Tag: Torture

After much wrangling with the White House and the CIA, the US Senate Select Committee on Intelligence (SSCI) released the 525 page executive summary of its full 6000 page report on the CIA’s detention and interrogation better known as the Torture Report. After five years and $40 million, the bulk of the report remains classified. If the executive report is any sample of what the CIA did, the rest of the report is must be really damning.

In a laughable move today, the Senate today passed an amendment to the 2016 National Defense Authorization Act that would forbid the use of torture by any agent of the U.S. government and standardize certain noncoercive interrogation methods across the government’s military and intelligence arms. This is “laughable” because torture is already against the law in this country, President Obama chose not the enforce the laws.

Instead the Obama administration has kept hidden much of the evidence under the guise of “national security,” in clear violation of US and International laws. Even more laughable is President Obama’s statement after the release of the SSCI’s executive report when he said, “one of the strengths that makes America exceptional is our willingness to openly confront our past, face our imperfections, make changes and do better.”  It was nauseating to hear that statement praised. Without holding anyone accountable, by promoting and appointing to office those who authorized and ordered torture, Pres. Obama is complicit in their crimes.

Yesterday another CIA atrocity has been exposed:

CIA torture appears to have broken spy agency rule on human experimentation

By Spencer Ackerman, The Guardian

The Central Intelligence Agency had explicit guidelines for “human experimentation” – before, during and after its post-9/11 torture of terrorism detainees – that raise new questions about the limits on the agency’s in-house and contracted medical research.

Sections of a previously classified CIA document, made public by the Guardian on Monday, empower the agency’s director to “approve, modify, or disapprove all proposals pertaining to human subject research”. The leeway provides the director, who has never in the agency’s history been a medical doctor, with significant influence over limitations the US government sets to preserve safe, humane and ethical procedures on people.

CIA director George Tenet approved abusive interrogation techniques, including waterboarding, designed by CIA contractor psychologists. He further instructed the agency’s health personnel to oversee the brutal interrogations – the beginning of years of controversy, still ongoing, about US torture as a violation of medical ethics.

But the revelation of the guidelines has prompted critics of CIA torture to question how the agency could have ever implemented what it calls “enhanced interrogation techniques” – despite apparently having rules against “research on human subjects” without their informed consent.

Indeed, despite the lurid name, doctors, human-rights workers and intelligence experts consulted by the Guardian said the agency’s human-experimentation rules were consistent with responsible medical practices. The CIA, however, redacted one of the four subsections on human experimentation.

“The more words you have, the more you can twist them, but it’s not a bad definition,” said Scott Allen, an internist and medical adviser to Physicians for Human Rights.

The agency confirmed to the Guardian that the document was still in effect during the lifespan of the controversial rendition, detention and interrogation program.

After reviewing the document, one watchdog said the timeline suggested the CIA manipulated basic definitions of human experimentation to ensure the torture program proceeded.

“Crime one was torture. The second crime was research without consent in order to say it wasn’t torture,” said Nathaniel Raymond, a former war-crimes investigator with Physicians for Human Rights and now a researcher with Harvard University’s Humanitarian Initiative.

In one more of his memorable segments, John Oliver, host of HBO’s “Last Week Tonight,” enlisted Dame Helen Mirren to read parts of the executive report.

We don’t need another law, we need the torturers brought to justice.

If you haven’t watched the PBS Frontline segment on “Secrets, Politics and Lies,” you should but be prepared to get really angry. It is a painful indictment of the war crimes committed by the CIA since September 11, 2001, under the guise of legality, that will leave you wondering if we truly have a democracy left in the country. Not only are the administrations of George W. Bush and Barack Hussein Obama responsible for the crimes that were committed, they were, and are, responsible for the cover up. And so is the media.

