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Context of 'January 30, 2009: Padilla Attorneys Say High-Level Bush Officials Countenanced Client’s Torture in US Naval Brig'

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An al-Qaeda operations leader gives American al-Qaeda member Jose Padilla (see September-October 2000) an assignment: target high-rise buildings in the US that use natural gas. Padilla and al-Qaeda leaders consider buildings in Florida, Washington, DC, and New York City as potential targets. Though al-Qaeda leaders consider Padilla an incompetent (see Mid-April 2002), they give him $15,000 to begin putting together a plan. [Associated Press, 6/2004] Instead, Padilla will be captured by FBI agents as he comes into Chicago (see May 8, 2002).

Entity Tags: Al-Qaeda, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Not long after being captured, al-Qaeda leader Abu Zubaida identifies Jose Padilla as an al-Qaeda operative to his FBI interrogators (see Late March through Early June, 2002). Padilla is a US citizen, and US intelligence has been monitoring him and some of his associates in Florida for nearly a decade already (see (October 1993-November 2001)). However, the New York Times will allege in 2006: “But Mr. Zubaida dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material” (see Early 2002). [New York Times, 9/10/2006] The US arrests Padilla a short time later, when he returns to the US from an overseas trip on May 8 (see May 8, 2002). One month later, Attorney General John Ashcroft will reveal Padilla’s arrest in a widely publicized announcement, and will further allege that Padilla was actively plotting to detonate a radioactive “dirty bomb” inside the US (see June 10, 2002). However, it appears Zubaida may have been correct that Padilla was wildly overhyped. The US will later drop charges that Padilla was making a “dirty bomb,” planning any attack in the US, and was a member of al-Qaeda. [Knight Ridder, 11/23/2005] Journalist Ron Suskind will comment in 2006, “Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years.” [Salon, 9/7/2006]

Entity Tags: Federal Bureau of Investigation, Jose Padilla, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. [Associated Press, 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla, 6/28/2004]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Jose Padilla

Timeline Tags: Torture of US Captives

In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]

Entity Tags: Frank Rich, Bush administration (43), Coleen Rowley, US Department of Homeland Security, George W. Bush

Timeline Tags: Complete 911 Timeline

In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).

Entity Tags: Jose Padilla, Jay S. Bybee, John Ashcroft, US Department of Justice, Posse Comitatus Act, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]

Entity Tags: Jose Padilla, Donald Rumsfeld, John Ashcroft

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft announces Padilla’s arrest (see June 9, 2002), claiming that “in apprehending [Padilla] as he sought entry into the United States,” the US government has “disrupted an unfolding terrorist plot to attack the United States by exploding a radioactive ‘dirty bomb.’” [CBS News, 6/10/2002] Similarly, President George Bush says: “This guy, Padilla, is a bad guy. And he is where he needs to be—detained,” along with many other “would-be killers” as part of the war on terrorism. And Defense Secretary Donald Rumsfeld too, states that Padilla “was unquestionably involved in terrorist activities.” [CNN, 6/11/2002]

Entity Tags: John Ashcroft, Jose Padilla, Donald Rumsfeld, George W. Bush

Timeline Tags: Torture of US Captives

John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. [CBS News, 7/15/2002; Guardian, 7/15/2002; Associated Press, 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002] The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” [Amnesty International, 10/20/2003] Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” [New Yorker, 5/17/2004] And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” [Mercury News (San Jose), 5/20/2004] Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. [World Socialist Web Site, 10/7/2002] Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” [World Socialist Web Site, 10/7/2002] Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” [Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]

Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command

Timeline Tags: Torture of US Captives, Civil Liberties

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]

Entity Tags: Victoria (“Torie”) Clarke, Kenneth Roth, Alberto Mora, Paul Wolfowitz, Central Intelligence Agency, Jane Dalton, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

An Army dog handler at Abu Ghraib tells military investigators that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), “[S]omeone from [military intelligence] gave me a list of cells, for me to go see, and pretty much have my dog bark at them.… Having the dogs bark at detainees was psychologically breaking them down for interrogation purposes.” Using attack dogs to threaten or harm prisoners is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

