“Miscreants Escaping Accountability”: The Senate Torture Report; Crimes Without Punishment
With the release of the Senate Select Committee on Intelligence report on the use of torture by the Central Intelligence Agency after 9/11, the final defense of the indefensible by its perpetrators, advocates, and publicists is falling apart before our eyes.
Not only did “enhanced interrogation,” the Nazi euphemism adopted by the Bush-Cheney administration, employ methods outlawed and prosecuted by our country for more than a century, such as waterboarding; and not only did those “activities,” as Dick Cheney called them, violate American law, the Constitution, the Geneva Conventions, and the conventions on torture; but we now know with great certainty that the agency executed this secret program with horrific incompetence — and that it produced nothing of significant value.
Indeed, the Senate Intelligence report concludes, contrary to the boasting of Cheney and many others, that torture was proved “not an effective means of gathering intelligence,” let alone saving millions of Americans from jihadi plots, and actually “complicated and in some cases impeded the national security missions.” The overseers of the torture program, themselves of dubious competence, were unable even to assess the impact or effectiveness of their orders.
As Micah Zenko of the Council on Foreign Relations points out, the CIA itself has admitted, in its otherwise aggressive response to the SSCI, that it lacked the “structure, expertise, and methodologies” to “systematically evaluate the effectiveness of our covert programs. They literally didn’t know what they were doing. But they were doing grave damage to themselves and to us.
Unavoidably, the Senate Intelligence report dwells on the details of these true nightmares, revealing facts that anyone would regret learning: the “rectal rehydration” of detainees by shoving food up the wrong way, with the infliction of excruciating pain; the “black sites” where detainees were held for months in total darkness, loud music constantly playing, and only a bucket for their waste; the cells where detainees suffered such freezing temperatures that at least one died of hypothermia overnight; the beatings, the near-drownings, the constant infliction of pain, hunger, and threats of rape and murder.
According to the report, some episodes of interrogation were so blatantly sadistic and so obviously criminal that the men who witnessed them actually wept. More than one officer broke down and fled, through retirement or transfer, while the White House and the Pentagon continued to lie about the extent – and the supposed necessity – of these unprecedented crimes. Those lies were designed to prevent investigations or oversight from revealing the horrific facts that are now emerging.
Yet despite a long and ongoing cover-up –and notwithstanding the specific revelations highlighted in the report – the basic outline has been known since 2009, when portions of the CIA inspector general’s report on torture were released by the Obama Justice Department in 2009.
Back then, the spy agency’s own investigation – in the words of a Bush appointee and torture enthusiast — “[found it] difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks.” In other words, the agency could never prove any instance when the sole justification for these gross violations of US and international law – breaking up a plot targeting American lives – had been fulfilled since 9/11. And unsurprisingly, that is still the case.
The searing issue we now confront, as a society governed by law, is that these lawbreakers will not be prosecuted or even required to testify publicly about their grave offenses. The Obama administration is apparently willing to expose their lawlessness, but unable to do anything to punish it. Even the executive director of the American Civil Liberties Union, Anthony Romero, has abandoned any hope of prosecutions, noting that the torturers have in effect been pardoned. Romero has urged President Obama to make those pardons official – which would at least stamp the actions of the torturers and their accomplices as crimes.
What we have needed for years, but evidently will never get, is a truth and reconciliation process that might have granted freedom from prosecution to witnesses who testified publicly, honestly, and completely about the crimes of the Bush administration. Instead, those miscreants will escape accountability altogether – except in the pages of history, where the Senate Intelligence report will indict them over and over again.
By: Joe Conason, The National Memo, December 10, 2014
“All Were In The Moral Sewer”: Don’t Let The Bush Administration Off The Hook For Torture
There’s a new report out today from McClatchey on the CIA’s torture program based on that Intelligence Committee report. They got a closer look at it than journalists have before, so there are some more details. But there’s a danger in how this could be interpreted that will serve to let people who were complicit in the torture program off the hook, so we need to be careful about how we deal with this information. But first, here are their bullets:
- The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters.
