The White House suggested Monday that it might not be able to close the detention center at Guantánamo Bay, Cuba, by next January as President Obama promised, an acknowledgment underscoring the difficulties in figuring out what to do with the men being held there.
Robert Gibbs, the White House press secretary, said the administration had made “significant progress” in fulfilling the president’s campaign pledge to shut the prison, which has been widely condemned around the world. But he played down the importance of meeting Mr. Obama’s self-imposed deadline of Jan. 22.
“We’re not focused on whether or not the deadline will or won’t be met on a particular day,” Mr. Gibbs said at his daily briefing for reporters. “We’re focused on ensuring that the facility is closed and doing all that has to be done between now and the 22nd of January to make the most progress that we can that’s possible.” [continued…]
President Obama’s decision not to go to Congress for help in establishing reasonable standards for the continued detention of Guantanamo detainees is a failure of leadership in the project of putting American law on a sound basis for a long-term confrontation with terrorism. It is bad for the country, for national security and for civil liberties. It represents a virtually wholesale adoption of the failed policies of his predecessor — who, with equal obtuseness, refused to root American detention practices in clear law approved by the legislature and similarly failed to learn from repeated Supreme Court rebukes to this unilateral approach. It violates Obama’s much-noted statement this spring that he would “work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.” And it delegates a profound and difficult policymaking exercise to the judiciary and, ultimately, to a single man on the Supreme Court.
The only point in Obama’s defense is that few political actors have given him reason to think he would have responsible partners if he did the right thing. Human rights and civil liberties activists are so keen to avoid legitimizing detention in legislation that they have treated as a victory the president’s decision to adopt the very policy they have spent the past eight years denouncing.
Congress is not looking statesmanlike either. Republicans have been too busy making political hay out of Obama’s sputtering closure of Guantanamo to act as constructive participants in this important legislative project. Democrats, always afraid of their shadows on national security issues, have hidden behind civil liberties platitudes that most do not really believe. Members across the spectrum have acted boldly only when it comes to making sure that no Guantanamo detainees end up in their districts. [continued…]
On Monday, one day after the New York Times and the Washington Post reported that the Obama administration was planning to introduce tribunals for the prisoners held in the U.S. prison at Bagram airbase, Afghanistan, the reason for the specifically timed leaks that led to the publication of the stories became clear.
The government was hoping that offering tribunals to evaluate the prisoners’ status would perform a useful PR function, making the administration appear to be granting important rights to the 600 or so prisoners held in Bagram, and distracting attention from the real reason for its purported generosity: a 76-page brief to the Court of Appeals for the District of Columbia [.pdf], submitted yesterday, in which the government attempted to claim that “Habeas rights under the United States Constitution do not extend to enemy aliens detained in the active war zone at Bagram Airfield in Afghanistan.”
The main reason for this brazen attempt to secure a PR victory before the appeal was filed is blindingly obvious to anyone who has been studying the Bagram litigation over the last five months. In April, Judge John D. Bates ruled that three foreign prisoners seized in other countries and “rendered” to Bagram, where they have been held for up to six years, had the right to challenge the basis of their detention in U.S. courts. [continued…]
The Obama administration supports extending three key provisions of the Patriot Act that are due to expire at the end of the year, the Justice Department told Congress in a letter made public Tuesday.
Lawmakers and civil rights groups had been pressing the Democratic administration to say whether it wants to preserve the post-Sept. 11 law’s authority to access business records, as well as monitor so-called “lone wolf” terrorists and conduct roving wiretaps.
The provision on business records was long criticized by rights groups as giving the government access to citizens’ library records, and a coalition of liberal and conservative groups complained that the Patriot Act gives the government too much authority to snoop into Americans’ private lives. [continued…]
Sitting on the floor, wearing traditional Islamic clothes and holding an old notebook, Abu Hamizi, 22, spends at least six hours a day searching internet chatrooms linked to gay websites. He is not looking for new friends, but for victims.
“It is the easiest way to find those people who are destroying Islam and who want to dirty the reputation we took centuries to build up,” he said. When he finds them, Hamizi arranges for them to be attacked and sometimes killed.
