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Profile: Gordon England

Positions that Gordon England has held:

  • Navy Secretary

Gordon England was a participant or observer in the following events:

Gordon England.Gordon England. [Source: US Department of Defense]Secretary of the Navy Gordon England is unable to communicate with colleagues on the ground while he is being flown from Texas to Washington, DC. England, the Navy’s top civilian official, traveled to Fort Worth, Texas, the previous evening to give a speech to the Navy League. When the terrorist attacks began this morning, he was getting ready to fly back to Washington. Initially, however, the Navy plane he was going to travel on was grounded. [CNN, 10/16/2001; American Forces Press Service, 9/7/2006] (The FAA ordered a ground stop to prevent any aircraft taking off across the US at around 9:26 a.m. (see (9:26 a.m.) September 11, 2001). [US Congress. House. Committee On Transportation And Infrastructure, 9/21/2001; 9/11 Commission, 7/24/2004, pp. 25] ) But after a “short period,” England will later recall, the Navy secretary and his companions “got clearance to come back to Washington.” While they are flying to the capital, however, they are unable to communicate with their colleagues on the ground. When he is asked about the flight, England will recall, “Well, of course, we didn’t have any communications.” England and his companions consequently have little knowledge of what the attacks involved. “We didn’t know what was happening,” England will say. “Literally just knew some of the things that happened, knew that something had been hit in Washington, but didn’t know until we were airborne that it had been the Pentagon.” England only learns more about what has happened when his plane lands. “I really didn’t hear much until we got on the ground,” he will say. Why England and those with him have these communication problems is unknown. After arriving in Washington, England joins colleagues of his at the Naval Criminal Investigative Service headquarters, where the Navy has set up a temporary headquarters (see After 9:37 a.m. September 11, 2001). [CNN, 10/16/2001; Goldberg et al., 2007, pp. 133] Other senior US government officials also have trouble making and receiving communications while the attacks are taking place this morning, and in the following hours (see (After 8:55 a.m.) September 11, 2001). These officials include President Bush (see (9:34 a.m.-11:45 a.m.) September 11, 2001), Secretary of State Colin Powell (see (12:30 p.m.-7:30 p.m.) September 11, 2001), CIA Director George Tenet (see (8:55 a.m.-9:15 a.m.) September 11, 2001), and House Speaker Dennis Hastert (see (9:04 a.m.-9:45 a.m.) September 11, 2001). [Telecom News, 2002 pdf file; Hastert, 2004, pp. 6; Canadian Broadcasting Corporation, 9/10/2006; Tenet, 2007, pp. 162]

Entity Tags: Gordon England

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vern Clark.Vern Clark. [Source: US Navy]The Navy Command Center at the Pentagon is mostly destroyed when the building is hit at 9:37 a.m. [Washington Post, 1/20/2002] After the attack, the Navy’s leaders start arriving instead at the Navy’s Antiterrorist Alert Center (ATAC), which is located at the Naval Criminal Investigative Service (NCIS) headquarters in southeast Washington, DC. [US Department of the Navy, 2/2002 pdf file; CNN, 8/27/2002; US Naval Criminal Investigative Service, 8/22/2006] Those who arrive at the center include Admiral Vern Clark, the chief of naval operations; Admiral William Fallon, the vice chief of naval operations; Gordon England, the secretary of the Navy; and Rear Admiral Jeffrey Hathaway of the US Coast Guard, who is currently in charge of Navy Anti-Terrorism Force Protection. According to Hathaway, the NCIS headquarters is “not the official backup,” but “There was not a plan in place that if somebody flew into the Pentagon where would we take folks.” From the center, these officials are able to hold secure video-teleconferences throughout the rest of the day, and also on the following day. Eventually the Naval Operations staff will relocate to the Navy Annex, which is about a mile away from the Pentagon. This will act as their temporary base in the following weeks (see (3:00 p.m.) September 11, 2001). [US Coast Guard, 6/20/2002 pdf file; GlobalSecurity (.org), 5/7/2011]

Entity Tags: William Fallon, Vern Clark, Jeffrey Hathaway, US Department of the Navy, Gordon England

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Deputy Secretary of Defense Gordon England will later claim that President Bush makes an unpublicized visit to the Pentagon at this time. In 2007, England will recall in a speech, “Then that night, on 9/11, we had a meeting in the Pentagon—and I remember this well, because the president came to the Pentagon that evening, at 6:15 in the evening… And the president came and met in the conference room right next to Secretary Rumsfeld’s office. And he came and he said, ‘Get ready.’ He said,‘Get ready.’ He said, ‘This is going to be a long war.’” [US Department of Defense, 1/22/2007] If this account is true, then Air Force One must have flown very quickly from Nebraska (if reports are true Bush left at 4:33 (see (4:33 p.m.) September 11, 2001), the plane would have travelled at about 700 mph, faster than its official top speed of 600 mph), and Bush must have stayed at the Pentagon briefly before arriving live on camera at the White House around 6:45 (see (6:54 p.m.) September 11, 2001). If Bush did go to the Pentagon, is it not exactly clear why or why no account would mention it until 2007.

