Cheating Justice (36 page)

Broken Laws, Broken Lives
(Physicians for Human Rights), 90, 115

Brookings Institution, 3

Bumiller, Elisabeth, 11

Bush, George H. W.: attempted assassination of, 3; and first Gulf War, 1, 3–4, 44, 91; and Foreign Intelligence Surveillance Act, 43

Bush, George W.: accountability needed for crimes committed by, xi–xii, xiv–xv, 67, 118, 139–41, 165, 167; and al Qaeda threats, 9, 50–51; and Bilateral Immunity Agreements, 151; cabinet of, 8; commander-in-chief powers of, 60–61, 82–83; devastation caused by presidency of, xii–xv; education agenda of, 117; impeachable offenses of, 25, 49, 136–37; on intelligence failure in Iraq, 31; international accountability for, 141–63; and International Criminal Court, 149; and Libby's prison sentence, 18, 120; lies and deception by, regarding Iraq War and occupation, xiv, 1–37; memoir by, ix, 2, 29, 35, 70, 78, 105, 107, 111, 114, 141; mistakes not admitted by, 117–18; motivations of, for Iraq War, 3–4, 35, 165; pardon for discussed, ix; protection of against prosecution of generally, x–xi, xiii–xv, 3, 14–15; reelection of, 4, 25; retirement of, ix; State of the Union address (2003) by, 1–2, 7, 15–21; steps needed in prosecution of, xiv–xv.
See also
Iraq; Iraq War; prosecution; torture; waterboarding; wiretapping

“Bush Six,” 146

Bybee, Jay: as federal judge, 146; and illegal wiretapping by Bush administration, 79; impeachable offenses of, 137; international accountability for, 146; and torture memos, 79, 80, 83–85, 99, 104, 106, 107, 137; as Yoo's supervisor, 56

Cambodia, xii, 41

Cameron, David, 114, 161

Canada, 130–31, 148, 156, 161–62

Card, Andrew, Jr., 11

Carnegie Endowment for International Peace, 8, 10, 13, 23, 32–33

Carter, Jimmy, 42, 43

CAT.
See
Convention Against Torture

Cauley, Leslie, 45

CBS News, 70

Center for American Progress, 50

Center for Constitutional Rights, 130, 146, 148–49, 153, 167

Center for International Policy, 10–11

Center for Public Integrity, 13–14

Central Intelligence Agency.
See
CIA

Cheney, Richard B.: accountability needed for crimes committed by, xi–xii, xiv–xv;
on Afghanistan War, 30; on biological weapons labs in Iraq, 32; and CIA, 33; and conspiracy to defraud U.S. government, 28, 36; and FISA law, 44; and Geneva Conventions, 76; impeachable offenses of, 137; international accountability for, 151; and Iraq's alleged procurement of uranium from Niger, 18; on Iraq War, 30; on link between 9/11 attacks and Iraq, 32, 75; and “marketing” strategy for Iraq War, 11, 12, 13; pardon for discussed, ix; and President's Surveillance Program, 44–45, 47, 53, 54, 55, 58, 62–64, 66; protection of, against prosecution of generally, x–xi, xiii–xv, 3, 14–15; and State of the Union address (2003) by Bush, 1; steps needed in prosecution of, xiv–xv; on torture, x, 70, 79, 86, 89, 95, 101, 105, 109, 110, 116; on United Nations inspections for WMD in Iraq, 13; and War Crimes Act (1996), 74; on waterboarding, 70, 86; on WMD, 30.
See also
Iraq War and occupation

Chertoff, Michael, 81

Chiarella, Louis A., 42

Chilcot, Sir John, 159–61

Chile, 145–46, 166

China, 71, 75

Christian Science Monitor
, 3, 36–37

Church, Frank, 41, 138–39

CIA: on al Qaeda threats, 9, 50, 51; and bin Laden, 112–13; on biological weapons labs in Iraq, 32; and Bush on intelligence failure in Iraq, 31; and Cheney, 33; on effectiveness of Bush's President's Surveillance Program, 59; and
Hamdan v. Rumsfeld
, 97; internal assessment of interrogation techniques and torture by, 94–95, 105, 111–12, 114; international accountability for, 142, 152–55, 157; interrogation techniques of and torture of prisoners by, 37, 69–70, 73–85, 88–90, 94, 104, 105, 111–12, 114, 116, 121, 132, 138; on Iraq as not connected to 9/11 attacks, 9, 10; and Iraq's alleged procurement of uranium from Niger, 17, 18; on Iraq's procurement of aluminum tubes, 17; kidnapping of El-Masri by, 131, 154; and link between al Qaeda and Iraq, 9, 10, 13, 37, 75; missing videos of detainee interrogations by, 89, 94, 104, 120, 126–27; “outing” of Plame as CIA agent, 18, 120, 127; rendition flights over Europe by, 162; secret prisons/black sites of, 69–70, 73, 74–75, 109, 116, 142, 150, 151, 152, 154–55, 162; and torture memos, 80–85; and
Unclassified Report on the President's Surveillance Program
(2009), 45; waterboarding by, 105, 115; and Watergate, 26

