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:

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.

Torturing for all the Right Reasons

Alicia Shepard, Ombudsman for National Public Radio, has continually been appearing on NPR programming to defend NPR's policy of not referring to so-called "enhanced interrogation techniques" as torture. There has been an interesting development since I wrote about this issue last week that takes Shepard's defense from sad, to ridiculous.

From Glenn Greenwald:

Finally, I was on an NPR station yesterday in Seattle to discuss NPR's ban on the use of the word "torture" to describe Bush administration interrogation tactics. I originally understood that I would be on with NPR Ombudsman Alicia Shepard, but alas, it turns out that she agreed only to be on the show before me, so as not to engage or otherwise interact with me, so I was forced to listen to her for 15 minutes and wait until she hung up before being able to speak. The segment can be heard here, beginning at the 14:00 mark (though the quality of the recording is poor in places).

The most noteworthy point was her explicit statement (at 17:50) that "the role of a news organization is to lay out the debate"; rarely is the stenographic model of "journalism" -- "we just repeat what each side says and leave it at that" -- so expressly advocated (and see Jon Stewart's perfect mockery of that view). She also said -- when the host asked about the recent example I cited of NPR's calling what was done to a reporter in Gambia "torture" (at the 20:20 mark) -- that NPR will use the word "torture" to describe what other governments do because they do it merely to sadistically inflict pain on people while the U.S. did it for a noble reason: to obtain information about Terrorist attacks. That's really what she said: that when the U.S. did it (as opposed to Evil countries), it was for a good reason. Leaving aside the factual falsity of her claim about American motives, Shepard actually thinks that "torture" is determined by the motive with which the suffering is inflicted. The connection between the Government's ability to get away with these things and the media's warped view of its role really cannot be overstated.

[...]

I've been going back and forth on whether Shepard's deficiency is primarily one of intellect or whether she's just a hard-core Cheneyite. I'm now convinced -- after her statements yesterday on that show I did with after her -- that it's both.

Anyone who can say that what we do is not "torture" because we do it for the right reasons -- whereas it's "torture" when those other countries do it because they're sadistic and bad -- is someone who is devoid of both basic reasoning skills and good motives.

and as Kevin Drum points out, this is indeed what Shepard said!

For the record, here's what she actually said about NPR's piece on Gambia:

In that case, these were strictly tactics to torture him, to punish him, versus in the United States, and the way that it's used, these are tactics used to get information. The Gambian journalist was in jail for his beliefs.


Wow. She really did say that, didn't she? When other people do it for other reasons, it's torture. When we do it for our reasons, it's not.

You don't usually find people willing to say this quite so baldly. Congratulations, Alicia Shepard.

Astounding isn't it? Shepard's defense of NPR's decision to not use the word "torture" (in describing the tactics approved by the Bush Administration) has descended into the realm of pathetic. To (wrongly) advance the argument or moral superiority when discussing the reasoning behind torture and then using that as justification for why NPR shouldn't call it torture, is absurd on every possible level. Shepard's defense boils down to "we torture for good reasons" and "others torture for bad reasons", therefore, we shouldn't describe our techniques as "torture" when reporting on them. Can it be any clearer why critical journalism is suffering? And this is from National Public Radio.

Will Scott Roeder be Waterboarded?

I am sure that many of you have heard this piece of news from the weekend:

The man charged with murdering a high-profile abortion doctor claimed from his jail cell Sunday that similar violence was planned around the nation for as long as the procedure remained legal, a threat that comes days after a federal investigation launched into his possible accomplices.

A Justice Department spokesman said the threat was being taken seriously and additional protection had been ordered for abortion clinics last week. But a leader of the anti-abortion movement derided the accused shooter as "a fruit and a lunatic."

Scott Roeder called The Associated Press from the Sedgwick County jail, where he's being held on charges of first-degree murder and aggravated assault in the shooting of Dr. George Tiller one week ago.

"I know there are many other similar events planned around the country as long as abortion remains legal," Roeder said. He would not elaborate.

As several other bloggers have pointed out, according to the Bush Administration and those who defend so-called "enhanced interrogation techniques", why shouldn't we use these techniques on Scott Roeder? He has connections to radical organizations and has hinted that he has knowledge of other "similar" events that are planned around the country that could target doctors. Should we put Roeder in a box with an insect? Put him is stress positions? Use sleep deprivation? Strip him naked and expose him to sensory deprivation? Waterboard him? If torture provides such valuable and accurate information and we are involved in a ticking-timebomb scenario, then what are we waiting for?

