Category Archives: colonialism

Torture Gorsuch: looking at a single email

I’m reading through the pile of documents that Supreme Court nominee Neil Gorsuch provided to the Congress.  The documents show a legal advisor helping the Bush administration justify their torture policy.  Although being portrayed as a friendly frat guy, these documents suggest that Gorsuch is a more dangerous individual who is not qualified for the Supreme Court.   This essay is a discussion of a single email Gorsuch writes in a 2005  after his visit to the military detention facility in Guantanamo Bay Cuba.

The email is a message coordinating strategy to defend Guantanamo.  The email is to other lawyers who represented the positions of the Bush administration.  Gorsuch writes the email giving three suggestions about how to defend the use of the base in Guantanamo Bay as a detention, interrogation and torture facility.  His first suggestion is to destroy the evidence:

“1.  Camp X-Ray.  It serves no current purpose, is overgrown and decaying.  Gen Hood would understandably like to tear it down.  Of course, there may be some evidentiary concerns with this, but can we at least tee this up for a prompt resolution?  Eg — notify counsel of our intent to remove it or seek advance court authorization?”

-Neil Gorsuch, released email from November 10, 2005.  “GTMO trip”

His suggestion to tear down camp X-Ray suggests a desire to cover the nastier parts of the torture at Guantanamo.  Gorsuch’s first suggestion when he returns from a trip to Guantanamo Bay is to destroy the original detainee holding facility despite noting: “Of course, there may be some evidentiary concerns with this . . . ”

This memo is from November 2005.  A couple of months earlier a federal judge had ruled that Camp X-Ray was protected as evidence.   Here is Carol Rosenberg, in the Miami Herald reporting on the legal stakes of destroying Camp X-Ray:

“In July 2005, U.S. District Judge Richard Roberts became the first federal judge to impose a protective order on Guantánamo, ordering the government to “preserve and maintain all evidence, documents and information.”

At the time, the Bush administration argued that courts had no right to meddle in what the White House wanted done here.

Defense Department lawyers interpreted it to mean that nobody should touch Camp X-Ray, even though it officially closed in April 2002, leaving it a ramshackle rot of plywood interrogation huts and cage-like cells engulfed in weeds and wildlife droppings.

For now, that’s where plans for closure start. The FBI team that spent a week earlier this month creating digital imagery did it for Pentagon lawyers, who will ask federal judges if they will accept imagery as a substitute.

But defense lawyers don’t want anything removed or razed.

First, dozens of captives are still suing for their freedom in federal court and their lawyers say their confinement could be used to challenge confessions as bogus, coerced, whether they are tried in the future or set free.

Later, some may want to sue the U.S., said New Mexico criminal attorney Nancy Hollander, who argues that her Mauritanian client Mohammedou Slahi, 38, was subjected to “cruel, inhuman and degrading treatment” at Guantánamo. Never been charged with a crime, he is suing for his freedom.

Detention center staff defend their work as “safe, humane and transparent,” even as they declare portions of the prison camps off-limits to media and lawyers.

But, says Hollander: “I think they should preserve it all. Camp X-Ray figures in too many cases in terms of how people were treated, how people were interrogated.”

“There are interrogation rooms throughout Guantánamo’s prison system. There are loudspeakers. There are strobe lights. The bottom line for me is that Guantánamo is a crime scene and that it should be preserved.”

Moreover, she said, Slahi was moved around the base in blindfolds — at one point taken into the bay on a boat and threatened with death. He says U.S. forces beat him, subjected him to a systematic campaign of sleep deprivation and threatened his family. If she ever gets to look at intelligence logs of his interrogations, she may want to send investigators to examine the sites.

“Many of those things are violations of the conventions against torture,” she said. “And I believe he was tortured, and he received cruel and degrading treatment in violation of the law. There may be civil suits.”

