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Supreme Court sidesteps lawsuit claiming CIA torture

For a presidential administration overwhelmed by humiliating mistakes, the Khaled el-Masri debacle is one of the most mortifying. Masri, a German citizen of Lebanese descent, was taken into custody in 2003 in a case of mistaken identity — he just happens to have a name similar to a terrorist sought by American officials.

Actually, “taken into custody” is the wrong phrase. He was abducted in Macedonia, drugged, beaten, and then flown to Afghanistan, where he faced more abuse. Five months of detention and torture later, the CIA, realizing they took the wrong man, dumped him in Albania. During those five months, Masri’s wife had no idea what had happened to him.

With help from the ACLU, Masri filed a lawsuit against the Bush administration, and the complaint described his treatment as “constituting prolonged arbitrary detention, torture and other cruel, inhuman, or degrading treatment.”

The Bush administration insisted that the federal courts dismiss the case, not because of the merits, but because, administration lawyers argued, to even respond to the lawsuit would require divulging state secrets. Yesterday, the Supreme Court decided not to hear Masri’s case.

Kevin has more.

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108 Comments
jr's picture

rubber stamp Roberts is always there to bail out the cokehead in chief

Interpreter of Maladies's picture

Terrorists should take on names like John Smith so this hits a little closer to home. Utterly terrifying.

Albatross's picture

Shameful and appalling, like much of what America does these days.
We're going to need to spend generations to rebuild America's reputation after this.

Dood's picture

Bush wins - AGAIN! Like a thousand straight victories since December 2000! Nobody can stop him! All hail the GREATEST WINNER OF ALL TIME!

Radian's picture

Welcome to the USSA!

raymond's picture

Thomas couldn't interrupt his book tour.

This is frightening as hell. They can do whatever they want to whomever they want and no one is made to answer for their actions? That sounds like the complete definition of "above the law" to me. I thought no one was. I guess that was in the olden days. :(

Marc's picture

SHAME on the Bush Administration and their court!

Medford Tim's picture

Time to BAN "state secrets"

Medford Tim's picture

Interpreter of Maladies @ 2:

Terrorists should take on names like John Smith so this hits a little closer to home. Utterly terrifying.

Or....George Bush, Dick Cheney, Don Rumsfeld...

I like your thinking I of M

We know what happened to the man, so how would a trial "divulging state secrets"? The secret is already out there and no longer a secret. They just don't want to have to accept the responsibility for what they did.

BaScOmBe's picture

shame on America for being a passive audience to this.

congress and senate should be impeached for not fulfilling their oath of office.

So is this the justice Americans can expect? No justice at all.

BaScOmBe's picture

Medford Tim @ 9:

Interpreter of Maladies @ 2:

Terrorists should take on names like John Smith so this hits a little closer to home. Utterly terrifying.

Or....George Bush, Dick Cheney, Don Rumsfeld...

I like your thinking I of M

or petraeus or gates or boehner or tancredo or romney or giuliani....

Straight Shooter's picture

An absolute disgrace. Without justice, there is no hope for this country and its citizens. With this so-called "Supreme" Court, there is not even hope for a semblance of justice.

State secrets, yeah, right. Tell me another one.

jaafar's picture

The Supreme Court is certainly 'pro-choice' regarding the right to not hear bad news for Bush.

amgriffin's picture

Is this the democracy we are exporting?

jkb's picture

Since most of their recent rulings are based on tortured logic, they figured why jeopardize their own crimes of inhumane rulings.

BlueMD's picture

Where's Germany in this? If another state took one of our citizens and did that to him/her would the USA sit passively by and do nothing?

rain's picture

"shock and awe".

bill w's picture

Dood @ 4:

Bush wins - AGAIN! Like a thousand straight victories since December 2000! Nobody can stop him! All hail the GREATEST WINNER OF ALL TIME!

The Greatest Wiener of all Times.

What would Zeus do?'s picture

I could see the entire court coming down on the government's side (that's what the CONservative injustices do) but it's hard to believe that the four other justices would let something like this pass. I guess since he was a foreigner with an Arab sounding name they figured it wasn't worth the effort---so much for blind justice.

baylaw73's picture

Here's the big secret: The United States has become a rouge nation, out of control, brutal, and above any law. IMAGINE if any other country did this to a U.S. citizen. THIS is what is meant by "the world can't wait." And unless you or I can honestly say we've done everything we can to topple this immoral, corrupt, outlaw government, we're all complicit. I know I can't.

