The Torture Planners: "Why are we talking about this in the White House?"

In a very interesting follow-up to the unfolding story on the 2003 John Yoo memorandum that justified the use of torture, ABC news is reporting how the CIA came to the White House after the spring 2002 capture of al Qaeda operative Abu Zubaydah in Pakistan and asked for permission to use more "aggressive" interrogation techniques. Citing anonymous sources, ABC says that beginning with the Zubaydah case, "the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency." These discussions evidently included the use of waterboarding, as the CIA has admitted using this torture technique on Zubaydah.

The "Principals" -- high-level Bush administration officials -- present included National Security Adviser Condolezza Rice, who chaired the meetings, "Vice President Cheney... Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft."

While Ashcroft is said to have signed off on the legality of the interrogations, he got squeamish about how it was being approved. Perhaps he was afraid of future legal and political consequences. Perhaps he remembered how the secrets of the Wannsee Conference were ultimately leaked. Per the ABC story (also reported over at Reuters):

Lawyers in the Justice Department had written a classified memo, which was extensively reviewed, that gave formal legal authority to government interrogators to use the "enhanced" questioning tactics on suspected terrorist prisoners. The August 2002 memo, signed by then head of the Office of Legal Counsel Jay Bybee, was referred to as the so-called "Golden Shield" for CIA agents, who worried they would be held liable if the harsh interrogations became public.....

But even after the "Golden Shield" was in place, briefings and meetings in the White House to discuss individual interrogations continued, sources said. Tenet, seeking to protect his agents, regularly sought confirmation from the NSC principals that specific interrogation plans were legal....

Highly placed sources said CIA directors Tenet and later Porter Goss along with agency lawyers briefed senior advisers, including Cheney, Rice, Rumsfeld and Powell, about detainees in CIA custody overseas....

Then-Attorney General Ashcroft was troubled by the discussions. He agreed with the general policy decision to allow aggressive tactics and had repeatedly advised that they were legal. But he argued that senior White House advisers should not be involved in the grim details of interrogations, sources said.

According to a top official, Ashcroft asked aloud after one meeting: "Why are we talking about this in the White House? History will not judge this kindly."

Despite Ashcroft's qualms -- mainly concerned with his political neck, not the safety of prisoners -- the Principals "approved interrogations... pushing the limits of international law and even the Justice Department's own legal approval." Condi Rice was said to be particularly forceful in giving the CIA power to torture (with Powell echoing Ashcroft's wimpy protests).

As the blogger buhdydharma in an article today, the new revelations "clearly point to a high level, willful conspiracy to commit torture." Beyond the question of conspiracy, serious violations of a number of laws that prohibit torture and inhumane treatment have also been broken. Courtesy of Physicians for Human Rights and Human Rights First own examination of criminal laws governing laws on torture, let's review what Ashcroft, Rice, Rumsfeld, Cheney, Tenet, and possibly others, may find themselves vulnerable with aggressive prosecution (for footnotes, please refer to original via link):

The recent amendments to the War Crimes Act establish as war crimes “grave breaches” of Common Article 3 of the Geneva Conventions,10 including “torture” and “cruel or inhuman treatment.”11 “Torture” is characterized, in pertinent part, as “an act specifically intended to inflict severe physical or mental pain or suffering.”12 The separate war crime of “cruel or inhuman treatment,” is defined as “an act intended to inflict severe or serious physical or mental pain or suffering.”13

For the crime of torture under the WCA14 and the Torture Act,15 severe mental pain or suffering is defined as “the prolonged mental harm caused by or resulting from” several specified actions, including “the intentional infliction or threatened infliction of severe physical pain or suffering” and “the administration or application, or threatened administration or application, of mindaltering substances or other procedures calculated to disrupt profoundly the senses or the personality.”16

For the WCA crime of “cruel or inhuman treatment,” serious mental pain or suffering is defined as “the serious and non-transitory mental harm (which need not be prolonged) caused by or resulting from” the same specified actions.17

The Detainee Treatment Act requires that “no person in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment (CIDT).”18 The DTA defines CIDT as conduct prohibited by the Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution.

Since the "CIA’s reported “enhanced” interrogation techniques cause the types of physical and mental anguish that are criminalized under the WCA and other laws," it's clear that top administration officials have committed war crimes.

