(POL) Germany to Pursue Criminal Prosecution of Rumsfeld

[SFL Cat]

hxxp://www.time.com/time/nation/article/0,8599,1557842,00.html

Posted Friday, Nov. 10, 2006
Just days after his resignation, former Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.

The plaintiffs in the case include 11 Iraqis who were prisoners at Abu Ghraib, as well as Mohammad al-Qahtani, a Saudi held at Guantanamo, whom the U.S. has identified as the so-called "20th hijacker" and a would-be participant in the 9/11 hijackings. As TIME first reported in June 2005, Qahtani underwent a "special interrogation plan," personally approved by Rumsfeld, which the U.S. says produced valuable intelligence. But to obtain it, according to the log of his interrogation and government reports, Qahtani was subjected to forced nudity, sexual humiliation, religious humiliation, prolonged stress positions, sleep deprivation and other controversial interrogation techniques.

Lawyers for the plaintiffs say that one of the witnesses who will testify on their behalf is former Brig. Gen. Janis Karpinski, the one-time commander of all U.S. military prisons in Iraq. Karpinski — who the lawyers say will be in Germany next week to publicly address her accusations in the case — has issued a written statement to accompany the legal filing, which says, in part: "It was clear the knowledge and responsibility [for what happened at Abu Ghraib] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld ."

A spokesperson for the Pentagon told TIME there would be no comment since the case has not yet been filed.

Along with Rumsfeld, Gonzales and Tenet, the other defendants in the case are Undersecretary of Defense for Intelligence Stephen Cambone; former assistant attorney general Jay Bybee; former deputy assisant attorney general John Yoo; General Counsel for the Department of Defense William James Haynes II; and David S. Addington, Vice President Dick Cheney's chief of staff. Senior military officers named in the filing are General Ricardo Sanchez, the former top Army official in Iraq; Gen. Geoffrey Miller, the former commander of Guantanamo; senior Iraq commander, Major General Walter Wojdakowski; and Col. Thomas Pappas, the one-time head of military intelligence at Abu Ghraib.

Germany was chosen for the court filing because German law provides "universal jurisdiction" allowing for the prosecution of war crimes and related offenses that take place anywhere in the world. Indeed, a similar, but narrower, legal action was brought in Germany in 2004, which also sought the prosecution of Rumsfeld. The case provoked an angry response from Pentagon, and Rumsfeld himself was reportedly upset. Rumsfeld's spokesman at the time, Lawrence DiRita, called the case a "a big, big problem." U.S. officials made clear the case could adversely impact U.S.-Germany relations, and Rumsfeld indicated he would not attend a major security conference in Munich, where he was scheduled to be the keynote speaker, unless Germany disposed of the case. The day before the conference, a German prosecutor announced he would not pursue the matter, saying there was no indication that U.S. authorities and courts would not deal with allegations in the complaint.

In bringing the new case, however, the plaintiffs argue that circumstances have changed in two important ways. Rumsfeld's resignation, they say, means that the former Defense Secretary will lose the legal immunity usually accorded high government officials. Moreover, the plaintiffs argue that the German prosecutor's reasoning for rejecting the previous case — that U.S. authorities were dealing with the issue — has been proven wrong.

"The utter and complete failure of U.S. authorities to take any action to investigate high-level involvement in the torture program could not be clearer," says Michael Ratner, president of the Center for Constitutional Rights, a U.S.-based non-profit helping to bring the legal action in Germany. He also notes that the Military Commissions Act, a law passed by Congress earlier this year, effectively blocks prosecution in the U.S. of those involved in detention and interrogation abuses of foreigners held abroad in American custody going to back to Sept. 11, 2001. As a result, Ratner contends, the legal arguments underlying the German prosecutor's previous inaction no longer hold up.

Whatever the legal merits of the case, it is the latest example of efforts in Western Europe by critics of U.S. tactics in the war on terror to call those involved to account in court. In Germany, investigations are under way in parliament concerning cooperation between the CIA and German intelligence on rendition — the kidnapping of suspected terrorists and their removal to third countries for interrogation. Other legal inquiries involving rendition are under way in both Italy and Spain.

