20091030

Korea needs even more Truth and Reconciliation

In its 2009 International Symposium (see program below*), the Truth and Reconciliation Commission, Republic of Korea (TRCK) collected priceless insights, very comforting for the future of Transitional Justice in Korea and, beyond, for the future of democracy itself.

This country is about to decide which model to follow, with the unique opportunity to not only follow but lead, and even become a role model for all Asia. The Commission has already accomplished a terrific job, and Korea needs it more than ever, not only because more truth needs to come out. But for reconciliation to succeed, Korea needs its government to play its role, to fully support transitional justice as a whole (i.e. beyond the TRCK, the settlement foundation has yet to be established according to the law), and to guarantee the success of national reconciliation. Any failure to do so would definitely send the wrong message to the world about the level of democracy in Korea.

Hopefully, this simply can't happen in this century.

Yesterday, among the cases from Africa, Americas, Africa, and Europe, I expected the most from Rwanda and indeed, ITCR Judge PARK Seon-ki delivered a comprehensive presentation, including precious insights about the local context (i.e. the Gacaca justice system). I only wish he had more time to raise the "national reconciliation" issues, critical in a country where genocide survivors often live in the same village as their torturers.

Dr. Martin Salm (Germany) put the human factor centerstage, and that's a necessity when all you can give to people who lost 3 years of their lives as forced laborers is 500 euros... not much at the micro level, but his EVZ foundation eventually distributed about 5 billion euros to 1.6 million victims across Europe, and that's not petty money. Korea and Japan can learn a lot from this impressive publicly and privately funded international effort, but also from the importance of the care given to grieving individuals often suffering from isolation. Reconciliation is also about replacing bitterness and anger with peace, recognition, and confidence in the future. Strenghtening society and lifting the whole nation instead of letting it rot it in a nationalist dead end. For chaebols often perceived as distant from the people, contributing to this national cause would not only be the high road, but an easy one at that if they want to enhance their own image.

In Korea like everywhere else, victims first need to be officially, and if possible legally, recognised as victims. This usually comes before financial reparations. Condemning methods (beyond potential political / ideological sensibilities) is also essential : the most powerful sentence ever pronounced by Barack Obama is "
we reject as false the choice between our safety and our ideals". Punishing the criminals is yet another level, and Korea will probably fine tune its amnesty / trial ratio. But if much truth remains to be uncovered, the time of reconciliation has come, and that will require pedagogy, sensibility, a lot of work on memory, with visible, tangible, shared elements to not only honor and remember, but also strengthten society and its future.

Honoring the great Latin American literary tradition, former Peruvian Truth and Reconciliation Commission President Salomon Lerner submitted a brilliant text with a universal reach. One can only subscribe to his beautifully crafted focus on the power of words and the clarity of the vision, the importance of "a prudent approach to social expectancies (...) which demands, in turn, a fine and responsible crafting of the discourse and messages", and the need to prolong this writing with "memory, that, in becoming social life and in being fecundated by ethical motivations, becomes a true transformer of history".

I wish Dr. Leigh Payne used a more "responsible crafting of the discourse and messages" in her own conclusions, particularly since those were only temporary conclusions following the first part of her very interesting research on 91 national cases of Transitional Justice. She did use all the right precautions in her speech, but "verba volant, scripta manent", and the slide bluntly singled out TJ systems featuring only truth commissions as potentially "harmful". Such a message could be misunterpreted and thus maybe "harmful" to transitional justice, particularly in countries where truth commissions very existences are threatened... It can be misunderstood and almost sounds like blaming a thermometer for fever : of course, what is "harmful" is the abuses perpetrated, and certainly not the doctor examining the wound and recommanding ways to cure and prevent further damage - what is also "harmful" is the lobby trying to silence the doctor, or to discredit him by depriving him of his most essential tools. TRCs are not into reopening wounds : they are an essential part of the healing process, the guarantee for a better future.

That said, I'm not exactly a model in "fine and responsible crafting of the discourse and messages", and I naturally agree with Dr Payne's results, which look totally logical : Truth Commissions simply cannot work as stand alone tools precisely because they are not meant to work as stand alone tools... except in those countries where they are set up as smoke screens (or rather, as Dr. Payne finely and responsibly put it, "facades"), by governments who want to appear as mature democracies facing their own pasts. That is, fortunately, not the case of Korea, where the TCR was really meant to help the country move to a higher level.

