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FBI Coerced Confession Deemed "Classified"

Steve Bergstein is one of several who have blogged about a recent court ruling that reads like most any bestselling crime novel. Apparently, when the court originally posted their decision (complete with backstory) it detailed how a coerced confession was obtained by the FBI from Abdallah Higazy in relation to the 9/11 attacks. The details, however, were later removed and deemed "classified". "As I read the opinion I realized it was a 44 page epic, too long for me to print out. I blogged about the opinion while I read it online and then posted the blog as I ate lunch. Then something strange happened: a few minutes after I posted the blog, the opinion vanished from the Court of Appeals website! [...] The next day, the Court of Appeals reissued the Higazy opinion. With a redaction. The court simply omitted from the revised decision facts about how the FBI agent extracted the false confession from Higazy. For some reason, this information is classified."

456 comments

  1. Ha! by LightWing · · Score: 5, Insightful

    If by "classified" they mean mean "stuff that makes us look bad". Gotta love politics and public image. Perhaps Bush taught them a few too many unwholesome lessons of corruption?

    1. Re:Ha! by The+Ultimate+Fartkno · · Score: 3, Insightful

      Considering the job he's doing these days, I think any post lacking the words "retarded," "epic fail," "witheringly stupid," "colossally dishonest," or "amoral, greedy cocksuckers" hardly counts as a "dig."

    2. Re:Ha! by clambake · · Score: 3, Insightful

      If by "classified" they mean mean "stuff that makes us look bad".

      If my "stuff that makes us look bad" you mean "stuff that shows we *are* bad".

    3. Re:Ha! by Nezer · · Score: 3, Insightful

      Perhaps Bush taught them a few too many unwholesome lessons of corruption? The FBI was unwholesomely corrupt long before either Bush became president. Bush might actively promote and allow corruption to happen, but to imply that Bush is responsible for corruption in the FBI is laughable. Bush might be as corrupt (or even more) than Nixon but, if anything, the FBI taught Bush lessons in unwholesome corruption. After all, they have been at it a LOT longer than Bush has!
    4. Re:Ha! by Ravensfire · · Score: 3, Interesting

      Bush?

      Do you REALLY think this just started with Bush? Or just this century?

      All that's happened recently is it's now harder to hide things, and easier to leak anonymously. Politician hiding information they don't like is far, far older.

      Bush didn't teach them shit about corruption - see J. Edgar Hoover.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    5. Re:Ha! by LightWing · · Score: 5, Insightful

      Luck of the draw, my friend. Anyway, anyone with more than two firing brain cells should realize Bush has been the worst thing for this country, surpassing even Nixon. And yes this is relevant, since Bush is part of the reason such 'authorities' are able to abuse the privacy of US citizens with little regard to consequences (except where public image itself is concerned). So yes, I have to say that such activities make me more than a little uncomfortable.

    6. Re:Ha! by plague3106 · · Score: 2, Insightful

      Indeed. The FBI was corrupt from day one. Anyone that's done just a bit of digging in historical accounts can tell you that.

    7. Re:Ha! by darjen · · Score: 0, Redundant

      Yep... is anyone really surprised by this? And they wonder why more people don't vote in this country. Crap like this is why I am a non-voting anarchist. As far as I can tell, this only makes my position look better. Too bad we can't vote the FBI out of a job. The rule of law means absolutely nothing to these people. Nor does basic human rights/treatment. I suspect this is only the tip of an iceberg. Of course, that is only my long jaded self talking.

    8. Re:Ha! by Anonymous Coward · · Score: 0

      Bush in part of the reason only because he occupies the Office of the President.

      If you think that abuse at the hands of the FBI begins and ends with him, you haven't been paying attention.

    9. Re:Ha! by cHiphead · · Score: 2, Insightful

      You really have to ask is that post Flamebait, or Insightful?

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    10. Re:Ha! by tiny69 · · Score: 3, Informative
      The Executive Order that starts the entire process that determines what can and cannot be classified states:

      Sec. 1.7. Classification Prohibitions and Limitations.

      (a) In no case shall information be classified in order to:

      (1) conceal violations of law, inefficiency, or administrative error;

      (2) prevent embarrassment to a person, organization, or agency;

      http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#1.7

      My guess is that some Original Classification Authority (OCA) signed off on a Security Classification Guide that states interrogation techniques used by the FBI are classified.

      --
      Go not unto/. for advice, for you will be told both yea and nay (but have nothing to do with the question)
    11. Re:Ha! by Mike+Buddha · · Score: 1

      Actually, it usually means "stuff that would be dangerous to allow some elements in the world to know." Tinfoil hat crew loves assuming that anything secret is just stuff that the government doesn't want us to know. Get off your high horse. Nobody in the government or otherwise, cares whether or not some angry student knows what this guy had to say in his testimony. Despite what you read on the conspiracy web sites, your penchant for reading subversive materials isn't really a threat to "The New World Order".

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    12. Re:Ha! by Kjella · · Score: 3, Insightful

      What's creepy is that without this slip-up, they would have gotten away with it.... yeah uh huh, connected to the 9/11 attack, probably something to do with intelligence info which is kept under wraps, classifying a few parts is fine.

      Having read the unredacted opinion, I don't see anything that's even remotely classified information. All I see is an FBI agent making veiled threats against his family and making some bold claims about egyptian security forces which are probably taken out of thin air. And how they force him into one "confession", then making him invent more and more fantastic stories before finally using his changing statements against him. There's a long list of nations covering up their interrogation methods, I just didn't know the US aspired to be one of them.

      --
      Live today, because you never know what tomorrow brings
    13. Re:Ha! by Anonymous Coward · · Score: 0

      Actually, that's what the moderation system is for. Not really a "waste", is it? Why do so many /.ers think that the sole purpose of moderation is to tweak posters' karma? If that were the case, then "funny" wouldn't be an option now, would it?

    14. Re:Ha! by alzoron · · Score: 0, Flamebait

      Hell, nearly all the agencies corrupt, the CIA was first staffed by Nazi war criminals. We have the ATF storming in with their "shoot first, ask questions later" motto. The NSA arresting people and throwing them in jail without a trial because they think some guy can launch nukes by whistling into a phone. The Federal Reserve raping the value of the USD. The SSA stealing our money for a retirment that doesn't exist. About the only ones I trust are NASA and the USPS, except for the occasional shuttle explosion and USPS worker going "postal" they might as well be saints compared to the others.

    15. Re:Ha! by feed_me_cereal · · Score: 4, Interesting

      surpassing even Nixon
      ...waaaaay surpassing Nixon.

      A lot of people like to make this comparison because Nixon often came off as a unilateral dick, he was in many ways. However, he at least was a functional president. Hell, he was more than a functional president; he even had several net positives like repairing relations with China. If I had the chance to go back and magically make it so we had Nixon as president for the last 7 years, I think I would literally jump for joy.
      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    16. Re:Ha! by Anonymous Coward · · Score: 0

      Hell, nearly all the agencies corrupt, the CIA was first staffed by Nazi war criminals. We have the ATF storming in with their "shoot first, ask questions later" motto. The NSA arresting people and throwing them in jail without a trial because they think some guy can launch nukes by whistling into a phone. The Federal Reserve raping the value of the USD. The SSA stealing our money for a retirment that doesn't exist. About the only ones I trust are NASA and the USPS, except for the occasional shuttle explosion and USPS worker going "postal" they might as well be saints compared to the others.

      NASA had their own NAZI who got them to the moon.

    17. Re:Ha! by Anonymous Coward · · Score: 0

      You know what the real problem with this is? The idea that if he stood up for the fact that he was innocent then he would be 100% responsible any harm to his family. "If you don't lie then someone will die / be harmed and it will be your fault." This is absolute bullshit. That death / harm is the fault of the persons who committed it, authorized it and were otherwise a party to it. If he had stood his ground he would not in any way be held responsible for other persons actions.

      Only wicked people would place someone else into this kind of situation. We studied such "moral" problems psychology class when I was in college. Answering these kinds of situations has absolutely nothing to do with true morality. The truly moral person would never ever place another person into a situation like that. Science and evolutionary theory are used to justify many evil deeds simply by saying that there is nothing special about humanity or our place in the universe and that you are not really accountable for your own actions, it is just physics and chemistry that triggers your actions, your choices / values have no relevance.

      The wicked choose to be wicked and invent ways to blame others. It isn't physics / chemistry that makes them that way.

    18. Re:Ha! by the_arrow · · Score: 3, Interesting

      making some bold claims about egyptian security forces which are probably taken out of thin air

      Well, one word from FBI to the Egyptian police, and the family will be taken in for questioning. And by questioning I mean full-body-contact questioning.
      --
      / The Arrow
      "How lovely you are. So lovely in my straightjacket..." - Nny
    19. Re:Ha! by bkr1_2k · · Score: 1

      Most things that are classified are in fact classified because of how the information was attained, not because of what the information actually says.

      Just because you "don't see anything that's even remotely classified information" doesn't mean anything unless you're actually an FBI agent associated with this particular case.

      --
      "Growing old is inevitable; growing up is optional."
    20. Re:Ha! by swingerman · · Score: 1

      The concern is not that the information is classified, it is that the information came from a portion of the court record that was sealed. There is a crucial difference between the two concepts. Portions of court records are kept under seal for various reasons, including privacy concerns as well as safety and security reasons. Whereas certain information is classified because of national security interests. Just because a court record, or a portion thereof, is sealed tells you nothing about *why* it was sealed. To say otherwise is bare speculation.

    21. Re:Ha! by Anonymous Coward · · Score: 0
      'Tis unbecoming of a Democrat to pay attention.

      Coercion with a terrorist? Cry me a freaking river.

    22. Re:Ha! by Mr.+Slippery · · Score: 1

      it usually means "stuff that would be dangerous to allow some elements in the world to know."

      The problem is, dangerous to whom?

      It would be dangerous to those who wish to run roughshod over the Constitution to make their actions public, sure. Dangerous to the U.S.? No. The supposed power of the government to "classify" information, to forcibly censor discussion and debate by "we the people", is what is dangerous to democracy, dangerous to the citizens of the United States.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    23. Re:Ha! by Cassius+Corodes · · Score: 1

      You mean Nixon as in the guy who thought that as president he was above the law and had similar status to a monarch? (His actual argument in the high court as to why he shouldn't have to hand over tapes recorded in the white house)

      At least with Nixon his attitude caused a severe backlash that ensured more oversight for years to come - something that doesn't seem like it will happen with Bush.

      --
      Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
    24. Re:Ha! by Mike+Buddha · · Score: 1

      It would be dangerous to those who wish to run roughshod over the Constitution to make their actions public, sure. Dangerous to the U.S.? No. The supposed power of the government to "classify" information, to forcibly censor discussion and debate by "we the people", is what is dangerous to democracy, dangerous to the citizens of the United States. That's quite an assumption, that things are only classified to protect the ne'er-do-wells who wish to run roughshod over the Constitution (a wholly unsubstantiated claim, I might add). How do you know that giving this knowledge to these undesirable foreign (or domestic, for that matter) elements wouldn't result in grievous injury to our country and way of life? You don't,plain and simple. Just because you're paranoid doesn't mean that what you believe is real. I suppose the feds should allow you and your brigade of freedom loving micro-managers to oversee all of its interactions, all of course for the cause of liberty. And who'd be watching you?
      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    25. Re:Ha! by jamstar7 · · Score: 1

      Actually, the original CIA guys were mostly OSS cowboys from WW2, like 'Wild Bill' Donovan and Alan Dulles, and of course, Tony Poe. They were all Ivy League graduates.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    26. Re:Ha! by feed_me_cereal · · Score: 1

      You mean Nixon as in the guy who thought that as president he was above the law and had similar status to a monarch? (His actual argument in the high court as to why he shouldn't have to hand over tapes recorded in the white house)


      Yep, that one. I feel that, in this respect, Bush is about as bad, but is much worse in many others.

      At least with Nixon his attitude caused a severe backlash that ensured more oversight for years to come - something that doesn't seem like it will happen with Bush.


      I very much agree with that statement. In fact, I feel that this is one of the ways in which he's *worse* (that is, more damaging). I think it's the "keep smiling; everyone loves an idiot" idea, but it really amazes me that people will still follow him (30% of the country, in fact) at this point. I really have no clue what it would take to change their minds, if nothing hasn't so far. I guess Nixon was just a much less likeable guy. That, and I still think Bush rides this hillbilly hero status that he somehow got after 9/11.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    27. Re:Ha! by Mr.+Slippery · · Score: 2, Insightful

      that things are only classified to protect the ne'er-do-wells who wish to run roughshod over the Constitution (a wholly unsubstantiated claim, I might add).

      "Only classified to protect ne'er-do-wells"? No, I'm sure that some stuff is classified by people who think they're "protecting the country" or some such. Doesn't mean that giving the government a power to censor information, is a good idea. From MK-ULTRA to Abu Gharab, the evidence is quite clear that the U.S. government can't be trusted to do the right thing when it is not under scrutiny.

      I suppose the feds should allow you and your brigade of freedom loving micro-managers to oversee all of its interactions, all of course for the cause of liberty. And who'd be watching you?

      No, I'm not suggesting that I be allowed to oversee the feds' classification of information. I'm suggesting that the feds shouldn't be permitted to classify information in the first place. (Other than perhaps that relating directly to military maneuvers and deployments during time of declared legitimate war.) There is a good reason that no power to classify information is found in the Constitution. We all - you know, "we the people" - are supposed to oversee the actions of our government, and we can't do that when it hides its actions.

      Does that entail some extra risk from "enemies" learning about us? Yes. Freedom ain't risk-free. But when we can prevent our government from doing stupid and brutal things, we're less likely to make enemies in the first place.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    28. Re:Ha! by michaelmuffin · · Score: 3, Interesting

      As much as I hate to say it, I agree and would much rather take Nixon over Bush. Nixon was at least clever enough about waging his wars to at least try to keep the domestic population happy. For example, creating the Environmental Protection Agency, creating the Occupational Safety and Health Administration, and that thing he did to fix social security for inflation. Bush doesn't seem to care much for people abroad or at home. Not that I want Bush to be cleverer about waging wars or anything, but you know what I mean.

    29. Re:Ha! by fractoid · · Score: 2, Insightful

      Yeah! Anyway, he's a terrorist, he deserves whatever torture it took to get his confession!

      ...right?

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    30. Re:Ha! by LazLong · · Score: 1

      I am a former employee of Lawrence Livermore National Laboratory, where it was common practice to classify (meaning officially categorize as secret) embarrassing information. Our useless/incompetent computer security organization was a particularly frequent abuser of the practice. I believe this was a symptom of the Lab's corrupt (as in debased by change from an original or correct condition, not fraught with bribery) culture which eschewed personal responsibility. Supposedly in the past (meaning in the 50's and 60's) it was an organization that produced brilliantly spectacular scientific achievements; All I saw was a federal welfare program that paid to maintain an aging population of Cold War relics - Aid for Dependant Physicists and Engineers.

    31. Re:Ha! by hidave · · Score: 1

      This has gotten off track. For all you Bush-bashers who have forgotten how and why we got in this war, check this: http://www.bercasio.com/movies/dems-wmd-before-iraq.wmv

      --
      Synchronizing stop lights across the US = one less nuclear power plant
    32. Re:Ha! by centuren · · Score: 1

      I'd like to examine the obstacles involved in improving oversight of national security. There's the President and his administration, agencies like the CIA, NSA, and so on, why not an oversight agency that has a clear (and public) definition of national security combined with the highest clearance available? The Supreme Court only rules on cases brought to it, and Congress will forever have partisan and other interests that conflict with the role of oversight.

      The CIA was formed with much less transparency than, for example, the FBI, with the limitation that they only conduct operations abroad (in theory, anyway, if you'd contest how much that was obeyed). So, ignoring political opposition to it's creation, if the idea is to create another agency, cleared to the highest level, who's sole job is to look over the other agencies' shoulder on behalf of the public, would it work? What powers / restrictions would it need? Ironic as it sounds, what if the CIA, NSA, and President himself all lost the power to classify documents, and instead could only submit them for classification to a part of the government who's only embarrassment is classifying material incorrectly?

    33. Re:Ha! by Anonymous Coward · · Score: 0

      "All I see is an FBI agent making veiled threats against his family and making some bold claims about egyptian security forces which are probably taken out of thin air."

      The same Egyptian security forces that it was recently alleged raped a 13 year old boy, taped it, and threatened to show the tape to his father if he didn't cooperate. So yes. Bold claims. Pulled out of thin air. Totally not a threat at all.

    34. Re:Ha! by Anonymous Coward · · Score: 0

      I am not an expert on this at all, but here is why it could be classified:

      This goes into some detail about how the suspect was questioned. This document alone, doesn't really do much good, but if you collect many of these, you can create a profile of what to expect if you were being questioned by the US gov't and prepare for it, and try to counteract their methods if you were a baddie.

      To put it another way- lets say you are preparing for an interview at an elite high paying company that is known to give absolutely brutal interviews. From talking to past people who have interviewed there, you can probably get a sense of what to expect and what questions to prepare for.

      Clearly the stakes are higher when terrorism is involved, and the whole redaction thing after it was released is a little silly, but if you were walking down the street with your nut sack hanging out, would you just leave it out there because everyone on the block has already seen it?

    35. Re:Ha! by Mike+Buddha · · Score: 1

      No, I'm not suggesting that I be allowed to oversee the feds' classification of information. I'm suggesting that the feds shouldn't be permitted to classify information in the first place. (Other than perhaps that relating directly to military maneuvers and deployments during time of declared legitimate war.) There is a good reason that no power to classify information is found in the Constitution. We all - you know, "we the people" - are supposed to oversee the actions of our government, and we can't do that when it hides its actions.

      Does that entail some extra risk from "enemies" learning about us? Yes. Freedom ain't risk-free. But when we can prevent our government from doing stupid and brutal things, we're less likely to make enemies in the first place. If you're so concerned with the governments abuse of the constitution, there's nothing keeping you from entering civil service, or running for office in order to oversee the actions of the government. If you wanted to, you could take a more active role in the governing of our country. Instead, you'd have the government potentially put our lives at risk, so that you have to do nothing. We the people can oversee the actions of the government, just not by watching the news. If you aren't willing to do the job yourself, STFU.
      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
  2. so, what were they? by moderatorrater · · Score: 1

    What were the portions that were taken out? Details, not generalities.

    1. Re:so, what were they? by Anonymous Coward · · Score: 0

      They were on the post, but now they are gone. They were also classified as confidential.

    2. Re:so, what were they? by fizzywhistle · · Score: 5, Informative

      its in the article:

      Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

      Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."

      Higazy explained why he feared for his family:

              The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister.

      And Higazy added:

              [L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay.

    3. Re:so, what were they? by Anonymous Coward · · Score: 0
  3. Secure Your Valuables by Squiffy · · Score: 4, Funny

    I see some confiscations in this blogger's future.

  4. This isn't Russia, is it Danny? by neo-mkrey · · Score: 1

    regards to Caddyshack

  5. Crazy idea by Anonymous Coward · · Score: 0

    Just wondering:
    Wouldn't that false confession be covered by copyright laws? Isn't the detainee/suspect owner of this copyright?

  6. Here are the two opinions. by sed+quid+in+infernos · · Score: 5, Informative

    Here's the unredacted opinion and here's the redacted opinion.

    1. Re:Here are the two opinions. by FleaPlus · · Score: 1

      Hm... anyone want to try posting a diff of the text here?

    2. Re:Here are the two opinions. by roystgnr · · Score: 5, Funny

      "Dude, you can't take something off the Internet.. that's like trying to take pee out of a swimming pool." - Joe, NewsRadio

      That's right, folks: you're being protected from the terrorists by people whose understanding of the modern world has yet to surpass that of 1990s sitcom writers.

    3. Re:Here are the two opinions. by Anonymous Coward · · Score: 0

      Lameness filter encountered. Post aborted!
      Reason: Please use less whitespace.

    4. Re:Here are the two opinions. by Chapter80 · · Score: 4, Insightful

      This is a perfect example of the Streisand effect. Note how much attention gets drawn to the two or three paragraphs (or pages?) that were redacted. Through censorship, something that's not of interest to very many people suddenly becomes much more interesting!

    5. Re:Here are the two opinions. by Anonymous Coward · · Score: 0

      I converted the pdf files with pdftotext -raw -nopgbrk
      Then diffed them with options -bBd

      It appears that the redaction in question is not the only editing that went on in the interim, though alot of what you see below appears to be artifacts of the conversion process.

      [****************]$ diff -bBd original.txt redacted.txt
      6c6
      Higazy v. Millenium Hotel and Resorts
      11c11
      (Argued: June 23, 2006 Decided: October 19, 2007)
      31c31
      Before: JACOBS, Chief Judge, POOLER, Circuit Judges, KOELTL, District Judge.2
      41c41
      AFFIRMED in part, VACATED in part, and REMANDED.
      69,70c69
      we affirm in part, vacate in part, and remand the case to the district court for further proceedings.
      165,170c164,167
      Higazy alleges that during the polygraph, Templeton told him that he should cooperate . .
      > . .
      > This opinion has been redacted because portions of the record are under seal. For the purposes of
      > the summary judgment motion, Templeton did not contest that Higazy's statements were coerced.
      172,192d168
      9
      222d197
      10
      > The owner of the aviation radio had no interaction with Mr. Higazy. It is still unclear,
      > therefore, how the radio was transferred from the room on the 50th Floor to Mr. Higazy?s
      > room on the 51st floor. Employees of the hotel have indicated that, although the hotel has
      > been closed since September 11th, a number of people entered the room in which Mr.
      > Higazy had been staying at different times between September 11th and the day on which
      > the radio was found.
      > On March 18, 2002, Judge Rakoff convened a hearing to inquire into the parties?
      > representations to him regarding Higazy?s confession. See In re Material Witness Warrant, 214
      276,280c247,250
      6
      > On May 4, 2005, Higazy?s claims against the hotel defendants were dismissed with
      > prejudice when the parties reached a settlement agreement, memorialized in a stipulation and
      > order.
      287c257,262
      11
      > district court issued a memorandum and order on September 30, 2004, granting, inter alia,
      > Templeton?s motion to dismiss Higazy?s Fourth, Fifth, and Sixth Amendment claims.6
      > See
      > Higazy, 346 F. Supp. 2d at 436. The district court dismissed Higazy?s Fifth Amendment self-
      > incrimination claim, concluding that Templeton was entitled to qualified immunity. The district
      300a276
      > 12
      306d281
      13
      > (1980). The only remedy available in a Bivens action is an award for monetary damages from
      > defendants in their individual capacities. See Polanco v. U.S. Drug Enforcement Admin., 158
      > F.3d 647, 652 (2d Cir. 1998).
      > I. HIGAZY?S FIFTH AMENDMENT CLAIM
      354,359d328
      14
      > ?clearly defined,? the qualified immunity defense also protects an official if it was ?objectively
      > reasonable? for him at the time of the challenged action to believe his acts were lawful.
      > Anderson v. Creighton, 483 U.S. 635, 641 (1987) (explaining Harlow, 457 U.S. at 800); see also
      > Robison v. Via, 821 F.2d 913, 920?21 (2d Cir. 1987).
      > The matter of whether a right was clearly established at the pertinent time is a
      > question of law. In contrast, the matter of whether a defendant official?s conduct
      385a357,361
      > criminal case, this is different from the issues of whether Templeton caused the statements to be
      > used at Higazy?s hearing and whether Templeton?s actions were a proximate cause of Higazy?s
      > detention, both of which we conclude raise genuine issues of material fact that should be decided
      > by the fact finder.
      > 15
      389d364
      16
      412d387
      17
      > term for an action, cause, suit, or controversy at law . . . a question contested before a court of
      > justice.? 538 U.S. at 766. Declining to decide ?the precise moment when a ?criminal case?
      > commences,? Justice Thomas wrote that ?

    6. Re:Here are the two opinions. by Anonymous Coward · · Score: 0
    7. Re:Here are the two opinions. by Anonymous Coward · · Score: 1, Informative

      Oops ... should have taken a closer look at the preview and used the code-posting option.

      diff -bBd original.txt redacted.txt
      6c6
      < Higazy v. Millenium Hotel
      ---
      > Higazy v. Millenium Hotel and Resorts
      11c11
      < (Argued: June 23, 2006 Decided: October 18, 2007)
      ---
      > (Argued: June 23, 2006 Decided: October 19, 2007)
      31c31
      < Before: JACOBS Chief Judge, POOLER, Circuit Judges, KOELTL, District Judge.2
      ---
      > Before: JACOBS, Chief Judge, POOLER, Circuit Judges, KOELTL, District Judge.2
      41c41
      < AFFIRMED in part, REVERSED in part, and REMANDED.
      ---
      > AFFIRMED in part, VACATED in part, and REMANDED.
      69,70c69
      < we affirm in part, reverse in part, and remand the case to the district court for further
      < proceedings.
      ---
      > we affirm in part, vacate in part, and remand the case to the district court for further proceedings.
      165,170c164,167
      < Higazy alleges that during the polygraph, Templeton told him that he should cooperate,
      < and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny"
      < and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted
      < that he knew how the Egyptian security forces operated: "that they had a security service, that
      < their laws are different than ours, that they are probably allowed to do things in that country
      < where they don't advise people of their rights, they don't - yeah, probably about torture, sure."
      ---
      > Higazy alleges that during the polygraph, Templeton told him that he should cooperate . .
      > . .
      > This opinion has been redacted because portions of the record are under seal. For the purposes of
      > the summary judgment motion, Templeton did not contest that Higazy's statements were coerced.
      172,192d168
      < Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in
      < danger." He explained that "[t]he only thing that went through my head was oh, my God, I am
      < screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is
      < going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And
      < Agent Templeton made it quite clear that cooperate had to mean saying something else other than
      < this device is not mine."
      < Higazy explained why he feared for his family:
      < The Egyptian government has very little tolerance for anybody who is --they're
      < suspicious of being a terrorist. To give you an idea, Saddam's security force--as they
      < later on were called his henchmen--a lot of them learned their methods and techniques in
      < Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My
      < mother is 61. I have a brother who developed arthritis at 19. He still has it today. When
      < the word 'torture' comes at least for my brother, I mean, all they have to do is really just
      < press on one of these knuckles. I couldn't imagine them doing anything to my sister.
      < And Higazy added:
      < [L]et's just say a lot of people in Egypt would stay away from a family that they know or
      < they believe or even rumored to have anything to do with terrorists and by the same
      < token, some people who actually could be --might try to get to them and somebody
      < might actually make a connection. I wasn't going to risk that. I wasn't going to risk that,
      < so I thought to myself what could I say that he would believe. What could I say that's
      < convincing? And I said okay.
      199d174
      < 9
      215a191
      > 9
      222d197
      < 10
      239,246d213
      < The owner of the aviation radio had no interaction with Mr. Higazy. It is still unclear,
      < therefore, how the radio was transferred from the room on the 50th Floor to Mr. Higazy's
      < room on the 51st floor. Employees of the hotel hav

    8. Re:Here are the two opinions. by FleaPlus · · Score: 1

      Thanks!

    9. Re:Here are the two opinions. by abb3w · · Score: 1

      This is a perfect example of the Streisand effect. Note how much attention gets drawn to the two or three paragraphs (or pages?) that were redacted.

      Not quite perfect; it was starting to get attention from a few law bloggers. Censoring it, however, highlighted the import. Without the censorship, the odds would have been 9/10 that it never would have escaped the academic blogosphere. Now, its out like the aftermath of a fifteen burito lunch.

      --
      //Information does not want to be free; it wants to breed.
    10. Re:Here are the two opinions. by Anonymous Coward · · Score: 0

      That sounds similar (perfect compared) to what happened to Baaabra's house photos to me. They were getting hits, which is why she sued. eh?

    11. Re:Here are the two opinions. by Anonymous Coward · · Score: 0
      Note these bits:

      11c11
      > (Argued: June 23, 2006 Decided: October 18, 2007)
      ---
      < (Argued: June 23, 2006 Decided: October 19, 2007)

      ...

      41c41
      > AFFIRMED in part, REVERSED in part, and REMANDED.
      ---
      < AFFIRMED in part, VACATED in part, and REMANDED.

      Not only was a portion redacted, but the date of the decision changed, but it appears the decision itself was changed. Can somebody clarify the diference between REVERSED and VACATED in this context?

    12. Re:Here are the two opinions. by abb3w · · Score: 1

      That sounds similar (perfect compared) to what happened to Baaabra's house photos to me.

      No, IIR in that case, no-one had noticed that it was her house in the collection up until that point. With the court documnets, there were a few blog lawyers paying attention to the ruling (including the embarassing bits) right as it came out.