Hamizi, a computer science graduate, is at the cutting edge of a new wave of violence against gay men in Iraq. Made up of hardline extremists, Hamizi’s group and others like it are believed to be responsible for the deaths of more than 130 gay Iraqi men since the beginning of the year alone.
The deputy leader of the group, which is based in Baghdad, explained its campaign using a stream of homophobic invective. “Animals deserve more pity than the dirty people who practise such sexual depraved acts,” he told the Observer. “We make sure they know why they are being held and give them the chance to ask God’s forgiveness before they are killed.”
The violence against Iraqi gays is a key test of the government’s ability to protect vulnerable minority groups after the Americans have gone.
Dr Toby Dodge, of London University’s Queen Mary College, believes that the violence may be a consequence of the success of the government of Nouri al-Maliki. “Militia groups whose raison d’être was security in their communities are seeing that function now fulfilled by the police. So their focus has shifted to the moral and cultural sphere, reverting to classic Islamist tactics of policing moral boundaries,” Dodge said. [continued…]
From 2003 to 2006, the Bush administration quietly tried to relax the draft language of a treaty meant to bar and punish “enforced disappearances” so that those overseeing the CIA’s secret prison system would not be criminally prosecuted under its provisions, according to former officials and hundreds of pages of documents recently declassified by the State Department.
The aim of the global treaty, long supported by the United States, was to end official kidnappings, detentions and killings like those that plagued Latin America in the 1970s and 1980s, and that allegedly still occur in Russia, China, Iran, Colombia, Sri Lanka and elsewhere. But the documents suggest that initial U.S. support for the negotiations collided head-on with the then-undisclosed goal of seizing suspected terrorists anywhere in the world for questioning by CIA interrogators or indefinite detention by the U.S. military at foreign sites.
Instead of embracing a far-reaching ban on arrests, detentions and abductions of people without disclosing their fate or whereabouts or ensuring “the protection of the law,” the United States pressed in 2004 for a more limited prohibition on intentionally placing detainees outside legal protections for “a prolonged period of time.” At the time, the CIA was secretly holding about a dozen prisoners. [continued…]
The complicit general By Philippe Sands, New York Review of Books, September 24, 2009
With regard to the interrogation of detainees after September 11, it is well established that the path to torture was based on three key decisions. First, on February 7, 2002, President Bush decided that none of the detainees held at Guantánamo would have any legal rights under the Geneva Conventions. Second, starting in July 2002 the administration decided to authorize the use of waterboarding and other “enhanced interrogation techniques” against certain detainees held by the CIA, and obtained legal approval from the Department of Justice, in the form of two now notorious memos signed by Jay Bybee and largely written by John Yoo, with input from Dick Cheney’s legal counsel, David Addington.[1] Third, on December 2, 2002, came Secretary Rumsfeld’s memo approving the use of fifteen techniques on prisoners held by the military at Guantánamo, causing the military to adopt some of the interrogation practices used by the CIA. Each decision was significant. The cumulative effect was devastating, opening the path to the abuses at Abu Ghraib and elsewhere. [continued…]
Imagine, gathered under one roof, over a dozen men who were once regarded as the most dangerous people on the planet – and a man who once guarded them, breaking their Ramadan fast together with lords and baronesses, poets and writers, activists and lawyers and students and children on a summer’s eve in London’s Kensington area – in its town hall to be exact. This is precisely what happened at the “Beyond Guantánamo” fundraising event hosted by Cageprisoners last Sunday.
Among the five hundred or more attendees were the wife and children of Shaker Aamer, a man held captive without charge in Guantánamo for eight years. Shaker’s wife gave me a copy of the latest letter she received from her husband – over a year ago – part of which I read to the audience:
Yes I lost a lot of weight, yes I have a lot of sicknesses, yes I’ve got short sight, yes my bones are aching, yes I got white hair, yes I got old, but my heart is still young, my mind still strong – a lot stronger than ever. My soul’s got the biggest wings to fly and help others to fly. I am a lot wiser, a lot [more] patient, a lot [more] knowledgeable, a lot [more] merciful, a lot [more] loving and caring, a lot [more] helpful. I feel I can change the world to be a better place. I feel I can restore justice so we can have peace and love amongst each other.