– Carol Rosenberg, Miami Herald November 15, 2009.  http://www.miamiherald.com/news/americas/guantanamo/v-print/story/1335533.html

This couple of years are the apex of political and legal scrutiny on the Bush Torture policies.  And they were Gorsuch’s responsibilty.  Charlie Savage explains in the New York Times:

“Judge Gorsuch’s time in the executive branch was brief. He joined the Justice Department in June 2005 as the principal deputy associate attorney general, meaning he was the top aide to the No. 3 official in the department. He left in August 2006, when Mr. Bush appointed him as a federal appeals court judge in Denver.

But those 14 months were tumultuous ones for the Bush administration amid controversies over detainee abuses, military commissions, warrantless surveillance and its broad claims of executive power. Judge Gorsuch’s job put him at the center of both litigation and negotiations with Congress over legislation about such topics.

References to those efforts may offer clues to Judge Gorsuch’s approach to the sort of national-security and executive power issues that rarely come before his appeals court but can be crucial at the Supreme Court.”

– Charlie Savage.  “Neil Gorsuch helped defend disputed Bush-era torture policies.” New York Times, March 15, 2017.

Gorsuch, fresh back from Guantanamo zips off a 3 point memo to provide more robust support for Guantanamo.  He casually suggests destroying camp X-Ray despite the legal prohibition to do so.  Why might a Bush Administration lawyer hope to protect Guantanamo from legal scrutiny?  Oh yeah, turns out the CIA was running a top-secret torture detention facility out of Guantanamo.  Here is Carol Rosenberg in the Miami Herald in 2014:

“In 2004, as the U.S. Supreme Court was poised to let Guantánamo captives consult lawyers for the first time, the CIA spirited some men who now face death-penalty trials from a clandestine lockup at the U.S. Navy base — and didn’t tell Congress.

Two years later, even as President George W. Bush announced at the White House Rose Garden that the spy agency had transferred its most prized captives to Guantánamo for trial, the alleged al-Qaida terrorists were still under control of the CIA.

The release of 524 pages of the 6,700-page Senate Intelligence Committee report confirms for the first time that the CIA used Guantánamo as a black site — and continued to run the prison that held the alleged 9/11 mastermind Khalid Sheik Mohammed and 13 other men even as the Pentagon was charged to prosecute them.

It also offers graphic details that the U.S. government has hidden from view in the pretrial hearings of six captives it seeks to execute — about the sexual torture and Post Traumatic Stress Disorder of the alleged USS Cole bomber and why a sickly looking accused 9/11 conspirator sits on a pillow at court proceedings.

But it does not resolve whether the spy agency that systematically hid its prized interrogation program from court and congressional scrutiny has ceded control to the U.S. military of the secret facility where the men are imprisoned. And, if so, when?

“I would find it hard to believe that they let go. Throughout this entire program, the CIA is running from the law at every turn,” says Navy Cmdr. Brian Mizer. He calls the revelation that his client, Abd al Rahim al Nashiri, the accused planner of the USS Cole bombing, “had a tube inserted into his anus” tantamount to rape.”

– Carol Rosenberg, Miami Herald.  December 11, 2014. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article4434603.html

Gorsuch consistently ran interference and helped to cover-up the potential crimes of Guantanamo.  That original quote is a grotesque artifact and it is just a single paragraph.  Gorsuch leans so heavily in favor of the Republican President of the time this email is a documentation of his hustle to find justifications and run interference.

In this same November 10, 2005 email Gorsuch suggests bringing federal judges to Guantanamo to sway their opinion of Guantanamo.  Gorsuch writes:

“2.  Judges trip.  If the DC judges could see what we saw, I believe they would be more sympathetic to our litigating positions.  Even if habeas counsel objected to such a trip, that might not be a bad thing.  What do they want to hide, a judge might ask?  Habeas counsel have been eager to testify (sometimes quite misleadingly) about conditions they’ve witnessed; a visit, or even just the offer of a visit, might help dispel myths and build confidence in our representation to the court about conditions and detainee treatment. Of course there are countervailing considerations — e.g., can judges come take a view under such circumstances?  do any judicial ethical considerations exist?  who bears the costs?  (. . . )”

-Neil Gorsuch, released email from November 10, 2005.  “GTMO trip”

Gorsuch’s bias to defend Guantanamo at all costs and to sway judges seems offensive to me.  Federal judges have been the only realistic check on potential abuses at the facility.   Is Gorsuch trying to prevent rulings such as the judge who ordered Camp X-Ray be preserved as evidence?  It seems this way.