The program opens with the critique of the CIA propaganda film “Zero Dark Thirty” that the agency used as a means to sell the lie that tortured worked and was crucial in finding Osama bin Laden. We know now, it wasn’t and didn’t. Watching men like former CIA lawyer John Rizzo and the agency’s former Deputy Director John McLaughlin coldly rationalize their crimes will make you wonder why they aren’t in prison. That’s easily answered. President Barack Obama wanted it swept under the rug and his Attorney General Eric Holder’s justice department put little to no effort in making the case for war crimes.

This is the first five minutes of the show. Warning, some of it is graphic.

America on evil: Stunning PBS Frontline doc reveals the depths of CIA propaganda

By Heather Digby Parton, Salon

“Secrets, Politics and Torture” tells the deeply disturbing story of an intelligence community’s craven lies

according to the Frontline documentary “Secrets, Politics and Torture,” the official story the film depicted was a lie, so perhaps the classified information Panetta and company shared with the “Zero Dark Thirty” production was false as well. It’s not a crime to spread government propaganda. If it were, the entire leadership of the U.S. intelligence services and a fair number of top White House officials would be legally exposed.

The Frontline film, takes a detailed look at the torture program and the saga of the Senate Select Committee on Intelligence Torture Report, the summary of which was finally released last December. (The 6,000 page report remains classified.) We know about the waterboarding and confining of prisoners in a tiny box for days, the sleep deprivation, the beatings and the grotesque depravities like “rectal feeding” from the Senate report.  It reads like a bureaucratic version of the Marquis de Sade’s “20 days of Sodom.” Seeing all that put in context with the lies and the coverup lends it a new layer of horror.

Of particular interest in this film are the interviews with top CIA officials John Rizzo, the agency’s legal counsel, and John McLaughlin, the deputy CIA director at the time, both of whom excuse any alleged shortcomings in the torture regime as a result of the agency being tasked with something it wasn’t trained to do. The film does make it clear that the members of the interrogation team, in the beginning at least, were sickened by what they were doing, but were told to continue by the people in Washington who insisted they keep doing it.

Rizzo is a complicated character who explains that he didn’t see his duty as one requiring him to question the morality of the program, but simply to find ways to protect the agency from legal exposure. And he cleverly did that by getting buy-in from the Department of Justice, members of Congress and the White House. He is a creature of the CIA, and is loyal to the agency. But he admits to being shaken when he went to John McCain, after the program had been revealed, to try to convince him that it was highly controlled and effective – and Mccain simply said, “it all sounds like torture to me.” Rizzo was also obviously upset that CIA Director of Operations Jose Rodriguez took it upon himself to destroy tapes of the first horrific interrogation, the revelation of which served as the catalyst for the Senate Torture Investigation.

But if Rizzo comes off as at least somewhat ambiguous about the whole thing, John McLaughlin reveals himself as one of the most chilling characters in recent American history. You wouldn’t assume that this rather bland looking fellow would look menacingly into the camera and hiss, “We were at war. Bad things happen in war,” as if he were in a Clint Eastwood movie. But he does just that.

He also specializes in fatuous nonsense like this:

   The CIA faced a real dilemma here: On the one hand, we knew this program would be contentious. On the other hand, we asked ourselves: Wouldn’t it be equally immoral if we failed to get this information and thousands of Americans died? If there was another 9/11? How immoral would that be? That’s the dilemma we were up against. And we felt a moral commitment to protect the United States.

That’s very stirringly heroic, but it ignores the fact that despite his insistence otherwise, there’s simply no evidence that their program was effective at all, much less any more effective than other means that didn’t require the United States of America to twist itself into a pretzel to try to justify its immoral behavior. And you have to wonder: With that kind of logic are there any limits to what we can do? It doesn’t sound like there are. [..]

This is reminiscent of one of those congressional investigations that came out of Seymour Hersh’s exposé of CIA activity mentioned earlier. The 1975 Pike Committee Investigation report into abuses by the agency (along with the FBI and the NSA) was never published because the Republicans opposed it. But it was leaked to Daniel Schorr, who finally managed to get some excerpts published in the Village Voice; and it was later published in its entirety in England.  Maybe somebody will leak the full Torture Report as well.