U.S. officials have long feared that legal proceedings against "war criminals" could be used to settle political scores. In 1998, for example, former Chilean dictator Augusto Pinochet — whose military coup was supported by the Nixon administration — was arrested in the U.K. and held for 16 months in an extradition battle led by a Spanish magistrate seeking to charge him with war crimes. He was ultimately released and returned to Chile. More recently, a Belgian court tried to bring charges against then Israeli Prime Minister Ariel Sharon for alleged crimes against Palestinians.

For its part, the Bush Administration has rejected adherence to the International Criminal Court (ICC) on grounds that it could be used to unjustly prosecute U.S. officials. The ICC is the first permanent tribunal established to prosecute war crimes, genocide and other crimes against humanity.

[Leonidas]

Good luck to them on that. If Woodward is to be believed in State of Denial (and I have no reason to doubt him actually having personally dealt with some of the players involved and seeing the book is consistent with what I know of those folks) Rumsfield rarely put his signature on anything. Perhaps his greatest talent was in his ability to remove himself from culpability in anything. The man is absolutely brilliant at directing other people to assume responsibility for his decisions.

[Ksyrup]

Can someone give me a primer on German law? This article seems to suggest that civil "plaintiffs" have the right/ability to file criminal pleadings through prosecutors. Either this article is confusing and this is essentially the filing a criminal complaint with the German equivalent to a district/state/US attorney, who determines whether to prosecute, or their system is fucked up.

[SFL Cat]

If I were Rummy, I'd send Germany the middle finger salute.

As for al-Qahtani, he should feel lucky he missed his plane.

[Crapshoot]

Its a civilian case - not lead by Germany. Nonetheless, one wouldn't expect you to get the facts right.

Secondly, US law has a similar thing for suing foreigners - a tidbit I picked up from the National Review. I'm sure you'll be objecting voraciously to that any day now.

[Ksyrup]

Originally Posted by Crapshoot

Its a civilian case - not lead by Germany. Nonetheless, one wouldn't expect you to get the facts right.

Secondly, US law has a similar thing for suing foreigners - a tidbit I picked up from the National Review. I'm sure you'll be objecting voraciously to that any day now.

First of all, I'm not sure I understand the attitude, but this is what I'm referring to from the article:

"New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld..."

"The plaintiffs in the case include..."


My comments had nothing whatsoever to do with the politics of the case, but rather the procedure. So take your attitude and shove it up your ass.

[MIJB#19]

And when does the Bush administration realize that the international criminal court is there to let justice rule over the scum of the world? The message the Bush admind. sends out is one of being over-confident that they're doing so much wrong that they will be found guilty of breaking international laws. What happened to the good old 'if you have nothing to hide, you don't have to fear anything' argument the Bush administration loves to use?

As soon as the Bush administration admits that the USA invaded Iraq to get rid of Saddamn's genocide actions, nobody cares about Rumsfeld's yet to be found WMS.

[John Galt]

Originally Posted by Ksyrup

My comments had nothing whatsoever to do with the politics of the case, but rather the procedure. So take your attitude and shove it up your ass.

I think Crapshoot's comment may have been directed at SFL Cat, but I could be mistaken.

[Ksyrup]

Originally Posted by John Galt

I think Crapshoot's comment may have been directed at SFL Cat, but I could be mistaken.

I wa the one who brought up the civil/criminal thing, so I think it's directed at me.

[JonInMiddleGA]

Originally Posted by SFL Cat

I'd send Germany the middle finger salute.

In stereo no less.

[ISiddiqui]

Originally Posted by Ksyrup

I wa the one who brought up the civil/criminal thing, so I think it's directed at me.

It sounded like it was toward SFL Cat, since he was assuming it was the government. It seems like a civil complaint that the prosecutor has to file? There were definate references to plaintiffs.

[Ksyrup]

In any event, I didn't think any of the above posts called for the reaction he gave. And my question still remains - the article makes it clear that whatever kind of case this is, it is being filed with German prosecutors seeking a criminal prosecution. How do you have plaintiffs involved in a criminal matter?

[John Galt]

Originally Posted by Ksyrup

In any event, I didn't think any of the above posts called for the reaction he gave. And my question still remains - the article makes it clear that whatever kind of case this is, it is being filed with German prosecutors seeking a criminal prosecution. How do you have plaintiffs involved in a criminal matter?

I think Crapshoot was basing his reaction on SFL Cat's history of being very troll-like in political threads, but again I could be wrong.