MN USA's picture

Can't the man tell his own story publicly? Then it boils down to the Supreme Court not wanting to hold this administration accountable. They appointed Bush, after all. That's why we were told Communism was dangerous - people could come in the night and make you disappear. Now our "democratic" government is doing the same thing. I can't imagine what that family has gone through. Some fine example of democracy we are showing the world.

fiver's picture

Thanks Steve,
I was hoping C&L would put up a full post on this (it was mentioned here in comments yesterday).

It's becoming more and more clear that the only check on this madman is impeachment. The Court was completely derelict in its responsibilities, and I'm sure history will judge it harshly.

If one or more of the four "liberals" on the Court refused to hear this case because of a "fear of losing," then he/she/they should stand right next to Nancy Pelosi on history's pedestal of shame.

You don't just fight the fights you know you can win, you fight the fights that need fighting. And, if state kidnapping and torture isn't worth fighting against, then I don't know what is.

Bonkers's picture

We're all Winston. You are next. You over there...maybe you are next. Maybe me.

Paul's picture

I will never forgive Bush and the neocons for making me ashamed to be an American. I am doubly ashamed of the Supreme Court, which was once upon a time the last hope for the weak and defenseless. Pity they've come to value the prerogatives of the powerful over the rights of the defenseless, property rights over human rights, tyranical rationalization over the rule of law and of human decency. This court lives under a cloud of shame that will last as long as recorded human memory lasts.

Khaled el-Masri needs to go to the International Criminal Court at the Hague and swear out a warrant against the Bush regime for the crimes that were visited upon his person at the order of the Bush regime. The US is not a signatory to it, but Europe is. If the Court issues indictments and international arrest warrants, at least Bush and crew will never again, as international fugitives from justice, know a day of peace or respect. Maybe a future president would allow these criminal to be extradited to face justice for their crimes. Not only should Khaled el-Masri do this, but every other person who has been wronged by these monsters and lived to tell of it.

willie's picture

what causes me to loose sleep at night is the fact that bush co. has a man appointed by them in charge and running the s.c. far into the future. justice should never be second to any adinistration of claims of national security.

patthemonkey's picture

There are other countries to take the issue to, and when the world courts start to judge what the United States is doing maybe the American people will start to do more than just shake their heads.

Jenny'O's picture

Can't Germany plead this to The World Court in The Hauge?

Jeb's picture

If I told you I would have to kill you.
Halt! Show me your papers!
Where have you been and where are you going?
I told you what to do now do it!
Sigh,
I want my country back.

Rush to War's picture

The only thing left for the Neo Nazist to do is line up all dissenter up and shoot us in the back, Thasnk the Supreme Court for taking our money for doing nothing, Kinda like working in a Toll booth.

Paul's picture

The majority of the Supreme Court ought to be included among the roles of those who have warrants sworn against them for war crimes and crimes against humanity, given that they have most often - per this current example - enabled and supported those crimes through their decisions or ommissions.

Helloworld's picture

Pathetic. A travesty. And you know... what's to say this hasn't happened to other people except they died of torture or are still sitting in a cell? Bush denies essential freedoms and rights. He's a tyrant.

Paul's picture

Jenny'O @ 29:

Can't Germany plead this to The World Court in The Hauge?

Yes they can. Also, as I understand it, Germany reserves for itself the right to indict and try war criminals from any conflict, whether or not the crimes effect their own citizens. I have heard that German prosecutors are building war crimes cases against Bush and key figures in the Bush regime. If I understand it correctly, the Germans do this as a way of repaying a part of their debt to humanity for the sins of prior generations.

Joementum's picture

To paraphrase from the Heart of Darkness:

The Courts, they dead.

Peace's picture

Anybody remember Sibel Edmonds? She knew all the dirty little secrets concerning 9/11 and was slapped with a "State's Secrets" too.

http://www.justacitizen.com/

This is a Supreme Court that overturns precedents so give it some time and when a Democrat becomes president, then try again and use the overturning of precedents as the reason for re-submitting for the Supremes to review.

cubiclegrrl's picture

pissed off patricia @ 10:

We know what happened to the man, so how would a trial "divulging state secrets"? The secret is already out there and no longer a secret. They just don't want to have to accept the responsibility for what they did.

More to the point: If the poor guy didn't have any useful information, exactly what "state secrets" could possibly be revealed? That our so-called "leaders" are a bunch of lawless thugs who make the Cosa Nostra look like a little old ladies' bridge party? No big news there.

But we'll see accountability right about the time we hear FOX Noise respond to this decision with the "Activist judges!" mantra. (Cue the crickets...)

PaulD's picture

This is one of the most embarrassing, most mortifying events in my lifetime. That the justices did not divulge how they voted on this matter makes it even worse.

Proud to be an American? No. Not while this crap is going on.