But the TCRK was given a relatively limited reach, and key elements of the Basic Law for the Settlement of Past Incidents have yet to be implemented. Furthermore, the success of the whole system depends on the full support of a government which, these days, can at times appear uncomfortable with transitional justice : as I pointed out earlier**, ultra-conservative die harders keep lobbying against the TCRK, undermining not only Korea's efforts to emerge as a leading nation on the international stage, but also
Japan's efforts to at last face its own dark chapters regarding Korea.

Every voice should be heard in the process : as reminded yesterday, that is the essence of democracy. It is not an easy task but there is no other way. The choice is simple : unity or division, reconciliation or hatred, healing or suffering, more democracy or less democracy. And it's binary : not doing anything, letting time pass and tensions rise is equivalent to killing transitional justice altogether.

So the pressure is certainly not on the Truth and Reconciliation Commission, but on the Korean government, who is compelled to give it a total support. By the end of TRCK's mandate, the world will have an answer : either Korea decides to become a model for Asia, or its rulers decide to cast shame upon themselves.


Blogules 2009 (initially published on Seoul Village - Truth and Reconciliation : which model for Korea ?

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* "The Global Trend of Past Settlement and the Task of Korea to Build National Reconciliation" (20091027) :
Opening Remarks (AHN Byung-ook, President, TRCK)
1. The Justice Balance: When Transitional Justice Improves Human Rights and Democracy (Presentation by Dr. Leigh PAYNE, Professor of Sociology, Oxford University - Questions from AHN Kyong-whan, Professor, SNU and former President of Naitonal Human Rights Commission of Korea)
2. Rwanda Genocide, United Nations International Criminal Tribunal for Rwanda and Lessons from Rwanda and Africa (Presentation by Judge PARK Seon-ki, ITCR - Questions from LEE Suk-tae, Lawyer, Duk Su Law Office)
3. Achievements and Tasks in confronting the Past in Peru and Latin America (Presentation by Dr. Salomon LERNER FEBRES, Rector Emerito, Pontifica Universidad Catolica del Peru and former President of the TRC in Peru - Questions from PARK Koo-byoung, Professor, Ajou University)
4. Will remembrance of National Socialist Crimes never end ? Meaning, tasks, and societal role of the Foundation 'Remembrance, Responsibility and Future' (Presentation by Dr. Martin SALM, Chairman of the Board of Directors, EVZ - Questions from SONG Chung-ki, Professor, Kongju National University)
Wrap up session : Evaluation and Proposal for the Past Settlement of Korea

** see "
President Lee, keep digging" followed by "A Common History".

20091016

ReOpenReOpenReOpen911 - the Pentagony continues

I'm still being harrassed by self proclaimed "Truthers" (see "9/11 Truthers Knockin' At Your Door"). These guys are at the same time very stubborn and very inconsistent : after all these years you would think they eventually found their own "official version" but it keeps changing, moving from one hot air bubble to another.

I tried to figure out their non-euclidian-non-darwinian versioning path for the 9/11 attack on the Pentagon, and It goes like this :

1. Nothing happened on September the 11th, 2001 at the Pentagon.
2. Witnesses and cameras did see a plane crash on the Pentagon, causing a major explosion, but they were all victims of an optical illusion.
3. Plane debris and passenger bodies were found, but they actually were material sent from Hollywood - probably stuff from the Weinstein brothers or that Katzenberg guy, I guess...
4. Right. There WAS an explosion but it was caused by a missile. There NEVER was any plane that day in the vicinity of the Pentagon.
5. To be more accurate, there was not ONE plane but TWO : besides the Boeing, a military aircraft shot the missile.
6. No one testified for the military plane ? Precisely ! It definitely proves the DoD did it : stealth aircrafts have their fingerprints all over' em.
7. Granted, there was a Boeing, and it gave the illusion that it crashed on the Pentagon, but that was a hologram.
8. The CIA hired David Copperfield on that one. He never succeeded in large scale mass illusions, and the sky was totally cloudless that day, but this miraculous hologram establishes the superiority of US innovation. The sound hologram was particularly spectacular.
9. Still not convinced ? I'll play it again, then : the plane did exist and did crash on the Pentagon. Happy now ? What you don't get is that it was a drone remotely operated like a missile. You see, doesn't everything fit ?
10. The 9/11 victims ? They never existed. Or rather : 125 names were picked in the DoD files, 64 among passengers and crew having used American Airlines 77 between September 1991 and August. They all died or disappeared under strange circumstances within hours after the so called attack on the Pentagon.
11. We're getting closer now. To wrap it up : flight American Airlines 77 did take off, with these 64 people on board. But it never landed, because its GPS went berserk : programmed to crash on WTC 7, the plane eventually destroyed the AZF factory near Toulouse, France, on September 21.
12. Anyway, the probability for these very 64 people to meet that very day in this very plane and in this very place is close to zero, so this flight simply cannot have existed. By the way, prove me that God never existed if you dare.
13. The Pentagon doesn't exist. It's a hologram.
14. The United States of America are a hologram created by the KGB.
15. Barack Obama is a hologram remotely operated by Lyndon LaRouche.
16. I'm a hologram programed to reopen each time I'm sent back the image of my own vacuity.

