Obama and Crimes Against Humanity

by Ken Blackwell - Editor’s Note: Mr. Blackwell served as the U.S. Ambassador to the United Nations Human Rights Commission from 1991 - 1993.

This is a tale of two worldviews. It begins not unlike the opening paragraph of Dickens’ immortal work, A Tale of Two Cities. Schoolchildren once memorized these famous opening lines, back when schoolchildren memorized anything.

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair…

President Obama at his Hundred Day White House séance proclaimed waterboarding to be torture. His was a clear, unambiguous, declarative statement. In making that statement, he opened up former President Bush and former Vice President Cheney to criminal prosecutions, here and before an international criminal court. And not just these men, but possibly hundreds of others, including members of Congress from his own party.

Cliff May, of the Foundation for the Defense of Democracies, takes a different approach to the question of whether waterboarding is torture or not. May was badgered by The Daily Show’s Jon Stewart. May’s answer is not as yes/no, as on/off as President Obama’s. May said it depends. May’s answer was more nuanced. Liberals used to like nuance, but that was when John Kerry was nuancing. Here’s how it went:

Jon Stewart: But answer my question: Is waterboarding torture? Yes or no?
Cliff May: Defining torture is not easy. A simple legal definition is that it “shocks the conscience.” Cutting off Daniel Pearl’s head on videotape — that shocks my conscience. Sending a child out as a suicide bomber — that shocks my conscience. People jumping off the World Trade Towers because they’d rather die that way than by burning — that shocks my conscience. Khalid Sheikh Mohammed, mastermind of the 9/11 atrocities, gagging for a few minutes and, as a result, providing information that saves lives, then going back to his cell for dinner and a movie — no, my conscience is not shocked by that.

Are our consciences shocked by subjecting KSM to waterboarding? Apparently, this  enhanced interrogation technique didn’t shock the consciences of members of Congress who were briefed on its planned use. Some of us need to re-play those tapes of cell phone calls by people trapped in the World Trade Towers.

The question keeps coming back to whether we extend all the rights of American citizens to captured terrorists. And the question also comes back to whether the terrorists are to be accorded all the protections of the Geneva Conventions.

Increasingly, our courts are saying terrorists are to be given constitutional protections, here, in Afghanistan, and at Gitmo. Geneva is another matter. This treaty binds nations to humane treatment of prisoners of war. In order to be counted as a prisoner of war, you must be in uniform (John McCain was, Nathan Hale was not), you must be subject to military discipline, and you must be taking part in a war conducted by competent authority.

The Geneva Convention also governs respect for medical treatment of prisoners and wounded soldiers. Take Al Qaeda in Iraq, for example. When one of their IEDs went off in 2003 near Baghdad and killed and wounded a number of American soldiers, a U.S. Army medical HUMVEE raced to the scene. Waiting for the medics to arrive, the terrorists set off a second IED. It had been planted there specifically to target the medical help. Inside the HUMVEE, an American female nurse was burned beyond recognition.

The purpose of the Geneva Convention was to give warring nations a strong, positive incentive to behave according to international norms and not to engage in conduct that “shocks the conscience.” When we give Al Qaeda or Taliban terrorists prisoner of war status and Geneva Convention coverage—without demanding anything of them in return—we abandon one of the great achievements of the Geneva Convention.

Of course, some humans are not accorded human rights. Our courts have seen to that. President Obama named Justice Stephen Breyer as his ideal jurist. In 2000, Justice Breyer wrote the majority opinion in Carhart v. Stenberg. That was the case in which the U.S. Supreme Court struck down as unconstitutional Nebraska’s law against partial-birth abortion. Justice Breyer’s opinion is worth quoting at length. He described various techniques of late-term abortion that do not shock his conscience. Nor do these techniques--unlike waterboarding, unlike slapping, unlike sleep deprivation--shock President Obama’s conscience, or the consciences of our liberal rulers.