      --
      //Information does not want to be free; it wants to breed.
    13. Re:Here are the two opinions. by Anonymous Coward · · Score: 0
      Wikipedia:

      The "Streisand effect" is a term used to describe a phenomenon on the Internet where an attempt to censor or remove (in particular, by the means of cease-and-desist letters) a certain piece of information (for example, a photograph, file, or even a whole website) backfires and the information receives extensive publicity on the Internet, often widely mirrored, or distributed on file-sharing networks in a short period of time.
      London Free Press:

      The "Streisand effect" is what happens when someone tries to suppress something and the opposite occurs. The act of suppressing it raises the profile, making it much more well known than it ever would have been.
      It doesn't say from zero to popular. But I get your point. I just disagree, based on all the definitions I have heard of the term.
    14. Re:Here are the two opinions. by Anonymous Coward · · Score: 0

      Mod Parent Up - Any thoughts on the difference in decision?

    15. Re:Here are the two opinions. by ScrewMaster · · Score: 1

      "Dude, you can't take something off the Internet.. that's like trying to take pee out of a swimming pool." - Joe, NewsRadio

      Actually, in that respect the Internet is kind of like poison ivy: every attempt to scratch the itch just spreads it further.

      --
      The higher the technology, the sharper that two-edged sword.
  7. Intentionally allowing the bad guys to go free. by clambake · · Score: 5, Insightful

    Imagine the radio really did belong to a terrorist... By coercing a confession from this guy, the FBI basically would be letting the *actual* terrorist go free and clear. If this doesn't make sense to you, imagine the case of a rapist on the loose. Imagine that every time a woman was raped, the police chose from a hat and arrested and tried a random person. Would that make your wife safer on the streets alone at night? Having a random guy in jail while the real rapist is still out on the hunt? What's more, thinking that the rapist is in jail, she might be MORE inclined to enter into riskier situations.

    This kind of "law enforcement" actually makes us LESS safe than simply doing nothing at all. Is the FBI *really* staffed by living, thinking humans? How could they possibly do this kind of thing and not be incredibly ashamed of themselves!?

    1. Re:Intentionally allowing the bad guys to go free. by Anonymous Coward · · Score: 0

      And that's if there *was* an outsider attacker at all.

    2. Re:Intentionally allowing the bad guys to go free. by Anonymous Coward · · Score: 0

      Wtf are you talking about? You've missed the point of the parent completely or don't care about the point. Use a different analogy if you like, but don't try and ridicule the parent because of some agenda that you'd like to push. The point remains: Coerce a confession from an innocent person, and the real criminal goes free. Not too hard to grasp right?

    3. Re:Intentionally allowing the bad guys to go free. by Anonymous Coward · · Score: 0
      Posting anonymously since anything posted even vaguely supporting law enforcement on these issues tends to get moderated to hell.

      Imagine the radio really did belong to a terrorist... By coercing a confession from this guy, the FBI basically would be letting the *actual* terrorist go free and clear. If this doesn't make sense to you, imagine the case of a rapist on the loose. Imagine that every time a woman was raped, the police chose from a hat and arrested and tried a random person. Would that make your wife safer on the streets alone at night? Having a random guy in jail while the real rapist is still out on the hunt? What's more, thinking that the rapist is in jail, she might be MORE inclined to enter into riskier situations.
      Generally the point of coercing the confession is to capture other members of the ring. To use your rapist analogy, it'd be like trying to track down a rapist ring. You happen to capture one person whom you think is a member, and coerce information out of him to try to apprehend the others. He may get off because of the coercion, but you manage to capture 2+ other members of the ring, and you know he's a member, so you've come out ahead. If he was innocent, then all you've lost is some of your reputation and the moral high ground.

      That's not to say that I think coercion is justified. Just pointing out that the original logic saying this type of law enforcement "actually makes us less safe" is flawed.

    4. Re:Intentionally allowing the bad guys to go free. by Myopic · · Score: 1

      This kind of "law enforcement" actually makes us LESS safe than simply doing nothing at all. Is the FBI *really* staffed by living, thinking humans? How could they possibly do this kind of thing and not be incredibly ashamed of themselves!?

      Humans will go to astounding lengths to avoid cognitive dissonance. Cf. religion.

    5. Re:Intentionally allowing the bad guys to go free. by HiThere · · Score: 1

      But if you coerce the confession from somebody who wasn't a member (or maybe even from somebody who was), then what you've got are a few more FALSE leads to expend time and effort on, and they real perpetrators get off free.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Intentionally allowing the bad guys to go free. by Fulcrum+of+Evil · · Score: 1

      Would that make your wife safer on the streets alone at night? Having a random guy in jail while the real rapist is still out on the hunt?

      Don't buy your wife a rock, get her a glock. Stops rape dead.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    7. Re:Intentionally allowing the bad guys to go free. by Copid · · Score: 1

      ...then all you've lost is some of your reputation and the moral high ground.
      Which is pretty much all you have when you're trying to convince millions of people that the terrorists are crazy people and not freedom fighters doing battle against an evil empire. You don't win that PR war by disappearing people or threatening their families.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    8. Re:Intentionally allowing the bad guys to go free. by CrkHead · · Score: 1
      I know it's too late in the conversation for anyone to actually read this (actually had to work at work all day) but this jumped to mind:

      It was in this way that he found out that in many districts of the vast Pacific coast, so strong is the wild, free love of justice in the hearts of the people, that whenever any secret and mysterious crime is committed, they say, "Let justice be done, though the heavens fall," and go straightway and swing a Chinaman.
      http://www.gutenberg.org/files/3189/3189-h/p3.htm#persecution
    9. Re:Intentionally allowing the bad guys to go free. by Anonymous Coward · · Score: 0

      What, while they laugh at the gun?

      Getting her some combat training of any kind would be better, though training with a pistol in close quarters might be better than trying to train her up in unarmed or melee armed combat. Just don't get her a Glock, for god's sake--don't just get her any firearm and expect that to do something other than get her killed, but not a Glock under any circumstances.

  8. If its hot, get it local... by jordandeamattson · · Score: 5, Insightful

    This is a perfect example of why I always, always, always get a local copy of anything I find hot and interesting. Court decisions are also always in PDF. Just download the puppy and hold onto it.

    If it is a web page, and you have the full Acrobat, then use the web capture facility to get a copy of it and store it away.

    The web is wonderful. But it has more opportunities to be "corrected" than the Soviet Union did during the Stalin's purges of the 30s and 40s.

    Yours,

    Jordan

    1. Re:If its hot, get it local... by raguirre · · Score: 1

      The web is wonderful. But it has more opportunities to be "corrected" than the Soviet Union did during the Stalin's purges of the 30s and 40s.

      Actually, in Soviet Union the web "corrected" YOU!

    2. Re:If its hot, get it local... by Alsee · · Score: 1

      (* Footnote) The above technique may not work if you have a Trusted Computer.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  9. Scary and stupid by JustNiz · · Score: 3, Insightful

    I thought we were meant to be the good guys that don't do this kind of thing. We should do the right thing even if it is harder otherwise what are we fighting for?

    How can you rely on a confession extracted by force anyway? At least I know I'd say/admit to anything to just stop having my fingernails pulled out with pliers or whatever.

    1. Re:Scary and stupid by Anonymous Coward · · Score: 0

      Lieing by LEA to get confessions happens on a regular basis. Typically they have a little more common sense than to cross the line.

      There is no evidence of any crime, only the existance of a radio which with a little investigative effort could have been resolved without resorting to torture threats.

      A confession agreed to out of duress is not valid in court

      The government thinking they can keep their methods secret when used against criminals who sure as hell can and do talk about their experiences is Nieve at best. When weighed against the harm this type of secrecy poses to society it becomes dangerous.

      Governments rely on stupid behaviors of criminals more than anything else... most of the useful information is already in the public domain or can be reasonably assumed based on the US becoming a nation of protectionist chicken shits.

    2. Re:Scary and stupid by youthoftoday · · Score: 1

      mod parent funny

      --
      -1 not first post
    3. Re:Scary and stupid by JustNiz · · Score: 1

      why? it isn't funny and I didn't intend it to be.

    4. Re:Scary and stupid by Crash+Culligan · · Score: 5, Insightful

      JustNiz: I thought we were meant to be the good guys that don't do this kind of thing.

      Ideally, we are. In reality, thinking that we're the good guys is a lot easier and more profitable than living up to the expectation.

      --
      You cannot truly appreciate Dilbert until you read it in the original Klingon.
    5. Re:Scary and stupid by youthoftoday · · Score: 1

      Sorry, I thought you were being sarcastic.

      So why do you think that "we were meant to be the good guys that don't do this kind of thing" (I'm guessing you're from the US correct me if I'm wrong). Surely every shred of evidence in living memory and beyond points to the exact opposite?

      --
      -1 not first post
    6. Re:Scary and stupid by Anonymous Coward · · Score: 0

      Should of let you fuckers burn in I and II. Yeah, everything in living memory, pure evil. Asshat.

    7. Re:Scary and stupid by youthoftoday · · Score: 1

      I'm not saying it's evil, I'm not taking a moralistic point. I'm just saying that the majority of international policy decisions appear to have been motivated by money etc. What you think about that's your own opinion.

      But you can't deny that the US is a capitalist society with a capitalist government as an objective statement. Isn't that's the whole point of the American Dream -- everyone has the freedom to start a business, earn money, buy a house and perhaps one day become president?

      --
      -1 not first post
    8. Re:Scary and stupid by scuba0 · · Score: 1

      Or like shouldn't we catch the bad guy and save the good guys. But if so the whole argument falls down because the US kills more civilians in than anything else in their and others wars (they supply arms and support numerous countries that kills civilians per daily basis).

    9. Re:Scary and stupid by youthoftoday · · Score: 1

      Makes sense financially to US industry. So long as people keep buying arms from big American companies and so long as those companies keep buying people in government everyone's happy. Everyone at the top. Everyone who matters.

      Can I just say that I do find what the US gets up to (and my own government) both now and at numerous points in history utterly disgraceful and sickening.

      But I'm playing devil's advocate to win.

      --
      -1 not first post
    10. Re:Scary and stupid by RealGrouchy · · Score: 1

      I thought we were meant to be the good guys Every leader tells his people they're "the good guys".

      You think bin Laden starts his pep talks with "Look fellas, we're the bad guys here fighting these righteous American heroes..."?

      There is always temptation for corruption, cooption, conniving, and concealment whenever someone is given power. The people who give authority to that power must keep a constant vigilance.

      If you assume there is no corruption--if you assume your leaders are always doing good--you will be forever blind to evidence to the contrary.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    11. Re:Scary and stupid by Myopic · · Score: 1

      I thought we were meant to be the good guys that don't do this kind of thing.

      That was true while it was only once-elected politicians doing the evil work. Americans on the whole took on the responsibility of Bush's actions when they re-elected him.

      So, you didn't phrase it in the form of a question, but "we" were the good guys until 2004. Well, that's if you disregard all the bad shit we did before that, but then we usually did it in secret, whereas now Bush is like "torture? well I don't like to call it torture per se, but... yeah, sure, sounds okay to me."

    12. Re:Scary and stupid by Swampash · · Score: 1

      I thought we were meant to be the good guys

      I hate to break this to you, but you're not "the good guys". For some time now you have been "the most universally-hated nation since the fall of Nazi Germany".

    13. Re:Scary and stupid by kocsonya · · Score: 1

      > I thought we were meant to be the good guys that don't do this kind of thing.

      I think you would find that outside of the borders of the US the above sentiment is not generally accepted. Neither the good guys bit, nor the don't do bit.

      > ... otherwise what are we fighting for?

      Oil revenue + arms deals revenue.

    14. Re:Scary and stupid by ScrewMaster · · Score: 1

      Compared to a lot of what's loose in the world right now, we're still the good guys. Don't forget that. Granted, we've tarnished our image some.

      --
      The higher the technology, the sharper that two-edged sword.
    15. Re:Scary and stupid by JustNiz · · Score: 1

      Actually I'm English (but living in the US). Last time I checked the news the UK are still fighting terrorism in Iraq and Afghanistan too.

    16. Re:Scary and stupid by JustNiz · · Score: 1

      Really? the UK is the most universally-hated nation since the fall of Nazi Germany? wow.

    17. Re:Scary and stupid by Swampash · · Score: 1

      My apologies - I assumed you were posting from the USA.

    18. Re:Scary and stupid by m2943 · · Score: 1

      So why do you think that "we were meant to be the good guys that don't do this kind of thing" (I'm guessing you're from the US correct me if I'm wrong). Surely every shred of evidence in living memory and beyond points to the exact opposite?

      Oh, please, give me a break. The US isn't perfect, but it is certainly not the "exact opposite of the good guys". Which nation do you think has a better record?

    19. Re:Scary and stupid by youthoftoday · · Score: 1

      And why the need to keep making comparisons? Can't a country be perceived on its own objective merits? Not EVERY issue has to be 'good guys' and 'bad guys', us and them &c. I was just addressing what I saw as, well, frankly naiveté on the part of the original poster (which I thought was a joke at first otherwise I wouldn't have got drawn into this).

      --
      -1 not first post
    20. Re:Scary and stupid by m2943 · · Score: 1

      And why the need to keep making comparisons?

      I don't know. It was you who said that the US was "the exact opposite" of "the good guys"--your words. So, you tell me why you have that need to make comparisons.

    21. Re:Scary and stupid by youthoftoday · · Score: 1

      There's a difference between being the opposite of and being the opposite of . I was saying that in the set of cases to which I was referring, there had been no positive motivation to do good. Not that there was motivation to do evil or whatever word you want to use.

      A privation of a predicate is not the negation of it.

      --
      -1 not first post
    22. Re:Scary and stupid by kocsonya · · Score: 1

      > Actually I'm English (but living in the US). Last time I checked the news the UK are still fighting terrorism in Iraq and Afghanistan too.

      As far as I know there was no terrorism in Iraq when the US/UK marched in and they by no means were connected to the 9/11. There is a lot there now, so the war OF terror seems to work very well indeed. In addition, if I remember correctly, the Taliban was entranched and supported by the very same US that fights them now, when it was handy to support any extremist/terrorist organisation against the Soviets in Afghanistan. Just as Saddam Hussein was a best of friends of the US when he was in war with Iran. Against the ayatollah, who got to power in a revolution against a brutal dictator shah who, in turn got to power with the help of guess who, because the democratically elected secular(!) government of Iran seemed too pinkish to some (in Particular, British Petroleum). Of course Iran is in the crosshairs of the coalition of the willing again, as a rogue terrorist state, even though 9/11 was organised by a Saudi and executed by Saudis and as a matter of fact, it was the US that shot down an Iranian passanger plane, not the other way around. Now Iran didn't get much better off with Khomeini or with Ahmadinejad, but at least the latter they chose themselves. He might be a nutcase but he (unlike some other nations with high moral stance) did not attack any sovereign country, signed (and reasonably obeyed) the NNPT (unlike some friends of the US, like India and Pakistan, who, incidently, *do* have nuclear weapons).

      As an Englishman, you must also know that your local terrorists (IRA) were funded to a large extent from the US. Not by muslims, not by cave-dwelling bearded semi-prophets, but higher-middle and upper class, Bible waving, God fearing nice white people with roots in the United Kingdom.

      The "war on terror" rhetoric from Faux News and Halliburton, I mean, White House, is kind of like a Hollywood action movie, bad guy does bad deed, innocent people die, good guy can't stand it, beats the living crap out of bad guy (with sufficient struggle and twists to show how backstabbing, evil monster the bad guy is), everybody cheers, world peace and freedom of humanity saved, closing credits. The reality seems to be somewhat different.

  10. Can't Have It Two Ways by WED+Fan · · Score: 5, Insightful

    If by "classified" they mean mean "stuff that makes us look bad". Gotta love politics and public image. Perhaps Bush taught them a few too many unwholesome lessons of corruption?

    You know, this story is appalling, for several reasons: 1. Some information gets classified, that probably shouldn't be, and the fact that 2. The horse is out of the barn and shows that data, once posted, is impossible to recall, and then they further heighten interest in it by classifying it and raising a stink about it. Their actions have almost ensured world-wide dissemination.

    What is worse is that their reaction to this will mostly likely make reasonable public access to information, rulings, testimony, almost impossible to get to.

    On a side note, and dealing with my subject line: Guys, you can't have it both ways. Reading /. and listening to Air America, George Bush is either an evil genius able to mastermind these great conspiracies, or, he's dumb as a rock. How about not inserting him into the situation at all. It would serve not to marginalize the discussion and keep blame where it needs to be, the beureaucrats that make these decisions.

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
    1. Re:Can't Have It Two Ways by Surt · · Score: 3, Insightful

      The most commonly held opinion is that bush is seriously corrupt and of below average intelligence. He's not a complete idiot, and he does know how to manipulate people.

      Cheney, on the other hand, is widely well regarded as an evil mastermind. An absolute genius of our generation. Unfortunately, he seems to be bent on destroying american democracy.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 1, Informative

      George Bush is either an evil genius able to mastermind these great conspiracies, or, he's dumb as a rock.
      How smart do you have to be to realize that you should hide the evidence? Honestly, the complexity of this scheme is not all that impressive -- the average kindergartener can figure out how to lie his way out of trouble. In any case, the "Bush is dumb" crowd generally attributes the more complex thinking to Cheney and other advisors.
    3. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      You can be dumb as a rock and still be brainwashed to believe everything the conservative hawks in this country spew out. Go visit some of the red states in the deep south and you'll find plenty of people in that category.

      Now combine that stupidity with a family full of oil wealth, plenty of evil congressmen (esp during his first term), Rumsfield, Cheney, and other evil advisors, and you get our president.

    4. Re:Can't Have It Two Ways by h4rm0ny · · Score: 1


      Speaking of "widely disseminated" does anyone have a torrent? I would very much like to read this.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    5. Re:Can't Have It Two Ways by MikeBabcock · · Score: 4, Informative
      Another post details a couple links:

      Here's the unredacted opinion and here's the redacted opinion.
      --
      - Michael T. Babcock (Yes, I blog)
    6. Re:Can't Have It Two Ways by MiniMike · · Score: 1

      I thought I read that Bush is dumb in the morning, but a genius at night. I may not be remembering that correctly, anyone have the link?

    7. Re:Can't Have It Two Ways by neo · · Score: 4, Insightful

      Guys, you can't have it both ways. Reading /. and listening to Air America, George Bush is either an evil genius able to mastermind these great conspiracies, or, he's dumb as a rock.

      Ah, you've fallen into his trap.

      You see while GW is pretty much incapable of mustering the intelligence of the average 9th grader he does excel at one aspect of business and politics. He delegates extremely well. Not only that, but when the person he delegates something to messes up, he takes the blame and protects his people, thus insulating his delegation from public scrutiny.

      In every situation, he makes no decisions. He brings in an expert to do that. You want evil genius? Hired. But if said evil genius is not there speaking into his ear, when you talk to GW you get the ninth grader.

      I hope that explains it for you, because this is waaaay off topic.

    8. Re:Can't Have It Two Ways by domatic · · Score: 1

      I suspect "plausible deniability" wasn't in the lexicon when this once sat on a President's desk.

    9. Re:Can't Have It Two Ways by h4rm0ny · · Score: 5, Informative

      Well that was fascinating. Extracted the text from both PDFs and ran diff on the resulting text files. The big thing that was removed seemed to be the following passage. Seems pretty unpleasant.

      Nevertheless, on December 27, Templeton--who up until this point was not involved in the investigation--conducted a polygraph examination of Higazy. Templeton began the test by asking Higazy background questions on subjects such as Higazy's scholarship, homeland, family in Egypt, brother in upstate New York, and girlfriend. He also asked Higazy whether he had anything to do with the attacks of September 11, 2001. The first round of testing allegedly suggested that Higazy's answers to the questions relating to the September 11 attacks were deceptive. As the second series of questioning was ending, Higazy requested that Templeton stop. He testified that he began "feeling intense pain in my arm. I remember hearing my heartbeat in my head and I just couldn't breathe. I said, 'Sir, sir, please, stop. It hurts. Please stop. Please take it off.'" Templeton unhooked the polygraph, and according to Higazy, called Higazy a baby and told him that a nine-year-old could tolerate this pain. Templeton left the room to get Higazy water, and upon his return, Higazy asked whether anybody else had ever suffered physical pain during the polygraph, to which Templeton replied: "[i]t never happened to anyone who told the truth."

      Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

      Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."
      Higazy explained why he feared for his family:

      The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister.
      And Higazy added:

      [L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay.

      There are other changes in there, though much smaller. I haven't gone through it exhaustively. The above seemed to be the big thing. Threats against the suspects family...

      The only other thing that leapt out at me from a brief skim was the comment that they didn't believe a polygraph would be useful because "if he was a member of Al Quaeda, he could pass it." I find that comment fascinating, too.
      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    10. Re:Can't Have It Two Ways by Boronx · · Score: 4, Interesting

      Cheney, on the other hand, is widely well regarded as an evil mastermind.

      A completely undeserved reputation. His big plan in '91, for example, was to parachute the 82nd Airborne behind Iraqi lines, capture an Iraqi city and hold for ransom. Schwartzkopf, sane human that he was, didn't think much of it and said so, but Cheney kept insisting on it for weeks.

      Bush may be garden variety dumb, but Cheney is truly demented.

    11. Re:Can't Have It Two Ways by froschmann · · Score: 1

      Http://freelowell.com/phil/HigazyVsTempleton05-4148-cv_opnWithdrawn.pdf

    12. Re:Can't Have It Two Ways by hobo+sapiens · · Score: 1

      hehe, I got your joke. And for those that didn't, here is the link: http://science.slashdot.org/article.pl?sid=07/09/28/060236

      Oh, and slashdot folks? 15 seconds for your search to bring back results? Yikes. You should either have a good search or drop it altogether.

      --
      blah blah blah
    13. Re:Can't Have It Two Ways by flonker · · Score: 2, Insightful

      Bush Jr. is smart, damn smart. You have to be smart to become President. But he lets his morality get in the way of his intelligence. He makes stupid morality based decisions, such as "let's finish that Iraq thing" because it feels good, never thinking that Iraq didn't do anything just yet, and by attacking Iraq now, we lose our moral high ground. His actions all make sense in a way, if you think along the lines of "we can do nothing wrong, our actions are justified." In short, he's smart, very smart, just simple-minded and morally stupid. He has a very clear vision of what is wrong, and anything done to combat that wrong is right. He truly believes he is doing the right thing. And, of course, his morality can easily be swayed by lobbyists' arguments pointing out one side to an issue.

      That's how I see it anyway.

    14. Re:Can't Have It Two Ways by tom's+a-cold · · Score: 4, Insightful

      [...] he does excel at one aspect of business and politics. He delegates extremely well.
      Bush also has the political instincts of a demagogue. He's adept at shifting the blame and taking credit when he can. It appears that his "excellence at delegation" is largely because he's intellectually lazy: there have been many inside accounts that depict him as being disengaged from the details of what's going on. Whether that's because he just lacks the intellect to grasp the details, or lacks the motivation, is irrelevant, since the result is the same either way. Real excellence at delegation includes being able to control the parameters of what has been delegated. Neglecting to maintain effective oversight and policy control is not delegation, it's shirking responsibility. The two themes of the Bush administration have been to assert unlimited authority, and to avoid even the most cursory accountability. It's the operating model of a tinpot dictatorship.

      --
      Get your teeth into a small slice: the cake of liberty
    15. Re:Can't Have It Two Ways by Mr.+Slippery · · Score: 1

      A completely undeserved reputation. His big plan in '91, for example, was to parachute the 82nd Airborne behind Iraqi lines, capture an Iraqi city and hold for ransom.

      "Political mastermind" does not imply "excellent military tactitian".

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    16. Re:Can't Have It Two Ways by yakmans_dad · · Score: 1

      Cheney, on the other hand, is widely well regarded as an evil mastermind.

      Several years ago, someone published a list of Cheney's boneheaded actions and they were many. The alternative view of Cheney is that he simply has absolute confidence in himself and cows the think thank minds and policy wonks. That's the effect of testosterone: irrational confidence. (Consider how much trouble the GOP has gotten into recently over their worship of testosterone. It's a wide stance.)

      On the issue of Bush's intelligence, there's nothing anywhere suggesting that he's smarter than the average gangster. Before he entered politics, he had an unbroken record of losing his partners hundreds of millions of dollars. Including failing to find oil in the Mid East. (The Texas Rangers deal was a gift to Bush not an investment or business decision. He put up borrowed money, had no responsibilities except to sit in his owner's box and pick his nose, and when the franchise was sold Richard Rainwater simply gave his own profits in the enterprise to Bush as a "bonus". This is a matter of record.)

    17. Re:Can't Have It Two Ways by mbone · · Score: 1

      "Political mastermind" does not imply "excellent military tactitian".

      Quite true. And "excellent tactician" does not imply "excellent strategist." That's the mistake Hitler made...

    18. Re:Can't Have It Two Ways by jfengel · · Score: 2, Interesting

      "[i]t never happened to anyone who told the truth." That's very odd. A polygraph cuff is just helping to take your blood pressure, and it doesn't hurt. If you set it to the point of pain it wouldn't do any good.

      It's not like the thing responds to perceived lies with more pressure, or that the reactions it's measuring are painful. That would completely throw off what little good the polygraph is actually able to do.

      So I have no idea why the guy would say that, unless he's not operating the polygraph properly and has no conception of how it's supposed to be used.

      Or perhaps he's just trying to throw a scare into the guy. The thing can be set to the point of pain, especially if you put it on wrong with something digging in. I suppose the guy could be threatening to turn it up to 11, which really would hurt a lot, but that would certainly be deliberate torture.
    19. Re:Can't Have It Two Ways by torkus · · Score: 1

      No No NO! Don't you see?

      By classifying it they add (many) hurdles to using it as evidence in any type of trial or litigation. Based on past news, first they need approval to submit it as evidence. Then it can only be viewed in a dark room by the lawyers, judge and god. God must always be present. Then it can generally not be referred directly to or any information directly stated...further confusing the non-existant jury that was not cleared to read the document.

      Have we made enough of an utter farce of our court system (and country) yet? You are quite right though, this whole thing IS appalling.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    20. Re:Can't Have It Two Ways by Boronx · · Score: 1

      "there's nothing anywhere suggesting that he's smarter than the average gangster."

      That's pretty much it. Bush and Cheney, have a gangster's intelligence and not much else. A little bit of unexpected ruthlessness, and DC rolls right over, parts of it gladly.

    21. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 2, Insightful

      Perhaps it is a rigged device, adapted to cause pain and/or perhaps with fast metabolising neuro-toxin (like a nicotine patch) on the "cuff". Together with a script designed to take you back to your home life..safety comfort love identity -- then -- tough questions, jeopardy, sudden pain, nausea, and the subject is offered an escape - trauma induced dissonance. The subject enters an altered state and begins to use survival reasoning. This report was classified because it contains technical details of some of the softer, but apparently effective methods used to, how shall I say, prop up the farce, that is the war on terror. Final thought; Why not try OBL in in absentia? Survival reasoning means he owns you. Think about it.
      damn right this post's anonymous!

    22. Re:Can't Have It Two Ways by Karem+Lore · · Score: 1

      O say, can you see, by the dawn's early light,
              What so proudly we hailed at the twilight's last gleaming,
              Whose broad stripes and bright stars, through the perilous fight,
              O'er the ramparts we watched, were so gallantly streaming?
              And the rockets' red glare, the bombs bursting in air,
              Gave proof through the night that our flag was still there.
              O say, does that star spangled banner yet wave
              O'er the land of the free, and the home of the brave?

      So much for free, or even brave!

      --
      When all is said and done, nothing changes...
    23. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      they did that already with the first wtc bombing. ironicly it was also the time they created the false group alquida.
      see the rico law you state allows one to be tried even though he is not there, but that person needs to be the head of a orginization. so they pay a informent who was in on the bombing to make up alquida, they hold a trail and find osama bin laden guilty.

    24. Re:Can't Have It Two Ways by mabhatter654 · · Score: 1

      HE is the Commander-in-chief.. if it's his army to start fights with, and pick who's "enemy combatants" it's most certainly a reflection of HIS leadership when these things happen. HE claims all sorts of rights that no other president has claimed so HE has chosen to be absolutely in charge. HE is the UNITARY executive and accordingly it's HIS personal job to fix these issues, bureaucrats act in HIS name with HIS authority.. if he felt strongly about this behavior from his subordinates HE would CHOOSE to fix it. The President has not done this privately or publicly (but he is worried about marines getting too many tattoos) so silence is considered approval.

      Your title is correct, but you have it confused, either the President is in control of his executive branch and is giving these orders, or he has shirked his duty and allowed others to make decisions for him that should not be sanctioned. All of the Executive departments are either out of control of the president, or have been encouraged to act this way by his advisers. The width and breadth of this goes too far to place blame anywhere else but the man in the big chair.

    25. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 1, Insightful
      > > "[i]t never happened to anyone who told the truth."
      >
      > That's very odd. A polygraph cuff is just helping to take your blood pressure, and it doesn't hurt. If you set it to the point of pain it wouldn't do any good.
      >
      > It's not like the thing responds to perceived lies with more pressure, or that the reactions it's measuring are painful. That would completely throw off what little good the polygraph is actually able to do.
      >
      > So I have no idea why the guy would say that, unless he's not operating the polygraph properly and has no conception of how it's supposed to be used.