But the damage is already done, unfortunately. Torture was once a taboo, illegal and unthinkable, but it is now officially on the menu. John Brennan, the current CIA chief, would not rule out using it again in the future, saying it would be policy decision by our leaders. Bad things happen in wars, you know.

Esquire‘s Charles Pierce makes note of a recent article in the New York Times by investigative reporter Charles Savage who asks the only question worth asking:

But the open debate and vote was also striking because national security programs have so often been created in secret over the past 14 years – from the C.I.A.’s now-defunct torture program to sweeping surveillance activities to the use of drones to kill terrorism suspects away from combat zones. Secrecy has always been traditional and accepted in wartime, but traditional wars have an end. Under two administrations now, as the United States has remained on a permanent war footing against Al Qaeda and its splintering, morphing progeny, tensions over fighting battles in the shadows have steadily escalated. If this is a forever war, can a democracy wage it in secret?

And what Charlie said:

Secrecy is addictive. It deforms and mutates political institutions the way that alcohol and heroin deforms and mutates individual lives. It forces those institutions to take secrecy itself as their primary constituency. It forces the imperatives of secrets onto institutions designed to be free and open and democratically accountable. This is really what you’re being asked to debate when Chris Christie bellows about your not having civil liberties when you’re dead, or when Marco Rubio talks tough about what has to be done to maintain our values. The answer to Savage’s question is a definitive “no,” but that doesn’t really mean much any more.

Some of us will not give up the fight to bring these crimes to light and seek justice for the victims of these war criminals. There is no statute of limitation on war crimes, just ask Germany.

After serving 23 months in federal prison for exposing the Bush administration’s torture program, former CIA analyst John Kiriakou told Democracy Now!‘s Amy Goodman he would do it again and called for the prosecution of CIA officers who tortured prisoners.

In 2007, Kiriakou became the first CIA official to publicly confirm and detail the agency’s use of waterboarding. In January 2013, he was sentenced to two-and-a-half years in prison. Under a plea deal, Kiriakou admitted to a single count of violating the Intelligence Identities Protection Act by revealing the identity of a covert officer involved in the torture program to a freelance reporter, who did not publish it. In return, prosecutors dropped charges brought under the Espionage Act. Kiriakou is the only official to be jailed for any reason relating to CIA torture. Supporters say he was unfairly targeted in the Obama administration’s crackdown on government whistleblowers. A father of five, Kiriakou spent 14 years at the CIA as an analyst and case officer, leading the team that found high-ranking al-Qaeda member Abu Zubaydah in 2002. [..]

In a wide-ranging interview, Kiriakou says, “I would do it all over again,” after seeing the outlawing of torture after he came forward. Kiriakou also responds to the details of the partially released Senate Committee Report on the CIA’s use of torture; argues NSA whistleblower Edward Snowden did a “great national service,” but will not get a fair trial if he returns to the United States; and describes the conditions inside FCI Loretto, the federal prison where he served his sentence and saw prisoners die with “terrifying frequency” from lack of proper medical care.

Both CIA Director John Brennan and White House Chief of Staff, Denis McDonough should be fired for violating the constitutional separation of powers in the Senate Select Committee on Intelligence’s investigation into the Central Intelligence Agency’s spying on congressional aids who were looking into the CIA’s roll in torture. Now The CIA’s internal panel, with all the members close allies of Brennan or CIA insiders, released its report that concluded its own innocence and accused the Senate staffers of stealing the documents. From Tim Cushing at Techdirt

Now that the long-delayed CIA Torture Report has been released, it’s time to find someone to blame. Not for the torture, of course. There will apparently be no punishments handed down for the abuse uncovered by the Senate Intelligence Committee. (Also, apparently, there will be no huge international fallout. Remember just a few short weeks ago when we were promised increased terrorist activity if the report was released? Still waiting…) But there will be some noise made about the Senate’s alleged impropriety.

