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Context of 'June 25, 2003: Defense Deparment Lawyer Tells Senator that US ‘Does Not Permit’ Torture, Refuses to Provide Information on Specific Interrogation Techniques'

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Senator John McCain (R-AZ), the presumptive Republican nominee for president, urges President Bush to veto an upcoming bill prohibiting waterboarding and other extreme methods of interrogation after himself voting against the bill. The bill passes the Senate on a largely partisan 51-45 vote. It has already passed the House on a similar party-line vote, and Bush has already announced his intention to veto the bill. McCain has won a reputation as an advocate of prisoner rights and a staunch opponent of torture; his five-year stint as a POW in North Vietnam is well-known. But McCain voted against the legislation when it came up for a vote in the Senate, and he opposes the bill now. McCain says he is opposed to waterboarding, but does not want the CIA restricted to following the practices outlined in the US Army Field Manual, as the legislation would require. McCain says: “I knew I would be criticized for it. I think I can show my record is clear. I said there should be additional techniques allowed to other agencies of government as long as they were not” torture. “I was on the record as saying that they could use additional techniques as long as they were not cruel, inhumane and degrading treatment. So the vote was in keeping with my clear record of saying that they could have additional techniques, but those techniques could not violate” international rules against torture. McCain has said he believes waterboarding is already prohibited by the Detainee Treatment Act of 2005 (see December 30, 2005). And CIA director Michael Hayden has said that current law may well prohibit waterboarding; he claims to have stopped CIA agents from waterboarding detainees in 2006, and also claims that the technique was not used later than 2003. McCain’s Senate colleague, Charles Schumer (D-NY) says that if Bush vetoes the bill, then he in essence “will be voting in favor of waterboarding.” [New York Times, 2/13/2008; Associated Press, 2/21/2008] Bush will indeed veto the bill (see March 8, 2008).

Entity Tags: Detainee Treatment Act, George W. Bush, John McCain, Michael Hayden, Central Intelligence Agency, Charles Schumer

Timeline Tags: Torture of US Captives, Civil Liberties

The House of Representatives votes to hold White House Chief of Staff Joshua Bolten and former White House counsel Harriet Miers in contempt of Congress. Bolten and Miers have refused to testify to a House committee investigating the firing of several US attorneys. Many House Republicans walk off the House floor before the vote is cast, ostensibly because they want to work on reauthorizing the Protect America Act (see August 5, 2007) rather than deal with the contempt citation. Minority Leader John Boehner complains, “We have space on the calendar today for a politically charged fishing expedition, but no space for a bill that would protect the American people from terrorists who want to kill us.” [Associated Press, 2/14/2008] “We will not stand for this, and we will not stay for this. And I would ask my House Republican colleagues and those who believe we should be protecting the American people, to not vote on this bill. Let’s just get up and leave.” [Think Progress, 2/14/2008] (Before they walk out, Lincoln Diaz-Balart (R-FL) attempts to disrupt the memorial service for the recently deceased Tom Lantos (D-CA), taking place in Statuary Hall just a few steps from the House chambers, by calling for a procedural vote during the memorial service. An MSNBC reporter says Diaz-Balart’s action is apparently the result of “pique.”) [MSNBC, 2/14/2008] The contempt citation will be forwarded to the US Attorney for the District of Columbia. The two resolutions passed hold Bolten and Miers in contempt, and allow for the House to file a civil suit against the Bush administration to compel the aides’ testimony. “I hope this administration will realize this Congress is serious about its constitutional role of oversight,” says House Speaker Nancy Pelosi (D-CA). Pelosi says she “had hoped that this day would never have come,” and adds that if the White House instructs Justice Department attorneys not to prosecute the contempt citations, “we will have power to go to federal court and seek civil enforcement of our subpoenas.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
White House Conditions 'Beyond Arrogance' - The White House has already said it will not allow the Justice Department to pursue the contempt charges, claiming that the information is off-limits because of executive privilege, and that Bolten and Miers are immune from prosecution. House Democrats such as Judiciary Committee chairman John Conyers (D-MI) had tried for months to work with the White House to win its approval for the aides’ testimony, but were unwilling to accept the White House’s restrictive conditions—investigators would not have been allowed to make transcripts of the testimony, to copy documents presented in the testimony, or to seek any more information after the single session. Pelosi said of the White House’s conditions, “This is beyond arrogance. It’s hubris taken to the ultimate degree.”
Republicans Say Testimony Would 'Undermine' Power of Executive Branch - Republicans such as David Dreier (R-CA) warn that such a case might “undermine the power of the first [executive] branch of government.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
Miller: Bush Attempting to 'Decide by Decree' - Representative Brad Miller (D-NC) says during the deliberations, “The president cannot decide by decree. The president cannot announce with absolute unreviewable authority what information the administration will provide or withhold. The framers of our Constitution had just fought a war against an autocratic king. It is inconceivable that they intended to create an executive branch with the power the Bush administration now claims and that the minority now supports.” [Speaker of the House, 2/14/2008]

Entity Tags: Harriet E. Miers, Bush administration (43), John Boehner, Joshua Bolten, Brad Miller, US Department of Justice, Tom Lantos, Nancy Pelosi

Timeline Tags: Civil Liberties

Admiral Mike McConnell, the director of national intelligence, admits during a radio interview that the main issue over the renewal of the Protect America Act (PAA) (see August 5, 2007) is not the security and safety of the nation, but the need to extend liability immunity to the nation’s telecommunications firms. In recent days, President Bush has said that unnamed terrorists are planning attacks on the US that will make 9/11 “pale by comparison,” and the only way to stop those attacks is to renew the PAA with new provisions that will grant telecommunications firms such as BellSouth, Verizon, and AT&T retroactive immunity from prosecution. Those firms are accused of illegally aiding the government in electronically monitoring the telephone and e-mail conversations of US citizens (see February 5, 2006). The PAA expires on February 16, but the government can operate under its provisions for another year. McConnell tells a National Public Radio reporter that the biggest issue surrounding the legislation is liability protection for the telecom firms. “We can’t do this mission without their help,” he says. “Currently there is no retroactive liability protection for them. They’re being sued for billions of dollars.” They did not break the law, McConnell asserts, but the lawsuits are curtailing their willingness to cooperate with the government. “The Senate committee that passed the bill examined the activities of the telecom companies and concluded they were not violating the law,” he says. By not extending retroactive immunity, McConnell says, “we’d lose the capability to protect the country.” [National Public Radio, 2/15/2008] Two days later, McConnell echoes his unusually frank admission. Interviewed on Fox News, he says: “Let me make one other point just—very important. The entire issue here is liability protection for the carriers. And so the old law and extended law are an expired law if we don’t have retroactive liability protection for the carriers. They are less inclined to help us, and so their support.… And therefore, we do not have the agility and the speed that we had before to be able to move and try to capture [terrorists’] communications to thwart their planning.” He also implies that the argument against granting immunity—if the telecoms’ actions were legal in the first place then they wouldn’t need immunity—is valid. Interviewer Chris Wallace says: “Isn’t the central issue here that you’ve lost your power to compel telecommunications companies to cooperate with you and also your ability to offer them legal immunity? Again, the Democrats would say, ‘Look, if the cooperation is legal, they don’t need legal immunity.’” McConnell replies: “Exactly right. The issue now is there’s uncertainty because the law has expired and the law of August, the Protect America Act, allowed us to compel—compel—support from a private carrier. That’s now expired.… [T]he private sector, although willingly helped us [sic] in the past, are now saying, ‘You can’t protect me. Why should I help you?’” Interestingly, after all of the talk of imminent terror attacks, when Wallace asks, “Do you believe al-Qaeda is more of a threat now than any time since 9/11?” McConnell says flatly: “No. Following 9/11, al-Qaeda’s leadership and operatives were degraded probably two-thirds or three-quarters.” House Majority Leader Steny Hoyer (D-MD) responds that the administration’s attempt to tie the renewal of the PAA into the threat of future terrorist attacks is “wrong, divisive and nothing but fear-mongering.” Senator Edward Kennedy (D-MA) adds that McConnell’s “latest comments show yet again the shamelessness of the administration’s tactics.” [Fox News, 2/17/2008]

Entity Tags: Protect America Act, BellSouth, Al-Qaeda, AT&T, Chris Wallace, George W. Bush, Edward M. (“Ted”) Kennedy, Verizon Communications, Steny Hoyer, Mike McConnell

Timeline Tags: Civil Liberties

The Protect America Act (PAA—see August 5, 2007) expires today. Congress has refused to pass a reauthorization of the legislation that contains a provision to grant retroactive immunity to US telecommunications firms to protect them from lawsuits arising from their previous cooperation with government eavesdroppers (see February 5, 2006). President Bush has warned for days that by refusing to reauthorize the bill, Congress is leaving the US “more in danger of attack.” The surveillance elements of the PAA will continue in force for another year after its passage even as the PAA itself expires, so the government’s capability to use electronic surveillance against suspected terrorists and citizens alike continues unabated through August 2008.
Republican Reaction - House Minority Leader John Boehner (R-OH) warns, “This is a grave problem, and the Democrat leaders ought to be held accountable for their inaction.” Senate Minority Leader Mitch McConnell (R-KY) says, “The companies have been waiting for six months for retroactive liability” protection. “They are under pressure from their directors, pressure from their shareholders, and you’re jeopardizing the entire existence of the company by continuing to do this.”
Democratic Reaction - But House Democrats seem to be in no mood to give in to Bush’s rhetoric. Speaker of the House Nancy Pelosi (D-CA) says Bush is “misrepresenting the facts on our nation’s electronic-surveillance capabilities.” “There is no risk the program will go dark,” says Silvestre Reyes (D-TX), chairman of the House Intelligence Committee. Many Democrats accuse the administration of putting the interests of telecom firms over national security—accusations that intensify after Bush’s Director of National Intelligence, Mike McConnell, admitted that the real issue behind the reauthorization is the immunity for telecoms (see February 15-17, 2008). Senator Edward Kennedy (D-MA) says that the entire argument is “nothing more than a scare tactic designed to avoid legal and political accountability and keep Americans in the dark about the administration’s massive lawbreaking.” House member Tim Walz (D-MN) says, “Coming from a military background, I sure don’t downplay that there are threats out there, but the president’s demagoguery on this is the equivalent of the boy crying wolf.” And Rahm Emanuel (D-IL), the head of the House Democratic Caucus, says bluntly: “This is not about protecting Americans. The president just wants to protect American telephone companies.”
Previous Depiction - When the law was signed into effect August 5, 2007, it was portrayed by the White House as “a temporary, narrowly focused statute to deal with the most immediate needs of the intelligence community to protect the country.” Now it is being portrayed by Bush officials as the cornerstone of the nation’s terrorist-surveillance program. The issue is sure to resurface when Congress returns from a week-long break in late February. [Associated Press, 2/14/2008; Washington Post, 2/16/2008]

