Category Archives: torture

NEWS: The torture tapes cover-up

Ex-CIA aide won’t testify on tapes without immunity
By Scott Shane, New York Times, January 10, 2008

A lawyer for Jose A. Rodriguez Jr., the former Central Intelligence Agency official who in 2005 ordered the destruction of videotapes of harsh interrogations of prisoners at a secret site overseas, has told Congress that Mr. Rodriguez will not testify about the tapes without a grant of immunity, a person familiar with the discussions said Wednesday.

The House Intelligence Committee has scheduled a closed hearing on the tapes’ destruction for next Wednesday, and John A. Rizzo, the C.I.A.’s acting general counsel, has agreed to testify.

The committee issued a subpoena last month for Mr. Rodriguez’s testimony. Since then, the Justice Department has opened a criminal investigation into the tapes’ destruction. Mr. Rodriguez’s lawyer, Robert S. Bennett, wrote to the committee last week, saying that in light of the investigation he would not allow Mr. Rodriguez to offer testimony that might subsequently be used against him, according to the person familiar with the discussions, who would not speak for attribution because of their confidential nature.

The immunity demand creates a quandary for the House committee, which rejected a request from Attorney General Michael B. Mukasey to postpone the Congressional inquiry. An offer of immunity for Mr. Rodriguez’s testimony could make prosecuting him difficult or impossible, legal experts say. [complete article]

NEWS & REVIEW: Taxi to the Dark Side

The power of authority: a dark tale
By Adam Liptak, New York Times, January 1, 2008

Frank Gibney was old and sick and a little more than a month away from dying. But he was filled with righteous anger, and he had some things to say. He told his son, the documentary filmmaker Alex Gibney, to unplug a noisy oxygen machine and to grab a video camera.

The older Mr. Gibney, a journalist and scholar who died in April, had served as a naval interrogator in World War II. In a moving statement that serves as a sort of coda to “Taxi to the Dark Side,” a new documentary about the Bush administration’s interrogation policies in the post-9/11 world, he said it had never occurred to him to use brutal techniques on the Japanese prisoners in his custody.

“We had the sense that we were on the side of the good guys,” Frank Gibney said, seething. “People would get decent treatment. And there was the rule of law.”

There would seem to be an enormous distance between the Bagram Air Base in Afghanistan, where the central events in “Taxi to the Dark Side” take place, and Enron’s headquarters in Houston, where the machinations of white-collar criminals brought down the giant energy company and became the backdrop for Mr. Gibney’s entertaining 2005 documentary, “Enron: The Smartest Guys in the Room.” But Mr. Gibney said the two projects have common themes.

“The subject of corruption unites my films,” he said. “‘Enron’ was about economic corruption, and ‘Taxi’ is about the corruption of the rule of law.” [complete article]

Padilla sues John Yoo over detention
By Adam Liptak, New York Times, January , 2008

Jose Padilla, the American citizen who was held in military detention for more than three years as an enemy combatant, filed a lawsuit Friday against a former Justice Department lawyer who helped provide the legal justifications for what the suit says was Mr. Padilla’s unconstitutional confinement and “gross physical and psychological abuse.”

The lawyer, John C. Yoo, now a law professor at the University of California, Berkeley, wrote or helped prepare a series of legal memorandums on interrogations and the treatment of detainees after the Sept. 11 attacks. [complete article]

Foiling U.S. plan, prison expands in Afghanistan
By Tim Golden, New York Times, January 7, 2008

As the Bush administration struggles for a way to close the military prison at Guantanamo Bay, Cuba, a similar effort to scale down a larger and more secretive American detention center in Afghanistan has been beset by political, legal and security problems, officials say.

The American detention center, established at the Bagram military base as a temporary screening site after the invasion of Afghanistan in 2001, is now teeming with some 630 prisoners — more than twice the 275 being held at Guantanamo. [complete article]

NEWS: Investigation into the destruction of the torture tapes

Justice Dept. sets criminal inquiry on CIA tapes
By Mark Mazzetti and David Johnston, New York Times, January 3, 2008

Attorney General Michael B. Mukasey said Wednesday that the Justice Department had elevated its inquiry into the destruction of Central Intelligence Agency interrogation videotapes to a formal criminal investigation headed by a career federal prosecutor.

The announcement is the first indication that investigators have concluded on a preliminary basis that C.I.A. officers, possibly along with other government officials, may have committed criminal acts in their handling of the tapes, which recorded the interrogations in 2002 of two operatives with Al Qaeda and were destroyed in 2005.

C.I.A. officials have for years feared becoming entangled in a criminal investigation involving alleged improprieties in secret counterterrorism programs. Now, the investigation and a probable grand jury inquiry will scrutinize the actions of some of the highest-ranking current and former officials at the agency.

The tapes were never provided to the courts or to the Sept. 11 commission, which had requested all C.I.A. documents related to Qaeda prisoners. The question of whether to destroy the tapes was for nearly three years the subject of deliberations among lawyers at the highest levels of the Bush administration. [complete article]

Lawmaker told CIA not to destroy tapes
By Eileen Sullivan, AP, January 3, 2008

The top Democrat on the House Intelligence Committee warned in a 2003 letter that destroying videotapes of terrorist interrogations would put the CIA under a cloud of suspicion, according to a newly declassified copy of the letter.

“Even if the videotape does not constitute an official record that must be preserved under the law, the videotape would be the best proof that the written record is accurate, if such record is called into question in the future,” Rep. Jane Harman, D-Calif., wrote in a Feb. 10, 2003 letter to then-CIA general counsel Scott Muller. “The fact of destruction would reflect badly on the agency.”

Harman’s office released the declassified letter on Thursday, a day after the Justice Department announced it had opened a criminal investigation into the destruction of the tapes. The letter notes that a copy also went to then-CIA Director George Tenet. [complete article]

Probe leader called a tough prosecutor
By Dafna Linzer, Washington Post, January 3, 2008

John H. Durham, who was appointed yesterday to lead a criminal probe into the destruction of the CIA’s interrogation tapes, oversaw corruption charges against a Republican governor in Connecticut, put away FBI agents in Boston and prosecuted many of New England’s Mafia bosses.

Former colleagues said the deputy U.S. attorney is known for seeking maximum sentences, shunning plea bargains and avoiding the spotlight. Four friends said they could not recall him losing a case in more than 30 years as a prosecutor, almost all of it spent fighting organized crime and gang violence in Connecticut. [complete article]

Editor’s Comment — I surely won’t be the first to make this observation, but Durham’s experience in investigating the Mafia should serve him well when it comes to uncovering the workings of the Bush adminstration.

OPINION: The presidency of outlaws

Looking at America
Editorial, New York Times, December 31, 2007

In the years since 9/11, we have seen American soldiers abuse, sexually humiliate, torment and murder prisoners in Afghanistan and Iraq. A few have been punished, but their leaders have never been called to account. We have seen mercenaries gun down Iraqi civilians with no fear of prosecution. We have seen the president, sworn to defend the Constitution, turn his powers on his own citizens, authorizing the intelligence agencies to spy on Americans, wiretapping phones and intercepting international e-mail messages without a warrant.

We have read accounts of how the government’s top lawyers huddled in secret after the attacks in New York and Washington and plotted ways to circumvent the Geneva Conventions — and both American and international law — to hold anyone the president chose indefinitely without charges or judicial review.

Those same lawyers then twisted other laws beyond recognition to allow Mr. Bush to turn intelligence agents into torturers, to force doctors to abdicate their professional oaths and responsibilities to prepare prisoners for abuse, and then to monitor the torment to make sure it didn’t go just a bit too far and actually kill them.

