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Within hours of Pittsburgh resident Ashley Todd’s claim that she was attacked by a black Barack Obama supporter whom, she says, carved a “B” (for “Barack”) into her face during the attack (see October 22, 2008), conservative blogs and political Web sites begin an outpouring of enraged and supportive posts and articles supporting Todd and lambasting the Obama campaign and the “liberal media” which, they say, will do its best to cover up the alleged attack. Todd uses her Twitter account, and her connections as a member of the College Republicans and a McCain campaign volunteer, to spread the word about her alleged attack. The photograph of her and her wounds, taken by her friend Dan Garcia and given to police and the College Republicans, is quickly posted on the popular conservative news and gossip site Drudge Report, which calls the attack a “mutilation.” The Drudge article takes the controversy to a national level. (Fuoco, Sherman, and Gurman 10/24/2008; Sargent 10/24/2008; Dupuy 10/24/2008)
Bloggers Respond - Conservative blogger Glenn Reynolds, writing for the popular blog Instapundit, uses the Drudge article for the basis of his own post (repeating the claim that Todd was “mutilated”), and writes, “This is so serious that I predict it will get almost one-tenth as much national coverage as something some guy may have yelled at a Palin rally once.” He repeats a comment from another blog that says, “But, were it a black woman with an ‘M’ carved in her cheek [presumably for ‘McCain’], we’d be getting 24/7 coverage.” (Glenn Reynolds 10/23/2008) Conservative blogger Ed Morrissey, writing for another popular blog, Hot Air, calls the attack a “maiming,” though he does not blame the Obama campaign for it, instead writing that “this particular criminal sounds like he’s a couple of bricks short of a load even for that crowd.” Morrissey initially resists the idea that Todd may be perpetuating a hoax, writing, “Not too many young women would scar their faces just to create a political hoax,” but later admits that Todd lied and calls her a “very, very disturbed young woman.” (Ed Morrissey 10/23/2008) A blogger for College Politico calls the attack “horrifying” and derides bloggers at the liberal Daily Kos for being “unsympathetic,” citing comments that expressed doubts about Todd’s veracity, calling them “deprived” (apparently intending to call them “depraved”) and saying that the Kos bloggers “have absolutely no reason to doubt her.” He goes on to criticize conservative bloggers who also express their doubts about Todd’s story, calls some of the skepticism “idiotic,” and says the fact that the “B” is carved backwards “MEANS ABSOLUTELY NOTHING” (caps in the original). The blogger later posts updates acknowledging that the story is a hoax, and calls Todd “the lowest level of scum.” (College Politico 10/24/2008; College Politico 10/24/2008) A blogger calling himself “Patrick” for the conservative Political Byline posts the picture of Todd and writes, “So, this is what they do to people who support McCain.” In his title, he says Todd’s attacker is “One of Barry’s fans, I’m sure,” referring to Senator Obama, and calls Obama the “Marxist Magic Negro.” Like the others, he eventually acknowledges that the story is a hoax. (Political Byline 10/24/2008)
Malkin Expresses Doubts - One conservative blogger who does not immediately leap on the Todd story is Michelle Malkin. When the story breaks, she writes of her suspicions about the “B” being carved so neatly into Todd’s face, and carved backwards, and how she finds Todd’s initial refusal to accept medical treatment questionable. Before Todd admits to the fraud, Malkin writes: “We have enough low-lifes and thugs in the world running loose and causing campaign chaos and fomenting hatred without having to make them up. I’ve been blowing the whistle on the real, left-wing rage not on the front page and in-your-face tactics throughout the election season. Hate crimes hoaxes—by anyone, of any political persuasion, and of any color—diminish us all.” (Michelle Malkin 10/23/2008)
Presidential Campaigns Respond - The McCain campaign issues a statement denouncing the attack as “sick and disgusting”; the Obama campaign issues a statement deploring the attack and demanding that Todd’s assailant be quickly brought to justice. Both McCain and his running mate, Governor Sarah Palin (R-AK), telephone Todd with expressions of concern and support. The Pennsylvania communications director for the McCain campaign, Peter Feldman, quickly spreads the story, along with the photo of Todd, to reporters around the state, along with what reporter Greg Sargent will call “an incendiary version of the hoax story about the attack on a McCain volunteer well before the facts of the case were known or established.” Apparently Feldman is the person who first tells reporters that the “B” stands for “Barack.” (Sargent 10/24/2008; Dupuy 10/24/2008; Strange 10/25/2008)
Obama Campaign Demands Explanation, Corrections - Todd soon admits that she lied about the attack, and though she claims her memory does not well serve her, says she probably scratched the “B” into her cheek herself (see October 24, 2008). When the national press learns that Todd lied about her attack, the Obama campaign becomes incensed, demanding that the McCain campaign explain why it was pushing a version of the story that was, in Sargent’s words, “far more explosive than the available or confirmed facts permitted at the time.” The Obama campaign also pressures some news outlets, including KDKA-TV and WPXI-TV, to rewrite their reports to remove the inflammatory and “racially charged” information concocted by Feldman, including claims that the alleged attacker told Todd he would “teach [her] a lesson” about supporting McCain, and that the “B” stood for “Barack.” There is no evidence of the national McCain campaign becoming involved in promulgating the falsified Todd story. (Sargent 10/24/2008)
'Okay Obama Frame-Job. ... I'd Give You a 'B' - After the story is exposed as a fraud, many post irate or sarcastic rejoinders on Twitter, using the hash tag ”#litf08” to ensure their viewing on the College Republican Twitter account, “Life in the Field,” where Todd made many of her Twitter posts. A former blogger for the Senate campaign of Christopher Dodd (D-PA), Matt Browner-Hamlin, asks: “Anyone know which Rove protege is responsible for #litf08? Because they lack the execution skills of the man himself.” Browner-Hamlin is referring to former Bush administration campaign manager Karl Rove. Another commenter writes: “Hmm, it was an okay Obama frame-job, just a few inconsistencies snagged you. Overall I’d give you a ‘B.’” And another commenter asks, “Do 50 College Republicans [the description of the ‘Life in the Field’ volunteers] try this kind of stunt often?” College Republicans executive director Ethan Eilon claims his organization “had no idea” Todd “was making this story up.” (Wired News 10/24/2008)
Pittsburgh Councilman Demands Apology from McCain Campaign - The Reverend Ricky Burgess, a Pittsburgh City Council member, will demand an apology from the McCain campaign for deliberately spreading a story it had not confirmed, and for embellishing it to make it even more racially inflammatory. “That one of your campaign spokespersons would spread such an incendiary story before any confirmation of the facts is both irresponsible and runs counter to our nation’s constitutional guarantee that no one be denied life, liberty, or property without due process,” Burgess writes. He demands an apology for “inflaming the divisions of this country,” and later says: “I don’t know why they chose to push this story. But it just seems suspicious to me that they would target this story, which has a fictional African-American person harming a non-African-American person in this city.” A McCain campaign spokesman initially derides Burgess and his source, the progressive news blog TPM Election Central, writing: “The liberal blog post that the councilman cites has no basis in fact. The McCain campaign had no role in this incident. We hope the young woman involved in the incident gets the help that she needs. It’s disappointing that Pittsburgh law enforcement time and resources were wasted by her false allegations.” (WTAE-TV 10/27/2008; Burgess 10/27/2008 pdf file; Burgess 10/27/2008 pdf file)

As reported by progressive media watchdog site Media Matters, many different conservative radio hosts repeat a falsehood about presidential candidate Barack Obama (D-IL) that originates on the Drudge Report. According to the original report, Obama told a radio audience in 2001 that he regretted the US Supreme Court did not pursue “wealth redistribution,” a concept some associate with socialism. Obama did not make such a statement; instead he said during that interview that it was a tragedy the civil rights movement “became so court-focused” in trying to bring about political and social equality. Minneapolis radio host Chris Baker misquotes Obama by claiming that he said “we gotta have economic justice and the Supreme Court ought to weigh in on redistributing wealth.” Baker adds: “Yeah, it’s too bad you kind of stuck with the Constitution as it was. It’s a tragedy that redistribution of wealth was not pursued by the Supreme Court. Can you believe that?” Baker also claims that Obama “wants to use the Supreme Court to reinterpret the Constitution in order to force the redistribution of wealth.” Baker is not the only radio host to repeat the falsehood. Sean Hannity tells his radio audience, referring to the 2001 interview, “Obama actually believes the Constitution is defective because it doesn’t allow judges to redistribute wealth.” He adds: “if he becomes president, [Obama] wants the Supreme Court and other federal courts to literally have the power to spread the wealth around and redistribute the wealth. Those are his words, his voice.” He goes on to say flatly, “Obama is a socialist.” Mark Levin tells his listeners, “what the [Supreme] Court should have done from Obama’s point of view was impose socialism from the bench.” Levin levels another false accusation against Obama: that he wants to reinterpret the 14th Amendment “to compel as a matter of constitutional law, the socialist agenda. In other words, constitutionalize redistribution of wealth.” Radio hosts Michael Savage, Jim Quinn, Brian Sussman, and others reiterate the claims, with Quinn telling listeners: “He just got done telling you that the Constitution’s only half-done. He needs to write the other half—you know, the other half where we decide how much we take from you and give to that guy down the street.” Like many of his colleagues, Sussman plays an edited clip of Obama’s 2001 statement to bolster his claims. (Media Matters 10/28/2008; Media Matters 11/6/2008)

President-elect Obama and his family, acknowledging his election victory. From left: Barack Obama, his daughters Sasha and Malia, and his wife, First Lady-elect Michelle Obama.President-elect Obama and his family, acknowledging his election victory. From left: Barack Obama, his daughters Sasha and Malia, and his wife, First Lady-elect Michelle Obama. [Source: Hollywood Reporter]Senator Barack Obama (D-IL) wins the 2008 election for US president. He replaces President George W. Bush, a Republican. Obama becomes the first African-American president in the history of the US. He defeats Senator John McCain (R-AZ) by a 52 percent to 46 percent margin in the national popular vote, and by a 365-173 margin in the electoral vote. The Democratic Party also increases its lead in the Senate, with a 56-41 margin, and a 255-175 margin in the House of Representatives. Finally, Democrats gain a +1 margin in the nation’s 11 gubernatorial elections. (National Public Radio 11/2008; Sieff 11/5/2008) Obama will begin his four year term as president on January 20, 2009, after a transition period (see January 20-21, 2009).

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. (Keyes et al v. Bowie et al 11/13/2008 pdf file; Unruh 11/14/2008; Sacramento Union 11/15/2008; Greg Doudna 12/9/2008 pdf file) After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” (Sacramento Union 11/15/2008)
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” (Schilling 11/13/2008)
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” (Weigel 7/24/2009) The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. (Neal Krawetz 11/25/2008; Weigel 7/24/2009; Hacker Factor 2011) Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. (Loren Collins 7/7/2009) Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. (Loren Collins 7/29/2009) Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” (Neal Krawetz 11/25/2008)

Responding to speculation that his administration will continue the policies of torture and indefinite detention, President-elect Barack Obama says flatly that he will shut down the Guantanamo detention center as part of his administration’s new policy towards terror suspects. CBS interviewer Steve Kroft asks: “There are a number of different things that you could do early pertaining to executive orders. One of them is to shut down Guantanamo Bay. Another is to change interrogation methods that are used by US troops. Are those things that you plan to take early action on?” Obama responds: “Yes. I have said repeatedly that I intend to close Guantanamo, and I will follow through on that. I have said repeatedly that America doesn’t torture. And I’m gonna make sure that we don’t torture. Those are part and parcel of an effort to regain America’s moral stature in the world.” (Gorman 11/11/2008; CBS News 11/16/2008) Two days into his administration, Obama orders that the Guantanamo detention facility be closed (see January 22, 2009).

Mohamed al-Khatani in September 2009.Mohamed al-Khatani in September 2009. [Source: US Defense Department]Military prosecutors at Guantanamo say they are going to file new war crimes charges against Mohamed al-Khatani, the so-called “20th hijacker” in the 9/11 plot. The senior official in charge of prosecutions at Guantanamo, Susan Crawford, dismissed similar charges against al-Khatani six months before (see May 13, 2008). Military officials now say that even though al-Khatani was originally interrogated using previously approved, then later disapproved, techniques (see August 8, 2002-January 15, 2003 and October 11, 2002), those previous interrogations will not make it impossible to try him. Speculation has been rife that Crawford dismissed the charges against al-Khatani over concerns that he was tortured at Guantanamo. (In 2009, Crawford will verify that al-Khatani was indeed tortured—see January 14, 2009). Colonel Lawrence Morris, the chief prosecutor at Guantanamo, says of al-Khatani, “His conduct is significant enough that he falls into the category of people who ought to be held accountable by being brought to trial.” According to evidence compiled by the 9/11 Commission, al-Khatani was slated to have been one of the “muscle hijackers” (see August 4, 2001). Lieutenant Colonel Bryan Broyles, al-Khatani’s defense lawyer, says new charges filed against his client would be disturbing. “It speaks about the moral bankruptcy of this whole process,” Broyles says, “that there’s nothing we can do to these people that is too much, that there are no consequences for our own misconduct.” (Glaberson 11/18/2008)

Federal Judge Richard Leon rules that the US government has unlawfully held five Algerian men at Guantanamo for nearly seven years (see January 18, 2002). Leon orders their release. Leon rules that the government’s case, based on a slender compilation of classified evidence, was too weak to justify the five men’s continued detention. The government’s case is based on a single “classified document from an unnamed source” for its central claim against the men, and the court has no way to accurately judge its credibility. “To rest on so thin a reed would be inconsistent with this court’s obligation,” Leon writes. He urges the Bush administration not to appeal the ruling, and recommends that they be released “forthwith.” Leon rules that a sixth Algerian, Bensayah Belkacem (see October 8, 2001), is being lawfully detained due to his demonstrable ties with al-Qaeda. The six are among the Guantanamo inmates who won a narrowly decided Supreme Court case recognizing their right to seek redress in the US court system (see June 22, 2008), and include Lakhdar Boumediene, for whom the Court’s ruling was named. Leon, a Republican appointee previously considered sympathetic to the Bush administration’s position on the detention of suspects, urges the government not to appeal his ruling: such an appeal could take as much as two years, and, he notes, “Seven years of waiting for our legal system to give them an answer to a question so important is, in my judgment, more than plenty.” If the government chooses not to appeal, the lawyers for the detainees expect them to be released into Bosnia, where they were arrested in early 2002. The Justice Department calls the ruling “perhaps an understandable consequence of the fact that neither the Supreme Court nor Congress has provided rules on how these habeas corpus cases should proceed in this unprecedented context.” One of the detainees’ lawyers, Robert Kirsch, says the case illustrates “the human cost of what can happen when mistakes are made at the highest levels of our government, and no one has the courage to acknowledge those mistakes.” Other detainee lawyers say the case is a broad repudiation of the Bush administration’s attempts to use the Guantanamo facility to avoid the scrutiny of US judges. Lawyer Zachary Katznelson, a member of the British human rights group Reprieve, says, “The decision by Judge Leon lays bare the scandalous basis on which Guantánamo has been based—slim evidence of dubious quality.” The case was not strengthened by the Bush administration’s pursuit of it: originally the six were charged with planning a bomb attack on the US Embassy in Sarajevo, Bosnia, but in October, Justice Department lawyers abruptly withdrew those accusations. (Glaberson 11/20/2008; McCarthy 11/20/2008) The five will be released the following month (see December 2008).