A Richard Head's picture

Does anyone blame the people of Iraq for resisting a Democracy. This is what they see. Our willingness to throw all principles out the window. A country void of morals or human decency. A nation of people who would destroy another nation of people because a madman says so. I would be resisting our influence day and night if I were them. They don't live in a vacuum over there and I'm sure they can get some news into Iraq about how fucked this country has become. I can only hope someone puts a stop to this madness soon enough, but what can be done? Anyone know how to end it?

Powkat's picture

I agree - impeachment and then turn these thugs over to the Hague for trial. In the sick tradition of 'we had to destroy the village to save it.' BushCo has destroyed America in the name of saving it. I want to live in my country again - this Homeland is a fascist prison.

Peace's picture

#26 Paul: Khaled el-Masri needs to go to the International Criminal Court at the Hague and swear out a warrant against the Bush regime for the crimes that were visited upon his person at the order of the Bush regime. The US is not a signatory to it, but Europe is.

One of the very first acts Bush did when becoming President was "pull-out" of the International Criminal Court. Don't you remember the 24/7 coverage of this shocking act from ABC, CBS, NBC, CNN etc.? Oh yeah, they didn't even mention it!

http://www.alternet.org/story/13055/

The Bush administration...formally renounced its obligations as a signatory to the 1998 Rome Statute to establish an International Criminal Court (ICC). Critics say the decision to "unsign" the treaty will further damage the United States' reputation and isolate it from its allies.

A simple three-sentence letter to U.N. Secretary-General Kofi Annan formally ended U.S. participation in an agreement to create the world's first permanent tribunal to prosecute war crimes, genocide, and other crimes against humanity. In the letter, Undersecretary of State for Arms Control and International Security, John Bolton, asserted that Washington "does not intend to become a party to the (Rome Statute of the ICC)" and that it "has no legal obligations arising from its signature (to the treaty) on December 31, 2000."

The ICC treaty -- which was signed by President Bill Clinton -- has been signed by almost 140 countries and ratified by 66 and takes formal effect July 1.

Bonkers's picture

cubiclegrrl @ 38:

pissed off patricia @ 10:

We know what happened to the man, so how would a trial "divulging state secrets"? The secret is already out there and no longer a secret. They just don't want to have to accept the responsibility for what they did.

More to the point: If the poor guy didn't have any useful information, exactly what "state secrets" could possibly be revealed? That our so-called "leaders" are a bunch of lawless thugs who make the Cosa Nostra look like a little old ladies' bridge party? No big news there.

But we'll see accountability right about the time we hear FOX Noise respond to this decision with the "Activist judges!" mantra. (Cue the crickets...)

Even more to the point is that this will now be the fall-back excuse used every time our criminal leaders don't want to have to explain themselves or just plain do whatever the f*ck they feel like doing to us, to the world, to our collective future.

Loonie's picture

See, this is the kind of shit likely to turn someone into a terrorist. Stupid administration, stupid judges.

EMPY's picture

Why does Kevin Drum say he was held for "weeks" when it was five months in the first line of his story?

hadenuf's picture

Where's Germany? With blood on its hands too:
In a parallel development, the German government announced last month that it would not press for the extradition of CIA operatives who participated in the abduction and detention of el-Masri.

A German criminal investigation into the case had led to warrants for the arrest of the officials. However, the Bush administration made clear that it would not grant any extradition request, and the German government has indicated that it has no interest in pursuing a case involving the torture of one of its own citizens.
http://www.wsws.org/articles/2007/oct2007/masr-o10.shtml

Zotz's picture

Every time I think I've reached the depths of shame over what our country is up to, the various people in charge do something worse. SCOTUSBlog says "there were no noted dissents from the denial order," so I guess that tells us something. And it's not very good.

Daniela's picture

So basically no one can sue the Bush Administration for anything. They'll be bringing up the "govt secrets" excuse 'til Bush leaves office. I'm sure the Republicans will seek to eliminate all these safeguards once a Democrat (quite possibly Hillary) is voted in. I'm disgusted!

Doggiebobo's picture

Coffins draped with flags @ 38:

This is a Supreme Court that overturns precedents so give it some time and when a Democrat becomes president, then try again and use the overturning of precedents as the reason for re-submitting for the Supremes to review.

The "make-up" of the S/C will NOT change when Dems take over, so fruitful to resubmit
for their consideration.

A Richard Head's picture

Has anyone noticed Pres. Carter's remarks on torture. He's catching hell for saying he's sure that the United States condones torture under BushCo.
http://www.cnn.com/2007/POLITICS/10/10/carter.torture/index.html

Why is it that the Democratic Presidents and vice-Presidents win Nobel Peace Prizes and the Republicans that have served in the same capacity just disappear into retirement. That should tell people of this country and the world everything they need to know about the ReTurd party.

hadenuf's picture

Long live Big Brother--and all his relations.