blogules 2009 - see the original on blogules in French ("Truthers : la Pentagonnade continue"), not this mere hologramme

20091015

As if

The Dow Jones Industrial hit the 10k mark, again.

This is not the same index : General Motors or Citigroup Incorporated have gone after September 2008 (AIG left the DJI a little bit earlier). And this is not the same Bank Of America either...
So basically a makeshift index passes a symbolic mark. So what ? This new bubble is simply not sustainable. And Mr Jones cannot make much dough out of industries which often have yet to evolve.

Asia is booming, again.

And real estate bubbles keep inflating in South Korea, Hong Kong, or China. Hu Jintao wants to secure positions for his friends before the 2012 regime reshuffle, and Beijing decided to sacrifice long term economic soundness for short term growth. Seoul also refuses to deflate the housing bubble for fear of accelerating the second dip. LEE Myung-bak knows the demand will grow during the construction of all programs launched before 2008, but hopes that the hard landing will not happen under his "sit and watch".

Financial institutions are racking up profits, again.

Part of their garbage has been collected, but they keep doing business as usual : destroying value in the long term to maximize short term gains, focusing innovation on ways of bending laws, sucking money from places where investments are really needed. Total crap.

...

Three years after the downturn, one year after The Crisis, we are somehow still in denial (see "
This is not a financial crisis"), and the same diagnosis applies.

There's still a lot of greedy money out there : unable to find exciting guaranteed returns (closer to 5% than to the 15-20% they were used to - not enough to hedge inflation which is bound to come back with a vengence), investors keep fueling bubbles in stocks, commodities, gold, currencies, private equities, and even real estate.

Regulation remains a dirty word and everything is done to undermine collective and comprehensive efforts to reform the system.

The question is not if but when the next wake up call comes. Before the end of the year ? H1 2010 ? Will the illusion even last until 2011 ? Will everything collapse big time in 2012 ?

Yet I'm still confident :
in the long term, we are to evolve from free market to fair market.

blogules 2009

20091009

Change has come to Japan.

Change has eventually come to Japan.

The country decided to face its own past, and to reach for its neighbors in a joint effort to restore tragic facts as parts of a common history : confirming the hopes raised by Hatoyama's election, Foreign Minister Katsuya Okada called for joint history text books between Japan, China, and Korea*, and revived the courageous position of former Prime Minister Tomiichi Murayama, who apologied for "damage and suffering" under colonial rule, called for an end to nationalism, and urged fellow Japanese citizens to face their own past.

Indeed, the time has come to set the record straight, and to silence for good ultra-nationalists from all sides, particularly after years of incessant provocations**.

From all sides ? Very much like Obama's speeches denouncing choices made by his predecessor sucked arguments out of warmongers overseas as well as in the US, Japan's call for justice upon itself will expose the impostors who needed such provocations to fuel their own nationalist agendas.

If China is more than eager to cope with say the Nanking Massacre, I'm not sure Beijing regime is willing to abandon its own outright revisionist programs : English scholars recently mocked at China's attempts of claiming (or rather "
hanschlussing") Goguryeo civilization : as if England decided to claim Germany !

Korea itself hasn't yet fully come to terms with its own darkest moments but keeps, as it should, investigating and correcting past wrongdoings.

Yet, not everybody is happy with this, and diehard nationalists keep lobbying against the Truth and Reconciliation Commission***. Doing so, they are actually undermining the nation's efforts to emerge as a great nation on the international stage. Because contrary to what they pretend, more revelations won't bring shame but only pride, respect and praise from other nations.

As a French citizen, I've always felt at the same time an immense respect for Germany and the way post-WWII generations were educated about Nazi atrocities, and ashamed by how late France started admitting its own contributions to the genocide, or its wrongdoings as a colonial power.

