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Does El-Masri case prove ...
Assertions of secrecy a concern for us all?
Dear Readers: At the begin
ning of the year, I had
described the relation
ship between the ancient “Writ of
Habeas Corpus” and the detainees
at Guantanamo
Bay.
I observed
then how courts
have historically
tended to defer
to the Executive
Branch in times
of conflict.
Recently, this
tendency was in
evidence again.
Jim Rockefeller
The “Law” man
Earlier this month, the U.S.
Supreme Court was asked to con
sider whether or not Khalid El-
Masri, a German citizen, could
sue for being a victim of the ClA’s
“extraordinary rendition” and
detention of him in “secret” inter
national prisons.
El-Masri has claimed to have
Your beliefs, your expectations - Part 1
Many leaders
underestimate the
power of beliefs
and expectations. Some, per
haps, have never considered
the effects described in this
article!
In stimulating individuals
to consider improvement,
I often ask, “What change
would you make if you had
a magic wand?” The concept
tends to free people from
the constraints of realistic
thinking.
Beliefs and expectations
may be even more powerful
than my imaginary magic
wand. They are very real
influences on a
behaviors and achieve
ments. Though the power of
a magic wand is imaginary, a
person’s beliefs and expecta
tions have the power of cre
ating self-fulfilling prophe
cies.
They can work for you,
but they often are invisible
constraints that prevent
progress where you think it
should be occurring!
Let’s look at how this
develops.
Your parents’ beliefs
and expectations. When
you are a little kid, your par
ents are the most powerful
people in the world! (Some
individuals were raised by
adults other than parents.
These comments apply to
whomever served as your
primary authority figures
when you were young.)
Unwittingly, you are
learning from your parents
all the time. Certainly they
teach you some things con
sciously. But because of your
dependence on and respect
for your parents, you are
learning even when they are
blissfully ignorant that they
are building foundational
concepts in you.
The beliefs and expec
tations you develop as a
child are indelible. Unless
consciously overridden, they
are with you for life.
Some are distortions of
truth, folklore that your
- pMII
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been kidnapped by the CIA,
as he crossed into Serbia from
Macedonia.
He has alleged that he was held
for five months in a secret CIA
prison in Afghanistan known as
the “Salt Pit,” where he was beat
en, sodomized, abused, force-fed,
and otherwise tortured, all while
being accused of being an A 1 Qaeda
operative.
He says that Americans were
amongst his interrogators in
Afghanistan. Eventually, his inter
rogators realized their mistake and
El-Masri was dumped in Albania.
By the time he made his way back
to Germany, he found that his wife
and children had fled to Lebanon.
El-Masri sought to sue George
Tenet, as the CIA director, and
two airline corporations involved
in transporting him, for the viola
tion of basic due process rights
guaranteed by our Constitution.,
Both a District Court Judge in
parents
probably
learned
from their
parents.
As a child,
you begin
to believe
things
about
yourself
and devel-
op expectations about the
rest of the world that put
limitations on what you are
willing to try. 4
Beliefs and expectations
of others you value. As you
aged, others in your life
became important. Your
friends became the main
source of influence regarding
where you went, what you
did, and what you thought
and felt about yourself.
Now that you are an adult,
there are other important
authorities in your life -
your husband or wife, your
other close relatives, your
friends, your colleagues at
work, and even what you see
in the media. Your boss has
major beliefs - and expecta
tions about your capabili
ties, your motives, and your
commitment. .
These expectations influ
ence the assignments dele
gated to you, and the beliefs
affect the degree of challenge
and support you receive.
4HIP
Ball Street Perrtj, GA
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Dennis Hooper
Leaders Building
Leaders
Kelli Cniaser
@The Salons
ATTORNEYS AT LAW
Virginia and the 4th Circuit of
Appeals dismissed his case pursu
ant to the government’s “state
secrets” privilege.
“State secrets” is an eviden
tiary privilege asserted by the
Government that facts should
remain secret in litigation, due
to national interests. It was last
addressed by the United States
Supreme Court in the case of
United States v. Reynolds. This
was in 1953, more than 50 years
ago, and only the fourth time
ever directly addressed by the
Supreme Court - President Nixon
had unsuccessfully tried to raise
this privilege in the fight over the
release of the infamous tapes that
brought down his presidency.
In Reynolds, four civilians were
killed in an aviation disaster in
Waycross while observing the test
ing of secret military equipment.
The government asserted that
documents associated with the air
Beliefs and expecta
tions of self. During your
youth and early career, you
begin to believe and expect
certain outcomes from your
behaviors. I am fascinated
by individuals whose confi
dence does not match their
competence.
Some individuals who are
quite capable seem very inse
cure, behaving as if they are
impostors, having been given
responsibility for which they
are inadequate. Others seem
to have great confidence, but
people quickly learn to not
count on them to fulfill their
commitments.
You have underlying
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OPINION
assumptions about who you
are, what you can do, and
what outcomes you expect
to generate. These are not
“truths,” but they njay
as well be, because these
beliefs and expectations con
trol what you will attempt.
They become your personal
self-fulfilling prophecies!
All of this provides a dou
ble whammy for leaders.
First, all of the above is true
for you. And it is true for
those under your authority.
It is your responsibility to
influence those who serve
your internal and external
customers, yet they are con
strained by their self-limit
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craft were “state secrets” vital to
our defense. The Supreme Court
ultimately agreed; the case was not
allowed to go on since there was no
indication that the “secret” equip
ment caused the tragedy and other
evidence to support the claim.
In El-Marsi’s case, he argued
that he could also rely on other evi
dence - especially the airline com
panies’ records and media reports
of the “extraordinary rendition”
program. However, the courts
found otherwise, and agreed that
even the government’s admis
sion or denial of a rendition poli
cy would potentially reveal state
secrets, even despite public com
ments by government officials.
El-Marsi attempted to appeal to
the United States Supreme Court.
To do so, four justices needed to
agree to “accept certiorari” or con
sider his case. On Oct. 9, this
request was denied. El-Masri will
never be able to seek justice for
ing beliefs.
Are the pre-existing expec
tations beyond your control?
Fortunately not! We’ll cover
that next week!
Dennis Hooper is a local
Assessing Your
Leadership Skills
-SBS/person
, iMk. + I
SATURDAY, OCTOBER 20, 2007
his five months spent in hell at the
hands of our government.
Is this such a bad thing? Maybe
not, maybe the right decision was
reached.
Yet, what we might need to
worry about is that in today’s
environment, unlike the Nixon
Presidency, presidential assertions
of secrecy, seems to be unchecked
by the judiciary - the delicate bal
ance between our three branches
of government is tilting towards
the executive. Maybe too far for
all of us.
Local attorney Jim Rockefeller
owns the Rockefeller Law Center
and is a former Houston Co. Chief
Assistant District Attorney, and
a former Miami Prosecutor. E
mail confidential legal questions
to ajr@rockefellerlawcenter.com.
Visit www.rockefellerlawcenter.com
for Frequently Asked Questions
and Jim’s blog, The Rockefeller
Report.
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
- organizations of excellence
(478) 988-0237
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