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Context of 'January 13, 2004: MP Turns Over Photographs of Abu Ghraib Abuses to Criminal Investigation Division'

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Joseph Darby.Joseph Darby. [Source: Richard Lambert / US Army]Spc. Joseph Darby, a 24-year-old member of the 372nd MP Company at Abu Ghraib, slips an envelope under the door of the Army’s Criminal Investigations Division. The envelope contains an anonymous note and a CD with roughly one thousand photographs of abuses that took place at the prison, mostly between October and December of the previous year. [Knight Ridder, 5/10/2004; New Yorker, 5/24/2004] Darby was collecting photographs from his tour in Iraq and received them inter alia from Spc. Charles Graner. “It was just wrong,” Darby later declares. “I knew I had to do something.” He talked about it with Graner who allegedly replied: “The Christian in me says it’s wrong, but the corrections officer in me says, ‘I love to make a grown man piss himself.’” [Washington Post, 5/22/2004]

Entity Tags: Joseph Darby, Charles Graner

Timeline Tags: Torture of US Captives

Bantz Craddock.Bantz Craddock. [Source: US European Command]On January 15, 2004, Lieutenant General Bantz Craddock, Defense Secretary Donald Rumsfeld’s senior military assistant, and Vice-Admiral Timothy Keating, director of the Joint Staff of the Joint Chiefs of Staff, are e-mailed a summary of the Abu Ghraib abuses depicted on a CD-ROM recently given to an army investigative unit two days before (see January 13, 2004). The summary says that about ten soldiers are shown in the pictures and are involved in acts including: “Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.” On January 20, Central Command sends another e-mail to Keating, Craddock, and Lieutenant General Ricardo Sanchez, the top US Army commander in Iraq. It confirms the detainee abuse took place, is well-documented with photos, and says that “currently [we] have 4 confessions implicating perhaps 10 soldiers.” General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that around this time, information about the abuse and the photographs had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described.” [New Yorker, 6/17/2007]

Entity Tags: Ricardo S. Sanchez, Richard B. Myers, Bantz J. Craddock, Timothy Keating, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Gen. Janis Karpinski is informed of the abuses depicted in the photographs turned in by Spc. Joseph Darby a few days before (see January 13, 2004). She is an hour and a half away from Baghdad engaged in some kind of “security mission.” The Criminal Investigation Division (CID) commander informs her by e-mail “almost as if he thought of me as an after-fact or an afterthought,” she later says. [Signal Newspaper, 7/4/2004]

Entity Tags: Janis L. Karpinski, Criminal Investigation Division

Timeline Tags: Torture of US Captives

Antonio M. Taguba.Antonio M. Taguba. [Source: US Army]Maj. Gen. Antonio M. Taguba files a 53-page classified report which finds that between October and December of 2003, members of the 372nd Military Police Company and US intelligence community engaged in numerous incidents of “sadistic, blatant, and wanton criminal abuses” against prisoners at the Abu Ghraib prison in Baghdad. As evidence, he cites “detailed witness statements and the discovery of extremely graphic photographic evidence.” The photographs—which are later leaked to the press (see Mid-April 2004), causing an enormous international public outcry—are not included in the report. [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004; New Yorker, 5/17/2004] Taguba also takes issue with the November 5 (see November 5, 2003) Ryder report which concluded that the military police units had not intentionally used inappropriate confinement practices. “Contrary to the findings of MG [Maj. Gen.] Ryder’s report, I find that personnel assigned to the 372nd MP Company, 800th MP Brigade were directed to change facility procedures to ‘set the conditions’ for MI interrogations.” Army intelligence officers, CIA agents, and private contractors “actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses.” [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004] He presents his report to his commander on March 3 (see March 3, 2004).

