by Ted Rall, Yahoo! News

Shortly after 9/11, George W. Bush secretly signed twoexecutive orders. Both violated basic constitutional protections as well as U.S. obligations under international treaties, yet both carried the force of law.

They still do.

The first order grants the president (and other officials, including thesecretary of defense, the secretary of homeland security and presumably certain postal clerks) the right to declare anyone–including an American citizen–an “unlawful enemy combatant.” A person so declared has no redress, no way to appeal, no ability to challenge that designation. Once a person has been named an enemy combatant, according to the Bush Administration–and now to the Obama Administration–he has no rights. He can be held without charges forever, tortured, you name it–well, actually, the president or the secretary of defense names it.

In the second covert executive order, Bush authorized the CIA to target and assassinate said “enemy combatants“–again, including American citizens.

These two documents first came into play on November 3, 2002, when a CIA-operated Predator drone plane violating Yemeni airspace fired a Hellfire missile at a car containing Qaed Salim Sinan al-Harethi, supposedly Al Qaeda’s #1 man in Yemen at the time.

U.S. officials didn’t know that an American citizen, Kamal Derwish, was riding along. (You know what they say about hitchhiking.) “The Bush administration said the killing of an American in this fashion was legal…this is legal because the president and his lawyers say so–it’s not much more complicated than that,” CBS News reported at the time. “I can assure you that no constitutional questions are raised here,” said Bush’s national security adviser, Condoleezza Rice, after the CIA assassinations. “He’s well within the balance of accepted practice and the letter of his constitutional authority.”

It’s right there in the Constitution between the right to tax and the repeal of Prohibition.

Anyway, Congress tried to clarify matters in the Military Commissions Act of 2006, part of which–the section that eliminated the writ of habeas corpus–got struck down by the U.S. Supreme Court last year. But the rest of the MCA remains in force, including a passage that defines an enemy combatant as anyone who provides “material support” to the “enemy.” And who is the enemy? The enemy is anyone the president says it/he/she/they is.

Again, there is no distinction between foreigners and U.S. citizens.

Jose Padilla, the so-called would-be “dirty bomber” held in a Navy brig since 2002, was tried and convicted of such “material support” charges in 2007. (The government couldn’t prosecute Padilla for their original dirty bomb charges because they had tortured him so severely that he had been reduced to mental mush.)

Now that times have supposedly changed, it’s time to ask: why hasn’t President Obama abrogated Bush’s controversial executive orders? If Obama truly seeks a break with the lawlessness of the prior administration, what better way to enact it?

Simply put, no one man–not even a nice, articulate, charismatic one–ought to claim the right to suspend a person’s constitutional rights. Not in America. Certainly no one man–not even a young, handsome, likeable one–should be able to have anyone he wants whacked. Even in dictatorships, the right of life and death is reserved for judges and juries operating under a system purportedly designed to support impartiality and a search for the truth.

But that’s not the case here in the United States. In 2002 Scott Silliman, director of the Center on Law, Ethics and National Security at Duke University asked: “Could you put a Hellfire missile into a car in Washington, D.C., under [the Bush] theory? The answer is yes, you could.”

Nothing much has changed since then. Obama has eliminated the use of the phrase “enemy combatant,” but The New York Times reported that the change is merely meant to “symbolically separate the new administration from Bush detention policies.” The words may have changed, but Obama attorney general Eric Holder’s definition of who can and cannot be held, said the Times, is “not significantly different from the one used by the Bush administration.”

These days, Obama has ramped up the assassination of political opponents of the U.S. and the U.S.-aligned authoritarian regime in Pakistan, deploying more Predator drone plane attacks than Bush. But that’s just for now. Obama could still personally order a government agency to murder you.

Which is weird. But not nearly as weird as the fact that you probably don’t care enough to do something about it.

by Mutadhar al-Zaidi

In the name of God, the most gracious and most merciful.

Here I am, free. But my country is still a prisoner of war.