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” (Alexander 11/30/2008)

Five Algerian detainees are released from Guantanamo after seven years’ imprisonment without charges ever being formally filed against them. They are released after a Supreme Court ruling ordered them granted habeas corpus rights in US courts (see June 22, 2008), and after a federal judge orders their detention to end (see November 20, 2008). The five tell reporters that their time in Guantanamo was hellish. “Nobody can imagine how horrible it was. Even the devil couldn’t have created such a bad, bad place,” says one detainee, computer technician Mustafa Ait Idir. “I was questioned and beaten more than 500 times during those seven years. The guards used to come in groups of six or seven, always using a spray against us first, and then the beatings would start.” Idir says he saw doctors participate in the abuse of prisoners: “I once saw a doctor with a group of guards. The doctor pointed to different places on a body of a prisoner saying ‘hit him here.’ After the beating, there were no visible marks on the body but that man was in such pain he couldn’t move.” Lawyer Stephen Oleskey says his client, Lakhdar Boumediene, had been force-fed through a nasal tube after he went on a seven-month hunger strike. “Twice a day he is strapped onto a chair at seven points,” says Oleskey of his client’s ordeal. “One side of his nose is broken, so they put it [the tube] in the other side… Sometimes it goes to his lung instead of his stomach. He can’t say anything because he has the mask on: that’s torture.” Idir recalls being confined in bare cells, often in complete darkness, others with powerful lights that prevented him from sleeping. (Agence France-Presse 1/22/2009)

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” (Cruz 12/2/2008)
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” (Fox News 12/3/2008)
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. (MSNBC 12/4/2008)

The Malaysian government releases alleged al-Qaeda operative Yazid Sufaat. Malaysian Interior Minister Datuk Seri Syed Hamid Albar announces that Sufaat and five other detained Islamist militants are being freed because “they are no longer a threat and will no longer pose a threat to public order.” Albar adds that Sufaat “has been rehabilitated and can return to society.” Sufaat was arrested in Malaysia in December 2001 (see December 19, 2001). However, he was never tried or even charged. Malaysian law allows suspects to be held for up to two years without charge, and the two year period can be renewed multiple times. But apparently the Malaysian government decided to release him rather than put him on trial or hold him another two years.
Sufaat's History - Sufaat, a Malaysian, received a biological sciences degree in the US in the 1980s. There are allegations that he led al-Qaeda’s effort to get biological and chemical weapons until his arrest (see December 19, 2001). An important al-Qaeda summit was held in his apartment in January 2000; at least two 9/11 hijackers attended (see January 5-8, 2000). Later in 2000, Sufaat hosted al-Qaeda operative Zacarias Moussaoui, and he provided papers that helped Moussaoui get in the US (see September-October 2000).
Concern about Sufaat's Release - Sufaat is supposed to be kept under close observation. However, Newsweek reports that US counterterrorism officials have “expressed doubt that Sufaat has abandoned his radical al-Qaeda views or his desire to attack the United States with biological weapons.” One unnamed official says, “This individual is considered dangerous.” (Hosenball 12/16/2008)

In a speech at the Saban Center for Middle East Policy in Washington, outgoing President Bush discusses his decision to invade Iraq. “It is true, as I have said many times, that Saddam Hussein was not connected to the 9/11 attacks,” he says. “But the decision to remove Saddam from power cannot be viewed in isolation from 9/11. In a world where terrorists armed with box cutters had just killed nearly 3,000 people, America had to decide whether we could tolerate a sworn enemy that acted belligerently, that supported terror, and that intelligence agencies around the world believed had weapons of mass destruction. It was clear to me, to members of both political parties, and to many leaders around the world that after 9/11, this was a risk we could not afford to take. So we went back to the UN Security Council, which unanimously passed Resolution 1441 calling on Saddam Hussein to disclose, disarm, or face serious consequences (see November 8, 2002). With this resolution, we offered Saddam Hussein a final chance to comply with the demands of the world. When he refused to resolve the issue peacefully, we acted with a coalition of nations to protect our people and liberated 25 million Iraqis.” Amanda Terkel, a writer for the liberal website Think Progress, notes that all of Bush’s acknowledgments that Iraq had no connections to 9/11 came after the war began; in the months prior to the invasion, Bush and his top officials strove to create the impression that Hussein had close links to al-Qaeda and the 9/11 planners (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). Terkel writes, “Bush still embraces his pre-war lies, as he admitted in his Saban address today, because without them, the public wouldn’t have supported his case for war.” (Carney 12/5/2008; Terkel 12/5/2008)

Five high-value detainees being held at Guantanamo tell a military tribunal they wish to plead guilty to charges related to the 9/11 attacks, but refuse to enter a guilty plea at this time. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM); Ramzi bin al-Shibh, who helped coordinate the attacks; Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia; and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The plea is not entered at this time, because it is not yet certain bin al-Shibh and al-Hawsawi are mentally competent to stand trial, and KSM says they all want to plead together. The judge, Colonel Stephen Henley, has already ordered a probe into the two men’s mental competence. The five say that they made their decision “without being under any kind of pressure, threat, intimidations, or promise from any party,” although an investigation of potential pressure would have to be conducted before such plea could be accepted. If convicted, the five men would face the death penalty, although four of them, including KSM, have declared a desire to become martyrs. KSM also says he wants to get rid of his military lawyer, who previously served in Iraq. For the first time, the hearing is watched live in the courtroom by nine relatives of people killed in the 9/11 attacks. (BBC 12/8/2008)

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.) (Landay 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.” (Landay 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)

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” (Karl 12/15/2008; Karl 12/15/2008) In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” (Rose 12/16/2008) On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” (Shane 4/22/2008)

The CIA rehires a former officer who previously threatened al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). The officer, a former FBI translator known as “Albert,” is to train other CIA officers at a facility in northern Virginia to handle different scenarios they might face in the field. He continues with the training until 2008 at the latest. However, according to an anonymous US official, he will still be working as an intelligence contractor in 2010. Albert’s rehiring will be revealed by the Associated Press in September 2010. According to the Associated Press, human rights critics say Albert’s return as a contractor raises questions about how the intelligence community deals with those who used unauthorized interrogation methods. “The notion that an individual involved in one of the more notorious episodes of the CIA’s interrogation program is still employed directly or indirectly by the US government is scandalous,” Ben Wizner, an attorney with the American Civil Liberties Union, will comment. (Goldman 9/7/2010)

US Special Forces and the CIA come to an agreement that improves cooperation on overseas operations. CIA Director Leon Panetta and Navy Vice Admiral William McRaven, commander of Joint Special Operations Command, sign a secret agreement that sets out rules for joint CIA-Special Forces missions. This deal will be the basis for dozens of joint operations in the next couple of years in Afghanistan. By the time of the raid on Osama bin Laden’s compound in Pakistan in May 2011 (see May 2, 2011), the CIA and Special Forces will have a good working relationship. (Gorman and Barnes 5/23/2011)

Pentagon press spokesman Geoff Morrell tells journalists that the Defense Department has new numbers documenting the “recidivism” of former Guantanamo detainees now engaged in terror activities. “The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight,” Morrell says. “So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.” (US Department of Defense 1/13/2009)
No Details on Numbers - The Pentagon figure would represent around 11 percent of the roughly 520 detainees released from the facility. National security expert Peter Bergen notes that the recidivism rate for prisoners in the US civilian judicial system is about 65 percent. Morrell defends the report, but refuses to say exactly where the information comes from. Instead, he says: “We don’t make these figures up. They’re not done willy-nilly.” Other Pentagon officials say they will not discuss how the figures were derived because of national security concerns. Morrell says the figures come from the Defense Intelligence Agency, “and they go over this with great care.” (CNN 1/22/2009)
Law Professor: Pentagon Figures 'Egregiously' Wrong - In an exhaustive study of the Pentagon’s records of detainees, Seton Hall University law professor Mark Denbeaux disputes the Pentagon claim, calling it “egregiously” wrong (see January 16, 2009). “Once again, they’ve failed to identify names, numbers, dates, times, places, or acts upon which their report relies,” Denbeaux writes. “Every time they have been required to identify the parties, the DOD [Defense Department] has been forced to retract their false IDs and their numbers. They have included people who have never even set foot in Guantanamo—much less were they released from there. They have counted people as ‘returning to the fight’ for their having written an op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival. The DOD has revised and retracted their internally conflicting definitions, criteria, and their numbers so often that they have ceased to have any meaning—except as an effort to sway public opinion by painting a false portrait of the supposed dangers of these men. Forty-three times they have given numbers—which conflict with each other—all of which are seriously undercut by the DOD statement that ‘they do not track’ former detainees. Rather than making up numbers ‘willy-nilly’ about post release conduct, America might be better served if our government actually kept track of them.” (Seton Hall University 1/15/2009) It is difficult to know exactly how many former Guantanamo detainees have returned to fighting, Denbeaux’s study finds, because of the incredibly poor record-keeping kept on detainees by the Pentagon (see January 20, 2009 ). Some of the detainees identified as recidivists never appeared on the detainee rolls. Some detainees were misidentified by the Pentagon, or identified as more than one person—and subsequently counted as more than one recidivist. Some have been dead for years, or are in the custody of other nations’ judicial systems. The Pentagon counts the so-called “Tipton Three” (see November 28, 2001) as “returning to the fight,” even though their only “terrorist activity” has been their participation in a documentary about unjust imprisonment in Guantanamo. The Pentagon also lists the recently released Uighurs, Chinese Muslims who were found to have no ties whatsoever to Islamic terrorism. One of the released Uighurs wrote a 2006 op-ed column for the New York Times protesting his imprisonment (see September 17, 2006), the extent of his documented “terrorist” actions. (Eddlem 1/27/2009)
Defense Secretary Downplays Report's Significance - Terrorism analyst Peter Bergen notes that many of the Guantanamo detainees were never terrorists at all, but were singled out as terrorists by Afghani villagers who told US authorities that they were members of al-Qaeda, either for personal revenge or for bounty money. Quoting former Defense Secretary Donald Rumsfeld, Bergen says, “We know that a lot of people who were in Guantanamo don’t qualify as being the ‘worst of the worst.’” Bergen says that many of the “suspected” terrorists have done nothing more than publicly make anti-American statements, “something that’s not surprising if you’ve been locked up in a US prison camp for several years.” Defense Secretary Robert Gates, the only holdover from the Bush administration currently serving in President Obama’s cabinet and an advocate for closing the Guantanamo facility, downplays the number of detainees supposedly engaged in terrorism. “It’s not as big a number if you’re talking about 700 or a thousand or however many have been through Guantanamo,” he says. (CNN 1/22/2009)

Sparked by the official confirmation that Guantanamo detainee Mohamed al-Khatani was tortured (see January 14, 2009), Amnesty International calls for the incoming Obama administration and Congress to launch an independent commission of inquiry into human rights violations in the “war on terror.” In a press release, Amnesty International writes: “Torture is a crime under international law. The USA is obliged as a party to the UN Convention against Torture (see October 21, 1994) to investigate ‘wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.’ The same treaty requires it to submit the case to its competent authorities for the purpose of prosecution. The treaty, and international law more generally, precludes the invocation of exceptional circumstances or superior orders as justification for torture. Anyone who has authorized, committed, is complicit, or participated in torture must be brought to justice, no matter their level of office or former level of office. Yet the public acknowledgement that the USA has tortured al-Khatani was not accompanied by any news of efforts to bring those responsible to justice.” Such a government commission “must not be used to block or delay the prosecution of any individual against whom there is already sufficient evidence of wrongdoing. A criminal investigation into the torture of Mohamed al-Khatani is already long overdue.” The incoming president, Barack Obama, has already acknowledged that waterboarding, one of the “harsh interrogation techniques” used against Guantanamo detainees, is torture. “Next week, then, the USA will have a president who considers that torture has been committed by the USA,” Amnesty writes. “He will be under an obligation to ensure full individual and institutional accountability. There must be no safe havens for torturers.” As for al-Khatani, Amnesty believes the US should either release him or try him “in accordance with international fair trial standards in an independent and impartial court—not a military commission. No information obtained under torture, cruel, inhuman or degrading treatment should be admitted in any proceedings, except against the perpetrators of any such treatment as evidence that it occurred.” (Amnesty International 1/14/2009)

Steven Bradbury, the outgoing head of the Justice Department’s Office of Legal Counsel (OLC), issues a legal opinion finding certain earlier opinions from the OLC invalid. Bradbury is referring to several memos issued by former OLC lawyers John Yoo, Jay Bybee, and others after the 9/11 attacks (see March 2, 2009).
'Doubtful Nature' - Bradbury writes that these opinions had not been relied upon since 2003, and notes that it is important to acknowledge in writing “the doubtful nature of these propositions.” The opinions “do not currently reflect, and have not for some years reflected, the views of the” OLC, Bradbury writes, “and on several occasions we have already acknowledged the doubtful nature of these propositions.”
President's Position - One portion of Bradbury’s memo says it is “not sustainable” to argue that the president’s power as commander in chief “precludes Congress from enacting any legislation concerning the detention, interrogation, prosecution, and transfer of enemy combatants.” Bradbury is referring to a 2002 memo that claimed President Bush could order the “rendition” of detainees to other countries without regard to Congressional legislation (see March 13, 2002).
'Novel and Complex Questions' - In repudiating the memos, Bradbury writes that they were the product of Yoo and others confronting what he calls “novel and complex questions in a time of great danger and under extraordinary time pressure.” (US Department of Justice 1/15/2009 pdf file; Lewis 3/2/2009; Mikkelson 3/2/2009)
Response - Yale law professor Jack Balkin later notes that the memo does not repudiate “any of the Bush administration’s specific policies regarding surveillance, detention, and interrogation.” (Jack Balkin 3/3/2009) In 2004, the Justice Department repudiated the so-called “golden shield” memo, written by Yoo and the then-chief counsel for Vice President Cheney, David Addington, which gave US personnel almost unlimited authority to torture prisoners (see August 1, 2002). The New York Times writes that Bradbury’s last-minute memo “appears to have been the Bush lawyers’ last effort to reconcile their views with the wide rejection by legal scholars and some Supreme Court opinions of the sweeping assertions of presidential authority made earlier by the Justice Department.” Walter Dellinger, who headed the OLC during the Clinton administration, says that Bradbury’s memo “disclaiming the opinions of earlier Bush lawyers sets out in blunt detail how irresponsible those earlier opinions were.” Dellinger says it is important to note that the Bush administration’s assertions “that Congress had absolutely no role in these national security issues was contrary to constitutional text, historical practice, and judicial precedent.” (Lewis 3/2/2009) Bradbury, who like Yoo and Bybee may face disbarment, is careful to note that while the legal opinions are invalid, he is not suggesting that the authors did not “satisfy” professional standards. (Smith and Eggen 3/3/2009)

Neal Katyal.Neal Katyal. [Source: PBS]Georgetown law professor Neal Katyal is to be named the Justice Department’s deputy solicitor general. Katyal successfully argued for the defense in the landmark Hamdan v. Rumsfeld trial before the Supreme Court (see June 30, 2006). Legal Times reporter Joe Palazzolo writes, “Katyal’s appointment is another strong signal of President-elect Barack Obama’s intentions to depart sharply from the terrorist detention and interrogation policies of the Bush administration.” The Hamdan case, “which marked Katyal’s first appearance before the high court, was a stinging rebuke to [President Bush’s] broad assertion of wartime power.” Katyal’s boss, Harvard Law School dean Elena Kagan, was named earlier in the month. Katyal was incoming Attorney General Eric Holder’s national security adviser in the Justice Department from 1998 to 1999, when Holder was deputy attorney general for the Clinton administration. Katyal also served as one of the co-counsels for Vice President Gore in the Supreme Court election dispute of December 2000. He once clerked for Supreme Court Justice Stephen Breyer. (Palazzolo 1/17/2009)

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” (Vandeveld 1/18/2009)

