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Profile: US Department of Defense
US Department of Defense was a participant or observer in the following events:
An unnamed Pentagon consultant describes the Bush administration’s policy on Iraq and Iran as “a classic case of ‘failure forward.’” He adds: “They believe that by tipping over Iran they would recover their losses in Iraq—like doubling your bet. It would be an attempt to revive the concept of spreading democracy in the Middle East by creating one new model state.” In the light of belligerent statements made by several administration officials hostile to the current regime in Iran, he also says: “More and more people see the weakening of Iran as the only way to save Iraq.… [T]he goal in Iran is not regime change but a strike that will send a signal that America still can accomplish its goals. Even if it does not destroy Iran’s nuclear network, there are many who think that thirty-six hours of bombing is the only way to remind the Iranians of the very high cost of going forward with the bomb—and of supporting Moqtada al-Sadr and his pro-Iran element in Iraq.” (Note: al-Sadr’s closeness to Iran is a matter of dispute.) [New Yorker, 11/27/2006]
Thomas McInerney. [Source: New York Times]Several military analysts who serve as part of the Pentagon’s propaganda campaign to push the Iraq war and occupation (see April 20, 2008 and Early 2002 and Beyond) emphasize their willingness to cooperate with the program even as they come to believe that they are being manipulated and deceived. NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, will later say that he has discerned an ever-widening gap between what he and his fellow analysts are being told and what subsequent investigation and book analyses will later reveal. Allard will say, “Night and day, I felt we’d been hosed.” Yet Allard continues to repeat Pentagon talking points on NBC. Other analysts feel fewer qualms. Thomas McInerney, a retired Air Force general and Fox News analyst, writes to the Pentagon regarding the talking points they have given him: “Good work. We will use it.” [New York Times, 4/20/2008]
According a report released by the US Government Accountability Office (GAO), the US Department of Defense (DOD) often contracted directly with local Iraqi firms for less complex electrical reconstruction projects rather than using large design-build contracts. DOD officials estimate that the direct contracts with Iraqi firms were 20 to 50 percent more cost efficient than the larger design-build contracts. [US Government Accountability Office, 12/15/2006, pp. 9 ]
US troops raid the compound of Abdul Aziz al-Hakim, the Shi’ite leader of the Supreme Council for the Islamic Revolution in Iraq (SCIRI), and capture two Iranians. The two, Brigadier General Mohsen Chirazi and Colonel Abu Amad Davari, are high-ranking members of Iran’s al-Quds Brigade, which the US accuses of supplying funding and training to Shi’ite insurgents in Iraq. After a tense nine-day diplomatic standoff, the US acquiesces to requests by the Iraqi government and its own State Department to allow the two to return to Iran, though the Pentagon wished to keep them in captivity for interrogation. [Washington Post, 1/12/2007; Asia Times, 3/31/2007] Iran calls both Chirazi and Davari “diplomats,” and says they are in Iraq at the invitation of Iraq’s president, Jalal Talabani, as part of an agreement to improve security between the two countries. [BBC, 12/29/2006]
John Garrett, a retired Marine colonel, Fox News analyst (see April 20, 2008 and Early 2002 and Beyond), and lobbyist who helps defense firms win Pentagon contracts in Iraq, contacts the Pentagon just before President Bush announces the “surge” in Iraq (see January 10, 2007). Garrett tells Pentagon officials, “Please let me know if you have any specific points you want covered or that you would prefer to downplay.” [New York Times, 4/20/2008]
Pentagon General Counsel William J. Haynes, whose involvement with a set of documents known as the “torture memos” threatens his nomination as an appellate court judge (see November 27, 2002), telephones Morris Davis, the lead prosecutor at Guantanamo, to pressure Davis to charge accused Australian terror suspect David Hicks. Haynes is apparently attempting to do a political favor for Australian Prime Minister John Howard. Haynes is advised that his interference is improper, but calls Davis a second time and suggests that Davis charge other prisoners along with Hicks to avoid any impression that the charges are “a political solution to the Hicks case.” Davis will resign in part because of pressure from Washington to politicize his prosecutions (see October 4, 2007). [Jurist, 11/2/2007]
A 2008 Justice Department report reveals that in January 2007, the CIA prevents Justice Department investigators from questioning al-Qaeda leader Abu Zubaida, who is being held at the Guantanamo prison. The Justice Department will say the CIA’s obstruction was “unwarranted” and “hampered” an investigation by the department’s Office of Inspector General into the FBI’s knowledge of abuse by CIA and Defense Department interrogators. The CIA’s acting general counsel John Rizzo refused to grant access to Zubaida, claiming that he “could make false allegations against CIA employees.” By contrast, Defense Department officials grant the same investigators access to other Guantanamo detainees also allegedly subjected to torture. After Zubaida was captured in early 2002, the CIA subjected him to harsh torture techniques, including waterboarding (see Mid-May 2002 and After). [Newsweek, 5/20/2008]
The American Civil Liberties Union (ACLU) releases FBI documents detailing 26 eyewitness accounts of prisoners abused by US personnel at Guantanamo. The FBI chose not to follow up 17 of the accounts. “These documents contain eyewitness FBI accounts of prisoner abuse which cannot be dismissed by the administration, and only underscore the need for a comprehensive investigation into the treatment of detainees at Guantanamo Bay and other US controlled detention facilities,” says the ACLU’s Amrit Singh. “The documents also call into question the FBI’s apparent decision to not follow up on prisoner abuses by Defense Department personnel. The fact that Defense Department policy allowed this treatment does not mean that it was legal, humane, or ethical.” The documents, compiled by FBI investigators after the Abu Ghraib scandal of 2004, contain eyewitness accounts by guards and interrogators of “aggressive mistreatment, interrogations, or interview techniques of GTMO detainees by representatives of any law enforcement, military, or bureau personnel which were not consistent with bureau guidelines.” Many of the eyewitness accounts focus on insulting the detainees’ religion:
Interrogators wrapped one detainee’s head in duct tape “because he would not stop quoting the Koran.”
An interrogator bragged about forcing a detainee to listen to “satanic black metal music for hours and hours.” That same interrogator later “dressed as a Catholic priest and baptized the detainee in order to save him.”
A Marine captain was observed enraging a detainee by squatting over a Koran in a fashion that the prisoner found extremely offensive.
After compiling these accounts, the FBI apparently chose not to pursue them further, citing the fact that what it observed was authorized by Defense Department policies. Only nine of the 26 accounts were slated for follow-up investigations. One incident marked “no further interview necessary” involved draping an Israeli flag around a detainee, shackling detainees to the floor, and subjecting them to excruciatingly loud music and strobe lights. ACLU attorney Jameel Jaffer says: “The FBI appears to have turned a blind eye to the very abuses that most need investigating—those abuses that were expressly authorized by Defense Department policy. The FBI documents only remind us that a thorough and independent investigation is long overdue.” [American Civil Liberties Union, 1/3/2007]
Irbil’s Iranian Liaison Office. [Source: Yahya Ahmed / Associated Press]US forces carry out two raids inside Iraq, capturing five Iranians as well as a large amount of documentary and computer data. Both raids are inside the Kurdish city of Irbil. One raid is at the Iranian Liaison Office, which is used as a local headquarters by the Iranian Revolutionary Guards; according to Iranian sources, five US helicopters land on the roof of the office building around 4 a.m. local time, and US soldiers break down doors, snatch up the five Iranians, and take away boxes of documents and computer equipment. The second raid, at the Irbil airport, ends differently, with US troops finding themselves confronting unfriendly Kurdish troops. Iraqi Foreign Minister Hoshyar Zebari says, “A massacre was avoided at the last minute.” No Iranians are detained as part of the airport raid. The two raids are part of a new US intelligence and military operation launched in December 2006 against Iranians allegedly providing assistance to Iraqi Shi’ite insurgents. Iran’s al-Quds Brigade, which provides funding and military training to other Shi’ite revolutionary groups such as Lebanon’s Hezbollah, is the primary target of the US offensive. “Throughout Iraq, operations are currently ongoing against individuals suspected of being closely tied to activities targeting Iraqi and Coalition forces,” the headquarters of the US-led Multi-National Force-Iraq says in a prepared statement. The month before, two senior Iranians of al-Quds, Brigadier General Mohsen Chirazi and Colonel Abu Amad Davari, were captured in similar raids (see December 21-29, 2006), and freed shortly thereafter. [Alalam News, 1/11/2007; Washington Post, 1/12/2007; Newswire, 1/12/2007] US officials dismiss the raids as “routine.” [Reuters, 1/11/2007] Months later, a Kurdish government official says that the real target of the raids was not the Iranian liaison officials, but commanders of the Iranian Revolutionary Guards, who were openly visiting Kurdish government officials. The commanders were not captured (see Early April, 2007). [Associated Press, 4/6/2007]
Rhetorical Escalation - Bush says that he has ordered US forces to “seek out and destroy the networks” arming and training US enemies, an indirect reference to Iran (see January 10, 2007). Joining Bush in the rhetorical escalation is General Peter Pace, the chairman of the Joint Chiefs of Staff, who charges that Iran is “complicit” in providing weapons designed to kill American troops: “We will do all we need to do to defend our troops in Iraq by going after the entire network regardless of where those people come from.” The Iranian Liaison Office was opened with the approval of the Iraqi Kurds, who maintain a near-autonomous region in northern Iraq with the support of the US. Iran wants to upgrade the office to a formal consulate. US forces did not inform their Iraqi allies of the raids on the office beforehand; the raids may well disrupt Kurdish and Iraqi government attempts to deepen ties with the Iranian government. “This is a very, very dangerous thing,” says Zebari. The Iranian government has protested the raids, and the capture of their five officials, through Iraqi and Swiss diplomats to the United Nations (Switzerland represents US interests in Iran). Tehran insists that all five captured Iranians are diplomats, a claim rejected by US and Iraqi officials. [Washington Post, 1/12/2007] The State Department will assert, without presenting proof, that the Iranians are part of a much larger effort by Iran to support the Iraqi Shi’ite militias and insurgents. Apparently the United States’ charges that the Iranians are not diplomats rest on a bureaucratic foible: the five Iranians had applied for diplomatic accreditation, but their paperwork had not been fully processed. The Kurdish government were treating them as if they were accredited. Iran insists that the five are legitimate diplomats regardless of paperwork, and that by capturing them, the US is violating the Vienna Conventions and other international diplomatic regulations. But the US routinely ignores such laws in both Iraq and Afghanistan, causing criticism from human rights organizations and legal experts around the globe. Human Rights Watch researcher John Sifton says, “The US hasn’t articulated the legal grounds under which it detains ‘combatants’. They regularly conflate criminal terrorism, innocent civilians, and real combatants on the ground, and throw them all into the same pot. The vagueness of the war on terror has supplied the soil under which all this has flourished.” [Agence France-Presse, 1/25/2007; Asia Times, 3/31/2007]
Eventual Release of Some Captives - Months later, the US will release some of the captured Iranians (see November 6-9, 2007).
Entity Tags: al-Quds Brigade, US Department of Defense, Peter Pace, US Department of State, Vienna Convention on Diplomatic Relations, Mohsen Chirazi, Human Rights Watch, Iranian Revolutionary Guards, Abu Amad Davari, Coalition for the International Criminal Court (CICC), Condoleezza Rice, George W. Bush, Hezbollah, John Sifton, Iranian Liaison Office, Hoshyar Zebari, United Nations
Timeline Tags: US confrontation with Iran
Defense Secretary Robert Gates tells the military to minimize its controversial “stop-loss” program (see November 2002), which forces US soldiers to remain on active duty long after their terms of service have expired. While US Army spokespersons have defended the policy as essential for keeping units intact, critics say it hurts morale and has strong, adverse effects on recruiting and retention (see September 15, 2004). Gates gives each branch of the military until February 28, 2007, to suggest how it intends to minimize stop-loss deployments for both active and reserve troops. [National Guard, 2/2007] Gates’s order will have little real impact (see May 2008).
The BBC reports that US plans for air strikes on Iran extend well beyond that country’s nuclear power plants and nuclear development sites, and include most of Iran’s military infrastructure. If ordered, US air strikes would target Iran’s air bases, naval bases, missile facilities, and command centers. The US insists it has no plans for any strikes against Iran, but evidence suggests otherwise (see September 2004). However, diplomatic sources say that US military planners have already selected their target sets inside Iran. The BBC claims that such a strike would be triggered by US confirmation that Iran is indeed building a nuclear weapon, which the US has asserted is the case but Iran denies. Another trigger could be if the US learns that Iran is behind any high-casualty attack on US forces inside Iraq. The US air strike plans include B2 stealth bombers delivering “bunker-buster” bombs on the nuclear facility at Natanz, which is deep underground. US officials insisted in January that they had evidence Iran was providing weapons to Iraqi Shi’ite insurgents, but those reports were soon debunked by US military officials. [BBC, 2/20/2007]
Judge Marcia Cooke. [Source: Daily Business Review]Federal prosecutors in the Jose Padilla case (see May 8, 2002) say that a video of Padilla’s final interrogation, on March 2, 2004, is inexplicably missing. The video was not part of a packet of DVDs containing classified material turned over to the court handling the Padilla case. Padilla’s lawyers believe that the missing videotape may show Padilla being subjected to “harsh” interrogation techniques that may qualify as torture, and wonder if other potentially exculpatory recordings and documentation of Padilla’s interrogations have also been lost. Padilla’s lawyers say something happened during that last interrogation session on March 2, 2004, at the Navy brig in Charleston, South Carolina, that led Padilla to believe that the lawyers are actually government agents. Padilla no longer trusts them, the lawyers say, and they want to know what happened. Prosecutors say that they cannot find the tape despite an intensive search. “I don’t know what happened to it,” Pentagon attorney James Schmidli said during a recent court hearing. US District Court Judge Marcia Cooke finds the government’s claim hard to believe. “Do you understand how it might be difficult for me to understand that a tape related to this particular individual just got mislaid?” Cooke told prosecutors at a hearing last month. Padilla, a US citizen, is scheduled to stand trial in April. Padilla’s lawyers want the brig tapes, medical records, and other documentation to prove their claims that Padilla suffers intense post-traumatic stress syndrome from his long isolation and repeated interrogations, though Cooke has ruled that Padilla is competent to stand trial. They believe that he was mistreated and possibly tortured in the Naval brig before being transferred to civilian custody. This missing DVD may not be the only one because brig logs indicate that there were approximately 72 hours of interrogations that either were not recorded, or whose recordings were never disclosed. Prosecutors claim some interrogations were not recorded, but defense lawyers question that, pointing out that there are even videos of Padilla taking showers. [Newsweek, 2/28/2007; Associated Press, 3/9/2007] Statements by then-Deputy Attorney General James Comey in June 2004 indirectly support the defense’s claim that Padilla was subjected to harsh interrogation tactics (see June 2004). Other videotapes that may pertain to the Padilla case have been destroyed by the CIA (see November 22, 2005). Former civil rights litigator Glenn Greenwald writes, “[I]f the administration’s patently unbelievable claim were true—namely, that it did ‘lose’ the video of its interrogation of this Extremely Dangerous International Terrorist—that would, by itself, evidence a reckless ineptitude with American national security so grave that it ought to be a scandal by itself. But the likelihood that the key interrogation video with regard to Padilla’s torture claims was simply ‘lost’ is virtually non-existent. Destruction of relevant evidence in any litigation is grounds for dismissal of the case (or defense) of the party engaged in that behavior. But where, as here, the issues extend far beyond the singular proceeding itself—we are talking about claims by a US citizen that he was tortured by his own government—destruction of evidence of this sort would be obstruction of justice of the most serious magnitude.” [Salon, 3/10/2007]
Entity Tags: Anthony Natale, US Department of Justice, US Department of Defense, Marcia Cooke, Jose Padilla, Al-Qaeda, Glenn Greenwald, James B. Comey Jr., James Schmidli
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
A Senate panel finds that billions of taxpayer dollars have been wasted in reconstruction efforts throughout Iraq through fraud, corruption, incompetence, and outright theft. The panel, led by independent Democrat Joseph Lieberman and moderate Republican Susan Collins, say they are considering legislation to create a commission to help fix problems after investigators found confusion and disarray in the four-year-old Iraq reconstruction effort. Lieberman observes, "Where we’ve seen failure is when the US government failed to plan projects carefully and then failed to keep a close watch over contractors and now we’ve seen billions of dollars wasted—a cost measured not just in dollars but in the undermining of the overall US mission in these war-torn countries." Inspector General Stuart Bowen’s latest report on the occupation’s reconstruction efforts found that nearly $400 billion had either been wasted or simply disappeared, though Bowen’s report was careful not to make allegations of outright criminality. Bowen’s report primarily blames confusion, disarray, and incompetence in joint efforts between the rival Defense and State Departments. "Anyone who has spent appreciative time in the Iraq reconstructive effort understands the tension that exists between the two," Bowen says. Bowen’s latest report finds, among other things, that a Defense Department agency charged with running the reconstruction effort never developed a fully coordinated plan upon members’ arrival in 2003, leading to confusion and duplication of effort. "We were bumping into one another as we tried to solve the same problem,” a former agency official is quoted as saying. Money flowed to reconstruction projects before procedures, training and staffing were fully in place, resulting in a "lack of clearly defined authorities" and little accountability in terms of how dollars were being spent. There was little oversight to ensure that Iraqi companies hired to do reconstruction work operated according to international standards. Earlier this year, federal investigators determined that the Bush administration had squandered as much as $10 billion in reconstruction aid in part because of poor planning and contract oversight, resulting in contractor overcharges and unsupported expenses. [Associated Press, 3/22/2007]
Private contractors paid by US firms outnumber US troops in Iraq, according to newly released figures from the State and Defense departments. Over 180,000 civilians, including Americans, foreign citizens, and Iraqis, are working under US contracts in Iraq, compared to about 160,000 soldiers and several thousand civilian government employees stationed in Iraq. The Los Angeles Times reports, “The total number of private contractors, far higher than previously reported, shows how heavily the Bush administration has relied on corporations to carry out the occupation of Iraq—a mission criticized as being undermanned.” The Brookings Institute’s Peter Singer says, “These numbers are big. They illustrate better than anything that we went in without enough troops. This is not the coalition of the willing. It’s the coalition of the billing.” The numbers of contractors include:
43,000 foreign contractors;
about 118,000 Iraqis.
