Allison Kilkenny: Unreported

Will Obama Institute a New Kind of Preventive Detention for Terrorist Suspects?

Posted in law, torture by allisonkilkenny on February 20, 2009

Jane Mayer, The New Yorker

“We don’t own the problem,” Greg Craig, the White House counsel, says. “But we’ll be held accountable for how we handle this.” (The New Yorker)

“We don’t own the problem,” Greg Craig, the White House counsel, says. “But we’ll be held accountable for how we handle this.” (The New Yorker)

The last “enemy combatant” being detained in America is incarcerated at the U.S. Naval Consolidated Brig in Charleston, South Carolina—a tan, low-slung building situated amid acres of grassy swampland. The prisoner, known internally as EC#2, is an alleged Al Qaeda sleeper agent named Ali Saleh Kahlah al-Marri. He has been held in isolation in the brig for more than five years, although he has never stood trial or been convicted of any crime. Under rules established by the Bush Administration, suspected terrorists such as Marri were denied the legal protections traditionally afforded by the Constitution. Unless the Obama Administration overhauls the nation’s terrorism policies, Marri—who claims that he is innocent—will likely spend the rest of his life in prison. 

On September 10, 2001, Marri, a citizen of Qatar, who is now forty-three, came to America with his family. He had a student visa, and his ostensible purpose was to study computer programming at a small university in Peoria, Illinois. That December, he was arrested as a material witness in an investigation of the September 11th attacks. However, when Marri was on the verge of standing trial, in June, 2003, President George W. Bush ordered the military to seize him and hold him indefinitely. The Bush Administration contended that America was in a full-fledged war against terrorists, and that the President could therefore invoke extraordinary executive powers to detain Marri until the end of hostilities, on the basis of still secret evidence. That day, Marri was put on a military jet to Charleston, and since then he has been living as the only prisoner in an eighty-bed high-security wing of the brig, with no visits from family, friends, or the media.

Jonathan Hafetz, a lawyer with the American Civil Liberties Union, who has taken the lead role in Marri’s legal defense, says that the Bush Administration’s decision to leave him in sustained isolation was akin to stranding him on a desert island. “It’s a Robinson Crusoe-like situation,” he told me. In 2005, Hafetz challenged the constitutionality of Marri’s imprisonment. A lower court affirmed the government’s right to detain him indefinitely. After several appeals, the case is scheduled to be heard by the Supreme Court in April. Hafetz calls the Marri case a pivotal test of “the most far-reaching use of detention powers” ever asserted by an American President.

The Court’s calendar requires the Obama Administration to file a reply to the challenge by March 23rd. Unless some kind of diversionary action is taken—such as sending Marri home to Qatar, or working out a plea agreement—the Court’s schedule will likely force the Obama Administration to offer quick answers to a host of complicated questions about its approach to fighting terrorism.

John Bellinger III, who served as the counsel to the State Department under President Bush, says of officials in the Obama Administration, “They will have to either put up or shut up. Do they maintain the Bush Administration position, and keep holding Marri as an enemy combatant? They have to come up with a legal theory.”

Among the issues to be decided, Hafetz says, is “the question of who is a soldier, and who is a civilian. Is the fight against terrorism war, or is it not war? How far does the battlefield extend? In the past, they treated Peoria as a battlefield. Can an American be arrested in his own home and jailed indefinitely, on the say-so of the President?” Hafetz wants the Supreme Court to rule that indefinite executive detention is illegal, and he hopes that Obama will withdraw Bush’s executive order labelling Marri an enemy combatant, and issue a new one classifying him as a civilian. This shift would allow Marri either to be charged with crimes or to be released.

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The Contradictions Facing a Black President of the American Empire

Posted in Barack Obama, politics, War on Drugs by allisonkilkenny on January 23, 2009

Johann Hari

evomoralesThe tears are finally drying – the tears of the Bush years, and the tears of awe at the sight of a black President of the United States. So what now? The cliché of the day is that Barack Obama will inevitably disappoint the hopes of a watching world, but the truth is more subtle than that. If we want to see how Obama will change the world – for good or bad – we need to trace the deep structural factors that underlie US foreign policy, and tease out what he will do about them. A useful case study of these pressures is about to flicker onto our news pages for a moment – from the top of the world.

Bolivia is the poorest country in Latin America, and its lofty slums 4000 meters above sea level seem a world away from the high theatre of the inauguration. But if we look at this country closely, we can explain one of the great paradoxes of the United States – that it has incubated a triumphant civil rights movement at home, yet thwarted civil rights movements abroad. Bolivia shows us in stark detail the contradictions facing a black President of the American empire.

The President of Bolivia, Evo Morales, has a story strikingly similar to Obama’s. In 2006 he became the first indigenous President of his country – and a symbol of the potential of democracy. When the Spanish arrived in Bolivia in the sixteenth century, they enslaved the indigenous majority and worked millions to death. As recently as the 1950s, an indigenous person wasn’t even allowed to walk through the centre of La Paz, where the presidential palace and city cathedral stand. They were (and are) routinely compared to monkeys and apes.

Morales was born to a poor potato-farmer in the mountains, and grew up scavenging for discarded orange peel or banana skins to eat. Of his seven siblings, four starved to death as babies. Throughout his adult life, it was taken for granted that the country would be ruled by the white mestizo minority; the “Indians” were too “child-like” to manage a country.