Officials for the incoming Obama administration are dismayed to find that the task of closing Guantanamo Bay, one of President Obama’s first orders as president (see January 22, 2009), is going to be much harder than anticipated, because the records and details of the approximately 245 prisoners in custody are in terrific disarray. Obama officials, barred from examining classified records on the detainees until the inauguration, also find that many of the prisoners have no comprehensive case files at all. What information that does exist on the detainees is, according to a senior Obama official, “scattered throughout the executive branch.” Most detainees have little more than a dossier containing brief summaries of information, and lack any sort of background or investigative information that would be required for federal prosecutions. Obama named a Cabinet-level panel to review each case individually before the base is to be closed in a year, and those panel members will now have to spend weeks and perhaps months hunting down and correlating relevant material.
'Food Fights' among Bush Agencies - Officials from the former Bush administration admit that the files are incomplete, and that no single government office was tasked with keeping the information on Guantanamo detainees together. They blame the CIA and other intelligence agencies for not adequately sharing information, and add that the Bush administration’s focus was more on detention and interrogation, and much less on putting together information for future prosecutions. A former Pentagon official says that “regular food fights” between competing government agencies over the sharing of information contributed to the lack of coherent and consistent files. (A CIA official denies that the agency ever balked at sharing information with other governmental agencies, and says the Defense Department was more likely to be responsible for laspes in information.)
Former Bush Officials Say Obama Officials 'Look[ing] for Excuses' - However, other former Bush officials say the Obama team is trying to “look for excuses” instead of dealing with the complexities of the issues involved. Obama officials, after promising quick solutions, are now “backpedaling and trying to buy time” by blaming its predecessor, according to a former senior Bush official. He says that “all but about 60… are either high-level al-Qaeda people responsible for 9/11 or bombings, or were high-level Taliban or al-Qaeda facilitators or money people,” and the Obama administration will come to the same conclusion as Bush officials: that they need to stay in detention without trial or charges.
Files 'Not Comprehensive,' Problem Noted in Previous Judicial Proceedings - But Obama officials say they want to make their own judgments. A senior Obama official says: “The consensus among almost everyone is that the current system is not in our national interest and not sustainable. [But] it’s clear that we can’t clear up this issue overnight” in part because the files “are not comprehensive.” Justice Department lawyers claim that after the Supreme Court ruled detainees have habeas corpus rights (see June 30, 2006), Bush officials were “overwhelmed” by the sudden need to gather and correlate information and material. In one federal filing, the Justice Department told a court that the record for a particular detainee “is not simply a collection of papers sitting in a box at the Defense Department. It is a massive undertaking just to produce the record in this one case.” In another filing, Justice Department officials told a court that “defending these cases requires an intense, inter-agency coordination of efforts. None of the relevant agencies, however, was prepared to handle this volume of habeas cases on an expedited basis.” Some former military officials say that evidence gathered for military commissions trials was scattered and incomplete. One former Guantanamo prosecutor, Darrel Vandeveld, says evidence was “strewn throughout the prosecution offices in desk drawers, bookcases packed with vaguely-labeled plastic containers, or even simply piled on the tops of desks.” He says he once accidentally found “crucial physical evidence” that “had been tossed in a locker located at Guantanamo and promptly forgotten.” (DeYoung and Finn 1/25/2009) Vandeveld says that evidence at Guantanamo was often so disorganized “it was like a stash of documents found in a village in a raid and just put on a plane to the US.” (United Press International 1/14/2009)
Prosecutors Lacked Evidence Necessary for Prosecutions, Says Senior Official - “A prosecutor has an ethical obligation to review all the evidence before making a charging decision,” says Susan Crawford, the convening authority for the military commissions. “And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” Crawford has stated that another detainee was tortured while at Guantanamo (see January 14, 2009). (Weiss 1/14/2009)
Defense Department: Information There, but Scattered - Pentagon spokesman Geoff Morrell says the files are in good order: “Fundamentally, we believe that the individual files on each detainee are comprehensive and sufficiently organized,” however, “in many cases, there will be thousands of pages of documents… which makes a comprehensive assessment a time-consuming endeavor.… Not all the documents are physically located in one place,” but most are available through a database. “The main point here is that there are lots of records, and we are prepared to make them available to anybody who needs to see them as part of this review.” (DeYoung and Finn 1/25/2009)

Former Deputy Secretary of State Richard Armitage, asked if waterboarding is torture, replies, “Absolutely.” Armitage’s interview is broadcast as part of the WNET documentary Torturing Democracy. Armitage, who graduated from the US Naval Academy in 1967 and served in Vietnam, was waterboarded as part of his Survival, Evasion, Resistance, and Escape (SERE) training, which was later used as a platform for developing the Bush administration’s torture policies (see December 2001 and January 2002 and After). He describes his own waterboarding, with physical gestures: “I was put on an incline. My legs were like that and my back went down. I can’t remember if it was a wet T-shirt or a wet towel was put over my nose and mouth, and it was completely soaked. But I could still breathe. And then a question would be asked and I would not answer, and water would slowly be poured in this. And the next time I took a breath, I’d be drawing in water, whether I took it from my mouth or my nose. For me, it was simply a feeling of helplessness.” The interviewer observes: “I’ve talked to a former SERE instructor who was also waterboarded, and he said there’s nothing simulated about it. You think you are drowning.” Armitage replies: “Except in the case that I did realize I was in Northern California, and I did realize the people doing this were actually on my side. But the sensation to me was one of total helplessness, and I’ve had a lot of sensations in my life, but helplessness was not generally one of them. But the sensation was enormously unpleasant and frightening to me.” Would he describe it as torture? Armitage is asked. “Absolutely,” he responds. “No question.” The interviewer then asks, “So how do you explain the recent indecision over whether or not waterboarding is torture?” Armitage responds: “I cannot believe that my nation is having a discussion on what is torture. There is no question in my mind—there’s no question in any reasonable human being, there shouldn’t be, that this is torture. I’m ashamed that we’re even having this discussion.” Armitage says the State Department was deliberately left out of the Bush administration discussions of torture, “I think precisely because we’d have no part of it.” As for the discussions among White House and Justice Department officials over what did and did not constitute torture, Armitage says: “Well, if you were twisting yourselves into knots because you’re fearful that you may be avoiding some war crimes, then you’re probably tripping too closely to the edge. The fact that you want to have a discussion about how to avoid being accused of war crimes would indicate that you’re pretty close to the edge to me.” (Armitage 1/21/2009)

President Barack Obama, in the same sweeping set of executive orders that mandates the closure of the Guantanamo Bay detention facility and orders the closure of the CIA’s secret prisons (see January 22, 2009), orders that the US no longer torture prisoners. And in a broad repudiation of Bush administration policies and legal arguments, Obama’s order nullifies every single legal order and opinion on interrogations issued by any lawyer in the executive branch—including the Department of Justice—since September 11, 2001 (see Shortly After September 11, 2001, Late September 2001, October 23, 2001, Late October 2001, November 6-10, 2001, January 9, 2002, January 25, 2002, and April 2002 and After). “Key components of the secret structure developed under Bush are being swept away,” the Washington Post reports. Obama orders that all interrogations conducted by the CIA and other US officials strictly follow the procedures outlined in the US Army Field Manual. Retired Admiral Dennis Blair, Obama’s nominee to become the director of national intelligence, says that the government may revise the Field Manual to include more coercive interrogation techniques; a commission will be appointed to determine if the Field Manual is adequate. Currently the Field Manual limits interrogators to 19 approved techniques, bans torture, and prohibits harsh questioning techniques in favor of using psychological approaches. “I can say without exception or equivocation that the United States will not torture,” Obama tells a group of listeners at the State Department. “The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals,” he adds. The US will now “observe core standards of conduct, not just when it’s easy, but also when it’s hard.” (Collinson 1/22/2009; Los Angeles Times 1/23/2009; Priest 1/23/2009) Tom Malinowski of Human Rights Watch says that he is certain Obama will not secretly authorize torture. Malinowski says that while Obama might oversee some changes in the Field Manual, he says that Obama will not renege on his promise that detainees would not be tortured or treated inhumanely. (Sevastopulo 1/22/2009)

Retired Brigadier General James Cullen, one of the 16 retired flag officers who joined President Obama in Obama’s signing of his executive order banning torture (see January 22, 2009), calls himself and his fellow officers “flank protection” against any criticism Obama may face for his order. Cullen, who served in the Judge Advocate General’s Corps, once thought that the abuses reported at Abu Ghraib prison were aberrations, the acts of a few individuals and perhaps their commanding officers. “I wanted to believe that,” he says. “Then l began to hear similar reports coming out of Guantanamo and Bagram in Afghanistan. There was a pattern—the sexual humiliation, the abuse. This kind of pattern is not a coincidence.” Cullen pins some of the blame for the torture and abuse of prisoners in American custody on former Vice President Dick Cheney, who said five days after the 9/11 attacks that the US would need more than a conventional military response to 9/11: “We also have to work, though, sort of the dark side, if you will” (see September 16, 2001). Cullen says that for military personnel, Cheney’s remarks were the equivalent of “the dissolute uncle up there winking, telling him he’s got license.” Cullen says that he was not alone in being shocked and appalled at the reports of torture; many of his fellow flag officers felt the same revulsion. “We were muttering to ourselves in the closet,” he says. “We knew this was not the military we left. Especially after the draft ended, people were in the services because they wanted to be—to better themselves and serve their country. A wonderful group of people who are receptive to training.” Cullen was instrumental in bringing retired flag officers together with Human Rights First, a civil advocacy group, to oppose the Bush torture policies. Cullen says that the practice of torture is not only immoral and inhumane, but ineffective. He says that a favorite scenario—the so-called “ticking time bomb,” where a bomb is planted to go off and only the torture of a suspect will provide the information needed to find and defuse the bomb in time to save civilian lives—is baseless. “It’s a false question from a classroom and from television shows like 24,” Cullen says, because an actual terrorist could give misleading information, or because people under intense pressure will say anything, true or false, to make the torture stop. “Another terrorist attack is going to happen. We feel certain of that. It’s not going to be because we ended torture. We will get better intelligence without it. And we keep our values.” (Dwyer 1/23/2009)

White House counsel Greg Craig says that the executive orders given by President Obama in his first days in office, particularly those outlawing torture (see January 22, 2009) and closing Guantanamo (see January 22, 2009) have been in the works for over a year. Craig also notes that Obama has not finished issuing reforms, and has deliberately put off grappling with several of the most thorny legal issues. Craig says that as Obama prepared to issue the orders, he was “very clear in his own mind about what he wanted to accomplish, and what he wanted to leave open for further consultation with experts.”
Process Began before First Presidential Caucus - Craig says that the thinking and discussion behind these orders, and orders which have yet to be issued, began in Iowa in January 2008, before the first presidential caucus. Obama met with former high-ranking military officers who opposed the Bush administration’s legalization of harsh interrogation tactics, including retired four-star generals Dave Maddox and Joseph Hoar. They were sickened at the abuses committed at Abu Ghraib prison, and, as reporter Jane Mayer writes, “disheartened by what they regarded as the illegal and dangerous degradation of military standards.” They had formed what Mayer calls “an unlikely alliance with the legal advocacy group Human Rights First, and had begun lobbying the candidates of both parties to close the loopholes that Bush had opened for torture.” The retired flag officers lectured Obama on the responsibilities of being commander in chief, and warned the candidate that everything he said would be taken as an order by military personnel. As Mayer writes, “Any wiggle room for abusive interrogations, they emphasized, would be construed as permission.” Craig describes the meeting as the beginning of “an education process.”
'Joy' that US is 'Getting Back on Track' - In December 2008, after Obama’s election, the same group of retired flag officers met with Craig and Attorney General-designate Eric Holder. Both Craig and Holder were impressed with arguments made by retired Marine general and conservative Republican Charles Krulak, who argued that ending the Bush administration’s coercive interrogation and detention regime was “right for America and right for the world.” Krulak promised that if the Obama administration would do what he calls “the right thing,” which he acknowledged will not be politically easy, that he would personally “fly cover” for it. Sixteen of those flag officers joined Obama for the signing of the executive order banning torture. After the signing, Obama met with the officers and several administration officials. “It was hugely important to the president to have the input from these military people,” Craig says, “not only because of their proven concern for protecting the American people—they’d dedicated their lives to it—but also because some had their own experience they could speak from.” During that meeting, retired Major General Paul Eaton called torture “the tool of the lazy, the stupid, and the pseudo-tough. It’s also perhaps the greatest recruiting tool that the terrorists have.” Retired Admiral John Hutson said after the meeting that the feeling in the room “was joy, perhaps, that the country was getting back on track.”
Uncertainty at CIA - Some CIA officials are less enthusiastic about Obama’s changes. They insist that their so-called “enhanced interrogation techniques” have provided critical intelligence, and, as Craig says, “They disagree in some respect” with Obama’s position. Many CIA officials wonder if they will be forced to follow the same interrogation rules as the military. Obama has indeed stopped torture, Craig says, but the president “is somewhat sympathetic to the spies’ argument that their mission and circumstances are different.” Craig says that during the campaign, Obama’s legal, intelligence, and national security advisers visited CIA headquarters in Langley for two intensive briefings with current and former intelligence officials. The issue of “enhanced interrogation tactics” was discussed, and the advisers asked the intelligence veterans to perform a cost-benefit analysis of such tactics. Craig says, “There was unanimity among Obama’s expert advisers that to change the practices would not in any material way affect the collection of intelligence.” (Meyer 1/25/2009)

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. (Halloran 1/26/2009)

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” (Yoo 1/29/2009) Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” (Army 9/2006) And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. (Yoo 1/29/2009) In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” (Yoo 1/29/2009)

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. (Byrne 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. (Richey 1/29/2009)

Two senior Bush administration officials reflect on the executive order denying any Geneva Convention protections to Taliban and al-Qaeda detainees (see February 7, 2002). Jack Goldsmith, formerly head of the Office of Legal Counsel (OLC) at the Justice Department, says: “To conclude that the Geneva Conventions don’t apply—it doesn’t follow from that, or at least it shouldn’t, that detainees don’t get certain rights and certain protections. There are all sorts of very, very good policy reasons why they should have been given a rigorous legal regime whereby we could legitimatize their detention. For years there was just a giant hole, a legal hole of minimal protections, minimal law.” Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, recalls: “Based on what the secretary and [State Department legal adviser William] Taft were telling me, I think they both were convinced that they had managed to get the president’s attention with regard to what they thought was the governing document, the Geneva Conventions. I really think it came as a surprise when the February memo was put out. And that memo, of course, was constructed by [Cheney chief counsel David] Addington, and I’m told it was blessed by one or two people in OLC. And then it was given to [Vice President] Cheney, and Cheney gave it to the president. The president signed it.” (Murphy and Purdum 2/2009)

George W. Bush’s former political guru Karl Rove echoes incorrect statements made by former Bush lawyer John Yoo. In an op-ed, Yoo claimed that President Obama’s prohibition against torture, and the mandate for US interrogators to use the Army Field Manual as their guide, prevents interrogators from using long-established, non-invasive techniques to question prisoners (see January 29, 2009). In an address at Loyola Marymount University, Rove tells his listeners: “The Army Field Manual prohibits ‘good cop, bad cop.’ All that stuff you see on CSI—the Army Field Manual prohibits it.… If you stop collecting that information, you begin to make America more at risk.” (Maddaus 2/3/2009) Both Rove and Yoo are wrong. The Army Field Manual explicitly permits many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo and Rove claim it bans. (Army 9/2006)

Two British High Court judges rule against releasing documents describing the torture and abuse of Guantanamo detainee Binyam Mohamed (see May-September, 2001). The judges cite threats from the US government as shaping their decision, saying that the US had threatened to withhold intelligence cooperation from Britain if the information on Mohamed’s treatment were made public.
Confession through Torture, Detainee Alleges - Mohamed is a British resident who was arrested in Pakistan in 2002 (see September 2001 - April 9, 2002). He was initially charged with planning a “dirty bomb” attack in the US (see November 4, 2005); those charges were later dropped (see October-December 2008), but he has allegedly confessed to being an al-Qaeda operative and remains in detention without charges. Mohamed says that the confession was tortured out of him during his detention in secret prisons in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), Morocco (see July 21, 2002 -- January 2004), and Afghanistan (see January-September 2004), and later in Guantanamo. During his incarcerations at these various prisons, he says he was beaten, deprived of sleep, and had his genitals cut with a scalpel. Mohamed’s attorneys argue that he has committed no crime and is a victim of torture and rendition by US officials, with British cooperation (see February 24, 2009). (Jordan 2/5/2009; Chu 2/5/2009)
Judges, Lawmakers 'Dismayed' at US Threats - In their decision, Judges John Thomas and David Lloyd Jones write, “We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence… relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.” (Jordan 2/5/2009) They are dismayed that “there would be made a threat of the gravity of the kind made by the United States government, that it would reconsider its intelligence-sharing relationship” with Britain, one of its closest allies, if the British government made the summary public. (Chu 2/5/2009) They warn that a US withdrawal from intelligence-sharing could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat” remains. Conservative member of parliament David Davis tells the House of Commons, “The government is going to have to do some pretty careful explaining about what’s going on.” It is absolutely inappropriate for the US to have “threatened” the British government, Davis says: “The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our High Court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom.… Frankly, it is none of their business what our courts do.”
Lawyer Objects - Clive Stafford Smith, Mohamed’s attorney, says that by not disclosing the evidence, Britain is guilty of “capitulation to blackmail.… The judges used the word ‘threat’ eight times. That’s a criminal offense right there. That’s called blackmail. Only the Mafia have done that sort of stuff.” Smith continues: “It is hardly Britain’s finest hour. As the judges say, it is up to President Obama to put his money where his mouth is. He must repudiate his predecessor’s reprehensible policy.”
Prime Minister Knows Nothing of Threats - Officials in Prime Minister Gordon Brown’s office say they know nothing of any threats from Obama officials. “We have not engaged with the new administration on the detail of this case,” says a Brown spokesman. But British Foreign Secretary David Miliband notes: “Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence-sharing with any government.” Miliband notes that the British government has made “strenuous efforts” to have Mohamed released (see August 2007). (Bonner 2/4/2009; Jordan 2/5/2009)
ACLU Asks for Clarification - The American Civil Liberties Union (ACLU) has sent a letter to Secretary of State Hillary Clinton, asking that she clarify the Obama administration’s position on the Mohamed case and to reject what it described as the Bush administration’s policy of using false claims of national security to avoid judicial review of controversial programs. According to ACLU head Anthony Romero, “The latest revelation is completely at odds with President Obama’s executive orders that ban torture and end rendition, as well as his promise to restore the rule of law.” State Department spokesman Robert Wood refuses to comment on the judges’ statement, saying, “It’s the first I’ve heard of it.” (Jordan 2/5/2009; Chu 2/5/2009)

