The unveiling of Mark Felt as "Deep Throat", the inside source who leaked key information to Woodward and Bernstein during their investigations of the Watergate scandal, presented an opportunity for a timely appraisal of the current relationship between America's media and its government. Frank Rich of the New York Times stepped up to the plate with aplomb:-
Three years ago, on Watergate's 30th anniversary, an ABC News poll found that two-thirds of Americans couldn't explain what the scandal was, and no one was racing to enlighten them this time around.
Had the scandal been vividly resuscitated as the long national nightmare it actually was, it would dampen all the Felt fun by casting harsh light on our own present nightmare...The current administration, a second-term imperial presidency that outstrips Nixon's in hubris by the day, leads the attack, trying to intimidate and snuff out any Woodwards or Bernsteins that might challenge it...
The attacks continue to be so successful that even now, long after many news organizations, including The Times, have been found guilty of failing to puncture the administration's prewar W.M.D. hype, new details on that same story are still being ignored or left uninvestigated. The July 2002 "Downing Street memo," the minutes of a meeting in which Tony Blair and his advisers learned of a White House effort to fix "the intelligence and facts" to justify the war in Iraq, was published by The London Sunday Times on May 1. Yet in the 19 daily Scott McClellan briefings that followed, the memo was the subject of only 2 out of the approximately 940 questions asked by the White House press corps, according to Eric Boehlert of Salon.
This is the kind of lapdog news media the Nixon White House cherished. To foster it, Nixon's special counsel, Charles W. Colson, embarked on a ruthless program of intimidation that included threatening antitrust action against the networks if they didn't run pro-Nixon stories. Watergate tapes and memos make Mr. Colson, who boasted of "destroying the old establishment," sound like the founding father of today's blogging lynch mobs. He exulted in bullying CBS to cut back its Watergate reports before the '72 election. He enlisted NBC in pro-administration propaganda by browbeating it to repackage 10-day-old coverage of Tricia Nixon's wedding as a prime-time special. It was the Colson office as well that compiled a White House enemies list that included journalists who had the audacity to question administration policies.
Such is the equivalently supine state of much of the news media today that Mr. Colson was repeatedly trotted out, without irony, to pass moral judgment on Mr. Felt - and not just on Fox News, the cable channel that is actually run by the former Nixon media maven, Roger Ailes. "I want kids to look up to heroes," Mr. Colson said, oh so sorrowfully, on NBC's "Today" show, condemning Mr. Felt for dishonoring "the confidence of the president of the United States." Never mind that Mr. Colson dishonored the law, proposed bombing the Brookings Institution and went to prison for his role in the break-in to steal the psychiatric records of The Times's Deep Throat on Vietnam, Daniel Ellsberg. The "Today" host, Matt Lauer, didn't mention any of this - or even that his guest had done jail time. None of the other TV anchors who interviewed Mr. Colson - and he was ubiquitous - ever specified his criminal actions in the Nixon years. Some identified him onscreen only as a "former White House counsel."
Had anyone been so rude (or professional) as to recount Mr. Colson's sordid past, or to raise the question of whether he was a hero or a traitor, the genealogical line between his Watergate-era machinations and those of his present-day successors would have been all too painfully clear. The main difference is that in the Nixon White House, the president's men plotted behind closed doors. The current administration is now so brazen it does its dirty work in plain sight.
In the most recent example, all the president's men slimed and intimidated Newsweek by accusing it of being an accessory to 17 deaths for its errant Koran story; led by Scott McClellan, they said it was unthinkable that any American guard could be disrespectful of Islam's holy book. These neo-Colsons easily drowned out Gen. Richard Myers, the chairman of the Joint Chiefs of Staff, and Afghanistan's president, Hamid Karzai, both of whom said that the riots that led to the 17 deaths were unrelated to Newsweek. Then came the pièce de résistance of Nixon mimicry: a Pentagon report certifying desecrations of the Koran by American guards was released two weeks after the Newsweek imbroglio, at 7:15 p.m. on a Friday, to assure it would miss the evening newscasts and be buried in the Memorial Day weekend's little-read papers.