Entity Tags: Nancy Pelosi, Mike McConnell, John Boehner, George W. Bush, Edward M. (“Ted”) Kennedy, Mitch McConnell, Protect America Act, Rahm Emanuel, Silvestre Reyes, Tim Walz

Timeline Tags: Civil Liberties

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

Joseph Margulies.Joseph Margulies. [Source: PBS]Joseph Margulies, a law professor at Northwestern University, and lawyer George Brent Mickum write of their plans to meet with Guantanamo detainee Abu Zubaida (see March 28, 2002) as part of his legal defense team. The lawyers write: “Zubaydah’s world became freezing rooms alternating with sweltering cells. Screaming noise replaced by endless silence. Blinding light followed by dark, underground chambers. Hours confined in contorted positions. And, as we recently learned, Zubaydah was subjected to waterboarding. We do not know what remains of his mind, and we will probably never know what he experienced.” What exactly the CIA did to Zubaida may never be determined, as the agency destroyed the videotapes of his interrogations (see Spring-Late 2002). Zubaida’s subsequent confessions to FBI agents are essentially meaningless, the lawyers assert, because his will and mind were already irrevocably broken by the time of the FBI interviews. The lawyers hope to piece together what Zubaida knew and what was done to him, although they are not confident they will be given the documentation necessary to find out what they want to know. They fear that, if they are not able to learn the truth of Zubaida’s participation with al-Qaeda and the interrogation methods he was subjected to, then in his and others’ cases, the truth will be “only what the administration reports it to be. We hope it has not come to that.” [Washington Post, 2/23/2008]

Entity Tags: Federal Bureau of Investigation, Osama bin Laden, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Joseph Margulies, George Brent Mickum

Timeline Tags: Torture of US Captives

A new investigation modeled on the Church Committee, which investigated government spying (see April, 1976) and led to the passage of the Foreign Intelligence Surveillance Act (FISA - see 1978) in the 1970s, is proposed. The proposal follows an amendment to wiretapping laws that immunizes telecommunications companies from prosecution for illegally co-operating with the NSA. A detailed seven-page memo is drafted outlining the proposed inquiry by a former senior member of the original Church Committee.
Congressional Investigative Body Proposed - The idea is to have Congress appoint an investigative body to discover the full extent of what the Bush White House did in the war on terror that may have been illegal and then to implement reforms aimed at preventing future abuses—and perhaps to bring accountability for wrongdoing by Bush officials. Key issues to investigate include:
bullet The NSA’s domestic surveillance activities;
bullet The CIA’s use of rendition and torture against terrorist suspects;
bullet The U.S. government’s use of military assets—including satellites, Pentagon intelligence agencies, and U2 surveillance planes—for a spying apparatus that could be used against people in the US; and
bullet The NSA’s use of databases and how its databases, such as the Main Core list of enemies, mesh with other government lists, such as the no-fly list. A deeper investigation should focus on how these lists feed on each other, as well as the government’s “inexorable trend towards treating everyone as a suspect,” says Barry Steinhardt, the director of the Program on Technology and Liberty for the American Civil Liberties Union (ACLU).
Proposers - The proposal is a product of talks between civil liberties advocates and aides to Democratic leaders in Congress. People consulted about the committee include aides to House Speaker Nancy Pelosi (D-CA) and Judiciary Committee chairman John Conyers (D-MI). The civil liberties organizations include the ACLU, the Center for Democracy and Technology, and Common Cause. However, some Democrats, such as Pelosi, Senate Intelligence Committee chairman John D. Rockefeller (D-WV), and former House Intelligence chairwoman Jane Harman (D-CA), approved the Bush administration’s operations and would be made to look bad by such investigation.
Investigating Bush, Clinton Administrations - In order that the inquiry not be called partisan, it is to have a scope going back beyond the start of the Bush administration to include the administrations of Bill Clinton, George H. W. Bush, and Ronald Reagan. The memo states that “[t]he rise of the ‘surveillance state’ driven by new technologies and the demands of counter-terrorism did not begin with this administration.” However, the author later says in interviews that the scope of abuse under George W. Bush would likely be an order of magnitude greater than under preceding presidents.
'Imagine What We Don't Know' - Some of the people involved in the discussions comment on the rationale. “If we know this much about torture, rendition, secret prisons, and warrantless wiretapping despite the administration’s attempts to stonewall, then imagine what we don’t know,” says a senior Democratic congressional aide who is familiar with the proposal. Steinhardt says: “You have to go back to the McCarthy era to find this level of abuse. Because the Bush administration has been so opaque, we don’t know [the extent of] what laws have been violated.” “It’s not just the ‘Terrorist Surveillance Program,’” says Gregory Nojeim from the Center for Democracy and Technology. “We need a broad investigation on the way all the moving parts fit together. It seems like we’re always looking at little chunks and missing the big picture.”
Effect on Presidential Race Unknown - It is unknown how the 2008 presidential race may affect whether the investigation ever begins, although some think that Democratic candidate Barack Obama (D-IL), said to favor open government, might be more cooperative with Congress than his Republican opponent John McCain (R-AZ). However, a participant in the discussions casts doubt on this: “It may be the last thing a new president would want to do.” [Salon, 7/23/2008]

Entity Tags: Nancy Pelosi, Gregory Nojeim, Center for Democracy and Technology, American Civil Liberties Union, Barry Steinhardt, Bush administration (43), Common Cause, Jane Harman

Timeline Tags: Civil Liberties, Inslaw and PROMIS

Justice Department attorney Brian Benczkowski replies to a follow-up letter from Senator Ron Wyden (D-OR), who is challenging the department’s claims that the CIA detainee interrogation program is fully compliant with US and international law (see December 20, 2007). Much of Benczkowski’s letter is a reiteration of points made in an earlier letter (see September 27, 2007), even citing the same legal cases that Wyden challenged as not directly relevant to the Justice Department’s arguments. Benczkowski reiterates that the definitions of “humane treatment” and “cruel, inhuman, and degrading treatment” are flexible, in the department’s view, and can change drastically depending on the identity of the detainee and the circumstances surrounding his interrogation. The standards of compliance are also mitigated by the “nature and importance of the government interest,” he claims, giving as an example the possibility of abrogating a detainee’s fundamental rights under the Geneva Conventions and other statutes in order to force information about an impending terrorist attack from him. Benczkowski reiterates that the Eighth Amendment only applies to prisoners after they have been convicted of a crime; hence, detainees never tried or charged for crimes have no rights under that amendment. It is apparent that Benczkowski considers the discussion closed; he concludes his letter with the statement, “Please do not hesitate to contact the Department if we can be of assistance in other matters.” [US Department of Justice, 3/6/2008 pdf file]

Entity Tags: Central Intelligence Agency, Brian A. Benczkowski, Ron Wyden, Geneva Conventions, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

President Bush vetoes legislation passed by Congress that would have banned the CIA from using waterboarding and other “extreme” interrogation techniques. The legislation is part of a larger bill authorizing US intelligence activities. The US Army prohibits the use of waterboarding and seven other interrogation techniques in the Army Field Manual; the legislation would have brought the CIA in line with US military practices. Waterboarding is banned by many countries and its use by the US and other regimes has been roundly condemned by US lawmakers and human rights organizations. The field manual also prohibits stripping prisoners naked; forcing them to perform or simulate sexual acts; beating, burning, or otherwise inflicting harm; subjecting prisoners to hypothermia; subjecting prisoners to mock executions; withholding food, water, or medical treatment; using dogs to frighten or attack prisoners; and hooding prisoners or strapping duct tape across their eyes.
Reasoning for Veto - “Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists,” Bush explains. The vetoed legislation “would diminish these vital tools.” Bush goes on to say that the CIA’s interrogation program has helped stop terrorist attacks on a US Marine base in Djibouti and the US consulate in Pakistan, as well as stopped plans for terrorists to fly hijacked planes into a Los Angeles tower or perhaps London’s Heathrow Airport. He gives no specifics, but adds, “Were it not for this program, our intelligence community believes that al-Qaeda and its allies would have succeeded in launching another attack against the American homeland.” John D. Rockefeller (D-WV), the head of the Senate Intelligence Committee, disagrees, saying he knows of no instances where the CIA has used such methods of interrogation to obtain information that led to the prevention of a terrorist attack. “On the other hand, I do know that coercive interrogations can lead detainees to provide false information in order to make the interrogation stop,” he says. CIA Director Michael Hayden says that the CIA will continue to work within both national and international law, but its needs are different from those of the Army, and it will follow the procedures it thinks best. Bush complains that the legislation would eliminate not just waterboarding, but “all the alternative procedures we’ve developed to question the world’s most dangerous and violent terrorists.” [Reuters, 3/8/2008; Associated Press, 3/8/2008]
Criticism of Veto - Democrats, human rights leaders, and others denounce Bush’s veto. Senator Dianne Feinstein (D-CA) says, “This president had the chance to end the torture debate for good, yet he chose instead to leave the door open to use torture in the future.” Feinstein notes that Bush ignored the advice of 43 retired generals and admirals, and 18 national security experts, who all supported the bill. “Torture is a black mark against the United States,” she says. House Speaker Nancy Pelosi (D-CA) says she and fellow Democrats will try to override the veto and thus “reassert [the United States’s] moral authority.” Elisa Massimino of Human Rights First says, “The president’s refusal to sign this crucial legislation into law will undermine counterterrorism efforts globally and delay efforts to rebuild US credibility on human rights.” [Associated Press, 3/8/2008] New York Times journalist Steven Lee Myers writes that Bush vetoes the bill not just to assert his support for extreme interrogation techniques or to provide the government everything it needs to combat terrorism, but as part of his ongoing battle to expand the power of the presidency. Myers writes, “At the core of the administration’s position is a conviction that the executive branch must have unfettered freedom when it comes to prosecuting war.” [New York Times, 3/9/2008]

Entity Tags: Nancy Pelosi, Human Rights First, George W. Bush, Elisa Massimino, Dianne Feinstein, Central Intelligence Agency, John D. Rockefeller, Michael Hayden, US Department of the Army, Senate Intelligence Committee, Steven Lee Myers

Timeline Tags: Torture of US Captives, 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