During a pregnancy’s second trimester (12 to 24 weeks), the most common abortion procedure is “dilation and evacuation” (D&E), which involves dilation of the cervix, removal of at least some fetal tissue using nonvacuum surgical instruments, and (after the 15th week) the potential need for instrumental dismemberment of the fetus or the collapse of fetal parts to facilitate evacuation from the uterus. When such dismemberment is necessary, it typically occurs as the doctor pulls a portion of the fetus through the cervix into the birth canal. The risks of mortality and complication that accompany D&E are significantly lower than those accompanying induced labor procedures (the next safest mid-second-trimester procedures). A variation of D&E, known as “intact D&E,” is used after 16 weeks. It involves removing the fetus from the uterus through the cervix “intact,” i.e., in one pass rather than several passes. The intact D&E proceeds in one of two ways, depending on whether the fetus presents head first or feet first. The feet-first method is known as “dilation and extraction” (D&X). D&X is ordinarily associated with the term “partial birth abortion.”

A little translation may be required: “at least some fetal tissue” translates to the unborn child’s arm, a leg, or maybe her head. “Dismemberment of the fetus with nonvaccuum surgical instruments” means cutting off her arms or legs with razor-sharp implements while the child, still alive, is capable of feeling excruciating pain.

Rest assured, this is not torture. It doesn’t meet the legal definition of torture because under the rule of Roe v. Wade, the unborn child does not meet the legal definition of a person.

Terrorists were once defined—like pirates and slave traders—as hostis humani generis, enemies of all mankind. As such, they received no due process rights. They had no right to counsel. They received no protections under international agreements. When seized on the high seas by the Royal Navy, they could be promptly hanged upon determination that they were engaged in the proscribed activities.

It would have shocked the consciences of our ancestors, however, to dismember even such low characters as pirates, to cut off their arms and legs, and to let them bleed profusely to death. The most inhuman of humans in the nineteenth century could not have been treated as the least of humans are treated in our enlightened United States, by order of the U.S. Supreme Court.

Our new president abhors torture, unless it is the torture of the unborn. In that case, it is not torture at all, but simply inducing fetal demise. This great international uproar over what is and is not torture has been generated because of the treatment of three known mass murderers. The slaughter of innocents in their thousands elicits no international outrage. This is part of what Justice Breyer sees as evolving international standards of decency.

In my opinion, the Obama Administration’s abortion agenda is indeed a crime against humanity.

This weekend, President Obama will receive an honorary Doctor of Laws from the University of Notre Dame. There, he will be honored, among other things, for his brave stand against torture. He has appointed Kathleen Sebelius to head our nation’s health system. She is a disciple of the most notorious late-term abortionist in the county, a dismemberer, by his own count, of 60,000 fetuses. The President and Secretary Sebelius want to force us all to pay for abortion-on-demand. They want to force doctors and nurses to take part in killing unborn children. They will doubtless tell us our consciences should not be shocked. They’re only inducing fetal demise. Heaven help us all. And Heaven help Notre Dame.

(In Sweden they now say it's okay to have an abortion if you don't get the gender baby you desire.  Does this scare you?  If it doesn’t it should!!)

Posted:  Knowledge Creates Power

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CIA denies Cheney request to declassify memos

Did harsh interrogation tactics produce life-saving intelligence?

WASHINGTON - The CIA says it has denied a request by former Vice President Dick Cheney to declassify secret internal government memos that detail whether valuable intelligence was gained from the use of harsh interrogation techniques under the Bush administration.

CIA spokesman Paul Gimigliano said Thursday that the request was turned down because the documents are the subject of pending litigation — making them not subject to declassification.

"For that reason — and that reason only — CIA did not accept Mr. Cheney's request for a Mandatory Declassification Review," said Gimigliano.

"The Agency simply followed the Executive Order. This request was handled in accordance with normal practice by CIA professionals with long experience in information management and release. It was for them a straightforward issue."