The White House used the fear of terrorism and the sense of national unity to ram laws through Congress that gave law-enforcement agencies far more power than they truly needed to respond to the threat — and at the same time fulfilled the imperial fantasies of Vice President Dick Cheney and others determined to use the tragedy of 9/11 to arrogate as much power as they could. [complete article]

Stonewalled by the CIA
By Thomas H. Kean and Lee H. Hamilton, New York Times, January 2, 2008

More than five years ago, Congress and President Bush created the 9/11 commission. The goal was to provide the American people with the fullest possible account of the “facts and circumstances relating to the terrorist attacks of Sept. 11, 2001” — and to offer recommendations to prevent future attacks. Soon after its creation, the president’s chief of staff directed all executive branch agencies to cooperate with the commission.

The commission’s mandate was sweeping and it explicitly included the intelligence agencies. But the recent revelations that the C.I.A. destroyed videotaped interrogations of Qaeda operatives leads us to conclude that the agency failed to respond to our lawful requests for information about the 9/11 plot. Those who knew about those videotapes — and did not tell us about them — obstructed our investigation.

There could have been absolutely no doubt in the mind of anyone at the C.I.A. — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations. [complete article]

Judgement and torture
By Scott Horton, Harper’s, December 30, 2007

The Administration has launched what Laura Rozen recently termed “Operation Stop Talking,” a program designed to insure that all intelligence officers and former officers maintain complete silence about what transpired with these tapes. This has included some very heavy handed measures, including an FBI investigation targeting John Kiriakou. My own sources tell me that Rozen’s reporting is right on the money about this—the word has been put out that any one allowing further information to slip out, or corroborating Kiriakou’s account, can expect severe retribution. And what is the objective of this extraordinary public relations project? Again, the aspect of Kiriakou’s remarks that gave rise to it was his detailed depiction of the Justice Department’s and the White House’s role in the entire process.

The Bush Administration’s containment strategy for this matter is very clear: it was a CIA affair, start to finish. The decision to make and destroy the tapes came down in the ranks of the CIA. Other agencies and particularly the White House were uninvolved. Yes, there will be a scapegoat offered up. [complete article]

NEWS: The CIA’s tireless effort to protect itself — and others

Tapes by CIA lived and died to save image
By Scott Shane and Mark Mazzetti, New York Times, December 30, 2007

If Abu Zubaydah, a senior operative of Al Qaeda, died in American hands, Central Intelligence Agency officers pursuing the terrorist group knew that much of the world would believe they had killed him.

So in the spring of 2002, even as the intelligence officers flew in a surgeon from Johns Hopkins Hospital to treat Abu Zubaydah, who had been shot three times during his capture in Pakistan, they set up video cameras to record his every moment: asleep in his cell, having his bandages changed, being interrogated.

In fact, current and former intelligence officials say, the agency’s every action in the prolonged drama of the interrogation videotapes was prompted in part by worry about how its conduct might be perceived — by Congress, by prosecutors, by the American public and by Muslims worldwide.

That worry drove the decision to begin taping interrogations — and to stop taping just months later, after the treatment of prisoners began to include waterboarding. And it fueled the nearly three-year campaign by the agency’s clandestine service for permission to destroy the tapes, culminating in a November 2005 destruction order from the service’s director, Jose A. Rodriguez Jr. [complete article]

NEWS: Refusing to condone torture

Navy JAG resigns over torture issue
McClatchy, December 27, 2007

“It was with sadness that I signed my name this grey morning to a letter resigning my commission in the U.S. Navy,” wrote Gig Harbor, Wash., resident and attorney-at-law Andrew Williams in a letter to The Peninsula Gateway last week. “There was a time when I served with pride … Sadly, no more.”

Williams’ sadness stems from the recent CIA videotape scandal in which tapes showing secret interrogations of two Al Qaeda operatives were destroyed.

The tapes may have contained evidence that the U.S. government used a type of torture known as waterboarding to obtain information from suspected terrorists.

Torture, including water-boarding, is prohibited under the treaties of the Geneva Convention.

It was in the much-publicized interview two weeks ago between Sen. Lindsey Graham (R-South Carolina) and Brig. Gen. Thomas Hartmann, who is the chief legal adviser at the Pentagon’s Office of Military Commissions, that led Williams to resign. [complete article]

OPINION & EDITOR’S COMMENT: What can’t be forgotten

Did Bush watch the torture tapes?
By Scott Horton, Harper’s, December 27, 2007

… the sequence of statements out of the White House is extremely revealing. It started with firm denials, then went silent and then pulled back rather sharply to a “President Bush has no present recollection of having seen the tapes.” This is a formulation frequently used to avoid perjury charges, a sort of way of saying “no” without really saying “no.” In between these statements, two more things unfolded that have a bearing on the question.

The New York Times squarely placed four White House lawyers in the middle of the decision about whether to destroy the tapes—Alberto Gonzales, David Addington, John Bellinger and Harriet Miers. It also reported that at least one of them was strongly advocating destruction. Suspicion immediately fell on the principle mover in support of torture, David Addington.

Second, John Kiriakou clarified his statements about the purpose for which the tapes were made. It was to brief higher ups about the process of the interrogation. Reports persist that one “higher-up” in particular had a special strong interest in knowing the details of the Abu Zubaydah case. His name is George W. Bush.

Are Bush’s denials that he has seen the torture tapes really credible? I don’t think so. [complete article]

See also, Operation stop talking (Laura Rozen).

Editor’s Comment — “I have no recollection” — a non-denial denial — is most likely a lie that could be pried open with just a few questions.

President of the United States is a unique job that includes all sorts of unusual tasks that nevertheless are quite forgettable. “In your daily intelligence briefings, do you remember being warned about imminent attacks by al Qaeda?” How could a president be expected to remember every little detail from every single briefing?

But interrogation videos — images of a man struggling against the sensation of drowning? How much time could George Bush spend watching videos of what amount to mock executions before the routine became something less than memorable? The question isn’t whether Bush remembers seeing videos of suspects being waterboarded; it is whether he believes this is something he could forget.

If the president is less than certain that such a sight is something he would never forget, then he’s apparently a sociopath. If on the other hand he can attest to the fact that, like most normal people, he would find such images unforgettable, then this is one instance where there is no reason for the president to be telling us about the power or frailty of his memory. If the president really has no recollection of seeing videos of waterboarding, he should be able to go one step further and say emphatically that he did not watch the videos. If he can’t deny watching the videos, it’s not because there are limits to his powers of recollection but because he refuses to shine any light on an indelible memory.

“I have no recollection” is not really a non-denial denial. It’s a simple lie.

December 24 – news and opinion roundup

Notes on the post-Bush Mideast
By Tony Karon, Rootless Cosmopolitan, December 24, 2007

A year from now, the Bush Administration will be emptying its desks into cardboard boxes and preparing to hand over to its successor. And, it’s a relatively safe bet that the menu of foreign policy crises and challenges it will leave in the in-trays of its successors will be largely unchanged from that facing the Bush Administration today. A combination of the traditional lame-duck effect of the final year of a presidency, and the decline in relative U.S. influence on the global stage — a product both of the calamitous strategic and tactical mistakes by the Bush Administration and of structural shifts in the global political economy that will limit the options available to his successor — suggest that even as he goes scurrying about the Middle East in search of a “legacy,” very little is going to change in the coming year. Indeed, the recurring theme in many of the crises Washington professes to be managing is the extent to which it is being ignored by both friend and foe. [complete article]

The rise of a fierce yet fragile superpower
By Fareed Zacharia, Newsweek, December 31, 2007

For Americans, 2008 is an important election year. But for much of the world, it is likely to be seen as the year that China moved to center stage, with the Olympics serving as the country’s long-awaited coming-out party. The much-heralded advent of China as a global power is no longer a forecast but a reality. On issue after issue, China has become the second most important country on the planet. Consider what’s happened already this past year. In 2007 China contributed more to global growth than the United States, the first time another country had done so since at least the 1930s. It also became the world’s largest consumer, eclipsing the United States in four of the five basic food, energy and industrial commodities. And a few months ago China surpassed the United States to become the world’s leading emitter of CO2. Whether it’s trade, global warming, Darfur or North Korea, China has become the new x factor, without which no durable solution is possible.

