The Last Letter March 20, 2013Posted by rogerhollander in Dick Cheney, George W. Bush, Imperialism, Iraq and Afghanistan, War.
Tags: Dick Cheney, George Bush, Iraq, Iraq invasion, iraq veteran, Iraq war, roger hollander, tomas young, U.S. imperialism
add a comment
Roger’s note: I want you to picture Bush and Cheney reading this letter. Notice the arrogance, the smugness, the disgusting grins as they dismiss these heartfelt letter with less concern than they would flicking an annoying fly of the table. They are impervious to moral criticism, they act with virtually complete impunity. It is frustrating, it is infuriating that so much power is in the hands of such reduced human beings. It is our present reality. They coined the phrase “axis of evil.” Ironic.
“How many times can a man turn his head and pretend that he just doesn’t see?” Bob Dylan
A Message to George W. Bush and Dick Cheney From a Dying Veteran
To: George W. Bush and Dick Cheney
From: Tomas Young
I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.
I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.
I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.
Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.
I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.
|To read Chris Hedges’ recent interview with Tomas Young, click here.|
I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.
I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.
My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness.
Obama Channels Cheney’s Geopolitical Energy Policy June 21, 2012Posted by rogerhollander in Barack Obama, Dick Cheney, Energy, Environment, Nuclear weapons/power.
Tags: china policy, coal, Dick Cheney, energy, energy policy, energy politics, environment, fracking, gas, geopolitics, haliburton, hudro-fracking, michael t. klare, nuclear, Obama policy, offshore drilling, oil, oil exploration, oil industry, roger hollander
add a comment
Roger’s note: Back in the fall of 2008, after the election and before the inauguration, I wrote an essay entitled “Plus ça change you can believe in.” Obama has not disappointed this cynical prediction. I would not have thought that he would have out Bushed Bush on warmongering, but there is no surprise that he is loyal to the big money (despite the phony claim of small contributors) that put him in office.
Published on Thursday, June 21, 2012 by TomDispatch.com
Four Ways the President Is Pursuing Cheney’s Geopolitics of Global Energy
As details of his administration’s global war against terrorists, insurgents, and hostile warlords have become more widely known — a war that involves a mélange of drone attacks, covert operations, and presidentially selected assassinations — President Obama has been compared to President George W. Bush in his appetite for military action. “As shown through his stepped-up drone campaign,” Aaron David Miller, an advisor to six secretaries of state, wrote at Foreign Policy, “Barack Obama has become George W. Bush on steroids.”
When it comes to international energy politics, however, it is not Bush but his vice president, Dick Cheney, who has been providing the role model for the president. As recent events have demonstrated, Obama’s energy policies globally bear an eerie likeness to Cheney’s, especially in the way he has engaged in the geopolitics of oil as part of an American global struggle for future dominance among the major powers.
More than any of the other top officials of the Bush administration — many with oil-company backgrounds — Cheney focused on the role of energy in global power politics. From 1995 to 2000, he served as chairman of the board and chief executive officer of Halliburton, a major supplier of services to the oil industry. Soon after taking office as vice president he was asked by Bush to devise a new national energy strategy that has largely governed U.S. policy ever since.
Early on, Cheney concluded that the global supply of energy was not growing fast enough to satisfy rising world demand, and that securing control over the world’s remaining oil and natural gas supplies would therefore be an essential task for any state seeking to acquire or retain a paramount position globally. He similarly grasped that a nation’s rise to prominence could be thwarted by being denied access to essential energy supplies. As coal was to the architects of the British empire, oil was for Cheney — a critical resource over which it would sometimes be necessary to go to war.
More than any of his peers, Cheney articulated such views on the importance of energy to national wealth and power. “Oil is unique in that it is so strategic in nature,” he told an audience at an industry conference in London in 1999. “We are not talking about soapflakes or leisurewear here. Energy is truly fundamental to the world’s economy. The Gulf War was a reflection of that reality.”
Cheney’s reference to the 1990-1991 Gulf War is particularly revealing. During that conflict, he was the secretary of defense and so supervised the American war effort. But while his boss, President George H.W. Bush, played down the role of oil in the fight against Iraq, Cheney made no secret of his belief that energy geopolitics lay at the heart of the matter. “Once [Iraqi autocrat Saddam Hussein] acquired Kuwait and deployed an army as large as the one he possesses,” Cheney told the Senate Armed Services Committee when asked to justify the administration’s decision to intervene, “he was clearly in a position to be able to dictate the future of worldwide energy policy, and that gave him a stranglehold on our economy.”
This would be exactly the message he delivered in 2002, as the second President Bush girded himself for the invasion of Iraq. Were Saddam Hussein successful in acquiring weapons of mass destruction, Cheney told a group of veterans that August 25th, “[he] could then be expected to seek domination of the entire Middle East [and] take control of a great portion of the world’s energy supplies.”
For Cheney, the geopolitics of oil lay at the core of international relations, largely determining the rise and fall of nations. From this, it followed that any steps, including war and environmental devastation, were justified so long as they enhanced America’s power at the expense of its rivals.
Through his speeches, Congressional testimony, and actions in office, it is possible to reconstruct the geopolitical blueprint that Cheney followed in his career as a top White House strategist — a blueprint that President Obama, eerily enough, now appears to be implementing, despite the many risks involved.
That blueprint consists of four key features:
1. Promote domestic oil and gas production at any cost to reduce America’s dependence on unfriendly foreign suppliers, thereby increasing Washington’s freedom of action.
2. Keep control over the oil flow from the Persian Gulf (even if the U.S. gets an ever-diminishing share of its own oil supplies from the region) in order to retain an “economic stranglehold” over other major oil importers.
3. Dominate the sea lanes of Asia, so as to control the flow of oil and other raw materials to America’s potential economic rivals, China and Japan.
4. Promote energy “diversification” in Europe, especially through increased reliance on oil and natural gas supplies from the former Soviet republics of the Caspian Sea basin, in order to reduce Europe’s heavy dependence on Russian oil and gas, along with the political influence this brings Moscow.
The first objective, increased reliance on domestic oil and gas, was highlighted in National Energy Policy, the energy strategy Cheney devised for the president in May 2001 in close consultation with representatives of the oil giants. Although mostly known for its advocacy of increased drilling on federal lands, including the Arctic National Wildlife Refuge, the Cheney Report (as it came to be known) largely focused on the threat of growing U.S. dependence on foreign oil suppliers and the need to achieve greater “energy security” through a damn-the-torpedoes-full-speed-ahead program of accelerated exploitation of domestic energy supplies.
“A primary goal of the National Energy Policy is to add supply from diverse sources,” the report declared. “This means domestic oil, gas, and coal. It also means hydropower and nuclear power.” The plan also called for a concerted drive to increase U.S. reliance on friendly sources of energy in the Western hemisphere, especially Brazil, Canada, and Mexico.
The second objective, control over the flow of oil through the Persian Gulf, was, for Cheney, the principal reason for both the First Gulf War and the 2003 invasion of Iraq. Although before that invasion, the president and other top officials focused on Saddam Hussein’s supposed weapons of mass destruction, his human rights record, and the need to bring democracy to Iraq, Cheney never wavered in his belief that the basic goal was to ensure that Washington would control the Middle Eastern oil jugular.
After Saddam’s ouster and the occupation of Iraq began, Cheney was especially outspoken in his insistence that neighboring Iran be prevented, by force of arms if need be, from challenging American preeminence in the Gulf. “We’ll keep the sea lanes open,” he declared from the deck of an aircraft carrier during maneuvers off the coast of Iran in May 2007. “We’ll stand with others to prevent Iran from gaining nuclear weapons and dominating the region.”
Cheney also focused in a major way on ensuring control over the sea lanes from the Strait of Hormuz, at the mouth of the Persian Gulf (out of which 35% of the world’s tradable oil flows each day) across the Indian Ocean, through the Straits of Malacca, and into the South and East China Seas. To this day, these maritime corridors remain essential for the economic survival of China, Japan, South Korea, and Taiwan, bringing oil and other raw materials to their industries and carrying manufactured goods to their markets abroad. By maintaining U.S. control over these vital conduits, Cheney sought to guarantee the loyalty of America’s key Asian allies and constrain the rise of China. In pursuit of these classic geopolitical objectives, he pushed for an enhanced U.S. naval presence in the Asia-Pacific region and the establishment of a network of military alliances linking Japan, Australia, and India, all aimed at containing China.
Finally, Cheney sought to rein in America’s other major great-power rival, Russia. While his boss, George W. Bush, spoke of the potential for cooperation with Moscow, Cheney, still an energy cold warrior, viewed Russia as a geopolitical competitor and sought every opportunity to diminish its power and influence. He particularly feared that Europe’s growing dependence on Russian natural gas could undermine its resolve to resist aggressive Russian moves in Eastern Europe and the Caucasus.
To counter this trend, Cheney tried to persuade the Europeans to get more of their energy from the Caspian Sea basin by building new pipelines to that region via Georgia and Turkey. The idea was to bypass Russia by persuading Azerbaijan, Kazakhstan, and Turkmenistan to export their gas through these conduits, not those owned by Gazprom, the Russian state-controlled monopoly. When Georgia came under attack from Russian forces in August 2008, after Georgian troops shelled the pro-Moscow enclave of South Ossetia, Cheney was the first senior U.S. official to visit Tbilisi, bringing a promise of $1 billion in reconstruction assistance, as well as an offer of fast-track entry into NATO. France and Germany blocked the move, fearing Moscow might respond with actions that could destabilize Europe.
Obama as Cheney
This four-part geopolitical blueprint, relentlessly pursued by Cheney while vice president, is now being implemented in every respect by President Obama.
