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Context of 'October 2003: Iraqi Air Force General Turns Himself in to US Authorities'

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John Durham.John Durham. [Source: Bob Child / Associated Press]After the Justice Department and CIA Inspector General conclude there should be a criminal probe into the destruction of videotapes showing interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see January 2, 2008), Attorney General Michael Mukasey appoints John Durham, a federal prosecutor from Connecticut, to oversee the case. The investigation would usually be handled by the prosecutor’s office in the Eastern District of Virginia, but that office is recused to avoid the appearance of a conflict of interests. Durham will not act as an independent special prosecutor like Patrick Fitzgerald in the Valerie Plame Wilson case, but will report to the Deputy Attorney General. [Salon, 1/2/2008] Durham made his name as a prosecutor in a difficult organized crime case in Boston. [New York Times, 1/13/2008] House Judiciary Committee Chairman John Conyers (D-MI) criticizes the appointment, saying, “it is disappointing that the Attorney General has stepped outside the Justice Department’s own regulations and declined to appoint a more independent special counsel in this matter… The Justice Department’s record over the past seven years of sweeping the administration’s misconduct under the rug has left the American public with little confidence in the administration’s ability to investigate itself. Nothing less than a special counsel with a full investigative mandate will meet the tests of independence, transparency and completeness.” [Salon, 1/2/2008]

Entity Tags: Michael Mukasey, US Department of Justice, John Conyers, Abd al-Rahim al-Nashiri, Abu Zubaida, John Durham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The American Civil Liberties Union (ACLU) releases Pentagon documents that include previously classified internal investigations into the abuse of detainees in US custody overseas. The documents provide new details about the deaths of detainees in Iraq, and internal dissent in the military over torture methods used at Guantanamo Bay. ACLU attorney Amrit Singh says: “These documents provide further evidence that the torture of prisoners in US custody abroad was not aberrational, but was widespread and systemic. They only underscore the need for an independent investigation into high-level responsibility for prisoner abuse.” The documents provide details of four investigations into prisoner deaths conducted by the Naval Criminal Investigation Service (NCIS):
bullet March 2003: Iraqi prisoner Hemdan El Gashame was shot to death in Nasiriyah (see March 2003);
bullet June 2003: A 53-year-old Iraqi man, Naem Sadoon Hatab, was strangled to death at the Whitehorse detainment camp in Nasiriyah (see June 2003);
bullet November 2003: Manadel al-Jamadi was beaten to death, apparently with a stove, at Abu Ghraib (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003 and November 5, 2003);
bullet 2004: Iraqi prisoner Farhad Mohamed died in Mosul (see 2004); later examination found contusions under his eyes and the bottom of his chin, a swollen nose, and cuts and large bumps on his forehead.
Another document shows that as far back as September 2002 Army officials were objecting to the methods used in interrogating Guantanamo prisoners (see September 2002). [American Civil Liberties Union, 5/14/2008]

Entity Tags: Manadel al-Jamadi, Farhad Mohamed, Amrit Singh, American Civil Liberties Union, Hemdan El Gashame, Naem Sadoon Hatab, Naval Criminal Investigative Service, US Department of Defense, US Department of the Army

Timeline Tags: Torture of US Captives

Newsweek reports that the Justice Department’s criminal investigation into the CIA’s destruction of video of the torture of al-Qaeda leaders Abu Zubaida and Abd al-Rahim al-Nashiri is continuing, but proceeding slowly. Federal prosecutor John Durham has recently filed a federal court affidavit that states he is examining whether anyone “obstructed justice, made false statements, or acted in contempt of court or Congress in connection with the destruction of the videotapes.” He is specifically attempting to determine if the destruction violated any judge’s order. But progress is slow, and the investigation is likely to take six months or more, which means any criminal charges will probably come after the November 2008 presidential elections. Two sources close to former intelligence officials who are potential key witnesses in the case say these officials have not been summoned to give grand jury testimony. One of them has not even been questioned by the FBI yet. [Newsweek, 6/28/2008] Attorney General Michael Mukasey appointed Durham to head the investigation in January 2008 (see January 2, 2008).

