The Case Against the Bush Administration for War Crimes

Enemy Combatant: Human Rights and the Narrative of Moazzam Begg

M. M. Millican

The US Army Field Manual on Interrogation FM 54-32 (FMI)
Unlawful Enemy Combatant: Unlawful enemy combatants are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during an armed conflict. For the purposes of the war on terrorism, the term “unlawful enemy combatant” is defined to include, but is not limited to, an individual who is or was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.

…No person in the custody or under the control of DOD, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in US law.

Detainee Treatment Act of 2005(Detainee 2005)

In General- No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.

Cruel, Inhuman, or Degrading Treatment or Punishment Defined- In this section, the term 'cruel, inhuman, or degrading treatment or punishment' means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.

Universal Declaration of Human Rights (UDHR)

Article 5- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

International Covenant on Civil and Political Rights (ICCPR)

Article 4-
1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may takes measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, color, sex, language, religion or social origin.
2. No derogation from Article(s) […7…] may be made under this provision.

Article 7- No one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment…

Article 9 (not protected from derogation by Article 4)
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial…
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

Article 10 (not protected from derogation by Article 4) - All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

Article 16 (not protected from derogation by Article 4)- Everyone shall have the right to recognition everywhere as a person before the law.

UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Article 1- For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

In the early hours of January 31st 2002 Moazzam Begg, a British citizen born and raised in Birmingham, UK was abducted from a home in Islamabad, Pakistan by Inter Service Intelligence (Pakistani intelligence services) and the CIA. Moazzam Begg had just recently been reunited with his family, his wife, daughter and son, from whom he had been separated since their flight from Kabul, Afghanistan when the first American cruise missiles starting falling on October 17th 2001, thereby initiating the 7-plus year war on terror conducted by NATO and the US, under the orchestration of the Bush Administration. He was in Islamabad seeking shelter after losing his home and occupation in Kabul. Mr. Begg had been living and working in Kabul in a humanitarian capacity for just under one year when the war began. He was responsible for the foundation of a girl’s school in Kabul, a city which constituted a vacuum of opportunity for young women in Afghanistan under the Taliban Government; essentially, Begg was engaged in a noble humanitarian effort. Mr. Begg was affiliated with neither the Taliban, nor Al-Qaeda. He considered himself a British citizen, with the desire to aid a country with strong links to his ancestral past, and his proclaimed religious faith. Moazzam was and is a practicing Muslim. Mr. Begg had also been involved in similar humanitarian efforts in other Muslim countries, such as Bosnia during the war in the Balkans, Chechnya in their battle against Russia, and Afghanistan. Mr. Begg had never taken up arms himself, and had never been involved with groups who fought or otherwise attacked the US, NATO or the UK. Mr. Begg had no knowledge of the planning or intent to attack the US by Al Qaeda until September 11, 2001 when he, with the rest of the world, discovered that fact.
From January 31, 2002 to January 26, 2005 Moazzam Begg was detained by ISI, the CIA, the US Military, MI5, MI6, and Scotland Yard in Islamabad, Pakistan; Kandahar, Afghanistan, Bagram Air Force Base, Afghanistan; Guantanamo Bay, Cuba; and London, England. For 22 months Mr. Begg was held in solitary confinement at Camp Echo in Guantanamo. He was the first prisoner ever to be housed in that cell block. No charges were ever brought against him by the US or the UK. What was the reason for his detainment? Someone in the bureaucracy of the United States Government had labeled Mr. Begg an ‘unlawful enemy combatant’. In Enemy Combatant: My Imprisonment at Guantanamo, Bagram, and Kandahar Begg relates the story and experience of his internment by the United States, and provides an autobiographical sketch of his life prior to his involvement with the so called “war on terror”. His narrative is an indictment of the United States’ policies of indefinite detention, extraordinary rendition, and detainee interrogation techniques, which have led to egregious human rights abuses and which have broken a plethora of international laws and treaties to which the United States is bound. These policies have also crossed constitutional boundaries by attempting to expand the power of the executive branch in the United States and abroad, at the expense of some the core values central to American life.
At the outset of this paper are listed just a few of the international human rights conventions that the US has overstepped, or nearly shattered due to US policy in the wars against Afghanistan and Iraq. Also listed are the Detainee Act of 2005 and the Army Field Manual for Interrogations, which was updated in 2006 with an Appendix detailing interrogation techniques which are prohibited and those which are allowed. The intent of this paper is to use the aforementioned conventions and jurisprudence, along with the Geneva Convention III Relative to the Treatment of the Prisoners of War, the UN Standard Minimum Rules for the Treatment of Prisoners, and the US Uniform Code of Military Justice in conjunction with Mr. Begg’s narrative, in order to “make a case” against the handling of the wars in Afghanistan and Iraq by the US and the executive branch, and to show how far the US has overstepped its international commitments via the declaration of a state of emergency founded on the attacks of September 11. The intent is not to apply the rights conventions to the narrative as if they were some form of technology, but instead to give examples of how the US has shattered the possibility for a world that it had hitherto aspired towards. Following the discussion of the narrative proper, some of the theoretical concerns pertaining to the policies of indefinite detention, extraordinary rendition and harsh interrogation will be taken into account.
I. Prisoners of War?
On August 12, 1949 countries from around the world convened in Geneva, Switzerland to complete the draft of Geneva Convention III Relative to the Treatment of Prisoners of War (GIII). This convention was a supplement to the two previous international agreements concerning the status of prisoners of war, the 1899 Hague Convention II and the 1907 Hague Convention IV. GIII covered everything from the treatment of prisoners of war during internment and their rights during the course of hostilities, to the repatriation of POWs after hostilities are ceased. GIII has been the guiding principle of war time captivity since its ratification. The US Uniform Code of Military Justice, to which POWs are bound, has been written with the provisions of GIII contained therein. The inspiration for GIII was the abuse POWs suffered during World War Two at the hands of the German army, which included forced labor, torture, arbitrary murder and the crime of Genocide, all of which took place in the internment and concentration camps in German occupied territory. The countries which ratified GIII sought a way in which to practice a more enlightened form of warfare, in which prisoners on both sides were treated humanely. The provisions of the convention are, therefore, aimed toward this end. Importantly the convention also stipulates in Article 131 that,
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding article.