Firstly, I give my thanks and my regards to everyone who stood beside me, whether inside my country, in the Islamic world, in the free world. There has been a lot of talk about the action and about the person who took it, and about the hero and the heroic act, and the symbol and the symbolic act.

But, simply, I answer: What compelled me to confront is the injustice that befell my people, and how the occupation wanted to humiliate my homeland by putting it under its boot.

And how it wanted to crush the skulls of (the homeland’s) sons under its boots, whether sheikhs, women, children or men. And during the past few years, more than a million martyrs fell by the bullets of the occupation and the country is now filled with more than 5 million orphans, a million widows and hundreds of thousands of maimed. And many millions of homeless because of displacement inside and outside the country.

We used to be a nation in which the Arab would share with the Turkman and the Kurd and the Assyrian and the Sabean and the Yazid his daily bread. And the Shiite would pray with the Sunni in one line. And the Muslim would celebrate with the Christian the birthday of Christ, may peace be upon him. And despite the fact that we shared hunger under sanctions for more than 10 years, for more than a decade.

Our patience and our solidarity did not make us forget the oppression. Until we were invaded by the illusion of liberation that some had. (The occupation) divided one brother from another, one neighbor from another, and the son from his uncle. It turned our homes into never-ending funeral tents. And our graveyards spread into parks and roadsides. It is a plague. It is the occupation that is killing us, that is violating the houses of worship and the sanctity of our homes and that is throwing thousands daily into makeshift prisons.

I am not a hero, and I admit that. But I have a point of view and I have a stance. It humiliated me to see my country humiliated. And to see my Baghdad burned. And my people being killed. Thousands of tragic pictures remained in my head, and this weighs on me every day and pushes me toward the righteous path, the path of confrontation, the path of rejecting injustice, deceit and duplicity. It deprived me of a good night’s sleep.

Dozens, no, hundreds, of images of massacres that would turn the hair of a newborn white used to bring tears to my eyes and wound me. The scandal of Abu Ghraib. The massacre of Fallujah, Najaf, Haditha, Sadr City, Basra, Diyala, Mosul, Tal Afar, and every inch of our wounded land. In the past years, I traveled through my burning land and saw with my own eyes the pain of the victims, and hear with my own ears the screams of the bereaved and the orphans. And a feeling of shame haunted me like an ugly name because I was powerless.

And as soon as I finished my professional duties in reporting the daily tragedies of the Iraqis, and while I washed away the remains of the debris of the ruined Iraqi houses, or the traces of the blood of victims that stained my clothes, I would clench my teeth and make a pledge to our victims, a pledge of vengeance.

The opportunity came, and I took it.

I took it out of loyalty to every drop of innocent blood that has been shed through the occupation or because of it, every scream of a bereaved mother, every moan of an orphan, the sorrow of a rape victim, the teardrop of an orphan.

I say to those who reproach me: Do you know how many broken homes that shoe that I threw had entered because of the occupation? How many times it had trodden over the blood of innocent victims? And how many times it had entered homes in which free Iraqi women and their sanctity had been violated? Maybe that shoe was the appropriate response when all values were violated.

When I threw the shoe in the face of the criminal, Bush, I wanted to express my rejection of his lies, his occupation of my country, my rejection of his killing my people. My rejection of his plundering the wealth of my country, and destroying its infrastructure. And casting out its sons into a diaspora.

After six years of humiliation, of indignity, of killing and violations of sanctity, and desecration of houses of worship, the killer comes, boasting, bragging about victory and democracy. He came to say goodbye to his victims and wanted flowers in response.

Put simply, that was my flower to the occupier, and to all who are in league with him, whether by spreading lies or taking action, before the occupation or after.

I wanted to defend the honor of my profession and suppressed patriotism on the day the country was violated and its high honor lost. Some say: Why didn’t he ask Bush an embarrassing question at the press conference, to shame him? And now I will answer you, journalists. How can I ask Bush when we were ordered to ask no questions before the press conference began, but only to cover the event. It was prohibited for any person to question Bush.

