Torture Memos

‘Rampant’ police brutality with Obama; the sheriff proud of the ‘worst prison in the world’; as the independent task force finds Guantanamo torture ‘indisputable’,  ‘Orwell would have been pressed to conceive the plight of the 86: cleared for release, but denied freedom, using a hunger strike as their last weapon, only to be kept alive by the very people who will not let them go’ – The Independent’s Rupert Cromwell on the concentration camp where even the Pentagon admits most are innocent.

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FD Editor’s Note:  PLEASE, after reading this click here and write to each of these members asking them to do the below – please release this report to the public so that we can begin to repair the damage the Bush administration has done to the reputation of this nation.  Without the rule of law we are nothing.  Keep it short and simple, but do write them!  Your voice WILL make a difference, history is proving this!  (If one of you wants to leave a form letter that others may use, please contact me and I will add it to the address page, thank you!)

The Senate Intelligence Committee should make public a 6,000-page report on the CIA’s detention and interrogation policies.

Committee chairman Senator Dianne Feinstein (D-Calif.) is seen speaking to reporters after a closed briefing of the Senate Select Committee on Intelligence in Washington, D.C. (Brendan Smialowski / AFP / Getty Images / November 15, 2012)

Committee chairman Senator Dianne Feinstein (D-Calif.) is seen speaking to reporters after a closed briefing of the Senate Select Committee on Intelligence in Washington, D.C. (Brendan Smialowski / AFP / Getty Images / November 15, 2012)

Americans have known for years both the broad outlines and some of the disgusting details of the George W. Bush administration’s policy of subjecting suspected terrorists to torture, humiliation and imprisonment at “black sites” in foreign countries. But they have been denied a comprehensive accounting of how the United States decided after the 9/11 attacks to travel to what then-Vice President Dick Cheney called “the dark side.”

That would change if the Senate Intelligence Committee released to the public a 6,000-page report on the CIA‘s detention and interrogation policies that it approved last week. Sen. Dianne Feinstein (D-Calif.), the committee chair, says the report includes “details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” The report also includes 20 findings and conclusions.

Release of the document could fill in blanks left by news reports, lawsuits and various official documents. It also could shed light on whether waterboarding and other “enhanced interrogation techniques” played a role in tracking down Osama bin Laden — a debate rekindled by the movie “Zero Dark Thirty.” Feinstein herself has rejected a claim that the operation that discovered Bin Laden’s whereabouts was carried out “based on information gained through the harsh treatment of CIA detainees.” Of course, even if torture did prove useful, that doesn’t make it legal or moral.

Unfortunately, the report will remain classified while the committee solicits comments — and presumably suggested redactions — from the Obama administration. Feinstein and her colleagues must press the administration, including the CIA, to review the document expeditiously and exercise restraint in editing it. Then the committee must vote to release it.

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At the beginning of 2012 the deputy prime minister Nick Clegg stated that the government ‘completely condemns torture and inhumane treatment’ and that ‘we never support it or ask other people to do it on our behalf.’

They are words that have echoed for decades, in one form or another. The UK is a signatory to the International Convention Against Torture and our political leaders are vociferous about the fact that we do not practice torture. The UK has even gone to war, in part, on the premise of toppling torturous regimes.

But these words are beginning to lose their meaning, juxtaposed as they are against images of orange-jump-suited British prisoners kneeling in the unforgiving Cuban sun at Guantanamo Bay; stories of UK soldiers torturing civilian victims at black-site bases in Iraq; or the sight of British national Binyam Mohammed stepping off the plane back onto UK soil after being held and tortured in Pakistan.

Still the UK government has tried to distance itself from these images. Rogue soldiers misbehave, we are told. The UK had no way of knowing what happens to their citizens held in prisons outside our shores. And, of course, we certainly would never condone such behaviour.

But the cracks in the system are beginning to show. Clegg’s words came in the wake of a decision by the Criminal Prosecution Service that MI5 and MI6 agents would not be charged with the ill-treatment and torture of UK resident Binyam Mohamed while he was in Pakistan. Nor would they be charged for the torture of another detainee who had been held at Bagram Air Base, Afghanistan.

And so the public is left wondering, just who is telling the truth here, and can we believe the government’s denials any more?

The search for answers to these questions has molded much of Ian Cobain’s professional life. As an investigative reporter Cobain has for years followed cases of alleged torture and renditions. He has now pulled together his wealth of experience in the book Cruel Britannia: A Secret History of Torture. The result is a compendium of examples that together lend weight to the argument that not only does the UK practice torture even against its own citizens, but has a well-developed, if informal and unwritten, policy on how and when such methods are used.

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By

Jason Leopold and Jeffrey Kaye have another exclusive over at Truthout on the origins of Bush’s torture program. Kaye and Leopold report:

In May of 2002, one of several meetings was convened at the White House where the CIA sought permission from top Bush administration officials, including then National Security Adviser Condoleezza Rice, to torture the agency’s first high-value detainee captured after 9/11: Abu Zubaydah.

The CIA claimed Zubaydah, who at the time was being held at a black site prison in Thailand, was “withholding imminent threat information during the initial interrogation sessions,” according to documents released by the Senate Intelligence Committee in April 2009.

So, “attorneys from the CIA’s Office of General Counsel [including the agency's top lawyer John Rizzo] met with the Attorney General [John Ashcroft], the National Security Adviser [Rice], the Deputy National Security Adviser [Stephen Hadley], the Legal Adviser to the National Security Council [John Bellinger], and the Counsel to the President [Alberto Gonzales] in mid-May 2002 to discuss the possible use of alternative interrogation methods that differed from the traditional methods used by the U.S.”