AbbeyHoffmansGhost's picture

It dawned on me while reading this: I remembered the intro to the old Superman TV show where it said that he fought for 'truth, justice, and the American Way. I think it would be appropriate to change it now to 'truth, justice, OR the American Way.

cubiclegrrl's picture

A Richard Head @ 51:

Has anyone noticed Pres. Carter's remarks on torture. He's catching hell for saying he's sure that the United States condones torture under BushCo.
http://www.cnn.com/2007/POLITICS/10/10/carter.torture/index.html

Why is it that the Democratic Presidents and vice-Presidents win Nobel Peace Prizes and the Republicans that have served in the same capacity just disappear into retirement. That should tell people of this country and the world everything they need to know about the ReTurd party.

To be fair, Kissinger had the gall to accept and keep his prize. Yet another b@$+@rd who has some 'splain' to do before the Hague--and whatever gods he may have the cowardice to embrace when he's rattling out his last breath.

getalife's picture

So much for liberty and justice for all.

Geez, if they did not break the law, why does w want immunity?:

http://www.dailykos.com/story/2007/10/10/142636/29

G.W.B.WAR CRIMINAL's picture

America has become such a fucking embarassment. If i had enough money i would leave tomorrow.

greg white's picture

such a fine example of de-mock-racy!

tell me, what is the difference anymore between the U.S. government and Nazi Germany?

hadenuf's picture

We are waaaaaay past the embarrassment phase.
Genocide and/or suicide comes to mind at this point.

Bob-in-Northern-Thailand's picture

If America doesn't hold trials after this bunch is out of office, then she has lost. Her constitution is in shreds, Her Rule of Law is torn asunder, Her People are abused having been bought out by the Corporate giants.
If the WH isn't wrested from the unjust who now hold it in this next election I think She will be too damaged to fix.
America needs to throw out the Fundamentalist and Corporate groups who are now strangling our government and picking the pockets of America clean.
If your NOT Scared for your government and your Countries future, you must be asleep.
WAKE UP, WRITE LETTERS, MAKE PHONE CALLS!.
It's your country, take it back.

Doggiebobo's picture

Peace @ 37:

Anybody remember Sibel Edmonds? She knew all the dirty little secrets concerning 9/11 and was slapped with a "State's Secrets" too.

http://www.justacitizen.com/

Thanks for the reminder. Yes, her story as to the FBI and it's failures prior to the 911
attack was "covered up" using the state secret provisions. As a translator within the
FBI, she had much information, and much of it was given under oath before various
Congessional Committees, however, the public/country/world has never been entitled
to learn exactly what inside info. she had as a whistle blower because of the imposition
of the "state secret". Another example of how the rule of law is being abused.

skinny bones's picture

Where do I sign up for the revolution? They've stolen my country and I want it back. I also want accountability and punishment for the crimes they've perpetrated in my name. I'm serious. Blogging and commiserating is some relief, but it's showtime. Time to muster up some courage and take to the streets.

GroanMan's picture

Medford Tim @ 9:

Time to BAN "state secrets"

Absolutely. How many people have they abducted on mistaken NEVER got out? I bet you there are plenty.............

ysbaddaden's picture

The Rule of Law is dead in this country.

I hope the petitioner tries to push his case into an international court.

Doggiebobo's picture

BTW, isn't it of great interest that the "state secret" provison was used a total of
SIX(6) time between 1953(when enacted) and 1976, and yet since 2001, it has been
used by the bush admin. THIRTY-NINE(39) times. If that isn't an indication of the
abuse of the "rule of law" then what is???? Shameful, disgusting and time for the
citizens of this country to speak out.

ysbaddaden's picture

baylaw73 @ 23:

Here's the big secret: The United States has become a rouge nation...

Well we have to look pretty don't we?

Tell me, smack smack, is my lipstick on straight (so to speak)?

Doggiebobo's picture

ysbaddaden @ 63:

The Rule of Law is dead in this country.

I hope the petitioner tries to push his case into an international court.

Unfortunately, but as "planned", bush-lite in early 2002 had the U.S. withdraw as a
representative of the World Court of the Hauge, so WE are no longer a member
and initiating any kind of actions in the international court is a waste of time.

drtoxic's picture

HULK get MAD!!

HULK SMASH COURT!!

Carmikl's picture

pissed off patricia @ 11:

We know what happened to the man, so how would a trial "divulging state secrets"? The secret is already out there and no longer a secret. They just don't want to have to accept the responsibility for what they did.