At other times the new Colsons top the old one. Though Nixon aspired to punish public broadcasting by cutting its funding, he never imagined that his apparatchiks could seize the top executive positions at the Corporation for Public Broadcasting. Nor did he come up with the brilliant ideas of putting journalists covertly on the administration payroll and of hiring an outside P.R. firm (Ketchum) to codify an enemies list by ranking news organizations and individual reporters on the basis of how favorably they cover a specific administration policy (No Child Left Behind). President Bush has even succeeded in emasculating the post-Watergate reform that was supposed to help curb Nixonian secrecy, the Presidential Records Act of 1978.
THE journalists who do note the resonances of now with then rarely get to connect those dots on the news media's center stage of television. You are more likely to hear instead of how Watergate inspired too much "gotcha" journalism. That's a rather absurd premise given that no "gotcha" journalist got the goods on the biggest story of our time: the false intimations of incipient mushroom clouds peddled by American officials to sell a war that now threatens to match the unpopularity and marathon length of Vietnam.
Only once during the Deep Throat rollout did I see a palpable, if perhaps unconscious, effort to link the White House of 1972 with that of 2005. It occurred at the start, when ABC News, with the first comprehensive report on Vanity Fair's scoop, interrupted President Bush's post-Memorial Day Rose Garden news conference to break the story. Suddenly the image of the current president blathering on about how hunky-dory everything is in Iraq was usurped by repeated showings of the scene in which the newly resigned Nixon walked across the adjacent White House lawn to the helicopter that would carry him into exile.
It is difficult for those of us who are too young to remember the Watergate scandal to imagine how many chips need to be taken from the edifice before reluctant President can be forced into resignation. At least in this one sense of the word President Bush would currently seem to be "unimpeachable". But the example set by Woodward and Bernstein shows that those with formidable guts and tenacity can still blow holes in the defences of those in high office, however unlikely it may seem at the outset.
Those on the political right of the blogosphere have shown how the internet provides new collective means for fact-checking, investigative journalism and lobbying for the facts to be heard. The increasingly fawning US broadcast media has proved itself less friendly to the progressive blogging community , but the success of the campaign to keep the Downing Street Memo story provides some hope for those keen to hold the Bush administration to account.
The route to the top for any aspiring Bob Woodwards looking to topple the current leadership is outlined in an article by Matthew Rothschild in this month's Progressive Magazine. The trail begins with Lieutenant General Ricardo Sanchez:-
When [Sanchez] testified before the Senate Armed Services Committee last year, he was asked whether he "ordered or approved the use of sleep deprivation, intimidation by guard dogs, excessive noise, and inducing fear as an interrogation method for a prisoner in Abu Ghraib prison." Sanchez, who was head of the Pentagon’s Combined Joint Task Force-7 in Iraq, swore the answer was no. Under oath, he told the Senators he "never approved any of those measures to be used."
But a document the American Civil Liberties Union (ACLU) obtained from the Pentagon flat out contradicts Sanchez’s testimony. It’s a memorandum entitled "CJTF-7 Interrogation and Counter-Resistance Policy," dated September 14, 2003. In it, Sanchez approved several methods designed for "significantly increasing the fear level in a detainee." These included "sleep management"; "yelling, loud music, and light control: used to create fear, disorient detainee, and prolong capture shock"; and "presence of military working dogs: exploits Arab fear of dogs."
On March 30, the ACLU wrote a letter to Attorney General Alberto Gonzales, urging him "to open an investigation into whether General Ricardo A. Sanchez committed perjury in his sworn testimony."
The problem is, Gonzales may himself have committed perjury in his Congressional testimony this January. According to a March 6 article in The New York Times, Gonzales submitted written testimony that said: "The policy of the United States is not to transfer individuals to countries where we believe they likely will be tortured, whether those individuals are being transferred from inside or outside the United States." He added that he was "not aware of anyone in the executive branch authorizing any transfer of a detainee in violation of that policy."