As a country accepts its past weaknesses, it strengthens itself for the future, and sends the best message to its youth and to the world. A nation respecting lessons from history is a great and future proof nation.

As it welcomes an invitation for truth and reconciliation from Japan, Korea needs to support its own Truth and Reconciliation Commission more than ever.

And together, Korea and Japan must send the best message to the region and to the world, as role models for a new, peaceful Asia.

blogules 2009

see also "
A Common History" on Seoul Village

* see "
Japanese foreign minister suggests joint history texts" (JoongAng Daily 20091009)
** see too many previous blogules on Japan and China.
*** on Seoul Village : "
President Lee, please keep digging".

ADDENDUM 20091012
This post was published in JoongAng Ilbo today under the title "Japan may face its history"

20090928

dragedies

My "dragédies" are now available on Amazon.com*.

What is a "dragedy" ?

You may have heard about "dragees", sweets you offer to somehow exorcise festive events - generally a wedding or a birth... dragedies basically and nonsensically announce death, which means they can be sweet and sour, sad and funny (my definition of humor being the ability to accept death in general and one's weaknesses in particular, in order to make life in general more acceptable, and one's existence in particular more bearable to others).

This excuse for a book proposes a handful of dragedies, and some definitions, along with a few Seoul crumbs which somehow fell into my lap or lens.

Worms in the city, books in the sky, trouble in the company... these 17 dragédies stretch over three decades and three continents :


- La mer amarrée
- de Vermis Seoulis
- Le Dévisseur
- Le regard d'un ami
- Brouillon
- La Bibliothèque de Babel II
- Neige Sale
- Paranoïa
- Etat de Grâce
- Nouvelles du front
- Le Salon de Lecture
- La Malédiction
- Comin'up next
- Si Paris m'était comptée
- Le blues de la grille
- Rendez-vous Rue Van Boo
- L'Année du Chien


Yup. That's in French. Or kindo. So luckily, it won't be as poorly written as my blogules.

And oh. That's fiction. I mean both the book and this last wishful comment.

Stephane 2009


* "dragédies (la mer amarrée et autres dragédies)" - ISBN:978-1449510916 - website :
dragedies.com - Facebook group. Soccer nerds can still order my other book (also in French), "La Ligue des Oubliés, l'autre histoire du football" : "The League of the Forgotten / The Other History of Football" tells the tales of unlucky soccer players, personalities or events - they didn't even have the chance to exist.


see this post in French

---

ADDENDUM - FAQ ATTN NON-SPEAKING READERS

Q: What if I can't read French ?
A: No problemo : I can't WRITE in French. Besides, there are a few pictures in this excuse for a book.

Q: What on Earth is a dragedy ?
A: dragedy (noun, fem. - pl. dragedies) : bittersweet candy and preemptive death notice. Etym. dragée (tiny, hard confectionery) and "tragédie" (tragedy, or death's foreplay). i.e. "'If I read 'dragedies' ? I almost choked on them !"

Q: Why not "short stories" ?
A: First, I'm not much of a story teller. And to me, it sounds the same as if a painter exhibited his works under the title "40 x 60 in. frames".

Q: Why add a glossary ?
A: I felt the need to put down my vision on such essential concepts as "life", "death", "love", "footballer"...

Q: Why this pen name ?
A: It's not a pen name. MOT (noun, masc.) : French word for "word". 1 - significant unit. 2 - insignificant author.


20090916

Israel accepted as true the choice between its security and its ideals

Ahead of a September 29 presentation to the United Nations Human Rights Council, the United Nations' Fact Finding Mission on the Gaza Conflict released its key conclusions.

Unsurprisingly, both Hamas and Israel have been proven guilty of war crimes in a report covering 36 "incidents".

Between December 2008 and January 2009 or, as I pointed out (see "
A Christmas Gift for Fundamentalists ?"), during the no-top-man's land between Obama's election and his formal inauguration, 13 Israeli and more than 1,400 Palestinians died.

Against Palestinian terrorists, the reports pointed out indiscriminate bombings, but found no evidence of "human shields", bringing even more pressure on Tel Aviv hawks who get most of the blame : disproportionate actions, collective punishment, use of illegal weapons (white phosphorus shells)...

Worse : this is the consequence of wrongdoings by a few rogue soldiers, but "the result of deliberate guidance issued to soldiers", or as Richard Goldstone put it, "policies". I suggested another word for that in "
Israel openly embraces fascism". The report went as far as mentioning "crimes against humanity".