Entity Tags: John Durham, Abd al-Rahim al-Nashiri, Central Intelligence Agency, US Department of Justice, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA rehires a former officer who previously threatened al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). The officer, a former FBI translator known as “Albert,” is to train other CIA officers at a facility in northern Virginia to handle different scenarios they might face in the field. He continues with the training until 2008 at the latest. However, according to an anonymous US official, he will still be working as an intelligence contractor in 2010. Albert’s rehiring will be revealed by the Associated Press in September 2010. According to the Associated Press, human rights critics say Albert’s return as a contractor raises questions about how the intelligence community deals with those who used unauthorized interrogation methods. “The notion that an individual involved in one of the more notorious episodes of the CIA’s interrogation program is still employed directly or indirectly by the US government is scandalous,” Ben Wizner, an attorney with the American Civil Liberties Union, will comment. [Associated Press, 9/7/2010]

Entity Tags: Central Intelligence Agency, American Civil Liberties Union, “Albert”, Ben Wizner

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

The American Civil Liberties Union (ACLU) releases previously classified documents that contain excerpts from a government report on harsh interrogation tactics used by US personnel against detainees in Iraq, Afghanistan, and Guantanamo Bay. The excerpts document repeated instances of abusive behavior, sometimes resulting in the deaths of prisoners. The documents, obtained under the Freedom of Information Act (FOIA), contain a report by Vice Admiral Albert Church, who compiled a comprehensive report on the Defense Department’s interrogation operations. Church terms the interrogations at Bagram Air Force Base in Afghanistan as “clearly abusive, and clearly not in keeping with any approved interrogation policy or guidance.” Only two pages from the Church report were released without redactions.
Deaths at Bagram - A portion of the document reports on the deaths of two prisoners at Bagram (see December 5-9, 2002 and November 30-December 3, 2002), who were, the document states, “handcuffed to fixed objects above their heads in order to keep them awake.” The report continues: “Additionally, interrogations in both incidents involved the use of physical violence, including kicking, beating, and the use of ‘compliance blows,’ which involved striking the [prisoners] legs with the [interrogators] knees. In both cases, blunt force trauma to the legs was implicated in the deaths. In one case, a pulmonary embolism developed as a consequence of the blunt force trauma, and in the other case pre-existing coronary artery disease was complicated by the blunt force trauma.” Both detainees died from pulmonary embolisms caused by, the ACLU writes, “standing chained in place, sleep deprivation, and dozens of beatings by guards and possibly interrogators.”
Deaths at Other Facilities - The documents also report on torture conducted at Guantanamo and several US-Afghan prisons in Kabul; the death of prisoner Dilar Dababa in Iraq in 2003 at the hands of US forces; the torture and beating of an Iraqi prisoner at “The Disco,” a detention facility located in the Special Operations Force Compound at Mosul Airfield in Iraq; an investigation into torture and abuse at Abu Ghraib prison near Baghdad; and the murder of prisoner Abed Mowhoush.
Process Flowed Through Undersecretary Cambone - Columnist Scott Horton writes: “A large portion of the torture, maiming, and murder of detainees occurred under authority issued under secret rules of engagement in the Pentagon. Much of this flowed through Undersecretary of Defense for Intelligence Stephen Cambone, a figure who has so far evaded scrutiny in the torture scandal.… Even the Senate Armed Services Committee review fails to get to the bottom of Dr. Cambone, his interrogations ROEs for special operations units he controlled, and the death, disfigurement, and torture of prisoners they handled. This is one of many reasons why a comprehensive investigation with subpoena power is urgently needed. But full airing of the internal investigations already conducted by the Department of Defense is an essential next step.” [Raw Story, 2/12/2009; American Civil Liberties Union, 2/12/2009]

