AG REPORT Tapped
Spencer Ackerman has an article out on recently released documents that give us the military's lawyer's view of U.S. interrogation policy:

The JAGs were commenting on the report of a Pentagon working group, convened in January 2003, to review interrogation policy changes. But a common theme in their memos is the concern that the legal rationales employed by the working group were imported wholesale from the Justice Department's Office of Legal Counsel (OLC)--whose writing on the question of torture was memorably described by Yale Law School Dean Harold Koh as "perhaps the most clearly legally erroneous opinion I have ever read." (What the Justice Department lawyers actually gave to the Defense Department remains, inexplicably, classified, despite months of congressional demands.)

Major General Thomas Romig, the Army JAG, essentially concurred. He denounced OLC's central contention--that any law restricting the president's ability to wage war is unconstitutional--writing caustically: "I question whether this theory would ultimately prevail in either the U.S. courts or in any international forum. ... This view runs contrary to the historic position taken by the United States Government concerning such laws and, in our opinion, could adversely impact DOD interests worldwide."

Brigadier General Kevin Sandkuhler, the Marine JAG, was more specific about how adopting OLC's argument would harm the military:

Spencer Ackerman has an article out on recently released documents that give us the military's lawyer's view of U.S. interrogation policy:

The JAGs were commenting on the report of a Pentagon working group, convened in January 2003, to review interrogation policy changes. But a common theme in their memos is the concern that the legal rationales employed by the working group were imported wholesale from the Justice Department's Office of Legal Counsel (OLC)--whose writing on the question of torture was memorably described by Yale Law School Dean Harold Koh as "perhaps the most clearly legally erroneous opinion I have ever read." (What the Justice Department lawyers actually gave to the Defense Department remains, inexplicably, classified, despite months of congressional demands.)

Major General Thomas Romig, the Army JAG, essentially concurred. He denounced OLC's central contention--that any law restricting the president's ability to wage war is unconstitutional--writing caustically: "I question whether this theory would ultimately prevail in either the U.S. courts or in any international forum. ... This view runs contrary to the historic position taken by the United States Government concerning such laws and, in our opinion, could adversely impact DOD interests worldwide."

Brigadier General Kevin Sandkuhler, the Marine JAG, was more specific about how adopting OLC's argument would harm the military: "Comprehensive protection is lacking for DOD personnel who may be tried by other nations and/or international bodies for violations of international law."

"U.S. Armed Forces are continuously trained to take the legal and moral 'high road' in the conduct of our military operations regardless of how others may operate," wrote the Air Force's deputy JAG, Major General Jack Rives. "Approving exceptional interrogation techniques may be seen as giving official approval and legal sanction to the application of interrogation techniques that U.S. Armed Forces have heretofore been trained are unlawful." Sandkuhler starkly warned about a breakdown in uniformed "pride, discipline and self-respect."

You can see the memos themselves here and Marty Lederman has further commentary on the subject.

Th "Comprehensive protection is lacking for DOD personnel who may be tried by other nations and/or international bodies for violations of international law."

"U.S. Armed Forces are continuously trained to take the legal and moral 'high road' in the conduct of our military operations regardless of how others may operate," wrote the Air Force's deputy JAG, Major General Jack Rives. "Approving exceptional interrogation techniques may be seen as giving official approval and legal sanction to the application of interrogation techniques that U.S. Armed Forces have heretofore been trained are unlawful." Sandkuhler starkly warned about a breakdown in uniformed "pride, discipline and self-respect."

You can see the memos themselves here and Marty Lederman has further commentary on the subject.

Th. They are written by JAGs from the Air Force, Navy, Army and Marines. As Senator Graham put it on Monday, these folks "are not from the ACLU. These are not from people who are soft on terrorism, who want to coddle foreign terrorists. These are all professional military lawyers who have dedicated their lives, with 20-plus year careers, to serving the men and women in uniform and protecting their Nation. They were giving a warning shot across the bow of the policymakers that there are certain corners you cannot afford to cut because you will wind up meeting yourself."

It is fair to say that these accounts reflected sustained, uniform and passionate opposition to the OLC legal theories that were being foisted upon the military. Indeed, the tone of the memos is one of barely concealed incredulity, and outrage--disbelief--that a young legal academic from DOJ could sweep right in and so quickly overturn decades of carefully wrought military policy, using legal analysis that almost certainly would not withstand scrutiny outside the Administration and around the world. ...

Department of "Huh?" Brad DeLong
The U.S. government doesn't already offer protection to foreign diplomats in Iraq? Why not?
WSJ.com - U.S. May Offer Protection To Foreign Diplomats in Iraqe memos are extraordinary. They are written by JAGs from the Air Force, Navy, Army and Marines. As Senator Graham put it on Monday, these folks "are not from the ACLU. These are not from people who are soft on terrorism, who want to coddle foreign terrorists. These are all professional military lawyers who have dedicated their lives, with 20-plus year careers, to serving the men and women in uniform and protecting their Nation. They were giving a warning shot across the bow of the policymakers that there are certain corners you cannot afford to cut because you will wind up meeting yourself."