Alleged al-Qaeda leader Muhammad Rahim al-Afghani is transferred to the US-run prison in Guantanamo, Cuba, and officially declared a “high value” prisoner. Rahim was captured in Lahore, Pakistan, by local forces in July 2007 (see July 2007) and then was held in a secret CIA prison until his transfer to Guantanamo (see Late July 2007-March 14, 2008).
Why Is Rahim Considered Important? - Rahim is just the 16th person the US government has declared a “high value” prisoner. Fourteen prisoners were given that label when they were transferred from secret CIA prisons to Guantanamo in September 2006 (see September 6, 2006 and September 2-3, 2006). The 15th was Abd al-Hadi al-Iraqi, who was held by the CIA in autumn 2006 and sent to Guantanamo in April 2007 (see Autumn 2006-Late April 2007). [Los Angeles Times, 3/15/2008] Although there had been reports in Pakistan about Rahim shortly after his arrest, virtually nothing was known about him until his transfer to Guantanamo. [Asian News International, 8/2/2007] He may have experienced extreme sleep deprivation during CIA interrogations (see August and November 2007).
Hayden's Memo - There still are no published photographs of him. At the same time Rahim is sent to Guantanamo, CIA Director Michael Hayden issues a memo to CIA employees explaining Rahim’s alleged importance. Hayden calls Rahim a “tough, seasoned jihadist” with “high-level contacts,” and claims his arrest “was a blow to more than one terrorist network. He gave aid to al-Qaeda, the Taliban, and other anti-coalition militants.” According to Hayden, Rahim sought chemicals for an attack on US forces in Afghanistan and tried to recruit people who had access to US military facilities there. He helped prepare Tora Bora as a hideout in 2001, and then helped al-Qaeda operatives flee the area when US forces overran it in late 2001. But perhaps most importantly, Rahim had become one of Osama bin Laden’s most trusted facilitators and translators in the years prior to Rahim’s arrest. [Los Angeles Times, 3/15/2008; New York Times, 3/15/2008]

Entity Tags: Muhammad Rahim al-Afghani, Al-Qaeda, Abd al-Hadi al-Iraqi, Central Intelligence Agency, Osama bin Laden, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

John Conyers.John Conyers. [Source: Public domain / US Congress]Democrats in Congress lambast the Bush administration over recent disclosures that senior White House officials specifically approved the use of extreme interrogation measures against suspected terrorists (see April 2002 and After). Senator Edward Kennedy (D-MA) calls the news “yet another astonishing disclosure about the Bush administration and its use of torture.… Who would have thought that in the United States of America in the 21st century, the top officials of the executive branch would routinely gather in the White House to approve torture? Long after President Bush has left office, our country will continue to pay the price for his administration’s renegade repudiation of the rule of law and fundamental human rights.” [Associated Press, 4/10/2008] John Conyers (D-MI), chairman of the House Judiciary Committee, calls the actions “a stain on our democracy.” Conyers says his committee is considering subpoenaing members of the Principals, and perhaps the author of the torture memo, John Yoo (see August 1, 2002), to testify about the discussions and approvals. [Progressive, 4/14/2008]

Entity Tags: George W. Bush, Bush administration (43), Edward M. (“Ted”) Kennedy, John Conyers, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

President Bush admits he knew about his National Security Council Principals Committee’s discussion and approval of harsh interrogation methods against certain terror suspects (see April 2002 and After). Earlier reports had noted that the Principals—a group of top White House officials led by then-National Security Adviser Condoleezza Rice—had deliberately kept Bush “out of the loop” in order for him to maintain “deniability.” Bush tells a reporter: “Well, we started to connect the dots in order to protect the American people. And yes, I’m aware our national security team met on this issue. And I approved.” Bush says that the news of those meetings to consider extreme interrogation methods was not “startling.” He admitted as far back as 2006 that such techniques were being used by the CIA (see September 6, 2006). But only now does the news of such direct involvement by Bush’s top officials become public knowledge. The Principals approved the waterboarding of several terror suspects, including Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003 and March 10, 2007); Bush defends the use of such extreme measures against Mohammed, saying: “We had legal opinions that enabled us to do it. And no, I didn’t have any problem at all trying to find out what Khalid Shaikh Mohammed knew.… I think it’s very important for the American people to understand who Khalid Shaikh Mohammed was. He was the person who ordered the suicide attack—I mean, the 9/11 attacks.” [ABC News, 4/11/2008] Bush’s admission is no surprise. The day before Bush makes his remarks, law professor Jonathan Turley said: “We really don’t have much of a question about the president’s role here. He’s never denied that he was fully informed of these measures. He, in fact, early on in his presidency—he seemed to brag that they were using harsh and tough methods. And I don’t think there’s any doubt that he was aware of this. The doubt is simply whether anybody cares enough to do anything about it.” [MSNBC, 4/10/2008]

Entity Tags: George W. Bush, Central Intelligence Agency, Condoleezza Rice, Jonathan Turley, National Security Council, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline, Civil Liberties

The American Civil Liberties Union (ACLU) calls for an independent counsel to investigate President Bush and his current and former top officials over their involvement in approving torture against terror suspects held captive by US military and intelligence personnel (see April 2002 and After and April 11, 2008). The ACLU’s executive director, Anthony Romero, says: “We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the president himself and authorization from his top advisers only confirms our worst fears. It is a very sad day when the president of the United States subverts the Constitution, the rule of law, and American values of justice.” The ACLU’s Caroline Frederickson adds: “No one in the executive branch of government can be trusted to fairly investigate or prosecute any crimes since the head of every relevant department, along with the president and vice president, either knew [of] or participated in the planning and approval of illegal acts. Congress cannot look the other way; it must demand an independent investigation and independent prosecutor.” Romero says the ACLU is offering legal assistance to any terrorism suspect being prosecuted by the US: “It is more important than ever that the US government, when seeking justice against those it suspects of harming us, adhere to our commitment to due process and the rule of law. That’s why the ACLU has taken the extraordinary step to offer our assistance to those being prosecuted under the unconstitutional military commissions process.” [American Civil Liberties Union, 4/12/2008]

Entity Tags: Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Caroline Frederickson, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

Ruth Conniff.Ruth Conniff. [Source: PBS]Columnist and veteran news commentator Ruth Conniff writes in the Progressive that she is disturbed both by the news that senior Bush officials signed off on the use of specific torture methods against al-Qaeda suspects in US custody (see April 2002 and After), and by the fact that the mainstream media, with notable exceptions, has virtually ignored the story. Between this story and the follow-up that President Bush himself knew of the discussions and approvals (see April 11, 2008), Conniff asks: “Why is this not bigger news? Remember when the nation was brought to a virtual standstill over Bill Clinton’s affair with a White House intern? We now have confirmation that the president of the United States gave the OK for his national security team to violate international law and plot the sordid details of torture. The Democrats in Congress should be raising the roof.” [Progressive, 4/14/2008]

Entity Tags: Al-Qaeda, Bush administration (43), Ruth Conniff

Timeline Tags: Torture of US Captives, Domestic Propaganda

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

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]

Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona

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

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

Peter Hart.Peter Hart. [Source: Seattle Post-Intelligencer]Following up on the New York Times’s story of the Pentagon “psyops” campaign to manipulate public opinion on the Iraq war in 2002 and beyond (see April 20, 2008 and Early 2002 and Beyond), Democracy Now! examines the almost-total lack of antiwar voices “analyzing” the Iraq war and occupation on the mainstream news broadcasts and in the nation’s newspapers.
Disdain for Democracy - Retired Air Force colonel Sam Gardiner, who has taught at the National War College, says the program—which is still in effect—shows a “painful… disdain of the Pentagon for democracy.… They don’t believe in democracy. They don’t believe that the American people, if given the truth, will come to a good decision. That’s very painful.” He is disappointed that so many retired military officers would present themselves as independent analysts without disclosing the fact that they were (and still are) extensively briefed by the Pentagon and coached as to what to say on the air. The networks and newspapers function as little more than cheerleaders for the Pentagon: “[t]hey wanted cheerleaders, and they could have—without knowing the background that the analysts were being given inside information, they wanted cheerleaders, and they knew that cheerleaders gave them access.”
Media Complicity - Peter Hart, a senior official of the media watchdog organization Fairness and Accuracy in Reporting (FAIR), says that the Pentagon’s propaganda operation isn’t as shocking to him and his organization as is the level of complicity and enthusiasm from the news media. “They didn’t care what military contractors these guys were representing when they were out at the studio,” Hart says. “They didn’t care that the Pentagon was flying them on their own dime to Iraq. Just basic journalistic judgment was completely lacking here. So I think the story is really about a media failure, more than a Pentagon failure. The Pentagon did exactly what you would expect to do, taking advantage of this media bias in favor of having more and more generals on the air when the country is at war.”
Psyops Campaign - Gardiner says that the way he understands it, the Pentagon’s psychological operations (psyops) campaign had three basic elements. One was “to dominate the news 24/7.” They used daily morning briefings from Baghdad or Kuwait, and afternoon press briefings from the Pentagon, to hold sway over televised news programs. They used embedded journalists to help control the print media. A Pentagon communication consultant, public relations specialist John Rendon, said that early in the program, the Pentagon “didn’t have people who provided the context. We lost control of the military analysts, and they were giving context.” The Pentagon quickly began working closely with the networks’ military analysts to control their messages. The Pentagon’s PR officials rarely worked with analysts or commentators who disagreed with the administration’s stance on the war, Gardiner says, and that included Gardiner himself. “People that were generally supportive of the Pentagon were the ones that were invited.” Gardiner notes: “We’re very close to violating the law. They are prohibited from doing propaganda against American people. And when you put together the campaign that [former Pentagon public relations chief] Victoria Clarke did with these three elements, you’re very close to a violation of the law.” [Democracy Now!, 4/22/2008]

Entity Tags: US Department of Defense, Victoria (“Torie”) Clarke, Peter Hart, Fairness and Accuracy in Reporting, Sam Gardiner

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Barry Sussman.Barry Sussman. [Source: Nieman Watchdog]Former Washington Post editor Barry Sussman, the head of the Nieman Watchdog project at Harvard University, asks a number of pertinent questions about the recently exposed Pentagon propaganda operation that used retired military officers to manipulate public opinion in favor of the Iraq occupation (see April 20, 2008 and Early 2002 and Beyond). Sussman notes that “[t]he story has implications of illegal government propaganda and, possibly, improper financial gains,” and asks the logical question, “So what happened to it?” It is receiving short shrift in the mainstream media, as most newspapers and almost all major broadcast news operations resolutely ignore it (see April 21, 2008, April 24, 2008, and May 5, 2008). Sussman asks the following questions in hopes of further documenting the details of the Pentagon operation:
bullet Does Congress intend to investigate the operation?
bullet Do the three presidential candidates—Democrats Hillary Clinton and Barack Obama, and Republican John McCain, have any comments (see April 28, 2008)?
bullet Since the law expressly forbids the US government to, in reporter David Barstow’s words, “direct psychological operations or propaganda against the American people,” do Constitutional attorneys and scholars have any opinions on the matter? Was the operation a violation of the law? Of ethics? Of neither?
bullet Former Secretary of Defense Donald Rumsfeld created the Office of Strategic Influence in 2001 (see Shortly after September 11, 2001), which was nothing less than an international propaganda operation. Rumsfeld claimed the office had been closed down after the media lambasted it, but later said the program had continued under a different name (see February 20, 2002). Does the OSI indeed still exist?
bullet Did the New York Times wait an undue period to report this story? Could it not have reported the story earlier, even with only partial documentation? Sussman notes: “Getting big stories and holding them for very long periods of time has become a pattern at the Times and other news organizations. Their rationale, often, is that the reporting hasn’t been completed. Is reporting ever completed?”
bullet Many of the military analysts cited in the story have close ties to military contractors and defense firms who make handsome profits from the war. Is there evidence that any of the analysts may have financially benefited from promoting Pentagon and Bush administration policies on the air? Could any of these be construed as payoffs? [Barry Sussman, 4/23/2008]

