May 2, 2005
Civil Rights Group Announces Indictment of George Bush and others for
Torture, Illegal Detention and Murder
The New Jerry Civil Rights Defense Committee announced that it had indicted President Gorge W. Bush, Vice President Dick Cheney, former President William J. Clinton and other high government officials for violations of Federal and State laws ranging from Deprivation of Civil Rights to War Crimes, Torture and Murder. “We are making this indictment and we are demanding that these individuals be officially indicted by a Grand Jury for these crimes, and stand trial for them.” said Eric Lerner, a member of NJCRDC. “We have demonstrated that there is more than enough evidence to show the ‘probable cause’ needed for these indictments. The justice system must begin to bring these powerful criminals to justice.”
The indictments are in connection with the mass detention without charge of tens of thousands of immigrants within the United States, and of tens of thousands of other detainees, and the torture of at least many hundreds, all held with charge or trial in Iraq, Afghanistan, at Guantanamo Bay and elsewhere. The laws violated cited in the indictments, which the NJCRDC released today, include Deprivation of Rights under Color of Law (18 USC 242), Conspiracy against Rights (18 USC 241), Criminal Restraint (NJ 2C:13-2), War Crimes (18 USC 2441), Torture (18 USC 2340), and Murder (18 USC 1111). Those indicted are Pres. George W. Bush, Vice Pres. Dick Cheney, former President William J. Clinton, Secretary of Defense Donald Rumsfeld, former CIA Director George Tenet, former Attorney General John Ashcroft, former Secretary of Homeland Security Tom Ridge, Attorney General Alberto Gonzales, Vice Presidential Counsel David Addington, Gen. Geoffrey Miller, Gen. Ricardo Sanchez and Sheriff Jerry Speziale.
The indictments were decided at a meeting April 30 at Rutgers University, New Brunswick, NJ, sponsored by NJCRDC, the Graduate Student Association, NJ Workers Democracy Network, Central Jersey Coalition Against Endless War, and NJ Anarcha-Feminists. At the meeting, NJCRDC members presented evidence to participants acting as a Grand Jury. “We could discuss only small fraction of the documentary evidence, “ said Stan Organek, another NJCRDC member,” but it was much more than sufficient to show that torture and murder are not the work of a few bad apples, but are policies decided at the top levels of government.“ The evidence demonstrate that the detentions without trial and torture both of immigrants in the US and others held as “enemy combatants” abroad are gross violations of the Constitutional rights guaranteed to all, citizen and non-citizen, by the Fourth, Fifth and Sixth Amendments of the Bill Of Rights, as well as violations of the Geneva Conventions and of the Convention against Torture.
The violations of these rights by government official are crimes under US laws including the law prohibiting the Deprivation of Rights under Color of Law, which prohibit the violation of any constitutionally-protected rights and the War Crimes Act, which prohibits US officials from violating any provisions of the Geneva Conventions. The officials accused have discussed the possibility of their being prosecuted under such laws, notably in a now-infamous August, 2002 memorandum justifying the use of torture.
NJCRDC plans to document on its website (http://www.nj-civilrights.org) over the coming weeks the most important documentary evidence supporting the indictments, some of which has already been compiled by the Center for Constitutional Rights in its indictments of Donald Rumsfeld and others in a German court. The group plans, together with other organizations, to hold a People’s Court Trial of George W. Bush and the other defendants in the fall.
Text of Indictment:
Indictment of George W. Bush, Dick Cheney, William J. Clinton, Donald Rumsfeld, George Tenet, John Ashcroft, Tom Ridge, Alberto Gonzales, David Addington, Geoffrey Miller, Ricardo Sanchez and Jerry Speziale for:
Deprivation Rights Under Color of Law (18 USC 242)
Conspiracy Against Rights (18 USC 241)
Criminal Restraint (NJ 2C:13-2)
War Crimes (18 USC 2441)
Torture (18 USC 2340)
Murder (18 USC 1111)
Timeline for Illegal Mass Detention of Immigrants:
Deprivation of Rights, Conspiracy Against Rights, Criminal Restraint
1996: Pres. William J. Clinton Signs Illegal Immigration and Immigrant Responsibility Act, setting up System of Unconstitutional detention of immigrants
2001-Present: Attorney General John Ashcroft and Homeland Secretary Tom Ridge authorize the mass detention of tens of thousands of immigrants
2001-Present: Sheriff Jerry Speziale of Passaic County, along with many co-conspirators in other counties, illegally detain immigrant in county jails
Indictment of Jerry Speziale for:
Deprivation Rights Under Color of Law (18 USC 242)
Jerry Speziale did under color of law willfully subjected thousands of detainees to the deprivation of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by detaining them at Passaic County jail without criminal charge, guaranteed access to counsel or trial by jury and did conspire to cause to Resendo Lewis and other detainees bodily injury by beatings, attacks by dogs and other methods.