Deputy Attorney General James B. Comey Jr. releases a newly declassified Pentagon report that states that al-Qaeda “master planner” Khalid Shaikh Mohammed was “very skeptical” about Jose Padilla’s dirty bomb plan when they met in Pakistan in March 2002, and suggested instead that Padilla bomb apartment buildings through conventional means. Padilla tells US interrogators later that he “proposed the dirty-bomb plot only as a way to get out of Pakistan and avoid combat in Afghanistan, yet save face with Abu Zubaida” (see May 8, 2002). He says he also had “no intention of carrying out the apartment-building operation.” Nevertheless, the release of the Pentagon report is apparently intended to draw attention to Padilla’s high-level al-Qaeda connection in an attempt to influence deliberations by the Supreme Court on the Padilla case. [Newsweek, 6/9/2004] Comey and other government officials admit that Padilla’s alleged confession can never be used as evidence in court, because Padilla made the statements without ever being informed of his legal rights. The government had consistently refused to discuss how Padilla was interrogated, claiming that to make that knowledge public would assist al-Qaeda in preparing countermeasures for other operatives who might be captured in the future. Defense lawyers and civil rights experts believe that the government may have used illegal methods in interrogating Padilla. The criminal charges eventually filed against Padilla will make no mention of the allegations of planning to detonate a radioactive “dirty bomb” or of any plans to blow up apartment buildings. [Newsweek, 2/28/2007] The release of the Pentagon report by the Justice Department is heavily criticized at the time as being an inappropriate interference of the executive with the judiciary branch. [New York Review of Books, 7/15/2004]

Entity Tags: Al-Qaeda, James B. Comey Jr., Abu Zubaida, Jose Padilla, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

In the case of Jose Padilla v. Donald Rumsfeld (see June 9, 2002), the Supreme Court votes 5-4 in favor of the government, declining to rule on the basis of a technicality. The majority argues that Padilla’s petition was incorrectly filed in New York rather than in South Carolina, where he is currently held. While Padilla was held in New York in preparation for an appearance before a grand jury, Defense Secretary Rumsfeld designated him an enemy combatant. Padilla was thereupon transferred to military custody and sent to a naval brig in South Carolina to be detained indefinitely. His lawyer meanwhile, unaware of her client’s transfer, filed a habeas corpus petition in New York against Rumsfeld (see June 11, 2002). This was erroneous, says the majority, which rules that Padilla has to re-file his petition in South Carolina. Four dissenting judges condemn the “secret transfer” of Padilla. Justice John Paul Stevens, writing for the minority, declares, “At stake in this case is nothing less than the essence of a free society.” Stevens also condemns the use of “incommunicado detention for months on end” as a means “to extract information” and places it among the “tools of tyrants.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Therefore, in essence, the majority declines to rule on the merits of the case. [Savage, 2007, pp. 193]

Entity Tags: Jose Padilla, John Paul Stevens, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

The Deputy Staff Judge Advocate for US Central Command (CENTCOM) says that Defense Secretary Donald Rumsfeld’s authorization of torture methods against detainees in US custody (see December 2, 2002) rendered such methods legal for use in Afghanistan. According to the lawyer: “[T]he methodologies approved for [Guantanamo]… would appear to me to be legal interrogation processes. [The secretary of defense] had approved them. The general counsel [Pentagon counsel William J. Haynes] had approved them.… I believe it is fair to say the procedures approved for Guantanamo were legal for Afghanistan.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld, William J. Haynes, US Central Command