Entity Tags: Free Press, Office of Strategic Influence, Nieman Watchdog, Donald Rumsfeld, David Barstow, Barry Sussman, Barack Obama, John McCain, US Department of Defense, New York Times, Hillary Clinton

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

PBS reports on the recent revelations about a Pentagon propaganda operation that uses retired military officers as “independent military analysts” to further its goal of promoting the Iraq war and occupation (see April 20, 2008 and Early 2002 and Beyond). Reporter Judy Woodruff notes, “And for the record, we invited Fox News, CNN, MSNBC, CBS, ABC and NBC to participate, but they declined our offer or did not respond.” Neither does the Pentagon send anyone to take part in the report. Woodruff discloses that PBS’s NewsHour with Jim Lehrer put five military analysts on retainer in 2003, but says that none of them attended Pentagon briefings while being paid by PBS, as so many of the other network analysts did.
Selling and Managing the War - The Center for Media and Democracy’s John Stauber says, “[S]hame on the networks who were duped this way that they didn’t show up to defend or explain their actions.” Stauber calls the Pentagon operation “a psyops campaign, an incredible government propaganda campaign whereby Donald Rumsfeld and Torie [Victoria] Clarke, the head of public relations for the Pentagon, designed a program to recruit 75, at least 75 former military officers… most of them now lobbyists or consultants to military contractors, and insert them, beginning in 2002, before the attack on Iraq was even launched, into the major networks to manage the messages, to be surrogates. And that’s the words that are actually used, ‘message multipliers’ for the secretary of defense and for the Pentagon. This program continues right up to now.” Stauber says that the Pentagon program is patently illegal (see April 28, 2008), though the Pentagon may dispute that contention. “It is illegal for the US government to propagandize citizens in this way,” he says. “In my opinion, this war could have never been sold if it were not for this sophisticated propaganda campaign. And what we need is congressional investigation of not just this Pentagon military analyst program, but all the rest of the deception and propaganda that came out of the Bush administration and out of the Pentagon that allowed them to sell and manage this war.”
Full Disclosure Needed - Former ABC news correspondent Robert Zelnick, now a professor of journalism at Boston University, says the only thing that surprised him about the New York Times report that broke the story was its length. Zelnick says that when he covered the Pentagon: “I often sought information from retired generals and admirals and colonels because I knew they were well-informed. I knew they kept in touch. I knew they had drinks at the Army-Navy Club. I know they went to Army-Navy football games on special trains together. I knew that many of them were serving as what we called Beltway bandits or consultants.” Zelnick says: “[I]f you have an admiral on who is or a general who is currently a consultant to the Pentagon, that should be disclosed right at the top of the interview. But we don’t—as networks, we didn’t have these people on because they were neutral; we had them on because they knew what they were talking about. They had spent their lives in military affairs.” Zelnick says that to conclude the Pentagon actually “recruited” analysts for ABC or another network or cable broadcaster is an overgeneralization; the Pentagon merely “recommended, perhaps, former generals or admirals to the various networks and, once they had them, they kept them informed. And I think that’s to the good. It meant that more information was available. If occasionally a general or an admiral or a colonel who was retired and used in this fashion allowed himself to be dictated to, that’s his fault. And I think any solid news person or executive editor running one of these programs would have discerned that early on and quit using him.”
'Agents of Pentagon Propaganda' - Stauber retorts that he is “shocked to hear Bob Zelnick depict and misrepresent what’s going on here. And I have to wonder, Professor Zelnick, if you even read the New York Times article very closely. This is an instant where these people were recruited by Secretary of Defense Rumsfeld as agents of Pentagon propaganda and inserted into the networks. Now, you can fault—and we should fault—the networks for not vetting these people properly, for not being much more careful about their credentials. But the fact is this program began with the Pentagon, with the Bush administration, recruiting these people to be their surrogates. And those are the words that the internal documents used. This is the Pentagon Papers of this war.” Zelnick responds that the networks had just as many analysts on their payrolls during the 1991 Gulf War, “[s]o it was something that the networks perceived was in their own interest to develop these kinds of contacts. And it was in their interest. It certainly was in my interest as a Pentagon correspondent.” Zelnick says that while the networks should always disclose their analysts’ business connections with whatever defense firms they represent, “what do we expect these guys to do after 30 or 40 years in the service, during which time they’ve risen to the ranks of the most senior officers? We would expect them to wind up as consultants or, as I said, we call them Beltway bandits. I just don’t get upset over something that’s completely natural, completely to be expected, and widely known throughout the industry.” Stauber disputes Zelnick’s characterization, and notes that the structure of the operation was guided from Rumsfeld and Clarke, not from the networks initiating contact with the Pentagon on behalf of their military analysts. “The flow was illegal government propaganda, recruiting these people, and inserting them into the news, and then hiring a company to measure and quantify how good a job they did of selling the war and managing press and public opinion. This is Goebbels-like.” [PBS, 4/24/2008]

Entity Tags: Victoria (“Torie”) Clarke, Robert Zelnick, US Department of Defense, Judy Woodruff, Donald Rumsfeld, Center for Media and Democracy, CNN, CBS News, ABC News, Fox News, John Stauber, New York Times, MSNBC, NBC, Public Broadcasting System

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” [PRWatch, 4/25/2008]

Entity Tags: Joseph Goebbels, Society of Professional Journalists, New York Times, John Stauber, David Barstow, Center for Media and Democracy, Nixon administration, Sheldon Rampton, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Pentagon temporarily halts its program of briefing “independent military analysts” for their appearances on US television news broadcasts after a New York Times article alleges that the military analysts are part of a systematic propaganda and disinformation campaign (see April 20, 2008 and Early 2002 and Beyond). The announcement comes from Robert Hastings, the deputy assistant secretary of defense for public affairs. Hastings says he is concerned about allegations that the Pentagon’s relationship with the retired military officers may be improper, and is reviewing the program. “Following the allegations, the story that is printed in the New York Times, I directed my staff to halt, to suspend the activities that may be ongoing with retired military analysts to give me time to review the situation,” Hastings says. He says he did not discuss the matter with Defense Secretary Robert Gates before making his decision. [Stars and Stripes, 4/26/2008; New York Times, 4/26/2008]

Entity Tags: Robert Hastings, Robert M. Gates, US Department of Defense, New York Times

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

In recent letters to Congress, the Justice Department has suggested that the Geneva Conventions’ ban on “outrages against personal dignity” does not automatically apply to terrorism suspects in the custody of US intelligence agencies (see August 8, 2007 and March 6, 2008). The letters are just now being made public, with Senator Ron Wyden (D-OR) making them available to the Washington Post. Last year, Wyden asked the Justice Department to provide an explanation for President Bush’s 2007 executive order authorizing the CIA to continue using so-called “harsh interrogation techniques” on detainees (see July 20, 2007) even as Bush claimed US interrogators would always observe Geneva restrictions. The department responded with several letters that reasserted the Bush administration’s contentions that it is not bound by domestic law or international treaties in deciding how the Geneva Conventions apply to the interrogation of terror suspects. [Washington Post, 4/27/2008; Voice of America, 4/27/2008]
'Humane Treatment' Subject to Interpretation, Circumstances - The Justice Department acknowledges that the US is bound by Common Article 3 of the Conventions, which requires that a signatory nation treat its detainees humanely; however, the letters say that the definition of “humane treatment” can be interpreted in a variety of ways, and can depend on the detainee’s identity and the importance of the information he possesses. In a letter written to a Democrat on the Senate Intelligence Committee, the principal deputy assistant attorney general, Brian Benczkowski, wrote, “Some prohibitions… such as the prohibition on ‘outrages against personal dignity,’ do invite the consideration of the circumstances surrounding the action.” The government can weigh “the identity and information possessed by a detainee” in deciding whether to use harsh and potentially inhumane techniques, according to Benczkowski. A suspect with information about a future attack, for example, could and possibly would be subjected to extreme treatment, he says, and notes that a violation of the Geneva Conventions would only occur if the interrogator’s conduct “shocks the conscience” because it is out of proportion to “the government interest involved.” He continued, “The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act.” Furthermore, any action defined as an “outrage upon personal dignity” must be deliberate and involve an “intent to humiliate and degrade.”
Government Arguments 'Appalling,' Says Senator - A spokeswoman for Wyden, Jennifer Hoelzer, says that the administration’s contention that the Geneva Conventions can be selectively applied is “stunning.” Hoelzer says: “The Geneva Convention in most cases is the only shield that Americans have when they are captured overseas. And for the president to say that it is acceptable to interpret Geneva on a sliding scale means that he thinks that it is acceptable for other countries to do the same. Senator Wyden—and I believe any other reasonable individual—finds that argument appalling.” Law professor Scott Silliman, who teaches national security law at Duke University, agrees with Wyden’s assessments. He notes, “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense.” An anonymous Justice Department official disagrees. “I certainly don’t want to suggest that if there’s a good purpose you can head off and humiliate and degrade someone. The fact that you are doing something for a legitimate security purpose would be relevant, but there are things that a reasonable observer would deem to be outrageous.” However, he adds, “there are certainly things that can be insulting that would not raise to the level of an outrage on personal dignity.” Wyden states that if the US is subjective in deciding what is and isn’t compliant under Geneva, then other countries will do the same to US prisoners in their custody. “The cumulative effect in my interpretation is to put American troops at risk,” he says. [Washington Post, 4/27/2008; New York Times, 4/27/2008] He adds that the letters help make the case for a law that explicitly puts the CIA interrogations under the same restrictions as the military, or another set of clear standards. [Wall Street Journal, 4/27/2008]
'Full Compliance' - The CIA refuses to comment on Benczkowski’s memo, but spokesman Mark Mansfield says the CIA’s detainee program “has been and continues to be in full compliance with the laws of our country.” He adds, “The program has disrupted terrorist plots and has saved lives.” [Washington Post, 4/27/2008; New York Times, 4/27/2008]

Entity Tags: Geneva Conventions, Mark Mansfield, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, George W. Bush, US Department of Justice, Ron Wyden, Senate Intelligence Committee, Jennifer Hoelzer

