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Context of 'January 6, 2005: Gonzales Expresses Little Respect for, or Understanding of, International Law'

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Center for Public Integrity logo.Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
bullet Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
bullet Powell: 254, with 244 of those about Iraq’s WMD programs.
bullet Rumsfeld and Fleischer: 109 each.
bullet Wolfowitz: 85.
bullet Rice: 56.
bullet Cheney: 48.
bullet McClellan: 14.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” [Center for Public Integrity, 1/23/2008; Center for Public Integrity, 1/23/2008] The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” [Washington Post, 1/23/2008]

Entity Tags: Donald Rumsfeld, Charles Lewis, Center for Public Integrity, Bush administration (43), Bill Buzenberg, Ari Fleischer, Al-Qaeda, Colin Powell, Dan Froomkin, Richard (“Dick”) Cheney, Saddam Hussein, Condoleezza Rice, Scott McClellan, Paul Wolfowitz, George W. Bush, US Department of Defense, Mark Reading-Smith

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

MSNBC host Keith Olbermann reveals what may be a personal stake in the Bush administration’s push for immunity for telecommunications companies who helped the NSA spy on Americans (see January 28, 2008). Attorney General Michael Mukasey’s son Marc Mukasey is a partner in the law firm of Bracewell & Giuliani (the same Rudolph Giuliani who up until recently was a candidate for the Republican nomination for president). Marc Mukasey is one of the lawyers representing Verizon, one of the telecom firms being sued for cooperating with the government’s surveillance program (see May 12, 2006 and June 26, 2006). Olbermann says of the Mukasey-Giuliani connection: “Now it begins to look like the bureaucrats of the Third Reich trying to protect the Krupp family industrial giants by literally re-writing the laws for their benefit. And we know how that turned out: Alfred Krupp and eleven of his directors were convicted of war crimes at Nuremburg.” [MSNBC, 1/31/2008]

Entity Tags: National Security Agency, Alfred Krupp, Bracewell & Giuliani, Bush administration (43), Keith Olbermann, Verizon Communications, Rudolph (“Rudy”) Giuliani, Marc Mukasey, Michael Mukasey

Timeline Tags: Civil Liberties

Nick Davies, author of a new book, Flat Earth News, claims that since the 9/11 attacks, the US has engaged in a systematic attempt to manipulate world opinion on Iraq and Islamist terrorism by creating fake letters and other documents, and then releasing them with great fanfare to a credulous and complicit media.
Al-Zarqawi Letter - Davies cites as one example a 2004 letter purporting to be from al-Qaeda leader Abu Musab al-Zarqawi that became the basis of an alarming news report in the New York Times and was used by US generals to claim that al-Qaeda was preparing to launch a civil war in Iraq (see February 9, 2004). The letter is now acknowledged to have almost certainly been a fake, one of many doled out to the world’s news agencies by the US and its allies. Davies writes: “For the first time in human history, there is a concerted strategy to manipulate global perception. And the mass media are operating as its compliant assistants, failing both to resist it and to expose it.” Davies says the propaganda is being generated by US and allied intelligence agencies working without effective oversight. It functions within a structure of so-called “strategic communications,” originally designed by the US Defense Department and the North Atlantic Treaty Organization (NATO) to use what Davies calls “subtle and non-violent tactics to deal with Islamist terrorism,” but now being used for propaganda purposes. Davies notes that al-Zarqawi was never interested in working with the larger al-Qaeda network, but instead wanted to overthrow the Jordanian monarchy and replace it with an Islamist theocracy. After the 9/11 attacks, when US intelligence was scouring the region for information on al-Qaeda, Jordan supplied the US with al-Zarqawi’s name, both to please the Americans and to counter their enemy. Shortly thereafter, the US intelligence community began placing al-Zarqawi’s name in press releases and news reports. He became front-page material after being cited in Colin Powell’s UN presentation about Iraqi WMDs and that nation’s connections with al-Qaeda (see February 5, 2003). The propaganda effort had an unforeseen side effect, Davies says: it glamorized al-Zarqawi so much that Osama bin Laden eventually set aside his differences with him and made him the de facto leader of al-Qaeda in Iraq. Davies cites other examples of false propaganda besides the Zarqawi letter:
bullet Tales of bin Laden living in a lavish network of underground bases in Afghanistan, “complete with offices, dormitories, arms depots, electricity and ventilation systems”;
bullet Taliban leader Mullah Omar “suffering brain seizures and sitting in stationary cars turning the wheel and making a noise like an engine”;
bullet Iran’s ayatollahs “encouraging sex with animals and girls of only nine.”
Davies acknowledges that some of the stories were not concocted by US intelligence. An Iranian opposition group produced the story that Iranian President Mahmoud Ahmadinejad was jailing people for texting each other jokes about him. Iraqi exiles filled the American media “with a dirty stream of disinformation about Saddam Hussein.” But much of it did come from the US. Davies cites the Pentagon’s designation of “information operations” as its fifth “core competency,” along with land, air, sea, and special forces. Much of the Pentagon’s “information operations,” Davies says, is a “psyops” (psychological operations) campaign generating propaganda: it has officials in “brigade, division and corps in the US military… producing output for local media.” The psyops campaign is linked to the State Department’s campaign of “public diplomacy,” which Davies says includes funding radio stations and news Web sites. Britain’s Directorate of Targeting and Information Operations in the Ministry of Defense “works with specialists from 15 UK psyops, based at the Defense Intelligence and Security School at Chicksands in Bedfordshire.”
Some Fellow Journalists Skeptical - The Press Association’s Jonathan Grun criticizes Davies’s book for relying on anonymous sources, “something we strive to avoid.” Chris Blackhurst of the Evening Standard agrees. The editor of the New Statesman, John Kampfner, says that he agrees with Davies to a large extent, but he “uses too broad a brush.” [Independent, 2/11/2008] Kamal Ahmad, editor of the Observer, is quite harsh in his criticism of Davies, accusing the author of engaging in “scurrilous journalism,” making “wild claims” and having “a prejudiced agenda.” (Davies singles out Ahmad for criticism in his book, accusing Ahmad of being a “conduit for government announcements” from Downing Street, particularly the so-called “dodgy dossier” (see February 3, 2003).) [Independent, 2/11/2008] But journalist Francis Wheen says, “Davies is spot on.” [Independent, 2/11/2008]

Entity Tags: Mahmoud Ahmadinejad, Francis Wheen, Directorate of Targeting and Information Operations (British Ministry of Defense), Colin Powell, Chris Blackhurst, Al-Qaeda in Iraq, John Kampfner, Abu Musab al-Zarqawi, Al-Qaeda, Kamal Ahmad, US Department of Defense, Osama bin Laden, US Department of State, Saddam Hussein, North Atlantic Treaty Organization, Mullah Omar, Nick Davies, Jonathan Grun

Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda

Attorney General Michael Mukasey and Director of National Intelligence Michael McConnell write to Silvestre Reyes, the Democratic chairman of the House Intelligence Committee, about their desire to see the Protect America Act renewed. In the letter, they mention the failure to exploit NSA intercepts of calls between the 9/11 hijackers in the US and al-Qaeda’s main global communications hub, which apparently had the potential to thwart the 9/11 plot (see Early 2000-Summer 2001). They write: “[O]ne of the September 11th hijackers communicated with a known overseas terrorist facility while he was living in the United States. Because that collection was conducted under Executive Order 12333, the intelligence community could not identify the domestic end of the communication prior to September 11, 2001, when it could have stopped that attack.” [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Executive Order 12333 became law in 1981 and governed general activities by the US intelligence community. [US President, 12/4/1981] The order did allow the NSA to disseminate information about US persons to law enforcement officials in the event of an impending terrorist act. [US Congress: House Permanent Select Committee on Intelligence, 4/12/2000] The letter does not give more detailed reasons why Mukasey and McConnell think the NSA could not have traced the calls and informed the FBI of the two hijackers’ presence in the US (see (Spring 2000)). [US Department of Justice and Office of the Director of National Intelligence, 2/28/2008 pdf file] Similar incorrect statements have been made by numerous intelligence officials since December 2005, when the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).

Entity Tags: National Security Agency, Michael Mukasey, Mike McConnell, Silvestre Reyes

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush again demands that Congress reinstate the Protect America Act (PAA) (see August 5, 2007), with new provisions providing the nation’s telecommunications industry retroactive legal immunity from criminal and civil prosecution for possible crimes committed in the administration’s domestic wiretapping program (see May 12, 2006). Bush says that without such immunity, US telecom firms will be reluctant to help the administration spy on potential terrorists. The PAA is a central part of the legislative update of the 1978 Foreign Intelligence Surveillance Act (FISA) (see 1978) which mandates that any wiretaps must receive the approval of the FISA Court. Bush insists that he will veto an update to FISA without the immunity provisions, even as he asserts the country is at risk of further terrorist attacks without the FISA updates, and after letting the PAA lapse without signing an extension of the legislation into law. However, Bush blames Congress for not passing the FISA update with an immunity clause: “Congress’ failure to pass this legislation was irresponsible,” he says. “In other words, the House’s refusal to act is undermining our ability to get cooperation from private companies. And that undermines our efforts to protect us from terrorist attack.” He explains why the Democrats don’t want his bill: “House leaders are blocking this legislation, and the reason can be summed up in three words: class action lawsuits.” A spokesman for Congressional Democrats retorts: “They cannot have it both ways. If it is true that the expiration of the [surveillance law] has caused gaps in intelligence, then it was irresponsible for the president and Congressional Republicans to openly oppose an extension of the law.”
Democrats Put Trial Lawyers Before National Security? - Bush says: “The Senate bill would prevent plaintiffs’ attorneys from suing companies believed to have helped defend America after the 9/11 attacks. More than 40 of these lawsuits have been filed, seeking hundreds of billions of dollars in damages from these companies.… It is unfair and unjust to threaten these companies with financial ruin only because they are believed to have done the right thing and helped their country.” The lawsuits (see June 26, 2006) seek damages based upon violations of FISA, the Wiretap Act, the Communications Act, and the Stored Communications Act, among other laws. Bob Edgar of Common Cause says neither money nor punishment is the issue: “Innocent Americans who have had their rights violated by the telecoms deserve their day in court. If these companies did nothing wrong, then they have nothing to fear.” Bush is apparently attempting to refocus the issue as an attack on trial lawyers—traditionally a group supportive of Democrats—in saying: “Members of the House have a choice to make: They can empower the trial bar—or they can empower the intelligence community. They can help class action trial lawyers sue for billions of dollars—or they can help our intelligence officials protect millions of lives. They can put our national security in the hands of plaintiffs’ lawyers—or they can entrust it to the men and women of our government who work day and night to keep us safe.” House member John Conyers (D-MI) calls such characterizations “irresponsible” and “inaccurate.” [CBS News, 2/23/2008]

Entity Tags: Protect America Act, John Conyers, Foreign Intelligence Surveillance Court, Mike McConnell, George W. Bush, Michael Mukasey, Common Cause, Bob Edgar, Foreign Intelligence Surveillance Act, Dana Rohrbacher

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Attorney General Michael Mukasey makes an apparent reference to the intercepts of the 9/11 hijackers’ calls by the NSA before the attacks in a speech pleading for extra surveillance powers. Mukasey says: “[Officials] shouldn’t need a warrant when somebody with a phone in Iraq picks up a phone and calls somebody in the United States because that’s the call that we may really want to know about. And before 9/11, that’s the call that we didn’t know about. We knew that there has been a call from someplace that was known to be a safe house in Afghanistan and we knew that it came to the United States. We didn’t know precisely where it went.” [FORA(.tv), 3/27/2008; New York Sun, 3/28/2008] According to a Justice Department response to a query about the speech, this appears to be a reference to the Yemen hub, an al-Qaeda communications facility previously alluded to by Mukasey in a similar context (see February 22, 2008). [Salon, 4/4/2008] However, the hub was in Yemen, not Afghanistan and, although it acted as a safe house, it was primarily a communications hub (see Early 2000-Summer 2001). In addition, the NSA did not intercept one call between it and the 9/11 hijackers in the US, but several, involving both Khalid Almihdhar and Nawaf Alhazmi, not just one of the hijackers (see Spring-Summer 2000, Mid-October 2000-Summer 2001, and (August 2001)). Nevertheless, the NSA failed to inform the FBI the hub was calling the US (see (Spring 2000)). (Note: it is possible Mukasey is not talking about the Yemen hub in this speech, but some other intercept genuinely from an al-Qaeda safe house in Afghanistan—for example a call between lead hijacker Mohamed Atta in the US and alleged 9/11 mastermind Khalid Shaikh Mohammed, who may have been in Afghanistan when such call was intercepted by the NSA (see Summer 2001 and September 10, 2001). However, several administration officials have made references similar to Mukasey’s about the Yemen hub since the NSA’s warrantless wiretapping program was revealed (see December 17, 2005).)