Neil Gorsuch is a danger to the United States.  President Trump has widely called for an expansion of the use of Guantanamo.  Including at times for illegally sending United States citizens to Guantanamo.  Here William Finnegan explains in the New Yorker:

President Donald Trump has never been particularly lucid on the subject of the military prison at Guantánamo Bay, Cuba. He is for it, of course. Early last year, at a campaign rally, he said, “I watched President Obama talking about Gitmo, right, Guantánamo Bay, which, by the way, which, by the way, we are keeping open. Which we are keeping open . . . and we’re gonna load it up with some bad dudes, believe me, we’re gonna load it up.” This cartoonish threat raised the question of where or in which putative wars the United States would find these new inmates. Trump seemed to think, in a later interview, that he could send Americans accused of terrorism to Guantánamo to be tried by military commissions. But American citizens cannot, by law, be held at Guantánamo. Details, for Trump.

– William Finnegan. “President Trump’s Guantánamo Delusion” New Yorker http://www.newyorker.com/news/daily-comment/president-trumps-guantanamo-delusion

Gorsuch seems to be a torture-leaning, executive branch yes-man in this email.  The United States must have a robust Supreme Court who can prevent or respond to illegal presidential actions.  Sadly, Gorsuch has shown us that he is not that judge.

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Filed under colonialism, communication, human rights, prisons, propaganda, punishment, representation, sexual assault, Surveillance

Technology extending activism #blacklivesmatter

1.  Thanks to Feministing for the best framing of the uprising in Baltimore.  I appreciate the foregrounding of gender, class, and the juxtaposition of Wholefoods feeding the National Guard and community members organizing (through technology) to feed local kids.

2.  The New York Times seems to think that activism documented through the internet focusing on police violence is a new thing.  It isn’t, but Jay Caspian Kang’s write up of the radicalization of the leaders of this movement is a useful connection point.  Here Kang outlines the articulation of long-standing injustices into first-person experiences of tear-gas saturated outrage in Ferguson.

Mckesson was radicalized that night. “I just couldn’t believe that the police would fire tear gas into what had been a peaceful protest,” he told me. “I was running around, face burning, and nothing I saw looked like America to me.” He also noticed that his account of that night’s tear-gassings, along with a photo he took of the rapper J. Cole, had brought him quite a bit of attention on Twitter. Previously, Mckesson had used the social-media platform to post random news articles that interested him, but now he was realizing its documentary power. He quickly grasped that a protester’s effectiveness came mostly from his ability to be present in as many places as possible: He had to be on West Florissant when the police rolled up in armored vehicles; inside the St. Louis coffee shop MoKaBe’s, a safe haven for the protesters in the city’s Shaw neighborhood, when tear gas started to seep in through the front door; in front of the Ferguson Police Department when shots rang out. He had to keep up a steady stream of tweets and carry around a charger so his phone wouldn’t die.

via ‘Our Demand Is Simple: Stop Killing Us.’ – NYTimes.com.

 

 

 

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Filed under colonialism, communication, do-it-yourself, human rights, juxtaposition, media, memorial, police, protest, representation, resistance, technology

Make this the year YOU discover a new destination!

Excellent visual argument about Palestine.  Compelling visuals, crisp juxtaposition and significant argument about the importance of graffiti.