The mission wants the United Nations Security Council to investigate further and to consider bringing charges to the International Criminal Court. If the US don't put a veto on it, it may fly, but up to a certain point : the ICC's jurisdiction is not accepted by Israel.

Israeli hawks denounce an unfair and biased mission and as a matter of fact, Christine Chinkin, a member of the commission, accused Israel of war crimes in an op-ed published last January.

But blaming the thermometer doesn't cure the flu.

And even after the embarrassing revelations on a prominent Israeli human rights activist*, Israeli moderates are more than ever
welcome to speak up and loud against their unruly rulers.


blogules 2009


* Human Rights Watch's Marc Garlasco happens to collect Nazi memorabilia !

20090911

They did it

I just tuned in to my news provider and I'm reading the 6th title or so when a new line appears higher on my computer screen.

They did it

I don't remember the exact title (probably "a plane hits a WTC tower in NYC"), but as soon as I read it I think "this time they did it".

As I click on the link, two images cross my mind : the 1993 attack on the WTC, the failed 1994 attempt to crash an hijacked plane on the Eiffel Tower.

The web is very slow, giving me time to shape images of the tragedy in my mind. From the ground, without looking up. I imagine the first devastated floors of a building, mixing snapshots from previous attacks (Oklahoma City, US embassies) with my memory of the Word Trade Center, with a more claustrophobic feeling, and darkness (more fire, denser surroundings)... Death, but without any human being, dead or alive, in the picture.

The first actual image I get is distant : black smoke rising over lower Manhattan. No details given in the short article, beyond the shock and awe. Similar results on other sites.

I'm not shocked. I'm not awed. Not even surprised. But at the same time sad and angry, empty and very tense, willing to interact with a human being. I spring out of my office and tell colleagues about the attack. I send a few mails, even joking in one (isn't humor all about coping with death ?).

All this takes less than 10 minutes : I have to keep going for a busy day in a busy office tower. And I've got this stupidly important presentation to perform later this afternoon.

A quick peek at news websites every now and then to keep up to date - but the cold brain is still running the show, speculating, and preventing the heart from taking over.

The said "important" meeting will be interrupted by an alert : the tower must be evacuated (we're in France's only high rise area). Masks off.

On the way back home, the cold brain is playing a new movie and this time it features actors. And it's not a silent movie.

I won't see the images of the collapse until I'm back home. Alone in front of a screen much bigger than reality in my memory. That evening, I don't know how many times I zapped to watch again and again the collapse. Like a titanic stake driven into a best friend's heart, pulling the shirt and streets around in a silent scream.

But revulsion and anger peaked later,
when the man supposed to fix things uttered the word "crusade".

20090910

We didn't come here to fear the future. We came here to shape it

"We didn't come here to fear the future. We came here to shape it".

That's a good definition of what politics should be all about, and a perfect punchline for a speech on reforms.

So forget about "fear politics" and embrace "shape politics". Fitter, smarter, trendier, evolutive, creative... what else is in a word ?

Images, maybe. The shape of John McCain's nervous rictus as he was reminded how much he shared with his friend Ted Kennedy on health care. The shape of Nancy Pelosi's nervous smile as she tried to stand up at the right moments to get a few claps from the public option loving liberal part of the audience.

And the audience was tense, alright. The man in charge was telling them : It's not about me, Barack Hussein Obama, it's about you. I can run the country, but YOU can't hide. I'm doing my job, just do yours.

And oh. I'm keeping my eye on the ball : "
we reject as false the choice between our social security and our ideals"


blogules 2009

20090909

Al Franken is not Dan Quayle

You know change has come when the President Of The United States can visit a school and the kids say afterwards "this guy's smarter than me".

Al Franken is by no means POTUS, and learning how to draw a map of one's country is not too demanding a trick*, but this sure beats GWB listening to My Pet Goat or Dan Quayle spelling potato :



* he's performed it before, but videos were shakier

20090905

Republican Appointed Judges : John Ashcroft "repugnant to the Constitution"

Message to Mrs BUSH, CHENEY, ROVE, RUMSFELD, GONZALES, ADDINGTON, YOO... : Justice is coming, and even Republican appointed judges are eager to set the record straight.