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

Seymour Hersh.Seymour Hersh. [Source: Daily Californian / Skyler Reid]The New Yorker magazine publishes an in-depth article by investigative journalist Seymour Hersh on the Abu Ghraib abuses, as well as excerpts of the Taguba report (see February 26, 2004). The article includes some of the graphic photos of the abuses that were turned in by Spc. Joseph Darby (see January 13, 2004) in January. [New Yorker, 5/10/2004] Soon thereafter, subordinates of Undersecretary for Policy Douglas Feith send out an “urgent” e-mail around the Pentagon warning officials not to read the Taguba report and not to mention the report to anybody including family members, even though major parts of it are now part of the public record. Newsweek later quotes a military lawyer as saying, that Feith has turned his office into a “ministry of fear.” [Newsweek, 6/7/2004]

Entity Tags: Joseph Darby, New Yorker, Douglas Feith, Seymour Hersh

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio Taguba, author of a hard-hitting report on Abu Ghraib prison abuse, is summoned to meet Defense Secretary Donald Rumsfeld for the first time. Rumsfeld is scheduled to testify about Abu Ghraib before Congress the next day (see May 7, 2004). Also attending the meeting is Deputy Defense Secretary Paul Wolfowitz, Under-Secretary of Defense for Intelligence Stephen Cambone, Joint Chiefs of Staff Chairman Gen. Richard Myers, Army chief of staff Gen. Peter Schoomaker, Rumsfeld’s senior military assistant Lt. Gen. Bantz Craddock, and others. According to Taguba, when he walks in, Rumsfeld declares in a mocking voice, “Here… comes… that famous General Taguba—of the Taguba report!” Asked if there was torture at Abu Ghraib, Taguba recalls, “I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, ‘That’s not abuse. That’s torture.’ There was quiet.” Rumsfeld asks who leaked Taguba’s report to the public, but Taguba says he doesn’t know. Rumsfeld then complains that he has not seen a copy of his report or the Abu Ghraib abuse photographs and yet he has to testify to Congress tomorrow. Taguba is incredulous, because he sent over a dozen copies of his report to the Pentagon and Central Command headquarters, and had just spent several weeks briefing senior military leaders about it. He also was aware that Rumsfeld, Myers, Craddock, and others were notified about the abuse and the photographs back in January, before Taguba even began his investigation (see January 15-20, 2004). Taguba will later suspect that the military leaders were trying to remain ignorant of the scandal to avoid responsibility and accountability. For instance, when Taguba urged one lieutenant general to look at the photographs, he got the reply, “[I] don’t want to get involved by looking, because what do you do with that information, once you know what they show?” Taguba will later complain of the meeting, “I thought they wanted to know. I assumed they wanted to know. I was ignorant of the setting.” [New Yorker, 6/17/2007]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, Bantz J. Craddock, Peter J. Schoomaker, Richard B. Myers, Stephen A. Cambone, Paul Wolfowitz

Timeline Tags: Torture of US Captives

Rumsfeld under oath, testifying about Abu Ghraib.Rumsfeld under oath, testifying about Abu Ghraib. [Source: HBO]In public testimony under oath before the Senate and the House Armed Services Committees, Defense Secretary Donald Rumsfeld claims he had no early knowledge of the Abu Ghraib detainee abuse. He says, “It breaks our hearts that in fact someone didn’t say, ‘Wait, look, this is terrible. We need to do something.’ I wish we had known more, sooner, and been able to tell you more sooner, but we didn’t.” He claims that when reports about the hard-hitting Taguba report on Abu Ghraib (see February 26, 2004) first appeared publicly just days before his testimony, “it was not yet in the Pentagon, to my knowledge.” Regarding the shocking Abu Ghraib photos, seen by millions on the television program 60 Minutes on April 28 (see April 28, 2004), Rumsfeld claims, “I say no one in the Pentagon had seen them.” He adds that “I didn’t see them until last night at 7:30.” Asked when he’d first heard of them, he replies, “There were rumors of photographs in a criminal prosecution chain back sometime after January 13th… I don’t remember precisely when, but sometime in that period of January, February, March.… The legal part of it was proceeding along fine. What wasn’t proceeding along fine is the fact that the President didn’t know, and you didn’t know, and I didn’t know. And, as a result, somebody just sent a secret report to the press, and there they are.” But General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that just days after the photos were given to US Army investigators on January 13, information had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described” (see January 15-20, 2004). Major General Antonio M. Taguba, author of the Taguba report, will later claim that he was appalled by Rumfeld’s testimony. “The photographs were available to him—if he wanted to see them.… He’s trying to acquit himself, and a lot of people are lying to protect themselves.” Congressman Kendrick Meek (D-FL) will later comment, “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything, and what he was giving us was hard to believe.” [New Yorker, 6/17/2007]