These numbers are not complete; private security contractors, hired to protect government officials and buildings, were not fully counted in the survey. According to some firms’ figures, about 30,000 security personnel work in Iraq, sometimes fighting alongside—or independent of—military forces. All these employees working for private contractors are paid with US tax dollars. Military officials say contractors cut costs while allowing troops to focus on fighting rather than on other tasks. “The only reason we have contractors is to support the war fighter,” says Gary Motsek, the assistant deputy undersecretary of defense who oversees contractors. “Fundamentally, they’re supporting the mission as required.” But some are critical, noting that the US government has relied far more heavily on contractors in the Iraq war than in any other conflict in American history. Critics note that troops and their missions can be jeopardized if contractors, functioning outside the military’s command and control, refuse to make deliveries of vital supplies under fire. Just such an occurrence happened in 2004, when US forces were forced to endure food rationing after delivery drivers refused to ferry supplies into a combat zone. And the government does not keep centralized track of the number or location of contractors operating in Iraq, though the US Central Command (CENTCOM) has recently bowed to pressure from Congress and begun a census of the number of contractors working on US and Iraqi bases to determine how much food, water, and shelter is needed. The corporation with the single largest presence in Iraq is KBR, which was the Halliburton Co. subsidiary Kellogg, Brown, and Root until early 2007. KBR provides logistical support to US and Iraqi troops, and holds the single biggest contract in Iraq, employing nearly 14,000 US workers. Other large employers of Americans in Iraq include L-3 Corporation, which provides translators to troops, and engineering firm ITT. The companies that have drawn the most attention are the private security firms such as Blackwater, Triple Canopy, and Erinys. Military policy experts say these contractors’ jobs should be done by servicemen, and point out the number of times security forces have engaged in firefights with Iraqi insurgents. “We don’t have control of all the coalition guns in Iraq. That’s dangerous for our country,” says William Nash, a retired Army general and reconstruction expert. The Pentagon “is hiring guns. You can rationalize it all you want, but that’s obscene.” Others point to the almost-complete lack of governmental accountability; the Times notes that “[a]lthough scores of troops have been prosecuted for serious crimes, only a handful of private security contractors have faced legal charges.” [Los Angeles Times, 4/7/2004] (See July 3, 2007 and July 5, 2007.)
Entity Tags: USAID, US Department of Labor, William Nash, Triple Canopy, ITT Corporation, Halliburton, Inc., Gary Motsek, Erinys, Blackwater USA, Kellogg, Brown and Root, US Department of Defense, US Department of State, L-3, Peter Singer
Timeline Tags: Iraq under US Occupation
Suzanne Spaulding. [Source: Bipartisan Security Group]Suzanne Spaulding, a national security expert with twenty years of experience in the CIA, on various Congressional oversight committees, and executive director of two separate commissions on terrorism and weapons of mass destruction, testifies before the Senate Judiciary Committee as part of that body’s hearings on the improper use of National Security Letters (NSLs) by the FBI (see October 25, 2005). Spaulding has spoken out before against the NSA’s wiretapping program (see December 25, 2005). She says that the nation’s law enforcement and intelligence agents need “the tools they need to do their job” and “clear guidance on just what it is that we want them to do on our behalf—and how we want them to do it. Clear rules and careful oversight provide essential protections for those on the front lines of our domestic counterterrorism efforts.” However, Spaulding testifies, “it appears both were lacking in the implementation of national security letter authorities.” Spaulding says that Congress should begin a much larger examination of domestic surveillance issues, saying, “The appropriateness of using FISA electronic surveillance to eavesdrop on Americans should be considered in light of other, less intrusive techniques that might be available to establish whether a phone number belongs to a suspected terrorist or the pizza delivery shop. It’s not the ‘all or nothing’ proposition often portrayed in some of the debates.” However, according to recent findings by the Justice Department’s Inspector General, Glenn A. Fine, “there is not sufficient guidance on how to apply that in the NSL context or in conjunction with other available collection techniques.” Therefore, there is a strong “need for a broader examination of domestic intelligence tools.”
Urges Congressional Review - Spaulding urges Congress “to undertake a comprehensive review of all domestic intelligence collection, not just by FBI but also by the other national security agencies engaged in domestic intelligence collection, including the Central Intelligence Agency, the Department of Defense, and the National Security Agency. A Joint Inquiry or Task Force could be established by the Senate leadership, with representation from the most relevant committees (Judiciary, Intelligence, Armed Services, and Homeland Security and Government Affairs), to carefully examine the nature of the threat inside the US and the most effective strategies for countering it. Then Congress, and the American public, can consider whether we have the appropriate institutional and legal framework for implementing those strategies with adequate safeguards and oversight.”
FBI's Expanded Powers Need Review - In addition, she testifies, the FBI’s expanded ability to use NSLs under the Patriot Act must be examined. Currently, the law seems to allow the FBI to use NSLs to obtain evidence pursuant to a FISA warrant, thus allowing “the government to get information about individuals who are not themselves the subject of an investigation”—“parties two or three steps removed from their subjects without determining if these contacts reveal suspicious connections,” Fine reported. Spaulding expands on Fine’s findings: “In fact, the most tenuous of connections would seem to suffice for this NSL standard. For example, it’s not clear why an ‘investigation to protect against international terrorism’ couldn’t justify demanding information about all residents of, say, Dearborn, Michigan [home to a large Arab-American community], so that you could run them through some logarithmic profile to identify ‘suspicious’ individuals. In fact, Congress should examine the facts surrounding the nine NSLs in one investigation that were, according to the IG Report, used to obtain information regarding over 11,000 different phone numbers.”
Data Mining Efforts Should Be Examined - Also, she says, data mining efforts by other law enforcement and intelligence agencies should be carefully examined and addressed: “NSLs should not become a mechanism for gathering vast amounts of information about individuals with no known connection to international terrorism for purposes of data mining.” Spaulding also notes that the Patriot Act allows FBI special agents in charge (SACs) to issue NSLs; instead, she says, only attorneys in the Justice Department’s National Security Division should be able to issue NSLs. Yet another problem Spaulding notes is the FBI’s policy of retention of data gathered on US citizens through NSLs, even when those citizens have no connection to terrorist activities. Spaulding expressed similar concerns in a previous op-ed for the Washington Post (see December 25, 2005). [Senate Judiciary Committee, 4/11/2007]
Jessica Lynch testifies before the House Oversight Committee. [Source: Shawn Thew / epa / Corbis]The House Oversight Committee holds a hearing focusing on misleading and false information provided to the press following the death of Army Ranger Pat Tillman in Afghanistan, and the capture and rescue of Army Private Jessica Lynch in Iraq (see March 23, 2003, April 1, 2003, and June 17, 2003).The committee focuses on how and why misinformation on the two incidents was disseminated, by whom, and if anyone in the Bush administration has been, or will be, held accountable. Lynch testifies that she is there to address “misinformation from the battlefield,” and notes, “Quite frankly, it is something that I have been doing since I returned from Iraq.” Lynch says that while she was being transported out of Iraq to a hospital in Germany: “tales of great heroism were being told. My parent’s home in Wirt County was under siege of the media all repeating the story of the little girl Rambo from the hills who went down fighting. It was not true. I have repeatedly said, when asked, that if the stories about me helped inspire our troops and rally a nation, then perhaps there was some good. However, I am still confused as to why they chose to lie and tried to make me a legend when the real heroics of my fellow soldiers that day were, in fact, legendary. People like Lori Piestewa and First Sergeant Dowdy who picked up fellow soldiers in harms way. Or people like Patrick Miller and Sergeant Donald Walters who actually fought until the very end. The bottom line is the American people are capable of determining their own ideals for heroes and they don’t need to be told elaborate tales.” She concludes: “I had the good fortune and opportunity to come home and I told the truth. Many other soldiers, like Pat Tillman, do not have the opportunity. The truth of war is not always easy to hear but it is always more heroic than the hype.” [House Committee on Oversight and Government Reform, 4/27/2007; House Committee on Oversight and Government Reform, 4/27/2007 ]
Tim Russert. [Source: Huffington Post]NBC political analyst and “Meet the Press” host Tim Russert is interviewed by PBS’s Bill Moyers about the apparent self-censorship and cooperation of the news media with the Bush administration after 9/11 (see February 25, 2003, September 10, 2003, April 25, 2007, and April 25, 2007). Russert says that he realizes top-level government officials are usually not the best sources of objective information (see April 25, 2007). “Look, I’m a blue-collar guy from Buffalo. I know who my sources are. I work ‘em very hard. It’s the mid-level people that tell you the truth.… [T]hey’re working on the problem. And they understand the detail much better than a lotta the so-called policy makers and political officials.” Moyers responds, “But they don’t get on the Sunday talk shows” (such as Russert’s “Meet the Press”). Russert answers, “No. I mean, they don’t want to be, trust me. I mean, they can lose their jobs, and they know it. But they can provide information which can help in me challenging or trying to draw out sometimes their bosses and other public officials.” Moyers asks, “What do you make of the fact that of the 414 Iraq stories broadcast on NBC, ABC and CBS nightly news, from September 2002 until February 2003, almost all the stories could be traced back to sources from the White House, the Pentagon, and the State Department?” Russert’s answer is much less direct: “It’s important that you have an opposition party. That’s our system of government.” Moyers presses, “So, it’s not news unless there’s somebody…” and Russert interjects, “No, no, no. I didn’t say that. But it’s important to have an opposition party, your opposing views.” [PBS, 4/25/2007]
James Reston Jr. [Source: James Reston, Jr]James Reston Jr., a member of David Frost’s research team for the famous Nixon-Frost interviews (see Early 1976), publishes his book, The Conviction of Richard Nixon, about those debates and their echoes in the actions of the Bush administration. Reston writes that “it might be argued that the post-September 11 domestic abuses find their origin in Watergate. In 1977 the commentators were shocked when Nixon said about his burglaries and wiretaps, ‘If the president does it, that means it’s not illegal’ (see April 6, 1977).… These brazen words… come eerily down to us through the tunnel of the last thirty years.”
Presidential Immunity - Reston writes: “In the area of criminal activity, Nixon argues, the president is immune. He can eavesdrop; he can cover up; he can approve burglaries; he can bend government agencies like the CIA and the FBI to his own political purposes. He can do so in the name of ‘national security’ and ‘executive privilege.’ And when these acts are exposed, he can call them ‘mistakes’ or ‘stupid things’ or ‘pipsqueak’ matters. In the 21st century, Nixon’s principle has been extended to authorizing torture, setting up secret prisons around the world, and ignoring the requirement for search warrants. A president can scrap the Geneva Convention and misuse the Defense Department and lie about the intelligence analyses. He is above the law. This is especially so when the nation is mired in an unpopular war, when the country is divided, when mass protests are in the streets of America, and an American president is pilloried around the world. If Nixon’s words resonate today, so also does the word Watergate.”
Echoes of Nixon and Watergate - Reston continues: “Again the nation is in a failing, elective war. A Nixon successor is again charged with abuse of power in covering up and distorting crucial facts as he dragged the country, under false pretenses, into war. Again secrecy reigns in the White House, and the argument is made that national security trumps all.… In 2007 the issue has returned with a vengeance. And one can become almost wistful in realizing that the period after Watergate brought an era of reform. A campaign finance law was passed; Congress reasserted its control over intelligence activities; and moral codes were enunciated for public officials. National security, the New York Times editorialized after the interviews, was no longer ‘the magic incantation’ that automatically paralyzed inquiry. After September 11, the incantation became magic again. And so, people have asked, after the Bush presidency, who will be his David Frost? It is hard to imagine that there will be one.” [Reston, 2007, pp. 9-10, 180]
A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]
Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright
Timeline Tags: Torture of US Captives, Civil Liberties
Pakistani journalist and regional expert Ahmed Rashid writes an editorial in the Washington Post entitled, “America’s Bad Deal With Musharraf, Going Down in Flames.”
Cheney in Control - Rashid reveals, “Current and past US officials tell me that Pakistan policy is essentially being run from [Dick] Cheney’s office. The vice president, they say, is close to [Pakistani President Pervez] Musharraf and refuses to brook any US criticism of him. This all fits; in recent months, I’m told, Pakistani opposition politicians visiting Washington have been ushered in to meet Cheney’s aides, rather than taken to the State Department.” The State Department seems acquiescent to this policy, and is refusing to even consider alternative policies if Musharraf were threatened with being ousted. But the CIA and Defense Department are more resistant, and worry about the lack of an alternative to fully supporting Musharraf. Officials in these agencies, “many of whom have served in Islamabad or Kabul, understand the double game that Musharraf has played—helping the United States go after al-Qaeda while letting his intelligence services help the Taliban claw their way back in Afghanistan.”