When it comes to the pursuit of enhanced energy independence, Obama has embraced the ultra-nationalistic orientation of the 2001 Cheney report, with its call for increased reliance on domestic and Western Hemisphere oil and natural gas — no matter the dangers of drilling in environmentally fragile offshore areas or the use of hazardous techniques like hydro-fracking. In recent speeches, he has boasted of his administration’s efforts to facilitate increased oil and gas drilling at home and promised to speed drilling in new locations, including offshore Alaska and the Gulf of Mexico.
“Over the last three years,” he boasted in his January State of the Union address, “we’ve opened millions of new acres for oil and gas exploration, and tonight, I’m directing my administration to open more than 75% of our potential offshore oil and gas resources. Right now — right now — American oil production is the highest that it’s been in eight years… Not only that — last year, we relied less on foreign oil than in any of the past 16 years.” He spoke with particular enthusiasm about the extraction of natural gas via fracking from shale deposits: “We have a supply of natural gas that can last America nearly 100 years. And my administration will take every possible action to safely develop this energy.”
Obama has also voiced his desire to increase U.S. reliance on Western Hemisphere energy, thereby diminishing its dependence on unreliable and unfriendly suppliers in the Middle East and Africa. In March 2011, with the Arab Spring gaining momentum, he traveled to Brazil for five days of trade talks, a geopolitical energy pivot noted at the time. In the eyes of many observers, Obama’s focus on Brazil was inextricably linked to that country’s emergence as a major oil producer, thanks to new discoveries in the “pre-salt” fields off its coast in the depths of the Atlantic Ocean, discoveries that could help the U.S. wean itself off Middle Eastern oil but could also turn out to be pollution nightmares. Although environmentalists have warned of the risks of drilling in the pre-salt fields, where a Deepwater Horizon-like blowout is an ever-present danger, Obama has made no secret of his geopolitical priorities. “By some estimates, the oil you recently discovered off the shores of Brazil could amount to twice the reserves we have in the United States,” he told Brazilian business leaders in that country’s capital. “When you’re ready to start selling, we want to be one of your best customers. At a time when we’ve been reminded how easily instability in other parts of the world can affect the price of oil, the United States could not be happier with the potential for a new, stable source of energy.”
At the same time, Obama has made it clear that the U.S. will retain its role as the ultimate guardian of the Persian Gulf sea lanes. Even while trumpeting the withdrawal of U.S. combat forces from Iraq, he has insisted that the United States will bolster its air, naval, and special operations forces in the Gulf region, so as to remain the preeminent military power there. “Back to the future,” is how Major General Karl R. Horst, chief of staff of the U.S. Central Command, described the new posture, referring to a time before the Iraq War when the U.S. exercised dominance in the region mainly through its air and naval superiority.
While less conspicuous than “boots on the ground,” the expanded air and naval presence will be kept strong enough to overpower any conceivable adversary. “We will have a robust continuing presence throughout the region,” Secretary of State Hillary Clinton declared last October. Such a build-up has in fact been accentuated, in preparation either for a strike on Iranian nuclear facilities, should Obama conclude that negotiations to curb Iranian enrichment activities have reached a dead end, or to clear the Strait of Hormuz, if the Iranians carry out threats to block oil shipping there in retaliation for the even harsher economic sanctions due to be imposed after July 1st.
Like Cheney, Obama also seeks to ensure U.S. control over the vital sea lanes extending from the Strait of Hormuz to the South China Sea. This is, in fact, the heart of Obama’s much publicized policy “pivot” to Asia and his new military doctrine, first revealed in a speech to the Australian Parliament on November 17th. “As we plan and budget for the future,” he declared, “we will allocate the resources necessary to maintain our strong military presence in this region.” A major priority of this effort, he indicated, would be enhanced “maritime security,” especially in the South China Sea.
Central to the Obama plan — like that advanced by Dick Cheney in 2007 — is the construction of a network of bases and alliances encircling China, the globe’s rising power, in an arc stretching from Japan and South Korea in the north to Australia, Vietnam, and the Philippines in the southeast and thence to India in the southwest. When describing this effort in Canberra, Obama revealed that he had just concluded an agreement with the Australian government to establish a new U.S. military basing facility at Darwin on the country’s northern coast, near the South China Sea. He also spoke of the ultimate goal of U.S. geopolitics: a region-embracing coalition of anti-Chinese states that would include India. “We see America’s enhanced presence across Southeast Asia,” both in growing ties with local powers like Australia and “in our welcome of India as it ‘looks east’ and plays a larger role as an Asian power.”
As anyone who follows Asian affairs is aware, a strategy aimed at encircling China — especially one intended to incorporate India into America’s existing Asian alliance system — is certain to produce alarm and pushback from Beijing. “I don’t think they’re going to be very happy,” said Mark Valencia, a senior researcher at the National Bureau of Asian Research, speaking of China’s reaction. “I’m not optimistic in the long run as to how this is going to wind up.”
Finally, Obama has followed in Cheney’s footsteps in his efforts to reduce Russia’s influence in Europe and Central Asia by promoting the construction of new oil and gas pipelines from the Caspian via Georgia and Turkey to Europe. On June 5th, at the Caspian Oil and Gas Conference in Baku, President Ilham Aliyev of Azerbaijan read a message from Obama promising Washington’s support for a proposed Trans-Anatolia gas pipeline, a conduit designed to carry natural gas from Azerbaijan across Georgia and Turkey to Europe — bypassing Russia, naturally. At the same time, Secretary of State Clinton traveled to Georgia, just as Cheney had, to reaffirm U.S. support and offer increased U.S. military aid. As during the Bush-Cheney era, these moves are bound to be seen in Moscow as part of a calculated drive to lessen Russia’s influence in the region — and so are certain to elicit a hostile response.
In virtually every respect, then, when it comes to energy geopolitics the Obama administration continues to carry out the strategic blueprint pioneered by Dick Cheney during the two Bush administrations. What explains this surprising behavior? Assuming that it doesn’t represent a literal effort to replicate Cheney’s thinking — and there’s no evidence of that — it clearly represents the triumph of imperial geopolitics (and hidebound thinking) over ideology, principle, or even simple openness to new ideas.
When you get two figures as different as Obama and Cheney pursuing the same pathways in the world — and the first time around was anything but a success — it’s a sign of just how closed and airless the world of Washington really has become. At a time when most Americans are weary of grand ideological crusades, the pursuit of what looks like simple national self-interest — in the form of assured energy supplies — may appear far more attractive as a rationale for military and political involvement abroad.
In addition, Obama and his advisers are no doubt influenced by talk of a new “golden age” of North American oil and gas, made possible by the exploitation of shale deposits and other unconventional — and often dirty — energy resources. According to projections given by the Department of Energy, U.S. reliance on imported energy is likely to decline in the years ahead (though there is a domestic price to be paid for such “independence”), while China’s will only rise — a seeming geopolitical advantage for the United States that Obama appears to relish.
It is easy enough to grasp the appeal of such energy geopolitics for White House strategists, especially given the woeful state of the U.S. economy and the declining utility of other instruments of state power. And if you are prepared to overlook the growing environmental risks of reliance on offshore oil, shale gas, and other unconventional forms of energy, rising U.S. energy output conveys certain geopolitical advantages. But as history suggests, engaging in aggressive global geopolitical confrontations with other determined, well-armed players usually leads to friction, crisis, war, and disaster.
In this regard, Cheney’s geopolitical maneuvering led us into two costly Middle Eastern wars while heightening tensions with both China and Russia. President Obama claims he seeks to build a more peaceful world, but copying the Cheney energy blueprint is bound to produce the exact opposite.
Michael T. Klare is the Five College Professor of Peace and World Security Studies at Hampshire College in Amherst, Massachusetts. His newest book, The Race for What’s Left: The Global Scramble for the World’s Last Resources, has just recently been published. His other books include: Rising Powers, Shrinking Planet: The New Geopolitics of Energy and Blood and Oil: The Dangers and Consequences of America’s Growing Dependence on Imported Petroleum. A documentary version of that book is available from the Media Education Foundation.
War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
Tags: Abu Ghraib, Alberto Gonzales, crimes against humanity, david addington, Dick Cheney, geneva conventions, George Bush, Guantanamo, jay bybee, john yoo, kuala lumpur, nuremberg, roger hollander, rumsfeld, Tan Sri Lamin Mohd Yunus, torture, torture victims, War Crimes, william haynes
add a comment
Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims
Former US President George W Bush, his Vice-President Dick Cheney and six other members of his administration have been found guilty of war crimes by a tribunal in Malaysia.
Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (center) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. (Photo/Hasriyasyah Sabudin) Bush, Cheney, Defense Secretary Donald Rumsfeld and five of their legal advisers were tried in their absence and convicted on Saturday.
Victims of torture told a panel of five judges in Kuala Lumpur of their suffering at the hands of US soldiers and contractors in Iraq and Afghanistan.
Among the evidence, Briton Moazzam Begg, an ex-Guantanamo detainee, said he was beaten, put in a hood and left in solitary confinement. Iraqi woman Jameelah Abbas Hameedi said she was stripped and humiliated in the notorious Abu Ghraib prison.
Transcripts of the five-day trial will be sent to the chief prosecutor at the International Criminal Court, the United Nations and the Security Council.
A member of the prosecution team, Professor Francis Boyle of Illinois University’s College of Law, said he was hopeful that Bush and his colleagues could soon find themselves facing similar trials elsewhere in the world.
The eight accused are Bush; former US Vice President Richard Cheney; former US Defense secretary Donald Rumsfeld; former Counsel to Bush, Alberto Gonzales; former General Counsel to the Vice President, David Addington; former General Counsel to the Defense Secretary, William Haynes II; former Assistant Attorney General Jay Bybee and former Deputy Assistant Attorney General John Yoo.
Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter. “The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”
* * *
The Star (Kuala Lumpur, Malaysia) reports:
Bush Found Guilty of War Crimes
KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.