Entity Tags: Senate Armed Services Committee, American Civil Liberties Union, Albert T. Church III, Bush administration (43), Dilar Dababa, Stephen A. Cambone, US Department of Defense

Timeline Tags: Torture of US Captives

Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
bullet The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
bullet The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
bullet The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
bullet The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]

Entity Tags: Bush administration (43), Geneva Conventions, Obama administration, Karen Greenberg

Timeline Tags: Torture of US Captives

Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. [Public Record, 3/6/2009]

Entity Tags: John Durham, Abd al-Rahim al-Nashiri, Abu Zubaida, Central Intelligence Agency, American Civil Liberties Union, Lev Dassin, Amrit Singh, Jane Mayer

Timeline Tags: Torture of US Captives

The former US commander of Iraq prisons in 2003, retired Brigadier General Janis Karpinski, tells CBS News interviewers that she and her fellow senior officials were scapegoated by the Bush administration for the crimes and abuses that took place at Abu Ghraib prison. She says that every order concerning prisoner interrogations came from the top down. “These soldiers didn’t design these techniques on their own… we were following orders,” Karpinski says. “We were bringing this to our chain of command and they were saying whatever the military intelligence tells you to do out there you are authorized to do.” Karpinski’s interview is in response to the report just released by the Senate Armed Services Committee, which found that the torture policies carried out by the military came directly from the highest reaches of the Bush administration as early as 2002 (see April 21, 2009). The report also concludes that the Abu Ghraib abuses were a direct result of Bush administration policies, as were widespread abuses at Guantanamo Bay. After the Abu Ghraib scandal became well known, Karpinski was demoted to colonel and later retired. She says: “The line is clear. It went from Washington, DC. From the very top of the administration with the legal opinions through Bagram to Guantanamo Bay and then to Iraq via the commander from Guantanamo Bay, Cuba. And the contractors who were hired to do those things.” Asked about her assertion that she and the soldiers prosecuted for crimes committed at Abu Ghraib (see May 19, 2004-March 22, 2006 and January 16, 2005) were “scapegoated” by Bush officials, Karpinski says: “Scapegoat is the perfect word and it’s an understatement. Right now, with the hard, fast facts in those memos, the black and white proof, the administration is suggesting that those operatives should be immune from any investigations or persecution.” [CBS News, 4/22/2009]

Entity Tags: Senate Armed Services Committee, Bush administration (43), Janis L. Karpinski

Timeline Tags: Torture of US Captives

John Durham, a special counsel appointed by former Attorney General Michael Mukasey to investigate the destruction of video tapes made by the CIA of detainees’ interrogations (see January 2, 2008), summons CIA officers from overseas to testify before a grand jury. “Three legal sources familiar with the case” also say that Durham wants testimony from agency lawyers who gave advice relating to the November 2005 decision by Jose Rodriguez, then chief of the CIA’s clandestine service, to destroy the tapes (see Before November 2005 and November 2005). Newsweek will say this comes as a surprise to the CIA, whose officials have “plenty to worry about.” Previously, some lawyers on the case had thought Durham intended to wind down the probe without recommending any charges be brought. However, his recent activity has made them unsure. Newsweek will speculate that Durham “might simply be tying up loose ends.” Alternatively, he may be fixing to have charges brought. [Newsweek, 5/2/2009]

