Some Logical Questions for Ambassador Crocker

This is from the statement of Ryan Crocker, US Ambassador to Iraq, in front of the Foreign Relations Committee yesterday:

One conclusion I draw from these signs of progress is that the strategy that began with the Surge is working. This does not mean, however, that U.S. support should be open-ended or that the level and nature of our engagement should not diminish over time. It is in this context that we have begun negotiating a bilateral relationship between Iraq and the United States…The heart of this relationship will be a legal framework for the presence of American troops similar to that which exists in nearly 80 countries around the world…

U.S. forces will remain in Iraq beyond December 31, 2008, when the U.N. resolution presently governing their presence expires. Our troops will need basic authorizations and protections to continue operations – and this agreement will provide those authorizations and protections.

The agreement will not establish permanent bases in Iraq, and we anticipate that it will expressly foreswear them. The agreement will not specify troop levels, and it will not tie the hands of the next Administration. Our aim is to ensure that the next President arrives in office with a stable foundation upon which to base policy decisions, and that is precisely what this agreement will do. Congress will remain fully informed as these negotiations proceed in the coming weeks and months.

Both the US constitution and the Iraqi constitution require that treaties be approved by their respective legislative branches. Yet Crocker states that Congress will merely be “fully informed” about the US-Iraq agreement. And he doesn’t even mention the Iraqi parliament. (It is highly unlikely that either the US Congress or the Iraqi parliament would approve this, let alone both.)

Crocker and the Bush administration justify this by claiming the agreement will not rise to the level of a treaty—that it will be a mere Status of Forces Agreement (SOFA), which can be concluded just between the respective countries’ executive branches. However, all previous SOFAs have merely governed mundane issues, such as “wearing of the uniform, the carrying of arms, tax and customs relief, entry and exit of personnel and property, and resolving damage claims.” R. Chuck Mason, the Congressional Research Service’s expert on SOFAs, recently stated that a review of over 70 of them found that “none contained the authority to fight.” It has always been treaties which do that. The United States does have a SOFA with Germany, but it is the NATO treaty which makes it legal for US troops there to kill people.

Thus the Bush administration position breaks completely with decades of precedent. Moreover, its extremism can be understood by the fact that it logically goes both ways: if Bush and Maliki can together agree without Iraqi parliamentary approval that Americans can be based in Iraq and kill Iraqis, then Maliki and Bush could together agree without US congressional approval that Iraqis can be based in the US and kill Americans.

So Ambassador Crocker (and other Bush administration functionaries) should have been asked this by congress:

1. Will the US-Iraqi agreement require the approval of the Iraqi parliament?

2. If not, could Bush and Maliki decide tomorrow that Iraqi troops and private contractors will be stationed in Des Moines and have the legal authority to shoot Americans?

Of course, given the administration’s position on similar issues, perhaps we don’t want to know the answer.

Rule of Law

(Via Atrios):

Matthew Diaz served his country as a staff judge advocate at Guantánamo. He watched a shameless assault on America’s Constitution and commitment to the rule of law carried out by the Bush Administration. He watched the introduction of a system of cruel torture and abuse. He watched the shaming of the nation’s uniformed services, with their proud traditions that formed the very basis of the standards of humanitarian law, now torn asunder through the lawless acts of the Executive. Matthew Diaz found himself in a precarious position—as a uniformed officer, he was bound to follow his command. As a licensed and qualified attorney, he was bound to uphold the law. And these things were indubitably at odds.

* * *

One of the crimes the Administration committed was withholding from the Red Cross a list of the detainees at Guantánamo, effectively making them into secret detainees. Before the arrival of the Bush Administration, the United States had taken the axiomatic position that holding persons in secret detention for prolonged periods outside the rule of law (a practice known as “disappearing”) was not merely unlawful, but in fact a rarified “crime against humanity.” Now the United States was engaged in the active practice of this crime.

The decision to withhold the information had been taken, in defiance of law, by senior political figures in the Bush Administration. Diaz was aware of it, and he knew it was unlawful. He printed out a copy of the names and sent them to a civil rights lawyer who had requested them in federal court proceedings.