Lack of Expertise - Due to recent turnover, there has been a “dramatic drop-off in US expertise on Pakistan. Retired American officials say that, for the first time in US history, nobody with serious Pakistan experience is working in the South Asia bureau of the State Department, on State’s policy planning staff, on the National Security Council staff or even in Vice President Cheney’s office.” One former senior US diplomat says, “They know nothing of Pakistan.”
US Policy Making Matters Worse - Rashid concludes that instead of confronting the Islamist militant threat, the Pakistani army “has focused on keeping Musharraf in power—negotiating with extremists, letting radical Islamic students set up a base in Islamabad, and so forth. Meanwhile, to spook the West into continuing to support him, Musharraf continues to grossly exaggerate the strength of the Islamic parties that he warns might take over his nuclear-armed country. In fact, the United States would be far safer if it pushed for a truly representative Pakistani government that could marginalize the jihadists, rather than placing all its eggs in Musharraf’s basket.” He speculates that the US’s blind support of Musharraf allows Musharraf to continue to resist democratization and sharing power, exacerbating the crisis. “The message to the Pakistani public is clear: To the Bush White House, the war on terrorism tops everything, and that includes democracy.” [Washington Post, 6/27/2007]
James Marks. [Source: Military Information Technology]CNN fires one of its “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond), retired Army general James “Spider” Marks, for using his position to help secure government contracts for his business. In 2004, Marks was hired as an analyst by CNN; about the same time, he took a senior management position at McNeil Technologies, where his job is to land military and intelligence contracts. As per CNN’s requirements, Marks disclosed that he received income from McNeil. But he was not required to describe what his job entailed, and CNN did not check any further. “We did not ask Mr. Marks the follow-up questions we should have,” CNN will admit in a written statement. For himself, Marks will say that it was no secret at CNN that his job at McNeil is about landing government contracts. “I mean, that’s what McNeil does,” he will say. But CNN will deny being aware of McNeil’s military business or what Marks does for the company. Marks was bidding on Pentagon contracts at the same time he was analyzing and commenting on the Pentagon’s military strategies for CNN, a clear conflict of interest. CNN will say that Marks should have been disqualified from working for the network as an analyst. During the summer and fall of 2006, for example, Marks regularly commented on the conditions in Iraq—lavishing glowing praise on the US military and the White House—while working to secure a $4.6 billion Pentagon contract for McNeil. In December 2006, Marks became president of a McNeil spin-off that won the huge contract. Marks will claim that he kept his analysis separate from his contracting work—“I’ve got zero challenge separating myself from a business interest”—but when CNN learns about his role in landing the contract, the network fires him. CNN will say, “We saw the extent of his dealings and determined at that time we should end our relationship with him.” [New York Times, 4/20/2008]
Private contractors in Iraq. [Source: NBC]The New York Times reports that private contract employees who have worked in Iraq often return home with the same kinds of combat-related mental health problems that affect US troops and military personnel, but these private workers are largely left on their own to find care. Their disorders and traumas often go untreated. Unlike US soldiers, private employees are at the mercy of their corporate health care systems, or in some cases, are left to fend entirely for themselves. There is no widespread screening for returning contract workers, and many who suffer from post-traumatic stress disorder (PTSD) and other disorders go unidentified. And many others receive poor-quality treatment because of limited civilian expertise in combat-related disorders. "I think the numbers are in the thousands, maybe tens of thousands," says psychologist Paul Brand. "Many are going undiagnosed. These guys are fighting demons, and they don’t know how to cope." The federal government, which has paid billions of dollars to corporations for services in Iraq since the war began, has so far failed to address the issue of mental health problems among private workers, according to Pentagon and Department of Veterans Affairs (VA) officials. "To my knowledge, it has not been looked at systematically," says VA official Dr. Matthew J. Friedman. [New York Times, 7/5/2007]
Eric Edelman. [Source: BBC]Seven weeks after Senator Hillary Clinton (D-NY) sent a letter to Defense Secretary Robert Gates calling for Congressional briefings on Pentagon plans to withdraw troops from Iraq or explanations as to why those plans do not exist (see May 23, 2007), Undersecretary of Defense Eric Edelman responds to Clinton in a letter of his own. After giving a brief overview of the current military and political situation in Iraq, Edelman says: “Premature and public discussion of the withdrawal of US forces from Iraq reinforces enemy propaganda that the United States will abandon its allies in Iraq, much as we are perceived to have done in Vietnam, Lebanon and Somalia.…[S]uch talk understandably unnerves the very same Iraqi allies we are asking to assume enormous personal risks.” [US Department of Defense, 7/16/2007 ] Some observers are surprised by Edelman’s language as Clinton is not only a senator, but a member of the Armed Services Committee. The New York Times’s Kate Phillips terms the letter “a stunning rocket.” [New York Times, 7/19/2007] The letter also directly contradicts Gates, who said earlier that the Senate debate on withdrawing from Iraq was “helpful in bringing pressure” on the Iraqi government to work towards peace and unity (see March 30, 2007).
'Impugning the Patriotism of Any of Us Who Raise Questions' - Clinton fires back four days later, accusing Edelman of dodging her questions. Instead, she says, Edelman “made spurious arguments to avoid addressing contingency planning.… Undersecretary Edelman has his priorities backward.” [USA Today, 7/20/2007] Edelman, Clinton says, is “impugning the patriotism of any of us who raise serious questions.” [Army Times, 8/6/2007] Clinton spokesman Philippe Reines says, “We sent a serious letter to the secretary of defense, and unacceptably got a political response back.” Clinton again asks for a briefing on end-of-war planning, classified if necessary. Edelman does imply that the Pentagon is formulating such plans in his letter, but says that the Pentagon will not divulge any such planned operations. [USA Today, 7/20/2007]
Democrats Defend Clinton - Fellow Democratic senator John Kerry joins in criticizing Edelman’s response. “This administration reminds us every day that they will say anything, do anything, and twist any truth to avoid accountability,” Kerry says in a statement. [US Senate, 7/19/2007] Clinton’s husband, former president Bill Clinton, calls Edelman “one of the more ideological holdovers” in the Defense Department from President Bush’s first term in office. Edelman, who replaced Douglas Feith in the Pentagon, is a former national security adviser to Vice President Dick Cheney. [Think Progress, 7/22/2007]
Conservatives Weigh In - On the other side, conservative blogger and Fox News pundit Michelle Malkin asks rhetorically, “Wasn’t this a case of Hillary putting on her little imaginary four stars on her sleeve and playing armchair general?” [Media Matters, 7/23/2007] But an Army Times writer, Air Force veteran Robert Dorr, calls Edelman’s letter “disrespectful” and writes: “No matter what you think of the war or of Clinton, Edelman’s response was unusually harsh. Senators hold their jobs because people voted for them. Appointees such as Edelman, who weren’t elected by anyone (and in the case of Edelman, received a recess appointment and wasn’t confirmed by the Senate), should be responsive to lawmakers’ concerns.” [Army Times, 8/6/2007]
Entity Tags: Eric Edelman, Hillary Clinton, John Kerry, Douglas Feith, William Jefferson (“Bill”) Clinton, Kate Phillips, Robert M. Gates, Philippe Reines, US Department of Defense, Richard (“Dick”) Cheney, Michelle Malkin, Robert Dorr
Timeline Tags: Iraq under US Occupation, Domestic Propaganda
President Bush tells a gathering of US soldiers and their families, “It is time to rise above partisanship, stand behind our troops in the field, and give them everything they need to succeed. In February I submitted to Congress a Defense Department spending bill for the upcoming fiscal year that will provide funds to upgrade our equipment for our troops in Iraq and provides a pay raise for our military—a comprehensive spending request—that Congress has failed to act on.” [Speaker of the House, 7/20/2007] But on May 16, 2007, Bush came out strongly against an addition to his proposed pay raise (see May 16, 2007), opposing a proposed 0.5% pay raise in addition to the 3% raise he proposed for the February 2008 budget as “unnecessary.” [Army Times, 5/17/2007]
Vice President Dick Cheney reignites the controversy over a request by Senator Hillary Clinton (D-NY) that the Pentagon begin planning for withdrawal from Iraq (see May 23, 2007). On July 16, Undersecretary of Defense Eric Edelman sent Clinton a response that accused her of reinforcing “enemy propaganda that the United States will abandon its allies” (see July 16-20, 2007). Edelman contradicted the stance of his boss, Defense Secretary Robert Gates, who recently said that Congressional debates on withdrawal were useful and positive (see March 30, 2007). But on July 31, Cheney tells CNN talk show host Larry King that Edelman, his former foreign policy adviser, had written Clinton a “good letter.” Cheney implies that Clinton had asked for operational plans from the Pentagon, a suggestion that Clinton dismisses in a letter to Cheney. “Your comments, agreeing with Under Secretary Edelman, not Secretary Gates, have left me wondering about the true position of the administration,” Clinton writes, adding she will write to President George Bush to ask he “set the record straight” about the administration’s position regarding Congressional oversight of the war. It is unclear whether Bush ever replies to Clinton’s letter. [Washington Post, 8/1/2007]
The Pentagon has drawn up plans for massive air strikes against 1,200 targets in Iran, with the goal of annihilating Iran’s military capabilities in three days, according to Alexis Debat, the director of terrorism and national security at the conservative Nixon Center. Unfortunately, Debat’s credentials as a reporter and a reliable source of information have been seriously discredited (see September 12, 2007), so it is hard to tell how much credence to give Debat’s warnings. Debat, an ardent neoconservative, says the US military has concluded, “Whether you go for pinprick strikes or all-out military action, the reaction from the Iranians will be the same.” Therefore, he says, such massive air strikes make up “very legitimate strategic calculus.” Debat’s statements come on the heels of George W. Bush’s assertion that Iran is forcing the Middle East to live “under the shadow of a nuclear holocaust.” Bush said that the US and its allies will confront Iran “before it is too late.” (The International Atomic Energy Agency (IAEA) says that Iran is cooperating with the agency over its nuclear program.) A Washington source says the “temperature [is] rising” inside the administration. Bush is “sending a message to a number of audiences,” he says—to the Iranians and to members of the UN Security Council who are trying to weaken a proposed third resolution on sanctions against Iran for flouting a UN ban on uranium enrichment. If Bush’s present commitment to diplomacy with Iran flags, his administration believes it would be prudent to use rapid, devastating force against Iran. [London Times, 9/2/2007] Three weeks later, the British media reports on “Project Checkmate,” an Air Force strategic planning group that is developing plans for a crushing air strike against Iran’s military capabilities (see June 2007).
Randy Papadopoulos, Nancy Berlage, and Diane Putney, three of the authors of Pentagon 9/11. [Source: Samantha L. Quigley / US Department of Defense]Defense Department historians release a book chronicling the September 11 attack on the Pentagon. The 250-page book includes the accounts of survivors, rescuers, and emergency responders, and includes previously unpublished photos of the wreckage, aircraft parts, and rescue efforts. [Fayetteville Observer, 9/13/2007; Washington Post, 9/27/2007] Titled Pentagon 9/11, it is published by the Historical Office of the Office of the Secretary of Defense, in collaboration with the Naval Historical Center, and with the assistance of the Army, Air Force, and Marine Corps historical offices. [US Department of Defense, 9/10/2007] More than 1,300 interviews were collected for it (see October 2001-September 11, 2002), of which the authors used more than 300 in putting together their account. [Washington Post, 9/27/2007] Randy Papadopoulos, a historian with the Naval Historical Center who co-authored Pentagon 9/11, calls it “the first scholarly study of what happened at the Pentagon on 11 September 2001.” [American Forces Press Service, 9/7/2007] Reportedly, one reason for writing the book was to counter skepticism and alternative theories that suggest the US government was behind the attack, and a missile rather than a hijacked aircraft hit the Pentagon (see Early March 2002). [Washington Post, 9/27/2007] Diane Putney, one of the book’s authors says, “I have no doubt it was American Airlines Flight 77 [that hit the building].” Her conclusion is reportedly based on a piece of the plane that was discovered, which bore the American Airlines logo. [American Forces Press Service, 9/7/2007]
Laurie Mylroie, a neoconservative author whose theories that Saddam Hussein was responsible for the 1993 World Trade Center bombing (see October 2000) and the 9/11 attacks (see September 12, 2001 and July 2003) have been repeatedly discredited (see February 2003, July 9, 2003, and December 2003), produces a report on Iraq for the Pentagon. Reporter Justin Elliott, learning about Mylroie’s position with the Defense Department in 2009, cites Mylroie as an example of “neoconservatives… falling upward,” or “repeatedly getting important things wrong and… being handed new opportunities to pursue their work.” Mylroie’s report, “Saddam’s Foreign Intelligence Service,” follows her February 2007 study entitled “Saddam’s Strategic Concepts: Dealing With UNSCOM.” Both were produced for the Pentagon’s Office of Net Assessment [ONA], which the Washington Post has described as an “obscure but highly influential” bureau within the department. In 2009, Jacob Heilbrunn, who has written a book about neoconservatives, will say: “It’s kind of astonishing that the ONA would come even within a mile of her. I think she is completely discredited.” The New America Foundation’s Steve Clemons will add: “I’m shocked. If this came out in 2007, she was presumably working on it in 2006, and, by that time, the fate and fortunes of a lot of these people was already switching.” Heilbrunn will explain why Mylroie’s opinions are so sought after within the Pentagon, even though she has been roundly discredited: “She was one of the original fermenters of the idea that Saddam Hussein had these intimate ties with al-Qaeda.” A Defense Department spokesperson will explain Mylroie’s selection as an ONA researcher by saying, “All aspects of researchers and research institutions are considered, with an emphasis on obtaining the widest range of possible intellectual approaches in order to provide a fully balanced approach to the analysis of future developments.” As for her work with ONA, the Defense Department says, “These reports were part of a multi-scope research effort to identify the widest possible range of analysts whose expertise was likely to generate insights and concepts which would contribute to Net Assessments’ ongoing work to develop and refine trends, risks, and opportunities which will shape future (2020) national security environments.” [TPM Muckraker, 1/29/2009]
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]
Qwest logo. [Source: Qwest]Former Qwest CEO Joe Nacchio, who refused to accede to Bush administration demands that he participate in the warrantless wiretapping of US citizens (see February 2001 and Beyond), says in court documents released today that the NSA retaliated against Qwest by withdrawing a large government contract from the firm. Nacchio was convicted on 19 counts of insider trading, and was unable to mount the defense he wanted because the information he tried to present to the court was classified. He is appealing the verdict. The documents released today make up part of that defense. The documents indicate that the NSA was discussing a secret and possibly illegal surveillance operation against Americans as far back as February 2001—months before the 9/11 attacks, which Bush officials have used to justify wiretapping Americans without court warrants. Although the legal filings are heavily redacted for public consumption, they reveal, among other things, a February 27, 2001 meeting between Nacchio and NSA officials to discuss an infrastructure project and another, classified topic that may be regarding the NSA’s illegal wiretapping of US citizens (see February 27, 2001). After the discussion, in which Nacchio refuses to participate in the operation, the NSA withdrew its “Groundbreaker” contract from consideration for Qwest. Nacchio and an associate “went into that meeting expecting to talk about the ‘Groundbreaker’ project and came out of the meeting with optimism about the prospect for 2001 revenues from NSA,” Stern writes, “[T]he Court has prohibited Mr. Nacchio from eliciting testimony regarding what also occurred at that meeting, [redacted].… The Court has also refused to allow Mr. Nacchio to demonstrate that the agency retaliated for this refusal by denying the Groundbreaker and perhaps other work to Qwest.” Nacchio was convicted for not warning investors that Qwest’s stock would drop before he sold off his own stock; Nacchio contends that he believed the secret NSA contracts would come through and bolster his former firm’s stock price. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007]
Qwest's No-Bid Contracts - On May 25, 2007, Judge Edward Nottingham wrote that, according to Nacchio, “Qwest entered into two classified contracts valued at hundreds of millions of dollars, without a competitive bidding process and that in 2000 and 2001, he participated in discussion with high-ranking [redacted] representatives concerning the possibility of awarding additional contracts of a similar nature.… Those discussions led him to believe that [redacted] would award Qwest contracts valued at amounts that would more than offset the negative warnings he was receiving about Qwest’s financial prospects.” [Washington Post, 10/13/2007]
'Quid Pro Quo' - The Electronic Frontier Foundation’s Hugh D’Andrade writes, “It appears that the NSA’s requests for cooperation came with an implied quid pro quo—give us your customer’s calling records and we will reward you with generous contracts worth millions. It is beginning to look like the telecoms were motivated by something other than ‘patriotism’ after all.” [Electronic Frontier Foundation, 10/17/2007]
'Never-Ending Carousel' - And Salon’s Glenn Greenwald, himself a former Constitutional law and civil rights litigator, writes, “The cooperation between the various military/intelligence branches of the federal government—particularly the Pentagon and the NSA—and the private telecommunications corporations is extraordinary and endless. They really are, in every respect, virtually indistinguishable. The federal government has its hands dug deeply into the entire ostensibly ‘private’ telecommunications infrastructure and, in return, the nation’s telecoms are recipients of enormous amounts of revenues by virtue of turning themselves into branches of the federal government. There simply is no separation between these corporations and the military and intelligence agencies of the federal government. They meet and plan and agree so frequently, and at such high levels, that they practically form a consortium.” Greenwald calls it “a never-ending carousel of multi-billion dollar transactions—pursuant to which enormous sums of taxpayer money are transferred to these telecoms in exchange for the telecoms serving as obedient divisions of the government, giving them unfettered access to all of the data and content of the communications of American citizens.” [Salon, 10/15/2007]
Entity Tags: National Security Agency, Qwest, Joe Nacchio, US Department of Defense, Hugh D’Andrade, Herbert Stern, Glenn Greenwald, Bush administration (43), American Civil Liberties Union, Electronic Frontier Foundation, Edward Nottingham, AT&T
Timeline Tags: Civil Liberties
Part of the White House’s $196 billion emergency funding request for the wars in Iraq and Afghanistan is $88 million for modifying B-2 stealth bombers to carry “Massive Ordnance Penetrator,” or bunker-busting, bombs. Many both in and out of government believe that the order has nothing to do with Iraq or Afghanistan, but is part of the Bush administration’s plans for attacking Iran. The 30,000-pound bombs, called MOPs, are the largest conventional bombs in the military’s arsenal, designed to penetrate up to 200 feet underground before exploding. The only explanation given in the White House’s budget request is that it comes in response to “an urgent operational need from theater commanders.” But no one at the Pentagon or the US Central Command has, so far, been able or willing to identify that need. Military experts say that there is no need for MOPs in Iraq. They could potentially be useful in Afghanistan to destroy Taliban or al-Qaeda hideouts in the mountainous, cave-riddled border area of Afghanistan and Pakistan, but there is no need to use stealth bombers to deploy such weapons. But MOPs are ideal for a strike at Iraq’s heavily fortified, deeply buried nuclear facility in Natanz. John Pike of Globalsecurity.org says, “You’d use it on Natanz. And you’d use it on a stealth bomber because you want it to be a surprise. And you put in an emergency funding request because you want to bomb quickly.” Pike says he does not fully understand the rationale behind the public funding request. “It’s kind of strange,” he says. “It sends a signal that you are preparing to bomb Iran, and if you were actually going to bomb Iran I wouldn’t think you would want to announce it like that.” [ABC News, 10/24/2007] The request for the bomber modifications comes simultaneously with one of Vice President Dick Cheney’s most belligerent challenges towards Iran (see October 21, 2007).