Entity Tags: Michael Mukasey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Navy Lieutenant Commander Brian Mizer, the lawyer for Guantanamo detainee Salim Hamdan, says that senior Pentagon officials are orchestrating war crimes prosecutions for the 2008 presidential campaign. In a court brief filed on this day, Mizer describes a September 29, 2006 meeting at the Pentagon where Deputy Defense Secretary Gordon England asked lawyers to consider 9/11-related prosecutions in light of the upcoming presidential campaign. “We need to think about charging some of the high-value detainees because there could be strategic political value to charging some of these detainees before the election,” England is quoted as saying (see September 29, 2006). Pentagon spokesman Bryan Whitman refuses to discuss specifics of the case, but says that the Pentagon “has always been extraordinarily careful to guard against any unlawful command influence” in upcoming military commissions trials. Mizer says that because of England’s instructions, and other examples of alleged political interference, his client cannot get a fair trial. Three weeks before England’s observation about the “strategic political value” of the trials, President Bush disclosed that he had ordered the CIA to transfer “high-value detainees” from years of secret custody to Guantanamo for trial.
Issues 'Scrambled' - Attorney Eugene Fidell, president of the National Institute of Military Justice, says the Hamdan motion exposes the problem of Pentagon appointees’ supervisory relationship to the war court. “It scrambles relationships that ought to be kept clear,” he says. England’s statement, says Fidell, is “enough that you’d want to hold an evidentiary hearing about it, with live witnesses. It does strike me as disturbing for there to be even a whiff of political considerations in what should be a quasi-judicial determination.” Susan Crawford is the White House-appointed supervisor for the court proceedings; England is a two-term White House appointee who has supervised the prison camps’ administrative processes. Crawford, England, and other White House officials have crossed the legal barriers that separate various functions of a military court, Mizer argues. Mizer plans to call the former chief prosecutor for the Guantanamo trials, Morris Davis (see October 4, 2007), who first brought the England remark to light. Davis resigned his position after contending that political influence was interfering with the proper legal procedures surrounding the prosecution of accused war criminals.
Motion for Dismissal - Mizer’s motion asks the judge, Navy Captain Keith Allred, to dismiss the case against Hamdan as an alleged 9/11 co-conspirator on the grounds that Bush administration officials have exerted “unlawful command influence.” Hamdan is a former driver for Osama bin Laden whose lawyers successfully challenged an earlier war court format (see June 30, 2006). Hamdan’s case is on track to be the first full-scale US war crimes tribunal since World War II. [Miami Herald, 3/28/2008]

Entity Tags: Michael Hayden, Eugene R. Fidell, Central Intelligence Agency, Bryan Whitman, Brian Mizer, George W. Bush, Gordon England, Keith Allred, US Department of Defense, Salim Ahmed Hamdan, Susan Crawford, Morris Davis, Osama bin Laden

Timeline Tags: Torture of US Captives, Civil Liberties, 2008 Elections

Some media outlets pick up on a claim made by Attorney General Michael Mukasey on March 27, 2008, when he said that the US intercepted a call to a 9/11 hijacker in the US from an al-Qaeda safe house in Afghanistan (see March 27, 2008). This was possibly a garbled reference to an al-Qaeda hub in Yemen (see Early 2000-Summer 2001) mentioned by several administration officials since the NSA’s warrantless wiretapping story was exposed (see December 17, 2005). The San Francisco Chronicle notes that Mukasey “did not explain why the government, if it knew of telephone calls from suspected foreign terrorists, hadn’t sought a wiretapping warrant from a court established by Congress to authorize terrorist surveillance, or hadn’t monitored all such calls without a warrant for 72 hours as allowed by law.” [San Francisco Chronicle, 3/28/2008] Salon commentator and former civil rights litigator Glenn Greenwald will attack Mukasey over the story, commenting, “These are multiple falsehoods here, and independently, this whole claim makes no sense.” [Salon, 3/29/2008; Salon, 4/4/2008]
9/11 Commission Comment - In response to a query from Greenwald, former 9/11 Commission executive director Philip Zelikow comments: “Not sure of course what [Mukasey] had in mind, although the most important signals intelligence leads related to our report… was not of this character. If, as he says, the [US government] didn’t know where the call went in the US, neither did we.” [Salon, 4/3/2008] (Note: the 9/11 Commission report may actually contain two cryptic references to what Mukasey is talking about (see Summer 2002-Summer 2004).) [9/11 Commission, 7/24/2004, pp. 87-88, 222] Former 9/11 Commission vice chairman Lee Hamilton initially refuses to comment, but later says: “I am unfamiliar with the telephone call that Attorney General Mukasey cited in his appearance in San Francisco on March 27. The 9/11 Commission did not receive any information pertaining to its occurrence.” [Salon, 4/3/2008; Salon, 4/8/2008]
Other Media - The topic will also be covered by Raw Story and mentioned by MSNBC host Keith Olbermann, who also attacks Mukasey: “What? The government knew about some phone call from a safe house in Afghanistan into the US about 9/11? Before 9/11?” He adds: “Either the attorney general just admitted that the government for which he works is guilty of malfeasant complicity in the 9/11 attacks, or he’s lying. I’m betting on lying.” [Raw Story, 4/1/2008; MSNBC, 4/1/2008; Raw Story, 4/3/2008] The story is also picked up by CBS commentator Kevin Drum, who appears to be unaware that information about some NSA intercepts of the hijackers’ calls was first made public by the Congressional Inquiry five years previously. However, Drum comments: “[T]his deserves some followup from the press. Mukasey has spoken about this in public, so if he’s claiming that FISA prevented us from intercepting a key call before 9/11 he also needs to defend that in public.” [CBS, 4/3/2008; CBS, 4/4/2008] A group of Congressmen also formally asks the Justice Department for an explanation of the matter (see April 3, 2008).

Entity Tags: Michael Mukasey, Kevin Drum, Lee Hamilton, Philip Zelikow, US Department of Justice, Glenn Greenwald, Keith Olbermann

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The American Civil Liberties Union (ACLU) secures an 81-page memo from March 14, 2003 that gave Pentagon officials legal justification to ignore laws banning torture (see March 14, 2003). The Justice Department memo was written by John Yoo, then a top official at the Office of Legal Counsel, on behalf of then-Pentagon General Counsel William J. Haynes. It guides Pentagon lawyers on how to handle the legal issues surrounding “military interrogations of alien unlawful combatants held outside the United States.” According to Yoo’s rationale, if a US interrogator injured “an enemy combatant” in a way that might be illegal, “he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” That motive, Yoo opines, justifies extreme actions as national self-defense. While the existence of the memo has been known for some time, this is the first time the public has actually seen the document. This memo is similar to other Justice Department memos that define torture as treatment that “shock[s] the conscience” and risks organ failure or death for the victim. Legal scholars call the memo evidence of “the imperial presidency,” but Yoo, now a law professor at the University of California at Berkeley, says the memo is unremarkable, and is “far from inventing some novel interpretation of the Constitution.” The ACLU receives the document as the result of a Freedom of Information Act (FOIA) request from itself, the New York Civil Liberties Union, and other organizations filed in June 2004 to obtain documents concerning the treatment of prisoners kept abroad. The Yoo memo is one of the documents requested. [John C. Yoo, 3/14/2003 pdf file; United Press International, 4/2/2008; American Civil Liberties Union, 4/2/2008] According to the ACLU, the memo not only allows military officials to ignore torture prohibitions, but allows the president, as commander in chief, to bypass both the Fourth and Fifth Amendments (see April 2, 2008). [American Civil Liberties Union, 4/2/2008] The Fourth Amendment grants the right for citizens “to be secure in their persons” and to have “probable cause” shown before they are subjected to “searches and seizures.” The Fifth Amendment mandates that citizens cannot be “deprived of life, liberty, or property, without due process of law.” [Cornell University Law School, 8/19/2007] Amrit Singh, an ACLU attorney, says: “This memo makes a mockery of the Constitution and the rule of law. That it was issued by the Justice Department, whose job it is to uphold the law, makes it even more unconscionable.” [American Civil Liberties Union, 4/2/2008]

Entity Tags: William J. Haynes, Office of Legal Counsel (DOJ), New York Civil Liberties Union, Al-Qaeda, US Department of Justice, American Civil Liberties Union, John C. Yoo, Amrit Singh, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, the author of the just-released 2003 torture memo that advocated virtually unlimited presidential powers and asserted that US military can torture terrorist suspects (see March 14, 2003 and April 1, 2008), says that the memo is anything but extraordinary, and accuses his Justice Department successors of giving in to political pressures. Yoo is a former Justice Department official who now teaches law at the University of California at Berkeley. Yoo says the Justice Department altered its opinions “for appearances’ sake,” and his successors “ignored the Department’s long tradition in defending the president’s authority in wartime.” The memo did not “invent… some novel interpretation of the Constitution… our legal advice to the president, in fact, was near boilerplate.” [Washington Post, 4/2/2008] Yoo says that memos such as his sacrificed sensibility for exactitude, and asserts that he felt it necessary to be as detailed and specific as possible. “You have to draw the line. What the government is doing is unpleasant. It’s the use of violence. I don’t disagree with that. But I also think part of the job unfortunately of being a lawyer sometimes is you have to draw those lines. I think I could have written it in a much more—we could have written it in a much more palatable way, but it would have been vague.” [Washington Post, 4/6/2008] Others do not agree with Yoo’s defense (see April 2-4, 2008).

Entity Tags: US Department of Justice, John C. Yoo, University of California at Berkeley

Timeline Tags: Torture of US Captives, Civil Liberties

A group of congressmen led by House Judiciary Committee Chairman John Conyers (D-MI) asks for an explanation of a recent statement by Attorney General Michael Mukasey about a pre-9/11 NSA intercept of a call to the 9/11 hijackers in the US (see March 27, 2008 and March 29, 2008). The group calls Mukasey’s statement “disturbing” and says it “appears to suggest a fundamental misunderstanding of the federal government’s existing surveillance authority to combat terrorism, as well as possible malfeasance by the government prior to 9/11.” Mukasey had implied that the law prior to 9/11 did not allow the call to be traced, but the congressmen state: “[I]f the administration had known of such communications from suspected terrorists, they could and should have been intercepted based on existing FISA law.… [A]s of 9/11 FISA specifically authorized such surveillance on an emergency basis without a warrant for a 48 hour period.” They ask Mukasey to clarify his comments. The congressmen also ask about a secret Justice Department memo regarding the president’s powers in wartime in the US (see April 1, 2008). [Raw Story, 4/3/2008]

Entity Tags: John Conyers, Michael Mukasey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives

Author and former civil litigator Glenn Greenwald writes that he is angered, but not particularly shocked, at the US mainstream media’s failure to provide in-depth, extensive coverage of the recently released 2003 torture memo (see March 14, 2003 and April 1, 2008) and another memo asserting that the Bush administration had declared the Fourth Amendment null and void in reference to “domestic military operations” inside the US (see April 2, 2008). Greenwald also notes the lack of coverage of a recent puzzling comment by Attorney General Michael Mukasey about 9/11 (see March 27, 2008). Instead, Greenwald notes, stories about the Democratic presidential campaign (including criticism over Barack Obama’s relationship with his former pastor, Jeremiah Wright, and Obama’s recent bowling scores) have dominated press coverage. According to a recent NEXIS search, these various topics have been mentioned in the media in the last thirty days:
bullet “Yoo and torture” (referring to John Yoo, the author of the two memos mentioned above)—102.
bullet “Mukasey and 9/11”—73.
bullet “Yoo and Fourth Amendment”—16.
bullet “Obama and bowling”—1,043.
bullet “Obama and Wright”—More than 3,000 (too many to be counted).
bullet “Obama and patriotism”—1,607.
bullet “Clinton and Lewinsky”—1,079. [Salon, 4/5/2008]
(For the record, on March 30, Obama went bowling in Pennsylvania during a campaign stop, in the company of Senator Bob Casey (D-PA). Newsmax is among the many media outlets that provided play-by-play coverage of Obama’s abysmal performance on the lanes—he scored a 37. The site reported that Obama lost “beautifully” and was “way out of his league.”) [NewsMax, 3/31/2008]
Media Attacks Obama's 'Elitism' - The Washington Post’s Howard Kurtz gives over much of his column to a discussion of Obama’s eating and bowling habits, making the argument, according to Greenwald, that Obama is “not a regular guy but an arrogant elitist.” Kurtz defends his argument by compiling a raft of “similar chatter about this from Karl Rove” and others. Bloomberg’s Margaret Carlson spent a week’s worth of columns calling Obama’s bowling his biggest mistake, a “real doozy.” MSNBC reported that Obama went bowling “with disastrous consequences.” Greenwald notes that the media “as always,” takes “their personality-based fixations from the right, who have been promoting the Obama is an arrogant, exotic, elitist freak narrative for some time.” In this vein, Time’s Joe Klein wrote of what he called Obama’s “patriotism problem,” saying that “this is a chronic disease among Democrats, who tend to talk more about what’s wrong with America than what’s right.” Greenwald notes, “He trotted it all out—the bowling, the lapel pin, Obama’s angry, America-hating wife, ‘his Islamic-sounding name.’” Greenwald calls the media fixation on Obama’s bowling and his apparent failure to be a “regular guy” another instance of their “self-referential narcissism—whatever they sputter about is what ‘the people’ care about, and therefore they must keep harping on it, because their chatter is proof of its importance. They don’t need Drudge to rule their world any longer because they are Matt Drudge now.” [Salon, 4/5/2008]

Entity Tags: Michael Mukasey, Matt Drudge, Richard (“Dick”) Cheney, MSNBC, Joe Klein, Barack Obama, Bob Casey, Jr, Bush administration (43), George W. Bush, Glenn Greenwald, Margaret Carlson, Jeremiah A. Wright Jr, Howard Kurtz, NewsMax

Timeline Tags: Torture of US Captives, Domestic Propaganda, 2008 Elections

The press reports that, beginning in the spring of 2002, top Bush administration officials approved specific details about how terrorism suspects would be interrogated by the CIA. The officials issued their approval as part of their duties as the National Security Council’s Principals Committee (see April 2002 and After). [ABC News, 4/9/2008] The American Civil Liberties Union’s Caroline Fredrickson says: “With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House. This is what we suspected all along.” [Associated Press, 4/10/2008]

Entity Tags: Caroline Fredrickson, Bush administration (43), Principals Committee, American Civil Liberties Union