And what crime has Shaker committed for which both he and his family are paying such an astronomical price? [continued…]
Doctors and psychologists the CIA employed to monitor its “enhanced interrogation” of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged.
Physicians for Human Rights (PHR), a not-for-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood.
PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA’s secret “torture programme”. [continued…]
The mind-numbing bureaucratic details displayed in the documents released last week on the Bush Administration’s abusive detention program sent wise commentators, such as The Atlantic’s Hanna Rosin, to Hannah Arendt, the mother of all war-crime writers. Her observations, first published in this magazine, on what she eventually dubbed the “banality of evil,” exhibited by the Nazis’ tidy, carefully monitored control of the Final Solution, are, sadly, timeless.
This is not to suggest that there is any moral equivalence between the Nazis and the Bush Administration. That would be absurd. Nevertheless, as C.I.A. bureaucrats debated the appropriate temperature of the water with which they planned to fill the lungs of captives or the number of times prisoners could be propelled head-first into a plywood wall (“twenty to thirty times consecutively”), it’s hard not to have renewed appreciation for Arendt.
There is also a less famous observation by Arendt, made in The New York Review of Books in the wake of the protests of 1968 and shared with me by Georgetown Law professor David Luban, that captures the problem faced by the Obama Administration in its attempt to hold the right officials accountable. She calls it the “rule by Nobody.” Attorney General Eric Holder is stuck trying to investigate an entire bureaucracy. Those on the top can claim to have clean hands, while those on the bottom can claim they were following ostensibly legal orders. What’s left, Arendt suggests, is an all-powerful government that is beyond accountability. [continued…]
The debate over the effectiveness of subjecting detainees to psychological and physical pressure is in some ways irresolvable, because it is impossible to know whether less coercive methods would have achieved the same result. But for defenders of waterboarding, the evidence is clear: Mohammed cooperated, and to an extraordinary extent, only when his spirit was broken in the month after his capture March 1, 2003, as the inspector general’s report and other documents released this week indicate.
Over a few weeks, he was subjected to an escalating series of coercive methods, culminating in 7 1/2 days of sleep deprivation, while diapered and shackled, and 183 instances of waterboarding. After the month-long torment, he was never waterboarded again.
“What do you think changed KSM’s mind?” one former senior intelligence official said this week after being asked about the effect of waterboarding. “Of course it began with that.” [continued…]
Editor’s Comment — As Khalid Sheik Mohammed sits in his Guatanamo cell studying the Bible, Dick Cheney would have us believe that the turning point in his detention came when his will was broken by the unbearable stress provoked by his fear of drowning.
To those who buy the morally eviscerated argument that when it comes to torture, the ends justify the means, Mohammed’s case provides the causal clincher: “an avowed and truculent enemy of the United States” got waterboarded and was transformed into the CIA’s “preeminent source” on al-Qaeda. Waterboarding was for the intelligence operative no less powerful than alchemy.
But where’s the actual proof that Mohammed’s apparent change of heart was really the effect of his being tortured?
The one piece of common knowledge that captives and captors share (assuming that the captive does actually know something) is that the captive’s most valuable asset is time. The longer he can hold out, the less his intelligence is worth. By the time KSM “broke”, for all we know the breaking point had little to do with whether waterboarding bout 184 seemed unimaginably less tolerable than the preceding 183 instances; it might simply have marked the point in time at which KSM decided he had bought his collaborators as much time as they could effectively employ in their furious efforts at damage control that must have followed his capture.
Deep among the documents released to the ACLU on Monday afternoon was a curious memo dated 30 December 2004 and directed to Dan Levin, then acting head of the Justice Department’s Office of Legal Counsel. The fax cover sheet has a brief note, “Dan, a generic description of the process.” The name of the sender, based at the CIA, has been obliterated. You can view the document here.
The document provides a step-by-step manual for extraordinary renditions.
The process starts with “capture shock.” The detainee is subject to a medical examination prior to his flight. During the flight, the detainee is securely shackled, and is deprived of sight and sound through the use of blindfolds, earmuffs and hoods. [continued…]
In the spring of 2003, long before Abu Ghraib or secret prisons became part of the American vocabulary, a pair of recently hired lawyers at the American Civil Liberties Union noticed a handful of news reports about allegations of abuse of prisoners in American custody.
