Showing posts with label Torture. Show all posts
Showing posts with label Torture. Show all posts

Wednesday, March 10, 2010

Marc Thiessen Defends Liz Cheney on The Daily Show

The parade of torture sympathizers from the Bush Administration continued last night on The Daily Show with former Bush speech writer Marc Thiessen making an appearance. Thiessen has been vocal in his support of the the interrogation policies that were implemented during the Bush Administration and has most recently jumped to the defense of Liz Cheney and her organization for questioning the loyalty of some DOJ lawyers.

Here was Thiessen in the Washington Post on Monday:

One lawyer in the National Security Division of Holder's Justice Department, Jennifer Daskal, has written that any terrorist not charged with a crime "should be released from Guantanamo's system of indefinite detention" even though "at least some of these men may ... join the battlefield to fight U.S. soldiers and our allies another day." Should a lawyer who advocates setting terrorists free, knowing they may go on to kill Americans, have any role in setting U.S. detention policy? My hunch is that most Americans would say no.

Do other lawyers in question hold similarly radical and dangerous views? Without the information Holder is withholding, we cannot know if such lawyers are affecting detainee policy.

Yet for raising questions, Cheney and the Republican senators have been vilified. Former Clinton Justice Department official Walter Dellinger decried the "shameful" personal attacks on "these fine lawyers," while numerous commentators leveled charges of "McCarthyism."

I was wondering how Jon Stewart would treat Thiessen after John Yoo seemed to get a big pass in his recent appearance on the Daily Show, but Stewart did a pretty good job. Here is the full discussion in three parts:

The Daily Show With Jon StewartMon - Thurs 11p / 10c
Exclusive - Marc Thiessen Extended Interview Pt. 1
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorHealth Care Reform

The Daily Show With Jon StewartMon - Thurs 11p / 10c
Exclusive - Marc Thiessen Extended Interview Pt. 2
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorHealth Care Reform

The Daily Show With Jon StewartMon - Thurs 11p / 10c
Exclusive - Marc Thiessen Extended Interview Pt. 3
www.thedailyshow.com
Daily Show
Full Episodes
Political HumorHealth Care Reform

I still think Stewart doesn't give himself enough credit by telling Thiessen that their views are "not that far apart". Clearly this is not the case. It was nice to see Thiessen's views challenged and Stewart take him to task for his support of the shameful ad that was put out by Liz Cheney's organization.

Thiessen is another individual who defends the use of torture, is unapologetic about the affects of using such techniques on detainees, and is critical of those who refuse to use these same policies. It is these views that show a disrespect and some could argue, a certain level of contempt for the American justice system. These individuals want the power to be able to torture detainees and will continue to level attacks against anyone who defends the rule of law and appropriate interrogation tactics. Interviews like the one above only continue to re-enforce this point.

Thursday, February 18, 2010

Cheney Gains Rock-Star Status at CPAC

Remember this past Sunday when former Vice President Dick Cheney declared that he is a "big supporter" of waterboarding and effectively solidified his support for torture?

Remember how others have stated that is is pretty much a confession to conspiring to torture and how the Department of Justice should investigate and prosecute Cheney based off his claims?

Well I wonder how Cheney would be received at the Conservative Political Action Conference (CPAC) when he was announced as a surprise guest by his daughter Liz:



What an ovation! Check out this report from Ben Smith at Politico:

Chris Barron, organizer of "Draft Cheney," emails this morning that he's organizing a write-in vote for the former Vice President at the CPAC straw poll.

“We urge the grassroots conservatives who will be attending CPAC to join us in sending a powerful message about the future of our party, by writing in the name of the only person with the experience and conservative credentials necessary to lead our party in 2012 – write in Dick Cheney,” Barron says.

It looks like Conservatives at CPAC are more than willing to accept a man who openly embraces torture and openly thumbs his nose at the rule of law.

Tuesday, February 16, 2010

More on Cheney's Torture Confession

I wanted to follow-up on this post in which I discussed former Vice President Cheney admitting that he was a "big supporter" of waterboarding.

There were a couple of reactions to Cheney's appearance on ABC this past Sunday that were right on the money and advance this discussion surrounding his behavior. I wanted to start with Glenn Greenwald who feels that Cheney knows exactly what he is doing...he is taunting the current administration:

In general, people who commit felonies avoid publicly confessing to having done so, and they especially avoid mocking the authorities who fail to act. One thing Dick Cheney is not is stupid, and yet he's doing exactly that. Indeed, he's gradually escalated his boasting about having done so throughout the year. Why? Because he knows there will never be any repercussions, that he will never be prosecuted no matter how blatantly he admits to these serious crimes.

[...]

Does anyone doubt that Cheney's assessment is right? And isn't that, rather obviously, a monumental indictment of most everything?

I think that this is sadly quite accurate. Cheney is not a stupid man and it is quite clear that he feels that he can speak freely about his support for what Attorney General Holder has explicitly stated, is torture. The Obama Administration has held true to their pledge to "look forward" and not to the past on the issue of torture, even when it is clear that crimes and have been committed and even when now, a former Vice President admits to supporting torture on national television.

Scott Horton lays out the section of the Federal Criminal Code that Cheney admitted to violating:

Section 2340A of the federal criminal code makes it an offense to torture or to conspire to torture. Violators are subject to jail terms or to death in appropriate cases, as where death results from the application of torture techniques. Prosecutors have argued that a criminal investigation into torture undertaken with the direction of the Bush White House would raise complex legal issues, and proof would be difficult. But what about cases in which an instigator openly and notoriously brags about his role in torture?

[...]

What prosecutor can look away when a perpetrator mocks the law itself and revels in his role in violating it? Such cases cry out for prosecution. Dick Cheney wants to be prosecuted. And prosecutors should give him what he wants.

It should be pointed out that not only did Cheney admit to supporting torture, but right at the end of the interview was this exchange (emphasis mine):

KARL: And, finally, I know that you have a reunion coming up later this month with President Bush. This'll be the first time you've seen him since leaving office, face to face?

CHENEY: Pretty much, yes. We talk on the telephone periodically, but the first time I've seen him since January 20th.

KARL: What does he think of you being so outspoken in contrast to him?

CHENEY: Well, I don't think he's opposed to it, by any means. I'd be inclined to let him speak for himself about it. The reason I've been outspoken is because there were some things being said, especially after we left office, about prosecuting CIA personnel that had carried out our counterterrorism policy or disbarring lawyers in the Justice Department who had -- had helped us put those policies together, and I was deeply offended by that, and I thought it was important that some senior person in the administration stand up and defend those people who'd done what we asked them to do.

And that's why I got started on it. I'm the vice president now -- ex-vice president. I have the great freedom and luxury of speaking out, saying what I -- what I want to say, what I believe. And I have not been discouraged from doing so.

Cheney mentions that the lawyers at the Justice Department had "helped us put those policies together" and that he felt it was his role to "defend those people who'd done what we asked them to do." In other words, the Bush Administration wanted to torture detainees and so they asked lawyers like John Yoo and Jay Bybee to craft memos that would allow them to do so. Yoo and Bybee obliged. This is conspiracy to torture and as Scott Horton mentions, a serious crime.

There has been no excuse to investigate for some time now and with the former Vice President's recent comments, there is no justification that the current Justice Department could use to defend not prosecuting those who broke such serious laws.

Monday, February 15, 2010

Cheney Delcares His Support for Waterboarding

Former Vice President Dick Cheney was on ABC's This Week yesterday morning spouting most of the same talking points that he has become known for ever since leaving office last year. He slammed the Obama Administration as being weak on terrorism and criticized their handling of almost every aspect of their Foreign Policy.

While much of what Cheney had to say is not surprising there was this exchange between Cheney and guest host Jonathan Karl:

KARL: Did you more often win or lose those battles, especially as you got to the second term?

CHENEY: Well, I suppose it depends on which battle you're talking about. I won some; I lost some. I can't...

(CROSSTALK)

KARL: ... waterboarding, clearly, what was your...

CHENEY: I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques that...

KARL: And you opposed the administration's actions of doing away with waterboarding?

CHENEY: Yes.