Timeline Tags: Torture of US Captives, Civil Liberties

The American Civil Liberties Union (ACLU) releases Defense Department documents that confirm the military’s use of illegal interrogation methods on detainees held in US custody in Afghanistan. The documents, obtained through a Freedom of Information Act lawsuit, are from an Army Criminal Investigation Division (CID) probe. The ACLU’s Amrit Singh says: “These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan. Rather than putting a stop to these systemic abuses, senior officials appear to have turned a blind eye to them.” In the CID reports, Special Operations officers in Gardez, Afghanistan, admitted to using what are known as Survival, Evasion, Resistance, and Escape (SERE) techniques, which for decades American service members experienced as training to prepare for the brutal treatment they might face if captured (see December 2001, January 2002 and After, and July 2002). At least eight prisoners in custody at Gardez were beaten, burned, and doused with cold water before being placed into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in US custody (see March 16, 2003). Subsequent investigations ignored numerous witness statements describing torture; Naseer was eventually declared dead due to a “stomach ailment.” The documents also provide evidence showing that prisoners were sodomized. “These documents raise serious questions about the adequacy of the military’s investigations into prisoner abuse,” says Singh. [American Civil Liberties Union, 4/16/2008]

Entity Tags: Amrit Singh, American Civil Liberties Union, Criminal Investigation Division, Jamal Naseer, US Department of Defense

Timeline Tags: Torture of US Captives

The Justice Department launches an investigation into whether its former officials acted properly in advising President Bush that his wartime authority trumped domestic law, United Nations treaties, and international bans on torture. The investigation hinges on a March 2003 memo written by then-Office of Legal Counsel lawyer John Yoo that approved of Bush officials’ intent to use torture (see March 14, 2003). Senator Sheldon Whitehouse (D-RI) says the investigation will “help us discover what went wrong and how to put it right.” Whitehouse continues, “The abject failure of legal scholarship in the Office of Legal Counsel’s analysis of torture suggests that what mattered was not that the reasoning was sound, or that the research was comprehensive, but that it delivered what the Bush administration wanted.” Justice Department spokesman Brian Roehrkasse says that the investigation is part of an overall investigation that has been underway for years. [Associated Press, 4/17/2008]

Entity Tags: US Department of Justice, Brian Roehrkasse, George W. Bush, Sheldon Whitehouse, Office of Legal Counsel (DOJ), John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The Washington Post reports that at least two dozen current and former detainees at Guantanamo Bay claim that they were given drugs against their will, or witnessed other inmates being drugged. These detainees believe that they were drugged in order to force confessions of terrorist ties from them (see 2002-2005). The CIA and the Defense Department deny using drugs in their interrogations, and suggest that such claims are either lies or mistaken interpretations of routine medical treatment.
Claims Bolstered by Justice Department Memo - But the claims are bolstered by the recent revelation of a 2003 Justice Department memo that explicitly condoned the use of drugs on detainees (see March 14, 2003). The memo, written by then-Justice Department lawyer John Yoo, reversed a decades-old US ban on the use of “mind-altering substances” on prisoners. Instead, Yoo wrote, drugs could indeed be used as long as they did not inflict permanent or “profound” psychological damage. US law “does not preclude any and all use of drugs,” Yoo wrote. The claims are also given weight by a 2004 statement from the commander of a detention facility in Afghanistan, who alluded to the CIA drugging detainees (see February 2004).
Drugging Detainees a Gross Violation of Anti-Torture Treaties - Legal experts and human rights groups are calling for a full accounting, including release of detailed prison medical records. They say that forcing drugs on detainees for non-medical reasons is a particularly serious violation of international treaties banning torture. Medical ethics expert Leonard Rubinstein, the president of Physicians for Human Rights, says: “The use of drugs as a form of restraint of prisoners is both unlawful and unethical. These allegations demand a full inquiry by Congress and the Department of Justice.” Scott Allen, the co-director of the Center for Prisoner Health and Human Rights, says that there are no accepted medical standards for the use of drugs to interrogate or subjugate prisoners. Any such use “would have to be considered an experimental use of medicine.… The involvement of physicians and other health professionals in such a program would be a profound betrayal of medical trust and needs to be investigated further.” The Geneva Conventions do not specifically refer to drugs, but they ban any use of force or coercion in interrogating prisoners of war. Law professor Barbara Olshansky, the author of a book on military tribunals, says: “If you’re talking about interrogations, you’re talking about very specific prohibitions that mean you cannot use any force, at all, to interrogate someone. The law is beyond clear.”
Team of Guards Present - When inmates were injected or forced to take pills, former detainees claim, the personnel administering the drugs were always accompanied by a squad of specially equipped guards known as the “Immediate Reaction Force” to handle any possible violent reactions from the drugged inmates. One former detainee who was later released without charge, Ruhel Ahmed, recalls that the guards wore padded gear and “forced us to have injections.” Ahmed recalls, “You are not allowed to refuse it and you don’t know what it is for.” He says he was given about a dozen injections, which “had the effect of making me feel very drowsy.”
No Solid Evidence of Claims - No evidence of such drugging is known to the public, outside of detainee claims of effects from the injections that range from unnatural drowsiness to full-blown hallucinations. Former US intelligence officials have acknowledged giving sedatives to terror suspects before transporting them from one facility to another (see May 1, 2002). Former Navy general counsel Alberto Mora, who attempted without success to resist the Bush administration’s decision to use harsh interrogation tactics against detainees (see December 17-18, 2002), says he knows of no instances where detainees were drugged as part of their questioning. However, he adds, the detainees “knew they were being injected with something, and it is clear from all accounts that some suffered severe psychological damage.” Emi MacLean, a lawyer for the Center for Constitutional Rights (CCR), an organization which represents dozens of current and former detainees, says that many former detainees have clear and disturbing memories of being forcibly drugged. “Many speak about forced medication at Guantanamo without knowledge about what medication they were being forced to take,” MacLean says. “For some released [military] detainees, the forced medication they experienced was the most traumatic part” of their captivity. Other detainees have claimed, in interviews and statements provided by their lawyers, to have had injections and/or pills forcibly administered to them. One former detainee, French national Mourad Benchellali, says that during his three years at Guantanamo he was given treatments that were described to him as antibiotics or vitamins, yet they left him in what he describes as a mental fog. “These medicines gave us headaches, nausea, drowsiness,” Benchellali recalls. “But the effects were different for different detainees. Some fainted or threw up. Some had reactions such as pimples.” Other injections, often administered by force, left him and other detainees nauseated and light-headed, he says. “We were always tired and always felt groggy.” Detainee Moazzam Begg says that he believes he was given legitimate medications, but in improper dosages by poorly trained prison workers. Once, while being treated with pills for a panic attack, he began to hallucinate. “I saw things moving when they were not,” he recalls. “I talked to myself. I cried, laughed and sat immobile in a corner for hours. All of this was noted by the MPs and recorded.”
Use of Hallucinogens on Recalcitrant Prisoners? - Benchellali says that a different type of injection was used on detainees who were particularly uncooperative. His recollections are echoed by statements from four other detainees. “The injection would make them crazy,” he recalls. “They would have a crisis or dementia—yelling, no longer sleeping, soiling themselves. Some of us suspected they were given LSD.” Center for Constitutional Rights attorney J. Wells Dixon says the government seems to have given drugs to detainees whose extended captivity made them distraught or rebellious. “Many of these men have become desperately suicidal,” Dixon says. “And the government’s response has been to administer more medication, often without the consent of the prisoners.” [Washington Post, 4/22/2008]

Entity Tags: John C. Yoo, Central Intelligence Agency, Center for Prisoner Health and Human Rights, Center for Constitutional Rights, Barbara Olshansky, Alberto Mora, Emi MacLean, J. Wells Dixon, Mourad Benchellali, Scott Allen, Physicians for Human Rights, Geneva Conventions, Moazzam Begg, US Department of Justice, Leonard Rubinstein, US Department of Defense, Rhuhel Ahmed

Timeline Tags: Torture of US Captives

The Justice Department is investigating four cases of alleged selective prosecution, including the prosecution and overturned conviction of Wisconsin government official Georgia Thompson by former US Attorney Steven Biskupic (see April 5, 2007). The department’s Office of Professional Responsibility (OPR) informs the House Judiciary Committee of the investigations, in a letter signed by OPR chief H. Marshall Jarrett. Since Thompson’s conviction was overturned over a year ago, her prosecution has been widely criticized as giving the appearance of being politically motivated (see April 7-10, 2007, April 16, 2007, and April 24, 2007). Committee members John Conyers (D-MI), Tammy Baldwin (D-WI), and Linda Sanchez (D-CA) are spearheading the committee’s probe into the Thompson prosecution. Many suspect that Biskupic prosecuted Thompson in order to avoid being fired in the 2006 US Attorney purge (see March 10, 2006, December 7, 2006, and December 20, 2006). Biskupic has denied knowing he was being considered for termination before he opened his prosecution of Thompson (see March 2, 2005), though he has also admitted to learning about being on the “purge” list after the fact (see April 14, 2007). After he opened that investigation, his name disappeared from the list. [WisPolitics Courtwatch Blog, 5/23/2008; Capital Times, 5/29/2008]

Entity Tags: Office of Professional Responsibility, Georgia Lee Thompson, H. Marshall Jarrett, Linda Sanchez, Tammy Baldwin, John Conyers, US Department of Justice, Steven M. Biskupic

Timeline Tags: Civil Liberties

The House Judiciary Committee releases a May 5 letter written to Chairman John Conyers (D-MI) by the Justice Department’s Office of Professional Responsibility (OPR—see May 5, 2008). The letter advises Conyers that OPR is investigating “allegations of selective prosecution relating to the prosecutions of Don Siegelman, Georgia Thompson, and Oliver Diaz and Paul Minor.” The House and Senate Judiciary Committees are investigating widespread allegations of politically-driven prosecutions by the Justice Department under the Bush administration. Former Governor Don Siegelman (D-AL) is facing bribery charges. Georgia Thompson is a former Wisconsin state employee convicted of corruption by US Attorney Steven Biskupic (see April 14, 2007), but who was set free after an appeals court found the case against her irreparably flawed. Diaz, a former Mississippi State Supreme Court justice, and Minor, a Mississippi lawyer, were both prosecuted by US Attorney Dunn Lampton, and the cases for both are being investigated by the House Judiciary Committee as being possibly driven by partisan political interests. [TPM Muckraker, 2/25/2008; TPM Muckraker, 5/22/2008; Talking Points Memo, 2011]

Entity Tags: John Conyers, Bush administration (43), Don E. Siegelman, House Judiciary Committee, Senate Judiciary Committee, Steven M. Biskupic, Oliver Diaz, Paul Minor, Dunn O. Lampton

Timeline Tags: Civil Liberties

The American Civil Liberties Union (ACLU) releases several heavily redacted documents detailing the CIA’s use of waterboarding as well as a similarly redacted CIA Office of Inspector General (OIG) report on the CIA’s interrogation and detention program. The documents are obtained through a Freedom of Information Act lawsuit. In addition, Judge Alvin Hellerstein has “preliminarily overruled” CIA assertions that other documents it is withholding are exempt from the lawsuit. ACLU senior official Jameel Jaffer says: “Even a cursory glance at these heavily redacted documents shows that the CIA is still withholding a great deal of information that should be released. This information is being withheld not for legitimate security reasons but rather to shield government officials who ought to be held accountable for their decisions to break the law.”
OIG Report References Classified OLC Torture Memo - The OIG report contains references to an as-yet unreleased Justice Department Office of Legal Counsel (OLC) memo from August 2002 authorizing an array of brutal interrogation methods (see August 1, 2002). (The OIG report calls the memo “unclassified.”)
As-Yet Unreleased Documents - If Hellerstein follows through on his preliminary ruling, the CIA could be forced to disgorge three more documents:
bullet A September 17, 2001 CIA presidential directive setting up secret CIA detention centers abroad (see September 17, 2001);
bullet An August 2002 OLC memo authorizing the CIA to use particular interrogation methods (see August 1, 2002);
bullet CIA documents gathered by the CIA’s inspector general in the course of investigations into unlawful and improper conduct by CIA personnel.
ACLU attorney Amrit Singh says: “We welcome the court’s preliminary ruling rejecting the CIA’s attempt to withhold records relating to its unlawful treatment of prisoners. If sustained, this ruling would be a historic victory that could compel the CIA to publicly disclose for the first time meaningful records relating to its use of torture.” [American Civil Liberties Union, 5/27/2008] The documents will be released two months later (see July 24, 2008).

