Letters posted here are associated with the following article:

602
Letters
Thursday, July 9, 2009 12:00 AM

The significance of McClatchy's act of journalism

Yet another story reflects the danger of assuming the truth of unproven government claims and the use of anonymity.

The letters thread is now closed.

View:
Friday, July 10, 2009 09:50 PM

JD

Are you kidding or are you telling me to shut up because I don't agree with you?

AFAIK, dynamical systems is not a banned topic. Are you banning it?

Friday, July 10, 2009 10:14 PM

Also @JD

"oximoron [sic] chaos theory"? Since when is chaos theory an oxymoron? And go look at my comments. The closest thing I said to mentioning the butterfly effect was to make a crack about Ed Lorenz talking. The guy was fascinating. I assure you that chaos theory is a real subject, whether you or anyone else likes it or not.

If I ramble about metaphor, it's just fine. If I ramble about math, I'm suddenly a pariah. You have your world view, I have mine. And in mine, there isn't much difference between metaphor and mathematics.

Friday, July 10, 2009 10:32 PM

@Retzilian

It's the condescension most of us dislike, not the information.

Are you sure? Are you sure it isn't that I disagree with you? The things you say are tossed around a lot on this board and on others. I had mentioned a couple of days ago that I went looking for substantiation for all of it, because of two main thread in the received wisdom that were contradictory. The CIA did screw things up royally in Afghanistan. The CIA forbade any mention of heroin trade and the Taliban in the U.S. government, according to Ahmed Rashid, until 2005. The CIA bankrolled the warlords, including Dostum. The CIA fed and fell for screwed up intelligence from the region for 30 years. The CIA Directorate of Operations, or whatever they're calling it now, has a Guiness Book of World Records history for failure and fuck ups.

But they didn't finance their operation in Afghanistan on heroin (they used 100% U.S. taxpayer money and a lot of it), and they aren't involved in the heroin trade in South Afghanistan, and the Taliban, al Qaeda, and the ISI all are.

I sincerely apologize if you think I've been condescending. But you never thought so when we agreed, so I'm a bit hurt by that.

Friday, July 10, 2009 11:06 PM

Levin & Obama's Military Commissions: On the Senate floor Monday

The Party is programmed:

Mr. REID. I ask unanimous consent that on Monday, July 13, after the pledge, prayer, and any leader remarks, the Senate proceed to the consideration of Calendar No. 89, S. 1390, the Department of Defense Authorization bill.

The PRESIDING OFFICER. Without objection, it is so ordered.

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2009_record&page=S7253&position=all

Whereupon, the "For Me, But Not For Thee Height of Hypocrisy Act of 2010" is launched:

TITLE X--GENERAL PROVISIONS
Subtitle D--Military Commissions

[...]

(6) PRIVILEGED BELLIGERENT- The term 'privileged belligerent' means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.

(7) UNPRIVILEGED ENEMY BELLIGERENT- The term 'unprivileged enemy belligerent' means an individual (other than a privileged belligerent) who-

(A) has engaged in hostilities against the United States or its coalition partners; or

(B) has purposefully and materially supported hostilities against the United States or its coalition partners.

Sec. 948b. Military commissions generally

(a) Purpose- This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission.

[...]

Sec. 948c. Persons subject to military commissions

Any alien unprivileged enemy belligerent having engaged in hostilities or having supported hostilities against the United States is subject to trial by military commission as set forth in this chapter.

Sec. 948d. Jurisdiction of military commissions

A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the law of war, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.

[...]

Sec. 948r.

[...]

(b) Statements Obtained by Torture- A statement obtained by use of torture, whether or not under color of law, shall not be admissible in a trial by military commission under this chapter, except against a person accused of torture as evidence the statement was made.

(c) Statements Obtained Through Cruel, Inhuman, or Degrading Treatment- A statement in which the degree of coercion is disputed may be admissible in a trial by military commission under this chapter only if the military judge finds that--

(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value;

(2) the interests of justice would best be served by admission of the statement into evidence; and

(3) the interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd).

[...]

SUBCHAPTER VII--PUNITIVE MATTERS

Sec. 950p. [...]

(a) Definitions- In this subchapter:

(1) The term 'military objective' means combatants and those objects during an armed conflict which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or war-sustaining capability of an opposing force and whose total or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the circumstances at the time of an attack.

(2) The term 'protected person' means any person entitled to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel.

[...]

(b) Construction of Certain Offenses- The intent required for offenses under paragraphs (1), (2), (3), (4), and (12) of section 950w of this title precludes their applicability with regard to collateral damage or to death, damage, or injury incident to a lawful attack.

(c) Common Circumstances- An offense specified in this subchapter is triable by military commission under this chapter only if the offense is committed in the context of and associated with armed conflict.

[...]

Sec. 950w. Crimes triable by military commissions

The following offenses shall be triable by military commission under this chapter at any time without limitation:

(1) MURDER OF PROTECTED PERSONS-...
(2) ATTACKING CIVILIANS-...
(3) ATTACKING CIVILIAN OBJECTS-...
(4) ATTACKING PROTECTED PROPERTY-...
(5) PILLAGING-...
(6) DENYING QUARTER-...
(7) TAKING HOSTAGES-...
(8) EMPLOYING POISON OR SIMILAR WEAPONS-...
(9) USING PROTECTED PERSONS AS A SHIELD-...
(10) USING PROTECTED PROPERTY AS A SHIELD-...
(11) TORTURE-

(A) OFFENSE- Any person subject to this chapter who commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another [non-Muslim...] person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.

(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED- In this paragraph, the term 'severe mental pain or suffering' has the meaning given that term in section 2340(2) of title 18.

(12) CRUEL OR INHUMAN TREATMENT-...
(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY-...
(14) MUTILATING OR MAIMING-...
(15) MURDER IN VIOLATION OF THE LAW OF WAR-...
(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF WAR-...
(17) USING TREACHERY OR PERFIDY-...
(18) IMPROPERLY USING A FLAG OF TRUCE-...
(19) IMPROPERLY USING A DISTINCTIVE EMBLEM-...
(20) INTENTIONALLY MISTREATING A DEAD BODY-...
(21) RAPE-...
(22) SEXUAL ASSAULT OR ABUSE-...
(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT-...
(24) TERRORISM-...
(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM-...
(26) WRONGFULLY AIDING THE ENEMY-...
(27) SPYING-...
(28) CONTEMPT-...
(29) PERJURY AND OBSTRUCTION OF JUSTICE-...

http://thomas.loc.gov/cgi-bin/query/z?c111:S.1390:

This legislation (S. 1390; the House bill - H.R. 2647 - does not have Military Commissions language in it) was placed on the Senate calendar July 2nd during the Senate recess, five days before Levin's public hearing Tuesday on already-committee-passed Military Commissions language - which has obviously been long in the non-public making, somewhere, by someone.

Most Active Letters Threads

405

I'm thankful I'm not President Obama

Backers deride Katrina-style negligence, haters hate him more each day. Can this presidency be saved? Of course
320

Greg Craig and Obama's worsening civil liberties record

A new Time account of the fall of Obama's White House counsel sheds much light on rule of law issues.
313

Tough-guy John Bolton, hiding under his bed

As usual, right-wing pseudo-warriors are drowning in extreme cowardice.
153

Phil Carter's resignation from key detainee policy post

Many of the "War on Terror" policies he spent years condemning were ones expressly embraced by Obama.
85

The wrong response to ClimateGate

Whining about malicious invasions of privacy won't cut it in the war over global warming science

View all »

Letters Help

Currently in Salon