Entity Tags: US Department of Justice, Central Intelligence Agency, John Durham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Mary Patrice Brown.Mary Patrice Brown. [Source: Allgov (.com)]The Justice Department’s Office of Professional Responsibility (OPR) recommends reversing a Bush-era policy and reopening nearly a dozen prisoner abuse investigations, mostly in Iraq and Afghanistan. The decision could potentially expose CIA employees and contractors to prosecution for crimes involving brutalizing and torturing prisoners in US custody, particularly as some detainees died in custody and others were physically and mentally abused. The OPR makes the recommendation in early August, but the information is not reported in the media until later in the month. The decision comes as the Justice Department is ready to disclose new information on prisoner abuse from a 2004 report by the CIA’s inspector general that has never before been released (see May 7, 2004). The Bush-era Justice Department chose not to pursue investigations into any of the allegations, deciding that none of them warranted further inquiry. However, Attorney General Eric Holder reconsidered that decision after he saw the allegations and the accompanying evidence, much of which is contained in the 2004 CIA report. The OPR gives Holder additional leverage to reopen the investigations. The OPR report is primarily authored by the office’s new chief, Mary Patrice Brown, a federal prosecutor picked to replace the office’s former head, H. Marshall Jarrett, who is working elsewhere in the Justice Department. One case under review is that of Iraqi citizen Manadel al-Jamadi, who died in 2003 at Abu Ghraib prison (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003) after being captured by a team of Navy SEALs. Prosecutors believe he received his fatal injuries from his captors, but lawyers for the SEALs deny the charge. During President Bush’s tenure, the Justice Department responded to inquiries about the incidents from Democratic lawmakers with little more than summaries of the numbers of cases under scrutiny, and provided virtually no details about individual cases or explanations as to why the department chose not to prosecute. [New York Times, 8/24/2009]

Entity Tags: H. Marshall Jarrett, Central Intelligence Agency, Eric Holder, US Department of Justice, Manadel al-Jamadi, Mary Patrice Brown, Office of Professional Responsibility

Timeline Tags: Torture of US Captives

Attorney General Eric Holder announces he has appointed a federal prosecutor from Connecticut, John Durham, as a special prosecutor to investigate whether CIA interrogators broke any federal laws. [US Department of Justice, 8/24/2009; Washington Post, 8/25/2009]
Decision Stems from CIA IG Report - The investigation is preliminary in nature, and will decide whether a full investigation is warranted. Holder bases his decision in part on a just-released 2004 report on torture by the CIA’s inspector general (see August 24, 2009) and a Justice Department recommendation that there should be an investigation of about a dozen cases of possible abuse and torture from Iraq and Afghanistan (see First Half of August 2009). According to the conclusion of the CIA report: “The enhanced interrogation techniques used by the agency under the CTC [Counterterrorist Center] program are inconsistent with the public policy positions that the United States has taken regarding human rights. Unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used.” [New York Times, 8/24/2009; MSNBC, 8/25/2009] The review is also prompted by a report by the Justice Department’s Office of Professional Responsibility (OPR) into memoranda drafted by the department’s Office of Legal Counsel related to “enhanced interrogation techniques.” The OPR report recommends the department re-examine previous decisions not to prosecute in some cases related to the interrogation of certain detainees. The aim of the