- The agency impeded effective White House oversight and decision-making regarding the program.
- The CIA actively evaded or impeded congressional oversight of the program.
- The agency hindered oversight of the program by its own Inspector General’s Office.
And now to put this in context:
The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.
The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
“The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.
Several human rights experts said the conclusion called into question the program’s legal foundations.
“Proper legal analysis” my ass. This paints a picture that is completely at odds with everything else we know about what was going on in the Bush administration at the time. The report would have us believe that Bush administration lawyers came up with a reasonable, well-grounded definition of torture that allowed the CIA to interrogate people in an “enhanced” way, but the CIA went rogue and tortured their prisoners. I’m sorry, but that’s a joke.
The truth was this: the administration wanted to torture people. Lawyers in the White House Counsel’s office, then run by Alberto Gonzales, wrote a series of memos justifying it, using positively laughable logic and arguments sending a clear message to any official who might have a prisoner in their custody that you could do just about anything you wanted to him, and we’ll back you up by saying it wasn’t really “torture.” For instance, the infamous “Bybee memo” argued that it’s only torture if you’re acting with “specific intent” to cause pain and suffering, and if the causing of pain and suffering isn’t the intent for its own sake, but rather that using the pain and suffering to extract information is your intent, then presto, you’ve only tortured with “general intent,” and therefore you haven’t actually tortured. Bybee also wrote that though the statute forbidding torture mentioned the infliction of “severe” pain, we could construe pain to be “severe” only if it rose “to the level of death, organ failure, or the permanent impairment of a significant bodily function.” In other words, if I take a pair of pliers and tear out your fingernails, then I haven’t actually inflicted “severe” pain on you, because you’re still alive, your organs are intact, and you can still use your fingers. And therefore there hasn’t been any torture.
And that wasn’t even the only one; there was another infamous memo from John Yoo arguing that, in effect, if the president orders it, it’s not torture. This is the kind of “legal guidance” the CIA was getting from the White House. So the idea that they just went too far and exceeded the legal justification for what they were doing is baloney. The CIA may have been lying about what kinds of intelligence the torture was yielding, and they may even have been lying about exactly what methods they were employing. But everything they did—every waterboarding session, every use of stress positions, every use of sleep deprivation, and even every impromptu beat-down that may have occurred—happened because George W. Bush, through the lawyers who reported to him, told the CIA that it was A-OK to torture prisoners.
Bureaucratic conflicts between agencies are certainly of interest to historians. But the last thing we should ever do is let a report like this make us absolve anyone of responsibility for the torture program. The President, the Vice-President, the lawyers, the CIA—they all dove into that moral sewer together.
By: Paul Waldman, Contributing Editor, The American Prospect, April 11, 2014
“Macho Chest-Thumping Myth”: Sorry, Dick Cheney, Torture Doesn’t Work
I’ve written a couple posts now predicting that a Senate report on the CIA’s interrogation practices during the Bush years would show that the CIA’s foray into torture just didn’t work. Also, that the CIA lied about the effectiveness of waterboarding and other controversial techniques. Now we have a test of that prediction — not the Intelligence Committee report itself, which is still under wraps, but a bombshell in the Washington Post that quotes people with firsthand knowledge of the report. Lo and behold:
A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.
The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.
“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”
Importantly, the Senate report apparently also recommends no prosecution for these war crimes. That’s depressing, if not very surprising.
You might be wondering: How was I so prescient? In fact, I deserve no credit: that torture during the Bush era yielded no valuable intelligence was completely obvious from the beginning, despite what Dick Cheney might have you believe. All you had to do was pay attention to people who have studied torture carefully. Darius Rejali, a professor at Reed College, did just that in his masterpiece Torture and Democracy (see here and here). Rejali found that torture is good for two things: intimidation and extracting false confessions. As an intelligence-gathering mechanism, it’s much worse than worthless. You get no good intelligence, while what you do get is decidedly bad, including a corrosion of the legitimacy of security agencies and a weakening of the foundation of liberal democracy itself.