And yet the Chinese do not quite see themselves this way. Susan Shirk, the author of a recent book about the country, “The Fragile Superpower,” tells a revealing tale. Whenever she mentions her title in America, people say to her, “Fragile? China doesn’t seem fragile.” But in China people say, “Superpower? China isn’t a superpower.”

In fact it’s both, and China’s fragility is directly related to its extraordinary rise. Lawrence Summers has recently pointed out that during the Industrial Revolution the average European’s living standards rose about 50 percent over the course of his lifetime (then about 40 years). In Asia, principally China, he calculates, the average person’s living standards are set to rise by 10,000 percent in one lifetime! The scale and pace of growth in China has been staggering, utterly unprecedented in history—and it has produced equally staggering change. In two decades China has experienced the same degree of industrialization, urbanization and social transformation as Europe did in two centuries. [complete article]

Poll victory for Hindu firebrand is blow to government election plans
By Jeremy Page, The Times, December 24, 2007

To fans he is the “Lion of Gujarat”, saviour of Hindus and the brains behind one of India’s richest states. To critics he is a “merchant of death” with the blood of thousands of Muslims on his hands.

But love or hate Narendra Modi, the Hindu nationalist and Chief Minister of the western state of Gujarat has now staked his claim to leadership of his party – and perhaps his country.

His Bharatiya Janata Party (BJP) won 117 out of 182 seats in a local assembly election yesterday that became a barometer for the looming national elections. Congress won just 59 seats in the state poll that was spread over two weeks and which revived claims that Mr Modi had encouraged the slaughter of at least 2,000 Muslims in rioting in Gujarat in 2002. [complete article]

Pakistan’s tyranny continues
By Aitzaz Ahsan, New York Times, December , 2007

The chief justice of Pakistan’s Supreme Court, Iftikhar Muhammad Chaudhry, and his family have been detained in their house, barricaded in with barbed wire and surrounded by police officers in riot gear since Nov. 3. Phone lines have been cut and jammers have been installed all around the house to disable cellphones. And the United States doesn’t seem to care about any of that.

The chief justice is not the only person who has been detained. All of his colleagues who, having sworn to protect, uphold and defend the Constitution, refused to take a new oath prescribed by President Pervez Musharraf as chief of the army remain confined to their homes with their family members. The chief justice’s lawyers are also in detention, initially in such medieval conditions that two of them were hospitalized, one with renal failure.

As the chief justice’s lead counsel, I, too, was held without charge — first in solitary confinement for three weeks and subsequently under house arrest. Last Thursday morning, I was released to celebrate the Id holidays. But that evening, driving to Islamabad to say prayers at Faisal Mosque, my family and I were surrounded at a rest stop by policemen with guns cocked and I was dragged off and thrown into the back of a police van. After a long and harrowing drive along back roads, I was returned home and to house arrest. [complete article]

Uranium traces found on N. Korean tubes
By Glenn Kessler, Washington Post, December 21, 2007

U.S. scientists have discovered traces of enriched uranium on smelted aluminum tubing provided by North Korea, apparently contradicting Pyongyang’s denial that it had a clandestine nuclear program, according to U.S. and diplomatic sources.

The United States has long pointed to North Korea’s acquisition of thousands of aluminum tubes as evidence of such a program, saying the tubes could be used as the outer casing for centrifuges needed to spin hot uranium gas into the fuel for nuclear weapons. North Korea has denied that contention and, as part of a declaration on its nuclear programs due by the end of the year, recently provided the United States with a small sample to demonstrate that the tubes were used for conventional purposes.

The discovery of the uranium traces has been closely held by senior U.S. officials concerned that disclosure would expose intelligence methods and complicate the diplomatic process. North Korea has steadfastly refused to open up about its past practices, simply asserting that it is not engaged in inappropriate activities. However, the uranium finding will force U.S. negotiators to demand a detailed explanation from Pyongyang. [complete article]

CIA chief to drag White House into torture cover-up storm
By Sarah Baxter, The Sunday Times, December 23, 2007

The CIA chief who ordered the destruction of secret videotapes recording the harsh interrogation of two top Al-Qaeda suspects has indicated he may seek immunity from prosecution in exchange for testifying before the House intelligence committee.

Jose Rodriguez, former head of the CIA’s clandestine service, is determined not to become the fall guy in the controversy over the CIA’s use of torture, according to intelligence sources.

It has emerged that at least four White House staff were approached for advice about the tapes, including David Addington, a senior aide to Dick Cheney, the vice-president, but none has admitted to recommending their destruction.

Vincent Cannistraro, former head of counterterrorism at the CIA, said it was impossible for Rodriguez to have acted on his own: “If everybody was against the decision, why in the world would Jose Rodriguez – one of the most cautious men I have ever met – have gone ahead and destroyed them?” [complete article]

Wagons circled at CIA over tapes’ demise
By Greg Miller, Los Angeles Times, December 24, 2007

Shortly after he arrived as CIA director in 2004, Porter J. Goss met with the agency’s top spies and general counsel to discuss a range of issues, including what to do with videotapes showing harsh interrogations of Al Qaeda detainees, according to current and former officials familiar with the matter.

“Getting rid of tapes in Washington,” Goss said, according to an official involved in the discussions, “is an extremely bad idea.”

But at the agency’s operational levels — especially within the branch that ran the network of secret prisons — the idea of holding on to the tapes and hoping their existence would never be leaked to the public seemed even worse.

Citing what CIA veterans regard as a long record of being stranded by politicians in times of scandal, current and former U.S. intelligence officials said the decision to destroy the tapes was driven by a determination among senior spies to guard against a repeat of that outcome. [complete article]

CIA needs more taping, experts say
By Josh Meyer, Los Angeles Times, December 23, 2007

The controversy over destroyed CIA videotapes has highlighted weaknesses in American intelligence agencies’ methods of interrogation of Al Qaeda suspects, according to current and former officials and experts, who say those methods are compromising the ability to extract critically important information about the threat from Islamic extremism.

Congress, the Justice Department and the CIA inspector general are investigating why the CIA destroyed tapes of its 2002 interrogations of two alleged senior Al Qaeda leaders, Abu Zubaydah and Abd al Rahim al Nashiri. Investigators think Zubaydah was recorded being waterboarded — a controversial tactic that mimics the experience of drowning. The tapes were destroyed in 2005.

By their own accounting, the CIA and other U.S. intelligence agencies have not videotaped the interrogations of potentially hundreds of other terrorism suspects. That indicates an outmoded level of secrecy and unprofessionalism, the interrogation experts contend.

They say that the U.S. is behind the curve of current best practices, and that videotaping is an essential tool in improving the methods — and results — of terrorism interrogations. And the accountability provided by recording is needed to address international concerns about the United States’ use of harsh, potentially illegal techniques, these experts add. [complete article]

5 myths about torture and truth
By Darius Rejali, Washington Post, December 16, 2007

So the CIA did indeed torture Abu Zubaida, the first al-Qaeda terrorist suspect to have been waterboarded. So says John Kiriakou, the first former CIA employee directly involved in the questioning of “high-value” al-Qaeda detainees to speak out publicly. He minced no words last week in calling the CIA’s “enhanced interrogation techniques” what they are.