Entity Tags: Jameel Jaffer, Alvin K. Hellerstein, American Civil Liberties Union, Central Intelligence Agency, Office of the Inspector General (CIA), Amrit Singh, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Aerial photo of Diego Garcia island.Aerial photo of Diego Garcia island. [Source: Department of Defense]British Conservative MP Andrew Tyrie, who chairs the all-party Parliamentary group on extraordinary rendition, files a formal complaint with the government’s Information Commissioner over the government’s use of the island of Diego Garcia for the rendition of US prisoners to foreign countries for interrogation and possibly torture (see After February 7, 2002 and June 2, 2008). Diego Garcia is a large atoll in the Indian Ocean under British jurisdiction, and hosts a large British-American military base (see July 27, 1971-May 26, 1973). Tyrie says he decided to make the complaint to learn if Britain was in breach of its obligations under the UN Convention Against Torture (see October 21, 1994). The British government has recently admitted that at least two US rendition planes used Diego Garcia as a refueling base in 2002 (see December 2001-January 2002). “The foreign secretary has been forced to admit that two rendition planes refueled at Diego Garcia, despite explicit US assurances to the [British] government that no such flights had taken place,” Tyrie says. “Clearly people will conclude that these assurances are worthless.… But in response to requests by me the government has twice refused to release the terms of these assurances. Their disclosure will allow for a legal assessment of whether or not [Britain] has breached its obligations under the convention against torture, both with respect to Diego Garcia and to rendition generally.” Tyrie’s complaint requests that Foreign Secretary David Milbrand name the prisoners rendered through Diego Garcia by the US. Milbrand has already apologized to Parliament about falsely claiming that no US rendition flights have ever used Diego Garcia as a refueling base; other British government officials have issued similar denials (see January 8, 2003). But Manfred Novak, the UN special investigator on torture, says that he has credible evidence that detainees were held on Diego Garcia between 2002 and 2003. Human rights attorney Clive Stafford Smith says he believes two of the detainees were Mohammed Saad Iqbal Madni (see Early January-January 9, 2002 and March 2004) and Ibn al-Shaykh al-Libi (see December 19, 2001 and January 2002 and After), though he cannot be sure since neither the US nor British governments are releasing the names of potential detainees kept at Diego Garcia. In 2007, a Council of Europe investigation into extraordinary rendition will learn that US agencies use Diego Garcia in the “processing” of “high-value detainees.” [Guardian, 6/2/2008; Guardian, 6/2/2008]

Entity Tags: Mohammed Saad Iqbal Madni, David Miliband, Manfred Novak, Andrew Tyrie, Clive Stafford Smith, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, US-Britain-Diego Garcia (1770-2004)

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Attorney General Michael Mukasey requesting access to the transcripts of interviews by President Bush and Vice President Cheney regarding the “outing” of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). The interviews were conducted as part of the investigation of former Vice Presidential Chief of Staff Lewis “Scooter” Libby by special prosecutor Patrick Fitzgerald. Waxman notes that he made a similar request in December 2007 which has gone unfulfilled (see December 3, 2007). Waxman wants the reports from Bush and Cheney’s interviews, and the unredacted reports from the interviews with Libby, former White House Deputy Chief of Staff Karl Rove, former White House press secretary Scott McClellan, former National Security Adviser Condoleezza Rice, former White House aide Cathie Martin, “and other senior White House officials.” Information revealed by McClellan in conjuction with his new book What Happened, including McClellan’s statement that Bush and Cheney “directed me to go out there and exonerate Scooter Libby,” and his assertion that “Rove, Libby, and possibly Vice President Cheney… allowed me, even encouraged me, to repeat a lie,” adds to evidence from Libby’s interviews that Cheney may have been the source of the information that Wilson worked for the CIA. For Cheney to leak Wilson’s identity, and to then direct McClellan to mislead the public, “would be a major breach of trust,” Waxman writes. He adds that no argument can be made for withholding the documents on the basis of executive privilege, and notes that in 1997 and 1998, the Oversight Committee demanded and received FBI interviews with then-President Clinton and then-Vice President Gore without even consulting the White House. [US House of Representatives, 6/3/2008; TPM Muckraker, 6/3/2008]

Entity Tags: William Jefferson (“Bill”) Clinton, Karl C. Rove, Richard (“Dick”) Cheney, George W. Bush, Henry A. Waxman, Condoleezza Rice, Albert Arnold (“Al”) Gore, Jr., Catherine (“Cathie”) Martin, Scott McClellan, House Committee on Oversight and Government Reform, Lewis (“Scooter”) Libby, Michael Mukasey

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

The Senate Intelligence Committee releases its long-awaited “Phase II” report on the Bush administration’s use of intelligence in convincing the country that it was necessary to invade Iraq. According to the report, none of the claims made by the administration—particularly that Iraq had WMD and that its government had working ties with Islamist terror organizations such as al-Qaeda—were based in any intelligence reporting. The committee released “Phase I” of its report in July 2004, covering the quality of intelligence used in making the case for war; the second phase was promised “soon afterwards” by the then-Republican leadership of the committee, but nothing was done until after Democrats took over the committee in November 2006. The report is the product of what the Associated Press calls “nasty partisan fight[ing]” among Republicans and Democrats, and largely fails to reveal much information that has not earlier been reported elsewhere. [Associated Press, 6/5/2008] The report is bipartisan in that two Republican committee members, Olympia Snowe (R-ME) and Chuck Hagel (R-NE), joined the committee’s Democrats to sign the report. [Hill, 6/5/2008]
False Linkages between Iraq, Al-Qaeda - Time magazine notes that the report “doesn’t break any new ground,” but tries “to make the case that President Bush and his advisers deliberately disregarded conflicting intel and misled Americans on the severity of the Iraqi threat.” Committee chairman John D. Rockefeller (D-WV) says: “It is my belief that the Bush administration was fixated on Iraq, and used the 9/11 attacks by al-Qaeda as justification for overthrowing Saddam Hussein. To accomplish this, top administration officials made repeated statements that falsely linked Iraq and al-Qaeda as a single threat.” [Time, 6/6/2008]
Examination of Five Speeches - The report looks at the statements of current and former Bush administration officials such as President Bush, Vice President Cheney, Secretary of State Colin Powell, and Defense Secretary Donald Rumsfeld, between October 2002 and the actual invasion of Iraq in March 2003 (see January 23, 2008), largely focusing on five speeches:
bullet Cheney’s speech to the Veterans of Foreign Wars National Convention (see August 26, 2002);
bullet Bush’s statement to the UN General Assembly (see September 12, 2002);
bullet Bush’s speech in Cincinnati (see October 7, 2002);
bullet Bush’s State of the Union speech (see 9:01 pm January 28, 2003);
bullet and Powell’s presentation to the United Nations Security Council (see February 5, 2003).
The report contrasts these speeches and statements to intelligence reports that have since then been released. The report only assesses the veracity of public comments made by Bush officials, and does not delve into any possible behind-the-scenes machinations by those officials or their surrogates. Some of the report’s conclusions:
bullet “Statements which indicated that [Saddam] Hussein was prepared to give WMDs to terrorists were inconsistent with existing intelligence at the time, as were statements that suggested a partnership between the two.”
bullet “Claims that airstrikes on their own would not be sufficient to destroy purported chemical and biological weapons in Iraq were unsubstantiated.”
bullet “Most statements that supported the theory that Hussein had access to or the capacity to build chemical, biological, or even nuclear weapons did not take into account the disagreements between intelligence agencies as to the credibility of the WMD allegations.”
'Statements beyond What the Intelligence Supported' - Rockefeller says the administration concealed information that contradicted their arguments that an invasion was necessary. “We might have avoided this catastrophe,” he says. The report finds that while many of the administration’s claims were supported by at least some intelligence findings, the administration routinely refused to mention dissents or uncertainties expressed by intelligence analysts about the information being presented. The committee’s five Republicans assail the report as little more than election-year partisanship, and accuse Democrats of using the report to cover for their own members, including Rockefeller and Carl Levin (D-MI), who supported the administration’s push for war at the time. [Senate Intelligence Committee, 6/5/2008 pdf file; Associated Press, 6/5/2008; Time, 6/6/2008] Rockefeller answers the Republican charges by saying, “[T]here is a fundamental difference between relying on incorrect intelligence and deliberately painting a picture to the American people that you know is not fully accurate.” Committee member Dianne Feinstein (D-CA) writes in a note attached to the report: “Even though the intelligence before the war supported inaccurate statements, this administration distorted the intelligence in order to build its case to go to war. The executive branch released only those findings that supported the argument, did not relay uncertainties, and at times made statements beyond what the intelligence supported.” [Huffington Post, 6/5/2008]

Entity Tags: Chuck Hagel, John D. Rockefeller, Colin Powell, Dianne Feinstein, Donald Rumsfeld, Bush administration (43), Carl Levin, Olympia Snowe, Al-Qaeda, Richard (“Dick”) Cheney, George W. Bush, Senate Intelligence Committee, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The Supreme Court rules 5-4 that foreign terror suspects held without charge at Guantanamo Bay have the Constitutional right to challenge their detention in US civilian courts. The Court splits along ideological lines, with the more liberal and moderate members supporting the finding, and the more conservative members opposing it. Justice Anthony Kennedy, considered a centrist, writes the ruling. He writes, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The ruling specifically strikes down the portion of the Military Commissions Act (see October 17, 2006) that denies detainees their habeas corpus rights to file petitions. [Associated Press, 6/12/2008; Associated Press, 6/12/2008] The case is Boumediene v. Bush, and was filed in the Supreme Court in March 2007 on behalf of Lakhdar Boumediene, a Bosnian citizen held in the Guantanamo camp since 2002 (see January 18, 2002). It was combined with a similar case, Al Odah v United States (see October 20, 2004). [Oyez (.org), 6/2007; Jurist, 6/29/2007]
'Stinging Rebuke' for Bush Administration - The ruling is considered a serious setback for the Bush administration (a “stinging rebuke,” in the words of the Associated Press), which insists that terror suspects detained at Guantanamo and elsewhere have no rights in the US judicial system. It is unclear whether the ruling will lead to prompt hearings for detainees [Associated Press, 6/12/2008; Associated Press, 6/12/2008] ; law professor James Cohen, who represents two detainees, says, “Nothing is going to happen between June 12 and January 20,” when the next president takes office. Justice Department spokesman Peter Carr says the decision will not affact war crimes trials already in the works: “Military commission trials will therefore continue to go forward.”
Scalia: Ruling Will 'Cause More Americans to Be Killed' - President Bush says he disagrees with the ruling, and says he may seek new legislation to keep detainees under lock and key. Justice Antonin Scalia, the leader of the Court’s ideological right wing, agrees; in a “blistering” dissent, he writes that the decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.” In his own dissent, Chief Justice John Roberts argues that the ruling strikes down “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.” Joining Scalia and Roberts in the minority are Justices Samuel Alito and Clarence Thomas. Voting in the majority are Kennedy and Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter, and John Paul Stevens.
Military Tribunals 'Doomed,' Says Navy Lawyer - Former Navy lawyer Charles Swift, who argued a similar case before the Supreme Court in Hamdan v Rumsfeld (see June 30, 2006), says he believes the ruling removes any legal basis for keeping Guantanamo open, and says that military tribunals are “doomed.” The entire rationale for Guantanamo and the tribunals, Swift says, is the idea that “constitutional protections wouldn’t apply.” But now, “The court said the Constitution applies. They’re in big trouble.” Democrats and many human rights organizations hail the ruling as affirming the US’s commitment to the rule of law; some Republican lawmakers say the ruling puts foreign terrorists’ rights over the safety of the American people. Vincent Warren, the head of the Center for Constitutional Rights, says: “The Supreme Court has finally brought an end to one of our nation’s most egregious injustices. By granting the writ of habeas corpus, the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation’s founding.” [Associated Press, 6/12/2008]

Entity Tags: Stephen Breyer, Vincent Warren, US Supreme Court, Samuel Alito, Military Commissions Act, Peter Carr, Bush administration (43), Antonin Scalia, Anthony Kennedy, Charles Swift, Clarence Thomas, David Souter, George W. Bush, Lakhdar Boumediene, Ruth Bader Ginsburg, John Paul Stevens, James Cohen, John G. Roberts, Jr, US Department of Justice

Timeline Tags: Civil Liberties

An internal Justice Department (DOJ) audit by the department’s Office of Professional Responsibility (OPR) that found the department’s hiring practices were politically motivated in some instances has led critics to renew charges that DOJ officials, including US Attorneys, may have brought groundless charges against Democrats in order to affect elections. The audit, the results of which were recently made public, found that Bush administration officials implemented a policy in 2002 to screen out applicants with liberal or Democratic affiliations. The audit found that such disqualifications “constituted misconduct and also violated the department’s policies and civil service law that prohibit discrimination in hiring based on political or ideological affiliation.” Former Governor Don Siegelman (D-AL), convicted of bribery charges that he has said were politically motivated, says, “[The audit] validates and verifies what we all knew was taking place, and that is that under [the Bush administration] the Justice Department has been politicized and used as a political tool.” The OPR is investigating several cases, including Siegelman’s, along with charges filed against Mississippi Supreme Court Justice Oliver Diaz Jr. and Wisconsin state procurement official Georgia Thompson (see May 5, 2008 and May 22, 2008). Federal prosecutors have denied the cases were filed for any political reasons, prompting House Judiciary Committee Chairman John Conyers (D-MI) to say, “The department’s bald denials that politics never affected the cases under investigation simply cannot be taken at face value.” Thompson’s attorney Stephen Hurley says: “What they’ve said is politics played a role in personnel decisions. The question is did it play any role in decisions to prosecute? The latter is a much more serious issue.” He says he is ready to speak with officials from OPR. “I’d be glad if somebody called me because I have facts they might want to know,” Hurley says. [Associated Press, 6/25/2008]

Entity Tags: Office of Professional Responsibility, Bush administration (43), Don E. Siegelman, John Conyers, Oliver Diaz, US Department of Justice, Georgia Lee Thompson, Stephen Hurley

