UPDATE: War Powers addressed at University of St. Thomas Law

On October 7, students and community members gathered for the Journal of Law and Public Policy Forum on Presidential Powers at University of St. Thomas Law School.
A report from Tackling Torture at the Top and Colleen Rowley:

There was a protester presence the entire day, and two separate rallies during the day. In addition 10 or 11 T3 supporters went in to hear the symposium. Also inside were 30 Delahunty students apparently assigned to come, and around 30 students who looked in or stopped in passing, up in the balcony area.
The symposium was tightly controlled. At the door, attendees were told they couldn't even carry a single flyer in. All questions were handed in and only one question from T3 was selected (that only happened because of T3 insistence).
There were five speakers arguing that presidential powers override all other branches of government and one speaker opposed, but she was not given an opportunity to debate the other speakers. Three were solidly pro-presidential powers (Yoo, Delahunty, and Stokes-Paulsen), while one (Amar) claimed to be a proponent of “Unitary Executive” but only spoke on the President’s power to fire agency heads. He disagreed on some details with his former student, John Yoo. Amar was also one who admitted the war on terror is PERMANENT.
And then Kitrosser argued, in her separate half-hour, for some restraints on illegal actions of a President, while Schultz seemed to be against the extreme ramifications of the theory of presidential power. He confined his remarks to the political analysis of how Obama had not departed from Bush’s stances and therefore had not played to his own base of support which in Schultz’s view was not going to serve him well in the upcoming elections.
The issue of torture was not specifically mentioned in relation to executive branch power.

Yoo & Delahunty to face the University of St. Thomas community

Journal of Law and Public Policy Forum on presidential powers to take place at University of St. Thomas Law, October 7 2010.
John Yoo, and Prof. Robert Delahunty, former lawyers for the Bush administration's Office of Legal Counsel, will be there as advocates for strong presidential powers. Heidi Kittrosser from the University of Minnesota and Akhil Amar of Yale University – one of this country’s leading law professors -- will support the position for limiting presidential powers. It should be a robust debate.

Anti-torture advocates like Tackling Torture at the Top will be there before the arrival of the registrants to the symposium with orange ribbons, flyers, and banners. People will boycott, people will attend, people will demonstrate outside & raise awareness, others will listen to the speakers and hopefully submit questions. There are speakers that do not support Yoo/Delahunty and there are other speakers that need to answer some pertinent questions.

At the lunch hour, 11:30 -12:30, and at 4:00, there will be demonstrations on the sidewalk outside the building. Everyone could wear an orange ribbon for torture awareness.

John Yoo speaks at 2:15 for 45 minutes. Some people may shun him by leaving the room, or standing
with their backs to him, or may choose to confront him with questions, or a sign. It is not choreographed.
Robert Delahunty is on the panel but not given a time to present an argument.

We need everyone, every body, every mind, to protest the presence of John Yoo and Robert Delahunty. Everyone is welcome to participate in demonstrating our disgust for Robert Delahunty and John Yoo's misuse of the law giving way to the crime of torture. And we believe that accountability is the only way that we can stop this despicable crime.


The use of enhanced presidential powers in time of war would allow the president to negate the laws and treaties that would protect the prisoners from abuse and torture. This is what happened by the memos written by John Yoo and Robert Delahunty. This goes against our laws and our morals. It would be good for UST to refresh their memory to their mission statement at the Law School:
The University of St. Thomas School of Law, as a Catholic law school, is dedicated to integrating faith and reason in the search for truth through a focus on morality and social justice.

On the same day, a different university in nearby St. Paul is making quite a different point of human rights issues.

My Sister's and Brother's Keeper?

Human Rights in the Era of Globalization

This year's theme of the 2010 Macalester International Roundtable is "My Sister's and Brother's Keeper?: Human Rights in the Era of Globalization."
The Macalester International Roundtable will take place on October 7, 8, & 9, 2010 at Macalester College 1600 Grand Avenue St. Paul, Minnesota
All sessions will be held in the John B. Davis Lecture Hall.