Cheney's open admission to being a "big supporter" of waterboarding has led some like Andrew Sullivan to claim that this is an open admission to a war crime by the former Vice President:

In fact, the attorney general of the United States is legally obliged to prosecute someone who has openly admitted such a war crime or be in violation of the Geneva Conventions and the UN Convention on Torture. For Eric Holder to ignore this duty subjects him too to prosecution. If the US government fails to enforce the provision against torture, the UN or a foreign court can initiate an investigation and prosecution.

These are not my opinions and they are not hyperbole. They are legal facts. Either this country is governed by the rule of law or it isn't. Cheney's clear admission of his central role in authorizing waterboarding and the clear evidence that such waterboarding did indeed take place means that prosecution must proceed.

Cheney himself just set in motion a chain of events that the civilized world must see to its conclusion or cease to be the civilized world. For such a high official to escape the clear letter of these treaties and conventions, and to openly brag of it, renders such treaties and conventions meaningless.

In addition to pretty much confessing it only solidifies Cheney's sadistic tendencies each time he appears on one of these programs. When the former Vice President goes on national television and declares that he is a big fan and supporter of torture, one would hope that in a country that prides itself on being a nation of laws, some action would be taken. Still though, the Obama Administration and the Holder Justice Department continue to take no action on an issue that so clearly needs further investigation and civilized society suffers. After all, if there is no punishment for crimes as serious as these, then there will be no deterrent when history repeats itself in the future. These are grave and serious matters and it is on this Administration to stand up for the rule of law no matter how politically difficult.

For those interested, here is the full ABC interview in two parts:



Thursday, February 4, 2010

U.S. Conducting 'Night Raids' in Afghanistan

As President Obama's newly presented budget figures show an increase in war spending, journalist Anand Gopal has a very interesting piece that is posted over at the Nation.

The piece should be read in full and covers some troubling behavior that has become all too familiar to the discussion of the so-called "War on Terror". Gopal tells the story of how U.S. forces have been taking Afghani citizens from their homes during "night raids" and killing innocents in the process:

November 19, 2009, 3:15 am. A loud blast woke the villagers of a leafy neighborhood outside Ghazni, a city of ancient provenance in the country's south. A team of US soldiers burst through the front gate of the home of Majidullah Qarar, the spokesman for Afghanistan's agriculture minister. Qarar was in Kabul at the time, but his relatives were home, four of them sleeping in the family's one-room guesthouse. One of them, Hamidullah, who sold carrots at the local bazaar, ran toward the door of the guesthouse. He was immediately shot but managed to crawl back inside, leaving a trail of blood behind him. Then Azim, a baker, darted toward his injured cousin. He, too, was shot and crumpled to the floor.

[...]

Weeks after the raid, the family remains bitter. "Everyone in the area knew we were a family that worked for the government," Qarar said. "Rahman couldn't even leave the city, because if the Taliban caught him in the countryside they would have killed him."

Beyond the question of Rahman's guilt or innocence, it's how he was taken that has left such a residue of hatred among his family. "Did they have to kill my cousins? Did they have to destroy our house?" Qarar asked. "They knew where Rahman worked. Couldn't they have at least tried to come with a warrant in the daytime? We would have forced Rahman to comply."

"I used to go on TV and argue that people should support this government and the foreigners," he added. "But I was wrong. Why should anyone do so? I don't care if I get fired for saying it, but that's the truth."

In addition to being abducted in the middle of the night, these "night raids" are usually just the beginning of the process:

Suspects are usually sent to one of a series of prisons on US military bases around the country. There are officially nine such jails, called Field Detention Sites in military parlance. They are small holding areas, often just a clutch of cells divided by plywood, and are mainly used for prisoner interrogations.

[...]

Of the twenty-four former detainees interviewed for this article, seventeen claim to have been abused at or en route to these sites. Doctors, government officials and the Afghan Independent Human Rights Commission, an independent Afghan body mandated by the Afghan Constitution to investigate abuse allegations, corroborate twelve of these claims.

One of these former detainees is Noor Agha Sher Khan...

[...]

The interrogators blindfolded him, taped his mouth shut and chained him to the ceiling, he alleges. Occasionally they unleashed a dog, which repeatedly bit him. At one point they removed the blindfold and forced him to kneel on a long wooden bar. "They tied my hands to a pulley [above] and pushed me back and forth as the bar rolled across my shins. I screamed and screamed." They then pushed him to the ground and forced him to swallow twelve bottles of water. "Two people held my mouth open, and they poured water down my throat until my stomach was full and I became unconscious," he said. "It was as if someone had inflated me." After he was roused, he vomited uncontrollably.

Gopal goes on to describe suspicious deaths of Afghanis who were taken in these raids as well as citizens who are still unaccounted for after being abducted from their homes. Gopal states that some are more afraid of these night raids than they are of the Taliban.

The entire article is very interesting and I again urge you to read it in full, but these are the very topics that need to be discussed in full when President Obama continues to talk about pouring more money into this war. While drone attacks often make headlines, it is these covert operations, often carried out by Special Forces, that fly under the radar. When it becomes a viable strategy to scoop up seemingly random villagers in these raids to hold them, torture them, and then potentially release them, some very real questions needs to be asked about the long-term gains from such a policy.

Anand Gopal was also on Democracy Now! earlier in the week. You can watch his discussion on this issue by clicking here.

Tuesday, February 2, 2010

Revising Hell's History: Col. Larry James, Interrogation Policies, and Calls for Accountability

If ever the collective mindset surrounding a single word has changed over the last decade, it can be argued that the word “torture” must be high on that list. Prior to the terrorist attacks on September 11, 2001, one may have used the word in passing to describe sitting through a boring lecture in college or their feelings about their grueling nine to five work week. Torture. Nearly a decade later, when one utters the word, their mind probably flashes to images that came out of Abu Ghraib prison in Iraq and the many reports that have been released detailing how this word, how torture, became official governmental policy of the United States. The 2000’s took the concept of torture from that of something unlawful that was only put into practice by brutal dictators, to accepted policy that was put into place by a democracy. Torture had been rebranded and even had a snappy new euphemism: “enhanced interrogation techniques”. Cleaner, professional, sanitized.

Debates on the topic of interrogation policy lit up our television and computer screens. Were we really condoning torture…is the United States justified in using these techniques on detainees…do these policies break laws and should we investigate? We saw a Vice President insist that we (as a country) needed to go to the “dark side” to get information and we saw some defenders of these policies line up in support of what they would have been the first to condemn if done to a U.S. Marine. These were extraordinary times.

In the midst of it all, time continued its relentless march toward the future. America chose a new President who, amidst all of the questions that still surrounded this issue, insisted that we “look to the future” and not get caught up in the past. This new President boldly declared that the old era was over while still continuing to advance policies like extraordinary rendition and indefinite detention without charge. Now, in 2010 we no longer are witnessing intellectual arguments over policies surrounding torture on the evening news and the eight years under the previous Administration seem like an old memory. While there may no longer be a robust collective debate on this issue, there are moments when we are reminded of the continued ramifications that remain unresolved.

Most recently Scott Horton, a reporter for Harper’s, wrote a lengthy piece in which he blew the cover off of the official story of three deaths of detainees that were being held at Guantanamo Bay prison in Cuba in 2006. At the time, the deaths were reported as suicides, but new witnesses have come forward to strongly suggest that an investigation needs to take place about the potential that these detainees were killed at a separate “black site” just outside of the official prison grounds. The soldiers who came forward in Horton’s piece did so after they had approached the Obama Justice Department with their story:

The Justice Department thus faced a dilemma; it could do the politically convenient thing, which was to find no justification for a thorough investigation, leave the NCIS conclusions in place, and hope that the public and the news media would obey the Obama Administration’s dictum to “look forward, not backward”; or it could pursue a course of action that would implicate the Bush Justice Department in a cover-up of possible homicides.

The Obama Justice Department did the politically convenient thing and told the soldiers that there was no justification for any such investigation into a cover-up of the deaths of these detainees. This behavior, that of refusing to look into potential criminal behavior by the Bush Administration, is nothing new. Though there is continued insistence that the United States is a land where the rule of law reigns supreme, the actions that can be observed in cases like this one tell a different story. These actions tell a story of concealed truths and a dark history that is eagerly being swept under the rug. While it is evident that some wish to keep that history hidden from sight, others have decided to take an active role in crafting a new, revisionist history. This is a history where those in power in 2002 did not advocate for torturous policies, but instead recognized the evil of the so-called “enhanced interrogation techniques” taking place in Guantanamo Bay and in Iraq. This revisionist history consists of a narrative where those in leadership positions not only saw abuse, but actively took steps to correct its spread.