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” (US Senate 2/5/2009) Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” (US Senate 2/2/2009) Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” (Khanna 2/9/2009)

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” (Townsend and Harris 2/8/2009)

Ben Wizner, an attorney with the American Civil Liberties Union (ACLU) representing five plaintiffs suing a Boeing subsidiary for participating in their extraordinary rendition and torture (see February 9, 2009, says it is remarkable that the Obama administration is opposing the lawsuit. Wizner notes that the entire claim of “state secrets” advocated by the Justice Deparment in its quest to have the lawsuit thrown out is based on two sworn declarations from former CIA Director Michael Hayden. One was made public and one was filed secretly with the court. In those declarations, Hayden argued that courts cannot become involved in the case because to do so would be to disclose and thus degrade secret CIA programs of rendition and “harsh interrogation.” Wizner notes that President Obama ordered those programs shut down (see January 22, 2009). He says it is difficult to see how the continuation of the lawsuit could jeopardize national security when the government claims to have terminated the programs that are being protected. Salon pundit Glenn Greenwald writes: “What this is clearly about is shielding the US government and Bush officials from any accountability. Worse, by keeping Bush’s secrecy architecture in place, it ensures that any future president—Obama or any other—can continue to operate behind an impenetrable wall of secrecy, with no transparency or accountability even for blatantly criminal acts.” (Greenwald 2/9/2009)

The Justice Department is holding back on publicly releasing an internal department report on the conduct of former department officials involved in approving waterboarding and other torture techniques. The department’s Office of Professional Responsibility (OPR), led by H. Marshall Jarrett, completed the report in the final weeks of the Bush administration. The report probes whether the legal advice given in crucial interrogation memos “was consistent with the professional standards that apply to Department of Justice attorneys.” According to knowledgeable sources, the report harshly criticizes three former department lawyers: John Yoo, Jay Bybee, and Steven Bradbury, all former members of the department’s Office of Legal Counsel. But then-Attorney General Michael Mukasey and his deputy, Mark Filip, objected to the draft. Filip wanted the report to be “balanced” with responses from the three principals. The OPR is now waiting on the three to respond to the draft’s criticisms before presenting the report to Attorney General Eric Holder. “The matter is under review,” says Justice Department spokesman Matthew Miller. The OPR report could be forwarded to state bar associations for possible disciplinary actions against any or all of the three. But Bush-era officials feel the probe is inherently unfair. “OPR is not competent to judge [the opinions by Justice Department attorneys]. They’re not constitutional scholars,” says a former Bush lawyer. Mukasey criticized the report, calling it “second-guessing” and says that Yoo, Bybee, and Bradbury operated under “almost unimaginable pressure” after 9/11, and offered “their best judgment of what the law required.” OPR investigators looked into charges by former OLC chief Jack Goldsmith and others that the legal opinions provided by the three were “sloppy,” legally dubious, and slanted to give Bush administration officials what they wanted. (Isikoff 2/14/2009; Isikoff 2/16/2009) Some of the report is later leaked to the press (see February 22, 2009).

Secretary of State Hillary Clinton says she is not sure whether North Korea actually has a secret program to enrich uranium, as the Bush administration had long claimed. She adds that she intends to persuade Pyongyang to give up the weapons-grade plutonium it does possess. “There is a debate within the intelligence community as to exactly the extent of the highly-enriched-uranium program,” she says. “My goal is the denuclearization of North Korea,” she continues. “That means a verifiably complete accounting of whatever programs they have and the removal of the reprocessed plutonium that they were able to achieve because they were given the opportunity to do so.… When they move forward” on ending the program, “we have a great openness to working with them, [and] a willingness to help the people of North Korea.”
Broadening Focus Beyond Uranium Possession - The claim of the uranium program led to the Bush administration’s rejection of the 1994 agreement that kept the North Korean nuclear weapons program in check (see October 21, 1994), she says: “The Agreed Framework was torn up on the basis of the concerns about the highly-enriched-uranium program. There is no debate that, once the Agreed Framework was torn up, the North Koreans began to reprocess plutonium with a vengeance because all bets were off. The result is they now have nuclear weapons, which they did not have before.” When the Bush administration withdrew from the Agreed Framework (see October 20, 2002), Clinton says, North Korea restarted its plutonium-based reactor at Yongbyon and now has enough material for at least a half-dozen nuclear weapons. A 2006 nuclear test by the North Koreans prompted Bush officials to reopen negotiations and eventually craft a new agreement remarkably similar to the Agreed Framework (see February 8, 2007 and After). Most Asian nations are expected to welcome Clinton’s new position on the uranium issue, as they thought the Bush administration had put too much emphasis on North Korea’s uranium possession. (Kessler 2/15/2009) Clinton also warns North Korea not to test-fire a long-range ballistic missile (see February 15, 2009).
'Old Wine in a New Bottle' - The senior editorial writer for South Korea’s Hankyoreh newspaper, Jungsoo Jang, calls the Clinton proposal little more than “old wine in a new bottle,” writing: “Of course, the side by side denuclearization and normalization plan elucidated by Clinton clearly does represent a considerable change from the Bush administration, which focused on a schematic view of denuclearization first, normalization second. But Clinton’s solution does have limitations, in that normalization of North Korea-US relations cannot be pursued as long as prior issues such as total abolition of nuclear weapons and suspicions about enriched uranium are not neatly resolved.” Jang says that a conflict between a more conservative camp and a more progressive camp in the Obama State Department is currently being won by the conservatives, who favor an emphasis on US-Japanese relations and a more direct, confrontational approach to dealing with North Korea’s nuclear program. (Jang 2/16/2009)

Jonathan Hafetz of the American Civil Liberties Union calls the case of alleged al-Qaeda detainee Ali Saleh Kahlah al-Marri (see June 23, 2003) a key test of “the most far-reaching use of detention powers” ever asserted by the executive branch. Al-Marri has spent five years incarcerated in the Charleston Naval Brig without being charged with a crime. “If President Obama is serious about restoring the rule of law in America, they can’t defend what’s been done to Marri. They would be completely buying into the Bush administration’s war on terror,” he says. Hafetz, who is scheduled to represent al-Marri before the Supreme Court in April, compares the Bush administration’s decision to leave al-Marri in isolation to his client’s being stranded on a desert island. “It’s a Robinson Crusoe-like situation,” he adds. Hafetz says that among the issues to be decided is “the question of who is a soldier, and who is a civilian.” He continues: “Is the fight against terrorism war, or is it not war? How far does the battlefield extend? In the past, they treated Peoria as a battlefield. Can an American be arrested in his own home and jailed indefinitely, on the say-so of the president?” Hafetz wants the Court to declare indefinite detention by executive fiat illegal. He also hopes President Obama will withdraw al-Marri’s designation as an enemy combatant and reclassify him as a civilian; such a move would allow al-Marri to either be charged with crimes and prosecuted, or released entirely. Civil liberties and other groups on both sides of the political divide have combined to file 18 amicus briefs with the Court, all on al-Marri’s behalf. The al-Marri decision will almost certainly impact the legal principles governing the disposal of the approximately 240 detainees still being held at Guantanamo.
Opinion of Former Bush Administration Officials - Former Bush State Department counsel John Bellinger says of his counterparts in the Obama administration: “They will have to either put up or shut up. Do they maintain the Bush administration position, and keep holding [al-]Marri as an enemy combatant? They have to come up with a legal theory.” He says that Obama officials will find it more difficult to put their ideals into action: “Governing is different from campaigning,” he notes, and adds that Obama officials will soon learn that “they can’t just set the clocks back eight years, and try every terror suspect captured abroad in the federal courts.” Former Attorney General John Ashcroft calls keeping al-Marri and other “enemy combatants” locked away without charges or trials a “sound decision” to “maximize the national interest,” and says that in the end, Obama’s approach will be much like Bush’s. “How will he be different?” he asks. “The main difference is going to be that he spells his name ‘O-b-a-m-a,’ not ‘B-u-s-h.’”
Current Administration's Opinion - Obama spokesman Larry Craig sums up the issue: “One way we’ve looked at this is that we own the solution. We don’t own the problem—it was created by the previous administration. But we’ll be held accountable for how we handle this.” (Mayer 2/23/2009)

Former 9/11 Commission executive director Philip Zelikow (see Shortly Before January 27, 2003), a former adviser to then-Secretary of State Condoleezza Rice (see February 28, 2005), calls for the US to launch a military strike against North Korea in order to remove that nation’s nuclear weapons capability. Zelikow dismisses Secretary of State Hillary Clinton’s reservations about North Korea’s nuclear program (see February 15, 2009) and writes, “To accept the combination of nuclear weapons and IRBMs or ICBMs in the hands of North Korea is a gamble, betting on deterrence of one of the least well understood governments on earth, in a country now undergoing high levels of internal stress.” Zelikow refers directly to the 2006 call from two former Defense Department officials, Ashton Carter and William Perry, for a military strike against North Korea’s nuclear weapons program (see June 22, 2006), and writes that at the time he believed the call for military action was “premature.” Now, however, “political predicate for the Carter-Perry recommendations has been well laid.” Zelikow recommends that the Obama administration issue the requisite warnings to dismantle the nuclear weapons, and if North Korea refuses to heed the warnings, the US should destroy them. (Zelikow 2/17/2009; Zenko 10/22/2010)

In the case of Kiyemba v Obama the Court of Appeals for the District of Columbia Circuit unanimously blocks a judge’s order to free 17 Chinese Uighurs (see September 17, 2006 and June 30, 2008) from detention in Guantanamo. (Glaberson 2/18/2009; Constitution Project 2/18/2009)
Not a Threat to the US - The Uighurs, members of a small Muslim ethnic and religious minority, have been in detention for seven years after being captured in Pakistan; they insist they were receiving training to resist Chinese oppression, and never harbored any ill will towards the US or had any intention of participating in attacks on US or US-allied targets. Judge Ricardo Urbina concurred in an October ruling. Even Bush officials had decided not to try to prove the 17 men were “enemy combatants”; instead, they said that they would continue imprisoning them because they had “trained for armed insurrection against their home country” in a Uighur camp in Afghanistan. The Obama administration can choose to release the Uighurs if it can find a country—the US or another nation—to accept the detainees for resettlement. Obama officials do not want to turn the Uighurs over to Chinese authorities for fear that they will be imprisoned and tortured.
Two Rulings, One on Release, One on Habeas Corpus - All three appellate judges agree to overturn Urbina’s order to release the Uighurs, but split 2-1 on a separate question: whether detainees such as the Uighurs have habeas corpus rights to challenge their detention. Two, Judges Arthur Randolph and Karen Henderson, say that the law, as decided by the Supreme Court in the June 2008 Boumediene v Bush case (see June 22, 2008), does not give judges the right to release detainees into the US. “Never in the history of habeas corpus,” the majority opinion finds, “has any court thought it had the power to order an alien held overseas brought into the sovereign territory of a nation and released into the general population.” Judge Judith Rogers dissents, writing that the ruling “ignores the very purpose” of the writ of habeas corpus, which is, she writes, to serve as “a check on arbitrary executive power.” If the court has no legal right to release the Uighurs into the US, Rogers writes, the Boumediene ruling has no meaning. A lawyer for the Uighurs, Susan Baker Manning, says the ruling means innocent people “can spend the rest of their lives in prison even though the US knows it’s a mistake.” (Glaberson 2/18/2009)
Civil Rights Organization 'Disappointed' in Ruling, Calls for Release - Sharon Bradford Franklin of the Constitution Project, a civil rights organization, writes: “We are disappointed by today’s DC Circuit ruling that denies freedom to the 17 men whom the government admits are not ‘enemy combatants’ and yet continues to hold at Guantanamo for a seventh year. President Obama should exercise his power to release the Uighurs into the US. The appellate court’s ruling that the trial court lacked the power to compel the executive branch to release the Uighurs into the United States in no way limits the ability of the executive branch to release the Uighurs on its own. We therefore call on President Obama to choose the right course and evaluate the terms under which the Uighurs may be released into the United States. The writ of habeas corpus is a fundamental constitutional right. For habeas corpus to have meaning, it must permit a court to end wrongful detentions. We regret that today’s decision failed to recognize the court’s ability to check arbitrary detention, such as that suffered by the Uighurs.” (Constitution Project 2/18/2009)

CNBC stock analyst Rick Santelli’s “impromptu” on-air “rant” against President Obama’s economic stimulus program, in which Santelli calls for a “tea party” protest and tells viewers he intends to begin organizing a “Chicago Tea Party,” galvanizes nascent “tea party” groups around the nation. Chicago radio producer Zack Christenson has already registered the Internet domain “chicagoteaparty.com” (see August 2008), and hours after Santelli’s rant Christenson puts up a “homemade” tea party Web site. A Chicago Libertarian activist, Eric Odom (see After November 7, 2008), puts up a similar site at “officialchicagoteaparty.com.” The next day, the short-lived “Nationwide Tea Party Coalition” forms. At the same time, a new Facebook group, “Rick Santelli is right, we need a Taxpayer (Chicago) Tea Party,” is created by Phil Kerpen of Americans for Prosperity, and is administered by Odom. The Facebook page leads back to a site called “taxpayerteaparty.com,” run by Americans for Prosperity. Simultaneously, Brendan Steinhauser, the campaign director of FreedomWorks (see March 2, 2009) and another administrator of the Facebook group, begins organizing “tea party” groups—or actually continues his efforts, since on February 9, 10 days before Santelli’s broadcast, he had contacted a Florida activist who had attended a FreedomWorks training session and asked her to organize a protest in Fort Myers. Steinhauser later writes that the day after Santelli’s broadcast: “I just wrote this little 10 quick easy steps to hold your own tea party, wrote it up, and kinda was proud of it and sent it to Michelle Malkin. She linked to it from her blog.” Malkin’s blog is overwhelmed by the response. FreedomWorks staffers call activists around the country asking them to organize “grassroots” tea party organizations, and on March 9, FreedomWorks announces a nationwide “Tea Party Tour,” saying in a statement, “From [Santelli’s] desperate rallying cry FreedomWorks has tapped into the outrage building from within our own membership as well as allied conservative grassroots forces to organize a 25-city Tea Party Tour where taxpayers angry that their hard-earned money is being usurped by the government for irresponsible bailouts, can show President Obama and Congressional Democrats that their push towards outright socialism will not stand.” By February 27, the first official “tea party” events take place, organized by the Sam Adams Alliance, FreedomWorks, and Americans for Prosperity. Many of the original organizations will eventually be subsumed by, or merge with, national structures, again primarily organized and funded by FreedomWorks, Americans for Prosperity, and other right-wing lobbying organizations. Eventually, six nationwide networks will form (see August 24, 2010). (Hamsher 4/15/2009; Burghart and Zeskind 8/24/2010) During this period, conservative media outlets such as the Weekly Standard will claim that the tea party movement was entirely spontaneous in its origins (see March 2, 2009). However, facts stand in the way of that claim (see February 15, 2009, February 16, 2009, February 17, 2009, February 18, 2009, March 13, 2009 and After, April 2009 and After, April 6-13, 2009, April 8, 2009, April 14, 2009, April 15, 2009, April 16, 2009, July 23, 2009, July 24, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 28, 2009, July 3-4, 2010, August 30, 2010, and September 20, 2010).

