February 25, 2007

A Note of Optimism

Filed under: torture, War on Terror — maha @ 8:24 pm

The Talking Dog interviews David Rose, author of Guantanamo: The War on Human Rights and a contributing editor of The Guardian and Vanity Fair. Here’s the note of optimism:

Eventually there will be a pendulum change– the values that made the United States unique– the power of its Constitution– will reassert themselves. Enough people will regard Guantanamo with the same shame as the detention of Japanese in World War II… or the Red Scares… We’ll just have to see if and when this happens.

Let’s hope.

Spotlight

November 22, 2006

Update

Filed under: Bush Administration, torture — maha @ 11:58 am

There’s more about the amicus brief filed by Janet Reno and others at The Talking Dog.

Spotlight

November 17, 2006

Why We Vote

Roxana Tiron of The Hill reports that Senate Dems plan to revise the Military Commissions Act in the next term.

Sen. Chris Dodd introduced a bill today that

… seeks to give habeas corpus protections to military detainees; bar information that was gained through coercion from being used in trials and empower military judges to exclude hearsay evidence they deem to be unreliable.

Dodd’s bill also narrows the definition of “unlawful enemy combatant” to individuals who directly participate in hostilities against the United States who are not lawful combatants. The legislation would also authorize the U.S. Court of Appeals for the armed forces to review decisions made by the military commissions.

In the next term Dodd will be the second ranking Democrat on the International Relations Committee. Sen. Patrick Leahy, the incoming Senate Judiciary Committee chairman, is also drafting changes to the Act that would reinstate habeas corpus. Incoming Senate Majority Whip Dick Durbin and incoming chairman of the Senate Armed Services Committee, Carl Levin, say they plan to look into “extraordinary rendition.”

“I’m not comfortable with the system,” Levin said earlier this week. “I think that there’s been some significant abuses which have not made us more secure, but have made us less secure and have also perhaps cost us some real allies, as well as not producing particularly useful information. So I think the system needs a thorough review, and as the military would say, a thorough scrubbing.”

I’d like to point out that these guys are the Big Guns, so to speak. We don’t have a veto-proof majority, but thanks to the midterms we’re in better shape to put up a fight.

See also: “GTMO Report: Only 10 out of 440 Charged“; “Guantanamo prisoners routinely denied witnesses, evidence“; “Judge: Detainee Can’t Speak to Attorney“; “Presbyterians to witness against torture“; “The Road to Guantanamo.”

Spotlight

November 15, 2006

The Buck Stops You-Know-Where

Filed under: Bush Administration, torture — maha @ 10:30 am

See this excellent Kos diary — “NYT: Bush personally guided CIA on torture, foreign detention.

Spotlight

November 2, 2006

Alyssa Peterson

Filed under: Bush Administration, Iraq War, torture — maha @ 11:00 am

Roxanne emailed this story yesterday, and now I see Greg Mitchell at Editor & Publisher is commenting:

Now we learn that one of the first female soldiers killed in Iraq died by her own hand after objecting to interrogation techniques used on prisoners.

She was Army specialist Alyssa Peterson, 27, a Flagstaff, Az., native serving with C Company, 311th Military Intelligence BN, 101st Airborne. Peterson was an Arabic-speaking interrogator assigned to the prison at our air base in troubled Tal-Afar in northwestern Iraq. According to official records, she died on Sept. 15, 2003, from a “non-hostile weapons discharge.”

She was only the third American woman killed in Iraq so her death drew wide press attention. A “non-hostile weapons discharge” leading to death is not unusual in Iraq, often quite accidental, so this one apparently raised few eyebrows. The Arizona Republic, three days after her death, reported that Army officials “said that a number of possible scenarios are being considered, including Peterson’s own weapon discharging, the weapon of another soldier discharging or the accidental shooting of Peterson by an Iraqi civilian.”

Then Kevin Elston of Flagstaff public radio KNAU filed a Freedom of Information Act request to find out more. This is from Elston’s story:

“Peterson objected to the interrogation techniques used on prisoners. She refused to participate after only two nights working in the unit known as the cage. Army spokespersons for her unit have refused to describe the interrogation techniques Alyssa objected to. They say all records of those techniques have now been destroyed….”

Peterson was reassigned to a base gate and sent to suicide prevention training, but in September 2003 she killed herself with her service rifle. Greg Mitchell:

The Army talked to some of Peterson’s colleagues. Asked to summarize their comments, Elston told E&P: “The reactions to the suicide were that she was having a difficult time separating her personal feelings from her professional duties. That was the consistent point in the testimonies, that she objected to the interrogation techniques, without describing what those techniques were.”

Elston said that the documents also refer to a suicide note found on her body, revealing that she found it ironic that suicide prevention training had taught her how to commit suicide. He has now filed another FOIA request for a copy of the actual note.