It is fair to say that these accounts reflected sustained, uniform and passionate opposition to the OLC legal theories that were being foisted upon the military. Indeed, the tone of the memos is one of barely concealed incredulity, and outrage--disbelief--that a young legal academic from DOJ could sweep right in and so quickly overturn decades of carefully wrought military policy, using legal analysis that almost certainly would not withstand scrutiny outside the Administration and around the world. ...

Wingnut Watch

This is what passes for commentary on some wingnut blogs...

Support the Fallujah Marine

The Marine who killed the wounded insurgent in Fallujah deserves our praise and admiration. In a split second decision, he acted valiantly.

On the otherhand, the traitor, Kevin Sites of NBC News deserves our scorn. Sorry hippie, terrorists don't deserve the benefit of the doubt. Terrorists don't deserve the benefit of the doubt. This Marine deserves a medal and Kevin Sites, you deserve a punch in the mouth.
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Kevin Sites speaks out!

The journalist who took the video footage of the marine shooting!

"Aside from breathing, I did not observe any movement at all."

Kevin Sites Please read the full text.

This is only an excerpt.

I see an old man in a red kaffiyeh lying against the back wall. Another is face down next to him, his hand on the old man's lap -- as if he were trying to take cover. I squat beside them, inches away and begin to videotape them. Then I notice that the blood coming from the old man's nose is bubbling. A sign he is still breathing. So is the man next to him.

While I continue to tape, a Marine walks up to the other two bodies about fifteen feet away, but also lying against the same back wall.

Then I hear him say this about one of the men:

"He's fucking faking he's dead -- he's faking he's fucking dead."

Through my viewfinder I can see him raise the muzzle of his rifle in the direction of the wounded Iraqi. There are no sudden movements, no reaching or lunging. However, the Marine could legitimately believe the man poses some kind of danger. Maybe he's going to cover him while another Marine searches for weapons.

Instead, he pulls the trigger. There is a small splatter against the back wall and the man's leg slumps down.

"Well he's dead now," says another Marine in the background.

I am still rolling. I feel the deep pit of my stomach. The Marine then abruptly turns away and strides away, right past the fifth wounded insurgent lying next to a column. He is very much alive and peering from his blanket. He is moving, even trying to talk. But for some reason, it seems he did not pose the same apparent "danger" as the other man -- though he may have been more capable of hiding a weapon or explosive beneath his blanket....

But then two other marines in the room raise their weapons as the man tries to talk. For a moment, I'm paralyzed still taping with the old man in the foreground. I get up after a beat and tell the Marines again, what I had told the lieutenant -- that this man -- all of these wounded men -- were the same ones from yesterday. That they had been disarmed treated and left here...

At that point the Marine who fired the shot became aware that I was in the room. He came up to me and said, "I didn't know sir-I didn't know." The anger that seemed present just moments before turned to fear and dread.

In the particular circumstance I was reporting, it bothered me that the Marine didn't seem to consider the other insurgents a threat -- the one very obviously moving under the blanket, or even the two next to me that were still breathing.

I can't know what was in the mind of that Marine. He is the only one who does.

But observing all of this as an experienced war reporter who always bore in mind the dark perils of this conflict, even knowing the possibilities of mitigating circumstances -- it appeared to me very plainly that something was not right. According to Lt. Col Bob Miller, the rules of engagement in Falluja required soldiers or Marines to determine hostile intent before using deadly force. I was not watching from a hundred feet away. I was in the same room. Aside from breathing, I did not observe any movement at all.

U.S. investigating Marine for killing a wounded Iraqi!

Video

A U.S. marine shot a wounded Iraqi in the head at close range, and is now under investigation for his actions. The man was among a group of wounded men found inside a Fallujua Mosque. The soldier was then told that the man had been there the day before and the soldier said that he did not know that.

We believe the wounded man in the foreground was not shot and CNN did not release the full video because of it's graphic nature.

Yes, they were lying about al Qaqaa

Just three days too late for it to do any good, the Los Angeles Times breaks the definitive story on al Qaeda. Not only did the theft of the high explosive go on after the invasion, the looting went on while we had troops at the site. There were just too many looters, and too few troops. They asked for backup but didn't get any.

Of course there's no way this information wasn't available to the Defense Department, and the White House, three weeks ago. The story isn't just based on soldiers in the field. Mark Mazzetti reports:

"That site was just abandoned by the 101st Airborne, and there was never a physical handoff by the 101st to the Marines. They just left," said a senior officer who worked in the top Marine command post in Iraq at the time. "We knew these sites were being looted, but there was nothing we could do about it."

No, the White House and the DoD civilians covered it up, telling various lies on the way (which their journalistic and blogospheric allies duly relayed to the public) just long enough to get the Beloved Leader past the election. And now they expect, almost certainly correctly, that everyone will now treat it as old news. The warbloggers will ignore it if they can't figure out some cockamamie way to convince themselves they've discredited it, while patting themselves on the back about how much more responsible and fair-minded they are than the mainstream media.