Fox News talk show host Glenn Beck has a special segment called “War Games” during the week’s broadcasts. In today’s show, he is joined by former CIA analyst Michael Scheuer (see February 1996) and retired Army Sergeant Major, Tim Strong. The three discuss what they say is the upcoming “civil war” in America, which, they assert, will be led by “citizen militias” made up of principled, ideologically correct conservatives. Beck says that he “believes we’re on this road.” The three decide among themselves that the US military would refuse to obey President Obama’s orders to subdue the insurrection and would instead join with “the people” in “defending the Constitution” against the government. (Greenwald 2/22/2009) Conservative commentator Michelle Malkin’s blog “Hot Air” features an entry that calls Beck’s rhetoric “implausible” and “nutty.” (Hot Air 2/22/2009)

Retired Major General Anthony Taguba, who headed an intensive military investigation into the abuses at Abu Ghraib prison (see March 9, 2004), is one of the most prominent supporters of the call to investigate the Bush administration’s interrogation, detention, and torture policies. Taguba joins 18 human rights organizations, former State Department officials, former law enforcement officers, and former military leaders in asking President Obama to create a non-partisan commission to investigate those abuses. Even though prosecuting former Bush officials might be difficult, Taguba says, a commission would provide some measure of accountability for the practices Taguba calls “misguided,” “illegal,” “despicable and questionable.” Taguba wants the commission to study the Bush administration’s claims that torture provides good intelligence, which he disputes. He particularly wants the commission to investigate administration officials’ claims that the administration’s policies were legal. Taguba says he supports “a structured commission with some form of authority with clear objectives and a follow-on action plan. I’m not looking for anything that is prosecutorial in nature, unless a suspected violation of relevant laws occurred, which should be referred to the Department of Justice.… In my opinion, our military prosecuted those who were involved in torture or unlawful interrogation. And I think our military has come to terms with that. We are an institution that prides itself on taking corrective action immediately, admitting to it, and holding ourselves accountable. And we have done that. But I am not so sure that our civilian authorities in government have done that for themselves.” Speaking about the Bush Justice Department’s findings that torture and indefinite detentions are legal (see Late September 2001, November 11-13, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002), Taguba says: “This notion that a lot of constitutional legal experts—lawyers with great intellect, well educated—came up with such despicable and questionable legal findings that were contrary to the definition of defending the Constitution? And then they framed this as if the executive branch had the authority to extend beyond the constitution to establish a policy of torture and illegal detention?… Some of those that were tortured were innocent. How do we come to terms with those that were cruelly mistreated and were innocent, never charged, were illegally detained, and never compensated for their suffering? This is not a political issue, but a moral and ethical dilemma which has far-reaching implications.” (Benjamin 2/21/2009)

A Justice Department investigation finds that the legal work done by John Yoo and two other former Justice lawyers for the Bush administration was unacceptably deficient. Opinions written by Yoo, his former boss Jay Bybee of the Office of Legal Counsel (OLC), and Bybee’s successor, Steven Bradbury, often ignored legal precedent and existing case law as they took extralegal stances on a number of controversial issues, including torture and domestic surveillance. Many of the opinions, including the August 2002 “Golden Shield” memo (see August 1, 2002), were written specifically to authorize illegal acts such as waterboarding that had already taken place, in an apparent attempt to provide the Bush administration with retroactive legal “cover.” The investigation finds that in that memo, Yoo ignored the landmark 1952 Youngstown Supreme Court ruling (see June 2, 1952) that restricts presidential authority. The investigation also finds that in the March 2003 memo authorizing the military to ignore the law in using extreme methods in interrogating suspected terrorists (see March 14, 2003), Yoo ignored the advice of military lawyers and Justice Department officials who warned that the memo contained major legal flaws. In this and others of Yoo’s torture memos, the investigation finds that he went well beyond the legal bounds of interrogation methods, failed to cite legal cases that might have undercut the Bush administration’s claims of broad new war powers, and refused to rewrite his opinions in light of these caveats. And, the investigation finds, Yoo often went over the head of Attorney General John Ashcroft and dealt directly with the White House, particularly with White House lawyers David Addington and Alberto Gonzales. The investigation was headed by H. Marshall Jarrett, the head of the Justice Department’s Office of Professional Responsibility (OPR), and has been in operation since 2004, following the Abu Ghraib torture scandal and the leak of one of Yoo’s “torture memos.” It is unclear whether the final OPR report will find that the actions of the former OLC lawyers rose to the level of “professional misconduct.” The report is being reviewed by Attorney General Eric Holder and other Justice Department officials. A draft was actually completed last year, and a copy was supposed to be given to Senators Richard Durbin (R-IL) and Sheldon Whitehouse (D-RI), but then-Attorney General Michael Mukasey repeatedly blocked the report’s release in order to give Yoo, Bybee, and Bradbury time to prepare their responses. Durbin and Whitehouse have asked Jarrett to explain the delay in the report’s release. (Leopold 2/22/2009)

Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. (Norton-Taylor 2/24/2009; Rose 3/8/2009)
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” (Johnson 2/24/2009)
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. (Rose 3/8/2009)
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” (Rose 3/8/2009)
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). (Norton-Taylor 2/24/2009) Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” (Johnson 2/24/2009)
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” (Rose 3/8/2009)

Attorney General Eric Holder confirms the Obama administration’s plans to close the Guantanamo Bay detention facility (see November 16, 2008 and January 22, 2009), but calls it a well-run, professional institution. Closing Guantanamo “will not be an easy process,” Holder says after visiting the site. “It’s one we will do in a way that ensures that people are treated fairly and that the American people are kept safe.” Holder leads the administration’s effort to close the facility within a year. Most of that time will be spent reviewing the case files and histories of the 245 inmates currently incarcerated there: “It’s going to take us a good portion of that time to look at all of the files that we have to examine, until we get our hands around what Guantanamo is, and also what Guantanamo was,” he says. Senator James Inhofe (R-OK), an outspoken advocate of keeping Guantanamo open (see February 5, 2009), says he is encouraged by Holder’s remarks. “I believe as more time goes by there is a chance the administration will grow to realize that we need Gitmo and must keep it open,” he says. “More time will allow facts to replace political rhetoric.” Inhofe is promoting legislation that will bar any Guantanamo detainees from coming to the US. (Barrett 2/25/2009)

Federal prosecutors charge Ali Saleh Kahlah al-Marri, the only “enemy combatant” held on US soil (see June 23, 2003), with criminal terrorism charges. Al-Marri is charged with two counts of providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda, according to a press release from the Justice Department. He faces a maximum jail sentence of 30 years. US Attorney Rodger Heaton says: “The indictment alleges that Ali al-Marri provided material support to al-Qaeda, which has committed horrific terrorist acts against our nation. As a result, he will now face the US criminal justice system, where his guilt or innocence will be determined by a jury in open court.” Such a decision takes al-Marri out of the military commissions system and places him in the US criminal judicial system. The American Civil Liberties Union (ACLU) is representing al-Marri’s Supreme Court challenge to the “enemy combatant” designation, but criminal charges will not necessarily resolve that issue. Part of the discussion of whether to charge al-Marri centered on the evidence against him: al-Marri’s lawyers claim that much of the evidence against their client was obtained through harsh interrogation techniques and torture, which would render that evidence inadmissible in a US court. Some of the evidence may also be too sensitive to reveal in open court, having been gathered through classified intelligence operations. Lead counsel Jonathan Hafetz says: “[T]he decision to charge al-Marri is an important step in restoring the rule of law and is what should have happened seven years ago when he was first arrested (see February 8, 2002). But it is vital that the Supreme Court case go forward because it must be made clear once and for all that indefinite military detention of persons arrested in the US is illegal and that this will never happen again.” Amnesty International’s Geneve Mantri calls the decision to charge al-Marri “another crucial step in the right direction,” and adds: “If there are individuals who pose a real threat to the United States, the best, most effective means of dealing with them is the current system of justice. There are a number of outstanding questions about how the detainee cases will be reviewed and what the approach of the new administration will be, but Amnesty International welcomes this as an indication that they have faith in the US justice system and rule of law.” (US Department of Justice 2/27/2009; Johnson and Tate 2/27/2009; American Civil Liberties Union 2/27/2009) The ACLU wants the Supreme Court to ignore the criminal charges and rule on al-Marri’s petition for habeas corpus rights; the Justice Department says that the criminal charges render al-Marri’s lawsuit moot. (Lyle Denniston 2/26/2007)

In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). (Re: ACLU et al v. Department of Defense et al 3/2/2009 pdf file) The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. (Roth 3/6/2009; American Civil Liberties Union 3/6/2009) The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. (Johnson and Warrick 3/3/2009)

Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” (Horton 3/3/2009)

Shahab Dashti, left, in a 2009 militant propaganda video.Shahab Dashti, left, in a 2009 militant propaganda video. [Source: Public domain via Der Spiegel]Naamen Meziche, an apparent member of the al-Qaeda Hamburg cell with a few of the 9/11 hijackers, leaves Germany to attend an al-Qaeda training camp in Pakistan. Meziche, a French citizen of Algerian descent, and a longtime resident of Hamburg, Germany, has been under investigation since shortly after 9/11 for his links to some of the 9/11 plotters and al-Qaeda operative Zacarias Moussaoui (see September 5, 2001 and Shortly After September 11, 2001-March 5, 2009). German intelligence has investigated him for years, but has never discovered enough evidence to charge him with any crime (see Shortly After September 11, 2001-March 5, 2009). It is unclear if he is still being monitored when he now leaves Germany. Before leaving, he told his wife that he was going on the Hajj pilgrimage to Mecca, Saudi Arabia. He leaves with a group of Islamist militants, including Ahmad Sidiqi and Shahab Dashti, whom he will train with in Pakistan. (Stark and Gebauer 10/11/2010) Meziche will be killed in a US drone strike in Pakistan in 2010 (see October 5, 2010).

Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. (Leopold 3/6/2009)

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. (Sharrock 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. (Sharrock 3/2010)

9/12 Project logo.9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” (Media Matters 3/13/2009; Media Matters 9/11/2009) Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. (SaveTheRich (.com) 4/17/2009; Media Matters 9/11/2009)

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. (Hederman 3/15/2009 pdf file; Danner 3/15/2009) Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” (Danner 3/15/2009)

Lawrence Wilkerson, who served as former Secretary of State Colin Powell’s chief of staff and now chairs the New America Foundation/US-Cuba 21st Century Policy Initiative, writes an op-ed titled “Some Truths about Guantanamo Bay” for the Washington Note. Wilkerson explains why he believes so many people were captured and so many of those were tortured, for so little gain, and in the process covers several other issues regarding the Bush administration.
Handling of Terror Suspects - Wilkerson writes that the entire process of capturing, detaining, and processing suspected Islamist militants was marked by incompetence and a casual, improvisational approach. Most of the “suspects” captured during the first weeks and months of the Afghanistan invasion (see October 7, 2001) were merely picked up in sweeps, or bought from corrupt regional warlords, and transported wholesale to a variety of US bases and military camps, and then sent to Guantanamo, mostly in response to then-Defense Secretary Rumsfeld’s exhortation to “just get the b_stards to the interrogators.” Wilkerson blames the civilian leadership, for failing to provide the necessary information and guidance to make sensible, informed decisions about who should and should not have been considered either terror suspects or potential sources of information. When detainees were found not to have had any ties to Islamist radical groups, nor had any real intelligence value, they were kept at Guantanamo instead of being released. Wilkerson writes that “to have admitted this reality would have been a black mark on their leadership from virtually day one of the so-called Global War on Terror and these leaders already had black marks enough.… They were not about to admit to their further errors at Guantanamo Bay. Better to claim that everyone there was a hardcore terrorist, was of enduring intelligence value, and would return to jihad if released.” He writes that State Department attempts to rectify the situation “from almost day one” experienced almost no success.
Data Mining Called for Large Numbers of Detainees - Wilkerson notes what he calls “ad hoc intelligence philosophy that was developed to justify keeping many of these people,” a data mining concept called in the White House “the mosaic philosophy.” He explains: “Simply stated, this philosophy held that it did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance (this general philosophy, in an even cruder form, prevailed in Iraq as well, helping to produce the nightmare at Abu Ghraib). All that was necessary was to extract everything possible from him and others like him, assemble it all in a computer program, and then look for cross-connections and serendipitous incidentals—in short, to have sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified. Thus, as many people as possible had to be kept in detention for as long as possible to allow this philosophy of intelligence gathering to work. The detainees’ innocence was inconsequential. After all, they were ignorant peasants for the most part and mostly Muslim to boot.” Unfortunately for this data mining effort, the gathering, cataloging, and maintenance of such information was carried out with what he calls “sheer incompetence,” rendering the information structure virtually useless either for intelligence or in prosecuting terror suspects.
No Information of Value Gained from Guantanamo Detainees - And, Wilkerson adds, he is not aware of any information gathered from Guantanamo detainees that made any real contribution to the US’s efforts to combat terrorism: “This is perhaps the most astounding truth of all, carefully masked by men such as Donald Rumsfeld and Richard Cheney in their loud rhetoric—continuing even now in the case of Cheney—about future attacks thwarted, resurgent terrorists, the indisputable need for torture and harsh interrogation, and for secret prisons and places such as Gitmo.”
Hindrance to Prosecution - This incompetence in gathering and storing information had a powerful impact on the ability of the US to prosecute the two dozen or so detainees who actually might be what Wilkerson calls “hardcore terrorists.” For these and the other detainees, he writes, “there was virtually no chain of custody, no disciplined handling of evidence, and no attention to the details that almost any court system would demand” (see January 20, 2009).
Shutting Down Guantanamo - Wilkerson writes that the Guantanamo detention facility could be shut down much sooner than President Obama’s promised year (see January 22, 2009), and notes he believes a plan for shutting down the facility must have existed “[a]s early as 2004 and certainly in 2005.”
War on Terror Almost Entirely Political - Wilkerson charges that the Bush administration’s driving rationale behind the “never-ending war on terror” was political: “For political purposes, they knew it certainly had no end within their allotted four to eight years,” he writes in an op-ed about the US’s detention policies. “Moreover, its not having an end, properly exploited, would help ensure their eight rather than four years in office.”
Cheney's Criticisms of Obama 'Twisted ... Fear-Mongering' - Wilkerson excoriates former Vice President Dick Cheney for his recent statements regarding President Obama and the “war on terror” (see February 4, 2009). Instead of helping the US in its fight against al-Qaeda and Islamic terrorism, Wilkerson writes, Cheney is making that fight all the more difficult (see February 5, 2009). “Al-Qaeda has been hurt, badly, largely by our military actions in Afghanistan and our careful and devastating moves to stymie its financial support networks. But al-Qaeda will be back. Iraq, Gitmo, Abu Ghraib, heavily-biased US support for Israel, and a host of other strategic errors have insured al-Qaeda’s resilience, staying power, and motivation. How we deal with the future attacks of this organization and its cohorts could well seal our fate, for good or bad. Osama bin Laden and his brain trust, Ayman al-Zawahiri, are counting on us to produce the bad. With people such as Cheney assisting them, they are far more likely to succeed.” (Wilkerson 3/17/2009)

The Justice Department informs CIA Director Leon Panetta that, after due deliberation, it will recommend to the White House that it release four Bush-era “torture memos” almost uncensored (see April 16, 2009), in compliance with a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). Panetta, who is about to leave for an overseas trip, tells Attorney General Eric Holder and White House officials that the administration needs to consider the possibility that the memos’ release might expose CIA officers to lawsuits on allegations of torture and abuse. He also demands more censorship of the memos. The Justice Department informs other senior CIA officials, and as a courtesy, former agency directors Michael Hayden, Porter Goss, George Tenet, and John Deutch. Senior CIA officials object, arguing that the memos’ release could damage the agency’s ability to interrogate prisoners in the future and would further besmirch CIA officers who had acted on the Bush administration’s legal guidance. They also warn that the release might harm foreign intelligence services’ trust in the CIA’s ability to protect national security secrets. The four former directors also raise objections, arguing that the release might compromise ongoing intelligence operations. The torture authorized by the Bush White House had been approved under Tenet’s directorship. On March 19, the Justice Department requests a two-week delay in releasing the memos; department officials tell the court handling the lawsuit that the administration is considering releasing the memos without waiting for a court verdict. Two weeks later, Justice Department officials tell the court that the memos would come out on or before April 16. President Obama becomes more and more involved in the matter, leading a National Security Council (NSC) session on the issue and holding high-level sessions with Holder and other Cabinet members. Obama also discusses the issue with lower-level officials, and with an unidentified NSC official from the Bush administration. Obama’s biggest worry is the possibility of endangering ongoing intelligence operations. The Justice Department argues that the ACLU lawsuit would in the end force the administration to release the documents anyway. Obama eventually agrees, and the White House decides it will be better to release the memos voluntarily and avoid the perception of only releasing them after being forced to do so by a court ruling. Obama also decides that very few redactions should be made in the documents. The only redactions in the memos are the names of US employees, foreign services, and items related to techniques still in use. To mollify CIA personnel concerns, Obama will send a personal letter to CIA employees reassuring them that he supports them, understands the clandestine nature of their operations, and has no intention of prosecuting CIA employees who followed the legal guidelines set forth in the memos. (Hess 4/17/2009)