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Filed under capitalism, colonialism, critique, do-it-yourself, graffiti, human rights, juxtaposition, media, propaganda, protest, representation, resistance, vulnerability

Americans are vampires: Ebola edition

I ran across a Boing Boing post where they point out that two American missionaries who contracted Ebola appear to have saved by an experimental treatment.  CNN describes the situation:

Its a story that could have come from a cinematic medical thriller: Two American missionary workers contract Ebola. Their situation is dire. Three vials containing a highly experimental drug are flown into Liberia in a last-ditch effort to save them. And the drug flown in last week appears to have worked, according to a source familiar with details of the treatment.Dr. Kent Brantlys and Nancy Writebols conditions significantly improved after receiving the medication, sources say. Brantly was able to walk into Emory University Hospital in Atlanta after being evacuated to the United States last week, and Writebol is expected to arrive in Atlanta on Tuesday.

via Ebola drug likely saved American patients – CNN.com.

1.   Starting in March 2014, Ebola started to be seen in West Africa.  More than 1600 Africans have shown up sick with more than half of those infected dying.  None of these people got a last-minute salvation.

2.  Everyone in the world has to be terrified of Ebola.  It is one of the most scary diseases I’ve ever heard about.  The notion that a pharmaceutical company in San Diego had a treatment that seems to have worked that was never shared with dying African people is offensive.

3.  I can only imagine what this looks like to people in Guinea, Sierra Leone and Liberia.

4.  The cure had to be pried out of the hands of a for-profit pharmaceutical corporation.  Turns out the months of Africans dying wasn’t sufficient incentive to release the treatment.   So how did these two white American missionaries find out about this miracle treatment?  CNN explains that the missionary charity (Samaritans Purse) made the connection:

As the Americans conditions worsened, Samaritans Purse reached out to a National Institutes of Health scientist who was on the ground in West Africa, according to the National Institute of Allergy and Infectious Diseases.”The scientist was able to informally answer some questions and referred them to appropriate company contacts to pursue their interest in obtaining the experimental product,” NIAID said.The experimental drug, known as ZMapp, was developed by the biotech firm Mapp Biopharmaceutical Inc., which is based in San Diego. The patients were told that the treatment had never been tried before in a human being but had shown promise in small experiments with monkeys.

via Ebola drug likely saved American patients – CNN.com.

5.  You might call these Americans vampires.  Back from the dead saved by the magical blood of the sacrifices of those who came before them:

The medicine is a three-mouse monoclonal antibody, meaning that mice were exposed to fragments of the Ebola virus and then the antibodies generated within the mices blood were harvested to create the medicine. It works by preventing the virus from entering and infecting new cells.

via Ebola drug likely saved American patients – CNN.com.

The rush of resources and last-minute miracle part of this narrative is worth talking more about.  But also the sacrifices of the mice, monkeys and the dead Africans have to be considered when thinking about these two saved missionaries.

I think this makes visible the hierarchy of human bodies — the idea that some people count more than others.

Worth noting that the Wall Street Journal reports that one of the Americans was also given a blood transfusion from an African Ebola survivor.

Dr. Brantly and Ms. Writebol began receiving supportive care as soon as they were diagnosed, according to their respective charities. Dr. Brantly also got a blood transfusion from a 14-year-old boy who survived Ebola under Dr. Brantlys care, in the hope that antibodies would help him, too, fight off the virus. Both Dr. Brantly and Ms. Writebol received an experimental serum, the charities said, though they didnt specify what the treatment was.

via U.S. Ebola Virus Patient Being Treated in Atlanta Faces Crucial Days – WSJ.

6.  Some people might ask: ‘don’t you think it’s worth it? Having a potential cure for Ebola is more important than any of these complaints about how the drug got made or released?

I would respond that the harm is done.  Any attempt to justify this kind of hierarchical violence is probably worth noting in itself as evidence of a pernicious desire in the questioner to defend the pharmaceutical company.

Of course I wish for a cure for Ebola and am glad that a treatment seems to be in the works.  I hope for an immediate and full distribution of this new treatment to everyone who has Ebola.