In the end, this one cover-up almost certainly didn't make the difference. But of course this wasn't the only cover-up. The cover-up of how Ken Lay and his friends got to write Administration energy policy worked. The Valerie Plame cover-up worked. And the result was that the Administration went back before the voters looking much cleaner and much more competent than it was or is.

Just remember, if their lips are moving, they're lying.

GOPnot4me: McCainocrats? Surely, not!

Threat Level: McCain - I'd secretly spy on Americans, too.

The Public Record: When Dick Cheney was CEO of Halliburton in the 1990s, he spoke out against the sanctions against Iran - the same Iran he's now rattling the saber toward for their terrorist ties.

Attytood: An Iraqi in America wonders whose war is it, anyway?

HOLY CRAP: US apologizes for proselytizing by Marine in Iraq, but they're really not sorry...You can leave the UCC - but the UCC may not leave you...The Antichrist is gay, "partially Jewish, as was Hitler"...Conservative lawyer Douglas Kmiec denied communion because of Obama endorsement...Blacks, Jews & Obama...Bobby Jindal: Exorcist Vice-President?...More anti-Semitism from the religious right.

Topeka Capital Journal: (h/t J & BillW)

A federal judge in Maryland on Thursday ordered liens on the Westboro Baptist Church building and the Phelps-Chartered Law office.

If the case presided over by U.S. District Court Judge Richard D. Bennett is upheld by an appeals court, the church, at 3701 S.W. 12th, and the office building, at 1414 S.W. Topeka Blvd., could be obtained by the court and sold, with the proceeds being applied toward $5 million in damages Bennett imposed on church members for picketing a military funeral.

The $5 million penalty is the result of a lawsuit filed against three of the church's principals by Albert Snyder, the father of Marine Lance Cpl. Matthew A. Snyder, whose funeral was picketed by church members. Read on...

It's too early to know how this will be resolved, but I'm hoping the appeals court upholds the ruling and the family of the fallen soldier prevails. These vile people drag their kids along to picket soldier's funerals and spread hatred around the country. For a good laugh check out this brave dude who Rick Roll'd the Phelps clan as they attempted to get their hate on.

I blogged about the Bush administration trying to exempt the Navy from environmental protection laws to allow them to use sonar off the coast of California, which studies have shown is extremely dangerous to whales and other marine life. But happily, the Ninth Circuit Court (from my hometown of San Francisco) has pushed back against the Bush administration and has told them they actually have to care about living things besides their cronies.

SF Chronicle:

A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush's attempt to exempt the exercises from environmental laws.

In a Friday night ruling rushed into print ahead of the next scheduled exercise on Monday, the Ninth U.S. Circuit Court of Appeals in San Francisco upheld a federal judge's decision that no emergency existed that would justify Bush's intervention.

The Navy is engaged in "long-planned, routine training exercises" and has had ample time to take the steps that the law requires - conduct a thorough review of the environmental consequences and propose effective measures to minimize the harm to whales and other marine mammals, the three-judge panel said.

The court noted that the Navy has been conducting similar exercises for years, has agreed in the past to restrictions like the ones it is now challenging, and was sued by environmental groups in the current case nearly a year ago. The lower-court judge reviewed the evidence and found nothing to support the Navy's claim that the protective measures would interfere with vital training or hamper national security, the court said.

Sensen No Sen: It's startling to realize that only a small minority in the Senate are working to form survellance laws within the framework of the Constitution.

Beggars Can Be Choosers: Wikipedia continues to sanitize its Bush content.

Evolution of Security: The TSA's blog. Got a comment on how they've been keeping us safe by confiscating cigar cutters and bottled water...and searching Al Gore's carry-on? Or a heartwarming anecdote to share? Now's your chance.

Daily Kos: Former Marine and Naval officer, Montel Williams, lectured the stunned hosts of Fox and Friends on the stupidity of spending hours on the death of Heath Ledger, rather than covering the war in Iraq. A few days later, Fox stations chose not to renew his show.

The Black Commentator: Larry Pinkney thinks Barack Obama is "bamboozling America." (h/t Make Them Accountable)

OFF THE BEATEN PATH: The Root, Watching America, Lez Bang!, propaganda critic, redblueamerica

Cliff Schecter:

President Bush exempted the Navy from an environmental law so it can continue using sonar in its anti-submarine warfare training off the California coast -- a practice critics say is harmful to whales and other marine mammals.

The White House announced Wednesday that Bush had signed the exemption Tuesday while traveling in the Middle East. (snip)

"The president's action is an attack on the rule of law," said Joel Reynolds, director of the Marine Mammal Protection Project at the Natural Resources Defense Council. "By exempting the Navy from basic safeguards under both federal and state law, the president is flouting the will of Congress, the decision of the California Coastal Commission and a ruling by the federal court."

This is not some little thing...sonar used so close to their migration paths disorients the whales (and other marine life) and causes them to beach themselves. A study in 2000 found that incidences of bleeding in the ear and around the brain of marine life from mid-frequency sonars as the Navy uses.