European Council Offers Rebuke to U.S. Secrecy Policy

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European Council Offers Rebuke to U.S. Secrecy Policy

September 8th, 2011 by Steven Aftergood

A draft resolution (pdf) prepared for the inter-parliamentary Council of Europe bluntly criticized the “cult of secrecy” in the United States and other nations and it praised the role of whistleblowers in helping to challenge the abuse of secrecy authority.

“In some countries, in particular the United States, the notion of state secrecy is used to shield agents of the executive from prosecution for serious criminal offences such as abduction and torture, or to stop victims from suing for compensation,” the draft resolution stated.

The draft, written by Dick Marty of Switzerland, was approved September 7 by the Legal Affairs Committee of the Parliamentary Assembly of the Council of Europe. It is to be debated by the full Assembly next month. See “Abuse of state secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations,” provisional version, September 7.

The document criticized various member nations for failing to conduct probes of detentions and abductions that were reportedly carried out by or in cooperation with the CIA. The author acknowledged the existence of legitimate secrets, but stressed the need to enforce legal norms even, or especially, in the domain of national security.

“The Assembly recognises the need for states to ensure effective protection of secrets affecting national security. But it considers that information concerning the responsibility of state agents who have committed serious human rights violations, such as murder, enforced disappearance, torture or abduction, should not be subject to secrecy provisions,” the draft resolution said.

The document pointed approvingly to Canada’s response to the case of Maher Arar, a Canadian who was seized in New York, deported to Syria by the CIA and tortured, though he was guilty of no crime. The government of Canada apologized for the episode and provided financial compensation to Arar. But under U.S. law, by contrast, Arar was not permitted even to argue his case in court and to seek a remedy, after the government invoked the “state secrets” privilege.

“As Canada demonstrated in the Maher Arar case, it is possible to put in place special procedures for the supervision of the activities of the special services guaranteeing both the adequate protection of legitimate state secrets and the protection of fundamental rights and freedoms,” the draft resolution said. The U.S. government and the American legal system were incapable of achieving a comparable outcome to the case.

“We are confronted with a real cult of secrecy,” the document said. “It is therefore justified to say that whistleblowers play a key role in a democratic society and that they contribute to making up the existing deficit of transparency.”

The resolution praised the role of WikiLeaks in publishing “diplomatic reports confirming the truth of the allegations of secret detentions and illegal transfers of detainees.” But it also stated that “It is essential that such disclosures are made in such a way as to respect the personal safety of informers, human intelligence sources and secret service personnel” — a condition that WikiLeaks has repeatedly failed to fulfill.

The resolution proposed several “basic principles for judicial and parliamentary scrutiny of the secret services” in democratic nations, along with recommendations to improve such oversight.

Most fundamentally, it said, “Breaches of the law and comparable abuses by agents of the Government are not by their nature legitimate secrets.”

The Vast Majority of 911 Materials Remains Secret for No Apparent Reason

Military officials ignored Cheney’s 9/11 shoot-down order

By Stephen C. Webster
Thursday, September 8th, 2011 -- 11:07 am

Tags: american aerospace defense, american airlines flight 77, federal aviation administration

Newly published audio this week reveals that Vice President Dick Cheney's infamous Sept. 11, 2001 order to shoot down rogue civilian aircraft was ignored by military officials, who instead ordered pilots to only identify suspect aircraft.

That revelation is one of many in newly released audio recordings compiled by investigators for the 9/11 Commission, published this week by The Rutgers Law Review. Featuring voices from employees at the Federal Aviation Administration (FAA), North American Aerospace Defense Command (NORAD) and American Airlines, the newly released multimedia provides a glimpse at the chaos that emerged as the attack progressed.

Most striking of all is the revelation that an order by Vice President Dick Cheney was ignored by the military, which saw his order to shoot down aircraft as outside the chain of command. Instead of acknowledging the order to shoot down civilian aircraft and carrying it out, NORAD ordered fighters to confirm aircraft tail numbers first and report back for further instructions.

Cheney's order was given at "about 10:15" a.m., according to the former VP's memoirs, but the 9/11 Commission Report shows United flight 93 going down at 10:06 a.m. Had the military followed Cheney's order, civilian aircraft scrambling to get out of the sky could have been shot down, exponentially amplifying the day's tragedy.

Far from sending fighters to chase after the hijacked aircraft, as Bush administration officials have repeatedly said they did, the new audio tapes paint a picture of bedlam and unpreparedness.

The situation was so chaotic, military officials received the exact location of one of the aircraft that hit the World Trade Center towers just nine minutes before impact. It even took a military official calling the FAA some 30 minutes after American Airlines Flight 77 went off course before the nation's defense apparatus began scrambling. Moments later the jet is said to have slammed into the Pentagon.

Despite these latest disclosures, the vast majority of materials gathered during the investigation of 9/11 remains a secret, even over the wishes of the 9/11 commissioners. Among that information is a 30-page summary of the commission's interview with President George W. Bush and Vice President Cheney; black box data; minutes from a secret, high-level "continuity of government" meeting; and information on America's overseas intelligence-gathering on al Qaeda.

Withheld from the audio released by Rutgers was a high-level meeting held by top administration officials, where they discussed continuity of government measures to be implemented if the president were to be killed or a mass casualty event were to occur. In Cheney's memoir, he claims to have ordered a staffer to hang up on that meeting when a technical glitch caused a degradation in audio quality. Instead of going directly there to participate in discussions about how to sustain the government, Cheney decided to watch television news.

9/11 Commission Chairman Thomas Kean has said most of the investigation's materials are classified for no apparent reason, and urged that the National Archives release the 9/11 files to the public as soon as possible. He's also suggested that the Central Intelligence Agency (CIA) tried to impede the investigation when it turned towards al Qaeda intelligence gathering methods.

As many as 92 tapes of terror war captives being tortured by CIA operatives were later destroyed. Officials suggested these recordings depicted torture sessions with terrorism suspects Abu Zubaydah and Abd al-Nashiri. Along with the tapes, detailed records of the CIA's so-called "torture flights," showing the planes, destinations and even the passengers, were also destroyed.

Attorney General Eric Holder announced in June that after a lengthy investigation, a probe of the CIA's interrogations during the Bush-era would not proceed.

This video is from ABC News, broadcast Thursday, Sept. 8, 2011.