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Col. (Ret.) Larry James is the author of Fixing Hell: An Army Psychologist Confronts Abu Ghraib. James spent 22 years in the Army as a Colonel and was the Chair of the Department of Psychology at Walter Reed Medical Center. Currently, James is the Dean of the School of Professional Psychology at Wright State University in Dayton, Ohio. In Fixing Hell, James tells the story of how he was sent to Guantanamo Bay, Cuba in January, 2003 and to Abu Ghraib in the summer of 2004 in lieu of the discovery of abusive interrogation tactics. James claims that he was sent to both locations because the leadership wanted these abuses stopped and wanted his services as a psychologist in order to design humane methods of interrogation. Here is a passage from right before he was sent to Cuba:

“I would have to deploy to Cuba and replace Major Leso myself. Colonel Cooper and Colonel Banks agreed that this was the right course of action, particularly because things were getting worse down there. Gitmo needed an experienced senior Army psychologist with a significant background in correctional and forensic psychology.”

In his book, James immediately establishes the narrative that the problems at Guantanamo Bay were structural. James doesn’t claim that the command structure at the prison was partly to blame, but insists that “all problems” at the prison could be attributed to this flaw. He also makes it known that once he arrived at the prison in January 2003, there was some inappropriate behavior taking place. He even describes witnessing one such interrogation, but instead of interfering or reporting the abuse, he lets it play out (emphasis mine):

“I heard lots of yelling, screaming, and furniture being thrown around. I saw Luther and three MPs wrestling with a detainee on the floor. It was an awful sight. I wanted to run back to my room and wash my eyes out with bleach. The detainee was naked except for the pink panties I had seen hanging on the door earlier. He also had lipstick and a wig on. The four men were holding the prisoner down and trying to outfit him with the matching pink nightgown, but he was fighting hard. My first instinct was to rush in and start barking orders at the men, demanding they stop this ridiculous and abusive wrestling match. But I managed to quell that urge and wait. I opened my thermos, poured a cup of coffee, and watched the episode play out, hoping it would take a better turn and not wanting to interfere without good reason, even if this was a terrible scene. I waited several minutes, but with no good end in sight I had to act.”

This is the only instance in the entire book where James describes witnessing inappropriate conduct in detail during interrogations and despite the initial reaction of wanting to “wash his eyes out with bleach”, his response to this instance is to pour himself some coffee and not “interfere without good reason”. After James does decide to act, he simply speaks with the interrogator, suggests that he instead give the detainee a McDonald’s fish sandwich and the swimsuit edition of Sports Illustrated, and claims that this new “humane” and trust-building tactic began to spread like wildfire throughout the prison.

During the five months that James spends at Guantanamo Bay, he states that he had free reign to put policies in place to stop the abuses and that psychologists only accessed the medical records of detainees to protect them, not use the information in coordination with interrogators to maximize the effects of the torture. Then, when it was time for Col. James to leave Guantanamo in May of 2003, he says that he was proud to know that he has instituted polices that fixed all of the problems stating that there have been “…no incidents of abuse at Guantanamo Bay by either an interrogator or psychologist reported since my arrival in Cuba in January 2003”.

The accuracy of James’ statement is contradicted by mountains of reports and articles that have been written not only since he left Cuba in 2003, but since his book was published in 2008.

Still, after James left Cuba in 2003, he was summoned to Abu Ghraib in June 2004 to, as he states, clean up the practices at that prison as he did in Guantanamo Bay. In his book he often claims that the abuses at Abu Ghraib were the result of bad leadership and how this led a handful of troubled soldiers to cross the line and commit these abuses. James tells the stories of how sexual frustrations played a role in the chaos at the prison and uses his “psychological expertise” to tell the reader how he knew one of the soldiers at the prison was a lesbian:

“I didn’t have to ask her if she was a lesbian, but as a highly trained psychologist I spotted all the signals that made that a pretty safe conclusion. At the very least, this was one tough gal, no matter her sexual orientation. Her voice was deeper than mine, and if I had any tattoos I’m sure that I would have chosen more feminine ones than hers.”

James tells the same kind of story in Abu Ghraib as he told in Guantanamo and how he became the leader that the prison needed to get turned around. He even makes the claim that there were “no more incidents of abuse reported by an interrogator or a psychologist” after he arrived in June 2004.

Even though James is a psychologist and represents himself as a medical professional, he describes an internal struggle that he has surrounding his role as both a soldier and a healer. Despite this conflict, James picks a side:

“It was clear to me that I was no longer a doctor but rather a combatant with the sole purpose of helping the Army kill or capture the enemy.”

It is this conclusion that leads to questions about whether James felt that he was a combatant when he was interacting with detainees at Guantanamo Bay and when he expresses disdain for groups and individuals that have been critical of United States policy. Here is how James describes the International Committee of the Red Cross in his book:

“Like most other soldiers, I saw the ICRC representatives as a bunch of radical left do-gooders, mostly from Europe, who were as interested in giving America a black eye as they were in truly helping the innocent. Every ICRC rep I met had long, disheveled ‘60s and ‘70s hairstyles as well as Birkenstock sandals—the consummate hippie motif. They thought all of the detainees were completely innocent and only needed to be hugged more.”

James denies that he ever did anything inappropriate or criminal while he was at Guantanamo Bay or Abu Ghraib and claims that his critics have no evidence to back up their charges. In fact, James claims that he was never at either location when abuses were occurring. This is a puzzling claim considering many publicly available documents that shed more light on the time period when James was stationed at Guantanamo Bay.

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Col. Larry James, PH.D. arrived at the Guantanamo Bay prison facility in January 2003 as the Chief Psychologist of the Joint Intelligence Group and a senior member of the Behavioral Science Consultation Team (BSCT). James’ stint at the prison facility lasted until May 5, 2003. According to what James wrote in Fixing Hell he was responsible for improving interrogation methods and his boss, Major General Geoffrey D. Miller, was also on board with implementing humane and respectful tactics:

“General Miller had discussed how I would be replacing Major Leso, and that it would be my job to teach the interrogators how to get intel without yelling, slapping, sleep deprivation, humiliation, or food deprivation.”

[…]

“While working with them [juvenile prisoners], I was still expected to oversee the rest of the interrogation process at Gitmo and to fix what had gone so wrong in the past.”

Through the words of James, it is quite clear that his role was to oversee the interrogation process and while he claims that he did, that abusive techniques were addressed, and that all the problems were fixed during his tenure, officially released documents tell another story.

In November 2008, the Senate Armed Services Committee concluded an investigation into the treatment of detainees that were held in U.S. custody. The bipartisan report was released on April 21, 2009 and covered military interrogations. Some of the conclusions that the report reached were as follows:

- Once President Bush made a written declaration on February 7, 2002 that the Geneva Conventions did not apply to Al Qaeda and the Taliban, it opened the door for techniques such as waterboarding, nudity, stress positions, and others to be used.
- High level Bush Administration officials and Cabinet members held meetings in 2002-2003 that specifically discussed interrogation techniques.
- Secretary of Defense Donald Rumsfeld’s authorization of “aggressive interrogation techniques” on December 2, 2002 was a direct cause of abuse at Guantanamo Bay.
- When Major General Geoffrey Miller visited Iraq in August and September 2003, he encouraged interrogators to be more aggressive during interrogations.
- The detainee abuse at Abu Ghraib in late 2003 was not the result of a few soldiers acting alone, but the techniques depicted in the infamous photos were the result of their approval in Afghanistan and Guantanamo Bay.