Article 130, to which 131 refers, provides a guiding thread for examining the manner in which the US has neglected its commitment to an enlightened form of warfare, by listing the myriad abuses which have been perpetrated in the name of justice in the war on terror:
Grave breaches [of the convention] shall be those involving any of the following acts, if committed against persons or property protected by the Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or willfully depriving a prisoner of war of the rights of a fair and regular trial prescribed by this convention.

The Convention clearly stipulates that all prisoners of war must be treated in a humane manner in Article 13:
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present convention…prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity… Measures of reprisal against prisoners of war are prohibited.

The Convention also has a strict ban on the use of coercive interrogation techniques in order to obtain military or civilian intelligence in Article 17, or of forcing a confession of guilt in Article 99:
17- No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

99- No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.

Most importantly, Article 12 stipulates that, “Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them [POWs].” This clearly states that regardless of who, in particular, is responsible for the actual internment of POWs in a POW camp or detainment facility, it is ultimately the Detaining Power, or the High Contracting Party, the state, that is responsible for the treatment of POWs. In the US during war-time, this power is held by the Executive Branch, and ultimately, the Commander-in-Chief. This responsibility is not something the Bush administration has relinquished, however. The administration has just chosen to play by a different set of rules.
To be entitled to the rights provided by GIII, a prisoner must initially be regarded as a ‘lawful enemy combatant’ by the detaining power. Lawful enemy combatants are defined in Article 4 of GIII; however, for our purposes here, I suggest that we use the definition of lawful enemy combatant contained in the US Army Field Manual on Interrogation (FMI), the obverse of which is quoted at the beginning of this work. The FMI is true to the definition of lawful enemy combatants provided in GIII.
Lawful enemy combatants, who are entitled to protections under the Geneva Conventions, include members of the regular armed forces of a State Party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State Party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.

The most important part of this definition, and a part on which countless unlawful enemy combatant classifications have been made, is the reference to “a fixed distinctive sign recognizable at a distance.” This requirement thereby provides the justification for labeling anyone dressed in civilian clothes while taking up arms against a hostile force as an unlawful enemy combatant. In Afghanistan, where many of the fighters in Al Qaeda, the Taliban and other groups hostile to the NATO force, have nothing to wear other than civilian clothing, or traditional Afghan dress, this distinction becomes a ludicrous means to justifying the classification of an enemy combatant as unlawful. However, this is not the only ludicrous means of justifying the classification of unlawful enemy combatant to members of Al Qaeda and the Taliban, which thereby denies these people the rights provided by GIII. In its definition of ‘unlawful enemy combatants’ FMI states:
For the purposes of the war on terrorism, the term “unlawful enemy combatant” is defined to include, but is not limited to, an individual who is or was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.

Therefore, even if an Al Qaeda or Taliban member were to clearly follow all of the laws of war as they are laid out in the Geneva Conventions (necessary for the classification as a lawful enemy combatant by GIII), and the detaining power came to the conclusion that the person in detention was directly or materially involved with Al Qaeda or the Taliban, etc., then they would thereby be classified as unlawful and therefore lose all of the privileges and rights which GIII provides, even though they had followed all the necessary procedures for legal warfare. FMI thereby contradicts itself through its two definitions of lawful and unlawful enemy combatants.
This Contradiction inherent to FMI contravenes Article 5 of GIII which states:
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4 [which defines who counts as a lawful or unlawful enemy combatant], such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