Criminal Restraint (NJ 2C:13-2)
Jerry Speziale did unlawfully restrain thousands of detainees at Passaic county Jail without criminal charge.
Indictment of John Ashcroft and Tom Ridge for:
Deprivation Rights Under Color of Law (18 USC 242)
John Ashcroft acting as Attorney General and Tom Ridge, acting as Secretary for Home Security did under color of law willfully subjected thousands of detainees to the deprivation of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by ordering them detained them without criminal charge, guaranteed access to counsel or trial by jury. These detentions led to Resendo Lewis and other detainees being caused bodily injury by beatings, attacks by dogs and other methods.
Criminal Restraint (NJ 2C:13-2)
John Ashcroft, acting as Attorney General, and Tom Ridge, acting as Secretary for Home Security did unlawfully restrain thousands of detainees at County Jails in New Jersey without criminal charge.
Indictment of William J. Clinton for:
Deprivation Rights Under Color of Law (18 USC 242) and Conspiracy Against Rights (18 USC 241)
William J. Clinton did conspire with others to, under color of law willfully subject tens of thousands of detainees to the deprivation of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by signing into law unconstitutional provisions of the Illegal Immigration and Immigrant Responsibility Act of 1996. These provisions allowed the detention of immigrants without criminal charge or trial when they applied for asylum, when the Attorney General deems that they should be deported, or when they had had a prior conviction for a vast range of crimes, violating the prohibition against being punished twice for the same offense. The provision denied the immigrants right to counsel, right to a trial by jury and specifically denied them any form of judicial review.
Timeline for War Crimes and Illegal Detention, Torture, and Murder of “Enemy Combatants”
October, 2001: Vice President Dick Cheney and VP Counsel David Addington advocate detention without charge or trial
October, 2001: G.W. Bush issues secret finding authorizing killing of US citizens and non-citizens
Nov. 16, 2001: Pres. George W. Bush Issues Military Order authorizing unconstitutional detention without charge of non-citizens
November, 2001: mass detention begins in Afghanistan and at Guantanamo Bay
December, 2001: George Bush authorizes DOD and CIA to set up secret detentions centers around the world, Special Access Program, to conduct torture. Such torture initiated
Januray ,2002: Alberto Gonzales advises suspension of Geneva conventions regarding detainees
February 7, 2002: Bush issues Memorandum that Geneva Convention does not apply to detainees, “unlawful combatants”
June, 2002: US Citizen Jose Padilla is detained in Chicago as “enemy combatant”
August 1, 2002: Upon initiative of Cheney, Addington and Gonzales Drafts Memorandum from Jay S. ByBee, Asst Attny General, justifying torture. Memo is approved by Offices of Present, VP and National Security Council
October 2002: General Geoffrey Miller request authorization of torture techniques at Guantanamo
November, 2002: intensified torture begins at Guantanamo
November, 2002: Reply to Sen. Carl Levin confirms claim of Presidential authority to seize anyone anywhere as enemy combatant.
November 2002: US Citizen Kamal Derwish is murdered on orders of Bush
December 2002; Donald Rumsfeld Approves list of interrogation techniques including forced nudity, suffocation by hooding, dogs
August, 2003: Rumsfeld sends Miller to Iraq to convey torture techniques there
September, 2003: Sanchez approves torture techniques including enforced nudity, use of dogs, extreme temperatures, sleep deprivation
September, 2003: Torture incidents begin at Abu Ghraib
Indictment of Geoffrey Miller for:
War Crimes (18 USC 2441)
Geoffrey Miller did commit grave breaches of the Geneva Conventions by ordering coerced interrogation of hundreds of detainees at Guantanamo Bay, by subjecting them to humiliating and degrading treatment, including the forced removal of clothing, sleep deprivation, sensory deprivation, subjection to loud and prolonged noise, by denying them medical care and by submitting them to torture.
In addition, Miller did commit additional grave breaches of the Geneva Conventions by recommending similar treatment to civilian detainees and prisoners of war held in Iraq.
Torture (18 USC 2340)
Geoffrey Miller did commit torture against at least dozens of detainees at Guantanamo Bay by ordering them subjected to extremes of heat and cold, shackled in painful positions for many hours, subjected to beatings with batons, all of which caused the detainees severe pain and suffering. In addition he ordered them threatened with dogs, subjecting them to threat of severe pain and suffering by dog-bite. In addition he ordered that detainees be threatened with transfer to countries known for extreme methods of torture.
