WASHINGTON - U.S. Attorney General Michael Mukasey said on Wednesday he had rejected a request from lawmakers that an outside special counsel investigate the case of a Canadian taken off a plane in New York and sent to Syria, where he says he was tortured.
Mukasey said under questioning at a House of Representatives Judiciary Committee hearing that he did not believe that a special counsel was warranted "at this time."
Maher Arar, a Syrian-born software engineer, was taken into custody by U.S. officials during a 2002 stopover in New York while on his way home to Canada and then deported to Syria because of suspected links to al Qaeda.
Arar says he was imprisoned in Syria for a year and tortured. His case has become a sore spot in U.S.-Canada relations.
Three committee Democrats sent a letter on July 10 asking Mukasey to appoint an outside special counsel to investigate and prosecute any violations of federal criminal laws.
They said a special counsel would ensure the investigation is thorough, impartial and independent, and would show the U.S. government was willing to conduct a fair investigation into serious allegations of wrongdoing.
Two lawmakers who sought the outside investigation, including committee chairman Rep. John Conyers, a Democrat from Michigan, criticized Mukasey's decision.
Conyers said Mukasey had continued the "unfortunate tradition" of refusing to appoint a special counsel not only in the Arar case, but also for President George W. Bush's warrantless surveillance program and for the CIA's use of waterboarding for terrorism suspects.
Rep. William Delahunt, a Democrat from Massachusetts, cited testimony last month that U.S. officials may have sent Arar to Syria, rather than Canada, because they knew of the likelihood of torture.
"If that doesn't trigger need for a special prosecutor, I can't imagine what would," he said.
Mukasey said U.S. officials received assurances from Syria that Arar would not be tortured. "Sending him to Canada could have posed a threat to our country," Mukasey said, adding that sending him to Syria was "safer."
Maria LaHood, an attorney for the Center for Constitutional Rights in New York, which represents Arar in the United States, replied, "Sending Maher to Syria instead of home to Canada was certainly not safer for him, and did nothing to make the United States safer."
'TENDENCY TO COVER UP ITS CRIMES'
She said, "The tendency of the Department of Justice to cover up its crimes is exactly why an outside prosecutor is needed."
The department told committee members of Mukasey's decision in a letter sent on Tuesday, the day before his appearance.
It said the Department of Homeland Security's inspector general has reopened his investigation of the Arar case while the Justice Department's Office of Professional Responsibility is reviewing the role of department lawyers in the case.
"We will carefully consider the results of these efforts in determining whether any further action is appropriate," a department official said in the letter.
The Canadian government has cleared Arar of any links to terrorist groups, has apologized and has paid him millions of dollars in compensation.
Editing by David Storey
© 2008 Reuters
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41 Comments so far
Show AllWhen are these nightmares going to end? How long will it take to dismantle the police state the US has become?
Mukasy himself should be prosecuted for covering up and behaving in a manner inappropriate for a top American official. Arar should have been sent home to Canada, and the US, like Canada, should apologize for its peremptory, unethical action. This case is a stark reflection of the attitude the Bush-Cheney cabal has insinuated into policy decisions: to hell with the individual and his or her rights.
I think we all know the answer to the call for revolution: The Bushites would love it; they would postpone the election, declare martial law, burn the Constitution and the Declaration of Independence, rename the country to "The United State of America," apply the Chinese government's treatment of peaceful opposition in Tiananmen Square, confiscate all the identity papers of the remaining opposition, name them "unlawful combatants" and sentence them to death by hanging (a la Sadam)through the "Patriot Act" and the "Homeland Security" bureacracy. The citizens who survive will live in peace and safety in the "Brave New World" of the Decider/Controller.
Come to think of it, isn't that what we're doing now?
opeluboy said on July 24th, 2008 at 10:08 pm: "BornFreeMen - I can't happen here."
I'm assuming that you meant "IT can't happen here"... What makes you so sure opeluboy that it can't? It won't be the Jews this time, but the Muslims, or any immigrants perhaps. You know how the rabid right hates those 'illegal Mexicans'. I think you're just in denial of how far down the road to fascism that the United States has progressed.
Y'know, I could tell that this article was a Reuters article within the first sentence... Reuters is notoriously skewed in favour of the Zionists and the evil empire... Take this sentence for instance:
"rejected a request from lawmakers that an outside special counsel investigate the case of a Canadian taken off a plane in New York and sent to Syria, where HE SAYS he was tortured." (emphasis mine)
Reuters never says where HE WAS TORTURED. It's a fact that he was, so why do they play games with the language to make it seem like the fact is in doubt?
Or this sentence: "Arar says he was imprisoned in Syria for a year and tortured."