Cincinnati Museum Center, 12

Citizens for Responsibility and Ethics in Washington (CREW), 29, 127, 128

civil litigation process: for accountability, 64, 66, 129–34; and ACLU, 52, 57, 61, 73, 104, 123–24, 126, 132, 157; for illegal wiretapping, 64, 66, 129, 132–34; and international justice, 155–56; and state secrets privilege, 129, 132; by torture victims, 129, 130–32

civil rights movement, 166

Civil War, 73, 76

Clarke, Richard, 9

Clemens, Roger, 5

Clinton, Bill, 8, 43, 119, 149

CNN, 18, 29, 47

Colson, Charles, 26

Comey, James, 58, 84, 120

commander-in-chief powers, 4, 60–61, 82–83

Communist China, 71, 75

Congress, U.S.: and Authorization for Use of Military Force (2001), 51–52; and Authorization for Use of Military Force Against Iraq (2002), 21; Bush's “letter of determination” (2003) to, for military engagement in Iraq, 7, 14, 21–26; and Bush's violations of FISA, 44; conspiracy to defraud, regarding Iraq War, 7, 26–37; and Detainee Treatment Act (2005), 95–96, 98, 100, 101, 105; false statements to, 4, 6–7, 19–21; and Iran-Contra scandal, 27–28; and Joint
Resolution to Authorize Use of Military Force Against Iraq, 21–22, 24–25, 51–52; and laws protecting Bush-Cheney administration generally, x–xi, xiii–xv; “marketing” strategy aimed at, for entry into Iraq War, 11, 30; and Military Commissions Act (2006), 97–101; and military intervention against terrorists from 9/11 attacks, 33–34; pre–Iraq War intelligence and information to, 14, 33–34; pressure on, for Iraq War, 12; and Protect America Act (2007), 47; and ratification of UN Convention Against Torture, 102; and special prosecutor law, 119, 121–22; State of the Union address (2003) before, 1–2, 7, 15–21; and state secrets privilege, 135–36; and statutes of limitations for grave abuses of power, 128; support of Iraq War by, 32–35; and Terrorist Surveillance Program, 47; war powers of, 4, 21–22, 61, 83; and WMD threat, 30.
See also headings beginning with
House
and
Senate;
and specific laws

Congressional Research Service, 6, 19, 62, 150

conspiracy to defraud U.S. government: defenses to, 31–36; definition of defrauding, 29; and Iran-Contra scandal, 6, 27–28; and Iraq War, 7, 28–37; law on, 6, 14–15, 28–29; statute of limitations on, 35, 65; and Watergate, 6, 26–27, 36

Constitution, U.S.: on accountability of presidents, xi; checks and balances on executive's war-making power in, 4, 30; Eighth Amendment of, 73; Fifth Amendment of, 73; First Amendment of, 62; Fourth Amendment of, 39, 40–41, 62; and Geneva Conventions, 122; and impeachment, xi; on president as commander in chief, 4, 60–61; and State of the Union message, 20

Constitution Project, 136

Convention Against Torture, 74, 102, 114, 152, 162

Corn, David, 23

Couch, Stuart, 104–5

Council of Europe, 152

Court of European Justice, 158

Cox, Archibald, 119

Crawford, Susan J., 87

CREW (Citizens for Responsibility and Ethics in Washington), 29, 127, 128

Cuba, 151

“Curveball” (Rafid Ahmed Alway al-Janabi), 32

Daily Beast
, ix

Daily Mail
, 156, 160

Danner, Mark, 89

Darby, Joseph, 110

Darfur, 144, 150

Dark Side, The
(Mayer), 37, 75

Daschle, Tom, 52

data-mining program, 45, 59, 66

Davids, Willibrord, 158–59

Dean, John, 36

Dearlove, Richard, 10

deception.
See
false statements; fraud

Decision Points
(George W. Bush), ix, 2, 29, 35, 70, 78, 105, 107, 111, 114, 141

Defense Department: and al Qaeda training camp, 31; and capture and torture of prisoners, 74; and
Hamdan v. Rumsfeld
, 97; intelligence operation in, 33; and Rumsfeld's authorization of torture, 87; SERE program of, 75, 77, 80–81, 83–85, 103, 108, 111; and torture memos, 107; and
Unclassified Report on the President's Surveillance Program
(2009), 45; and War Crimes Act, 92

defense of counsel: and FISA violations, 47, 54–58; on torture, 106–9

de la Vega, Elizabeth, 28, 29

Democracy Now!
, 156

Department of Energy (DOE), 16–17

Der Spiegel
(magazine), 154

Detainee Treatment Act (2005), 95–97, 98, 100, 101, 105

Dicker, Richard, 150

Drew, Elizabeth, 138

Drumheller, Tyler, 32

Durham, John H., 120–21, 126

Durham, Steven, 5

Education Department, 117

Eggan, Dan, 44, 46

Egypt, 8, 75, 104, 113, 142, 152, 155

Ehrlichman, John D., 26

Eichmann, Adolf, 145

Eighth Amendment, 73

Eisenhower, Dwight D., 91

ElBaradei, Mohamed, 13, 162–63

Electronic Frontier Foundation, 48, 64, 66

El-Masri, Khaled, 89, 131, 153–54, 156, 157

El-Masri v. Tenet
, 131

El País
(newspaper), 142, 146–47, 153

Energy Department.
See
Department of Energy (DOE)

