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Chicoms Finally Confess About Korea POW/MIAs

Graymail at Guantanamo

 John McCain: Dr. Jekyll or Mr. Hyde?

John McCain and the Queen of Diamonds

Straight Talk About the Straight Talker 

No Way, Jose

Insubordination at Guantanamo

Savaging CAIR

Archangel 1918 to Hanoi 1972 (For this article only, (CLICK HERE)

The Mortician is Dead

Hillary Clinton: Immoral or Amoral?

Mukasey and the Tea Leaves 

When Harry [Reid] Met [Axis] Sally

Criminal Negligence at Virginia Tech

A Call To Arms (Part I)

A Call to Arms (Part II)

National Identify Card

President Bush Has The Constitutional Power To Attack Iran

 From Condoms to Abortions: Griswold and Roe

 “24”s Jack Bauer KOd by CAIR

 Testing for Citizenship

F**K the Draft (2006)

Conservatives to Spike the Supreme Court?

Is Bad Food At Guantanamo "Cruel and Unusual Punishment"?

December 7, 1941, and September 11, 2001

General Giap and Congressman Murtha

John McCain Has Finally Broken the Camel's Back

Missing: The Citizenship Reform Act

Elian's Painful Anniversary

The Academy: America's Sixth Column

The Greater Generalization

Boycotts and the Left: Sauce for the Goose

Court Upholds Clinton's Broken Promise to Veterans

Elian and the Administrative State

Senate Dems Graymail Estrada Nomination

F*** the Draft (2004)

Slim Chance for Saudis' American Hostages

J'Accuse

The Nomination of Justice Brown: What is the Left Afraid Of?

Leniency and the Military

Fifty Lesson Learned

McCain Should Know Better

McCain, Torture, and Political Correctness

Pot and the Constitution

Red Star Over Hollywood (review)

Sodomy, "Privacy," and Federalism

The Acchiles Heel of Reparations Lawsuits

Truman's Loss is Bush's Gain: Attacking Iraq Without a Declaration of War

Whoever's First, the Snipers Will Die

Turf Battle Over Snipers Doesn't Matt

"The Director Made Me Do It": The "Winona" Defense 

Summer  Reading 2006:  Of Race, Radicals, and Rights

Hillary Clinton, Sandy Berger, and a Lack of Scruples

 

Chicoms Finally Confess About Korea POW/MIAs

 

Because of headline stories last week about high school pregnancies and the latest immaturities of movie stars, a shocking wire service report came and went with little notice. 

 

For the last half-century the Chinese Communists have adamantly asserted that at the conclusion of the Korean War no open POW/MIA issues remained.  According to the Chinese, no American prisoners were transported to China, either to remain there or to be transshipped elsewhere, principally to the Soviet Union.  China held no American POW/MIAs, nor knew anything about other countries that might have been holding them.

 

Many in and out of our government knew that the Chicoms were lying, not least because of the Communists’ history in dealing with enemy captives.  (For an extensive article on this subject, see www.henrymarkholzer.com, articles, miscellaneous, “Archangel 1918 to Hanoi 1972.”)

 

During the Twentieth Century the United States overtly fought international communism three times, on battlefields from the frozen wastes of Siberia, to the harsh mountains of Korea, to the steaming jungles of Vietnam—and after each those conflicts we never recovered thousands of American POWs and MIAs. 

 

We fought communists covertly during World War II when they were our allies, and later in the “Cold War” when they were not—and then, too, the United States suffered the loss of countless POWs and MIAs.

 

As infamous as were all these losses of American military personnel, the most despicable  abuse of POW/MIAs was the Communists’ horrific treatment of our men during the Korean War, followed by the non-repatriation by the Chinese of thousands of POW/MIAs after the armistice that ended the fighting in 1953.  (See www.henrymarkholzer.com, cited above.)

According to a government report, “[o]n June 17, 1955, almost two years after the end of operation “Big Switch,” [repatriation of unwounded POWs], the Office of the Secretary of Defense, issued an internal report titled, “Recovery of Unrepatriated Prisoners of War.” The report admitted that:

After the official repatriation efforts were completed, the U.N. Command found that it still had slightly less than 1000 U.S. P[O]Ws (not MIAs!) “unaccounted for” by the Communists.

At the time of the official repatriation, some of our [returnees] stated they had been informed by the Communists that they (the Communists) were holding “some” U.S. flyers as “political prisoners” rather than as prisoners of war and that these people would have to be “negotiated for” through political or diplomatic channels. Due to the fact that we did not recognize the red regime in China, no political or diplomatic negotiations were instituted, although [the] State [Department] did have some exploratory discussions with the British in an attempt to get at the problem.

The situation was relatively dormant when, in late November 1954, the Peking radio announced that 13 of these “political prisoners” had been sentenced for “spying.” This announcement caused a public uproar and a demand from U.S. citizens, Congressional leaders and organizations for action to effect their release.  (My emphasis.)

The sentenced U.S. “political prisoners,” according to the report, were not the only American servicemen the Chinese held after the Korean War. The New York Times reported that:

Communist China is holding prisoner other United States Air Force personnel who were recently sentenced on spying charges following their capture during the Korean War. This information was brought out of China by Squadron Leader Andrew R. MacKenzie, a Canadian flier who was released today by the Chinese at the Hong Kong border. He reached freedom here two years to the day after he was shot down and fell into Chinese hands in North Korea . . . Held back from the Korean War prisoner exchange, he was released by the Peiping [sic] regime following a period of negotiations through diplomatic channels . . . .  Wing Comdr. Donald Skene, his brother-in-law who was sent here from Canada to meet him, said guardedly at a press conference later that an undisclosed number of United States airmen had been in the same camp with Squadron Leader MacKenzie . . . .   Wing Commander Skene said none of the Americans in the camp was on the list of eleven whose sentencing was announced by the Chinese November 23, 1954.  (My emphasis.)

