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Today's Stories December 27, 2007 Bill Quigley Locked Outside the Gates December 26, 2007 Charles Tripp From One Saddam to Fifty Paul Armentano No-Knock, You're Dead Rannie Amiri Lebanon in Search of a Government Stanley Heller Brzezinski and Charlie Wilson's War John Walsh Two Unreasonable Men Martha Rosenberg The Strange Career of Scott Gottlieb Norman Madarasz Bolivia Amends New Constitution and Faces Mutiny from Within Website of the Day Cockburn at the Battle of Ideas   December 25, 2007 Patrick Cockburn Conscience and Empire December 24, 2007 Andrea Peacock A Dark Ride on the Border Tariq Ali Thinking of Edward Said Uri Avnery Help! A Ceasefire! Jill Jameson Burma is Not Back to Normal: A Trip from Rangoon to Mae Sot Steve Melendez Russell Means Goes to Washington Mike Whitney The Big Fix Chuck Munson Not Getting It About New Orleans John Walsh Clueless Crusaders Farzana Versey Tony Blair and the Hawking of Religion Richard Neville Dreaming of a White House Christmas Website of the Day Back in the USSR December 22 / 23, 2007 Alexander Cockburn Mike Huckabee's Ascending Chariot Ralph Nader Politics and Profits: How the Oil Cartel Gets Its Way Andy Worthington Intelligence Failures, Battlefield Myths and Unaccountable Prisons in Afghanistan Ahmad Faruqui The Comedian of Pakistan Bill Moyers Society on Steroids Rev. William E. Alberts Blessed are the Peacemakers Timothy J. Freeman From Kant to Lennon: Can War Really be Over? Anthony DiMaggio Democrats Continue to Capitulate on Iraq Fred Gardner Molecule of the Year, Cannabiodiol Paul Krassner Enhanced Hazing Techniques Seth Sandronsky 17 Years of Meanness: Repealing California's Three Strikes Law William Loren Katz Christmas Eve Freedom Fighters: Recalling the Battle of Lake Okeechobee Michael Dickinson In the Dungeon of the Zabita Ron Jacobs Why Leon Russell Still Matters David Vest Doyle Bramhall's "Is It News?" Poets' Basement Orloski, Davies and Ford Website of the Weekend George W. Hates Santa   December 21, 2007 John Ross New Massacres Loom in Mexico Jacob Hornberger Nothing Can Morally Justify the Invasion of Iraq Dick J. Reavis A Way Out of the Newspaper Abyss Jeff Cohen and Norman Solomon The 2007 P.U.-litzer Prizes Peter Morici Business as Usual as Recession Looms Jack McCarthy Let Us Now Praise Judith Regan (Even If She Did Sleep with Bernie Kerik) Raúl Zibechi Sex and Revolution Steve Early How the Presidential Candidates Made Me an Atheist David Macaray Union Aftermath Patrick Bond Zuma, the Center-Left and the Left-Left in S. Africa Lakota Freedom Delegation A Declaration of Independence from the USA Website of the Day Solomon v. Beck: Tale of the Tape   December 20, 2007 David Rosen Mitt Romney's Secret Life as a Pornographer Alan Farago The Huckster and the Wreckage: Jeb Bush and the Subprime Mortgage Crisis Laura Carlsen Standing Up to NAFTA Ashley Dawson The Return of the Bread Riot Wayne Smith and Jennifer Schuett Cuba Changes, US Policy Stagnates Website of the Day How to Talk to a FoxNews Reporter   December 19, 2007 Saul Landau Is the NIE Bush's Watergate? Paul W. Lovinger Hillary the Hawk Norman Solomon The Mad Corporate World of Glenn Beck Dave Zirin George Mitchell's Drugs of Choice Marjorie Cohn Bush Still Spinning Iranian Nukes Sen. Russell Feingold The Iraq War is Exhausting Our Nation Sonja Karkar A Christmas Reflection on Palestine Anthony Papa Open the Drug Gulags Christopher Ketcham Pave the Holy Lands with Good Intentions Davey D Britney's Little Sister is Pregnant: Should We Blame Hip Hop? Website of the Day When Republicans Use the F-Word on TV   December 18, 2007 R. F. Blader The Politics of Teen Pregnancy George Wuerthner Gunning for