      Two options:

      Templeton was full of FAIL. I hope the interrogator was damn sure the subject was untrained against polygraph technology before saying something that whacked-out. Otherwise, the interrogator just proved to the subject that the interrogator had been bluffing throughout the whole interrogation up to that point. Advantage goes to subject.

      The only non-FAIL interpretation is that perhaps Templeton's motivation was to see whether or not the subject would burst out laughing at a statement so preposterous, thereby proving that the subject was more knowledgeable about polygraphs than he'd been letting on... Advantage goes to interrogator if subject is poorly trained in keeping a poker face and says "Dude, polygraphs don't work that way, wtf r u tryin 2 pull?". Risk is that the advantage goes massively to the subject if subject can keep a straight face in view of the interrogator's failed bluff.

    26. Re:Can't Have It Two Ways by pjrc · · Score: 2, Insightful
      By classifying it they add (many) hurdles to using it as evidence in any type of trial or litigation

      Isn't the appeal court decision to send the case (previous dismissed on summary judgment) back to court for trial?

      Not the case of Higazy being accused of criminal activity... that was dismissed long ago. THIS case is him suing the FBI agent and others for violating his constitutional rights. Maybe you missed that?

      The only portion redacted is Higazy's claim of how the polygraph questioning went, accusing Templeton of making threats against his family. The appeals court decision specifically mentions more fact finding is needed, and remands the case back to the lower court. At least to my untrained (IANAL) eye, that sure seems like the opposite of a hurdle going to trial or litigation!

      Have we made enough of an utter farce of our court system (and country) yet?

      Probably not in this case.

      Clearly the hotel staff made an error, insisting the radio was found in Higazy's room, when in fact it months later it became clear it belonged to a pilot staying in another room nearby. After this came to light, the hotel staff admitted a number of errors in handling the "evidence", only afterward of course.

      Higazy sued, and the hotel settled. Though we aren't privy to the details of the settlement, it's pretty safe to assume Higazy got some form of restitution with which he was satisfied. To me, that looks like the opposite of the court system being an utter farce.

      When Higazy was first detained, he had been staying in a corner room right next to where the planes struck the world trade center, and to the FBI's best knowledge, a radio which certainly could have been used as a beacon was reportedly found in his room. The FBI has no reason to suspect the information about who owned the radio was false. Neither did the judge, who still issued an opinion that the government's case was very weak, and scheduled another hearing. Given the circumstantial evidence, it's hard to imagine how the court or FBI should have handled anything differently up to that point.

      About the only thing that really is an utter farce would be the "lie detector". Templeton is accused of coercing Higazy by threatening his family. This has not been proven, and even from the redacted text, it seems nobody else was present and it's Higazy's word against Templeton's. Initially Higazy lost the case at summary judgment, but now the appeals court has ruled that at least part of that case needs more proceedings.

      The court opinions are also quite critical of the government for obtaining a false confession. Much of the appeals court decision is about who is responsible... if their misconduct is ultimately to be blamed for Higazy being improperly detained, or if someone else along the chain is responsible. It's a lengthy read, and it's clear the court is concerned.

      You are quite right though, this whole thing IS appalling.

      I must respectfully disagree.

      Certainly the FBI obtaining a false confession is appalling, especially since Templeton is likely to get away with it (by whatever means he actually used).

      The hotel's mishandling of the radio is also pretty bad. They have paid the price for their mistakes. The court system made that possible.

      Redacting the Higazy's specific account of the session is questionable. However, it is still clear the FBI obtained a false confession. The accusation that coercion of the threat against Higazy's family is still quite clear. The court system is allowing Higazy to pursue this further.

      Otherwise, the court system seems to have worked quite well. Given the circumstances, the court decided to hold him and schedule another hearing. At the next hearing, the FBI presented a confession and conflicting stories, and did not disclose any coercive measures. Given the evidence provided, how else should the court have acted? Wouldn't it be an "utter farse" to release a man who was in

    27. Re:Can't Have It Two Ways by Anaerin · · Score: 1

      That's very odd. A polygraph cuff is just helping to take your blood pressure, and it doesn't hurt. If you set it to the point of pain it wouldn't do any good.

      I know (anecdotal evidence here) that some Blood Pressure machines can (And do) increase the pressure they use if they can't get a systolic reading. So, for instance, first inflate to 120mmHg and decrease to 90mmHg to try and get a reading, and if that fails increase pressure to 140-150mmHg and decrease to 120mmHg to try and read that (high) systolic. I believe (Glancing at the instructions as a nurse took a reading) that the machine will try once more, inflating to an even higher level (190mmHg+?), then show an error code and deflate totally. However, inflating a BP cuff to 150mmHg can be quite painful, especially if clothing is bunched underneath the cuff, and higher than that excruciating. So, either it was an erroring machine, a pinched tube (Which wouldn't release the pressure), or a (pretty major) misread.

      Again, this is all supposition and anecdotal, but possible, if it wasn't a deliberate measure on behalf of the polygraphers

      Incidentally, To convert between mmHg and PSI, divide the mmHg by 51.7, and remember that mmHg is pressure ABOVE ambient (usually 15 PSI / 1 Atmosphere / 760mmHg)

    28. Re:Can't Have It Two Ways by Foobar+of+Borg · · Score: 1

      That's the mistake Hitler made...
      I thought his mistake was invading Russia, also know as "pulling a Napolean".
    29. Re:Can't Have It Two Ways by Fulcrum+of+Evil · · Score: 1

      What the FUCK?! Market Garden was such a famous fuckup that it was made into a major motion picture and Cheney wanted to go do it AGAIN?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    30. Re:Can't Have It Two Ways by Fulcrum+of+Evil · · Score: 1

      Not only that, but when the person he delegates something to messes up, he takes the blame and protects his people, thus insulating his delegation from public scrutiny.

      Yeah, that worked so well for the fallout from the plame incident.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    31. Re:Can't Have It Two Ways by jamstar7 · · Score: 1

      Bush Jr. is smart, damn smart. You have to be smart to become President.

      No, you just need to know which political palms to grease to get the Party nomination. That, & 'good looks', the kind that when they publish a picture captioned 'Would you buy a used car from this guy?' and if the answer is overwhelmingly positive, they hire him to sell used cars.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    32. Re: Can't Have It Two Ways by Black+Parrot · · Score: 1

      In every situation, he makes no decisions. He brings in an expert to do that. You want evil genius? Hired. But if said evil genius is not there speaking into his ear, when you talk to GW you get the ninth grader. And whipping out your secret decoder ring you get -

      Evil Genius
      |||| ||||||
      VVVV VVVVVV
      Dick Cheney
      --
      Sheesh, evil *and* a jerk. -- Jade
    33. Re:Can't Have It Two Ways by Kongming · · Score: 2, Funny

      Also known as the first classic blunder, which is "Never start a land war in Asia!"

      --
      (no sig)
    34. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      He is operating it right. The point of a polygraph is to scare a person into confessing, convince them they are already caught. They see a bump and they'll say you're lying even if that bump isn't close to threshold. After they apply enough pressure eventually they'll move on and you'll find out you passed. Polygraphs aren't accurate enough to use to actually tell if someone is telling the truth without a significant dose of doubt. This isn't a problem as long as two things happen:

      1. Polygraph results are used as a basis to steer an investigation not as a determination of fact. If someone fails a background check poly, then they shouldn't be denied a job, it should just require further investigation in that area.
      2. Confessions made are audited by an uninterested party (ie Internal Affairs) to ensure they aren't coerced.

      Disclaimer: I have received polygraphs and this is my personal experience and from talking to others in my field. In other words, maybe they really thought we were lying, but I doubt it based on how they gave up and said we passed and we all got drilled about silly things. Also I have no perspective in law enforcement polygraphs, just background poly's.

    35. Re:Can't Have It Two Ways by feed_me_cereal · · Score: 1

      I agree that this seems to come up from time to time, but I think you, yourself, are overgeneralizing the Bush administration (George Bush is an idiot but his appointees are not always), as others have pointed out. You're also overgeneralizing the source of discussion, in that all the users of slashdot + all the programs of air america are not one person and are naturally very likely to have differing opinions that are very likely to be contradictory. It's another thing if one person is contradicting themselves, but I imagine the majority of these types are 9/11 truthers and such, and certainly shouldn't account for all (or even most) of the conversation here.

      --
      "Question with boldness even the existence of a god." - Thomas Jefferson
    36. Re:Can't Have It Two Ways by loucura! · · Score: 2, Funny

      Hold that thought, I have a drinking contest with a Sicilian in a couple minutes. I'll be back to follow that train of thought when we're done.

      --
      Black and grey are both shades of white.
    37. Re:Can't Have It Two Ways by MillionthMonkey · · Score: 1

      You have to be smart to become President.

      Or you have to start life as a First Ovum and First Spermatozoa.

    38. Re:Can't Have It Two Ways by symbolic · · Score: 1

      You have to be smart to become President.

      I disagree. It seems to me as though you're confusing cunning with intelligence. I'd agree that Bush as the former, but certainly not much of the latter.

    39. Re:Can't Have It Two Ways by Ironpoint · · Score: 1

      "Not only that, but when the person he delegates something to messes up, he takes the blame and protects his people, thus insulating his delegation from public scrutiny."

      Seriously? Have you been under a rock for a long period of time? Not only is GW incapable of accepting blame, the man can't even bring himself to utter the phrase 'shame on me' out of some psychological roadblock. The buck has been passed so many times in the Bush administration that its now worth about 2c.

      The entire, ENTIRE mantra of regimes such as the Bush administration, is 'protect the leader'. Everybody else be damned. It is beyond me how you got the complete opposite of reality. Seriously.

    40. Re:Can't Have It Two Ways by dbcad7 · · Score: 1
      You know, I always hated Bush from day 1, back in 2000.. But I did like Cheney at that time.. Would have probably even voted for him if he had been running instead of GW.. but he had me fooled big time.

      Even now, it's not that he's an idiot.. it's that he thinks everyone else is.. and that they can't see through his self serving crap.. and that he doesn't care even when they do see through it.. And of course he's not going to run for president, he's already made a killing, and set up the future for more... He is absolutely no PUBLIC servant of any kind.. and deserves to be tried for war crimes along with his co-conspirators. Course that won't happen because, we just don't do that kind of thing to our high government officials, because that would admit that the US is wrong, and we never admit that.

      --
      waiting for ad.doubleclick.net
    41. Re:Can't Have It Two Ways by dcam · · Score: 1

      He's a fool. It isn't that Bush is intelligent, there are intelligent people around using him as a vehicle.

      --
      meh
    42. Re:Can't Have It Two Ways by zippthorne · · Score: 1

      Which is bull. You know how many cities in Asia are named, "Alexandria."

      --
      Can you be Even More Awesome?!
    43. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      So are we saying he's evil for a medical reason? Can we FIX him?

    44. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      These things about GWB describe him as an excellent manager, don't they?

    45. Re:Can't Have It Two Ways by Pippinjack · · Score: 1

      I think an even bigger mistake was declaring war on the US after Pearl Harbour

      --
      hear all, see all, say nowt; eat all, supp all, pay nowt; and if tha ever does owt for nowt - do it for thissen
    46. Re:Can't Have It Two Ways by likes2comment · · Score: 0

      Cheney as evil, perhaps, but as a mastermind, that's an oxymoron.

      btw, If, in '91 the 82nd had captured a Iraqi city for ransom, how would they get out of the country after returning the city to the Iraqi's?

      also for posting the classified "idiot" part of the document, your servers will be siezed by the goverment. You are however, innocent until proven guilty.

    47. Re:Can't Have It Two Ways by Anonymous Coward · · Score: 0

      Everyone knows that any info remotely risky is classified by an agency whether or not it's really classified. It's like filing an insurance claim. The first two times you do it, it's automatically rejected without anyone even giving it a look. "That's classified, go away" because they know you probably won't be back, and they won't have to do any work 95% of the time. People usually just give up.

      It's up to you to prove that it's not classified if you want to see it.

      Good luck with that! You'll need an attorney, money to pay him, and a lot of patience because it will take them years to figure it out for themselves.

    48. Re:Can't Have It Two Ways by Tisha_AH · · Score: 1

      The original court document is quite interesting. Filled with the inconsistencies of our legal system;

      1). If a polygraph may prove your innocence (or non-guilt) then the FBI and the prosecutor claims it's unreliable and that AL-QUEDA creates super-beings who can beat any lie detector.
      -yet-
      The Prosecutor and the FBI will use a lie detector to show the slightest signs of evasion.

      2). You can have a fake confession coerced by an FBI agent with threats against your family.
      -yet-
      As long as it's not used in the court case against you, no-on is liable. The FBI agent didn't violate your rights (bullsheet)

      Abuses of power, strongarm tactics, threats, coercion and zealotry all undermine our legal system and society.

      We will have no-one to blame if we let behaviors like this continue.

      --
      Tisha Hayes
    49. Re:Can't Have It Two Ways by freedom_surfer · · Score: 1

      "You have to be smart to become President"

      This may have been true up to this one. Have you listened to the man speak without a teleprompter? I wouldn't let this guy work on my car, let alone run a country. People can disagree about his politics, and such, but not this. Anyone still defending this man's intelligence must be looking for inner justification of previous support. "That's how I see it anyway"

    50. Re:Can't Have It Two Ways by RockDoctor · · Score: 1

      Also known as the first classic blunder, which is "Never start a land war in Asia!"

      Also known as the Ghengis Khan Lesson, after the first tactician to so spectacularly fail by deploying it.
      Oh.
      Errr.
      Maybe not.
      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    51. Re:Can't Have It Two Ways by senileoldfart · · Score: 1

      And if the pilot had not returned for his radio, how would it have turned out then?

  11. Confession - the Mother of Evidence by mi · · Score: 4, Insightful

    This is why a confession should never be trusted on its own — without other evidence. Nor is it really trusted on its own by the courts in free countries, such as ours — as evidenced by this very case.

    They may have coerced an admission from him, that it was his device, but without details on where he got it, and how he used it, that admission is quite worthless even if he were scared for his family's life enough to not backpaddle from the addmission in court... I'm quite proud, that he was not sufficiently scared, though...

    And, finally, we only know the details of the coercion from one side. The FBI agent, according to the article, merely "did not contest" the fact of coercion. That's not an admission of guilt by any measure...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Confession - the Mother of Evidence by vertinox · · Score: 1

      This is why a confession should never be trusted on its own -- without other evidence. Nor is it really trusted on its own by the courts in free countries, such as ours -- as evidenced by this very case.

      I would have a wager that if you give me duct tape, a pair of pliers, a "victim", and an official government sanction that says I can do anything I'd like and won't get into any trouble as long as he lives long enough for a secret trial that I can make him confess to any crime you need him to confess too even if it happened before he was born or even if the crime never happened.

      Now, it would be of course obviously that I had to remove most of his finger nails and if he lasted past that, I might have to go for his teeth and then crushing his fingers with the pliers (which is why people love water boarding and electrocution... same difference... just slower and less permanent damage other than psychological) but anyone will confess with enough torture.

      You can hold out for maybe a few days, but you will go delusional because the body brain chemistry breaks down under stress no matter what and you loose grip of reality. At that point you simply start saying yes to any question you think they want you to say yes too even if it was a complete lie. When people ask for names, you'll give them everyone you know including your pets in hopes that they'll stop.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    2. Re:Confession - the Mother of Evidence by schwaang · · Score: 3, Interesting

      This kind of thing is why the California Commission on the Fair Administration of Justice made recommendations to reduce wrongful convictions including:
      - mandatory recording of confessions made while in custody of law enforcement
      - corroboration of jailhouse informant testimony
      - standards for eyewitness identification procedures

      The Commission is made up of law enforcement, prosecutors and defense attorneys. Their recommendations were embodied in three California Senate bills (SB511, SB609, SB756) and were passed by the Senate.

      Governor Schwarzenneger vetoed all three bills. About the bill requiring the recording of confessions he said: "This bill would place unnecessary restrictions on police investigators."

    3. Re:Confession - the Mother of Evidence by mi · · Score: 1

      Now, it would be of course obviously that I had to remove most of his finger nails

      None of that happened. The alleged victim of coercion did not even allege torture — not even the non-disfiguring kind (like waterboarding). So let's not go off-tangent and change subject. Thank you...

      --
      In Soviet Washington the swamp drains you.
    4. Re:Confession - the Mother of Evidence by Anonymous Coward · · Score: 0

      The alleged victim of coercion did not even allege torture -- not even the non-disfiguring kind (like waterboarding). So let's not go off-tangent and change subject. Thank you...

      He stated that he was told that his family would be handed over to Egyptian security forces by the agent, the agent stated that he did tell the suspect this, and both the agent and the suspect stated that they both knew (and knew that the other person knew) what Egyptian security forces did to people who were linked to terrorists.

      The implied threat of the above happening to his family members was enough to convince him to admit to owning a radio that he didn't actually own, which was the only tie the government had between the suspect and terrorism.

    5. Re:Confession - the Mother of Evidence by ScrewMaster · · Score: 3, Insightful

      Governor Schwarzenneger vetoed all three bills. About the bill requiring the recording of confessions he said: "This bill would place unnecessary restrictions on police investigators."

      And maybe it would have. But you know what? If we, as a society, truly believe that it is better for a guilty man to go free than to imprison an innocent one, maybe that's the price we have to pay.

      --
      The higher the technology, the sharper that two-edged sword.
  12. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    When does that happen in America? Oh yea, they invaded another country to put themselves in that situation,

  13. Re:Even-handed coverage... by clambake · · Score: 3, Insightful

    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists?

    I think what you meant to ask was, "When is the U.S. government going to start classifying and redacting stories of what happens to American soldiers caught alive by Islamists?"

  14. That Knock by WED+Fan · · Score: 1

    What were the portions that were taken out? Details, not generalities.

    That knock on the door is the FBI wanting to know why you want to know, and why you didn't RTFA?

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  15. Data Schmata by Anonymous Coward · · Score: 0

    To Whom It May Concern:
        Coerced false data? Whatever. It's better than NO data at all.

    Sincerely,
        Bush

    P.S. terrorism terrorism 9/11 WMD terrorism

  16. Your rights where? by Dachannien · · Score: 1

    Don't we have a Politics section for stuff like this?

    1. Re:Your rights where? by nuzak · · Score: 1

      It's about the FBI pulling Ministry of Truth revisionism on online court records. YRO actually is an appropriate category. Your right to know.

      --
      Done with slashdot, done with nerds, getting a life.
  17. Re:Even-handed coverage... by clodney · · Score: 4, Insightful

    And why would you say that is relevant? We can't control what happens to soldiers once they are captured. We do control what happens to people we capture, and the laws are fairly explicit and used to be viewed as quite clear cut.

    The fact that American soldiers can be tortured or killed is not sufficient cause to threaten to torture and kill the families of terrorism *suspects*.

    And of course in this case, the FBI had to admit that this guy was innocent all along.

    Or perhaps you think that the people who do torture or kill our soldiers will see how we are mistreating our own prisoners and be moved to change their behavior?

  18. In Defense of Bush (sorta) by tjstork · · Score: 5, Insightful

    For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this. A police state machine is a police state machine, all the time, not just when a "good guy" is driving it. Stop attacking Bush, and start looking at the machine!

    Had there been no secretive FBI, no secretive CIA, no emphasis on the Federal power from the get go, none of this could have happened. Everyone looks at Bush / Cheney as if he were the mastermind of some vast conspiracy, when the practical matter is that we have had almost 75 years of a massive federal government on a wartime footing, just waiting for the next enemy to arrive. These agents don't need orders to torture people or to kill perceived enemies. They have been waiting to do this their whole lives. They need orders NOT TO, and they really need to be not employed at all.

    Instead, what the left wing is arguing for is a banana republic type of government - rule by personality, when instead, the best lesson to learn is that the government is the problem, and the solution to ensure our freedom is to deconstruct the government from the get go. If we could only put the "good guy" in charge of the police state, everything will be ok. Except that, we will still have a police state.

    Look at the facts. What Democrats opposed passage of the full 9/11 commission recommendations - essentially turn the USA into a police state. What Democrat has offered to repeal USA PATRIOT? What Democrat has volunteered to narrow the scope of CIA and FBI? There will be more Federal terror, not less, before this unfortunate behavior winds its course. We have to learn to discipline ourselves as voters - that, every time we panic and ask our government to protect us - we are really just empowering a bunch of thugs to enslave us.

    --
    This is my sig.
    1. Re:In Defense of Bush (sorta) by zappepcs · · Score: 5, Insightful

      For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this. A police state machine is a police state machine, all the time, not just when a "good guy" is driving it. Stop attacking Bush, and start looking at the machine! I'm not from the left, and I think Bush has earned a damned big boat load of bashing. What previous politicians left undone, Bush found ways to break the law and complete.

      The machine is not broken, the Constitution remains to this day a framework that is viable, and valid. It is the men in government that torture its meanings, and pervert the rule of law. So, YES, Bush does need bashing, impeached, and a couple of other things. It is directly under his rule that a 'war' was invented, the war on terror, so that he could press the powers of wartime to further oppress the American public. I do not post AC, and I urge anyone that is disturbed by the way things have been going in American politics and government lately to stand and be counted. There is but one candidate for 2008 that dares utter the word Constitution, never mind abide by it.

      You sir, you shall not defend Bush, for doing so is to say it's okay what he has done, and what has been done to My rights in his name. I say it is NOT right. I protest, both what he has done and what you are NOW doing to my rights by being passive and accepting and nearly forgiving him. The captain sinks with the ship, and if you think Bush deserves to slip away in a life raft, you are very mistaken.
    2. Re:In Defense of Bush (sorta) by frazamatazzle · · Score: 1

      I couldn't agree more. Pinko lefty peaceniks have always been the strongest advocates of limited human rights and torture. Bravo good sir for alerting us to the root of all evil!

    3. Re:In Defense of Bush (sorta) by Water · · Score: 1

      Would that be Senator Russ Feingold?

    4. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      Yep Cheney (who has been planning for this takeover for ~30 years) really is a closet leftie - damn those lefties to hell and get the righties back! As for the leftie talking heads on in the librul meja Fox News etc!

    5. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 3, Insightful

      You apparently haven't been around very long - during the clinton years I received daily rants from conservatives about Janet Reno's jack-booted thugs, etc. Much of the (often incorrect) info came from Rush Limbaugh and other mouthpieces on the far right.

      Now where is all this outrage? Where did all those concerned with reigning in federal government go? The answer is apparently, that they really don't mind a federal government that strong-arms its population - they merely mind if it isn't being used to forward their social agenda.

      As far as this being a problem of the left - look one step further: if the population hadn't rewarded the republicans for their war on everyone in two elections, and if the population hadn't been cowed into silence when the "patriot" faction demanded that intelligent discourse was treason then we wouldn't have this problem. The administration was aided and abetted by a population that wanted war and revenge and wanted dissenters punished. And it got exactly what it deserved.

    6. Re:In Defense of Bush (sorta) by afabbro · · Score: 1, Offtopic
      Instead, what the left wing is arguing for is a banana republic type of government

      If the left ever gained absolute power in this country, we'd all be in concentration camps, guarded by soldiers wearing armbands with peace insignias, with Joan Baez droning 24x7 from the public address.

      --
      Advice: on VPS providers
    7. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      These agents don't need orders to torture people or to kill perceived enemies.

      Question is whether this is legal or not resp. how torture is actually - legally - defined. Just google for the Yoo/Gonzales torture memos and you'll find that the current administration substantially contributed to loosening the definition of torture and throw US constitutional rights (habeas corpus) overboard. Everybody in the world knows that btw., seems that only US citizens still live in a dream world. Anybody considering the US being evil was never more right than now. Again, thanks to the current administration.

    8. Re:In Defense of Bush (sorta) by Cro+Magnon · · Score: 1

      I don't think the OP was defending Bush. He was just pointing out that Bush didn't start this police state. Under Bush, this nation has sunk to new lows, but it started sinking long before he got into office. Electing a new tyrant with a "D" in front of her (or his) name isn't the answer. Even electing a President who doesn't wipe his (or her) ass with the Constitution is only part of the solution. We also need a Congress that stands up for what is right.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    9. Re:In Defense of Bush (sorta) by tjstork · · Score: 2, Interesting

      The machine is not broken, the Constitution remains to this day a framework that is viable, and valid. It is the men in government that torture its meanings, and pervert the rule of law.

      Yes, it is broke. The Constitution is great, but nobody listens to it. It's supposed to be a grant of powers to the government, not an enumeration of rights of the people, so, from the get go, we've lost all of our natural rights without even firing a shot. A number of federal agencies and rules are, essentially, unconstitutional.

      We are on a wartime footing, and have been since World War II. We have either armies, spies or federal agents all working in parts of the world we shouldn't even care to about to fight some enemy that I don't even care about. It seems like, any more, all we do is go around the world, looking to pick fights.

      Enough already. We can be brave enough to choose peace. Note, that I'm not saying -disarm-. But I do think its time to bring our little empire to a close, as, its mere existence is corroding our national soul.

      Besides, I don't think a nation of 300 million gun owners needs to have that much of a government to really protect it. We Americans know how to shoot well enough on our own. Let's get the heck out of NATO and all of these other military alliances, have American troops only on American soil, and start acting like a normal country for a change.

      --
      This is my sig.
    10. Re:In Defense of Bush (sorta) by bersl2 · · Score: 2, Insightful

      I think what the GP is trying to say---and if it's not, it's what I'm saying---is that Bush doesn't matter so much: the broad powers granted to the central government long ago are what have brought us to this point; and if you have your way, and Bush is impeached and removed from office, and whatever can be undone is undone, then what? Problems that pre-existed his presidency are still here, and they are endless in number and variety. Do you honestly believe, with the continuing trend of increasing power exercised by the Federal Government, that this present We the People are likely to elect responsible organs of government?

      I wish I were at home right now and had access to my copy of The Road to Serfdom, because that's what this discussion has compelled me to want to re-read, for this is the form in which American fascism (as opposed to the German fascism discussed therein) will appear; we are not there yet, but unless we elect representatives willing to decrease the powers our government can wield, and unless we change for the better those fundamental aspects of government which the Constitution does not specify, then no matter what action is taken with respect to George W. Bush, the subsequent executives and executive actions are likely to be much worse.

    11. Re:In Defense of Bush (sorta) by someone1234 · · Score: 1

      Ok, i'm not quite well informed in US politics, but when was the last time (before Bush), that the president pardoned someone already convicted in a government conspiracy. (the Plame story).

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    12. Re:In Defense of Bush (sorta) by rhizome · · Score: 1

      Stop attacking Bush, and start looking at the machine!

      Of course the tools were there, as all tools always are (a hammer does not make a murder-machine). While there are plenty of people in law enforcement who just love to kick ass but are restricted by laws, are you disputing that Cheney (and Bush by extension) has removed the leash?

      Your entire "banana republic" paragraph is a straw-man, so we can ignore that, except for one part:

      instead, the best lesson to learn is that the government is the problem,

      If this is so, does it make sense to elect people who agree? It makes no sense to have people in government who want to tear it apart. I'm not sure what you mean by "deconstruct," but I'm pretty sure it's the wrong word to use there.

      Look at the facts. What Democrats opposed passage of the full 9/11 commission recommendations - essentially turn the USA into a police state. What Democrat has offered to repeal USA PATRIOT? What Democrat has volunteered to narrow the scope of CIA and FBI?

      I see, so we're supposed to stop blaming Bush and start blaming those ineffectual Democrats. Way to move the ball forward, Mr. Talking Points With Your Selective Use Of Facts.

      --
      When I was a kid, we only had one Darth.
    13. Re:In Defense of Bush (sorta) by tjstork · · Score: 1

      Ok, i'm not quite well informed in US politics, but when was the last time (before Bush), that the president pardoned someone already convicted in a government conspiracy. (the Plame story).

      Oh, here we go. Bill Clinton pardoned Marc Rich, and a few terrorists already convicted for plotting to blow up police.

      --
      This is my sig.
    14. Re:In Defense of Bush (sorta) by tjstork · · Score: 1

      Of course the tools were there, as all tools always are (a hammer does not make a murder-machine). While there are plenty of people in law enforcement who just love to kick ass but are restricted by laws, are you disputing that Cheney (and Bush by extension) has removed the leash?


      You are such a shill! You make my argument exactly.. Your argument: "we would have such a nice police state if just the D guys ran it." What a crock. If that is what its going to come down to, then there is no reason to deconstruct government, as much as there is, just grab, which is what Bush did. That's the failing. Instead of doing the Republican thing of trying to shut all the programs down, Bush did the D thing and tried to take over government completely, and putting in permanent Republican people into every slot.

      Was it wrong? Yeah, it was. But, the other side has been doing it for 50 years, and so, if not morally correct, it certainly was a logical move to make.

      The best thing to do, remains, to pass tax cuts so strong that government is -unfunded- and so massive cuts -have to be made-. You can't have a police state, if there are no police! Anything else is crap.

      You can go ahead and have your police state to make you feel warm and safe at night. I'm done with it.