Cheney says the documents show that the tactics prevented terrorist attacks and saved lives, contrary to the Obama administration's criticism of the Bush-era policies.

Cheney had made his request on March 31.

NBC's Pete Williams and The Associated Press contributed to this report. -  NBC News and news services

updated 2:11 p.m. PT, Thurs., May 14, 2009

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On Torture and War Criminals

Jon Stewart says Truman was a ‘War Criminal’ because he ordered the use of the atomic bomb against Japan.  Forget that it saved hundreds of thousands of American soldiers who didn’t have to die during a land invasion of Japan.  America killed it’s enemies, and now that’s wrong.  Apparently...

The Daily Show With Jon Stewart	M - Th 11p / 10c
Cliff May Unedited Interview Pt. 2
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As Allah notes, “Behold the face of mindless anti-torture absolutism." Like what you see?

For the record, during the debates, both Obama and Hillary listed Truman as among their most admired Presidents.  Who knew that Obama condoned war crimes?

But now that Obama and the liberal Democratic Congress have opened the door to the notion that like a Banana Republic the United States should retroactively judge and prosecute former leaders and administrations instead of being the shining example that we have always been of  the smooth and perfect transfer of power after a civilized election… people like Jon Stewart think it is acceptable to judge and disparage a former wartime president that has always been praised by his peers and for generations since, for his courage and decisiveness at a time when we needed it:

Cliff May was a guest on the Daily Show and posed a series of interesting questions to host Jon Stewart regarding interrogation, war and war crimes.  It comes at about the 5:50 mark. Cliff May asks Stewart whether Truman's use of the atomic bomb was a war crime, Stewart ruminates and then responds with an unequivocal "yes." He's certainly not the only American who would take that view, but it's a useful reminder that the most vocal and popular criticism of the Bush administration's war on terror policies comes from people who, if they were being as honest as Stewart, would also judge Lincoln (suspension of habeas), FDR (internment), and Truman (use of nuclear weapons) as war criminals or tyrants or worse.

Stewart repeats the charge again later in the interview, but you have to wonder whether this was one of the rare times that he just got outmaneuvered on his own show. Serious people have debated Truman's decision for 60 years, but even those who disagree with that decision rarely describe it as "criminal." And if it was criminal, whatever crimes the left alleges of President Bush seem pretty trivial in comparison.

See Video:  Cliff May Unedited Interview Pt. 2

“Hundreds of thousands of lives were saved by averting a U.S. invasion of the Japanese home islands, and all ‘this tool’ can do is point a finger and mumble ‘yes’ in response to whether Truman’s a war criminal or not.”

As always, it is hard to tell whether Stewart's clown nose is off or on, but it appeared to be off at that moment -- that is, he was giving a serious answer, not one intended to get laughs.

The rapid end to the War in the Pacific was a blessing to many Americans.

I don't believe that President Truman was a "war criminal" and the rapid end to the War in the Pacific was a blessing to many Americans.  You can bet that neither Jon Stewart’s mindless comment nor the clip will make it to the Truman Library in Independence, Missouri.

Torture? No. Except...

WASHINGTON -- Torture is an impermissible evil. Except under two circumstances. The first is the ticking time bomb. An innocent's life is at stake. The bad guy you have captured possesses information that could save this life. He refuses to divulge. In such a case, the choice is easy. Even John McCain, the most admirable and estimable torture opponent, says openly that in such circumstances, "You do what you have to do." And then take the responsibility.

Some people, however, believe you never torture. Ever. They are akin to conscientious objectors who will never fight in any war under any circumstances, and for whom we correctly show respect by exempting from war duty. But we would never make one of them Centcom commander. Private principles are fine, but you don't entrust such a person with the military decisions upon which hinges the safety of the nation. It is similarly imprudent to have a person who would abjure torture in all circumstances making national security decisions upon which depends the protection of 300 million countrymen.