In its June 19, 2000 issue, Newsweek magazine published an article about American POWs, claiming that “hundreds” may have been kept against their will.  “After the collapse of the Soviet Union,” according to Newsweek “the Kremlin’s archives yielded an extraordinary exchange of telegrams among Joseph Stalin, Zhou Enlai [the Chinese Communist foreign minister] and the North Korean strongman Kim Il Sung, father of the current leader.  Toward the end of the war, the Chinese suggested that if American prisoners were to be repatriated, ‘at least 20 percent should be held back.’  Mao thought he could use the prisoners as political pawns in support of his efforts to win a U.N. seat and diplomatic recognition from Washington.”  (My emphasis.)

 

Among those who unquestionably had been held back was U.S. Army Corporal Roger Armand Dumas, then age 22.  Newsweek wrote: “A POW since November 1950 [when the Chinese poured across the Yalu River], he was brought to a repatriation point along the front line.  Then, as other American prisoners were being handed over, eyewitnesses saw two Chinese guards lead Dumas away.  There’s been no sign of him since [some forty-seven years later].”

 

Newsweek continued: “There may have been an even more sinister use for the prisoners.  Jan Sejna, a Czech general who defected to the United States in 1968, told Pentagon investigators he had been personally involved in a Soviet project that conducted medical experiments on American prisoners at a secret hospital in North Korea.  Testifying before Congress in 1996, Sejna said as many as 100 ‘human guinea pigs’ were later shipped to the Soviet Union for more tests.  Others, he said, were killed and cremated in North Korea.”  (My emphasis.)

In addition to Sejna’s knowledgeable testimony, considerable anecdotal evidence exists of American military personnel withheld after the Korea War by the North Koreans, Chinese, and Soviets.

For example, in the vicinity of Krasnoyarsk, according to “The Gulag Study,” “A cleaning lady in the camp made a list of 22 names of citizens of the USA who were in the camp . . .  during the winter of 1951 to 1952. She was able to take a pencil to the Americans and have them record their names and addresses on pieces of newspaper. She smuggled these pieces out of the camp, put them in a can and buried them. Many names on the list match those of missing service members from the Korean War.”  (My emphasis.)

 

As reported in “The Gulag Study,” the following are several different reports, from different years, from different places, referring to the same specifically identified United States Army officer.

 

On 15 October 1957, a Polish witness visited the American Consulate in Strasbourg, France. He stated he was held in a prison camp in Bulun until July 1957 and reported seeing the following Americans: Dick Rozbicki, an American soldier captured during the Korean War.

 

On September 20, 1957, two Polish witnesses visited the American Consulate in Genoa, Italy. Both men claimed to have been WWII POWs held captive in Bulun Camp 217.  They reported that two men, who claimed to be American army officers captured during the Korean War, had been transferred to Bulun Camp 217 from another camp on July 24, 1955.  The men were: Stanley Rosbicki, approximately 24 years old, of Buffalo, New York and Jack Watson, 38 or 39, of Philadelphia, Pennsylvania. Both were infantry lieutenants.

 

A Catholic priest visited the U.S. Embassy in Paris on July 11, 1958 to report an interview he had recently conducted with a former Polish Gulag prisoner. He claimed to have been acquainted with . . . a lieutenant, Stanley Rosbicki, from New York.

 

On September 5, 1960, a Polish witness visited the American Embassy, Brussels, Belgium. He stated he had been imprisoned in Bulun Camp 307 for seven and a half years and was released on May 1, 1960. He reported seeing two U.S.Army personnel captured in Korea: Ted Watson, an infantry lieutenant, and Fred Rosbiki, a commando or paratroop sergeant.  (My emphasis.)

 

Although many of us have never entertained any doubt that American POW/MIAs were not repatriated by the Chicoms in 1953, but instead vanished into the oblivion of North Korean, Chinese, and Soviet prison camps and “medical” facilities, a little known Communist intelligence operation during that conflict provides additional proof.

 

A forty-two page Working Paper of the Joint Commission Support Branch, Research and Analysis Division, DMPM (Defense Prisoner-of-War and Missing Personnel Office of the Pentagon) dated 26 August 1993 contains this Executive Summary:

U.S. Korean War POWs were transferred to the Soviet Union and never repatriated.  (Emphasis in original.)

This transfer was a highly secret MGB [KGB] program approved by the inner circle of the Stalinist dictatorship.

The rationale for taking selected prisoners to the USSR was:

To exploit and counter U.S. aircraft technologies;

To use them for general intelligence purposes;

It is possible that Stalin, given his positive experience with Axis [German, Italian, Japanese] POWs, viewed U.S. POWs as potentially lucrative hostages.

The range of eyewitness testimony as to the presence of U.S. Korean War POWs in the GULAG is so broad and convincing that we cannot dismiss it.

The Soviet 64th. Fighter Aviation Corps which supported the North Korean and Chinese forces in the Korean War had an important intelligence collection mission that included the collection, selection and interrogation of POWs.

A General Staff-based analytical group was assigned to the Far East Military district and conducted extensive interrogations of U.S. and other U.N. POWs in Khabarovsk. This was confirmed by a distinguished retired Soviet officer, Colonel Gavriil Korotkov, who participated in this operation. No prisoners were repatriated who related such an experience.

Prisoners were moved by various modes of transportation. Large shipments moved through Manchouli and Pos'yet.

Khabarovsk was the hub of a major interrogation operation directed against U.N. POWs from Korea. Khabarovsk was also a temporary holding and transshipment point for U.S. POWs. The MGB controlled these prisoners, but the GRU [military intelligence] was allowed to interrogate them.

Irkutsk and Novosibirsk were trans-shipment points, but the Komi ASSR and Perm Oblast were the final destinations of many POWs. Other camps where American POWs were held were in the Bashkir ASSR, the Kemerovo and Archangelsk Oblasts, and the Komi-Permyatskiy and Taymyskiy National Okrugs.

POW transfers also included thousands of South Koreans, a fact confirmed by the Soviet general officer, Kan San Kho, who served as the Deputy Chief of the North Korean MVD.