      --
      This is my sig.
    15. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      What an absurd post!

      You're talking about what the left wing is saying and completely ignoring what the right wing has done.

      The secretive FBI, CIA, etc is hardly the doing of the left wing. At worst they stood by and took these agencies at their word during tough times. They also took the word of the President and his staff. Those words turned out to be false. The fact that Republicans aren't joining with left wing congressional forces to root out the corruption Bush has brought to the executive branch only deepens the responsibility of the right wing in the ongoing downfall of the constitution they claim to love.

      As for your "rule by personality" argument -- in 2000 when Bush was elected plenty of Republicans were calling Gore "stiff" and lauding the personality of Bush. So right wingers lover politicians with personality just as much as anyone. In fact I'm willing to bet it was his "cowboy" persona, not his intelligence, that got Bush into office in 2000.

      Look at the facts: What Republicans dared stand against the party line? For every democrat who didn't oppose Bush we can be sure there more than one Republican who did not dare to defy Bush and the party whips. And that's how all of the laws you dislike were passed during the watch of a Republican controlled representative branch.

      So sure, look at what the left wing is SAYING. But remember well what the right wing has DONE.

    16. Re:In Defense of Bush (sorta) by Thanatopsis · · Score: 1

      Marc Rich was a terrorist? That pardon came at the request of the Israeli government.

      BSD

    17. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      "the Constitution remains to this day a framework that is viable, and valid"

      And the courts routinely ignore it.

      I love the Constitution. I have long since given up on the idea that it is taken seriously anymore by the peopel in power.

      And I'm not talking about current rulings either. Affirmative action is unconstitutional. The "interstate commerce clause" is unconstitutional. The list of things that are unconstitutional, but have been deemed acceptable by the court, is too long to type here.

      The Constitution long ago stopped holding the importance it was intended to have.

    18. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 1, Interesting

      I've been trying to respond to the Grandparent post, but apparently I'm a cowboy who can't post twice in the same hour ("It's been 1 hour, 2 minutes since you last successfully posted a comment"). So I'll (attempt to) put both in the same comment. One part agrees with you, one part does not. Here's the part I disagree with:

      The machine is not broken, the Constitution remains to this day a framework that is viable, and valid.

      I maintain that the Constitution IS broken, and is no longer viable, and that the Supreme Court has ruled that it doesn't even apply. An example is the absurd lengths of copyright. The Constitution gives Congress the right to "secure, for limited times", artistic and scientific work, legalizing copyright and patent laws. The court said in its opinion that "limited" meant whatever Congress says it means; a million years is a limited time.

      They had to amend the Constitution to outlaw alcohol, so why could they outlaw other drugs without an amendment? If a woman has a right to remove a fetus, why can't she insert cocaine or rat poison? Where in the Constitution does it give Congress the right to restrict drug use?

      I wrote a piece a few years ago titled Liberty? What liberty?, listing the bill of rights and how it has been rendered meaningless.

      My 4th amendment rights have been violated twice this year, once on Memorial day! On the day we commemorate the deaths of soldiers who died defending our rights, a crazy ex-girlfriend (Chris) came by looking for my house, and scared some of the neighbors, who called the cops. The cops opened my garage and had a look around before knocking on my door; I pawned the crazy old bitch of on them, who took her home (her BF had locked her out which is why she came looking for me, wanting a place to sleep).

      I was searched for drugs this summer. No arrest, no warrant, just pounced on and searched, because I'd given a woman a ride to what turned out to be a dope house (I sure can pick 'em, can't I?)

      From the GP (this is responding to the guy you are responding to):

      For all of the bashing the left does about Bush

      I got some news for you, skippy - "the left" aren't the only ones bashing Bush. He has a lower approval rating than even Herbert Hover did after the economy collapsed. The only ones NOT bashing him are the droolers who are too damned stupid to realise what an incredibly awful, offal job Bush is doing by any measure.

      -mcgrew
      (linked text is titled "Outlaw the American Secret Police")

      PS- my voting record in Presidential races:
      Nixon (R)
      Carter (D)
      Reagan (R)
      Reagan (R)
      Bush (R)
      Clinton (D)
      Clinton (D)
      Gore (D)
      Badnarik (L)

      I'm hardly a leftie. My take on government is that it's supposed to protect me from you, and provide basic infrastructure (roads, schools, etc). Since 40,000 people die every year on our highways, the terrorist I'm scared of is in an SUV. I want to see some of that Homeland Security money going to improve our roadways, instead of wasting it on Bush's stupid Iraq war.

    19. Re:In Defense of Bush (sorta) by epee1221 · · Score: 1

      For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this. A police state machine is a police state machine, all the time, not just when a "good guy" is driving it. Stop attacking Bush, and start looking at the machine!
      Right. People don't kill people. Guns kill people.
      --
      "The use-mention distinction" is not "enforced here."
    20. Re:In Defense of Bush (sorta) by tjstork · · Score: 1

      If the left ever gained absolute power in this country, we'd all be in concentration camps,

      Only if you could get environmental permits for the camps. And, oh lord, do the ovens have proper CO2 sequestration or offsetting carbon credits?

      --
      This is my sig.
    21. Re:In Defense of Bush (sorta) by Anonymous+Psychopath · · Score: 1

      Not replying directly to the parent, but it's as good place to interject my thoughts as any. After all, isn't /. a place where everyone is interested in what I say? No? :P

      Republican, Democrat, I really don't care. I think it's very simplistic to say that one party is the party of "Good" and the other party is the party of "Evil". They're all Evil, self-serving pricks. Choose your issues, pick your party and vote your candidate, but don't be self-righteous about it.

      In proof that the two parties are as Evil (or Good, if you prefer) as each other, I present the following:

      Name this President.

      He used racial profiling to effectively suspend habeas corpus for, arbitrarily relocate, and in some cases imprison and seize the personal property of many, including both US and non-US citizens.
      He engaged the US into one of the most costly wars we've ever fought. The war we are currently engaged in is statistically insignificant in comparison.
      One of the major justifications we use today for this war involve human rights violations.
      He used our tax dollars, money that we needed at home for social programs, to instead build infrastructure for our defeated enemies.
      He was so incredibly popular that Congress enacted legislation to limit future Presidents to only two terms in office.
      He is perceived today as one of the greatest Presidents in US history.

      It should be obvious by now that I'm talking about Franklin D. Roosevelt, who happened to be a Democrat. I'm not saying that the Democratic party is defined by the Evil committed by him and his administration, nor is it defined by the Good they also did. Neither should the Republican party be defined by today's administration and events.

      --

      Eagles may soar, but weasels don't get sucked into jet engines.

    22. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      Just an observation here:
      tjstork was trying to point to the "inherent" bug "in" the system. In short root-cause and debug approach, which may encompass redesign etc.
      zappepcs on the other hand is focused on the "apparent" bug "of" the system and merely wants to apply a patch and hope that the "bug" will just go away.

    23. Re:In Defense of Bush (sorta) by Sylver+Dragon · · Score: 1

      You come so close, but: FAIL!
      If you had stopped at the second paragraph, you'd have been fine; but. you just had to turn it into an anti-democrat rant.
      The problem isn't the Republicans it isn't the Democrats; the problem is that we the people have let our federal government grow out of control. Yes, much of it can be traced back to the New Deal and a the push for socialization which started at that point, but the cause has been taken up by both sides of the aisle ever since. Seriously, try and pick out a president since FDR who worked to slim down or weaken the federal government. Heck, you could probably push this all the way back to Lincoln, but I'm not sure enough of that time period to make that leap.

      As you stated, the problem is more the machine, and less the operator. We have allowed ourselves to be coerced and cajoled into a police state, and most of the people in the US are OK with that. When privacy is destroyed they fall back on, "if you don't have anything to hide, you have nothing to fear." A truly asinine position which assumes that information collected now will never be abused later, and that privacy serves no useful purpose. When our government engages in torture, these same people will justify it by arguing moral equivalence with the people we are fighting. Never mind that the US puts itself forth as a paragon of justice and human rights. The real test of one's convictions are not how you keep them up when they are easy, but when they are hard; and, of course, the government is always right and would never use torture on US citizens to coerce false confessions...whoops.

      Complaining that the current state of our government is the fault of the left-wing, the right-wing, or the chicken-wing is a pointless exercise in stupidity. It is the fault of the people for allowing it to happen, and going along with it as it did. The two major parties simply use this as a tool in their war against the other side. When the Democrats are in power, the Republicans will sit on the sidelines and snipe at them about growing the government and proudly proclaim that they will stop this if elected. And the people buy it and elect the Republicans. Then the Republicans go about growing the government, in different directions mind you, and never actually shrinking it anywhere. Then the Democrats sit on the sidelines and snipe at the Republicans for growing the government and proudly proclaim that they will stop this if elected. And the people buy it and elect the Democrats. then the Democrats go about growing the government, in the directions they had previously, but not in the same direction which the Republicans did.

      And it goes back and forth, endlessly. The problem is, both sides want an overgrown federal government, and they both do everything they can while in power to grow it they way they want it. But neither side ever shrinks or undoes the growth by either their own or the other side. Because in the end, both sides want the federal government as large and powerful as possible. It is much easier to wield massive power if it is centralized, so both sides aim to increase federal power and never shrink it. The Republicans, the Democrats, the left-wing, the right-wing; all of them are heads on the same damned hydra. As long as we the people keep letting ourselves believe that any one head is different from the other, our country will be in peril. No matter which head says the things you like to hear, you will still end up in the same stomach of the police state. The only way out is for us to abandon the failed plan of an expansive federal government and return to a federalist system of decentralized government, with a central federal government to keep the states from becoming tyranny's themselves.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    24. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      LOL He invented a war? Ever hear of the war on drugs? The administration ALWAYS creates a war, no matter what the cost.

    25. Re:In Defense of Bush (sorta) by DrKarl · · Score: 1

      "Look at the facts. What Democrats opposed passage of the full 9/11 commission recommendations - essentially turn the USA into a police state. What Democrat has offered to repeal USA PATRIOT? "

      Senator Russ Feingold of Wisconsin did. The lone vote against the original Patriot Act, and the main fighter of its renewal. Also, he's pissed about the warrentless wiretapping too.
      http://feingold.senate.gov/

    26. Re:In Defense of Bush (sorta) by Myopic · · Score: 1

      You are talking about Dennis Kucinich? I dunno, the last vegetarian I know of who got elected was Hitler.

      The Constitution is cute. I like parts of it, but I'd prefer a Constitution that would allow things like the federal bank to exist. I'm glad that we've ignored parts of the Constitution since it was first written. Other parts, I wish we wouldn't ignore. Other parts, I'm glad we don't ignore.

    27. Re:In Defense of Bush (sorta) by Myopic · · Score: 1

      Agreed. Democracy functioned as designed. People got what they voted for. Too bad voters make so many boneheaded decisions.

    28. Re:In Defense of Bush (sorta) by vsync64 · · Score: 1

      In the Senate maybe. I know in the House at least Ron Paul opposed the "USAPATRIOT" Act and argued for its repeal since.

      I don't understand how anyone can claim to have voted for it in good conscience, given that most of them had not even read it before voting, and many at least were never given the chance to.

      The Sunlight Rule would be a nice start to fixing the problem.

      --
      TO BUY A NEW CAR WOULD MAKE YOU SEXUALLY ATTRACTIVE.
    29. Re:In Defense of Bush (sorta) by MickLinux · · Score: 2, Insightful

      You say the Constitution remains to this day a framework that is viable and valid.
      Name any one of the ten amendments that is not regularly broken.

      Or perhaps you mean that there are checks and balances?

      I might note that most of Bush's appointments, which are supposed to be confirmed by the Senate, are unconfirmed. That's a sign of a dictatorship.

      I might also note that the CIA appeared to capture the US presidency in the Reagan/Carter election, after a disenchantment with Carter for shaking up the CIA. It was the week before the election, when most candidates are off campaigning like crazy, and Carter was running the Iranian hostage rescue mission, and Bush was nowhere to be found, and the mission failed due to mysterious breakdowns that were later explained. (Just as this pdf was mysteriously classified.)

      I contend that it would be a grave mistake to assume that the Constitution is valid. Instead, I suggest that the proper view would be to consider that the government is in power, and that the Constitution will be followed where it is convenient to be followed. But don't risk too much on that supposition.

      As for rebelling against authority, I take the viewpoint that if God lets us be placed under an authority, even a bad one, then rebelling against the authority is also rebelling against God. Better not do it -- better just accept the trials that will come. This is the same viewpoint as Christians who willingly went to Auschwitz, as the price of their Christian faith and (in some cases) dual Jewish heritage, saying "Let us go to suffer for our people."

      Well, the time may soon be coming. Whether it comes from Islamists or from my own authority is not so important.

      St. Malachy named the popes, through Benedict ("The glory of the olive": to understand, the Benedictines are called the Olivine order." After that, he said "In the final persecution of the Holy Roman Church there will reign Petrus Romanus, who will feed his flock amid many tribulations; after which the seven-hilled city will be destroyed and the dreadful Judge will judge the people. The End." "

      Anyhow, I consider that we may well be living in a dictatorship -- but I am not so alarmed at that, as I am alarmed at the fact that we follow every silly false god that presents itself, in mass stampede. To me, the former is just a symptom. The latter is the terrible disease that causes that symptom, and many others.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    30. Re:In Defense of Bush (sorta) by xant · · Score: 1

      Remarkable, sir. This may be the closest thing to a defense of Bush that I've ever agreed with.

      --
      It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    31. Re:In Defense of Bush (sorta) by tjstork · · Score: 1

      If you had stopped at the second paragraph, you'd have been fine; but. you just had to turn it into an anti-democrat rant.

      Well, no. I meant to say really, -both- parties have failed. That's the point. I agree with your post completely. MY anti-Democratic part was really kind of a warning.

      I thought with Bush + a Republican congress, we'd have a massive federal shutdown...instead we got even more federal spending. Dems are going to do the same thing - get all three branches, and then, more of the same! All of these things they rail about will suddenly be ok, because they are the ones doing it. Or its for mother earth, or some other cause.

      And, in the Dems defense, if Bill Clinton had pulled what Bush has pulled, the right would be up in arms.... but there's nothing... like, I never thought in my life that I would be at a party with a bunch of right wingers explaining why its ok for the government to not have warrants for searches. I don't get it.

      The ends do not justify the means.

      --
      This is my sig.
    32. Re:In Defense of Bush (sorta) by martin-boundary · · Score: 1
      Bush does matter: He's the proverbial canary in the coal mine.

      What you're saying is: don't cut off the air of the canary, it's not doing the real damage, it's just a powerless bird. But as long as the canary lives, the miners know that it's safe to keep digging. When the canary is dead, the miners get scared for their own lives and go back up.

      So it's wrong to claim Bush isn't the real problem, and bashing him won't do any good. In reality, Bush needs to be bashed with prejudice in all media and political venues, because 1) it causes tactical problems for those who control the Washington agenda, 2) they might get hit in the political crossfire, and 3) the people behind the scenes with real power and wealth will get the message that it's a lot more expensive to do business.

    33. Re:In Defense of Bush (sorta) by ioctl · · Score: 1

      For the less informed among us, do you have any urls to back up the comment on candidates for 2008?

      -- ioctl

    34. Re:In Defense of Bush (sorta) by m2943 · · Score: 1

      For all of the bashing the left does about Bush, what is more telling is that Bush didn't really create the modern government that is capable of doing this. Everyone has had a hand in this.

      He's the president; if there's a problem, he has the means fix it.

    35. Re:In Defense of Bush (sorta) by m2943 · · Score: 0, Troll

      Under Bush, this nation has sunk to new lows, but it started sinking long before he got into office.

      And when would this mystical period in US history be when the US was supposedly doing better? The Reagan years? The Carter years? Nixon? JFK? Or the 19th century, with slavery and expansionary wars?

      Or, for that matter, what other nation has been doing better? France? England? The holier-than-thou little European nations that got taken over a couple of times every century?

      Politics is dirty and democracy is hard. But on the whole, the US is doing better than other nations, and on the whole, we are making progress.

    36. Re:In Defense of Bush (sorta) by mattpalmer1086 · · Score: 1

      As for rebelling against authority, I take the viewpoint that if God lets us be placed under an authority, even a bad one, then rebelling against the authority is also rebelling against God. Better not do it -- better just accept the trials that will come.

      I just don't get this attitude. If God "lets" anything bad happen, you are advocating doing nothing about it? If a landslide buries your mother, you'd do nothing about it? I am not a Christian, but even I understand that free will requires that God does not intervene - that we are free to make our own decisions, for better or worse. Surely this freedom imposes a responsibility to act when you perceive a wrong?

    37. Re:In Defense of Bush (sorta) by Sylver+Dragon · · Score: 1

      Well, no. I meant to say really, -both- parties have failed. That's the point.

      Then let me retract my comment on that. In reading your post, it seemed to be yet another: the government is screwed up and its all the Democrats' fault. I truly feel that it is important that the people start to ignore the partisan bickering coming from the major parties. We need to realize that the problem is the overgrown government, and that we are all culpable in its creation. We either need to kill the hydra that is the Republican-Democrat majority or we are going to face some rough times in the future.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    38. Re:In Defense of Bush (sorta) by Anonymous Coward · · Score: 0

      Except that residents of northern Europe are generally happier with life than residents of America.

    39. Re:In Defense of Bush (sorta) by MickLinux · · Score: 1

      The Bible doesn't say "All natural disasters of from God". However, Paul and Peter both agree in the NT that all authority is from God. That is confirmed by Christ at the crucifixion, who said to Pilate, "you would have no power over me, if God did not give you that power. It is also confirmed by Jeremiah in the case of the Babylonian exile: if God puts you under a wicked nation, you are still to bow to those laws, and work for the good of that nation. That is why the greater sin is not yours." In other words, even Pilate's power over Christ was from God. Since the Bible is forthright that all authority is from God, though, and indeed prohibits rebelling against the authority, it is a case of direct order not to rebel against that authority. It's not even a question of personal conviction. (That is, the well-trained conscience is still paramount, but a well-trained conscience will not go against a clear, direct order in the Bible.)

      So it isn't whether we should act or not act in the face of natural disaster -- that is a matter for personal conviction, and depends on the circumstances. As a matter of fact, in my current state in life I find it more right to not act, but to pray over certain daily issues. On other issues, such as the tub linking water onto the floor and rotting it out, I find it more right to act.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    40. Re:In Defense of Bush (sorta) by mattpalmer1086 · · Score: 1

      Thanks for your explanation - I didn't know that human authority was sanctioned by God. Does this mean that anyone who rebels against human authority is committing a sin, or is it possible to commit a greater sin by not acting in the face of oppression?

    41. Re:In Defense of Bush (sorta) by MickLinux · · Score: 1

      Thanks for your explanation - I didn't know that human authority was sanctioned by God. Does this mean that anyone who rebels against human authority is committing a sin, or is it possible to commit a greater sin by not acting in the face of oppression?

      This was a serious question for St. Thomas More, chancelor under King Henry VIII ("A man for all seasons" for the entertaining movie... but there are some much more accurate biographies out there.)

      The view he took on this was rather that if a rebel was successful in his coup, and did not fall, then that was proof that God had overthrown the old kingship, and once he was established, a subject could rightfully support him. But if, later, he did fall, then that was proof that one had been wrong to support him, but that since that fact couldn't be known ahead of time, there was no grave sin attached to the support.

      That's a little more than I can quite swallow, myself. My tendency in thought is rather that if one is going to be an active, faithful Christian, one is not going to actively rebel against the authorities. But that doesn't mean that some wicked person won't rebel. And God does, in the process of honoring the free will he gives us, allow wicked people to clash against each other and destroy each other. Sometimes good people get killed in the process, as well. But since the important period is the eternal life -- not this temporary phase of "growing up" into the full stature of Christ -- then that's not going to be of such worry for God. Rather, his worry is to pull as many people into the kingdom as possible, before they die. And that should be the Christian's worry, as well.

      So then, the question of a sin, or a greater sin, becomes rather a question of "what actions will do the most to bring people into the kingdom of God?" As an added benefit, there will be the most true peace and the least oppression if people are in the kingdom of God rather than out of it, since it isn't possible to hate one's brother -- or even desire his goods -- if one is obeying God's commandments. Interestingly, the experience of some saints that were under the Nazis in Auschwitz (such as Macmillan Kolbe, for a Catholic, or the author's sister Betsy in "The Hiding Place" for an evangelical) was that bowing to that oppression, if done in charity, brings an end to the oppression. It brings the oppressor, often enough, into the kingdom of God, and halts the evil that was ongoing.

      That shouldn't be a surprise, because evil is neither original nor definitive. Evil, rather, is a chosen lack of goodness, but it is nonetheless, a *lack* of goodness.

      So then that then opens the door to valid questions such as "should I hide these Jews in a secret room in my house, from the Nazis?" or better, "Should I, as a non-Jewish Christian, take the Jewish star as a symbol of solidarity?". That's not as a rebellion -- rebellion was the assasination attempt against Hitler, for example. But it is rather a seizing hold of a greater authority ("Love your neighbor as yourself"). Note that the latter question of taking the Jewish star was said to have been taken by the Danish king -- it wasn't, according to This site. But the true story, as described on the website, was more realistic and just as real a question for the Danish people and the German Georg Duckwitz, under the authority of the Danish king and the attempted usurpation of authority by the Germans. Interestingly, it appears that Georg, although undermining his reich's desires, was acting fully within authority. So were the Danish citizens.

      As far as sin goes, there are only three classes of sin for a Christian that I am aware of: sin, deadly sin, and unforgiveable sin. The unforgiveable sin is blasphemy against the Holy Spirit, and is a inherent rejection of forgiveness. The deadly sin is also called "mortal sin", and involves (a) a serious offense, such as those against the 10 commandments, (b) freely accepted by the wi

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    42. Re:In Defense of Bush (sorta) by mattpalmer1086 · · Score: 1

      Many thanks for your lucid and lengthy explanation. For myself, I would like to think I would oppose oppression, although I have never been placed in such a difficult situation. Being essentially agnostic and humanistic, I must make my moral decisions on the basis of good in this world as I perceive it.

      I'm not that clued up on religion, although I'm generally familiar with Christianity, growing up in the UK. The moral and theological issues that arise are fascinating though.

    43. Re:In Defense of Bush (sorta) by MickLinux · · Score: 1

      If your find that the moral and theological issues are fascinating, you might like the almost-was interview with Pope John Paul II, "Crossing the threshold of Hope", available online here. The interview questions are all on the page I gave you, and then you can click on the answers. For myself, I got it on books-on-tape, which was kindof neat, because it was done like an interview with two voice actors speaking.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  19. Amateurs by Anonymous Coward · · Score: 0

    I pity the FBI of 2007. In my worldline, they just use TSS to protect classified information.

    Forget guys in black suits showing up at your door; that just scares people and makes them want to revolt. Quietly, with the least amount off disturbance possible, information is erased. Those who are really persistent at this kind of thing (create an automated bot to spam now-classified information) are just 100% TSSed. After they can't collect their paycheck, use their bank, pay their taxes, pay their bills, access their music collection for a few days/weeks/months, they give in, they always do.

    Trusted Computing, what a brilliant idea.

  20. The reason is obvious... by jc42 · · Score: 3, Interesting

    It reminds me of the Jim Morin cartoon last week. That was about another case of "national security" being used to suppress information that was embarrassing to the government, but the basic idea is the same.

    There's lots of historic evidence now that official secrecy in the US (and all other governments) rarely has anything to do with "national security". The primary reason for secrecy has always been to prevent a government's own citizens from knowing about the inner workings of their own government.

    Suppression of evidence that would exonerate a defendant in a criminal court case is the most egregious sort of misuse of official secrecy, true, and it's routinely used for things much less important than this. Occasionally, it is actually used to prevent a nation's external enemies to learn something embarrassing. But mostly it's just to keep internal enemies (aka "citizens") from learning things that the government doesn't want you or me (or a judge) to know.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  21. Re:Even-handed coverage... by Zeinfeld · · Score: 5, Insightful
    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists?

    That is entirely the point. If you talk to any member of the JAG corps about torture they will tell you that the reason the US did not permit its troops to torture others is that it is the only way that the US could protect its own troops.

    Of course there are always enemies that do not respect the rules of war, that is why the Nurenberg trials were held.

    Te Abu Graihb photographs and more importantly the conspicuous decision not to hold anyone in the chain of command accountable for them has demonstrated that the US does torture. And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs.

    More importantly the US has conceeded the moral case in the war on terror. It is the same mistake made by the British at the start of the IRA terrorist campaign. Internment without trial did nothing to stop the violence and the future leadership of the IRA emerged from the internees. Gerry Adams wrote his famous series of monographs under the name 'Brownie' which developed the Ballot-Bomb strategy.

    As a result many US politicians who should have known better supported the IRA even as they were murdering civilians in the UK. People like Rudy Giuliani were attending IRA fundraisers right up to 9/11. Giuliani even gave Gerry Adams a 'humanitarian award' on behalf of NYC and expressed the hope that he would force Clinton to speak to Adams even without the renunciation of violence that Clinton demanded. A few months later Adams and Co blew up a shopping mall.

    In the days after 9/11 everything changed. It was no longer hip to support the IRA. Rudy attended a NORAID fundraiser immediately after 9/11 but only after the IRA agreed the money would go to the 9/11 victims. After that US funding for NORAID disappeared entirely and the IRA finally accepted the demands that they had long resisted to disarm.

    The reason the IRA had to pack it in was precisely because they had finaly lost the moral case that had been carelessly handed to them in the opening years of the troubles.

    The model that HMG followed in defeating the IRA was to copy the West German authorities strategy for dealling with the Baader-Meinhof gang. The Germans refused to treat the RAF as political prisoners, they were always treated as common criminals.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  22. Plot to Fahrenheit 451 by InvisblePinkUnicorn · · Score: 1

    "By coercing a confession from this guy, the FBI basically would be letting the *actual* terrorist go free and clear. If this doesn't make sense to you, imagine the case of a rapist on the loose. Imagine that every time a woman was raped, the police chose from a hat and arrested and tried a random person. Would that make your wife safer on the streets alone at night? Having a random guy in jail while the real rapist is still out on the hunt? What's more, thinking that the rapist is in jail, she might be MORE inclined to enter into riskier situations."

    This is basically what happened in Fahrenheit 451. The police were trying to catch the main character, with thousands of people watching the chase live on TV. When the police realized they wouldn't find him, they went into their public files to find someone else eccentric to catch, just to give the audience some closure (and to maintain their "perfect record" appearance).

  23. From the redacted opinion by PartPricer · · Score: 2, Informative

    From the redacted opinion:

    "This opinion has been redacted because portions of the record are under seal. For the purposes of the summary judgment motion, Templeton did not contest that Higazy's statements were coerced."
  24. Re:Even-handed coverage... by Deadplant · · Score: 1

    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists? Ya, and just this morning the local paper was going on and on about how this one woman was kidnapped and murdered in my home town.

    Don't they know that women are being kidnapped and murdered in other countries too? I mean jeez! why don't they write about that instead?

    /sarcasm

  25. Of Course... by Nom+du+Keyboard · · Score: 1

    Of course, we only have your word for this now. How long before you become classified?.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  26. Re:Sure. by Anonymous Coward · · Score: 1

    Sounds like they learned it from George Bush.

    The Federal Investigations Bureau (er, I mean, Federal Bureau of Investigations) is part of the executive branch of government. So actually George Bush is their boss.

    Considering the clusterfuck that was FEMA in Katrina, I'd say now is a really good time to be a criminal.

    I had a run-in with the FBI, DEA and local police all at once last summer (note to self: never give a ride to a prostitute). They thought (and may have been right) that the girls were buying drugs, as the cop informed me that the house I was parked in front of was a drug dealer.

    So instead of arresting the dealer, they're trying to bust the people who visit. It turned out that one of the 2 girls I was giving a ride to had a crack pipe in her purse. They could have busted her for the pipe, but apparently theere were two teams of cops in a competition to see who could bust the largest number of drug users and doing the paperwork for a bust over the pipe would have made that team lose the competetion. So they made her break the pipe and sent us on our way after pointing guns at us, searching my car without warrant, arrest, or permission, searching me (not fun having a gay cop's hand on your balls), and searching the girls' purses.

    Your tax dollars at work.

    -mcgrew
    (part two of the linked story)

  27. Precisly why government secrecy is bad. by WhiteWolf666 · · Score: 3, Insightful

    Government secrecy will *always* be used to hide incompetence and evil.

    There is *no* reason for secrecy within our government. There are *no* reasons for classified material at all. Not any more.

    We live in a unipolar world. We are the "strong". There isn't any more reason for us to play cloak and dagger, all we have to do is sit back, have proper, up-front security measures, utilize common sense public surveillance (i.e. patrol officers in problem areas, surveillance inside airports, monitoring of known "bad guy" websites), and we'll be safe.

    I cannot, for the life of me, imagine why any of the secrecy provisions pushed forth by the Bush administration contribute to our security.