Timeline Tags: Torture of US Captives, Civil Liberties

Rosa DeLauro.Rosa DeLauro. [Source: Washington Post]A group of Democrats in Congress, dismayed and angered by recent revelations of a secret Pentagon propaganda campaign to manipulate public opinion regarding Iraq (see April 20, 2008, Early 2002 and Beyond, and April 24, 2008), calls for explanations from the parties involved. Senator Carl Levin (D-MI), chairman of the Armed Services Committee, asks Defense Secretary Robert Gates to investigate the program. Representative Rosa DeLauro (D-CT) writes to the heads of the five major television networks, asking each to provide more information about their practices for vetting and hiring so-called “independent military analysts” to provide commentary and opinion about Iraq and other US military operations and strategies. DeLauro writes, “When you put analysts on the air without fully disclosing their business interests, as well as relationships with high-level officials within the government, the public trust is betrayed.” [New York Times, 4/26/2008] Senator John Kerry (D-MA) calls on the Government Accountability Office (GAO) to conduct its own investigation. Kerry asks for “the names of all senior Pentagon officials involved in this effort, and the extent of that effort; [t]he extent of the contact between Pentagon officials and the military analysts in question regarding what was said by the analysts over the public airwaves”; what financial interests the analysts had “that were in some way linked to their analysis, including a list of federal contracts that are in any way linked to the companies that employ any of the analysts in question”; to what extent those financial interests were used by Pentagon officials “to promote misleading, inaccurate or false information through the media”; how much, if any, of those interests were disclosed to the media outlets and to the public; if the propaganda program is in any way illegal; what procedures ensure that the analysts aren’t using their access to further their own business interests; and what steps Congress and the Pentagon can take “to ensure that this type of effort is not repeated.” [Senator John Kerry, 4/28/2008]

Entity Tags: John Kerry, Robert M. Gates, Rosa DeLauro, US Department of Defense, Carl Levin, Government Accountability Office

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Brian Williams.Brian Williams. [Source: The Onion.com]NBC News anchor Brian Williams staunchly defends NBC’s use of two military analysts, Barry McCaffrey and the late Wayne Downing, in his response to recent stories about the Pentagon’s well-orchestrated propaganda campaign using retired military officers to promote the Bush administration’s agenda in the mainstream media (see April 20, 2008 and Early 2002 and Beyond). Williams notes that he quickly became friends with both analysts, and toured Iraq four times with Downing. Williams says that neither Downing nor McCaffrey ever “gave what I considered to be the party line,” and both, particularly McCaffrey, often criticized the administration’s policies in Iraq. He calls them “tough, honest critics of the US military effort in Iraq,” “passionate patriots,” and “honest brokers” of information. He says that when they went to the Pentagon for briefings, “[t]hey never came back spun, and never attempted a conversion.” He calls them “warriors-turned-analysts, not lobbyists or politicians.” Williams also lauds a third military analyst, retired Army colonel Jack Jacobs. Jacobs, a Medal of Honor winner, is a “rock-solid” analysts who “has never hesitated to take a whack at the Pentagon brass.” After his defense of NBC’s analysts, Williams writes: “I think it’s fair, of course, to hold us to account for the military analysts we employ, inasmuch as we can ever fully know the ‘off-duty’ actions of anyone employed on an ‘of counsel’ basis by us. I can only account for the men I know best. The Times article was about the whole lot of them—including instances involving other networks and other experts, who can answer for themselves. At no time did our analysts, on my watch or to my knowledge, attempt to push a rosy Pentagon agenda before our viewers. I think they are better men than that, and I believe our news division is better than that.” [MSNBC, 4/29/2008]

Entity Tags: Bush administration (43), Barry McCaffrey, Brian Williams, US Department of Defense, Jack Jacobs, NBC, Wayne Downing

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

The American Civil Liberties Union (ACLU) says that, according to newly released documents, the US military continued to use abusive and illegal interrogation methods on detainees well after an October 2003 directive meant to end such practices was issued. A number of Defense Department documents shows how military medical workers systematically failed to report abuses, and how psychologists took part in such interrogations—violations of both the law and medical oaths, the ACLU says.
Documents Part of Church Report - The documents, part of what is known as the Church report (see May 11, 2004), have been newly unredacted in connection with a Freedom of Information Act (FOIA) request filed in 2004. The government has yet to release any details of interrogation methods used after the 2003 directive was issued. ACLU attorney Amrit Singh says the documents also show that “the use of some of the techniques… continued even until July 2004, despite the fact that many were retracted by the October 2003 memorandum, and some were subsequently prohibited by the May 2004 memorandum.” The report says, “The relatively widespread use of these techniques supports our finding that the policy documents were not always received or thoroughly understood.” The Church report, an internal review of prisoner interrogation policies conducted after the Abu Ghraib scandal, found that no military or civilian leaders either directed or encouraged the prisoner abuses committed in Iraq, Afghanistan, and Guantanamo Bay. [Associated Press, 4/30/2008]
Medics Failed to Report Abuse - According to the documents, Army medics failed to report abuses even after witnessing them. The Church report found that “enlisted medics witnessed obvious episodes of detainee abuse apparently without reporting them to superiors.” One medic watched as guards deliberately struck a detainee in his wounded leg. Two separate incidents involved detainees handcuffed in painful positions for extended periods of time; one of the detainees suffered a dislocated shoulder and the other experienced what the ACLU terms “excruciating pain when eventually forced to stand.” Another medic witnessed pictures of naked detainees in a pyramid but did not report the episode to superiors. “The documents reveal that psychologists and medical personnel played a key role in sustaining prisoner abuse—a clear violation of their ethical and legal obligations,” says Singh. “The documents only underscore the need for an independent investigation into responsibility for the systemic abuse of detainees held in US custody abroad.” [American Civil Liberties Union, 4/30/2008]
Partial Disclosure - Some of the report was disclosed in 2005, and parts of it have been declassified. Other portions remained classified in the interest of national security, according to government officials. Singh says these documents prove again that such classifications further a pattern “of claiming national security as pretext for withholding information to cover up embarrassing information.” The ACLU has long been critical of the Church report, calling it incomplete and sanitized. Lawsuits to force further disclosure are still pending. [Associated Press, 4/30/2008; American Civil Liberties Union, 4/30/2008]

Entity Tags: US Department of Defense, American Civil Liberties Union, Amrit Singh

Timeline Tags: Torture of US Captives

Former CBS News president Andrew Heyward calls the recently revealed Pentagon propaganda program for the promotion of the Iraq war (see April 20, 2008 and Early 2002 and Beyond) “a deliberate attempt to deceive the public,” adding, “Analysts whose real allegiance was to the Pentagon and who apparently were given at least special access for that allegiance were presented as analysts whose allegiance was to the networks and, therefore, the public.” Heywood left CBS News in 2005. Former Army Major General John Batiste calls the operation “a very deliberate attempt on the part of the administration to shape public opinion.” Batiste, who commanded an infantry division in Iraq before retiring from the military in 2005 to speak out against Bush administration policies in the Middle East, was an analyst for CBS News for a brief time. However, unlike the analysts in the propaganda operation, Batiste was never invited to any Pentagon briefings and thus not exposed to the full brunt of the Pentagon’s public relations messaging offensive. “It also sounded to me as if they were parroting administration talking points,” he says. “It sounded very much to me like I was up against an information operation. I had no idea that it was so extensive.” National Public Radio’s managing editor, Brian Duffy, says that in light of the revelations about the propaganda operation, NPR is reviewing its policies towards using retired military officers as analysts and “asking more rigorous questions about anyone that we’re paying as a consultant.” [PBS, 5/1/2008]

Entity Tags: US Department of Defense, Andrew Heyward, Brian Duffy, National Public Radio, John Batiste, CBS News

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Jim Walton.Jim Walton. [Source: CNN]CNN president Jim Walton responds to a letter from Representative Rosa DeLauro (D-CT) demanding an explanation of his network’s involvement in the recently revealed Pentagon propaganda operation (see April 24, 2008). Walton says that his network fully cooperated with the New York Times’s investigation of the operation (see April 20, 2008), but CNN was not a part of any such operation. Indeed, Walton claims, “[m]ilitary analysts, and the handful of generals on CNN, contribute only a small portion to CNN’s overall coverage.” He acknowledges that CNN was not always as alert as it should have been to its analysts’ financial connections to defense contractors, and notes that the network fired one of its analysts after discovering “the extent of his dealings” (see July 2007). Walton concludes by assuring DeLauro that the network is committed to “protecting the public trust” and holds itself to “the highest ethical standards” of journalism. [Walton, 5/2/2008 pdf file]

Entity Tags: US Department of Defense, CNN, Jim Walton, New York Times, Rosa DeLauro

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

A front-page Washington Post story reveals that, eight years after al-Qaeda bombed the USS Cole just off the coast of Yemen and killed 17 US soldiers (see October 12, 2000), “all the defendants convicted in the attack have escaped from prison or been freed by Yemeni officials.”
Two Key Suspects Keep Slipping from Yemeni Prisons - For instance, Jamal al-Badawi, a Yemeni and key organizer of the bombing, broke out of Yemeni prisons twice and then was secretly released in 2007 (see April 11, 2003-March 2004, February 3, 2006 and October 17-29, 2007). The Yemeni government jailed him again after the US threatened to cut aid to the country, but apparently he continues to freely come and go from his prison cell. US officials have demanded the right to perform random inspections to make sure he stays jailed. Another key Cole suspect, Fahad al-Quso, also escaped from a Yemeni prison and then was secretly released in 2007 (see May 2007). Yemen has refused to extradite al-Badawi and al-Quso to the US, where they have been indicted for the Cole bombing. FBI Director Robert Mueller flew to Yemen in April 2008 to personally appeal to Yemeni President Ali Abdallah Saleh to extradite the two men. However, Saleh has refused, citing a constitutional ban on extraditing its citizens. Other Cole suspects have been freed after short prison terms in Yemen, and at least two went on to commit suicide attacks in Iraq.
US Unwilling to Try Two Suspects in Its Custody - Two more key suspects, Khallad bin Attash and Abd al-Rahim al-Nashiri, were captured by US forces and have been transferred to the US-run Guantanamo prison. Al-Nashiri is considered the mastermind of the Cole bombing, but the US made the decision not to indict either of them because pending criminal charges could have forced the CIA or the Pentagon to give up custody of the men. Al-Quso, bin Attash, and al-Nashiri all attended a key 2000 al-Qaeda summit in Malaysia where the 9/11 attacks were discussed (see January 5-8, 2000).
'The Forgotten Attack' - A week after the Cole bombing, President Bill Clinton vowed to hunt down the plotters and promised, “Justice will prevail.” But less than a month after the bombing, George W. Bush was elected president. Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations who helped oversee the White House’s response to the Cole bombing, says, “During the first part of the Bush administration, no one was willing to take ownership of this. It didn’t happen on their watch. It was the forgotten attack.”
'Back to Square One' - Former FBI agent Ali Soufan, a lead investigator into the bombing, complains, “After we worked day and night to bring justice to the victims and prove that these Qaeda operatives were responsible, we’re back to square one. Do they have laws over there or not? It’s really frustrating what’s happening.” The Post comments, “Basic questions remain about which individuals and countries played a role in the assault on the Cole.
Possible Government Complicity - One anonymous senior Yemeni official tells the Post that al-Badawi and other al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. For instance, in 2006, an al-Qaeda suicide attack in Yemen came just days before elections there, and Saleh tried to link one of the figures involved to the opposition party, helping Saleh win reelection (see September 15, 2006). Furthermore, there is evidence that figures within the Yemeni government were involved in the Cole bombing (see After October 12, 2000), and that the government also protected key bombers such as al-Nashiri in the months before and after the bombings (see April 2000 and Shortly After October 12, 2000).
Bush Unwilling to Meet with Victims' Relatives - Relatives of the soldiers killed in the bombing have attempted to meet with President Bush to press for more action, to no avail. John P. Clodtfelter Jr., whose son died on the Cole, says, “I was just flat told that he wouldn’t meet with us. Before him, President Clinton promised we’d go out and get these people, and of course we never did. I’m sorry, but it’s just like the lives of American servicemen aren’t that important.” [Washington Post, 5/4/2008]