Bill Hemmer.Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. (Media Matters 4/8/2009)

Baltasar Garzon.Baltasar Garzon. [Source: Presidency of Argentina]A Spanish court begins preliminary work towards opening a criminal investigation into allegations that six former top Bush administration officials may be guilty of war crimes related to torture of prisoners at Guantanamo. Spanish law allows the investigation and prosecution of people beyond its borders in the case of torture or war crimes. Investigative judge Baltasar Garzon, who ordered the arrest of Chilean dictator Augusto Pinochet and has overseen the prosecution of numerous terrorists and human rights violators, wants to prosecute former US Attorney General Alberto Gonzales, former Justice Department lawyers John Yoo and Jay Bybee, former Defense Department officials William Haynes and Douglas Feith, and David Addington, the former chief of staff to then-Vice President Cheney. Many legal experts say that even if Garzon’s case results in warrants being issued, it is highly doubtful that the warrants would ever be served as long as the six potential defendants remain in the US. Spain has jurisdiction in the case because five Spanish citizens or residents have claimed to have been tortured at Guantanamo; the five faced charges in Spain, but were released after the Spanish Supreme Court ruled that evidence obtained through torture was inadmissible. Garzon’s complaint rests on alleged violations of the Geneva Conventions and the 1984 Convention Against Torture (see October 21, 1994). The complaint was prepared by Spanish lawyers with the assistance of experts in Europe and America, and filed by the Association for the Dignity of Prisoners, a Spanish human rights group. Lawyer Gonzalo Boye, who filed the complaint, says that Gonzales, Yoo, and the others have what he calls well-documented roles in approving illegal torture techniques, redefining torture, and ignoring the constraints set by the Convention Against Torture. “When you bring a case like this you can’t stop to make political judgments as to how it might affect bilateral relations between countries,” Boye says. “It’s too important for that.” Boye adds: “This is a case from lawyers against lawyers. Our profession does not allow us to misuse our legal knowledge to create a pseudo-legal frame to justify, stimulate, and cover up torture.” The US is expected to ignore any extradition requests occuring from the case. (Simon 3/28/2009; Haven 3/28/2009)

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.’” (Finn and Warrick 3/29/2009)

The CIA fires two contractors, psychologists James Mitchell and Bruce Jessen, from their lucrative consulting contracts. Mitchell and Jessen designed the CIA’s torture program (see January 2002 and After, April 16, 2002, Mid-April 2002, and Between Mid-April and Mid-May 2002), and earned $1,000 a day in doing so (see April 30, 2009). The CIA now believes that the two fundamentally misrepresented their knowledge of the safety and efficacy of particular torture techniques, particularly waterboarding. The firings are part of a larger “purge” by CIA Director Leon Panetta of all contractors involved in the Bush-era torture program. Panetta tells CIA employees that all contractors involved in the interrogation program and secret prisons are being “promptly terminated.” (Cole 6/16/2009)

Rick Santelli, the CNBC commentator whose on-air “rant” is credited for sparking the right-wing “tea party” movement (see February 19, 2009 and February 27, 2009), refuses to take part in the upcoming April 15 anti-tax rallies being put on across the country by various “tea party” organizations (see April 15, 2009). CNBC spokesman Brian Steel says Santelli is “not going and not in any way involved” in the protests. Fox News anchors Neil Cavuto and Sean Hannity are joining with protesters in Sacramento and Atlanta, respectively, and former House Speaker Newt Gingrich plans to attend a rally in New York. Organizers say over 300 different protests will take place across the nation. Eric Odom, who owns a Chicago-based “tea party” Web site, says, “We have fully confirmed protests in 360 cities” and he is “very confident that all the protests will happen.” Odom predicts that the rallies featuring Cavuto and Hannity will bring at least 5,000 to 10,000 participants. He stresses that the protests will be made up of people from “all walks of life,” not just conservatives opposed to the Obama administration’s policies. Odom does not mention Santelli’s non-involvement. (Delaney 4/2/2009)

’America’s Newsroom’ advertisement featuring Bill Hemmer.’America’s Newsroom’ advertisement featuring Bill Hemmer. [Source: Zap2It (.com)]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, interviews several people involved with the April 15 “tea party” protests (see April 8, 2009), including Felicia Cravens, the organizer of an April 15 “tea party” in Houston. During the interview, Fox News displays information about the protest on screen. Though both Hemmer and Craven call the protests “non-partisan,” Fox displays protest footage throughout the interview criticizing President Obama. At the end of the segment, Hemmer directs viewers to go to the Web site of his program for more information about the protests. Hemmer also interviews FoxNews.com contributor Andrea Tantaros, who says of the upcoming protests, “People are fighting against Barack Obama’s radical shift to turn us into Europe.” The program also states that “Tea Parties Are Anti-Stimulus Demonstrations” and part of a “Growing Revolution” (see October 13, 2009). (Media Matters 4/8/2009)

Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston.Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston. [Source: Fox News / Media Matters]Republican lawmakers announce their intention to join with right-wing protesters on April 15, 2009, in what is envisioned as a nationwide protest against the Obama administration’s tax policies. The primary organizers are the think tanks Americans for Prosperity and Freedom Works, and right-wing bloggers such as Michelle Malkin. They say that under President Obama, taxes are “too high” and freedoms are being “eroded.” They have also called for Obama’s impeachment and refer to him as “Obama bin Lyin” and other derogatory nicknames.
Republicans, Neo-Nazis, Secessionists Joining in 'Tea Party Protests' - Malkin has called the movement the “Tea Party Protests,” in an attempt to connect the protests with the American Revolution’s Boston Tea Party. Senator David Vitter (R-LA) is sponsoring legislation to honor the protests. Representatives David Davis (R-TN), Jason Chaffetz (R-UT), Rob Bishop (R-UT), Todd Tiahrt (R-KS), John Fleming (R-LA), Ander Crenshaw (R-FL), Bob Latta (R-OH), John Shadegg (R-AZ), Sue Myrick (R-NC), Bill Posey (R-FL), and Louie Gohmert (R-TX) will attend local protests, as will Governor Mark Sanford (R-SC) and former Representative J.D. Hayworth (R-AZ). Officials from Senator Bob Corker’s (R-TN) and Representative Sam Graves’s (R-MO) office will attend the rallies as well, and Representatives Denny Rehberg (R-MT), Jack Kingston (R-GA), and Tom Rooney (R-FL) are urging their constituents to attend tea party protests. Former House Speaker Newt Gingrich (R-GA), who heads American Solutions for Winning the Futures (ASWF) and who will speak at the New York City rally, is encouraging his supporters to join the protests, and has provided them with what he calls a “toolkit” of talking points. ASWF is funded by oil and energy interests, and led the recent “Drill Here, Drill Now” campaign. ASWF has been an official “partner” in the Tea Party campaign since March. The Tea Party Protests are being joined by gun rights militias, secessionists, and neo-Nazi groups.
Protests Orchestrated by Lobbyist Organizations and Promoted by Fox News - The protests are being heavily promoted on Fox News, which intends to hold all-day “news reports” on April 15 featuring several of its commentators, including Glenn Beck (see March 3, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren, live at different venues. Many of the protest organizers’ Web sites feature one or more of the Fox commentators as part of their promotion efforts (see October 13, 2009). Beck is one of several Fox commentators and hosts who claims that the protests are “grassroots” organizations “spontaneously” led by “ordinary people,” but in reality, the protests are being orchestrated by two lobbyist-run and lobbyist-organized organizations, Americans for Prosperity and Freedom Works. According to progressive news site Think Progress, “[t]he two groups are heavily staffed and well funded, and are providing all the logistical and public relations work necessary for planning coast-to-coast protests.” Freedom Works staffers are coordinating conference calls among protesters and working with conservative organizers to give them what it calls “sign ideas, sample press releases, and a map of events around the country” as well as guides featuring talking points and instructions on delivering a “clear message” to the public and the media. Freedom Works has set up numerous Web sites, some of which Think Progress claims are deliberately constructed to appear as the work of amateurs, to promote the protests. In Florida, Freedom Works took over the planning of events. Americans for Progress is writing press releases and planning events in New Jersey, Arizona, New Hampshire, Missouri, Kansas, and several other states. Think Progress calls these activities “corporate ‘astroturfing,’” which it defines as corporations’ attempts to orchestrate events appearing to be grassroots, citizen-led actions. Freedom Works is headed by former Texas Republican Representative Dick Armey, who is a lobbyist for the firm DLA Piper; Americans for Prosperity is headed by Tim Phillips, who is a former partner of right-wing activist Ralph Reed in the lobbying firm Century Strategies. Americans for Prosperity has organized numerous pro-oil company “grassroots” events. (Fang 4/8/2009; Media Matters 4/8/2009; Fang 4/9/2009)

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. (Shane 4/10/2009)

Johnny Lee Clary.Johnny Lee Clary. [Source: Christian Family Churches of Australia (.com)]The Reverend Johnny Lee Clary, who describes himself as a former imperial wizard of the Ku Klux Klan who abandoned his allegiance to white supremacist ideology after converting to Christianity and now preaches against racism and white separatism, answers a number of questions about the Klan and related organizations on his Web site.
The John Birch Society - According to Clary, the John Birch Society (JBS—see March 10, 1961 and December 2011) “is just a political version of the KKK, without the name of the KKK. They center on the political ideas of the Klan and are not as vocal in public on the ideas of the racial superiority, but they attract the same people and say the same things behind closed doors.… The John Birch Society is the Klan.… They are racist, and full of hate and are officially listed as a hate group with several civil rights organizations throughout the USA.” Tom Metzger, the founder and leader of the White Aryan Resistance (WAR), is an active leader of a California chapter of the JBS, Clary writes, as are many other members of the Klan and various neo-Nazi and white supremacist militia groups. Clary explains why the Klan is openly racist and the JBS is not, stating: “The John Birch Society’s function is to recruit professional people into their ranks of anti-government conspiracy freaks, that would be too afraid to join an organization with the name of the KKK. They suck these people into their ranks and use the donations to further the cause of radical un-American fascist racist KKK activities. This is a ploy for the KKK to get funding to help spread their agenda.” In response to an email from a JBS member portraying his organization as “conservative,” Clary writes: “Please do not try to represent your organization as ‘conservative.’ You are not conservative, and are disowned by the Republican Party and are considered a disgrace to true conservatives everywhere. Ronald Reagan, the greatest conservative American ever, would have nothing to do with any of you. Neither will President Bush for that matter.”
Positive Aspects of the Klan - While Clary repudiates the Klan’s racism, he says there are some “good” aspects to the organization: it “stands against abortion, homosexuality, and drug dealers. They are for prayer in the schools and the use of the Bible in the classroom. These are good things that would entice some people into joining the Klan, however, if someone joined because of these reasons they would soon see that the evil the Klan does is so sinister that it far outweighs the good. The Klan is guilty of bombings, murder, and hatred of their fellow man because of the shade of their skin.”
Why the KKK Hates African-Americans - In response to a letter from an African-American student asking this question, Clary writes: “I believe that one of the reason’s the Klan hates African-Americans so much is because they look different [from whites]. By putting others down they make themselves feel superior. One who hates so much really does not like his or her own self. They know deep down inside that they are a loser in society and they are searching for some way to try to achieve some sort of superiority. You have to remember also that the majority of KKK members are what would be classified as ‘poor white trash.’ Very few Klan members come from upper middle class backgrounds or even middle class for that matter. They come from backgrounds that are poor and down trodden. Instead of doing something to better themselves they build up resentment until it turns into hatred. They blame the Jews, blacks, and others for their own failures in life and they are a product of a learned response. That is, they are taught to hate.… If the blacks were not around for Klansmen to hate, it would be the Jews and if they were not around it would be the Native American Indians and if not them then someone else. When no one else that appears to be different is around then they start hating and bickering with each other. Many of them are crying out for a separate ‘Aryan’ homeland. They scream for a place where people that believe like they do can all go and live and not have to be around other races. That could be a solution that would benefit everybody. Even if there were no other races around them, their hatred is so deeply imbedded within them that they would start hating each other and finally destroy one another.” (Clary 2007; Johnny Lee Clary 4/13/2009)

FreedomWorks logo.FreedomWorks logo. [Source: FreedomWorks]The progressive news and advocacy site Think Progress profiles FreedomWorks, a conservative lobbying firm that uses the practice of “astroturfing” to press its agenda home. FreedomWorks is one of the organizations behind the anti-tax “tea party” movement (see April 8, 2009). The organization denies that it is “astroturfing”—creating fake “citizens groups” that purport to be spontaneously organized grassroots organizations—and compares its work to that of liberal activism group MoveOn.org. However, Think Progress notes that MoveOn is a citizen-organized group, while FreedomWorks is headed by former Republican activists and corporate officials, and is funded by oil, energy, and tobacco companies. Former House Majority Leader Dick Armey and current Washington lobbyist (R-TX) leads FreedomWorks. (Fang 4/14/2009)
'Amateur-Looking' Astroturfing Sites - Last year, the Wall Street Journal exposed FreedomWorks’ use of “amateur-looking” Web sites for its “astroturf” groups to bolster their credibility as purported “citizen groups” pushing for corporate interests (see May 16, 2008). (Fang 4/14/2009)
Represented by PR Firm with GOP Links - FreedomWorks is represented by the Washington public relations firm Shirley & Banister Public Affairs. Shirley & Banister also represents conservative organizations such as the National Rifle Association, Citizens United, news outlet Human Events, and organizer Richard Viguerie’s direct-mail firm. (It also represents the Bradley Foundation, a conservative funding organization that in 2008 gave $25,000 to both FreedomWorks and Americans for Prosperity [AFP], gave FreedomWorks $75,000 in 2009, and is considering a grant request from AFP.) One of Shirley & Banister’s partners is Craig Shirley, a veteran Republican PR operative who helped develop the overtly racist 1988 “Willie Horton” political ad (see September 21 - October 4, 1988). Progressive MSNBC host Rachel Maddow tells her audience: “This is a perfect system for the Republican Party. It’s a constant feedback loop. The Republican Party activists stir up fear and anger on the Internet… Fearful, angry people go to town hall events and then Republican Party officials say they are just responding to that anger and they have no idea where it came from. It’s [a] perfect cycle. Rile them up with made-up stuff and then sympathize with them that are so riled.” (MSNBC 8/14/2009; MSNBC 8/17/2009)
Led by Millionaires - Three of FreedomWorks’ most prominent senior officials are millionaires. Armey makes over $500,000 a year working for the organization, and lives in a Texas home valued at $1.7 million. FreedomWorks president Matthew Kibbe lives on Capitol Hill in Washington, DC, in a home valued at $1.17 million. Board member Steve Forbes, the billionaire publisher of Forbes magazine, lives in a New Jersey home valued at $2.78 million, owns a chateau in France, and recently sold a private island in Fiji and a palace in Morocco. (Phillips 5/16/2008)
FreedomWorks Supports Armey's Lobbying Efforts - Armey’s lobbying firm, DLA Piper, represents pharmaceutical firms such as Bristol-Myers Squibb, medical device supplier SleepMed, health care provider Metropolitan Health Networks, and another pharmaceutical firm, Medicines Company. One member of FreedomWorks’s board of directors is Richard Stephenson, the founder and chairman of Cancer Treatment Centers of America. He is also the president of International Capital and Management Company, which runs a hospital consulting company. The president of FreedomWorks is Matt Kibbe, the former senior economist for the Republican National Committee and the former chief of staff for Representative Dan Miller (R-FL). FreedomWorks is organizing protests against health care reform that would cut into pharmaceutical firms’ profits. DLA Piper represents a number of life insurance firms; FreedomWorks has organized support for the deregulation of the insurance industry. DLA Piper represents not only several American oil firms, but also Sheikh Mohammed Bin Rashid Al Maktoum, prime minister of the United Arab Emirates (UAE), on energy related issues such as maintaining the close ties between the US and the UAE. US oil firms are deeply involved in the UAE’s oil industry. (Center for Responsive Politics 2009; Fang 4/14/2009; MSNBC 8/12/2009) In August 2009, after reporting on FreedomWorks, MSNBC host Rachel Maddow will tell her audience: “Washington lobbyists and health care executives and former Republican Party officials have just as much a right to shout down the policy debate about health care reform as anyone else does. These folks have just as much a right to try to derail this entire process as anyone else does. But we have a right to know who they are and who is paying them for their efforts. These guys are pros. This is an industry. This is beltway politics being organized and played out in town halls across the country.” (MSNBC 8/12/2009) DLA Piper has also received $830,000 this year, so far, from the pharmaceutical firm Medicines Company; the same firm paid DLA Piper $1.5 million in 2008. (MSNBC 8/7/2009)
FreedomWorks Lobbying on Behalf of DLA Piper? - In August 2009, Maddow will ask, “[W]hy are DLA Piper’s clients relevant?” She answers herself, “There appears to be some pretty good evidence that when you pay Dick Armey’s lobbying firm, DLA Piper, you get what Dick Armey’s grassroots organization FreedomWorks does.” In the first half of 2007, the American Council of Life Insurers paid DLA Piper $100,000 to lobby on its behalf. During that time span, FreedomWorks began lobbying Congress on a “grassroots” basis to deregulate the life insurance industry. Maddow will sarcastically ask: “And, of course, perhaps it is just mere coincidence that FreedomWorks happened to have a newfound, ideological, purist grassroots commitment to life insurance deregulation at the same time the American Council of Life Insurers hired Dick Armey’s lobbying firm. It could just be a coincidence. Could be, right?” In 2006, DLA Piper began lobbying for the Senado de Republica, the Mexican Senate, for the purpose of “enhancing US-Mexico relations.” At the same time, FreedomWorks began promoting itself as “one of the few organizations willing to aggressively promote meaningful immigration reform.” In 2004, during the Bush administration’s push to privatize Social Security, a single mom from Iowa was introduced at a White House economic conference as a supporter of privatization. That mom was a FreedomWorks employee. Maddow will say: “This is how FreedomWorks does their work. They try to create the impression that their just regular grassroots Americans without any financial or political interests in the outcome of these policy fights.” (MSNBC 8/12/2009)

