Wednesday, December 10, 2014


Senate Panel Faults CIA Torture, Deceit, Brutality in Terrorism Interrogation:

The Senate Intelligence Committee on Tuesday issued a sweeping indictment of the Central Intelligence Agency’s program to detain and interrogate terrorism suspects in the years after the Sept. 11 attacks, drawing on millions of internal C.I.A. documents to illuminate practices that it said were more brutal — and far less effective — than the agency acknowledged either to Bush administration officials or to the public.

The long-delayed report delivers a withering judgment on one of the most controversial tactics of a twilight war waged over a dozen years. The Senate committee’s investigation, born of what its chairwoman, Senator Dianne Feinstein of California, said was a need to reckon with the excesses of this war, found that C.I.A. officials routinely misled the White House and Congress about the information it obtained, and failed to provide basic oversight of the secret prisons it established around the world.

Mr. Obama’s predecessor, President George W. Bush, said repeatedly that the detention and interrogation program was humane and legal. The intelligence gleaned during interrogations, he said, was instrumental both in thwarting terrorism plots and in capturing senior figures of Al Qaeda.

Mr. Bush, former Vice President Dick Cheney and a number of former C.I.A. officials have said more recently that the program was essential for ultimately finding Osama bin Laden, who was killed by members of the Navy SEALs in May 2011 in Abbottabad, Pakistan.

The Intelligence Committee’s report refutes each of these claims, using the C.I.A.'s internal records to present 20 case studies that bolster its conclusion that the most extreme interrogation methods played no role in disrupting terrorism plots, capturing terrorist leaders, or even finding Bin Laden.
Quelle surprise. I'm not going to get into the partisanship of the report or its release (irrelevant), nor am I going to address the orchestrated defense being put on by the CIA and former Bush administration officials (also irrelevant). I have not thumbed through the entire 528 page Executive Summary (the actual report is more than 6,000 pages long), but from what I've seen, heard and read about it, it is basically a point for point confirmation of everything that has been published previously, and that most of us who have been teaching about the war on terrorism for the past 12 years knew already.

Except, in more grisly detail: about "rectal feedings"; about the black-op site known as COBALT; and with more than a few surprises regarding the role that psychologists played in implementing the more sinister and torturous aspects of detainee treatment.
The torture of prisoners at times was so extreme that some C.I.A. personnel tried to put a halt to the techniques, but were told by senior agency officials to continue the interrogation sessions.

The Senate report quotes a series of August 2002 cables from a C.I.A. facility in Thailand, where the agency’s first prisoner was held. Within days of the Justice Department’s approval to begin waterboarding the prisoner, Abu Zubaydah, the sessions became so extreme that some C.I.A. officers were “to the point of tears and choking up,” and several said they would elect to be transferred out of the facility if the brutal interrogations continued.
But at each turn in the maze, they were assured what they were doing was legal and, in fact, to "nut it up," and "stop acting like sissies." 
During one waterboarding session, Abu Zubaydah became “completely unresponsive with bubbles rising through his open, full mouth.” The interrogations lasted for weeks, and some C.I.A. officers began sending messages to the agency’s headquarters in Virginia questioning the utility — and the legality — of what they were doing. But such questions were rejected.

“Strongly urge that any speculative language as to the legality of given activities or, more precisely, judgment calls as to their legality vis-à-vis operational guidelines for this activity agreed upon and vetted at the most senior levels of the agency, be refrained from in written traffic (email or cable traffic),” wrote Jose A. Rodriguez Jr., then the head of the C.I.A.'s Counterterrorism Center. “Such language is not helpful.”

On the other side were James E. Mitchell and Bruce Jessen, two former military psychologists who had advised the agency to use waterboarding and other coercive methods. With the support of C.I.A. headquarters, they insisted that Mr. Nashiri and other prisoners were still withholding crucial information, and that the application of sufficient pain and disorientation would eventually force them to disclose it. They thought the other faction was “running a ‘sissified’ interrogation program,” the report says.

If those questioning Mr. Nashiri just had “the latitude to use the full range of enhanced exploitation and interrogation measures,” including waterboarding, Dr. Jessen wrote, they would be able to get more information. Such treatment, he wrote, after the two previous months of extremely harsh handling of Mr. Nashiri, would produce “the desired level of helplessness.”
I'd use the salutation "Dr" very carefully here. These two clowns, Jessen and Mitchell, were somehow certified to practice psychology in the U.S. and would, in the best traditions of Mengele and Clauberg, go on to carry out a 21st century version of the Nazi "Verscharft Vernehmung" or enhanced interrogations, via their own company. They were paid more than $80 million in a five year period by the CIA, even though neither Jessen nor Mitchell knew one thing about interrogation, or even psychology for that matter. 
And Dr. Mitchell and Dr. Jessen, identified by the pseudonyms Grayson Swigert and Hammond Dunbar in the report, had not conducted a single real interrogation. They had helped run a Cold War-era training program for the Air Force in which personnel were given a taste of the harsh treatment they might face if captured by Communist enemies. The program — called SERE, for Survival, Evasion, Resistance and Escape — had never been intended for use in American interrogations, and involved methods that had produced false confessions when used on American airmen held by the Chinese in the Korean War.