"That’s a clear, absolute lie," says Michael Ratner, executive director of the Center for Constitutional Rights, who is suing Administration officials for their involvement in the torture scandal. "The Administration has a policy of sending people to countries where there is a likelihood that they will be tortured."
The New York Times article backs up Ratner’s claim. It says "a still-classified directive signed by President Bush within days of the September 11 attacks" gave the CIA broad authority to transfer suspected terrorists to foreign countries for interrogations. Human Rights Watch and Amnesty International estimate that the United States has transferred between 100 and 150 detainees to countries notorious for torture.
So Gonzales may not be the best person to evaluate the allegation of perjury against Sanchez.
The article goes on to report on how groups such as Amnesty International and the Center for Constitutional Rights are investigating the possibility of detaining Rumsfeld and/or Bush on foreign soil.
The Geneva Conventions and the torture treaty "place a legally binding obligation on states that have ratified them to exercise universal jurisdiction over persons accused of grave breaches of the Geneva Conventions," Amnesty International USA said. "If anyone suspected of involvement in the U.S. torture scandal visits or transits through foreign territories, governments could take legal steps to ensure that such individuals are investigated and charged with applicable crimes."
When questioned about the matter in a press conference a few months ago, Rumsfeld admitted that the possibility was real enough that it was being taken into consideration in his travel plans.
The article goes on to consider the likelihood of action on home soil.
When these two leading human rights organizations make such bold claims about the President and the Secretary of Defense, we need to take the question of executive criminality seriously.
And we have to ask ourselves, where is the accountability? Who has the authority to ascertain whether these high officials committed war crimes and torture, and if they did, to bring them to justice?
The independent counsel law is no longer on the books, so that can’t be relied on. Attorney General Gonzales is not about to investigate himself, Rumsfeld, or his boss. And Republicans who control Congress have shown no interest in pursuing the torture scandal, much less drawing up bills of impeachment.
Amnesty International USA, Human Rights Watch, the Center for Constitutional Rights, the ACLU, the American Bar Association, and Human Rights First (formerly known as the Lawyers Committee for Human Rights) have joined in a call for a special prosecutor. But that decision is up to Gonzales and ultimately Bush.
"It’s a complete joke" to expect Gonzales to appoint a special prosecutor, concedes Ratner of the Center for Constitutional Rights.
John Sifton, Afghanistan specialist and military affairs researcher for Human Rights Watch, is not so sure. "Do I think this would happen right now? No," he says. "But in the middle of the Watergate scandal, very few people thought the President would resign." If more information comes out, and if the American public demands an investigation, and if there is a change in the control of the Senate, Sifton believes Gonzales may end up with little choice.
So we come back inevitably to the Watergate comparisons. But what of the real evidence against Bush and, firstly, Rumsfeld:-
First of all, when the initial reports of prisoner mistreatment came in, he mocked the concerns of human rights groups as "isolated pockets of international hyperventilation." He also asserted that "unlawful combatants do not have any rights under the Geneva Convention," even though, as Human Rights Watch argues, "the Geneva Conventions provide explicit protections to all persons captured in an international armed conflict, even if they are not entitled to POW status."
Secondly, he himself issued a list of permissible interrogation techniques in a December 2, 2002, directive that likely violated the Geneva Conventions, according to Human Rights Watch. Among those techniques: "The use of stress positions (like standing) for a maximum of four hours." On the directive, Rumsfeld, incidentally, added in his own handwriting next to this technique: "However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?" He also included the following techniques: "removal of all comfort items (including religious items)," "deprivation of light and auditory stimuli," "isolation up to 30 days," and "using detainees’ individual phobias (such as fear of dogs) to induce stress."
On January 15, 2003, Rumsfeld rescinded this directive after the Navy registered its adamant objections. If, during the six weeks that Rumsfeld’s techniques were official Pentagon policy at Guantánamo, soldiers mistreated or tortured prisoners using his approved techniques, then "Rumsfeld could potentially bear direct criminal responsibility, as opposed to command responsibility," says Human Rights Watch.