Timeline Tags: Torture of US Captives

James Schlesinger.James Schlesinger. [Source: HBO]The four-member Independent Panel to Review Department of Defense Detention Operations completes its final report on its investigations into the prisoner abuses that are known to have taken place in US-run detention centers throughout Iraq and Afghanistan. The investigative panel, which includes James R. Schlesinger, Harold Brown, Tillie K. Fowler, and Gen. Charles A. Horner, finds that a failure of leadership, leading all the way to Defense Secretary Rumsfeld, contributed to the abuse of prisoners. Like the Fay report (see August 25, 2004), to be released the following day, and the February 2004 Taguba report (see March 9, 2004), the Schlesinger report concludes that a lack of oversight and supervision allowed incidents, such as that which occurred at Abu Ghraib, to occur. Unlike preceding investigations, the Schlesinger Panel takes issue with the notion that abuses resulted from the actions of a few bad apples and were not widespread, charging that there is “both institutional and personal responsibility at higher levels.” The panel however does not name names. Notwithstanding their criticisms of the secretary, all four members say that Rumsfeld’s mistakes were comparably less significant than those made by uniformed officers. The panel, appointed by the secretary himself, recommends against removing Rumsfeld from office. [New York Times, 8/25/2004] In sum, the panel finds:
bullet Defense Secretary Rumsfeld and his aides failed to anticipate significant militant resistance to the US invasion and did not respond quickly enough to it when its strength became apparent. [New York Times, 8/25/2004]
bullet The Department of Defense created confusion when it issued, retracted, and then re-issued its policy on interrogation methods. [New York Times, 8/25/2004]
bullet The failure to adequately staff Abu Ghraib contributed to the poor conditions and abuses that took place at the prison. The ratio of military police to prisoners at the facility was 75 to one. [New York Times, 8/25/2004]
bullet Responsibility for the abuses that took place at Abu Ghraib go beyond the handful of MPs present in the photographs. “We found a string of failures that go well beyond an isolated cellblock in Iraq,” panelist Tillie K. Fowler explains during a Pentagon press conference. “We found fundamental failures throughout all levels of command, from the soldiers on the ground to the Central Command and to the Pentagon. These failures of leadership helped to set the conditions which allowed for the abusive practice to take place.” [US Department of Defense, 8/24/2004; New York Times, 8/25/2004]
bullet Rumsfeld’s decision (see December 2, 2002) on December 2, 2002 to authorize 16 pre-approved additional interrogation procedures for use at the Guantanamo facility; his subsequent decision (see January 15, 2003) to rescind that authority, and the final April 16, 2003 decision (see April 16, 2003) providing a final list of approved techniques was “an element contributing to uncertainties in the field as to which techniques were authorized.” The methods on the list eventually “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [New York Times, 8/25/2004]
bullet The panel seemingly concludes that the interrogation methods approved for use in Afghanistan and at Guantanamo are lawful, fully agreeing that the Third Geneva Convention does not apply to detainees considered enemy combatants. The panel does not question whether the military was justified in classifying the detainees, or “terrorists,” as such. “The Panel accepts the proposition that these terrorists are not combatants entitled to the protections of Geneva Convention III. Furthermore, the Panel accepts the conclusion the Geneva Convention IV and the provisions of domestic criminal law are not sufficiently robust and adequate to provide for the appropriate detention of captured terrorists.” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet The panel says that Gen. Ricardo Sanchez’s decision to classify some prisoners in Iraq as enemy combatants was “understandable,” even though Combined Joint Task Force 7 “understood there was no authorization to suspend application of the Geneva Conventions… .” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet Abuses at Abu Ghraib involved both MPs and military intelligence personnel. “We now know these abuses occurred at the hands of both military police and military intelligence personnel,” the report says. “The pictured abuses, unacceptable even in wartime, were not part of authorized interrogations nor were they even directed at intelligence targets. They represent deviant behavior and a failure of military leadership and discipline. However, we do know that some of the egregious abuses at Abu Ghraib which were not photographed did occur during interrogation sessions and that abuses during interrogation sessions occurred elsewhere.… We concur with the Jones/Fay investigation’s (see August 25, 2004) conclusion that military intelligence personnel share responsibility for the abuses at Abu Ghraib with the military police soldiers cited in the Taguba investigation.” [New York Times, 8/25/2004]
bullet In Guantanamo, roughly one-third of all abuses were interrogation related. [New York Times, 8/25/2004]
bullet Contradicting the conclusions of the Red Cross report (see May 7, 2004), the Schlesinger report demonstrates that abuses were widespread. “Abuses of varying severity occurred at differing locations under differing circumstances and context,” the report’s authors write. “They were widespread and, though inflicted on only a small percentage of those detained… .” [New York Times, 8/25/2004]
bullet The abusive practices were not sanctioned by the military’s interrogation policy. “No approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities.” [New York Times, 8/25/2004]
bullet The panelists believe the abuses occurring during the night shift in Cell Block 1 of Abu Ghraib “would have been avoided with proper training, leadership and oversight.” [New York Times, 8/25/2004] Critics will say the report is a “whitewash,” noting that the panel cannot be considered independent given that it was appointed by Rumsfeld himself. Months before the panel completed its work, panelist Tillie Fowler said Rumsfeld should not be blamed for the abuses. “The secretary is an honest, decent, honorable man, who’d never condone this type of activity,” she said referring to the abuse at Abu Ghraib. “This was not a tone set by the secretary.” [New York Times, 6/6/2004]