The most highly-sought-after POWs for exploitation were F-86 pilots and other knowledgeable of new technologies.

Living U.S. witnesses have testified that captured U.S. pilots were, on occasion, taken directly to Soviet-staffed interrogation centers. A former Chinese officer stated that he turned U.S. pilot POWs directly over to the Soviets as a matter of policy.

Missing F-86 pilots, whose captivity was never acknowledged by the Communists in Korea, were identified in recent interviews with former Soviet intelligence officers who served in Korea. Captured F-86 aircraft were taken to at least three Moscow aircraft design bureaus for exploitation. Pilots accompanied the aircraft to enrich and accelerate the exploitation process.  (My emphasis.)

Why, one may ask, why were the Soviets so interested in the F-86?

The Working Paper provides the answer:

The First Modern Air War. One of the worst-kept secrets of the Cold War was the head-to-head clash in Korea between the two former Allies of World War II, the Soviet Union and the United States. * ** The Korean War was the first modern air war and was characterized by an entirely new technology that was electronics intensive and depended not only on the keen wits and high mastery of the pilots flying the jet combat aircraft but on a host of advanced support activities such as air-intercept radar and airborne reconnaissance.

The Technology Gap. This was the backdrop for an even more insidious form of warfare. The Soviet Union cloaked its participation in the Korean War partly to conceal its urgent need to bridge the technological gap with the West, which was widening geometrically even then. Based upon a precedent repeatedly acknowledged by senior Soviet officers, which began with the wholesale reverse engineering of the Massey-Ferguson tractor by the State Automobile Factory in the 1930s, the Willys Jeep in the 1940s, and a variety of propeller technology aircraft during World War II, the Soviets sought to avert the inevitable by systemized theft of design.

*          *          *

The air-focused Soviet priorities are perhaps best summed up by the comment of retired Colonel Aleksandr Semyonovich Orlov, a veteran of the 64th [Soviet Fighter Aviation Corps], and the chief . . . of intelligence for one of its divisions. He casually dismissed the significance of ground forces personnel with the comment that he knew more about the operations of the American infantry battalion that a U. S. Army captain would. Orlov, himself a captain at the time of the Korean War, then described in painstaking details Soviet intelligence collection requirements which were focused on aircraft technical parameters.

*          *          *

A Special Air Force Unit. According to Dr. Paul Cole's interview with General Lobov, a special Soviet Air Force unit was organized and deployed, under the command of General Blagoveshchenskii, with the mission to capture F-86 pilots. Its mission was to force down Sabre jets in order to capture the pilots alive. The unit was composed of flyers from units in Mary, in the Turkmen SSR, and from the Primorskii Krai along the Pacific coast. Nine expert pilots were assigned to this mission, each of whom was required to sign a secrecy statement.

In light of the F-86 project alone, it is unarguable that American POW/MIAs were shipped to China, either as the end destination itself, or in transshipment to other Communist countries, especially the Soviet Union.

Indeed, General Mark W. Clark, Commander of U.N. forces during the final stages of the Korean War, was quoted in 1954 as stating categorically that “we had solid evidence” that POW/MIAs were withheld by the Chinese and North Koreans when the armistice was signed.

Besides Clark, countless American officials knew that many of our POW/MIAs had been shipped through China to the Soviet Union.  For example, a March 16, 1954 report from our Air Liaison Office in Hong Kong to the U.S. Air Force G2 in Washington stated that:

This office has interviewed refugee source who states he observed hundreds of prisoners of war in American uniforms being sent into Siberia in late 1951 and 1952. Observations were made at Manchouli (Lupin), 49 degrees 50'-117 degrees 30' Manchuria Road Map, AMSL 201 First Edition, on USSR-Manchurian border. Source observed POWs on railway station platform loading into trains for movement into Siberia. In railway restaurant source closely observed three POWs who were under guard and were conversing in English. POWs wore sleeve insignia which indicated POWs were Air Force noncommissioned officers. Source states that there were a great number of Negroes among POW shipments and also states that at no time later were any POWs observed returning from Siberia. Source does not wish to be identified for fear of reprisals against friends in Manchuria, however is willing to cooperate in answering further questions and will be available Hong Kong for questioning for the next four days.

Upon receipt of this information, USAF, Washington, requested elaboration of the following points:

1.Description of uniforms or clothing worn by POWs including ornaments.

2. Physical condition of POWs.

3. Nationality of guards.

4. Specific dates of observations.

5. Destination in Siberia.

6. Presence of Russians in uniform or civilian clothing accompanying movement  
    of POWs.

7.  Complete description of three POWs specifically mentioned.

The Air Liaison Office complied by submitting the telegram quoted below.

FROM USAIRLOSGN LACKEY. CITEC4. REUR 53737 following answers submitted to seven questions.

(1) POWs wore OD outer clothing described as not heavy inasmuch as weather considered early spring. Source identified from pictures service jacket, field, M1943. No belongings except canteen. No ornaments observed.

(2) Condition appeared good, no wounded all ambulatory.

(3) Station divided into two sections with tracks on each side of loading platform. On Chinese side POWs accompanied by Chinese guards.  POWs passed through gate bisecting platform to Russian train manned and operated by Russians. Russian trainmen wore dark blue or black tunic with silver colored shoulder boards.  Source says this regular train uniform but he knows the trainmen are military wearing regular train uniforms.

(4) Interrogation with aid of more fluent interpreter reveals source first observed POWs in railroad station in spring 1951.  Second observation was outside city of Manchouli about three months later with POW train headed towards station where he observed POW transfer.  Source was impressed with second observation because of large number of Negroes among POWs.  Source states job was numbering railroad cars at Manchouli every time subsequent POW shipments passed through Manchouli.  Source says these shipments were reported often and occurred when United Nation forces in Korea were on the offensive.

(5) Unknown.

(6) Only Russian accompanying POWs were those who manned train.