If the aforementioned “competent tribunal” is forced to decide between GIII Article IV and FMI, then the tribunal will come to an impasse. Thankfully, via Article 5, if the tribunal comes to an impasse, it is thereby unable to determine the status of a detainee, and therefore, the Detaining Power must provide the detainee the protections supplied by GIII, as stipulated in Article 5. Unfortunately, the US has not created a competent tribunal for this function during the wars in Iraq and Afghanistan, and has instead relied on similar definitions as those enumerated in FMI. Therefore, if the military, the CIA, or any other American agency suspects that a detainee has had direct or material contact with “Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners,” then the detainee is thereby classified as unlawful, and is therefore denied the protection of GIII and that of POW status. Thus we arrive at the murky legal realm which Moazzam Begg occupied during his interment by the US.
First of all, Moazzam Begg was never caught in the midst of a belligerent act against Coalition forces, therefore his classification as combatant is questionable. Moazzam was also never brought before a tribunal whose function was to decide whether or not he was protected as a prisoner of war, or whether he was or should be classified as an illegal enemy combatant. However, since he was never brought before a tribunal to decide his status as a detainee (legal or illegal), the US is therefore in direct contravention of GIII; since it failed to follow the necessary steps for classifying the status of military detainees provided by the convention, and failed to provide Mr. Begg the protections of the convention until it had done so. The treatment of Mr. Begg from the moment he was “detained” resembled nothing like the treatment demanded by GIII.

II. Moazzam Begg
Moazzam Begg was kidnapped by a security agency which was not officially at war (ISI), under the direction of an agency that officially was (CIA). He was then held at a facility in Pakistan for a short period of time under the supervision of ISI; however, there he learned that his real captor was the US. In a conversation with one of the Pakistani guards he was told exactly that:
The first thing he said to me was, ‘Look, son, I don’t know what you’ve done or why the Americans want you so desperately, but you can see that I’ve put you in a room here and not a cell. You’ve done nothing wrong in Pakistan that I know about and I feel bad about having come to your house in the middle of the night…The only reason we‘re doing this is because of the Americans…If we don’t, we’ll be hit so hard by the Americans, by President Bush’s Army. You know that statement of their, “You’re either with us or against us”? Well, we’ve had to take a position.’
The position the ISI had chosen to take was one which was in direct contravention of GIII and international law. The treatment of detainees Begg witnessed during his time in the Pakistani detention center appeared to relay that both the US and Pakistan were in direct violation or Article 3 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states that, “No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” The US had interned a British citizen in Pakistan, (where torture was common practice), and Pakistan later agreed to hand over the same citizen to the USA, with full knowledge that some of the detainees in US custody would then be sent to countries where harsh interrogation techniques amounting to torture would occur. Both the USA and Pakistan are signatories to the UN Convention preventing torture. During his time in the Pakistani detention facility, Begg witnessed first-hand the effects of torture on a fellow cell-mate, which he described in detail:
…I learned first hand something about what Pakistani security officials could really do, and it jolted me out of some of my naivety. At night, I used to hear banging…The banging was not workmen; it was torturers. It went on every single night. They had used a long, thick rubber pipe to whack him, he told me. He had bruises and lacerations all over his back. They also put him on sleep deprivation, and guards came in and out to keep him awake. They also said he could not sit. He had to stand up the entire time, and they made sure he did. (15)

The treatment of this man constitutes a crime under the UN Torture convention. Moazzam was never physically harmed in this manner during his time in Pakistan; however, he was threatened by US officials with extradition to a country where such treatment was likely.
Mr. Begg’s time in the Pakistani facility came to end when the ISI finally transferred custody of Moazzam to the US Military for transport to Khandahar, Afghanistan. From that point on Begg was officially a detainee in the custody of the US military, and under GIII the US was required to determine his status as a POW or as an unlawful enemy combatant by a “competent tribunal”. It was also required that he be provided with all of the rights guaranteed by GIII until such a time that his status as a military detainee be determined. However, the treatment to which Mr. Begg was submitted was not that which was required by GIII.
Article 20 of GIII provides for the protection of detainees during transportation. It states that the “evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their change of station.” However, Begg was blindfolded and chained in an uncomfortable position for the duration of his ride to Khandahar; conditions which are not those required by Article 20. Upon his arrival in Khandahar he was processed as a criminal convicted of a crime and sentenced to time in prison; however, no charge had been laid against him, and no sentence announced. Begg was in a group of detainees, each of whom was processed in a similar manner:
The most humiliating thing was witnessing the abuse of others, and knowing how utterly dishonored they felt. These were men who would never have appeared naked in front of anyone, except maybe their wives; who had never removed their facial hair, except to clip their moustache or beard; who never used vulgarity, nor were likely to have had it used against them. I felt that everything I held sacred was being violated, and they must have felt the same. (112)

The degradation that these men felt, and the dishonor which was laid upon them by US Military personnel was another affront to human dignity, which is not only banned by the Geneva Conventions, The UDHR, the International Covenant on Civil and Political Rights, and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but also by the Uniform Code of Military Justice :
When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

and by the FMI:

All captured or detained personnel, regardless of status, shall be treated humanely, and in accordance with the Detainee Treatment Act of 2005 and DOD Directive 2310.1E, “Department of Defense Detainee Program”, and no person in the custody or under the control of DOD, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in US law.

The humiliation to which these men were exposed was degrading and inhuman. The immoral character of the actions of these soldiers is enhanced by the fact that some or all of the detainees had not been, and never would be charged with a crime, while the treatment they received could be construed as criminal under Military, International and Constitutional Law.