The 232 page report also details some of the behavior that transpired at Guantanamo Bay in the Spring of 2003, the same time period that Col. James was present and working to (in his words) “fix what had gone so wrong in the past”. Contrary to the statements made by James in his book regarding Maj. Gen. Miller, on Page 129 of the Senate Armed Services Report it states:

“General Hill’s March 21, 2003 memo stated that both he and MG Miller felt that approval of all of the previously authorized techniques (in Categories I, II and III) was “essential”. General Hill stated that ‘both Geoff Miller and I believe that we need as many appropriate tools as possible’ and called Category II and the one previously authorized Category III technique ‘critical to maximizing our ability to accomplish the mission, now and in the future.” The ‘critical’ techniques referred to by General Hill included stress positions, deprivation of light and auditory stimuli, removal of clothing, use of detainee phobias such as dogs, and the one Category III technique the Secretary had authorized, which included grabbing, poking and light pushing.

This was during a time period when Generals and a Working Group were looking into techniques that should be used and which techniques were appropriate at Guantanamo.

Also during this time period, the SASC Report states that a “Commander’s Inquiry” was launched to investigate claims that military personnel and military police were forcing detainees to participate in “physical training”. According to page 133 of the report, an interrogator, two analysts, and a member of the GTMO Behavior Science Consultation Team (the same BSCT team of which Col. James was a senior member) were interviewed for this inquiry. The report states that all of these figures “believed that the technique was appropriate, approved, applied properly, and was common practice…”

The report goes on to say that a subsequent memo (entitled a “Historic Look at Inappropriate Techniques used at GTMO”) was later filed and was very critical of the Commander’s Inquiry saying that it did not adequately review multiple claims of inappropriate behavior nor follow through with appropriate discipline. One of the incidents that was not reviewed, was one in which a female military interrogator wiped (what she told the detainee was) menstrual blood on his face and forehead. Furthermore according to the SASC Report, this “Historic Look” document concluded that:

"…the incidents occurring during the Spring of 2003 signif[ied] a consistent problem at GTMO.” It stated that it was “clear” that interrogators “may use several if not all of the techniques that require SECDEF notification.” The memo also concluded that the “interpretation of the SECDEF approved techniques has resulted in variations on how techniques are applied (i.e., is yelling, loud music and strobe lights environmental manipulation?)” and “[d]espite these revelations by interrogators, the supervisory chain of command reports that these techniques are not used.”

Not only does the SASC Report refute the claim made by Col. James that “…no incidents of abuse at Guantanamo Bay by either an interrogator or psychologist reported since my arrival in Cuba in January 2003”, but it also shows that these same patterns continued after James left GTMO in May 2003 after he claimed to have instituted policies “intended to prevent prisoner abuse at all military prisons.”

The SASC Report discusses the interrogation of Mohamadou Walid Slahi that began in July 2003 and went on through the end of that summer. Slahi was subjected to “variable light patterns” and “rock music to the tune of Drowning Pool’s ‘Let the Bodies Hit the Floor’”. Slahi was also shown a fake letter which contained information that Slahi’s mother had been captured and would soon be brought to GTMO. The fake letter also made sure to point out that she would be the first female prisoner at the “previously all-male prison environment.”

As the summer wore on, Slahi was reported to have been cooperative with interrogators yet his level of interrogation did not change. In an October 17, 2003 email that is highlighted in the SASC Report, that was sent from a GTMO interrogator to a member of the BSCT, it was discussed how Slahi was now hearing voices and knew that this was not normal. The member of the BSCT, LTC Diane Zierhoffer replied, “sensory deprivation can cause hallucinations, usually visual rather than auditory, but you never know…In the dark you create things out of what little you have…”

This is the same BSCT team that Col. James had been a senior member of only months earlier and where he claims he left in place policies that would prevent the abuse of future detainees.

It is clear through the SASC Report as well as through supplemental documents, that torture at Guantanamo Bay was instituted from the top down. It started with President Bush’s declaration that the Geneva Conventions do not apply to the detainees at the prison, continued with Defense Secretary Donald Rumsfeld’s authorizations, and percolated right down into the individual cells of detainees. As much as Col. James wants his readers to believe that the abuse stopped upon his arrival, it is overwhelmingly clear that it did not. Abuses happened during James’ 5 month tenure at the prison facility and it is clear that health care professionals were involved with interrogations. It is also clear that these problems were not “fixed” once James left GTMO and the Scott Horton piece that I reference in the introduction is further proof that suspicious deaths even occurred 3 years after James supposedly installed measures to protect against abuse.

Major General Miller, who Col. James mentions was on board with treating detainees humanely, made a trip up to Iraq in June 2003. This was one month after Col. James departure from GTMO. The SASC Report mentions that Miller thought they were running a “country club” in Iraq and that they were not “getting the maximum” out of the prisoners. When Miller was asked by another Major General what he meant, Miller replied, “you haven’t broken [the detainees] psychologically” and that he would get back to him on “some techniques you can use” to break them. The Abu Ghraib scandal broke in late 2003 and Miller was put in charge of the prison in March 2004.

General Miller’s conduct both during and after the tenure of Col. James in GTMO, should raise serious questions about the claims that Miller was trying to implement policies that would allow for the humane treatment of detainees. What should also be cause for concern is the amount of fundamentally misleading and false statements that can be found in Col. James’ book. From the characterization of Gen. Miller, to the statement about the absence of abuse at the prison post-2002, and to his statements about the role that he played during his tenure at the prison. When there are so many statements that seem to contradict various reports and official documents, one would think that it would only be appropriate to further examine the actual role that Col. James did play when so many documented abuses were ongoing. No in-depth investigations have been conducted and James is still a licensed psychologist in Louisiana, Ohio and Guam.

-----------

Currently, Col. Larry James is retired from the military and is the Dean of the School of Professional Psychology at Wright State University in Dayton, Ohio. Though retired from the military, James is still very much involved in issues of terrorism and the psychology of terrorists. This week, on February 3-4, James is leading a “Psychology of Terrorism Executive Workshop” at Wright State University. The stated goals of the Workshop are to:

- Define Psychological Terrorism
- Identify Types of Psychological Terrorism
- Discuss the role of the media in counterterrorism efforts
- Identify how demographics are used to recruit teenage terrorists
- Understand the psychological make-up of the suicide bomber
- Discuss strategies to prevent psychological terrorism

The website indicates that the intended audiences for this Executive Workshop are law enforcement officials, members of the Department of Homeland Security, DOD, and the Border Patrol. According to the agenda, there will be a total of four presenters at this Workshop (including James) and the program fee is $2,000 (lodging and transportation are not included).

The Campus Anti-War Network is planning to protest this event and there are continued calls from the Center for Constitutional Rights, the Canadian Center for International Justice, and Physicians for Human Rights to investigate James and his potential involvement in the abuses that took place in Cuba and Iraq. These organizations feel that it is important for those who were responsible for carrying out and implementing policies of torture, to be held accountable for their actions. It is also important to recognize the difference between actual accounts of what took place in GTMO, Afghanistan and Iraq and the revisionist history that is found in books like Col. James’ “Fixing Hell”.


This piece is cross posted here.

Tuesday, January 19, 2010

Scott Horton Discusses GITMO on MSNBC

After writing this extensive piece for Harper's the other day, Scott Horton appeared on Countdown with Keith Olbermann last night to discuss his article. You can read my summary of his piece here, but his work certainly deserves a full read.

Here is the video from Countdown last night:



It is simply a lie when you continue to hear either former Bush Administration officials or other pundits continue to claim that torture was not the official policy of the United States. There are documented instances of many detainees that have died while in U.S. custody and there are credible accounts of mistreatment and torture that continue to be brought to light. The "look to the future, not to the past" mantra of the Obama Administration on this topic continues to become more insulting as more and more stories of mistreatment are reported. It is especially alarming when (as appears to be the case in this instance) the Obama Administration actually has a chance to investigate substantive claims of wrong-doing and actively refuse to do so.

We are said to live in a nation where no one is above the law, but instead we are witnessing a system where those in power are actively shielding their eyes from those who break the law. We deserve better.

Monday, January 18, 2010

The Many Secrets of Guantanamo Bay

Whether it be in conversations about Iraq, Afghanistan, Pakistan, or any other country around the world, the policies of the Bush Administration are essential to take into consideration when examining where we find ourselves today. The election of Barack Obama to the Presidency did not change this fact no matter how much he wants to "move forward" and "not look to the past". The policies of the last Administration have far-reaching consequences and unless they are investigated to the fullest, we will not be able to fully heal as a country.