One-man transparency army Jason Leopold reports at Vice that the Senate allegedly stole documents from the CIA — documents they weren’t supposed to have access to. But the credulity of this assertion really depends on how much you trust the source. [..]

So, the CIA took it upon itself to perform an investigation no one asked for in order to clear itself of allegations that it had spied on Senate staffers. Chalk that one up to active disinterest by the administration in pursuing any allegations of wrongdoing associated with the Torture Report. Several months ago, the Senate claimed the CIA had hacked its computers and accessed Torture Report work-in-progress but the DOJ declined the invitation to investigate further.

Now, the CIA is claiming it was blameless (you know, other than the torture), based on its own internal investigation. The OIG report alleging CIA abuse of Senate computers was reviewed by the CIA’s in-house Accountability Board and determined to be “riddled with errors.”

The CIA’s accusations against the Senate boil down to a bundle of classified internal CIA documents known as the “Panetta Review.” [..]

Now, let’s suppose that all of the CIA’s allegations are true. If so, should the Senate be held accountable for actions it took that resulted in the exposure of CIA wrongdoing? Obviously, the CIA feels it should. But the documents “improperly accessed” were internal CIA documents that showed the agency was lying to its overseers about its interrogation techniques. Without this “improper” access, it’s likely the Torture Report wouldn’t have been as devastating. Large amounts of CIA wrongdoing would have remained undisclosed.

What’s included in the Panetta Review is information the Senate Intelligence Committee should have had access to in the first place. But the CIA deliberately and wrongfully withheld information that contradicted the narrative it was feeding to its overseers. If the Senate is to be punished for its wrongful access, then it follows that the CIA should be held accountable for its deliberate misrepresentation of its torture programs. Instead, there’s now a chance the investigators will pay for their (mild in comparison) misconduct while the agency walks away clean.

That’s not all, it seems Brennan was in cahoots with the White House, specifically, his good buddy, McDonough.

White House Knew CIA Snooped On Senate, Report Says

By Ali Watkins, The Huffington Post

Central Intelligence Agency Director John Brennan consulted the White House before directing agency personnel to sift through a walled-off computer drive being used by the Senate Intelligence Committee to construct its investigation of the agency’s torture program, according to a recently released report (pdf) by the CIA’s Office of the Inspector General.

The Inspector General’s report, which was completed in July but only released by the agency on Wednesday, reveals that Brennan spoke with White House chief of staff Denis McDonough before ordering CIA employees to “use whatever means necessary” to determine how certain sensitive internal documents had wound up in Senate investigators’ hands.

Brennan’s consultation with McDonough also came before the CIA revealed the search to then-Senate Intelligence Committee chair Dianne Feinstein (D-Calif.), whose staff was the target of the snooping.

The new information suggesting the White House was aware of — and did not stop — the CIA’s computer snooping is unlikely to improve the existing distrust between Senate committee members and the executive branch. Feinstein has said that the CIA’s computer search likely violated the constitutional separation of powers, an allegation the White House has declined to directly address.

John Brennan Exonerates Himself with Sham Investigation

By Dan Froomkin, The Intercept

The outrageous whitewash (pdf) issued yesterday by the CIA panel John Brennan hand-picked to lead the investigation into his agency’s spying on Senate staffers is being taken seriously by the elite Washington media, which is solemnly reporting that officials have been “cleared” of any “wrongdoing“.

But what the report really does is provide yet more evidence of Brennan’s extraordinary impunity.

The panel concluded that CIA officials acted reasonably by scouring Senate computer drives in early 2014 when faced with a “potential security breach”. (That “breach” had allowed Senate staffers investigating CIA torture to access, more than three years earlier, a handful of documents Brennan didn’t want them to see.) [..]