However, the human rights abuses and the contravention of GIII did not end with this humiliating treatment. After Begg was processed at the Khandahar facility he was given a number and an EPOW, or Enemy Prisoner or War card; a provision which GIII stipulates must be given to all POWs. Here was Moazzam Begg, with a card which classified him as a POW, and yet none of the rights to which the US was bound to provide for POWs under GIII had been granted; a hypocrisy that did not get past the intelligent Briton. The facility in which they were housed in Khandahar was also in direct violation of GIII Article 25: “Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area.” At the Khandahar facility the detainees were kept in a “barn [that] was floodlit from both ends- day and night” (115). The toilet consisted of a bucket, to be emptied each day, and the meals were Army rations, with some of the items removed: accommodations that an American soldier would balk at. Article 25 was ignored at every American detention facility in which Begg was held, from Afghanistan to Guantanamo.
At the American detention center in Khandahar, Begg was able to meet with representatives of the International Committee of the Red Cross (ICRC), which viewed the status of Begg as a prisoner or war: “the ICRC viewed our status as POWs, as far as rights were concerned, but…the Americans had labeled us ‘illegal combatants’, with no rights at all. “(117). Little did Begg realize at that time, but the conflicting views of his position under US military custody would help ignite moral outrage in the UK and the US, which would eventually provide for his release; this conflict was only beginning in 2002. Begg’s conviction that he was without rights was influenced by the fact that no charges were ever made against him during his time in Afghanistan and that he was still captive. “There was never an accusation of being involved in anything, or having prior knowledge of anything.” (130)
During his time in Afghanistan Begg first heard about the process of extraordinary rendition from a man with whom he was interned. This man told Begg the story of how, “he and his stepmother had both been kidnapped by the Indonesian security services, and he had been sent to Egypt, where he was held in a tiny room and interrogated brutally for three moths, before being handed over to the Americans.” (142) This man’s fate was similar to Begg’s in Pakistan; however, the interrogation techniques used against this man were much more harsh, and probably constitute torture under the UN ban on the use of torture. As noted above, the extradition of this man to Egypt from Indonesia is a crime under international law, perpetrated by Indonesia, Egypt and the US. After Begg’s transfer to Bagram Air Force Base, Moazzam too, got a taste of some of the cruel and inhumane interrogation techniques, which the US military has since denied constitute torture.
Begg describes in detail one of his experiences of torture at the hands of the United States in a striking passage from his time at Bagram Air Force Base:
After that first heavy interrogation they took me into another room and left me there. Guards tied my hands behind my back, hog-tied me so that my hands were shackled to my legs, which were also shackled. Then they put a hood over my head. It was stuffy and hard to breathe, and I was on the verge of asthmatic panic. The perpetual darkness was frightening. A barrage of kicks to my head and back followed. Lying on the ground with my back arched, my wrists and ankles chafing against the metal chains, was excruciating… I lost track of day or night, because not only was I usually in the hood, but even when they took it off for me to eat the window was boarded up and although there were little gaps, I couldn’t tell if it was natural light… I was in isolation for about a month or so. Once they kept me from sleeping for about two days and nights. A guard kept coming in, and if I nodded off he woke me. By the end of that I was completely drained and disoriented. I never knew what was going to happen. (157-8)

This harsh interrogation/ torture constitutes an egregious abuse of human rights under numerous conventions and treaties to which the USA is a signatory. Below I will demonstrate that the systematic abuse of detainees in the war on terror was and has been sanctioned by legal opinions regarding the status of certain interrogation techniques at the executive level of the US government. These opinions caused a chain reaction within different agencies and the military, which allowed for abuse to go unchecked for years, while military personnel were unwittingly participating in criminal acts. Begg was exposed to this blatant disregard for the rule of law first hand.
They had autonomy to do whatever they wanted; they could extract information from people in any way they liked. That was the way with all the law-enforcement and intelligence agencies Id experienced in Kandahar and Bagram. The CIA’s unscrupulous methods rubbed off onto the others. (197)

The involvement of the CIA in the interrogation of detainees, notorious for the use of torture through the last half of the 20th century, opened the flood gates for other government personnel to copy or retain CIA interrogation techniques, and to incorporate them into day to day interrogation procedure. These techniques would eventually sneak their way into the world’s collective imagination with the publication of the detainee photos from Abu Ghraib.

Moving On

So,

Today I gave my work notice. My thesis advisor is totally on board with my project, and very soon I will buy my one way ticket back to the Golden State. I am terrified and Excited. I plan on arriving in SF in a few weeks with two bags my wallet, my passport and a pack of smokes. I dont know where I am staying or what I am doing, but I cant wait. The last week of August I will be in Black Rock City, NV for the annual Burning Man festival. Then I will make my way to Cold Springs, CA for some mountain air, some quiet, some exercise, and some manual labor. I left Cold Springs a day before I arrived in NYC, and maybe, for circularity's sake, I will arrive in Cold Springs a day after I leave NYC. They are universes apart, and that is exactly what I need right now. There it is. More plans later.

mmmillican

July Americana

Hello everyone!!!!

I know it has been awhile, but life has been hectic, and full of new decisions, new directions, new locales, and most importantly new unknowns. I hope that everyone is well. Expect fascinating and new announcements in the coming months, but for now I would like to share my experience of July in the US. July will always have a place close to the American heart as the month in which this anarchical hodegepodge we call a nation state declared its independence from the dominant politico-economic-imperial power in the World Great Britain.... My oh My how things have changed.