England.
See
Britain

“enhanced interrogation techniques.”
See
torture

Ervin, Sam, 138

European Center for Constitutional and Human Rights, 163

European Court of Human Rights, 156–57

European Parliament, 162

Evers, Medgar, 166

executive power, 4, 30, 44, 57, 60–61, 82–83

FAA (FISA Amendments Act), 47–49, 63–65, 122–24, 133

Face the Nation
, 89

false statements: defenses to, 25–26; “knowingly and willfully” test for, 19, 24; law on, 5, 19–20, 23–25; in “letter of determination” to go to war in Iraq, 7, 14, 21–26; “materiality” test for, 19, 24; in road to war against Iraq and “marketing” strategy, 7–15; standards for, 5, 19–20, 23–25; in State of the Union address (2003) by Bush, 1–2, 7, 15–21; statute of limitations for, 25–26; from torture, 31–32; on UN inspections for WMD in Iraq, 29

False Statements Accountability Act (1996), 5, 19–21, 23–26

FBI: on al Qaeda's purported link to Iraq, 32, 37, 75; COINTELPRO of, against domestic activists, 41; on effectiveness of Bush's President's Surveillance Program, 59; and Foreign Intelligence Surveillance Act, 42; illegal wiretapping by, during Nixon administration, 41; and illegal wiretapping by Bush administration, 58, 124, 133; interrogation techniques of, 74, 75, 78, 81, 110, 111; on Iraq as unconnected to 9/11 attacks, 9; in
Little Murders
, 39; reports of, on detainee interrogations, 103, 104; and torture memos, 81, 103; and
Unclassified Report on the President's Surveillance Program
(2009), 45; and Watergate, 26

Federalist Society, 56, 103

Federal Records Act, 127

Federation of American Scientists, 43

Feiffer, Jules, 39

Feingold, Russ, 44, 124–25

Feith, Douglas, 146

Fifth Amendment, 73

Fine, Glenn, 110

First Amendment, 62

FISA.
See
Foreign Surveillance Intelligence Act (FISA)

FISA Amendments Act (FAA; 2008), 47–49, 63–65, 122–24, 133

FISA court, 42–43, 48, 56, 63, 122–23

Fitzgerald, Patrick, 120, 121, 127

Ford, Gerald, xiii, 17–18, 27

Foreign Surveillance Intelligence Act (FISA): authorization to go to war as overriding, 51–52; Bush and Cheney's campaign to revise, 40, 47–49; Bush's admission of violation of, 40, 46, 51, 63; Bush's briefing of congressional leaders on violations of, 53–54; Bush's violations of, xiv, 39–40, 44–49; civil litigation for damages under, 64, 66, 129, 132–34; defense of counsel as justification for violations, 47, 54–58; defenses and justifications for violations of, 49–67; definition of foreign surveillance intelligence, 42; effectiveness of Bush's illegal wiretapping as justification for violations of, 58–60; and FISA Amendments Act, 47–49, 63–65, 122–24, 133; and FISA court, 42–43, 48, 56, 122–23; “freedom of information” clause needed in, 125; lies by Bush on violations of, 44; 9/11 attacks as justification for violations of,
49–51; Nixon defense for Bush's violations of, 61–62; passage of, 42; penalty for violations of, 43, 63, 133; president's role as commander in chief as justification for violations of, 60–61; and Protect America Act (2007), 47; purpose of, 42, 57, 62; recommendations on reclaiming protections against unchecked surveillance in, 122–25; and savings clause, 63–64; statistics on warrant applications under, 43; statute of limitations on violations of, 65–67; updates of, 43; warrant procedures of, 39–40, 42–43, 123; and wartime conditions, 43, 52

Fourth Amendment, 39, 40–41, 62

Fox News, 53, 54

France, 142, 148–49

Franco, Francisco, 146

Frankfurter, Felix, 110

Franks, Tommy R., 10, 147

fraud: definition and elements of criminal fraud, 2, 4, 7, 14–15; laws on, 4–7.
See also
conspiracy to defraud U.S. government

Freedom of Information Act, x, 123, 124, 126, 136

Frontline
, and Woodward on war plans for Iraq, 10

Froomkin, Dan, 112

Frost, David, 61

Gallagher, Katherine, 142, 149

Garcia, Diego, 152

Garzón, Baltasar, 145, 146, 166

Gates, Robert, 37

Gellman, Barton, 18, 52, 76