* * *

Diaz spent six months in prison and left it bankrupt and without a job. In addition to his sentence, the Pentagon is working aggressively to have Diaz stripped of his law license so he will not be able to practice his profession. The Bush Administration has sought to criminalize, humiliate and destroy Diaz. Its motivation could not be clearer: Diaz struck a blow for the rule of law. And nothing could be more threatening to the Bush Administration than this.

* * *

In the week in which Diaz received the Ridenhour Prize, another Pentagon “secret” was disclosed. This “secret” was a memorandum made to order for William J. Haynes II, Rumsfeld’s General Counsel, and the man at the apex of the Pentagon’s military justice system that tried, convicted and sentenced Diaz. The memo was authored by John Yoo. This memorandum was designed to authorize the introduction of torture and other cruel, inhuman and degrading interrogation techniques to be used upon prisoners held at Guantánamo, and ultimately also used in Afghanistan and Iraq. The memorandum authorized waterboarding, long-time standing, hypothermia, the administration of psychotropic drugs and sleep deprivation in excess of two days in addition to a number of other techniques. Each of these techniques is long established as torture as a matter of American and international law. The application and implementation of these techniques was and is a crime.

* * *

Following the implementation of these techniques, more than 108 detainees died in detention. In a large number of these cases, the deaths have been ruled a homicide and connected to torture. These homicides were a forseeable consequence of the advice that Haynes and Yoo gave.

The rest.

Um, since you brought it up

(Updates at bottom)

According to Olberman, Congressman Brad Sherman of California, a Clinton superdelegate, is quoted as saying “Her minister will not appear in McCain commercials.”

Perhaps not, but Hillary does have a questionable religious affiliation of her own — one which bothers me a lot more than Obama’s, to be honest:

Sean Hannity has called Obama’s church a “cult,” but that term applies far more aptly to Clinton’s “Family,” which is organized into “cells”–their term–and operates sex-segregated group homes for young people in northern Virginia. In 2002, Sharlet joined The Family’s home for young men, forswearing sex, drugs and alcohol, and participating in endless discussions of Jesus and power. He wasn’t undercover; he used his own name and admitted to being a writer. But he wasn’t completely out of danger either. When he went outdoors one night to make a cell phone call, he was followed. He still gets calls from Family associates asking him to meet them in diners–alone.

The Family’s most visible activity is its blandly innocuous National Prayer Breakfast, held every February in Washington. But almost all its real work goes on behind the scenes–knitting together international networks of right-wing leaders, most of them ostensibly Christian. In the 1940s, The Family reached out to former and not-so-former Nazis, and its fascination with that exemplary leader, Adolf Hitler, has continued, along with ties to a whole bestiary of murderous thugs. As Sharlet reported in Harper’s in 2003:

During the 1960s the Family forged relationships between the U.S. government and some of the most anti-Communist (and dictatorial) elements within Africa’s postcolonial leadership. The Brazilian dictator General Costa e Silva, with Family support, was overseeing regular fellowship groups for Latin American leaders, while, in Indonesia, General Suharto (whose tally of several hundred thousand “Communists” killed marks him as one of the century’s most murderous dictators) was presiding over a group of fifty Indonesian legislators. During the Reagan Administration the Family helped build friendships between the U.S. government and men such as Salvadoran general Carlos Eugenios Vides Casanova, convicted by a Florida jury of the torture of thousands, and Honduran general Gustavo Alvarez Martinez, himself an evangelical minister, who was linked to both the CIA and death squads before his own demise.

At the heart of The Family’s American branch is a collection of powerful right-wing politicos, who include, or have included, Sam Brownback, Ed Meese, John Ashcroft, James Inhofe and Rick Santorum. They get to use The Family’s spacious estate on the Potomac, The Cedars, which is maintained by young men in Family group homes and where meals are served by The Family’s young women’s group. And, at The Family’s frequent prayer gatherings, they get powerful jolts of spiritual refreshment, tailored to the already powerful.