President Obama presides over a deeply divided group of top advisers as he decides whether or not to release four Bush-era Justice Department memos documenting the Bush administration’s torture policies (see April 16, 2009). CIA Director Leon Panetta and his four immediate predecessors have already registered their flat disapproval of the memos’ release (see March 18, 2009 and After), as has Obama’s top counterterrorism adviser, John Brennan. On the other side are Attorney General Eric Holder, Director of National Intelligence Dennis Blair, and White House counsel Gregory Craig. Defense Secretary Robert Gates has indicated he supports the release because it is inevitable anyway—the memos are the subject of a Freedom of Information Act (FOIA) lawsuit—and because Obama is willing to promise that no CIA officers will be prosecuted for abuse. Joint Chiefs of Staff Chairman Michael Mullen sides with Gates. Obama presides over a “mini-debate” in the office of White House chief of staff Rahm Emanuel, where each side designates a spokesperson to present its views. When the debate is concluded, Obama immediately dictates a draft of his announcement of the memos’ release. During the discussion, Obama rejects the proposal that the memos’ release be delayed in anticipation of a so-called “truth commission” to investigate Bush torture policies, saying that such delay would just create further divisiveness. Craig argues persuasively that the judge overseeing the FOIA lawsuit is unlikely to grant any delays. Obama aides later say the president’s decision is in keeping with his frequent campaign promises that he would not only stop the torture and abuse of prisoners in US custody, but get to the truth behind the Bush administration’s torture policies. (Isikoff and Thomas 4/18/2009; Smith, Shear, and Pincus 4/24/2009)

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). (American Civil Liberties Union 4/16/2009; Shane 4/19/2009; BBC 4/23/2009) Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” (CNN 4/17/2009) House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” (Powers 4/16/2009) Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” (United Press International 4/16/2009)
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” (US Department of Justice 4/16/2009) President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” (Shane 4/19/2009) The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). (American Civil Liberties Union 4/16/2009)
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. (American Civil Liberties Union 4/16/2009; Shane 4/19/2009; BBC 4/23/2009)
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). (Marcy Wheeler 4/18/2009)

Fox News commentators mock the idea of using insects to torture prisoners, as was revealed in recently released Justice Department torture memos (see April 16, 2009). Mike Huckabee (R-AR), the former governor of Arkansas and a 2008 presidential candidate who now has his own talk show on Fox, says, “Look, I’ve been in some hotels where there were more bugs than these guys faced.” Huckabee goes on to characterize the Obama administration’s version of prisoner interrogation, saying, “We’re going to talk to them, we’re going to have a nice conversation, we’re going to invite them down for some tea and crumpets.” Huckabee’s fellow commentators Gretchen Carlson and Steve Doocy join in the hilarity. (Media Matters 4/17/2009; Media Matters 4/21/2009)

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; Shane 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. (Abrams 4/28/2009)

Former CIA Director Michael Hayden refuses to confirm information from a recently released CIA memo that shows alleged 9/11 mastermind Khalid Shaikh Mohammed had been waterboarded 183 times in a single month (see April 16, 2009). Even though the memo has been released to the public, Hayden says he believes that information is still classified. Hayden says he opposed the release of the memo and three others recently released by the White House. Even though President Obama has said that the US will never use waterboarding and other “harsh interrogation techniques” again, Hayden says: “At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al-Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this president at this time had decided not to use one, any, or all of those techniques. It reveals the outer limits. That’s very important.” Hayden also disputes reports that suspected terrorist Abu Zubaida revealed nothing new after being tortured; he says that after Zubaida was subjected to waterboarding and other unspecified “techniques,” he revealed information leading to the capture of suspected terrorist Ramzi bin al-Shibh. (Shane 4/19/2009; Terkel 4/19/2009) Days later, former FBI interrogator Ali Soufan will reveal information that disputes Hayden’s claims (see Late March through Early June, 2002 and April 22, 2009).

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” (Media Matters 4/20/2009)

A newly declassified Senate Intelligence Committee chronology discloses that the small group of Bush-era Justice Department lawyers who wrote memos authorizing the torture of enemy detainees (see April 16, 2009 and April 9, 2008) did not operate on their own, but were authorized by top White House officials such as then-Vice President Dick Cheney and then-National Security Adviser Condoleezza Rice (see April 2002 and After). Other top officials, such as then-Defense Secretary Donald Rumsfeld and then-Secretary of State Colin Powell, were apparently left out of the decision-making process. Former committee chairman John Rockefeller (D-WV) says the task of declassifying interrogation and detention opinions “is not complete,” and urges the prompt declassification of other Bush-era documents that, he says, will show how the Bush administration interpreted the laws governing torture and war crimes. The committee report began in the summer of 2008, at Rockefeller’s behest, and was drafted by committee staffers with heavy input from Bush officials. The entire effort was coordinated through the Office of the Director of National Intelligence. President Bush’s National Security Council refused to declassify the report; President Obama’s National Security Adviser, James Jones, signed off on its release and the committee clears it for release today. (Smith and Finn 4/22/2009; Talev 4/22/2009) The Intelligence Committee report dovetails with a report issued by the Senate Armed Forces Committee that showed Defense Department officials debated torture methods months before the Justice Department authorized such methods (see April 21, 2009). The report also shows:
bullet The CIA thought al-Qaeda operative Abu Zubaida was withholding information about an imminent threat as early as April 2002 (see March 28-August 1, 2002), but did not receive authorization to torture him until three months later.
bullet Some Senate Intelligence Committee members were briefed on the torture of Zubaida and 9/11 plotter Khalid Shaikh Mohammed in 2002 and 2003.
bullet CIA Director George Tenet, in the spring of 2003, asked for a reaffirmation of the legality of torture methods (perhaps this memo—see June 1, 2003). Cheney, Rice, then-Attorney General John Ashcroft, and then-White House counsel Alberto Gonzales were among the participants at a meeting where it was decided that the torture policies would continue. Rumsfeld and Powell were not present.
bullet The CIA briefed Rumsfeld and Powell on interrogation techniques in September 2003.
bullet Administration officials had lasting concerns about the legality of waterboarding as they continued to justify its legitimacy.
Reactions among other senators is divided, with John McCain (R-AZ), Lindsey Graham (R-SC), and Joseph Lieberman (I-CT) asking Obama not to prosecute Bush officials who authorized or gave advice concerning torture, and Senate Judiciary Committee chairman Patrick Leahy (D-VT) reiterating his support for an independent “truth commission” to investigate the interrogations. (Talev 4/22/2009; Senate Intelligence Committee 4/22/2009 pdf file) In 2008, Bush admitted approving of his administration’s authorization of torture (see April 11, 2008).

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” (Soufan 4/22/2009; Isikoff 4/25/2009) In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). (Isikoff 4/25/2009)
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” (Soufan 4/22/2009; Isikoff 4/25/2009)

Liz Cheney, a former State Department official and the daughter of former Vice President Dick Cheney, defends the Bush administration’s practices of torture by denying that anything authorized by the administration was, in fact, torture. Cheney, interviewed on MSNBC, is responding to the issues raised by the recent Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009). “The tactics are not torture, we did not torture,” she says. To bolster her denial, Cheney says that the tactics are not torture because they were derived from training methods employed in the SERE program (see December 2001, January 2002 and After, and July 2002). “Everything that was done in this program, as has been laid out and described before, are tactics that our own people go through in SERE training,” Cheney says. “We did not torture our own people. These techniques are not torture.” Progressive news Web site Think Progress notes that in the May 30, 2005 torture memo (see May 30, 2005), then-Justice Department official Steven Bradbury wrote, “Individuals undergoing SERE training are obviously in a very different situation from detainees undergoing interrogation; SERE trainees know it is part of a training program, not a real-life interrogation regime, they presumably know it will last only a short time, and they presumably have assurances that they will not be significantly harmed by the training.” (Corley 4/23/2009)

Former House Speaker Newt Gingrich (R-GA), a likely candidate for the 2012 Republican presidential candidacy, refuses to say whether waterboarding is or is not torture. Interviewed on Fox News, Gingrich calls the release of the four Bush-era Justice Department memos authorizing and defending torture (see April 16, 2009) “a big mistake,” but adds, “I want to see the United States run the risk, at times, of not learning certain things in order to establish a standard for civilization.” When asked if waterboarding is torture, Gingrich refuses to give a straight answer. “I think it’s something we shouldn’t do,” he says, but then adds: “Lawyers I respect a great deal say it is absolutely within the law. Other lawyers say it absolutely is not. I mean, this is a debatable area.” When asked if waterboarding violates the Geneva Conventions, Gingrich again demurs, saying, “I honestly don’t know.” He then says, “I think—I think that there—I am exactly where Senator [John] McCain was.” McCain has long opposed the use of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009). (Khanna 4/26/2004)

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” (Hoyt 4/25/2009)
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. (Jacobson 4/26/2009)

Senator and former presidential candidate John McCain (R-AZ), a strong opponent of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009), says that the US must “move on” from the Bush era of torture and not investigate the Bush administration’s torture policies. McCain refuses to support Democratic calls to impeach former Justice Department official Jay Bybee, who authored several of the torture memos (see August 1, 2002 and August 1, 2002), even as he acknowledges Bybee broke the law. McCain says: “He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.” McCain says that “no one has alleged, quote, wrongdoing” on the part of Bush officials such as Bybee, saying only that they gave “bad advice” to Bush and other senior officials. (Frick 4/26/2009)

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. (Goetz and Sandberg 4/27/2009)

Following the release of a set of Bush administration memos about torture (see April 16, 2009) and the discovery that militant training camp facilitator Abu Zubaida was waterboarded 83 times in one month (see April 18, 2009), some commentators recall comments made by former CIA officer John Kiriakou.
Kiriakou's Media Blitz - In late 2007, shortly after the CIA admitted destroying videos of Zubaida (see November 2005 and December 6, 2007), Kiriakou toured media outlets, saying that Zubaida had only been waterboarded once (see December 10, 2007 and December 11, 2007). New York Times reporter Brian Stelter writes the most comprehensive treatment of Kiriakou’s “media blitz,” in an article entitled “How ‘07 ABC Interview Tilted a Torture Debate.” He points out that Kiriakou’s claim of only one waterboarding was “repeated by dozens of broadcasts, blogs, and newspapers” and “quickly ricocheted around the media.” This despite the fact that Kiriakou was not present at the black site where Zubaida was interrogated, and only learned of his treatment from reading accounts from the field. This injected the claim of one waterboarding into the public debate without the CIA having to make it itself. When asked about the false claim, CIA spokesman Paul Gimigliano replies: “This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren’t misled from here.”
Waterboarding Was Necessary - In addition, Kiriakou said that at the time it did produce results and he had thought it was necessary then, statements that were repeated and amplified around the media. The net effect of his interjection in the debate was to make the torture seem much less harsh than it really was, diverting criticism away from the CIA. (Stelter 4/28/2009)
CIA Media Plant? - Numerous other commentators will make similar points. For example, in a piece entitled “John Kiriakou: CIA Media Plant?” Foreign Policy magazine commentator Annie Lowery says: “It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou—telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television—was told the story to tell and released onto an unsuspecting public. It’s an impression the CIA will have difficulty dulling now.” (Lowery 4/28/2009)
Kiriakou Admits He Was Wrong - In 2010, Kiriakou will publish a book and in it he will mention in passing that his earlier claims were wrong. He did not take part in Zubaida’s interrogation and he was wrong about Zubaida being only waterboarded one time, and about him freely confessing afterwards. He will claim that he was a dupe used by the CIA to promote disinformation, writing, “In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own.” (Stein 1/26/2010)

ABC News learns that two former military officers, both psychologists, were paid $1,000 a day to design a program to torture and waterboard detainees in US custody. The psychologists, James Mitchell and Bruce Jessen (see January 2002 and After, April 16, 2002, Mid-April 2002, and Between Mid-April and Mid-May 2002), were recipients of a contract awarded by the CIA to their firm, Mitchell Jessen and Associates. Mitchell and Jessen told the CIA that waterboarding was safe to use on prisoners. The American Civil Liberties Union’s Jameel Jaffer says, “It’s clear that these psychologists had an important role in developing what became the CIA’s torture program.” According to ABC, “Associates say the two made good money doing it, boasting of being paid a thousand dollars a day by the CIA to oversee the use of the techniques on top al-Qaeda suspects at CIA secret sites.” Air Force interrogator Colonel Steven Kleinman says, “The whole intense interrogation concept that we hear about is essentially their concepts.” ABC notes that “neither Mitchell nor Jessen had any experience in conducting actual interrogations before the CIA hired them.” A military officer says that the CIA “went to two individuals who had no interrogation experience. They are not interrogators.” The CIA came to believe that the waterboarding “expertise” they claimed was “misrepresented,” and therefore the claims that waterboarding was “medically safe” and “effective” were questionable. As ABC notes, “The waterboarding used on al-Qaeda detainees was far more intense than the brief sessions used on US military personnel in the training classes.” (Ross, Cole, and Rhee 4/30/2009; Raw Story 5/1/2009)

John Durham, a special counsel appointed by former Attorney General Michael Mukasey to investigate the destruction of video tapes made by the CIA of detainees’ interrogations (see January 2, 2008), summons CIA officers from overseas to testify before a grand jury. “Three legal sources familiar with the case” also say that Durham wants testimony from agency lawyers who gave advice relating to the November 2005 decision by Jose Rodriguez, then chief of the CIA’s clandestine service, to destroy the tapes (see Before November 2005 and November 2005). Newsweek will say this comes as a surprise to the CIA, whose officials have “plenty to worry about.” Previously, some lawyers on the case had thought Durham intended to wind down the probe without recommending any charges be brought. However, his recent activity has made them unsure. Newsweek will speculate that Durham “might simply be tying up loose ends.” Alternatively, he may be fixing to have charges brought. (Isikoff and Hosenball 5/2/2009)

