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Context of 'February 5, 2008: State Official Accuses Department of ‘Willfully Negligent’ Management in Iraq'

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The US State Department includes Iraq in its list of states that sponsor terrorism. [Phythian, 1997]

Entity Tags: US Department of State

Timeline Tags: US-Iraq 1980s

A US State Department report concludes that Iraq continues to support groups on the State Department’s terrorist list. [Jentleson, 1994, pp. 52]

Entity Tags: US Department of State

Timeline Tags: US-Iraq 1980s

A memorandum sent by the Justice Department to Department of Defense General Counsel William J. Haynes states that the military commissions intended to try enemy combatants are “entirely creatures of the president’s authority as commander in chief… and are part and parcel of the conduct of a military campaign.” [Office of Assistant Attorney General, 2/26/2002 pdf file] This raises questions regarding the independence of the commissions. The US government will try the detainees itself, which is why Human Rights Watch later concludes, “Under the rules, the president, through his designees, serves as prosecutor, judge, jury, and, potentially, executioner.” [Human Rights Watch, 1/9/2004] Amnesty International will similarly criticize the fact that “the commissions will lack independence.” [Amnesty International, 10/27/2004] Trial by a court that is not in complete independence from a government acting as a prosecutor is a violation of the defendants’ human rights. Article 14(1) ICCPR [International Covenant on Civil and Political Rights] states: “In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law.” Article 14(5) ICCPR furthermore grants “[e]verybody convicted of a crime… the right to his conviction and sentence being reviewed by a higher tribunal according to law.” But in the plans of the US government such a right is not foreseen. According to Human Rights Watch, “There is no appeal to an independent civilian court, violating a fundamental precept of international law as well as settled practice in the US military justice system.” [Human Rights Watch, 1/9/2004] The Justice Department memorandum advises that “incriminating statements may be admitted in proceedings before military commissions even if the interrogating officers do not abide by the requirements of Miranda.” The “Miranda warnings” are normally a prerequisite for allowing incriminating declarations by a defendant to the proceedings of a criminal trial.

Entity Tags: William J. Haynes, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Manuel Miranda.Manuel Miranda. [Source: Wall Street Journal]Departing State Deartment employee Manuel Miranda, a longtime Republican operative in the Office of Legislative Statecraft who has served in the US Embassy in Baghdad for the last year, writes a memo to US Ambassador Ryan Crocker saying that the State Department’s efforts in Iraq are so poorly managed they “would be considered willfully negligent if not criminal” if done in the private sector. “We have brought to Iraq the worst of America—our bureaucrats,” Miranda writes in the memo, which is cc’d to “ALCON” or “all concerned” at the State Department. “You are doing a job for which you are not prepared as a bureaucracy or as leaders. The American and Iraqi people deserve better.” The US will never win the confidence of the Iraqi people as long as the State Department and the Foreign Service are in control, Miranda writes. Their members are hard-working and willing, he observes, but in his judgment are ill-prepared and incompetent. Instead of a streamlined, efficient management team, Miranda says, the occupation’s civilian governance has been little more than a never-ending battle for bureaucratic control between different agencies and different factions within the same department. He accuses the Foreign Service of suffering from “attention deficit disorder.” “Any American graduate-school study group could do better,” he avers. The State Department responds: “We think Ambassador Crocker and his team are doing a very good job under extremely challenging circumstances. We have great confidence in their ability to carry out their mission.” Miranda is a former legal counsel for then-Senate Majority Leader Bill Frist (R-TN), and was involved in a controversy after he hacked into Senate Democrats’ Capitol Hill computer system, stole a private political strategy memo, and leaked it to the press. [ABC News, 2/8/2008; Miranda, 2/8/2008 pdf file]

Entity Tags: Office of Legislative Statecraft, Manuel Miranda, Ryan C. Crocker, US Department of State, Bill Frist

Timeline Tags: Iraq under US Occupation

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