Peterson was a devout Mormon who had volunteered to go to Iraq.

Via Daou Report, see also Classically Liberal.

Spotlight

October 17, 2006

Cowards

Filed under: Bush Administration, conservatism, torture, War on Terror — maha @ 6:25 pm

The fundamental question is this: Why would any American citizen support the “2006 Military Commission Act” that President Bush signed into law today?

Let’s review:

The Act empowers President Bush to declare not just aliens, but also U.S. citizens, “unlawful enemy combatants.” An American citizen who speaks out against Bush’s policies could be designated an “unlawful enemy combatant” by Bush. The Act empowers the President to round up and incarcerate anyone, citizen or non-citizen, who he determines has given “material support” to terrorists. The Act strips habeas corpus rights from detained aliens who have been declared enemy combatants. The U.S. will continue to round up innocent and guilty alike and hold them indefinitely without giving them a way to prove their innocence. For more on how the Act strips American citizens and others of basic rights, see Marjorie Cohn, “American Prison Camps Are on the Way.”

Regarding torture: Reasonable people might disagree over the distinction between “cruelty” and “torture.” For example, Stephen Rickard argues in today’s WaPo that the Act authorizes cruelty but not torture. I assume he refers to definitions of torture and cruelty in international law; personally, I don’t see a difference. But he also says,

[The CIA] reportedly was using waterboarding (a terrifying mock execution in which a prisoner is strapped to a board and convinced he is being drowned), dousing naked prisoners with water in 50-degree cold and forcing shackled prisoners to stand for 40 straight hours. …

…The United States has prosecuted every one of these techniques as a war crime. So when Congress passed the McCain amendment last fall banning cruel treatment, CIA interrogators reportedly stopped working. Vice President Cheney had sought an exemption for the CIA — but didn’t get one. The administration apparently pushed the interrogators hard to resume their tactics, saying these techniques were still legal, but the CIA refused.

It seems the agency had learned an important lesson from the infamous Justice Department “torture memo,” which claimed that to be deemed “torture” a procedure had to be capable of causing major organ failure or death. The administration repudiated the memo when it became public. The lesson? Secret, contorted legal opinions don’t provide any real protection to CIA officers.

So the CIA demanded “clarity” — from Congress. No wonder President Bush practically sprinted to the cameras to begin spinning his “compromise” with Sen. John McCain (R-Ariz.) on the Military Commissions Act. He needs to convince CIA interrogators that they now have congressional carte blanche.

So did the Act signed today do the trick? Rickard says it doesn’t, and that if the interrogators give in to White House pressure and resume brutal interrogations, they’ll be at greater legal risk than before.

The administration is trying to convince CIA officers that they won’t be indicted — or at least convicted. But the CIA demanded clarity, not more ambiguity and “plausible deniability.”

At the end of the day all the president can honestly tell CIA interrogators is this: “The law has some loose language. We’ll give you another memo. Don’t worry.”

Sure.

And torture doesn’t work, anyway. Bush wants us to believe that the “tough” techniques that may or may not be torture has yielded vital information that has saved American lives, but there is plenty of indication that’s not so.

Dan Froonkin writes,

The new law vaguely bans torture — but makes the administration the arbiter of what is torture and what isn’t. It allows the president to imprison indefinitely anyone he decides falls under a wide-ranging new definition of unlawful combatant. It suspends the Great Writ of habeas corpus for detainees. It allows coerced testimony at trial. It immunizes retroactively interrogators who may have engaged in torture.

Here’s what Bush had to say at his signing ceremony in the East Room: “The bill I sign today helps secure this country, and it sends a clear message: This nation is patient and decent and fair, and we will never back down from the threats to our freedom.”

But that may not be the “clear message” the new law sends most people.

Here’s the clear message the law sends to the world: America makes its own rules. The law would apparently subject terror suspects to some of the same sorts of brutal interrogation tactics that have historically been prosecuted as war crimes when committed against Americans.

Here’s the clear message to the voters: This Congress is willing to rubberstamp pretty much any White House initiative it sees as being in its short-term political interests. (And I don’t just mean the Republicans; 12 Senate Democrats and 32 House Democrats voted for the bill as well.)

Here’s the clear message to the Supreme Court: Review me.

I ask again: why would anyone support Bush’s position? Today righties are snarling and snapping like cornered animals at anyone who criticizes the torture bill. We nay-sayers are “whiny hippies” throwing a “moonbat hissy fit.”

A more temperate rightie
declared “This is undeniably a victory for those of us that believe we need to aggressively wage the war against jihadism.” This and other rightie commenters continue to follow the White House in blind faith that the Bush Administration knows what it is doing and will use the unprecedented power it has gained wisely. Given the Bush Administration’s record — that’s insane.