But did they work? Torture’s defenders, including the wannabe tough guys who write Fox’s “24,” insist that the rough stuff gets results. “It was like flipping a switch,” said Kiriakou about Abu Zubaida’s response to being waterboarded. But the al-Qaeda operative’s confessions — descriptions of fantastic plots from a man who intelligence analysts were convinced was mentally ill — probably didn’t give the CIA any actionable intelligence. Of course, we may never know the whole truth, since the CIA destroyed the videotapes of Abu Zubaida’s interrogation. But here are some other myths that are bound to come up as the debate over torture rages on. [complete article]

Iran cited in Iraq’s decline in violence
By Karen DeYoung, Washington Post, December 23, 2007

The Iranian government has decided “at the most senior levels” to rein in the violent Shiite militias it supports in Iraq, a move reflected in a sharp decrease in sophisticated roadside bomb attacks over the past several months, according to the State Department’s top official on Iraq.

Tehran’s decision does not necessarily mean the flow of those weapons from Iran has stopped, but the decline in their use and in overall attacks “has to be attributed to an Iranian policy decision,” David M. Satterfield, Iraq coordinator and senior adviser to Secretary of State Condoleezza Rice, said in an interview.

U.S. Ambassador to Iraq Ryan C. Crocker said that the decision, “should [Tehran] choose to corroborate it in a direct fashion,” would be “a good beginning” for a fourth round of talks between Crocker and his Iranian counterpart in Baghdad. Although the mid-December date scheduled for the talks was postponed, Crocker said he expects that the parties will convene “in the next couple of weeks.” [complete article]

In a force for Iraqi calm, seeds of conflict
By Alissa J. Rubin and Damien Cave, New York Times, December 23, 2007

The thin teenage boy rushed up to the patrol of American soldiers walking through Dora, a shrapnel-scarred neighborhood of the capital, and lifted his shirt to show them a mass of red welts across his back.

He said he was a member of a local Sunni “Awakening” group, paid by the American military to patrol the district, but he said it was another Awakening group that beat him. “They took me while I was working,” he said, “and broke my badge and said, ‘You are from Al Qaeda.’”

The soldiers were unsure of what to do. The Awakening groups in just their area of southern Baghdad could not seem to get along: they fought over turf and, it turned out in this case, one group had warned the other that its members should not pay rent to Shiite “dogs.”

The Awakening movement, a predominantly Sunni Arab force recruited to fight Sunni Islamic extremists like Al Qaeda in Mesopotamia, has become a great success story after its spread from Sunni tribes in Anbar Province to become an ad-hoc armed force of 65,000 to 80,000 across the country in less than a year. A linchpin of the American strategy to pacify Iraq, the movement has been widely credited with turning around the violence-scarred areas where the Sunni insurgency has been based.

But the beating that day was a stark example of how rivalries and sectarianism are still undermining the Americans’ plans. And in particular, the Awakening’s rapid expansion — the Americans say the force could reach 100,000 — is creating new concerns. [complete article]

U.S. officials see waste in Pakistan aid
By David Rohde, Carlotta Gall, Eric Schmitt and David E. Sanger, New York Times, December 24, 2007

After the United States has spent more than $5 billion in a largely failed effort to bolster the Pakistani military effort against Al Qaeda and the Taliban, some American officials now acknowledge that there were too few controls over the money. The strategy to improve the Pakistani military, they said, needs to be completely revamped.

In interviews in Islamabad and Washington, Bush administration and military officials said they believed that much of the American money was not making its way to frontline Pakistani units. Money has been diverted to help finance weapons systems designed to counter India, not Al Qaeda or the Taliban, the officials said, adding that the United States has paid tens of millions of dollars in inflated Pakistani reimbursement claims for fuel, ammunition and other costs.

“I personally believe there is exaggeration and inflation,” said a senior American military official who has reviewed the program, referring to Pakistani requests for reimbursement. “Then, I point back to the United States and say we didn’t have to give them money this way.”

Pakistani officials say they are incensed at what they see as American ingratitude for Pakistani counterterrorism efforts that have left about 1,000 Pakistani soldiers and police officers dead. They deny that any overcharging has occurred. [complete article]

Israel rejects truce with Hamas
By Mark Lavie, AP, December 24, 2007

Israel’s prime minister pledged Sunday to continue attacking Gaza militants, ruling out truce negotiations with Hamas amid widespread skepticism about the Islamic group’s ability to halt rocket attacks.

An Israeli cabinet minister, meanwhile, angered moderate Palestinians with another plan for new Jewish housing in a disputed part of Jerusalem, complicating renewed peace talks.

There have been almost daily reports of truce feelers from the embattled Islamic Hamas regime in Gaza, and Israeli defense officials have said they are examining the proposals.

But at the weekly cabinet meeting Sunday, Prime Minister Ehud Olmert rejected negotiations with Hamas because it has rebuffed international demands that it recognize Israel, renounce violence and endorse past peace accords. [complete article]

Rice: US has ‘no permanent enemies’
By Matthew Lee, AP, December 21, 2007

Secretary of State Condoleezza Rice on Friday held out the prospect of improved relations with the remaining two members of President Bush’s “axis of evil,” Iran and North Korea, as long as they meet international demands over their nuclear programs.

Rice said the Bush administration in its remaining year would welcome fundamental changes in its dealings with the two countries, as well as with Syria, and as an example pointed to warming ties with Libya, which renounced weapons of mass destruction in 2003. [complete article]

NEWS: CIA obstructed 9/11 commission inquiry

9/11 panel study finds that CIA withheld tapes
By Mark Mazzetti, New York Times, December 22, 2007

A review of classified documents by former members of the Sept. 11 commission shows that the panel made repeated and detailed requests to the Central Intelligence Agency in 2003 and 2004 for documents and other information about the interrogation of operatives of Al Qaeda, and were told by a top C.I.A. official that the agency had “produced or made available for review” everything that had been requested.

The review was conducted earlier this month after the disclosure that in November 2005, the C.I.A. destroyed videotapes documenting the interrogations of two Qaeda operatives.

A seven-page memorandum prepared by Philip D. Zelikow, the panel’s former executive director, concluded that “further investigation is needed” to determine whether the C.I.A.’s withholding of the tapes from the commission violated federal law.

In interviews this week, the two chairmen of the commission, Lee H. Hamilton and Thomas H. Kean, said their reading of the report had convinced them that the agency had made a conscious decision to impede the Sept. 11 commission’s inquiry. [complete article]

No immediate ruling on judicial inquiry
By David Stout and David Johnston, New York Times, December 22, 2007

A federal judge said Friday that he would not rule immediately on whether to hold a judicial inquiry into the destruction of C.I.A. videotapes that showed the harsh interrogation of two suspected operatives of Al Qaeda. [complete article]

CIA seeks investigation of ex-officer’s claims
By Peter Baker and Joby Warrick, Washington Post, December 21, 2007

The CIA has asked the Justice Department to investigate whether a former agency officer illegally disclosed classified information in describing the capture and waterboarding of an al-Qaeda terrorism suspect, officials said yesterday.

In interviews last week with The Washington Post and other news organizations, former CIA officer John Kiriakou discussed details of the capture of Zayn al-Abidin Muhammed Hussein alleging that he resisted cooperating with interrogators until he was subjected to waterboarding, which makes a captive believe he is being drowned.

Kiriakou, who participated in the capture of the man commonly known as Abu Zubaida in Pakistan in March 2002, said he did not see the waterboarding but was given details by others who were there. He said waterboarding was effective in Abu Zubaida’s case, though Kiriakou now regards the technique as torture.

Kiriakou’s attorney, Mark Zaid, a Washington lawyer whose clients include former CIA employees, said the CIA routinely refers such cases to the Justice Department, though only rarely do the referrals result in criminal charges.

“If they do pursue it, they will open a Pandora’s box that will put the spotlight on whether the interrogations were lawful, and the extent to which they have been fully revealed by federal officials,” Zaid said in an interview. [complete article]

NEWS, OPINION & EDITOR’S COMMENT: Torture tapes — Watergate of our times?

CIA to cooperate with House on tapes
By Scott Shane, New York Times, December 20, 2007

The Central Intelligence Agency has agreed to make documents related to the destruction of interrogation videotapes available to the House Intelligence Committee and to allow the agency’s top lawyer, John A. Rizzo, to testify about the matter, Congressional and intelligence officials said Wednesday.