(7) Three POWs observed in Station restaurant appeared to be 30 or 35.  Source identified Air Force non-commissioned officer sleeve insignia of Staff Sergeant rank, stated that several inches above insignia there was a propeller but says that all three did not have propeller. Three POWs accompanied by Chinese guard. POWs appeared thin but in good health and spirits, were being given what source described as good food.  POWs were talking in English but did not converse with guard.  Further information as to number of POWs observed source states that first observation filled a seven passenger car train and second observation about the same.  Source continues to emphasize the number of Negro troops, which evidently impressed him because he had seen so few Negroes before.

Comment Reporting Officer: Source is very careful not to exaggerate information and is positive of identification of American POWs.  In view of information contained in Charity Interrogation Report No.619 dated 5 February 54, Reporting Officer gives above information rating of F-2.  Source departing Hong Kong today by ship.  Future address on file this office.

Years later, authors Rochester and Kiley would write in Honor Bound, American Prisoners of War in Southeast Asia 1961-1973, that “[a]s late as 1970, U.S. representatives would still be lamenting the lack of Chinese cooperation in resolving the cases of some 389 missing Americans whose fate remained uncertain [approximately] 20 years after the Korean armistice.”

Yet, despite all this and substantially more intelligence information that American POW/MIAs were held in, and transshipped from, China, for more than half a century the Chinese Communists denied, denied, denied.

Until five years ago—although the information was not public until last week.

 

At a March 2003 meeting in Beijing, the Chinese told Pentagon officials that in classified archives they had somehow come across “a complete record of 9-10 pages” of what had happened to POW United States Army Sergeant Richard G. Desaultels.  (Although the information was given to Desaultels’s brother, he disbelieved the Chinese and kept it to himself until now.)

 

That record apparently shows that after being captured Sgt. Desaultels was taken from North Korea to China—actually to Mukden (now Shenyang), far from the North Korea-China border—where he died and was buried.

 

The importance of this revelation cannot be understated even though it concerns only one American serviceman, because it is finally a confession from the Dragon’s own forked tongue. 

 

If United States Army Sergeant Richard G. Desaultels, admittedly, was shipped to Communist China, what then of the many others?

 

Perhaps some American officials can take time off from the forthcoming Olympics in Beijing, and try to find out.

  

 

  

Graymail at Guantanamo

Beginning at least in 1993 when the World Trade Center was bombed, there has been a large constituency in the United States for the proposition that Islamic killers were not part of a worldwide terrorist conspiracy aimed at the destruction of our country but merely another kind of criminal to be dealt with as part of, or at least with the tools of, the American judicial system.

Counterpoint has been the view, ascendant in the early Bush Department of Justice, that neither domestic criminal law nor Geneva Conventions are applicable to Islamic terrorists, who are illegal enemy combatants and should be dealt with accordingly.

 

Unfortunately, this conflict has not yet been definitively resolved.

 

For example, as David B. Rifkin, Jr. and Lee A. Casey have written recently in the Wall Street Journal, “in a series of cases . . . the U.S. Supreme Court has upheld many [administration] positions: that the country is engaged in an armed conflict; that captured enemy combatants can be detained without criminal trial during those hostilities; and that (when the time comes) they may be punished through the military, rather than the civilian, justice system.”

 

Fine.  But on the other hand, the “criminal law” mindset has been responsible for one battle after another that the Bush Administration has to fight in its efforts to deal with al-Qaeda terrorism.  Examples abound: the Patriot Act, warrantless communications monitoring, rendition, harsh interrogation, military commissions, secret prisons, judicial review.  The Supreme Court has ruled that Guantanamo prisoners have a (constitutional?) right to challenge their status as enemy combatants in an administrative hearing and to some sort of “due process.”

 

Unfortunately, the “terrorist” versus “criminal” conflict persists, as a ruling last week at Guantanamo dangerously demonstrates. 

 

The ruling involved bin Laden chauffer-bodyguard Salim Ahmed Hamdan who, with the aid of American lawyers, was responsible a few years ago for inducing the Supreme Court, albeit narrowly, to invalidate the Bush-created military commissions.

Hamdan and his lawyers are now playing, and so far succeeding at, the reprehensible game of “graymail” a “damned-if-you-do, damned-if-you-don’t" litigation tactic.  It consists of making a request of one’s adversary for witness interviews and documentary material that he does not want to, or can not, provide.  “Graymail” is a shoddy ploy typically used by lawyers, especially those who represent criminal defendants, and by chairmen of democrat-controlled committees in Congress.

For example, in the case of Bush nominee Miguel Estrada to a federal appeals court, Senate democrats employed the graymail tactic by seeking confidential documents generated by Estrada while serving as a lawyer in the Solicitor General’s office of the Department of Justice—documents having little or no relevance to decisions that would be made by a federal court of appeals judge who takes a solemn oath to uphold the Constitution and laws of the United States.

The dilemma in the Estrada case for the Executive Branch, and the weapon the democrats’ demand gave them, was this: Either the Department of Justice complied with the Senate democrats’ demand, thus handing them a veritable can of red herring documents they could then use to manufacture yet more excuses to impugn Estrada’s ideological fitness to serve on the DC Circuit, or the government refused to hand over the confidential documents, thus enabling the democrats to complain loudly, as they did, that Estrada and his administration supporters had something to hide.

Graymail has often been used in national security cases, where in the “discovery” stage of the proceedings the defense seeks highly sensitive information so that the government is impaled on the horns of a dilemma: comply with the request, and risk compromising important secrets (which the government is understandably unwilling to do), or refuse to comply, and risk dismissal of the case (which the government certainly doesn’t want). There are countless examples, among them the case of the Los Alamos lab’s Wen Ho Lee and various criminal cases involving rogue FBI, NSA, and CIA agents.

Now, we can expect graymail to become a staple of proceedings against enemy combatants at military tribunal proceedings in Guantanamo.

On February 7, 2008, Hamdan’s lawyers appeared before military judge Navy Captain (Army and Marine Corp rank: Colonel) Keith Allred. 