And in regard to professionalism: The professionalism mourned by some under the auspices of the occupation should not have a voice louder than the voice of patriotism. And if patriotism were to speak out, then professionalism should be allied with it.

I take this opportunity: If I have wronged journalism without intention, because of the professional embarrassment I caused the establishment, I wish to apologize to you for any embarrassment I may have caused those establishments. All that I meant to do was express with a living conscience the feelings of a citizen who sees his homeland desecrated every day.

History mentions many stories where professionalism was also compromised at the hands of American policymakers, whether in the assassination attempt against Fidel Castro by booby-trapping a TV camera that CIA agents posing as journalists from Cuban TV were carrying, or what they did in the Iraqi war by deceiving the general public about what was happening. And there are many other examples that I won’t get into here.

But what I would like to call your attention to is that these suspicious agencies – the American intelligence and its other agencies and those that follow them – will not spare any effort to track me down (because I am) a rebel opposed to their occupation. They will try to kill me or neutralize me, and I call the attention of those who are close to me to the traps that these agencies will set up to capture or kill me in various ways, physically, socially or professionally.

And at the time that the Iraqi prime minister came out on satellite channels to say that he didn’t sleep until he had checked in on my safety, and that I had found a bed and a blanket, even as he spoke I was being tortured with the most horrific methods: electric shocks, getting hit with cables, getting hit with metal rods, and all this in the backyard of the place where the press conference was held. And the conference was still going on and I could hear the voices of the people in it. And maybe they, too, could hear my screams and moans.

In the morning, I was left in the cold of winter, tied up after they soaked me in water at dawn. And I apologize for Mr. Maliki for keeping the truth from the people. I will speak later, giving names of the people who were involved in torturing me, and some of them were high-ranking officials in the government and in the army.

I didn’t do this so my name would enter history or for material gains. All I wanted was to defend my country, and that is a legitimate cause confirmed by international laws and divine rights. I wanted to defend a country, an ancient civilization that has been desecrated, and I am sure that history – especially in America – will state how the American occupation was able to subjugate Iraq and Iraqis, until its submission.

They will boast about the deceit and the means they used in order to gain their objective. It is not strange, not much different from what happened to the Native Americans at the hands of colonialists. Here I say to them (the occupiers) and to all who follow their steps, and all those who support them and spoke up for their cause: Never.

Because we are a people who would rather die than face humiliation.

And, lastly, I say that I am independent. I am not a member of any political party, something that was said during torture – one time that I’m far-right, another that I’m a leftist. I am independent of any political party, and my future efforts will be in civil service to my people and to any who need it, without waging any political wars, as some said that I would.

My efforts will be toward providing care for widows and orphans, and all those whose lives were damaged by the occupation. I pray for mercy upon the souls of the martyrs who fell in wounded Iraq, and for shame upon those who occupied Iraq and everyone who assisted them in their abominable acts. And I pray for peace upon those who are in their graves, and those who are oppressed with the chains of imprisonment. And peace be upon you who are patient and looking to God for release.

And to my beloved country I say: If the night of injustice is prolonged, it will not stop the rising of a sun and it will be the sun of freedom.

One last word. I say to the government: It is a trust that I carry from my fellow detainees. They said, ‘Mutadhar, if you get out, tell of our plight to the omnipotent powers’ – I know that only God is omnipotent and I pray to Him – ‘remind them that there are dozens, hundreds, of victims rotting in prisons because of an informant’s word.’

They have been there for years, they have not been charged or tried.

They’ve only been snatched up from the streets and put into these prisons. And now, in front of you, and in the presence of God, I hope they can hear me or see me. I have now made good on my promise of reminding the government and the officials and the politicians to look into what’s happening inside the prisons. The injustice that’s caused by the delay in the judicial system.