Righties like to talk tough, but peel enough layers off ‘em and you’ll find a sniveling little coward crouching and whimpering at their core. Deep down, they want Dear Leader to have dictatorial power so that he can protect them. Like any mob in the grip of hysteria, they have lost reason and inhibition, and they attack anyone who gets in their way.

They’re cowards, they’re out of control, and they must be stopped.

Spotlight

September 28, 2006

Bill of Rights, We Hardly Knew Ye

If there’s any comfort to be taken from today’s defeat of the “habeas corpus” amendment to the detainee bill it’s that only one Democratic Senator, Ben Nelson of Nebraska, voted with Senate Republicans to defeat the bill. William Branigin of the New York Times reports:

Senators voted 51 to 48 against the amendment, which called for deleting from the bill a provision that rules out habeas corpus petitions for foreigners held in the war on terrorism. The writ of habeas corpus, which is enshrined in the U.S. Constitution, allows people to challenge in court the legality of their detention, essentially meaning that they cannot be held indefinitely without charge or trial.

Regarding the detainee bill itself — 32 out of 44 Senate Democrats voted against the bill. According to Glenn Greenwald, the 12 are Carper (Del.), Johnson (S.D.), Landrieu (La.), Lautenberg (N.J.), Lieberman (Conn.), Menendez (N.J), Nelson (Fla.), Nelson (Neb.), Pryor (Ark.), Rockefeller (W. Va.), Salazar (Co.), Stabenow (Mich.).

Of that group I am most disappointed in Frank Lautenberg, who usually is on the side of liberalism.

Glenn Greenwald comments:

But it is still difficult to understand the Democrats’ strategy here. They failed to try to mount a filibuster because they feared being attacked as coddlers of the terrorists. But now they voted against the bill in large numbers, thereby ensuring those exact accusations will be made anyway — and made loudly (the White House already started today). Yet they absented themselves the whole time from the debate (until they magically appeared today), spent the last several weeks only tepidly (at most) opposing the President’s position, and thus lost the opportunity to defend and advocate the position they took today in any meaningful way. As a result, the Democrats took a position today (opposition to this bill) which they have not really defended until today.

They make this same mistake over and over. Isn’t this exactly what happened when they sort-of-supported-but-sort-of-opposed the Iraq war resolution in 2002 because they were afraid of being depicted as soft on terrorism, only to then be successfully depicted as soft on terrorism because they were too afraid to forcefully defend their position? It’s true that fewer Democrats voted for the President’s policy this time around, but it’s equally true that they found their voice only on the last day of the debate — on the day of the vote — after disappearing for weeks while they let John McCain “debate” for them.

Several liberal bloggers had predicted the McCain et al. “compromise” was just a head fake to keep the Dems off guard, and that in the end Bush would get the bill he wanted. The Wise Guys in Washington have yet to figure this stuff out.

Dan Froomkin:

Today’s Senate vote on President Bush’s detainee legislation, after House approval yesterday, marks a defining moment for this nation.

How far from our historic and Constitutional values are we willing to stray? How mercilessly are we willing to treat those we suspect to be our enemies? How much raw, unchecked power are we willing to hand over to the executive?

The legislation before the Senate today would ban torture, but let Bush define it; would allow the president to imprison indefinitely anyone he decides falls under a wide-ranging new definition of unlawful combatant; would suspend the Great Writ of habeas corpus; would immunize retroactively those who may have engaged in torture. And that’s just for starters.

It’s a red-letter day for the country. It’s also a telling day for our political system.

Yep.

Spotlight

September 16, 2006

Desperation

Filed under: Bush Administration, torture, War on Terror — maha @ 9:29 am

If you missed seeing Countdown last night, there’s a video of the first two segments here. If you’ve already seen the presser, featuring David Gregory’s beautiful moment, you can fast forward the tape to about 5:57 for remarks by Howard Fineman. I transcribed just a snip:

Fineman: It’s not just John McCain, a known maverick; it’s not just Lindsey Graham, Senator Graham, a known maverick; it’s not even Colin Powell, who is very popular in the country but sort of outside the system right now. The key guy here is Senator John Warner, the Republican of Virginia, as well as Colin Powell. The thing about Warner is he is the establishment man; he is the very symbol of the Pentagon establishment, the defense establishment, in a way the intelligence establishment over there in northern Virginia, and if HE is taking the side of the rebels on this, the Republican rebels, it’s a very serious division in the party, and one the Democrats ought to sit back and watch.

But the best part begins at 9:43, when Olbermann gets into the legal and ethical implications of President Bush’s proposed “let’s torture!” law. Olbermann interviewed Jonathan Turley, Constitutional Law professor at George Washington University. Boldface is added:

Olbermann: … is he [Bush] covering his own backside with this?