But what are the governmental officials, including elected members of the legislature, going to do about it? Certainly we can expect nothing from Mukasey's Justice Department, which has all but signed off even on waterboarding, and refuses to rule out evidence obtained by same. Rep. Conyers has asked John Woo to appear at a hearing of the House Judiciary Committee next month. Meanwhile, the story barely reaches the significance of the front pages in the U.S. press.

This is not surprising, as the Executive Branch of the U.S. government has gotten away with the criminal execution of an illegal, pre-emptive war in Iraq, even when the evidence for this was placed in the public domain for all to see (going back at least to the publication of the Downing Street memos). Reportedly, the congressional offices of Speaker of the House Nancy Pelosi and other Democrats receive emails and faxes demanding action, up to and including the initiation of impeachment hearings in the House. All to no avail.

The poet William Blake wrote over two hundred years ago:

You never know what is enough unless you know what is more than enough.

We know that this is more than enough to put the criminal leadership of the Bush administration away in prison for many years. Therefore, enough!!

Give us our bill of indictment. Give us our impartial jury to examine the evidence. Give us justice. Failing this, I shudder to think what monstrous conclusion is being prepared for us in the bowels of history.

Why Bush Defends Secret Torture Techniques

"Alternative procedures." "Valuable tools in the war on terror." "Specialized interrogation procedures." "Safe and lawful techniques." "Good policies."

George W. Bush has more euphemisms for torture than his creepy Veep, Cheney, has expletives on supply.

On Saturday, in his weekly radio address, President Bush announced his veto of the Congressional Intelligence bill, which included a ban on CIA use of certain "enhanced" interrogation methods, like waterboarding. Bush defended the use of the so-called "alternative procedures" practiced by the CIA, as necessary for field intelligence officers interrogating "hardened terrorists." The play upon the fear of Americans of terrorist attack in the aftermath of the horrific 9/11 events turns upon well-understood traumatic mechanisms in the human psyche.

But I want to concentrate on one telling aspect of Bush's torture apologia. Regarding the attempt by Congress to limit the intelligence agencies to interrogation practices based upon the Army Field Manual (which forbids use of hooding, waterboarding, sexual humiliation, etc.), Bush said (emphasis added):

Limiting the C.I.A.’s interrogation methods to those in the Army field manual would be dangerous because the manual is publicly available and easily accessible on the Internet. Shortly after 9/11, we learned that key Al Qaida operatives had been trained to resist the methods outlined in the manual. And this is why we created alternative procedures to question the most dangerous Al Qaida operatives, particularly those who might have knowledge of attacks planned on our homeland. The best source of information about terrorist attacks is the terrorists themselves. If we were to shut down this program and restrict the C.I.A. to methods in the field manual, we could lose vital information from senior Al Qaida terrorists, and that could cost American lives.

While Bush touts various terrorist operations foiled by use of torture, a major Congressional player had a different view:

Sen. Jay Rockefeller, chairman of the Senate Intelligence Committee, said he had heard nothing to suggest that the CIA, through enhanced interrogation methods, had obtained information to thwart a terrorist attack.

Secrets, Secrets, Secrets... Shhh!

The secret "enhanced" CIA interrogation techniques were authorized by Bush in July 2006, in a secret Executive Order vetted by Steven Bradbury and the Office of Legal Counsel. This authorization was needed after a 2006 Supreme Court decision had determined that Al Qaida prisoners were subject to the Geneva Conventions. Even earlier secret recommendations -- most famously, then-new Attorney General Alberto Gonzales's February 2005 memorandum recommending government torture, which only came to light last year -- demonstrated the tenacity of the Bush Administration's quest to give the CIA and possibly other intelligence agencies the green light for torture.

In his radio address, Bush claims that if the terrorists had access to government interrogation methods, they would be able to prepare themselves to withstand the torture. Indeed, this is the rationale for the 50-year-old military SERE program. SERE stands for Survival, Evasion, Resistance, Escape, and each branch of the military conducts its own version of it. It was SERE military psychologists, Bruce Jessen and James Mitchell, who were accused by a Pentagon Office of Inspector General Report last year of reverse-engineering SERE training into torture instruction to U.S. military/CIA forces abroad. (Katherine Eban at Vanity Fair also wrote a great article on this matter last summer.)