Entity Tags: Donald Rumsfeld, Kendrick Meek, Antonio M. Taguba, Richard B. Myers

Timeline Tags: Torture of US Captives

Attorney General Eric Holder announces he has appointed a federal prosecutor from Connecticut, John Durham, as a special prosecutor to investigate whether CIA interrogators broke any federal laws. [US Department of Justice, 8/24/2009; Washington Post, 8/25/2009]
Decision Stems from CIA IG Report - The investigation is preliminary in nature, and will decide whether a full investigation is warranted. Holder bases his decision in part on a just-released 2004 report on torture by the CIA’s inspector general (see August 24, 2009) and a Justice Department recommendation that there should be an investigation of about a dozen cases of possible abuse and torture from Iraq and Afghanistan (see First Half of August 2009). According to the conclusion of the CIA report: “The enhanced interrogation techniques used by the agency under the CTC [Counterterrorist Center] program are inconsistent with the public policy positions that the United States has taken regarding human rights. Unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used.” [New York Times, 8/24/2009; MSNBC, 8/25/2009] The review is also prompted by a report by the Justice Department’s Office of Professional Responsibility (OPR) into memoranda drafted by the department’s Office of Legal Counsel related to “enhanced interrogation techniques.” The OPR report recommends the department re-examine previous decisions not to prosecute in some cases related to the interrogation of certain detainees. The aim of the preliminary review is to find whether federal offenses were committed in some detainee interrogations. [US Department of Justice, 8/24/2009] According to the Washington Post, the review will focus on “a very small number of cases,” including one in which a CIA officer named Zirbel caused Afghan prisoner Gul Rahman to freeze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) and the intimidation of al-Qaeda leader Abd al-Rahim al-Nashiri by a CIA officer named “Albert” using a handgun and drill (see Between December 28, 2002 and January 1, 2003). These cases and the others were previously referred by the CIA inspector general to the Justice Department for examination, but the department decided not to prosecute (see (August 2004) and Mid-October 2005). [Washington Post, 9/19/2009; Associated Press, 9/7/2010]
Durham a Veteran Prosecutor - Durham has been investigating the CIA’s destruction of videotapes of interrogations that may have documented instances of torture (see January 2, 2008). Although Durham has a low public profile, he is a veteran of numerous high-level prosecutions, including cases against Boston-area organized crime figures, corrupt FBI agents, and former Governor John Rowland (R-CT). Durham is considered apolitical, and has worked closely with the Justice Department under both Democratic and Republican administrations. Connecticut defense lawyer Hugh Keefe calls him “the go-to guy for Justice whenever they get a hot case.” Former Connecticut prosecutor Mark Califano calls Durham’s approach to investigations “clinical,” and says he has “very rarely” concluded a case without bringing criminal charges. “He likes to make cases when there is evidence there,” Califano says. “You’ve got to balance whether that kind of information exists.… You can’t move forward if you don’t have the evidence.” [US Department of Justice, 8/24/2009; MSNBC, 8/25/2009; Washington Post, 8/25/2009] Boston prosecutors and defense attorneys have characterized Durham as “honest” and “tenacious.” Warren Bamford, who heads Boston’s FBI office, said Durham “kind of has blinders on in the sense that he doesn’t worry about the politics and all the other stuff that might be swirling around, and I think that’s really what makes him so successful.” [Boston Globe, 1/7/2008] In a statement, Holder says, “Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.” [Think Progress, 8/24/2009]
Senator: Durham a 'First-Rate' Choice - Senator Sheldon Whitehouse (D-RI) is enthusiastic about the choice of Durham. He says he has worked with Durham before, while Whitehouse was US Attorney for Rhode Island, and calls the prosecutor “very professional” and “a first-rate choice,” adding that Durham has “a very good grounding in this because he has been doing the investigation into the destruction of the torture tapes.” [MSNBC, 8/25/2009]
No Acknowledged 'Break' with White House - Holder notes that he will be criticized for undermining the CIA, and may be going against abjurations by President Obama to “move forward” instead of focusing on past transgressions, but says the facts left him little choice. “As attorney general, my duty is to examine the facts and to follow the law,” he says in a statement. “Given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take.… I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations.” White House officials say Holder’s decision does not mark a break between the White House and the Justice Department on their policies toward interrogations. Deputy press secretary Bill Burton tells reporters that “ultimately, the decisions on who is investigated and who is prosecuted are up to the attorney general.… The president thinks that Eric Holder, who he appointed as a very independent attorney general, should make those decisions.” [New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] Justice Department spokespersons refuse to say who will, and who will not, be investigated. [TPM Muckraker, 8/25/2009]