Wolves in Idaho Steven Higgs Can the NAFTA Superhighway be Stopped? Vijay Prashad Encounters with Ghadar David Macaray The Free Rider Problem Ralph Nader Nine Books That Make a Difference: a Reading List for the Holidays Eva Liddell Privatizing War Abroad, Invading Privacy at Home Martha Rosenberg While the Bodies are Still Warm: Drugs, Shrinks and Shooters Dave Lindorff When Impeachment is Out of Print Peter Morici The Consequences the Trade Deficit Website of the Day Ron Paul: How Fascism Will Come to America   December 17, 2007 Mike Whitney Staring Into the Abyss Tom Barry Planning the War on Immigrants Uri Avnery A Gaza Masada? Greg Moses Crossing the Line in Texas Allan Nairn Terrorism; Counter- Terrorism: Excuses for Murder Patrick Bond South Africa's Fight Between Hostile Brothers Stephen Lendman Police State America Charles Jonkel Grizzly Right of Way Laray Polk An Inside-Out Crisis in Gaza Stephen Fleischman Pawns in Their Game December 15 / 16, 2007 Peter Linebaugh A People's Penny for the Magna Carta Howard Zinn Bomb After Bomb Standard Schaefer The Greening of Big Tobacco Raymond J. Lawrence Let's Take Christ Out of Christmas Alan Farago Down on Desolation Row: the Vultures and the Growth Machine Saul Landau Lord Byron and the Bad Tourists Jenna Orkin Lying to "Reassure" the Public: Bush's EPA and the Post-9/11 Toxic Air Cover-Up Ahmad Samih Khalidi Why a Palestinian "State" is a Punitive Construct Robert Fantina Politics By Photo-Op Missy Comley Beattie Resistance Amid the Ruins Ramzy Baroud Of Mormons and Muslims James L. Secor A Vision for China's Future Elijah Wald Ike Turner's Music Won't be Forgotten Website of the Weekend The Alliance for the Wild Rockies Needs (and Deserves) Your Support   December 14, 2007 JoAnn Wypijewski The Dirty Cad: What Giuliani's Sex Life Tells Us About Him John Ross Iraqi Refugees Return: One Cruel Hoax Jacob Hornberger Terror Suspects Belong in Federal Court Andy Worthington Guantánamo and the Supreme Court: What Happened? Allan Nairn "Shoot Them on the Spot": Rewarding War Crimes Dave Zirin The Mitchell Report: Absolving the Owners Dave Lindorff The First Cut is the Deepest Misty MacDuffee Toxic Grizzlies Ben Terrall What Happened to Lovinsky Pierre-Antoine? Dr. Mustafa Barghouthi Prerequisites for Peace Website of the Day Sen. Kit Bond: "Waterboarding is Like Swimming"   December 13, 2007 Paul Craig Roberts Shrinking the Dollar from the Inside-Out Mike Whitney Dershowitz for the Defense--of Waterboarding Ron Jacobs Blank Check DemocratsL the Great War Funding Conspiracy Norman Solomon The USA's Human Rights Daze Peter Morici The Dragon and the Toothless Dog: China Doesn't Flinch Sandy Mayes Blocking the Strykers: 13 Days of War Resistance at Port Olympia Franklin Lamb The UN in Lebanon: Whose Mission Is It Fulfilling? Jacob Hornberger Don't Reform the CIA, Abolish It Nadim Rouhana An Interloper in My Own Land Dave Zirin On Pigskin and Petrol Website of the Day Rachel's Needs (and Deserves) Your Support! December 12, 2007 Allan Nairn US Intelligence is Tapping Indonesian Phones Alan Farago How Sprawl Eats Its Young Ray McGovern Torture, Lies and Videotape Winslow T. Wheeler The Phony Pentagon Budget Cuts Evan Jones The Raid on Great Western: Why an Australian Bank Might Spell Doom for the US Farm Belt James Petras An Open Letter to Sarkozy on the Exchange of Political Prisonsers Joel Hirschorn The Horserace Fiction: Clinton, Obama and the Democratic Machine Joshua Frank Why Ron Paul Deserves Our Attention Sherry Wolf Why the Left Should Reject Ron Paul Dan Bacher Survey of a Fish Graveyard Website of the Day Men Eating Bugs   December 11, 2007 Patrick Cockburn What's Really Happened During the Surge? Diana Johnstone The Next