My first taste of Americana in July came on the weekend of July 4th when I was invited and treated to a wonderful weekend in that "ancient" American city Boston Massachusetts. Aside from some dramatic games of Pinochle, I also experienced what is colloquially known as "Southy" in Boston. Southy is South Boston. Some of you may know the neighborhood from the DEPARTED. It is where Leo's character spent half of his time growing up. I had the good fortune of being invited to two "keggers" in southy, care of my Boston friends Kyle and Daniella. One of these keggers was complete with an ice luge for vodka shots and a game of extreme flip cup.... I am amazed I survived this early afternoon party; however, later in the evening we made our way to a second south kegger, full of strange people who were quite interesting. I cannot say the same for myself. From this second locale we had an amazing view of the fireworks over Boston Harbor....THE site of the boston tea party and overall a beautiful spot on the earth in July. Here is some video from the fireworks:



Whilst in Boston I also did a good amount of walking, which allowed me to see Boston Commons and Cambridge as I had not seen them before. It was also my friends Kyle and Phil's birthdays, which we celebrated on the 5th. (How we were able to survive July 4th is a mystery to me.) Kyle's party was full of current Harvard grad students and Harvard alumni, which made for great conversation and eventually awkward yet exciting situations. We even had our good friend Mikey show up raving about his persuasion robot, which he has been working in the MIT media lab. (http://web.media.mit.edu/~mikeys/)

All in all my 4th of July in Boston was awesome.... except for the South Station on Sunday afternoon.... I am pretty sure that I wandered into one of Dante's circles of hell when I spent a few hours in there. Thankfully, I was able to join my friends at the Barking Crab restaurant while I waited for my bus to depart:




My other experience of Americana in July (aside from the general malaise known as New York City in the Summer) came this past weekend in Minnesota, the coldest state in the union.... during the winter. However, the weather this past weekend was amazingly pleasant, sans July 11th, when the county we were staying in experienced, not one, but two tornado warnings within a 24hour period. I personally had never been in a tornado warning, but let me tell you.... These two storms were INTENSE, and I dont me like Camping in tents, I mean seriously scary and exciting. Our first warning came in the middle of the night. The night sky had been constantly lit up by lightning for approx. 20 minutes straight... something that is rather surreal. The most frightening thing about said lightning is that the air was completely still and calm for those 20 minutes. Then the alert siren across the lake where we were staying began to sound and a wind the likes of which I had never seen descended upon our little hovel and sideways rain began to pummel our cabin and the wind was blowing so hard that it appeared road signs were about to fly off of their moorings. Frightening and exciting. We awoke the next day to fallen branches and lawn chairs in the lake, but and otherwise beautiful day.... Later in the afternoon the storm clouds began to build once again and I sat outside and watched as a storm front from the west sped in around 40 mph carrying spiraling clouds with it which threatened to turn into the proverbial midwest tornado. I thought I was ready after the storm from the following evening... I was wrong. I have never seen a storm move in that quickly with such ferocity. the Wind was literally pushing the rain sideways, and clouds were beginning their descent towards the ground in spiral formations. Thankfully the front passed by our cabin around 7 minutes before the tornadoes hit the ground in Wilmur Minnesota. Here is some video from the storm which passed over our resort.



WOW


Other than the storms, the weekend was wonderful. The occasion was the annual reunion of my Step-Father's family, who live in Minnesota and Iowa. My step dad is the youngest of three sons raised on a family farm in Iowa, and his immediate family has grown to 24 persons, seven which are under the age of 16. Overall a fun and restless weekend.

I guess that is all that I have for now. Talk to you all soon I hope. Take Care.

mmm...illican

Walk to Work Wednesdays

So, Today I started something that I think will become a summer tradition, for at least one day a week. Its called "Walk to Work Wednesdays" This is to go along with "Sober Sundays" and "Fun Day Fridays" etc. IT was a beautiful walk this morning that took to some awesome NYC locals. Past Central Park and Columbus Circle, The Jewish Museum, the Metropolitan Opera House and Lincoln Center, right next to the Huge Church of Latter Day Saints, I get to go by Times Square, Madison Square Garden, Macy's Wander along in Chelsea, and the West Village, Union Square and Washington Square Park, right before I get to my work in Noho. The walk takes about an hour and half, which is great if you consider that the train takes about 40 minutes. So worth the extra effort. It is around a 6 mile walk. Maybe later in the summer I will turn it into a run. We will see. I posted the route above. Check it out. Talk to you later.

Spike

More Dating Resolutions

Soooooooooooooooooooooo, I have come to another conclusion concerning dating. I really need to stop dating brilliant, gorgeous women.It is really that simple. No more she-tigers. The women I have dated/fallen in love with have all been too smart and too good looking. High School: obviously smarter and hotter. College: Brilliant and beautiful. Graduate School: Genius and gorgeous. There is no other way to put this, except to say that hot, smart girls are really not good for me. I mean, they are GOOD for me, too good. Great, actually, but obviously trouble. My Ego cant take the pressure. Like I said before, I am sure there are exceptions to the rule, all rules have exceptions, we must accept this inevitable conclusion; however, for now I will be wary of those feminine creatures that posess both brains and looks. Give me looks or brains, but heaven forbid I get both... Hell, what do you think? ;)

Survey!!!