Entity Tags: John P. Clodtfelter Jr., Ali Soufan, Ali Abdallah Saleh, Abd al-Rahim al-Nashiri, Fahad al-Quso, Jamal al-Badawi, William Jefferson (“Bill”) Clinton, Yemen, Khallad bin Attash, Roger Cressey, Robert S. Mueller III, George W. Bush

Timeline Tags: Complete 911 Timeline

CBS News and Washington Post media commentator Howard Kurtz is asked during an online question and answer session about the Pentagon’s recently reported propaganda campaign mounted through the mainstream news media (see April 20, 2008 and Early 2002 and Beyond). The questioner asks, “Why do you think the networks still are silent on this?” Kurtz replies, “I can only conclude that the networks are staying away from what would otherwise be a legitimate news story because they are embarrassed about what some of their military analysts did or don’t want to give the controversy more prominence.” Another questioner asks if he has missed coverage of the story, and Kurtz replies: “You didn’t miss it. It’s just not there. The networks are ducking this one, big time.” [Washington Post, 5/5/2008]

Entity Tags: US Department of Defense, Brian Williams, NBC, Howard Kurtz

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

John Dingell.John Dingell. [Source: MSNBC]Democratic representatives Rosa DeLauro (D-CT) and John Dingell (D-MI) write a letter to Federal Communications Commission (FCC) chairman Kevin J. Martin, urging that his agency begin an immediate investigation of the Pentagon’s recently revealed propaganda operation (see April 20, 2008 and Early 2002 and Beyond). DeLauro has already written requests for explanations to five different networks, and has received only two responses (see May 2, 2008 and April 29, 2008). DeLauro and Dingell want to know whether the operation violated the Communications Act of 1934 and/or FCC rules, particularly the sponsorship identification requirements. “While we deem the DoD’s [Defense Department’s] policy unethical and perhaps illegal,” they write, “we also question whether the analysts and the networks are potentially equally culpable pursuant to the sponsorship identification requirements in the Communications Act of 1934… and the rules of the Federal Communications Commission.… It could appear that some of these analysts were indirectly paid for fostering the Pentagon’s views on these critical issues. Our chief concern is that as a result of the analysts’ participation in this [Defense Department] program, which included the [Defense Department]‘s paying for their commercial airfare on [Defense Department]-sponsored trips to Iraq, the analysts and the networks that hired them could have run afoul of certain laws or regulations.” DeLauro and Dingell conclude: “When seemingly objective television commentators are in fact highly motivated to promote the agenda of a government agency, a gross violation of the public trust occurs. The American people should never be subject to a covert propaganda campaign but rather should be clearly notified of who is sponsoring what they are watching.” [US House of Representatives, 5/6/2008]

Entity Tags: US Department of Defense, Federal Communications Commission, John Dingell, Kevin J. Martin, Rosa DeLauro

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The story of the Pentagon’s propaganda operation—using military analysts in media outlets to promote the administration’s policies in Iraq (see April 20, 2008 and Early 2002 and Beyond)—is going remarkably unreported in those selfsame media outlets. Political bloggers are keeping the story alive, and Democratic congressmen are beginning to call for investigations (see April 28, 2008 and May 6, 2008)), but remarkably little about the operation has appeared either in the mainstream press or on broadcast news shows. One such lawmaker, Senator John Kerry (D-MA), says that he “decided to push this issue hard because ever since the New York Times expose appeared, the silence has been deafening.” Kerry says there needs to be a “thorough investigation” into government contracts and “whether Americans’ tax dollars were being used to cultivate talking heads to sell the administration’s Iraq policy.” But unlike the pre-Internet paradigm, this story may not be so quick to disappear. Tom Rosenstiel, the director of the Project for Excellence in Journalism, says, “We are in a time when stories can have a second life.” Political bloggers on the Internet, who keep chipping away at stories long after they have disappeared from the headlines, can give stories another chance, says Rosenstiel, citing the example of bloggers reviving the story of the US attorney firings in 2007 (see November 8, 2007). Rosenstiel says that his organization tracked the mainstream media for a week after the Times story was printed. Out of around 1,300 news stories, only two touched on the Pentagon analysts report, and both of those were on PBS’s Newshour (see April 24, 2008). Independent television analyst Andrew Tyndall says it would be too much to expect for any broadcast news outlets to engage in the story over the airwaves, as they almost never do what he calls “self-criticism stories,” but, he says, “this is really the sort of thing that all of the networks should have addressed online.” Virtually the only mainstream response from the broadcast news has been a short piece from NBC anchorman Brian Williams, who responded on his blog ten days after the Times story ran, and generally extolled the virtues of the analysts with whom he had worked (see April 29, 2008). Former CBS editorial director Dick Meyer, who oversaw CBS’s “Public Eye” blog before it was discontinued due to cutbacks, says that would have been the perfect place to examine the story. “This controversy about military analysts would have been right in our ballpark,” says Meyer, who now works for National Public Radio. “It’s irresponsible for a modern news organization to not have some kind of readers’ advocate, some kind of public editor function,” he says. [Politico, 5/8/2008]

Entity Tags: US Department of Defense, Brian Williams, Andrew Tyndall, CBS News, Project for Excellence in Journalism, Dick Meyer, New York Times, John Kerry, Tom Rosenstiel, Public Broadcasting System

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Salon columnist and former civil litigator Glenn Greenwald, after reviewing the more than 8,000 pages of documents and audio tapes released by the Pentagon (see May 9, 2008) concerning its ongoing Iraq propaganda campaign (see April 20, 2008 and Early 2002 and Beyond) says bluntly, “Anyone who reads through them, as I’ve now done, can only be left with one conclusion: if this wasn’t an example of an illegal, systematic ‘domestic propaganda campaign’ by the Pentagon, then nothing is.” Greenwald continues: “As corrupt as the Pentagon was here, our nation’s major media outlets were at least just as bad. Their collective Pravda-like suppression now of the entire story—behavior so blatantly corrupt that even the likes of [Howard] Kurtz (see May 9, 2008) and The Politico (see May 8, 2008) are strongly condemning them—has become the most significant and revealing aspect of the entire scandal.” [Salon, 5/9/2008]

Entity Tags: US Department of Defense, Glenn Greenwald, Politico, Howard Kurtz

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

An editorial from the St. Petersburg Times rails against the recently revealed Pentagon propaganda operation that uses retired military officers to promote the administration’s policies in Iraq (see April 20, 2008 and Early 2002 and Beyond). “We were duped,” the editorial begins, and calls the Pentagon program a “spin operation.” The retired military officers serving as network analysts “are not as independent or as objective as they are portrayed,” the editorial continues. “They are feeding the public the Bush administration line just as they have been encouraged to do. The shilling then bought them plum access to the Pentagon that could be traded on later, giving them a leg up in securing large military contracts for their companies and clients.” The editorial calls the networks and cable news outlets that hired and televised these analysts “enablers in this propaganda campaign,” and lambasts them for not bothering to investigate their analysts’ connections to either the Defense Department or to defense contractors with vested interests in Iraq: “These former military officers were unlikely to give a fair reading of the war in Iraq when their corporate clients were paying huge sums for friendly Pentagon access so they could win business off the war.” [St. Petersburg Times, 5/12/2008]

Entity Tags: Bush administration (43), St. Petersburg Times, US Department of Defense

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

The US military dismisses charges against Mohammed al-Khatani. In February 2008, al-Khatani was part of a small group of detainees held at the Guantanamo prison charged before a military tribunal with involvement in the 9/11 attacks (see February 11, 2008). Al-Khatani is said to be the would-be “20th hijacker” who was refused entry to the US in August 2001 (see August 4, 2001). However, he was later captured and subjected to months of torture at Guantanamo (see August 8, 2002-January 15, 2003). The Pentagon official who announces the dismissal of charges against him, Convening Authority Susan Crawford, gives no explanation. The charges are dismissed “without prejudice,” which means they could be reinstated at any time. However, many believe that the charges against him are dismissed because of the torture he underwent, as well as the fact that he appears to have only been a unsuccessful low-level figure in the plot. [New York Times, 5/14/2008] In 2006, MSNBC predicted that he would never face trial due to the way he was tortured (see October 26, 2006). However, he still remains imprisoned at Guantanamo. In January 2009, Crawford will confirm that she dismissed the case against al-Khatani because he was indeed tortured (see January 14, 2009). She will say that the treatment suffered by al-Khatani “did shock me,” and will continue: “I was upset by it. I was embarrassed by it. If we tolerate this and allow it, then how can we object when our servicemen and women, or others in foreign service, are captured and subjected to the same techniques? How can we complain? Where is our moral authority to complain? Well, we may have lost it.” Crawford will lay much of the blame for al-Khatani being tortured at the feet of then-Defense Secretary Donald Rumsfeld. “A lot of this happened on his watch,” she will say. [Washington Post, 1/14/2009]