preliminary review is to find whether federal offenses were committed in some detainee interrogations. [US Department of Justice, 8/24/2009] According to the Washington Post, the review will focus on “a very small number of cases,” including one in which a CIA officer named Zirbel caused Afghan prisoner Gul Rahman to freeze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) and the intimidation of al-Qaeda leader Abd al-Rahim al-Nashiri by a CIA officer named “Albert” using a handgun and drill (see Between December 28, 2002 and January 1, 2003). These cases and the others were previously referred by the CIA inspector general to the Justice Department for examination, but the department decided not to prosecute (see (August 2004) and Mid-October 2005). [Washington Post, 9/19/2009; Associated Press, 9/7/2010]
Durham a Veteran Prosecutor - Durham has been investigating the CIA’s destruction of videotapes of interrogations that may have documented instances of torture (see January 2, 2008). Although Durham has a low public profile, he is a veteran of numerous high-level prosecutions, including cases against Boston-area organized crime figures, corrupt FBI agents, and former Governor John Rowland (R-CT). Durham is considered apolitical, and has worked closely with the Justice Department under both Democratic and Republican administrations. Connecticut defense lawyer Hugh Keefe calls him “the go-to guy for Justice whenever they get a hot case.” Former Connecticut prosecutor Mark Califano calls Durham’s approach to investigations “clinical,” and says he has “very rarely” concluded a case without bringing criminal charges. “He likes to make cases when there is evidence there,” Califano says. “You’ve got to balance whether that kind of information exists.… You can’t move forward if you don’t have the evidence.” [US Department of Justice, 8/24/2009; MSNBC, 8/25/2009; Washington Post, 8/25/2009] Boston prosecutors and defense attorneys have characterized Durham as “honest” and “tenacious.” Warren Bamford, who heads Boston’s FBI office, said Durham “kind of has blinders on in the sense that he doesn’t worry about the politics and all the other stuff that might be swirling around, and I think that’s really what makes him so successful.” [Boston Globe, 1/7/2008] In a statement, Holder says, “Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.” [Think Progress, 8/24/2009]
Senator: Durham a 'First-Rate' Choice - Senator Sheldon Whitehouse (D-RI) is enthusiastic about the choice of Durham. He says he has worked with Durham before, while Whitehouse was US Attorney for Rhode Island, and calls the prosecutor “very professional” and “a first-rate choice,” adding that Durham has “a very good grounding in this because he has been doing the investigation into the destruction of the torture tapes.” [MSNBC, 8/25/2009]
No Acknowledged 'Break' with White House - Holder notes that he will be criticized for undermining the CIA, and may be going against abjurations by President Obama to “move forward” instead of focusing on past transgressions, but says the facts left him little choice. “As attorney general, my duty is to examine the facts and to follow the law,” he says in a statement. “Given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take.… I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations.” White House officials say Holder’s decision does not mark a break between the White House and the Justice Department on their policies toward interrogations. Deputy press secretary Bill Burton tells reporters that “ultimately, the decisions on who is investigated and who is prosecuted are up to the attorney general.… The president thinks that Eric Holder, who he appointed as a very independent attorney general, should make those decisions.” [New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] Justice Department spokespersons refuse to say who will, and who will not, be investigated. [TPM Muckraker, 8/25/2009]