So I suppose this is what Bush is referring to when he says that the government had to create "alternative procedures" to counter the presumed wiliness of the "hardened terrorists." Except this is a lie. As regular readers of my blog know, government torture has been well-researched for over 50 years. It also went operational around the same time. The not-unsavvy terrorists certainly know where to go on the Internet to read the CIA's KUBARK Counter-intelligence Interrogation Manual, declassified by the United States in the 1990s, or any of a number of books openly for sale that describe the same.

The KUBARK manual describes the use of fear, isolation, sensory deprivation, temperature extremes, sleep deprivation, fear, and other techniques to induce regression and dependency in prisoners, in order to make them malleable to an experienced interrogator. SERE techniques were derived from presumed extreme sorts of torture that could be encountered by U.S. servicemen who found themselves prisoners of a government or group who didn't follow the Geneva Conventions. How ironic that the most famous state to announce it wouldn't follow Geneva protocols would be... the United States!

Bush does have a point. Knowledge of torture techniques and counter-measures can help a prisoner subjected to torture or cruel treatment, up to a point. Personality factors play a much larger role, as the KUBARK manual points out (including a CIA bibliography on the subject). Besides, there's a multitude of sources available for the enemy government or sophisticated organization to gather such information. The Congressional bill does not discuss torture counter-measures, to my knowledge.

The government -- and Bush is following advice from the CIA -- wants to keep its torture techniques secret because when a detainee does not know what's coming, it increases anxiety and fear, which creates greater confusion and psychological regression. In the spook biz, they call this extending the "shock of capture."

And then there is the political raison d'etre: Bush doesn't want the general public to know what barbarities are practiced in their name. Unfortunately, there are still too many Americans willing to play ostrich and pretend they don't know what's going on, ducking behind Bush and his surrogates's platitudes and lying homilies. Meanwhile, Bush's congressional critics (mostly Democrats) portray the Army Field Manual as providing a "bright line" between torture and acceptable interrogation technique.

Except this isn't true, either. The Army Field Manual's Appendix M allows selective use of CIA KUBARK-style torture, including use of isolation (also used at Guantanamo today), sleep deprivation, "harsh" induction of fear and play upon a detainees phobias, and the use of sensory deprivation goggles and gloves -- and this despite the fact the AFM in its main text says it forbids use of sensory deprivation. (The NY Times article and others on AFM often mention the use of isolation, wrongly reporting it as limited to 30 days, and not mentioning at all the use of sleep deprivation, sensory deprivation goggles, and "fear up harsh" techniques.)

The Torture Issue Won't End When Bush Is Gone

Spywork is famously presented as a house of mirrors, a wasteland of lies and deceptions. Bush's radio address/veto continues this grand tradition of obfuscation and doublespeak. And it's clear where the lame duck president gets his marching orders. From today's New York Times:

In a memo to CIA employees Saturday, CIA Director Michael Hayden said the Army Field Manual does not "exhaust the universe" of lawful interrogation techniques. ""There are methods in the CIA's program that have been briefed to our oversight committees, are fully consistent with the Geneva Convention and current U.S. law and are most certainly not torture," Hayden wrote.

We are very, very far from cleaning up this mess. In the choice between secret CIA torture and its somewhat cleaned up Army Field Manual version, there's very little to make a human rights advocate very happy. The Democratic candidates have made some stir that they would change things, stop the torture, and from Obama, the secret renditions, too; restore habeas corpus, etc. But they aren't exactly out front on the issue, and seem susceptible to military influence, and threats they are "too soft" on "terrorism."

Torture is a hydra-headed beast. It exists around the world, and the U.S. is hardly alone, even among Western so-called democracies, in practicing the barbaric "question." It will take a mass movement, something akin to the abolition of slavery or women's rights movements of the 19th century to change this fundamental evil in human society. For now, we must fight as we can, and try to undo the deadly combination of militarism, self-satisfied careerism, greed and bloodlust that has characterized the Bush torture regime.

One could do worse than to follow right now this hyperlink to Physicians for Human Rights website page on fighting torture. A long journey must begin with some first step.