Turley: Quite frankly, I think that there is evidence to say he is. You know, the thing that is ticking here in terms of a clock, is the fact that these fourteen guys that were recently transferred, just arrived not that long ago in Gitmo, in Cuba. They are going to be or have been interviewed by the Red Cross. Most people believe that they will reveal that they were subject to waterboarding, where you are held under water until you think that you are going to drown. That is undeniably torture under the international standards. If that occurs in the coming days, the United States and specifically the President will be accused of committing a very serious violation of international law. Torture is one of the top three or four things that the international law is designed to prevent. And so the reason there is this move to try to get legislation as fast as possible is because I think I think this administration senses that there is a lot of trouble coming down this mountain.

Then Olbermann asked how the proposed law would protect Bush legally.

Turley: Well, he would retroactively define what he did not to be a violation. That’s pretty good if you are going to commit a violation of law, to go and get the legislature to retroactively say what you did was not a violation. But remember, the President stands accused of thirty felonies in the NSA controversy; many of us believe he committed felony crimes there. If now he’s going to be accused of intentionally and knowingly ordering serious violations of international law, it’s not going to go well for the United States. We’re already viewed as a rogue nation around the world. But here’s something the President most likely knew about and condoned.

Olbermann read a bit from this Washington Post editorial that explains what the Bush Administration wants:

[WaPo:] It wants authorization for the CIA to hide detainees in overseas prisons where even the International Committee of the Red Cross won’t have access. It wants permission to interrogate those detainees with abusive practices that in the past have included induced hypothermia and “waterboarding,” or simulated drowning. And it wants the right to try such detainees, and perhaps sentence them to death, on the basis of evidence that the defendants cannot see and that may have been extracted during those abusive interrogation sessions.

We might note that WaPo says “it” wants rather than “the President” wants.

The editorial is titled “A Defining Moment for America.” Olbermann asked Turley if this is indeed a defining moment, adding, “If the President gets his way, have we just become what the terrorists want us to become?”

Turley: Well, I’m afraid it would be, but this is really a redefining moment. You know, I always tell people — the president used that term as well — that our defining moment came in 1787, when we defined ourselves in a constitutional document that committed us to the rule of law. And what would happen here, if we embraced torture at the President’s invitation, would be to redefine ourselves, and we would become something that we have long fought against.

[Update: See also Billmon.]

If there is one point I would like to see written in the sky in 100-foot-high letters, it’s this: President Bush and his enablers went down this road not because they are strong, but because they are weak.

On last night’s Hardball — I believe it was last night — Jack Murtha told Chris Matthews that the fight over the proposed “permission to torture” legislation is going on between Administration civilians — the overwhelming majority of whom never served in uniform and have no personal experience with war — and the military. It’s Weenies versus Warriors, in other words, and Bush is the chief Weenie.

Most of the Bushies and the neocons generally are hothouse flowers who were either born into privilege or have been firmly entrenched in the power establishment for many years. They don’t know what real strength is; if you have power and privilege up the wazoo, bullying others around to get your way takes no strength at all. People who are physically and emotionally abusive of others are weak people who can’t control their own fears and impulses.

Bush and his followers think cruelty is “smart” and that people who hesitate to be cruel are weaklings. But time and time again, people with experience at war and intelligence; people who see the bigger picture; say that torture of prisoners and abuse of civilian populations is hurting our cause — assuming our cause is security and peace — more than helping it. I say that the torturers are the weak ones, because their actions are determined more by fear than by reason.

Bush and his followers think they are being “strong” by their cruelties and deceptions, which they hide in the dark, but in fact that is weakness. Strength involves keeping your integrity and being true to your principles no matter what the circumstances.

Indeed, if you toss your principles out the window as soon as they are less than expedient, they were never your principles to begin with.

Too many (although not all) “conservative” bloggers are siding with the torturers here. There’s something I want to say to them and to Captain Ed, in particular. He writes,

We have yet to fight against a wartime enemy that followed the GC with any consistency at all. The Germans routinely violated it even before Hitler began issuing orders to shoot captured pilots, and the massacre at Malmedy only crystallized what had been fairly brutal treatment at the hands of the Nazis for American prisoners (the Luftwaffe was one notable exception). The Japanese treatment of POWs was nothing short of barbaric, both before and after Bataan. The same is true for the North Koreans and the Chinese in the Korean War, and McCain himself is a routine example of the kind of treatment our men suffered at the hands of the Vietnamese.