However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.
“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Criminalize War yesterday.
He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.
The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.
On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.
Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.
* * *
The Malaysia Sun reports:
[...] In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.
Former Malaysian Premier Mahatir Mohamad said of Bush and others: “These are basically murderers and they kill on large scale.”Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.
Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.
One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.
A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.
He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions… A redundant, possibly a dangerous, and certainly corrupted organization.”
Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”
It was the second so-called war crimes tribunal in Malaysia.
The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.
“Vietnam Ambush”: A Cautionary Tale March 4, 2012Posted by rogerhollander in History, Vietnam, War.
Tags: book review, daniel seidenberg, david krieger, Dick Cheney, history, roger hollander, tonkin gulf, vietnam, vietnam ambush, Vietnam War, war, westmoreland
1 comment so far
Vietnam Ambush Daniel Seidenberg Jr. PublishAmerica Baltimore, 2010
In the 1960s, the United States of America conscripted young men into its military forces. The head of Selective Service, which imposed conscription, was General Lewis B. Hershey. Assisted by local draft boards, he gobbled up young men and put them in uniforms. Then they were trained to kill.
Most young men were edgy and wary about conscription, particularly after it became apparent that the military’s destination of choice was the jungles of Vietnam. To receive a deferment and remain beyond the military’s clutches, one had to stay in college or graduate school. Dick Cheney, one of the subsequent great warmongers of our time, successfully used college deferments to stay out of the military until he qualified first for a marriage deferment and then a deferment for having a child. He always managed to stay one step ahead of the military’s grasp.
Other means of escaping being drafted into the military were failing one’s physical examination, claiming to be gay and conscientious objection. All were difficult. One rumor at the time was that if you drank enough Coke fast enough, it would raise your blood pressure to the point that you would fail your physical. This advice seemed more like an urban legend than fact. Not many young men were secure enough to use homosexuality as a reason for staying out of the military, and the criteria for conscientious objection were rigid and based in traditional religious practices that objected to killing. The truth was that most of us were naive and hadn’t given much thought to avoiding military “service.” That changed as the war in Vietnam heated up and expanded.
The generation before us had fought in World War II, which seemed like a good war, pitting democracy against fascism (Hitler, Mussolini, Tojo). More recently, there had been the war in Korea, which was touted as a fight for democracy against communism. There was precedent for young men to go docilely into the US military and do its bidding. And then, along came Vietnam, Lyndon Johnson’s lies about the Tonkin Gulf incident and General William Westmoreland (“General Waste-more-men”), who always saw a light at the end of the tunnel – all he needed was more conscripts.
The net of conscription ensnared many of us. I was one. Another was Daniel Seidenberg Jr., who received his draft notice at the age of 19 in the winter of 1967. He was just out of high school, and he was a surfer. When his notice came, he thought about escaping to Canada, but, after visiting Canada, decided against it. Instead, he joined the regular army, having been promised by the recruiter that he would not be sent to Vietnam. Despite the promise, after being trained as an infantryman, he was sent to Vietnam. He ended up with near-fatal head wounds that have left him disabled for life.
In 2010, Seidenberg published a book he wrote about his military experience in Vietnam. The book, titled “Vietnam Ambush,” confirms the worst fears of those of us who didn’t go to fight in that needless, reckless and lawless war. It is a well-written account of the war from the perspective of a soldier in the field. It should be read by every young American who thinks war might be glorious. In fact, it is a cautionary tale that should be read by young people throughout the world. It takes the adventure and heroics out of war and tells it like it really is, a dirty business in which the old send the young to fight, kill and die in far-off lands – in the case of the Vietnam War, to fight in humid jungles which US military planes were busy defoliating with the poisonous chemicals napalm and Agent Orange.
Here is how Seidenberg describes his dilemma as a US soldier in Vietnam on the opening page of his book:
I was a combat infantryman in Vietnam. We were shooting dice for our souls. Our very spirits were on the line, if we survived.
No one could say what we were fighting for. The consensus was that our purpose was to simply survive it all. I knew that merely surviving would not be enough. I had to make sure that I survived with a clean conscience.
What good is living, if you wind up hating yourself? And I didn’t want to be responsible for any crimes.
In a war fought entirely in cold blood, keeping a clean conscience was not easy. Simply staying alive was not easy.
Although today there is no longer conscription, there is instead a “poverty draft,” which makes the military an economically attractive option for escaping poverty. Being put into a killing zone makes it difficult to not become a killer if only in order to stay alive oneself. Should we allow ourselves to be used as tools in war? Should we not fight against militarism and those who, like Dick Cheney, promote it? Should we not refuse to subordinate our consciences to leaders who lie us into war?
“Vietnam Ambush” is a short book. It is written in simple prose. It tells the truth. It reminds us that our society has corrupted its youth with war. It reminds us that war steals from the young – their youth and their consciences. It reminds us about the importance of having political leadership that is decent and truthful, not deceitful and dishonest. It reminds us that war is not a game played on a field of battle; it has consequences that last for lifetimes. War traumatizes young men and women. It kills and maims soldiers and civilians alike. It reminds us to choose peace.
Un-Cheating Justice: Two Years Left to Prosecute Bush March 4, 2012Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War.
Tags: Bush Cheney, Criminal Justice, david swanson, Dick Cheney, elizabeth holtzman, eric holder, FISA, George W. Bush, obama administration, roger hollander, state secrets, torture, War Crimes
add a comment
Elizabeth Holtzman knows something about struggles for justice in the U.S. government. She was a member of Congress and of the House Judiciary Committee that voted for articles of impeachment against President Richard Nixon in 1973. She proposed the bill that in 1973 required that “state secrets” claims be evaluated on a case-by-case basis. She co-authored the special prosecutor law that was allowed to lapse, just in time for the George W. Bush crime wave, after Kenneth Starr made such a mockery of it during the Whitewater-cum-Lewinsky scandals. She was there for the creation of the Foreign Intelligence Surveillance Act (FISA) in 1978. She has served on the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, bringing long-escaped war criminals to justice. And she was an outspoken advocate for impeaching George W. Bush.
Holtzman’s new book, coauthored with Cynthia Cooper, is called “Cheating Justice: How Bush and Cheney Attacked the Rule of Law and Plotted to Avoid Prosecution — and What We Can Do About It.” Holtzman begins by recalling how widespread and mainstream was the speculation at the end of the Bush nightmare that Bush would pardon himself and his underlings. The debate was over exactly how he would do it. And then he didn’t do it at all.
Holtzman ends her book by pointing out that legal accountability can come after many years, as in the case of various Nazis, or of Chilean dictator Augusto Pinochet, or of the murderers of civil rights activists including Medgar Evers.
In between, for the bulk of the book, Holtzman, a former district attorney, lays out the prospects for a prosecution of Bush and others on charges of lying to Congress about the grounds for war, wiretapping Americans, and conspiring to torture. This is an excellent sampling of the many horrors on the list of Bush’s abuses, and clearly the three areas in which Holtzman believes a prosecution would stand the best chance of success. Her analysis of the war lies parallels and builds on that of Elizabeth de la Vega, another former prosecutor who has written on the topic. Holtzman adds an analysis of the steps Bush took to protect himself from prosecution in this and each other area. She also examines his possible legal defenses, finding some of them strong and others easily overcome.
In each area Holtzman finds charges that would stick, if our laws were enforced. She also finds charges that would have stuck, had the statute of limitations not elapsed, and others for which a couple of years yet remain. Holtzman believes charges for conspiring to defraud the government with war lies could be brought until January 20, 2014. She also believes that charges for violation of FISA could be brought until that same date, pointing out that changes made to the law have not provided immunity for prior violations of what the law used to be, and that immunity has been granted from civil suits but not from criminal prosecution. Charges of torture, Holtzman concludes, could be brought at any time in the future.
Holtzman argues for lengthening the statutes of limitations for grave abuses of power, for creating a special prosecutor, restoring the War Crimes Act, reclaiming protection against unchecked surveillance, recovering missing records, pursuing civil cases, impeaching torture lawyer turned judge Jay Bybee, and looking abroad for hope and change. She sees some chance of the International Criminal Court pursuing charges of torture.
This book is an ideal guide for a prosecutor with nerve and decency, although we haven’t found one in this country in the past several years. Other than Kurt Daims who is running for the office of Town Grand Juror in Brattleboro, Vermont, which voted to direct its police to indict Bush and Cheney four years ago, I’m not aware of any prosecutors in the United States with plans to pursue this kind of justice.
Glaringly absent from Holtzman’s book, despite its 2012 publication date, is any significant mention of the approach that President Obama has taken. There’s not one word about “looking forward, not backward,” not even so much as one tangential reference to Obama’s public instructions to Attorney General Eric Holder, no analysis of the intense effort that the Justice Department, State Department, and White House have pursued to protect Bush and Cheney from accountability, no mention of the ways in which Obama has continued a similar pattern of criminality — a state of affairs which, of course, might explain his reluctance to allow the enforcement of laws against his predecessor.
I don’t think it’s an unfair criticism to object that a book has left out a large but intimately related topic, one that apears to have been carefully avoided. Partisan prosecution of crimes and non-crimes by Republicans under President Clinton has been aggravated by Republican defensiveness and Democratic spinelessness under Bush. But it is the Democratic switch to defending all presidential wrongdoing since 2008 that has put the largest nails into the coffin of legitimate rule by law in this country. Bush’s crimes have been legitimized. Obama has claimed the power to torture as he deems necessary, the power to imprison and rendition as he sees fit, the power to murder any human being including U.S. citizens and children as he and he alone declares necessary, and powers of state secrecy that Nixon and Cheney never dreamed of. While Bush lied the Congress into a war that a reasonably intelligent 8 year old could have seen through, Obama has made the launching of wars a matter for the president alone. And that’s just fine with Democrats. Surely Holtzman is aware that this partisanship is a cancer, that it has ruined the power of impeachment and done away with truly independent special prosecutors, and that the purpose of accountability is to halt the ongoing acceptance of crime.