Same thing... Not that he WAS, but that he SAYS he was.
Or this: "His case has become a sore spot in U.S.-Canada relations"
That's patently false. Perhaps publicly, the Harper government is 'tsk tsk' towards it all... but Harper FULLY SUPPORTS torturing people in the "Global War Of Terror". It hasn't hurt relations between Harper and Bush at all... Harper is still more than happy to bend over and grab his ankles for Bush.
Finally: "The Canadian government has cleared Arar of any links to terrorist groups, has apologized and has paid him millions of dollars in compensation."
The Canadian government would NOT have paid him anything if his story was untrue. Therefore, why does Reuters insist on casting doubt on Arar's story by their use of language in their reporting? I suppose the answer is pretty obvious... any guesses boys and girls?
I have mentioned this before... We all need to send balls, tennis balls, golf balls, etc to all of our "representatives" and tell them to get some balls and stand up to these people!
And in the 1800's, did the kind-hearted of Congress want a SP appointed to investigate actions of the BoIA/Military, in keeping us safe from the 'savages'? [And were they just as diligent/insistent in getting-same?]
Welcome to the Charles Manson government.
Several have asked the question--How do we get rid of the likes of Mukasey? Normal and legal methods are not working anymore since our country was taken over by thugs, and many are certainly not for using deadly force, such as was used to rid our country of the Kennedy brothers.
Consequently, the answer is only by the ballot box with an avalanche of votes for returning to the rule of law, as the Rethugs used to be so enthralled with saying. As for the poor Dems, the Repugs came in like roaring lions, and the Dems folded like whipped pups, but even so, wwe have certainly had enough of the lions and better try the pups for awhile.
I hope the voters will remember to connect the names of Shumer, Feinstein, and Mukasey, come next election.
Addendum to my last post.
Constitution? Constitution? "It's just a god-damned piece of paper!" (direct quote from der bu$h)
There is no way that we can remove any of these fascist animals from their posts. We have a "Reichstag" which will rubber stamp anything der bu$h tells them to.
The original "Patriot Act" reads very similar to the "Enabling Act" which Hitler put into execution the day after the Reichstag fire, to curtail the civil rights and privacy of all Germans, for their own welfare and protection of course.
With very few exceptions, the Congress and the Senate meet my father's definition of an "honest politician" i.e., "One who stays bought."
Obviously, we have the best and most honest politicians money can buy. Ask any of the cartels.
Great and wonderful post; How can we remove Mukasey as AG? Is there anything we can do to remove this zionist pig from further abuse of our laws?
And they wonder why people talk of revolution!
BornFreeMen - I can't happen here.
1930's Build up to the War in Europe and the Holocaust.
DHS---- is What???
Gestapo - contraction of Geheime Staatspolizei: "Secret State Police") was the official secret police of Nazi Germany
FEMA----is What??????
Under the overall administration of the Schutzstaffel (SS)
administered by the Reichssicherheitshauptamt (RSHA) ("head office of the Reich's security service") and was considered a dual organization of the Sicherheitsdienst (SD)
("security service") and also a suboffice of the Sicherheitspolizei (SIPO) ("security police").
The Gestapo had the authority to investigate treason, espionage and sabotage cases, and cases of criminal attacks on the Nazi Party and Germany. A law passed by the government in 1936 gave the Gestapo carte blanche to operate without judicial oversight. The Gestapo was specifically exempted from responsibility to administrative courts, where citizens normally could sue the state to conform to laws. As early as 1935, however, a Prussian administrative court had ruled that the Gestapo's actions were not subject to judicial review.[1]
A further law passed later in the year gave the Gestapo responsibility for setting up and administering concentration camps.
The power of the Gestapo most open to misuse was called Schutzhaft - "protective custody", a euphemism for the power to imprison people without judicial proceedings. The person imprisoned even had to sign his or her own Schutzhaftbefehl, an order declaring that the person had requested imprisonment (presumably out of fear of personal harm). In addition, thousands of political prisoners throughout Germany – and from 1941, throughout the occupied territories under the Night and Fog Decree – simply disappeared under Gestapo custody.
Our path in destiny for America is headed toward a head on collision with Germanys 1930-1945 history.
Have we forgotten how the Holocaust came to fruition?
6 million Jews taken, killed, disappereared.
BornFreeMen
Mukasey is a Zionist. Any further explanation is unnecessary.
It amazes me that the citizens of the once great USofA cannot do what their constitution commands them to do. That is to take up arms (that's why you got them remember)and forcibly remove these criminals that have stolen your country and ignored or even removed your constitution as a redundancy. If you need help there are millions of us that would join you, if you have the guts that is?
canuckchuck wrote:
"Because of the Arar case, I am boycotting all things USA, and refuse to enter that evil country to spend my vacation dollars…who knows where a Canadian will wind up once they cross that 49th parallel border into fascism…Syria, Diego Garcia? Cuba?
