but his appointment to the Office of Legal Counsel job once occupied by Berkeley Law employee John Yoo would prove a dangerous addition to the white supremacist program being developed by cabinet position apologists for presidential war crime. 

It's doubtful that Yoo will be asked to join the Trump administration; his questioning of the president-elect's ideological reliability should preclude that nightmare. Disgraced former West Point instructor William Bradford is "all but wetting his pants in his incontinent eagerness to fill the post," writes libertarian blogger William Grigg. "The idea that academic dissenters from the 'Global War on Terrorism,' and attorneys who represent terrorism suspects, should be treated as enemy combatants" should be wake-up call to all witnesses to Donald Trump's ascension to power.

"As the incoming [National Security Law Journal] Editorial Board, we want to address concerns regarding Mr. Bradford's contention that some scholars in legal academia could be considered as constituting a fifth column in the war against terror; his interpretation is that those scholars could be targeted as unlawful combatants," editor-in-chief Myers wrote. "The substance of Mr. Bradford's article cannot fairly be considered apart from the egregious breach of professional decorum that it exhibits. We cannot 'unpublish' it, of course, but we can and do acknowledge that the article was not presentable for publication when we published it, and that we therefore repudiate it with sincere apologies to our readers."
"President-elect Trump and his immigration advisers have taken an illegal and long-ago abandoned post-9/11 program, the National Security Entry-Exit System, and now threaten to reignite it," said ACLU's Immigrants' Rights Project director Cecillia Wang in a statement. "Let's be clear: Trump is talking about a federal dragnet that targets people for registration, surveillance, interrogation, or detention because of their religion. Such a dragnet would be unconstitutional."

John Yoo's defense of 2006 detainee measures provides a chilling reminder that a decade of denial occasioned the rise of a truly fascist regime.
At a Heritage Foundation event Thursday, John Yoo, a Berkeley Law professor and scholar at the conservative American Enterprise Institute, got a warm reception from the crowd by cracking about the closeness. . .

"I'm surprised there are so many people here because I thought everyone at Heritage was working over at transition headquarters," Yoo said on the panel about Trump's win. "I asked the taxi cab driver to take me to Trump transition headquarters and he dropped me off here, instead."

The crowd let out an appreciative laugh.

"As long as President-elect Trump appoints people to this administration that are going to do things that are consistent with the promises he made while campaigning for this office that the American people clearly supported, then I'm optimistic about where we're going," says James Wallner, group vice president of research at Heritage.

Shame on John Yoo. Shame on his enablers.

* https://www.law.berkeley.edu/giving/big-give/berkeley-law-effect-resonating-impact-law-policy-lives/
OO-rodriguez_1280X960-1.jpgRodriguez directed the National Clandestine Service and "helped develop the CIA black sites, secret prisons operated in foreign countries where interrogators used a range of torture tactics, including the use of 'waterboarding'," The Intercept writes...

Rodriguez is also infamous for destroying 92 tapes of CIA personnel torturing detainees. "I was just getting rid of some ugly visuals that could put the lives of my people at risk," the torture architect said in defense of the decision, according to his book published in 2012.

Other Bush officials that may snag positions in the new Trump administration include Stephen Hadley as Secretary of Defense, and Chris Christie as Attorney General. 

Arkansas Senator Tom Cotton sponsors the return of waterboarding, claiming that the technique "isn't torture."

The Obama administration could have prosecuted torturers and war criminals in the Bush administration and sent an unmistakable message to the world: torture is illegal and unconscionable. Instead the president said they would "look forward, not backward", basically turning a clear felony into a policy dispute. Trump has bragged that he will bring back torture - waterboarding and "much worse...

Vicious attacks on Standing Rock protesters represent a violation of the Human Right to Water, notes Marjorie Cohn, Jefferson School of Law professor, and former president of the National Lawyers Guild: 

"Those arrested were held at the Morton County Correctional Center in 10-by-14 foot cages, some in dog kennels. They reported being forced to wait for access to food, water, bathrooms and medical attention. Some charged with misdemeanors were strip-searched. Women were left naked in their cells and male guards harassed them. Some people were zip-tied in stress positions for hours."

Thousands of Indigenous people from the Sioux Tribe, and their allies continue their protest against the Dakota Access pipeline (DAPL) today, undeterred by intimidation, harassment and prosecution by the federal government. 

'Gasland' Director Josh Fox documents first-hand police violence at Standing Rock (includes video).
Saturday October 29th World Can't Wait San Francisco and friends took a stand against 'Torture Professor' John Yoo and his handlers at UC Berkeley Law School. "Today we represent the views and the hearts of many more tens of millions of people who know that torture is a war crime, and a crime against humanity. International and UN law both prohibit torture, under any and all circumstances, without exception," read the protest flier. 