One of the areas where this especially holds true is in policies surrounding detention and interrogation. Scott Horton has a striking and disturbing new piece that was published in the latest edition of Harper's Magazine that demonstrates just how relevant this topic continues to be, even when the corporate media isn't reporting on the implications.

Horton's piece is entitled "The Guantanomo 'Suicides': A Camp Delta sergeant blows the whistle". It is a well researched and a very detailed account that should be read in full, but I will do my best to provide a summary.

The article begins with the story of three detainees who died on June 9, 2006 while being held in the Guantanamo Bay prison facility in Cuba. The official story goes that the prisoners coordinated a type of "suicide pact" and elaborately tricked the guards into thinking that they were sleeping when they were actually binding their hands and feet, stuffing a towel down their throats, and hanging themselves in their cells.

Now, some of the former personnel at the prison have come forward and raised questions about this official story and have indicated that this country should be investigating three homicides that took place at a special "dark-site" in Guantnamo Bay.

According to the NCIS, each prisoner had fashioned a noose from torn sheets and T-shirts and tied it to the top of his cell’s eight-foot-high steel-mesh wall. Each prisoner was able somehow to bind his own hands, and, in at least one case, his own feet, then stuff more rags deep down into his own throat. We are then asked to believe that each prisoner, even as he was choking on those rags, climbed up on his washbasin, slipped his head through the noose, tightened it, and leapt from the washbasin to hang until he asphyxiated. The NCIS report also proposes that the three prisoners, who were held in non-adjoining cells, carried out each of these actions almost simultaneously.

[...]

The fact that at least two of the prisoners also had cloth masks affixed to their faces, presumably to prevent the expulsion of the rags from their mouths, went unremarked by the NCIS, as did the fact that standard operating procedure at Camp Delta required the Navy guards on duty after midnight to “conduct a visual search” of each cell and detainee every ten minutes. The report claimed that the prisoners had hung sheets or blankets to hide their activities and shaped more sheets and pillows to look like bodies sleeping in their beds, but it did not explain where they were able to acquire so much fabric beyond their tightly controlled allotment, or why the Navy guards would allow such an obvious and immediately observable deviation from permitted behavior. Nor did the report explain how the dead men managed to hang undetected for more than two hours or why the Navy guards on duty, having for whatever reason so grievously failed in their duties, were never disciplined.

One of the soldiers that Horton spoke to is Army Staff Sergeant Joseph Hickman. When Hickman arrived at Guantanomo Bay, he quickly stumbled upon a compound near the main prison that he says other soldiers called "Camp No". The name refers to the answer that anyone would get when they asked about this compound: "no, it doesn't exist". Hickman then described some of his duties that seemed odd, including a secret van that was dubbed "the paddy wagon":

Hickman was instructed to make no record whatsoever of the movements of one vehicle in particular—a white van, dubbed the “paddy wagon,” that Navy guards used to transport heavily manacled prisoners, one at a time, into and out of Camp Delta. The van had no rear windows and contained a dog cage large enough to hold a single prisoner. Navy drivers, Hickman came to understand, would let the guards know they had a prisoner in the van by saying they were “delivering a pizza.”

The paddy wagon was used to transport prisoners to medical facilities and to meetings with their lawyers. But as Hickman monitored the paddy wagon’s movements from the guard tower at Camp Delta, he frequently saw it follow an unexpected route. When the van reached the first intersection, instead of heading right—toward the other camps or toward one of the buildings where prisoners could meet with their lawyers—it made a left. In that direction, past the perimeter checkpoint known as ACP Roosevelt, there were only two destinations. One was a beach where soldiers went to swim. The other was Camp No.

Hickman claims that on the night of June 9, he watched this "paddy wagon" depart his location at "Camp America" and drive to Camp No. He observed this three times in a row and then, a few hours later, he says that the paddy wagon returned and various soldiers unloaded something out of the back of the van. 45 minutes to an hour later, Camp Delta was abuzz:

He asked a distraught medical corpsman what had happened. She said three dead prisoners had been delivered to the clinic. Hickman recalled her saying that they had died because they had rags stuffed down their throats, and that one of them was severely bruised. Davila told me he spoke to Navy guards who said the men had died as the result of having rags stuffed down their throats.

[...]

By dawn, the news had circulated through Camp America that three prisoners had committed suicide by swallowing rags. Colonel Bumgarner called a meeting of the guards, and at 7 a.m. at least fifty soldiers and sailors gathered at Camp America’s open-air theater.

[...]

According to independent interviews with soldiers who witnessed the speech, Bumgarner told his audience that “you all know” three prisoners in the Alpha Block at Camp 1 committed suicide during the night by swallowing rags, causing them to choke to death. This was a surprise to no one—even servicemen who had not worked the night before had heard about the rags. But then Bumgarner told those assembled that the media would report something different. It would report that the three prisoners had committed suicide by hanging themselves in their cells. It was important, he said, that servicemen make no comments or suggestions that in any way undermined the official report. He reminded the soldiers and sailors that their phone and email communications were being monitored. The meeting lasted no more than twenty minutes. (Bumgarner has not responded to requests for comment.)

The rest of Horton's piece describes how documents were seized from prisoners at the compound regardless of client-attorney privilege and how the autopsies of the three men who died, seemed suspicious (all of their neck organs had been removed during the autopsy). The families of each of the three men had independent autopsies performed and there was bruising and other evidence of torture on the bodies.

Upon returning to the United States, the soldiers that Horton spoke with for this piece went to the Justice Department so that they could look into this matter and after much silence from the DOJ, on November 2, 2009 they concluded that the "gist of the information" could not be confirmed.

The silence here is deafening and the greater details that are present in Horton's piece should be read as they are even more disturbing than the brief outline that I have provided here. What is necessary to remember here is that there are still close to 200 people being held at Guantanamo Bay in Cuba. Many without charge and many with uncertain futures. Despite President Obama's pledge to close the facility within a year, it remains open and many question marks continue to be raised about the conduct within this facility.

It is alarming at best to continue down the road of "looking forward" when stories like this one continue to come out. For a country that claims to be a "nation of laws" to simply ignore these gross abuses and ignore rather than investigate potential criminal wrong-doing should simply be unacceptable. It is true that there is a lot on the plates of those in Washington these days, but it is stories like this one that emphasizes just how deep our countries wounds are. This is not something that can be swept under the rug rather it is a topic that needs to be shouted from the rooftops until it is constructively addressed. Policies that were deliberately in place to create conditions in which things like this could happen are not simply forgotten without consequence. There are very lasting and harmful effects from the last eight years that must be addressed before we can heal and move on as a better and a more humane people.

It is time to bring this conversation back into the national dialogue.

Tuesday, December 29, 2009

Old Debates Resurface in Lieu of Foiled Terror Attack

After the foiled terrorist attack on a Christmas Day inbound flight to Detroit, familiar conversations are popping up on the news networks and on blogs. There are renewed debates on racial profiling and people like Sen. Joe Lieberman (I-CT) have floated the idea of preemptive action against Yemen.

Spencer Ackerman was on MSNBC's Morning Joe this morning debating Pat Buchanan who advanced many of the same arguments that we see made after an incident like this:



Buchanan's calls for torture and for trading judicial procedure for shadowy, behind-the-scenes tactics really seems crazy when you consider events of the last decade. It sure doesn't take long for figures like Buchanan to forget what we have learned when a situation allows for a reactionary response.

Thursday, October 22, 2009

Musicians Speak Out on Using Music as Torture, Closing Guantanamo

From Lisa Derrick at La Figa:

Musicians, including R.E.M and Pearl Jam, launched a formal protest of the use of music used in conjunction with torture that took place at Guantanamo Bay and other facilities. And they’ve announced they are supporting an effort seeking the declassification of all secret government records pertaining to how music was utilized as an interrogation device.

Both Tom Morello and Trent Reznor–the music of Rage Against the Machine and Nine Inch Nails were used as part the torture of inmates–are involved in the campaign. Says Morello in a statement:

Guantanamo is known around the world as one of the places where human beings have been tortured – from water boarding, to stripping, hooding and forcing detainees into humiliating sexual acts – playing music for 72 hours in a row at volumes just below that to shatter the ear drums.