"I urge every Canadian to do the same."
I haven't been to the States in six years now. This weekend, however, a large group of my American friends whom I haven't seen in all that time, and my daughter whom I haven't seen for over a month, are doing a show in Bellingham. I'm tempted to go. I wouldn't have to spend any money, if I rode down with my kid's friend (he'd gas up here). And I have an Anglo-Saxon name and white skin, so I'm unlikely to be subjected to interrogation, much less renditioned, if we're pulled over for close inspection.
But that's the problem: if my name were Ayesha or Yasmin, or if I'd been born in Syria instead of the UK, I wouldn't even contemplate crossing the 49th for a vaudeville show. Maybe I could do a Q&A session debunking myths about the Canadian health care systems to offset taking advantage of my white Anglo-Saxon privilege ...
Does anyone on this forum believe that if Mukasey was not confirmed that Bush would have proposed someone more acceptable. That is the problem with electing a Corpo-Fascist as president, he gets to pick the entire cabinet, if one of his goons are not confirmed he just selects another just as unacceptable. There is no shortage of corporation executives, they revolve from corporate world to Republican government to lobbyist and back.
Just make a list of what John McCain's cabinet and Supreme Court choices would look like. Enough to make me vomit, might as well bend over and kiss your asses goodbye. I don't care what kind of majority the Dem's have next term in the House and Senate, they and us would get steamrollered.
There is no Dem majority in the Senate, it's a tie with one loose cannon that for all intents and purposes is a Republican, even though he chairs a committee that should be chaired by a Democratic.
.
Mukasey is in the cover-up business. He's not working for the people of the United States. He has repeatedly violated his oath of office.
When Bush, Cheney Gonsales, Yoo, and the rest of the NeoCons are charged with War Crimes, and Human Rights Abuses; then AG Mukasey should be charged with collaboration and cover-up.
Let the International Court at the Hague put these U.S. Officials on Trail.......Let Justice be served !!!!!!!!
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Write congressmen and require a special investigation.
I want to see the people who did this, and authorized all the other tortures we have been (and still likely are practising) punished. I don't care how long it takes.
They have dirtied us all.
And our "democratic" majority Congress went ahead and confirmed this bastard as AG. I remember his confirmation hearings quite clearly, and how he stonewalled the congress on every damned question concerning torture, extradition, executive power, etc. I recall clearly one Senator's question - not sure who asked it, i believe Biden - of Mukasey, asking him if he believed his position as AG was to protect and serve the Executive branch, or the Constitution, and if he understood the difference. Mukasey refused to answer the question directly with a simple answer. And yet, the fucking Dems all voted to confirm him.
Here we are 2 years later: yup, exactly what I expected we'd get. An AG that goes out of his way to NOT serve Contempt warrants on Bush's underlings for defying Congressional subpoenas, refuses to investigate the AG firings, refuses to call water torture "torture," refuses to investigate prisoners renditioned for torture to other countries, etc.
You get what you fucking pay for. You vote Democratic: you get Rethuglican lite.
Like Mukasey said ". . .he did not believe that a special counsel was warranted "at this time."
He's a former federal judge--he knows the jig is up. He's fighting a rear-guard action.
It's going to hit the fan; question is who gets soiled, and will it stick?
As an aside. These comments about Mukasey being a dual American/Israeli citizen.
So what??? Do I detect murmurings of anti-semitism?
I've given up on the gutless congress to do much. Maybe the next congress and/or presidential administration will aggressively prosecute the current administration and send them to jail. When Ford pardoned Nixon, the rule of law for the president and his men went out the window. It sorely needs to be restored.
Why is this a shock?
We all knew that he was a bush loyalist with no concern for America or the position he was appointed to when he "couldn't say" that waterboarding was torture.
Mukasey is a fanatical bush follower. He will say anything, do anything, go to any lengths to cover any wrongdoing from this adminstration. There's no sense getting mad about it. Just know what he is and where he comes from.
Of course he will reject this probe. It should be no surprise.
"Mukasey also asked that Congress, as part of this proposed new law, reaffirm that the United States remains in a state of "armed conflict," and that for the duration of that conflict, the president may detain as "enemy combatants" those who have "engaged in hostilities or purposefully supported Al Qaeda, the Taliban and associated organizations."
"No Democrats on the judiciary panel endorsed Mukasey's call Wednesday for new counterterrorism legislation... Instead, they essentially ignored what the attorney general portrayed as the Justice Department's top priority for his final six months in office."