Thank you. And may God’s peace be upon you.

by Brad Friedman

Just over two weeks ago, FBI translator-turned-whistleblower Sibel Edmonds was finally allowed to speak about much of what the Bush Administration spent years trying to keep her from discussing publicly on the record. Twice gagged by the Bush Dept. of Justice’s invocation of the so-called “State Secrets Privilege,” Edmonds has been attempting to tell her story, about the crimes she became aware of while working for the FBI, for years.

Thanks to a subpoena issued by the campaign of Ohio’s 2nd District Democratic U.S. Congressional candidate David Krikorian, her remarkable allegations of blackmail, bribery, espionage, infiltration, and criminal conspiracy by current and former members of the U.S. Congress, high-ranking State and Defense Department officials, and agents of the government of Turkey are seen and heard here, in full, for the first time, in her under-oath deposition. Both the complete video tape and transcript of the deposition follow below.

Though there was much concern, prior to her testimony, that the Obama Dept. of Justice might re-invoke the “State Secrets Privilege” to keep her from speaking, they did not do so. Nor did they choose to be present at the Washington D.C. deposition.

The BRAD BLOG covered details of some of Edmonds’ startling disclosures made during the deposition, as it happened, in our live blog coverage from August 8th. The deposition included criminal allegations against specifically named members of Congress. Among those named by Edmonds as part of a broad criminal conspiracy: Reps. Dennis Hastert (R-IL), Dan Burton (R-IN), Roy Blunt (R-MO), Bob Livingston (R-LA), Stephen Solarz (D-NY), Tom Lantos (D-CA), as well as an unnamed, still-serving Congresswoman (D) said to have been secretly videotaped, for blackmail purposes, during a lesbian affair.

High-ranking officials from the Bush Administration named in her testimony, as part of the criminal conspiracy on behalf of agents of the Government of Turkey, include Douglas Feith, Paul Wolfowitz, Marc Grossman, and others.

During the deposition — which we are still going through ourselves — Edmonds discusses covert “activities” by Turkish entities “that would involve trying to obtain very sensitive, classified, highly classified U.S. intelligence information, weapons technology information, classified Congressional records…recruiting key U.S. individuals with access to highly sensitive information, blackmailing, bribery.”

Speaking about current members of Congress during a break in the testimony,Krikorian told The BRAD BLOG that “for people in power situations in the United States, who know about this information, if they don’t take action against it, in my opinion, it’s negligence.” (More video statements from Krikorian, Edmonds and attorneys from all parties, taped before, during, and after the 8/8/09 testimony, areavailable here.)

Edmonds’ on-the-record disclosures also include bombshell details concerning outed covert CIA operative Valerie Plame Wilson’s front company, Brewster Jennings. Edmonds alleges the front company had actually been shut down in August of 2001 — three years prior to Bob Novak’s public disclosure of the covert operative’s identity — following a tip-off to a wire-tap target about the true nature of the CIA front company. The cover was blown, Edmonds alleges, by Marc Grossman, who was, at the time, the third highest-ranking official in the U.S. State Department. Prior to that, Grossman served as ambassador to Turkey. He now works “for a Turkish company called Ihals Holding,” according to Edmonds’ testimony.

An unclassified FBI Inspector General’s report, released on her case in 2005, declared Edmonds’ classified allegations to be “credible,” “serious,” and “warrant[ing] a thorough and careful review by the FBI.” In 2002, Sens. Chuck Grassley (R-IA) and Patrick Leahy (D-VT), then the senior members of the U.S. Senate Judiciary Committee, co-wrote letters on Edmonds’ behalf to Attorney General John Ashcroft, FBI Director Robert Mueller, and DoJ Inspector General Glenn A. Fine, calling on all of them to take action in respect to her allegations. And in a 2002 60 Minutes reporton Edmonds’ case, Grassley noted: “Absolutely, she’s credible…And the reason I feel she’s very credible is because people within the FBI have corroborated a lot of her story.”

The 8/8/09 deposition was brought by Krikorian as part of his defense in a case filed against him before the Ohio Election Commission (OEC) by Rep. Jean Schmidt (R-OH). The 2nd district Congresswoman has accused Krikorian, an Armenian-American who ran against her as an independent in 2008, of “false statements” during the campaign last year alleging that she had accepted “blood money” from Turkish interests. Krikorian says that Schmidt, co-chair of the Congressional Turkish Committee, accepted more money from Turkish interests during last year’s campaign than any other member of Congress, despite few, if any, ethnic Turks among her local constituency. He has suggested she may have been instrumental in helping to hold off a Congressional vote on a long-proposed, much-disputed resolution declaring the deaths of 1.5 million Armenians during WWI as a “genocide” by the Turks.

Edmonds herself happens to be a Turkish-American, though she was recentlyattacked by the Turkish Lobby, following her long-sought, long-blocked testimony.

The complete transcript of Sibel Edmonds’ under-oath testimony, may now bedownloaded here [PDF]. The complete video-taped testimony follows, in five parts, below…

Sibel Edmonds Deposition, 8/8/09: PART 1 of 5 from Velvet Revolution on Vimeo.

Sibel Edmonds Deposition, 8/8/09: PART 2 of 5 from Justice Through Music on Vimeo.

Sibel Edmonds Deposition, 8/8/09: PART 3 of 5 from Justice Through Music on Vimeo.

Sibel Edmonds Deposition, 8/8/09: PART 4 of 5 from Justice Through Music on Vimeo.

Sibel Edmonds Deposition, 8/8/09: PART 5 of 5 from Justice Through Music on Vimeo.

by Rachel Weiner

Former Bush administration officials are vehemently denying Ridge’s statements.

“We went over backwards repeatedly and with great discipline to make sure politics did not influence any national security and homeland security decisions,” former White House chief of staff Andy Card told Politico. “The clear instructions were to make sure politics never influenced anything.”

“Under no circumstance was Tom Ridge or anyone else directed to change the threat level,” former homeland security adviser Frances Townsend said. “It didn’t work that way, and it certainly didn’t work that way in 2004. It was always an apolitical process.”

It seems that no other former top Bush political and national security officials were willing to respond.

* * * * *

In a new book, former Secretary of Homeland Security Tom Ridge reveals new details on politicization under President Bush, reports US News & World Report’s Paul Bedard. Among other things, Ridge admits that he was pressured to raise the terror alert to help Bush win re-election in 2004.

Ridge was never invited to sit in on National Security Council meetings; was “blindsided” by the FBI in morning Oval Office meetings because the agency withheld critical information from him; found his urgings to block Michael Brown from being named head of the emergency agency blamed for the Hurricane Katrina disaster ignored; and was pushed to raise the security alert on the eve of President Bush’s re-election, something he saw as politically motivated and worth resigning over.

Dave Weigel, writing for the Washington Independent, notes that in the past, Ridge has denied manipulating security information for political reasons. In 2004, for example, he said, “We don’t do politics in the Department of Homeland Security.”

“What Tom Ridge disclosed confirms our worst suspicions,” said Sen. Lautenberg (D-N.J.), who criticized the color-coded system back in 2003. “Just like they did in Iraq, the Bush Administration manipulated intelligence to cause fear in the public to further its political goals.”

The Bush administration was forced to admit in the days after the 2004 alert that it was based on intelligence three or four years old. Officials then claimed there was a previously unmentioned “separate stream of intelligence” that justified the warning — but offered little tangible information to support their new story..

ThinkProgress recalls, the AP reported that “even ‘some senior Republicans’ privately questioned Ridge’s timing of a terror alert that came just three days after the Democratic National Convention.”

Ridge’s book, “The Test of Our Times: America Under Siege…and How We Can Be Safe Again,” comes out September 1.