The former lead prosecutor for terrorism tribunals at Guantanamo, Colonel Morris Davis, tells reporters that senior officials at the Pentagon pushed for convictions of high-profile detainees before the November 2008 presidential elections, placing politics ahead of duty. Davis says that the pressure from the Pentagon played a part in his decision to resign (see October 4, 2007). Davis says senior Defense Department officials discussed the “strategic political value” of putting some prominent detainees on trial in a September 2006 meeting (see September 29, 2006). Davis also says he objected to newly appointed senior officials’ insistence on using classified evidence in closed sessions of court, and to the military commissions being put under Pentagon general counsel William J. Haynes (see October 4, 2007).
'Less than Full, Fair and Open' - Davis had serious concerns about the use of classified evidence, due to worries it could be seen to be tainting trials. Davis says that since Brigadier General Thomas Hartmann’s arrival as legal adviser to the convening authority in the summer of 2007, Hartmann has attempted to speed up trials that will engage media attention and show the public that the process works (see July 2007). “He said, the way we were going to validate the system was by getting convictions and good sentences,” Davis says. “I felt I was being pressured to do something less than full, fair and open.” [Washington Post, 10/20/2007] Pentagon regulations require the legal adviser to be an impartial administration and not an arm of the prosecution.
'Political Commission' - Law professor Marc Falkoff, who represents some of the Guantanamo detainees, will observe that the interference Davis cites “is a patent violation of Rule 104 of the Manual for Military Commissions and Section 949b of the Military Commissions Act, both of which make it unlawful to ‘attempt to coerce or, by any unauthorized means, influence… the exercise of professional judgment by trial counsel or defense counsel.’” Falkoff notes that in the Supreme Court’s Hamdan verdict (see June 30, 2006), Justice Anthony Kennedy specifically disapproved of the first military commissions because they lacked “the safeguards that are important to the fairness of the proceedings and the independence of the court.” Davis says, “[A]s things stand right now, I think it’s a disgrace to call it a military commission—it’s a political commission.” [Jurist, 11/2/2007]
Administration of Torture book cover. [Source: Public domain]American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. [American Civil Liberties Union, 10/22/2007] “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. [Raw Story, 10/22/2007] The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
The book presents a number of damning claims, all backed by extensive documentation, including the following: [American Civil Liberties Union, 10/22/2007]
General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees [BBC, 10/16/2002] , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
The Defense Department held prisoners as young as 12 years old.
The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. [American Civil Liberties Union, 10/22/2007]
Entity Tags: US Department of Defense, Rick Baccus, Mohamed al-Khatani, Michael E. Dunlavey, Geoffrey D. Miller, George W. Bush, American Civil Liberties Union, Jameel Jaffer, Amrit Singh, Donald Rumsfeld, Bush administration (43), Federal Bureau of Investigation
Timeline Tags: Torture of US Captives, Civil Liberties
US officials hail a marked drop in casualties in Iraq in recent weeks. One major reason for the drop seems to be the recent decision by Moqtada al-Sadr’s Mahdi Army to observe a six-month ceasefire (see August 30, 2007), but Pentagon and White House officials instead credit it to the recent “surge” of US troops into the country (see January 10, 2007), and do not mention the ceasefire at all.
Number of Explosively Formed Projectiles Decreasing - The number of deadly explosively formed projectiles (EFPs) coming into the country seems to be dropping as well, with 99 being detonated or found in July 2007 and 53 in October, according to Lieutenant General Raymond Odierno, the commander of day-to-day military operations in Iraq. Al-Sadr’s Mahdi Army has been alleged to be a major recipient and user of EFPs. Defense Secretary Robert Gates will not yet declare “victory” in Iraq, saying that use of terms like “victory” or “winning” are “loaded words.” However, Gates says: “We have been very successful. We need to continue being successful.” Iran has promised to help curtail the flow of EFPs into Iraq; some believe that Iran is the source of most EFPs used in Iraq, and some US officials do not yet believe the Iranians. Odierno says: “In terms of Iran… it’s unclear yet to me whether they have slowed down bringing in weapons and supporting the insurgency or not. I’ll still wait and see.” [Washington Post, 11/2/2007]
Bush, Others Claim Surge a Success - President George Bush says the strategy is successful; at Fort Jackson, SC, he says, “Slowly but surely, the people of Iraq are reclaiming a normal society.” White House national security spokesman Gordon Johndroe adds, “The purpose of the strategy is to make the lull a trend,” and says the trend suggests “steady forward movement on the security front.” [Los Angeles Times, 11/3/2007] Presidential candidate and senator John McCain (R-AZ), an advocate of increasing the US presence in Iraq, says that the US is experiencing “astonishing success” in Iraq because of the surge: “Things are dramatically better, particularly since Gen. Petraeus went before the Congress of the United States and Americans had a chance to see what a great and dynamic leader he is.” [USA Today, 11/1/2007] The London Times agrees, writing, “[O]n every relevant measure, the shape of the Petraeus curve is profoundly encouraging.” The Times goes even further, avowing: “As the pace of reconstruction quickens, the prospects for economic recovery will be enhanced yet further. With oil at record high prices, Iraq should be an extremely prosperous nation and in a position to start planning for its future with confidence.” The editors dismiss the opposition to the war by British and American politicians alike as “outdated.” [London Times, 11/3/2007]
Marc Falkoff. [Source: Northern Illinois University]Law professor Marc Falkoff, who represents some of the Guantanamo terror suspects, says that the resignation of Colonel Morris Davis as the lead prosecutor in the Guantanamo military commissions trials (see October 4, 2007) is important not just because only 80 of the 350 detainees are slated to be tried, leaving the other 270 in what Falkoff calls a “legal limbo, subject to indefinite detention without charge or trial or any court oversight for the duration of the war on terror,” but because of Davis’s revelations that the commissions have been tainted by political considerations. Davis’s resignation “may finally signal to the American public that politics rather than principle reigns at Guantanamo, and that decisions about the administration of justice at the camp are being made—largely outside of public view and without accountability—by political actors for nakedly political reasons.” As an example, Falkoff notes that every European in custody has been returned to their home countries, but 90% of the Yemenis in detention remain in custody even though many have been cleared for release by the US military. Falkoff says that he and his colleagues have for over three years visited their clients in Guantanamo to bring them what he calls “good news” about the court victories they have won. Falkoff writes, “To a man, upon hearing our news, our clients have smiled politely and shrugged, pointing out to us that they still have not had their day in court and that they still are not treated in accord with the Geneva Conventions. ‘You have to understand,’ they tell us, ‘this is all a big game.’ More and more, I am starting to think they are right.” [Jurist, 11/2/2007]
In late 2007, top Bush administration officials draft a secret plan making it easier for US special forces to conduct missions to capture or kill al-Qaeda leaders inside Pakistan’s mountainous tribal region. A highly classified Defense Department order outlines the plan, which is designed to eliminate the sharp policy disagreements and turf battles that have bogged down US policy regarding al-Qaeda’s safe haven in Pakistan. But in late June 2008, the New York Times will report that “more than six months later, the Special Operations forces are still waiting for the green light. The plan has been held up in Washington by the very disagreements it was meant to eliminate. A senior Defense Department official said there was ‘mounting frustration’ in the Pentagon at the continued delay.” [New York Times, 6/30/2008]
While many inside and outside the Bush administration consider the recent National Intelligence Estimate (NIE) on Iran, which concluded that Iran halted its push towards building nuclear weapons in 2003 (see December 3, 2007), a disappointment, a small but influential group inside the Defense Department consider it a victory for their viewpoint. The NIE almost guarantees that Bush will not order any sort of military strike against Iran, a result sought by, among others, Defense Secretary Robert Gates, Joint Chiefs chairman Admiral Michael Mullen, and Admiral William Fallon, the supreme commander of US forces in the Middle East. All three have, in recent months, privately and publicly opposed the idea of going to war with Iran; indeed, the Pentagon’s intelligence units were instrumental in forming the NIE’s conclusions. Time reporter Mark Thompson writes, “Some critics have suggested that the military simply found a public way to quiet the drumbeat for war coming from Vice President Dick Cheney and his shrinking band of allies in the administration.” Additionally, some Pentagon officials believe that this NIE shows the US intelligence community is not as tied to ideological and political concerns as was evidenced by the 2002 NIE on Iraq (see October 1, 2002). For his part, Gates warns that the US and the international community must continue pressuring Iran to keep its nuclear-weapons program dormant, and “[a]s long as they continue with their enrichment activities, then the opportunity to resume that nuclear weapons program is always present.” But Gates adds that the NIE demonstrates that non-military actions are the best way to keep Iran’s nuclear program in check: “If anything, the new national estimate validates the administration’s strategy of bringing diplomatic and economic pressures to bear on the Iranian government to change its policies.” [Time, 12/5/2007]
Over $1 billion in weapons and material given by the US military to Iraqi security forces cannot be found or accounted for, according to a new report issued by the Defense Department’s Inspector General. Tractor trailers, tank recovery vehicles, crates of machine guns, and rocket-propelled grenades make up just some of the “lost” weapons and munitions. CBS News characterizes the report as detailing “a massive failure in government procurement revealing little accountability for the billions of dollars spent purchasing military hardware for the Iraqi security forces.” The report gives numerous specifics, including the fact that of 13,508 weapons—pistols, assault rifles, rocket-propelled grenades, machine guns, and more—12,712, or almost 90%, cannot be found or accounted for. One Defense Department official, Claude Bolton, the assistant secretary for acquisition, logistics, and technology, has already submitted his resignation, and Congress is expected to investigate. [CBS News, 12/6/2007] The US intelligence community has previously concluded that thousands of weapons given by the US to Iraqi security forces wound up in the hands of insurgents. One instance cited by an intelligence source describes a US military contractor somehow losing track of an entire shipment of Glock pistols. The Defense Department is conducting a massive bribery investigation centered around a military base in Kuwait, involving dozens of high-level US officers and private military contractors. House Armed Service Committee members lambasted what they called the “culture of corruption” surrounding billions in Iraq war contracts. Duncan Hunter (R-CA), the committee’s ranking minority member and a presidential candidate, says, “The number of folks who have enormous responsibility to this country are involved has, I think, made this a real tragedy for our country.” [CBS News, 9/20/2007]
Colonel Morris Davis, the former head of the Office of Military Commissions at Guantanamo Bay, writes in an op-ed for the Los Angeles Times that he resigned (see October 4, 2007) because he “concluded that full, fair and open trials were not possible under the current system.” He adds that, “I felt that the system had become deeply politicized and that I could no longer do my job effectively or responsibly.” Davis writes that while the legitimacy of the military commissions rests on the belief that they are being conducted fairly and honestly, the political appointee who is now the “convening authority,” Susan Crawford, is “not living up to that obligation.” The convening authority has “no counterpart in civilian courts,” Davis explains, and has great powers over certain aspects of prosecutions, such as which charges go to trial, which are dismissed, who serves on the jury, and whether to approve requests for experts, and reassesses findings of guilt and sentences. The position is mandated by law to be absolutely impartial, favoring neither prosecutions or defendants. While Crawford’s predecessor conducted himself with the required impartiality: “Crawford, on the other hand, had her staff assessing evidence before the filing of charges, directing the prosecution’s pretrial preparation of cases… drafting charges against those who were accused and assigning prosecutors to cases, among other things. How can you direct someone to do something—use specific evidence to bring specific charges against a specific person at a specific time, for instance—and later make an impartial assessment of whether they behaved properly? Intermingling convening authority and prosecutor roles perpetuates the perception of a rigged process stacked against the accused.” [Los Angeles Times, 12/10/2007]
The Associated Press reports that 2007 is the deadliest year yet for US troops in Iraq, though the death toll has dropped significantly in the last few months. The US military’s official count of US war dead for 2007 in Iraq is 899. (The previous high was 850 in 2004. The current death toll since the March 2003 invasion is 3,902.) The unofficial count for Iraqi civilian deaths in 2007 is 18,610. [Associated Press, 12/30/2007] CNN reports that there was a spike in US deaths in the spring as the “surge” was getting underway. There were 104 deaths in April, 126 in May, and 101 in June: the deadliest three-month stretch in the war for US troops. [CNN, 12/31/2007] The reasons for the downturn in US deaths are said to include the self-imposed cease-fire by the Shi’ite Mahdi Army, a grassroots Sunni revolt against extremists (see August 30, 2007), Iran’s apparent decision to slow down its provisions of aid for Shi’ite fighters, and the US “surge” (see February 2, 2007). General David Petraeus, the supreme commander of US military forces in Iraq, says: “We’re focusing our energy on building on what coalition and Iraqi troopers have accomplished in 2007. Success will not, however, be akin to flipping on a light switch. It will emerge slowly and fitfully, with reverses as well as advances, accumulating fewer bad days and gradually more good days.” Security consultant James Carafano of the conservative Heritage Foundation warns that the US is not out of the weeds yet. “The number of people who have the power to turns things around appears to be dwindling,” he says, referring to Iraqi extremists. “But there are still people in Iraq that could string together a week of really bad days.… People have to be really careful about over-promising that this [decline in violence] is an irreversible trend. I think it is a soft trend.” [Associated Press, 12/30/2007]
The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. [New York Times, 3/17/2010] The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).