I haven’t seen any leader or press report advocating that the drug should be shared with other dying people.

It is always worth thinking about how we do things.   Few would deny that injustices are done in the name of best intentions.   And we should examine how CNN and the Wall Street Journal write about a phenomenon.

The Wall Street Journal  reports that the death rate of those who get Ebola is one reason why researching a cure isn’t a priority:

There are several vaccines and drug treatments in development and testing for Ebola, but none have been approved by regulators. Commercializing them is a challenge given that Ebola is a rare disease, said Thomas Geisbert, who works on potential Ebola vaccine platforms as a researcher at the University of Texas Medical Branch at Galveston.”Ebola is very rare—there is not a financial incentive for large pharmaceutical companies to make vaccines for Ebola,” he said. “Its really going to require government agencies or a foundation.”

via U.S. Ebola Virus Patient Being Treated in Atlanta Faces Crucial Days – WSJ.

7.  I’m glad that someone helped to save these two people’s lives.  Here is hoping that same impulse counts for everyone else in the world.

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Filed under Animals, capitalism, colonialism, communication, disaster, drugs, health, media, race, representation, rhetoric, technology

Food, authenticity and cultural appropriation

Thanks to Bitch Media for the comic frame.

Shing Yin Khor has a wonderful comic about cultural appropriation and food at Bitch Media.  Five stars.

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Filed under art, colonialism, cultural appropriation, food, representation

Eating, ecosystems, settlers and loss

From an Orion essay by J. B. MacKinnon

The wild plants and animals that used to feed us are akin to keystone species, which give structure to entire ecological communities. Wild foods were the tethers that tied us to whole habitats. Forget the taste of acorns and it becomes reasonable to fragment the unbroken oak forests that, besides people, fed tens of millions of passenger pigeons. Fish the shad into obscurity and there is less of a case to be made against damming the rivers of the Eastern Seaboard, or using them as dumping grounds for industrial pollution. Stop gathering the edible flower bulbs of the Rocky Mountains, and abandon the clearest argument against grazing those meadows to nubs. To stand in for such distinct foods of place, there will be, wherever you may roam, broiler chickens from Georgia, Texas beef, Idaho’s famous potatoes.

via Appetite of Abundance: On the Benefits of Being Eaten | Longreads.

Despite the nostalgic tone, I think MacKinnon has a strong argument about the loss from changing ecosystems to support settler food habits.

The most dramatic example is surely the Great Plains, where tens of millions of plains bison have been replaced by 45 million cattle—a straight swap of buffalo steaks for beef burgers. Yet so much more had to change as well. Ninety percent of the tallgrass and shortgrass prairies, fueled by sunshine and watered by rainfall, was ultimately replaced by hard-grazed cattle range and farm-raised crops—often for livestock feed—that require fifty gallons of oil per acre and the irrigation of more than 20 million acres of land. With the vanishing of the bison began the slow fade of an estimated 100 million wallows that the pawing, rolling animals eroded into the grasslands, creating ephemeral water pools in the wet seasons and dust basins in the dry. As the wallows declined, so did the spadefoot and Great Plains toads that gathered to breed in them; so did the grasslands song of the western chorus frog; so did birds like the McCown’s longspur and mountain plover, the latter so fond of prairie balds that they’re now known to nest, with predictable risk, on farmers’ bare fields.

Without bison calves and carcasses to feed on, the plains grizzly faded not only from the landscape but also from memory. Gone, too, is the strange reciprocal relationship between bison and prairie dogs, with the bison mowing down the grass to make way for prairie dog colonies, which in turn improve the quality of forage for bison. The two animals’ fates were joined: wild bison now roam just 1 percent of their former range; prairie dogs number 2 percent of their former population. The buffalo bird, which once fed on insects spooked into the air by bison herds, simply came up for a name change. Today, it’s the cowbird.

via Appetite of Abundance: On the Benefits of Being Eaten | Longreads.

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Filed under Animals, colonialism, food, memorial, Native, nature