Entity Tags: George W. Bush, Gordon England

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General Dynamics logo.General Dynamics logo. [Source: Castle Air Museum.]Defense Secretary Donald Rumsfeld has so far hired “32 appointees to top policymaking positions who were former executives, paid consultants, or major shareholders of top defense contractors,” according to author William Hartung, writing for the Los Angeles Times. Hartung says Rumsfeld came into office determined to hire a “core group of corporate executives to run the Pentagon in what one commentator describe[s] as ‘Department of Defense Inc.’” Rumsfeld placed executives in charge of three of the military’s five branches—Northrop Grumman’s James Roche for the Air Force, General Dynamics’s Gordon England for the Navy, and Enron’s Thomas White for the Army. Since their ascension to power, the military has been accused by such critics as Senator John McCain (R-AZ) of stunning levels of “war profiteering.” Hartung writes that the Pentagon is suffering from a severe case of “ethical rot” under Rumsfeld, and says that the Pentagon is experiencing “decreased accountability and a level of cronyism… more reminiscent of Indonesia under Suharto than anything Washington has seen in recent memory.” [Los Angeles Times, 12/10/2003; Carter, 2004, pp. 72]

Entity Tags: James G. Roche, Donald Rumsfeld, Enron Corporation, Gordon England, Thomas E. White, US Department of Defense, John McCain, Northrop Grumman, General Dynamics, William Hartung

Timeline Tags: US Military

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

The New York Times says in an editorial, “The White House, the Pentagon, and the Justice Department clearly have no intention of addressing the abuse.” [New York Times, 12/1/2004]

Entity Tags: Gordon England

Timeline Tags: Torture of US Captives

Navy Secretary Gordon England says that a second detainee reviewed by the Combatant Status Review Tribunal in Guantanamo has been determined not to be an enemy combatant. England does not reveal the man’s name, nationality, information on when or where he was captured, when he was transferred to Guantanamo, or why the tribunal decided to reverse his status. So far, the tribunal has reviewed the statuses of 507 prisoners and made decisions in 230 of the cases. Two hundred fifteen detainees have refused to cooperate. [Reuters, 12/20/2004]

Entity Tags: Gordon England

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld gathers a group of senior subordinates and warns them to stay away from three senators—John McCain (R-AZ), John Warner (R-VA), and Lindsey Graham (R-SC)—who are drafting a bill to govern the handling of terrorism suspects (see December 30, 2005). A Pentagon official with direct knowledge of the meeting will later recall, “Rumsfeld made clear, emphatically, that the vice president had the lead on this issue.” Though Vice President Dick Cheney has, as he so often has done in the past, ensured that his bureaucratic fingerprints are not on the issue, he has already staked out a hardline position for the White House. This time, it came as a last-minute insert in a July 2005 “statement of administration policy” by the Office of Management and Budget (OMB), where Nancy Dorn, Cheney’s former chief of legislative affairs, is deputy director. Cheney’s staff adds, without the required staff clearance, a paragraph to the OMB’s guidance for the 2006 defense appropriations bill (see July 21, 2005). Among those surprised by the position is Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects. England attempts to clarify the issue (see Late 2005). [Washington Post, 6/25/2007]

Entity Tags: John McCain, Bush administration (43), Donald Rumsfeld, Gordon England, Office of Management and Budget, Richard (“Dick”) Cheney, John W. Warner, Nancy Dorn, Lindsey Graham, US Department of Defense