Entity Tags: Mark Califano, John Durham, Warren Bamford, Office of Professional Responsibility, Office of Legal Counsel (DOJ), Hugh Keefe, Obama administration, Eric Holder, Barack Obama, Bush administration (43), Matthew Zirbel, Central Intelligence Agency, “Albert”, Bill Burton, US Department of Justice, Sheldon Whitehouse

Timeline Tags: Torture of US Captives

The response by media and public officials to the announcement of a preliminary investigation by the Justice Department into whether crimes were committed in the course of a small number of detention and interrogation cases by the CIA (see August 24, 2009) is mixed. The investigation is headed by special prosecutor John Durham. Reporter Michael Isikoff says that it will be “difficult to bring cases against agency operatives when you have the [former] attorney general of the United States [John Ashcroft] saying repetitive use of waterboarding is okay with him. He has no problem with it. The Justice Department has no problem with it—which is why some people say if we’re not going to have criminal investigations at the very top, the leadership that authorized these programs, at least have full disclosure so the American public can know the full story of what happened.” Senator Ron Wyden (D-OR) criticizes the potential focus on interrogators and says the inquiry should focus on former Bush administration officials and Justice Department lawyers; he says the investigation could echo the Abu Ghraib investigation, where “lower ranking troops who committed abuses were hung out to dry.” Representative Peter Hoekstra (R-MI), the ranking Republican on the House Intelligence Committee, says the Justice Department inquiry risks disrupting current counterterrorism operations, and claims that abuse charges have already been “exhaustively reviewed.” [New York Times, 8/24/2009; MSNBC, 8/25/2009]
Lack of Accountability? - Joanne Mariner, the terrorism and counterterrorism program director at Human Rights Watch, says: “It’s heartening that the attorney general has opened a preliminary investigation of these crimes, but it’s crucial that its scope include senior officials who authorized torture. Lower-level CIA operatives—even if using so-called ‘unauthorized’ techniques—may still have relied on the letter or the spirit of high-level authorizations.” Human Rights Watch warns that if the investigation focuses solely on so-called “rogue” interrogators who acted without official authorization, but fails to investigate senior officials with responsibility for the interrogation program, it will lack credibility. The organization writes, “Such an approach would validate the Bush-era Justice Department memoranda that authorized torture.” It calls the US’s record on accountability for detainee abuse “abysmal.” [Human Rights Watch, 8/24/2009]
Focusing on 'Low-Level Operatives'? - The American Civil Liberties Union’s Jameel Jaffer later says that Durham’s investigation seems to be far too narrow in scope, focusing solely on CIA interrogators and ignoring Bush administration officials who authorized torture and other abusive actions. [TPM Muckraker, 8/31/2009] This position is echoed by the Center for Constitutional Rights, which states: “Responsibility for the torture program cannot be laid at the feet of a few low-level operatives. Some agents in the field may have gone further than the limits so ghoulishly laid out by the lawyers who twisted the law to create legal cover for the program, but it is the lawyers and the officials who oversaw and approved the program who must be investigated.” The center demands the appointment of “an independent special prosecutor with a full mandate to investigate those responsible for torture and war crimes, especially the high ranking officials who designed, justified, and orchestrated the torture program.” Another organization, Physicians for Human Rights, says that it “urges the administration to pursue any investigation up the chain of command to those officials who authorized and supervised the use of illegal techniques.” [TPM Muckraker, 8/24/2009] Several Democrats, including Senators Russ Feingold (D-WI) and Judiciary Committee chair Patrick Leahy (D-VT), and two members of the House Judiciary Committee, Jerrold Nadler (D-NY) and John Conyers (D-MI), issue statements urging the investigation to go beyond looking into the actions of CIA interrogators, and investigate the officials who authorized those actions. [TPM Muckraker, 8/24/2009]

Entity Tags: Eric Holder, Ron Wyden, Russell D. Feingold, US Department of Justice, Central Intelligence Agency, Bush administration (43), Peter Hoekstra, Center for Constitutional Rights, Patrick J. Leahy, Michael Isikoff, Jameel Jaffer, Jerrold Nadler, Joanne Mariner, John Conyers, John Ashcroft, Obama administration, John Durham

Timeline Tags: Torture of US Captives

Former Attorney General Alberto Gonzales defends Attorney General Eric Holder’s decision to investigate allegations of prisoner abuse by the CIA (see August 24, 2009). Referring to Holder’s decision going against the apparent wishes of President Obama, Gonzales says, “As chief prosecutor of the United States, he should make the decision on his own, based on the facts, then inform the White House.” The attorney general has a “great deal of discretion” in such matters, he says. Gonzales also says that since Bush administration lawyers clearly defined what interrogation techniques were legal, the interrogators who went beyond those defined boundaries should be investigated. “We worked very hard to establish ground rules and parameters about how to deal with terrorists,” he says. “And if people go beyond that, I think it is legitimate to question and examine that conduct to ensure people are held accountable for their actions, even if it’s action in prosecuting the war on terror.” Holder, Gonzales says, is only concerned about the “one percent of actors” who went beyond the guidelines of Justice Department lawyers, and is not conducting a witch hunt. The other 99 percent “are heroes and and should be treated like heroes for the most part, not criminals,” he says. [Washington Times, 9/1/2009] Two days later, Gonzales backs down from his position. He tells a Washington Times reporter, “Contrary to press reporting and based on the information that’s available to me, I don’t support the investigation by the department because this is a matter that has already been reviewed thoroughly and because I believe that another investigation is going to harm our intelligence gathering capabilities, and that’s a concern that’s shared by career intelligence officials, and so for those reasons I respectfully disagree with the decision.” [Washington Times, 9/3/2009]

Entity Tags: Alberto R. Gonzales, Eric Holder, Bush administration (43), Central Intelligence Agency, Barack Obama

