CE Week #10: “An extraordinary injustice” Nov. 6th

Amy Goodman
The Spokesman-Review

“Extraordinary rendition” is White House-speak for kidnapping. Just ask Maher Arar. He’s a Canadian citizen who was “rendered” by the U.S. to Syria, where he was tortured for almost a year. Just this week, the Second U.S. Circuit Court of Appeals, in New York City, dismissed Arar’s case against the government officials (including FBI Director Robert Mueller, former Homeland Security Secretary Tom Ridge and former Attorney General John Ashcroft) who allegedly conspired to have him kidnapped and tortured.

Arar is safe now, recovering in Canada with his family. But the decision sends a signal to the Obama administration that there will be no judicial intervention to halt the cruel excesses of the Bush-era “Global War on Terror,” including extraordinary rendition, torture and the use of the “state secrets privilege” to hide these crimes.

Arar’s life-altering odyssey is one of the best-known and best-investigated of those victimized by U.S. extraordinary rendition. After vacationing with his family in Tunisia, Arar attempted to fly home to Canada. On Sept. 26, 2002, while changing planes at JFK Airport, Arar was pulled aside for questioning. He was fingerprinted and searched by the FBI and the New York Police Department. He asked for a lawyer and was told he had no rights.

He was then taken to another location and subjected to two days of aggressive interrogations, with no access to phone, food or a lawyer. He was asked about his membership with various terrorist groups, about Osama bin Laden, Iraq, Palestine and more. Shackled, he was moved to a maximum-security federal detention center in Brooklyn, strip-searched and threatened with deportation to Syria.

Arar was born in Syria and told his captors that if he returned there, he would be tortured. As Arar’s lawyers would later argue, however, that is exactly what they hoped would happen. Arar was eventually allowed a call – he got through to his mother-in-law, who got him a lawyer – and a visit from a Canadian Consulate official.

For nearly two weeks, the U.S. authorities held the Syria threat over his head. Still, he denied any involvement with terrorism. So in the middle of the night, over a weekend, without normal immigration proceedings – without anyone telling his lawyer or the Canadian Consulate – he was dragged in chains to a private jet contracted by the CIA and flown to Jordan, where he was handed over to the Syrians.

For 10 months and 10 days, Maher was held in a dark, damp, cold cell, measuring 6 feet by 3 feet by 7 feet high, the size of a grave. He was beaten repeatedly with a thick electrical cable all over his body, punched, made to listen to the torture of others, denied food and threatened with electrical shock and an array of more horrors. To stop the torture, he falsely confessed to attending terrorist training in Afghanistan. Then, after nearly a year, he was abruptly released to Canada, 40 pounds lighter and emotionally destroyed.

The Canadian government, under conservative Prime Minister Stephen Harper, investigated, found its own culpability in relaying unreliable information to the FBI and settled with Arar, giving him an apology and $10 million. The U.S. government, on the other hand, has offered no apology and has kept Arar on a terrorist watch list. He is not allowed to enter the U.S. Two years ago, he had to testify before Congress via video conference.

He said: “These past few years have been a nightmare for me. Since my return to Canada, my physical pain has slowly healed, but the cognitive and psychological scars from my ordeal remain with me on a daily basis. I still have nightmares and recurring flashbacks. I am not the same person that I was. I also hope to convey how fragile our human rights have become and how easily they can be taken from us by the same governments that have sworn to protect them.”

Given the excesses of the Bush administration and Barack Obama’s promise of change, it has surprised many that these policies are continuing and that Congress and the courts have not closed this chapter of U.S. history. President Obama has never once condemned extraordinary rendition.

Arar’s lawyer, Maria LaHood, of the Center for Constitutional Rights, calls the court decision against Arar “an outrage.” In his dissent, Judge Guido Calabresi wrote, “I believe that when the history of this distinguished court is written, today’s majority decision will be viewed with dismay.” Given the torture that Arar suffered, his own response was remarkably measured: “If anything, this decision is a loss to all Americans and to the rule of law.”

Amy Goodman hosts a daily international TV and radio news hour called “Democracy Now!” that airs on more than 800 stations in North America. Denis Moynihan contributed research to this column.

CE Week #10: “Partner rights to expand” Nov. 6th

Associated Press

OLYMPIA – Washington voters have approved the state’s new “everything but marriage” law, expanding rights for domestic partners and marking the first time any state’s voters have approved a gay equality measure at the ballot box.