Kosovo War Paul Craig Roberts It's Waco All Over Again: Preventive Detention and the Constitution David Macaray Impasse in Hollywood Ralph Nader Gail Collins Versus the Underdogs Andy Worthington Guantánamo Britons to be Released: a Mixed Result Martha Rosenberg No Holiday for High Risk Sex Workers Steve Champion / Anthony Ross Words for Our Brother, Tookie Williams Kim Nicolini Tangled Up in Dylan Michael Dickinson Say Goodbye to Purgatory: Pope Rat Gets Indulgent Website of the Day A Charming (and Worthy) Pitch December 10, 2007 Uri Avnery How They Stole the Bomb From Us Debbie Nathan The Perils of Journalism and Child Porn JoAnn Wypijewski Is There a Left Here Left? If So, What Can It Do? Steve Kelly Cheap Chips, Counterfeit Wilderness Donna J. Volatile Welcome to the Revolution   December 8 / 9, 2007 Alexander Cockburn The Coup Against Bush and Cheney Brenda Norrell Seize the Land, Chain the Peace Activists Saul Landau The Ruins of Empire R. F. Blader A Rape in Every Drink? Ray McGovern Spinning Iran's Centrifuges Allan Nairn Imposed Hunger in Gaza, the Army in Indonesia Linn Washington, Jr Spotlight on Death Row Paul Craig Roberts When Will Bush Come Clean?   December 7, 2007 Sean Penn Piano Wire Puppeteers Arthur Versluis Mining Water in the Desert M. G. Piety Racism and the American Psyche: Some Thoughts on Race and Intelligence Pam Martens Banksters Gone Wild Alan Farago Will the Free Market Kill Suburbia? Sprawl and the Credit Crisis Allan Nairn It Takes (Out) a Village Col. Dan Smith Bush, Iran and the Politics of Doomsday Alice Slater The Iran Opening Robert Weissman The Story of Stuff Website of the Day Something About Mitt   December 5, 2007 Mike Whitney Why the CFR Hates Putin Sharon Smith The Anti-War Enablers: Tom Hayden and the Dead End Democrats James Petras Venezuela in the Aftermath Ron Jacobs The Iran Charade Dave Zirin Kicking a Dead Man: the Sliming of Sean Taylor John V. Whitbeck Two States or One? Time to Choose Peter Zinn Covered in New Orleans Niranjan Ramakrishnan Impeach Pelosi Instead Alan Farago The Credit Bomb Detonates in Florida Heather Gray US Meddling in Australian Politics Website of the Day A Donner Summit Night Before Xmas   December 4, 2007 Alexander Cockburn Jackboot State Stubs Its Toe in Ann Arbor Andy Worthington Guantánamo and the Supreme Court Paul Craig Roberts The Lies at the End of the American Dream Ray McGovern No-Nuke Iran Winslow T. Wheeler Admiral Mullen and the Defense Budget: When White Elephants are Too Small Allan Nairn The Regime Still Stands in Burma, Where "the People Just Want Food" Russell Mokhiber The USA v. Al Arian Nikolas Kozloff As Chávez Falters: Raising the Stakes for the South American Left John V. Walsh Peace Movement Paralyzed Ghada Ageel Will Peace Cost Me My Home? Stephen Soldz The Facts be Damned!: Psychologists' President Defends Psychologist Involvement in Interrogations Website of the Day Hands Off the People of Iran     December 3, 2007 Tariq Ali Venezuela After the Referendum Bill Quigley New Orleans: Bulldozers for the Poor, Tax Credits for Developers Eric Walberg The Bible and Middle East History Uri Avnery After Annapolis Marjorie Cohn Operation Iraqi Freedom Exposed Dave Lindorff Vengeance Isn't Sweet Stephen Fleischman Homeless in Paradise Martha Rosenberg Perp Walks for the Mink Clad on Chicago's Mag Mile Website of the Day So Just Lead!   