Rumsfeld may also bear direct responsibility for the torture or abuse of two other prisoners, says Human Rights Watch, citing the Church Report. (This report, one of Rumsfeld’s many internal investigations, was conducted by the Navy Inspector General Vice Admiral Albert Church.) "The Secretary of Defense approved specific interrogation plans for two ‘high-value detainees’ " at Guantánamo, the Church Report noted. Those plans, it added, "employed several of the counter resistance techniques found in the December 2, 2002, [policy]. . . . These interrogations were sufficiently aggressive that they highlighted the difficult question of precisely defining the boundaries of humane treatment of detainees."
Finally, we get to the Man himself:-
The first solid piece of evidence against Bush is his September 17, 2001, "Memorandum of Notification" that unleashed the CIA. According to Bob Woodward’s book Bush at War, that memo "authorized the CIA to operate freely and fully in Afghanistan with its own paramilitary teams" and to go after Al Qaeda "on a worldwide scale, using lethal covert action to keep the role of the United States hidden."
Two days before at Camp David, then-CIA Director George Tenet had outlined some of the additional powers he wanted, Woodward writes. These included the power to " ‘buy’ key intelligence services. . . . Several intelligence services were listed: Egypt, Jordan, Algeria. Acting as surrogates for the United States, these services could triple or quadruple the CIA’s resources." According to Woodward, Tenet was upfront with Bush about the risks entailed: "It would put the United States in league with questionable intelligence services, some of them with dreadful human rights records. Some had reputations for ruthlessness and using torture to obtain confessions. Tenet acknowledged that these were not people you were likely to be sitting next to in church on Sunday. Look, I don’t control these guys all the time, he said. Bush said he understood the risks."
That this was Administration policy is clear from comments Vice President Dick Cheney made on Meet the Press the very next day.
"We also have to work, though, sort of the dark side, if you will," Cheney told Tim Russert. "We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective."
If, as The New York Times reported, Bush authorized the transfer of detainees to countries where torture is routine, he appears to be in grave breach of international law.
Article 3 of the Convention Against Torture explicitly prohibits this: "No State Party shall expel, return, or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." Article 49 of the Geneva Conventions is also clear: "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive."
On February 7, 2002, Bush issued another self-incriminating memorandum. This one was to the Vice President, the Secretary of State, the Secretary of Defense, the Attorney General, the Director of the CIA, the National Security Adviser, and the Chairman of the Joint Chiefs of Staff. It was entitled "Humane Treatment of Al Qaeda and Taliban Detainees." In it, Bush asserted that "none of the provisions of Geneva apply to our conflict with Al Qaeda in Afghanistan or elsewhere throughout the world." He also declared, "I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan," though he declined to do so. And he said that "common Article 3 of Geneva does not apply to either Al Qaeda or Taliban."
This memo "set the stage for the tragic abuse of detainees," says William Schulz, executive director of Amnesty International USA.
The Geneva Conventions, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture all prohibit the torture and abuse that the United States has been inflicting on detainees. Article 2 of the Convention Against Torture states that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture."
Article VI of the Constitution makes treaties "the supreme law of the land," and the President swears an oath to see that the laws are faithfully executed.
The matter of whether the investigation and prosecution of such a case would be successful is not the most important issue here. The point is rather that such questioning should always be possible and be encouraged wherever it is accompanied by a genuine interest in uncovering the truth. History has proven on countless occasions that regimes which do not enjoy the ever-present shadow of public and judicial scrutiny are prone to serious abuses of power by those in control.
Any steps by a government of any political persuasion to muzzle or otherwise suppress the media's right to question its authority should be observed with the utmost suspicion. Those in power (mis)underestimate the truth's uncanny habit of being coaxed to the surface at their peril, particularly in a world where everyone online could potentially be the next Woodward or Bernstein.
posted by Kevin @ 4:37 PM
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