But the CIA yesterday also released a redacted version of the full report of an earlier investigation by the CIA’s somewhat more independent inspector general’s office (pdf). And between the two reports, it is now more clear than ever that Brennan was the prime mover behind a hugely inappropriate assault on the constitutional separation of powers, and continues to get away with it.

Most notably, the official who ran the CIA facility where the Senate staffers had been allowed to set up shop wrote in a memo to the inspector general that Brennan, after speaking with White House Chief of Staff Denis McDonough about the errant documents, called him and “emphasized that I was to use whatever means necessary to answer the question of how the documents arrived on the SSCI side of the system.” [..]

And it was Brennan who made the paramount error in judgement here, when he decided that finding out how a series of embarrassing, revelatory CIA documents found their way into the hands of congressional overseers – really not such a bad thing – was somehow more of a threat to national security than respecting the independence of a separate branch of government, recognizing whose job it is to provide oversight over who, or honoring the spirit of an agreement between the agency and the Senate.

The whitewash was very much by design. Brennan stocked the panel with three CIA staffers and two of the most easily manipulated, consummate Washington insiders you could possibly imagine: former senator Evan Bayh, whose reputation as an unprincipled opportunist is legend; and Bob Bauer, whose lifelong mission has been to raise money for Democrats, not take stands. Then, with in-your-face chutzpah, Brennan called it an “accountability board”.

Far from “clearing” anyone of anything, the panel’s report is just the latest element in a long string of cover-ups and deceptions orchestrated by Brennan.  [..]

The panel’s report can also be seen as Brennan’s total assault on David B. Buckley, the CIA inspector general who wrote the first, highly critical report on the incident – and who suddenly resigned a few days ago and is “out this week” according to his office. The report didn’t just bat down the inspector general’s conclusions as “unsupported”; it belittled them. In a recommendation that simply dripped with contempt, the panel concluded that “it would be better” if the inspector general’s office “kept more complete records of interviews.”

Meanwhile, the full (though redacted) inspector general’s report fleshes out a lot of the details of the previously-released executive summary, which generally concluded that the CIA had improperly accessed the Senate computers.

The CIA and NSA have become rogue agencies that need to be reigned in not just by congress but ny the executive branch, as well

In the wake of the release of the Senate’s Summary Report on the CIA torture program, a German human rights organization, European Center for Constitutional and Human Rights (ECCHR), has filed criminal charges in Germany against the architects of the program and the Bush administration.

17 December 2014 – The ECCHR has today lodged criminal complaints against former CIA head George Tenet, former Defense Secretary Donald Rumsfeld and other members of the administration of former US President George W. Bush. The ECCHR is accusing Tenet, Rumsfeld and a series of other persons of the war crime of torture under paragraph 8 section 1(3) of the German Code of Crimes against International Law (Völkerstrafgesetzbuch). The constituent elements of the crime of torture were most recently established in the case by the US Senate in its report on CIA interrogation methods. “The architects of the torture system – politicians, officials, secret service agents, lawyers and senior army officials – should be brought before the courts,” says ECCHR General Secretary Wolfgang Kaleck, who is appearing today in connection with the issue in front of the German Parliamentary Committee on legal affairs. “By investigating members of the Bush administration, Germany can help to ensure that those responsible for abduction, abuse and illegal detention do not go unpunished.” [..]

ECCHR calls on Federal Prosecutor Harald Range to open investigations into the actions of Tenet, Rumsfeld and other perpetrators and to set up a monitoring process as soon as possible. This would allow the German authorities to act immediately in the event that one of the suspects enters European soil and not have to wait until such point before beginning the complex investigations and legal deliberations. [..]

While criminal complaints against those most responsible for the crimes have been discontinued by the authorities, investigatory proceedings are ongoing in Spain and France in the case of individuals who were detained in Guantánamo. ECCHR is representing German resident Murat Kurnaz in the Spanish proceedings. There is no indication that legal action will be taken by US authorities in relation to torture in Guantánamo and in Iraq. For this reason, recourse will be had to all available legal mechanisms in Europe in order to establish legal liability and to lend support to calls within the US for independent investigations into those responsible at the highest level.