Clinton fell in with The Family in 1993, when she joined a Bible study group composed of wives of conservative leaders like Jack Kemp and James Baker. When she ascended to the Senate, she was promoted to what Sharlet calls the Family’s “most elite cell,” the weekly Senate Prayer Breakfast, which included, until his downfall, Virginia’s notoriously racist Senator George Allen. This has not been a casual connection for Clinton. She has written of Doug Coe, The Family’s publicity-averse leader, that he is “a unique presence in Washington: a genuinely loving spiritual mentor and guide to anyone, regardless of party or faith, who wants to deepen his or her relationship with God.”

Furthermore, The Family takes credit for some of Clinton’s rightward legislative tendencies, including her support for a law guaranteeing “religious freedom” in the workplace, such as for pharmacists who refuse to fill birth control prescriptions and police officers who refuse to guard abortion clinics.

The rest.

… adding, my point was mainly that Hillary’s surrogates shouldn’t be reinforcing right wing talking points, because that sort of thing can really backfire on you. But as a friend notes this morning, Obama’s paid the Family an occasional visit as well. And Obama’s campaign released a photo recently showing that Bill Clinton attended a prayer breakfast with Jeremiah Wright. And on and on it goes …

Joe Biden Shocked to Hear He’s Been Breathing Oxygen All This Time

The Senate Foreign Relations Committee, chaired by Joseph Biden, had a hearing on Wednesday called “Iraq After the Surge: Political Prospects.” One of the witnesses was journalist Nir Rosen; you can read his prepared testimony here (pdf).

The best part of Rosen’s appearance is when he’s questioned by Biden. This exchange starts around 58:45 of C-Span’s coverage (realplayer):

BIDEN: Based on what you’ve said, there’s really no hope, is there? We should really get the hell out of there right now, right? There’s nothing to do.

ROSEN: As a journalist, I’m uncomfortable advising an imperialist power about how to be a more efficient imperialist power. I don’t think we’re there for the interests of the Iraqi people. I don’t that’s ever been a motivation.

However, I have mixed emotions on that issue. Many of my Sunni friends, beginning about a year ago, many of them who are opposed to the Americans, who supported attacking American troops in Iraq, began to grow really nervous at the idea of the Americans leaving Iraq because they knew they would be massacred. It could be Rwanda the day the Americans leave. The creation of these Sunni militias, the Awakening groups, militates against that kind of a massacre of civilians occurring because now there are actually Sunni safe zones…But I do believe that if Americans were to withdraw you’d seen an increase in violence at least temporarily, until some sort of equilibrium is reached—

BIDEN: But the good news is we wouldn’t be imperialist anymore in Iraq, from your perspective.

ROSEN: (smiling widely) Only elsewhere in the region.

BIDEN: Only elsewhere in the region. I’m sure glad we invited you, I tell you. [Bloviates for ninety seconds, then turns to other witnesses.] Gentlemen, to the non-imperialist side of the witness stand…

I think we can guess Rosen won’t be invited back anytime soon. After all, when the Senate Foreign Relations Committee meets, the last thing you want is for someone to start telling the truth about America’s foreign relations.

MORE UNFORTUNATE REALITY: This is from Rosen’s testimony:

Driving to the Amriya district in western Baghdad last month, my friend pointed to a gap in the concrete walls the American occupation forces have surrounded this Sunni bastion with. “We call it the Rafah Crossing,” he laughed, referring to the one gates to besieged Gaza that another occupying army occasionally allows open…Our car lined up behind dozens of others which had been registered with the local Iraqi army unit and were allowed to enter and exit the imprisoned neighborhood. It often took two or three hours to finally get past the American soldiers, Iraqi soldiers and the “Thuwar,” or revolutionaries, as the Sunni militia sanctioned by the Americans to patrol Amriya was called. When it was our turn we exited the vehicle for Iraqi soldiers to search it as an American soldier led his dog around the car to sniff it and I was patted down by one of the Sunni militiamen. Not knowing I was American, he reassured me. “Just let the dog and the dog that is with him finish with your car and you can go,” he laughed.