The lawyers, Jameel Jaffer and Amrit Singh, wondered: Was there a broader pattern of abuse, and could a Freedom of Information Act request uncover it? Some of their colleagues, more experienced with the frustrations of such document demands, were skeptical. One made a tongue-in-cheek offer of $1 for every page they turned up.
Six years later, the detention document request and subsequent lawsuit are among the most successful in the history of public disclosure, with 130,000 pages of previously secret documents released to date and the prospect of more. [continued…]
The founder of Blackwater USA deliberately caused the deaths of innocent civilians in a series of shootings in Iraq, attorneys for Iraqis suing the security contractor told a federal judge Friday.
The attorneys singled out Erik Prince, a former Navy SEAL who is the company’s owner, for blame in the deaths of more than 20 Iraqis between 2005 and 2007. Six former Blackwater guards were criminally charged in 14 of the shootings, and family members and victims’ estates sued Prince, Blackwater (now called Xe Services LLC) and a group of related companies.
“The person responsible for these deaths is Mr. Prince,” Susan L. Burke, an attorney for the plaintiffs, said in U.S. District Court in Alexandria. “He had the intent, he provided the weapons, he provided the instructions, and they were done by his agents and they were war crimes.” [continued…]
he family of one of the youngest prisoners ever held at Guantanamo plans to sue the U.S. government to compensate him for mistreatment and an adolescence lost to nearly seven years in a cell, his lawyers said Thursday.
Mohammed Jawad returned to Afghanistan this week after a military judge ruled that he was coerced into confessing that he threw a grenade at an unmarked vehicle in the capital in 2002. The attack wounded two American soldiers and their interpreter.
Afghan police delivered Jawad into U.S. custody and about a month later he was sent to the U.S. detention center at Guantanamo Bay, Cuba.
Jawad and his family say he was 12 when he was arrested, and that he is now 19 years old. The Pentagon has said a bone scan showed he was about 17 when taken into custody. His defense lawyers decline to give an exact age for Jawad, who does not have a birth certificate, but say photos taken in Guantanamo showed that he had not gone through puberty. [continued…]
With the appointment of a prosecutor to investigate detainee abuses, long-simmering conflicts between the Central Intelligence Agency and the Justice Department burst into plain view this week, threatening relations between two critical players on President Obama’s national security team.
The tension between the agencies complicates how the administration handles delicate national security issues, particularly the tracking and capturing of suspected terrorists overseas. It also may distract Mr. Obama, who is trying to move beyond the battles of the Bush years to focus on an ambitious domestic agenda, most notably health care legislation.
The strains became evident inside the administration in the past several weeks. In July, Leon E. Panetta, the C.I.A. director, tried to head off the investigation, administration officials said. He sent the C.I.A.’s top lawyer, Stephen W. Preston, to Justice to persuade aides to Attorney General Eric H. Holder Jr. to abandon any plans for an inquiry. [continued…]
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. [continued…]
The Justice Department prosecutor appointed this week to examine the CIA’s interrogation program will revisit long-dormant abuse cases involving the agency’s civilian contractors, bringing new attention to a little-known but controversial element of the Bush administration’s war on terrorism.
Civilian contractors used by the CIA at secret overseas facilities were accused of detainee abuses and deaths in a series of cases in the years following the U.S.-led invasions of Afghanistan and Iraq, but only one was ever prosecuted.
The contractors also played a key but secret role in the CIA’s interrogations of top Al Qaeda suspects at “black site” prisons overseas. [continued…]
Two 17-watt fluorescent-tube bulbs — no more, no less — illuminated each cell, 24 hours a day. White noise played constantly but was never to exceed 79 decibels. A prisoner could be doused with 41-degree water but for only 20 minutes at a stretch.
The Central Intelligence Agency’s secret interrogation program operated under strict rules, and the rules were dictated from Washington with the painstaking, eye-glazing detail beloved by any bureaucracy.
The first news reports this week about hundreds of pages of newly released documents on the C.I.A. program focused on aberrations in the field: threats of execution by handgun or assault by power drill; a prisoner lifted off the ground by his arms, which were tied behind his back; another detainee repeatedly knocked out with pressure applied to the carotid artery.