Timeline Tags: Civil Liberties

David Addington and John Yoo before the House Judiciary Committee.David Addington and John Yoo before the House Judiciary Committee. [Source: Washington Post]David Addington, the chief counsel for Vice President Cheney and one of the architects of the Bush administration’s torture policies (see Late September 2001), testifies before the House Judiciary Committee. He is joined by Justice Department lawyer John Yoo, who authored or contributed to many of the legal opinions that the administration used to justify the torture and “extralegal” treatment of terror suspects (see November 6-10, 2001). Addington, unwillingly responding to a subpoena, is, in Washington Post reporter Dana Milbank’s description, “nasty, brutish, and short” with his questioners. [Washington Post, 6/27/2008] He tells lawmakers that the world has not changed much since the 9/11 attacks: “Things are not so different today as people think. No American should think we are free, the war is over, al-Qaeda is not coming.” [Los Angeles Times, 6/27/2008]
Refusing to Define 'Unitary Executive' - Committee chairman John Conyers (D-MI) peppers Addington with questions about the Bush administration and its penchant for the “unitary executive” paradigm, which in essence sees the executive branch as separate and above the other two, “lesser” branches of government. Addington is one of the main proponents of this theory (see (After 10:00 a.m.) September 11, 2001). But instead of answering Conyers’s questions, he slaps away the questions with what Milbank calls “disdain.”
bullet Addington: “I frankly don’t know what you mean by unitary theory.”
bullet Conyers: “Have you ever heard of that theory before?”
bullet Addington: “I see it in the newspapers all the time.”
bullet Conyers: “Do you support it?”
bullet Addington: “I don’t know what it is.”
bullet Conyers (angrily): “You’re telling me you don’t know what the unitary theory means?”
bullet Addington: “I don’t know what you mean by it.”
bullet Conyers: “Do you know what you mean by it?”
bullet Addington: “I know exactly what I mean by it.”
Open Contempt - He flatly refuses to answer most questions, and treats the representatives who ask him those questions with open contempt and, in Milbank’s words, “unbridled hostility.” One representative asks if the president is ever justified in breaking the law, and Addington retorts, “I’m not going to answer a legal opinion on every imaginable set of facts any human being could think of.” When asked if he consulted Congress when interpreting torture laws, Addington snaps: “That’s irrelevant.… There is no reason their opinion on that would be relevant.” Asked if it would be legal to torture a detainee’s child (see After September 11, 2002), Addington answers: “I’m not here to render legal advice to your committee. You do have attorneys of your own.” He offers to give one questioner advice on asking better questions. When asked about an interrogation session he had witnessed at Guantanamo, he replies: “You could look and see mouths moving. I infer that there was communication going on.” At times he completely ignores questions, instead writing notes to himself while the representatives wait for him to take notice of their queries. At other times, he claims an almost complete failure of memory, particularly regarding conversations he had with other Bush officials about interrogation techniques. [Washington Post, 6/27/2008] (He does admit to being briefed by Yoo about an August 2002 torture memo (see August 1, 2002), but denies assisting Yoo in writing it.) [Los Angeles Times, 6/27/2008] Addington refuses to talk more specifically about torture and interrogation practices, telling one legislator that he can’t speak to him or his colleagues “[b]ecause you kind of communicate with al-Qaeda.” He continues, “If you do—I can’t talk to you, al-Qaeda may watch C-SPAN.” When asked if he would meet privately to discuss classified matters, he demurs, saying instead: “You have my number. If you issue a subpoena, we’ll go through this again.” [Think Progress, 6/26/2008; Washington Post, 6/27/2008]
Yoo Dodges, Invokes Privilege - Milbank writes that Yoo seems “embolden[ed]” by Addington’s “insolence.” Yoo engages in linguistic gymnastics similar to Addington’s discussion with Conyers when Keith Ellison (D-MN) asks him whether a torture memo was implemented. “What do you mean by ‘implemented’?” Yoo asks. Ellison responds, “Mr. Yoo, are you denying knowledge of what the word ‘implement’ means?” Yoo says, “You’re asking me to define what you mean by the word?” Ellison, clearly exasperated, retorts, “No, I’m asking you to define what you mean by the word ‘implement.’” Yoo’s final answer: “It can mean a wide number of things.” [Washington Post, 6/27/2008] Conyers asks Yoo, “Could the president order a suspect buried alive?” Yoo responds, “Uh, Mr. Chairman, I don’t think I’ve ever given advice that the president could order someone buried alive.” Conyers retorts: “I didn’t ask you if you ever gave him advice. I asked you thought the president could order a suspect buried alive.” Yoo answers, “Well Chairman, my view right now is that I don’t think a president—no American president would ever have to order that or feel it necessary to order that.” Conyers says, “I think we understand the games that are being played.” Reporter Christopher Kuttruff writes, “Throughout his testimony, Yoo struggled with many of the questions being asked, frequently delaying, qualifying and invoking claims of privilege to avoid answering altogether.” [Human Rights First, 6/26/2008; Truthout (.org), 6/27/2008]

Entity Tags: House Judiciary Committee, John C. Yoo, Al-Qaeda, David S. Addington, Dana Milbank, Christopher Kuttruff, Bush administration (43), John Conyers, Keith Ellison

Timeline Tags: Civil Liberties

Milt Bearden, a retired 30-year CIA veteran who served as senior manager for clandestine operations, writes: “The [Bush] administration’s claims of having ‘saved thousands of Americans’ can be dismissed out of hand because credible evidence has never been offered—not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. All the public gets is repeated references to Jose Padilla (see June 10, 2002), the Lackawanna Six (see April-August 2001), the Liberty Seven (see June 23, 2006), and the Library Tower operation in Los Angeles (see October 2001-February 2002). If those slapstick episodes are the true character of the threat, then maybe we’ll be okay after all. When challenged on the lack of a game-changing example of a derailed operation, administration officials usually say that the need to protect sources and methods prevents revealing just how enhanced interrogation techniques have saved so many thousands of Americans. But it is irresponsible for any administration not to tell a credible story that would convince critics at home and abroad that this torture has served some useful purpose.” Bearden suggests that the CIA might have been permanently “broken” by its use of torture, and that some US officials will likely face the threat of being arrested overseas on torture charges for years to come. [Washington Independent, 7/1/2008]

Entity Tags: Milt Bearden, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President Bush signs the FISA Amendments Act of 2008 (FAA), a revamping and expansion of the original Foreign Intelligence Surveillance Act (see 1978). The legislation passed the House by a sweeping 293 to 129 votes, with most Democratic Congressional leaders supporting it over the opposition of the more liberal and civil liberties-minded Democrats. Republicans were almost unanimously supportive of the bill. Though Democratic Senators Russell Feingold (D-WI) and Christopher Dodd (D-CT) managed to delay the bill’s passage through the Senate, their attempt to modify the bill was thwarted by a 66-32 margin. (Dodd credits AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) as one of the very few people to make the public aware of the illegal NSA wiretapping program, which the FISA amendment would protect. Without Klein, Dodd states, “this story might have remained secret for years and years, causing further erosion of our rights.”) Senator Barack Obama (D-IL), the party’s presumptive presidential nominee, gave his qualified support to the bill, stating: “Given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as president, I will carefully monitor the program.” Obama had opposed an earlier Senate version that would have given “blanket immunity” to the telecommunications companies for their participation in the illegal NSA wiretapping program (see December 15, 2005). House Speaker Nancy Pelosi (D-CA), who organized Democratic support for the bill in the House, said that she supported the bill primarily because it rejects Bush’s argument that a wartime chief executive has the “inherent authority” to conduct some surveillance activity he considers necessary to fight terrorism. It restores the legal notion that the FISA law is the exclusive rule on government spying, she said, and added: “This is a democracy. It is not a monarchy.” Feingold, however, said that the bill granted “retroactive immunity to the telecommunications companies that may have engaged in President Bush’s illegal wiretapping program.” The amendments restore many of the provisions of the expired Protect America Act (PAA—see August 5, 2007) that drastically modify the original FISA legislation and grant the government broad new surveillance powers. Like the PAA, the FAA grants “third parties” such as telecommunications firms immunity from prosecution for engaging in illegal surveillance of American citizens if they did so in partnership with government agencies such as the National Security Agency (NSA). [Washington Post, 6/20/2008; CNN, 6/26/2008; US Senate, 7/9/2008; White House, 7/10/2008; Klein, 2009, pp. 95-97] Senate Majority Leader Harry Reid (D-NV) actually refused to honor a “hold” placed on the bill by Dodd, a highly unusual move. Klein will later note that Reid has in the past always honored holds placed on legislation by Republicans, even if Democrats were strongly supportive of the legislation being “held.” Klein will write that Pelosi crafted a “showpiece” FISA bill without the immunity provisions, garnering much praise for her from civil liberties organizations; however, Pelosi’s colleague House Majority Leader Steny Hoyer (D-MD) had secretly worked with the White House to craft a bill that preserved immunity for telecoms, and on June 10, Pelosi “rammed” that bill through the House. The final bill actually requires the judiciary to dismiss lawsuits brought against telecom firms if those firms can produce evidence that they had worked in collusion with the NSA. Feingold later observes that the final bill is not a “compromise, it is a capitulation.” [Klein, 2009, pp. 101-103] Klein will write that Democrats and Republicans have worked together to “unw[ind] one of the main reforms of the post-Watergate era and accepted the outrageous criminal rationalizations of [President] Nixon himself.” Klein will quote Nixon as saying, “If the president does it, that means it’s not illegal” (see April 6, 1977), and will say that is “the essence of the FISA ‘compromise’” and turned Congress into the White House’s “rubber stamp.… It is the twisted judicial logic of a dictatorship.” [Klein, 2009, pp. 107]

Entity Tags: Nancy Pelosi, Foreign Intelligence Surveillance Act, FISA Amendments Act of 2008, Christopher Dodd, Barack Obama, George W. Bush, Mark Klein, Russell D. Feingold, Richard M. Nixon, Harry Reid, Steny Hoyer, National Security Agency, Protect America Act

Timeline Tags: Civil Liberties

Jameel Jaffer.Jameel Jaffer. [Source: ACLU (.org)]The American Civil Liberties Union (ACLU) releases three heavily redacted documents detailing the Bush administration’s use of brutal torture methods against detainees in US custody. The documents are turned over to the ACLU by the CIA after a judge orders their release (see May 27, 2008). “These documents supply further evidence, if any were needed, that the Justice Department authorized the CIA to torture prisoners in its custody,” says ACLU official Jameel Jaffer. “The Justice Department twisted the law, and in some cases ignored it altogether, in order to permit interrogators to use barbaric methods that the US once prosecuted as war crimes.” One document is an August 2002 Office of Legal Counsel (OLC) memo authorizing the CIA to use particular interrogation methods, including waterboarding (see August 1, 2002). The memo states that interrogation methods that cause severe mental pain do not amount to torture under US law unless they cause “harm lasting months or even years after the acts were inflicted upon the prisoners.” The other two documents, from 2003 and 2004, are memos from the CIA related to requests for legal advice from the Justice Department. The 2003 memo shows that the OLC authorized the agency to use what it called “enhanced interrogation techniques”; the memo shows that when those techniques were used, the CIA documented, among other things, “the nature and duration of each such technique employed” and “the identities of those present.” The 2004 memo shows that CIA interrogators were told that the Justice Department had concluded that waterboarding and other “harsh interrogation methods” did not constitute torture. The memo also advised CIA interrogators that, in light of the Supreme Court’s ruling that courts can decide whether foreign citizens could be held at Guantanamo (see June 28, 2004), they should be aware that their actions might possibly be subject to judicial review. Jaffer says: “While the documents released today do provide more information about the development and implementation of the Bush administration’s torture policies, even a cursory glance at the documents shows that the administration continues to use ‘national security’ as a shield to protect government officials from embarrassment, criticism, and possible criminal prosecution. Far too much information is still being withheld.” [American Civil Liberties Union, 7/24/2008]

Entity Tags: US Department of Justice, American Civil Liberties Union, Jameel Jaffer, Bush administration (43), Office of Legal Counsel (DOJ), Central Intelligence Agency

Timeline Tags: Torture of US Captives

The Electronic Frontier Foundation (EFF) files a lawsuit against the National Security Agency (NSA), President Bush, Vice President Dick Cheney, former Attorney General and White House counsel Alberto Gonzales, former Cheney chief of staff David Addington, and other members of the Bush administration. The EFF claims the lawsuit is “on behalf of AT&T customers to stop the illegal unconstitutional and ongoing dragnet surveillance of their communications and communications records.” The EFF is referring to its ongoing lawsuit against AT&T and other telecommunications firms, which it accuses of colluding with the NSA to illegally monitor American citizens’ domestic communications (see December 15, 2005). The case, the EFF writes, “is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it.” After January 2009, the newly elected Obama administration will challenge the lawsuit, Jewel v. NSA, on the grounds that to defend itself against the lawsuit, the government would be required to disclose “state secrets” (see Late May, 2006). The government used similar arguments to quash the EFF’s lawsuit against AT&T (see April 28, 2006), arguments which were rejected by a judge (see July 20, 2006). [Electronic Frontier Foundation, 2009] The suit will be dismissed (see January 21, 2010).