I have to quibble as well with Holtzman’s lowballing of the Iraq war death count by two orders of magnitude. I know everybody does it, but I still find it grotesque.
And yet I have to strongly recommend that this book be read and presented to every prosecutor in this country, including the seemingly shameless Eric Holder. We’ve got 23 months.
Cheney Praises Strike, But Seeks Apology October 2, 2011Posted by rogerhollander in Barack Obama, Torture, Criminal Justice, Dick Cheney, Civil Liberties, War on Terror.
Tags: Anwar al-Awlaki, Criminal Justice, Dick Cheney, drone missiles, enhanced interrogation, Liz Cheney, president obama, presidential assassination, presidential killing, presidential power, roger hollander, torture, war on terror
add a comment
Roger’s note: Yes, politics indeed makes strange bedfellows. You probably couldn’t think of two more polar opposites than Cheney and Obama with respect to background and personality. But when you choose to take leadership in the American Empire, regardless of who or what you are, you are obliged to follow the dictates of the military, the CIA and the corporate Behemoth: what Eisenhower in his farewell address famously referred to as the military-industrial complex. The is little or no wiggle room, only nuances. Obama tortures less (remember, Bagram is still in business) but kills more civilians than Bush/Cheney did with the drones. And now Obama is executing American citizens with no due process, a fact that, as we can see, gives aid and comfort (and justification) to the architect of the American torture regime.
Published on Sunday, October 2, 2011 by Politico.com
Former Vice President Dick Cheney praised the Obama administration Sunday for ordering the drone strike that killed Anwar al-Awlaki, calling it “a very good strike” and “justified.”
Former Vice President Dick Cheney and his daughter, Liz Cheney. (CNN) But Cheney and his daughter Liz, who appeared together on CNN’s “State of the Union” said President Barack Obama owes the Bush administration an apology.
They said the killing of an American citizen without due process calls into question the president’s past criticisms of the Bush administration for using enhanced interrogation techniques.
“The thing I am waiting for is for the administration to go back and correct something they said two years ago, when they criticized us for quote overreacting to the events of 9/11,” Dick Cheney said. “They in effect said we had walked away from our ideals, taking policy contrary to our ideals when we had enhanced interrogation techniques. They have clearly moved in the direction of taking robust action when they feel it is justified. In this case, it was. They need to go back and reconsider what the president said in Cairo.”
“He said in his Cairo speech (in 2009) for example that he banned torture,” Dick Cheney said. “We were never torturing anyone in the first place. He said We walked away from our basic fundamental ideals. That simply wasn’t the case. What he said then was inaccurate especially now in light of what they are doing with policy.”
Liz Cheney added: “He slandered the nation, and I think he owes an apology to the American people. those are the policies that kept us safe”
But Dick Cheney said Obama was justified in ordering such an attack, even when it involves an American citizen.
“The president has all the authority he needs to order this kind of strike,” Cheney said. “It’s the difference between a law enforcement action and a war. We’re in a war.”
Liz Cheney also praised the administration, but leveled similar criticism of the president’s Cairo speech.
“What concerns me is the damage this president has done,” Liz Cheney said. “The extent to which when the president of the United States goes on on foreign soil saying the United States has abandoned American values … when he does that, he does real damage to our standing in the world.”
Welcome to Boston, Mr. Rumsfeld. You Are Under Arrest. September 23, 2011Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture.
Tags: Abu Ghraib, abu ghraib photos, alberto gonzalez, andy worthington, bagram, binyam mohamed, camp cropper, CIA torture, Dick Cheney, dilawar, donald rumsfeld, donald vance, general daniel mcneill, general geoffrey miller, general john gardner, general taguba, geneva conventions, George W. Bush, Guantanamo, International law, janis karpinski, jay bybee, jose padilla, judge gladys kessler, Khalid Sheikh Mohammed, lawrence wilkerson, lindsey graham, lyndie england, nathan ertel, nuremberg, obama administration, ralph lopez, roger hollander, torture, torture techniques, universal jurisdiction, War Crimes, waterborading, william colby, willie brand
add a comment
September 23, 2011
By Ralph Lopez
Torture Room, Abu Ghraib
Republican Senator Lindsey Graham told reporters in 2004of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here…We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.” And journalist Seymour Hersh says: “boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has.”
Rumsfeld resigned days before a criminal complaintwas filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify. General Janis Karpinski in an interview with Salon.comwas asked: “Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?”
Karpinski answered: “Yes, absolutely.” In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimonyand offered to appear before the German prosecutor as a witness. Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything.”
And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:
“there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”
Abu Ghraib Prisoner Smeared with Feces
In a puzzling and incriminating move, Camp Cropper base commander General John Gardner ordered Nathan Ertel released on May 17, 2006, while keeping Donald Vance in detention for another two months of torture. By ordering the release of one man but not the other, Gardner revealed awareness of the situation but prolonged it at the same time.
It is unlikely that Gardner could act alone in a situation as sensitive as the illegal detention and torture of two Americans confirmed by the FBI to be working undercover in the national interest, to prevent American weapons and munitions from reaching the hands of insurgents, for the sole purpose of using them to kill American troops. Vance and Ertel suggest he was acting on orders from the highest political level.
The forms of torture employed against the Americans included “techniques” which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib. They included “walling,” where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.
The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world. Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain. Former President Bush recently curbed travel to Switzerlanddue to fear of arrest following criminal complaints lodged in Geneva. “He’s avoiding the handcuffs,” Reed Brody, counsel for Human Rights Watch, told Reuters. And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.
And the Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were heto land in London to “flog his memoirs,” that “the real trouble — from the Bush point of view — is that he might never see Texas again.”
Former Secretary of State Colin Powell’s Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBCearlier this year that soon, Saudi Arabia and Israel will be “the only two countries Cheney, Rumsfeld and the rest will travel too.”
Abu Ghraib: Dog Bites
What would seem to make Rumsfeld’s situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.
In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld’s most vociferous critics, stated:“I am willing to testify in person regarding the content of this declaration, should that be necessary.” That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was “accurate.” Wilkerson said earlier this yearthat in that case, and in the case of another murder at Bagram at about the same time, “authorization for the abuse went to the very top of the United States government.”
The young farmer’s name was Dilawar. The New York Times reported on May 20, 2005:
“Four days before [his death,] on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.
On the day that he disappeared, Mr. Dilawar’s mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. However, he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.”
Dilawar’s misfortune was to drive past the gate of an American base which had been hit by a rocket attack that morning. Dilawar and his fares were arrested at a checkpoint by a warlord, who was later suspected of mounting the rocket attack himself, and then turning over randam captures like Dilawar in order to win trust.
“Guards at Bagram routinely kneed prisoners in their thighs — a blow called a “peroneal strike”…Whenever a guard did this to Dilawar, he would cry out, “Allah! Allah!” Some guards apparently found this amusing, and would strike him repeatedly to show off the behavior to buddies.
One military policeman told investigators, “Everybody heard him cry out and thought it was funny. … It went on over a 24-hour period, and I would think that it was over 100 strikes.”"Dilawar was shackled from the ceiling much of the time, with his feet barely able to touch the ground. On the last day of his life, after 4 days at Bagram, an interpreter who was present said his legs were bouncing uncontrollably as he sat in a plastic chair. He had been chained by the wrists to the top of his cell for much of the previous four days.
The New York Times reported that on the last day of his life, four days after he was arrested:
“Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar’s face.
“Come on, drink!” the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. “Drink!”
At the interrogators’ behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.
“Leave him up,” one of the guards quoted Specialist Claus as saying.”
The next time the prison medic saw Dilawar a few hours later, he was dead, his head lolled to one side and his body beginning to stiffen. A coroner would testify that his legs “had basically been pulpified.”The Army coroner, Maj. Elizabeth Rouse, said: “I’ve seen similar injuries in an individual run over by a bus.” She testified that had he lived, Dilawar’s legs would have had to be amputated.
Despite the military’s false statement that Dilawar’s death was the result of “natural causes,” Maj. Rouse marked the death certificate as a “homicide” and arranged for the certificate to be delivered to the family. The military was forced to retract the statement when a reporter for the New York Times, Carlotta Gall, tracked down Dilawar’s family in Afghanistan and was given a folded piece of paper by Dilawar’s brother. It was the death certificate, which he couldn’t read, because it was in English.
The practice of forcing prisoners to stand for long periods of time, links Dilawar’s treatment to a memo which bears Rumsfeld’s own handwriting on that particular subject. Obtained through a Freedom of Information Act Request, the memo may show how fairly benign-sounding authorizations for clear circumventions of the Geneva Conventions may have translated into gruesome practice on the battlefield.
The memo, which addresses keeping prisoners “standing” for up to four hours, is annotated with a note initialed by Rumsfeld reading: “”I stand for 8–10 hours a day. Why is standing limited to 4 hours?” Not mentioned in writing anywhere is anything about accomplishing this by chaining prisoners to the ceiling. There is evidence that, unable to support his weight on tiptoe for the days on end he was chained to the ceiling, Dilawars arms dislocated, and they flapped around uselessly when he was taken down for interrogation. The National Catholic Reporter writes “They flapped like a bird’s broken wings”
Contradicting, on the record, a February 2003 statement by Rumsfeld’s top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings,” is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank. Told of McNeill’s statement, Brand told Scott Pelley on 60 Minutes: “Well, he’s lying.” Brand said of his punishment: “I didn’t understand how they could do this after they had trained you to do this stuff and they turn around and say you’ve been bad”
Dilawar’s daughter and her grandfather
Binyam Mohamed was seized by the Pakistani Forces in April 2002 and turned over to the Americans for a $5,000 bounty. He was held for more than five years without charge or trial in Bagram Air Force Base, GuantÃ¡namo Bay, and third country “black” sites.