The second exception to the no-torture rule is the extraction of information from a high-value enemy in possession of high-value information likely to save lives. This case lacks the black-and-white clarity of the ticking time bomb scenario. We know less about the length of the fuse or the nature of the next attack. But we do know the danger is great. We know we must act but have no idea where or how -- and we can't know that until we have information. Catch-22.

Under those circumstances, you do what you have to do. And that includes waterboarding.

Did it work? The current evidence is fairly compelling. George Tenet said that the "enhanced interrogation" program alone yielded more information than everything gotten from "the FBI, the Central Intelligence Agency and the National Security Agency put together."

Michael Hayden, CIA director after waterboarding had been discontinued, writes (with former Attorney General Michael Mukasey) that "as late as 2006 ... fully half of the government's knowledge about the structure and activities of al-Qaeda came from those interrogations." Even Dennis Blair, Obama's director of national intelligence, concurs that these interrogations yielded "high value information." So much for the lazy, mindless assertion that torture never works.

Asserts Blair's predecessor, Mike McConnell, "We have people walking around in this country that are alive today because this process happened." Of course, the morality of torture hinges on whether at the time the information was important enough, the danger great enough and our blindness about the enemy's plans severe enough to justify an exception to the moral injunction against torture.

Judging by Nancy Pelosi and other members of Congress who were informed at the time, the answer seems to be yes. In December 2007, after a Washington Post report that she had knowledge of these procedures and did not object, she admitted that she'd been "briefed on interrogation techniques the administration was considering using in the future."

Today Pelosi protests "we were not -- I repeat -- were not told that waterboarding or any other of these other enhanced interrogation methods were used." She imagines that this distinction between past and present, Clintonian in its parsing, is exonerating.

On the contrary. It is self-indicting. If you are told about torture that has already occurred, you might justify silence on the grounds that what's done is done and you are simply being used in a post-facto exercise to cover the CIA's rear end. The time to protest torture, if you really are as outraged as you now pretend to be, is when the CIA tells you what it is planning to do "in the future."

But Pelosi did nothing. No protest. No move to cut off funding. No letter to the president or the CIA chief or anyone else saying "Don't do it."

On the contrary, notes Porter Goss, then chairman of the House Intelligence Committee: The members briefed on these techniques did not just refrain from objecting, "on a bipartisan basis, we asked if the CIA needed more support from Congress to carry out its mission against al-Qaeda."

More support, mind you. Which makes the current spectacle of self-righteous condemnation not just cowardly but hollow. It is one thing to have disagreed at the time and said so. It is utterly contemptible, however, to have been silent then and to rise now "on a bright, sunny, safe day in April 2009" (the words are Blair's) to excoriate those who kept us safe these harrowing last eight years.

By: Charles Krauthammer - a 1987 Pulitzer Prize winner, 1984 National Magazine Award winner, and a columnist for The Washington Post since 1985.

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Muslims: 'We Do That On First Dates'

Without any pretense of an argument, which liberals are neurologically incapable of, the mainstream media are now asserting that our wussy interrogation techniques at Guantanamo constituted "torture" and have irreparably harmed America's image abroad.

Only the second of those alleged facts is true: The president's release of the Department of Justice interrogation memos undoubtedly hurt America's image abroad, as we are snickered at in capitals around the world, where they know what real torture is. The Arabs surely view these memos as a pack of lies. What about the pills Americans have to turn us gay?

The techniques used against the most stalwart al-Qaida members, such as Abu Zubaydah, included one terrifying procedure referred to as "the attention grasp." As described in horrifying detail in the Justice Department memo, the "attention grasp" consisted of:

"(G)rasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator."

The end.

There are rumors that Dick "Darth Vader" Cheney wanted to take away the interrogators' Altoids before they administered "the grasp," but Department of Justice lawyers deemed this too cruel.