Entity Tags: George W. Bush, Alberto R. Gonzales, AT&T, Bush administration (43), David S. Addington, Electronic Frontier Foundation, Obama administration, Richard (“Dick”) Cheney, National Security Agency

Timeline Tags: Civil Liberties

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel (OLC), officially repudiates an OLC memo from seven years earlier claiming that the president has the unilateral authority to order military strikes or raids within the US (see October 23, 2001). “[C]aution should be exercised before relying in any respect” on the memo, Bradbury writes, and it “should not be treated as authoritative for any purpose.” The 2001 contention that the Fourth Amendment is, for all intents and purposes, irrelevant in the face of presidential authority “does not reflect the current views of this Office,” Bradbury writes. Another portion of that 2001 memo, the contention that the president can set aside First Amendment rights of free speech and freedom of the press (see October 23, 2001), are no longer operative, Bradbury writes. Much of Bradbury’s memo is an attempt to explain and justify the 2001 memo by recalling the period of anxiety and disarray after the 9/11 attacks. [US Department of Justice, 10/6/2008 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yale law professor Jack Balkin will later note that the memo does not repudiate “any of the Bush administration’s specific policies regarding surveillance, detention, and interrogation.” [Jack Balkin, 3/3/2009]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, Bush administration (43), Steven Bradbury, Jack Balkin

Timeline Tags: Civil Liberties

The Electronic Frontier Foundation (EFF) files a lawsuit challenging the constitutionality of the recently passed amendment to the Foreign Intelligence Surveillance Act (FISA—see July 10, 2008). The EFF is particularly concerned with the portion of the legislation that grants retroactive immunity from prosecution to telecommunications firms that worked with government agencies to illegally conduct electronic surveillance against American citizens (see December 15, 2005). The FISA Amendments Act of 2008, or FAA, violates the Constitution’s separation of powers, according to the EFF, and, the organization writes, “robs innocent telecom customers of their rights without due process of law.” The lawsuit was triggered by Attorney General Michael Mukasey’s recent submission of a classified certification in another EFF lawsuit about illegal electronic certification (see January 31, 2006) that claimed the electronic surveillance conducted on behalf of the National Security Agency by AT&T did not happen. EFF senior attorney Kevin Bankston says: “The immunity law puts the fox in charge of the hen house, letting the attorney general decide whether or not telecoms like AT&T can be sued for participating in the government’s illegal warrantless surveillance. In our constitutional system, it is the judiciary’s role as a co-equal branch of government to determine the scope of the surveillance and rule on whether it is legal, not the executive’s. The attorney general should not be allowed to unconstitutionally play judge and jury in these cases, which affect the privacy of millions of Americans.” Mukasey’s certification claimed the government has no “content-dragnet” program that surveills millions of domestic communications, though it does not deny having acquired such communications. EFF has provided the court with thousands of pages of documents proving the falsity of Mukasey’s assertions, the organization writes. EFF attorney Kurt Opsahl says: “We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law. Intelligence agencies, telecoms, and the administration want to sweep this case under the rug, but the Constitution won’t permit it.” EFF spokesperson Rebecca Jeschke tells a reporter that the FAA “violates the federal government’s separation of powers and violates the Constitution. We want to make sure this unconstitutional law does not deny telecom customers their day in court. They have legitimate privacy claims that should be heard by a judge. Extensive evidence proves the existence of a massive illegal surveillance program affecting millions of ordinary Americans. The telecoms broke the law and took part in this. The FISA Amendments Act and its immunity provisions were an attempt to sweep these lawsuits under the rug, but it’s simply unconstitutional.” EFF lawyers fear the FAA will render their lawsuit invalid. [Electronic Frontier Foundation, 10/17/2008; Salon, 10/17/2008] The EFF has filed a related lawsuit against the NSA and senior members of the Bush administration (see September 18, 2008).

Entity Tags: Foreign Intelligence Surveillance Act, Electronic Frontier Foundation, AT&T, FISA Amendments Act of 2008, Kevin Bankston, Kurt Opsahl, National Security Agency, Michael Mukasey, Rebecca Jeschke

Timeline Tags: Civil Liberties

A US District Court orders the Justice Department to turn over ten documents from the Justice Department’s Office of Legal Counsel to determine whether they should be released under the Freedom of Information Act. The Electronic Privacy Information Center (EPIC) and the American Civil Liberties Union (ACLU) say the documents may hold information that would shed light on the legal reasoning behind the Bush administration’s “Stellar Wind” warrantless wiretapping program (see Spring 2004 and December 15, 2005). EPIC and the ACLU seek the release of 30 documents from the OLC; Judge Henry Kennedy has ordered that 10 be turned over to him for further examination and 20 others remain classified because of national security considerations. Seven of those documents are about the government’s “Terrorist Surveillance Program” (TSP—apparently the same program as, or an element of, Stellar Wind), 12 are FBI documents detailing how TSP had assisted the Bureau in counterterrorism investigations, and one is an OLC memo covered under an exemption for “presidential communications”—presumably a memo written either by, or for, President Bush. [Ars Technica, 11/2/2008]

Entity Tags: Henry H. Kennedy Jr., Electronic Privacy Information Center, Bush administration (43), US Department of Justice, American Civil Liberties Union, Freedom of Information Act, Office of Legal Counsel (DOJ), Terrorist Surveillance Program, ’Stellar Wind’

Timeline Tags: Civil Liberties

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.” [New York Times, 11/18/2008]

Entity Tags: Mohamed al-Khatani, Susan Crawford, Bryan Broyles, Lawrence J. Morris

Timeline Tags: Torture of US Captives

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.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

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.” [Time, 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]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Timeline Tags: Torture of US Captives

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.” [USA Today, 12/5/2008; Think Progress, 12/5/2008]

Entity Tags: George W. Bush, Amanda Terkel

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Torture of US Captives

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.” [ABC News, 12/15/2008; ABC News, 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).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) [Newsweek, 12/22/2008]

Entity Tags: Michael Isikoff, Bush administration (43), Barack Obama, Asa Hutchinson, ’Stellar Wind’, Eric Holder, Eric Lichtblau, Newsweek, US Department of Justice, Federal Bureau of Investigation, Thomas Tamm, George W. Bush

Timeline Tags: Civil Liberties

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

Newsweek publishes a range of responses to its article about Justice Department whistleblower Thomas Tamm (see December 22, 2008), who alerted the New York Times to the Bush administration’s illegal domestic wiretapping program “Stellar Wind” (see Spring 2004 and December 15, 2005). Most are extremely supportive of Tamm; Newsweek writes, “Nearly all labeled Tamm a hero.” One reader wonders why “few in the Justice Department were as troubled as Tamm about the illegality of the secret domestic wiretapping program or had the courage of his convictions.” Another notes, “Whistle-blowers like him are heroes because they are protecting ‘We the people.’” A Milwaukee reader, Harvey Jay Goldstein, suggests that President-elect Obama honor Tamm’s courage and service by “issuing him a pardon” and then “seek indictments against those involved in authorizing and carrying out the illegal program, including President Bush and Vice President Cheney.” The reader is “appalled” that Tamm “is being harassed and persecuted by the FBI (see August 1, 2007) for his part in disclosing the coverup of a program that originated in the Oval Office.” He calls Tamm “a national hero who had the guts to do what he thought was right and wasn’t intimidated by the power of the presidency.” Goldstein accuses Bush and Cheney of “undermining and circumventing the protections of the First and Fourth amendments [in what] are perhaps the most egregious attempts to consolidate absolute power within the executive branch since the dark days of Richard Nixon.” Illinois reader Leonard Kliff, a World War II veteran, writes: “It is disgusting that this man is on the run when he should be receiving a medal for his actions. I am sure the majority of Americans fully support him.” The Reverend Joseph Clark of Maryland calls Tamm “a common man doing his job—upholding the Constitution of the United States and the rule of law.… Thank God for people like Thomas Tamm who spoke when no one else was finding a voice.… This nation is made up of people like Tamm, and that is our strength.” And a former schoolmate of Tamm’s, Peter Craig, writes: “No one who attended Landon School in Bethesda, Md., in the late 1960s, as I did, will be at all surprised to learn that Tom Tamm ended up risking it all to do the right thing. In his senior year, for instance, Tom, then the president of the student council, decided to turn himself in to the rest of the council for some minor infraction unknown to anyone else (and ultimately warranting no punishment). It showed the same character and a burgeoning morality that years later would compel him to do what he did.” Only one published letter, from Bob Spickelmier, expresses the view that Tamm should go to jail for his actions. [Newsweek, 1/10/2009]

Entity Tags: Thomas Tamm, Bob Spickelmier, ’Stellar Wind’, Bush administration (43), Newsweek, Harvey Jay Goldstein, Leonard Kliff, US Department of Justice, Peter Craig, Joseph Clark

Timeline Tags: Civil Liberties

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]

Entity Tags: Barack Obama, Amnesty International, Obama administration, Mohamed al-Khatani

Timeline Tags: Torture of US Captives, Civil Liberties

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; New York Times, 3/2/2009; Reuters, 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.” [New York Times, 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. [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Steven Bradbury, Office of Legal Counsel (DOJ), New York Times, Walter Dellinger, Jay S. Bybee, Jack Balkin, US Department of Justice

Timeline Tags: Civil Liberties

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. [Legal Times, 1/17/2009]

Entity Tags: US Department of Justice, Elena Kagan, Neal Katyal, Joe Palazzolo

Timeline Tags: Torture of US Captives, Civil Liberties

As one of his first official acts as president, Barack Obama orders that all military prosecutions of terrorist suspects at the Guantanamo Bay detention facility be suspended for 120 days. The order comes during the inaugural ceremonies, and is issued by Defense Secretary Robert Gates, the only Cabinet holdover from the Bush administration. “In the interests of justice, and at the direction of the president of the United States and the secretary of defense, the government respectfully requests the military commission grant a continuance of the proceedings in the above-captioned case until 20 May 2009,” the request reads. [CNN, 1/21/2009; Agence France-Presse, 1/21/2009] Obama promised repeatedly during and after the presidential campaign that he would close the detention facility at the Guantanamo Naval Base. This request does not go that far, but it does bring to a halt the planned prosecution of 21 detainees currently facing war crimes charges, including 9/11 plotter Khalid Shaikh Mohammed. Jamil Dakwar, a representative for the American Civil Liberties Union (ACLU) at the base, calls the request “a good step in the right direction.” Gabor Rona, an observer for Human Rights Watch, also calls the order “a first step.” Rona continues, “The very fact that it’s one of his first acts reflects a sense of urgency that the US cannot afford one more day of counterproductive and illegal proceedings in the fight against terrorism.” Dakwar says the ACLU believes all charges against the prisoners should be dropped. “A shutdown of this discredited system is warranted,” he says. “The president’s order leaves open the option of this discredited system remaining in existence.” Major Jon Jackson, the lawyer for one of the 9/11 defendants, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001 and September 24, 2001-December 26, 2002), says, “We welcome our new commander in chief and this first step towards restoring the rule of law.” Approximately 245 detainees are currently housed at the camp; some 60 detainees have been cleared for release, but no country has agreed to take them. [CNN, 1/21/2009; Washington Post, 1/21/2009] Michele Cercone, spokesman for the European Union Justice and Home Affairs Commission, says the commission “has been very pleased that one of the first actions of Mr. Obama has been to turn the page on this sad episode of Guantanamo.” The request is accepted the day after (see January 21, 2009), and the Los Angeles Times writes that it “may be the beginning of the end for the Bush administration’s system of trying alleged terrorists.” [Associated Press, 1/21/2009]

Entity Tags: Jon Jackson, European Union Justice and Home Affairs Commission, Bush administration (43), Barack Obama, American Civil Liberties Union, Gabor Rona, Jamil Dakwar, Los Angeles Times, Robert M. Gates, Michele Cercone, Human Rights Watch, Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi

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

In an interview for the German television program Frontal 21, broadcast on ZDF, Professor Manfred Nowak, the United Nations rapporteur responsible for torture, states that with George W. Bush’s head of state immunity now terminated, the new government of Barack Obama is obligated by international law to commence a criminal investigation into Bush’s torture practices. “The evidence is sitting on the table,” Nowak says. “There is no avoiding the fact that this was torture.” Nowak cites the Convention Against Torture (see October 21, 1994), which obligates a signatory country such as the US to criminally prosecute anyone who tortures a person, or extradites a person to a country which will torture him. “The government of the United States is required to take all necessary steps to bring George W. Bush and Donald Rumsfeld before a court,” Nowak says. Nowak headed a 2006 study of conditions at Guantanamo that concluded the practices used at that facility and approved by the Bush administration violated human rights norms and constituted torture. ZDF also interviews attorney Wolfgang Kaleck, who brought charges against former Defense Secretary Donald Rumsfeld before German prosecutors. The Obama administration is “off to a good beginning” with its explicit renunciation of torture, Kaleck says, but has yet to show how it will hold Bush, Rumsfeld, and others accountable for their crimes, nor has it demonstrated its legally obligated duty to provide compensation to torture victims. Lastly, law professor Dietmar Herz confirms that Bush bears personal responsibility for the introduction and use of torture. Herz confirms that once Bush lost his immunity from prosecution as a head of state, the US is obligated to prosecute him for crimes against humanity. [Harper's, 1/21/2009]

Entity Tags: Wolfgang Kaleck, Donald Rumsfeld, Barack Obama, Convention Against Torture, Dietmar Herz, Manfred Nowak, George W. Bush, United Nations

Timeline Tags: Civil Liberties

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.” [Agence France-Presse, 1/22/2009; Los Angeles Times, 1/23/2009; Washington Post, 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. [Financial Times, 1/22/2009]

Entity Tags: Human Rights Watch, US Department of Justice, Central Intelligence Agency, Barack Obama, Tom Malinowski, Dennis C. Blair

Timeline Tags: Torture of US Captives, Civil Liberties

News columnist Ann Woolner writes that with President Obama’s executive orders to close Guantanamo (see January 22, 2009) and stop torture of terror suspects (see January 22, 2009), “I am beginning to recognize my country again.” Referring to the infamous picture of the hooded Abu Ghraib prisoner with electric wires attached to his body (see April 29-30, 2004), “It’s time to lift the hood and let the man under it step off that box.” [Bloomberg, 1/23/2009]

Entity Tags: Ann Woolner

Timeline Tags: Torture of US Captives

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.” [New Yorker, 1/25/2009]

Entity Tags: Paul Eaton, Dave Maddox, Charles Krulak, Central Intelligence Agency, Barack Obama, Eric Holder, Greg Craig, Human Rights First, Jane Mayer, Joseph Hoar, John D. Hutson, Obama administration

Timeline Tags: Civil Liberties

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. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

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.” [Wall Street Journal, 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. [Wall Street Journal, 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.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Alberto Mora, the former general counsel for the Navy and a harsh critic of the Bush administration’s torture policies (see January 23-Late January, 2003), says: “I will tell you this: I will tell you that General Anthony [Antonio] Taguba, who investigated Abu Ghraib, feels now that the proximate cause of Abu Ghraib were the OLC memoranda that authorized abusive treatment (see November 6-10, 2001 and August 1, 2002). And I will also tell you that there are general-rank officers who’ve had senior responsibility within the Joint Staff or counterterrorism operations who believe that the number one and number two leading causes of US combat deaths in Iraq have been, number one, Abu Ghraib, number two, Guantanamo, because of the effectiveness of these symbols in helping recruit jihadists into the field and combat against American soldiers.” [Vanity Fair, 2/2009]

Entity Tags: Alberto Mora, Bush administration (43), Antonio M. Taguba

Timeline Tags: Torture of US Captives

Attorney General-nominee Eric Holder says that if he is confirmed, he intends to review current litigation in which the Bush administration asserted the so-called “state secrets” privilege (see March 9, 1953), and that he intends to minimize the use of the privilege during his tenure. “I will review significant pending cases in which DOJ [the Justice Department] has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations,” he writes in a response to pre-confirmation questions. (Shortly after Holder’s testimony, the Justice Department again asserts the “state secrets” privilege in a case involving a Guantanamo detainee—see February 9, 2009). Holder adds: “I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.” To a related question, he asserts his belief that the Office of Legal Counsel (OLC) must disclose as many of the opinions it generates as possible: “Once the new assistant attorney general in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.” [Federation of American Scientists, 2/2/2009; Senate Judiciary Committee, 2/2/2009] Weeks later, the Justice Department will release nine controversial OLC memos from the Bush administration (see March 2, 2009).