Other criminal complaints have been filed in Spain, Switzerland and France. So far, the only person involved with the CIA torture program who has been charged with a crime is the man who exposed the war crimes, whistleblower John Kiriakou.

Democracy Now!‘s Amy Goodman and Juan González spoke with Michael Ratner, president emeritus of the Center for Constitutional Rights and chairman of the European Center for Constitutional and Human Rights, and longtime defense attorney Martin Garbus about the charges.

Even the New York Times Editorial Board agreed and, in a scathing editorial, accused President Barack Obama of failing his duty to prosecute the tortures and their bosses.

He did allow his Justice Department to investigate the C.I.A.’s destruction of videotapes of torture sessions and those who may have gone beyond the torture techniques authorized by President George W. Bush. But the investigation did not lead to any charges being filed, or even any accounting of why they were not filed. [..]

These are, simply, crimes. They are prohibited by federal law, which defines torture as the intentional infliction of “severe physical or mental pain or suffering.” They are also banned by the Convention Against Torture, the international treaty that the United States ratified in 1994 and that requires prosecution of any acts of torture. [..]

No amount of legal pretzel logic can justify the behavior detailed in the report. Indeed, it is impossible to read it and conclude that no one can be held accountable. At the very least, Mr. Obama needs to authorize a full and independent criminal investigation. [..]

The question everyone will want answered, of course, is: Who should be held accountable? That will depend on what an investigation finds, and as hard as it is to imagine Mr. Obama having the political courage to order a new investigation, it is harder to imagine a criminal probe of the actions of a former president.

Actually, it’s not hard at all. Perhaps the president, after six years, has finely found the courage to do some of the things he promised when first elected, releasing the the innocent men tortured and held illegally at Guantanamo and normalizing diplomatic and some economic relations with Cuba, will find the courage to order his Attorney General to bring them up on charges and put this national disgrace to really behind us.

I have 2 articles for ya this morning!

First, the torture argument framed in a food for thought way:

A useful way of looking at torture: the bank robbery analogy

The comparisons between bank robbery and torture don’t end there. Our government and media have made the phrase “enhanced interrogation techniques” sound perfectly acceptable, when we all know it is simply a euphemism for torture. George Washington University law professor Jonathan Turley parodied this phrase when he pointed out that waterboarding is no more an enhanced interrogation technique than bank robbery is an enhanced money withdrawal technique.

Jump!

“The moral universe is not zero sum.” Chris Hayes, host of MSNBC’s All In, gets it.

   “Now the appropriate response to this new what-aboutism is twofold. First, as a basic matter of both moral law and principle, killing enemies in combat is sometimes permissible. Torturing them, however, never is. The prohibition on torture is categorical.

   In the American justice system, for example, you can sentence someone to death — though obviously I oppose that. You cannot sentence them to be tortured because torture occupies a special category of moral taboo.

   The second response to these latter-day what-aboutists is more or less the same one I would suggest we give the Soviets. It’s true. Many aspects of this government’s targeted killing program — maybe the entire thing — are morally odious and constitutionally suspect. They deserve criticism — heck, they even deserve outrage, though I would note the people who devote outrage to them tend to be the people who devote outrage toward torture, like ACLU and Amnesty International, and not Fox News.

   But that has no bearing whatsoever on whether it’s okay to pour water down someone’s nose until they foam at the mouth, to threaten to sexually abuse someone’s mother, or to anally rape someone with a feeding tube.

   And only a moral idiot would fail to see that.

(emhasis mine)

h/t karoli at Crooks and Liars for the partial transcript and this thought about what Chris’s “wisdom”:

Well, maybe he did include Scarborough in that rant through the back door. Because it’s obvious to anyone watching that Joe is indeed a moral idiot.