Entity Tags: Donald Rumsfeld, Mohamed al-Khatani, Susan Crawford

Timeline Tags: Complete 911 Timeline

The American Civil Liberties Union (ACLU) releases Pentagon documents that include previously classified internal investigations into the abuse of detainees in US custody overseas. The documents provide new details about the deaths of detainees in Iraq, and internal dissent in the military over torture methods used at Guantanamo Bay. ACLU attorney Amrit Singh says: “These documents provide further evidence that the torture of prisoners in US custody abroad was not aberrational, but was widespread and systemic. They only underscore the need for an independent investigation into high-level responsibility for prisoner abuse.” The documents provide details of four investigations into prisoner deaths conducted by the Naval Criminal Investigation Service (NCIS):
bullet March 2003: Iraqi prisoner Hemdan El Gashame was shot to death in Nasiriyah (see March 2003);
bullet June 2003: A 53-year-old Iraqi man, Naem Sadoon Hatab, was strangled to death at the Whitehorse detainment camp in Nasiriyah (see June 2003);
bullet November 2003: Manadel al-Jamadi was beaten to death, apparently with a stove, at Abu Ghraib (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003 and November 5, 2003);
bullet 2004: Iraqi prisoner Farhad Mohamed died in Mosul (see 2004); later examination found contusions under his eyes and the bottom of his chin, a swollen nose, and cuts and large bumps on his forehead.
Another document shows that as far back as September 2002 Army officials were objecting to the methods used in interrogating Guantanamo prisoners (see September 2002). [American Civil Liberties Union, 5/14/2008]

Entity Tags: Manadel al-Jamadi, Farhad Mohamed, Amrit Singh, American Civil Liberties Union, Hemdan El Gashame, Naem Sadoon Hatab, Naval Criminal Investigative Service, US Department of Defense, US Department of the Army

Timeline Tags: Torture of US Captives

William Odom.William Odom. [Source: Brendan Smialowski / Bloomberg News]Retired Lieutenant General William Odom, former director of the National Security Agency (NSA) under Ronald Reagan, says that he is “shocked” by the revelations of a propaganda campaign mounted by the Pentagon to manipulate public opinion regarding Iraq (see April 20, 2008 and Early 2002 and Beyond). Odom says: “Well, I was a little shocked by it.… My own sense of my obligations and my officer’s honor in the past would make me think that’s not a proper thing to do.… But I don’t think they’ll be able to defend that position publicly very well, particularly because of its sort of conspiratorial nature. I think it’s quite legitimate for military officers to talk to a number of people in the Pentagon, but to be part of a recurring meeting that is designed to shape the public opinion—that’s a strange thing for officers to be willing to do, in my view.” [WAMU-FM American University, 5/19/2008; Think Progress, 5/19/2008]

Entity Tags: US Department of Defense, National Security Agency, Ronald Reagan, William Odom

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Timeline Tags: Torture of US Captives

The House passes an amendment to the 2009 Defense Authorization Bill; the amendment, written by Representative Paul Hodes (D-NH), will, if it becomes law, prohibit the Pentagon from engaging in propaganda programs like the one revealed by the New York Times (see April 20, 2008 and Early 2002 and Beyond). The amendment also requires the Government Accountability Office (GAO) to launch an investigation of the Pentagon’s propaganda program. Hodes says on the floor of the House: “In a free and democratic society, our government should never use the public airwaves to propagandize our citizens. Congress cannot allow an administration to manipulate the public with false propaganda on matters of war and our national security.… This amendment will ensure that no money authorized in this act will be used for a propaganda program, and require a report to Congress by both the Defense Inspector General and the Government Accountability Office on whether previous restrictions on propaganda have been violated. It’s time for the American people to finally know the truth.” [US House of Representatives, 5/22/2008]

Entity Tags: US Department of Defense, Government Accountability Office, Paul Hodes, New York Times

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

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)

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

Jan Schakowsky.Jan Schakowsky. [Source: Washington Post]Fifty-six Democratic members of the House of Representatives send a letter to Attorney General Michael Mukasey, asking him to appoint a special counsel to investigate whether top Bush administration officials committed crimes in authorizing the use of waterboarding and other harsh interrogation tactics against suspected terrorists (see April 2002 and After). The lawmakers, who include John Conyers (D-MI), the chairman of the House Judiciary Committee, and House Intelligence Committee members Jan Schakowsky (D-IL) and Jerrold Nadler (D-NY), cite “mounting evidence” that senior officials personally sanctioned the use of such extreme interrogation methods. An independent investigation is needed to determine whether such actions violated US or international law, the letter states. “This information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law,” the letter says. It adds that a broad inquiry is needed to examine the consequences of administration decisions at US detention sites in Iraq, at Guantanamo, and in secret prisons operated by the CIA. The interrogation methods have resulted in “abuse, sexual exploitation and torture” that may have violated the War Crimes Act of 1996 and the American Anti-Torture Act of 2007. “Despite the seriousness of the evidence, the Justice Department has brought prosecution against only one civilian for an interrogation-related crime,” the letter reads. “Given that record, we believe it is necessary to appoint a special counsel in order to ensure that a thorough and impartial investigation occurs.” Conyers tells reporters after sending the letter, “We need an impartial criminal investigation.” The entire detainee controversy is “a truly shameful episode” in US history, he says. “Because these apparent ‘enhanced interrogation techniques’ were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious.” The Justice Department refuses to comment on the letter. Jennifer Daskal of Human Rights Watch says that the letter is significant even if Mukasey refuses to appoint a special counsel. “The fact that so many representatives have called for the investigation helps lay the groundwork for the inevitable reckoning and accounting that the next administration is going to have to do regarding this administration’s practices,” she says. [US House of Representatives, 6/6/2008; Washington Post, 6/7/2008; United Press International, 6/7/2008]

Entity Tags: Jerrold Nadler, House Intelligence Committee, Central Intelligence Agency, Bush administration (43), House Judiciary Committee, Human Rights Watch, Michael Mukasey, US Department of Justice, John Conyers, Jan Schakowsky, Jennifer Daskal

Timeline Tags: Torture of US Captives, Civil Liberties

The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]

Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

Physicians for Human Rights logo.Physicians for Human Rights logo. [Source: Newsguide (.us)]Retired Army Major General Antonio Taguba, who led the probe into prisoner torture and abuse at Baghdad’s Abu Ghraib prison (see March 9, 2004), accuses the Bush administration of committing “war crimes,” and calls for Bush officials to be held accountable. Taguba’s remarks are part of a wide-ranging report on US torture by the human rights organization Physicians for Human Rights (PHR). The report, released today, finds that US personnel tortured and abused detainees in Iraq, Afghanistan, and Guantanamo Bay, using beatings, electrical shocks, sexual humiliation, sleep deprivation, isolation, being hung from ceilings, and other practices. One prisoner was forced to drink urine. “After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes,” Taguba wrote in the report. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.” PHR calls the report the most complete medical and psychological examination of former detainees to date. The report focuses on statements from, and medical examinations of, 11 detainees held for long periods of time in various US-run prisons and facilities before being released without charges. The report, titled “Broken Laws, Broken Lives,” concurs with an investigation of Guantanamo conducted by investigative reporters for McClatchy News. PHR president Leonard Rubenstein says there was a direct connection between the Pentagon’s authorizations of extreme interrogation methods and the abuses his organization documented. “The result was a horrific stew of pain, degradation, and… suffering,” he says. [Physicians for Human Rights, 6/2008; McClatchy News, 6/18/2008]

Entity Tags: Bush administration (43), Antonio M. Taguba, Physicians for Human Rights, Leonard Rubenstein

Timeline Tags: Torture of US Captives

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

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

Retired AT&T “whistleblower” Mark Klein (see December 15-31, 2005 and July 7, 2009) has a short essay published in Wired News, sharply criticizing the recently passed legislation that amended the Foreign Intelligence Surveillance Act (FISA—see July 10, 2008) and granted telecommunications firms immunity from prosecution for helping government agencies illegally spy on American citizens. Klein initially offered the essay in letter form to the New York Times, but although the editors there showed what Klein will call “some interest,” they rejected the letter. Instead, Wired News’s Ryan Singel accepted the letter for one of his “Threat Level” columns. Singel describes Klein as “furious” at the vote, and quotes Klein: “[Wednesday]‘s vote by Congress effectively gives retroactive immunity to the telecom companies and endorses an all-powerful president. It’s a Congressional coup against the Constitution. The Democratic leadership is touting the deal as a ‘compromise,’ but in fact they have endorsed the infamous Nuremberg defense: ‘Just following orders.’ The judge can only check their paperwork. This cynical deal is a Democratic exercise in deceit and cowardice.… Congress has made the FISA law a dead letter—such a law is useless if the president can break it with impunity. Thus the Democrats have surreptitiously repudiated the main reform of the post-Watergate era and adopted Nixon’s line: ‘When the president does it that means that it is not illegal.’ This is the judicial logic of a dictatorship. The surveillance system now approved by Congress provides the physical apparatus for the government to collect and store a huge database on virtually the entire population, available for data mining whenever the government wants to target its political opponents at any given moment—all in the hands of an unrestrained executive power. It is the infrastructure for a police state.” [Wired News, 6/27/2008; Klein, 2009, pp. 108]

Entity Tags: Mark Klein, Foreign Intelligence Surveillance Act, Wired News, Ryan Singel

Timeline Tags: Civil Liberties

The Defense Department announces that it is charging al-Qaeda leader Abd al-Rahim al-Nashiri with “organizing and directing” the bombing of the USS Cole in 2000 (see October 12, 2000) and will seek the death penalty. Al-Nashiri was captured in 2002 (see Early October 2002), held and tortured in secret CIA prisons until 2006 (see (November 2002)), and then transferred to Defense Department custody at the Guantanamo prison (see September 2-3, 2006). He will be tried there in a military tribunal. Al-Nashiri told a hearing at Guantanamo in 2007 that he confessed a role in the Cole bombing, but only because he was tortured by US interrogators (see March 10-April 15, 2007). CIA Director Michael Hayden has conceded that al-Nashiri was subjected to waterboarding. [Associated Press, 6/30/2008] Khallad bin Attash, who is being held at Guantanamo with al-Nashiri and other al-Qaeda leaders, allegedly had a major role in the Cole bombing, but he is not charged. Presumably this is because he has already been charged for a role in the 9/11 attacks.