December 1 / 2, 2007 Alexander Cockburn Emblems of the Bush Age: Adrift in a Sea of Booze Jeffrey St. Clair The Bear Minimum: the Grizzly and the Future of the Rocky Mountain West Mike Whitney "Iraq Doesn't Exist Anymore": an Interview with Nir Rosen Shemon Salam A Visit From the FBI Roger Burbach The Battle in Bolivia Benjamin Dangl New Politics in Old Bolivia Brian M. Downing The Quiet on the Middle Eastern Front: How Much Credit Goes to the Surge? Greg Moses Night of the Living Redneck: a Texas Horror Story Sonja Karkar The "Never-Never" Peace Conference Saul Landau Ethics and Evil in South Boston Margaret Kimberley Black America Left Behind John Ross What are the Prospects for a New Mexican Revolution? Reza Fiyouzat Exit on the Left: When Che's Children Visited Iran Judith Scherr Berkeley Turns Right for the Holidays Lance Olsen Of Forests and Finance: Logging for the Wealthy Christopher Brauchli Mr. Bush and the Despots Robert Fantina Iraq as U.S. Colony Dan Bacher Fish Triage on Prospect Island Michael Donnelly Remembering How to be Human: John Trudell and the Music of Urgency Website of the Weekend Appalachian Voices   November 30, 2007 Peter Stone Brown The Re-Packaging of Bob Dylan Wajahat Ali The Volatile Mistress: an Interview with Javed Jabbar, Pakistan's Former Minister of Information Allan Nairn Cold-Blooded Celebrity: Thomas L. Friedman and the Bali Bombers Alan Farago The Sorrows of Suburbia: Politics, Sprawl and the Housing Crash John Ross The Death of Latin America's First Revolution Corporate Crime Reporter America's Corporate Crime Capitals Lucia Alvarez Diego Gonzalez Argentina's Political Future James Rothenberg The Iraqi Miracle Website of the Day Bio-Bling?   November 29, 2007 R. F. Blader The Most Dangerous Kind of Bribe Ismael Hossein-Zadeh Distorting Fascism to Demonize Iran Stephen Soldz War on the Couch: Fear, Aggression and Empire Sheldon Richman Iraq 3.0 George Wuerthner Forest Fires, Lies and Chainsaws Felice Pace Did All Things Considered Self-Censor on Annapolis? Col. Dan Smith The Meaning of Annapolis Harvey Wasserman Terror Target Nukes Nikolas Kozloff Primetime Hate Debate: Lou Dobbs, Immigration and Campaign '08 Paul Krassner Huffington Post Bloggers Go On Strike! Dave Lindorff News Not Fit to Print: US Coup Planned for Venezuela? CP News Service The One State Declaration Website of the Day A Native View of Yellowstone Bison Slaughter November 28, 2007 James Petras CIA Destabilization Memo Surfaces on Venezuela Jeff Halper Annapolis: When the Roadmap is a One Way Street Pam Martens Crashing Citigroup Peter Morici Economy in Crisis: Avoiding a Recession Mohammed Khatib Separate and Unequal in Palestine Helen Redmond The Horror and the Hope: Health Care in America William S. Lind In the Fox's Lair: Quiet Before a New Iraq Storm? Ben Tripp We, the People: a Trope for All Seasons Liaquat Ali Khan Pakistan: First, Restore the Constitution and Reinstate the Judges Jeff Berg Holbrooke Says Bush Won't Attack Iran Website of the Day The Lies of Joe Klein   November 27, 2007 Joe DeRaymond On the Road to the Torture School Paul Craig Roberts Meet the Only Two Candidates Worse Than Bush and Cheney: Hillary and Rudy Marjorie Cohn Remembering Victor Rabinowitz Mike Whitney A Dollar the Size of a Postage Stamp Ron Jacobs The Myths of Military Progress Col. Dan Smith The Pentagon's "People System" Still Doesn't Work Ralph Nader Family Learning Karim Makdisi Annapolis and the Unholy Alliance: the View from Beirut Christopher Ketcham Memo to Hollywood Writers: Strike Until You Drop Ronan Bennett Martin Amis Does a Coulter Website of the Day Celebrating the Uncensored Media   November 26, 2007 Kathleen and Bill Christison Heading for Annapolis Paul Craig Roberts The End of All That David Macaray Enter Mediator Sameer Dossani Pakistan's Wounded Dictator Roger Burbach The Final Battle in Bolivia Mark Scaramella Guns and Greed in the Emerald Empire Brian McKinlay Howard's End Rick Kuhn The Fall of a Racist Union Buster Binoy Kampmark Ruddslide and Dull Alec Monica Benderman What Do You Know of War? Brenda