“They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me. Maybe castrate me…
One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. “I told you I was going to teach you who’s the man,” [one] eventually said.
They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor.”
I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: “What’s the point of this? I’ve got nothing I can say to them. I’ve told them everything I possibly could.”
“As far as I know, it’s just to degrade you. So when you leave here, you’ll have these scars and you’ll never forget. So you’ll always fear doing anything but what the US wants.”
Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped. They treated me and took more photos when I was in Kabul. Someone told me this was “to show Washington it’s healing”.
The obvious question for any prosecutor in Binyam’s case is: Who does “Washington” refer to? Rumsfeld? Cheney? Is it not in the national interest to uncover these most depraved of sadists at the highest level? US Judge Gladys Kessler, in her findings on Binyam made in relation to a Guantanamo prisoner’s petition, found Binyam exceedingly credible. She wrote:
“His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one foreign prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in plots to imperil Americans. The government does not dispute this evidence.”
Obama: Torturers’ Last Defense
The prospect of Rumsfeld in a courtroom cannot possibly be relished by the Obama administration, which has now cast itself as the last and staunchest defender of the embattled former officials, including John Yoo, Alberto Gonzalez, Judge Jay Bybee, Dick Cheney, George W. Bush, and others. The administration employed an unprecedented twisting of arms in order to keep evidence in a lawsuit which Binyam had filedin the UK suppressed, threatening an end of cooperation between the British MI5 and the CIA. This even though the British judges whose hand was forced puzzled that the evidence “contained “no disclosure of sensitive intelligence matters.” The judges suggested another reason for the secrecy requested by the Obama administration, that it might be “politically embarrassing.”
The Obama Justice Department’s active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office. Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state. The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.
Andy Worthington writes that:
“As it happens, one of the confessions that was tortured out of Binyam is so ludicrous that it was soon dropped…The US authorities insisted that Padilla and Binyam had dinner with various high-up members of al-Qaeda the night before Padilla was to fly off to America. According to their theory the dinner party had to have been on the evening of 3 April in Karachi … Binyam was meant to have dined with Khalid Sheikh Mohammed, Abu Zubaydah, Sheikh al-Libi, Ramzi bin al-Shibh and Jose Padilla.” What made the scenario “absurd,” as [Binyam's lawyer] pointed out, was that “two of the conspirators were already in U.S. custody at the time — Abu Zubaydah was seized six days before, on 28 March 2002, and al-Libi had been held since November 2001.”"
The charges against Binyam were dropped, after the prosecutor, Lieutenant Colonel Darrel Vandeveld, resigned. He told the BBC later that he had concerns at the repeated suppression of evidence that could prove prisoners’ innocence.
The litany of tortures alleged against Rumsfeld in the military prisons he ran could go on for some time. The new photographic images from Abu Ghraib make it hard to conceive of how the methods of torture and dehumanization could have possibly served a national purpose.
The approved use of attack dogs, sexual humiliation, forced masturbation, and treatments which plumb the depths of human depravity are either documented in Rumsfeld’s own memos, or credibly reported on.
The techniques devised in the system, called R2I – resistance to interrogation – match the crude exploitation and abuse of prisoners at the Abu Ghraib jail in Baghdad.
One former British special forces officer who returned last week from Iraq, said: “It was clear from discussions with US private contractors in Iraq that the prison guards were using R2I techniques, but they didn’t know what they were doing.”"
Torture Now Aimed at Americans, Programs Designed to Obtain False Confessions, Not Intelligence
The worst of the worst is that Rumsfeld’s logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror. The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units. The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods. But the aim of those methods was never to obtain intelligence, but to elicit false confessions. The Bush administration asked the military to “reverse engineer” the methods, i.e. figure out how to break down resistance to false confessions.
In the 2008 Senate Armed Services Committee reportwhich indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:
“SERE instructors explained “Biderman’s Principles” — which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War — and left with GTMO personnel a chart of those coercive techniques.”
The Biderman Principles were based on the work of Air Force Psychiatrist Albert Biderman, who wrote the landmark “Communist Attempts to Elecit False Confessions from Air Force Prisoners of War,” on which SERE resistance was based. Biderman wrote:
“The experiences of American Air Force prisoners of war in Korea who were pressured for false confessions, enabled us to compile an outline of methods of eliciting compliance, not much different, it turned out, from those reported by persons held by Communists of other nations. I have prepared a chart showing a condensed version of this outline.”
The chart is a how-to for communist torturers interested only in false confessions for propaganda purposes, not intelligence. It was the manual for, in Biderman’s words, “brainwashing.” In the reference for Principle Number 7, “Degradation,” the chart explains:
“Makes Costs of Resistance Appear More Damaging to Self-Esteem than Capitulation; Reduces Prisoner to “Animal Level…Personal Hygiene Prevented; Filthy, Infested Surroundings; Demeaning Punishments; Insults and Taunts; Denial of Privacy”
Appallingly, this could explain that even photos such as those of feces-smeared prisoners at Abu Ghraib might not, as we would hope, be only the individual work of particularly demented guards, but part of systematic degradation authorized at the highest levels.
Exhibit: Abu Ghraib, Female POW
This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong. A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.
But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place? What the Ponzi scheme of either innocent men or low-level operatives incriminating each other DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.
And now, American contractors Vance and Ertel show, unless there are prosecutions, the law has effectively changed and they can do it to Americans. Jane Mayer in the New Yorker describes a new regime for prisoners which has become coldly methodical, quoting a report issued by the Parliamentary Assembly of the Council of Europe, titled “Secret Detentions and Illegal Transfers of Detainees.” In the report on the CIA paramilitary Special Activities Division detainees were “taken to their cells by strong people who wore black outfits, masks that covered their whole faces, and dark visors over their eyes.”
Mayer writes that a former member of a C.I.A. transport team has described the “takeout” of prisoners as:
“a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location.”
A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability.”
Of course we have seen these images before, in the trial balloon treatment of Jose Padilla, the first American citizen arrested and declared “enemy combatant” in the first undeclared war without end. The designation placed Padilla outside of his Bill of Rights as an American citizen even though he was arrested on American soil. Padilla was kept in isolation and tortured for nearly 4 years before being released to a civilian trial, at which point according to his lawyer he was useless in his own defense, and exhibited fear and mistrust of everyone, complete docility, and a range of nervous facial tics.
Jose Padilla in Military Custody
Rumsfeld’s avuncular “golly-gee, gee-whiz” performances in public are legendary. Randall M. Schmidt, the Air Force Lieutenant General appointed by the Army to investigate abuses at Guantanamo, and who recommended holding Rumsfeld protege and close associate General Geoffrey Miller “accountable” as the commander of Guantanamo, watched Rumsfeld’s performance before a House Committee with some interest. “He was going, “My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ “
But General Taguba said of Rumsfeld: “Rummy did what we called “case law’ policy — verbal and not in writing. What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”
Taguba went on: “Rumsfeld is very perceptive and has a mind like a steel trap. There’s no way he’s suffering from C.R.S.–Can’t Remember sh*t.”
Miller was the general deployed by Rumsfeld to “Gitmo-ize” Abu Ghraib in 2003 after Rumsfeld had determined they were being too “soft” on prisoners. He said famously in one memo “you have to treat them like dogs.” General Karpinski questioned the fall of Charles Graner and Lyndie England as the main focus of low-level “bad apple” abuse in the Abu Ghraib investigations. “Did Lyndie England deploy with a dog leash?” she asks.
Exhibit: Dog deployed at Abu Ghraib, mentally-ill prisoner
Abu Ghraib prisoner in “restraint” chair, screaming “Allah!!”
Rumsfeld’s worry now is the doctrine of Universal Jurisdiction, as well as ordinary common law. The veil of immunity stripped in civil cases would seem to free the hand of any prosecutor who determines there is sufficient evidence that a crime has been committed based on available evidence. A grand jury’s bar for opening a prosecution is minimal. It has been said “a grand jury would indict a ham sandwich.” Rumsfeld, and the evidence against him, would certainly seem to pass this test.
The name Dilawar translates to English roughly as “Braveheart.” Let us pray he had one to endure the manner of his death. But the more spiritual may believe that somehow it had a purpose, to shock the world and begin the toppling of unimaginable evil among us. Dilawar represented the poorest of the poor and most powerless, wanting only to pick up his three sisters, as his mother had told him to, for the holiday. The question now is whether Americans will finally draw a line, as the case against Rumsfeld falls into place and becomes legally bulletproof. Andy Worthington noted that the case for prosecutors became rock solid when Susan Crawford, senior Pentagon official overseeing the Military Commissions at GuantÃ¡namo — told Bob Woodward that the Bush administration had “met the legal definition of torture.”
As Rumsfeld continues his book tour and people like Dilawar are remembered, it is not beyond the pale that an ambitious prosecutor, whether local, state, or federal, might sense the advantage. It is perhaps unlikely, but not inconceivable, that upon landing at Logan International Airport on Wed., Sept. 21st, or similarly anywhere he travels thereafter, Rumsfeld could be greeted with the words such as: “Welcome to Boston, Mr. Secretary. You are under arrest.”
Take action — click here to contact your local newspaper or congress people:
Prosecute Rumsfeld NOW for torture!