Entity Tags: Eric Holder, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

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.” [Torrance Daily Breeze, 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]

Entity Tags: Karl C. Rove

Timeline Tags: Torture of US Captives, Civil Liberties

Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).

Entity Tags: Barack Obama, Al-Qaeda, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2010 Elections

Leon Panetta.Leon Panetta. [Source: San Diego Union-Tribune]President Obama’s pick to head the CIA, former Clinton administration chief of staff Leon Panetta, says that the CIA will not carry out “extraordinary renditions” under his tenure. Sparked by recent claims that the Obama administration intends to continue such extraordinary renditions, Senator Dianne Feinstein (D-CA) asks Panetta during his Senate confirmation hearings, “Will the CIA continue the practice of extraordinary rendition by which the government will transfer a detainee to either a foreign government or a black site for the purpose of long-term detention and interrogation, as opposed to for law enforcement purposes?” Panetta says, “No we will not.” He adds, “[B]ecause under the executive order signed by the president (see January 22, 2009), that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values—that has been forbidden by the executive order.” Panetta goes on to note the difference between “extraordinary rendition” and law enforcement rendition. [Think Progress, 2/5/2009]

Entity Tags: Obama administration, Central Intelligence Agency, Leon Panetta, Dianne Feinstein

Timeline Tags: Torture of US Captives, Civil Liberties

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.” [Salon, 2/9/2009]

Entity Tags: Obama administration, American Civil Liberties Union, Ben Wizner, Bush administration (43), Glenn Greenwald

Timeline Tags: Torture of US Captives

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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. [Newsweek, 2/14/2009; Newsweek, 2/16/2009] Some of the report is later leaked to the press (see February 22, 2009).

Entity Tags: Jay S. Bybee, Eric Holder, Bush administration (43), Jack Goldsmith, US Department of Justice, Matthew Miller, Office of Professional Responsibility, Mark Filip, John C. Yoo, Michael Mukasey, Steven Bradbury, H. Marshall Jarrett

Timeline Tags: Torture of US Captives, Civil Liberties

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.” [New Yorker, 2/23/2009]

Entity Tags: John Ashcroft, Barack Obama, American Civil Liberties Union, Ali Saleh Kahlah al-Marri, Bush administration (43), US Supreme Court, Obama administration, Jonathan Hafetz, Larry Craig, John Bellinger

Timeline Tags: Civil Liberties

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.” [Salon, 2/21/2009]

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

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. [Public Record, 2/22/2009]

Entity Tags: David S. Addington, Sheldon Whitehouse, Steven Bradbury, US Department of Justice, Richard (“Dick”) Durbin, Bush administration (43), Office of Professional Responsibility, Michael Mukasey, Eric Holder, Office of Legal Counsel (DOJ), H. Marshall Jarrett, Alberto R. Gonzales, John C. Yoo, John Ashcroft, Jay S. Bybee

Timeline Tags: Civil Liberties

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; Washington Post, 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]

Entity Tags: US Department of Justice, Amnesty International, American Civil Liberties Union, Ali Saleh Kahlah al-Marri, Geneve Mantri, US Supreme Court, Jonathan Hafetz, Rodger A. Heaton

Timeline Tags: Torture of US Captives

Some of the Justice Department memos released today.Some of the Justice Department memos released today. [Source: Los Angeles Times]The Department of Justice releases nine memos written after the 9/11 attacks that claimed sweeping, extraconstitutional powers for then-President Bush. The memos, written primarily by John Yoo of the Office of Legal Counsel (OLC), claim that Bush could, if he desired, order military raids against targets within the US, and order police or military raids without court warrants (see October 23, 2001). The only justification required would be that Bush had declared the targets of such raids to be suspected terrorists. Other powers the president had, according to the memos, were to unilaterally abrogate or abandon treaties with foreign countries, ignore Congressional legislation regarding suspected terrorists in US detention (see March 13, 2002), suspend First Amendment rights to freedom of speech and information dissemination (see October 23, 2001), and conduct a program of warrantless domestic surveillance (see September 25, 2001). In January, an opinion issued by the OLC claimed that the opinions of the earlier memos had not been acted upon since 2003, and were generally considered unreliable (see January 15, 2009). Attorney General Eric Holder, who signed off on the release of the memos, says: “Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that thought misguided, I fear that in actuality it does more harm than good.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; US Department of Justice, 3/2/2009; US Department of Justice, 3/2/2009; New York Times, 3/2/2009]
Memos Laid Groundwork for Warrantless Wiretapping - Though many of the powers said to belong to the president in the memos were never exercised, the assertions led to the warrantless wiretapping of US citizens (see December 15, 2005 and Spring 2004) and the torture of detained terror suspects. [Newsweek, 3/2/2009]
'How To ... Evade Rule of Law' - Senate Judiciary Committee Chairman Patrick Leahy (D-VT) says the memos begin “to provide details of some of the Bush administration’s misguided national security policies” that have long been withheld from public scrutiny. Jennifer Daskal of Human Rights Watch says the memos collectively “read like a how-to document on how to evade the rule of law.” [Washington Post, 3/3/2009] Kate Martin of the Center for National Security Studies says that the memos were part of a larger effort “that would basically have allowed for the imposition of martial law.” [Newsweek, 3/2/2009]
'Tip of Iceberg' - The memos are, according to a former Bush administration lawyer, “just the tip of the iceberg” in terms of what the Bush administration authorized. Jameel Jaffer of the American Civil Liberties Union (ACLU) says the Bush administration memos “essentially argue that the president has a blank check to disregard the Constitution during wartime, not only on foreign battlefields, but also inside the United States.” [Los Angeles Times, 3/3/2009] The ACLU, which has sued to obtain these and other memos, applauds the release of the documents, and says it hopes this is the first step in a broader release. [Reuters, 3/2/2009]

Entity Tags: Eric Holder, Jennifer Daskal, Patrick J. Leahy, Office of Legal Counsel (DOJ), Jameel Jaffer, Kate Martin, John C. Yoo, Bush administration (43), American Civil Liberties Union, US Department of Justice

Timeline Tags: Civil Liberties

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.” [Harper's, 3/3/2009]

Entity Tags: National Security Agency, US Department of Justice, Office of Legal Counsel (DOJ), Scott Horton, Steven Bradbury, George W. Bush, Jose Padilla, Bush administration (43), Defense Intelligence Agency, John C. Yoo

Timeline Tags: Civil Liberties

Legal experts and civil libertarians are “stunned” by the recently released memos from the Bush-era Justice Department which assert sweeping powers for the president not granted by the Constitution (see March 2, 2009 and March 3, 2009). Yale law professor Jack Balkin calls the memos a demonstration of the Bush “theory of presidential dictatorship.” Balkin continues: “They say the battlefield is everywhere. And the president can do anything he wants, so long as it involves the military and the enemy.… These views are outrageous and inconsistent with basic principles of the Constitution as well as with two centuries of legal precedents. Yet they were the basic assumptions of key players in the Bush administration in the days following 9/11.” George Washington University law professor Orin Kerr agrees. “I agree with the left on this one,” he says. The approach in the memos “was simply not a plausible reading of the case law. The Bush [Office of Legal Counsel, or OLC] eventually rejected [the] memos because they were wrong on the law—and they were right to do so” (see January 15, 2009). Balkin says the time period of most of the memos—the weeks and months following the 9/11 attacks—merely provided a convenient excuse for the administration’s subversion of the Constitution. “This was a period of panic, and panic creates an opportunity for patriotic politicians to abuse their power,” he says. [Jack Balkin, 3/3/2009; Los Angeles Times, 3/4/2009] Civil litigator and columnist Glenn Greenwald writes that the memos helped provide the foundation for what he calls “the regime of secret laws under which we were ruled for the last eight years… the grotesque blueprint for what the US government became.” [Salon, 3/3/2009] Duke University law professor Walter Dellinger says that, contrary to the memos’ assertion of blanket presidential powers in wartime, Congress has considerable powers during such a time. Congress has, according to the Constitution, “all legislative powers,” including the power “to declare war… and make rules concerning captures on land and water” as well as “regulation of the land and naval forces.” Dellinger, who headed the OLC during the Clinton administration, continues: “You can never get over how bad these opinions were. The assertion that Congress has no role to play with respect to the detention of prisoners was contrary to the Constitution’s text, to judicial precedent, and to historical practice. For people who supposedly follow the text [of the Constitution], what don’t they understand about the phrase ‘make rules concerning captures on land and water’?” [Los Angeles Times, 3/4/2009]

Entity Tags: Orin S. Kerr, US Department of Justice, Office of Legal Counsel (DOJ), Jack Balkin, Walter Dellinger, Glenn Greenwald, Bush administration (43)

Timeline Tags: Civil Liberties

In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]

Entity Tags: American Civil Liberties Union, National Clandestine Service, John Helgerson, Central Intelligence Agency

Timeline Tags: Torture of US Captives

President Barack Obama orders a review of former President Bush’s signing statements. Bush often used signing statements to instruct administration officials how to implement, or to ignore, Congressional legislation and other laws (see Early 2005, January 13, 2006, and September 2007). Obama has sent memos to numerous federal agencies directing them to review Bush’s signing statements. White House press secretary Robert Gibbs says that other presidents have used signing statements to note potential problems and conflicts, and says Obama will continue that practice. But, Gibbs says, Obama will not use signing statements to disregard Congress’s intent in its legislation. [Associated Press, 3/9/2009]

Entity Tags: Barack Obama, Robert Gibbs, George W. Bush

Timeline Tags: Civil Liberties

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. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 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.” [New York Review of Books, 3/15/2009]

Entity Tags: Khallad bin Attash, Khalid Shaikh Mohammed, Bush administration (43), Barack Obama, Abu Zubaida, New York Review of Books, Central Intelligence Agency, George W. Bush, Geneva Conventions, John Ashcroft, International Committee of the Red Cross, Mark Danner

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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.” [Washington Note, 3/17/2009]

Entity Tags: Colin Powell, Barack Obama, Bush administration (43), Richard (“Dick”) Cheney, US Department of Defense, Lawrence Wilkerson, Obama administration, US Department of State

Timeline Tags: Torture of US Captives

Condoleezza Rice on the Charlie Rose show.Condoleezza Rice on the Charlie Rose show. [Source: PBS]Former Secretary of State Condoleezza Rice tells PBS’s Charlie Rose that “no one” in the White House ever asserted that Saddam Hussein had any connections to 9/11. Rose says, “But you didn’t believe [the Hussein regime] had anything to do with 9/11.” Rice replies: “No. No one was arguing that Saddam Hussein somehow had something to do with 9/11.… I was certainly not. The president was certainly not.… That’s right. We were not arguing that.” Rice refuses to answer Rose’s question asking if former Vice President Dick Cheney ever tried to make the connection. In reality, former President Bush and his top officials, including Cheney and Rice, worked diligently to reinforce a connection between Iraq and 9/11 in the public mind before the March 2003 invasion (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). [Think Progress, 3/19/2009]

Entity Tags: Saddam Hussein, Bush administration (43), Charlie Rose, Richard (“Dick”) Cheney, George W. Bush, Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion

President Obama disagrees with recent statements from former Vice President Dick Cheney that his administration’s policies are endangering America (see February 4, 2009 and March 15, 2009). “I fundamentally disagree with Dick Cheney—not surprisingly,” Obama tells CBS reporter Steve Kroft. “I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can’t reconcile our core values, our Constitution, our belief that we don’t torture, with our national security interests. I think he’s drawing the wrong lesson from history. [CNN, 3/22/2009; CBS News, 3/22/2009] The facts don’t bear him out.” Cheney “is eager to defend a legacy that was unsustainable,” Obama says, and notes that Cheney’s politics reflect a mindset that “has done incredible damage to our image and position in the world.” [Raw Story, 3/22/2009; CBS News, 3/22/2009] In response to Cheney’s advocacy of extreme interrogation methods—torture—of suspected terrorists, Obama asks: “How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer. What it has been is a great advertisement for anti-American sentiment.” [Politico, 3/21/2009; CBS News, 3/22/2009] “The whole premise of Guantanamo promoted by Vice President Cheney was that, somehow, the American system of justice was not up to the task of dealing with these terrorists,” Obama continues. “This is the legacy that’s been left behind and, you know, I’m surprised that the vice president is eager to defend a legacy that was unsustainable. Let’s assume that we didn’t change these practices. How long are we going to go? Are we going to just keep on going until, you know, the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer? I don’t know a lot of thoughtful thinkers, liberal or conservative, who think that was the right approach.” [Raw Story, 3/22/2009; CBS News, 3/22/2009]

