Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Sunday, September 24, 2006

Lines of Evidence Related to Arizona-Based Geneva Violations

This is a list of evidence which has emerged in Arizona.

It relates to alleged war crimes planning, coordination, and other grave breaches of Geneva.

May be of interest when comparing to the rendition war crimes FOIA list.

* * *

The entire line of evidence clearly shows the contractors, senior managers, and other DOD and CIA officials and Members of Congress knew the laws, but failed to meet the requirements.

The personnel unreasonably relied on memoranda that said inhumane treatment could be used. Lesson plans, training, and other pre-deployment checklists failed to ensure that the Constitution, oath of office, and Supreme Law in treaties was followed.

There was a common, illegal agreement to put loyalty to secrecy above loyalty to the oath. The training did not adequately change after Rasul. Rather, the CIA continued to request immunity for activity they knew, or should have known, going forward from 2001 was illegal.

Funds were transferred. Those contracts are only enforceable if they fully implemented all legal requirements. From 2001 going forward, there is little evidence the illegal activities were adequately overseen, or that after detection, the subsequent training was modernized to fully comply with Geneva.

Participants had the option to opt out. The defendants allegedly relied on illegal opinions, not lawful assertions. No person with their 5100.77 training could have relied on these statements as being lawful.

It is not reasonable to rely on unlawful opinions when those results are clearly at odds with Geneva. It is not appropriate for 5100.77 programs to have been implemented in such a reckless manner. The Secretary of Defense and DoD General Counsel knows, or should know, the 5100.77 Laws of war Program. There is no excuse for the DCAA audit reports, if ever completed, would have been ignored; or why no audits would have discovered these grave braches using Statement on Accounting Standard 70.

Contractors Allegedly Providing Illegal Training To US Government

Facilities: Congressional funds were allocated for felicity modernizations which supported the illegal planning, training, and breaches of Geneva.

Hiring Notices: Personnel required military experience, indicating they had to know 5100.77.

Military Specifications: Procedural requirements were known; not something that could be ignored.

Training Programs: Defective. Training problems go back to 2001, but not credible defense for why training outcomes did not fully comply with Geneva. DoJ and DOD orders were not lawful, and personnel involved with 5100.77 knew or should have known the orders were illegaly, and inhumane treatement imposed despite Geneva.

Course Syllabus: Fails to demonstrate full Geneva compliance.

Budgets: For unlawful purposes, violated Article 1 Section 9.

Contacts: For illegal objective, not enforceable, yet no record of contact with the US Attorney, CID, or other outside personnel.

Program Status Reports: Recurring reports, but management never reviewed whether the outcomes were or were not lawful.

Lesson Plans: Clearly supporting illegal outcomes, inhumane treatment, but never rejected, but accepted as a contract data delivery. The reports appear to have been thrown in the corner, not subject to credible legal review, nor a comparison with Geneva.

Coordination With Sandia: Multi-agencies, interfacing with the NSA, and other lab programs linked with advanced concepts. Message traffic, trip reports, e-mail, and messages confirm there were ongoing communications, but no refusal to cooperate with the alleged illegal activity.

Use of NSA-Intercepted Data: Interface equipment, high speed data

Knowledge of Geneva, 5100.77: Arguably reckless.

Senior DoD Military Commander Involvement Failure to implement and apply experience otherwise paid for. Flag Officer, 4-stat involvement, Senate Confirmation action item.

Communications and Memoranda with Congress After Detection: Post-discovery. Presidential, NSC, NSA, CIA communications with contractors over concern with involvement. Discoverable. Non-privileged. Related to fraud, and illegal activity. Cannot be protected. Admissible.

Involvement in CIA Detention Center Training: Change in position, evidence of problems. No change in training.

Knowledge of Abuses in Guantanamo, Abu Grahib, and CIA: Lessons were not adequately incorporate into the CIA training, as otherwise required from the outset.

Common Contractors Involved: Same names in Abu Ghraib, concerned with NARUS STA 6400, and surfacing against Arizona contractors, and the CIA support.

Common Commanders: Commanders linked with material support, aircraft, cross flowed from Germany back to other investigations into Fort Sam. Objective was to suppress public discussion on matters.

Schedule Integration: CIA positions filled, training requirements reviewed, positions filled with personnel who did not meet Geneva qualifications.

DoD Performance Reviews: Annual certifications of compliance, not met.

CIA and DIA Program Reviews: Reviews at SES level, not Article III as required under FISA and 5100.77.

Training Progress Reviews: Certification check sheets not consistent with Geneva requirements.

Coordination on Congressional Language: Post-discovery concern, message traffic, Legislative communications are not privileged. Admissible, related to post-2001 decision.

Timeline of DOJ Memoranda: Shows when personnel knew, or should have known of problems, but failed to shut down, investigate, or issue cease work orders.

Technical Writer Knowledge: Allegedly linked with SAIC, Lockheed Martin; outcomes show no regard for Geneva, but NSA-CIA-DOJ unlawful objectives.

Coordination With Other Intelligence Agencies: Same agencies appearing on the Joint Guides, trip reports, e-mails, and memoranda. Same crew as AT&T, NAR&S STA, and the other lines of evidence related to renditions, and DOJ abuses.

Access to Intel Link: Times personnel had access coincide with public news. No reasonable explanation for accessing Intel Link. Information well documented 5100.77, but not put into effect.

Joint Oversight of DOD Contracts: Joint Staff is aware of the GTMO problems. Spike Bowman sent. DoJ/FBI-NAVY-IG aware, documented. Unclear why the lessons weren't injected into the CIA memoranda, CIA IG, or Congressional reviews after first disclosure. Members of Congress have failed.

Progress and Training Updates: No evidence of feedback, despite info on Intel Link; and lessons from Abu Graib.

Feedback from CIA Detention Centers: Progress reports and program success not squared with Geneva; training continued. NO reason for immunity, but communications shows players were well aware of problems, and this prompted the concern.

Changes to Training: Inadequate.

Requests for Immunity, Legal Defense: Evidence of concern with already committed violations. Language granting immunity not lawful. Concerns with public knowledge and discussion of illegal activity. Well discussed on Intel Link and through non-public e-mails.