According to an Army report of the proceedings, the defense asked Allred

to compel the prosecution to turn over records of Hamdan’s confinement in Afghanistan during the period proceeding 2002 before he was detained in Guantanamo Bay.  “The prosecution seemed to have no record of the interrogation SOP’s [Standard Operating Procedures] in place during Hamdan’s detainment . . .  they have no record of detainee treatment . . . no record of guards’ instruction . . . no records of what camp Hamdan was in during that period,” Charles Swift, lead defense attorney, said. Chief Prosecutor Army Col. Larry Morris stated that, “The missing 2002 records are local detention records that deal with issues of confinement such as diet, exercise, hygiene and the location of the detainee. Prosecutors are confident that every statement made by Mr. Hamdan and every interrogation record was turned over to the defense at least a year ago.”  Defense Counsel Harry Schneider also requested access to high value detainees and individuals who were present during Hamdan’s interrogation shortly after his capture in Afghanistan. Prosecutors argued that since the video memorialized the circumstances of how Hamdan was interrogated, producing the individuals involved in the interrogation was unnecessary. However, the prosecution agreed to provide access to a linguist who was present during the interrogation that the prosecution planned to call as a witness during trial. Although the defense plans to meet with this witness, Swift still claimed that the prosecution’s failure to offer others involved in the interrogation prevents the defense from checking the veracity of other witnesses.  The defense presented a similar argument in their request to meet with high-value detainees being held in detention facilities here who they believe could prove that Hamdan was not involved in terrorist activities while employed as bin Laden’s driver. “The prosecution has taken the position that the high-value detainees that Mr. Hamdan is accused of conspiring with have nothing valuable to say, but we expect them to deny that Hamdan was a member of al-Qaida,” said Swift. “We are hopeful that the judge will give us access to these high-value detainees.”  During a press conference, Swift said the prosecution’s failure to produce particular documents prevents them from properly filing motions and adequately preparing their case. However, Army Col. Larry Morris, chief prosecutor, said the prosecution has done what the law requires, which is to provide all requested evidence that is material and relevant to the defense’s case.”  (My emphasis.)

Observe what is going on here.  Hamdan, an enemy combatant—not a prisoner of war and not a domestic criminal defendant—is charged in a military tribunal with being an al Qaeda operative who was close to Osama bin Laden.

His lawyers want wholly irrelevant records that they know are not available—even though, as in domestic criminal cases, “every interrogation record was turned over to the defense at least a year ago”

His lawyers also want access to (1) “high value detainees” and (2) “individuals who were present during Hamdan’s interrogation shortly after his capture in Afghanistan.”  In other words, as in domestic criminal cases, they want access to two categories of witnesses.  Category (1), the euphemistically characterized “high value detainees,” are the worst of the worst—sixteen prisoners isolated at Guantanamo in a prison within a prison under top secret circumstances.  They include Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001 attacks.  Category (2) doubtless includes CIA operatives.

In short, graymail squared!

 And it’s beginning to work, because the judge gave Hamdan’s lawyers what is surely the thin edge of the graymail wedge.  On April 30th, thanks to Judge Allred’s myopia, he succeeded in making the Guantanamo enemy combatant military tribunals look more and more like domestic criminal trials.

According to the Miami Herald, Allred ruled that Hamdan “is permitted to sign a personal plea to alleged senior al Qaeda leaders segregated on this base—despite a U.S. government claim that it would breach national security.”  Allred was not persuaded by Justice Department attorney John Murphy’s warning that allowing Hamdan to write a note to Khalid Sheik Mohammed and others could expose “grave national security secrets.”  Allred concluded that there was “no inherent danger” in letting Hamdan write to his now-pen pals requesting that they provide written testimony prior to his scheduled June 2, 2008 trial.  The idea is that Hamdan can seek the “worst of the worst’s” cooperation with his lawyers in support of their defense that “he was not a key al Qaeda insider but a driver on the fringes of the terror network.”

The Miami Heald reported also that “Allred had earlier ordered the government to let Hamdan's lawyers submit written questions to Camp 7 captives, in Arabic, through a government security officer with authority to censor national security secrets from the answers” but “[n]o replies have emerged. Now the lawyers want Hamdan to write the men, in effect saying, ‘This is me. Please answer my lawyers’ questions.”

Perhaps Hamdan could write: “Khalid, this is me, your ‘ole terrorist buddy from Afghanistan, Pakistan, Waziristan.  I’m just down the road here in another detention facility, eating well, praying to Allah, confounding my military guards, consulting with my America lawyers, having the Court rule military commissions illegal.  We’re asking for all kinds of stuff the infidels can’t give us, and when they don’t that will really gum up these proceedings. What a country!”

We better pray that Hamdan’s lawyers don’t next make an application to Allred for bail.

  

John McCain And The Queen Of Diamonds

Ever since John McCain won the South Carolina and Florida Republican primaries, the Internet has been awash (ablaze is probably a better word) with assertions, arguments, and proof that he is not a conservative.  See, e.g., , http://www.therant.us/staff/hholzer/2008/01232008.htm.

 

In the last few days, however, a few commentators have revived long-standing speculation about whether McCain’s non-conservative positions and conduct are rooted in something much darker than mere opportunism or closet liberalism.  Some have even characterized McCain as a Vietnam War “Manchurian Candidate”—after the title of the famous 1959 novel by Richard Condon, and the subsequent movie of the same name.

 

In essence, The Manchurian Candidate tells of an American POW from the Korean War who is brainwashed by the Chinese communists.  When, back in the United States, he is flashed the Queen of Diamonds, he becomes a lethal killing machine in service of his mother’s and her husband’s political ambitions.

 

The term “Manchurian Candidate” has found its way into the American lexicon to mean someone whose mind has been tinkered with, so as to make him do the bidding of the forces that brainwashed him.