I have in the past written about an uncle who was a POW of the Japanese from December 8, 1941 to August 1945. It’s true that the treatment of the POWs was cruel and barbaric. My cousin, David Faries, wrote his master’s thesis in military history about my uncle and other U.S. Marines who had been U.S. embassy guards in Peking when Japan attacked Pearl Harbor. Here’s a quote:

… at the time of the Guadalcanal Invasion in 1942, much of the Japanese populace believed that Americans tortured prisoners. Rumors circulated that the barbarians churned tanks over those Japanese captured in the Solomon Islands. These of course were untrue, but they were widely believed. Japan, unlike the United States, was not bound to treat its prisoners under international law because she failed to ratify the Geneva Convention articles on prisoners of war. Japan claimed, however, she would observe its stipulations.

The Vatican, of all places, broadcast to the world Japan’s kindness to its captives. Prisoners of war in Japan and Japanese occupied territory, the Holy City reported, received ample supplies of soap, cigarettes, and money to purchase other items from their captors. Those who knew the truth but were unable to speak because of their plight meanwhile learned to avoid the wrath of an Ishihara or to “stand fast or move fast” when suddenly face to face with a “menacing bayonet or rifle butt.” Behind the cold wire walked death, hatred, and hunger. [David Oran Faries, “Home Is My Only Destination: William Harold Thomas, North China Marine, 1940-1945″ (Master’s Thesis, Department of History, Western Illinois University, August 1985), pp. 69-70.]

In other words, the Japanese falsely believed Japanese prisoners were being treated barbarically by Americans, and they felt this gave them license to treat their American prisoners barbarically.

And now the American Right is following the same ghastly “logic”: They broke the rules first! Why do we have to be the ones who play by the rules? Only weaklings and children think that way.

We have to be the ones who play by the rules because that’s who we are. Or, at least, that’s who we used to be.

Update: Read Robert Kuttner in today’s Boston Globe:

My father was a machine gunner with the Army’s 28th Infantry Division, which was among the first units to march down the Champs-Elysées after the Allied liberation of Paris . In December 1944, having landed at Normandy and fought across France and Belgium, he was captured in the Battle of the Bulge, and sent hundreds of miles through northern Germany in an unheated boxcar in the dead of winter to a prison camp at Muhlberg in the east.

My father survived the war not because of the generosity of the Nazis to Jewish soldiers. The Germans must have been tempted to send captured Jewish American soldiers to Auschwitz along with Polish, German, and Dutch Jews and kindred human garbage. But they did not. My father survived because, amazingly, even the Nazis respected the reciprocal agreements on humane treatment of prisoners.

Not every enemy thinks this way, of course, but that doesn’t mean we have to become just like our worst enemies.

Spotlight

September 14, 2006

Yay, TEAM!

Filed under: Bush Administration, Religion, torture, War on Terror — maha @ 12:38 pm

Peter Baker wrote in yesterday’s Washington Post:

President Bush said yesterday that he senses a “Third Awakening” of religious devotion in the United States that has coincided with the nation’s struggle with international terrorists, a war that he depicted as “a confrontation between good and evil.”

Bush told a group of conservative journalists that he notices more open expressions of faith among people he meets during his travels, and he suggested that might signal a broader revival similar to other religious movements in history. Bush noted that some of Abraham Lincoln’s strongest supporters were religious people “who saw life in terms of good and evil” and who believed that slavery was evil. Many of his own supporters, he said, see the current conflict in similar terms.

“A lot of people in America see this as a confrontation between good and evil, including me,” Bush said during a 1 1/2 -hour Oval Office conversation on cultural changes and a battle with terrorists that he sees lasting decades. “There was a stark change between the culture of the ’50s and the ’60s — boom — and I think there’s change happening here,” he added. “It seems to me that there’s a Third Awakening.”

It’s my understanding that the business of dividing the Cosmos up into Good and Evil started with Zoroaster, a guy who (probably) lived sometime between the 18th and 6th centuries BCE in that part of the world we now call Iran. The notion that Good and Evil will duke it out in a final Judgment Day battle, plus most popular beliefs about angels and demons, are Zoroastrian in origin, also. Here’s a pretty good article about Zoroastrian influences on right-wing Christianity, from CounterPunch.

The President’s assumption that “religious devotion” somehow depends on accepting Zoroastrian dualities is, IMO, a tad peculiar. It also reveals a deep and vast ignorance of the spectrum of human philosophies, experiences, and practices that might be considered “religious.” But that’s another post.

As near as I can figure, this view of good-evil duality sees Good and Evil as distinctive forces or powers, and people are said to be “good” or “evil” not because of what they do, but because of which side they root for. I say this because of what Bob Herbert wrote in his column today.

The invasion of Iraq marked the beginning of the change in the American character. During the Cuban missile crisis, when the hawks were hot for bombing — or an invasion — Robert Kennedy counseled against a U.S. first strike. That’s not something the U.S. would do, he said.

Fast-forward 40 years or so and not only does the U.S. launch an unprovoked invasion and occupation of a small nation — Iraq — but it does so in response to an attack inside the U.S. that the small nation had nothing to do with.