Also posted at Invictus

Torture and "Inevitable Demoralization," from 1902 to the Present

Paul Kramer at The New Yorker has written a fascinating look at the use of torture by U.S. troops in the Philippine-American War, 1899-1902. Back then, the U.S. was accused of using the infamous "water cure" upon Philippine "insurgents." A then-atypical confession by pro-war Judge Wiliam Howard Taft, head of the pro-U.S. Philippine Commission, described the technique:

The cruelties that have been inflicted; that people have been shot when they ought not to have been; that there have been in individual instances of water cure, that torture which I believe involves pouring water down the throat so that the man swells and gets the impression that he is going to be suffocated and then tells what he knows, which was a frequent treatment under the Spaniards, I am told—all these things are true.

Kramer's article describes the political maneuvering around the torture scandal of that time, in ways that are eerily similar to today's debates. What's different, of course, is that other, more psychological forms of torture have been added since those early days of American imperialist wars. (Over 4,000 U.S. soldiers died in the conflict, and total Philippine deaths, both military and civilian, are estimated to be between a quarter of a million to one million people. It's worth noting that U.S. military activities against Philippine "insurgents" or "brigands" continued until at least 1913.)

Rendition (Deadly) Games: New Revelations

Increasingly, the U.S. is out-sourcing its more barbaric, old-fashioned use of torture to foreign torturers, sending its prisoners secretly via "extraordinary rendition" to sites in countries like Egypt, Morocco, and Uzbekistan. The extent of this secret program of kidnapping and torture is still being assessed via ongoing revelations in the press. In today's UK Telegraph, a former British special forces soldier, Ben Griffin, has charged that the British government was far more complicit in these activities than previously known.

Mr Griffin said the SAS was part of a joint US/UK unit which captured suspected terrorist who were then spirited away for interrogation....

Mr Griffin, who served for three months in Baghdad, added: "I have no doubt in my mind that non-combatants I personally detained were handed over to the Americans and subsequently tortured.

"It is only since I have left the Army and I have read the Geneva Convention and the UN Convention on Torture that I realised that we have broken so many of these conventions and treaties in Iraq."

Other recent press reports have implicated other European Union member states -- Poland and Romania -- in aiding the U.S. in their rendition program. A recent New York Times article details U.S. complicity in the infamous Operation Condor program of the 1970-1980s, where a number of Latin American countries "helped one another locate, transport, torture and ultimately make disappear dissidents across their borders, and even collaborated on assassination operations in Europe and the United States."

Meanwhile, currently, we have the hoopla over the recent Senate bill that restricts the CIA to the interrogation protocols of the Army Field Manual masks the fact that the AFM authorizes the use of psychological methods of torture, including sleep and sensory deprivation, and prolonged isolation. President Bush is threatening to veto the bill as too restrictive on CIA operations.

Wither Our Humanity?

Towards the end of his New Yorker piece, Kramer remarks on how the scandal over torture eventually faded away. A few officers had their hands slapped. Commissions took contradictory testimony; editorials fired bombastic fusillades. But in the end, the barbarity was covered up, filed away, and forgotten (until now).

Kramer quotes an extraordinary article from the time (bold emphases are mine, and please forgive my quoting also the racist jargon, indicative of that era):

As early as April 16, 1902, the New York World described the “American Public” sitting down to eat its breakfast with a newspaper full of Philippine atrocities:

It sips its coffee and reads of its soldiers administering the “water cure” to rebels; of how water with handfuls of salt thrown in to make it more efficacious, is forced down the throats of the patients until their bodies become distended to the point of bursting; of how our soldiers then jump on the distended bodies to force the water out quickly so that the “treatment” can begin all over again. The American Public takes another sip of its coffee and remarks, “How very unpleasant!”

“But where is that vast national outburst of astounded horror which an old-fashioned America would have predicted at the reading of such news?” the World asked. “Is it lost somewhere in the 8,000 miles that divide us from the scenes of these abominations? Is it led astray by the darker skins of the alien race among which these abominations are perpetrated? Or is it rotted away by that inevitable demoralization which the wrong-doing of a great nation must inflict on the consciences of the least of its citizens?”

It is difficult to hang onto principles of justice and morality in a society that has become inured to the worst crimes and inhuman behaviors. The memory of events may be forgotten, but they live on in the societal failure to embrace history, in the cynicism and despair towards institutions and belief systems, and in the cries of untold victims whose pleas for mercy and justice echo soundlessly into the void.

Is this our future? Or are we already there?

Crossposted at Invictus