Just by saying that the case would divulge state secrets is pretty much an admission of guilt. But you are right. It's just like the torture issue, that keep trying to apply secrecy laws to things that are no longer secret.

They don't seem to mind making contradictory arguments like saying that they don't want to show Congress memos they say Congress has already seen.

Secrecy laws seen have replaced the 5th amendment for the Bush Administration as their defense against self incrimination.

Peace's picture

Breaking News: Obama Says He Will Vote for NAFTA Expansion

"Obama said he would vote for a Peruvian trade agreement next week, in response to a question from a man in Londonderry, NH who called NAFTA and CAFTA a disaster for American workers. He said he supported the trade agreement with Peru because it contained the labor and environmental standards sought by groups like the AFL-CIO, despite the voter's protests to the contrary. He also affirmed his support for free trade."

...The AFL-CIO does not support the bill expanding NAFTA into Peru, and the much-trumpeted labor/environmental standards leave enforcement up to the Bush administration, rather than empowering third parties to enforce them. Leaving enforcement to the Bush administration - or any administration - is the biggest loophole possible. It is precisely why corporate lobbyists have bragged to reporters that the standards are not enforceable.

Obama is the first presidential candidate to officially declare his/her support for the NAFTA expansion moving through the Congress. His announcement is not necessarily surprising, considering he was the keynote speaker at the launch of the Hamilton Project - a Wall Street front group working to drive a wedge between Democrats and organized labor on globalization issues. His announcement comes just days after a Wall Street Journal poll found strong bipartisan opposition to lobbyist-written NAFTA-style trade policies.

http://www.workingassetsblog.com/2007/10/breaking_obama_says_he_will_vo....

***And Democrats are different from Republicans how???

Peace's picture

skinny bones @ 61:

Where do I sign up for the revolution? They've stolen my country and I want it back. I also want accountability and punishment for the crimes they've perpetrated in my name. I'm serious. Blogging and commiserating is some relief, but it's showtime. Time to muster up some courage and take to the streets.

Here's what you need to do EVERY DAY.
(1) Call or write your senators and congressperson.
(2) Call or write one corporate advertiser who runs commercials during the news.
(3) Stop buying products/services from the offensive companies.
(4) Tell all your friends and relatives to do the same.

Carmikl's picture

A Richard Head @ 51:

Has anyone noticed Pres. Carter's remarks on torture. He's catching hell for saying he's sure that the United States condones torture under BushCo.
http://www.cnn.com/2007/POLITICS/10/10/carter.torture/index.html

Why is it that the Democratic Presidents and vice-Presidents win Nobel Peace Prizes and the Republicans that have served in the same capacity just disappear into retirement. That should tell people of this country and the world everything they need to know about the ReTurd party.

Does anyone really know what Bush's current definition of torture is? It always has been a moving target sometimes changing daily. My best guess is that torture is whatever they don't happen to be doing at the time.

Jack Damage's picture

Chickenshits!!!!! Bush's supreme court manipulations continues to bare fruit.... And the American system of jurisprudence degrades just a little more.. In the end, I don't think any world tribunal will actually give a damn what John Roberts Supreme Kangaroo court thinks is legal or justifiable. So all you old farts enjoy your black robes and all the defference paid to you, because when the shit really hits the fan... When it comes time to pay the piper for these last seven years of bullshit and misery? YOU assholes will be held to account for your actions as well............JD

ysbaddaden's picture

Jack Damage @ 72:

Chickenshits!!!!! Bush's supreme court manipulations continues to bare fruit

So wouldn't that be Mark Foley, Jeff Gannon and Larry Craig?

Karen's picture

How the fuck did this happen?

Just a little tidbit on Supreme Court procedure: It only takes FOUR judges to agree to hear a case. As long as four of them want it, the case gets heard, and must be decided by all nine.

So, of Stevens, Ginsburg, Souter and Breyer, which one(s) said no?

Jack Damage's picture

YS;

All three... but they're just the 'tip'-o-that iceberg buddy...

I think the term closeted homosexual was probably invented to account for people like them.......Self-hating, self-serving hypocrites and idiots one and all...............JD

Doggiebobo's picture

Jack Damage @ 72:

Chickenshits!!!!! Bush's supreme court manipulations continues to bare fruit.... And the American system of jurisprudence degrades just a little more.. In the end, I don't think any world tribunal will actually give a damn what John Roberts Supreme Kangaroo court thinks is legal or justifiable. So all you old farts enjoy your black robes and all the defference paid to you, because when the shit really hits the fan... When it comes time to pay the piper for these last seven years of bullshit and misery? YOU assholes will be held to account for your actions as well............JD

Wish it were so, but those "old farts in black robes" are appointed for life-time and most
will serve until their death beds, so the likelihood of them being held "accountable" is slim
at best.