But the strong impression that emerges from the documents, many with long passages blacked out for secrecy, is by no means one of gung-ho operatives running wild. It is a portrait of overwhelming control exercised from C.I.A. headquarters and the Department of Justice — control Bush administration officials say was intended to ensure that the program was safe and legal. [continued…]
Editor’s Comment — An obsessive allegiance to bureaucratic process — this is the indelible signature of a human being unwilling to accept personal responsibility for their own actions.
When it comes to the issue of torture, there really are much larger questions than the questions of legality since there is nothing inherently moral about complying with law. Far from it — just as easily as law can protect, it can also be turned into an exquisitely refined instrument of tyranny. Throughout history there have been those whose faithfulness to law was the very means through which they quietly strangled their own conscience.
If America is to ever atone for the war on terrorism, bringing the guilty to justice will not complete the process.
GOP Congressman Peter King — the ranking member of the House Homeland Security Committee — had this rancid outburst today in Politico regarding Eric Holder’s decision to investigate whether laws were broken by the Bush administration’s torture:
“It’s bullshit. It’s disgraceful. You wonder which side they’re on. [It’s’ a] declaration of war against the CIA, and against common sense. . . . When Holder was talking about being ‘shocked’ [before the report’s release], I thought they were going to have cutting guys’ fingers off or something — or that they actually used the power drill. . . ”
Pressed on whether interrogators had actually broken the law, King said he didn’t think the Geneva Convention “applies to terrorists.”
Never mind that the Supreme Court in Hamdan ruled exactly the opposite: that Common Article 3 of the Geneva Conventions applies to all detainees, including accused Terrorists. Never mind that the War Crimes Act makes it a felony to inflict “prolonged mental harm caused by or resulting from . . . the threat of imminent death; or the threat that another person will imminently be subjected to death, severe physical pain or suffering. . . .” and that these acts are therefore criminal whether or not King likes them. [continued…]
I wrote earlier today about Eric Holder’s decision to “review” whether criminal prosecutions are warranted in connection with the torture of Terrorism suspects — that can be read here — but I want to write separately about the release today of the 2004 CIA’s Inspector General Report (.pdf), both because it’s extraordinary in its own right and because it underscores how unjust it would be to prosecute only low-level interrogators rather than the high-level officials who implemented the torture regime. Initially, it should be emphasized that yet again, it is not the Congress or the establishment media which is uncovering these abuses and forcing disclosure of government misconduct. Rather, it is the ACLU (with which I consult) that, along with other human rights organizations, has had to fill the void left by those failed institutions, using their own funds to pursue litigation to compel disclosure. Without their efforts, we would know vastly less than we know now about the crimes our government committed. [continued…]
The CIA and the Obama Administration continue to keep secret some of the most shocking allegations involving the spy agency’s interrogation program: three deaths and several other detainees whose whereabouts could not be determined, according to a former senior intelligence official who has read the full, unredacted version.
Of the 109 pages in the 2004 report, 36 were completely blacked out in the version made public Monday, and another 30 were substantially redacted for “national security” reasons.
The blacked-out portions hide the Inspector General’s findings on the circumstances that led to the deaths of at least three of the detainees in the CIA’s program, the official said. Two of the men reportedly died in CIA in Iraq and the third died in Afghanistan. [continued…]
As the session begins, the detainee stands naked, except for a hood covering his head. Guards shackle his arms and legs, then slip a small collar around his neck. The collar will be used later; according to CIA guidelines for interrogations, it will serve as a handle for slamming the detainee’s head against a wall.
After removing the hood, the interrogator opens with a slap across the face — to get the detainee’s attention — followed by other slaps, the guidelines state. Next comes the head-slamming, or “walling,” which can be tried once “to make a point,” or repeated again and again.
“Twenty or thirty times consecutively” is permissible, the guidelines say, “if the interrogator requires a more significant response to a question.” And if that fails, there are far harsher techniques to be tried. [continued…]
The Obama administration will continue the Bush administration’s practice of sending terrorism suspects to third countries for detention and interrogation, but pledges to closely monitor their treatment to ensure that they are not tortured, administration officials said Monday.