Micah Zenko makes a good point that the major issue when it comes to torture is that it is blatantly illegal, immoral, and unethical. He’s right that the rule of law — not to mention basic decency — ought to land every torturer in federal prison.
But it would be a mistake to ignore the fact that it is also ineffective. The ethos of the Bush-era CIA was “know-nothingism,” as Paul Krugman put it at The New York Times, “the insistence that there are simple, brute-force, instant-gratification answers to every problem, and that there’s something effeminate and weak about anyone who suggests otherwise.” These national security officials see themselves as the hard-headed tough guys who won’t let the pathetic moral qualms of liberal cowards keep them from doing the dirty work that keeps us safe. (This is a real-life version of Jack Nicholson’s famous “You can’t handle the truth!” scene in A Few Good Men.) Breaking the law, then, is a Badge of Seriousness, of a willingness to do what is necessary no matter the cost.
It’s critically important, therefore, to break forever this macho chest-thumping myth. Anyone who advocates torture shouldn’t be met only with moral condemnation, but also contemptuous jeers for being such a naive dupe. The members of the CIA torture cabal aren’t tough. They aren’t keeping us safe. They are a pack of incompetents who don’t know what they’re doing.
By: Ryan Cooper, The Week, April 1, 2014
“The Decider’s Poor Decisions”: George W Bush’s Legacy Keeps Getting Worse
In retrospect, George W. Bush’s legacy doesn’t look as bad as it did when he left office. It looks worse.
I join the nation in congratulating Bush on the opening of his presidential library in Dallas. Like many people, I find it much easier to honor, respect and even like the man — now that he’s no longer in the White House.
But anyone tempted to get sentimental should remember the actual record of the man who called himself The Decider. Begin with the indelible stain that one of his worst decisions left on our country’s honor: torture.
Hiding behind the euphemism “enhanced interrogation techniques,” Bush made torture official U.S. policy. Just about every objective observer has agreed with this stark conclusion. The most recent assessment came this month in a 576-page report from a task force of the bipartisan Constitution Project, which stated that “it is indisputable that the United States engaged in the practice of torture.”
We knew about the torture before Bush left office — at least, we knew about the waterboarding of three “high-value” detainees involved in planning the 9/11 attacks. But the Constitution Project task force — which included such figures as Asa Hutchinson, who served in high-ranking posts in the Bush administration, and William Sessions, who was FBI director under three presidents — concluded that other forms of torture were used “in many instances” in a manner that was “directly counter to values of the Constitution and our nation.”
Bush administration apologists argue that even waterboarding does not necessarily constitute torture and that other coercive — and excruciatingly painful — interrogation methods, such as putting subjects in “stress positions” or exposing them to extreme temperatures, certainly do not. The task force strongly disagreed, citing U.S. laws and court rulings, international treaties and common decency.
The Senate intelligence committee has produced, but refuses to make public, a 6,000-page report on the CIA’s use of torture and the network of clandestine “black site” prisons the agency established under Bush. One of President Obama’s worst decisions upon taking office in 2009, in my view, was to decline to convene some kind of blue-ribbon “truth commission” to bring all the abuses to light.
It may be years before all the facts are known. But the decision to commit torture looks ever more shameful with the passage of time.
Bush’s decision to invade and conquer Iraq also looks, in hindsight, like an even bigger strategic error. Saddam Hussein’s purported weapons of mass destruction still have yet to be found; nearly 5,000 Americans and untold Iraqis sacrificed their lives to eliminate a threat that did not exist.
We knew this, of course, when Obama became president. It’s one of the main reasons he was elected. We knew, too, that Bush’s decision to turn to Iraq diverted focus and resources from Afghanistan. But I don’t think anyone fully grasped that giving the Taliban a long, healing respite would eventually make Afghanistan this country’s longest or second-longest war, depending on what date you choose as the beginning of hostilities in Vietnam.