 

Although it is absurd to think that John McCain was brainwashed by the communists into becoming a Manchurian Candidate during his five-plus years of captivity in North Vietnam, there is some circumstantial evidence to suggest that something may have occurred there that the now-presumptive Republican presidential nominee may not want disclosed.

 

And if that is true, there is a dagger aimed at the heart of his potential candidacy, and thus at our nation, by the ascendancy of Hillary Clinton.

 

At the threshold, it needs to be said that for every critical question about McCain’s conduct in North Vietnam, and afterwards, there is an arguably benign answer.

 

Soon after being shot down on October 26, 1967 in the middle of Hanoi, McCain asked for medical attention and promptly received it at a North Vietnamese military hospital.  Was it because he quickly told his captors who his father was, as his detractors claim? Was it because he was so badly injured, as his supporters contend?  Or for some other reason(s)?

 

Even though no returning POW reported that he had been interrogated by non-Vietnamese communist intelligence or security agents who identified themselves as such, there is considerable circumstantial evidence, and at least three pieces of direct evidence, that some had been.  Indeed, McCain himself has admitted that he was interviewed by at least one “French” reporter, that he had a discussion with “ a famous North Vietnamese writer” about Ernest Hemingway, that unspecified “others came to find out about life in the United States” that one of them “was Gen. Vo Nguyen Giap, the hero [!]  of Dienbienphu,” and that indeed, “[m]any [unspecified] visitors came to talk to me”

 

During those interviews, literary discussions, cultural conversations, and military dialogues, did McCain disclose information that he should not have, as his detractors claim?  Or did he not, as his supporters contend?  (For the record, neither McCain nor any other POW should be criticized for whatever information, however sensitive, they may have given up under torture.)

 

As a United States Senator, McCain joined with colleague John Kerry to choke off an official inquiry into the fate of American MIAs.  Was it because McCain had something personal to hide and/or like Kerry was trying to facilitate restoration of normal relations with the communists, as his detractors claim?  Or because he honestly believed the Vietnamese had not withheld any American servicemen, as his supporters contend?  Or for some other reason(s)?

 

McCain was instrumental in having Congress seal the debriefings of all returned prisoners of war.  Was it because of legitimate privacy concerns? Or did his and others’ debriefings inculpate him because of his conduct in captivity.

 

One can speculate about how many people know the answer to such questions.

 

But one thing is certain.

 

John McCain knows the answers.

 

Putting aside that morally the American people have a right to know those answers right now—during the Republican primaries for the presidency of the United States—there is a crucially important practical reason as well.

 

It is likely that the Clintons are laying in wait for McCain to become the Republican candidate.  If they possess damaging answers to these and related questions, the Clinton Machine will use them to destroy John McCain, not as a primary candidate, but, if he is nominated, as the anointed Republican standard bearer in November.

 

We need to ask only two questions: If damaging information does exist about McCain, could the Clintons have it and, if they do, will they use it?

 

It is not widely known that when Bill Clinton’s last term as Arkansas governor was ending, consideration was given to Hillary succeeding him.  For strategic reasons, she passed. 

 

Can anyone doubt that the Clinton’s game plan, from the beginning of Bill’s quest for the White House, was that Hillary would follow his presidency with one of her own?

 

Accordingly, the Clintons being the Clintons, it can be assumed that at least from their first days in the White House they began to amass intelligence about Hillary’s potential rivals years down the line.  Certainly, John McCain had to have been on that list.

 

The Vietnamese, with whom President Clinton normalized relations, had McCain’s POW files.

 

The government, of which Clinton was the Chief Executive, had the Vietnam POW debriefing files.

 

Perhaps the President could have obtained the Vietnamese files.  Certainly the debriefing files were only a phone call or email away.

 

Remember that nearly a thousand FBI files, mostly about Republicans, somehow wound up in the White House, with some flunky personnel director taking the fall for the Clintons.

 

If the Clinton Machine has damaging information about McCain’s time as a POW, and about his conduct in POW/MIA affairs during his tenure in Congress, will they use it?

 

To ask the question is to answer it. 

 

Remember how the Clintons dealt with Monica Lewinsky and Bill’s other women (as well as Linda Tripp)?  Remember how just two weeks ago they used Obama’s self-admitted drug use and legal representation of a slumlord?  Remember the Clintons’ attacks on the reputations of others who were threats to them?

 

While McCain is immune to the Queen of Diamonds—whatever he is, John McCain is no Manchurian Candidate!—still, he is not immune to the slash-and-burn tactics of Bill and Hillary Clinton.

 

As much as John McCain has been injured before, Bill and Hillary Clinton—those pustules on the American body politic—may be poised to teach him another painful lesson. 

 

Unless, that is, he makes a preemptive strike by releasing heretofore sealed records, exercises as much damage control as he can, and thus avoids being sandbagged during the post-primary election campaign.

 

The Clintons are out there, aiming for John McCain just as surely as was the SAM missile that brought him down into Hanoi’s Western Lake.

Straight Talk About The Straight Talker 

There is a scene in the classic Elia Kazan film “Viva Zapata” when a young Emiliano Zapata for the first time meets his bride-to-be’s father, a shopkeeper manifestly unimpressed with his daughter’s suitor.  The father calls Zapata “a man of substance, without substance.”

 

So, too, it is with John McCain.  He is “a man of integrity without integrity”—meaning that the senator is reputed to have great integrity, but in fact has little, given the definition of that word: “the quality of possessing and steadfastly adhering to high moral principles or professional standards” (Encarta Dictionary).

 

Two different, but related, events that coalesced today are what have caused me to write on this subject.

 

The first was an email from a friend observing that a noted Washington, D.C. conservative journalist just said to her that he “disagreed with what McCain was saying,” but nonetheless “considered McCain far and above the best [presidential] candidate” because “the man has integrity.”

 

The second was this week’s Newsweek Web Exclusive by Jonathan Alter, relating a telephone call he had just received from Ross Perot, the unsuccessful presidential candidate who has long been a major voice on behalf of POWs and MIAs.  Alter quoted Perot as saying that McCain “is the classic opportunist—he’s always reaching for attention and glory.  Other POWs won’t even sit at the same table with him.”