Norrell Return to Alcatraz Website of the Day Ghostworld by DJ Spooky   November 24 / 25, 2007 Alexander Cockburn The Ordeal of Catherine Wilkerson, MD Robert Fisk Darkness Falls on the Middle East Saul Landau Norman Mailer will Not R.I.P. Jeffrey St. Clair Justice Stephen Breyer, Cancer Bonds and the Origins of Neoliberal Environmentalism Rannie Amiri Beirut's Black Friday Christopher Brauchli Iraq Embassy as Gilded Palace Daniel Gross The Gap and Black Friday Mike Whitney "A Generalized Meltdown of Financial Institutions" Marjorie Cohn Iran and the 2008 Elections David Rosen Senior Sex: the Real Sexual Life of Aging Americans David Michael Green If Conservatism is the Ideology of Freedom .... Kenneth Rexroth When Euripides Played the Hindu Kush: Greeks and Buddhists in Afghanistan Muhammad Iqbal Trans. Shahid Alam Ghazal Website of the Day Aerial Footage of Delta Fish Kill November 23, 2007 Gary Leupp Killing the Buddha in Pakistan's Swat Valley Laura Carlsen Coming to Terms with Diversity in Bolivia: an Interview with Alvaro Garcia, Bolivia's VP David Macaray Keeping Labor Unions Out Andy Worthington Former Guantánamo Detainee Seeks Asylum in Sweden Clifton Ross Trashing Chavez: Keith Olberman's Toxic Rant Seth Sandronsky Battling Sodexho Dan Bacher Death in the Delta: Thousands of Fish Stranded by Bureau of Reclamation William A. Cook The Myth of Middle East Peace Website of the Day Waiting for the Guards: Stress Techniques as Torture, a Short Film   November 22, 2007 Alan Farago Who Lost America's Everglades? Greg Moses A Thanksgiving Basting Dave Lindorff Impeachment is Back on the Table Mike Ely Native Blood: the Myth pf Thanksgiving Omar Azfar Gore for President of Pakistan?   November 21, 2007 Vijay Prashad Our Dictator, Their Democracy Martha Rosenberg Undercover at a Turkey Slaughtering Plant Manuel Garcia, Jr. Epiphany on the Glacier John Ross The Last Days of Mexican Corn Brian McKenna Cancer Terrorists Unmasked Stephen Soldz Isolation Torture Routine at Guatánamo Monica Benderman Needing Peace Ben Terrall Slavery in the Fields: The Real Price of Sugar Website of the Day Mercy for Animals               Subscribe Online

December 27, 2007 How High Does It Go? The Torture Tape Cover-Up By MARJORIE COHN When the hideous photographs of torture and abuse emerged from Abu Ghraib in the fall of 2004, they created a public relations disaster for the Bush administration. The White House had painstakingly worked to capitalize on the 9/11 attacks by creating a "war on terror." Never mind the absurdity of declaring war on a tactic. Central to Bush's new "war" was the portrayal of us as the good guys and al Qaeda, the Taliban, and Saddam Hussein as the bad guys. But the Abu Ghraib photos of naked Iraqis piled on top of one another, forced to masturbate, led around on leashes like dogs shined the light on U.S. hypocrisy. After the Abu Ghraib revelations, the Bush administration could not tolerate more bad publicity. So in 2005, the CIA destroyed several hundred hours of videotapes depicting torturous interrogations of Abu Zubaydah and Abd al-Rahim al-Nashiri, probably including water boarding. The former U.S. official involved in discussions about the tapes reported widespread concern that "something as explosive as this would probably get out," according to the Los Angeles Times. This destruction of evidence may violate several laws. And it remains to be seen how high up the chain of command the criminality goes. Now that the videotape scandal has come to light, Bush and his men are back in damage control mode. CIA Director Michael Hayden minimized the significance of the destruction, claiming the tapes were destroyed "only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative or judicial inquiries." These claims are disingenuous. The tapes likely portray U.S. officials engaged in torture, which violates three U.S.