The discussions will revolve around such questions as:
What are the main human rights concerns of the 21st century?
What are the primary forces (and contexts) responsible for these issues, and why?
In what specific ways could human rights be advanced, and by whom?

Free and open to the public.

Complicit in Torture: University of St. Thomas defends its star Law Professor

Law students headed to class Monday morning at the University of St. Thomas School of Torture-- so called by anti-torture activists waiting outside.

At 10:30 am on August 30, Professor Robert Delahunty taught his first class of the school year at the School of Law, but not without facing the protesters on his way to work. An activist group called Tackling Torture at the Top was there to educate the public about Delahunty's role in the Bush administration, paving the way for CIA and military torture as a tool against terrorists.

See video: http://www.youtube.com/watch?v=s_rwq6-Pc8Y

Delahunty, as a member of the Office of Legal Counsel, wrote legal memos supporting presidential war powers under the Constitution is a higher law than any treaty, intimating that the president can use his Constitutional war powers to override treaties.
"As the Nation's representative in foreign affairs, the President has a variety of constitutional powers with respect to treaties, including the powers to suspend them, withhold performance of them, contravene them or terminate them."

-Yoo and Delahunty, Application of Treaties and Laws to al Qaeda and Taliban Detainees.

His legal opinion denies that the Geneva Conventions apply to non-state actors or enemy combatants. His legal memos built upon other legal decisions and memos, and they in turn were expanded upon by the John Yoo/Jay Bybee legal memos. Those explicitly permitted torture and water-boarding by redefining torture as anything that pushes the body to organ failure or death.

For a physical act to constitute torture, "It must be of an intensity akin to that which accompanies serious physical injury such as death or organ failure."
-Bybee, Standards of Conduct for Interrogation under 18 USC SS 2340-2340A
After the Obama administration released the "torture memos" for the world to see in April 2009, anti-torture activists and law students alike read them in horror. Thousands of Americans pressed Attorney General Eric Holder to prosecute the officials who allowed for torture, through petitions, calls and demonstrations. However, the Obama administration would not go forward with prosecutions, claiming that they had to "look forward" and not back.

As the T3 activists waved their flags outside the law school, they talked to several passers-by who expressed their familiarity with the torture memos.

The activists have brought their concerns to Delahunty as well as to the University of St. Thomas' Law School Dean Mengler and its Board of Governors.

Delahunty went by without comment, today as usual, but the Board of Governors did respond to the group's complaints and letters and protests of the past few years. Last week, the Chair of the University Law School's Board of Governors, Laurence Fl LeJeune, wrote to the group with full awareness of the controversy around Delahunty, and in full support of him as a law professor at this Catholic, ethics-centered University.

Mr. LeJeune noted that they have been very well advised by Dean Dr. Mengler and others of the facts about Delahunty and they are very satisfied with him as an employee. As has been noted by Dean Mengler, they feel that Delahunty has served "four presidential administrations, and other institutions with distinction. His impressive academic and professional record can be found on the School of Law website.” He noted too how "the graduating class of 2010 selected Professor Delahunty as its Professor of the Year - for his excellence as a teacher and scholar, and for the many ways in which he works with and supports our students."

Individuals on the Law School Board of Trustees have also been contacted. Neither the Board of Governors nor the Board of Trustees will meet with T3. These individuals influence not only the University but the larger community and economy as well: among the highest paid CEO's in Minnesota in 2008 were two UST Board of Trustees members. The Star Tribune then listed Stephen Hemsley of United Health Group as 5th highest paid, and George Buckley of 3M as 13th highest paid.