RELEVANT US CODE:
a. Conspiracy to torture in violation of the U.S. Code, in both Title 18, Section 2340
b. Conspiracy to commit war crimes including torture, cruel or inhuman treatment, murder, mutilation or maiming and intentionally causing serious bodily injury in violation of Title 18, Section 2441
Massachusetts Attorney General Martha Coakley:
email: Email address removed
One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200 begin_of_the_skype_highlighting (617) 727-2200 end_of_the_skype_highlighting//Here is the contact info for members of the Boston City Council, which could pass a resolution directing the Police Commissioner to arrest Rumsfeld on sight (google Brattleboro Resolution, George W. Bush):
And Gov. Duval Patrick has an obligation to order the state police to do the same: CONTACT FORM
Local District Attorneys
Berkshire County: District Attorney David F. Capeless
Elected November 2006
OFFICE ADDRESS: P.O. Box 973
888 Purchase Street
New Bedford, MA 02741
PHONE: (508) 997-0711 begin_of_the_skype_highlighting (508) 997-0711 end_of_the_skype_highlighting
FAX: (508) 997-0396
INTERNET ADDRESS: http://www.bristolda.com
Bristol County District Attorney C. Samuel Sutter
Appointed March 2004
Elected November 2004
OFFICE ADDRESS: 7 North Street
P.O. Box 1969
Pittsfield, MA 01202-1969
PHONE: (413) 443-5951 begin_of_the_skype_highlighting (413) 443-5951 end_of_the_skype_highlighting
FAX: (413) 499-6349
Internet Address: http://www.mass.gov/…
Cape & Islands District Attorney Michael O’Keefe
Elected November 2002
OFFICE ADDRESS: P.O.Box 455
3231 Main Street
Barnstable, MA 02630
PHONE: (508) 362-8113 begin_of_the_skype_highlighting (508) 362-8113 end_of_the_skype_highlighting
FAX: (508) 362-8221
INTERNET ADDRESS: http://www.mass.gov/…
Essex County: District Attorney Jonathan W. Blodgett
Elected November 2002
OFFICE ADDRESS: Ten Federal Street
Salem, MA 01970
PHONE: (978) 745-6610 begin_of_the_skype_highlighting (978) 745-6610 end_of_the_skype_highlighting
FAX: (978) 741-4971
INTERNET ADDRESS: http://www.mass.gov/…
Hampden District Attorney Mark Mastroianni
OFFICE ADDRESS: Hall of Justice
50 State Street
Springfield, MA 01103
PHONE: (413) 747-1000 begin_of_the_skype_highlighting (413) 747-1000 end_of_the_skype_highlighting
FAX: (413) 781-4745
Middlesex County: District Attorney Gerard T. Leone, Jr.
Elected November 2006
OFFICE ADDRESS: 15 Commonwealth Avenue
Woburn, MA 01801
PHONE: (781) 897-8300 begin_of_the_skype_highlighting (781) 897-8300 end_of_the_skype_highlighting
FAX: ((781) 897-8301
INTERNET ADDRESS: http://www.middlesexda.com
Norfolk District Attorney Michael Morrissey
OFFICE ADDRESS: 45 Shawmut Ave.
Canton, MA 02021
PHONE: (781) 830-4800 begin_of_the_skype_highlighting (781) 830-4800 end_of_the_skype_highlighting
FAX: (781) 830-4801
INTERNET ADDRESS: http://www.mass.gov/…
Northwestern District Attorney David Sullivan
HAMPSHIRE OFFICE ADDRESS: One Gleason Plaza
Northampton, MA 01060
PHONE: (413) 586-9225 begin_of_the_skype_highlighting (413) 586-9225 end_of_the_skype_highlighting
FAX: (413) 584-3635
FRANKLIN OFFICE ADDRESS: 13 Conway Street
Greenfield, MA 01301
PHONE: (413) 774-3186 begin_of_the_skype_highlighting (413) 774-3186 end_of_the_skype_highlighting
FAX: (413) 773-3278
Northwestern http://www.mass.gov/…< a href=”http://media.fastclick.net/w/click.here?sid=48406&m=6&c=1″ target=”_blank”><img src=”http://media.fastclick.net/w/get.media?sid=48406&m=6&tp=8&d=s&c=1″ width=300 height=250 border=1></Plymouth District Attorney Timothy J. Cruz
Appointed November 2001
Elected November 2002
OFFICE ADDRESS: 32 Belmont Street
Brockton, MA 02303
PHONE: (508) 584-8120 begin_of_the_skype_highlighting (508) 584-8120 end_of_the_skype_highlighting
FAX: (508) 586-3578
INTERNET ADDRESS: http://www.mass.gov/…
Suffolk County: District Attorney Daniel F. Conley
Appointed January 2002
Elected November 2002
OFFICE ADDRESS: One Bulfinch Place
Boston, MA 02114
PHONE: (617) 619-4000 begin_of_the_skype_highlighting (617) 619-4000 end_of_the_skype_highlighting
FAX: (617) 619-4009
INTERNET ADDRESS: http://www.mass.gov/…
Worcester District Attorney Joseph D. Early, Jr.
Elected November 2006
OFFICE ADDRESS: Courthouse – Room 220
2 Main Street
Worcester, MA 01608
PHONE: (508) 755-8601 begin_of_the_skype_highlighting (508) 755-8601 end_of_the_skype_highlighting
FAX: (508) 831-9899
INTERNET ADDRESS: http://www.worcesterda.com
The Fruits of Elite Immunity August 25, 2011Posted by rogerhollander in Criminal Justice, Dick Cheney.
Tags: cheney crimes, cheney wars, Dick Cheney, glenn greenwald, roger hollander, torture, War Crimes, warrantless searches
add a comment
Thursday, Aug 25, 2011 09:26 ET
Less than three years ago, Dick Cheney was presiding over policies that left hundreds of thousands of innocent people dead from a war of aggression, constructed a worldwide torture regime, and spied on thousands of Americans without the warrants required by law, all of which resulted in his leaving office as one of the most reviled political figures in decades. But thanks to the decision to block all legal investigations into his chronic criminality, those matters have been relegated to mere pedestrian partisan disputes, and Cheney is thus now preparing to be feted — and further enriched — as a Wise and Serious Statesman with the release of his memoirs this week: one in which he proudly boasts (yet again) of the very crimes for which he was immunized. As he embarks on his massive publicity-generating media tour of interviews, Cheney faces no indictments or criminal juries, but rather reverent, rehabilitative tributes, illustrated by this, from Politico today:
That’s what happens when the Government — marching under the deceitful Orwellian banner of Look Forward, Not Backward — demands that its citizens avert their eyes from the crimes of their leaders so that all can be forgotten: the crimes become non-crimes, legitimate acts of political choice, and the criminals become instantly rehabilitated by the message that nothing they did warrants punishment. That’s the same reason people like John Yoo and Alberto Gonzales are defending their torture and illegal spying actions not in a courtroom but in a lush conference of elites in Aspen.
The U.S. Government loves to demand that other countries hold their political leaders accountable for serious crimes, dispensing lectures on the imperatives of the rule of law. Numerous states bar ordinary convicts from profiting from their crimes with books. David Hicks, an Australian citizen imprisoned without charges for six years at Cheney’s Guantanamo, just had $10,000 seized by the Australian government in revenue from his book about his time in that prison camp on the ground that he is barred from profiting from his uncharged, unproven crimes.
By rather stark contrast, Dick Cheney will prance around the next several weeks in the nation’s largest media venues, engaging in civil, Serious debates about whether he was right to invade other countries, torture, and illegally spy on Americans, and will profit greatly by doing so. There are many factors accounting for his good fortune, the most important of which are the protective shield of immunity bestowed upon him by the current administration and the more generalized American principle that criminal accountability is only for ordinary citizens and other nations’ (unfriendly) rulers.
* * * * *
Speaking of that principle, Matt Taibbi today explores the battle between New York Attorney General Eric Schneiderman and the White House over accountability for Wall Street’s mortgage fraud schemes.
UPDATE: I’ll be on MSNBC tonight at 8:10 pm EST or so, on Lawrence O’Donnell’s Last Word program, talking about these matters with guest-host Chris Hayes.
Tags: al-Qaeda, bin Laden, cia, Colin Powell, dan froomkin, detainees, Dick Cheney, donald rumsfeld, George W. Bush, Glenn Carle, Guantanamo, interrogation, john yoo, Khalid Sheikh Mohammed, ksm, larry wilkerson, Liz Cheney, matthew alexander, Politics News, roger hollander, Steven Kleinman, torture, Torture Debate, torture memos, war on terror, waterboarding
add a comment
Dan Froomkin, www.huffingtonpost.com, May 6, 2011
Torture apologists are reaching precisely the wrong conclusion from the back-story of the hunt for Osama bin Laden, say experienced interrogators and intelligence professionals.
Defenders of the Bush administration’s interrogation policies have claimed vindication from reports that bin Laden was tracked down in small part due to information received from brutalized detainees some six to eight years ago.
But that sequence of events — even if true — doesn’t demonstrate the effectiveness of torture, these experts say. Rather, it indicates bin Laden could have been caught much earlier had those detainees been interrogated properly.
“I think that without a doubt, torture and enhanced interrogation techniques slowed down the hunt for bin Laden,” said an Air Force interrogator who goes by the pseudonym Matthew Alexander and located Abu Musab al-Zarqawi, the leader of al Qaeda in Iraq, in 2006.
It now appears likely that several detainees had information about a key al Qaeda courier — information that might have led authorities directly to bin Laden years ago. But subjected to physical and psychological brutality, “they gave us the bare minimum amount of information they could get away with to get the pain to stop, or to mislead us,” Alexander told The Huffington Post.
“We know that they didn’t give us everything, because they didn’t provide the real name, or the location, or somebody else who would know that information,” he said.
In a 2006 study by the National Defense Intelligence College, trained interrogators found that traditional, rapport-based interviewing approaches are extremely effective with even the most hardened detainees, whereas coercion consistently builds resistance and resentment.
“Had we handled some of these sources from the beginning, I would like to think that there’s a good chance that we would have gotten this information or other information,” said Steven Kleinman, a longtime military intelligence officerwho has extensively researched, practiced and taught interrogation techniques.