Convicted terrorism conspirator Jose Padilla (see January 22, 2008) sues former Justice Department lawyer John Yoo. Padilla claims Yoo’s legal arguments led to his mistreatment and illegal detention at a US Navy brig. Padilla’s lawsuit says that Yoo’s memos led President Bush to designate Padilla as an “enemy combatant” (see June 10, 2002) and subject him to indefinite detention without being charged or having access to a lawyer. The lawsuit asks for only $1 in damages, and seeks a legal judgment declaring that the policies violated the US Constitution. “This is ultimately about right and wrong, not money,” says Padilla’s attorney Jonathan Freiman, a law professor at Yale University. Freiman says Yoo is being sued because “he gave the green light” to how to deal with Padilla. The lawsuit reiterates claims that Padilla was subjected to harsh interrogation techiques and mistreatment that amounted to torture, claims Justice Department and Pentagon officials deny. [Associated Press, 1/4/2008]
Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
Powell: 254, with 244 of those about Iraq’s WMD programs.
Rumsfeld and Fleischer: 109 each.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” [Center for Public Integrity, 1/23/2008; Center for Public Integrity, 1/23/2008] The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” [Washington Post, 1/23/2008]
Entity Tags: Donald Rumsfeld, Charles Lewis, Center for Public Integrity, Bush administration (43), Bill Buzenberg, Ari Fleischer, Al-Qaeda, Colin Powell, Dan Froomkin, Richard (“Dick”) Cheney, Saddam Hussein, Condoleezza Rice, Scott McClellan, Paul Wolfowitz, George W. Bush, US Department of Defense, Mark Reading-Smith
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing
Alasdair Roberts. [Source: Sunshine Week (.org)]Alasdair Roberts, a public administration professor and author of The Collapse of Fortress Bush, writes of what he views as the abject failure of the US government to plan and coordinate both the “war on terror” and the occupation and reconstruction of Iraq. Roberts writes that since the invasion of Iraq, the Bush administration has consistently failed to plan for, and to deal with, consequences and ramifications of their actions. [Roberts, 2008, pp. 106-133]
Military Response to 9/11 Questioned - Roberts contends that the Bush administration’s military response to the 9/11 attacks was not necessarily the best, and certainly not the only, possible response. In August 2006, a Washington Post op-ed observed that “[i]t was only natural that the military would take the lead in fighting terrorism after September 11.” Roberts writes that “this simple sentence [is] fraught with assumptions about the dynamics of post-millenial American government. Why is it ‘only natural’ that terrorism is a problem that should be handled only by the military? Other countries have dealt with decades-long terrorist threats and framed the problem in different ways,” with some approaching it as a law-enforcement problem, others from an intelligence perspective, and others by addressing internal security concerns. Few threaten to “take battle to the enemy,” as the Bush administration has done, for the obvious reason that they lack the ability to do so. Roberts posits that had al-Qaeda attacked Sydney in 2001, Australia would not have invaded Afghanistan. The Bush administration seized on a military response to the attacks almost immediately (see September 15, 2001), with the support of most Americans. “Impatience permeated its official statements,” Roberts writes of the administration. This is in part because, he writes, the military is the easiest, most powerful, and least legally constrained of al the tools at the president’s disposal. The US military’s “power, autonomy, and legitimacy heighten its attractiveness as a policy instrument.” [Roberts, 2008, pp. 106-107]
Lacking in Fundamental Rationality - Both the administration and the Pentagon executed the invasion of Iraq, and the overthrow of Saddam Hussein, quite well, he acknowledges, but once that was done, careful, logical planning and systematic execution gave way to ineffective bureaucratic thrashing. “An awareness of capabilities and risks is one of the signposts of rationality in decision-making,” he writes. It is also largely absent in the history of the Bush administration’s approach to the war on terrorism. “The administration followed the rituals of planning, Roberts notes: accounts of its behavior in Iraq are replete with strategy statements, operational plans, priority lists, and ‘megabriefs.‘… Unfortunately, much of this talk and paperwork was administrative flotsam. In reality, the Bush administration did not plan. It could articulate ambitious goals but could not marshal the administrative capacities of its agencies so that their work contributed directly to those goals. It could not induce agencies with overlapping responsibilities to collaborate. It could not anticipate curves in the road. The administration’s problem, Henry Kissinger is reported to have said, was that it ‘did not have a system of national security policy decision-making that ensured careful examination of the downside of major decisions.’”
'Worn Bromides' as Major Lessons - Roberts quotes a 2005 RAND Corporation study that found, “Unity of command and broad participation are both important to the success of stabilizing and reconstriction operations… An active NSC [National Security Council] interagency process [is] necessary to ensure that the State and Defense Departments are acting off the same sheet of paper and to bring forward debate of alternate views and subsequent decision-making on important issues. Policy differences need to be explained and adjucated, if necessary by the president, as the planning process goes forward… Some process for exposing senior officials to possibilities other than those being assumed in their planning also needs to be introduced.” Roberts writes, “It is a damning comment on the quality of governance within the Bush administration that worn bromides such as these could be presented as major lessons from the invasion.” [Roberts, 2008, pp. 132-133]
In House testimony, FBI Director Robert Mueller and Lieutenant General Michael Maples of the Defense Intelligence Agency say that they stand by their agencies’ decisions not to waterboard detainees. Two days before, CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testified that the CIA had used waterboarding and might do so again (see February 5, 2008). The Pentagon has banned its employees from using the tactic, and the FBI has stated, “its investigators do not use coercive tactics when interviewing terror suspects.” Rush Holt (D-NJ) asks Mueller and Maples why their agencies do not use coercive interrogation: “Do you never interrogate people who have critical information?” Mueller responds: “Our protocol is not to use coercive techniques. That is our protocol. We have lived by it. And it is sufficient and appropriate for our mission here in the United States.… We believe in the appropriateness of our techniques to our mission here in the United States.” Maples adds: “The Army Field Manual guides our efforts and the efforts of the armed forces.… We believe that the approaches that are in the Army Field Manual give us the tools that are necessary for the purpose under which we are conducting interrogations.” The field manual bans the use of coercion against detainees. [Think Progress, 2/7/2008] The same day, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).
Nick Davies, author of a new book, Flat Earth News, claims that since the 9/11 attacks, the US has engaged in a systematic attempt to manipulate world opinion on Iraq and Islamist terrorism by creating fake letters and other documents, and then releasing them with great fanfare to a credulous and complicit media.
Al-Zarqawi Letter - Davies cites as one example a 2004 letter purporting to be from al-Qaeda leader Abu Musab al-Zarqawi that became the basis of an alarming news report in the New York Times and was used by US generals to claim that al-Qaeda was preparing to launch a civil war in Iraq (see February 9, 2004). The letter is now acknowledged to have almost certainly been a fake, one of many doled out to the world’s news agencies by the US and its allies. Davies writes: “For the first time in human history, there is a concerted strategy to manipulate global perception. And the mass media are operating as its compliant assistants, failing both to resist it and to expose it.” Davies says the propaganda is being generated by US and allied intelligence agencies working without effective oversight. It functions within a structure of so-called “strategic communications,” originally designed by the US Defense Department and the North Atlantic Treaty Organization (NATO) to use what Davies calls “subtle and non-violent tactics to deal with Islamist terrorism,” but now being used for propaganda purposes. Davies notes that al-Zarqawi was never interested in working with the larger al-Qaeda network, but instead wanted to overthrow the Jordanian monarchy and replace it with an Islamist theocracy. After the 9/11 attacks, when US intelligence was scouring the region for information on al-Qaeda, Jordan supplied the US with al-Zarqawi’s name, both to please the Americans and to counter their enemy. Shortly thereafter, the US intelligence community began placing al-Zarqawi’s name in press releases and news reports. He became front-page material after being cited in Colin Powell’s UN presentation about Iraqi WMDs and that nation’s connections with al-Qaeda (see February 5, 2003). The propaganda effort had an unforeseen side effect, Davies says: it glamorized al-Zarqawi so much that Osama bin Laden eventually set aside his differences with him and made him the de facto leader of al-Qaeda in Iraq. Davies cites other examples of false propaganda besides the Zarqawi letter:
Tales of bin Laden living in a lavish network of underground bases in Afghanistan, “complete with offices, dormitories, arms depots, electricity and ventilation systems”;
Taliban leader Mullah Omar “suffering brain seizures and sitting in stationary cars turning the wheel and making a noise like an engine”;
Iran’s ayatollahs “encouraging sex with animals and girls of only nine.”
Davies acknowledges that some of the stories were not concocted by US intelligence. An Iranian opposition group produced the story that Iranian President Mahmoud Ahmadinejad was jailing people for texting each other jokes about him. Iraqi exiles filled the American media “with a dirty stream of disinformation about Saddam Hussein.” But much of it did come from the US. Davies cites the Pentagon’s designation of “information operations” as its fifth “core competency,” along with land, air, sea, and special forces. Much of the Pentagon’s “information operations,” Davies says, is a “psyops” (psychological operations) campaign generating propaganda: it has officials in “brigade, division and corps in the US military… producing output for local media.” The psyops campaign is linked to the State Department’s campaign of “public diplomacy,” which Davies says includes funding radio stations and news Web sites. Britain’s Directorate of Targeting and Information Operations in the Ministry of Defense “works with specialists from 15 UK psyops, based at the Defense Intelligence and Security School at Chicksands in Bedfordshire.”
Some Fellow Journalists Skeptical - The Press Association’s Jonathan Grun criticizes Davies’s book for relying on anonymous sources, “something we strive to avoid.” Chris Blackhurst of the Evening Standard agrees. The editor of the New Statesman, John Kampfner, says that he agrees with Davies to a large extent, but he “uses too broad a brush.” [Independent, 2/11/2008] Kamal Ahmad, editor of the Observer, is quite harsh in his criticism of Davies, accusing the author of engaging in “scurrilous journalism,” making “wild claims” and having “a prejudiced agenda.” (Davies singles out Ahmad for criticism in his book, accusing Ahmad of being a “conduit for government announcements” from Downing Street, particularly the so-called “dodgy dossier” (see February 3, 2003).) [Independent, 2/11/2008] But journalist Francis Wheen says, “Davies is spot on.” [Independent, 2/11/2008]
Entity Tags: Mahmoud Ahmadinejad, Francis Wheen, Directorate of Targeting and Information Operations (British Ministry of Defense), Colin Powell, Chris Blackhurst, Al-Qaeda in Iraq, John Kampfner, Abu Musab al-Zarqawi, Al-Qaeda, Kamal Ahmad, US Department of Defense, Osama bin Laden, US Department of State, Saddam Hussein, North Atlantic Treaty Organization, Mullah Omar, Nick Davies, Jonathan Grun
Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda
The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).
Entity Tags: Vincent Warren, US Department of Defense, Khallad bin Attash, Daniel Pearl, Clive Stafford Smith, John McCain, Mohamed al-Khatani, Khalid Shaikh Mohammed, Thomas Hartmann, Center for Constitutional Rights, Ramzi Yousef, Ramzi bin al-Shibh, Bush administration (43), Mustafa Ahmed al-Hawsawi, Ali Abdul Aziz Ali, Al-Qaeda
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
A new report finds that the Defense Department (DoD) is displaying a “precipitous decrease in attention” to securing and controlling US nuclear arms. The report, issued today by the Defense Science Board, is the product of a task force assigned to investigate the August 2007 incident where a B-52 bomber flew across the continental United States carrying six nuclear missiles (see August 30, 2007). The report says, “The decline in DoD focus has been more pronounced than realized and too extreme to be acceptable.” The chairman of the task force, retired Air Force General Larry Welch, testifies before the Senate Armed Services Committee in conjunction with the report, and tells the assembled lawmakers of his concern that “the nation and its leadership do not value the nuclear mission and the people who perform that mission.” Welch’s task force points out that Air Force colonels, Navy captains, and mid-level civilians are currently in charge of managing the Pentagon’s nuclear programs, whereas during the Cold War that task was handled by senior flag officers. The task force recommends the appointment of an assistant secretary of defense for nuclear enterprise reporting directly to the defense secretary, and the delegation of flag officers in each of the military services who would focus solely on the nation’s nuclear arsenal. Part of the problem, the report notes, is the “widespread perception in both the Navy and Air Force that a nuclear forces career is not the highly promising opportunity of the past era.” [Washington Post, 2/13/2008]
The Pentagon reviews a compendium of videotaped interrogations conducted at numerous US military detention facilities, including Guantanamo Bay and in Iraq. It identifies at least 50 tapes, including one showing the forcible gagging of a suspect. Defense Department officials say that only a few of the tens of thousands of interrogations conducted since 2001 were recorded. Most were “routinely destroyed” if they were found to have no continuing value, according to Pentagon spokesman Don Black. Among the 50 or so tapes already identified are interrogations of two high-level “enemy combatants,” Ali Saleh Kahlah al-Marri and Jose Padilla. Both were interrogated at the Naval brig in Charleston, South Carolina. A tape of an interrogation of al-Marri shows the terrorist suspect being gagged and manhandled by FBI agents (see March 13, 2008), but not waterboarded or otherwise tortured. Black says that the director of the Defense Intelligence Agency, Lieutenant General Michael Maples, has reviewed the tape and is satisfied that al-Marri was treated in an acceptable fashion. As for other possible tapes, Admiral Mark H. Buzby, the military commander at Guantanamo, says, “We suspect that the recording devices contain recorded data but we are unable technologically to confirm whether data remains.” [New York Times, 3/13/2008]
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
David Petraeus. [Source: Princeton ROTC]General David Petraeus, the newly named commander of CENTCOM and the supreme commander of US forces in the Middle East, takes time out from testifying to Congress to speak in a conference call to a group of the Pentagon’s carefully groomed “military analysts,” whom it uses regularly to promote the occupation of Iraq and sell the administration’s Middle East policies (see April 20, 2008 and Early 2002 and Beyond). John Garrett, a retired Marine colonel and Fox News analyst, tells Petraeus to “keep up the great work.” In an interview, Garrett reaffirms his intention to continue selling the occupation of Iraq: “Hey, anything we can do to help.” [New York Times, 4/20/2008]
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 ; 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]
The American Civil Liberties Union (ACLU), fresh from obtaining the release of a 2003 Justice Department memo that justified torture for US military officials (see April 1, 2008), calls on the Bush administration to release a still-secret Justice Department memo from October 2001 that the 2003 memo used as legal justification to ignore the Fourth Amendment (see October 23, 2001). The Fourth Amendment protects against unlawful search and seizure. The 2001 memo claims that the “Fourth Amendment had no application to domestic military operations.” The ACLU believes that the Fourth Amendment justification “was almost certainly meant to provide a legal basis for the National Security Agency’s warrantless wiretapping program, which President Bush launched the same month the memo was issued” (see Shortly After September 11, 2001-October 2005), a claim the Justice Department denies. The NSA is part of the Defense Department. Jameel Jaffer, director of the ACLU’s National Security Project, says: “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power. The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” No one has ever tried to assert, before this memo was written, that the Fourth Amendment was legally impotent for any reason or justification inside US borders. Jaffer notes that no court has ever ruled that the Fourth Amendment does not apply to the military: “In general, the government can’t send an FBI agent to search your home or listen to your phone calls without a warrant, and it can’t send a soldier to do it, either. The applicability of the Fourth Amendment doesn’t turn on what kind of uniform the government agent is wearing.” The ACLU has known about the October 2001 memo for several months, but until now has not known anything of its contents. In response to a 2007 Freedom of Information lawsuit, the Justice Department acknowledged the existence of “a 37-page memorandum, dated October 23, 2001, from a deputy assistant attorney general in OLC [Office of Legal Counsel], and a special counsel, OLC, to the counsel to the president, prepared in response to a request from the White House for OLC’s views concerning the legality of potential responses to terrorist activity.” The only information publicly known about the memo was that it was related to a request for information about the NSA’s warrantless wiretapping program. The ACLU has challenged the withholding of the October 2001 memo in court. [American Civil Liberties Union, 4/2/2008]
Legal experts and media observers react with shock and anger at former Justice Department lawyer John Yoo’s defense of his March 2003 torture defense (see April 2, 2008). Eugene Fidell, who teaches military justice at Yale and American University, says: “This is a monument to executive supremacy and the imperial presidency. It’s also a road map for the Pentagon for fending off any prosecutions.” [New York Times, 4/2/2008] Thomas J. Romig, the Army’s judge advocate general at the time the memo was issued, says that Yoo’s memo seems to argue that there are no rules in a time of war, an argument Romig finds “downright offensive.” [Washington Post, 4/2/2008] Retired Air Force General Richard B. Myers, chairman of the Joint Chiefs of Staff when the memo was written, says that he never saw the document authorizing harsh military interrogations and that its narrow definition of torture is “absolutely ludicrous.” Myers adds: “I frankly don’t know anyone in the military who bought into that as a good definition of when you cross the line. In the end, you want to do the right thing. I worry most about reciprocity, how other countries will treat us.” [Washington Post, 4/4/2008] Legal experts (see April 2-6, 2008) and media observers (see April 4, 2008) join in criticizing Yoo’s rationale for the torture memo.