Morello, Rage Against the Machine’s guitarist, adds:

Guantanamo may be Dick Cheney’s idea of America, but it’s not mine. The fact that music I helped create was used in crimes against humanity sickens me – we need to end torture and close Guantanamo now.


Also on board united in finding out about the abuse: Jackson Browne, Billy Bragg, Michelle Branch, T-Bone Burnett, David Byrne, Rosanne Cash, Marc Cohn, Steve Earle, the Entrance Band, Joe Henry, Pearl Jam, Bonnie Raitt, R.E.M., Rise Against, and The Roots. The campaign was organized by long time music fan and political organizer Trevor FitzGibbon.


You can go here to sign a letter, joining the musicians who are speaking out against torture and advocating the closure of the prison facility in Guantanamo Bay.

Here is what R.E.M has to say:

We signed onto the campaign in complete support of President Obama and the military leaders who have called for an end to torture and to close Guantanamo. As long as Guantanamo stays open, America’s legacy around the world will continue to be the torture that went on there. We have spent the past 30 years supporting causes related to peace and justice – to now learn that some of our friends’ music may have been used as part of the torture tactics without their consent or knowledge, is horrific. It’s anti-American, period.


and from the Roots:

When we found out that music was being used as part of the torture going on at Guantanamo, shackling and beating people - we were angry. Just as we wouldn’t be caught dead allowing Dick Cheney to use our music for his campaigns, you can be damn sure, we wouldn’t allow him to use it to torture other human beings. Congress needs to shut Guantanamo down.

Monday, October 19, 2009

They Hate us Because we are Free?

David Rohde is a New York Times reporter that was captured by the Taliban and held for seven months before he was released. He is currently writing about his time as a hostage in a series at the New York Times and in his second installment of the series today, he wrote:

For the next several nights, a stream of Haqqani commanders overflowing with hatred for the United States and Israel visited us, unleashing blistering critiques that would continue throughout our captivity.

Some of their comments were factual. They said large numbers of civilians had been killed in Afghanistan, Iraq and the Palestinian territories in aerial bombings. Muslim prisoners had been physically abused and sexually humiliated in Iraq. Scores of men had been detained in Cuba and Afghanistan for up to seven years without charges.

To Americans, these episodes were aberrations. To my captors, they were proof that the United States was a hypocritical and duplicitous power that flouted international law.

When I told them I was an innocent civilian who should be released, they responded that the United States had held and tortured Muslims in secret detention centers for years. Commanders said they themselves had been imprisoned, their families ignorant of their fate. Why, they asked, should they treat me differently?


Glenn Greenwald has been writing about this and reacts to this passage by Rohde by saying:

So much of this disparity is explained by a basic lack of empathy: imagine if every American spent just a day contemplating how they'd react if some foreign army from a Muslim nation invaded and bombed the U.S., occupied the country for the next several years with 60,000 soldiers, killed tens of thousands of citizens here, set up secret prisons where they disappeared Americans for years without charges or even contact with the outside world, imposed sanctions that blockaded food and medicine and killed countless children, invaded and ransacked our homes at will, abducted Americans and shipped them halfway around the world to island-prisons, instituted a worldwide torture regime, armed their allies for attacks on other Western nations, and threatened still other invasions.

Do you think Americans might be seething with rage about that, wanting to kill as many of the people from that country as possible? Wouldn't it be rather obvious that the more that was done to Americans, the more filled with hatred and a desire for violence they would be? Just consider the rage and fury and burning desire for vengeance that was unleashed by a one-day attack on U.S. soil, eight years ago, by a stateless band of extremists, that killed 3,000 people.



But..."they" hate us because we are free right?

Tuesday, September 1, 2009

Jeremy Scahill on Torture and Dick Cheney

Jeremy Scahill was on Countdown with Keith Olbermann last night talking about torture and Dick Cheney's latest interview with Chris Wallace of Fox News. Video is below:

Monday, August 31, 2009

Dick Cheney has a Lovely Chat With Fox's Chris Wallace

Former Vice President Dick Cheney was interviewed by Fox News' Chris Wallace over the weekend. If there is still any question remaining in your mind about the level of journalism displayed at Fox News, look no further than this interview:



Andrew Sullivan likened it to "a teenage girl interviewing the Jonas Brothers":

Now look: there are softball interviews; and then there are interviews like this. It cannot be described as journalism in any fashion. Even as propaganda, which is its point, it doesn't work - because it's far too cloying and supportive of Cheney to be convincing to anyone outside the true-believers. When it comes to Cheney, one of the most incompetent vice-presidents in the country's history, with a record of two grotesquely botched wars, war crimes and a crippling debt, Chris Wallace sounds like a teenage girl interviewing the Jonas Brothers.

My two favorite moments:

CHENEY: I am going to -- if I address that, I will address it in my book, Chris.

WALLACE: It is going to be a hell of a book.

CHENEY: It is going to be a great book.

And then the apology for asking the questions Cheney wanted asked:

WALLACE: Well, we want to thank you for talking with us and including in your private life putting up with an interview from the likes of me.

CHENEY: It's all right. I enjoy your show, Chris.

WALLACE: Thank you very much, and all the best sir.

When future historians ask how the United States came not only to practice torture but to celebrate it and treat torturers as heroes, a special place in hell among the journalists who embraced and justified it should be reserved for Chris Wallace.

Tuesday, August 25, 2009

More that has yet to be Revealed on Torture

Scott Horton has a great post in which he discusses seven of his observations surrounding the recent release of the 2004 Inspector General report. His whole post is worth a full read and you can find it here, but in the meantime, here are a few of his observations:

1. The worst is yet to come. Yesterday the CIA released a fresh copy of the report with roughly half of the “case study” discussion now unmasked. But context and placement suggest that the material that remains concealed contains some of the worst discussion of abuse in the report. The heavy redactions start around page 25, and the redactions cover discussion of the origins of the program and the approval process, as well as the discussion of specific prisoners, notably Abu Zubaydah, Abd al-Rahim al-Nashiri, and Khalid Shaikh Mohammad. Although cases in which the guidelines provided by the Justice Department were exceeded have been discussed, it’s likely the case that the still blacked-out passages cover instances where Justice gave a green light but the conduct was so gruesome that CIA wants to keep it under wraps. That means we haven’t heard the last of the Helgerson report, and further disclosures are likely.

2. Opposition from within. For years the CIA has said that CIA personnel would be demoralized and the reputation of the agency would be damaged by disclosure of the contents of the report. But the report documents just the opposite. The Inspector General’s review was launched by complaints coming from valued senior employees who felt that the Bush Program (as John Yoo has dubbed it) was wrong. One of them actually expresses his worry that those involved will be hauled before the World Court at some point because of [and that’s redacted!] This makes clear that good employees of the agency opposed the Bush Program, were vocal in their opposition, and focused concern on the program’s illegality. The OLC memos were intended to silence these complaints, but they only accentuated the agency’s morale problems by enmeshing it in obviously illegal and immoral conduct. By contrast, the number of CIA personnel involved in pushing it through and supporting it is tiny—probably not many more than two dozen—though their voices are heard very loudly. It’s interesting that in a stream of appearances by CIA personnel on TV yesterday—Tyler Drumheller, Jack Rice, Bob Baer and others—all said that a criminal investigation was a good idea. The official spokesman of the CIA torture team remains, as for the last seven years, David Ignatius.

[...]

4. All trails lead to the Vice President’s office. At several points, redactions begin just when the discussion is headed toward the supervision or direction of the program and context suggests that some figure far up the Washington food chain is intervening. Moreover, as Jane Mayer recounts in Dark Side, Helgerson’s report was shut down when he was summoned, twice, to meet with Dick Cheney, who insisted that the report be stopped. Cheney had good reason to be concerned. This report shows that the vice president intervened directly in the process and ensured that the program was implemented. The OPR report likewise shows Cheney’s office commissioning the torture memos and carefully supervising the process. It is increasingly clear that torture was Dick Cheney’s special project and that he was personally and deeply involved in it. And the CIA report has some amazing nuggets that show Cheney’s hand. In 2003, after Jay Bybee departed OLC, Cheney struggled to have John Yoo installed as his successor, but ultimately John Ashcroft’s candidate, Jack Goldsmith, prevailed. Goldsmith quickly backtracked on the torture authorizations that Yoo and Bybee gave. The result? The CIA stopped taking its cue from OLC and instead turned to the White House for guidance. It is remarkably vague on the particulars, and blackouts emerge just as passages seem to be getting interesting. But there’s little doubt that Dick Cheney and his staff were pushing the process from behind the scenes.