 

According to Alter, “Perot’s real problem with McCain is that he believes that the senator hushed up evidence that live POWs were left behind in Vietnam and even transferred to the Soviet Union for human experimentation, a charge Perot says he heard from a senior Vietnamese official in the 1980s.  ‘There’s evidence, evidence, evidence,’ Perot claims.  ‘McCain was adamant about shutting down anything to do with recovering POWs.’”

 

Perot was referring principally to McCain’s tag-team performance with John Kerry on a Senate committee charged with getting to the bottom of the MIA question.  (See the article “Archangel 1918 to Hanoi 1972” at http://www.henrymarkholzer.com/f/publishedarticle.pdf.)

 

That article and the copious sources cited in it leave no doubt that McCain was instrumental in burying, sadly for all time, any possibility of learning what became of Americans who were missing in action throughout Southeast Asia.  Hardly the work of a man of integrity, let alone a United States Senator and himself a former prisoner of war.

 

While McCain’s lack of integrity in the MIA investigation is so dramatic because of his own military and POW background, there are other examples which are equally important and disturbing.

The man of integrity and self-proclaimed fighter for the “little guy” was up to his ears in the infamous “Keating Five” bank scandal, which cost countless American bank depositors incalculable amounts of money and some of them their life savings.

The man of integrity, a Republican and alleged conservative, partnered with leftwing Democrat Senator Russ Feingold to sponsor and enact a federal statute that has throttled considerable free political speech in American election campaigns, because, according to McCain himself he “would rather have a clean government than one where quote First Amendment rights are being respected, that has become corrupt.  If I had my choice, I’d rather have the clean government.”

The man of integrity did his best to legitimize millions of illegal aliens, despite their criminality, their harmful effect on the American economy, and its workers.

The man of integrity, during his two-plus decades in Congress, and his political heft there, did little or nothing on behalf of veterans, despite the fact that few in that body knew better than he the personal costs of their service and their needs.

The man of integrity, who supposedly opposes the “living Constitution” principle, organized the Senate cabal euphemistically known as the “Gang of Fourteen,” which made him kingmaker and indispensable to the White House in its nomination of Supreme Court justices and other federal judges—thereby, in a single coup, weakening the President’s appointment power and enabling the Senate to filibuster in violation of its constitutional duty to give judicial nominees up or down votes.

The man of integrity, a Navy pilot who spent over five years as a POW, whitewashed antiwar poster-girl Hanoi Jane Fonda, whom he characterized as merely a “confused young actress”—thereby insulting many of his POW brothers and others who suffered from her conduct, further legitimizing her traitorous behavior on behalf of the Communists.

The man of integrity, with a reputation for being strong on national security, engineered a near-unanimous Senate vote to give “enemy combatants” (i.e., Islamic terrorists) all the protections the Geneva Convention reserves for prisoners of war, and to prohibit the obtaining of crucially important intelligence by “cruel, inhuman, or degrading treatment or punishment.”

The man of integrity, who rails against government waste and purports to believe in a strong economy, twice broke ranks with his party, and voted against the Bush tax cuts.  And against repeal of the death tax.

 

The man of integrity, who so prides himself on being a maverick individualist, admits to being a collectivist by such statements as “Each and every one of us has a duty to serve a cause greater than our [own] self-interest.”

 

The man of integrity, claiming concern with America’s dependency on foreign oil and the wealth transfer that it causes, joined the left no fewer than four times in defeating our ability to drill in Alaska.

 

The man of integrity joined with socialist [hawk] Senator Joseph Lieberman to promote an energy tax to combat “global warming,” even though it would help the oil cartel— and, worse, be aimed at a spurious threat that lacks credible scientific basis.

 

Now McCain has become the potential Republican presidential nominee. 

 

So the time has come to make an explicit issue of his purported integrity—an accolade deriving mostly from his reputation for “straight talk” (which has nothing per se to do with integrity), and his having been a prisoner of war.

 

Having been a POW—which McCain has recently been reminding voters about, especially in South Carolina—no more qualifies, let alone entitles, John McCain to be President of the United States than it does any other former POW. 

 

Nor is it possible to extrapolate from McCain’s POW experience all of the qualities a conservative president must possess in these times of deadly threats from abroad and a semi-socialist domestic economy brought us by the Republicans—and inevitable under the Democrats.

 

Nor does having suffered the agonies of Communist captivity give John McCain, or anyone else, a license to act consistently in a manner inimical to the interests of the United States of America and its people. It does not elevate a political opportunist and a man who lacks integrity into a presidential candidate who possesses that quality. 

 

Suffering is not a substitute for “possessing and steadfastly adhering to high moral principles.”

 

 

No Way Jose

 

The latest chapter in the continuing saga of terrorist Jose Padilla—who hoped, perhaps expected, that if the gods smiled upon him he would have been acquitted—has ended with a federal judge in Florida sentencing him to 17 years in prison.

 

The story began with Padilla, a United States citizen and small time Chicago street criminal, becoming radicalized, training as a jihadist in Afghanistan and Pakistan, meeting with bin Laden’s deputy, and being handed off to 9/11 mastermind Khalid Shaikh Mohammed, to whom he pitched a couple of terrorism ideas. 

 

One of Padilla’s ideas was to use open source Internet information to confect a nuclear device, and then explode it in the United States. 

 

Padilla’s second idea was more modest.  In major cities, he would rent two apartments in each of twenty high-rise buildings that were served by natural gas, seal up the doors, windows, and vents, turn on the gas, set timing devices, and sprint for the down elevator.

 

Little did the newly-minted jihadist know that terrorist Abu Zubaydah (doubtless the victim of demeaning treatment at the hands of American agents) had spilled the beans about Padilla’s association with al Qaeda.  The government had additional information about him obtained from other terrorist detainees.