The program allowed the psychologists to assess their own work — they gave it excellent grades — and to charge a daily rate of $1,800 each, four times the pay of other interrogators, to waterboard detainees. Dr. Mitchell and Dr. Jessen later started a company that took over the C.I.A. program from 2005 until it was closed in 2009. The C.I.A. paid it $81 million, plus $1 million to protect the company from legal liability.
One would hope these goons face war crimes charges, ala Nuremberg, before this is all over. Or at the very least, one certainly hopes they've been stripped of their licenses to practice psychology.

And if you wanted to go up the chain of command regarding war crimes, how high could you go? The report seems to conclude that those at the highest levels (Bush, Cheney, Rumsfeld) were all given degrees of plausible deniability by the CIA, withholding the more gruesome details in order to avoid potential prosecution for war crimes later. But some of their own writings since being out of office suggests they knew more than the report says.
For four years, according to Central Intelligence Agency records, no one from the agency ever came to the Oval Office to give President George W. Bush a full briefing on what was happening in the dark dungeons of Afghanistan and Eastern Europe. For four years, interrogators stripped, slammed and soaked their prisoners without the president’s being told exactly what was going on.

The report, the declassified executive summary of a larger classified study prepared by the Senate Intelligence Committee, has raised questions about what Mr. Bush knew and what the C.I.A. told him about an interrogation program that has tarred the United States as a nation that tortured. The emails, memos, reports and other documents examined by the Senate committee collectively portray a White House that approved the brutal questioning of suspects but was kept in the dark about aspects of the program, including whether it really worked.

The committee report contrasts with Mr. Bush’s own account of the origin of the interrogation program in the spring of 2002 with the capture of Abu Zubaydah, a top Qaeda figure. In his memoir, “Decision Points,” Mr. Bush wrote that the C.I.A. had drawn up a list of interrogation techniques approved by the Justice Department. “I took a look at the list of techniques,” he wrote. “There were two that I felt went too far, even if they were legal. I directed the C.I.A. not to use them.” He did not identify the techniques in the book.

When Mr. Bush’s book was published in 2010, it confused some in the C.I.A., who said they did not think he had ever been briefed on specific interrogation techniques. John A. Rizzo, a former C.I.A. general counsel, wrote in his own book published this year that neither he nor Mr. Tenet was aware of Mr. Bush being briefed on specific techniques.
Of course, as the Nuremberg Charter showed us, it doesn't really matter if those at the top knew the exact specific details of what underlings were doing or not. At the end of the day, if it happened on your watch, you are culpable and could certainly be found guilty. Plausible deniability does not generally apply in issues of international law and war crimes tribunals.

In fact, seven former, high ranking Bush administration officials have already been found guilty of war crimes in absentia (including the former president), and several no longer travel abroad because there is a real fear of being arrested and possibly deported to stand trial in other countries (Canada has apparently tried to have Dick Cheney extradited several times).

Ironically, the head of the ACLU published an op-ed yesterday calling on Obama to pardon Bush, Cheney, Rumsfeld, et al as a preemptive move against any action that could be taken domestically, and as a way to get them to tacitly acknowledge, vis-a-vis the acceptance of a pardon, their role in authorizing torture. But A. I doubt that would ever happen, and B. it still wouldn't prevent them from being indicted or tried internationally anyway.

So I guess Sen. Feinstein's statement on the release of the report is about all that can really come from this. Absent any kind of real prosecution for their actions, "History will judge us by our commitment to a just society, governed by law, and the willingness to face an ugly truth and say 'never again.'"

An ugly truth that, like the Wall Street gang rape of the American economy leading up to 2008, and other crimes committed by elites, will never result in anyone being held formally, judiciously accountable for their actions.  

UPDATE: Today's NYT editorial (12/22/14) forcefully calls for prosecutions of former Bush administration officials, including the former VP:
The American Civil Liberties Union and Human Rights Watch are to give Attorney General Eric Holder Jr. a letter Monday calling for appointment of a special prosecutor to investigate what appears increasingly to be “a vast criminal conspiracy, under color of law, to commit torture and other serious crimes.”

The question everyone will want answered, of course, is: Who should be held accountable? That will depend on what an investigation finds, and as hard as it is to imagine Mr. Obama having the political courage to order a new investigation, it is harder to imagine a criminal probe of the actions of a former president.
Why? The investigation into the Nixon administration lingered for years after the former president resigned and was given the unconditional pardon by Ford. Iran/Contra didn't wrap up till 1993, four years after Reagan had left office. And that was only stopped by the Christmas Eve pardons issued by George H.W. Bush on his way out of office. The point being: we can investigate crimes of former administrations. There is no statute of limitations on torture.
Any credible investigation should include former Vice President Dick Cheney; Mr. Cheney’s chief of staff, David Addington; the former C.I.A. director George Tenet; and John Yoo and Jay Bybee, the Office of Legal Counsel lawyers who drafted what became known as the torture memos. There are many more names that could be considered, including Jose Rodriguez Jr., the C.I.A. official who ordered the destruction of the videotapes; the psychologists who devised the torture regimen; and the C.I.A. employees who carried out that regimen.
Bring it.

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