Inspector General's Report Released - Detainees Threatened with Death and Rape

Yesterday the Justice Department released the long-awaited 2004 Inspector Generals Report on the treatment of detainees in U.S. custody. This is the largest single release of information that gives insight into the implementation of policies that were crafted by the Bush Administration and carried out by the CIA.

Some of the new revelations that have come to light in the release of this report are the following tactics:

- Threats of execution using guns and threats of the use of a power drill
- Threats to kill a detainees children
- Pressure points that were used to restrict blood flow via the carotid artery until the detainee faints, then shaking the detainee awake and repeating.
- Threats to rape the female members of the detainees family in front of the detainee.
- Striking a detainee in the chest with the butt of a rifle and kneeing a detainee in the chest.
- Blowing smoke into a detainees face for five minutes.
- Using waterboarding techniques with large quantities of water

Some conclusions that were issued in the IG Report:

250. The Agency's detention and interrogation of terrorists has provided intelligence that has enabled the identification and apprehension of other terrorists and warned of terrorist plots planned for the United States and around the world. The eTC Detention and Interrogation Program has resulted in the
issuance of thousands of individual intelligence reports and analytic
products supporting the counterterrorism efforts of U.S. policymakers and military commanders. The effectiveness of particular interrogation techniques in eliciting information that might not otherwise have been obtained cannot be so easily measured,
however.

[...]

253.~The Dol legal opinion upon which the Agency relies is based upon technical definitions of t1severell treatment and the "intent" of the interrogators, and consists of finely detailed analysis to buttress the conclusion that Agency officers properly carrying out Errs would not violate the Torture Convention's
prohibition of torture, nor would they be subject to criminal prosecution under the u.s. torture statute. The opinion does not address the separate question of whether the application of standard or enhanced techniques by Agency officers is consistent with the undertaking, accepted conditionally by the United States regarcling
Article 16 of the Torture Convention, to prevent "cruel, inhuman or degrading treatment or punishment."


Another interesting note:

232. ~'One officer expressed concern that one day, Agency officers will wind up on some '~wanted list to appear before the World Court for war crimes stemming from activities [redacted] Another said, "Ten years from now we're going to be 'sorry
we're doing this ... [but] it has to be done." He expressed concern that the eTC Program will be exposed in the news media and cited particular concern about the possibility of being named in a leak.


The IG apparently had some recommendations, but they were all redacted in the report that was released.

Glenn Greenwald:

To those blithely dismissing all of this as things that don't seem particularly bothersome, I'd say two things:

(1) The fact that we are not really bothered any more by taking helpless detainees in our custody and (a) threatening to blow their brains out, torture them with drills, rape their mothers, and murder their children; (b) choking them until they pass out; (c) pouring water down their throats to drown them; (d) hanging them by their arms until their shoulders are dislocated; (e) blowing smoke in their face until they vomit; (f) putting them in diapers, dousing them with cold water, and leaving them on a concrete floor to induce hypothermia; and (g) beating them with the butt of a rifle -- all things that we have always condemend as "torture" and which our laws explicitly criminalize as felonies ("torture means. . . the threat of imminent death; or the threat that another person will imminently be subjected to death, severe physical pain or suffering . . .") -- reveals better than all the words in the world could how degraded, barbaric and depraved a society becomes when it lifts the taboo on torturing captives.

(2) As I wrote rather clearly, numerous detainees died in U.S. custody, often as a direct result of our "interrogation methods." Those who doubt that can read the details here and here. Those claiming there was no physical harm are simply lying -- death qualifies as "physical harm" -- and those who oppose prosecutions are advocating that the people responsible literally be allowed to get away with murder.


It simply can not become any clearer than this. If the United States expects to be a moral leader and a just leader in the global community there is simply no excuse for not investigating and prosecuting all those involved in the previous administration. A narrow investigation that focuses on the lower-level personnel who carried out these brutal acts of torture is meaningless unless there are also investigations that go straight to the top. As I have stated time and time again, if the United States wishes to never go down this road again, then the only deterrent is to hold those who are responsible for implementing these techniques to account. Anything less is criminal.

Monday, August 24, 2009

Holder Appoints Special Prosecutor to Invesigate Torture...Sort Of

Attorney General Eric Holder has announced that he is going to appoint a special prosecutor to investigate whether members of the CIA went too far while interrogating detainees in U.S. custody. Holder is going to name John Durham to lead this investigation, the scope of which will be quite narrow. From the Washington Post article that I linked to above (emphasis mine):

Durham's mandate, the sources added, will be relatively narrow: to look at whether there is enough evidence to launch a full-scale criminal investigation of current and former CIA personnel who may have broken the law in their dealings with detainees. Many of the harshest CIA interrogation techniques have not been employed against terrorism suspects for four years or more.

The attorney general selected Durham in part because the longtime prosecutor is familiar with the CIA and its past interrogation regime. For nearly two years, Durham has been probing whether laws against obstruction or false statements were violated in connection with the 2005 destruction of CIA videotapes. The tapes allegedly depicted brutal scenes including waterboarding of some of the agency's high value detainees. That inquiry is proceeding before a grand jury in Alexandria, although lawyers following the investigation have cast doubt on whether it will result in any criminal charges.

[...]

With Monday's looming public announcement, however, the attorney general and his national security team appear to be staking out a middle ground -- rejecting a broad inquiry that could result in possible prosecutions of Justice Department lawyers in the Bush years as well as cabinet officers who developed counterterrorism policy; but giving civil liberties advocates at least part of what they wanted without supporting a full, independent truth commission to examine a host of Bush national security practices.


In other words, this is a sham. Holder is opting to appoint a prosecutor (who is already involved in another investigation) to see if anyone in the CIA acted outside of the "legal" framework that was set up by the Bush Administration (and the OLC lawyers like John Yoo) but the investigation will not have a broad enough scope to examine the legality of the interrogation program itself. Remember when U.S. soldiers at Abu Ghraib prison were prosecuted and labeled a "few bad apples"? This may turn out similarly. The argument for prosecutions is not that officials went beyond what the Bush Administration claimed was legal, but that the Bush Administration's (in this case) interrogation policies need to be examined for criminal wrong-doing. The Attorney General apparently has no interest in doing the latter.

Also, take note of the final paragraph of the Washington Post piece that I quoted above. Notice the framing of the issue, that Eric Holder is "staking out a middle ground" on this issue as if the rule of law is some kind of political debate. While there very well could be potential political implications for appointing a special prosecutor with a broader mandate, this is not the same thing as taking a middle ground on whether to investigate potential violations of the law. After all, how does one take a centrist role and compromise on enforcing the rule of law?

Jeremy Scahill on "Real Time" and the Release of the Inspector General's Report

Real Time with Bill Maher had an interesting panel this past Friday night on HBO. Included in this panel were comedian Jay Leno, NBC political correspondent Chuck Todd, and investigative journalist Jeremy Scahill.

They get to talking about Blackwater, torture, and holding elected officials to account when Scahill calls out Chuck Todd for the media's role (and Todd's role) in framing this debate. Here is the video:



You may remember a recent interview that transpired between Chuck Todd and Glenn Greenwald where Greenwald made Todd's arguments against investigations look ridiculous. Here is an exchange:

GG: ...But let me ask you this question - and I just have a couple more questions, and I appreciate this time. You just referenced earlier that you think that this has become cable catnip because it's an entrenched partisan debate between the left and the right. And about a month ago you created a little controversy because you said about the question about whether there should be investigations, about the release of the OLC memos, you said, quote, "Frankly, this feels like a political food fight right now: the hard left, the hard right fighting over this in the blogosphere."