    For that matter, I don't believe that any of the other CIA/FBI "black ops" contribute either. Rendition might make some warhawks in the executive branch feel good, but it is nonsensical that it helps to protect our nation. Better XRAY machines, and locks on cockpit doors protect our nations. Paying our troops more money protects our nation, as would federal marshalls on planes, and a whole bunch of other measures.

    But taking our suspected enemies to Libya and beating the crap out of them? What does that accomplish?

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    1. Re:Precisly why government secrecy is bad. by Anonymous Coward · · Score: 0

      The other side thinks that we are one misstep away from losing dominance.

      I'm quite serious about this, too. A few weeks ago I was talking with my father and things turned to politics. He's very much right-wing, total Bush believer and all that. He literally believes that everyone who is against the war in Iraq and who is against invading or at least heavily curbing Iran is like the proponents of appeasement in the late 1930s. He literally believes that the nutbar crowd it Iran is just a couple of years from making a serious bid at taking over the world like Nazi Germany did. Small facts like the disaparity in population, in the size of the economy, in the reach of the respective militaries, etc. do not deter this thinking in any way. Those people are crazy and evil, yes, and in the minds of the far right that means that they must be stopped. Looking at capabilities just doesn't come into the picture. It is kind of frightening, because true intelligence should be looking primarily at capabilities and only very distantly at motivations or allegiances, which change much more easily.

      Anyway, this is why all of this crap is being done. These people truly believe that if we do not put forth our best effort then we will lose this war. They believe that the current threat is just as dire as the threat of Nazi Germany, and just as dire as the threat of the Soviet Union, and because of this any and all measures needed to protect ourselves are justified.

  28. Scrapbook Firefox Add-on by Insightfill · · Score: 0, Offtopic

    Scrapbook is a neat one that you can install for Firefox to keep a record of every page you visit (on your computer). If you visit a web page and discover that it's different at a later time, you can browse Scrapbook for the old version of the page. The bonus is that it seems to keep the page format and structure intact.

    1. Re:Scrapbook Firefox Add-on by Insightfill · · Score: 1

      Oh for CRYING OUT LOUD!! Topic as about a web site that changed it's story over time, I post a link to a personal web archival addon for Firefox, and it gets modded OFF-TOPIC?!

  29. Re:Even-handed coverage... by Hijacked+Public · · Score: 2, Interesting

    And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs. No.

    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads. And if it wasn't, those of us on the ground in Somalia, watching video of our captured brothers, figured it out.

    So no, I don't think the photos were any kind of deciding factor for anyone.
    --
    "Sacrifice for the good of The State" - The State
  30. Google News question by Insightfill · · Score: 4, Interesting

    OK, a search on Google News on "Higazy" when the story broke showed a whole SIX hits, went down to zero for a while, then went back up to one. Any idea what's going on here?

    1. Re:Google News question by Insightfill · · Score: 1

      Replying to myself; it seems that Google News is now showing over 100 hits for "Higazy", so it appears things are perking up.

    2. Re:Google News question by EricWright · · Score: 2, Funny

      Either Google News hates you, or /. actually has NEWs.

      "Results 1 - 10 of about 103 for Higazy"

    3. Re:Google News question by Chris+Mattern · · Score: 1

      I've got to wonder what you're talking about. When I searched Google News for Higazy, I got over a hundred hits. Abdallah Higazy returned over sixty.

      CHris Mattern

    4. Re:Google News question by Myopic · · Score: 1

      I just got 99 hits on GN.

    5. Re:Google News question by soulsteal · · Score: 1

      They had to re-adjust the tinfoil lining around the story.

  31. Re:Haha ... SlashKos liberalism panic post by Anonymous Coward · · Score: 0

    Blah blah blah liberal blah blah blah chickens blah blah blah Rush Limbaugh blah blah...

    You catch the government with their pants around their ankles and you still get guys like this going "What? His pants are fine!"

  32. Transcript of removed text by Anonymous Coward · · Score: 3, Informative
    Here is the full transcript of the removed text as of the original statement http://howappealing.law.com/HigazyVsTempleton05-4148-cv_opnWithdrawn.pdf:

    Higazy alleges that during the polygraph, Templeton told him that he should cooperate,
    and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny"
    and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted
    that he knew how the Egyptian security forces operated: "that they had a security service, that
    their laws are different than ours, that they are probably allowed to do things in that country
    where they don't advise people of their rights, they don't - yeah, probably about torture, sure."


    Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in
    danger." He explained that "[t]he only thing that went through my head was oh, my God, I am
    screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is
    going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And
    Agent Templeton made it quite clear that cooperate had to mean saying something else other than
    this device is not mine."


    Higazy explained why he feared for his family:
    The Egyptian government has very little tolerance for anybody who is --they're
    suspicious of being a terrorist. To give you an idea, Saddam's security force--as they
    later on were called his henchmen--a lot of them learned their methods and techniques in
    Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My
    mother is 61. I have a brother who developed arthritis at 19. He still has it today. When
    the word 'torture' comes at least for my brother, I mean, all they have to do is really just
    press on one of these knuckles. I couldn't imagine them doing anything to my sister.


    And Higazy added:
    [L]et's just say a lot of people in Egypt would stay away from a family that they know or
    they believe or even rumored to have anything to do with terrorists and by the same
    token, some people who actually could be --might try to get to them and somebody
    might actually make a connection. I wasn't going to risk that. I wasn't going to risk that,
    so I thought to myself what could I say that he would believe. What could I say that's
    convincing? And I said okay.

  33. Redacted part by InvisblePinkUnicorn · · Score: 4, Informative

    Here is the redacted part:

    Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."

    Higazy explained why he feared for his family:

    "The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister."

    And Higazy added:

    "[L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay."

    1. Re:Redacted part by Anonymous Coward · · Score: 1, Funny

      I believe you meant to post:








      Sincerely,
      The FBI

  34. Re:Even-handed coverage... by Anonymous Coward · · Score: 2, Interesting

    This blog highlights the effects that our executive branch is having on our Right to confront our own government's behavior.

    It is important because it shows a concerted effort to keep secret the systematic and despicable actions of people in our agencies, who act on our behalf, using ineffectual techniques that have yielded injustice. No good comes from protecting incompetence.

    If you want to obfuscate or redirect the conversation... too bad!

  35. Re:They Should Have by Anonymous Coward · · Score: 0

    You just don't get it, do you? He WASN'T a bad guy and the information that was "classified" was in NO help to any other bad guys out there. It was designed simply to cover up for a nasty little FBI fuck up concerning the use of a buzzword.

    If any of my relatives got tortured because some idiot left something in the hotel room they happened to stay in (and, yes, they are Filipino so I do somewhat worry), I'd be pretty ticked off myself.

  36. If You Are Serious... by Anonymous Coward · · Score: 0

    ...about the issue of privacy and such, you'll stop the gratuitous use of tags and terms like Nazi, fascist, etc.

    As soon as someone sees this they automatically categorize you as a left wing, rabid, Bush hating, fruitcakes (MoveOn ,Democratic Underground, DailyKOS, etc. Don't expect them to listen to you.

    If you want to see the real story of democracy to fascism in the making, just look at Venezuela.

    Chavez...president for life, and the ability of their security forces to arrest and hold citizens without cause or charges...codified in law are just a few of the things to come.

    1. Re:If You Are Serious... by DahGhostfacedFiddlah · · Score: 1

      Okay, what degree of fascism is coercing confessions from innocents, and then classifying that the confessions were coerced? 6/10?

      Fine - I'll tag this fascism_6of10. Stories from Venezuela, I'll tag fascism_9of10. Better?

    2. Re:If You Are Serious... by Anonymous Coward · · Score: 0

      Tag it misconduct, violation of policy, whatever.

      Fascism is a political system. As someone in an early post insightfully pointed out, we don't not have a fascist political system. It is the same system that Bill Clinton and Jimmy Cater had.

      If a lot of you guys were alive during WWII, you'd be curled up in a fetal position from all of the civil liberties restrictions.

  37. Re:Even-handed coverage... by jythie · · Score: 5, Insightful

    Ah, the "other people do bad things, so our government should be able to do whatever it likes!' argument.

    Even if it isn't as bad as what the Islamics do, I don't think that the US government holding that behavior up as something to do it'self is a good thing. We are supposed to be FIGHTING this behavior, not emulating it.

  38. Print to PDF by Anonymous Coward · · Score: 0

    Always print something like that to PDF. You can just delete it later if you need to.

  39. Re:Even-handed coverage... by vux984 · · Score: 1

    Long before those photographs were published many US soldiers expected to be tortured if they were captured.

    I agree with you entirely.

    During some of the higher level Marine SERE training that was pretty well drilled into our heads.

    Its scary part of military training is to provide you with the information and preparation you need. And the another part is to provide dehumanize your enemies, so you don't hesitate to pull the trigger when its time, so that you never question whether or not your fighting for the right side.

    I wouldn't put it past our military to spread misinformation to its troops. Other militaries have done this.

    Not that I'm saying this is misinformation; I'm sure in this case it wouldn't have been. But on some level you almost have to question what you hear because you are being told what they think you need to know to get the job done. And that is not necessarily the truth.

  40. For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 5, Informative

    You probably don't realize that not only does torture not work, it actually gives you incredibly bad information.

    The suggestion by a poster that they "give him warm milk and cookies" is actually one of many proven methods of interrogation.

    Interrogation - the act of questioning. One has a number of people interact with the subject, and one or more of those people takes "the side" of the person being interrogated, bonding with them on many levels.

    This works very very often.

    It is far more effective, gives highly reliable results, and if cross-referenced, will yield even more results.

    In short: Torture does not work. Interrogation - not involving torture - does work.

    We'd be far better off spending 1/1000th as much as we waste on military ops against terrorists and hiring trained police interrogators (not torturers) and detectives who understand the social and cultural background of the terrorists.

    Mind you, a few nukes in Saudi Arabia would solve the whole problem, since Iraq has nothing to do with 9-11. FYI, Pakistan is not our ally, no matter what they tell you.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:For those who have had no counter-terrorism exp by stwrtpj · · Score: 2, Funny

      The suggestion by a poster that they "give him warm milk and cookies" is actually one of many proven methods of interrogation.
      And if that doesn't work, it will be followed by the comfy chair.
      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    2. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 2, Funny

      Never underestimate the power of a comfy chair.

      Especially if you've been standing for 14 hours with metal clips attached to your outstreched arms while your head is covered by a hood.

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:For those who have had no counter-terrorism exp by h4ck7h3p14n37 · · Score: 1

      So how do you get information out of someone who just flat out refuses to speak?

    4. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 1

      So how do you get information out of someone who just flat out refuses to speak?

      You cut out his tongue.

      Oh, wait, that's what a torturer would do ...

      --
      -- Tigger warning: This post may contain tiggers! --
    5. Re:For those who have had no counter-terrorism exp by EEDAm · · Score: 2, Insightful
      "Mind you, a few nukes in Saudi Arabia would solve the whole problem, since Iraq has nothing to do with 9-11. FYI, Pakistan is not our ally, no matter what they tell you."

      How the hell did this get to +4 informative? I would have thought you were trolling or being sar-car-stic about the Saudia Arabia comment but then you go and say, factually, correctly, that Iraq had nothing to do with 9-11 (which it didn't) and very simplistically that Pakistan is not our ally(sic). Lets be charitable and suggest you should have emoted to make this clear. Just in case (and I pray to god I've got this wrong) you meant that straight, it would show a breath-taking lack of understanding of the pro-American stance Saudi Arabia the nation takes (and for whom Bin Laden is a massive dissident) and a breath-taking lack of understanding of the same point in Pakistan. Do you think that Bhutto went back for non-democratic reasons or that those 140 people died because the people doing the bombing were not trying to fuck up the democratic imperative? These are complex countries with complex dynamics and the proportion of people in them who represent the extremists are very low.

      'Joking' (great joke - are you here all week?) about dropping a nuke on anyone is just stupid. But you know that right because you were only kidding. Right? Right???!

    6. Re:For those who have had no counter-terrorism exp by Fotherington · · Score: 0

      Interestingly, the US Army expressly prohibits the use of torture in interrogations. From the US Army Manual for Human Intelligence Collectors:

      "Acts of violence or intimidation, including physical or mental torture, or exposure to inhumane treatment as a means of or aid to interrogation are expressly prohibited." - page 5-26

      This is because, as the GP, the linked post, and the continued existence of ObL demonstrate, torture is a bad way of getting information, and a good way of pushing a lot of fence-sitters the wrong way.

    7. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 2, Insightful

      Sadly, I was not kidding.

      Saudi Arabia was - and today is - the source of more than 95 percent of all funding and volunteers for al-Qaeda.

      Pakistan has played us for decades, getting effective pardons for building nuclear bombs and our continual looking the other way as they basically dangle the odd al-Qaeda sacrificial lamb in front of us.

      And, as you well know, Iraq had absolutely nothing to do with 9-11.

      Facts are just that. Facts.

      Torturing people also doesn't work. Another fact.

      Now, I don't wish to digress further - the main question was torture and it's effectiveness in revealing Truth.

      If by Truth you mean, will a tortured person tell you what they think you want to hear? Sure.

      But that will usually not be the truth.

      --
      -- Tigger warning: This post may contain tiggers! --
    8. Re:For those who have had no counter-terrorism exp by sam_handelman · · Score: 3, Interesting

      I disagree that Nukes would solve anything.

        If we pay attention to the legitimate grievances of the local population, and behave ourselves, the local population, who fear and despise the Jihadist movements as a rule, will turn the Jihadists in (those that remain Jihadist in outlook).

        Even a bare minimum regard for the economic well-being of the general population nips these movements in the bud, which is why they are absent in Turkey (which has religious conservatives, but they are not at all the same) and Libya (hardly a paradigm example in other respects) but so prevalent in Algeria and Egypt.

        In fact, in the wake of 9/11, this is what began to happen. The Jihadist movements were on the run and would have been destroyed.

        Except that we invaded Iraq, religitimizing these movements in the eyes of the general population to a significant extent, and saving them from destruction at the hands of their own populations, who are also their primary victims. So while Iraq had nothing to do with 9/11, the invasion of Iraq contributed immensely the possibility that we'll see further attacks.

        As for nuking Saudi Arabia - we'd see a similar effect. The rest of the world would see attacks against the US as legitimate, and they'd unite against us. US-friendly regimes in Turkey, the Balkans and Indonesia would become unviable. It would be an absolute disaster.

        There are two basic things that we could do to reduce the threat of terror, and they would work:
      1) Police work, as you say.
        and
      2) Basic honor and decency.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    9. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 1

      good arguments.

      Sure, basic ramped up police work and basic honor and decency would work.

      But about six neutron bombs would do a fair job, if combined with an effective competent foreign diplomatic strategy.

      Oh, wait ... hmmm. I see your point. They'd have to be competent.

      --
      -- Tigger warning: This post may contain tiggers! --
    10. Re:For those who have had no counter-terrorism exp by Anonymous Coward · · Score: 0

      >>The suggestion by a poster that they "give him warm milk and cookies" is actually one of many proven methods of interrogation.

      >And if that doesn't work, it will be followed by the comfy chair.

      No, it will be followed by a straw for the milk, or a mirror for his milk mustache.

    11. Re:For those who have had no counter-terrorism exp by stewwy · · Score: 2, Interesting

      don't confuse facts or morality with international politics, its easy to understand if you think of the world as a giant kindergarten with no morals and people(countries) constantly ganging up on others. trying to join with the bullies(guess who's the biggest bully at the moment) to prevent being picked on, picking the wrong side (Soviet Russia, couple of decades ago, look at the pain her allies went through)and generally behaving like little monsters. You even get the occasional totally insane kid everyone avoids (Pol Pot - Cambodia springs to mind). Depressing but it seems a meme to explain a lot that goes on

    12. Re:For those who have had no counter-terrorism exp by Anonymous Coward · · Score: 0

      Nothing? If he isn't going to speak then he isn't going to speak. Are you suggesting we torture him for shits and giggles anyway? Wow, he might even get leads on completely fictitious terrorist plots. How utterly useless.

      At some point you have to accept the limitations of reality, and not cry about it with your fists. That doesn't do anything, you baby.

    13. Re:For those who have had no counter-terrorism exp by NeutronCowboy · · Score: 1

      You do realize that 95% (number taken out of my ass to keep yours company) of all terrorists who detonated bombs on US soil all were... American? So should we nuke the US?

      You have your facts right, but your conclusions are lacking.

      --
      Those who can, do. Those who can't, sue.
    14. Re:For those who have had no counter-terrorism exp by BobMcD · · Score: 1

      You forgot number 3 - minding our own damn business for a while. I agree with Mr Paul when he says we need to pull the troops back, and focus them exclusively on defense. No more nation building, no more 'Team America World Police'...

      Sorry to be repeating myself today, but I'm inspired by the opportunity to change this situation!

    15. Re:For those who have had no counter-terrorism exp by Anonymous Coward · · Score: 0

      " There are two basic things that we could do to reduce the threat of terror, and they would work:
      1) Police work, as you say.
          and
      2) Basic honor and decency..."

      But, what the hell, they jest aint as much fuuun!!!

      Besides, how are we going to justify all that money we spend on the Army?

      You want to know why this is really a problem? Because if you spend all your money on a super-duper hammer, every problem looks like a nail. We have spent a lot of money (much of which we don't really have!) on a super-dooper military. Does it surprise us that this military is now looking for super-dooper wars to fight? It shouldn't....

    16. Re:For those who have had no counter-terrorism exp by WillAffleckUW · · Score: 1

      I thought we were talking about foreign anti-American terrorists.

      But, sure, I wouldn't miss Idaho.

      --
      -- Tigger warning: This post may contain tiggers! --
  41. Re:They Should Have by Anonymous Coward · · Score: 0

    You sir, are a genius. Your reading comprehension skills are unequaled. Oh wait, I meant the other thing: You're a fucking moron. Please obtain some of that thar "book larning" before you post again and make a fool of yourself. The person in question, Higazy, was innocent.

  42. Re:Even-handed coverage... by Libertarian001 · · Score: 0, Troll

    Please tell me you're kidding. Pissing on a holy book and wearing a leash while naked are not in the same league as having your head sawed off with a knife. Sheesh.

  43. oh get a grip by Quadraginta · · Score: 1

    The web is wonderful. But it has more opportunities to be "corrected"...

    And the web is the only important and reliable source of information about the world?

    Dude, how did you function in the 70s and 80s? You are aware that vast swathes of the world (e.g. most folks over age 35) still operate on the basis of exchanging information via little black marks on paper? And that, for them, the fact that foo.pdf is no longer accessible at http://bar.baz.gov/ means pretty much squat? Defining the "memory hole" as "I can't get it via the Web anymore!" is defining cultural amnesia way, way down.

    than the Soviet Union did during the Stalin's purges of the 30s and 40s.

    Now this is mere post-modernist hysteria. Those purges which you so carelessly compare to someone taking a PDF file off a public web server involved the systematic murder or imprisonment of millions of people and a state security apparatus of horrifying dimensions. Comparing on the one hand the trivial barrier of having to go to the public library to look up a document, instead of having it dumped electronically into your lap with a mouse click, to on the other hand wholescale murder and terror on a scale unprecedented since the Romans crucified every 50th man at the end of the Jewish War bespeaks appalling historical ignorance or an amazing lack of perspective. What do they teach in schools these days, anyway?

    1. Re:oh get a grip by RealGrouchy · · Score: 1

      And the web is the only important and reliable source of information about the world? Dude, Oz called. They want their straw man back.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    2. Re:oh get a grip by Quadraginta · · Score: 1

      Dude, both the Clinton and Giuliani campaigns called. They want their shopworn cliche replacing an actual argument back in time for the election.

    3. Re:oh get a grip by Anonymous Coward · · Score: 0

      Now this is mere post-modernist hysteria. Those purges which you so carelessly compare to someone taking a PDF file off a public web server involved the systematic murder or imprisonment of millions of people and a state security apparatus of horrifying dimensions.

      Wow, that sounds like a lot of work, I think I'll just take down the court decision and post a different one, and call anyone who claims to have seen anything else a leftwing moveon retard.

      So now, what exactly did your hysteric screed have to do with the original assertion that putting everything in computers and on the internet opens up more possibilities for the removal of information from the public sphere?

    4. Re:oh get a grip by Quadraginta · · Score: 1

      I think I'll just take down the court decision and post a different one, and call anyone who claims to have seen anything else a leftwing moveon retard.

      Sure, you could do that. That would stop...uh...pretty much only leftwing moveon retards, I'd say. Any serious adult concerned with his own liberty would laugh at the idea that being called names is an effective form of political oppression. Might work on the grade-school playground, but not on the men who struck the Gdansk shipyard, or stood in front of the tanks in Tianenman Square. Really, if this is all American sons of liberty have to complain about, they might as well hang up the tricorn and go have a beer. If they're old enough.

      what exactly did your hysteric screed have to do with the original assertion that putting everything in computers and on the internet opens up more possibilities for the removal of information from the public sphere?

      Well, we'll take it slow. I realize the Internet generation has an attention span measured in microseconds, so that an argument that takes more than forty words to state risks passing through the cerebral cortex without effecting the slightest change in neural proteins, but let's give it a whirl.

      First of all, When you put "everything" on computers, that doesn't mean you throw away all the paper files, magnetic tapes, photographs, et cetera and so forth. That's what I meant by pointing out that in the "old" days, a mere 10-20 years ago, we kept data on paper and pencil -- and pretty much everyone keeping important data still does.

      All you do when you put stuff that exists on paper onto Web sites is you increase the ease with which it's available. You certainly don't increase the amount of information that exists, and you don't usually change whether it's available or not at all. Take Court decisions, for example. They're all written down on paper and filed in big (fireproof) cabinets in the Courthouse. Whether or not they're secret is a matter of law and tradition. If you wanted to read them for the past two centuries, you trotted on down to the Courthouse and spent several hours (or days) thumbing through the files. Nowadays, you can often get it as a PDF with a few seconds googling.

      Well that's nice, and if someone takes it off the Web, I guess you can say that's a step backwards in terms of access, but arguing that it takes us right back to some Stalinist dark ages is just way over the top. At worst it takes us back to 1980, when you had to go to the Courthouse to get the actual paper, that's all. That would be point #2.

      Finally, think carefully through what you said. Copying stuff to the Internet increases the chance that information will be suppressed? That makes no logical sense. There's no way increasing the bandwidth for information flow can make information disappear, you know.

      By the way, it wasn't a hysterical screed, it was a nastily sarcastic and contemptuous screed. Hysteria is when you shriek about the sky falling when it isn't. You can look the word up right on the internet, assuming The Man hasn't corrupted all the online dictionaries in a scary Stalinist plot to suck information out of your brain and turn you into an ignorant peasant slave.

  44. They made a good guy hurt by Anonymous Coward · · Score: 2, Insightful

    You do realize that the story is how a GOOD GUY was arrested mistakenly, and had his family threatened with torture and possibly death? And then, to cover up their mistake, they made the whole thing classified. So the FBI used the law to cover up the fact that they acted like jackasses. Or like terrorists.

    Having been in New York on 9/11, I could personally give a shit what happens to Al Quaeda collaborators. Nothing is bad enough for them. Being an American, however, I know that threating the life of an innocent guy (or even a guy we think is guilty) is a major fuck-up on our part. Say it with me- Torture does not elicit useful evidence. Torture makes enemies out of friends. Torture accomplishes the aims of the terrorists.

    You're trollin', it's true, but it can't be said often enough. The FBI fucked up, put American lives in danger. The only way to fix FBI fuckups is to know about them. The more the FBI hides from us, the worse it works, and the better off the bad guys are.

    1. Re:They made a good guy hurt by bzelbob · · Score: 1

      Good comment. I would cut right to the chase and say that engaging in torture *makes* one a terrorist.
      Because you are deliberately using pain and the *fear* of pain to get someone to do something.

      PAIN = FEAR
      TORTURE = TERROR

      When we become the evil we seek to stop, we destroy ourselves.

  45. Re:They Should Have by jjohnson · · Score: 4, Informative

    You fucking moron.

    Higazy wasn't a bad guy--he was completely innocent. He had nothing to do with 9/11 or terrorism. The coerced confession wasn't just legally problematic, it actually sent a completely innocent man to jail. If he hadn't been lucky enough for the pilot who owned the radio to show up and say "hey, that's mine", he'd be in jail today.

    The baby Jesus weeps for humanity when slobberers like you open your mouth.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  46. Re:They Should Have by Anonymous Coward · · Score: 0

    I see. In your sole, omniscient capability as judge, jury, and executioner, you have found the infinite wisdom to judge that this was a quote bad guy unquote. Never mind that an American court, working with a coerced confession from the accused, found him innocent. Never mind that the judge wrote a damning opinion that was redacted ex-post facto. Of course, on the other side we have your word, I presume as a honourably sworn-in member of the John Birch society. I am convinced. Off with his head, I say.

  47. Re:Even-handed coverage... by bytesex · · Score: 1

    That wasn't his point, was it ? His point wasn't that US soldiers didn't expect to be tortured - they MIGHT be. There were other captured US soldiers who'd been freed before Abu Ghraib that weren't. Only after Abu Ghraib did it become a certainty; it's tit for tat. But also before Abu Ghraib the US did a few no-no's; they paraded their Iraqi POWs on TV, for example.

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
  48. Re:Even-handed coverage... by Maxo-Texas · · Score: 1

    That's because that is the values you were trained with.

    Read 1984. You can destroy people so completely that they would rather die than going on living without actually hurting them physically.

    The only way to avoid being injured in this way is to have no values. If you tell your friends "I'll be faithful to you unless I get any heat" then you won't feel bad when you betray them- heck they won't fault you for it.

    Famous anecdote I heard was for a while they said they would bury terrorists with dead pigs. This caused them to stop for a while because by their training they would not go to heaven if this happened. Apparently the training has changed or the practice has stopped. But the point is they feared this weird emotional thing more than blowing themselves up.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  49. If he knows or condones it, he's responsible by Eternal+Vigilance · · Score: 0, Redundant

    Everyone in the Executive Branch effectively serves "at the pleasure of the President." So if they continue to serve, then their actions, including torture, must please the President.

    And don't overlook that the Bush family has a lineage almost as long as the FBI, with Bush the Elder running the CIA (drugs, assassinations, coups, wars), and Prescott Bush and George Herbert Walker collaborating with the Nazis.

    Or that as Governor Dubya personally oversaw the execution of over 150 human beings, any of whose lives he could have spared, going so far as to sneeringly mock Karla Faye Tucker's request to spare her life: "'Please,' Bush whimpered, his lips pursed in mock desperation, 'please, don't kill me.'"

    (Paging Congressman Stark...Congressman Stark, white courtesy phone.)

    Suggesting the FBI taught Dubya about corruption is like suggesting the Generals taught the Globetrotters about basketball.

    It's really very simple: Dubya claims the authority of the Presidency, he gets the responsibility along with it. They're not separable - or even separate.

  50. A fish rots from the head by EmbeddedJanitor · · Score: 1
    Since Bush had already fingered various folks and effectively stated "you agree with me or you're our enemy" and the spotlight was shining on the FBI and CIA as to how they were incompetent to let terrorists through, the FBI were under immense pressure to deliver something... anything and it is hardly suprising that they were coercive in their information gathering exercise.

    Does Bush really know how to manuipulate people? Surely his staff are really the brains and he's just the puppet.

    --
    Engineering is the art of compromise.
    1. Re:A fish rots from the head by OwnedByTwoCats · · Score: 1

      Of course, it wasn't the FBI or the CIA who said "You've covered your Ass now" and proceeded to ignore the warning that was just received. It wasn't the FBI or the CIA who were contemptuous of warnings from the chief counter-terrorism advisor.

  51. Re:Even-handed coverage... by Luxemburg · · Score: 5, Insightful

    Of course there are always enemies that do not respect the rules of war, that is why the Nurenberg trials were held.

    The Nuremberg (and Tokyo) trials were examples of victor's justice: allied war crimes and crimes against humanity (the Dresden bombing, the nuclear bombs on Japanese civilian targets, the firebombing of Japanese cities, and so on...) were out of scope. It's quite ok to commit war crimes, as long as you win the war.
  52. Re:Even-handed coverage... by Phanatic1a · · Score: 2, Insightful
    That is entirely the point. If you talk to any member of the JAG corps about torture they will tell you that the reason the US did not permit its troops to torture others is that it is the only way that the US could protect its own troops.

    Um...what?

    Name the last enemy we've fought against that *didn't* torture prisoners.

    No, no, no, before anyone starts blathering about what I'm not saying, I am *not* saying "They tortured ours so we can torture theirs." I'm saying that that idea you expressed right there, that we refrain from torture because it's the "only way" we can protect our own troops, is utter nonsense.

    If our troops got captured in central America, they got tortured. If they got captured in the Gulf War, they got tortured. If they got captured in Vietnam, oh boy did they get tortured. If they got shot down over the Soviet Union, they got tortured. If they got captured in Korea, they got tortured. If they got captured in the Pacific, they got tortured. They occasionally got tortured even by the Germans, and even more typical treatment of American POWs would be considered "torture" today:

    Marion Oltman spent the last eight months of World War II in a Nazi prisoner-of-war camp, and tears still fill his eyes when he recalls those desperate days.