Doggiebobo's picture

ysbaddaden @ 73:

Jack Damage @ 72:

Chickenshits!!!!! Bush's supreme court manipulations continues to bare fruit

So wouldn't that be Mark Foley, Jeff Gannon and Larry Craig?

Thanks....I needed a chuckle/laugh after this piss poor day...

Carmikl's picture

baylaw73 @ 23:

Here's the big secret: The United States has become a rogue nation, out of control, brutal, and above any law. IMAGINE if any other country did this to a U.S. citizen.

We're scaring a lot of people. I doubt that Russia would be resuming some of their cold war activities if not to warn us off a bit. Russia and China weren't holding war games because they thought it would be fun.

Jack Damage's picture

Doggiebobo;

Maybe you're right... We'll see... Under normal conditions I'd say your are absolutely correct... These are not normal times in any real sense of that word... I believe these are times unlike any we who are alive today have ever gone thru in this nation... This is even stranger than what was happening in the U.S. during WWII, and there was definitely some hinky stuff our government did then too. However, I think, IF accountability for all this is ever to occur, I submit it won't just be the executive branch of the Bush administration who will feel that heat... The tricky bit is that part 'IF' they are ever held responsible for this shit... And I don't know that for sure any more than the next smuck.. BUT.. IF so, if we're going to hold anyone accountable, we are going to have to hold 'all' who bare responsibility accountable for their part in this.. And that includes those judges now greasing the wheels for the continuation of all the dreck in all our names we see happening daily...JD

Dahgrostab'ph-r-i's picture

That's what you get when Republicans are in charge! shameful!

I will continue to say Republicans are the enemy of America, I should add that Republicans are also the enemy of Humanity. But the lemmings will continue to follow their leaders no matter what nightmare is awaiting them.

Doggiebobo's picture

Carmikl @ 78:

baylaw73 @ 23:

Here's the big secret: The United States has become a rogue nation, out of control, brutal, and above any law. IMAGINE if any other country did this to a U.S. citizen.

We're scaring a lot of people. I doubt that Russia would be resuming some of their cold war activities if not to warn us off a bit. Russia and China weren't holding war games because they thought it would be fun.

War games held by China and Russia are just an annual event; similiar to when those
clowns in Congress take off for a month long vacations(or longer) in August of each year.

Medical Diagnosis by Video's picture

They SUCK. We are a nation of outlaws, led by the men in black.

mrsisk's picture

This is infuriating. I mean, we all know Bush & Co. will do and is doing anything they like, but to have their abuses essentially blessed by the highest court in the land without even allowing the case to come before them...and to do so WITH NO COMMENT?!

Carmikl's picture

Universal Declaration of Human Rights

http://www.un.org/Overview/rights.html

I wonder if they've posted this anywhere at Guantanamo?

Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Carmikl's picture

Doggiebobo @ 81:

Carmikl @ 78:

baylaw73 @ 23:

Here's the big secret: The United States has become a rogue nation, out of control, brutal, and above any law. IMAGINE if any other country did this to a U.S. citizen.

We're scaring a lot of people. I doubt that Russia would be resuming some of their cold war activities if not to warn us off a bit. Russia and China weren't holding war games because they thought it would be fun.

War games held by China and Russia are just an annual event; similiar to when those
clowns in Congress take off for a month long vacations(or longer) in August of each year.

It's just a coincidence that this annual event started in 2005 after George Bush's re-election.

ysbaddaden's picture

Medical Diagnosis by Video @ 82:

They SUCK. We are a nation of outlaws, led by the men in black.

http://www.youtube.com/watch?v=ZCqpPj87ekE

Rush to War's picture

Abu garab was most certainly used as a place to steal body parts from prisoners, just like what is being done right here in are own country.

Dr. Know's picture

I've been watching this for a while. It is an outrage.
Many important, timely issues have been deflected in the name of rank partisanship.
An utterly lethargic, kowtowing lot of robed charlatans who should be ashamed, and disrobed. May the Germans (!) not be so accomodating as we are towards this conduct. The USA is truly the world's sterling example of moral, ethical, and humane behaviour...

Paul's picture

Peace @ 43:

#26 Paul: Khaled el-Masri needs to go to the International Criminal Court at the Hague and swear out a warrant against the Bush regime for the crimes that were visited upon his person at the order of the Bush regime. The US is not a signatory to it, but Europe is.

One of the very first acts Bush did when becoming President was "pull-out" of the International Criminal Court. Don't you remember the 24/7 coverage of this shocking act from ABC, CBS, NBC, CNN etc.? Oh yeah, they didn't even mention it!

http://www.alternet.org/story/13055/

The Bush administration...formally renounced its obligations as a signatory to the 1998 Rome Statute to establish an International Criminal Court (ICC). Critics say the decision to "unsign" the treaty will further damage the United States' reputation and isolate it from its allies.