Torture: A Look at Some of the Evidence that has Mounted against the Bush Administration

We have reached a point in time where everything seems so surreal. We continue to see evidence piled on top of evidence of the criminal actions that the Bush Administration has engaged in and continues to engage in. From the illegal invasion of Iraq, to extraordinary rendition, to Abu Ghraib, Guantanamo Bay, torture, illegal wiretaps, the political firings of attorneys, using propaganda on citizens, paying journalists to tout polices friendly to the administration, and on and on and on. It all blurs together into one giant lump of surreal madness and makes it hard to keep up and at times pay attention.

It is imperative for the public to keep focus and stay vigilant through all of this madness and start talking about prosecution of some of the highest ranking members of the Bush Administration. The Boston Globe broke a story this week of a report issued by Physicians for Human Rights. In this report, Physicians for Human Rights have found medical evidence of the torture of 11 detainees between the years of 2001 and 2004. This torture includes injuries that are consistent with psychological abuse, sensory deprivation, and physical and sexual abuse. In addition to these findings, it was also found that American health professionals were also present in some instances and denied health care to these prisoners. All of these men have been released and (like many detainees who have been in U.S. custody) were never charged with a crime.

Of the men interviewed and examined, one showed evidence of being stabbed in the cheek with a screwdriver, one showed rectal tearing consistent with being sodomized by a broomstick, and one showed irregularities in the contours of his tongue which is consistent with receiving electric shocks. The article in the globe states:

"Still, Physicians for Human Rights concluded that all of the interrogation techniques the 11 men allegedly endured - including officially sanctioned exposure to extreme temperatures and placement in “stress positions,” as well as unauthorized treatment such as sexual abuse - violated both domestic criminal law and international human rights treaties."

George Bush has repeatedly stated that the United States does not torture and that all interrogation techniques are "within the law":





This investigation flies in the face of what the President and his Administration claims. In fact, it led Army Major General Antonio Taguba, who oversaw this investigation, to state the following:

"After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account."

Earlier this week the Senate Armed Service Committee released documents on the origins of these so-called "enhanced interrogation techniques". These documents state that during a meeting at Guantanamo on Oct. 2, 2002 the counterterrorism lawyer for the CIA, Jonathan Fredman, said that torture "is basically subject to perception" and "if the detainee dies, you're doing it wrong." This Oct. 2, 2002 meeting was held after President Bush signed an order on Feb. 7, 2002, authorizing these "enhanced interrogation techniques". The order was based upon a legal memo from the White House council's office.

The Washington Times reports today that the former Chief of Staff for Colin Powell, Col. Lawerence B. Wilkerson, has testified that Vice President Cheney probably knew that torture was being used on prisoners.

Couple this "revelation" with the meetings that took place in the White House, that were chaired by (then) National Security Advisor Condoleezza Rice in the Spring of 2002. These meetings were attended by the following "Principals":

"At the time, the Principals Committee included Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft"

In these meetings, as reported by ABC News, high ranking members of the Bush Administration discussed specifics on what types of techniques would be used on detainees. This included combining different techniques that are usually used individually and included the use of stress positions, slapping, hitting, kicking, the use of sensory deprivation and waterboarding. John Ashcroft showed some signs of being disturbed during these meetings. He stated:

"Why are we talking about this in the White House? History will not judge this kindly."

Such concern did not deter Rice from proceeding with the implementation of such techniques when she stated to the CIA:

"This is your baby. Go do it."

While at first glance it may seem the President Bush was shielded from these meetings, but in fact he was involved at the highest level. Bush admitted in an interview with ABC-TV, that he knew that these meetings took place and signed off on the torture techniques. This was documented not only in the interview that Bush gave, but in an article that Helen Thomas published that can be found here. Not only has Bush denied that the United States engages in torture, but he justifies his actions by saying that they are "within the law" and legal. This is directly contrary to findings that he and his Administration have committed war crimes.

These points also shoot down the very argument that the actions at Abu Ghraib were that of a "few soldiers" or a few "bad apples". It is quite clear that these actions were discussed and implemented from the highest levels of government. Just this week however, President Bush reiterated the lie that these policies were the result of a few soldiers:




It is clear, from every piece of information that has been presented, that President Bush, Vice President Cheney and other officials at the highest levels of government should be arrested and put on trial for war crimes and crimes against humanity. The evidence is staggering and there must be a chance for all of this to be presented in a court of law.

It is also necessary for the President and Vice President to be impeached for these crimes. Dennis Kucinich has introduced articles of impeachment against the President and these must be addressed. There also needs to be an independent investigation into the tactics that have been authorized that break the law and violate human rights.

These violations of laws and ethics must be addressed and the perpetrators of these crimes must be brought to justice.