Timeline Tags: Civil Liberties

Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects (see Summer 2005), calls a meeting of three dozen Pentagon officials, including the vice chief and top uniformed lawyer for each military branch. England wants to discuss a proposed new directive defining the US military’s detention policies. The secretaries of the Army, Navy, and Air Force are present, as are generals from each branch of service and a number of military lawyers, including Naval General Counsel Alberto Mora. The agenda is set by Matthew Waxman, the deputy assistant secretary for detainee affairs. Waxman says that the president’s general statement that detainees should be treated humanely “subject to military necessity” (see February 7, 2002) has left US military interrogators and others unsure about how to proceed with detainees. Waxman has proposed making it official Pentagon policy to treat detainees in accordance with Common Article III of the Geneva Conventions, which bars cruel, inhuman, and degrading treatment, as well as “outrages against human dignity.” The standard has already been in effect since the Geneva Conventions were first put into place over 50 years ago, and US military personnel are trained to follow it. In 2007, the Washington Post will observe, “That was exactly the language… that [Vice President] Cheney had spent three years expunging from US policy.” Mora will later recall of the meeting, “Every vice chief came out strongly in favor, as did every JAG,” or Judge Advocate General.
Opposition - Every military officer supports the Waxman standard, but two civilians oppose it: Stephen Cambone, the undersecretary of defense for intelligence, and William Haynes, the Pentagon’s general counsel and a close associate of Cheney’s chief counsel, David Addington. Cambone and Haynes argue that the standard will limit the US’s “flexibility” in handling terror suspects, and it might expose administration officials to charges of war crimes. If Common Article III becomes the standard for treatment, then it might become a crime to violate it.
War Crimes Questions - An exasperated Mora points out that whether the proposal is adopted or not, the Geneva Conventions are already solidly part of both US and international law. Any serious breach is in legal fact a war crime. Mora reads from a copy of the US War Crimes Act, which already forbids the violation of Common Article III. It is already the law, Mora emphasizes, and no one is free to ignore it. Waxman believes his opponents are isolated, and issues a draft of DOD Directive 2310, incorporating the Geneva-based language.
Browbeating Waxman - Within a few days, Addington and Lewis “Scooter” Libby, Cheney’s chief of staff, bring Waxman in for a meeting. The meeting goes poorly for Waxman. Addington ridicules the vagueness of the Geneva ban on “outrages upon personal dignity,” saying it leaves US troops timid in the face of unpredictable legal risk. Waxman replies that the White House policy is far more opaque, and Addington accuses him of trying to replace the president’s decision with his own. Mora later says, “The impact of that meeting is that Directive 2310 died.” Shortly thereafter, Waxman will leave the Pentagon for a post at the State Department. [New Yorker, 2/27/2006; Washington Post, 6/25/2007]

Entity Tags: Alberto Mora, David S. Addington, Lewis (“Scooter”) Libby, William J. Haynes, War Crimes Act, Matthew Waxman, Gordon England, Richard (“Dick”) Cheney, US Department of Defense, Geneva Conventions, Stephen A. Cambone

Timeline Tags: Torture of US Captives, Civil Liberties

Air Force Colonel Morris Davis.Air Force Colonel Morris Davis. [Source: US Department of Defense]Politically motivated officials at the Pentagon push for convictions of high-profile detainees ahead of the 2008 elections, according to Air Force Colonel Morris Davis, lead prosecutor for terrorism trials at Guantanamo Bay. Davis, whose later resignation is partially caused by this pressure (see July 2007), says the strategic political value of such trials is discussed at a meeting on this day, and that officials prefer “sexy” cases, rather than those that are most solid or ready to go. Davis will later say: “There was a big concern that the election of 2008 is coming up.… People wanted to get the cases going. There was a rush to get high-interest cases into court at the expense of openness.” [Washington Post, 10/20/2007] Davis specifically alleges that Deputy Defense Secretary Gordon England says to him and other lawyers, “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.” [Miami Herald, 3/28/2008]

Entity Tags: Morris Davis, Gordon England

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties, 2008 Elections

Defense Department General Counsel William J. Haynes assumes command of the military prosecutions at Guantanamo, a decision that infuriates lead prosecutor Colonel Morris Davis. Haynes is promoted by Deputy Secretary of Defense Gordon England; Haynes, a civilian lawyer, was blocked in his bid for a seat on an appellate court because of his connection to the now-infamous torture memos (see November 27, 2002). Davis, who opposes the use of such techniques as waterboarding and other “extreme interrogation techniques,” resigns within hours of Haynes’s promotion. Davis will later say that Haynes’ expanded powers were a key reason for his decision (see October 4, 2007). “[T]he decision to give him command over the chief prosecutor’s office, in my view, cast a shadow over the integrity of military commissions,” he will write in a December 2007 op-ed explaining his decision (see December 10, 2007). Davis will also write that he has no confidence that military commissions can be used for fair trials if “political appointees like Haynes and [convening authority Susan] Crawford” are in charge: “The president first authorized military commissions in November 2001, more than six years ago, and the lack of progress is obvious. Only one war-crime case has been completed. It is time for the political appointees who created this quagmire to let go. Sen[ators] John McCain and Lindsey Graham have said that how we treat the enemy says more about us than it does about him. If we want these military commissions to say anything good about us, it’s time to take the politics out of military commissions, give the military control over the process and make the proceedings open and transparent.” [Los Angeles Times, 12/10/2007] In 2009, one of Davis’s subordinates, prosecutor Lieutenant Colonel Darrel Vandeveld, will confirm Davis’s story (see January 18, 2009). He will recall Davis complaining of “being bullied by political appointees in the Bush administration.” Vandeveld will write that Davis resigned rather than bring prosecutions before they were ready to proceed, especially since, as Davis believed, the prosecutions were for political purposes. [Washington Post, 1/18/2009]

Entity Tags: William J. Haynes, Gordon England, Morris Davis, Darrel Vandeveld, John McCain, US Department of Defense, Lindsey Graham

Timeline Tags: Torture of US Captives, Complete 911 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

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

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