Indictment of Ricardo Sanchez for:
War Crimes (18 USC 2441)
Ricardo Sanchez did commit grave breaches of the Geneva Conventions by ordering coerced interrogation of hundreds of detainees in Iraq, by subjecting them to humiliating and degrading treatment, including the forced removal of clothing, sleep deprivation, sensory deprivation, subjection to loud and prolonged noise, by denying them medical care and by submitting them to torture. Furthermore when Sanchez was informed by the ICRC of additional torture and degrading treatment occurring in detention centers throughout Iraq, he did nothing to stop these acts.
Torture (18 USC 2340)
Ricardo Sanchez did commit torture against at least dozens of detainees in Iraq by ordering them subjected to extremes of heat and cold, shackled in painful positions for many hours, all of which caused the detainees severe pain and suffering. In addition he ordered them threatened with dogs, subjecting them to threat of severe pain and suffering by dog-bite.
Indictment of Donald Rumsfeld for:
War Crimes (18 USC 2441)
Donald Rumsfeld did commit grave breaches of the Geneva Conventions by ordering the coerced interrogation of detainees at Guantanamo, by subjecting them to humiliating and degrading treatment, including the forced removal of clothing, sensory deprivation, stress positions, and torture.
In addition, Donald Rumsfeld did commit grave breaches of the Geneva Conventions by ordering, as civilian chief of the US armed forces, the mass detentions of civilians in Iraq and Afghanistan, without charge or trial.
In addition Donald Rumsfeld did commit grave breaches of the Geneva Conventions by failing to stop torture in Iraq after it was reported to him the Red Cross and by failing to prosecute any officer directly involved in such torture, despite recommendations from his own investigators.
In addition Donald Rumsfeld did commit grave breaches of the Geneva Conventions by directing General Miller to transfer coercive interrogation techniques banned by the Geneva conventions and torture techniques to Iraq.
Torture (18 USC 2340)
Donald Rumsfeld did commit torture by ordering that detainees at Guantanamo be threatened with dogs, subjecting them to threat of severe pain and suffering by dog-bite.
In addition Donald Rumsfeld did commit torture by ordering a “special access program” for holding detainees in various countries in complete secrecy and subjecting them to a specific list of tortures, including subjection to extremes of heat and cold, and repeated near-drowning(water-boarding).
In addition Donald Rumsfeld did conspire with others to commit torture by directing General Miller to transfer torture techniques to Iraq, by acting to continue the use of torture after he had been informed of its commission, and by acting to protect from prosecution all officers who committed torture. During the commission of the acts of torture that he conspired to commit, at least 28 detainees died.
Indictment of George Tenet for:
Torture (18 USC 2340) and War Crimes (18 USC 2441)
George Tenet did commit torture and did commit grave breaches of the Geneva conventions by the following overt acts:
Ordering, under the Special Access Program, and otherwise, the secret detention of Hiwa Abdul Rahman Rushul, Khalid Shaikh Mohammed, Abu Zabaida and dozens of other detainees without any contact with the outside world and ordering them subjected to tortures including water-boarding, severe beatings, subjection to extreme temperatures, suspension in painful positions, denial of pain-killing medicine after gunshot wounds, severe burning by hot metal, asphyxiation and by threat of death and sexual assault against themselves and members of their families. During such torture an unknown number of detainees died, including Manadel al_Jamadi, Abdul Wali and Abid Hamad Mahalwi.
Ordering the detention and transfer of over 100 detainees including both US citizens, such as Ahmed Omar Abu Ali, and non-citizens, such as Canadian Maher Ahmed, to countries known for torture, to be tortured at CIA direction under the program know as “extraordinary rendition”.
Murder (18 USC 1111)
George Tenet did commit murder by ordering the killing by Predator drone of US citizen Kamal Derwish.
Indictment of Alberto Gonzales for:
War Crimes (18 USC 2441)
Alberto Gonzales did commit grave breaches of the Geneva Conventions by advising President George Bush in written memos to suspend the application of the Geneva conventions to detainees.
Alberto Gonzales did commit grave breaches of the Geneva Conventions by drafting of a legal memorandum justifying and authorizing the use of torture on detainees.
Torture (18 USC 2340)
Alberto Gonzales did conspire with others to commit torture by drafting, in July, 2002, a legal memorandum justifying and authorizing the use of torture on detainees.
Deprivation Rights Under Color of Law (18 USC 242) and Conspiracy Against Rights (18 USC 241)
Alberto Gonzales did conspire with others to under color of law deprive detainees, both US citizens and non-citizens, including but not limited to Jose Padilla, of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by inserting into a draft legal memorandum the authorization of the President to detain at will without charge or trial anyone in the United States or in the world. This conspiracy included plans to inflict bodily harm, as it authorized the President to order the torture of any detainee.