Human rights advocates condemned the decision, saying that continuing the practice, known as rendition, would still allow the transfer of prisoners to countries with a history of torture. They said that promises from other countries of humane treatment, called “diplomatic assurances,” were no protection against abuse.
“It is extremely disappointing that the Obama administration is continuing the Bush administration practice of relying on diplomatic assurances, which have been proven completely ineffective in preventing torture,” said Amrit Singh, a lawyer with the American Civil Liberties Union, who tracked rendition cases under President George W. Bush. [continued…]
The Justice Department’s ethics office has recommended reversing the Bush administration and reopening nearly a dozen prisoner-abuse cases, potentially exposing Central Intelligence Agency employees and contractors to prosecution for brutal treatment of terrorism suspects, according to a person officially briefed on the matter.
The recommendation by the Office of Professional Responsibility, presented to Attorney General Eric H. Holder Jr. in recent weeks, comes as the Justice Department is about to disclose on Monday voluminous details on prisoner abuse that were gathered in 2004 by the C.I.A.’s inspector general but have never been released.
When the C.I.A. first referred its inspector general’s findings to prosecutors, they decided that none of the cases merited prosecution. But Mr. Holder’s associates say that when he took office and saw the allegations, which included the deaths of people in custody and other cases of physical or mental torment, he began to reconsider.
With the release of the details on Monday and the formal advice that at least some cases be reopened, it now seems all but certain that the appointment of a prosecutor or other concrete steps will follow, posing significant new problems for the C.I.A. It is politically awkward, too, for Mr. Holder because President Obama has said that he would rather move forward than get bogged down in the issue at the expense of his own agenda. [continued…]
Under the new guidelines, interrogators must stay within the parameters of the Army Field Manual when questioning suspects. The task force concluded — unanimously, officials said — that “the Army Field Manual provides appropriate guidance on interrogation for military interrogators and that no additional or different guidance was necessary for other agencies,” according to a three-page summary of the findings. The officials spoke on the condition of anonymity to discuss intelligence matters freely.
Using the Army Field Manual means certain techniques in the gray zone between torture and legal questioning — such as playing loud music or depriving prisoners of sleep — will not be allowed. Which tactics are acceptable was an issue “looked at thoroughly,” one senior official said. Obama had already banned certain severe measures that the Bush administration had permitted, such as waterboarding.
Still, the Obama task force advised that the group develop a “scientific research program for interrogation” to develop new techniques and study existing ones to see whether they work. In essence, the unit would determine a set of best practices on interrogation and share them with other agencies that question prisoners. [continued…]
A long-suppressed report by the Central Intelligence Agency’s inspector general to be released next week reveals that CIA interrogators staged mock executions as part of the agency’s post-9/11 program to detain and question terror suspects, Newsweek has learned.
According to two sources—one who has read a draft of the paper and one who was briefed on it—the report describes how one detainee, suspected USS Cole bomber Abd al-Rahim al-Nashiri, was threatened with a gun and a power drill during the course of CIA interrogation. According to the sources, who like others quoted in this article asked not to be named while discussing sensitive information, Nashiri’s interrogators brandished the gun in an effort to convince him that he was going to be shot. Interrogators also turned on a power drill and held it near him. “The purpose was to scare him into giving [information] up,” said one of the sources. A federal law banning the use of torture expressly forbids threatening a detainee with “imminent death.”
The report also says, according to the sources, that a mock execution was staged in a room next to a detainee, during which a gunshot was fired in an effort to make the suspect believe that another prisoner had been killed. The inspector general’s report alludes to more than one mock execution. [continued…]
In a reversal of Pentagon policy, the military for the first time is notifying the International Committee of the Red Cross of the identities of militants who were being held in secret at a camp in Iraq and another in Afghanistan run by United States Special Operations forces, according to three military officials.
The change begins to lift the veil from the American government’s most secretive remaining overseas prisons by allowing the Red Cross to track the custody of dozens of the most dangerous suspected terrorists and foreign fighters plucked off the battlefields in Iraq and Afghanistan.
It is a major advance for the organization in its long fight to gain more information about these detainees. The military had previously insisted that disclosing any details about detainees at the secretive camps could tip off other militants and jeopardize counterterrorism missions. [continued…]
From a secret division at its North Carolina headquarters, the company formerly known as Blackwater has assumed a role in Washington’s most important counterterrorism program: the use of remotely piloted drones to kill Al Qaeda’s leaders, according to government officials and current and former employees.