Who are we?

Why, we’re the Good team! And we had to go to Iraq to get Saddam Hussein, who was a major player with the Evil team. If the invasion, directly or indirectly, ends up causing as much death or suffering as Saddam did, that’s a mere technicality. In BushWorld, actions or consequences don’t have anything to do with who is Good or who is Evil.

Another example: There was a time, I thought, when there was general agreement among Americans that torture was beyond the pale. But when people are frightened enough, nothing is beyond the pale. And we’re in an era in which the highest leaders in the land stoke — rather than attempt to allay — the fears of ordinary citizens. Islamic terrorists are equated with Nazi Germany. We’re told that we’re in a clash of civilizations.

Clearly, Herbert does not understand the nature of Good or Evil. When you’re playing against Evil, rules and principles are for wimps. And appeasers. It’s OK to do terrible things in the name of defeating Evil. What’s not OK is disloyalty to the Good team.

If, as President Bush says, we’re engaged in “the decisive ideological struggle of the 21st century,” why isn’t the entire nation mobilizing to meet this dire threat?

That’s an excellent question that I wish someone would press Bush to answer. Another question is, how do you win an ideological struggle by military means? Bush’s rhetoric notwithstanding, World War II was not a struggle between ideologies but among nations. Most people chose sides in that conflict based on loyalty to their nations, not to a belief system. Victory was achieved not by changing peoples’ minds but by compelling the enemy nations to surrender.

The president put us on this path away from the better angels of our nature, and he has shown no inclination to turn back. Lately he has touted legislation to try terror suspects in a way that would make a mockery of the American ideals of justice and fairness. To get a sense of just how far out the administration’s approach has been, consider the comments of Brig. Gen. James Walker, the top uniformed lawyer for the Marines. Speaking at a Congressional hearing last week, he said no civilized country denies defendants the right to see the evidence against them. The United States, he said, “should not be the first.”

And Senator Lindsey Graham, a conservative South Carolina Republican who is a former military judge, said, “It would be unacceptable, legally, in my opinion, to give someone the death penalty in a trial where they never heard the evidence against them.”

How weird is it that this possibility could even be considered?

I’ll tell you how weird it is; it’s so weird that the Right Blogosphere isn’t discussing it at all. So far, based on google and technorati searches, I don’t believe anyone’s come up with talking points to support executing someone without producing evidence at trial.

If Bush continues to push this issue, however, team loyalty will inspire expedient frames and phrases eventually. And if the Good Team is doing it, it can’t be Evil.

The character of the U.S. has changed. We’re in danger of being completely ruled by fear. Most Americans have not shared the burden of the wars in Iraq and Afghanistan. Very few Americans are aware, as the Center for Constitutional Rights tells us, that of the hundreds of men held by the U.S. in Guantánamo Bay, Cuba, many “have never been charged and will never be charged because there is no evidence justifying their detention.”

Even fewer care.

We could benefit from looking in a mirror, and absorbing the shock of not recognizing what we’ve become.

On the Right, of course, there’s a hazy faith that if someone’s being held at Guantanamo there must be a good reason. However, I have said before, and I still believe, that someday when the full story of Guantanamo is told, a whole lot of Americans are going to be shocked and sickened and want to know why no one spoke out sooner.

And some of us will say, we did speak out. Why didn’t you listen sooner?

Spotlight

September 9, 2006

Tough Interrogation

Filed under: Bush Administration, torture — maha @ 10:44 pm

David Johnston provides us with a look at the “tough interrogation” that isn’t torture in tomorrow New York Times. Apparently, what Bush said in his speech of September 6 about “tough” interrogation may not have been, um, accurate.

The basic story: Abu Zubaydah, thought to be a pivotal figure in al Qaeda, was captured on March 28, 2002. After his capture, initially he was questioned by FBI agents using standard techniques. The Bush Administration decided Zubaydah wasn’t spilling enough beans, so by authority of President Bush the CIA took him in hand and got tougher.

The Bush Administration version of history says that the CIA’s more aggressive questioning provided better information. President Bush said in his speech of September 6, 2006:

Within months of September the 11th, 2001, we captured a man known as Abu Zubaydah. We believe that Zubaydah was a senior terrorist leader and a trusted associate of Osama bin Laden. Our intelligence community believes he had run a terrorist camp in Afghanistan where some of the 9/11 hijackers trained, and that he helped smuggle al Qaeda leaders out of Afghanistan after coalition forces arrived to liberate that country. Zubaydah was severely wounded during the firefight that brought him into custody — and he survived only because of the medical care arranged by the CIA.