Entity Tags: James R. Schlesinger, International Committee of the Red Cross, Harold Brown, Charles A. Horner, George R. Fay, Donald Rumsfeld, Tillie K. Fowler

Timeline Tags: Torture of US Captives, Civil Liberties

The Fourth Circuit Court of Appeals rules that President Bush, as commander in chief, can continue to hold Jose Padilla (see June 9, 2002), a US citizen arrested on US soil (see June 8, 2002), indefinitely as an enemy combatant. Padilla is to be treated the same as an American captured on a foreign battlefield (see June 28, 2004). The majority ruling is written by Judge J. Michael Luttig, often thought of as a potential Bush Supreme Court nominee. Luttig rules there is “no difference in principle between [Yaser Esam] Hamdi (see June 28, 2004) and Padilla.” Bush’s “powers include the power to detain identified and committed enemies such as Padilla, who associated with al-Qaeda and the Taliban regime, and who entered the United States for the avowed purpose of further prosecuting [terrorism] by attacking American citizens and targets on our own soil.” Luttig ignores the fact that Padilla has never been charged, much less convicted, of any crime. When the Bush administration later charges Padilla as an ordinary criminal—and does not charge him with with any of the terrorist activities it had long alleged he had committed—many administration critics will conclude that, just as in the Hamdi case, the administration had used inflammatory rhetoric and baseless charges to obtain a judicial decision it wanted (see October 10, 2004). When Luttig learns of the administration’s actions, he will issue a supplementary opinion excoriating the White House (see December 21, 2005). [Savage, 2007, pp. 200]

Entity Tags: Jose Padilla, J. Michael Luttig

Timeline Tags: Civil Liberties

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Judge Marcia Cooke.Judge Marcia Cooke. [Source: Daily Business Review]Federal prosecutors in the Jose Padilla case (see May 8, 2002) say that a video of Padilla’s final interrogation, on March 2, 2004, is inexplicably missing. The video was not part of a packet of DVDs containing classified material turned over to the court handling the Padilla case. Padilla’s lawyers believe that the missing videotape may show Padilla being subjected to “harsh” interrogation techniques that may qualify as torture, and wonder if other potentially exculpatory recordings and documentation of Padilla’s interrogations have also been lost. Padilla’s lawyers say something happened during that last interrogation session on March 2, 2004, at the Navy brig in Charleston, South Carolina, that led Padilla to believe that the lawyers are actually government agents. Padilla no longer trusts them, the lawyers say, and they want to know what happened. Prosecutors say that they cannot find the tape despite an intensive search. “I don’t know what happened to it,” Pentagon attorney James Schmidli said during a recent court hearing. US District Court Judge Marcia Cooke finds the government’s claim hard to believe. “Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?” Cooke told prosecutors at a hearing last month. Padilla, a US citizen, is scheduled to stand trial in April. Padilla’s lawyers want the brig tapes, medical records, and other documentation to prove their claims that Padilla suffers intense post-traumatic stress syndrome from his long isolation and repeated interrogations, though Cooke has ruled that Padilla is competent to stand trial. They believe that he was mistreated and possibly tortured in the Naval brig before being transferred to civilian custody. This missing DVD may not be the only one because brig logs indicate that there were approximately 72 hours of interrogations that either were not recorded, or whose recordings were never disclosed. Prosecutors claim some interrogations were not recorded, but defense lawyers question that, pointing out that there are even videos of Padilla taking showers. [Newsweek, 2/28/2007; Associated Press, 3/9/2007] Statements by then-Deputy Attorney General James Comey in June 2004 indirectly support the defense’s claim that Padilla was subjected to harsh interrogation tactics (see June 2004). Other videotapes that may pertain to the Padilla case have been destroyed by the CIA (see November 22, 2005). Former civil rights litigator Glenn Greenwald writes, “[I]f the administration’s patently unbelievable claim were true—namely, that it did ‘lose’ the video of its interrogation of this Extremely Dangerous International Terrorist—that would, by itself, evidence a reckless ineptitude with American national security so grave that it ought to be a scandal by itself. But the likelihood that the key interrogation video with regard to Padilla’s torture claims was simply ‘lost’ is virtually non-existent. Destruction of relevant evidence in any litigation is grounds for dismissal of the case (or defense) of the party engaged in that behavior. But where, as here, the issues extend far beyond the singular proceeding itself—we are talking about claims by a US citizen that he was tortured by his own government—destruction of evidence of this sort would be obstruction of justice of the most serious magnitude.” [Salon, 3/10/2007]