The division’s operations are carried out at hidden bases in Pakistan and Afghanistan, where the company’s contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft, work previously performed by employees of the Central Intelligence Agency. They also provide security at the covert bases, the officials said.
The role of the company in the Predator program highlights the degree to which the C.I.A. now depends on outside contractors to perform some of the agency’s most important assignments. And it illustrates the resilience of Blackwater, now known as Xe (pronounced Zee) Services, though most people in and outside the company still refer to it as Blackwater. It has grown through government work, even as it attracted criticism and allegations of brutality in Iraq. [continued…]
The Justice Department recently questioned military defense attorneys at Guantanamo Bay about whether photographs of CIA personnel, including covert officers, were unlawfully provided to detainees charged with organizing the Sept. 11, 2001, attacks, according to sources familiar with the investigation.
Investigators are looking into allegations that laws protecting classified information were breached when three lawyers showed their clients the photographs, the sources said. The lawyers were apparently attempting to identify CIA officers and contractors involved in the agency’s interrogation of al-Qaeda suspects in facilities outside the United States, where the agency employed harsh techniques.
If detainees at the U.S. military prison in Cuba are tried, either in federal court or by a military commission, defense lawyers are expected to attempt to call CIA personnel to testify. [continued…]
The Central Intelligence Agency in 2004 hired outside contractors from the private security contractor Blackwater USA as part of a secret program to locate and assassinate top operatives of Al Qaeda, according to current and former government officials.
Executives from Blackwater, which has generated controversy because of its aggressive tactics in Iraq, helped the spy agency with planning, training and surveillance. The C.I.A. spent several million dollars on the program, which did not successfully capture or kill any terrorist suspects.
The fact that the C.I.A. used an outside company for the program was a major reason that Leon E. Panetta, the C.I.A.’s director, became alarmed and called an emergency meeting in June to tell Congress that the agency had withheld details of the program for seven years, the officials said.
It is unclear whether the C.I.A. had planned to use the contractors to actually capture or kill Qaeda operatives, or just to help with training and surveillance in the program. American spy agencies have in recent years outsourced some highly controversial work, including the interrogation of prisoners. But government officials said that bringing outsiders into a program with lethal authority raised deep concerns about accountability in covert operations.
Officials said the C.I.A. did not have a formal contract with Blackwater for this program but instead had individual agreements with top company officials, including the founder, Erik D. Prince, a politically connected former member of the Navy Seals and the heir to a family fortune. Blackwater’s work on the program actually ended years before Mr. Panetta took over the agency, after senior C.I.A. officials themselves questioned the wisdom of using outsiders in a targeted killing program.
Blackwater, which has changed its name, most recently to Xe Services, and is based in North Carolina, in recent years has received millions of dollars in government contracts, growing so large that the Bush administration said it was a necessary part of its war operation in Iraq. [continued…]
Overdue process By Adam Serwer, The American Prospect, August 17, 2009
The cavernous room in the U.S. District Court in Washington, D.C., was nearly empty, except for a few journalists holding yellow legal pads. A small parade of government lawyers marched in and rested their briefcases on their desks before approaching the trio of lawyers representing Mohammed Jawad, an Afghan national who was detained in 2002 after being accused of throwing a grenade at an American convoy, injuring several American soldiers. He was between 12 and 17 years old at the time and has been in U.S. custody for seven years. The hearing, held in June, was not related to Jawad’s guilt or innocence. Rather, it was his habeas corpus proceeding — the legal challenge to the government’s ability to hold him in the first place.
It is widely believed that Jawad’s confession, offered to Afghan authorities shortly after his capture, was coerced through torture. Jawad is illiterate, and the confession was written in a dialect he didn’t speak, accompanied by a separate page bearing only his thumbprint. His military defense attorney, Maj. Eric Montalvo, says that as soon as Jawad was asked about the incident in a language he could understand, he denied everything. Then, Montalvo says, Jawad was handed over to American interrogators who tortured him (“They did things that were classified”). After Jawad attempted suicide in his Guantánamo cell in 2003, he was subjected to the government’s “frequent flyer” program, in which the detainee is moved from cell to cell every few hours for days or weeks on end, in order to deny him sleep.