Entity Tags: Mark Califano, John Durham, Warren Bamford, Office of Professional Responsibility, Office of Legal Counsel (DOJ), Hugh Keefe, Obama administration, Eric Holder, Barack Obama, Bush administration (43), Matthew Zirbel, Central Intelligence Agency, “Albert”, Bill Burton, US Department of Justice, Sheldon Whitehouse

Timeline Tags: Torture of US Captives

Law professor Benjamin Davis calls on former Bush administration officials to step forward and cooperate with the Justice Department investigation into torture, being led by prosecutor John Durham (see August 24, 2009). Davis makes his call after attending a debate called “After Guantanamo” at Case Western Reserve Law School. During that debate, he writes, “members of the former administration regaled the audience with stories about the mistakes made and the arrogance demonstrated by persons with whom they had worked on the issues of detention, interrogation, and military commissions.” Davis writes that “it would seem preferable for the former administration members to tell their stories to the federal prosecutor rather than to audiences at conferences.” He calls the stories “appalling,” citing incidents of “arrogant disdain for military lawyers” displayed by senior Bush officials, widespread ignorance of military law, “and the general indifference of those tasked with developing detention, interrogation, and military commission policy in the prior administration.” Davis calls on the former adminstration officials to go farther than they did at Case Western: “Names were not named in the conference, but names should be named to John Durham. He is permitted to ‘follow the facts wherever they lead,’ but if those lawyers, other civilians, and uniformed types who know where the dogs are buried refrain from coming forward, they will make the task more arduous than it needs to be. Everyone who has a story is a witness in piecing together what really went on. Every lawyer has also sworn an oath to be an officer of the court and is under an ethical duty to refrain from abetting crimes. Help John Durham find the facts.” He concludes by asking: “[B]eyond legal or ethical obligations, the real question is of what these architects of detention, interrogation, and military commission policy are made of. Are they made of the stuff that led Specialist Darby [Joseph Darby—see January 13, 2004] to clearly see what was wrong with detainee treatment in Abu Ghraib, thus prompting him to provide military investigators with the incriminating photos? Or are these persons made of the stuff of cowards that hope this will all go away if they do not say anything to anyone—posturing in public and cowering in private?” [Jurist, 9/18/2009]

Entity Tags: Bush administration (43), Benjamin Davis, Joseph Darby, US Department of Justice, John Durham

Timeline Tags: Torture of US Captives

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