Just so you know, the Martini Survey to your right allows you to respond to more than one answer.... get after it.

mmm...

A Trick Question.

How long does it take to get from the Lower East Side (aka Delancey and Essex) to the Upper-upper west side (aka 110th and Broadway) @ 3am on a Friday morning, with the three members of the band/group Tornado Rider in tow? Well, if you are me, and I am assuming you are not... because I am me, and you are you and we are not that kind of we; then it takes you around two hours and four trains. I pondered this fact as I stumbled exhaustedly to my new apartment with my tornado riding friends, and thought how absurd the past two hours of my life had been, not to mention the last 7 days thitherto. Two hours during the early morning hours of NYC, journeying between the LES and the UWS is quite a bizarre experience, needless to say. My three friends and I, however, found a wonderful way to pass our strange time together. SHE-rades.... a very informal, impromptu/ improvised form of charades. Since we are men, we decided to limit our categories to female names. Charades in the nether regions of NYC turns out to be a great way to make time fly, whilst one waits in a kafkaesque stupor for trains which may or may not even arrive, or may or may not take you to your desired destination. I thank my friends for providing the possibility of this discovery.

As I watched the sun slowly creep over the horizon on that strange Friday morning, I came to the realization that the sunrise in Manhattan is a fabulous experience, as all of the early morning workers are either leaving their dreary, drunken, or exciting midnight establishments, or setting out for a new day of work, adventure and life. These two categories of New Yorkers stare bleakly into each others faces, wondering how the other half lives, and whether or not they are on the wrong side of the glassy stare. The nether regions of NYC at these moments are testaments to the vibrance of this city, of the continual flow of life, and the infinity of experiences which eek out a living therein. I have seen three sunrises over the past week as I celebrated my last days living in Williamsburg and my transition into manhattan. Each one has been informative, replenishing and punishing. I look forward to more, and less of these experiences. I guess that is all for now. Take care. mmm...

Urban Charity Events

There is a great piece up on David Byrne's blog about the politics and ethics of New York City/urban charity events. You can link to his blog from my page, just click on 'David Byrne' in the "check em' out" section of my blog. He even drops a reference to evolutionary biologists' views on altruism.... so check it out Kyle!!!!

In other news, I am settling in up here on the upper-upper west-side. It is nice to only take one train to work in the morning. I get to commute from one of the most beautiful neighborhoods in the city to another awesome neighborhood, the west-village. Not Bad; especially with the summer weather setting in. Also, this weather is certainly raising sexual tension throughout the city... yow-za! I just started reading Walt Whitman's book or poetry written in NYC Leaves of Grass, plenty of innuendo in there concerning the sexual excitement of the city. Alright... enough for now. I still have to develop the pics from my party, they will be up this weekend... I promise. Rock out ya'll.

Wendy Brown Podcast

For those Political Theory Buffs. Check out Wendy Brown's Solomon Katz Distinguished Lecture @ The University of Washington on iTunes. The Podcast is pretty sweet.

http://depts.washington.edu/uwch/projects_lectures_Katz.htm

RIP Bo Diddley

The Next Step

As I leave Williamsburg for Manhattan and the upper west-side, I am looking forward to my future, and contemplating my next step. I am ready for anything, and expecting everything. I will let Michael Stipe do the rest of this blog.

As the sun comes up, as the moon goes down
These heavy notions creep around
It makes me think, long ago
I was brought into this life a little lamb
A little lamb
Courageous, stumbling
Fearless was my middle name.
But somewhere there I lost my way
Everyone walks the same
Expecting me to step
The narrow path they've laid
They claim to
Walk unafraid
I'll be clumsy instead
Hold my love or leave me high.

Say "keep within the boundaries if you want to play."
Say "contradiction only makes it harder."
How can I be
What I want To be?
When all I want to do is strip away
These stilled constraints
And crush this charade
Shred this sad masquerade
I don't need no persuading
I'll trip, fall, pick myself up and
Walk unafraid
I'll be clumsy instead
Hold my love or leave me high.

If I have a bag of rocks to carry as I go
I just want to hold my head up high
I don't care what I have to step over
I'm prepared to look you in the eye
Look me in the eye
And if you see familiarity
Then celebrate the contradiction
Help me when I fall to
Walk unafraid
I'll be clumsy instead
Hold my love or leave me high.
Walk unafraid
I'll be clumsy instead
Hold my love or leave me high.

REM- Walk Unafraid

Forever in a Landfill

This morning I was standing in front of an NYU vending machine, contemplating what tasty drink I should purchase, when I was struck with an ethical dilemma. I usually go for the sweet bubbly deliciousness that is crystal geyser lime flavored soda water; however, after having been bombarded by the new Brita advertisements which show empty plastic bottles with the subscript "forever in a landfill" I was forced to buy the red bull; which, by the way, is the only aluminum item available in NYU vending machines. So I have to confess. I will no longer buy plastic bottles. This will really put a damper on my vodka tonics and my love of V8.... (really, does anybody truly LOVE V8???)