But it remained unclear whether Jose A. Rodriguez, who as chief of the agency’s clandestine service ordered the tapes destroyed in 2005, would testify. Officials said Mr. Rodriguez’s appearance before the committee might involve complex negotiations over legal immunity at a time when the Justice Department and the intelligence agency were reviewing whether the destruction of the tapes broke any laws.

The agreement marked at least a partial resolution of a standoff between the Bush administration and Congress. [complete article]

Torture tapes are the Watergate of our times
By Brent Budowsky, The Hill, December 19, 2007

In an administration facing an ocean of scandal on multiple and multiplying fronts, this scandal above all will be the Watergate of our times because it involves extremely probable crimes of torture, extremely probable obstructions of justice, and a steady stream of revelations that will only escalate until the inevitable special prosecutor is named. [complete article]

Editor’s Comment — Starting with the most obvious difference between the torture tapes and the Watergate tapes, the latter were tampered with while the former were destroyed — call it a Watergate lesson-learned. But perhaps more important is the political context. America in the early ’70s had the capacity to be shocked and the willingness to challenge power. Back in those days, the New York Times had the guts to defy the White House by publishing the Pentagon Papers. Now the White House asks them to change a subheading and the paper of record meekly says, OK. As for Congress, is an anemic Democratic “opposition” ready to challenge the administration, no-holds-barred? That really would be shocking.

NEWS & EDITOR’S COMMENT: Torture complex uncovered

Torture house, mass graves discovered in Iraq
CNN, December 20, 2007

Coalition forces found 26 bodies buried in mass graves and a bloodstained “torture complex,” with chains hanging from walls and ceilings and a bed connected to an electrical system, the military said Wednesday.
[…]
The complex was in an area thought to be an al Qaeda in Iraq haven and operating base, the military said. Iraqis had told the military about the site during an earlier operation.

“Evidence of murder, torture and intimidation against local villagers was found throughout the area,” the military statement said. [complete article]

Editor’s Comment — The unfortunate but predictable effect of a report such as this is that it will empower those who want to argue that “their torture is worse than ours.” But the more important question is this: Have their torturers been empowered by ours? To imagine that Abu Ghraib, Guantanamo, Bagram, renditions and secret CIA prisons have had little impact on the outlook of America’s enemies (and friends) is both ignorant and naive.

EDITORIAL: The torture tapes

The torture tapes
By Paul Woodward, War in Context, December 19, 2007

Spooks and crooks have a lot in common. Success in either field depends on not getting caught. And as every criminal and spy knows, success depends in large part on the ability to destroy evidence. No evidence, no crime — thus the criminal logic works. So why would the CIA create an evidentiary trail in the first place? Why document torture?

Documentation is institutional insurance. We’ve long known that CIA interrogators are afraid of being hung out to dry. Their fears are well-based, given that they are working for an administration notorious for the lack of accountability among its top officials. Anyone instructed to engage in torture would obviously want to be sure that a clear record would be maintained showing that they had been following their orders with rigorous discipline and precision. The torture tapes must have been created by CIA officers who wanted to be sure that they wouldn’t be disowned by the chain of command. It thus seems reasonable to ask: have all the tapes actually been destroyed? Were no copies made? Contrary to official statements, the interests of the interrogators would more likely be protected by keeping the tapes than by destroying them.

Indeed, it should come as no surprise that the most eager desire to have the tapes destroyed appears to have come from outside the CIA and straight from the White House. As the New York Times today reports:

One former senior intelligence official with direct knowledge of the matter said there had been “vigorous sentiment” among some top White House officials to destroy the tapes. The former official did not specify which White House officials took this position, but he said that some believed in 2005 that any disclosure of the tapes could have been particularly damaging after revelations a year earlier of abuses at Abu Ghraib prison in Iraq.

The lesson from Abu Ghraib was that the worst political damage came not from the abuse itself but from the images. If the photos had never been leaked, the haunting images of abuse would still be locked inside the minds of the torturers and their victims. In America, outside the Pentagon, no one would even have heard the name Abu Ghraib.

The political calculation that was weighed in deciding whether to destroy the torture tapes would thus seem to have been quite simple. Which would exact a higher cost: dealing with questions about the destruction of evidence, or dealing with the repercussions of indisputable evidence that as a matter of policy and practice, the United States Government engages in torture?

George Bush and Dick Cheney don’t want to be remembered as the president and vice-president who undermined American democracy by sanctioning torture. The alternative — to be seen as underhand, duplicitous, and unaccountable — that’s just the dirty world of politics-as-usual.

NEWS & OPINION: The administration of torture

Picture of secret detentions emerges in Pakistan
By Carlotta Gall, New York Times, December 19, 2007

The director of the human rights commission, I. A. Rehman, said the government had set up a nearly invisible detention system. “There are safe houses in Islamabad where people are kept,” he said, citing accounts from the police and freed detainees. “Police have admitted this. Flats are taken on rent; property is seized; people are tortured there.”

In some cases, detainees recounted that they had been interrogated in the presence of English-speaking foreigners, who human rights officials and lawyers suspect are Americans.

A United States Embassy spokeswoman said she could not comment on the allegations and referred all questions to Washington. A spokesman for the Central Intelligence Agency, Mark Mansfield, declined to comment on Mr. Rehman’s accusations, or on any specific detainees.

One detainee, a Jordanian named Marwan Ibrahim, who was arrested in a raid in the city of Lahore, where he had been living for 10 years, said he was sent to a detention center in Afghanistan run by Americans, then to Jordan and Israel, and was finally released in Gaza, according to an account Mr. Ibrahim gave to Human Rights Watch, another independent group.

Another detainee, Majid Khan, 27, a Pakistani computer engineer who disappeared from Karachi four years ago, surfaced April 15 this year before a military tribunal in Guantánamo Bay. His American lawyers say he was subjected to torture in C.I.A. detention in a secret location. Mr. Mansfield, the C.I.A. spokesman, declined to comment, except to say that the “C.I.A.’s terrorist interrogation effort has always been small, carefully run, lawful, and highly productive.” [complete article]

FBI, CIA debate significance of terror suspect
By Dan Eggen and Walter Pincus, Washington Post, December 18, 2007

According to Kiriakou’s account, which he said is based on detailed descriptions by fellow team members, Abu Zubaida broke after just 35 seconds of waterboarding, which involved stretching cellophane over his mouth and nose and pouring water on his face to create the sensation of drowning.

But other former and current officials disagreed that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.

The videotaping of Abu Zubaida in 2002 went on day and night throughout his interrogation, including waterboarding, and while he was sleeping in his cell, intelligence officials said. “Several hundred hours” of videotapes were destroyed in November 2005, a senior intelligence officer said. The CIA has said it ceased waterboarding in 2003. [complete article]

Former U.S. interrogator recounts torture cases in Afghanistan and Iraq
El Mundo (via Informed Comment), December 10, 2007

But Bagram has an underworld in which the CIA tortures the leaders of Al-Qa’idah. “One day I went to an interrogation session and as soon as I arrived I knew that it was not a normal case. There were civilians, among them a doctor and a psychiatrist. The prisoner was called Omar al-Faruq, an Al-Qa’idah leader in Asia who had been brought to the prison by one of those agencies”, recalls Corsetti. “I don’t want to go into details because it could be very negative for my country, but he was brutally beaten – daily. And tortured by other methods. He was a bad man, but he didn’t deserve that”. Al-Faruq escaped from Bagram in action which, according to some, was tolerated by the USA and was killed in April 2006 by the British in the Iraqi city of Basra.