I didn't forget John Ashcroft in the list : the "soaring Eagle" was the main target yesterday. And according to US 9th Circuit Court of Appeals, former Attorney General is not only not protected by immunity and thus prosecutable (by Abdullah Kidd or any other victim), but very much likely to be sued since what happened under his watch as chief Destructor Of Justice was "repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history" :

We are confident that, in light of the experience of the American colonists with the abuses of the British Crown, the Framers of our Constitution would have disapproved of the arrest, detention, and harsh confinement of a United States citizen as a “material witness” under the circumstances, and for the immediate purpose alleged, in al-Kidd’s complaint.
Sadly, however, even now, more than 217 years after the ratification of the Fourth Amendment to the Constitution, some confidently assert that the government has the power to arrest and detain or restrict American citizens for months on end, in
sometimes primitive conditions, not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or to prevent them from having contact with others in the
outside world. We find this to be repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history.
(AL-KIDD v. ASHCROFT / "
ABDULLAH AL-KIDD, Plaintiff-Appellee vs JOHN ASHCROFT, Defendant-Appellant" - ca9.uscourts.gov 20090904)*
This document also tells us about the debate and dissents within the court (see "gotcha!"), but on the Judicial Richter's Scale, this is not exactly what I would call "word mincing".

Even Eric Holder and Barack Obama were less direct. They are politicians, but they don't have to speak for Justice. Here, Justice spoke, and rather loudly : this is not the crime of the century but a crime unseen for at least two centuries !

Aggravating circumstances : the crime was perpetrated by the very people in charge of promoting justice ! "It is only the misuse of the statute, resulting in the detention of a person without probable cause for purposes of criminal investigation, that is repugnant to the Fourth Amendment."

Actually, torture, Abu Ghraib, illegal abductions, and all other terrible abuses are nothing compared to this ultimate "misuse" / abuse of power.

This abuse of power has a name : TYRANNY. And the judges dared pronounce the word clear and lound : "the Fourth Amendment was written and ratified, in part, to deny the government of our then-new nation such an engine of potential tyranny.".**

I'm glad that these self evidences are eventually out in the open.

Coming from "not-GOP-unfriendly" judges, that's even greater news for democracy in the US.

Behold ! Change is coming !


* See also "Ashcroft can be sued over arrests, appeals court rules" (LA Times 20090905)

Memo : Al-Kidd v. Ashcrof claims :
"Al-Kidd asserts three independent claims against Ashcroft:
- First, he alleges that Ashcroft is responsible for a policy or practice under which the FBI and the DOJ sought material witness orders without sufficient evidence that the witness’s testimony was material to another proceeding, or that it was
impracticable to secure the witness’s testimony—in other words, in violation of the express terms of § 3144 itself—and that al-Kidd was arrested as a result of this policy (the § 3144 Claim).
- Second, al-Kidd alleges that Ashcroft designed and implemented a policy under which the FBI and DOJ would arrest individuals who may have met the facial statutory
requirements of § 3144, but with the ulterior and allegedly unconstitutional purpose of investigating or preemptively detaining them, in violation of the Fourth Amendment (the Fourth Amendment Claim).
- Finally, al-Kidd alleges that Ashcroft designed and implemented policies, or was aware of policies and practices that he failed to correct, under which material witnesses were subjected to unreasonably punitive conditions of confinement, in violation of the Fifth Amendment (the Conditions of Confinement Claim).
Ashcroft argues that he is entitled to absolute prosecutorial immunity as to the § 3144 and Fourth Amendment Claims. He concedes that no absolute immunity attaches with respect to the Conditions of Confinement Claim. He also argues that he is entitled to qualified immunity from liability for all three claims.
The complaint also quotes the public statements of a number of DOJ and White House officials implying or stating outright that suspects were being held under material witness warrants as an alternative means of investigative arrest or preventative
detention. In addition to this direct evidence, the complaint cites a number of press reports describing the detention of numerous Muslim individuals under material witness warrants.
The complaint further alleges that the policies designed and promulgated by Ashcroft have caused individuals to be “impermissibly arrested and detained as material witnesses even though there was no reason to believe it would have been impracticable to secure their testimony voluntarily or by subpoena,” in violation of the terms of § 3144."


** maybe as a compensation for their mention of "abuses of the British Crown", the judges summoned Sir William Blackstone, a British jurist who died in 1780 (between the US Independence and the US Constitution) : "To bereave a man of life, or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole kingdom. But confinement of the person, by secretly hurrying him to gaol, where his sufferings are unknown or forgotten; is a less public, a less striking, and therefore a more dangerous engine of arbitrary government."

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