Don't get my started on the price of red bull. WTF???? Seriously. NO MORE PLASTIC!!!!!

http://www.v8juice.com/FAQ_v8.aspx

MANHATTAN-HENGE

So peoples of NYC and the world. This is just a reminder that this Thursday and Friday is manhattan-henge, also known as the Manhattan Solstice. It marks the two days that the sunset lines up perfectly with the east-west streets in Manhattan. Which also means that if you are on these streets all day, like me (I work outside), you get to enjoy the longest day of the year in NYC. Usually the tall buildings cut our days a little short around here. Just thought I would share. Bye.

Blood Kin

Ceridwen Dovey

Also,

If you get the chance. Check out Ceridwen Dovey's premiere novel Blood Kin. For those of you who like Coetzee or Kafka, you will enjoy this woman's text. She mixes desire and politics in a a tumultuous and exciting manner. And she writes men pretty well. I dont know how she writes women, because I am not a woman, so How would I know? Although I did have a gay man call me a women the other evening because I thought it was unwise to sleep with a woman after only knowing her for an hour. But go figure. HE was a gay, mans-man, and I guess I am a heterosexual woman's man. Sounds good to me. Anyways, Dovey is also an Anthro PHD @ NYU. She definitely makes me feel inadequate, especially since she is merely a year older than I and is obviously a literary genie. How I enjoy the new literati. Anyways. Check her out. www.ceridwendovey.com Now it is really time for bed.

Regarding the last post: It was a 1908 meets 1988 party; not 1808. Rock

Party Flyer by Aaron Berger:



So, in lieu of a consistent party theme, we put our heads together and came up with something for everyone. Its Bohemians vs. Yuppies, William Howard Taft vs. Ronald Regan. Absinthe vs. Pepsi, the advent of Cubism vs. the advent of the Simpsons. Whether you prefer seminal events such as the creation of the FBI, or the Revelation of the Iran Contra affair, this party is for you. 100 years since the invention of the Boy Scouts and 20 years since we first elected a Bush to the White House, it is time to celebrate these great achievements in Human History. So strap on your high-hat or your head-band and get ready to rock out, or midly enjoy an evening with the green fairy. Whether you like Mahler's Symphony No. 2, Madonna, or the contemporary stuff, we'll have you covered. Bring any refreshments you would like (Absinthe and/or Schlithz Malt-Liquor are highly recommended, depending on which era you prefer). Any and All friends are more than welcome. Especially if they are attractive to all genders...

When: Friday May 16th @ Party Time…

Where: 801 Driggs Ave. #4 Brooklyn, NY

What: (see above)

How: Anyway you want it

Who: Aaron and Mike and all of you!

Why: You know why…Because it's Friday, and you ain't got shit to do!

Darina Karpov

Darina Karpov- Loophole


Last Friday I went to a gallery opening featuring the work of Darina Karpov. Karpov in an American educated Russian artist inspired by the french new novel and crazy russian and italian filmakers that I know little or nothing about. Her works are Escher meets Klimt meets Picasso, meets Polloack meets whoever. They play with scale, with line, movement, narrative..... they invite you to read them, however each piece avoids writing at all costs, even playing with the image of a scrabble board before forcing the observer to seek something other image in the board... I dont really have too much to say about her, except that 1. she is hot and 2. her pictures make me feel like I am on another planet. OK that is all. Check her out. Rock...... Oh, and I will have pictures soon of my 1808 meets 1988 party up soon. Wait until you see the moustie I have been working on... he he he..... talk about sleazy. Later.

Devotchka and Basia Bulat

Devothcka

basia bulat


Soooooooooooooo.... Last week I had the opportunity to check out Devotchka and Basia Bulat @ Terminal Five in west midtown. Needless to say they were both AWESOME! Basia Bulat is a sexy little firecracker of a blues singer. Check her out at www.basiabulat.com. Her ensemble was energetic and tight, and her songwriting is heart wrenching in a manner similar to Tracy Chapman. And for a little blonde Canadian girl to sound like Chapman is a huge feat. Devotchka was just good old fashion gypsy funk, meets Mariachi. For those of you who know about Rob Reich in SF, you will love these guys. They would fit in very well @ Amnesia on a weeknight in the mission, or side by side Gorgol Bordello on the stage. You can check them out @ www.devotchka.net Each of these bands also has a myspace page if you want to know more. Good stuff. Later skaters.

08? Get Excited!

