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Context of 'November 2003: Rumsfeld Orders High-Value Detainee to Be Kept Off Records in Iraq'

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Donald Rumsfeld, at the request of CIA Director George Tenet, orders military officials in Iraq to keep an unnamed high-value detainee being held at Camp Cropper off the records. The order is passed down to Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, then to Gen. John P. Abizaid, the commander of American forces in the Middle East, and finally to Lt. Gen. Ricardo S. Sanchez, the ground commander in Iraq. “At each stage, lawyers reviewed the request and their bosses approved it,” the New York Times will report. “This prisoner and other ‘ghost detainees’ were hidden largely to prevent the International Committee of the Red Cross from monitoring their treatment, and to avoid disclosing their location to an enemy,” the newspaper will report, citing top officials. The prisoner—in custody since July 2003—is suspected of being a senior officer of Ansar al-Islam, an Islamic group with ties to al-Qaeda. Shortly after being captured by US forces, he was deemed an “enemy combatant” and thus denied protection under the Geneva conventions. Up until this point, the prisoner has only been interrogated once. As a result of being kept off the books, the prison system looses track of the detainee who will spend the next seven months in custody. “Once he was placed in military custody, people lost track of him,” a senior intelligence official will tell the New York Times. “The normal review processes that would keep track of him didn’t.” [New York Times, 6/17/2004; Reuters, 6/17/2004; Fox News, 6/17/2004]

Entity Tags: Ricardo S. Sanchez, Richard B. Myers, George J. Tenet, John P. Abizaid, Donald Rumsfeld

Timeline Tags: Torture of US Captives

The Army Criminal Investigation Division (CID) agent who received the Abu Ghraib prison photographs from Spc. Joseph Darby (see January 13, 2004), calls his boss, a colonel, who takes them to Lt. Gen. Ricardo S. Sanchez. [Signal Newspaper, 7/4/2004] Within three days, a report on the photos makes its way to Donald Rumsfeld, who informs President Bush, though it is not clear exactly when Bush is informed (see Late January-Mid-March 2004). [New Yorker, 5/24/2004] Within the Pentagon, few people are informed—unusually few—according to Hersh, who will later write that knowledge of the abuses were “severely, and unusually restricted.” A former intelligence official will tell him: “I haven’t talked to anybody on the inside who knew; nowhere. It’s got them scratching their heads.” Rumsfeld and his civilian staff, Lt. Gen. Ricardo S. Sanchez and Gen. John P. Abizaid, reportedly try to suppress the issue during the first months of the year. “They foresaw major diplomatic problems,” according to a Pentagon official. [New Yorker, 5/17/2004] According to one former intelligence official, the Defense Secretary’s attitude is: “We’ve got a glitch in the program. We’ll prosecute it.” The former official explains to Seymour Hersh, “The cover story was that some kids got out of control.” [New Yorker, 5/24/2004]

Entity Tags: Seymour Hersh, New Yorker, George W. Bush, Donald Rumsfeld, Criminal Investigation Division, John P. Abizaid, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

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