After he recovered, Zubaydah was defiant and evasive. He declared his hatred of America. During questioning, he at first disclosed what he thought was nominal information — and then stopped all cooperation. Well, in fact, the “nominal” information he gave us turned out to be quite important. For example, Zubaydah disclosed Khalid Sheikh Mohammed — or KSM — was the mastermind behind the 9/11 attacks, and used the alias “Muktar.” This was a vital piece of the puzzle that helped our intelligence community pursue KSM.

So far, so good. This agrees with what Johnston writes:

According to accounts from five former and current government officials who were briefed on the case, F.B.I. agents — accompanied by intelligence officers — initially questioned him using standard interview techniques. They bathed Mr. Zubaydah, changed his bandages, gave him water, urged improved medical care, and spoke with him in Arabic and English, languages in which he is fluent.

(Zubaydah had been wounded in the abdomen and groin during his capture.)

To convince him they knew details of his activities, the agents brought a box of blank audiotapes which they said contained recordings of his phone conversations, but were actually empty. As the F.B.I. worked with C.I.A. officers who were present, Mr. Zubaydah soon began to provide intelligence insights into Al Qaeda. …

In his early interviews, Mr. Zubaydah had revealed what turned out to be important information, identifying Khalid Shaikh Mohammed — from a photo on a hand-held computer — as the chief planner of the Sept. 11 attacks.

Returning to Bush’s speech:

Abu Zubaydah also provided information that helped stop a terrorist attack being planned for inside the United States — an attack about which we had no previous information. Zubaydah told us that al Qaeda operatives were planning to launch an attack in the U.S., and provided physical descriptions of the operatives and information on their general location. Based on the information he provided, the operatives were detained — one while traveling to the United States.

The “one” was our old pal Jose Padilla. Johnston writes:

Mr. Zubaydah also identified Jose Padilla, an American citizen who has been charged with terrorism-related crimes.

But Mr. Zubaydah dismissed Mr. Padilla as a maladroit extremist whose hope to construct a dirty bomb, using conventional explosives to disperse radioactive materials, was far-fetched. He told his questioners that Mr. Padilla was ignorant on the subject of nuclear physics and believed he could separate plutonium from nuclear material by rapidly swinging over his head a bucket filled with fissionable material.

Padilla was arrested in May 2002. A month later, Attorney General John Ashcroft announced the arrest using Padilla’s Muslim name:

We have captured a known terrorist who was exploring a plan to build and explode a radiological dispersion device, or “dirty bomb,” in the United States. … Let me be clear: We know from multiple independent and corroborating sources that Abdullah Al Muhajir was closely associated with al Qaeda and that as an al Qaeda operative he was involved in planning future terrorist attacks on innocent American civilians in the United States.

However, at the moment Padilla is under indictment for conspiracy to provide material support for terrorists, and providing material support for terrorists. It turns out he wasn’t such a big deal, which is probably why Bush didn’t mention him by name.

Back to Bush’s speech:

We knew that Zubaydah had more information that could save innocent lives, but he stopped talking. As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures. These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used — I think you understand why — if I did, it would help the terrorists learn how to resist questioning, and to keep information from us that we need to prevent new attacks on our country. But I can say the procedures were tough, and they were safe, and lawful, and necessary.

Johnston describes what the CIA did to Zubaydah:

Abu Zubaydah, the first Osama bin Laden henchman captured by the United States after the terrorist attacks of Sept. 11, 2001, was bloodied and feverish when a C.I.A. security team delivered him to a secret safe house in Thailand for interrogation in the early spring of 2002. Bullet fragments had ripped through his abdomen and groin during a firefight in Pakistan several days earlier when he had been captured.

The events that unfolded at the safe house over the next few weeks proved to be fateful for the Bush administration. Within days, Mr. Zubaydah was being subjected to coercive interrogation techniques — he was stripped, held in an icy room and jarred by earsplittingly loud music — the genesis of practices later adopted by some within the military, and widely used by the Central Intelligence Agency in handling prominent terrorism suspects at secret overseas prisons. …

…At times, Mr. Zubaydah, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaydah seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers. Sometimes, the interrogator would use simpler techniques, entering his cell to ask him to confess.

“You know what I want,” the interrogator would say to him, according to one official’s account, departing leaving Mr. Zubaydah to brood over his answer.

F.B.I. agents on the scene angrily protested the more aggressive approach, arguing that persuasion rather than coercion had succeeded. But leaders of the C.I.A. interrogation team were convinced that tougher tactics were warranted and said that the methods had been authorized by senior lawyers at the White House.

Was this necessary? Bush claims that the more aggressive techniques squeezed information out of Zubaydah that brought about the capture of Khalid Sheikh Mohammed. But some of Johnston sources say that the CIA didn’t get anything useful out of Zubaydah.