The venerable, elusive and infamous Hipster...

ahh hipsters.... what are we to do with you.... your greasy hair, or ill trimmed beards... your blank stare of apathy and elitism... Why are you so cool? Actually... why do you think you are so cool...? Trust me, I understand the attractiveness of a PBR and lime and a shot of whatever brown fluid passes for a rye whiskey behind your favorite shady, grimy, fly-infested, termite ridden ancient hole-in-the-wall of a bar. I too have been known to dabble...but honestly, cant you think of something else to talk about other the than that ultra-new, ultra unknown, ultra-young, ultra hip, ultra-nerdy, transgedered, bisexual indie orchestra you saw last weekend @ that place, you know, in the lower-east side... you know the one I am talking about.... right?... Damn, why cant I remember.... Oh yeah, that's right. I actually dont remember the show, because I was so blown out of my mind on yeo that I think I was actually in Bushwick, not the LES... hmm.... maybe it was a dream.... I mean honestly!!!! You know there is actually stuff going on in NYC that doesnt happen in the LES and Bushwick... and stop trying to tell me that you dont think Williamsburg is as hip as it used to be... just because you cant afford the rent on your barback/ free-lance "graphic designer" paycheck... Alright, now who is being elitist.... I digress... You will all return to Willy-burg this summer for the pool-parties and the san-loco taqueria.... I know you, and I know what you crave.... you crave girls who just cant figure out what look they are going for, so they become an entire conglomerate of shapes and colors and fabrics, and accessories and sunglasses, that it impossible to tell what they really look like in the low light of your favorite dive... I mean, layering clothes looks great, IN THE WINTER!!!! but when it is 90 degrees with 90% humidity is it really necessary to where ten shades of black? Yes you look hip... but you are also drenched in your own girl glow... OK sorry... I love making fun of hipsters... The funny thing is that the hipsters crack the best jokes about their fellow hips. OK, There will be more on this later. One thing I can say that is good about the hips.... they are voting Obama, so maybe they are not so bad after all. Later skaters...

My Dating Future

I have concluded that I will never again date someone under the age of 21, or someone who has yet to finish an undergraduate degree. People in college should not be tied down in a situation that will keep them from fully experiencing a a fulfilling four year college experience. However, I will admit: There are always exceptions to the rule. I have recently discovered that I have a lot to learn, and that some relationships are not challenging me enough, or inspiring me enough. (Once again I can think of a few exceptions to the rule.) This has become a new tenet for how I date. My argument is obviously inconclusive, but there is a lot to be said for knowing what you want, and what you need in/out of a relationship. Rock....


Oh, and Go Obama! (this is for Sean, and for all of us)

A funny NYC moment

So, here I am again... it has been less than a day and I am writing again. But I wanted to share a funny story that my friend Jeff Desira told me on Cinco de Mayo when Jeff had a solo acoustic show @ a place called anyway cafe in the east village on 2nd ave. and 2nd st., which is a great russian vodka bar, with a amazing infused vodka drinks. Jeff turned me onto the Dill-horseradish infused martini, garnished with a cocktail pickle that is absolutely delicious. The bar/restaurant is small but there is live music everynight and if you are lucky, like me, beautiful russian bartenders willing to buyback some martinis for you. Ok, now to the story. I will tell it from Jeff's perspective, so you all dont have to worry about my third person view point.

"So I was leaving the bike-shop where I work with one of my co-workers ,and as we start to cross the street Danny Devito walks ahead of us, and my oblivious coworker, answering his cell phone says 'Hey how are you?' Devito turns around and responds to my coworker, thinking that he was talking to him, and says "Hello, doing very well, how are you?" My coworker looks at him with a blank stare and says "Not you, I am on the phone!" and turns away rudely. Dumbfounded, I call after Devito as he gets into his car, 'Have a nice day Mr. Devito,' and the man leans his head out the window and smiles and says thank you."

I thought this was hilarious. It might not translate well to blog form, but I nearly busted my gut. Alright more soon. Later on

New York... Now...

Alright...The time has come. I have now been in NYC for 21 months.... I guess I should start writing about my experience here, in lieu of all the arguments which regard experience as false representation of the real, etc.... (this theme will develop with time). During the 4 months prior to my move to NYC I lived right smack dab(?) in the middle of the Sierra Nevada (SV) mountain range in the beautiful state of California. I was afforded a 2 day interim between the lack of/ (fulfillment of) human presence that is the SV and the human overload that is Manhattan. Emotions whirled, people were lost who were rediscovered and others were lost for an indeterminate period. My interim consisted of a stay in a house on Lombard St. in San Francisco during THE most beautiful time of the year. During my time there I was actually accidentally locked on the rooftop 5 stories above the famous winding street, watching humming birds in a strange mating ritual which consisted of the male humming bird showing his sexual prowess via a strange dive bombing "song" ritual,while the female attempted to avoid his many plunges into the space above my view: An allegory for relationships which has stuck with me during my time in this strange place known as New Amsterdam.

So there I was Surrounded by the mass of people known as NYC, and confronted with an unexpected world full or opportunity and opportunity denied. A strange place full of worldly citizens, worldly voices, ignorance, brilliance, art, music, magic, death, fear, beauty, sex, hate, love, concrete and organics.... impossible to write, and yet full of imperatives/commands which force me to do so.... This blog will attempt to make possible the impossible, to match the real with fiction, and let all of you, my friends and companions, see what I see, read what I read in this strange urban geography, this desirous landscape, this odd economy, and exciting sphere... It is a microcosm for the world, and yet so detached from a real world, the other world of what this world is, that it seems like a fantasy lived, a nightmare deferred or a possibility to come... and come again if we all are lucky.... goodnight friends, stay posted. I look forward to sharing this strange trip/city/ "experience". Take care.

With Love
mmm...