    After working all day to fill craters left from Allied bombing, each prisoner got a boiled potato and a slice of bread with sawdust used as filler. Oltman was given the task of slicing the bread to feed 12 men.


    So, seriously, who are these people out there who think highly enough of our signature on the G.C. to not torture our soldiers? Only the people that we *wouldn't be fighting in the first place*.

    And as a result US servicemen who are captured by Jihadis can expect to be treated as brutally as the Abu Graihb photographs.

    Riiiight. Because US servicement captured by Jihadis would have been treated in full accord with the Geneva convention, were it not for Abu Ghraib. That's why US airmen shot down over Iraq in the first Gulf War were treated humanely, and didn't have the shit beat out of them by Hussein's thugs. That's why Daniel Pearl was treated to tea and cupcakes when he was taken prisoner: he didn't have anything to do with Abu Ghraib.

    Oh, wait...

  53. Re:They Should Have by Anonymous Coward · · Score: 0

    RTA stupid. He was completely cleared of all charges, with out question. It was a pilot that left the radio that he was incriminated with. The FBI did illegally coerce a confession out of him. Those are the facts.

    It's no wonder the US is so screwed up when a one page news article is too long for people to wait before spouting off their opinions.

  54. Re:Even-handed coverage... by glarbl_blarbl · · Score: 5, Insightful

    Dissent is not treason. People like you are the reason open democracies turn into dictatorships. I guess you'd better take advantage of the First Amendment while it still exists, as it looks like it will be going the way of the Fourth quite soon.

    --
    I use friend/foe to signal strong [dis]agreement instead of mod points. What else are f/f good for?
  55. The dance isn't over yet by poetmatt · · Score: 1

    go take a look at http://www.nysun.com/article/64860 and you'll see that this case is still up in the air. Looks like gov't is still trying to hide a slipup again.

  56. Re:Even-handed coverage... by CodeBuster · · Score: 1

    But on some level you almost have to question what you hear because you are being told what they think you need to know to get the job done. And that is not necessarily the truth.

    When the proverbial shit hits the fan that doesn't matter. In a combat situation soldiers follow orders or people die, its that simple. It may be inevitable that people will die in such a situation, but when your life depends upon your fellow soldier pulling that trigger when ordered then you will be glad that he, like you, follows orders. It is not the place of soldiers to disobey orders and especially not when your unit is taking fire. Soldiers do not debate, they do not question, they obey because your life and the lives of your fellow soldiers depend upon it. If you cannot handle the possibility that you may be ordered to kill then you should not volunteer for military service.

  57. Define "traitor" by A+nonymous+Coward · · Score: 1

    Oh, you mean non-Bushie? Or do you mean anyone who values the constitution, as in the BIll of Rights, or three branches of government? Or do you mean ... what, exactly?

  58. Re:Even-handed coverage... by DeepHurtn! · · Score: 4, Informative

    Soldiers have the responsibility to disobey illegal orders. "Just following orders" is no defense, according to Nuremberg. Those who believe that it is deserve the legal consequences and public scorn their actions merit.

  59. Re:Even-handed coverage... by DeepHurtn! · · Score: 3, Insightful

    If you think that's the worst that has happened by American hands, you're sadly ill informed. People have *died* at Abu Graihb as a result of US torture techniques. There is no serious doubt that physical torture was (and is) regularly practiced.

  60. Missing the point by Anonymous Coward · · Score: 0

    I agree with what you're saying, but you're missing the forest for the trees. The parent poster correctly points out that in a long-term battle for the hearts and minds, having the moral high ground is the only way you can win. You can't kill your way to a peaceful resolution, and you can't claim to want to stop the killing and torture if you are killing and torturing.

    The entire episode demonstrates that Bush is an idiot, but surprisingly, it demonstrates that Chaney is a bigger idiot because he's smart enough to know the consequences of his actions. Bush is like a child.

  61. Re:Even-handed coverage... by LightWing · · Score: 2, Insightful

    If that's partly aimed at me, are you asking why I feel it's relevant to compare Bush to the FBI? Even if little encouragement was needed, do you believe that he's, oh, I don't know, defended the right of the public to know what really goes on? There's a Dune quote that I feel is appropriate for this situation.

    "We witness a passing phase of eternity. Important things happen but some people never notice. Accidents intervene. You are not present at episodes. You depend on reports. And people shutter their minds. What good are reports? History in a news account? Preselected at an editorial conference, digested and excreted by prejudice? Accounts you need seldom come from those who make history. Diaries, memoirs and autobiographies are subjective forms of special pleading. Archives are crammed with such suspect stuff."

    Certainly, it's difficult for 'something corrective' to be done about this. That isn't what I'm suggesting. I was stating my discontent with such phenomena in general. Of course there isn't a whole lot I can do about it, but that doesn't mean I have to pretend to like it. It saddens me to see even part of the nasty things that have come about from the selfishness of those in power. As for me, I'm just another blabbering face in the crowd shouting my opinions as if they really mattered (gotta love ego).

    There were some very good points made regarding the way the FBI already was before Bush became involved and encouraged/empowered them to become even more invasive. I'd quote more Dune/Herbert stuff at you guys but frankly, there's too much that could be applied here (so I won't burden your poor eyes, my comrades).

  62. What fucking retard modded this insightful? by SIIHP · · Score: 2, Insightful

    "There are *no* reasons for classified material at all."

    Really? REALLY?

    So all those troops on location in hot zones that will get massacred just don't matter anymore?

    God, could you be any more wrong...

    --
    I only go to buffets for the unlimited soft serve.
    1. Re:What fucking retard modded this insightful? by rtechie · · Score: 0

      So all those troops on location in hot zones that will get massacred just don't matter anymore? Your example is stupid because knowing th names of troops on the ground really wouldn't help "the terrorists" at all. Knowing that the commander of the infantry squad shooting at you is named "Sgt. Jim Smith" doesn't stop the bullets.

      Of course, virtually everyone agrees there should be a very small amount of secret information hidden from the Congress and the public. And example would be nuclear launch codes, or the identities of moles within foreign intelligence agencies. The complaint is that Congress and other regulatory agencies aren't informed of the overwhelming majority of secret or classified programs, which makes it impossible to perform oversight. And this leads to corruption and abuses. The federal and state governments, especially in recent years, have classified more and more material, most of which is innocuous.

      It also hurts national security to make so much material secret. The more secrets you have, the harder it is to keep them. And more importantly, it becomes difficult to distinguish between what is really important to keep secret and what isn't. So when information inevitably leaks, the damage can be far worse.
    2. Re:What fucking retard modded this insightful? by Scudsucker · · Score: 1

      So all those troops on location in hot zones that will get massacred just don't matter anymore?

      If we minded our own business we wouldn't have troops in hot zones to attack.

    3. Re:What fucking retard modded this insightful? by SIIHP · · Score: 1

      "If we minded our own business we wouldn't have troops in hot zones to attack."

      UN peacekeeping.

      Feel free to realize you're wrong now.

      --
      I only go to buffets for the unlimited soft serve.
    4. Re:What fucking retard modded this insightful? by Dread_ed · · Score: 1

      God, I hope someone else replies to your post. The two who have so far got schooled so hard I doubt they will ever post near you again.

      Bravo.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    5. Re:What fucking retard modded this insightful? by Anonymous Coward · · Score: 0

      Not very bright are we?

      Ever wonder why peacekeeping vehicles are painted that pretty sky-blue and not camo?

      Because the whole point is to be seen. When you're a peacekeeper, you want people to know where you are. You want to make it obvious. That's the point.

      Sometimes, I wish I was new around here...

    6. Re:What fucking retard modded this insightful? by Scudsucker · · Score: 1

      Mancrush much? Why don't you just go ahead and suck his dick while you are at it?

    7. Re:What fucking retard modded this insightful? by Scudsucker · · Score: 1

      UN peacekeeping.

      Peace is in our interests, ya dumb bitch. Given what happened in the last century, do you honestly think an unstable Europe is a good thing for us?

      Unless you're transporting valuable cargo like, I dunno, medicine or food or something.

      Nope.

      Look up "Bosnia"

      See above. And if you someday manage to pull your head out, try looking up WWI and see where that baby got started.

      and stop posting AC after I show you you're wrong. We all know it's you.

      Yawn. You're wrong. Again. Have you been right on anything in your life? I bet not.

  63. no more commies by Anonymous Coward · · Score: 0

    Without the commies to give our government an excuse to step all over our rights and disregard treaties and international law, a new threat had to be devised. Luckily for those in power the islamic extremists that hate our society so very much were able to mobilize and become a semi-credible threat.

    Once we're done with the terrorists, we'll just have some other terrible threat to our safety to justify the stepping outside the bounds of the constitution. Maybe global warming will have taken off by then, we can force relocate people as the oceans rise and the FBI can torture those who resist the relocation. Who knows.

  64. Re:Even-handed coverage... by mike260 · · Score: 1

    Giuliani even gave Gerry Adams a 'humanitarian award' on behalf of NYC and expressed the hope that he would force Clinton to speak to Adams even without the renunciation of violence that Clinton demanded. A few months later Adams and Co blew up a shopping mall.

    Not to condone terrorism or anything, but you'd be hard-pressed to find a Manc who doesn't concede that the IRA did the city a favour by blowing up the famously ugly building in question.

  65. Re:Even-handed coverage... by danaris · · Score: 3, Insightful

    So no, I don't think the photos were any kind of deciding factor for anyone.

    Not for anyone actually involved, no—but they certainly lost us a lot of sympathy (not to mention respect) from the rest of the world where our own people are concerned.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  66. Lunch? by Tablizer · · Score: 1

    and then posted the blog as I ate lunch. Then something strange happened: a few minutes after I posted the blog, the opinion vanished

    As an experienced trouble-shooter, my first question is: What the hell did you have for lunch?

  67. Underlying story by torkus · · Score: 0, Troll

    Now, the story under all this...is the guy actually a terrorist?

    Everyone's talking like he's GOT to be innocent just because they redacted a summary that might have made our gov't look like "monsters". Well we are anyway but I don't necessarialy agree with assuming someone might be innocent when 5 out of the 20 people he tried to kill are still alive and holding him down for the police to arrive.

    --
    You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    1. Re:Underlying story by russotto · · Score: 1

      RTFO. Nobody disputes that he's innocent. The only evidence against him was an ground to air radio supposedly found in his hotel room safe. As it turns out, it actually belonged to a pilot on the floor below; it's not clear how (or even IF -- perhaps it was merely mismarked) it got into his safe. When they started threatening his family, he started making up stories he thought they wanted to hear.

    2. Re:Underlying story by Anonymous Coward · · Score: 0

      Ummmmm.... read much? The only reason he was suspected in the first place (other than the fact he was middle eastern) was the fact that some pilot had left an airplane radio in his hotel room (which he came back for later). Paranoid jerk.

    3. Re:Underlying story by The+Creator · · Score: 1

      "is the guy actually a terrorist?"

      Is that really relevant?

      --

      FRA: STFU GTFO
    4. Re:Underlying story by Anonymous Coward · · Score: 0

      "Now, the story under all this...is the guy actually a terrorist?

      Everyone's talking like he's GOT to be innocent just because they redacted a summary that might have made our gov't look like "monsters". Well we are anyway but I don't necessarialy agree with assuming someone might be innocent when 5 out of the 20 people he tried to kill are still alive and holding him down for the police to arrive."

      The only reasons for holding him were: He was foreign. He was near the crash site. He had a radio that could talk to aeroplanes.

      They later found out that the radio BELONGED TO AN AIRLINE PILOT THAT HAD LEFT IT BEHIND.

      So, the reasons for holding him turned into: He was foreign. He was near the crash site.

      So yeah, he was innocent. Not a terrorist.

  68. Not classified, redacted. by arbitraryaardvark · · Score: 4, Informative

    There's no issue here about the info being classified.
    What the story is about is that the court issued an opinion, then withdrew it, and issues a redacted opinion. Probably what happened is that the the court had inadvertently included info that was under seal by the district court.
    One possible explanation for the redaction is to protect the guy's family in Egypt.
    Another, maybe more likely, explanation was to avoid embarrassment to the FBI.
    The story was broken by blogger Howard Bashman of How Appealing, who refused to take down the unredacted version after a call from the court asking him to take it down.
    http://patterico.com/2007/10/21/was-a-passage-omitted-from-a-recent-second-circuit-opinion-for-security-reasons-or-to-cover-up-material-embarrassing-to-the-fbi/
    http://howappealing.law.com/102007.html#029139

    Above post is insightful and informative.

    1. Re:Not classified, redacted. by initialE · · Score: 1

      Is Howard Bashman in any trouble for not taking down the material as requested?

      --
      Starbucks, Harbuckle of Breath.
    2. Re:Not classified, redacted. by arbitraryaardvark · · Score: 1

      Is Howard Bashman in any trouble for not taking down the material as requested?
      No, or perhaps, "not yet." The Patterico article linked above and quoted below discusses this in detail, including links to Howard's explanation of what he did why he did it. He's -extremely- well respected in the legal field, he's on almost everybody's list of top 5 law bloggers.
      He's a successful law based in PA, does appellate practice exclusively, so this is a court he practices in, so he's putting a lot on the line, but I think overall this will help rather than hurt him. Too soon to say.

      This is actually a fascinating story, not just because of the original government actions, but also because of Howard Bashman's actions in posting the opinion -- even in the face of efforts to spike it, from a representative of a court that Howard must practice in, from time to time, as an appellate lawyer. Obviously, given the nature of what the Second Circuit tried to squelch, I think Howard did the right thing here. But I can envision circumstances where it would be a much tougher ethical call. And I think that this call, as clear as it is on an ethical level, took quite a bit of courage on Howard's part.

  69. Torture doesn't work. by NeutronCowboy · · Score: 5, Insightful

    And this is the shiny new example of why torture doesn't work. It certainly doesn't work in the Jack Bauer style, where you just need to apply a little more pressure to get the evil guy to give up the detonation codes. And it scares me to death that some people (Slick Willy, I'm looking at you) think that this is the right approach.

    Here's what 24 doesn't tell you: You don't know who you have. If you did, you wouldn't need to interrogate them, because you'd already pretty much know everything about them. Or at the very least, you'd know the broad strokes and just want to fill in the details. However, as demonstrated during the interrogation of Khalid Sheik Mohammed, even when you know who you have and want to get some more details about past operations, torture is misguided. According to congressional hearings on the matter, it is thought that most of his confessions were nothing but attempts to get through the interrogation and protect his family. This is the second thing that 24 doesn't tell you: torture elicits probably results in more disinformation than regular interrogation techniques. Why? Because the interrogators are being told what they want to hear. Combined with the drive to show success, confirmation bias and a whole host of other human failings, this can send investigators on a far more dangerous goose chase than a detainee just telling random stories.

    What really pisses me off is that the US military knew all this and this codified in their interrogation handbook: torture doesn't work, so there's no point in attempting it. But some criminally inept politicians - all without a day of military or covert experience - decided that they knew better and created new rules from scratch. The end result? Nothing but our loss of the moral high ground. Oh, and a whole bunch of information that is most likely wrong.

    Congrats, US leaders: you managed to completely hose one of our main advantages in the "war" on terror. Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Why? Because the majority of the voters buy into the 24 approach to terror. Which means we get the leaders we deserve.

    --
    Those who can, do. Those who can't, sue.
    1. Re:Torture doesn't work. by HiThere · · Score: 2, Interesting

      Congrats, US leaders: you managed to completely hose one of our main advantages in the "war" on terror. Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Why? Because the majority of the voters buy into the 24 approach to terror. Which means we get the leaders we deserve.

      No, they'll be just as bad because of the systematic structure of the US electorial system. It's a system where if you don't vote for the most popular candidate, you vote is worthless, so you need to guess which of the two bastard promulgated as the top two is least offensive...or you might just as well not vote.

      I'm getting closer and closer to not bothering, since I can't really tell which is worse. I probably will, though, when push comes to shove, take some dramamine & some anti-acid and vote for one or the other of them. But the thought of being told how I've "given them a mandate" may make me vote for a third party. At least that way I'll be able to claim "it's not my fault, I voted for Kodos".

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Torture doesn't work. by ScrewMaster · · Score: 1

      At least that way I'll be able to claim "it's not my fault, I voted for Kodos".

      I was going to vote for Gowron last time around, but unfortunately Worf killed him first.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Torture doesn't work. by Hyperspite · · Score: 1

      That is very interesting. Why would the media assume that a large vote for a single person is a "mandate". It just means they are less offensive at the worst and only at best do they have a mandate.

    4. Re:Torture doesn't work. by m2943 · · Score: 1

      No, they'll be just as bad because of the systematic structure of the US electorial system

      And you seriously think this is better anywhere else? Many European nations have institutionalized special interests far more than the US. Britain has become an Orwellian state and gone from empire to irrelevant. And if you think that forms of voting that are less winner-take-all are good, look up the Weimarer republic and what happened to it.

      Democracy is hard and has lots of problems, but it's still the best form of government among those we know.

    5. Re:Torture doesn't work. by BobMcD · · Score: 1

      Sadly, the next crop (Hillary or Guliani, most likely) will be just as bad. Not the WHOLE crop... Long shot or no, we do have a choice:

      http://www.ronpaul2008.com/issues/war-and-foreign-policy/

      It would be hard to capture and torture people when we stop being 'Team America World Police'...
    6. Re: Torture doesn't work. by gidds · · Score: 1

      if you don't vote for the most popular candidate, you[r] vote is worthless

      Why??? I see this view -- though only rarely stated so explicitly -- rather a lot, and I can't explain how it appals me.

      If they're the most popular candidate, they're going to win anyway, so why do they need your vote? If you could 'waste' a vote, surely that'd be by voting for them!

      But a vote can't be worthless, whether it's for the winner or not. Winning isn't everything; a 51% majority wins just as surely as a 100% one, but will surely lead to a rather different climate afterwards. And anyway, could you be so certain which candidate was most popular, especially if every other voter was hiding their true feelings too?

      Of course, things would be rather different in some other voting system. First-past-the-post, as used in my country as well as the US, does risk these issues. But even in STV or instant run-off, your argument would lead to the most popular candidate being put at the top of every vote and winning by 100%. Is that what you want? If not, then put your vote where your mouth is!

      --

      Ceterum censeo subscriptionem esse delendam.

    7. Re:Torture doesn't work. by Agripa · · Score: 1

      Democracy is hard and has lots of problems, but it's still the best form of government among those we know.

      HiThere (15173) is identifying the specific implementation of democracy that the US uses and not democracy itself. Elections flawed using plurality do not produce democratic results. One of their effects is to increase the power of special interests.

      And you seriously think this is better anywhere else? Many European nations have institutionalized special interests far more than the US. Britain has become an Orwellian state and gone from empire to irrelevant.

      I agree about the European nations (after all, they have been in existence longer) however their situation does not justify using a flawed electoral method in the US. If anything, I would hope that they would recognize the problem since much of the research on the subject originated there.

    8. Re: Torture doesn't work. by Agripa · · Score: 1
      I completely agree with him. The votes are without worth.

      Compare the situation in the US to that of one of the many dictatorships around the world were elections are held but only one party can be elected. The elections in these dictatorships only serve as a propaganda tool. I am not arguing that this happened in the US deliberately but that it happened by default because of the use of plurality itself. The difference is there are two choices instead of one.

      If you were a special interest and you wanted to have influence after the election what would you do? In a dictatorship you pay the party who will be elected. In the US, you pay both of them.

      And anyway, could you be so certain which candidate was most popular, especially if every other voter was hiding their true feelings too?

      Most voters DO hide their true feelings because the electoral system can not accurately represent them. At best they vote for the lessor of two evils. Without what I like to think of as a conspiracy of doves, the situation is stable and any minority (or even majority if they are divided minorities) who disagrees becomes powerless.
    9. Re:Torture doesn't work. by dwpro · · Score: 1

      I think that torture probably works because it would work on me. There exists an amount of information that I would not give up freely, but given the options to tell or undergo some form of abuse I would likely tell. I would likely give up the information for money too, but you could save a passel and just threaten to cut off my finger. Why wouldn't torture work? It certainly works for schoolyard bullys.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    10. Re:Torture doesn't work. by NeutronCowboy · · Score: 1

      That's not the issue. The issue is that regardless of the question, torture will at some point provide the answer the torturer wants. Whether that answer is the truth becomes irrelevant, and the only thing that matters is whether the pain will stop. Not only will I tell my torturer my bank account number, my sock puppet fetish and that I kicked a puppy once in 2nd grade, I will also tell them that I am the King of Siam, am preparing the world for a Martian invasion and am the mastermind behind 9/11, Bush's election, the murder of Politkovskaya, the genocide in Darfur and Chernobyl.

      Hey, it must be true, because I said it was true, right?

      --
      Those who can, do. Those who can't, sue.
    11. Re:Torture doesn't work. by dwpro · · Score: 1

      Well, that being the case, it seems obvious that torture would be useful in cases where the information can be readily validated but not easily gained (phone numbers, safe combinations, software passwords, enemy hideout locations, etc.) I was really hoping for someone to change my mind on this, as I'm hardly a proponent of inflicting pain needlessly.

      On the other hand, I'm not going to put myself at a demonstrable disadvantage as a policy, especially in light of the other atrocities going on during a war. It seems almost laughable to have such stringent policies for prisoners when these are the same people you would have beaten to death with a severed comrade's leg on the battlefield.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    12. Re:Torture doesn't work. by NeutronCowboy · · Score: 1

      You're still not getting it. I'll make this my last post on it, as others have argued the same exact thing: the problem with torture is that you rarely know who you have in custody. When you do know who you have in custody, you generally already have all that information. There is this misconception that you know who has the information - when that is the primary information hole. Especially with the ways that cells are set up these days, you have no idea who has the information you need. There is no such thing as targeted torture.

      Unless you want to argue that blanked torture is ok, just in case you stumble upon that one case where it works - in which case, get the fuck out of my country. I won't let you turn it into Egypt.

      --
      Those who can, do. Those who can't, sue.
  70. Re:Even-handed coverage... by FatAlb3rt · · Score: 1

    Pretty sure Nuremberg isn't the example he was thinking of when talking about taking orders when shit is hitting the fan. Guiding someone into a gas chamber and firing back when fired upon are at two different levels.

  71. That's exactly backward by SIIHP · · Score: 1

    "You probably don't realize that not only does torture not work, it actually gives you incredibly bad information."

    You're only half right, it works very well, so much so, that the individual being tortured will say anything. Which leads to the bad information.

    "In short: Torture does not work."

    In short, you're wrong. Torture, like any other tool, is effective if used in the correct situations.

    None of which makes it worth lowering oneself to, by the way.

    --
    I only go to buffets for the unlimited soft serve.
    1. Re:That's exactly backward by WillAffleckUW · · Score: 1

      If by working well, you mean it makes the torturer believe that they are getting the truth, sure.

      But they're not.

      They get what the person being tortured thinks they want to hear.

      It is also virtually certain to not give you time-sensitive information.

      A far more effective method is interrogation - questioning - by a person or people that the information holder bonds with.

      How you bond with them is up to you. Normally you do it with a modified Good Cop Bad Cop approach. But the Bad Cop doesn't have to torture them. That doesn't help, as it makes the person being questioned more resistant and suspicious.

      Never underestimate the power of kind words.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:That's exactly backward by SIIHP · · Score: 1

      "If by working well, you mean it makes the torturer believe that they are getting information, sure."

      THAT is what I think. It is true.

      "But they're not."

      WRONG. Sometimes they are, it is simply impossible to know when.

      "They get what the person being tortured thinks they want to hear."

      And sometimes they get exactly what they want, but it is untrustworthy.

      "Never underestimate the power of kind words."

      I would tell you "never pretend that one tool is adequate for every job".

      I think you and I are nearly on the same page, just that you think torture never gives good information, while I know that is wrong, but that torture always gives UNRELIABLE information, as one never knows whether it is true, somewhat true, or totally inaccurate.

      --
      I only go to buffets for the unlimited soft serve.
    3. Re:That's exactly backward by WillAffleckUW · · Score: 1

      Good interrogation (not torture) involves tracking inconsistencies and cross-referencing responses.

      Much like detective work.

      In various scientific studies (one came out last week) it has been shown that people who use torture - let's call them torturers - self-justify their actions and alter their own perceptions to reinforce their own actions, so that they come to believe that what they do is necessary and effective, when it can be proven not to be so (e.g. ineffective and unnecessary).

      This is normal human behavior.

      However, it makes torture a very ineffective method, as information gathered from such sources is more highly prized (yet less worthy and less informative in a true empirical valuation) when it should be devalued on an absolute scale.

      In short, torture basically doesn't work.

      But, if one uses torture, one will self-alter one's own valuation and scoring systems to believe that it does work (even tho it doesn't).

      --
      -- Tigger warning: This post may contain tiggers! --
    4. Re:That's exactly backward by Anonymous Coward · · Score: 0
      You're only half right, it works very well, so much so, that the individual being tortured will say anything.

      Hate to break this to you, but most people would not qualify as "tells you everything (s)he thinks you want to hear" as working well, or working at all. Rather, most people would add stipulation that said things actually would be correct information as far as detained knows it.

    5. Re:That's exactly backward by Qzukk · · Score: 1

      Torture, like any other tool, is effective if used in the correct situations.

      The only time you can use the game of "Uncle" to determine a person's genealogy is when you are twisting the arm of your nephew or niece.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    6. Re:That's exactly backward by Anonymous Coward · · Score: 0

      as one never knows whether it is true, somewhat true, or totally inaccurate.

      A broken clock is right twice a day, but very few people would claim that it's working.

      More to the point, I would tell you "never pretend that one tool is adequate for every job". implies that sometimes torture is adequate for the job, yet by your own admission you never know if the information retrieved with it is true or false, thus how would someone know whether it was adequate or not?

  72. New York Sun has good coverage. by Animats · · Score: 1

    Good coverage in the New York Sun, the leading New York tabloid.

  73. Your rights online, offline, and inline by abb3w · · Score: 1

    It's about the FBI pulling Ministry of Truth revisionism on online court records. YRO actually is an appropriate category. Your right to know.

    True. And more worrisome, the 2nd Circuit trying MinTruth tricks at the FBI's request, and evidently without due consideration of the legal issues for the redaction. The minor picadillo of a coerced confession by the FBI isn't very happy news, but it's not the original offense but the attempted coverup that really makes 'em all look bad.

    --
    //Information does not want to be free; it wants to breed.
  74. Re:Even-handed coverage... by CAPSLOCK2000 · · Score: 1

    I'm saying that that idea you expressed right there, that we refrain from torture because it's the "only way" we can protect our own troops, is utter nonsense.


    The reverse is ofcourse more accurate, but just doesn't sound as good:
    If you don't refrain from torture, there is "no way" to protect the troops.

  75. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    They teach you to expect to be tortured because they teach you to expect the worst, to be prepared for the worst. It is good teaching -- it should make you do whatever you can to avoid capture as well be fully ready for, guess what, the worst should you be captured.

    What they teach you has no bearing on whether the photos were any kind of deciding factor. How enemies treat their capture can still be affected by how we treat our capture, regardless of what we teach our soldiers about being captured.

  76. This concerns me by koan · · Score: 1

    It's just that easy to redact something when it's an electronic document so what is the news going to be like when it's all online?

    Will it be like "Saddam seeking yellow cake" then the next day it's gone? No hard copy, no evidence...at least now when something is printed and distributed it's more or less permanent where the electronic copy is all to easy to edit.

    How can we verify a source? How can we hold someone to what they printed when it can be instantly redacted, is there going to be a way we can tag/sign/verify a story so we know it's real and will stay around?

    --
    "If any question why we died, Tell them because our fathers lied."
  77. Re:Even-handed coverage... by the+grace+of+R'hllor · · Score: 1

    Executing illegal orders deserves legal consequences, I agree. But these soldiers were under someone's command. Someone who gave them the order. The fact that this illegal order was carried out, meaning the soldiers in question should be charged, in no goddamned way exculpates those higher up in the command structure.

    Try thinking of "just following orders" not as a way of escaping your own responsibility, but as a way of point out the greater breach of the responsibility placed in superior officers.

  78. Um, you're not very bright are you? by SIIHP · · Score: 1

    "Your example is stupid because knowing th names of troops on the ground really wouldn't help "the terrorists" at all."

    L-O-C-A-T-I-O-N-S>.

    No one said anything about names but you, so make sure you're not running off at the mouth the next time you call someone's post "stupid" or you'll look silly.

    Like you did in that post.

    --
    I only go to buffets for the unlimited soft serve.
    1. Re:Um, you're not very bright are you? by rtechie · · Score: 1

      What you said was:

      "So all those troops on location in hot zones that will get massacred just don't matter anymore?"

      This is bad grammar. I parsed this as:

      So all those troops in hot zones just don't matter anymore?