“By making a detainee less likely to provide information, and making the information he does provide harder to evaluate, they hindered what we needed to accomplish,” said Glenn L. Carle, a retired CIA officer who oversaw the interrogation of a high-level detainee in 2002.
But the discovery and killing of bin Laden was enough for defenders of the Bush administration to declare that their policies had been vindicated.
Liz Cheney, daughter of the former vice president, quickly issued a statement declaring that she was “grateful to the men and women of America’s intelligence services who, through their interrogation of high-value detainees, developed the information that apparently led us to bin Laden.”
John Yoo, the lead author of the “Torture Memos,” wrote in the Wall Street Journal that bin Laden’s death “vindicates the Bush administration, whose intelligence architecture marked the path to bin Laden’s door.”
Former Bush secretary of defense Donald Rumsfeld declared that “the information that came from those individuals was critically important.”
The Obama White House pushed back against that conclusion this week.
“The bottom line is this: If we had some kind of smoking-gun intelligence from waterboarding in 2003, we would have taken out Osama bin Laden in 2003,” Tommy Vietor, spokesman for the National Security Council, told The New York Times.
Chronological detailsof the hunt for bin Laden remain murky, but piecing together various statements from administration and intelligence officials, it appears the first step may have been the CIA learning the nickname of an al Qaeda courier — Abu Ahmed al-Kuwaiti — from several detainees picked up after the Sept. 11, 2001, terrorist attacks.
Then, in 2003, Khalid Sheikh Mohammed (KSM), the 9/11 mastermind, was captured, beaten, slammed into walls, shackled in stress positions and made to feel like he was drowning 183 times in a month. When asked about al-Kuwaiti, however, KSM denied that the he had anything to do with al Qaeda.
In 2004, officials detained a man named Hassan Ghul and brought him to one of the CIA’s black sites, where he identified al-Kuwaiti as a key courier.
A third detainee, Abu Faraj al-Libi, was arrested in 2005 and under CIA interrogation apparently denied knowing al-Kuwaiti at all.
Once the courier’s real name was established — about four years ago, and by other means — intelligence analysts stayed on the lookout for him. After he was picked up on a monitored phone call last year, he ultimately led authorities to bin Laden.
The link between the Bush-era interrogation regime and bin Laden’s killing, then, appears tenuous — especially since two of the three detainees in question apparently provided deceptive information about the courier even after being interrogated under durress.
“It simply strains credulity to suggest that a piece of information that may or may not have been gathered eight years ago somehow directly led to a successful mission on Sunday. That’s just not the case,” said White House Press Secretary Jay Carney.
But for Alexander, Kleinman and others, the key takeaway is not just that the torture didn’t work, but that it was actually counterproductive.
“The question is: What else did KSM have?” Alexander asked. And he’s pretty sure he knows the answer: KSM knew the courier’s real name, “or he knew who else knew his real name, or he knew how to find him — and he didn’t give any of that information,” Alexander said.
Alexander’s book, “Kill or Capture,” chronicles how the non-coercive interrogation of a dedicated al Qaeda member led to Zarqawi’s capture.
“I’m 100 percent confident that a good interrogator would have gotten additional leads” from KSM, Alexander said.
“Interrogation is all about getting access to someone’s uncorrupted memory,” explained Kleinman, who as an Air Force reserve colonel in Iraq in 2003 famously tried, but failed, to stop the rampant, systemic abuse of detainees there. “And you can’t get access to someone’s uncorrupted memory by applying psychological, physical or emotional force.”
Quite to the contrary, coercion is known to harden resistance. “It makes an individual hate you and find any way in their mind to fight back,” and it inhibits their recall, Kleinman said. Far preferable, he said, is a “more thoughtful, culturally-enlightened, science-based approach.”
“I never saw enhanced interrogation techniques work in Iraq; I never saw even harsh techniques work in Iraq,” Alexander said. “In every case I saw them slow us down, and they were always counterproductive to trying to get people to cooperate.”
Carle, who was not a trained interrogator, said he came to recognize that interrogation was a lot like something he did know how to do: manage intelligence assets in the field.
“Perverse and imbalanced as the relationship is between interrogator and detainee, it’s nonetheless a human relationship, and building upon that, manipulating the person, dealing straight with the person, simply coming to understand the person and vice versa, one can move forward,” he told reporters on a conference call Thursday.
Carle’s upcoming book, “The Interrogator,” chronicles his growing doubts about his orders from his superiors.
“The methods that I was urged to embrace, I found first-hand — putting aside the moral and legal issues, which we really cannot put aside — from a practical and a tactical and a strategic sense and a moral and legal one, the methods are counterproductive,” he said.
“They do not work,” he added. “They cause retrograde motion from what you’re seeking to accomplish. They increase resentment, not cooperation. They increase the difficulty in assessing what information you do hear is valid. They increase the likelihood that you will be given disinformation and have opposition from the person that you’re interrogating, across the board.”
Carle said the detainee he worked with regressed when coerced. “All it did was increase resentment and misery,” he said.
Larry Wilkerson, chief of staff under former secretary of state Colin Powell, said, “I’d be naive if I said it never worked,” referring to enhanced interrogation techniques.
“Of course, occasionally it works, Wilkerson said. “But most of the time, what torture is useful for is confessions. It’s not good for getting actionable intelligence.”
Experts agree that torture is particularly good at one thing: eliciting false confessions.
Bush-era interrogation techniques, were modeled after methods used by Chinese Communists to extract confessions from captured U.S. servicemen that they could then use for propaganda during the Korean War.
“Somehow our government decided that … these were effective means of obtaining information,” Carle said. “Nothing could be further from the truth.”
At a hearing in Guantanamo, several years after being waterboarded, KSM described how he would lie — specifically about bin Laden’s whereabouts — just to make the torture stop. “I make up stories,” Mohammed said. “Where is he? I don’t know. Then, he torture me,” KSM said of an interrogator. “Then I said, ‘Yes, he is in this area.’”
There are many other reasons to be skeptical of the argument that torture can lead to actionable intelligence, and specifically that enhanced interrogation led investigators to bin Laden.
And though its defenders are now trying to talk up the significance of the earlier intelligence, around the time of al-Libi’s interrogation, the CIA was not stepping up the hunt for bin Laden. Instead, it was closing down the unit that had been dedicated to hunting bin Laden and his top lieutenants.
This new scenario hardly supports a defense of torture on the grounds that it’s appropriate in “ticking time bomb” scenarios, Alexander said. “Show me an interrogator who says that eight years is a good result.”
The interrogation experts also noted the significant role Yoo, Rumsfeld and former Vice President Cheney each played in opening the door to controversial interrogation practices.
Wilkerson has long argued that there is ample evidence showing that “the Office of the Vice President bears responsibility for creating an environment conducive to the acts of torture and murder committed by U.S. forces in the war on terror.”
Yoo wrote several memos that explicitly sanctioned measures that many have deemed constitute torture, and the memo from Rumsfeld authorizing the use of stress positions, hooding and dogs was widely seen as a sign to the troops that the “gloves could come off.”
“These guys are trying to save their reputations, for one thing,” Alexander said. “They have, from the beginning, been trying to prevent an investigation into war crimes.”
“They don’t want to talk about the long term consequences that cost the lives of Americans,” Alexander added. The way the U.S. treated its prisoners “was al-Qaeda’s number-one recruiting tool and brought in thousands of foreign fighters who killed American soldiers,” Alexander said. “And who want to live with that on their conscience?”
From Bush himself on down, the defenders of his interrogation regime have long insisted that it never amounted to torture. But waterboarding, the single most controversial aspect of Bush’s interrogation regime, has been an archetypal form of torture dating back to the Spanish Inquisition. It involves strapping someone to a board and simulating drowning them. The U.S. government has historically considered it a war crime.
One can quibble over the proper term for some of the other tactics employed with official sanction, including forced nudity, isolation, bombardment with noise and light, deprivation of food, forced standing, repeated beatings, applications of cold water, the use of dogs, slamming prisoners into walls, shackling them in stress positions and keeping them awake for as long as 180 hours. But they comprise violations of human dignity, as codified by the United Nations — and championed by the U.S. government — ever since World War II.
Many have argued that whether torture works or not is irrelevant — that it is flatly illegal, immoral, and contrary to core American principles — and that even if it were effective, it would still be anathema.
But that torture is unparalleled in its ability to obtain intelligence is the central argument of its defenders. To concede that torture doesn’t work — as Alexander, Kleinman and Carle, among others, say — would be to forfeit the whole game. It would be admitting that cruelty was both the means and the end.
And so the debate goes on.
This article has been updated to include more information on waterboarding and historical background on other interrogation techniques.
* * * * * *Dan Froomkin is senior Washington correspondent for The Huffington Post. You can send him an email, bookmark his page, subscribe to his RSS feed, follow him on Twitter, friend him on Facebook, and/or become a fan and get email alerts when he writes.
Waterboarding for dummies March 9, 2010Posted by rogerhollander in Human Rights, Torture.
Tags: cia, Dick Cheney, enhanced interrogation, geneva conventions, human rights, mark benjamin, nuremberg, steven bradbury, torture, torture memo, waterboarding
add a comment
(Roger’s note: in case you were wondering just how low into barbarism the United States government has sunk.)
Internal CIA documents reveal a meticulous protocol that was far more brutal than Dick Cheney’s “dunk in the water”
Self-proclaimed waterboarding fan Dick Cheney called it a no-brainer in a 2006 radio interview: Terror suspects should get a “a dunk in the water.” But recently released internal documents reveal the controversial “enhanced interrogation” practice was far more brutal on detainees than Cheney’s description sounds, and was administered with meticulous cruelty.