Because Jawad was technically captured “on the battlefield,” he appeared before a military commission in 2007. At the hearing, the presiding judge threw out the coerced confessions and the original prosecutor, Lt. Col. Darrel Vandeveld, resigned in disgust, penning a letter in which he denounced the commissions as a travesty. Jawad has been denied a criminal trial, where his culpability might be determined according to the high standards of federal courts. “Under the Bush administration, there was this attempt to blur the criminal-justice system and the military-justice system and create this hybrid system that lacked due-process safeguards,” says Stacy Sullivan, a counterterrorism adviser for Human Rights Watch. “We hoped that during the Obama administration we’d be able to put those pieces back where they belong. That doesn’t seem to be happening.” [continued…]
The last person to see Syed Mehmood Hashmi as a free man was his friend Mohammed Haroon Saleem, who on June 6, 2006, drove Hashmi to London’s Heathrow Airport, walked him to the security checkpoint, and watched him hoist his bag and head for the gate. But Hashmi never made his flight. At passport control, constables pulled him from the line and told him they had an extradition warrant on behalf of the US government. He was to be charged with aiding Al Qaeda.
Today Hashmi, who is 29, sits in a windowless cell, in solitary confinement. He is not allowed to watch television or listen to the radio or read a newspaper unless it is at least 30 days old and censored. He is not allowed to speak to guards, other inmates, or the media, or to write anyone but his attorney and his family (once a week on three single-sided pages). The only people cleared to visit, besides his lawyer, are his mother and father, but he couldn’t see them for three months after he was caught shadowboxing in his cell—an infraction that cost him visiting privileges. Hashmi’s lawyer, Sean Maher, says the isolation is slowly driving his client mad.
Hashmi is not in Guantanamo Bay, nor is he an enemy combatant. He’s a US citizen, born in Pakistan and raised in Flushing, Queens, facing trial in federal court in Manhattan. His home for the past two years has been the Special Housing Unit at the Metropolitan Correctional Center, a stone’s throw from the Brooklyn Bridge. Hashmi might be guilty, he might not. We may never know—because when he goes before judge and jury later this year he won’t get a fair trial. Much of the government’s evidence against him is secret, and he can’t see it because he doesn’t have a security clearance. Maher, who does have a security clearance, can’t see much of it either. Maher finds this incredible.
“There are cases across the country where men are being convicted and given astronomical sentences under the most inhumane and draconian conditions possible,” says Maher. “Animals at the Bronx Zoo get treated better than this.” [continued…]
Back in September 2005, when I first began researching Guantánamo for my book The Guantánamo Files, the prison was still shrouded in mystery, even though attorneys had been visiting prisoners for nearly a year, following the Supreme Court’s ruling, in June 2004, that they had habeas corpus rights. Researchers at the Washington Post and at Cageprisoners, a human rights organization in the U.K., had compiled tentative lists of who was being held, but, although these efforts were commendable, much of it was little more than groping in the dark — a broken jigsaw puzzle based on media reports and interviews with released prisoners — because the Bush administration refused to provide details of the names and nationalities of those it was holding.
In April 2006 — four years and three months after Guantánamo opened — the government finally conceded defeat, after the Associated Press took the Pentagon to court, and won. That month, the first ever list of prisoners (PDF) — containing the names and nationalities of the 558 prisoners who had been subjected to the administration’s Combatant Status Review Tribunals (one-sided reviews, designed to rubberstamp their prior designation as “enemy combatants”) — was released, and was followed in May by a list of the 759 prisoners held up to that point (including the 201 who had been released before the tribunals began), which included names, nationalities, and, where known, dates of birth and places of birth (PDF).
The government also released 8,000 pages of tribunal transcripts and allegations against the prisoners, which pierced the veil of secrecy still further, allowing outside observers, as well as lawyers, the opportunity to examine whether the government’s claims that the prison was full of terrorists were true, and to conclude that, actually, the prison was largely populated by innocent men or low-level Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the 9/11 attacks, and had nothing to do with al-Qaeda or international terrorism. [continued…]
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