Later On

A blog written for those whose interests more or less match mine.

Torture: No One Said No

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David Cole has a good column in the NY Review of Books:

Who bears ultimate responsibility for the US torture program? The report by the Senate Select Committee on Intelligence, released in December, told us much about how the program was implemented and carried out: it was fundamentally ill-conceived, poorly managed, and led to grievous abuses of basic human rights with little or no accountability. Yet the Senate report focused almost exclusively on the CIA, and despite intense debate about it in Washington and in the press, remarkably little was said about the responsibility of the Bush administration itself. In this regard, a separate, largely overlooked trove of newly declassified documents, mostly internal CIA records of correspondence with White House officials and lawyers, is particularly revealing.

The documents, which were uploaded to a mysterious website by the name of ciasavedlives.com, provide dramatic new details about the direct involvement of senior Bush administration officials in the CIA’s wrongs. They were apparently declassified by the CIA at the request of former director George Tenet, who presumably hoped they would help defend his record as director during the agency’s descent into torture. But they hardly exculpate the agency. Rather, they show an extended conspiracy between the CIA and administration officials that played out for the duration of the program, in which the agency leadership repeatedly asked for approval for patently illegal interrogation methods, and repeatedly got “yes” for an answer. This is the record of an agency with a guilty conscience, and of multiple high-level officials and lawyers eager to enable it at every turn.

Even though the program had been approved at its outset by National Security Adviser Condoleezza Rice in July 2002 and by Attorney General John Ashcroft in August 2002, the slightest hint that the Bush administration might actually be committed to avoiding torture or inhumane treatment caused the CIA to panic. Bush administration lawyers had determined that the methods the agency was using to induce detainees to talk—including waterboarding, extended sleep deprivation, slamming into walls, and painful stress positions—were not torture and did not violate the prohibition on cruel, inhuman, and degrading treatment. But the agency acted as if it couldn’t quite believe it. It kept returning to the White House and the DOJ asking them to say, yet again, that the agency could do what it had already been told it could do.

Again and again, the agency’s concerns were triggered by official statements by the Bush administration suggesting that the US does not mistreat its prisoners. The first concerns arose in late 2002, after the program had been fully approved. Scott Muller, then general counsel of the CIA, worried that the program might conflict with a February 2002 memo from President Bush entitled “Humane Treatment of al Qaeda and Taliban Detainees.” In that memo, Bush had proclaimed that the Geneva Conventions, which require humane treatment of all wartime detainees, did not apply to al-Qaeda or the Taliban, but stated that “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely.”

In December 2002, Muller twice asked John Bellinger, counsel to National Security Adviser Rice, whether this posed a problem for the CIA’s continuing program. Bellinger twice told Muller not to worry, assuring him that the CIA’s techniques were “consistent with the President’s direction as reflected in the February Memo,” and urging him to speak to Justice Department lawyer John Yoo about it. Yoo, who with Jay Bybee wrote the initial Justice Department memo approving of the CIA’s interrogation tactics in August 2002, concurred, and told Muller that the February memo “had been deliberately limited to be binding only on ‘the Armed Forces’ which did not include the CIA.”

Early the next year, in January 2003, Muller again raised the issue in a meeting with four top legal officials for the Bush administration—White House Counsel Alberto Gonzales, Counsel to the Vice-President David Addington, Defense Department General Counsel Jim Haynes, and Yoo. Again, Addington and Gonzales reassured Muller, confirming that the commitment to humane treatment did not apply to the CIA. Tellingly, no one suggested that the CIA’s tactics were actually “humane”; rather, they insisted that only the Armed Forces, and not the CIA, were bound to treat detainees humanely.

All of these reassurances were not enough, however. The CIA came back for more in July 2003. This time its anxiety was the result of three events in the last week of June 2003. DOD General Counsel Haynes had written a letter to Senator Pat Leahy, stating that “United States policy is to treat all detainees and conduct all interrogations, wherever they may occur, in a manner consistent with” the US’s international treaty commitment to prevent “cruel, inhuman, and degrading treatment.” The administration had issued a press release on International Day in Support of Victims of Torture that condemned “cruel” treatment of detainees. And a White House press officer had said that US government detainees were being treated “humanely.” Tenet promptly wrote a memo to Rice asking the administration to reaffirm its commitment to the CIA interrogation program in light of, or more properly, in spite of, these statements.

The implicit predicate of Tenet’s request is that what the CIA was doing was in fact cruel and inhumane, and therefore not in keeping with the administration’s representations. But in a meeting on July 29, 2003, attended by Tenet, Muller, Vice President Cheney, Rice, Ashcroft, Gonzales, Bellinger, and Justice Department lawyer Patrick Philbin, the CIA was again told not to worry. Vice President Cheney was apparently aghast, not at the program, but at the press. . .

Continue reading.

Written by LeisureGuy

5 March 2015 at 2:45 pm

One Response

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  1. Reblogged this on Brian By Experience.

    Brian Dead Rift Webb

    5 March 2015 at 8:51 pm


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