Attorneys for US soldiers charged with abuse at Iraq’s Abu Ghraib prison say they will use the recently released Justice Department torture memo (see March 14, 2003 and April 1, 2008) to show that the highest levels of government condoned the harsh interrogations and brutality used against prisoners in US detention facilities. The government argues that the brutal treatment meted out to detainees in Abu Ghraib was performed by low-ranking soldiers without military or government authorization. The Justice Department has already dropped 22 of 24 cases of detainee abuse against civilian employees and contractors referred by the CIA and Defense Department, and a US official says the torture memo’s legal arguments—interrogators are exempt from criminal liability—may have been part of the reason why those cases were dropped. A law enforcement official involved in the decisions says: “Could it conceivably have played a role in deciding whether to prosecute or not? Certainly, in theory. If there was a memo blessing behavior at a certain point in time, and someone relied on legal guidance, could they have formed the necessary intent” to break the law? Lawyer Charles Gittins, representing Army Private Charles Graner Jr. in Graner’s appeal of his convictions stemming from his abuse of prisoners at Abu Ghraib, says the memo seems to show that President Bush suspended maltreatment laws for the military during a time of war. Gittins will submit the document to Graner’s parole board when it meets in May. [Washington Post, 4/4/2008]
Patrick McHenry. [Source: Patrick McHenry]The Pentagon tells Republican congressman Patrick McHenry (R-NC) not to re-air a video he had shot in Baghdad after he was accused of breaching operational security by giving detailed information about enemy rocket attacks. McHenry traveled to Iraq on March 22, where he made news by berating and insulting a guard for not allowing him into a gym because he lacked the proper identification.
YouTube Video - On April 4, after returning to the US, McHenry uploads a video he had shot while in the Green Zone onto YouTube and his Web site. The video shows McHenry pointing to a building behind him and telling viewers that a rocket had “hit just over my head” earlier. McHenry also names two more locations struck by rockets.
Veterans' Group - On April 6, a veterans group accuses McHenry of giving away intelligence information that can help insurgents better target positions inside the Green Zone. “The bottom line is that whoever launched that strike could take the information McHenry provided and use it to kill Americans in the Green Zone,” writes Brandon Friedman of VoteVets.org, an antiwar organization that calls for troop withdrawals and promotes veterans for public office, on the organization’s Web site. “This is why professionals operating in a combat zone are trained not to reveal any battle damage after an attack.” [McClatchy, 4/8/2008] Friedman adds: “McHenry—a fervent war supporter who has never served in the military—was apparently content to promote his Baghdad adventures at the expense of US troops on his Congressional website, during public appearances, and on YouTube. He did this until he got called out today.” [Brandon Friedman, 4/7/2008]
Pentagon Review - After Friedman’s post, McHenry pulls the video and sends it to the Pentagon for review. McHenry’s spokesman says he was not briefed on withholding its publication, but a Pentagon spokesman says he doesn’t know what McHenry was told: “but we routinely brief our operational rules to our visitors in Iraq and Afghanistan. Military officials and soldiers are never allowed to publicly speak about battle damage. This is not the first time McHenry has violated security protocols in talking about his visit to Iraq. A Republican opponent for his seat, military attorney Lance Sigmon, recently uploaded a video to YouTube showing McHenry discussing his trip to Iraq with local Republicans. In the speech, McHenry gives actual distances of how close the rockets came to hitting the building that he and other visitors were sleeping in. That kind of information is very useful for the insurgents in targeting future rocket barrages. Sigmon, an Air Force veteran, calls McHenry’s actions “absolutely reprehensible.” [McClatchy, 4/8/2008]
No Apology - After McHenry pulls the video, Friedman notes that no apology accompanied the withdrawal, and “That leads me to believe that McHenry pulled the video because he’s more worried about the damage this could do to him politically.” Friedman adds, “In a bumbling attempt to make himself look braver and tougher than he really is, Congressman McHenry put US troops at further risk by publicly revealing details about the success of an enemy rocket attack.” [Brandon Friedman, 4/7/2008]
The American Civil Liberties Union (ACLU) releases Defense Department documents that confirm the military’s use of illegal interrogation methods on detainees held in US custody in Afghanistan. The documents, obtained through a Freedom of Information Act lawsuit, are from an Army Criminal Investigation Division (CID) probe. The ACLU’s Amrit Singh says: “These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan. Rather than putting a stop to these systemic abuses, senior officials appear to have turned a blind eye to them.” In the CID reports, Special Operations officers in Gardez, Afghanistan, admitted to using what are known as Survival, Evasion, Resistance, and Escape (SERE) techniques, which for decades American service members experienced as training to prepare for the brutal treatment they might face if captured (see December 2001, January 2002 and After, and July 2002). At least eight prisoners in custody at Gardez were beaten, burned, and doused with cold water before being placed into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in US custody (see March 16, 2003). Subsequent investigations ignored numerous witness statements describing torture; Naseer was eventually declared dead due to a “stomach ailment.” The documents also provide evidence showing that prisoners were sodomized. “These documents raise serious questions about the adequacy of the military’s investigations into prisoner abuse,” says Singh. [American Civil Liberties Union, 4/16/2008]
The various news networks cited in this day’s New York Times expose of their involvement in a overarching Pentagon propaganda campaign to promote the Iraq war by using retired military officers as “independent military analysts” (see April 20, 2008 and Early 2002 and Beyond) say that, by and large, they were unaware of their analysts’ connections with both the administration and with defense contractors. (Many analysts used their access to the Pentagon and the networks to drum up business for themselves and their firms.) The networks say they are always concerned about conflicts of interest, but it is up to the analysts to disclose any such possible conflicts. As for the analysts, they say that the networks had only a dim awareness of their connections either with defense firms or the Pentagon. The networks don’t realize, the analysts claim, how frequently they meet with senior Defense Department officials or what is discussed. One NBC analyst, Rick Francona, says, “I don’t think NBC was even aware we were participating.” Many analysts say that the networks did not inquire deeply into their outside business interests and any potential conflicts of interest. “None of that ever happened,” says former NBC analyst Kenneth Allard. “The worst conflict of interest was no interest.” Allard and others say their network liaisons raised no objections when the Pentagon began paying for their trips to Iraq, a clear ethical violation for any serious news organization. The networks’ responses are limited at best: ABC says it is the analysts’ responsibility to keep them informed of any conflicts of interest; NBC says it has “clear policies” that ensure their analysts are free of conflicts; CBS declines to comment; a Fox News spokeswoman says that network’s executives “refused to participate” in the Times article. As for CNN, it requires its military analysts to disclose in writing all outside sources of interest, but like the other networks, it does not provide its analysts with specific ethical guidelines such as it provides to its full-time employees. In mid-2007, CNN fired one analyst for his conflicts of interest (see July 2007). [New York Times, 4/20/2008]
Author and civil litigator Glenn Greenwald writes of today’s revelations about the Pentagon’s six-year Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond) that the new information serves as “a far greater indictment of our leading news organizations than the government officials” who actually perpetrated the program. Greenwald writes: “In 2002 and 2003, when Americans were relentlessly subjected to their commentary, news organizations were hardly unaware that these retired generals were mindlessly reciting the administration line on the war and related matters. To the contrary, that’s precisely why our news organizations—which themselves were devoted to selling the war both before and after the invasion by relentlessly featuring pro-war sources and all but excluding anti-war ones—turned to them in the first place.” The New York Times, which published the expose, still relies on the same military analysts for commentary and insight about the war in Iraq who are revealed as Pentagon supporters in its own reporting. And considering the reporting from five years previously (see March 25, 2003 and April 19, 2003), Greenwald notes that neither the Times nor anyone else should be particularly shocked at the unveiling of such a propaganda operation. What Greenwald does find “incredible” is the refusal of the news organizations to comment on the Times story. “Just ponder what that says about these organizations,” Greenwald writes: “[T]here is a major expose in the [Times] documenting that these news outlets misleadingly shoveled government propaganda down the throats of their viewers on matters of war and terrorism and they don’t feel the least bit obliged to answer for what they did or knew about any of it.” Only CNN provided any substantive response, but denied any knowledge of their analysts’ connections to either the Pentagon or to defense firms. Greenwald concludes, “The single most significant factor in American political culture is the incestuous, extensive overlap between our media institutions and government officials.” [Salon, 4/20/2008]
Neoconservatives Max Boot and John Podhoretz weigh in on the New York Times story exposing the Pentagon propaganda operation (see April 20, 2008 and Early 2002 and Beyond). Boot writes that the program is nothing more than “the Pentagon tr[ying] to get out its side of the story about Iraq to the news media.” “[I]t’s no secret,” he writes, “that the Pentagon—and every other branch of government—routinely provides background briefings to journalists (including columnists and other purveyors of opinion), and tries to influence their coverage by carefully doling out access. It is hardly unheard of for cabinet members—or even the president and vice president—to woo selected journalists deemed to be friendly while cutting off those deemed hostile. Nor is it exactly a scandal for government agencies to hire public relations firms to track coverage of them and try to suggest ways in which they might be cast in a more positive light. All this is part and parcel of the daily grind of Washington journalism in which the Times is, of course, a leading participant.” Boot believes he has found “the nub of the problem” further into the article when reporter David Barstow wrote that the Pentagon’s operation “recalled other administration tactics that subverted traditional journalism.” Boot retorts, in a backhanded criticism of the Times’s patriotism: “[I]t’s one thing to subvert one’s country and another thing to subvert the MSM [mainstream media]. We can’t have that!” Boot concludes: “The implicit purpose of the Times’s article is obvious: to elevate this perfectly normal practice into a scandal in the hopes of quashing it. Thus leaving the Times and its fellow MSM organs—conveniently enough—as the dominant shapers of public opinion.” [Commentary Magazine, 4/20/2008] Writing for the influential conservative blog PowerLine, Boot’s fellow neoconservative John Podhoretz echoes Boot’s dismissal of the Times’s expose: “Barstow’s endless tale reveals nothing more than that the Pentagon treated former military personnel like VIPs, courted them and served them extremely well, in hopes of getting the kind of coverage that would counteract the nastier stuff written about the Defense Department in the media.” [Think Progress (.org), 4/20/2008]
Katrina vanden Heuvel. [Source: PBS]The editor of The Nation, Katrina vanden Heuvel, pens an incensed op-ed about the Pentagon’s recently revealed propaganda campaign designed to manipulate public opinion concerning Iraq (see April 20, 2008 and Early 2002 and Beyond). Vanden Heuvel calls the operation “an all out effort at the highest levels of the Bush administration, continuing to this day, to dupe, mislead and lie to the American people—using propaganda dressed up and cherry-picked as independent military analysis.” Vanden Heuvel calls for an “investigation by all relevant Congressional committees—from Intelligence to Armed Services. The networks must also be held accountable for their role in duping Americans.” She writes that networks should immediately “fire those analysts who concealed their links and then refuse to hire analysts, military or other, without full conflict of interest disclosures. (They should also open up the airwaves, which belong to the people, to a full range of views!)” The analysts themselves “should be hauled up before the judgment of the institution they claim to revere and represent. [T]hese corrupt men… violated a sacred trust, putting their wallet, their access and the Pentagon above their duty and honor to the men and women they claim to revere.” [Nation, 4/20/2008]
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:
hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
private tours of Iraq;
access to classified information;
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
CNN media critic Howard Kurtz writes a scathing op-ed expressing his dismay at the extent of the Pentagon’s secret propaganda operation to sell the Iraq war, and its use of retired military officers to promote its agenda and make its case on nightly news broadcasts (see April 20, 2008 and Early 2002 and Beyond). Kurtz observes: “It’s hardly shocking that career military men would largely reflect the Pentagon’s point of view, just as Democratic and Republican ‘strategists’ stay in touch with aides to the candidates they defend on the air. But the degree of behind-the-scenes manipulation—including regular briefings by then-Defense Secretary Donald Rumsfeld and other officials—is striking, as is the lack of disclosure by the networks of some of these government and business connections. With an aura of independence, many of the analysts used their megaphones, and the prestige of their rank, to help sell a war that was not going well.… [T]he networks rarely if ever explored the outside roles of their military consultants.” While both the Pentagon and the various networks have defended their use of the military analysts, and the networks have tried to explain their failure to examine their analysts’ connections to an array of defense firms—“it’s a little unrealistic to think you’re going to do a big background check on everybody,” says Fox News executive producer Marty Ryan—the reality, as Kurtz notes, is far less aboveboard. Kurtz adds, “The credibility gap, to use an old Vietnam War phrase, was greatest when these retired officers offered upbeat assessments of the Iraq war even while privately expressing doubts,” a circumstance reported on the part of numerous analysts in the recent New York Times expose. [Washington Post, 4/21/2008]
The Pentagon’s program for using “independent military analysts” to shape public opinion on the various news broadcasts and editorial pages (see April 20, 2008 and Early 2002 and Beyond) continues. According to New York Times reporter David Barstow, under Defense Secretary Robert Gates, the analysts still get weekly briefings from senior Pentagon officials, though they no longer have the kinds of regular meetings with Gates that they had with Rumsfeld. And the networks continue to broadcast interviews and segments with the analysts on a regular basis. [New York Times, 4/21/2008]
In the hours following the New York Times’s article about the Pentagon’s propaganda operation using retired military officers to promote the Iraq war and the Bush administration’s policies (see April 20, 2008 and Early 2002 and Beyond), a number of press officials express their concerns over the operation and the media’s role in it. The report “raises a red flag,” says Cox Newspapers bureau chief Andy Alexander. The editorial page editors at the Times and the Washington Post, both of which have published op-eds by some of the same retired officers cited in the Times story, say the report raises concerns about such access. The Times’s editorial page editor, Andrew Rosenthal, says, “It makes you suspicious, absolutely.” Rosenthal’s bureau printed at least nine op-eds by some of the generals cited in the report. “When generals write for you now, you have to look at that. But you have to do that anyway. Anybody who participated in that program has to be scrutinized more closely.” Rosenthal’s counterpart at the Post, Fred Hiatt, whose pages have run at least one such op-ed, says, “Retired generals are entitled to speak out like anyone else, but I would have the same expectation of them to disclose anything that might be relevant.” He goes on to defend the Post op-ed, written by retired general Barry McCaffrey, saying that McCaffrey’s words demonstrate his independence from the propaganda operation. Rosenthal also defends his paper’s publication of the nine op-eds and also states that the writers clearly demonstrate their independence. Rosenthal refuses to divulge the names of eight of the nine op-ed authors. Neither the Times nor the Post ever disclosed the close ties their writers maintained with the Pentagon, nor did they disclose their ties to an array of military contractors. Rosenthal says that such connections are irrelevant because their op-eds were not necessarily about Iraq: “There is no instance in which a general who attended a briefing at the Pentagon repeated it on our Op-Ed pages.” He also says that none of the authors have any conflicts in their business relationships. The Times will probably continue to use retired officers for commentary, Rosenthal says. McClatchy News bureau chief John Walcott says that as long as the public knows who is writing a particular op-ed and what their connections are, publishing material from retired military officers is acceptable: “The reader is entitled to know where this or that commentator is coming from on an issue. It doesn’t necessarily disqualify them from commentating, it must be transparent.” [Editor & Publisher, 4/21/2008]