A simple three-sentence letter to U.N. Secretary-General Kofi Annan formally ended U.S. participation in an agreement to create the world's first permanent tribunal to prosecute war crimes, genocide, and other crimes against humanity. In the letter, Undersecretary of State for Arms Control and International Security, John Bolton, asserted that Washington "does not intend to become a party to the (Rome Statute of the ICC)" and that it "has no legal obligations arising from its signature (to the treaty) on December 31, 2000."

The ICC treaty -- which was signed by President Bill Clinton -- has been signed by almost 140 countries and ratified by 66 and takes formal effect July 1.

Peace,

Yup. And that tells me rather conclusively that the neocons had plans to wage wars of aggression before Bush took the oath of office. Which is really strange, because I don't think the rest of the world is willing to recognize any nation's claim of imunity from prosecution or accountibility just because that nation lays claim to be exempt from international law or standards.

Krackonis's picture

These type of events is what America has become. Fascism in a flag.

Paul's picture

ysbaddaden @ 65:

baylaw73 @ 23:

Here's the big secret: The United States has become a rouge nation...

Well we have to look pretty don't we?

Tell me, smack smack, is my lipstick on straight (so to speak)?

ysbaddaden ,

Go easy on the poor guy's spelling errors. He probably has lexdysia...

Krackonis's picture

amgriffin @ 17:

Is this the democracy we are exporting?

I would call it murder of the middle class and imperial attack on the world.

That is what I call it.

We can sum it up to Warcrimes. Crimes against Humanity and other things worth actually hanging people for.

And we will hang these fuckers. Sorry, you Americans won't do it, so I guess it will be up the "Allies" to fight the "Axis" and kick your torturous ass back to the white house lawn.

Krackonis's picture

baylaw73 @ 23:

Here's the big secret: The United States has become a rouge nation, out of control, brutal, and above any law. IMAGINE if any other country did this to a U.S. citizen. THIS is what is meant by "the world can't wait." And unless you or I can honestly say we've done everything we can to topple this immoral, corrupt, outlaw government, we're all complicit. I know I can't.

I agree. People in my country are sickened to the point of pure repulsion. Recently we started as "Americans are just misguided" too "Their Occupation is Illegal" to "The American Forces are invading" to "Freedom fighting to protect your home against these Nazi's is legal" and of course "American Soldiers are complicit in the actions of their government"

And with that, the same goes for your media, your corporation and the individuals who can stop this, but are doing nothing.

Sorry.. Your sleeping with the devil.

MN USA's picture

Paul @ 35:

Jenny'O @ 29:

Can't Germany plead this to The World Court in The Hauge?

Yes they can. Also, as I understand it, Germany reserves for itself the right to indict and try war criminals from any conflict, whether or not the crimes effect their own citizens. I have heard that German prosecutors are building war crimes cases against Bush and key figures in the Bush regime. If I understand it correctly, the Germans do this as a way of repaying a part of their debt to humanity for the sins of prior generations.

Where can people find out more about this?

Space_Poet's picture

Interpreter of Maladies @ 2:

Terrorists should take on names like John Smith so this hits a little closer to home. Utterly terrifying.

Wow, that was a very stupid thing to say. I know it seems like that is a good way in your mind but innocent and real life, murdering terrorist is not the same thing, even with the name John Smith.

Either way, I do not advocate torture as a way to further any conflict, and this is the most despicable and disgusting thing I've seen this week...

Fuck this bull shit!
/God, I love forums where I can say that, sorry children

GetReal's picture

Congress may not choose to impeach.

We the People, working with our state attorney generals, can prosecute this sitting President. Congress is not relevent.

Let's make the rule of law relevant. Prosecute this sitting President for war crimes.

That's not a state secret. It's the law.

GetReal's picture

Clarification: I'm saying Congress "may or may not" impeach; but that hs no relevant -- prosecution of a sitting President remains on the table. GetReal @ 96:

Congress may not choose to impeach.

We the People, working with our state attorney generals, can prosecute this sitting President. Congress is not relevent.

Let's make the rule of law relevant. Prosecute this sitting President for war crimes.

That's not a state secret. It's the law.

Kald's picture

How many Khaled el-Masri's do you think CIA liquidated and buried in an unmarked grave, rather than taking the chance of having a live witness to their methods?

Retired Navy's picture

MN USA @ 94:

Paul @ 35:

Jenny'O @ 29:

Can't Germany plead this to The World Court in The Hauge?