One of the key documents handed out to Bush officials at this meeting, and at Principals Committee sessions chaired by Rice that took place between May and July 2002, was a 37-page instructional manual that contained detailed descriptions of seven of the ten techniques that ended up in the legal opinion widely referred to as the “torture memo,” drafted by Justice Department Office of Legal Counsel (OLC) attorney John Yoo and signed by his boss, Jay Bybee, three months later. According to Rice, Yoo had attended the Principals Committee meetings and participated in discussions about Zubaydah’s torture.

That instructional manual, referred to as “Pre-Academic Laboratory (PREAL) Operating Instructions,” has just been released by the Department of Defense under the Freedom of Information Act (FOIA). The document sheds additional light on the origins of the Bush administration’s torture policy and for the first time describes exactly what methods of torture Bush officials had discussed – and subsequently approved – for Zubaydah in May 2002.

Source

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Jason Linkins

For some time, former Vice President Dick Cheney has insisted that the declassification of various CIA memos will prove once and for all that the Bush administration’s torture regime was successful at keeping America safe. But as Michael Isikoff reported over the weekend, the recently-released report from the Justice Department’s Office of Professional Responsibility contains disclosures that “could prove awkward for Cheney and his supporters.”

The report provides new information about the contents of one of the never released agency memos, concluding that it significantly misstated the timing of the capture of one Al Qaeda suspect in order to make a claim that seems to have been patently false.

In essence, the CIA insisted that the waterboarding of Abu Zubaydah “provided significant information on two operatives, Jose Padilla and Binyam Mohammed, who planned to build and detonate a ‘dirty bomb’ in the Washington DC area.” As anyone who’s followed the case knows, charges against Mohamed were dropped, he was released from detention and returned to the United Kingdom, where the Court of Appeal found that he had been treated to “cruel, inhuman and degrading treatment by the United States authorities.”

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Mohammed Ezzoueck claims that MI5 was involved in his detention in Kenya. He alleges that in Nairobi he was interrogated by British security services about his alleged links to terrorist attacks or groups. He was told that British consular officers tried to see him, but were told he was at another police station. In Baidoa, Somalia, he was put on a flight to London. A consular official also took the flight. In London he says he was met by people from Scotland Yard and interrogated at the airport police station under the Terrorism Act 2000, Schedule 7, and detained for nine hours before being let go

Azhar Khan alleges that when he was interrogated, under torture, in Egypt he was asked in English about a previous arrest and his personal life in Britain. He says that on arrival at Cairo police station, a woman from the British Embassy told him to leave the country within 24 hours. After his release, he claims British officers asked him to work for them but he refused. In London, after his release, he says MI5 officers were waiting for him, but did not interrogate him.

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by Valtin

Michael Isikoff and Daniel Klaidman have scooped the press with a Newsweek article claiming to know the verdict of the Department of Justice Office of Professional Responsibility report on the investigations into misconduct and unprofessional behavior by the Bush administration attorneys involved drafting the memos allowing the use of coercive interrogation techniques on prisoners. These techniques were largely derived from reverse-engineering torture inoculation procedures from the military’s Survival, Evasion, Resistance, Escape, or SERE programs.

According to Isikoff and Klaidman, the original verdict of the report was changed after the report was reviewed by the attorneys accused, and then reassessed by long-time DoJ honcho, David Margolis. The Newsweek article explains (emphasis added):

Valtin’s diary

Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources….The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.

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By Truth2Tell

So Nancy Pelosi says she couldn’t have revealed the classified information she was told about Bush administration torture even if she had wanted to. For that matter she says she still can’t. And the meme echos across DU. Over and over posters insist that secrecy laws stood in the way of our noble office holders revealing what they were allegedly told about Bush Administration crimes. Alas, if only they could have spoken out…

Well, they could have. Here’s the facts:

Pelosi and her defenders have been frequently citing 18 USC 798 regarding penalties for the disclosure of classified information. They are correct to do so. But there is more to secrecy law than just 18 USC 798, beginning with the the definition of “classified information.”

 

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US military experts advising the CIA on rules for interrogating terror suspects repeatedly referred to extreme stress techniques as “torture”, a leaked memo has revealed.

Abu Ghraib: CIA ignored warnings from US soldiers that torture and extreme stress would not work

At the heart of the debate is whether the CIA interrogation techniques produced useful information from detainees Photo: AP

The country’s spy chiefs were also warned that harsh techniques were likely to produce “unreliable information”. But under pressure from the White House, the CIA brushed the concerns aside and approved a controversial interrogation programme for suspected al-Qaeda prisoners that included simulated drowning by waterboarding.

The military document described forms of extreme questioning as torture 13 times in two pages, just a month before government lawyers said the techniques did not reach that threshold and interrogators first used waterboarding against a captive.

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• Report opens the way for possible prosecution of Bush officials
• Bush team rejected military’s advice against techniques
• Report could re-open Abu Ghraib abuse cases

Ewen MacAskill in Washington

A Senate inquiry published today directly implicates senior members of the Bush administration in the extensive use of harsh interrogation methods against al-Qaida suspects and other prisoners round the world.

The 232-page report, the most detailed investigation yet into the background of torture, undercuts the claim of the then deputy defence secretary, Paul Wolfowitz, that the abuse of prisoners in Iraq was the work of “a few bad apples”.

The report’s release added to the debate raging within the US after Barack Obama, who regards the techniques as torture, opened the way for possible prosecution of members of the Bush administration.

 

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