Condoleezza Rice speaks about Iraq, Iran, Israel at Beth El Synagogue

Former Sec. of State speaks to high-paying audience in St. Louis Park, MN
(see video : http://twincities.indymedia.org/2009/nov/condi-chat-beth-el-brings-secret-permit-first-amendment-area-dissing-goldstone-anti-torture)
On Sunday night, November 8, Beth El Synagogue in St. Louis Park hosted Condoleezza Rice as this year's speaker in its National Speaker Series. She was National Security Adviser and then Secretary of State to the Bush administration, and was notably the first White House official to approve the torture, or 'harsh interrogation,' of 'enemy combatants' in 2002.
Anti-torture activists and dismayed Beth El congregants gathered on the sidewalk for a candle-lit vigil, remembering the victims of U.S.-sponsored torture. They chanted "Shame on Condi," waved anti-war signs and called for Condoleezza Rice's arrest for violating federal laws against torture. FBI whistleblower Coleen Rowley was there to hand out the letters calling for Rice's arrest or questioning by the FBI. She tried to deliver this petition for arrest to local police who were monitoring protests, but they wouldn't take it.
Inside, Don Shelby, local news anchor, introduced Ms. Rice, drawing on his recent experience as a WCCO reporter embedded with the 34th Infantry Red Bull Division of the Minnesota National Guard. He spent 12 days in Iraq and kept an online blog for readers back at home. At the Beth El podium, he said that just 50 hours ago he was standing at the place where Abraham was born. He acknowledged Iraq as a holy place as well as the cradle of civilization, worth protecting-- militarily.
He then brought Ms. Rice to the stage facing a standing ovation in the packed sanctuary.
Ms. Rice said a special hello to "her friend" Norm Coleman, sitting in the third row, in the acknowledgment part of her speech. Coleman, a Republican who narrowly lost the race for U.S. Senator, was there with his wife, answering questions for the student press before the event began.
High school students from St. Louis Park, Minneapolis and the private Benilde-St. Margaret's schools filled two rows in the student section in the back. Best Buy's @15 program paid for their seats, as Elliot Badzin announced at the very beginning of the event.

Ms. Rice said that, now that she's out of office, she likes to pick up the paper every day and not have to worry about doing something about the headlines. She said we all need to pay attention to work that's important, not just urgent. She said we need to consider history's judgments more than the latest headlines.
She admitted historic mistakes that the US has made in the Middle East, pushing for stability in the Middle East instead of democracy-- and the world saw neither develop in the Middle East. She referred to Saddam Hussein, Hamas, Hezbollah, and Muslim radicals in her condemnation of tyrants around the world who make the world less secure. She said that countries could not hate on Hussein while hugging Hezbollah, which she regarded an illegitimate, though democratically elected, government of Lebanon. She expressed faith that Hezbollah will lose in coming elections, as will any regime that doesn't deliver for its people. I couldn't help drawing parallels to our own American regime...
Ms. Rice called the U.S.A. the greatest and most compassionate nation of all time, unique for its fairness to immigrants, melting pot, and social mobility, and said how fortunate it is that it's also the most powerful nation. She told of travels to countries that don't like the U.S.; how those that resented its wealth were later glad for that wealth when people were hungry and AIDS needed fighting; how those that resented its military were later glad for protection from the 'bad guys.' It was strange to hear the term 'bad guys' in the middle of such intelligent, confident rhetoric. When Rice asked "What if the bad guys win an election?" she was being no more specific than Bush when he defined 'terrorists' as anyone using violence for political means.
She talked about right and wrong being cut and dry in regards to the violent tragedies of terrorism. Later she talked about the military's work in Afghanistan as shifting between war and peacework: "war and peace are a continuum."

She demonstrated an awareness of Palestinian, Israeli, Iraqi and Afghan people who do want to live in peace and cooperation. She addressed old stereotypes that have kept U.S. policy from encouraging democracy abroad, saying that there was a time when Latin America was deemed not yet ready for democracy-- as if the people preferred juntas. She said there was a time when Africa was considered not ready for democracy, because its people were 'too tribal,' and there was a time when black Americans weren't considered ready for democracy, because they were 'too childlike.' She came across as pro-democracy when she declared such stances condescending, but didn't recognize how condescending it is for the U.S. to make such foreign policy decisions about which people are ready for what.
She rallied the applauding audience around her idea of a 'step up' that has happened in Iraq: a multi-ethnic, multi-sectarian government on the horizon for the new Parliament that even includes four women. She described U.S. troops' work as reinforcing Iraq's security forces, fostering opportunities for governance, and building bridges and roads, as Mr. Shelby had described the Army National Guard unit he observed as humanitarians.