Corsetti says that he never took part in the torture. “My sole job was to sit there and make sure the prisoner didn’t die. But there were several times when I thought they were about to die, when they were interrogated by those people who have no name and who work for no-one in particular. It’s incredible what a human being can take”. A resistance similar to that of the memory of those torture sessions. Because Corsetti, a veteran of two wars, says: “I have seen people die in combat. I shot at people. That is not as bad as seeing someone tortured. Al-Faruq looked at me while they tortured him and I have that look in my head. And the cries, the smells, the sounds, they are with me all the time. It is something I can’t take in. The cries of the prisoners calling for their relatives, their mother. I remember one who called for God, for Allah, all the time. I have those cries here, inside my head”.

“In Abu-Ghurayb and Bagram they were tortured to make them suffer, not to get information out of them”. And the fact is that at times the torture had no other goal that “to punish them for being terrorists. They tortured them and didn’t ask them anything”. That is the case of the practice known as “the submarine”: to simulate the drowning of the prisoner. “They have them hooded and they pour water on them. That makes it very difficult to breath. I think you can’t die with the submarine. I certainly never saw anyone die. However, they do cough like crazy because they are totally submerged in water and that gets on their lungs. Perhaps what it can give you is serious pneumonia”. The civilians who took part in the interrogations used the submarine whenever they wanted. They gave it to them for five or 10 minutes and didn’t ask anything”. [complete article]

The president’s coming-out party
By Scott Horton, Harper’s, December 15, 2007

The Justice Department has announced an “initial probe” into the destruction of the CIA torture tapes. There is no credible basis upon which this can be viewed as anything other than a conscious crime. The tapes were destroyed, even according to sources within the CIA, because of imminent fear that they would constitute evidence in a criminal prosecution of persons involved in the acts of torture. And even beyond this more general concern, they were destroyed so they would not be turned over to a federal judge who was demanding them. They were destroyed to protect a series of false official statements about the way individual prisoners, whose statements would be used in evidence, were in fact being treated.

Remember, in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The tapes would have provided such proof. Destroying them would therefore help make the evidence admissible.

Note also, no one has ever even raised the possibility that the destruction was inadvertent or accidental.

All that being said, we should ask: why do we need an “initial assessment”? Things couldn’t possibly be more clear. It is as if Julius Caesar was stabbed to death on the floor of the senate with a hundred onlookers, and now the Justice Department wants to weigh carefully whether there is evidence sufficient to justify a homicide investigation. [complete article]

Congress defies Bush on CIA tape probe
By John Cochran, ABC News, December 17, 2007

House Intelligence Committee chairman Silvestre Reyes told ABC News today that he will ignore the Bush administration’s request to drop its investigation of why CIA interrogation tapes were destroyed.

“This is an administration that frankly does not have a good track record of policing itself,” Reyes said. “We intend to go forward and issue subpoenas next week because we are a whole equal branch of government.”

After telling Congress to get out of the way, the Justice Department took the highly unusual step of telling the same thing to a federal judge.

In 2005, Judge Henry Kennedy ordered the government not to destroy any evidence of mistreatment or torture at the detention center at Guantanamo Bay, Cuba. The Administration says that because the destroyed tapes were interrogations of two suspects in secret CIA prisons, not at Guantanamo, the judge should not interfere.

“This is becoming increasingly bizarre,” said Jonathan Turley, a professor at George Washington University Law School. “The Justice Department insists it will essentially investigate itself and then tells the court that because it is investigating itself it won’t turn over evidence of its possible criminal misconduct. It’s so circular, it’s maddening.” [complete article]

ANALYSIS & EDITOR’S COMMENT: The imprint of torture

CIA agents sense shifting support for methods
By Scott Shane, New York Times, December 13, 2007

For six years, Central Intelligence Agency officers have worried that someday the tide of post-Sept. 11 opinion would turn, and their harsh treatment of prisoners from Al Qaeda would be subjected to hostile scrutiny and possible criminal prosecution.

Now that day may have arrived, after years of shifting legal advice, searing criticism from rights groups — and no new terrorist attacks on American soil. [complete article]

Editor’s Comment — Suppose that soon after 9/11, at a time when many Americans were fixated on the question, why do they hate us?, we had been presented with part of an answer to that question:

because we let our allies torture them.

If 9/11 itself had widely been seen as, in part, an act of revenge for torture, would we now be having a debate about the wisdom, morality, or effectiveness of the use of torture?

*

On December 4, 1982, at the opening of the trial of three hundred Egyptian Islamists who had been implicated in the plot to assassinate President Anwar Sadat, the Islamists’ spokesman, Ayman Zawahiri (later to become Osama bin Laden’s deputy), said, “Now we want to speak to the world.”

Clips from his statement have often been televised. The image they portray is of a revolutionary Islamist, intent on toppling governments and imposing Sharia law. But the part of Zawahiri’s message to the world that received less attention than it should — especially in the immediate aftermath of 9/11 — related to torture.

In The Looming Tower, Lawrence Wright writes:

[As spokesman for the defendants] Zawahiri calls out the names of several prisoners who, he says, died as a result of torture. “So where is democracy?” he shouts. “Where is freedom? Where is human rights? Where is justice? Where is justice? We will never forget! We will never forget!”

Zawahiri’s allegations of torture were later substantiated by forensic medical reports, which noted six injuries in various places on his body resulting from assaults with “a solid instrument.” Zawahiri later testified in a case brought against Intelligence Unit 75, which had conducted the prison interrogations. He was supported by testimony of one the intelligence officers, who confessed that he witnessed Zawahiri in the prison, “his head shaved, his dignity completely humiliated, undergoing all sorts of torture.” The officer went on to say that he had been in the interrogation room when another prisoner was brought into the chamber, chained hand and foot. The interrogators were trying to get Zawahiri to confess his involvement in the Sadat assassination. When the other prisoner said, “How would you expect him to confess when he knows the penalty is death?” Zawahiri replied, “The death penalty is more merciful than torture.” (pp.64-65)

In the name of supporting Egypt’s “stability” and its peace treaty with Israel, the United States has for decades provided billions of dollars in military and economic aid while most of the time choosing to ignore the violent repression for which Egypt is infamous and that U.S. tax dollars continue to enable. The intimate relationship between the U.S. government and the Egyptian torturers has never been lost on the tortured.

Shouldn’t one of the many lessons of 9/11 have been that torture can produce profound hatred and that those who have been tortured do truly never forget? Only a nation intent on making itself impervious to the past could continue to create so many inerasable memories.

NEWS, OPINION & EDITOR’S COMMENT: The torture cover-up

CIA efforts to prosecute “whistle-blower” spy stopped
By Brian Ross and Richard Esposito, ABC, December 11, 2007

The former CIA intelligence official who went public on ABC News about the agency’s use of waterboarding in interrogations, John Kiriakou, apparently will not be the subject of a Justice Department investigation, even though some CIA officials believe he revealed classified information about the use of waterboarding.

“They were furious at the CIA this morning, but cooler heads have apparently prevailed for the time being,” a senior Justice Department official told the Blotter on ABCNews.com.

Gen. Michael Hayden, the CIA director, did sent out a classified memo this morning warning all employees “of the importance of protecting classified information,” a CIA spokesperson told ABCNews.com. [complete article]

Editor’s Comment — John Kirakou… whistleblower? Give me a break.

Sometimes the best imagery is unavoidably crude and thus I present the dear reader with an image that captures both the sturdiness and frailty of the Bush administration:

It is a pyramid of assholes with the largest one at the top.

Whistleblowers there could have been many; instead, the larger assholes have been protected by the smaller ones since each was possessed by the same preoccupation — covering his own.

Who authorized the CIA to destroy interrogation videos?
By Michael Isikoff and Mark Hosenball, Newsweek, December 11, 2007

The CIA repeatedly asked White House lawyer Harriet Miers over a two-year period for instructions regarding what to do with “very clinical” videotapes depicting the use of “enhanced” interrogation techniques on two top Al Qaeda captives, according to former and current intelligence officials familiar with the communications (who requested anonymity when discussing the controversial issue). The tapes are believed to have included evidence of waterboarding and other interrogation methods that Bush administration critics have described as torture.