Some of the people who have called for investigations and prosecutions of Bush-era torture crimes include people like Jesse Ventura, the former independent governor of Minnesota; Philip Zelikow, the former aide to Condoleezza Rice; four-star general Barry McCaffrey, who said, on MSNBC, actually, that numerous detainees were, quote, "murdered" in custody, and that there's no way that we can not have criminal investigations. General Antonio Tabuga, who investigated the Abu Ghraib crimes, said: quote, "There is no longer any doubt as to whether the current administration has committed war crimes; the only question that remains to be answered is whether those who ordered the use of torture will be held to account." Same with Lawrence Wilkerson, the former chief-of-staff to Colin Powell; Thomas Pickering and Williams Sessions, former Reagan administration officials, on and on, wrote an op-ed in The Washington Post calling for investigations.

The idea that this is something that, the idea that the rule of law, that holding our high government officials to accountability when they commit crimes, is a "hard left versus a hard right" or a partisan debate - isn't that really just an invention of cable news, for exactly the reason that you said, which is that's how cable news typically understands things, even when that's not really what the debate is?

CT: Well, look - and that is my frustration on this very issue, that I don't think - and this is why, when I said, how should this be handled, and how should this be investigated - if you could guarantee me that we could keep this debate off of television, and keep it off of being an ideological - because, this was an ideological, when you read those OLC memos, I was struck by this fact, and that is that the Bush White House was looking for a legal way to do this. They were trying to legally justify what they were doing, and what their policy was. Which then, if that is the case, then, things are going to have an ideological split, and frankly, you, you and I both know you're going find judges that end up falling on both sides of this issue.

Now, does that mean that there shouldn't be investigations as to how these detainees died in custody? Of course there should be investigations. That's what makes the American form of justice held to a higher standard.

GG: And what should be done about investigations that reveal that there were crimes that were committed?

CT: Well, look, that's up to the Justice Department. I know you have strong feelings about this. I am trying, honestly, very hard, not to put my personal feelings on this specific issue into it. I am trying to deal in the analysis of why, for instance, the Obama White House doesn't want this. They don't want to have this debate even if they passionately feel, as many do, about what might have happened.


Scahill's moment with Todd is the second instance where Todd has been forced to defend his views that prosecutions of the Bush Administration are not appropriate and should therefore not happen. Todd is not alone in his views, in fact, the Obama Administration has also adopted this "look forward not to the past" mantra when discussing the possibility of prosecuting Bush Administration officials.

The relevancy of this is also to be noted as the Justice Department is expected to release the internal investigation into torture by John L. Helgerson, or the Inspector General's report. The release of this investigation has been delayed on numerous occasions and should give us additional insight and provide for more disturbing details into the types of actions that were authorized under the Bush Administration. Scott Horton has more thoughts:

If the passages of the report describing in detail the practices used and comparing them to the OLC guidance are released, that would be significant. It would effectively set the stage for the appointment of a special prosecutor—and indeed, it looks to me that the Justice Department is now trying to build support for such a decision.

But in addition to the CIA inspector general’s report, another major document has been on hold for some time: the report of the department’s ethics office, the Office of Professional Responsibility (OPR). Now, its disclosure is another major issue. The New York Times reports this morning that OPR is advising Holder to “reopen nearly a dozen prisoner-abuse cases” based on its internal review of the torture memoranda and the process that led to their issuance.

This formulation suggests that these cases were investigated and dealt with by the Justice Department under Bush–but that plainly is not correct. The cases were funneled into the U.S. attorney’s office for the Eastern District of Virginia, which served as a sort of “dead letter office” for politically sensitive cases on which the Bush team expected nothing to happen. And nothing did happen. The OPR report would set the stage for appointment of a special prosecutor to look at these cases. As a result of the passage of time and the failure to undertake an investigation while evidence is fresh, it will now be much more difficult to build a case for charges, but an effort will be made. Still, the real issue is whether the OPR report itself will be made public.

[...]

Release of the entire OPR report is critical. If it is not released, or released with key passages blacked out, that will suggest that the Attorney General wants to protect Justice Department figures from scrutiny. The public would be correct to cry foul about this and any other efforts to deflect attention from the Justice Department’s own role in the wrongdoing, which was enormous.

The disclosures made at the beginning of the week will provide a solid indication of how we can expect Eric Holder to act. Most likely he will be exercising discretion to disclose facts and information that reveal whatever conduct he has decided to investigate. That’s sensible enough. But we shouldn’t allow this to distract us from what he’s chosen to keep secret. That will be even more revealing.


UPDATE: Jeremy Scahill sent an email to Glenn Greenwald after his appearence on Real Time that said the following:

Right as we walked off stage, he said to me "that was a cheap shot." I said "what are you talking about?" and he said "you know it." I then said that I monitor msm coverage very closely and asked him what was not true that I said on the show. He then replied: "that's not the point. You sullied my reputation on TV."


So reporting the truth and pointing out the lack of independence in the media isn't the issue, it is about not hurting the feelings of Chuck Todd. This speaks volumes about real journalism in today's society.

Thursday, August 13, 2009

Obama's Rendition Program

Scott Horton has a piece up at the Huffington Post about Raymond Azar, the apparent first case of rendition that has been carried out on Obama's watch. Horton's whole piece is worth the read, but here are some clips:

According to court papers, on April 7, 2009, Azar and a Lebanese-American colleague, Dinorah Cobos, were seized by "at least eight" heavily armed FBI agents in Kabul, Afghanistan, where they had traveled for a meeting to discuss the status of one of his company's U.S. government contracts. The trip ended with Azar alighting in manacles from a Gulfstream V executive jet in Manassas, Virginia, where he was formally arrested and charged in a federal antitrust probe.

[...]

On a ride to the infamous Bagram air base in Afghanistan -- site of the torture-homicides involving U.S. interrogators exposed in the Oscar-winning documentary Taxi to the Dark Side -- Azar contends that a federal agent pulled a photograph of Azar's wife and four children from his wallet. Confess that you were bribing the contract officer, the agent allegedly said, or you may "never see them again." Azar told his lawyers he interpreted that as a threat to do physical harm to his family.

[...]

Before boarding the Gulfstream, Azar was shackled, blindfolded and had earphones placed on his head. Occasionally, the earphones and blindfold were removed so that his interrogation by FBI agents could continue. The 16-hour flight was broken by a refueling stop in Tbilisi, Georgia -- which has long served as a pit stop for rendition flights into and out of the Afghanistan-Pakistan region. During the flight, according to papers filed by the Justice Department, Azar confessed to the charges against him--essentially that he was aware of corrupt payments made to a U.S. government contract agent to help Sima International secure or extend its contracts with U.S. government agencies.

Azar's attorneys are now seeking to suppress that confession, arguing it was secured by torture and that Azar, a native Arabic speaker, did not understand English well enough to have given it.

Monday, August 10, 2009

ACLU Releases "Tortured Logic" Video

The ACLU has released a video of various entertainers reading one of the "torture memos" that was authored by Jay Bybee. (h/t Valtin) From the ACLU's YouTube page:

ACLU video shows prominent figures like Oscar-winning director Oliver Stone and a 9/11 family member reading from one of the infamous Bush administration legal memos used to justify the use of torture against detainees in U.S. custody. The video calls for accountability and the restoration of the rule of law.

The video includes appearances by Oliver Stone, 9/11 family member Patricia Perry, actors Rosie Perez, Noah Emmerich, John Doman and Reg E. Cathey, and musical composer Philip Glass, among others, reading directly from a memo authored by Jay Bybee, former head of the Justice Departments Office of Legal Counsel under the Bush administration. The memo was released in April as part of a Freedom of Information Act lawsuit filed by the ACLU.


This video comes as Attorney General Eric Holder appears poised to launch an investigation into CIA interrogation abuses. Though this is being touted by some as a step forward in trying to hold torturers to account, the Chicago Tribune reports:

A senior Justice Department official said the probe Holder envisions would be "narrow" in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos known for their extreme interpretations of anti-torture laws.


This so-called "investigation" will likely accomplish little and may not even result in criminal prosecutions. These investigations will also do nothing in examining those who authorized the torture policies or the Bush Administration officials who pushed for such policies despite any legal ramifications. Holder, and the Obama Administration, continue to turn a blind eye to abuses of the law by members of the previous administration which leave this country open to repeating the same abuses due to the lack of consequences for law-breaking. The ACLU's video is below: