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… with liberty and justice for all??

August 18th, 2007

I. Lewis “Scooter” Libby got a pass because he’d “suffered enough” — Jose Padilla got brain damage and a probable life of incarceration.

First and foremost, let’s remember that Jose Padilla is a United States citizen; second, third and fourth — let’s remember that Jose Padilla is a United States citizen!

I had the Amy Goodman interview all nicely formatted and it suddenly disappeared, as did this American citizens legal and civil rights — so I’ll leave it to you to open the link in the third piece to hear from the psychiatrist that did many hours of assessment on Jose.

The real shame of all this is that much of the public still doesn’t recognize how shameful it actually is.

Jude

The Real Verdict on Jose Padilla
Jenny S. Martinez, WaPo
Friday, August 17, 2007

The conclusion of Jose Padilla’s criminal trial in a federal court yesterday shows that waging the “war on terror” does not require giving up our constitutional values or substituting military rule for the rule of law. The jury’s guilty verdict should be appealed, but the verdict on the Constitution is in: We should keep it.

Padilla is a U.S. citizen who was arrested in Chicago in May 2002, pursuant to a warrant to testify before a grand jury. He was held in civilian custody in New York for a month, but on the eve of a hearing in federal court, President Bush declared Padilla an “enemy combatant.” At that point, Padilla was whisked out of the civilian justice system and imprisoned in a South Carolina military brig. Then-Attorney General John Ashcroft held a news conference to announce that the government had thwarted a plot by Padilla to set off a radiological “dirty bomb” in an American city.

Anyone who has seen a cop show in recent decades knows what rights people in America usually have when arrested: the right to remain silent and the right to an attorney. Not Padilla.

For nearly two years, Jose Padilla was denied all access to his lawyers, his family and the court system. The Bush administration claimed that he could be held without trial until the end of its “war on terror.” Allowing Padilla to talk to a lawyer or know that a court was considering his case, the government argued, would threaten national security. Meanwhile, the government was working to create a relationship of complete “dependency” between Padilla and his interrogators, who were busy trying to torture a confession out of him.

As court filings indicate, Padilla was allegedly subjected to sleep deprivation, stress positions and extreme temperatures. Worse, he was held without human contact, without a clock or even natural light — with no way to know how quickly or slowly time was passing. When he was removed from his cell to visit a dentist, goggles and earmuffs were placed on him. Psychologists have long reported that extreme sensory deprivation is one of the quickest ways to drive people mad — and make them willing to confess to anything.

The case challenging the constitutionality of Padilla’s detention was in the federal courts for several years. It reached the Supreme Court in 2004, at which point the government finally allowed him to speak to a lawyer. But the high court did not review the merits; instead, it ruled on a technicality that the case should have been brought in South Carolina, not New York. Litigation continued and nearly reached the Supreme Court again in late 2005. By then, the administration had begun soft-pedaling the “dirty bomb” story, which it described as “loose talk” rather than an imminent plot. It put forward a new theory: Padilla was planning to blow up apartment buildings with natural gas. The government also argued that he could be detained as an “enemy combatant” because, it alleged, he had been in Afghanistan during the U.S. bombing campaign in late 2001.

Two business days before the government’s brief was due in the Supreme Court, the administration switched tactics again. Fearful that the court would rule that a U.S. citizen arrested in the United States could not constitutionally be detained forever without criminal trial, the government announced that Padilla would be tried in a federal court in Miami. As the U.S. Court of Appeals for the 4th Circuit noted, the government’s actions made it appear that it was trying to evade Supreme Court review.

The charges brought in Miami contained none of the allegations about the dirty-bomb plot, the apartment buildings or even Padilla’s presence in Afghanistan in late 2001. Instead, the government alleged that Padilla had conspired in the 1990s to provide support to overseas jihadists in Bosnia and Chechnya. Commentators called even this weaker case notably thin, but Padilla was found guilty.

Padilla’s fate, pending appeal, remains unknown. Also unknown is whether the courts will ever definitively rule on the legality of the government’s mistreatment of Padilla during his four years of military detention. But some things are certain:

The trial showed that our federal courts are perfectly capable of dealing with terrorism cases. A federal judge presided over the five-month trial of Padilla and his co-defendants with great care for both the rights of the defendants and for national security. The Bush administration has claimed since Sept. 11 that the federal courts cannot be trusted with terrorism matters. It has argued that we should scrap our centuries-old constitutional protections and replace our system of checks and balances with one awarding the executive complete discretion to lock up whomever he wants, for however long he deems appropriate. The Founders rejected that kind of arbitrary and oppressive power. And the federal court in Florida has shown how weak the administration’s case for abandoning the Constitution really is.

The writer, a law professor at Stanford University, represented Jose Padilla before the Supreme Court in 2004 and is his attorney in a civil case regarding his treatment while detained.

More on the Padilla Legal Atrocity
Dave Lindorff, BuzzFlash
Fri, 08/17/2007

Maybe American citizen Jose Padilla really was anxious to become a fifth-columnist terrorist in America. But the U.S. government never made that case. Unprincipled federal prosecutors simply won a conviction by playing on jurors’ fears.

As The New York Times reports, the “only evidence” presented at Padilla’s trial was a faded application form allegedly filled out by Padilla in the year 2000 to attend an Al Qaeda training camp in Afghanistan.

Now recall that in 2000, Al Qaeda was primarily supplying fighters to help the Taliban government in Afghanistan to fight warlords who were seen as still beholden to or allied with the Russians.

This puts Padilla in company with another American, John Walker Lindh, who in August 2001, a month before the 9-11 attacks that suddenly made America a mortal enemy of the Taliban government, was actually in Afghanistan fighting with Al Qaeda troops against those same warlords.

Lindh, as I’ve written several times, was no enemy of America, as he was famously portrayed upon his highly publicized arrest in Afghanistan by American troops and by U.S. Attorney General John Ashcroft, who called him “the American Taliban.” Rather, he was a kid who had been caught in a bad place when American suddenly went to war against Afghanistan. Part of an Al Qaeda/Taliban force, he suddenly found himself targeted by American forces, but stuck in the wilds of the Hindu Kush, he had no realistic opportunity to up and leave.

For that unfortunate bit of bad timing, Lindh, tortured by the U.S. military and the CIA for weeks before being brought to the U.S. to face trial, is now serving 15 years of hard time in federal prison, with the added burden of a 15-year gag order barring him from talking about his ordeal.

Padilla, of course, suffered much worse at the hands of his American captors than did Lindh, who was only left severely injured and untreated, and duct-taped to a gurney in a dark, sealed shipping container for two weeks, save for an hour of daily torture, interrogation, and feeding. Padilla was held incommunicado for 3½ years in a solitary cell of a U.S. naval base in South Carolina. When he was removed for interrogations or medical treatment, he was blinded with opaque goggles and had ear muffs to blot out all sound, and shackeled hand and foot.

Under those conditions, he reportedly lost his mind. It is unclear whether he will ever regain his sanity, according to experts who have examined him.

All this abuse and unconstitutional treatment, and he may not be guilty of anything, except perhaps wanting to go and fight for Islam (a religion to which he had recently converted) in 2000 in Afghanistan, at a time that the U.S. was actually cozying up to the Taliban regime. (One government intelligence report on the case even suggests that the idea of building and detonating a “dirty nuke” bomb in the U.S. was something Padilla concocted as a ruse to allow him to get out of the Al Qaeda camp he was stuck in.)

After Padilla’s conviction, President Bush, who ordered Padilla held without charge, without access to a court, and without access to even a lawyer, in contravention of all Constitutional requirements, had the audacity to congratulate the jury for “upholding a core American principle of impartial justice for all.” (If, by some happy circumstance, Bush is ever actually impeached, removed from office, and indicted for his many crimes, he should pray that he isn’t offered the same “justice” which he and his criminal administration afforded to Padilla.)

If Padilla’s trial was the model for the justice that is in store for Americans henceforth, we’re all in serious danger. This trial was nothing short of an atrocity, from the day of Padilla’s arrest to the day of his conviction. It will, I am sure, go down in history with the Dreyfus Case and other infamous miscarriages of justice as examples of unalloyed tyranny. Sadly, with the courts packed with Federalist clones, the likelihood of this being rectified on appeal is next to nil.

It is time for a new cry for justice: “Restore the Constitutional Right to a Fair Trial! Free John Lindh and Jose Padilla!”

Reflections On Padilla
Lewis Z. Koch, FireDogLake
Thursday, August 16th, 2007

Looking back, there was a part of the trial I “missed” and thus couldn’t share with you or comment upon. It happened before the trial itself actually started. I think if I had been as aware of it then as I am now, I would have forecast a much gloomier conclusion.

The issue centered around the question if Padilla was psychologically able to help his attorneys in his defense, whether he was mentally competent. Let Miami Herald reporter Fred Grimm, as he did January 18, 2007:

But it was the short trip down the hallway for a dental examination that captured the utter isolation and sensory deprivation inflicted on Jose Padilla during his 3 ½ years in the Navy brig at Charleston, S.C.

Helmeted guards, their faces obscured behind dark plastic visors, manacled his hands and feet through slots in his cell door. They covered his ears with sound-canceling headphones, covered his eyes with blacked-out goggles.

Padilla, mind you, has been described by his jailers as docile “as a piece of furniture.”

At that point, after months of a dehumanizing interrogation regime, any useful information had long been squeezed from him.

Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y. and assistant professor of clinical psychiatry at Columbia University examined Padilla for a total of 22 hours. Thanks to an ironic twist of fate and timing, the very day the Padilla verdict came in, Democracy Now Amy Goodman, host and executive producer of Democracy Now! and co-host Juan Glonzales conducted an exclusive interview with Dr. Hegarty.

Padilla had refused to speak with his attorneys and they knew expert psychiatric help was necessary. Dr. Hegarty was called in:

The second thing was his absolute state of terror, terror alternating with numbness…It was as though the interrogators were in the room with us. He was like…a trauma victim who knew that they were going to be sent back to the person who hurt them and that he …would subsequently pay a price if he revealed what happened…

In this very small cell, he was monitored twenty-four hours a day, and the doors were managed electronically….He had no way of knowing the time. The light was always artificial. The windows were blackened. He had no calendar or time, as you mentioned earlier. He really didn’t see people, especially in the beginning. He only had contact with his interrogators. (LZK Note: Padilla had to be charged with a crime. He was experiencing this as a presumed innocent man.)

AMY GOODMAN: Did you conclude he had been tortured?

DR. ANGELA HEGARTY: Well, “torture,” of course, is a legal term. However, as a clinician, I have worked with torture victims and, of course, abuse victims for a few decades now, actually. I think, from a clinical point of view, he was tortured.

This was the first time I ever met anybody who had been isolated for such an extraordinarily long period of time. I mean, the sensory deprivation studies, for example, tell us that without sleep, especially, people will develop psychotic symptoms, hallucinations, panic attacks, depression, suicidality within days. And here we had a man who had been in this situation, utterly dependent on his interrogators, who didn’t treat him all that nicely, for years. And apart from — the only people I ever met who had such a protracted experience were people who were in detention camps overseas, that would come close, but even then they weren’t subjected to the sensory deprivation. So, yes, he was somewhat of a unique case in that regard.

AMY GOODMAN: How afraid was Jose Padilla?

DR. ANGELA HEGARTY: How to capture that in an apt metaphor? He was terrified. For him, the government was all-powerful. The government knew everything. The government knew everything that he was doing. His interrogators would find out every little detail that he revealed. And he would be punished for it.

He was convinced that — I mean, I think in words he endorsed — even if he won his case, he lost, because he was going back to the brig if he managed to prevail at trial. And essentially, if hypothetically one were to offer him a really long prison sentence versus — with a guarantee that he wouldn’t go back to the brig — versus risking going back to the brig, the chance that he might go back to the brig, he would take the prison sentence for a very long period of time. I think he would take almost anything rather than go back to that brig.

AMY GOODMAN: What happened in the brig?

DR. ANGELA HEGARTY: What happened at the brig was essentially the destruction of a human being’s mind. That’s what happened at the brig. His personality was deconstructed and reformed.

One of the things that came out in the course of my evaluation was, he was required to sign his name John Doe. This kind of thing and the whole notion of dependency and the cultivation of dependency, the impact of sleep deprivation, stress positions, all of that was so coordinated it’s impossible for me to imagine that at least at some phase there wasn’t some mental health professionals involved.

JUAN GONZALEZ: And what was the reason for wanting to have him sign his name John Doe?

DR. ANGELA HEGARTY: He’s no longer a person. He’s no longer an individual. There will be no record that he was ever there, that the interrogators — this is from my knowledge of torture around the world — that the interrogators essentially will be absolutely immune to any accountability.

Read the entire interview for yourself.

You be the judge, not Judge Cooke. What’s your verdict?

“So keep fightin’ for freedom and justice, beloveds, but don’t you forget to have fun doin’ it. Lord, let your laughter ring forth. Be outrageous, ridicule the fraidy-cats, rejoice in all the oddities that freedom can produce. And when you get through kickin’ ass and celebratin’ the sheer joy of a good fight, be sure to tell those who come after how much fun it was.”
~ Molly Ivins, 1944 - 2007

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