In June 2004, in the wake of the Abu Ghraib scandal, a notorious memo from August 2002 was leaked. It was written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel and it claimed to redefine torture and to authorize its use on prisoners seized in the “war on terror.” I had no idea at the time that its influence would prove to be so long-lasting.

Ten years and four months since it was first issued, this memo — one of two issued on the same day, which will forever be known as the “torture memos” — is still protecting the senior Bush administration officials who commissioned it (as well as Yoo, and his boss, Jay S. Bybee, who signed it).

Those officials include George W. Bush, former Vice President Dick Cheney and their senior lawyers, Alberto Gonzales and David Addington. None of these men should be immune from prosecution, because torture is illegal under US domestic law, and is prohibited under the terms of the UN Convention Against Torture, which the US, under Ronald Reagan, signed in 1988 and ratified in 1994. As Article 2.2 states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Read the rest of this entry »

Exactly ten years ago, on August 1, 2002, Jay S. Bybee, who, at the time, was the Assistant Attorney General in the Justice Department’s Office of Legal Counsel, signed two memos (see here and here) that will forever be known as the “torture memos.” Also known as the Bybee memos, because of Bybee’s signature on them, they were in fact mainly written by John Yoo, a law professor at UC Berkeley, who worked as a lawyer in the OLC from 2001 to 2003.

Although the OLC is supposed to provide impartial legal advice to the executive branch, Yoo was not interested in being impartial. As one of six lawyers close to Vice President Dick Cheney — along with David Addington, Cheney’s Legal Counsel, White House Counsel Alberto Gonzales, White House Deputy Counsel Tim Flanigan, William J. Haynes II, the Pentagon’s General Counsel, and his deputy, Daniel Dell’Orto — he played a significant role in formulating the notion that, in the Bush administration’s “war on terror,” prisoners could be held as “enemy combatants” without the traditional protections of the Geneva Conventions; in other words, without any rights whatsoever.

This position was confirmed in an executive order issued by President Bush on February 7, 2002, and was not officially challenged until the Supreme Court reminded the government, in Hamdan v. Rumsfeld in June 2006, that Common Article 3 of the Geneva Conventions, which prohibits torture and “outrages upon personal dignity, in particular humiliating and degrading treatment,” applies to all prisoners seized in wartime. Read the rest of this entry »

The revolutionary movement that began in Tunisia at the end of last year has now sparked mass movements in Europe; principally, to date, in Greece and Spain. On the surface, these movements have little in common. In Tunisia and Egypt, the people came out in vast numbers to overthrow the hated dictators who, for decades, had strangled their economies and presided over police states, whereas in Greece and Spain, the protestors are not seeking the overthrow of dictators, and are not rebelling against a police state (although both countries can draw on their relatively recent experience of dictatorship).

Beneath the surface discrepancies, however, the revolutionary movements of 2011 share noticeable similarities — not just because they are all, to some extent, popular uprisings involving word-of-mouth and social networking, without the kind of fixed organisational leadership that has been behind previous revolutionary movements, but also because they are all, fundamentally, attacking the malevolent impact of unfettered 21st century capitalism on entire populations, whether these involve dictators enriching themselves by facilitating Western exploitation at the expense of their people, or the populations of European countries being told that they have to pay for the excesses of their leaders and the banks. Everywhere, bankers, corporations and major shareholders continue to make profits, while everyone else loses, and is supposed to go quietly to the abattoir of their hopes and dreams.

In Spain, where the unemployment rate is over 20 percent — and the youth unemployment rate is a staggering 45 percent — protestors, identifying themselves as “los indignados” (the indignant), first followed the lead established in Tunisia and Egypt on May 15, when tens of thousands of people undertook what the BBC described as “a spontaneous sit-in” in Madrid’s Puerta del Sol square. Tens of thousands more protestors then occupied public spaces in Barcelona, Valencia, Sevilla and Bilbao ahead of local elections, despite a pre-election ban on political protest. Read the rest of this entry »