Entity Tags: Anthony Natale, US Department of Justice, US Department of Defense, Marcia Cooke, Jose Padilla, Al-Qaeda, Glenn Greenwald, James B. Comey Jr., James Schmidli

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Lawyers for alleged enemy combatant Ali Saleh Kahlah al-Marri (see December 12, 2001) file papers with the court asserting that al-Marri was systematically abused by FBI and Defense Intelligence Agency (DIA) interrogators while in military custody. Al-Marri continues to be held in the Naval brig in Charleston, South Carolina (see June 23, 2003). Additionally, al-Marri was told that cabinets full of videotapes of his interrogations exist, according to the legal filings. Al-Marri has been in federal detention, without charge, since 2003. The New York Times has reported that about 50 videotapes of interrogation sessions with al-Marri and fellow detainee Jose Padilla (see May 8, 2002) were recently found by Pentagon officials (see March 13, 2008). DIA spokesman Donald Black admits that one tape shows al-Marri being gagged with duct tape, but says that al-Marri brought that treatment upon himself by chanting loudly and disruptively. One of al-Marri’s lawyers, Jonathan Hafetz, says that the treatment al-Marri has been forced to endure is far worse than anything Black describes—al-Marri, Hafetz says, has been subjected to stress positions, sensory deprivation, and threats of violence or death. “On several occasions, interrogators stuffed Mr. al-Marri’s mouth with cloth and covered his mouth with heavy duct tape,” says the legal filings. “The [duct] tape caused Mr. al-Marri serious pain. One time, when Mr. al-Marri managed to loosen the tape with his mouth, interrogators re-taped his mouth even more tightly. Mr. al-Marri started to choke until a panicked agent from the FBI or Defense Intelligence Agency removed the tape.” [United Press International, 3/13/2008; Washington Post, 3/31/2008]

Entity Tags: Donald Black, Ali Saleh Kahlah al-Marri, Defense Intelligence Agency, Federal Bureau of Investigation, Jonathan Hafetz, Jose Padilla

Timeline Tags: Torture of US Captives

The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” [Congressional Quarterly, 4/4/2008]

Entity Tags: Jose Padilla, Ewe Jacobs, Diane E. Beaver, Central Intelligence Agency, Bush administration (43), American Psychological Association, Jeff Stein, John C. Yoo, Richard (“Dick”) Cheney, US Department of the Army, Jeffrey Kaye, Stephen Miles, RAND Corporation, Michael Caruso, Michael Gelles, Survivors International