Senior officials of the CIA’s National Clandestine Service finally decided on their own authority in late 2005 to destroy the tapes—which were kept at a secret location overseas—after failing to elicit clear instructions from the White House or other senior officials on what to do with them, according to one of the former intelligence officials with direct knowledge of the events in question. An extensive paper—or e-mail—trail exists documenting the contacts between Clandestine Service officials and top agency managers and between the CIA and the White House regarding what to do about the tapes, according to two former intelligence officials. [complete article]

Death squads, disappearances, and torture — from Latin America to Iraq
By Greg Grandin, TomDispatch, December 11, 2007

The world is made up, as Captain Segura in Graham Greene’s 1958 novel Our Man in Havana put it, of two classes: the torturable and the untorturable. “There are people,” Segura explained, “who expect to be tortured and others who would be outraged by the idea.”

Then — so Greene thought — Catholics, particularly Latin American Catholics, were more torturable than Protestants. Now, of course, Muslims hold that distinction, victims of a globalized network of offshore and outsourced imprisonment coordinated by Washington and knitted together by secret flights, concentration camps, and black-site detention centers. The CIA’s deployment of Orwellian “Special Removal Units” to kidnap terror suspects in Europe, Canada, the Middle East, and elsewhere and the whisking of these “ghost prisoners” off to Third World countries to be tortured goes, today, by the term “extraordinary rendition,” a hauntingly apt phrase. “To render” means not just to hand over, but to extract the essence of a thing, as well as to hand out a verdict and “give in return or retribution” — good descriptions of what happens during torture sessions. [complete article]

If the CIA hadn’t destroyed those tapes, what would be different?
By Emily Bazelon and Dahlia Lithwick, Slate, December 10, 2007

In the uproar over the destruction by the CIA of taped interrogations of suspected al-Qaida operatives in the aftermath of Sept. 11, we are discovering creative new ways to speculate about past events. The pastime has begun with what should have been done differently—finger-pointing at congressional Democrats who’d been briefed about the tapes and remained silent, or distress over the failure to inform superiors at the CIA or the Bush administration. But here’s a different thought experiment: How would the national debate over torture have changed if we’d known about the CIA tapes all along? How would our big terror trials and Supreme Court cases have played out?

Yes, this is also a speculative enterprise, but it’s critical to understanding the extent of the CIA’s wrongdoing here. And we have a benchmark. When the photos from Abu Ghraib were leaked in 2004, a national uproar ensued. Video of hours of repetitive torture could have had a similarly significant impact—the truism about the power of images holds. If we are right about that—and we think we are—this evidence that has been destroyed would have fundamentally changed the legal and policy backdrop for the war on terror in ways we’ve only begun to figure out. [complete article]

CIA director speaks to Senate committee
By Mark Mazzetti and David Johnston, New York Times, December 12, 2007

Gen. Michael V. Hayden, director of the Central Intelligence Agency, distanced himself on Tuesday from the decision to record and subsequently destroy hundreds of hours of video taken during the interrogations of senior Qaeda captives.

Speaking in public after delivering classified testimony before a Senate committee, General Hayden said that the decision to record the interrogations in 2002 was made under George J. Tenet, then the director of central intelligence, and that the destruction of those tapes in 2005 came under the watch of Porter J. Goss, who succeeded Mr. Tenet.

“There are other people at the agency who know about this far better than I,” he said after he testified before the Senate Intelligence Committee. He had become the agency director in May 2006, six months after intelligence officials have said the tapes were destroyed. [complete article]

Evidence from waterboarding could be used in military trials
By Josh White, Washington Post, December 12, 2007

The top legal adviser for the military trials of Guantanamo Bay detainees told Congress yesterday that he cannot rule out the use of evidence derived from the CIA’s aggressive interrogation techniques, including waterboarding, a tactic that simulates drowning.

Air Force Brig. Gen. Thomas W. Hartmann, who oversees the prosecutors who will try the detainees at military commissions, said that while “torture” is illegal, he cannot say whether waterboarding violates the law. Nor would he say that such evidence would be barred at trial. [complete article]

NEWS, OPINION & EDITOR’S COMMENT: Moral clarity on torture

CIA spy calls waterboarding necessary but torture
By Richard Esposito and Brian Ross, ABC News, December 10, 2007

A leader of the CIA team that captured the first major al Qaeda figure, Abu Zubaydah, says subjecting him to waterboarding was torture but necessary.

In the first public comment by any CIA officer involved in handling high-value al Qaeda targets, John Kiriakou, now retired, said the technique broke Zubaydah in less than 35 seconds.

“The next day, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate,” said Kiriakou in an interview to be broadcast tonight on ABC News’ “World News With Charles Gibson” and “Nightline.”

“From that day on, he answered every question,” Kiriakou said. “The threat information he provided disrupted a number of attacks, maybe dozens of attacks.” [complete article]

Editor’s Comment — “Because we’re Americans, and we’re better than that” — it’s a popular line, a curious quasi-ethical principal, and it’s John Kiriakou’s reason for no longer supporting the use of torture.

American ideals might be better than that, but Americans and their ideals are not the same. The American government sanctioned torture and American CIA officers have engaged in torture. Therein lies one of the many gaps between America and its ideals.

But to debate the issue of torture in terms of whether it is or is not un-American is to obscure a moral question that is not as complex as it is being made to appear. The issue should not hinge on whether we accept an idealized conception of what it means to be American. It has nothing to do with national identity. It hinges quite simply on whether we accept or reject the principle that the ends justifies the means.

Any time the phrase “saving American lives” enters the torture debate an ends-justifies-the-means argument is being employed. At the same time, no one actually wants to positively assert this line of reasoning. If the ends really do justifies the means then it shouldn’t make any difference what those means are — pulling out finger nails, raping relatives — why would anything be off limits if it could be shown to be effective in saving American lives?

On the other side is a pragmatic (and seemingly safe) argument: torture shouldn’t be used because it doesn’t work. It yields false confessions and there are much better non-violent means to tease out valuable information. This is also a means-ends argument that merely challenges the assumption that the means will accomplish the aims. (And not only is it a means-ends argument; it’s also rather easy to counter. All you have to do is present a case — as the CIA has just done — where it appears that torture “worked.”)

And then there’s the question of who gets tortured. To cite evidence that Abu Zubaydah may not have been a high-level al Qaeda operative is to imply that the legitimacy of torture is affected by the potential for the victim to cough up some valuable information. In other words, it implies that torture might be justifiable if it can be demonstrated that this particular person is really “worth” torturing. (Again, the CIA — on behalf of Bush-Cheney — presses the case that it has been extremely selective in who gets tortured.)

Ultimately, the only unambiguous moral position to take is to say that a calculated effort to make a human being suffer is immoral – it doesn’t make any difference who that person is or how well-intentioned the torturer might be. That’s moral clarity and that’s the principle that law and policy should embody.

The torture of Abdul Hamid al-Ghizzawi
By Leonard Fein, The Forward, December 10, 2007

On December 7, 2006, he was among several hundred detainees randomly selected and moved to the newest detention camp at Guantanamo, Camp 6, which was designed to hold the majority of the detainees. According to Amnesty International, and in contravention of international standards, all detainees in Camp 6 are held under conditions of “extreme isolation and sensory deprivation for a minimum of 22 hours a day in individual steel cells with no windows to the outside.”

Their cells reportedly are extremely small. The only source of light is fluorescent lighting that is on 24 hours a day and the only air is air-conditioning, both of which are controlled by the prison guards. The detainees reportedly are allowed two hours of “recreation time” a day to be spent in a metal cage measuring four feet by four feet. (That’s 1/3 the size of a ping-pong table.)

