The New York Times reports: Agonizing over torture as an antiterrorism tactic — how to define it and how to punish abusers, if at all — has been central to national security debates since the Sept. 11, 2001, attacks. The issue has received renewed attention in recent months with the release of a Senate committee report describing techniques used by the Central Intelligence Agency against terrorism suspects, practices found by senators to have been high in brutality and low in effectiveness.

A few pivotal questions about war’s excesses come together in the decade-old case of one man, who now has the attention of Retro Report, a series of video documentaries that examine major news stories of the past and their impact today. This man, David A. Passaro, is a former Army Ranger who in 2003 went to work for the C.I.A. in Afghanistan as an independent contractor. His brief tour in that country turned out wretchedly. He ended up being sentenced to more than six years in federal prison for beating an Afghan prisoner who then died at an American military base near the border with Pakistan.

Despite evidence that abuses like those chronicled in the Senate report were far from isolated, Mr. Passaro’s situation was singular. A few dozen members of the military were court-martialed for misconduct like the well-documented humiliations inflicted at Abu Ghraib prison in Iraq. But Mr. Passaro is believed to be the only C.I.A.-connected civilian ever prosecuted for going too far. So rare was his case that, to bring him to trial in this country for actions committed overseas, the Justice Department took the highly unusual step of invoking the Patriot Act, the post-9/11 statute intended principally to thwart would-be terrorists. [Continue reading…]

The New York Times reports on the two psychologists, James Mitchell and Bruce Jessen, who designed and ran the CIA’s torture program: Mr. Mitchell suggested that the C.I.A. also hire Mr. Jessen, a friend and former colleague. In the Air Force, Mr. Jessen had helped screen the instructors who posed as interrogators. Occasionally, he played the interrogator himself, and was once called out by colleagues for being too aggressive. Mr. Jessen did not respond to repeated interview requests.

In Thailand, only Mr. Mitchell and Mr. Jessen were allowed to use the new tactics. For nearly a month, they interrogated Abu Zubaydah, at one point waterboarding him until he lost consciousness. Some C.I.A. officials said they were repulsed by the brutal methods, according to the Senate report, and cables showed that some wanted out of the program. Some officials, in fact, grew to resent the contractors, complaining that they refused to listen to alternatives, the report says. “I would sometimes feel it,” Mr. Mitchell said. “It was nothing ever said to me, but I could feel it sometimes.”

Yet the Senate report shows that Mr. Mitchell and Mr. Jessen prevailed, backed by allies at C.I.A. headquarters, including on the agency’s Bin Laden team and at the Counterterrorism Center, who believed that Abu Zubaydah — and later others — were holding back information. It eventually became difficult to distinguish between the C.I.A. and Mitchell and Jessen Associates, the Spokane, Wash.-based company they formed, according to the Senate report.

In 2005, the C.I.A. awarded the company a contract to provide interrogation services. Mr. Mitchell and Mr. Jessen hired psychologists, interrogators and security personnel as the program spread to secret prisons in Afghanistan, Romania, Poland and Lithuania.

By 2006, contractors made up 73 percent of the people at the C.I.A.’s Renditions and Detention Group, the office in charge of interrogations. The majority were from Mitchell and Jessen Associates, according to the report. Mr. Mitchell said the C.I.A. made it clear that they wanted him to form the company as a way to combat the high turnover. “They wanted to have people who had retired who knew the skills,” he said. In one example, the chief of the C.I.A. division that supervised the interrogation program became the firm’s chief operating officer when he retired.

Mitchell and Jessen Associates had one central purpose, and when President Obama shut down the interrogation program in 2009, it was over. “The company didn’t last after they shut down the program,” Mr. Mitchell said.

The C.I.A. terminated the contract after paying the company $81 million of a contract that could have been worth twice that much. That does not include the money Mr. Mitchell and Mr. Jessen made before 2005, when the C.I.A. paid them a daily rate.

Both men are now retired — Mr. Mitchell to Florida and Mr. Jessen to Spokane, Wash. But both have faced continuing problems from their role in the torture program, and the C.I.A. is obligated to keep paying the legal expenses of Mitchell and Jessen Associates through 2021. [Continue reading…]

Jeff Stein reports: The CIA is hardly the only spy service to grapple with blowback from making prisoners scream. Even leaders of Communist Vietnam’s wartime intelligence agency, notorious for torturing American POWs, privately knew that “enhanced interrogation techniques,” as the CIA calls them, could create more problems than solutions, according to internal Vietnamese documents reviewed by Newsweek.

In many cases, torturing people wrongly suspected of being enemy spies caused “extremely regrettable losses and damage,” says one of the documents, released to little notice in 1993 by Hanoi’s all-powerful Public Security Service (PSS). But unlike the CIA, Vietnam’s security service constantly engaged in Marxist-style “self-criticism” to review its mistakes, particularly those caused by relying on confessions extracted by torture, the recently translated Communist documents show.

The documents were obtained and translated by Christopher E. Goscha, a history professor at the University of Montreal and one of the leading international scholars on Indochina during the French colonial period. He included them in his book, Historical Dictionary of the Indochina War (1945-1954): An International and Interdisciplinary Approach, which was published to little notice in Denmark in 2011. “Torture and intelligence gathering in a time of war are a tricky combination,” he told Newsweek, “and the [Communists’] policing and military intelligence services were no exception to the rule.”

Some of the papers Goscha found delve into intelligence errors dating back to the late 1940s, when Ho Chi Minh — prime minister of the nascent Democratic Republic of Vietnam — and his fellow revolutionaries were in a life-and-death struggle to oust French colonial forces from the country. One document recounts how, in early July 1949, agents from the PSS gathered secretly in an underground three-day conference outside of Saigon and “analyzed the service’s organizational and professional weaknesses, especially those involving the work of arresting and interrogating suspects.”

The main topic: a successful operation by French intelligence that planted a false document inside the organization, which suggested that some of the PSS cadres were double agents.

Four decades later, the Vietnamese agency’s review of the affair, obtained by Goscha, concluded that its counterespionage wing had overreacted and forced false confessions from many innocent people. It describes “waves of arrests…that caused us extremely regrettable losses and damage,” which were the result of “physical violence and torture, forcing people to make statements, putting words in their mouths, and then arresting everyone implicated by the suspects during torture.”

The PSS blamed the excesses on “professional immaturity,” according to the documents. Interrogators were driven by desperation to get quick results and to get ahead. “In almost every case,” the papers said, “there was…a personal motivating factor, because in all cases the erring cadre wanted to achieve a success for his own personal benefit.” [Continue reading…]