Given that the US is constitutionally a democracy and its Presidents say they are committed to spreading democracy across the world, you would expect them to welcome the democratic rise of Morales. But wait. Bolivia has massive reserves of natural gas – a geo-strategic asset, and one that rakes in billions for US corporations. Here is where the complications set in.

Before Morales, the white mestizo elite was happy to allow US companies to simply take the gas and leave the Bolivian people with short change: just 18 percent of the royalties. Indeed, they handed almost the entire country to US interests, while skimming a small percentage for themselves. In 1999, an American company, Bechtel, was handed the water supply – and water rates for the poor majority doubled.

Morales ran for election against this agenda. He said that Bolivia’s resources should be used for the benefit of millions of bitterly poor Bolivians, not a tiny number of super-rich Americans. He kept his promise. Now Bolivia keeps 82 percent of the vast gas royalties – and he has used the money to increase health spending by 300 percent, and to build the country’s first pension system. He is one of the most popular leaders in the democratic world. In slums across South America, I have seen this pink tide rising through the barrios and favelas, where millions of people are seeing doctors and schools for the first time in their lives.

I suspect that a majority of the American people – who are good and decent – would be pleased and support this process if they were told about it honestly. But how did the US government (and much of the media) react? George Bush fulminated that “democracy is being eroded in Bolivia”, and a recent US ambassador to the country compared Morales to Osama Bin Laden. Why? To them, you are a democrat if you give your resources to US corporations, and you are a dictator if you give them to your own people. The will of the Bolivian people is irrelevant.

There is another layer of disagreement between Morales and US power. Bolivians have a widespread millennia-long tradition chewing coca leaves, or brewing them in tea: it’s a good way of keeping your energy up when you are doing grinding work at such a high altitude. But in the 1980s, the Reagan administration announced that this was contrary to the demands of the “war on drugs”. They trained and paid for elite white military units to forcibly “eliminate coca.” They rampaged across the Bolivian countryside destroying the crops of desperately poor people. Evo Morales – a coca farmer himself – saw them burn a peasant farmer alive, an experience he says “changed me forever.” He wants to legalize coca for private use – and he is supported by 80 percent of Bolivians.

For these reasons, the US has been moving to trash Morales. Latin America still lives in the shadow of its own 9/11: on September 11th 1973, Henry Kissinger and the CIA backed the coup that led to the violent death of the freely elected President of Chile, Salvador Allende, to stop his programme of democratic socialism from proceeding

Over the past few years, the techniques have become a little less crude. By an odd quirk of fate, almost all of Bolivia’s gas supplies are in the east of the country – where the richest, whitest part of the population lives. So the US government has been funding and fueling the hard-right separatist movements that want these regions to break away. Then the mestizos would happily hand the gas to US companies like in the good ol’ days – and Morales would be left without resources. The interference became so severe that last September Morales had to expel the US Ambassador for “conspiring against democracy.” This weekend, Morales is holding a major referendum on a new constitution for the country which will entrench the rights of the indigenous people.

Enter Obama – and his paradoxes. He is obviously a person of good will and good sense, but he is operating in a system subject to many undemocratic pressures. Bolivia illustrates the tension. The rise of Morales reminds us of the America the world loves – its yes-we-can openness and civil rights movements. Yet the presence of gas and coca reminds us of the America the world hates – the desire to establish “full spectrum dominance” over the world’s resources and send troops barging into their countries, whatever the pesky natives think.

Which America will Obama embody? The answer is both – at first. Morales has welcomed him as “a brother”, and Obama has made it clear he wants a dialogue, rather than the abuse of the Bush years. Yet who is Obama’s Bolivia advisor? A lawyer called Greg Craig, who represents Gonzalo Sánchez de Lozada – the hard-right former President of Bolivia who imposed some of the most extreme privatizations of the 1980s, and is now wanted on charges of genocide in Bolivia for the massacres of indigenous protesters. Craig’s legal team says Morales is (yes) leading “an offensive against democracy.”

The structural pressures within the US political system that drove hostility to a democratic civil rights leader like Morales up to now have not dissolved in the cold Washington air. The US is still dependent on foreign fossil fuels to keep its lights on, the drug war bureaucracy will continue its senseless crusade, and US corporations still buy Senators from both parties. Obama will still be swayed by those factors.

But while this is a reason to be frustrated, it isn’t a reason to be cynical. Why? Because while he will be swayed by those factors, he will also subtly erode them over time. Obama has made energy independence – a massive transition away from foreign oil and gas, and towards the wind, sun and waves – the centre of his governing programme. If the US is no longer addicted to Bolivian gas, then its governments will be much less inclined to topple anybody else who wants to control it. (If they’re off oil, they’ll be much less invested in the Saudi tyranny and petro-wars in the Middle East too.)

Obama also says he wants to peel back the distorting effect of corporate money on the US political system. He is already less slathered in corporate cash than any President since the 1920s. The further he pushes it back, the more breathing-space democratic movements like Morales’ get to control their own resources. He also seems to be a less fanatical drug warrior than his predecessors, offering praise in the past for those who believe the US should concentrate on treating addicts at home rather than trying to burn and fumigate their supply from every forest or mountain on earth.

But we will see. If you want to know if Obama is really altering the tectonic forces that drive American power, keep an eye on the rooftop of the world.

Johann Hari is a writer for the Independent. To read more of his articles, click here or here.