Al-Ghizzawi’s lawyer says that his guards frequently give him his “rec time” in the middle of the night or, sometimes, in the middle of the day when the cage is in the hot sun. Detainees in Camp 6 have no access to radio, television or newspapers. They are given one book a week.

According to his lawyer, Al-Ghizzawi’s eyesight has deteriorated so significantly that he is now unable to read. Thus he now spends his time pacing in his cell. All of the detainees at Guantanamo reportedly are forbidden telephone calls and family visits, and most are not allowed to touch another human being. The detainees are not given any blankets. Their only cover is a plastic sheet.

There is no reason to believe that Al-Ghizzawi’s treatment is exceptional. If his is at all an exceptional case, it is exceptional because he has twice been unanimously declared not to be an enemy combatant. [complete article]

Watching torture
By John Barry, Newsweek, December 10, 2007

The footage was blurry, shot with a handheld 8mm camera in the poor light filtering through the shack’s small windows. There was no sound—which lent merciful distance to what it showed: the interrogation of some unidentified middle-aged man, undergoing falanga, mostly (beatings to pulp the feet), though the session culminated in anal rape with a stick. What remains as a true horror in the memory is less those activities than the demeanor of the inquisitors. A couple of men in shirts were administering the torture. But a pair of interrogators stood off to one side, mostly out of the frame. They came to the victim before and after each bout, evidently asking questions. Then they’d go back out of frame, to let the next round of beatings commence. Two men in neat dark suits, professionals, just doing a job—unpleasant, perhaps, but necessary, as they saw it, for the safety of the state.

That no doubt is the true horror of the tapes the CIA destroyed—worse, even, than the sight of the torture procedures themselves. We assume it shows waterboarding, the near-drowning of someone strapped to a cruciform plank. Memories of that Savak instructional film tell me, indelibly, what the videos would have looked like: the torturers calmly pouring water over the cloth covering the victims’ faces, the frenzied chest-heavings as the bodies went into shock, the gasping and retching as each session ended. More horrifying still would have been the actions, or inactions, of all those standing around. There must have been interrogators, and an interpreter. Certainly a doctor, watching the victims’ vital signs on a monitor to gauge how long each session could last. This being America, there may have even been a lawyer on hand. All professionals, doing something unpleasant, but—you understand—necessary for the safety of the state. And at the end of the day, one assumes, they drove home to their families.

This is where 9/11 has brought us. No wonder Rodriguez destroyed those tapes. [complete article]

Lawyers cleared destroying tapes
By Mark Mazzetti, New York Times, December 11, 2007

Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from Al Qaeda, according to a former senior intelligence official with direct knowledge of the episode.

The involvement of agency lawyers in the decision making would widen the scope of the inquiries into the matter that have now begun in Congress and within the Justice Department. Any written documents are certain to be a focus of government investigators as they try to reconstruct the events leading up to the tapes’ destruction.

The former intelligence official acknowledged that there had been nearly two years of debate among government agencies about what to do with the tapes, and that lawyers within the White House and the Justice Department had in 2003 advised against a plan to destroy them. But the official said that C.I.A. officials had continued to press the White House for a firm decision, and that the C.I.A. was never given a direct order not to destroy the tapes.

“They never told us, ‘Hell, no,’” he said. “If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.” [complete article]

Editor’s Comment — Any decent mafia boss knows how to avoid implicating himself in a crime.

OPINION: Torture is inevitably and inextricably bound to tyranny

The president-tyrant
By Scott Horton, Harper’s, December 9, 2007

It is common for people today to question how any leader can be a tyrant who achieves office through popular election, and, indeed, who remains popular. But such talk is foolish and betrays an ignorance of the origins of the term and the historical context of its use. Throughout history, tyrants came to power through means of control and manipulation of popular opinion. This was so familiar a feature to the thinkers of antiquity, that Aristotle charts it as a characteristic of the tyrant. And in the history of the dark, past century, how many little men in search of a balcony came to power on the back of a jubilant and cheering mob? And indeed, no less a man that Thomas Jefferson was quick to remind his fellow citizens of this principle. And it was Jefferson who raised the cry of “tyrant” against the president, when he proceeded in disregard of the constraints of Constitution and law, setting into play a plan of persecution targeting his political opponents and the poor, downtrodden and defenseless immigrants. Jefferson spoke sharply and loudly because the republic was under siege by a popularly elected (and popular) government. He was right to have done so, and he is vindicated by history for it.

The question was whether the president has put himself above the law and assumed powers far beyond those the Constitution measured to him.

And today, America faces precisely this question. We have a president who acts in shameless disregard of the Constitution’s restraints upon his office, and who feels himself above the law, and who constantly seeks to manipulate and mislead the public. How many times just in the last week have we witnessed this? [complete article]

See also, Democratic complicity in Bush’s torture regimen (Glenn Greenwald) and The Democrats and torture (Andrew Sullivan).

NEWS & OPINION: CIA torture cover-up

The scapegoat
By Scott Horton, Harper’s, December 8, 2007

As the story concerning the CIA’s decision to destroy vital evidence of its program of detainee abuse unfolds, the Bush Administration’s posture on the matter is shifting decisively. This is called “damage control.” The Administration’s initial posture was to have CIA Director Hayden put the best face on the situation and argue that everything that was done was perfectly legal and correct.

So now we come to phase two: the fall-back position. In phase two, we learn that the president and other senior figures in the Administration know nothing about it. Instead, this was all a rogue operation by a second tier leadership figure at the CIA. And indeed, by midday yesterday, White House off-the-record explainers were extremely busy pointing fingers at one man, the designated scapegoat. [complete article]

Inquiry begins into tapes’ destruction
By Mark Mazzetti and David Johnston, New York Times, December 9, 2007

The Justice Department and the Central Intelligence Agency’s internal watchdog on Saturday began a joint preliminary inquiry into the spy agency’s destruction of hundreds of hours of videotapes showing interrogations of top operatives of Al Qaeda.

The announcement comes amid new questions about which officials inside the C.I.A. were involved in the decision to destroy the videotapes, which showed severe interrogation methods used on two Qaeda suspects, Abu Zubaydah and Abd al-Rahim al-Nashiri.

The agency operative who ordered the destruction of the tapes in November 2005 was Jose A. Rodriguez Jr., then the chief of the C.I.A.’s national clandestine service, known as the Directorate of Operations until 2005. On Saturday, a government official who had spoken recently with Mr. Rodriguez on the matter said that Mr. Rodriguez told him that he had received approval from lawyers inside the clandestine service to destroy the tapes. [complete article]

Hill briefed on waterboarding in 2002
By Joby Warrick and Dan Eggen, Washington Post, December 9, 2007

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.

Among the techniques described, said two officials present, was waterboarding, a practice that years later would be condemned as torture by Democrats and some Republicans on Capitol Hill. But on that day, no objections were raised. Instead, at least two lawmakers in the room asked the CIA to push harder, two U.S. officials said.

“The briefer was specifically asked if the methods were tough enough,” said a U.S. official who witnessed the exchange. [complete article]

Man held by CIA says he was tortured
By William Glaberson, New York Times, December 9, 2007

The first of the so-called high-value Guantánamo detainees to have seen a lawyer claims he was subjected to “state-sanctioned torture” while in secret C.I.A. prisons, and he has asked for a court order barring the government from destroying evidence of his treatment.

The request, in a filing by his lawyers, was made on Nov. 29, before officials from the Central Intelligence Agency acknowledged that the agency had destroyed videotapes of interrogations of two operatives of Al Qaeda that current and former officials said included the use of harsh techniques.

Lawyers for the detainee, Majid Khan, a former Baltimore resident, released documents in his case on Friday. They claim he “was subjected to an aggressive C.I.A. detention and interrogation program notable for its elaborate planning and ruthless application of torture” to numerous detainees. [complete article]