Yes they can. Also, as I understand it, Germany reserves for itself the right to indict and try war criminals from any conflict, whether or not the crimes effect their own citizens. I have heard that German prosecutors are building war crimes cases against Bush and key figures in the Bush regime. If I understand it correctly, the Germans do this as a way of repaying a part of their debt to humanity for the sins of prior generations.

Where can people find out more about this?

This is quoted from the ICJ website:

quote

Jurisdiction
The International Court of Justice acts as a world court. The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction).

Contentious Jurisdiction
In the exercise of its jurisdiction in contentious cases, the International Court of Justice has to decide, in accordance with international law, disputes of a legal nature that are submitted to it by States. An international legal dispute can be defined as a disagreement on a question of law or fact, a conflict, a clash of legal views or of interests.

Only States may apply to and appear before the International Court of Justice. International organizations, other collectivities and private persons are not entitled to institute proceedings before the Court.

Article 35 of the Statute defines the conditions of access for States to the Court. While paragraph 1 of that Article opens it to the State parties to the Statute, paragraph 2 is intended to regulate access to the Court by States which are not parties to the Statute. The conditions of access of such States are, subject to the special provisions contained in treaties in force at the date of the entry into force of the Statute, to be determined by the Security Council, with the proviso that in no case shall such conditions place the parties in a position of inequality before the Court.

The Court can only deal with a dispute when the States concerned have recognized its jurisdiction. No State can therefore be a party to proceedings before the Court unless it has in some manner or other consented thereto.

unquote

The problem here is that the U.S. is not a compulsory member. Isn't that a surprise? The contempt that the U.S. government holds for the rest of the world is made entirely obvious by this fact.

ICJ website:

Even if the ICJ were able to bring Bush and all the rest of the criminals to court, they would need the support of pretty much every other government on the planet. Since most developed countries aren't any different than the U.S. where corporations are where the real power lies, you can expect them not to support the ICJ.

The only chance that anything can be done is by the people of the U.S. forcing our government to do what we elected them to do. The U.S. Constitution requires us to act; not our government on our behalf.

Retired Navy's picture

MN USA @ 94:

Paul @ 35:

Jenny'O @ 29:

Can't Germany plead this to The World Court in The Hauge?

Yes they can. Also, as I understand it, Germany reserves for itself the right to indict and try war criminals from any conflict, whether or not the crimes effect their own citizens. I have heard that German prosecutors are building war crimes cases against Bush and key figures in the Bush regime. If I understand it correctly, the Germans do this as a way of repaying a part of their debt to humanity for the sins of prior generations.

Where can people find out more about this?

Unfortunately, the U.S. is not a compulsory member of the ICJ. Imagine that! Gee, wouldn't that make it appear that the U.S. government holds the rest of the world in contempt?

The U.S. Constitution belongs to us, not just to our government. If something is going to be done then we will have to take whatever steps are necessary. So far we have performed miserably. We are just waiting for the problem to go away rather than do something about it. I realize that is bold talk and that it would take a true leader to step up to lead a fight to set things straight. That surely isn't me and I don't know anyone who has the money or charisma to carry off such an incredible undertaking! But it does need to happen. Our government and election system is out of control.

Retired Navy's picture

Sorry for the double post, I thought the first time around it was canned. Moderation took a bit longer than I thought because I am such an impatient person.

dadams's picture

another example of the fucking abuse by bush.
he is the lowest of scum. total embarrassment to America.
we can only hope the world court abducts him when his term is over and puts he
on trial for all his crimes against humanity and world law.

Shared Humanity's picture

I have said this over and over again and I am certain that it becomes tiresome for anyone who reads it. As American citizens we are complicit in the crimes committed by our government.

An illegal war

One million dead Iraqis

Torturing and murdering detainees

Being a "Good German" is not a defense.

WE ARE A NATION OF WAR CRIMINALS

Otay's picture

Simply. Amazing.

[...] Supreme Court sidesteps lawsuit claiming CIA torture For a presidential administration overwhelmed by humiliating mistakes, the Khaled el-Masri debacle is one of the most mortifying. Masri, a German citizen of Lebanese descent, was taken into custody in 2003 in a case of mistaken identity — he just happens to have a name similar to a terrorist sought by American officials. Actually, “taken into custody” is the wrong phrase. He was abducted in Macedonia, drugged, beaten, and then flown to Afghanistan, where he faced more abuse. Five months [...]

[...] [...]

Paul's picture

Retired Navy @ 101:

Sorry for the double post, I thought the first time around it was canned. Moderation took a bit longer than I thought because I am such an impatient person.

Navy,
Good points you made.

c.pav's picture

Sorry, Mr. Buttle!

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