged as one of the primary architects of the Bush torture program, having provided legal opinions that justified the kind of abuse that came to light in the aftermath of the Abu Ghraib scandal, which included torture by hanging, beating prisoners to death, raping women, and sodomizing detainees with batons and phosphorescent tubes.

Bradbury told a Senate Judiciary Committee that legislation which would limit the arbitrary application of indefinite detention provisions, the Due Process Guarantee Act, was dangerous because it would prevent US citizens labeled “enemy combatants,” from being interrogated by the military.

“If we capture on our soil a U.S. citizen or lawful permanent resident who is such an enemy recruit and has been actively involved in carrying out or otherwise aware of an unfolding plot by a foreign power against the United States, this proposed legislation could seriously impede our ability to gather critical intelligence from that combatant through military questioning,” Bradbury told the committee. “By requiring that criminal charges be brought against the detainee as a  condition of this continued detention, the [Due Process Guarantee Act] would threaten to disrupt the practical opportunity to conduct such intelligence gathering.”

In response, Sen. Al Franken (D-Minn.), who voted against the NDAA, requested that Bradbury’s involvement with the Bush torture scandal be included in the record.

“It’s nothing short of chilling that the Senate Judiciary Committee would have as a witness one of the architects of the torture program,” American Civil Liberties Union legislative counsel Chris Anders told Raw Story. “This is a person who wrote several memos that provide legal justification for the torture program during the Bush administration, and wrote memos on how to try to circumvent legal protections that Congress had put in place to block the use of torture and abuse of detainees.”

“For Congress to be relying on someone who has shown so little disregard for the law that he would say that it’s legally okay to waterboard people and use other torture tactics against them is remarkable. It’s remarkable and it’s wrong.”

However, Sen. Lindsey Graham supported Bradbury’s position, arguing that “The homeland is part of the battlefield,” and that so-called enemy combatants, even if they are American citizens, should be treated as terrorists.

As we explained in our previous article, although Obama’s PPD on exempting Americans from being subject to indefinite detention represents a worthy victory for civil libertarians, it comes after the administration itself demanded such provisions be applied to US citizens in the first place.

It also provides no guarantee that a future administration, which could be in office in less than a year, will not use the ‘kidnapping provisions’ against US citizens. This is all the more reason to support efforts by states such as Virginia and Utah to repudiate the NDAA altogether.

Source

Justice Dept. Ignored Law Requiring Annual Submission of Surveillance Reports to Congress

I keep saying it…. Big Brother is always watching you! The Justice Department has been given the permission to watch you, to monitor your emails and phone calls, your online social media activities, and what you purchase in stores but they were required to report their actions and finding to Congress; they didn’t report in so now what happens?

Noel Brinkerhoff
AllGov
Tuesday, February 14, 2012

For five years, the U.S. Department of Justice failed to inform Congress about the surveillance by federal law enforcement of certain types of email and telephone information, despite a lawful requirement to do so.
Using what’s known as pen register and trap-and-trace capturing, agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, the Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives increasingly snooped on Internet communications by the tens of thousands from 2004 to 2008.
During this period, the frequency of this wiretapping method nearly doubled, from 10,885 to 21,152, according to Wired’s Danger Room.
But the Justice Department did not report as required to lawmakers on this activity. The Senate Judiciary Committee, which is supposed to receive these reports, also was not pro-active in reminding the agency that it had failed to comply with federal law.
Types of information collected through pen registers and trap-and-trace capturing include phone numbers of calls made and received, as well as the senders and recipients (and sometimes the subject lines) of email messages.
With a collective straight face, the Justice Department has claimed that the failure to submit the annual surveillance reports to Congress was an oversight or a “mistake.” In 2004, the Justice Department turned in its reports for 1999-2003, and in December 2010 it posted its reports online for the years 2004-2009.