Entity Tags: Barack Obama, Richard (“Dick”) Cheney, Obama administration, Bush administration (43)

Timeline Tags: Domestic Propaganda, 2010 Elections

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. [New York Times, 3/28/2009; Associated Press, 3/28/2009]

Entity Tags: William J. Haynes, Jay S. Bybee, David S. Addington, John C. Yoo, Geneva Conventions, Convention Against Torture, Gonzalo Boye, Association for the Dignity of Prisoners, Alberto R. Gonzales, Baltasar Garzon, Bush administration (43)

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

The 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. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]

Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey

Timeline Tags: Domestic Propaganda, 2010 Elections

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; New York Times, 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.” [Think Progress, 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.” [New York Times, 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; New York Times, 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]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Former Vice President Dick Cheney says that since memos disclosing the opinions surrounding the Bush administration’s torture policies have been released (see April 16, 2009), he wants the Obama administration to release documents that he says show the critical information garnered through the use of torture—though he does not consider the methods used to be torture (see December 15, 2008). To release the documents would make for an “honest debate.” Cheney, interviewed by conservative pundit Sean Hannity, asks why the memos were released but not documents proving the efficacy of torture. “One of the things that I find a little bit disturbing about this recent disclosure is they put out the legal memos, the memos that the CIA got from the [Justice Department’s] Office of Legal Counsel, but they didn’t put out the memos that showed the success of the effort,” he says. Cheney says he has requested that those documents also be declassified. “I haven’t talked about it, but I know specifically of reports that I read, that I saw, that lay out what we learned through the interrogation process and what the consequences were for the country,” he says. “I’ve now formally asked the CIA to take steps to declassify those memos so we can lay them out there and the American people have a chance to see what we obtained and what we learned and how good the intelligence was.” [Fox News, 4/20/2009] The CIA memos Cheney is referring to are released several months later (see August 24, 2009). Though Cheney will insist that the memos prove his point (see August 24, 2009), many, including a former CIA case officer, will disagree (see August 25, 2009).

Entity Tags: Richard (“Dick”) Cheney, Obama administration, Office of Legal Counsel (DOJ), Central Intelligence Agency, Bush administration (43), Sean Hannity

Timeline Tags: Torture of US Captives

The Justice Department’s Office of Professional Responsibility (OPR) begins an investigation of the department’s lawyers who signed off on the Bush administration’s torture policies, in particular John Yoo (see Late September 2001 and January 9, 2002), Jay Bybee (see August 1, 2002 and August 1, 2002), and Steven Bradbury (see May 10, 2005, June 23, 2005 and July 2007). The OPR investigation will determine whether these lawyers shirked their professional responsibilities in deciding that particular torture techniques were, in fact, legal; if that conclusion is reached, then prosecutors could make the case that the lawyers knowingly broke the law. Today, the press learns that the OPR has obtained archived e-mail messages from the time when the memorandums were being drafted. Senator Russ Feingold (D-WI) has urged President Obama “not to rule out prosecutions of those who implemented the program” until the OPR report, along with a long-awaited report by the Senate Intelligence Committee (see April 21, 2009), become available. Former Bush White House lawyer Bradford Berenson says he has seen a surge in “anxiety and anger” among his former colleagues, and says they should not be investigated. [New York Times, 4/22/2009] The Justice Department will refuse to bring sanctions against Yoo, Bybee, and Bradbury (see February 2010).

Entity Tags: Office of Professional Responsibility, Bradford Berenson, Barack Obama, Bush administration (43), John C. Yoo, Russell D. Feingold, Senate Intelligence Committee, US Department of Justice, Steven Bradbury, Jay S. Bybee

Timeline Tags: Torture of US Captives

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.” [New York Times, 4/22/2009; Newsweek, 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). [Newsweek, 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.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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.” [Think Progress, 4/23/2009]

Entity Tags: Bush administration (43), Steven Bradbury, Senate Armed Services Committee, Elizabeth (“Liz”) Cheney

Timeline Tags: Torture of US Captives

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?” [New York Times, 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. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

The CIA tortured and brutalized prisoners for at least seven years without attempting to assess whether such tactics actually resulted in the acquisition of good intelligence, the press reports. Calls to conduct such an assessment of the agency’s “enhanced interrogation techniques” began as early as 2003, when the CIA’s inspector general began circulating drafts of a report that raised serious concerns about the various torture techniques being employed (see May 7, 2004). Neither the inspector general’s report or later studies examined the effectiveness of the interrogation tactics, or attempted to verify the assertions of CIA counterterrorism officials who insisted that the techniques were essential to the program’s results. “Nobody with expertise or experience in interrogation ever took a rigorous, systematic review of the various techniques—enhanced or otherwise—to see what resulted in the best information,” says a senior US intelligence official involved in overseeing the interrogation program. As a result, there was never a determination of “what you could do without the use of enhanced techniques,” the official says. Former Bush administration officials say the failure to conduct such an examination was part of a broader reluctance to reexamine decisions made shortly after the 9/11 attacks. The Defense Department, Justice Department, and CIA “all insisted on sticking with their original policies and were not open to revisiting them, even as the damage of these policies became apparent,” according to John Bellinger, then the legal advisor to former Secretary of State Condoleezza Rice, referring to burgeoning international outrage. “We had gridlock,” Bellinger says, calling the failure to consider other approaches “the greatest tragedy of the Bush administration’s handling of detainee matters.” [Los Angeles Times, 4/25/2009]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Justice, John Bellinger, US Department of Defense

Timeline Tags: Torture of US Captives

Former Bush National Security Adviser and Secretary of State Condoleezza Rice, who has returned to Stanford University to teach political science and serve as a senior fellow at the university’s conservative Hoover Institute [Stanford University News, 1/28/2009] , refuses to take any responsibility for the Bush administration’s torture policies. All she ever did, she tells students, was “convey… the authorization of the administration” (see Late 2001-Early 2002, April 2002 and After, Mid-May, 2002, July 17, 2002, September or October 2002, Summer 2003, May 3, 2004, and April 9, 2008). However, Rice adds, since President Bush authorized the torture program, it was by definition legal, no matter what domestic law or international treaties stipulated. “The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture” (see October 21, 1994), she says. “So that’s—and by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.” Asked if waterboarding constitutes torture, Rice responds: “I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.” Ali Frick, a reporter with the progressive news Web site Think Progress, writes in response: “Rice is attempting to hide her central role in approving torture.… Rice’s opinion that a presidential authorization—‘by definition’—grants something legality is deeply disturbing. In fact, the United States—and its president—are bound by US statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions. Memo to Rice: Bush may have been ‘the Decider,’ but he didn’t have the authority to make an illegal act magically legal.” [Think Progress, 4/30/2009] In the same conversation, Rice seems to say that al-Qaeda poses a greater threat to the US than did Nazi Germany, and again denies that the US ever tortured anyone. A student asks, “Even in World War II facing Nazi Germany, probably the greatest threat that America has ever faced—” and Rice interjects, “Uh, with all due respect, Nazi Germany never attacked the homeland of the United States.” “No, but they bombed our allies—” the student replies, and Rice once again interrupts: “No, just a second, just a second. Three thousand Americans died in the Twin Towers and the Pentagon [referring to the 9/11 attacks].” The student observes, “500,000 died in World War II—” to which Rice replies, “Fighting a war in Europe.” The student continues, ”—and yet we did not torture the prisoners of war.” Rice says, “We didn’t torture anybody here either.” [Think Progress, 4/30/2009]

Entity Tags: US Department of Justice, Bush administration (43), Ali Frick, Al-Qaeda, Convention Against Torture, George W. Bush, Condoleezza Rice

Timeline Tags: Torture of US Captives

Former Nixon White House counsel John Dean says that former Secretary of State Condoleezza Rice may have unwittingly admitted to being part of a criminal conspiracy in regards to the Bush administration’s torture policies. Rice recently told students at Stanford University that she did not authorize any torture policies, she merely forwarded the authorization for them from higher up (see April 28, 2009). Dean tells MSNBC talk show host Keith Olbermann that she may have admitted to a criminal conspiracy. Dean calls Rice’s comments “surprising,” and says she has mired herself in the possibility of legal proceedings. “She tried to say she didn’t authorize anything, then proceeded to say she did pass orders along to the CIA to engage in torture if it was legal by the standard of the Department of Justice,” Dean says. “This really puts her right in the middle of a common plan, as it’s known in international law, or a conspiracy, as it’s known in American law, and this indeed is a crime. If it indeed happened the way we think it did happen.… These kinds of statements are going to come back and be interesting to any investigator.” Dean says that President Obama will stand in violation of the Geneva Conventions if he refuses to prosecute those found responsible for the torture policies. “He is indeed in violation if the United States does not undertake investigation of this, or ultimately prosecution, if that’s necessary,” Dean says. “It’s not only the Geneva Convention, the Convention Against Torture (see October 21, 1994) also requires this. There are no exceptions with torture. There are no real things like ‘torture light.’ The world community I think is going to hold the United States responsible, and if we don’t proceed, somebody is going to proceed.” [Raw Story, 5/1/2009; MSNBC, 5/1/2009]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), John Dean, Condoleezza Rice, Keith Olbermann, Convention Against Torture

Timeline Tags: Torture of US Captives

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.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

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]

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

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.” [American Enterprise Institute, 5/26/2009]

Entity Tags: US Supreme Court, Barack Obama, David Souter, Sonia Sotomayor, John C. Yoo

Timeline Tags: Domestic Propaganda

National Review columnist Mark Krikorian complains that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) should not insist on her name being pronounced properly—with the emphasis on the last syllable. “Putting the emphasis on the final syllable of Sotomayor is unnatural in English,” he writes, “and insisting on an unnatural pronunciation is something we shouldn’t be giving in to.” Krikorian continues: “This may seem like carping, but it’s not. Part of our success in assimilation has been to leave whole areas of culture up to the individual, so that newcomers have whatever cuisine or religion or so on they want, limiting the demand for conformity to a smaller field than most other places would. But one of the areas where conformity is appropriate is how your new countrymen say your name, since that’s not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options—the newcomer adapts to us, or we adapt to him. And multiculturalism means there’s a lot more of the latter going on than there should be.” [National Review, 5/27/2009] Two days later, MSNBC host Keith Olbermann derides Krikorian’s argument, noting: “I don’t know when your ancestors arrived in this country, Mr. Krikorian, but there was a time in which immigrants with tough-to-pronounce names were encouraged to change them, or sometimes had them changed for them at Ellis Island and elsewhere. Unless Sitting Bull is one of your ancestors, they either got here afterwards, or, like mine, they resisted this racist wall-papering pap that you are now spouting. If they hadn’t, today, your name, by your own logic, would be Mark Krik.” [MSNBC, 5/29/2009]

Entity Tags: Mark Krikorian, Keith Olbermann, Sonia Sotomayor, US Supreme Court

Timeline Tags: Domestic Propaganda

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.” [Wall Street Journal, 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. [Think Progress, 5/29/2009]

Entity Tags: Obama administration, Barack Obama, Karl C. Rove, US Supreme Court, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

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). [Washington Post, 5/29/2009]

Entity Tags: John Ullyot, Barack Obama, US Supreme Court, Robert Gibbs, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. [Think Progress, 6/2/2009]

Entity Tags: National Council of La Raza, Council of Conservative Citizens, US Supreme Court, Sonia Sotomayor, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich (R-GA) writes what appears to be a retraction or withdrawal of his previous accusations that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist (see May 27, 2009). He writes that he was reacting to the news of remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls his “initial reaction… perhaps too strong and too direct.” Others have criticized his “word choice” in his vilification of Sotomayor, and Gingrich writes, “The word ‘racist’ should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his press secretary, Robert Gibbs, have since admitted)” (see May 29, 2009). Gingrich then launches an attack on Sotomayor’s “judicial impartiality” and accuses her of “a betrayal of a fundamental principle of the American system—that everyone is equal before the law.” Gingrich is either unaware of, or ignoring, a recent analysis which disproves the thesis that Sotomayor has systematically exhibited racial bias in her rulings (see May 29, 2009). He calls her a “radical liberal activist” masquerading as a “convention[al] liberal,” and lambasts Obama for believing that “judicial impartiality” is “no longer a quality we can and should demand from our Supreme Court justices.” [Think Progress, 4/3/2007; Human Events, 6/3/2009] Liberal news and analysis Web site Think Progress notes that Gingrich may not be the most impartial person to weigh in on this issue, having called Spanish “the language of living in the ghetto” and warned of “gay and secular fascism” as an imminent threat to American society. [Think Progress, 4/3/2007; Think Progress, 11/17/2008]

Entity Tags: US Supreme Court, Sonia Sotomayor, Newt Gingrich, Barack Obama, Robert Gibbs, Think Progress (.org)

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]

Entity Tags: Republican National Committee, US Supreme Court, Sonia Sotomayor, Michael Steele

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” [Think Progress, 6/7/2009]

Entity Tags: US Supreme Court, Newt Gingrich, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

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.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

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; New York Times, 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). [Slate, 6/29/2009] The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).

Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Barack Obama, Federal Election Commission, US Supreme Court, New York Times, John G. Roberts, Jr, Richard L. Hasen, Nathaniel Persily, John McCain, Citizens United

Timeline Tags: Civil Liberties

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