Timeline Tags: Torture of US Captives

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site.Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site. [Source: Oath Keepers (.com)]The Oath Keepers, a newly formed far-right “patriot” organization whose membership is restricted to soldiers, police officers, firefighters, and military veterans (see March 2010), is formed at a pro-militia rally in Lexington, Massachusetts, the site of the first battle of the Revolutionary War. It is founded by Army veteran and lawyer Stewart Rhodes, who delivers a fiery speech at the rally. “You need to be alert and aware to the reality of how close we are to having our constitutional republic destroyed,” he tells the assemblage. “Every dictatorship in the history of mankind, whether it is fascist, communist, or whatever, has always set aside normal procedures of due process under times of emergency.… We can’t let that happen here. We need to wake up!” The crowd of listeners includes many well-known “patriot movement” members, including Richard Mack, a former Arizona sheriff who refused to enforce the federal Brady law (see November 30, 1993) in his jurisdiction; Mike Vanderboegh of the “Three Percenter” movement (see October 1995 and After); and others. Rhodes gives the rally his group’s “Orders We Will Not Obey,” a list of 10 orders he considers unconstitutional and therefore unenforceable, whether they are issued by commanding officers, policemen, or the president. When Rhodes finishes, Captain Larry Bailey, a retired Navy SEAL who leads a group called Gathering of Eagles, asks the crowd to raise their right hands and retake their oath—not to the president, but to the Constitution. [Mother Jones, 3/2010]
Posting the 'Orders' - On the Oath Keepers blog, Rhodes posts the “Orders We Will Not Obey” along with an introductory statement culled from the speech given by then-General George Washington before the Battle of Long Island: “The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army.” Rhodes writes: “Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army—and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.” He calls the Oath Keepers “non-partisan,” and issues his list of orders they will refuse to obey, calling these “acts of war” against the American people “and thus acts of treason.” He cites Revolutionary War actions and precedents for each of his 10 statements.
bullet “1. We will NOT obey any order to disarm the American people.” Rhodes explains that this means the government will not attempt to restrain gun ownership in any way, and states his group’s opposition to any bans on assault rifles or any attempts to enforce gun regulation or registration.
bullet “2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects—such as warrantless house-to-house searches for weapons or persons.” Rhodes compares these to the Revolutionary War-era “writs of assistance,” carried out by British soldiers against American colonists without judicial orders. The Constitution proscribes warrantless searches, Rhodes says. “We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people,” he writes, and says Oath Keepers will not follow such orders.
bullet “3. We will NOT obey any order to detain American citizens as ‘unlawful enemy combatants’ or to subject them to trial by military tribunal.” Any such detentions (see June 26, 2002 and June 9, 2002) are unconstitutional, harking back to Revolutionary War-era admiralty courts and the British “star chambers.” Rhodes predicts that the federal government will attempt to detain its own citizens under international law.
bullet “4. We will NOT obey orders to impose martial law or a ‘state of emergency’ on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.” Rhodes fears that “states of emergency” will be declared in the aftermath of a natural disaster such as a hurricane or a massive flood, or perhaps another 9/11-level terror attack, and then used to impose tyranny and martial law on the American populace.
bullet “5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.” As many as 20 individual states have either passed or considered what Rhodes calls “courageous resolutions affirming states rights and sovereignty” that take powers from the federal government and give them over to the states. The federal government may attempt to use force to retake these powers, Rhodes writes, especially if a state attempts to secede or declare itself of equal sovereignty with the federal government.
bullet “6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.” One of Rhodes’s most strongly stated fears is what he believes will be the attempts of the federal government to build concentration camps and detain citizens.
bullet “7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.”
bullet “8. We will NOT obey orders to assist or support the use of any foreign troops on US soil against the American people to ‘keep the peace’ or to ‘maintain control’ during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.” Rhodes believes that the US government may use foreign troops, perhaps under the auspices of the United Nations, to conduct military operations against its own citizenry.
bullet “9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.”
bullet “10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.”
Rhodes concludes: “The above list is not exhaustive but we do consider them to be clear tripwires—they form our ‘line in the sand’—and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.… The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. Help us win it.” [Stewart Rhodes, 3/9/2009] Army spokesman Nathan Banks will remind the members that following through on their Oath Keepers pledge could mean serious repercussions. “You have every right to disobey an order if you think it is illegal,” Banks will say. “But you will face court-martial, and so help you God if you are wrong. Saying something isn’t constitutional isn’t going to fly.”
Associated with Tea Party Movement - After the 2009 rally, Rhodes’s organization will become closely affiliated with the tea party movement; on July 4, 2009, Rhodes will send speakers to administer his organization’s “oath” at over 30 tea party rallies across the nation. He will take part in the September 12, 2009 “9/12” march in Washington, DC (see September 12, 2009), and host rallies in Florida and other states. [Mother Jones, 3/2010]

Entity Tags: Richard Mack, Nathan Banks, Mike Vanderboegh, Oath Keepers, Gathering of Eagles, Larry Bailey, Stewart Rhodes