Entity Tags: Abd al-Rahim al-Nashiri, Khallad bin Attash, US Department of Defense

Timeline Tags: Complete 911 Timeline

ABC hires John Kiriakou, a former CIA officer who gave the network an exclusive interview about waterboarding in late 2007 (see December 10, 2007), as a paid consultant. ABC journalist Brian Ross will say that network officials were concerned about the appearance of a tie between the interview and the job. For that reason, “I felt that we should sort of wait,” he will say. “I didn’t want anyone to think that he was promised something for the interview. He was not.” Kiriakou remains with ABC for eight months, before leaving for the Council on Foreign Relations. Shortly after his departure, the press learns that one of the key claims he made in the interview was false (see April 28, 2009). [New York Times, 4/28/2009]

Entity Tags: ABC, Brian Ross, Council on Foreign Relations, John Kiriakou

Timeline Tags: Misc Entries, Domestic Propaganda

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

A US drone strike kills al-Qaeda leader Midhat Mursi (a.k.a. Abu Khabab al-Masri). He is one of six people killed in the strike on a compound in South Waziristan, in Pakistan’s tribal region. Mursi, an Egyptian, was considered a poisons and explosives expert, and was accused of training the suicide bombers in the 2000 USS Cole bombing. He also is believed to have run the Darunta training camp in eastern Afghanistan until it was abandoned during the US invasion in late 2001. The US had put a $5 million bounty on him. A statement by al-Qaeda leader Mustafa Abu al-Yazid posted on the Internet about a week later will confirm his death. [Associated Press, 8/3/2008]

Entity Tags: Al-Qaeda, US Military, Mustafa Abu al-Yazid, Midhat Mursi

Timeline Tags: Complete 911 Timeline

Pages from two passports seized in the raid. Both show pictures of Fazul but have different names.Pages from two passports seized in the raid. Both show pictures of Fazul but have different names. [Source: East African Standard]An al-Qaeda leader named Fazul Abdullah Mohammed, (a.k.a. Haroun Fazul), narrowly escapes capture in Kenya. The US government claims that Fazul had important roles in the 1998 embassy bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998) and the 2002 hotel bombing in Mombasa, Kenya (see November 28, 2002). Fazul was indicted for the embassy bombings before 9/11, and there is a $5 million reward for him. On August 2, 2008, Kenyan police raid a house in Malindi, a town on Kenya’s coast. Two passports bearing Fazul’s picture but different names are found, as well as his laptop computer. A Kenyan newspaper reports that a local police officer may have tipped off Fazul about the raid minutes before it took place. A half-eaten meal is discovered in the house, and the television is still on, leading police to believe that he ran out of the house just before they arrived. Three Kenyans are arrested and charged with helping to hide him. He reportedly narrowly escaped a US air strike in Somalia in 2007 (see December 24, 2006-January 2007), as well as a police raid in Kenya in 2003. [CNN, 8/4/2008; East African Standard, 8/5/2008] He will be killed in Somalia in 2011 (see June 10, 2011).

Entity Tags: Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

The FBI attempts to prevent two agents who were involved in a key pre-9/11 failure from talking about it in a television interview. The agents, Doug Miller and Mark Rossini, were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11. They were involved in the deliberate blocking of a cable to the FBI saying that 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000) and later, under pressure, falsely claimed not to remember anything about it when interviewed by the Justice Department’s inspector general (see (February 12, 2004)). The FBI allowed Miller and Rossini to be interviewed by author James Bamford for a book and they told him they helped block the cable on the orders of a female CIA officer known only as “Michael” and the station’s deputy chief, Tom Wilshire. However, when Bamford wants them to repeat their stories for a PBS documentary he is making, the FBI initially says yes, but then retracts its approval, saying the bureau “doesn’t want to stir up old conflicts with the CIA.” [Congressional Quarterly, 10/1/2008] However, Rossini will actually appear in the documentary, although Miller will not. [PBS, 2/3/2009]

Entity Tags: James Bamford, Mark Rossini, Doug Miller, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US and Britain jointly drop all charges against terror suspect Binyam Mohamed, realizing that Mohamed’s confession to his involvement in a so-called “dirty bomb” plot (see November 4, 2005) is likely the product of torture and not real (see July 21, 2002 -- January 2004). However, his captors refuse to release him from Guantanamo, driving him to try to force the matter by filing a lawsuit (see February 4, 2009) and going on a hunger strike (see February 8, 2009). In late February 2009, Mohamed will be released (see February 22-24, 2009). [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

Christiane Amanpour on “Real Time With Bill Maher” on October 3, 2008.Christiane Amanpour on “Real Time With Bill Maher” on October 3, 2008. [Source: Real Time with Bill Maher]ABC News reporter Christiane Amanpour says that Osama bin Laden is living in a villa in Pakistan, not in a cave. She makes these comments as a guest on HBO’s Real Time With Bill Maher. She says: “I just talked to somebody very knowledgeable… [who] thinks that [bin Laden is] in a villa, a nice comfortable villa… in Pakistan. Not a cave.” After bin Laden’s death in an urban compound in May 2011 (see May 2, 2011), Amanpour will explain that she’d heard the information a short time earlier from a “US intelligence officer who had recently left a top position.” [ABC News, 5/3/2011]

Entity Tags: Christiane Amanpour, Osama bin Laden, US intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

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

Entity Tags: Reprieve, Bensayah Belkacem, Al-Qaeda, Bush administration (43), Lakhdar Boumediene, Zachary Katznelson, US Supreme Court, Richard J. Leon, US Department of Justice, Robert Kirsch

Timeline Tags: Civil Liberties

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

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

Entity Tags: US Supreme Court, Lakhdar Boumediene, Stephen Oleskey, Mustafa Ait Idir

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

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

Entity Tags: Yazid Sufaat, Datuk Seri Syed Hamid Albar, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline

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

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

Entity Tags: Khallad bin Attash, Stephen Henley, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

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

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

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Timeline Tags: Torture of US Captives

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

Entity Tags: Central Intelligence Agency, American Civil Liberties Union, “Albert”, Ben Wizner

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

A CIA drone strike kills two al-Qaeda leaders, Usama al-Kini and Sheikh Ahmed Salim Swedan, in Pakistan’s tribal region. Al-Kini, a Kenyan also known as Fahid Muhammad Ally Msalam, is said to be al-Qaeda’s chief of operations in Pakistan since 2007. Swedan, also a Kenyan, is al-Kini’s long-time deputy. Both men are said to be linked to a recent series of suicide bombings in Pakistan, including a September 16 bombing of the Marriott Hotel in Islamabad that killed 53 people. Both are said to have had central roles in planning the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The FBI had a $5 million bounty for their capture. An anonymous US counterterrorism official says that al-Kini is one of the top 10 highest ranking terrorists the CIA ever killed or captured. The drone strike is said to have hit a building being used for explosives training near the town of Karikot in South Waziristan. [Washington Post, 1/9/2009]

Entity Tags: Al-Qaeda, Usama al-Kini, Sheikh Ahmed Salim Swedan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

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

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

Entity Tags: Robert M. Gates, US Department of Defense, Peter Bergen, Donald Rumsfeld, Mark Denbeaux, Geoff Morrell, Defense Intelligence Agency

Timeline Tags: Torture of US Captives

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

Mark Denbeaux.Mark Denbeaux. [Source: Seton Hall University]Mark Denbeaux, the director of the Seton Hall Law School Center for Policy and Research, and the lawyer for two detainees at Guantanamo, describes how his research disproved the Pentagon’s recent claim that 61 former detainees have returned to terrorist activities (see January 13-14, 2009). Denbeaux, interviewed by MSNBC’s Rachel Maddow, says that his analysis of the information released by the government shows that the claim has changed over and over again, and has never been supported by evidence. “Our model is simply to look at what the government’s reports show and analyze them,” he says. “The government has given its 43rd attempt to describe the number of people who have left Guantanamo and returned to the battlefield. Forty-one times they have done it orally as they have this last time. And their numbers have changed from 20 to 12 to seven to more than five to two to a couple to a few—25, 29, 12 to 24. Every time, the number has been different. In fact, every time they give a number, they don’t identify a date, a place, a time, a name, or an incident to support their claim.” In June 2007, Denbeaux says, the Pentagon identified 15 detainees as having “returned to the battlefield.” Denbeaux analyzed the information about the 15 so-called “recidivist terrorists.” Three of the 15, the so-called “Tipton Three” (see November 28, 2001), were considered as having “returned to the battlefield” because of their appearance in a documentary, The Road to Guantanamo. Five others are Chinese Uighurs who were listed as having “returned to terrorism” because one of their number wrote an editorial criticizing Guantanamo detention policies (see September 17, 2006). Two others were never at Guantanamo. Two were Russians who were arrested in Russia but never prosecuted. Two were arrested in their home country of Morocco, and the last was arrested in his home country of Turkey. So of the 15 so-called “recidivists,” a maximum of three could even be considered as possibly “returning to the battlefield.” Denbeaux says that the current listing of 61 so-called “recidivists” includes the 15 on the 2007 list, and the remaining 46 names have similar issues with documenting actual acts of terrorism. [MSNBC, 1/16/2009]

Entity Tags: Mark Denbeaux, US Department of Defense, Rachel Maddow

Timeline Tags: Torture of US Captives

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

Robert Fuller, an FBI agent who interrogated Canadian terror suspect Omar Khadr at Bagram Air Base in 2002 (see October 7-22, 2002), testifies about the interrogation at a Guantanamo hearing. The hearing was requested by Khadr’s defence team, to have self-incriminating statements Khadr made during interrogations suppressed ahead of proceedings before a military commission. Fuller says that, during the interrogation, Khadr told him he recognised a man named Maher Arar from a safe house run by al-Qaeda in Afghanistan and also possibly from a terror training camp. “He identified him by name,” Fuller says. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] However, cross-examination by the defense the next day will raise several issues that cast doubt on the identification (see January 20, 2009).

Entity Tags: Robert Fuller, Omar Khadr, Federal Bureau of Investigation, Maher Arar

Timeline Tags: Torture of US Captives

Constitutional lawyer and author Bruce Fein, a former official in the Justice Department under Ronald Reagan, writes that if President Obama wants to “restore the rule of law and to prevent future wrongdoing by high-level government officials,” he “should investigate, among others, former President George W. Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General John Ashcroft, former White House counsel and Attorney General Alberto Gonzales, and former White House political adviser Karl Rove. The crimes to be investigated should include complicity in torture, illegal surveillance, illegal detention, perjury, obstruction of justice, and contempt of Congress. Prosecutions should follow if the evidence convinces a grand jury to indict.” Fein states that “[t]he best way to deter government criminality and to teach citizens the rule of law is to punish the perpetrators who are unanimously found guilty beyond a reasonable doubt by independent and impartial jurors.”
FBI, CIA Feared Prosecution for Torture - He notes that the FBI refused to participate in “enhanced interrogation techniques,” including waterboarding, for fear of being charged with war crimes. And the CIA required specific legal opinions from the Bush Justice Department—the so-called “golden shield” (see August 1, 2002)—and specific presidential authorization before it would allow its agents to torture detainees. And the White House ordered an end to waterboarding after it was warned that such tactics left its officials open to charges of torture and war crimes.
Attorney General Feared Prosecution under FISA - He goes on to note that Justice Department officials such as acting Attorney General James Comey “balked at approving… Bush’s warrantless surveillance program without modification in March 2004 probably because he feared criminal prosecution under the Foreign Intelligence Surveillance Act” (see 1978).
'Unpunished Lawlessness by Government Officials Invites Lawlessness Generally' - Fein asserts that “unpunished lawlessness by government officials invites lawlessness generally.” He quotes former Supreme Court Justice Louis Brandeis: “Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” The best way to deter criminal behavior, he says, is to prosecute alleged criminals, and that process must start with government officials. [Washington Times, 1/20/2009]

Entity Tags: Bruce Fein

Timeline Tags: 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

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