 

In May 2002, when Padilla returned to the United States and landed at O’Hare Airport in Chicago, the FBI arrested him.  Transferred to New York, he was detained under the “material witness” statute in connection with the government’s continuing investigation into terrorism.

 

A month later Padilla was designated by the President as an “enemy combatant.”  As such, he was removed from New York and incarcerated in a military detention facility in South Carolina.

 

In December 2003 the United States Court of Appeals for the Second Circuit in New York ruled that the President lacked power—either under the Constitution or federal statutes—to hold American citizens like Padilla indefinitely if they were seized in the United States. 

 

The government appealed the Second Circuit’s ruling to the Supreme Court, which didn’t rule on the enemy combatant or detention issues.  Instead, the Court held that when Padilla sued originally in New York to be released from custody there as a material witness he may have sued in the correct jurisdiction.  But now that he was in South Carolina, that’s where his case belonged—and instead of suing Secretary of Defense Donald Rumsfeld, who no longer had custody of Padilla, he should have sued the brig’s warden in South Carolina, who did.

 

In February 2005 the South Carolina federal district court ruled that the government could not detain Padilla indefinitely, and had only two choices: let him go, or charge him with a crime.

 

The government appealed, and in September 2005 the United States Court of Appeals for the Fourth Circuit reversed the district court on the ground that, in enacting terrorism-related legislation, Congress had, in effect, given the president the power to detain Padilla.

 

In November 2005, the government indicted  Padilla (under his real name and three aliases) and four other alleged terrorists.  In essence, the indictment alleged that “at all times material to this Superseding Indictment”:

 

  • There existed a violent jihadist movement;
  • It consisted of certain named groups;
  • They “engaged in acts of physical violence, including murder” and other crimes;
  • The violence was supported by cells within the United States and elsewhere;
  • Padilla and his co-defendants operated in a North American cell, aiding jihad;
  • They supported Sheikh Omar Abdel Rahman, an influential high-ranking jihadist;
  • Another supporter was Mohamed Zaky;
  • Zaky operated at least three Islamic organizations in the United States;
  • He used these organizations to promote jihad;
  • Padilla’s co-defendants did essentially the same thing;
  • “Padilla was recruited by the North American support cell to participate in violent jihad and traveled overseas for that purpose.”

 

Padilla (and the others) was charged with the most serious counts: 1. Conspiracy to murder, kidnap, and maim persons in a foreign country; 2. Conspiracy to provide material support for terrorism; 3. Material support for terrorism.

 

In August 2007 Padilla and his four co-defendants went to trial in a Miami, Florida, federal district court.

 

The judge was Marcia G. Cooke, whose official professional biography (from “Judges of the United States Courts”) is as follows:

 

Born 1954 in Sumter, SC

Federal Judicial Service:
Judge, U. S. District Court, Southern District of Florida.
Nominated by George W. Bush on November 25, 2003, to a seat vacated by Wilkie D. Ferguson; Confirmed by the Senate on May 18, 2004, and received commission on May 18, 2004.

U.S. Magistrate, U.S. District for the Eastern District of Michigan, 1984-1992

Education:
Georgetown University, B.S.F.S., 1975.

Wayne State University Law School, J.D., 1977.

Professional Career:
Staff attorney, Neighborhood Legal Services, Michigan, 1978-1979.
Deputy public defender, Legal Aid and Defender Association, Michigan, 1979-1980.
Assistant U.S. attorney, Eastern District of Michigan, 1980-1983
Private practice, Michigan, 1983-1984.
Director of professional development and training, U.S. Attorney's Office, Southern District of Florida, 1992, 1994-1999.
Executive assistant U.S. attorney, Southern District of Florida, 1992-1994.
Chief inspector general, Executive Office of the Governor, Florida, 1999-2002
Assistant county attorney, Miami-Dade County, Florida, 2002-2004.

Race or Ethnicity: African American.

Gender: Female.

 

For openers, the judge concluded that the Count 1 conspiracy allegation was “light on facts”—even though the sole elements of a federal criminal conspiracy are (1) an agreement (which can even be oral) to do an illegal act, and (2) any act in furtherance of that agreement (even a perfectly legal act).  So she dismissed the conspiracy count.

 

Predictably, Cooke’s indefensible ruling was reversed by the United States Court of Appeals for the Eleventh Circuit.

 

In August of last year, after a three-month trial but only a day-and-a-half of deliberations, jurors convicted Padilla on all counts—terrorism conspiracy, and providing material support to terrorists—having concluded that he was a principal in a support cell that sent recruits, money and supplies to Islamic extremists throughout the world, including al Qaeda.  This bears repeating: Padilla was convicted of conspiracy (agreeing to do an illegal act(s), and he or any one of the others performing any overt act, even a legal one, in furtherance of that agreement) and of providing material support to terrorists.

 

Padilla’s sentencing hearing began early in January 2008, and took seven days.  The government asked for life, the defense for ten years.  The federal criminal sentencing guidelines suggested a range of 30-years to life.

 

Judge Cooke gave him 17 years.

 

Why?

 

Although Padilla (and the other four defendants) were convicted of serious terrorism crimes, and although a week prior to sentencing Judge Cooke had rejected his argument that he was a bit player in the terrorists’ conspiracy, ruling instead that the defendants qualified for increased penalties under the federal sentencing guidelines, at sentencing her bleeding heart got the best of her.

 

Ignoring that Padilla had not been charged with and convicted of killing, maiming or kidnapping anyone, but rather conspiring to do so, Cooke stated from the bench that in sentencing Padilla to slightly less than half of the suggested guidelines penalty she noted that “there is no evidence that these defendants personally killed, maimed or kidnapped anyone.”  In other words, because there was no evidence of something they had not been charged with, she was inclined to be lenient.

 

Nor, Cooke said, had Padilla been charged with a plot to overthrow the United States government, so the jury’s failure to convict him of that was another factor in Cooke’s leniency.  One can think of scores of other crimes of which Padilla had not been convicted, because he was not charged with any of them either—a spurious basis, to say the le