-ratified treaties as well as the U.S. Torture Statute and the War Crimes Act. Bush justifies his administration's "harsh interrogation techniques" by maintaining that Zubaydah, under interrogation, fingered Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks. But according to investigative journalist Ron Suskind in his 2006 book One Percent Doctrine, it was a "walk-in" who led the CIA to Mohammed in return for a $25 million reward. Zubaydah evidently wasn't a top al Qaeda leader. Dan Coleman, one of the FBI's leading experts on al Qaeda, said Zubaydah "knew very little about real operations, or strategy." Moreover, Zubaydah was schizophrenic, according to Coleman. "This guy is insane, certifiable split personality." Coleman's views were echoed at the top levels of the CIA and were communicated to Bush and Cheney. But Bush scolded CIA director George Tenet, saying, "I said [Zubaydah] was important. You're not going to let me lose face on this, are you?" Zubaydah's minor role in al Qaeda and his apparent insanity were kept secret. In response to the torture, Zubaydah told his interrogators about myriad terrorist targets al Qaeda had in its sights: the Brooklyn Bridge, the Statute of Liberty, shopping malls, banks, supermarkets, water systems, nuclear plants, and apartment buildings. Al Qaeda was close to building a crude nuclear bomb, Zubaydah reported. None of this was corroborated but the Bush gang reacted to each report zealously. The Supreme Court has repeatedly affirmed the government's duty to provide criminal defendants with any evidence in the government's possession that might tend to exonerate the defendant or impeach the prosecutor's case. Zacarias Moussaoui tried to subpoena Zubaydah to testify at his trial. On May 9, 2003, Assistant U.S. Attorneys David Novak and David Raskin lied to U.S. District Court Judge Leonie Brinkema, who presided over Moussaoui's trial. When the judge asked "whether the interrogations are being recorded in any format"?, the U.S. Attorneys, evidently relying on information from the CIA, said "No." This is obstruction of justice. When Zubaydah and al-Nashiri go before the military commissions, they will undoubtedly raise their torture as a defense to whatever crimes they face. Yet the evidence of that torture has been destroyed by the government. There was no way of knowing whether these tapes could have intelligence value in the future. Indeed, the government defied the 2003 and 2004 demands of the 9/11 Commission by failing to turn over the videotaped interrogations. Now the CIA is parsing words by claiming the commission never directly asked for videotapes. "We asked for every single thing they had," commission co-chairman Thomas Kean said. "And then my vice chairman, Lee Hamilton, looked the director of the CIA in the face, and said, 'Look, even if we haven't asked for something, if it's pertinent to our investigation, make it available to us.'" Hamilton said the CIA "clearly obstructed" the commission's investigation. At the same time the 9/11 Commission was denied the tapes, the ACLU filed Freedom of Information Act requests seeking records of the treatment of all detainees held in U.S. custody abroad since 9/11. When the government refused to comply with the FOIA requests, the ACLU sued in federal court in New York On September 15, 2004, U.S. District Court Judge Alvin Hellerstein ordered the CIA and other government agencies to "produce or identify" all requested documents within one month. They are still not forthcoming. The ACLU has filed a motion to hold the CIA in contempt of