      This implies something about the IDENTITY of those troops. If you meant location you should have said:

      So the location of troops in hot zones that will get massacred just doesn't matter anymore?

      Which is also bad grammar, but better conveys your point. Considering you wildly misinterpreted the OP, it seems odd to criticize me for misinterpreting your post.

      You're also wrong. Should troop location details be kept secret FOREVER? Why does it matter if troop deployment details are released months or years later? Yet just about everything regarding troop deployment during the Iraq war is closely held (at least since the initial invasion).

  79. In Soviet America... by Anonymous Coward · · Score: 0

    In Soviet America, the FBI redacts YOU!

  80. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    Yeah yeah, we heard that before, that one general saying that none of that was any worse than what goes on at a highschool pep rally.

    All I can say to that is... where the hell did he go to school, and are there any job offers available there?

  81. Re:Even-handed coverage... by Phanatic1a · · Score: 1

    Get this:

    There is "no way" to protect the troops.

    If they get captured, their captors are going to deal with them in the way that they want to, and this notion that foreigners don't have ideals, goals, and motivations of their own, and instead only react to what Americans do, is a particularly insidious form of racism. The notion that because we sign or uphold some treaty or another, some other guys in some other country will or will not comply with that treaty just because of that fact, isn't only silly, it's harmful.

  82. Re:Even-handed coverage... by OwnedByTwoCats · · Score: 1

    Bravo.

  83. By the way, how much do you want to bet... by SIIHP · · Score: 0, Troll

    You'll ignore my reply because you said something incredibly dumb and aren't man enough to own up?

    I'll gladly ship you a 5 spot just to watch you eat your fucking words.

    --
    I only go to buffets for the unlimited soft serve.
  84. Re:Even-handed coverage... by Skillet5151 · · Score: 1

    Did you have to directly quote A Few Good Men? That trivializes the whole thing a bit.

    The debate over the role of soldiers and their ability to question orders has been around for a long time. I believe the US military states somewhere that soldiers are obligated to refuse to carry out clearly immoral orders and explain the situation at their resulting court martial. Obviously the stresses of combat could interfere in practice, but that's the principle.

  85. Re:Even-handed coverage... by bkr1_2k · · Score: 1

    Someone please mod parent up.

    --
    "Growing old is inevitable; growing up is optional."
  86. Did you mean "reining"? by pjt33 · · Score: 1

    Where did all those concerned with reigning in federal government go?
    Let me guess. Did they go into reigning in federal government?
  87. Re:They Should Have by Anonymous Coward · · Score: 0

    Now the next big question is: given the outcome of this case, how "transparent" or truthful will the judicial (court) system be in the future pertaining to similar national-security related cases in opening up the details of the case for public view. Is this incident a lesson for courts as far as the freedom-of-information act is concerned? Will this prompt the judicial system to seek loop-holes to corruption?

  88. No, and repeating yourself still makes you wrong by SIIHP · · Score: 1

    "In short, torture basically doesn't work."

    And I have explained why you are wrong. And you need to look into what "in short" means, because you're a bit off on that.

    You have yet to do anything that proves this other than say so.

    If all you're going to do is reap eat yourself and fail to address my post, I see no reason to waste any more time with you.

    --
    I only go to buffets for the unlimited soft serve.
  89. Re:Not classified, redacted. (MOD PARENT UP) by AnonymousJackass · · Score: 1

    This poster is correct and should be modded up. Redaction != classified. It means that the court accidentally published information that was priviledged/private/under seal. It happens pretty frequently. Every law case has a gazillion pieces of priviledged info, some of which sometimes accidentally slips out in productions, etc (and in most cases accidentally released info can not legally be used by the opposition party, though that's not necesarily directly applicable to this situation). The court is supposed to take back all of the unredacted copies and put out the correct version, which indeed they did or tried to do (though in this case, the pee is already in the pool, to quote an earlier poster). No smoking gun here, I'm afraid. [IANAL]

  90. Yet more extremism by Unicorn+Setu · · Score: 1, Insightful

    Have been reading about the way that Germany slipped into fascism. In a milder, slower way the USA seems to be following the same path. The USA seems to be heading towards the belief that the government must make decisions for the populace because 'the people will make irrational decisions'. You can see where that leads. Stop it now, I suggest.

    --
    Unicorn Setu. "Eagles may soar, but weasels don't get sucked into jet engines".
  91. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    Only after Abu Ghraib did it become a certainty...
    The facts disagree with you.
  92. Re:Even-handed coverage... by Plutonite · · Score: 1

    I can't believe you just said that. Sexual humiliation is one of the most extreme and repulsive methods of torture anyone can go through, particularly if you are raised in a culture that is conservative in any way. How about I take your sister and strip her of her clothes, tie her hands to the ceiling and cover her head in a black bag while strangers laugh and take photos of her, occasionally touching here, groping there.. you can't be completely unaware of the relationship between dominance and sex(thereby the absolute assault on personal diginity in related torture methods). The Islamists who capture our men may kill them in a savage manner, but even they - the brainwashed criminals - would never stoop to the level of inhuman shit our "soldiers" displayed.

    Oh yeah, and when people are raped (which is probably the part you dont see in the pics) they are also going through something that others can pay money for in different circumstances. Pain comes in different flavors.

  93. Torture? by operagost · · Score: 1

    This guy was foolish enough to believe what law enforcement was telling him, and this is torture? I thought I was going to read about hot irons or at least waterboarding. I was sadly disappointed.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  94. still drinking the Kool-Aid, eh stork? by Scudsucker · · Score: 1

    Ok, i'm not quite well informed in US politics, but when was the last time (before Bush), that the president pardoned someone already convicted in a government conspiracy. (the Plame story).
    Oh, here we go. Bill Clinton pardoned Marc Rich

    And what conspiracy was Rich involved with, exactly? And while the pardon was questionable given the conflicts of interest, when wingnuts bring up Rich they conveniently forget to mention the fact that he had to pay a $100 million fine and not use the pardon as a defense if sued in civil court. And when using the horrible, horrible Marc Rich pardon as a defense for the Scooter Libby commutation, they also conveniently forget to mention that Rich's lawyer was one....Scooter Libby.

    and a few terrorists already convicted for plotting to blow up police.

    The FALN members weren't convicted of making bombs or injuring people, but of conspiracy and sedition charges and sentenced to 35 to 105 years, longer than the usual sentence for such crimes.

    In any case, none of Clinton's pardons could testify against him in a criminal trial. Like oh, say, one Scooter Libby could against either Cheney or Bush II. Nothing this bad has happened since....Bush I pardoned people in the Iran Contra scandal that could have testified against him.
  95. Well, Now We Know by Vengance+Daemon · · Score: 1

    Now we know who the real terrorists are. Welcome to neoAmerica.

  96. Human Rights Court by mdsolar · · Score: 2, Insightful

    Perhaps the issue is that what happened violates the American Declaration of the Rights and Duties Man: http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm

    "Every person has the right to the protection of the law against abusive attacks upon his honor, his reputation, and his private and family life."

    And the American Convention on Human Rights: http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm

    "Every person has the right to be compensated in accordance with the law in the event he has been sentenced by a final judgment through a miscarriage of justice."

    And thus might come under the jursidiction of the Inter-American Court of Human Rights.

  97. What the hell are you talking about? by argent · · Score: 1

    What the hell are you talking about?

    What "20 people he tried to kill"?

    The court agrees that he was held in error, because a radio that he didn't own was allegedly found in his room (though there's now two separate stories about how it's connected to him), after the person who actually did own the radio asked for it back.

    Whether the details of how he was coerced to confessing were included or not, the court and the FBI both agree that he was forced to confess under extreme duress. Where are you getting this "underlying story" stuff from?

  98. Its up to us to maintain the chain of evidence by argent · · Score: 1

    How can we hold someone to what they printed when it can be instantly redacted, is there going to be a way we can tag/sign/verify a story so we know it's real and will stay around?

    Yeh, make copies, document where they came from, keep them intact and give copies of the document and your version of the chain of evidence to people you trust.

    Do this for EVERYTHING you find online that you believe is valuable, whether it's news or a piece of software or a video or a comment in a newsgroup or other forum. Because there's no other way to keep digital data alive other than having many redundant copies and copying them forward.

  99. Polygraph by Kelson · · Score: 1

    The only other thing that leapt out at me from a brief skim was the comment that they didn't believe a polygraph would be useful because "if he was a member of Al Quaeda, he could pass it." I find that comment fascinating, too.

    I find myself wondering about the value of the polygraph in the first place. It measures stress reactions. The guy lived through 9/11, then was arrested, accused of being involved in the plot, and interrogated. Big surprise, he turned out to be under stress.

    1. Re:Polygraph by Shauni · · Score: 1

      That's why they always use a baseline with those things. But if pain is involved, the situation changes.

    2. Re:Polygraph by RockModeNick · · Score: 1

      Tightening the BP cuff to a painful level has the effect of causing the person to seem to read deceptive on any questions you tighten it for, and the current pressure in the cuff is conveniently not provided in polygraph data so a person has no way of proving this was done.

  100. Where is the problem here? by sampson7 · · Score: 1

    I've seen more "brutal" interrogation techniques (not to mention more effective) on Law and Order and I'm afraid I don't get the outrage. No physical violence was used. The suspect was provided an attorney. He received (relatively) speedy adjudication of his case. He did choose to lie, even if it was coerced.*

    Is the FBI's suggestion that they will use local Egyptian authorities to go after his family a shinning moment of FBI history? Certainly not. But is it torture? No. Was it justified under the circumstances? Close call. Was it effective? Ha. Absolutely not. The suspect "confessed" to something that was not even remotely true. If it wasn't for his personal suffering, it would be comical.

    Something I found interesting was that the government then prosecuted the hotel employee who initially implicated the suspect, and he actually served some home detention. Clearly, the government was not amused at being mislead in this manner.

    Regarding the *, I would like to clarify that I don't think I'm holding the young man to an overly high standard. He should not have lied. Would I make up some story if waterboarded or physically tortured? Almost certainly. Would I make up some story in response to a verbal beating? Doubtful. Remember, that at the stage of the proceeding, it was "assumed" for purposes of summary judgment that all the facts alleged by the suspect were true.

    1. Re:Where is the problem here? by meringuoid · · Score: 1
      He should not have lied. Would I make up some story if waterboarded or physically tortured? Almost certainly. Would I make up some story in response to a verbal beating? Doubtful.

      A verbal beating? They didn't just subject him to a beasting from the sergeant major you know. They issued a credible threat to disappear and torture not him, but his whole family.

      I'd swear in front of the highest court in the land that I was Osama bin Laden's regular croquet partner if faced with that. No doubt about it at all.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:Where is the problem here? by jjohnson · · Score: 1

      So let me understand this: You're saying that it's his own fault he was falsely imprisoned on the basis of a bogus confession because he believed, with good reason, that his family was threatened with torture? The absurdity of this result in the war on terror is his fault, not the totally counter-productive strategy of those who are supposed to, you know, lock up (real) terrorists?

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    3. Re:Where is the problem here? by Dread_ed · · Score: 1

      Your post made me realize something bitingly ironic. If the guy is telling the truth then the reason he lied to the FBI was because of torture, but not torture performed by the FBI. It was the threat of torture of his family performed by the Egyptian police. If the merest mention of the tactics of the Egyptian police can scare this dude into lying to the FBI I can scarcely imagine the horrible brutality of what they really do.

      This should make people realize the difference between what we call torture and what the rest of the world calls torture. Since it apparently does not, it makes me oddly hopeful for our much maligned military and government police.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    4. Re:Where is the problem here? by Fulcrum+of+Evil · · Score: 1

      You'd sell your family out like that? What kind of man are you?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    5. Re:Where is the problem here? by sampson7 · · Score: 1

      Did you miss the part where he discussed that if (a) he told the truth, his family would be tortured, and that if (b) he lied, his family would be tortured.

      Yes, it's a horrible situation. But he himself provided the analysis -- why did he then chose to lie?

      Please do not misunderstand me -- I do not condone what the FBI did. But compared to the things other portions of our government are alleged to have done (water boarding, frozen naked in cold cells, etc.) this particular case seems rather benign.

    6. Re:Where is the problem here? by ViVeLaMe · · Score: 1

      your lack of reading skills is showing.
      it's:
      a) he told the truth, he's fucked, his family is tortured, and b) he lied, he's fucked, his family is left alone.
      he choose to lie, i wonder why.

      --
      i had a sig, once..
    7. Re:Where is the problem here? by ViVeLaMe · · Score: 1

      ahah!
      you know, i hope, that detainees sent to egypt and syria are low level. High level detainees (KSM, for example) are/were held in CIA "black sites" for more, shall we say, expert, 'questionning'. Have you seen a video of Jose Padilla? After, you know, his 'interrogation'..

      --
      i had a sig, once..
  101. Re:Even-handed coverage... by Karem+Lore · · Score: 2, Insightful

    From wikipedia:

    The United States assumed territorial control over Guantánamo Bay under the 1903 Cuban-American Treaty, which granted the United States a perpetual lease of the area.

    1903...before Vietnam, before Gulf...hell, before WWII.

    Don't fool yourself into thinking the US is any better than any other country. The only difference I see is that while middle eastern countries rely on old (and babaric) techniques of torture, the US military has honed its skills to a point of excruciation that you have not even the slightest idea of. Ask a woman, she might know, at least for a few hours...now extend that for months and years and you just scratch the surface of the mental and physical abuse that is performed and the hands of US military personnel in the name of Justice. Until Guantánamo Bay is well and truly closed never to be populated by an American "justice fighter" I will consider America as the top most contravening Geneva convention and humans rights abusers this planet has ever seen. The mere fact that a US person ignores the perils of such a place is tantamount to assistance. I will take no lectures, thoughts or beliefs or even believe in the American dream or future until such a shameful place no longer exists.

    Going of topic now...stop here if you want to...

    Americans should, and are, rightfully ashamed of their current president, I know I am of my prime ministers of the last countless years.
    In fact the whole world security is just a shameful mess right now. Iran building nukes, US building more nukes and a Star Wars programme. UK building more nuke filled submarines, Russia building nukes and starting to fly reconnaissance flights again. Middle east in absolute turmoil, China in crisis, India in an almost nuclear deal of the centure (we build nukes but do not sign the non-disclosure). Oil and Gas running out, companies dragging their heals on alternatives, free speech being impeded. Oh God, I am gonna stop before I want to kill myself.

    A whole mess...all because the UN has become a joke and dialog is no longer considered useful.

    end of off-topic, end of rant.

    --
    When all is said and done, nothing changes...
  102. Re:Even-handed coverage... by Impy+the+Impiuos+Imp · · Score: 3, Insightful

    So let's see, a middle-Eastern guy happens to be in a New York hotel room on 9/11, and it happens to be a room that some legitimate pilot happened to leave a transponder that could communicate with planes?

    Ok, so far so good.

    Then comes 9/11 and they find this thing and someone wants to question him.

    So far so good.

    They threaten his family with bad stuff, nudge nudge, wink wink, unless he confesses.

    It's later broken up as the real pilot tells about the transponder.

    So far so good.

    Guy goes to sue, and has the right to.

    So far so good.

    Government claims the suit cannot go foreward because the details are classified due to national security.

    Distasteful in the extreme, but so far so good, as (true) national security should outweigh a lawsuit.

    So far so good. ...but it turns out that's a big, fat lie as there is no real reason it should be classified.

    Whew! I'm glad they don't do that in the US. What the hell country was this?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  103. 1984 by Anonymous Coward · · Score: 0

    The first thing that I thought when the government pulled documents, then replaced them with documents that better fit their agenda.

  104. nothing to see here move along by tommyatomic · · Score: 0

    Not that anyone will bother reading this but the reason that they clasify stuff like that is because the CIA and FBI cant legally torture anyone. But they can and DO send people to nations that CAN legally torture people. And making it publicly obvious that they outsource their torture needs would be a huge humanrights issue. The US cant be the champions of human rights and huge human rights violators at the same time its a conflict of interests.

  105. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    The reason to treat prisoners properly is simple: So that they will not fear surrender. It can be the difference between throwing in the towel and fighting to the death.

  106. (un)secret US torture prisons by SethJohnson · · Score: 4, Interesting


    Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure."

    Don't let this pawn distract you. The US perceives Egypt as rank amateurs in their torture methodology. America's secret prison rendition system sends lower-ranking captives to Egypt for torturing, while using the CIA-operated secret prisons for higher-level suspects.

    From the Washington Post:

    "A second tier -- which these sources believe includes more than 70 detainees -- is a group considered less important, with less direct involvement in terrorism and having limited intelligence value. These prisoners, some of whom were originally taken to black sites, are delivered to intelligence services in Egypt, Jordan, Morocco, Afghanistan and other countries, a process sometimes known as "rendition." While the first-tier black sites are run by CIA officers, the jails in these countries are operated by the host nations, with CIA financial assistance and, sometimes, direction."


    Ten years ago, we used to talk about the existence of Black Helicopters and people would laugh at these conspiracy theories. Now people wonder why we're making such a big deal about them.

    Seth
  107. Re:Even-handed coverage... by wordsnyc · · Score: 3, Insightful

    Traitor? Uh, no, that would be the little turd who ripped the guts out of the constitution and started a war to make his friends rich. Hey, I hear he's starting another. We'll be expecting you to enlist this time.

    --
    Sent from the iPad I found in your car.
  108. I'd disagree by CHESTER+COPPERPOT · · Score: 2, Interesting

    You got that story direct from Schwartzkopfs biography right? Talk about bias. Ever read much about John Boyd? The American military strategist? Boyd gave Cheney private presentations of his Patterns of Conflict and other briefings. In Boyds biography by Robert Coram there is a quote by one of Boyds acolytes that states Cheney was one of the most knowledgeable civilians outside military circles when it came to warfare. I've also read 'kopfs biography. He was talking about Cheneys office giving ideas to throw about in the mix, particularly ideas that were unconventional to mix with conventional military minds that were working on the plans. If anything it was a divergent thinking process, rather than convergent. It might have been shut down because it was stupid, but it was part of a process of thinking. Schwartzkopf was taking the planning out of context. The story doesn't show Cheney is dumb, but that Schwartzkopf doesn't understand the different between a divergent and convergent thinking process. I also find it laughable that'd you quote Schwartzkopf as a critic of Cheney. Schwartzkopf also wanted to get rid the brilliant "hail mary" plan in desert storm, that Cheney's office devised. Schwartzkopf wanted to just attack kuwait head on which would have meant a bloodbath for American troops. Sane indeed.

    1. Re:I'd disagree by Boronx · · Score: 1

      What part of Schwartzkopf's story do you take issue with? If all you're saying is that I don't know the whole tale, well, there's not enough paint in the world for this particular turd.

      Cheney is understood to be very knowledgeable about military matters. He also has enormous gravitas, and has perfected the art of looking like he knows what he is doing. That doesn't mean he's not an idiot.

      His hands are also all over the worst debacles of the current administration: siding with Rumsfeld on troop levels, forcing Garner out in favor of Bremer and all the associated policy horrors that followed, Chalabi, Plame, detainee policy and so on.

  109. Re:Even-handed coverage... by Zeinfeld · · Score: 3, Insightful
    Please tell me you're kidding. Pissing on a holy book and wearing a leash while naked are not in the same league as having your head sawed off with a knife. Shees

    In that culture it is worse.

    Killing a person might begin a blood feud with their relatives. But pissing on the Koran is starting a feud with a whole religion.

    Debating normative ethics with people who fly airplanes into buildings is pointless. But understanding the basis on which they form ethical judgements is essential if you are going to defeat them.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  110. This reminds me of that anecdote by suitepotato · · Score: 1

    in fusion research about that material that was originated in and declassified by the Soviet Union, sent with some of their scientists to the USA to give a talk to some of our scientists, and then promptly declared classified here and a blanket literally placed over the roll-away chalkboard.

    In the future, anything published online after the government releases it should be promptly uploaded to file sharing sites and p2p/torrent networks to make sure it is preserved in the open. It is NOT the job of the people to retcon info when the government makes mistakes, but the government's job to double and triple check what they clear for public consumption before it goes public from them.

    I blame the usual functionary bureaucrats for closing yet another barn door after the horses have already entered themselves in the Kentucky Derby.

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    1. Re:This reminds me of that anecdote by swordgeek · · Score: 1

      Care to explain what the hell you mean by retcon?! I honestly have no idea, and the rest of your post is quite logical.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    2. Re:This reminds me of that anecdote by Anonymous Coward · · Score: 0

      http://en.wikipedia.org/wiki/Retcon

      It's a term mostly (almost always?) used in fiction when you change what has happened by author fiat - i.e. Big Bad MunchkinMan died in episode 4, but thanks to the Superstar Author, he's alive and kicking in episode 1238 due to surviving the neutron-dwarf-star explosion by the sheer grit of his hideous teeth.

  111. Re:Even-handed coverage... by megaditto · · Score: 2, Informative

    Name the last enemy we've fought against that *didn't* torture [military detainees]

    Russia. Cuba. Iran.

    Do you recall those British sailors captured and released by Iran about a year ago? They did show their faces on TV (which is illegal) but I don't recall anybody being tortured there either.

    --
    Obama likes poor people so much, he wants to make more of them.
  112. Re:Even-handed coverage... by Zeinfeld · · Score: 1
    If our troops got captured in central America, they got tortured. If they got captured in the Gulf War, they got tortured. If they got captured in Vietnam, oh boy did they get tortured. If they got shot down over the Soviet Union, they got tortured. If they got captured in Korea, they got tortured. If they got captured in the Pacific, they got tortured. They occasionally got tortured even by the Germans, and even more typical treatment of American POWs would be considered "torture" today:

    As you point out, the NAZIs only tortured allied POWs occasionally. The Soviets did use torture on their own people and on captured spies. I think you need to provide evidence to back your assertion that they tortured US pilots. Gary Powers did not alleged torture as far as I am aware.

    Iraq mistreated servicemen during gulf war I - they paraded them on television which is degrading treatment. The US has done that repeatedly in the current conflict.

    So on balance there is quite a bit of evidence to suggest that a large number of US servicemen would have been tortured or otherwise mistreated but for the Geneva conventions.

    --
    Looking for an Information Security student project suggestion?
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  113. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    I agree. But these soldiers were under someone's command.

    That, friends, is pretty much the whole reason for war. If everyone on both/all sides just realised that there is no 'the enemy' and refused to allow themselves to be put "under someone's command", the world would be a very different place; these 'leaders' aren't going to go into battle themselves; no, they've far too much sense. They need you suckers to do their killing for them. Why not leverage your power and refuse to do so?
  114. Re:Even-handed coverage... by Hijacked+Public · · Score: 1

    The OP wrote that as a result of the photos US soldiers could expect to be tortured.

    This is not the case. There were no photos prior to Mogadishu, where bodies of helicopter crew and the snipers who tried to rescue them were dragged through the streets. There were none when various acts of torture were committed against the Vietnam vets who spoke to us during our SERE training.

    Then, as now, whether or not a captured soldier is killed or tortured or beaten or fed lobster tails depends largely on who their captors are and what strategic advantage they think they can get out of them. Photos might get kids to show up at a protest rally, or people to blame Bush on Slashdot, but the people out there making war on both sides have more serious shit to attend to.

    For instance, just before I capture you, you shooting at my head might cause a more immediate emotional reaction than the photos I saw on the news last year.

    --
    "Sacrifice for the good of The State" - The State
  115. Re:Even-handed coverage... by Zeinfeld · · Score: 1
    Name the last enemy we've fought against that *didn't* torture [military detainees] Russia. Cuba. Iran.

    Where in wingnutia do they teach folk that the US has ever gone to war against Russia, Cuba or Iran?

    Nearest the US came to that would be the Spanish-American war of 1898. No US forces were captured in either the bay of pigs or operation Ajax as far as I am aware and the US was never at war with Russia either (OK there might have been some meddling during the reds vs whites era).

    --
    Looking for an Information Security student project suggestion?
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  116. Re:Even-handed coverage... by tsm_sf · · Score: 1

    Moral relativity is for evil people.

    --
    Literalism isn't a form of humor, it's you being irritating.
  117. Re:No, and repeating yourself still makes you wron by Anonymous Coward · · Score: 0

    You haven't done shit, you narcissistic peckerwood. Reading this exchange between you just shows to what extent intellectual laziness prevents people from using research to support their inane claims on the Intertubes. Looking through your comment history it's clearly a persistent condition.

  118. Re:Even-handed coverage... by GaryPatterson · · Score: 2, Informative

    You're missing the point though. Why torture someone? If it's to get a confession at all costs, then you're likely to let the real perpetrators of actions like Sep-11 get away scot free because you're focusing on some bozo who puts his hand up mostly because he doesn't want his family tortured. Shouldn't the focus be on finding the guilty instead of manufacturing them through forced confessions?

    Torture is a hopeless means of extracting intelligence, and anything gained must be checked and verified independantly, which raises the question of why bother with the torture if you have to get the information through another, more trustworthy means anyway.

    Lastly, the justification that "they do it to us" isn't good enough to throw away your nation's proud history of upholding rights and setting the benchmark for the rest of the world.

    I look forward to seeing the USA as an ally and friend again, instead of the worrying nation it has become.

  119. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    In fact, one might go further... the closest thing to an enemy, for the common man, is his government. This applies in all countries of the world, for governments may as well be colluding to mutually control the populations of strong young men and women who would otherwise be causing trouble closer to home. Whether they are actually in collusion is immaterial; the effect is the same.

    Whether this is a good thing or not, is another matter. Maybe society benefits from removing the warmongers among us. Maybe those in battle are experiencing an accelerated form of artificial 'natural selection' and so we merely distil the warmonger gene. Who can say?

  120. Re:Even-handed coverage... by jamstar7 · · Score: 2, Informative
    Lt Rusty Calley followed an order given to him at My Lai by Captain Medina.

    Medina was never prosecuted. Neither were the members of the chain of command that gave Medina the order to give to Calley.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  121. Re:Even-handed coverage... by CodeBuster · · Score: 1

    The concept has been around much longer than that movie which happens to mention it, so it does not necessarily follow that one is referring to the movie A Few Good Men...as you said the debate over the role of soldiers and their ability to question orders has been around for a long time now, but back to your other point.

    Disclaimer: IANAL

    I believe the US military states somewhere that soldiers are obligated to refuse to carry out clearly immoral orders and explain the situation at their resulting court martial.

    Which is precisely why this course of action is so rarely pursued in the modern military. It is basically a career ender either way the verdict comes out. Either you are found to be guilty of ignoring orders OR you will very likely never be promoted again if you are an officer (not sure about enlisted). There is probably a clause somewhere that says that if you are found not guilty under the "immoral orders" defense then it must not be taken into further considerations in performance evaluations or promotion reviews, but people are human and a "bad mark" on your record, like not following orders (even when you prevail at the court martial), is something that many other people in the military just cannot get past when making evaluations. It is a bit like trying to un-ring the bell as it were.

    Obviously the stresses of combat could interfere in practice, but that's the principle.

    I am not sure, but I would suspect that any sort of combat situation (i.e. we were under fire when these orders were issued) would present a substantial obstacle to the "immoral orders" defense. If you are being shot at then just about any order issued under the circumstances should be followed immediately, regardless of moral compunctions, because your life and the lives of your fellow soldiers were in immediate danger when the order was issued by your superior(s).

  122. Re:Even-handed coverage... by Zeinfeld · · Score: 2, Interesting
    Long before those photographs were published many US soldiers expected to be tortured if they were captured. During some of the higher level Marine SERE training that was pretty well drilled into our heads.

    I am aware of that, the Abu Graihb photographs look pretty much like the SAS course Resistance to Interrogation (R2I).

    The point I was making however is that before the photographs that was pretty much the worst that captured servicemen could expect. Now it is the best.

    Its even worse than that as the whole point of R2I is that everyone talks and what they say is complete garbage.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  123. Re:Even-handed coverage... by Cally · · Score: 1

    Minor point: the airmen who were shot down and had the crap beaten out of them by the Saddam military during the 91 war were British. (Flying Tornados, in treetop-level bombing raids on heavily defended Iraqi airbases, so they were lucky to get out alive in the first place. Quite a few weren't so lucky.)

    --
    "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  124. The Eternal Quest! by Tiger+Smile · · Score: 1

    Quest for truth, or barring that a nice steaming pile of confession!

    What is this really doing for the American people. Lose of respect for those looking to advance their careers by "whatever mean", lose respect for the system, making us all safer from people who rent a hotel room after a pilot checks out. As a slightly moral people I would like to think we'd want the truth, not a "confess or your baby sister gets raped" document.

    Like it or not this very well might be what America stands for and what the people support for whatever measure of temporary safety it might make them feel they have.

    To me this is nonsense and crap. The judge should have not let that item slip from public view. Someone needs to be exposed, retrained, or fired. We don't need cheap gimmicks like they used in this case. I like to think we are both smarter and more inventive than that.