With about 72 percent of the expected vote counted Thursday in unofficial returns, Referendum 71 was leading 52 percent to 48 percent, with a margin of about 60,000 votes.

Sen. Ed Murray, a Seattle Democrat who spearheaded the law, called it “a great step forward for equality in Washington state.”

The measure asked voters to approve or reject the latest expansion of the state’s domestic partnership law, granting registered domestic partners additional state rights previously given only to married couples.

Full-fledged gay marriage is still not allowed under Washington law.

Gary Randall of Protect Marriage Washington, which opposed the law and pushed to get the referendum on the ballot, said they weren’t ready to concede.

“We’re just going to wait and watch it play out,” he said.

Two national gay rights groups – the National Gay and Lesbian Task Force and the Family Equality Council – say that voter approval of such a measure was a first. Gay equality laws in other states, ranging from civil rights to gay marriage, have either been implemented by the courts or legislative process. Voters have rejected gay marriage 31 states, most recently in Maine, where voters repealed a gay marriage law on Tuesday.

“Our state made history today,” said Anne Levinson, chairwoman of Washington Families Standing Together, which fought to keep the law on the books. “This is a day for which we can all look back with pride.”

The expanded law in Washington state adds benefits, such as the right to use sick leave to care for a domestic partner, and rights related to adoption, child custody and child support.

During the campaign, opponents argued the law is a stepping-stone to gay marriage. Gay rights activists countered that while the marriage debate was for another day, same-sex couples need additional legal protections and rights in the meantime.

The law will take effect Dec. 3, according to the secretary of state’s office.

The underlying domestic partnership law, which the Legislature passed in 2007, provided hospital visitation rights, the ability to authorize autopsies and organ donations, and inheritance rights when there is no will.

Last year, lawmakers expanded the law to give domestic partners standing under laws covering probate and trusts, community property and guardianship.

CE Week #10: “Time to end big money influence” Nov. 5th

By Chris Jordan
November 5, 2009

Last week, Senate Majority Leader Harry Reid surprised political observers everywhere with his announcement that the Senate’s health-reform bill would include a public-insurance option.

Despite polls showing strong public support for the proposal, TV pundits declared the public option dead due to a lack of support among moderate democrats.

Why would these democrats be so antsy about an idea that was backed by strong majority of voters? Insurance companies have been fighting the public option tooth-and-nail and have been lining the pockets of politicians in the process.

Take for example, Sen. Max Baucus, chairman of the Finance Committee. He almost single-handedly killed the public option when his influential committee passed a bill replacing it with weaker “co-ops.” Not surprisingly, he has received almost $500,000 in campaign contributions from insurance and other health industry lobbyists and their clients.

Baucus may well be a totally honest guy who simply ignores these hundreds of thousands of dollars when deciding how to vote. It’s possible.

But examples like this help explain Congress’ recent approval rating of 21 percent. While giant corporations shell out millions in lobbying and campaign contributions, average citizens feel ignored. Congressmen and -women, in order to win re-election, spend enormous amounts of time raising money when that time should be spent at town halls getting input from the people they represent.

In order to end special interest dominance of our political process, it’s time Americans consider public financing of federal campaigns.

No existing reform laws have changed the fundamental reality that politicians rely on big donors and spend far too much time raising funds for the next election. One practical solution is the optional Clean Elections system being used in Maine and Arizona.

Under this system, candidates who gather a sufficient number of small contributions from citizens in their district qualify for a grant of public funds to run their campaign. Instead of spending months building connections among wealthy donors, candidates seeking office must go directly to the voters at a grassroots level for support in order to secure funding for their campaigns.

Clean Elections means election outcomes will be increasingly determined by the appeal of a candidate’s message, rather than how much money he or she is able to raise.

One persistent challenge to these sorts of public finance systems has been the Supreme Court. It has ruled that private donations amount to political speech protected by the First Amendment and that “rescue money” provisions are unconstitutional.

Regardless, it’s still possible to set up a public system that is so attractive an option to candidates that it effectively eliminates the incentive for private funding.

Clean Elections has proved to be a successful alternative funding method in Arizona. In 2008, 65 percent of candidates in the state ran as “clean” candidates. While cheaters have occasionally been able to game the system, some tweaks here and there should overcome the issue.

Following the example of Arizona and making improvements over time, Americans should embrace the Clean Elections model as superior to one dominated by the wealthy and special interest groups. Public financing offers great hope of diluting the influence of money in politics and making politicians more connected to their constituents.

Reach columnist Chris Jordan at opinion@dailyuw.com.