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” (Spiegel 5/4/2009)
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. (Soldz 5/4/2009)

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” (Temple-Raston 5/5/2009)

In an interview on CBS’s Face the Nation, former Vice President Dick Cheney acknowledges that President Bush knew of the torture program as performed under his administration. However, he again says that in his view the practices employed by the US on enemy detainees did not constitute torture (see December 15, 2008). He also reiterates earlier claims that by dismantling Bush-era policies on torture and warrantless wiretapping, the Obama administration is making the country more vulnerable to terrorist attacks (see January 22, 2009, January 22, 2009, January 23, 2009, February 2009, March 17, 2009, March 29, 2009, April 20, 2009, April 21, 2009, April 22, 2009, April 22, 2009, April 22, 2009, April 23, 2009, and April 26, 2009), and reiterates his claim that classified documents will prove that torture was effective in producing actionable intelligence (see April 20, 2009).
Claims Documents Prove Efficacy of Torture - Cheney says: “One of the things that I did six weeks ago was I made a request that two memos that I personally know of, written by the CIA, that lay out the successes of those policies and point out in considerable detail all of—all that we were able to achieve by virtue of those policies, that those memos be released, be made public (see April 22, 2009). The administration has released legal opinions out of the Office of Legal Counsel. They don’t have any qualms at all about putting things out that can be used to be critical of the Bush administration policies. But when you’ve got memos out there that show precisely how much was achieved and how lives were saved as a result of these policies, they won’t release those. At least, they haven’t yet.” Host Bob Schieffer notes that Attorney General Eric Holder has denied any knowledge of such documents, and that other administration officials have said that torture provided little useful information. Cheney responds: “I say they did. Four former directors of the Central Intelligence Agency say they did, bipartisan basis. Release the memos. And we can look and see for yourself what was produced.” Cheney says the memos specifically discuss “different attack planning that was under way and how it was stopped. It talks [sic] about how the volume of intelligence reports that were produced from that.… What it shows is that overwhelmingly, the process we had in place produced from certain key individuals, such as Khalid Shaikh Mohammed and Abu Zubaida (see After March 7, 2003), two of the three who were waterboarded.… Once we went through that process, he [Mohammed] produced vast quantities of invaluable information about al-Qaeda” (see August 6, 2007). Opponents of Bush torture policies, Cheney says, are “prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America.”
Bush Knew of Torture Program - Cheney also acknowledges that then-President Bush knew of the torture program, saying: “I certainly, yes, have every reason to believe he knew—he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it.” Cheney concludes by saying that he would be willing to testify before Congress concerning the torture program and his administration’s handling of its war on terror, though he refuses to commit to testifying under oath. (Congressional Quarterly 5/10/2009; CBS News 5/10/2009 pdf file)

On his radio show, conservative host Glenn Beck warns that the Democrats’ “socialistic” health care reform proposal will lead to “eugenics” as envisioned by leaders of the Nazi Third Reich. Beck tells his listeners that the reform package will not only result in senior citizens being forced to die before their time in order to save on medical costs (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, and February 18, 2009), but also says: “This is Nazi Germany stuff. This is the kind of stuff that is progressive in its nature. It is eugenics. It is survival of the fittest. It is the reason why the abortion argument makes so much difference. You can’t devalue life at either end because these people are waiting to swoop in and say it’s just not worth doing these things. Don’t waste the money on old people. They’re not going to live long anyway. Spend it on someone who meets the requirements of our cost-benefit analysis. So old people, thanks for all the contributions you made to society during your better years but now we’re sorry to say it’s time to send you to a better place, heaven.” (Glenn Beck 5/13/2009)

Former Justice Department lawyer John Yoo, who authored numerous legally untenable memos authorizing torture and the preeminence of the executive branch (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, November 6-10, 2001, and January 9, 2002), writes that in the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009), “empathy has won out over excellence in the White House.” Yoo, who calls the Justice she is replacing, David Souter, an equally “weak force on the high court,” writes that President Obama “chose a judge distinguished from the other members of [his list of potential nominees] only by her race. Obama may say he wants to put someone on the Court with a rags-to-riches background, but locking in the political support of Hispanics must sit higher in his priorities.” Sotomayor’s record is “undistinguished,” Yoo writes, and “will not bring to the table the firepower that many liberal academics are asking for.” She will not be the intellectual and legal equal of conservatives Antonin Scalia and Clarence Thomas, he says. “Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law.” Conservatives should challenge her nomination, Yoo writes, because the Court is “a place where cases are decided by a faithful application of the Constitution, not personal politics, backgrounds, and feelings. Republican senators will have to conduct thorough questioning in the confirmation hearings to make sure that she will not be a results-oriented voter, voting her emotions and politics rather than the law.” (Yoo 5/26/2009)

Former White House political director Karl Rove continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). In a column for the Wall Street Journal, Rove echoes former Justice Department official John Yoo in claiming that the Obama administration chose “empathy” over capability in Sotomayor’s selection (see May 26, 2009). Rove goes one step further than Yoo in equating Sotomayor’s “empathy” with “liberal judicial activism.” “‘Empathy’ is the latest code word for liberal activism,” Rove writes, “for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn’t pass the legislative branch or, if it did, would generate voter backlash.” He accuses Sotomayor, and indirectly President Obama, of a “readiness to discard the rule of law whenever emotion moves them.” He also accuses Obama of attempting to “placate Hispanic groups who’d complained of his failure to appoint more high profile Latinos to his administration.… Mr. Obama also hopes to score political points as GOP senators oppose a Latina. Being able to jam opponents is a favorite Chicago political pastime.” Rove advises Republicans to use Sotomayor’s nomination as an opportunity to “stress their support for judges who strictly interpret the Constitution and apply the law as written.” He notes: “A majority of the public is with the GOP on opposing liberal activist judges. There is something in our political DNA that wants impartial umpires who apply the rules, regardless of who thereby wins or loses.” (Rove 5/28/2009) Hours after his attack column is printed, Rove tells a Fox News audience that Republicans need to treat Sotomayor with “respect” and criticize her over her “philosophy,” not her background. (Terkel 5/29/2009)

President Barack Obama lambasts critics of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for their attacks on her (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, and May 29, 2009). Obama says that Sotomayor regrets her choice of words in a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), but goes on to condemn “all this nonsense that is being spewed out” by critics who have accused her of racism and belonging to racist groups. Of her speech, Obama says: “I’m sure she would have restated it. But if you look in the entire sweep of the essay that she wrote, what’s clear is that she was simply saying that her life experiences will give her information about the struggles and hardships that people are going through. That will make her a good judge.” White House spokesman Robert Gibbs says of the racial accusations: “It’s sort of hard to completely quantify the outrage I think almost anybody would feel at the notion that you’re being compared to somebody who used to be a member of the Ku Klux Klan. It’s amazing.” Republican strategist John Ullyot, who worked on judicial nominations as a Congressional staffer, says that “any comments politically on race or gender are fraught with peril for Republicans.” He continues: “A few conservatives from outside of the Senate, in their zeal to pick a fight over Obama’s nominee, decided to get very ugly very quickly. No one in the Senate has followed along, and that’s the loudest condemnation you can have.” Ullyot fails to mention attacks from Republican Senators James Inhofe (R-OK) and Jeff Sessions (R-AL—see May 26, 2009). (Eggen and Kane 5/29/2009)

In 2009, US intelligence locates Ibrahim Saeed Ahmed (a.k.a. Abu Ahmed al-Kuwaiti), a trusted courier working for Osama bin Laden, somewhere in northwest Pakistan. This is done by remote monitoring of his cell phone calls and e-mails, after his full real name was discovered in 2007 (see 2007). His brother Abrar, who is also involved with al-Qaeda, is discovered as well. However, their exact location in Pakistan is still unknown and will not be discovered until 2010 (see July 2010). (Walsh 5/2/2011; Isikoff 5/4/2011)
Assistance from Pakistani Government - The Washington Post will later report that the Pakistani government has been secretly assisting US intelligence with data collection for a number of years. The US can collect wireless phone calls on its own in Pakistan, but the Pakistani government helps the US collect landline calls and e-mails as well. In 2009, the ISI, Pakistan’s intelligence agency, allegedly notices several suspicious calls spoken in Arabic to the Middle East. The phone number is discovered to belong to Ahmed. An unnamed US official will later say: “The Pakistanis indeed provided information that was useful to the US government as it collected intelligence on the bin Laden compound. That information helped fill in some gaps.” (Ignatius 5/11/2011)
Ahmed's General Location Discovered; Exact Locale Is Still a Mystery - However, Ahmed normally drives an hour or two before inserting the battery in his cell phone, and he frequently changes the SIM cards in his phone. As a result, US intelligence concludes he is living somewhere in northwest Pakistan, but it cannot figure out exactly where. One of these calls comes from the general vicinity of Abbottabad, where Ahmed will eventually be found to be living with Osama bin Laden (see August 1, 2010). But since other calls come from other towns, intelligence analysts cannot limit their search to just Abbottabad. (Ignatius 5/11/2011; Cole 5/19/2011)
Extensive Surveillance Effort Begins - A senior Obama administration official will later say the two brothers’ “extensive operational security” keeps investigators from determining exactly where they live. “The fact that they were being so careful reinforced our belief that we were on the right track.” This official will add, “We couldn’t trail [Ahmed], so we had to set up an elaborate surveillance effort.” (Walsh 5/2/2011)

After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. (Isenstadt 6/3/2009) On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” (Think Progress 6/3/2009)

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” (Terkel 6/12/2009)

The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” (American Civil Liberties Union 6/15/2009)

Fake ‘ObamaCare’ card distributed by FreedomWorks.Fake ‘ObamaCare’ card distributed by FreedomWorks. [Source: FreedomWorks]The corporate lobbying firm FreedomWorks (see April 14, 2009) sends out a detailed memo, written in part by founder Dick Armey (R-TX), laying out strategies for protesting the Obama administration’s health care reform proposals. The memo claims that the White House intends to supplant the current privately owned and operated health care system with a “government-run” system “that would cost taxpayers trillions of dollars in new taxes” and feature “government bureaucrats,” not doctors and patients, deciding who received what health care. “This takeover of the health care system would be costly in terms of our money, our freedom, and even our lives,” the memo states. Members and sympathizers should descend on the “town hall” meetings and other venues hosted by their Congressional representatives and demand that they oppose the proposals. The memo states that its “action kit” should be used at the “tea parties” being sponsored by FreedomWorks and other right-wing organizations (see April 14, 2009, April 15, 2009, and May 29, 2009). The memo contains talking points, slogans, sample questions, a “sample” letter to the editor that members can copy and sign, a petition, and a satirical “Obamacare Card” issued to “Nancy P. Pelosi,” the Democratic Speaker of the House, saying that the bearer is entitled to “rationed health care, long waits, less choice and control, poorer care, fewer doctors and drugs, massive government, higher taxes, growing debt, zero innovation, rising costs, waste, fraud, and abuse, [and] anxiety, pain, [and] fear of death.” (Dick Armey 6/26/2009 pdf file)

The US Supreme Court says it will schedule a hearing on the controversial “Citizens United” case, Citizens United v. Federal Election Commission (see March 15, 2009), for September 2009, in an unusual second presentation before the Court (see September 9, 2009). According to the justices, the lawyers for both Citizens United (CU) and the federal government should argue whether previous Court rulings upholding federal election law should be overturned based on First Amendment grounds. Both sides are asked to argue whether the Court should overrule the 1990 Austin decision (see March 27, 1990), which upheld restrictions on corporate spending on political campaigns, and/or the 2003 McConnell decision (see December 10, 2003), which upheld the bulk of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Law professor Nathaniel Persily says of the directive: “The Court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics. The only reason to ask for reargument on this is if they’re going to overturn Austin and McConnell.” The New York Times observes, “The Roberts court [referring to the Supreme Court under Chief Justice John Roberts] has struck down every campaign finance regulation to reach it, and it seems to have a majority prepared to do more.” Previous lower court rulings have found that CU’s attempt to air a film attacking presidential candidate Hillary Clinton (D-NY) was an attempt to engage in “electioneering,” and thus came under the restrictions of the McCain-Feingold campaign law (see March 27, 2002). The film was financed in part by donations from corporations and individuals whom CU has refused to identify. (United Press International 6/29/2009; Liptak 6/29/2009) CU previously attempted to have its case heard by the Court, but the Court sent the case back to a federal appeals court, which ruled in favor of the Federal Election Commission (FEC) and against CU (see March 24, 2008). Law professor Richard Hasen agrees with Persily and the Times that the decision to reargue the case a second time indicates that the Court’s conservative majority is prepared to overturn both Austin and McConnell, and allow essentially unlimited corporate spending in federal elections. Hasen writes that if the Court does indeed rule in favor of unlimited corporate spending, it will be in response to the fundraising advantage currently enjoyed by Democratic presidential candidate Barack Obama (D-IL) over his Republican counterpart, John McCain (R-AZ). (Hasen 6/29/2009) The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Pakistani Interior Minister Rehman Malik says in an interview that Osama bin Laden and other top al-Qaeda leaders are not in Pakistan, so US drone strikes in Pakistan’s tribal region are futile. Malik says: “If Osama was in Pakistan we would know, with all the thousands of troops we have sent into the tribal areas in recent months.… If he and all these four or five top people were in our area they would have been caught, the way we are searching.… According to our information Osama is in Afghanistan, probably Kunar, as most of the activities against Pakistan are being directed from Kunar.” He adds that US drone strikes are hitting mid-level militants at best, and are “counterproductive because they are killing civilians and turning locals against our government. We try to win people’s hearts, then one drone attack drives them away.” (Lamb 7/12/2009) Malik’s statement about bin Laden not being in Pakistan is not consistent with the facts (see January 2005, Late 2005-Early 2006, August 2007, September 2008, and May 2, 2011).

Two luxury hotels in Jakarta, Indonesia, are hit by suicide bombers within five minutes of each other. Seven people are killed, plus the two bombers, and fifty people are injured. At least four of the dead are Westerners. The Marriott and Ritz Carlton hotels are the targets. The Marriott was bombed in 2003 as well (see August 5, 2003). Nobody takes credit, but the al-Qaeda linked group Jemaah Islamiyah is immediately blamed. Experts also blame militant Noordin Mohammed Top, saying that the bombs used are exactly the same to the ones Top used in previous bombings. (Moestafa and Djanuarto 7/19/2009) Top actually created a Jemaah Islamiyah splinter group in 2005 called Tanzim Qaedat al-Jihad. These are the first significant bombings in Indonesia since 2005 (see October 1, 2005).

National Public Radio reports that Saad bin Laden, son of Osama bin Laden, has probably been assassinated by the US in Pakistan. The assassination was performed by a Predator drone, using Hellfire missiles. Saad was not the intended target of the missiles and was not a missile target at all, but was just “in the wrong place at the wrong time,” according to a counterterrorism official. (Kelly 7/22/2009) US drones are operated by the CIA in Pakistan. (Mayer 10/26/2009)
Uncertainty about Death and Role - The exact date of Saad’s death is unclear, and it is reported only as “sometime this year.” The death is also not completely certain, as the US does not obtain a body to conduct tests on. However, a senior US counterterrorism official will say the US is “80 to 85 percent” certain that Saad is dead. Saad had escaped from house arrest in Iran around December 2008 or January 2009 (see (Between December 2008 and January 2009)). (Kelly 7/22/2009) The relatives with whom he was imprisoned in Iran will indicate he had no involvement with terrorism during the seven years he was held in Iran. (Brown 12/23/2009) However, the counterterrorism official says Saad was active in al-Qaeda, but was not a major player. “We make a big deal out of him because of his last name,” he adds. (Kelly 7/22/2009)
Missed Intelligence Opportunity - Others point out that Saad might have been much more valuable if he’d been captured alive, if only because of what he knew about his father. Hillary Mann Leverett, a former adviser to the National Security Council, claims that the US had several opportunities to interrogate Saad during the years he was in Iran (see Spring 2002 and Mid-May 2003). She says, “The Iranians offered to work out an international framework for transferring terror suspects, but the Bush administration refused.” She adds: “We absolutely did not get the most we could. Saad bin Laden would have been very, very valuable in terms of what he knew. He probably would have been a gold mine.” (Mayer 10/26/2009)

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