"What do we expect when Mukasey is a dual Israeli citizen and now a US attorney general."
Mukasey was NY senator Schlemiels favorite for the post of AG and now he decries the abuses of the AG. Senator Schlemiel and Mukasey are just part of the AIPAC fraternity.
Nothing good can come from all this bad press that Israel creates for itself.
You are not surprised, are you?? Mukasey is a dual citizenship Israeli. He was the judge who released the Israeli Mossad agents who were "high-fiving" the attack on the WTC on 11 Sept 2001. These Mossad operatives were here to "document" the event......meaning they KNEW it would happen. WAKE UP, AMERICA!
Because of the Arar case, I am boycotting all things USA, and refuse to enter that evil country to spend my vacation dollars...who knows where a Canadian will wind up once they cross that 49th parallel border into fascism...Syria, Diego Garcia? Cuba?
I urge every Canadian to do the same
"Conyers said Mukasey had continued the "unfortunate tradition" of refusing to appoint a special counsel not only in the Arar case, but also for President George W. Bush's warrantless surveillance program and for the CIA's use of waterboarding for terrorism suspects."
Gee, if their was only SOMETHING that Conyers could do to stop the criminality of the Bush/Cheney Criminal syndicate....but unfortunately the writers of the US Constitution never forsaw the possibility of a criminal president, and left no process to deal with one...:que anguished hand wringing and crockodiles tears:
The lifeblood of washington is crap....
the air they breathe is flautance
the language they speak is feces bovis
with electronic voting machines and rigged polling results we the people are now screwed.
Your votes are being counted electronically by machines programed by corprofacists... even as you read this... The outcome has already been determined...
Talking head kabuki will keep you glued to the exit polls and unexplainable razor thin results will give you the illusion of hope.... But there is no hope....!!!!
Your taxes are already deducted from your paycheck, so you can't withhold something you aint got...!!!
Shut up and go back to your soap opera, you aint gonna, and can't do anything to change the political landscape... Blackwater is taking over the police force in new detroit and they pulled the plug on robo-cop.
You bought into the Amerikan Dream... now wait for the forclosure notice and move your shopping cart into the streets, cause you certainly can't afford gasoline and to the elected few and their contractor cronies, you just another jerk with no job, no home and no vote.
Your undereducated children and grandchildren won't be able to pay off my national debt and will be sold into bondage to support the state...
Freddie Kruger goes to washington....!!!!
Time to flush the old crap out of Congress and give it an infusion of new blood.
Thank you Chuck Shumer and Diane Feinstein, the two most prominent Dems who foisted this piece of judicial mess on the American people, whom they deign to represent, under whom ALL Americans are at risk of rendition without legal protections. The two of you are either naive to a level criminal proportions or complicit in the legal coup of Bush-Chaney known as the Mukasey appointment to succeed Alberto Gonzalez as Attorney General. Only the names have changed. The crimes of cover-up remain the same. Good work guys.
The way the US government is handling the whole case does smack of the usual Israeili solution to wrongdoing: "an investigation is under way" but it never leads to a trial or conviction. Most apparently lead to the nearest wastebasket.
zaz has it exactly tight. The same Democratic senators who now decry Mukasey were solemnly nodding assurances that he would be different than all the other Bush/Cheney sycophants who have paraded through the hallowed halls of the corporatist Congress. Who are these morons trying to kid? Anybody with eyes and a brain larger than a pea knows that the fix was in from the get go. The Democrats are complicit in all the war crimes perpetuated by the tyrants who occupy the White House. Why is the rest of the country fast asleep to what is happening right under their noses?
What do we expect when Mukasey is a dual Israeli citizen and now a US attorney general. Expect much more abuse of our laws.
They KNEW what they were getting when they confirmed mukasey! Not all of us are fools.
The mad ravings of a Fascist sycophant betraying America to please the corporations.
Such treason is a capital crime.
"Sending him to Canada could have posed a threat to our country," Mukasey said, adding that sending him to Syria was "safer."
Hmmm. A neighboring country, cooperating with your country's security apparatus, provides information (later shown to be erroneous) that the guy might have some terrorist links, but it's "safer" to send the guy to a third country that you know has links to those you considered as terrorist organizations?! Interesting logic.
One wonders how many more enemies such actions have succeeded in creating, perhaps even a few in the surrounding neighborhood amongst erstwhile friends. Safer? For whom?
"We will carefully consider the results of these efforts in determining whether any further action is appropriate..."
But we already said, "Who cares what you think. We create reality and the results..."
The outcome is predetermined.
How's that for a scientific method of inquiry??
Sheezzzuuss. The logic is inescapable....