And it’s clear that the Bush administration did not foresee how the Iraq experience would constrain future presidents in their use of military force. Syria is a good example. Like Saddam, Bashar al-Assad is a ruthless dictator who does not hesitate to massacre his own people. But unlike Saddam, Assad does have weapons of mass destruction. And unlike Saddam, Assad has alliances with the terrorist group Hezbollah and the nuclear-mad mullahs in Iran.
I do not advocate U.S. intervention in Syria, because I fear we might make things worse rather than better. But I wonder how I might feel — and what options Obama might have — if we had not squandered so much blood and treasure in Iraq.
Bush didn’t pay for his wars. The bills he racked up for military adventures, prescription-drug benefits, the bank bailout and other impulse purchases helped create the fiscal and financial crises he bequeathed to Obama. His profligacy also robbed the Republican Party establishment of small-government credibility, thus helping give birth to the tea party movement. Thanks a lot for that.
As I’ve written before, Bush did an enormous amount of good by making it possible for AIDS sufferers in Africa to receive antiretroviral drug therapy. This literally saved millions of lives and should weigh heavily on one side of the scale when we assess The Decider’s presidency. But the pile on the other side just keeps getting bigger.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 25, 2013
“Defending Enhanced Interrogation”: The Question Torture Apologists Can’t Answer
There may not be much point in trying to relitigate the torture question from the Bush years, but every once in a while that era’s torture apologists come back around to make their case, and there is one vital question I’ve never heard any of them answer: How do the defender’s of “enhanced interrogation” (perhaps the most vulgar euphemism since “ethnic cleansing”) define torture? I’ll explain more in a moment, but this was prompted by an op-ed in Sunday’s Washington Post about the film Zero Dark Thirty by Jose Rodriguez, a CIA officer who has defended the administration’s torture program on many occasions. Since I haven’t seen the film I can’t say anything about the way it depicts torture, but Rodriguez takes the opportunity to say this: “I was intimately involved in setting up and administering the CIA’s ‘enhanced interrogation’ program, and I left the agency in 2007 secure in the knowledge not only that our program worked — but that it was not torture.” And why aren’t the things the CIA did—which included waterboarding, sleep deprivation, and the use of “stress positions,” which are used to cause excruciating pain without leaving a mark—torture? Here’s the closest Rodriguez comes to an explanation:
Detainees were given the opportunity to cooperate. If they resisted and were believed to hold critical information, they might receive — with Washington’s approval — some of the enhanced techniques, such as being grabbed by the collar, deprived of sleep or, in rare cases, waterboarded. (The Justice Department assured us in writing at the time that these techniques did not constitute torture.) When the detainee became compliant, the techniques stopped — forever.
You see, they had a memo saying that what they were doing wasn’t torture, so there you go. And when the detainee became compliant, they stopped! It obviously can’t be torture if it ends when the subject is broken, right?
Here’s the question I’ve never heard someone like Rodriguez answer: Can you give a definition of torture that wouldn’t include waterboarding, stress positions, and sleep deprivation? I have no idea what such a definition might be, and I have to imagine that if they had any idea they would have offered one. Because here’s the definition of torture you’d think everyone could agree on: Torture is the infliction of extreme suffering for the purpose of extracting information or a confession. That’s not too hard to understand. The point is to create such agony that the subject will do anything, including give you information he’d prefer not to give you, to make the suffering stop. That’s the purpose of waterboarding, that’s the purpose of sleep deprivation (which, by the way, has been described by those subjected to it in places like the Soviet gulag to be worse than any physical pain they had ever experienced), and that’s the purpose of stress positions. The “enhanced” techniques that were used weren’t meant to trick detainees or win them over, they were meant to make them suffer until they begged for mercy.
So to repeat: If what the Bush administration did wasn’t torture, how would its apologists define the term?
By: Paul Waldman, Contributing Editor, The American Prospect, January 7, 2013
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