Indictment of Dick Cheney and David Addington for:
War Crimes (18 USC 2441)
Dick Cheney and David Addington did commit grave breaches of the Geneva Conventions by directing in October, 2001 that a Presidential order be drafted authorizing the indefinite detention without charge of detainees and their subjection to military tribunals.
In addition Dick Cheney and David Addington did commit grave breaches of the Geneva Conventions by initiating, in July, 2002, the drafting of a legal memorandum justifying and authorizing the use of torture on detainees. They then approved the final memorandum.
Torture (18 USC 2340)
Dick Cheney and David Addington did conspire with others to commit torture by initiating, in July, 2002, the drafting of a legal memorandum justifying and authorizing the use of torture on detainees. They then approved the final memorandum.
Deprivation Rights Under Color of Law (18 USC 242) and Conspiracy Against Rights (18 USC 241)
Dick Cheney and David Addington did conspire with others to under color of law deprive detainees, both US citizens and non-citizens, including but not limited to Jose Padilla, of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by inserting into a draft legal memorandum the authorization of the President to detain at will without charge or trial anyone in the United sates or in the world. This conspiracy included plans to inflict bodily harm, as it authorized the President to order the torture of any detainee.
Indictment of George W. Bush for:
Deprivation Rights Under Color of Law (18 USC 242)
George W. Bush did under color of law willfully subjected thousands of detainees within the United States to the deprivation of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by approving the actions of John Ashcroft and Tom Ridge in detaining them without criminal charge, guaranteed access to counsel or trial by jury. These detentions led to Resendo Lewis and other detainees being caused bodily injury by beatings, attacks by dogs and other methods.
In addition, George W. Bush did under color of law willfully subjected thousands of detainees outside the United States to the deprivation of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by on Nov. 16, 2001 issuing a Military Order authorizing unconstitutional detention without charge of non-citizens.
Conspiracy Against Rights (18 USC 241)
George W. Bush did conspire with others to under color of law deprive detainees, both US citizens and non-citizens, including but not limited to Jose Padilla, of their rights to due process under the Fourth, Fifth and Sixth Amendments to the Constitution by approving a legal memorandum authorizing the President to detain at will without charge or trial anyone in the United States or in the world. This conspiracy included plans to inflict bodily harm, as it authorized the President to order the torture of any detainee.
War Crimes (18 USC 2441)
George W. Bush did commit grave breaches of the Geneva Conventions by authorizing the Special Access Program that led to the secret detention of Hiwa Abdul Rahman Rushul, Khalid Shaikh Mohammed, Abu Zabaida and dozens of other detainees without any contact with the outside world and ordering them subjected to tortures including water-boarding, severe beatings, subjection to extreme temperatures, suspension in painful positions, denial of pain-killing medicine after gunshot wounds, severe burning by hot metal, asphyxiation and by threat of death and sexual assault against themselves and members of their families. During such torture an unknown number of detainees died, including Manadel al_Jamadi, Abdul Wali and Abid Hamad Mahalwi.
George W. Bush did commit grave breaches of the Geneva Conventions by authorizing the detention and transfer of over 100 detainees including both US citizens, such as Ahmed Omar Abu Ali, and non-citizens, such as Canadian Maher Ahmed, to countries known for torture, to be tortured at CIA direction under the program know as “extraordinary rendition”.
George W. Bush did commit grave breaches of the Geneva Conventions by issuing in February 7, 2002 a Memorandum stating that Geneva Convention does not apply to detainees, “unlawful combatants”
Torture (18 USC 2340)
George W. Bush did commit torture by authorizing the Special Access Program that led to the torture of dozens of detainees.
George W. Bush did commit torture by authorizing the detention and transfer of over 100 detainees including both US citizens, such as Ahmed Omar Abu Ali, and non-citizens, such as Canadian Maher Ahmed, to countries known for torture, to be tortured at CIA direction under the program know as “extraordinary rendition”.
George W. Bush did commit torture by approving in August, 2002, a legal memorandum justifying and authorizing the use of torture on detainees. This memorandum was then used to justify torture directives issued by subordinates including Donald Rumsfeld, Geoffrey Miller and Riccardo Sanchez, among others. These directives in turn caused the torture of thousands of detainees and the deaths of at least 28.
Murder (18 USC 1111)
George W. Bush did commit murder by ordering the killing by Predator drone of US citizen Kamal Derwish.
George W. Bush did conspire to commit murder by issuing a secret finding in October 2001 authorizing the CIA to kill those he designated, either US citizens or non-citizens, anywhere in the world.