"Indict, Prosecute, Disbar... No More Torture in Our Name," chanted about 20 witnesses to university apologists for the lawless detention policy at Guantanamo prison camp and 'black sites' around the globe. John Yoo, a key player in the criminal enterprise of the Bush-now-Obama Regime, codified specific torture tactics used on wrongfully captured human beings, many of whom were sold to the U.S. government by bounty hunters.

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Protest organizers staged a 'Boalt Hall Museum of Torture,' displaying the 10 'advanced interrogation techniques' approved for use by judge Jay Bybee, Yoo's boss during his stint at the Justice Department Office of Legal Counsel.

John Yoo should be in prison, awaiting trial for war crimes and crimes against humanity; not mentoring the next generation of lawyers and judges. It is our responsibility to call out criminal and enabler alike.
"Persuading any given individual is only part of the purpose of a discussion like this one. In fact, there's a much more important function: by subjecting dogmatic, fearful, irrational opinions to the light of reason, we expose them for what they are. And over time, views that were once respectable become untenable, and then increasingly disreputable, until finally even the few people who still cling to them are too embarrassed to utter them in polite society. This is the very history of the fight against racism, bigotry, and intolerance." And torture, author Barry Eisler adds.

Indict John Yoo for War Crimes
Saturday October 29, 1:00 pm
Boalt Hall, Room 105  

For years Berkeley Law administrators feigned helplessness to respond to charges of ethical misconduct against professor Yoo. That academic hand-wringing has been supplanted by promotion of the un-constitutional construct of 'unitary executive theory' advanced in defense of imperial warfare. Failure to hold the author of the 'Torture Memos' accountable contributes to the lawlessness exhibited by today's endless wars for Empire. 

Many of us remember Barry's participation in Berkeley's "Say No to Torture" Week. The author of Inside Out continues to expose the crimes of our government to readers outside the usual cadre of human rights activists -- including students struggling to find their role in construction of a just, and habitable, future.  

It is up to us to call out criminals and enablers alike. Please respond to this solicitation with determined commitment to repudiate the illegitimate ramblings of an unrepentant war criminal. Contact World Can't Wait to tell us how you want to contribute to this Saturday's action, sf@worldcantwait.net. We especially need volunteers to present the contents of our Bush/Bybee Torture Museum, those 'enhanced interrogation techniques' reviewed and approved by Berkeley's own state torture architect. 

John Yoo Belongs in Prison, Not Mentoring the Next Generation of Lawyers and Judges!
Thanks to the Center for Constitutional Rights (CCR), the Fourth Circuit Court of Appeals reinstated a lawsuit against CACI Premier Technology today, for the corporation's role in torture at the Abu Ghraib prison in Iraq.

CCR lawyers note that prior dismissal of Al Shimari v. CACI et al. represented a return to the widely discredited Bush-era legal theories of Torture Memo author John Yoo. Today's ruling repudiates application of immunity for private contractors: "The military cannot lawfully exercise its authority by directing a contractor to engage in unlawful activity." 

"The prohibition on torture and inhuman treatment is a universal and absolute legal requirement; it is not a policy judgment left to the discretion of the military or its contractors," said Center for Constitutional Rights Legal Director Baher Azmy.
"It's breathtaking that the body-bags keep piling up, without any attempt to go after the systemic problems -- racism, police brutality, excessive use of force, a sick gun culture that makes them the first not the last resort (clearly not in Garner's case, but in most others) -- that have brought us to this tragic place," comments AhBrightWings on the chocking death of Eric Garner by New York police officer Daniel Pantaleo.

"The same mentality that has infected foreign policy is rife here. It's not just that we, as a nation, have empowered ourselves to break international laws without consequences, regret, or apology...we don't hold ourselves to our own best laws, refuse to acknowledge the anguish these deaths cause, and continue on in the same criminal manner. It's a Bully Culture writ large.

"If the 'law says' that Wilson can gun down an unarmed man, if the 'law says' that a police officer can choke to death a man crying out that he can't breathe, if the law says that Martin, armed with Skittles, can be killed because someone else 'feels scared' (of course he does; he just killed an unarmed kid) then the law is, to quote Dickens, an ass."

'Lawfare' employed in service to the U.S. War of Terror is a damning example of the distortion of constitutional principles advanced by the Berkeley Law project to dissemble UC complicity in crimes against humanity. Subscription represents a serious breach of the professional standards demanded of law students.

105 Boalt Hall, School of Law
October 29, 1:00 pm

UC Berkeley continues to harbor and employ a war criminal. Torture is a war crime under all U.S. and international law, and John Yoo was a principal legal architect of the Bush/Cheney torture machinery, before returning to Berkeley Law where he now teaches constitutional law and other core courses to the next generation of lawyers and judges.

The torture operations designed, ordered, and carried out under Bush -- and which continue today under Obama, whose promises to close Guantanamo and end illegal torture have evaporated in the wind -- only became possible through the work of the "torture team" lawyers including UC's infamous John Yoo.