Some former and current government officials briefed on the case, who were more closely allied with law enforcement, said Mr. Zubaydah cooperated with F.B.I. interviewers until the C.I.A. interrogation team arrived. They said that Mr. Zubaydah’s resistance began after the agency interrogators began using more stringent tactics.

Other officials, more closely tied to intelligence agencies, dismissed that account, saying that the C.I.A. had supervised all interviews with Mr. Zubaydah, including those in which F.B.I. agents asked questions. These officials said that he proved a wily adversary. “He was lying, and things were going nowhere,” one official briefed on the matter said of the early interviews. “It was clear that he had information about an imminent attack and time was of the essence.”

Several officials said the belief that Mr. Zubaydah might have possessed critical information about a coming terrorist operation figured significantly in the decision to employ tougher tactics, even though it later became apparent he had no such knowledge.

The Bush Administration version of the story is different:

Mr. Bush on Wednesday acknowledged the use of aggressive interview techniques, but only in the most general terms. “We knew that Zubaydah had more information that could save innocent lives, but he stopped talking,” Mr. Bush said. He said the C.I.A. had used “an alternative set of procedures’’ after it became clear that Mr. Zubaydah “had received training on how to resist interrogation. …

… “As the president has made clear, the fact of the matter is that Abu Zubaydah was defiant and evasive until the approved procedures were used,” one government official said. “He soon began to provide information on key Al Qaeda operators to help us find and capture those responsible for the 9/11 attacks.”

This official added, “When you are concerned that a hard-core terrorist has information about an imminent threat that could put innocent lives at risk, rapport-building and stroking aren’t the top things on your agenda.”

Reading between the lines — it sounds as if the early FBI interrogations were going perfectly well, but the Bushies decided to Zubaydah must know more, and so they squeezed him. But whatever they got by squeezing turned out to be useless. Of course, it might be that the FBI is just complaining because the CIA took over their turf.

But according to Ron Suskind, the CIA’s methods obtained information on plots that did not exist. After the September 6 speech Suskind, the author of The One Percent Solution, was interviewed by Alex Koppelman for Salon.

I don’t think that the president contradicted anything that’s in the book. I say in the book that we did get some things of value from Abu Zubaydah. We found out that “Muktar” — the brain, that’s what it means in Arabic — was Khalid Sheik Mohammed. That was valuable for a short period of time for us. We were then able to go through the SIGINT [signal intelligence], the electronic dispatches over the years, and say, “OK, that’s who ‘Muktar’ is.” Zubaydah, of course, is showing up on signal intelligence as Zubaydah.

Also, we essentially said, “You’ve got to give us a body, somebody we can go get,” and he gave us [Jose] Padilla. Padilla turned out to not be nearly as valuable as advertised at the start, though, and I think that’s been shown in the ensuing years. So that’s what we got from Zubaydah.

At the same time, I think we oversold [Zubaydah’s] value — the administration did — to the American public. That’s indisputable. As well, what folks inside the CIA and FBI were realizing, even as the president and others inside the administration were emphasizing the profound malevolence and value strategically to the capture of Zubaydah, is that Zubaydah is psychologically imbalanced, he has multiple personalities. And he was not involved in various events that we thought he was involved in. During various bombings in the late ’90s, he was not where we thought he would be. That’s shown in the diaries, where he goes through long lists of quotidian, nonsensical details about various people and what they’re doing, folks that he’s moving around, getting plane tickets for and serving tea to, all in the voices of three different characters; page after page of his diary, filled, including on dates where, I’m trying to think, it was either the Khobar Towers or the Cole, where we thought he was involved in the bombing and he clearly wasn’t.

So that’s the real story of Zubaydah, more complicated than the administration would like, and maybe more complicated than the president at this point feels comfortable saying in an election season. It’s one of the many instances where you could shine a light through this prism and see an awful lot about some of the dilemmas of the war on terror.

In the case of Zubaydah, when it comes to some of the harsh interrogation tactics he was put through, what occurred then was that he started to talk. He said, as people will, anything to make the pain stop. And we essentially followed every word and various uniformed public servants of the United States went running all over the country to various places that Zubaydah said were targets, and were not.

Ultimately, we tortured an insane man and ran screaming at every word he uttered.

What about the valuable information the CIA got from Zubaydah by being tough, according to Bush? In the same interview, Suskind says the information used to capture Khalid Sheik Mohammed came (voluntarily!) from the Emir of Qatar, not Zubaydah.

Right now, as you know, Bush is pushing Congress to ratify the continued use of secret military tribunals at Guantanamo and whatever else Bush wants to do with prisoners. Suskind says the Bushies actually have figured out that the really nasty stuff, like waterboarding, doesn’t work, but they won’t admit this in public. Personally, I’d like to tell the President that I’ll be happy to let him do whatever he wants to get truthful information out of prisoners, but only after we citizens start to get truthful information out of him.

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