As for Germany, I've never really understood there legal system, but wiki has this explanation: http://en.wikipedia.org/wiki/B%C3%BC...hes_Gesetzbuch.

[Ksyrup]

I don't participate in enough political threads to know who's a troll and who's not. I was more interested in the story from a news standpoint and got hung up on the procedural issue. I'm not sure I'd call posting a news article with no commentary trolling, though.

[Crapshoot]

Err, it was towards SFL Cat - not you Ksyrup. It wasn't a case endorsed by the authorities, but rather one filed by a group of plaintiffs.

[Crapshoot]

Originally Posted by Ksyrup

In any event, I didn't think any of the above posts called for the reaction he gave. And my question still remains - the article makes it clear that whatever kind of case this is, it is being filed with German prosecutors seeking a criminal prosecution. How do you have plaintiffs involved in a criminal matter?

Sorry, to clarify - my understanding is that much like one ask for charges to be filed against an abusing husband or what not, the German law apparently allows civilians to ask for a charge to be filed. The fact remains, it does not appear to have been authorized by the German attitudes.

As for my stance, I've seen SFL post about 15 political threads in the past 3 days essentially telling us that this is the second coming of Soddam and Gommarah - it gets irritating.

[panerd]

Originally Posted by Ksyrup

I don't participate in enough political threads to know who's a troll and who's not. I was more interested in the story from a news standpoint and got hung up on the procedural issue. I'm not sure I'd call posting a news article with no commentary trolling, though.

I tend to shy away from them also (or at least posting in them) but from the ones I have read there are about 3 idiot/trolls on each side of any disscusion and SFL Cat is definitely one of them. I am pretty sure that Crapshoot has had to deal with him on other occasions and was just telling him to shut the hell up.

While people like JIMga and Bubba Wheels may get the label of being troublemakers, even if you disagree with them they tend to have some supporting evidence behind their arguments. SFL Cat's ideas are usually those that a 6th grade English teacher would give an F to for being completly illogical.

[Ksyrup]

Originally Posted by Crapshoot

Sorry, to clarify - my understanding is that much like one ask for charges to be filed against an abusing husband or what not, the German law apparently allows civilians to ask for a charge to be filed. The fact remains, it does not appear to have been authorized by the German attitudes.

As for my stance, I've seen SFL post about 15 political threads in the past 3 days essentially telling us that this is the second coming of Soddam and Gommarah - it gets irritating.

Yeah, I had no backstory on this and assumed it was directed at me. Sorry.

What's strange about the German law is that, even under the husband scenario you mention in the US, it's still the state that would bring the charges upon the filing of a complaint. There is no civil "plaintiff" in a US criminal case. Bizarre.

[SFL Cat]

Originally Posted by John Galt

I think Crapshoot was basing his reaction on SFL Cat's history of being very troll-like in political threads, but again I could be wrong.

you the pot or kettle?

[SFL Cat]

Originally Posted by Crapshoot

As for my stance, I've seen SFL post about 15 political threads in the past 3 days essentially telling us that this is the second coming of Soddam and Gommarah - it gets irritating.

Well, after reading all your political bitching and sniping over the past several years, I guess payback is a bit of a bitch.

[Klinglerware]

Would the second coming of Sodom and Gommorah really be such a bad thing?

[SFL Cat]

Originally Posted by Klinglerware

Would the second coming of Sodom and Gommorah really be such a bad thing?

Guess it depends on which way you swing...and whether or not it comes with the fire and brimstone.

[JPhillips]

Sodom was a lot of fun, but I couldn't find a decent hotel or restaurant in all of Gomorrah. Overrated if you ask me.

[Klinglerware]

Originally Posted by JPhillips

Sodom was a lot of fun, but I couldn't find a decent hotel or restaurant in all of Gomorrah. Overrated if you ask me.

No, I think Gomorrah got the shaft (if you will). I suspect bigger and better things could have happened for the city, if people could only pronounce "Gomorrah-y"...

[cartman]

I heard that Rumsfeld cancelled his Rhein boat tour. I guess he'll just have to hang out at the ole' 14,000 acre homestead in Taos.

[Anthony]

Originally Posted by SFL Cat

you the pot or kettle?

i am the WALRUS!