Entity Tags: US Department of Defense, Andy Alexander, Andrew Rosenthal, Barry McCaffrey, Bush administration (43), Cox Communications, Fred Hiatt, Washington Post, McClatchy News, New York Times, John Walcott
Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda
Defense Secretary Robert Gates urges retired officers serving as “independent military analysts” for the news networks to make it clear that they are speaking for themselves, not their military services, in supporting political candidates, giving opinions, or providing commentary. Gates’s remarks come on the heels of a New York Times report that documents an overarching propaganda campaign by the Pentagon to use such “independent” analysts to promote the Iraq war and the Bush administration’s policies (see April 20, 2008 and Early 2002 and Beyond). Gates says he sees nothing wrong with the Pentagon briefing such retired officers to prepare them for their network appearances. “I did read the article,” he says. “And frankly, I couldn’t quite tell how much of it was a political conflict of interest or a financial conflict of interest. The one service they owe everybody is making clear that they’re speaking only for themselves.” His main concern, he says, is “when they are referred to by their title, the public doesn’t know whether they are active duty or retired officers because those distinctions tend to get blurred.” [Agence France-Presse, 4/21/2008]
New York Times reporter David Barstow discusses his recent article about the Pentagon’s covert propaganda operation using “independent military analysts” to shape public opinion about the Iraq war (see April 20, 2008 and Early 2002 and Beyond). Barstow explains that the Times took “so long” to report the program because “it took us two years to wrestle 8,000 pages of documents out of the Defense Department that described its interactions with network military analysts.” The Pentagon refused to turn over any documents until losing in federal court; even then, it failed to meet a number of court-ordered deadlines to produce the documents. It was only after the judge in the case threatened to sanction the department that the Pentagon finally turned over the documents. [New York Times, 4/21/2008]
Matthew Yglesias, the associate editor of the Atlantic Monthly, notes that the Bush administration and Defense Department have very good reasons for instituting a systematic campaign of media manipulation and disinformation about their Iraq policies (see April 20, 2008 and Early 2002 and Beyond). Yglesias writes, “If you think, as John McCain and George Bush and about 30 percent of Americans do, that an indefinite American military operation in Iraq is a good idea then you need to engage in a lot of propaganda operations. After all, realistically we are much more likely to leave Iraq because politicians representing the views of the 70 percent of the public who doesn’t think that an indefinite American military operation in Iraq is a good idea than we are to be literally driven out by Iraqis who oppose the US presence.” [Atlantic Monthly, 4/21/2008]
The Boston Globe publishes an editorial criticizing the Pentagon and the media alike for the Pentagon’s recently revealed Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). The operation “is no subtle attempt to influence public opinion,” the Globe editors write. “It is a government program to corrupt the free flow of information that serves, in a healthy democracy, to inoculate the public against official lies, bad policy, and misbegotten wars.” The editorial is harshly critical of then-Defense Secretary Donald Rumsfeld’s use of “independent” military analysts to spread his praises through the media (see April 14-16, 2006), calling it “a tactic more suitable for Vladimir Putin’s Russia. In fact, the Pentagon’s manipulation of the media has been more deft than the Kremlin’s because it was better hidden.” The editorial concludes, “In the end, the government’s disguised lies have done more damage to American democracy and the national interest than to any foreign enemy. History’s epitaph for the Pentagon’s psywar operation will be: ‘We fooled ourselves.’” [Boston Globe, 4/22/2008]
William Arkin. [Source: New York Times]Washington Post columnist William Arkin writes that from 1999 until late 2007, he was a military analyst for NBC News, “one of the few non-generals in that role.” Arkin writes that he worked with several generals retained by NBC and MSNBC, “and found them mostly to be valuable.” Arkin writes that “[t]he problem is not necessarily that the networks employ former officers as analysts, or that the Pentagon reaches out to them. The larger problem is the role these general play, not just on TV but in American society. In our modern era, not-so-old soldiers neither die nor fade away—they become board members and corporate icons and consultants, on TV and elsewhere, and even among this group of generally straight-shooters, there is a strong reluctance to say anything that would jeopardize their consulting gigs or positions on corporate boards.”
McCaffrey a Consistent Voice of Criticism - Retired general Barry McCaffrey (see April 21, 2003) stands out in Arkin’s recollection as one of the most consistent critics of the Pentagon, “and to this day he is among the most visible of the paid military analysts on television.” Arkin recalls McCaffrey as well-informed and sincere, but writes that “much of his analysis of Iraq in 2003 was handicapped by a myopic view of ground forces and the Army, and by a dislike of then-Secretary of Defense Donald Rumsfeld that was obvious and outspoken. (To be fair to McCaffrey, few former or active duty generals read the war or its aftermath correctly.)”
Analysts 'Invaluable' during Hostilities - In 2003, the reporters and camera crews embedded in the particular military units “gave an almost-live view of a war at the tactical level.” The generals were on the air to make sense of the ground-level tactical information, and translate it into a more general understanding of events and strategies. “The generals would use their knowledge and plumb their contacts to get a sense of what the divisions and corps and the coalition formations were doing at a higher level.” Arkin writes that, considering the obfuscation and deliberate deception routinely practiced by Rumsfeld and US commander General Tommy Franks, “the generals were invaluable. When they made the effort, they could go places and to sources that the rest of us couldn’t. That the Pentagon was ‘using’ them to convey a line is worrisome for the public interest but not particularly surprising.”
Pushing the Pentagon's Viewpoint - Arkin continues: “On the war itself—on the actions of the US military in March and April of 2003—there was an official line that was being pushed by the Pentagon and the White House. I’m not convinced that the generals (at least those who were serving at NBC) were trumpeting an official line that was being fed to them, but neither am I convinced that their ‘experience’ or professional expertise enabled them to analyze the war any better than non-generals or the correspondents in Washington or out in the field.” McCaffrey stands out in Arkin’s mind as one analyst who “publicly lambasted the war plan—during a time of war! In the grand scheme of things, though, I’m not sure that McCaffrey was right—and I’m not sure that having more troops then, given our assumptions about what would happen in postwar Iraq and our ignorance of the country and its dynamics, would have made much of a difference. In other words, we still could have won the battle and lost the war.”
Diminished Value as Occupation Continued - Once “major” fighting was over and other issues besides battlefield outcomes dominated the news—the disastrous occupation, the developing insurgency, the torture of prisoners—“the value of the American generals as news commentators diminished significantly,” Arkin writes. “They were no longer helping us to understand battles. They were becoming enmeshed in bigger political and public policy and partisan battles, and as ‘experts’ on the military, they should have known better not to step too far outside their lane. The networks should also have known this, and indeed they did learn eventually, as there are certainly far fewer generals on the payroll today than there were at the height of the ‘fighting.’”
A Broader Perspective - Arkin concludes: “It’s now clear that in the run-up to the war, during the war in 2003 and in its aftermath, we would have all benefited from hearing more from experts on Iraq and the Middle East, from historians, from anti-war advocates. Retired generals play a role, an important one. But for the networks, they played too big of a role—just as the ‘military’ solutions in Iraq play too big of a role, just as the military solutions in the war against terrorism swamp every other approach.” [Washington Post, 4/22/2008]
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]
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:
Does Congress intend to investigate the operation?
Do the three presidential candidates—Democrats Hillary Clinton and Barack Obama, and Republican John McCain, have any comments (see April 28, 2008)?
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?
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?
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?”
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
Ike Skelton. [Source: Washington Post]Representative Ike Skelton (D-MO), chairman of the House Armed Services Committee, says he is angered by the allegations of a secret Pentagon propaganda operation using retired military officers as supposedly independent media analysts (see April 20, 2008 and Early 2002 and Beyond). “There is nothing inherently wrong with providing information to the public and the press,” Skelton says. “But there is a problem if the Pentagon is providing special access to retired officers and then basically using them as pawns to spout the administration’s talking points of the day.” Skelton adds that he is deeply disturbed by the ties between the retired officers and various defense contractors. “It hurts me to my core to think that there are those from the ranks of our retired officers who have decided to cash in and essentially prostitute themselves on the basis of their previous positions within the Department of Defense,” he says. [Stars and Stripes, 4/26/2008]
Representative Rosa DeLauro (D-CT) asks five different television news networks for explanations of their roles in the Pentagon propaganda operation recently revealed by the New York Times (see April 20, 2008 and Early 2002 and Beyond). DeLauro sends letters to Steve Capus, the president of NBC News; David Westin, president of ABC News; Sean McManus, president of CBS News and Sports; Roger Ailes, president of Fox News; and Jim Walton, president of CNN News Group. Her letters, which use fundamentally the same wording, conclude: “When the American people turn on their TV news, they expect coverage of the Iraq War and military issues to be using analysts without conflicts of interests. 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. Now that the full extent of the Department of Defense’s domestic propaganda program has been revealed, I strongly encourage you to make the necessary policy changes to ensure proper vetting of those you wish to put on the air so that the viewers can get the objective analyses they deserve.” [US House of Representatives, 4/24/2008] As of mid-May, only two of those networks—CNN and ABC News—will respond to DeLauro (see May 2, 2008 and April 29, 2008).
Entity Tags: Rosa DeLauro, David Westin, CNN, CBS News, ABC News, Fox News, Roger Ailes, Jim Walton, US Department of Defense, New York Times, Steve Capus, Sean McManus, NBC
Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda
Paul Hodes. [Source: Washington Post]US Representative Paul Hodes (D-NH) asks Congress to investigate how the Pentagon may have improperly influenced so-called “military analysts” to give inaccurate information to the press (see Early 2002 and Beyond). [Associated Press, 4/25/2008] In a letter to Representative John Tierney (D-MA), the chairman of the House Oversight and Government Reform Subcommittee on National Security and Foreign Affairs, Hodes asks for hearings on the program as recently revealed by the New York Times (see April 20, 2008). “If these reports are true,” Hodes writes, “it is unacceptable that the Bush administration would attempt to manipulate the public with false propaganda on matters of war and our national security.” He adds: “A hearing also could examine whether some of these analysts were given military contracts with the Defense Department in exchange for reading Bush administration talking points on the public airwaves. The issue at stake here is the public’s right to the truth about our security, our military, and what their government is doing.” [US House of Representatives, 4/24/2008] The House will pass an amendment prohibiting the Pentagon from conducting propaganda operations and requiring the General Accounting Office (GAO) to investigate the program (see May 22, 2008).
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:
Avoid conflicts of interest, real or perceived;
Remain free of associations and activities that may compromise integrity or damage credibility;
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;
Disclose unavoidable conflicts;
Be vigilant and courageous about holding those with power accountable;
Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
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]
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]
Authors and columnists Diane Farsetta and Sheldon Rampton show that the Pentagon’s recently revealed covert propaganda program using “independent military analysts” to promulgate Pentagon viewpoints about Iraq and the war on terror (see April 20, 2008 and Early 2002 and Beyond) is “not only unethical but illegal.”
Congress Prohibitions Since 1951 - According to every appropriations bill passed by Congress since 1951, “No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.”
Congressional Research Service Finds Government-Funded Propaganda Illegal - A March 2005 report by the Congressional Research Service defines “publicity or propaganda” as either “self-aggrandizement by public officials… purely partisan activity… covert propaganda.” Farsetta and Rampton explain, “By covert propaganda, GAO [the Government Accountability Office] means information which originates from the government but is unattributed and made to appear as though it came from a third party.” The GAO has determined that government-funded video news releases (VNRs) are illegal when an agency such as the Defense Department fails “to identify itself as the source of a prepackaged news story [and thusly] misleads the viewing public by encouraging the viewing audience to believe that the broadcasting news organization developed the information. The prepackaged news stories are purposefully designed to be indistinguishable from news segments broadcast to the public. When the television viewing public does not know that the stories they watched on television news programs about the government were in fact prepared by the government, the stories are, in this sense, no longer purely factual—the essential fact of attribution is missing.” Farsetta and Rampton argue that the supposedly “independent” commentary by the complicit analysts is little different from the VNRs. The GAO has also noted, “The publicity or propaganda restriction helps to mark the boundary between an agency making information available to the public and agencies creating news reports unbeknownst to the receiving audience.”
Justice Department Finds Propaganda Cannot be Funded by Government - And in 2005, the Justice Department’s Office of Legal Counsel (OLC) found that after the Bush administration had been caught paying pundits to write op-eds favorable of administration policies, “OLC determined in 1988 that a statutory prohibition on using appropriated funds for ‘publicity or propaganda’ precluded undisclosed agency funding of advocacy by third-party groups. We stated that ‘covert attempts to mold opinion through the undisclosed use of third parties’ would run afoul of restrictions on using appropriated funds for ‘propaganda.’” Farsetta and Rampton write: “The key passage here is the phrase, ‘covert attempts to mold opinion through the undisclosed use of third parties.’ As the [New York] Times report documented in detail, the Pentagon’s military analyst program did exactly that.” [PRWatch, 4/28/2008]
Pentagon Says Program Legal - Former Pentagon spokesman Lawrence Di Rita says the program is simply a “mirror image” of the Pentagon’s program of embedding journalists with combat units in the field, and Pentagon spokespersons insist that the program was merely to ensure that the US citizenry was well informed about the war. [New York Times, 4/21/2008]
Hillary Clinton, John McCain, and Barack Obama. [Source: Boston Globe]Two of the three major presidential candidates speak out against the Pentagon’s propaganda campaign to manipulate public opinion about Iraq (see April 20, 2008 and Early 2002 and Beyond).