She spoke out against human rights abuses, yet she said that there is no place in the civilized world for suicidal terrorists. This was consistent with the former Bush administration's treatment of terrorists as 'enemy combatants,' a separate sort of people, sub-human, worth imprisoning and torturing and abusing after taking away their human rights.
She said that Iran does have nuclear ambitions beyond nuclear power, for acquiring the nuclear bomb option. She also said that it's important for the U.S. to keep all options on the table, including its own nuclear program.

She called Israel America's most important ally, appeasing the audience of AIPAC members and others who view Israel as religiously important and vindicated. Ms. Rice noted that visiting Israel as an official had felt like going home to a place she'd never been. Clearly, her relevance to the Synagogue was in her expertise in Middle East policy and politics, which directly impacts Jewish people who live there and their families here.
Ushers passed out note cards to the rows of audience members, and accepted a few of them as questions to present to Ms. Rice.
The first question that Don Shelby, the moderator, read was that of whether or not war on Iraq was really part of the war on terror initiated by September 11 terrorist attacks. She quickly dived into her defense of targeting Iraq as the source of hate that fueled organized terrorist attacks, and her condemnation of Hussein as the main problem with Iraq. She said that she regretted that no WMDs were easily or quickly found there, as expected.
Other questions were just as pointed: Did she believe in the Human Rights Council's report on Israel's genocidal tactics, or was that report just another slam against Israel? ("I don't believe in anything the Human Rights Council does.") Did she think that China would eclipse America as an economic power? (No, but America "might eclipse itself.")

After an hour the speech and questions were over, the audience headed out to the parking lot, past chanting protesters, and VIP guests filed into the ballroom for private dinner with Ms. Rice.

Review: Reaching Past the Wire

Here's some fairly old news I wrote, to remind us all to wake up to our surroundings.

The Human Face on War

How will Minnesotans acknowledge Iraq war veterans? At every gathering that recognizes those coming back from the war, there is likely to be a mix of people that are grateful, concerned, and critical.

One grandmother retired from the Army Reserves, and came home to Minnesota and a grateful church and group of friends, a concerned family, and a public very critical of her work at Abu Ghraib prison. Readers from human rights groups like Tackling Torture at the Top and sympathetic peers with military experience alike heard what Deanna Germain had to say at her book reading.

On Wednesday, Sept. 5, 2007, Army nurse and author Deanna Germain publicly read from her memoir, Reaching Past the Wire: A Nurse at Abu Ghraib, at McKawber's bookstore. The reading was hosted by St. Paul Public Libraries.

Deanna Germain served as an army nurse reservist in Abu Ghraib and Kuwait. Connie Lounsbury had approached Deanna about writing the book on her military service in the prison hospital, after she heard about it from Germain's sisters. Germain agreed to expand on the emails to her sisters that she'd written, hoping, as she said at her book reading, to “put a human face on war.” The proceeds of her memoir's sales go to the Fisher House Foundation. The national private-public foundation builds and keeps 'comfort homes' on the grounds of major military and VA medical centers, for family members to be close to a loved one in the military during hospitalization for an unexpected illness, disease, or injury.

She worked not in “the hard district” of the prison, but in a hospital, separated by an arm's length of razor-wire from about 4,000 detainees. Her patients came in from Fallujah and Ramadi and nearby villages. They were often injured in combat against US forces, according to Germain. Some prisoners didn't want to describe their injuries, perhaps because their past activities could have endangered their families if they had confessed them.