Timeline Tags: US Domestic Terrorism

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

The Senate Armed Services Committee releases a report showing that CIA and Pentagon officials explored ways to “break” Taliban and al-Qaeda detainees in early 2002, eight months before the Justice Department issued its “golden shield” memo (see August 1, 2002) approving the use of waterboarding and nine other methods of interrogation that most legal observers believe amount to torture. The report, under Pentagon review since before its release, focuses solely on military interrogations, and not on interrogations carried out by CIA officers and contractors; it rejects claims by former Defense Secretary Donald Rumsfeld and other Bush administration officials that Pentagon policies played no role in the torture of prisoners in US custody. Committee chairman Carl Levin (D-MI) says the report shows a direct link between early Bush administration policy decisions and the torture and abuse of detainees. “Senior officials sought out information on, were aware of training in, and authorized the use of abusive interrogation techniques,” Levin says. “Those senior officials bear significant responsibility for creating the legal and operational framework for the abuses. The paper trail on abuse leads to top civilian leaders, and our report connects the dots. This report, in great detail, shows a paper trail going from that authorization” by Rumsfeld “to Guantanamo to Afghanistan and to Iraq.” [Senate Armed Services Committee, 11/20/2008 pdf file; New York Times, 4/21/2009; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009]
Torture Policies Driven from Top - One of the report’s findings is that top Bush administration officials, and not a “few bad apples” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere. Levin says in a statement that the report proves that such claims “were simply false.” He adds that the report is “a condemnation of both the Bush administration’s interrogation policies and of senior administration officials who attempted to shift the blame for abuse—such as that seen at Abu Ghraib, Guantanamo Bay, and Afghanistan—to low-ranking soldiers.” [Senate Armed Services Committee, 11/20/2008 pdf file; Washington Post, 4/22/2009] The report adds details to the material already released that showed Bush officials, particularly those in the Offices of the Vice President and Defense Secretary, pushed for harsher and more brutal interrogation techniques to be used during the run-up to war with Iraq, in hopes that results might prove the link between Iraq and al-Qaeda that administration officials had long touted (see December 11, 2008). Levin says: “I think it’s obvious that the administration was scrambling then to try to find a connection, a link [between al-Qaeda and Iraq]. They made out links where they didn’t exist.” Senior Guantanamo interrogator David Becker confirmed that only “a couple of nebulous links” between al-Qaeda and Iraq were uncovered during interrogations of unidentified detainees. [McClatchy News, 4/21/2009]
Ignored Warnings that Torture Techniques Worthless, Illegal - The report, released in classified form in December 2008 (see December 11, 2008), also documents multiple warnings from legal sources and trained interrogation experts that the techniques could backfire, producing false and erroneous intelligence, and might violate US and international law. One Army lieutenant colonel warned in 2002 that coercion “usually decreases the reliability of the information because the person will say whatever he believes will stop the pain,” according to the Senate report. Another official, after being briefed on plans to use “extreme methods” on detainees, asked, “Wouldn’t that be illegal?” [Senate Armed Services Committee, 11/20/2008 pdf file; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009]
Torture Methods Became Procedures at Detention Sites - Instead of being abandoned, the methods became the basis for harsh interrogations at Guantanamo, Abu Ghraib, Bagram, and other US detention facilities around the world, including the CIA’s so-called “black sites.” [Senate Armed Services Committee, 11/20/2008 pdf file; Washington Post, 4/22/2009]
White House Officials Ignorant of SERE Techniques - The report—261 pages long and with almost 1,800 footnotes—documents how techniques from a US military training program called Survival, Evasion, Resistance, and Escape (SERE) were adapted for use against detainees. SERE trains US soldiers to resist harsh interrogation methods if captured by an enemy that does not observe the Geneva Conventions’ ban on torture. The military’s Joint Personnel Recovery Agency (JRPA) reverse-engineered SERE methods to use against detainees (see December 2001). Other tactics, such as waterboarding, were culled from methods used by Chinese Communists against US soldiers captured during the Korean War (see July 2002). [Senate Armed Services Committee, 11/20/2008 pdf file; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009] According to the report, Bush White House officials seemed unaware of the Chinese Communist origins of the SERE tactics, and were apparently unaware that veteran SERE trainers insisted that the methods were useless for getting reliable information from a prisoner. Moreover, the former military psychologist who recommended that the CIA adopt SERE techniques “had never conducted a real interrogation.” One CIA official called the process “a perfect storm of ignorance and enthusiasm.” Bush administration officials also ignored concerns raised by military legal experts over the efficacy and legality of the techniques (see November 2002).
Torture Policies Directly Responsible for Abu Ghraib Scandal - The Armed Service Committee concludes that the abuses at Abu Ghraib were a direct result of the Bush torture policies. It writes: “The abuses of detainees at Abu Ghraib in late 2003 was not simply the result of a few soldiers acting on their own.… Rumsfeld’s December 2, 2002 authorization of aggressive interrogation techniques and subsequent interrogation policies and plans approved by senior military and civilian officials (see December 2, 2002) conveyed the message that physical pressures and degradation were appropriate treatment for detainees in US custody.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: Carl Levin, Central Intelligence Agency, Senate Armed Services Committee, Donald Rumsfeld, US Department of Defense, Geneva Conventions, Joint Personnel Recovery Agency, Bush administration (43)

Timeline Tags: Torture of US Captives

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