Clinton - Senator Hillary Clinton (D-NY) says the program raises questions of “credibility and trust at the Pentagon,” and calls for an investigation by the Defense Department’s inspector general. The Clinton campaign says that, considering the Bush administration’s record on intelligence and misinformation, an investigation of the operation is necessary to determine how the Pentagon manipulated the “commentary of putatively independent television military analysts” for “‘selling’ the Iraq war and our country’s defense policy now.” The campaign also says that “serious questions” have been raised “about the potential linkage of government contracts to favorable public commentary by military analysts.”
Obama - Democratic Senator Barack Obama (D-IL) says he is “deeply disturbed” that the administration “sought to manipulate the public’s trust,” and says the program “deserves further investigation to determine if laws or ethical standards were violated.” The Obama campaign calls for “greater transparency to ensure that those who lobby the Pentagon are not rewarded for favorable commentary about the administration’s policies.”
McCain - Senator John McCain (R-AZ) has as yet said nothing about the program. [Nation, 4/28/2008]
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]
Author Tom Engelhardt explores the connections between the retired military analysts recently exposed as part of a Pentagon propaganda operation to manipulate public opinion regarding the war and occupation of Iraq (see Early 2002 and Beyond) and “America’s General,” David Petraeus. Petraeus, slated to become the commander of US Central Command (CENTCOM), has long been a media darling, Engelhardt notes. For the last three years, Petraeus has been touted as virtually the only hope for an American victory in Iraq. Engelhardt writes, “Petraeus is the president’s anointed general, [President] Bush’s commander of commanders, and (not surprisingly) he exhibits certain traits much admired by the Bush administration in its better days.”
Petraeus Turns to Analysts to Promote Surge - In the New York Times article exposing the Pentagon propaganda operation (see April 20, 2008, one event has as yet gotten little attention: the fact that when Petraeus was appointed the commanding general in Iraq in January 2007, one of his first acts was to meet with a group of the Pentagon’s military analysts (see January 2007). Engelhardt explains, “In other words, on becoming US commander in Iraq, he automatically turned to the military propaganda machine the Pentagon had set up to launch his initial surge—on the home front.” Petraeus was by then a willing, and a key, participant in the Pentagon’s propaganda operation, which itself dovetailed with the Bush administration’s attempt to market the escalation of US troops—the “surge” (see January 10, 2007)—as the latest attempt to turn the corner in Iraq. President Bush himself was, by that point, “a thoroughly tarnished brand,” Engelhardt writes, not the person to launch such a marketing campaign.
Petraeus Is Administration's "Face" - Bush and the Pentagon both looked to Petraeus, who quickly “became the ‘face’ of the administration (just as American military and civilian officials had long spoken of putting an ‘Iraqi face’ on the American occupation of that country).” In the following months, Bush cited Petraeus over 150 times as part of his attempts to paint the US occupation as a success. Petraeus himself quickly turned to the Pentagon’s cadre of retired military officers, now network analysts reliably providing the administration’s talking points on the news broadcasts, to help him promulgate the surge. Engelhardt notes that one of those analysts, retired Army general and ABC News analyst Jack Keane, was himself the co-author of the “surge” strategy (see January 2007). Between the president, the administration officials, the military analysts, and the enthusiastic media reporters and talking heads, establishing the surge as a putative success and Petraeus as a name brand with a positive image was achieved in relatively short order. [Asia Times, 4/29/2008]
David Westin. [Source: ABC News]ABC News president David Westin 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). Westin says that ABC employs two of the military analysts cited as being part of the Pentagon operation, retired Army General Jack Keane and retired Army Major General William Nash. Westin acknowledges that Keane was one of the architects of the Bush administration’s “surge” in Iraq (see January 2007), and says, “On several occasions when General Keane appeared in an ABC News program we specifically disclosed to our audience his position as an (unpaid) adviser on the subject.” Westin concludes, “From what I know of our reporting involving our military analysts, I am satisfied that ABC News has acted responsibly and has served its audience well.” [Westin, 4/29/2008 ]
Author Tom Engelhardt, reflecting on the recent exposure of the Pentagon’s propaganda campaign using retired military officers to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), writes that this is but one of possibly many such operations. The others, if they exist, remain to be exposed. The military analysts operation is “unlikely to have been the only one,” Engelhardt writes. He has his suspicions:
Selling the 'Surge' - “We don’t yet fully know the full range of sources the Pentagon and this administration mustered in the service of its ‘surge,’” he writes, though he notes how quickly General David Petraeus, the commander of US forces in Iraq, was to turn to the analysts for support in their nightly news broadcasts (see April 29, 2008).
Sunnis and Shi'ites - Engelhardt notes that it is possible that a similar propaganda campaign helped transform Iraqi Sunni insurgents into heroes—“Sons of Iraq”—if they joined the “Awakening” movement, or members of “al-Qaeda in Mesopotamia” if they did not join the movement. Similarly, it may have been a propaganda campaign that encouraged the media to quickly label every Shi’ite rebel as an Iranian agent.
Iran's Influence - “We don’t know what sort of administration planning has gone into the drumbeat of well-orchestrated, ever more intense claims that Iran is the source of all the US’s ills in Iraq, and directly responsible for a striking percentage of US military deaths there,” Engelhardt writes. The New York Times recently reported that, according to “senior officers” in the US military in Baghdad’s Green Zone, 73% of attacks on US troops in the past year were caused by roadside bombs planted by so-called “special groups,” a euphemism for Iraqi Shi’ites trained by Iran.
Guided Tours - Many influential Washington insiders have been given carefully orchestrated tours of Iraq by the Pentagon, including former military figures, prominent think tank analysts, journalists, pundits, and Congressional representatives. Many of them have been granted a special audience with Petraeus and his top commanders; many have subsequently lauded the “surge” (see January 10, 2007) and praised the US policies in Iraq.
Successful Marketing Campaign - Engelhardt writes, “Put everything we do know, and enough that we suspect, together and you get our last ‘surge’ year-plus in the US as a selling/propaganda campaign par excellence. The result has been a mix of media good news about ‘surge success,’ especially in ‘lowering violence,’ and no news at all as the Iraq story grew boringly humdrum and simply fell off the front pages of our papers and out of the TV news (as well as out of the Democratic Congress). This was, of course, a public relations bonanza for an administration that might otherwise have appeared fatally wounded. Think, in the president’s terminology, of victory—not over Shi’ite or Sunni insurgents in Iraq, but, once again, over the media at home. None of this should surprise anyone. The greatest skill of the Bush administration has always been its ability to market itself on ‘the home front.’ From September 14, 2001, on, through all those early ‘mission accomplished’ years, it was on the home front, not in Afghanistan or Iraq, that administration officials worked hardest, pacifying the media, rolling out their own “products”, and establishing the rep of their leader and ‘wartime’ commander-in-chief.” [Asia Times, 4/29/2008]
Second Author Concurs - Author and Salon commentator Glenn Greenwald concurs with Engelhardt. Greenwald writes, “It should also be noted that this military analyst program is but one small sliver of the Pentagon’s overall media management effort, which, in turn, is but one small sliver of the administration’s general efforts to manipulate public opinion. We’re only seeing these documents and the elaborate wrongdoing they establish because the [New York Times] was so dogged in attempting to compel the [Pentagon] to disclose them, even while the Pentagon fought tenaciously to avoid having to do so, to the point where they were threatened with sanctions by a federal judge. But this is just one discrete, isolated program. Most of what this government has done—including, certainly, its most incriminating behavior—remains concealed by the unprecedented wall of secrecy behind which this administration operates.” [Salon, 5/12/2008]
Reporter Eric Brewer asks White House spokesman Dana Perino about recent reports of the Pentagon’s systematic propaganda operation to manipulate public opinion about the war in Iraq (see April 20, 2008 and Early 2002 and Beyond). After briefly summarizing the story, Brewer asks, “[D]id the White House know about and approve of this operation?” Perino stumbles through her initial response before recovering: “Look, I didn’t know—look, I think that you guys should take a step back and look at this—look, [the Defense Department] has made a decision, they’ve decided to stop this program (see April 26, 2008). But I would say that one of the things that we try to do in the administration is get information out to a variety of people so that everybody else can call them and ask their opinion about something. And I don’t think that that should be against the law. And I think that it’s absolutely appropriate to provide information to people who are seeking it and are going to be providing their opinions on it. It doesn’t necessarily mean that all of those military analysts ever agreed with the administration. I think you can go back and look and think that a lot of their analysis was pretty tough on the administration. That doesn’t mean that we shouldn’t talk to people.” [White House, 4/30/2008; Raw Story, 4/30/2008]
The memo from Rumsfeld to Hadley. [Source: Department of Defense] (click image to enlarge)White House Press Secretary Dana Perino denies that the White House had any prior knowledge of the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). A reporter asks, “Did the White House know about the program?” Perino answers, “I just said: no.” [Raw Story, 5/14/2008] But a memo in the Pentagon’s own “document dump” about the program (see May 9, 2008) proves otherwise. A July 12, 2005 memo from Donald Rumsfeld to Deputy National Security Adviser Stephen Hadley reads, “Attached is a summary of the effects of the military analysts we took down to GTMO [Guantanamo] earlier this month.” Rumsfeld was presumably referring to the Pentagon-sponsored trip to Guantanamo (see June 24-25, 2005 that was carefully analyzed for its effects in manipulating the media (see June 24, 2005). [Rolling Stone, 5/15/2008]
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]
Regardless of the intention of the military to “minimize” its controversial “stop-loss” program (see November 2002 and January 19, 2007), which forces US soldiers to remain deployed in Iraq or Afghanistan for months after their term of duty has expired, the number of soldiers affected by the policy has increased by 43 percent in the last year, and Army officials say the stop-loss program will remain in effect through at least the fall of 2009. Some officials say that the number of troops affected by stop-loss orders will fall as “surge” troops (see January 10, 2007) redeploy. Currently, over 12,230 soldiers are being prevented from returning home even though their commitments to the Army have expired. That number was 8,540 in May 2007. Since 2002, about 58,000 soldiers have been affected by stop-loss policies. “As the [war zone] demand comes down, we should be able to get us weaned off stop-loss,” says Lieutenant General James Thurman. Stop-loss policies forbid active-duty soldiers within 90 days of retirement or obligated service from leaving the Army if they are in units alerted for deployment. Reservists and National Guard members are barred from leaving if their units have been alerted for mobilization. Though Defense Secretary Robert Gates ordered the Army and other branches of service to “minimize” their use of stop-loss, the number of soldiers affected has increased since Gates’s orders were issued in January 2007. [Army Times, 5/5/2008]
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]
John Murtha. [Source: ABC News]Representative John Murtha (D-PA), a hawkish military veteran who has built a long political career on supporting the military, says that he is “disappointed” in both the US military and the news media for being part of the Pentagon’s recently revealed Iraq propaganda operation (see Early 2002 and Beyond). Murtha says that he was struck by the fact that, in the New York Times article that revealed the operation (see April 20, 2008), even some of the military analysts who most enthusiastically repeated the Pentagon’s talking points on the airwaves “didn’t even believe what they were saying.” Murtha says: “Well, the military’s held in the highest level and the highest esteem in this country. All of us appreciate their sacrifices. I’ve gotten to the point where I now distrust the military because they have been dishonored by these kind of untruths. It used to be that I could listen to the military, they would come to me, and what they said privately they were willing to say publicly. With [former Defense Secretary Donald] Rumsfeld’s tenure, they distorted everything. And that’s the way they got by for four years because the public said, well, the military’s saying that. Well, the public’s no longer accepting that. The public realizes we made a mistake when we went in, much of the information was inaccurate and they continue to say these kind of things. So, I’m disappointed. I’m disappointed in the news media. I tell ya, till I spoke out, the news media was not honest—or afraid to come forward. And I think the tactic was, ‘we don’t give them access if they say anything bad about us.’”
Credits Blogs - Murtha credits the political blogs for keeping the story alive: “The blogs have been so important to bringing out the truth. I didn’t know what a blog was till a couple of years ago. Now, I not only know, I understand how important they are because people have an opportunity to hear the other side of what they’re saying.” (Notably, Murtha gives this interview to a news blog, the left-leaning ThinkProgress.)
Propaganda Effort in Vietnam Did Decades of Damage - Murtha reflects on the tremendous damage done by military and government propaganda campaigns during Vietnam (see March 1971). “It took us 20 years to get over Vietnam,” he says. “It took us through the Ford administration, the Carter administration, it took us into the Reagan administration because we didn’t pay for the war and the public was misled. Now the public recognized it very early on in Vietnam because they casualties were so heavy. Because of the technology increases, they didn’t recognize it as quickly in Iraq. But until the end of the Clinton administration, where we had a budget with a surplus, we were paying for the Vietnam war. We’re doing the same thing now.… I mean, nobody recognized we’re paying now with inflation, we’re paying all the expenses in Iraq. We’re paying $343 million dollars a day because of Iraq. So, it’s unfortunate and it just makes it that much more difficult for us to overcome this, because people who don’t believe it now, believed it for a while and they don’t want to be misled again.” [ThinkProgress (.org), 5/1/2008]
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 ]
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]
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]
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
Michael J. Copps. [Source: Cable's Leaders in Learning (.org)]The Pentagon’s propaganda operation—using military analysts in media outlets to promote the administration’s policies in Iraq (see Early 2002 and Beyond), as recently revealed in the New York Times (see April 20, 2008)—draws a sharp reaction from Federal Communications Commission (FCC) Commissioner Michael J. Copps. Copps, a Democrat, applauds the efforts of Democratic lawmakers and political bloggers to keep pushing for accountability (see May 8, 2008), saying: “President Eisenhower warned against the excesses of a military-industrial complex. I’d like to think that hasn’t morphed into a military-industrial-media complex, but reports of spinning the news through a program of favored insiders don’t inspire a lot of confidence.” The propaganda operation was “created in order to give military analysts access in exchange for positive coverage of the Iraq war,” Copps adds. [Politico, 5/8/2008]
The Pentagon posts the more than 8,000 pages of documents, transcripts, and audio tapes it was forced to release to the New York Times as evidence of its ongoing propaganda campaign to manipulate public opinion concerning Iraq (see April 20, 2008 and Early 2002 and Beyond). The only explanation given on the Web site is, “These documents were released to the New York Times regarding the Pentagon’s Military Analyst program.” [Staff, 5/9/2008]
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]
Society of Professional Journalists logo. [Source: Society of Professional Journalists]Executives of the Society of Professional Journalists (SPJ) urge the US media to hold their military analysts to the same ethical standards that journalists are required to meet concerning possible conflicts of interests, financial ties, and relationships with government agencies. The warnings come after the exposure of a Pentagon propaganda operation involving retired military officers being hired by television news broadcasters and using their position to promote the Bush administration’s war policies (see April 20, 2008 and Early 2002 and Beyond). SPJ president Clint Brewer says: “The Pentagon’s practices to co-opt military analysts should end and be replaced by an honest, open dialogue with representatives of the media about the facts of the war. In addition, the country’s news organizations should disclose the ties of their analysts both past and present. America’s news media should hold these analysts to the same ethical tests they would any journalist.” [Editor & Publisher, 5/12/2008]
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