Interrogators pumped detainees full of so much water that the CIA turned to a special saline solution to minimize the risk of death, the documents show. The agency used a gurney “specially designed” to tilt backwards at a perfect angle to maximize the water entering the prisoner’s nose and mouth, intensifying the sense of choking – and to be lifted upright quickly in the event that a prisoner stopped breathing.
The documents also lay out, in chilling detail, exactly what should occur in each two-hour waterboarding “session.” Interrogators were instructed to start pouring water right after a detainee exhaled, to ensure he inhaled water, not air, in his next breath. They could use their hands to “dam the runoff” and prevent water from spilling out of a detainee’s mouth. They were allowed six separate 40-second “applications” of liquid in each two-hour session – and could dump water over a detainee’s nose and mouth for a total of 12 minutes a day. Finally, to keep detainees alive even if they inhaled their own vomit during a session – a not-uncommon side effect of waterboarding – the prisoners were kept on a liquid diet. The agency recommended Ensure Plus.
“This is revolting and it is deeply disturbing,” said Dr. Scott Allen, co-director of the Center for Prisoner Health and Human Rights at Brown University who has reviewed all of the documents for Physicians for Human Rights. “The so-called science here is a total departure from any ethics or any legitimate purpose. They are saying, ‘This is how risky and harmful the procedure is, but we are still going to do it.’ It just sounds like lunacy,” he said. “This fine-tuning of torture is unethical, incompetent and a disgrace to medicine.”
These torture guidelines were contained in a ream of internal government documents made public over the past year, including a legal review of Bush-era CIA interrogations by the Justice Department’s Office of Professional Responsibility released late last month.
Though public, the hundreds of pages of documents authorizing or later reviewing the agency’s “enhanced interrogation program” haven’t been mined for waterboarding details until now. While Bush-Cheney officials defended the legality and safety of waterboarding by noting the practice has been used to train U.S. service members to resist torture, the documents show that the agency’s methods went far beyond anything ever done to a soldier during training. U.S. soldiers, for example, were generally waterboarded with a cloth over their face one time, never more than twice, for about 20 seconds, the CIA admits in its own documents.
These memos show the CIA went much further than that with terror suspects, using huge and dangerous quantities of liquid over long periods of time. The CIA’s waterboarding was “different” from training for elite soldiers, according to the Justice Department document released last month. “The difference was in the manner in which the detainee’s breathing was obstructed,” the document notes. In soldier training, “The interrogator applies a small amount of water to the cloth (on a soldier’s face) in a controlled manner,” DOJ wrote. “By contrast, the agency interrogator … continuously applied large volumes of water to a cloth that covered the detainee’s mouth and nose.”
One of the more interesting revelations in the documents is the use of a saline solution in waterboarding. Why? Because the CIA forced such massive quantities of water into the mouths and noses of detainees, prisoners inevitably swallowed huge amounts of liquid – enough to conceivably kill them from hyponatremia, a rare but deadly condition in which ingesting enormous quantities of water results in a dangerously low concentration of sodium in the blood. Generally a concern only for marathon runners , who on extremely rare occasions drink that much water, hyponatremia could set in during a prolonged waterboarding session. A waterlogged, sodium-deprived prisoner might become confused and lethargic, slip into convulsions, enter a coma and die.
Therefore, “based on advice of medical personnel,” Principal Deputy Assistant Attorney General Steven Bradbury wrote in a May 10, 2005, memo authorizing continued use of waterboarding, “the CIA requires that saline solution be used instead of plain water to reduce the possibility of hyponatremia.”
The agency used so much water there was also another risk: pneumonia resulting from detainees inhaling the fluid forced into their mouths and noses. Saline, the CIA argued, might reduce the risk of pneumonia when this occurred.
“The detainee might aspirate some of the water, and the resulting water in the lungs might lead to pneumonia,” Bradbury noted in the same memo. “To mitigate this risk, a potable saline solution is used in the procedure.”
That particular Bradbury memo laid out a precise and disturbing protocol for what went on in each waterboarding session. The CIA used a “specially designed” gurney for waterboarding, Bradbury wrote. After immobilizing a prisoner by strapping him down, interrogators then tilted the gurney to a 10-15 degree downward angle, with the detainee’s head at the lower end. They put a black cloth over his face and poured water, or saline, from a height of 6 to 18 inches, documents show. The slant of the gurney helped drive the water more directly into the prisoner’s nose and mouth. But the gurney could also be tilted upright quickly, in the event the prisoner stopped breathing.
Detainees would be strapped to the gurney for a two-hour “session.” During that session, the continuous flow of water onto a detainee’s face was not supposed to exceed 40 seconds during each pour. Interrogators could perform six separate 40-second pours during each session, for a total of four minutes of pouring. Detainees could be subjected to two of those two-hour sessions during a 24-hour period, which adds up to eight minutes of pouring. But the CIA’s guidelines say interrogators could pour water over the nose and mouth of a detainee for 12 minutes total during each 24-hour period. The documents do not explain the extra four minutes to get to 12.
Interrogators were instructed to pour the water when a detainee had just exhaled so that he would inhale during the pour. An interrogator was also allowed to force the water down a detainee’s mouth and nose using his hands. “The interrogator may cup his hands around the detainee’s nose and mouth to dam the runoff,” the Bradbury memo notes. “In which case it would not be possible for the detainee to breathe during the application of the water.”
“We understand that water may enter – and accumulate in – the detainee’s mouth and nasal cavity, preventing him from breathing,” the memo admits.
Should a prisoner stop breathing during the procedure, the documents instructed interrogators to rapidly tilt the gurney to an upright position to help expel the saline. “If the detainee is not breathing freely after the cloth is removed from his face, he is immediately moved to a vertical position in order to clear the water from his mouth, nose, and nasopharynx,” Bradbury wrote. “The gurney used for administering this technique is specially designed so that this can be accomplished very quickly if necessary.”
Documents drafted by CIA medical officials in 2003, about a year after the agency started using the waterboard, describe more aggressive procedures to get the water out and the subject breathing. “An unresponsive subject should be righted immediately,” the CIA Office of Medical Services ordered in its Sept. 4, 2003, medical guidelines for interrogations. “The interrogator should then deliver a sub-xyphoid thrust to expel the water.” (That’s a blow below the sternum, similar to the thrust delivered to a chocking victim in the Heimlich maneuver.)
But even those steps might not force the prisoner to resume breathing. Waterboarding, according to the Bradbury memo, could produce “spasms of the larynx” that might keep a prisoner from breathing “even when the application of water is stopped and the detainee is returned to an upright position.” In such cases, Bradbury wrote, “a qualified physician would immediately intervene to address the problem and, if necessary, the intervening physician would perform a tracheotomy.” The agency required that “necessary emergency medical equipment” be kept readily available for that procedure. The documents do not say if doctors ever performed a tracheotomy on a prisoner.
The doctors were also present to monitor the detainee “to ensure that he does not develop respiratory distress.” A leaked 2007 report from the International Committee of the Red Cross says that meant the detainee’s finger was fixed with a pulse oxymeter, a device that measures the oxygen saturation level in the blood during the procedure. Doctors like Allen say this would allow interrogators to push a detainee close to death – but help them from crossing the line. “It is measuring in real time the oxygen content in the blood second by second,” Allen explained about the pulse oxymeter. “It basically allows them to push these prisoners more to the edge. With that, you can keep going. This is calibration of harm by health professionals.”
One of the weirdest details in the documents is the revelation that the agency placed detainees on liquid diets prior to the use of waterboarding. That’s because during waterboarding, “a detainee might vomit and then aspirate the emesis,” Bradbury wrote. In other words, breathe in his own vomit. The CIA recommended the use of Ensure Plus for the liquid diet.
Plowing through hundreds of pages of these documents is an unsettling experience. On one level, the detailed instructions can be seen as helping to carry out kinder, gentler waterboarding, with so much care and attention given to making sure detainees didn’t stop breathing, get pneumonia, breathe in their own vomit or die. But of course dead detainees tell no tales, so the CIA needed to keep many of its prisoners alive. It should be noted, though, that six human rights groups in 2007 released a report showing that 39 people who appeared to have gone into the CIA’s secret prison network haven’t shown up since. The careful attention to detail in the documents was also used to provide legal cover for the harsh and probably illegal interrogation tactics.
As brutal as the waterboarding process was, the memos also reveal that the Bush-era Justice Department authorized the CIA to use it in combination with other forms of torture. Specifically, a detainee could be kept awake for more than seven days straight by shackling his hands in a standing position to a bolt in the ceiling so he could never sit down. The agency diapered and hand-fed its detainees during this period before putting them on the waterboard. Another memo from Bradbury, also from 2005, says that in between waterboarding sessions, a detainee could be physically slammed into a wall, crammed into a small box, placed in “stress positions” to increase discomfort and doused with cold water, among other things.
The CIA’s waterboarding regimen was so excruciating, the memos show, that agency officials found themselves grappling with an unexpected development: detainees simply gave up and tried to let themselves drown. “In our limited experience, extensive sustained use of the waterboard can introduce new risks,” the CIA’s Office of Medical Services wrote in its 2003 memo. “Most seriously, for reasons of physical fatigue or psychological resignation, the subject may simply give up, allowing excessive filling of the airways and loss of consciousness.”
The agency’s medical guidelines say that after a case of “psychological resignation” by a detainee on the waterboard, an interrogator had to get approval from a CIA doctor before doing it again.
The memo also contains a last, little-noticed paragraph that may be the most disturbing of all. It seems to say that the detainees subjected to waterboarding were also guinea pigs. The language is eerily reminiscent of the very reasons the Nuremberg Code was written in the first place. That paragraph reads as follows:
“NOTE: In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented: how long each application (and the entire procedure) lasted, how much water was used in the process (realizing that much splashes off), how exactly the water was applied, if a seal was achieved, if the naso- or oropharynx was filled, what sort of volume was expelled, how long was the break between applications, and how the subject looked between each treatment.”