court for refusing to comply with Judge Hellerstein's order. When the destruction of the tapes became public, both the House and Senate intelligence committees opened investigations, and subpoenaed witnesses and documents to shed light on the matter. Attorney General Michael Mukasey refused to cooperate and tried to put the kabosh on the congressional probes, asking them to wait until he had finished his own internal investigation. But after criticism in the media, the CIA relented and agreed to produce documents and the testimony of acting CIA general counsel John Rizzo. The decision to destroy the tapes was allegedly made by Jose A. Rodriguez Jr., who was chief of the Directorate of Operations, the CIA's clandestine service. Although the House intelligence committee has subpoenaed Rodriguez, there is no indication his bosses will allow him to testify. The Sunday Times (London) reported that Rodriguez may seek immunity from prosecution in exchange for testifying before the House intelligence committee. Rodriguez's testimony could be explosive. At least four top White House lawyers participated in discussions with the CIA between 2003 and 2005 about whether to destroy the videotapes. They included Alberto Gonzales, David Addington (Cheney's former counsel, now his chief of staff), Harriet Miers, and John Bellinger (former senior attorney at the National Security Council). The New York Times quoted a former senior intelligence official as saying there was "vigorous sentiment" among some high White House officials to destroy the tapes. Two former CIA officials, Vincent Cannistrano and Larry Johnson, think it highly unlikely Rodriguez made the decision to destroy the tapes on his own. George W. Bush "has no recollection" of hearing about the existence or destruction of the tapes before Hayden briefed him on December 13. Yet given Bush's keen interest in Zubaydah's interrogation, it seems more likely the President was involved with the decision to destroy the tapes. During his Senate confirmation hearing, Michael Mukasey refused to opine about whether water boarding constitutes torture. Mukasey knew the Bush administration had admitted water boarding prisoners, and that torture is a war crime under the U.S. War Crimes Act. Mukasey was shielding his future bosses from criminal liability as war criminals. Now the Department of Justice, under Mukasey, is investigating the destruction of the tapes. Justice Department regulations call for the appointment of an outside special counsel when (1) a criminal investigation of a person or matter is warranted, (2) the investigation or prosecution of that person or matter by a United States Attorney's Office or litigating division of the Department of Justice would present a conflict of interest for the Department, and (3) under the circumstances it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter. When these three conditions are satisfied, the attorney general must select a special counsel from outside the government. (28 C.F.R. 600.1, 600.3 (2007).) When he was a federal judge, Michael Mukasey issued the material witness warrant for Jose Padilla. The warrant was based partly on information from Abu Zubaydah. It is not clear whether Mukasey knew Zubaydah's statements were obtained by torture. But since he issued the warrant, Mukasey has a real or apparent conflict of interest. He has said it is premature to appoint an outside special counsel. But like the Nixon administration, the Department of Justice cannot be trusted to investigate itself. Congress should be pressured to pass a new independent counsel statute. Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law   Your Ad Here

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