“I knew some detainees were in the wrong place at the wrong time,” Germain said. She described the example of Sami, 15 years old, who was on a bus as “insurgents” blew it up-- and became one of her patients. “We tried to sort people, but it couldn't be done fast enough-- frustrating on all sides-- so a lot more ended up behind the wire,” she said, implying that there were a lot more there who shouldn't have been.

Reaching Past The Wire mostly details her relationships with coworkers, translators, and what she learned from the Iraqi prisoners and civilians she treated. The only section she read aloud at McKawber's was about her daily discomforts and weekly inconveniences: wearing armor all the time, seeing rats crawl over her feet as she tried to make a phone call, and having a cell of the prison for a bedroom. “War is hell,” she read.

Before publishing their book, Germain and Lounsbury sent it to the Judge Advocate General, in case they wanted to look it over. The office gave no response.

The small, crowded bookstore was full of questioning listeners. Germain grimaced as audience members bluntly brought the question of the Abu Ghraib prisoner maltreatment scandals up, just as they had been brought up to her so many times before.

She said that she knew no one at “the hard site,” and could find out nothing about it. Germain said, “I found out about the instance of abuse from my sister who emailed me, who said, 'WHAT IS HAPPENING OVER THERE?'

“We were watching BBC and any channel we could get, to find some information.

When we did have the reporters people coming through, it was obvious to the patients. We could not tell any of the prisoners or detainees what was happening, but it was pretty obvious that life had pretty quickly changed in our hospital.”

After piecing together snippets of information from whatever television and Internet time thy could afford, Germain and her coworkers reacted to the prisoner abuse with uncertainty and anger. “I haven't known soldiers who would do things like that!” Germain told the audience. “We did a lot of self-evaluation: What are we doing here? If we can change one heart or mind, that'll be our goal.”

Germain wrote one short chapter about prisoner abuse at Abu Ghraib, in the middle of her memoir: “When I came to Abu Ghraib, I realized that the soldiers here seemed of a different breed, a little independent of the whole, because we had to be, for survival...We just hoped the leaders would keep things in control....If I asked about anything outside the hospital or had questions about who else was in the camp and what they did, I got vague answers.”

She wrote of the possibility that the hospital distracted the International Red Cross, and other organizations that visited and checked on it, from torture interrogations not too far away: “I have wondered if the hospital where I served was set up as a response, a way to counterbalance it by providing better care for detainees.” This profound line of reason on page 79 was not revisited anywhere else in the book.

When asked about the conditions that prompted and allowed prisoner abuse, Germain said, “When strong...leadership presence isn't there, that can happen.” She added that a lot of medics were 19 or 20 years old, on their first job, “and a lot of young people need supervision-- people to guide them. And they didn't have that.”

Germain enlisted when she was young, in 1970. She provided care for soldiers in Vietnam, and then in America, in the Individual Ready Reserve during Desert Storm. “Thirty days before my retirement, I was called into active duty,” she said. She was called to Abu Ghraib, outside of Fallujah, Iraq, to serve 540 more days in the army than she meant to.

Germain expressed little regret, however. “I think I'm much more aware of what service and sacrifice [are], than before I went on this mission... The next chapter: we're a very rich country; we need to share more with those who have less.”

After giving many copies of her book personal autographs, Germain expanded on this idea of a new chapter for the soldiers, whom she looks on not as fighters, but as protectors. She “joined to protect and serve.” When asked what the military protects, she said, “What we have.” When asked what “we have,” she took a moment.

“Democracy, safety-- I guess that's subjective now. I can't... sorry, it's not a complete thought.”

Germain didn't understand what was going on at Abu Ghraib until outside sources caught the scent of scandal and told her, just as we often don't understand what's going on in the next block down from us, until an outside perspective is brought to our attention. Like Germain, we can wake up to our surroundings-- but are not likely to understand the deeper themes that cause our present dilemmas, which are outside and above and obscured from the news of what's going on.