    --
    -- Prepared at the direction of, or to be sent to Legal Counsel, in anticipation of litigation. Attorney Client Pri
  125. Got to love the irony... by ravenspear · · Score: 1

    By classifying this data, the FBI helped to ensure that it was posted prominently on Slashdot for thousands of people to read.

    I bet if they had just left the original version posted, not many people would have even noticed it.

  126. Re:Sure. by jamstar7 · · Score: 1

    So instead of arresting the dealer, they're trying to bust the people who visit. It turned out that one of the 2 girls I was giving a ride to had a crack pipe in her purse.

    I'm surprised they didn't impound your car for later sale at government auction.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  127. Cue 1984 parallels... by Rudd-O · · Score: 1

    It's the Ministry of Truth at work. Keep asking and you'll be reamed in the ass.

    --
    Rudd-O - http://rudd-o.com/
  128. No worries by ThatsNotPudding · · Score: 1

    Soldiers have the responsibility to disobey illegal orders. "Just following orders" is no defense, according to Nuremberg. Those who believe that it is deserve the legal consequences and public scorn their actions merit.
    I'm sure there's an Executive Order that waives the findings at Nuremburg.

    "Tomorrow Belongs to Me"
  129. Re:NCSA by Anonymous Coward · · Score: 0

    Two spaces haven't been standard since the days of typrewriters and monospaced fonts. Period space new sentence, please.

  130. Spoken like a guy without a family... by Anonymous Coward · · Score: 0

    Seriously, do you know what the Egyptian security forces are capable of? Do you have living relatives?

    If they threatened to electrocute my Mom, I'd be singing like a bird, and so would you.

    Admittedly, the ICRC defines the infliction of psychological pain as being "ill-treatement", of which torture is only one flavor. So it's only prohibited by international law...

    "Methods of ill treatment may be both physical and/or psychological in nature and both methods may have physical and psychological effects."

    http://www.icrc.org/web/eng/siteeng0.nsf/html/69MJXC

  131. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    Are you 14 or is that when you started smoking pot? Go back to your bong and your braindead friends. Maybe you can get a "yeah, man" out of them with the drivel you allow to escape from your head.

  132. Classified? by ScrewMaster · · Score: 1

    For some reason, this information is classified.

    Apparently ... not anymore.

    --
    The higher the technology, the sharper that two-edged sword.
  133. "Out of scope"?! by Anonymous Coward · · Score: 0

    Here's a novel idea: Don't want to be nuked? Don't attack us.

    That "war crime" probably saved Japan from sixty years of Soviet occupation.

  134. Nothing to see here, move along now by Ignis+Flatus · · Score: 1

    I don't see anything particularly damning in this redacted section. Sending 'uncooperative' suspects to countries with more conventional means of interrogation is really old news. We've got rendering, and an either overtight or improperly sized blood pressure cuff. That's it... oh yeah, and we've got a bunch of whining from a suspect. That's the part the government doesn't want you to see, because of the propaganda value to its enemies.

    Now, feel free to redact me down to troll for not jumping on the administration-bashing bandwagon. I really was hoping to find evidence of waterboarding or shoving bamboo skewers under fingernails (you can never be too educated, might need that knowledge one day), but I didn't learn a damn thing. Where are the secret torture techniques that the government doesn't want me to know about?

    1. Re:Nothing to see here, move along now by h4rm0ny · · Score: 1


      To people with families, threatening to torture and ruin the lives of your loved ones is more effective than the pain of bamboo splints under the fingernails. It can also be done without leaving evidence.

      I'm sorry you're disappointed at the lack of super-secret torture techniques, but if there's anyone you deeply care about or love, you might want to consider how you would respond to a government agent saying admit to a crime or they'll have the crap kicked out of them, lose their job and home, maybe be locked in a cell for years.

      Even if that does not strike you as wrong to do to someone, you can at least see that in this case it has led to faulty confessions and mistakes.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    2. Re:Nothing to see here, move along now by CmdrGravy · · Score: 1

      Nothing particularly damning ?

      The investigator is threatening that if the subject doesn't tell him what he wants to hear then he's going to make sure that the subjects family, his parents and his brother and sister are going to be arrested and tortured by the Egyptian authorities.

      It's not like this would be an idle threat either, his family could well have ended up being arrested and tortured on the say so the US authorities.

      If the US don't want the things they are doing to be used as propoganda by their enemies then they'd be better off not doing things which make Americans look like a bunch of amoral murderous bullies who are quite happy to preach to the world about freedom but have no problem operating a secret police force to torture and harass their enemies.

    3. Re:Nothing to see here, move along now by nahdude812 · · Score: 1

      The very fact that the FBI went to the effort of getting it redacted means that they certainly seem to think it's damning.

      There are certainly non-physical means of torture, and threatening someone's family (in this case a very credible threat of rape, torture, and just outright ruining the lives of this guy's entire family) is a big one. It's basically, "Confess to this, or we get your family raped, tortured, and everything they have or ever will have will be destroyed."

      People who are able to tolerate physical discomfort used in conventional torture will often crack when it's their loved ones who are threatened.

  135. 24, Gunsmoke, and torture by misanthrope101 · · Score: 5, Insightful
    Kristol et al are fascinated with 24, as their mentor Leo Strauss was fascinated with the TV western Gunsmoke. They think in this mode, where we're the good guys and the good guys have complete moral clarity. The thing about 24 and Gunsmoke is that they are fictional television programs. That seemingly obvious fact, and its implications, eludes many.

    Yes, you can have perfect moral clarity and know there is a ticking time bomb when you're part of a TV audience that saw the bad guy setting the bomb, but in reality you don't get to see the bomb--people are being tortured to see if there is a bomb, to see if this guy knows a guy who knows if there's a bomb, and so on...reality lacks the perfect god-like clarity that the neocons think they have.

    When you're dealing with someone who thinks that they have this moral clarity that only exists in fictional scenarios, you're dealing with someone very stupid, very arrogant, with a power fetish, or any combination of the three. Opposition to torture is grounded not just in the idea that torture is wrong, but in the recognition that we're fallible, our knowledge is limited, and basically that people can't be trusted with that level of power. This grounding humility is what is lacking in the neocons. They may be humble in other ways, praying to God and so forth, but they believe so strongly in their own vision that they feel that normal morality doesn't apply.

    This isn't strictly confined to the neocons--some leftists have tortured for the Marxist/Stalinist/whatever cause, no doubt, but they are long gone. The neocons may not have a monopoly on hubris, but they're the problem we're dealing with today.

  136. what are you saying? by misanthrope101 · · Score: 1

    Are you implying that torture is immoral? If it's immoral, then I'll stand right beside you saying that the Islamicists are wrong for torturing people. If you think torture is a legitimate information-gathering technique, I'm not sure why the media would give it much attention. Could you clarify your position on this? I happen to think torture is immoral, but I've had my patriotism questioned for saying it.

    1. Re:what are you saying? by Zombywuf · · Score: 1

      Then you should say it as often as possible.

      --
      If you can read this you've gone too far.
  137. Re:NCSA by background+image · · Score: 1

    Historically, two spaces after a sentence is very much the exception, not the rule.

    Check out any professionally printed material--newspapers, magazines or books, and you will rarely or never find a double space after sentences. Here's a little about the why.

  138. granted, but what's your position? by misanthrope101 · · Score: 1
    Yes, many nations use torture. My question to you, is -- is it wrong? I'm making the moral judgement that torture is immoral, even if every other nation on the planet uses it routinely. If you think torture is a legitimate information-gathering methodology, or a dandy way for our troops to "get some back," then I guess you have nothing to bitch about.

    It's well-established that torture results in more disinformation than actionable intelligence, because people will say anything at all with a drill-bit in their kneecap or electrodes on their testicles. So it really comes down to the moral question. When the Egyptions or N. Koreans torture a prisoner (or detainee)-- is that immoral? I really need an answer on this.

  139. my vote by marafa · · Score: 1

    i would vote -10 bumbling idiots but i dont have any moderation points

    --
    _ In Egypt Networks: Network Solutions with a Twist
  140. Hiding by Anonymous Coward · · Score: 0

    What all this really says to me, is that thousands of other cases are being hidden that we do not get to hear about. Iraq prisons have held over hundred thousand people under americans' new torture regime. Their stories are hardly heard in the western media. 5 million people are now homeless because they have run and left the country. Over 1 million people are dead. 10 million wounded. If one in every 20 americans were dead and 1/5 ran the country and half had been wounded, USA would be in the same situation. The atrocity done in Iraq is on par with Hitler's deeds in it's scale. -- What is it that USA wants so hard that we can't leave Iraq alone?

  141. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    What a telling argument to decide to torture, or not, on torture's own merits, which are few.

  142. I agree entirely by goldcd · · Score: 1

    I think the main problem is that we seem to entertain the notion that war can be 'gentlemanly'
    It can't. The entire point is to cause as much pain and suffering to the other side, until they can take no more and bend to your will.
    Anything other than that is window-dressing. If you're not prepared to die for the war, then you shouldn't have turned up. The idea of joining a national army ujp front and happily going off to kill whoever your leader dislikes that week is bizarre beyond words.
    Getting your people captured and then acting indignant when they're beheaded, or protesting footage of 'enemy' snipers is just hypocritical beyond words. Once you go to war, you've made a decision you can't take back and anything goes.

  143. And you know what's worse...? by Anonymous Coward · · Score: 0

    I see some seriously career-limiting decisions in Judge Rakoff's future as well. This all only came out because the Judge objected to the FBI lying openly to the court.

    While I see a fruitful future for the FBI agent, who has had his loyalty to the Agency proven under fire.

    And what's worse is that, nowadays, no one will really think that's the wrong way round.....

  144. Re:They Should Have by Alsee · · Score: 1

    Terrorists can certainly kill some people, but they are not a threat to America.
    No, it's people like you are the threat to America. It's people like you that threaten to destroy America.

    I wish we could work out some good way to revoke the citizenship and deport traitors like you. No wait, not 'deport', extraordinary rendition.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  145. Re:Even-handed coverage... by otmar · · Score: 1

    The main benefit of not torturing PoWs is not the hope of being treated in kind.

    The real, down to earth benefit you get from that policy in wars is the enemy's attitude towards getting captured. In WW2, German soldiers fought tooth and nail not be captured on the eastern front, as it was well known that the red army mishandled PoWs. Things were different in the west: surrendering was a good choice in a tight spot. The war was over for you and you certainly had a better life in the US camps than fighting against the inevitable defeat.

    Result: during the last days of the war, the US army had troubles coping with all the German soldiers who were surrendering vs. the soviets who found stiff resistance till the end.

    The same effect was significant in both gulf wars.

  146. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    Can't see any problems there. The soldiers have invaded a country illegally, and are torturing and murdering its people.

    If the Iraqui Freedom Fighters catch any of their oppressors, I assume they'll subject them to Sharia law, and put them to death. Isn't that what you would do in their position?

    All sounds quite reasonable to me. I should think the US would support it. After all, isn't that what you did during the Irish troubles? I understand that Iran has set up a NorAid-type fund to keep the Iraquis going.....

  147. cache? by m2943 · · Score: 1

    The decision must still have been in the cache; why not post it somewhere else?

  148. Re:Even-handed coverage... by m2943 · · Score: 1

    So when is this guy gonna start blogging about what happens to American soldiers captured alive by Islamists?

    We expect terrorist organizations to mistreat their captives. Are you drawing parallels between the US government and terrorist organizations?

  149. Re:Even-handed coverage... by shilly · · Score: 1

    I don't find this very convincing. Dresden, nukes and firebombing Japanese cities are all acts that have contested status -- they are not nearly as obviously crimes against humanity or war crimes as, to take a pretty obvious example from WWII, the Shoah.

    The fact that both sides may do bad things in a war shouldn't make it impossible for us to say that one side is worse. And in this case, it's pretty clear that one side was worse.

  150. mod parent up! by miasmic · · Score: 1

    Great work, cheers!

  151. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    The Nuremberg (and Tokyo) trials were examples of victor's justice: allied war crimes and crimes against humanity (the Dresden bombing, the nuclear bombs on Japanese civilian targets, the firebombing of Japanese cities, and so on...) were out of scope. It's quite ok to commit war crimes, as long as you win the war.

    Your so-called "allied war crimes" would not have taken place if Germany, and later Japan, had not started the war in the first place. Peoples who encourage, condone, or just sit idly by as their governments wage unjust wars on other nations deserve every bit of misery that comes their way. The Allies were justified in their defense against the Axis aggressors in WW II, and the "good people" of Dresden and Hiroshima deserved what they got because they and their fellow citizens allowed their respective nations to wage unjust wars.

    Sadly, the USA is now the unjust aggressor in the world, motivated by oil, greed, and political expediency, and enabled by a citizenry that is just too comfortable to care. Times are good in the good ol' USA but it ain't gonna last. History shows, it never lasts. Nobody likes a bully, and it's only a matter of time before this teetering house of cards called the USA topples and nations far and wide move in to avenge past wrongs both real and imagined. I give the USA 50 more years max as a superpower. Thankfully, by that time this old retired engineer will be long gone.
  152. yes, but... by m2943 · · Score: 1

    WWII is probably one of the few wars where there really was an unequivocal "right" vs "wrong", and it was a war that the allies had to win at any cost. Furthermore, the victors did handle the aftermath of the war in a way that transformed the losing nations into prosperous and free societies.

    The major moral problem with WWII is that it has served as an excuse and model for subsequent wars, wars that were nowhere near as clearcut.

    1. Re:yes, but... by Raenex · · Score: 1

      WWII is probably one of the few wars where there really was an unequivocal "right" vs "wrong", and it was a war that the allies had to win at any cost. From The Fog of War:

      "Why was it necessary to drop the nuclear bomb if LeMay was burning up Japan? And he went on from Tokyo to firebomb other cities. 58% of Yokohama. Yokohama is roughly the size of Cleveland. 58% of Cleveland destroyed. Tokyo is roughly the size of New York. 51% percent of New York destroyed. 99% of the equivalent of Chattanooga, which was Toyama. 40% of the equivalent of Los Angeles, which was Nagoya. This was all done before the dropping of the nuclear bomb, which by the way was dropped by LeMay's command. Proportionality should be a guideline in war. Killing 50% to 90% of the people of 67 Japanese cities and then bombing them with two nuclear bombs is not proportional, in the minds of some people, to the objectives we were trying to achieve."

      "LeMay said, "If we'd lost the war, we'd all have been prosecuted as war criminals." And I think he's right. He, and I'd say I, were behaving as war criminals. LeMay recognized that what he was doing would be thought immoral if his side had lost. But what makes it immoral if you lose and not immoral if you win?"
  153. Re:Even-handed coverage... by Mushdot · · Score: 1

    What you call 'distasteful' is to some cultures much worse than physical abuse. This lack of cultural understanding is where the US fails miserably time and again.

  154. Re:Even-handed coverage... by drspliff · · Score: 1

    Even if it isn't as bad as what the Islamics do, I don't think that the US government holding that behavior up as something to do it'self is a good thing. We are supposed to be FIGHTING this behavior, not emulating it.

    "Muslims", thank you.

  155. Re:Even-handed coverage... by meringuoid · · Score: 1
    the "good people" of Dresden and Hiroshima deserved what they got because they and their fellow citizens allowed their respective nations to wage unjust wars. Sadly, the USA is now the unjust aggressor in the world, motivated by oil, greed, and political expediency, and enabled by a citizenry that is just too comfortable to care.

    Would that mean that another major terrorist attack on the US would be justified, and that the good people of wherever it struck would deserve what they got for allowing Bush to wage unjust wars?

    --
    Real Daleks don't climb stairs - they level the building.
  156. Re:Even-handed coverage... by Anonymous Coward · · Score: 0

    Your comparison with the IRA isn't really quite appropriate. First of all, the IRA did not get the moral high ground with internment. They already had it due to the ongoing refusal of the British establishment to give equal civil rights to Roman Catholics. Internment without trial was merely a further abuse of people demanding equal status.
    As for the IRA being defeated by the British government, they weren't. People got tired of them, because they weren't needed anymore. Civil rights in Northern Ireland have been achieved, despite the continuing discrimination against Catholics that is enshrined in UK law. Very few people go around killing other people for a laugh, they can find more productive ways to spend their time. But when 40% of the population of any country is refused decent jobs, forced to make oaths of allegience which are by their nature objectionable, refused equal voting rights, assaulted daily on the streets and have a police force that doesn't care, or even joins in.. In circumstances like that you might find quite a few people with nothing better to do. The lack of support for violence is a result of a near total victory of the IRA in Northern Ireland.

  157. periods by mrjacques · · Score: 0

    "Who ... decided that sentences on the Internet shall no longer be formatted with two spaces after a period?!" The Modern Languages Association (MLA) changed its recommendation recently (in the 6th edition, I think, of the Guide to Writers of Research Papers). Before that, it had recommended two spaces, a style item I've used for decades. I used to hate that browsers all seemed to render sentences with only one space after a period ("full stop" in many parts of the world), but now it seems that they were ahead of the curve, at least in terms of US style. The New York Public Library Writer's Guide to Style and Usage also says to use one space. I don't know what Chicago, or the APA, or other style manuals say.

  158. Re:They Should Have by m2943 · · Score: 1

    So, you think that the US government should pluck innocent people off the street and coerce confessions from them for crimes they didn't commit?

    You are evil.

  159. Classification to hide bad behavior is illegal by AP31R0N · · Score: 1

    Hi. Former intel analyst here. Using classification to cover up a crime or an embarrassment is illegal. It might be possible that there is legitimately classified information in the confession. i thought coerced confessions were inadmissible.

    --
    Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
  160. Re:NCSA by Anonymous Coward · · Score: 0

    There is an entire social structure above the middle class that simply assumes that, because of their position, they are entitled to hundreds of thousands or millions of dollars. They don't see their salary as something they've earned so much as it's something which empowers their sense of entitlement.

    Given that you yourself demand 6-7 figures from prospective employers, I find this HILLARIOUS!!!11!one!

  161. Re:Even-handed coverage... by iceZebra · · Score: 1
    Whilst you make several interesting points, coming from the UK it's even more interesting to note that you seem to solely attribute the fall of the IRA to the lack of US funding.

    In the days after 9/11 everything changed. It was no longer hip to support the IRA. Rudy attended a NORAID fundraiser immediately after 9/11 but only after the IRA agreed the money would go to the 9/11 victims. After that US funding for NORAID disappeared entirely and the IRA finally accepted the demands that they had long resisted to disarm.
    I mean, the UK powers-that-be have only spend many years and suffered many attacks in the attempt for peace, meanwhile various US people have funded (if not necessarily directly) the IRA. But, hey, thanks US, now you've stopped funding the IRA, it's gone away! I guess it was nothing to do with our efforts after all!

    I appreciate that the majority of /.ers do not take the view that everything revolves around the US, yet this particular view is a good example exactly why a lot of Brits find the American 'general public' nauseating. Posting this on a predominately US site will, I imagine irritate a lot of you and for that I'd just like to say; I get equally disheartened by the British 'general public' and I wouldn't class /. as the typical American 'general public', just this AOL user I'm replying to.

  162. Re:Even-handed coverage... by cayenne8 · · Score: 1
    "I can't believe you just said that. Sexual humiliation is one of the most extreme and repulsive methods of torture anyone can go through, particularly if you are raised in a culture that is conservative in any way. How about I take your sister and strip her of her clothes, tie her hands to the ceiling and cover her head in a black bag while strangers laugh and take photos of her, occasionally touching here, groping there.. you can't be completely unaware of the relationship between dominance and sex(thereby the absolute assault on personal diginity in related torture methods). The Islamists who capture our men may kill them in a savage manner, but even they - the brainwashed criminals - would never stoop to the level of inhuman shit our "soldiers" displayed."

    Again...while it may not be pleasant, it isn't torture. No one was put through excruciating pain, and from what I saw of the photos, no one is going to be mentally 'wrecked' for life.

    You later mentioned rape of some kind. I've not heard of rape taking place...that is a whole different line to be crossed together and I'd put that in the torture category. But, a little humiliation isn't going to hurt or mame anyone.

    I'd also through out there...that while rape is HORRIBLE and foul...it is better than having your head chopped off. At least with the former...you still walk away breathing.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  163. Re:Even-handed coverage... by jythie · · Score: 1

    Yeah, I really should not have followed the parent's word usage. I was attempting to make it clear that I was mirroring the specific wording but it just came off as stupid ^_^;

    Though I wonder if "Arab" would have been a better term yet.

  164. Torture work by Anonymous Coward · · Score: 0

    And this is the shiny new example of why torture does work.

    Most witches confessed, before they got burned.

    That is usually the purpose of torture, not getting the truth

  165. Your post just makes you look dumber, stop now by SIIHP · · Score: 1

    "I parsed this as:

    So all those troops in hot zones just don't matter anymore?"

    Which was wrong, because your reading skills suck.

    "This implies something about the IDENTITY of those troops."

    Oh please, it does nothing of the kind, you just misread something and aren't man enough to admit it, so you lay blame somewhere else.

    There's not a single thing in there that would lead anyone with any kind of reading ability to your conclusion. You fucked up and are too pathetic to own up. Sad.

    "Considering you wildly misinterpreted the OP"

    Considering YOUR response to e, you can fuck off with your claim of misinterpretation Mr. Pot.

    "You're also wrong. Should troop location details be kept secret FOREVER? "

    How does that make me wrong? I NEVER claimed that.

    You're a fucking idiot with TERRIBLE reading comprehension. You've misread a very easily understood post, and blamed your shitty reading comprehension on me.

    I've got an idea, HOW ABOUT YOU ACTUALLY READ MY POST AND RESPOND TO WHAT I WROTE as interpreting it seems to be far to difficult for you to do correctly.

    --
    I only go to buffets for the unlimited soft serve.
    1. Re:Your post just makes you look dumber, stop now by rtechie · · Score: 1

      The style of your posts is extremely abrasive, and doesn't do you any favors. This is why you have so many negative mods. Try to lay off the insults and swearing if you actually want people to respond to your posts. Your tactics aren't working to actually convince anyone of your positions. I've skimmed a few of your other posts and you seem to be able to make a point when you really want to, in between the insults. I'm showing a little faith in you here by assuming you're not just going to respond with the usual.

      You said I misinterpreted your post and I responded to both interpretations. It's my assumption that you disagree with the OP somehow based on the tone of your posts. So the subtext I'm taking out of your posts is "The Bush Administration is right in their policies." If you disagree with the statement in quotes, maybe you shouldn't have posted in oblique support of the policy.

      Yes, current troop deployments should be kept secret. The OP was not saying we should post the details of Army infantry deployments to the public. I don't know how you gleaned that from his post. He was talking about CIA "black bag" operations. And yes, a strong case can be made that we shouldn't do these kind of operations at all. We shouldn't "disappear" people. We shouldn't work with shady governments and criminals to gather "intelligence".

      So what's your response to the real issue? Should US government agencies engage in "black bag" operations and "disappearing" people, or not?

  166. Are all ACs as stupid as you? by SIIHP · · Score: 1

    "Not very bright are we?"

    Don't be so hard on yourself and your family, they probably exceed your expectations.

    "When you're a peacekeeper, you want people to know where you are."

    Unless you're transporting valuable cargo like, I dunno, medicine or food or something. Of course, there are the missions where they break up opposition forces as well as enforcing ceasefires.

    See, three examples right there, yet you're so stupid and arrogant you think that all peacekeeping missions fall into the categories you listed.

    Look up "Bosnia", and then STFU and stop posting AC after I show you you're wrong. We all know it's you.

    --
    I only go to buffets for the unlimited soft serve.
  167. What democrat? by oliphaunt · · Score: 1

    What Democrat has offered to repeal USA PATRIOT?

    1. US Senator John Tester. He won election as a Democrat in Montana, with a platform built largely from anti-federal-government planks. He's been anti-patriot act all along.

    2. US Rep and (sorta) presidential candidate Dennis Kucinich. He's running for president against the patriot act.

    There are probably others; these are the two I can think of right off the top of my head. Note also the absence of any D-prez frontrunners from this list... I bet Hillary can't wait to get her hands on the levers of power that work the police state. And, truth be told, if she promises to stick an electric cattle prod up Dick Cheney's ass and show it on national television, she would win my vote in a heartbeat.

    --




    Humpty Dumpty was pushed.
  168. Re:NCSA by Anonymous Coward · · Score: 0

    Shhh... he's not interested in logic or reason-- they interfere with his conspiracy theories.

  169. Re:Even-handed coverage... by Plutonite · · Score: 1

    I think the majority of people who saw those videos disagree with you very very strongly. You are responding in a typical "western" fashion, taking pure physical pain over psychological damage (which can be far more difficult to recover from). I guess it's part of the materialist path most of our nations have been walking down. There are people who would rather die than be put through that kind of humiliation, literally.

  170. Yes you can clean up Internet: Bush Coffin Sex Pic by Anonymous Coward · · Score: 0

    It has happened before. I saw the famous Bush coffin sex pictures, mentioned below, but they seem to have been done away with rather efficiently. http://www.mail-archive.com/ctrl@listserv.aol.com/msg95880.html

    The pictures weren't that special, but with such resolution as to be clear they were not forgeries. And you can't find them anymore on the internet.

    There's some truth to this story about FBI and NSA being ordered to get them.

  171. Re:NCSA by Anonymous Coward · · Score: 0

    > Here's a little about the why

    The clueless buffoon shoots himself down with his own web page. Of the 8 non-standard spaces he gives examples of, 6 are rendered as rectangles because the browser can't show them.

    Render this: :rollseyes:

    In any case, you claim it explains why. It does not, it just asserts it's just quaint and misguided to do so.

    My argument still stands: Extra spaces are useful to the eye.

    A bald assertion they are unneeded with know knowledge of actually why they were needed is hardly solid reasoning. He's asserting a preference, nothing more. At least my preference has a reason behind it.

    > Shhh... he's not interested in logic or reason-- they interfere with his conspiracy theories.

    A conspiracy of dunces, perhaps.

  172. Re:Even-handed coverage... by cayenne8 · · Score: 1
    "There are people who would rather die than be put through that kind of humiliation, literally."

    Then those are some twisted value individuals...geez...grow some thicker skin.

    You mean the west can win 'the war' by making fun of these guys and trying to humiliate them?? Man...and to think of all the money we wasted on guns and bombs.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  173. Re:NCSA by Anonymous Coward · · Score: 0

    Log in, Stevie.
    P.S. The spaces render fine in my browser. Perhaps you fucked up your debian install, since you obviously don't know what you're doing with it...

  174. Re:Even-handed coverage... by Plutonite · · Score: 2, Insightful

    Actually, both the "west" and the "east" modded you into oblivion because they think those soldiers were worse than scum, and not only did they destroy any credibility we had in the war and strengthened the support for radicals, they pretty much proved the enemy's point for them. It is your point of view that is disgusting and anomalous, not everybody else's. And yes, sexual torture methods are used to "defeat" the subjects' ego utterly leading to emotional breakdown and -the torturer hopes- hopelessness (hence ease of deriving info). People can get past an electric shock session and beatings pretty easily..this is far, far more difficult to get over. I guess if you don't realize that by yourself then neither I nor the moderators nor the whole world can get you to understand. Suffice to say that the soldiers who did this would not defend themselves as you defend do. Rhetoric like yours is what gives al-qaeda the upper hand, your voiced opinion is all they need.

  175. So you don't have to search by Anonymous Coward · · Score: 1, Informative

    I am posting this as AC for obvious reasons. I made it easy for you to find the differences between the two pdf's. Btw, it seems they did a find and replace for the word reverse and they replaced it with vacate in the edited document. Here is the edited out portion of the document:



    Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother "live in scrutiny" and would "make sure that Egyptian security gives [his] family hell." Templeton later admitted that he knew how the Egyptian security forces operated: "that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don't advise people of their rights, they don't - yeah, probably about torture, sure." Higazy later said, "I knew that I couldn't prove my innocence, and I knew that my family was in danger." He explained that "[t]he only thing that went through my head was oh, my God, I am screwed and my family's in danger. If I say this device is mine, I'm screwed and my family is going to be safe. If I say this device is not mine, I'm screwed and my family's in danger. And Agent Templeton made it quite clear that cooperate had to mean saying something else other than this device is not mine."

    Higazy explained why he feared for his family:

    The Egyptian government has very little tolerance for anybody who is --they're suspicious of being a terrorist. To give you an idea, Saddam's security force--as they later on were called his henchmen--a lot of them learned their methods and techniques in Egypt; torture, rape, some stuff would be even too sick to . . . . My father is 67. My mother is 61. I have a brother who developed arthritis at 19. He still has it today. When the word 'torture' comes at least for my brother, I mean, all they have to do is really just press on one of these knuckles. I couldn't imagine them doing anything to my sister.

    And Higazy added:

    [L]et's just say a lot of people in Egypt would stay away from a family that they know or they believe or even rumored to have anything to do with terrorists and by the same token, some people who actually could be --might try to get to them and somebody might actually make a connection. I wasn't going to risk that. I wasn't going to risk that, so I thought to myself what could I say that he would believe. What could I say that's convincing? And I said okay.