Despite a worldwide outcry, UC has still not taken a single step to investigate John Yoo's status on the faculty. A lawyer whose career hallmark is his stint in Bush's Justice Department providing legal-sounding excuses so that torture could be used under color of presidential power, can not be a role model mentoring students.

To volunteer, for details, and to suggest ideas for this protest, please contact World Can't Wait to tell us how you want to help:  sf@worldcantwait.net

Take Torture Off the Table

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"The degree of civilization in a society can be judged by entering its prisons," wrote Russian novelist Fyodor Dostoevsky in The House of the Dead. The cruel, inhumane, and degrading treatment -- torture -- inflicted on disfranchised subjects, from Pelican Bay in California to Bagram, Afghanistan, must not only end; the presumption of American immunity to international law must be repudiated. Dismantling of U.S. torture camps can't wait. And that is up to us.

On New Year's Eve 2011, President Obama signed an appropriations bill into law that effectively reneged on his election promise to close Guantanamo. The duties he assumed as Commander-in-Chief, "to preserve, protect, and defend the Constitution," are not supposed to be negotiable. Journalist Andy Worthington notes Obama's failure to effect closure, even though he had the means to do so. 

The human cost of this failure has been documented. The New York Times maintains a docket of the roughly 780 men detained at Guantanamo over the years, nine of whom died while in custody. A new book by Jeffrey Kaye, Cover-up at Guantanamo, explores the the circumstances of three suspicious deaths. His Guantanamo Truth website contains documentary material for Naval Criminal Investigation Service reports on Abdul Rahman Al Amri, Mohammed Salih Al Hanashi and Adnan Farhan Abd Latif "suicides." 

It's time to be honest. You can't blame it on Congress. We say no more excuses and mixed messages. Release the 61 illegally detained men left at Guantanamo, including 20 uncharged "forever prisoners." Raise your voices everyplace Obama and presidential contenders appear. 

While Obama dallies, Congress threatens to institutionalize the indiscriminate application of criminal laws and the wanton treatment of suspected criminals at Guantanamo. Last week the U.S. House of Representatives passed a bill that would block transfers of detainees from the Guantanamo Bay prison to the U.S. mainland or any foreign country, reports Sputnik News. Security Human Rights expert Elizabeth Beavers urges a presidential veto, and speaks to election season silence on the issue. "It is unfortunate that they [candidates] don't talk about it because the decisions that the future president will make will have implications for generations to come."

What happens when you don't deal with the crime of indefinite detention? 800 years of Habeas Corpus law, the right to know why you are being held captive by the State, comes undone. We witness no savior from the Democratic Party. It's up to people living in the United States to mobilize against agents of denial and neglect. 

Deferring responsibility for the closure of Guantanamo, on an arbitrary timetable, to President Obama has prolonged the misery of illegally held prisoners. It implies legitimacy for the lawless practice of military tribunals employed to sidestep due process. The Periodic Review Boards instituted by Executive Order 13567 on March 7, 2011 enable a legal limbo for victims of warrantless prosecution.

One of those victims, former child prisoner Hassan bin Attash, is the last to face Obama's Periodic Review Board. Deemed too innocent to charge, but too dangerous to release, he languishes at Guantanamo while authorities quibble over applicability of the Optional Protocol to the Convention on the Rights of the Child (Attash was just sixteen or seventeen when he was captured). 

"Closing Guantánamo the right way requires ending indefinite detention without charge or trial; transferring detainees who have been cleared for transfer; and trying detainees for whom there is evidence of wrongdoing in our federal criminal courts here in the U.S.," posts the ACLU. "Our federal courts routinely handle high-profile terrorism cases. If a prosecutor cannot put together a case against a detainee, there is no reason that person should continue to be imprisoned."

Close Guantanamo NOW. 

"Cover-Up at Guantanamo"

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372px-Guantanamo_celldoor,_Camp_Delta_-_1.jpgPsychologist/reporter/activist Jeffrey Kaye's new book examines so-called suicides at the Cuba-based U.S. interrogation and detention camp, between 2006 and 2009. 

Among the explosive details revealed in this book is the fact government agents themselves, most likely from NCIS, the very agency charged with investigating the deaths, interfered with the gathering of evidence, ordering the shutdown of Guantanamo's computer database of prison activities within minutes of one detainee's death. Even worse, after the FOIA for this material was filed, the computer logs suddenly went missing! That is only the beginning of the story, as Kaye's investigation shows material evidence was thrown out in the trash, prisoners who were intensely mentally ill were provided with material to kill themselves, and medical personnel turned their backs on detainee complaints of torture... 

Announcing his campus appointment, conservative scholar Steven Hayward joked that in the class he plans to teach with John Yoo, they are "thinking of offering the students a choice for course grading: a 25-page research paper, or being waterboarded," reports Austin Weinstein for The Daily Californian.

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