And that's not all! As the torments were gradually increased, next up the interrogation ladder came "walling." This involves pushing the terrorist against a flexible wall, during which his "head and neck are supported with a rolled hood or towel that provides a C-collar effect to prevent whiplash."

People pay to have a lot rougher stuff done to them at Six Flags Great Adventure. Indeed, with plastic walls and soft neck collars, "walling" may be the world's first method of "torture" in which all the implements were made by Fisher-Price.

As the memo darkly notes, walling doesn't cause any pain, but is supposed to induce terror by making a "loud noise": "(T)he false wall is in part constructed to create a loud sound when the individual hits it, which will further shock and surprise." (!!!)
If you need a few minutes to compose yourself after being subjected to that horror, feel free to take a break from reading now. Sometimes a cold compress on the forehead is helpful, but don't let it drip or you might end up waterboarding yourself.
The CIA's interrogation techniques couldn't be more ridiculous if they were out of Monty Python's Spanish Inquisition sketch:

Cardinal! Poke her with the soft cushions! ...

Hmm! She is made of harder stuff! Cardinal Fang! Fetch ... THE COMFY CHAIR!
So you think you are strong because you can survive the soft cushions. Well, we shall see. Biggles! Put her in the Comfy Chair! ...

Now -- you will stay in the Comfy Chair until lunchtime, with only a cup of coffee at 11.

Further up the torture ladder -- from Guantanamo, not Monty Python -- comes the "insult slap," which is designed to be virtually painless, but involves the interrogator invading "the individual's personal space."

If that doesn't work, the interrogator shows up the next day wearing the same outfit as the terrorist. (Awkward.)

I will spare you the gruesome details of the CIA's other comical interrogation techniques and leap directly to the penultimate "torture" in their arsenal: the caterpillar.

In this unspeakable brutality, a harmless caterpillar is placed in the terrorist's cell. Justice Department lawyers expressly denied the interrogators' request to trick the terrorist into believing the caterpillar was a "stinging insect."

Human rights groups have variously described being trapped in a cell with a live caterpillar as "brutal," "soul-wrenching" and, of course, "adorable."

If the terrorist manages to survive the non-stinging caterpillar maneuver -- the most fiendish method of torture ever devised by the human mind that didn't involve being forced to watch "The View" -- CIA interrogators had another sadistic trick up their sleeves.

I am not at liberty to divulge the details, except to mention the procedure's terror-inducing name: "the ladybug."

Finally, the most savage interrogation technique at Guantanamo was "waterboarding," which is only slightly rougher than the Comfy Chair.

Tens of thousands of our troops were waterboarded over the past three decades as part of their training, but not until it was done to Khalid Sheikh Mohammed -- mastermind of the 9/11 attack on America -- were liberal consciences shocked.
I think they were mostly shocked because they couldn't figure out how Joey Buttafuoco ended up in Guantanamo.

As non-uniformed combatants, all of the detainees at Guantanamo could have been summarily shot on the battlefield under the Laws of War.

Instead, we gave them comfy chairs, free lawyers, better food than is served in Afghani caves, prayer rugs, recreational activities and top-flight medical care -- including one terrorist who was released, whereupon he rejoined the jihad against America, after being fitted for an expensive artificial leg at Guantanamo, courtesy of the U.S. taxpayer.

Only three terrorists -- who could have been shot -- were waterboarded. This is not nearly as bad as "snowboarding," which is known to cause massive buttocks pain and results in approximately 10 deaths per year.

Normal human beings -- especially those who grew up with my older brother, Jimmy -- can't read the interrogation memos without laughing.

At Al-Jazeera, they don't believe these interrogation memos are for real. Muslims look at them and say: THIS IS ALL THEY'RE DOING? We do that for practice. We do that to our friends.

But The New York Times is populated with people who can't believe they live in a country where people would put a caterpillar in a terrorist's cell.

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by Ann Coulter - Legal Affairs Correspondent for HUMAN EVENTS and Author including:  High Crimes and Misdemeanors