Timeline Tags: Torture of US Captives

Law professor Benjamin Davis calls on former Bush administration officials to step forward and cooperate with the Justice Department investigation into torture, being led by prosecutor John Durham (see August 24, 2009). Davis makes his call after attending a debate called “After Guantanamo” at Case Western Reserve Law School. During that debate, he writes, “members of the former administration regaled the audience with stories about the mistakes made and the arrogance demonstrated by persons with whom they had worked on the issues of detention, interrogation, and military commissions.” Davis writes that “it would seem preferable for the former administration members to tell their stories to the federal prosecutor rather than to audiences at conferences.” He calls the stories “appalling,” citing incidents of “arrogant disdain for military lawyers” displayed by senior Bush officials, widespread ignorance of military law, “and the general indifference of those tasked with developing detention, interrogation, and military commission policy in the prior administration.” Davis calls on the former adminstration officials to go farther than they did at Case Western: “Names were not named in the conference, but names should be named to John Durham. He is permitted to ‘follow the facts wherever they lead,’ but if those lawyers, other civilians, and uniformed types who know where the dogs are buried refrain from coming forward, they will make the task more arduous than it needs to be. Everyone who has a story is a witness in piecing together what really went on. Every lawyer has also sworn an oath to be an officer of the court and is under an ethical duty to refrain from abetting crimes. Help John Durham find the facts.” He concludes by asking: “[B]eyond legal or ethical obligations, the real question is of what these architects of detention, interrogation, and military commission policy are made of. Are they made of the stuff that led Specialist Darby [Joseph Darby—see January 13, 2004] to clearly see what was wrong with detainee treatment in Abu Ghraib, thus prompting him to provide military investigators with the incriminating photos? Or are these persons made of the stuff of cowards that hope this will all go away if they do not say anything to anyone—posturing in public and cowering in private?” [Jurist, 9/18/2009]

Entity Tags: Bush administration (43), Benjamin Davis, Joseph Darby, US Department of Justice, John Durham

Timeline Tags: Torture of US Captives

The House Judiciary Committee accidently reveals the surname of the covert CIA officer who caused the death of Afghan detainee Gul Rahman in November 2002. The officer, whose last name is now known to be Zirbel, had Rahman doused with water then left him with few clothes in the cold. Rahman was later found dead (see November 20, 2002). The surname is uncovered in a footnote to a document drafted by lawyers acting for Jay Bybee, who is accused of improper conduct over his drafting of memos that effectively authorised the CIA to torture prisoners, which the committee posts at its website. Although sections of the document are redacted, it appears censors failed to remove Zirbel’s name in this one instance. After the document is highlighted in the press in late March, the name will be redacted in the version of it posted at the committee’s website, but will survive elsewhere on the Internet. [Mahoney and Johnson, 10/9/2009 pdf file; Harper's, 3/28/2010; New Yorker, 3/31/2010]

Entity Tags: House Judiciary Committee, Matthew Zirbel

Timeline Tags: Torture of US Captives

The Associated Press publishes an article by Adam Goldman and Kathy Gannon revealing the name of the Afghan detainee who died at the CIA-controlled Salt Pit prison near Kabul in November 2002 (see November 20, 2002). The prisoner is named as Gul Rahman, and further details about his capture and death are also revealed for the first time. [Associated Press, 3/28/2010]

Entity Tags: Adam Goldman, Kathy Gannon, Gul Rahman

Timeline Tags: Torture of US Captives

New Yorker reporter Jane Mayer writes that CIA officer Matthew Zirbel, who caused Afghan detainee Gul Rahman to freeze to death in November 2002 (see November 20, 2002), is still employed by the agency. [New Yorker, 3/31/2010; Associated Press, 2/9/2011] The comment is made in a post about Rahman’s death and the aftermath. [New Yorker, 3/31/2010]

Entity Tags: Central Intelligence Agency, Jane Mayer, Matthew Zirbel

Timeline Tags: Torture of US Captives

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