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Context of 'April 16, 2009: Blogger Comes Up with Footnote Showing 2005 Memo Proves Interrogators Exceeded Guidelines on Waterboarding'

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Marcy Wheeler, an author and progressive blogger whose research is used by mainstream media to flesh out its coverage of the torture controversy (see April 18, 2009), discovers a footnote in a recently released Justice Department memo (see May 10, 2005 and April 16, 2009) that proves US interrogators sometimes exceeded the restrictions laid down on waterboarding by this and other Justice Department legal opinions. [Marcy Wheeler, 4/17/2009] The memo was dated May 10, 2005 and was issued by Steven Bradbury, then the head of the Justice Department’s Office of Legal Counsel. [Office of Legal Counsel, 5/10/2005 pdf file] Wheeler writes: “In other words, the interrogators were dumping water on [Abu Zubaida]‘s and KSM’s [Khalid Shaikh Mohammed’s] faces and repeating that treatment over and over and over. Without any legal authorization to do so, no matter how bogus.… And note, this is precisely why the torture tapes were destroyed (see March 2, 2009 and March 6, 2009). CIA has admitted that the guys waterboarding Abu Zubaida broke the law. That tape was the irrefutable evidence of who did what.” [Marcy Wheeler, 4/17/2009] She adds: “There’s been a lot of discussion about whether those who did what the OLC memos authorized should be prosecuted. But in the case of those who waterboarded [KSM and Abu Zubaida], that’s irrelevant, because they did things the OLC memos didn’t authorize.” [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Abu Zubaida, Khalid Shaikh Mohammed, US Department of Justice, Central Intelligence Agency, Office of Legal Counsel (DOJ), Steven Bradbury

Timeline Tags: Torture of US Captives

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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